[House Report 114-840]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-840
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017
----------
CONFERENCE REPORT
to accompany
S. 2943
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 30, 2016.--Ordered to be printed
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-840
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017
__________
CONFERENCE REPORT
to accompany
S. 2943
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 30, 2016.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
22-492 WASHINGTON : 2016
C O N T E N T S
----------
CONFERENCE REPORT................................................ 1
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE....... 975
Compliance with rules of the House of Representatives and
Senate regarding earmarks and congressionally directed
spending items............................................. 975
Summary of discretionary authorizations and budget authority
implication................................................ 975
Budgetary effects of this Act (sec. 4)....................... 976
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 976
TITLE I--PROCUREMENT............................................. 976
Subtitle A--Authorization of Appropriations.................. 976
Authorization of appropriations (sec. 101)............... 976
Subtitle B--Army Programs.................................... 976
Multiyear procurement authority for AH-64E Apache
helicopters (sec. 111)................................. 976
Multiyear procurement authority for UH-60M and HH-60M
Black Hawk helicopters (sec. 112)...................... 976
Distributed Common Ground System-Army increment 1 (sec.
113)................................................... 977
Assessment of certain capabilities of the Department of
the Army (sec. 114).................................... 977
Subtitle C--Navy Programs.................................... 978
Determination of vessel delivery dates (sec. 121)........ 978
Incremental funding for detail design and construction of
LHA replacement ship designated LHA 8 (sec. 122)....... 978
Littoral Combat Ship (sec. 123).......................... 978
Limitation on use of sole-source shipbuilding contracts
for certain vessels (sec. 124)......................... 979
Limitation on availability of funds for the Advanced
Arresting Gear Program (sec. 125)...................... 979
Limitation on availability of funds for procurement of
U.S.S. Enterprise (CVN-80) (sec. 126).................. 980
Sense of Congress on aircraft carrier procurement
schedules (sec. 127)................................... 980
Report on P-8 Poseidon aircraft (sec. 128)............... 981
Design and construction of replacement dock landing ship
designated LX(R) or amphibious transport dock
designated LPD-29 (sec. 129)........................... 981
Subtitle D--Air Force Programs............................... 981
EC-130H Compass Call recapitalization program (sec. 131). 981
Repeal of requirement to preserve certain retired C-5
aircraft (sec. 132).................................... 982
Repeal of requirement to preserve F-117 aircraft in
recallable condition (sec. 133)........................ 982
Prohibition on availability of funds for retirement of A-
10 aircraft (sec. 134)................................. 982
Limitation on availability of funds for destruction of A-
10 aircraft in storage status (sec. 135)............... 983
Prohibition on availability of funds for retirement of
Joint Surveillance Target Attack Radar System aircraft
(sec. 136)............................................. 983
Elimination of annual report on aircraft inventory (sec.
137)................................................... 983
Subtitle E--Defense-Wide, Joint, and Multiservice Matters.... 983
Standardization of 5.56mm rifle ammunition (sec. 141).... 983
Fire suppressant and fuel containment standards for
certain vehicles (sec. 142)............................ 984
Limitation on availability of funds for destruction of
certain cluster munitions (sec. 143)................... 984
Report on Department of Defense munitions strategy for
the combatant commands (sec. 144)...................... 984
Modifications to reporting on use of combat mission
requirements funds (sec. 145).......................... 985
Report on alternative management structures for the F-35
joint strike fighter program (sec. 146)................ 985
Comptroller General review of F-35 Lightning II aircraft
sustainment support (sec. 147)......................... 985
Briefing on acquisition strategy for Ground Mobility
Vehicle (sec. 148)..................................... 985
Study and report on optimal mix of aircraft capabilities
for the Armed Forces (sec. 149)........................ 985
Legislative Provisions Not Adopted........................... 986
Funding for surface-to-air missile system................ 986
Procurement authority for aircraft carrier programs...... 986
Ship to shore connector program.......................... 986
Limitation on availability of funds for Tactical Combat
Training System Increment II........................... 986
Prohibition on availability of funds for retirement of U-
2 aircraft............................................. 987
Medium Altitude Intelligence, Surveillance, and
Reconnaissance Aircraft................................ 987
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION............ 988
Subtitle A--Authorization of Appropriations.................. 988
Authorization of appropriations (sec. 201)............... 988
Subtitle B--Program Requirements, Restrictions, and
Limitations................................................ 988
Laboratory quality enhancement program (sec. 211)........ 988
Modification of mechanisms to provide funds for defense
laboratories for research and development of
technologies for military missions (sec. 212).......... 988
Making permanent authority for defense research and
development rapid innovation program (sec. 213)........ 989
Authorization for National Defense University and Defense
Acquisition University to enter into cooperative
research and development agreements (sec. 214)......... 989
Manufacturing Engineering Education Grant Program (sec.
215)................................................... 989
Notification requirement for certain rapid prototyping,
experimentation, and demonstration activities (sec.
216)................................................... 989
Increased micro-purchase threshold for research programs
and entities (sec. 217)................................ 989
Improved biosafety for handling of select agents and
toxins (sec. 218)...................................... 990
Designation of Department of Defense senior official with
principal responsibility for directed energy weapons
(sec. 219)............................................. 990
Restructuring of the distributed common ground system of
the Army (sec. 220).................................... 991
Limitation on availability of funds for countering
weapons of mass destruction system Constellation (sec.
221)................................................... 991
Limitation on availability of funds for Defense
Innovation Unit Experimental (sec. 222)................ 991
Limitation on availability of funds for Joint
Surveillance Target Attack Radar System (JSTARS)
Recapitalization Program (sec. 223).................... 993
Acquisition program baseline and annual reports on
follow-on modernization program for F-35 Joint Strike
Fighter (sec. 224)..................................... 993
Subtitle C--Reports and Other Matters........................ 993
Strategy for assured access to trusted microelectronics
(sec. 231)............................................. 993
Pilot program on evaluation of commercial information
technology (sec. 232).................................. 993
Pilot program for the enhancement of the research,
development, test, and evaluation centers of the
Department of Defense (sec. 233)....................... 994
Pilot program on modernization and fielding of
electromagnetic spectrum warfare systems and electronic
warfare capabilities (sec. 234)........................ 994
Pilot program on disclosure of certain sensitive
information to federally funded research and
development centers (sec. 235)......................... 995
Pilot program on enhanced interaction between the Defense
Advanced Research Projects Agency and the service
academies (sec. 236)................................... 995
Independent review of F/A-18 physiological episodes and
corrective actions (sec. 237).......................... 995
B-21 bomber development program accountability matrices
(sec. 238)............................................. 995
Study on helicopter crash prevention and mitigation
technology (sec. 239).................................. 996
Strategy for Improving Electronic and Electromagnetic
Spectrum Warfare Capabilities (sec. 240)............... 996
Sense of Congress on development and fielding of fifth
generation airborne systems (sec. 241)................. 996
Legislative Provisions Not Adopted........................... 996
Report on cost of B-21 aircraft.......................... 996
TITLE III--OPERATION AND MAINTENANCE............................. 997
Subtitle A--Authorization of Appropriations.................. 997
Authorization of appropriations (sec. 301)............... 997
Subtitle B--Energy and the Environment....................... 997
Modified reporting requirement related to installations
energy management (sec. 311)........................... 997
Waiver authority for alternative fuel procurement
requirement (sec. 312)................................. 997
Utility data management for military facilities (sec.
313)................................................... 997
Alternative technologies for munitions disposal (sec.
314)................................................... 998
Report on efforts to reduce high energy costs at military
installations (sec. 315)............................... 998
Sense of Congress on funding decisions relating to
climate change (sec. 316).............................. 998
Subtitle C--Logistics and Sustainment........................ 999
Revision of deployability rating system and planning
reform (sec. 321)...................................... 999
Revision of guidance related to corrosion control and
prevention executives (sec. 322)....................... 999
Pilot program for inclusion of certain industrial plants
in the Armament Retooling and Manufacturing Support
Initiative (sec. 323).................................. 999
Repair, recapitalization, and certification of dry docks
at naval shipyards (sec. 324).......................... 999
Private sector port loading assessment (sec. 325)........ 1000
Strategy on revitalizing Army organic industrial base
(sec. 326)............................................. 1000
Subtitle D--Reports.......................................... 1000
Modifications to Quarterly Readiness Report to Congress
(sec. 331)............................................. 1000
Report on average travel costs of members of the reserve
components (sec. 332).................................. 1000
Report on HH-60G sustainment and Combat Rescue Helicopter
program (sec. 333)..................................... 1001
Subtitle E--Other Matters.................................... 1001
Air navigation matters (sec. 341)........................ 1001
Contract working dogs (sec. 342)......................... 1001
Plan, funding documents, and management review relating
to explosive ordnance disposal (sec. 343).............. 1001
Process for communicating availability of surplus
ammunition (sec. 344).................................. 1002
Mitigation of risks posed by window coverings with
accessible cords in certain military housing units
(sec. 345)............................................. 1002
Access to military installations by transportation
companies (sec. 346)................................... 1002
Access to wireless high-speed Internet and network
connections for certain members of the Armed Forces
(sec. 347)............................................. 1002
Limitation on availability of funds for Office of the
Under Secretary of Defense for Intelligence (sec. 348). 1003
Limitation on development and fielding of new camouflage
and utility uniforms (sec. 349)........................ 1003
Plan for improved dedicated adversary air training
enterprise of the Air Force (sec. 350)................. 1003
Independent review and assessment of the Ready Aircrew
Program of the Air Force (sec. 351).................... 1003
Study on space-available travel system of the Department
of Defense (sec. 352).................................. 1004
Evaluation of motor carrier safety performance and safety
technology (sec. 353).................................. 1004
Legislative Provisions Not Adopted........................... 1004
Increase in funding for civil military programs.......... 1004
Linear LED lamps......................................... 1004
Production and use of natural gas at Fort Knox........... 1005
Sense of Congress on perfluorinated chemicals............ 1005
Limitation on availability of funds for Defense Contract
Management Agency...................................... 1005
Repurposing and reuse of surplus military firearms....... 1005
STARBASE Program......................................... 1006
Explosive Ordnance Disposal Corps........................ 1006
Development of personal protective equipment for female
Marines and soldiers................................... 1006
Supply of specialty motors from certain manufacturers.... 1007
Briefing on well-drilling capabilities of active duty and
reserve components..................................... 1007
Increase in funding for National Guard counter-drug
programs............................................... 1007
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS...................... 1007
Subtitle A--Active Forces.................................... 1007
End strength for active forces (sec. 401)................ 1007
Revisions in permanent active duty end strength minimum
levels (sec. 402)...................................... 1008
Subtitle B--Reserve Forces................................... 1008
End strengths for Selected Reserve (sec. 411)............ 1008
End strengths for Reserves on active duty in support of
the reserves (sec. 412)................................ 1009
End strengths for military technicians (dual status)
(sec. 413)............................................. 1009
Fiscal year 2017 limitation on number of non-dual status
technicians (sec. 414)................................. 1010
Maximum number of reserve personnel authorized to be on
active duty for operational support (sec. 415)......... 1010
Technical corrections to annual authorization for
personnel strengths (sec. 416)......................... 1011
Subtitle C--Authorization of Appropriations.................. 1011
Military personnel (sec. 421)............................ 1011
Legislative Provisions Not Adopted........................... 1011
Sense of Congress on full-time support for the Army
National Guard......................................... 1011
TITLE V--MILITARY PERSONNEL POLICY............................... 1011
Subtitle A--Officer Personnel Policy......................... 1011
Reduction in number of general and flag officers on
active duty and authorized end strength after December
31, 2022, of such general and flag officers (sec. 501). 1011
Repeal of statutory specification of general or flag
officer grade for various positions in the Armed Forces
(sec. 502)............................................. 1013
Number of Marine Corps general officers (sec. 503)....... 1014
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
(sec. 504)............................................. 1014
Continuation of certain officers on active duty without
regard to requirement for retirement for years of
service (sec. 505)..................................... 1014
Equal consideration of officers for early retirement or
discharge (sec. 506)................................... 1014
Modification of authority to drop from rolls a
commissioned officer (sec. 507)........................ 1015
Extension of force management authorities allowing
enhanced flexibility for officer personnel management
(sec. 508)............................................. 1015
Pilot programs on direct commissions to cyber positions
(sec. 509)............................................. 1015
Length of joint duty assignments (sec. 510).............. 1016
Revision of definitions used for joint officer management
(sec. 510A)............................................ 1016
Subtitle B--Reserve Component Management..................... 1016
Authority for temporary waiver of limitation on term of
service of Vice Chief of the National Guard Bureau
(sec. 511)............................................. 1016
Rights and protections available to military technicians
(sec. 512)............................................. 1016
Inapplicability of certain laws to National Guard
technicians performing Active Guard and Reserve duty
(sec. 513)............................................. 1017
Extension of removal of restrictions on the transfer of
officers between the active and inactive National Guard
(sec. 514)............................................. 1017
Extension of temporary authority to use Air Force reserve
component personnel to provide training and instruction
regarding pilot training (sec. 515).................... 1017
Expansion of eligibility for deputy commander of
combatant command having United States among geographic
area of responsibility to include officers of the
Reserves (sec. 516).................................... 1017
Subtitle C--General Service Authorities...................... 1018
Matters relating to provision of leave for members of the
Armed Forces, including prohibition on leave not
expressly authorized by law (sec. 521)................. 1018
Transfer of provision relating to expenses incurred in
connection with leave canceled due to contingency
operations (sec. 522).................................. 1019
Expansion of authority to execute certain military
instruments (sec. 523)................................. 1019
Medical examination before administrative separation for
members with post-traumatic stress disorder or
traumatic brain injury in connection with sexual
assault (sec. 524)..................................... 1020
Reduction of tenure on the temporary disability retired
list (sec. 525)........................................ 1020
Technical correction to voluntary separation pay and
benefits (sec. 526).................................... 1020
Consolidation of Army marketing and pilot program on
consolidated Army recruiting (sec. 527)................ 1020
Subtitle D--Member Whistleblower Protections and Correction
of Military Records........................................ 1021
Improvements to whistleblower protection procedures (sec.
531)................................................... 1021
Modification of whistleblower protection authorities to
restrict contrary findings of prohibited personnel
action by the Secretary concerned (sec. 532)........... 1021
Availability of certain Correction of Military Records
and Discharge Review Board information through the
Internet (sec. 533).................................... 1021
Improvements to authorities and procedures for the
correction of military records (sec. 534).............. 1022
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. 535)............... 1023
Comptroller General of the United States review of
integrity of Department of Defense whistleblower
program (sec. 536)..................................... 1023
Subtitle E--Military Justice and Legal Assistance Matters.... 1024
United States Court of Appeals for the Armed Forces (sec.
541)................................................... 1024
Effective prosecution and defense in courts-martial and
pilot programs on professional military justice
development for judge advocates (sec. 542)............. 1024
Inclusion in annual reports on sexual assault prevention
and response efforts of the Armed Forces of information
on complaints of retaliation in connection with reports
of sexual assault in the Armed Forces (sec. 543)....... 1025
Extension of the requirement for annual report regarding
sexual assaults and coordination with release of Family
Advocacy Program report (sec. 544)..................... 1026
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 (sec.
545)................................................... 1026
Training for Department of Defense personnel who
investigate claims of retaliation (sec. 546)........... 1026
Notification to complainants of resolution of
investigations into retaliation (sec. 547)............. 1026
Modification of definition of sexual harassment for
purposes of investigations by commanding officers of
complaints of harassment (sec. 548).................... 1027
Improved Department of Defense prevention and response to
hazing in the Armed Forces (sec. 549).................. 1027
Subtitle F--National Commission on Military, National, and
Public Service............................................. 1028
Purpose, scope, and definitions (sec. 551)............... 1028
Preliminary report on purpose and utility of registration
system under Military Selective Service Act (sec. 552). 1028
National Commission on Military, National, and Public
Service (sec. 553)..................................... 1028
Commission hearings and meetings (sec. 554).............. 1029
Principles and procedure for Commission recommendations
(sec. 555)............................................. 1029
Executive Director and staff (sec. 556).................. 1030
Termination of Commission (sec. 557)..................... 1030
Subtitle G--Member Education, Training, Resilience, and
Transition................................................. 1030
Modification of program to assist members of the Armed
Forces in obtaining professional credentials (sec. 561) 1030
Inclusion of alcohol, prescription drug, opioid, and
other substance abuse counseling as part of required
preseparation counseling (sec. 562).................... 1030
Inclusion of information in Transition Assistance Program
regarding effect of receipt of both veteran disability
compensation and voluntary separation pay (sec. 563)... 1031
Training under Transition Assistance Program on
employment opportunities associated with transportation
security cards (sec. 564).............................. 1031
Extension of suicide prevention and resilience program
(sec. 565)............................................. 1031
Congressional notification in advance of appointments to
service academies (sec. 566)........................... 1031
Report and guidance regarding Job Training, Employment
Skills Training, Apprenticeships, and Internships and
SkillBridge initiatives for members of the Armed Forces
who are being separated (sec. 567)..................... 1032
Military-to-mariner transition (sec. 568)................ 1032
Subtitle H--Defense Dependents' Education and Military Family
Readiness Matters.......................................... 1032
Continuation of authority to assist local educational
agencies that benefit dependents of members of the
Armed Forces and Department of Defense civilian
employees (sec. 571)................................... 1032
One-year extension of authorities relating to the
transition and support of military dependent students
to local educational agencies (sec. 572)............... 1033
Annual notice to members of the Armed Forces regarding
child custody protections guaranteed by the
Servicemembers Civil Relief Act (sec. 573)............. 1033
Requirement for annual Family Advocacy Program report
regarding child abuse and domestic violence (sec. 574). 1033
Reporting on allegations of child abuse in military
families and homes (sec. 575).......................... 1034
Repeal of Advisory Council on Dependents' Education (sec.
576)................................................... 1034
Support for programs providing camp experience for
children of military families (sec. 577)............... 1034
Comptroller General of the United States assessment and
report on Exceptional Family Member Programs (sec. 578) 1034
Impact aid amendments (sec. 579)......................... 1035
Subtitle I--Decorations and Awards........................... 1035
Posthumous advancement of Colonel George E. ``Bud'' Day,
United States Air Force, on the retired list (sec. 581) 1035
Authorization for award of medals for acts of valor
during certain contingency operations (sec. 582)....... 1035
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. 583)............................. 1036
Authorization for award of Distinguished Service Cross to
First Lieutenant Melvin M. Spruiell for acts of valor
during World War II (sec. 584)......................... 1036
Authorization for award of the Distinguished Service
Cross to Chaplain (First Lieutenant) Joseph Verbis
LaFleur for acts of valor during World War II (sec.
585)................................................... 1036
Review regarding award of Medal of Honor to certain Asian
American and Native American Pacific Islander War
Veterans (sec. 586).................................... 1036
Subtitle J--Miscellaneous Reports and Other Matters.......... 1037
Repeal of requirement for a chaplain at the United States
Air Force Academy appointed by the President (sec. 591) 1037
Extension of limitation on reduction in number of
military and civilian personnel assigned to duty with
service review agencies (sec. 592)..................... 1037
Annual reports on progress of the Army and the Marine
Corps in integrating women into military occupational
specialties and units recently opened to women (sec.
593)................................................... 1037
Report on feasibility of electronic tracking of
operational active-duty service performed by members of
the Ready Reserve of the Armed Forces (sec. 594)....... 1038
Report on discharge by warrant officers of pilot and
other flight officer positions in the Navy, Marine
Corps, and Air Force currently discharged by
commissioned officers (sec. 595)....................... 1038
Body mass index test (sec. 596).......................... 1038
Report on career progression tracks of the Armed Forces
for women in combat arms units (sec. 597).............. 1038
Legislative Provisions Not Adopted........................... 1039
Temporary suspension of officer grade strength tables.... 1039
Enhanced authority for service credit for experience or
advanced education upon original appointment as a
commissioned officer................................... 1039
Authority of promotion boards to recommend officers of
particular merit be placed at the top of the promotion
list................................................... 1040
Limitations on ordering selected reserve to active duty
for preplanned missions in support of the combatant
commands............................................... 1040
Exemption of military technicians (dual status) from
civilian employee furloughs............................ 1041
Authority to designate certain Reserve officers as not to
be considered for selection for promotion.............. 1041
Responsibility of Chiefs of Staff of the Armed Forces for
standards and qualifications for military specialties
within the Armed Forces................................ 1041
Reconciliation of contradictory provisions relating to
qualifications for enlistment in the reserve components
of the Armed Forces.................................... 1041
Burdens of proof applicable to investigations and reviews
related to protected communications of members of the
armed forces and prohibited retaliatory actions........ 1042
Discretionary authority for military judges to designate
an individual to assume the rights of the victim of an
offense under the Uniform Code of Military Justice when
the victim is a minor, incompetent, incapacitated, or
deceased............................................... 1042
Appellate standing of victims in enforcing rights of
victims under the Uniform Code of Military Justice..... 1042
Limitation on tuition assistance for off-duty training or
education.............................................. 1043
Establishment of ROTC cyber institutes at senior military
colleges............................................... 1043
Access to Department of Defense installations of
institutions of higher education providing certain
advising and student support services.................. 1044
Employment authority for civilian faculty at certain
military department schools............................ 1044
Revision of name on military service record to reflect
change in name of a member of the Army, Navy, Air
Force, or Marine Corps, after separation from the Armed
Forces................................................. 1044
Direct employment pilot program for members of the
National Guard and Reserve............................. 1044
Prohibition on establishment, maintenance, or support of
Senior Reserve Officers' Training Corps units at
educational institutions that display the Confederate
battle flag............................................ 1045
Report on composition of service academies............... 1045
Enhanced flexibility in provision of relocation
assistance to members of the Armed Forces and their
families............................................... 1045
Background checks for employees of agencies and schools
providing elementary and secondary education for
Department of Defense dependents....................... 1046
Authorization for award of the Medal of Honor to Charles
S. Kettles for acts of valor during the Vietnam war.... 1047
Burial of cremated remains in Arlington National Cemetery
of certain persons whose service is deemed to be active
service................................................ 1047
Applicability of Military Selective Service Act to female
citizens and persons................................... 1047
Representation from member of the Armed Forces on boards,
councils, and committees making recommendations
relating to military personnel issues.................. 1047
Preseparation counseling regarding options for donating
brain tissue at time of death for research............. 1048
Recognition of the expanded service opportunities
available to female members of the Armed Forces and the
long service of women in the Armed Forces.............. 1048
Sense of Congress regarding plight of male victims of
military sexual assault................................ 1048
Sense of Congress regarding section 504 of title 10,
United States Code, on existing authority of the
Department of Defense to enlist individuals, not
otherwise eligible for enlistment, whose enlistment is
vital to the national interest......................... 1049
Protection of Second Amendment rights of military
families............................................... 1049
Pilot program on advanced technology for alcohol abuse
prevention............................................. 1049
Report on availability of college credit for skills
acquired during military service....................... 1049
Atomic veterans service medal............................ 1050
Report on extending protections for student loans for
active duty borrowers.................................. 1050
Exclusion of certain reimbursements of medical expenses
and other payments from determination of annual income
with respect to pensions for veterans and surviving
spouses and children of veterans....................... 1050
Sense of Congress on desirability of service-wide
adoption of Gold Star installation access card......... 1050
Servicemembers' Group Life Insurance..................... 1050
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS.............. 1051
Subtitle A--Pay and Allowances............................... 1051
Fiscal year 2017 increase in military basic pay (sec.
601)................................................... 1051
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. 602)....... 1051
Extension of authority to provide temporary increase in
rates of basic allowance for housing under certain
circumstances (sec. 603)............................... 1051
Reports on a new single-salary pay system for members of
the Armed Forces (sec. 604)............................ 1051
Subtitle B--Bonuses and Special and Incentive Pays........... 1052
One-year extension of certain bonus and special pay
authorities for reserve forces (sec. 611).............. 1052
One-year extension of certain bonus and special pay
authorities for health care professionals (sec. 612)... 1052
One-year extension of special pay and bonus authorities
for nuclear officers (sec. 613)........................ 1053
One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities (sec. 614)................................. 1053
One-year extension of authorities relating to payment of
other title 37 bonuses and special pays (sec. 615)..... 1053
Aviation incentive pay and bonus matters (sec. 616)...... 1054
Conforming amendment to consolidation of special pay,
incentive pay, and bonus authorities (sec. 617)........ 1054
Technical amendments relating to 2008 consolidation of
certain special pay authorities (sec. 618)............. 1055
Subtitle C--Travel and Transportation Allowances............. 1055
Maximum reimbursement amount for travel expenses of
members of the Reserves attending inactive duty
training outside of normal commuting distances (sec.
621)................................................... 1055
Subtitle D--Disability Pay, Retired Pay, and Survivor
Benefits................................................... 1055
Part I--Amendments in Connection with Retired Pay Reform... 1055
Election period for members in the service academies and
inactive Reserves to participate in the modernized
retirement system (sec. 631)........................... 1055
Effect of separation of members from the uniformed
services on participation in the Thrift Savings Plan
(sec. 632)............................................. 1055
Continuation pay for full Thrift Savings Plan members who
have completed 8 to 12 years of service (sec. 633)..... 1056
Combat-related special compensation coordinating
amendment (sec. 634)................................... 1056
Part II--Other Matters..................................... 1056
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. 641)............................................. 1056
Equal benefits under Survivor Benefit Plan for survivors
of reserve component members who die in the line of
duty during inactive-duty training (sec. 642).......... 1057
Authority to deduct Survivor Benefit Plan premiums from
combat-related special compensation when retired pay
not sufficient (sec. 643).............................. 1057
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. 644)................ 1057
Authority for payment of pay and allowances and retired
and retainer pay pursuant to power of attorney (sec.
645)................................................... 1057
Extension of authority to pay special survivor indemnity
allowance under Survivor Benefit Plan (sec. 646)....... 1058
Repeal of obsolete authority for combat-related injury
rehabilitation pay (sec. 647).......................... 1058
Independent assessment of the Survivor Benefit Plan (sec.
648)................................................... 1058
Subtitle E--Commissary and Non-Appropriated Fund
Instrumentality Benefits and Operations.................... 1058
Protection and enhancement of access to and savings at
commissaries and exchanges (sec. 661).................. 1058
Acceptance of Military Star Card at commissaries (sec.
662)................................................... 1059
Subtitle F--Other Matters.................................... 1060
Recovery of amounts owed to the United States by members
of the uniformed services (sec. 671)................... 1060
Modification of flat rate per diem requirement for
personnel on long-term temporary duty assignments (sec.
672)................................................... 1061
Legislative Provisions Not Adopted........................... 1061
Sense of the Congress on Roth contributions as default
contributions of members of the Armed Forces
participating in the Thrift Savings Plan under retired
pay reform............................................. 1061
Sense of the Congress on options for members of the Armed
Forces to designate payment of the death gratuity to a
trust for a special needs individual................... 1061
Period for relocation of spouses and dependents of
certain members of the Armed Forces undergoing a
permanent change of station............................ 1061
TITLE VII--HEALTH CARE PROVISIONS................................ 1062
Subtitle A--Reform of TRICARE and Military Health System..... 1062
TRICARE Select and other TRICARE Reform (sec. 701)....... 1062
Reform of administration of the Defense Health Agency and
military medical treatment facilities (sec. 702)....... 1064
Military medical treatment facilities (sec. 703)......... 1066
Access to urgent and primary care under TRICARE program
(sec. 704)............................................. 1067
Value-based purchasing and acquisition of managed care
support contracts for TRICARE program (sec. 705)....... 1067
Establishment of high performance military-civilian
integrated health delivery systems (sec. 706).......... 1069
Joint Trauma System (sec. 707)........................... 1070
Joint Trauma Education and Training Directorate (sec.
708)................................................... 1070
Standardized system for scheduling medical appointments
at military treatment facilities (sec. 709)............ 1071
Subtitle B--Other Health Care Benefits....................... 1072
Extended TRICARE program coverage for certain members of
the National Guard and dependents during certain
disaster response duty (sec. 711)...................... 1072
Continuity of health care coverage for reserve components
(sec. 712)............................................. 1072
Provision of hearing aids to dependents of retired
members (sec. 713)..................................... 1074
Coverage of medically necessary food and vitamins for
certain conditions under the TRICARE program (sec. 714) 1074
Eligibility of certain beneficiaries under the TRICARE
program for participation in the Federal Employees
Dental and Vision Insurance Program (sec. 715)......... 1074
Applied behavior analysis (sec. 716)..................... 1074
Evaluation and treatment of veterans and civilians at
military treatment facilities (sec. 717)............... 1075
Enhancement of use of telehealth services in military
health system (sec. 718)............................... 1075
Authorization of reimbursement by Department of Defense
to entities carrying out state vaccination programs for
costs of vaccines provided to covered beneficiaries
(sec. 719)............................................. 1076
Subtitle C--Health Care Administration....................... 1076
Authority to convert military medical and dental
positions to civilian medical and dental positions
(sec. 721)............................................. 1076
Prospective payment of funds necessary to provide medical
care for the Coast Guard (sec. 722).................... 1077
Reduction of administrative requirements relating to
automatic renewal of enrollments in TRICARE Prime (sec.
723)................................................... 1077
Modification of authority of Uniformed Services
University of the Health Sciences to include
undergraduate and other medical education and training
programs (sec. 724).................................... 1077
Adjustment of medical services, personnel authorized
strengths, and infrastructure in military health system
to maintain readiness and core competencies of health
care providers (sec. 725).............................. 1078
Program to eliminate variability in health outcomes and
improve quality of health care services delivered in
military medical treatment facilities (sec. 726)....... 1078
Acquisition strategy for health care professional
staffing services (sec. 727)........................... 1079
Adoption of core quality performance metrics (sec. 728).. 1080
Improvement of health outcomes and control of costs of
health care under TRICARE program through programs to
involve covered beneficiaries (sec. 729)............... 1080
Accountability for the performance of the military health
system of certain leaders within the system (sec. 730). 1081
Establishment of advisory committees for military
treatment facilities (sec. 731)........................ 1082
Subtitle D--Reports and Other Matters........................ 1082
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. 741)......... 1082
Pilot program on expansion of use of physician assistants
to provide mental health care to members of the Armed
Forces (sec. 742)...................................... 1082
Pilot program for prescription drug acquisition cost
parity in the TRICARE pharmacy benefits program (sec.
743)................................................... 1083
Pilot program on display of wait times at urgent care
clinics and pharmacies of military medical treatment
facilities (sec. 744).................................. 1083
Requirement to review and monitor prescribing practices
at military treatment facilities of pharmaceutical
agents for treatment of post-traumatic stress (sec.
745)................................................... 1084
Department of Defense study on preventing the diversion
of opioid medications (sec. 746)....................... 1084
Incorporation into survey by Department of Defense of
questions on experiences of members of the Armed Forces
with family planning services and counseling (sec. 747) 1084
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. 748)............................................. 1085
Oversight of graduate medical education programs of
military departments (sec. 749)........................ 1085
Study on health of helicopter and tiltrotor pilots (sec.
750)................................................... 1086
Comptroller General reports on health care delivery and
waste in military health system (sec. 751)............. 1086
Legislative Provisions Not Adopted........................... 1086
Modifications of cost-sharing requirements for the
TRICARE pharmacy benefits program and treatment of
certain pharmaceutical agents.......................... 1086
Pilot program on treatment of members of the Armed Forces
for post-traumatic stress disorder related to military
sexual trauma.......................................... 1087
Selection of commanders and directors of military
treatment facilities and tours of duty of commanders of
such facilities........................................ 1087
Use of mefloquine for malaria............................ 1087
Mental health resources for members of the military
services at high risk of suicide....................... 1088
Research of chronic traumatic encephalopathy............. 1088
Active oscillating negative pressure treatment........... 1088
Report on feasibility of including acupuncture and
chiropractic services for retirees under TRICARE
program................................................ 1088
Clarification of submission of reports on longitudinal
study on traumatic brain injury........................ 1088
Increased collaboration with NIH to combat triple
negative breast cancer................................. 1089
Memoranda of agreement with institutions of higher
education that offer degrees in allopathic or
osteopathic medicine................................... 1089
Prohibition on conduct of certain medical research and
development projects................................... 1089
Report on plan to improve pediatric care and related
services for children of members of the Armed Forces... 1090
Treatment of certain provisions relating to limitations,
transparency, and oversight regarding medical research
conducted by the Department of Defense................. 1090
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS................................................ 1090
Subtitle A--Acquisition Policy and Management................ 1090
Rapid acquisition authority amendments (sec. 801)........ 1090
Authority for temporary service of Principal Military
Deputies to the Assistant Secretaries of the military
departments for acquisition as Acting Assistant
Secretaries (sec. 802)................................. 1090
Modernization of services acquisition (sec. 803)......... 1090
Defense Modernization Account amendments (sec. 804)...... 1091
Subtitle B--Department of Defense Acquisition Agility........ 1091
Modular open system approach in development of major
weapon systems (sec. 805).............................. 1091
Development, prototyping, and deployment of weapon system
components or technology (sec. 806).................... 1091
Cost, schedule, and performance of major defense
acquisition programs (sec. 807)........................ 1092
Transparency in major defense acquisition programs (sec.
808)................................................... 1092
Amendments relating to technical data rights (sec. 809).. 1093
Subtitle C--Amendments to General Contracting Authorities,
Procedures, and Limitations................................ 1094
Modified restrictions on undefinitized contractual
actions (sec. 811)..................................... 1094
Amendments relating to inventory and tracking of
purchases of services (sec. 812)....................... 1095
Use of lowest price technically acceptable source
selection process (sec. 813)........................... 1095
Limitation of use of reverse auctions and lowest price
technically acceptable contracting methods for
procurement of personal protective equipment (sec. 814) 1096
Amendments related to detection and avoidance of
counterfeit electronic parts (sec. 815)................ 1096
Amendments to special emergency procurement authority
(sec. 816)............................................. 1096
Compliance with domestic source requirements for footwear
furnished to enlisted members of the Armed Forces upon
their initial entry into the Armed Forces (sec. 817)... 1097
Extension of authority for enhanced transfer of
technology developed at Department of Defense
laboratories (sec. 818)................................ 1097
Modified notification requirement for exercise of waiver
authority to acquire vital national security
capabilities (sec. 819)................................ 1098
Defense cost accounting standards (sec. 820)............. 1098
Increased micro-purchase threshold applicable to
Department of Defense procurements (sec. 821).......... 1098
Enhanced competition requirements (sec. 822)............. 1099
Revision to effective date of senior executive benchmark
compensation for allowable cost limitations (sec. 823). 1099
Treatment of independent research and development costs
on certain contracts (sec. 824)........................ 1099
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. 825)................................... 1100
Extension of program for comprehensive small business
contracting plans (sec. 826)........................... 1100
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. 827)............ 1100
Defense Acquisition Challenge Program amendments (sec.
828)................................................... 1101
Preference for fixed-price contracts (sec. 829).......... 1101
Requirement to use firm fixed-price contracts for foreign
military sales (sec. 830).............................. 1101
Preference for performance-based contractual payments
(sec. 831)............................................. 1102
Contractor incentives to achieve savings and improve
mission performance (sec. 832)......................... 1102
Sunset and repeal of certain contracting provisions (sec.
833)................................................... 1102
Flexibility in contracting award program (sec. 834)...... 1103
Protection of task order competition (sec. 835).......... 1103
Contract closeout authority (sec. 836)................... 1103
Closeout of old Department of the Navy contracts (sec.
837)................................................... 1103
Subtitle D--Provisions Relating to Major Defense Acquisition
Programs................................................... 1104
Change in date of submission to Congress of Selected
Acquisition Reports (sec. 841)......................... 1104
Amendments relating to independent cost estimation and
cost analysis (sec. 842)............................... 1104
Revisions to Milestone B determinations (sec. 843)....... 1104
Review and report on sustainment planning in the
acquisition process (sec. 844)......................... 1105
Revision to distribution of annual report on operational
test and evaluation (sec. 845)......................... 1105
Repeal of major automated information systems provisions
(sec. 846)............................................. 1105
Revisions to definition of major defense acquisition
program (sec. 847)..................................... 1105
Acquisition strategy (sec. 848).......................... 1106
Improved life-cycle cost control (sec. 849).............. 1106
Authority to designate increments or blocks of items
delivered under major defense acquisition programs as
major subprograms for purposes of acquisition reporting
(sec. 850)............................................. 1107
Reporting of small business participation on Department
of Defense programs (sec. 851)......................... 1107
Waiver of congressional notification for acquisition of
tactical missiles and munitions greater than quantity
specified in law (sec. 852)............................ 1108
Multiple program multiyear contract pilot demonstration
program (sec. 853)..................................... 1108
Key performance parameter reduction pilot program (sec.
854)................................................... 1108
Mission integration management (sec. 855)................ 1108
Subtitle E--Provisions Relating to Acquisition Workforce..... 1109
Project management (sec. 861)............................ 1109
Authority to waive tenure requirement for program
managers for program definition and program execution
periods (sec. 862)..................................... 1109
Purposes for which the Department of Defense Acquisition
Workforce Development Fund may be used; advisory panel
amendments (sec. 863).................................. 1110
Department of Defense Acquisition Workforce Development
Fund determination adjustment (sec. 864)............... 1110
Limitations on funds used for staff augmentation
contracts at management headquarters of the Department
of Defense and the military departments (sec. 865)..... 1111
Senior Military Acquisition Advisors in the Defense
Acquisition Corps (sec. 866)........................... 1111
Authority of the Secretary of Defense under the
acquisition demonstration project (sec. 867)........... 1112
Subtitle F--Provisions Related to Commercial Items........... 1112
Market research for determination of price reasonableness
in acquisition of commercial items (sec. 871).......... 1112
Value analysis for the determination of price
reasonableness (sec. 872).............................. 1112
Clarification of requirements relating to commercial item
determinations (sec. 873).............................. 1113
Inapplicability of certain laws and regulations to the
acquisition of commercial items and commercially
available off-the-shelf items (sec. 874)............... 1113
Use of commercial or non-Government standards in lieu of
military specifications and standards (sec. 875)....... 1113
Preference for commercial services (sec. 876)............ 1113
Treatment of commingled items purchased by contractors as
commercial items (sec. 877)............................ 1114
Treatment of services provided by nontraditional
contractors as commercial items (sec. 878)............. 1114
Defense pilot program for authority to acquire innovative
commercial items, technologies, and services using
general solicitation competitive procedures (sec. 879). 1114
Pilot programs for authority to acquire innovative
commercial items using general solicitation competitive
procedures (sec. 880).................................. 1115
Subtitle G--Industrial Base Matters.......................... 1115
Greater integration of the national technology industrial
base (sec. 881)........................................ 1115
Integration of civil and military roles in attaining
national technology and industrial base objectives
(sec. 882)............................................. 1115
Pilot program for distribution support and services for
weapon systems contractors (sec. 883).................. 1116
Nontraditional and small contractor innovation
prototyping program (sec. 884)......................... 1116
Subtitle H--Other Matters.................................... 1116
Report on bid protests (sec. 885)........................ 1116
Review and report on indefinite delivery contracts (sec.
886)................................................... 1117
Review and report on contractual flow-down provisions
(sec. 887)............................................. 1117
Requirement and review relating to use of brand names or
brand-name or equivalent descriptions in solicitations
(sec. 888)............................................. 1117
Inclusion of information on common grounds for sustaining
bid protests in annual Government Accountability Office
reports to Congress (sec. 889)......................... 1118
Study and report on contracts awarded to minority-owned
and women-owned businesses (sec. 890).................. 1118
Authority to provide reimbursable auditing services to
certain non-Defense Agencies (sec. 891)................ 1118
Selection of service providers for auditing services and
audit readiness services (sec. 892).................... 1118
Amendments to contractor business system requirements
(sec. 893)............................................. 1118
Improved management practices to reduce cost and improve
performance of certain Department of Defense
organizations (sec. 894)............................... 1119
Exemption from requirement for capital planning and
investment control for information technology equipment
included as integral part of a weapon or weapon system
(sec. 895)............................................. 1119
Modifications to pilot program for streamlining awards
for innovative technology projects (sec. 896).......... 1119
Rapid prototyping funds for the military departments
(sec. 897)............................................. 1120
Establishment of Panel on Department of Defense and
AbilityOne Contracting Oversight, Accountability, and
Integrity; Defense Acquisition University training
(sec. 898)............................................. 1120
Coast Guard major acquisition programs (sec. 899)........ 1120
Enhanced authority to acquire products and services
produced in Africa in support of covered activities
(sec. 899A)............................................ 1121
Legislative Provisions Not Adopted........................... 1122
Revision to authorities relating to Department of Defense
Test Resource Management Center........................ 1122
Repeal of temporary suspension of public-private
competitions for conversion of Department of Defense
functions to performance by contractors................ 1122
Requirement for policies and standard checklist in
procurement of services................................ 1122
Non-traditional contractor definition.................... 1122
Revision to definition of commercial item................ 1122
Government Accountability Office bid protest reforms..... 1123
Penalties for the use of cost-type contracts............. 1123
Nonapplicability of certain executive order to Department
of Defense and National Nuclear Security Administration 1123
Requirement that certain ship components be manufactured
in the national technology and industrial base......... 1123
Use of economy-wide inflation index to calculate
percentage increase in unit costs...................... 1123
Modifications to the justification and approval process
for certain sole-source contracts for small business
concerns............................................... 1124
Briefing on design-build construction process for defense
contracts.............................................. 1124
Assessment of outreach for small business concerns owned
and controlled by women and minorities required before
conversion of certain functions to contractor
performance............................................ 1124
Enhanced use of data analytics to improve acquisition
program outcomes....................................... 1125
Department of Defense exemptions from certain regulations 1126
Use of non-cost type contracts to acquire commercial
items.................................................. 1126
Modified requirements for distribution of assistance
under procurement technical assistance cooperative
agreements............................................. 1127
Working capital fund for precision guided munitions
exports in support of contingency operations........... 1127
Director of Developmental Test and Evaluation............ 1127
Improved transparency and oversight over Department of
Defense research, development, test, and evaluation
efforts and procurement activities related to medical
research............................................... 1129
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT...... 1129
Subtitle A--Office of the Secretary of Defense and Related
Matters.................................................... 1129
Organization of the Office of the Secretary of Defense
(sec. 901)............................................. 1129
Responsibilities and reporting of the Chief Information
Officer of the Department of Defense (sec. 902)........ 1131
Maximum number of personnel in Office of the Secretary of
Defense and other Department of Defense headquarters
offices (sec. 903)..................................... 1132
Repeal of Financial Management Modernization Executive
Committee (sec. 904)................................... 1132
Subtitle B--Organization and Management of the Department of
Defense Generally.......................................... 1133
Organizational Strategy for the Department of Defense
(sec. 911)............................................. 1133
Policy, organization, and management goals and priorities
of the Secretary of Defense for the Department of
Defense (sec. 912)..................................... 1134
Secretary of Defense delivery unit (sec. 913)............ 1134
Performance of civilian functions by military personnel
(sec. 914)............................................. 1134
Repeal of requirements relating to efficiencies plan for
the civilian personnel workforce and service contractor
workforce of the Department of Defense (sec. 915)...... 1135
Subtitle C--Joint Chiefs of Staff and Combatant Command
Matters.................................................... 1135
Joint Chiefs of Staff and related combatant command
matters (sec. 921)..................................... 1135
Organization of the Department of Defense for management
of special operations forces and special operations
(sec. 922)............................................. 1136
Establishment of Unified Combatant Command for Cyber
Operations (sec. 923).................................. 1138
Assigned forces of the combatant commands (sec. 924)..... 1139
Modifications to the requirements process (sec. 925)..... 1139
Assessments of combatant command structure (sec. 926).... 1140
Subtitle D--Organization and Management of Other Department
of Defense Offices and Elements............................ 1141
Qualifications for appointment of the Secretaries of the
military departments (sec. 931)........................ 1141
Enhanced personnel management authorities for the Chief
of the National Guard Bureau (sec. 932)................ 1141
Reorganization and redesignation of Office of Family
Policy and Office of Community Support for Military
Families with Special Needs (sec. 933)................. 1141
Redesignation of Assistant Secretary of the Air Force for
Acquisition as Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics (sec. 934)...... 1141
Subtitle E--Strategies, Reports, and Related Matters......... 1142
National Defense Strategy (sec. 941)..................... 1142
Commission on the National Defense Strategy for the
United States (sec. 942)............................... 1142
Reform of the national military strategy (sec. 943)...... 1142
Form of annual national security strategy report (sec.
944)................................................... 1142
Modification to independent study of national security
strategy formulation process (sec. 945)................ 1143
Subtitle F--Other Matters.................................... 1143
Enhanced security programs for Department of Defense
personnel and innovation initiatives (sec. 951)........ 1143
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. 952).............................. 1143
Modifications to requirements for accounting for members
of the Armed Forces and Department of Defense civilian
employees listed as missing (sec. 953)................. 1144
Modifications to corrosion report (sec. 954)............. 1144
Legislative Provisions Not Adopted........................... 1144
Sense of Congress on Goldwater-Nichols Reform............ 1144
Authority to employ civilian faculty members at Joint
Special Operations University.......................... 1144
Public release by inspectors general of reports of
misconduct............................................. 1144
Redesignation of the Department of the Navy as the
Department of the Navy and Marine Corps................ 1145
TITLE X--GENERAL PROVISIONS...................................... 1145
Subtitle A--Financial Matters................................ 1145
General transfer authority (sec. 1001)................... 1145
Report on auditable financial statements (sec. 1002)..... 1145
Increased use of commercial data integration and analysis
products for the purpose of preparing financial
statement audits (sec. 1003)........................... 1146
Sense of Congress on sequestration (sec. 1004)........... 1146
Requirement to transfer funds from Department of Defense
Acquisition Workforce Development Fund to the Treasury
(sec. 1005)............................................ 1146
Subtitle B--Counter-Drug Activities.......................... 1146
Codification and modification of authority to provide
support for counter-drug activities and activities to
counter transnational organized crime of civilian law
enforcement agencies (sec. 1011)....................... 1146
Secretary of Defense review of curricula and program
structures of National Guard counterdrug schools (sec.
1012).................................................. 1147
Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia (sec. 1013)...... 1147
Enhancement of information sharing and coordination of
military training between Department of Homeland
Security and Department of Defense (sec. 1014)......... 1148
Subtitle C--Naval Vessels and Shipyards...................... 1148
Definition of short-term work with respect to overhaul,
repair, or maintenance of naval vessels (sec. 1021).... 1148
Warranty requirements for shipbuilding contracts (sec.
1022).................................................. 1148
National Sea-Based Deterrence Fund (sec. 1023)........... 1149
Availability of funds for retirement or inactivation of
Ticonderoga-class cruisers or dock landing ships (sec.
1024).................................................. 1149
Subtitle D--Counterterrorism................................. 1150
Frequency of counterterrorism operations briefings (sec.
1031).................................................. 1150
Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba to the United States (sec. 1032).. 1150
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. 1033)....................... 1150
Prohibition on use of funds for transfer or release to
certain countries of individuals detained at United
States Naval Station, Guantanamo Bay, Cuba (sec. 1034). 1151
Prohibition on use of funds for realignment of forces at
or closure of United States Naval Station, Guantanamo
Bay, Cuba (sec. 1035).................................. 1151
Subtitle E--Miscellaneous Authorities and Limitations........ 1151
Expanded authority for transportation by the Department
of Defense of non-Department of Defense personnel and
cargo (sec. 1041)...................................... 1151
Reduction in minimum number of Navy carrier air wings and
carrier air wing headquarters required to be maintained
(sec. 1042)............................................ 1151
Modification to support for non-Federal development and
testing of material for chemical agent defense (sec.
1043).................................................. 1152
Protection of certain Federal spectrum operations (sec.
1044).................................................. 1152
Prohibition on use of funds for retirement of legacy
maritime mine countermeasures platforms (sec. 1045).... 1152
Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance (sec. 1046)....... 1152
Evaluation of Navy alternate combination cover and unisex
combination cover (sec. 1047).......................... 1153
Independent evaluation of Department of Defense excess
property program (sec. 1048)........................... 1153
Waiver of certain polygraph examination requirements
(sec. 1049)............................................ 1154
Use of transportation worker identification credential to
gain access at Department of Defense installations
(sec. 1050)............................................ 1154
Limitation on availability of funds for destruction of
certain landmines and briefing on development of
replacement anti-personnel landmine munitions (sec.
1051).................................................. 1154
Transition of Air Force to operation of remotely piloted
aircraft by enlisted personnel (sec. 1052)............. 1155
Prohibition on divestment of Marine Corps Search and
Rescue Units (sec. 1053)............................... 1155
Support for the Associate Director of Central
Intelligence for Military Affairs (sec. 1054).......... 1155
Notification on the provision of defense sensitive
support (sec. 1055).................................... 1155
Prohibition on enforcement of military commission rulings
preventing members of the Armed Forces from carrying
out otherwise lawful duties based on member sex (sec.
1056).................................................. 1156
Congressional notification requirements for sensitive
military operations (sec. 1057)........................ 1156
Subtitle F--Studies and Reports.............................. 1156
Temporary continuation of certain Department of Defense
reporting requirements (sec. 1061)..................... 1156
Reports on programs managed under alternative
compensatory control measures in the Department of
Defense (sec. 1062).................................... 1156
Matters for inclusion in report on designation of
countries for which rewards may be paid under
Department of Defense rewards program (sec. 1063)...... 1157
Annual reports on unfunded priorities of the Armed Forces
and the combatant commands and annual report on
combatant command requirements (sec. 1064)............. 1157
Management and reviews of electromagnetic spectrum (sec.
1065).................................................. 1157
Requirement for notice and reporting to Committees on
Armed Services of certain expenditures of funds by
Defense Intelligence Agency (sec. 1066)................ 1158
Congressional notification of biological select agent and
toxin theft, loss, or release involving the Department
of Defense (sec. 1067)................................. 1158
Report on service-provided support and enabling
capabilities to United States special operations forces
(sec. 1068)............................................ 1158
Report on citizen security responsibilities in the
Northern Triangle of Central America (sec. 1069)....... 1158
Report on counterproliferation activities and programs
(sec. 1070)............................................ 1159
Report on testing and integration of minehunting sonar
systems to improve Littoral Combat Ship minehunting
capabilities (sec. 1071)............................... 1159
Quarterly reports on parachute jumps conducted at Fort
Bragg and Pope Army Airfield and Air Force support for
such jumps (sec. 1072)................................. 1159
Study on military helicopter noise (sec. 1073)........... 1159
Independent review of United States military strategy and
force posture in the United States Pacific Command area
of responsibility (sec. 1074).......................... 1159
Assessment of the joint ground forces of the Armed Forces
(sec. 1075)............................................ 1160
Subtitle G--Other Matters.................................... 1160
Technical and clerical amendments (sec. 1081)............ 1160
Increase in maximum amount available for equipment,
services, and supplies provided for humanitarian
demining assistance (sec. 1082)........................ 1160
Liquidation of unpaid credits accrued as a result of
transactions under a cross-servicing agreement (sec.
1083).................................................. 1161
Modification of requirements relating to management of
military technicians (sec. 1084)....................... 1161
Streamlining of the National Security Council (sec. 1085) 1161
National biodefense strategy (sec. 1086)................. 1161
Global Cultural Knowledge Network (sec. 1087)............ 1162
Sense of Congress regarding Connecticut's Submarine
Century (sec. 1088).................................... 1162
Sense of Congress regarding the reporting of the MV-22
mishap in Marana, Arizona, on April 8, 2000 (sec. 1089) 1162
Cost of wars (sec. 1090)................................. 1162
Reconnaissance Strike Group matters (sec. 1091).......... 1162
Border security metrics (sec. 1092)...................... 1163
Program to commemorate the 100th anniversary of the Tomb
of the Unknown Soldier (sec. 1093)..................... 1163
Sense of Congress regarding the OCONUS basing of the KC-
46A aircraft (sec. 1094)............................... 1163
Designation of a Department of Defense Strategic Arctic
Port (sec. 1095)....................................... 1163
Recovery of Excess Rifles, Ammunition, and Parts Granted
to Foreign Countries and Transfer to Certain Persons
(sec. 1096)............................................ 1164
Legislative Provisions Not Adopted........................... 1164
Delegation to Chairman of Joint Chiefs of Staff of
authority to direct transfer of forces................. 1164
Management of Defense clandestine human intelligence
collection............................................. 1164
Extension of authority to provide additional support for
counter-drug activities of foreign governments......... 1164
Funding for counter narcotics operations................. 1165
Report on efforts of United States Southern Command to
detect and monitor drug trafficking.................... 1165
Prohibition on reprogramming requests for funds for
transfer or release, or construction for transfer or
release, of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba.......................... 1165
Designing and planning related to construction of certain
facilities in the United States........................ 1166
Authority to transfer individuals detained at United
States Naval Station, Guantanamo Bay, Cuba, to the
United States temporarily for emergency or critical
medical treatment...................................... 1166
Authority for Article III judges to take certain actions
relating to individuals detained at United States Naval
Station, Guantanamo Bay, Cuba.......................... 1166
Requirement for Memorandum of Understanding Regarding
Transfer of Detainees.................................. 1166
Limitation on transfer of detainees at United States
Naval Station, Guantanamo Bay, Cuba, pending a report
on their terrorist actions and affiliations............ 1166
Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to countries covered by
Department of State travel warnings.................... 1167
Restrictions on the overhaul and repair of vessels in
foreign shipyards...................................... 1167
Restrictions on use of rocket engines from the Russian
Federation for space launch of national security
satellites............................................. 1167
Limitations on use of rocket engines from the Russian
Federation to achieve assured access to space.......... 1167
Transportation on military aircraft on a space-available
basis for members and former members of the Armed
Forces with disabilities rated as total................ 1167
National Guard flyovers of public events................. 1168
Application of Freedom of Information Act to the National
Security Council....................................... 1168
Exemption of information on military tactics, techniques,
and procedures from release under Freedom of
Information Act........................................ 1168
Annual report on personnel, training, and equipment
requirements for the non-federalized National Guard to
support civilian authorities in prevention and response
to domestic disasters.................................. 1169
Briefing on criteria for determining locations of Air
Force Installation and Mission Support Center
headquarters........................................... 1169
Briefing on real property inventory...................... 1169
Report on adjustment and diversification assistance...... 1169
Briefing on the protection of personally identifying
information of members of the Armed Forces............. 1170
Report on priorities for bed downs, basing criteria, and
special mission units for C-130J aircraft of the Air
Force.................................................. 1171
Clarification of contracts covered by airlift service
provision.............................................. 1171
LNG permitting certainty and transparency................ 1171
Transfer of surplus firearms to Corporation for the
Promotion of Rifle Practice and Firearms Safety........ 1171
Sense of Congress regarding the importance of Panama
City, Florida, to the history and future of the Armed
Forces................................................. 1172
Protection against misuse of Naval Special Warfare
Command insignia....................................... 1172
Protections relating to civil rights and disabilities.... 1172
Determination and disclosure of transportation costs
incurred by Secretary of Defense for congressional
trips outside the United States........................ 1172
Sense of Congress regarding American veterans disabled
for life............................................... 1173
Maritime Occupational Safety and Health Advisory
Committee.............................................. 1173
Sense of Congress regarding United States Northern
Command Preparedness................................... 1173
Workforce issues for relocation of marines to Guam....... 1173
Review of Department of Defense debt collection
regulations............................................ 1174
Importance of role played by women in World War II....... 1174
Prohibition on modification, abrogation, or other related
actions with respect to United States jurisdiction and
control over United States Naval Station, Guantanamo
Bay, Cuba, without congressional action................ 1174
Pilot's Bill of Rights 2................................. 1175
Comprehensive strategy for detention of certain
individuals............................................ 1175
Declassification of information on past terrorist
activities of detainees transferred from United States
Naval Station, Guantanamo Bay, Cuba.................... 1175
TITLE XI--CIVILIAN PERSONNEL MATTERS............................. 1175
Subtitle A--Department of Defense Matters Generally.......... 1175
Civilian personnel management (sec. 1101)................ 1175
Repeal of requirement for annual strategic workforce plan
for the Department of Defense (sec. 1102).............. 1176
Training for employment personnel of Department of
Defense on matters relating to authorities for
recruitment and retention at United States Cyber
Command (sec. 1103).................................... 1176
Public-private talent exchange (sec. 1104)............... 1176
Temporary and term appointments in the competitive
service in the Department of Defense (sec. 1105)....... 1177
Direct-hire authority for the Department of Defense for
post-secondary students and recent graduates (sec.
1106).................................................. 1177
Temporary increase in maximum amount of voluntary
separation incentive pay authorized for civilian
employees of the Department of Defense (sec. 1107)..... 1177
Extension of the 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. 1108).................. 1178
Limitation on number of DOD SES positions (sec. 1109).... 1178
Direct hire authority for financial management experts
into the Department of Defense workforce (sec. 1110)... 1178
Repeal of certain basis for appointment of a retired
member of the Armed Forces to Department of Defense
position within 180 days of retirement (sec. 1111)..... 1179
Subtitle B--Department of Defense Science and Technology
Laboratories and Related Matters........................... 1179
Permanent personnel management authority for the
Department of Defense for experts in science and
engineering (sec. 1121)................................ 1179
Codification and modification of certain authorities for
certain positions at Department of Defense research and
engineering laboratories (sec. 1122)................... 1179
Modification to information technology personnel exchange
program (sec. 1123).................................... 1179
Pilot program on enhanced pay authority for certain
research and technology positions in the science and
technology reinvention laboratories of the Department
of Defense (sec. 1124)................................. 1180
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 Evaluation (sec. 1125)............ 1180
Subtitle C--Government-Wide Matters.......................... 1180
Elimination of two-year eligibility limitation for
noncompetitive appointment of spouses of members of the
Armed Forces (sec. 1131)............................... 1180
Temporary personnel flexibilities for domestic defense
industrial base facilities and Major Range and Test
Facilities Base civilian personnel (sec. 1132)......... 1181
One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone (sec. 1133) 1181
Advance payments for employees relocating within the
United States and its territories (sec. 1134).......... 1181
Eligibility of employees in a time-limited appointment to
compete for a permanent appointment at any Federal
agency (sec. 1135)..................................... 1181
Review of official personnel file of former Federal
employee before rehiring (sec. 1136)................... 1181
One-year extension of authority to waive annual
limitation on premium pay and aggregate limitation on
pay for Federal civilian employees working overseas
(sec. 1137)............................................ 1182
Administrative leave (sec. 1138)......................... 1182
Direct hiring for Federal wage schedule employees (sec.
1139).................................................. 1182
Record of investigation of personnel action in separated
employee's official personnel file (sec. 1140)......... 1183
Legislative Provisions Not Adopted........................... 1183
Treatment of certain localities for calculation of per
diem allowances........................................ 1183
Pilot programs on career sabbaticals for Department of
Defense civilian employees............................. 1183
Report on Department of Defense civilian workforce
personnel and contractors.............................. 1183
Appointment authority for uniquely qualified prevailing
rate employees......................................... 1183
Limitation on preference eligible hiring preferences for
permanent employees in the competitive service......... 1183
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS................... 1184
Subtitle A--Assistance and Training.......................... 1184
One-year extension of logistical support for coalition
forces supporting certain United States military
operations (sec. 1201)................................. 1184
Special Defense Acquisition Fund matters (sec. 1202)..... 1185
Codification of authority for support of special
operations to combat terrorism (sec. 1203)............. 1185
Independent evaluation of Strategic Framework for
Department of Defense security cooperation (sec. 1204). 1186
Sense of Congress regarding an assessment, monitoring,
and evaluation framework for security cooperation (sec.
1205).................................................. 1186
Subtitle B--Matters Relating to Afghanistan and Pakistan..... 1186
Extension and modification of Commanders' Emergency
Response Program (sec. 1211)........................... 1186
Extension of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan (sec. 1212)................................ 1187
Extension and modification of authority to transfer
defense articles and provide defense services to the
military and security forces of Afghanistan (sec. 1213) 1187
Special immigrant status for certain Afghans (sec. 1214). 1187
Modification to semiannual report on enhancing security
and stability in Afghanistan (sec. 1215)............... 1187
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 (sec. 1216)....................... 1188
Improvement of oversight of United States Government
efforts in Afghanistan (sec. 1217)..................... 1188
Extension and modification of authority for reimbursement
of certain coalition nations for support provided to
United States military operations (sec. 1218).......... 1188
Subtitle C--Matters Relating to Syria, Iraq, and Iran........ 1190
Modification and extension of authority to provide
assistance to the vetted Syrian opposition (sec. 1221). 1190
Modification and extension of authority to provide
assistance to counter the Islamic State of Iraq and the
Levant (sec. 1222)..................................... 1190
Extension and modification of authority to support
operations and activities of the Office of Security
Cooperation in Iraq (sec. 1223)........................ 1191
Limitation on provision of man-portable air defense
systems to the vetted Syrian opposition during fiscal
year 2017 (sec. 1224).................................. 1191
Modification of annual report on military power of Iran
(sec. 1225)............................................ 1191
Quarterly report on confirmed ballistic missile launches
from Iran (sec. 1226).................................. 1192
Subtitle D--Matters Relating to the Russian Federation....... 1192
Military response options to Russian Federation violation
of INF Treaty (sec. 1231).............................. 1192
Limitation on military cooperation between the United
States and the Russian Federation (sec. 1232).......... 1193
Extension and modification of authority on training for
Eastern European national military forces in the course
of multilateral exercises (sec. 1233).................. 1193
Prohibition on availability of funds relating to
sovereignty of the Russian Federation over Crimea (sec.
1234).................................................. 1194
Annual report on military and security developments
involving the Russian Federation (sec. 1235)........... 1194
Limitation on use of funds to vote to approve or
otherwise adopt any implementing decision of the Open
Skies Consultative Commission and related requirements
(sec. 1236)............................................ 1194
Extension and enhancement of Ukraine Security Assistance
Initiative (sec. 1237)................................. 1195
Subtitle E--Reform of Department of Defense Security
Cooperation................................................ 1196
Enactment of new chapter for defense security cooperation
(sec. 1241)............................................ 1196
Military-to-military exchanges (sec. 1242)............... 1200
Consolidation and revision of authorities for payment of
personnel expenses necessary for theater security
cooperation (sec. 1243)................................ 1200
Transfer and revision of certain authorities on payment
of expenses of training and exercises with friendly
foreign forces (sec. 1244)............................. 1200
Transfer and revision of authority to provide operational
support to forces of friendly foreign countries (sec.
1245).................................................. 1201
Department of Defense State Partnership Program (sec.
1246).................................................. 1201
Transfer of authority on regional defense combating
terrorism fellowship program (sec. 1247)............... 1201
Consolidation of authorities for service academy
international engagement (sec. 1248)................... 1202
Consolidated annual budget for security cooperation
programs and activities of the Department of Defense
(sec. 1249)............................................ 1202
Department of Defense security cooperation workforce
development (sec. 1250)................................ 1202
Reporting requirements (sec. 1251)....................... 1204
Quadrennial Review of Security Sector Assistance Program
and Authorities of the United States Government (sec.
1252).................................................. 1204
Other conforming amendments and authority for
administration (sec. 1253)............................. 1204
Subtitle F--Human Rights Sanctions........................... 1204
Global Magnitsky Human Rights Accountability Act (secs.
1261-1265)............................................. 1204
Subtitle G--Miscellaneous Reports............................ 1205
Modification of annual report on military and security
developments involving the People's Republic of China
(sec. 1271)............................................ 1205
Monitoring and evaluation of overseas humanitarian,
disaster, and civic aid programs of the Department of
Defense (sec. 1272).................................... 1205
Strategy for United States defense interests in Africa
(sec. 1273)............................................ 1205
Report on the potential for cooperation between the
United States and Israel on directed energy
capabilities (sec. 1274)............................... 1205
Annual update of Department of Defense Freedom of
Navigation Report (sec. 1275).......................... 1206
Reports on INF Treaty and Open Skies Treaty (sec. 1276).. 1206
Assessment of proliferation of certain remotely piloted
aircraft systems (sec. 1277)........................... 1206
Subtitle H--Other Matters.................................... 1207
Enhancement of interagency support during contingency
operations and transition periods (sec. 1281).......... 1207
Two-year extension and modification of authorization of
non-conventional assisted recovery capabilities (sec.
1282).................................................. 1207
Authority to destroy certain specified World War II-era
United States-origin chemical munitions located on San
Jose Island, Republic of Panama (sec. 1283)............ 1207
Sense of Congress on military exchanges between the
United States and Taiwan (sec. 1284)................... 1208
Limitation on availability of funds to implement the Arms
Trade Treaty (sec. 1285)............................... 1208
Prohibition on use of funds to invite, assist, or
otherwise assure the participation of Cuba in certain
joint or multilateral exercises (sec. 1286)............ 1208
Global Engagement Center (sec. 1287)..................... 1209
Modification of United States International Broadcasting
Act of 1994 (sec. 1288)................................ 1209
Redesignation of South China Sea Initiative (sec. 1289).. 1210
Measures against persons involved in activities that
violate arms control treaties or agreements with the
United States (sec. 1290).............................. 1210
Agreements with foreign governments to develop land-based
water resources in support of and in preparation for
contingency operations (sec. 1291)..................... 1211
Enhancing defense and security cooperation with India
(sec. 1292)............................................ 1211
Coordination of efforts to develop free trade agreements
with sub-Saharan African countries (sec. 1293)......... 1212
Extension and expansion of authority to support border
security operations of certain foreign countries (sec.
1294).................................................. 1212
Modification and clarification of United States-Israel
anti-tunnel cooperation authority (sec. 1295).......... 1212
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 Commerce Control List (sec. 1296)...... 1213
International sales process improvements (sec. 1297)..... 1213
Efforts to end modern slavery (sec. 1298)................ 1213
Legislative Provisions Not Adopted........................... 1213
Modification and extension of authority to conduct
activities to enhance the capability of foreign
countries to respond to incidents involving weapons of
mass destruction....................................... 1213
Report on the prohibition on use of funds for assistance
to units of foreign security forces that have committed
a gross violation of human rights...................... 1214
Sense of Congress on United States policy and strategy in
Afghanistan............................................ 1214
Sense of Congress relating to Dr. Shakil Afridi.......... 1215
Report on access to financial records of the Government
of Afghanistan to audit the use of funds for assistance
for Afghanistan........................................ 1215
Report on prevention of future terrorist organizations in
Iraq and Syria......................................... 1215
Semiannual report on integration of political and
military strategies against ISIL....................... 1216
Sense of Congress condemning continuing attacks on
medical facilities in Syria............................ 1217
Sense of Congress on business practices of the Islamic
State of Iraq and Syria................................ 1217
Statement of policy on United States efforts in Europe to
reassure United States partners and allies and deter
aggression by the Government of the Russian Federation. 1217
European investment in security and stability............ 1218
Sense of Senate on European Deterrence Initiative........ 1219
Modification and extension of report on military
assistance to Ukraine.................................. 1219
Sense of Congress on malign activities of the Government
of Iran................................................ 1219
Inclusion of the Philippines among allied countries with
whom United States may enter into cooperative military
airlift agreements..................................... 1220
Sense of Congress on trilateral cooperation between
Japan, South Korea, and the United States.............. 1220
Sense of Congress on cooperation between Singapore and
the United States...................................... 1220
United States policy on Taiwan........................... 1220
Sense of Congress on military relations between Vietnam
and the United States.................................. 1221
Annual report on foreign military sales to Taiwan........ 1221
Sense of Congress in support of a denuclearized Korean
peninsula.............................................. 1222
Authority to grant observer status to the military forces
of Taiwan at RIMPAC exercises.......................... 1222
Sense of Congress on commitment to the Republic of Palau. 1222
Sense of Congress on support for Estonia, Latvia, and
Lithuania.............................................. 1222
Sense of Congress on security sector assistance.......... 1223
Sense of Congress on support for Georgia................. 1223
Sense of Congress regarding on July 2016 NATO Summit in
Warsaw, Poland......................................... 1223
Report on violence and cartel activity in Mexico......... 1223
Opportunities to equip certain foreign military entities. 1223
Sense of Congress regarding the role of the United States
in the North Atlantic Treaty Organization.............. 1224
Authorization of United States assistance to Israel...... 1224
Department of Defense report on cooperation between Iran
and the Russian Federation............................. 1224
Report on maintenance by Israel of a robust independent
capability to remove existential security threats...... 1225
Report on use by the Government of Iran of commercial
aircraft and related services for illicit military or
other activities....................................... 1225
Extension of reporting requirements on the use of certain
Iranian seaports by foreign vessels and use of foreign
airports by sanctioned Iranian air carriers............ 1225
Sense of Congress on integrated ballistic missile defense
system for GCC partner countries, Jordan, Egypt and
Israel................................................. 1225
Authority to provide assistance and training to increase
maritime security and domain awareness of foreign
countries bordering the Persian Gulf, Arabian Sea, or
Mediterranean Sea...................................... 1226
Report on efforts to combat Boko Haram in Nigeria and the
Lake Chad Basin........................................ 1226
Security Cooperation Enhancement Fund.................... 1227
Coordination between Department of Defense and Department
of State on certain security cooperation and security
assistance programs and activities..................... 1227
United Nations processing center in Erbil, Iraqi
Kurdistan, to assist internationally-displaced
communities............................................ 1227
TITLE XIII--COOPERATIVE THREAT REDUCTION......................... 1227
Specification of Cooperative Threat Reduction funds (sec.
1301).................................................. 1227
Funding allocations (sec. 1302).......................... 1227
Limitation on availability of funds for Cooperative
Threat Reduction in People's Republic of China (sec.
1303).................................................. 1228
TITLE XIV--OTHER AUTHORIZATIONS.................................. 1228
Subtitle A--Military Programs................................ 1228
Working Capital Funds (sec. 1401)........................ 1228
Chemical Agents and Munitions Destruction, Defense (sec.
1402).................................................. 1228
Drug Interdiction and Counter-Drug Activities, Defense-
Wide (sec. 1403)....................................... 1229
Defense Inspector General (sec. 1404).................... 1229
Defense Health Program (sec. 1405)....................... 1229
Subtitle B--National Defense Stockpile....................... 1229
Authority to dispose of certain materials from and to
acquire additional materials for the National Defense
Stockpile (sec. 1411).................................. 1229
National Defense Stockpile matters (sec. 1412)........... 1229
Subtitle C--Chemical Demilitarization Matters................ 1230
National Academies of Sciences study on conventional
munitions demilitarization alternative technologies
(sec. 1421)............................................ 1230
Subtitle D--Other Matters.................................... 1230
Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health
Care Center, Illinois (sec. 1431)...................... 1230
Authorization of appropriations for Armed Forces
Retirement Home (sec. 1432)............................ 1230
Legislative Provisions Not Adopted........................... 1231
National Defense Sealift Fund............................ 1231
National Sea-Based Deterrence Fund....................... 1231
Security Cooperation Enhancement Fund.................... 1231
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS......................................... 1231
Subtitle A--Authorization of Appropriations.................. 1231
Purpose and treatment of certain authorizations of
appropriations (sec. 1501)............................. 1231
Procurement (sec. 1502).................................. 1231
Research, development, test, and evaluation (sec. 1503).. 1232
Operation and maintenance (sec. 1504).................... 1232
Military personnel (sec. 1505)........................... 1232
Working capital funds (sec. 1506)........................ 1232
Drug Interdiction and Counter-Drug Activities, Defense-
wide (sec. 1507)....................................... 1232
Defense Inspector General (sec. 1508).................... 1233
Defense Health program (sec. 1509)....................... 1233
Subtitle B--Financial Matters................................ 1233
Treatment as additional authorizations (sec. 1511)....... 1233
Special transfer authority (sec. 1512)................... 1233
Subtitle C--Limitations, Reports, and Other Matters.......... 1234
Afghanistan Security Forces Fund (sec. 1521)............. 1234
Joint Improvised Explosive Device Defeat Fund (sec. 1522) 1234
Extension of authority to use Joint Improvised Explosive
Device Defeat Fund for training of foreign security
forces to defeat improvised explosive devices (sec.
1523).................................................. 1235
Overseas contingency operations (sec. 1524).............. 1236
Extension and modification of authorities on
Counterterrorism Partnerships Fund (sec. 1525)......... 1236
Legislative Provisions Not Adopted........................... 1236
Counterterrorism Partnerships Fund....................... 1236
Security Cooperation Enhancement Fund.................... 1236
Codification of Office of Management and Budget criteria. 1236
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS... 1237
Subtitle A--Space Activities................................. 1237
Repeal of provision permitting the use of rocket engines
from the Russian Federation for the evolved expendable
launch vehicle program (sec. 1601)..................... 1237
Exception to the prohibition on contracting with Russian
suppliers of rocket engines for the evolved expendable
launch vehicle program (sec. 1602)..................... 1237
Rocket propulsion system to replace RD-180 (sec. 1603)... 1237
Plan for use of allied launch vehicles (sec. 1604)....... 1238
Analysis of alternatives for wide-band communications
(sec. 1605)............................................ 1238
Modification to pilot program for acquisition of
commercial satellite communications services (sec.
1606).................................................. 1239
Space-based environmental monitoring (sec. 1607)......... 1239
Prohibition on use of certain non-allied positioning,
navigation, and timing systems (sec. 1608)............. 1239
Limitation of availability of funds for the Joint Space
Operations Center Mission System (sec. 1609)........... 1240
Limitation on availability of funds for the Global
Positioning System Next Generation Operational Control
System (sec. 1610)..................................... 1240
Availability of funds for certain secure voice
conferencing capabilities (sec. 1611).................. 1241
Space-based infrared system and advanced extremely high
frequency program (sec. 1612).......................... 1241
Pilot program on commercial weather data (sec. 1613)..... 1241
Plans on transfer of acquisition and funding authority of
certain weather missions to National Reconnaissance
Office (sec. 1614)..................................... 1242
Five-year plan for Joint Interagency Combined Space
Operations Center (sec. 1615).......................... 1242
Organization and management of national security space
activities of the Department of Defense (sec. 1616).... 1242
Review of charter of Operationally Responsive Space
Program Office (sec. 1617)............................. 1243
Backup and complementary positioning, navigation, and
timing capabilities of Global Positioning System (sec.
1618).................................................. 1243
Report on use of spacecraft assets of the space-based
infrared system wide-field-of-view program (sec. 1619). 1243
Provision of certain information to Government
Accountability Office by National Reconnaissance Office
(sec. 1620)............................................ 1244
Cost-benefit analysis of commercial use of excess
ballistic missile solid rocket motors (sec. 1621)...... 1244
Independent assessment of Global Positioning System Next
Generation Operational Control System (sec. 1622)...... 1244
Subtitle B--Defense Intelligence and Intelligence-Related
Activities................................................. 1245
Report on United States Central Command Intelligence
Fusion Center (sec. 1631).............................. 1245
Prohibition on availability of funds for certain
relocation activities for NATO Intelligence Fusion Cell
(sec. 1632)............................................ 1245
Survey and review of Defense Intelligence Enterprise
(sec. 1633)............................................ 1246
Subtitle C--Cyberspace-Related Matters....................... 1246
Special emergency procurement authority to facilitate the
defense against or recovery from a cyber attack (sec.
1641).................................................. 1246
Limitation on termination of dual-hat arrangement for
Command of the United States Cyber Command (sec. 1642). 1246
Cyber mission forces matters (sec. 1643)................. 1246
Requirement to enter into agreements relating to use of
cyber opposition forces (sec. 1644).................... 1247
Cyber protection support for Department of Defense
personnel in positions highly vulnerable to cyber
attack (sec. 1645)..................................... 1247
Limitation on full deployment of joint regional security
stacks (sec. 1646)..................................... 1247
Advisory committee on industrial security and industrial
base policy (sec. 1647)................................ 1248
Change in name of National Defense University's
Information Resources Management College to College of
Information and Cyberspace (sec. 1648)................. 1248
Evaluation of cyber vulnerabilities of F-35 aircraft and
support systems (sec. 1649)............................ 1248
Evaluation of cyber vulnerabilities of Department of
Defense critical infrastructure (sec. 1650)............ 1249
Strategy to incorporate Army reserve component cyber
protection teams into Department of Defense cyber
mission force (sec. 1651).............................. 1249
Strategic plan for the Defense Information Systems Agency
(sec. 1652)............................................ 1249
Plan for information security continuous monitoring
capability and comply-to-connect policy; limitation on
software licensing (sec. 1653)......................... 1250
Reports on deterrence of adversaries in cyberspace (sec.
1654).................................................. 1251
Sense of Congress on cyber resiliency of the networks and
communications systems of the National Guard (sec.
1655).................................................. 1252
Subtitle D--Nuclear Forces................................... 1252
Improvements to Council on Oversight of National
Leadership Command, Control, and Communications System
(sec. 1661)............................................ 1252
Treatment of certain sensitive information by State and
local governments (sec. 1662).......................... 1253
Procurement authority for certain parts of
intercontinental ballistic missile fuzes (sec. 1663)... 1253
Prohibition on availability of funds for mobile variant
of ground-based strategic deterrent missile (sec. 1664) 1253
Limitation on availability of funds for extension of New
START Treaty (sec. 1665)............................... 1253
Certifications regarding integrated tactical warning and
attack assessment mission of the Air Force (sec. 1666). 1253
Matters relating to intercontinental ballistic missiles
(sec. 1667)............................................ 1254
Requests for forces to meet security requirements for
land-based nuclear forces (sec. 1668).................. 1254
Report on Russian and Chinese political and military
leadership survivability, command and control, and
continuity of government programs and activities (sec.
1669).................................................. 1255
Review by the Comptroller General of the United States of
recommendations relating to nuclear enterprise of
Department of Defense (sec. 1670)...................... 1255
Sense of Congress on nuclear deterrence (sec. 1671)...... 1255
Sense of Congress on importance of independent nuclear
deterrent of United Kingdom (sec. 1672)................ 1255
Subtitle E--Missile Defense Programs......................... 1256
National missile defense policy (sec. 1681).............. 1256
Extensions of prohibitions relating to missile defense
information and systems (sec. 1682).................... 1256
Non-terrestrial missile defense intercept and defeat
capability for the ballistic missile defense system
(sec. 1683)............................................ 1256
Review of the missile defeat policy and strategy of the
United States (sec. 1684).............................. 1257
Maximizing Aegis Ashore capability and developing medium
range discrimination radar (sec. 1685)................. 1258
Technical authority for integrated air and missile
defense activities and programs (sec. 1686)............ 1258
Hypersonic defense capability development (sec. 1687).... 1258
Conventional Prompt Global Strike weapons system (sec.
1688).................................................. 1259
Required testing by Missile Defense Agency of ground-
based midcourse defense element of ballistic missile
defense system (sec. 1689)............................. 1259
Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program codevelopment and
coproduction (sec. 1690)............................... 1259
Limitations on availability of funds for lower-tier air
and missile defense capability of the Army (sec. 1691). 1260
Pilot program on loss of unclassified, controlled
technical information (sec. 1692)...................... 1261
Plan for procurement of medium-range discrimination radar
to improve homeland missile defense (sec. 1693)........ 1261
Review of Missile Defense Agency budget submissions for
ground-based midcourse defense and evaluation of
alternative ground-based interceptor deployments (sec.
1694).................................................. 1261
Semiannual notifications on missile defense tests and
costs (sec. 1695)...................................... 1262
Reports on unfunded priorities of the Missile Defense
Agency (sec. 1696)..................................... 1262
Subtitle F--Other Matters.................................... 1262
Protection of certain facilities and assets from unmanned
aircraft (sec. 1697)................................... 1262
Harmful interference to Department of Defense Global
Positioning System (sec. 1698)......................... 1263
Legislative Provisions Not Adopted........................... 1263
Availability of certain amounts to meet requirements in
connection with United States policy on assured access
to space............................................... 1263
Department of Defense-wide requirements for security
clearances for military intelligence officers.......... 1263
Limitation on availability of funds for intelligence
management............................................. 1264
Sense of Congress on initial operating capability of
phase 2 of European Phased Adaptive Approach to missile
defense................................................ 1264
Pilot program on application of consequence-driven,
cyber-informed engineering to mitigate against cyber-
security threats....................................... 1265
TITLE XVII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT............ 1265
Guam World War II Loyalty Recognition Act (secs. 1701-
1707).................................................. 1265
TITLE XVIII--MATTERS RELATING TO SMALL BUSINESS PROCUREMENT...... 1266
Subtitle A--Improving Transparency and Clarity for Small
Businesses................................................. 1266
Plain language rewrite of requirements for small business
procurements (sec. 1801)............................... 1266
Transparency in small business goals (sec. 1802)......... 1266
Subtitle B--Clarifying the Roles of Small Business Advocates. 1266
Scope of review by procurement center representatives
(sec. 1811)............................................ 1266
Duties of the Office of Small and Disadvantaged Business
Utilization (sec. 1812)................................ 1267
Improving contractor compliance (sec. 1813).............. 1267
Improving education on small business regulations (sec.
1814).................................................. 1267
Subtitle C--Strengthening Opportunities for Competition in
Subcontracting............................................. 1267
Good faith in subcontracting (sec. 1821)................. 1267
Pilot program to provide opportunities for qualified
subcontractors to obtain past performance ratings (sec.
1822).................................................. 1268
Amendments to the Mentor-Protege Program of the
Department of Defense (sec. 1823)...................... 1268
Subtitle D--Miscellaneous Provisions......................... 1268
Improvements to size standards for small agricultural
producers (sec. 1831).................................. 1268
Uniformity in service-disabled veteran definitions (sec.
1832).................................................. 1269
Office of Hearings and Appeals (sec. 1833)............... 1269
Extension of SBIR and STTR programs (sec. 1834).......... 1269
Issuance of guidance on small business matters (sec.
1835).................................................. 1269
Subtitle E--Improving Cyber Preparedness for Small Businesses 1270
Small Business Development Center Cyber Strategy and
outreach (sec. 1841)................................... 1270
Role of small business development centers in
cybersecurity and preparedness (sec. 1842)............. 1270
Additional cybersecurity assistance for small business
development centers (sec. 1843)........................ 1270
Prohibition on additional funds (sec. 1844).............. 1270
Legislative Provisions Not Adopted........................... 1270
Improving reporting on small business goals.............. 1270
Uniformity in procurement terminology.................... 1271
Responsibilities of Commercial Market Representatives.... 1271
Responsibilities of Business Opportunity Specialists..... 1271
Improving cooperation between the mentor-protege programs
of the Small Business Administration and the Department
of Defense............................................. 1271
Office of Women's Business Ownership..................... 1271
Women's Business Center Program.......................... 1272
Matching requirements under Women's Business Center
Program................................................ 1272
SCORE reauthorization.................................... 1272
SCORE program............................................ 1272
Online component......................................... 1272
Study and report on the future role of the SCORE program. 1272
Technical and conforming amendments...................... 1273
Required reports pertaining to capital planning and
investment control..................................... 1273
GAO study on small business cyber support services and
small business development center cyber strategy....... 1273
Short title.............................................. 1273
Use of authorized entrepreneurial development programs... 1273
Marketing of services.................................... 1273
Data collection.......................................... 1274
Fees from private partnerships and cosponsorships........ 1274
Equity for small business development centers............ 1274
Confidentiality requirements............................. 1274
Limitation on award of grants to small business
development centers.................................... 1274
TITLE XIX--DEPARTMENT OF HOMELAND SECURITY STRATEGY FOR
INTERNATIONAL PROGRAMS......................................... 1274
Department of Homeland Security Strategy for
International Programs (secs. 1901-1913)............... 1274
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 1275
Summary and explanation of funding tables................ 1275
Short title (sec. 2001).................................. 1275
Expiration of authorizations and amounts required to be
specified by law (sec. 2002)........................... 1275
Effective date (sec. 2003)............................... 1275
TITLE XXI--ARMY MILITARY CONSTRUCTION............................ 1275
Summary.................................................. 1275
Authorized Army construction and land acquisition
projects (sec. 2101)................................... 1276
Family housing (sec. 2102)............................... 1276
Authorization of appropriations, Army (sec. 2103)........ 1276
Modification of authority to carry out certain fiscal
year 2014 project (sec. 2104).......................... 1277
Extension of authorizations of certain fiscal year 2013
projects (sec. 2105)................................... 1277
Extension of authorizations of certain fiscal year 2014
projects (sec. 2106)................................... 1277
TITLE XXII--NAVY MILITARY CONSTRUCTION........................... 1277
Summary.................................................. 1277
Authorized Navy construction and land acquisition
projects (sec. 2201)................................... 1278
Family housing (sec. 2202)............................... 1278
Improvements to military family housing units (sec. 2203) 1278
Authorization of appropriations, Navy (sec. 2204)........ 1279
Modification of authority to carry out certain fiscal
year 2014 project (sec. 2205).......................... 1279
Extension of authorizations of certain fiscal year 2013
projects (sec. 2206)................................... 1279
Extension of authorizations of certain fiscal year 2014
projects (sec. 2207)................................... 1279
Status of ``net negative'' policy regarding Navy acreage
on Guam (sec. 2208).................................... 1280
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION..................... 1280
Summary.................................................. 1280
Authorized Air Force construction and land acquisition
projects (sec. 2301)................................... 1280
Family housing (sec. 2302)............................... 1281
Improvements to military family housing units (sec. 2303) 1281
Authorization of appropriations, Air Force (sec. 2304)... 1281
Modification of authority to carry out certain fiscal
year 2016 project (sec. 2305).......................... 1281
Extension of authorization of certain fiscal year 2013
project (sec. 2306).................................... 1281
Extension of authorization of certain fiscal year 2014
project (sec. 2307).................................... 1282
Restriction on acquisition of property in Northern
Mariana Islands (sec. 2308)............................ 1282
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION............... 1282
Summary.................................................. 1282
Authorized Defense Agencies construction and land
acquisition projects (sec. 2401)....................... 1283
Authorized energy conservation projects (sec. 2402)...... 1283
Authorization of appropriations, Defense Agencies (sec.
2403).................................................. 1283
Modification of authority to carry out certain fiscal
year 2014 project (sec. 2404).......................... 1284
Extension of authorizations of certain fiscal year 2013
projects (sec. 2405)................................... 1284
Extension of authorizations of certain fiscal year 2014
projects (sec. 2406)................................... 1284
TITLE XXV--INTERNATIONAL PROGRAMS................................ 1284
Summary.................................................. 1284
Subtitle A--North Atlantic Treaty Organization Security
Investment Program......................................... 1285
Authorized NATO construction and land acquisition
projects (sec. 2501)................................... 1285
Authorization of appropriations, NATO (sec. 2502)........ 1285
Subtitle B--Host Country In-Kind Contributions............... 1285
Republic of Korea funded construction projects (sec.
2511).................................................. 1285
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES.................. 1285
Summary.................................................. 1285
Subtitle A--Project Authorizations and Authorizations of
Appropriations............................................. 1286
Authorized Army National Guard construction and land
acquisition projects (sec. 2601)....................... 1286
Authorized Army Reserve construction and land acquisition
projects (sec. 2602)................................... 1286
Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects (sec. 2603). 1286
Authorized Air National Guard construction and land
acquisition projects (sec. 2604)....................... 1286
Authorized Air Force Reserve construction and land
acquisition projects (sec. 2605)....................... 1286
Authorization of appropriations, National Guard and
Reserve (sec. 2606).................................... 1287
Subtitle B--Other Matters.................................... 1287
Modification of authority to carry out certain fiscal
year 2014 project (sec. 2611).......................... 1287
Modification of authority to carry out certain fiscal
year 2015 project (sec. 2612).......................... 1287
Modification of authority to carry out certain fiscal
year 2016 project (sec. 2613).......................... 1287
Extension of authorization of certain fiscal year 2013
project (sec. 2614).................................... 1288
Extension of authorizations of certain fiscal year 2014
projects (sec. 2615)................................... 1288
Legislative Provisions Not Adopted........................... 1288
Report on replacement of security forces and
communications training facility at Frances S. Gabreski
Air National Guard Base, New York...................... 1288
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES............. 1288
Summary.................................................. 1288
Extension of authorizations of certain fiscal year 2014
projects (sec. 2701)................................... 1289
Prohibition on conducting additional base realignment and
closure (BRAC) round (sec. 2702)....................... 1289
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS........... 1289
Subtitle A--Military Construction Program and Military Family
Housing Changes............................................ 1289
Modification of criteria for treatment of laboratory
revitalization projects as minor military construction
projects (sec. 2801)................................... 1289
Classification of facility conversion projects as repair
projects (sec. 2802)................................... 1290
Limited authority for scope of work increase (sec. 2803). 1290
Extension of temporary, limited authority to use
operation and maintenance funds for construction
projects in certain areas outside the United States
(sec. 2804)............................................ 1290
Authority to expand energy conservation construction
program to include energy resiliency projects (sec.
2805).................................................. 1290
Additional entities eligible for participation in defense
laboratory modernization pilot program (sec. 2806)..... 1290
Extension of temporary authority for acceptance and use
of contributions for certain construction, maintenance,
and repair projects mutually beneficial to the
Department of Defense and Kuwait military forces (sec.
2807).................................................. 1291
Subtitle B--Real Property and Facilities Administration...... 1291
Acceptance of military construction projects as payments
in-kind and in-kind contributions (sec. 2811).......... 1291
Allotment of space and provision of services to WIC
offices operating on military installations (sec. 2812) 1291
Sense of Congress regarding inclusion of stormwater
systems and components within the meaning of
``wastewater system'' under the Department of Defense
authority for conveyance of utility systems (sec. 2813) 1291
Assessment of public schools on Department of Defense
installations (sec. 2814).............................. 1292
Prior certification required for use of Department of
Defense facilities by other Federal agencies for
temporary housing support (sec. 2815).................. 1292
Subtitle C--Land Conveyances................................. 1292
Land conveyances, High Frequency Active Auroral Research
Program facility and adjacent property, Gakona, Alaska
(sec. 2821)............................................ 1292
Land conveyance, Campion Air Force Radar Station, Galena,
Alaska (sec. 2822)..................................... 1293
Lease, Joint Base Elmendorf-Richardson, Alaska (sec.
2823).................................................. 1293
Transfer of administrative jurisdictions, Navajo Army
Depot, Arizona (sec. 2824)............................. 1293
Exchange of property interests, San Diego Unified Port
District, California (sec. 2825)....................... 1293
Release of property interests retained in connection with
land conveyance, Eglin Air Force Base, Florida (sec.
2826).................................................. 1293
Land exchange, Fort Hood, Texas (sec. 2827).............. 1294
Land conveyance, P-36 Warehouse, Colbern United States
Army Reserve Center, Laredo, Texas (sec. 2828)......... 1294
Land conveyance, St. George National Guard Armory, St.
George, Utah (sec. 2829)............................... 1294
Land acquisitions, Arlington County, Virginia (sec.
2829A)................................................. 1294
Release of restrictions, Richland Innovation Center,
Richland, Washington (sec. 2829B)...................... 1294
Modification of land conveyance, Rocky Mountain Arsenal
National Wildlife Refuge (sec. 2829C).................. 1295
Closure of St. Marys Airport (sec. 2829D)................ 1295
Transfer of Fort Belvoir Mark Center Campus from the
Secretary of the Army to the Secretary of Defense and
applicability of certain provisions of law relating to
the Pentagon Reservation (sec. 2829E).................. 1295
Return of certain lands at Fort Wingate to the original
inhabitants (sec. 2829F)............................... 1295
Subtitle D--Military Memorials, Monuments, and Museums....... 1296
Cyber Center for Education and Innovation--Home of the
National Cryptological Museum (sec. 2831).............. 1296
Renaming site of the Dayton Aviation Heritage National
Historical Park, Ohio (sec. 2832)...................... 1296
Women's military service memorials and museums (sec.
2833).................................................. 1296
Petersburg National Battlefield boundary modification
(sec. 2834)............................................ 1296
Subtitle E--Designations and Other Matters................... 1297
Designation of portion of Moffett Federal Airfield,
California, as Moffett Air National Guard Base (sec.
2841).................................................. 1297
Redesignation of Mike O'Callaghan Federal Medical Center
(sec. 2842)............................................ 1297
Replenishment of Sierra Vista subwatershed regional
aquifer, Arizona (sec. 2843)........................... 1297
Limited exceptions to restriction on development of
public infrastructure in connection with realignment of
Marine Corps forces in Asia-Pacific region (sec. 2844). 1297
Permanent withdrawal or transfer of administrative
jurisdiction of public land, Naval Air Weapons Station
China Lake, California (sec. 2845)..................... 1298
Legislative Provisions Not Adopted........................... 1298
Sense of Congress on maximizing number of veterans
employed on military construction projects............. 1298
Authority of the Secretary concerned to accept lessee
improvements at Government-owned/contractor-operated
industrial plants or facilities........................ 1298
Treatment of insured depository institutions operating on
land leased from military installations................ 1298
Sense of Congress regarding need to consult with State
and local officials prior to acquisitions of real
property............................................... 1298
Improved process for disposal of Department of Defense
surplus real property located overseas................. 1299
Prohibition on transfer of administrative jurisdiction,
portion of Organ Mountains Area, Fillmore Canyon, New
Mexico................................................. 1299
Bureau of Land Management withdrawn military lands under
Military Lands Withdrawal Act of 1999.................. 1299
Certification of optimal location for 4th and 5th
generation combat aircraft basing and for rotation of
forces at Naval Air Station El Centro or Marine Corps
Air Station Kaneohe Bay................................ 1299
Amendments to the National Historic Preservation Act..... 1299
Recognition of the National Museum of World War II
Aviation............................................... 1300
Battleship preservation grant program.................... 1300
Implementation of lesser prairie-chicken range-wide
conservation plan and other conservation measures...... 1300
Transfer of certain items of the Omar Bradley Foundation
to the descendants of General Omar Bradley............. 1300
Protection and recovery of Greater Sage Grouse........... 1300
Removal of endangered species status for American burying
beetle................................................. 1301
Report on documentation for acquisition of certain
properties along Columbia River, Washington, by Corps
of Engineers........................................... 1301
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION 1301
Authorized Navy construction and land acquisition
projects (sec. 2901)................................... 1301
Authorized Air Force construction and land acquisition
projects (sec. 2902)................................... 1301
Authorization of appropriations (sec. 2903).............. 1302
TITLE XXX--UTAH TEST AND TRAINING RANGE AND RELATED MATTERS...... 1302
Subtitle A--Authorization for Temporary Closure of Certain
Public Land Adjacent to the Utah Test and Training Range... 1302
Definitions (sec. 3001).................................. 1302
Memorandum of agreement (sec. 3002)...................... 1302
Temporary closures (sec. 3003)........................... 1302
Liability (sec. 3004).................................... 1302
Community resource advisory group (sec. 3005)............ 1303
Savings clauses (sec. 3006).............................. 1303
Subtitle B--Bureau of Land Management Land Exchange with
State of Utah.............................................. 1303
Definitions (sec. 3011).................................. 1303
Exchange of Federal land and non-Federal land (sec. 3012) 1303
Status and management of non-Federal land acquired by the
United States (sec. 3013).............................. 1303
Hazardous substances (sec. 3014)......................... 1304
Legislative Provisions Not Adopted........................... 1304
Short title.............................................. 1304
Findings and purpose..................................... 1304
Recognition and transfer of certain highway rights-of-way 1304
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS....................................... 1304
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS...... 1304
Subtitle A--National Security Programs Authorizations........ 1304
National Nuclear Security Administration (sec. 3101)..... 1304
Defense environmental cleanup (sec. 3102)................ 1306
Other defense activities (sec. 3103)..................... 1306
Nuclear energy (sec. 3104)............................... 1306
Subtitle B--Program Authorizations, Restrictions, and
Limitations................................................ 1306
Independent acquisition project reviews of capital assets
acquisition projects (sec. 3111)....................... 1306
Protection of certain nuclear facilities and assets from
unmanned aircraft (sec. 3112).......................... 1306
Common financial reporting system for the nuclear
security enterprise (sec. 3113)........................ 1307
Rough estimate of total life cycle cost of tank waste
cleanup at Hanford Nuclear Reservation (sec. 3114)..... 1307
Annual certification of shipments to Waste Isolation
Pilot Plant (sec. 3115)................................ 1307
Disposition of weapons-usable plutonium (sec. 3116)...... 1308
Design basis threat (sec. 3117).......................... 1308
Industry best practices in operations at National Nuclear
Security Administration facilities and sites (sec.
3118).................................................. 1308
Pilot program on unavailability for overhead costs of
amounts specified for laboratory-directed research and
development (sec. 3119)................................ 1309
Research and development of advanced naval nuclear fuel
system based on low-enriched uranium (sec. 3120)....... 1309
Increase in certain limitations applicable to funds for
conceptual and construction design of the Department of
Energy (sec. 3121)..................................... 1309
Prohibition on availability of funds for programs in
Russian Federation (sec. 3122)......................... 1309
Limitation on availability of funds for Federal salaries
and expenses (sec. 3123)............................... 1309
Limitation on availability of funds for defense
environmental cleanup program direction (sec. 3124).... 1310
Limitation on availability of funds for acceleration of
nuclear weapons dismantlement (sec. 3125).............. 1310
Subtitle C--Plans and Reports................................ 1310
Independent assessment of technology development under
defense environmental cleanup program (sec. 3131)...... 1310
Updated plan for verification and monitoring of
proliferation of nuclear weapons and fissile material
(sec. 3132)............................................ 1311
Report on the use of highly-enriched uranium for naval
reactors (sec. 3133)................................... 1311
Analysis of approaches for supplemental treatment of low-
activity waste at Hanford Nuclear Reservation (sec.
3134).................................................. 1311
Clarification of annual report and certification on
status of security of atomic energy defense facilities
(sec. 3135)............................................ 1312
Report on service support contracts and authority for
appointment of certain personnel (sec. 3136)........... 1312
Elimination of certain reporting requirements (sec. 3137) 1312
Report on United States nuclear deterrence (sec. 3138)... 1313
Legislative Provisions Not Adopted........................... 1313
Analyses of options for disposal of high-level
radioactive waste...................................... 1313
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD............. 1313
Authorization (sec. 3201)................................ 1313
TITLE XXXIII--FEDERAL AVIATION ADMINISTRATION THIRD CLASS MEDICAL
REFORM AND GENERAL AVIATION PILOT PROTECTIONS.................. 1313
Legislative Provisions Not Adopted........................... 1313
Pilot's Bill of Rights 2................................. 1313
TITLE XXXIV--NAVAL PETROLEUM RESERVES............................ 1314
Authorization of appropriations (sec. 3401).............. 1314
TITLE XXXV--MARITIME MATTERS..................................... 1314
Subtitle A--Maritime Administration, Coast Guard, and
Shipping Matters........................................... 1314
Authorization of the Maritime Administration (sec. 3501). 1314
Authority to extend certain age restrictions relating to
vessels in the Maritime Security Fleet (sec. 3502)..... 1314
Corrections to provisions enacted by Coast Guard
Authorization Acts (sec. 3503)......................... 1314
Status of National Defense Reserve Fleet vessels (sec.
3504).................................................. 1314
NDRF National Security Multi-Mission Vessel (sec. 3505).. 1315
Superintendent of United States Merchant Marine Academy
(sec. 3506)............................................ 1315
Use of National Defense Reserve Fleet scrapping proceeds
(sec. 3507)............................................ 1316
Floating dry docks (sec. 3508)........................... 1316
Transportation worker identification credentials for
individuals undergoing separation, discharge, or
release from the Armed Forces (sec. 3509).............. 1316
Actions to address sexual harassment and sexual assault
at the United States Merchant Marine Academy (sec.
3510).................................................. 1317
Sexual assault response coordinators and sexual assault
victim advocates (sec. 3511)........................... 1317
Report from the Department of Transportation Inspector
General (sec. 3512).................................... 1317
Sexual assault prevention and response working group
(sec. 3513)............................................ 1318
Sea Year compliance (sec. 3514).......................... 1318
State maritime academy physical standards and reporting
(sec. 3515)............................................ 1318
Appointments (sec. 3516)................................. 1318
Maritime workforce working group (sec. 3517)............. 1319
Maritime extreme weather task force (sec. 3518).......... 1319
Workforce plans and onboarding policies (sec. 3519)...... 1319
Drug and alcohol policy (sec. 3520)...................... 1319
Vessel transfers (sec. 3521)............................. 1320
Clarifying amendment; continuation boards (sec. 3522).... 1320
Polar icebreaker recapitalization plan (sec. 3523)....... 1320
GAO report on icebreaking capability in the United States
(sec. 3524)............................................ 1320
Subtitle B--Pribilof Islands Transition Completion........... 1320
Pribilof Islands Transition Completion (secs. 3531-3533). 1320
Subtitle C--Sexual Harassment and Assault Prevention at the
National Oceanic and Atmospheric Administration............ 1321
Actions to address sexual harassment at National Oceanic
and Atmospheric Administration (sec. 3541)............. 1321
Actions to address sexual assault at National Oceanic and
Atmospheric Administration (sec. 3542)................. 1321
Rights of the victim of a sexual assault (sec. 3543)..... 1321
Change of station (sec. 3544)............................ 1321
Applicability of policies to crews of vessels secured by
National Oceanic and Atmospheric Administration under
contract (sec. 3545)................................... 1322
Annual report on sexual assaults in the National Oceanic
and Atmospheric Administration (sec. 3546)............. 1322
Sexual assault defined (sec. 3547)....................... 1322
Legislative Provisions Not Adopted........................... 1322
Short title.............................................. 1322
Maritime Administration authorization request............ 1322
Port infrastructure development.......................... 1322
High-speed craft classification services................. 1323
Short title.............................................. 1323
Definitions.............................................. 1323
Short title.............................................. 1323
Reauthorization of Hydrographic Services Improvement Act
of 1998................................................ 1323
Maritime Administration.................................. 1323
Authority to make pro rata annual payments under
operating agreements for vessels participating in
Maritime Security Fleet................................ 1324
Application of law....................................... 1324
Commissioned officer corps of the National Oceanic and
Atmospheric Administration............................. 1324
Ballast water............................................ 1324
DIVISION D--FUNDING TABLES....................................... 1324
Authorization of amounts in funding tables (sec. 4001)... 1324
Summary of National Defense Authorizations for Fiscal
Year 2017.............................................. 1325
National Defense Budget Authority Implication............ 1331
TITLE XLI--PROCUREMENT........................................... 1334
Procurement (sec. 4101).................................. 1334
Procurement for overseas contingency operations (sec.
4102).................................................. 1369
Procurement for overseas contingency operations for base
requirements (sec. 4103)............................... 1379
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.......... 1387
Research, development, test, and evaluation (sec. 4201).. 1387
Research, development, test, and evaluation for overseas
contingency operations (sec. 4202)..................... 1425
Research, development, test, and evaluation for overseas
contingency operations for base requirements (sec.
4203).................................................. 1427
TITLE XLIII--OPERATION AND MAINTENANCE........................... 1429
Operation and maintenance (sec. 4301).................... 1429
Operation and maintenance for overseas contingency
operations (sec. 4302)................................. 1451
Operation and maintenance for overseas contingency
operations for base requirements (sec. 4303)........... 1464
TITLE XLIV--MILITARY PERSONNEL................................... 1473
Military personnel (sec. 4401)........................... 1473
Military personnel for overseas contingency operations
(sec. 4402)............................................ 1474
Military personnel for overseas contingency operations
for base requirements (sec. 4403)...................... 1474
TITLE XLV--OTHER AUTHORIZATIONS.................................. 1475
Other authorizations (sec. 4501)......................... 1475
Other authorizations for overseas contingency operations
(sec. 4502)............................................ 1479
Other authorizations for overseas contingency operations
for base requirements (sec. 4503)...................... 1481
TITLE XLVI--MILITARY CONSTRUCTION................................ 1481
Military construction (sec. 4601)........................ 1481
Military construction for overseas contingency operations
(sec. 4602)............................................ 1495
Military construction for overseas contingency operations
for base requirements (sec. 4603)...................... 1497
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS..... 1497
Department of Energy national security programs (sec.
4701).................................................. 1497
DIVISION E--UNIFORM CODE OF MILITARY JUSTICE REFORM.............. 1510
Short title (sec. 5001).................................. 1510
TITLE LI--GENERAL PROVISIONS..................................... 1510
Definitions (sec. 5101).................................. 1510
Clarification of persons subject to UCMJ while on
inactive-duty training (sec. 5102)..................... 1510
Staff judge advocate disqualification due to prior
involvement in case (sec. 5103)........................ 1510
Conforming amendment relating to military magistrates
(sec. 5104)............................................ 1511
Rights of victim (sec. 5105)............................. 1511
TITLE LII--APPREHENSION AND RESTRAINT............................ 1511
Restraint of persons charged (sec. 5121)................. 1511
Modification of prohibition of confinement of members of
the Armed Forces with enemy prisoners and certain
others (sec. 5122)..................................... 1512
TITLE LIII--NON-JUDICIAL PUNISHMENT.............................. 1512
Modification of confinement as non-judicial punishment
(sec. 5141)............................................ 1512
TITLE LIV--COURT-MARTIAL JURISDICTION............................ 1512
Courts-martial classified (sec. 5161).................... 1512
Jurisdiction of general courts-martial (sec. 5162)....... 1512
Jurisdiction of special courts-martial (sec. 5163)....... 1513
Summary court-martial as non-criminal forum (sec. 5164).. 1513
TITLE LV--COMPOSITION OF COURTS-MARTIAL.......................... 1513
Technical amendment relating to persons authorized to
convene general courts-martial (sec. 5181)............. 1513
Who may serve on courts-martial and related matters (sec.
5182).................................................. 1513
Number of court-martial members in capital cases (sec.
5183).................................................. 1514
Detailing, qualifications, and other matters relating to
military judges (sec. 5184)............................ 1514
Military magistrates (sec. 5185)......................... 1514
Qualifications of trial counsel and defense counsel (sec.
5186).................................................. 1515
Assembly and impaneling of members and related matters
(sec. 5187)............................................ 1515
TITLE LVI--PRE-TRIAL PROCEDURE................................... 1515
Charges and specifications (sec. 5201)................... 1515
Certain proceedings conducted before referral (sec. 5202) 1516
Preliminary hearing required before referral to general
court-martial (sec. 5203).............................. 1516
Disposition guidance (sec. 5204)......................... 1516
Advice to convening authority before referral for trial
(sec. 5205)............................................ 1517
Service of charges and commencement of trial (sec. 5206). 1517
TITLE LVII--TRIAL PROCEDURE...................................... 1517
Duties of assistant defense counsel (sec. 5221).......... 1517
Sessions (sec. 5222)..................................... 1517
Technical amendment relating to continuances (sec. 5223). 1518
Conforming amendments relating to challenges (sec. 5224). 1518
Statute of limitations (sec. 5225)....................... 1518
Former jeopardy (sec. 5226).............................. 1518
Pleas of the accused (sec. 5227)......................... 1519
Subpoena and other process (sec. 5228)................... 1519
Refusal of person not subject to UCMJ to appear, testify,
or produce evidence (sec. 5229)........................ 1519
Contempt (sec. 5230)..................................... 1519
Depositions (sec. 5231).................................. 1520
Admissibility of sworn testimony by audiotape or
videotape from records of courts of inquiry (sec. 5232) 1520
Conforming amendment relating to defense of lack of
mental responsibility (sec. 5233)...................... 1520
Voting and rulings (sec. 5234)........................... 1521
Votes required for conviction, sentencing, and other
matters (sec. 5235).................................... 1521
Findings and sentencing (sec. 5236)...................... 1521
Plea agreements (sec. 5237).............................. 1521
Record of trial (sec. 5238).............................. 1522
TITLE LVIII--SENTENCES........................................... 1522
Sentencing (sec. 5301)................................... 1522
Effective date of sentences (sec. 5302).................. 1523
Sentence of reduction in enlisted grade (sec. 5303)...... 1523
TITLE LIX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL..... 1523
Post-trial processing in general and special courts-
martial (sec. 5321).................................... 1523
Limited authority to act on sentence in specified post-
trial circumstances (sec. 5322)........................ 1523
Post-trial actions in summary courts-martial and certain
general and special courts-martial (sec. 5323)......... 1525
Entry of judgment (sec. 5324)............................ 1525
Waiver of right to appeal and withdrawal of appeal (sec.
5325).................................................. 1525
Appeal by the United States (sec. 5326).................. 1526
Rehearings (sec. 5327)................................... 1526
Judge advocate review of finding of guilty in summary
court-martial (sec. 5328).............................. 1526
Transmittal and review of records (sec. 5329)............ 1526
Courts of Criminal Appeals (sec. 5330)................... 1527
Review by Court of Appeals for the Armed Forces (sec.
5331).................................................. 1527
Supreme Court review (sec. 5332)......................... 1527
Review by Judge Advocate General (sec. 5333)............. 1528
Appellate defense counsel in death penalty cases (sec.
5334).................................................. 1528
Authority for hearing on vacation of suspension of
sentence to be conducted by qualified judge advocate
(sec. 5335)............................................ 1528
Extension of time for petition for new trial (sec. 5336). 1528
Restoration (sec. 5337).................................. 1528
Leave requirements pending review of certain court-
martial convictions (sec. 5338)........................ 1529
TITLE LX--PUNITIVE ARTICLES...................................... 1529
Reorganization of punitive articles (sec. 5401).......... 1529
Conviction of offense charged, lesser included offenses,
and attempts (sec. 5402)............................... 1529
Soliciting commission of offenses (sec. 5403)............ 1529
Malingering (sec. 5404).................................. 1530
Breach of medical quarantine (sec. 5405)................. 1530
Missing movement; jumping from vessel (sec. 5406)........ 1530
Offenses against correctional custody and restriction
(sec. 5407)............................................ 1530
Disrespect toward superior commissioned officer; assault
of superior commissioned officer (sec. 5408)........... 1530
Willfully disobeying superior commissioned officer (sec.
5409).................................................. 1530
Prohibited activities with military recruit or trainee by
person in position of special trust (sec. 5410)........ 1531
Offenses by sentinel or lookout (sec. 5411).............. 1531
Disrespect toward sentinel or lookout (sec. 5412)........ 1531
Release of prisoner without authority; drinking with
prisoner (sec. 5413)................................... 1531
Penalty for acting as a spy (sec. 5414).................. 1532
Public records offenses (sec. 5415)...................... 1532
False or unauthorized pass offenses (sec. 5416).......... 1532
Impersonation offenses (sec. 5417)....................... 1532
Insignia offenses (sec. 5418)............................ 1532
False official statements; false swearing (sec. 5419).... 1533
Parole violation (sec. 5420)............................. 1533
Wrongful taking, opening, etc. of mail matter (sec. 5421) 1533
Improper hazarding of vessel or aircraft (sec. 5422)..... 1533
Leaving scene of vehicle accident (sec. 5423)............ 1533
Drunkenness and other incapacitation offenses (sec. 5424) 1534
Lower blood alcohol content limits for conviction of
drunken or reckless operation of vehicle, aircraft, or
vessel (sec. 5425)..................................... 1534
Endangerment offenses (sec. 5426)........................ 1534
Communicating threats (sec. 5427)........................ 1534
Technical amendment relating to murder (sec. 5428)....... 1534
Child endangerment (sec. 5429)........................... 1535
Rape and sexual assault offenses (sec. 5430)............. 1535
Deposit of obscene matter in the mail (sec. 5431)........ 1535
Fraudulent use of credit cards, debit cards, and other
access devices (sec. 5432)............................. 1535
False pretenses to obtain services (sec. 5433)........... 1535
Robbery (sec. 5434)...................................... 1536
Receiving stolen property (sec. 5435).................... 1536
Offenses concerning Government computers (sec. 5436)..... 1536
Bribery (sec. 5437)...................................... 1536
Graft (sec. 5438)........................................ 1536
Kidnapping (sec. 5439)................................... 1537
Arson; burning property with intent to defraud (sec.
5440).................................................. 1537
Assault (sec. 5441)...................................... 1537
Burglary and unlawful entry (sec. 5442).................. 1537
Stalking (sec. 5443)..................................... 1537
Subornation of perjury (sec. 5444)....................... 1538
Obstructing justice (sec. 5445).......................... 1538
Misprision of serious offense (sec. 5446)................ 1538
Wrongful refusal to testify (sec. 5447).................. 1538
Prevention of authorized seizure of property (sec. 5448). 1538
Wrongful interference with adverse administrative
proceeding (sec. 5449)................................. 1539
Retaliation (sec. 5450).................................. 1539
Extraterritorial application of certain offenses (sec.
5451).................................................. 1539
Table of sections (sec. 5452)............................ 1539
TITLE LXI--MISCELLANEOUS PROVISIONS.............................. 1540
Technical amendments relating to courts of inquiry (sec.
5501).................................................. 1540
Technical amendment to Article 136 (sec. 5502)........... 1540
Articles of Uniform Code of Military Justice to be
explained to officers upon commissioning (sec. 5503)... 1540
Military justice case management; data collection and
accessibility (sec. 5504).............................. 1540
TITLE LXII--MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS..... 1541
Military Justice Review Panel (sec. 5521)................ 1541
Annual reports (sec. 5522)............................... 1541
TITLE LXIII--CONFORMING AMENDMENTS AND EFFECTIVE DATES........... 1542
Amendments to UCMJ subchapter tables of sections (sec.
5541).................................................. 1542
Effective dates (sec. 5542).............................. 1542
Legislative Provisions Not Adopted........................... 1542
Repeal of sentence reduction provision when interim
guidance takes effect.................................. 1542
Minimum confinement period required for conviction of
certain sex-related offenses committed by members of
the Armed Forces....................................... 1542
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-840
======================================================================
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017
_______
November 30, 2016.--Ordered to be printed
_______
Mr. Thornberry, from the Committee of Conference,
submitted the following
CONFERENCE REPORT
[To accompany S. 2943]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the House to the bill (S.
2943), to authorize appropriations for fiscal year 2017 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such
fiscal year, and for other purposes, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
House amendment, insert the following:
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
replacement 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 Program.
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 storage 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 munitions.
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 agreements.
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 responsibility 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 destruction system Constellation.
Sec. 222. Limitation on availability of funds for Defense Innovation
Unit Experimental.
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
modernization 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 federal========================================================
___________________________________________________
Sec. 236. Pilot program on enhanced interaction between the Defense
Advanced Research Projects Agency and the service academies.
Sec. 237. Independent review of F/A-18 physiological episodes and
corrective actions.
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 airborne 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
management.
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 executives.
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 certain members of the Armed Forces.
Sec. 348. Limitation on availability of funds for Office of the Under
Secretary of Defense 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.
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 authorized strength after December 31, 2022, of such
general and flag officers.
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 appointment is delayed due to nonavailability to the Senate
of probative information under control of non-Department of
Defense agencies.
Sec. 505. Continuation of certain officers on active duty without regard
to requirement 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 personnel 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 Review 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 Department 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 efforts 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 respond 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 retaliation.
Sec. 548. Modification of definition of sexual harassment for purposes
of investigations 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 obtaining 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 effect 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 academies.
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.
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 Exceptional 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 contingency 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 Lieutenant 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 Academy 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
integrating women into military occupational specialities and
units recently opened to women.
Sec. 594. Report on feasability of electronic tracking of operational
active-duty service 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 positions 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 allowance 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 reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. 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 Reserves to participate in the modernized retirement
system.
Sec. 632. Effect of separation of members from the uniformed services on
participation in the Thrift Savings Plan.
Sec. 633. Continuation pay for full Thrift Savings Plan members who have
completed 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 component members who die in the line of duty during
inactive-duty training.
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 uniformed 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 medical 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
contracts for TRICARE program.
Sec. 706. Establishment of high performance military-civilian integrated
health delivery 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
National 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 participation in the Federal Employees Dental and Vision
Insurance Program.
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 carrying 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 infrastructure 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 certain 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 mental 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 pharmacies 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-traumatic stress.
Sec. 746. Department of Defense study on preventing the diversion of
opioid medications.
Sec. 747. Incorporation into survey by Department of Defense of
questions on experiences 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
departments.
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 Assistant 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 acquire 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 contracts.
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
performance.
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 evaluation.
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 programs.
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
program definition and program execution periods.
Sec. 863. Purposes for which the Department of Defense Acquisition
Workforce Development Fund may be used; advisory panel
amendments.
Sec. 864. Department of Defense Acquisition Workforce Development Fund
determination adjustment.
Sec. 865. Limitations on funds used for staff augmentation contracts at
management headquarters of the Department of Defense and the
military departments.
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 commercial items and commercially available
off-the-shelf items.
Sec. 875. Use of commercial or non-Government standards in lieu of
military specifications 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 commercial 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-Defense 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
Contracting 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 Department 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 Secretary 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 personnel 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 operations 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 departments.
Sec. 932. Enhanced personnel management authorities for the Chief of the
National 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 Logistics.
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 formulation process.
Subtitle F--Other Matters
Sec. 951. Enhanced security programs for Department of Defense personnel
and innovation 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 National Guard counterdrug schools.
Sec. 1013. Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1014. Enhancement of information sharing and coordination of
military training between Department of Homeland Security and
Department of Defense.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Definition of short-term work with respect to overhaul,
repair, or maintenance of naval vessels.
Sec. 1022. Warranty requirements for shipbuilding contracts.
Sec. 1023. National Sea-Based Deterrence Fund.
Sec. 1024. Availability of funds for retirement or inactivation of
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 material 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 countermeasures platforms.
Sec. 1046. Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance.
Sec. 1047. Evaluation of Navy alternate combination cover and unisex
combination cover.
Sec. 1048. Independent evaluation of Department of Defense excess
property program.
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 enlisted 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 requirements.
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 rewards may be paid under Department of Defense
rewards program.
Sec. 1064. Annual reports on unfunded priorities of the Armed Forces and
the combatant commands and annual report on combatant command
requirements.
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 improve 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 technicians.
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 Unknown Soldier.
Sec. 1094. Sense of Congress regarding the OCONUS basing of the KC-46A
aircraft.
Sec. 1095. Designation of a Department of Defense Strategic Arctic Port.
Sec. 1096. Recovery of excess rifles, ammunition, and parts granted to
foreign countries 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 Department 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 Department 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
incentive 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
Department 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 retirement.
Subtitle B--Department of Defense Science and Technology Laboratories
and Related Matters
Sec. 1121. Permanent personnel management authority for the Department
of Defense 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 technology positions in the science and technology
reinvention laboratories of the Department of Defense.
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 Evaluation.
Subtitle C--Governmentwide Matters
Sec. 1131. Elimination of two-year eligibility limitation for
noncompetitive appointment of spouses of members of the Armed
Forces.
Sec. 1132. Temporary personnel flexibilities for domestic defense
industrial base facilities 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 rehiring.
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 official 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 terrorism.
Sec. 1204. Independent evaluation of strategic framework for Department
of Defense 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
Program.
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 Afghanistan.
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 Department 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 Afghanistan.
Sec. 1218. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Modification and extension of authority to provide assistance
to the vetted Syrian opposition.
Sec. 1222. Modification and extension of authority to provide assistance
to counter the Islamic State of Iraq and the Levant.
Sec. 1223. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Limitation on provision of man-portable air defense systems
to the vetted 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 European 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 Russian Federation.
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.
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 expenses 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
Fellowship Program.
Sec. 1248. Consolidation of authorities for service academy
international engagement.
Sec. 1249. Consolidated annual budget for security cooperation programs
and activities 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
authorities 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 involving 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-
conventional 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 Panama.
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 participation 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 resources 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-Saharan African countries.
Sec. 1294. Extension and expansion of authority to support border
security operations of certain foreign countries.
Sec. 1295. Modification and clarification of United States-Israel anti-
tunnel cooperation 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 series'' 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 demilitarization alternative technologies.
Subtitle D--Other Matters
Sec. 1431. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 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.
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 explosive devices.
Sec. 1524. Overseas contingency operations.
Sec. 1525. Extension and modification of authorities on Counterterrorism
Partnerships 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 Russian 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 communication services.
Sec. 1607. Space-based environmental monitoring.
Sec. 1608. Prohibition on use of certain non-allied positioning,
navigation, and timing 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
capabilities 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 positions 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.
Sec. 1650. Evaluation of cyber vulnerabilities of Department of Defense
critical infrastructure.
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 comply-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
communications systems of the National Guard.
Subtitle D--Nuclear Forces
Sec. 1661. Improvements to Council on Oversight of National Leadership
Command, Control, and Communications System.
Sec. 1662. Treatment of certain sensitive information by State and local
governments.
Sec. 1663. Procurement authority for certain parts of intercontinental
ballistic missile 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 assessment 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 survivability, 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 discrimination 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 interceptor 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 System.
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.
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 obtain past performance ratings.
Sec. 1823. Amendments to the Mentor-Protege Program of the Department of
Defense.
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 preparedness.
Sec. 1843. Additional cybersecurity assistance for small business
development centers.
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 Security.
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.
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.
Sec. 2803. Limited authority for scope of work increase.
Sec. 2804. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects outside the
United States.
Sec. 2805. Authority to expand energy conservation construction program
to include energy resiliency projects.
Sec. 2806. Additional entities eligible for participation in defense
laboratory modernization pilot program.
Sec. 2807. Extension of temporary authority for acceptance and use of
contributions for certain construction, maintenance, and
repair projects mutually beneficial to the Department of
Defense and Kuwait military forces.
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 components within the meaning of ``wastewater system''
under the Department 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 facility 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, California.
Sec. 2826. Release of property interests retained in connection with
land conveyance, Eglin Air Force Base, Florida.
Sec. 2827. Land exchange, Fort Hood, Texas.
Sec. 2828. Land Conveyance, P-36 Warehouse, Colbern United States Army
Reserve 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, Washington.
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 provisions 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 Weapons Station China Lake, California.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
projects.
Sec. 2903. Authorization of appropriations.
TITLE XXX--UTAH TEST AND TRAINING RANGE 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 aircraft.
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 Administration 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 environmental 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.
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 undergoing 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 advocates.
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
Atmospheric 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
Atmospheric 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 operations.
Sec. 4203. Research, development, test, and evaluation for overseas
contingency operations for base requirements.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for overseas contingency operations
for base requirements.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
Sec. 4403. Military personnel for overseas contingency operations for
base requirements.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
Sec. 4503. Other authorizations for overseas contingency operations for
base requirements.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for overseas contingency operations for
base requirements.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E--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.
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 evidence.
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
responsibility.
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
circumstances.
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 conducted 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 position 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.
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.
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
replacement 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 Program.
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 storage 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 munitions.
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
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
section 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
section 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 capability (including warfighting
function tools relating to increment 1 of the Distributed
Common Ground System-Army) for covered 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 regulations providing for the use of competitive
procedures or procedures 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 military 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 DEPARTMENT 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
reconnaissance 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.
(3) Chemical, biological, radiological, and nuclear
capabilities 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
responsiveness.
(7) Transportation capacity and responsiveness,
particularly 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
recommendations.
(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:
``Sec. 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
`covered vessel' means any vessel of the Navy that is under
construction 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 Secretary 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 construction 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 appropriations 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 development, production, and
sustainment, including--
(i) projected unit costs compared
to originally estimated unit costs for
each system that comprises the mission
package;
(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
implemented to address such problems.
(B) A description, including dates, of each
developmental 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 performance 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 delivered 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 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 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 Ship mission packages that includes, as
of the fiscal year covered 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 Secretary
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 successor 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, sensors, and weapons systems) combined
with support equipment (including support containers
and standard interfaces) and software (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 Littoral Combat Ship acquisition strategy'' means
the third revision of the Littoral Combat Ship
acquisition strategy approved by the Under Secretary of
Defense for Acquisition, Technology, and Logistics on
March 29, 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 CONTRACTS FOR
CERTAIN VESSELS.
(a) Limitation.--None of the funds authorized to be
appropriated 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
subsection 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
procedures; 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 development, 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 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 submits 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 Program,
as if the Department had submitted a Selected
Acquisition Report for the Program that
included the Baseline 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 submitted to Congress under section
2432 of title 10, United States Code.
SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT 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 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 Operations 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 eliminated.
(C) Cost savings estimates for current and
planned initiatives.
(D) A schedule that includes--
(i) a plan for spending with
phasing of key obligations and outlays;
(ii) decision points describing
when savings may be realized; and
(iii) key events that must occur to
execute initiatives 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 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 carriers, a level insufficient
to meet peacetime and war plan requirements; and
(2) to accommodate the required aircraft carrier
force structure, 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 activities 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, surveillance 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
contract 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 contract
entered into under subsection (a) shall provide that any
obligation 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.
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
procurement 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 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 conducting 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 airborne
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
appropriated 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 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 inventory 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
section, 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 components 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 damage, or being uneconomical to repair.
SEC. 137. ELIMINATION OF ANNUAL REPORT ON AIRCRAFT INVENTORY.
Section 231a of title 10, United States Code, is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection
(e).
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
enactment 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 suppression 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.
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 munitions 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
Secretary of Defense shall submit to the congressional
defense committees a report that includes each of the
following elements:
(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 inventory levels for all
cluster munitions that takes into account
future production of cluster munitions, any
plans for demilitarization of such munitions,
any plans for the recapitalization 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 Memorandum 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 Secretary 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.
SEC. 144. REPORT ON DEPARTMENT OF DEFENSE MUNITIONS STRATEGY FOR THE
COMBATANT COMMANDS.
(a) Report Required.--Not later than April 1, 2017, the
Secretary of Defense shall submit to the congressional defense
committees 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
appropriate.
SEC. 145. MODIFICATIONS TO REPORTING ON USE OF COMBAT MISSION
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
structures 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;
(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
Comptroller General of the United States shall submit to the
congressional 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 following:
(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 determines 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 requirements of the program and reduce the life-
cycle cost of the program.
(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 aircraft, or
combination of such aircraft;
(ii) aircraft with varying
observability characteristics;
(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
Secretary 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, observations, conclusions, and
recommendations of the study.
(C) A description of the modeling and
analysis techniques 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 commands using
the aircraft and capabilities described in
subsection (a).
(2) Form.--The report under paragraph (1) may be
submitted in classified form, but shall include an
unclassified executive summary.
(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 appropriate 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 Permanent
Select Committee on Intelligence of the House
of Representatives.
(B) The term ``covered period'' means the
period beginning 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 agreements.
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 responsibility 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 destruction system Constellation.
Sec. 222. Limitation on availability of funds for Defense Innovation
Unit Experimental.
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
modernization 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 Research Projects Agency and the service academies.
Sec. 237. Independent review of F/A-18 physiological episodes and
corrective actions.
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 airborne 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, development, 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 mission
effectiveness of such laboratories; and
(B) new initiatives proposed by the science
and technology reinvention laboratories;
(2) to support implementation of current and future
initiatives affecting the science and technology
reinvention laboratories; 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
paragraphs (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;
(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 Personnel
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 technology 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
reinvention laboratory'' means a science and technology
reinvention laboratory 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 DEVELOPMENT OF
TECHNOLOGIES FOR MILITARY MISSIONS.
(a) Amount Authorized Under Current Mechanism.--Paragraph
(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 two percent and not more than four percent''.
(b) Additional Mechanism to Provide Funds.--Such subsection
is further amended by adding at the end the following new
paragraph:
``(3) Fee.--After consultation with the science and
technology 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 performance, 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
Infrastructure Projects.--Subsection (b)(4) of such section is
amended by adding at the end the following new subparagraph:
``(C) Section 2802 of such title, with
respect to construction 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 AGREEMENTS.
(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,
cooperative agreement, or grant pursuant to subsection (b)(1)
of such section, 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 Agreements.--(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
cooperative 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 PROGRAM.
Section 2196 of title 10, United States Code, is amended to
read as follows:
``Sec. 2196. Manufacturing engineering education program
``(a) Establishment of Manufacturing Engineering Education
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
manufacturing engineering education to further a
mission of the department; 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
manufacturing.
``(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
geographical 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,
cooperative work-study programs, and
interactions with industrial facilities,
consortia, or such other activities and
organizations in the United States and foreign
countries as the Secretary considers
appropriate;
``(B) faculty development programs;
``(C) recruitment of educators highly
qualified in manufacturing 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, personnel
exchange, or industry executives;
``(F) development of new, or updating and
modification of existing, manufacturing
curriculum, course offerings, and education
programs;
``(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 students 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
proposals 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 technology.
``(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
section, the term `institution of higher education' has the
meaning 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 PROTOTYPING,
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
subsection is a written notice of the intention of the
Secretary to initiate a covered activity. Each such notice
shall include the following:
(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
demonstration 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, is amended by adding at the end the
following new section:
``Sec. 2338. Micro-purchase threshold for basic research programs 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 is amended by adding at
the end the following new item:
``2338. Micro-purchase threshold for basic research programs and
activities of the Department of Defense science and technology
reinvention laboratories.''.
(b) Increased Micro-purchase Threshold for Universities,
Independent Research Institutes, and Nonprofit Research
Organizations.--Section 1902 of title 41, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ``For purposes'' and
inserting ``(1) Except as provided in section
2338 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.
(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
Secretary 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 OFFICIAL 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 Department of Defense as the
official with principal responsibility for the
development and demonstration of directed energy
weapons for the Department.
(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 technologies to
acquisition programs of record.
(B) Roadmap.--Such strategic plan shall
include a strategic 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 flexibility 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 flexibility 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 entities 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 supporting 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
Technology Office of the Department of Defense is
hereby redesignated 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.
(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
capability 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
paragraph (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.
SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR THE COUNTERING
WEAPONS OF MASS DESTRUCTION SYSTEM CONSTELLATION.
(a) Limitation.--Not more than 50 percent of the funds
authorized 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, development, 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 following:
(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 component.
(B) A review of the requirements validated
in the Information System Initial Capabilities
Document (ISICD) and capability gaps identified
for duplication and redundancy with other
validated information technology requirements
and capability gaps.
(C) Identification of elements and
applications of the system that cannot be
implemented using the existing technical
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 accredited cross-domain solution
system, including security milestones 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
assessment.--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 independent 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
committees a report containing--
(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
paragraph; 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 percent 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
following:
(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, military departments, Defense
Agencies, and other departments 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
expertise 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 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 technologies 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 strategies to ensure that
research and technology programs funded
by the Unit will be effectively and
efficiently transitioned into
operational use or acquisition
programs, 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.
(b) National Security Waiver Authority.--The Secretary of
Defense may waive the limitation in subsection (a) if the
Secretary 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
Secretary 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
Comptroller 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 thereafter 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 MICROELECTRONICS.
(a) Strategy.--The Secretary of Defense shall develop a
strategy to ensure that the Department of Defense has assured
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
microelectronics 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 microelectronics, including infrastructure,
workforce, and investments in science and technology.
(8) A research and development strategy to ensure
that the Department of Defense can, to the maximum
extent practicable, use state of the art commercial
microelectronics capabilities or their equivalent,
while satisfying the needs for trust.
(9) Recommendations for changes in authorities,
regulations, 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 developed 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
support 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
implementation of such strategy, and a timeline
for such implementation; and
(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
microelectronics, 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 intentionally 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
commercially 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
demonstration, military user assessments, and other
means of obtaining quantitative and qualitative
feedback on the commercial information technology
products.
(2) Engagement with the commercial information
technology 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
technology for use by the Department of Defense.
(4) Assessment of novel or innovative contracting
mechanisms 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 CENTERS OF THE
DEPARTMENT OF DEFENSE.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Defense and the
secretaries of the military departments shall jointly
carry out a 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 appropriate 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 subparagraph (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 subparagraph (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 propose and implement alternative and
innovative methods of 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 Secretary 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 paragraph (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 concerned'' means--
(i) the Assistant Secretary of the Air
Force for Acquisition, with respect to matters
concerning the Air Force;
(ii) the Assistant Secretary of the Army
for Acquisition, Technology, and Logistics,
with respect to matters concerning the Army;
and
(iii) the Assistant Secretary of the Navy
for Research, Development, and Acquisition,
with respect to matters concerning the Navy.
(d) Waiver Authority for Demonstration and
Implementation.--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
September 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 applications to participate in the pilot
program were disapproved under subsection (b),
including justifications for such disapprovals.
(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 pursuant 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 electromagnetic spectrum warfare systems and
electronic warfare systems.
(2) Selection.--If the Secretary carries out the
pilot program 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 systems 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 operational 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.
(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
disclosed to personnel of a federally funded research and
development center under the pilot program only if such
personnel and contractors 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
organization 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 development 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 information 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
program.
(f) Assessment.--Not later than two years after the
commencement 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.
(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
academies maintain among their academic departments and
resident 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 covered period; and
(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
subsection (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 Department 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
committees 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 committees 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
subsection 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.
(C) Software maturity.
(D) Manufacturing readiness levels for
critical manufacturing 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
following:
(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.
SEC. 239. STUDY ON HELICOPTER CRASH PREVENTION AND MITIGATION
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 situational 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 developing 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 paragraph (1) based on--
(A) the results of the cost-benefit
analysis under paragraph (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 ELECTROMAGNETIC
SPECTRUM WARFARE CAPABILITIES.
(a) Strategy Required.--Not later than April 1, 2017, the
Under Secretary of Defense for Acquisition, Technology and
Logistics, 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 requirements, including intra-
service ground and air interoperabilities, as well as
recommendations for streamlining acquisition processes
with respect to such capabilities.
(2) A methodology for synchronizing and overseeing
electronic warfare strategies, operational concepts,
and programs 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 investments in electronic warfare
capabilities, including the requirements 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 Congress under section 221 of
title 10, United States Code, for that fiscal
year.
(5) A description of the threat environment for
electromagnetic spectrum for current and future warfare
needs.
(6) An assessment of progress on increasing
interoperability between Services and Agencies, as well
as increasing application 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 networking, adaptability, agility,
multifunctionality, and miniaturization, 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 assessment.
(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 airborne systems such as fighters, bombers, and
intelligence, surveillance, and reconnaissance (ISR)
aircraft with fifth generation capabilities is required
because--
(A) adversary integrated air defense
systems (IADS) have created regions where
fourth generation airborne systems 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
airborne systems; and
(C) fifth generation airborne systems
provide a wider variety of options for a given
warfighting challenge, preserve the
technological advantage of the United States
over near-peer threats, and serve as a force
multiplier by increasing situational awareness
and combat effectiveness of fourth generation
airborne systems.
(b) Sense of Congress.--It is the sense of Congress that
development and fielding of fifth generation airborne system
systems 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
information 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
platforms 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
management.
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 executives.
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 certain members of the Armed Forces.
Sec. 348. Limitation on availability of funds for Office of the Under
Secretary of Defense 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);
(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 investment, and enhancements to installation mission
assurance realized by the fulfillment of the goals
described in paragraph (1).''.
SEC. 312. WAIVER AUTHORITY FOR ALTERNATIVE FUEL PROCUREMENT
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 combustion, 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 conjunction 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 supporting energy production
and consumption at military installations with
high levels of energy intensity.
(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 Department 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 Program 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
entities.--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 intensity, 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 security 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 PLANNING 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:
``Sec. 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 possessed 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 military 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 of Defense, as
required in the long-term strategy of the Department 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 prevention
executive'' means the employee of a military department
designated 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 MANUFACTURING SUPPORT
INITIATIVE.
During the five-year period beginning on the date of the
enactment 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
maintenance and loading activities carried out by private
sector entities at each covered port.
(b) Elements of Assessments.--Each assessment under
subsection (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 availabilities 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.
(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 activities.
(4) A description of any processes that have been
implemented to allow for timely feedback from private
sector entities engaged in ship maintenance activities
and ship loading activities.
(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 Representatives (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
paragraphs (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 following:
(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.
(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
manufactured 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 systems and information technology
(as those terms are defined in section 11101 of title
40, United States Code).
(2) Organic industrial base.--The term ``organic
industrial 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 Mission
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 information collected pursuant to section 117(c)(7) of this
title.''.
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 performing 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 aircrew and the maintenance force required to
maintain full readiness 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 maintained to meet readiness rates
through the end of fiscal year 2029.
(c) Form.--The report required by subsection (a) shall be
submitted 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 Secretary, if the Secretary decides that
constructing or altering a structure may result in an
obstruction of the navigable airspace, an interference
with air navigation facilities and equipment or the
navigable airspace, or, after consultation with the
Secretary of Defense, an adverse impact on military
operations 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 effective 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 proposed
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 Secretary 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
readiness.--The term `adverse impact on military
operations and readiness' has the meaning given the
term in section 211.3 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 Regulations, 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 commerce''.
(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 subsection 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
subsection with respect to a procedure to be
implemented at an OEP airport that was a
material change from procedures 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 implemented at an OEP airport, the
Administrator, in consultation with the
operator of the airport, determines that
implementing 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 procedure 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 implementation of the
procedure being reviewed.
``(C) Human environment defined.--In this
paragraph, 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:
``Sec. 2410r. Contract working dogs: requirement to transfer animals 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 adoption 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
`contract 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--
(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 designee of the Secretary of
the Navy) as the executive agent for
the Department of Defense to coordinate
and integrate research, development,
test, and evaluation activities and
procurement activities of the military
departments relating to explosive
ordnance disposal; 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 Documents.--
(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
paragraph (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 departments 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 disposal 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 executive agent
for explosive ordnance disposal technology and
training.
(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
organizational 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
subsection (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 evaluation, defeat, disablement,
or rendering safe, recovery and exploitation, 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 implement
the process described in subsection (a) beginning not later
than 180 days after the date of the enactment of this Act.
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
Military Housing Units Acquired or Constructed by Contract.--
All contracts entered into by the Secretary of Defense after
September 30, 2017, for the acquisition or construction of
military family housing, including military family housing
acquired or constructed 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 installation;
(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 sensitive areas of military installations;
(6) shall be designed, to the extent practicable,
to give covered drivers access to barracks areas,
housing areas, temporary lodging facilities, hospitals,
and community support facilities;
(7) shall require transportation companies--
(A) to track, in real-time, the location of
the entry and exit of covered drivers onto and
off of military installations; 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
contracts 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 obligated or expended until the Secretary of Defense
issues guidance on the process by which members of the Armed
Forces may carry 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
uniforms, 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 replication 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
enterprise, the following:
(1) Goals and objectives.
(2) Concepts of operations.
(3) Timelines for the phased implementation of the
enterprise.
(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.
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
continuation training requirements of the Air
Force; and
(B) the overall effectiveness of the Ready
Aircrew Program of the Air Force in managing
aircrew training requirements; and
(2) to make recommendations for the improved
management 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 minimum 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
measurements used to determine if an aircrew
qualifies for designation as an experienced
aircrew, and whether different measurements
should be used.
(D) Any actions taken or planned to be
taken to implement recommendations resulting
from the independent review and assessment
under subsection (a), including an estimate of
the resources required to implement such
recommendations.
(E) Any other matters the Secretary
determines are appropriate to ensure a
comprehensive review and assessment.
(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 elements 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
(D) any other matters the Comptroller
General determines 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 paragraph.
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 category of passengers eligible for
space-available travel under existing regulations.
(4) A description of the effect on system capacity
if eligibility for space-available travel is extended
to--
(A) drilling reserve component personnel
and dependents 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 availability, and personal hardships
experienced by travelers.
(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 categories 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 members 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 categories 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
Secretary 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 Transporting Security-
Sensitive Materials''.
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 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 SUPPORT 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
technicians (dual status) as of September 30, 2017, for the
reserve components 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:
(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
technicians 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
Department of Defense for expenses, not otherwise provided for,
for military 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.
TITLE V--MILITARY PERSONNEL POLICY
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 officers.
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 appointment is delayed due to nonavailability to the Senate
of probative information under control of non-Department of
Defense agencies.
Sec. 505. Continuation of certain officers on active duty without regard
to requirement 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 personnel 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 Review 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 Department 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 efforts 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 respond 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 retaliation.
Sec. 548. Modification of definition of sexual harassment for purposes
of investigations 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 obtaining 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 effect 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 academies.
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.
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 Exceptional 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 contingency 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 Lieutenant 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 Academy 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
integrating women into military occupational specialities and
units recently opened to women.
Sec. 594. Report on feasability of electronic tracking of operational
active-duty service 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 positions 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 OFFICERS.
(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.
(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 contingency operations are authorized as
an additional maximum temporary allocation to the joint
pool.
(b) Plan to Achieve Required Reduction and Distribution.--
(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
Department 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
subsection (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 positions 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 Committees on Armed Services of the Senate and the
House of Representatives 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 reductions
identified by general and flag officer position.
(3) Interim report.--If practicable before the date
specified 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;
(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
redistribution 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 Chairman 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 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.
(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
Limitations.--
(1) In general.--Subject to paragraph (2), the
Secretary of Defense may alter the reduction otherwise
required by subsection (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.
(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
Secretary 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 paragraph.
(3) Notice to congress on detachment of covered
officers.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives 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 Nominations.--
(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 appointment 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 distribution 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 pursuant to subsection (a) is
incorporated into the planning for the
execution of promotions by the military
departments and for the joint pool;
(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 General
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:
``Sec. 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.
``(d) Temporary Exclusion for Assignment to Certain
Temporary 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 Services of the Senate and the
House of Representatives.
``(2) Baseline defined.--In paragraph (1), the term
`baseline' for an armed force means the lower of--
``(A) the statutory limit of general
officers or flag officers of that armed force
under subsection (a); or
``(B) the actual number of general officers
or flag officers 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 Chairman 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
`baseline' 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
``(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 subsection (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 subsection (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
section 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 officers 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
Matters.--
(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.--Section
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).
(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
following 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:
``Sec. 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:
``Sec. 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.
(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:
``Sec. 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, United States Code, is amended by striking ``a lieutenant
general'' 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 ``Positions 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:
``Sec. 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--
(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.--Section
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 paragraph (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:
``Sec. 637a. Continuation on active duty: officers in certain military
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 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
military 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 continuation 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
departments 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 RETIREMENT 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 recommended for promotion.'';
(2) by redesignating subsection (e) as subsection
(f); and
(3) by inserting after subsection (d) the following
new subsection (e):
``(e)(1) In the case of action under subsection (b)(4), the
Secretary 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 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 provision 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 PERSONNEL 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 POSITIONS.
(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 requirements determined appropriate by the Secretary of
the military 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
department 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
Services of the Senate and the House of Representatives a
report containing 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 prescribed 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 paragraphs (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--
(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 ``subsection (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, movement and maneuver, protection or
sustainment of operations under unified
command.
``(iv) National security planning with
other departments 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
Secretary 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''.
(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
Speciality.--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
subsection:
``(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 of title 5, United
States Code, is amended by striking paragraph (5).
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 INACTIVE 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 subsections (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 to six weeks of medical convalescent leave, to be used in
connection with such birth.
``(B) Under the regulations prescribed for purposes of this
subsection, 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 convalescent leave--
``(A) is specifically recommended, in writing, by
the medical provider of the member to address a
diagnosed medical condition; 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
component 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
subsection, 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
addition 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 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
subsection, 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:
``Sec. 704a. Administration of leave: prohibition on authorizing,
granting, or assigning leave not expressly
authorized 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:
``Sec. 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
``(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
regulations 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
beginning 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 operations: 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 Testamentary
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.--
Section 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 assistance offices, supervised by a military
legal assistance counsel (as defined in section
1044d(g) of this title).''.
SEC. 524. MEDICAL EXAMINATION BEFORE ADMINISTRATIVE SEPARATION FOR
MEMBERS WITH POST-TRAUMATIC STRESS DISORDER 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,''.
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 functions relating to the marketing of the Army and each of
the components of the Army in order to assure unity of effort
and cost effectiveness in the marketing of the Army and each of
the components 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 enlistment 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.--
(A) In general.--Not later than one year
after the date on which the pilot program under
subsection (b) commences, 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 consolidating 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 Protections and Correction of Military
Records
SEC. 531. IMPROVEMENTS TO WHISTLEBLOWER PROTECTION PROCEDURES.
(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 following:
``(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 knowledge) 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 communication.
``(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 investigation 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
subparagraph (F); and
(B) by inserting after subparagraph (D) the
following new subparagraph (E):
``(E) If the Inspector General makes a preliminary
determination 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 department 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
investigation.
``(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;
``(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 Investigations
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 personnel 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 investigations 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 AUTHORITIES 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 Secretary
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 subparagraph (with any
personally identifiable information redacted) in the
semiannual report to Congress of the Inspector General
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.--Section
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 subsection (h):
``(h) Each board established under this section shall make
available to the public each calender quarter, on an Internet
website of the military department concerned or the Department
of Homeland 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-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 release of the
claimant.
``(2) The number of claims submitted during the
calendar quarter preceding the calender quarter in
which such information 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
available to the public each calender quarter, on an Internet
website of the military department concerned or the Department
of Homeland Security, as applicable, that is available to the
public the following:
``(1) The number of motions or requests for review
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 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 information 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 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 previously 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
paragraph:
``(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 subsection 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 (consistent with the
curriculum developed and implemented pursuant
to this subsection) regarding the duties of
boards for the correction of military records
under section 1552 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 curriculum 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 members 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 DISCHARGE.
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 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 WHISTLEBLOWER 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
Services of the Senate and the House of Representatives a
report setting forth a review of the integrity of the
Department of Defense whistleblower 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 policies 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 General 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 investigated 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 necessary 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 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 purposes 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
subparagraph:
``(B) If at the time of the appointment of a judge the date
that is otherwise applicable under subparagraph (A) for the
expiration 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
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 subsections (f), (g), and (h), respectively.
SEC. 542. EFFECTIVE PROSECUTION AND DEFENSE IN COURTS-MARTIAL 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 knowledge 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 advocates with experience and skills
identified through such experience designators or skill
identifiers are assigned to develop less experienced 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 establishing 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 conducted under this
section. The report shall include the following:
(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.
SEC. 543. INCLUSION IN ANNUAL REPORTS ON SEXUAL ASSAULT PREVENTION AND
RESPONSE EFFORTS OF THE ARMED FORCES OF INFORMATION
ON COMPLAINTS OF RETALIATION IN CONNECTION WITH
REPORTS OF SEXUAL ASSAULT IN THE ARMED FORCES.
Section 1631(b) of the Ike Skelton National Defense
Authorization 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 investigating 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
complainant.
``(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.''.
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
personnel 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
investigate claims of retaliation made by or against
members of such command.
(c) Retaliation Defined.--In this section, the term
``retaliation'' 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 of
the Coast Guard when it is not operating as a service
in the Navy.
(b) Retaliation Defined.--In this section, the term
``retaliation'' 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 environment'' 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 religion, who are often the victims
of hazing.
(b) Improved Training.--Each Secretary of a military
department, 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 description 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 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
understanding 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 military 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 communities, the States, or
the Nation in sectors related to security, health, care
for the elderly, and other areas considered appropriate
by the Commission for purposes of this subtitle.
SEC. 552. PRELIMINARY REPORT ON PURPOSE AND UTILITY OF REGISTRATION
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 Representatives 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 capability 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 considered 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
of Representatives and to the Commission a review of the
procedures 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
subtitle referred to as the ``Commission''). The Commission
shall be considered an independent establishment of the Federal
Government 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
Representatives 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.
(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
necessary 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
consultants 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
to the Commission under the preceding sentence shall remain
available 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 comments 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 solicitation and shall end on or
before the date on which recommendations 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
identify 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 RECOMMENDATIONS.
(a) Context of Commission Review.--The Commission shall--
(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
subsection 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
individuals 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 military,
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 considers
appropriate.
(G) Any other matters the President
considers appropriate for purposes of this
subtitle.
(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 subsection 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
Commission establishment date, the Commission shall
transmit to the President and Congress a report
containing the findings and conclusions of the
Commission, together with the recommendations of the
Commission regarding the matters reviewed by the
Commission pursuant to this subtitle. The Commission
shall include in the report legislative language and
recommendations for administrative action to implement
the recommendations 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 transmitted 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
subsection (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
departments.--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 departments.
(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 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
Department 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 CREDENTIALS.
(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 accreditation 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.''.
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 concerning 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 VETERAN
DISABILITY COMPENSATION AND VOLUNTARY SEPARATION
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 PROGRAM.
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 APPOINTMENTS 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 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
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.''.
(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
Appointments.--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 probability 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 jointly report to 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 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
personnel who serve in vessel operating positions of
the requirements 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' 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.
(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
specified 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 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 students.
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 Representatives
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 covered 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.
(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 victims.
(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 Program 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 reasonable 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
Secretary 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 subsection (e):
``(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 appropriate 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 subsection (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' EDUCATION.
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
nonprofit 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-traumatic stress disorder.
(b) Application for Support.--
(1) In general.--Each organization seeking support
pursuant to subsection (a) shall submit to the
Secretary of Defense an application therefor containing
such information as the Secretary shall specify for
purposes of this section.
(2) Contents.--Each application submitted under
paragraph (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 contributing
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).
(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 subsection (a).
SEC. 578. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT 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
Comptroller General shall submit to the Committees on
Armed Services 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
Programs 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 members 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 special 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
recommendations in the Government Accountability Report
entitled ``Military Dependent Students, Better
Oversight Needed to Improve Services for Children with
Special Needs'' (GAO-12-680).
SEC. 579. IMPACT AID AMENDMENTS.
(a) Military ``Build to Lease'' Program Housing.--
Notwithstanding 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
Secretary 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 Education 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 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
Education 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 (whichever 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 educational agencies
(whichever average per-pupil
expenditure is greater), in the State
in which the agency is located.
(d) Payments for Eligible Federally Connected Children.--
(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 following:
``(bb)(AA) not less
than 3,500 of such
children 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)--
(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
subsection (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
determine the weighted student
units under subsection (a)(2)
with respect to children
described in subparagraphs (A)
and (B) of subsection (a)(1)
shall be 1.40; and
``(II) the factor used, for
such fiscal year, to determine
the weighted student units
under subsection (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.--
Notwithstanding any other provision of law, in
making basic support 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
redesignated 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 enactment 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 subparagraph (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.
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 Sentinel, 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 any other time limitation with
respect to the awarding of certain 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 certain 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) 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 CERTAIN ASIAN
AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER WAR
VETERANS.
(a) Review Required.--The Secretary of each military
department 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
subsection (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).
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 PRESIDENT.
(a) Repeal.--Section 9337 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning 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
implementation 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
continuum, 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.
(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
military 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 Operations 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 Operations 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
establishing 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 DISCHARGED 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 officers.
(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
department 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 allowance 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 reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. 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 Reserves to participate in the modernized retirement
system.
Sec. 632. Effect of separation of members from the uniformed services on
participation in the Thrift Savings Plan.
Sec. 633. Continuation pay for full Thrift Savings Plan members who have
completed 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 component members who die in the line of duty during
inactive-duty training.
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 uniformed 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
services are increased by 2.1 percent.
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 MEMBERS 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
structure 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 current 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 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
reenlistment 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 commuting distance.
(8) Section 910(g), relating to income replacement
payments for reserve component members experiencing
extended and frequent 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'':
(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 registered 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 specialties.
(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-qualified 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 incentive 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.
(8) Section 352(g), relating to assignment pay or
special duty pay.
(9) Section 353(i), relating to skill incentive pay
or proficiency 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 PAYMENT 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 proficiency.
(6) Section 324(g), relating to accession bonus for
new officers 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 paragraph (2):
``(2) Annual business case for payment of aviation
bonus amounts.--
``(A) In general.--The Secretary concerned
shall determine the amount of the aviation
bonus payable under paragraph (1)(B) under
agreements entered into under subsection (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.
``(B) Budget justification documents.--The
budget justification documents in support of
the budget of the President for a fiscal year
(as submitted to Congress pursuant to section
1105 of title 31) shall set forth for each
uniformed service the following:
``(i) The amount requested for the
payment of aviation bonuses under
subsection (b) using amounts authorized
to be appropriated for the fiscal year
concerned 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 manning shortfalls, a
description of any plans of the
Secretary concerned to address such
shortfalls by nonmonetary 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 CONSOLIDATION 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 paragraph (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'';
(3) in section 481a(a), by inserting ``or 351''
after ``section 310'';
(4) in section 907(d)(1)(H), by inserting ``or
351'' after ``section 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 COMMUTING 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.''.
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 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, midshipman, 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 commissioned 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 UNIFORMED 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.
SEC. 633. CONTINUATION PAY FOR FULL THRIFT SAVINGS PLAN MEMBERS 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
determine 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:
``Sec. 356. Continuation pay: full TSP members with 8 to 12 years of
service''.
(2) Table of sections.--The table of sections at
the beginning 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 ``2\1/2\ percent'' and
inserting ``the retired pay percentage (determined for the
member under section 1409(b) of this title)''.
(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 ADJUSTMENTS, 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''.
(b) Consistent Treatment of Dependent Children.--Paragraph
(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 subchapter 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 concerned, in
consultation with the surviving spouse,
determines 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 Allowance.--
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 subsection
(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 PREMIUMS 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 paragraph (2):
``(2) Deduction from combat-related special
compensation 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 compensation'' 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 compensation'' 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 United States or its possessions in support of a
contingency operation 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 ``designated duty
assignment''.
(2) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 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
Insurance: 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
designated 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 following: ``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 mentally 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)--
(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
beginning 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 pursuant
to subsection (a) shall include, but not be limited to, the
following:
(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 members of the Armed Forces and
military retirees, and a comparison 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
financial stability and resources for spouses and other
dependents when a primary family earner dies.
(2) The effectiveness of the Survivor Benefit Plan
in providing 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, especially
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 a report setting forth the results of the
assessment conducted pursuant 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 Nonappropriated Fund Instrumentality
Benefits 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 paragraph:
``(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 pursuant 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
appropriate.''.
(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.''.
(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
subsection (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 commissary 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
instrumentality 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
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
commissary 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 subsection (i)(1).
``(C) Converting the defense commissary system to a
nonappropriated 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 subsection (c):
``(c) Common Business Practices.--(1) Notwithstanding
subsections (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 services 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 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 instrumentality.''.
(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 otherwise 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 separate 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
Nonappropriated Fund Entity.--In the event that the defense
commissary 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
commissary system are appropriately credited to the
nonappropriated 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 pursuant
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.
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''.
(5) Effective date.--The amendments made by this
subsection 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 conduct 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
establish a process to expedite the review
required by this paragraph. 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 considers appropriate, in order to
achieve the completion of the review by the
date specified in subparagraph (D).
(D) Completion.--The review required by
this paragraph 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 determine whether
such members were eligible for the
contracts 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
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,
determine whether the recoupment was
unwarranted.
(B) Waiver of recoupment.--For purposes of
clause (iv) of subparagraph (A), the board of
review shall determine that waiver of
recoupment is warranted with respect to a
particular member unless the board makes an
affirmative 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 affirmative
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 evidence 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 comprehensive
review of any submissions made by the member
pursuant 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--
(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
payment 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
completion 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 payment 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 notified 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 experienced 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 ``consumer 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 (1), for activities in connection
with the review, for repayments pursuant to paragraph
(4)(B), and for activities under paragraph (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 Representatives a report on
the review conducted pursuant to paragraph (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 contracts reviewed pursuant
to paragraph (2)(A)(i), and the amounts
of such pays paid under each such
contract.
(iii) The number of student loan
repayment contracts 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 contracts, 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
Representatives 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 pays
and repayments and of managerial abuse
in the payment of such pays and
repayments.
(ii) An assessment whether the
procedures, processes, 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 General 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 Department of Defense impose a flat
rate per diem for meals and incidental expenses for
authorized travelers on long-term temporary duty
assignments that is at a reduced rate compared to the
per diem rate otherwise applicable, the Secretary
concerned 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
concerned or an officer to whom the authority pursuant to
subsection (a) is delegated pursuant to subsection (b) may
waive any requirement for the submittal of receipts by
travelers on long-term temporary 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
negatively 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.
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 medical 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
contracts for TRICARE program.
Sec. 706. Establishment of high performance military-civilian integrated
health delivery 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
National 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 participation in the Federal Employees Dental and Vision
Insurance Program.
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 carrying 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 infrastructure 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 certain 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 mental 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 pharmacies 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-traumatic stress.
Sec. 746. Department of Defense study on preventing the diversion of
opioid medications.
Sec. 747. Incorporation into survey by Department of Defense of
questions on experiences 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
departments.
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:
``Sec. 1075. TRICARE Select
``(a) Establishment.--(1) Not later than January 1, 2018,
the Secretary of Defense shall establish a self-managed,
preferred-provider 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 restrictions 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 covered 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
requirements 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
calculated pursuant to subsection (d)(1).
``(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 beneficiaries who are eligible to enroll in the
TRICARE program by reason of being a member or former
member of the uniformed 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 calculated pursuant to subsection (d)(1) as if
the beneficiary were in the active-duty family member
category or the retired category, as applicable, except
that the premiums calculated pursuant 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 paragraph (2) for subsequent years:
----------------------------------------------------------------------------------------------------------------
Active-Duty Family Member Retired (Individual/
``TRICARE Select (Individual/Family) Family)
----------------------------------------------------------------------------------------------------------------
Annual Enrollment $0.................................... $450 / $900
----------------------------------------------------------------------------------------------------------------
Annual deductible E4 & below: $50 / $100 $150 / $300 Network
E5 & above: $150 / $300 $300 / $600 out of
network
----------------------------------------------------------------------------------------------------------------
Annual catastrophic cap $1,000................................ $3,500
----------------------------------------------------------------------------------------------------------------
Outpatient visit civilian network $15 primary care...................... $25 primary care
$25 specialty care.................... $40 specialty care
...................................... .......................
Out of network: 20%................... 25% of out of network
----------------------------------------------------------------------------------------------------------------
ER visit civilian network $40 network........................... $80 network
20% out of network.................... 25% out of network
----------------------------------------------------------------------------------------------------------------
Urgent care civilian network $20 network........................... $40 network
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 civilian network $15................................... $60
----------------------------------------------------------------------------------------------------------------
Durable medical equipment civilian network 10% of negotiated fee................. 20% network
----------------------------------------------------------------------------------------------------------------
Inpatient visit civilian network $60 per network admission............. $175 per admission
network
...................................... .......................
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 network............ 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
Certain Beneficiaries Eligible Prior to 2018.--(1) Subject to
paragraph (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 paragraph (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
establishes the annual enrollment fee under paragraph (1), the
Secretary shall adjust the catastrophic cap amount to be $3,500
for beneficiaries described in subsection (c)(2)(B) in the
retired category 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
beneficiaries 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 providers 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 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:
``Sec. 1075a. TRICARE Prime: cost sharing
``(a) Cost-sharing Requirements.--The cost-sharing
requirements under TRICARE Prime are as follows:
``(1) There are no cost-sharing requirements for
beneficiaries 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
subparagraph (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 beneficiaries who are eligible to enroll in the
TRICARE program by reason of being a member or former
member of the uniformed 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
subsequent years:
----------------------------------------------------------------------------------------------------------------
Active-Duty Family Member Retired (Individual/
``TRICARE Prime (Individual/Family) Family)
----------------------------------------------------------------------------------------------------------------
Annual Enrollment.............................. $0.................................... $350 / $700
----------------------------------------------------------------------------------------------------------------
Annual deductible.............................. No.................................... No
----------------------------------------------------------------------------------------------------------------
Annual catastrophic 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 civilian network................... $0.................................... $30 network
----------------------------------------------------------------------------------------------------------------
Ambulatory surgery civilian network............ $0.................................... $60 network
----------------------------------------------------------------------------------------------------------------
Ambulance civilian network..................... $0.................................... $40
----------------------------------------------------------------------------------------------------------------
Durable medical equipment civilian network..... $0.................................... 20% of negotiated fee,
network
----------------------------------------------------------------------------------------------------------------
Inpatient visit civilian network............... $0.................................... $150 per admission
----------------------------------------------------------------------------------------------------------------
Inpatient skilled nursing/rehab civilian....... $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 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.
``(c) Special Rule for Amounts Without Referrals.--
Notwithstanding subsection (b)(1), the cost-sharing amount for
a beneficiary 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 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:
``Sec. 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
paragraph (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 Certain
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 Secretary; or''.
(2) Application.--The Secretary of Defense shall
implement 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, United
States Code, as amended by paragraph (1), a
covered 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 subsequent 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 implementing 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 individual 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 implementation plan to improve access to
health care for TRICARE beneficiaries 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 network 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 beneficiaries with respect to network
adequacy and the availability of health care
providers;
(F) establish requirements for mechanisms
to monitor the responses to complaints by
beneficiaries;
(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 determines 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 Representatives 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 program.
(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 Program.--
(1) In general.--Not later than January 1, 2018,
the Secretary 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;
(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 identified 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 program and
the estimated costs of those contract
modifications.
(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 Committees on Armed Services of
the Senate and the House of Representatives a
review and assessment of the preliminary
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
paragraph (2)(A) resulted in--
(I) increased adherence to
medication regimens;
(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 covered
beneficiaries.
(iii) Such recommendations for
incentivizing the use of high-value
medications and services to improve
health outcomes and the experience of
care for beneficiaries as the
Comptroller General considers
appropriate.
(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
paragraph (2)(A) resulted in--
(I) increased adherence to
medication regimens;
(II) improvement of quality
measures;
(III) improvement of health
outcomes; and
(IV) enhancement of
experience of care for covered
beneficiaries.
(iii) A cost-benefit analysis of
the implementation of value-based
health care methodology in the
purchased 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.
(4) The term ``high-value medications and
services'' means prescription medications and clinical
services for the management 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
equipment).
(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
programs carried out by the Secretary of Defense under
this chapter and any other provision of law providing
for the furnishing of medical and dental care and
health benefits to members 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 paragraphs:
``(11) The term `TRICARE Extra' means the
preferred-provider option of the TRICARE program made
available prior to January 1, 2018, under which TRICARE
Standard beneficiaries 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 rates and conditions as
apply to persons covered under that section.''.
(B) Section 1076d is amended--
(i) in subsection (d)(1), by
inserting after ``coverage.'' 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 ``coverage.'' 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 coverage
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'';
(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:
``Sec. 1073c. Administration of Defense Health Agency and military
medical treatment facilities
``(a) Administration of Military Medical Treatment
Facilities.--(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 provided 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 subsections (b) and (c).
``(b) DHA Assistant Director.--(1) There is in the Defense
Health Agency an Assistant Director for Health Care
Administration. 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
following:
``(A) Establishing priorities for health care
administration and management.
``(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 treatment facilities.
``(D) Establishing policies, procedures, and
direction for clinic management and operations at
military medical treatment 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
Information 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 medical treatment facilities.
``(2)(A) There is in the Defense Health Agency a Deputy
Assistant 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
Assistant 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 facilities.
``(4)(A) There is in the Defense Health Agency a Deputy
Assistant 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
paragraphs (1) through (4) shall report directly to the
Assistant Director for Health Care Administration.
``(d) Certain Responsibilities of DHA Director.--(1) In
addition 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 responsibilities 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 following:
``(A) Ensuring that the Defense Health Agency meets
the operational needs of the commanders of the
combatant commands.
``(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.
``(2) The term `Defense Health Agency' means the
Defense Agency established pursuant to Department of
Defense Directive 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 subparagraph (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:
``Sec. 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 Operations 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.''.
(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:
``Sec. 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 equivalent
employees, and contractors relating to the
headquarters 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 containing--
(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 containing 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
September 1, 2017; and
(ii) a review of the final version
of the plan submitted under paragraph
(2) by not later than September 1,
2018.
(B) Each review of the plan conducted under
subparagraph (A) shall determine whether the
Secretary has addressed the required elements
for the plan under subsection (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:
``Sec. 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 facilities 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
members of the armed forces and covered beneficiaries.
``(2) Medical centers shall serve as referral facilities
for members 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.
``(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 transplantation, 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 excellence 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.
(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 restructuring 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 expansions or consolidations of such
facilities.
(2) Report described.--The report described in this
paragraph 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 implementation plan to restructure or
realign the military medical treatment 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 restructured 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 restructuring;
(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 accessibility, including with
respect to types of services provided;
(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 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 providing health care at
the facility, with a focus on
challenges 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
beneficiary'' 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:
``Sec. 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
without 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 provider 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 of health care required to treat the medical
conditions of the beneficiaries, 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 beneficiaries between the hours determined appropriate
under paragraph (2), including with respect to expanded hours
described in subparagraph (B) of such paragraph.
``(2)(A) The Secretary shall determine the hours that each
primary 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 program; 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
treatment facility determined under subparagraph (A) shall
include expanded hours beyond regular business hours during
weekdays and the weekend if the Secretary determines under such
subparagraph that sufficient demand exists at the military
medical treatment facility for such expanded primary care
clinic hours.''.
(b) Clerical Amendment.--The table of sections at the
beginning 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
implement--
(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 beneficiaries 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
incentive programs under paragraph (1), the
Secretary shall--
(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 program 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 purpose
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 Government, 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
Secretary 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 beneficiaries;
(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.--
(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
paragraph (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
methodologies, including through the use of
value-based incentive programs under subsection
(a), that transfer financial risk to health
care providers and managed care support
contractors.
(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 experience 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.
(G) The adoption of a streamlined process
for enrollment 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 beneficiaries 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 developing 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 specialty 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 networks 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 outcomes, 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.--
(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 military medical treatment
facilities and network providers;
(iii) the maximum use of the full
range of telehealth 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
intervention 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
beneficiaries.
(C) Whether the Department has considered,
in developing 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
locations.
(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 covered
beneficiaries; and
(IV) an enhanced experience
of care for covered
beneficiaries.
(f) Definitions.--In this section:
(1) The terms ``covered beneficiary'' and ``TRICARE
program'' 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 behaviors.
(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 appropriate.
(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 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
beneficiaries;
(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 Department; 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
continuum 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
appropriate;
(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, wasteful 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 facilities and health maintenance
organizations, health care centers of excellence,
public or private academic medical institutions,
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 military-
civilian integrated health delivery systems established
under subsection (a).
(3) Value-based reimbursement methodologies.--The
Secretary shall incorporate value-based reimbursement
methodologies, 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
understanding or contract entered into under paragraph
(1) shall ensure that the quality of services received
by covered beneficiaries 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
subsection (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 709 into clinical practice.
(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 professional 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
instruction 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
rehabilitation 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
partnerships with civilian academic medical centers and
large metropolitan teaching hospitals that have level I
civilian trauma 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
academic medical centers and large metropolitan
teaching hospitals to enter into partnerships under
paragraph (1) based on patient volume, acuity, and
other factors the Secretary determines 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 medical 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 medical specialty.
(3) Implementation.--The Secretaries of the
military departments shall carry out the plan
established under paragraph (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
partnerships 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 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 Secretary 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
appointment 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 centralized appointment scheduling capability for
covered beneficiaries that includes the ability to
schedule appointments manually via telephone as
described in paragraph (2) or automatically 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 following:
(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
prefers to be reminded of future
appointments, which may include
reminder telephone calls, emails, or
cellular text messages to the covered
beneficiary at specified 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 subsection
(a).
(B) Capabilities of online system.--The
online scheduling system implemented under
subparagraph (A) shall have the following
capabilities:
(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
appointment data.
(d) Standards for Productivity of Health Care Providers.--
(1) In general.--The Secretary shall implement
standards for the productivity of health care providers
at military treatment 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 determined 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 Secretary 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 covered beneficiary missing an
appointment.
(B) A comparison of the number of missed
appointments for specialty care versus primary
care.
(C) An estimate of the cost to the
Department of Defense of missed appointments.
(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:
``Sec. 1076f. TRICARE program: extension of coverage for certain
members of the National Guard and dependents 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 subsection (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
performed 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.''.
(b) Clerical Amendment.--The table of sections at the
beginning 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 National 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 Management 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 extension 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 coverage to current and former members of
the Selected Reserve the Secretary considers
appropriate.
(3) Consultation.--In carrying out the study under
paragraph (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
subparagraph (A) shall include the following:
(i) A description of the health
care coverage options addressed by the
Secretary under paragraph (2).
(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 current members of
the Selected Reserve.
(vi) An estimate of the cost of
implementing such recommended best
option.
(vii) Any legislative language
required to implement 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 members 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 component members, at the election of
the member, in a health benefits plan under
paragraph (4) during an open enrollment 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 benefits 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 determined
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 coverage 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 contracted for under this subsection--
(i) may vary by type of plan
design, covered benefits, 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.
(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 pharmaceutical, 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 services 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 covered 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.--
(i) In general.--Except as provided
in clause (ii), an eligible reserve
component member shall pay an annual
premium amount calculated under
subparagraph (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 separate
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 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 benefits) shall supersede
and preempt any conflicting State or
local law.
(B) Evaluation of financial solvency.--The
Director shall perform a thorough evaluation of
the financial 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 consultation 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
Secretary 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 subsection 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 beneficiaries 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
(ii) to pay the costs of
administering this subsection.
(14) Reports.--
(A) Initial reports.--Not later than one
year after the date on which the Secretary
establishes the pilot program, 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
subparagraph (A) shall include, with respect to
the year covered by the report, the following:
(i) The number of eligible reserve
component beneficiaries 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 Department of Defense.
(iv) The estimated cost savings, if
any, to the Department of Defense.
(v) The average cost to the
eligible reserve component 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 pursuant 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.
(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 PROGRAM.
(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
subsection (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
prescription, order, or recommendation, for the
dietary management of a covered disease or
condition;
``(ii) a specially formulated and processed
product (as opposed to a naturally occurring
foodstuff used in its natural state) for the
partial or exclusive feeding of an individual
by means of oral intake or enteral feeding by
tube;
``(iii) intended for the dietary management
of an individual who, because of therapeutic or
chronic medical needs, has limited or impaired
capacity to ingest, digest, absorb, or
metabolize ordinary foodstuffs or certain
nutrients, or who has other special medically
determined nutrient requirements, the dietary
management of which 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 individual 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
gastrointestinal tract;
``(D) a neurological or physiological condition;
and
``(E) such other diseases or conditions the
Secretary determines 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 purposes 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 entered into under
subparagraph (B) should be an eligible
individual for purposes of this chapter; and
``(ii) does not include an individual
covered under section 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 individuals 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 individual 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 individual 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
paragraph (1) by entering into an agreement with the Director
of the Office of Personnel Management to allow persons
described in subsection (b) to enroll in an insurance plan
under chapter 89A of 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 paragraph (2) during the period beginning
on the date of the enactment of this Act and ending on
December 31, 2018, the Secretary 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 components 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
various 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 paragraph (1).
(c) Definitions.--In this section, the terms ``covered
beneficiary'' 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--
(1) the evaluation and treatment of the individual
is necessary to attain the relevant mix and volume of
medical casework required to maintain medical readiness
skills and competencies of health care providers at the
facility;
(2) the health care providers at the facility have
the competencies, skills, and abilities required to
treat the individual; and
(3) the facility has available space, equipment,
and materials 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 veterans 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 methodology (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 MILITARY 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 supervision;
(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
(F) to reduce health care costs for covered
beneficiaries and the Department of Defense.
(2) Types of telehealth services.--The telehealth
services 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
appointments; and
(C) allow health care providers, through
video conference, telephone or tablet
applications, or home health monitoring
devices--
(i) to assess and evaluate disease
signs and symptoms;
(ii) to diagnose diseases;
(iii) to supervise treatments; and
(iv) to monitor health outcomes.
(b) Coverage of Items or Services.--An item or service
furnished 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 Secretary
shall reduce or eliminate, as the Secretary considers
appropriate, copayments or cost shares for covered
beneficiaries in connection 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 standardized 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, throughout the direct care and
purchased care components of the military
health system, the use of telehealth services
as 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
subparagraph (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 Department.
(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 purchased 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 covered
beneficiaries of health care
services in military 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
paragraphs (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
beneficiary'' 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 VACCINATION PROGRAMS
FOR COSTS OF VACCINES PROVIDED TO COVERED
BENEFICIARIES.
(a) Reimbursement.--
(1) In general.--The Secretary of Defense may
reimburse an amount determined under paragraph (2) to
an entity carrying 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 purchase 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
vaccination 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 POSITIONS.
(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:
``Sec. 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
``(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 Department or of a
contractor of the Department.
``(3) The term `conversion', with respect to a
military medical 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 department 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 document 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
Secretary 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 requirements 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 operational 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:
``Sec. 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--
``(1) that the Department of Defense shall provide
to members 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 Secretary of Defense;
``(4) paid during the fiscal year in which
treatment or care is provided; and
``(5) subject to adjustment or reconciliation as
the Secretaries determine appropriate during or
promptly after such fiscal year in cases in which the
prospective payment is determined 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
provided 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).
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 `University') 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 undergraduate 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
Prohibited.--''.
SEC. 725. ADJUSTMENT OF MEDICAL SERVICES, PERSONNEL AUTHORIZED
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 personnel 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 facilities--
(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 medical 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 sustained 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 specialized 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
program'' 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 capabilities, 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 OUTCOMES AND
IMPROVE QUALITY OF HEALTH CARE SERVICES 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 medical treatment facilities, as selected
by the Secretary;
(2) to incorporate such best practices into the
daily operations 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 purposes 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
guidelines 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
clinical 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
implementation 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 guidelines.
(f) Updating.--The Secretary shall periodically update the
clinical 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
continuous 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 acquisition 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 requirement that all the military medical
treatment facilities that provide direct care
use contracts described under paragraph (1).
(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 military health system, the
amount of funds expended on contracts 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 Collaborative 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:
(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
Secretary''; and
(ii) by adding at the end the
following new sentence: ``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 publication 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 BENEFICIARIES.
(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 conditions described in paragraph
(2) who met participation milestones, as determined by
the Secretary, in the previous year in such medical
intervention programs.
(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, coronary artery
disease, mood disorders, obesity, and such other
diseases or conditions as the Secretary determines
appropriate.
(b) Lifestyle Intervention Incentive Program.--The
Secretary 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
maintenance 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 Secretary 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 beneficiaries; and
(ii) lowering per capita health
care costs for the Department of
Defense.
(e) Regulations.--Not later than January 1, 2018, the
Secretary shall prescribe an interim final rule to carry out
this section.
(f) Definitions.--In this section, the terms ``covered
beneficiary'' 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 MILITARY 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 military and civilian leader in the military
health system, as determined 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
individuals 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
accountability 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
subsection (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.
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 MEMBERS 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 program 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 program.
(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 advisability of extending or expanding the
pilot program.
SEC. 743. PILOT PROGRAM FOR PRESCRIPTION DRUG ACQUISITION COST PARITY
IN THE TRICARE PHARMACY BENEFITS PROGRAM.
(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
section 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
program 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 program.
(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
(E) a summary of any fraud and abuse
activities related to the pilot and actions
taken in response by the Department.
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 following categories to participate in
the pilot program:
(A) Medical centers.
(B) Hospitals.
(C) Ambulatory care centers.
(2) OCONUS locations.--Of the military medical
treatment facilities selected under each category
described in subparagraphs (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 paragraph (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 pharmaceutical 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.
(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
completion 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 subsections (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
productivity;
(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 treatment facilities.
(g) Qualified Medical Professional Defined.--In this
section, 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 practices at military treatment facilities
of pharmaceutical agents for the treatment of post-
traumatic stress;
(2) implement a process or processes to monitor the
prescribing practices at military treatment facilities
of pharmaceutical agents that are discouraged from use
under the VA/DOD Clinical Practice Guideline for
Management of Post-Traumatic 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.
(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 SERVICES 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 experiences 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 conditions 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 established 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
(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 subparagraphs (A), (B), and (C) on the
health care experience of such family members.
(F) Recommendations for changes in policies
and procedures under the TRICARE program, or
other administrative action by the Secretary,
to remedy or mitigate difficulties 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 completing 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
beneficiary'' 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
medical 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
(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 medical 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 subsection (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 assessment of the elements
of the process established under subsection (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
potential 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
conditions is observed among such pilots, an
explanation of--
(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 medical events.
(C) Processes for ensuring program
integrity by identifying 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 program.
(F) Processes for assessing and overseeing
the efficiency 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 appropriate, including eliminating
waste and inefficiency in the direct and
purchased care components of the military
health system.
(c) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meaning given
those terms in section 1072 of title 10, United States Code.
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 Assistant 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 acquire 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 contracts.
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
performance.
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 evaluation.
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 programs.
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
program definition and program execution periods.
Sec. 863. Purposes for which the Department of Defense Acquisition
Workforce Development Fund may be used; advisory panel
amendments.
Sec. 864. Department of Defense Acquisition Workforce Development Fund
determination adjustment.
Sec. 865. Limitations on funds used for staff augmentation contracts at
management headquarters of the Department of Defense and the
military departments.
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 commercial items and commercially available
off-the-shelf items.
Sec. 875. Use of commercial or non-Government standards in lieu of
military specifications 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 commercial 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-Defense 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
Contracting 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
subparagraph:
``(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 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
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) 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 services
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 following new
subparagraph:
``(C) In the case of a determination by the
Secretary under paragraph (3)(A) 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), the Secretary shall notify
the congressional 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 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).''.
SEC. 802. AUTHORITY FOR TEMPORARY SERVICE OF PRINCIPAL MILITARY
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 Secretary 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 Principal 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 Acquisition.--
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
Acquisition, 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
Department 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 procurement of services, including those
personnel not designated as members of the acquisition
workforce.
(2) Identification of training and professional
development opportunities and alternatives.--The
guidance required under paragraph (1) shall identify
training and professional development opportunities and
alternatives, not limited to existing Department of
Defense institutions, that focus on and provide
relevant training and professional development in
commercial business models and contracting.
(3) Treatment of training and professional
development.--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 by the milestone
decision authority concerned, that could prevent 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 appropriations 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
redesignated, 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''.
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 Systems 2446a
``II. Development, Prototyping, and Deployment of Weapon System
Components and Technology........................... 2447a
``III. Cost, Schedule, and Performance of Major Defense
Acquisition Programs................................ 2448a
``SUBCHAPTER I--MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF WEAPON
SYSTEMS
``Sec.
``2446a. Requirement for modular open system approach in major defense
acquisition programs; definitions.
``2446b. Requirement to address modular open system approach in program
capabilities development and acquisition weapon system design.
``2446c. Requirements relating to availability of major system
interfaces and support for modular open system approach.
``Sec. 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;
``(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 elements; 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
improvements, 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.
``Sec. 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
performance are likely to evolve during the life cycle
of the system because of evolving technology, threat,
or interoperability needs; and
``(2) for requirements that are expected to evolve,
the minimum acceptable capability that is necessary for
initial operating capability of the major defense
acquisition program.
``(b) Analysis of Alternatives.--The Director of Cost
Assessment 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, prototyping, 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 acquisition program;
``(3) clearly describe the evolution of major
system components 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 components,
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
``(C) the Government has arranged to obtain
appropriate 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.
``Sec. 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 appropriate, with elements of
the intelligence community with respect to the
specification, identification, development, and
maintenance 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 development expertise and resources are available
to support the use of a modular open system approach in
requirements development 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 additional 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 requirements 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);
(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 DEPLOYMENT OF WEAPON
SYSTEM COMPONENTS OR TECHNOLOGY
``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.
``Sec. 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, development, 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 capability areas and technologies being funded
or expected to be funded during the fiscal year
concerned.
``(c) Definitions.--In this section, the terms `budget' and
`defense budget materials' have the meaning given those terms
in section 234 of this title.
``Sec. 2447b. Weapon system component or technology prototype projects:
oversight
``(a) Establishment.--The Secretary of each military
department 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 portfolio areas for conducting prototype
projects, based on assessments 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 commercial 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 portfolios.
``(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.
``(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 financial 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 component prototype and technology
projects completed and tested during the
preceding six months.
``Sec. 2447c. Requirements and limitations for weapon system component
or technology prototype projects
``(a) Limitation on Prototype Project Duration.--A
prototype 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 prototypes that address one or more of the
elements set forth in subsection (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 Secretary'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.
``Sec. 2447d. Mechanisms to speed deployment of successful weapon
system component or technology prototypes
``(a) Selection of Prototype Project for Production and
Rapid Fielding.--A weapon system component or technology
prototype 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 procedures, notwithstanding the requirements of
section 2304 of this title, if--
``(1) the follow-on production project addresses a
high priority 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
demonstrated 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 procurement 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.
``Sec. 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 paragraph (8):
``(8) that, with respect to a program initiated
after January 1, 2019, technology shall be developed in
the program (after Milestone A approval) only if the
milestone decision authority determines with a high
degree of confidence that such development will not
delay the fielding target of the program, or, if the
milestone decision authority does not make such
determination 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 environment (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 acquisition programs.
``2448b. Independent technical risk assessments.
``Sec. 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 evolution of capabilities to meet changing threats,
technology insertion, 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.
``(2) The term `initial capabilities document' has
the meaning provided in section 2366a(d)(2) of this
title.
``Sec. 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
Secretary 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.--
Effective 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 Acquisition
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 subsection (b):
``(b) Adherence to Requirements in Major Defense
Acquisition Programs.--The Secretary of the military department
concerned shall ensure that the program capability document
supporting 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
(3) by adding at the end of subsection (d), as so
redesignated, 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 Assistant Secretary'' and all that follows through
``Test and Evaluation'' 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 program and the estimated date for
initial operational capability for the baseline
description for the program (established 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 PROGRAMS.
(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 congressional
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
``(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 technologies or
manufacturing processes that need to be
matured.
``(F) A summary of any sufficiency review
conducted by the Director of Cost Assessment
and Program Evaluation of the analysis of
alternatives performed for the program (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 intelligence or intelligence-related
activities, the congressional intelligence 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 case of intelligence or
intelligence-related activities, the congressional
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
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) 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
operational 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 technologies 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
certifications 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 intelligence or intelligence-related
activities, the congressional intelligence 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 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:
``Sec. 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
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
congressional intelligence committees a brief summary report
that contains the following:
``(1) The estimated cost and schedule for the
program established 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 established 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 subsection.
``(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.''.
(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
Exclusively 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 pertaining to a major system component''.
(b) Rights Relating to Interface or Major System
Interface.--Subsection (a)(2) of section 2320 of such title is
further amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (H) and (I), respectively;
(2) in subparagraph (B), by striking ``Except as
provided in subparagraphs (C) and (D),'' and inserting
``Except as provided 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 practicable. 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.--
Notwithstanding 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 processes that was developed in part
with Federal funds and in part at private expense,
except in any case in which the Secretary 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.--
Notwithstanding 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 the Secretary of Defense determines that
negotiation of different 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 reasonable compensation for such
technical data.''.
(c) Amendment Relating to Deferred Ordering.--Subsection
(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 Readability.--
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 private 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 sections 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
(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 distinct 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 recommendations 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 Contracting Authorities, Procedures,
and Limitations
SEC. 811. MODIFIED RESTRICTIONS ON UNDEFINITIZED CONTRACTUAL ACTIONS.
Section 2326 of title 10, United States Code, is amended--
(1) in subsection (e)--
(A) by redesignating paragraphs (1) and (2)
as subparagraphs (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 subsections:
``(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
command 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 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 meaningful 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) Inventory 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 subsections (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.''.
(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
paragraphs:
``(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 Government 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 missions,
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
Department 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
enactment 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 technical 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 competing 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;
(5) the contracting officer has included a
justification for the use of a lowest price technically
acceptable evaluation methodology 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 Acceptable
Source Selection Criteria in Certain Procurements.--To the
maximum extent practicable, the use of lowest price technically
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 contingency 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 acceptable 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 contracting 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 suppliers 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'';
(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 suppliers 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
paragraphs:
``(3) in support of a request from the Secretary of
State or the Administrator of the United States Agency
for International 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.
``(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 SECURITY
CAPABILITIES.
Subsection (d) of section 806 of the National Defense
Authorization 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 possible, is a
representative of a public accounting firm''
after ``systems'';
(B) by redesignating subsections (c)
through (f) as subsections (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 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
provisions 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:
``Sec. 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.
``(2) A member appointed under paragraph (1)(A) may not
continue 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 procedures 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 Department 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
without performing additional audits, a summary of audit
findings prepared by a commercial auditor if--
``(A) the auditor previously performed an audit of
the allowability, 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 established 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
commercial 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.''.
(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
Comptroller General of the United States shall submit to the
congressional 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:
``Sec. 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
beginning 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 competition'' 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
contractor required to submit certified cost or pricing
data under subsection (a) with respect to a prime
contract shall be responsible 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.''.
(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 DEVELOPMENT COSTS ON
CERTAIN CONTRACTS.
(a) Independent Research and Development Costs: Allowable
Costs.--
(1) In general.--Section 2372 of title 10, United
States Code, is amended to read as follows:
``Sec. 2372. Independent research and development 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 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
regulations prescribed under subsection (a) may include the
following provisions:
``(1) Controls on the reimbursement of costs to the
contractor for expenses incurred for independent
research and development to ensure that such costs were
incurred for independent 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 development 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 pursuant to subsection (c)(3)(A).
``(e) Effective Date.--The regulations prescribed under
subsection (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''.
(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:
``Sec. 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
regulations 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 experiences 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
congressional 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.
``(e) Effective Date.--The regulations prescribed under
subsection (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 practices relating
to expenses incurred by contractors for bids and
recommendations for changes to such laws, regulations,
or practices 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 paragraphs (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
subsection 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--
``(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 pursuant
to section 2304c(b) of this title of a
task or delivery order under any
contract resulting from the
solicitation.
``(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 requirements 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 competitive 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 EQUIPMENT,
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.''.
SEC. 828. DEFENSE ACQUISITION CHALLENGE PROGRAM AMENDMENTS.
(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 subsection:
``(j) Treatment of Use of Certain Procedures as Use of
Competitive Procedures.--The use of general solicitation
competitive 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 section is
further amended in paragraph (5) of subsection (l), as
redesignated 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
proposal 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-systems''.
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.
(b) Approval Requirement for Certain Cost-type Contracts.--
(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
subsection (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 program under this subsection expires on January
1, 2020.
SEC. 831. PREFERENCE FOR PERFORMANCE-BASED CONTRACT PAYMENTS.
(a) In General.--Section 2307(b) of title 10, United States
Code, is amended--
(1) in the subsection heading, by inserting
``Preference for'' before ``Performance-based'';
(2) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively;
(3) by striking ``Wherever practicable, payment
under subsection (a) shall be made'' and inserting
``(1) Whenever practicable, 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
contractor'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
Supplement 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
acquisition 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 PROVISIONS.
(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.''.
(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
`simplified 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 controlled 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.
(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
capability.--
(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
section, 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
programs 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
subsection (a) shall recognize outstanding performers whose
approach to program management emphasizes innovation and local
adaptation, 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
flexibilities.
SEC. 835. PROTECTION OF TASK ORDER COMPETITION.
(a) Amendment to Value of Authorized Task Order Protests.--
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 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 appropriation 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
disproportionate 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
section.
SEC. 837. CLOSEOUT OF OLD DEPARTMENT OF THE NAVY CONTRACTS.
(a) Authority.--The Secretary of the Navy may close out
contracts 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
(2) remaining contract balances may be offset with
balances on other contracts regardless of the year or
type of appropriation 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 official, 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 paragraph (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 adjustments or closeout made pursuant to the
authority under this section.
(g) Expiration of Authority.--The authority under this
section shall expire upon receipt of the funds identified in
subsection (c)(1).
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 ESTIMATION 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
subprograms--''; 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 Logistics, 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 subsection (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 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 potential impacts of risk on program costs,
and approaches to mitigate risk in cost estimates for
major defense acquisition programs 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 Government
performance and that such estimates
provide''; and
(ii) by inserting ``or subprogram''
after ``the program''; 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 redesignated), 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;
(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 program''; 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 production 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 programs, including cost data and
intellectual property requirements, is available to
inform decisions made during those processes.
(2) If such information exists, an evaluation of
the completeness, 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;
(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 constraints of the organic
industrial base and the materiel
commands of the military department
concerned;
(C) the extent to which such strategies or
their elements 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
departments 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 estimating, 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 partnerships, 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 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 OPERATIONAL 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 departments,'' 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 departments''.
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 ACQUISITION 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
subparagraphs (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
program' 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 submitted 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 decision authority, when the milestone
decision authority is the service acquisition executive
of the military department that 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
department 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.--Section
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 opportunities to use the rapid
fielding pathway to reduce total ownership
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:
``Sec. 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 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 efficiencies compared to the projected fuel
efficiencies as demonstrated 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 department 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 Authorization 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
Initiative.--
(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 military legacy systems
through the rapid development of prototypes and
fielding of production items based on current
commercial 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
investment associated with the peacetime
operation of a weapon system;
(B) take advantage of the commercial
sector's technological 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
commercial operational and support savings
initiative shall consist of two phases, Phase I
and Phase II.
(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 agreement 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 provide 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 Secretary 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 satellites 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 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) calculated 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 programs.
(b) Sunset.--The requirement to submit a report under
subsection (a) shall not apply after the Secretary submits the
report covering fiscal year 2020.
SEC. 852. WAIVER OF CONGRESSIONAL NOTIFICATION FOR ACQUISITION 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 DEMONSTRATION
PROGRAM.
(a) Authority.--The Secretary of Defense may conduct a
multiyear contract, over a period of up to four years, for the
purchase of units for multiple defense programs that are
produced at common facilities at a high rate, and which
maximize commonality, efficiencies, and quality, in order to
provide maximum benefit to the Department of Defense. Contracts
awarded under 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 performance.
(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 PROGRAM.
(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
performance 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
mission integration management activities for each mission area
specified 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
activities shall be performed by qualified personnel from the
acquisition and operational communities.
(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 opportunities;
(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
commands on the development of concepts of operation
and operational 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 executive agencies;
``(B) oversee implementation of program and
project management for the standards, policies,
and guidelines established under subparagraph
(A);
``(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 Management
Improvement Officers designated under section
1126(a)(1) to assess the quality and
effectiveness of program 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 Program
Management Policy Council.--
(1) Amendment.--Chapter 11 of title 31, United
States Code, is amended by adding at the end the
following:
``Sec. 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
established by the agency under section 503(c);
and
``(B) develop a strategy for enhancing the
role of program managers within the agency that
includes the following:
``(i) Enhanced training and
educational opportunities 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 containment for
large projects and programs.
``(ii) Mentoring of current and
future program managers by experienced
senior executives and program managers
within the agency.
``(iii) Improved career paths and
career opportunities 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 disseminating 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
subsection 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 designee
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 Management of the Office of Management and
Budget;
``(B) review programs identified as high
risk by the Government Accountability Office
and make recommendations 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;
``(D) advise on the development and
applicability of standards governmentwide for
program management transparency; and
``(E) review the information published on
the website of the Office of Management and
Budget pursuant to section 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 Electronic
Government.
``(III) The Administrator
of Federal Procurement 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
Chairperson.
``(B) Chairperson and vice chairperson.--
``(i) In general.--The Deputy
Director for Management 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 section
1126(a)(2)(B) of such title, as added by paragraph (1).
(c) Program and Project Management Personnel Standards.--
(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 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
effectiveness 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 subsection (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 PROGRAM MANAGERS
FOR PROGRAM DEFINITION AND PROGRAM 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 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''.
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--
(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 practices 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
Purposes.--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 regulations. The panel shall be supported by the
Defense Acquisition University and the National Defense
University, including administrative 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.''.
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 Authorization 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 established 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 DEPARTMENTS.
(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 military departments may not
exceed an amount equal to the aggregate amount expended
by the Department for contract services for staff
augmentation contracts at management headquarters 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.
(2) The term ``staff augmentation contracts'' means
services contracts for personnel who are physically
present in a Government 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 missions,
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:
``Sec. 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 executive 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
recommendation for appointment as a Senior Military
Acquisition Advisor shall be made competitively, and
shall be based upon demonstrated experience and
expertise in acquisition.
``(2) Officers eligible.--Officers shall be
selected for recommendation 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
experience. An officer selected for recommendation for
appointment 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 military 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
programmatic advice to the service acquisition executive of the
officer's military department on matters pertaining to the
Defense Acquisition System, including matters pertaining to
procurement, research and development, advanced technology,
test and evaluation, production, program management, systems
engineering, and lifecycle logistics.''.
(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 authorized 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.
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 subsection (d):
``(d) Market Research for Price Analysis.--The Secretary of
Defense shall ensure that procurement officials in the
Department 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 paragraph (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 COMMERCIAL 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 commercial item
determinations, conducting market research, and
performing 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 determinations, market research, and
analysis used to determine the reasonableness of price
for the purposes of procurements by the Department of
Defense.''.
SEC. 874. INAPPLICABILITY OF CERTAIN LAWS AND REGULATIONS TO THE
ACQUISITION OF COMMERCIAL ITEMS AND COMMERCIALLY
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:
``Sec. 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 Contracts
for Commercial Items.--(1) The Defense Federal Acquisition
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
Subcontracts 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 paragraph (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.
``(2) A provision of law or contract clause requirement
described in subsection (e) 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 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 agreements 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 Contracts
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 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 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 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 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 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 Supplement 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
``subcontract'' includes a transfer of commercial items
between divisions, subsidiaries, or affiliates of a
contractor or subcontractor. The term does not include
agreements 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.
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
modifications, upgrades to current systems, non-developmental
and commercial 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 for Acquisition, Technology, and Logistics shall revise
the Defense Federal Acquisition Regulation Supplement to
encourage contractors to propose commercial or non-Government
standards and industry-wide practices that meet the intent of
the military specifications 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
military specifications and standards where practicable.
(e) Education, Training, and Guidance.--The Under Secretary
of Defense for Acquisition, Technology, and Logistics shall
ensure that training, education, and guidance programs
throughout the Department are revised to incorporate
specifications and standards 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, knowledge-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 services, 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 CONTRACTORS 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:
``Sec. 2380B. Treatment of commingled items purchased by contractors 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 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 following:
``(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
Contractors.--Notwithstanding section 2376(1) of this title,
services provided by a business unit that is a nontraditional
defense contractor (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:
``Sec. 2380a. Treatment of certain items as commercial items''.
(2) Table of sections.--The table of sections at
the beginning 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 program'', under which the Secretary may acquire
innovative commercial 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
subsection (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
contract or agreement under the pilot program for an
amount in excess of $100,000,000 without a written
determination from 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,
technologies, 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 consultation 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, technology, 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.
(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
subsection (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
subsection 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
congressional committees specified in this paragraph
are the Committee 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.
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
Secretary 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 conduct
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 industrial base.
(3) Identification of current authorities that
could contribute 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, procedures, and laws that would enhance the
civil-military integration 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,
universities, and nonprofit research entities to modify
commercial products or services to meet Department of
Defense requirements.
(5) Recommendations for increasing integration of
the national technology and industrial base that
supplies defense articles to the Armed Forces and
enhancing allied interoperability of forces through
changes to the text or the implementation of--
(A) section 126.5 of title 22, Code of
Federal Regulations (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 Concerning 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 comprising the national technology
and industrial base.
(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 OBJECTIVES.
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 SERVICES FOR
WEAPON SYSTEMS CONTRACTORS.
(a) Authority.--The Secretary of Defense may carry out a
six-year pilot program under which the Secretary may make
available 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 regulations 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
distribution 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 necessary 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 restrictions 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 services are to be made available
under the authority of the pilot program under
this section to any contractor awarded 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 distribution 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 Department of
Defense personnel or the contractor to correct
deficiencies 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 contract.
(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 continue in effect according to their terms.
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
business concerns to design, develop, and demonstrate
innovative prototype military platforms of significant scope
for the purpose of demonstrating new capabilities that could
provide alternatives to existing acquisition programs and
assets. The Secretary shall establish 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 pathways
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)
satellites with on-board machine learning for
automated, real-time feature extraction and predictive
analytics.
(7) Active protection system to defend against
rocket-propelled 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
contracting officers, program executive officers, and
program managers, 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 acceptable 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 contracts.
(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;
(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 venture; and
(E) the decision to file a protest with the
agency concerned, 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
contractors, 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 incumbent 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, compared 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 compared 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 valued 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--
(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 completed; 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 CONTRACTS.
(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 requirements 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.
(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 services 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 contracts.
SEC. 887. REVIEW AND REPORT ON CONTRACTUAL FLOW-DOWN PROVISIONS.
(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 institutions. The
review shall--
(1) identify the flow-down provisions that exist in
the Federal 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, universities, 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 through the use of specifying brand names or brand-name
or equivalent descriptions, or proprietary specifications or
standards, in solicitations 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
Information 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 Comptroller 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
enactment 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 SERVICES 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--
(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
administration.--Notwithstanding paragraph (1), the
Defense Contract Audit Agency may provide audit support
on a reimbursable basis for the National Nuclear
Security Administration.''.
SEC. 892. SELECTION OF SERVICE PROVIDERS FOR AUDITING SERVICES 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 REQUIREMENTS.
(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 subsection (c):
``(c) Review by Third-party Independent Auditors.--The
review process for contractor business systems pursuant to
subsection (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
certified documentation from such registered public
accounting firm that the contractor business systems of
the contractor meet the business system requirements
referred to in subsection (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 contractor 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 covered 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 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 designated 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
Department described in subsection (a) is authorized to adopt
and implement best commercial and business management practices
to achieve the goals described in such subsection.
(c) Waivers.--The Secretary shall authorize waivers of
Department 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
policies 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 priority 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.
(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 operations; 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 TECHNOLOGY
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 Innovation 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 subsections (f), (g), and (h), respectively; and
(4) by inserting after subsection (b) the following
new subsections:
``(c) Treatment as Competitive Procedures.--Use of a
technical, merit-based selection procedure or the Small
Business Innovation Research Program or Small Business
Technology Transfer Program 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 Systems.--
In executing programs under this pilot program, the Secretary
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 accounting system for the purposes of any audits required
by regulation, 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 DEPARTMENTS.
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 Secretary'' and inserting the following:
``Department of defense rapid prototyping fund.--
``(A) In general.--The Secretary'';
(3) by redesignating paragraphs (2) and (3) as
subparagraphs (B) and (C), respectively, and moving
such subparagraphs, 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 paragraph:
``(2) Rapid prototyping funds for the military
departments.--The Secretary of each military department
may establish 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, ACCOUNTABILITY,
AND INTEGRITY; DEFENSE ACQUISITION UNIVERSITY
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:
(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 University, 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
significantly 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 Acquisition, 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;
(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
competition 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
regulatory 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 statutory and regulatory requirements for
use of such procurement list; and
(8) any other duties determined necessary by the
Secretary of Defense.
(d) Consultation.--To carry out the duties described in
subsection (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
recommendations.--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
recommendations.--After the establishment of milestone
dates under paragraph (1), the Panel may review the
activities, including contracts, of the AbilityOne
Commission, the central nonprofit agencies, and the
relevant qualified nonprofit agencies to determine 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 implementing the recommendations, the
Panel shall notify the Secretary of Defense, 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.
(g) Remedies.--
(1) In general.--Upon receiving notification under
subsection (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 compliance 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 implementing 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
recommendations 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 qualified 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 recommendations 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
submitting 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 Commission 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 Committee 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 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 paragraph (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 implementing
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 accountability 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 contracts 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
submission of the last annual report required under subsection
(i).
(k) Inapplicability of FACA.--The requirements of the
Federal 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 established 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 veterans 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 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-reimbursable 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
Committee 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 disabled.
(7) The term ``significantly disabled veteran''
means a veteran (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 feasibility, 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
``(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 managers and program executive
officers in all phases of the acquisition 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 commence 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
limitations 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 equipment
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 the Department of Defense or the
Department of Homeland Security'';
(E) in subchapter II, by adding at the end
the following:
``Sec. 578. Role of Vice Commandant in major acquisition programs
``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 program; 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.
``Sec. 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 Security 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
Security 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 operating 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 redesignated, the following:
``(8) Major acquisition program.--The term `major
acquisition program' means an ongoing acquisition
undertaken 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 relevant 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 accordance 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
Commandant 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
Commandant 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
regulations.--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 implementation
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 provided
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 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 SERVICES 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
subsection is a determination by the Secretary of any
of the following:
(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 preference as
described in subsection (a) because such
limitation or preference is necessary--
(i) to reduce overall United States
transportation costs and risks in
shipping products in support of
operations, exercises, theater security
cooperation activities, 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 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 subsection
(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
appropriate.
(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 concerned--
(I) is operating primarily
in the covered African 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, or labor that are
primarily grown, mined,
manufactured, produced, or
sourced from the covered
African 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 Department 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 Secretary 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 personnel 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 operations 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 departments.
Sec. 932. Enhanced personnel management authorities for the Chief of the
National 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 Logistics.
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 formulation process.
Subtitle F--Other Matters
Sec. 951. Enhanced security programs for Department of Defense personnel
and innovation 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.
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:
``Sec. 133a. Under Secretary of Defense for Research and Engineering
``(a) Under Secretary of Defense.--There is an Under
Secretary 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 Department 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 Department;
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 responsibility 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 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:
``Sec. 133b. Under Secretary of Defense for Acquisition and Sustainment
``(a) Under Secretary of Defense.--There is an Under
Secretary 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 managing 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, maintenance, 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 acquisition and sustainment in the
Department;
``(B) the senior procurement executive for
the Department 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 Oversight 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 Department with regard to matters for
which the Under Secretary has responsibility, except
that the Under Secretary shall exercise supervisory
authority over service acquisition programs for which
the service acquisition executive is the milestone
decision authority; and
``(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 otherwise 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 responsibility 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,
direction, and control of the Secretary of Defense, the
Chief Management 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 business operations of the
Department, including business transformation,
business planning and processes, performance
management, and business information technology
management and improvement activities and
programs, including the allocation of resources
for business operations, 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 military 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
(B) by redesignating subsections (d) and
(e) as subsections (c) and (d), respectively.
(d) Repeal of Pending Authority To Establish Under
Secretary of Defense for Business Management and Information.--
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
February 1, 2018, section 131(b)(2) of title 10, United States
Code, is amended--
(1) by redesignating subparagraphs (B) through (E)
as subparagraphs (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
following 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:
(A) The organizational and management
structure of the Department including the
disposition of leadership positions,
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 Secretaries of Defense,
Deputy Assistant Secretaries of Defense, and
Directors affected by the organizational policy
guidance.
(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 administrative 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 programs, and in coordination with the Under
Secretary for Personnel and Readiness, policies related
to spectrum management workforce;
``(G) has the responsibilities for policy,
oversight, guidance, and coordination for nuclear
command and control systems;
``(H) has the responsibilities for policy,
oversight, and guidance for matters related to
precision navigation and timing; and
``(I) has the responsibilities for policy,
oversight, and guidance for the architecture and
programs related to the networking 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 without 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
members 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.''.
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
beginning 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 Department of Defense an organizational strategy
for the Department that--
(A) identifies the critical objectives and
other organizational outputs for the Department
that span multiple functional boundaries and
would benefit from the use of cross-functional
teams under this section to ensure
collaboration and integration across
organizations within the Department;
(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 President; and
(E) achieves an organizational structure
that enhances performance with regard to such
objectives and outputs.
(2) Elements.--The strategy shall provide for the
following:
(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
collaborative, team-oriented, results-driven,
and innovative culture 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 implement effective cross-functional teams in the
Department to achieve the strategic objectives of the
Secretary of Defense:
(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 purposes 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 accordance 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, recommendations for comprehensive
and fully integrated policies, strategies,
plans, and resourcing decisions;
(C) to make decisions on cross-functional
issues, to the extent authorized by the
Secretary and within parameters established by
the Secretary; and
(D) to provide oversight for and, as
directed by the Secretary, supervise the
implementation of approved policies,
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 relationships, resourcing, manning,
training, and operations of cross-functional
teams established pursuant to this subsection;
(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
(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 personnel 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 combatant 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 functional 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 representing the views and
expertise of their functional components; 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 pursuant 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 alignment 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 considers
appropriate to permit such team to achieve the
objectives established by the Secretary.
(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 descriptions 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
subsection (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
performance review of leaders of cross-functional teams
established pursuant to subsection (c), members of
teams, and other appropriate leaders of the Department;
and
(3) identify key practices that senior leaders of
the Department 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 Processes
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 instruction in
leadership, modern organizational practice,
collaboration, 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 Assessments.--
(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 cumulatively
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
position 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 measurable 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
recommendations 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
responsible for providing expertise and support throughout the
Department 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 Secretary primarily from among individuals
outside the Government 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
implementation and delivery of policies and priorities
of the Department, including making recommendations on
establishing performance or implementation targets,
assisting in the development of delivery plans to
achieve targets, and monitoring and measuring 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 recommend
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 PERSONNEL.
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
Personnel.--(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 personnel 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 department. In making workforce
decisions, the Secretary shall account for the relative
budgetary impact of military versus civilian personnel 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 DEPARTMENT 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.
Subtitle C--Joint Chiefs of Staff and Combatant Command Matters
SEC. 921. JOINT CHIEFS OF STAFF AND RELATED COMBATANT COMMAND MATTERS.
(a) Functions of Joint Chiefs of Staff.--
(1) Consultation by chairman.--Subsection (c)(1) of
section 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 paragraphs (2) and (3),
respectively; and
(ii) by inserting before paragraph
(1), as redesignated 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 Homeland 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 following 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--
``(A) developing strategic frameworks and
preparing strategic plans, as required, to
guide the use and employment 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 contingency plans which conform to
policy guidance from the President and the
Secretary; and
``(E) preparing joint logistic and mobility
plans to support national defense strategies
and recommending the assignment of
responsibilities to the armed forces in
accordance 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 Secretary on ongoing military operations;
and
``(B) advising the Secretary on the
allocation and transfer of forces among
geographic and functional combatant 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 developing 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 deficiencies and strengths
on meeting national security objectives and
policy and on strategic plans;
``(D) advising the Secretary on the
missions and functions 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 combatant commands, a uniform
system of evaluating the preparedness of each
such command, and groups of commands
collectively, to carry out missions assigned to
the command or commands.
``(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 Department 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 recommendations 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 identifying, 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 materiel 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 capability, through
requirements, integrated architectures, data
standards, and assessments.
``(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
subsection 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
Chairman under section 153 of this title.''.
SEC. 922. ORGANIZATION OF THE DEPARTMENT OF DEFENSE FOR MANAGEMENT OF
SPECIAL OPERATIONS FORCES AND SPECIAL 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
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 headquarters of the
Department to most efficiently and effectively
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:
``Sec. 139b. Special Operations Policy and Oversight Council
``(a) In General.--In order to fulfill the responsibilities
specified 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, acquisition, integration, employment, and
sustainment of special operations 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 following:
``(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.
``(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 Conflict, 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 subsections (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 Secretary 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 equipment, 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.''.
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:
``Sec. 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 operations 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
command 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
command 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
command 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
commander 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 operations forces and for other forces
assigned to the cyber command.
``(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, 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
intelligence 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 Principal Cyber Advisor for purposes of this section is
authority, direction, 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 commands 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 operations 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
beginning 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'';
(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 Oversight 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 capabilities;
``(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
requirements 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
``(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 members 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 expertise:
``(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 paragraphs (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).
``(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
Congressional 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 recommendation 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 collective 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
performance 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 requirements;
(B) the Office of Cost Assessment and
Program Evaluation, to provide expertise in
resource allocation, operations research,
systems analysis, and cost estimation; and
(C) other Department of Defense
organizations determined 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.
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 recommendations 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
requirements and the ability of combatant commands to
satisfy those mission requirements.
(2) The evolution of the organizational structures,
compositions, and sizes of the combatant commands, and
how such factors may have contributed to combatant
command performance 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, drawbacks, 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 subsection (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, 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 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.''.
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
requirements''; 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 adjutants general referred to in section 314 of
title 32 to appoint, employ, and administer the
National Guard employees authorized by this subsection.
``(3) Administrative actions.--Notwithstanding the
Intergovernmental 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 employment, 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 defendant or respondent in any
administrative action.
``(B) The National Guard of the
jurisdiction concerned shall defend any
administrative complaint, grievance, 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
readiness 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 Military Families with Special
Needs'' and inserting ``Office of Military 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:
``Sec. 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.--
Subsection (a) of section 1781c of title 10, United
States Code, is amended by striking ``Office of
Community Support for Military Families with Special
Needs'' and inserting ``Office of Special 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 Readiness Policy''.
(3) Repeal of requirement for head of office to be
member of senior executive service or general or flag
officer.--Such section is further amended by striking
subsection (c).
(4) Conforming amendments.--Such section is further
amended--
(A) by redesignating subsections (d)
through (i) as subsections (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:
``Sec. 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 ``acquisition''.
(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 appropriate, 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, and the heads of all Defense Agencies and
Field Activities of the Department of Defense and other
elements of the Department specified 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
following:
``(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 pursuant 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, personnel, 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 Department 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
paragraph (1), the Secretary, with the advice and assistance of
the Chairman of the Joint Chiefs of Staff, shall provide
annually to 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 Department 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, personnel, 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 contingency plans, including plans for providing
support to civil authorities 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 committees a detailed classified briefing summarizing
such guidance developed 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 ``Commission''). 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:
(A) Three members appointed by the chair of
the Committee 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 Committee 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 Representative 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 strategic 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 recommendations on
the national defense strategy for the United States.
(d) Cooperation From Government.--
(1) Cooperation.--In carrying out its duties, the
Commission shall receive the full and timely
cooperation of the Secretary 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 Commission.
(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 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, posture and capabilities, readiness,
infrastructure, organization, 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 recommendations.
(3) Form.--The report submitted to Congress under
paragraph (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 paragraph 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 conducted 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 support the objectives of the United
States as articulated in--
``(i) the most recent National Security
Strategy prescribed 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 pursuant to section 113 of this
title;
``(iii) the most recent national defense
strategy presented 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 security 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 executing 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 appropriate.''.
(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.''.
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
management.''.
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
conduct, after October 1, 2017, background
investigations for personnel 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
personnel to department of defense.--Not later than
October 1, 2017, the Secretary and the Director of the
Office of Personnel Management shall develop a plan to
transfer Government investigative personnel and
contracted resources to the Department in proportion to
the background and security investigative 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 management 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.
(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
performance 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 processes 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 monitoring 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
``Department 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 entities 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 Support
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 Innovation Initiative of the Department
to better leverage commercial technology.
(2) Policies and procedures.--In establishing the
program required by paragraph (1), the Secretary shall
develop policies and procedures to rapidly and
inexpensively investigate and adjudicate security
clearances for personnel from commercial 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 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 paragraph (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
information 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 reciprocity directive that
accounts for security policy changes associated 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 investigative and adjudicative
standards and criteria for positions 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
investigation 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 Intelligence Reform and Prevention of Terrorism
Act of 2004 (50 U.S.C. 3341(a)(8)).
(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 Department; 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 paragraphs
(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
exercised 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 enforcement 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 Secretary 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);
``(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
Personnel.--Paragraph (5) of such subsection, as redesignated
by subsection (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
Protection 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:
``Sec. 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: authority 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
codification.--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 Chairman'';
(ii) by striking paragraph (7); and
(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), respectively; 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 ``Secretary 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''.
(b) Report to Director of Corrosion Policy and Oversight.--
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 pertaining 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 National Guard counterdrug schools.
Sec. 1013. Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1014. Enhancement of information sharing and coordination of
military training between Department of Homeland Security and
Department of Defense.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Definition of short-term work with respect to overhaul,
repair, or maintenance of naval vessels.
Sec. 1022. Warranty requirements for shipbuilding contracts.
Sec. 1023. National Sea-Based Deterrence Fund.
Sec. 1024. Availability of funds for retirement or inactivation of
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 material 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 countermeasures platforms.
Sec. 1046. Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance.
Sec. 1047. Evaluation of Navy alternate combination cover and unisex
combination cover.
Sec. 1048. Independent evaluation of Department of Defense excess
property program.
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 enlisted 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 requirements.
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 rewards may be paid under Department of Defense
rewards program.
Sec. 1064. Annual reports on unfunded priorities of the Armed Forces and
the combatant commands and annual report on combatant command
requirements.
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 improve 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 technicians.
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 Unknown Soldier.
Sec. 1094. Sense of Congress regarding the OCONUS basing of the KC-46A
aircraft.
Sec. 1095. Designation of a Department of Defense Strategic Arctic Port.
Sec. 1096. Recovery of excess rifles, ammunition, and parts granted to
foreign countries 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
personnel 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 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
Secretary 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
Secretary 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
contained in this Act.
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.
(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:
``Sec. 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 department or agency of the
Federal Government, in coordination with the Secretary
of State, that has counterdrug responsibilities 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
``(B) upgrading such equipment to ensure
the compatibility 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 operations 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 enforcement, active military, and
National Guard activities.
``(9) The provision of linguist and intelligence
analysis services.
``(10) Aerial and ground reconnaissance.
``(c) Types of Support for Foreign Law Enforcement
Agencies.--
``(1) Purposes.--The purposes for which the
Secretary may provide support under subsection (a) for
foreign law enforcement 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 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.
``(B) The establishment (including small
scale construction) and operation of bases of
operations or training facilities 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--
``(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 boundaries of the United
States.
``(D) Establishment of command, control,
communications, 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
providing 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 subject 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;
``(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 capabilities 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
section 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
providing 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.
``(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 organized 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 PROGRAM
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
subsections (f) through (h), respectively; and
(2) by inserting after subsection (d) the following
new subsection (e):
``(e) Curriculum Review.--The Secretary of Defense shall
review the curriculum and program structure of each school
established 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''.
SEC. 1014. ENHANCEMENT OF INFORMATION SHARING AND COORDINATION 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 Department 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 Security, in coordination with the Secretary
of Defense, shall establish 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 planning 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 congressional defense committees,
the Committee on Homeland Security of the House
of Representatives, and the Committee 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 preceding
the fiscal year during which the report is
submitted.
(B) Elements.--Each report submitted under
subparagraph (A) shall include each of the
following:
(i) A description of the military
training and operational activities of
each military component leveraged,
pursuant to section 371 of title 10,
United States Code, to support the
border security mission of the
Department 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
assistance 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
Security 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 section.
(vii) A description of any other
activity the Secretary 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 Representatives, and the Committee on
Homeland Security and Governmental Affairs of the
Senate a report on--
(A) any activities of the Department of
Homeland Security 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.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. DEFINITION OF SHORT-TERM WORK WITH RESPECT TO OVERHAUL,
REPAIR, OR MAINTENANCE OF NAVAL VESSELS.
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 CONTRACTS.
(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:
``Sec. 7318. Warranty requirements for shipbuilding contracts
``(a) Requirement.--A contracting officer for a contract
for new construction for which funds are expended from the
Shipbuilding 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 subsection (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-
powered vessels, to enter into one or more multiyear contracts
(including economic ordering quantity contracts), for the
procurement of critical 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 procurement of equivalent critical
parts, components, systems, and subsystems common with and
required for other nuclear-powered vessels.
``(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 INACTIVATION 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
beginning 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.''.
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 Department 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
possessions 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
Station, 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, GUANTANAMO 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.
SEC. 1035. PROHIBITION ON USE OF FUNDS FOR REALIGNMENT OF FORCES AT OR
CLOSURE OF UNITED STATES NAVAL STATION, 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 SENSITIVE
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 operation''.
(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 congressional 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 military 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.''.
(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:
``Sec. 130f. Notification requirements for sensitive military
operations''.
(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 insurance 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)''.
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 subparagraphs (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 DEVELOPMENT 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 convention referred to in subsection (c),
in paragraph 2, paragraph 9(b), and paragraph 1,
respectively, of article II of that convention.
``(2) The term `biological select agent or toxin'
means any agent or toxin identified under any of the
following:
``(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.
``(C) Section 73.3 or section 73.4 of title
42, Code of Federal Regulations.''.
SEC. 1044. PROTECTION OF CERTAIN FEDERAL SPECTRUM OPERATIONS.
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 Operations.--
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 Federal 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 interference 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 PLATFORMS.
(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 equipment;
(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 detachment.
(b) Waiver.--The Secretary of the Navy may waive the
limitations under subsection (a) if the Secretary certifies to
the congressional 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 currently 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 countermeasures
operational requirements currently being met by the
AVENGER-class ships and SEA DRAGON helicopters.
SEC. 1046. EXTENSION OF AUTHORITY OF SECRETARY OF TRANSPORTATION 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 individual 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
appropriate.
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'', ``controlled'', 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 enforcement agency requests for excess equipment to
be used in border 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
appropriate.
SEC. 1049. WAIVER OF CERTAIN POLYGRAPH EXAMINATION REQUIREMENTS.
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
employment;
(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 Transportation
Workers.--During the period that the Secretary is developing
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
clearance in a timely manner and provide them with unescorted
access to complete their freight service.
SEC. 1051. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION 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
determines 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 Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-Personnel Mines and on their
Destruction, as determined 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
subsection (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 personnel 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 Representatives a report that sets forth a
detailed description of the 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 commissioned 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 support 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 Department of
Defense military and civilian personnel
detailed or assigned to the Central
Intelligence Agency.
(B) To prioritize, communicate, and
coordinate Department 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 the commanders of the combatant
commands and subordinate 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 paragraph (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 department 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 functions 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
provision of defense sensitive support is time-
sensitive, the Secretary--
(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 disclosure.
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.
(a) Prohibition.--No order, ruling, finding, or other
determination 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
termination 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.
(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 Authorization 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
requirements 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).
(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).
(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).
(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
Authorization 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
Citizens 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.
(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 DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 2 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 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 conducted.
``(3) Elements on programs covered by multiyear
budgeting.--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 alternative 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 committees 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 technologies 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
subsection, the term `new program being managed under
alternative 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
Declassification 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
paragraph (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.
``(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 control 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 modification, the provisions of the policy or
criteria as modified.
``(e) Waiver.--
``(1) In general.--The Secretary may waive any
requirement 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.''.
(b) Clerical Amendment.--The table of sections at the
beginning 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: congressional 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 REQUIREMENTS.
(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:
``Sec. 222a. Unfunded priorities of the armed forces and combatant
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 specified in subsection (b) shall submit to the
Secretary of Defense and the Chairman of the Joint Chiefs of
Staff, and to the congressional defense committees, a report on
the unfunded priorities of the armed force or forces or
combatant command under the jurisdiction 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
established 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 procurement accounts.
``(ii) Program Element (PE) number
for applicable research, development,
test, and evaluation accounts.
``(iii) Sub-activity group (SAG)
for applicable operation 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 SPECTRUM.
(a) Management and Reviews.--
(1) In general.--Section 488 of title 10, United
States Code, is amended to read as follows:
``Sec. 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 spectrum; and
``(B) ensures that all users of such
spectrum, regardless of the classification of
such uses, are involved in the decision-making
process of the Department concerning the
potential sharing, reassigning, or reallocating
of such spectrum, 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
electromagnetic spectrum, but not less frequently than every
two years, the Secretary and the Chairman shall jointly submit
to the congressional 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 reallocation, by the Policy and
Plans Steering Group established by the National
Telecommunications and Information Administration.
``(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 Department resulting from sharing, reassigning, or
reallocating the spectrum, 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 congressional 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
(2) the seventh such interim progress report issued
(or to be issued) by the National Telecommunications
and Information Administration.
SEC. 1066. REQUIREMENT FOR NOTICE AND REPORTING TO COMMITTEES 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 Services 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 characterization 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.
(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
submitted 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
Secretary 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
subsection (a) shall include each of the following:
(1) The following information, as of the date of
the enactment of this Act, with respect to military
units assigned to policing or citizen security
responsibilities in each of Guatemala, 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 Department 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 Guatemala, 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 carry out their responsibilities in a
manner that adheres to democratic principles.
(c) Form.--The report required by subsection (a) shall be
submitted 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 available Internet website of the Department of State.
(e) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means the
Committee 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 nonproliferation 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
management.
(2) For the existing and proposed capabilities and
technologies 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 capabilities and technologies, including
identifying areas for capability enhancement and
deficiencies in existing capabilities and technologies.
(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.
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
(hereinafter referred to as ``SAS'') technologies suitable to
meet the requirements 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 Littoral 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
Secretary 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 understand important aspects of the Air
Force implementing off-site airlift support for XVIII
Airborne Corps, the 82nd Airborne Division, and the
United States Army Special Operations Command, and the
ability of the Air Force to meet the training
requirements of the Army and the United States Special
Operations 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 property 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
representatives 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 helicopter 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 beginning 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 organization 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
paragraph (1) shall include the following elements:
(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 shortfalls 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 commands, 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:
(1) A description of any gaps in the capabilities
and capacities 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, Technology, 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--
(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
(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
following 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) 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 EQUIPMENT,
SERVICES, AND SUPPLIES PROVIDED FOR HUMANITARIAN
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 AGREEMENT.
(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 international
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.
SEC. 1084. MODIFICATION OF REQUIREMENTS RELATING TO MANAGEMENT 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 individuals 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 incumbent employee without regard to any requirement
concerning competition 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
Secretary 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 performing
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:
(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 Government 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 recommendations 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 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 comparable to that of a director within the
Executive Office of the President. The Special Adviser should
serve as a resource for executive 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 Professional
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
Secretary of Defense, the Secretary of Health and Human
Services, the Secretary of Homeland Security, and the Secretary
of Agriculture shall jointly develop a national biodefense
strategy and associated implementation plan, which shall
include a review and assessment of biodefense policies,
practices, programs and initiatives. 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
following:
(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 activities 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 outbreak,
and mitigating the effects of a biological epidemic.
(4) A description of the roles and responsibilities
of the Executive Agencies, including internal and
external coordination 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 support the national biodefense
strategy.
(6) Recommendations for strengthening and improving
the current biodefense capabilities, authorities, and
command structures of the United States Government.
(7) Recommendations for improving and formalizing
interagency coordination and support mechanisms with
respect to providing a robust national biodefense.
(8) Any other matters the Secretary of Defense, the
Secretary of Health and Human Services, the Secretary
of Homeland Security, and the Secretary of Agriculture
determine necessary.
(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 associated 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
Secretary 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 Representatives, the Committee on Homeland Security of
the House of Representatives, 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
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
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
support 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 supported.
(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
departments or Federal agencies if requested through an
operational needs request process.
(c) Elements of the Program.--The Global Cultural Knowledge
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 Department 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 Network 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:
(A) The operational unit, or units,
requesting support, including the location or
locations where the social scientists 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
deployment.
SEC. 1088. SENSE OF CONGRESS REGARDING CONNECTICUT'S SUBMARINE CENTURY.
(a) Findings.--Congress makes the following findings:
(1) On March 2, 1867, Congress enacted a naval
appropriations Act that authorized the Secretary of the
Navy to ``receive and accept a deed of gift, when
offered by the State of Connecticut, of a tract of land
with not less than one mile of shore front on the
Thames River near New London, Connecticut, 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 inactive 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 capabilities 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, the Naval
Undersea Medical Institute, and the newly established
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 foremost 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 courageous 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 anniversary 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
(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 Secretary 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
Commissioner 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 sufficiency of such designs and concepts, the
potential for future experimentation (such as a follow-on pilot
program), and the recommendation 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
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of
the House of Representatives.
(2) Consequence delivery system.--The term
``Consequence Delivery System'' means the series of
consequences applied by U.S. Border Patrol in
collaboration with other Federal 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 unlawful 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 certainty, 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 Secretary of Homeland Security.
(7) Situational awareness.--The term ``situational
awareness'' 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
following:
(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 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 components of the Department of
Homeland Security; and
(B) where appropriate, with the heads of
other agencies, including the Office of Refugee
Resettlement 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 U.S.
Border Patrol sectors, informed by situational
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 subsection, 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:
(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 travelers 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.
(iii) The number of potentially
high-risk cargo containers scanned upon
arrival at a United States sea port of
entry.
(iv) The number of potentially
high-risk cargo containers 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 components of the Department of
Homeland Security; and
(B) where appropriate, work with heads of
other appropriate agencies, including the
Office of Refugee Resettlement 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 Secretary 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 maritime 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 compares the ability of the maritime
security components of the Department of
Homeland Security or other United 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 components 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
Secretary 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 Operations.
(B) A funded flight hour effectiveness
rate, which compares 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 components of the Department of
Homeland Security; and
(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 Development 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--
(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 Secretary may reevaluate and
update any of the metrics developed 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
program 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.
(4) To educate the American Public about service
and sacrifice on behalf of the United States of America
and the principles 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
commemorative 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
establish 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
section 1342 of title 31, United States Code, the
Secretary of 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
Secretary 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 distribution 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 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
consultation with the Chairman of the Joint Chiefs of Staff,
the Commanding 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
military 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 Federal Aviation Administration that is
capable of supporting military and civilian aircraft
for operations designated in paragraph (2); and
(4) a description of the requirements, to include
infrastructure 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 the Coast Guard, the Administrator of
the Maritime Administration, 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
Department 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:
``Sec. 40728B. Recovery of excess rifles, ammunition, and parts granted
to foreign countries and transfer to certain
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
``(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
paragraphs (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
beginning 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 countries 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 Committee 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.
(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 Department 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 Department 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
incentive 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
Department 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 retirement.
Subtitle B--Department of Defense Science and Technology Laboratories
and Related Matters
Sec. 1121. Permanent personnel management authority for the Department
of Defense 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 technology positions in the science and technology
reinvention laboratories of the Department of Defense.
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 Evaluation.
Subtitle C--Governmentwide Matters
Sec. 1131. Elimination of two-year eligibility limitation for
noncompetitive appointment of spouses of members of the Armed
Forces.
Sec. 1132. Temporary personnel flexibilities for domestic defense
industrial base facilities 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 rehiring.
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 official 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 section 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
congressional 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 submitting 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
unnecessary 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 reasons 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:
``Sec. 129. Civilian personnel management''.
(2) Clerical amendment.--The item relating to such
section 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
beginning 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 subsection (f):
``(f) Training.--(1) The Secretary shall provide training
to covered 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
responsibilities 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''.
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:
``Sec. 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
sufficient 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
advantage 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 mission 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, to be on detail to a regular work assignment in the
Department for all purposes. The written agreement established
under subsection (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 reassignment 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 contractor 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 Department 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 governmental in nature only when requested
in writing by the Secretary 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
Government, 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
Secretary of Defense--
``(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 COMPETITIVE 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
Department 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
appointment 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 graduates 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 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 procedures during the previous fiscal
year.
(c) Regulations.--
(1) In general.--The Secretary shall administer
this section 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
practical, as determined by the Secretary, the
Secretary shall publicly 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 Secretary 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 VOLUNTARY 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 ``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 positions 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 authorized 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.
SEC. 1110. DIRECT HIRE AUTHORITY FOR FINANCIAL MANAGEMENT EXPERTS IN
THE DEPARTMENT OF DEFENSE WORKFORCE.
(a) Authority.--Each Secretary concerned may appoint
qualified candidates possessing a finance, accounting,
management, or actuarial science degree, or a related degree or
equivalent experience, to positions specified in subsection (c)
for the Defense Agencies or the applicable military department
without regard to the provisions 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 DEPARTMENT 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).
Subtitle B--Department of Defense Science and Technology Laboratories
and Related 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:
``Sec. 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 management 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
laboratories;
``(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 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 Executive Schedule
under section 5312 of title 5; and
``(B) in the case of any other employee
appointed pursuant 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 subsection (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 subsection (b)(1) may not exceed four years.
``(2) Extension.--The official responsible for the
administration 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 department,
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 engineering.''.
(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 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 Authorization Act for Fiscal
Year 1999 (5 U.S.C. 3104 note) (as so in effect).
SEC. 1122. CODIFICATION AND MODIFICATION OF CERTAIN AUTHORITIES 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:
``Sec. 2358a. Authorities for certain positions at science and
technology reinvention laboratories
``(a) Authority to Make Direct Appointments.--
``(1) Candidates for scientific and engineering
positions at science and technology reinvention
laboratories.--The director of any Science and
Technology Reinvention Laboratory (hereinafter in this
section referred to as an `STRL') may appoint qualified
candidates possessing a bachelor's degree to positions
described in paragraph (1) 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).
``(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 paragraph 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 paragraph (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
appointment.--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 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
positions.--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 Secretary for purposes of
subsection (a)(2).
``(3) Candidates enrolled in scientific and
engineering programs.--The positions described in this
paragraph are scientific 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,
mathematics, 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
classified above GS-15 of the General Schedule,
notwithstanding 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 section 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
laboratory 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 laboratories.''.
(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 PERSONNEL 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'';
(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 CERTAIN RESEARCH
AND TECHNOLOGY POSITIONS IN THE SCIENCE AND
TECHNOLOGY REINVENTION LABORATORIES OF THE
DEPARTMENT OF DEFENSE.
(a) Pilot Program Authorized.--The Secretary of Defense may
carry out a pilot program to assess the feasibility and
advisability 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 positions 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 scientific, 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, 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 technology 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 EVALUATION.
(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 MEMBERS 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 duration 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 PERSONNEL.
(a) In General.--Notwithstanding chapter 33 of title 5,
United States Code, or any other provision of law relating to
the examination, certification, and appointment of individuals
in the competitive service, during fiscal years 2017 and 2018,
an 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 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
eligibility 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
industrial 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 provided 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.
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
Supplemental 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 APPOINTMENT 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 individuals
within the agency's workforce under merit promotion
procedures, or any agency, including a land management
agency, when the agency is accepting applications from
individuals outside its own workforce under the merit
promotion procedures 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 FEDERAL
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:
``Sec. 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 Government 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
regulations 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 rehiring.''.
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.
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
``Administrative Leave Act of 2016''.
(b) Sense of Congress.--It is the sense of Congress that--
(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 General of the United
States; and
(ii) guidance provided by the
Office of Personnel Management; and
(B) resulting in significant cost to the
Federal Government;
(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 administrative 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
administrative 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:
``Sec. 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 entitled 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'--
``(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:
``Sec. 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;
``(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 administrative
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 entitled 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 entitled 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
paragraph (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--
``(i) the agency proposes or
initiates an adverse action against the
employee; and
``(ii) the agency determines that
the employee continues 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 workplace 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
without 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 appropriate.
``(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 subparagraph (A) shall describe the
limitations of the leave placement, 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 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 paragraph (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
determination 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 Capital
Officer or the designee of the Chief
Human Capital Officer, shall approve an
extension of a period of investigative
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
investigative 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
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
investigative 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 investigative 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 investigation of the
employee.
``(3) No extensions after completion of
investigation.--An agency may not further extend a
period of investigative 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 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 subsection (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
purposes 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 prescribe 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;
``(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 property; 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 subsection (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 extensions
granted under that subsection;
(C) an assessment of the compliance with
the requirements 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 subsection (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 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:
``Sec. 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
``(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
provision 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 purposes for providing leave under this
section; and
``(2) the proper recording of leave provided under
this section.
``(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 following:
``Sec. 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 employment 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;
``(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 terrorism.
Sec. 1204. Independent evaluation of strategic framework for Department
of Defense 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
Program.
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 Afghanistan.
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 Department 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 Afghanistan.
Sec. 1218. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Modification and extension of authority to provide assistance
to the vetted Syrian opposition.
Sec. 1222. Modification and extension of authority to provide assistance
to counter the Islamic State of Iraq and the Levant.
Sec. 1223. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Limitation on provision of man-portable air defense systems
to the vetted 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 European 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 Russian Federation.
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.
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 expenses 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
Fellowship Program.
Sec. 1248. Consolidation of authorities for service academy
international engagement.
Sec. 1249. Consolidated annual budget for security cooperation programs
and activities 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
authorities 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 involving 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-
conventional 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 Panama.
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 participation 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 resources 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-Saharan African countries.
Sec. 1294. Extension and expansion of authority to support border
security operations of certain foreign countries.
Sec. 1295. Modification and clarification of United States-Israel anti-
tunnel cooperation 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 series'' 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 COALITION
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 beginning 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''.
SEC. 1202. SPECIAL DEFENSE ACQUISITION FUND MATTERS.
(a) Increase in Size.--Effective as of October 1, 2016,
paragraph (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 supported 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 appropriate committees of Congress a
report setting forth the inventory 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:
``Sec. 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 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
exercised 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
exercising such authority if the Secretary determines
that extraordinary 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 provide support.
``(e) Limitation on Delegation.--The authority of the
Secretary 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 provided 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 provided 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 following:
``(A) A summary of the ongoing military
operations by United States special operations
forces to combat terrorism that were supported
or facilitated by foreign forces, irregular
forces, groups, or individuals for which
support was provided under this section.
``(B) A description of the support or
facilitation provided by such foreign forces,
irregular forces, groups, or individuals to
United States special operations forces.
``(C) The type of recipients that were
provided support under this section, identified
by authorized category (foreign 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 COOPERATION.
(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 expertise 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 framework on Department of Defense
security cooperation activities, 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 Department of
Defense security cooperation activities and the
strategic goals and priorities identified
within the strategic framework.
(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 Representatives a
report that includes the evaluation under subsection
(a) and any other matters the Secretary considers
appropriate.
(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, MONITORING, 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 security 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 cooperation efforts
towards meeting stated objectives and outcomes;
and
(C) should be used to inform security
cooperation planning, 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' EMERGENCY 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''.
(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 pursuant 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
payments.--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)--
(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
subsection (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
pursuant 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
pursuant to subparagraph (D) on
or after the date of the
enactment of the National
Defense Authorization Act for
Fiscal Year 2017, which
employment required the alien--
``(AA) to serve as
an interpreter or
translator 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
translator 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);''.
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 provided through the Afghanistan
Security Forces Fund, including, with respect to each
such Ministry--
``(A) the expected completion date for full
implementation 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 covered by that subsection if a determination
described in paragraph (2) is made as follows:
(A) In the case of a program or project
with an estimated lifecycle cost of less than
$1,000,000, by the contracting officer assigned
to oversee the program or project.
(B) In the case of a program or project
with an estimated 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 estimated lifecycle cost of $20,000,000
or more, but less than $40,000,000, by the
Commander of United States Forces-Afghanistan.
(D) In the case of a program or project
with an estimated lifecycle cost of $40,000,000
or more, by the Secretary of Defense.
(2) Determination.--A determination described in
this paragraph with respect to a program or project is
a determination 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 GOVERNMENT 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 Operation
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.
(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 justification 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 Afghanistan, including periodic
reports to Congress and audits of Federal
establishments, organizations, programs, activities,
and functions.
(7) Any other matters the Lead Inspector General
for Operation 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 OPERATIONS.
(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 subparagraph
(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 Afghanistan, Iraq, or Syria''.
(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 subsections (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 following:
``(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 cooperation.
``(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 Pakistan 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 operations and training,
advising, and assisting the Afghan National
Defense and Security Forces.
``(2) Report.--Not later than December 31, 2017,
the Secretary 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:
``(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 organization 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 description of
the costs claimed by the Government of Pakistan
for activities specified in paragraph (1)
provided by Government of Pakistan to the
United States for which the United States will
disallow or defer reimbursement to the
Government of Pakistan under the authority in
subsection (a)(2).
``(B) Manner of submittal.--
``(i) In general.--To the maximum
extent practicable, 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 Pakistan.--
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;
(2) Pakistan has taken steps to demonstrate its
commitment 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
prosecuting 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 PROVIDE
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
Authorization 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
section, 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 PROVIDE
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
Authorization 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 following: ``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 Government
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
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 SUPPORT
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.
(2) The number and type of man-portable air defense
systems 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 employment 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
Authorization 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 governmental 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.
(2) The diplomatic efforts, if any, to impose
multilateral sanctions against appropriate entities or
individuals in connection 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
subsection (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 meaningful development of the military
capabilities described in paragraph (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
appropriated 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 members 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.
(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
obligation 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
subparagraph:
``(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 ``September 30, 2018''; and
(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
appropriated 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 Committee 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 DEVELOPMENTS
INVOLVING THE RUSSIAN FEDERATION.
(a) Additional Matters To Be Included in Report.--
Subsection (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 paragraphs (12) through (20), respectively;
(2) by inserting after paragraph (9) the following
new paragraphs:
``(10) In consultation with the Secretary of State,
the Secretary of the Treasury, and the Director of
National Intelligence, an assessment of Russia's
diplomatic, economic, and intelligence operations in
Ukraine.
``(11) A summary of all Russian foreign military
deployments, 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 agreement with the
host nation.'';
(3) by striking paragraph (14), as redesignated by
paragraph (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
(4) in paragraph (18)(B), as redesignated by
paragraph (1) of this subsection, by striking ``day
before the date of submission 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 subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following
new subsection:
``(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
appropriated 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 congressional 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 territories
involving infra-red or synthetic aperture radar
sensors.
(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 Intelligence 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 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
Commission 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 occupied 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 sensors 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 Secretary 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 appropriate
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 Government 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.--
(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
protection 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 capabilities 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 security;
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.
(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 Intelligence 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
Authorization 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
(3) by inserting after subsection (e) the following
new subsection (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
available 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 pursuant 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
corruption, increasing accountability, and sustaining
improvements of combat capability enabled by assistance
under subsection (a). The certification shall include
an assessment of the substantial 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 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 Representatives a
notification containing the following:
``(A) The recipient foreign country.
``(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 following 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 remedying 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 violation 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 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 Intelligence 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 ``Intermediate-Range Nuclear Forces
(INF) Treaty'', signed at Washington 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 paragraph (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
``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.
``Sec. 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
prescribed 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 responsibilities 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
responsibilities.
``(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:
``(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 operation.
``(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 expenses.
``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 operations.
``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.
``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:
``Sec. 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:
``Sec. 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 international coalition operation that is determined
by the Secretary to be in the national interest of the
United States.
``(b) Concurrence and Coordination With Secretary of
State.--
``(1) Concurrence in conduct of programs.--The
concurrence 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
Secretary of Defense and the Secretary of State shall
each designate an individual responsible for program
coordination under this paragraph at the lowest
appropriate level in the Department 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 articles, 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 program 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
Secretary of Defense may not use the authority in
subsection (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
committed 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 performance outcomes achieved under
the program beyond its completion 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 concerned, 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:
``(1) Information, by recipient country, of the
delivery and execution status of all defense articles,
training, defense services, supplies (including
consumables), and small-scale construction 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
carried 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 equipment and in
the next two fiscal years.''.
(2) Funding for fiscal year 2017.--Amounts may be
available 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 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 specified 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 paragraph (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, responsibilities, 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).
(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
Codification 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 specifically 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 functional
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 Secretary 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 available for the costs
of the operation of the Regional
Centers.''.
(3) Codification of provisions relating to specific
centers.--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
Secretary 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
Secretary of Defense may waive any requirement for financial
disclosure 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
Secretary of Defense may waive reimbursement of the cost of
conferences, 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
paragraph (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 (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
provisions 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 Appropriations 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 redesignated 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 redesignated 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 redesignated as
section 346.
(2) Conforming and stylistic amendments.--Such
section 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 subsection (a)(3), is amended by inserting
after section 346, as transferred and redesignated by
subsection (h), the following new section:
``Sec. 348. Aviation Leadership Program
``(a) In General.--Under regulations prescribed by the
Secretary 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 accordance 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 subsection (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
personnel 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.--
Education 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:
``Sec. 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, respectively.
(2) Conforming repeal relating to superseded
definition 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:
``Sec. 382. Execution and administration of programs and activities
``(a) Policy Oversight and Resource Allocation.--The
Secretary 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 activities 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 Department of Defense for security cooperation
programs and activities of the Department of Defense,
may be used to implement security cooperation programs
and activities of the Department of Defense authorized
by this chapter.
``(2) Budget justification.--Funds necessary for
implementing 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 consolidated budget
for such fiscal year required by section 381 of this
title.
``Sec. 383. Assessment, monitoring, and evaluation of programs and
activities
``(a) Program Required.--The Secretary of Defense shall
maintain a program of assessment, monitoring, and evaluation in
support of the security cooperation programs and activities of
the Department 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 requirements, potential programmatic
risks, baseline information, and indicators of
efficacy for purposes of planning, monitoring,
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 outcomes.
``(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 recommendation for improving
future security cooperation programs and
activities of the Department of Defense.
``(2) Best practices.--The program shall be
conducted in accordance with international best
practices, interagency standards, 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 Department 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 justification, 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.
``(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 determines 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.
``Sec. 385. Department of Defense support for other departments and
agencies of the United States Government that
advance Department of Defense security cooperation
objectives
``(a) Support Authorized.--Subject to subsection (c), the
Secretary of Defense is authorized to support other departments
and agencies of the United States Government for the purpose of
implementing or supporting foreign assistance programs and
activities described in subsection (b) that advance security
cooperation objectives of the Department of Defense.
``(b) Foreign Assistance Programs and Activities.--The
foreign 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 subsection (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 obligated by the department or
agency other than the Department 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''.--
(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 prescribe 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
prescribes the meaning of the term pursuant to
paragraph (1), the Secretary shall notify the
appropriate committees of Congress 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 chapters 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:
``Sec. 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-reciprocal
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
government.
``(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 following: ``that provides for
reciprocal exchanges, each government shall be
required''; and
(4) in subsection (f), by inserting ``defense or
security ministry 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).
SEC. 1243. CONSOLIDATION AND REVISION OF AUTHORITIES FOR PAYMENT OF
PERSONNEL EXPENSES NECESSARY FOR THEATER 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:
``Sec. 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 considers 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
administrative 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 assignment.
``(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
international 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.
``(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 planning 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 conferences, seminars, and similar
meetings covered by paragraph (4) as the Secretary
considers appropriate in the national security
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 compensation for
personnel from a country other than a developing
country if the Secretary determines that such payment
is necessary 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 exercised 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
without 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 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 College 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:
``Sec. 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
practicable, 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.
``(b) Authority To Pay Training and Exercise Expenses.--
Under regulations prescribed pursuant to subsection (e), the
Secretary 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
exercises 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
Secretary 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 submitted.
``(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 Services of the Senate and the
House of Representatives.
``(2) Elements.--The regulations required under
this section 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 expenditures pursuant to this section are
appropriate.
``(C) Procedures to limit the payment of
incremental expenses to friendly foreign
countries only to developing 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.--Section
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
beginning 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 FOREIGN 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:
``Sec. 331. Friendly foreign countries: authority to provide support
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 continuing 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 operation.
``(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--
``(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
participating 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 jurisdiction
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 construction 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
paragraph (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 duration 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 consideration of such
certification.
``(e) Secretary of State Concurrence.--The provision of
support 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
beginning 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:
``Sec. 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):
``(d) Regulations.--This section shall be carried out in
accordance with such regulations as the Secretary of Defense
shall prescribe 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 committees 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 subparagraphs (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 COMBATING
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 transferred
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:
``Sec. 345. Regional Defense Combating Terrorism Fellowship Program''.
(d) 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 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
section:
``Sec. 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 jurisdiction 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
department, upon approval by the Secretary of Defense,
shall determine--
``(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 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
subsection 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 military 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, discipline, 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 appointment 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 subsection is not subject to section
4346(d), 6958(d), or 9346(d) of this title, as the case
may be.
``(b) Exchange Programs With Foreign Military Academies.--
``(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 program 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 military 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 Secretary of the military department
concerned may provide a student from a foreign
country under the exchange program, 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.
``(5) Regulations.--The Secretary of the military
department concerned shall prescribe regulations to
implement this subsection. Such regulations may include
qualification criteria and methods of selection for
students of foreign military academies 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 jurisdiction 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 determines
that the attendance of such persons contributes
significantly 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 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
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.
SEC. 1249. CONSOLIDATED ANNUAL BUDGET FOR SECURITY COOPERATION 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:
``Sec. 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 submitted 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:
``Sec. 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,
evaluation, and administration of such programs and
activities under this chapter; and
``(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 activities
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 personnel 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 guidance for the execution and
administration of the Program.
``(3) Scope of guidance.--The guidance shall do the
following:
``(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 cooperation 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 security cooperation for
personnel of the security cooperation workforce
in different career tracks and levels of
competency based on requisite training and
experience.
``(D) Establish requirements for training
and professional development associated with
each level of certification provided for under
subparagraph (C).
``(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
appropriately certified personnel of the
security cooperation workforce to assignments
associated with key positions in connection
with security cooperation programs and
activities.
``(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 Department 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 consolidated 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
section, 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 cooperation 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 activities.
``(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 technology release policies.
``(4) Other military and civilian personnel of
Defense Agencies 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
significantly 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 subsection (e).''.
(b) Reports on Workforce Development.--
(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 Department of Defense Security Cooperation
Workforce Development 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 competencies of the current
or anticipated security cooperation
workforce
(ii) To provide incentives to
retain qualified, experienced 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 appropriate.
(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:
``Sec. 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'';
(4) by striking ``security assistance'' and
inserting ``assistance'';
(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 ``purpose'';
(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 services, supplies (including
consumables), and small-scale construction, and, if
applicable, a description of the military benefits for
such members involved in providing such training,
equipment, 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 operations.
``(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 associated 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 Requirement.--
Subsection (d) of such section 386, as so added, is amended--
(1) by striking ``If any information'' and
inserting the following:
``(1) In general.--Except as provided in paragraph
(2), if any information''; and
(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 capability 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 effective 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 programs, 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
appropriate, for improving the security sector
assistance programs, policies, authorities, and
resources of the United States Government to
more effectively achieve the goals specified in
subsection (a) and support other national
security 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 recommendations 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 determination or action when
made or taken, for purposes of the administration of such
successor authority.
(c) Report on Discharge of Certain Activities Under New
Security Cooperation Authority.--
(1) In general.--Not later than October 1, 2017,
the Secretary 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 subparagraph (A).
(ii) Recommendations for
legislative or administrative 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 Regulations (as in effect on the day before the
date of the enactment of this Act).
(4) United states person.--The term ``United States
person'' 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).
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 committed 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
internationally 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
personal 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 property 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
requirement.--The requirements of section 202
of the International 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 prohibit 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 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
violations.--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
President 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 committees of the House
of Representatives.
(e) Exception To Comply With United Nations Headquarters
Agreement and Law Enforcement Objectives.--Sanctions 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
international obligations of the United States.
(f) Enforcement of Blocking of Property.--A person that
violates, attempts to violate, conspires to violate, or causes
a violation 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 termination 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
(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 subsequent 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 submitted 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 congressional
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 Nationality 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.
(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 Foreign 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 military 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 HUMANITARIAN,
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.
(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
coordination 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
subsection (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 mitigation 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
submitted 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 missiles, 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:
(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
document 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 program.
(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 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 Technology 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 appropriate independent entity with
expertise in the procurement and operation of remotely
piloted aircraft, selected by the Chairman 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
subsection (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
appropriate.
(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
reimbursement basis, or by exchange of covered support,
supplies, and services, 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.
(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
acquisitions 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
immediately 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 components, repair
and maintenance services, and calibration services.
(2) Contingency operation.--The term ``contingency
operation'' 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
Department 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 AUTHORIZATION 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 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 section 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
Secretary 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, Production, 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 ``abandoned
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
munitions 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
Munitions.--In exercising the authority under subsection (a),
the Secretary 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
appropriated by this Act, the Secretary of Defense may use up
to $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
Officials 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
opportunity between members of the Armed Forces and officials
of the Department of Defense, on the one hand, and armed forces
personnel 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
program described in subsection (a) should include activities
and exercises focused on civil-military relations, including
parliamentary relations.
(e) Location of Exchanges.--The exchanges under the program
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 Department 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
appropriated 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.
(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 intelligence, 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 violation 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.
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 coordination 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
functions:
(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 analytics 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
propaganda 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 provided 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.
(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 guidance for the Center relating to relevant
privacy and civil liberties 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
exceptional circumstances justify an extension
of up to one additional 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 authorizing 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.--
(1) Authority for grants.--The Center is authorized
to provide grants or contracts of financial support to
civil society groups, media content providers,
nongovernmental organizations, federally funded
research and development centers, private companies, or
academic institutions for the following purposes:
(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 propaganda 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
Secretary 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
Committee 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 Representatives.
(h) Limitation.--None of the funds authorized to be
appropriated 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 BROADCASTING 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:
``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 Broadcasting
Bureau.--Effective on the date of the enactment of this
section, the position of the Director of the International
Broadcasting 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 enactment 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 capacities.'';
(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
agencies, 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)--
(I) by inserting ``, rent,
or lease'' after ``procure'';
and
(II) by striking ``personal
property'' and inserting
``property for journalism,
media, production, and
broadcasting, and related
support services,
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 Information 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 authorized 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 determines'' and inserting
``Chief Executive Officer determines'';
(xi) in paragraph (18), by striking
``the Bureau'' and inserting ``the
Chief Executive Officer''; and
(xii) by adding at the end the
following new paragraphs:
``(20) Notwithstanding any other provision of law,
including section 308(a), to condition, if appropriate,
any grant or cooperative agreement to RFE/RL, Inc.,
Radio Free Asia, or the Middle East Broadcasting
Networks, or any organization that is established
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 redirection of funds between language
services, to notify the Committee on Appropriations 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
regarding such redirection), and to condition grants or
cooperative 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
congressional 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 section 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.
``(d) Selection of the Board.--In identifying individuals
for appointment to the Advisory Board under subsection (a), the
President 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
Representatives;
``(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
Broadcasting 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
congressional 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 remuneration 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)--
(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 Appropriations 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
determined 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 provision 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
subsection (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 analysis to people in societies where a robust,
indigenous, independent, and free media does not exist;
``(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
construed to make such a consolidated grantee described in
subsection (a) or RFE/RL, Inc., Radio Free Asia, or the Middle
East Broadcasting 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 paragraphs (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;''.
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 AGREEMENTS WITH THE UNITED
STATES.
(a) Reports on Persons That Violate Treaties or
Agreements.--
(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, nonproliferation, 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
intelligence 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
paragraph (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
paragraph 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 agreements
or commitments to which the United States is a
participating 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
subsections (d), (e), and (f), the President shall impose the
measures 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
requirement 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 Requirements, 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 Regulation
required by this paragraph becomes effective--
(i) the head of that executive
agency shall terminate 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
maintained 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 subparagraph (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;
(II) in the case of a person
described in subsection (a)(1)(B), the
person conducted or facilitated a
transaction or transactions with, or
provided financial services 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 committees 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
measures 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 imposition 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 concerned 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 President determines
and certifies to the appropriate congressional
committees that the government concerned is in
the process of taking the actions described in
paragraph (1).
(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 consultations, if
any, with the government concerned under this
subsection, 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 Congress 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
violating 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 Intelligence 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 of the existence of the agreement and provide a
summary of the terms of the agreement.
(c) Definition.--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. 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 cooperation,
and co-production and co-development
opportunities;
(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 cooperation 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 Secretary of Defense and Secretary of State shall
jointly submit 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 procedures,
humanitarian assistance, and disaster relief;
(2) include exchanges of general and flag officers
between the two countries;
(3) enhance cooperative military operations,
including maritime security, counter-piracy, counter-
terror cooperation, and domain awareness, in the Indo-
Asia-Pacific region;
(4) accelerate the development of combined military
planning 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 assessment 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
Representative and Other Agencies.--The United States Trade
Representative 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 deployment of resources from those agencies to such
countries and through 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 Representative--
(A) to assist eligible countries, including
by deploying resources to such countries, in
addressing the plan developed under section
116(b) of the African Growth and Opportunity
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 Agreements
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 Opportunity 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
subparagraph:
``(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--
(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 SECURITY
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
Authorization 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
Authorization 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 COMMERCE 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 Commerce 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 section
is further amended by striking ``Trafficking'' both places it
appears and inserting ``Traffic''.
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
acquisition 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 personnel 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 trafficking 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, circumstances 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
authorized 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 jurisdictions 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;
(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, representative 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 termination, 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 description 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.--
(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
available 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.
SEC. 1302. FUNDING ALLOCATIONS.
(a) In General.--Of the $325,604,000 authorized to be
appropriated 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 Department
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 perform 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
(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 materials 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 COOPERATIVE 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 COOPERATIVE 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 installments.
``(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 congressional 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), (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 unclassified 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 subject 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 demilitarization alternative technologies.
Subtitle D--Other Matters
Sec. 1431. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 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.
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
Chemical Agents and Munitions Destruction, Defense, as
specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (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
Department 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
Department of Defense for fiscal year 2017 for expenses, not
otherwise provided for, for the Office of the Inspector General
of the Department 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 activities 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
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98d(b)), the National Defense Stockpile Manager may dispose of
the following 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 concentrates.
(b) Acquisition Authority.--
(1) Authority.--Using funds available in the
National Defense Stockpile Transaction Fund, the
National Defense Stockpile Manager may acquire the
following materials determined 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
Stockpile Manager may use up to $55,000,0000 in the
National Defense Stockpile Transaction Fund for
acquisition of the materials specified paragraph (1).
(3) Fiscal year limitation.--The authority under
paragraph (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
Stockpile.--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 ``subsection (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 domestically 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 strategic and critical materials, thereby
increasing domestic supplies 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 CONVENTIONAL
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 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
demilitarization 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
technologies, including technologies currently used by
the Department and emerging technologies used or being
developed by private or other governmental agencies,
including a comparison of cost, throughput capacity,
personnel safety, and environmental impacts.
(3) An identification of munitions types for which
alternatives 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 detonation, or non-closed loop
incineration/combustion, and recommendations 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 pursuant to subsection (a).
Subtitle D--Other Matters
SEC. 1431. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND FOR CAPTAIN JAMES A.
LOVELL HEALTH CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds
authorized 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 Demonstration 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
subsection (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 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
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.
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 explosive devices.
Sec. 1524. Overseas contingency operations.
Sec. 1525. Extension and modification of authorities on Counterterrorism
Partnerships 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
appropriations 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 interdiction 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 by the President for fiscal year 2017 pursuant to
section 1105(a) of title 31, United States Code. The Director
of the Office of Management and Budget shall apportion the
funds identified in such subsection 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'' transmitted
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 specified 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, development, 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
Department 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.
SEC. 1508. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2017 for expenses, not
otherwise provided for, for the Office of the Inspector General
of the Department 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
Department 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 subsection may not exceed
$3,500,000,000.
(4) Exception.--In the case of the authorizations
of appropriations 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 (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
paragraph (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
paragraph (1), the Commander of United States forces in
Afghanistan shall make a determination that the
equipment was procured 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
determination under paragraph (2) regarding equipment,
the Commander of United States forces in Afghanistan
shall consider alternatives 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 paragraph (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 subsection, 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 Department
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)--
(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 Security 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 security officers
specifically trained to address cases
of gender-based violence, including
ensuring the Afghan National Police's
Family Response Units have the
necessary 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 accountability
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 accountability
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
challenges 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 and Interior,
shall seek to assist the Government of
Afghanistan in including as part of the plan
developed under subparagraph (A) the
development and implementation 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
Ministry 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 materials 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 appropriate
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 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
section 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 Afghanistan'';
(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
available 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 Secretary 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
Foreign 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 proposed to be obligated or expended
to supply such training, equipment, supplies or
services, including any funds proposed to be
obligated or expended to support the
participation of another department or agency
of the United States and a description of the
training, equipment, supplies, or services
proposed to be supplied;
``(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 subparagraph (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 operations in such amounts as may be designated as
provided in section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control 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 appropriated 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
subsections (c) through (i), respectively; and
(2) by inserting after subsection (a) the following
new subsection (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 paragraphs (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
(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 Russian 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 communication services.
Sec. 1607. Space-based environmental monitoring.
Sec. 1608. Prohibition on use of certain non-allied positioning,
navigation, and timing 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
capabilities 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 positions 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.
Sec. 1650. Evaluation of cyber vulnerabilities of Department of Defense
critical infrastructure.
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 comply-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
communications systems of the National Guard.
Subtitle D--Nuclear Forces
Sec. 1661. Improvements to Council on Oversight of National Leadership
Command, Control, and Communications System.
Sec. 1662. Treatment of certain sensitive information by State and local
governments.
Sec. 1663. Procurement authority for certain parts of intercontinental
ballistic missile 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 assessment 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 survivability, 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 discrimination 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 interceptor 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 System.
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
beginning 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 infrastructure.
``(2) Funds described.--The funds described in this
paragraph are the following:
``(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 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 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 congressional 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
propulsion system will meet each
requirement under subsection (a)(2);
and
``(ii) such obligation or
expenditure will not negatively affect
the development of the rocket
propulsion system, including with
respect to meeting such requirements;
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 appropriated, minus
``(ii) $220,000,000.
``(e) 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
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
subsection (a), the Secretary shall conduct assessments of the
following:
(1) What satellites of the United States would be
appropriate 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 legislative, 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
appropriate.
(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 subsection (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 satellite launched by the Air Force,
the Navy, or the National Reconnaissance Office, or any
other element of the Department of Defense.
SEC. 1605. ANALYSIS OF ALTERNATIVES FOR WIDE-BAND COMMUNICATIONS.
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
subsections:
``(b) Scope.--
``(1) Study guidance.--In conducting the analysis
of alternatives under subsection (a), the Secretary
shall develop study guidance that requires such
analysis to include the full range of military and
commercial satellite communications capabilities,
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, military infrastructure
operation, maintenance costs, and
ground and user terminal impacts; and
``(ii) any other costs regarding
military or commercial 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 alternatives 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 alternatives under paragraph (1), the
Comptroller General shall submit to the congressional
defense committees a report containing--
``(A) a review of the analysis; and
``(B) an assessment of the types of
analyses the Secretary 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 alternatives conducted under
subsection (a)--
``(i) whether, and to what extent,
the Secretary--
``(I) conducted such
analysis using best practices;
``(II) fully addressed the
concerns of the acquisition,
operational, and user
communities; and
``(III) complied with
subsection (b); and
``(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 completed, the Secretary shall provide the Committees on
Armed Services 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
congressional 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
collaborate 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.
(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
Transportation of the Senate.
SEC. 1608. PROHIBITION ON USE OF CERTAIN NON-ALLIED POSITIONING,
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
subsection (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
(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 increment 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 hardware 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
capabilities, 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
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 the OCX, not more than 50
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, unless--
(1) the Secretary has submitted to Congress the
certification described in subsection (a); and
(2) not earlier than January 15, 2017, the
Secretary provides to the congressional defense
committees a briefing on the OCX with respect to--
(A) the status of the OCX program,
including information 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 Operational 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 program
cost.
(c) Additional Limitation Until Second Briefing.--In
addition to the limitations in subsection (a) and (b), of the
funds authorized 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 contract for the OCX, or for any other purpose in
connection with the OCX, unless--
(1) the Secretary has submitted to Congress the
certification 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
provide the briefing under subsection (b)(2) or subsection
(c)(3), respectively, before the date specified by such
subsection if the Secretary determines that providing such
briefing before such date is necessary for the national
security interests of the United States.
SEC. 1611. AVAILABILITY OF FUNDS FOR CERTAIN SECURE VOICE CONFERENCING
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 enactment 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 Presidential 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.
SEC. 1612. SPACE-BASED INFRARED SYSTEM AND ADVANCED EXTREMELY HIGH
FREQUENCY PROGRAM.
(a) Limitation on Development and Acquisition of
Alternatives.--
(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 frequency
program of record until the date on which the Commander
of the United States Strategic Command and the Director
of the Space Security and Defense Program, in
consultation 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
paragraph are--
(A) an assessment of the resilience and
mission assurance 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 assurance 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 following:
(A) The requirements for resilience and
mission assurance.
(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 congressional defense committees.
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) demonstrating 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 Reconnaissance 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
(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 necessary to
transfer are appropriate and include funding for
positions 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 congressional 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
monitoring missions'' means the acquisition programs
necessary to meet the national security requirements
for cloud characterization 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
enactment of this Act, the Secretary of Defense, in
coordination with the Director of National Intelligence, shall
submit to the appropriate 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 agencies;
(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 personnel 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 Intelligence 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 foreign 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 managed 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 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
separately submit to the appropriate congressional committees
recommendations to--
(1) in accordance with subsection (b), strengthen
the leadership, 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 Comptroller 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
following:
(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.
(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
congressional 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 conduct 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 requirements, 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 considerations; and
(ii) identification of the
appropriate resourcing for each such
Department in accordance with the
respective 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 the Committee on Homeland
Security of the House of Representatives; 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 PROGRAM.
(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 intelligence 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 security 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
submitted 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 Intelligence of the Senate.
SEC. 1620. PROVISION OF CERTAIN INFORMATION TO GOVERNMENT
ACCOUNTABILITY OFFICE BY NATIONAL RECONNAISSANCE
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 assessments, as required by any of the
appropriate congressional committees, 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.
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 committees'' 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 Representatives.
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 implement 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.
(4) An assessment of any risks to the viability and
required availability of the Global Positioning System
constellation associated 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
analysis of the ability of alternative systems to
satisfy the requirements 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 requirements 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
congressional 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 INTELLIGENCE 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
appropriated 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 Intelligence Fusion Cell that outlines--
(1) the current facility and support requirements
and associated costs, including any adjustments of such
requirements 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 Intelligence of the Senate.
SEC. 1633. SURVEY AND REVIEW OF DEFENSE INTELLIGENCE ENTERPRISE.
(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 military
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
paragraph (1) shall include the following:
(A) A comprehensive assessment of the
Defense Intelligence 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
requirements;
(iii) is responding with sufficient
agility to emerging or unexpected
requirements; and
(iv) is sufficiently integrated
with combatant commands, subordinate
commands, and joint task forces.
(B) With respect to each geographic
combatant command 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 intelligence resources to
meet combatant commander priorities;
(iii) detailed information on the
intelligence priorities 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 commander.
(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 committees 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 command uses the intelligence
resources available to such command; and
(B) the recommendations of the Chairman, if
any, to improve the Defense Intelligence
Enterprise to fulfill operational 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, counterintelligence, 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, intelligence-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,''.
SEC. 1642. LIMITATION ON TERMINATION OF DUAL-HAT ARRANGEMENT 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 arrangement
until the date on which the Secretary and the Chairman of the
Joint Chiefs of Staff jointly certify to the appropriate
committees of Congress that--
(1) the Secretary and the Chairman carried out the
assessment 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 Security 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 independently.
(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 processes have been
established for planning,
deconflicting, and executing military
cyber operations.
(iii) The tools and weapons used in
cyber operations 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 operational 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 Intelligence 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.
(2) Dual-hat arrangement.--The term ``dual-hat
arrangement'' 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
section 1599f of title 10, United States Code, for United
States Cyber Command workforce positions in accordance with the
implementation 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 interagency 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 guidelines
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 personnel 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
commander of a combatant command establishes appropriate
agreements with the Secretary relating to the use of cyber
opposition forces. Each agreement shall require the command--
(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 VULNERABLE TO CYBER ATTACK.
(a) Authority to Provide Cyber Protection Support.--
(1) In general.--Subject to a determination by the
Secretary 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 vulnerable to cyber attacks and hostile
information collection activities because of
the positions occupied by such personnel in the
Department; and
(B) whose personal technology devices are
highly vulnerable to cyber attacks and hostile
information collection 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, assistance, 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 Department 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 subsection (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
(C) the Chief Information Officer of the
Department of Defense.
(2) Certification.--A certification described in
this subsection is a written certification that--
(A) the testing and evaluation activities
required under subsection (a) are unnecessary,
accompanied by an explanation 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 demonstrated
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 justification 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 networking
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 members
appointed by the Secretary of Defense of which five members
shall be representatives of non-governmental entities and five
members 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
September 30, 2022.
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,
document, 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 AIRCRAFT 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 subsection:
``(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.''.
SEC. 1650. EVALUATION OF CYBER VULNERABILITIES OF DEPARTMENT 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 installations, 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 infrastructure 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, innovative
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-consequence 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
paragraph (1), the Secretary may use tools and
solutions developed under subsection (e).
(4) Report.--Not later than December 31, 2019, the
Secretary 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 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).
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
subsection (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 readiness 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
Secretary 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 SYSTEMS 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, facilities, 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:
(1) A statement of the mission of the Defense
Information Systems Agency that--
(A) addresses the critical operations and
functions carried 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 Department 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 modifications involving the expansion,
divestment, consolidation, or curtailment of
activities) that are proposed, projected, or
recommended by the Director.
(7) Any other matters determined to be appropriate
by the Director.
SEC. 1653. PLAN FOR INFORMATION SECURITY CONTINUOUS MONITORING
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 automated information security continuous
monitoring capability 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,
processes, and other components of the
continuous monitoring capability; and
(B) a comply-to-connect policy that
requires systems to automatically comply with
the configurations of the networks 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 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
management, 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 CYBERSPACE.
(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:
(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 Secretary 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
identifies, 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 operation.
(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 NETWORKS AND
COMMUNICATIONS SYSTEMS OF THE NATIONAL GUARD.
It is the sense of Congress that, to the greatest extent
practicable, 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.
Subtitle D--Nuclear Forces
SEC. 1661. IMPROVEMENTS TO COUNCIL ON OVERSIGHT OF NATIONAL LEADERSHIP
COMMAND, CONTROL, AND COMMUNICATIONS 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 subsections:
``(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,
Technology, and Logistics shall submit to the congressional
defense committees a report prepared by the Council detailing
the implications 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
following:
``(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, 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, control, 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 communications.''.
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 dissemination 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 subsection (f); and
(2) by striking subsection (b) and inserting the
following new subsections:
``(b) Designation of Department of Defense Critical
Infrastructure Security Information.--In addition to any other
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 information from disclosure described in such subsection.
``(c) Information Provided to State and Local
Governments.--(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 Department of Defense.
``(2)(A) A State or local law authorizing or requiring a
State or local government to disclose Department of Defense
critical infrastructure security information that is covered by
a written determination 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
designated 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 determination 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 INTERCONTINENTAL
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
procurement 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
``covered 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
appropriated 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);
(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 strategic 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 violations.
(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
declaratory 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 capability 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 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
Federation 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
Secretary 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.
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 Department 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
intercontinental ballistic missiles.
(B) Ensuring the safety, security, or
reliability of intercontinental ballistic
missiles.
(C) Reduction in the number of deployed
intercontinental 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 support the capability to redeploy multiple
independently retargetable 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 capability to redeploy multiple
independently retargetable reentry vehicles
across the full intercontinental ballistic
missile fleet, including which portion of the
active or inactive 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.
(D) The current and planned (through 2030)
time required to commence redeployment of
multiple independently retargetable reentry
vehicles across the intercontinental 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 intercontinental
ballistic missile fleet.
SEC. 1668. REQUESTS FOR FORCES TO MEET SECURITY REQUIREMENTS 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 MILITARY
LEADERSHIP SURVIVABILITY, COMMAND AND CONTROL, 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
congressional 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 Federation, respectively. The report shall include
the following:
(1) The goals and objectives of such programs and
activities of each respective country.
(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 political 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 activities.
(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 assistance, 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 programs and capabilities, and
any gaps in such collection.
(12) Any other matters the Director determines
appropriate.
(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, control, and communications systems for the
national leadership of the People's Republic of China and the
Russian Federation, respectively, 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 Federation, respectively, are
considered in the plans and options under the responsibility of
the Commander under the unified command plan.
(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 Intelligence 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 recommendations.
(2) The processes used to implement recommendations
from other assessments of the nuclear enterprise of the
Department of Defense, including the National
Leadership Command Capability 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 provocations,
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 necessary;
(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 communicate 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 command 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 fundamentally 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;
(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 Compartment, the Trident II (D5) Strategic
Weapon System, and associated 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 increasingly complex ballistic missile threat
with funding subject to the annual authorization of
appropriations and the annual appropriation 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
appropriated 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''.
(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 nonkinetic 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 initially 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.
(3) The missile defeat posture, capability, and
force structure 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
interoperability of such programs with allies, and
specific benchmarks, milestones, and key steps required
to reach such end-states.
(5) The process for determining requirements, force
structure, 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 Secretary of Defense, Defense Agencies, combatant
commands, the Joint Chiefs of Staff, the military
departments, and the intelligence community in such
programs and the process for ensuring accountability of
each stakeholder.
(8) Standards for the military utility, operational
effectiveness, 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
effectiveness 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
codevelopment 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 indications and warning described in paragraph (16)
and the consequences on the missile defeat capability,
objectives, and military options of the United States
and the plans of the combatant commanders.
(18) Any other matters the Secretary determines
relevant.
(c) Reports.--
(1) Results.--Not later than January 31, 2018, the
Secretary 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 committees, the Permanent Select Committee on
Intelligence of the House of Representatives, and the
Select Committee on Intelligence of the Senate a report
containing an unclassified summary, consistent with the
protection of intelligence sources and methods, of--
(A) as of the date of the report required
by this paragraph, 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-, intermediate-, 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 operations 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
appropriated 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
responsibilities described.--The non-standard
acquisition processes and responsibilities described in
this paragraph are such processes 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
Secretary 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 specified 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
appropriated 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 paragraph.
(3) Reprogramming and transfers.--Any reprogramming
or transfer made to carry out paragraph (1) shall be
carried out in accordance with established procedures
for reprogramming 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
evaluation 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 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 enactment 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 environmental 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 Chairman 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, 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 paragraph (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 accordance 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 remediations, 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 conventional 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
capability, 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
(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 maneuvering
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 experimentation, 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 conventional 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
available for fiscal year 2017 for research, development, test,
and evaluation, 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 operational conventional prompt strike
capability; and
(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 BALLISTIC 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
subsection (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 analysis 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 setting 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).
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
Logistics shall jointly submit to the
appropriate congressional committees--
(i) a certification that the
amended bilateral international
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 procurement, 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 Interceptor Program,
including for coproduction of parts and
components in the United States by United
States industry.
(2) Certification.--
(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, technical
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, respectively;
(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 respective systems or in
another matching amount that otherwise
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 batteries of such
respective systems that will be
procured, 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 components 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 obligated
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 Interceptor 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 Interceptor Program;
or
(ii) separate certifications for
each respective system.
(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
certification 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 hardware in
accordance with a production plan, including a
funding profile detailing Israeli contributions
for production, 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 completed knowledge points,
technical milestones, and production 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
unobligated 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
replacement, 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
coordination with the Chief of Staff of the Army,
submits to the congressional 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
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 description 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
capability 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 reduction 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 purpose (in accordance with
established procedures for reprogramming or transfers) to
meaningfully accelerate the acquisition program and, if so,
how.
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 technical information and controlled
unclassified information.
(b) Priority.--In carrying out the pilot program under
subsection (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
subsection (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 considering 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 DISCRIMINATION 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 subsection (a)(1)(A).
SEC. 1694. REVIEW OF MISSILE DEFENSE AGENCY BUDGET SUBMISSIONS FOR
GROUND-BASED MIDCOURSE DEFENSE AND EVALUATION OF
ALTERNATIVE GROUND-BASED INTERCEPTOR DEPLOYMENTS.
(a) Budget Sufficiency.--
(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 control, 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 committees an update to the report under
paragraph (1).
(b) Evaluation of Transportable Ground-based Interceptor.--
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 interceptor for the
defense of the homeland against a limited ballistic
missile attack, including from accidental or
unauthorized ballistic missile launch;
(2) the type and number of flight and or intercept
tests that would be required to validate the capability
and compatibility of a transportable ground-based
interceptor in the ballistic missile defense system;
(3) the enabling capabilities, and the cost of such
capabilities, 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.
(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 intercept tests, occurring during the period
covered by the notification; 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 contractor
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 committees, a report on the unfunded priorities of the
Missile Defense Agency.
(b) Elements.--
(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 procurement accounts.
(ii) Program Element (PE) number
for applicable research, development,
test, and evaluation accounts.
(iii) Sub-activity group (SAG) for
applicable operation and maintenance
accounts.
(2) Prioritization of priorities.--Each report
under subsection (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 requirement; 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:
``Sec. 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:
``(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 disabling 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 Transportation.
``(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 guidance 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 purposes 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 Department 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
beginning 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.''.
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 interference 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 Representatives.
``(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 Interference.--
(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 widespread 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
subparagraph (A) shall include--
(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 conditions 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
paragraph 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 interference
with covered GPS devices; and
(ii) submits to the congressional
defense committees 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''.
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
demonstrated 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 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
payments 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 payments 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.
(c) Definitions.--For purposes of this title:
(1) Compensable guam decedent.--The term
``compensable 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
personal 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
Commission 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 functions 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).
(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
Settlement 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
representational 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 Settlement 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 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 supporting the claim involved, including
the level of payment sought.
(10) Release of related claims.--Acceptance of a
payment 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 implementing 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 Adjudication.--
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.
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 obtain past performance ratings.
Sec. 1823. Amendments to the Mentor-Protege Program of the Department of
Defense.
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 preparedness.
Sec. 1843. Additional cybersecurity assistance for small business
development centers.
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 purchase and contracts for goods and
services of the Government in each industry
category (as defined under paragraph (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 accordance with the North
American Industry Classification System codes
used to establish small business size
standards, 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 segmentation of the industry category
is warranted--
``(i) due to special capital
equipment needs;
``(ii) due to special labor
requirements;
``(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 category 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
contracts.--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
procurements.--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 performed
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
concern 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
representatives.--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
statement explaining--
``(i) why the proposed procurement
cannot be divided into reasonably small
lots (not less than economic 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;
``(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 proposed
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
procurement 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 Procurement Data System,
Federal Subcontracting Reporting
System, or any new or successor system.
``(ii) GSA report.--On the date
that the Administrator makes available
the report required under paragraph
(2), the Administrator of the General
Services Administration shall submit to
the President and Congress, and shall
make available on a public website, a
report in the same form and manner, and
including the same information, as the
report required under paragraph (2).
The report shall include all
procurements 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 REPRESENTATIVES.
(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 procurement 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 contracts 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
consolidated 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
Department 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.''.
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
subparagraph:
``(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 Disadvantaged
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 regulations (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 (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 Administration, a list of resources for small business
concerns seeking education and assistance on compliance with
contracting regulations (including the Federal Acquisition
Regulation) after award of a contract or subcontract.''.
(d) Requirements for Procurement Center Representatives.--
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 contracting with the Federal
Government after award of a contract or
subcontract under this section.''.
SEC. 1814. IMPROVING EDUCATION ON SMALL BUSINESS REGULATIONS.
(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 regulations promulgated--
``(A) by the Administrator that affect
Federal acquisition; and
``(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
pursuant to section 15(v) of the Small Business Act, the
Defense Acquisition 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 incorporate 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 paragraph (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 paragraph (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 QUALIFIED
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:
``(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 paragraph 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 concern 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 covered 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 contractor 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 business 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 contractor fail to
respond within 30 days or if they disagree
about the rating, or if either the Office of
Small and Disadvantaged 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 application from such concern,
any responses of the Office of Small and Disadvantaged
Business Utilization and the prime contractor, and any
additional information provided by such concern. 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 General 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 contracting officer (or designee) or the
prime contractor contested the application of
the small business concern;
``(iii) any suggestions or recommendations
the Comptroller 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
Comptroller 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 subsection (e) and provide assistance under
the program pursuant to that agreement if the mentor
firm--
``(A) is eligible for award of Federal
contracts; and
``(B) demonstrates that it--
``(i) is qualified to provide
assistance that will contribute 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 suspended
contractors; and
``(iii) can impart value to a
protege firm because of experience
gained as a Department of Defense
contractor or through knowledge of
general business operations 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 capability to
assist in the development of
protege firms, and is approved
by the Secretary of Defense
pursuant to criteria specified
in the regulations prescribed
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
Administration 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
Administrator 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
subparagraph:
``(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 AGRICULTURAL
PRODUCERS.
(a) Amendment to Definition of Agricultural Enterprises.--
Paragraph (1) of section 18(b) of the Small Business Act (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 procedures 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
concern 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
caregiver 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 disability
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
concern;
``(II) such veteran had a service-
connected disability (as defined in
section 101(16) of title 38, United
States Code) rated as 100 percent
disabling under the 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 veteran, 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 relinquishes 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 Concern
Consolidated.--
(1) In general.--Section 8127 of title 38, United
States Code, is amended--
(A) by striking subsection (h) and
redesignating subsections (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 paragraph:
``(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 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
Business 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
administration 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
subsections (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
database 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 Administration (as established under section 5(i) of
the Small Business Act). The decision of the Office of Hearings
and Appeals shall be considered 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
``(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 reimbursement shall be determined jointly by
the Secretary and the Administrator 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 Management 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 Secretary 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
Reconsideration.--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
implementing 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''.
(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 Security 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 Administration 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 centers (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 concern'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-effective 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
(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 effectively 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 Business
Development Center Cyber Strategy developed under
paragraph (1).
(5) Definitions.--In this subsection, the following
definitions 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 Development
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 subsection:
``(l) Cybersecurity Outreach.--
``(1) In general.--The Secretary may leverage small
business development centers to provide assistance to
small business 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, awareness 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--
(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 business 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 subparagraph:
``(G) access to cybersecurity specialists to
counsel, assist, and inform small business concern
clients, 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.''.
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 Security, and any other Federal
department or agency in coordination with the
Department of Homeland Security, may leverage
small business development centers to provide
assistance to small business concerns by
disseminating information relating to
cybersecurity risks and other homeland 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 `cybersecurity 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 Security.
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.
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
awareness' 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 operations 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 responsibilities 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 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
Administrator 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 Department 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 leadership
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 Secretary 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 Secretary, 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 allocated to the
Joint Task Force to accomplish the objectives
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
temporary 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 location 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 military
entities.
``(D) Consideration of impact.--When
reviewing requests for allocation of component
personnel and equipment 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 Homeland 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.
``(7) Component resource authority.--As directed by
the Secretary--
``(A) each Director of a Joint Task Force
shall be provided 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 responsibilities of such
Joint Task Force.
``(9) Establishment of performance metrics.--The
Secretary 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 establishment 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 Representatives 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 subparagraph (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
Department; and
``(II) promoting workforce
professional development; 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.
``(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 establishing a Joint Task Force under
this subsection, the Secretary 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
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 Committee 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 Department 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 Committee 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
subparagraph (A) shall include--
``(i) an assessment of the
effectiveness of the structure of each
Joint Task Force; and
``(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 Department 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 ``Department,''; 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 DEPARTMENT 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 Secretary. 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;
``(2) develop and coordinate policies to promote
and ensure quality, consistency, and integration for
the programs, components, 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 consultation with the
Secretary regarding the quadrennial homeland 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 stakeholder 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
secretary 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
Secretary 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.
``(2) Transfer of responsibilities.--There shall be
transferred 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 `Yearbook 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').''.
(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 following:
``(9) The management integration and transformation
within each functional management discipline of the
Department, 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 practices, 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 implement policies and
procedures of the Department for management
integration and transformation.'';
(B) by redesignating paragraphs (10) and
(11) as paragraphs (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
available 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 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-financial 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 principles and in line with Department
strategic human capital goals and priorities, taking
into account the special requirements 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
opportunities 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 initiatives;
``(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 additional 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, delineated 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 contractor 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
Congress 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 Homeland 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 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
Programs.--
``(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 development 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.--
Paragraph (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 thereafter, 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 classified
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 continue 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--
``(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 cooperative agreement partner involved in
such project;
``(G) expected objectives and milestones
for such project; and
``(H) to the maximum extent practicable,
relevant literature and patents that are
associated with such project.
``(2) Classified.--The term `classified' means
anything containing--
``(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
Compartmented 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 Executive 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 terminated.
``(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 FOREIGN 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, 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,
intervention, 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
concern, as appropriate.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental 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--
(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 international 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 Representatives, 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 Government 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;
(iii) new authorities or changes in
existing authorities 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 responsible for the specific
actions described in this subparagraph.
(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
implementation 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 congressional
committees an implementation plan developed under
subsection (c) with each national strategy required
under subsection (b). Consistent with the protection of
classified information, 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 congressional
committees an annual updated implementation plan during
the ten-year period beginning on the date of the
enactment of this Act.
(e) Definition.--In this section, the term ``appropriate
congressional 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
Governmental 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--
(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 makers, 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
private 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 following:
``(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 Operations Center established under
subsection (b) to ensure the effective sharing of
information between the Federal Government 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 for vetting and
screening of persons seeking to enter the United
States.
(2) A risk-based method for determining whether to
establish 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 vetting 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 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
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 preceding fiscal year.
(3) Analysis of the impact of each international
program referred to in paragraph (1) on domestic
activities of components 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 identification and risk
assessment, as the case may be, and to assist in
determining effective funding priorities for grants
under such sections.
``(2) Composition.--
``(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 enforcement, emergency medical
services, and emergency managers.
``(iii) Public health officials and
other appropriate medical
practitioners.
``(iv) Individuals representing
educational institutions, including
elementary schools, community colleges,
and other institutions of higher
education.
``(v) State and regional
interoperable communications
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 subsection 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 multijurisdictional 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
departmental 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 cybersecurity 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 communications integration
center).
``(B) Cybersecurity investigations
capabilities.
``(C) Cybersecurity research and
development.
``(D) Engagement with international
cybersecurity partners.
``(c) Considerations.--In developing the strategy required
under subsection (a), the Secretary shall--
``(1) consider--
``(A) the cybersecurity strategy for the
Homeland Security 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 purpose 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 paragraphs (8) and (9), respectively;
(C) by inserting after paragraph (6) the
following new paragraph:
``(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 phenomenon.'';
(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 Committee on Homeland
Security and the Permanent Select Committee 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 thereafter for the next
six years, updates of the recommended
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 infrastructure;
``(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, 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 recommendations 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
government.--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 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.
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 Security 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 authorizations 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 contributions to the North Atlantic
Treaty Organization Security Investment 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 ACQUISITION 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 Secretary 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:
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 Secretary 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
appropriated pursuant to the authorization of appropriations in
section 2103(a) and available for military family housing
functions as specified 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 Humphreys........... Family Housing New $297,000,000
Construction.............
Camp Walker............... Family Housing New $54,554,000
Construction.............
----------------------------------------------------------------------------------------------------------------
(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 in the funding table in section 4601, the Secretary
of the Army 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 $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
September 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
authorized 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 (division 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 Aerial Vehicle $12,200,000
Complex..................
Virginia............................... Fort Belvoir.............. Secure Admin/Operations $172,200,000
Facility.................
Italy.................................. Camp Ederle............... Barracks.................. $36,000,000
Japan.................................. Sagami.................... Vehicle Maintenance Shop.. $18,000,000
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Installation or
State or Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland........................... Fort Detrick.......... Entry Control Point....... $2,500,000
Marshall Islands................... Kwajalein Atoll....... Pier...................... $63,000,000
Japan.............................. Kyotango City......... Company Operations Complex $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 ACQUISITION 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 Secretary 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
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 Secretary 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 Unspecified......................... Unspecified Worldwide Locations................. $41,380,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--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 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 Islands........................ Guam....................... Replace Andersen Housing $78,815,000
PH 1....................
----------------------------------------------------------------------------------------------------------------
(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 construction design activities with respect to the
construction or improvement 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
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 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
September 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
authorized 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 (division 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:
Navy: Extension of 2013 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Camp Pendleton........... Comm. Information Systems $78,897,000
Ops Complex..............
Greece.................................. Souda Bay................. Intermodal Access Road.... $4,630,000
South Carolina.......................... Beaufort.................. Recycling/Hazardous Waste $3,743,000
Facility.................
Worldwide Unspecified................... Various Worldwide BAMS Operational $34,048,000
Locations................ Facilities...............
----------------------------------------------------------------------------------------------------------------
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 Maintenance $31,820,000
Hangar Upgrades.........
Pearl City............... Water Transmission Line.. $30,100,000
Illinois............................... Great Lakes.............. Unaccompanied Housing.... $35,851,000
Maine.................................. Bangor................... NCTAMS VLF Commercial $13,800,000
Power Connection........
Nevada................................. Fallon................... Wastewater Treatment $11,334,000
Plant...................
Virginia............................... Quantico................. Academic Instruction $25,731,000
Facility TECOM Schools..
Quantico................. Fuller Road Improvements. $9,013,000
----------------------------------------------------------------------------------------------------------------
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 transferred 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 completion of such relocation to exceed the total number of
acres of real property controlled by the Navy on Guam prior to
such relocation.
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 Secretary 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
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alabama...................... Maxwell Air Force Base $15,000,000
Alaska....................... Clear Air Force $20,000,000
Station.
Eielson Air Force Base $295,600,000
Joint Base Elmendorf- $29,000,000
Richardson...........
Arizona...................... Luke Air Force Base... $20,000,000
California................... Edwards Air Force $24,000,000
Base.
Colorado..................... Buckley Air Force $13,500,000
Base.
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 $19,800,000
Base.
Louisiana.................... Barksdale Air Force $21,000,000
Base.
Maryland..................... Joint Base Andrews.... $66,500,000
Massachusetts................ Hanscom Air Force Base $30,965,000
Montana...................... Malmstrom Air Force $14,600,000
Base.
Nevada....................... Nellis Air Force Base. $10,600,000
New Mexico................... Cannon Air Force Base. $21,000,000
Holloman Air Force $10,600,000
Base.
Kirtland Air Force $7,300,000
Base.
Ohio......................... Wright-Patterson Air $12,600,000
Force Base...........
Oklahoma..................... Altus Air Force Base.. $11,600,000
Tinker Air Force Base. $43,000,000
South Carolina............... Joint Base Charleston. $17,000,000
Texas........................ Joint Base San Antonio $67,300,000
Utah......................... Hill Air Force Base... $44,500,000
Virginia..................... Joint Base Langley- $59,200,000
Eustis.
Washington................... Fairchild Air Force $27,000,000
Base.
Wyoming...................... F.E. Warren Air Force $5,550,000
Base.
------------------------------------------------------------------------
(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 Secretary 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
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 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
September 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.
(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
authorized 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 Secretary 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 $2,000,000
Station..................
----------------------------------------------------------------------------------------------------------------
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:
Air Force: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified (Italy)........... Aviano Air Base........... Guardian Angel Operations $22,047,000
Facility.................
----------------------------------------------------------------------------------------------------------------
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 property 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 property 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 Secretary 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 Micronesia,
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 Secretary 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:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska.......................................... Clear Air Force Station.................... $155,000,000
Fort Greely................................ $9,560,000
Joint Base Elmendorf-Richardson............ $4,900,000
Arizona......................................... Fort Huachuca.............................. $4,493,000
California...................................... Coronado................................... $175,412,000
Travis Air Force Base...................... $26,500,000
Delaware........................................ Dover Air Force Base...................... $44,115,000
Florida......................................... Patrick Air Force Base..................... $10,100,000
Georgia......................................... Fort Benning............................... $4,820,000
Fort Gordon................................ $25,000,000
Maine........................................... Portsmouth................................. $27,100,000
Maryland........................................ Bethesda Naval Hospital.................... $510,000,000
Fort Meade................................. $38,000,000
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 Secretary 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:
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 Secretary 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
September 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
authorized 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 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 Cumberland............. Replace reservoir........ $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 $23,095,000
Training Center.........
Germany................................ Kaiserslautern............. Replace Kaiserslautern $49,907,000
Elementary School.......
Ramstein Air Base.......... Replace Ramstein High $98,762,000
School..................
Hawaii................................. Joint Base Pearl Harbor- DISA Pacific Facility $2,615,000
Hickam.................... Upgrade.................
Massachusetts.......................... Hanscom Air Force Base..... Replace Hanscom Primary $36,213,000
School..................
United Kingdom......................... RAF Lakenheath............. Replace Lakenheath High $69,638,000
School..................
Virginia............................... Marine Corps Base Quantico. Replace Quantico Middle/ $40,586,000
High School.............
Pentagon................... PFPA Support Operations $14,800,000
Center..................
Pentagon................... Raven Rock Administrative $32,000,000
Facility Upgrade........
Pentagon................... Boundary Channel Access $6,700,000
Control Point...........
----------------------------------------------------------------------------------------------------------------
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 Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment Program
as provided 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 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 Secretary 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
----------------------------------------------------------------------------------------------------------------
Installation or
Country Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Korea.......................... Army.............. CP Tango.......... Repair Collective $11,600,000
Protection System
(CPS)..............
Army.............. Camp Humphreys.... Duplex Company $10,200,00
Operations,
Zoeckler Station...
Army.............. Camp Humphreys.... Vehicle Maintenance $49,500,000
Facility & Company
Ops Complex (3rd
CAB)...............
Army.............. Camp Humphreys.... 8th Army $14,600,000
Correctional
Facility...........
Navy.............. Camp Mujuk........ Marine Air Ground $68,000,000
Task Force
Operations Center..
Navy.............. Camp Mujuk........ Camp Mujuk Life $14,100,000
Support Area (LSA)
Barracks #2........
Navy.............. Camp Mujuk........ Camp Mujuk Life $14,100,000
Support Area (LSA)
Barracks #3........
Air Force......... Kunsan Air Base... 3rd Generation $132,500,000
Hardened Aircraft
Shelters (HAS);
Phases 4, 5, 6.....
Air Force......... Kunsan Air Base... Upgrade Electrical $13,000,000
Distribution System
Air Force......... Osan Air Base..... Construct Korea Air $160,000,000
Operations Center..
Air Force......... Osan Air Base..... Air Freight Terminal $40,000,000
Facility...........
Air Force......... Osan Air Base..... Construct F-16 Quick $7,500,000
Turn Pad...........
Defense-Wide...... Camp Carroll...... Sustainment $74,600,000
Facilities Upgrade
Phase I - DLA
Warehouse..........
Defense-Wide...... USAG Humphreys.... Elementary School... $42,000,000
Defense-Wide...... Icheon Special Special Operations $9,900,000
Warfare Command.. Command, Korea
(SOCKOR)
Contingency
Operations Center
and Barracks.......
Defense-Wide...... K-16 Air Base..... Special Operations $11,000,000
Forces (SOF)
Operations
Facility, B-606....
----------------------------------------------------------------------------------------------------------------
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, 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
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 improvements and associated supporting
facilities to provide required access to the Reserve Training
Center.
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 Secretary 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 (division 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
March Air Force Base...... NOSC Moreno Valley Reserve $11,086,000
Training Center..........
Florida................................. Homestead ARB............. Entry Control Complex..... $9,800,000
Maryland................................ Fort Meade................ 175th Network Warfare $4,000,000
Squadron Facility........
Martin State Airport...... Cyber/ISR Facility........ $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 closure 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.
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 maintenance funds for construction projects outside the
United States.
Sec. 2805. Authority to expand energy conservation construction program
to include energy resiliency projects.
Sec. 2806. Additional entities eligible for participation in defense
laboratory modernization pilot program.
Sec. 2807. Extension of temporary authority for acceptance and use of
contributions for certain construction, maintenance, and
repair projects mutually beneficial to the Department of
Defense and Kuwait military forces.
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 components within the meaning of ``wastewater system''
under the Department 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 facility 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, California.
Sec. 2826. Release of property interests retained in connection with
land conveyance, Eglin Air Force Base, Florida.
Sec. 2827. Land exchange, Fort Hood, Texas.
Sec. 2828. Land Conveyance, P-36 Warehouse, Colbern United States Army
Reserve 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, Washington.
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 provisions 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 Weapons Station China Lake, California.
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.
(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 subsection (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 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 CONSTRUCTION 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 RESILIENCY 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''.
(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 paragraph:
``(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 functions, 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 functions, and
address known vulnerabilities.
``(4) Such other information as the Secretary
considers appropriate.''.
SEC. 2806. ADDITIONAL ENTITIES ELIGIBLE FOR PARTICIPATION IN DEFENSE
LABORATORY MODERNIZATION PILOT PROGRAM.
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 CONSTRUCTION,
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.--Subsection
(f) of section 2687a of title 10, United States Code, is
amended to read as follows:
``(f) Acceptance of Military Construction Projects As
Payments-In-Kind and In-Kind Contributions.--(1)(A) Except as
provided 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
construction 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 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
contribution 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
Authorized.--Chapter 152 of title 10, United States Code, is
amended by inserting after section 2566 the following new
section:
``Sec. 2567. Space and services: provision to WIC offices
``(a) Allotment of Space and Provision of Services
Authorized.--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 of 1966 (42 U.S.C. 1786)) that
participates in the special supplemental nutrition
program for women, infants, and children under such
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning 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 CONVEYANCE 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 systems, 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 installations 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 programs 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 Appropriations
Act, 2012 (Public Law 112-74; 125 Stat. 833), section
8108 of the Consolidated and Further Continuing
Appropriations Act, 2013 (Public Law 113-6; 127 Stat.
322), and section 8107 of the Consolidated and Further
Continuing Appropriations 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 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 DEPARTMENT 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 PROPERTY, 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 Frequency Active Auroral Research
Program facility, and comprise a portion of the
property more particularly described in subsection (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
conveyance 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.
(B) E\1/2\, S\1/2\NW\1/4\, SW\1/4\ of
section 2.
(C) S\1/2\SE\1/4\, NE\1/4\SE\1/4\ of
section 3.
(D) E\1/2\ of section 10.
(E) Sections 11 and 12.
(F) That portion of N\1/2\, N\1/2\S\1/2\ of
section 13, excluding all lands lying southerly
and easterly of the Glenn Highway right-of-way.
(G) N\1/2\, N\1/2\S\1/2\ of section 14.
(H) NE\1/4\, NE\1/4\SE\1/4\ of section 15.
(2) Township 7 north, range 2 east:
(A) W\1/2\ of section 6.
(B) NW\1/4\ of section 7, and the portion
of N\1/2\SW\1/4\ and NW\1/4\SE\1/4\ of such
section lying northerly of the Glenn Highway
right-of-way.
(3) Township 8 north, range 1 east:
(A) SE\1/4\SE\1/4\ of section 35.
(B) E\1/2\, SW\1/4\, SE\1/4\NW\1/4\ of
section 36.
(4) Township 8 north, range 2 east:
(A) W\1/2\ 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 combination
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 subsection.
(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 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
administrative 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 provided 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 property of the United States, and the
United States shall have the right of immediate entry onto such
real property. A determination 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
satisfactory 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 consulting 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
environmental 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
currently 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 conditions 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, 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 recreational 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
Secretary 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
Secretary 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 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
property 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
precluding 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 determined under
paragraph (2).
(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 property 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 encumbrances that
may be in place pursuant to the Tidelands
Trust, the North Embarcadero Visionary Plan,
the Downtown 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 environmental 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, 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 CONNECTION 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 subsection (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 exceptions, limitations, and
conditions specified by the United States in the deeds
conveying such real property.
(b) Property Described.--The real property subject to
subsection (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 subsection (a), including survey
costs, costs related to environmental 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 provided 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
subsection (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, for the purpose of permitting
the City to improve arterial transportation 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 determined 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 Secretary, 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
connection with the conveyances under this section as the
Secretary considers 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. If amounts are collected
from the LCC 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 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 conveyance 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.
(2) Payment of consideration in lieu of
reversion.--In lieu of exercising the right of
reversion retained under paragraph (1) with respect to
the property conveyed under subsection (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
payment 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 conveyance 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.
(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
section 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 conveyance 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
Memorandum 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
paragraph (1), the Secretary shall seek--
(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 consideration for the
conveyance under subparagraph (B) 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 or, in the
case of conveyance of excess property located
on a military installation closed 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), shall be deposited
in the special account established under
section 2906 of such Act.
(c) Appraisals.--The value of property to be acquired or
conveyed under this section shall be determined by appraisals
acceptable 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.
(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
appropriate 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
provided by the Port under paragraph (1) may include
the acquisition, construction, provision, improvement,
maintenance, repair, or restoration (including
environmental restoration), or combination thereof, of
any facility or infrastructure under the jurisdiction
of any office of the Federal Government.
(3) Treatment of consideration received.--
Consideration 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 documentation
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 by the Secretary in carrying out the
release under subsection (a) or, if the period of
availability of obligations for that appropriation 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, considers 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, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.); and
``(II) the completion of response actions
that are necessary 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, encumbrance, conveyance, and closure of
the St. Marys Airport, to the 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 subsection (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 Submarine
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 current 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 Secretary and concurred in by the Administrator,
based on an appraisal report and title documentation
that--
(A) is prepared or adopted by the
Secretary, and concurred 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.
(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
maintenance, 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
planning 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 SECRETARY OF DEFENSE
AND APPLICABILITY OF CERTAIN PROVISIONS OF LAW
RELATING TO THE PENTAGON RESERVATION.
(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 Complex.''.
(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.
``(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, Virginia, 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
enforcement 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
subsection 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;
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 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
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 transferred 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 otherwise 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 Secretary 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 portion 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
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 purposes 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 Reservation and
expressly made subject to the
jurisdiction of the Indian
Tribe;
(III) shall not be sold by
the Indian tribe without 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 Secretary of the Interior for the
Zuni Tribe in accordance with this subsection;
and
(B) the areas generally depicted as ``FWLC
C'' and ``FWLC D'' on the Map shall be held in
trust by the Secretary 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 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 purpose 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
responsibility 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:
``Sec. 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'). 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 organizations, 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
purposes 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 nonprofit organization, for the design,
construction, and operation of the Center.
``(c) Acceptance Authority.--
``(1) Acceptance of facility.--If the Foundation
constructs the Center pursuant to an agreement with the
Foundation 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 Secretary 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 Foundation 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 established 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.''.
(b) Clerical Amendment.--The table of sections at the
beginning 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 ``Aviation 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 displays, 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 maintenance.
(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 MODIFICATION.
(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 Battlefield 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
(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
administrative 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 AIRFIELD,
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
cantonment 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 MEDICAL 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 Omnibus Consolidated Appropriations Act, 1997 (Public
Law 104-208; 110 Stat. 3009-118)), and as amended by section
2862 of the Military Construction Authorization Act for Fiscal
Year 2012 (division B of Public Law 112-81; 125 Stat. 1701), is
further amended--
(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
subsection 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, CALIFORNIA.
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 CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
projects.
Sec. 2903. Authorization of appropriations.
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 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 specified 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.
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 Secretary of the Air Force
shall complete a draft of the memorandum of
agreement required under paragraph (1).
(B) Public comment period.--During the 30-
day period beginning on the date on which the
draft memorandum of agreement is completed
under subparagraph (A), there shall be an
opportunity for public comment on the draft
memorandum of agreement, including an
opportunity for the Utah Test and Training
Range Community Resource Advisory Group
established under section 3005 to provide
comments on the draft memorandum of agreement.
(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 accordance 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.--
(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
agreement may be terminated before the date
determined under subparagraph (A) if the
Secretary of the Air Force determines 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
necessary 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
federally 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
management of grazing on the BLM land.
(2) Continuation of grazing management.--The
Secretary 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 fulfillment of the mission of the Utah Test and
Training Range), public safety, or national security require
the temporary closure to public use of any road, trail, or
other portion of the BLM land, the Secretary of the Air Force
may take such action as the Secretary of the Air Force, 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 beginning on March 1
and ending on May 31, at least 60 days
before the date on which the closure
goes into effect; or
(iii) in the case of a closure
described in paragraph (3) or (4) of
subsection (b), at least 90 days before
the date on which the closure goes into
effect.
(2) Special notification procedures.--In each case
for which a mission-unique security 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.
(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 geothermal 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 Agriculture 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
further 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
Community 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 Community 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.--
(A) In general.--Each member of the
Community Group shall be appointed for a term
of 4 years.
(B) Original members.--Notwithstanding
subparagraph (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
Secretary may reappoint or replace a member of
the Community 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 represents has
been significantly affected.
(d) Meetings.--
(1) In general.--The Community Group shall meet not
less than once per year, and at such other frequencies
as determined by 5 or more of the members of the
Community Group.
(2) Responsibilities of community group.--The
Community Group shall be responsible for determining
appropriate schedules for, details of, and actions for
meetings of the Community Group.
(3) Notice.--The Chairperson shall provide notice
to each member of the Community Group not 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
recommendations 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
Community Group, acting jointly, may elect to terminate
the Community 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 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
Individual 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
entitlement of the counties in which the BLM land is situated
to payments in lieu of taxes based on the BLM land, under
section 6901 of title 31, United States Code.
(j) Wildlife Improvements.--The Secretary and the Utah
Division 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, Millard, 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, 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 independent 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
paragraph (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.
(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 practices, 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 Secretary 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 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 Management 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 necessary 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 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
Secretary 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 Wilderness.--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 wilderness
area or national conservation area shall be managed in
accordance 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
responsible 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 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 aircraft.
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 Administration 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 environmental 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, California, $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
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
Department of Energy for fiscal year 2017 for other defense
activities in carrying out programs as specified in the funding
table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2017 for nuclear energy as
specified in the funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. INDEPENDENT ACQUISITION PROJECT REVIEWS OF CAPITAL 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 CAPITAL ASSETS
ACQUISITION PROJECTS.
``(a) Reviews.--The appropriate head shall ensure that an
independent 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 acquisition 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 alternatives for the project; and
``(2) identification of any deficiencies in such
analysis of alternatives for the appropriate head to
address.
``(c) Independent Entities.--The appropriate head shall
ensure that each review of a capital assets acquisition project
under subsection (a) is conducted by an independent entity with
the appropriate 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 management for the acquisition
of capital assets), or a successor order.
``(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
Environmental Management, with respect to
capital assets acquisition projects of the
Office of Environmental Management.
``(3) The term `capital assets acquisition project'
means a project--
``(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 disabling 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 Energy shall develop the actions
described in paragraph (1) in coordination with the Secretary
of Transportation.
``(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 guidance 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 territories 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 aircraft.''.
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 Administration 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
implemented pursuant to subsection (a) shall include the
following:
(1) Common data reporting requirements for work
performed using funds of the National Nuclear Security
Administration, including reporting of financial data
by standardized labor categories, labor hours,
functional elements, and cost elements.
(2) A common work breakdown structure for the
Administration 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.--
(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, challenges, 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
subsection 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 following:
(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
operations of the Waste Treatment and Immobilization
Plant continue 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
evaporative capacity, that may be needed to treat tank
waste at Hanford Nuclear Reservation.
(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 Estimates.--
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 estimates 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 ISOLATION 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 regulatory limits, the Secretary of Energy shall submit
to the congressional 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 certification 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
preceding 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 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
paragraph 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 construction 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 Secretary 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
following:
(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
damage 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 contract.
(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 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 subparagraph (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 revisions to the
contract recommended by the Chief of Engineers
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 modification of the contract that the
Secretary considers appropriate.
(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
support 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 security postures
within the Department of Defense and the Department of
Energy;
(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 section 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 security.
(b) Membership.--The committee shall be composed of
personnel of the Administration assigned by the Administrator
to the committee as follows:
(1) The Principal Deputy Administrator for Nuclear
Security, 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 subsection (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 Administrator 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 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 following:
(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
facilities 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
Administration in implementing best practices
of industry in the operations 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 Administration, set
forth by fiscal year.
(3) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' 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
subsection 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).
(d) Report Required.--Before the termination under
subsection (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 URANIUM.
(a) Prohibition.--Except as provided in subsection (b),
none of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 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 with, or otherwise provide assistance
to, the Russian Federation.
(2) Funds described.--The funds described in this
paragraph are the following:
(A) Funds authorized to be appropriated by
this Act or otherwise made available for 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 determination 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
Russian 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 Representatives.
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 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 congressional 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 Permanent Select Committee on Intelligence of
the House of Representatives.
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
environmental cleanup for program direction, not more than 90
percent may be obligated or expended until the date on which
the Secretary of Energy submits to Congress the future-years
defense environmental cleanup plan required to be submitted
during 2017 under section 4402A of the Atomic Energy Defense
Act (50 U.S.C. 2582a).
SEC. 3125. LIMITATION ON AVAILABILITY OF FUNDS FOR ACCELERATION 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
Activities.--Except as provided by subsection (c), none of the
funds authorized to be appropriated by this Act or otherwise
made available for any of fiscal years 2017 through 2021 for
the National Nuclear Security 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 program; or
(B) such dismantlement is necessary to
conduct maintenance or surveillance of the
nuclear weapons stockpile or to ensure the
safety or reliability of the nuclear weapons
stockpile.
(2) The dismantlement of a nuclear weapon if the
President certifies, in writing, to the 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
Disarmament 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 DEVELOPMENT UNDER
DEFENSE ENVIRONMENTAL CLEANUP PROGRAM.
(a) Assessment.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Energy shall seek
to enter into an agreement with the National Academy of
Sciences to conduct an independent assessment of the technology
development 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 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 monitoring 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 Representatives.
(4) The Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives.
(5) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Energy and Commerce 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.
(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 nonproliferation 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
submitted 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 Representatives.
SEC. 3134. ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREATMENT 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
development 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 construction and to begin
treatment operations.
(D) The compliance of such approaches with
applicable technical standards associated with
and contained in regulations prescribed
pursuant to the Comprehensive Environmental
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
subsection (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
subsection (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 analysis required by subsection (a), the
review of the analysis required by subsection (c), any
comments of the State of Washington under subsection
(d)(2), and any comments of the Secretary on the
analysis or the review of the analysis.
(f) Limitations.--
(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 Consent Order.
(2) State of washington.--This section does not
conflict with or impair the regulatory authority of the
State of Washington 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 PERSONNEL.
(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 paragraph (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 Weapons
Stockpile.--Section 3255 of the National Nuclear Security
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 subsection (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
Additive 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 proliferation.''.
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 appropriate 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
appropriate 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.).
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 undergoing 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 advocates.
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
Atmospheric 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
Atmospheric Administration.
Sec. 3547. Sexual assault defined.
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 obligations 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
Administration 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 security 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
program 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.--
(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 Secretary 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
appropriations.--Section 2702 of title 14, United
States Code, is amended--
(A) in paragraph (1)(B), by striking
``$6,981,036,000'' and inserting
``$6,986,815,000''; and
(B) in paragraph (3)(B), by striking
``$140,016,000'' and inserting
``$134,237,000''.
(2) Clerical amendment.--The analysis at the
beginning of part III of title 14, United States Code,
is amended by striking the period at the end of the
item relating to chapter 29.
(e) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of Public Law
114-120.
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 vessels 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 insufficient value to remain in the National Defense Reserve
Fleet shall remain a vessel within the meaning of that term in
section 3 of title 1, United States Code, and subject to the
rights and responsibilities 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
consultation 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
operations, 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
requirements for and be issued a certificate of documentation
and a coastwise endorsement under chapter 121 of title 46,
United States Code.
(d) Design Standards and Construction Practices.--Subject
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 Maritime
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.
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
Superintendent of the Academy, subject to the direction
of the Maritime Administrator under the general
supervision of the Secretary 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.--
``(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 section 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 maritime heritage
property of the Maritime
Administration.
``(ii) Direct transfers.--The
Secretary may provide amounts used for
the preservation and presentation to
the public of the maritime heritage
property of the Maritime Administration
through direct transfers 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 ``Congress'' 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 Committee on
Transportation and Infrastructure of the House of
Representatives'';
(2) by redesignating paragraphs (1), (2), and (3)
as paragraphs (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 Representatives 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--
(i) the Vessel Operations Revolving
Fund established 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 Administration'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
disposal 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 agreement 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 appropriate, 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
description 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.
(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
Vessels.--
``(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 completion 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, DISCHARGE, 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 Members.--
(1) The Secretary and the Secretary of Defense shall enter into
a memorandum of understanding regarding the submission 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
department 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 Security and Governmental Affairs
of the Senate and the Committee on Armed
Services, the Committee on Homeland Security,
and the Committee on Transportation and
Infrastructure of the House of Representatives.
(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 individuals
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).
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:
``Sec. 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 personnel 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 confidentially
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.
``(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 Secretary 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 dismissal for offenders.
``(2) Minimum training requirements.--The
Superintendent 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 effectiveness 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
Secretary 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 officials 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;
``(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 harassment 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 personnel 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 paragraph (1) for an Academy program year
in which the Secretary 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 Superintendent, the
Superintendent shall provide to the Secretary
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.
``(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 Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and
Infrastructure 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:
``Sec. 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 Superintendent of the Academy, shall designate from
among volunteers 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
designated 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 designated under this subsection, or a
sexual assault response coordinator designated
under subsection (a), while performing the
duties of a victim advocate, shall act as a
companion to a victim described in paragraph
(1) in navigating investigative, medical,
mental, and emotional health, and recovery
processes relating to sexual assault.
``(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 hotline 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 entities to make available additional victim
advocates or to implement 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 recommendations;
(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 direction of the Inspector General at least 1
member with expertise and knowledge of sexual assault
prevention and response policies; 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:
(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
Superintendent'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 Command.
(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 program.
(12) Such additional individuals as the Maritime
Administrator 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 harassment, 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
operators 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
(iii) that encourages victims to
report any incident of sexual
harassment, sexual assault, or other
inappropriate 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
confidentiality 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
Committee 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
responsibilities described in subsection (d);
(2) a description of the trade-offs, opportunities,
and challenges associated with the recommendations
described in paragraph (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 Merchant 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 maritime academy in a merchant marine officer
preparation program--
``(A) shall, not later than 9 months after
such individual's date of enrollment, pass an
examination in form and substance satisfactory
to the Secretary that demonstrates 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 condition 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
individual 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
consultation 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 emergency.
(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
minimum, at least 1 representative from each of--
(1) the Maritime Administration, who shall serve as
chairperson of the working group;
(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 International
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.
(e) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall
submit a report to the Committee on Commerce, Science, and
Transportation 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
paragraphs (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
Administration; and
(C) such other Federal agency or
independent commission 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
subsection (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 marine casualties from extreme
weather events, such as promoting the use of
risk communications and the technologies
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
Succession 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
headquarters and the field offices to ensure consistent
implementation 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 repository.
(c) Report.--Not later than 1 year 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's compliance 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
(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
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's compliance 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
committees 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
icebreakers 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 acquisition 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 outlook; and
(6) describe any additional polar icebreaking
capability gaps that may arise due to any further delay
in procurement schedules.
(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 Department 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 barriers,
including potential international fee-based models used
to compensate governments for icebreaking escorts or
maintenance of maritime routes.
(c) Appropriate Committees of Congress.--In this section,
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.
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''.
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
Amendments 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 Representatives 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.--
``(A) Lands and improvements not necessary
to coast guard activities.--The determination
under paragraph (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 improvements 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 Amendments Act of
2016; and
``(iii) a plan to maintain existing
facilities in useable 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
determination 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 enactment of the Pribilof Islands
Transition Completion Amendments 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.
``(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
Infrastructure 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
Corporation 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 settlement 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 Corporation 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
Environmental 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 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 Committee 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
paragraph (2), section 681 of title 14, United States
Code, shall not be construed to prohibit any conveyance
of lands or improvements 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
positioning, 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 subparagraph (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 Transition Completion Amendments Act
of 2016, no person may operate or maintain--
``(A) radio frequency transmitting
equipment that produces 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
``(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 electromagnetic
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 section 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 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 Assault 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
harassment 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 confidentially asked and confidentially
answered; and
(B) incidents of sexual harassment can be
confidentially reported; and
(4) a prohibition on retaliation and consequences
for retaliatory 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.
(e) Geographic Distribution of Equal Employment Opportunity
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 Administration 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 covered 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 OCEANIC 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 contact; 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 confidentially asked and confidentially
answered; and
(B) incidents of sexual assault can be
confidentially reported.
(6) Protocols for the investigation of complaints
by command and law enforcement personnel.
(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 victims of sexual assaults involving
employees of the Administration, members of the
commissioned officer corps of the Administration, 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
advocate 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 processes 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 stationed--
(A) in each region in which the
Administration conducts operations; and
(B) in each marine and aviation center of
the Administration.
(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 entities to make available additional victim
advocates.
(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
reasonably 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
Secretary for Oceans and Atmosphere, shall--
(A) in the case of a member of the
commissioned officer corps of the National
Oceanic and Atmospheric Administration 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 practicable 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 Secretary, 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 location of the
victim is denied--
(i) the victim may request the
Secretary to review the denial; and
(ii) the Secretary, acting through
the Under Secretary, 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 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
paragraph (1) shall include the following:
(A) A means to control access to the
victim.
(B) Due process for the victim and the
alleged perpetrator.
(c) Regulations.--
(1) In general.--The Secretary shall promulgate
regulations 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
Administration 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
Commerce, Science, and Transportation of the Senate and the
Committee 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
commissioned 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
following:
(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
Secretary 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.
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 operations.
Sec. 4203. Research, development, test, and evaluation for overseas
contingency operations for base requirements.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for overseas contingency operations
for base requirements.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
Sec. 4403. Military personnel for overseas contingency operations for
base requirements.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
Sec. 4503. Other authorizations for overseas contingency operations for
base requirements.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for overseas contingency operations for
base requirements.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
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
accordance 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 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)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request 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 803,084 803,084
IIIA REMAN.
007 ADVANCE 185,160 185,160
PROCUREMENT (CY).
008 UH-60 BLACKHAWK M 755,146 755,146
MODEL (MYP).
009 ADVANCE 174,107 174,107
PROCUREMENT (CY).
010 UH-60 BLACK HAWK A 46,173 46,173
AND L MODELS.
011 CH-47 HELICOPTER..... 556,257 556,257
012 ADVANCE 8,707 8,707
PROCUREMENT (CY).
MODIFICATION OF
AIRCRAFT
013 MQ-1 PAYLOAD (MIP)... 43,735 43,735
015 MULTI SENSOR ABN 94,527 94,527
RECON (MIP).
016 AH-64 MODS........... 137,883 137,883
017 CH-47 CARGO 102,943 102,943
HELICOPTER MODS
(MYP).
018 GRCS SEMA MODS (MIP). 4,055 4,055
019 ARL SEMA MODS (MIP).. 6,793 6,793
020 EMARSS SEMA MODS 13,197 13,197
(MIP).
021 UTILITY/CARGO 17,526 17,526
AIRPLANE MODS.
022 UTILITY HELICOPTER 10,807 10,807
MODS.
023 NETWORK AND MISSION 74,752 74,752
PLAN.
024 COMMS, NAV 69,960 69,960
SURVEILLANCE.
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 67,377 67,377
SURVIVABILITY
EQUIPMENT.
029 SURVIVABILITY CM..... 9,565 9,565
030 CMWS................. 41,626 41,626
OTHER SUPPORT
032 AVIONICS SUPPORT 7,007 7,007
EQUIPMENT.
033 COMMON GROUND 48,234 48,234
EQUIPMENT.
034 AIRCREW INTEGRATED 30,297 30,297
SYSTEMS.
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 3,614,787 3,614,787
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 LOWER TIER AIR AND 126,470 126,470
MISSILE DEFENSE
(AMD).
002 MSE MISSILE.......... 423,201 423,201
003 ADVANCE 19,319 19,319
PROCUREMENT (CY).
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 42,013 42,013
005 JOINT AIR-TO-GROUND 64,751 64,751
MSLS (JAGM).
006 ADVANCE 37,100 37,100
PROCUREMENT (CY).
ANTI-TANK/ASSAULT
MISSILE SYS
007 JAVELIN (AAWS-M) 73,508 72,904
SYSTEM SUMMARY.
Engineering [-604]
services cost
growth.
008 TOW 2 SYSTEM SUMMARY. 64,922 64,922
009 ADVANCE 19,949 10,716
PROCUREMENT (CY).
Advance [-9,233]
procurement cost
growth.
010 GUIDED MLRS ROCKET 172,088 172,088
(GMLRS).
011 MLRS REDUCED RANGE 18,004 18,004
PRACTICE ROCKETS
(RRPR).
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 34,487 34,487
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
022 AIR DEFENSE TARGETS.. 4,915 4,915
024 PRODUCTION BASE 1,154 1,154
SUPPORT.
TOTAL MISSILE 1,519,966 1,510,129
PROCUREMENT,
ARMY.
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 [-3,100]
management growth.
006 HOWITZER, MED SP FT 63,138 63,138
155MM M109A6 (MOD).
007 PALADIN INTEGRATED 469,305 469,305
MANAGEMENT (PIM).
008 IMPROVED RECOVERY 91,963 91,963
VEHICLE (M88A2
HERCULES).
009 ASSAULT BRIDGE (MOD). 3,465 3,465
010 ASSAULT BREACHER 2,928 2,928
VEHICLE.
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 100,000
PROGRAM.
Realign APS Unit [100,000]
Set Requirements
from OCO.
WEAPONS & OTHER
COMBAT VEHICLES
016 INTEGRATED AIR BURST 9,764 9,764
WEAPON SYSTEM FAMILY.
017 MORTAR SYSTEMS....... 8,332 8,332
018 XM320 GRENADE 3,062 3,062
LAUNCHER MODULE
(GLM).
019 COMPACT SEMI- 992 992
AUTOMATIC SNIPER
SYSTEM.
020 CARBINE.............. 40,493 40,493
021 COMMON REMOTELY 25,164 25,164
OPERATED WEAPONS
STATION.
MOD OF WEAPONS AND
OTHER COMBAT VEH
022 MK-19 GRENADE MACHINE 4,959 4,959
GUN MODS.
023 M777 MODS............ 11,913 11,913
024 M4 CARBINE MODS...... 29,752 29,752
025 M2 50 CAL MACHINE GUN 48,582 48,582
MODS.
026 M249 SAW MACHINE GUN 1,179 1,179
MODS.
027 M240 MEDIUM MACHINE 1,784 1,784
GUN MODS.
028 SNIPER RIFLES 971 971
MODIFICATIONS.
029 M119 MODIFICATIONS... 6,045 6,045
030 MORTAR MODIFICATION.. 12,118 12,118
031 MODIFICATIONS LESS 3,157 3,157
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
032 ITEMS LESS THAN $5.0M 2,331 2,331
(WOCV-WTCV).
035 SMALL ARMS EQUIPMENT 3,155 3,155
(SOLDIER ENH PROG).
TOTAL 2,265,177 2,351,077
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 40,296 40,296
TYPES.
002 CTG, 7.62MM, ALL 39,237 39,237
TYPES.
003 CTG, HANDGUN, ALL 5,193 5,193
TYPES.
004 CTG, .50 CAL, ALL 46,693 46,693
TYPES.
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 69,784 69,784
TYPES.
010 81MM MORTAR, ALL 36,125 36,125
TYPES.
011 120MM MORTAR, ALL 69,133 69,133
TYPES.
TANK AMMUNITION
012 CARTRIDGES, TANK, 120,668 117,868
105MM AND 120MM, ALL
TYPES.
Early to need.... [-2,800]
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 64,800 61,300
75MM & 105MM, ALL
TYPES.
75mm blanks early [-3,500]
to need.
014 ARTILLERY PROJECTILE, 109,515 109,515
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 39,200 39,200
RANGE M982.
016 ARTILLERY 70,881 70,881
PROPELLANTS, FUZES
AND PRIMERS, ALL.
ROCKETS
019 SHOULDER LAUNCHED 38,000 38,000
MUNITIONS, ALL TYPES.
020 ROCKET, HYDRA 70, ALL 87,213 87,213
TYPES.
OTHER AMMUNITION
021 CAD/PAD, ALL TYPES... 4,914 4,914
022 DEMOLITION MUNITIONS, 6,380 6,380
ALL TYPES.
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 12,726 12,726
TYPES.
027 NON-LETHAL 6,100 5,900
AMMUNITION, ALL
TYPES.
Early to need.... [-200]
028 ITEMS LESS THAN $5 10,006 9,506
MILLION (AMMO).
Early to need.... [-500]
029 AMMUNITION PECULIAR 17,275 13,575
EQUIPMENT.
Early to need.... [-3,700]
030 FIRST DESTINATION 14,951 14,951
TRANSPORTATION
(AMMO).
PRODUCTION BASE
SUPPORT
032 INDUSTRIAL FACILITIES 222,269 242,269
Program increase. [20,000]
033 CONVENTIONAL 157,383 157,383
MUNITIONS
DEMILITARIZATION.
034 ARMS INITIATIVE...... 3,646 3,646
TOTAL 1,513,157 1,514,803
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 3,733 3,733
DOLLY SETS.
002 SEMITRAILERS, 3,716 3,716
FLATBED:.
003 HI MOB MULTI-PURP 50,000
WHLD VEH (HMMWV).
HMMWV M997A3 [50,000]
ambulance
recapitalization
for Active
Component.
004 GROUND MOBILITY 4,907 4,907
VEHICLES (GMV).
006 JOINT LIGHT TACTICAL 587,514 587,514
VEHICLE.
007 TRUCK, DUMP, 20T 3,927 3,927
(CCE).
008 FAMILY OF MEDIUM 53,293 53,293
TACTICAL VEH (FMTV).
009 FIRETRUCKS & 7,460 7,460
ASSOCIATED
FIREFIGHTING EQUIP.
010 FAMILY OF HEAVY 39,564 39,564
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 11,856 11,856
013 TACTICAL WHEELED 49,751 49,751
VEHICLE PROTECTION
KITS.
014 MODIFICATION OF IN 64,000 54,000
SVC EQUIP.
Program reduction [-10,000]
015 MINE-RESISTANT AMBUSH- 10,611 10,611
PROTECTED (MRAP)
MODS.
NON-TACTICAL VEHICLES
016 HEAVY ARMORED SEDAN.. 394 394
018 NONTACTICAL VEHICLES, 1,755 1,755
OTHER.
COMM--JOINT
COMMUNICATIONS
019 WIN-T--GROUND FORCES 427,598 427,598
TACTICAL NETWORK.
020 SIGNAL MODERNIZATION 58,250 58,250
PROGRAM.
021 JOINT INCIDENT SITE 5,749 5,749
COMMUNICATIONS
CAPABILITY.
022 JCSE EQUIPMENT 5,068 5,068
(USREDCOM).
COMM--SATELLITE
COMMUNICATIONS
023 DEFENSE ENTERPRISE 143,805 143,805
WIDEBAND SATCOM
SYSTEMS.
024 TRANSPORTABLE 36,580 36,580
TACTICAL COMMAND
COMMUNICATIONS.
025 SHF TERM............. 1,985 1,985
027 SMART-T (SPACE)...... 9,165 9,165
COMM--C3 SYSTEM
031 ARMY GLOBAL CMD & 2,530 2,530
CONTROL SYS (AGCCS).
COMM--COMBAT
COMMUNICATIONS
033 HANDHELD MANPACK 273,645 273,645
SMALL FORM FIT (HMS).
034 MID-TIER NETWORKING 25,017 25,017
VEHICULAR RADIO
(MNVR).
035 RADIO TERMINAL SET, 12,326 12,326
MIDS LVT(2).
037 TRACTOR DESK......... 2,034 2,034
038 TRACTOR RIDE......... 2,334 2,334
039 SPIDER APLA REMOTE 1,985 1,985
CONTROL UNIT.
040 SPIDER FAMILY OF 10,796 10,796
NETWORKED MUNITIONS
INCR.
042 TACTICAL 3,607 3,607
COMMUNICATIONS AND
PROTECTIVE SYSTEM.
043 UNIFIED COMMAND SUITE 14,295 14,295
045 FAMILY OF MED COMM 19,893 19,893
FOR COMBAT CASUALTY
CARE.
COMM--INTELLIGENCE
COMM
047 CI AUTOMATION 1,388 1,388
ARCHITECTURE.
048 ARMY CA/MISO GPF 5,494 5,494
EQUIPMENT.
INFORMATION SECURITY
049 FAMILY OF BIOMETRICS. 2,978 2,978
051 COMMUNICATIONS 131,356 131,356
SECURITY (COMSEC).
052 DEFENSIVE CYBER 15,132 15,132
OPERATIONS.
COMM--LONG HAUL
COMMUNICATIONS
053 BASE SUPPORT 27,452 27,452
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
054 INFORMATION SYSTEMS.. 122,055 122,055
055 EMERGENCY MANAGEMENT 4,286 4,286
MODERNIZATION
PROGRAM.
056 INSTALLATION INFO 131,794 131,794
INFRASTRUCTURE MOD
PROGRAM.
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 4,417 4,417
STATION (JTAGS).
064 TROJAN (MIP)......... 17,455 17,455
065 MOD OF IN-SVC EQUIP 44,965 44,965
(INTEL SPT) (MIP).
066 CI HUMINT AUTO 7,658 7,658
REPRTING AND
COLL(CHARCS).
067 CLOSE ACCESS TARGET 7,970 7,970
RECONNAISSANCE
(CATR).
068 MACHINE FOREIGN 545 545
LANGUAGE TRANSLATION
SYSTEM-M.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
070 LIGHTWEIGHT COUNTER 74,038 68,453
MORTAR RADAR.
Unit cost growth. [-5,585]
071 EW PLANNING & 3,235 3,235
MANAGEMENT TOOLS
(EWPMT).
072 AIR VIGILANCE (AV)... 733 733
074 FAMILY OF PERSISTENT 1,740 1,740
SURVEILLANCE
CAPABILITIE.
075 COUNTERINTELLIGENCE/ 455 455
SECURITY
COUNTERMEASURES.
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 15,885 15,885
OPTICAL RIFLE
MOUNTED MLRF.
080 INDIRECT FIRE 48,427 48,427
PROTECTION FAMILY OF
SYSTEMS.
081 FAMILY OF WEAPON 55,536 55,536
SIGHTS (FWS).
082 ARTILLERY ACCURACY 4,187 4,187
EQUIP.
085 JOINT BATTLE COMMAND-- 137,501 137,501
PLATFORM (JBC-P).
086 JOINT EFFECTS 50,726 50,726
TARGETING SYSTEM
(JETS).
087 MOD OF IN-SVC EQUIP 28,058 28,058
(LLDR).
088 COMPUTER BALLISTICS: 5,924 5,924
LHMBC XM32.
089 MORTAR FIRE CONTROL 22,331 22,331
SYSTEM.
090 COUNTERFIRE RADARS... 314,509 281,509
Unit cost savings [-33,000]
ELECT EQUIP--TACTICAL
C2 SYSTEMS
091 FIRE SUPPORT C2 8,660 8,660
FAMILY.
092 AIR & MSL DEFENSE 54,376 54,376
PLANNING & CONTROL
SYS.
093 IAMD BATTLE COMMAND 204,969 204,969
SYSTEM.
094 LIFE CYCLE SOFTWARE 4,718 4,718
SUPPORT (LCSS).
095 NETWORK MANAGEMENT 11,063 11,063
INITIALIZATION AND
SERVICE.
096 MANEUVER CONTROL 151,318 151,318
SYSTEM (MCS).
097 GLOBAL COMBAT SUPPORT 155,660 155,660
SYSTEM-ARMY (GCSS-A).
098 INTEGRATED PERSONNEL 4,214 4,214
AND PAY SYSTEM-ARMY
(IPP.
099 RECONNAISSANCE AND 16,185 16,185
SURVEYING INSTRUMENT
SET.
100 MOD OF IN-SVC 1,565 1,565
EQUIPMENT (ENFIRE).
ELECT EQUIP--
AUTOMATION
101 ARMY TRAINING 17,693 17,693
MODERNIZATION.
102 AUTOMATED DATA 107,960 107,960
PROCESSING EQUIP.
103 GENERAL FUND 6,416 6,416
ENTERPRISE BUSINESS
SYSTEMS FAM.
104 HIGH PERF COMPUTING 58,614 58,614
MOD PGM (HPCMP).
105 CONTRACT WRITING 986 986
SYSTEM.
106 RESERVE COMPONENT 23,828 23,828
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
107 TACTICAL DIGITAL 1,191 1,191
MEDIA.
108 ITEMS LESS THAN $5M 1,995 1,995
(SURVEYING
EQUIPMENT).
ELECT EQUIP--SUPPORT
109 PRODUCTION BASE 403 403
SUPPORT (C-E).
CLASSIFIED PROGRAMS
110A CLASSIFIED PROGRAMS.. 4,436 4,436
CHEMICAL DEFENSIVE
EQUIPMENT
111 PROTECTIVE SYSTEMS... 2,966 2,966
112 FAMILY OF NON-LETHAL 9,795 9,795
EQUIPMENT (FNLE).
114 CBRN DEFENSE......... 17,922 17,922
BRIDGING EQUIPMENT
115 TACTICAL BRIDGING.... 13,553 13,553
116 TACTICAL BRIDGE, 25,244 25,244
FLOAT-RIBBON.
117 BRIDGE SUPPLEMENTAL 983 983
SET.
118 COMMON BRIDGE 25,176 25,176
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
119 GRND STANDOFF MINE 39,350 39,350
DETECTN SYSM
(GSTAMIDS).
120 AREA MINE DETECTION 10,500 10,500
SYSTEM (AMDS).
121 HUSKY MOUNTED 274 274
DETECTION SYSTEM
(HMDS).
122 ROBOTIC COMBAT 2,951 2,951
SUPPORT SYSTEM
(RCSS).
123 EOD ROBOTICS SYSTEMS 1,949 1,949
RECAPITALIZATION.
124 ROBOTICS AND APPLIQUE 5,203 5,203
SYSTEMS.
125 EXPLOSIVE ORDNANCE 5,570 5,570
DISPOSAL EQPMT (EOD
EQPMT).
126 REMOTE DEMOLITION 6,238 6,238
SYSTEMS.
127 < $5M, COUNTERMINE 836 836
EQUIPMENT.
128 FAMILY OF BOATS AND 3,171 3,171
MOTORS.
COMBAT SERVICE
SUPPORT EQUIPMENT
129 HEATERS AND ECU'S.... 18,707 18,707
130 SOLDIER ENHANCEMENT.. 2,112 2,112
131 PERSONNEL RECOVERY 10,856 10,856
SUPPORT SYSTEM
(PRSS).
132 GROUND SOLDIER SYSTEM 32,419 32,419
133 MOBILE SOLDIER POWER. 30,014 30,014
135 FIELD FEEDING 12,544 12,544
EQUIPMENT.
136 CARGO AERIAL DEL & 18,509 18,509
PERSONNEL PARACHUTE
SYSTEM.
137 FAMILY OF ENGR COMBAT 29,384 29,384
AND CONSTRUCTION
SETS.
PETROLEUM EQUIPMENT
139 QUALITY SURVEILLANCE 4,487 4,487
EQUIPMENT.
140 DISTRIBUTION SYSTEMS, 42,656 35,656
PETROLEUM & WATER.
Program decrease. [-7,000]
MEDICAL EQUIPMENT
141 COMBAT SUPPORT 59,761 59,761
MEDICAL.
MAINTENANCE EQUIPMENT
142 MOBILE MAINTENANCE 35,694 32,194
EQUIPMENT SYSTEMS.
Program reduction [-3,500]
143 ITEMS LESS THAN $5.0M 2,716 2,716
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
144 GRADER, ROAD MTZD, 1,742 1,742
HVY, 6X4 (CCE).
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 1,743 1,743
ENGINEER EXCAVATOR
(HMEE).
152 ENHANCED RAPID 2,779 2,779
AIRFIELD
CONSTRUCTION CAPAP.
154 CONST EQUIP ESP...... 26,712 22,212
Program reduction [-4,500]
155 ITEMS LESS THAN $5.0M 6,649 6,649
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
156 ARMY WATERCRAFT ESP.. 21,860 21,860
157 ITEMS LESS THAN $5.0M 1,967 1,967
(FLOAT/RAIL).
GENERATORS
158 GENERATORS AND 113,266 113,266
ASSOCIATED EQUIP.
159 TACTICAL ELECTRIC 7,867 7,867
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
160 FAMILY OF FORKLIFTS.. 2,307 2,307
TRAINING EQUIPMENT
161 COMBAT TRAINING 75,359 75,359
CENTERS SUPPORT.
162 TRAINING DEVICES, 253,050 253,050
NONSYSTEM.
163 CLOSE COMBAT TACTICAL 48,271 48,271
TRAINER.
164 AVIATION COMBINED 40,000 40,000
ARMS TACTICAL
TRAINER.
165 GAMING TECHNOLOGY IN 11,543 11,543
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
166 CALIBRATION SETS 4,963 4,963
EQUIPMENT.
167 INTEGRATED FAMILY OF 29,781 29,781
TEST EQUIPMENT
(IFTE).
168 TEST EQUIPMENT 6,342 6,342
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
169 M25 STABILIZED 3,149 3,149
BINOCULAR.
170 RAPID EQUIPPING 18,003 18,003
SOLDIER SUPPORT
EQUIPMENT.
171 PHYSICAL SECURITY 44,082 44,082
SYSTEMS (OPA3).
172 BASE LEVEL COMMON 2,168 2,168
EQUIPMENT.
173 MODIFICATION OF IN- 67,367 67,367
SVC EQUIPMENT (OPA-
3).
174 PRODUCTION BASE 1,528 1,528
SUPPORT (OTH).
175 SPECIAL EQUIPMENT FOR 8,289 8,289
USER TESTING.
177 TRACTOR YARD......... 6,888 6,888
OPA2
179 INITIAL SPARES--C&E.. 27,243 27,243
TOTAL OTHER 5,873,949 5,835,664
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
003 JOINT STRIKE FIGHTER 890,650 890,650
CV.
004 ADVANCE 80,908 80,908
PROCUREMENT (CY).
005 JSF STOVL............ 2,037,768 2,037,768
006 ADVANCE 233,648 233,648
PROCUREMENT (CY).
007 CH-53K (HEAVY LIFT).. 348,615 348,615
008 ADVANCE 88,365 88,365
PROCUREMENT (CY).
009 V-22 (MEDIUM LIFT)... 1,264,134 1,249,134
Support cost [-15,000]
growth.
010 ADVANCE 19,674 19,674
PROCUREMENT (CY).
011 H-1 UPGRADES (UH-1Y/ 759,778 756,586
AH-1Z).
Airframe unit [-3,192]
cost growth.
012 ADVANCE 57,232 57,232
PROCUREMENT (CY).
014 MH-60R (MYP)......... 61,177 53,177
Line shutdown [-8,000]
costs--early to
need.
016 P-8A POSEIDON........ 1,940,238 1,863,238
Airfrane unit [-77,000]
cost growth.
017 ADVANCE 123,140 123,140
PROCUREMENT (CY).
018 E-2D ADV HAWKEYE..... 916,483 916,483
019 ADVANCE 125,042 125,042
PROCUREMENT (CY).
TRAINER AIRCRAFT
020 JPATS................ 5,849 5,849
OTHER AIRCRAFT
021 KC-130J.............. 128,870 128,870
022 ADVANCE 24,848 24,848
PROCUREMENT (CY).
023 MQ-4 TRITON.......... 409,005 396,125
Unit cost savings [-12,880]
024 ADVANCE 55,652 55,652
PROCUREMENT (CY).
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 [-37,300]
balances.
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 [-2,000]
equipment
unjustified
growth (OSIP 022-
07).
043 FEWSG................ 618 618
044 CARGO/TRANSPORT A/C 9,822 9,822
SERIES.
045 E-6 SERIES........... 222,077 222,077
046 EXECUTIVE HELICOPTERS 66,835 66,835
SERIES.
047 SPECIAL PROJECT 16,497 16,497
AIRCRAFT.
048 T-45 SERIES.......... 114,887 114,887
049 POWER PLANT CHANGES.. 16,893 14,893
Excess support [-2,000]
growth.
050 JPATS SERIES......... 17,401 17,401
051 COMMON ECM EQUIPMENT. 143,773 143,773
052 COMMON AVIONICS 164,839 164,839
CHANGES.
053 COMMON DEFENSIVE 4,403 4,403
WEAPON SYSTEM.
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 141,545 141,545
ACFT) OSPREY.
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 1,407,626 1,407,626
PARTS.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
064 COMMON GROUND 390,103 390,103
EQUIPMENT.
065 AIRCRAFT INDUSTRIAL 23,194 23,194
FACILITIES.
066 WAR CONSUMABLES...... 40,613 40,613
067 OTHER PRODUCTION 860 860
CHARGES.
068 SPECIAL SUPPORT 36,282 36,282
EQUIPMENT.
069 FIRST DESTINATION 1,523 1,523
TRANSPORTATION.
TOTAL AIRCRAFT 14,109,148 13,951,776
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,103,086 1,103,086
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 6,776 6,776
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 186,905 179,905
Tomahawk unit [-7,000]
cost growth.
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 [-3,244]
manufacturing
sources excess
growth.
008 RAM.................. 71,557 71,557
009 JOINT AIR GROUND 26,200 21,922
MISSILE (JAGM).
Unit cost savings [-4,278]
012 STAND OFF PRECISION 3,316 3,316
GUIDED MUNITIONS
(SOPGM).
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 8,164 8,164
MODS.
SUPPORT EQUIPMENT &
FACILITIES
020 WEAPONS INDUSTRIAL 1,964 1,964
FACILITIES.
021 FLEET SATELLITE COMM 36,723 36,723
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
022 ORDNANCE SUPPORT 59,096 59,096
EQUIPMENT.
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 46,139 46,139
MODS.
028 QUICKSTRIKE MINE..... 1,236 1,236
SUPPORT EQUIPMENT
029 TORPEDO SUPPORT 60,061 60,061
EQUIPMENT.
030 ASW RANGE SUPPORT.... 3,706 3,706
DESTINATION
TRANSPORTATION
031 FIRST DESTINATION 3,804 3,804
TRANSPORTATION.
GUNS AND GUN MOUNTS
032 SMALL ARMS AND 18,002 18,002
WEAPONS.
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 15,753 15,753
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
040 SPARES AND REPAIR 62,383 62,383
PARTS.
TOTAL WEAPONS 3,209,262 3,187,490
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 91,659 91,659
002 AIRBORNE ROCKETS, ALL 65,759 65,759
TYPES.
003 MACHINE GUN 8,152 8,152
AMMUNITION.
004 PRACTICE BOMBS....... 41,873 41,873
005 CARTRIDGES & CART 54,002 54,002
ACTUATED DEVICES.
006 AIR EXPENDABLE 57,034 57,034
COUNTERMEASURES.
007 JATOS................ 2,735 2,735
009 5 INCH/54 GUN 19,220 19,220
AMMUNITION.
010 INTERMEDIATE CALIBER 30,196 30,196
GUN AMMUNITION.
011 OTHER SHIP GUN 39,009 39,009
AMMUNITION.
012 SMALL ARMS & LANDING 46,727 46,727
PARTY AMMO.
013 PYROTECHNIC AND 9,806 9,806
DEMOLITION.
014 AMMUNITION LESS THAN 2,900 2,900
$5 MILLION.
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 27,958 27,958
017 40 MM, ALL TYPES..... 14,758 14,758
018 60MM, ALL TYPES...... 992 992
020 120MM, ALL TYPES..... 16,757 12,157
120mm early to [-4,600]
need.
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, 1,700 1,700
ALL TYPES.
025 FUZE, ALL TYPES...... 26,088 26,088
027 AMMO MODERNIZATION... 14,660 14,660
028 ITEMS LESS THAN $5 8,569 6,069
MILLION.
Early to need.... [-2,500]
TOTAL 664,368 657,268
PROCUREMENT OF
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 773,138 773,138
SUBMARINE ADVANCE
PROCUREMENT.
OTHER WARSHIPS
002 CARRIER REPLACEMENT 1,291,783 1,291,783
PROGRAM.
003 ADVANCE 1,370,784 1,370,784
PROCUREMENT (CY).
004 VIRGINIA CLASS 3,187,985 3,187,985
SUBMARINE.
005 ADVANCE 1,767,234 1,852,234
PROCUREMENT (CY).
Long-lead Time [85,000]
Materiel Orders
for Virginia
Class.
006 CVN REFUELING 1,743,220 1,743,220
OVERHAULS.
007 ADVANCE 248,599 248,599
PROCUREMENT (CY).
008 DDG 1000............. 271,756 271,756
009 DDG-51............... 3,211,292 3,261,092
Fund additional [49,800]
FY16 destroyer.
011 LITTORAL COMBAT SHIP. 1,125,625 1,097,625
Unjustified [-28,000]
growth.
AMPHIBIOUS SHIPS
012A AMPHIBIOUS SHIP 440,000
REPLACEMENT LX(R).
Procurement of [440,000]
LPD-29 or LX (R).
016 LHA REPLACEMENT...... 1,623,024 1,623,024
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
020 ADVANCE 73,079 73,079
PROCUREMENT (CY).
022 MOORED TRAINING SHIP. 624,527 624,527
025 OUTFITTING........... 666,158 645,054
Outfitting and [-21,104]
post delivery
funds early to
need.
026 SHIP TO SHORE 128,067 128,067
CONNECTOR.
027 SERVICE CRAFT........ 65,192 65,192
028 LCAC SLEP............ 1,774 1,774
029 YP CRAFT MAINTENANCE/ 21,363 21,363
ROH/SLEP.
030 COMPLETION OF PY 160,274 160,274
SHIPBUILDING
PROGRAMS.
TOTAL 18,354,874 18,880,570
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
003 SURFACE POWER 15,514 15,514
EQUIPMENT.
004 HYBRID ELECTRIC DRIVE 40,132 39,282
(HED).
Installation [-850]
early to need.
GENERATORS
005 SURFACE COMBATANT 29,974 29,974
HM&E.
NAVIGATION EQUIPMENT
006 OTHER NAVIGATION 63,942 63,942
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
008 SUB PERISCOPE, 136,421 136,421
IMAGING AND SUPT
EQUIP PROG.
009 DDG MOD.............. 367,766 367,766
010 FIREFIGHTING 14,743 14,743
EQUIPMENT.
011 COMMAND AND CONTROL 2,140 2,140
SWITCHBOARD.
012 LHA/LHD MIDLIFE...... 24,939 24,939
014 POLLUTION CONTROL 20,191 19,342
EQUIPMENT.
HF062 lightering [-849]
systems unit cost
growth.
015 SUBMARINE SUPPORT 8,995 8,995
EQUIPMENT.
016 VIRGINIA CLASS 66,838 66,838
SUPPORT EQUIPMENT.
017 LCS CLASS SUPPORT 54,823 54,823
EQUIPMENT.
018 SUBMARINE BATTERIES.. 23,359 23,359
019 LPD CLASS SUPPORT 40,321 40,321
EQUIPMENT.
020 DDG 1000 CLASS 33,404 33,404
SUPPORT EQUIPMENT.
021 STRATEGIC PLATFORM 15,836 15,836
SUPPORT EQUIP.
022 DSSP EQUIPMENT....... 806 806
024 LCAC................. 3,090 3,090
025 UNDERWATER EOD 24,350 24,350
PROGRAMS.
026 ITEMS LESS THAN $5 88,719 86,899
MILLION.
LSD boat davit [-993]
kit cost growth.
Propellers and [-827]
shafts unit cost
growth.
027 CHEMICAL WARFARE 2,873 2,873
DETECTORS.
028 SUBMARINE LIFE 6,043 6,043
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
030 REACTOR COMPONENTS... 342,158 342,158
OCEAN ENGINEERING
031 DIVING AND SALVAGE 8,973 8,973
EQUIPMENT.
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 27,840 17,840
MODULES EQUIPMENT.
RMMV program [-10,000]
restructure.
037 LCS MCM MISSION 57,146 57,146
MODULES.
038 LCS ASW MISSION 31,952 21,952
MODULES.
Early to need.... [-10,000]
039 LCS SUW MISSION 22,466 21,064
MODULES.
MK-46 gun weapon [-1,402]
system contract
delays.
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 90,029 90,029
COMBAT SYSTEM.
045 SSN ACOUSTIC 248,765 248,765
EQUIPMENT.
046 UNDERSEA WARFARE 7,163 7,163
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
048 SUBMARINE ACOUSTIC 21,291 21,291
WARFARE SYSTEM.
049 SSTD................. 6,893 6,893
050 FIXED SURVEILLANCE 145,701 145,701
SYSTEM.
051 SURTASS.............. 36,136 36,136
ELECTRONIC WARFARE
EQUIPMENT
053 AN/SLQ-32............ 274,892 266,641
Block 3 excess [-4,270]
support.
Block 3T excess [-1,000]
support.
Block 3T [-2,981]
installation
prior year
carryover.
RECONNAISSANCE
EQUIPMENT
054 SHIPBOARD IW EXPLOIT. 170,733 170,733
055 AUTOMATED 958 958
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
057 COOPERATIVE 22,034 22,034
ENGAGEMENT
CAPABILITY.
059 NAVAL TACTICAL 12,336 12,336
COMMAND SUPPORT
SYSTEM (NTCSS).
060 ATDLS................ 30,105 30,105
061 NAVY COMMAND AND 4,556 4,556
CONTROL SYSTEM
(NCCS).
062 MINESWEEPING SYSTEM 56,675 32,198
REPLACEMENT.
Ahead of need.... [-24,477]
063 SHALLOW WATER MCM.... 8,875 8,875
064 NAVSTAR GPS RECEIVERS 12,752 12,752
(SPACE).
065 AMERICAN FORCES RADIO 4,577 4,577
AND TV SERVICE.
066 STRATEGIC PLATFORM 8,972 8,972
SUPPORT EQUIP.
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 14,273 14,273
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
080 TACTICAL/MOBILE C4I 27,927 27,927
SYSTEMS.
081 DCGS-N............... 12,676 12,676
082 CANES................ 212,030 212,030
083 RADIAC............... 8,092 8,092
084 CANES-INTELL......... 36,013 36,013
085 GPETE................ 6,428 6,428
087 INTEG COMBAT SYSTEM 8,376 8,376
TEST FACILITY.
088 EMI CONTROL 3,971 3,971
INSTRUMENTATION.
089 ITEMS LESS THAN $5 58,721 58,721
MILLION.
SHIPBOARD
COMMUNICATIONS
090 SHIPBOARD TACTICAL 17,366 17,366
COMMUNICATIONS.
091 SHIP COMMUNICATIONS 102,479 102,479
AUTOMATION.
092 COMMUNICATIONS ITEMS 10,403 10,403
UNDER $5M.
SUBMARINE
COMMUNICATIONS
093 SUBMARINE BROADCAST 34,151 34,151
SUPPORT.
094 SUBMARINE 64,529 64,529
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
095 SATELLITE 14,414 14,414
COMMUNICATIONS
SYSTEMS.
096 NAVY MULTIBAND 38,365 38,365
TERMINAL (NMT).
SHORE COMMUNICATIONS
097 JCS COMMUNICATIONS 4,156 4,156
EQUIPMENT.
CRYPTOGRAPHIC
EQUIPMENT
099 INFO SYSTEMS SECURITY 85,694 85,694
PROGRAM (ISSP).
100 MIO INTEL 920 920
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
101 CRYPTOLOGIC 21,098 21,098
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
102 COAST GUARD EQUIPMENT 32,291 32,291
SONOBUOYS
103 SONOBUOYS--ALL TYPES. 162,588 159,541
Excess unit cost [-3,047]
growth.
AIRCRAFT SUPPORT
EQUIPMENT
104 WEAPONS RANGE SUPPORT 58,116 58,116
EQUIPMENT.
105 AIRCRAFT SUPPORT 120,324 120,324
EQUIPMENT.
106 METEOROLOGICAL 29,253 29,253
EQUIPMENT.
107 DCRS/DPL............. 632 632
108 AIRBORNE MINE 29,097 29,097
COUNTERMEASURES.
109 AVIATION SUPPORT 39,099 39,099
EQUIPMENT.
SHIP GUN SYSTEM
EQUIPMENT
110 SHIP GUN SYSTEMS 6,191 6,191
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
111 SHIP MISSILE SUPPORT 320,446 310,946
EQUIPMENT.
Program execution [-9,500]
112 TOMAHAWK SUPPORT 71,046 71,046
EQUIPMENT.
FBM SUPPORT EQUIPMENT
113 STRATEGIC MISSILE 215,138 215,138
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
114 SSN COMBAT CONTROL 130,715 130,715
SYSTEMS.
115 ASW SUPPORT EQUIPMENT 26,431 26,431
OTHER ORDNANCE
SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE 11,821 11,821
DISPOSAL EQUIP.
117 ITEMS LESS THAN $5 6,243 6,243
MILLION.
OTHER EXPENDABLE
ORDNANCE
118 SUBMARINE TRAINING 48,020 48,020
DEVICE MODS.
120 SURFACE TRAINING 97,514 94,979
EQUIPMENT.
Unjustified [-2,535]
growth.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
121 PASSENGER CARRYING 8,853 8,853
VEHICLES.
122 GENERAL PURPOSE 4,928 4,928
TRUCKS.
123 CONSTRUCTION & 18,527 18,527
MAINTENANCE EQUIP.
124 FIRE FIGHTING 13,569 13,569
EQUIPMENT.
125 TACTICAL VEHICLES.... 14,917 14,917
126 AMPHIBIOUS EQUIPMENT. 7,676 7,676
127 POLLUTION CONTROL 2,321 2,321
EQUIPMENT.
128 ITEMS UNDER $5 12,459 12,459
MILLION.
129 PHYSICAL SECURITY 1,095 1,095
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
131 SUPPLY EQUIPMENT..... 16,023 16,023
133 FIRST DESTINATION 5,115 5,115
TRANSPORTATION.
134 SPECIAL PURPOSE 295,471 295,471
SUPPLY SYSTEMS.
TRAINING DEVICES
136 TRAINING AND 9,504 9,504
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
137 COMMAND SUPPORT 37,180 29,980
EQUIPMENT.
CNIC building [-7,200]
control systems
unjustified
request.
139 MEDICAL SUPPORT 4,128 4,128
EQUIPMENT.
141 NAVAL MIP SUPPORT 1,925 1,925
EQUIPMENT.
142 OPERATING FORCES 4,777 4,777
SUPPORT EQUIPMENT.
143 C4ISR EQUIPMENT...... 9,073 9,073
144 ENVIRONMENTAL SUPPORT 21,107 21,107
EQUIPMENT.
145 PHYSICAL SECURITY 100,906 100,906
EQUIPMENT.
146 ENTERPRISE 67,544 67,544
INFORMATION
TECHNOLOGY.
OTHER
150 NEXT GENERATION 98,216 98,216
ENTERPRISE SERVICE.
CLASSIFIED PROGRAMS
150A CLASSIFIED PROGRAMS.. 9,915 9,915
SPARES AND REPAIR
PARTS
151 SPARES AND REPAIR 199,660 199,660
PARTS.
TOTAL OTHER 6,338,861 6,258,930
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 73,785 71,785
Production [-2,000]
engineering
support excess
growth.
002 LAV PIP.............. 53,423 53,423
ARTILLERY AND OTHER
WEAPONS
003 EXPEDITIONARY FIRE 3,360 3,360
SUPPORT SYSTEM.
004 155MM LIGHTWEIGHT 3,318 3,318
TOWED HOWITZER.
005 HIGH MOBILITY 33,725 33,725
ARTILLERY ROCKET
SYSTEM.
006 WEAPONS AND COMBAT 8,181 8,181
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 15,250 15,250
GUIDED MISSILES
009 GROUND BASED AIR 9,170 9,170
DEFENSE.
010 JAVELIN.............. 1,009 1,009
011 FOLLOW ON TO SMAW.... 24,666 24,666
012 ANTI-ARMOR WEAPONS 17,080 17,080
SYSTEM-HEAVY (AAWS-
H).
COMMAND AND CONTROL
SYSTEMS
015 COMMON AVIATION 47,312 47,312
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
016 REPAIR AND TEST 16,469 16,469
EQUIPMENT.
COMMAND AND CONTROL
SYSTEM (NON-TEL)
019 ITEMS UNDER $5 7,433 7,433
MILLION (COMM &
ELEC).
020 AIR OPERATIONS C2 15,917 15,917
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
021 RADAR SYSTEMS........ 17,772 17,772
022 GROUND/AIR TASK 123,758 123,758
ORIENTED RADAR (G/
ATOR).
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 56,379 56,379
EQUIPMENT.
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 76,302 76,302
ENTERPRISE NETWORK
(NGEN).
035 COMMON COMPUTER 41,802 39,477
RESOURCES.
Prior year [-2,325]
carryover.
036 COMMAND POST SYSTEMS. 90,924 90,924
037 RADIO SYSTEMS........ 43,714 43,714
038 COMM SWITCHING & 66,383 66,383
CONTROL SYSTEMS.
039 COMM & ELEC 30,229 30,229
INFRASTRUCTURE
SUPPORT.
CLASSIFIED PROGRAMS
039A CLASSIFIED PROGRAMS.. 2,738 2,738
ADMINISTRATIVE
VEHICLES
041 COMMERCIAL CARGO 88,312 88,312
VEHICLES.
TACTICAL VEHICLES
043 MOTOR TRANSPORT 13,292 13,292
MODIFICATIONS.
045 JOINT LIGHT TACTICAL 113,230 113,230
VEHICLE.
046 FAMILY OF TACTICAL 2,691 2,691
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
048 ENVIRONMENTAL CONTROL 18 18
EQUIP ASSORT.
050 TACTICAL FUEL SYSTEMS 78 78
051 POWER EQUIPMENT 17,973 17,973
ASSORTED.
052 AMPHIBIOUS SUPPORT 7,371 7,371
EQUIPMENT.
053 EOD SYSTEMS.......... 14,021 14,021
MATERIALS HANDLING
EQUIPMENT
054 PHYSICAL SECURITY 31,523 31,523
EQUIPMENT.
GENERAL PROPERTY
058 TRAINING DEVICES..... 33,658 33,658
060 FAMILY OF 21,315 21,315
CONSTRUCTION
EQUIPMENT.
061 FAMILY OF INTERNALLY 9,654 9,654
TRANSPORTABLE VEH
(ITV).
OTHER SUPPORT
062 ITEMS LESS THAN $5 6,026 6,026
MILLION.
SPARES AND REPAIR
PARTS
064 SPARES AND REPAIR 22,848 22,848
PARTS.
TOTAL 1,362,769 1,358,444
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,401,894 4,188,894
Program [-213,000]
efficiencies.
002 ADVANCE 404,500 404,500
PROCUREMENT (CY).
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 20,000 20,000
PROCUREMENT (CY).
008 MC-130J.............. 548,358 548,358
009 ADVANCE 50,000 50,000
PROCUREMENT (CY).
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 [12,000]
warning system.
Anti-jam global [5,000]
positioning
system (GPS)
upgrade.
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 2,000 2,000
PROCUREMENT (CY).
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
Production [-8,000]
schedule slip.
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 [16,000]
Propellers.
Electronic [13,500]
Propeller Control
Systems.
In-flight [1,500]
Propeller
Balancing System
Certification.
T56 3.5 Engine [41,500]
Upgrade Kits.
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 [-70,400]
Program
Restructure.
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 223,427 223,427
CONTROL SYSTEM.
051 FAMILY OF BEYOND LINE- 4,673 4,673
OF-SIGHT TERMINALS.
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 30,767 30,767
MODIFICATIONS.
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 686,491 673,291
PARTS.
Compass Call [-13,200]
Program
Restructure.
COMMON SUPPORT
EQUIPMENT
062 AIRCRAFT REPLACEMENT 121,935 121,935
SUPPORT EQUIP.
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 [24,800]
mission trainers.
071 F-22A................ 48,505 48,505
074 RQ-4 POST PRODUCTION 99 99
CHARGES.
INDUSTRIAL
PREPAREDNESS
075 INDUSTRIAL 14,126 14,126
RESPONSIVENESS.
WAR CONSUMABLES
076 WAR CONSUMABLES...... 120,036 120,036
OTHER PRODUCTION
CHARGES
077 OTHER PRODUCTION 1,252,824 1,252,824
CHARGES.
CLASSIFIED PROGRAMS
077A CLASSIFIED PROGRAMS.. 16,952 119,952
Compass Call [103,000]
Program
Restructure.
TOTAL AIRCRAFT 13,922,917 13,835,617
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 70,247 70,247
EQ-BALLISTIC.
TACTICAL
002 JOINT AIR-SURFACE 431,645 431,645
STANDOFF MISSILE.
003 LRASM0............... 59,511 59,511
004 SIDEWINDER (AIM-9X).. 127,438 127,438
005 AMRAAM............... 350,144 339,392
Pricing [-10,752]
adjustment.
006 PREDATOR HELLFIRE 33,955 33,955
MISSILE.
007 SMALL DIAMETER BOMB.. 92,361 92,361
INDUSTRIAL FACILITIES
008 INDUSTR'L PREPAREDNS/ 977 977
POL PREVENTION.
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 21,762 21,762
MISSILE (ALCM).
014 SMALL DIAMETER BOMB.. 15,349 15,349
MISSILE SPARES AND
REPAIR PARTS
015 INITIAL SPARES/REPAIR 81,607 81,607
PARTS.
SPECIAL PROGRAMS
030 SPECIAL UPDATE 46,125 46,125
PROGRAMS.
CLASSIFIED PROGRAMS
030A CLASSIFIED PROGRAMS.. 1,009,431 1,009,431
TOTAL MISSILE 2,426,621 2,415,869
PROCUREMENT, AIR
FORCE.
SPACE PROCUREMENT,
AIR FORCE
SPACE PROGRAMS
001 ADVANCED EHF......... 645,569 645,569
002 AF SATELLITE COMM 42,375 42,375
SYSTEM.
003 COUNTERSPACE SYSTEMS. 26,984 26,984
004 FAMILY OF BEYOND LINE- 88,963 88,963
OF-SIGHT TERMINALS.
005 WIDEBAND GAPFILLER 86,272 86,272
SATELLITES(SPACE).
006 GPS III SPACE SEGMENT 34,059 34,059
007 GLOBAL POSTIONING 2,169 2,169
(SPACE).
008 SPACEBORNE EQUIP 46,708 46,708
(COMSEC).
009 GLOBAL POSITIONING 13,171 10,271
(SPACE).
Excess to Need... [-2,900]
010 MILSATCOM............ 41,799 41,799
011 EVOLVED EXPENDABLE 768,586 742,586
LAUNCH CAPABILITY.
Early to need.... [-26,000]
012 EVOLVED EXPENDABLE 737,853 536,853
LAUNCH VEH(SPACE).
Early to need.... [-201,000]
013 SBIR HIGH (SPACE).... 362,504 362,504
014 NUDET DETECTION 4,395 4,395
SYSTEM.
015 SPACE MODS........... 8,642 8,642
016 SPACELIFT RANGE 123,088 123,088
SYSTEM SPACE.
SSPARES
017 INITIAL SPARES/REPAIR 22,606 22,606
PARTS.
TOTAL SPACE 3,055,743 2,825,843
PROCUREMENT, AIR
FORCE.
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 3,600 3,600
PENETRATOR (MOP).
006 JOINT DIRECT ATTACK 303,988 297,988
MUNITION.
Pricing [-6,000]
adjustment for
increased
quantity.
OTHER ITEMS
007 CAD/PAD.............. 38,890 38,890
008 EXPLOSIVE ORDNANCE 5,714 5,714
DISPOSAL (EOD).
009 SPARES AND REPAIR 740 740
PARTS.
010 MODIFICATIONS........ 573 573
011 ITEMS LESS THAN $5 5,156 5,156
MILLION.
FLARES
012 FLARES............... 134,709 134,709
FUZES
013 FUZES................ 229,252 229,252
SMALL ARMS
014 SMALL ARMS........... 37,459 37,459
TOTAL 1,677,719 1,671,719
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 14,437 14,437
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 24,812 24,812
VEHICLE.
003 CAP VEHICLES......... 984 984
004 ITEMS LESS THAN $5 11,191 11,191
MILLION.
SPECIAL PURPOSE
VEHICLES
005 SECURITY AND TACTICAL 5,361 5,361
VEHICLES.
006 ITEMS LESS THAN $5 4,623 4,623
MILLION.
FIRE FIGHTING
EQUIPMENT
007 FIRE FIGHTING/CRASH 12,451 12,451
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAN $5 18,114 18,114
MILLION.
BASE MAINTENANCE
SUPPORT
009 RUNWAY SNOW REMOV & 2,310 2,310
CLEANING EQUIP.
010 ITEMS LESS THAN $5 46,868 46,868
MILLION.
COMM SECURITY
EQUIPMENT(COMSEC)
012 COMSEC EQUIPMENT..... 72,359 72,359
INTELLIGENCE PROGRAMS
014 INTELLIGENCE TRAINING 6,982 6,982
EQUIPMENT.
015 INTELLIGENCE COMM 30,504 30,504
EQUIPMENT.
ELECTRONICS PROGRAMS
016 AIR TRAFFIC CONTROL & 55,803 55,803
LANDING SYS.
017 NATIONAL AIRSPACE 2,673 2,673
SYSTEM.
018 BATTLE CONTROL 5,677 5,677
SYSTEM--FIXED.
019 THEATER AIR CONTROL 1,163 1,163
SYS IMPROVEMENTS.
020 WEATHER OBSERVATION 21,667 21,667
FORECAST.
021 STRATEGIC COMMAND AND 39,803 39,803
CONTROL.
022 CHEYENNE MOUNTAIN 24,618 24,618
COMPLEX.
023 MISSION PLANNING 15,868 15,868
SYSTEMS.
025 INTEGRATED STRAT PLAN 9,331 9,331
& ANALY NETWORK
(ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
026 GENERAL INFORMATION 41,779 41,779
TECHNOLOGY.
027 AF GLOBAL COMMAND & 15,729 15,729
CONTROL SYS.
028 MOBILITY COMMAND AND 9,814 9,814
CONTROL.
029 AIR FORCE PHYSICAL 99,460 99,460
SECURITY SYSTEM.
030 COMBAT TRAINING 34,850 34,850
RANGES.
031 MINIMUM ESSENTIAL 198,925 198,925
EMERGENCY COMM N.
032 WIDE AREA 6,943 6,943
SURVEILLANCE (WAS).
033 C3 COUNTERMEASURES... 19,580 19,580
034 GCSS-AF FOS.......... 1,743 1,743
036 THEATER BATTLE MGT C2 9,659 9,659
SYSTEM.
037 AIR & SPACE 15,474 15,474
OPERATIONS CTR-WPN
SYS.
038 AIR OPERATIONS CENTER 30,623 15,323
(AOC) 10.2.
Fielding......... [-15,300]
AIR FORCE
COMMUNICATIONS
039 INFORMATION TRANSPORT 40,043 40,043
SYSTEMS.
040 AFNET................ 146,897 146,897
041 JOINT COMMUNICATIONS 5,182 5,182
SUPPORT ELEMENT
(JCSE).
042 USCENTCOM............ 13,418 13,418
ORGANIZATION AND BASE
052 TACTICAL C-E 109,836 109,836
EQUIPMENT.
053 RADIO EQUIPMENT...... 16,266 16,266
054 CCTV/AUDIOVISUAL 7,449 7,449
EQUIPMENT.
055 BASE COMM 109,215 109,215
INFRASTRUCTURE.
MODIFICATIONS
056 COMM ELECT MODS...... 65,700 65,700
PERSONAL SAFETY &
RESCUE EQUIP
058 ITEMS LESS THAN $5 54,416 54,416
MILLION.
DEPOT PLANT+MTRLS
HANDLING EQ
059 MECHANIZED MATERIAL 7,344 7,344
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
060 BASE PROCURED 6,852 6,852
EQUIPMENT.
063 MOBILITY EQUIPMENT... 8,146 8,146
064 ITEMS LESS THAN $5 28,427 28,427
MILLION.
SPECIAL SUPPORT
PROJECTS
066 DARP RC135........... 25,287 25,287
067 DCGS-AF.............. 169,201 169,201
069 SPECIAL UPDATE 576,710 576,710
PROGRAM.
CLASSIFIED PROGRAMS
070A CLASSIFIED PROGRAMS.. 15,119,705 15,119,705
SPARES AND REPAIR
PARTS
072 SPARES AND REPAIR 15,784 15,784
PARTS.
TOTAL OTHER 17,438,056 17,422,756
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, WHS
037 MAJOR EQUIPMENT, OSD. 29,211 29,211
MAJOR EQUIPMENT, NSA
036 INFORMATION SYSTEMS 4,399 4,399
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, WHS
040 MAJOR EQUIPMENT, WHS. 24,979 24,979
MAJOR EQUIPMENT, DISA
006 INFORMATION SYSTEMS 21,347 21,347
SECURITY.
007 TELEPORT PROGRAM..... 50,597 50,597
008 ITEMS LESS THAN $5 10,420 10,420
MILLION.
009 NET CENTRIC 1,634 1,634
ENTERPRISE SERVICES
(NCES).
010 DEFENSE INFORMATION 87,235 87,235
SYSTEM NETWORK.
011 CYBER SECURITY 4,528 4,528
INITIATIVE.
012 WHITE HOUSE 36,846 36,846
COMMUNICATION AGENCY.
013 SENIOR LEADERSHIP 599,391 599,391
ENTERPRISE.
015 JOINT REGIONAL 150,221 150,221
SECURITY STACKS
(JRSS).
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 2,964 2,964
MILLION.
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 [65,000]
capability for
Aegis Ships.
025 BMDS AN/TPY-2 RADARS. 5,503 5,503
026 ARROW UPPER TIER..... 120,000
Increase for [120,000]
Arrow 3
Coproduction
subject to Title
XVI.
027 DAVID'S SLING........ 150,000
Increase for DSWS [150,000]
Coproduction
subject to Title
XVI.
028 AEGIS ASHORE PHASE 57,493 57,493
III.
029 IRON DOME............ 42,000 62,000
Increase for [20,000]
Coproduction of
Iron Dome Tamir
Interceptors
subject to Title
XVI.
030 AEGIS BMD HARDWARE 50,098 50,098
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL 14,232 14,232
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
021 VEHICLES............. 200 200
022 OTHER MAJOR EQUIPMENT 6,437 6,437
MAJOR EQUIPMENT,
DODEA
019 AUTOMATION/ 288 288
EDUCATIONAL SUPPORT
& LOGISTICS.
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 150,396 150,396
AND SUSTAINMENT.
043 UNMANNED ISR......... 21,190 21,190
045 NON-STANDARD AVIATION 4,905 4,905
046 U-28................. 3,970 3,970
047 MH-47 CHINOOK........ 25,022 25,022
049 CV-22 MODIFICATION... 19,008 19,008
051 MQ-9 UNMANNED AERIAL 10,598 10,598
VEHICLE.
053 PRECISION STRIKE 213,122 200,072
PACKAGE.
SOCOM requested [-13,050]
transfer.
054 AC/MC-130J........... 73,548 86,598
SOCOM requested [13,050]
transfer.
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 13,432 13,432
GROUND/SURFACE
SYSTEMS.
060 OTHER ITEMS <$5M..... 66,436 66,436
061 COMBATANT CRAFT 55,820 55,820
SYSTEMS.
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 19,566 19,566
REQUIREMENTS.
066 GLOBAL VIDEO 3,437 3,437
SURVEILLANCE
ACTIVITIES.
067 OPERATIONAL 17,299 17,299
ENHANCEMENTS
INTELLIGENCE.
069 OPERATIONAL 219,945 219,945
ENHANCEMENTS.
CBDP
070 CHEMICAL BIOLOGICAL 148,203 148,203
SITUATIONAL
AWARENESS.
071 CB PROTECTION & 161,113 161,113
HAZARD MITIGATION.
TOTAL 4,524,918 4,879,918
PROCUREMENT,
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 99,300 0
OPERATIONAL NEEDS
FUND.
Program decrease. [-99,300]
TOTAL JOINT 99,300 0
URGENT
OPERATIONAL
NEEDS FUND.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
007 MISCELLANEOUS 250,000
EQUIPMENT.
Program increase. [250,000]
TOTAL NATIONAL 250,000
GUARD AND
RESERVE
EQUIPMENT.
TOTAL 101,971,592 102,422,660
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
MODIFICATION OF
AIRCRAFT
015 MULTI SENSOR ABN 21,400 21,400
RECON (MIP).
020 EMARSS SEMA MODS 42,700 42,700
(MIP).
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 235,131 235,131
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 305,830 305,830
ANTI-TANK/ASSAULT
MISSILE SYS
007 JAVELIN (AAWS-M) 15,567 15,567
SYSTEM SUMMARY.
008 TOW 2 SYSTEM SUMMARY. 80,652 80,652
010 GUIDED MLRS ROCKET 75,991 75,991
(GMLRS).
012 LETHAL MINIATURE 51,277 51,277
AERIAL MISSILE
SYSTEM (LMAMS.
TOTAL MISSILE 529,317 529,317
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
MODIFICATION OF
TRACKED COMBAT
VEHICLES
007 PALADIN INTEGRATED 125,184 125,184
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD). 5,950 5,950
014 ABRAMS UPGRADE 72,000
PROGRAM.
Army requested [172,000]
realignment (ERI).
Realign APS Unit [-100,000]
Set Requirements
to Base.
WEAPONS & OTHER
COMBAT VEHICLES
017 MORTAR SYSTEMS....... 22,410 22,410
SUPPORT EQUIPMENT &
FACILITIES
036 BRADLEY PROGRAM...... 72,800
Army requested [72,800]
realignment (ERI).
TOTAL 153,544 298,344
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
002 CTG, 7.62MM, ALL 9,642 9,642
TYPES.
004 CTG, .50 CAL, ALL 6,607 6,607
TYPES.
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 10,000 10,000
TYPES.
010 81MM MORTAR, ALL 2,677 2,677
TYPES.
TANK AMMUNITION
012 CARTRIDGES, TANK, 8,999 8,999
105MM AND 120MM, ALL
TYPES.
ARTILLERY AMMUNITION
014 ARTILLERY PROJECTILE, 30,348 30,348
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 140 140
RANGE M982.
016 ARTILLERY 29,655 29,655
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
017 MINES & CLEARING 16,866 16,866
CHARGES, ALL TYPES.
NETWORKED MUNITIONS
018 SPIDER NETWORK 10,353 10,353
MUNITIONS, ALL TYPES.
ROCKETS
019 SHOULDER LAUNCHED 63,210 63,210
MUNITIONS, ALL TYPES.
020 ROCKET, HYDRA 70, ALL 42,851 42,851
TYPES.
OTHER AMMUNITION
022 DEMOLITION MUNITIONS, 6,373 6,373
ALL TYPES.
023 GRENADES, ALL TYPES.. 4,143 4,143
024 SIGNALS, ALL TYPES... 1,852 1,852
MISCELLANEOUS
027 NON-LETHAL 773 773
AMMUNITION, ALL
TYPES.
TOTAL 301,523 301,523
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 4,180 4,180
FLATBED:.
008 FAMILY OF MEDIUM 147,476 147,476
TACTICAL VEH (FMTV).
010 FAMILY OF HEAVY 6,122 6,122
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 106,358 106,358
012 HVY EXPANDED MOBILE 203,766 203,766
TACTICAL TRUCK EXT
SERV.
013 TACTICAL WHEELED 101,154 101,154
VEHICLE PROTECTION
KITS.
014 MODIFICATION OF IN 155,456 155,456
SVC EQUIP.
COMM--JOINT
COMMUNICATIONS
019 WIN-T--GROUND FORCES 9,572 9,572
TACTICAL NETWORK.
COMM--SATELLITE
COMMUNICATIONS
025 SHF TERM............. 24,000 24,000
COMM--INTELLIGENCE
COMM
047 CI AUTOMATION 1,550 1,550
ARCHITECTURE.
INFORMATION SECURITY
051 COMMUNICATIONS 1,928 1,928
SECURITY (COMSEC).
052 DEFENSIVE CYBER 26,500 26,500
OPERATIONS.
COMM--BASE
COMMUNICATIONS
056 INSTALLATION INFO 20,510 20,510
INFRASTRUCTURE MOD
PROGRAM.
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 7,233 7,233
REPRTING AND
COLL(CHARCS).
069 BIOMETRIC TACTICAL 5,670 5,670
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
070 LIGHTWEIGHT COUNTER 25,892 25,892
MORTAR RADAR.
074 FAMILY OF PERSISTENT 11,610 11,610
SURVEILLANCE
CAPABILITIE.
075 COUNTERINTELLIGENCE/ 23,890 23,890
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
080 INDIRECT FIRE 76,270 76,270
PROTECTION FAMILY OF
SYSTEMS.
089 MORTAR FIRE CONTROL 2,572 2,572
SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
092 AIR & MSL DEFENSE 69,958 69,958
PLANNING & CONTROL
SYS.
ELECT EQUIP--
AUTOMATION
102 AUTOMATED DATA 9,900 9,900
PROCESSING EQUIP.
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
108 ITEMS LESS THAN $5M 96 96
(SURVEYING
EQUIPMENT).
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 268 268
SYSTEMS.
128 FAMILY OF BOATS AND 280 280
MOTORS.
COMBAT SERVICE
SUPPORT EQUIPMENT
129 HEATERS AND ECU'S.... 894 894
134 FORCE PROVIDER....... 53,800 53,800
135 FIELD FEEDING 2,665 2,665
EQUIPMENT.
136 CARGO AERIAL DEL & 2,400 2,400
PERSONNEL PARACHUTE
SYSTEM.
137 FAMILY OF ENGR COMBAT 9,789 9,789
AND CONSTRUCTION
SETS.
138 ITEMS LESS THAN $5M 300 300
(ENG SPT).
PETROLEUM EQUIPMENT
139 QUALITY SURVEILLANCE 4,800 4,800
EQUIPMENT.
140 DISTRIBUTION SYSTEMS, 78,240 78,240
PETROLEUM & WATER.
MEDICAL EQUIPMENT
141 COMBAT SUPPORT 5,763 5,763
MEDICAL.
MAINTENANCE EQUIPMENT
142 MOBILE MAINTENANCE 1,609 1,609
EQUIPMENT SYSTEMS.
143 ITEMS LESS THAN $5.0M 145 145
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
144 GRADER, ROAD MTZD, 3,047 3,047
HVY, 6X4 (CCE).
148 TRACTOR, FULL TRACKED 4,426 4,426
151 HIGH MOBILITY 2,900 2,900
ENGINEER EXCAVATOR
(HMEE).
155 ITEMS LESS THAN $5.0M 96 96
(CONST EQUIP).
GENERATORS
158 GENERATORS AND 21,861 21,861
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
160 FAMILY OF FORKLIFTS.. 846 846
TEST MEASURE AND DIG
EQUIPMENT (TMD)
168 TEST EQUIPMENT 1,140 1,140
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
170 RAPID EQUIPPING 8,500 8,500
SOLDIER SUPPORT
EQUIPMENT.
TOTAL OTHER 1,309,610 1,309,610
PROCUREMENT,
ARMY.
JOINT IMPROVISED-
THREAT DEFEAT FUND
NETWORK ATTACK
001 RAPID ACQUISITION AND 332,000 332,000
THREAT RESPONSE.
STAFF AND
INFRASTRUCTURE
002 MISSION ENABLERS..... 62,800 62,800
TOTAL JOINT 394,800 394,800
IMPROVISED-
THREAT DEFEAT
FUND.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
002 F/A-18E/F (FIGHTER) 184,912 184,912
HORNET.
OTHER AIRCRAFT
026 STUASL0 UAV.......... 70,000 70,000
MODIFICATION OF
AIRCRAFT
037 EP-3 SERIES.......... 7,505 7,505
047 SPECIAL PROJECT 14,869 14,869
AIRCRAFT.
051 COMMON ECM EQUIPMENT. 70,780 70,780
059 V-22 (TILT/ROTOR 8,740 8,740
ACFT) OSPREY.
AIRCRAFT SPARES AND
REPAIR PARTS
063 SPARES AND REPAIR 1,500 1,500
PARTS.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
065 AIRCRAFT INDUSTRIAL 524 524
FACILITIES.
TOTAL AIRCRAFT 358,830 358,830
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
010 HELLFIRE............. 8,600 8,600
TOTAL WEAPONS 8,600 8,600
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 40,366 40,366
002 AIRBORNE ROCKETS, ALL 8,860 8,860
TYPES.
006 AIR EXPENDABLE 7,060 7,060
COUNTERMEASURES.
013 PYROTECHNIC AND 1,122 1,122
DEMOLITION.
014 AMMUNITION LESS THAN 3,495 3,495
$5 MILLION.
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, 261 261
ALL TYPES.
025 FUZE, ALL TYPES...... 217 217
TOTAL 66,229 66,229
PROCUREMENT OF
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
OTHER SHORE
ELECTRONIC EQUIPMENT
081 DCGS-N............... 12,000 12,000
OTHER ORDNANCE
SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE 40,000 40,000
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
124 FIRE FIGHTING 630 630
EQUIPMENT.
SUPPLY SUPPORT
EQUIPMENT
133 FIRST DESTINATION 25 25
TRANSPORTATION.
COMMAND SUPPORT
EQUIPMENT
137 COMMAND SUPPORT 10,562 10,562
EQUIPMENT.
139 MEDICAL SUPPORT 5,000 5,000
EQUIPMENT.
CLASSIFIED PROGRAMS
150A CLASSIFIED PROGRAMS.. 1,660 1,660
TOTAL OTHER 69,877 69,877
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
ARTILLERY AND OTHER
WEAPONS
006 WEAPONS AND COMBAT 572 572
VEHICLES UNDER $5
MILLION.
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 2,200 2,200
MILLION (COMM &
ELEC).
INTELL/COMM EQUIPMENT
(NON-TEL)
026 INTELLIGENCE SUPPORT 20,981 20,981
EQUIPMENT.
029 RQ-11 UAV............ 3,817 3,817
OTHER SUPPORT (NON-
TEL)
035 COMMON COMPUTER 2,600 2,600
RESOURCES.
037 RADIO SYSTEMS........ 9,563 9,563
ENGINEER AND OTHER
EQUIPMENT
053 EOD SYSTEMS.......... 75,000 75,000
TOTAL 118,939 118,939
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRLIFT
004 C-130J............... 73,000 73,000
OTHER AIRCRAFT
015 MQ-9................. 273,600 186,600
Air Force [-87,000]
requested
transfer to line
61 for spares.
STRATEGIC AIRCRAFT
019 LARGE AIRCRAFT 135,801 135,801
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
020 A-10................. 23,850 23,850
OTHER AIRCRAFT
047 E-3.................. 6,600 6,600
056 HC/MC-130 13,550 13,550
MODIFICATIONS.
057 OTHER AIRCRAFT....... 7,500 7,500
059 MQ-9 MODS............ 112,068 112,068
AIRCRAFT SPARES AND
REPAIR PARTS
061 INITIAL SPARES/REPAIR 25,600 87,000
PARTS.
Air Force [87,000]
requested
transfer from
line 15 for
spares.
Compass Call [-25,600]
Program
Restructure.
OTHER PRODUCTION
CHARGES
077 OTHER PRODUCTION 8,400 8,400
CHARGES.
TOTAL AIRCRAFT 679,969 654,369
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
006 PREDATOR HELLFIRE 145,125 145,125
MISSILE.
CLASS IV
011 AGM-65D MAVERICK..... 9,720 9,720
TOTAL MISSILE 154,845 154,845
PROCUREMENT, AIR
FORCE.
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 140,126 130,876
MUNITION.
Pricing [-9,250]
adjustment.
FLARES
012 FLARES............... 6,531 6,531
TOTAL 164,408 155,158
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 2,003 2,003
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 9,066 9,066
VEHICLE.
004 ITEMS LESS THAN $5 12,264 12,264
MILLION.
SPECIAL PURPOSE
VEHICLES
006 ITEMS LESS THAN $5 16,789 16,789
MILLION.
FIRE FIGHTING
EQUIPMENT
007 FIRE FIGHTING/CRASH 48,590 48,590
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAN $5 2,366 2,366
MILLION.
BASE MAINTENANCE
SUPPORT
009 RUNWAY SNOW REMOV & 6,468 6,468
CLEANING EQUIP.
010 ITEMS LESS THAN $5 9,271 9,271
MILLION.
ELECTRONICS PROGRAMS
016 AIR TRAFFIC CONTROL & 42,650 42,650
LANDING SYS.
SPCL COMM-ELECTRONICS
PROJECTS
029 AIR FORCE PHYSICAL 7,500 7,500
SECURITY SYSTEM.
033 C3 COUNTERMEASURES... 620 620
ORGANIZATION AND BASE
052 TACTICAL C-E 8,100 8,100
EQUIPMENT.
MODIFICATIONS
056 COMM ELECT MODS...... 3,800 3,800
BASE SUPPORT
EQUIPMENT
061 ENGINEERING AND EOD 53,900 53,900
EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
067 DCGS-AF.............. 800 800
CLASSIFIED PROGRAMS
070A CLASSIFIED PROGRAMS.. 3,609,978 3,609,978
TOTAL OTHER 3,834,165 3,834,165
PROCUREMENT, AIR
FORCE.
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 42,056 22,806
ENHANCEMENTS.
Classified [-19,250]
adjustment.
TOTAL 234,434 215,184
PROCUREMENT,
DEFENSE-WIDE.
TOTAL 8,614,221 8,704,921
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE
REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE
REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
ROTARY
006 AH-64 APACHE BLOCK 78,040 78,040
IIIA REMAN.
TOTAL AIRCRAFT 78,040 78,040
PROCUREMENT,
ARMY.
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) 104,200
SYSTEM SUMMARY.
Army unfunded [104,200]
requirement.
010 GUIDED MLRS ROCKET 76,000
(GMLRS).
Army unfunded [76,000]
requirement.
MODIFICATIONS
014 ATACMS MODS.......... 15,900
Army unfunded [15,900]
requirement.
TOTAL MISSILE 150,000 346,100
PROCUREMENT,
ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 4,000
TYPES.
Army unfunded [4,000]
requirement.
002 CTG, 7.62MM, ALL 14,000
TYPES.
Army unfunded [14,000]
requirement.
003 CTG, HANDGUN, ALL 9,000
TYPES.
Army unfunded [9,000]
requirement.
004 CTG, .50 CAL, ALL 20,000
TYPES.
Army unfunded [20,000]
requirement.
005 CTG, 20MM, ALL TYPES. 14,000
Army unfunded [14,000]
requirement.
007 CTG, 30MM, ALL TYPES. 8,200
Army unfunded [8,200]
requirement.
MORTAR AMMUNITION
011 120MM MORTAR, ALL 30,000
TYPES.
Army unfunded [30,000]
requirement.
TANK AMMUNITION
012 CARTRIDGES, TANK, 35,000
105MM AND 120MM, ALL
TYPES.
Army unfunded [35,000]
requirement.
ARTILLERY AMMUNITION
015 PROJ 155MM EXTENDED 23,500
RANGE M982.
Army unfunded [23,500]
requirement.
016 ARTILLERY 10,000
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Army unfunded [10,000]
requirement.
ROCKETS
019 SHOULDER LAUNCHED 30,000
MUNITIONS, ALL TYPES.
Army unfunded [30,000]
requirement.
020 ROCKET, HYDRA 70, ALL 42,500
TYPES.
Army unfunded [27,500]
requirement.
Army unfunded [15,000]
requirement-
guided hydra
rockets.
TOTAL 240,200
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
008 FAMILY OF MEDIUM 152,000 152,000
TACTICAL VEH (FMTV).
GENERATORS
158 GENERATORS AND 9,900 9,900
ASSOCIATED EQUIP.
TOTAL OTHER 161,900 161,900
PROCUREMENT,
ARMY.
JOINT IMPROVISED-
THREAT DEFEAT FUND
NETWORK ATTACK
001 RAPID ACQUISITION AND 113,272 113,272
THREAT RESPONSE.
TOTAL JOINT 113,272 113,272
IMPROVISED-
THREAT DEFEAT
FUND.
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 34,200 34,200
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
STRATEGIC MISSILES
003 TOMAHAWK............. 84,200
Scope Increase... [84,200]
TACTICAL MISSILES
005 SIDEWINDER........... 33,000
Navy unfunded [33,000]
requirement.
TOTAL WEAPONS 117,200
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 58,000
Navy unfunded [58,000]
requirement--JDAM
components.
MARINE CORPS
AMMUNITION
023 ARTILLERY, ALL TYPES. 19,200
Marine Corps [19,200]
unfunded
requirement-
GMLRS AW
munitions.
TOTAL 77,200
PROCUREMENT OF
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
OTHER ORDNANCE
SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE 59,329 59,329
DISPOSAL EQUIP.
TOTAL OTHER 59,329 59,329
PROCUREMENT,
NAVY.
AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRCRAFT
015 MQ-9................. 179,430 179,430
TOTAL AIRCRAFT 179,430 179,430
PROCUREMENT, AIR
FORCE.
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 184,700 184,700
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 60,000 60,000
BOMBS
006 JOINT DIRECT ATTACK 263,000 263,000
MUNITION.
TOTAL 323,000 323,000
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
007 TELEPORT PROGRAM..... 2,000 2,000
016 DEFENSE INFORMATION 2,000 2,000
SYSTEMS NETWORK.
TOTAL 4,000 4,000
PROCUREMENT,
DEFENSE-WIDE.
TOTAL 1,287,871 1,918,571
PROCUREMENT.
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
001 0601101A IN-HOUSE LABORATORY INDEPENDENT 12,381 12,381
RESEARCH.
002 0601102A DEFENSE RESEARCH SCIENCES......... 253,116 253,116
003 0601103A UNIVERSITY RESEARCH INITIATIVES... 69,166 69,166
004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 94,280 94,280
CENTERS.
.................................. 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 36,109 38,109
SURVIVABILITY.
.................................. Program increase.............. [2,000]
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 67,959 67,959
TECHNOLOGY.
014 0602618A BALLISTICS TECHNOLOGY............. 85,436 85,436
015 0602622A CHEMICAL, SMOKE AND EQUIPMENT 3,923 3,923
DEFEATING TECHNOLOGY.
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 23,671 23,671
TECHNOLOGY.
022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY.. 22,151 22,151
023 0602782A COMMAND, CONTROL, COMMUNICATIONS 37,803 37,803
TECHNOLOGY.
024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY.. 13,811 13,811
025 0602784A MILITARY ENGINEERING TECHNOLOGY... 67,416 67,416
026 0602785A MANPOWER/PERSONNEL/TRAINING 26,045 26,045
TECHNOLOGY.
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 68,714 68,714
TECHNOLOGY.
033 0603005A COMBAT VEHICLE AND AUTOMOTIVE 122,132 152,132
ADVANCED TECHNOLOGY.
.................................. Emerging requirement.......... [30,000]
034 0603006A SPACE APPLICATION ADVANCED 3,904 3,904
TECHNOLOGY.
035 0603007A MANPOWER, PERSONNEL AND TRAINING 14,417 14,417
ADVANCED TECHNOLOGY.
037 0603009A TRACTOR HIKE...................... 8,074 21,374
.................................. Classified adjustment......... [13,300]
038 0603015A NEXT GENERATION TRAINING & 18,969 18,969
SIMULATION SYSTEMS.
039 0603020A TRACTOR ROSE...................... 11,910 11,910
040 0603125A COMBATING TERRORISM--TECHNOLOGY 27,686 27,686
DEVELOPMENT.
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 52,190 52,190
TECHNOLOGY.
045 0603322A TRACTOR CAGE...................... 11,107 11,107
046 0603461A HIGH PERFORMANCE COMPUTING 177,190 179,190
MODERNIZATION PROGRAM.
.................................. Program increase.............. [2,000]
047 0603606A LANDMINE WARFARE AND BARRIER 17,451 17,451
ADVANCED TECHNOLOGY.
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 11,137 11,137
DEMONSTRATIONS.
051 0603734A MILITARY ENGINEERING ADVANCED 20,684 20,684
TECHNOLOGY.
052 0603772A ADVANCED TACTICAL COMPUTER SCIENCE 44,239 44,239
AND SENSOR TECHNOLOGY.
053 0603794A C3 ADVANCED TECHNOLOGY............ 35,775 35,775
.................................. SUBTOTAL ADVANCED TECHNOLOGY 930,065 975,365
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
054 0603305A ARMY MISSLE DEFENSE SYSTEMS 9,433 9,433
INTEGRATION.
055 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 23,056 23,056
056 0603619A LANDMINE WARFARE AND BARRIER--ADV 72,117 72,117
DEV.
057 0603627A SMOKE, OBSCURANT AND TARGET 28,244 28,244
DEFEATING SYS-ADV DEV.
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 15,730 15,730
SYSTEM--ADV DEV.
061 0603774A NIGHT VISION SYSTEMS ADVANCED 10,321 10,321
DEVELOPMENT.
062 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 7,785 7,785
DEM/VAL.
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-- 20,834 20,834
ADV DEV.
066 0603807A MEDICAL SYSTEMS--ADV DEV.......... 33,503 33,503
067 0603827A SOLDIER SYSTEMS--ADVANCED 31,120 40,520
DEVELOPMENT.
.................................. Accelerate small arms [9,400]
improvement.
068 0604100A ANALYSIS OF ALTERNATIVES.......... 6,608 6,608
069 0604114A LOWER TIER AIR MISSILE DEFENSE 35,132 35,132
(LTAMD) SENSOR.
070 0604115A TECHNOLOGY MATURATION INITIATIVES. 70,047 61,038
.................................. Excess growth................. [-9,009]
071 0604120A ASSURED POSITIONING, NAVIGATION 83,279 83,279
AND TIMING (PNT).
073 0305251A CYBERSPACE OPERATIONS FORCES AND 40,510 30,510
FORCE SUPPORT.
.................................. Inadequate justification...... [-10,000]
.................................. SUBTOTAL ADVANCED COMPONENT 550,635 541,026
DEVELOPMENT & PROTOTYPES.
..................................
.................................. 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 12,172 12,172
RADIO (MNVR).
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 39,282 39,282
(TUGV).
086 0604642A LIGHT TACTICAL WHEELED VEHICLES... 494 494
087 0604645A ARMORED SYSTEMS MODERNIZATION 9,678 9,678
(ASM)--ENG DEV.
088 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 84,519 84,519
089 0604713A COMBAT FEEDING, CLOTHING, AND 2,054 2,054
EQUIPMENT.
090 0604715A NON-SYSTEM TRAINING DEVICES--ENG 30,774 30,774
DEV.
091 0604741A AIR DEFENSE COMMAND, CONTROL AND 53,332 61,332
INTELLIGENCE--ENG DEV.
.................................. Program increase- all digital [8,000]
radar technology for CRAM.
092 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 17,887 17,887
DEVELOPMENT.
093 0604746A AUTOMATIC TEST EQUIPMENT 8,813 8,813
DEVELOPMENT.
094 0604760A DISTRIBUTIVE INTERACTIVE 10,487 10,487
SIMULATIONS (DIS)--ENG DEV.
095 0604780A COMBINED ARMS TACTICAL TRAINER 15,068 15,068
(CATT) CORE.
096 0604798A BRIGADE ANALYSIS, INTEGRATION AND 89,716 89,716
EVALUATION.
097 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 80,365 80,365
098 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 75,098 86,198
ENG DEV.
.................................. Program Increase- next [11,100]
generation signature
management.
099 0604805A COMMAND, CONTROL, COMMUNICATIONS 4,245 4,245
SYSTEMS--ENG DEV.
100 0604807A MEDICAL MATERIEL/MEDICAL 41,124 41,124
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
101 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 39,630 39,630
102 0604818A ARMY TACTICAL COMMAND & CONTROL 205,590 205,590
HARDWARE & SOFTWARE.
103 0604820A RADAR DEVELOPMENT................. 15,983 15,983
104 0604822A GENERAL FUND ENTERPRISE BUSINESS 6,805 6,805
SYSTEM (GFEBS).
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 155,584 144,584
SYSTEM-ARMY (IPPS-A).
.................................. Unjustified growth............ [-11,000]
110 0605028A ARMORED MULTI-PURPOSE VEHICLE 184,221 184,221
(AMPV).
111 0605029A INTEGRATED GROUND SECURITY 4,980 4,980
SURVEILLANCE RESPONSE CAPABILITY
(IGSSR-C).
112 0605030A JOINT TACTICAL NETWORK CENTER 15,041 15,041
(JTNC).
113 0605031A JOINT TACTICAL NETWORK (JTN)...... 16,014 16,014
114 0605032A TRACTOR TIRE...................... 27,254 27,254
115 0605033A GROUND-BASED OPERATIONAL 5,032 5,032
SURVEILLANCE SYSTEM--
EXPEDITIONARY (GBOSS-E).
116 0605034A TACTICAL SECURITY SYSTEM (TSS).... 2,904 2,904
117 0605035A COMMON INFRARED COUNTERMEASURES 96,977 96,977
(CIRCM).
118 0605036A COMBATING WEAPONS OF MASS 2,089 2,089
DESTRUCTION (CWMD).
119 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 33,836 33,836
120 0605042A TACTICAL NETWORK RADIO SYSTEMS 18,824 18,824
(LOW-TIER).
121 0605047A CONTRACT WRITING SYSTEM........... 20,663 20,663
122 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 41,133 41,133
123 0605052A INDIRECT FIRE PROTECTION 83,995 83,995
CAPABILITY INC 2--BLOCK 1.
125 0605380A AMF JOINT TACTICAL RADIO SYSTEM 5,028 5,028
(JTRS).
126 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 42,972 42,972
128 0605457A ARMY INTEGRATED AIR AND MISSILE 252,811 252,811
DEFENSE (AIAMD).
131 0605766A NATIONAL CAPABILITIES INTEGRATION 4,955 4,955
(MIP).
132 0605812A JOINT LIGHT TACTICAL VEHICLE 11,530 11,530
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
133 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 2,142 2,142
134 0210609A PALADIN INTEGRATED MANAGEMENT 41,498 41,498
(PIM).
135 0303032A TROJAN--RH12...................... 4,273 4,273
136 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 14,425 14,425
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 2,265,094 2,273,194
DEMONSTRATION.
..................................
.................................. RDT&E MANAGEMENT SUPPORT
137 0604256A THREAT SIMULATOR DEVELOPMENT...... 25,675 25,675
138 0604258A TARGET SYSTEMS DEVELOPMENT........ 19,122 19,122
139 0604759A MAJOR T&E INVESTMENT.............. 84,777 84,777
140 0605103A RAND ARROYO CENTER................ 20,658 20,658
141 0605301A ARMY KWAJALEIN ATOLL.............. 236,648 236,648
142 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 25,596 25,596
144 0605601A ARMY TEST RANGES AND FACILITIES... 293,748 293,748
145 0605602A ARMY TECHNICAL TEST 52,404 52,404
INSTRUMENTATION AND TARGETS.
146 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 38,571 38,571
147 0605606A AIRCRAFT CERTIFICATION............ 4,665 4,665
148 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,925 6,925
ACTIVITIES.
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 7,959 7,959
COLLABORATION & INTEG.
154 0605801A PROGRAMWIDE ACTIVITIES............ 51,822 51,822
155 0605803A TECHNICAL INFORMATION ACTIVITIES.. 33,323 33,323
156 0605805A MUNITIONS STANDARDIZATION, 40,545 40,545
EFFECTIVENESS AND SAFETY.
157 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 2,130 2,130
MGMT SUPPORT.
158 0605898A MANAGEMENT HQ--R&D................ 49,885 49,885
159 0303260A DEFENSE MILITARY DECEPTION 2,000 2,000
INITIATIVE.
.................................. SUBTOTAL RDT&E MANAGEMENT 1,136,134 1,136,134
SUPPORT.
..................................
.................................. 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 14,517 14,517
IMPROVEMENT PROGRAMS.
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 46,765 46,765
PROGRAM.
169 0607137A CHINOOK PRODUCT IMPROVEMENT 91,848 91,848
PROGRAM.
170 0607138A FIXED WING PRODUCT IMPROVEMENT 796 796
PROGRAM.
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 45,482 2,482
EXERCISE.
.................................. Program reduction............. [-43,000]
178 0203728A JOINT AUTOMATED DEEP OPERATION 30,455 30,455
COORDINATION SYSTEM (JADOCS).
179 0203735A COMBAT VEHICLE IMPROVEMENT 316,857 316,857
PROGRAMS.
180 0203740A MANEUVER CONTROL SYSTEM........... 4,031 4,031
181 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 35,793 35,793
IMPROVEMENT PROGRAMS.
182 0203752A AIRCRAFT ENGINE COMPONENT 259 259
IMPROVEMENT PROGRAM.
183 0203758A DIGITIZATION...................... 6,483 6,483
184 0203801A MISSILE/AIR DEFENSE PRODUCT 5,122 5,122
IMPROVEMENT PROGRAM.
185 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 7,491 7,491
PROGRAMS.
186 0203808A TRACTOR CARD...................... 20,333 20,333
188 0205410A MATERIALS HANDLING EQUIPMENT...... 124 124
190 0205456A LOWER TIER AIR AND MISSILE DEFENSE 69,417 69,417
(AMD) SYSTEM.
191 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 22,044 22,044
SYSTEM (GMLRS).
192 0208053A JOINT TACTICAL GROUND SYSTEM...... 12,649 12,649
194 0303028A SECURITY AND INTELLIGENCE 11,619 11,619
ACTIVITIES.
195 0303140A INFORMATION SYSTEMS SECURITY 38,280 38,280
PROGRAM.
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 4,718 4,718
SYSTEM.
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 32,284 32,284
SYSTEMS.
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 4,867 4,867
NETWORKING.
210 0708045A END ITEM INDUSTRIAL PREPAREDNESS 62,287 62,287
ACTIVITIES.
210A 9999999999 CLASSIFIED PROGRAMS............... 4,625 4,625
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,296,954 1,253,954
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 7,515,399 7,528,690
TEST & EVAL, ARMY.
..................................
.................................. 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 18,508 18,508
RESEARCH.
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 51,590 51,590
TECHNOLOGY.
007 0602235N COMMON PICTURE APPLIED RESEARCH... 41,185 41,185
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 45,467 45,467
RESEARCH.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 118,941 118,941
RESEARCH.
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 42,618 72,618
APPLIED RESEARCH.
.................................. Service Life Extension [30,000]
Program--AGOR.
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,327 6,327
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 126,313 126,313
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 165,103 165,103
RESEARCH.
014 0602782N MINE AND EXPEDITIONARY WARFARE 33,916 33,916
APPLIED RESEARCH.
015 0602898N SCIENCE AND TECHNOLOGY MANAGEMENT-- 29,575 29,575
ONR HEADQUARTERS.
.................................. SUBTOTAL APPLIED RESEARCH...... 861,151 891,151
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
016 0603114N POWER PROJECTION ADVANCED 96,406 96,406
TECHNOLOGY.
017 0603123N FORCE PROTECTION ADVANCED 48,438 48,438
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 26,421 26,421
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 140,416 140,416
DEMONSTRATION (ATD).
020 0603651M JOINT NON-LETHAL WEAPONS 13,117 13,117
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 249,092 247,092
TECHNOLOGY DEVELOPMENT.
.................................. Capable manpower, and power [-2,000]
and energy.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 56,712 56,712
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,789 4,789
TECHNOLOGY.
024 0603747N UNDERSEA WARFARE ADVANCED 25,880 25,880
TECHNOLOGY.
025 0603758N NAVY WARFIGHTING EXPERIMENTS AND 60,550 60,550
DEMONSTRATIONS.
026 0603782N MINE AND EXPEDITIONARY WARFARE 15,167 15,167
ADVANCED TECHNOLOGY.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 736,988 734,988
DEVELOPMENT.
..................................
.................................. 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 [-30,267]
excess growth.
.................................. Unmanned rapid prototype [-11,271]
development excess growth.
034 0603502N SURFACE AND SHALLOW WATER MINE 165,775 143,548
COUNTERMEASURES.
.................................. Excess prior year funds....... [-1,500]
.................................. LDUUV product development [-13,800]
excess growth.
.................................. USV with AQS-20 product [-5,750]
development excess growth.
.................................. USV with AQS-20 support excess [-1,177]
growth.
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 100,565 100,565
DEVELOPMENT.
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 & 15,805 15,805
FEASIBILITY STUDIES.
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 [-19,920]
carryover.
057 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 1,303 1,303
SYSTEM.
058 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 46,911 46,911
DEVELOPMENT.
060 0603713N OCEAN ENGINEERING TECHNOLOGY 4,556 4,556
DEVELOPMENT.
061 0603721N ENVIRONMENTAL PROTECTION.......... 20,343 20,343
062 0603724N NAVY ENERGY PROGRAM............... 52,479 52,479
063 0603725N FACILITIES IMPROVEMENT............ 5,458 5,458
064 0603734N CHALK CORAL....................... 245,860 245,860
065 0603739N NAVY LOGISTIC PRODUCTIVITY........ 3,089 3,089
066 0603746N RETRACT MAPLE..................... 323,526 323,526
067 0603748N LINK PLUMERIA..................... 318,497 318,497
068 0603751N RETRACT ELM....................... 52,834 52,834
069 0603764N LINK EVERGREEN.................... 48,116 48,116
070 0603787N SPECIAL PROCESSES................. 13,619 13,619
071 0603790N NATO RESEARCH AND DEVELOPMENT..... 9,867 9,867
072 0603795N LAND ATTACK TECHNOLOGY............ 6,015 6,015
073 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 27,904 27,904
074 0603860N JOINT PRECISION APPROACH AND 104,144 102,722
LANDING SYSTEMS--DEM/VAL.
.................................. UCLASS test support [-1,422]
unjustified request.
075 0603925N DIRECTED ENERGY AND ELECTRIC 32,700 32,700
WEAPON SYSTEMS.
076 0604112N GERALD R. FORD CLASS NUCLEAR 70,528 70,528
AIRCRAFT CARRIER (CVN 78--80).
077 0604122N REMOTE MINEHUNTING SYSTEM (RMS)... 3,001 3,001
078 0604272N TACTICAL AIR DIRECTIONAL INFRARED 34,920 34,920
COUNTERMEASURES (TADIRCM).
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 9,910 9,910
DEVELOPMENT PROGRAM.
085 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 23,971 23,971
ARCHITECTURE/ENGINEERING SUPPORT.
086 0604786N OFFENSIVE ANTI-SURFACE WARFARE 252,409 250,371
WEAPON DEVELOPMENT.
.................................. Increment II early to need.... [-2,038]
087 0605812M JOINT LIGHT TACTICAL VEHICLE 23,197 23,197
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
088 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,110 9,110
089 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 437 437
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 4,662,867 4,518,451
DEVELOPMENT & PROTOTYPES.
..................................
.................................. 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 5,275 5,275
DEVELOPMENT.
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 [-8,474]
excess growth.
.................................. Refueling system development [-8,251]
excess growth.
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 2,365 2,365
(JTRS-NAVY).
109 0604282N NEXT GENERATION JAMMER (NGJ) 52,065 42,065
INCREMENT II.
.................................. Program growth................ [-10,000]
110 0604307N SURFACE COMBATANT COMBAT SYSTEM 282,764 282,764
ENGINEERING.
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-- 25,750 25,750
COUNTER AIR SYSTEMS ENGINEERING.
118 0604501N ADVANCED ABOVE WATER SENSORS...... 85,868 85,868
119 0604503N SSN-688 AND TRIDENT MODERNIZATION. 117,476 117,476
120 0604504N AIR CONTROL....................... 47,404 47,404
121 0604512N SHIPBOARD AVIATION SYSTEMS........ 112,158 112,158
122 0604518N COMBAT INFORMATION CENTER 6,283 6,283
CONVERSION.
123 0604522N AIR AND MISSILE DEFENSE RADAR 144,395 144,395
(AMDR) SYSTEM.
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 65,002 85,002
T&E.
.................................. 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 7,369 7,369
DEVELOPMENT.
132 0604703N PERSONNEL, TRAINING, SIMULATION, 4,995 4,995
AND HUMAN FACTORS.
133 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 412 412
134 0604755N SHIP SELF DEFENSE (DETECT & 134,619 134,619
CONTROL).
135 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 114,475 105,475
KILL).
.................................. Program Execution............. [-9,000]
136 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 114,211 111,211
KILL/EW).
.................................. Decoy development effort [-3,000]
unjustified growth.
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 74,227 71,977
DEVELOPMENT--MARINE CORPS.
.................................. Follow-on development excess [-2,250]
funds.
143 0604810N JOINT STRIKE FIGHTER FOLLOW ON 63,387 61,137
DEVELOPMENT--NAVY.
.................................. Follow-on development excess [-2,250]
funds.
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 59,126 59,126
(MMA).
155 0605504N MULTI-MISSION MARITIME (MMA) 182,220 152,220
INCREMENT III.
.................................. 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 4,942 4,942
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,025,655 5,928,917
DEMONSTRATION.
..................................
.................................. 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 2,998 2,998
DEFENSE ORGANIZATION.
167 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,931 3,931
168 0605154N CENTER FOR NAVAL ANALYSES......... 46,634 46,634
169 0605285N NEXT GENERATION FIGHTER........... 1,200 1,200
171 0605804N TECHNICAL INFORMATION SERVICES.... 903 903
172 0605853N MANAGEMENT, TECHNICAL & 87,077 87,077
INTERNATIONAL SUPPORT.
173 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,597 3,597
174 0605861N RDT&E SCIENCE AND TECHNOLOGY 62,811 62,811
MANAGEMENT.
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 18,160 18,160
CAPABILITY.
178 0605866N NAVY SPACE AND ELECTRONIC WARFARE 9,658 9,658
(SEW) SUPPORT.
179 0605867N SEW SURVEILLANCE/RECONNAISSANCE 6,500 6,500
SUPPORT.
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 84,501 84,501
(CEC).
189 0607700N DEPLOYABLE JOINT COMMAND AND 2,970 2,970
CONTROL.
190 0101221N STRATEGIC SUB & WEAPONS SYSTEM 136,556 136,556
SUPPORT.
191 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 33,845 33,845
192 0101226N SUBMARINE ACOUSTIC WARFARE 9,329 9,329
DEVELOPMENT.
193 0101402N NAVY STRATEGIC COMMUNICATIONS..... 17,218 17,218
195 0204136N F/A-18 SQUADRONS.................. 189,125 189,125
196 0204163N FLEET TELECOMMUNICATIONS 48,225 48,225
(TACTICAL).
197 0204228N SURFACE SUPPORT................... 21,156 21,156
198 0204229N TOMAHAWK AND TOMAHAWK MISSION 71,355 71,355
PLANNING CENTER (TMPC).
199 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 58,542 57,058
.................................. TASW prototypes excess growth. [-1,484]
200 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 13,929 13,929
(DISPLACEMENT CRAFT).
201 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 83,538 83,538
ATOR).
202 0204571N CONSOLIDATED TRAINING SYSTEMS 38,593 38,593
DEVELOPMENT.
203 0204574N CRYPTOLOGIC DIRECT SUPPORT........ 1,122 1,122
204 0204575N ELECTRONIC WARFARE (EW) READINESS 99,998 99,998
SUPPORT.
205 0205601N HARM IMPROVEMENT.................. 48,635 48,635
206 0205604N TACTICAL DATA LINKS............... 124,785 124,785
207 0205620N SURFACE ASW COMBAT SYSTEM 24,583 24,583
INTEGRATION.
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 82,159 82,159
SYSTEMS.
212 0206335M COMMON AVIATION COMMAND AND 11,850 11,850
CONTROL SYSTEM (CAC2S).
213 0206623M MARINE CORPS GROUND COMBAT/ 47,877 47,877
SUPPORTING ARMS SYSTEMS.
214 0206624M MARINE CORPS COMBAT SERVICES 13,194 13,194
SUPPORT.
215 0206625M USMC INTELLIGENCE/ELECTRONIC 17,171 17,171
WARFARE SYSTEMS (MIP).
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 40,350 40,350
MISSILE (AMRAAM).
219 0219902M GLOBAL COMBAT SUPPORT SYSTEM-- 9,128 9,128
MARINE CORPS (GCSS-MC).
223 0303109N SATELLITE COMMUNICATIONS (SPACE).. 37,372 37,372
224 0303138N CONSOLIDATED AFLOAT NETWORK 23,541 23,541
ENTERPRISE SERVICES (CANES).
225 0303140N INFORMATION SYSTEMS SECURITY 38,510 38,510
PROGRAM.
228 0305192N MILITARY INTELLIGENCE PROGRAM 6,019 6,019
(MIP) ACTIVITIES.
229 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 8,436 8,436
230 0305205N UAS INTEGRATION AND 36,509 33,509
INTEROPERABILITY.
.................................. Prior year carryover.......... [-3,000]
231 0305208M DISTRIBUTED COMMON GROUND/SURFACE 2,100 2,100
SYSTEMS.
232 0305208N DISTRIBUTED COMMON GROUND/SURFACE 44,571 44,571
SYSTEMS.
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 5,071 5,071
(STUASL0).
238 0305239M RQ-21A............................ 9,497 9,497
239 0305241N MULTI-INTELLIGENCE SENSOR 77,965 77,965
DEVELOPMENT.
240 0305242M UNMANNED AERIAL SYSTEMS (UAS) 11,181 11,181
PAYLOADS (MIP).
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 3,592,934 3,588,450
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 17,276,301 17,078,663
TEST & EVAL, NAVY.
..................................
.................................. 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 14,168 14,168
INITIATIVES.
.................................. 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 [5,000]
structures development.
006 0602202F HUMAN EFFECTIVENESS APPLIED 111,647 111,647
RESEARCH.
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 161,650 161,650
METHODS.
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 35,137 45,137
SYSTEMS.
.................................. Metals Affordability [10,000]
Initiative.
015 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 20,636 20,636
(S&T).
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 94,594 99,594
TECHNOLOGY.
.................................. Silicon Carbide for aerospace [5,000]
power application.
019 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 58,250 58,250
020 0603401F ADVANCED SPACECRAFT TECHNOLOGY.... 61,593 61,593
021 0603444F MAUI SPACE SURVEILLANCE SYSTEM 11,681 11,681
(MSSS).
022 0603456F HUMAN EFFECTIVENESS ADVANCED 26,492 26,492
TECHNOLOGY DEVELOPMENT.
023 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 102,009 102,009
024 0603605F ADVANCED WEAPONS TECHNOLOGY....... 39,064 39,064
025 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 46,344 46,344
026 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 58,110 58,110
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 725,805 740,805
DEVELOPMENT.
..................................
.................................. 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 108,663 108,663
MISSILE--DEM/VAL.
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 74,308 74,308
DEFEAT SYSTEM (HDBTDS) PROGRAM.
039 0604422F WEATHER SYSTEM FOLLOW-ON.......... 118,953 113,953
.................................. Transfer Cloud [-5,000]
Characterization and Theater
Weather Imagery to NRO.
040 0604425F SPACE SITUATION AWARENESS SYSTEMS. 9,901 9,901
041 0604776F DEPLOYMENT & DISTRIBUTION 25,890 25,890
ENTERPRISE R&D.
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 49,491 49,491
(3DELRR).
048 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM 278,147 278,147
(USER EQUIPMENT) (SPACE).
049 0305236F COMMON DATA LINK EXECUTIVE AGENT 42,338 42,338
(CDL EA).
050 0306250F CYBER OPERATIONS TECHNOLOGY 158,002 158,002
DEVELOPMENT.
051 0306415F ENABLED CYBER ACTIVITIES.......... 15,842 15,842
052 0901410F CONTRACTING INFORMATION TECHNOLOGY 5,782 5,782
SYSTEM.
.................................. SUBTOTAL ADVANCED COMPONENT 2,847,833 2,853,333
DEVELOPMENT & PROTOTYPES.
..................................
.................................. 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 181,966 181,966
(SBIRS) HIGH EMD.
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 296,572 160,000
PROGRAM (SPACE)--EMD.
.................................. Launch System Development..... [160,000]
.................................. Next Generation Launch System [-296,572]
Investment.
070A 0604XXXF ROCKET PROPULSION SYSTEM.......... 220,000
.................................. Rocket Propulsion System [220,000]
Replacement of RD-180.
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 1,131 1,131
(JTNC).
074 0605213F F-22 MODERNIZATION INCREMENT 3.2B. 70,290 70,290
075 0605214F GROUND ATTACK WEAPONS FUZE 937 937
DEVELOPMENT.
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 [-30,000]
alternatives.
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 351,220 351,220
(PAR).
091 0701212F AUTOMATED TEST SYSTEMS............ 19,062 19,062
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 4,075,804 3,941,432
DEMONSTRATION.
..................................
.................................. 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 & 11,529 11,529
EVALUATION.
097 0605807F TEST AND EVALUATION SUPPORT....... 661,417 661,417
098 0605860F ROCKET SYSTEMS LAUNCH PROGRAM 11,198 11,198
(SPACE).
099 0605864F SPACE TEST PROGRAM (STP).......... 27,070 27,070
100 0605976F FACILITIES RESTORATION AND 134,111 134,111
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
101 0605978F FACILITIES SUSTAINMENT--TEST AND 28,091 28,091
EVALUATION SUPPORT.
102 0606017F REQUIREMENTS ANALYSIS AND 29,100 29,100
MATURATION.
103 0606116F SPACE TEST AND TRAINING RANGE 18,528 18,528
DEVELOPMENT.
104 0606392F SPACE AND MISSILE CENTER (SMC) 176,666 176,666
CIVILIAN WORKFORCE.
105 0308602F ENTEPRISE INFORMATION SERVICES 4,410 4,410
(EIS).
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-- 393,268 393,268
OPERATIONAL CONTROL SEGMENT.
111 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 15,427 15,427
TRAINING.
112 0604445F WIDE AREA SURVEILLANCE............ 46,695 46,695
115 0605018F AF INTEGRATED PERSONNEL AND PAY 10,368 10,368
SYSTEM (AF-IPPS).
116 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 31,952 31,952
AGENCY.
117 0605117F FOREIGN MATERIEL ACQUISITION AND 42,960 42,960
EXPLOITATION.
118 0605278F HC/MC-130 RECAP RDT&E............. 13,987 13,987
119 0101113F B-52 SQUADRONS.................... 78,267 78,267
120 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 453 453
121 0101126F B-1B SQUADRONS.................... 5,830 5,830
122 0101127F B-2 SQUADRONS..................... 152,458 152,458
123 0101213F MINUTEMAN SQUADRONS............... 182,958 182,958
124 0101313F STRAT WAR PLANNING SYSTEM-- 39,148 39,148
USSTRATCOM.
126 0101316F WORLDWIDE JOINT STRATEGIC 6,042 6,042
COMMUNICATIONS.
128 0102110F UH-1N REPLACEMENT PROGRAM......... 14,116 14,116
129 0102326F REGION/SECTOR OPERATION CONTROL 10,868 10,868
CENTER MODERNIZATION PROGRAM.
130 0105921F SERVICE SUPPORT TO STRATCOM--SPACE 8,674 8,674
ACTIVITIES.
131 0205219F MQ-9 UAV.......................... 151,373 161,373
.................................. Auto take-off and landing [10,000]
capability.
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 [-5,500]
funds.
139 0207161F TACTICAL AIM MISSILES............. 52,898 52,898
140 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 62,470 62,470
MISSILE (AMRAAM).
143 0207227F COMBAT RESCUE--PARARESCUE......... 362 362
144 0207247F AF TENCAP......................... 28,413 28,413
145 0207249F PRECISION ATTACK SYSTEMS 649 649
PROCUREMENT.
146 0207253F COMPASS CALL...................... 13,723 50,823
.................................. Compass Call Program [37,100]
Restructure.
147 0207268F AIRCRAFT ENGINE COMPONENT 109,859 109,859
IMPROVEMENT PROGRAM.
148 0207325F JOINT AIR-TO-SURFACE STANDOFF 30,002 30,002
MISSILE (JASSM).
149 0207410F AIR & SPACE OPERATIONS CENTER 37,621 25,343
(AOC).
.................................. Weapon system modification.... [-12,278]
150 0207412F CONTROL AND REPORTING CENTER (CRC) 13,292 13,292
151 0207417F AIRBORNE WARNING AND CONTROL 86,644 86,644
SYSTEM (AWACS).
152 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS. 2,442 2,442
154 0207431F COMBAT AIR INTELLIGENCE SYSTEM 10,911 15,911
ACTIVITIES.
.................................. Geospatial software [5,000]
development.
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 3,470 3,470
NETWORK (GSIN).
169 0301112F NUCLEAR PLANNING AND EXECUTION 4,060 4,060
SYSTEM (NPES).
175 0301400F SPACE SUPERIORITY INTELLIGENCE.... 13,880 13,880
176 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 30,948 30,948
CENTER (NAOC).
177 0303001F FAMILY OF ADVANCED BLOS TERMINALS 42,378 42,378
(FAB-T).
178 0303131F MINIMUM ESSENTIAL EMERGENCY 47,471 47,471
COMMUNICATIONS NETWORK (MEECN).
179 0303140F INFORMATION SYSTEMS SECURITY 46,388 46,388
PROGRAM.
180 0303141F GLOBAL COMBAT SUPPORT SYSTEM...... 52 52
181 0303142F GLOBAL FORCE MANAGEMENT--DATA 2,099 2,099
INITIATIVE.
184 0304260F AIRBORNE SIGINT ENTERPRISE........ 90,762 90,762
187 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,354 4,354
(GATM).
188 0305110F SATELLITE CONTROL NETWORK (SPACE). 15,624 15,624
189 0305111F WEATHER SERVICE................... 19,974 22,974
.................................. Commercial Weather Pilot [3,000]
Program.
190 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 9,770 9,770
LANDING SYSTEM (ATCALS).
191 0305116F AERIAL TARGETS.................... 3,051 3,051
194 0305128F SECURITY AND INVESTIGATIVE 405 405
ACTIVITIES.
195 0305145F ARMS CONTROL IMPLEMENTATION....... 4,844 4,844
196 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 339 339
ACTIVITIES.
199 0305173F SPACE AND MISSILE TEST AND 3,989 3,989
EVALUATION CENTER.
200 0305174F SPACE INNOVATION, INTEGRATION AND 3,070 3,070
RAPID TECHNOLOGY DEVELOPMENT.
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 18,902 18,902
SYSTEMS.
208 0305220F RQ-4 UAV.......................... 256,307 256,307
209 0305221F NETWORK-CENTRIC COLLABORATIVE 22,610 22,610
TARGETING.
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 2,360 2,360
TECHNOLOGY AND ARCHITECTURES.
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 35,002 35,002
OPERATIONS.
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 5,166 5,166
(LAIRCM).
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 61,676 61,676
(LOGIT).
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 1,523 1,523
AGENCY.
242 0901538F FINANCIAL MANAGEMENT INFORMATION 10,581 10,581
SYSTEMS DEVELOPMENT.
242A 9999999999 CLASSIFIED PROGRAMS............... 13,091,557 13,091,557
.................................. SUBTOTAL OPERATIONAL SYSTEMS 17,457,056 17,501,278
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 28,112,251 28,057,601
TEST & EVAL, AF.
..................................
.................................. 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
004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 57,791 57,791
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 69,345 79,345
.................................. K-12 STEM program increase.... [10,000]
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 23,572 33,572
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. Program increase.............. [10,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 44,800 44,800
PROGRAM.
.................................. 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 48,269 48,269
PROGRAM.
012 0602251D8Z APPLIED RESEARCH FOR THE 42,206 42,206
ADVANCEMENT OF S&T PRIORITIES.
013 0602303E INFORMATION & COMMUNICATIONS 353,635 353,635
TECHNOLOGY.
014 0602383E BIOLOGICAL WARFARE DEFENSE........ 21,250 21,250
015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 188,715 188,715
PROGRAM.
016 0602668D8Z CYBER SECURITY RESEARCH........... 12,183 12,183
017 0602702E TACTICAL TECHNOLOGY............... 313,843 313,843
018 0602715E MATERIALS AND BIOLOGICAL 220,456 214,456
TECHNOLOGY.
.................................. Program reduction............. [-6,000]
019 0602716E ELECTRONICS TECHNOLOGY............ 221,911 221,911
020 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT 154,857 154,857
TECHNOLOGIES.
021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 8,420 8,420
(SEI) APPLIED RESEARCH.
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 23,902 23,902
TECHNOLOGY.
025 0603122D8Z COMBATING TERRORISM TECHNOLOGY 73,002 73,002
SUPPORT.
026 0603133D8Z FOREIGN COMPARATIVE TESTING....... 19,343 29,343
.................................. Anti-tunnel defense systems... [10,000]
027 0603160BR COUNTERPROLIFERATION INITIATIVES-- 266,444 266,444
PROLIFERATION PREVENTION AND
DEFEAT.
028 0603176C ADVANCED CONCEPTS AND PERFORMANCE 17,880 17,880
ASSESSMENT.
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 17,256 17,256
DEVELOPMENT.
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 57,020 57,020
CONCEPTS.
041 0603375D8Z TECHNOLOGY INNOVATION............. 39,923 19,923
.................................. Program decrease.............. [-20,000]
042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 127,941 127,941
PROGRAM--ADVANCED DEVELOPMENT.
043 0603527D8Z RETRACT LARCH..................... 181,977 181,977
044 0603618D8Z JOINT ELECTRONIC ADVANCED 22,030 22,030
TECHNOLOGY.
045 0603648D8Z JOINT CAPABILITY TECHNOLOGY 148,184 132,184
DEMONSTRATIONS.
.................................. Program decrease.............. [-16,000]
046 0603662D8Z NETWORKED COMMUNICATIONS 9,331 9,331
CAPABILITIES.
047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 158,398 158,398
AND TECHNOLOGY PROGRAM.
048 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 31,259 31,259
049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY 49,895 49,895
DEVELOPMENT.
050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 11,011 11,011
DEMONSTRATIONS.
052 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 65,078 65,078
PROGRAM.
053 0603720S MICROELECTRONICS TECHNOLOGY 97,826 97,826
DEVELOPMENT AND SUPPORT.
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 155,081 155,081
COMMUNICATIONS SYSTEMS.
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 & 87,135 87,135
TECHNOLOGY.
065 0604055D8Z OPERATIONAL ENERGY CAPABILITY 37,329 41,329
IMPROVEMENT.
.................................. Competitive technology [4,000]
investment.
066 0303310D8Z CWMD SYSTEMS...................... 44,836 21,236
.................................. Constellation program [-23,600]
reduction.
067 1160402BB SOF ADVANCED TECHNOLOGY 61,620 61,620
DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 3,190,666 3,058,616
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
.................................. ADVANCED COMPONENT DEVELOPMENT AND
PROTOTYPES
068 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 28,498 28,498
SECURITY EQUIPMENT RDT&E ADC&P.
069 0603600D8Z WALKOFF........................... 89,643 89,643
071 0603821D8Z ACQUISITION ENTERPRISE DATA & 2,136 2,136
INFORMATION SERVICES.
072 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 52,491 52,491
CERTIFICATION PROGRAM.
073 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 206,834 206,834
DEFENSE SEGMENT.
074 0603882C BALLISTIC MISSILE DEFENSE 862,080 862,080
MIDCOURSE DEFENSE SEGMENT.
075 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 138,187 138,187
PROGRAM--DEM/VAL.
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 [-20,000]
growth.
080 0603893C SPACE TRACKING & SURVEILLANCE 32,129 32,129
SYSTEM.
081 0603895C BALLISTIC MISSILE DEFENSE SYSTEM 20,690 20,690
SPACE PROGRAMS.
082 0603896C BALLISTIC MISSILE DEFENSE COMMAND 439,617 443,517
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
.................................. Post Intercept Assessment [3,900]
Acceleration.
083 0603898C BALLISTIC MISSILE DEFENSE JOINT 47,776 47,776
WARFIGHTER SUPPORT.
084 0603904C MISSILE DEFENSE INTEGRATION & 54,750 54,750
OPERATIONS CENTER (MDIOC).
085 0603906C REGARDING TRENCH.................. 8,785 8,785
086 0603907C SEA BASED X-BAND RADAR (SBX)...... 68,787 68,787
087 0603913C ISRAELI COOPERATIVE PROGRAMS...... 103,835 268,735
.................................. Increase for Cooperative [164,900]
Development Programs subject
to Title XVI.
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 3,893 8,893
PROGRAM.
.................................. 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) 3,320 3,320
UNMANNED SYSTEM COMMON
DEVELOPMENT.
099 0604682D8Z WARGAMING AND SUPPORT FOR 4,000 4,000
STRATEGIC ANALYSIS (SSA).
102 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 23,642 23,642
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
104 0604873C LONG RANGE DISCRIMINATION RADAR 162,012 162,012
(LRDR).
105 0604874C IMPROVED HOMELAND DEFENSE 274,148 274,148
INTERCEPTORS.
106 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 63,444 63,444
DEFENSE SEGMENT TEST.
107 0604878C AEGIS BMD TEST.................... 95,012 95,012
108 0604879C BALLISTIC MISSILE DEFENSE SENSOR 83,250 83,250
TEST.
109 0604880C LAND-BASED SM-3 (LBSM3)........... 43,293 43,293
110 0604881C AEGIS SM-3 BLOCK IIA CO- 106,038 106,038
DEVELOPMENT.
111 0604887C BALLISTIC MISSILE DEFENSE 56,481 56,481
MIDCOURSE SEGMENT TEST.
112 0604894C MULTI-OBJECT KILL VEHICLE......... 71,513 71,513
114 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY 2,636 2,636
(JET) PROGRAM.
115 0305103C CYBER SECURITY INITIATIVE......... 969 969
.................................. SUBTOTAL ADVANCED COMPONENT 6,919,519 7,041,419
DEVELOPMENT AND PROTOTYPES.
115A 0604XXXD WEATHER SYSTEM FOLLOW-ON.......... 5,000
.................................. Transfer Cloud [5,000]
Characterization and Theater
Weather Imagery from USAF.
.................................. SUBTOTAL ADVANCED COMPONENT 0 5,000
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT AND
DEMONSTRATION
116 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 10,324 10,324
SECURITY EQUIPMENT RDT&E SDD.
117 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY 181,303 181,303
DEVELOPMENT.
118 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 266,231 266,231
PROGRAM--EMD.
120 0604771D8Z JOINT TACTICAL INFORMATION 16,288 16,288
DISTRIBUTION SYSTEM (JTIDS).
121 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT 4,568 4,568
CAPABILITIES.
122 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 11,505 11,505
123 0605021SE HOMELAND PERSONNEL SECURITY 1,658 1,658
INITIATIVE.
124 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 2,920 2,920
126 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 12,631 12,631
AND DEMONSTRATION.
128 0605080S DEFENSE AGENCY INTIATIVES (DAI)-- 26,657 26,657
FINANCIAL SYSTEM.
129 0605090S DEFENSE RETIRED AND ANNUITANT PAY 4,949 4,949
SYSTEM (DRAS).
130 0605140D8Z TRUSTED FOUNDRY................... 69,000 69,000
131 0605210D8Z DEFENSE-WIDE ELECTRONIC 9,881 9,881
PROCUREMENT CAPABILITIES.
132 0303141K GLOBAL COMBAT SUPPORT SYSTEM...... 7,600 7,600
133 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 2,703 2,703
MANAGEMENT (EEIM).
.................................. SUBTOTAL SYSTEM DEVELOPMENT AND 628,218 628,218
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
134 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 4,678 4,678
(DRRS).
135 0604875D8Z JOINT SYSTEMS ARCHITECTURE 4,499 4,499
DEVELOPMENT.
136 0604940D8Z CENTRAL TEST AND EVALUATION 219,199 219,199
INVESTMENT DEVELOPMENT (CTEIP).
137 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 28,706 28,706
138 0605001E MISSION SUPPORT................... 69,244 69,244
139 0605100D8Z JOINT MISSION ENVIRONMENT TEST 87,080 67,080
CAPABILITY (JMETC).
.................................. Prior year carryover and [-20,000]
minimize growth.
140 0605104D8Z TECHNICAL STUDIES, SUPPORT AND 23,069 23,069
ANALYSIS.
142 0605126J JOINT INTEGRATED AIR AND MISSILE 32,759 32,759
DEFENSE ORGANIZATION (JIAMDO).
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 7,246 7,246
INFORMATION INTEGRATION.
148 0605200D8Z GENERAL SUPPORT TO USD 1,874 1,874
(INTELLIGENCE).
149 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 85,754 85,754
PROGRAM.
158 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 2,187 2,187
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
159 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 22,650 22,650
160 0605801KA DEFENSE TECHNICAL INFORMATION 43,834 43,834
CENTER (DTIC).
161 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 22,240 22,240
TESTING AND EVALUATION.
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 4,400 4,400
INFORMATION CENTER (DTIC).
165 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 4,014 4,014
166 0203345D8Z DEFENSE OPERATIONS SECURITY 2,072 2,072
INITIATIVE (DOSI).
167 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 7,464 7,464
170 0303166J SUPPORT TO INFORMATION OPERATIONS 857 857
(IO) CAPABILITIES.
171 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 916 916
OFFICE (DMDPO).
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 34,384 34,384
TRAINING TRANSFORMATION (CE2T2)--
MHA.
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 1,424 1,424
(RIO) AND PARTNERSHIP FOR PEACE
INFORMATION MANA.
183 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 287 287
SHARED INFORMATION SYSTEM
(OHASIS).
184 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 16,195 16,195
SUSTAINMENT SUPPORT.
185 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 4,194 4,194
DEVELOPMENT.
186 0607327T GLOBAL THEATER SECURITY 7,861 7,861
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
187 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 33,361 33,361
(OPERATIONAL SYSTEMS DEVELOPMENT).
189 0208043J PLANNING AND DECISION AID SYSTEM 3,038 3,038
(PDAS).
190 0208045K C4I INTEROPERABILITY.............. 57,501 57,501
192 0301144K JOINT/ALLIED COALITION INFORMATION 5,935 5,935
SHARING.
196 0302016K NATIONAL MILITARY COMMAND SYSTEM- 575 575
WIDE SUPPORT.
197 0302019K DEFENSE INFO INFRASTRUCTURE 18,041 18,041
ENGINEERING AND INTEGRATION.
198 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 13,994 13,994
199 0303131K MINIMUM ESSENTIAL EMERGENCY 12,206 12,206
COMMUNICATIONS NETWORK (MEECN).
200 0303135G PUBLIC KEY INFRASTRUCTURE (PKI)... 34,314 34,314
201 0303136G KEY MANAGEMENT INFRASTRUCTURE 36,602 36,602
(KMI).
202 0303140D8Z INFORMATION SYSTEMS SECURITY 8,876 8,876
PROGRAM.
203 0303140G INFORMATION SYSTEMS SECURITY 159,068 161,068
PROGRAM.
.................................. 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 2,789 2,789
(JIE).
209 0303430K FEDERAL INVESTIGATIVE SERVICES 75,000 75,000
INFORMATION TECHNOLOGY.
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 5,415 5,415
SYSTEMS.
226 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,030 3,030
SYSTEMS.
229 0305327V INSIDER THREAT.................... 5,034 5,034
230 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,037 2,037
TRANSFER PROGRAM.
236 0307577D8Z INTELLIGENCE MISSION DATA (IMD)... 13,800 13,800
238 0708012S PACIFIC DISASTER CENTERS.......... 1,754 1,754
239 0708047S DEFENSE PROPERTY ACCOUNTABILITY 2,154 2,154
SYSTEM.
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 3,841 3,841
ACTIVITIES.
253 1160490BB OPERATIONAL ENHANCEMENTS 11,834 11,834
INTELLIGENCE.
253A 9999999999 CLASSIFIED PROGRAMS............... 3,270,515 3,270,515
.................................. SUBTOTAL OPERATIONAL SYSTEM 4,256,406 4,256,406
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 18,308,826 18,266,676
TEST & EVAL, DW.
..................................
.................................. 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 52,631 52,631
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 178,994 178,994
..................................
.................................. TOTAL OPERATIONAL TEST & 178,994 178,994
EVAL, DEFENSE.
..................................
.................................. 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 CONTINGENCY OPERATIONS (In Thousands of
Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
055 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 9,375 9,375
.................................. SUBTOTAL ADVANCED COMPONENT 9,375 9,375
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
091 0604741A AIR DEFENSE COMMAND, CONTROL AND 78,700 78,700
INTELLIGENCE--ENG DEV.
114 0605032A TRACTOR TIRE...................... 10,000 10,000
117 0605035A COMMON INFRARED COUNTERMEASURES 10,900 10,900
(CIRCM).
119 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 50,500 50,500
122 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 73,110 73,110
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 223,210 223,210
DEMONSTRATION.
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
208 0307665A BIOMETRICS ENABLED INTELLIGENCE... 7,104 7,104
.................................. SUBTOTAL OPERATIONAL SYSTEMS 7,104 7,104
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 239,689 239,689
TEST & EVAL, ARMY.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
038 0603527N RETRACT LARCH..................... 3,907 3,907
.................................. SUBTOTAL ADVANCED COMPONENT 3,907 3,907
DEVELOPMENT & PROTOTYPES.
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
245A 9999999999 CLASSIFIED PROGRAMS............... 36,426 36,426
.................................. SUBTOTAL OPERATIONAL SYSTEMS 36,426 36,426
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 40,333 40,333
TEST & EVAL, NAVY.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
058 0604421F COUNTERSPACE SYSTEMS.............. 425 425
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 425 425
DEMONSTRATION.
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
200 0305174F SPACE INNOVATION, INTEGRATION AND 4,715 4,715
RAPID TECHNOLOGY DEVELOPMENT.
242A 9999999999 CLASSIFIED PROGRAMS............... 27,765 27,765
.................................. SUBTOTAL OPERATIONAL SYSTEMS 32,480 32,480
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 32,905 32,905
TEST & EVAL, AF.
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
253A 9999999999 CLASSIFIED PROGRAMS............... 165,419 165,419
.................................. SUBTOTAL OPERATIONAL SYSTEM 165,419 165,419
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 165,419 165,419
TEST & EVAL, DW.
..................................
.................................. 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
CONTINGENCY OPERATIONS FOR BASE OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
090 0604715A NON-SYSTEM 33 33
TRAINING
DEVICES--ENG
DEV.
................ SUBTOTAL 33 33
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ TOTAL 33 33
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
078 0604272N TACTICAL AIR 37,990 37,990
DIRECTIONAL
INFRARED
COUNTERMEASURES
(TADIRCM).
................ SUBTOTAL 37,990 37,990
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ TOTAL 37,990 37,990
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
................
................ 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)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 791,450 841,450
Home station training [50,000]
unfunded requirement......
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]
Flying hour program [68,000]
unfunded requirement......
070 FORCE READINESS OPERATIONS 3,086,443 3,086,443
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 439,488 439,488
090 LAND FORCES DEPOT MAINTENANCE. 1,013,452 1,032,852
Depot maintenance unfunded [19,400]
requirement...............
100 BASE OPERATIONS SUPPORT....... 7,816,343 7,838,443
Eleventh CAB Support...... [22,100]
110 FACILITIES SUSTAINMENT, 2,234,546 2,319,946
RESTORATION & MODERNIZATION..
Restore Sustainment [85,400]
shortfalls................
120 MANAGEMENT AND OPERATIONAL 452,105 452,105
HEADQUARTERS.................
130 COMBATANT COMMANDERS CORE 155,658 155,658
OPERATIONS...................
170 COMBATANT COMMANDS DIRECT 441,143 441,143
MISSION SUPPORT..............
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 482,747 482,747
TRAINING CORPS...............
250 SPECIALIZED SKILL TRAINING.... 921,025 927,525
Defense Foreign Language [6,500]
Program...................
260 FLIGHT TRAINING............... 902,845 945,779
Graduate pilot training [5,405]
unfunded requirement......
School Air OPTEMPO [31,125]
unfunded requirement......
Train full ARPINT load of [6,404]
990.......................
270 PROFESSIONAL DEVELOPMENT 216,583 248,183
EDUCATION....................
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 189,556 189,556
EDUCATION....................
320 CIVILIAN EDUCATION AND 182,835 182,835
TRAINING.....................
330 JUNIOR RESERVE OFFICER 171,167 171,167
TRAINING CORPS...............
SUBTOTAL TRAINING AND 4,637,361 4,693,395
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION.... 230,739 295,739
Restore cricital [65,000]
shortfalls................
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
460 FINANCIAL MANAGEMENT AND AUDIT 250,612 250,612
READINESS....................
470 INTERNATIONAL MILITARY 416,587 416,587
HEADQUARTERS.................
480 MISC. SUPPORT OF OTHER NATIONS 36,666 36,666
530 CLASSIFIED PROGRAMS........... 1,151,023 1,151,023
SUBTOTAL ADMIN & SRVWIDE 8,614,494 8,679,494
ACTIVITIES................
UNDISTRIBUTED
540 UNDISTRIBUTED................. -400,200
Excessive standard price [-56,100]
for fuel..................
Foreign Currency [-194,100]
adjustments...............
Working Capital Fund [-150,000]
Carryover Above Allowable
Ceiling...................
SUBTOTAL UNDISTRIBUTED.... -400,200
TOTAL OPERATION & 33,809,040 33,832,274
MAINTENANCE, ARMY........
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 [20,000]
unfunded requirement......
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 347,459 347,659
SUPPORT......................
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, 214,955 223,055
RESTORATION & MODERNIZATION..
Restore Sustainment [8,100]
shortfalls................
110 MANAGEMENT AND OPERATIONAL 37,620 37,620
HEADQUARTERS.................
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 106,253 106,253
ACTIVITIES................
UNDISTRIBUTED
180 UNDISTRIBUTED................. -6,800
Excessive standard price [-6,800]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -6,800
TOTAL OPERATION & 2,712,331 2,733,831
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 708,251 758,251
Home station training [50,000]
unfunded requirement......
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 696,267 690,152
SUPPORT......................
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, 676,715 691,115
RESTORATION & MODERNIZATION..
Restore Sustainment [14,400]
shortfalls................
120 MANAGEMENT AND OPERATIONAL 1,021,144 1,021,144
HEADQUARTERS.................
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 407,167 408,317
ACTIVITIES................
UNDISTRIBUTED
190 UNDISTRIBUTED................. -29,000
Excessive standard price [-29,000]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -29,000
TOTAL OPERATION & 6,825,370 6,853,005
MAINTENANCE, ARNG........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 4,094,765 4,094,765
OPERATIONS...................
020 FLEET AIR TRAINING............ 1,722,473 1,722,473
030 AVIATION TECHNICAL DATA & 52,670 52,670
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 97,584 97,584
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 446,733 453,233
Marine Corps unfunded [5,300]
requirement--accelerate
readiness - H-1...........
Marine Corps unfunded [1,200]
requirement--accelerate
readiness - MV-22B........
060 AIRCRAFT DEPOT MAINTENANCE.... 1,007,681 1,071,681
AC Depot maintenance [34,000]
unfunded requirement......
Navy unfunded requirement-- [30,000]
Improve Afloat Readiness..
070 AIRCRAFT DEPOT OPERATIONS 38,248 38,248
SUPPORT......................
080 AVIATION LOGISTICS............ 564,720 598,220
E-6B and F-35 sustainment [16,000]
unfunded requirement......
Marine Corps unfunded [6,800]
requirement--accelerate
readiness - KC-130J.......
Marine Corps unfunded [10,700]
requirement--accelerate
readiness - MV-22B........
090 MISSION AND OTHER SHIP 3,513,083 3,861,283
OPERATIONS...................
Cruiser Modernization..... [90,200]
Navy unfunded requirement-- [158,000]
Improve Afloat Readiness..
Navy unfunded requirement-- [41,000]
Restore 3 CG Deployments..
Navy unfunded requirement-- [59,000]
Reverse PONCE (LPD-15)
Inactivation..............
100 SHIP OPERATIONS SUPPORT & 743,765 763,465
TRAINING.....................
Navy unfunded requirement-- [19,700]
Restore Fleet Training....
110 SHIP DEPOT MAINTENANCE........ 5,168,273 5,486,873
Cruiser Modernization..... [71,100]
Navy unfunded requirement-- [238,000]
Ship Depot Wholeness......
Program increase.......... [9,500]
120 SHIP DEPOT OPERATIONS SUPPORT. 1,575,578 1,654,578
Navy unfunded requirement-- [79,000]
Increase Alfoat Readiness.
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 346,703 346,703
OCEANOGRAPHY.................
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 91,019 91,019
OPERATIONS...................
220 COMBATANT COMMANDERS DIRECT 74,780 74,780
MISSION SUPPORT..............
230 CRUISE MISSILE................ 106,030 106,030
240 FLEET BALLISTIC MISSILE....... 1,233,805 1,233,805
250 IN-SERVICE WEAPONS SYSTEMS 163,025 163,025
SUPPORT......................
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 1,642,742 1,697,842
MODERNIZATION................
Restore Sustainment [55,100]
shortfalls................
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/ 6,727 6,727
INACTIVATIONS................
340 SHIP ACTIVATIONS/INACTIVATIONS 288,154 288,154
350 EXPEDITIONARY HEALTH SERVICES 95,720 95,720
SYSTEMS......................
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 143,445 143,445
CORPS........................
410 SPECIALIZED SKILL TRAINING.... 699,214 699,214
420 FLIGHT TRAINING............... 5,310 5,310
430 PROFESSIONAL DEVELOPMENT 172,852 172,852
EDUCATION....................
440 TRAINING SUPPORT.............. 222,728 222,728
450 RECRUITING AND ADVERTISING.... 225,647 225,647
460 OFF-DUTY AND VOLUNTARY 130,569 130,569
EDUCATION....................
470 CIVILIAN EDUCATION AND 73,730 73,730
TRAINING.....................
480 JUNIOR ROTC................... 50,400 50,400
SUBTOTAL TRAINING AND 1,876,229 1,876,229
RECRUITING................
ADMIN & SRVWD ACTIVITIES
490 ADMINISTRATION................ 917,453 917,453
500 EXTERNAL RELATIONS............ 14,570 14,570
510 CIVILIAN MANPOWER AND 124,070 124,070
PERSONNEL MANAGEMENT.........
520 MILITARY MANPOWER AND 369,767 369,767
PERSONNEL MANAGEMENT.........
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 270,863 270,863
DESIGN.......................
600 ACQUISITION AND PROGRAM 1,112,766 1,112,766
MANAGEMENT...................
610 HULL, MECHANICAL AND 49,078 49,078
ELECTRICAL SUPPORT...........
620 COMBAT/WEAPONS SYSTEMS........ 24,989 24,989
630 SPACE AND ELECTRONIC WARFARE 72,966 72,966
SYSTEMS......................
640 NAVAL INVESTIGATIVE SERVICE... 595,711 595,711
700 INTERNATIONAL HEADQUARTERS AND 4,809 4,809
AGENCIES.....................
730 CLASSIFIED PROGRAMS........... 517,440 517,440
SUBTOTAL ADMIN & SRVWD 4,851,976 4,851,976
ACTIVITIES................
UNDISTRIBUTED
740 UNDISTRIBUTED................. -416,900
Excessive standard price [-390,500]
for fuel..................
Foreign Currency [-26,400]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -416,900
TOTAL OPERATION & 39,483,581 39,991,281
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 674,613 760,313
Enterprise network defense [5,700]
unfunded requirement......
Exercise program unfunded [58,000]
requirement...............
Marine Corps unfunded [22,000]
requirement- enhanced
combat helmets............
020 FIELD LOGISTICS............... 947,424 983,674
Critical/ no fail EOD [600]
unfunded requirement......
Marine Corps unfunded [13,200]
requirement- rifle combat
optic modernization.......
Marine Corps unfunded [8,250]
requirement- SPMAGTF--C4
UUNS......................
Nano/VTOL unfunded [14,200]
requirement...............
030 DEPOT MAINTENANCE............. 206,783 214,583
Depot maintenance unfunded [7,800]
requirement...............
040 MARITIME PREPOSITIONING....... 85,276 85,276
050 SUSTAINMENT, RESTORATION & 632,673 694,673
MODERNIZATION................
Facility demolition [39,200]
unfunded requirement......
Restore Sustainment [22,800]
shortfalls................
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 45,495 45,495
EDUCATION....................
110 TRAINING SUPPORT.............. 369,979 369,979
120 RECRUITING AND ADVERTISING.... 165,566 165,566
130 OFF-DUTY AND VOLUNTARY 35,133 35,133
EDUCATION....................
140 JUNIOR ROTC................... 23,622 23,622
SUBTOTAL TRAINING AND 755,981 755,981
RECRUITING................
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 34,534 34,534
160 ADMINISTRATION................ 355,932 355,932
180 ACQUISITION AND PROGRAM 76,896 76,896
MANAGEMENT...................
200 CLASSIFIED PROGRAMS........... 47,520 47,520
SUBTOTAL ADMIN & SRVWD 514,882 514,882
ACTIVITIES................
UNDISTRIBUTED
210 UNDISTRIBUTED................. -6,400
Excessive standard price [-4,900]
for fuel..................
Foreign Currency [-1,500]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -6,400
TOTAL OPERATION & 5,954,258 6,139,608
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 526,190 526,190
OPERATIONS...................
020 INTERMEDIATE MAINTENANCE...... 6,714 6,714
030 AIRCRAFT DEPOT MAINTENANCE.... 86,209 90,209
Navy unfunded requirement-- [4,000]
Improve Afloat Readiness..
040 AIRCRAFT DEPOT OPERATIONS 389 389
SUPPORT......................
050 AVIATION LOGISTICS............ 10,189 10,189
070 SHIP OPERATIONS SUPPORT & 560 860
TRAINING.....................
Navy unfunded requirement-- [300]
Restore Fleet Training....
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 27,571 28,671
MODERNIZATION................
Restore Sustainment [1,100]
shortfalls................
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 13,251 13,251
PERSONNEL MANAGEMENT.........
170 SERVICEWIDE COMMUNICATIONS.... 3,445 3,445
180 ACQUISITION AND PROGRAM 3,169 3,169
MANAGEMENT...................
SUBTOTAL ADMIN & SRVWD 21,216 21,216
ACTIVITIES................
UNDISTRIBUTED
200 UNDISTRIBUTED................. -26,600
Excessive standard price [-26,600]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -26,600
TOTAL OPERATION & 927,656 906,456
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 94,154 94,154
020 DEPOT MAINTENANCE............. 18,594 18,594
030 SUSTAINMENT, RESTORATION AND 25,470 26,170
MODERNIZATION................
Restore Sustainment [700]
shortfalls................
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 20,865 20,865
ACTIVITIES................
UNDISTRIBUTED
090 UNDISTRIBUTED................. -800
Excessive standard price [-800]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -800
TOTAL OPERATION & 270,633 270,533
MAINTENANCE, MC RESERVE..
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, 1,730,757 1,730,757
MAINTAIN SKILLS).............
040 DEPOT MAINTENANCE............. 7,042,988 7,156,064
Compass Call Program [-56,500]
Restructure...............
Weapon system sustainment [169,576]
unfunded requirement......
050 FACILITIES SUSTAINMENT, 1,657,019 1,710,019
RESTORATION & MODERNIZATION..
Restore Sustainment [53,000]
shortfalls................
060 BASE SUPPORT.................. 2,787,216 2,787,216
070 GLOBAL C3I AND EARLY WARNING.. 887,831 927,831
Air Force unfunded [40,000]
requirement--Ground Based
Radars....................
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 907,245 907,245
MISSION SUPPORT..............
130 COMBATANT COMMANDERS CORE 199,171 199,171
OPERATIONS...................
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 [66,424]
unfunded requirement......
170 FACILITIES SUSTAINMENT, 258,328 266,628
RESTORATION & MODERNIZATION..
Restore Sustainment [8,300]
shortfalls................
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 77,692 77,692
CORPS (ROTC).................
220 FACILITIES SUSTAINMENT, 236,254 243,854
RESTORATION & MODERNIZATION..
Restore Sustainment [7,600]
shortfalls................
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 264,213 264,213
EDUCATION....................
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 184,841 184,841
EDUCATION....................
320 CIVILIAN EDUCATION AND 173,583 173,583
TRAINING.....................
330 JUNIOR ROTC................... 58,877 58,877
SUBTOTAL TRAINING AND 3,573,006 3,580,606
RECRUITING................
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, 321,013 331,313
RESTORATION & MODERNIZATION..
Restore Sustainment [10,300]
shortfalls................
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 [2,800]
Support...................
450 INTERNATIONAL SUPPORT......... 90,573 90,573
460 CLASSIFIED PROGRAMS........... 1,131,603 1,131,603
SUBTOTAL ADMIN & SRVWD 6,808,406 6,821,506
ACTIVITIES................
UNDISTRIBUTED
470 UNDISTRIBUTED................. -484,700
Excessive standard price [-368,000]
for fuel..................
Foreign Currency [-116,700]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -484,700
TOTAL OPERATION & 37,518,056 37,337,656
MAINTENANCE, AIR FORCE...
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, 113,470 116,170
RESTORATION & MODERNIZATION..
Restore Sustainment [2,700]
shortfalls................
050 BASE SUPPORT.................. 384,832 384,832
SUBTOTAL OPERATING FORCES. 2,977,943 2,980,643
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
060 ADMINISTRATION................ 54,939 54,939
070 RECRUITING AND ADVERTISING.... 14,754 14,754
080 MILITARY MANPOWER AND PERS 12,707 12,707
MGMT (ARPC)..................
090 OTHER PERS SUPPORT (DISABILITY 7,210 7,210
COMP)........................
100 AUDIOVISUAL................... 376 376
SUBTOTAL ADMINISTRATION 89,986 89,986
AND SERVICEWIDE ACTIVITIES
UNDISTRIBUTED
110 UNDISTRIBUTED................. -59,700
Excessive standard price [-59,700]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -59,700
TOTAL OPERATION & 3,067,929 3,010,929
MAINTENANCE, AF RESERVE..
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 [3,200]
engines unfunded
requirement...............
Weapon system sustainment [40,000]
unfunded requirement......
040 FACILITIES SUSTAINMENT, 245,840 254,940
RESTORATION & MODERNIZATION..
Restore Sustainment [9,100]
shortfalls................
050 BASE SUPPORT.................. 575,548 575,548
SUBTOTAL OPERATING FORCES. 6,651,017 6,699,317
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
060 ADMINISTRATION................ 23,715 23,715
070 RECRUITING AND ADVERTISING.... 28,846 28,846
SUBTOTAL ADMINISTRATION 52,561 52,561
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
080 UNDISTRIBUTED................. -117,700
Excessive standard price [-117,700]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -117,700
TOTAL OPERATION & 6,703,578 6,634,178
MAINTENANCE, ANG.........
OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 506,113 506,113
020 OFFICE OF THE SECRETARY OF 524,439 524,439
DEFENSE......................
030 SPECIAL OPERATIONS COMMAND/ 4,898,159 4,889,359
OPERATING FORCES.............
Unjustified growth in [-8,800]
total civilian
compensation..............
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/ 365,349 365,349
TRAINING AND RECRUITING......
SUBTOTAL TRAINING AND 589,708 589,708
RECRUITING................
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
080 CIVIL MILITARY PROGRAMS....... 160,480 195,819
National Guard Youth [10,339]
Challenge Program.........
STARBASE.................. [25,000]
100 DEFENSE CONTRACT AUDIT AGENCY. 630,925 630,925
110 DEFENSE CONTRACT MANAGEMENT 1,356,380 1,356,380
AGENCY.......................
120 DEFENSE HUMAN RESOURCES 683,620 683,620
ACTIVITY.....................
130 DEFENSE INFORMATION SYSTEMS 1,439,891 1,439,891
AGENCY.......................
150 DEFENSE LEGAL SERVICES AGENCY. 24,984 24,984
160 DEFENSE LOGISTICS AGENCY...... 357,964 352,164
Price Comparability Office [-5,800]
unjustified growth........
170 DEFENSE MEDIA ACTIVITY........ 223,422 223,422
180 DEFENSE PERSONNEL ACCOUNTING 112,681 112,681
AGENCY.......................
190 DEFENSE SECURITY COOPERATION 496,754 621,754
AGENCY.......................
Transfer from Drug [125,000]
Interdiction and Counter-
Drug Activities...........
200 DEFENSE SECURITY SERVICE...... 538,711 538,711
230 DEFENSE TECHNOLOGY SECURITY 35,417 35,417
ADMINISTRATION...............
240 DEFENSE THREAT REDUCTION 448,146 448,146
AGENCY.......................
260 DEPARTMENT OF DEFENSE 2,671,143 2,701,143
EDUCATION ACTIVITY...........
Impact Aid................ [25,000]
Impact Aid severe [5,000]
disabilities..............
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 1,481,643 1,487,293
DEFENSE......................
BRAC 2017 Round Planning [-3,530]
and Analyses..............
CWMD Sustainment: [-3,800]
Constellation program
reduction.................
DOD rewards early to need. [-1,000]
Intelligence Management-- [-1,000]
program reduction.........
Reeadiness environmental [14,980]
protection initiative.....
310 SPECIAL OPERATIONS COMMAND/ 89,429 89,429
ADMIN & SVC-WIDE ACTIVITIES..
320 WASHINGTON HEADQUARTERS 629,874 629,874
SERVICES.....................
330 CLASSIFIED PROGRAMS........... 14,069,333 14,069,333
SUBTOTAL ADMINISTRATION 26,053,171 26,224,160
AND SERVICEWIDE ACTIVITIES
UNDISTRIBUTED
340 UNDISTRIBUTED................. -47,100
Excessive standard price [-17,800]
for fuel..................
Foreign Currency [-34,300]
adjustments...............
Temporary Duty Assignment [5,000]
Per Diem Rate Waiver......
SUBTOTAL UNDISTRIBUTED.... -47,100
TOTAL OPERATION & 32,571,590 32,686,679
MAINTENANCE, DEFENSE-WIDE
MISCELLANEOUS APPROPRIATIONS
MISCELLANEOUS APPROPRIATIONS
010 US COURT OF APPEALS FOR THE 14,194 14,194
ARMED FORCES, DEFENSE........
020 OVERSEAS HUMANITARIAN, 105,125 105,125
DISASTER AND CIVIC AID.......
030 COOPERATIVE THREAT REDUCTION.. 325,604 325,604
050 ENVIRONMENTAL RESTORATION, 170,167 170,167
ARMY.........................
060 ENVIRONMENTAL RESTORATION, 281,762 281,762
NAVY.........................
070 ENVIRONMENTAL RESTORATION, AIR 371,521 371,521
FORCE........................
080 ENVIRONMENTAL RESTORATION, 9,009 9,009
DEFENSE......................
090 ENVIRONMENTAL RESTORATION 197,084 197,084
FORMERLY USED SITES..........
SUBTOTAL MISCELLANEOUS 1,474,466 1,474,466
APPROPRIATIONS............
TOTAL MISCELLANEOUS 1,474,466 1,474,466
APPROPRIATIONS...........
TOTAL OPERATION & 171,318,488 171,870,896
MAINTENANCE..............
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................. 427,063 416,263
Army requested realignment [-10,800]
(ERI)......................
040 THEATER LEVEL ASSETS........... 1,834,423 1,834,423
050 LAND FORCES OPERATIONS SUPPORT. 558,086 426,086
Army requested realignment [-132,000]
(ERI)......................
060 AVIATION ASSETS................ 58,620 58,620
070 FORCE READINESS OPERATIONS 1,552,468 1,550,468
SUPPORT.......................
Army requested realignment [-2,000]
(ERI)......................
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 5,000 5,000
PROGRAM.......................
160 RESET.......................... 1,100,722 1,100,722
170 COMBATANT COMMANDS DIRECT 79,568 79,568
MISSION SUPPORT...............
SUBTOTAL OPERATING FORCES.. 14,373,118 14,228,318
MOBILIZATION
190 ARMY PREPOSITIONED STOCKS...... 350,200 130,000
Army requested realignment [-220,200]
(ERI)......................
SUBTOTAL MOBILIZATION...... 350,200 130,000
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION..... 720,399 840,399
Army requested realignment [120,000]
(ERI)......................
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 1,935,063 2,055,063
ACTIVITIES.................
TOTAL OPERATION & 16,658,381 16,413,381
MAINTENANCE, ARMY.........
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 1,140 1,140
SUPPORT.......................
090 BASE OPERATIONS SUPPORT........ 14,653 14,653
SUBTOTAL OPERATING FORCES.. 24,120 24,120
TOTAL OPERATION & 24,120 24,120
MAINTENANCE, ARMY RES.....
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 2,741 2,741
SUPPORT.......................
100 BASE OPERATIONS SUPPORT........ 18,800 18,800
120 MANAGEMENT AND OPERATIONAL 920 920
HEADQUARTERS..................
SUBTOTAL OPERATING FORCES.. 66,907 66,907
TOTAL OPERATION & 66,907 66,907
MAINTENANCE, ARNG.........
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 3,332,458 3,332,458
DEFENSE....................
MINISTRY OF INTERIOR
050 SUSTAINMENT.................... 860,441 860,441
060 INFRASTRUCTURE................. 20,837 20,837
070 EQUIPMENT AND TRANSPORTATION... 8,153 8,153
080 TRAINING AND OPERATIONS........ 41,326 41,326
SUBTOTAL MINISTRY OF 930,757 930,757
INTERIOR...................
TOTAL AFGHANISTAN SECURITY 4,263,215 4,263,215
FORCES FUND...............
IRAQ TRAIN AND EQUIP FUND
IRAQ TRAIN AND EQUIP FUND
010 IRAQ TRAIN AND EQUIP FUND...... 919,500 0
Transfer to Counter-ISIL [-919,500]
Fund.......................
SUBTOTAL IRAQ TRAIN AND 919,500 0
EQUIP FUND.................
TOTAL IRAQ TRAIN AND EQUIP 919,500 0
FUND......................
SYRIA TRAIN AND EQUIP FUND
SYRIA TRAIN AND EQUIP FUND
010 SYRIA TRAIN AND EQUIP FUND..... 250,000 0
Transfer to Counter-ISIL [-250,000]
Fund.......................
SUBTOTAL SYRIA TRAIN AND 250,000 0
EQUIP FUND.................
TOTAL SYRIA TRAIN AND 250,000 0
EQUIP FUND................
COUNTER-ISIL FUND
COUNTER-ISIL FUND
010 COUNTER-ISIL FUND.............. 1,169,500
Transfer from Iraq Train [919,500]
and Equip..................
Transfer from Syria Train [250,000]
and Equip..................
SUBTOTAL COUNTER-ISIL FUND. 1,169,500
TOTAL COUNTER-ISIL FUND... 1,169,500
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 427,452 427,452
OPERATIONS....................
040 AIR OPERATIONS AND SAFETY 4,603 4,603
SUPPORT.......................
050 AIR SYSTEMS SUPPORT............ 159,049 159,049
060 AIRCRAFT DEPOT MAINTENANCE..... 113,994 113,994
070 AIRCRAFT DEPOT OPERATIONS 1,840 1,840
SUPPORT.......................
080 AVIATION LOGISTICS............. 35,529 35,529
090 MISSION AND OTHER SHIP 1,073,080 1,073,080
OPERATIONS....................
100 SHIP OPERATIONS SUPPORT & 17,306 17,306
TRAINING......................
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 22,934 22,934
OCEANOGRAPHY..................
180 COMBAT SUPPORT FORCES.......... 575,305 575,305
190 EQUIPMENT MAINTENANCE.......... 11,358 11,358
250 IN-SERVICE WEAPONS SYSTEMS 61,000 61,000
SUPPORT.......................
260 WEAPONS MAINTENANCE............ 309,045 309,045
270 OTHER WEAPON SYSTEMS SUPPORT... 8,000 8,000
290 SUSTAINMENT, RESTORATION AND 7,819 7,819
MODERNIZATION.................
300 BASE OPERATING SUPPORT......... 61,493 61,493
SUBTOTAL OPERATING FORCES.. 5,062,098 5,062,098
MOBILIZATION
330 AIRCRAFT ACTIVATIONS/ 1,530 1,530
INACTIVATIONS.................
350 EXPEDITIONARY HEALTH SERVICES 6,713 6,713
SYSTEMS.......................
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 43,365 43,365
RECRUITING.................
ADMIN & SRVWD ACTIVITIES
490 ADMINISTRATION................. 3,764 3,764
500 EXTERNAL RELATIONS............. 515 515
520 MILITARY MANPOWER AND PERSONNEL 5,409 5,409
MANAGEMENT....................
530 OTHER PERSONNEL SUPPORT........ 1,578 1,578
570 SERVICEWIDE TRANSPORTATION..... 126,700 126,700
600 ACQUISITION AND PROGRAM 9,261 9,261
MANAGEMENT....................
640 NAVAL INVESTIGATIVE SERVICE.... 1,501 1,501
730 CLASSIFIED PROGRAMS............ 16,280 16,280
SUBTOTAL ADMIN & SRVWD 165,008 165,008
ACTIVITIES.................
TOTAL OPERATION & 5,441,406 5,441,406
MAINTENANCE, NAVY.........
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 31,750 31,750
RECRUITING.................
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION..... 73,800 73,800
200 CLASSIFIED PROGRAMS............ 3,650 3,650
SUBTOTAL ADMIN & SRVWD 77,450 77,450
ACTIVITIES.................
TOTAL OPERATION & 1,112,805 1,112,805
MAINTENANCE, MARINE CORPS.
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 & 26,265 26,265
MAINTENANCE, NAVY RES.....
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
TOTAL OPERATION & 3,304 3,304
MAINTENANCE, MC RESERVE...
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES.......... 1,852,159 1,890,159
Enhancing readiness levels [10,000]
of DCA aircraft............
ERI nuclear readiness...... [28,000]
020 COMBAT ENHANCEMENT FORCES...... 1,127,319 1,127,319
030 AIR OPERATIONS TRAINING (OJT, 152,278 152,278
MAINTAIN SKILLS)..............
040 DEPOT MAINTENANCE.............. 1,061,506 1,087,106
Compass Call Program [25,600]
Restructure................
050 FACILITIES SUSTAINMENT, 56,700 56,700
RESTORATION & MODERNIZATION...
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 [5,000]
burden sharing.............
100 LAUNCH FACILITIES.............. 869 869
110 SPACE CONTROL SYSTEMS.......... 5,008 5,008
120 COMBATANT COMMANDERS DIRECT 100,081 100,081
MISSION SUPPORT...............
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 57,240 57,240
RECRUITING.................
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 468,964 443,906
ACTIVITIES.................
TOTAL OPERATION & 9,757,326 9,800,868
MAINTENANCE, AIR FORCE....
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 & 57,586 57,586
MAINTENANCE, AF RESERVE...
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 & 20,000 20,000
MAINTENANCE, ANG..........
OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF.......... 10,000
Enhancing exercise of DCA [10,000]
aircraft...................
030 SPECIAL OPERATIONS COMMAND/ 2,853,363 2,853,363
OPERATING FORCES..............
SUBTOTAL OPERATING FORCES.. 2,853,363 2,863,363
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
100 DEFENSE CONTRACT AUDIT AGENCY.. 13,436 13,436
110 DEFENSE CONTRACT MANAGEMENT 13,564 13,564
AGENCY........................
130 DEFENSE INFORMATION SYSTEMS 34,299 34,299
AGENCY........................
150 DEFENSE LEGAL SERVICES AGENCY.. 111,986 111,986
170 DEFENSE MEDIA ACTIVITY......... 13,317 13,317
190 DEFENSE SECURITY COOPERATION 1,412,000 2,162,000
AGENCY........................
Transfer from [750,000]
Counterterrorism
Partnership Fund...........
260 DEPARTMENT OF DEFENSE EDUCATION 67,000 67,000
ACTIVITY......................
300 OFFICE OF THE SECRETARY OF 31,106 31,106
DEFENSE.......................
320 WASHINGTON HEADQUARTERS 3,137 3,137
SERVICES......................
330 CLASSIFIED PROGRAMS............ 1,803,880 1,803,880
SUBTOTAL ADMINISTRATION AND 3,503,725 4,253,725
SERVICEWIDE ACTIVITIES.....
TOTAL OPERATION & 6,357,088 7,117,088
MAINTENANCE, DEFENSE-WIDE.
TOTAL OPERATION & 44,957,903 45,516,445
MAINTENANCE...............
------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS FOR BASE REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
FOR BASE REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request 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 253,533 253,533
SUPPORT.......................
090 LAND FORCES DEPOT MAINTENANCE.. 350,000 350,000
110 FACILITIES SUSTAINMENT, 113,800
RESTORATION & MODERNIZATION...
Increase Restoration & [113,800]
Modernization funding......
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 9,021 9,021
EDUCATION.....................
280 TRAINING SUPPORT............... 2,434 2,434
290 RECRUITING AND ADVERTISING..... 284,800
Recruiting and Advertising [284,800]
Add........................
320 CIVILIAN EDUCATION AND TRAINING 1,254 1,254
SUBTOTAL TRAINING AND 16,274 301,074
RECRUITING.................
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION..... 200,000 200,000
SUBTOTAL ADMIN & SRVWIDE 200,000 200,000
ACTIVITIES.................
UNDISTRIBUTED
540 UNDISTRIBUTED.................. 563,400
Additional funding to [563,400]
support increase in Army
end strength...............
SUBTOTAL UNDISTRIBUTED..... 563,400
TOTAL OPERATION & 1,586,475 2,548,475
MAINTENANCE, ARMY.........
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 4,285 4,285
SUPPORT.......................
100 FACILITIES SUSTAINMENT, 13,100
RESTORATION & MODERNIZATION...
Increase Restoration & [13,100]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 14,559 27,659
UNDISTRIBUTED
180 UNDISTRIBUTED.................. 82,700
Additional funding to [82,700]
support increase in Army
Reserve end strength.......
SUBTOTAL UNDISTRIBUTED..... 82,700
TOTAL OPERATION & 14,559 110,359
MAINTENANCE, ARMY RES.....
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 9,694 9,694
SUPPORT.......................
110 FACILITIES SUSTAINMENT, 1,500
RESTORATION & MODERNIZATION...
Increase Restoration & [1,500]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 60,128 61,628
UNDISTRIBUTED
190 UNDISTRIBUTED.................. 127,300
Additional funding to [127,300]
support increase in Army
National Guard end strength
SUBTOTAL UNDISTRIBUTED..... 127,300
TOTAL OPERATION & 60,128 188,928
MAINTENANCE, ARNG.........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 500,000 500,000
OPERATIONS....................
110 SHIP DEPOT MAINTENANCE......... 775,000 775,000
290 SUSTAINMENT, RESTORATION AND 19,270 45,370
MODERNIZATION.................
Increase Restoration & [26,100]
Modernization funding......
300 BASE OPERATING SUPPORT......... 158,032 158,032
SUBTOTAL OPERATING FORCES.. 1,452,302 1,478,402
MOBILIZATION
350 EXPEDITIONARY HEALTH SERVICES 3,597 3,597
SYSTEMS.......................
SUBTOTAL MOBILIZATION...... 3,597 3,597
ADMIN & SRVWD ACTIVITIES
540 SERVICEWIDE COMMUNICATIONS..... 25,617 25,617
SUBTOTAL ADMIN & SRVWD 25,617 25,617
ACTIVITIES.................
TOTAL OPERATION & 1,481,516 1,507,616
MAINTENANCE, NAVY.........
OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............. 300,000 300,000
050 SUSTAINMENT, RESTORATION & 7,200
MODERNIZATION.................
Increase Restoration & [7,200]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 300,000 307,200
TOTAL OPERATION & 300,000 307,200
MAINTENANCE, MARINE CORPS.
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
130 SUSTAINMENT, RESTORATION AND 500
MODERNIZATION.................
Increase Restoration & [500]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 500
TOTAL OPERATION & 500
MAINTENANCE, NAVY RES.....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
030 SUSTAINMENT, RESTORATION AND 1,000
MODERNIZATION.................
Increase Restoration & [1,000]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 1,000
TOTAL OPERATION & 1,000
MAINTENANCE, MC RESERVE...
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
040 DEPOT MAINTENANCE.............. 124,000 124,000
050 FACILITIES SUSTAINMENT, 32,900
RESTORATION & MODERNIZATION...
Increase Restoration & [32,900]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 124,000 156,900
MOBILIZATION
170 FACILITIES SUSTAINMENT, 5,100
RESTORATION & MODERNIZATION...
Increase Restoration & [5,100]
Modernization funding......
SUBTOTAL MOBILIZATION...... 5,100
TRAINING AND RECRUITING
220 FACILITIES SUSTAINMENT, 4,700
RESTORATION & MODERNIZATION...
Increase Restoration & [4,700]
Modernization funding......
SUBTOTAL TRAINING AND 4,700
RECRUITING.................
ADMIN & SRVWD ACTIVITIES
370 FACILITIES SUSTAINMENT, 6,400
RESTORATION & MODERNIZATION...
Increase Restoration & [6,400]
Modernization funding......
SUBTOTAL ADMIN & SRVWD 6,400
ACTIVITIES.................
TOTAL OPERATION & 124,000 173,100
MAINTENANCE, AIR FORCE....
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
040 FACILITIES SUSTAINMENT, 1,600
RESTORATION & MODERNIZATION...
Increase Restoration & [1,600]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 1,600
TOTAL OPERATION & 1,600
MAINTENANCE, AF RESERVE...
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
040 FACILITIES SUSTAINMENT, 4,300
RESTORATION & MODERNIZATION...
Increase Restoration & [4,300]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 4,300
TOTAL OPERATION & 4,300
MAINTENANCE, ANG..........
OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
030 SPECIAL OPERATIONS COMMAND/ 14,344 14,344
OPERATING FORCES..............
SUBTOTAL OPERATING FORCES.. 14,344 14,344
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
130 DEFENSE INFORMATION SYSTEMS 14,700 14,700
AGENCY........................
330 CLASSIFIED PROGRAMS............ 9,000 9,000
SUBTOTAL ADMINISTRATION AND 23,700 23,700
SERVICEWIDE ACTIVITIES.....
TOTAL OPERATION & 38,044 38,044
MAINTENANCE, DEFENSE-WIDE.
TOTAL OPERATION & 3,604,722 4,881,122
MAINTENANCE...............
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 128,902,332 128,202,564
Military Personnel Pay Raise.......... [330,000]
Marine Corps--Bonus Pay/PCS Resotral/ [49,000]
Foreign Language Bonus...............
Foreign currency adjustments.......... [-200,400]
Historical unobligated balances....... [-880,050]
National Guard State Partnership [841]
Program, Army, Special Training......
National Guard State Partnership [841]
Program, Air Force, Special Training.
Medicare-Eligible Retiree Health Fund 6,366,908 6,366,908
Contributions........................
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)
-------------------------------------------------------------------------
FY 2017 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 3,644,161 3,644,161
Total, Military Personnel 3,644,161 3,644,161
Appropriations.....................
------------------------------------------------------------------------
SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR
BASE REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR
BASE REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 62,965 1,350,465
Fund Active Army End Strength to 476k. [719,000]
Fund Army National Guard End Strength [129,600]
to 343k..............................
Fund Army Reserves End Strength to [53,300]
199k.................................
Fund Active Navy End Strength to [29,600]
323.9k...............................
Fund Active Air Force End Strength to [116,000]
321k.................................
Fund Active Marine Corps End Strength [240,000]
to 185k..............................
Total, Military Personnel........... 62,965 1,350,465
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Program Title Request 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 63,967 63,967
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
SUPPLY CHAIN MANAGEMENT--DEF.......... 37,132 37,132
TOTAL WORKING CAPITAL FUND, DEFENSE- 37,132 37,132
WIDE...............................
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 551,023 551,023
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG 730,087 605,087
ACTIVITIES, DEFENSE..................
Transfer to Defense Security [-125,000]
Cooperation Agency...............
DRUG DEMAND REDUCTION PROGRAM......... 114,713 114,713
TOTAL DRUG INTERDICTION & CTR-DRUG 844,800 719,800
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OPERATION AND MAINTENANCE............. 318,882 318,882
RDT&E................................. 3,153 3,153
TOTAL OFFICE OF THE INSPECTOR 322,035 322,035
GENERAL............................
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
IN-HOUSE CARE......................... 9,240,160 9,240,160
PRIVATE SECTOR CARE................... 15,738,759 15,738,759
CONSOLIDATED HEALTH SUPPORT........... 2,367,759 2,367,759
INFORMATION MANAGEMENT................ 1,743,749 1,743,749
MANAGEMENT ACTIVITIES................. 311,380 311,380
EDUCATION AND TRAINING................ 743,231 743,231
BASE OPERATIONS/COMMUNICATIONS........ 2,086,352 2,086,352
SUBTOTAL OPERATION & MAINTENANCE... 32,231,390 32,231,390
RDT&E
RESEARCH.............................. 9,097 9,097
EXPLORATRY DEVELOPMENT................ 58,517 58,517
ADVANCED DEVELOPMENT.................. 221,226 221,226
DEMONSTRATION/VALIDATION.............. 96,602 96,602
ENGINEERING DEVELOPMENT............... 364,057 364,057
MANAGEMENT AND SUPPORT................ 58,410 58,410
CAPABILITIES ENHANCEMENT.............. 14,998 14,998
SUBTOTAL RDT&E..................... 822,907 822,907
PROCUREMENT
INITIAL OUTFITTING.................... 20,611 20,611
REPLACEMENT & MODERNIZATION........... 360,727 360,727
JOINT OPERATIONAL MEDICINE INFORMATION 2,413 2,413
SYSTEM...............................
DOD HEALTHCARE MANAGEMENT SYSTEM 29,468 29,468
MODERNIZATION........................
SUBTOTAL PROCUREMENT............... 413,219 413,219
UNDISTRIBUTED
Historical unobligated balances.. [-399,100]
Reduction for unjustified travel [-6,500]
expenses.........................
Reimbursement rates for [32,000]
Comprehensive Autism Care
Demonstration program............
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)
-------------------------------------------------------------------------
FY 2017 Conference
Program Title Request 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- 93,800 93,800
WIDE...............................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG 191,533 191,533
ACTIVITIES, DEFENSE..................
TOTAL DRUG INTERDICTION & CTR-DRUG 191,533 191,533
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OPERATION AND MAINTENANCE............. 22,062 22,062
TOTAL OFFICE OF THE INSPECTOR 22,062 22,062
GENERAL............................
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 1,000,000 0
FUND...............................
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)
-------------------------------------------------------------------------
FY 2017 Conference
Program Title Request Authorized
------------------------------------------------------------------------
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG 23,800 23,800
ACTIVITIES, DEFENSE..................
TOTAL DRUG INTERDICTION & CTR-DRUG 23,800 23,800
ACTIVITIES, DEF....................
TOTAL OTHER AUTHORIZATIONS......... 23,800 23,800
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2017 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
Alaska
Army Fort Wainwright Unmanned Aerial Vehicle 47,000 47,000
Hangar.
California
Army Concord Access Control Point....... 12,600 12,600
Colorado
Army Fort Carson Automated Infantry Platoon 8,100 8,100
Battle Course.
Army Fort Carson Unmanned Aerial Vehicle 5,000 5,000
Hangar.
Cuba
Army Guantanamo Bay Guantanamo Bay Naval 33,000 33,000
Station Migration Complex.
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 90,000 90,000
Facility.
Army Fort Stewart Automated Qualification/ 14,800 14,800
Training Range.
Germany
Army East Camp Grafenwoehr Training Support Center.... 22,000 22,000
Army Garmisch Dining Facility............ 9,600 9,600
Army Wiesbaden Army Controlled Humidity 16,500 16,500
Airfield Warehouse.
Army Wiesbaden Army Hazardous Material Storage 2,700 2,700
Airfield Building.
Hawaii
Army Fort Shafter Command and Control 40,000 40,000
Facility, Incr 2.
Missouri
Army Fort Leonard Wood Fire Station............... 0 6,900
Texas
Army Fort Hood Automated Infantry Platoon 7,600 7,600
Battle Course.
Utah
Army Camp Williams Live Fire Exercise 7,400 7,400
Shoothouse.
Virginia
Army Fort Belvoir Secure Admin/Operations 64,000 64,000
Facility, Incr 2.
Army Fort Belvoir Vehicle Maintenance Shop... 0 23,000
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support FY17... 18,000 18,000
Locations
Army Unspecified Worldwide Minor Construction FY17.... 25,000 35,000
Locations
Army Unspecified Worldwide Planning and Design FY17... 80,159 80,159
Locations
........................
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 13,044 13,044
Control Point.
Navy Coronado Coastal Campus Utilities 81,104 81,104
Infrastructure.
Navy Coronado Grace Hopper Data Center 10,353 10,353
Power Upgrades.
Navy Lemoore F-35C Engine Repair 26,723 26,723
Facility.
Navy Miramar Aircraft Maintenance 0 79,399
Hangar, Incr 1.
Navy Miramar Communications Complex & 0 34,700
Infrastructure Upgrade.
Navy Miramar F-35 Aircraft Parking Apron 0 40,000
Navy San Diego Energy Security Hospital 6,183 0
Microgrid.
Navy Seal Beach Missile Magazines.......... 21,007 21,007
Florida
Navy Eglin AFB WMD Field Training 20,489 20,489
Facilities.
Navy Mayport NS Advanced Wastewater 0 0
Treatment Plant.
Navy Pensacola A-School Dormitory......... 0 0
Guam
Navy Joint Region Marianas Hardening of Guam POL 26,975 26,975
Infrastructure.
Navy Joint Region Marianas Power Upgrade--Harmon...... 62,210 62,210
Hawaii
Navy Barking Sands Upgrade Power Plant & 43,384 43,384
Electrical Distrib Sys.
Navy Kaneohe Bay Regimental Consolidated 72,565 72,565
Comm/Elec Facility.
Japan
Navy Kadena AB Aircraft Maintenance 26,489 26,489
Complex.
Navy Sasebo Shore Power (Juliet Pier).. 16,420 16,420
Maine
Navy Kittery Unaccompanied Housing...... 17,773 17,773
Navy Kittery Utility Improvements for 30,119 30,119
Nuclear Platforms.
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 18,482 18,482
Improvements.
Navy Cherry Point Central Heating Plant 12,515 12,515
Conversion.
South Carolina
Navy Beaufort Aircraft Maintenance Hangar 83,490 83,490
Navy Parris Island Recruit Reconditioning 29,882 29,882
Center & Barracks.
Spain
Navy Rota Communication Station...... 23,607 23,607
Virginia
Navy Norfolk Chambers Field Magazine 0 27,000
Recap Ph I.
Washington
Navy Bangor SEAWOLF Class Service Pier. 0 73,000
Navy Bangor Service Pier Electrical 18,939 18,939
Upgrades.
Navy Bangor Submarine Refit Maint 21,476 21,476
Support Facility.
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 30,475 30,475
Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design........ 88,230 88,230
Locations
Navy Unspecified Worldwide Unspecified Minor 29,790 29,790
Locations Construction.
Navy Various Worldwide Triton Forward Operating 41,380 41,380
Locations Base Hangar.
........................
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 22,100 22,100
Detachment Fac.
AF Eielson AFB F-35A Aircraft Weather 82,300 82,300
Shelter (Sqd 2).
AF Eielson AFB F-35A Aircraft Weather 79,500 79,500
Shelters (Sqd 1).
AF Eielson AFB F-35A Earth Covered 11,300 11,300
Magazines.
AF Eielson AFB F-35A Hangar/Propulsion MX/ 44,900 44,900
Dispatch.
AF Eielson AFB F-35A Hangar/Squad Ops/AMU 42,700 42,700
Sq #2.
AF Eielson AFB F-35A Missile Maintenance 12,800 12,800
Facility.
AF Joint Base Elmendorf- Add/Alter AWACS Alert 29,000 29,000
Richardson Hangar.
Arizona
AF Luke AFB F-35A Squad Ops/Aircraft 20,000 20,000
Maint Unit #5.
Australia
AF Darwin APR--Aircraft MX Support 1,800 1,800
Facility.
AF Darwin APR--Expand Parking Apron.. 28,600 28,600
California
AF Edwards AFB Flightline Fire Station.... 24,000 24,000
Colorado
AF Buckley AFB Small Arms Range Complex... 13,500 13,500
Delaware
AF Dover AFB Aircraft Maintenance Hangar 39,000 39,000
Florida
AF Eglin AFB Advanced Munitions 75,000 75,000
Technology Complex.
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 30,900 30,900
Hangar/Helo MX Unit.
Germany
AF Ramstein AB 37 AS Squadron Operations/ 13,437 13,437
Aircraft Maint Unit.
AF Spangdahlem AB EIC--Site Development and 43,465 43,465
Infrastructure.
Guam
AF Joint Region Marianas APR--Munitions Storage 35,300 35,300
Igloos, Ph 2.
AF Joint Region Marianas APR--SATCOM C4I Facility... 14,200 14,200
AF Joint Region Marianas Block 40 Maintenance Hangar 31,158 31,158
Illinois
AF Scott AFB Consolidated Corrosion 0 41,000
Facility add/alter.
Japan
AF Kadena AB APR--Replace Munitions 19,815 19,815
Structures.
AF Yokota AB C-130J Corrosion Control 23,777 23,777
Hangar.
AF Yokota AB Construct Combat Arms 8,243 8,243
Training & Maint Fac.
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 3,000 3,000
Simulator Bldgs.
Louisiana
AF Barksdale AFB Consolidated Communication 21,000 21,000
Facility.
Mariana Islands
AF Unspecified Location APR--Land Acquisition...... 9,000 9,000
Maryland
AF Joint Base Andrews 21 Points Enclosed Firing 13,000 13,000
Range.
AF Joint Base Andrews Consolidated Communications 0 50,000
Center.
AF Joint Base Andrews PAR Relocate JADOC 3,500 3,500
Satellite Site.
Massachusetts
AF Hanscom AFB Construct Vandenberg Gate 0 10,965
Complex.
AF Hanscom AFB System Management 20,000 20,000
Engineering Facility.
Montana
AF Malmstrom AFB Missile Maintenance 14,600 14,600
Facility.
Nevada
AF Nellis AFB F-35A POL Fill Stand 10,600 10,600
Addition.
New Mexico
AF Cannon AFB North Fitness Center....... 21,000 21,000
AF Holloman AFB Hazardous Cargo Pad and 10,600 10,600
Taxiway.
AF Kirtland AFB Combat Rescue Helicopter 7,300 7,300
Simulator.
Ohio
AF Wright-Patterson AFB Relocated Entry Control 12,600 12,600
Facility 26A.
Oklahoma
AF Altus AFB KC-46A FTU/FTC Simulator 11,600 11,600
Facility Ph 2.
AF Tinker AFB E-3G Mission and Flight 0 26,000
Simulator Training
Facility.
AF Tinker AFB KC-46A Depot System 17,000 17,000
Integration Laboratory.
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 13,449 13,449
Station.
United Arab Emirates
AF Al Dhafra Large Aircraft Maintenance 35,400 35,400
Hangar.
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 6,600 6,600
Magazines.
AF Hill AFB 649 MUNS Precision Guided 8,700 8,700
Missile MX Facility.
AF Hill AFB 649 MUNS STAMP/Maint & 12,000 12,000
Inspection Facility.
AF Hill AFB Composite Aircraft Antenna 7,100 7,100
Calibration Fac.
AF Hill AFB F-35A Munitions Maintenance 10,100 10,100
Complex.
Virginia
AF Joint Base Langley- Air Force Targeting Center. 45,000 45,000
Eustis
AF Joint Base Langley- Fuel System Maintenance 14,200 14,200
Eustis Dock.
Washington
AF Fairchild AFB Pipeline Dorm, USAF SERE 27,000 27,000
School (150 RM).
Worldwide Unspecified
AF Various Worldwide Planning & Design.......... 143,582 143,582
Locations
AF Various Worldwide Unspecified Minor Military 30,000 40,000
Locations Construction.
Wyoming
AF F. E. Warren AFB Missile Transfer Facility 5,550 5,550
Bldg 4331.
........................
Military Construction, Air Force Total 1,481,058 1,686,523
......................
Alaska
Def-Wide Clear AFS Long Range Discrim Radar 155,000 155,000
Sys Complex Ph 1.
Def-Wide Fort Greely Missile Defense Complex 9,560 9,560
Switchgear Facility.
Def-Wide Joint Base Elmendorf- Construct Truck Offload 4,900 4,900
Richardson Facility.
Arizona
Def-Wide Fort Huachuca JITC Building 52110 4,493 4,493
Renovation.
California
Def-Wide Coronado SOF Human Performance 15,578 15,578
Training Center.
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 20,949 20,949
Operations Fac.
Def-Wide Coronado SOF Training Detachment ONE 44,305 44,305
Ops Facility.
Def-Wide Travis AFB Replace Hydrant Fuel System 26,500 26,500
Delaware
Def-Wide Dover AFB Welch ES/Dover MS 44,115 44,115
Replacement.
Diego Garcia
Def-Wide Diego Garcia Improve Wharf Refueling 30,000 30,000
Capability.
Florida
Def-Wide Patrick AFB Replace Fuel Tanks......... 10,100 10,100
Georgia
Def-Wide Fort Benning SOF Tactical Unmanned 4,820 4,820
Aerial Vehicle Hangar.
Def-Wide Fort Gordon Medical Clinic Replacement. 25,000 25,000
Germany
Def-Wide Kaiserlautern AB Sembach Elementary/Middle 45,221 45,221
School Replacement.
Def-Wide Rhine Ordnance Medical Center Replacement 58,063 58,063
Barracks Incr 6.
Japan
Def-Wide Iwakuni Construct Truck Offload & 6,664 6,664
Loading Facilities.
Def-Wide Kadena AB Kadena Elementary School 84,918 84,918
Replacement.
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- 12,602 12,602
130).
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 26,710 26,710
Facilities.
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 27,100 27,100
Replacement.
Maryland
Def-Wide Bethesda Naval MEDCEN Addition/Alteration 50,000 50,000
Hospital Incr 1.
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 195,000 195,000
#2 Incr 2.
Missouri
Def-Wide St. Louis Land Acquisition--Next NGA 801 801
West Campus.
North Carolina
Def-Wide Camp Lejeune Dental Clinic Replacement.. 31,000 31,000
Def-Wide Fort Bragg SOF Combat Medic Training 10,905 10,905
Facility.
Def-Wide Fort Bragg SOF Parachute Rigging 21,420 21,420
Facility.
Def-Wide Fort Bragg SOF Special Tactics 30,670 30,670
Facility (Ph 3).
Def-Wide Fort Bragg SOF Tactical Equipment 23,598 23,598
Maintenance Facility.
South Carolina
Def-Wide Joint Base Charleston Construct Hydrant Fuel 17,000 17,000
System.
Texas
Def-Wide Red River Army Depot Construct Warehouse & Open 44,700 44,700
Storage.
Def-Wide Sheppard AFB Medical/Dental Clinic 91,910 91,910
Replacement.
United Kingdom
Def-Wide RAF Croughton Croughton Elem/Middle/High 71,424 71,424
School Replacement.
Def-Wide RAF Lakenheath Construct Hydrant Fuel 13,500 13,500
System.
Virginia
Def-Wide Pentagon Pentagon Metro Entrance 12,111 12,111
Facility.
Def-Wide Pentagon Upgrade IT Facilities 8,105 8,105
Infrastructure--RRMC.
Wake Island
Def-Wide Wake Island Test Support Facility...... 11,670 11,670
Worldwide Unspecified
Def-Wide Unspecified Worldwide Battalion Complex.......... 0 0
Locations
Def-Wide Unspecified Worldwide Contingency Construction... 10,000 0
Locations
Def-Wide Unspecified Worldwide Energy Conservation 10,000 0
Locations Investment Program Design.
Def-Wide Unspecified Worldwide Energy Conservation 150,000 150,000
Locations Investment Program.
Def-Wide Unspecified Worldwide Exercise Related Minor 8,631 8,631
Locations Construction.
Def-Wide Unspecified Worldwide Planning and Design, 13,450 23,450
Locations Defense Wide.
Def-Wide Unspecified Worldwide Planning and Design, DODEA. 23,585 23,585
Locations
Def-Wide Unspecified Worldwide Planning and Design, NGA... 71,647 36,000
Locations
Def-Wide Unspecified Worldwide Planning and Design, NSA... 24,000 24,000
Locations
Def-Wide Unspecified Worldwide Planning and Design, WHS... 3,427 3,427
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 5,994 5,994
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 8,500 8,500
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor Milcon... 3,913 3,913
Locations
Def-Wide Unspecified Worldwide Worldwide Unspecified Minor 2,414 2,414
Locations Construction.
Def-Wide Various Worldwide Planning & Design, DLA..... 27,660 27,660
Locations
Def-Wide Various Worldwide Planning and Design, SOCOM. 27,653 27,653
Locations
Worldwide Unspecified
Locations
Def-Wide Unspecified Worldwide Planning & Design, MDA..... 0 15,000
Locations
........................
Military Construction, Defense-Wide Total 2,056,091 2,025,444
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 177,932 177,932
Investment Program Program.
........................
NATO Security Investment Program Total 177,932 177,932
......................
Colorado
Army NG Fort Carson National Guard Readiness 0 16,500
Center.
Hawaii
Army NG Hilo Combined Support 31,000 31,000
Maintenance Shop.
Iowa
Army NG Davenport National Guard Readiness 23,000 23,000
Center.
Kansas
Army NG Fort Leavenworth National Guard Readiness 29,000 29,000
Center.
New Hampshire
Army NG Hooksett National Guard Vehicle 11,000 11,000
Maintenance Shop.
Army NG Rochester National Guard Vehicle 8,900 8,900
Maintenance Shop.
Oklahoma
Army NG Ardmore National Guard Readiness 22,000 22,000
Center.
Pennsylvania
Army NG Fort Indiantown Gap Access Control Buildings... 0 20,000
Army NG York National Guard Readiness 9,300 9,300
Center.
Rhode Island
Army NG East Greenwich National Guard/Reserve 20,000 20,000
Center Building (JFHQ).
Utah
Army NG Camp Williams National Guard Readiness 37,000 37,000
Center.
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design........ 8,729 8,729
Locations
Army NG Unspecified Worldwide Unspecified Minor 12,001 12,001
Locations Construction.
Wyoming
Army NG Camp Guernsey General Instruction 0 31,000
Building.
Army NG Laramie National Guard Readiness 21,000 21,000
Center.
........................
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 0 0
Site.
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 6,000 6,000
Shop/AMSA.
Washington
Army Res Joint Base Lewis- Army Reserve Center........ 0 0
McChord
Wisconsin
Army Res Fort McCoy AT/MOB Dining Facility..... 11,400 11,400
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design........ 7,500 7,500
Locations
Army Res Unspecified Worldwide Unspecified Minor 2,830 2,830
Locations Construction.
........................
Military Construction, Army Reserve Total 68,230 98,230
......................
Louisiana
N/MC Res New Orleans Joint Reserve Intelligence 11,207 11,207
Center.
New York
N/MC Res Brooklyn Electric Feeder Ductbank... 1,964 1,964
N/MC Res Syracuse Marine Corps Reserve Center 13,229 13,229
Texas
N/MC Res Galveston Reserve Center Annex....... 8,414 8,414
Worldwide Unspecified
N/MC Res Unspecified Worldwide MCNR Planning & Design..... 3,783 3,783
Locations
........................
Military Construction, Naval Reserve Total 38,597 38,597
......................
Connecticut
Air NG Bradley IAP Construct Small Air 6,300 6,300
Terminal.
Florida
Air NG Jacksonville IAP Replace Fire Crash/Rescue 9,000 9,000
Station.
Hawaii
Air NG Joint Base Pearl F-22 Composite Repair 11,000 11,000
Harbor-Hickam Facility.
Iowa
Air NG Sioux Gateway Airport Construct Consolidated 12,600 12,600
Support Functions.
Maryland
Air NG Joint Base Andrews Munitions Load Crew Trng/ 0 5,000
Corrosion Cntrl Facility.
Minnesota
Air NG Duluth IAP Load Crew Training/Weapon 7,600 7,600
Shops.
New Hampshire
Air NG Pease International KC-46A Install Fuselage 1,500 1,500
Trade Port Trainer Bldg 251.
North Carolina
Air NG Charlotte/Douglas IAP C-17 Corrosion Control/Fuel 29,600 29,600
Cell Hangar.
Air NG Charlotte/Douglas IAP C-17 Type III Hydrant 21,000 21,000
Refueling System.
Ohio
Air NG Toledo Express Airport Indoor Small Arms Range.... 0 6,000
South Carolina
Air NG McEntire ANGS Replace Operations and 8,400 8,400
Training Facility.
Texas
Air NG Ellington Field Consolidate Crew Readiness 4,500 4,500
Facility.
Vermont
Air NG Burlington IAP F-35 Beddown 4-Bay Flight 4,500 4,500
Simulator.
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 17,495 17,495
Locations Construction.
Air NG Various Worldwide Planning and Design........ 10,462 10,462
Locations
........................
Military Construction, Air National Guard Total 143,957 154,957
......................
Guam
AF Res Andersen AFB Reserve Medical Training 0 0
Facility.
Massachusetts
AF Res Westover ARB Indoor Small Arms Range.... 0 0
North Carolina
AF Res Seymour Johnson AFB KC-46A ADAL Bldg for AGE/ 5,700 5,700
Fuselage Training.
AF Res Seymour Johnson AFB KC-46A ADAL Squadron 2,250 2,250
Operations Facilities.
AF Res Seymour Johnson AFB KC-46A Two Bay Corrosion/ 90,000 90,000
Fuel Cell Hangar.
Pennsylvania
AF Res Pittsburgh IAP C-17 ADAL Fuel Hydrant 22,800 22,800
System.
AF Res Pittsburgh IAP C-17 Const/OverlayTaxiway 8,200 8,200
and Apron.
AF Res Pittsburgh IAP C-17 Construct Two Bay 54,000 54,000
Corrosion/Fuel Hangar.
Utah
AF Res Hill AFB ADAL Life Support Facility. 0 0
Worldwide Unspecified
AF Res Unspecified Worldwide Planning & Design.......... 4,500 4,500
Locations
AF Res Unspecified Worldwide Unspecified Minor 1,500 1,500
Locations Construction.
........................
Military Construction, Air Force Reserve Total 188,950 188,950
......................
Korea
FH Con Army Camp Humphreys Family Housing New 143,563 100,000
Construction, Incr 1.
FH Con Army Camp Walker Family Housing New 54,554 54,554
Construction.
Worldwide Unspecified
FH Con Army Unspecified Worldwide Planning & Design.......... 2,618 2,618
Locations
........................
Family Housing Construction, Army Total 200,735 157,172
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings................ 10,178 10,178
Locations
FH Ops Army Unspecified Worldwide Housing Privatization 19,146 19,146
Locations Support.
FH Ops Army Unspecified Worldwide Leasing.................... 131,761 131,761
Locations
FH Ops Army Unspecified Worldwide Maintenance................ 60,745 60,745
Locations
FH Ops Army Unspecified Worldwide Management................. 40,344 40,344
Locations
FH Ops Army Unspecified Worldwide Miscellaneous.............. 400 400
Locations
FH Ops Army Unspecified Worldwide Services................... 7,993 7,993
Locations
FH Ops Army Unspecified Worldwide Utilities.................. 55,428 55,428
Locations
........................
Family Housing Operation And Maintenance, Army Total 325,995 325,995
......................
Mariana Islands
FH Con Navy Guam Replace Andersen Housing Ph 78,815 78,815
I.
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Construction Improvements.. 11,047 11,047
Locations
FH Con Navy Unspecified Worldwide Planning & Design.......... 4,149 4,149
Locations
........................
Family Housing Construction, Navy And Marine Corps Total 94,011 94,011
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings................ 17,457 17,457
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 26,320 26,320
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing.................... 54,689 54,689
Locations
FH Ops Navy Unspecified Worldwide Maintenance................ 81,254 81,254
Locations
FH Ops Navy Unspecified Worldwide Management................. 51,291 51,291
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous.............. 364 364
Locations
FH Ops Navy Unspecified Worldwide Services................... 12,855 12,855
Locations
FH Ops Navy Unspecified Worldwide Utilities.................. 56,685 56,685
Locations
........................
Family Housing Operation And Maintenance, Navy And Marine Corps Total 300,915 300,915
......................
Worldwide Unspecified
FH Con AF Unspecified Worldwide Construction Improvements.. 56,984 56,984
Locations
FH Con AF Unspecified Worldwide Planning & Design.......... 4,368 4,368
Locations
........................
Family Housing Construction, Air Force Total 61,352 61,352
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings................ 31,690 31,690
Locations
FH Ops AF Unspecified Worldwide Housing Privatization 41,809 41,809
Locations Support.
FH Ops AF Unspecified Worldwide Leasing.................... 20,530 20,530
Locations
FH Ops AF Unspecified Worldwide Maintenance................ 85,469 85,469
Locations
FH Ops AF Unspecified Worldwide Management................. 42,919 42,919
Locations
FH Ops AF Unspecified Worldwide Miscellaneous.............. 1,745 1,745
Locations
FH Ops AF Unspecified Worldwide Services................... 13,026 13,026
Locations
FH Ops AF Unspecified Worldwide Utilities.................. 37,241 37,241
Locations
........................
Family Housing Operation And Maintenance, Air Force Total 274,429 274,429
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings................ 20 20
Locations
FH Ops DW Unspecified Worldwide Furnishings................ 500 500
Locations
FH Ops DW Unspecified Worldwide Furnishings................ 399 399
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 40,984 40,984
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 11,044 11,044
Locations
FH Ops DW Unspecified Worldwide Maintenance................ 349 349
Locations
FH Ops DW Unspecified Worldwide Maintenance................ 800 800
Locations
FH Ops DW Unspecified Worldwide Management................. 388 388
Locations
FH Ops DW Unspecified Worldwide Services................... 32 32
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 4,100 4,100
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 174 174
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 367 367
Locations
........................
Family Housing Operation And Maintenance, Defense-Wide Total 59,157 59,157
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Program Expenses........... 3,258 3,258
Locations
........................
DoD Family Housing Improvement Fund Total 3,258 3,258
......................
Worldwide Unspecified
BRAC Base Realignment & Base Realignment and 14,499 24,499
Closure, Army Closure.
........................
Base Realignment and Closure--Army Total 14,499 24,499
......................
Worldwide Unspecified
BRAC Base Realignment & Base Realignment & Closure. 110,606 135,606
Closure, Navy
BRAC Unspecified Worldwide DON-100: Planning, Design 4,604 4,604
Locations and Management.
BRAC Unspecified Worldwide DON-101: Various Locations. 10,461 10,461
Locations
BRAC Unspecified Worldwide DON-138: NAS Brunswick, ME. 557 557
Locations
BRAC Unspecified Worldwide DON-157: MCSA Kansas City, 100 100
Locations MO.
BRAC Unspecified Worldwide DON-172: NWS Seal Beach, 4,648 4,648
Locations Concord, CA.
BRAC Unspecified Worldwide DON-84: JRB Willow Grove & 3,397 3,397
Locations Cambria Reg AP.
........................
Base Realignment and Closure--Navy Total 134,373 159,373
......................
Worldwide Unspecified
BRAC Unspecified Worldwide DoD BRAC Activities--Air 56,365 56,365
Locations Force.
........................
Base Realignment and Closure--Air Force Total 56,365 56,365
......................
Worldwide Unspecified
PYS Unspecified Worldwide Planning and Design, 0 -30,000
Locations Defense Wide.
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 Unspecified
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)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2017 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified
Army Unspecified Worldwide ERI: Planning and Design.... 18,900 18,900
Locations
.........................
Military Construction, Army Total 18,900 18,900
.......................
Iceland
Navy Keflavik ERI: P-8A Aircraft Rinse 5,000 5,000
Rack.
Navy Keflavik ERI: P-8A Hangar Upgrade.... 14,600 14,600
Worldwide Unspecified
Navy Unspecified Worldwide ERI: Planning and Design.... 1,800 1,800
Locations
.........................
Military Construction, Navy Total 21,400 21,400
.......................
Bulgaria
AF Graf Ignatievo ERI: Construct Sq Ops/ 3,800 3,800
Operational Alert Fac.
AF Graf Ignatievo ERI: Fighter Ramp Extension. 7,000 7,000
AF Graf Ignatievo ERI: Upgrade Munitions 2,600 2,600
Storage Area.
Djibouti
AF Chabelley Airfield OCO: Construct Chabelley 3,600 3,600
Access Road.
AF Chabelley Airfield OCO: Construct Parking Apron 6,900 6,900
and Taxiway.
Estonia
AF Amari AB ERI: Construct Bulk Fuel 6,500 6,500
Storage.
Germany
AF Spangdahlem AB ERI: Construct High Cap Trim 1,000 1,000
Pad & Hush House.
AF Spangdahlem AB ERI: F/A-22 Low Observable/ 12,000 12,000
Comp Repair Fac.
AF Spangdahlem AB ERI: F/A-22 Upgrade 1,600 1,600
Infrastructure/Comm/Util.
AF Spangdahlem AB ERI: Upgrade Hardened 2,700 2,700
Aircraft Shelters.
AF Spangdahlem AB ERI: Upgrade Munitions 1,400 1,400
Storage Doors.
Lithuania
AF Siauliai ERI: Munitions Storage...... 3,000 3,000
Poland
AF Lask AB ERI: Construct Squadron 4,100 4,100
Operations Facility.
AF Powidz AB ERI: Construct Squadron 4,100 4,100
Operations Facility.
Romania
AF Campia Turzii ERI: Construct Munitions 3,000 3,000
Storage Area.
AF Campia Turzii ERI: Construct Squadron 3,400 3,400
Operations Facility.
AF Campia Turzii ERI: Construct Two-Bay 6,100 6,100
Hangar.
AF Campia Turzii ERI: Extend Parking Aprons.. 6,000 6,000
Worldwide Unspecified
AF Unspecified Worldwide CTP: Planning and Design.... 9,000 8,551
Locations
AF Unspecified Worldwide OCO: Planning and Design.... 940 940
Locations
.........................
Military Construction, Air Force Total 88,740 88,291
.......................
Worldwide Unspecified
Def-Wide Unspecified Worldwide ERI: Unspecified Minor 5,000 5,000
Locations Construction.
.........................
Military Construction, Defense-Wide Total 5,000 5,000
.......................
Total, Military Construction 134,040 133,591
----------------------------------------------------------------------------------------------------------------
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)
-----------------------------------------------------------------------------------------------------------------
FY 2017 Conference
Service State/Country and Installation Project Request Authorized
----------------------------------------------------------------------------------------------------------------
Djibouti
Navy Camp Lemonier OCO: Medical/Dental 37,409 37,409
Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Locations Planning and Design....... 1,000 1,000
.................................
Military Construction, Navy Total 38,409 38,409
...............................
Total, Military Construction 38,409 38,409
----------------------------------------------------------------------------------------------------------------
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)
-------------------------------------------------------------------------
FY 2017 Conference
Program Request 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 12,884,000 13,129,082
administration.....................
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 6,173,602 6,063,110
activities.........................
Total, Atomic Energy Defense 19,057,602 19,192,192
Activities...........................
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 [-15,260]
repository...........................
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
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 [-12,984]
acceleration.....................
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 251,978 251,978
production.........................
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 16,958 16,958
assessment technology..............
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 68,696 68,696
experimental support...............
Pulsed power inertial confinement 5,616 5,616
fusion.............................
Joint program in high energy density 9,492 9,492
laboratory plasmas.................
Facility operations and target 340,360 340,360
production.........................
Total, Inertial confinement fusion and 522,959 522,959
high yield...........................
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 70,500 70,500
Laboratory.......................
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 [30,000]
maintenance........................
Recapitalization:
Infrastructure and safety........... 554,643 630,509
Address high-priority deferred [75,866]
maintenance......................
Capability based investment......... 112,639 112,639
Total, Recapitalization............... 667,282 743,148
Construction:
17-D-640 U1a Complex Enhancements 11,500 11,500
Project, NNSS......................
17-D-630 Electrical Infrastructure 25,000 25,000
Upgrades, LLNL.....................
16-D-515 Albuquerque complex 15,047 15,047
upgrades project...................
15-D-613 Emergency Operations 2,000 2,000
Center, Y-12.......................
15-D-302 TA-55 Reinvestment project, 21,455 21,455
Phase 3, LANL......................
07-D-220-04 Transuranic liquid waste 17,053 17,053
facility, LANL.....................
06-D-141 PED/Construction, UPF Y-12, 575,000 575,000
Oak Ridge, TN......................
04-D-125-04 RLUOB equipment 159,615 159,615
installation.......................
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
Defense nuclear security
Operations and maintenance............ 657,133 693,133
Support to physical security [36,000]
infrastructure recapitalization and
CSTART.............................
Construction:
14-D-710 Device assembly facility 13,000 13,000
argus installation project, NV.....
17-D-710 West end protected area 0 24,000
reduction project, Y-12............
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 [4,000]
detection experiments............
Nuclear detection technology and [20,000]
new challenges such as 3D
printing.........................
Low Enriched Uranium R&D for Naval 0 5,000
Reactors...........................
Low Enriched Uranium R&D for Naval [5,000]
Reactors.........................
Nonproliferation Construction:
99-D-143 Mixed Oxide (MOX) Fuel 270,000 340,000
Fabrication Facility, SRS........
Increase to support construction [70,000]
Total, Nonproliferation construction 270,000 340,000
Total, Defense Nuclear 1,466,827 1,545,827
Nonproliferation Programs............
Legacy contractor pensions.............. 83,208 83,208
Nuclear counterterrorism and incident 271,881 271,881
response program.......................
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 449,682 447,182
infrastructure.........................
Naval reactors development.............. 437,338 437,338
Ohio replacement reactor systems 213,700 213,700
development............................
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 700 700
Expansion 3..........................
15-D-902 KS Engineroom team trainer 33,300 33,300
facility.............................
14-D-901 Spent fuel handling 100,000 100,000
recapitalization project, NRF........
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
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 69,755 114,755
operations...........................
Acceleration of priority programs... [45,000]
Central plateau remediation........... 620,869 644,369
Acceleration of priority programs... [23,500]
Richland community and regulatory 14,701 14,701
support..............................
Construction:
15-D-401 Containerized sludge 11,486 11,486
removal annex, RL..................
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 5,100 5,100
Treatment Facility...............
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 4,400 4,400
regulatory support...................
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 73,000 73,000
pretreatment system, ORP...........
01-D-416 A-D/ORP-0060 / Major 690,000 690,000
construction.......................
Total, Waste treatment and 766,000 766,000
immobilization plant.................
Tank farm activities
Rad liquid tank waste stabilization 721,456 721,456
and disposition....................
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 645,332 645,332
stabilization and disposition......
Construction:
15-D-402--Saltstone Disposal Unit 7,577 7,577
#6, SRS..........................
17-D-401--Saltstone Disposal Unit 9,729 9,729
#7...............................
05-D-405 Salt waste processing 160,000 160,000
facility, Savannah River Site....
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 2,532 2,532
confinement ventilation system,
WIPP...............................
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 130,693 128,693
security.............................
Program direction..................... 66,519 66,519
Total, Environment, health, safety and 197,212 195,212
security...............................
Independent enterprise assessments
Independent enterprise assessments.... 24,580 24,580
Program direction..................... 51,893 51,893
Total, Independent enterprise 76,473 76,473
assessments............................
Specialized security activities......... 237,912 237,912
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 3,000 3,000
assessments..........................
Total, Defense related administrative 119,716 116,716
support................................
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)--
``(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 MAGISTRATES.
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).''.
(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:
``Sec. 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
circumstances 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 PRISONERS 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:
``Sec. 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:
``Sec. 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 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
consists 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 follows through the end; and
(3) by adding after subsection (a), as designated
by paragraph (1), the following new subsections:
``(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 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)).
``(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 AUTHORIZED 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 MATTERS.
(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 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 subsection (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:
``Sec. 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.''.
SEC. 5184. DETAILING, QUALIFICATIONS, AND OTHER MATTERS RELATING TO
MILITARY JUDGES.
(a) Detail to Special Courts-martial.--Subsection (a) of
section 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 temperament, 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
subsection (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):
``Sec. 826a. Art. 26a. Military magistrates
``(a) Qualifications.--A military magistrate shall be a
commissioned 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 general 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 Secretary 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:
``Sec. 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;
``(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 members 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
subsection (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 military 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
subsection (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 presence 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 presence 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.
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:
``Sec. 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
investigated, 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
specifications are preferred under subsection (a), the proper
authority shall, as soon as practicable--
``(1) inform the person accused of the charges and
specifications; and
``(2) determine what disposition should be made of
the charges and specifications in the interest of
justice and discipline.''.
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):
``Sec. 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 communications.
``(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 appropriate.
``(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.
``(b) Detail of Military Judge.--The Secretary concerned
shall prescribe regulations providing for the manner in which
military 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:
``Sec. 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
preliminary 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
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 determinations 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
admissibility 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 relevant 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
sentence: ``A defect in a report under subsection (c) is not a
basis for relief if the report is in substantial compliance
with that subsection.''.
(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:
``Sec. 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 commanders, 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 principles
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 evenhanded 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:
``Sec. 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
specification 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
disposition.--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
Consultation 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.
``(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 specifications 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:
``Sec. 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 evidence.
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
responsibility.
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.
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.--
Subsection (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.
``(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
subsection (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 otherwise preclude prosecution of the offense shall
preclude such prosecution 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 battery, 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
Consistency.--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
Insufficient Charges.--'' after ``(g)''.
(f) Application.--The amendments made by subsections (a),
(b), (c), and (d) shall apply to the prosecution of any offense
committed before, on, or after the date of the enactment of
this subsection 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);
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
Consistency.--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 Government, 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 subpoena
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 prescribed by the President; and
``(3) shall run to any part of the United States
and to the Commonwealths and possessions of the United
States.''.
(3) Subpoena and other process for witnesses.--
Subsection (c) of such section (article) is amended to
read as follows:
``(c) Subpoena and Other Process for Witnesses.--A subpoena
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
communications.--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:
``Sec. 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--
(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
subparagraph:
``(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:
``Sec. 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--
``(A) uses any menacing word, sign, or gesture in
the presence 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 provost 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 subsection (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 accordance 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:
``Sec. 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:
``Sec. 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
circumstances, it is in the interest of justice that the
testimony of a prospective witness be preserved for use at a
court-martial, military 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:
``(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
parties 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 deposition 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
presented 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 proceedings 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:
``Sec. 850. Art. 50. Admissibility of sworn testimony from records of
courts of inquiry''.
(c) Subsection Heading Amendments for Stylistic
Consistency.--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--
(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:
``Sec. 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:
``Sec. 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.--
``(A) Sentencing by military judge.--Except
as provided 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 convicted 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 determined 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 convicted 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 authorized 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 convicted 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):
``Sec. 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--
``(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 provision 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 sentence 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 ``certified'';
(3) by striking subsection (c) and inserting the
following new subsection (c):
``(c) Contents of Record.--(1) Except as provided in
paragraph (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 ``certified''; and
(5) in subsection (e)--
(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:
``Sec. 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
subparagraph (A), (B), (C), or (D) that is punishable
under section 880 of this title (article 80).
``(F) Conspiracy to commit an offense specified in
subparagraph (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 punishment 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;
``(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 opportunity 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
eligibility 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 procedure and review
under any other provision of subchapter
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
Government 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.
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:
``Sec. 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
commissioned 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 Secretary concerned or
such Under Secretary or Assistant Secretary as may be
designated by the Secretary concerned. In such a case,
the Secretary, Under Secretary, or Assistant Secretary,
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, dismissal, or a dishonorable or
bad-conduct discharge may be executed, in accordance
with service regulations, after completion 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.
``(b) Deferral of Sentences.--
``(1) In general.--On application by an accused,
the convening 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 convening 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 agreement or treaty, as
the case may be.
``(4) State defined.--In this subsection, the term
`State' includes the District of Columbia and any
Commonwealth, territory, 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--
``(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 accordance with
the judgment of the Supreme
Court.
``(2) Completion as final judgment of legality of
proceedings.--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 regulations 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
circumstances.
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 conducted 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:
``Sec. 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
prescribed 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 Statement 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):
``Sec. 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 maximum 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.
``(C) A general or special court-martial in which
the sentence 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 jurisdiction may act under this section in place
of the convening authority.
``(b) Reduction, Commutation, and Suspension of Sentences
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 confinement 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 Recommendation
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,
provides 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 consider the presentence assistance of the
accused.
``(e) Submissions by Accused and Victim.--(1) 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 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):
``Sec. 860b. Art. 60b. Post-trial actions in summary courts-martial 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.
``(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 forwarded to the chief trial judge, who shall
ensure appropriate modification 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 jurisdiction 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):
``Sec. 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.
``(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:
``Sec. 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
subsections (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
subparagraph:
``(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
subparagraph:
``(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:
``(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 specifications 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 SUMMARY 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
Secretary 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:
``Sec. 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).
(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:
``Sec. 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 regulation.
``(b) Cases for Direct Appeal.--
``(1) Automatic review.--If the judgment includes a
sentence 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
provide 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).
``(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 jurisdiction 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 withdraws 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 subsection (d), the attorney conducting the
review believes corrective 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.''.
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, assignments 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 judgment entered into the record under
section 860c of this title (article 60c) includes a
sentence of death, dismissal of a commissioned 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
subsection (b)(1)(A) or (b)(1)(B), if filed before the
later of--
``(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
subsection (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 credibility of witnesses, and
determine controverted questions of fact, recognizing
that the trial court saw and heard the witnesses.
``(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 designated 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
``(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:
``Sec. 866. Art. 66. Courts of Criminal Appeals''.
(e) Subsection Heading Amendments for Stylistic
Consistency.--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 ``Ineligibility 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 General'' 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)'';
(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:
``Sec. 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
General 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 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) constituted 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
section 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 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 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
following 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.''.
(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
limitations 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 sentence 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 position 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.
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
redesignated 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).
(9) Drunken or reckless operation of a vehicle,
aircraft, or vessel.--Section 911 (article 111) is
transferred so as to appear after section 912a (article
912a) and is redesignated as section 913 (article 113).
(10) Housebreaking.--Section 930 (article 130) is
redesignated 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 transferred 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:
``Sec. 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:
``Sec. 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 commit an offense under this chapter (other than an offense
specified in subsection (b)) shall be punished as a court-
martial may direct.
``(b) Soliciting Desertion, Mutiny, Sedition, or
Misbehavior 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):
``Sec. 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):
``Sec. 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:
``Sec. 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.''.
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):
``Sec. 887b. Art. 87b. Offenses against correctional custody and
restriction
``(a) Escape From 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
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:
``Sec. 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.''.
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:
``Sec. 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):
``Sec. 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, is identified as a
training program for initial career
qualification.
``(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
qualification.
``(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 Secretary 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:
``Sec. 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
sentinel 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):
``Sec. 895a. Art. 95a. Disrespect toward sentinel or lookout
``(a) Disrespectful Language Toward Sentinel or Lookout.--
Any person subject to this chapter who, knowing that another
person is a sentinel or lookout, uses wrongful and
disrespectful 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 Lookout.--
Any person subject to this chapter who, knowing that another
person is a sentinel or lookout, behaves in a wrongful and
disrespectful 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:
``Sec. 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
prisoner 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
redesignated 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):
``Sec. 904. Art. 104. Public records offenses
``Any person subject to this chapter who, willfully and
unlawfully--
``(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):
``Sec. 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,
counterfeits, 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 unauthorized military or official pass, permit,
discharge certificate, or identification 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
unauthorized military or official pass, permit, discharge
certificate, or identification 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):
``Sec. 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):
``Sec. 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
``(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:
``Sec. 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
statement;
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):
``Sec. 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):
``Sec. 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 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:
``Sec. 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):
``Sec. 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 permits 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:
``Sec. 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.
``(b) Incapacitation for Duty From Drunkenness or Drug
Use.--Any person subject to this chapter who, as a result of
indulgence 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 CONVICTION 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:
``Sec. 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:
``Sec. 915. Art. 115. Communicating threats
``(a) Communicating Threats Generally.--Any person subject
to this chapter who wrongfully communicates a threat to injure
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 material, 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
maliciously 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):
``Sec. 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--
``(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
subsection 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
redesignated by paragraph (3)(B) of this subsection, is
further amended--
(A) in subparagraph (A)--
(i) in the second sentence, by
striking ``or submission 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 following 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 `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):
``Sec. 920a. Art. 120a. Mails: deposit of obscene matter
``Any person subject to this chapter who, wrongfully and
knowingly, 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):
``Sec. 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):
``Sec. 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:
``Sec. 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 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):
``Sec. 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):
``Sec. 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 transmitted
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 Government 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 Government.
``(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):
``Sec. 924a. Art. 124a. Bribery
``(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 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):
``Sec. 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 recognition 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:
``Sec. 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:
``Sec. 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 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 person
subject to this chapter who, willfully, maliciously, and with
intent to defraud, burns or sets fire to any property shall be
punished 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:
``Sec. 928. Art. 128. Assault
``(a) Assault.--Any person subject to this chapter who,
unlawfully 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 paragraph (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:
``Sec. 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
``(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
redesignated by section 5401(11) of this Act, is amended to
read as follows:
``Sec. 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 himself 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 proximity 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
``(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):
``Sec. 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):
``Sec. 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):
``Sec. 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
``(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):
``Sec. 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):
``Sec. 931e. Art. 131e. Prevention of authorized seizure of property
``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 ADMINISTRATIVE
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):
``Sec. 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):
``Sec. 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 personnel action against any person; or
``(2) wrongfully withholds or threatens to withhold
a favorable 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
following:
``(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 complains of, or discloses
information that the member reasonably 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
discrimination 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.
``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 officer, 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 devices.
``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 sufficient funds.
``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 paragraphs (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 (articles) of this chapter
(the Uniform Code of Military Justice)'';
(2) by striking subsection (b); and
(3) by adding after subsection (a) the following
new subsections:
``(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
(articles) 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
prescribed 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 specialized training
regarding the purposes and administration of this chapter with
respect to joint commands and the combatant commands.
``(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):
``Sec. 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 distribution 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.--
(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:
``Sec. 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
following 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 Representatives.
``(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 experience in investigation, prosecution, defense,
victim representation, or adjudication with respect to courts-
martial, Federal civilian courts, or State courts.
``(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 amendments 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 matters 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 Representatives a report
setting forth the results of such review and
assessment, including the Panel's findings and
recommendations.
``(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.
``(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):
``Sec. 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
completed 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
specifically 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 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
submitted--
``(1) to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House
of Representatives; 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 SECTIONS.
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--
(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
sections 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 circumstances.
``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.'';
(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
prescribe 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. Proceedings in any
such case shall be held in the same manner 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 amendments.
(4) Sentencing amendments.--The regulations
prescribing 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.
And the House agree to the same.
From the Committee on Armed Services, for
consideration of the Senate bill and the House
amendment, and modifications committed to
conference:
Mac Thornberry,
J. Randy Forbes,
Jeff Miller of Florida,
Joe Wilson of South Carolina,
Frank A. LoBiondo,
Michael R. Turner,
John Kline,
Mike Rogers of Alabama,
Trent Franks of Arizona,
K. Michael Conaway,
Doug Lamborn,
Robert J. Wittman,
Christopher P. Gibson,
Vicky Hartzler,
Joseph J. Heck of Nevada,
Elise M. Stefanik,
Adam Smith of Washington,
Loretta Sanchez,
Susan A. Davis of California,
James R. Langevin,
Rick Larsen of Washington,
Jim Cooper,
Madeleine Z. Bordallo,
Joe Courtney,
Niki Tsongas,
John Garamendi,
Henry C. ``Hank'' Johnson, Jr.,
Jackie Speier,
Scott H. Peters,
From the Permanent Select Committee on
Intelligence, for consideration of matters
within the jurisdiction of that committee under
clause 11 of rule X:
Devin Nunes,
Mike Pompeo,
From the Committee on Education and the
Workforce, for consideration of secs. 571-74
and 578 of the Senate bill, and secs. 571, 573,
1098E, and 3512 of the House amendment, and
modifications committed to conference:
Tim Walberg,
Brett Guthrie,
Robert C. ``Bobby'' Scott,
From the Committee on Energy and Commerce, for
consideration of secs. 3112 and 3123 of the
Senate bill, and secs. 346, 601, 749, 1045,
1090, 1095, 1673, 3119A, and 3119C of the House
amendment, and modifications committed to
conference:
Robert E. Latta,
Bill Johnson of Ohio,
From the Committee on Foreign Affairs, for
consideration of secs. 828, 1006, 1007, 1050,
1056, 1089, 1204, 1211, 1221-23, 1231, 1232,
1242, 1243, 1247, 1252, 1253, 1255-58, 1260,
1263, 1264, 1271-73, 1276, 1283, 1301, 1302,
1531-33, and 1662 of the Senate bill, and secs.
926, 1011, 1013, 1083, 1084, 1098K, 1099B,
1099C, 1201, 1203, 1214, 1221-23, 1227, 1229,
1233, 1235, 1236, 1245, 1246, 1250, 1259A-59E,
1259J, 1259L, 1259P, 1259Q, 1259U, 1261, 1262,
1301-03, 1510, 1531-33, 1645, 1653, and 2804 of
the House amendment, and modifications
committed to conference:
Edward R. Royce,
Lee M. Zeldin,
From the Committee on Homeland Security, for
consideration of secs. 564 and 1091 of the
Senate bill, and secs. 1097, 1869, 1869A, and
3510 of the House amendment, and modifications
committed to conference:
Michael T. McCaul,
Daniel M. Donovan, Jr.,
Bennie G. Thompson,
From the Committee on the Judiciary, for
consideration of secs. 829J, 829K, 944, 963,
1006, 1023-25, 1053, 1093, 1283, 3303, and 3304
of the Senate bill, and secs. 598, 1090, 1098H,
1216, 1261, and 3608 of the House amendment,
and modifications committed to conference:
Bob Goodlatte,
Darrell E. Issa,
From the Committee on Natural Resources, for
consideration of secs. 601, 2825, subtitle D of
title XXVIII, and sec. 2852 of the Senate bill,
and secs. 312, 601, 1090, 1098H, 2837, 2839,
2839A, subtitle E of title XXVIII, secs. 2852,
2854, 2855, 2864-66, title XXX, secs. 3508,
7005, and title LXXIII of the House amendment,
and modifications committed to conference:
Paul Cook,
Cresent Hardy,
From the Committee on Oversight and Government
Reform, for consideration of secs. 339, 703,
819, 821, 829H, 829I, 861, 944, 1048, 1054,
1097, 1103-07, 1109-13, 1121, 1124, 1131-33,
1135 and 1136 of the Senate bill, and secs.
574, 603, 807, 821, 1048, 1088, 1095, 1098L,
1101, 1102, 1104-06, 1108-11, 1113, 1259C, and
1631 of the House amendment, and modifications
committed to conference:
Jason Chaffetz,
Steve Russell,
From the Committee on Science, Space, and
Technology, for consideration of sec. 874 of
the Senate bill and secs. 1605, 1673, and title
XXXIII of the House amendment, and
modifications committed to conference:
Eddie Bernice Johnson of Texas,
From the Committee on Small Business, for
consideration of secs. 818, 838, 874, and 898
of the Senate bill, and title XVIII of the
House amendment, and modifications committed to
conference:
Steve Chabot,
Stephen Knight,
From the Committee on Transportation and
Infrastructure, for consideration of secs. 541,
562, 601, 961, 3302-07, 3501, and 3502 of the
Senate bill, and secs. 343, 601, 731, 835,
1043, 1671, 3119C, 3501, 3504, 3509, 3512, and
title XXXVI of the House amendment, and
modifications committed to conference:
Duncan Hunter,
David Rouzer,
Sean Patrick Maloney of New York,
From the Committee on Veterans' Affairs, for
consideration of secs. 706, 755, and 1431 of
the Senate bill, and secs. 741, 1421, and 1864
of the House amendment, and modifications
committed to conference:
David P. Roe of Tennessee,
Mike Bost,
From the Committee on Ways and Means, for
consideration of sec. 1271 of the Senate bill,
and modifications committed to conference:
Kevin Brady of Texas,
David G. Reichert,
Managers on the Part of the House.
John McCain,
James M. Inhofe,
Jeff Sessions,
Roger F. Wicker,
Kelly Ayotte,
Deb Fischer,
Tom Cotton,
Mike Rounds,
Joni Ernst,
Thom Tillis,
Dan Sullivan,
Lindsey Graham,
Ted Cruz,
Jack Reed,
Bill Nelson,
Claire McCaskill,
Joe Manchin III,
Jeanne Shaheen,
Richard Blumenthal,
Joe Donnelly,
Mazie K. Hirono,
Tim Kaine,
Angus S. King, Jr.,
Martin Heinrich,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the House to the bill (S. 2943), to authorize
appropriations for fiscal year 2017 for military activities of
the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for
other purposes, submit the following joint statement to the
House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report:
The House amendment struck all of the Senate bill after
the enacting clause and inserted a substitute text.
The Senate recedes from its disagreement to the amendment
of the House with an amendment that is a substitute for the
Senate bill and the House amendment. The differences between
the Senate bill, the House amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
Compliance with rules of the House of Representatives and Senate
regarding earmarks and congressionally directed spending items
Pursuant to clause 9 of rule XXI of the Rules of the
House of Representatives and Rule XLIV(3) of the Standing Rules
of the Senate, neither this conference report nor the
accompanying joint statement of managers contains any
congressional earmarks, congressionally directed spending
items, limited tax benefits, or limited tariff benefits, as
defined in such rules.
Summary of discretionary authorizations and budget authority
implication
The budget request for national defense discretionary
programs within the jurisdiction of the Committees on Armed
Services of the Senate and the House of Representatives for
fiscal year 2017 was $608.0 billion. Of this amount, $524.0
billion was requested for base Department of Defense programs,
$64.6 billion was requested for overseas contingency operations
of which $5.1 billion was for base requirements, $19.2 billion
was requested for national security programs in the Department
of Energy and the Defense Nuclear Facilities Safety Board, and
$0.2 billion for the Maritime Security Program.
The conference agreement would authorize $611.2 billion
in fiscal year 2017, including $523.7 billion for base
Department of Defense programs, $67.8 billion for overseas
contingency operations of which $8.3 billion was for base
requirements, $19.4 billion for national security programs in
the Department of Energy and the Defense Nuclear Facilities
Safety Board, and $0.3 billion for the Maritime Security
Program.
The two tables preceding the detailed program adjustments
in Division D of the accompanying joint statement of managers
summarize the discretionary authorizations in the agreement and
the equivalent budget authority levels for fiscal year 2017
defense programs.
Budgetary effects of this Act (sec. 4)
The Senate bill contained a provision (sec. 4) that would
require that the budgetary effects of this Act be determined in
accordance with the procedures established in the Statutory
Pay-As-You-Go Act of 2010 (title I of Public Law 111-139).
The House amendment contained no similar provision.
The House recedes.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
Title I--Procurement
Subtitle A--Authorization of Appropriations
Authorization of appropriations (sec. 101)
The Senate bill contained a provision (sec. 101) that
would authorize appropriations for procurement at the levels
identified in section 4101 of division D of this Act.
The House amendment contained an identical provision
(sec. 101).
The conference agreement includes this provision.
Subtitle B--Army Programs
Multiyear procurement authority for AH-64E Apache helicopters (sec.
111)
The Senate bill contained a provision (sec. 113) that
would authorize the Secretary of the Army to enter into a
multiyear contract for AH-64E Apache helicopters for fiscal
years 2017 through 2021.
The House amendment contained an identical provision
(sec. 111).
The conference agreement includes this provision.
Multiyear procurement authority for UH-60M and HH-60M Black Hawk
helicopters (sec. 112)
The Senate bill contained a provision (sec. 112) that
would authorize the Secretary of the Army to enter into a
multiyear contract for UH-60M/HH-60M Black Hawk helicopters for
fiscal years 2017 through 2021.
The House amendment contained a similar provision (sec.
111) that would authorize the Secretary of the Army to enter
into one or more multiyear contracts for UH-60M and HH-60M
Black Hawk helicopters beginning in fiscal year 2017, in
accordance with section 2306b of title 10, United States Code.
The Senate recedes.
Distributed Common Ground System--Army increment 1 (sec. 113)
The Senate bill contained a provision (sec. 111) that
would require the Secretary of the Army to improve and tailor
training for units equipped with the Distributed Common Ground
System--Army Increment 1. The provision would also require the
Secretary of the Army to rapidly identify and field a
commercially available capability that meets tactical
requirements, can integrate at the tactical unit level, is
substantially easier for personnel to use, and requires less
training.
The House amendment contained no similar provision.
The House recedes with an amendment that would allow the
Secretary of Defense to waive limitations if any adversely
affect ongoing operational activities.
Assessment of certain capabilities of the Department of the Army (sec.
114)
The House amendment contained a provision (Sec. 113) that
would require the Secretary of Defense, in consultation with
the Secretary of the Army and the Chief of Staff of the Army,
to provide an assessment to the congressional defense
committees by April 1, 2017, of the ways, and associated costs,
to reduce or eliminate shortfalls in responsiveness and
capacity of the following capabilities:
(1) AH-64-equipped Attack Reconnaissance Battalion
capacity to meet future needs;
(2) Air defense artillery (ADA) capacity, responsiveness,
and the capability of short range ADA to meet existing and
emerging threats (including unmanned aerial systems, cruise
missiles, and manned aircraft), including an assessment of the
potential for commercial-off-the-shelf solutions;
(3) Chemical, biological, radiological, and nuclear
capabilities and modernization;
(4) Field artillery capabilities and the changes in
doctrine and war plans resulting from 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, as well as required modernization
or munition inventory shortfalls;
(5) Fuel distribution and water purification capacity and
responsiveness;
(6) Army watercraft and port opening capabilities and
responsiveness;
(7) Transportation (fuel, water, and cargo) capacity and
responsiveness;
(8) Military police capacity; and
(9) Tactical mobility and tactical wheeled vehicle
capacity and capability, to include adequacy of heavy equipment
prime movers.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle C--Navy Programs
Determination of vessel delivery dates (sec. 121)
The Senate bill contained a provision (sec. 123) that
would require the Secretary of the Navy to deem ship delivery
to occur at the completion of the final phase of construction.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
the determination of vessel delivery dates and include such
determination in title 10, United States Code.
Incremental funding for detail design and construction of LHA
replacement ship designated LHA 8 (sec. 122)
The Senate bill contained a provision (sec. 121) that
would allow the Secretary of the Navy to enter into and
incrementally fund a contract for detail design and
construction of the LHA Replacement ship, designated LHA-8.
Subject to the availability of appropriations, 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.
The House amendment contained a similar provision (sec.
123).
The House recedes.
Littoral Combat Ship (sec. 123)
The Senate bill contained a provision (sec. 122) that
would require an annual report on Littoral Combat Ship (LCS)
mission packages, a certification on the acquisition inventory
objective of LCS mission packages, a limitation on the use of
funds to revise or deviate from revision three of the LCS
acquisition strategy, and a repeal of a reporting requirement
related to LCS mission modules.
The House amendment contained a similar provision (sec.
126).
The House recedes with an amendment that would:
(1) Replace the limitation on the use of funds to
revise or deviate from revision three of the LCS
acquisition strategy with a requirement that the
Secretary of Defense provide a certification to the
congressional defense committees prior to a revision or
deviation from revision three of the LCS acquisition
strategy. The conferees' intent is this subsection be
limited to those revisions or deviations that would
result in a change to: the acquisition inventory
objective of 40 ships, annual procurement quantities
through fiscal year 2021, or the planned down-select to
a single LCS prime contractor no later than fiscal year
2019; and
(2) Prohibit the Secretary of Defense from
selecting a single contractor for the LCS or frigate
program unless such selection is conducted using
competitive procedures, performed for the purpose of
constructing a frigate class ship, and occurs only
after a frigate design has reached sufficient maturity
and completeness.
Limitation on use of sole-source shipbuilding contracts for certain
vessels (sec. 124)
The Senate bill contained a provision (sec. 124) that
would prohibit funds from being used to enter into or prepare
to enter into sole source contracts for one or more Joint High
Speed Vessels (JHSV) or Expeditionary Fast Transports (EPF)
unless the Secretary of the Navy submits to the congressional
defense committees a certification and a report.
The House amendment contained no similar provision.
The House recedes.
Limitation on availability of funds for the Advanced Arresting Gear
Program (sec. 125)
The Senate bill contained a provision (sec. 125) that
would limit funds for the Advanced Arresting Gear (AAG) to be
installed on USS Enterprise (CVN-80) until the Secretary of
Defense submits to the congressional defense committees the
report described under section 2433a(c)(2) of title 10, United
States Code, for the AAG program.
The provision would also direct the Secretary of Defense
to deem the 2009 AAG acquisition program baseline as the
original baseline estimate and to execute the requirements of
sections 2433 and 2433a of title 10, United States Code, as
though the Department had submitted a Selected Acquisition
Report with this baseline estimate included. This action would
provide clarity on the original baseline estimate, which is a
necessary element of a Nunn-McCurdy review.
The House amendment contained no similar provision.
The House recedes with an amendment that would:
(1) Require the Navy to report on the AAG program
in accordance with section 2432 of title 10, United
States Code, which deals with Selected Acquisition
Reports, instead of reporting in accordance with
section 2433a(c) (2) which deals with critical cost
growth in major defense acquisition programs;
(2) Add a limitation of funds for the AAG to be
installed on USS John F. Kennedy (CVN-79) unless the
Milestone Decision Authority (MDA) determines that AAG
should be installed on that ship, and the MDA submits
notification of such determination to the congressional
defense committees;
(3) Establish the original baseline estimate for
the AAG program and require the Secretary of Defense to
execute the requirements of sections 2433 and 2433a of
title 10, United States Code, but exempt the Department
from having to rescind the milestone decision approval
for the AAG program during the review required by those
provisions; and
(4) During the review required by section 2433a of
title 10, United States Code, allow the Secretary of
Defense to approve contract action or actions to enter
a new contract, exercise an option under an existing
contract, or otherwise extend the scope of an existing
contract under the AAG program for CVN-80 only if the
MDA, on a non-delegable basis, were to determine that
such action would be needed to appropriately
restructure the program as intended by the Secretary of
Defense.
The conferees note that, although the AAG program is now
being managed as a Major Defense Acquisition Program, it began
more than 10 years ago as an Acquisition Category II program,
which limited transparency and insight of the Navy's
acquisition and contract management. In 2015, the Comptroller
General reported that the Department of Defense needed a better
approach to manage Acquisition Category II programs,
particularly those programs that have the potential to become
Major Defense Acquisition Programs.
Therefore, the conferees direct the Comptroller General
to review no fewer than five Navy aircraft launch and recovery
equipment (ALRE) Acquisition Category II programs to determine:
(1) The roles and responsibilities for acquiring
ALRE systems for major ship programs, and the
relationship of these programs to the Navy's overall
acquisition of the ship platform;
(2) How the acquisition and contracting practices
for these programs compare to guidance, regulations,
and best practices for acquisition management;
(3) How the Navy manages cost, schedule, and
performance to meet ship delivery schedules, and what
mechanisms, if any, are in place to periodically
reassess assignment of such programs to a particular
acquisition category;
(4) Recommendations to improve the Navy's
performance in managing ALRE and other Acquisition
Category II programs; and
(5) Any other observations of the Comptroller
General.
The conferees request a briefing to the congressional
defense committees no later than June 1, 2017, to be followed
by a report.
Limitation on availability of funds for procurement of U.S.S.
Enterprise (CVN-80) (sec. 126)
The Senate bill contained a provision (sec. 126) that
would limit more than 25 percent of funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2017 for advance procurement or procurement of USS John F.
Kennedy (CVN-79) or USS Enterprise (CVN-80) from being
obligated or expended until the Secretary of the Navy and Chief
of Naval Operations submit a report to the congressional
defense committees.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
limitation of funds on CVN-79 and terminate this section on
September 30, 2021.
Sense of Congress on aircraft carrier procurement schedules (sec. 127)
The House amendment contained a provision (sec. 122) that
would provide the sense of Congress that the Secretary of the
Navy's schedule to procure 1 aircraft carrier every 5 years
will reduce the overall aircraft carrier inventory to 10
aircraft carriers, a level insufficient to meet peacetime and
war plan requirements. The section would also recommend that
the Secretary begin construction for the Ford-class aircraft
carrier designated CVN-81 in fiscal year 2022 and align advance
procurement activities with this accelerated programming.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove
the reference to CVN-81.
Report on P-8 Poseidon aircraft (sec. 128)
The House amendment contained a provision that would
require the Secretary of the Navy to submit to the
congressional defense committees a report regarding future
capabilities for the P-8 Poseidon aircraft.
The Senate bill contained no similar provision.
The Senate recedes.
Design and construction of replacement dock landing ship designated
LX(R) or amphibious transport dock designated LPD-29 (sec. 129)
The House amendment contained a provision (sec. 124) that
would authorize the Secretary of the Navy to enter into and
incrementally fund a contract for design and construction of
the replacement dock landing ship designated LX(R) or the
amphibious transport dock designated LPD-29.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle D--Air Force Programs
EC-130H Compass Call recapitalization program (sec. 131)
The Senate bill contained a provision (Sec. 145) that
would prohibit the availability of funds for the Air Force EC-
130H Compass Call recapitalization program unless the Air Force
conducts a full and open competition to acquire the replacement
aircraft platform.
The House amendment contained no similar provision.
The House recedes with an amendment that strikes the full
and open competition requirement, and authorizes the Secretary
of the Air Force to obligate and expend fiscal year 2017 funds
for the purpose of re-hosting the primary mission equipment of
the current EC-130H Compass Call aircraft fleet on to a more
operationally effective and survivable airborne platform to
meet combatant commander requirements. The amendment limits
procurement to the first two aircraft of the planned ten
aircraft fleet until the Secretary determines there is a high
likelihood the program will meet the requirements of the
combatant commands.
The conferees agree the restructured EC-130H Compass Call
program shall be implemented consistent with existing
authorities, including Federal Acquisition Regulation Part 6.3
and Department of Defense Instruction 5000.02, ``Operation of
the Defense Acquisition System.''
The conferees note the fiscal year 2017 funding
adjustments to allow the Secretary of the Air Force to proceed
with the program are outlined in Division D.
Repeal of requirement to preserve certain retired C-5 aircraft (sec.
132)
The Senate bill contained a provision (Sec. 143) that
would repeal the requirement in Section 141 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239) for the Secretary of the Air Force to preserve certain
retired C-5 aircraft.
The House amendment contained a similar provision (Sec.
132).
The Senate recedes.
Repeal of requirement to preserve F-117 aircraft in recallable
condition (sec. 133)
The Senate bill contained a provision (Sec. 144) that
would repeal the requirement in Section 136 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2114) to preserve F-117 aircraft in
recallable condition.
The House amendment contained a similar provision (Sec.
133).
The House recedes.
Prohibition on availability of funds for retirement of A-10 aircraft
(sec. 134)
The Senate bill contained a provision (Sec. 141) that
would amend section 142 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92) by extending the
prohibition on obligation or expenditure of funds to retire or
prepare to retire A-10 aircraft until the Secretary of the Air
Force and Chief of Staff of the Air Force submit a report to
the congressional defense committees describing their views on
the results of an F-35A initial operational test and evaluation
(IOT&E). The provision would also ensure the F-35A IOT&E
includes comparison tests and evaluation of the F-35A and A-10C
in conducting close air support, combat search and rescue, and
airborne forward air controller missions. The provision would
also require the Comptroller General of the United States to
provide an independent assessment of the report from the
Secretary and Chief of Staff.
The House amendment contained a similar provision (Sec.
134) that would prevent retirements of A-10 aircraft, but would
allow the Secretary of the Air Force to transition the A-10
unit at Fort Wayne Air National Guard Base, Indiana, to an F-16
unit in fiscal year 2018, as the Secretary had proposed in the
budget of the President for fiscal year 2017.
The Senate recedes.
The conferees agree that section (f)(2) of the House
provision explicitly prevents the divestment of any A-10
aircraft if the special rule were to be invoked.
The conferees also agree the Comptroller General of the
United States shall assess the conclusions and assertions
contained in the Secretary's and Chief of Staff's report on the
F-35A IOT&E, and submit a report to the congressional defense
committees of such assessment not later than 90 days after the
Secretary's and Chief of Staff's report is submitted.
The conferees also agree the Comptroller General's report
shall include the following:
(1) An assessment of whether the conclusions and
assertions included in the report submitted by the
Secretary and Chief of Staff are comprehensive, fully
supported, and sufficiently detailed; and
(2) An identification of any shortcomings,
limitations, or other matters that affect the quality
of the report's findings or conclusions.
Limitation on availability of funds for destruction of A-10 aircraft in
storage status (sec. 135)
The Senate bill contained a provision (Sec. 142) that
would prohibit the availability of funds authorized to be
appropriated by this Act or otherwise made available for the
Air Force to be obligated for the purpose of scrapping,
destroying, or otherwise disposing of any A-10 aircraft in any
storage status in the Aerospace Maintenance and Regeneration
Group (AMARG) that have serviceable wings or other components
that could be used to prevent total active inventory A-10
aircraft from being permanently removed from flyable status due
to unserviceable wings or other components.
The House amendment contained no similar provision.
The House recedes with minor technical corrections.
The conferees agree the provision does not prevent the
Air Force from reclaiming any usable parts or components on A-
10 aircraft in any storage status for the purpose of keeping
active inventory A-10 aircraft in flyable and mission capable
condition.
Prohibition on availability of funds for retirement of Joint
Surveillance Target Attack Radar System aircraft (sec. 136)
The House amendment contained a provision (Sec. 135) that
would prohibit the availability of funds for retirement of
Joint Surveillance Target Attack Radar System aircraft in
fiscal year 2018.
The Senate bill contained no similar provision.
The Senate recedes.
Elimination of annual report on aircraft inventory (sec. 137)
The House amendment contained a provision (Sec. 131) that
would strike the requirement in Section 231a of title 10,
United States Code, for the Secretary of Defense to deliver an
annual report on the military services' aircraft inventory to
the congressional defense committees.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle E--Defense-Wide, Joint, and Multiservice Matters
Standardization of 5.56mm rifle ammunition (sec. 141)
The House amendment contained a provision (sec. 146) that
would require the Secretary of Defense to ensure that the Army
and the Marine Corps are using in combat one standard type of
enhanced 5.56mm rifle ammunition not later than one year after
the date of the enactment of this Act with exceptions that
require the Secretary of Defense to certify to the
congressional defense committees the reasons why there are
different 5.56mm rounds being used in combat.
The Senate bill contained no similar provision.
The Senate recedes.
Fire suppressant and fuel containment standards for certain vehicles
(sec. 142)
The House amendment contained a provision (Sec. 142) that
would require the Secretary of the Army, or his designee, and
the Secretary of the Navy, or his designee, to establish and
maintain policy guidance regarding the establishment of, and
updates to, fire suppressant and fuel containment standards
that meet survivability requirements across various classes of
vehicles, including light tactical vehicles, medium tactical
vehicles, heavy tactical vehicles, and ground combat vehicles
for the Army and Marine Corps. This section would also require
the Secretary of the Army and the Secretary of the Navy to
provide a report to the congressional defense committees, not
later than 180 days after the date of the enactment of this
Act, that contains policy guidance for each class of vehicle
including armor, fire suppression systems, self-sealing
material and containment technologies, and any other
information as determined by the Secretaries.
The Senate bill contained no similar provision.
The Senate recedes.
Limitation on availability of funds for destruction of certain cluster
munitions (sec. 143)
The Senate bill contained a provision (section 152) that
would limit the funds available for the destruction of cluster
munitions until the Secretary of Defense submits a report on
the Department's policy on, and plan for, cluster munitions.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit the
funds for the destruction of serviceable cluster munitions, but
would allow the demilitarization of cluster munitions
determined to be unserviceable due to a significant failure to
meet performance or logistics requirements. Cluster munitions
categorized as unserviceable solely due to current or amended
Department of Defense policy related to cluster munitions would
not meet this definition of unserviceable and would be subject
to the limitation in this provision.
Report on Department of Defense munitions strategy for the combatant
commands (sec. 144)
The House amendment contained a provision that would
require the Secretary of Defense to submit to the congressional
defense committees a report on the munitions strategy of the
combatant commands.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would reduce
the time horizon for the strategy and modify the elements of
the required report.
Modifications to reporting on use of combat mission requirements funds
(sec. 145)
The House amendment contained a provision (sec. 141) that
would amend the quarterly report requirement in section 123 of
the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383), to sunset the requirement for
such reports on September 30, 2018.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would change
from quarterly to annually the requirement for the commander of
U.S. Special Operations Command to submit a report on use of
Combat Mission Requirements funds.
Report on alternative management structures for the F-35 joint strike
fighter program (sec. 146)
The Senate bill contained a provision that would
disestablish the F-35 Joint Program Office (JPO) and devolve
relevant responsibilities to the Air Force and the Navy.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
requirement to disestablish the JPO and require the Secretary
of Defense, no later than March 31, 2017, to submit to the
congressional defense committees a report on potential options
for the future management of the Joint Strike Fighter program.
Comptroller General review of F-35 Lightning II aircraft sustainment
support (sec. 147)
The House amendment contained a provision (Sec. 144) that
would direct the Comptroller General of the United States to
conduct an analysis of the sustainment support strategy for the
F-35 Joint Strike Fighter program.
The Senate bill contained no similar provision.
The Senate recedes.
Briefing on acquisition strategy for Ground Mobility Vehicle (sec. 148)
The House amendment contained a provision (Sec. 145) that
would direct the Under Secretary of Defense for Acquisition,
Technology, and Logistics, in consultation with the Secretary
of the Army, to provide a briefing to the congressional defense
committees on the acquisition strategy for the ground mobility
vehicle.
The Senate bill contained no similar provision.
The Senate recedes.
Study and report on optimal mix of aircraft capabilities for the Armed
Forces (sec. 149)
The Senate bill contained a provision (Sec. 151) that
would direct the Secretary of Defense to obtain an independent
study on the future mix of aircraft platforms for the Armed
Forces.
The House amendment contained no similar provision.
The House recedes with an amendment changing the study to
be conducted by the Secretary of Defense rather than by an
independent entity, adds the congressional intelligence
committees as recipients of the study report, and includes
other minor technical corrections.
Legislative Provisions Not Adopted
Funding for surface-to-air missile system
The House amendment contained a provision (Section 114)
that would authorize an increase in funding for Missile
Procurement, Army line 002, MSE missile, by $84.2 million and
decrease funding for Defense Nuclear Nonproliferation Research
and Development, material management and minimization, by an
equal $84.2 million.
The Senate bill contained no similar provision.
The House recedes.
The outcome is reflected in sections 4101 and 4701 of the
Act.
Procurement authority for aircraft carrier programs
The House amendment contained a provision (sec. 121) that
would provide economic order quantity authority for the
construction of two Ford-class aircraft carriers and
incremental funding authority for the nuclear refueling and
complex overhaul of five Nimitz-class aircraft carriers.
The Senate bill contained no similar provision.
The House recedes.
Ship to shore connector program
The House amendment contained a provision (sec. 125) that
would authorize the Secretary of the Navy to enter into a
contract for the procurement of up to 45 Ship to Shore
Connector vessels.
The Senate bill contained no similar provision.
The House recedes.
Limitation on availability of funds for Tactical Combat Training System
Increment II
The Senate bill contained a provision (sec. 127) that
would limit the obligation or expenditure of 25 percent of
funds for the Tactical Combat Training Systems (TCTS) Increment
II program until 60 days after the Secretary of the Navy
submitted the report required by section 235 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92).
The House amendment contained a similar provision (sec.
218) that would limit the obligation or expenditure of 20
percent of the funds for TCTS Increment II until the Secretary
of the Navy and Secretary of the Air Force provided the
required report.
The conference agreement includes neither provision.
Because the Secretary of the Navy submitted the required report
in May 2016, the limitation on availability of funds within
these provisions is no longer applicable.
However, the conferees remain concerned about training
gaps, both in live and simulated environments, for pilots in
fourth and fifth-generation aircraft. Pilots will have to
operate these aircraft with advanced weapon systems in highly
complex anti-access, area denial environments. The conferees
recognize the importance of developing higher fidelity
interoperable training for combat pilots using live-virtual-
constructive (LVC) exercises. Such exercises should allow the
Department to simulate a broader range of threat system
capabilities that enable training aircraft pilots under more
realistic combat conditions.
Therefore, the conferees expect the Department of Defense
to apply the necessary focus and resources to develop and
support LVC training as soon as possible.
Prohibition on availability of funds for retirement of U-2 aircraft
The House amendment contained a provision (Sec. 137) that
would prohibit the availability of funds for the retirement of
U-2 aircraft.
The Senate bill contained no similar provision.
The House recedes. Section 133 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81)
prohibits the Secretary of the Air Force from taking any action
that would prevent the Air Force from maintaining the U-2
aircraft fleet in its current configuration and capability
beyond fiscal year 2016. The conferees agree that this
provision remains in full force and effect.
Medium Altitude Intelligence, Surveillance, and Reconnaissance aircraft
The Senate bill contained a provision (sec. 153) that
would prohibit the obligation or expenditure of funds for the
acquisition of Medium Altitude Intelligence, Surveillance, and
Reconnaissance (MAISR) aircraft in fiscal year 2017 until the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict (ASD SOLIC), in consultation with the
Commander of U.S. Special Operations Command (SOCOM), provides
the congressional defense committees with a report on the
manned ISR requirements of the command and how such an
acquisition aligns with the SOCOM ISR Roadmap.
The House amendment contained no similar provision.
The Senate recedes.
The conferees understand that a SOCOM analysis determined
that the cost avoidance of acquiring versus leasing MAISR
aircraft is approximately $1.3 million per month with a break
even return on investment of approximately 11 months. However,
the conferees believe that procurement of ISR aircraft should
not be ad hoc, but instead be a deliberate acquisition informed
by an analysis of alternatives that fully considers changing
requirements, threats, capabilities, tactics, and resource
constraints. Therefore, the conferees direct ASD SOLIC and
SOCOM to provide an interim briefing on the scope, methodology
and timeline for the Next Generation Manned ISR Study and
Analysis of Alternatives no later than 90 days after enactment
of this Act.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Authorization of appropriations (sec. 201)
The Senate bill contained a provision (sec. 201) that
would authorize appropriations for Research, Development, Test,
and Evaluation at the levels identified in section 4201 of
division D of this Act.
The House amendment contained an identical provision
(sec. 201).
The conference agreement includes this provision.
Subtitle B--Program Requirements, Restrictions, and Limitations
Laboratory quality enhancement program (sec. 211)
The House amendment contained a provision (sec. 211) that
would require the establishment of a Laboratory Quality
Enhancement Program to support the analysis and implementation
of current policies, as well as make recommendations for new
initiatives to support the improvement and enhancement of the
Department of Defense's Science and Technology Reinvention
Laboratories. The House provision would also align management
of the laboratory demonstration program with the Assistant
Secretary of Defense for Research and Engineering.
The Senate bill contained a provision (sec. 1126) that
would align management of the laboratory demonstration program
with the Under Secretary of Defense for Acquisition,
Technology, and Logistics.
The Senate recedes with an amendment to adjust the
membership of the panel and to emphasize that the goal of the
laboratory personnel system should be to support the efficient
operations of those institutions.
Modification of mechanisms to provide funds for defense laboratories
for research and development of technologies for military
missions (sec. 212)
The Senate bill contained a provision (sec. 211) that
would raise the limit of funds authorized under Section 219 of
the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417) up to four percent of all funds
available to a laboratory. The provision would also eliminate
the sunset date for authorization of this authority.
The House amendment contained a similar provision (sec.
212) that would set the level of funding at three percent,
eliminate the sunset date, and allow certain federally funded
research and development centers to use this authority.
The House recedes with an amendment that would set the
level of Section 219 funding at between two and four percent.
Making permanent authority for defense research and development rapid
innovation program (sec. 213)
The Senate bill contained a provision (sec. 212) that
would repeal the sunset provision of the Rapid Innovation
Program and make the authorization of the program permanent.
The House amendment contained no similar provision.
The House recedes.
Authorization for National Defense University and Defense Acquisition
University to enter into cooperative research and development
agreements (sec. 214)
The Senate bill contained a provision (sec. 213) that
would authorize the Defense Acquisition University and the
National Defense University to enter into cooperative
agreements, which involve the provision of grant money, and
cooperative research and development agreements with
universities, not-for-profit institutions, and other entities
to support their designated missions.
The House amendment contained no similar provision.
The House recedes.
Manufacturing engineering education grant program (sec. 215)
The Senate bill contained a provision (sec. 214) that
would allow the Department of Defense to provide grants to
institutions of higher education, including technical and
community colleges, for the purposes of enhancing education in
manufacturing engineering.
The House amendment contained no similar provision.
The House recedes with technical amendments to clarify
several aspects of the grant program.
Notification requirement for certain rapid prototyping,
experimentation, and demonstration activities (sec. 216)
The House amendment contained a provision (sec. 213) that
would require the Secretary of the Navy to provide written
notification to the congressional defense committees within 10
days before initiating a rapid prototyping, experimentation, or
demonstration activity using funds from PE 63382N (Navy
Advanced Combat Systems Technology).
The Senate bill contained no similar provision.
The Senate recedes.
Increased micro-purchase threshold for research programs and entities
(sec. 217)
The Senate bill contained a provision (sec. 215) that
would increase the micro-purchase threshold in Department of
Defense research and laboratories activities from $3,000 to
$10,000. In raising the limit, this provision would allow
appropriate organizations, such as universities, defense labs,
and other performers, to facilitate easy and administratively
efficient purchasing of small dollar items.
The House amendment contained no similar provision.
The House recedes with an amendment to extend the
increase in micro-purchase threshold to all research activities
government-wide.
Improved biosafety for handling of select agents and toxins (sec. 218)
The House amendment contained a provision (sec. 214) that
would direct the Department of Defense to implement several
improvements for handling of select agents and toxins, as
recommended from an Army 15-6 investigative report on the
individual and institutional accountability for the shipment of
viable Bacillus Anthracis from Dugway Proving Ground. This
section would require the Department to implement a quality
assurance and quality control program for any facility
producing biological select agents and toxins, and for the
Secretary of Defense to submit a report to the congressional
defense committees by February 1, 2017, on the potential
consolidation of facilities that work with biological select
agents and toxins. This section would also require the
Comptroller General of the United States to submit a report to
the congressional defense committees by September 1, 2017, on
the effectiveness and completeness of the Department of
Defense's actions taken to address the findings and
recommendations of the Army 15-6 investigation.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Designation of Department of Defense senior official with principal
responsibility for directed energy weapons (sec. 219)
The Senate bill contained a provision (sec. 216) that
would grant rapid acquisition authorities for directed energy
weapons systems to accelerate the development and fielding of
directed energy technology and to help offset the gains of
potential adversaries. The Senate provision would also
establish a joint directed energy program office at the
Department of Defense.
The House amendment contained a provision (sec. 220) that
would require the Secretary of Defense to designate a senior
official already serving within the Department of Defense as a
senior official with principal responsibility for the
development and demonstration of directed energy weapons for
the Department.
The Senate recedes with an amendment that would require
the senior designated official to develop a strategic roadmap
for the development and fielding of directed energy technology
and to accelerate such development and fielding. The amendment
would also rename the joint technology office for high energy
lasers to the joint directed energy transition office, and
would expand its mission to work with the senior designated
official to push the demonstration and transition of directed
energy systems, as well as the development of key technologies.
The conferees expect and encourage the Department of
Defense to use rapid acquisition authorities authorized to the
department in Section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2302 note) to speed the development and deployment of
operational directed energy capabilities. The committee
believes that this provision allows the Secretary of Defense to
better use the range of acquisition authorities already at the
disposal of the department for the purposes of directed energy
weapons system acquisition, including:
(1) Rapid acquisition authority provided under
Section 806;
(2) Use of other transactions authority provided
under section 2371 of Title 10, United States Code;
(3) Simplified acquisition procedures for the
acquisition of commercial items; and
(4) Authority for procurement for experimental
purposes provided under section 2373 of Title 10,
United States Code.
Restructuring of the distributed common ground system of the Army (sec.
220)
The House amendment contained a provision (sec. 219) that
would require the Secretary of the Army to restructure versions
of the distributed common ground system of the Army after
Increment 1. The Secretary of the Army shall discontinue
development of new software code 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; and conduct a review of the
acquisition strategy for the program to ensure that procurement
of commercial software is the preferred method of meeting
program requirements. The Secretary of the Army shall not award
any contract for the development of a new component software
capability if such a capability is already a commercial item.
The Senate bill contained no similar provision.
The Senate recedes with an amendment.
The conferees expect the Secretary of the Army to rapidly
execute this acquisition so as to quickly improve the field
performance of the existing distributed common ground system
for the Army, which we do not believe is adequately serving the
needs of units at division, brigade and battalion levels.
Limitation on availability of funds for countering weapons of mass
destruction system Constellation (sec. 221)
The House amendment contained a provision (sec. 216) that
would prohibit the Department of Defense from obligating or
expending any funds in fiscal year 2017 for research,
development, and prototyping of the countering weapons of mass
destruction situational awareness information system, known as
``Constellation.''
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would limit
half the funds available for Constellation until the Secretary
of Defense provides an independent review and assessment of the
requirements and implementation plan for this system. In
addition congressional defense committees shall receive
periodic updates prior to the completion of the review.
Limitation on availability of funds for Defense Innovation Unit
Experimental (sec. 222)
The House amendment contained a provision (sec. 217) that
would limit the amount of authorized funds available to be
obligated or expended for the Defense Innovation Unit
Experimental (DIUx) to no more than 80 percent until the
Secretary of Defense provides a report to the congressional
defense committees on the charter for and the use of funds to
establish and expand DIUx.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would alter the
amount of funds subject to limitation and add additional
specificity to the reporting requirement.
The conferees remain cautiously optimistic that the
changes to the organizational structure and functions of DIUx
could become important tools for the Department of Defense
(DoD) to engage with new and non-traditional commercial sources
of innovation, as well as rapidly identify and integrate new
technologies into defense systems. The conferees believe that
outreach to commercial companies, small businesses and other
non-traditional defense contractors, in Silicon Valley and
across the nation, will be a key element in all efforts at
modernizing defense systems and pursuing offsetting technology
strategies. However, the conferees are concerned that
investments made by DIUx to-date were not focused on rapid
delivery of much needed game-changing technologies.
Additionally, DIUx's customer base is not as diverse as
expected and includes organizations, such as U.S. Special
Operations Command, with their own acquisition authority and
entity established to leverage innovation. Although the
conferees are not opposed to any organization partnering with
DIUx, the conferees encourage DIUx to establish relationships
with services and other Department of Defense organizations
that do not have their own funding, authorities, and innovation
hubs.
Additionally, the conferees remain concerned that in the
Department's rush to try something new, defense leaders have
not taken the time to determine how effective recent
organizational and management changes are before seeking a
rapid expansion of resources. Nor do the conferees believe that
the Department has postured DIUx to be successful in the
innovation ecosystem with partners across the Department,
finding ways to multiply the effectiveness and networking
potential of DIUx by leveraging the personnel, expertise,
authorities, and resources of existing successful research,
development, innovation, and tech transfer mechanisms. These
existing mechanisms include the Small Business Innovative
Research and Small Business Technology Transition programs, the
Department of Defense research laboratories, and other entities
that look at technology in classified settings.
Additionally, the conferees are concerned that the
Department has found useful mechanisms to identify and engage
with new commercial entities, without making demonstrable
progress in reducing the acquisition and contractual barriers
of entry for these non-traditional providers, as well as all
commercial entities wishing to do business with the Department.
Without such progress, the conferees are concerned that these
non-traditional vendors will become frustrated over time, as
has happened in the past, and will revert back to a posture
that, at best, reluctantly partners in defense work, and at
worst, actively rejects all work with the Department of Defense
because the acquisition system is too burdensome and
bureaucratic.
Limitation on availability of funds for Joint Surveillance Target
Attack Radar System (JSTARS) recapitalization program (sec.
223)
The Senate bill contained a provision (Sec. 146) that
would limit the availability of fiscal year 2017 and beyond
funds for the Joint Surveillance Target Attack Radar System
recapitalization program unless the contract for engineering
and manufacturing development uses a firm fixed price contract
structure.
The House amendment contained no similar provision.
The House recedes with an amendment that provides the
Secretary of Defense with authority to waive the limitation in
the provision if the Secretary determines the waiver is in the
national security interests of the United States, and includes
other minor technical corrections.
The conferees note that to ensure the integrity of the
full and open competition nature of this program, they caution
the Air Force to guard against the potential prejudicing of
this source selection by other Air Force recapitalization
programs.
Acquisition program baseline and annual reports on follow-on
modernization program for F-35 Joint Strike Fighter (sec. 224)
The Senate bill contained a provision (sec. 1087) that
would require the Department of Defense to treat the F-35
Follow-on Modernization program as a separate Major Defense
Acquisition Program (MDAP).
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
requirement to treat the Follow-on Modernization program as a
separate MDAP and require the Secretary of Defense, not later
than March 31, 2017, to submit to the congressional defense
committees a report that contains the basic elements of an
acquisition program baseline for Block 4 modernization.
Subtitle C--Reports and Other Matters
Strategy for assured access to trusted microelectronics (sec. 231)
The House amendment contained a provision (sec. 231) that
would require the Secretary of Defense to develop and implement
a strategy for developing and acquiring trusted
microelectronics from various sources by 2020. The House
provision would further require the Secretary of Defense to
certify by September 30, 2020, that the Department has
implemented the recommendations of the strategy, and has
created an assured means of accessing sufficient supply of
trusted microelectronics.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add
additional elements to the required strategy.
Pilot program on evaluation of commercial information technology (sec.
232)
The House amendment contained a provision (sec. 232) that
would require the Defense Information Systems Agency to
establish a pilot program to evaluate commercially available
information technology tools to better understand and
characterize their potential impact on Department of Defense
networks and computing environments through prototyping,
experimentation, operational demonstration, military user
assessment, or other means to get quantitative and qualitative
feedback on the commercial item.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Pilot program for the enhancement of the research, development, test,
and evaluation centers of the Department of Defense (sec. 233)
The Senate bill contained a provision (sec. 948) that
would allow directors of Department of Defense research and
development laboratories, as well as the director of the
Defense Advanced Research Projects Agency to waive on a
temporary basis regulations, instructions, publications,
policies, and procedures of the Department of Defense as the
director believes appropriate.
The House amendment contained a similar provision (sec.
233) that would allow the services to demonstrate methods for
the more effective development of research, development, test,
and evaluation functions.
The Senate recedes with an amendment that would combine
features of both provisions and create a pilot program open to
research and development laboratories, test and evaluation
centers, and the Defense Advanced Research Projects Agency. The
amended provision would allow directors of these entities to
waive on a temporary basis any regulation, restriction,
requirement, guidance, policy, procedure, or departmental
instruction that would generate greater value and efficiencies
in research and development activities, enable more efficient
and effective operations, and enable more rapid deployment of
warfighter capabilities.
In this provision, the conferees expect the secretaries
of the services to ensure that participation in the program
includes at least five science and technology reinvention
laboratories and at least five test and evaluation centers from
each service with the highest likelihood to use innovatively
the authority for this new management flexibility to
demonstrate the value for the entire Department.
In addition, the conferees expect that the assistant
secretaries of the services will work with their appropriate
counterparts within the services to complete evaluation of
waiver requests in a timely and responsive manner.
Pilot program on modernization and fielding of electromagnetic spectrum
warfare systems and electronic warfare capabilities (sec. 234)
The Senate bill contained a provision (sec. 897) that
would stipulate that funds for electromagnetic spectrum warfare
systems and EW systems may be used for the development and
fielding of such systems. The provision would also amend
section 806(c)(1) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314) to
add a new subparagraph addressing the rapid acquisition of
electronic warfare capabilities.
The House amendment contained a provision (sec. 234) that
would authorize the Secretary of Defense to carry out a pilot
program on the modernization of electromagnetic spectrum
warfare systems and electronic warfare (EW) systems. The House
provision would direct the Electronic Warfare Executive
Committee (EWEC) to select a total of five such systems
currently in sustainment for modernization under the pilot
program.
The Senate recedes with an amendment that would including
fielding of EW systems, increases the number of systems to be
selected for the pilot program from 5 to 10, adds a termination
date of September 30, 2023 to the pilot program, and authorizes
appropriated electromagnetic spectrum warfare and electronic
warfare funds to be used for the development and fielding of
electromagnetic spectrum warfare systems and electronic warfare
capabilities.
Pilot program on disclosure of certain sensitive information to
federally funded research and development centers (sec. 235)
The Senate bill contained a provision (sec. 218) that
would permit the Department of Defense to provide personnel of
a Defense federally-funded research and development center with
access to sensitive information necessary to carry out their
assigned duties and functions.
The House amendment contained no similar provision.
The House recedes with an amendment to clarify certain
elements of the program and further prevent any unauthorized
disclosure of sensitive information.
Pilot program on enhanced interaction between the Defense Advanced
Research Projects Agency and the service academies (sec. 236)
The Senate bill contained a provision (sec. 219) that
would authorize the Secretary of Defense to establish a pilot
program to assess the feasibility and advisability of enhanced
interaction between the Defense Advanced Research Projects
Agency and the military service academies.
The House amendment contained no similar provision.
The House recedes with technical amendments to streamline
the pilot program.
Independent review of F/A-18 physiological episodes and corrective
actions (sec. 237)
The House amendment contained a provision that would
require the Secretary of the Navy to establish an independent
review team to review the Navy's data on, and mitigation
efforts related to, the increase in F/A-18 physiological events
since January 1, 2009 and submit a report on the findings of
said review team.
The Senate bill contained no similar provision.
The Senate recedes.
B-21 bomber development program accountability matrices (sec. 238)
The Senate bill contained a provision (Sec. 844) that
would establish specific cost growth thresholds and cost
controls for the Air Force's B-21 bomber program, directs the
Secretary of the Air Force to provide quarterly program
performance data to the Comptroller General of the United
States, and directs the transfer of the difference between the
Department of Defense's annual program budget funding amount
and the contract award value to the Defense Rapid Prototyping
Fund for each budget year submission.
The House amendment contained no similar provision.
The House recedes with an amendment that strikes the cost
growth thresholds and cost controls, and strikes the
requirement to transfer funds into the Defense Rapid
Prototyping Fund. The amendment also changes the program
performance data submission from a quarterly to semi-annual
reporting frequency, and includes other minor technical
corrections.
Study on helicopter crash prevention and mitigation technology (sec.
239)
The House amendment contained a provision (Sec. 236) that
would require the Secretary of Defense 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.
The Senate bill contained no similar provision.
The Senate recedes.
Strategy for improving electronic and electromagnetic spectrum warfare
capabilities (sec. 240)
The House amendment contained a provision (sec. 237) that
would require the Under Secretary of Defense for Acquisition,
Technology, and Logistics, acting through the Electronic
Warfare Executive Committee, to submit to the congressional
defense committees a report by April 1, 2017, on future
electronic warfare concepts and technologies.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
strategy for improving electronic and electromagnetic spectrum
warfare capabilities.
Sense of Congress on development and fielding of fifth generation
airborne systems (sec. 241)
The Senate bill contained a provision (Sec. 1057) that
would express the sense of the Senate on the definition of and
need for continued prioritization, development, and fielding of
fifth-generation airborne capabilities.
The House amendment contained no similar provision.
The House recedes with an amendment that replaces the
term ``the Senate'' with ``Congress'' in each instance where it
occurs in the title and body of the provision, and includes
other minor technical corrections.
Legislative Provisions Not Adopted
Report on cost of B-21 aircraft
The Senate bill contained a provision (Sec. 217) that
would limit the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2017 to be made
available for the B-21 Engineering and Manufacturing
Development (EMD) program until the Air Force releases the
value of the B-21 EMD contract award made on October 27, 2015,
to the congressional defense committees.
The House amendment contained a similar provision (Sec.
136) that would require the Secretary of Defense to submit to
the congressional defense committees a report on the cost of
the B-21 aircraft.
The Senate recedes.
The House recedes.
Neither provision was adopted.
Title III--Operation and Maintenance
Subtitle A--Authorization of Appropriations
Authorization of appropriations (sec. 301)
The Senate bill contained a provision (sec. 301) that
would authorize appropriations for operation and maintenance
activities at the levels identified in section 4301 of division
D of this Act.
The House amendment contained an identical provision
(sec. 301).
The conference agreement includes this provision.
Subtitle B--Energy and the Environment
Modified reporting requirement related to installations energy
management (sec. 311)
The Senate bill contained a provision (sec. 302) that
would amend subsection (a) of section 2925 of title 10, United
States Code, by significantly reducing the contents of the
Department of Defense's Annual Energy Management Report.
The House amendment contained a similar provision (sec.
331) that would modify subsection (a) and (b) of section 2925
of title 10, United States Code, to modify and extend, with a
sunset date of January 31, 2021, the ``Annual Report Related to
Installations Energy Management'' and the ``Annual Report
Related to Operational Energy.''
The House recedes with a technical amendment.
Waiver authority for alternative fuel procurement requirement (sec.
312)
The House amendment contained a provision (sec. 311) that
would amend section 526 of the Energy Independence and Security
Act of 2007 (Public Law 110-140) to clarify that this section
shall not be construed as a constraint on any conventional or
unconventional fuel procurement necessary for military
operations.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Secretary of Defense to waive section 526 of the Energy
Independence and Security Act of 2007 if in the interest of
national security.
Utility data management for military facilities (sec. 313)
The Senate bill contained a provision (sec. 304) that
would direct the Department of Defense, in consultation with
the Department of Energy, to develop a pilot program to
investigate the utilization of utility data management services
to perform utility bill aggregation, analysis, third-party
payment, storage and distribution.
The House amendment contained no similar provision.
The House recedes with an amendment that would provide
permissive authority to the Secretary of Defense to develop a
utility data management program with a funding cap of $250,000.
Alternative technologies for munitions disposal (sec. 314)
The House amendment contained a provision (sec. 313) that
authorizes the Secretary of the Army to consider using cost-
competitive technologies that minimize waste generation and air
emissions as alternatives to disposal of conventional munitions
by open burning, open detonation, direct contact combustion,
and incineration.
The Senate bill contained no similar provision.
The Senate recedes.
Report on efforts to reduce high energy costs at military installations
(sec. 315)
The Senate bill contained a provision (sec. 303) that
would require the Under Secretary of Defense for Acquisition,
Technology, and Logistics, in consultation with the assistant
secretaries responsible for energy installations and
environment for the military services and the Defense Logistics
Agency, to conduct an assessment of the efforts to achieve cost
savings at military installations with high energy costs.
The House amendment contained no similar provision.
The House recedes with an amendment to clarify the focus
on installations with high levels of energy intensity.
Sense of Congress on funding decisions relating to climate change (sec.
316)
The House amendment contained a provision (sec. 315) that
would prohibit the Department of Defense from obligating or
expending any funds in fiscal year 2017 to carry out sections
2, 3, 4, 5, 6(b) (iii), and 6(c) of Executive Order 13653 and
sections 2, 3, 7, 8, 9, 10, 11, 12, 13, 14, and 15(b) of
Executive Order 13693.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would provide
the Sense of Congress that Fiscal Year 2017 funding decisions
for the Department should be based on supporting and increasing
combat capability, in addition to constantly seeking efficiency
and efficacy. Additionally, the Department's programs should
allocate funds in a manner that best serves our national
security interests. Accordingly, the conferees believe that the
collective issues regarding energy efficiency, energy use, and
climate change should adhere to these principles.
Subtitle C--Logistics and Sustainment
Revision of deployability rating system and planning reform (sec. 321)
The Senate bill contained a provision (sec. 311) that
would amend Chapter 1003 of title 10, United States Code,
requiring the Secretary of the Army to maintain a system for
identifying the priority of deployment for units of all
components of the Army.
The House amendment contained an identical provision
(sec. 523).
The conference agreement includes this provision.
Revision of guidance related to corrosion control and prevention
executives (sec. 322)
The Senate bill contained a provision (sec. 312) that
would require the Under Secretary of Defense for Acquisition,
Technology, and Logistics, in coordination with the Director of
Corrosion Policy and Oversight, to revise corrosion-related
guidance to clearly define the role of the corrosion control
and prevention executives of the military departments in
assisting the Office of Corrosion Policy and Oversight.
The House amendment contained no similar provision.
The House recedes.
Pilot program for inclusion of certain industrial plants in the
Armament Retooling and Manufacturing Support Initiative (sec.
323)
The House amendment contained a provision (sec. 321) that
would establish a pilot program for a period of five years
requiring the Secretary of Defense to treat all government-
owned, contractor-operated (GOCO) industrial plants of the
Department of the Army as an eligible facility under section
4551(2) of title 10, United States Code.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment that would
provide permissive authority to the Secretary of Defense to
consider all government-owned, contractor operated industrial
plants for all military services within the Department of
Defense as an eligible facility under section 4551(2) of title
10, United States Code, as part of a pilot program for a period
of five years.
The conferees note this provision does not authorize GOCO
industrial plants' use of Army Working Capital Funds.
Repair, recapitalization, and certification of dry docks at naval
shipyards (sec. 324)
The Senate bill contained a provision (sec. 313) that
would authorize amounts available as foreign currency
fluctuation savings as specified in the funding table in
section 4301 to be authorized to be appropriated for fiscal
year 2017 by section 301 for operation and maintenance to be
made available for the repair, recapitalization, and
certification of dry docks at government-owned and government-
operated naval shipyards.
The House amendment contained no similar provision.
The House recedes with a technical amendment that would
authorize the Secretary of Defense to transfer up to $250
million of authorizations made available in this Act to the
Department of Defense towards the repair, recapitalization, and
certification of dry docks at government-owned and government-
operated naval shipyards and if such a transfer occurs, the
Secretary of Defense shall promptly notify Congress of the
transfer.
Private sector port loading assessment (sec. 325)
The House amendment contained a provision (sec. 322) that
would require the Secretary of the Navy to conduct quarterly
assessments of naval ship maintenance and loading activities
carried out by private sector entities at each covered port.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment that would
remove the Sense of Congress.
Strategy on revitalizing Army organic industrial base (sec. 326)
The House amendment contained a provision (sec. 332) that
would require the Secretary of Defense to provide a report on
certain equipment purchased from foreign entities with an
assessment of how that work could be performed by the Army
arsenals and establish a pilot program for the period of two
years to allow the Army arsenals to adjust their labor rates
through the fiscal year.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment that would
expand the report to include the Department of Defense organic
industrial base in its entirety and strike the pilot program
for adjustable labor rates.
Subtitle D--Reports
Modifications to Quarterly Readiness Report to Congress (sec. 331)
The Senate bill contained a provision (sec. 321) that
would amend subsection (a) of section 482 of title 10, United
States Code, modifying the Department of Defense's requirements
for the Quarterly Readiness Report to Congress.
The House amendment contained no similar provision.
The House recedes.
Report on average travel costs of members of the reserve components
(sec. 332)
The House amendment contained a provisions (sec. 333)
that would require the Secretary of Defense to submit a report
to the congressional defense committees on the travel expenses
of members of the reserve components performing certain
service, to include the average annual cost for all travel
expenses for a member of a reserve component.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the report be executed by the Comptroller General of the United
States.
Report on HH-60G sustainment and Combat Rescue Helicopter program (sec.
333)
The Senate bill contained a provision (sec. 322) that
would require the Secretary of Defense to report to the
congressional defense committees a plan to modernize, train,
and maintain the HH-60 fleet.
The House amendment contained no similar provision.
The House recedes.
Subtitle E--Other Matters
Air navigation matters (sec. 341)
The Senate bill contained a provision (sec. 333) that
would amend Section 358 of the National Defense Authorization
Act for fiscal year 2011 (Public Law 111-383) to ensure that
due diligence and proper assessment is given so energy projects
do not interfere with operational training of the military
services.
The House amendment contained a similar provision (sec.
343) that would amend section 44718 of title 49, United States
Code, to authorize the Secretary of Transportation to include
the interests of national security, as determined by the
Secretary of Defense, in the Secretary's aeronautical studies
and reports required under this statute.
The Senate recedes with an amendment that would include
the due diligence and proper assessment to ensure energy
projects do not interfere with operational training, and would
amend title 49, United States Code, to require the Secretary of
Transportation to review flight path changes at civilian
airports to determine if recent adjustments have had an impact
on local communities.
Contract working dogs (sec. 342)
The Senate bill contained a provision (sec. 337) that
would amend Section 2583(h) of title 10, United States Code,
and require each future contract with a provider of tactical
explosive detection dogs to include a provision requiring the
contractor to transfer the dog to the 341st Training Squadron
after the animal's service life.
The House amendment contained no similar provision.
The House recedes with a technical amendment that would
include the terminology a working dog that is ``trained and
kenneled by an entity that provides such a dog pursuant to such
a contract.''
Plan, funding documents, and management review relating to explosive
ordnance disposal (sec. 343)
The House amendment contained a provision (sec. 342) that
would establish a joint Explosive Ordnance Disposal (EOD)
program, with the Navy as executive agent for the Department of
Defense, to coordinate and integrate research, development, and
procurement for EOD defense programs. This section would also
require the Secretary of Defense to conduct a review of the
management structure of the program and to brief the results of
the review to the Committees on Armed Services of the Senate
and the House of Representatives by May 1, 2018.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of Defense to develop a plan to create an EOD
program, in addition to requiring the Secretary of Defense to
identify EOD funding documents in all military services and to
conduct an EOD management review. The amendment also requires
the Secretary of Defense to brief both the results of the
management review and the details of the plan to the Committees
on Armed Services of the Senate and the House of
Representatives by March 1, 2017.
Process for communicating availability of surplus ammunition (sec. 344)
The House amendment contained a provision (sec. 351) that
would require the Secretary of Defense to implement a formal
process for communicating to other Federal Government agencies
the availability of surplus, serviceable ammunition from the
Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes.
Mitigation of risks posed by window coverings with accessible cords in
certain military housing units (sec. 345)
The Senate bill contained a provision (sec. 336) that
would direct the Secretary of Defense to remove and replace
window coverings with accessible cords from military housing
units in which children under the age of 9 reside and require
housing contractors to phase out window coverings with
accessible cords.
The House amendment contained no similar provision.
The House recedes with an amendment that would ensure
that the requirement would be applied to contracts for housing
units going forward and would not violate existing contract
terms.
Access to military installations by transportation companies (sec. 346)
The Senate bill contained a provision (sec. 339) that
would require the Secretary of Defense to establish policies,
terms, and conditions under which online transportation
networks and their drivers shall be permitted access to
military installations to serve base personnel.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense, within one year of enactment, to
establish policies under which covered drivers may be
authorized to access military installations.
Access to wireless high-speed Internet and network connections for
certain members of the Armed Forces (sec. 347)
The House amendment contained a provision (sec. 350) that
would encourage the Secretary of Defense to provide members of
the Armed Forces who are deployed overseas at any United States
military facility access to high-speed internet and network
connections without charge.
The Senate bill contained no similar provision.
The Senate recedes.
Limitation on availability of funds for Office of the Under Secretary
of Defense for Intelligence (sec. 348)
The House amendment contained a provision (sec. 347) that
would limit the obligation or expenditure of 15 percent of the
funds authorized to be appropriated for Operation and
Maintenance, Defense-Wide, for the Office of the Under
Secretary of Defense for Policy for fiscal year 2017, until the
Secretary of Defense establishes and implements a process by
which members of the Armed Forces may carry 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).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would limit the
obligation or expenditure of 10 percent of the funds authorized
to be appropriated for Operation and Maintenance, Defense-Wide,
for the Office of the Under Secretary of Defense for
Intelligence for fiscal year 2017, until the Secretary of
Defense issues guidance on the process by which members of the
Armed Forces may carry an appropriate firearm on a military
installation, as required by section 526 of the National
Defense Authorization Act for Fiscal Year 2016. The conferees
note that the Under Secretary of Defense for Intelligence is
the official responsible to provide the Secretary of Defense
recommendations for the policy and regulations implementing the
process required under section 526 of the National Defense
Authorization Act for Fiscal Year 2016.
Limitation on development and fielding of new camouflage and utility
uniforms (sec. 349)
The Senate bill contained a provision (sec. 332) that
would restrict funds to be obligated or expended for the
development or fielding of new camouflage or utility uniforms
or families of uniforms until one year after the Secretary of
Defense notifies the congressional defense committees of the
proposed development or fielding.
The House amendment contained no similar provision.
The House recedes.
Plan for improved dedicated adversary air training enterprise of the
Air Force (sec. 350)
The Senate bill contained a provision (Sec. 334) that
would direct the Chief of Staff of the Air Force to submit to
the Committees on Armed Services of the Senate and the House of
Representatives, not later than March 3, 2017, a resource ready
and executable plan and briefing for developing and emplacing a
modernized dedicated adversary air training enterprise to
support the full spectrum air combat readiness of the United
States Air Force.
The House amendment contained no similar provision.
The House recedes with minor technical corrections.
Independent review and assessment of the Ready Aircrew Program of the
Air Force (sec. 351)
The Senate bill contained a provision (Sec. 335) that
would direct the Secretary of the Air Force to commission an
independent review and assessment of the assumptions underlying
the Air Force's annual continuation training requirements, and
the efficacy of the overall Ready Aircrew Program in the
management of the Air Force's aircrew training requirements.
The House amendment contained no similar provision.
The House recedes with minor technical corrections.
Study on space-available travel system of the Department of Defense
(sec. 352)
The House amendment contained a provision (sec. 345) that
would require the Secretary of Defense to conduct a study of
the space-available travel system and to provide the result of
the study to the congressional defense committees within 180
days after entering into a contract with a federally funded
research and development center to conduct the study.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the study to consider the feasibility and the impact on the
space-available system of extending eligibility for space-
available travel to members or former members of the armed
forces with a disability rated as total, on the same basis as
such transportation is provided to members of the Armed Forces
entitled to retired or retainer pay.
Evaluation of motor carrier safety performance and safety technology
(sec. 353)
The House amendment contained a provision (sec. 348) that
would require the Secretary of Defense to evaluate the need for
proven safety technology such as electronic logging devices,
roll stability control, forward collision avoidance, lane
departure warning systems, and speed limiters in vehicles
transporting Transportation Protective Services shipments.
The Senate bill contained no similar position.
The Senate recedes with a clarifying amendment that would
strike the Sense of Congress but still include the findings of
the Government Accountability Office (GAO) report, GAO 16-82.
Legislative Provisions Not Adopted
Increase in funding for civil military programs
The House amendment contained a provision (sec. 302) that
would increase funding for the National Guard Youth Challenge
Program by $15.0 million by taking a reduction from Defense-
wide Operations and Maintenance funding.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the National Guard Youth
Challenge program is fully funded in the conference agreement
at the President's budget request level.
Linear LED lamps
The Senate bill contained a provision (sec. 305) that
would amend section 2-4.1.1.2 of the Department of Defense's
Unified Facilities Criteria to allow linear light emitting
diode lamps for facilities and installation retrofits.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the Department of the Navy has
safely adopted the use of linear light emitting diode lamps for
facilities and installation retrofits. The conferees encourage
all of the military services to do so in a safe and effective
manner, in order to consume less energy and realize life-cycle
cost savings.
Production and use of natural gas at Fort Knox
The House amendment contained a provision (sec. 312) that
would amend chapter 449 of title 10, United States Code, to
grant the Secretary of the Army authority to provide for the
production and management of natural gas located under Fort
Knox, Kentucky.
The Senate bill contained no similar provision.
The House recedes.
Sense of Congress on perfluorinated chemicals
The House amendment contained a provision (sec. 314) that
would express the sense of Congress that the Department of
Defense should work with State and local health officials to
prevent human exposure to perfluorinated chemicals.
The Senate bill contained no similar provision.
The House recedes.
Limitation on availability of funds for Defense Contract Management
Agency
The House amendment contained a provision (sec. 323) that
would limit funding for the Defense Contract Management Agency
(DCMA) until the DCMA Director provides a briefing to the
Committees on Armed Services of the Senate and the House of
Representatives on the agency's plan to foster the adoption,
implementation, and verification of the Department of Defense's
revised Item Unique Identification policy across the Department
and the defense industrial base.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the importance of use of Item Unique
Identification within the Department of Defense and direct the
Secretary of Defense to provide a briefing to the Committees on
Armed Services of the Senate and the House of Representatives
on the agency's plan to foster the adoption, implementation,
and verification of the Department of Defense's revised Item
Unique Identification policy no later than 45 days after
enactment of this Act.
Repurposing and reuse of surplus military firearms
The Senate bill contained a provision (sec. 331) that
would require the Secretary of the Army to transfer all excess
firearms, related spare parts and components, small arms
ammunition, and ammunition components currently stored at
Defense Distribution Depot, Anniston, Alabama to Rock Island
Arsenal to be melted and repurposed for military use for re-
forging of new firearms or related components and force
protection barriers and security bollards. The provision would
also authorize the Secretary of the Navy to transfer M-1 Garand
and caliber .22 rimfire rifles held within the inventories of
the United States Navy and the United States Marine Corps and
stored at Defense Distribution Depot, Anniston, Alabama, or
Naval Surface Warfare Center, Crane, Indiana to the Corporation
for the Promotion of Rifle Practice and Firearms Safety to be
used as awards for competitors in marksmanship competitions
held by the United States Marine Corps or United States Navy.
The House amendment contained no similar provision.
The Senate recedes.
STARBASE Program
The Senate bill contained a provision (sec. 338) that
would express a sense of Congress on the importance of the
Starbase program.
The House amendment contained no similar provision.
The Senate recedes.
The conferees agree to continue funding for the Starbase
program and to include an appropriate funding level in the
budget tables of this bill.
Explosive Ordnance Disposal Corps
The House amendment contained a provision (sec. 341) that
would amend section 3063 of title 10, United States Code, to
add Explosive Ordnance Disposal Corps to the list of Army
branches.
The Senate bill contained no similar provision.
The House recedes.
Development of personal protective equipment for female Marines and
soldiers
The House amendment contained a provision (sec. 344) that
would require the Secretary of the Navy and the Commandant of
the Marine Corps to work in coordination with the Secretary of
the Army to develop a joint acquisition strategy to provide
more effective personal protective equipment and organizational
clothing and equipment to meet the specific and unique
requirements for female Marines and soldiers.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that both the committee report (H.
Rept. 114-537) accompanying the National Defense Authorization
Act for Fiscal Year 2017 and the committee report (S. Rept.
114-255) accompanying the National Defense Authorization Act
for Fiscal Year 2017 contained directive report language
requiring the Secretary of Defense to report on the plans for
programming, budgeting, requirements, and procurement of female
specific equipment including helmets, combat clothing, body
armor, footwear, and other critical safety item equipment
categories. The conferees remained concerned that currently
available items of personal protective equipment (PPE) and
organizational clothing and individual equipment (OCIE) may not
meet the specific and unique requirements for female combat
troops. The conferees expect the Secretary of Defense to
consider development and use of joint acquisition strategies
for this equipment as part of the two reporting requirements.
Supply of specialty motors from certain manufacturers
The House amendment contained a provision (sec. 346) that
would exempt certain small business manufacturers of specialty
motors from the requirements of section 431.25 of title 10,
Code of Federal Regulations, regarding energy conservation
standards.
The Senate bill contained no similar provision.
The House recedes.
Briefing on well-drilling capabilities of active duty and reserve
components
The House amendment contained a provision (sec. 349) that
would require the Secretary of Defense to provide a briefing on
the well-drilling capabilities of active and reserve
components, including details on training requirements and
locations.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, not later
than March 1, 2017, to provide the congressional defense
committees with a briefing on the well drilling capabilities of
active duty and reserve forces. The briefing should include a
description of the training requirements of active and reserve
units with well-drilling capabilities, the locations at which
such units conduct training related to well-drilling, and the
cost of feasibility of rotating training locations of such
units to areas in the United States that are affected by
drought conditions.
Increase in funding for National Guard counter-drug programs
The House amendment contained a provision (sec. 352) that
would increase funding to support the National Guard counter-
drug program by $30 million.
The Senate bill contained no similar provision.
The House recedes.
Title IV--Military Personnel Authorizations
Subtitle A--Active Forces
End strength for active forces (sec. 401)
The Senate bill contained a provision (sec. 401) that
would authorize active-duty end strengths for fiscal year 2017
as follows: Army 460,000; Navy 322,900; Marine Corps 182,000;
Air Force 317,000.
The House amendment contained a provision (sec. 401) that
would authorize active-duty end strengths for fiscal year 2017
as follows: Army 480,000; Navy 324,615; Marine Corps 185,000;
Air Force 321,000.
The Senate recedes with an amendment that would authorize
active-duty end strengths for fiscal year 2017 as follows: Army
476,000; Navy 323,900; Marine Corps 185,000; Air Force 321,000.
The committee recommends a provision that would authorize
active-duty end strengths for fiscal year 2017, as shown below:
----------------------------------------------------------------------------------------------------------------
FY 2017 Change from
FY 2016 ---------------------------------------------------------------
Service Authorized FY 2017 FY 2016
Request Recommendation Request Authorized
----------------------------------------------------------------------------------------------------------------
Army............................ 475,000 460,000 476,000 +16,000 +1,000
Navy............................ 329,200 322,900 323,900 +1,000 -5,300
Marine Corps.................... 184,000 182,000 185,000 +3,000 +1,000
Air Force....................... 320,715 317,000 321,000 +4,000 +285
-------------------------------------------------------------------------------
DOD Total................... 1,308,915 1,281,900 1,305,900 +24,000 -3,015
----------------------------------------------------------------------------------------------------------------
Revisions in permanent active duty end strength minimum levels (sec.
402)
The House amendment contained a provision (sec. 402) that
would establish new minimum active-duty end strengths for the
Army, Navy, Marine Corps, and Air Force as of September 30,
2017.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Reserve Forces
End strengths for Selected Reserve (sec. 411)
The Senate bill contained a provision (sec. 411) that
would authorize the following end strengths for Selected
Reserve personnel of the Armed Forces as of September 30, 2017:
the Army National Guard, 335,000; the Army Reserve, 195,000;
the Navy Reserve, 58,000; the Marine Corps Reserve, 38,500; the
Air National Guard of the United States, 105,700; the Air Force
Reserve, 69,000; and the Coast Guard Reserve, 7,000.
The House amendment contained a provision (sec. 411) that
would authorize the following end strengths for Selected
Reserve personnel of the Armed Forces as of September 30, 2017:
the Army National Guard, 350,000; the Army Reserve, 205,000;
the Navy Reserve, 58,000; the Marine Corps Reserve, 38,500; the
Air National Guard of the United States, 105,700; the Air Force
Reserve, 69,000; and the Coast Guard Reserve, 7,000.
The Senate recedes with an amendment that would authorize
the following end strengths for Selected Reserve personnel of
the Armed Forces as of September 30, 2017: the Army National
Guard, 343,000; the Army Reserve, 199,000; the Navy Reserve,
58,000; the Marine Corps Reserve, 38,500; the Air National
Guard of the United States, 105,700; the Air Force Reserve,
69,000; and the Coast Guard Reserve, 7,000.
The committee recommends a provision that would authorize
Selected Reserve end strengths for fiscal year 2017, as shown
below:
----------------------------------------------------------------------------------------------------------------
FY 2017 Change from
FY 2016 ---------------------------------------------------------------
Service Authorized FY 2017 FY 2016
Request Recommendation Request Authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard............. 342,000 335,000 343,000 +8,000 +1,000
Army Reserve.................... 198,000 195,000 199,000 +4,000 +1,000
Navy Reserve.................... 57,400 58,000 58,000 0 +600
Marine Corps Reserve............ 38,900 38,500 38,500 0 -400
Air National Guard.............. 105,500 105,700 105,700 0 +200
Air Force Reserve............... 69,200 69,000 69,000 0 -200
-------------------------------------------------------------------------------
DOD Total................... 811,000 801,200 813,200 +12,000 +2,200
Coast Guard Reserve............. 7,000 7,000 7,000 0 0
----------------------------------------------------------------------------------------------------------------
End strengths for Reserves on active duty in support of the reserves
(sec. 412)
The Senate bill contained a provision (sec. 412) that
would authorize the following end strengths for Reserves on
Active Duty in support of the reserve components as of
September 30, 2017: the Army National Guard of the United
States, 30,155; the Army Reserve, 16,261; The Navy Reserve,
9,955; the Marine Corps Reserve, 2,261; the Air National Guard
of the United States, 14,764; and the Air Force Reserve, 2,955.
The House amendment contained an identical provision
(sec. 412).
The conference agreement includes this provision.
End strength levels for the reserves on active duty in
support of the reserves for fiscal year 2017 are set forth in
the following table:
----------------------------------------------------------------------------------------------------------------
FY 2017 Change from
FY 2016 ---------------------------------------------------------------
Service Authorized FY 2017 FY 2016
Request Recommendation Request Authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard............. 30,770 30,155 30,155 0 -615
Army Reserve.................... 16,261 16,261 16,261 0 0
Navy Reserve.................... 9,934 9,955 9,955 0 +21
Marine Corps Reserve............ 2,260 2,261 2,261 0 +1
Air National Guard.............. 14,748 14,764 14,764 0 +16
Air Force Reserve............... 3,032 2,955 2,955 0 -77
-------------------------------------------------------------------------------
DOD Total................... 77,005 76,351 76,351 0 -654
----------------------------------------------------------------------------------------------------------------
End strengths for military technicians (dual status) (sec. 413)
The House amendment contained a provision (sec. 413) that
would authorize the following end strengths for military
technicians (dual status) as of September 30, 2017: the Army
National Guard of the United States, 25,507; the Army Reserve,
7,570; the Air National Guard of the United States, 22,103; and
the Air Force Reserve, 10,061.
The Senate bill contained a similar provision (sec. 413)
that would authorize variance from the end strengths described
above in accordance with the variance authorities found in
subsections (f)(1) and (g)(1)(B) of section 115 of title 10,
United States Code.
The House recedes.
End strength levels for military technicians (dual
status) for fiscal year 2017 are set forth in the following
table:
----------------------------------------------------------------------------------------------------------------
FY 2017 Change from
FY 2016 ---------------------------------------------------------------
Service Authorized FY 2017 FY 2016
Request Recommendation Request Authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard............. 26,099 25,507 25,507 0 -592
Army Reserve.................... 7,395 7,570 7,570 0 +175
Air National Guard.............. 22,104 22,103 22,103 0 -1
Air Force Reserve............... 9,814 10,061 10,061 0 +247
-------------------------------------------------------------------------------
DOD Total................... 65,412 65,241 65,241 0 -171
----------------------------------------------------------------------------------------------------------------
Fiscal year 2017 limitation on number of non-dual status technicians
(sec. 414)
The Senate bill contained a provision (sec. 414) that
would authorize the following personnel limits for the reserve
components of the Army and Air Force for non-dual status
technicians as of September 30, 2017: the Army National Guard
of the United States, 1,600; the Air National Guard of the
United States, 350; the Army Reserve, 595; and the Air Force
Reserve, 90.
The House amendment contained an identical provision
(sec. 414).
The conference agreement includes this provision.
End strength levels for the non-dual status technicians
for fiscal year 2017 are set forth in the following table:
----------------------------------------------------------------------------------------------------------------
FY 2017 Change from
FY 2016 ---------------------------------------------------------------
Service Authorized FY 2017 FY 2016
Request Recommendation Request Authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard............. 1,600 1,600 1,600 0 0
Air National Guard.............. 350 350 350 0 0
Army Reserve.................... 595 420 420 0 -175
Air Force Reserve............... 90 90 90 0 0
-------------------------------------------------------------------------------
DOD Total................... 2,635 2,460 2,460 0 -175
----------------------------------------------------------------------------------------------------------------
Maximum number of reserve personnel authorized to be on active duty for
operational support (sec. 415)
The Senate bill contained a provision (sec. 415) that
would authorize the maximum number of reserve component
personnel who may be on Active Duty or full-time National Guard
duty under section 115(b) of title 10, United States Code,
during fiscal year 2017 to provide operational support.
The House amendment contained an identical provision
(sec. 415).
The conference agreement includes this provision.
End strength levels for reserve personnel authorized to
be on Active Duty for operational support for fiscal year 2017
are set forth in the following table:
----------------------------------------------------------------------------------------------------------------
FY 2017 Change from
FY 2016 ---------------------------------------------------------------
Service Authorized FY 2017 FY 2016
Request Recommendation Request Authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard............. 17,000 17,000 17,000 0 0
Army Reserve.................... 13,000 13,000 13,000 0 0
Navy Reserve.................... 6,200 6,200 6,200 0 0
Marine Corps Reserve............ 3,000 3,000 3,000 0 0
Air National Guard.............. 16,000 16,000 16,000 0 0
Air Force Reserve............... 14,000 14,000 14,000 0 0
-------------------------------------------------------------------------------
DOD Total................... 69,200 69,200 69,200 0 0
----------------------------------------------------------------------------------------------------------------
Technical corrections to annual authorization for personnel strengths
(sec. 416)
The Senate bill contained a provision (sec. 416) that
would make a technical correction to section 115 of title 10,
United States Code.
The House amendment contained an identical provision
(sec. 521).
The conference agreement includes this provision.
Subtitle C--Authorization of Appropriations
Military personnel (sec. 421)
The Senate bill contained a provision (sec. 421) that
would authorize appropriations for military personnel at the
levels identified in the funding table in section 4401 of this
Act.
The House amendment contained an identical provision
(sec. 421).
The conference agreement includes this provision.
Legislative Provisions Not Adopted
Sense of Congress on full-time support for the Army National Guard
The House amendment contained a provision (sec. 416) that
would express a sense of Congress that an adequately supported,
full-time support force consisting of active and reserve
personnel and military technicians for the Army National Guard
is essential to maintaining the readiness of the Army National
Guard.
The Senate bill contained no similar provision.
The House recedes.
Title V--Military Personnel Policy
Subtitle A--Officer Personnel Policy
Reduction in number of general and flag officers on active duty and
authorized end strength after December 31, 2022, of such
general and flag officers (sec. 501)
The Senate bill contained a provision (sec. 501) that
would add a new section 525a to title 10, United States Code,
to establish the authorized distribution of general and flag
officers for the Army, Navy, Marine Corps, and Air Force and to
require a 25 percent reduction in the number of general and
flag officers in the military departments. The provision would
also sunset the authorized distribution of general and flag
officers in section 525 of title 10, after December 31, 2017.
The amendment would add a new section 526a to title 10,
United States Code, to limit the number of general and flag
officers on Active Duty in the military departments and to
exclude from those limits the specified number of general and
flag officers serving in joint duty assignments and to require
a 25 percent reduction in the number of general and flag
officers in the military departments and the joint pool. The
provision would also sunset the authorized distribution of
general and flag officers in section 526 of title 10, after
December 31, 2017.
The amendment would add a new section 12004a to title 10
United States Code, to require a 25 percent reduction in the
number of general and flag officers in active status in the
reserve component, including general officers of the National
Guard of the States and territories and general officers
serving in the National Guard Bureau, but excluding officers
serving as adjutants general or assistant adjutants general of
a state. The provision would also sunset the authorized
distribution of general and flag officers in section 12004 of
title 10, after December 31, 2017.
The House amendment included a provision (sec. 910) that
would amend section 164(e) of title 10, United States Code, to
specify that the grade of an officer serving as commander of a
service or functional component command shall be no higher than
lieutenant general or vice admiral. The provision would further
require that the total number of officers in the grade of
general or admiral on active duty be reduced by five positions,
and to require a report to the congressional defense committees
on the Department's plan to implement those reductions.
The House recedes with an amendment that would create a
new section 526a of title 10, United States Code, to establish
authorized end strength of general and flag officers, to
reflect a reduction of 110 general and flag officers on active
duty by not later than December 31, 2022, and to redistribute
authorized general and flag officers across the military
departments and the joint pool.
The amendment would require the Secretary of Defense to
conduct a study of general and flag officer requirements with a
goal of identifying and justifying each general or flag officer
position in terms of overall force structure, scope of
responsibility, command and control requirements, and force
readiness execution and to identify an additional 10 percent
reduction in the number of general and flag officers above the
reduction of 110 billets. The results of the study shall be
submitted to the Committees on Armed Services of the Senate and
the House of Representatives no later than April 1, 2017. If
practicable, an interim report shall be submitted to the
Committees on Armed Forces of the Senate and the House of
Representatives on the progress of the completion of the study
and recommendations for achieving the additional 10% reductions
in the number of general and flag officer positions.
The provision would also require the Secretary of Defense
to submit to Congress with the budget for the Department of
Defense for fiscal year 2019 a plan to achieve the reduction of
110 general and flag officers and the proposed distribution of
authorized general and flag officer positions to achieve
prescribed levels by December 31, 2022. Progress reports on
implementing the required plan for reductions would be required
with the budget of the Department of Defense for fiscal years
2020, 2021, and 2022. The provision would require the Secretary
of Defense to revise applicable guidance of the Department of
Defense on general and flag officer authorizations not later
than 120 days after completion of the plan to ensure that the
reductions required under this provision are incorporated into
the planning for executing promotions by the military
departments, to ensure that resulting grades for general and
flag officers are uniformly applied to positions of similar
duties and responsibilities across the military departments and
the joint pool, and that planning achieves a reduction in
headquarters functions and administrative and support
activities and staff of the Department of Defense and the
military departments.
The provision would provide for an orderly transition for
officers recently assigned to positions that would be
eliminated and to require notification to Congress for any
affected officer who, by December 31, 2022, has not completed
24 months in a position to be eliminated who may be allowed to
complete at least 24 months in such position. The provision
would also require certification to accompany all nominations
of officers to a grade above O-6, forwarded by the President to
the Senate for appointment, by and with advice and consent of
the Senate, that the appointment will not interfere with
achieving the reduction of 110 general and flag officers
required by the provision.
The conferees note that despite two decades of
Congressional concern the Department of Defense and the
military departments have not demonstrated the willingness to
implement even the reduction in the number of general and flag
officer positions directed by the Secretary of Defense's Track
Four Efficiencies Initiatives decision of March 14, 2011. In
the context of the Department of Defense's continued requests
to reduce military end strength, especially in the Army and the
Marine Corps, reductions that Congress has cautiously
considered and authorized, the time has come for the Department
to rigorously evaluate and validate every general and flag
officer position. The conferees believe that an additional 10%
reduction in the number of general and flag officer positions
may be appropriate by downgrading or eliminating positions in
addition to the 110 positions required to be eliminated under
this provision are achieved. The conferees expect that the
Department of Defense and the military departments will improve
efficiency by eliminating bloated headquarters and staffs while
preserving the necessary number and grades of positions for
general and flag officers who are responsible to train and lead
our Nation's forces in battle and to bring them safely home
again. The conferees expect that the leadership of the
Department of Defense and the military departments will
approach this effort with the seriousness of conviction that
our men and women in uniform, and the American people deserve.
Repeal of statutory specification of general or flag officer grade for
various positions in the Armed Forces (sec. 502)
The Senate bill contained a provision (sec. 502) that
would amend or repeal various statutory specifications in title
10, United States Code, to remove the requirement that an
officer serving must hold a specified general or flag officer
grade for certain positions in the Armed Forces.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
statutory general officer grade requirement associated with the
Surgeon General of the Navy and the Surgeon General of the Air
Force to conform with the elimination of the grade requirements
for the Surgeon General of the Army. The amendment would also
remove the entitlement of the Assistant Judge Advocate Generals
of the Navy to receive retired pay for the grade of rear
admiral (lower half) unless the officer is authorized the pay
under another provision of law.
The conferees note that the provision would not affect
the grade of an officer currently serving in the positions and
would not prohibit the positions from being filled by an
officer with the same, or a higher, or lower grade than the law
currently requires.
Number of Marine Corps general officers (sec. 503)
The House amendment contained a provision (sec. 501) that
would amend sections 525 and 526 of title 10, United States
Code, to authorize an increase in the number of general
officers in the grade above major general from 15 to 17,
decrease the number of general officers in the grade of major
general from 23 to 22, and increase the number of deputy
commandants within the Marine Corps from 6 to 7.
The Senate bill contained no similar provision.
The Senate recedes.
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 (sec. 504)
The Senate bill contained a provision (sec. 506) that
would amend section 629(c) of title 10, United States Code, to
provide that the period for promotion eligibility of an officer
would not expire during the period when the Senate is unable to
obtain information necessary to give its advice and consent to
the appointment concerned because the information is under
control of a department or agency of the Federal Government
other than the Department of Defense.
The House amendment contained no similar provision.
The House recedes.
Continuation of certain officers on active duty without regard to
requirement for retirement for years of service (sec. 505)
The Senate bill contained a provision (sec. 509) that
would amend chapter 36 of title 10, United States Code, to
authorize service secretaries to allow officers in a grade
above O-4 who are serving in military occupational specialties
designated by the secretary to remain on Active Duty for up to
40 years of active service.
The House amendment contained no similar provision.
The House recedes.
Equal consideration of officers for early retirement or discharge (sec.
506)
The House amendment contained a provision (sec. 502) that
would amend section 638a of title 10, United States Code, to
authorize the secretaries of the military departments to
convene boards to consider officers for involuntary separation
below the grade of lieutenant colonel or commander as a single,
consolidated year group without distinctions based on
retirement eligibility and to align separation boards for such
officers with the practices for promotion selection boards.
The Senate bill contained no similar provision.
The Senate recedes.
Modification of authority to drop from rolls a commissioned officer
(sec. 507)
The House amendment contained a provision (sec. 503) that
would amend section 1161(b) of title 10, United States Code, to
authorize the Secretary of Defense, or the Secretary of the
department in which the Coast Guard is operating when it is not
operating in the Navy, to drop from the rolls of any armed
force any commissioned officer (1) who has been absent without
authority for at least three months, (2) who may be separated
under section 1167 of title 10, United States Code, by reason
of a sentence to confinement adjudged by a court-martial, or
(3) who is sentenced to confinement in a Federal or State
penitentiary or correctional institution after having been
found guilty of an offense by a court other than a court-
martial or other military court, and whose sentence has become
final.
The Senate bill contained no similar provision.
The Senate recedes.
Extension of force management authorities allowing enhanced flexibility
for officer personnel management (sec. 508)
The Senate bill contained a provision (sec. 510) that
would:
(a) amend section 4403(i) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-
484) to extend Temporary Early Retirement Authority
through December 31, 2025;
(b) amend section 638a(a)(2) of title 10, United
States Code, to extend through December 31, 2025
authority for service secretaries to manage authorized
officer personnel strength by shortening the period of
continuation of service by officers on Active Duty, to
authorize involuntary early retirement for certain
officers on Active Duty, and to consider officers for
involuntary discharge who are not eligible for
retirement;
(c) amend section 1175a(k)(1) of title 10, United
States Code to extend through December 31, 2025
authority to provide voluntary separation pay and
benefits; and
(d) amend section 1370(a)(2)(F) of title 10, United
States Code to extend through fiscal year 2025,
authority for early retirement of up to 4 percent of
the authorized Active-Duty strength of officers in the
grades of O-5 and O-6 without reduction in grade in
each fiscal year.
The House amendment contained no similar provision.
The House recedes.
Pilot programs on direct commissions to cyber positions (sec. 509)
The House amendment contained a provision (sec. 1635)
that would require the Secretaries of the Army and the Air
Force to carry out a pilot program to improve the ability of
the Army and Air Force to recruit cyber professionals.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the secretaries of the military departments to conduct pilot
programs to recruit and confer original appointments to
qualified individuals as commissioned officers in a cyber
specialty. Pilot programs established under this provision may
commence on or after January 1, 2017, and shall terminate no
later than December 31, 2022. Each Secretary of a military
department who conducts a pilot program under this provision
shall provide a report to the Committees on Armed Services of
the Senate and of the House of Representatives, not later than
January 1, 2020, evaluating the success of the program in
obtaining skilled cyber personnel for the Armed Forces.
Length of joint duty assignments (sec. 510)
The Senate bill contained a provision (sec. 507) that
would amend section 664 of title 10, United States Code, to
modify the qualifying period for joint duty assignments from 3
years to not less than 2 years. The proposal would repeal the
average tour length requirement and repeal the authority for
shorter tour lengths for officers initially assigned to
critical occupational specialties.
The House amendment contained a similar provision (sec.
912).
The House recedes.
Revision of definitions used for joint officer management (sec. 510A)
The Senate bill contained a provision (sec. 508) that
would amend section 668 of title 10, United States Code, to
update the definitions of joint matters and joint duty
assignment for the purpose of joint officer management. The
provision would also repeal the definition of critical
occupational specialty.
The House amendment contained a similar provision (sec.
913).
The Senate recedes.
Subtitle B--Reserve Component Management
Authority for temporary waiver of limitation on term of service of Vice
Chief of the National Guard Bureau (sec. 511)
The Senate bill contained a provision (sec. 521) that
would amend section 10505(a)(4) of title 10, United States
Code, to authorize the Secretary of Defense to extend the term
of office of the Vice Chief of the National Guard Bureau for up
to 90 days to provide for the orderly transition of officers
appointed to the positions of the Chief and the Vice Chief of
the National Guard Bureau.
The House amendment contained no similar provision.
The House recedes.
Rights and protections available to military technicians (sec. 512)
The Senate bill contained a provision (sec. 523) that
would amend section 709 of title 32, United States Code, to
clarify the employment rights and protections of military
technicians.
The House amendment contained no such provision.
The House recedes with an amendment that would clarify
that military technicians, under certain conditions, may appeal
adverse employment actions to the Merit Systems Protection
Board and Equal Employment Opportunity Commission.
Inapplicability of certain laws to National Guard technicians
performing Active Guard and Reserve duty (sec. 513)
The Senate bill contained a provision (sec. 525) that
would amend section 709 of title 32, United States Code, to
clarify that the provision that grants military leave to
individuals appointed to the civil service does not apply to
members of the Active Guard and Reserve, just as it does not
apply to members on Active Duty.
The House amendment contained no similar provision.
The House recedes.
Extension of removal of restrictions on the transfer of officers
between the active and inactive National Guard (sec. 514)
The House amendment contained a provision (sec. 511) that
would extend through December 31, 2019, the temporary authority
for the Secretary of the Army and Secretary of the Air Force to
transfer officers of the Army and Air National Guard from the
Selected Reserve to the inactive National Guard and from the
inactive National guard to the Selected reserve.
The Senate bill contained no similar provision.
The Senate recedes.
Extension of temporary authority to use Air Force reserve component
personnel to provide training and instruction regarding pilot
training (sec. 515)
The House amendment contained a provision (sec. 512) that
would amend section 514(a)(1) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) to
extend for 1 year the current temporary authority for the Air
Force to allow no more than 50 Active Guard and Reserve (AGR)
personnel and dual status military technicians to instruct and
train Active Duty and members of foreign military forces in the
United States, the Commonwealth of Puerto Rico, or possessions
of the United States as a primary duty.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees expect the Air Force to devise a solution
to this issue that does not include amending the underlying
statutory authorities for AGRs and technicians. The conferees
urge the Air Force to consider solutions as part of the ongoing
duty status review.
Expansion of eligibility for deputy commander of combatant command
having United States among geographic area of responsibility to
include officers of the Reserves (sec. 516)
The Senate bill contained a provision (sec. 925) that
would amend section 164 of title 10, United States Code, to
require that at least one deputy commander of the combatant
command of the geographic area of responsibility which includes
the United States be a member of a reserve component of the
Armed Forces, unless a reserve component officer is serving as
commander of that combatant command.
The House amendment contained no similar provision.
The House recedes.
Subtitle C--General Service Authorities
Matters relating to provision of leave for members of the Armed Forces,
including prohibition on leave not expressly authorized by law
(sec. 521)
The Senate bill contained a provision (sec. 532) that
would modify section 701 of title 10, United States Code, to
authorize up to 12 weeks of leave to be allowed in the case of
a servicemember who is the primary caregiver in the case of the
birth of a child or the adoption of a child. In the case of
leave taken following the birth of a child, the availability of
primary caregiver leave would commence after completion of
medical convalescent leave resulting from the birth of such
child. The provision would also increase the amount of
uncharged leave authorized for a secondary caregiver in the
case of the birth of a child or the adoption of child. The
provision would authorize 21 days of uncharged leave for a
birth parent or an adoptive parent who is the secondary
caregiver. The provision would repeal subsections of section
701 relating to spouse and adoption leave as obsolete. The
provision would require the Secretary of Defense to prescribe
in regulation definitions of eligible primary and secondary
caregivers for the purposes of this benefit, and to establish
regulations for requesting and approving uncharged leave
associated with births to a military family, and with adoptions
by a military family, and would allow a military member to
accept a 1-week extension of a servicemember's military service
obligation for every week of such leave approved and taken. The
implementing regulations would authorize the secretary
concerned to waive service obligation extensions related to
this leave as an incentive for re-enlistments.
The provision would also create a new section 704a of
title 10, United States Code, which would prohibit leave to be
authorized, granted or assigned, including uncharged leave,
unless expressly authorized by law. The committee considers
this provision necessary to clarify that military leave is
established by law and may not be created without express
congressional authority.
The House amendment contained a provision (sec. 529) that
would amend chapter 40 of title 10, United States Code, by
adding a new section 701a which would authorize 14 days of
leave to a member of the Armed Forces who becomes a parent when
that member's spouse gives birth. The provision would also
amend section 701 of title 10, United States Code, to authorize
36 days of leave, to be shared between two members of the Armed
Forces who are married to each other and adopt a child.
The House amendment contained a provision (sec. 522) that
would amend section 701(i) of title 10, United States Code, to
provide one servicemember up to 21 days of leave and another
servicemember up to 14 days of leave for the adoption of a
child for dual-military couples of the Armed Forces.
The House recedes with an amendment that would authorize
up to 12 weeks of total leave, including up to six weeks of
medical convalescent leave, to be used by a servicemember who
is the primary caregiver in connection with the birth of a
child. The provision would authorize additional medical
convalescent leave when specifically recommended, in writing,
by the medical provider of the servicemember to address a
diagnosed medical condition and when approved by the
servicemember's commander. The provision would authorize up to
six weeks of leave for the primary caregiver in the case of the
adoption of a child, to be used in connection with the
adoption. The provision would authorize up to 21 days of leave
for the secondary caregiver in the case of the birth of a child
or adoption. The provision would require the Secretary of
Defense to prescribe in regulation definitions of eligible
primary and secondary caregivers for the purposes of this
benefit, and to establish regulations for requesting and
approving uncharged leave associated with births to a military
family, and with adoptions by a military family, and would
allow a military member to accept a 1-week extension of a
servicemember's military service obligation for every week of
such leave approved and taken. The implementing regulations
would authorize the secretary concerned to waive service
obligation extensions related to this leave as an incentive for
re-enlistments. The provision would also create a new section
704a of title 10, United States Code, that would prohibit leave
to be authorized, granted, or assigned, including uncharged
leave, unless expressly authorized by law.
Transfer of provision relating to expenses incurred in connection with
leave canceled due to contingency operations (sec. 522)
The Senate bill contained a provision (sec. 533) that
would relocate the authority to reimburse members of the Armed
Forces for expenses incurred in connection with leave cancelled
due to contingency operations from section 453 of title 37,
United States Code, to title 10, United States Code.
The House amendment contained no similar provision.
The House recedes.
Expansion of authority to execute certain military instruments (sec.
523)
The Senate bill contained a provision (sec. 552) that
would amend section 1044d of title 10, United States Code, to
authorize a person authorized to act as a notary under section
1044a of title 10, United States Code, or a state-licensed
notary employed by a military department or the Coast Guard,
who is supervised by a military legal assistance counsel, to
notarize military testamentary instruments. The provision would
also amend section 1044a(b) to authorize all civilian
paralegals serving at military legal assistance offices,
supervised by a military legal assistance counsel, to act as a
notary.
The House amendment contained a similar provision (sec.
524).
The House recedes with a technical amendment.
Medical examination before administrative separation for members with
post-traumatic stress disorder or traumatic brain injury in
connection with sexual assault (sec. 524)
The Senate bill contained a provision (sec. 554) that
would amend section 1177(a)(1) of title 10, United States Code,
to require that a member of the Armed Forces who was sexually
assaulted within 24 months prior to a proposed administrative
separation under conditions other than honorable, including an
administrative separation in lieu of court-martial, and who is
diagnosed with post-traumatic stress disorder or traumatic
brain injury by a physician, clinical psychologist,
psychiatrist, licensed clinical social worker, or psychiatric
advanced practice registered nurse as experiencing post-
traumatic stress disorder or traumatic brain injury or who
otherwise reasonably alleges, based on the service of the
member sexually assaulted, the influence of such a condition,
may not be separated until the results of the medical
examination have been reviewed by appropriate authorities
responsible for evaluating, reviewing, and approving the
separation case, as determined by the Secretary concerned.
The House amendment contained no similar provision.
The House recedes.
Reduction of tenure on the temporary disability retired list (sec. 525)
The Senate bill contained a provision (sec. 534) that
would amend section 1210 of title 10, United States Code, to
reduce the maximum tenure for servicemembers placed on the
Temporary Disability Retired List (TDRL), due to an injury or
illness eligible for disability retirement, from 5 years to 3
years. The committee notes that this provision addresses a
recommendation from the Government Accountability Office in
2009 for Congress to shorten the maximum tenure for placement
on the TDRL.
The House amendment contained no similar provision.
The House recedes.
Technical correction to voluntary separation pay and benefits (sec.
526)
The House amendment contained a provision (sec. 525) that
would amend section 1175a of title 10, United States Code, by
updating the references to section 502(f) of title 32, United
States Code, and the list of involuntary mobilization
authorities.
The Senate bill contained no similar provision.
The Senate recedes.
Consolidation of Army marketing and pilot program on consolidated Army
recruiting (sec. 527)
The Senate bill contained a provision (sec. 1092) that
would require the Secretary of the Army to consolidate within
the Army Marketing Research Group all functions relating to the
marketing of the Army and each of the components of the Army in
order to assure unity of effort and cost effectiveness in the
marketing of the Army and each of the components of the Army.
The House amendment contained a related provision (sec.
527) that would require the Secretary of the Army to establish
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.
The Senate recedes with a clarifying amendment that would
combine both provisions.
Subtitle D--Member Whistleblower Protections and Correction of Military
Records
Improvements to whistleblower protection procedures (sec. 531)
The Senate bill contained a provision (sec. 961) that
would make numerous amendments to section 1034 of title 10,
United States Code, to clarify and expand the types of adverse
personnel actions prohibited under the military whistleblower
protection program, to include retaliatory investigations and
failures of superiors to respond to retaliatory actions in
certain circumstances, as prohibited personnel actions
reviewable under that statute. The provision would also require
inspectors general (IG) to notify the secretary concerned if,
during the IG's preliminary investigation, the IG determined
there were reasonable grounds to believe that a prohibited
personnel action occurred, and that the action would result in
an immediate hardship to the service member, and would
authorize the secretary concerned to take action, as
appropriate, in such cases. The provision would require an IG
to provide periodic updates to whistleblowers on the progress
of investigations, to include an estimate of the time remaining
until an investigation was complete. Finally, the provision
would require the Department of Defense Inspector General,
within 1 year of enactment of this Act, to prescribe uniform
standards for the conduct of military whistleblower
investigations and for the training of staffs conducting such
investigations.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Modification of whistleblower protection authorities to restrict
contrary findings of prohibited personnel action by the
Secretary concerned (sec. 532)
The Senate bill contained a provision (sec. 962) that
would amend section 1034 of title 10, United States Code, to
clarify that when the secretary of the military department
concerned receives a report from an inspector general that
substantiates that a prohibited personnel action occurred, the
secretary may consider whether to take corrective action but
may not make a determination in such cases that a prohibited
personnel action did not occur.
The House amendment contained no similar provision.
The House recedes.
Availability of certain correction of military records and discharge
review board information through the Internet (sec. 533)
The Senate bill contained a provision (sec. 536) that
would amend section 1552 of title 10, United States Code, to
require that a board convened to consider a claim for
correction of military records by a former servicemember (1)
who had been deployed in support of contingency operation and
who was subsequently diagnosed as experiencing post-traumatic
stress disorder (PTSD) or traumatic brain injury (TBI), or (2)
who was diagnosed while serving in the military as experiencing
a mental health disorder include a clinical psychologist or
psychiatrist, or a physician with training on mental health
issues connected with PTSD or TBI. The proposal would require
the military department concerned, or the Department of
Homeland Security, to make available to the public on an
Internet website information regarding claims considered by the
service board for correction of military records in a calendar
quarter.
The Senate bill would also modify section 1553 of title
10, United States Code, to require similar information be made
available to the public on an Internet website information
regarding claims considered by the service discharge review
boards in a calendar quarter.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
requirement that boards for correction of military records
considering dismissal or discharge of an individual who was
diagnosed while serving in the military as experiencing a
mental health disorder include a clinical psychologist or
psychiatrist, or a physician with training on mental health
issues connected with PTSD or TBI, and would modify the
information required to be made available to the public on an
Internet website.
The conferees note that section 1552(g) of title 10,
United States Code, already requires that any medical advisory
opinion issued with respect to a member or former member of the
armed forces who was diagnosed while serving in the armed
forces as experiencing a mental health disorder shall include
the opinion of a clinical psychologist or psychiatrist if the
request for correction of records concerned relates to a mental
health disorder.
Improvements to authorities and procedures for the correction of
military records (sec. 534)
The Senate bill contained a provision (sec. 963) that
would amend section 1552(a) of title 10, United States Code, to
require that boards for correction of military records (BCMRs)
notify claimants of what specific information or documents are
needed to make their claim reviewable by the board, if such
information or documents are missing, and would require the
BCMR to make reasonable efforts to obtain missing records when
they cannot be obtained by a claimant. The provision would
require the BCMR to consider any request for reconsideration of
a determination of a BCMR when new information is provided by a
claimant, not previously considered. The provision would
reaffirm that claimants may seek judicial review of BCMR
decisions, and would require BCMRs to publish final decisions
with personally identifiable information redacted. The
provision would require each secretary concerned to develop,
within 1 year of enactment of this Act, a comprehensive
training curriculum for members of BCMRs, and would require the
Secretary of Defense and Secretary of Homeland Security to
ensure such curricula are uniform. Finally, the provision would
require each secretary concerned to submit to Congress within
18 months of enactment a report setting forth the training
curriculum established under this section.
The House amendment contained no similar provision.
The House recedes with an amendment that does not include
the provision on judicial review of BCMR decisions.
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. 535)
The Senate bill contained a provision (sec. 536A) that
would amend section 1553(d) of title 10, United States Code, to
require discharge review boards to review medical evidence of
the Secretary of Veterans Affairs or a civilian health care
provider presented by a former member of the Armed Forces, and
to grant liberal consideration to claims by a former member of
the Armed Forces that post-traumatic stress disorder or
traumatic brain injury potentially contributed to the
circumstances resulting in a less favorable characterization of
discharge. An application for relief that may be reviewed under
this provision includes matters relating to post-traumatic
stress disorder or traumatic brain injury related to combat or
military sexual trauma, as determined by the Secretary
concerned.
The House amendment contained no similar provision.
The House recedes.
Comptroller General of the United States review of integrity of
Department of Defense whistleblower program (sec. 536)
The Senate bill contained a provision (sec. 964) that
would require the Comptroller General of the United States to
conduct an assessment of the integrity of the Department of
Defense (DOD) whistleblower program, to include an assessment
of the extent to which the DOD whistleblower program meets
executive branch policies and goals for whistleblower
protections, the adequacy of procedures to address
whistleblower complaints submitted by employees of the Office
of the Inspector General of the Department of Defense (OIG),
the extent to which there have been violations of
confidentiality standards, the extent to which there have been
retaliatory investigations within OIG, the extent to which
whistleblower complaints against Senate-confirmed civilian
officials of DOD have been substantiated and reported to
Congress in the past 10 years, and the ability of the
inspectors general of DOD and the military services to access
agency information necessary to the execution of their duties,
including classified and other sensitive information, and of
the adequacy of security procedures to safeguard such
information. The provision would require the Comptroller
General to report to the Committees on Armed Services of the
Senate and House of Representatives within 1 year of enactment
of this Act on the results of this review.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Comptroller General to submit the report within 18 months
from enactment of this Act.
Subtitle E--Military Justice and Legal Assistance Matters
United States Court of Appeals for the Armed Forces (sec. 541)
The Senate bill contained a provision (sec. 553) that
would amend sections 942 and 936 of title 10, United States
Code (Articles 142 and 136 of the Uniform Code of Military
Justice) to modify the terms of two civilian judges of the
United States Court of Appeals for the Armed Forces (``the
court'') to avoid disruption that may occur to the operations
of the court when two judicial vacancies occur simultaneously.
The provision would modify the daily rate of compensation for
senior judges performing judicial duties with the court so that
they would be paid the difference between the pay of a judge of
the court and their federal retired pay, consistent with the
process employed by the United States Court of Appeals for the
District of Columbia and the United States Bankruptcy Courts.
The provision would authorize the judges of the court to
administer oaths in a similar manner as other federal judges.
The provision would repeal the provision in article 142(b)(3)
that precludes more than three judges of the court from being
from the same political party.
The House amendment contained no similar provision.
The House recedes with technical and clarifying
amendments.
Effective prosecution and defense in courts-martial and pilot programs
on professional military justice development for judge
advocates (sec. 542)
The Senate bill contained a provision (sec. 548) that
would require the service secretaries to carry out a program to
ensure that trial and defense counsel detailed to prosecute or
defend a court-martial have sufficient experience and knowledge
to effectively prosecute or defend the case, or that there is
adequate supervision and oversight of the trial counsel and the
defense counsel to ensure effective prosecution and defense in
the court-martial. The provision would also require service
secretaries to establish and use a system of skill identifiers
to identify judge advocates with skill and experience in
military justice proceedings to identify judge advocates to
provide supervision and oversight of less experienced judge
advocates prosecuting and defending in military courts-martial.
The Senate bill also contained a provision (sec. 549)
that would require the secretary of each military department to
conduct a 5 year pilot program to assess the feasibility and
advisability of a career military justice litigation track for
judge advocates in the Armed Forces. The pilot programs would
include a military justice career track that leads to senior
judge advocates with military justice expertise in prosecuting
and defending complex cases in military courts-martial. The
provision would use authority provided elsewhere in this Act to
suspend limitations on the number of certain senior
commissioned officers on active duty, under section 532(a) of
title 10, United States Code. The provision would require the
use of skill identifiers to identify judge advocates
participating in the pilot programs. The provision would also
require promotion boards to give the same opportunity for
promotion as all other judge advocates being considered for
promotion. The provision would require the Secretary of Defense
to submit reports on the pilot programs not later than 4 years
after the date of enactment of this Act.
The House amendment contained a provision (sec. 547) that
would require the secretary of each military department to
establish a career military justice litigation track for judge
advocates. The military justice career litigation track would
provide for assignment and advancement of qualified judge
advocates to serve in specified billets in military justice
trial and defense counsel, as military trial and appellate
judges, military justice instructors, positions in the criminal
law offices or divisions of the Armed Forces, Special Victims
Prosecutors, Victims' Legal Counsel, Special Victims' Counsel,
and other positions as the secretary of the military department
shall specify. The provision would prohibit a judge advocate
participating in the military justice litigation career track
from serving more than four years of duty outside of the
litigation track. The provision would prohibit any adverse
assessment of a judge advocate by reason of participating in
the litigation track. The provision would require the secretary
of each military department to implement the career litigation
track not later than 18 months after enactment. It would
require a report from the secretaries of the military
departments to the Committees on Armed Services of the Senate
and the House of Representatives on the progress in
implementing the career litigation track.
The House receded with an amendment that would require
the service secretaries to establish programs for deliberate
professional developmental programs to ensure effective
prosecution and defense in all courts-martial. The amendment
requires the service secretaries to establish and use a system
of military justice experience designators or skill
identifiers. The amendment requires the service secretaries to
carry out a pilot program to assess the feasibility and
advisability of establishing a deliberate professional
development process for judge advocates that leads to military
justice practitioners capable of prosecuting and defending
complex cases in military courts-martial. Pilot programs
established under this provision would be for a period of five
years. Not later than four years after the date of enactment of
this Act, the secretaries concerned shall submit a report to
the Committees on Armed Services of the Senate and of the House
of Representatives providing a description and assessment of
the pilot programs and providing such recommendations as the
secretary considers appropriate.
Inclusion in annual reports on sexual assault prevention and response
efforts of the Armed Forces of information on complaints of
retaliation in connection with reports of sexual assault in the
Armed Forces (sec. 543)
The Senate bill contained a provision (sec. 543) that
would amend section 1631(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) to
require the annual report on sexual assault and response
efforts to include information on complaints of retaliation in
connection with reports of sexual assault in the Armed Forces.
The House amendment contained no similar provision.
The House recedes.
Extension of the requirement for annual report regarding sexual
assaults and coordination with release of Family Advocacy
Program report (sec. 544)
The Senate bill contained a provision (sec. 551) that
would amend section 1631 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383)
that would extend the requirement for the annual report on
sexual assault in the military under that section through
February, 2025, and require the reports to be submitted to the
Committees on Armed Services of the Senate and the House of
Representatives not later than March 31 each year. The
provision would also clarify the scope of sexual assaults
covered by the report to include all reported sexual assaults,
regardless of the age of the offender or victim or the
relationship status between the offender and victim, including,
at a minimum, all sexual assault reports received by the Sexual
Assault Prevention and Response Program, or equivalent, and the
Family Advocacy Program, or equivalent, of each Armed Force.
The House amendment contained a provision (sec. 542) that
would extend the requirement for the annual report through
January 31, 2021. The provision would also require release of
the report to coincide with the release of the Family Advocacy
Program report, as required elsewhere in this Act.
The Senate recedes with an amendment that would establish
the date by which the annual report would be provided to be not
later than April 30th.
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 (sec. 545)
The Senate bill contained a provision (sec. 544) that
would require the Sexual Assault Prevention and Response Office
of the Department of Defense to establish and issue metrics to
be used by the military departments 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.
The House amendment contained no similar provision.
The House recedes.
Training for Department of Defense personnel who investigate claims of
retaliation (sec. 546)
The Senate bill contained a provision (sec. 542) that
would require the Secretary of Defense to prescribe training to
individuals in the Department of Defense who investigate claims
of retaliation on the nature and consequences of retaliation
and, in cases involving reports of sexual assault, the nature
and consequences of sexual assault trauma.
The House amendment contained a similar provision (sec.
546).
The House recedes with a clarifying amendment.
Notification to complainants of resolution of investigations into
retaliation (sec. 547)
The Senate bill contained a provision (sec. 541) that
would require the Secretary of Defense to prescribe regulations
that would require that the results of an investigation of a
retaliation complaint by a member of the Armed Forces be
reported to the member who initiated the complaint. The report
would inform the member whether the complaint was
substantiated, unsubstantiated, or dismissed. The provision
would also require the Secretary of Homeland Security to
prescribe similar regulations to report on retaliation
complaints by a member of the Coast Guard.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
that the results of the investigation be reported in writing to
the member who initiated the complaint.
Modification of definition of sexual harassment for purposes of
investigations by commanding officers of complaints of
harassment (sec. 548)
The Senate bill contained a provision (sec. 550) that
would amend section 1561(i) of title 10, United States Code, to
modify the definition of sexual harassment. The committee is
concerned that the existing definition of sexual harassment has
caused the military services to consider sexual harassment as a
violation of equal opportunity policy instead of an adverse
behavior that data have demonstrated is on the spectrum of
behavior that can contribute to an increase in the incidence of
sexual assault.
The House amendment contained no similar provision.
The House recedes with a technical amendment that would
clarify that the provision would amend section 1561(e) of title
10, United States Code.
Improved Department of Defense prevention and response to hazing in the
Armed Forces (sec. 549)
The House amendment contained a provision (sec. 544) that
would require the Secretary of Defense to establish a system
for collection of reports of hazing involving a member of the
Armed Forces. The provision would also require the secretaries
of the military departments, in consultation with the Chief of
Staff of each armed force, to improve training to assist
members to better recognize, prevent, and respond to hazing.
The amendment would also require an annual survey on hazing and
annual reports on hazing that include a description of efforts
to prevent and respond to hazing incidents, to track and
encourage reporting hazing incidents, and to ensure consistent
implementation of anti-hazing policies. The reports required
under this section would also address elements prescribed for
anti-hazing reports in section 534 of the national Defense
Authorization Act for Fiscal Year 2013 (P.L. 112-239).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove
the requirement that service secretaries conduct an annual
survey on hazing.
The conferees are concerned that the extent of hazing
incidents in the armed forces is not fully known. Therefore,
the conferees direct that the Department of Defense include
questions in existing surveys of members of the Armed Forces to
assist in determining the prevalence of hazing incidents in the
Armed Forces, to assess the effectiveness of training in
recognizing and preventing hazing, and to determine the extent
to which members of the Armed Forces are aware of options to
report hazing incidents, including anonymous report options.
Subtitle F--National Commission on Military, National, and Public
Service
Purpose, scope, and definitions (sec. 551)
The Senate bill contained a series of provisions (sec.
1066-1073) that would create an independent National Commission
on Military, National, and Public Service, including a
provision (sec. 1066) to establish the purpose and scope of
this Commission to consider: (1) the need for a military
selective service process, including a continuing need for a
mechanism to draft large numbers of replacement combat troops;
(2) the 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 of
modifying the military selective service process to obtain for
military, national, and public service individuals with skills
for which the Nation has a critical need, without regard to age
or gender; and (4) the feasibility of including in the military
selective service process, as so modified, an eligibility for
one or more Federal benefits to incentivize the necessary
education, training, and service to fulfill such critical
needs.
The House amendment contained no similar provision.
The House recedes.
Preliminary report on purpose and utility of registration system under
Military Selective Service Act (sec. 552)
The House amendment contained a provision (sec. 528) that
would require the Secretary of Defense to submit, not later
than July 1, 2017, a report to the Committees on Armed Services
of the Senate and the House of Representatives, on the current
and future need for a centralized registration system under the
Military Selective Service Act, chapter 49 of title 50, United
States Code, and provide a briefing on the results of the
report not later than July 1, 2017.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the report to also be provided to the National Commission on
Military, National, and Public Service created under this Act.
National Commission on Military, National, and Public Service (sec.
553)
The Senate bill contained a provision (sec. 1067) that
would establish the National Commission on Military, National,
and Public Service as an independent commission. The provision
would prescribe the manner and timing in which the Commission
would be appointed, its composition, pay rates for members and
staff, and would provide sundry other authorities attending to
the operation of the Commission as an independent entity.
The Senate bill contained a provision (sec. 1073) that
would require that of the amounts authorized to be appropriated
for the Department of Defense for fiscal year 2017, $15.0
million be available to the National Commission on Military,
National, and Public Service until expended to carry out its
duties under this subtitle.
The House amendment contained no similar provisions.
The House recedes.
Commission hearings and meetings (sec. 554)
The Senate bill contained a provision (sec. 1068) that
would require the National Commission on Military, National,
and Public Service to conduct public hearings (except
classified hearings) on recommendations under consideration,
and that such hearings be noticed on a public website at least
14 days in advance. The provision would require the Commission
to hold its first meeting within 30 days after all members have
been appointment.
The House amendment contained no similar provision.
The House recedes.
Principles and procedure for Commission recommendations (sec. 555)
The Senate bill contained a provision (sec. 1069) that
would require the President, within 3 months after the
establishment date of the National Commission on Military,
National, and Public Service, to establish and transmit to the
Commission and Congress principles for reform of the military
selective service process, including the means by which to best
acquire skills to meet the military, national, and public
service requirements of the country. The provision would
require these Presidential principles to address: (1) whether,
in light of the current global security environment, there
continues to be a need for a selective service process designed
to produce large quantities of combat troops, and if so,
whether that system should include mandatory registration by
citizens and residents regardless of gender; (2) 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 individuals possessing certain critical
skills and abilities, and how to best employ individuals with
those skills and abilities; (3) how to foster within the
nation, particularly among the nation's youth, an increased
sense of service and civic responsibility to enhance the
acquisition of critically needed skills through education and
training, and how best to acquire those skills for military,
national, and public service; (4) how to increase propensity
among the nation's 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;
(5) the need in government to increase interest, education, and
employment in certain critical fields, including particularly
science, technology, engineering, and mathematics, national
security, cyber, linguistics and foreign language, education,
health care, and the medical professions; and (6) 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 the
President considers appropriate. The provision would require
certain cabinet officials and other officials or experts to
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.
The Senate bill contained a provision (sec. 1071) that
would preclude the actions of the President, cabinet officials
and other individuals required to provide recommendations under
this subtitle, and the Commission on Military, National, and
Public Service from judicial review of their actions taken
under this subtitle.
The House amendment contained no similar provisions.
The House recedes.
Executive Director and staff (sec. 556)
The Senate bill contained a provision (sec. 1070) that
would authorize the National Commission on Military, National,
and Public Service to appoint, and fix the rate of pay of, an
Executive Director and staff. The provision would limit
detailees from Executive Branch agencies to no more than one-
third of the personnel employed by the Commission, and would
prohibit the detail of executive branch employees to the
Commission who in the year prior to the detail were
substantially involved with the development of recommendations
provided to the Commission.
The House amendment contained no similar provision.
The House recedes.
Termination of Commission (sec. 557)
The Senate bill contained a provision (sec. 1072) that
would provide for the termination of the National Commission on
Military, National, and Public Service no later than 36 months
after the Commission establishment date.
The House amendment contained no similar provision.
The House recedes.
Subtitle G--Member Education, Training, Resilience, and Transition
Modification of program to assist members of the Armed Forces in
obtaining professional credentials (sec. 561)
The Senate bill contained a provision (sec. 562) that
would amend section 2015 of title 10, United States Code, to
include within the program to assist members in obtaining
professional credentials those credentials that were acquired
during military service but which were not necessarily obtained
incident to the performance of their military duties. The
provision would also eliminate the requirement that
credentialing programs be accredited by third party
accreditation bodies, and instead would require that
credentialing programs meet certain other quality assurance
benchmarks.
The House amendment contained a similar provision (sec.
561).
The House recedes with a technical amendment.
Inclusion of alcohol, prescription drug, opioid, and other substance
abuse counseling as part of required preseparation counseling
(sec. 562)
The House amendment contained a provision (sec. 569) that
would amend section 1142(b)(11) of title 10, United States
Code, to include alcohol, prescription drug, opioid, and other
substance abuse counseling as part of required preseparation
counseling.
The Senate bill contained no similar provision.
The Senate recedes.
Inclusion of information in Transition Assistance Program regarding
effect of receipt of both veteran disability compensation and
voluntary separation pay (sec. 563)
The House amendment contained a provision (sec. 569A)
that would amend section 1144(b) of title 10, United States
Code, to require information be provided in the course of the
Transition Assistance Program regarding the required deduction
of disability compensation paid by the Secretary of Veterans
Affairs by the amount of voluntary separation pay received by
the member.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Training under Transition Assistance Program on employment
opportunities associated with transportation security cards
(sec. 564)
The House amendment contained a provision (sec. 3511)
that would require the Transition Assistance Program to provide
information on career opportunities for employment available to
members with transportation security cards issued under section
70105 of title 46, United States Code, within 180 days after
the date of enactment.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Extension of suicide prevention and resilience program (sec. 565)
The Senate bill contained a provision (sec. 524) that
would amend section 10219(g) of title 10, United States Code,
to extend the authority for suicide prevention and resilience
programs for the National Guard and Reserves until October 1,
2022.
The House amendment contained a provision (sec. 599G)
that would amend section 10219(g) of title 10, United States
Code, to extend the authority for suicide prevention and
resilience programs for the National Guard and Reserves until
October 1, 2018.
The Senate recedes.
Congressional notification in advance of appointments to service
academies (sec. 566)
The House amendment contained a provision (sec. 569C)
that would amend sections 4342, 6954, and 9342 of title 10,
United States Code, and section 51302 of title 46, United
States Code, to require the United States Military Academy, the
United States Naval Academy, the United States Air Force
Academy, and the United States Merchant Marine Academy to
notify a Senator, Representative, or Delegate of the
appointment of a cadet or midshipman nominated by that member
of Congress at least 48 hours in advance of the official
notification or announcement of the appointment. The advance
notification requirement would be effective for classes
entering these service academies after January 1, 2018.
The Senate bill contained no similar provision.
The Senate recedes.
Report and guidance regarding Job Training, Employment Skills Training,
Apprenticeships, and Internships and SkillBridge initiatives
for members of the Armed Forces who are being separated (sec.
567)
The House amendment contained a provision (sec. 569B)
that would require the Under Secretary of Defense for Personnel
and Readiness to submit to the Committees on Armed Services of
the Senate and the House of Representatives a detailed report
evaluating the success of the Job Training, Employment Skills
Training, Apprenticeships, and Internships (known as JTEST-AI)
and SkillBridge initiatives.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would extend
the completion date for the report from 90 days to 180 days and
narrow the scope of the report.
Military-to-mariner transition (sec. 568)
The House amendment contained a provision (sec. 563) that
would require a report from the Secretary of Defense and the
Secretary of Homeland Security to the Committees on Armed
Services of the Senate and House of Representatives, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate on the efforts to ensure military
service, training and qualifications are creditable towards
merchant marine licenses and certifications.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle H--Defense Dependents' Education and Military Family Readiness
Matters
Continuation of authority to assist local educational agencies that
benefit dependents of members of the Armed Forces and
Department of Defense civilian employees (sec. 571)
The Senate bill contained a provision (sec. 571) that
would authorize $25.0 million in Operation and Maintenance,
Defense-wide, for continuation of the Department of Defense
(DOD) assistance program to local educational agencies impacted
by enrollment of dependent children of military members and DOD
civilian employees.
The Senate bill also contained a provision (sec. 572)
that would authorize $5.0 million in Operation and Maintenance,
Defense-wide, for impact aid payments for children with
disabilities (as enacted by Public Law 106-398; 114 Stat.
1654A-77; 20 U.S.C. 7703a) using the formula set forth in
section 363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398),
for continuation of Department of Defense assistance to local
educational agencies that benefit eligible dependents with
severe disabilities.
The House amendment contained a provision (sec. 571) that
would authorize $30.0 million in Operation and Maintenance,
Defense-wide, for continuation of the DOD assistance program to
local educational agencies impacted by enrollment of dependent
children of military members and DOD civilian employees.
The Senate recedes with an amendment that would authorize
$30.0 million in supplemental impact aid, and $5.0 million for
impact aid for children with severe disabilities.
One-year extension of authorities relating to the transition and
support of military dependent students to local educational
agencies (sec. 572)
The Senate bill contained a provision (sec. 574) that
would amend section 547(c)(3) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b
note) to extend the authorities relating to transition and
support of military dependent students to local educational
agencies from September 30, 2016, to September 30, 2017. The
provision would also require the administration to submit
detailed budget justification information with any annual
budget request that includes a request for the future extension
of these authorities.
The House amendment contained no similar provision.
The House recedes with a technical amendment to correct
the statutory citation of the amended section.
Annual notice to members of the Armed Forces regarding child custody
protections guaranteed by the Servicemembers Civil Relief Act
(sec. 573)
The House amendment contained a provision (sec. 526) that
would require the secretaries of the military departments to
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.).
The Senate bill contained no similar provision.
The Senate recedes.
Requirement for annual Family Advocacy Program report regarding child
abuse and domestic violence (sec. 574)
The House amendment contained a provision (sec. 543) that
would require the Secretary of Defense to provide to the
Committees on Armed Services of the Senate and of the House of
Representatives an annual report, beginning not later than
January 31, 2017 and continuing through January 31, 2012, on
the child abuse and domestic abuse incident data contained in
the Department of Defense Family Advocacy Program central
registry for the previous year, and an analysis of the
effectiveness of the Family Advocacy Program.
The Senate bill amendment contained no similar provision.
The Senate recedes with an amendment that would establish
the date by which the annual report would be provided to be not
later than April 30, 2017, and annually thereafter through
April 30, 2021.
Reporting on allegations of child abuse in military families and homes
(sec. 575)
The Senate bill contained a provision (sec. 577) that
would require the Secretary of Defense and the Secretary of
Homeland Security to prescribe regulations to ensure that the
family advocacy program office at a military installation to
which a member of the Armed Forces is assigned is provided an
immediate report of credible information obtained by any
individual in the chain of command of the servicemember, that a
child in the family or home of the servicemember has suffered
an incident of child abuse. The provision would require a
similar report by any member of the Armed Forces in a
profession described by subsection 226(b) of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13031) who has reason to
suspect that a child in the family or home of a servicemember
has suffered an incident of child abuse.
The House amendment contained a similar provision (sec.
541).
The House recedes with a technical amendment.
Repeal of Advisory Council on Dependents' Education (sec. 576)
The Senate bill contained a provision (sec. 581) that
would repeal section 1411 of the Defense Dependents' Education
Act of 1978 to abolish the Advisory Council on Dependents'
Education.
The House amendment contained no similar provision.
The House recedes.
Support for programs providing camp experience for children of military
families (sec. 577)
The Senate bill contained a provision (sec. 579) that
would authorize the Secretary of Defense to provide financial
or non-monetary support to qualified non-profit organizations
to assist those organizations in carrying out programs to
support attendance at a camp or camp-like setting for children
of military families.
The House amendment contained a similar provision (sec.
572).
The Senate recedes with an amendment that would remove
the requirement that the Secretary accord a preference in the
approval of applications submitted by certain organizations.
Comptroller General of the United States assessment and report on
Exceptional Family Member Programs (sec. 578)
The Senate bill contained a provision (sec. 580) that
would require the Comptroller General of the United States to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives on the effectiveness of
each Exceptional Family Member Program of the Armed Forces.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Comptroller General of the United States to conduct an
assessment on the effectiveness of each Exceptional Family
Member Program of the Armed Forces and to provide a report to
the Committees on Armed Services of the Senate and the House of
Representatives by December 31, 2017.
Impact aid amendments (sec. 579)
The Senate bill contained a provision (sec. 573) that
would amend sections 7003(b)(2)(B)(i)(I),
7003(b)(2)(B)(i)(II)(bb), and 7003(b)(2)(B)(i)(IV) of the
Elementary and Secondary Education Act of 1965 (most recently
amended by Public Law 114-95) to: 1) make a technical
correction to the current statute to prevent the inadvertent
disqualification of some local school districts from the Impact
Aid heavily impacted program whose boundaries are within the
perimeter of military installations; 2) provide additional time
to collect data on the effects to the Impact Aid heavily
impacted program; and 3) adjust eligibility criteria to meet
congressional intent.
The House amendment contained a provision (sec. 573) that
would amend section 8003(a)(5)(A) of the Elementary and
Secondary Education Act of 1965 (most recently amended by
Public Law 114-95) to authorize a provision that counts all
military-connected students living in military housing equally
to take effect immediately.
The Senate recedes with an amendment that would combine
these provisions.
The conferees intend that if a local educational agency
is eligible to receive a basic support payment under subclause
(IV) of section 7003(b)(2)(B)(i) as amended by this section and
the Every Student Succeeds Act then subclause (IV) takes
priority over other subclauses. The conferees further intend
that if a local educational agency is not eligible for a basic
support payment under subclause (IV) of section 7003(b)(2)(B)
(i) as amended by this section and the Every Student Succeeds
Act but is eligible under section 7003(b)(2) then the local
educational agency may apply under that section.
Subtitle I--Decorations and Awards
Posthumous advancement of Colonel George E. ``Bud'' Day, United States
Air Force, on the retired list (sec. 581)
The Senate bill contained a provision (sec. 589) that
would posthumously advance Colonel George E. ``Bud'' Day,
United States Air Force, to the rank of brigadier general on
the retired list of the United States Air Force. Colonel Day's
benefits would not be affected by this action.
The House amendment contained no similar provision.
The House recedes.
Authorization for award of medals for acts of valor during certain
contingency operations (sec. 582)
The House amendment contained a provision (section 582)
that would waive the time limitations prescribed in various
sections of title 10, United States Code, to authorize the
President to award certain valor awards, including the
Congressional Medal of Honor, to a member or former member of
the Armed Forces for service in Operation Enduring Freedom,
Operation Iraqi Freedom, Operation New Dawn, Operation
Freedom's Sentinel, and Operation Inherent Resolve, resulting
from a review of valor award nominations directed by the
Secretary of Defense on January 7, 2016. The time waiver
provided under the House amendment would expire on December 31,
2019.
The Senate bill had no similar provision.
The Senate recedes with a technical amendment.
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.
583)
The Senate bill contained a provision (sec. 587) that
would waive the time limitations specified in section 3744 of
title 10, United States Code, to authorize the President to
award the Medal of Honor to Gary M. Rose for acts of valor 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).
The House amendment contained an identical provision
(sec. 583).
The conference agreement includes the provision with an
amendment that would waive the time limitations specified in
section 3744 of title 10, United States Code, to authorize the
President to award the Medal of Honor to James C. McCloughan
for acts of valor during combat operations between May 13, 1969
and May 15, 1969, during the Vietnam War, while serving as a
combat medic with Company C, 3d Battalion, 21st Infantry, 196th
Light Infantry Brigade, American Division, Republic of Vietnam.
Authorization for award of Distinguished Service Cross to First
Lieutenant Melvin M. Spruiell for acts of valor during World
War II (sec. 584)
The House amendment contained a provision (sec. 585) that
would authorize the Secretary of the Army to award the
Distinguished Service Cross to First Lieutenant Melvin M.
Spruiell for acts of valor while a member of the Army serving
in France with the 377th Parachute Field Artillery, 101st
Airborne Division, from June 10 to 11, 1944.
The Senate bill contained no similar provision.
The Senate recedes.
Authorization for award of the Distinguished Service Cross to Chaplain
(First Lieutenant) Joseph Verbis LaFleur for acts of valor
during World War II (sec. 585)
The Senate bill contained a provision (sec. 588) that
would authorize the Secretary of the Army to award the
Distinguished Service Cross to Chaplain (First Lieutenant)
Joseph Verbis LaFleur for acts of valor while interned as a
prisoner of war by Japan, from December 30, 1941 to September
7, 1944.
The House amendment contained no similar provision.
The House recedes.
Review regarding award of Medal of Honor to certain Asian American and
Native American Pacific Islander War Veterans (sec. 586)
The House amendment contained a provision (sec. 581) that
would require the Secretaries of the military departments to
review the service records of certain Asian American and Native
American Pacific Islander veterans from the Korean war and
Vietnam war veterans to determine if the award of the Medal of
Honor is appropriate. The House provision would require the
services to review the records of veterans who were previously
awarded the Distinguished Service Cross, the Navy Cross, and
the Air Force Cross, and in those cases where the Secretary
concerned determines that the service records of those veterans
support the award of the Medal of Honor, this section would
also waive the statutory time limitations for award of the
Medal of Honor.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretaries of the military departments to review the
service records of former members of the Armed Forces whose
service records identify them as an Asian American or Native
American Pacific Islander war veteran who was previously
awarded the Distinguished Service Cross, the Navy Cross, and
the Air Force Cross and in those cases where the Secretary
concerned determines that the service records of those veterans
support the award of the Medal of Honor, this section would
also waive the statutory time limitations for award of the
Medal of Honor.
Subtitle J--Miscellaneous Reports and Other Matters
Repeal of requirement for a chaplain at the United States Air Force
Academy appointed by the President (sec. 591)
The Senate bill contained a provision (sec. 595) that
would repeal section 9337 of title 10, United States Code, that
requires a chaplain at the United States Air Force Academy
appointed by the President. The section is not required because
the Air Force and the other military departments already assign
chaplains to the service academies under existing service
personnel assignment procedures.
The House amendment contained no similar provision.
The House recedes.
Extension of limitation on reduction in number of military and civilian
personnel assigned to duty with service review agencies (sec.
592)
The Senate bill contained a provision (sec. 596) that
would amend section 1559 of title 10, United States Code, to
extend the limitation on reducing the number of military and
civilian personnel assigned to duty with the service review
agencies through December 31, 2019.
The House amendment contained no similar provision.
The House recedes.
Annual reports on progress of the Army and the Marine Corps in
integrating women into military occupational specialties and
units recently opened to women (sec. 593)
The Senate bill contained a provision (sec. 593) that
would require a report to be delivered to the Committees on
Armed Services of the Senate and the House of Representatives
by the Chief of Staff of the Army, the Commandant of the Marine
Corps, and the Commander of the United States Special
Operations Command annually on April 1, 2017, and each year
thereafter through 2021 on the progress of integrating women
into military occupational specialties and units recently
opened to women.
The House amendment contained no similar provision.
The House recedes with an amendment that would narrow the
scope of the report and change the final report date to 2020.
Report on feasibility of electronic tracking of operational active-duty
service performed by members of the Ready Reserve of the Armed
Forces (sec. 594)
The House amendment contained a provision (sec. 515) that
would require the Secretary of Defense to establish electronic
means for reserve component members to track qualifying
operational active-duty service that would enable early receipt
of reserve retired pay under section 12731(f) of title 10,
United States Code.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to assess the feasibility of such an electronic
tracking system, and to provide a report to the Committees on
Armed Services of the Senate and House of Representatives by no
later than May 1, 2017.
Report on discharge by warrant officers of pilot and other flight
officer positions in the Navy, Marine Corps, and Air Force
currently discharged by commissioned officers (sec. 595)
The Senate bill contained a provision (sec. 597) that
would require the secretaries of the Navy and the Air Force to
submit a report to the Committees on Armed Services of the
Senate and of the House of Representatives, not later than 180
days after enactment, on the feasibility and advisability of
having warrant officers discharge the duties of pilots and
other flight officer positions currently discharged by
commissioned officers.
The House amendment contained no similar provision.
The House recedes.
Body mass index test (sec. 596)
The House amendment contained a provision (sec. 593) that
would require the Secretary of Defense to review the current
body mass index test procedure used by the Armed Forces and to
determine the best methods to assess body fat percentages to
improve the accuracy of body fat measurements.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the service secretaries to conduct the review of current body
mass index test procedures and other methods to measure body
fat with a more holistic health and wellness approach.
Report on career progression tracks of the Armed Forces for women in
combat arms units (sec. 597)
The Senate bill contained a provision (sec. 594) that
would require the Secretary of Defense to submit a description
of the career progression track for entry level and laterally
moved female service members, both officer and enlisted, of
each Armed Force for positions that have been opened as a
result of the December 3, 2015, decision by the Secretary to
open all previously closed military occupations to women.
The House amendment contained no similar provision.
The House recedes.
Legislative Provisions Not Adopted
Temporary suspension of officer grade strength tables
The Senate bill contained a provision (sec. 503) that
would amend sections 523(a) and 12011(a) of title 10, United
States Code, to remove the limitations on the total number of
commissioned officers authorized to serve on Active Duty or on
full-time reserve component duty in the pay grades of O-4
through O-6 as of the end of the fiscal year for fiscal years
2017 through 2021.
The House amendment contained no similar provision.
The Senate recedes.
The conferees believe that providing relief from
statutory caps on the numbers of officers of the active and
reserve components serving in pay grades from O-4 to O-6, for
an appropriate trial period, may allow the secretaries of the
military departments to adjust the shape of their officer corps
to affect talent management-based promotion systems and more
quickly adapt to changing war fighting requirements and
available talent supply. The conferees are concerned that such
statutory flexibility must be exercised in a manner that would
promote lean, efficient, and highly effective officer corps and
must not result in bloated senior officer ranks that impede the
proper administration of the officer personnel management
system. Therefore, the conferees modify the reporting
requirement directed in the Senate report accompanying section
503 of S. 2943 (S. Rept. 114-255) to require the Secretary of
Defense to submit a report to the Committees on Armed Services
of the Senate and the House of Representatives, not later than
March 1, 2017, describing how the military departments would
propose to use the authority described in section 503 of the
Senate-passed bill, a description of the specific categories of
adjustments in control grades and the number and percentages of
such adjustments desired, and an assessment of the impact of
the authority, if implemented, on the desired officer grade
composition of the military departments. The report shall
specifically address the proposed use of this authority for
military intelligence officers, foreign area specialists, judge
advocates with a military justice skill identifier, and
officers with expertise in cyber matters.
Enhanced authority for service credit for experience or advanced
education upon original appointment as a commissioned officer
The Senate bill contained a provision (sec. 504) that
would amend section 533 of title 10, United States Code, to
authorize service secretaries to credit an applicant for an
original appointment in a commissioned grade with an amount of
constructive credit limited to the amount required for an
original appointment in the grade of colonel in the Army, Air
Force, or Marine Corps, or in the grade of captain in the Navy.
The provision would authorize the secretary concerned to award
constructive credit for leadership experience, professional
credentials, and technical expertise to directly commission
officers up to the grade of O-6.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that another provision of this Act
would authorize the military departments to conduct pilot
programs to commission cyber professionals. The conferees
recognize that the use of similar authorities to commission
professionals such as doctors, lawyers, and chaplains continues
to have great utility in providing trained professionals for
the military departments. It may be useful to extend such
authorities to branches, career fields, and occupational
specialties that may be designated by the services as having
technical or warfighter status. The conferees encourage the
Department of Defense to provide detailed information to the
Committees on Armed Services of the Senate and of the House of
Representatives on how the expanded use of such authorities may
be utilized.
Authority of promotion boards to recommend officers of particular merit
be placed at the top of the promotion list
The Senate bill contained a provision (sec. 505) that
would amend section 616 of title 10, United States Code, to
authorize an officer promotion board to recommend Active-Duty
officers of particular merit to be placed at the top of the
promotion list.
The House amendment contained no similar provision.
The Senate recedes.
The conferees remind the Department of Defense that the
Joint Explanatory Statement accompanying the National Defense
Authorization Act for Fiscal Year 2016 (P.L. 114-92) identified
the need to review and modernize procedures to select officers
for promotion. The Department of Defense was encouraged to
develop recommendations to enhance the flexibility of selection
boards to identify and select officers of particular merit for
early promotion, using procedures that all stakeholders would
view as objective and fair. Despite the Department's much-
touted Force of the Future studies, the last year saw no
recommendations to Congress that would provide the flexibility
the Department claims to need to recruit, commission, promote,
and retain the high quality all-volunteer force the Nation
requires.
Limitations on ordering selected reserve to active duty for preplanned
missions in support of the combatant commands
The House amendment contained a provision (sec. 513) that
would amend section 12304(b) of title 10, United States Code,
to authorize the Secretary of Defense to order any unit of the
Selected Reserve to Active Duty during the year of execution if
the Secretary identifies manpower and associated costs as an
emerging requirement in the year of execution and provides a
30-day notice to the congressional defense committees.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the authority to order Selected
Reserve units to Active Duty under section 12304(b) of title
10, United States Code, is designed to incentivize deliberate
planning for the use of the Selective Reserve as part of the
operational force by requiring missions to be planned in
advance and included in annual budget submissions. Other
provisions of title 10, United States Code, provide authority
to order members and units of the reserve components to Active
Duty to address emerging requirements arising during the year
of execution.
Exemption of military technicians (dual status) from civilian employee
furloughs
The House amendment contained a provision (sec. 514) that
would amend section 10216(b)(3) of title 10, United States
Code, to exempt military dual-status technicians from civilian
employee furloughs.
The Senate bill contained no similar provision.
The House recedes.
Authority to designate certain Reserve officers as not to be considered
for selection for promotion
The Senate bill contained a provision (sec. 522) that
would amend section 14301 of title 10, United States Code, to
authorize the secretaries of the military departments to defer
promotion consideration for reserve component officers in a
non-participatory (membership points only) status.
The House amendment contained no similar provision.
The Senate recedes.
Responsibility of Chiefs of Staff of the Armed Forces for standards and
qualifications for military specialties within the Armed Forces
The Senate bill contained a provision (sec. 531) that
would vest in the Chief of Staff of each of the Armed Forces
the responsibility for establishing, approving, and modifying
the criteria, standards, and qualifications for military
specialty codes within that Armed Force. The Secretary of
Defense would retain oversight authority.
The House amendment contained no similar provision.
The Senate recedes.
The conferees expect service secretaries to consult with
and receive the advice of the Chiefs of Staff of each of the
Armed Forces when making decisions on military standards and
qualifications.
Reconciliation of contradictory provisions relating to qualifications
for enlistment in the reserve components of the Armed Forces
The Senate bill contained a provision (sec. 537) that
would amend section 12102(b) of title 10, United States Code,
to align the requirements for enlistment in the reserve
components of the Armed Forces with the requirements for
enlistment in the active components.
The House amendment contained no similar provision.
The Senate recedes.
Burdens of proof applicable to investigations and reviews related to
protected communications of members of the armed forces and
prohibited retaliatory actions
The House amendment contained a provision (sec. 545) that
would amend section 1034 of title 10, United States Code, to
establish the burden of proof under this section for military
retaliation investigations to be the same as the burden of
proof applicable to retaliation investigations under section
1221(e) of title 5, United States Code.
The Senate bill contained no similar provision.
The House recedes.
The conferees included a number of provisions in this Act
that will provide necessary tools to allow military victims of
retaliation to be provided full, fair, and expeditious
investigation and relief, when appropriate, in response to
alleged retaliation. The conferees are mindful however that the
requirements, hardships, and sacrifices of military service are
unique and unlike those of the federal civilian workplace that
section 1221(e) of title 5 is intended to address. We consider
the burden of proof standards under section 1221(e) to be
properly tailored to the federal civilian workforce. However,
the conferees concluded that the burden of proof standards that
properly apply in a civilian context are not amenable to the
unique demands of military service. The conferees remain
concerned about reports from military personnel who indicate
they have been subjected to retaliation after making protected
communications. The conferees intend to remain seized of this
issue and will assess the impact of the provisions in this bill
to reducing the prevalence of retaliation in the military.
Discretionary authority for military judges to designate an individual
to assume the rights of the victim of an offense under the
Uniform Code of Military Justice when the victim is a minor,
incompetent, incapacitated, or deceased
The Senate bill contained a provision (sec. 546) that
would amend section 806b(c) of title 10, United States Code
(Article 6b(c), Uniform Code of Military Justice (UCMJ)) to
authorize military judges to decide on a case-by-case basis
whether it is appropriate to appoint an individual to assume
the victim's rights in all cases under the UCMJ in which the
victim of an offense is under 18 years of age (unless the
victim is a member of the Armed Forces) or is incompetent,
incapacitated, or deceased.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that a similar provision is included
in the Military Justice Act of 2016 which is enacted elsewhere
in this Act.
Appellate standing of victims in enforcing rights of victims under the
Uniform Code of Military Justice
The Senate bill contained a provision (sec. 547) that
would amend section 806b of title 10, United States Code
(article 6b of the Uniform Code of Military Justice (UCMJ)) to
authorize victims to file pleadings as a real party in interest
when the Government files appellate pleadings implicating the
victim's rights relating to Military Rule of Evidence (MRE)
412, relating to the admission of evidence regarding a victim's
sexual background; MRE 513, relating to the psychotherapist-
patient privilege; or MRE 514, relating to the victim advocate-
patient privilege. The provision would also amend section 806b
of title 10, United States Code (article 6b of the UCMJ) to
afford a victim with the right to reasonable, accurate, and
timely notice of any appellate matters.
The House contained no similar provision.
The Senate recedes.
The conferees understand that the Judicial Proceedings
Panel (JPP) established by section 576 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239)
will receive testimony and address this issue in future public
meetings of the JPP. The conferees will reconsider this issue
after receipt of the JPP recommendations.
Limitation on tuition assistance for off-duty training or education
The Senate bill contained a provision (sec. 561) that
would amend section 2007 of title 10, United States Code, to
limit the tuition assistant program for off-duty training and
education to education programs likely to contribute to the
professional development of the servicemember.
The House amendment contained no similar provision.
The Senate recedes.
The conferees support Department of Defense and military
service efforts over the past several years to ensure the
integrity of the tuition assistance program, and the
educational success of servicemembers utilizing the benefit,
through implementation of common-sense restrictions on
premature use by servicemembers still adjusting to military
life and who are still learning their military occupations, as
well as restrictions on those who would inappropriately use the
benefit to acquire additional degrees at the same level of
attainment.
Establishment of ROTC cyber institutes at senior military colleges
The House amendment contained a provision (sec. 562) that
would amend chapter 103 of title 10, United States Code, to
authorize the Secretary of Defense to carry out a program to
establish ROTC Cyber Institutes at the six Senior Military
Colleges for purposes of accelerating the development of
foundational expertise in critical cyber operational skills for
future military and civilian leaders of the Armed Forces and
Department of Defense, to include such leaders of the Reserve
Components.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that many ROTC programs are beginning
to implement cyber training for critical cyber operational
skills. The conferees encourage these and other ROTC programs
to continue building and teaching a cyber framework for future
military and civilian leaders of the Armed Forces and
Department of Defense.
Access to Department of Defense installations of institutions of higher
education providing certain advising and student support
services
The Senate bill contained a provision (sec. 563) that
would amend chapter 101 of title 10, United States Code, to
require the Secretary of Defense to grant access to all
Department of Defense installations any institution of higher
education that has a Voluntary Education Partnership Memorandum
of Understanding with the Department for the purposes of
student advising and support services.
The House amendment contained no similar provision.
The Senate recedes.
Employment authority for civilian faculty at certain military
department schools
The House amendment contained a provision (sec. 564) that
would amend section 4021 of title 10, United States Code, to
authorize the Secretary concerned to hire staff for
professional military education courses regardless of course
length.
The Senate bill contained no similar provision.
The House recedes.
Revision of name on military service record to reflect change in name
of a member of the Army, Navy, Air Force, or Marine Corps,
after separation from the Armed Forces
The House amendment contained a provision (sec. 565) that
would amend section 1551 of title 10, United States Code, to
allow persons who legally change their name to reflect their
gender identity after separation from the Armed Forces to
receive a new certificate of discharge or acceptance of
resignation order under that new name.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that former service members currently
have a process to request their name be changed on official
service discharge documents to reflect a legal name change, by
submitting a request to the appropriate service board for
correction of military or naval records. Effective October 1,
2016, the Department of Defense (DoD) and the Military
Departments will implement DoD Instruction 1300.28, that
requires the services to provide servicemembers a process by
which, while serving, they may change their gender. The
conferees expect the Department to make the necessary changes
to regulations to provide former members a simplified process
to reflect a name change in military personnel records due to
change in gender identity or other lawful purpose.
Direct employment pilot program for members of the National Guard and
Reserve
The House amendment contained a provision (sec. 566) that
would authorize the Secretary of Defense to carry out a pilot
program to enhance efforts of the Department of Defense to
provide job placement assistance and related employment
services directly to members of the National Guard and
Reserves. This section would also require the Secretary to
submit a report on the program to the Committees on Armed
Services of the Senate and the House of Representatives by
January 31, 2021.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the South Carolina and California
National Guards conduct state employment programs that have
seen success in recent years and serve as a model for other
states and territories to set up similar state employment
programs. The conferees note the numerous employment assistance
programs for transitioning servicemembers coordinated by the
military services, the Department of Defense, the Department of
Labor, and the Department of Veterans Affairs, such as the
Department of Labor's Veterans' Employment and Training Service
and the Department of Veterans Affairs' VA for Vets program and
Feds Hire Vets employment tool. The conferees encourage the
Chief of the National Guard Bureau to work with the Secretary
of Defense to coordinate with the Secretary of Labor and the
Secretary of Veterans Affairs to leverage these preexisting
Federal employment programs.
Prohibition on establishment, maintenance, or support of Senior Reserve
Officers' Training Corps units at educational institutions that
display the Confederate battle flag
The House amendment contained a provision (sec. 567) that
would amend section 2102 of title 10, United States Code, to
prohibit the secretary concerned from establishing,
maintaining, or supporting a Senior Reserve Officers' Training
Corps unit at an educational institution that displays the
Confederate battle flag except where the board of visitors has
voted to take down the flag described.
The Senate bill contained no similar provision.
The House recedes.
Report on composition of service academies
The House amendment contained a provision (sec. 568) that
would require the Comptroller General of the United States to
submit a report on the demographic composition of the service
academies.
The Senate bill contained no similar provision.
The House recedes.
Enhanced flexibility in provision of relocation assistance to members
of the Armed Forces and their families
The Senate bill contained a provision (sec. 576) that
would amend section 1056 of title 10, United States Code, to
permit enhanced flexibility in giving relocation assistance to
members of the Armed Forces and their families. The provision
would allow the Department of Defense to adapt the delivery of
relocation assistance to meet the evolving needs of military
servicemembers and their families by leveraging technology to
improve access, efficiency, and responsiveness of the
relocation assistance program, especially in situations where
servicemembers reside overseas or away from a military
installation with a relocation assistance program. Finally, the
provision would establish the position of Program Manager of
Military Relocation Assistance in the office of the Assistant
Secretary of Defense for Manpower and Reserve Affairs.
The House amendment contained no similar provision.
The Senate recedes.
Background checks for employees of agencies and schools providing
elementary and secondary education for Department of Defense
dependents
The Senate bill contained a provision (sec. 578) that
would require certain local educational agencies receiving
impact aid under subchapter VII of chapter 70 of title 20,
United States Code, and each Department of Defense (DOD)
domestic dependent elementary and secondary school, within 2
years of enactment of this Act, to establish policies and
procedures requiring a criminal background check for each
school employee of the agency or school.
The House amendment contained no similar provision.
The Senate recedes.
The conferees believe the protection of school children
from would-be predators is of paramount importance. Children of
military personnel, who by virtue of a parent's military
service are more transient with fewer community ties and
relationships, may be more vulnerable to such predators. The
conferees believe it is important that appropriate criminal
background checks be conducted of school employees in
Department of Defense (DOD) schools and local educational
activities that educate military family members. Despite the
requirement in every state that background checks be conducted,
and recently-enacted prohibitions in the Every Student Succeeds
Act that restrict the movement and reemployment of predators in
other states, there were still 496 arrests of school employees
in the United States last year for sexual misconduct with
children, according to press reports. Clearly, the problem of
child predation and abuse remains in our local school systems.
The conferees note that DOD schools conduct thorough criminal
background checks on their employees, and the conferees are
committed to subjecting DOD schools to the oversight required
to ensure that they conduct thorough criminal background checks
on their employees. Given the critical importance of this issue
and the defense authorizing committees' continuing concern that
children at risk are adequately protected, the conferees
strongly urge DOD to work as closely as possible with local
school districts that educate military family members to share
best practices to help those districts develop and improve
comprehensive employment screening policies to ensure the
safety of military children. The conferees direct the
Department to provide a report to the Committees on Armed
Services of the Senate and the House of Representatives, not
later than 1 year after the date of enactment of this Act, on
the Department's efforts to: 1) identify, to the extent
practicable, any shortfalls in employee screening processes in
local school districts educating military family members; and
2) provide recommendations to help address those shortfalls in
the future.
Authorization for award of the Medal of Honor to Charles S. Kettles for
acts of valor during the Vietnam war
The Senate bill contained a provision (sec. 586) that
would waive the time limitations specified in section 3744 of
title 10, United States Code, to authorize the President to
award the Medal of Honor to Charles S. Kettles, for acts of
valor on May 15, 1967, during the Vietnam War, while serving as
Flight Commander in the United States Army, 176th Aviation
Company, 14th Aviation Battalion, Task Force Oregon, Republic
of Vietnam.
The House amendment contained a similar provision (sec.
584).
The conference agreement does not include this provision.
The conferees note the authority to waive the time
limitations for award of the Medal of Honor were included in
the Consolidated Appropriations Act of 2016 (P.L. 114-113). The
President awarded Mr. Kettles the Medal of Honor in a ceremony
at the White House on July 18, 2016.
Burial of cremated remains in Arlington National Cemetery of certain
persons whose service is deemed to be active service.
The House amendment contained a provision (sec. 591) that
would amend section 2410 of title 38, United States Code, to
require the Secretary of the Army to ensure that the cremated
remains of certain individuals whose service has been
determined to be active duty service are eligible for inurnment
with military honors in Arlington National Cemetery.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that on May 20, 2016 the President
signed into law the Women Airforce Service Pilot Arlington
Inurnment Restoration Act (P.L. 114-158), which provided the
authority contained in section 591 of the House amendment.
Applicability of Military Selective Service Act to female citizens and
persons
The Senate bill contained a provision (sec. 591) that
would amend the Selective Service Act (Public Law 65-12) to
include women in the requirement to register for selective
service, to the same extent men are currently required,
beginning January 1, 2018.
The House amendment contained no similar provision.
The Senate recedes.
Representation from member of the Armed Forces on boards, councils, and
committees making recommendations relating to military
personnel issues
The House amendment contained a provision (sec. 592) that
would require that enlisted or retired enlisted members of the
armed forces be represented on all boards, panels, commissions,
or task forces established under chapter 7 of title 10, United
States Code, to render a recommendation on any aspect of
personnel policy directly affecting enlisted personnel.
The Senate bill contained no similar provision.
The House recedes.
The conferees believe it is essential that the views of
enlisted members must be considered by boards charged with
developing informed and effective military personnel policy.
The conferees expect that the Secretary of Defense, the
secretaries of the military departments, the Chairman of the
Joint Chiefs of Staff, the service chiefs, and their senior
enlisted advisers will ensure that enlisted representation is
included in such boards to the maximum extent practicable.
Preseparation counseling regarding options for donating brain tissue at
time of death for research
The House amendment contained a provision (sec. 594) that
would require servicemembers to receive information during
transition separation counseling concerning options for
donating brain tissue at the time of death of the servicemember
for chronic traumatic encephalopathy research.
The Senate bill contained no similar provision.
The House recedes.
Recognition of the expanded service opportunities available to female
members of the Armed Forces and the long service of women in
the Armed Forces
The House amendment contained a provision (sec. 595) that
would express Congress' recognition of women who have served
and are currently serving in the Armed Forces.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that female members of the Armed
Forces are invaluable and integral to the Armed Forces and that
the United States must continue to encourage and support female
members of the Armed Forces as they serve our Nation.
Sense of Congress regarding plight of male victims of military sexual
assault
The House amendment contained a provision (sec. 596) that
would express the sense of Congress that the Secretary of
Defense should enhance access to intensive medical and mental
health treatment of male victims of sexual assault, look for
opportunities to use male victims as presenters at prevention
training, and ensure medical and mental health providers are
trained to meet the needs of male victims.
The Senate bill contained no similar provision.
The House recedes.
The conferees remain concerned that more must be done to
address the unique issues and concerns affecting male victims
of sexual assault. For that reason, section 538 of the National
Defense Authorization Act for Fiscal Year 2016 (P.L. 114-92)
requires the Secretary of Defense, in collaboration with the
secretaries of the military departments, to develop a
comprehensive plan to improve Department of Defense prevention
and response to sexual assaults in which the victim is a male
member of the armed forces. The conferees look forward to
receiving the plan from the Secretary of Defense and intend to
monitor the efficacy of the plan.
Sense of Congress regarding section 504 of title 10, United States
Code, on existing authority of the Department of Defense to
enlist individuals, not otherwise eligible for enlistment,
whose enlistment is vital to the national interest
The House amendment contained a provision (sec. 597) that
would express the sense of Congress that section 504 of title
10, United States Code, authorizes the Department of Defense to
enlist individuals, not otherwise eligible for enlistment,
whose enlistment is vital to the national interest.
The Senate bill contained no similar provision.
The House recedes.
Protection of Second Amendment rights of military families
The House amendment contained a provision (sec. 598) that
would amend section 921(b) of title 18, United States Code, to
provide that the residence of the spouse of a military member
for the purpose of federal firearms laws, is the State of the
permanent duty station of the member.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the residence of a spouse of a
military member is the State in which that spouse resides,
which is the State of the permanent duty station of the member,
or such other State as the spouse may reside.
Pilot program on advanced technology for alcohol abuse prevention
The House amendment contained a provision (sec. 599) that
would require the Secretary of Defense, within 90 days of
enactment of this Act, to consult with the service secretaries
and establish a pilot program to demonstrate the feasibility of
using portable, disposable alcohol breathalyzers and a cloud-
based server platform to collect data and monitor the progress
of alcohol abuse programs through digital applications. The
provision would require the Secretary to conduct the pilot
program for a minimum of 6 months, and the program would
terminate by September 30, 2018. The Secretary would submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives on implementation of the program
within 120 days after implementation and then submit a final
report to the committees within 1 year of implementation.
The Senate bill contained no similar provision.
The House recedes.
Report on availability of college credit for skills acquired during
military service
The House amendment contained a provision (sec. 599A)
that would require the Secretary of Defense, in consultation
with the Secretaries of Veterans Affairs, Education, and Labor,
to submit a report on the transfer of skills into equivalent
college credits or technical certifications for members of the
Armed Forces leaving the military.
The Senate bill contained no similar provision.
The House recedes.
Atomic veterans service medal
The House amendment contained a provision (sec. 599B)
that would require the Secretary of Defense to design, produce,
and distribute a military service medal to honor retired and
former members of the Armed Forces who are radiation-exposed
veterans.
The Senate bill contained no similar provision.
The House recedes.
Report on extending protections for student loans for active duty
borrowers
The House amendment contained a provision (sec. 599C)
that would require the Secretary of Defense, in consultation
with the Secretary of Education, to submit a report detailing
the information, assistance, and efforts to support and inform
active duty members of the Armed Forces with respect to the
rights and resources available under the Servicemembers Civil
Relief Act.
The Senate bill contained no similar provision.
The House recedes.
Exclusion of certain reimbursements of medical expenses and other
payments from determination of annual income with respect to
pensions for veterans and surviving spouses and children of
veterans
The House amendment contained a provision (sec. 599D)
that would amend section 1503(a) of title 38, United States
Code, to exclude payments regarding reimbursements of medical
expenses from the determination of annual income with respect
to pensions.
The Senate bill contained no similar provision.
The House recedes.
Sense of Congress on desirability of service-wide adoption of Gold Star
installation access card
The House amendment contained a provision (sec. 599E)
that would express the sense of Congress that the secretaries
of the military departments and the Secretary of the department
in which the Coast Guard is operating should work jointly to
develop, issue, and ensure acceptance of a Gold Star
installation access card for family members who are the
survivors of deceased members of the Armed Forces in order to
expedite the ability of a Gold Star family member to gain
unescorted access to military installations for the purpose of
obtaining on-base services and benefits for which the Gold Star
family member is entitled or eligible.
The Senate bill contained no similar provision.
The House recedes.
Servicemembers' Group Life Insurance
The House amendment contained a provision (sec. 599F)
that would amend section 1967(f)(4) of title 38, United States
Code, by striking the second sentence.
The Senate bill contained no similar provision.
The House recedes.
Title VI--Compensation and Other Personnel Benefits
Subtitle A--Pay and Allowances
Fiscal year 2017 increase in military basic pay (sec. 601)
The Senate bill contained a provision (sec. 601) that
would authorize a pay raise of 1.6 percent for all members of
the uniformed services effective January 1, 2017.
The House amendment contained a provision (sec. 601) that
would direct that the rates of basic pay under section 203(a)
of title 37, United States Code, be increased in accordance
with section 1009 of title 37, United States Code,
notwithstanding a determination made by the President under
subsection (e) of such section 1009.
The Senate recedes.
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. 602)
The Senate bill contained a provision (sec. 602) that
would direct the Department of Defense to ensure that pay
tables of basic pay for members of the uniformed services
published by the Department reflect the operation of the pay
cap contained in section 203(a)(2) of title 37, United States
Code, to more accurately reflect the rates of basic pay that
may actually be received by service members whose basic pay is
affected by that cap.
The House amendment contained no similar provision.
The House recedes.
Extension of authority to provide temporary increase in rates of basic
allowance for housing under certain circumstances (sec. 603)
The Senate bill contained a provision (sec. 603) that
would extend for 1 year the authority of the Secretary of
Defense to temporarily increase the rate of basic allowance for
housing in areas impacted by natural disasters or experiencing
a sudden influx of personnel.
The House amendment contained an identical provision
(sec. 602).
The conference agreement includes this provision.
Reports on a new single-salary pay system for members of the Armed
Forces (sec. 604)
The Senate bill contained a provision (sec. 604) that
would reform the basic allowance for housing (BAH) benefit for
members of the uniformed services, applicable January 1, 2018.
The provision would require a system that utilizes actual costs
up to a maximum allowable amount. No service member will see a
change in their allowance until such time as they undergo a
permanent change of duty station outside their military housing
area after January 1, 2018.
The House amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Department of Defense to report back with revised pay
tables and a plan to transition to a salary system by no later
than January 1, 2018. An initial assessment and progress report
will be due to the Committees on Armed Services of the Senate
and the House of Representatives no later than March 1, 2017,
to contain the military pay tables as of January 1, 2017, that
reflect the Regular Military Compensation of members of the
Armed Forces as of that date in the range of grades, dependency
statuses, and assignment locations.
The conferees note that the BAH, as an entitlement, and
the perception of BAH among servicemembers, has evolved over
the past 20 years. BAH, and the iterations of the benefit that
came before, was intended to provide a housing benefit for
service members to offset the cost of housing in high cost
housing areas where adequate government-provided quarters was
not available and in recognition of the transient nature of
military service and the impact it has on military members and
their families. Indeed, that the housing allowance was and is
intended as primarily a housing benefit is demonstrated by its
tax-free nature, the differentiation based on dependency
status, and the fact that junior enlisted personnel required to
reside in barracks or on a ship are ineligible to receive BAH.
Accordingly, the conferees direct the Secretary of Defense to
begin planning for a transition to a salary system that better
aligns the payment of the allowance with the Department's use
of the housing allowance as compensation rather than its
intended purpose as an allowance.
Subtitle B--Bonuses and Special and Incentive Pays
One-year extension of certain bonus and special pay authorities for
reserve forces (sec. 611)
The Senate bill contained a provision (sec. 611) that
would extend for 1 year the authority to pay the Selected
Reserve reenlistment bonus, the Selected Reserve affiliation or
enlistment bonus, special pay for enlisted members assigned to
certain high-priority units, the Ready Reserve enlistment bonus
for persons without prior service, the Ready Reserve enlistment
and reenlistment bonus for persons with prior service, the
Selected Reserve enlistment and reenlistment bonus for persons
with prior service, travel expenses for certain inactive-duty
training, and income replacement for reserve component members
experiencing extended and frequent mobilization for Active-Duty
service.
The House amendment contained an identical provision
(sec. 611).
The conference agreement includes this provision.
One-year extension of certain bonus and special pay authorities for
health care professionals (sec. 612)
The Senate bill contained a provision (sec. 612) that
would extend for 1 year the authority to pay the nurse officer
candidate accession bonus, education loan repayment for certain
health professionals who serve in the Selected Reserve,
accession and retention bonuses for psychologists, the
accession bonus for registered nurses, incentive special pay
for nurse anesthetists, special pay for Selected Reserve health
professionals in critically short wartime specialties, the
accession bonus for dental officers, the accession bonus for
pharmacy officers, the accession bonus for medical officers in
critically short wartime specialties, and the accession bonus
for dental specialist officers in critically short wartime
specialties.
The House amendment contained an identical provision
(sec. 612).
The conference agreement includes this provision.
One-year extension of special pay and bonus authorities for nuclear
officers (sec. 613)
The Senate bill contained a provision (sec. 613) that
would extend for 1 year the authority to pay the special pay
for nuclear-qualified officers extending period of active
service, the nuclear career accession bonus, and the nuclear
career annual incentive bonus.
The House amendment contained an identical provision
(sec. 613).
The conference agreement includes this provision.
One-year extension of authorities relating to title 37 consolidated
special pay, incentive pay, and bonus authorities (sec. 614)
The Senate bill contained a provision (sec. 614) that
would extend for 1 year the general bonus authority for
enlisted members, the general bonus authority for officers,
special bonus and incentive pay authorities for nuclear
officers, special aviation incentive pay and bonus authorities
for officers, and special bonus and incentive pay authorities
for officers in health professions, and contracting bonus for
cadets and midshipmen enrolled in the Senior Officers' Training
Corps. The provision would also extend for 1 year the authority
to pay hazardous duty pay, assignment or special duty pay,
skill incentive pay or proficiency bonus, and retention
incentives for members qualified in critical military skills or
assigned to high priority units.
The House amendment contained an identical provision
(sec. 614).
The conference agreement includes this provision.
One-year extension of authorities relating to payment of other title 37
bonuses and special pays (sec. 615)
The Senate bill contained a provision (sec. 615) that
would extend for 1 year the authority to pay the aviation
officer retention bonus, assignment incentive pay, the
reenlistment bonus for active members, the enlistment bonus,
precommissioning incentive pay for foreign language
proficiency, the accession bonus for new officers in critical
skills, the incentive bonus for conversion to military
occupational specialty to ease personnel shortage, the
incentive bonus for transfer between Armed Forces, and the
accession bonus for officer candidates.
The House amendment contained an identical provision
(sec. 615).
The conference agreement includes this provision.
Aviation incentive pay and bonus matters (sec. 616)
The House amendment contained a provision (sec. 616) that
would amend section 334(c)(1) of title 37, United States Code,
to increase the statutory limits for the aviation incentive pay
and retention bonus to $1,000 per month and $60,000 per year,
respectively, and would allow the Secretary concerned the
flexibility to increase the aviation incentive pay limit set
forth in regulations issued by the Secretary of Defense under
section 374 of title 37, United States Code.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
a maximum aviation bonus of $35,000 for each 12-month period of
obligated service, and requires the appropriate Service
Secretary to submit a justification with each fiscal year's
budget request for the aviation bonus amounts by aircraft type
category, the business case supporting the amount requested,
and a description by the Secretary concerned on how they will
address manning shortfalls by non-monetary means.
The conferees note the current Chief of Staff of the Air
Force stated in response to advance policy questions in
preparation for his confirmation hearing, ``We will tailor any
potential bonus based upon specific platform and overall Air
Force requirements. The requested increase is not a set amount.
If approved, this will give us the flexibility to tailor bonus
amounts and contract terms by platform.'' The conferees
strongly agree with targeting aviation bonuses toward the most
critical manning shortfalls by aircraft type category as a way
to incentivize retention behavior, and strongly support this
method for use across the Department of Defense.
The conferees also expect the Services to continue
developing and implementing policies to tackle non-monetary
reasons for low aviator retention rates, and to use these
incentive and bonus authorities to incentivize needed retention
levels using a business case rather than as a reward or
entitlement, to correct both the undermanning of certain
aircraft type categories and the overmanning of others.
Conforming amendment to consolidation of special pay, incentive pay,
and bonus authorities (sec. 617)
The Senate bill contained a provision (sec. 616) that
would amend section 332 of title 10, United States Code, to
correct an inequity that will exist when the Department
transitions to a general bonus authority on October 1, 2017.
This amendment will increase the maximum bonus authority under
the new general bonus authority to $20,000 to match the maximum
bonus level under the old authority. Maintaining the current
bonus level will enable the Services to retain the ability to
recruit and retain reserve component officers.
The House amendment contained an identical provision
(sec. 617).
The conference agreement includes this provision.
Technical amendments relating to 2008 consolidation of certain special
pay authorities (sec. 618)
The House amendment contained a provision (sec. 618) that
would make technical and clerical corrections to titles 10, 20,
24, 36, 37, and 42, United States Code, as well as section 586
of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181), section 362 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364), and section 112(c)(5)(B) of the Internal Revenue Code of
1986, as part of the Department of Defense's transition to the
consolidated authorities in sections 661 and 662 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181), which consolidated statutory special and
incentive pay authorities for members of the uniformed
services. This section is consistent with the purpose and
intent of the consolidated special and incentive pay reform
contained in the 2008 defense bill.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle C--Travel and Transportation Allowances
Maximum reimbursement amount for travel expenses of members of the
Reserves attending inactive duty training outside of normal
commuting distances (sec. 621)
The House amendment contained a provision (sec. 641) that
would amend section 478a(c) of title 37, United States Code, to
allow for a higher reimbursement amount on a case-by-case basis
for certain members of the Reserve component traveling to
attend inactive duty training outside of normal committing
distances.
The Senate bill contained a similar provision (sec. 621).
The Senate recedes.
Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits
Part I--Amendments in Connection With Retired Pay Reform
Election period for members in the service academies and inactive
Reserves to participate in the modernized retirement system
(sec. 631)
The Senate bill contained a provision (sec. 631) that
would amend section 1409 of title 10, United States Code, to
clarify the timing for cadets and midshipmen at the service
academies to opt-in to the new military retirement system
enacted in the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92). The provision would also clarify
the timing of such elections for reservists who are on Inactive
Duty during the election period otherwise provided for under
the new retirement system.
The House amendment contained no similar provision.
The House recedes.
Effect of separation of members from the uniformed services on
participation in the Thrift Savings Plan (sec. 632)
The Senate bill contained a provision (sec. 632) that
would repeal paragraph (2) of section 632(c) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92). This amendment makes a technical correction for the new
military retirement plan enacted in that Act relative to
defining separation from service under the Thrift Savings Plan.
The House amendment contained a similar provision (sec.
621).
The House recedes.
Continuation pay for full Thrift Savings Plan members who have
completed 8 to 12 years of service (sec. 633)
The House amendment contained a provision (sec. 622) that
would amend section 356 of title 37, United States Code, to
modify the continuation pay for members under the new military
retirement system enacted in the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92) to provide the
Secretary of Defense with the flexibility to offer continuation
pay in the window between 8 and 12 years of service in exchange
for a 3 years of service or greater commitment as the Secretary
deems appropriate for retention.
The Senate bill contained a similar provision (sec. 633).
The Senate recedes with a technical amendment.
Combat-related special compensation coordinating amendment (sec. 634)
The House amendment contained a provision (sec. 619) that
would amend section 1413a of title 10, United States Code, to
make a technical and conforming amendment to Combat-Related
Special Compensation, to bring that authority in line with the
new military retirement system enacted in the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92).
The Senate bill contained a similar provision (sec. 634).
The House recedes.
Part II--Other Matters
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. 641)
The Senate bill contained a provision (sec. 642) that
would amend section 1408 of title 10, United States Code, to
modify the division of military retired pay in a divorce decree
to the amount the member would be entitled based upon the
member's pay grade and years of service at the time of the
divorce rather than at the time of retirement with the spousal
share of the retired pay computed on the retired pay as
adjusted by the annual increases in military pay.
The House amendment contained a similar provision (sec.
625) that would amend section 1408 of title 10, United States
Code, to modify the division of military retired pay in a
divorce decree to the amount the member would be entitled based
upon the member's pay grade and years of service at the time of
the divorce.
The House recedes with an amendment that would modify the
division of military retired pay in a divorce decree to the
amount the member would be entitled based upon the member's pay
grade and years of service at the time of the divorce as
adjusted by the annual retired pay cost-of-living adjustments
between the date of the divorce decree and the date of
retirement. The conferees note that this provision is
prospective only and would not affect existing divorce
settlements.
Equal benefits under Survivor Benefit Plan for survivors of reserve
component members who die in the line of duty during inactive-
duty training (sec. 642)
The House amendment contained a provision (sec. 624) that
would amend section 1451(c)(1)(A) of title 10, United States
Code, to eliminate the different treatment under the Survivor
Benefit Plan accorded members of the reserve component who die
from an injury or illness incurred or aggravated in the line of
duty during inactive-duty training, as compared to the
treatment of members of the Armed Forces who die in the line of
duty while on Active Duty.
The Senate bill contained no similar provision.
The Senate recedes.
Authority to deduct Survivor Benefit Plan premiums from combat-related
special compensation when retired pay not sufficient (sec. 643)
The Senate bill contained a provision (sec. 644) that
would amend section 1452 of title 10, United States Code, to
authorize the deduction of Survivor Benefit Plan (SBP) premiums
from monthly combat related special compensation (CRSC) when
retired pay is insufficient to cover the premiums.
The House amendment contained no similar provision.
The House recedes.
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. 644)
The Senate bill contained a provision (sec. 641) that
would amend section 437 of title 37, United States Code, to
expand the areas eligible for the allowance for covering
monthly premiums for the Servicemembers' Group Life Insurance
to include any designated combat zone or an area directly
supporting a designated combat zone.
The House amendment contained no similar provision.
The House recedes.
Authority for payment of pay and allowances and retired and retainer
pay pursuant to power of attorney (sec. 645)
The Senate bill contained a provision (sec. 672) that
would amend section 602 of title 37, United States Code, to
authorize payment of certain pay and allowances of a
servicemember or retired servicemember to an individual to whom
the member has granted authority to manage these funds pursuant
to a valid and legally executed durable power of attorney. This
proposal would enable members to responsibly and proactively
plan their personal affairs in the event of their
incapacitation, and to allow those durable powers of attorney
to be recognized by the military departments and the Department
of Defense.
The House amendment contained no similar provision.
The House recedes.
Extension of authority to pay special survivor indemnity allowance
under Survivor Benefit Plan (sec. 646)
The Senate bill contained a provision (sec. 643) that
would amend section 1450 of title 10, United States Code, to
permanently extend the authority to pay the Special Survivor
Indemnity Allowance (SSIA).
The House amendment contained a provision (sec. 623) that
would extend the authority to pay the SSIA for one year.
The Senate recedes with an amendment that would extend
the authority to pay the SSIA until May 31, 2018.
Repeal of obsolete authority for combat-related injury rehabilitation
pay (sec. 647)
The Senate bill contained a provision (sec. 605) that
would repeal section 328 of title 10, United States Code,
relating to an obsolete authority for combat-related injury
rehabilitation pay.
The House amendment contained no similar provision.
The House recedes.
Independent assessment of the Survivor Benefit Plan (sec. 648)
The Senate bill contained a provision (sec. 646) that
would require the Secretary of Defense to provide for an
independent assessment of the Department of Defense Survivor
Benefit Plan (SBP) by a federally-funded research and
development center (FFRDC).
The House amendment contained no similar provision.
The House recedes.
Subtitle E--Commissary and Non-Appropriated Fund Instrumentality
Benefits and Operations
Protection and enhancement of access to and savings at commissaries and
exchanges (sec. 661)
The Senate bill contained a provision (sec. 661) that
would amend sections 2481, 2483, 2484, and 2487 of title 10,
United States Code, to require the Secretary of Defense to
develop and implement a comprehensive strategy to optimize
management practices across the defense commissary system and
the exchange system that reduces their reliance on appropriated
funding without reducing benefits to commissary patrons or
revenues generated by non-appropriated fund entities. This
provision would authorize the Secretary to carry out an
alternative pricing program, evaluated against specific,
measurable benchmarks and a documented baseline level of
savings, within the defense commissary system to establish
prices for goods and services in response to market conditions
and customer demand. Furthermore, the provision would authorize
the Secretary to convert the commissary system to a non-
appropriated fund entity or instrumentality if the Secretary
determines that the alternative pricing program met established
benchmarks for success for a period of at least 6 months. If
conversion to a non-appropriated fund entity or instrumentality
occurs, the Secretary would ensure that no employee of the
defense commissary system, as of the date of enactment of this
Act, would incur a loss or decrease in pay resulting from the
conversion. This provision would also authorize the Secretary
of Defense to establish common business processes, practices,
and systems to optimize the operations of the entire defense
resale system, including authorizing the use of appropriated
and non-appropriated funds on contracts or agreements for the
acquisition of common systems. Finally, the provision would
authorize the Secretary to supplement appropriated funds for
defense commissary system operations with additional funds
derived from improved management practices and the alternative
pricing program.
The House amendment contained a provision (sec. 631) that
would amend sections 2481(a) and (c), 2483(c), 2484, 2485, and
2487 of title 10, United States Code, to authorize the
Secretary of Defense to develop and implement a comprehensive
strategy to: 1) optimize practices across the commissary and
exchange systems to reduce the reliance of those systems on
appropriated funds without reducing benefits to patrons or any
revenues generated by non-appropriated fund entities or
instrumentalities of the Department for the morale, welfare,
and recreation of servicemembers; 2) authorize use of
additional funds derived from improved management practices to
supplement appropriated funds for commissary operations; 3)
authorize a variable pricing program whereby commissary prices
may be established in response to market conditions and
customer demand; 4) authorize conversion of the commissary
system to a non-appropriated fund entity or instrumentality if
the Secretary determines that the variable pricing program
meets established benchmarks for success for a period of at
least 6 months; and 5) authorize the Secretary to contract with
an entity to obtain expert commercial advice, assistance, or
other services not otherwise carried out by the Defense
Commissary Agency.
The Senate recedes.
The conferees believe this provision will significantly
improve the business operations of the commissary system and
lead to greater efficiency in the delivery of high quality
grocery products and services to commissary patrons without
diminishing the current level of patron savings. The conferees
remain concerned, however, that the current senior management
of the Defense Commissary Agency may lack the necessary talent
and skills to transform the commissary system into an
efficient, high-performing purveyor of grocery products and
services. The conferees strongly urge the Department to engage
experts in the commercial grocery industry to assist the
Defense Commissary Agency in the transformation of the
commissary system into a high-performing grocery operation.
Acceptance of Military Star Card at commissaries (sec. 662)
The House amendment contained a provision (sec. 632) that
would require the Secretary of Defense to ensure that
commissary stores accept the Military Star Card as payment for
goods and services. Under this provision, the Army and Air
Force Exchange Service would assume any financial liability of
the United States relating to acceptance of the Military Star
Card as payment for goods and services at commissary stores.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle F--Other Matters
Recovery of amounts owed to the United States by members of the
uniformed services (sec. 671)
The House amendment contained a provision (sec. 642) that
would amend section 1007(c)(3) of title 37, United States Code,
to establish a 10-year statute of limitations on the authority
of the government to collect an indebtedness to the government
owed by a servicemember if the indebtedness occurred through no
fault of the member. The statute of limitations established
under this provision would apply to indebtedness incurred on or
after October 1, 2027. The provision would require the Director
of the Defense Finance and Accounting Service to provide an
annual report, commencing on January 1, 2017 and each year
through 2027, on cases in which recovery of indebtedness
commenced after the end of the 10-year period beginning on the
date when the indebtedness was incurred, or in which the member
was not notified of the indebtedness during such 10-year
period.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of Defense to conduct a review of all bonus pays,
special pays, student loan repayments, and similar special
payments paid to members of the California National Guard
between January 1, 2004 and December 31, 2015. The review is
required to be completed by July 30, 2017. The provision
requires a board of review designated by the Secretary of
Defense to determine whether the special pay to these members
and former members was unwarranted and, if so, to recommend to
the Secretary concerned whether to recoup the payment, waive
the recoupment, or in the case of recoupments that were
previously collected but were unwarranted by the evidence, to
recommend whether the payments should be repaid to the member
or former member. The provision would authorize the Secretary
concerned to waive collection of overpayments or to repay
previously recouped payments that were unwarranted. The
provision would require the Secretary concerned to notify
consumer credit reporting agencies if the review determines
that an indebtedness previously reported to the credit
reporting agency was invalid. The funding for activities
associated with the review, including repayments to members and
former members, shall be paid from amounts available for the
National Guard of the United States for the State of
California. The provision requires the Secretary of Defense to
submit a report on the results of the review to the Committees
on Armed Services of the Senate and of the House of
Representatives not later than August 1, 2017. The provision
also requires the Comptroller General of the United States to
report, not later than one year after the date of enactment of
this Act, on the actions of the National Guard of the State of
California related to the bonus pays, special pays, student
loan repayments, and other special pays from 2004 through 2015.
Modification of flat rate per diem requirement for personnel on long-
term temporary duty assignments (sec. 672)
The Senate bill contained a provision (sec. 1151) that
would require the Secretary of Defense to 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 Department of
Defense impose a flat rate per diem for meals and incidental
expenses for authorized travelers on long term temporary duty
(TDY) assignments that is at a reduced rate compared to the per
diem rate otherwise applicable, the Service Secretary concerned
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 TDY
assignment.
The House amendment contained a provision (sec. 603) that
would prohibit the Secretary concerned from altering the per
diem allowance for the duration of a temporary duty assignment
of a member of the Armed Forces or an employee of the
Department of Defense.
The House recedes with a clarifying amendment.
Legislative Provisions Not Adopted
Sense of the Congress on Roth contributions as default contributions of
members of the Armed Forces participating in the Thrift Savings
Plan under retired pay reform
The Senate bill contained a provision (sec. 635) that
would state the sense of the Congress that the Department of
Defense should explore making the default contributions of a
full Thrift Savings Plan member under the new military
retirement plan enacted in the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92) to be designated
as Roth contributions until the member elects not to designate
such contributions as Roth contributions.
The House amendment contained no similar provision.
The Senate recedes.
Sense of the Congress on options for members of the Armed Forces to
designate payment of the death gratuity to a trust for a
special needs individual
The Senate bill contained a provision (sec. 645) that
would express the Sense of the Congress that the Department of
Defense should explore options to allow servicemembers to
designate that, upon their death, the death gratuity may be
paid to a trust that is legally established under any federal,
state, or territorial law.
The House amendment contained no similar provision.
The Senate recedes.
Period for relocation of spouses and dependents of certain members of
the Armed Forces undergoing a permanent change of station
The Senate bill contained a provision (sec. 622) that
would add a new section 1784b of title 10, United States Code,
to provide greater flexibility for families to determine the
sequencing of permanent change of station moves under certain
circumstances.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives no later than six months after the
date of enactment of this Act on actions taken by the
Department of Defense to enhance the stability of military
families undergoing a permanent change of station (PCS). The
report shall include an analysis of the current extent of
family disruption associated with PCS moves of members of the
Armed Forces, a description of the actions taken by the
Department of Defense to minimize such disruptions, and further
actions recommended by the Secretary of Defense to alleviate
family disruption associated with a PCS move.
Title VII--Health Care Provisions
Subtitle A--Reform of Tricare and Military Health System
TRICARE Select and other TRICARE Reform (sec. 701)
The Senate bill contained a provision (sec. 701) that
would amend chapter 55 of title 10, United States Code, to
reform health care plans available under the TRICARE program.
The provision would establish three health plan choices for
families of Active-Duty servicemembers, and retired military
members and their families: 1) TRICARE Prime, a managed care
option; 2) TRICARE Choice, a self-managed option; and 3)
TRICARE Supplemental, an option for retired members and their
families, other than TRICARE-For-Life beneficiaries, who have
other health insurance. Beneficiaries would be required to
enroll in one of the TRICARE options during an annual open
enrollment period in order to obtain care through the TRICARE
Program.
Under this provision, the Department would offer TRICARE
Prime in areas near military treatment facilities (MTFs).
Active-Duty family members would be authorized to enroll in
TRICARE Prime, and there would be no cost shares. Retirees and
their family members would be authorized to enroll in TRICARE
Prime in areas where an MTF has a significant number of health
care providers, including specialty providers, and sufficient
capability to support efficient operations of the MTF. A
TRICARE Prime enrollee would be required to obtain a referral
for care from a designated primary care manager prior to
obtaining care under the TRICARE program. A referral to network
providers for specialty care services would not require a
beneficiary to obtain a pre-authorization. The provision would
require the Secretary to ensure that beneficiaries have the
same level of access to care within timelines that meet or
exceed those of high-performing health systems in the private
sector. The provision would establish TRICARE Choice in other
locations in the country, and beneficiaries may receive care
from any health care provider selected by the member subject to
any restrictions established by the Secretary.
This provision would include a cost-share table for
calendar year 2018 for both TRICARE Prime and TRICARE Choice
that would establish rates for annual enrollment fees, annual
deductibles, annual catastrophic caps, and co-payments for
inpatient visits, outpatient visits, and other services. The
provision would gradually increase the annual enrollment fee
for military retirees and their families under TRICARE Choice
over a period of 5 years through 2023. Subsequently, annual
enrollment fees for military retirees and their families in
TRICARE Choice after 2023, and for military retirees and their
families under TRICARE Prime after 2018, would increase by the
annual percent of the Consumer Price Index for Health Care
Services, published by the Bureau of Labor Statistics.
Additionally, the provision would increase the deductible, co-
payment, and annual catastrophic cap amounts after 2018, by the
annual cost of living adjustment for military retired pay. The
provision would authorize the Secretary to adopt special
coverage and reimbursement methods, amounts, and procedures to
encourage the use of high-value services and products and to
discourage the use of low-value services and products.
Under this provision, retirees and their family members
with other health insurance would be authorized to enroll in
the TRICARE Supplemental option. The provision would establish
an annual enrollment fee that would be one-half of the fee for
the TRICARE Choice option. Under TRICARE Supplemental, TRICARE
would pay the deductible and co-payment amounts under the
beneficiary's primary health plan, not to exceed the amount
TRICARE would have paid as primary payer to an out-of-network
provider.
A number of existing TRICARE programs would remain
unchanged under this provision: 1) Extended Health Care Option
Program; 2) TRICARE Reserve Select; 3) TRICARE Retired Reserve;
4) TRICARE Dental Program; and 5) the Continued Health Care
Benefits Program. This provision would not affect the required
cost-shares under the TRICARE Pharmacy Benefits Program, but
the annual enrollment fee, annual deductible, and annual
catastrophic cap established in this section would apply to the
pharmacy program. With this provision, the cost-share
requirements for remote area dependents would be the same as
those established under the TRICARE Prime Option but without a
referral requirement.
The House amendment contained a provision (sec. 701) that
would amend chapter 55 of title 10, United States Code, to
establish TRICARE Preferred as the self-managed, preferred
provider option in the TRICARE program, replacing TRICARE
Standard and Extra. The provision would establish annual
enrollment fees and fixed dollar co-payments for Active-Duty
family members and retirees who join the Armed Services on or
after January 1, 2018, and enroll in TRICARE Preferred or
TRICARE Prime, the managed care option. In addition, the
provision would authorize an annual enrollment fee for TRICARE
Preferred for beneficiaries who were in either the Active-Duty
or retired beneficiary categories prior to January 1, 2018.
However, the provision would prohibit the Secretary from
establishing this annual enrollment fee until 90 days after the
Comptroller General of the United States submits a report, not
later than February 1, 2020, to the Committees on Armed
Services of the Senate and the House of Representatives on
access to care, network adequacy, and beneficiary satisfaction
under TRICARE Preferred. The provision would also require the
Comptroller General, not later than September 1, 2017, to
submit to the committees a report on the assessment of network
adequacy and beneficiaries' access to care under the TRICARE
health care provider network. Finally, the provision would
require the Secretary to submit an implementation plan, not
later than June 1, 2017, to the committees to improve access
for TRICARE beneficiaries. The Comptroller General would be
required to submit to the committees, not later than December
1, 2017, a review of the implementation plan submitted by the
Secretary.
The Senate recedes with an amendment that would: 1)
rename the TRICARE Preferred health plan option to TRICARE
Select; 2) modify the tables prescribing enrollment fees,
deductibles, catastrophic caps, and co-payments for
beneficiaries in the retired category who join the military on
or after January 1, 2018, and to establish a calendar year
enrollment period for those fees; 3) require the Secretary to
establish an open enrollment period, with a grace period during
the first year of open enrollment, and to allow enrollment for
qualifying events for annual participation in either TRICARE
Prime or TRICARE Select; 4) prescribe certain requirements for
pre-authorization for referrals under TRICARE Prime; and 5)
require a pilot program on incorporation of value-based health
care methodology in the purchased care component of the TRICARE
program.
Reform of administration of the Defense Health Agency and military
medical treatment facilities (sec. 702)
The Senate bill contained a provision (sec. 721) that
would require the Secretary of Defense to disestablish the
medical departments of the Armed Forces and consolidate all
activities of those departments into the Defense Health Agency.
The Secretary could not undertake this action until 60 days
after submission of the Department's consolidation plan to the
Committees on Armed Services of the Senate and the House of
Representatives. The provision would also require the
Comptroller General of the United States to review the
consolidation plan and submit that review to the Committees on
Armed Services of the Senate and the House of Representatives
within 180 days after the Secretary submits the plan to the
committees. Under this provision, the Defense Health Agency
would be led by an officer of the Armed Forces holding the
grade of lieutenant general or vice admiral and be responsible
for the medical operations of the Department of Defense. The
resultant Defense Health Agency would consist of four
subordinate organizations: 1) an organization responsible for
all military medical treatment facilities (MTFs); 2) an
organization responsible for medical professional recruitment
and retention activities, medical education and training,
research and development activities, and executive agencies for
medical operations or activities; 3) an organization
responsible for activities and duties of the current Defense
Health Agency; and 4) an organization responsible for
activities and duties to improve and maintain operational
medical force readiness capabilities and to ensure sustainment
of combat casualty care and trauma readiness of military health
care providers. A major general or rear admiral upper half
would serve as head of each subordinate organization. The
provision would give broad authorities to the Director of the
Defense Health Agency, under the supervision and control of the
Assistant Secretary of Defense for Health Affairs, to conduct
the medical operations functions of the Department. In
addition, the provision would amend sections 3036, 5137, and
8036 of title 10, United States Code, to establish the duties
and responsibilities of the Surgeons General of the Services as
principal adviser to the service secretary and service chief as
well as chief medical adviser of that service to the Defense
Health Agency. Finally, the provision would require the
Secretary of Defense to submit a report on consolidation, by
January 1, 2017, to the Committees on Armed Services of the
Senate and the House of Representatives.
The House amendment contained a provision (sec. 702) that
would amend chapter 55 of title 10, United States Code, to
require the Defense Health Agency to become responsible for
management of MTFs throughout the Department of Defense, while
preserving the responsibility of MTF commanders for ensuring
the readiness of members of the Armed Forces and civilian
employees at MTFs and for providing health care services at
MTFs. In carrying out this provision, the Defense Health Agency
would establish an executive-level management office consisting
of professional health care administrators to manage health
care operations, finance and budget, information technology,
and medical affairs across all MTFs. This provision would
direct the Secretary of Defense to submit an interim report to
the congressional defense committees by March 1, 2017, on the
preliminary plan to implement these changes, and a final report
by March 1, 2018. Finally, this provision would require the
Comptroller General of the United States to review each of the
Department's plans and to submit an assessment of those plans
to the congressional defense committees by September 1, 2017,
and September 1, 2018, respectively.
The Senate recedes with an amendment that would require
the Director of the Defense Health Agency, beginning October 1,
2018, to take responsibility for the administration of each
MTF, including all matters with respect to: 1) budget; 2)
information technology; 3) health care administration and
management; 4) administrative policy and procedure; 5) military
medical construction and 6) any other matters the Secretary
determines appropriate. The amendment would require the
establishment of a professional staff within the Defense Health
Agency to provide policy, oversight, and direction of all
matters related to the administration of MTFs. In addition, the
amendment would codify the roles and responsibilities of the
Services' Surgeons General. The amendment would require the
Secretary to develop an implementation plan and to submit: 1)
an interim report providing a preliminary draft of the plan to
the Committees on Armed Services of the Senate and the House of
Representatives by March 1, 2017; and 2) a final report to the
committees by March 1, 2018, containing a final version of the
plan. Finally, the amendment would require the Comptroller
General of the United States to submit to the committees a
review of the Department's preliminary draft of the plan by
September 1, 2017, and a review of the final version of the
plan by September 1, 2018.
After careful study and deliberation, the conferees
conclude that a single agency responsible for the
administration of all MTFs would best improve and sustain
operational medical force readiness and the medical readiness
of the Armed Forces, improve beneficiaries' access to care and
the experience of care, improve health outcomes, and lower the
total management cost of the military health system. The
conferees believe that the current organizational structure of
the military health system--essentially three separate health
systems each managed by one of the three Services--paralyzes
rapid decision-making and stifles innovation in producing a
modern health care delivery system that would better serve all
beneficiaries. A streamlined military health system management
structure would eliminate redundancy and generate greater
efficiency, yielding monetary savings to the Department while
leading to true reform of the military health system and
improving the experience of care for beneficiaries.
Military medical treatment facilities (sec. 703)
The Senate bill contained a provision (sec. 725) that
would authorize the secretary of a military department to
realign the infrastructure of or modify the health care
services provided by a military treatment facility (MTF) if a
realignment or modification would better: 1) ensure the
delivery of safe, high quality health care services; 2) adapt
the delivery of health care in a facility to rapid changes in
private sector health care delivery models; or 3) maintain the
medical force readiness skills and core competencies of health
care providers in a facility. Before taking any action under
this provision, the Secretary of Defense would be required to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives on proposed
realignments of infrastructure or modifications of health care
services at MTFs. Within 60 days after the Secretary submits a
report under this provision, the Comptroller General of the
United States would submit a review of such report to the
Committees on Armed Services of the Senate and the House of
Representatives.
The Senate bill also contained a provision (sec. 729)
that would require the Secretary of Defense to establish
regional centers of excellence for the provision of specialty
care to covered beneficiaries at major medical centers of the
Department of Defense. The provision would authorize the
Secretary to establish satellite centers, when and where
appropriate, particularly to provide specialty care for post-
traumatic stress and traumatic brain injury. Furthermore, the
provision would specify the types of centers of excellence that
the Secretary could establish while allowing for the
establishment of additional centers when appropriate. The
centers of excellence established under this provision would
serve as the primary sources for specialty care within the
direct care health system, and health care providers throughout
the system would refer beneficiaries to those facilities. The
provision would require the Secretary to submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives, within 180 days of the date of enactment of
this Act, which provides a plan to establish specialty care
centers of excellence in the military health system.
The House amendment contained a provision (sec. 703) that
would amend chapter 55 of title 10, United States Code, to
establish the requirements for the types of MTFs needed to
support the medical readiness of the Armed Forces and the
readiness of medical personnel. The provision would require the
Secretary of Defense, in collaboration with the secretaries of
the military departments, to submit an updated Military Health
System Modernization Study report to the congressional defense
committees within 270 days after the date of enactment of this
Act. In addition, the provision would require the Secretary to
submit, within 2 years after the date of enactment of this Act,
an implementation plan to restructure or realign the MTFs in
accordance with section 1079d of title 10, United States Code.
The Senate recedes with an amendment that would combine
these provisions.
Access to urgent and primary care under TRICARE program (sec. 704)
The House amendment contained a provision (sec. 704) that
would amend chapter 55 of title 10, United States Code, to
require the Secretary of Defense, within 1 year of the date of
enactment of this Act, to improve access to urgent care
services in both military medical treatment facilities (MTFs)
and the private sector. The provision would ensure that covered
beneficiaries have access to urgent care services through the
health care provider network under the TRICARE program, without
the need for preauthorization, in areas where no MTFs exist for
those services. Finally, this provision would require the
Secretary of Defense to ensure that the nurse advice line of
the Department directs covered beneficiaries seeking access to
health care services to the most appropriate level of care
required to treat medical conditions of beneficiaries,
including urgent care services.
The House amendment also contained a provision (sec. 705)
that would amend section 1077a of title 10, United States Code,
to require the Secretary of Defense, within 180 days of the
date of enactment of this Act, to ensure the availability of
primary care services for members of the Armed Forces and
covered beneficiaries during expanded business hours on
weekdays and weekends, based on the needs of the MTF to meet
access standards under the TRICARE Prime program and the
primary care utilization patterns at the MTF.
The Senate bill contained no similar provisions.
The Senate recedes with an amendment that would combine
these provisions.
Value-based purchasing and acquisition of managed care support
contracts for TRICARE program (sec. 705)
The Senate bill contained a provision (sec. 726) that
would require the Secretary of Defense to conduct a new
competition of all medical support contracts, except the
overseas medical support contract, with private sector entities
under the TRICARE program by January 1, 2018, upon expiration
of each such contract. New contracts would be competitively
procured and automatically renewable for a period of not more
than 10 years unless notice for termination is provided by
either party not later than 180 days before contract
termination. The Department would award contracts with a
combination of local, regional and national private sector
entities to develop individual and institutional networks of
high-performing health care providers. The Secretary could not
exercise an option to extend an existing medical support
contract with a private sector entity that would delay the
award of a new contract. Within 1 year of the award of new
medical support contracts, the Secretary would be required to
issue an open broad agency announcement to allow potential
contractors to propose innovative ideas and solutions to meet
the medical support contract needs of the Department. A medical
support contract awarded through the open broad agency
announcement would be deemed to meet the requirements under
section 2304 of title 10, United States Code, relating to use
of competitive procedures to procure services. For new medical
support contracts, the Department would be required to include,
to the extent practicable: 1) maximum flexibility in network
design and development; 2) integrated medical management
between military medical treatment facilities and network
providers; 3) maximum use of the full range of telehealth
services; 4) use of value-based reimbursement methods that
transfer financial risk to health care providers and medical
support contractors; 5) use of prevention and wellness
incentives to encourage beneficiaries to seek health care
services from high-value providers; 6) a streamlined enrollment
process and timely assignment of primary care managers; 7)
elimination of the requirement to seek authorization of
referrals for specialty care services; 8) the use of incentives
to encourage certain beneficiaries to engage in medical and
lifestyle intervention programs; and 9) the use of financial
incentives for contractors and health care providers to receive
an equitable share in cost savings resulting from improvement
in health outcomes and the experience of care for
beneficiaries. In establishing new medical support contracts,
the provision would require the Secretary to: 1) assess the
unique characteristics of providing health care services in
rural, remote, or isolated locations, such as Alaska, Hawaii,
and locations in the contiguous 48 states; 2) consider the
various challenges inherent in developing robust provider
networks in those locations; and 3) develop a provider
reimbursement rate structure in those locations that ensures
timely access to care, high quality primary and specialty care,
and improvement in health outcomes. Additionally, the Secretary
could not modify existing medical support contracts or enter
into new contracts in rural, remote, or isolated locations
until the Secretary certifies to the Committees on Armed
Services of the Senate and the House of Representatives that
those contracts would ensure timely access to care, high
quality care, better health outcomes, and a better experience
of care. The provision would also require the Comptroller
General of the United States to submit a report, by January 1,
2019, that assesses the compliance of the Secretary with the
requirements of this section.
The Senate bill contained another provision (sec. 727)
that would authorize the Secretary of Defense to enter into
contracts to provide health care, including behavioral health
care, to covered beneficiaries under the TRICARE program with
any of the following: 1) the Department of Veterans Affairs; 2)
an Indian tribe or tribal organization that is party to the
Alaska Native Health Compact with the Indian Health Service;
and 3) an Indian tribe or tribal organization that has entered
into a contract with the Indian Health Service to provide
health care in rural Alaska or other locations in the United
States.
The House amendment contained a provision (sec. 706) that
would authorize the Secretary of Defense to develop and
implement value-based incentive programs as part of TRICARE
contracts to encourage health care providers under the TRICARE
program to improve the quality of care and the experience of
care for covered beneficiaries. The provision would require the
Secretary to brief the Committees on Armed Services of the
Senate and the House of Representatives on the implementation
plan not later than 60 days before the Secretary modifies a
TRICARE contract to implement a value-based incentive program.
Furthermore, the provision would require the Secretary to brief
the committees, and any other appropriate congressional
committees, within 1 year after implementation and annually
through 2022, on the quality performance metrics and
expenditures related to the incentive program.
The House recedes with an amendment that would require
the Secretary of Defense to 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 beneficiaries. The amendment
would transfer contracting responsibility for the acquisition
of managed care support contracts under the TRICARE program,
initiated after the date of enactment of this Act, from the
Defense Health Agency to the Under Secretary of Defense for
Acquisition, Technology, and Logistics. The amendment would
require the Secretary to develop and implement, by January 1,
2018, a new acquisition strategy for managed care support
contracts under the TRICARE program and to modify contracts
existing prior to implementation of this strategy to ensure
consistency with the strategy.
The conferees remain concerned about the current
acquisition strategy for managed care support contracts under
the TRICARE program. The Department's current contract strategy
results in routine bid protests, implementation delays, high
management costs, and costly contract extensions. Under those
contracts, the Department remains solely at risk for the cost
of all healthcare services provided, and the adherence to fee-
for-service provider reimbursement fails to encourage
individual and institutional network providers to provide
higher quality care, better access to care, and higher patient
satisfaction at lower costs to the Department. As a result, the
conferees believe it is necessary to transfer contracting
responsibility for the acquisition of managed care support
contracts under the TRICARE program to the Under Secretary of
Defense for Acquisition, Technology, and Logistics.
Establishment of high performance military-civilian integrated health
delivery systems (sec. 706)
The Senate bill contained a provision (sec. 736) that
would require the Secretary of Defense, by January 1, 2018, to
establish high performance military-civilian integrated health
delivery systems through partnerships with other health
systems, including local or regional health systems in the
private sector, and the Veterans Health Administration. The
Department of Defense would accomplish these partnerships
either through memoranda of understanding or contracts between
military treatment facilities and private sector health
systems, such as health maintenance organizations, regional
health organizations, integrated health systems, and health
care centers of excellence, or the Veterans Health
Administration. Under this provision, covered beneficiaries
would be eligible to enroll in and receive medical services in
the private sector component of established military-civilian
integrated health networks. The Secretary of Defense would be
required to incorporate value-based reimbursement methodologies
into any memoranda of understanding or contracts to reimburse
private sector entities for medical services provided to
covered beneficiaries.
The House amendment contained a provision (sec. 707) that
would amend section 1096 of title 10, United States Code, to
authorize the Secretary of Defense to enter into partnership
agreements between military treatment facilities and local or
regional health care systems to deliver health care to
beneficiaries in a more effective, efficient, or economical
manner and provide members of the Armed Forces with additional
training opportunities to maintain operational medical force
readiness.
The House recedes with a clarifying amendment.
Joint Trauma System (sec. 707)
The House amendment contained a provision (sec. 708) that
would require the Secretary of Defense to submit an
implementation plan, within 180 days of enactment of this Act,
to the Committees on Armed Services of the Senate and the House
of Representatives 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 eligible for
trauma care at a military medical treatment facility (MTF). The
Secretary would not implement this plan until a 90-day period
has elapsed following the date that the Comptroller General of
the United States provides a review of the plan to the
committees. The Comptroller General would have 120 days to
review the plan. Under this provision, the Joint Trauma System
would: 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 MTFs; 3)
coordinate the translation of research from centers of
excellence of the Department into clinical trauma care
standards; and 4) coordinate the incorporation of lessons
learned from military-civilian trauma education and training
partnerships into clinical practice. The provision would also
authorize the Secretary to seek to enter into an agreement with
a nongovernmental entity to conduct a system-wide review of the
military trauma system.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Joint Trauma Education and Training Directorate (sec. 708)
The Senate bill contained a provision (sec. 734) that
would require the Secretary of Defense to implement measures to
improve and maintain the combat casualty care and trauma care
skills for health care providers of the Department of Defense
by January 1, 2018. The provision would require the Secretary
to: 1) conduct a comprehensive review of combat casualty care
and wartime trauma systems from January 1, 2001, to the present
time; 2) expand military-civilian trauma training sites to
provide enhanced training for integrated combat trauma teams;
3) establish a personnel management plan for important wartime
medical specialties; 4) develop standardized tactical combat
casualty care instructions and training for all servicemembers;
5) develop a comprehensive trauma care registry; 6) develop
quality of care outcome measures for combat casualty care; and
7) conduct research to understand better the causes of
morbidity and mortality of servicemembers in combat.
The House amendment contained a provision (Sec. 709) that
would require the Secretary of Defense to establish a Joint
Trauma Education and Training Directorate to ensure military
traumatologists maintain readiness skills and can be rapidly
deployed in future armed conflicts. Under this provision, the
Secretary would establish enduring partnerships with civilian
academic medical centers and large metropolitan teaching
hospitals with level one trauma centers to embed combat
casualty care teams, led by military traumatologists, within
trauma centers of medical centers and hospitals. The provision
would require the Secretary to conduct an analysis to determine
the number of military traumatologists, by specialty, that the
Department of Defense needs to meet combatant commander
requirements. Finally, this provision would require the
Secretary to submit an implementation plan to the Committees on
Armed Services of the Senate and the House of Representatives
by July 1, 2017.
The Senate recedes with an amendment that would combine
these two provisions.
Standardized system for scheduling medical appointments at military
treatment facilities (sec. 709)
The Senate bill contained a provision (sec. 732) that
would require the Secretary of Defense to implement, by January
1, 2018, a standardized medical appointment scheduling system
at military treatment facilities (MTFs) throughout the military
health system. Under this provision, no MTF would have the
authority to use an appointment scheduling system other than
the standardized system. Each MTF would make available a
centralized appointment system that allows beneficiaries to
make appointments, either by telephone or by an internet-
connected device, including by smartphone application, through
an online scheduling system available 24 hours per day, 7 days
per week. The online appointment system would be able to send
automated email and text message reminders to patients.
The House amendment contained a provision (sec. 710) that
would require the Secretary of Defense to ensure that military
treatment facilities implement: 1) first call resolution for
beneficiaries contacting the facility by telephone; 2)
standardized appointment scheduling that includes capabilities
to schedule follow-up appointments within a 6-month period or
longer from the date of the appointment request and to remind
beneficiaries of future appointments; 3) increased provider
productivity standards to improve access to care and medical
readiness requirements; and 4) maximum use of telehealth and
secure messaging between beneficiaries and health care
providers. This provision would require the Secretary to
implement the requirements by February 1, 2017, and provide a
briefing on implementation to the Committees on Armed Services
of the Senate and the House of Representatives by March 1,
2017.
The House recedes with an amendment that would require
the Secretary of Defense to: 1) implement a standardized
appointment system in the military health system by January 1,
2018, and provide to the Committees on Armed Services of the
Senate and the House of Representatives, by January 1, 2017, a
comprehensive plan to implement the system; 2) implement
standards for productivity of health care providers at MTFs;
and 3) submit a report to the committees, by March 1 of each
year, on the total number of missed appointments at MTFs for
which a covered beneficiary failed to appear without prior
notification during the 1-year period preceding the submission
of the report. Additionally, the provision would require the
Secretary to brief the committees on implementation of the
standardized appointment system and health care provider
productivity standards by February 1, 2018.
Subtitle B--Other Health Care Benefits
Extended TRICARE program coverage for certain members of the National
Guard and dependents during certain disaster response duty
(sec. 711)
The House amendment contained a provision (sec. 722) that
would amend chapter 55 of title 10, United States Code, to
extend TRICARE program coverage for certain members of the
National Guard and dependents performing certain disaster
response duty if the period immediately follows a period of
full-time National Guard duty. Under this provision, a member
would not receive extended TRICARE program coverage if a
governor of a state or the mayor of the District of Columbia
(DC) determines that such coverage is not in the best interest
of the member, state, or DC. This provision would authorize the
Secretary of Defense to charge a state or DC for the costs of
providing extended TRICARE program coverage to members of the
National Guard and their dependents.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that provides
discretionary authority to extend TRICARE program coverage for
certain members of the National Guard and dependents performing
certain disaster response duty if the period immediately
follows a period of full-time National Guard duty.
Additionally, the amendment would require the Secretary of
Defense to charge a state or DC for the costs of providing
extended TRICARE program coverage to members of the National
Guard and their dependents if such coverage is extended.
Continuity of health care coverage for reserve components (sec. 712)
The Senate bill contained a provision (sec. 707) that
would authorize the Secretary of Defense to carry out a pilot
program jointly with the Director of the Office of Personnel
Management (Director), of at least 5 years duration, to provide
commercial health insurance coverage to eligible reserve
component members who enroll for either individual, self plus
one, or self and family coverage. If the Secretary and the
Director determine that a pilot program is feasible, the
Director would contract with qualified health insurance
carriers to provide eligible beneficiaries with a variety of
high quality health benefits plans, which could vary by plan
design, covered benefits, geography, and price. Reserve
component members and their family members would not be
eligible to enroll in a health plan in the pilot program if
they are eligible to enroll in a health benefits plan under the
Federal Employees Health Benefits Program.
Under the pilot program, the Secretary could contract
with qualified health insurance carriers to provide coverage
for health care services provided at military treatment
facilities to pilot program participants, and the Department
would receive payment from those carriers for any services
provided at those facilities. Family members of an eligible
reserve component member could remain covered under the pilot
program even when the reserve component member became
ineligible for coverage while serving on Active Duty for a
period greater than 30 days.
In addition, an eligible reserve component member would
be responsible for payment of all cost sharing amounts
applicable to the health benefits plan plus an annual premium
amount equal to 28 percent of the total annual amount of the
premium under the plan. During a period in which a reserve
component member served on Active Duty for more than 30 days,
the premium amount and cost shares would be zero for eligible
family members.
In consultation with the Secretary of Homeland Security,
the Secretary would provide recommendations and data to the
Director on matters regarding military treatment facilities,
matters unique to eligible reserve component members and their
families, and any other guidance necessary to administer the
pilot program. The Secretary and the Director would jointly
establish a funding mechanism for the pilot program, and the
Secretary would make funds available to the Director, without
fiscal year limitation, for payment of health plan costs and
administrative expenses.
The House amendment contained a provision (sec. 712) that
would require the Secretary of Defense to study options for
providing health care coverage to certain current and former
members of the Selected Reserve and to submit a report of the
findings and recommendations to the congressional defense
committees within 180 days of the date of enactment of this
Act.
The Senate recedes with an amendment that would combine
these provisions. The resultant provision would require the
Director to submit to the Secretary of Defense, on an annual
basis during each year the pilot program may be conducted,
information on the use of health care benefits under the pilot
program. The provision would also require the Secretary to
submit an initial and a final report on the pilot program to
the Committees on Armed Services of the Senate and the House of
Representatives. Finally, the provision would clarify the
elements required in the study of options for providing health
care coverage that improves the continuity of health care
provided to certain current and former members of the Selected
Reserve.
Provision of hearing aids to dependents of retired members (sec. 713)
The House amendment contained a provision (sec. 721) that
would amend section 1077 of title 10, United States Code, to
authorize the Secretary of Defense to sell hearing aids to
dependents of retired members of the uniformed services.
The Senate bill contained no similar provision.
The Senate recedes.
Coverage of medically necessary food and vitamins for certain
conditions under the TRICARE program (sec. 714)
The Senate bill contained a provision (sec. 704) that
would amend section 1077 of title 10, United States Code, to
provide TRICARE program coverage for medically necessary food,
including the equipment and supplies necessary to administer
that food, and vitamins for digestive disorders and inherited
metabolic disorders.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Eligibility of certain beneficiaries under the TRICARE program for
participation in the Federal Employees Dental and Vision
Insurance Program (sec. 715)
The Senate bill contained a provision (sec. 703) that
would amend sections 8951 and 8981 of title 5, United States
Code, to require the Secretary of Defense to enter into an
agreement with the Director of the Office of Personnel
Management to offer eligible beneficiaries the opportunity to
purchase dental and vision insurance currently available to
federal employees under the Federal Employees Dental and Vision
Insurance Program.
The House amendment contained no similar provision.
The House recedes with an amendment that would make this
provision effective on or after January 1, 2018.
Applied behavior analysis (sec. 716)
The Senate bill contained a provision (sec. 758) that
would require the Secretary of Defense, on the date of
enactment of this Act, to reinstate the reimbursement rates in
effect on March 1, 2016, for the provision of applied behavior
analysis therapy and to preserve those rates throughout the
duration of the Comprehensive Autism Care Demonstration program
conducted under section 705 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10
U.S.C. 1092 note), as extended and modified by the Secretary.
The House amendment contained a provision (sec. 734) that
would require the Secretary to ensure that the reimbursement
rates for providers of applied behavior analysis are not less
than the rates in effect on March 31, 2016. The provision would
require the Assistant Secretary of Defense for Health Affairs,
upon completion of the demonstration, to conduct an analysis of
the program and to submit a report to the Committees on Armed
Services of the Senate and the House of Representatives.
The Senate recedes with an amendment that would require
the analysis to include a determination of whether the use of
applied behavioral analysis under the demonstration improved
outcomes for beneficiaries with autism spectrum disorder.
Evaluation and treatment of veterans and civilians at military
treatment facilities (sec. 717)
The Senate bill contained a provision (sec. 706) that
would authorize a veteran or civilian to be evaluated and
treated at a military treatment facility (MTF) if the Secretary
of Defense determines that: 1) the evaluation and treatment of
the individual is necessary to maintain the medical readiness
skills and competencies of health care providers at the
facility; 2) health care providers at the facility have the
competencies, skills, and abilities to treat the individual;
and 3) the facility has available space, equipment, and
materials. The provision would authorize an MTF to bill and
accept reimbursement for services provided to a civilian
patient. Under this provision, the Secretary of Defense would
be required to enter into a memorandum of understanding with
the Secretary of Veterans Affairs whereby the Secretary of
Veterans Affairs would reimburse an MTF for the costs of any
health care services provided to individuals eligible for
health care services from the Department of Veterans Affairs
(VA).
The House amendment contained no similar provision.
The House recedes with an amendment that would: 1)
prioritize the evaluation and treatment of covered
beneficiaries in MTFs ahead of the evaluation and treatment of
veterans and civilians in those facilities; 2) require an MTF
to bill and to accept reimbursement from a civilian or a third-
party payer on behalf of the individual for the costs of health
care services provided to the individual; and 3) require the
Secretary of Defense to enter into a memorandum of agreement
with the Secretary of Veterans Affairs under which the
Secretary of Veterans Affairs would reimburse an MTF, using a
prospective payment methodology, for the costs of any health
care services provided to an individual eligible for health
care services from the VA.
Enhancement of use of telehealth services in military health system
(sec. 718)
The Senate bill contained a provision (sec. 705) that
would require the Secretary of Defense, within 1 year of the
date of enactment of this Act, to incorporate the use of
telehealth services throughout the direct and purchased care
components of the military health system. The provision would
require the Department to make telehealth services available
to: 1) improve access to primary care, urgent care, behavioral
health care, and specialty care; 2) perform health assessments;
3) provide diagnoses, treatments, interventions, and
supervision; 4) monitor individual health outcomes of covered
beneficiaries with chronic diseases or conditions; 5) improve
communication between health care providers and patients; and
6) reduce health care costs for beneficiaries and the
Department of Defense.
The provision would require the Secretary to establish
standardized payment methods to reimburse health care providers
for telehealth services provided to covered beneficiaries in
the purchased care component of the TRICARE program to
incentivize the provision of telehealth services. The provision
would also require the Secretary to reduce or eliminate co-
payments or cost-shares for covered beneficiaries for receipt
of telehealth services.
The provision would require the Secretary to submit an
initial report, within 180 days of the date of enactment of
this Act, to the Committees on Armed Services of the Senate and
the House of Representatives, describing the full range of
telehealth services to be available in the direct and purchased
care components of the military health system. Within 3 years
after the date of incorporation of telehealth services
throughout the military health system, the Secretary would be
required to submit a final report to the committees describing
the impact made by use of telehealth services in the direct and
purchased care components of the military health system.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment that would
require the implementation of the use of telehealth services
throughout the direct and purchased care components of the
military health system not later than 18 months after the date
of enactment of this Act and would delete the requirement that
the location of the provider be considered to be the location
of care.
Authorization of reimbursement by Department of Defense to entities
carrying out state vaccination programs for costs of vaccines
provided to covered beneficiaries (sec. 719)
The Senate bill contained a provision (sec. 757) that
would authorize the Secretary of Defense to reimburse an entity
carrying out a state vaccination program for the cost of
providing vaccines to covered beneficiaries. Under this
provision, the amount of reimbursement could not exceed the
amount that the Department would reimburse an entity for
providing vaccines to covered beneficiaries under the TRICARE
program.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle C--Health Care Administration
Authority to convert military medical and dental positions to civilian
medical and dental positions (sec. 721)
The Senate bill contained a provision (sec. 724) that
would amend chapter 49 of title 10, United States Code, to
authorize the Department of Defense to convert military medical
and dental positions to civilian positions if: 1) conversion
would not result in a loss of a military-essential position; 2)
conversion would not result in degradation of medical care or
the medical readiness of the Armed Forces; and 3) conversion to
a civilian position would be more cost effective.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense, in collaboration with the service
secretaries, to establish a process to define military medical
and dental personnel requirements necessary to meet operational
medical force readiness requirements. The amendment would
authorize conversion of a military medical or dental position
to a civilian medical or dental position if the Secretary
determines that the position is unnecessary to meet operational
medical force readiness requirements. Additionally, the
amendment would require the Secretary to convert an applicable
military position to a civilian position with a level of
compensation commensurate with the skills and experience
necessary to conduct the duties of the civilian position. The
Secretary would not be authorized to place any limitation on
the grade or level to which the military position would be
converted. Finally, the amendment would require the Secretary
to submit a report, within 90 days of enactment of this Act, to
the Committees on Armed Services of the Senate and the House of
Representatives that: 1) describes the process established to
define military medical and dental personnel requirements
necessary to meet operational medical force readiness
requirements; and 2) provides a complete list, by position, of
the military medical and dental requirements necessary to meet
operational medical force readiness requirements. The amendment
would not authorize conversions of military medical or dental
positions to civilian positions until 180 days after the date
on which the Secretary submits the report to the committees.
Prospective payment of funds necessary to provide medical care for the
Coast Guard (sec. 722)
The House amendment contained a provision (sec. 731) that
would amend chapter 13 of title 14, United States Code, to
require the Secretary of Homeland Security to make a
prospective payment to the Secretary of Defense of an amount
that represents the actuarial valuation of medical treatment or
care provided to members of the Coast Guard, former members of
the Coast Guard, and their dependents at facilities under the
jurisdiction of the Department of Defense except during any
period in which the Coast Guard operates as a service in the
Navy.
The Senate bill contained no similar provision.
The Senate recedes.
Reduction of administrative requirements relating to automatic renewal
of enrollments in TRICARE Prime (sec. 723)
The Senate bill contained a provision (sec. 739) that
would eliminate an annual requirement that the managed care
support contractors under the TRICARE program generate and mail
an enrollment renewal letter to all beneficiaries enrolled in
TRICARE Prime.
The House amendment contained no similar provision.
The House recedes.
Modification of authority of Uniformed Services University of the
Health Sciences to include undergraduate and other medical
education and training programs (sec. 724)
The Senate bill contained a provision (sec. 753) that
would amend sections 2112(a) and 2113 of title 10, United
States Code, to authorize the Uniformed Services University of
the Health Sciences to grant certificates, certification, and
undergraduate degree programs in addition to advanced degrees.
The House amendment contained no similar provision.
The House recedes.
Adjustment of medical services, personnel authorized strengths, and
infrastructure in military health system to maintain readiness
and core competencies of health care providers (sec. 725)
The Senate bill contained a provision (sec. 735) that
would require the Secretary of Defense to implement measures,
within 180 days of the date of enactment of this Act, to
maintain the critical wartime medical readiness skills and core
competencies of health care providers within the Armed Forces.
The provision would require the Secretary to implement a
measure to ensure the Services do not substitute a medical
specialty required for medical force readiness with another
medical specialty. Additionally, the provision would require
the Secretary to: 1) modify medical services; 2) reduce
authorized strengths of military and civilian personnel; and 3)
reduce or eliminate unnecessary infrastructure in the military
health system such that military treatment facilities would
provide only those services required to maintain the critical
wartime medical skills and core competencies of health care
providers and to ensure the medical readiness of the Armed
Forces. Moreover, this provision would require the Comptroller
General of the United States to provide a report, within 18
months of the date of enactment of this Act, which assesses the
Department's implementation of this provision, to the
Committees on Armed Services of the Senate and the House of
Representatives.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary to implement measures, within 1 year of the date
of enactment of this Act, to maintain the critical wartime
medical readiness skills and core competencies of health care
providers within the Armed Forces. In implementing those
measures, the Secretary must ensure that the medical services
provided in military medical treatment facilities (MTFs), the
authorized strengths of military and civilian personnel working
in MTFs, and the infrastructure of MTFs maintain the critical
wartime medical readiness skills and core competencies of
health care providers within the Armed Forces. The amendment
would not require the Secretary to implement any of these
measures at MTFs located in a foreign country if the Secretary
determines that beneficiaries in that country would not have
access to medical services in that country similar to access to
medical services for covered beneficiaries in the United
States.
Program to eliminate variability in health outcomes and improve quality
of health care services delivered in military medical treatment
facilities (sec. 726)
The Senate bill contained a provision (sec. 730) that
would require the Secretary of Defense to conduct a program,
beginning not later than January 1, 2018, to: 1) establish best
practices for the delivery of health care services for certain
diseases or conditions at military treatment facilities (MTFs);
2) incorporate those best practices into the daily operations
of MTFs participating in the program; and 3) eliminate
variability in health outcomes and improve the quality of
health care services delivered at MTFs. Under this provision,
the Secretary would conduct the program in three phases and be
required to complete each phase within 180 days following
initiation of that phase. The initiation of phases two and
three would immediately follow completion of the previous
phase. The provision would require the Secretary, during the
conduct of the program, to continuously monitor and adjust the
health care services delivered at MTFs and the number of
patients enrolled at those facilities to ensure: 1) a high
degree of safety and quality in the delivery of health care at
those facilities; and 2) the delivery of only those health care
services critical for maintaining operational medical force
readiness and the medical readiness of the Armed Forces.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary, by January 1, 2018, to implement a program to
establish best practices for the delivery of health care
services for certain diseases or conditions at MTFs, as
selected by the Secretary, and to incorporate those best
practices into the daily operations of MTFs to eliminate
variability in health outcomes and to improve the quality of
care at MTFs. In conducting this program, the Secretary shall
develop, implement, monitor, and update clinical practice
guidelines reflecting best practices for the delivery of health
care services. The amendment would require the Secretary to
monitor the implementation of the clinical practice guidelines
and to update those guidelines periodically through a process
of continual assessment of evidence-based best practices within
the direct care component of the military health system and the
private sector.
Acquisition strategy for health care professional staffing services
(sec. 727)
The Senate bill contained a provision (sec. 738) that
would amend section 725(a) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291), to require the Department of
Defense to implement a performance-based, strategic sourcing
contract for acquiring health care professional staffing
services for the military health system. The provision would
require all components of the military health system to use the
contract, and the Department would be required to develop a
process for obtaining a waiver, based on documented rationale,
to use another contract or acquisition approach.
The Senate bill also contained a provision (sec. 737)
that would require the Secretary of Defense to enter into
centrally-managed, performance-based contracts with private
sector entities to augment the delivery of health care services
at military treatment facilities (MTFs) with limited or
restricted ability to provide services such as primary care or
expanded-hours urgent care. Under this provision, contracts
would be designed to purchase improvement in health outcomes
for covered beneficiaries seeking health care services in MTFs.
This provision would require the Secretary to submit a plan to
the Committees on Armed Services of the Senate and the House of
Representatives, within 180 days of enactment of this Act, that
includes: 1) a description of the number and types of contracts
the Secretary intends to procure; and 2) a description of the
performance measures used in procuring performance-based
contracts.
The House amendment contained no similar provisions.
The House recedes with an amendment that would combine
these provisions. The amendment would require the Secretary of
Defense to develop and carry out a performance-based, strategic
sourcing acquisition strategy for health care professional
services at MTFs located in a state. The new acquisition
strategy, as developed by the Secretary, would require all MTFs
to use the contracts awarded under the strategy, but it would
provide a process for an MTF to obtain a waiver of this
requirement to use another acquisition strategy. The amendment
would require the Secretary to submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives, by July 1, 2017, on the status of implementing
the new acquisition strategy. Finally, the amendment would
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).
Adoption of core quality performance metrics (sec. 728)
The House amendment contained a provision (sec. 711) that
would require the Secretary of Defense to adopt the core
quality performance measures agreed upon by a collaborative
group of federal agencies, private sector health insurance
plans, national physician organizations, employers, and health
care consumers. These core quality performance measures would
be used to evaluate the performance of the direct care and
purchased care components of the military health system.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would include
in the core quality metrics such other sets of core quality
performance metrics released by the Core Quality Measures
Collaborative as the Secretary considers appropriate. The
amendment would amend section 1073b of title 10, United States
Code, to require the Secretary to include the core quality
performance metrics mandated under this section in those
metrics publicly available on an Internet website of the
Department of Defense.
Improvement of health outcomes and control of costs of health care
under TRICARE program through programs to involve covered
beneficiaries (sec. 729)
The Senate bill contained a provision (sec. 728) that
would require the Secretary of Defense, by January 1, 2018, to
implement programs to increase involvement of covered
beneficiaries in making health care decisions and to encourage
beneficiaries to share more responsibility for the improvement
in their health outcomes through participation in medical and
lifestyle intervention programs. This provision would
incentivize those beneficiaries with chronic diseases or
conditions, such as diabetes, asthma, or depression, or those
exhibiting unhealthy behaviors, such as tobacco use or obesity,
to participate in comprehensive medical or lifestyle
intervention programs designed to improve beneficiaries' health
outcomes and functional status while controlling health care
costs for those beneficiaries and the Department. This
provision would also authorize the Secretary to charge and
collect a fee from a covered beneficiary, other than an Active-
Duty servicemember, for failure to notify a military treatment
facility, within 24 hours of a scheduled appointment with a
health care provider, that the beneficiary will be unable to
attend the appointment. The Secretary of Defense would be
required to submit a report to the Committees on Armed Services
of the Senate and the House of Representatives, by January 1,
2020, that describes implementation of the programs mandated
under this provision.
The House amendment contained no similar provision.
The House recedes with an amendment that would also
require the Secretary to establish a program to incentivize the
maintenance of a healthy lifestyle, such as exercise and weight
management, among covered beneficiaries. The amendment would
not authorize the Secretary to charge and collect a fee from a
covered beneficiary, other than an Active-Duty servicemember,
for failure to notify a military treatment facility, within 24
hours of a scheduled appointment with a health care provider,
that the beneficiary will be unable to attend the appointment.
The conferees are concerned, however, about the high
number of failed medical appointments in the military health
system. From October 2014 through September 2015, there were
over 1.6 million scheduled appointments missed by all
categories of beneficiaries. The large number of failed
appointments negatively affects access to care for all
beneficiaries. The conferees strongly urge the Secretary to
implement programs to minimize the number of failed
appointments in military hospitals and clinics.
Accountability for the performance of the military health system of
certain leaders within the system (sec. 730)
The Senate bill contained a provision (sec. 722) that
would require the Secretary of Defense and the secretaries of
the military departments, within 180 days of the date of
enactment of this Act, to incorporate performance
accountability measures into the annual performance reviews of
certain leadership positions in the military health care
system. The provision would prohibit payment of a performance
bonus to a civilian employee of the Department of Defense
occupying a position, specified in the provision, unless the
operations of the military health care system met or exceeded
performance measures during the period of the employee's annual
performance review. The Secretary of Defense would submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives, within 180 days of enactment of
this Act, which describes the incorporation of performance
accountability measures in the annual performance reviews of
leadership positions in the military health care system.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to determine which military and
civilian leaders in the military health system would be
required to have measures of accountability incorporated into
their performance reviews and would delete the prohibition on
performance bonuses for civilian employees who do not meet or
exceed performance measures.
Establishment of advisory committees for military treatment facilities
(sec. 731)
The Senate bill contained a provision (sec. 731) that
would require the Secretary of Defense to establish an advisory
committee for each military medical treatment facility (MTF).
Each advisory committee would include six beneficiaries
eligible for health care services in the military health
system: 1) two Active-Duty servicemembers; 2) two Active-Duty
family members; and 3) two military retirees.
The House amendment contained no similar provision.
The House recedes with an amendment that would not
prescribe the composition of members of an advisory committee
established by the Secretary. The amendment would also clarify
that each advisory committee shall provide advice to the
commanding officer or director of a MTF on the administration
and activities of the facility as it relates to the experience
of care for beneficiaries.
Subtitle D--Reports and Other Matters
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.
741)
The Senate bill contained a provision (sec. 755) that
would extend the authority for the joint Department of Defense-
Department of Veterans Affairs demonstration fund from
September 30, 2017, to September 30, 2018.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to submit a report, not later than
March 30, 2017, to the Committees on Armed Services of the
Senate and the House of Representatives 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) that remain unimplemented as of the date of the
report.
Pilot program on expansion of use of physician assistants to provide
mental health care to members of the Armed Forces (sec. 742)
The Senate bill contained a provision (sec. 751) that
would require the Secretary of Defense to commence a physician
assistant psychiatric fellowship pilot program, within 1 year
of the date of enactment of this Act, to assess the feasibility
and advisability of expanding the use of physician assistants
specializing in psychiatric medicine. The pilot program would
consist of two rounds with each round taking a maximum of 2
years to complete. Under this provision, the Secretary would
select a least five individuals to participate in the pilot
program for each round. Within 180 days after the date the
Secretary completes the first round of the psychiatric
fellowship pilot program, the Secretary would submit an initial
report to the Committees on Armed Services of the Senate and
the House of Representatives on the program. Subsequently, the
Secretary would submit a final report that updates the initial
report within 90 days after termination of the pilot program.
The authority for the pilot program would terminate upon
completion of the second round of the psychiatric fellowship
program.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary to conduct a pilot program to assess the
feasibility and advisability of expanding the use of physician
assistants specializing in psychiatric medicine at medical
facilities of the Department of Defense. If the Secretary
conducts the pilot program, the Secretary would submit a report
to the Committees on Armed Services of the Senate and the House
of Representatives on the pilot program within 90 days of
completion of the program.
Pilot program for prescription drug acquisition cost parity in the
TRICARE pharmacy benefits program (sec. 743)
The House amendment contained a provision (sec. 745) that
would authorize the Secretary of Defense to conduct a pilot
program to evaluate whether extending additional discounts for
prescription drugs filled at TRICARE retail network pharmacies
would either maintain or reduce prescription drug costs for the
Department of Defense. If the Secretary decides to conduct the
pilot program, the Secretary would submit to the congressional
defense committees: 1) an initial report, within 90 days of
enactment of this Act, containing an implementation plan for
the pilot program; 2) an interim report within 180 days after
the pilot program begins; and 3) a final report, within 90 days
of the end of the pilot program, describing the results of the
program.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary, in conducting the pilot program, to allow any
TRICARE beneficiaries, other than Medicare-eligible
beneficiaries, to participate in the pilot program.
The amendment would also modify the requirements for the
final report.
Pilot program on display of wait times at urgent care clinics and
pharmacies of military medical treatment facilities (sec. 744)
The Senate bill contained a provision (sec. 733) that
would require the commander or director of a military treatment
facility, by January 1, 2018, to display in a conspicuous
location at each urgent care clinic, emergency department, and
pharmacy in a military treatment facility (MTF) an electronic
sign that displays the current average wait time either to be
seen by a qualified medical provider or to receive a filled
prescription of a pharmaceutical agent. The provision would
prescribe how the commander or director should determine the
average wait times for beneficiaries at urgent care clinics,
emergency departments, and pharmacies in military treatment
facilities.
The House amendment contained a provision (sec. 746) that
would require the Secretary of Defense to study the feasibility
of displaying average wait times at urgent care clinics,
pharmacies, and emergency departments of MTFs and to submit a
report, which includes the estimated costs for displaying wait
times, to the Committees on Armed Services of the Senate and
the House of Representatives by March 1, 2017.
The Senate recedes with an amendment that would require
the Secretary of Defense to conduct a pilot program, not later
than 1 year after the date of enactment of this Act, for the
display of wait times in urgent care clinics and pharmacies of
MTFs. The provision would require the Secretary to submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives within 90 days of completion of
the pilot program that would include, among the report
elements, a determination of the feasibility of expanding the
posting of wait times in emergency departments in MTFs.
Requirement to review and monitor prescribing practices at military
treatment facilities of pharmaceutical agents for treatment of
post-traumatic stress (sec. 745)
The Senate bill contained a provision (sec. 761) that
would require the Secretary of Defense, within 180 days of
enactment of this Act, to: 1) conduct a comprehensive review of
the prescribing practices at military treatment facilities of
pharmaceutical agents for the treatment of post-traumatic
stress (PTS); 2) implement a process or processes to monitor
the prescribing practices at military treatment facilities of
pharmaceutical agents discouraged from use under the clinical
practice guideline for management for PTS published by the
Department of Defense (DOD) and the Department of Veterans
Affairs (VA); 3) implement a plan to address any deviations
from that guideline in the prescribing practices of
pharmaceutical agents for management of PTS; and 4) implement a
plan to address any instances where benzodiazepines and opioids
are concurrently prescribed.
The House amendment contained a similar provision (sec.
732)
The Senate recedes.
Department of Defense study on preventing the diversion of opioid
medications (sec. 746)
The House amendment contained a provision (sec. 750) that
would require the Secretary of Defense to conduct a study on
the feasibility and effectiveness in preventing the diversion
of opioid medications by requiring opioid medications to be
dispensed in vials designed to prevent unauthorized access to
those medications and by educating patients and family members,
with special emphasis on adolescents, on the risks associated
with opioid medications.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Incorporation into survey by Department of Defense of questions on
experiences of members of the Armed Forces with family planning
services and counseling (sec. 747)
The Senate bill contained a provision (sec. 759) that
would require the Secretary of Defense, within 90 days after
the date of enactment of this Act, to begin action to integrate
into certain surveys administered by the Department of Defense
questions designed to obtain information on the experiences of
service women with family planning and counseling.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense, within 90 days of enactment of this
Act, to initiate action to integrate into the the Health
Related Behavior Survey of Active-Duty Military Personnel
questions designed to obtain information on the experiences of
servicemembers with family planning and counseling.
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. 748)
The Senate bill contained a provision (sec. 760) that
would require the Secretary of Defense, within 180 days of
enactment of this Act, to 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 to 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 benefits under the TRICARE
program. Within 180 days after completing the assessment, the
Secretary shall submit a report detailing the results of the
assessment to the Committees on Armed Services of the Senate
and the House of Representatives. This provision would also
amend section 1079(h)(4)(C)(ii) of title 10, United States
Code, to expand the authority of the Secretary to eliminate
balance billing for families of members of the reserve
components of the Armed Forces serving on Active Duty.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Oversight of graduate medical education programs of military
departments (sec. 749)
The Senate bill contained a provision (sec. 752) that
would require the Secretary of Defense to implement a phased
plan, within 1 year of the date of enactment of this Act, to
eliminate those graduate medical education programs of the
Department that do not directly support the medical force
readiness requirements for health care providers within the
Armed Forces. The Secretary would provide a report, within 180
days of the date of enactment of this Act, which provides the
Department's plan to eliminate graduate medical education
programs non-essential for medical force readiness.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense, within 1 year of the date of
enactment of this Act, to establish and implement a process to
provide oversight of the graduate medical education programs of
the military departments to ensure that those 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 amendment would require the
Secretary, within 30 days of the establishment of the oversight
process, to submit a report to the Committees on Armed Services
of the Senate and the House of Representatives that describes
the process. In addition, the amendment would require the
Comptroller General of the United States to conduct a review of
the oversight process and to provide a report to the committees
within 180 days after the date that the Secretary submits the
Department's report to the committees.
Study on health of helicopter and tiltrotor pilots (sec. 750)
The House amendment contained a provision (sec. 744) that
would require the Secretary of Defense to conduct a long-term
study of helicopter and tiltrotor pilots to assess the acute
and chronic medical conditions of those pilots. The provision
would also require the Secretary to brief the Committees on
Armed Services of the Senate and the House of Representatives
on the results of the study.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to submit a report to the Committees on Armed
Services of the Senate and the House of Representatives not
later than 30 days after completion of the study.
Comptroller General reports on health care delivery and waste in
military health system (sec. 751)
The Senate bill contained a provision (sec. 763) that
would require the Comptroller General of the United States,
within 1 year after the date of enactment of this Act, and at
least annually thereafter for 4 years, to submit to the
Committees on Armed Services of the Senate and the House of
Representatives, a report assessing and identifying potential
waste and inefficiency relating to the delivery of health care
within the military health system.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Legislative Provisions Not Adopted
Modifications of cost-sharing requirements for the TRICARE pharmacy
benefits program and treatment of certain pharmaceutical agents
The Senate bill contained a provision (sec. 702) that
would modify cost-sharing amounts for the TRICARE pharmacy
benefits program for years 2017 through 2025. After 2025, the
Department could establish cost-sharing amounts equal to the
cost-sharing amounts for the previous year adjusted by an
amount, if any, to reflect increases in costs of pharmaceutical
agents and pharmacy dispensing fees. With this provision,
beneficiaries would continue to receive pharmaceuticals at no
cost in military medical treatment facilities. Under this
provision, there would be no changes to cost-sharing amounts
for survivors of members who died on Active Duty or for
disabled retirees and their family members. The provision would
authorize the Secretary of Defense, upon recommendation from
the Pharmacy and Therapeutics Committee and review by the
Uniform Formulary Beneficiary Advisory Panel, to exclude from
the pharmacy benefits program any pharmaceutical agent that the
Secretary determines provides little or no value to covered
beneficiaries and the Department. Additionally, the Secretary
would give preferential status to any non-generic
pharmaceutical agent on the uniform formulary by treating it,
for the purposes of cost-sharing, as a generic product under
the TRICARE retail pharmacy and mail order programs. Finally,
the provision would authorize the Secretary to adopt special
reimbursement methods, amounts, and procedures in medical
contracts to encourage physicians to use high-value
pharmaceutical agents and to discourage use of low-value
agents.
The House amendment contained no similar provision.
The Senate recedes.
Pilot program on treatment of members of the Armed Forces for post-
traumatic stress disorder related to military sexual trauma
The Senate bill contained a provision (sec. 708) that
would authorize the Secretary of Defense to conduct a pilot
program, of not more than 3 years duration, to award
competitive grants to community partners to provide intensive
outpatient programs to treat members of the Armed Forces
suffering from post-traumatic stress disorder resulting from
military sexual trauma, including treatment for substance use
disorder, depression, and other issues related to those
conditions.
The House amendment contained no similar provision.
The Senate recedes.
Selection of commanders and directors of military treatment facilities
and tours of duty of commanders of such facilities
The Senate bill contained a provision (sec. 723) that
would require the Secretary of Defense to develop common
qualifications and core competencies required for selection of
commanders or directors of military medical treatment
facilities. The provision would also establish a minimum length
of 4 years for tours of duty, with limited exceptions, for
those commanders or directors to ensure greater stability in
health system executive management at each facility and
throughout the military health system.
The House amendment contained no similar provision.
The Senate recedes.
Use of mefloquine for malaria
The House amendment contained a provision (sec. 733) that
would: 1) limit the use of mefloquine for malaria prophylaxis
to servicemembers with intolerance or contraindications to
other chemoprophylaxis agents; 2) require licensed medical
providers to prescribe mefloquine on an individual basis; and
3) require medical providers to counsel servicemembers on the
potential side effects of the drug and to provide written
patient information required by the Food and Drug
Administration.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that mefloquine is one of several
drugs recommended by the Centers for Disease Control to prevent
malaria and to treat certain forms of the disease. The
conferees are concerned, however, that mefloquine may produce
serious neuropsychiatric side effects such as depression,
auditory and visual hallucinations, anxiety, and suicidal
ideation. The conferees urge the Department of Defense to limit
the prescription of mefloquine to those servicemembers who may
be unable to take other first-line anti-malarial drugs. If
medical providers must prescribe mefloquine to certain
servicemembers, providers must ensure that those servicemembers
understand the potential adverse effects of the drug.
Mental health resources for members of the military services at high
risk of suicide
The House amendment contained a provision (sec. 741) that
would require the Secretary of Defense to: 1) develop a
methodology that identifies servicemembers and military units
at high risk of suicide; and 2) provide additional preventative
and mental health treatment resources for servicemembers.
The Senate bill contained no similar provision.
The House recedes.
Research of chronic traumatic encephalopathy
The House amendment contained a provision (sec. 742) that
would provide that not more than $25 million of the funds
available for advanced development for research, development,
test, and evaluation for the Defense Health Program for fiscal
year 2017 may be used to award grants to medical researchers
and universities to support research into early detection of
chronic traumatic encephalopathy.
The Senate bill contained no similar provision.
The House recedes.
Active oscillating negative pressure treatment
The House amendment contained a provision (sec. 743) that
would require the Secretary of Defense to consider using non-
invasive technologies, such as active oscillating negative
pressure, to treat servicemembers who have incurred injuries
from blast-related events.
The Senate bill contained no similar provision.
The House recedes.
Report on feasibility of including acupuncture and chiropractic
services for retirees under TRICARE program
The House amendment contained a provision (sec. 747) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on the feasibility of
providing acupuncture and chiropractic services under the
TRICARE program to beneficiaries who are retired members of the
uniformed Services.
The Senate bill contained no similar provision.
The House recedes.
Clarification of submission of reports on longitudinal study on
traumatic brain injury
The House amendment contained a provision (sec. 748) that
would clarify that 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) should not apply to reports
submitted by the Secretary of Defense to Congress under section
721 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2294).
The Senate bill contained no similar provision.
The House recedes.
Increased collaboration with NIH to combat triple negative breast
cancer
The House amendment contained a provision (sec. 749) that
would require the Department of Defense to: 1) collaborate with
the National Institutes of Health to identify genetic and
molecular targets and biomarkers for triple negative breast
cancer; and 2) provide information in biomarker selection, drug
discovery, and clinical trials design to enable early
identification of this form of breast cancer and development of
multiple targeted therapies for the disease.
The Senate bill contained no similar provision.
The House recedes.
Memoranda of agreement with institutions of higher education that offer
degrees in allopathic or osteopathic medicine
The Senate bill contained a provision (sec. 754) that
would require the Secretary of Defense to enter into memoranda
of agreement with local or regional allopathic or osteopathic
schools of medicine to establish military treatment facilities
as affiliate teaching hospitals.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the Department of Defense has
existing authority to enter into agreements with medical
schools to establish military treatment facilities as affiliate
teaching hospitals, and the conferees strongly urge the
Department to expand those affiliations. By sharing training
facilities, staffing, and material resources, the conferees
believe these new academic affiliations could help improve and
sustain operational medical force readiness and serve as
productive recruiting grounds for new military physicians.
Prohibition on conduct of certain medical research and development
projects
The Senate bill contained a provision (sec. 756) that
would prohibit the Secretary of Defense and each service
secretary from funding or conducting a medical research and
development project unless the secretary concerned determines
that the project would protect, enhance, or restore the health
and safety of members of the Armed Forces.
The House amendment contained no similar provision.
The Senate recedes.
The conferees express concern regarding the amount of
congressional funding for medical research in the Department of
Defense's (DOD) Congressionally Directed Medical Research
Program. Since 1992, Congress has appropriated almost $10
billion for medical research--most of it outside of DOD's core
medical research mission and not requested in the Department's
annual budget requests.
Report on plan to improve pediatric care and related services for
children of members of the Armed Forces
The Senate bill contained a provision (sec. 762) that
would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth a plan of the Department
to improve pediatric care and related services for children of
members of the Armed Forces.
The House amendment contained no similar provision.
The Senate recedes.
Treatment of certain provisions relating to limitations, transparency,
and oversight regarding medical research conducted by the
Department of Defense
The Senate bill contained a provision (sec. 764) that
would require sections 756 and 898 of the Senate bill relating
to limitations, transparency, and oversight regarding medical
research conducted by the Department of Defense to have no
force or effect.
The House amendment contained no similar provision.
The Senate recedes.
Title VIII--Acquisition Policy, Acquisition Management, and Related
Matters
Subtitle A--Acquisition Policy and Management
Rapid acquisition authority amendments (sec. 801)
The Senate bill contained a provision (sec. 801) that
would amend section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314) to
better integrate and conform the provision with the rapid
acquisition authorities established in section 804 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92).
The House amendment contained no similar provision.
The House recedes.
Authority for temporary service of Principal Military Deputies to the
Assistant Secretaries of the military departments for
acquisition as Acting Assistant Secretaries (sec. 802)
The Senate bill contained a provision (sec. 802) that
would amend sections 3016(b)(5)(B), 5016(b)(4)(B), and
8016(b)(4)(B) of title 10, United States Code, to allow
Principal Military Deputies to serve in an acting capacity if
there is a vacancy in the position of the Service Acquisition
Executive.
The House amendment contained no similar provision.
The House recedes.
Modernization of services acquisition (sec. 803)
The Senate bill contained a provision (sec. 804) that
would require the Secretary of Defense to revise the Department
of Defense Instruction 5000.74, dated January 6, 2016.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to review and, if necessary, revise
Department of Defense Instruction 5000.74, dated January 5,
2016, and other guidance pertaining to the acquisition of
services not later than 180 days after the date of the
enactment of this Act. The amendment also would expand, from
the acquisition workforce to all Department of Defense
employees engaged in the procurement of services, the workforce
to be developed and trained on the acquisition of services.
Defense Modernization Account amendments (sec. 804)
The Senate bill contained a provision (sec. 899B) that
would amend section 2216 of title 10, United States Code, to
clarify authorizations for the Defense Modernization Account.
The House amendment contained no similar provision.
The House recedes with an amendment that would exclude
the transfer of funds that support installations and facilities
to the Defense Modernization Account. The amendment would set a
$1.0 billion limit on the total balance of the account and
require that an acquisition program milestone decision
authority approve the use of funds in the account. The
amendment would also require that subaccounts be established
for each of the military departments and defense agencies that
deposit and use funds in the account.
Subtitle B--Department of Defense Acquisition Agility
Modular open system approach in development of major weapon systems
(sec. 805)
The House amendment contained a provision (sec. 1701)
that would require all major defense acquisition programs
(MDAPs) initiated after January 1, 2019, to be designed and
developed with a modular open system approach (MOSA), to the
maximum extent practicable.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would clarify
when programs are required to start using MOSA. The amendment
also would modify the definition of a major system interface to
include characterization of the form, function, and content
that flows across the interface. The amendment would require
the acquisition strategy for a program that uses MOSA to also
describe the approach to systems integration and configuration
management.
Development, prototyping, and deployment of weapon system components or
technology (sec. 806)
The House amendment contained a provision (sec. 1702)
that would require a major defense acquisition program (MDAP)
initiated after January 1, 2019, to include only technical
development that the milestone decision authority determines,
with a high degree of confidence, would not delay fielding
target for the program. Concurrent technology maturation and
system development would remain authorized, but only for
technologies for which there is high confidence that
concurrency would not postpone fielding. For higher risk
technologies, the milestone decision authority would use the
new authorities provided in this section, or other available
authorities, to mature and demonstrate technologies prior to
initiating or separate from a program of record. This section
also would provide the military services with new funding and
acquisition flexibility to experiment with, prototype, and
rapidly deploy weapon system components and other technologies.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would expand
the considerations for planning and conducting prototype
projects to include existing commercial technologies and
opportunities to reduce operation and support costs of major
weapon systems. The amendment would clarify that the military
services can use an existing oversight board, if one exists, to
carry out the prototyping oversight requirements of this
provision. The amendment would require prototyping projects to
develop a plan for transition into a fielded system or
operational use. The amendment also would reduce the duration
of a project to 2 years and would clarify that the rapid
prototyping process established by section 804 of the Fiscal
Year 2016 National Defense Authorization Act (Public Law 114-
92) should be pursued if projects exceed the duration and
funding limits of this provision.
Cost, schedule, and performance of major defense acquisition programs
(sec. 807)
The House amendment contained a provision (sec. 1703)
that would require the Secretary of Defense, or his designee,
to assign program cost and fielding targets when major defense
acquisition programs (MDAPs) are initiated.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would clarify
that cost and fielding targets should be established before
funds are obligated for technology development, system
development, or production of a major defense acquisition
program. The amendment would modify the definition of the cost
target to include the program procurement unit cost and
sustainment cost. The amendment would remove the list of
elements that should be considered in establishing the program
goals because such elements are generally known and are
included in existing acquisition policy guidance. The amendment
would modify the delegation of authority for establishing
program targets only to the Deputy Secretary of Defense. The
amendment also would clarify that the required independent
technical risk assessments conducted prior to program milestone
approvals should identify any manufacturing processes that need
to be matured.
Transparency in major defense acquisition programs (sec. 808)
The House amendment contained a provision (sec. 1704)
that would require the milestone decision authority for a major
defense acquisition program to provide a new ``acquisition
scorecard'' report to the congressional defense committees and,
when appropriate, to congressional intelligence committees at
each milestone decision point of each program.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the information required in the program summary reports, to
include the major cost contributors identified at Milestone A
that could affect the life-cycle costs of the program and any
manufacturing risks identified at Milestone A or B that are
associated with the program.
Amendments relating to technical data rights (sec. 809)
The House amendment contained a provision (sec. 1705)
that would make several amendments to technical data rights
conferred in section 2320 of title 10, United States Code.
Among other things, the provision would delineate types of
interfaces and specify the rights provided to the U.S.
Government in such interfaces. It would require the U.S.
Government and Department of Defense contractors to negotiate
for data rights when items or processes are developed with a
mix of Federal and private funds. The provision also would
limit deferred ordering of technical data to 6 years after
delivery of the last item on a contract and to technical data
generated, not utilized, in the performance of the contract.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Secretary of Defense to negotiate for rights other than
government purpose rights for technical data relating to major
system interfaces if it would be in the best interest of the
United States. The amendment would require the Department of
Defense to identify major system interfaces in contract
solicitations and contracts. For major system interfaces
developed exclusively at private expense, the amendment would
clarify that the Secretary shall negotiate with the developer
appropriate compensation for the technical data. The conferees
understand that section 2320 sets forth various rights in
technical data, and that the price for acquiring technical data
to which the U.S. Government is entitled is determined through
negotiations between the Department and contractors. The
conferees believe that in the case of privately funded major
system interfaces for which the Department asserts government
purpose rights it is necessary to explicitly require
negotiation for compensation. Notwithstanding this amendment,
the conferees expect the standard practice of negotiating
prices for technical data to continue for all other categories
of rights and circumstances set forth in section 2320.
The amendment also would specify the U.S. Government's
rights to technical data pertaining to privately funded general
interfaces necessary for the segregation and reintegration of
an item or process. Finally, the amendment would extend the
duration of the government-industry advisory panel established
in section 813 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92) and require the advisory
panel to consider the technical data rights necessary to
support the modular open system approach (MOSA) required
elsewhere in this Act. The conferees are aware that the
advisory panel has not yet completed its review of sections
2320 and 2321 of title 10, United States Code. The conferees
recognize there are many issues in technical data rights that
this conference agreement does not address, and are encouraged
that the panel's comprehensive and thoughtful analysis thus far
will yield promising recommendations.
Additionally, the conferees understand that successful
implementation of MOSA necessitates the allocation of technical
data rights in major system interfaces, a new concept under
MOSA. The use of MOSA relies upon the ability of major system
components to be added, removed, or replaced as needed
throughout the life cycle of the major weapon system due to
evolving technology, threats, sustainment, and other factors.
Therefore, major system interfaces that share a boundary
between major system components and major system platforms are
critical, and it is imperative that the government have
appropriate access to the technical data of such interfaces.
The conferees understand the importance of technical precision
in establishing clear delineation of major system platforms,
major system interfaces, and major system components. As such,
the conferees urge the Department to carefully consider and
take input from the advisory panel and industry on the meanings
and implications of these key terms. The conferees expect the
Department to include this consideration in its review of the
MOSA authorities and its briefing on the implementation of MOSA
required in the House report accompanying H.R. 4909 (H. Rept.
114-537) of the National Defense Authorization Act for Fiscal
Year 2017.
The conferees also note that the Department recently
issued a proposed rule that would implement amendments to
section 2320 of title 10, United States Code, enacted in
section 815 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81). Various representatives
of industry have expressed concern about the effects on defense
acquisition of the amendments made in Public Law 112-81 and the
Department's implementation of such amendments. Therefore, the
conferees believe the amendments to technical data rights
included in this conference agreement are necessary at this
time.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Modified restrictions on undefinitized contractual actions (sec. 811)
The Senate bill contained a provision (sec. 816) that
would amend section 2326 of title 10, United States Code, to
revise policies regarding undefinitized contractual actions
(UCAs). Over the past decade the use of UCAs by the services
and defense agencies has grown significantly while the speed at
which these UCAs are definitized has lagged. To address this
situation, the provision would: (1) require a written
determination by senior officials to extend a UCA beyond 90
days; (2) require UCAs to be awarded on a fixed-price level-of-
effort basis; and (3) extend the 180 day definitization
requirement to contracts in support of Foreign Military Sales
cases.
The House amendment contained a similar provision (sec.
802).
The House recedes with an amendment that would eliminate
the requirement that undefinitized contractual actions be
awarded on a fixed-price basis, ensure that allowable profit
reflects the cost risk at the time that a contractor submits a
qualifying proposal to definitize a contract, and specify that
such a proposal contain the information necessary to conduct a
meaningful audit of the proposal.
Amendments relating to inventory and tracking of purchases of services
(sec. 812)
The Senate bill contained a provision (sec. 820) that
would amend section 2330a of title 10, United States Code, to
clarify the applicability of the contractor inventory
requirement to staff augmentation contracts and to reduce data
collection and unnecessary reporting requirements.
The House amendment contained a provision (sec. 803) that
would amend section 2330a of title 10, United States Code, to
revise the current requirement related to how the Department of
Defense accounts for and reports contracts for services.
The Senate recedes with an amendment that would set the
inventory collection threshold at contracts for services in
excess of $3.0 million and would narrow the focus of the
inventory collection requirement to staff augmentation
contracts as informed by the specified Service Acquisition
Portfolio Groups. Rather than providing the inventory itself to
the Congress, the amendment would require the Secretary of
Defense to provide to Congress an annual summary of the
inventory activities performed during the past year pursuant to
staff augmentation contracts as defined in the amendment.
Additionally, the amendment removes the Department of Defense
Office of the Inspector General reporting requirement and
reduces the annual Comptroller General reporting requirement to
a one-time review in 2018 that would cover the changes
implemented by this Act.
In performing the review and planning requirements in
(d), the conferees direct the Secretary of the military
department or the head of the Defense Agency to focus on the 17
Product Service Codes identified by the Office of Federal
Procurement Policy and the Government Accountability Office in
report GAO-16-46 as high risk for including services that are
closely associated with inherently governmental functions.
The conferees direct the Secretary of Defense to brief
the Committees on Armed Services of the Senate and House of
Representatives, no later than February 1, 2017, on the plan to
implement the inventory and reporting changes required by this
Act, particularly implementation of the inventory of Product
Service Codes and staff augmentation contracts. The briefing
shall include information on differences in the number and
value of contracts captured before and after the changes made
by this Act.
Use of lowest price technically acceptable source selection process
(sec. 813)
The Senate bill contained a provision (sec. 825) that
would require the Department of Defense to revise the Defense
Federal Acquisition Regulation Supplement (DFARS) to limit the
use of lowest price technically acceptable (LPTA) source
selection criteria in circumstances that would potentially deny
the Department the benefits of cost and technical tradeoffs in
the source selection process. The Department would be required
to only use LPTA criteria in specified circumstances and avoid
them to the maximum extent practicable for the procurement of
knowledge-based professional services such as information
technology services.
The House amendment contained a similar provision (sec.
847).
The House recedes with an amendment that would require
justification of LPTA evaluation methodologies in each contract
file, require determination that lowest price reflects full
life-cycle costs, and expand restrictions on the use of LPTA
evaluation methodologies to include advanced electronic testing
and knowledge-based, training, or logistics services in
overseas contingency operations. The amendment would also limit
LPTA reporting to only contracts that exceed $10.0 million.
Procurement of personal protective equipment (sec. 814)
The Senate bill contained a provision (sec. 829D) that
would prohibit the use of reverse auctions and lowest price
technically acceptable (LPTA) contracting methods for the
procurement of personal protective equipment where the level of
quality needed or the failure of the item could result in
combat casualties.
The House amendment contained a similar provision (sec.
804) that would amend section 884 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) to
clarify source selection criteria to be used in the procurement
of personal protective equipment or critical safety items.
The House recedes.
The conferees understand that, in some cases, both LPTA
and reverse auctions are appropriate contracting methods and
price discovery methods. However, the conferees do not believe
that such methods are appropriate for equipment that provides
personal protection to members of the Armed Services.
Amendments related to detection and avoidance of counterfeit electronic
parts (sec. 815)
The House amendment contained a provision (sec. 806) that
would modify section 818 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81) by replacing the
term ``trusted suppliers'' with the term ``suppliers that meet
anticounterfeiting requirements'', as well as related
conforming amendments. This provision would clear up confusion
about the term, which refers to the specific category of
microelectronics supplies that have been accredited by the
Defense Microelectronics Activity.
The Senate bill contained no similar provision.
The Senate recedes.
Amendments to special emergency procurement authority (sec. 816)
The House amendment contained a provision (sec. 807) that
would amend section 1903 of title 41, United States Code, to
expand the permissible uses of special emergency procurement
authorities to include support of international disaster
assistance and support of a national emergency or natural
disaster relief efforts in the United States as defined by the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act.
The Senate recedes.
The conferees direct the Comptroller General, not later
than 4 years after the date of enactment of this Act, to submit
to the Committees on Armed Services of the Senate and House of
Representatives a review of all procurement activities
conducted under the authorities provided by this provision.
The conferees direct any agency making use of this
expanded authority to closely consult with the Congress on its
use, especially its use over extended periods of time; the
establishment of mechanisms to ensure proper oversight over its
use; and the monitoring of its impact on industry, especially
small and disadvantaged businesses.
Compliance with domestic source requirements for footwear furnished to
enlisted members of the Armed Forces upon their initial entry
into the Armed Forces (sec. 817)
The Senate bill contained a provision (sec. 671) that
would require the Secretary of Defense to furnish athletic
footwear directly to members of the Army, Navy, Air Force, and
Marine Corps instead of providing a cash allowance. Such
footwear must comply with section 2533a of title 10, United
States Code.
The House amendment contained a similar provision (sec.
808).
The House recedes with an amendment that would authorize
the Department of Defense, for two years, to purchase
additional footwear that is necessary to provide sufficient
choices to minimize the incidence of athletic injuries in
initial entry training. During those two years, the conferees
expect the Secretary, to the maximum extent practicable, to
furnish footwear from domestic sources while taking appropriate
steps to minimize the incidence of athletic injuries. The
conferees direct the Secretary of Defense to develop a plan and
schedule to fully implement this provision, and brief that plan
and schedule to the Committees on Armed Services of the Senate
and the House of Representatives no later than six months
following the date of enactment of this Act.
The conferees are aware that a number of scientific
studies have been and are being conducted to evaluate variances
in foot structures, related causes of athletic foot injuries,
and appropriate footwear to reduce the incidence of such
injuries. The conferees direct the Secretary of Defense to
brief the results of those studies to the Committees on Armed
Services of the Senate and the House of Representatives no
later than 18 months following the date of enactment of this
Act. The briefing shall include recommendations for reducing
injuries in recruits, including modifying initial entry
training methods, medically evaluating the foot types of
members of the Armed Forces in initial entry training,
furnishing appropriate footwear to such members in initial
entry training, and domestic sourcing of such footwear.
Extension of authority for enhanced transfer of technology developed at
Department of Defense laboratories (sec. 818)
The Senate bill contained a provision (sec. 899) that
would extend until 2020 the authorization granted to the
Secretary of Defense and military service secretaries to
license Department of Defense-owned intellectual property.
The House amendment contained a similar provision (sec.
809B) to extend the authorization until 2021.
The Senate recedes.
Modified notification requirement for exercise of waiver authority to
acquire vital national security capabilities (sec. 819)
The Senate bill contained a provision (sec. 805) that
would amend subsection (d) of section 806 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92) to provide for a notification to Congress not later than
ten days after the use of the waiver authority to acquire vital
national security capabilities outlined earlier in section 806.
The House amendment contained no similar provision.
The House recedes.
Defense cost accounting standards (sec. 820)
The Senate bill contained a provision (sec. 811) that
would amend chapter 7 of title 10, United States Code, and
establish an independent board chaired by the Chief Financial
Officer of the Department of Defense to prescribe, amend, and
rescind cost accounting standards as they affect operations at
the Department of Defense. The provision also requires that
cost accounting standards developed shall to the maximum extent
practicable align with Generally Accepted Accounting Principles
(GAAP), thereby minimizing the requirement for government-
unique cost accounting systems. The provision would also ensure
that managerial cost accounting and activity-based accounting
structures derived from cost accounting standards are applied
to the financial operations of the Department of Defense.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify
sections 1501 and 1502 of title 41, United States Code, to
improve the government-wide Cost Accounting Standards Board
(CASB) and require that Federal Cost Accounting Standards (CAS)
be reconciled, to the extent possible, with U.S. Generally
Accepted Accounting Principles. The amendment also would
require the CASB to hire an executive director and meet at
least quarterly to reduce inconsistencies between CAS and GAAP,
as well as address problems identified by cases presented to
the Armed Services Board of Contract Appeals and Civilian Board
of Contract Appeals. Additionally, the amendment would allow
the head of a Federal agency to waive the application of the
CAS for contracts valued at less than $100.0 million. The
amendment also would retain the Senate proposal to create a
Defense Cost Accounting Standards Board, but would authorize
the new board to advise the CASB, oversee implementation of CAS
within the Department of Defense, and ensure that managerial
cost accounting is appropriately implemented for commercial
functions performed by employees of the Department. The
conferees also encourage the Director, Defense Contract Audit
Agency (DCAA) to examine the potential for electronic quality
management systems to improve the ability of DCAA to conduct
thorough and timely audits.
Increased micro-purchase threshold applicable to Department of Defense
procurements (sec. 821)
The Senate bill contained a provision (sec. 812) that
would amend chapter 137 of title 10, United States Code, to
establish the micro-purchase threshold for Department of
Defense activities at $5,000.
The House amendment contained no similar provision.
The House recedes.
Enhanced competition requirements (sec. 822)
The Senate bill contained a provision (sec. 813) that
would amend section 2306a of title 10, United States Code, to
clarify the definition of competition and the role of the prime
contractor in determining whether a subcontract meets the
competitive or commercial test under the section.
The House amendment contained no similar provision.
The House recedes.
The conferees recognize that the government retains the
right to review determinations made by prime contractors.
Revision to effective date of senior executive benchmark compensation
for allowable cost limitations (sec. 823)
The House amendment contained a provision (sec. 805) that
would remove the retroactive application requirement of section
803 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81), which implemented a cap on the
allowable compensation of contractor employees. As a result of
this revision, section 803 would apply to compensation costs
incurred after January 1, 2012, under contracts entered into on
or after December 31, 2011.
The Senate bill contained no similar provision.
The Senate recedes.
Treatment of independent research and development costs on certain
contracts (sec. 824)
The Senate bill contained a provision (sec. 814) that
would amend section 2372 of title 10, United States Code, to
clarify in what circumstances independent research and
development costs are considered fair, reasonable, and
allowable expenses on Department of Defense contracts.
The House amendment contained no similar provision.
The House recedes with an amendment that would create a
new section 2372a of title 10, United States Code, that would
specify that bid and proposal expenses considered as allowable
indirect costs on cost-reimbursement contracts should be
reported independently of independent research and development
costs under section 2372 of title 10, United States Code. The
amendment would establish for the Department of Defense a goal
that Department-wide bid and proposal costs should not exceed
one percent of the amount of contractor sales to the
Department. The conferees do not intend for the Department to
achieve this goal by arbitrarily limiting the amount of bid and
proposal costs contractors may have reimbursed, but to instead
address the factors driving bid and proposal costs. The
amendment would also require the Department to contract with an
outside, independent entity to study the laws, regulations, and
practices driving bid and proposal costs and provide
recommendations to the Department on how to reduce these costs.
If, in any year the Department fails to meet the one percent
goal, the amendment would require that an advisory panel
pursuant to the Federal Advisory Committees Act (5 U.S.C. app)
be established to provide recommendations on changes to
statute, regulation, and practice to reduce bid and proposal
costs. The amendment also would require the Department to
report on bid and proposal costs and independent research and
development costs as part of the report required under 2313a of
title 10, United States Code.
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. 825)
The Senate bill contained a provision (sec. 815) that
would amend section 2305(a)(3) of title 10, United States Code,
to provide an exception to the existing statutory requirement
to include cost or price to the Federal Government as an
evaluation factor that must be considered in the evaluation of
proposals for all contracts. The provision would only apply to
multiple award task or delivery order contracts to buy services
and the Department would then appropriately focus on price when
individual task orders are issued and competed.
The House amendment contained no similar provision.
The House recedes with an amendment that would allow task
or delivery orders to be awarded on a sole-source basis when a
standalone contract could be awarded on a sole-source basis.
The amendment also would preclude the award of multiple award
contracts without cost or pricing data in cases where task
orders are expected to be awarded as sole source contracts to
small businesses under section 8(a) of the Small Business Act
(Public Law 85-536) because price competition at the time of
task or delivery order award would not be expected.
Extension of program for comprehensive small business contracting plans
(sec. 826)
The Senate bill contained a provision (sec. 818) that
would amend chapter 137 of title 10, United States Code, to add
a new section that would codify the authority to conduct small
business subcontracting plans. The Government Accountability
Office (GAO) recently reported to the committee that the Test
Program for Negotiation of Comprehensive Small Business
Subcontracting Plans has resulted in the avoidance of millions
of dollars in administrative costs and recommended that the
program be made permanent. This provision would implement GAO's
recommendation.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend the
current pilot program through the end of fiscal year 2027.
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. 827)
The Senate bill contained a provision (sec. 823) that
would amend section 2350a(g) of title 10, Untied States Code,
to add a new paragraph to clarify that the general solicitation
and testing competitive procedures used under the program are
competitive procedures under chapter 137 of title 10, United
States Code.
The House amendment contained no similar provision.
The House recedes with an amendment that would make
discretionary the use of side-by-side testing to fulfill
competitive procedures for follow-on procurements and that
would set a time limit within which such follow-on procurements
could be conducted. The conferees expect that, prior to
procuring any items under this provision, market research will
be conducted to determine that comparable items are not
available.
Defense Acquisition Challenge Program amendments (sec. 828)
The Senate bill contained a provision (sec. 824) that
would amend section 2359b(a)(2) of title 10, United States
Code, to expand the scope of the defense acquisition challenge
program to include alternatives to existing acquisition
programs and to clarify that the general solicitation
competitive procedures used under the program are competitive
procedures under chapter 137 of title 10, United States Code.
The House amendment contained no similar provision.
The House recedes.
Preference for fixed-price contracts (sec. 829)
The Senate bill contained a provision (sec. 827) that
would revise the Defense Federal Acquisition Regulation
Supplement to establish a preference for fixed-price contracts,
including fixed-price incentive fee contracts, in the
determination of contract type and establish an approval
mechanism for the use of cost-type contracts over $5.0 million
in value.
The House amendment contained no similar provision.
The House recedes with an amendment that would expand the
number of Department of Defense officials who can approve a
cost-type contract and that would increase the contractual
dollar threshold that require such approvals.
Requirement to use firm fixed-price contracts for foreign military
sales (sec. 830)
The Senate bill contained a provision (sec. 828) that
would require the Secretary of Defense to prescribe regulations
to require the use of firm fixed-price contracts for foreign
military sales not later than 180 days after the enactment of
this Act. Additionally, this provision would grant the
Secretary waiver authority if the Secretary determines that a
different type of contract is in the best interest of the
United States taxpayers.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
that foreign countries that are counterparties to foreign
military sales may select a contracting vehicle that is not
firm fixed-price. The conferees direct the Secretary of Defense
to develop a process to determine the contracting preferences
of foreign counterparties and to brief the Committees on Armed
Services of the Senate and House of Representatives on the
elements of the process no later than 6 months after enactment
of this Act. The conferees further expect that the Secretary
shall waive the requirement for firm fixed-price contracts only
in exceptional cases. The conferees expect that the Department
of Defense will not interfere in the process of the host nation
selecting a contract type. If a contract type other than firm
fixed-price is selected at the request of a country, the
Secretary of Defense shall be prepared to notify Congress that
the Department of Defense did not encourage the country in the
decision to pursue that contract type. The amendment also would
establish a pilot program to accelerate contracting of foreign
military sales by allowing the Department of Defense to base
price reasonableness determinations on actual cost and pricing
data for purchases of the same product for the Department.
Preference for performance-based contractual payments (sec. 831)
The Senate bill contained a provision (sec. 829) that
would amend section 2307(b) of title 10, United States Code, to
establish a preference for performance-based payments to
contractors and would re-establish the policy objective laid
out in Federal Acquisition Regulation 32.1001, which
established performance-based payments as the preferred
Government financing mechanism.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
that nothing in the provision authorizes the Defense Contract
Audit Agency to perform audits of a contractor's compliance
with Generally Accepted Accounting Principles.
Contractor incentives to achieve savings and improve mission
performance (sec. 832)
The Senate bill contained a provision (sec. 829A) that
would amend section 2332 of title 10, United States Code, to
require the Defense Acquisition University to develop and
implement a training program for Department of Defense
acquisition personnel on share-in-savings contracts not later
than 180 days after the enactment of this Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Defense Acquisition University to provide training on the
use of contracting authorities that incentivize contractors to
deliver additional savings to the government.
Sunset and repeal of certain contracting provisions (sec. 833)
The Senate bill contained a provision (sec. 829F) that
would: (1) amend title 10, United States Code, to sunset
sections 2212, 2220, 2228, 2304e, 2421 by September 30, 2018;
(2) amend title 10, United States Code, to sunset section 1706
by September 30, 2019; and (3) repeal sections 2245a, 2225,
2302c, 2378, 2387 of title 10, United States Code.
The House amendment contained no similar provision.
The House recedes with an amendment that would retain the
reporting requirement in section 2212 of title 10, United
States Code, which provides budget information on service
contracting, as well as section 1706 of title 10, United States
Code, which provides the Department of Defense with a list of
acquisition positions considered inherently governmental.
Flexibility in contracting award program (sec. 834)
The Senate bill contained a provision (sec. 829G) that
would establish an award to recognize defense acquisition
programs and acquisition professionals that make the best use
of flexibilities and those authorities granted in the Federal
Acquisition Regulation and Department of Defense Instruction
5000.02 (Operation of the Defense Acquisition System) meant to
increase the efficiency of programs.
The House amendment contained no similar provision.
The House recedes with an amendment that would reduce the
administrative burdens associated with the awards program.
Protection of task order competition (sec. 835)
The Senate bill contained a provision (sec. 819) that
would amend section 2304c(e) of title 10, United States Code,
that would prohibit task and delivery order protests if the
Secretary of Defense has appointed an ombudsman in accordance
with section 2304c(f) of title 10, United States Code, to
review complaints related to task and delivery order contracts.
The House amendment contained a similar provision (sec.
1862) that would amend section 4106(f) of title 41, United
States Code, to maintain a consistent approach to task-order
protests between civilian and defense agencies.
The House recedes with an amendment that would
permanently authorize protests of task and delivery orders with
values exceeding $10.0 million at civilian agencies. For
protests of task and delivery orders of the Department of
Defense, the amendment modifies section 2304c(e)(1)(B) of title
10, United States Code, to increase the minimum value of a task
or delivery order that may be protested from $10.0 million to
$25.0 million.
Contract closeout authority (sec. 836)
The Senate bill contained a provision (sec. 829J) that
would grant the Secretary of Defense the authority to close out
contracts entered into prior to fiscal year 2000 without
completing further reconciliation audits other than those
described in this section.
The House amendment contained no similar provision.
The House recedes with an amendment that would make a
series of technical corrections to conform the language of this
provision to similar provisions in this bill.
Closeout of old Department of the Navy contracts (sec. 837)
The Senate bill contained a provision (sec. 829K) that
would grant the Secretary of the Navy authority to close out
contracts entered into between fiscal years 1974 and 1998 to
design, construct, repair, or support the construction or
repair of Navy submarines without completing further
reconciliation audits other than those described in this
section.
The House amendment contained a similar provision (sec.
837).
The House recedes with an amendment that would make a
series of technical corrections to conform the language of this
provision to similar provisions in this bill.
Subtitle D--Provisions Relating to Major Defense Acquisition Programs
Change in date of submission to Congress of Selected Acquisition
Reports (sec. 841)
The House amendment contained a provision (sec. 811) that
would amend section 2342(f) of title 10, United States Code, by
changing, from 45 to 10, the number of days after the
President's budget request transmittal that comprehensive
annual Selected Acquisition Reports are due to Congress.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the date when Selected Acquisition Reports are due to Congress.
Amendments relating to independent cost estimation and cost analysis
(sec. 842)
The Senate bill contained a provision (sec. 803) that
would amend section 2334 of title 10, United States Code, and
would repeal section 2434 of title 10, United States Code, in
order to remove the ambiguity concerning the roles and
responsibilities for the conduct of independent cost estimates
(ICEs) by designating the Director of Cost Assessment and
Program Evaluation (CAPE) to ensure standards are met. The
Senate bill also contained a provision (sec. 836) that would
amend subsection (d) of section 2334 of title 10, United States
Code, to remove the requirement for disclosure of confidence
levels for baseline estimates of major defense acquisition
programs.
The House amendment contained a similar provision (sec.
812) that would amend sections 2334 and 2434 of title 10,
United States Code, to make clear that CAPE conducts or
approves ICEs for all major defense acquisition programs and
major automated information systems.
The Senate recedes with an amendment that would require
an ICE for the technology maturation and risk reduction phase
of a major defense acquisition program or major subprogram that
identifies the key contributors to the life-cycle costs of the
program or subprogram. The conferees expect that the procedures
to be developed for collecting cost data from acquisition
program contractors are cost effective and make use of existing
sources of data, to the best extent practicable.
Revisions to Milestone B determinations (sec. 843)
The Senate bill contained a provision (sec. 835) that
would amend section 2366b(a)(3) of title 10, United States Code
to eliminate the need for waivers that are regularly submitted
to the committee for programs that are executed at the
beginning of the fiscal year but before the Future Years
Defense Program (FYDP) has been submitted, and should receive
Milestone B certification as long as there is funding in the
current FYDP. This provision would reduce the number of
required waivers and therefore reduce unnecessary staff burden.
The House amendment contained a similar provision (sec.
813).
The Senate recedes.
Review and report on sustainment planning in the acquisition process
(sec. 844)
The House amendment contained a provision (sec. 814) that
would require the Secretary of Defense to enter into a contract
with an independent entity with appropriate expertise to
conduct an assessment of the extent to which sustainment
matters are considered in decisions related to requirements,
acquisition, cost estimating, and programming and budgeting for
major defense acquisition programs.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would extend
and include additional elements in the review, such as an
evaluation of how well life-cycle sustainment strategies
required under section 2337 of title 10, United States Code,
are incorporated into the acquisition strategy required by
section 2431a of title 10, United States Code, and other
acquisition planning.
Revision to distribution of annual report on operational test and
evaluation (sec. 845)
The House amendment contained a provision (sec. 815) that
would amend section 139 of title 10, United States Code, by
including the Secretaries of the military departments in the
list of people who receive the annual report of the Director of
Operational Test and Evaluation (DOTE). The section would also
extend the annual report through January 31, 2021.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees recognize the importance in having an
independent report each year on operational test and evaluation
activities in the Department of Defense, but encourage the
Director of Operational Test and Evaluation to seek and
consider input from other Department test organizations in
developing such reports. Further, the conferees believe that
more rigorous developmental testing, realistic requirements,
and disciplined systems engineering will likely improve
operational test outcomes. The conferees expect program offices
to take the necessary steps to improve operational test
outcomes and adopt lessons learned and best practices that are
identified in the DOTE annual report. The conferees note that
these reports are public documents and available electronically
to all interested parties.
Repeal of major automated information systems provisions (sec. 846)
The Senate bill contained a provision (sec. 831) that
would repeal chapter 144A of title 10, United States Code.
The House amendment contained no similar provision.
The House recedes with an amendment that would sunset the
requirements chapter 144A of title 10, United States Code, on
September 30, 2017.
Revisions to definition of major defense acquisition program (sec. 847)
The Senate bill contained a provision (sec. 832) that
would amend section 2430 of title 10, United States Code, and
revise the definition of a major defense acquisition program to
exclude fixed-price prototypes not planned as part of an
existing major defense acquisition program and those programs
or projects developed under the rapid fielding or rapid
prototyping acquisition pathway authorized under section 804 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92).
The House amendment contained no similar provision.
The House recedes with an amendment that would specify
that major defense acquisition program costs exclude
acquisition programs or projects that are 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).
Acquisition strategy (sec. 848)
The Senate bill contained a provision (sec. 833) that
would amend section 2431a of title 10, United States Code, to
make technical changes and require that the acquisition
strategy for each major defense acquisition program must also
consider a comprehensive sustainment strategy that includes all
aspects of the total life-cycle management of the weapon
system, including product support, logistics, product support
engineering, supply chain integration, maintenance, acquisition
logistics, and all aspects of software sustainment.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
requirement to include a sustainment strategy within the
acquisition strategy required under section 2431a of title 10,
United States Code. The conferees note that section 2431a of
title 10, United States Code, requires logistics, maintenance,
and sustainment issues to be considered in acquisition
strategies, and that a life-cycle sustainment strategy is
mandated under section 2337 of title 10, United States Code.
Another provision in this Act requires an evaluation of the
existing life-cycle sustainment strategy and an assessment of
how well its elements are incorporated into the acquisition
strategy in section 2431a of title 10, United States Code.
Improved life-cycle cost control (sec. 849)
The Senate bill contained a provision (sec. 834) that
would make several amendments to improve life-cycle cost
controls. First, this provision would amend section 804(c)(3)
of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92), to require rapid fielding guidance from
the Under Secretary of Defense for Acquisition, Technology, and
Logistics to include direction on a process for identifying and
exploiting opportunities to use the rapid fielding pathway to
reduce total ownership costs. Secondly, this provision would
amend section 805(2) of the National Defense Authorization Act
for Fiscal Year 2016 (NDAA) to include life-cycle cost
management as a procedure that the Secretary of Defense should
establish for alternative acquisition pathways to meet national
security needs. Thirdly, this provision would amend section
833(e) of the NDAA for Fiscal Year 2016 to require the
Secretary to also issue guidance on policies to maximize the
use of fixed-price contracts and the ability to implement
tradeoffs in total cost of ownership, schedule, and
performance. Fourthly, this provision would add a new section
to chapter 144 of title 10, United States Code, which would
require sustainment reviews of acquisition programs 5 years
after initial operational capability--unless the program has
failed to maintain its availability or reliability threshold or
has breached its affordability cap before that time.
Additionally, this provision would require the Secretary of
Defense to establish a commercial operational and support
savings initiative to insert existing commercial items or
technology into military legacy programs through rapid
development and fielding of prototypes in order to improve
readiness and reduce operations and support costs.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the military departments to conduct a sustainment review five
years after declaration of initial operational capability of a
major defense acquisition program and throughout the system's
life cycle, using availability and reliability thresholds and
cost estimates as the triggers that prompt such a review. The
amendment also would clarify that sustainment reviews would be
conducted in coordination with the requirements of section 2337
of title 10, United States Code, and section 832 of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81). The amendment also would authorize a commercial
operational and support savings initiative.
Authority to designate increments or blocks of items delivered under
major defense acquisition programs as major subprograms for
purposes of acquisition reporting (sec. 850)
The Senate bill contained a provision (sec. 837) that
would amend section 2430a(1)(B) of title 10, United States
Code, to expand the authority to designate increments or blocks
of items delivered under major defense acquisition programs as
major subprograms.
The House amendment contained no similar provision.
The House recedes.
Reporting of small business participation on Department of Defense
programs (sec. 851)
The Senate bill contained a provision (sec. 838) that
would amend chapter 137 of title 10, United States Code, to
include a new section to include first and second tier
subcontracts awarded by the Department of Defense under major
defense acquisition programs in the Department's overall count
of small business goals.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Department of Defense to annually report on its attainment
of the small business prime contracting goals and
subcontracting goals as required by section 15(h) of the Small
Business Act (15 United States Code 644(h)) and to report
separately on its small business use after excluding certain
types of contracts that may not be suitable for award to small
businesses.
Waiver of congressional notification for acquisition of tactical
missiles and munitions greater than quantity specified in law
(sec. 852)
The Senate bill contained a provision (sec. 840) that
would amend section 2308(c) of title 10, United States Code, to
waive the requirement for the head of an agency to notify
congressional defense committees of the decision to acquire a
higher quantity of an end item for tactical missiles and
munitions annual procurements.
The House amendment contained a similar provision (sec.
836) that would waive the requirement for the Secretary of
Defense to notify the congressional defense committees of a
decision, not later than 30 days after the date of the
decision, to acquire a higher quantity of an end item (for
tactical missiles and munitions annual procurements only) than
is specified in law.
The Senate recedes.
Multiple program multiyear contract pilot demonstration program (sec.
853)
The Senate bill contained a provision (sec. 841) that
would grant the Secretary of Defense the authority to conduct a
multiyear contract for multiple defense programs that are
produced at common facilities at a high rate, and which
maximize commonality, efficiencies, and quality, in order to
provide maximum benefit and significant savings to the
Department of Defense.
The House amendment contained no similar provision.
The House recedes.
Key performance parameter reduction pilot program (sec. 854)
The Senate bill contained a provision (sec. 842) that
would require the Secretary of Defense to enact a pilot program
aimed at decreasing the number of Key Performance Parameters
(KPPs) on acquisition programs. The Secretary would be required
to select one acquisition program from each of the services to
determine if limiting the number of KPPs to three, at the most,
leads to operational or programmatic improvements of outcomes.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
the types of key performance parameters that may be reduced in
the pilot program.
Mission integration management (sec. 855)
The Senate bill contained a provision (sec. 843) that
would further enhance the Department of Defense's (DOD) efforts
to adopt an open systems approach to defense acquisition. The
provision would require the Secretary of Defense to implement
modular open systems architecture in acquisition programs in
specified mission areas when implementing section 801 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291).
The provision would require each multi-service and multi-
program mission outlined in the provision to have a mission
integration manager to act as the principal substantive advisor
to the Deputy Secretary of Defense and the Vice Chairman of the
Joint Chiefs of Staff for all aspects of capability integration
for the mission area.
The House amendment contained no similar provision.
The House recedes with an amendment that would
incorporate into another section of this Act the requirement of
the Senate provision (sec. 843) for the Department to ensure
that external facing interfaces are identified and clearly and
publicly characterized in terms of form, function, and the
content that flows across to enable the creation of
interoperable ``systems of systems.'' The conferees urge the
Department to ensure that the standards bodies and processes,
which are established to support modular open systems
approaches, promote interfaces that are dynamically managed,
flexible, and extensible to enable technological innovation and
performance growth.
The amendment also would modify the Senate provision to
provide flexibility to the Department of Defense in
implementing mission integration activities, and to provide an
alternative funding source for mission integration activities.
The conferees urge the Department of Defense to propose its own
funding mechanism in future budget requests.
Subtitle E--Provisions Relating to Acquisition Workforce
Project management (sec. 861)
The Senate bill contained a provision (sec. 851) that
would outline the responsibilities of the Department of Defense
under chapter 87 of title 10, United States Code, for improving
program and project management. This provision would require
that not later than 1 year after the enactment of this Act that
the Secretary of Defense develop Department-wide standards,
policies, and guidelines for program and project management.
The Senate bill also contained a provision (sec. 1097)
that would amend section 503 of title 31, United States Code,
and Chapter 11 of title 31, United States Code, to improve
Federal program and project management in the Department of
Defense.
The House amendment contained a similar provision (sec.
1098L).
The Senate recedes with an amendment that would clarify
that all members of the Program Management Policy Council must
be officers or employees of the Federal government or the armed
services. This obviates the need to address the application of
the Federal Advisory Committee (5 U.S.C. App.).
Authority to waive tenure requirement for program managers for program
definition and program execution periods (sec. 862)
The Senate bill contained a provision (sec. 852) that
would amend sections 826(e) and 827(e) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) to
harmonize the waiver authorities granted in these sections to
the Service Acquisition Executive or the Under Secretary of
Defense for Acquisition, Technology, and Logistics.
The House amendment contained no similar provision.
The House recedes.
Purposes for which the Department of Defense Acquisition Workforce
Development Fund may be used; advisory panel amendments (sec.
863)
The Senate bill contained a provision (sec. 854) that
would amend section 1705 of title 10, United States Code, to
expand the use of the Department of Defense Acquisition
Workforce Development Fund. The provision would clarify that
the fund could be used for the development of acquisition tools
and methodologies and the undertaking of research and
development of activities that could lead to acquisition
policies and practices that will improve the efficiency and
effectiveness of defense acquisition efforts.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
that the advisory panel on streamlining and codifying
acquisition regulations that was established in section 809 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) is an independent advisory panel to be
supported by the Defense Acquisition University and the
National Defense University. The amendment would further
clarify that, as an independent advisory panel, the panel has
the hiring authorities provided in section 3161 of title 5,
United States Code. The amendment also would limit the amount
of funds that may be used in fiscal year 2017 for acquisition
tools and methodologies and the undertaking of research and
development to $35.0 million.
Department of Defense Acquisition Workforce Development Fund
determination adjustment (sec. 864)
The House amendment contained a provision (sec. 839) that
would amend section 1705 of title 10, United States Code, to
allow the Secretary of Defense to reduce the threshold amount
that must be credited to the Defense Acquisition Workforce
Development Fund during fiscal year 2017 from $400.0 million to
$0. This section addresses an overfunding of the fund that has
resulted from carryovers from prior years.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Department of Defense to transfer $225.0 million from the
Defense Acquisition Workforce Development Fund (DAWDF) in
fiscal year 2017 to the Department's Rapid Prototyping Fund.
The conferees also direct the Secretary of Defense to brief the
Committees on Armed Services of the Senate and the House of
Representatives, not later than March 15, 2017, on the extent
to which DAWDF funding is sufficient to meet acquisition
workforce development requirements and on steps the Department
has taken to improve the management and implementation of the
DAWDF to avoid carryover funding. The conferees encourage the
Department to make use of the expanded authorities for the use
of the DAWDF to address workforce training and development of
acquisition tools and practices to improve acquisition practice
and outcomes.
It is the opinion of the conferees per section 1705 of
title 10, United States Code, that the amounts transferred into
the DAWDF from unobligated balances, as described in subsection
3, does not have a maximum limit each year. The $500,000,000
limitation only applies to subsection 2 relating to credits for
contract services. The conferees direct the Secretary of
Defense to establish waivers to procedures regarding obligation
and expenditure rates, applicability of standard financial
management regulations, and other financial management
procedures, as necessary, to ensure the most efficient and
effective execution of projects supported by the Rapid
Prototyping Fund. Specifically, the conferees direct the
Secretary to establish procedures that provide relief from
strict obligation and expenditure benchmarks and flexibility in
using amounts in the Fund consistent with a broad range of
efforts under research, development, test and evaluation budget
activities. The conferees believe that strict adherence to
standard Department financial management procedures may
negatively impact program execution and not enable the program
to achieve its goals. The conferees direct the Secretary to
notify the congressional defense committees within 30 days
after any such procedures are waived.
Limitations on funds used for staff augmentation contracts at
management headquarters of the Department of Defense and the
military departments (sec. 865)
The Senate bill contained a provision (sec. 905) that
would limit the amount of funds available for staff
augmentation contracts at the Office of the Secretary of
Defense and the headquarters of the military departments for
fiscal years 2017 and 2018 to not more than the amount expended
for those contracts in fiscal year 2016. The provision would
further require a 25 percent reduction to the fiscal year 2016
funding for those contracts after fiscal year 2018.
The House amendment contained a provision (sec. 809A)
that would extend the limitation on the aggregate annual amount
available to the Department of Defense for contract services
through fiscal year 2017.
The House recedes with an amendment that would limit the
amount of funds available for staff augmentation contracts, as
defined in the amendment, at the Office of the Secretary of
Defense and the headquarters of the military departments for
fiscal years 2017 and 2018 to not more than the amount expended
for those contracts in fiscal year 2016 and would further
require a 25 percent reduction to the fiscal year 2016 funding
for those contracts in fiscal years 2018 through fiscal year
2022.
The conferees direct the Secretary of Defense to brief
the Committees on Armed Services of the Senate and the House of
Representatives, no later than February 1, 2017, on the plan to
implement the requirements of this provision.
Senior Military Acquisition Advisors in the Defense Acquisition Corps
(sec. 866)
The Senate bill contained a provision (sec. 592) that
would add a new section 1725 to title 10, United States Code,
to authorize the Secretary of Defense to establish in the
Defense Acquisition Corps positions to be known as ``Senior
Military Acquisition Advisors''. Senior Military Acquisition
Advisors would be appointed by the President, by and with the
advice and consent of the Senate. Eligible officers include
officers in the grade of colonel or captain in the Navy, with
extensive defense acquisition experience, and who are eligible
for retirement. Senior Military Acquisition Advisors would be
authorized to remain in service in support of their Service
Acquisition Executive and be assigned as an adjunct professor
at the Defense Acquisition University.
Senior Military Acquisition Advisors would be
competitively selected and would provide senior level
acquisition expertise to the Service Acquisition Executive of
their military department for the remainder of their career. An
officer who is continued on active duty under this program is
not eligible for consideration for selection for promotion. A
Senior Military Acquisition Advisor will serve no longer than a
5-year term. When a Senior Military Acquisition Advisor retires
with a minimum of 3 years of service, the officer may, at the
discretion of the President, be retired as a brigadier general
or rear admiral (lower half), but without increase in retired
pay or other compensation by reason of retirement of an officer
in the grade of brigadier general or rear admiral (lower half).
The House amendment contained no similar provision.
The House recedes.
Authority of the Secretary of Defense under the acquisition
demonstration project (sec. 867)
The Senate bill contained a provision (sec. 1104) that
would repeal section 1762 of title 10, United States Code, and
create a new section 1763 of title 10, United States Code, to
provide a permanent authority that would allow the Secretary of
Defense to establish and adjust a special system of personnel
programs for employees in the Department of Defense civilian
acquisition workforce and supporting personnel assigned to work
directly with that workforce.
The House amendment contained no similar provision.
The House recedes with an amendment that moves the
administration of the Department of Defense acquisition
workforce demonstration project from the Office of Personnel
Management to the Department of Defense.
Subtitle F--Provisions Related to Commercial Items
Market research for determination of price reasonableness in
acquisition of commercial items (sec. 871)
The House amendment contained a provision (sec. 822) that
would amend section 2377 of title 10, United States Code,
relating to the preference for acquisition of commercial items
by adding a new subsection that would require procurement
officials of the Department of Defense to conduct or obtain
market research when determining price reasonableness for
commercial items.
The Senate bill contained no similar provision.
The Senate recedes.
Value analysis for the determination of price reasonableness (sec. 872)
The House amendment contained a provision (sec. 823) that
would amend section 2379(d) of title 10, United States Code, by
adding a new paragraph that would allow contractors to submit
information or analysis pertaining to the value of a commercial
item when responding to solicitations. This section would also
allow contracting officers to consider value analysis, in
addition to historic pricing data, when determining price
reasonableness for commercial items.
The Senate bill contained no similar provision.
The Senate recedes.
Clarification of requirements relating to commercial item
determinations (sec. 873)
The House amendment contained a provision (sec. 824) that
would amend section 2380 of title 10, United States Code, to
expand Department of Defense centralized records relating to
commercial item determinations to include market research and
price reasonableness analysis. This section would also
eliminate the requirement that such records be publicly
accessible.
The Senate bill contained no similar provision.
The Senate recedes.
Inapplicability of certain laws and regulations to the acquisition of
commercial items and commercially available off-the-shelf items
(sec. 874)
The Senate bill contained a provision (sec. 861) that
would amend section 2375 of title 10, United States Code, to
require the establishment of a list in the Defense Federal
Acquisition Regulation Supplement of inapplicable defense-
unique statutes applicable to contracts for commercial items
and commercially available off-the-shelf items.
The House amendment contained no similar provision.
The House recedes with an amendment that would exclude
sections 2533a and 2533b of title 10, United States Code, from
the applicability of this section.
Use of commercial or non-Government standards in lieu of military
specifications and standards (sec. 875)
The Senate bill contained a provision (sec. 863) that
would require the Secretary of Defense to ensure that the
Department of Defense uses performance and commercial
specifications and standards in lieu of military specifications
and standards, including for procuring new systems, major
modifications, upgrades to current systems, non-developmental
and commercial items, and programs in all acquisition
categories, unless no practical alternative exists to meet user
needs.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
that commercial or non-governmental specifications and
standards should be used in lieu of military specifications and
standards. The amendment also would require the Department of
Defense to maintain an inventory of commercial and non-
governmental standards licenses.
Preference for commercial services (sec. 876)
The Senate bill contained a provision (sec. 864) that
would require the Secretary of Defense to issue guidance
pursuant to section 855 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92). This provision
would ensure that no head of an agency would enter into a
contract in excess of the simplified acquisition threshold for
specified services that are not commercial services unless the
head of the agency 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.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
written determination that market research has been conducted
prior to awarding a contract for facilities-related services,
knowledge-based services (except engineering services),
construction services, medical services, or transportation
services that are not commercial services. For contracts over
$10 million, the service acquisition executive, the head of a
defense agency, the combatant commander, or the Under Secretary
of Defense for Acquisition, Technology, and Logistics shall
provide the written determination. For contracts valued between
the simplified acquisition threshold and $10 million, the
contracting officer shall provide the written determination.
The conferees direct the contracting officer to retain a
copy of each written determination required by this provision
in the relevant contract file.
Treatment of commingled items purchased by contractors as commercial
items (sec. 877)
The Senate bill contained a provision (sec. 865) that
would add a new section to chapter 140 of title 10, United
Stated Code, to treat the purchase of items valued at less than
$10,000 prior to the release of a government request for
proposal as a commercial item.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
that items procured by any contractor for use in the
performance of multiple contracts with the Department of
Defense and other parties and are not identifiable to any
particular contract should be treated as commercial items.
Treatment of services provided by nontraditional contractors as
commercial items (sec. 878)
The Senate bill contained a provision (sec. 866) that
would amend section 2380A of title 10, United States Code, to
treat business units of nontraditional contractors that offer
services as a commercial item, if the business unit uses the
same personnel and similar pricing as offered to commercial
customers.
The House amendment contained no similar provision.
The House recedes.
Defense pilot program for authority to acquire innovative commercial
items, technologies, and services using general solicitation
competitive procedures (sec. 879)
The Senate bill contained a provision (sec. 868) that
would grant the Secretary of Defense the authority to carry out
a pilot program to acquire innovative commercial items on a
fixed-price basis using general solicitation competitive
procedures and a peer review of such proposals.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to issue public guidance for the
implementation of the pilot provision, requires congressional
notification for the award of any contract exceeding $100.0
million using the authority, and modifies the definition of
``innovative''.
Pilot programs for authority to acquire innovative commercial items
using general solicitation competitive procedures (sec. 880)
The House amendment contained a provision (sec. 825) that
would allow the Secretary of Defense to carry out a 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.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would change
the authority to apply to the Department of Homeland Security
and the General Services Administration, add a total annual
limitation to the authority, reduce the reporting required to
the congressional committees, modifies the definition of
``innovative'', and extends the termination date of the
authority to September 30, 2022.
Subtitle G--Industrial Base Matters
Greater integration of the national technology industrial base (sec.
881)
The Senate bill contained a provision (sec. 871) that
would require the Secretary of Defense to develop a plan to
reduce the barriers to the seamless integration between the
persons and organizations that comprise the National Technology
Industrial Base and expand the definition in section 2500(1) of
title 10, United States Code to include the United Kingdom and
Australia.
The House amendment contained no similar provision.
The House recedes with an amendment that would make
technical changes.
Integration of civil and military roles in attaining national
technology and industrial base objectives (sec. 882)
The Senate bill contained a provision (sec. 872) that
would amend section 2501(b) of title 10, United States Code, to
ensure that the Secretary of Defense when meeting the national
security strategy for the national technology and industrial
base shall engage in acquisition reform efforts that: (1) rely,
to the maximum extent practicable, upon the commercial national
technology and industrial base that is required to meet the
national security needs of the United States; (2) reduce the
reliance of the Department of Defense on technology and
industrial base sectors that are economically dependent on
Department of Defense business; and (3) reduce Federal
Government barriers to the use of commercial products,
processes, and standards.
The House amendment contained no similar provision.
The House recedes.
Pilot program for distribution support and services for weapon systems
contractors (sec. 883)
The Senate bill contained a provision (sec. 873) that
would grant permissive authority to the Secretary of Defense to
make available 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 an official
of the Department of Defense.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment that would
remove the permanent authority and grant permissive authority
to the Secretary of Defense to establish a six-year pilot
program with a report to be delivered in the fourth year of the
pilot program outlining the cost effectiveness for both
government and industry as well as any performance
enhancements, and recommendations on whether to make the
authority permanent, and a review to be conducted by the
Comptroller General of the United States during the fifth year
to inform the potential extension or permanent authorization of
the program.
Nontraditional and small contractor innovation prototyping program
(sec. 884)
The Senate bill contained a provision (sec. 876) that
would establish a pilot program for nontraditional contractors
and small businesses to prototype disruptive solutions that
demonstrate new capabilities that could provide alternatives to
existing acquisition programs and assets.
The House amendment contained no similar provision.
The House recedes with an amendment that would add the
Missile Defense Agency and protection against hypersonic
weapons to the pilot program.
Subtitle H--Other Matters
Report on bid protests (sec. 885)
The Senate bill contained a provision (sec. 821) that
would amend chapter 137 of title 10, United States Code, to add
a new section to outline the role of the Government
Accountability Office (GAO) in bid protests on certain
contracts with the Department of Defense. The provision would
require a large contractor filing a bid protest on a defense
contract with GAO to cover the cost of processing the protest
if all of the elements in the protest are denied in an opinion
issued by GAO. The provision would also impose a withhold on
payments above incurred costs on any bridge or temporary
contract to an incumbent contractor who submits a protest and
that protest results in the issuance of a bridge or temporary
contract. The distribution of this withhold would be dependent
on the outcome of the protest.
The House amendment contained a similar provision (sec.
831) that would require the Secretary of Defense to enter into
a contract with an independent entity with appropriate
expertise to conduct a review of the bid protest process
related to major defense acquisition programs.
The Senate recedes with an amendment that expands the
scope of the report to look at ways that the possibility of bid
protests may influence behavior by contracting officers and by
contractors. The report shall be due 1 year after the date of
enactment of this Act.
Review and report on indefinite delivery contracts (sec. 886)
The House amendment contained a provision (sec. 832) that
would require the Comptroller General of the United States to
review the use of indefinite delivery type contracts by the
Department of Defense during fiscal years 2015, 2016, and 2017.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the review to include an assessment of Department of Defense
guidance for entering into indefinite delivery contracts and
for the number of vendors that should receive multiple award
contracts, as well as the number and value of indefinite
delivery contracts entered into with a single vendor.
Review and report on contractual flow-down provisions (sec. 887)
The House amendment contained a provision (sec. 833) that
would require the Secretary of Defense to enter into a contract
with an independent entity with appropriate expertise to
conduct a review of contractual flow-down provisions related to
major defense acquisition programs.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would expand
the types of contractors and suppliers to be included in the
required review. The conferees direct the Secretary of Defense
or his designee to brief the Committees on Armed Services of
the Senate and the House of Representatives on the interim
findings and initial recommendations from the review not later
than April 1, 2017.
Requirement and review relating to use of brand names or brand-name or
equivalent descriptions in solicitations (sec. 888)
The Senate bill contained a provision (sec. 829E) that
would require the Secretary of Defense to ensure that
Department of Defense contract language does not specify a
brand name in solicitations unless justification for such a
specification is provided and approved in accordance with
section 2304(f) of title 10, United States Code.
The House amendment contained a similar provision (sec.
834) that would require a review of specifications in
information technology acquisitions to increase competition and
a review of brand names and specifications for acquisitions of
goods and services.
The House recedes with an amendment that would add 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.
Inclusion of information on common grounds for sustaining bid protests
in annual Government Accountability Office reports to Congress
(sec. 889)
The House amendment contained a provision (sec. 845) that
would require the Comptroller General of the United States to
include in his 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 the preceding year.
The Senate bill contained no similar provision.
The Senate recedes.
Study and report on contracts awarded to minority-owned and women-owned
businesses (sec. 890)
The House amendment contained a provision (sec. 848) that
would require the Comptroller General of the United States to
perform 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. The report would be due to the
congressional defense committees no later than 1 year after the
enactment date of this Act.
The Senate bill contained no similar provision.
The Senate recedes.
Authority to provide reimbursable auditing services to certain non-
Defense Agencies (sec. 891)
The Senate bill contained a provision (sec. 892) that
would amend section 893 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114--92) to provide an
exception for the Defense Contract Audit Agency to provide
audit support to the National Nuclear Security Administration
on a reimbursable basis.
The House amendment contained a similar provision (sec.
840).
The House recedes.
Selection of service providers for auditing services and audit
readiness services (sec. 892)
The House amendment contained a provision that would
require the Department of Defense to select service providers
for auditing services and audit readiness services based on the
best value to the Department rather than based on the lowest
price technically acceptable service provider.
The Senate bill contained no similar provision.
The Senate recedes.
Amendments to contractor business system requirements (sec. 893)
The Senate bill contained a provision (sec. 891) that
would amend chapter 137 of title 10, United States Code, to add
a new section that would require the Secretary of Defense to
develop and initiate a program to improve contractor business
systems. The provision would clarify that this program would
only apply to those contractors that do more than 30 percent of
their business with the federal government and more than 1
percent of their business under cost-type contracts.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Department of Defense to identify and make public clear
business system requirements, allow contractors to submit
certification from their third-party independent auditors that
their business systems conform to the Department's business
system requirements, and allow a milestone decision authority
to require further auditing of business systems to manage
contractual risk. The amendment would also specify that
business system requirements only apply to contractors that
have covered contracts with the United States Government
accounting for greater than 1 percent of their total gross
revenue and that are not subject to full cost accounting
standards pursuant to either section 1502 of title 41, United
States Code, or regulations implementing section 1502 of title
41, United States Code.
Improved management practices to reduce cost and improve performance of
certain Department of Defense organizations (sec. 894)
The Senate bill contained a provision (sec. 893) that
would require all Department of Defense entities, with the
exception of the Centers of Industrial and Technical Excellence
designated pursuant to section 2474 of title 10, United States
Code, which conduct commercial or non-inherently governmental
work to establish cost baselines for their operations and begin
to adopt best commercial and business management practices to
reduce costs and improve the performance of such organizations.
The House amendment contained no similar provision.
The House recedes.
Exemption from requirement for capital planning and investment control
for information technology equipment included as integral part
of a weapon or weapon system (sec. 895)
The Senate bill contained a provision (sec. 895) that
would require that the milestone decision authority shall only
apply the requirements of paragraphs (2) through (5) of section
11312(b) of title 40, United States Code, to national security
systems upon a written determination that the application of
these requirements is appropriate and in the best interests of
the Department of Defense.
The House amendment contained no similar provision.
The House recedes.
Modifications to pilot program for streamlining awards for innovative
technology projects (sec. 896)
The Senate bill contained a provision (sec. 896) that
would amend section 873 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92) to clarify that
the use of a technical, merit-based selection procedure or the
Small Business Innovation Research Program or Small Business
Technology Transfer Program for the pilot program under this
section are competitive procedures for the purposes of chapter
137 of title 10, United States Code. The provision would also
direct the Secretary of Defense to establish procedures under
which a small business or a nontraditional contractor may
engage an independent certified public accountant for the
review and certification of its accounting system for the
purposes of any audits required by this section.
The House amendment contained no similar provision.
The House recedes with an amendment that would include
auditing officials in the list of personnel who are provided
guidance and training on the flexible use and tailoring of
authorities under the pilot program.
Rapid prototyping funds for the military departments (sec. 897)
The Senate bill contained a provision (sec. 899A) that
would amend section 804(d) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) to
authorize the Secretary of the Army, Navy, and Air Force each
to establish service-specific funds for acquisition programs
under the rapid fielding and prototyping pathways established
in this section.
The House amendment contained no similar provision.
The House recedes.
Establishment of Panel on Department of Defense and AbilityOne
Contracting Oversight, Accountability, and Integrity; Defense
Acquisition University training (sec. 898)
The Senate bill contained a provision (sec. 829H) that
would prohibit the Secretary of Defense from arranging
contracts through AbilityOne, or its central non-profit agency,
SourceAmerica, and instead require the Secretary to contract
directly with qualified nonprofit agencies for the severely
disabled until the Department of Defense (DOD) Inspector
General conducted a review and certified the effectiveness of
the internal controls and financial management of AbilityOne
and SourceAmerica.
The House amendment contained no similar provision.
The House recedes with an amendment that would establish
a panel on DOD and AbilityOne contracting oversight,
accountability, and integrity to review and address the
effectiveness and internal controls of the program related to
DOD contracts.
Coast Guard major acquisition programs (sec. 899)
The House amendment contained a provision (sec. 835) that
would amend section 56(c) of title 14, United States Code, to
direct the Chief Acquisitions Officer of the Coast Guard to
inform the Commandant of developments in major acquisition
programs that have new or revisited trade-offs between costs,
scheduling, feasibility, and performance. This section also
would amend chapter 15 of title 14, United States Code, to
clarify the role of the Acquisition Directorate in ensuring
that the needs of customers in major acquisition programs are
met in the most cost-effective manner practicable. The Vice
Commandant of the Coast Guard would be responsible for
representing the operating field units and would serve an
advisory role to the Commandant for major acquisition programs.
The customer of a major acquisition program would be specified
as the operating field unit that would field the acquired
system and ``major acquisition program'' would be defined as a
program with a life-cycle cost estimate of $300.0 million or
more.
This section also would prohibit the Commandant of the
Coast Guard from awarding a contract for the design of an
unmanned aerial system (UAS) for use by the Coast Guard, and
would require the Commandant to use and operate only UASs that
have already been acquired by either the Department of Defense
or the Department of Homeland Security.
This section also would allow the Coast Guard to extend
major acquisition program contracts if the Comptroller General
of the United States finds that extending a current contract
would be more cost effective than awarding a new contract. The
Comptroller General would determine the costs for acquiring
additional vessels under an existing contract, as well as the
incurred costs due to schedule delays and asset design changes
that would result from awarding a new contract.
This section also would require the Commandant to review
all authorities provided under chapter 15 of title 14, United
States Code, and other relevant statutes and deliver a report
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on how the
Commandant can play a more appropriate role in the acquisition
process with regard to policies, requirements, and implementing
a more customer-oriented acquisition system.
This section also would require the Secretary for the
department in which the Coast Guard is operating to submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on an analysis of multiyear procurement
authorities for the procurement of at least five Fast Response
Cutters (beginning with hull 43) and Offshore Patrol Cutters
(beginning with hull 5). The report would include an assessment
of costs and benefits, impact on delivery times, and whether
acquisitions would meet the four-part test under section 2306b
of title 10, United States Code.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Coast Guard to acquire unmanned aerial systems that have been
previously funded by the Departments of Defense or Homeland
Security. The amendment would also require the Cost Analysis
Division of the Department of Homeland Security to determine if
contracts for procurement of additional units under an existing
Coast Guard major acquisition program contract would be cost
effective.
Enhanced authority to acquire products and services produced in Africa
in support of covered activities (sec. 899A)
The Senate bill contained a provision (sec. 885) that
would grant the Secretary of Defense authority to make a
determination to limit competition or provide a preference for
products and services produced in areas where the United States
has long-term agreements with host nations in the African
region.
The House amendment contained no similar provision.
The House recedes with an amendment that would provide
for an exemption from preferred local procurement for items
included on the procurement list described in section 8503(a)
of title 41, United States Code, if such a good can be produced
and delivered by a qualified non-profit agency for the blind or
a non-profit agency for other severely disabled in a timely
fashion to support mission requirements.
Legislative Provisions Not Adopted
Revision to authorities relating to Department of Defense Test Resource
Management Center
The House amendment contained a provision (sec. 801) that
would limit application of existing law to the Major Range and
Test Facility Base and those test and evaluation facilities
that are used to support the acquisition programs of the
Department of Defense. The provision would align the statute to
the original enactment of the law and would prevent reporting
requirements from being broadened to small laboratory and
educational test and evaluation facilities. The provision would
also define the term ``significant change'' in test and
evaluation facilities.
The Senate bill contained no similar provision.
The House recedes.
Repeal of temporary suspension of public-private competitions for
conversion of Department of Defense functions to performance by
contractors
The Senate bill contained a provision (sec. 806) that
would repeal section 325 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84).
The House amendment contained no similar provision.
The Senate recedes.
Requirement for policies and standard checklist in procurement of
services
The House amendment contained a provision (sec. 809) that
would establish a procurement policy checklist to ensure
accountability in the acquisition of services.
The Senate bill contained no similar provision.
The House recedes.
Non-traditional contractor definition
The Senate bill contained a provision (sec. 817) that
would amend section 2302(9) of title 10, United States Code, to
clarify the definition of a non-traditional contractor.
The House amendment contained no similar provision.
The Senate recedes.
Revision to definition of commercial item
The House amendment contained a provision (sec. 821) that
would amend section 103 of title 41, United States Code, to
expand the types of nondevelopmental items that may be
considered commercial items to include items that the procuring
agency determines were developed at private expense and sold in
substantial quantities on a competitive basis to foreign
governments.
The Senate bill contained no similar provision.
The House recedes.
Government Accountability Office bid protest reforms
The Senate bill contained a provision (sec. 821) that
would amend chapter 137 of title 10, United States Code, to add
a new section to outline the role of the Government
Accountability Office in bid protests on certain contracts with
the Department of Defense.
The House amendment contained no similar provision.
The Senate recedes.
Penalties for the use of cost-type contracts
The Senate bill contained a provision (sec. 826) that
would require the secretary of each military department and the
head of each of the defense agencies to pay a penalty for the
use of cost-type contracts in certain cases that are awarded in
fiscal year 2018 through fiscal year 2021.
The House amendment contained no similar provision.
The Senate recedes.
Nonapplicability of certain executive order to Department of Defense
and National Nuclear Security Administration
The Senate bill contained a provision (sec. 829I) that
would limit the application of the acquisition regulations
mandated by Executive Order 13673 to contractors or
subcontractors of the Department of Defense that have been
suspended or debarred as a result of the federal labor law
violations referenced in the Executive Order in effect on May
28, 2015.
The House amendment contained a similar provision (sec.
1095) that would exempt the Department of Defense and the
National Nuclear Security Administration from implementation of
Executive Order 13673.
The conference agreement does not include either
provision.
Requirement that certain ship components be manufactured in the
national technology and industrial base
The House amendment contained a provision (sec. 838) that
would amend section 2534 of title 10, United States Code, and
would require certain auxiliary ship components to be procured
from a manufacturer in the national technology and industrial
base.
The Senate bill contained no similar provision.
The House recedes.
Use of economy-wide inflation index to calculate percentage increase in
unit costs
The Senate bill contained a provision (sec. 839) that
would amend section 2433(f) of title 10, United States Code, to
require that unit costs be calculated in constant dollars with
an economy-wide inflation index, such as the Gross Domestic
Product Price Index.
The House amendment contained no similar provision.
The Senate recedes.
Modifications to the justification and approval process for certain
sole-source contracts for small business concerns
The House amendment contained a provision (sec. 842) that
would repeal section 811 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84) and establish a
standard justification and approval process for sole-source
contracts valued at $20.0 million or greater.
The Senate bill contained no similar provision.
The House recedes.
Briefing on design-build construction process for defense contracts
The House amendment contained a provision (sec. 843) that
would require the Secretary of Defense to provide the Committee
on Armed Services of the House of Representatives with a
briefing on the use and implementation of the two-phase design-
build selection procedures. The briefing would include: plans
to implement the updates to the Federal Acquisition Regulation
that amended section 2305a, title 10, United States Code; a
list of awards for design-build contracts pursuant to 2305a of
title 10, United States Code, that had more than five
finalists; feedback from industry; and any challenges to the
implementation of this amended statute.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, not later
than March 1, 2017, to provide the congressional defense
committees with a briefing on the use and implementation of the
two-phase design-build selection procedures. The briefing
should include how the Department of Defense continues to
implement the updates to the Federal Acquisition Regulation
that implemented the 2015 amendments to section 2305a, title
10, United States Code, a list of instances in which the
Department awarded a design-build contract pursuant to section
2305a of title 10, United States Code, that had more than five
finalists for phase-two requests for proposals during fiscal
year 2016, and the list of design-build requests for proposals
that used a one-step process, any feedback the Department has
received from industry on the Department's design-build
selection procedure, and any challenges to the implementation
of the statute.
Assessment of outreach for small business concerns owned and controlled
by women and minorities required before conversion of certain
functions to contractor performance
The House amendment contained a provision (sec. 844) that
would prohibit any Department of Defense functions performed by
civilian employees tied to a military base to be converted to
performance by contractors until an assessment is conducted to
determine if the Department has sufficiently carried out
outreach programs to assist small business concerns owned and
controlled by women or socially and economically disadvantaged
individuals located near a military base.
The Senate bill contained no similar provision.
The House recedes.
Enhanced use of data analytics to improve acquisition program outcomes
The Senate bill contained a provision (sec. 853) that
that would mandate the establishment of activities to promote
the use of data analytics and other evaluation-related methods
to support acquisition decision-making and enhance
organizational learning.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note a widespread recognition that the
Department of Defense (DOD) does not sufficiently incorporate
data into its acquisition-related learning and decision-making.
Many major policy decisions are made without the benefit of
being informed by substantive data. These policies are
sometimes based on assumptions, and program reviews do not
always sufficiently incorporate relevant data against which to
evaluate success. The conferees note that the Government
Accountability Office reported in 2015 that DOD officials
responsible for acquisitions and developing requirements lacked
access to data and the analytical tools necessary to conduct
effective reviews.
The conferees believe that data analysis and other
evaluation-related methods are a critical element in making
well-informed acquisition decisions and managing programs. As
the Congressional Research Service noted, a lack of data or
effective data analyses can lead to incorrect or misleading
conclusions. The result may be policies that squander
resources, waste taxpayer dollars, and undermine the
effectiveness of government programs or military operations.
The conferees believe that one important aspect of
enhancing the use of data analytics in acquisitions is for DOD
to improve data sharing both within its programs and
organizations, and where appropriate outside the Department.
Sharing data externally includes publishing, to the maximum
extent practicable, and in a manner that protects classified
and proprietary information, data collected by the Department
that is related to acquisition program costs and activities.
Effectively sharing such data would allow industry, academia,
think tanks, and the public to develop analyses of trends,
lessons learned, best practices, and new analytical methods and
tools for decision-making. To this end, the conferees encourage
the Department to fund intramural and extramural research and
development activities to develop and implement data analytics
capabilities in support of improved acquisition outcomes,
possibly through leveraging the authorities of the Defense
Acquisition Workforce Development Fund.
Therefore, the conferees direct the Secretary of Defense,
acting through the Under Secretary of Defense for Acquisition,
Technology, and Logistics, the Deputy Chief Management Officer,
and the Chief Information Officer, and in coordination with the
military services, to assess the effectiveness of current
activities and policies related to the use of data analysis,
measurement, and other evaluation-related methods to the
planning, implementation, and management of acquisition
programs and the improvement of acquisition outcomes in the
Department of Defense. The activities to be assessed should
include data analytics capabilities and organizations within
the military services; capabilities in Department of Defense
laboratories, test centers, and Federally Funded Research and
Development Centers to provide technical support for data
analytics; and the use of existing analytical capabilities
available to acquisition programs and offices to support
improved acquisition outcomes.
Further, the Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition, Technology, and
Logistics, shall conduct a review of the curriculum taught at
the National Defense University, the Defense Acquisition
University, and appropriate private-sector academic
institutions to determine the extent to which the curricula
includes appropriate courses on data analytics and other
evaluation-related methods and their application to defense
acquisitions, and how these efforts can be used by the
acquisition workforce to perform their missions.
The conferees direct the Secretary of Defense, not later
than 1 year after the date of the enactment of this Act, to
brief the Armed Services Committees of the Senate and House of
Representatives on the use of data analysis, measurement, and
other evaluation-related methods in DOD acquisition programs.
The briefing shall address the extent to which data analytics
capabilities have been implemented within the military
services, DOD laboratories, test centers, and Federally Funded
Research and Development Centers to provide technical support
for acquisition program management; the potential to increase
the use of analytical capabilities for acquisition programs and
offices to improve acquisition outcomes; the amount of funding
for intramural and extramural research and development
activities to develop and implement data analytics capabilities
in support of improved acquisition outcomes; any potential
improvements, based on private-sector best practices, in the
efficiency of current data collection and analysis processes
that could minimize collection and delivery of data by, from,
and to government organizations; steps being taken to
appropriately expose acquisition data in an anonymized fashion
to researchers and analysts; and an assessment of whether the
curriculum at the National Defense University, the Defense
Acquisition University, and appropriate private-sector academic
institutions includes appropriate courses on data analytics and
other evaluation-related methods and their application to
defense acquisitions.
Department of Defense exemptions from certain regulations
The Senate bill contained a provision (sec. 862) that
would exempt purchases of commercial off-the-shelf items by the
Department of Defense from certain Executive Orders and give
the Secretary of Defense waiver authority for other purchases.
The House amendment contained no similar provision.
The Senate recedes.
Use of non-cost type contracts to acquire commercial items
The Senate bill contained a provision (sec. 867) that
would amend section 2377 of title 10, United States Code, to
require that the Defense Federal Acquisition Regulation
Supplement include guidance that firm fixed-priced contracts,
fixed-price incentive contracts, or fixed-price with economic
price adjustment contracts be used to the maximum extent
practicable for the acquisition of commercial items.
Additionally, this provision would prohibit the use of cost-
type contracts for commercial items.
The House amendment contained no similar provision.
The Senate recedes.
Modified requirements for distribution of assistance under procurement
technical assistance cooperative agreements
The Senate bill contained a provision (sec. 875) that
would amend section 2413(c) of title 10, United States Code, to
conform the Procurement Technical Assistance Program with the
Defense Logistics Agency current practice of using states as
the geographic basis for cooperative agreement awards.
The House amendment contained no similar provision.
The Senate recedes.
The conferees agree that the current formula for
distribution of grants to procurement technical assistance
centers (PTACs) should be adjusted to address that the
Department of Defense has consolidated its contract
administration services districts, which are currently the
basis for grant distribution pursuant to section 2413 of title
10, United States Code. However, the conferees believe that a
successful funding formula should consider factors such as
avoiding the discontinuation of services to existing clients of
PTACs, the desirability of adding new PTACs or expanding the
client base of existing PTACs, the population density,
geographic accessibility of PTACs, duplication of services, the
level of success obtained by particular grant recipients, the
availability of funds, and other possible factors. Therefore,
the conferees direct the Department to provide recommendations
on appropriate factors and a funding formula. To develop these
recommendations, the Department shall, at a minimum, work in
consultation with current grantees and their representatives
and examine comparable grant programs operated by other
agencies. Such programs could include the Small Business
Development Centers, Women's Business Centers, and Veterans
Business Outreach Centers of the Small Business Administration
or the Business Centers of the Minority Business Development
Agency of the Department of Commerce. The Department's
recommendations shall be provided no later than March 1, 2017.
Working capital fund for precision guided munitions exports in support
of contingency operations
The Senate bill contained a provision (sec. 882) that
would authorize the Secretary of Defense to establish a working
capital fund to finance inventories of supplies of precision
guided munitions in advance of partner and allied forces
requirements to enhance the effectiveness of overseas
contingency operations conducted or supported by the United
States.
The House amendment contained no similar provision.
The Senate recedes.
Director of Developmental Test and Evaluation
The Senate bill contained a provision (sec. 894) that
would amend section 139 of title 10, United States Code, and
section 196(g) of title 10, United States Code, that would
refine the role of the Director of Operational Test and
Evaluation.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that Congress re-established a
developmental test and evaluation organization within the
defense research and engineering enterprise in 2009. Since that
time, the conferees have become concerned that the Department
has not established a reasonable balance of investment between
developmental and operational test activities. The conferees
believe it is necessary to examine the functions and resources
of the organizations of the Deputy Assistant Secretary of
Defense for Developmental Test and Evaluation (DT&E) and the
Director of Operational Test and Evaluation to better
understand if the Department has struck the right balance
between these activities. To improve test and evaluation
results for the Department's acquisition programs in the most
efficient manner, the Department's leadership must ensure
sufficient resources to support testing and oversight
activities.
The conferees note that, over time, the resources and
influence of the Office of the Secretary of Defense and the
Service developmental test and evaluation organizations have
declined, adversely impacting the successful outcomes of
acquisition efforts. However, the conferees believe that this
decline should be re-examined in light of the need for stronger
developmental test organizations to support department-wide
efforts to promote technical innovation and re-establish
battlefield technological superiority. As a result, the
conferees believe it would be useful for the Department of
Defense to review the resources allocated to developmental and
operational test and evaluation organizations to address a
number of issues and questions.
The conferees direct the Secretary of Defense to form an
independent study panel, unaffiliated with a Federally Funded
Research and Development Center, to review the appropriate
roles, responsibilities, and level of resources for both
developmental and operational test and evaluation activities
required to execute statutory and regulatory responsibilities
within the Office of the Secretary of Defense. The panel will
develop such recommendations as it believes appropriate for
optimal resources and authorities to support developmental and
operational test missions. The review and report should be
completed no later than 1 year after the enactment of this Act.
The committee recommends that the panel address the
following questions:
(a) How can the Director of Operational Test and
Evaluation and the Deputy Assistant Secretary of
Defense for Developmental Test and Evaluation (DASD
DT&E) at the Office of the Secretary of Defense
approach oversight within the system development cycle
to avoid overlap but be mutually supporting without
sacrificing the independence of either organization?
(b) Does participation with and assessment of
program progress during phases prior to operational
test and evaluation bias the independent objectivity of
the operational test and evaluation organization?
(c) Are there specific test and evaluation
activities that should be realigned for management
within OSD or the services to promote effectiveness and
efficiency of those programs?
(d) Overall are the developmental and operational
test and evaluation organizations effectively carrying
out the missions as described in title 10, United
States Code, and are there impediments to meeting those
responsibilities? In addition, are they engaged in
activities outside their mission areas?
(e) Are the activities of the test and evaluation
organizations constructive, not duplicative or
disruptive, to support the acquisition goals of the
military departments and defense agencies?
(f) What staffing authorities and other resources
are needed to support effective and efficient oversight
of both the developmental and operational phases of
testing commensurate with the effort to each relative
to the portion of the programs that their oversight
entails?
Improved transparency and oversight over Department of Defense
research, development, test, and evaluation efforts and
procurement activities related to medical research
The Senate bill contained a provision (sec. 898) that
would prohibit the Secretary of Defense from entering into a
contract, grant, or cooperative agreement for congressional
special interest medical research programs under the
congressionally directed medical research program of the
Department of Defense unless additional cost accounting and
other specified requirements were implemented.
The House amendment contained no similar provision.
The Senate recedes.
Title IX--Department of Defense Organization and Management
Subtitle A--Office of the Secretary of Defense and Related Matters
Organization of the Office of the Secretary of Defense (sec. 901)
The Senate bill contained a provision (sec. 901) that
would amend section 133 of title 10, United States Code, to
establish the position of the Under Secretary of Defense for
Research and Engineering, amend section 138 of title 10, United
States Code, to establish and consolidate certain Assistant
Secretary of Defense positions, and make other conforming
changes. The provision would also amend section 132a of title
10, United States Code, to redesignate the Under Secretary of
Defense for Business Management and Information as the Under
Secretary of Defense for Management and Support.
The House amendment contained a provision (sec. 846) that
would revise the effective date for amendments relating to the
conversion of the position of the Deputy Chief Management
Officer to the position of the Under Secretary of Defense for
Business Management and Information.
The House recedes with an amendment that would amend
chapter 4 of title 10, United States Code, to establish an
Under Secretary of Defense for Research and Engineering, an
Under Secretary of Defense for Acquisition and Sustainment, and
a chief management officer within the Department of Defense,
effective on February 1, 2018. The amendment would make other
modifying and conforming changes, and require the Secretary of
Defense to conduct a review and submit a report to the
congressional defense committees on the organizational and
management structure for the Department.
Three broad priorities framed the conference discussions:
(1) elevate the mission of advancing technology and innovation
within the Department; (2) foster distinct technology and
acquisition cultures to better deliver superior capabilities
for the armed forces; and (3) provide greater oversight and
management of the Department's Fourth Estate. The conferees
believe that separating the ``chief technology officer'' and
``chief acquisition officer'' responsibilities currently
residing with the Under Secretary of Defense for Acquisition,
Technology, and Logistics, as well as establishing a ``chief
management officer'' within the Department, addresses these
priorities and better postures the Office of the Secretary of
Defense organizationally to meet future national security
challenges.
The conferees believe the technology and acquisition
missions and cultures are distinct. The conferees expect that
the Under Secretary of Defense for Research and Engineering
would take risks, press the technology envelope, test and
experiment, and have the latitude to fail, as appropriate.
Whereas the conferees would expect the Under Secretary of
Defense for Acquisition and Sustainment to focus on timely,
cost-effective delivery and sustainment of products and
services, and thus seek to minimize any risks to that
objective.
Some will argue that the agreement exacerbates the
technology ``valley of death.'' The conferees acknowledge that
there will be seams in any organizational construct, but also
believe that this seam creates a healthy tension that can be
mitigated through effective leadership and management. As an
Under Secretary, third in precedence, the conferees expect that
the ``chief technology officer'' would have the stature and
resources to drive innovation throughout the Department,
including as needed through development and implementation of
innovative policies and practices. At the same time, the
conferees would expect the Under Secretary of Defense for
Acquisition and Sustainment to challenge any advanced
technology ideas that the Under Secretary cannot confidently
deliver on within cost, schedule, and performance objectives,
and shape those efforts appropriately.
The conferees recognize that the implementation of this
provision will require further examination and analysis, to
include a deeper review of authorities, responsibilities,
resource implications, and the appropriate allocation of
subordinate positions and organizations. As such, the provision
provides policy guidance on roles and responsibilities for each
of the three senior leadership positions and repeals
requirements in statute for specific subordinate assistant and
deputy assistant secretaries of defense to provide flexibility
to the Department to allocate such subordinate positions to
best meet congressional policy guidance.
The conferees believe a review of authorities is
particularly important, especially as they relate to any
direction and supervisory authorities vested in the three
senior leadership positions, to allow those senior leaders to
effectively oversee and manage activities and resources within
their portfolios at the direction of the Secretary of Defense.
Similarly, the conferees believe an in-depth examination of the
placement within the Department and the responsibilities of the
chief management officer is also warranted, as they believe
such an officer could provide greater oversight and management
of the non-homogenous organizations that comprise the
Department's Fourth Estate. The conferees also believe an
examination of the potential for the establishment of a Chief
Innovation Officer position, informed by best private sector
practices, is warranted.
The conferees set a date of February 1, 2018, for the
implementation of the three senior leadership positions, to
provide the Department with time to conduct the required
review, to engage the congressional defense committees, and to
provide its recommendations on an organization and management
structure for the Department. However, the conferees encourage
the President to move out earlier on nominations for these
senior leadership positions.
Lastly, while the focus of this provision is on the
Office of the Secretary of Defense, the conferees also
recognize that the Department as a whole must be examined to
provide the organizational and management agility and
adaptability necessary to address longer-term national security
challenges.
Responsibilities and reporting of the Chief Information Officer of the
Department of Defense (sec. 902)
The Senate bill contained a provision (sec. 903) that
would amend paragraph 8 of section 132(b) of title 10, United
States Code, to establish the position of the Assistant
Secretary of Defense for Information.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify in
sections 131 and 142 of title 10, United States Code, the
responsibilities of the Chief Information Officer of the
Department of Defense.
The conferees direct the Secretary of Defense to develop
a plan within 180 days after the enactment of this Act to
implement a more optimized organizational structure and
processes to support information management and cyber
operations to include the policy, direction, oversight and
acquisition functions performed by the Deputy Chief Management
Officer, the Chief Information Officer, the Under Secretary of
Defense for Acquisition, Technology and Logistics, the Under
Secretary for Policy, and the Under Secretary for Intelligence
and any other relevant entity in the Department of Defense.
This plan should include both business systems and national
security systems and explore the responsibilities for cyber and
space policy, information network defense, and the development
of policies and standards governing information technology
systems and related information security activities of the
Department. This plan should also assess the effectiveness and
utility of the cross functional team supporting the Principal
Cyber Advisor established by section 932(c)(3) of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-
66).
Maximum number of personnel in Office of the Secretary of Defense and
other Department of Defense headquarters offices (sec. 903)
The Senate bill contained a provision (sec. 904) that
would:
(1) amend section 143 of title 10, United States
Code, to limit the number of civilian and detailed
individuals authorized to be assigned to the Office of
the Secretary of Defense to 3,767;
(2) amend section 155 of title 10, to limit the
number of personnel on the Joint Staff to 1,930
including not more than 1,500 Active-Duty service
members;
(3) amend section 3014 of title 10, to limit the
total number of members of the Armed Forces and
civilian employees of the Department of the Army
assigned or detailed to permanent duty in the Office of
the Secretary of the Army and on the Army staff to
3,105; and to reduce the total number of general
officers assigned or detailed to permanent duty in the
Office of the Secretary of the Army and on the Army
staff from 67 to 50.
(4) amend section 5014 of title 10, to limit the
total number of members of the Armed Forces and
civilian employees of the Department of the Navy
assigned or detailed to permanent duty in the Office of
the Secretary of the Navy and on the Navy staff to
2,866; and to reduce the total number of flag officers
assigned or detailed to permanent duty in the Office of
the Secretary of the Navy and on the Navy staff from 67
to 50.
(5) amend section 8014 of title 10, to limit the
total number of members of the Armed Forces and
civilian employees of the Department of the Air Force
assigned or detailed to permanent duty in the Office of
the Secretary of the Air Force and on the Air Force
staff to 2,639; and to reduce the total number of
general officers assigned or detailed to permanent duty
in the Office of the Secretary of the Air Force and on
the Air Force staff from 60 to 45.
The provision would further clarify the exceptions to the
personnel limits. It would allow the limits to be increased by
15 percent during a national emergency.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit the
number of civilians assigned or detailed to the headquarters
operations, establish a 2,069 personnel limit for the Joint
Staff, and clarify that the exceptions to the personnel limits
allow an additional 15 percent during national emergencies.
Repeal of Financial Management Modernization Executive Committee (sec.
904)
The Senate bill contained a provision that would repeal
section 185 of title 10, United States Code, regarding the
Department of Defense Financial Management Modernization
Executive Committee.
The House amendment contained no similar provision.
The House recedes.
Subtitle B--Organization and Management of the Department of Defense
Generally
Organizational Strategy for the Department of Defense (sec. 911)
The Senate bill contained a provision (sec. 941) that
would require the Secretary of Defense to develop and implement
an organizational strategy for the Department of Defense (DOD).
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
streamline and condense the organizational strategy required
from the Secretary; (2) substantially enhance the requirement
for an independent study of private sector and government
experience with cross-functional teams (CFTs), and the use of
cross-functional groups by the Department of Defense, to inform
the Secretary's implementation of CFTs and the cultural changes
needed for their success; (3) lengthen and rationalize the
timelines for the next Secretary of Defense to accomplish the
changes mandated by the Senate provision; and (4) provide
additional discretion to the Secretary regarding the number,
characteristics, and application of mandated CFTs.
The intention of the conferees in adopting this provision
is to provide the Secretary of Defense with a valuable tool for
improving the performance of even the most elite organizations.
Recognizing that the civilian and military employees of the
Department of Defense are committed to the mission of
protecting and defending the United States, the conferees
believe that CFTs will provide the Secretary, and therefore the
DOD workforce, a tool to more-effectively achieve their shared
mission. The conferees believe that CFTs will enable the
Secretary to more rapidly and effectively develop solutions and
strategies for complex critical objectives and other
organizational outputs of the Department of Defense by
harnessing and integrating the expertise and ingenuity resident
in the Department's functional organizations.
Successful CFTs require that DOD develop a more
collaborative culture, just as the Goldwater-Nichols Act
reforms required a cultural change to instill ``jointness''
among the military services to better support integrated
operations for the combatant commands. The conferees recognize
that it is difficult to legislate cultural change, but note
that cultural change mandated by Goldwater-Nichols was
achieved, and that this section promotes a more collaborative
culture by such practical steps as training, directives and
guidance, and performance reviews. However, the views and
expectations of the Secretary and his principal staff advisers
will be critical to success.
DOD officials have expressed the concern that the CFTs
mandated under this section will undermine the authority of the
Secretary of Defense and confuse lines of responsibility. The
conferees emphasize that the authority of the CFTs, which will
be established and directed by the Secretary and will support
the Secretary, derives from the authority of the Secretary. Any
authority being exercised is the delegated authority of the
Secretary and is to be applied to cross-cutting objectives and
other organizational issues that are not under the authority of
any officials other than the Secretary and Deputy Secretary of
Defense.
The conferees note that DOD has established CFTs in the
past that were highly effective, including teams to improve
care for wounded warriors, dramatically increase intelligence
support to counter-terrorism forces, and rapidly build
thousands of life-saving armored vehicles to protect forces
facing dire threats from improvised explosive devices. The
attributes of these successful teams, and the manner in which
they were managed, as well as the collective experience of the
private sector and other government organizations, are
reflected in the provision adopted by the conferees.
The conferees hope and expect that the good-faith
implementation of this provision will demonstrate the value of
properly constructed CFTs, which will spur the use of such
teams across the Department, supporting officials and decision-
making at all levels of the enterprise.
Policy, organization, and management goals and priorities of the
Secretary of Defense for the Department of Defense (sec. 912)
The Senate bill contained a provision (sec. 942) that
would require a series of management directives for the next
Secretary of Defense.
The House amendment contained no similar provision.
The House recedes with an amendment that would scope the
management overview to focus on policy goals, organizational
management, and delayering of Department of Defense
organizations and require updates in the form of a briefing on
February 1 of each year through 2022 after the initial written
report is submitted by April 1, 2017.
The Conferees note that the Secretary of Defense is
expected to utilize the delivery unit authorized in this Act to
assist with the execution and tracking of goals set under this
provision.
Secretary of Defense delivery unit (sec. 913)
The Senate bill contained a provision (sec. 906) that
would provide the Secretary of Defense with the authority to
establish a delivery unit that would report directly to the
Secretary in order to provide expertise and support on key
reform and business transformation priorities across the
Department for no more than four years beginning February 1,
2017. Such delivery unit may utilize the public-private talent
exchange authorities available to the Secretary and consist of
no more than 30 professionals with deep experience in
management consulting, organization transformation, and data
analytics.
The House amendment contained no similar provision.
The House recedes with an amendment that would expand the
role of the delivery unit beyond the business transformation
process to also include the authority to identify and recommend
resolutions to obstacles impeding the implementation of the
Secretary's policies. The amendment also moves the
establishment date of the delivery unit to March 1, 2017.
Performance of civilian functions by military personnel (sec. 914)
The House amendment contained a provision (H. 923) that
would prohibit the conversion of positions performed by
civilian personnel to performance by military personnel in most
cases.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would further
clarify that functions performed by civilian personnel should
not be performed by military personnel except to meet mission
requirements, as determined by the Secretary of a military
department, or to address critical staffing needs for no more
than one year resulting from congressional reductions in
personnel or budgetary resources.
Repeal of requirements relating to efficiencies plan for the civilian
personnel workforce and service contractor workforce of the
Department of Defense (sec. 915)
The Senate bill contained a provision (sec. 1084) that
would repeal section 955 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239).
The House amendment contained no similar provision.
The House recedes.
Subtitle C--Joint Chiefs of Staff and Combatant Command Matters
Joint Chiefs of Staff and related combatant command matters (sec. 921)
The Senate bill contained a provision (sec. 921) that
would amend sections 151 and 153 of title 10, United States
Code, to clarify the role of the Chairman of the Joint Chiefs
of Staff and the key duties that this officer must perform on
behalf of the joint force, specifically: providing advice on
the military elements of defense strategy and the global
integration of military activities; advocating for the joint
warfighter of today and tomorrow, especially with respect to
developing joint capabilities; ensuring comprehensive joint
readiness; and fostering joint force development. This
provision seeks to clarify the role of the Chairman and thereby
set an expectation that the preponderance of any Chairman's
time should be devoted to the key strategic, global, and joint
duties that are the Chairman's unique purview within the
military.
The provision would also enhance the role of the other
members of the Joint Chiefs, and the Joint Chiefs of Staff as a
corporate body, to provide military advice to civilian leaders,
including on the military elements of strategy. Current law
provides the Chairman discretion with regard to how much to
consult with the other Joint Chiefs and whether to inform
civilian leaders of alternative military advice. This provision
would seek to better enable the Chairman to act as the
principal military adviser to civilian leaders.
The House amendment contained two similar provisions
(sec. 907 and sec. 908). The first provision in the House
amendment (sec. 907) would amend section 152(a) of title 10,
United States Code, to extend the term of office of the
Chairman of the Joint Chiefs of Staff from 2 years to 4 years.
This section would also limit the reappointment of the Chairman
to additional terms only in a time of war, and limit the
combined period of service of an officer serving as Chairman or
Vice Chairman of the Joint Chiefs of Staff to 8 years.
The second provision (sec. 908) in the House amendment
would amend section 153(a) of title 10, United States Code,
which sets forth the functions of the Chairman of the Joint
Chiefs of Staff, by codifying the Chairman's responsibility to
provide advice to the President and the Secretary of Defense on
ongoing military operations and to provide advice to the
Secretary on the allocation and transfer of forces among
combatant commands.
The House recedes with an amendment that would make
certain changes to enhance the position of the other members of
the Joint Chiefs as military advisors, extend the terms of the
Chairman and the Vice Chairman to 4 years and ensure that such
terms are staggered, outline the Chairman's role in planning,
advice, global military integration, and ensure open
communication between the combatant commands and the Chairman.
Organization of the Department of Defense for management of special
operations forces and special operations (sec. 922)
The Senate bill contained a provision (sec. 923) that
would amend sections 138 and 167 of title 10, United States
Code, to modify the roles and responsibilities of the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict (ASD SOLIC) and the Commander of U.S. Special
Operations Command (SOCOM).
The House amendment contained no similar provision.
The House recedes with an amendment that would make
clarifying changes.
The conferees note that in recent years SOCOM has
undergone significant change and the capabilities of special
operations forces (SOF) have taken on critical importance for
addressing the threat posed by violent extremist groups and
other security challenges facing our nation. Since 2001,
SOCOM's personnel numbers (civilian and military) have nearly
doubled, its budget nearly tripled, and overseas deployments of
SOF nearly quadrupled.
Under provisions included in the National Defense
Authorization Act for Fiscal Year 1987 (Public Law 99-661),
commonly referred to as the ``Nunn-Cohen Amendment,'' the ASD
SOLIC is tasked with the responsibility to provide ``the
overall supervision (including oversight of policy and
resources) of special operations activities'' and is identified
as ``the principal civilian advisor to the Secretary of Defense
on special operations and low intensity conflict matters.''
The provisions described above were intended to empower
the ASD SOLIC to serve a hybrid role as: 1) the Department's
lead civilian policy official for matters related to special
operations and low intensity conflict; and 2) the ``service
secretary-like'' civilian with responsibility for the oversight
and advocacy of SOCOM and the organization, training, and
equipping of SOF. However, the conferees believe the ASD SOLIC
has been challenged in fulfilling their ``service secretary-
like'' responsibilities for a number of reasons. For example,
the ASD SOLIC's organizational location within the office of
the Undersecretary of Defense for Policy (USD(P)) has resulted
in the ASD SOLIC dedicating a preponderance of their time and
resources to policy and operational issues, at the expense of
their ``service secretary-like'' responsibilities.
Additionally, other civilian offices with greater seniority
within the Department exercise related and, at times,
overlapping responsibilities for aspects of SOF oversight,
thereby complicating the ASD SOLIC's primacy in such matters.
Furthermore, the conferees understand that studies directed by
the Department when the ASD SOLIC was created determined that
appropriate staffing levels for the organization would require
between 95 and 110 personnel. However, the office of the ASD
SOLIC is currently only staffed by approximately 60 military
and civilian personnel, only 6 of whom are focused on tasks
related to the oversight and advocacy of the organization,
training, and equipping of SOF. Furthermore, the addition of
responsibilities for the counter-narcotics programs, building
partner capacity initiatives, and humanitarian and disaster
relief efforts of the DOD have further stretched the resources
available to the office since its creation.
The conferees intend for this provision to clarify and
strengthen the original mandate provided by the Nunn-Cohen
Amendment that established the ASD SOLIC. The provision is
intended to facilitate the unique ``service secretary-like''
responsibilities of the ASD SOLIC by mirroring the
administrative chain of command relationship between the
service secretaries and the military services for issues
impacting the special operations-peculiar (commonly referred to
as Major Force Program-11) administration and support of SOCOM,
including the readiness and organization of SOF, resources
(including program planning, allocation, and execution) and
equipment, and relevant civilian personnel matters. The
provision shall not impact the operational chain of command for
SOF activities or the ``service-common'' responsibilities of
the military services including personnel and other matters
that are not special operations-peculiar.
The conferees are mindful of the congressionally-directed
reductions to headquarters staff, but believe that the
``service secretary-like'' mission of the ASD SOLIC should be
more robustly resourced in order to rebalance the ASD SOLIC's
lines of effort and fulfill its mandate under title 10, United
States Code. The conferees also expect the codification of the
Special Operations Policy and Oversight Council under this
provision to improve the oversight and advocacy of SOF by
integrating the efforts of the various functional offices with
direct or tangential responsibilities for SOF issues, thereby
partially mitigating the need for significant numbers of
additional personnel.
Additionally, the conferees note that the President
approved the transfer of the mission for synchronizing global
Department of Defense operations for countering weapons of mass
destruction (CWMD) from United States Strategic Command
(STRATCOM) to United States Special Operations Command on
August 4, 2016. According to the Secretary of Defense
``Expediting the transfer of CWMD responsibilities will allow
USSOCOM to assume leadership for synchronization of Department
of Defense (DoD) efforts in this critical mission, which will
include updating the DoD CWMD Campaign Plan and instituting a
comprehensive mission assessment process. I recommend this
course of action to best ensure consistent, focused, and
strengthened CWMD efforts across the Department and with our
interagency and international partners.'' The conferees support
the transfer of the CWMD global synchronization mission to
SOCOM because it may ensure appropriate DOD and interagency
attention for this critical mission, facilitate synchronization
with counterterrorism and other transregional efforts, and
strengthen the preparedness of U.S. Special Operations Forces
to counter these threats. However, the conferees are concerned
that the requirements to successfully implement this mission
change may not be fully defined and understood at this time.
The conferees believe that it is important to clearly define
requirements for this mission transfer to ensure that resources
needed by SOCOM to adequately carry out this mission are
appropriately transferred and provided for across the future
years defense program.
Therefore, not later than 90 days after enactment of this
Act, the conferees direct the Secretary of Defense to submit to
the congressional defense committees the implementation plan
for the transfer of the CWMD global synchronization mission.
The report should include: an identification of resources,
authorities, personnel or capabilities needed for this mission,
and plans to implement those in the future years defense
program; identification of the responsibilities, organizations,
personnel and capabilities to be transferred from Strategic
Command, including those at the Defense Threat Reduction
Agency, to SOCOM to support the mission; oversight
responsibilities within the Office of the Secretary of Defense;
dates and criteria for the initial operating capability and
full operating capability milestones.
Establishment of Unified Combatant Command for Cyber Operations (sec.
923)
The House amendment contained a provision (sec. 911) that
would establish a unified combatant command for cyber
operations with the primary function to prepare cyber
operations forces to carry out assigned missions.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees note transparency of U.S. Cyber Command
operations, forces, and other activities is critical to
oversight of the command by Congress. The conferees expect the
quarterly cyber operations briefings, mandated by Title 10,
United States Code, Section 484, to continue to serve as a
forum for providing information to Congress on all offensive
and significant defensive military operations in cyberspace
carried out by the unified combatant command in the preceding
quarter and serve as mechanism for informing Congress of other
activities of the command.
In establishing the unified combatant command for cyber
operations, the conferees also expect the Secretary of Defense,
in conjunction with the relevant agencies and entities within
the Department of Defense, to establish formal procedures for
notification to Congress of significant operations in
cyberspace on a timely basis. The conferees also expect the
Secretary to establish formal procedures for notification to
Congress of other significant command activities, such as
delegation of new authorities to the United States Cyber
Command Commander for cyberspace operations by the Secretary of
Defense and relevant policy and internal oversight decisions
affecting activities of the command.
Assigned forces of the combatant commands (sec. 924)
The Senate bill contained a provision (sec. 1041) that
would amend section 162 of title 10, United States Code, to
require the secretaries of the military departments, at the
direction of the Secretary of Defense, to assign forces under
the jurisdiction of the secretaries concerned to the combatant
commands to perform missions assigned to the combatant
commands. Forces that are not so assigned shall remain under
the direction and control of the respective military department
secretaries for purposes of carrying out the secretaries'
responsibilities under sections 3013, 5013, and 8013 including
organizing, training, and mobilizing of all United States
military forces.
The House amendment contained a similar provision (sec.
909).
The House recedes.
Modifications to the requirements process (sec. 925)
The Senate bill contained a provision (sec. 943) that
would amend Section 181 of title 10, United States Code, to
clarify and modify the joint and service-specific requirements
process. This provision would ensure that the service chief of
the relevant military service is responsible for all service-
specific requirements, and Joint Requirements Oversight Council
(JROC) validation is not required before commencing a service-
specific acquisition program, except for a major defense
acquisition program or a service-specific program designated
for JROC oversight by the Chairman of the Joint Chiefs of
Staff. Additionally, this provision would require the Chairman
to determine whether a major defense acquisition program meets
joint requirements before the program or subprogram receives
Milestone A approval or is otherwise initiated prior to
Milestone B. The provision also would make the Vice Chairman of
the Joint Chiefs of Staff the principal adviser to the Chairman
on requirements.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify the
responsibilities of the JROC to focus on critical joint
warfighting needs by: (1) determining gaps in joint military
capabilities; (2) validating that proposed capabilities fulfill
a gap; and (3) approving only joint performance requirements,
such as interoperability or those involving more than one
military service. The amendment would retain language from
section 181 of title 10, United States Code, to clarify that
the mission of the JROC shall include other matters assigned to
it by the President or Secretary of Defense, and that the
Chairman of the Joint Chiefs of Staff shall appoint members to
the JROC who are recommended by the Secretaries of the military
departments. The amendment would retain the Under Secretary of
Defense (Comptroller) as an advisor to the JROC and broaden the
base of analytic support that shall assist the JROC to include
organizations within the Department that have operations
research, systems analysis, and cost estimation expertise. The
amendment also would modify definitions of joint military
capabilities and performance requirements.
The amendment also would provide the JROC with authority
to review performance requirements for other proposed or
existing capabilities that the Chairman determines should be
reviewed by the JROC. The conferees expect that this authority
would be used only in limited situations, such as the review of
proposed capabilities that may affect the joint force or an
existing materiel capability solution that may no longer
satisfy a previously identified gap. This authority should not
supersede any other existing statutory or regulatory authority
that pertains to the review and approval of requirements by
other entities, such as the Missile Defense Agency or the
authority to validate requirements provided to the Special
Operations Command in Section 167 of title 10, United States
Code.
Additionally, the amendment requires that the Secretary
of Defense establish an investment review process, to be co-
chaired by the Deputy Secretary of Defense and the Vice
Chairman of the Joint Chiefs of Staff, to establish cost and
fielding targets for new programs pursuant to section 2448a of
this Act. To support establishment of cost and fielding
targets, the amendment transfers from the JROC to the new
investment review process the review of trade-offs among life-
cycle cost, schedule, and performance objectives. The conferees
direct the Secretary to develop a plan for implementing this
investment review process and to brief the defense committees
on the elements of the plan no later than 6 months after
enactment of the Act. In developing the plan, the conferees
direct the Secretary to evaluate the Department's Analysis of
Alternatives process for determining trade-offs and weapon
system solutions in acquisition programs.
Assessments of combatant command structure (sec. 926)
The Senate bill contained a provision (sec. 924) that
would direct the Secretary of Defense to initiate a pilot
program on the organization of a unified combatant command by
organizing the subordinate commands of such unified combatant
command in the form of joint task forces.
The House amendment contained a similar provision (sec.
914) that would require the Secretary of Defense to enter into
a contract with an independent entity to conduct an assessment
on the combatant command structure and to provide
recommendations for improving the overall effectiveness of
combatant command structures.
The Senate recedes with an amendment clarifying that the
Secretary of Defense shall conduct an assessment of the
organization of the combatant commands and provide
recommendations for changes to improve the effectiveness of
such commands as well as enter into a contract for an
independent assessment of the organization of the combatant
commands.
The conferees expect the assessments to address any
deficiencies in the current organization of the combatant
commands; to review the growth in the size of staffs of the
unified combatant commands and whether such growth inhibits an
effective and efficient performance; to determine whether the
combatant commands are best aligned to address persistent,
trans-regional, cross-functional, and multi-domain threats; and
to assess whether the current structure encourages the unified
combatant commands to be overly focused on mission support
activities and not sufficiently focused on operational missions
of the combatant commands.
Subtitle D--Organization and Management of Other Department of Defense
Offices and Elements
Qualifications for appointment of the Secretaries of the military
departments (sec. 931)
The Senate bill contained a provision (sec. 902) that
would amend sections 3013, 5013, 8013 of title 10, United
States Code, to prescribe management experience of large and
complex organizations as qualification required for individuals
to serve as the Secretaries of the Army, Navy, and Air Force,
respectively.
The House amendment contained no similar provision.
The House recedes with an amendment that would establish
that service secretaries 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.
Enhanced personnel management authorities for the Chief of the National
Guard Bureau (sec. 932)
The Senate bill contained a provision (sec. 944) that
would amend section 1058 of title 10, United States Code, to
enhance the personnel management authority of the Chief of the
National Guard Bureau by authorizing the Chief to program for,
appoint, employ, administer, detail, and assign federal
civilian employees to provide full-time support to the non-
federalized National Guard. This provision clarifies that state
adjutants general will continue to exercise their authority to
hire, employ, and supervise the federal civilian employees
providing full-time support to their state.
The House amendment contained no similar provision.
The House recedes.
Reorganization and redesignation of Office of Family Policy and Office
of Community Support for Military Families with Special Needs
(sec. 933)
The Senate bill contained a provision (sec. 947) that
would amend sections 1781(a) and 1781(c) of title 10, United
States Code, to reorganize and redesignate the Office of Family
Policy into the Office of Military Family Readiness Policy and
the Office of Community Support for Military Families with
Special Needs into the Office of Special Needs. The provision
would reorganize the Office of Special Needs under the Office
of Military Family Readiness Policy. The provision would also
require the director of the Office of Military Family Readiness
Policy to be a member of the Senior Executive Service or a
general or flag officer.
The House amendment contained no similar provision.
The House recedes with an amendment that would repeal the
requirement for the head of the office to be a member of the
Senior Executive Service or a general or flag officer.
Redesignation of Assistant Secretary of the Air Force for Acquisition
as Assistant Secretary of the Air Force for Acquisition,
Technology, and Logistics (sec. 934)
The Senate bill contained a provision (sec. 949) that
would amend section 8016(b)(4)(A) of title 10, United States
Code, to redesignate the title of ``Assistant Secretary of the
Air Force for Acquisition'' to read ``Assistant Secretary of
the Air Force for Acquisition, Technology, and Logistics'' in
this and all other laws.
The House amendment contained no similar provision.
The House recedes.
Subtitle E--Strategies, Reports, and Related Matters
National Defense Strategy (sec. 941)
The Senate bill contained a provision (sec. 1096) that
would require the Secretary of Defense to provide the
congressional defense committees a national defense strategy
that addresses the highest priority missions for the Department
of Defense, the most critical and enduring threats to the
national security of the United States and its allies, and the
strategies that the Department will use to counter those
threats.
The House amendment contained a similar provision (sec.
904).
The House recedes with amendments clarifying the form and
frequency of the national defense strategy and making other
technical changes.
Commission on the National Defense Strategy for the United States (sec.
942)
The House amendment contained a provision (sec. 903) that
would establish a commission to be known as the ``Commission on
the National Defense Strategy for the United States'' to
examine and make recommendations with respect to national
defense strategy for the United States.
The Senate bill contained a similar provision (sec.
1078).
The Senate recedes with amendments addressing threat
assessments and force structure and making other technical
changes.
The commission would replace the National Defense Panel
and precede the development of the National Defense Strategy,
required elsewhere in this Act. The conferees believe that such
an independent effort to provide recommendations and identify
key issues and areas of focus, would improve the Secretary's
development of strategy. Furthermore, the conferees believe
that such a bipartisan effort could help build national
consensus on how to address complex and challenging national
security issues.
Reform of the national military strategy (sec. 943)
The Senate bill contained a provision (sec. 921(c)) that
would revise the requirements of the national military
strategy.
The House amendment contained a similar provision (sec.
905).
The Senate recedes with technical amendments that include
language from the Senate provision.
Form of annual national security strategy report (sec. 944)
The Senate bill contained a provision (Sec. 1090) that
would amend Section 108(c) of the National Security Act of 1947
(50 U.S.C. 3043(c)) by requiring the national security strategy
report to be delivered in classified form, but it may include
an unclassified summary.
The House amendment contained no similar provision.
The Senate recedes with technical amendment that
clarifies the report should be delivered to Congress.
Modification to independent study of national security strategy
formulation process (sec. 945)
The House amendment contained a provision (sec. 906) that
would amend section 1064 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92), which requires an
independent study of the national security strategy formulation
process, by adding a requirement for the study to address the
workforce responsible for conducting strategic planning and to
examine how Congress fits into the strategy formulation
process.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle F--Other Matters
Enhanced security programs for Department of Defense personnel and
innovation initiatives (sec. 951)
The Senate bill contained a provision (sec. 973) that
would require the Secretary of Defense to take actions to allow
the Defense Security Service to conduct before October 1, 2017,
all personnel background and security investigations
adjudicated by the Consolidated Adjudication Facility of the
Department of Defense. This provision would also strengthen
insider threat detection programs by streamlining requirements
for the collection, storage, and retention of information and
would allow the Department to seek solutions from commercial
companies and improve the process for the reciprocity of
security clearances.
The House amendment contained a similar provision (sec.
215) that would require the Secretary of Defense to develop and
sustain a new security clearance information technology
architecture to replace the legacy system of the Office of
Personnel Management. Further, this section would require the
Secretary of Defense, Director of National Intelligence, and
Director of the Office of Personnel Management to issue a
governance charter to delineate responsibilities between
organizations, as well as to review and revise as necessary the
executive orders, statutes, and other authorities related to
personnel security. This section would also require quarterly
notifications to designated congressional committees until
September 30, 2019.
The House recedes with an amendment that would require
the Department to prepare a plan to potentially transfer
personal background and security clearance investigations back
to the Department of Defense, include requirements for
developing the information technology systems to support
background investigations, and provide authority to waive some
statutory deadlines related to the timelines for background
investigations.
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. 952)
The Senate bill contained a provision (S. 972) that would
amend section 2674 of title 10, United States Code, to update
the authority of the Secretary of Defense to appoint law
enforcement personnel to protect the Pentagon reservation and
Department of Defense activities in the National Capital
Region, and to set the rates of basic pay for law enforcement
and security personnel whose permanent duty station is the
Pentagon reservation.
The House amendment contained no similar provision.
The House recedes.
Modifications to requirements for accounting for members of the Armed
Forces and Department of Defense civilian employees listed as
missing (sec. 953)
The Senate bill contained a provision (sec. 971) that
would amend sections 1501, 1505, and 1513 of title 10, United
States Code, to elevate oversight of recovery policy and
operations for current conflicts from the Defense POW/MIA
Accounting Agency (DPAA) to the Secretary of Defense, and to
clarify that the DPAA director retains authority to establish
policy and execute recovery operations for missing persons from
past conflicts. In addition, this provision would clarify that
the Department is required to account for missing persons only
to the extent practicable upon discovery of remains of missing
personnel.
The House amendment contained a similar provision (sec.
925).
The Senate recedes.
Modifications to corrosion report (sec. 954)
The House amendment contained a provision (sec. 921) that
would amend section 2228(e)(1) of title 10, United States Code,
to modify Department of Defense corrosion reporting
requirements.
The Senate bill contained no similar provision.
The Senate recedes.
Legislative Provisions Not Adopted
Sense of Congress on Goldwater-Nichols Reform
The House amendment contained a provision (sec. 901) that
would express the sense of Congress that certain principles
should be adhered to in any reform of the Goldwater-Nichols
Department of Defense Reorganization Act of 1986 (Public Law
99-433).
The Senate bill contained no similar provision.
The House recedes.
Authority to employ civilian faculty members at Joint Special
Operations University
The House amendment contained a provisions (sec. 922)
that would amend section 1595(c) of title 10, United States
Code, to provide the Joint Special Operations University the
flexibility to hire civilians as professors, instructors, and
lecturers.
The Senate bill contained no similar provision.
The House recedes.
Public release by inspectors general of reports of misconduct
The House amendment contained a provision (sec. 924) that
would amend sections 141, 3020, 5020, and 8020 of title 10,
United States Code, to require the Department of Defense
Inspector General and the service inspectors general to
publicly release reports of administrative investigations that
substantiate misconduct of members of the Senior Executive
Service, schedule C employees, or commissioned officers in pay
grade O-6 promotable and above.
The Senate bill contained no similar provision.
The House recedes.
The conferees believe the public is entitled to
appropriate access to investigations that substantiate
misconduct by senior officials of the Department of Defense and
the military departments. The conferees note that the
Department of Defense Inspector General's on-line FOIA Reading
Room currently includes reports concerning those senior
officials.
Redesignation of the Department of the Navy as the Department of the
Navy and Marine Corps
The House amendment contained a provision (sec. 931) that
would redesignate the Department of the Navy as the Department
of the Navy and Marine Corps. The House amendment contained
additional provisions (sections 932, 933, and 934) that would
provide technical and conforming amendments to other provisions
of the law consistent with the redesignation proposed under
section 931.
The Senate bill contained no similar provision.
The House recedes.
Title X--General Provisions
Subtitle A--Financial Matters
General transfer authority (sec. 1001)
The Senate bill contained a provision (sec. 1001) that
would allow the Secretary of Defense to transfer up to $4.0
billion of fiscal year 2017 funds authorized in division A of
this Act to unforeseen higher priority needs in accordance with
normal reprogramming procedures. Transfers of funds between
military personnel authorizations would not be counted toward
the dollar limitation in this provision.
The House amendment contained a similar provision (sec.
1001) that would allow the Secretary of Defense, with certain
limitations, to make transfers between amounts authorized for
fiscal year 2017 in division A of this Act. This section would
limit the total amount transferred under this authority to $5.0
billion. This section would also require prompt notification to
Congress of each transfer made.
The Senate recedes with an amendment that would that
would allow the Secretary of Defense to transfer up to $4.5
billion of fiscal year 2017 funds authorized in division A of
this Act to unforeseen higher priority needs in accordance with
normal reprogramming procedures.
Report on auditable financial statements (sec. 1002)
The House amendment contained a provision that would
require the Secretary of Defense to submit to the congressional
defense committees, not later than 30 days after enactment, 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 Senate bill contained no similar provision.
The Senate recedes with an amendment that would change
the deadline for the report to 90 days after enactment.
Increased use of commercial data integration and analysis products for
the purpose of preparing financial statement audits (sec. 1003)
The Senate bill contained a provision that would require
the Department of Defense to procure information technology
services, data analysis, and data integration platforms to
improve the preparation of Department of Defense financial
statements.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Sense of Congress on sequestration (sec. 1004)
The Senate bill contained a provision (sec. 1003) that
would express the sense of the Senate that the statutory budget
caps imposed by the Budget Control Act of 2011 (BCA) remain an
unreasonable and inadequate budgeting tool to address the
Nation's fiscal challenges. The Senate remains concerned about
the harmful impacts of sequestration on our national defense,
to include non-defense agencies that contribute to our national
security. This provision acknowledges that relief from the BCA
should include both defense and non-defense spending.
The House amendment contained no similar provision.
The House recedes with an amendment that would express
the sense of the congress that sequestration is an unreasonable
and inadequate budgeting tool, imposes unacceptable limitations
on the budget and increased risk to national security, and that
the caps in the budget control act should be modified through a
bipartisan legislative agreement.
Requirement to transfer funds from Department of Defense Acquisition
Workforce Development Fund to the Treasury (sec. 1005)
The House amendment contained a provision (sec. 1002)
that would reduce the unobligated balance of the Defense
Acquisition Workforce Development Fund by $475.0 million due to
excess funds.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Counter-Drug Activities
Codification and modification of authority to provide support for
counter-drug activities and activities to counter transnational
organized crime of civilian law enforcement agencies (sec.
1011)
The Senate bill contained a provision (sec. 1006) that
would establish a new section in title 10, United States Code,
to codify section 1004 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510), as most recently
amended by section 1012 of the Carl Levin and Howard P. `Buck'
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291). The provision would also make
modifications to the types of support that may be provided with
respect to foreign law enforcement.
The House amendment contained no similar provision.
The House recedes with an amendment that would codify and
make modifications to the authority of the Department of
Defense to provide support for counter-drug activities and
activities to counter transnational organized crime of civilian
law enforcement agencies. The provision would also require
coordination with the Secretary of State for support for
foreign law enforcement agencies under the authority.
The conferees are concerned about the threat posed by the
production and trafficking of heroin, fentanyl (and precursor
chemicals), and other illicit drugs. Consistent with the
Department's authorities and missions, the conferees direct the
Department to ensure appropriate resources are allocated to
efforts to combat this threat.
Secretary of Defense review of curricula and program structures of
National Guard counterdrug schools (sec. 1012)
The House amendment contained a provision (sec. 1012)
that would amend section 901 of the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469)
to authorize the Secretary of Defense to review and approve the
curriculum and program structure of each of the National Guard
counterdrug schools.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees note the importance of the National Guard
counterdrug schools in the development, training, and
maintenance of skills for Federal, State, local, and foreign
government officials to combat illicit trafficking. The
committee supports increased oversight of these schools by the
Secretary to improve the alignment of curriculum to defense
priorities and the allocation of limited resources.
Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia (sec. 1013)
The Senate bill contained a provision (sec. 1007) that
would extend by 4 years the authority to support the unified
counterdrug and counterterrorism campaign in the Republic of
Colombia originally authorized by section 1021 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375), and most recently amended by section 1011
of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92).
The House amendment contained a similar provision (sec.
1013) that would extend by 1 year the authority to support the
unified counterdrug and counterterrorism campaign in the
Republic of Colombia authorized by section 1021 of the Ronald
W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375), and most recently amended by section
1011 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92).
The House recedes with an amendment that would extend the
authority for 2 years.
The conferees strongly support the vital partnership
between the United States and Colombia and note the remarkable
security gains the Government of Colombia has achieved over the
last 15 years. The conferees believe that an enduring security
relationship between the U.S. and Colombia is essential to
sustaining and building upon these gains and urge the
Department of Defense, in coordination with the interagency, to
ensure its security cooperation programs and authorities
reflect the evolving security environment in Colombia and the
region.
Enhancement of information sharing and coordination of military
training between Department of Homeland Security and Department
of Defense (sec. 1014)
The Senate bill contained a provision (sec. 1051) that
would require the Secretary of Homeland Security to ensure that
the information needs of the Department of Homeland Security
(DHS) relating to civilian law enforcement activities in
proximity to the borders of the United States are identified
and communicated to the Secretary of Defense for the purposes
of planning and executing military training. The provision
would require the Secretary of Defense to ensure that such
military training conducted in proximity to the borders of the
U.S. is coordinated with DHS. Further, the provision would
require the Secretary of Homeland Security and the Secretary of
Defense to create joint guidance to ensure information relevant
to drug interdiction or other civilian law enforcement matters
that is collected by the U.S. military during the normal course
of military training or operations is provided promptly to
civilian law enforcement officials in accordance with section
371 of title 10, United States Code.
The House amendment contained a similar provision (sec.
1014) that would require the Secretary of Defense to coordinate
unmanned aerial systems training missions along the southern
border of the United States in order to support the Department
of Homeland Security's counter-narcotic trafficking efforts.
The House recedes with a technical amendment.
Subtitle C--Naval Vessels and Shipyards
Definition of short-term work with respect to overhaul, repair, or
maintenance of naval vessels (sec. 1021)
The House amendment contained a provision (sec. 1021)
that would amend section 7299a of title 10, United States Code,
and expand the homeport limitation of an overhaul, repair, or
maintenance ship availability from six months to ten months.
The Senate bill contained no similar provision.
The Senate recedes.
Warranty requirements for shipbuilding contracts (sec. 1022)
The House amendment contained a provision (sec. 1022)
that would require shipbuilding contracts to include warranty
of work for a period of at least 1 year. A contracting officer
may waive this requirement if a limited liability of warranted
work is in the best interest of the government.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would limit
this provision to new construction contracts in the
Shipbuilding and Conversion, Navy account, as well as establish
the effective date of this provision as the date of the
enactment of the National Defense Authorization for Fiscal Year
2018 or September 30, 2017, whichever occurs later.
The conferees direct the Secretary of the Navy to submit
two reports to the congressional defense committees:
(1) A report describing the status of the
Department of the Navy policy being developed to
implement this provision shall be submitted not later
than March 30, 2017; and
(2) A report describing the final or draft
Department of the Navy policy to implement this
provision shall be submitted not later than June 30,
2017.
National Sea-Based Deterrence Fund (sec. 1023)
The House amendment contained a provision (sec. 1023)
that would:
(1) Expand the Fund's transfer authority provided
by section 1022(b)(1) of the National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-
291) to include fiscal year 2018;
(2) Amend section 2218a of title 10, United States
Code, relating to the National Sea-Based Deterrence
Fund to include authority for multiyear procurement of
critical components to support continuous production;
(3) Clarify the definition of a national sea-based
deterrence vessel.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would delete
the transfer authority expansion and limit the use of multiyear
procurement authority to that needed to support continuous
production of the common missile compartment.
The conferees expect the Navy to continue reviewing
production approaches for the Ohio Replacement Program to
achieve additional efficiencies. The conferees would be willing
to consider expanding multiyear production authority if the
Navy is able to demonstrate savings or greater efficiencies
could be achievable through such use.
Availability of funds for retirement or inactivation of Ticonderoga-
class cruisers or dock landing ships (sec. 1024)
The House amendment contained a provision (sec. 1024)
that would prohibit the Secretary of the Navy from using funds
authorized to be appropriated by this Act to retire a cruiser
or dock landing ship or to place in a modernization status more
than six cruisers and one dock landing ship. Furthermore, the
Secretary of Defense would be prohibited from obligating more
than 75 percent of the funds made available for the Office of
the Secretary of Defense until the Secretary of the Navy enters
into a contract for the modernization of four cruisers and one
dock landing ship and enters into a contract for the
procurement of combat systems upgrades associated with six such
cruisers.
The Senate bill contained a similar provision (sec.
1011).
The Senate recedes with an amendment that would prohibit
the retirement, preparation for retirement, inactivation, or
placement in storage of any Ticonderoga-class cruisers or
Whidbey Island-class amphibious ships, except to allow the
modernization and upgrades for those ships to continue in
accordance with section 1026 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113--291).
The conferees continue to support a cruiser modernization
plan consistent with the ``2-4-6'' plan that allows the
Secretary of the Navy to induct two cruisers per year into a
modernization period of up to four years with no more than six
cruisers in this prolonged modernization status at any one
time.
Subtitle D--Counterterrorism
Frequency of counterterrorism operations briefings (sec. 1031)
The House amendment contained a provision (sec. 1031)
that would amend section 485 of title 10, United States Code,
to require the Secretary of Defense to provide monthly
counterterrorism operations briefings to the congressional
defense committees.
The Senate bill contained no similar provision.
The Senate recedes.
Prohibition on use of funds for transfer or release of individuals
detained at United States Naval Station, Guantanamo Bay, Cuba
to the United States (sec. 1032)
The Senate bill contained a provision (sec. 1021) that
would extend until December 31, 2017, the prohibition on the
use of funds provided to the Department of Defense to transfer
or release individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to the United States.
The House amendment contained a similar provision (sec.
1032).
The Senate recedes.
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. 1033)
The Senate bill contained a provision (sec. 1022) that
would extend until December 31, 2017, the prohibition on the
use of funds provided to the Department of Defense to construct
or modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
The House amendment contained a similar provision (sec.
1033).
The Senate recedes.
Prohibition on use of funds for transfer or release to certain
countries of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba (sec. 1034)
The Senate bill contained a provision (sec. 1026) that
would extend until December 31, 2017, the prohibition on the
use of funds provided to the Department of Defense to transfer
or release individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to Libya, Somalia, Syria, or Yemen.
The House amendment contained a similar provision (sec.
1034).
The Senate recedes.
Prohibition on use of funds for realignment of forces at or closure of
United States Naval Station, Guantanamo Bay, Cuba. (sec. 1035)
The Senate bill contained a provision (sec. 1030) that
would extend until December 31, 2017, the prohibition on the
use of funds to close or abandon United States Naval Station,
Guantanamo Bay, Cuba, to relinquish control of Guantanamo Bay
to the Republic of Cuba, or 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.
The House amendment contained a similar provision (sec.
1035).
The Senate recedes.
Subtitle E--Miscellaneous Authorities and Limitations
Expanded authority for transportation by the Department of Defense of
non-Department of Defense personnel and cargo (sec. 1041)
The House amendment contained a provision (sec. 1041)
that would amend section 2649 of title 10, United States Code,
to expand the authority for transportation by the Department of
Defense of non-Department of Defense personnel and cargo as
well as allowing the Secretary of Defense the ability to 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.
The Senate bill contained no similar provision.
The Senate recedes.
Reduction in minimum number of Navy carrier air wings and carrier air
wing headquarters required to be maintained (sec. 1042)
The Senate bill contained a provision (sec. 1088) that
would amend section 5062 of title 10, United States Code, to
reduce the number of air wings required to be maintained and
fully staffed from 10 to 9.
The House amendment contained a similar provision (sec.
1072) that would require the Secretary of Defense to submit a
report to Congress on the impact of changes to the existing
carrier air wing force structure.
The House recedes with an amendment that would reduce the
minimum number of carrier air wings to be maintained to nine
until additional deployable aircraft carriers can fully support
a tenth carrier air wing, or October 1, 2025, whichever comes
first, at which time the Secretary of the Navy shall maintain a
minimum of ten carrier air wings.
Modification to support for non-Federal development and testing of
material for chemical agent defense (sec. 1043)
The House amendment contained a provision (sec. 1082)
that would modify subsection (d) and subsection (e) of section
1034 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181), to modify and extend, with a sunset
date of January 31, 2021, the ``Support for Non-Federal
Development and Testing of Material for Chemical Agent
Defense'' report to include reporting on any instance where the
Department provides biological select agents or toxins to a
non-Federal entity for development of biological defenses. This
amendment would supersede section 1080 of the Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92).
The Senate bill contained no similar provision.
The Senate recedes.
Protection of certain Federal spectrum operations (sec. 1044)
The House amendment contained a provision (sec. 1045)
that would amend section 1004 of the Bipartisan Budget Act of
2015 (Public Law 114-74; 47 U.S.C. 921 note) by adding
protections of certain Federal spectrum operations.
The Senate bill contained no similar provision.
The Senate recedes.
Prohibition on use of funds for retirement of legacy maritime mine
countermeasures platforms (sec. 1045)
The Senate bill contained a provision (sec. 1012) that
would prohibit funds from being used to retire, prepare to
retire, transfer, or place in storage any Avenger-class mine
countermeasures ship, MH-53 Sea Dragon helicopter, or
associated equipment, as well as make any reductions to the
manning levels of any Avenger-class mine countermeasures ship
or Sea Dragon squadron or detachment. The Secretary of the Navy
may waive this prohibition by making the prescribed
certification to the congressional defense committees.
The House amendment contained a similar provision (sec.
1042).
The House recedes.
Extension of authority of Secretary of Transportation to issue non-
premium aviation insurance (sec. 1046)
The House amendment contained a provision (sec. 1043)
that would amend Section 44310(b) of title 49, United States
Code, to extend the authority of the Secretary of
Transportation to provide aviation insurance and reinsurance
upon the request of another U.S. Government agency.
The Senate bill contained no similar provision.
The Senate recedes.
Evaluation of Navy alternate combination cover and unisex combination
cover (sec. 1047)
The House amendment contained a provision (sec. 1044)
that would change the Department of the Navy's mandatory wear
date of the alternate combination cover from October 31, 2016,
to October 31, 2020, and prohibit the Secretary of the Navy
from implementing any future changes or enforce any current
changes to female service dress uniforms until the Secretary
submits a report to the Committees on Armed Services of the
Senate and House of Representatives on the evaluation of the
Navy female service dress uniform.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment that would
remove the prohibition on the Secretary of the Navy to make
changes to uniforms, lower the delayed implementation of
existing changes from five to three years, and add a
requirement for the Secretary of the Navy to submit a report to
the Committees on Armed Services of the Senate and House of
Representatives no later than February 1, 2017, on the survey
results regarding the new covers or any other uniform changes.
Independent evaluation of Department of Defense excess property program
(sec. 1048)
The Senate bill contained a provision (sec. 1053) that
would amend section 2576a of title 10, United States Code to
modify the availability of defense items eligible for transfer
and notification requirements.
The House amendment contained a similar provision (sec.
1049) that would amend section 2576a of title 10, United States
Code to modify the preference for certain purposes for the
transfer of excess Department of Defense equipment to Federal
and State agencies.
The House recedes with an amendment that would require
the Secretary of Defense to enter into an agreement with a
federally funded research and development center, or another
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.
The conferees note that section 1051 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92) required the Secretary of Defense to enter into an
agreement with a federally funded research and development
center for the conduct of an assessment of the excess property
program, to include an evaluation of the policies and controls
governing the determination of the suitability of recipients of
controlled property transferred under the program and an
analysis of reported statistics on controlled property
transfers, and other related matters.
The conferees intend for the evaluation required in this
Act to be part of an ongoing review of the Department of
Defense excess property program.
Waiver of certain polygraph examination requirements (sec. 1049)
The House amendment contained a provision (sec. 1097)
that would authorize the Commissioner of U.S. Customs and
Border Protection to waive polygraph examination requirements
for certain veterans.
The Senate bill contained no similar provision.
The Senate recedes.
Use of transportation worker identification credential to gain access
at Department of Defense installations (sec. 1050)
The House amendment contained a provision (sec. 1098)
that would require the Secretary of Defense, to the maximum
extent practicable, to ensure that the Transportation Worker
Identification Credential (TWIC) be accepted as a valid
credential for unescorted access to Department of Defense
installations by transportation workers. The provision would
also exempt TWIC-carrying transportation workers with a current
secret clearance issued by the Department of Defense from
further vetting when seeking unescorted access to Department of
Defense facilities provided that installation access personnel
shall verify the person's security clearance in a timely
manner. The provision would also require the Secretary of
Defense to document and report each instance when a TWIC-
carrying transportation worker is denied access to a military
installation in designated locations, together with a reason
for such denial, and the amount of time the TWIC-carrying
person was required to wait for access. The report would be
required not later than 90 days after enactment of this Act and
annually until the Department completes fielding of Identity
Management Enterprise Services Architecture and electronic
access control systems are fielded.
The Senate bill included no similar provision.
The Senate recedes with an amendment that does not
include the reporting requirement in the House amendment.
Limitation on availability of funds for destruction of certain
landmines and briefing on development of replacement anti-
personnel landmine munitions (sec. 1051)
The House amendment contained a provision that would
limit the funds available for the destruction of anti-personnel
landmine munitions until the Secretary of Defense submits to
Congress a report on the assessment of the current state of
research into operational alternatives to anti-personnel
landmines.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would limit the
funds available for the destruction of anti-personnel landmines
until the Secretary of Defense submits to Congress the report
required by section 1058 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92), instead of a new
report. The amendment would also require a briefing on the
current state of research and development into operational
alternatives to anti-personnel landmines.
Transition of Air Force to operation of remotely piloted aircraft by
enlisted personnel (sec. 1052)
The Senate bill contained a provision (Sec. 1046) that
would require the Air Force, by September 30, 2019, to
transition all remotely piloted aircraft (RPA) operations to an
organizational model that uses enlisted personnel for the
preponderance of RPA operators.
The House amendment contained no similar provision.
The House recedes with an amendment that changes
``preponderance'' to ``a significant number of enlisted
personnel,'' changes the required transition date to September
30, 2020, for the active duty component, and adds September 30,
2023, as the required date for transition by the Air Force
Reserve and Air National Guard. The amendment also includes
other minor technical corrections.
Prohibition on divestment of Marine Corps Search and Rescue Units (sec.
1053)
The Senate bill contained a provision (sec. 1047) that
does not authorize appropriated amounts to retire, prepare to
retire, transfer or place in storage any Marine Corps Search
and Rescue Unit or to make any changes to manning levels to the
same.
The House amendment contained no similar provision.
The House recedes.
Support for the Associate Director of Central Intelligence for Military
Affairs (sec. 1054)
The Senate bill contained a provision (sec. 1049) that
would direct the Secretary of Defense and the Under Secretary
of Defense for Intelligence to ensure that the Associate
Director for Military Affairs of the Central Intelligence
Agency (ADMA) has access to, and support from, offices,
agencies, and programs of the Department necessary for the ADMA
to achieve its intended function.
The House amendment contained no similar provision.
The House recedes with amendments that clarify that the
intent of the provision is to encourage effective use of the
position, and to remove a requirement that any officer
nominated to the position have significant interaction with the
CIA within the five years prior to appointment. The conferees
learned that such a requirement might impede--rather than
encourage--nominees from outside of the special operations
community. Therefore, the conferees believe that the
relationship between the CIA and the Department's conventional
forces should be encouraged, especially given the evolving and
complex global threats faced by the United States.
Notification on the provision of defense sensitive support (sec. 1055)
The Senate bill contained a provision (sec. 1052) that
would require the Secretary of Defense, prior to the provision
of defense sensitive support to non-Department of Defense
departments and agencies, to determine and notify the
congressional defense committees that the support does not
interfere with the mission and functions of the Department, or
if it does so interfere, that it is in the national security
interest of the United States.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Prohibition on enforcement of military commission rulings preventing
members of the Armed Forces from carrying out otherwise lawful
duties based on member sex (sec. 1056)
The Senate bill contained a provision (sec. 535) that
would prohibit a military commission established under chapter
47A of title 10, United States Code, from acting by order,
ruling, finding, or otherwise that a member of the Armed Forces
may not perform duties otherwise lawfully assigned if the
prohibition is based solely on the gender of the servicemember.
The provision would also vacate any such order issued before
the date of enactment of this Act.
The House amendment contained a similar provision (sec.
1039).
The House recedes with an amendment that would prohibit
any order or other determination of a military commission that
would restrict a member of the Armed Forces from carrying out
otherwise lawfully assigned duties where the basis for such
prohibition or restriction is the sex of the member. Upon
enactment, the rule of prohibition established under this
provision would apply to a military commission upon a motion to
reconsider any such determination that was issued prior to
enactment of this Act.
Congressional notification requirements for sensitive military
operations (sec. 1057)
The Senate bill contained a provision (sec. 1044) that
would amend section 130f in title 10, United States Code.
The House amendment contained a similar provision (sec.
1036).
The Senate recedes with clarifying amendment.
Subtitle F--Studies and Reports
Temporary continuation of certain Department of Defense reporting
requirements (sec. 1061)
The Senate bill contained a provision (sec. 1082) that
would repeal the requirements for several reports that are
mandated by an annual National Defense Authorization Act and by
other public laws.
The Senate bill also contained a provision (sec. 1083)
that would repeal several requirements for the Department of
Defense to provide reports that have been added by an annual
National Defense Authorization Act.
The House amendment contained a similar provision (1061)
that would repeal several reporting requirements as well.
The Senate recedes with an amendment that would provide
for the repeal of those reporting requirements agreed to by
both the House and Senate as listed in the final bill.
Reports on programs managed under alternative compensatory control
measures in the Department of Defense (sec. 1062)
The Senate bill contained a provision (sec. 1080) that
would require the Department of Defense (DOD) to provide
certain reports and notifications regarding programs that DOD
manages under alternative compensatory control measures (ACCM).
The House amendment contained no similar provision.
The House recedes.
The Department of Defense typically uses the ACCM system
to manage programs of lesser sensitivity or programs with a
less enduring life than the programs that it manages under
special access (SAP) program channels. The conferees believe
that DOD needs to provide more rigorous oversight of and
reporting on ACCM programs to the congressional defense
committees. Despite several directions from Congress to the DOD
to produce better information and inventories of these
programs, DOD has failed to do so. Therefore, the conferees see
no alternative but to include legislation on the matter, and
note that failure to use and report ACCMs accordingly will
jeopardize future reauthorizations.
Matters for inclusion in report on designation of countries for which
rewards may be paid under Department of Defense rewards program
(sec. 1063)
The House amendment contained a provision (sec. 1062)
that would modify section 127b(h) of title 10, United States
Code, relating to the Department of Defense rewards program.
The Senate bill contained no similar provision.
The Senate recedes.
Annual reports on unfunded priorities of the Armed Forces and the
combatant commands and annual report on combatant command
requirements (sec. 1064)
The Senate bill contained a provision (sec. 1076) that
would require the Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the
Marine Corps, and commanders of the combatant commands (COCOM)
to submit to the Secretary of Defense, Chairman of the Joint
Chiefs of Staff, and congressional defense committees a report
on the unfunded priorities no later than 25 days after the date
on which the President submits the annual budget request.
The House amendment contained no similar provision.
The House recedes with a technical amendment that would
change the due date for the report from 25 days to 10 days
after the budget request is submitted to Congress and amends
section 153(c)(1) of title 10, United States Code to require
the Chairman of the Joint Chiefs of Staff to submit an annual
report on COCOM requirements no later than 25 days after the
date on which the President submits the budget request to
Congress.
The conferees note that the COCOM commanders can satisfy
the requirement regarding unfunded priorities, as set forth by
this provision through their submission of the integrated
priority lists (IPL), provided that the IPLs contain sufficient
detail on the commands' requirements shortfalls and any
relevant or appropriate funding recommendations.
Management and reviews of electromagnetic spectrum (sec. 1065)
The House amendment contained a provision (sec. 1068)
that would direct the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff to conduct a comprehensive review of
all uses by the Department of Defense of spectrum.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend 10
U.S.C. 488 by directing the Secretary of Defense to ensure the
effective organization and management of electromagnetic
spectrum used by the Department of Defense and establish an
enduring review process that considers all requirements
relating to such spectrum and ensures that all uses of such
spectrum, regardless of the classification of such uses, are
involved in the decision-making process of the Department
concerning the potential sharing, reassigning, or relocating of
such spectrum, of the relocation of the uses by the Department
of such spectrum.
Requirement for notice and reporting to Committees on Armed Services of
certain expenditures of funds by Defense Intelligence Agency
(sec. 1066)
The Senate bill contained a provision (sec. 1081) that
would add the Armed Services Committees of the Senate and the
House of Representatives to a reporting requirement under 50
U.S.C. 3038(c) that allows the Defense Intelligence Agency to
use a percentage of its funds without regard to the provisions
of law or regulation relating to the expenditure of U.S.
government funds.
The House amendment contained no similar provision.
The House recedes.
Congressional notification of biological select agent and toxin theft,
loss, or release involving the Department of Defense (sec.
1067)
The House amendment contained a provision (sec. 1063)
that would direct the Secretary of Defense to provide
notification to the congressional defense committees within 15
days of notifying the Centers for Disease Control and
Prevention and/or the Animal and Plant Health Inspection
Service of any theft, loss, or release of biological select
agents or toxins.
The Senate bill contained no similar provision.
The Senate recedes.
Report on service-provided support and enabling capabilities to United
States special operations forces (sec. 1068)
The House amendment contained a provision (sec. 1064)
that would require the Secretary of Defense to submit to the
congressional defense committees not later than 180 days after
enactment of this Act on support contributed from each of the
military services towards special operations forces for each of
the fiscal years 2018 through 2020.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on citizen security responsibilities in the Northern Triangle of
Central America (sec. 1069)
The House amendment contained a provision (sec. 1065)
that would require the Secretary of Defense and the Secretary
of State to jointly submit a report to specified congressional
committees not later than 180 days after enactment of this Act
on the military units that have been assigned to policing or
citizen security responsibilities in the Republic of Guatemala,
the Republic of Honduras, and the Republic of El Salvador.
The Senate bill contained no similar provision.
The Senate recedes.
Report on counterproliferation activities and programs (sec. 1070)
The House amendment contained a provision (sec. 1066)
that would require the Secretary of Defense to submit to the
congressional defense committees a report on the
counterproliferation activities and programs of the Department
of Defense.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
single report no later than July 1, 2017.
Report on testing and integration of minehunting sonar systems to
improve Littoral Combat Ship minehunting capabilities (sec.
1071)
The House amendment contained a provision (sec. 1071)
that would require a report on testing and integration of
minehunting sonar systems to improve Littoral Combat Ship
minehunting capabilities.
The Senate bill contained no similar provision.
The Senate recedes.
Quarterly reports on parachute jumps conducted at Fort Bragg and Pope
Army Airfield and Air Force support for such jumps (sec. 1072)
The House amendment contained a provision (Sec. 1073)
that would direct the Secretary of the Air Force and the
Secretary of the Army to submit to the Committees on Armed
Services of the House of Representatives and the Senate
quarterly reports that contain information regarding parachute
drop requirements for the XVIII Airborne Corps, the 82nd
Airborne Division, and the United States Army Special
Operations Command.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that adjusts the end
date of the reporting period and clarifies the elements
required in the reports.
Study on military helicopter noise (sec. 1073)
The House amendment contained a provision (Sec. 1098D)
that would require the Secretary of Defense, in coordination
with the Administrator of the Federal Aviation Administration
to conduct a study on the effects of and provide
recommendations for the reduction of military helicopter noise
on the National Capital Region.
The Senate bill contained no similar provision.
The Senate recedes.
Independent review of United States military strategy and force posture
in the United States Pacific Command area of responsibility
(sec. 1074)
The Senate bill contained a provision (sec. 1042) that
would require an independent review of United States military
strategy and force posture in the United States Pacific Command
area of responsibility be submit to Congress beginning in 2018
and recurring every four years thereafter.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
one independent review to be completed by September 1, 2018.
Assessment of the joint ground forces of the Armed Forces (sec. 1075)
The Senate bill contained a provision (Sec. 1077) that
would require the Secretary of Defense and Chairman of the
Joint Chiefs of Staff to oversee a comprehensive assessment of
the joint ground forces and provide a report on the
assessment's findings no later than one year after the
enactment of this act.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
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, to oversee an assessment of
the joint ground forces of the Armed Forces, and provide a
report on the assessment's findings to the Committees on Armed
Services of the Senate and the House of Representatives not
later than one year after the enactment of this Act. The report
shall include an assessment by 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
Technical and clerical amendments (sec. 1081)
The Senate bill contained a provision (sec. 1058) that
would make technical and clerical corrections to title 10,
United States Code, and various National Defense Authorization
Acts.
The House amendment contained a similar provision (sec.
1081).
The Senate recedes with an amendment making additional
technical and clerical amendments.
Increase in maximum amount available for equipment, services, and
supplies provided for humanitarian demining assistance (sec.
1082)
The House amendment contained a provision (sec. 1083)
that would raise the monetary cap in section 407 of title 10,
United States Code, for the cost of equipment, services, and
supplies for humanitarian demining assistance and stockpiled
conventional munitions assistance provided by the Department of
Defense, from $10.0 million to $15.0 million in any fiscal
year.
The Senate bill contained no similar provision.
The Senate recedes.
Liquidation of unpaid credits accrued as a result of transactions under
a cross-servicing agreement (sec. 1083)
The House amendment contained a provision (sec. 1084)
that would amend section 2345 of title 10, United States Code,
to provide the Secretary of Defense with the discretionary
authority to liquidate unpaid debts owed to the United States
by a foreign government or international organization as a
result of the Department of Defense providing logistic support,
supplies, or services to that foreign government or
international organization.
The Senate bill contained no similar provision.
The Senate recedes.
Modification of requirements relating to management of military
technicians (sec. 1084)
The House amendment contained a provision (sec. 1088)
that would delay the implementation date of section 1053 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92) until October 1, 2017 and align the date of
conversion for military technicians (non-dual status) with
military technicians (dual status).
The Senate bill contained a similar provision (sec.
1048).
The Senate recedes with an amendment that would clarify
that the Secretary of Defense will continue to play a role in
the conversion of positions.
Streamlining of the National Security Council (sec. 1085)
The Senate bill contained a provision (sec. 1089) that
would streamline the statutory requirements for the National
Security Council (NSC) and limit the size of the NSC's
professional staff to 150, to include detailees and assignees
from other agencies and Departments and contractors.
The House amendment contained a similar provision (sec.
926).
The House recedes with an amendment to increase the cap
to 200 professional personnel, to include a transition period
for the personnel cap of 18 months, and to make other technical
changes.
National biodefense strategy (sec. 1086)
The House amendment contained a provision (sec. 1086)
that would require the Secretary of Defense, the Secretary of
Health and Human Services, the Secretary of Homeland Security,
and the Secretary of Agriculture to jointly develop and submit
to the appropriate congressional committees, within 275 days
after the date of the enactment of this Act, a national bio
defense strategy and implementation plan. This section would
also require the Secretary of Defense, the Secretary of Health
and Human Services, the Secretary of Homeland Security, and the
Secretary of Agriculture to provide a joint briefing to the
appropriate congressional committees annually, starting March
1, 2017, and ending March 1, 2019, on the strategy and status
of its implementation. This section would also require the
Comptroller General of the United States to submit a report to
the appropriate congressional committees, within 180 days of
submission of the national biodefense strategy, on a gap
analysis of the national biodefense strategy and its
implementation plan.
The Senate bill contained no similar provision.
The Senate recedes.
Global Cultural Knowledge Network (sec. 1087)
The House amendment contained a provision (Sec. 1087)
that would require the Secretary of the Army to support the
socio-cultural understanding needs of the Department of the
Army, to be known as the Global Cultural Knowledge Network.
The Senate bill contained no similar provision.
The Senate recedes with amendment.
Sense of Congress regarding Connecticut's Submarine Century (sec. 1088)
The House amendment contained a provision (sec. 1089)
that would express the sense of Congress commending the
dedication and contributions of the people of Connecticut to
the Navy and the submarine force.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Sense of Congress regarding the reporting of the MV-22 mishap in
Marana, Arizona, on April 8, 2000 (sec. 1089)
The House amendment contained a provision (Sec. 1091)
that would state that the Deputy Secretary of Defense did an
excellent job reviewing the investigation of this mishap.
The Senate bill contained no similar provision.
The Senate recedes.
Cost of wars (sec. 1090)
The House amendment contained a provision (sec. 1098G)
that would require the Secretary of Defense, in consultation
with the Commissioner of the Internal Revenue Service and the
Director of the Bureau of Economic Analysis, to post the costs,
including legacy costs, to the American taxpayers of the wars
in Afghanistan, Iraq, and Syria.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove
the requirement to provide the legacy costs of the wars.
Reconnaissance Strike Group matters (sec. 1091)
The Senate bill contained a provision (sec. 1045) that
would require the Secretary of Defense and Chairman of the
Joint Chiefs of Staff to oversee the modeling of an alternative
Army design and operational concept for the Reconnaissance
Strike Group (RSG), and require a report no later than one year
after the enactment of this Act that explicitly addresses the
value of a follow-on pilot program to test further any
promising alternative force designs and concept of operation.
The provision would also require the Secretary of Defense to
direct an appropriate combatant commander to establish an
office for the testing, evaluation, development and validation
of the RSG's joint warfighting concepts, required platforms and
structure.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Chairman of the Joint Chiefs of Staff and the Chief of
Staff of the Army, in consultation with the Commanding General,
U.S. European Command, to each conduct a separate analysis of
RSG organizational design and operational concepts and provide
a report to the Committees on Armed Services of the Senate and
House of Representatives on the results of these analysis. The
amendment would also require a Federally Funded Research and
Development Center or 501(c)(3) to review and evaluate the
reports.
Border security metrics (sec. 1092)
The Senate bill contained a provision (sec. 1091) that
would require the Secretary of Homeland Security to develop
metrics to measure the effectiveness of security at ports of
entry, between ports of entry, and in the maritime environment
not later than 120 days after the enactment of this Act.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Program to commemorate the 100th anniversary of the Tomb of the Unknown
Soldier (sec. 1093)
The Senate bill contained a provision (sec. 1094) that
would require the Secretary of Defense to conduct a program to
commemorate the 100th anniversary of the Tomb of the Unknown
Soldier.
The House amendment contained no similar provision.
The House recedes.
Sense of Congress regarding the OCONUS basing of the KC-46A aircraft
(sec. 1094)
The Senate bill contained a provision (Sec. 1095) that
would express the sense of the Congress regarding the basing of
KC-46A tanker aircraft outside of the continental United
States.
The House amendment contained no similar provision.
The House recedes.
Designation of a Department of Defense Strategic Arctic Port (sec.
1095)
The Senate bill contained a provision (sec. 1043) that
would require not later than 180 days after enactment of this
Act, 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
the Coast Guard, and the Administrator of the Maritime
Administration, to submit a report to the congressional defense
committees assessing the future security requirements for one
or more strategic ports in the Arctic. The provision would
further require the Secretary to establish designation criteria
for a Department of Defense ``Strategic Arctic Port'' and
submit recommendations for the designation of one or more such
ports, including estimated costs for sufficient construction to
initiate and sustain expected operations.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Recovery of Excess Rifles, Ammunition, and Parts Granted to Foreign
Countries and Transfer to Certain Persons (sec. 1096)
The Senate bill contained a provision (sec. 1056) that
would authorize the Secretary of the Army to acquire from any
person any rifle, ammunition, repair parts, or other supplies
provided to any country on a grant basis under the conditions
imposed by section 505 of the Foreign Assistance Act of 1961
and have become excess to the needs of such country. The
Secretary of the Army may not acquire items if the United
States would incur any cost for such acquisition. Rifles,
ammunition, repair parts, or supplies shall be available for
transfer to persons who are licensed manufacturers, importers,
or dealers pursuant to section 923(a) of title 18 or uses an
Army ammunition depot.
The House amendment contained a similar provision (sec.
1098K)
The Senate recedes with an amendment that would allow the
Secretary of the Army to recover items so long as the Army
receives fair market value and the items are transferred in
accordance with the Arms Export Control Act. The Secretary of
the Army is directed to provide a report, not later than 180
days after the enactment of the Act, to the Committees on Armed
Services of the Senate and House of Representatives, the
Committee on Foreign Relations of the Senate, and the Committee
on Foreign Affairs of the House of Representatives, on the
acquisition and transfer of excess rifles, ammunition, repair
parts, other supplies eligible for transfer.
Legislative Provisions Not Adopted
Delegation to Chairman of Joint Chiefs of Staff of authority to direct
transfer of forces
The Senate bill contained a provision (sec. 922) that
would amend section 113 of title 10, United States Code, to
allow the Secretary of Defense to delegate some authority to
the Chairman of the Joint Chiefs of Staff for the worldwide
reallocation of limited military assets on a short-term basis,
consistent with the Secretary's policy guidance and the
national defense strategy.
The House amendment contained no similar provision.
The Senate recedes.
Management of Defense clandestine human intelligence collection
The Senate bill contained a provision (sec. 945) that
would require the Secretary of Defense, in coordination with
the Director of National Intelligence, to carry out a pilot
program to assess the feasibility and advisability of
establishing a military division within the Directorate of
Operations of the Central Intelligence Agency.
The House amendment contained no similar provision.
The Senate recedes.
Extension of authority to provide additional support for counter-drug
activities of foreign governments
The House amendment contained a provision (sec. 1011)
that would amend section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85), as
most recently amended by section 1012 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92), by
extending the authority to provide additional support for
counter-drug activities of foreign governments to September 30,
2019.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that elsewhere in this Act is a
provision that would consolidate multiple authorities to build
the capacity of friendly foreign nations to conduct specified
operations, to include counter-drug and counter-transnational
organized crime operations. The conferees intend for activities
conducted to date under section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85), as
most recently amended by section 1012 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) to
be conducted under the new building partnership capacity
authority.
Funding for counter narcotics operations
The House amendment contained a provision (sec. 1015)
that would increase the amount authorized to be appropriated
for drug interdiction and counterdrug activities by $3 million.
The Senate bill contained no similar provision.
The House recedes.
Report on efforts of United States Southern Command to detect and
monitor drug trafficking
The House amendment contained a provision (sec. 1016)
that would require the Secretary of Defense to submit to
Congress a report on the effectiveness of efforts by United
States Southern Command to limit threats to the national
security of the United States by detecting and monitoring drug
trafficking, specifically heroin and fentanyl.
The Senate bill contained no similar provision.
The House recedes.
The conferees remain concerned about the trafficking of
illicit drugs into the United States, particularly heroin and
fentanyl, and the devastating impact these substances are
having on communities. The conferees urge the Department of
Defense, in coordination with the interagency, to continue
efforts to combat the flow of drugs into the United States.
Prohibition on reprogramming requests for funds for transfer or
release, or construction for transfer or release, of
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba
The Senate bill contained a provision (sec. 1022A) that
would prohibit the Department of Defense from submitting
reprogramming requests to Congress for funds for transfer or
release, or construction for transfer or release, of
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba.
The House amendment contained no similar provision.
The Senate recedes.
Designing and planning related to construction of certain facilities in
the United States
The Senate bill contained a provision (sec. 1023) that
would authorize the Secretary of Defense to use amounts
authorized to be appropriated for the Department of Defense for
designing and planning related to the construction or
modification of facilities in the United States to house
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba.
The House amendment contained no similar provision.
The Senate recedes.
Authority to transfer individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States temporarily
for emergency or critical medical treatment
The Senate bill contained a provision (sec. 1024) that
would authorize the temporary transfer of individuals detained
at United States Naval Station, Guantanamo Bay, Cuba to the
United States for necessary medical treatment that is not
available at Guantanamo.
The House amendment contained no similar provision.
The Senate recedes.
Authority for Article III judges to take certain actions relating to
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba
The Senate bill contained a provision (sec. 1025) that
would authorize a judge of the United States District Court to
have jurisdiction to use video teleconferencing to arraign,
accept a plea to a charge from, and enter a judgment of
conviction and sentencing against individuals held at United
States Naval Station, Guantanamo Bay, Cuba.
The House amendment contained no similar provision.
The Senate recedes.
Requirement for Memorandum of Understanding Regarding Transfer of
Detainees
The Senate bill contained a provision (sec. 1027) that
would require any certification by the Secretary of Defense
provided pursuant to Section 1034(b) of the National Defense
Authorization Act of Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 801 note) to include a requirement that the United
States and the foreign government of transfer have entered into
a written memorandum of understanding regarding the transfer of
the individual and the memorandum of understanding has been
provided to the appropriate congressional committees.
The House amendment contained a similar provision (sec.
1098B).
The conference agreement does not contain this provision.
Limitation on transfer of detainees at United States Naval Station,
Guantanamo Bay, Cuba, pending a report on their terrorist
actions and affiliations
The Senate bill contained a provision (sec. 1028) that
would require, prior to transferring any individual detained at
United States Naval Station, Guantanamo Bay, Cuba to any
foreign government or entity, that the Secretary of Defense
submit to appropriate committees of Congress a report on the
individuals' previous terrorist activities.
The House amendment contained no similar provision.
The Senate recedes.
Prohibition on use of funds for transfer or release of individuals
detained at United States Naval Station, Guantanamo Bay, Cuba,
to countries covered by Department of State travel warnings
The Senate bill contained a provision (sec. 1029) that
would prohibit the use of funds to transfer any individual held
at United States Naval Station, Guantanamo Bay, Cuba, to a
foreign country that is the subject of a State Department
travel warning with certain exceptions.
The House amendment contained no similar provision.
The Senate recedes.
Restrictions on the overhaul and repair of vessels in foreign shipyards
The House amendment contained a provision (sec. 1025)
that would amend section 7310(b)(1) of title 10, United States
Code, to prohibit the Department of the Navy from performing
any overhaul, repair, or maintenance work that takes longer
than six months in foreign shipyards.
The Senate bill contained no similar provision.
The House recedes.
Restrictions on use of rocket engines from the Russian Federation for
space launch of national security satellites
The Senate bill contained a provision (sec. 1036) that
would prohibit the Secretary of Defense from launching any
national security satellite with a launch vehicle requiring a
rocket engine designed or manufactured in the Russian
Federation.
The House amendment contained no similar provision.
The Senate recedes.
Limitations on use of rocket engines from the Russian Federation to
achieve assured access to space
The Senate bill contained a provision (sec. 1037) that
would amend section 2273(b) of title 10, United States Code, to
require that assured access to space be achieved without the
use of rocket engines designed or manufactured in the Russian
Federation.
The House amendment contained no similar provision.
The Senate recedes.
Transportation on military aircraft on a space-available basis for
members and former members of the Armed Forces with
disabilities rated as total
The House amendment contained a provision (sec. 1046)
that would amend section 2641b of title 10, United States Code,
to authorize space-available travel for disabled veterans with
a service-connected, permanent disability rated as total by the
Department of Defense.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit
to the Committees on Armed Services of the Senate and the House
of Representatives, by not later than March 1, 2017, a report
clarifying the retirement and benefit eligibility status of
certain disabled veterans. The report will identify with
particularity any differences in the ``retired'' status, or
benefit eligibility status, for servicemembers who otherwise
meet the current statutory standards for disability retirement,
but who may not be retired owing to the timing of the enactment
of disability retirement changes, particularly the enactment of
sections 534 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201) and 513 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85) which redefined disability and retirement eligibility under
section 1204 of title 10, United States Code. The conferees are
aware that at least in some cases, veterans may have been
separated for disability who now meet disability retirement
eligibility.
The report shall describe all available processes or
procedures by which a veteran who believes they should be
designated as ``retired'' may seek redesignation by appeal to
the boards for correction of military or naval records or
through some other process. Finally, the Secretary of Defense
will identify the number of individuals who may be eligible for
redesignation under the processes or procedures so identified.
The conferees are committed to ensuring every veteran is
afforded all the rights and benefits to which they are entitled
under the law, especially those who are disabled with a
service-connected, permanent disability.
National Guard flyovers of public events
The House amendment contained a provision (sec. 1047)
that would prohibit all National Guard flyovers of public
events in support of community relations activities unless
flown as part of an approved training mission.
The Senate bill contained no similar provision.
The House recedes.
Application of Freedom of Information Act to the National Security
Council
The House amendment contained a provision (sec. 1048)
that would apply the Freedom of Information Act (5 U.S.C. 552)
to the National Security Council in certain circumstances.
The Senate bill contained no similar provision.
The House recedes.
Exemption of information on military tactics, techniques, and
procedures from release under Freedom of Information Act
The Senate bill contained a provision (sec. 1054) that
would amend section 130e of title 10, United States Code, to
authorize the Secretary of Defense to exempt information
related to military tactics, techniques, and procedures from
public disclosure if the information could reasonably be
expected to risk impairment of the effective operation of the
Department of Defense by providing an advantage to an adversary
or potential adversary, and the public interest consideration
in the disclosure of such information does not outweigh
preventing the disclosure of such information.
The House amendment contained no similar provision.
The Senate recedes.
Annual report on personnel, training, and equipment requirements for
the non-federalized National Guard to support civilian
authorities in prevention and response to domestic disasters
The House amendment contained a provision (sec. 1069)
that would modify the reporting requirement of section 10504 of
title 10, United States Code, to include a report on non-
federalized National Guard personnel, training, and equipment
requirements.
The Senate bill contained no similar provision.
The House recedes.
Briefing on criteria for determining locations of Air Force
Installation and Mission Support Center headquarters
The House amendment contained a provision (sec. 1070)
that would require the Secretary of the Air Force to brief the
congressional defense committees on the Air Force's process and
reasoning for using proximity to primary medium commercial hub
airports as part of the mission criteria for the Air Force
Installation and Mission Support Center headquarters strategic
basing process.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of the Air Force to
provide the congressional defense committees with a briefing by
March 1, 2017 on the criteria used for determining locations of
Air Force Installation and Mission Support Center headquarters,
specifically the reasoning for using proximity to primary
medium commercial hub airports as part of the mission criteria.
Briefing on real property inventory
The House amendment contained a provision (sec. 1074)
that would require the Secretary of Defense to brief the
Committee on Armed Services of the House of Representatives on
the status of the Installation Geospatial Information Services
of the Department of Defense as it relates to the real property
inventory of the Department.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide
a briefing by March 1, 2017 on the status of the Installation
Geospatial Information Services of the Department of Defense as
it relates to the real property inventory of the Department.
Report on adjustment and diversification assistance
The House amendment contained a provision (sec. 1075)
that would require the Secretary of Defense to provide a
briefing on the adjustment and diversification assistance
authorized by subsections (b) and (c) of section 2391 of title
10, United States Code.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide
to the Committee on Armed Services of the House of
Representatives a briefing on the adjustment and
diversification assistance authorized by subsections (b) and
(c) of section 2391 of title 10, United States Code. Such
briefing shall be provided not later than 90 days after the
date of the enactment of this Act and shall include each of the
following:
(1) A description of the activities and programs
currently being conducted under subsections (b)(1) and (c) of
such section, including a list of the recipients of grants, and
amount received by each recipient, of such activities and
programs in each of the five most recent fiscal years.
(2) For each of the five fiscal years preceding the
fiscal year during which the briefing is conducted, separate
estimates of the funding the Department of Defense has directed
to activities under each of clauses (A) through (E) of
paragraph (1) of subsection (b) and under subsection (c) of
such section and the recipients of such funding.
Briefing on the protection of personally identifying information of
members of the Armed Forces
The House amendment contained a provision (sec. 1076)
that would require the Secretary of Defense to provide the
congressional defense committees a briefing on the efforts of
the Department of Defense to protect the personally
identifiable information of members of the Armed Forces and
their families.
The Senate bill contained no similar provision.
The House recedes.
The conferees are concerned about the impact of recent,
significant disclosures of personally identifiable information
of service members, government civilians and their families as
a result of lax information security practices at the Office of
Personnel Management. Coupled with similar breeches occurring
in the private sector that have resulted in sensitive personal
information, including credit information and medical records,
being released to unknown parties, the conferees recognize that
such breaches have the potential to jeopardize both the
financial security as well as the physical security of these
individuals. The conferees urge the Department of Defense to
continue to strengthen ongoing initiatives and to develop and
implement new initiatives to protect the personally
identifiable information of members of the Armed Forces,
government civilians, and their families. Further, the
conferees expect the Department to keep the Committees on Armed
Services of the Senate and the House of Representatives
informed of any challenges associated with these initiatives,
as well as any trends related to fraudulent or suspicious
activity that targets the personally identifiable information
of members of the Armed Forces, government civilians, and their
families.
Report on priorities for bed downs, basing criteria, and special
mission units for C-130J aircraft of the Air Force
The Senate bill contained a provision (Sec. 1085) that
would direct the Secretary of the Air Force to submit a report
to the congressional defense committees on the overall
prioritization, bed downs, basing criteria, and unit conversion
priorities for C-130J aircraft and special mission units of the
Air Force Reserve Command, Air National Guard, and the regular
Air Force.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of the Air Force, not
later than February 1, 2017, to submit to the congressional
defense committees a report on the following:
(1) The overall prioritization scheme of the Air Force
for future C-130J aircraft unit bed downs;
(2) The strategic basing criteria of the Air Force for C-
130J aircraft unit conversions;
(3) The unit conversion priorities for special mission
units of the Air Force Reserve Command, the Air National Guard,
and the regular Air Force, and the manner which considerations
such as age of airframes factor into such priorities; and,
(4) Such other information relating to C-130J aircraft
unit conversions and bed downs as the Secretary considers
appropriate.
Clarification of contracts covered by airlift service provision
The House amendment contained a provision (sec. 1085)
that would amend section 9516 of title 10, United States Code,
to define ``contract for airlift service'' to include any
contract or subcontract that may be utilized in the performance
of airlift service or transportation services.
The Senate bill contained no similar provision.
The House recedes.
LNG permitting certainty and transparency
The House amendment contained a provision (sec. 1090)
that would require the Department of Energy to issue a final
decision on any application for the authorization to export
natural gas not later than 30 days after completing an
environmental review or the date of enactment of this Act.
The Senate bill contained no similar provision.
The House recedes.
Transfer of surplus firearms to Corporation for the Promotion of Rifle
Practice and Firearms Safety
The House amendment contained a provision (sec. 1092)
that would amend section 40728(h) of title 26, United States
Code, by changing the authority of the Secretary of the Army
from permissive to directive and striking the limitation of
10,000 .45 caliber M1911/M1911A1 pistols.
The Senate bill contained no similar provision.
The House recedes.
Sense of Congress regarding the importance of Panama City, Florida, to
the history and future of the Armed Forces
The House amendment contained a provision (sec. 1093)
that would express the Sense of Congress on the role of Panama
City, Florida to the Armed Forces of the United States.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that Panama City, Florida has long
played an important role in the development and support of the
United States armed forces.
Protection against misuse of Naval Special Warfare Command insignia
The Senate bill contained a provision (sec. 1093) that
would add a new section 7882 to title 10, United States Code,
to prohibit a person from using any covered Naval Special
Warfare insignia in connection with any promotion, service or
other commercial activity when a particular use would be likely
to suggest a false affiliation, connection, or association
with, endorsement by, or approval of, the United States, the
Department of Defense, or the Department of the Navy, and to
authorize the Attorney General to initiate civil proceedings to
prevent unauthorized use of such insignia.
The House amendment contained no similar provision.
The Senate recedes.
Protections relating to civil rights and disabilities
The House amendment contained a provision (sec. 1094)
that would require any branch or agency of the federal
government to provide the protection and exemptions consistent
with sections 702(a) and 703(e)(2) of the Civil Rights Act of
1964 (sections 2000e-1(a) and 2000e-2(e) of title 42, United
States Code) and section 103(d) of the Americans with
Disabilities Act of 1990 (section 12113(d) of title 42, United
States Code) with respect to any religious corporation,
religious association, religious educational institution, or
religious society that is a recipient of or offeror for a
federal government contract, grant or similar arrangement.
The Senate bill contained no similar provision.
The House recedes.
Determination and disclosure of transportation costs incurred by
Secretary of Defense for congressional trips outside the United
States
The House amendment contained a provision (sec. 1096)
that would require the Secretary of Defense to determine and
disclose the transportation costs incurred by the Department of
Defense for certain congressional trips outside the United
States.
The Senate bill contained no similar provision.
The House recedes.
The conferees continue to support public disclosure of
official travel by Members, officers, and employees of the
Senate and the House of Representatives. To this end, the
conferees note that section 1754(b) of title 22, United States
Code, contains reporting and disclosure requirements for
congressional travel outside the United States, including a
requirement for reports to be open to public inspection and
published in the Congressional Record. The conferees recognize
that there are circumstances under which transportation
provided by the Department of Defense best meets the needs of
congressional delegations, ranging from protecting the safety
and security of the delegations, expediency, and accessing
destinations that have little or no commercial air service. The
conferees further note that the Committees on Armed Services of
the Senate and the House of Representatives each maintain
policies and processes to provide further oversight of travel
requests by members and employees of the committees.
Sense of Congress regarding American veterans disabled for life
The House amendment contained a provision (sec. 1098C)
that would express the sense of Congress regarding American
veterans disabled for life.
The Senate bill contained no similar provision.
The House recedes.
Maritime Occupational Safety and Health Advisory Committee
The House amendment contained a provision (sec. 1098E)
that would establish a Maritime Occupational Safety and Health
Advisory Committee.
The Senate bill contained no similar provision.
The House recedes.
Sense of Congress regarding United States Northern Command Preparedness
The House amendment contained a provision (sec. 1098F)
that would express the sense of the Congress related to the
preparedness of United States Northern Command.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the important role of United States
Northern Command in domestic disaster relief and consequence
management operations. The conferees encourage United States
Northern Command to build on current efforts and leverage,
where possible, existing training and management expertise
within the Department and other available resources to support
this important mission.
Workforce issues for relocation of marines to Guam
The House amendment contained a provision (sec. 1098H)
that would grant the U.S. Citizenship Immigration Services
flexibility to approve H-2B visa application renewals for
contractors performing work on Guam for the duration of the
construction plans supporting the realignment of U.S. Marines
to Guam.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of the Navy to submit
a report to the Committees on Armed Services of the Senate and
the House of Representatives and the Committees on the
Judiciary of the Senate and the House of Representatives no
later than April 1, 2017, regarding the impacts the current H-
2B visa program and renewal process have on the relocation of
U.S. Marine forces to Guam. At minimum, the report should
include the following elements:
(1) A description of the impacts to the cost and schedule
of the relocation of U.S. Marine forces to Guam;
(2) A description of the impacts to U.S. bilateral and
multilateral relations and agreements in the Pacific;
(3) A description of the specific impacts for the
military construction program required to support the
relocation of U.S. Marine forces to Guam;
(4) A description of the specific impacts on the delivery
of healthcare to support the relocation of U.S. Marine forces
to Guam as well as challenges to providing health care on Guam
as identified in the supplemental environmental impact
statement;
(5) Any other such information as the Secretary believes
is relevant to workforce issues for the relocation of U.S.
Marines to Guam; and
(6) If the Secretary believes that changes to the statute
governing the non-immigrant worker program described above are
necessary in order to mitigate adverse impacts to the cost or
schedule of the military construction program, or the delivery
of healthcare, required to support the relocation of U.S.
Marine forces to Guam, the Secretary, in coordination with the
Director of U.S. Citizenship and Immigration Services, is
encouraged to include a legislative proposal that would
mitigate the impacts described in the report.
Review of Department of Defense debt collection regulations
The House amendment contained a provision (sec. 1098I)
that would require the Secretary of Defense to review and
update Department of Defense regulations to ensure such
regulations comply with Federal consumer protection law with
respect to the collection of debt.
The Senate bill contained no similar provision.
The House recedes.
Importance of role played by women in World War II
The House amendment contained a provision (sec. 1098J)
that would express the sense of Congress in acknowledging the
important role played by women in World War II.
The Senate bill contained no similar provision.
The House recedes.
The conferees note, with gratitude, the enduring legacy
and example of patriotic service by those women who worked and
volunteered on the home front in support of the military
overseas.
Prohibition on modification, abrogation, or other related actions with
respect to United States jurisdiction and control over United
States Naval Station, Guantanamo Bay, Cuba, without
congressional action
The House amendment contained provisions (secs. 1099,
1099A-C) that prohibit action to modify, abrogate, or replace
the stipulations, agreements, and commitments in the Guantanamo
Lease Agreements, or to impair or abandon the jurisdiction of
the United States over United States Naval Station, Guantanamo
Bay, Cuba, without congressional action.
The Senate bill contained no similar provision.
The House recedes.
Pilot's Bill of Rights 2
The Senate bill contained a series of provisions (sec.
3301, 3302, 3303, 3304, 3305, 3306, and 3307) that would
establish Federal Aviation Administration third class medical
reform and general aviation pilot protections, ``The Pilots
Bill of Rights 2''.
The House amendment contained no similar provisions.
The Senate recedes on these provisions.
Comprehensive strategy for detention of certain individuals
The House amendment contained a provision that would
require the Secretary of Defense, in consultation with the
Attorney General and the Director of National Intelligence, to
submit a report to the appropriate congressional committees by
July 19, 2017, setting forth the details of a comprehensive
strategy for the detention of individuals captured and held
pursuant to the Authorization of the Use of Military Force
(Public Law 107-40) pending the end of hostilities.
The Senate bill contained no similar provision.
The House recedes.
Declassification of information on past terrorist activities of
detainees transferred from United States Naval Station,
Guantanamo Bay, Cuba
The House amendment contained a provision that would
require the Director of National Intelligence to complete a
declassification review of intelligence reports prepared by the
National Counterterrorism Center prior to Periodic Review Board
sessions or detainee transfers on the past terrorist activities
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, who were transferred or released from
United States Naval Station, Guantanamo Bay, Cuba, and make any
information declassified available to the public.
The Senate bill contained no similar provision.
The House recedes.
Title XI--Civilian Personnel Matters
Subtitle A--Department of Defense Matters Generally
Civilian personnel management (sec. 1101)
The Senate bill contained a provision (sec. 1101) that
would modify Section 129 of title 10, United States Code to
remove restrictions on managing civilian personnel within the
Department of Defense on the basis of man years, end strength,
full-time equivalent positions, or maximum number of employees.
The provision would add a new section requiring a report no
later than February 1 of each year from the Secretary of
Defense to the congressional defense committees on the
management of the civilian workforce of the Office of the
Secretary of Defense and the Defense Agencies and Field
Activities. The provision would require the Secretary of each
military department to submit a report on the management of the
civilian workforce under the jurisdiction of each Secretary
which provides for the projected size of the civilian workforce
in the current year and for each year in the future-years
defense program to include a justification of any projected
increases.
The House amendment contained no similar provision.
The House recedes.
Repeal of requirement for annual strategic workforce plan for the
Department of Defense (sec. 1102)
The Senate bill contained a provision (sec. 1102) that
would repeal the reporting requirement for the Department of
Defense to submit a biennial strategic workforce plan, as
contained in section 115b of title 10, United States Code.
The House amendment contained no similar provision.
The House recedes.
Training for employment personnel of Department of Defense on matters
relating to authorities for recruitment and retention at United
States Cyber Command (sec. 1103)
The Senate bill contained a provision (sec. 1108) that
would require training for employment and human resources
personnel at the Department of Defense on special recruitment,
hiring, special pays, and retention authorities for positions
at United States Cyber Command. In addition to training,
written guidance would also be required to inform such
employees of the Department of Defense on which authorities are
available and how to use those authorities.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Public-private talent exchange (sec. 1104)
The Senate bill contained a provision (sec. 1107) that
would allow Department of Defense employees to work in the
private sector and private industry employees to work within
the Department of Defense. Exchanges would encourage Department
of Defense employees to gain skills that align with functional
communities or occupational specialties.
The House amendment contained a similar provision (sec.
1113).
The Senate recedes with an amendment that would clarify
the conditions under which a temporary assignment of an
employee of the Department of Defense may be made and the terms
and conditions for private-sector employees assigned to a
Department of Defense organization.
The conferees note that as this authority would build on
programs like the Intergovernmental Personnel Act (IPA), the
committee understands that the Department of Defense has
established procedures for monitoring and controlling salaries
and expenses for the IPA program, including a limitation on
salaries that may be paid or reimbursed for IPAs, and expects
that such constraints will be applied to the pilot authorized
by this provision.
Temporary and term appointments in the competitive service in the
Department of Defense (sec. 1105)
The Senate bill contained a provision (sec. 1103) that
would allow non-competitive appointments to Department of
Defense temporary and term positions for no more than 18 months
without the possibility of extension.
The House amendment contained no similar provision.
The House recedes.
Direct-hire authority for the Department of Defense for post-secondary
students and recent graduates (sec. 1106)
The Senate bill contained a provision (sec. 1106) that
would establish a Department of Defense (DoD) civilian on-
campus recruiting authority under title 10 as an alternative to
the federal government-wide Pathways program (established by
Executive Order 13562) and other Title 5 hiring authorities.
This proposal would facilitate DoD recruiters' efforts to
recruit students directly to civilian positions using a new
hiring authority expressly designed for this purpose. Hiring
managers and recruiters, who already travel to specific schools
with programs they want to target, would be able to involve
candidates in a rigorous interview process, and make
conditional offers on the spot. This would allow DoD to compete
for highly qualified students and recent graduates. This
authority would be limited to no more than 15 percent of the
total number of hires made into professional and administrative
occupations of the Department at the GS-11 level and below
annually and would sunset four years after the date on which
the Secretary first appoints a recent graduate or current post-
secondary student to a position under this section.
The House amendment contained no similar provision.
The House recedes with an amendment that would sunset the
provision on September 30, 2021 and require the Secretary of
Defense, to the extent practical, to provide public notice and
advertising of positions offered under this authority.
Temporary increase in maximum amount of voluntary separation incentive
pay authorized for civilian employees of the Department of
Defense (sec. 1107)
The Senate bill contained a provision (sec. 1109) that
would increase the maximum amount of separation pay authorized
for Voluntary Separation Incentive Pay (VSIP) from the current
ceiling of $25,000 to $40,000 for civilian employees of the
Department of Defense. This increased maximum amount would
adjust for inflation from when VSIP was first authorized for
the Department of Defense in 1993. The Chief Human Capital
Officers Act of 2002 (Public Law 107-296) provided government-
wide authority to provide VSIP. The maximum payable amount has
not been adjusted since VSIP was first authorized.
The House amendment contained no similar provision.
The House recedes with an amendment that would sunset the
provision on September 30, 2018.
Extension of the 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. 1108)
The Senate bill contains a provision (sec. 1136) that
would amend sections 5542 and 5544 of title 5, United States
Code, to allow overtime pay equal to one and one-half times the
hourly rate of basic pay for nonexempt Federal civilian
employees assigned to temporary duty travel in exempt areas as
defined by the Fair Labor Standards Act of 1938.
The House amendment contains no similar provision.
The House recedes with an amendment that would extend the
authority to pay overtime to Department of the Navy employees
performing work aboard or dockside in support of the nuclear-
powered aircraft carrier forward deployed in Japan through
September 30, 2018.
Limitation on number of DOD SES positions (sec. 1109)
The Senate bill contained a provision (sec. 1112) that
would limit the number of employees at the Department of
Defense who are in the Senior Executive Service (SES). The
limitation in this provision would reduce by 25 percent the
number of covered SES employees of the Department, which were
employed on December 31, 2015. The reduction required by this
provision would be effective on January 1, 2019. Covered SES
employees would not include ``Highly Qualified Experts,'' which
the provision limits to 200. The limitation would not apply to
those employees of the Department who are appointed by the
President and confirmed by the Senate.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit the
number of senior executives authorized for the Department of
Defense to 1,260, and Highly Qualified Experts to 200.
Direct hire authority for financial management experts into the
Department of Defense workforce (sec. 1110)
The Senate bill contained a provision (sec. 1105) that
would provide each secretary of a military department with the
authority to appoint qualified candidates possessing a finance,
accounting, management, or actuarial science degree to
financial management, accounting, auditing, and actuarial
positions within the Department of Defense workforce. The
authority would be limited to 10 percent of the total number of
finance, accounting, management, actuarial science, or
financial management positions within each military department
that are filled as of the close of the fiscal year last ending
before the start of such calendar year. The authority would
expire on January 1, 2023.
The House amendment contained no similar provision.
The House recedes with an amendment that would include
within this direct appointment authority those possessing a
degree or related experience with business administration.
Repeal of certain basis for appointment of a retired member of the
Armed Forces to Department of Defense position within 180 days
of retirement (sec. 1111)
The Senate bill contained a provision (sec. 1110) that
would amend section 3326 of title 5, United States Code, to
repeal subsection (b)(3) which allows the Secretary concerned
to waive the restriction on the appointment of retired members
of the armed forces to positions in the civil service in the
Department of Defense within 180 days of their retirement based
on a state of national emergency.
The House amendment contained no similar provision.
The House recedes.
Subtitle B--Department of Defense Science and Technology Laboratories
and Related Matters
Permanent personnel management authority for the Department of Defense
for experts in science and engineering (sec. 1121)
The Senate bill contained a provision (sec. 1121) that
would support efforts by the Defense Advanced Research Projects
Agency to attract, recruit, and employ world-class scientific,
technical, and engineering talent to manage and oversee the
innovative research and technology development programs of the
agency. The provision would make permanent and codify the
current experimental personnel authority that the agency has
quite successfully employed, as well as preserve the agency's
ability to compete with the private sector for technical talent
through flexibility in setting compensation levels.
The House amendment contained a similar provision (sec.
1105) that would remove the sunset date and annual reporting
requirement for these authorities and codify them in chapter 81
of title 10, United States Code.
The House recedes with a technical amendment.
Codification and modification of certain authorities for certain
positions at Department of Defense research and engineering
laboratories (sec. 1122)
The Senate bill contained a provision (sec. 1122) that
would increase the limit from 3 percent to 10 percent on the
total number of student employees eligible for direct hire by
the directors of the Department of Defense science and
technology reinvention laboratories. The provision would also
make this authority permanent.
The House amendment contained no similar provision.
The House recedes with an amendment to codify this
authority in chapter 139 of Title 10, United States Code.
Modification to information technology personnel exchange program (sec.
1123)
The Senate bill contained a provision (sec. 1124) that
would make the Department of Defense's Information Technology
Exchange Program permanent.
The House amendment contained a similar provision (sec.
1106) that would expand the scope of the program to include
cyber operations personnel, and increase the number of
personnel that could be exchanged from 10 to 50.
The Senate recedes with an amendment to extend the sunset
of the program from 2018 to 2022.
Pilot program on enhanced pay authority for certain research and
technology positions in the science and technology reinvention
laboratories of the Department of Defense (sec. 1124)
The Senate bill contained a provision (sec. 1125) that
would give Department of Defense science and technology
laboratories the authority to offer compensation for certain
positions requiring extremely high levels of experience above
the maximum amount normally allowed by the executive schedule.
The House amendment contained no similar provision.
The House recedes.
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 Evaluation (sec.
1125)
The Senate bill contained a provision (sec. 1123) that
would give the directors of Department of Defense test and
evaluations facilities the same direct hire authorities already
provided to the directors of the Department's science and
technology laboratories.
The House amendment contained a similar provision (sec.
1101) that would provide direct hire authority for Department
of Defense industrial base facilities located in the United
States, as well as the Major Range and Test Facilities Base.
The Senate recedes with an amendment to clarify and
enhance several aspects of the authorities.
The conferees direct the Secretary of Defense to provide
a briefing to the House and Senate Armed Services Committees as
well as the House Committee on Oversight and Government Reform
and the Senate Homeland Security and Governmental Affairs
Committee, not later than 60 days after the end of fiscal year
2018 and again each year until the temporary authorities
expire, on the effectiveness of all direct hire authorities
granted in this Act in fulfilling the civilian manpower needs
of the Department.
Subtitle C--Government-Wide Matters
Elimination of two-year eligibility limitation for noncompetitive
appointment of spouses of members of the Armed Forces (sec.
1131)
The House amendment contained a provision (sec. 574) that
would specify that there is no time limitation on a relocating
spouse's eligibility for noncompetitive appointment from the
date of the servicemember's permanent change of station orders
to the spouse's permanent appointment per duty station.
The Senate bill contained a similar provision (sec.
1113).
The Senate recedes.
Temporary personnel flexibilities for domestic defense industrial base
facilities and Major Range and Test Facilities Base civilian
personnel (sec. 1132)
The House amendment contained a provision (sec. 1102)
that would allow Department of Defense industrial base
facilities located in the United States and Major Range and
Test Facilities Base centers to hire temporary employees into
permanent positions outside of the requirements of the
competitive services.
The Senate bill contained no similar provision.
The Senate recedes with an amendment to clarify the
benefits available to such personnel.
One-year extension of temporary authority to grant allowances,
benefits, and gratuities to civilian personnel on official duty
in a combat zone (sec. 1133)
The House amendment contained a provision (sec. 1103)
that would extend by 1 year the discretionary authority of the
head of a federal agency to provide allowances, benefits, and
gratuities comparable to those provided to members of the
Foreign Service to an agency's civilian employees on official
duty in a combat zone.
The Senate bill contained a similar provision (sec.
1152).
The Senate recedes.
Advance payments for employees relocating within the United States and
its territories (sec. 1134)
The Senate bill contained a provision (sec. 1135) that
would authorize the use of advance payment of basic pay for
current employees who relocate within the United States and its
territories to a location outside the employee's current
commuting area. Advance payment of basic pay under this
provision would be limited in amount to not more than two pay
periods.
The House amendment contained a similar provision (sec.
1104) that would limit the amount to not more than six pay
periods.
The Senate recedes with an amendment that would limit the
amount to not more than four pay periods.
Eligibility of employees in a time-limited appointment to compete for a
permanent appointment at any Federal agency (sec. 1135)
The House amendment contained a provision (sec. 1108)
that would modify section 9602 of title 5, United States Code,
to clarify the eligibility of employees of a land management
agency in a time-limited appointment to compete for a permanent
appointment at any Federal agency.
The Senate bill contained a similar provision (sec.
1131).
The Senate recedes.
Review of official personnel file of former Federal employee before
rehiring (sec. 1136)
The House amendment contained an amendment (sec. 1111)
that would require an appointing authority to review and
consider the information relating to a prospective employee's
former government service in the candidate's official personnel
record file prior to making any determination with respect to
the appointment or reinstatement of the employee to such a
person.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would clarify
which types of information an appointing authority should
review.
One-year extension of authority to waive annual limitation on premium
pay and aggregate limitation on pay for Federal civilian
employees working overseas (sec. 1137)
The Senate bill contained a provision (sec. 1137) that
would amend section 1101 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417), as
most recently amended by section as amended by section 1108 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92), to extend through 2017 the authority of
heads of executive agencies to waive limitation on the
aggregate of basic and premium pay of employees who perform
work in an overseas location that is in the area of
responsibility of the commander, U.S. Central Command
(CENTCOM), or a location that was formerly in CENTCOM but has
been moved to an area of responsibility for the Commander, U.S.
Africa Command, in support of a military operation or an
operation in response to a declared emergency.
The House amendment contained no similar provision.
The House recedes.
Administrative leave (sec. 1138)
The House amendment contained a provision (sec. 1109)
that would provide that a Federal employee may not be placed on
administrative leave, or other paid non-duty status without
charging leave, for more than 14 total days for reasons
relating to misconduct or performance.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would provide
that a Federal employee may not be placed on administrative
leave for more than 10 work days in any calendar year, and
authorize additional periods of administrative leave only for
employees under investigation or in a notice period, subject to
agency determination that the continued presence of the
employee in the workplace poses a threat to other employees,
evidence relevant to a pending investigation, Government
property, or legitimate Government interests.
Direct hiring for Federal wage schedule employees (sec. 1139)
The Senate bill contained a provision (sec. 1132) that
would direct the Director of the Office of Personnel Management
to permit certain agencies to use the direct-hire authority of
permanent and non-permanent positions in the competitive
service for prevailing rate employees when there is a severe
shortage of candidates or a critical hiring need for such
positions.
The House amendment contained no similar provision.
The House recedes.
Record of investigation of personnel action in separated employee's
official personnel file (sec. 1140)
The House amendment contained a provision (sec. 1110)
that would require the head of an agency to make a permanent
notation in an individual's personnel file if the individual
resigns from government employment while the subject of a
personnel investigation and an adverse finding against the
individual is made as a result of the investigation.
The Senate bill contained no similar amendment.
The Senate recedes.
Legislative Provisions Not Adopted
Treatment of certain localities for calculation of per diem allowances
The House amendment contained a provision (sec. 1107)
that would consolidate per diem localities in the Dayton, Ohio,
area.
The Senate bill contained no similar provision.
The House recedes.
Pilot programs on career sabbaticals for Department of Defense civilian
employees
The Senate bill contained a provision (sec. 1111) that
would create a pilot program on career sabbaticals for
Department of Defense civilian employees.
The House amendment contained no similar provision.
The Senate recedes.
Report on Department of Defense civilian workforce personnel and
contractors
The House amendment contained a provision (sec. 1112)
that would require the Secretary of Defense to submit a
detailed report on the structure and number of the civilian
workforce and contractors of the Department of Defense.
The Senate bill contained no similar amendment.
The House recedes.
Appointment authority for uniquely qualified prevailing rate employees
The Senate bill contained a provision (sec. 1133) that
would allow the head of an agency to appoint an individual to a
prevailing rate position at such a rate of basic pay above the
minimum rate of the appropriate grade in cases where there is
an unusually large shortage of qualified candidates for
employment, unique qualifications of a candidate of employment,
or a special need of the Government for the services of a
candidate for employment.
The House amendment contained no similar provision.
The Senate recedes.
Limitation on preference eligible hiring preferences for permanent
employees in the competitive service
The Senate bill contained a provision (sec. 1134) that
would limit the application of points for preference eligible
hiring to the first appointment of a preference eligible
candidate in a permanent position in the competitive service.
The House amendment contained no similar provision.
The Senate recedes.
The conferees remain concerned that the Department of
Defense has difficulty accessing highly skilled non-veterans
into its civilian labor force due to strict preference eligible
hiring requirements, and believes that a detailed examination
of Department of Defense preference eligible hiring practices
is overdue. Therefore, the conferees direct the Secretary of
Defense, in coordination with the Secretary of Labor, Secretary
of Veterans Affairs, and the Director of the Office of
Personnel Management to submit a report no later than May 1,
2017, to the Committees on Armed Services of the Senate and
House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of
Representatives. Such report shall consist of a coordinated
overview of the Veterans preference process in Federal hiring
and shall contain the following elements: (1) an analysis of
how the current process of applying preference eligible points
works in practice, including initial hires and the process as
employees move and advance into new positions; (2) a review of
positive impacts realized in the past five years of preference
eligible hiring; (3) an analysis of the impact of preference
eligible hiring on agencies' ability to hire qualified non-
veteran applicants; (4) an analysis of the impact of preference
eligible hiring on agencies' ability to hire qualified non-
veteran recent graduates and young talent needed to build the
future workforce; (5) a review of challenges identified in the
past five years of preference eligible hiring; (6) an analysis
of the impact of preference eligible hiring on science,
technology, engineering and math positions; and (7) proposals
from the reviewing agencies to improve the current preference
eligible hiring process.
Title XII--Matters Relating to Foreign Nations
Subtitle A--Assistance and Training
One-year extension of logistical support for coalition forces
supporting certain United States military operations (sec.
1201)
The House amendment contained a provision (sec. 1201)
that would amend section 1234 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181), as
most recently amended by section 1201 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92), by
authorizing the Secretary of Defense to provide supplies,
services, transportation, and other logistical support to
coalition forces supporting U.S. operations in the Republic of
Iraq and the Islamic Republic of Afghanistan during fiscal year
2017.
The Senate bill contained no similar provision.
The Senate recedes.
Special Defense Acquisition Fund matters (sec. 1202)
The Senate bill contained a provision (sec. 1202) that
would increase the obligation authority for the Special Defense
Acquisition Fund.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
quarterly spending plans and annual inventories to ensure more
regular and routine oversight and alignment of the use of such
funds with security assistance priorities and national security
objectives.
The amendment also requires that $500.0 million of the
Special Defense Acquisition Fund may only be used to procure
and stock precision guided munitions that may be required by
partner and allied forces to enhance the effectiveness of their
contribution to overseas contingency operations conducted or
supported by the United States. If necessary, the conferees
understand that nothing in this provision would preclude the
Secretary of Defense from using precision guided munitions that
have been procured and stocked using the Special Defense
Acquisition Fund to meet immediate United States military
requirements.
Codification of authority for support of special operations to combat
terrorism (sec. 1203)
The Senate bill contained a provision (sec. 1203) that
would establish a new section 127e in title 10, United States
Code, to codify section 1208 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375), as most recently amended by section 1274 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92). The provision would increase the annual cap on the
authority from $85.0 million to $100.0 million and would limit
the amount available to support any particular military
operation under the authority to $10.0 million in a fiscal year
as well as modify notification requirements.
The House amendment contained a similar provision that
would modify and extend section 1208 of Public Law 108-375, as
amended, for 3 years.
The House recedes with an amendment that would eliminate
the limitation of $10.0 million on support to any particular
military operation in a fiscal year and make other clarifying
changes to the reporting requirements associated with this
authority.
The conferees express strong support for ``section 1208''
authority and its importance in countering threats posed by
violent extremist groups. The conferees believe that the
maturity of the authority, the need for predictability when
working with foreign partner forces, and the enduring nature of
the threats facing our nation support the codification of this
authority. The conferees believe that an increase of the annual
cap to $100.0 million will provide for stability and sufficient
flexibility to address unforeseen contingencies in future
years.
The conferees expect the Department to exercise judicious
use of the authority and conduct appropriate planning to
preserve the flexibility afforded by the codification and
expansion of this authority.
Furthermore, the conferees expect the Department to
appropriately scope support provided under this authority to
address operational requirements in support of defined
counterterrorism missions. This authority should not be used
solely for the purpose of building the capacity of or
engagement with foreign partner forces. When operational
requirements no longer require the use of this tailored
authority, support for foreign partner forces should be
expeditiously terminated or transitioned to other authorities
and funding sources that are more appropriately designed for
longer-term, sustained capacity-building efforts.
Independent evaluation of Strategic Framework for Department of Defense
security cooperation (sec. 1204)
The House amendment contained a provision (sec. 1206)
that would require the Secretary of Defense to enter into an
agreement with a federally funded research and development
center, or another appropriate independent entity, with
expertise in security cooperation to conduct an assessment of
the Strategic Framework for Department of Defense Security
Cooperation and submit a report to the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of
Representatives not later than November 1, 2017, containing the
assessment.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Sense of Congress regarding an assessment, monitoring, and evaluation
framework for security cooperation (sec. 1205)
The House amendment contained a provision (sec. 1207)
that would express the sense of Congress that the Secretary of
Defense should develop and maintain an assessment, monitoring,
and evaluation framework for security cooperation with foreign
countries to ensure accountability and foster implementation of
best practices.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Extension and modification of Commanders' Emergency Response Program
(sec. 1211)
The Senate bill contained a provision (sec. 1201) that
would extend through fiscal year 2019 the Commanders' Emergency
Response Program (CERP) in Afghanistan under section 1201 of
the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81) as amended. The provision would also expand
the authorization to make certain payments to redress injury
and loss in Iraq in accordance with section 1211 of the
National Defense Authorization Act for Fiscal Year 2016 to
Afghanistan and Syria.
The House amendment contained a similar provision (sec.
1211).
The Senate recedes with a technical amendment.
Extension of authority to acquire products and services produced in
countries along a major route of supply to Afghanistan (sec.
1212)
The Senate bill contained a provision (sec. 883) that
would amend section 801(f) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84) to
extend by 2 years the authority to acquire products and
services produced in countries along the major route of supply
to Afghanistan.
The House amendment contained a similar provision (sec.
1213) that would extend the authority by 1 year.
The House recedes.
Extension and modification of authority to transfer defense articles
and provide defense services to the military and security
forces of Afghanistan (sec. 1213)
The Senate bill contained a provision (sec. 1211) that
would extend through December 31, 2017, the authority under
section 1222 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239) to transfer defense
articles being drawn down in Afghanistan, and to provide
defense services in connection with such transfers, to the
military and security forces of Afghanistan. The provision
would also extend through fiscal year 2017 the exemption for
excess defense articles (EDA) transferred from Department of
Defense stocks in Afghanistan from counting toward the annual
limitation on the aggregate value of EDA transferred under
section 516 of the Foreign Assistance Act of 1961 (Public Law
87-195). The provision would also convert certain quarterly
reports into an annual report.
The House amendment contained a similar provision (sec.
1241).
The House recedes.
Special immigrant status for certain Afghans (sec. 1214)
The House amendment contained a provision (sec. 1216)
that would extend the authorization for the Afghan Special
Immigrant Visa (SIV) program for one year and narrow the
eligibility requirements for Afghan SIV candidates.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment that would
modify eligibility requirements for applicants to include those
that perform sensitive and trusted activities for the United
States Government in Afghanistan; extend the underlying SIV
program for four additional years; and provide an additional
1,500 visas. The conferees believe that any Afghan performing
sensitive and trusted activities for or on the behalf of the
United States Government should be eligible for the Special
Immigrant Visa program.
Modification to semiannual report on enhancing security and stability
in Afghanistan (sec. 1215)
The House amendment contained a provision (sec. 1217)
that would add the requirement for an assessment of the
implementation of the Afghan Personnel and Pay System to the
report on enhancing the strategic partnership between the
United States and Afghanistan.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
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 (sec. 1216)
The Senate bill contained a provision (sec. 1213) that
would prohibit the obligation or expenditure of amounts
available to the Department of Defense for a construction or
other infrastructure program or project in Afghanistan unless
certain conditions are met. The provision also provides for
certain waivers.
The House amendment contained no similar provision.
The House recedes with an amendment that would provide
for an additional waiver by the Commander of the Combined
Security Transition Command--Afghanistan for projects greater
than $1.0 million, but less than $20.0 million.
Improvement of oversight of United States Government efforts in
Afghanistan (sec. 1217)
The Senate bill contained a provision (sec. 1215) that
would require the Lead Inspector General for Operation
Freedom's Sentinel, in coordination with certain other
inspectors general, to submit a report on oversight activities
in Afghanistan to optimize the utilization of oversight
resources through planning, coordination, and reduction of
redundancies in oversight activities.
The House amendment contained no similar provision.
The House recedes with an amendment that would add the
requirement to report on the professional standards used by
inspectors general to ensure the accuracy, precision, and
overall quality of the products they publish regarding
Afghanistan.
The conferees note that inspectors general play a crucial
role in helping to ensure appropriate oversight and efficient
use of federal resources in challenging environments, including
Afghanistan. The conferees believe the Inspectors General
operating in Afghanistan should work together to ensure
appropriate oversight occurs at all levels, with minimal burden
to U.S. military operations, diplomatic efforts and
developmental projects. The conferees urge additional efforts
to optimize coordination and to maximize the use of
professional standards among inspectors general in Afghanistan
to ensure the most efficient and effective use of oversight
resources.
Extension and modification of authority for reimbursement of certain
coalition nations for support provided to United States
military operations (sec. 1218)
The Senate bill contained a provision (sec. 1214) that
would provide the Secretary of Defense the authority to
reimburse Pakistan up to $800.0 million in fiscal year 2017 for
certain activities that enhance the security situation in the
northwest regions of Pakistan and along the Afghanistan-
Pakistan border. The provision would also make $300.0 million
of this amount contingent upon a certification from the
Secretary of Defense that Pakistan is taking demonstrable steps
against the Haqqani Network in Pakistan. The Senate bill also
contained a companion provision (sec. 1212) that would extend
and modify the authority for reimbursement of coalition nations
in support of U.S. operations in Iraq and Afghanistan to
include Syria.
The House amendment contained a similar provision (sec.
1212) that would extend the authority for reimbursement of
coalition nations for support provided to the United States for
military operations in Iraq and Afghanistan through December
31, 2017. The provision would make $1.1 billion in funding
available for the overall coalition support funds program,
including up to $900.0 million for reimbursement of Pakistan.
The provision would also make $450.0 million of this amount
contingent upon a certification from the Secretary of Defense
that Pakistan is taking demonstrable steps against the Haqqani
Network in Pakistan.
The Senate recedes with an amendment to merge the three
provisions into one provision. The revised provision would
extend the authorization of the coalition support funds program
for reimbursement of nations in support of U.S. operations in
Iraq and Afghanistan. The provision would expand the
authorization to include support for operations in Syria and
would retain the authority to provide such reimbursement to
Pakistan. In addition, the provision would include a modified
list of security enhancement activities for which Pakistan
would be eligible for reimbursement.
The provision authorizes $1.1 billion for the overall
coalition support funds program, including up to $900.0 million
for Pakistan. Of this amount, the provision would make $400.0
million contingent upon a certification from the Secretary of
Defense that Pakistan is taking demonstrable steps against the
Haqqani Network in Pakistani territory.
The conferees remain concerned about the persecution of
groups seeking political or religious freedom in Pakistan,
including the Balochi, Sindhi, and Hazara ethnic groups, as
well as religious groups, including Christian, Hindu, and
Ahmadiyya Muslim. Consequently, the conferees believe that the
Secretary of Defense should continue to closely monitor the
provision of U.S. security assistance to Pakistan and ensure
that Pakistan is not using its military or any assistance
provided by the United States to persecute minority groups.
In addition, the conferees note that the renewed
authority allows for reimbursement of Pakistan for security
activities along the Afghanistan-Pakistan border, including
providing training and equipment for the Pakistan Frontier
Corps Khyber Pakhtunkhwa. However, the conferees are concerned
that Pakistan continues to delay or deny visas for U.S.
personnel that could assist with the provision of such
training. Given this situation, the conferees recommend that
the Department of Defense condition reimbursements for training
and equipment with appropriate access by U.S. personnel.
The conferees note that while the pilot program for
stability activities in the Federally Administered Tribal Areas
that was authorized under Section 1212 of the National Defense
Authorization Act for Fiscal Year 2016 (P.L.114-92) would not
be specifically reauthorized by this provision, the activities
covered by the pilot program would be eligible for
reimbursement under the modifications made by this provision.
The conferees also note that coalition support funds
appropriated by the Consolidated Appropriations Act of 2016
(P.L.114-113) remain eligible for obligation for two fiscal
years. As a result, the conferees expect that the Department of
Defense will continue activities under the pilot program
through the end of fiscal year 2017.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Modification and extension of authority to provide assistance to the
vetted Syrian opposition (sec. 1221)
The Senate bill contained a provision (sec. 1221) that
would extend and modify the authority under 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) to assist the vetted elements of the Syrian
opposition for certain purposes to December 31, 2019, as well
as strike the prior approval reprogramming requirement and
replace it with a notification requirement before carrying out
new initiatives.
The House amendment contained a similar provision (sec.
1221) that would extend the authority for one year and add
certain certification requirements.
The Senate recedes with an amendment that would extend
the authority through December 31, 2018, maintain the
reprogramming requirement, and strike the certification
requirements.
Modification and extension of authority to provide assistance to
counter the Islamic State of Iraq and the Levant (sec. 1222)
The Senate bill contained a provision (sec. 1222) that
would extend the authority under section 1236 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3559)
to military and other security forces of or associated with the
Government of Iraq, including Kurdish and tribal security
forces, with a national mission, to counter the Islamic State
in Iraq and the Levant (ISIL) to December 31, 2019.
The House amendment contained a similar provision (sec.
1222) that would extend the authority to December 31, 2017.
The House recedes with an amendment that would extend the
authority through December 31, 2018.
The conferees direct the Secretary of Defense in
coordination with the Secretary of State to brief the
congressional defense committees, the Senate Foreign Relations
Committee, and the House Foreign Affairs Committee, not later
than 90 days after the enactment of this Act, on the campaign
to liberate Mosul, Iraq from the control of ISIL. The briefing
on the campaign to liberate Mosul shall also contain the plan
to hold Mosul after liberation and include a detailed blueprint
on how humanitarian, reconstruction, and stabilization
assistance will be provided to support a follow on governance
structure.
The conferees note the importance of the provision of up
to $480 million in stipends and sustainment through the
Government of Iraq to the Iraqi Kurdish Peshmerga and urge the
Secretary of Defense, in coordination with the Secretary of
State, to provide such assistance through the Government of
Iraq to Sunni tribal security forces and other local security
forces with a national security mission. The conferees remind
the Secretaries that local security forces with a national
security mission may include, in addition to Sunni tribal
elements, local security forces that are committed to
protecting highly vulnerable ethnic and religious communities,
such as Yazidi, Christian, Assyrian, and Turkoman communities,
against the ISIL threat.
Extension and modification of authority to support operations and
activities of the Office of Security Cooperation in Iraq (sec.
1223)
The Senate bill contained a provision (sec. 1223) that
would extend through fiscal year 2017 the authority under
section 1215 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81) as amended, for the
Secretary of Defense to support the operations and activities
of the Office of Security Cooperation in Iraq (OSC-I).
The House amendment contained a similar provision (sec.
1223) that would extend the authority for OSC-I for one year
through fiscal year 2017 and authorize the Secretary of Defense
to conduct training with the Iraqi Border Police.
The Senate recedes with an amendment that would extend
the authority through fiscal year 2017.
The conferees direct the Secretary of Defense and the
Secretary of State to submit to the congressional defense
committees, the Senate Foreign Relations Committee, and the
House Foreign Affairs Committee, a plan to transition the
activities conducted by OSC-I but funded by the Department of
Defense to another entity or transition the funding of such
activities to another source not later than the end of fiscal
year 2018.
Limitation on provision of man-portable air defense systems to the
vetted Syrian opposition during fiscal year 2017 (sec. 1224)
The House amendment contained a provision (sec. 1229)
that would prohibit the funds authorized to be appropriated or
otherwise made available for the Department of Defense for
fiscal year 2017 to be obligated or expended to transfer or
facilitate the transfer of man-portable air defense systems
(MANPADs) to any entity in Syria.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense and Secretary of State to notify the
congressional defense committees, the Senate Foreign Relations
Committee, and the House Foreign Affairs Committee should a
determination be made to provide MANPADs to elements of the
appropriately vetted Syrian opposition. The conferees expect
that should such a determination be made, the requirement for
the provision of such a capability and the decision to provide
it would be thoroughly vetted by and receive broad support from
the interagency.
Modification of annual report on military power of Iran (sec. 1225)
The Senate bill contained a provision (sec. 1226) that
would add additional elements concerning cyber capabilities to
the annual report on the military power of Iran required under
section 1245 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84).
The House amendment contained a similar provision (sec.
1253).
The Senate recedes with a technical amendment.
Quarterly report on confirmed ballistic missile launches from Iran
(sec. 1226)
The House amendment contained a provision (sec. 1259S)
that would require the President to notify Congress within 48
hours of a suspected ballistic missile launch, including a
test, by Iran. The President shall further notify Congress of
the entities involved in the launch and a description of the
steps the President will take in response to the launch,
including diplomatic efforts and the imposition of unilateral
sanctions.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would replace
the house provision with the requirement for a quarterly report
to Congress by the Director of National Intelligence describing
any confirmed ballistic missile launches by Iran. An additional
quarterly report to Congress from the Secretary of State and
the Secretary of Treasury is required setting forth a
description of the efforts, if any, to impose unilateral
sanctions against entities or individuals in connection with a
confirmed ballistic missile launch from Iran and any diplomatic
efforts to impose multilateral sanctions.
Subtitle D--Matters Relating to the Russian Federation
Military response options to Russian Federation violation of INF Treaty
(sec. 1231)
The House amendment contained a provision (sec. 1232)
that would withhold $10.0 million of funding for the Department
of Defense to provide support services to the Executive Office
of the President until the Secretary of Defense submits to the
appropriate congressional committees a plan for the development
of military capabilities in response to the Russian Federation
non-compliance with its obligations under the INF Treaty, as
required by section 1243(d) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1062).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would drop
section (a)(1) from the House provision. The conferees note
that the plan contained in the report previously submitted to
Congress, pursuant to the above Public Law, was insufficient
and failed to address adequately the military response options
that were outlined in congressional testimony presented by Mr.
Brian McKeon, Deputy Under Secretary of Defense for Policy. For
example, in testimony to the House Armed Services Committee on
December 10, 2014, Mr. McKeon stated: ``The range of options we
are looking at in the military sphere fall into three broad
categories: Active defenses to counter intermediate-range
ground-launched cruise missiles; counterforce capabilities to
prevent intermediate-range ground-launched cruise missile
attacks; and countervailing strike capabilities to enhance U.S.
or allied forces.'' The conferees note that nothing in this
provision is intended to direct testing or deployment of
systems that would cause the United States to violate the INF
Treaty.
Limitation on military cooperation between the United States and the
Russian Federation (sec. 1232)
The House amendment contained a provision (sec. 1233)
that would prohibit funds authorized to be appropriated or
otherwise made available by this Act through fiscal year 2017
from being used for bilateral military-to-military contact
between the United States and the Russian Federation without
certain certifications by the Secretary of Defense, in
consultation with the Secretary of State, or unless certain
waiver conditions are met.
The Senate bill contained no similar provision.
The Senate recedes.
Extension and modification of authority on training for Eastern
European national military forces in the course of multilateral
exercises (sec. 1233)
The Senate bill contained a provision (sec. 1232) that
would extend through fiscal year 2019 the authority under
section 1251 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92) for the Secretary of
Defense to provide multilateral or regional training, and pay
the incremental expenses of participating in such training, for
countries in Eastern Europe that are a signatory to the
Partnership for Peace Framework Documents but not a member of
the North Atlantic Treaty Organization (NATO) or became a NATO
member after January 1, 1999. The provision would also add the
authority to utilize under this section amounts authorized to
be appropriated for certain purposes under the European
Deterrence Initiative.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend the
authority through fiscal year 2018 and pay the incremental
expenses incurred by a country as a result of national security
forces participation in certain types of training. The
conferees note that the purpose of such training is to promote
interoperability, improve the ability of participating
countries to respond to external threats including from hybrid
warfare, and increase the ability of NATO to take collective
action when required.
The conferees note the importance of regular updates on
the status and effectiveness of the implementation and planned
use of the authority and direct the Secretary of Defense to
brief, not later than 120 days after the enactment of this Act,
the Committees on Armed Services of the Senate and the House of
Representatives on the overall strategy to increase
capabilities and develop key participants' skills under this
authority, the expenditure of funds under this authority to
date, and planned future activities, including the types of
national security forces trained or planned to be trained under
this authority.
Prohibition on availability of funds relating to sovereignty of the
Russian Federation over Crimea (sec. 1234)
The House amendment contained a provision (sec. 1236)
that would prohibit funds authorized to be appropriated or made
available by this Act through fiscal year 2017 for the
Department of Defense to implement any activity that recognizes
the sovereignty of the Russian Federation over Crimea. The
provision included a waiver if the Secretary of Defense, with
the concurrence of the Secretary of State, determines that to
do so would be in the national security interest of the United
States and submits a notification of the waiver to certain
Congressional committees.
The Senate bill contained no similar provision.
The Senate recedes.
Annual report on military and security developments involving the
Russian Federation (sec. 1235)
The Senate bill contained a provision (sec. 1233) that
would add additional elements to the annual report on Russian
military and security developments required under section 1245
of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291) including an assessment of Russian operations in Ukraine
and an analysis of the nuclear strategy and associated doctrine
of Russia.
The House amendment contained a similar provision that
would require reporting on the Russian Federation's foreign
military deployments.
The House recedes with an amendment that would add the
Russian Federation's foreign military deployments, including
significant deployments of naval vessels to foreign countries,
to the annual report.
Limitation on use of funds to vote to approve or otherwise adopt any
implementing decision of the Open Skies Consultative Commission
and related requirements (sec. 1236)
The Senate bill contained a provision (sec. 1079) that
would require the Secretary of Defense to submit to the
appropriate committees of Congress, an annual report on
observation flights over the United States under the Open Skies
Treaty during the previous year.
The House amendment contained a similar provision (sec.
1231) that would limit funds that may be used to approve or
permit approval of a request by the Russian Federation to carry
out observation flights with an aircraft that has installed an
upgraded sensor with infrared or synthetic aperture radar
capability over the United States or the territory covered in
the Open Skies Treaty, unless the administration can certify
certain conditions.
The Senate recedes with an amendment that would limit
funding that may be used to vote to approve or otherwise adopt
any implementing decision of the Open Skies Consultative
Commission to authorize approval of requests by state parties
to the Treaty of infrared or synthetic aperture radars,
pursuant to the Open Skies Treaty, unless and until the
Secretary of Defense, jointly with the relevant U.S. government
officials, submits to the appropriate congressional committees
a certification that such implementing decision would not be
detrimental or otherwise harmful to the national security of
the United States, and submits a report.
Further, not later than 90 days prior to when the U.S.
votes to approve or otherwise adopt any implementing decision,
the Secretary of State shall submit to Congress certain
certifications. If the Secretary is unable to make these
certifications, the Secretary must submit a report to Congress
explaining why it is in the national interest of the U.S. to
vote to approve or otherwise adopt such implementing decision.
The amendment also requires a quarterly report by certain
government officials evaluating Open Skies Treaty overflights
of the United States by the Russian Federation.
The amendment further states that not more than 65-
percent of the funds authorized for fiscal year 2017 may be
used to carry out any activities to implement the Open Skies
Treaty until the Director of National Intelligence and the
Director of the National Geospatial-Intelligence Agency submit
an evaluation of whether it is possible, consistent with U.S.
national security interests, to substitute commercial imagery
or other phenomenologies for such data generated by Treaty
overflights. The amendment further limits the funding until the
Secretary of State submits a report on cost of implementing the
Open Skies Treaty and on impact on participation and
contributions by covered state parties and relationships among
covered state parties.
Extension and enhancement of Ukraine Security Assistance Initiative
(sec. 1237)
The Senate bill contained a provision (sec. 1231) that
would extend through fiscal year 2019 the authority under
section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92) for the Secretary of
Defense, in coordination with the Secretary of State, to
provide security assistance and intelligence support to
military and other security forces of the government of
Ukraine. The provision would authorize the use of up to $500.0
million in fiscal year 2017 to provide security assistance to
Ukraine. The provision would prohibit the obligation or
expenditure of half of the funds authorized to be appropriated
in fiscal year 2017 under this authority until the Secretary of
Defense, in coordination with the Secretary of State, certifies
that Ukraine has taken substantial action to make defense
institutional reforms and outlines areas where further work may
remain.
The House amendment contained a similar provision (sec.
1235) that would make conforming changes of a non-substantive
nature to section 1250 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92).
The House recedes with an amendment that would extend the
authority through December 31, 2018, and authorize the use of
up to $350 million in fiscal year 2017 to provide security
assistance to Ukraine. The provision would limit the obligation
or expenditure of funds to $175 million of the funds authorized
to be appropriated in fiscal year 2017 until a certification is
made that Ukraine has taken substantial action on defense
institutional reforms.
The conferees remain deeply concerned by the continuing
aggression of Russia and Russian-backed separatists that
violate ceasefire agreements and as such, continue to emphasize
the fundamental importance of providing security assistance and
intelligence support, including lethal military assistance, to
the Government of Ukraine to build its capacity to defend its
territory and sovereignty.
The conferees are concerned that progress in the area of
defense institutional reform has been slow and uneven and note
that such reforms are critical to sustaining capabilities
developed using security assistance. Such reforms are critical
to the long-term stability and security of Ukraine. The
conferees welcome the signing of the Partner Concept document
between the United States and Ukraine as well as the
appointment of a senior advisor to the Ukrainian government and
encourage further progress on institutional reform efforts.
Subtitle E--Reform of Department of Defense Security Cooperation
Enactment of new chapter for defense security cooperation (sec. 1241)
The Senate bill contained a provision (sec. 1252) that
would create a new chapter in title 10, United States Code, on
security cooperation, and would transfer, modify, and codify
security cooperation-related provisions from elsewhere in title
10 and public law to this new chapter.
The House amendment contained a similar provision (sec.
1261).
The House recedes with amendments that would make several
modifications, including to: 1) narrow the scope of the
authority for the Department to provide assistance to build the
capacity of a friendly foreign nation to conduct specified
military operations, modify the availability of funds for such
purposes, and change notification requirements; 2) preserve the
existing authority for the Department of Defense (DOD) to
operate five Regional Centers for Security Studies; 3) require
the Secretary of Defense to designate an individual and office
at the Under Secretary of Defense-level or below with
responsibility for oversight of strategic policy and guidance
and responsibility for overall resource allocation for security
cooperation programs and activities of the Department; and 4)
authorize the Department to provide support to other
departments and agencies of the United States Government for
the purpose of implementing or supporting foreign assistance
programs and activities that advance security cooperation
objectives.
The conferees note that over the last 15 years, the
Department of Defense's engagement with national security
forces of friendly foreign countries has expanded in response
to changing strategic requirements. Correspondingly, the number
and complexity of authorities and associated funding provided
to the Department to conduct security cooperation programs has
expanded, resulting in security cooperation authorities being
dispersed throughout title 10 and public law. This architecture
has led to a confusing and unwieldy security cooperation
enterprise that undermines the ability of the Department--
particularly its senior civilian and military leaders--to
prioritize, plan, synchronize, execute, allocate resources, and
oversee activities. The current situation has also resulted in
frequent changes for the security cooperation professionals
attempting to implement security cooperation programs and
activities. This has contributed to suboptimal outcomes and
missed opportunities. Further, the conferees believe the
complex patchwork of authorities and sources of funding hinders
appropriate congressional and public transparency and
complicates robust congressional oversight of a key mission for
the Department.
As such, the conferees believe that consolidating the
various security cooperation authorities under a single
security cooperation chapter in title 10 will provide greater
clarity and consistency about the nature and scope of DOD's
security cooperation programs and activities to those who plan,
manage, implement, and conduct oversight of these programs. The
conferees note that the functional areas in which the
Department is authorized to provide assistance under this
provision are consistent with existing focus areas of the
Department's `train and equip' programs. The conferees also
note that authority to provide assistance to build the capacity
of friendly foreign countries to conduct military intelligence
operations already exists, because the Department's existing
authorities include support functions, and intelligence
operations frequently act in that capacity. The inclusion of
intelligence operations is intended solely to clarify that the
Department may conduct such activities either as a supporting
activity for other operations or as a stand-alone operation,
and it is not meant to suggest that other activities that
support or enable programs providing training and equipment to
foreign forces (such as logistics or communications activities)
are not permitted under existing authorities.
Additionally, for the purposes of executing programs and
activities in the new security cooperation chapter in title 10,
funds available to DOD for security cooperation may be used
prior to the submission of a consolidated security cooperation
budget as required by section 1249 of this subtitle.
Moreover, consolidation of a single `train and equip'
authority will ensure that the Department has flexibility to
meet its evolving strategic objectives, without being forced to
bend its strategy to meet the contours of available tailored
authorities. The conferees do not intend for the consolidation
to create a DOD mission that competes with security assistance
overseen by the Department of State. Rather, a consolidated
`train and equip' authority should enable the Department to
meet its own defense-specific objectives in support of broader
defense strategy and plans, as well as to better integrate
title 10 security cooperation activities into the broader
United States Government approach to security sector
assistance. To that end, the conferees note that the provision
would increase coordination between the Department of Defense
and the Department of State in the planning and implementation
of security sector assistance programs by requiring the
Secretary of Defense and the Secretary of State to jointly
develop and plan `train and equip' programs as well as to
coordinate the implementation of such programs and ensure
robust end-use monitoring of provided assistance. The conferees
believe that the Department of Defense and the Department of
State should have greater visibility into the planning,
programming, and execution of each organization's security
sector assistance programs and activities and urge both
Departments to enhance visibility and collaboration on such
programs early in the planning process and through execution so
as to avoid unnecessary duplication and enhance overall unity
of effort.
Additionally, the conferees are concerned that the
existing process for coordination between the two Departments
on security sector assistance programs is too ad-hoc in nature
and often elevates responsibility for such coordination,
particularly those activities requiring concurrence, to the
senior-most echelons of the respective organizations--to
include the Deputy Secretary or Secretary level--resulting in a
cumbersome and time-intensive process. Therefore, the provision
would require the Secretary of Defense and the Secretary of
State to designate individuals at the lowest possible level in
their respective organizations with responsibility for such
coordination.
The conferees note that the Department's security
cooperation activities over the last 15 years have emphasized
building the capacity of partner forces at the tactical and
operational level. However, the conferees are concerned that
insufficient attention and resources have been provided for
building institutional capacity at higher echelons,
particularly the generating force (e.g. those with `man, train,
and equip' responsibilities) and at the strategic level (e.g.
ministerial and general staff levels). The conferees expect the
Department to increase its emphasis on strengthening the
defense institutions of friendly foreign nations as it builds
security cooperation programs and activities and expects
proposals submitted to Congress to include a robust defense
institution building component. Moreover, the conferees expect
the Department to take advantage of the simplified framework of
security cooperation authorities adopted in this section to
develop security cooperation programs that integrate activities
to simultaneously engage partners and build capacity at each of
these levels--tactical, operational, and strategic.
Additionally, the conferees note the importance of
sustaining capabilities provided to friendly foreign nations,
particularly equipment, to the long-term success of DOD's
security cooperation programs and activities. As such, the
conferees expect that there is a plan to transition sustainment
support from DOD to other sources of funding, such as foreign
countries' national funds, will be part of each security
cooperation program.
In addition to the cumbersome, confusing, and complex
patchwork of authorities and funding sources, the Department's
organizational structure for the security cooperation
enterprise has undermined the ability of senior Department
officials to adequately oversee, prioritize, and synchronize
security cooperation programs and activities to support
strategic priorities. Currently, there is no individual or
office below the Deputy Secretary of Defense with
responsibility to oversee strategic policy and resource
allocation for the security cooperation enterprise. Instead,
such responsibility spans multiple components and offices at
the level of Under Secretary. Therefore, the provision would
require the Secretary to 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 or below. The conferees
intend for this individual and office to better synchronize
planning and programs across the regional and functional
components of the Department and ensure that such activities
and resources are appropriately aligned with strategic
priorities. Further, the conferees expect that this arrangement
will empower the Department to prioritize resources and
consider trade-offs across the full range of security
cooperation programs and funding sources. Additionally, the
provision would assign responsibility for the execution and
administration of all security cooperation programs and
activities 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 to the
Director of the Defense Security Cooperation Agency. This
assignment of responsibility is meant to help the Department
overcome the distortions, lack of coordination, and duplication
that occurs across the Department's security cooperation
enterprise, arising from narrowly-focused program offices found
throughout the Office of the Secretary of Defense, the Joint
Staff, Military Departments, Combatant Commands, and the
defense agencies.
The provision would preserve the five Department of
Defense Regional Centers for Security Studies. The provision
would also require the Secretary to review, on an annual basis,
the program and structure of each Regional Center in order to
ensure that they are appropriately aligned with the strategic
priorities of the Department. The conferees intend for the
Regional Centers to more closely align activities with the
requirements of DOD, and to serve as an effective tool to
advance clearly defined security cooperation objectives in
direct support of defense strategy.
The conferees note that, despite the marked increase in
DOD security cooperation programs and activities over the last
15 years, the Department has not applied sufficient emphasis
and resources to develop a comprehensive framework to assess,
monitor, and evaluate its security cooperation programs and
activities from inception to completion. Instead, the conferees
believe that the Department has focused on assessments of
partner nation capability gaps at the beginning of assistance
programs rather than over the life cycle of the program, which
has undermined the Department's ability to measure outcomes
against objectives. Sufficient attention must be given to the
implementation of programs with continuous robust evaluation to
gauge whether programs and activities are meeting or have met
defined objectives. The conferees expect the Department to
allocate sufficient resources to its assessment, monitoring,
and evaluation program, and to apply lessons learned from the
program to improve and reshape security cooperation programs
and activities to maximize effectiveness and efficiency.
Further, in this context, the conferees believe the
Department's security cooperation data systems should provide
an enterprise-wide view of security cooperation activities to
facilitate best practices and enable strategic decision-making.
In addition to basic data about security cooperation programs,
the system should support the distribution of lessons-learned,
including the activities' goals and history of development, and
inform future activities and resource allocation. The conferees
note the current limitations of the Global Theater Security
Cooperation Management information Systems (G-TSCMIS) program
and encourage the Department to review the use and
functionality of G-TSCMIS at all user levels. The Department
should further consider measures to promote more wide-spread
and regular use of G-TSCMIS and ensure that processes and
system functionality appropriately collects, stores,
integrates, and distributes information Department-wide.
Military-to-military exchanges (sec. 1242)
The Senate bill contained a provision (sec. 1253) that
would combine existing security cooperation authorities
permitting the exchange of military and defense personnel with
allies of the United States and other friendly foreign
countries.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
The conferees encourage the Department to make more
effective use of exchanges of military and defense personnel as
important elements of broader security cooperation efforts,
particularly with regard to building partner operational
capacity or strengthening the management functions of partner
defense institutions. Such exchanges offer opportunities for
U.S. military and civilian personnel to mentor foreign
counterparts, share relevant operational concepts, and assess
how well previous assistance has been employed and sustained.
Meanwhile, foreign exchange officers can obtain valuable on-
the-job training working among their U.S. counterparts and
improve their understanding of U.S. military organizations and
operations, contributing to deeper interoperability. Such
exchanges should be planned with these advantages in mind, in
integration with other security cooperation activities and
authorities.
Consolidation and revision of authorities for payment of personnel
expenses necessary for theater security cooperation (sec. 1243)
The Senate bill contained a provision (sec. 1254) that
would consolidate and modify similar authorities permitting the
payment of personnel expenses of allied or partner countries
during theater security cooperation activities.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Transfer and revision of certain authorities on payment of expenses of
training and exercises with friendly foreign forces (sec. 1244)
The Senate bill contained a provision (sec. 1255) that
would combine and modify similar authorities for paying for the
expenses of partner nations when conducting training with U.S.
Armed Forces and for the expenses of developing countries when
participating in exercises.
The House amendment contained a similar provision (sec.
1202) that would extend the authority in section 1203 of the
National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66) for training of general purpose forces of the
United States Armed Forces with military and other security
forces of friendly foreign countries to December 31, 2019.
The House recedes with an amendment that would combine
and modify similar authorities for paying for the expenses of
partner nations when conducting training with U.S. Armed Forces
and for the expenses of developing countries when participating
in exercises. The provision would also transfer section 2011 of
title 10, United States Code to the new chapter 16 on security
cooperation created elsewhere in this Act.
The conferees note that the transfer of section 2011 of
title 10, United States Code to the new chapter 16 is part of a
broader effort to consolidate and simplify authorities related
to security cooperation. The conferees do not intend for this
transfer to negatively impact administration of Special
Operations Forces Joint Combined Exchange and Training Program
by the Commander, United States Special Operations Command,
which remains a standalone authority within the new chapter.
Transfer and revision of authority to provide operational support to
forces of friendly foreign countries (sec. 1245)
The Senate bill contained a provision (sec. 1256) that
would consolidate and modify section 127d of title 10, United
States Code, section 1207 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92), and section 1234
of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181), as amended, relating to the provision of
operational support to partners and allies in combined
operations with U.S. Armed Forces, in military operations that
support U.S. national security interests, or in support of U.S.
operations in Iraq and Afghanistan.
The House amendment contained no similar provision.
The House recedes with technical amendment.
Department of Defense State Partnership Program (sec. 1246)
The Senate bill contained a provision (sec. 1257) that
would codify the Department of Defense State Partnership
Program (section 1205 of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66), as amended by section
1203 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92)).
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Transfer of authority on regional defense combating terrorism
fellowship program (sec. 1247)
The Senate bill contained a provision (sec. 1258) that
would transfer to the new chapter 16 on security cooperation in
title 10, United States Code, the regional combating terrorism
fellowship program (section 2249c of title 10, United States
Code) and modify the program to authorize the Secretary of
Defense to carry out a program under which the Secretary may
pay costs associated with the education and training of
national-level security officials of friendly foreign nations.
The House amendment contained no similar provision.
The House recedes with an amendment that would transfer
the underlying authority for the regional combating terrorism
fellowship program to the new chapter 16 on security
cooperation and would make a technical modification to the
reporting requirement.
Consolidation of authorities for service academy international
engagement (sec. 1248)
The Senate bill contained a provision (sec. 1259) that
would amend Chapter 16 of title 10, United States Code, to
consolidate international engagement authorities for the
service academies of the Army, Navy, and Air Force.
The House amendment contained no similar provision.
The House recedes.
The conferees note that under current law, there are nine
separate authorities that determine the selection of, funding
for, and conditions for international students attending the
service academies of the Army, Navy, or Air Force. The
conferees believe consolidating these authorities would provide
consistency by creating a single, common authority for use by
the service academies to select international students and
conduct exchange programs with foreign military academies.
Consolidated annual budget for security cooperation programs and
activities of the Department of Defense (sec. 1249)
The Senate bill contained a provision (sec. 1262) that
would require the budget of the President for each fiscal year
after fiscal year 2018, as submitted to Congress by the
President pursuant to section 1105 of title 31, United States
Code, to include as a separate item the amounts requested for
the Department of Defense (including those funds in the budgets
of the military departments) for such fiscal year for all
security cooperation programs and activities of the Department,
including the specific amounts, if any, and the specific
country or region, to the maximum extent practicable, for such
programs and activities.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Consistent with the creation of the new chapter 16 on
security cooperation and the consolidation of the Department of
Defense's security cooperation funding and related authorities,
this provision is intended to enhance the ability of the
congressional defense committees to conduct oversight of the
Department's security cooperation programs and activities,
including those undertaken by the military services; to
understand better how the Department plans, programs, and
prioritizes its security cooperation programs and activities to
fill gaps in its contingency plans; to enable foreign partners
against a common threat or enemy; and to align resources with
the Department's strategic objectives. This approach is also
intended to better enable public transparency.
Department of Defense security cooperation workforce development (sec.
1250)
The Senate bill contained a provision (sec. 1263) that
would direct the Secretary of Defense to create a Department of
Defense security cooperation workforce development program to
oversee the development and management of a professional
workforce supporting security cooperation programs of the
Department of Defense as well as the execution of security
assistance programs and activities under the Foreign Assistance
Act and the Arms Control Act by the Department of Defense.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Despite the increasing emphasis on security cooperation
to further its strategic objectives, the conferees are
concerned that the Department of Defense--whether in
implementing State Department programs or its own programs--has
not devoted sufficient attention and resources to the
development, management, and sustainment of the Department's
security cooperation workforce to ensure effective assessment,
planning, monitoring, execution, evaluation, and administration
of security cooperation programs and initiatives. As a result
of this inattention, security cooperation initiatives are not
always planned and implemented in such a way as to most
effectively advance national security objectives, and the
Military Departments are left to pursue their unique service
objectives, which may not always align with broader foreign
policy objectives or integrate with Department of Defense
efforts. The conferees are also concerned about the lack of
standardization in the organization of the security cooperation
workforce within the Military Departments.
Finally, the conferees believe that security cooperation
outcomes would improve if the security cooperation planning
workforce, including within Embassy country teams and at
Geographic Combatant Commands, was able to draw upon not just
the foreign area officer specialty, but also upon other
relevant specialties such as force planning, logistics, and
acquisition.
The conferees believe that building security capabilities
of a partner nation and deepening interoperability through
security cooperation requires a specialized set of skills, and
the current system neither develops those skills among its
workforce nor rationally assigns its workforce to match
appropriate skills with requirements. The conferees believe
increased attention and resourcing must be focused on the
recruitment, training, certification, assignment, and career
development of the security cooperation workforce. The
conferees expect the Department to implement this authority
expansively in order to address shortfalls in the security
cooperation workforce throughout the enterprise.
Specifically, implementation of this authority should (1)
ensure the development and rational allocation of qualified and
experienced personnel in order to support high-priority
security cooperation initiatives and partners; (2) ensure the
appropriate sizing, organization, and chain-of-command for the
security cooperation workforce within the Military Departments;
(3) ensure the appropriate skills and capabilities are
developed within the workforce and that there are standard and
viable career paths; and (4) ensure sufficient size of the
Title 10 workforce to enhance program management and
administration, as well as to strike a more appropriate balance
with the Title 22 workforce. The conferees expect that the
Department will allocate necessary resources, from available
Title 10 security cooperation program resources and other
appropriate sources, sufficient to achieve these objectives,
and reflect these costs in its annual security cooperation
budget submission.
The conferees note that effectiveness and efficiency of
security cooperation implementation will depend on a workforce
that is integrated across the enterprise and responsive to
clear strategic direction in support of Department priorities.
Reporting requirements (sec. 1251)
The Senate bill contained a provision (sec. 1261) to
consolidate and standardize the Department's reporting on
security cooperation authorities and programs in an annual
report.
The House amendment contained a similar provision (sec.
1205).
The Senate recedes with a technical amendment.
The conferees note that this Act retains nearly all of
the notification requirements with respect to the Department's
security cooperation activities. Coupled with the requirement
for an annual budget submission that appears elsewhere in this
Act, this approach relieves the Department of an overly
burdensome reporting regime while maintaining the transparency
and accountability required for appropriate oversight and real-
time monitoring of the Department's new programs. The conferees
expect that the level of detail contained in the annual report
should be equal to or greater than the existing individual
reports. Any degradation in the quality of the reporting on the
Department's security cooperation program and activities would
be inconsistent with the intent of the conferees in undertaking
this broader reform initiative.
Quadrennial Review of Security Sector Assistance Program and
Authorities of the United States Government (sec. 1252)
The conference agreement includes a provision that would
require the President to conduct a quadrennial review of all
U.S. Government security sector assistance programs, policies,
authorities, and resources.
Other conforming amendments and authority for administration (sec.
1253)
The Senate bill contained a provision (sec. 1265) that
would repeal superseded, obsolete, or duplicate statutes
relating to security cooperation as part of its efforts to
streamline and rationalize the authorities of the Department to
conduct security cooperation.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Subtitle F--Human Rights Sanctions
Global Magnitsky Human Rights Accountability Act (secs. 1261-1265)
The Senate bill contained provisions (secs. 1281-1284)
that would authorize the President to impose sanctions with
respect to any foreign person that the President determines is
responsible for gross human rights violations or acts of
significant corruption.
The House amendment contained no similar provision.
The House recedes with amendments which would sunset the
provision six years after enactment, modify the congressional
referral mechanism, and revise the waiver threshold for the
termination of sanctions, as well as several technical
amendments.
Subtitle G--Miscellaneous Reports
Modification of annual report on military and security developments
involving the People's Republic of China (sec. 1271)
The House amendment contained a provision (sec. 1242)
that would require 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 and a description of the People's Republic of
China's military and nonmilitary activities in the South China
Sea to be added to the Annual Report on Military and Security
Developments Involving the People's Republic of China.
The Senate bill contained no similar provision.
The Senate recedes.
Monitoring and evaluation of overseas humanitarian, disaster, and civic
aid programs of the Department of Defense (sec. 1272)
The House amendment contained a provision (sec. 1245)
that would authorize the Secretary of Defense to use up to 5
percent of the amounts authorized to be appropriated by this
Act for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA)
for fiscal year 2017, to conduct monitoring and evaluation of
the OHDACA programs of the Department of Defense. This section
would also require the Secretary of Defense to provide a
briefing to the specified committees not later than 90 days
after the date of the enactment of this Act on mechanisms to
evaluate OHDACA programs.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would extend
the authorization to fiscal year 2018.
Strategy for United States defense interests in Africa (sec. 1273)
The House amendment contained a provision (sec. 1249)
that would require the Secretary of Defense to submit a report
not later than 1 year after the date of the enactment of this
Act to the congressional defense committees that contains a
strategy for United States defense interests in Africa.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Report on the potential for cooperation between the United States and
Israel on directed energy capabilities (sec. 1274)
The House amendment contained a provision (sec. 1250)
that would allow the Secretary of Defense to carry out
research, development, test and evaluation activities, on a
joint basis with Israel to establish directed energy
capabilities to detect and defeat ballistic missiles, cruise
missiles, unmanned aerial vehicles, mortars, and improvised
explosive devices that threaten the United States, deployed
forced of the United States, or Israel.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would replace
the House provision with the requirement for a report on the
potential for United States and Israeli directed energy
cooperation to defeat ballistic missiles, cruise missiles,
unmanned aerial vehicles, mortars, and improvised explosive
devices. The report is due to the congressional defense and
foreign relations committees not later than 180 days after
enactment of this act.
Annual update of Department of Defense Freedom of Navigation Report
(sec. 1275)
The Senate bill contained a provision (sec. 1241) that
directs the Secretary of Defense to submit an annual report to
the Committees on Armed Services of the Senate and the House of
Representatives setting forth an update on the most current
Freedom of Navigation Report under the Freedom of Navigation
Operations (FONOPS) program.
The House amendment contained a similar provision (sec.
1255) that directs the Secretary of Defense to submit a
quarterly report to the congressional defense committees on any
excessive territorial claims of foreign countries that were
challenged by freedom of navigation operations and flights
carried out by the armed forces during such fiscal quarter.
The House recedes with an amendment that would terminate
the report on September 30, 2021.
Reports on INF Treaty and Open Skies Treaty (sec. 1276)
The House amendment contained a provision (sec. 1259H)
that would require the Chairman of the Joint Chiefs of Staff to
submit to the appropriate congressional committees a report on
the Open Skies Treaty that assesses possible non-compliance of
the treaty by the Russian Federation, and whether the treaty
remains in the national security interest of the United States.
It would also require a report on the INF Treaty of whether and
why the Treaty remains in the national security interests of
the United States and a specific plan to remedy the Russian
violation of the INF Treaty.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add the
House Permanent Select Committee on Intelligence and the Senate
Select Committee on Intelligence to the list of congressional
committees to receive the reports.
Assessment of proliferation of certain remotely piloted aircraft
systems (sec. 1277)
The Senate bill contained a provision (sec. 1275) that
would require an independent assessment directed by the
Chairman of the Joint Chiefs of Staff to report on the impact
to United States national security interests of the
proliferation of certain remotely piloted aircraft. The
assessment would include an analysis of the threat posed to the
United States as a result of the proliferation of such aircraft
to adversaries, the impact of such proliferation on the combat
capabilities of and interoperability with partners and allies
of the United States, and the potential benefits and risks of
continuing to limit exports of such aircraft.
The House amendment contained no similar provision.
The House recedes.
The conferees note that the proliferation of remotely
piloted aircraft has significantly altered the context of the
international security environment since the origination of the
Missile Technology Control Regime that proscribes a ``strong
presumption of denial'' for the export of such aircraft.
Subtitle H--Other Matters
Enhancement of interagency support during contingency operations and
transition periods (sec. 1281)
The Senate bill contained a provision (sec. 1050) that
would authorize the Secretary of Defense and the Secretary of
State to enter into an agreement allowing each Secretary to
provide support, supplies, and services on a reimbursement
basis, or by exchange of support, supplies, and services, to
the other Secretary during a contingency operation and related
transition period.
The House amendment contained a similar provision (sec.
1246).
The Senate recedes with a technical amendment.
Two-year extension and modification of authorization of non-
conventional assisted recovery capabilities (sec. 1282)
The Senate bill contained a provision (sec. 1274) that
would extend the authority of the Department of Defense to
establish, develop, and maintain non-conventional assisted
recovery (NAR) capabilities for three additional years and
modify the eligibility of personnel for whom such support may
be provided.
The House amendment contained a similar provision that
would modify section 943 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417), as
most recently amended by section 1271 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92), to
permit the recovery of individuals identified by the Secretary
of Defense when a non-conventional assisted recovery capability
is already in place and would extend the authority through
2020.
The Senate recedes with a technical amendment.
The conferees direct the Department to ensure that the
planning, initiation, sustainment, and utilization of NAR
capabilities are fully coordinated and de-conflicted with other
U.S. departments and agencies who may also play a role in the
recovery of designated individuals overseas. (The conferees
also note that non-conventional assisted recovery is a
traditional military activity and the authority modified and
extended by this provision does not authorize the conduct of
intelligence activities.)
Authority to destroy certain specified World War II-era United States-
origin chemical munitions located on San Jose Island, Republic
of Panama (sec. 1283)
The House amendment contained a provision (sec. 1248)
that would authorize the Secretary of Defense to destroy eight
chemical munitions on San Jose Island, Panama. The use of these
funds shall not take effect until there is an agreement between
the United States and Panama that such munitions are termed
``old chemical weapons'' and not ``abandoned chemical weapons''
and that per the prior lease agreement, the United States is
under no legal obligation to destroy any additional chemical
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. This provision
is not applicable to agreements with or obligations to
countries other than Panama.
The Senate bill contained a similar provision (sec.
1421).
The Senate recedes.
Sense of Congress on military exchanges between the United States and
Taiwan (sec. 1284)
The Senate bill contained a provision (sec. 1243) that
directed the Secretary of Defense to carry out a program of
exchanges of senior military officers and senior officials
between the United States and Taiwan, both in the United States
and Taiwan, designed to improve military to military relations
between the United States and Taiwan.
The House amendment contained a similar provision (sec.
1254) that expressed a sense of the congress that that the
Secretary of Defense should conduct a program of senior
military exchanges between the United States and Taiwan, both
in the United States and Taiwan, that have the objective of
improving military-to-military relations and defense
cooperation between the United States and Taiwan.
The House recedes with an amendment that the Secretary of
Defense should carry out such a program of exchanges, both in
the United States and Taiwan.
Limitation on availability of funds to implement the Arms Trade Treaty
(sec. 1285)
The House amendment contained a provision (sec. 1259A)
that would prohibit the use of funds to implement the Arms
Trade Treaty unless the Treaty has received the advice and
consent of the Senate and has been the subject of implementing
legislation. The National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 801 note) contained a
similar provision.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Prohibition on use of funds to invite, assist, or otherwise assure the
participation of Cuba in certain joint or multilateral
exercises (sec. 1286)
The Senate bill contained a provision (sec. 1204) that
would prohibit the Secretary of Defense from using any funds 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 United States and Cuba
until the Secretary, in coordination with the Director of
National Intelligence, submits to Congress certain assurances.
The provision would provide an exception to the prohibition for
any joint or multilateral exercise or operation related to
humanitarian assistance or disaster response.
The House amendment contained a similar provision (sec.
1259B) that would prohibit the use of funds authorized to be
appropriated or otherwise made available to the Department of
Defense for any bilateral military-to-military contact or
cooperation 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 the
Government of Cuba has taken specified actions.
The Senate recedes with an amendment that would prohibit
the Secretary of Defense from using any funds authorized to be
appropriated or otherwise made available for fiscal year 2017
for the Department of Defense unless the Secretary of Defense
and the Secretary of State, in consultation with the Director
of National Intelligence, certify to the appropriate
congressional committees that the Government of Cuba has taken
specified actions, with certain exceptions.
It is the intent of the conferees that the exception
contained in subsection (b)(1) of this section includes
periodic contact between appropriate officials of the
Governments of the United States and Cuba concerning the
security and management of personnel and facilities at Naval
Station Guantanamo Bay, commonly referred to as ``fence-line
talks,'' which have been a routine and ongoing activity for
many years and have proven important to ensuring the safety of
U.S. personnel serving at Naval Station Guantanamo Bay.
Global Engagement Center (sec. 1287)
The House amendment contained a provision (sec. 1259C)
that would direct the Secretary of State in coordination with
the Secretary of Defense (and relevant federal departments and
agencies and partner nations) to establish a Global Engagement
Center (GEC) within 6 months of enactment. The GEC's general
purpose would be to discover, expose and counter foreign
government information warfare efforts (to include foreign
propaganda and disinformation efforts) and proactively advance
fact-based narratives that support US allies and interests. The
GEC would terminate 5 years after enactment.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that included
changes to the purpose and functions of the GEC, further
specified the appointment, delegation and scope and
responsibility and authority of the head of the GEC, modified
the authority to transfer funds for the GEC, added a reporting
requirement to the appropriate congressional committees, and
extended the termination of the GEC to 8 years after enactment.
Modification of United States International Broadcasting Act of 1994
(sec. 1288)
The House amendment contained a provision (sec. 1259D)
that would amend Section 304 of P.L. 103-236 (22 USC 6203) to
permanently establish the Chief Executive Officer (CEO)
position as head of the Broadcasting Board of Governors (BBG),
the federal agency that oversees all U.S.-funded non-military
international broadcasting, while removing the nine-member
bipartisan Board that currently heads the agency. It would also
provide certain new flexibilities in the BBG CEO's authorities,
including expanded authority to allow the BBG CEO to direct
appropriated funds and to hire certain personnel. The House
amendment also contained a provision (sec. 1259E) that would
authorize the BBG CEO to consolidate the current U.S.
international broadcasters that receive federal grants as
independent non-profit corporations (Radio Free Europe/Radio
Liberty, Radio Free Asia, and the Middle East Broadcasting
Networks) into one grantee broadcaster, with certain related
expanded supervisory roles and authorities vested in the BBG
CEO. This provision would also authorize the BBG CEO to
establish a similar non-federal broadcasting corporation,
receiving a federal operating grant, to assume the broadcasting
responsibilities of the Voice of America (VOA, the federal
government broadcaster operating within the BBG), and abolish
VOA as a federal entity.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would eliminate
the timing requirement for nomination of the BBG CEO, add a
notification requirement for redirection of funds, establish
the international broadcasting advisory board, add a mission
definition for the consolidated broadcast entities, and deleted
specific discussion of Voice of America.
Redesignation of South China Sea Initiative (sec. 1289)
The Senate bill contained a provision (sec. 1246) that
would redesignate the South China Sea Initiative (Public Law
114-92; 129 Stat. 1073; U.S.C. 2282 note) as the Southeast Asia
Maritime Security Initiative.
The House amendment contained a similar provision (sec.
1259F).
The Senate recedes.
The conferees believe that the United States should
continue supporting the efforts of countries participating in
the Southeast Asia Maritime Security Initiative to strengthen
their maritime security capacity, domain awareness, and
integration of their capabilities.
Measures against persons involved in activities that violate arms
control treaties or agreements with the United States (sec.
1290)
The House amendment contained a provision (sec. 1259L)
that would require the President to impose certain measures on
a person the President determines has engaged in any activity
that contributed to the President's or Secretary of State's
determination that such a country is not in full compliance
with its obligations undertaken in all arms control, on
proliferation, and disarmament agreements to which the United
States is participating state. Certain measures, exceptions,
remedies, and waivers are included in the provision, including
an exception for sanctions that would impact contracts related
to major routes of supply; a waiver on a case-by-case if the
person or entity engaging in, or supporting, an activity that
contributed to a country not being in full compliance did not
knowingly engage in such activity, and such waiver is in the
interest of the national security of the United States; and
termination of sanctions when the country concerned is no
longer in violation.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of the Treasury to produce a list of persons
(including an entity or entities) involved in sanctionable
activity under this section not later than 30 days after the
annual report on Adherence to and Compliance with Arms Control,
Nonproliferation, and Disarmament Agreements and Commitments
(required by 22 U.S.C. 2593a) has been submitted. Such
person(s) would be subject to immediate sanction.
Additionally, the Senate amendment narrows the scope of
the new sanction only to those countries who are not determined
to be closely cooperating with the United States by the
Director of National Intelligence.
The Senate amendment also required the waiver tied to a
knowing violation include a requirement that such conduct has
been terminated or that verifiable assurances that the person
will terminate such activity have been provided.
The Senate amendment further provides waiver authority if
the President determines on a case-by-case basis that the
imposition of a sanction under this section would jeopardize an
intelligence source or method. The conferees expect this waiver
to be used only when there is a clear and specific risk that
sources and methods would be compromised or exposed. Detailed
information on such risk will be reported to the specified
congressional committees.
The Senate amendment also provides measures to delay the
immediate imposition of sanctions if the President determines
the government of the country concerned has taken specific and
effective actions, including penalties as appropriate, to
terminate the involvement of a domiciled person in the activity
that triggered sanctions. This delay includes up to 120 days if
the President initiates consultations with the government of
the country concerned and an additional 120 days if such
government is in the process of taking specific and effective
actions to terminate the involvement of a domiciled entity in
the activity that triggered sanctions.
The Senate amendment contains additional measures for
termination if the person has ceased the activity contributing
to a country's violation.
Agreements with foreign governments to develop land-based water
resources in support of and in preparation for contingency
operations (sec. 1291)
The House amendment contained a provision (sec. 1259Q)
that would authorize the Secretary of Defense, with the
concurrence of the Secretary of State, to enter into agreements
with foreign nations to develop land-based water resources in
support of contingency operations.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to notify the appropriate
congressional committees 30 days after entering into an
agreement.
Enhancing defense and security cooperation with India (sec. 1292)
The Senate bill contained a provision (sec. 1247) that
would enhance military cooperation between the United States
and India by recommending the Secretary of Defense take certain
steps regarding exchanges between senior military officers and
senior civilian defense officials of the Government of India
and the United States Government.
The House amendment contained a similar provision (sec.
1262) that would require certain actions by the Secretary of
Defense and the Secretary of State to enhance defense and
security cooperation between India and the United States.
The Senate recedes with an amendment.
Coordination of efforts to develop free trade agreements with sub-
Saharan African countries (sec. 1293)
The Senate bill contained a provision (sec. 1271) that
would amend section 116 of the African Growth and Opportunity
Act (19 U.S.C. 3723).
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Extension and expansion of authority to support border security
operations of certain foreign countries (sec. 1294)
The Senate bill contained a provision (sec. 1272) that
would expand the authority under 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) to provide assistance
to the Governments of Jordan and Lebanon to support efforts to
enhance security along borders with Syria and/or Iraq to also
provide assistance to the Governments of Tunisia and Egypt to
support efforts to enhance security along borders with Libya.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Should funds from the Counter Islamic State of Iraq and
the Levant Fund be utilized to conduct activities pursuant to
this authority, the conferees direct the Secretary of Defense
to submit to the congressional defense committees a
notification not later than 15 days before providing such
support.
Modification and clarification of United States-Israel anti-tunnel
cooperation authority (sec. 1295)
The Senate bill contained a provision (sec. 1273) that
would increase the annual limitation of the authority under
section 1279 of the National Defense Authorization Act for
Fiscal Year 2016 (P.L. 114-92) for the Secretary of Defense, in
consultation with the Secretary of State, to carry out
research, development, test, and evaluation, on a joint basis
with Israel to establish anti-tunnel defense capabilities to
detect, map, and neutralize underground tunnels.
The House amendment contained no similar provision.
The House recedes.
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 Commerce Control List
(sec. 1296)
The Senate bill contained a provision (sec. 886) that
would amend section 1211 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163) to maintain the
prohibition on procuring military items from China.
The House amendment contained no similar provision.
The House recedes.
International sales process improvements (sec. 1297)
The Senate bill contained a provision (sec. 881) that
would require the Secretary of Defense to develop a plan to
improve the management and use of fees collected on the
transfer of defense articles and services under programs in
which the Defense Security Cooperation Agency has
administrative responsibilities.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
requirements to be addressed in the plan and require that the
plan be submitted to the congressional defense committees no
later than 180 days after the date of enactment of this Act.
Efforts to end modern slavery (sec. 1298)
The Senate bill contained a provision (sec. 1276) that
would require the Secretary of Defense to implement policies
and procedures to ensure Armed Forces personnel engaged in
partnership activities with foreign nations receive education
and training on human slavery, and to ensure the United States
Armed Forces maximize efforts to appropriately assist in
combatting trafficking in persons. The provision would
authorize grants to support transformational programs and
projects that seek to achieve a measurable and substantial
reduction of the prevalence of modern slavery in target
populations within partner countries.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Legislative Provisions Not Adopted
Modification and extension of authority to conduct activities to
enhance the capability of foreign countries to respond to
incidents involving weapons of mass destruction
The House amendment contained a provision (sec. 1203)
that would modify section 1204 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66) to
include a 48-hour congressional notification when assistance
expected to exceed $4.0 million is provided to certain foreign
countries, to cap the funds available at $20.0 million, and
extend the authority 1 year, through September 30, 2020.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that elsewhere in this Act is a
provision that would consolidate multiple authorities to build
the capacity of friendly foreign nations to conduct specified
operations, to include counter-weapons of mass destruction
operations. The conferees intend for activities conducted to
date under section 1204 of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66) to be conducted
under the new building partnership capacity in the new chapter
16 on security cooperation without disruption. Further, the
conferees intend that such activities to build the capacity of
friendly foreign nations to conduct counter-weapons of mass
destruction operations will continue to be administered by the
Director of the Defense Threat Reduction Agency.
Report on the prohibition on use of funds for assistance to units of
foreign security forces that have committed a gross violation
of human rights
The House amendment included a provision (sec. 1208) that
would require the Secretary of Defense to submit to the
congressional defense committees a report on the implementation
of section 294 of title 10, United States Code (relating to
prohibition on use of funds for assistance to units of foreign
security forces that have committed a gross violation of human
rights).
The Senate bill included no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, no later
than 180 days after the enactment of this Act, to submit to the
congressional defense committees a report on the implementation
of section 294 of title 10, United States Code (relating to
prohibition on use of funds for assistance to units of foreign
security forces that have committed a gross violation of human
rights). The report shall include (1) A detailed description of
the policies and procedures governing the manner in which
Department of Defense personnel identify and report information
on gross violations of human rights and how such information is
shared with personnel responsible for implementing the
prohibition in subsection (a)(1) of section 294 of title 10,
United States Code; (2) The funding expended in fiscal years
2015 and 2016 for purposes of implementing section 294 of title
10, United States Code, including any relevant training of
personnel, and a description of the titles, roles, and
responsibilities of the personnel responsible for reviewing
credible information relating to human rights violations and
the personnel responsible for making decisions regarding the
implementation of the prohibition in subsection (a)(1) of such
section 294; (3) An addendum that includes any findings or
recommendations included in any report issued by a Federal
Inspector General related to the implementation of section 294
of title 10, United States Code, and, as appropriate, the
Department of Defense's response to such findings or
recommendations; (4) implementation of section 1206 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015; and (5) Any other
matters the Secretary determines is appropriate.
Sense of Congress on United States policy and strategy in Afghanistan
The House amendment contained a provision (sec. 1215)
that would express the sense of Congress that the President
should authorize a certain number of United States troops for
missions in Afghanistan and provide the appropriate
authorities, capabilities, and resources to ensure both mission
success and adequate force protection for United State forces.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the United States continues to
have vital national security interests in ensuring that
Afghanistan is a stable, sovereign country and that stability
and security in Afghanistan reinforces stability and security
in the region. The conferees urge the President to ensure that
the commander in Afghanistan has the required resources,
authorities, and capabilities to protect U.S. and Coalition
troops and to enable their counterterrorism and train, advise
and assist missions. Further, the conferees believe that the
United States should continue to provide the required support
to the Afghan National Defense and Security Forces to secure
Afghanistan.
Sense of Congress relating to Dr. Shakil Afridi
The House amendment contained a provision (sec. 1218)
that would establish findings and a sense of Congress regarding
the continued detention of Dr. Shakil Afridi by the Pakistani
government.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the contributions of Dr. Afridi to
efforts to locate Osama bin Laden, remain concerned about Dr.
Afridi's continuing incarceration, and urge the Government of
Pakistan to release him immediately.
Report on access to financial records of the Government of Afghanistan
to audit the use of funds for assistance for Afghanistan
The House amendment contained a provision (sec. 1219)
that would require the Secretary of Defense to submit a report
to Congress on the extent to which the Combined Security
Transition Command-Afghanistan has adequate access to financial
records of the Government of Afghanistan to audit the use of
funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for assistance for
Afghanistan.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide
a briefing to the congressional defense committees not later
than 90 days after the enactment of this Act on the extent to
which the Department of Defense has adequate access, for
accountability purposes, to financial records of the Government
of Afghanistan associated with the use of funds authorized to
be appropriated by this act or otherwise made available for
fiscal year 2017 for security assistance for Afghanistan.
Report on prevention of future terrorist organizations in Iraq and
Syria
The House amendment contained a provision (sec. 1224)
that would require the Secretary of Defense to submit a report
that describes the political, economic, and security conditions
in Iraq and Syria that would be necessary and sufficient to
prevent the formation of future terrorist organizations in Iraq
and Syria that may present a danger to the United States, its
allies, and the stability of Iraq, Syria, and the rest of the
Middle East region.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense and
Secretary of State to jointly provide a report to the
congressional defense committees, the Senate Foreign Relations
Committee, and the House Foreign Affairs Committee not later
than one year after the date of the enactment of this Act on
the political and military strategies to defeat the Islamic
State in Iraq and the Levant (ISIL), and on the political,
economic, and security conditions in Iraq and Syria that would
be necessary and sufficient to prevent the formation of future
terrorist organizations in Iraq and Syria. At a minimum, the
briefing should include a description of: (1) the military
conditions that must be met for ISIL to be considered defeated;
(2) the plan for achieving a political transition in Syria; (3)
a plan for Iraqi political reform and reconciliation among
ethnic groups and political parties; (4) an assessment of the
required future size and structure of the Iraqi Security
Forces, including irregular forces; and (5) a description of
the roles and responsibilities of U.S. allies and partners and
other countries in the region in establishing regional
stability.
The conferees also direct the Comptroller General of the
United States to submit to the congressional defense
committees, the Senate Foreign Relations Committee, and the
House Foreign Affairs Committee, not later than one year after
the date of the enactment of this Act, a report on the United
States' and the Government of Iraq's capacities to apply
transparency and anti-fraud mechanisms, accounting and internal
controls standards, and other financial management and
accountability measures to transfers of cash and other forms of
assistance provided to the Iraqi Security Forces, including
irregular forces, and other recipients through the Iraq Train
and Equip Fund.
Semiannual report on integration of political and military strategies
against ISIL
The House amendment contained a provision (sec. 1225)
that would require the Secretary of Defense and Secretary of
State to jointly submit a semi-annual report on the political
and military strategies to defeat the Islamic State in Iraq and
the Levant. The provision would also require the Comptroller
General of the United States to review certain financial
management and accountability measures relating to assistance
provided through the Iraq Train and Equip Fund.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that matters raised by the House
provision are addressed elsewhere in this report.
Sense of Congress condemning continuing attacks on medical facilities
in Syria
The House amendment contained a provision (sec. 1226)
that would express the sense of Congress that the United States
Government should condemn and call for an immediate end to
attacks on medical facilities and medical providers in Syria
and encourage the United States Government to support efforts
to meet urgent humanitarian needs where appropriate.
The Senate bill contained no similar provision.
The House recedes.
The conferees note with deep concern continued attacks on
civilians, medical personnel, and medical facilities in Syria.
These attacks constitute violations of international
humanitarian law. The conferees urge the Department of Defense
to ensure these violations are documented and further encourage
the Department of Defense to support, where appropriate,
international efforts to meet humanitarian and medical needs in
Syria.
Sense of Congress on business practices of the Islamic State of Iraq
and Syria
The House amendment contained a provision (sec. 1228)
that would express the sense of Congress that the United States
should focus all necessary efforts in the Middle East to
disrupt the financing of the Islamic State of Iraq and the
Levant (ISIL) through oil production and sale.
The Senate bill contained no similar provision.
The House recedes.
The conferees remain prepared to provide U.S. military
forces engaged in Operation Inherent Resolve and other
counterterrorism operations across the globe with the resources
and authorities necessary to defeat the Islamic State in Iraq
and the Levant, al Qaeda, and forces associated with these
groups, including the resources and authorities necessary to
disrupt the financing of those groups through oil production
and sale.
Statement of policy on United States efforts in Europe to reassure
United States partners and allies and deter aggression by the
Government of the Russian Federation
The House amendment contained a provision (sec. 1234)
that would express a statement that it is the policy of the
United States to reassure U.S. partners and allies in Europe
and to deter aggression by the Government of the Russian
Federation in order to enhance regional and global security and
stability.
The Senate bill contained no similar provision.
The House recedes.
The conferees remain concerned about the evolving
security situation throughout the European continent. A
revanchist Russian Federation, rising incidents of terrorism,
and unprecedented refugee and migrant flows are among the
issues that continue to present significant security challenges
to the region. The conferees recognize the North Atlantic
Treaty Organization (NATO) as the cornerstone of transatlantic
security cooperation and the guarantor of peace and stability
in Europe. The conferees believe that NATO members must
continue to review defense spending to ensure sufficient
funding is obligated to meet security needs, as well as
providing adequate NATO contributions. The fulfillment of NATO
members' commitments to allocate a minimum of two percent of
Gross Domestic Product (GDP) for defense expenditures and 20
percent of defense expenditures on major equipment, is of vital
importance to the health of the NATO alliance. The conferees
remain committed to supporting and upholding the policies
enumerated in the NATO 2012 Wales Summit and the NATO 2016
Warsaw Summit including full realization of the Readiness
Action Plan, fulfillment of defense spending commitments, and
timely implementation of an enhanced forward military presence.
The conferees support U.S. efforts to increase presence
in the European theater and commend the work of the Department
of Defense thus far to reassure U.S. allies and partners in the
region, increase NATO interoperability, provide critical
training and assistance to European allies and partners, and
deter Russian aggression. The conferees view the fiscal year
2017 President's Budget Request of $3.42 billion for the
European Deterrence Initiative (EDI) as an important step to
support the stability and security of the region and deter
further Russian antagonism and aggression. EDI will continue to
serve as an important tool to bolster U.S. force presence in
the region, train and equip the security forces of European
partners and allies, enhance indications and warning
mechanisms, and improve U.S. agility and flexibility through
strategic infrastructure investments. The conferees believe
additional emphasis is necessary on developing capabilities for
countering unconventional methods of warfare such as cyber
warfare, economic coercion, information operations, and
intelligence operations. The conferees encourage the Department
of Defense to include EDI resources and programs in the base
budget in order to ensure persistent funding support as well as
the ability to plan for long-term investments towards the
security and stability of the European continent.
European investment in security and stability
The Senate bill contained a provision (sec. 1234) that
would express the sense of Congress that North Atlantic Treaty
Organization (NATO) allies and European partners are
indispensable to addressing global security challenges and that
their investment in developing and employing robust security
capabilities in Europe should meet or exceed U.S. efforts in
this regard and would require an accounting by the Secretary of
Defense of current and planned security investments by NATO
allies and European partners.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense, not later
than 60 days after the date of the enactment of this Act, to
present to the congressional defense committees, the Senate
Foreign Relations Committee, and the House Foreign Affairs
Committee an accounting of European investment in security
capabilities including current and planned efforts to
contribute to global security operations. The presentation
should include a summary of major outcomes from recent NATO
summits, as well as a detailed accounting of initiatives by
other NATO members and European partners to: a.) deter security
challenges posed by Russia, b.) increase capabilities to
respond to unconventional or hybrid warfare tactics, c.)
enhance security in Europe in ways that match or compliment
United States contributions to conventional deterrence in the
region, d.) contribute to the campaign to counter the Islamic
State of Iraq and the Levant and the NATO-led mission in
Afghanistan, and e.) counter terrorism in Europe and Africa, as
well as any other matters the Secretary of Defense considers
appropriate.
Sense of Senate on European Deterrence Initiative
The Senate Bill contained a provision (sec. 1235) that
would express the sense of the Senate that the European
Deterrence Initiative will bolster efforts to deter further
Russian aggression, enhance the capability to defend
territorial integrity and preserve regional stability, and
improve the agility and flexibility of military forces to
address threats across the full spectrum of warfighting
requirements and diverse geographic locations. The provision
would also express the sense of the Senate that such efforts as
the European Deterrence Initiative should be in the base budget
of the Department of Defense to address long-term stability on
the European continent.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that support for the European
Deterrence Initiative and its importance to the stability and
security of the region and deterring further Russian antagonism
and aggression is addressed elsewhere in this report.
Modification and extension of report on military assistance to Ukraine
The House amendment contained a provision (sec. 1237)
that would express the sense of Congress that the United States
should continue to support the Government of Ukraine's efforts
to provide and maintain security in Ukraine including support
to the Ukrainian military, the Ukrainian National Guard, and
the State Border Guard Service of Ukraine.
The Senate bill contained no similar provision.
The House recedes.
The conferees remain deeply concerned about the ongoing
threats to the sovereignty and territorial integrity of
Ukraine, including the continued violations of ceasefire
agreements by Russia and Russian-backed separatists. The
conferees urge the Department of Defense to continue to provide
robust support to the Government of Ukraine, including through
lethal assistance, to help defend against such aggression. The
conferees note that authorization to provide assistance to the
State Border Guard Service of Ukraine is included in another
provision of this Act.
Sense of Congress on malign activities of the Government of Iran
The House amendment contained a provision (sec. 1241)
that would express the sense of Congress that the United States
should increase efforts to counter the continued expansion of
malign activities of the Government of Iran in the Middle East.
The Senate bill contained no similar provision.
The House recedes.
The conferees urge the Secretary of Defense to increase
efforts to counter the Government of Iran's malign activities,
including by maintaining a robust U.S. military presence
forward deployed in the United States Central Command area of
responsibility and by further enhancing regional ballistic
missile defense capabilities and cooperation.
Inclusion of the Philippines among allied countries with whom United
States may enter into cooperative military airlift agreements
The Senate bill contained a provision (sec. 1242) that
would include the Philippines among allied countries that the
United States can enter into a cooperative military airlift
agreement with.
The House amendment contained no similar provision.
The Senate recedes.
Sense of Congress on trilateral cooperation between Japan, South Korea,
and the United States
The House amendment contained a provision (sec. 1243)
that expressed a sense of the Congress that Japan and the
Republic of Korea (South Korea) are both treaty allies and
critically important security partners of the United States.
The Senate bill contained no similar provision.
The House recedes.
The conferees recognize the continued importance of
trilateral cooperation among the United States, Japan, and the
Republic of Korea. More specifically, the conferees believe the
United States should continue to support defense cooperation
between Japan and the Republic of Korea on the full range of
issues related to North Korea as well as other security
challenges in the Asia-Pacific region.
Sense of Congress on cooperation between Singapore and the United
States
The House amendment contained a provision (sec. 1244)
that expressed a sense of the Congress regarding continued
cooperation between the United States and the Republic of
Singapore.
The Senate bill contained no similar provision.
The House recedes.
The conferees recognize the continued role Singapore has
played as a security partner in Southeast Asia, including its
recent decision to host rotational P-8 Poseidon deployments.
United States policy on Taiwan
The Senate bill contained a provision (sec. 1244) that
expressed a sense of the Senate that the United States should
strengthen and enhance its long-standing partnership and
strategic cooperation with Taiwan, with the objective of
reinforcing its commitment to the Taiwan Relations Act and the
``Six Assurances.''
The House amendment contained a similar provision (sec.
1259) that directs the Secretary of Defense and the Secretary
of State to jointly submit to the appropriate committees of
Congress a report that contains a description of the steps the
United States has taken, plans to take, and will take to
provide Taiwan with arms of a defensive character in accordance
with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301
et seq.) no later than February 15, 2017.
The legislative provisions were not adopted.
The conferees direct the Secretary of Defense and the
Secretary of State to provide a briefing to the congressional
defense committees on the steps the United States has taken,
plans to take, and will take to provide Taiwan with arms of a
defensive character in accordance with the Taiwan Relations Act
(Public Law 96-8; 22 U.S.C. 3301 et seq.) no later than
September 1, 2017.
The conferees believe the United States should conduct
regular transfers of defense articles and defense services with
the government of Taiwan, support the efforts of Taiwan to
integrate innovative and asymmetric capabilities, including
undersea warfare capabilities optimized for the defense of the
Taiwan Strait, assist Taiwan in building an effective air
defense capability consisting of a balance of fighters and
mobile air defense systems, and permit Taiwan to participate in
bilateral training activities hosted by the United States that
increase the credible deterrent capabilities of Taiwan.
Sense of Congress on military relations between Vietnam and the United
States
The Senate bill contained a provision (sec. 1245) that
expressed a sense of the Senate that removing the prohibition
on the sale of lethal military equipment to the Government of
Vietnam would further United States national security
interests, that any future arms sales by the United States to
Vietnam should be monitored to ensure that Vietnam continues to
make progress on human rights and that arms sold in the future
are not being used by Vietnam in ways that violate the human
rights and freedom of civilians in Vietnam.
The House amendment contained a similar provision (sec.
1259V) that expressed a sense of the Congress that the United
States Government should review its policy on the transfer of
lethal weapons to Vietnam and that it should evaluate certain
human rights benchmarks when providing military assistance to
Vietnam.
The legislative provisions were not adopted.
The conferees support the decision to fully lift the ban
on the sale of lethal military equipment to Vietnam and believe
that the United States Government must continue to monitor
Vietnam's human rights record in the context of providing
Vietnam with lethal military equipment in the future.
Annual report on foreign military sales to Taiwan
The House amendment contained a provision (sec. 1256)
that directs the Secretary of Defense to submit to the
Committees on Armed Services and Foreign Relations of the
Senate and the Committees on Armed Services and Foreign Affairs
of the House of Representatives a report that lists each
request received from Taiwan and each letter of offer to sell
any defense articles or services under this Act to Taiwan
during such fiscal year.
The Senate bill contained no similar provision.
The House recedes.
Elsewhere in this report, the conferees note that the
United States should conduct regular transfers of defense
articles and defense services with the government of Taiwan.
Sense of Congress in support of a denuclearized Korean peninsula
The House amendment contained a provision (sec. 1259K)
that expressed a sense of the Congress that United States
foreign policy should support a denuclearized Korean peninsula.
The Senate bill contained no similar provision.
The House recedes.
The conferees express their strong support for the
decision to deploy the Terminal High Altitude Area Defense
(THAAD) missile defense system to the Republic of Korea. The
conferees regard this deployment as benefitting the United
States and the Republic of Korea by further protecting the
citizens of both countries against the threat of missile attack
on the Korean Peninsula.
Authority to grant observer status to the military forces of Taiwan at
RIMPAC exercises
The House amendment contained a provision (sec. 1259P)
that authorized the Secretary of Defense to grant observer
status to the military forces of Taiwan in the maritime
exercise known as the Rim of the Pacific Exercise.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Secretary of Defense has the
authority to invite Taiwan to the Rim of the Pacific exercise.
Sense of Congress on commitment to the Republic of Palau
The Senate bill contained a provision (sec. 1277) that
would express a sense of the Congress that Congress and the
President should promptly enact the Compact Review Agreement
signed by the United States and Palau in 2010.
The House amendment contained no similar provision.
The Senate recedes.
The conferees believe that enacting the Compact Review
Agreement is important to United States' national security
interests and, as such, believe that the President should
include the Compact Review Agreement in the Fiscal Year 2018
budget request.
Sense of Congress on support for Estonia, Latvia, and Lithuania
The House amendment contained a provision (sec. 1251)
that would express the sense of the Congress on support for the
Republic of Estonia, the Republic of Latvia, and the Republic
of Lithuania, including support for their sovereignty.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that support for allies and partners
in Europe is addressed elsewhere in this report.
Sense of Congress on security sector assistance
The Senate bill contained a provision (sec. 1251) that
would express the Sense of the Congress on the security
cooperation programs and activities of the Department of
Defense, as well as the broader security sector assistance
activities of the U.S. government.
The House amendment contained no similar provision.
The Senate recedes.
Sense of Congress on support for Georgia
The House amendment contained a provision (sec. 1252)
that would express the sense of the Congress on support for
Georgia's sovereignty and territorial integrity as well as
support for continued cooperation between the United States and
Georgia.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that support for allies and partners
in Europe is addressed elsewhere in this report.
Sense of Congress regarding on July 2016 NATO Summit in Warsaw, Poland
The House amendment contained a provision (sec. 1257)
that would express the sense of the Congress on supporting
certain outcomes of the July 2016 North Atlantic Treaty
Organization (NATO) Summit in Warsaw, Poland.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that support for certain outcomes of
the NATO Summit is addressed elsewhere in this report.
Report on violence and cartel activity in Mexico
The House amendment contained a provision (sec. 1258)
that would require the Secretary of Defense to submit to the
congressional defense committees a report on violence and
cartel activity in Mexico and the impact on the national
security of the United States.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the ongoing violence associated
with transnational organized crime poses a threat to the
security interests of Mexico and the United States. The
conferees recognize the shared commitment of the United States
and Mexico to combat this threat and expect the Secretary of
Defense to update periodically the Committees on Armed Services
of the House of Representatives and the Senate on the
Department's security cooperation activities with the
Government of Mexico.
Opportunities to equip certain foreign military entities
The House amendment contained a provision (sec. 1259G)
that would add the requirement for a report that describes
efforts to make United States manufacturers aware of
opportunities to equip foreign military forces approved to
receive assistance from the United States and any new plans to
raise awareness of such opportunities.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense and the
Secretary of State to jointly provide a briefing to the
congressional defense committees, the Senate Foreign Relations
Committee, and the House Foreign Affairs Committee, within 180
days of the enactment of this act, on efforts to make United
States manufacturers aware of procurement opportunities related
to equipping foreign security forces approved to purchase or
receive equipment from United States manufacturers.
Sense of Congress regarding the role of the United States in the North
Atlantic Treaty Organization
The House amendment contained a provision (sec. 1259I)
that would express the sense of the Congress that continued
United States leadership in the North Atlantic Treaty
Organization is critical to the national security of the United
States.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the importance of continued
United States leadership in the North Atlantic Treaty
Organization is addressed elsewhere in this report.
Authorization of United States assistance to Israel
The House amendment contained a provision (sec. 1259J)
that would authorize the President to provide assistance to
Israel to improve maritime security and maritime domain
awareness.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that maritime security and maritime
domain awareness in the Eastern Mediterranean Sea are critical
not only to the security of Israel but also to U.S. national
security interests and encourage the Department of Defense to
continue efforts to develop and improve capabilities in these
areas.
Department of Defense report on cooperation between Iran and the
Russian Federation
The House amendment contained a provision (sec. 1259M)
that would require a report on cooperation between Iran and the
Russian Federation.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense and
Secretary of State to jointly provide a briefing to the
congressional defense committees, the Senate Foreign Relations
Committee, and the House Foreign Affairs Committee not later
than 180 days after the date of the enactment of this Act, on
cooperation between Iran and the Russian Federation. The
briefing shall, at a minimum, include (1) how such cooperation
affects the national security interests of the United States;
(2) cooperation relating to the conflict in Syria; (3) weapons,
if any, transferred from Russia to Iran; (4) cooperation, if
any, in space and to what extent those capabilities can be
applied to Iran's ballistic missile program; and (5) naval
cooperation in the Eastern Mediterranean Sea and Arabian Gulf.
Report on maintenance by Israel of a robust independent capability to
remove existential security threats
The House amendment contained a provision (sec. 1259N)
that would express the sense of Congress that Israel should be
able to defend its vital national interests and protect its
territory and population against existential threats. The
provision would also require a report to certain committees of
Congress that would identify capabilities and platforms
requested by the Government of Israel that would contribute to
the maintenance of Israel's defensive capability, assess the
availability for sale or transfer of such items, and describe
what steps the President is taking to transfer those items.
The Senate bill contained no similar provision.
The House recedes.
Report on use by the Government of Iran of commercial aircraft and
related services for illicit military or other activities
The House amendment contained a provision (sec. 1259O)
that would require a report to certain committees of Congress
on the use by the Government of Iran of commercial aircraft and
related services for illicit military and other activities for
the past five years.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct that not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
and the Secretary of State shall provide a briefing 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 on the use of the commercial
entities by the Government of Iran for illicit military or
other activities during the 5-year period ending on the date of
enactment of this Act. The briefing, at a minimum, should
include a description of the extent to which: (1) the
Government of Iran has used commercial entities to facilitate
the shipment of illicit cargo; (2) the commercial sector of
Iran has provided financial, material, and technological
support to the Islamic Revolutionary Guard Corps (IRGC); and
(3) foreign governments and persons have facilitated such
activities, including allowing the use of airports, services,
or other resources.
Extension of reporting requirements on the use of certain Iranian
seaports by foreign vessels and use of foreign airports by
sanctioned Iranian air carriers
The House amendment contained a provision (sec. 1259R)
that would amend section 1252(a) of the National Defense
Authorization Act for Fiscal Year 2013 (22 U.S.C. 8808(a)).
The Senate bill contained no similar provision.
The House recedes.
Sense of Congress on integrated ballistic missile defense system for
GCC partner countries, Jordan, Egypt and Israel
The House amendment contained a provision (sec. 1259T)
that would express the sense of Congress that to assist in
preventing an attack by Iran, the United States should
encourage and enable as appropriate an integrated ballistic
missile defense system that links GCC partner countries,
Jordan, Egypt, and Israel.
The Senate bill contained no similar provision.
The House recedes.
The conferees encourage the United States Government to
continue to work towards a ballistic missile defense system
that integrates the capabilities of Gulf Cooperation Council
partner nations.
Authority to provide assistance and training to increase maritime
security and domain awareness of foreign countries bordering
the Persian Gulf, Arabian Sea, or Mediterranean Sea
The House amendment contained a provision (sec. 1259U)
that would authorize assistance and training to increase
maritime security and domain awareness of foreign countries
bordering the Persian Gulf, the Arabian Sea, or the
Mediterranean Sea in order to deter and counter illicit
smuggling and related maritime activity by Iran, including
illicit Iranian weapons shipments.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that this provision would be
duplicative of provisions included elsewhere in this Act. The
conferees further note that the stated purpose of this
provision is indeed an important matter--maritime security in
the Arabian Sea, Arabian Gulf, and Mediterranean Sea are
critical to U.S. national security interests and the global
marketplace.
Report on efforts to combat Boko Haram in Nigeria and the Lake Chad
Basin
The House amendment contained a provision (sec. 1259W)
that would express a sense of Congress and require the
Secretary of Defense, the Secretary of State, and the Attorney
General to jointly submit to Congress a report on efforts to
combat Boko Haram against the people of Nigeria and the Lake
Chad Basin.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the ongoing violence and
abhorrent human rights violations perpetrated by the terrorist
group Boko Haram against the people of the Lake Chad Basin
region of Africa poses a threat to the regional stability and
to the security interests of the United States associated with
ongoing violence and the gross human rights violations against
the people of the Lake Chad Basin carried out by Boko Haram and
the need to investigate and prosecute such violations. The
conferees also note the need to bring to justice those
responsible for such atrocities should be brought to justice.
The conferees recognize the shared commitment of the United
States and countries of the Lake Chad Basin to combat Boko
Haram and expect the Secretary of Defense to update the
Committees on Armed Services of the House of Representatives
and the Senate periodically on the Department's activities in
this regard.
Security cooperation enhancement fund
The Senate bill contained a provision (sec. 1260) that
would create a central fund for the security cooperation
programs and activities of the Department of Defense.
The House amendment contained no similar provision.
The Senate recedes.
Coordination between Department of Defense and Department of State on
certain security cooperation and security assistance programs
and activities
The Senate bill contained a provision (sec. 1264) that
would require the Secretary of Defense and the Secretary of
State not later than 90 days after enactment of this Act to
establish interim regulations and, not later than 270 days
after enactment of this Act, final regulations, to establish a
formal process for the two Departments on all matters relating
to the policy, planning, and implementation of security
cooperation programs and activities as specified in the Act.
The House amendment contained no similar provision.
The Senate recedes.
United Nations processing center in Erbil, Iraqi Kurdistan, to assist
internationally-displaced communities
The House amendment contained a provision (sec. 1227)
that would seek the establishment of a United Nations
processing center in Erbil, Iraqi Kurdistan, to assist
internationally-displaced communities through the voice and
vote of the United States at the United Nations.
The Senate bill contained no similar provision.
The House recedes.
Title XIII--Cooperative Threat Reduction
Specification of Cooperative Threat Reduction funds (sec. 1301)
The Senate bill contained a provision (sec. 1301) that
would authorize funds to be appropriated by the Department of
Defense for the Cooperative Threat Reduction Program.
The House amendment contained an identical provision
(sec. 1301).
The conference agreement includes this provision.
Funding allocations (sec. 1302)
The Senate bill contained a provision (sec. 1302) that
would allocate funding for the Cooperative Threat Reduction
program from within the overall $325.6 million that the
committee would authorize for the CTR Program. The allocation
under this section reflects the amount of the budget request
for fiscal year 2017.
The House amendment contained a similar provision (sec.
1302) that would allocate funding for the Cooperative Threat
Reduction program at $325.6 million, including for certain
specific purposes. In addition, the House amendment would also
extend certain notification requirements, which would allow the
committee to enhance its oversight of proposed CTR projects.
Further, it would require a new determination as to whether
other authorities are also available to the Secretary of
Defense, and other Secretaries as applicable, and if they
exist, an explanation for why the Secretaries were not able to
use them for a specific proposed project.
The Senate recedes.
Limitation on availability of funds for Cooperative Threat Reduction in
People's Republic of China (sec. 1303)
The House amendment contained a provision (sec. 1303)
that would ensure Cooperative Threat Reduction funds are
obligated or expended in quarterly installments. The provision
would further require that the Secretary of Defense not
obligate or expend funds for CTR activities in China unless he
has submitted to the specific congressional committees a
certification regarding certain nonproliferation benchmarks
(including the arrest of Li Fangwei, also known as ``Karl
Lee'') with respect to China.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that requires
obligation or expenditure of such funds in semiannual
installments. The amendment further requires that 15 days
before funds are obligated, the Secretary of Defense shall
submit to the congressional defense committees, the House
Foreign Affairs Committee and the Senate Committee on Foreign
Affairs the report on such activities as required by section 50
United States Code 3711(g). In addition to the matters required
by 50 United States Code 3711(g), each report shall include in
coordination with the Secretary of State whether China has
taken material steps to disrupt proliferation activities of Li
Fangwei; and arrest Li Fangwei pursuant to an indictment
charged in the United States District Court of New York on
April 29, 2014; and whether China has proliferated to any non-
nuclear weapons state or any nuclear weapons state in violation
of the Treaty on Non-Proliferation of Nuclear Weapons including
any item that contributes to a ballistic missile as well as the
number and type of demarches with respect to the above matters.
Title XIV--Other Authorizations
Subtitle A--Military Programs
Working Capital Funds (sec. 1401)
The Senate bill contained a provision (sec. 1401) that
would authorize appropriations for Defense Working Capital
Funds at the levels identified in section 4501 of division D of
this Act.
The House amendment contained an identical provision
(sec. 1401).
The conference agreement includes this provision.
Chemical Agents and Munitions Destruction, Defense (sec. 1402)
The Senate bill contained a provision (sec. 1402) that
would authorize the appropriations for Chemical Agents and
Munitions Destruction, Defense, at levels identified in section
4501 of division D of this Act.
The House amendment contained an identical provision
(sec. 1403).
The conference agreement includes this provision.
Drug Interdiction and Counter-Drug Activities, Defense-Wide (sec. 1403)
The Senate bill contained a provision (sec. 1403) that
would authorize appropriations for Drug Interdiction and
Counter-Drug Activities, Defense-Wide at the levels identified
in section 4501 of division D of this Act.
The House amendment contained an identical provision
(sec. 1404).
The conference agreement includes this provision.
Defense Inspector General (sec. 1404)
The Senate bill contained a provision (sec. 1404) that
would authorize appropriations for the Office of the Inspector
General at the levels identified in section 4501 of division D
of this Act.
The House amendment contained an identical provision
(sec. 1405).
The conference agreement includes this provision.
Defense Health Program (sec. 1405)
The Senate bill contained a provision (sec. 1405) that
would authorize appropriations for the Defense Health Program
activities at the levels identified in section 4501 of division
D of this Act.
The House amendment contained an identical provision
(sec. 1406).
The conference agreement includes this provision.
Subtitle B--National Defense Stockpile
Authority to dispose of certain materials from and to acquire
additional materials for the National Defense Stockpile (sec.
1411)
The Senate bill contained a provision (sec. 1412) that
would require the National Defense Stockpile (NDS) Manager to
dispose of specific rare earth elements (REE) while also
allowing funds available in the National Defense Stockpile
Transaction Fund to be used for the acquisition of other
materials.
The House amendment contained a similar provision (sec.
1411) that would grant permissive authority to the NDS Manager
to dispose of specific REE while also allowing funds available
in the NDS Transaction Fund to be used for the acquisition of
other materials.
The Senate recedes.
The conferees note that REE acquisitions would alleviate
some defense supply chain vulnerability as well as mitigate
some risk of foreign reliance for REE and critical materials.
National Defense Stockpile matters (sec. 1412)
The Senate bill contained a provision (sec. 1411) that
would amend section 4 of the Strategic and Critical Materials
Stock Piling Act, title 50 United States Code, to provide the
authority to recover, acquire, recycle, and manage the disposal
of excess and recyclable strategic and critical materials
containing rare earth elements (REE) from other federal
agencies, including the Department of Defense. The provision
would also enable the National Defense Stockpile (NDS) Manager
to fund the qualification of domestically-produced strategic
materials and REE, which could provide significant cost savings
to DOD compared to foreign REE.
The House amendment contained a similar provision (sec.
1412).
The House recedes.
The conferees strongly believe that enabling the NDS to
qualify domestic materials and create substitutions could
provide a significant risk mitigation for DOD's supply chain
and reduce the reliance upon foreign-sourced REE, along with
cost-effective domestic and strategic alternatives.
Additionally, the conferees strongly encourage DOD to use
its authority to recycle previously discarded items such as
unclassified electronic waste, fluorescent lamps, batteries,
magnets, and thermal barrier coatings in order to extract,
reclaim, and reuse critical materials and REE to address DOD
requirements.
Subtitle C--Chemical Demilitarization Matters
National Academies of Sciences study on conventional munitions
demilitarization alternative technologies (sec. 1421)
The Senate bill contained a provision (sec. 1422) that
would require the Secretary of the Army in concurrence with the
Board on Army Science and Technology of the National Academies
of Sciences, Engineering, and Medicine to conduct a study of
the conventional munitions demilitarization program of the
Department of Defense.
The House amendment contained no similar provision.
The House recedes.
Subtitle D--Other Matters
Authority for transfer of funds to Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund for Captain James A. Lovell Health Care Center, Illinois
(sec. 1431)
The Senate bill contained a provision (sec. 1431) that
would authorize the Secretary of Defense to transfer $122.4
million to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund for
operations of the Captain James A. Lovell Federal Health Care
Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities.
The House amendment contained a similar provision (sec.
1421).
The Senate recedes.
Authorization of appropriations for Armed Forces Retirement Home (sec.
1432)
The Senate bill contained a provision (sec. 1432) that
would authorize appropriations of $64.3 million for the Armed
Forces Retirement Home for fiscal year 2017.
The House amendment contained an identical provision
(sec. 1422).
The conference agreement includes this provision.
Legislative Provisions Not Adopted
National Defense Sealift Fund
The House amendment contained a provision (sec. 1402)
that would authorize appropriations for the National Defense
Sealift Fund at the levels identified in section 4501 of the
House amendment.
The Senate bill contained no similar provision.
The House recedes.
National Sea-Based Deterrence Fund
The House amendment contained a provision (sec. 1407)
that would authorize appropriations for the National Sea-Based
Deterrence Fund at the levels identified in section 4501 of the
House amendment.
The Senate bill contained no similar provision.
The House recedes.
Security Cooperation Enhancement Fund
The Senate bill contained a provision (sec. 1406) that
authorized appropriations for the Security Cooperation
Enhancement Fund activities at the levels identified in section
4501 of division D of this Act.
The House amendment contained no similar provision.
The Senate recedes.
Title XV--Authorization of Additional Appropriations for Overseas
Contingency Operations
Subtitle A--Authorization of Appropriations
Purpose and treatment of certain authorizations of appropriations (sec.
1501)
The Senate bill contained a provision (sec. 1501) that
would establish this title and make authorization of
appropriations available upon enactment of this Act for the
Department of Defense, in addition to amounts otherwise
authorized in this Act.
The House amendment contained a similar provision (sec.
1501).
The Senate recedes.
Procurement (sec. 1502)
The Senate bill contained a provision (sec. 1503) that
would authorize additional appropriations for Procurement at
the levels identified in section 4102 of division D of this
Act.
The House amendment contained a similar provision (sec.
1502).
The Senate recedes.
Research, development, test, and evaluation (sec. 1503)
The Senate bill contained a provision (sec. 1504) that
would authorize additional appropriations for Research,
Development, Test, and Evaluation at the levels identified in
section 4202 of division D of this Act.
The House amendment contained a similar provision (sec.
1503).
The Senate recedes.
Operation and maintenance (sec. 1504)
The Senate bill contained a provision (sec. 1505) that
would authorize the additional appropriations for operation and
maintenance activities.
The House amendment contained a similar provision (sec.
1504) that would authorize additional appropriations for
operation and maintenance programs at the levels identified in
section 4302 and section 4303 of division D of the amendment.
This section would limit the appropriations for operation and
maintenance identified in section 4302 to only be available for
obligation until April 30, 2017.
The Senate recedes with an amendment that would allow
funds to be available through the entirety of the fiscal year.
Military personnel (sec. 1505)
The Senate bill contained a provision (sec. 1506) that
would authorize the additional appropriations for military
personnel activities.
The House amendment contained a similar provision (sec.
1505) would authorize additional appropriations for military
personnel programs at the levels identified in section 4402 and
section 4403 of division D of the amendment. This section would
limit the appropriations for military personnel activities
identified in section 4402 to only be available for obligation
until April 30, 2017.
The Senate recedes with an amendment that would allow
funds to be available through the entirety of the fiscal year.
Working capital funds (sec. 1506)
The Senate bill contained a provision (sec. 1507) that
would authorize the additional appropriations for the Defense
Working Capital Funds.
The House amendment contained a similar provision (sec.
1506) would authorize additional appropriations for Defense
Working Capital Funds at the levels identified in section 4502
of division D of the amendment. This section would limit the
appropriations for the Defense Working Capital Funds to only be
available for obligation until April 30, 2017.
The House recedes.
Drug Interdiction and Counter-Drug Activities, Defense-wide (sec. 1507)
The Senate bill contained a provision (sec. 1508) that
would authorize additional appropriations for Drug Interdiction
and Counterdrug Activities, Defense-Wide at the levels
identified in section 4502 of division D of this Act.
The House amendment contained a similar provision (sec.
1507).
The Senate recedes.
Defense Inspector General (sec. 1508)
The Senate bill contained a provision (sec. 1509) that
would authorize additional appropriations for the Office of the
Inspector General at the levels identified in section 4502 of
division D of this Act.
The House amendment contained an identical provision
(sec. 1508).
The conference agreement includes this provision.
Defense Health program (sec. 1509)
The Senate bill contained a provision (sec. 1510) that
would authorize additional appropriations for the Defense
Health Program.
The House amendment contained a similar provision (sec.
1509) would authorize additional appropriations for the Defense
Health Program at the levels identified in section 4502 of
division D of the amendment. This section would limit the
appropriations for the Defense Health Program to only be
available for obligation until April 30, 2017.
The House recedes.
Subtitle B--Financial Matters
Treatment as additional authorizations (sec. 1511)
The Senate bill contained a provision (sec. 1521) that
would state that amounts authorized to be appropriated by this
title are in addition to amounts otherwise authorized to be
appropriated by this Act.
The House amendment contained an identical provision
(sec. 1521).
The conference agreement includes this provision.
Special transfer authority (sec. 1512)
The Senate bill contained a provision (sec. 1522) that
would allow the Secretary of Defense to transfer up to $3.5
billion of overseas contingency operation funding authorized
for fiscal year 2017 in this title to unforeseen higher
priority needs in accordance with normal reprogramming
procedures.
The House amendment contained a similar provision (sec.
1522) that would authorize the transfer of up to $4.5 billion
of additional war-related funding authorizations in this title
among the accounts in this title.
The Senate recedes with an amendment that would allow the
Secretary of Defense to transfer up to $3.5 billion of overseas
contingency operation funding authorized for fiscal year 2017
in this title to unforeseen higher priority needs in accordance
with normal reprogramming procedures.
Subtitle C--Limitations, Reports, and Other Matters
Afghanistan Security Forces Fund (sec. 1521)
The Senate bill contained a provision (sec. 1533) that
would require that amounts authorized for the Afghanistan
Security Forces Fund (ASFF) for fiscal year 2017 continue to be
subject to the conditions specified in subsections (b) through
(g) of section 1513 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2008
Public Law 110-181), as amended. The provision would extend the
authority under subsection 1532(b) of the National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291) to
accept certain equipment procured using ASFF funds and to treat
such equipment as Department of Defense stocks as well as the
goal of using $25.0 million to support to the extent
practicable the efforts of the Government of Afghanistan to
promote the security of Afghan women and girls and report on a
plan to promote the security of Afghan women as required by
section 1531 of the National Defense Authorization Act of 2016.
The House amendment contained a similar provision (sec.
1531).
The House recedes with a technical amendment.
Joint Improvised Explosive Device Defeat Fund (sec. 1522)
The House amendment contained a provision (sec. 1532)
that would modify subsection 1532(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) to
extend the use and transfer authority for the Joint Improvised
Explosive Device Defeat Fund (JIEDDF) through fiscal year 2017.
It would also modify section 1532(c) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239) to
expand the foreign governments to whom assistance may be
provided in order to counter the flow of improvised explosive
device (IED) precursor chemicals.
The Senate bill contained a similar provision (sec. 1531)
that would extend the use and transfer authority for the JIEDDF
for one year.
The Senate recedes with an amendment to modify and expand
the reporting requirements under section 1532(c).
The conferees expect the expanded IED precursor chemical
authority to be focused on efforts to counter the Islamic State
of Iraq and the Levant. The conferees direct the Secretary of
Defense to brief the congressional defense committees, not
later than 90 days after enactment of this Act, regarding
utilization of the IED precursor chemical authority to date,
the plans for future employment of the authority, and a
discussion of additional authorities that would be useful to
the efforts to stem the flow of IED precursor chemicals and
components.
Furthermore, the conferees note that Section 1532(c) of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92), required a plan for transition of the
Joint Improvised-Threat Defeat Agency (JIDA) activities,
functions, and resources to an existing military department or
Defense Agency. On January 29, 2016, the congressional defense
committees were notified by the Under Secretary of Defense for
Acquisition, Technology and Logistics that the entirety of
activities, functions, and resources of JIDA would transition
under the authority, direction, and control of the Defense
Threat Reduction Agency (DTRA) not later than September 30,
2016 as the Joint Improvised-Threat Defeat Organization (JIDO).
The conferees support the transition of JIDA as JIDO
under the authority, direction, and control of DTRA.
Integration of the roles, mission, and activities of JIDA under
DTRA should result in reduced overhead management costs while
maintaining core competencies of each entity in order to
respond to warfighter needs. The conferees commend the
identification of potential areas to reduce overhead costs and
achieve efficiencies in the transition plan submitted on August
21, 2016. However, the conferees note the lack of detail
regarding the processes used to integrate cost reduction
efforts into the ongoing transition plan needed to realize
savings and efficiencies.
The conferees recognize the transition will impact both
DTRA's and JIDA's organizational construct. The conferees also
recognize that the transition and associated efficiencies may
warrant changes in JIDA's leadership construct and associated
billets as JIDA becomes an organization under the authority,
direction, and control of DTRA.
Therefore, the conferees direct the Under Secretary of
Defense for Acquisition, Technology and Logistics to brief the
congressional defense committees, not later than 60 days after
enactment of this act, on the implementation of the transition
of JIDA to DTRA as JIDO. The briefing shall include a progress
report on the overhead cost reductions and efficiencies as well
as cost reduction processes identified in the transition plan,
an identification of efficiencies expected to be achieved in
addition to those identified in the initial transition plan,
the organizational and command and control constructs of DTRA
and JIDO, an overview of the combined budget estimations across
the Future Years Defense Program, and a description of how the
core competencies of both DTRA and JIDO are being retained in
order to fulfill designated missions and respond to warfighter
needs.
Extension of authority to use Joint Improvised Explosive Device Defeat
Fund for training of foreign security forces to defeat
improvised explosive devices (sec. 1523)
The House amendment contained a provision (sec. 1533)
that would modify section 1533(e) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) by
extending the Authority to use the Joint Improvised Explosive
Device Defeat Fund for training of foreign security forces to
defeat improvised explosive devices and precursor chemicals
from September 30, 2018, to September 30, 2020.
The Senate bill contained no similar provision.
The Senate recedes.
Overseas contingency operations (sec. 1524)
The Senate bill contained a provision (sec. 1502) that
would designate authorization of appropriations in this section
as overseas contingency operations.
The House amendment contained no similar provision.
The House recedes.
Extension and modification of authorities on Counterterrorism
Partnerships Fund (sec. 1525)
The Senate bill contained a provision (sec. 1532) that
would modify and extend for 1 fiscal year section 1534 of the
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291).
The House amendment contained no similar provision.
The House recedes.
Legislative Provisions Not Adopted
Counterterrorism Partnerships Fund
The House amendment included a provision (sec. 1510) that
would authorize additional appropriations for the
Counterterrorism Partnerships Fund (CTPF).
The Senate bill included no similar provision.
The House recedes.
The conferees note that elsewhere in this Act, funding
requested by the Department of Defense for the CTPF was
transferred to Operations and Maintenance, Defense-Wide,
Defense Security Cooperation Agency, consistent with the reform
of the Department of Defense's security cooperation programs
and associated funding. It is the intent of the conferees that
the CTPF funding transferred to the Defense Security
Cooperation Agency be available for the purposes authorized in
chapter 16 of title 10, United States Code as added elsewhere
in this Act.
Security Cooperation Enhancement Fund
The Senate bill contained a provision (sec. 1511) that
authorized appropriations for the Security Cooperation
Enhancement Fund activities at the levels identified in section
4502 of division D of this Act.
The House bill contained no similar provision.
The Senate recedes.
Codification of Office of Management and Budget criteria
The House amendment contained a provision (sec. 1523)
that would delineate guidance for the Secretary of Defense when
submitting requests for overseas contingency operations.
The Senate bill contained no similar provision.
The House recedes.
Title XVI--Strategic Programs, Cyber, and Intelligence Matters
Subtitle A--Space Activities
Repeal of provision permitting the use of rocket engines from the
Russian Federation for the evolved expendable launch vehicle
program (sec. 1601)
The Senate bill contained a provision (sec. 1038) that
would repeal section 8048 of the Department of Defense
Appropriations Act, Fiscal Year 2016 (division C, Public Law
114-113; 129 Stat. 2363).
The House amendment contained no similar provision.
The House recedes.
Exception to the prohibition on contracting with Russian suppliers of
rocket engines for the evolved expendable launch vehicle
program (sec. 1602)
The House amendment contained a provision (sec. 1602)
that would modify section 1608 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291), as amended by section 1607 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) by striking subsection (c) and inserting a
new subsection. The new subsection would state that the
prohibition would not apply to either the placement of orders
or exercise of options under the contract numbered FA8811-13-C-
0003 and awarded on December 18, 2013, or contracts that are
awarded 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 manufactured engines to
which paragraph (1) applies.
The Senate bill contained a similar provision (sec. 829B)
that would allow until December 31, 2022, the Secretary of
Defense to award contracts to launch providers of launch
services that intends to use any certified launch vehicle in
its inventory without regard to the country of origin of the
rocket engine that will be used on that launch vehicle. The
provision would limit the total number of rocket engines
designed or manufactured in the Russian Federation to not more
than eighteen.
The Senate recedes with an amendment that would adopt the
House language and prohibit the award of a contract requiring a
rocket engine designed or manufactured in the Russian
Federation after December 31, 2022.
Rocket propulsion system to replace RD-180 (sec. 1603)
The House amendment contained a provision (sec. 1601)
that would modify section 1604 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291), as amended by section 1606 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92).
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Plan for use of allied launch vehicles (sec. 1604)
The Senate bill contained a provision (sec. 1602) that
would require the Commander of the Air Force Space Command to
develop a contingency plan for using allied space launch
vehicles to meet assured access to space requirements should
the Department of Defense not be able to meet those
requirements, for a limited period of time, using only United
States launch vehicles.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to coordinate the required plan with
the Director of National Intelligence. The amendment would
require the required plan assess the relevant laws,
regulations, and policies governing the launch of national
security satellites and whether any legislative, 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. The amendment also
requires an assessment of 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.
The conferees note that the term ``allied launch
vehicle'' explicitly prohibits the consideration of space
launch vehicles from Russia, China, Iran, and North Korea.
The conferees expect that the Secretary and Director take
into consideration the findings of the related study of options
for a backup plan for assured access to space as identified in
the Fiscal Year 2016 National Defense Authorization Act Joint
Explanatory Statement.
Analysis of alternatives for wide-band communications (sec. 1605)
The House amendment contained a provision (sec. 1603)
that would amend section 1611 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) by
striking subsection (b) and would insert a requirement for the
Secretary of Defense to develop study guidance for the analysis
of alternatives for wide-band communications to consider the
full range of military and commercial satellite communications
capabilities, acquisition processes, and service delivery
models. The provision would also require the Secretary to
ensure that any cost assessments of military or commercial
satellite communications systems include detailed full life
cycle costs, as applicable, including but not limited to
military personnel, military construction, military
infrastructure operation, maintenance costs, and ground and
user terminal impacts; and to also identify any considerations
relating to the use of military versus commercial systems for
wide-band satellite communications. The provision would also
direct the Comptroller General of the United States to assess
the sufficiency of the study.
The Senate bill contained a similar provision (sec. 1608)
that would require the Comptroller General to assess the types
of analyses the Department of Defense has conducted to
understand the costs and benefits of the use of KA-band
commercial satellite communications by the department.
The Senate recedes with an amendment that would combine
the Senate and House provisions.
Modification to pilot program for acquisition of commercial satellite
communications services (sec. 1606)
The Senate bill contained a provision (sec. 1601) that
would amend section 1605 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291) to prohibit the obligation or
expenditure of any funding made available until the Secretary
of Defense submits to the congressional defense committees a
plan to demonstrate that the pilot program will achieve order-
of-magnitude improvements in satellite communications
capability.
The House amendment contained a similar provision (sec.
1604) that would also amend section 1605 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291), as amended by
section 1612 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92), by adding a requirement
that in developing and carrying out the pilot program, the
Secretary shall take actions to begin the implementation of
each specified goal by not later than September 30, 2017.
The House recedes with an amendment that would merge the
two provisions and prohibit the obligation or expenditure of 5
percent of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2017 for the
headquarters of Air Force Space Command until the Secretary of
Defense submits a plan to demonstrate that the pilot program
will achieve order-of-magnitude improvements in satellite
communications capability.
The conferees agree that the pilot program and
pathfinders are separate but complementary efforts. The
conferees direct the Secretary of Defense to provide a briefing
to the Congressional Defense committees by December 1, 2016 on
the status of the pilot program and pathfinder activities,
including an implementation timeline and an identification of
any implementation challenges and options to address them.
Space-based environmental monitoring (sec. 1607)
The House amendment contained a provision (sec. 1605)
that would direct the Secretary of Defense and the Director of
the National Oceanic and Atmospheric Administration (NOAA) to
establish mechanisms to collaborate and coordinate in defining
the roles and responsibilities of the Department of Defense and
NOAA with regards to carrying out space-based environmental
monitoring and planning for future non-governmental space-based
environmental monitoring capabilities.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
The conferees note that this is not an authorization for
a joint satellite program of the Department of Defense and
NOAA.
Prohibition on use of certain non-allied positioning, navigation, and
timing systems (sec. 1608)
The House amendment contained a provision (sec. 1606)
that would require that, not later than 60 days after the date
of the enactment of this Act, 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 a service provided by such a system. This
requirement would sunset on September 30, 2018.
The provision would also provide that the Secretary of
Defense may waive the prohibition if the Secretary determines
it is in the national security interest of the United States
and is necessary to mitigate exigent operational concerns, and
notifies the appropriate congressional committees in writing
and a period of 30 days has elapsed from the date of such
notification.
The provision would further require the Secretary of
Defense, Chairman of the Joint Chiefs of Staff, and the
Director of National Intelligence to submit to the
congressional defense committees and the congressional
intelligence committees not later than 120 days after the date
of the enactment of this Act 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.
The Senate bill contained no similar provision.
The Senate recedes.
Limitation of availability of funds for the Joint Space Operations
Center Mission System (sec. 1609)
The House amendment contained a provision (sec. 1607)
that would limit 75 percent 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 program, until the Secretary of the Air Force,
in coordination with the Commander of the U.S. Strategic
Command, submits to the congressional defense committees a
report on such increment.
The Senate bill contained a similar provision (sec. 1609)
that would limit the use of funds for increment 3 of the Joint
Space Operations Center Mission System until the Secretary of
the Air Force submits to the congressional defense committees a
report setting forth a strategy for acquiring a common software
and hardware framework for battle management, communication,
and control.
The Senate recedes with an amendment that would combine
the conditions of both provisions into one reporting
requirement.
The conferees do not expect to restrict the study
activities to develop the plan for the JMS increment 3 space
battle management, communications, and control.
Limitation on availability of funds for the Global Positioning System
Next Generation Operational Control System (sec. 1610)
The Senate bill contained a provision (sec. 1610) that
would restrict the obligation or expenditure of amounts
authorized to be appropriated for fiscal year 2017 and
available for the current product development contract for the
Global Positioning System Next Generation Operational Control
System (GPS-OCX) until the Secretary of Defense submits to
Congress the certification required under section 2433a(c)(2),
title 10, United States Code, commonly referred to as a Nunn-
McCurdy certification.
The House amendment contained no similar provision.
The House recedes with an amendment that would impose
spending limitations subject to certain certifications and
briefings to Congress.
Availability of funds for certain secure voice conferencing
capabilities (sec. 1611)
The Senate bill contained a provision (sec. 1612) that
would authorize up to $10.2 million in Air Force research,
development, test, and evaluation funds from fiscal year 2015
or 2016 for the Presidential 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.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
The conferees direct the Co-Chairmen of the Council on
Oversight of the National Leadership Command, Control, and
Communications System to provide a report to the congressional
defense committees, not later than 180 days after the date of
the enactment of this Act, on the requirements and gaps, if
any, for manpower to operate and sustain and to modernize the
national leadership communications system. Such report shall
detail the requirements and gaps, if any, by each agency
comprising the national leadership communications system; the
plan to close those gaps including through the use of existing
hiring and retention authorities; the related estimated costs
of such plan; the requirements and gaps broken down by job
activity and geographic region. The report required should
explicitly detail any recommendations or requirements for new
hiring and retention authorities that may be required to assist
the Department in closing any gaps identified by the Council.
The co-chairmen of the Council shall provide a briefing to the
congressional defense committees on their preliminary findings
and recommendations not later than 90 days after the date of
the enactment of this Act.
Space-based infrared system and advanced extremely high frequency
program (sec. 1612)
The House amendment contained a provision (sec. 1608)
that would restrict the Secretary of Defense from developing or
acquiring an alternative to the space-based infrared system
program of record, as well as developing or acquiring an
alternative to the advanced extremely high frequency program of
record, until the Commander of U.S. Strategic Command and the
Director of the Space Security and Defense Program, in
coordination with the Defense Intelligence Officer for Science
and Technology of the Defense Intelligence Agency, jointly
submit an assessment to the appropriate congressional
committees of the resilience and mission assurance of each
alternative considered for the respective programs.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Pilot program on commercial weather data (sec. 1613)
The House amendment contained a provision (sec. 1610)
that would direct the Secretary of Defense to establish a pilot
program to assess the viability of commercial satellite weather
data to support requirements of the Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Plans on transfer of acquisition and funding authority of certain
weather missions to National Reconnaissance Office (sec. 1614)
The House amendment contained a provision (sec. 1609)
that would limit 50 percent of the funding for the weather
satellite follow-on program until the Secretary of the Air
Force submits to the appropriate committees a plan for the Air
Force to transfer, beginning with fiscal year 2018, the
acquisition authority and the funding authority for certain
space-based environmental monitoring missions from the Air
Force to the National Reconnaissance Office (NRO), including a
description of the amount of funds that would be necessary to
be transferred from the Air Force to the NRO during fiscal
years 2018 through 2022 to carry out such plan.
The provision would direct the Director of the NRO to
develop a plan to carry out certain space-based environmental
monitoring missions. The provision would also require the
Director of the Cost Assessment Improvement Group of the Office
of the Director of National Intelligence, in coordination with
the Director of the Cost Assessment and Program Evaluation of
the Office of the Secretary of Defense, to certify the funding
identified by the Secretary of the Air Force and the Director
of the NRO is sufficient.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Secretary of the Air Force and the Director of the NRO to waive
the limitation and requirement for a plan if the Under
Secretary of Defense for Acquisition, Technology, and Logistics
and the Chairman of the Joint Chiefs of Staff jointly certify
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.
Five-year plan for Joint Interagency Combined Space Operations Center
(sec. 1615)
The Senate bill contained a provision (sec. 1604) that
would require the Secretary of Defense to submit a 5-year plan
for the Joint Interagency Combined Space Operations Center.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to coordinate the required plan with
the Director of National Intelligence. The amendment would also
require that the plan be provided to the appropriate
congressional committees within 90 days and that it include a
description of the command and control of the related
operations of the Joint Interagency Combined Space Operations
Center.
Organization and management of national security space activities of
the Department of Defense (sec. 1616)
The House amendment contained a provision (sec. 1611)
that would state findings and the sense of Congress on the
organization and management of the national security space
activities of the Department of Defense. The provision would
also direct the Secretary of Defense and the Director of the
Office of Management and Budget to each separately submit a
report to the appropriate committees not later than 180 days
after the date of the enactment of this Act on the
recommendations to strengthen the leadership, management, and
organization of the Department of Defense with respect to the
national security space activities of the Department.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the reports required address the findings covered in the report
of the Comptroller General of the United States numbered GAO-
16-592R regarding space acquisition and oversight of the
Department of Defense.
Review of charter of Operationally Responsive Space Program Office
(sec. 1617)
The House amendment contained a provision (sec. 1612)
that would direct the Secretary of Defense to conduct a review
of the Operationally Responsive Space Program Office and submit
a report to the congressional defense committees not later than
180 days after the date of the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes.
Backup and complementary positioning, navigation, and timing
capabilities of Global Positioning System (sec. 1618)
The House amendment contained a provision (sec. 1613)
that would direct the Secretary of Defense, Secretary of
Transportation, and Secretary of Homeland Security to jointly
conduct a study to assess and identify the technology-neutral
requirements to backup and complement the positioning,
navigation, and timing (PNT) capabilities of the Global
Positioning System for national security and critical
infrastructure. The provision would also direct the Secretary
of Defense, Secretary of Transportation, and Secretary of
Homeland Security to submit a report to the appropriate
congressional committees not later than 1 year after the date
of the enactment of this Act on the study.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would expand
upon the analysis of alternative requirements.
The conferees assert that each Department should only
fund activities which meet their own respective requirements.
Report on use of spacecraft assets of the space-based infrared system
wide-field-of-view program (sec. 1619)
The House amendment contained a provision (sec. 1614)
that would direct the Secretary of Defense, in coordination
with the Director of National Intelligence, to submit a report
on the 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 intelligence community.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Provision of certain information to Government Accountability Office by
National Reconnaissance Office (sec. 1620)
The Senate bill contained a provision (sec. 1606) that
would require the Comptroller General of the United States to
conduct an assessment, for calendar year 2017 and each calendar
year thereafter, of the cost, schedule, and performance of each
program of the National Reconnaissance Office (NRO) for
developing, acquiring, launching, and deploying satellites or
overhead reconnaissance systems that receive funding from the
Military Intelligence Program or is supported by personnel of
the Department of Defense. The provision would also direct the
director of the NRO to provide the Comptroller General access,
in a timely manner, to the information the Comptroller General
requires to conduct the assessment.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Director of the NRO provide access to the Comptroller
General of the United States, in a timely manner, to the cost,
schedule, and performance information the Comptroller General
requires to conduct assessments, as required by any of the
appropriate congressional committees, of programs of the NRO.
The conferees note that the committees of jurisdiction
recognize the unique security requirements associated with
classified and compartmented programs and activities. Access by
the Comptroller General to such programs of the NRO will be
carefully reviewed, similar to the manner of such access to
such programs of the Department of Defense. Such access will be
considered by the committees on a case-by-case basis.
Cost-benefit analysis of commercial use of excess ballistic missile
solid rocket motors (sec. 1621)
The Senate bill contained a provision (sec. 1607) that
would require the Comptroller General of the United States to
conduct an analysis of the cost and benefits of allowing the
use of excess ballistic missile solid rocket motors for
commercial space launch purposes. The analysis would include an
evaluation of the effect 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.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Comptroller General to provide an interim briefing on March
17, 2017 and a final briefing not later than 180 days after the
date of enactment of this Act.
Independent assessment of Global Positioning System Next Generation
Operational Control System (sec. 1622)
The Senate bill contained a provision (sec. 1605) that
would require the Secretary of Defense to enter into an
agreement with a federally funded research and development
center to review the acquisition strategy for the Next
Generation Operational Control System for the Global
Positioning System.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense, not later than 60 days after the date
of the enactment of this act, to enter into an arrangement with
a federally funded research and development center, or other
appropriate independent entity to review the acquisition
strategy for the Next Generation Operational Control System for
the Global Positioning System. The amendment would also add a
requirement that the independent assessment evaluate the
ability of alternative systems to satisfy the requirements of
the Department of Defense.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Report on United States Central Command Intelligence Fusion Center
(sec. 1631)
The House amendment contained a provision (sec. 1622)
that would limit funding until the Commander of the United
States Central Command submits to the appropriate committees
reports on the steps taken by the Commander to formalize and
disseminate procedures for the Intelligence Fusion Center of
the United States Central Command and on the steps taken by the
Commander to address the findings of the final report of the
Inspector General of the Department of Defense (IG).
The Senate bill contained no similar provision.
The Senate recedes with an amendment to remove the
funding limitations and the requirement to provide a report on
the findings of the final report of the Inspector General of
the Department of Defense.
The conferees urge the Inspector General of the
Department of Defense to finalize its investigation into the
Directorate for Intelligence at United States Central Command
and, if related allegations are substantiated, provide
recommendations on any corrective measures that should be
undertaken. The conferees also direct the Secretary of Defense
to provide the appropriate congressional committees a briefing
on the Department's views of the final IG report within 60 days
of the report's completion.
Prohibition on availability of funds for certain relocation activities
for NATO Intelligence Fusion Cell (sec. 1632)
The House amendment contained a provision (sec. 1623)
that would limit 15 percent of the increase in spending for
manpower for the Joint Intelligence Analysis Complex until the
Secretary of Defense provides a revised analysis of
alternatives to the congressional defense committees and the
Permanent Select Committee on Intelligence of the House of
Representatives for the basing of a new complex. The new
analysis should be based on operational requirements and costs
and informed by the findings of the report of the Comptroller
General of the United States on the Joint Intelligence Analysis
Complex cost estimating and basing decision process.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would prohibit
funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for operation and
maintenance to be obligated or expended for the procurement of
certain supplies and equipment for the relocation of the NATO
Intelligence Fusion Cell (NIFC) to Royal Air Force Base
Croughton, United Kingdom, and would also require the Secretary
of Defense in coordination with the Director of National
Intelligence to submit a report on the requirements and costs
associated with such a relocation.
Survey and review of Defense Intelligence Enterprise (sec. 1633)
The Senate bill contained a provision (sec. 1671) that
would require the Chairman of the Joint Chiefs of Staff to
conduct a review 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 to meet
present and future defense intelligence requirements and to
report to appropriate congressional committees.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle C--Cyberspace-Related Matters
Special emergency procurement authority to facilitate the defense
against or recovery from a cyber attack (sec. 1641)
The House amendment contained a provision (sec. 1631)
that would modify the current special procurement authority in
section 1903(a)(2) of title 41, United States Code, to include
use of such authority for recovery from or defense against
cyber attacks.
The Senate bill contained a similar provision (sec. 829C)
to provide special emergency procurement authority in title 10,
United States Code.
The Senate recedes.
Limitation on termination of dual-hat arrangement for Command of the
United States Cyber Command (sec. 1642)
The Senate bill contained a provision (sec. 1633) that
would express the sense of Congress that the arrangement
(commonly referred to as a ``dual-hat arrangement'') under
which the Commander of the United States Cyber Command
(CYBERCOM) also serves as the Director of the National Security
Agency is in the national security interests of the United
States. The provision would also prohibit the Secretary of
Defense from taking action to end the ``dual-hat arrangement''
until the Secretary and the Chairman of the Joint Chiefs of
Staff jointly determine and certify to the appropriate
committees of Congress that ending that arrangement will not
pose unacceptable risks to the military effectiveness of
CYBERCOM. The provision would also require the establishment of
conditions-based criteria for assessing the need to sustain the
``dual-hat arrangement.''
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Cyber mission forces matters (sec. 1643)
The Senate bill contained a provision (sec. 1632) that
would provide interim authorities to the Secretary of Defense
to enhance the Department's ability to hire and retain civilian
personnel with the high-level of skill and aptitude necessary
to provide critical technical support to the Cyber Mission
Teams that are now nearing full operational capability. The
provision also would direct the Principal Cyber Advisor to (1)
supervise the development of training standards and capacity to
train civilian cyber personnel to develop tools and weapons for
the Cyber Mission Forces and (2) ensure that sufficient
priority exists for the timely completion of security clearance
investigations and adjudications for such personnel.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Requirement to enter into agreements relating to use of cyber
opposition forces (sec. 1644)
The House amendment contained a provision (sec. 1633)
that would require the Secretary of Defense to enter into
agreements with each combatant command relating to the use of
cyber opposition forces by September 30, 2017. This section
would also require the development of a joint certification and
training standard for cyber opposition forces by March 31,
2017.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would include
an additional requirement for the Secretary of Defense to issue
a joint training and certification standard by June 30, 2017
for the protection of control systems for use by all cyber
operations forces within the Department of Defense.
Cyber protection support for Department of Defense personnel in
positions highly vulnerable to cyber attack (sec. 1645)
The Senate bill contained a provision (sec. 1631) that
would authorize the Secretary of Defense to provide cyber
protection support to personnel who are determined by the
Secretary to be of highest risk of vulnerability to cyber
attacks on their personal devices, networks, and persons.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
that the providing of cyber protection support is at the
discretion of the Secretary of Defense and that nothing in the
provision should be construed to encourage personnel of the
Department of Defense to use personal technology devices for
official business or to authorize cyber protection team support
for senior Department personnel using personal devices and
networks in an official capacity.
Limitation on full deployment of joint regional security stacks (sec.
1646)
The House amendment contained a provision (sec. 1634)
that would limit the amount of authorized funds available to be
obligated or expended in fiscal year 2017 for cryptographic
systems and key management infrastructure until the Secretary
of Defense, in coordination with the Director of the National
Security Agency, provides a report on the integration of the
cryptographic modernization and key management infrastructure
programs of the military departments, including a description
of how the military departments have implemented stronger
leadership, increased integration, and reduced redundancy with
respect to such modernization and programs.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would prohibit
any Department of Defense service or agency from declaring full
operational capability for deployment of joint regional
security stacks until such time as the service or agency has
completed operational test and evaluation activities to
determine the effectiveness, suitability, and survivability of
the system. The provision would allow this requirement to be
waived under certain circumstances.
The conferees direct the Department of Defense to provide
a briefing to the Armed Services Committee of the Senate and
House of Representatives, as well as the House Permanent Select
Committee on Intelligence, no later than 60 days after the
enactment of this Act, on the progress and activities of the
Communications Security Review and Advisory Board. The
conferees recognize the importance of cryptographic
modernization and key management programs with the Department
in providing critical encryption and communications security
capabilities for the Department, and remain focused on ensuring
such activities are coordinated and managed across the military
services and Defense Agencies in a reasonable manner. The
conferees encourage the Department to strengthen mechanisms
like the Communications Security Review and Advisory Board in
order to maintain oversight across the Department and deliver
those capabilities in a timely and cost effective manner.
Advisory committee on industrial security and industrial base policy
(sec. 1647)
The House amendment contained a provision (sec. 1637)
that would require the Secretary of Defense to: (1) assess the
sufficiency of the Department of Defense's regulatory
mechanisms for secure defense information held by cleared
defense contractors to determine whether there are any gaps
that may undermine the protection of such information; and (2)
prescribe regulations to improve security of such information.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would establish
an advisory committee to review, assess, and make
recommendations with respect to industrial security and
industrial base policy. The committee should meet at least
annually until its termination on September 30, 2022.
Change in name of National Defense University's Information Resources
Management College to College of Information and Cyberspace
(sec. 1648)
The House amendment contained a provision (sec. 1632)
that would modify section 2165 of title 10, United States Code,
to change the name of the Information Resources Management
College to the College of Information and Cyberspace.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Evaluation of cyber vulnerabilities of F-35 aircraft and support
systems (sec. 1649)
The Senate bill contained a provision (sec. 1635) that
would modify a provision from the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92),
requiring the Secretary of Defense to evaluate the cyber
vulnerabilities of every major Department of Defense weapons
system by not later than December 31, 2019. The provision would
do so by requiring that a complete evaluation of the F-35
aircraft and its support systems, such as the Autonomic
Logistics Information System, be completed before February 1,
2017. The provision would require the Secretary of Defense to
submit a report on the F-35 cyber vulnerability evaluation to
the congressional defense committees no later than February 28,
2017. The provision would also allow for funding to be used for
the development of tools that improve cyber vulnerability
assessments, non-recurring engineering for the design of
mitigation solutions, and Department-wide information
repositories to share assessment findings and mitigation
solutions.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the evaluation of cyber vulnerabilities of the F-35 and support
systems not later than 120 days after the date of enactment of
this act. The amendment would also require the report on the
evaluation completed to be submitted to the congressional
defense committees not later than 180 days after the date of
enactment.
Evaluation of cyber vulnerabilities of Department of Defense critical
infrastructure (sec. 1650)
The Senate bill contained a provision (sec. 1637) that
would require the Secretary of Defense to evaluate the cyber
vulnerabilities of Department of Defense critical
infrastructure by not later than December 31, 2020.
The Senate bill also contained a provision (sec. 1634)
that would authorize the Secretary of Defense to carry out a
Pilot program on application of consequence-driven, cyber-
informed engineering to mitigate against cyber-security
threats.
The House amendment contained no similar provision.
The House recedes with an amendment that would combine
the two Senate provisions.
Strategy to incorporate Army reserve component cyber protection teams
into Department of Defense cyber mission force (sec. 1651)
The House amendment contained a provision (sec. 1639)
that would require the Secretary of the Army to provide a
briefing on a strategy for incorporating Army National Guard
protection teams into the cyber mission force of the Department
of Defense.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would expand
the scope of the strategy to include both the Army National
Guard and the other reserve components of the Army.
Strategic plan for the Defense Information Systems Agency (sec. 1652)
The Senate bill contained a provision (sec. 1636) that
would require the Director of the Defense Information Systems
Agency (DISA) to develop a technology strategy.
The House amendment contained no similar provision.
The House recedes with an amendment that requires the
Director of DISA to develop a strategic plan that reviews the
requirements and missions of the agency, and assesses the
adequacy of the technology strategy, workforce, and facilities
to meet those requirements.
The conferees note that the Secretary of Defense is
making efforts to increase the department's use of and exposure
to innovative commercial information technologies and increase
outreach to innovative small businesses in locations including
Silicon Valley. Many of the technologies and systems of
interest are within the mission area of DISA.
However, the conferees note with acute concern that at
the same time this trend is occurring to seek out and exploit
new commercial innovation, DISA appears to be reducing its
support for research and technology innovation, and has limited
connectivity and coordination with other science and technology
activities of the Department of Defense. The conferees believe
that for a technology organization to eliminate its funding for
flexible exploration of new technology is short-sighted and
detrimental to the long term health of the organization. The
conferees are concerned that DISA has not adequately linked its
research and technology needs in a way to support the overall
missions of the Agency, which has repercussions on the
workforce it is able to attract, and the quality of support it
is able to provide the warfighter. To use one example, the
conferees believe that such behavior has impacted the ability
of the Agency to fully realize the benefits, as well as the
operational challenges and potentialities of emerging
technologies like cloud and mobile computing, cyber defense and
big data analytics. That impacts interactions with industry,
but the conferees also believe that DISA has not adequately
leveraged potential relationships with DOD labs and other
innovative research activities. The conferees believe that
through the process of developing a regular strategic plan, the
Director of DISA should be taking the opportunity to develop
closer coordination with appropriate research and development
organizations in the Office of the Secretary of Defense and the
Military Services to improve DISA's innovative capacity,
strengthen its R&D programs, and improve DOD's ability to adopt
the best commercial and other information technologies to
support defense missions.
Plan for information security continuous monitoring capability and
comply-to-connect policy; limitation on software licensing
(sec. 1653)
The Senate bill contained a provision (sec. 1638) that
would require the Chief Information Officer of the Department
of Defense and the Commander of United States Cyber Command, in
coordination with the Principal Cyber Adviser, to jointly
develop a plan for a modernized, enterprise-wide information
security continuous monitoring capability and a comply-to-
connect policy.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Reports on deterrence of adversaries in cyberspace (sec. 1654)
The Senate bill contained a provision (sec. 1639) that
would require the Secretary of Defense to submit a report to
the congressional defense committees specifying in detail the
authorities that have been delegated by the President to the
Secretary for conducting cyber operations. The report would
require the Secretary to detail the standing authorities and
limitations that authorize or limit the Secretary in conducting
cyber operations and how those authorities compare to the
authorities delegated to the Secretary for activities in non-
cyber domains.
The Senate bill also contained a provision (sec. 1640)
that would require the Chairman of the Joint Chiefs of Staff to
submit to the President and the congressional defense
committees a report on the military and nonmilitary options
available to the United States to deter Russia, China, Iran,
North Korea, and terrorist organizations in cyberspace. The
provision would require the report to include an assessment of
the effectiveness of the deterrence options available. It also
would require the Chairman provide an integrated priorities
list of cyber deterrence capabilities of the Department of
Defense that identify, at a minimum, high priority capability
needs prioritized across armed forces and functional lines,
risk areas, and long-term strategic planning issues. The
provision would also require within 60 days of receiving the
report from the Chairman of the Joint Chiefs of Staff, that the
President submit to the congressional defense committees a
separate report identifying when an action carried out in
cyberspace constitutes an act of war against the United States.
The report would include (1) identification of what actions
carried out in cyberspace constitute an act of war against the
United States; (2) identification of how the law of war applies
to the cyber operations of the Department of Defense; (3)
identification of the circumstances required for responding to
a cyber attack against the United States; and (4) a declaratory
policy on the use of cyber weapons by the United States.
The House amendment contained a related provision (sec.
1636) that would require the Secretary of Defense submit a
report to the congressional defense committees on the policies,
doctrine, procedures, and authorities governing Department of
Defense activities in response to malicious cyber activities
carried out against the United States or United States persons
by foreign states or non-state actors.
The House recedes with an amendment that would combine
the three related provisions.
The conferees note that in preparing the report required
by the provision the President shall consider (1) what severity
of cyber attack would elicit a military response; (2) The ways
in which the effects of a cyber attack may be equivalent to
effects of an attack using conventional kinetic weapons,
including with respect to physical destruction or casualties;
(3) intangible effects of significant scope, intensity, or
duration; and (4) how the law of neutrality applies, how the
utilization or exploitation of communications infrastructure in
neutral States applies, and what limitations, if any, apply in
exercising the right of the United States to act in self-
defense through a cyber-operation.
Sense of Congress on cyber resiliency of the networks and
communications systems of the National Guard (sec. 1655)
The House amendment contained a provision (sec. 1638)
that would assert the sense of Congress concerning cyber
resiliency of the networks and communications systems of the
National Guard.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that encourages the
National Guard to budget within National Guard resources.
Subtitle D--Nuclear Forces
Improvements to Council on Oversight of National Leadership Command,
Control, and Communications System (sec. 1661)
The Senate bill contained a provision (sec. 1652) that
would modify an existing report and add an assessment of the
readiness of the command, control, and communications system
for the national leadership of the United States.
The House amendment contained a similar provision (sec.
1641) that would require a report on space architecture
development and limits funding to make changes to the command,
control, and communications system in a manner that reduces
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.
The conference agreement includes both the House and
Senate provisions.
The General Accountability Office (GAO) in its report
titled Nuclear Command, Control, and Communications: DOD Has
Taken Steps to Address Sustainment and Maintenance Challenges
for Critical Satellite Systems but Could Better Identify Risks
and Mitigation Actions, GAO-16-370C (May 26, 2016). In that
report the GAO highlighted a number of concerns regarding
critical satellite systems used for nuclear command, control,
and communications and recommended the Department of Defense
take action to improve the identification of risks and
mitigation actions. DOD, in its official response to GAO's
report, disagreed with GAO's recommendation. The department
stated that it understood the concerns that GAO raised in
respect to risks to these systems, but stated that DOD has a
strong governance and oversight structure. The department
asserted that it believes the actions taken to date address
risk at an acceptable level with the transition of these
satellite systems to their replacement systems.
Given the concerns raised by the GAO in its report, the
conferees direct the Council on Oversight of the National
Leadership Command, Control, and Communications System to
provide a written assessment to the congressional defense
committees that details (1) the actions the department has
taken to identify the risks associated with the transition of
these critical satellite systems, (2) information about the
department's evaluation of the acceptability of each of the
identified risks, and (3) information regarding actions the
department has identified to mitigate these risks. The
committee directs the Council to provide its written assessment
to the congressional defense committees no later than February
28, 2017.
Treatment of certain sensitive information by State and local
governments (sec. 1662)
The Senate bill contained a provision (sec. 1055) that
would authorize the Secretary of Defense to designate
information as being Department of Defense critical
infrastructure security information to ensure that such
information is not disseminated without authorization.
The House amendment contained a similar provision (sec.
1642).
House recedes with technical and conforming amendments.
Procurement authority for certain parts of intercontinental ballistic
missile fuzes (sec. 1663)
The Senate bill contained a provision (sec. 1651) that
would give the Department of Defense the authority to buy
intercontinental ballistic missile fuze parts.
The House amendment contained an identical provision
(sec. 1643).
The conference agreement includes this provision.
Prohibition on availability of funds for mobile variant of ground-based
strategic deterrent missile (sec. 1664)
The House amendment contained a provision (sec. 1644)
that would prohibit funds authorized to be appropriated to
retain the option for, or develop, a mobile variant of the
ground-based strategic deterrent missile.
The Senate bill contained no similar provision.
The Senate recedes.
Limitation on availability of funds for extension of New START Treaty
(sec. 1665)
The House amendment contained a provision (sec. 1645)
that would limit authorized funds to be appropriated for the
Department of Defense to extend the New Start Treaty under
certain circumstances.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would change
the reporting period from 180 days to 120 days following the
submission of both the report required by the provision and the
National Intelligence Estimate.
Certifications regarding integrated tactical warning and attack
assessment mission of the Air Force (sec. 1666)
The House amendment contained a provision (sec. 1646)
that would require the Secretary of the Air Force to
consolidate under a major command, commanded by a single
general officer, the responsibility, authority, accountability,
and resources for carrying out the nuclear command, control,
and communications functions of the Air Force by March 31,
2017. This consolidation would be required to include, at a
minimum, all terrestrial and aerial components of the nuclear
command and control system that are survivable and endurable,
as well as all terrestrial and aerial components of the
integrated tactical warning and attack assessment (ITW/AA)
system that are survivable and endurable.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
that, not later than March 31, 2017 and each year through 2020,
the Commander of the U.S. Strategic Command certify to the
Secretary of Defense and the congressional defense committees
that the Air Force is organized, staffed, trained and equipped
to carry out the portions of the ITW/AA system assigned to the
Air Force that are survivable and endurable. The Commander
would further be required to certify that the programs and
plans of the Air Force for sustaining, modernizing, training
and exercising capabilities relating to such missions are
sufficient for mission success. If the Commander of the U.S.
Strategic Command does not make such a certification, the
Secretary of the Air Force would be required to immediately
consolidate the terrestrial and aerial components of the ITW/AA
system that are survivable and enduring under the Air Force
Global Strike Command. The amendment also contains a rule of
construction that this section may not be construed to affect
any responsibilities relating to the ITW/AA system in effect on
the date of enactment of this Act pursuant to certain
agreements between the United States and Canada.
Matters relating to intercontinental ballistic missiles (sec. 1667)
The House amendment contained a provision (sec. 1649A)
that would state the policy of the United States to maintain
and modernize a responsive and alert intercontinental ballistic
missile force and prohibit (1) funding for reducing the
responsiveness or alert level of the intercontinental ballistic
missiles of the United States and (2) reducing the quantity of
deployed intercontinental ballistic missiles of the United
States to less than 400.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would drop the
policy statement and add an element on cost to the reporting
requirement.
Requests for forces to meet security requirements for land-based
nuclear forces (sec. 1668)
The Senate bill contained a provision (sec. 1655) that
would require the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff to 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.
The House amendment contained a similar provision (sec.
1649) that would require the Chairman of the Joint Chiefs of
Staff to certify to the congressional defense committees that
the Chairman has approved any requests for forces of a
commander of a combatant command to meet the security
requirements of land-based nuclear forces.
The Senate recedes with an amendment that would combine
the two provisions while eliminating the certification required
under the House provision. The provision includes a restriction
of 25 percent on travel and representational expenses of the
Under Secretary of Defense for Acquisition, Technology, and
Logistics until the Under Secretary certifies that there is an
acquisition process in place to ensure that a UH-IN replacement
aircraft is under contract in fiscal year 2018.
Report on Russian and Chinese political and military leadership
survivability, command and control, and continuity of
government programs and activities (sec. 1669)
The House amendment contained a provision (sec. 1647)
that would require the Director of National Intelligence to
submit to the appropriate congressional committees, 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 Federation.
The Senate bill contained no similar provision.
The Senate recedes.
Review by the Comptroller General of the United States of
recommendations relating to nuclear enterprise of Department of
Defense (sec. 1670)
The Senate bill contained a provision (sec. 1653) that
would require the Comptroller General to review the Department
of Defense's nuclear enterprise review process to ascertain
whether recommendations are adequately being implemented.
The House amendment contained no similar provision.
The House recedes.
Sense of Congress on nuclear deterrence (sec. 1671)
The Senate bill contained a provision (sec. 1654) that
would state the sense of Congress that the nuclear forces of
the United States continue to play a fundamental role in
deterring aggression against the interests of the United States
and its allies. It also states that 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 necessary.
The House amendment contained no similar provision.
The House recedes with an amendment that would update the
provision to take into account the July 2016 NATO Warsaw Summit
communique.
Sense of Congress on importance of independent nuclear deterrent of
United Kingdom (sec. 1672)
The House amendment contained a provision (sec. 1648)
that would express the sense of Congress that 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.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle E--Missile Defense Programs
National missile defense policy (sec. 1681)
The Senate bill contained a provision (sec. 1665) that
would remove the word ``limited'' from Section 2 of the
National Missile Defense Act of 1999 (Public Law 106-38; 10
U.S.C. 2431 note).
The House amendment contained a similar provision (sec.
1665) that would replace the National Missile Defense Act of
1999 with new policy language to the effect that the United
States should maintain and improve a robust layered missile
defense system capable of defending the territory of the United
States and its allies against the developing and increasingly
complex ballistic missile threat.
The Senate recedes with an amendment that would add to
the House provision language making it clear that the United
States should deploy effective missile defense systems.
The conferees note, nothing in this legislative provision
requires or directs the development of missile defenses against
any country or its strategic nuclear forces.
Extensions of prohibitions relating to missile defense information and
systems (sec. 1682)
The Senate bill contained a provision (sec. 1666) that
would extend prohibitions relating to missile defense
information and systems as described in section 130h(d) of
title 10, United States Code, to 2018.
The House amendment contained a provision (sec. 1651)
that would prohibit funds 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 which would extend this prohibition, and
a prohibition on sharing certain missile defense information
with Russia, to 2027.
The Senate recedes with an amendment that would extend
the current prohibitions by two years to January 1, 2019.
Non-terrestrial missile defense intercept and defeat capability for the
ballistic missile defense system (sec. 1683)
The Senate bill contained a provision (sec. 1663) that
would amend section 1685 of the National Defense Authorization
Act for Fiscal Year 2016 by adding at the end a new subsection
stating that no later than 60 days after the submittal of the
report required, the Director may commence coordination and
activities associated with research, development, test, and
evaluation on the programs described.
The House amendment contained a similar provision (sec.
1656) that would require the Director of the Missile Defense
Agency to commence the planning for concept definition, design,
research, development, engineering evaluation, and test of a
space-based ballistic missile intercept and defeat layer to the
ballistic missile defense system, including with respect to a
space test bed for a missile interceptor capability, and submit
a detailed budget and development plan for these activities
with the budget of the president submitted for fiscal year
2018.
The House recedes.
The conferees note that while the United States enjoys a
measure of protection against ballistic missiles of all ranges,
the ballistic missile threat--including to the U.S. homeland--
continues to grow. The 2010 Ballistic Missile Defense Review
noted, ``It is difficult to predict precisely how the threat to
the U.S. homeland will evolve, but it is certain that it will
do so.'' The conferees agree and received testimony that the
threat from ballistic missiles has continued to grow in numbers
and in range and countermeasures, making missiles more complex,
survivable, reliable, and accurate.
Likewise, the conferees observe that United States space
assets are under increasing threat. Director of National
Intelligence, James Clapper, testified before the Senate Armed
Services Committee on February 9, 2016 that ``Threats to our
use of military, civil, and commercial space systems will
increase in the next few years as Russia and China progress in
developing counterspace weapon systems to deny, degrade, or
disrupt U.S. space systems.'' And that ``Russia and China
continue to pursue weapons systems capable of destroying
satellites on orbit, placing U.S. satellites at greater risk in
the next few years. China has probably made progress on the
antisatellite missile system that it tested in July 2014.''
All of this is to suggest that the United States cannot
stop exploring new and more effective means for protecting our
homeland and forces against ballistic missile threats and for
guarding our critical civilian and military space assets. This
provision encourages the Department of Defense to examine the
feasibility of defeating such threats with a new generation of
missile defense capabilities based in space.
Review of the missile defeat policy and strategy of the United States
(sec. 1684)
The Senate bill contained a provision (sec. 1664) that
would require the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff to conduct a review of the strategy,
programs and capabilities to counter cruise and ballistic
missiles prior to launch using the full range of active,
passive, kinetic, and non-kinetic defense measures.
The House amendment contained a provision (sec. 1652)
that required the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff to conduct a new review of the missile
defeat capability, policy, and strategy of the United States
with respect to left and right of launch ballistic missile
defense, for both regional and homeland missile defense,
incorporating the full range of active, passive, kinetic and
non-kinetic defense measures, and integrating offensive and
defensive forces for the defeat of ballistic and cruise
missiles.
The House amendment also contained a provision (sec.
1662) that required the Secretary of Defense and the Chairman
of the Joint Chiefs of Staff to submit to the congressional
defense committees the classified and unclassified declaratory
policy of the United States regarding the use of the left-of-
launch capability of the United States and how the Secretary
and Chairman intend to ensure such capability is a deterrent to
attacks by adversaries.
The Senate recedes with an amendment that combines the
three provisions into a single provision with technical changes
to the former House provision (sec. 1652). The new provision
reduces the prohibition on acquisition changes to the Missile
Defense Agency to two years, rather than the indefinite period
included in the original House provision.
Maximizing Aegis Ashore capability and developing medium range
discrimination radar (sec. 1685)
The House amendment contained a provision (sec. 1654)
that would require the Secretary of Defense to conduct a
complete evaluation of the optimal anti-air warfare capability
for each current Aegis Ashore site and as part of any future
deployment by the United States of an Aegis Ashore site. The
provision also required the Director of the Missile Defense
Agency to notify Congress whether the preferred location for
fielding a medium range ballistic missile defense radar for the
defense of Hawaii would require an updated environmental impact
statement. The Department would also be required to conduct an
assessment of the ballistic and air threat against Hawaii and
the efficacy of making the Aegis Ashore site at the Pacific
Missile Range Facility operational and deploying the preferred
alternative for fielding a medium range ballistic missile
defense sensor for the defense of Hawaii.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to continue the development,
procurement, and deployment of anti-air warfare capabilities at
each Aegis Ashore site in Romania and Poland.
The provision also requires the Director of the Missile
Defense Agency, if he determines that an updated environmental
impact statement is required for fielding a medium range
ballistic missile defense sensor for the defense of Hawaii, to
commence such action not later than 60 days after the date of
notification.
With respect to the requirement for an evaluation of the
ballistic and air threat to Hawaii and the efficacy of various
defensive measures, the conferees note that the Department has
already submitted reports addressing the various alternatives
and therefore expect the Department only to provide an update.
Technical authority for integrated air and missile defense activities
and programs (sec. 1686)
The House amendment contained a provision (sec. 1655)
that would allow the Director of the Missile Defense Agency to
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.
The Senate bill contained no similar provision.
The Senate recedes.
Hypersonic defense capability development (sec. 1687)
The House amendment contained a provision (sec. 1657)
that would require the Director of the Missile Defense Agency
to establish a program of record in the ballistic missile
defense system to develop and field a defensive system to
defeat hypersonic boost-glide and maneuvering ballistic
missiles. A limitation was placed on funding for certain
headquarters operations in the Office of the Secretary of
Defense until such a program of record is created. A report to
Congress on the Missile Technology Control Regime (MTCR) was
also required.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct
that the Director of the Missile Defense Agency serve as the
executive agent for the Department of Defense for the
development of a capability to counter hypersonic boost-glide
vehicle capabilities and conventional prompt global strike
capabilities that may be employed against the U.S., its allies,
and U.S. deployed forces, and establish a program of record for
such capability not later than September 30, 2017. Reports to
Congress must be provided on the architecture and sensors
needed to detect hypersonic threats and on the military
capabilities and capability gaps related to the threat posed by
hypersonic boost-glide vehicles and maneuvering ballistic
missiles. The limitation on funds and the MTCR report were
removed.
Conventional Prompt Global Strike weapons system (sec. 1688)
The Senate bill contained a provision (sec. 1672) that
would require the Secretary of Defense to make a Milestone A
decision for Conventional Prompt Global Strike no later than
September 30, 2020, or 8 months after the successful completion
of the Intermediate Range Flight 2 test.
The House amendment contained a similar provision (sec.
1659) that would make no more than 75 percent of funds be
obligated or expended for research, development, test, and
evaluation, for the conventional prompt global strike until the
Chairman of the Joint Chiefs of Staff submits to the
congressional defense committees a report on warfighter
requirements and whether the program schedule supports such
requirements.
The Senate recedes with an amendment that would combine
the two provisions, merging the Senate provision into the House
amendment.
Required testing by Missile Defense Agency of ground-based midcourse
defense element of ballistic missile defense system (sec. 1689)
The Senate bill contained a provision (sec. 1661) that
would require the Director of the Missile Defense Agency to
administer a flight test of the ground-based mid-course defense
element of the ballistic missile defense system not less
frequently than once each fiscal year and allows certain
exceptions.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program codevelopment and coproduction (sec.
1690)
The Senate bill contained a provision (sec. 1662) that
would authorize not more than $42.0 million for the Missile
Defense Agency to provide to the Government of Israel to
procure Tamir interceptors for the Iron Dome short-range rocket
defense system through co-production of such interceptors in
the United States, including certain conditions.
The House amendment contained a similar provision (sec.
1653) that would authorize not more than $62.0 million for the
Missile Defense Agency to provide 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,
including certain conditions. The House provision would also
authorize not more than $150.0 million to procure the David's
Sling weapon system and not more than $120.0 million for the
Arrow 3 Upper Tier interceptor program, including for
coproduction of parts and components in the United States,
subject to certain certifications.
The House recedes with an amendment that would combine
the two provisions with certain technical corrections and
clarifications. The certification concerning the requirement
for a bilateral international agreement required by the
provision may be waived if the Under Secretary certifies that
the funds specified for the David's Sling weapon system and for
the Arrow 3 Upper Tier interceptor program are provided to
Israel solely for funding the procurement of long-lead
components and critical hardware in accordance with a
production plan and funding profile detailing Israeli
contributions and if the long-lead procurement will be
conducted in a manner that does not incur nonrecurring
engineering activity or additional cost to United States
suppliers. The agreement authorizes $62.0 million to procure
Tamir interceptors, the amount prescribed in the House
amendment.
Limitations on availability of funds for lower-tier air and missile
defense capability of the Army (sec. 1691)
The House amendment contained a provision that would
limit the obligation or expenditure of fifty percent of the
amount authorized to be appropriated in fiscal year 2017 for
the Patriot Lower Tier Air and Missile Defense (LTAMDS)
capability of the Army until certain conditions are met.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would reduce
the limitation to twenty-five percent of the funds authorized
to be appropriated for LTAMDS Research, Development, Test and
Evaluation (RDT&E). The amendment would also amend the
conditions the Department of Defense would need to meet to lift
the limitation on funds.
The conferees note that the amended provision would not
require either a Capabilities Development Document in 2017 or
Low Rate Initial Production earlier than 2021, nor is it the
conferees intent to mandate such actions.
The conferees agree on the vital importance of the
expeditious fielding of a lower tier air and missile defense
capability that meets the needs of our warfighters and
seamlessly integrates with the nation's other deployed, or
planned to be deployed, air and missile defense capabilities.
The conferees also note the Government Accountability
Office's (GAO) recent report on the Army's strategy for
modernizing the Patriot missile defense system found that
throughput limitations under the Army's current maintenance
schedule present an elevated risk of equipment failure. The
conferees are concerned that potential delays in modernizing
Patriot systems, components, and software will amplify these
risks as units continue to train, deploy, and operate legacy
Patriot equipment at a high tempo over an extended period.
Therefore, the conferees direct GAO to assess the Army's
Patriot maintenance and recapitalization plans to ensure that
operational needs are met. As part of its assessment, the
conferees direct the GAO to review whether Patriot units are
undergoing sufficient maintenance in between deployments, and
the extent to which the Army has identified and assessed
options for increasing its maintenance throughput, including
associated costs and impacts on Patriot training and
operations. The GAO also should assess whether and how the Army
plans to mitigate the risk of equipment failure should Patriot
modernization efforts be delayed. The GAO shall complete its
review and report to congressional defense committees at an
agreed upon date.
Pilot program on loss of unclassified, controlled technical information
(sec. 1692)
The House amendment contained a provision (sec. 1660)
that would require the Director of the Missile Defense Agency
to carry out a pilot program to implement improvements to the
data protection options in the programs of the Missile Defense
Agency, particularly with respect to unclassified, controlled
technical information and controlled unclassified information.
The Senate bill contained no similar provision.
The Senate recedes.
Plan for procurement of medium-range discrimination radar to improve
homeland missile defense (sec. 1693)
The House amendment contained a provision (sec. 1663)
that would require the Director of the Missile Defense Agency
to plan to procure a medium range discrimination radar or
equivalent sensor to improve homeland missile defense of
Hawaii, and to issue a request for proposals for the medium-
range discrimination radar no later than October 1, 2017.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would clarify
that the Missile Defense Agency shall develop a plan to procure
a medium-range discrimination radar or equivalent sensor to
improve homeland missile defense for Hawaii and to field such
radar or equivalent sensor by not later than December 31, 2021,
and that the Director shall submit the plan to the
congressional defense committees not later than 60 days after
enactment.
Review of Missile Defense Agency budget submissions for ground-based
midcourse defense and evaluation of alternative ground-based
interceptor deployments (sec. 1694)
The House amendment contained a provision (sec. 1661)
that would require the Director of Cost Assessment and Program
Evaluation to submit to the congressional defense committees a
report on the modernization requirements for the ground-based
midcourse defense system. The provision would also require the
Commander of United States Northern Command to certify the
level of funding for the ground-based midcourse defense system,
and an evaluation of transportable ground-based interceptors by
the Director of the Missile Defense Agency.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike
the certification required by the Commander of United States
Northern Command, and make it clear that the industrial base
requirements required by the report be those requirements
generally understood by the Missile Defense Agency.
Semiannual notifications on missile defense tests and costs (sec. 1695)
The House amendment contained a provision (sec. 1664)
that would require the Director of the Missile Defense Agency
to submit to the congressional defense committees a
notification on certain matters related to each planned flight
test, including intercept tests.
The Senate bill contained no similar provision.
The Senate recedes.
Reports on unfunded priorities of the Missile Defense Agency (sec.
1696)
The House amendment contained a provision (sec. 1067)
that would require the inclusion of ballistic missile defense
information in the annual reports on requirements of the
combatant commanders and the prioritized capabilities list for
ballistic missile defense developed by the commander of the
United States Strategic Command.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the House provision with a requirement that not later than 10
days after the budget of the President for fiscal years 2018
and 2019 are submitted to Congress, 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 committees, a report on the unfunded priorities of the
Missile Defense Agency.
Subtitle F--Other Matters
Protection of certain facilities and assets from unmanned aircraft
(sec. 1697)
The House amendment contained a provision (sec. 1671)
that would authorize the Secretary of Defense, and allow the
Secretary to authorize the armed forces, to take actions that
are necessary to mitigate the threat of an unmanned aircraft
system or unmanned aircraft that poses an imminent threat to
the safety or security of a covered facility or asset that is:
(1) identified by the Secretary; (2) located in the United
States; and (3) related to the nuclear deterrence mission of
the Department of Defense (including nuclear command and
control, integrated tactical warning and attack assessment, and
continuity of government), the missile defense mission of the
Department; or the national security space mission of the
Department.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary, notwithstanding title 18 of the United States
Code, to take actions 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. The amendment would also clarify
the actions that would be authorized.
Harmful interference to Department of Defense Global Positioning System
(sec. 1698)
The House amendment contained a provision (sec. 1673)
that would amend the Federal Communications Commission (FCC)
conditions on commercial terrestrial operations (47 U.S.C. 301
et seq.) by adding that the FCC shall not permit commercial
terrestrial operations in the 1525-1559 megahertz band or the
1626.5-1660.5 megahertz band until 90 days after the FCC
resolves concerns of widespread harmful interference by such
operations in such band to Department of Defense Global
Positioning System (GPS) devices. The provision would also
require the Secretary of Defense to conduct a review of harmful
interference of Department of Defense GPS devices and to notify
congress if the Secretary determines the existence of
widespread harmful interference.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Legislative Provisions Not Adopted
Availability of certain amounts to meet requirements in connection with
United States policy on assured access to space
The Senate bill contained a provision (sec. 1611) that
would allow for up to half of the funds made available for a
replacement space launch propulsion system or new launch
vehicle in fiscal years 2016, 2017, or any future fiscal year,
be made available for meeting the requirements in connection
with United States policy on assured access to space (section
2273(b), title 10, United States Code).
The House amendment contained no similar provision.
The Senate recedes.
Department of Defense-wide requirements for security clearances for
military intelligence officers
The Senate bill contained a provision (sec. 1621) that
would require the Secretary of Defense to ensure that each
military intelligence officer serving as a unit or service
intelligence officer, or in command of an intelligence unit or
activity, has an active security clearance.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note with displeasure the recent situation
in which an officer serving as the Deputy Chief of Naval
Operations for Information Warfare, N2/N6, Office of the Chief
of Naval Operations, and Director of Naval Intelligence, was
unable to fully perform the duties of the office to which he
was appointed, with the advice and consent of the Senate,
because his access to classified information was suspended. The
conferees expect that in the future every officer serving as a
unit or service intelligence officer, or in command of an
intelligence unit or activity will have an active security
clearance.
Limitation on availability of funds for intelligence management
The House amendment contained a provision (sec. 1621)
that would limit the amount of authorized funds available to be
obligated or expended for intelligence management until the
Under Secretary of Defense for Intelligence provides a report
to the appropriate congressional committees on
counterintelligence activities described in the classified
annex accompanying this Act.
The Senate bill contained no similar provision.
The House recedes.
Sense of Congress on initial operating capability of phase 2 of
European Phased Adaptive Approach to missile defense
The House amendment contained a provision (sec. 1666)
that would express the Sense of Congress that the United States
is committed to the defense of deployed members of the Armed
Forces of the United States and to the defense of the European
allies of the United States by increasing the ballistic missile
defense capability of the North Atlantic Treaty Organization.
The Senate bill contained no similar provision.
The conferees note that on July 9, 2016, the Heads of
State and Government participating in the meeting of the North
Atlantic Council in Warsaw, Poland, issued the ``Warsaw Summit
Communique.'' In that document, the Heads of State and
Government stated that:
``At our Summit in Chicago in 2012, we declared the
achievement of an Interim NATO BMD Capability as an
operationally significant first step. At the Wales Summit, we
welcomed the forward deployment of BMD-capable Aegis ships to
Rota, Spain that could be made available to NATO. Today a new
milestone in the development of NATO BMD has been reached and
we are pleased to declare the achievement of the NATO BMD
Initial Operational Capability. This is a significant step
toward the aim of NATO BMD that offers a stronger capability to
defend our populations, territory, and forces across southern
NATO Europe against a potential ballistic missile attack. The
Aegis Ashore site in Deveselu, Romania represents a significant
portion of this increase in capability, and the command and
control (C2) of the Aegis Ashore site is being transferred to
NATO. We also welcome that Turkey hosts a forward-based early-
warning BMD radar at Kurecik and that Poland will be hosting an
Aegis Ashore site at the Redzikowo military base. We are also
pleased that additional voluntary national contributions have
been offered by Allies, and we encourage further voluntary
contributions, all of which will add robustness to the
capability.''
The Communique further stated that, ``NATO missile
defence is not directed against Russia and will not undermine
Russia's strategic deterrence capabilities. NATO missile
defence is intended to defend against potential threats
emanating from outside the Euro-Atlantic area.''
The House recedes.
Pilot program on application of consequence-driven, cyber-informed
engineering to mitigate against cyber-security threats
The Senate bill contained a provision (sec. 1634) that
would authorize the Secretary of Defense, in coordination with
the secretaries of the military departments, to carry out a
pilot program to assess the feasibility and advisability of
applying consequence-driven, cyber-informed engineering
methodologies to military installation operating technologies,
including industrial control systems, to increase resilience
against cybersecurity threats.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that elsewhere in the conference
agreement there is a requirement for the Secretary of Defense
to conduct a pilot program to assess the feasibility and
advisability of applying, innovative methodologies or
engineering approaches to improve the defense of control
systems against cyber attacks in order to increase the
resilience of military installations against cybersecurity
threats and prevent or mitigate the potential for high-
consequence cyberattacks, and to inform future requirements
development for such systems.
Title XVII--Guam World War II Loyalty Recognition Act
Guam World War II Loyalty Recognition Act (secs. 1701-1707)
The House amendment contained a number of provisions
(sec. 7301-7306) that would honor the suffering and loyalty of
the residents of Guam during its occupation by Imperial
Japanese forces during the Second World War and direct the
federal government to adjudicate and facilitate the claims of
compensable Guam victims and survivors of compensable Guam
decedents.
Specifically, the House amendment contained a provision
(sec. 7302) that would express the eternal gratitude of the
United States to the residents of Guam for their loyalty and
courage under threat of death and great bodily harm at the
hands of occupying forces. It also contained a provision that
would direct the Secretary of the Treasury to establish a
special fund for the payment of claims to compensable Guam
victims and their survivors (sec. 7303), a provision that would
require the Secretary of the Treasury to compensate compensable
victims and survivors of compensable Guam decedents following
certification from the Foreign Claims Settlement Commission
(sec. 7304), and a provision that would direct the Foreign
Claims Settlement Commission to adjudicate claims and to
determine eligibility for claims under the aforementioned
section 7304 (sec. 7305). Finally, it contained a provision
that would direct the Secretary of the Interior to establish a
grant program designed to educate and to memorialize the
occupation of Guam while honoring the loyalty of its
inhabitants (sec. 7306) and a provision that would authorize
appropriations for the aforementioned sections 7304 and 7305
for any fiscal year beginning after the date of the enactment,
with $5,000,000 authorized per fiscal year for section 7306
(sec. 7307).
The Senate bill contained no similar provisions.
The Senate recedes.
Title XVIII--Matters Relating to Small Business Procurement
Subtitle A--Improving Transparency and Clarity for Small Businesses
Plain language rewrite of requirements for small business procurements
(sec. 1801)
The House amendment contained a provision (sec. 1801)
that would amend section 15(a) of the Small Business Act (15
U.S.C. 644(a)) to revise existing statute by better organizing
the section and modernizing the terms consistent with those in
titles 10 and 41, United States Code.
The Senate bill contained no similar provision.
The Senate recedes.
Transparency in small business goals (sec. 1802)
The House amendment contained a provision (sec. 1803)
that would amend section 15(h) of the Small Business Act (15
U.S.C. 644(h)) to require the Administrator of the General
Services Administration to issue an annual report on the share
of total contract value awarded to small businesses.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Clarifying the Roles of Small Business Advocates
Scope of review by procurement center representatives (sec. 1811)
The Senate bill contained a provision (sec. 884) that
would codify for Department of Defense contracts the
longstanding exemption contained in Federal Acquisition
Regulation 19.000(b) that small business set-asides are not
applied to overseas contracts.
The House amendment contained a similar provision (sec.
1811) that would amend section 15(l) of the Small Business Act
(15 U.S.C. 644(l)) to reverse a regulatory change made by the
Small Business Administration during enactment of the Small
Business Jobs Act of 2010 (Public Law 111-240) and to ensure
that procurement center representatives review consolidated
contracts or task orders that are fully or partially set aside
or reserved for small business.
The Senate recedes with an amendment that would clarify
that procurement center representatives of the Small Business
Administration shall not review contracts awarded pursuant to
status of forces agreements or contracts of the Department of
Defense awarded and performed overseas. The amendment also
would stipulate that contracts excluded from procurement center
representative review shall not be included in any calculation
of the Department's attainment of the small business goals
established in 15(g) of the Small Business Act (15 USC 644(g)).
Duties of the Office of Small and Disadvantaged Business Utilization
(sec. 1812)
The House amendment contained a provision (sec. 1813)
that would amend section 15(k) of the Small Business Act (15
U.S.C. 644(k)) to revise the duties of the Offices of Small and
Disadvantaged Business Utilization in Federal agencies. The
offices would be authorized to provide assistance to service-
disabled veteran-owned small businesses and participants in the
Historically Underutilized Business Zone program which are not
included in the current list of small business programs. The
offices also would review annual summaries of Government credit
card purchases to ensure compliance with the Small Business
Act.
The Senate bill contained no similar provision.
The Senate recedes.
Improving contractor compliance (sec. 1813)
The House amendment contained a provision (sec. 1814)
that would amend sections 15 and 45 of the Small Business Act
(15 U.S.C. 644 and 15 U.S.C. 657r), and section 831(e)1(1) of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510), to promote the availability of existing
programs that assist small contractors attempting to comply
with Federal regulations. The Small Business Administration
would develop a list of no-cost compliance assistance programs
for small contractors which would be distributed through the
Small Business Administration and Federal agency small-business
offices to small contractors. This section would also require
that any mentor-protege agreement approved by the Small
Business Administration or the Department of Defense address
the provision of compliance assistance to the protege firm.
The Senate bill contained no similar provision.
The Senate recedes.
Improving education on small business regulations (sec. 1814)
The House amendment contained a provision (sec. 1861)
that would amend section 15 of the Small Business Act (15
U.S.C. 644) to require the Small Business Administration to
annually share a list of regulatory changes affecting small-
business contracting with entities responsible for training
acquisition personnel, such as the Federal Acquisition
Institute and the Defense Acquisition University, and to
entities providing technical assistance to small contractors.
This section would also require that the applicable entities
periodically update training materials.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle C--Strengthening Opportunities for Competition in
Subcontracting
Good faith in subcontracting (sec. 1821)
The House amendment contained a provision (sec. 1821)
that would amend section 8(d) of the Small Business Act (15
U.S.C. 637(d)) to improve compliance with subcontracting
requirements.
The Senate bill contained no similar provision.
The Senate recedes.
Pilot program to provide opportunities for qualified subcontractors to
obtain past performance ratings (sec. 1822)
The House amendment contained a provision (sec. 1822)
that would establish a 3-year pilot program in which small,
first-tier subcontractors could obtain past performance credit
from the Small Business Administration.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would establish
a deadline by which small business concerns must submit
requests for a past performance rating.
The conferees direct the Secretary of Defense to ensure
that the Department of Defense, its components, and the
Services are providing timely evaluations of past performance
and giving due credit to the evaluations previously conducted,
even those conducted by a different component, Service, or
agency, consistent with current law and regulation. No later
than 60 days after enactment of the National Defense
Authorization for Fiscal Year 2017, the conferees direct the
Secretary to provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives on the
Department's progress meeting these objectives.
Amendments to the Mentor-Protege Program of the Department of Defense
(sec. 1823)
The House amendment contained a provision (sec. 1831)
that would amend section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510), to
require the Small Business Administration to determine whether
a prospective protege firm is affiliated with its proposed
mentor prior to approval of a mentor-protege agreement. The
same requirement would be removed from the Department of
Defense.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment that would
better organize the eligibility requirements. The conferees
note that the changes in this provision will allow for
determinations of small business status to be made in the same
manner as such determinations are for purposes of federal
contracting. The change does not alter the Department's control
of its mentor-protege program, nor the statutory provision that
prohibits the Small Business Administration from considering
support provided by a mentor to a protege firm under this
program as evidence of affiliation. However, the provision
would prevent instances of confusion, and the potential for
fraud, by preventing competing determinations of small business
status.
Subtitle D--Miscellaneous Provisions
Improvements to size standards for small agricultural producers (sec.
1831)
The House amendment contained a provision (sec. 1863)
that would amend section 18(b) of the Small Business Act (15
U.S.C. 647(b)) to revise the definition of an agricultural
enterprise. This section would also amend section 3(a) of the
Small Business Act (15 U.S.C. 632(a)) to authorize the Small
Business Administration to establish different size standards
for various types of agricultural enterprises. Size standards
would be established according to the existing method and
appeals process by which the Small Business Administration
establishes other size standards.
The Senate bill contained no similar provision.
The Senate recedes.
Uniformity in service-disabled veteran definitions (sec. 1832)
The House amendment contained a provision (sec. 1864)
that would amend section 3(q) of the Small Business Act (15
U.S.C. 632(q)) and section 8127 of title 38, United States
Code, to standardize definitions for veteran-owned small
businesses (VOSBs) and service-disabled veteran-owned small
businesses (SDVOSBs). This section would also require the
Secretary of Veterans Affairs to use the regulations
established by the Small Business Administration for
establishing ownership and control of VOSBs and SDVOSBs. The
Secretary would continue to determine whether individuals are
veterans or service-disabled veterans and would be responsible
for verification of applicant firms. Challenges to the status
of a VOSB or SDVOSB based upon issues of ownership or control
would be decided by the administrative judges at the Office of
Hearings and Appeals of the Small Business Administration. This
section would not affect the Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes.
Office of Hearings and Appeals (sec. 1833)
The House amendment contained a provision (sec. 1866)
that would amend sections 3(a) and 5(i) of the Small Business
Act (15 U.S.C. 632(a) and 15 U.S.C. 634(i)) to clarify that the
Office of Hearings and Appeals will not hear appeals on
programs not found in the Small Business Act. This section also
would allow a grace period for appeals that occur before the
Small Business Administration implements the requirements of
this section.
The Senate bill contained no similar provision.
The Senate recedes.
Extension of SBIR and STTR programs (sec. 1834)
The Senate bill contained a provision (sec. 874) that
would amend sections 9(m) and 9(n)(1) of the Small Business Act
(15 U.S.C. 638(m)) in order to make the Small Business
Innovation Research (SBIR) program and the Small Business
Technology Transfer (STTR) program at the Department of Defense
permanent.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend the
programs government-wide for an additional 5 years.
Issuance of guidance on small business matters (sec. 1835)
The House amendment contained a provision (sec. 1867)
that would require the Administrator of the Small Business
Administration to issue guidance with respect to the changes to
the Small Business Act made in this title.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment that would
provide a timeline for implementing guidance by the Department
of Veterans Affairs.
Subtitle E--Improving Cyber Preparedness for Small Businesses
Small Business Development Center Cyber Strategy and outreach (sec.
1841)
The House amendment contained a provision (sec. 1869A)
that would amend section 227 of the Homeland Security Act of
2002 (6 U.S.C. 148) to grant the Secretary of Homeland Security
authority to provide assistance to small business development
centers in the form of training and dissemination of
information on cybersecurity, as outlined elsewhere in this
Act.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment that would
maintain consistency in the use of terms such as cyber threat
awareness.
Role of small business development centers in cybersecurity and
preparedness (sec. 1842)
The House amendment contained a provision (sec. 1868)
that would amend section 21 of the Small Business Act (15
U.S.C. 648) to define the role of the Small Business
Development Center Cyber Strategy, which was established
elsewhere in this Act.
The Senate bill contained no similar provision.
The Senate recedes.
Additional cybersecurity assistance for small business development
centers (sec. 1843)
The House amendment contained a provision (sec. 1869)
that would amend section 21(a) of the Small Business Act (15
U.S.C. 648) to give the Department of Homeland Security the
authority to provide cybersecurity assistance, in the form of
trainings and other outreach, to small business development
centers to enhance security and awareness.
The Senate bill contained no similar provision.
The Senate recedes.
Prohibition on additional funds (sec. 1844)
The House amendment contained a provision (sec. 1869C)
that would prohibit the use of additional funds to be
appropriated to carry out the previous sections, other than
those already appropriated within these sections.
The Senate bill contained no similar provision.
The Senate recedes.
Legislative Provisions Not Adopted
Improving reporting on small business goals
The House amendment contained a provision (sec. 1802)
that would amend section 15(h) of the Small Business Act (15
U.S.C. 644(h)) to require the Small Business Administration,
using data already required to be collected from contractors,
to track companies that outgrow or no longer qualify for a
small business program, as well as identify how prime
contracting goals are met.
The Senate bill contained no similar provision.
The House recedes.
Uniformity in procurement terminology
The House amendment contained a provision (sec. 1804)
that would amend section 3(m) of the Small Business Act (15
U.S.C. 632(m)) and section 15(j) of the Small Business Act (15
U.S.C. 644(j)) to update procurement terminology consistent
with the Federal Acquisition Regulation and with terminology
used in titles 10 and 41, United States Code.
The Senate bill contained no similar provision.
The House recedes.
Responsibilities of Commercial Market Representatives
The House amendment contained a provision (sec. 1812)
that would amend section 4(h) of the Small Business Act (15
U.S.C. 633(h)), to provide a definition of the duties and
responsibilities of the commercial market representatives
employed by the Small Business Administration.
The Senate bill contained no similar provision.
The House recedes.
Responsibilities of Business Opportunity Specialists
The House amendment contained a provision (sec. 1815)
that would amend section 4(g) of the Small Business Act (15
U.S.C. 633(g)) to add a job description and reporting hierarchy
for business opportunity specialists of the Small Business
Administration.
The Senate bill contained no similar provision.
The House recedes.
Improving cooperation between the mentor-protege programs of the Small
Business Administration and the Department of Defense
The House amendment contained a provision (sec. 1832)
that would amend section 45(b) of the Small Business Act (15
U.S.C. 657r(b)) to require the Department of Defense to obtain
approval from the Administrator of the Small Business
Administration prior to carrying out a mentor-protege program.
The Senate bill contained no similar provision.
The House recedes.
Office of Women's Business Ownership
The House amendment contained a provision (sec. 1841)
that would amend section 29(g) of the Small Business Act (15
U.S.C. 656(g)) to clarify the duties of the Small Business
Administration's Office of Women's Business Ownership, and to
require that the office establish an accreditation program for
its grant recipients.
The Senate bill contained no similar provision.
The House recedes.
Women's Business Center Program
The House amendment contained a provision (sec. 1842)
that would amend section 29 of the Small Business Act (15
U.S.C. 656), relating to the Women's Business Center Program.
The Senate bill contained no similar provision.
The House recedes.
Matching requirements under Women's Business Center Program
The House amendment contained a provision (sec. 1843)
that would amend section 29 of the Small Business Act (15
U.S.C. 656), relating to the Women's Business Center Program,
to limit the ability of the Administrator to waive the
requirement for matching funds by grant recipients, and to
provide that excess non-Federal dollars obtained by a grant
recipient will not be subject to part 200 of title 2, Code of
Federal Regulations, or any successor regulations.
The Senate bill contained no similar provision.
The House recedes.
SCORE reauthorization
The House amendment contained a provision (sec. 1851)
that would amend section 20 of the Small Business Act (15
U.S.C. 631 note) to authorize the SCORE program through fiscal
year 2018, and to permit the current level of appropriations to
extend through that period.
The Senate bill contained no similar provision.
The House recedes.
SCORE program
The House amendment contained a provision (sec. 1852)
that would amend sections 8(b) and 8(c) of the Small Business
Act (15 U.S.C. 637(b)-(c)) to rename the Service Corps of
Retired Executives program, the ``SCORE'' program.
The Senate bill contained no similar provision.
The House recedes.
Online component
The House amendment contained a provision (sec. 1853)
that would amend section 8(c) of the Small Business Act (15
U.S.C. 637(c)) to create an online component for the SCORE
Association to utilize.
The Senate bill contained no similar provision.
The House recedes.
Study and report on the future role of the SCORE program
The House amendment contained a provision (sec. 1854)
that would require the SCORE Association to conduct a study and
develop a plan for how the SCORE program will evolve to meet
the needs of small business concerns.
The Senate bill contained no similar provision.
The House recedes.
Technical and conforming amendments
The House amendment contained a provision (sec. 1855)
that would make technical and conforming amendments to various
places in law which reference the program that SCORE would
replace.
The Senate bill contained no similar provision.
The House recedes.
Required reports pertaining to capital planning and investment control
The House amendment contained a provision (sec. 1865)
that would require the Small Business Administration to provide
information regarding certain Federal major information
technology investments to the Small Business and
Entrepreneurship Committee of the Senate and the Small Business
Committee of the House of Representatives.
The Senate bill contained no similar provision.
The House recedes.
GAO study on small business cyber support services and small business
development center cyber strategy
The House amendment contained a provision (sec. 1869B)
that would require the Comptroller General of the United States
to conduct a review of current cybersecurity resources at the
Federal level aimed at assisting small business concerns with
developing or enhancing cybersecurity infrastructure, cyber
threat awareness, or cyber training programs for employees.
The Senate bill contained no similar provision.
The House recedes.
Short title
The House amendment contained a provision (sec. 1871)
that would cite this subtitle as the ``Small Business
Development Centers Improvement Act of 2016''.
The Senate bill contained no similar provision.
The House recedes.
Use of authorized entrepreneurial development programs
The House amendment contained a provision (sec. 1872)
that would amend the Small Business Act (15 U.S.C. 631 et seq.)
to add a new section that would expand the use of
entrepreneurial development programs.
The Senate bill contained no similar provision.
The House recedes.
Marketing of services
The House amendment contained a provision (sec. 1873)
that would amend section 21 of the Small Business Act (15
U.S.C. 648) to ensure that the Administrator will not prohibit
applicants who have received grants under the Small Business
Development Center program from marketing and advertising their
services to individuals and small business concerns.
The Senate bill contained no similar provision.
The House recedes.
Data collection
The House amendment contained a provision (sec. 1874)
that would amend section 21 of the Small Business Act (15
U.S.C. 648) to ensure that data collection regarding grant
applicants is improved.
The Senate bill contained no similar provision.
The House recedes.
Fees from private partnerships and cosponsorships
The House amendment contained a provision (sec. 1875)
that would amend section 21(a)(3) of the Small Business Act (15
U.S.C. 648(a)(3)(C)) that would ensure that small business
development centers participating in private partnerships and
cosponsorships with the Administration are not limited from
collecting fees or other income related to the operation of
such partnerships.
The Senate bill contained no similar provision.
The House recedes.
Equity for small business development centers
The House amendment contained a provision (sec. 1876)
that would amend subclause (I) of section 21(a)(4)(C)(v) of the
Small Business Act (15 U.S.C. 648(a)(4)(C)(v)) to increase the
threshold allowed to the Administrator to pay expenses related
to the development program from $500,000 to $600,000.
The Senate bill contained no similar provision.
The House recedes.
Confidentiality requirements
The House amendment contained a provision (sec. 1877)
that would amend Section 21(a)(7)(A) of the Small Business Act
(15 U.S.C. 648(a)(7)(A)) to clarify that certain information
regarding small business participation in this program would
not be disclosed without the consent of the individual or small
business concern to any State, local or Federal agency, or
third party.
The Senate bill contained no similar provision.
The House recedes.
Limitation on award of grants to small business development centers
The House amendment contained a provision (sec. 1878)
that would amend section 21 of the Small Business Act (15
U.S.C. 648) to limit the award of grants.
The Senate bill contained no similar provision.
The House recedes.
Title XIX--Department of Homeland Security Strategy for International
Programs
Department of Homeland Security Strategy for International Programs
(secs. 1901-1913)
The conference agreement includes a subtitle that would
make various authorizations and modifications with respect to
the Department of Homeland Security.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Summary and explanation of funding tables
Division B of this Act authorizes funding for military
construction projects of the Department of Defense. It includes
funding authorizations for the construction and operation of
military family housing as well as military construction for
the reserve components, the defense agencies, and the North
Atlantic Treaty Organization Security Investment Program. It
also provides authorization for the base closure accounts that
fund military construction, environmental cleanup, and other
activities required to implement the decisions in base closure
rounds.
The tables contained in this Act provide the project-
level authorizations for the military construction funding
authorized in Division B of this Act and summarize that funding
by account.
Short title (sec. 2001)
The Senate bill contained a provision (sec. 2001) that
would designate division B of this Act as the ``Military
Construction Authorization Act for Fiscal Year 2017.''
The House amendment contained an identical provision
(sec. 2001).
The conference agreement includes this provision.
Expiration of authorizations and amounts required to be specified by
law (sec. 2002)
The Senate bill contained a provision (sec. 2002) that
would establish the expiration date for authorizations in this
Act for military construction projects, land acquisition,
family housing projects, and contributions to the North
Atlantic Treaty Organization Security Investment Program as of
October 1, 2019, or the date of enactment of an act authorizing
funds for military construction for fiscal year 2020, whichever
is later.
The House amendment contained a similar provision (sec.
2002).
The Senate recedes.
Effective date (sec. 2003)
The Senate bill contained a provision (sec. 2003) that
would provide an effective date for titles XXI through XXVII of
October 1, 2016 or the date of enactment of this Act.
The House amendment contained a similar provision (sec.
2003).
The Senate recedes.
Title XXI--Army Military Construction
Summary
The budget request included authorization of
appropriations of $503.5 million for military construction and
$526.7 million for family housing for the Army in fiscal year
2017.
The conference agreement includes authorization of
appropriations of $553.9 million for military construction and
$483.2 million for family housing for the Army in fiscal year
2017.
The agreement includes authorization for three projects
from the Army's unfunded requirements list: $10.6 million for a
Company Operations Facility at Fort Gordon, Georgia; $6.9
million for a Fire Station at Fort Leonard Wood, Missouri; and
$23.0 million for a Vehicle Maintenance Shop at Fort Belvoir,
Virginia.
The conferees note that the budget request included
$143.6 million for Family Housing New Construction at Camp
Humphries, Republic of Korea. Furthermore, the conferees are
aware that this is the first phase of proposed military family
housing construction at Camp Humphries, with a $153.0 million
second phase planned for fiscal year 2019. Given the
requirements that have been established by the Commander of
U.S. Forces Korea to house command sponsored families on
installation and the timelines for the relocation of U.S.
Forces Korea and Eighth Army to Camp Humphries, the conferees
believe that combining the two phases into a single project
will result in efficiencies in terms of the financial cost of
the project and the construction timeline. Therefore, the
agreement recommends a total authorization of $297.0 million
for Family Housing New Construction at Camp Humphries, Republic
of Korea. However, the conferees support the authorization of
appropriations for fiscal year 2017 only in an amount
equivalent to the ability of the military department to execute
in the year of authorization of appropriations. Therefore, the
agreement recommends $100.0 million, a reduction of $43.6
million, for this project in fiscal year 2017.
In addition, the conference agreement authorizes $35.0
million for the Army's unspecified minor construction program,
an increase of $10.0 million above the budget request.
Authorized Army construction and land acquisition projects (sec. 2101)
The Senate bill contained a provision (sec. 2101) that
would contain the list of authorized Army construction projects
for fiscal year 2017. The authorized amounts are listed on an
installation-by-installation basis. The state list contained in
this Act is intended to be the binding list of the specific
projects authorized at each location.
The House amendment contained a similar provision (sec.
2101).
The Senate recedes.
Family housing (sec. 2102)
The Senate bill contained a provision (sec. 2102) that
would authorize new construction and planning and design of
family housing units for the Army for fiscal year 2017.
The House amendment contained a similar provision (sec.
2102).
The Senate recedes.
Authorization of appropriations, Army (sec. 2103)
The Senate bill contained a provision (sec. 2103) that
would authorize appropriations for the active component
military construction and family housing projects of the Army
authorized for construction for fiscal year 2017. This
provision would also provide an overall limit on the amount
authorized for military construction and family housing
projects for the active component of the Army.
The House amendment contained an identical provision
(sec. 2103).
The conference agreement includes this provision.
Modification of authority to carry out certain fiscal year 2014 project
(sec. 2104)
The Senate bill contained a provision (sec. 2104) that
would modify the authorization contained in section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
2014 (division B of Public Law 113-66) for construction of an
aircraft maintenance hangar at Joint Base Lewis-McChord,
Washington to include an aircraft washing apron.
The House amendment contained an identical provision
(sec. 2104).
The conference agreement includes this provision.
Extension of authorizations of certain fiscal year 2013 projects (sec.
2105)
The Senate bill contained a provision (sec. 2105) that
would extend the authorization contained in section 2101 of the
Military Construction Authorization Act for Fiscal Year 2013
(division B of Public Law 112-239) for two projects 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.
The House amendment contained a similar provision (sec.
2105).
The Senate recedes.
Extension of authorizations of certain fiscal year 2014 projects (sec.
2106)
The Senate bill contained a provision (sec. 2106) that
would extend the authorization contained in section 2101 of the
Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113-66) for three projects 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.
The House amendment contained a similar provision (sec.
2106).
The House recedes.
Title XXII--Navy Military Construction
Summary
The budget request included authorization of
appropriations of $1.03 billion for military construction and
$394.9 million for family housing for the Navy and Marine Corps
in fiscal year 2017.
The conference agreement includes authorization of
appropriations of $1.2 billion for military construction and
$394.9 million for family housing for the Navy and Marine Corps
in fiscal year 2017.
The conference agreement includes authorization for two
projects from the Navy's unfunded requirements list unfunded
requirements list: $27.0 million for Chambers Field Magazine
Recap Phase 1 at Norfolk, Virginia, and $73.0 million for
SEAWOLF Class Service Pier at Bangor, Washington.
The agreement includes authorization for three projects
from the Marine Corp's unfunded requirements list: $118.9
million for an Aircraft Maintenance Hangar Increment 1 at
Miramar, California; $34.7 million for a Communication Complex
& Infrastructure Upgrade at Miramar, California; $40.0 million
for F-35 Parking Apron at Miramar, California. With respect to
the Aircraft Maintenance Hangar, we support the authorization
for appropriations in an amount equivalent to the ability of
the military department to execute in the year of the
authorization for appropriations. For this project, the
conferees believe that the Department of the Navy has exceeded
its ability to fully expend the funding requested for fiscal
year 2017. As such, the agreement recommends incremental
funding with an authorization of appropriations in the amount
of $79.4 million, a reduction of $39.5 million, for this
project. Furthermore, the conferees note that these three
projects at Miramar were included in the Marine Corps' unfunded
requirements list due to a late development and the need to
align F-35C squadron operational dates with plans to stand up
the first F-35C compatible aircraft carrier on the west coast
of the United States.
Authorized Navy construction and land acquisition projects (sec. 2201)
The Senate bill contained a provision (sec. 2201) that
would authorize Navy and Marine Corps military construction
projects for fiscal year 2017. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec.
2201).
The Senate recedes with a technical amendment.
Family housing (sec. 2202)
The Senate bill contained a provision (sec. 2202) that
would authorize new construction, planning, and design of
family housing units for the Navy for fiscal year 2017. This
provision would also authorize funds for facilities that
support family housing, including housing management offices,
housing maintenance, and storage facilities.
The House amendment contained an identical provision
(sec. 2202).
The conference agreement includes this provision.
Improvements to military family housing units (sec. 2203)
The Senate bill contained a provision (sec. 2203) that
would authorize the Secretary of the Navy to improve existing
family housing units of the Department of the Navy in an amount
not to exceed $11.1 million.
The House amendment contained an identical provision
(sec. 2203).
The conference agreement includes this provision.
Authorization of appropriations, Navy (sec. 2204)
The Senate bill contained a provision (sec. 2204) that
would authorize appropriations for the active component
military construction and family housing projects of the
Department of the Navy authorized for construction for fiscal
year 2017. This provision would also provide an overall limit
on the amount authorized for military construction and family
housing projects for the active components of the Navy and the
Marine Corps. The state list contained in this report is the
binding list of the specific projects authorized at each
location.
The House amendment contained an identical provision
(sec. 2204).
The conference agreement includes this provision.
Modification of authority to carry out certain fiscal year 2014 project
(sec. 2205)
The Senate bill contained a provision (sec. 2205) that
would modify the authorization contained in section 2201 of the
Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113-66) for construction of a water
transmission line at Pearl City, Hawaii to include a 591-meter
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.
The House amendment contained an identical provision
(sec. 2205).
The conference agreement includes this provision.
Extension of authorizations of certain fiscal year 2013 projects (sec.
2206)
The Senate bill contained a provision (sec. 2206) that
would extend the authorization contained in section 2201 of the
Military Construction Authorization Act for Fiscal Year 2013
(division B of Public Law 112-239), for various projects 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.
The House amendment contained a similar provision (sec.
2206).
The Senate recedes.
Extension of authorizations of certain fiscal year 2014 projects (sec.
2207)
The Senate bill contained a provision (sec. 2207) that
would modify the authorization contained in section 2201 of the
Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113-66), for seven projects 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.
The House amendment contained an identical provision
(sec. 2207).
The conference agreements includes this provision.
Status of ``net negative'' policy regarding Navy acreage on Guam (sec.
2208)
The House amendment included a provision (Sec. 2208) that
would require the Secretary of the Navy to submit a report to
the congressional defense committees not later than 6 months
after the date of the enactment of this Act regarding the
status of the implementation of the ``Net Negative'' policy
regarding the total number of acres of real property controlled
by the Department of the Navy on the Territory of Guam.
The Senate bill contained no similar provision.
The Senate recedes with an amendment.
The conferees are concerned that the Department of the
Navy has not adequately defined the scope of lands that will be
returned to the Government of Guam pursuant to the Net Negative
policy announced in 2011, or the process that will be used to
identify and transfer such lands. Specifically, the conferees
are concerned by the ambiguity regarding the status of lands
identified for return prior to the announcement of the Net
Negative policy, such as Guam Land Use Plan of 1977, which were
not originally identified for inclusion in the calculation of
lands under the Net Negative policy.
Title XXIII--Air Force Military Construction
Summary
The budget request included authorization of
appropriations of $1.5 billion for military construction and
$335.7 million for family housing for the Air Force in fiscal
year 2017.
The conference agreement includes authorization of
appropriations of $1.7 billion for military construction and
$335.7 million for family housing for the Air Force in fiscal
year 2017.
The conference agreement includes authorization for seven
projects on the Air Force's unfunded requirements list: $15.5
million for a JAG School Expansion at Maxwell Air Force Base,
Alabama; $36.0 million for Dormitories (288 rooms) at Eglin Air
Force Base, Florida; $41.0 million for Consolidated Corrosion
Facility Add/Alt at Scott Air Force Base, Illinois; $50.0
million for Consolidated Communications Center at Joint Base
Andrews, Maryland; $10.9 million to Construction Vandenberg
Gate Complex at Hanscom Air Force Base, Massachusetts; $26.0
million for E-3G Mission and Flight Simulator Training Facility
at Tinker Air Force Base, Oklahoma; and $17.0 million for Fire
& Rescue Station at Joint Base Charleston, South Carolina.
In addition, the conference agreement authorizes $40.0
million for the Air Force's unspecified minor construction
program, an increase of $10.0 million above the budget request.
Authorized Air Force construction and land acquisition projects (sec.
2301)
The Senate bill contained a provision (sec. 2301) that
would authorize Air Force military construction projects for
fiscal year 2017. The authorized amounts are listed on an
installation-by-installation basis.
The House amendment contained a similar provision (sec.
2301).
The Senate recedes with a technical amendment.
Family housing (sec. 2302)
The Senate bill contained a provision (sec. 2302) that
would authorize new construction, planning, and design of
family housing units for the Air Force for fiscal year 2017.
This provision would also authorize funds for facilities that
support family housing, including housing management offices,
housing maintenance, and storage facilities.
The House amendment contained an identical provision
(sec. 2302).
The conference agreement includes this provision.
Improvements to military family housing units (sec. 2303)
The Senate bill contained a provision (sec. 2303) that
would authorize the Secretary of the Air Force to improve
existing family housing units of the Department of the Air
Force in an amount not to exceed $150.7 million.
The House amendment contained an identical provision
(sec. 2303).
The conference agreement includes this provision.
Authorization of appropriations, Air Force (sec. 2304)
The Senate bill contained a provision (sec. 2304) that
would authorize appropriations for the active component
military construction and family housing projects of the Air
Force authorized for construction for fiscal year 2017. This
provision would also provide an overall limit on the amount
authorized for military construction and family housing
projects for the active component of the Air Force. The state
list contained in this report is the binding list of the
specific projects authorized at each location.
The House amendment contained an identical provision
(sec. 2304).
The conference agreement includes this provision.
Modification of authority to carry out certain fiscal year 2016 project
(sec. 2305)
The Senate bill contained a provision (sec. 2305) that
would modify the authorization contained in section 2301 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92) for a tactical response force alert facility at
Malstrom Air Force Base, Montana to include the construction of
an emergency power generator system.
The House amendment contained an identical provision
(sec. 2305).
The conference agreement includes this provision.
Extension of authorization of certain fiscal year 2013 project (sec.
2306)
The House amendment contained a provision (sec. 2306)
that would extend the authorization listed, originally provided
by section 2301 of the Military Construction Authorization Act
for Fiscal Year 2013 (division B of Public Law 112-239), and
previously extended by section 2309 of the Military
Construction Authorization Act for Fiscal Year 2016 (Public Law
114-92), 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.
The Senate bill contained no similar provision.
The Senate recedes.
Extension of authorization of certain fiscal year 2014 project (sec.
2307)
The Senate bill contained a provision (sec. 2306) that
would extend the authorization contained in section 2301 of the
Military Construction Act for Fiscal Year 2014 (division B of
Public Law 113-66) for various projects 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.
The House amendment contained a similar provision (sec.
2307).
The Senate recedes.
Restriction on acquisition of property in Northern Mariana Islands
(sec. 2308)
The House amendment contained a provision (sec. 2308)
that would prohibit the Secretary of the Air Force from using
any of the amounts authorized to be appropriated to acquire
property or interests in property at an unspecified location in
the Commonwealth of the Northern Mariana Islands until the
congressional defense committees have received a report from
the Secretary that provides the specific location of the
property or interest in property to be acquired, the total
cost, scope and location of military construction projects for
divert activities and exercises at the location, and an
analysis of any alternative locations considered, including
other locations or interests within the Commonwealth of the
Northern Mariana Islands or the Freely Associated States.
The Senate bill contained no similar provision.
The Senate recedes.
Title XXIV--Defense Agencies Military Construction
Summary
The budget request included authorization of
appropriations of $2.06 billion for military construction and
$62.4 million for family housing for the defense agencies in
fiscal year 2017.
The conference agreement includes authorization of
appropriations of $2.03 billion for military construction and
$62.4 million for family housing for the defense agencies in
fiscal year 2017.
The budget request included $10.0 million for contingency
construction at various world-wide locations. The conferees
note that the Department of Defense has not requested a
military construction project using funds from this account
since 2008. As such, the agreement recommends no funds, a
reduction of $10.0 million for this program.
The budget request included $10.0 million for the Energy
Conservation Investment Program's Planning and Design
activities. The conferees recommend that this program be
carried out as part of the Defense-Wide Military Construction
program. Therefore, the agreement recommends no funding for the
Energy Conservation Investment Program's Planning and Design
activities, a reduction of $10.0 million, and $23.5 million for
Defense Wide Military Construction Planning and Design
activities, an increase of $10.0 million, to reflect the
inclusion of the Energy Conservation Investment Program as part
of the Defense Wide Military Construction program.
The budget request included $71.6 million for the
National Geospatial Intelligence Agency Military Construction
Planning and Design activities. The conferees understand that
the National Geospatial Intelligence Agency would be unable to
execute the full amount requested for Military Construction
Planning and Design activities in fiscal year 2017. Therefore,
the agreement recommends $36.0 million, a reduction of $35.6
million, for this program.
In addition, the agreement recommends an increase of
funding for a military construction project not included in the
budget request, $15.0 million for the Missile Defense Agency
Military Construction Planning and Design activities for an
East Coast site for homeland missile defense.
Authorized Defense Agencies construction and land acquisition projects
(sec. 2401)
The Senate bill contained a provision (sec. 2401) that
would contain the list of authorized defense agencies'
construction projects for fiscal year 2017. The authorized
amounts are listed on an installation-by-installation basis.
The state list contained in this Act is intended to be the
binding list of the specific projects authorized at each
location.
The House amendment contained a similar provision (sec.
2401).
The Senate recedes with a technical amendment.
Authorized energy conservation projects (sec. 2402)
The House amendment contained a provision (sec. 2402)
that would authorize the Secretary of Defense to carry out
energy conservation projects valued at a cost greater than $3.0
million at the amounts authorized for each project at a
specific location. This section would also authorize the sum
total of projects across various locations, each project of
which is less than $3.0 million.
The Senate bill contained a similar provision (sec.
2402).
The Senate recedes.
Authorization of appropriations, Defense Agencies (sec. 2403)
The Senate bill contained a provision (sec. 2403) that
would authorize appropriations for the military construction
and family housing projects of the defense agencies authorized
for construction for fiscal year 2017. This provision would
also provide an overall limit on the amount authorized for
military construction and family housing projects for the
defense agencies.
The House amendment contained an identical provision
(sec. 2403).
The conference agreement includes this provision.
Modification of authority to carry out certain fiscal year 2014 project
(sec. 2404)
The Senate bill contained a provision (sec. 2404) that
would modify the authority contained in section 2401 of the
Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113-66) for the construction of a
high school at Royal Air Force Base Lakenheath, United Kingdom
to allow the construction of a combined middle/high school.
The House amendment contained an identical provision
(sec. 2404).
The conference agreement includes this provision.
Extension of authorizations of certain fiscal year 2013 projects (sec.
2405)
The Senate bill contained a provision (sec. 2405) that
would extend the authorization contained in section 2401 of the
Military Construction Authorization Act for Fiscal Year 2013
(division B of Public Law 112-239) for two projects 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.
The House amendment contained an identical provision
(sec. 2405).
The conference agreement includes this provision.
Extension of authorizations of certain fiscal year 2014 projects (sec.
2406)
The Senate bill contained a provision (sec. 2406) that
would extend the authorization contained in section 2401 of the
Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113-66) for ten projects until
October 1, 2017, or the date of enactment of an act authorizing
funds for the military construction for fiscal year 2018,
whichever is later.
The House amendment contained an identical provision
(sec. 2406).
The conference agreement includes this provision.
Title XXV--International Programs
Summary
The budget request included authorization of
appropriations of $177.9 million for military construction in
fiscal year 2017 for the North Atlantic Treaty Organization
(NATO) Security Investment Program. In addition, pursuant to
agreement with the Republic of Korea, the budget request
included a list of $618.6 million in military construction
projects to be funded as in-kind contributions by the Republic
of Korea.
The conference agreement includes this amount for the
NATO projects and the authorization to accept the military
construction projects funded by the Republic of Korea.
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Authorized NATO construction and land acquisition projects (sec. 2501)
The Senate bill contained a provision (sec. 2501) that
would authorize the Secretary of Defense to make contributions
to the North Atlantic Treaty Organization Security Investment
Program in an amount equal to the sum of the amount
specifically authorized in section 2502 of this title and the
amount of recoupment due to the United States for construction
previously financed by the United States.
The House amendment contained an identical provision
(sec. 2501).
The conference agreement includes this provision.
Authorization of appropriations, NATO (sec. 2502)
The Senate bill contained a provision (sec. 2502) that
would authorize appropriations of $177.9 million for the U.S.
contribution to the North Atlantic Treaty Organization Security
Investment Program for fiscal year 2017.
The House amendment contained an identical provision
(sec. 2502).
The conference agreement includes this provision.
Subtitle B--Host Country In-Kind Contributions
Republic of Korea funded construction projects (sec. 2511)
The Senate bill contained a provision (sec. 2511) that
would authorize the Secretary of Defense to accept 19 military
construction projects totaling $684.1 million from the Republic
of Korea as in-kind contributions.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Title XXVI--Guard and Reserve Forces Facilities
Summary
The budget request included $672.7 million for military
construction for National Guard and Reserve facilities for
fiscal year 2017.
The conference agreement includes authorization of
appropriations of $781.2 million for military construction for
National Guard and Reserve facilities in fiscal year 2017.
The agreement includes authorization for three projects
from the Army National Guard's unfunded requirements list:
$16.5 million for National Guard Readiness Center at Fort
Carson, Colorado; $20.0 million for Access Control Buildings at
Fort Indiantown Gap, Pennsylvania; and $31.0 million for a
General Instruction Building at Camp Guernsey, Wyoming.
The agreement includes authorization for one project from
the Army Reserves unfunded requirements list: $30.0 million for
an Army Reserve Center in Phoenix, Arizona.
The agreement includes authorization for two projects
from the Air National Guard's unfunded requirements list: $5.0
million for Munitions Load Crew Training/Corrosion Control
Facility at Joint Base Andrews, Maryland and $6.0 million for
Indoor Small Arms Range at Toledo Express Airport, Ohio.
Subtitle A--Project Authorizations and Authorizations of Appropriations
Authorized Army National Guard construction and land acquisition
projects (sec. 2601)
The Senate bill contained a provision (sec. 2601) that
would authorize military construction projects for the Army
National Guard for fiscal year 2017. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec.
2601).
The Senate recedes with a technical amendment.
Authorized Army Reserve construction and land acquisition projects
(sec. 2602)
The Senate bill contained a provision (sec. 2602) that
would authorize military construction projects for the Army
Reserve for fiscal year 2017. The authorized amounts are listed
on an installation-by-installation basis.
The House amendment contained a similar provision (sec.
2602).
The House recedes.
Authorized Navy Reserve and Marine Corps Reserve construction and land
acquisition projects (sec. 2603)
The Senate bill contained a provision (sec. 2603) that
would contain the list of authorized Navy Reserve and Marine
Corps Reserve construction projects for fiscal year 2017.
The House amendment contained an identical provision
(sec. 2603).
The conference agreement includes this provision.
Authorized Air National Guard construction and land acquisition
projects (sec. 2604)
The Senate bill contained a provision (sec. 2604) that
would authorize military construction projects for the Air
National Guard for fiscal year 2017. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec.
2604).
The Senate recedes.
Authorized Air Force Reserve construction and land acquisition projects
(sec. 2605)
The Senate bill contained a provision (sec. 2605) that
would authorize military construction projects for the Air
Force Reserve for fiscal year 2017. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec.
2605).
The House recedes.
Authorization of appropriations, National Guard and Reserve (sec. 2606)
The Senate bill contained a provision (sec. 2606) that
would authorize appropriations for the reserve component
military construction projects authorized for construction for
fiscal year 2017 in this Act. This provision would also provide
an overall limit on the amount authorized for military
construction projects for each of the reserve components of the
military departments. The state list contained in this report
is the binding list of the specific projects authorized at each
location.
The House amendment contained an identical provision
(sec. 2606).
The conference agreement includes this provision.
Subtitle B--Other Matters
Modification of authority to carry out certain fiscal year 2014 project
(sec. 2611)
The Senate bill contained a provision (sec. 2611) that
would modify the authorization contained in section 2602 of the
Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113-66) for construction of a new
Army Reserve Center at Bullville, New York to allow the
Secretary of the Army to add to or alter the existing Army
Reserve Center at that location.
The House amendment contained an identical provision
(sec. 2611).
The conference agreement includes this provision.
Modification of authority to carry out certain fiscal year 2015 project
(sec. 2612)
The Senate bill contained a provision (sec. 2612) that
would modify the authorizations contained in section 2603 of
the Military Construction Authorization Act for Fiscal Year
2015 (division B of Public Law 113-291), for construction of a
Reserve Training Center in Pittsburgh, Pennsylvania to allow
the acquisition of approximately 8.5 acres of adjacent land
necessary to construct road improvements and associated
supporting facilities to provide required access to that site.
The House amendment contained an identical provision
(sec. 2612).
The conference agreement includes this provision.
Modification of authority to carry out certain fiscal year 2016 project
(sec. 2613)
The House amendment contained a provision (sec. 2613)
that would modify the authority provided by section 2602 of the
Military Construction Authorization Act for Fiscal Year 2016
(division B of Public Law 114-92) to authorize the Secretary of
the Army to make certain modifications to the scope of a
previously authorized construction project.
The Senate bill contained no similar provision.
The Senate recedes.
Extension of authorization of certain fiscal year 2013 project (sec.
2614)
The Senate bill contained a provision (sec. 2613) that
would extend the authorization contained in section 2603 of the
Military Construction Authorization Act for Fiscal Year 2013
(division B of Public Law 112-239) for one project 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.
The House amendment contained an identical provision
(sec. 2614).
The conference agreement includes this provision.
Extension of authorizations of certain fiscal year 2014 projects (sec.
2615)
The Senate bill contained a provision (sec. 2614) that
would extend the authorization contained in sections 2602,
2603, 2604, and 2605 of the Military Construction Authorization
Act for Fiscal Year 2014 (division B of Public Law 113-66) for
six projects 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.
The House amendment contained an identical provision
(sec. 2615).
The conference agreement includes this provision.
Legislative Provisions Not Adopted
Report on replacement of security forces and communications training
facility at Frances S. Gabreski Air National Guard Base, New
York
The Senate bill contained a provision (sec. 2615) that
would require the Secretary of the Air Force to submit a report
to the congressional defense committees assessing the need to
replace security forces and communication facilities at Frances
S. Gabreski Air National Guard Base, New York.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of the Air Force to
provide the congressional defense committees, by April 1, 2017,
a report detailing an assessment of the need to replace
security forces and communication facilities at Frances S.
Gabreski Air National Guard Base, New York.
Title XXVII--Base Realignment and Closure Activities
Summary
The budget request included authorization of
appropriations of $205.2 million for the ongoing cost of
environmental remediation and other activities necessary to
continue implementation of the 1988, 1991, 1993, 1995, and 2005
Base Realignment and Closure (BRAC) rounds.
The conference agreement includes authorization of
appropriations of $240.7 million for activities related to BRAC
activities from previous rounds. This includes $24.5 million,
an increase of $10.0 million, for the Army, $159.4 million, an
increase of $25.0 million, for the Navy, and $56.4 million, as
included in the budget request, for the Air Force.
Extension of authorizations of certain fiscal year 2014 projects (sec.
2701)
The Senate bill contained a provision (sec. 2701) that
would authorize appropriations for fiscal year 2017 for ongoing
activities that are required to implement the decisions of the
1988, 1991, 1993, 1995, and 2005 Base Realignment and Closure
rounds.
The House amendment contained an identical provision
(sec. 2701).
The conference agreement includes this provision.
Prohibition on conducting additional base realignment and closure
(BRAC) round (sec. 2702)
The Senate bill contained a provision (sec. 2702) that
would make clear that nothing in this Act shall be construed to
authorize a future Base Realignment and Closure (BRAC) round.
Elsewhere in the Act, the Senate recommended a reduction of
$4.0 million for BRAC planning activities.
The House amendment contained a similar provision (sec.
2701).
The House recedes.
The conferees remain concerned that the Secretary of
Defense has yet to provide the force structure plan, the
infrastructure inventory, and the assessment of infrastructure
necessary to support the force structure that were required to
be prepared under section 2815 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1175). The conferees believe this congressionally
directed report is necessary in order to evaluate the
Department's need, and request for a new base realignment and
closure round.
Title XXVIII--Military Construction General Provisions
Subtitle A--Military Construction Program and Military Family Housing
Changes
Modification of criteria for treatment of laboratory revitalization
projects as minor military construction projects (sec. 2801)
The Senate bill contained a provision (sec. 220) that
would modify the authority to use minor military construction
to revitalize antiquated laboratories and to increase the scope
of the projects that are allowed under this provision to $6.0
million. Additionally, this provision would extend the
authorization to 2025.
The House amendment contained a similar provision (sec.
2801).
The Senate recedes with an amendment that includes the
extension of the authorization through 2025.
Classification of facility conversion projects as repair projects (sec.
2802)
The House amendment contained a provision (sec. 2802)
that would amend section 2811 of title 10, United States Code,
to re-classify facility conversion as repair, thereby allowing
all work within the existing dimensions of a facility to be
considered repair.
The Senate bill contained no similar provision.
The Senate recedes.
Limited authority for scope of work increase (sec. 2803)
The Senate bill contained a provision (sec. 2802) that
would allow the Department of Defense to increase the scope of
military construction projects by up to 10 percent above the
amount authorized by Congress after notifying the appropriate
congressional committees.
The House amendment contained no similar provision.
The House recedes.
Extension of temporary, limited authority to use operation and
maintenance funds for construction projects in certain areas
outside the United States (sec. 2804)
The Senate bill contained a provision (sec. 2801) that
would reauthorize contingency construction authority in certain
areas outside the United States for an additional year.
The House amendment contained a similar provision (sec.
2803) that would provide continued authority for the Secretary
of Defense to use funds appropriated for Operation and
Maintenance for military construction to meet temporary
operational requirements during a time of declared war,
national emergency, or contingency operation through the end of
fiscal year 2017.
The Senate recedes.
Authority to expand energy conservation construction program to include
energy resiliency projects (sec. 2805)
The House amendment contained a provision (sec. 2805)
that would amend section 2914 of title 10, United States Code,
to address gaps in the information contained in congressional
notifications submitted by the Secretary of Defense for the
Energy Conservation Investment Program. This section would also
add an annual reporting requirement on the status of projects
being executed under the program beginning with fiscal year
2017 and ending with fiscal year 2020.
The Senate bill contained a related provision (sec. 2811)
that would allow the Energy Conservation Investment Program to
invest in projects relating to resiliency and security.
The Senate recedes with an amendment to expand the
authority of the Energy Conservation Investment Program to
include resiliency projects.
Additional entities eligible for participation in defense laboratory
modernization pilot program (sec. 2806)
The House amendment contained a provision (sec. 2806)
that would expand the defense laboratory modernization pilot
program to include 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.
The Senate bill contained no similar provision.
The Senate recedes.
Extension of temporary authority for acceptance and use of
contributions for certain construction, maintenance, and repair
projects mutually beneficial to the Department of Defense and
Kuwait military forces (sec. 2807)
The Senate bill contained a provision (sec. 2803) that
would make permanent the authority to accept contributions from
the Government of Kuwait for certain infrastructure projects
that are mutually beneficial to the Department of Defense and
Kuwait Military Forces.
The House amendment contained a similar provision (sec.
2804) that would extend for 5 years the temporary project
authority for acceptance and use of contributions for
construction, maintenance, and repair projects mutually
beneficial to the Department of Defense and Kuwait military
forces from September 30, 2020, to September 30, 2025.
The House recedes with an amendment that would extend the
temporary project authority for 10 years.
Subtitle B--Real Property and Facilities Administration
Acceptance of military construction projects as payments in-kind and
in-kind contributions (sec. 2811)
The House amendment contained a provision (sec. 2811)
that would establish a notification requirement for payment in-
kind and in-kind contributions used for overseas military
construction projects and repeal the authorization requirement
established for such projects in section 2803 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291).
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Allotment of space and provision of services to WIC offices operating
on military installations (sec. 2812)
The House amendment contained a provision (sec. 2813)
that would authorize the Secretary of a military department to
allot space and services on military installations to local
agencies administering WIC programs to service members and
their families.
The Senate bill contained no similar provision.
The Senate recedes.
Sense of Congress regarding inclusion of stormwater systems and
components within the meaning of ``wastewater system'' under
the Department of Defense authority for conveyance of utility
systems (sec. 2813)
The House amendment contained a provision (sec. 2815)
that would express the sense of Congress that stormwater
systems and components are included within the meaning of
``wastewater system'' under the Department of Defense authority
for conveyance of utility systems in section 2688 of title 10,
United States Code.
The Senate bill contained no similar provision.
The Senate recedes.
Assessment of public schools on Department of Defense installations
(sec. 2814)
The Senate bill contained a provision (sec. 575) that
would require the Comptroller General of the United States to
submit a report, within 1 year after the date of enactment of
this Act, which provides an analysis of the condition and
capacity of public schools on military installations. The
provision would require the analysis to include schools omitted
from the July 2011 Department of Defense analysis of such
schools.
The House amendment contained a provision (sec. 2816)
that would require the Secretary of Defense, within 1 year of
the date of enactment of this Act, to submit a report to the
congressional defense committees, which includes an update to
the July 2011 assessment on the condition and capacity of
elementary and secondary public schools on military
installations.
The Senate recedes with an amendment that would require
the Secretary to submit additional information in the report
required under this provision on the status of funds
appropriated and the schedule for completion of projects
approved for funding. Additionally, the provision would require
the Comptroller General of the United States to submit a report
to the congressional defense committees, within 180 days after
the date of submission of the report by the Secretary,
providing an evaluation of the accuracy and analytical
sufficiency of the updated assessment conducted by the
Department of Defense.
Prior certification required for use of Department of Defense
facilities by other Federal agencies for temporary housing
support (sec. 2815)
The House amendment contained a provision (sec. 2812)
that would prohibit any military installation, not including
those installations located outside of the United States, from
being used to house unaccompanied alien children.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to certify that the use of federal
facilities by another agency would not negatively affect
military training, operations, readiness, or other military
requirements.
Subtitle C--Land Conveyances
Land conveyances, High Frequency Active Auroral Research Program
facility and adjacent property, Gakona, Alaska (sec. 2821)
The Senate bill contained a provision (sec. 2823) that
would authorize the Secretary of the Air Force to convey a
portion of the property that was used for the High Frequency
Active Auroral Research Program near the Gulkana Village to the
University of Alaska for consideration that the Secretary
determines is appropriate. The provision would authorize the
Secretary of the Air Force to convey another portion of the
property, for consideration, to the Ahtna Alaska Native
Corporation from which the property was purchased by the
Secretary.
The House amendment contained a similar provision (sec.
2831).
The House recedes.
Land conveyance, Campion Air Force Radar Station, Galena, Alaska (sec.
2822)
The Senate bill contained a provision (sec. 2822) that
would authorize the Secretary of the Air Force to convey the
former Campion Air Force station to the town of Galena, Alaska.
The House amendment contained a similar provision (sec.
2832).
The House recedes.
Lease, Joint Base Elmendorf-Richardson, Alaska (sec. 2823)
The Senate bill contained a provision (sec. 2826) that
would authorize the Secretary of the Air Force to lease certain
property at Joint Base Elmendorf-Richardson to the Municipality
of Anchorage, Alaska and Mountain View Loins Club.
The House amendment contained no similar provision.
The House recedes.
Transfer of administrative jurisdictions, Navajo Army Depot, Arizona
(sec. 2824)
The Senate bill contained a provision (sec. 2825) that
would provide for the transfer of administrative jurisdiction
of property at Navajo Army Depot, Arizona, to the Department of
the Army for the purposes of continued military operations.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Exchange of property interests, San Diego Unified Port District,
California (sec. 2825)
The House amendment contained a provision (sec. 2833)
that would authorize the Secretary of the Navy to exchange
approximately 0.33 acres in San Diego, California that contains
48 parking spaces, with the San Diego Unified Port District in
return for property of equal value, and without encumbrances,
that provides the rights to an equivalent number of parking
spaces.
The Senate bill contained no similar provision.
The Senate recedes.
Release of property interests retained in connection with land
conveyance, Eglin Air Force Base, Florida (sec. 2826)
The House amendment contained a provision (sec. 2834)
that would authorize the Secretary of the Air Force to release
any and all exceptions, limitations, and conditions specified
by the United States in the deeds conveying approximately 126
acres of real property in Okaloosa County, Florida, which were
conveyed to the Air Force Enlisted Men's Widows and Dependents
Home Foundations, Incorporated.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Land exchange, Fort Hood, Texas (sec. 2827)
The House amendment contained a provision (sec. 2835)
that would authorize the Secretary of the Army to exchange land
at Fort Hood, Texas, with the City of Copperas Cove, Texas, to
support the city's efforts to improve arterial transportation
routes in the vicinity of Fort Hood and to promote economic
development.
The Senate bill contained no similar provision.
The Senate recedes.
Land conveyance, P-36 Warehouse, Colbern United States Army Reserve
Center, Laredo, Texas (sec. 2828)
The House amendment contained a provision (sec. 2836)
that would authorize the Secretary of the Army to convey,
without consideration, to the Laredo Community College all
right, title, and interest of the United States in and to the
approximately 725 square foot Historic Building, P-36
Quartermaster Warehouse, at Colbern United States Army Reserve
Center, Laredo, Texas.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Land conveyance, St. George National Guard Armory, St. George, Utah
(sec. 2829)
The House amendment contained a provision (sec. 2837)
that would authorize the Secretary of the Interior to covey,
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,
for the purpose of permitting the Utah National Guard to use
the conveyed land for military purposes.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would include a
reversionary clause.
Land acquisitions, Arlington County, Virginia (sec. 2829A)
The Senate bill contained a provision (sec. 2821) that
would authorize the Secretary of the Army to acquire by
whatever means the Secretary determines is sufficient for the
expansion of Arlington National Cemetery in order to maximize
the number of interment sites and the compatible use of
adjacent properties.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Release of restrictions, Richland Innovation Center, Richland,
Washington (sec. 2829B)
The House amendment contained a provision (sec. 2838)
that would authorize the Secretary of Transportation, acting
through the Maritime Administrator and in consultation with the
Administrator of General Services, to release, for
consideration, to the Port of Benton all remaining right,
title, and interest of the United States in and to a parcel of
real property consisting of approximately 71.5 acres, including
any improvements thereon, in Richland, Washington.
The Senate bill contained no similar provision.
The Senate recedes.
Modification of land conveyance, Rocky Mountain Arsenal National
Wildlife Refuge (sec. 2829C)
The House amendment contained a provision (sec. 2839)
that would amend section 5(d)(1) of the Rocky Mountain Arsenal
National Wildlife Refuge Act of 1992 (Public Law 102-402), to
stipulate that 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 it is determined, through a risk assessment, that the
property is protective for the proposed use.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow
property to be used 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. The
provision would further state that the Secretary of the Army is
not responsible for the cost of risk assessment, any damages
attributable to the use as a result of any modification to the
original deed restriction, or costs of any actions taken in
response to such damages.
Closure of St. Marys Airport (sec. 2829D)
The House amendment contained a provision (sec. 2839A)
that would provide for the release of the City of St. Marys,
Georgia, from its obligations to the Federal Aviation
Administration (FAA) associated with operation of an airport
and for the Secretary of the Navy to pay for certain costs owed
by the City of St. Marys to FAA associated with the release.
This would then lead to the closure of the airport.
The Senate bill contained no similar provision.
The Senate recedes.
Transfer of Fort Belvoir Mark Center Campus from the Secretary of the
Army to the Secretary of Defense and applicability of certain
provisions of law relating to the Pentagon Reservation (sec.
2829E)
The Senate bill contained a provision (sec. 2824) that
would transfer the administrative jurisdiction of the Fort
Belvoir Mark Center, where the Washington Headquarters Service
is located, from the Secretary of the Army to the Secretary of
Defense.
The House amendment contained no similar provision.
The House recedes.
Return of certain lands at Fort Wingate to the original inhabitants
(sec. 2829F)
The House amendment contained a provision (sec. 7005)
that would incorporate the Return of Certain Lands at Fort
Wingate to The Original Inhabitants Act into this Act. This Act
would require all U.S. interest in and to specified lands of
the former Fort Wingate Depot Activity in McKinley County, New
Mexico, transferred to the Department of the Interior to be
held in trust for: (1) the Zuni Tribe as part of the Zuni
Reservation; and (2) the Navajo Nation as part of the Navajo
Reservation.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would limit the
term of the utility easements.
Subtitle D--Military Memorials, Monuments, and Museums
Cyber Center for Education and Innovation--Home of the National
Cryptological Museum (sec. 2831)
The Senate bill contained a provision (sec. 1673) that
would authorize the Secretary of Defense to establish a Cyber
Center for Education and Innovation and National Cryptologic
Museum at Fort George G. Meade, and to enter into an agreement
with a non-profit organization to design, construct, and
operate the Center.
The House amendment contained a similar provision (sec.
2851).
The Senate recedes with technical amendment.
Renaming site of the Dayton Aviation Heritage National Historical Park,
Ohio (sec. 2832)
The House amendment contained a provision (sec. 2852)
that would modify the name of the John W. Berry, Sr. Wright
Brothers Aviation Center, Dayton, Ohio, to the John W. Berry,
Sr. Wright Brothers National Museum, Dayton, Ohio.
The Senate bill contained no similar provision.
The Senate recedes.
Women's military service memorials and museums (sec. 2833)
The Senate bill contained a provision (sec. 340) that
would provide permissive authority to the Secretary of Defense
to enter into a contract, or contracts, valued at no more than
$5,000,000, with a non-profit organization for the acquisition,
installation, and maintenance of exhibits, facilities,
historical displays, and programs at military service memorials
and museums that highlight the role of women in the military.
The House amendment contained a similar provision (sec.
2853).
The House recedes.
The conferees note the important role of women in the
military history of the United States and directs the Secretary
of Defense to notify the congressional defense committees upon
funding being used to honor the service and sacrifice of these
women.
Petersburg National Battlefield boundary modification (sec. 2834)
The House amendment contained a provision (sec. 2854)
that would authorize the Secretary of the Interior to acquire
the land and interest in land, only from willing sellers and
without use of condemnation, to expand the boundary of the
Petersburg National Battlefield. This section would also
authorize a land swap of approximately 1.170-acres between the
Secretary of the Interior and the Secretary of the Army.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Subtitle E--Designations and Other Matters
Designation of portion of Moffett Federal Airfield, California, as
Moffett Air National Guard Base (sec. 2841)
The House amendment contained a provision (sec. 2861)
that would designate the 111-acre cantonment area at Moffett
Federal Airfield, California, utilized by the California Air
National Guard as ``Moffett Air National Guard Base.''
The Senate bill contained no similar provision.
The Senate recedes.
Redesignation of Mike O'Callaghan Federal Medical Center (sec. 2842)
The House amendment contained a provision (sec. 2862)
that would rename the Mike O'Callaghan Federal Medical Center
to the Mike O'Callaghan Military Medical Center by amending the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201), as amended by section
8135(a) of the Department of Defense Appropriations Act, 1997
(section 101(b) of division A of the Omnibus Consolidated
Appropriations Act, 1997 (Public Law 104-208), and as amended
by section 2862 of the Military Construction Authorization Act
for Fiscal Year 2012 (division B of Public Law 112-81).
The Senate bill contained no similar provision.
The Senate recedes.
Replenishment of Sierra Vista subwatershed regional aquifer, Arizona
(sec. 2843)
The Senate bill contained a provision that would allow
the Secretary of the Army or the Secretary of the Interior to
enter into a cooperative agreement with the Cochise
Conservation Recharge Network, Arizona, in support of efforts
to replenish the regional aquifer identified under Section
321(g) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136).
The House amendment contained no similar provision.
The House recedes.
Limited exceptions to restriction on development of public
infrastructure in connection with realignment of Marine Corps
forces in Asia-Pacific region (sec. 2844)
The House amendment contained a provision (sec. 2821)
that would amend restrictions placed on the development of
civilian infrastructure on Guam to support the realignment of
Marine Corps Forces in the Asia-Pacific region to allow the use
of funds for infrastructure projects that are identified in the
report of the Economic Adjustment Committee required by section
2822(d) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would lift the
restriction for the cultural repository facility where
artifacts discovered during military construction projects
would be stored.
Permanent withdrawal or transfer of administrative jurisdiction of
public land, Naval Air Weapons Station China Lake, California
(sec. 2845)
The House amendment contained a provision (sec. 2842)
that would amend section 2979 of the Military Construction
Authorization Act for Fiscal Year 2014 (division B of Public
Law 113-66) to make permanent or authorize transfer of
administrative jurisdiction of the public land withdrawal for
Naval Air Weapons China Lake, California.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would provide
for a 50 year withdrawal of the land.
Legislative Provisions Not Adopted
Sense of Congress on maximizing number of veterans employed on military
construction projects
The House amendment contained a provision (sec. 2807)
that would express the sense of Congress that the Department of
Defense should seek ways to employ veterans on military
construction projects.
The Senate bill contained no similar provision.
The House recedes.
Authority of the Secretary concerned to accept lessee improvements at
Government-owned/contractor-operated industrial plants or
facilities
The Senate bill contained a provision (sec. 2812) that
would amend section 2535 of title 10, United States Code, to
allow a service secretary to accept facility improvements of
the leased plant or facility if necessary for the development
or production of military weapon systems, munitions,
components, or supplies. Upon completion of the improvement the
Department of Defense would assume ownership.
The House amendment contained no similar provision.
The Senate recedes.
Treatment of insured depository institutions operating on land leased
from military installations
The Senate bill contained a provision (sec. 2813) that
would amend section 2667 of title 10, United States Code, to
authorize the Secretary concerned to treat all Federal or State
chartered insured depository institutions to be treated equally
with regard to certain financial arrangements.
The House amendment contained no similar provision.
The Senate recedes.
Sense of Congress regarding need to consult with State and local
officials prior to acquisitions of real property
The House amendment contained a provision (sec. 2814)
that would express the sense of Congress regarding the need for
the Department of Defense to consult with state and local
officials prior to acquisitions of real property.
The Senate bill contained no similar provision.
The House recedes.
Improved process for disposal of Department of Defense surplus real
property located overseas
The House amendment contained a provision (sec. 2817)
that would amend section 2687a of title 10, United States Code,
to require the Secretary of Defense to establish a process for
foreign governments to petition to transfer surplus real estate
property in the foreign country.
The Senate bill contained no similar provision.
The House recedes.
Prohibition on transfer of administrative jurisdiction, portion of
Organ Mountains Area, Fillmore Canyon, New Mexico
The House amendment contained a provision (sec. 2839B)
that would prohibit the Secretary of Defense from transferring
the administrative jurisdiction over the parcel of Federal land
depicted as ``Parcel D'' on the map entitled ``Organ Mountains
Area--Fillmore Canyon'' and dated April 19, 2016 from the
Department of Defense to the Secretary of the Interior.
The Senate bill contained no similar provision.
The House recedes.
Bureau of Land Management withdrawn military lands under Military Lands
Withdrawal Act of 1999
The House amendment contained a provision (sec. 2841)
that would extend the public lands withdrawn for military
purposes listed in the Military Lands Withdrawal Act of 1999
(title 30 of Public Law 106-65) until the Secretary of a
military department determines a military purpose does not
exist, or the Secretary of Interior permanently transfers the
administrative jurisdiction to the Secretary of the military
department concerned.
The Senate bill contained no similar provision.
The House recedes.
Certification of optimal location for 4th and 5th generation combat
aircraft basing and for rotation of forces at Naval Air Station
El Centro or Marine Corps Air Station Kaneohe Bay
The Senate bill contained a provision (sec. 2851) that
would prohibit the expenditure of any funds for the
construction of hangars, housing, maintenance or related
facilities to support any current or future F/A-18 or F-35
squadrons at Naval Air Station Lemoore until an analysis of
operational requirements confirms that Naval Air Station
Lemoore is the optimal location for those squadrons.
The House amendment contained no similar provision.
The Senate recedes.
Amendments to the National Historic Preservation Act
The House amendment contained a provision (sec. 2855)
that would prohibit the designation of Federal property as a
National Historic Landmark or for nomination to the World
Heritage List if the head of the agency managing the Federal
property objects to such inclusion or designation for reasons
of national security. This section would also authorize the
expedited removal of Federal property listed on the National
Register of Historic Places if the managing agency of that
Federal property submits a request to the Secretary of Interior
for such removal for reasons of national security.
The Senate bill contained no similar provision.
The House recedes.
Recognition of the National Museum of World War II Aviation
The House amendment contained a provision (sec. 2856)
that would require a certification by the Secretary of the Air
Force, Secretary of the Navy, and Secretary of the Army to
allow recognition of the National Museum of World War II
Aviation in Colorado Springs, Colorado, as America's National
World War II Aviation Museum.
The Senate bill contained no similar provision.
The House recedes.
Battleship preservation grant program
The House amendment contained a provision (sec. 2857)
that would create a grant program for the Department of the
Interior for the preservation of United States' most historic
battleships.
The Senate bill contained no similar provision.
The House recedes.
Implementation of lesser prairie-chicken range-wide conservation plan
and other conservation measures
The House amendment contained a provision (sec. 2865)
that would prohibit the Secretary of Interior from treating the
Lesser Prairie Chicken as a threatened or endangered species
under the Endangered Species Act of 1973 before December 31,
2022.
The Senate bill contained no similar provision.
The House recedes.
Transfer of certain items of the Omar Bradley Foundation to the
descendants of General Omar Bradley
The House amendment contained a provision (sec. 2863)
that would authorize the transfer of certain items of the Omar
Bradley estate under the control of the Omar Bradley Foundation
to the descendants of General Omar Bradley.
The Senate bill contained no similar provision.
The House recedes.
Protection and recovery of Greater Sage Grouse
The House amendment contained a provision (sec. 2864)
would delay any finding by the Secretary of the Interior with
respect to the Greater Sage Grouse under clause (i), (ii), or
(iii) of section 4(b)(3)(B) of the Endangered Species Act of
1973 (16 U.S.C. 1533(b)(3)(B)) through September 30, 2025. In
an effort to foster greater coordination between the States and
the Federal Government regarding management plans for the
Greater Sage Grouse, this section would prohibit the Secretary
of the Interior and the Secretary of Agriculture from amending
any Federal resource management plan applicable to Federal
lands in a State in which the Governor of the State has
notified the Secretaries concerned that the State has a State
management plan in place. Lastly, this section would also
require the Secretary of the Interior and the Secretary of
Agriculture to jointly submit an annual report to the Committee
on Natural Resources of the House of Representatives through
2026 on the effectiveness of the systems to monitor the status
of Greater Sage Grouse on Federal lands under their
jurisdiction.
The Senate bill contained no similar provision.
The House recedes.
Removal of endangered species status for American burying beetle
The House amendment contained a provision (sec. 2866)
would remove the endangered species status for the American
Burying Beetle.
The Senate bill contained no similar provision.
The House recedes.
Report on documentation for acquisition of certain properties along
Columbia River, Washington, by Corps of Engineers
The House amendment contained a provision (sec. 2867)
that would require a report from the Secretary of the Army on
the process by which the Corps of Engineers acquired certain
properties along the Columbia River in Washington.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of the Army to provide
a report to the congressional defense committees by March 1,
2017 on the process by which the Corps of Engineers acquired
certain properties along the Columbia River in Washington as
described in paragraph (2) of section 501(i) of the Water
Resources Development Act of 1996 (Public Law 104-303; 110
Stat. 3752), and shall include in the report the specific legal
documentation pursuant to which the properties were acquired.
Title XXIX--Overseas Contingency Operations Military Construction
Authorized Navy construction and land acquisition projects (sec. 2901)
The Senate bill contained a provision (sec. 2901) that
would authorize Navy and Marine Corps military construction
projects for fiscal year 2017 for overseas contingency
operations. The authorized amounts are listed on an
installation-by-installation basis.
The House amendment contained an identical provision
(sec. 2901).
The conference agreement includes this provision.
Authorized Air Force construction and land acquisition projects (sec.
2902)
The Senate bill contained a provision (sec. 2902) that
would authorize Air Force military construction projects for
fiscal year 2017 for overseas contingency operations. The
authorized amounts are listed on an installation-by-
installation basis.
The House amendment contained an identical provision
(sec. 2902).
The conference agreement includes this provision.
Authorization of appropriations (sec. 2903)
The Senate bill contained a provision (sec. 2903) that
would authorize appropriations for military construction for
the specified projects in the overseas contingency operations
account for fiscal year 2017.
The House amendment contained a similar provision (sec.
2903).
The Senate recedes.
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
Definitions (sec. 3001)
The Senate bill contained a provision (sec. 2832) that
would define the terms Exchange Map, Federal Land, Non-Federal
Land, Secretary, and State.
The House amendment contained a similar provision (sec.
3001).
The House recedes with a technical edit.
Memorandum of agreement (sec. 3002)
The Senate bill contained a provision (sec. 2833) that
would require the Secretary of the Air Force and the Secretary
of the Interior to enter into a memorandum of agreement that
authorizes the Secretary of the Air Force, in consultation with
the Secretary of the Interior, to impose limited closures of
specific Bureau of Land Management land for military operations
and national security and public safety purposes at the Utah
Test and Training Range.
The House amendment contained a similar provision (sec.
3011).
The House recedes with a technical edit.
Temporary closures (sec. 3003)
The Senate bill contained a provision (sec. 2834) that
would allow the Secretary of the Air Force, in consultation
with the Secretary of the Interior, to determine necessary
temporary closures related to the military operations, public
safety, or national security.
The House amendment contained a similar provision (sec.
3012).
The House recedes with a technical edit.
Liability (sec. 3004)
The Senate bill contained a provision (sec. 2835) that
would hold harmless the United States, including all
departments, agencies, officers, and employees and not be
liable for any injury or damage to any individual or property
suffered in the course of any mining, mineral, or geothermal
activity, or any other authorized non defense-related activity
conduction on BLM Land.
The House amendment contained an identical provision
(sec. 3014).
The conference agreement includes this provision.
Community resource advisory group (sec. 3005)
The Senate bill contained a provision (sec. 2836) that
would require the establishment of the Utah Test and Training
Range Community Relations Advisory Group not later than 90 days
after enactment of this Act.
The House amendment contained a similar provision (sec.
3013).
The House recedes with an amendment to change the
termination period for the advisory group from 10 to 7 years,
and authorize the group, acting jointly with Secretary of
Interior, to elect to terminate the group earlier.
Savings clauses (sec. 3006)
The Senate bill contained a provision (sec. 2837) that
would outline the limitations of this act on current
agreements.
The House amendment contained a similar provision (sec.
3015).
The House recedes.
Subtitle B--Bureau of Land Management Land Exchange with State of Utah
Definitions (sec. 3011)
The Senate bill contained a provision (sec. 2841) that
would provide for definitions for BLM Land, Secretary of the
Interior, the State of Utah, and the Utah Test and Training
Range.
The House amendment contained a similar provision (sec.
3022).
The House recedes with a technical edit.
Exchange of Federal land and non-Federal land (sec. 3012)
The Senate bill contained a provision (sec. 2842) that
would outline the manner in which the exchange of federal land
and non-federal land would take place.
The House amendment contained a similar provision (sec.
3023).
The House recedes.
Status and management of non-Federal land acquired by the United States
(sec. 3013)
The Senate bill contained a provision (sec. 2843) that
would stipulate the management of non-federal land acquired by
the United States.
The House amendment contained a similar provision (sec.
3024).
The House recedes.
Hazardous substances (sec. 3014)
The Senate bill contained a provision (sec. 2844) that
would stipulate the responsible party for any costs related to
the cleanup of hazardous materials.
The House amendment contained a similar provision (sec.
3025).
The House recedes with a technical edit.
Legislative Provisions Not Adopted
Short title
The Senate bill contained a provision (sec. 2831) that
would allow for the section to be cited as the ``Utah Test and
Training Range Encroachment Prevention and Temporary Closure
Act.''
The House amendment contained no similar provision.
The Senate recedes.
Findings and purpose
The House amendment contained a provision (sec. 3021)
that would state the key findings and define the purpose for
the Land Exchange of certain Federal land and non-Federal land
between the United States and the State of Utah.
The Senate bill contained no similar provision.
The House recedes.
Recognition and transfer of certain highway rights-of-way
The House amendment contained a provision (sec. 3031)
that would recognize the existence and validity of certain
highway rights-of-way and authorize the Secretary with
administrative jurisdiction to convey, without consideration,
to certain counties and the State of Utah as joint tenants,
easements for motorized travel rights-of-way across Federal
land for all highways as shown and described in the official
transportation maps, but excludes any class D road located
within the boundaries of Cedar Mountain Wilderness Area or any
wilderness study area designated in law or by administrative
action in any of the counties.
The Senate bill contained no similar provision.
The House recedes.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
Title XXXI--Department of Energy National Security Programs
Subtitle A--National Security Programs Authorizations
National Nuclear Security Administration (sec. 3101)
The Senate bill contained a provision (sec. 3101) that
would authorize a total of $12.9 billion for the Department of
Energy in fiscal year 2017 for the National Nuclear Security
Administration to carry out programs necessary to national
security.
The House amendment contained a similar provision (sec.
3101) that would authorize appropriations for the National
Nuclear Security Administration for fiscal year 2017 and would
also authorize new plant projects for the National Nuclear
Security Administration.
The Senate recedes.
The Department of Energy's (DOE) National Nuclear
Security Administration (NNSA) is pursuing a revised strategy
for its Chemistry and Metallurgy Research Replacement (CMRR)
project after spending $500.0 million on the design of the
original project and cancelling the Nuclear Facility subproject
in 2014. The revised project, which is now broken down into 4
subprojects, includes renovating two existing facilities, the
RLUOB and the PF-4 facility, at NNSA's Los Alamos site and
installing plutonium research equipment in those facilities to
support NNSA's plutonium pit production and defense plutonium
work in the near term. NNSA is also studying the possibility
that, in the future, it may need to expand the capacity for
plutonium chemistry and research beyond that provided by the 4
subprojects. In addition, NNSA is looking at a modular approach
of constructing one or more identical buildings to support
future plutonium pit manufacturing requirements beyond what can
be currently produced in PF-4. In accordance with DOE Order
413.3B and the Secretary's guidance on project management, NNSA
is currently conducting an analysis of alternatives for the
proposed modular approach.
The conferees are pleased that NNSA has adopted a
strategy that maximizes the space within existing facilities to
the greatest extent practicable while continuing to examine
options to support future work. However, while the conferees
recognize the complexity and importance of the CMRR project and
defense-related plutonium activities in general, the conferees
remain concerned that NNSA has not adequately estimated the
cost and schedule, nor properly specified project requirements,
for either the CMRR project or the proposed modular approach to
ensure that the two projects together will provide the
capabilities needed to support NNSA's plutonium strategy,
including legislatively directed pit production levels.
To enable the conferees to monitor any future cost
increases and schedule delays associated with these projects,
the conferees direct NNSA to brief the congressional defense
committees, no later than October 1, 2017, on the status of its
actions taken to address the recommendations contained within a
recent Government Accountability Office report numbered GAO-16-
585 and titled ``DOE Project Management: NNSA Needs to Clarify
Requirements for Its Plutonium Analysis Project at Los
Alamos''. This briefing should be accompanied by a written
briefing document.
This briefing should clarify the relationship between the
requirements for the CMRR project and the proposed modular
approach and NNSA's plutonium strategy. The briefing should
identify any gaps between the capabilities these projects will
deliver and the requirements of the plutonium strategy and
provide information on NNSA plans to address any such gaps. The
briefing should also address the degree to which these projects
can provide plutonium capabilities to support other DOE
activities outside of the Office of Defense Programs. Finally,
the briefing should provide an update on the analysis of
alternatives for the proposed modular approach, including the
specific requirements identified, the analysis conducted for
each alternative identified, and the proposed path forward, if
known.
Defense environmental cleanup (sec. 3102)
The Senate bill contained a provision (sec. 3102) that
would authorize appropriations for defense environmental
cleanup activities for fiscal year 2017.
The House amendment contained a similar provision (sec.
3102).
The Senate recedes.
Other defense activities (sec. 3103)
The Senate bill contained a provision (sec. 3103) that
would authorize appropriations for other defense activities for
the Department of Energy for fiscal year 2017.
The House amendment contained an identical provision
(sec. 3103).
The conference agreement includes this provision.
Nuclear energy (sec. 3104)
The Senate bill contained a provision (sec. 3104) that
would authorize appropriations for certain nuclear energy
programs for the Department of Energy for fiscal year 2017.
The House amendment contained an identical provision
(sec. 3104).
The conference agreement includes this provision.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Independent acquisition project reviews of capital assets acquisition
projects (sec. 3111)
The House amendment contained a provision (sec. 3111)
that would ensure that an independent entity conducts reviews
of each capital asset acquisition project as the project moves
toward the approval of each critical decision, 0, 1 and 2 in
the acquisition process.
The Senate bill contained no similar provision.
The Senate recedes.
Protection of certain nuclear facilities and assets from unmanned
aircraft (sec. 3112)
The House amendment contained a provision (sec. 3119C)
that would authorize the Secretary of Energy to take actions
that are necessary to mitigate the threat of an unmanned
aircraft system or unmanned aircraft that poses an imminent
threat to the safety or security of a covered facility or asset
that is identified by the Secretary of Energy, is located in
the United States, and is owned by the United States, or
contracted to the United States, to store or use special
nuclear material.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary, notwithstanding title 18 of the United States
Code, to take actions 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. The amendment would also clarify
the actions that would be authorized.
Common financial reporting system for the nuclear security enterprise
(sec. 3113)
The Senate Bill contained a provision (sec. 3111) that
would require the Administrator of the National Nuclear
Security Administration (NNSA) to complete implementation of a
common financial system for the nuclear security enterprise no
later than 3 years after the date of enactment of this Act.
The House amendment contained no similar provision. The
House recedes with an amendment that would adjust the timeline
for implementation to four years; require the Administrator to
work in consultation with NNSA Council; clarify that
implementation of a common system should be to the extent
practicable; that such system should be for common financial
reporting system rather than a common financial system; while
leveraging CAPE where appropriate; and ensure the reports
required on progress of implementation include discussion of
benefits, costs and challenges related to implementation.
The conferees note that the intention of this provision
is not to enforce a single financial accounting system upon the
various management and operating contractors of the nuclear
security enterprise. Instead, this provision seeks, to the
extent practicable, commonality and consistency in the way the
contractors report data up to NNSA to better enable NNSA to
manage and track programs across the enterprise.
Rough estimate of total life cycle cost of tank waste cleanup at
Hanford Nuclear Reservation (sec. 3114)
The Senate bill contained a provision (sec. 3121) that
would require Department of Energy's Office of Environmental
Management to provide a rough order-of-magnitude estimate of
the total lifecycle cost of the Waste Treatment and
Immobilization Plant (WTP) project and tank waste management
and treatment operations.
The House amendment contained no similar provision.
The House recedes with an amendment that would make
technical corrections to the life cycle cost estimation dates
as well as changing life-cycle cost to a rough estimation of
life cycle cost.
Annual certification of shipments to Waste Isolation Pilot Plant (sec.
3115)
The House amendment contained a provision (sec. 3119)
that would require the Secretary of Energy to certify to the
congressional defense committees that the covered contractors
are aware of the contents of each container shipped to the
Waste Isolation Pilot Plant and that the Administrator is aware
of the contents of each container shipped to the Waste
Isolation Pilot Plant.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would make
technical corrections. The conferees note that the
certification includes the WIPP Waste Acceptance Criteria as
well as pertinent regulatory requirements for transportation,
which are consistent with Waste Isolation Pilot Plant Land
Withdrawal Act, P.L. 102-579, as amended.
Disposition of weapons-usable plutonium (sec. 3116)
The Senate bill contained a provision (sec. 3114) that
would require the Secretary of Energy to enter into an
arrangement with the Chief of Engineers to act as an owner's
agent for the Secretary with respect to the MOX facility. The
Chief would assess the MOX facility contract and report to the
Secretary on recommended contract changes to reduce risk and
cost to the Department of Energy.
The House amendment contained a provision (sec. 3113)
that would direct the Secretary of Energy to carry out
construction and project support activities relating to the MOX
facility. The Secretary would be able to waive this requirement
if certain conditions are satisfied.
The House recedes with an amendment that makes certain
technical and conforming amendments to the Senate provision and
that directs the Secretary of Energy to carry out construction
and project support activities relating to the MOX facility.
Design basis threat (sec. 3117)
The House amendment contained a provision (sec. 3114)
that would require the Secretary of Energy to update Department
of Energy Order 470.3 billion 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.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the due date to 30 days after the date of enactment of this
act.
Industry best practices in operations at National Nuclear Security
Administration facilities and sites (sec. 3118)
The Senate bill contained a provision (sec. 3112) that
would require the National Nuclear Security Administration to
review how to implement industry best practices at its sites
consistent with maintaining or reducing risks and preserving
and protecting health, safety, and security.
The House amendment contained no similar provision.
The House recedes with an amendment that would include
improving mission performance and effectiveness in the purposes
of the committee established by this section; modify the
termination date for the committee to 2021; and make other
technical conforming changes. The conferees note that industry
best practices may not always be applicable, especially in the
case of high-hazard and nuclear operations, and do not intend
any changes that would reduce or undermine health, safety or
security at National Nuclear Security Administration sites.
Pilot program on unavailability for overhead costs of amounts specified
for laboratory-directed research and development (sec. 3119)
The Senate bill contained a provision (sec. 3115) that
would remove the overhead burden on National Nuclear Security
Administration (NNSA) laboratories for Laboratory Directed
Research and Development (LDRD).
The House amendment contained a similar provision (sec.
3119B) that would express the Sense of Congress that the
Secretary of Energy should ensure that each laboratory
operating contractor or plant or site manager of a NNSA
facility adopt generally accepted and consistent accounting
practices for laboratory, plant, or site directed research and
development.
The House recedes with an amendment that would create a
3-year pilot program for the exemption of LDRD at national
security laboratories from overhead changes and require the
Administrator to submit a report to the congressional defense
committees before the end of the pilot program that assesses
the costs, benefits, risks, and other effects of the pilot
program.
Research and development of advanced naval nuclear fuel system based on
low-enriched uranium (sec. 3120)
The House amendment contained a provision (sec. 3112)
that would prohibit authorized funds to be appropriated for the
Department of Energy to plan or carry out research and
development of an advanced naval nuclear fuel system based on
low-enriched uranium.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that makes technical
and conforming changes.
Increase in certain limitations applicable to funds for conceptual and
construction design of the Department of Energy (sec. 3121)
The Senate bill contained a provision (sec. 3116) that
would update older statutory ceilings for construction design
that require authorization.
The House amendment contained no similar provision.
The House recedes.
Prohibition on availability of funds for programs in Russian Federation
(sec. 3122)
The House amendment contained a provision (sec. 3115)
that would prohibit funding to enter into a contract with, or
otherwise provide assistance to, the Russian Federation.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would adjust
the Secretary of Energy waiver for urgent circumstances and
include an exception for not more than $3.0 million that may be
spent on the Department of Energy's Russian Health Study
Program.
Limitation on availability of funds for Federal salaries and expenses
(sec. 3123)
The House amendment contained a provision (sec. 3116)
that would require not more than 90 percent of the National
Nuclear Security Administration defense related Federal
salaries 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 an
updated plan on the designing and building of prototypes of
nuclear weapons, and a description of the determination of the
Secretary with respect to the manner in which the designing and
building of prototypes of nuclear weapons is carried out under
such an updated plan.
The Senate bill contained no similar provision.
The Senate recedes with an amendment containing technical
conforming changes as well as clarifying the definition of
congressional intelligence committees.
Limitation on availability of funds for defense environmental cleanup
program direction (sec. 3124)
The House amendment contained a provision (sec. 3117)
that would require no more than 90 percent of funds authorized
to be appropriated for defense environmental cleanup for
program direction may be expended until the Secretary of Energy
submits to Congress the future-years defense environmental
cleanup plan.
The Senate bill contained no similar provision.
The Senate recedes.
Limitation on availability of funds for acceleration of nuclear weapons
dismantlement (sec. 3125)
The Senate bill contained a provision (sec. 3113) that
would limit the rate at which the National Nuclear Security
Agency is authorized to dismantle weapons to the schedule and
funding profile put forth in the fiscal year 2016 stockpile
stewardship and management plan but which provided for an
exception if the budget request included a certain amount of
funding for nuclear weapons modernization.
The House amendment contained a similar provision (sec.
3118) that would limit funding to be obligated or expended in
fiscal years 2017 to 2021 to carry out the nuclear weapons
dismantlement and disposition activities of the National
Nuclear Security Administration.
The Senate recedes with an amendment that would strike
the prohibition on the dismantlement of the W84 warhead.
Subtitle C--Plans and Reports
Independent assessment of technology development under defense
environmental cleanup program (sec. 3131)
The House amendment contained a provision (sec. 3124)
that would require the Secretary of Energy, in association with
the National Academy of Sciences, to conduct an independent
assessment of the technology development efforts of the defense
environmental cleanup program at the Department of Energy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would change
the due date of the assessment to 18 months after the date of
enactment.
Updated plan for verification and monitoring of proliferation of
nuclear weapons and fissile material (sec. 3132)
The House amendment contained a provision (sec. 3125)
that would require the President to submit 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.
The Senate bill contained no similar provision.
The Senate recedes.
Report on the use of highly-enriched uranium for naval reactors (sec.
3133)
The House amendment contained a provision (sec. 3126)
that would require the Secretary of Defense, the Secretary of
Energy, and the Secretary of State to provide a briefing to the
appropriate congressional committees on the feasibility and
potential benefits of a dialogue between the United States and
France on the use of low-enriched uranium in naval reactors.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
report by the Director of National Intelligence on various
matters related to the impact of using low-enriched uranium in
naval reactor fuel. The conferees do not intend this provision
to indicate concurrence with all aspects of the proposal
contained in the Naval Reactors report dated July 2016, and do
not intend to indicate a presumption of whether or how such a
program should be implemented. In addition, the conferees note
that the Secretary of the Navy and the Secretary of Energy have
not yet submitted to the defense committees their determination
as to whether the United States should continue to pursue such
a program.
Analysis of approaches for supplemental treatment of low-activity waste
at Hanford Nuclear Reservation (sec. 3134)
The Senate bill contained a provision (sec. 3122) that
would require the Secretary of Energy to enter into an
agreement with a federally funded research and development
center (FFRDC) to conduct an analysis of supplemental waste
treatment options at the Hanford site.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the review of the National Academies of Science, Engineering,
and Medicine to provide an opportunity for public comment, with
sufficient notice, to inform and improve the quality of the
review. In addition, the briefings on progress to be made to
the congressional defense committees every 180 days shall
terminate upon submission of the materials required in
subsection (f) paragraph (2). The National Academies shall
provide to the State of Washington both the analysis and the
review in draft form, with an opportunity to comment on them
for a period of not less than 60 days, and comments of the
State of Washington shall be included in the Secretary's
submission to the congressional defense committees of the
analysis, review, and Secretary's comments. This section shall
not conflict with or impair the obligation of the Secretary to
comply with the amended consent decree in Washington v. Moniz,
No. 2:08-CV-5085-RMP (E.D. Wash.) or the Hanford Federal
Facility Agreement and Consent Order, nor shall this section
conflict with or impair the regulatory authority of the State
of Washington under the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.) and any corresponding State law. The amendment
removes the requirement of a specific analytical approach.
However, the conferees note that section 3161 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239) directs the use of national international standards and
nuclear industry best practices, including probabilistic or
quantitative risk assessment if sufficient data exist, while
maintaining adequate health and safety protection, at
facilities of the Office of Environmental Management of the
Department of Energy. The conferees therefore expect that, to
the extent practicable and appropriate, the analysis shall be
conducted using state-of-the-art risk assessment practices such
as probabilistic risk assessment.
Clarification of annual report and certification on status of security
of atomic energy defense facilities (sec. 3135)
The House amendment contained a provision (sec. 3121)
that would clarify Section 4506(b)(1)(B) of the Atomic Energy
Defense Act that such facilities are secure and that the
security measures at such facilities meet the security
standards and requirements of the Department of Energy.
The Senate bill contained no similar provision.
The Senate recedes.
Report on service support contracts and authority for appointment of
certain personnel (sec. 3136)
The House amendment contained a provision (sec. 3122)
that would add to the annual reporting requirements, the cost
of the contract and identification of the program or program
direction accounts that support the contract.
The Senate bill contained no similar provision.
The Senate recedes with an amendment extending Section
4601(c) of the Atomic Energy Defense Act (50 U.S.C.(c)(1)) from
September 30, 2016 to September 30, 2020.
Elimination of certain reporting requirements (sec. 3137)
The Senate bill contained a provision (sec. 3125 and
3124) that would repeal a reporting requirement by the
Comptroller General as the underlying program has been
terminated and eliminate duplicate reviews of the National
Nuclear Security Administration's budget.
The House amendment contained a similar provision (sec.
3123).
The House recedes with an amendment that would combine
the repeals described in Senate bill sections 3124 and 3125
with the House amendment section 3123; add a subsection (d)
that would modify the requirement for a briefing on additive
manufacturing technologies contained in section 3139(c) of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92) and make certain technical and conforming changes.
Report on United States nuclear deterrence (sec. 3138)
The House amendment contained a provision (sec. 3119A)
that would limit funds for the Department of Energy and require
the Secretary of Energy to submit to the appropriate
congressional committees the report entitled ``U.S. Nuclear
Deterrence in the Coming Decades'' no later than 15 days after
the date of enactment.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would drop the
fence on funding and add that the Secretary may state his views
in the cover letter to the report.
Legislative Provisions Not Adopted
Analyses of options for disposal of high-level radioactive waste
The Senate bill contained a provision (sec. 3123) that
would require the Secretary of Energy to enter into an
arrangement with a federally funded research and development
center to conduct analyses of options referenced in the
Department's October 2014 report. These analyses shall include
comprehensive system life cycle cost and schedule estimates
conducted using Government Accountability Office (GAO) best
practices and covering all phases of work, from site selection
and characterization to site closure and monitoring.
The House amendment contained no similar provision.
The Senate recedes, the provision was not adopted.
Title XXXII--Defense Nuclear Facilities Safety Board
Authorization (sec. 3201)
The Senate bill contained a provision (sec. 3201) that
would authorize funding for the Defense Facilities Nuclear
Safety Board at $31.0 million consistent with the budget
request.
The House amendment contained an identical provision
(sec. 3201).
The conference agreement includes this provision.
Title XXXIII--Federal Aviation Administration Third Class Medical
Reform and General Aviation Pilot Protections
Legislative Provisions Not Adopted
Pilot's Bill of Rights 2
The Senate bill contained a series of provisions (sec.
3301, 3302, 3303, 3304, 3305, 3306, and 3307) that would
establish Federal Aviation Administration third class medical
reform and general aviation pilot protections, ``The Pilots
Bill of Rights 2''.
The House amendment contained no similar provisions.
The Senate recedes on these provisions.
Title XXXIV--Naval Petroleum Reserves
Authorization of appropriations (sec. 3401)
The House amendment contained a provision (sec. 3401)
that would authorize $14,950,000 for fiscal year 2017 for
operation and maintenance of the Naval Petroleum Reserves.
The Senate bill contained no similar provision.
The Senate recedes.
Title XXXV--Maritime Matters
Subtitle A--Maritime Administration, Coast Guard, and Shipping Matters
Authorization of the Maritime Administration (sec. 3501)
The House amendment contained a provision (sec. 3501)
that would authorize appropriations for the national security
aspects of the merchant marine for fiscal year 2017.
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a similar
provision (sec. 101).
The Senate recedes with an amendment that would include
greater specificity within program authorizations and authorize
funding for the National Security Multi-Mission Vessel.
Authority to extend certain age restrictions relating to vessels in the
Maritime Security Fleet (sec. 3502)
The House amendment contained a provision (sec. 3503)
that would amend section 53102 of title 46, United States Code,
to provide authority to the Secretary of Defense, in
conjunction with the Secretary of Transportation, to extend the
age restriction for vessels in the Maritime Security Fleet by
five years if the Secretaries jointly determine it is in the
national interest to do so.
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a similar
provision (sec. 304).
The Senate recedes.
Corrections to provisions enacted by Coast Guard Authorization Acts
(sec. 3503)
The House amendment contained a provision (sec. 3504)
that would make technical and conforming corrections to
provisions of the Coast Guard Authorization Act of 2015 (Public
Law 114-120).
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a similar
provision (sec. 503).
The Senate recedes with a technical amendment.
Status of National Defense Reserve Fleet vessels (sec. 3504)
The House amendment contained a provision (sec. 3505)
that would clarify that National Defense Reserve Fleet (NDRF)
vessels, including the U.S. Maritime Administration's training
vessels, are public vessels of the United States. This
provision would also clarify that a NDRF vessel remains a
``vessel'' within the meaning of section 3 of title 1, United
States Code, until it is delivered to a dismantling facility.
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a similar
provision (sec. 301).
The Senate recedes.
NDRF National Security Multi-Mission Vessel (sec. 3505)
The House amendment contained a provision (sec. 3506)
that would authorize the Maritime Administrator to enter into a
contract for a National Security Multi-Mission Vessel. The
provision would also require the Maritime Administrator to
enter into a contract or agreement with the Secretary of the
Navy under which the Navy would serve as the general agent for
the Maritime Administration for the purposes of the
construction of the ship.
The Senate bill and Maritime Administration Authorization
and Enhancement Act for Fiscal Year 2017 (S. 2829) contained no
similar provision.
The Senate recedes with an amendment that would require
the Secretary of Transportation, in consultation with the Chief
of Naval Operations and the Commandant of the Coast Guard, to
ensure the Maritime Administrator has completed the design of
the National Security Multi-Mission Vessel that will allow for
the start of construction in fiscal year 2018. The amendment
would also require the Maritime Administrator to provide for an
entity other than the Maritime Administration to contract for
the construction of the vessel. The conferees believe that the
Maritime Administrator should leverage the ship construction
expertise of the Department of the Navy, the Coast Guard or a
commercial operator when contracting for the construction of
the vessel.
The conferees direct the Maritime Administrator to submit
to the Committees on Armed Services of the House and Senate,
the Committee on Commerce, Science and Transportation of the
Senate, and the Committee on Transportation and Infrastructure
of the House the acquisition strategy for the National Security
Multi-Mission Vessel concurrent with the budget submission in
which the request for construction funding is included. This
acquisition strategy shall address each of the elements
described in paragraphs 6.a(1) through 6.a(4) of enclosure 2 to
Department of Defense Instruction 5000.02.
Superintendent of United States Merchant Marine Academy (sec. 3506)
The House amendment contained a provision (sec. 3507)
that would require the Secretary of Transportation to appoint
as Superintendent of U.S. Merchant Marine Academy an individual
from the senior ranks of the United States merchant marine,
maritime industry, or from the retired list of flag-rank Navy
or Coast Guard officers who possess significant merchant marine
experience.
The Senate bill and Maritime Administration Authorization
and Enhancement Act for Fiscal Year 2017 (S. 2829) contained no
similar provision.
The Senate recedes with amendment that would also allow
the appointment of an individual who has served at sea and who
has achieved general officer rank in other branches of the
Armed Forces or has exemplary educational leadership
experience. It also would allow for the selection of the best
qualified candidate that may not fully meet all criteria
defined in this provision.
Use of National Defense Reserve Fleet scrapping proceeds (sec. 3507)
The House amendment contained a provision (sec. 3508)
that would increase the apportionment of National Defense
Reserve Fleet (NDRF) scrapping proceeds to the National
Maritime Heritage Grant Program.
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
308) that would require the U.S. Maritime Administration to
submit an annual report to Congress on the management of NDRF
scrapping proceeds and the National Heritage Grant Program and
conduct a biennial assessment of the vessel disposal program.
The Senate recedes with an amendment that would combine
the House and Senate provisions, better align reporting
requirements with agency responsibilities, and reserve a
portion of the National Maritime Grant Program apportionment
for the U.S. Maritime Administration.
Floating dry docks (sec. 3508)
The House amendment contained a provision (sec. 3509)
that would amend section 55122 of title 46, United States Code,
to exempt certain floating dry docks from limitations imposed
by such section 55122.
The Senate bill contained a similar provision (sec.
3502).
The Senate recedes with a technical amendment.
Transportation worker identification credentials for individuals
undergoing separation, discharge, or release from the Armed
Forces (sec. 3509)
The Senate bill contained a provision (sec. 564) that
would require the Secretary of Defense to consult, and enter
into a memorandum of understanding, with the Secretary of
Homeland Security to afford a priority in the processing of
applications for Transportation Worker Identification
Credentials (TWIC) by members of the Armed Forces who are
undergoing separation, discharge or release from the Armed
Forces. The provision would require adjudication of such
applications not later than 14 days after the application is
submitted, unless an appeal or waiver applies, or if other
documentation is required. The priority for separating
servicemembers shall commence not later than 180 days after
enactment of this Act. The provision also requires a report on
the implementation of this provision one year after enactment
of this Act.
The House amendment contained a provision (sec. 3510)
that would amend section 70105 of title 46, United States Code,
to require the Secretary of Homeland Security to provide
priority processing of applications from, and to issue TWIC for
members of the Armed Forces who are undergoing separation,
discharge or release from the Armed forces. The provision would
require adjudication of such applications by such transitioning
members of the Armed Forces not later than 13 days after the
application is submitted, unless an appeal or waiver applies,
or if other documentation is required.
The Senate recedes with an amendment that would require
adjudication of applications not later than 30 days after the
application is submitted, unless an appeal or waiver applies,
or if other documentation is required. The processing deadline
would apply to applications for TWIC submitted after the end of
the 180 day period beginning on the date of enactment of this
Act. The amendment requires the Secretary of Homeland Defense
and the Secretary of Defense to enter into a memorandum of
understanding within 180 days after the date of enactment of
this Act regarding the submission and processing of
applications for TWIC by transitioning service members. The
amendment also requires a report on the implementation of this
provision one year after enactment of this Act.
Actions to address sexual harassment and sexual assault at the United
States Merchant Marine Academy (sec. 3510)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
201) that would set minimum training requirements and
comprehensive policies for sexual harassment and sexual assault
prevention and response at the United States Merchant Marine
Academy. The provision would also expand existing requirements
for an annual assessment of sexual assault and harassment
policies to include a biennial focus group.
The House amendment contained no similar provision.
The House recedes with an amendment that would add
confidentiality procedures to the comprehensive policy
requirement.
Sexual assault response coordinators and sexual assault victim
advocates (sec. 3511)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
202) that would require the U.S. Merchant Marine Academy to
employ or contract with at least one full-time sexual assault
response coordinator, maintain a program for volunteer sexual
assault victim advocates, and maintain a 24-hour hotline
through which a victim of a sexual assault can receive victim
support services.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify a
victim's discretion in selecting a victim advocate and make a
conforming change concerning confidentiality requirements.
Report from the Department of Transportation Inspector General (sec.
3512)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
203) that would require the Department of Transportation
Inspector General to submit a report to Congress that describes
the effectiveness of the sexual harassment and sexual assault
prevention and response program at the U.S. Merchant Marine
Academy.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Sexual assault prevention and response working group (sec. 3513)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
204) that would require the Maritime Administrator to convene a
working group to examine methods to improve the prevention of,
and response to, any sexual harassment or sexual assault that
occurs during a cadet's Sea Year experience with the U.S.
Merchant Marine Academy. This provision would require the
working group to submit a report containing actionable
recommendations to Congress.
The House amendment contained no similar provision.
The House recedes with amendment that would make
technical changes and would separate as a new section a
requirement that the Maritime Administrator establish certain
criteria for vessel operators to participate in U.S. Merchant
Marine Academy Sea Year program.
Sea Year compliance (sec. 3514)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
204) that would require the Maritime Administrator to convene a
working group to examine methods to improve the prevention of,
and response to, any sexual harassment or sexual assault that
occurs during a cadet's Sea Year experience with the U.S.
Merchant Marine Academy. This provision would require the
working group to submit a report containing actionable
recommendations to Congress.
The House amendment contained no similar provision.
The House recedes with an amendment that would create a
new section to require that the Maritime Administrator
establish certain criteria for vessel operators to participate
in U.S. Merchant Marine Academy Sea Year program. This
provision is the new section.
State maritime academy physical standards and reporting (sec. 3515)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
303) that would require any individual enrolled at a State
maritime academy in a merchant marine officer program to meet,
throughout enrollment at the academy, the medical and physical
requirements required to obtain a mariner's license or merchant
mariner documentation.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Appointments (sec. 3516)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
305) that would increase from 40 to 50 the number of potential
appointments to the U.S. Merchant Marine Academy for
individuals the Secretary considers to be of special value,
including factors such as prior military experience and whether
the individual is the first in their family to attend college.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Maritime workforce working group (sec. 3517)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
307) that would require the Secretary of Transportation to
convene a working group to assess the pool of citizen mariners
necessary to support the United States flag fleet, especially
in times of emergency, and report to Congress on the assessment
and recommendations for improving the quality of interagency
data.
The House amendment contained no similar provision.
The House recedes with an amendment that would add the
Committee on Armed Services of the House of Representatives as
a report recipient, add the U.S. Navy to the working group, and
add a sunset clause.
Maritime extreme weather task force (sec. 3518)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
309) that would require the Secretary of Transportation to
create an extreme weather task force to analyze the impact of
extreme weather events on the maritime environment and to
report to Congress on best practices and recommendations.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
Federal Maritime Commission from the task force and remove the
authorization of appropriations.
Workforce plans and onboarding policies (sec. 3519)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
401) that would require the Maritime Administrator to review
and update the U.S. Maritime Administration's workforce and
onboarding policies to fully implement competency models for
mission-critical occupations, align training programs and
systems, and report to Congress on actions taken.
The House amendment contained no similar provision.
The House recedes with amendment that would add the
Committee on Armed Services of the House of Representatives as
a report recipient.
Drug and alcohol policy (sec. 3520)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
402) that would require the Maritime Administrator to ensure
that all fleet managers have received applicable training on
the Department of Transportation's drug and alcohol policy,
institute a system for tracking all drug and alcohol policy
training in a standardized repository, and report to Congress
on actions taken.
The House amendment contained no similar provision.
The House recedes with an amendment that would add the
Committee on Armed Services of the House of Representatives as
a report recipient.
Vessel transfers (sec. 3521)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
403) that would require the Maritime Administrator to submit a
report to Congress that describes the policies and procedures
for vessel transfer at the U.S. Maritime Administration,
including updated Vessel Transfer Office procedures to process
vessel transfer applications.
The House amendment contained no similar provision.
The House recedes with an amendment that would add the
Committee on Armed Services of the House of Representatives as
a report recipient.
Clarifying amendment; continuation boards (sec. 3522)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
501) that would make a clarifying amendment concerning the
continuation board convened for the U.S. Coast Guard.
The House amendment contained no similar provision.
The House recedes.
Polar icebreaker recapitalization plan (sec. 3523)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
603) that would require the Secretary of Homeland Security, in
consultation with the Secretary of the Navy, to submit to
Congress a detailed recapitalization plan that meets the 2013
Department of Homeland Security Mission Need Statement.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
GAO report on icebreaking capability in the United States (sec. 3524)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
604) that would require the Comptroller General to submit a
report to Congress on the current state of the United States
Federal icebreaking fleet, including analysis of the
icebreaking assets and gaps in icebreaking capabilities.
The House amendment contained no similar provision.
The House recedes with amendment that would define the
appropriate report recipients and would clarify the
applicability of the report to all icebreaking assets.
Subtitle B--Pribilof Islands Transition Completion
Pribilof Islands Transition Completion (secs. 3531-3533)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
504) that would require the U.S. Coast Guard to report to
Congress on the Coast Guard's use of certain tracts of land on
St. Paul Island, planned use of those tracts of land, and
planned use of other facilities on St. Paul Island.
The House amendment contained no similar provision.
The House recedes with an amendment that would make
changes to Coast Guard access to certain specified tracts of
land.
Subtitle C--Sexual Harassment and Assault Prevention at the National
Oceanic and Atmospheric Administration
Actions to address sexual harassment at National Oceanic and
Atmospheric Administration (sec. 3541)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
711) that would require the Secretary of Commerce to develop a
policy on the prevention and response to sexual harassment
involving NOAA employees, NOAA Corps members, and all
individuals who work with or conduct business on behalf of the
Administration. The Administration would also be required to
create a process for after-hours reporting and ensure that
Equal Employment Opportunity personnel are distributed in each
region of operations and at the marine and aviation centers.
The House amendment contained no similar provision.
The House recedes with an amendment that would reduce the
number of personnel required to implement this section.
Actions to address sexual assault at National Oceanic and Atmospheric
Administration (sec. 3542)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
712) that would require the Secretary of Commerce to develop a
policy on the prevention and response to sexual assault
involving NOAA employees, NOAA Corps members, and all
individuals who work with or conduct business on behalf of the
Administration (wage mariners, scientists, students, interns,
volunteers, etc.). The Secretary would be required to establish
victim advocates and create a process for 24-hour reporting.
The House amendment contained no similar provision.
The House recedes with an amendment that would reduce the
number of personnel required to implement this section.
Rights of the victim of a sexual assault (sec. 3543)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
713) that would provide the victim of a sexual assault the
right to be reasonably protected from the accused.
The House amendment contained no similar provision.
The House recedes.
Change of station (sec. 3544)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
714) that would require timely consideration of a unit transfer
or work location change to accommodate the victim of a sexual
assault.
The House amendment contained no similar provision.
The House recedes.
Applicability of policies to crews of vessels secured by National
Oceanic and Atmospheric Administration under contract (sec.
3545)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
715) that would require any contract into which the NOAA enters
for use of a vessel (ship, small boat, aircraft) to include as
a condition that any personnel attached to the vessel are
subject to the policies developed under section 711(a) and
712(a) of S. 2829.
The House amendment contained no similar provision.
The House recedes.
Annual report on sexual assaults in the National Oceanic and
Atmospheric Administration (sec. 3546)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
716) that would require the Secretary of Commerce to submit an
annual report to Congress that includes the number of sexual
assaults, a synopsis of each case, and the disciplinary actions
taken.
The House amendment contained no similar provision.
The House recedes.
Sexual assault defined (sec. 3547)
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
717) that would define the term ``sexual assault''.
The House amendment contained no similar provision.
The House recedes.
Legislative Provisions Not Adopted
Short title
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
1) that would allow the bill to be cited as the ``Maritime
Administration Authorization and Enhancement Act for Fiscal
Year 2017.''
The House amendment contained no similar provision.
The Senate recedes.
Maritime Administration authorization request
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
102) that would require the U.S. Maritime Administration to
submit an authorization request to Congress within 30 days of
the date the President's budget is submitted to Congress.
The House amendment contained no similar provision.
The Senate recedes.
Port infrastructure development
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
302) that would allow the Maritime Administrator to use not
more than three percent of port infrastructure development
program funds for administrative expenses of the program.
The House amendment contained no similar provision.
The Senate recedes.
High-speed craft classification services
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
306) that would allow the Secretary of the Navy to select,
under certain conditions, a classification society recognized
and authorized by the Secretary to provide a classification for
high-speed craft.
The House amendment contained no similar provision.
The Senate recedes.
Short title
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
601) that would allow the title to be cited as the ``Polar
Icebreaker Fleet Recapitalization Transparency Act.''
The House amendment contained no similar provision.
The Senate recedes.
Definitions
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
602) that would define certain terms in the ``Polar Icebreaker
Fleet Recapitalization Transparency Act.''
The House amendment contained no similar provision.
The Senate recedes.
Short title
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
701) that would allow the title to be cited as the ``National
Oceanic and Atmospheric Administration Sexual Harassment and
Assault Prevention Act''.
The House amendment contained no similar provision.
The Senate recedes.
Reauthorization of Hydrographic Services Improvement Act of 1998
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a provision (sec.
771) that would reauthorize the Hydrographic Services
Improvement Act of 1998.
The House amendment contained no similar provision.
The Senate recedes.
Maritime Administration
The Senate bill contained a provision (sec. 3501) that
would re-authorize certain aspects of the Maritime
Administration.
The House amendment contained no similar provision.
The Senate recedes.
Authority to make pro rata annual payments under operating agreements
for vessels participating in Maritime Security Fleet
The House amendment contained a provision (sec. 3502)
that would amend subsection (d) of section 53106 of title 46,
United States Code, to permit the Secretary of Transportation
to make a pro rata reduction in the amounts paid to vessel
owners or operators under operating agreements under chapter
531 of that title if appropriations are insufficient to make
full payment of the amounts authorized and agreed to under
subsection (a) of section 53106.
The Senate bill and Maritime Administration Authorization
and Enhancement Act for Fiscal Year 2017 (S. 2829) contained no
similar provision.
The House recedes.
Application of law
The House amendment contained a provision (sec. 3512)
that would amend section 4301 of title 46, United States Code,
to deem, for the purposes of any Federal law except the Federal
Water Pollution Control Act, any vessel being repaired or
dismantled as a recreational vessel if that vessel shares
elements of design and construction of traditional recreational
vessels and, when operating, is not normally engaged in a
military, commercial, or traditionally commercial undertaking.
The Senate bill and Maritime Administration Authorization
and Enhancement Act for Fiscal Year 2017 (S. 2829) contained no
similar provision.
The House recedes.
Commissioned officer corps of the National Oceanic and Atmospheric
Administration
The Maritime Administration Authorization and Enhancement
Act for Fiscal Year 2017 (S. 2829) contained a subtitle
(subtitle B of title VII) that would provide authorities for
the commissioned officer corps of the National Oceanic and
Atmospheric Administration.
The House amendment contained no similar provisions.
The Senate recedes.
Ballast water
The House amendment contained a title (title XXXVI) that
would enact the Vessel Incident Discharge Act.
The Senate bill and Maritime Administration Authorization
and Enhancement Act for Fiscal Year 2017 (S. 2829) contained no
similar provisions.
The House recedes.
DIVISION D--FUNDING TABLES
Authorization of amounts in funding tables (sec. 4001)
The Senate bill contained a provision (sec. 4001) that
would provide for the allocation of funds among programs,
projects, and activities in accordance with the tables in
division D of this Act, subject to reprogramming in accordance
with established procedures.
Consistent with the previously expressed views of the
committee, the provision would also require that decisions by
an agency head to commit, obligate, or expend funds to a
specific entity on the basis of such funding tables be based on
authorized, transparent, statutory criteria, or merit-based
selection procedures in accordance with the requirements of
sections 2304(k) and 2374 of title 10, United States Code, and
other applicable provisions of law.
The House amendment contained a similar provision (sec.
4001).
The Senate recedes.
SUMMARY OF NATIONAL DEFENSE AUTHORIZATIONS FOR FISCAL YEAR 2017
(In Thousands of Dollars)
----------------------------------------------------------------------------------------------------------------
Conference Conference
FY 2017 Request Change Authorized
----------------------------------------------------------------------------------------------------------------
DISCRETIONARY AUTHORIZATIONS WITHIN THE JURISDICTION OF THE ARMED SERVICES COMMITTEE
National Defense Funding, Base Budget Request
Function 051, Department of Defense-Military
Division A: Department of Defense Authorizations
Title I--Procurement
Aircraft Procurement, Army................................. 3,614,787 3,614,787
Missile Procurement, Army.................................. 1,519,966 -9,837 1,510,129
Weapons & Tracked Combat Vehicles, Army.................... 2,265,177 85,900 2,351,077
Procurement of Ammunition, Army............................ 1,513,157 1,646 1,514,803
Other Procurement, Army.................................... 5,873,949 -38,285 5,835,664
Aircraft Procurement, Navy................................. 14,109,148 -157,372 13,951,776
Weapons Procurement, Navy.................................. 3,209,262 -21,772 3,187,490
Procurement of Ammunition, Navy & Marine Corps............. 664,368 -7,100 657,268
Shipbuilding & Conversion, Navy............................ 18,354,874 525,696 18,880,570
Other Procurement, Navy.................................... 6,338,861 -79,931 6,258,930
Procurement, Marine Corps.................................. 1,362,769 -4,325 1,358,444
Aircraft Procurement, Air Force............................ 13,922,917 -87,300 13,835,617
Missile Procurement, Air Force............................. 2,426,621 -10,752 2,415,869
Space Procurement, Air Force............................... 3,055,743 -229,900 2,825,843
Procurement of Ammunition, Air Force....................... 1,677,719 -6,000 1,671,719
Other Procurement, Air Force............................... 17,438,056 -15,300 17,422,756
Procurement, Defense-Wide.................................. 4,524,918 355,000 4,879,918
Joint Urgent Operational Needs Fund........................ 99,300 -99,300 0
National Guard & Reserve Equipment......................... 250,000 250,000
Subtotal, Title I--Procurement............................. 101,971,592 451,068 102,422,660
Title II--Research, Development, Test and Evaluation
Research, Development, Test & Evaluation, Army............. 7,515,399 13,291 7,528,690
Research, Development, Test & Evaluation, Navy............. 17,276,301 -197,638 17,078,663
Research, Development, Test & Evaluation, Air Force........ 28,112,251 -54,650 28,057,601
Research, Development, Test & Evaluation, Defense-Wide..... 18,308,826 -42,150 18,266,676
Operational Test & Evaluation, Defense..................... 178,994 178,994
Subtotal, Title II--Research, Development, Test and 71,391,771 -281,147 71,110,624
Evaluation................................................
Title III--Operation and Maintenance
Operation & Maintenance, Army.............................. 33,809,040 23,234 33,832,274
Operation & Maintenance, Army Reserve...................... 2,712,331 21,500 2,733,831
Operation & Maintenance, Army National Guard............... 6,825,370 27,635 6,853,005
Operation & Maintenance, Navy.............................. 39,483,581 507,700 39,991,281
Operation & Maintenance, Marine Corps...................... 5,954,258 185,350 6,139,608
Operation & Maintenance, Navy Reserve...................... 927,656 -21,200 906,456
Operation & Maintenance, Marine Corps Reserve.............. 270,633 -100 270,533
Operation & Maintenance, Air Force......................... 37,518,056 -180,400 37,337,656
Operation & Maintenance, Air Force Reserve................. 3,067,929 -57,000 3,010,929
Operation & Maintenance, Air National Guard................ 6,703,578 -69,400 6,634,178
Operation & Maintenance, Defense-Wide...................... 32,571,590 115,089 32,686,679
US Court of Appeals for the Armed Forces, Defense.......... 14,194 14,194
Overseas Humanitarian, Disaster and Civic Aid.............. 105,125 105,125
Cooperative Threat Reduction............................... 325,604 325,604
Environmental Restoration, Army............................ 170,167 170,167
Environmental Restoration, Navy............................ 281,762 281,762
Environmental Restoration, Air Force....................... 371,521 371,521
Environmental Restoration, Defense......................... 9,009 9,009
Environmental Restoration, Formerly Used Sites............. 197,084 197,084
Subtotal, Title III--Operation and Maintenance............. 171,318,488 552,408 171,870,896
Title IV--Military Personnel
Military Personnel Appropriations.......................... 128,902,332 -699,768 128,202,564
Medicare-Eligible Retiree Health Fund Contributions........ 6,366,908 6,366,908
Subtotal, Title IV--Military Personnel..................... 135,269,240 -699,768 134,569,472
Title XIV--Other Authorizations
Working Capital Fund, Army................................. 56,469 56,469
Working Capital Fund, Air Force............................ 63,967 63,967
Working Capital Fund, Defense-Wide......................... 37,132 37,132
Working Capital Fund, DECA................................. 1,214,045 1,214,045
Chemical Agents & Munitions Destruction.................... 551,023 551,023
Drug Interdiction and Counter Drug Activities.............. 844,800 -125,000 719,800
Office of the Inspector General............................ 322,035 322,035
Defense Health Program..................................... 33,467,516 -373,600 33,093,916
Subtotal, Title XIV--Other Authorizations.................. 36,556,987 -498,600 36,058,387
Total, Division A: Department of Defense Authorizations.... 516,508,078 -476,039 516,032,039
Division B: Military Construction Authorizations
Military Construction
Army....................................................... 503,459 50,500 553,959
Navy....................................................... 1,027,763 247,916 1,275,679
Air Force.................................................. 1,481,058 205,465 1,686,523
Defense-Wide............................................... 2,056,091 -30,647 2,025,444
NATO Security Investment Program........................... 177,932 177,932
Army National Guard........................................ 232,930 67,500 300,430
Army Reserve............................................... 68,230 30,000 98,230
Navy and Marine Corps Reserve.............................. 38,597 38,597
Air National Guard......................................... 143,957 11,000 154,957
Air Force Reserve.......................................... 188,950 188,950
Subtotal, Military Construction............................ 5,918,967 581,734 6,500,701
Family Housing
Construction, Army......................................... 200,735 -43,563 157,172
Operation & Maintenance, Army.............................. 325,995 325,995
Construction, Navy and Marine Corps........................ 94,011 94,011
Operation & Maintenance, Navy and Marine Corps............. 300,915 300,915
Construction, Air Force.................................... 61,352 61,352
Operation & Maintenance, Air Force......................... 274,429 274,429
Operation & Maintenance, Defense-Wide...................... 59,157 59,157
Improvement Fund........................................... 3,258 3,258
Subtotal, Family Housing................................... 1,319,852 -43,563 1,276,289
Base Realignment and Closure
Base Realignment and Closure--Army......................... 14,499 10,000 24,499
Base Realignment and Closure--Navy......................... 134,373 25,000 159,373
Base Realignment and Closure--Air Force.................... 56,365 56,365
Subtotal, Base Realignment and Closure..................... 205,237 35,000 240,237
Undistributed Adjustments
Prior Year Savings......................................... 0 -307,662 -307,662
Subtotal, Undistributed Adjustments........................ 0 -307,662 -307,662
Total, Division B: Military Construction Authorizations.... 7,444,056 265,509 7,709,565
Total, 051, Department of Defense-Military................. 523,952,134 -210,530 523,741,604
Division C: Department of Energy National Security Authorization and Other Authorizations
Function 053, Atomic Energy Defense Activities
Environmental and Other Defense Activities
Nuclear Energy............................................. 151,876 -15,260 136,616
Weapons Activities......................................... 9,243,147 185,882 9,429,029
Defense Nuclear Nonproliferation........................... 1,807,916 79,000 1,886,916
Naval Reactors............................................. 1,420,120 -2,500 1,417,620
Federal salaries and expenses.............................. 412,817 -17,300 395,517
Defense Environmental Cleanup.............................. 5,382,050 -108,492 5,273,558
Other Defense Activities................................... 791,552 -2,000 789,552
Subtotal, Environmental and Other Defense Activities....... 19,209,478 119,330 19,328,808
Independent Federal Agency Authorization
Defense Nuclear Facilities Safety Board.................... 31,000 31,000
Subtotal, Independent Federal Agency Authorization......... 31,000 0 31,000
Subtotal, 053, Atomic Energy Defense Activities............ 19,240,478 119,330 19,359,808
Function 054, Defense-Related Activities
Other Agency Authorizations
Maritime Security Program.................................. 211,000 88,997 299,997
Subtotal, Independent Federal Agency Authorization......... 211,000 88,997 299,997
Subtotal, 054, Defense-Related Activities.................. 211,000 88,997 299,997
Subtotal, Division C: Department of Energy National 19,451,478 208,327 19,659,805
Security Authorization and Other Authorizations...........
Total, National Defense Funding, Base Budget Request....... 543,403,612 -2,203 543,401,409
National Defense Funding, Overseas Contingency Operations
National Defense Funding, Overseas Contingency Operations Budget Request
Function 051, Department of Defense-Military
Procurement
Aircraft Procurement, Army................................. 235,131 235,131
Missile Procurement, Army.................................. 529,317 529,317
Weapons & Tracked Combat Vehicles, Army.................... 153,544 144,800 298,344
Procurement of Ammunition, Army............................ 301,523 301,523
Other Procurement, Army.................................... 1,309,610 1,309,610
Joint Improvised-Threat Defeat Fund........................ 394,800 394,800
Aircraft Procurement, Navy................................. 358,830 358,830
Weapons Procurement, Navy.................................. 8,600 8,600
Procurement of Ammunition, Navy & Marine Corps............. 66,229 66,229
Other Procurement, Navy.................................... 69,877 69,877
Procurement, Marine Corps.................................. 118,939 118,939
Aircraft Procurement, Air Force............................ 679,969 -25,600 654,369
Missile Procurement, Air Force............................. 154,845 154,845
Procurement of Ammunition, Air Force....................... 164,408 -9,250 155,158
Other Procurement, Air Force............................... 3,834,165 3,834,165
Procurement, Defense-Wide.................................. 234,434 -19,250 215,184
Subtotal, Procurement...................................... 8,614,221 90,700 8,704,921
Research, Development, Test and Evaluation
Research, Development, Test & Evaluation, Army............. 239,689 239,689
Research, Development, Test & Evaluation, Navy............. 40,333 40,333
Research, Development, Test & Evaluation, Air Force........ 32,905 32,905
Research, Development, Test & Evaluation, Defense-Wide..... 165,419 165,419
Subtotal, Research, Development, Test and Evaluation....... 478,346 0 478,346
Operation and Maintenance
Operation & Maintenance, Army.............................. 16,658,381 -245,000 16,413,381
Operation & Maintenance, Army Reserve...................... 24,120 24,120
Operation & Maintenance, Army National Guard............... 66,907 66,907
Afghanistan Security Forces Fund........................... 4,263,215 4,263,215
Iraq Train & Equip Fund.................................... 919,500 -919,500 0
Syria Train & Equip Fund................................... 250,000 -250,000 0
Counter-ISIL Fund.......................................... 0 1,169,500 1,169,500
Operation & Maintenance, Navy.............................. 5,441,406 5,441,406
Operation & Maintenance, Marine Corps...................... 1,112,805 1,112,805
Operation & Maintenance, Navy Reserve...................... 26,265 26,265
Operation & Maintenance, Marine Corps Reserve.............. 3,304 3,304
Operation & Maintenance, Air Force......................... 9,757,326 43,542 9,800,868
Operation & Maintenance, Air Force Reserve................. 57,586 57,586
Operation & Maintenance, Air National Guard................ 20,000 20,000
Operation & Maintenance, Defense-Wide...................... 6,357,088 760,000 7,117,088
Subtotal, Operation and Maintenance........................ 44,957,903 558,542 45,516,445
Military Personnel
Military Personnel Appropriations.......................... 3,644,161 3,644,161
Subtotal, Military Personnel............................... 3,644,161 0 3,644,161
Other Authorizations
Working Capital Fund, Army................................. 46,833 46,833
Working Capital Fund, Defense-Wide......................... 93,800 93,800
Drug Interdiction and Counter Drug Activities.............. 191,533 191,533
Office of the Inspector General............................ 22,062 22,062
Defense Health Program..................................... 334,311 334,311
Counterterrorism Partnerships Fund......................... 1,000,000 -1,000,000 0
Ukraine Security Assistance................................ 350,000 350,000
Subtotal, Other Authorizations............................. 1,688,539 -650,000 1,038,539
Military Construction
Army....................................................... 18,900 18,900
Navy....................................................... 21,400 21,400
Air Force.................................................. 88,740 -449 88,291
Defense-Wide............................................... 5,000 5,000
Subtotal, Military Construction............................ 134,040 -449 133,591
Subtotal, Overseas Contingency Operations.................. 59,517,210 -1,207 59,516,003
Subtotal, 051, Department of Defense-Military.............. 59,517,210 -1,207 59,516,003
Total, National Defense Funding, Overseas Contingency 59,517,210 -1,207 59,516,003
Operations Budget Request.................................
National Defense Funding, Overseas Contingency Operations Funding for Base Requirements
Function 051, Department of Defense-Military
Procurement
Aircraft Procurement, Army................................. 78,040 78,040
Missile Procurement, Army.................................. 150,000 196,100 346,100
Procurement of Ammunition, Army............................ 240,200 240,200
Other Procurement, Army.................................... 161,900 161,900
Joint Improvised-Threat Defeat Fund........................ 113,272 113,272
Aircraft Procurement, Navy................................. 34,200 34,200
Weapons Procurement, Navy.................................. 117,200 117,200
Procurement of Ammunition, Navy & Marine Corps............. 77,200 77,200
Other Procurement, Navy.................................... 59,329 59,329
Aircraft Procurement, Air Force............................ 179,430 179,430
Missile Procurement, Air Force............................. 184,700 184,700
Procurement of Ammunition, Air Force....................... 323,000 323,000
Procurement, Defense-Wide.................................. 4,000 4,000
Subtotal, Procurement...................................... 1,287,871 630,700 1,918,571
Research, Development, Test and Evaluation
Research, Development, Test & Evaluation, Army............. 33 33
Research, Development, Test & Evaluation, Navy............. 37,990 37,990
Subtotal, Research, Development, Test and Evaluation....... 38,023 0 38,023
Operation and Maintenance
Operation & Maintenance, Army.............................. 1,586,475 962,000 2,548,475
Operation & Maintenance, Army Reserve...................... 14,559 95,800 110,359
Operation & Maintenance, Army National Guard............... 60,128 128,800 188,928
Operation & Maintenance, Navy.............................. 1,481,516 26,100 1,507,616
Operation & Maintenance, Marine Corps...................... 300,000 7,200 307,200
Operation & Maintenance, Navy Reserve...................... 500 500
Operation & Maintenance, Marine Corps Reserve.............. 1,000 1,000
Operation & Maintenance, Air Force......................... 124,000 49,100 173,100
Operation & Maintenance, Air Force Reserve................. 1,600 1,600
Operation & Maintenance, Air National Guard................ 4,300 4,300
Operation & Maintenance, Defense-Wide...................... 38,044 38,044
Subtotal, Operation and Maintenance........................ 3,604,722 1,276,400 4,881,122
Military Personnel
Military Personnel Appropriations.......................... 62,965 1,287,500 1,350,465
Subtotal, Military Personnel............................... 62,965 1,287,500 1,350,465
Other Authorizations
Drug Interdiction and Counter Drug Activities.............. 23,800 23,800
Subtotal, Other Authorizations............................. 23,800 0 23,800
Military Construction
Navy....................................................... 38,409 38,409
Subtotal, Military Construction............................ 38,409 0 38,409
Subtotal, 051, Department of Defense-Military.............. 5,055,790 3,194,600 8,250,390
Total, National Defense Funding, Overseas Contingency 5,055,790 3,194,600 8,250,390
Operations Funding for Base Requirements..................
Total, National Defense Funding, Overseas Contingency 64,573,000 3,193,393 67,766,393
Operations................................................
Total, National Defense.................................... 607,976,612 3,191,190 611,167,802
MEMORANDUM: BASE BUDGET REQUIREMENTS
Base Funding............................................... 543,403,612 -2,203 543,401,409
Overseas Contingency Operations Funding for Base 5,055,790 3,194,600 8,250,390
Requirements..............................................
Total, Base Budget Requirements....................... 548,459,402 3,192,397 551,651,799
MEMORANDUM: NON-DEFENSE AUTHORIZATIONS
Title XIV--Armed Forces Retirement Home (Function 600)..... 64,300 64,300
Title XXXIV--Naval Petroleum and Oil Shale Reserves 14,950 14,950
(Function 270)............................................
MEMORANDUM: TRANSFER AUTHORITIES (NON-ADD)
Title X--General Transfer Authority........................ [5,000,000] [-500,000] [4,500,000]
Title XV--Special Transfer Authority....................... [4,500,000] [-1,000,000] [3,500,000]
MEMORANDUM: DEFENSE AUTHORIZATIONS NOT UNDER THE JURISDICTION OF THE ARMED SERVICES COMMITTEE (NON-ADD)
Defense Production Act..................................... [44,605] [44,605]
----------------------------------------------------------------------------------------------------------------
NATIONAL DEFENSE BUDGET AUTHORITY IMPLICATION
(In Thousands of Dollars)
----------------------------------------------------------------------------------------------------------------
FY 2017 Conference Conference
Request Change Authorized
----------------------------------------------------------------------------------------------------------------
Summary, Discretionary Authorizations Within the Jurisdiction of the Armed Services Committee
SUBTOTAL, DEPARTMENT OF DEFENSE (051)........................... 523,952,134 -210,530 523,741,604
SUBTOTAL, ATOMIC ENERGY DEFENSE PROGRAMS (053).................. 19,240,478 119,330 19,359,808
SUBTOTAL, DEFENSE-RELATED ACTIVITIES (054)...................... 211,000 88,997 299,997
TOTAL, NATIONAL DEFENSE (050)--BASE BILL........................ 543,403,612 -2,203 543,401,409
TOTAL, OVERSEAS CONTINGENCY OPERATIONS.......................... 64,573,000 3,193,393 67,766,393
GRAND TOTAL, NATIONAL DEFENSE................................... 607,976,612 3,191,190 611,167,802
Base National Defense Discretionary Programs that Are Not In the Jurisdiction of the Armed Services Committee or
Do Not Require Additional Authorization
Defense Production Act Purchases................................ 44,000 44,000
Indefinite Account: Disposal Of DOD Real Property............... 8,000 8,000
Indefinite Account: Lease Of DOD Real Property.................. 37,000 37,000
Subtotal, Budget Sub-Function 051............................... 89,000 89,000
Formerly Utilized Sites Remedial Action Program................. 103,000 103,000
Subtotal, Budget Sub-Function 053............................... 103,000 103,000
Other Discretionary Programs.................................... 7,750,000 7,750,000
Other Discretionary Programs--proposed rescission (FBI S&E)..... -133,000 -133,000
Subtotal, Budget Sub-Function 054............................... 7,617,000 7,617,000
Total Defense Discretionary Adjustments (050)................... 7,809,000 7,809,000
Budget Authority Implication, National Defense Discretionary
Department of Defense--Military (051)........................... 588,614,134 2,982,863 591,596,997
Atomic Energy Defense Activities (053).......................... 19,343,478 119,330 19,462,808
Defense-Related Activities (054)................................ 7,828,000 88,997 7,916,997
Total BA Implication, National Defense Discretionary............ 615,785,612 3,191,190 618,976,802
National Defense Mandatory Programs, Current Law (CBO Estimates)
Concurrent receipt accrual payments to the Military Retirement 6,769,000 6,769,000
Fund...........................................................
Revolving, trust and other DOD Mandatory........................ 1,463,000 1,463,000
Offsetting receipts............................................. -1,856,000 -1,856,000
Subtotal, Budget Sub-Function 051............................... 6,376,000 6,376,000
Energy employees occupational illness compensation programs and 1,169,000 1,169,000
other..........................................................
Subtotal, Budget Sub-Function 053............................... 1,169,000 1,169,000
Radiation exposure compensation trust fund...................... 62,000 62,000
Payment to CIA retirement fund and other........................ 514,000 514,000
Subtotal, Budget Sub-Function 054............................... 576,000 576,000
Total National Defense Mandatory (050).......................... 8,121,000 8,121,000
Budget Authority Implication, National Defense Discretionary and Mandatory
Department of Defense--Military (051)........................... 594,990,134 2,982,863 597,972,997
Atomic Energy Defense Activities (053).......................... 20,512,478 119,330 20,631,808
Defense-Related Activities (054)................................ 8,404,000 88,997 8,492,997
Total BA Implication, National Defense Discretionary and 623,906,612 3,191,190 627,097,802
Mandatory......................................................
----------------------------------------------------------------------------------------------------------------
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized
Line Item -----------------------------------------------------------------------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001 UTILITY F/W AIRCRAFT..... 3 57,529 3 57,529 3 57,529 3 57,529
003 MQ-1 UAV................. 55,388 84,988 55,388 55,388
Ground Mounted [29,600]
Airspace
Deconfliction Radar.
ROTARY
006 AH-64 APACHE BLOCK IIIA 48 803,084 48 803,084 48 803,084 48 803,084
REMAN.
007 ADVANCE PROCUREMENT 185,160 185,160 185,160 185,160
(CY).
008 UH-60 BLACKHAWK M MODEL 36 755,146 36 755,146 36 755,146 36 755,146
(MYP).
009 ADVANCE PROCUREMENT 174,107 174,107 174,107 174,107
(CY).
010 UH-60 BLACK HAWK A AND L 38 46,173 38 46,173 38 46,173 38 46,173
MODELS.
011 CH-47 HELICOPTER......... 22 556,257 22 556,257 22 556,257 22 556,257
012 ADVANCE PROCUREMENT 8,707 8,707 8,707 8,707
(CY).
MODIFICATION OF AIRCRAFT
013 MQ-1 PAYLOAD (MIP)....... 43,735 43,735 43,735 43,735
015 MULTI SENSOR ABN RECON 94,527 94,527 94,527 94,527
(MIP).
016 AH-64 MODS............... 137,883 137,883 137,883 137,883
017 CH-47 CARGO HELICOPTER 102,943 102,943 102,943 102,943
MODS (MYP).
018 GRCS SEMA MODS (MIP)..... 4,055 4,055 4,055 4,055
019 ARL SEMA MODS (MIP)...... 6,793 6,793 6,793 6,793
020 EMARSS SEMA MODS (MIP)... 13,197 13,197 13,197 13,197
021 UTILITY/CARGO AIRPLANE 17,526 17,526 17,526 17,526
MODS.
022 UTILITY HELICOPTER MODS.. 10,807 10,807 10,807 10,807
023 NETWORK AND MISSION PLAN. 74,752 74,752 74,752 74,752
024 COMMS, NAV SURVEILLANCE.. 69,960 69,960 69,960 69,960
025 GATM ROLLUP.............. 45,302 45,302 45,302 45,302
026 RQ-7 UAV MODS............ 71,169 71,169 71,169 71,169
027 UAS MODS................. 21,804 26,224 21,804 21,804
Realign APS Unit Set [4,420]
Requirements from OCO.
GROUND SUPPORT AVIONICS
028 AIRCRAFT SURVIVABILITY 67,377 67,377 67,377 67,377
EQUIPMENT.
029 SURVIVABILITY CM......... 9,565 9,565 35,565 9,565
ASE PNT unfunded [26,000]
requirement.
030 CMWS..................... 41,626 41,626 41,626 41,626
OTHER SUPPORT
032 AVIONICS SUPPORT 7,007 7,007 7,007 7,007
EQUIPMENT.
033 COMMON GROUND EQUIPMENT.. 48,234 48,234 48,234 48,234
034 AIRCREW INTEGRATED 30,297 30,297 30,297 30,297
SYSTEMS.
035 AIR TRAFFIC CONTROL...... 50,405 50,405 50,405 50,405
036 INDUSTRIAL FACILITIES.... 1,217 1,217 1,217 1,217
037 LAUNCHER, 2.75 ROCKET.... 3,055 3,055 3,055 3,055
TOTAL AIRCRAFT 147 3,614,787 147 3,648,807 147 3,640,787 147 3,614,787
PROCUREMENT, ARMY.
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE
SYSTEM
001 LOWER TIER AIR AND 126,470 126,470 126,470 126,470
MISSILE DEFENSE (AMD).
002 MSE MISSILE.............. 85 423,201 85 505,601 85 423,201 85 423,201
Program increase..... [82,400]
003 ADVANCE PROCUREMENT 19,319 19,319 19,319 19,319
(CY).
AIR-TO-SURFACE MISSILE
SYSTEM
004 HELLFIRE SYS SUMMARY..... 155 42,013 155 42,013 155 42,013 155 42,013
005 JOINT AIR-TO-GROUND MSLS 324 64,751 324 64,751 324 64,751 324 64,751
(JAGM).
006 ADVANCE PROCUREMENT 37,100 37,100 37,100 37,100
(CY).
ANTI-TANK/ASSAULT MISSILE
SYS
007 JAVELIN (AAWS-M) SYSTEM 309 73,508 309 89,075 309 73,508 -604 309 72,904
SUMMARY.
Engineering services [-604]
cost growth.
Realign APS Unit Set [15,567]
Requirements from OCO.
008 TOW 2 SYSTEM SUMMARY..... 595 64,922 595 145,574 595 64,922 595 64,922
Realign APS Unit Set [80,652]
Requirements from OCO.
009 ADVANCE PROCUREMENT 19,949 19,949 19,949 -9,233 10,716
(CY).
Advance procurement [-9,233]
cost growth.
010 GUIDED MLRS ROCKET 1,068 172,088 1,068 248,079 1,068 172,088 1,068 172,088
(GMLRS).
Realign APS Unit Set [75,991]
Requirements from OCO.
011 MLRS REDUCED RANGE 1,704 18,004 1,704 18,004 1,704 18,004 1,704 18,004
PRACTICE ROCKETS (RRPR).
MODIFICATIONS
013 PATRIOT MODS............. 197,107 197,107 197,107 197,107
014 ATACMS MODS.............. 150,043 150,043 150,043 150,043
015 GMLRS MOD................ 395 395 395 395
017 AVENGER MODS............. 33,606 33,606 33,606 33,606
018 ITAS/TOW MODS............ 383 383 383 383
019 MLRS MODS................ 34,704 34,704 34,704 34,704
020 HIMARS MODIFICATIONS..... 1,847 1,847 1,847 1,847
SPARES AND REPAIR PARTS
021 SPARES AND REPAIR PARTS.. 34,487 34,487 34,487 34,487
SUPPORT EQUIPMENT &
FACILITIES
022 AIR DEFENSE TARGETS...... 4,915 4,915 4,915 4,915
024 PRODUCTION BASE SUPPORT.. 1,154 1,154 1,154 1,154
TOTAL MISSILE 4,240 1,519,966 4,240 1,774,576 4,240 1,519,966 -9,837 4,240 1,510,129
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT VEHICLES
001 STRYKER VEHICLE.......... 71,680 71,680 71,680 71,680
MODIFICATION OF TRACKED
COMBAT VEHICLES
002 STRYKER (MOD)............ 74,348 74,348 74,348 74,348
003 STRYKER UPGRADE.......... 444,561 444,561 433,561 -11,000 433,561
Early to need........ [-11,000] [-11,000]
005 BRADLEY PROGRAM (MOD).... 276,433 276,433 276,433 -3,100 273,333
Excess program [-3,100]
management growth.
006 HOWITZER, MED SP FT 155MM 63,138 63,138 63,138 63,138
M109A6 (MOD).
007 PALADIN INTEGRATED 36 469,305 36 594,489 36 469,305 36 469,305
MANAGEMENT (PIM).
Realign APS Unit Set [125,184]
Requirements from OCO.
008 IMPROVED RECOVERY VEHICLE 22 91,963 22 91,963 22 91,963 22 91,963
(M88A2 HERCULES).
009 ASSAULT BRIDGE (MOD)..... 3,465 9,415 3,465 3,465
Realign APS Unit Set [5,950]
Requirements from OCO.
010 ASSAULT BREACHER VEHICLE. 2,928 2,928 2,928 2,928
011 M88 FOV MODS............. 8,685 8,685 8,685 8,685
012 JOINT ASSAULT BRIDGE..... 9 64,752 9 64,752 9 64,752 9 64,752
013 M1 ABRAMS TANK (MOD)..... 480,166 480,166 620,166 480,166
APS Unfunded [82,000]
requirement.
M1 industrial base [58,000]
Unfunded requirement.
014 ABRAMS UPGRADE PROGRAM... 172,200 100,000 100,000
Realign APS Unit Set [172,200] [100,000]
Requirements from OCO.
WEAPONS & OTHER COMBAT
VEHICLES
016 INTEGRATED AIR BURST 9,764 9,764 9,764 9,764
WEAPON SYSTEM FAMILY.
017 MORTAR SYSTEMS........... 8,332 8,332 8,332 8,332
018 XM320 GRENADE LAUNCHER 3,062 3,062 3,062 3,062
MODULE (GLM).
019 COMPACT SEMI-AUTOMATIC 992 992 992 992
SNIPER SYSTEM.
020 CARBINE.................. 40,493 40,493 40,493 40,493
021 COMMON REMOTELY OPERATED 25,164 25,164 25,164 25,164
WEAPONS STATION.
MOD OF WEAPONS AND OTHER
COMBAT VEH
022 MK-19 GRENADE MACHINE GUN 4,959 4,959 4,959 4,959
MODS.
023 M777 MODS................ 11,913 11,913 11,913 11,913
024 M4 CARBINE MODS.......... 29,752 29,752 28,752 29,752
Program decrease..... [-1,000]
025 M2 50 CAL MACHINE GUN 48,582 48,582 48,582 48,582
MODS.
026 M249 SAW MACHINE GUN MODS 1,179 1,179 1,179 1,179
027 M240 MEDIUM MACHINE GUN 1,784 1,784 1,784 1,784
MODS.
028 SNIPER RIFLES 971 971 971 971
MODIFICATIONS.
029 M119 MODIFICATIONS....... 6,045 6,045 6,045 6,045
030 MORTAR MODIFICATION...... 12,118 12,118 12,118 12,118
031 MODIFICATIONS LESS THAN 3,157 3,157 3,157 3,157
$5.0M (WOCV-WTCV).
SUPPORT EQUIPMENT &
FACILITIES
032 ITEMS LESS THAN $5.0M 2,331 2,331 2,331 2,331
(WOCV-WTCV).
035 SMALL ARMS EQUIPMENT 3,155 3,155 3,155 3,155
(SOLDIER ENH PROG).
036 BRADLEY PROGRAM.......... 72,800 1,000
Program increase for [1,000]
Modular Handgun
System.
Realign APS Unit Set [72,800]
Requirements from OCO.
TOTAL PROCUREMENT OF 67 2,265,177 67 2,641,311 67 2,394,177 85,900 67 2,351,077
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL TYPES... 40,296 40,296 37,696 40,296
Early to need........ [-2,600]
002 CTG, 7.62MM, ALL TYPES... 39,237 48,879 38,937 39,237
Early to need........ [-300]
Realign APS Unit Set [9,642]
Requirements from OCO.
003 CTG, HANDGUN, ALL TYPES.. 5,193 5,193 3,893 5,193
Early to need........ [-1,300]
004 CTG, .50 CAL, ALL TYPES.. 46,693 52,691 41,993 46,693
Early to need........ [-4,700]
Realign APS Unit Set [5,998]
Requirements from OCO.
005 CTG, 20MM, ALL TYPES..... 7,000 8,077 7,000 7,000
Realign APS Unit Set [1,077]
Requirements from OCO.
006 CTG, 25MM, ALL TYPES..... 7,753 34,987 6,453 -1,300 6,453
Program reduction.... [-1,300] [-1,300] [-1,300]
Realign APS Unit Set [28,534]
Requirements from OCO.
007 CTG, 30MM, ALL TYPES..... 47,000 47,000 47,000 47,000
008 CTG, 40MM, ALL TYPES..... 118,178 115,501 111,878 -6,354 111,824
Early to need........ [-6,300] [-6,354]
Realign APS Unit Set [7,423]
Requirements from OCO.
Unobligated balances. [-10,100]
MORTAR AMMUNITION
009 60MM MORTAR, ALL TYPES... 69,784 69,784 69,784 69,784
010 81MM MORTAR, ALL TYPES... 36,125 38,802 36,125 36,125
Realign APS Unit Set [2,677]
Requirements from OCO.
011 120MM MORTAR, ALL TYPES.. 69,133 69,133 69,133 69,133
TANK AMMUNITION
012 CARTRIDGES, TANK, 105MM 120,668 129,667 117,868 -2,800 117,868
AND 120MM, ALL TYPES.
Early to need........ [-2,800] [-2,800]
Realign APS Unit Set [8,999]
Requirements from OCO.
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 64,800 64,800 60,800 -3,500 61,300
75MM & 105MM, ALL TYPES.
75mm blanks early to [-4,000] [-3,500]
need.
014 ARTILLERY PROJECTILE, 109,515 129,863 109,515 109,515
155MM, ALL TYPES.
Realign APS Unit Set [20,348]
Requirements from OCO.
015 PROJ 155MM EXTENDED RANGE 39,200 39,340 39,200 39,200
M982.
Realign APS Unit Set [140]
Requirements from OCO.
016 ARTILLERY PROPELLANTS, 70,881 95,536 70,881 70,881
FUZES AND PRIMERS, ALL.
Realign APS Unit Set [24,655]
Requirements from OCO.
MINES
017 MINES & CLEARING CHARGES, 16,866
ALL TYPES.
Realign APS Unit Set [16,866]
Requirements from OCO.
NETWORKED MUNITIONS
018 SPIDER NETWORK MUNITIONS, 10,353
ALL TYPES.
Realign APS Unit Set [10,353]
Requirements from OCO.
ROCKETS
019 SHOULDER LAUNCHED 38,000 101,210 38,000 38,000
MUNITIONS, ALL TYPES.
Realign APS Unit Set [63,210]
Requirements from OCO.
020 ROCKET, HYDRA 70, ALL 87,213 87,213 87,213 87,213
TYPES.
OTHER AMMUNITION
021 CAD/PAD, ALL TYPES....... 4,914 4,914 4,914 4,914
022 DEMOLITION MUNITIONS, ALL 6,380 12,753 6,380 6,380
TYPES.
Realign APS Unit Set [6,373]
Requirements from OCO.
023 GRENADES, ALL TYPES...... 22,760 26,903 22,760 22,760
Realign APS Unit Set [4,143]
Requirements from OCO.
024 SIGNALS, ALL TYPES....... 10,666 12,518 10,666 10,666
Realign APS Unit Set [1,852]
Requirements from OCO.
025 SIMULATORS, ALL TYPES.... 7,412 7,412 7,412 7,412
MISCELLANEOUS
026 AMMO COMPONENTS, ALL 12,726 12,726 12,726 12,726
TYPES.
027 NON-LETHAL AMMUNITION, 6,100 6,873 5,900 -200 5,900
ALL TYPES.
Early to need........ [-200] [-200]
Realign APS Unit Set [773]
Requirements from OCO.
028 ITEMS LESS THAN $5 10,006 10,006 9,506 -500 9,506
MILLION (AMMO).
Early to need........ [-500] [-500]
029 AMMUNITION PECULIAR 17,275 13,575 13,575 -3,700 13,575
EQUIPMENT.
Early to need........ [-3,700] [-3,700] [-3,700]
030 FIRST DESTINATION 14,951 14,951 14,951 14,951
TRANSPORTATION (AMMO).
PRODUCTION BASE SUPPORT
032 INDUSTRIAL FACILITIES.... 222,269 242,269 222,269 20,000 242,269
Program increase..... [20,000] [20,000]
033 CONVENTIONAL MUNITIONS 157,383 157,383 157,383 157,383
DEMILITARIZATION.
034 ARMS INITIATIVE.......... 3,646 3,646 3,646 3,646
TOTAL PROCUREMENT OF 1,513,157 1,731,120 1,485,457 1,646 1,514,803
AMMUNITION, ARMY.
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/DOLLY 3,733 3,733 3,733 3,733
SETS.
002 SEMITRAILERS, FLATBED:... 3,716 7,896 3,716 3,716
Realign APS Unit Set [4,180]
Requirements from OCO.
003 HI MOB MULTI-PURP WHLD 50,000 21,000 50,000 50,000
VEH (HMMWV).
HMMWV M997A3 [50,000] [21,000] [50,000]
ambulance
recapitalization for
Active Component.
004 GROUND MOBILITY VEHICLES 4,907 4,907 4,907 4,907
(GMV).
006 JOINT LIGHT TACTICAL 1,828 587,514 1,828 587,514 1,828 587,514 1,828 587,514
VEHICLE.
007 TRUCK, DUMP, 20T (CCE)... 3,927 3,927 3,927 3,927
008 FAMILY OF MEDIUM TACTICAL 8 53,293 8 200,769 8 53,293 8 53,293
VEH (FMTV).
Realign APS Unit Set [147,476]
Requirements from OCO.
009 FIRETRUCKS & ASSOCIATED 7,460 7,460 7,460 7,460
FIREFIGHTING EQUIP.
010 FAMILY OF HEAVY TACTICAL 430 39,564 430 45,686 430 39,564 430 39,564
VEHICLES (FHTV).
Realign APS Unit Set [6,122]
Requirements from OCO.
011 PLS ESP.................. 11,856 118,214 11,856 11,856
Realign APS Unit Set [106,358]
Requirements from OCO.
012 HVY EXPANDED MOBILE 76,561
TACTICAL TRUCK EXT SERV.
Realign APS Unit Set [76,561]
Requirements from OCO.
013 TACTICAL WHEELED VEHICLE 49,751 76,870 49,751 49,751
PROTECTION KITS.
Realign APS Unit Set [27,119]
Requirements from OCO.
014 MODIFICATION OF IN SVC 64,000 57,456 52,000 -10,000 54,000
EQUIP.
Program reduction.... [-10,000] [-12,000] [-10,000]
Realign APS Unit Set [3,456]
Requirements from OCO.
015 MINE-RESISTANT AMBUSH- 10,611 10,611 10,611 10,611
PROTECTED (MRAP) MODS.
NON-TACTICAL VEHICLES
016 HEAVY ARMORED SEDAN...... 394 394 394 394
018 NONTACTICAL VEHICLES, 1,755 1,755 1,755 1,755
OTHER.
COMM--JOINT
COMMUNICATIONS
019 WIN-T--GROUND FORCES 427,598 434,170 327,598 427,598
TACTICAL NETWORK.
Ahead of need........ [-100,000]
Realign APS Unit Set [6,572]
Requirements from OCO.
020 SIGNAL MODERNIZATION 58,250 58,250 58,250 58,250
PROGRAM.
021 JOINT INCIDENT SITE 5,749 5,749 5,749 5,749
COMMUNICATIONS
CAPABILITY.
022 JCSE EQUIPMENT (USREDCOM) 5,068 5,068 5,068 5,068
COMM--SATELLITE
COMMUNICATIONS
023 DEFENSE ENTERPRISE 143,805 143,805 143,805 143,805
WIDEBAND SATCOM SYSTEMS.
024 TRANSPORTABLE TACTICAL 36,580 36,580 36,580 36,580
COMMAND COMMUNICATIONS.
025 SHF TERM................. 1,985 25,985 1,985 1,985
Realign APS Unit Set [24,000]
Requirements from OCO.
027 SMART-T (SPACE).......... 9,165 9,165 9,165 9,165
COMM--C3 SYSTEM
031 ARMY GLOBAL CMD & CONTROL 2,530 2,530 2,530 2,530
SYS (AGCCS).
COMM--COMBAT
COMMUNICATIONS
033 HANDHELD MANPACK SMALL 5,656 273,645 5,656 273,645 5,656 273,645 5,656 273,645
FORM FIT (HMS).
034 MID-TIER NETWORKING 25,017 25,017 25,017 25,017
VEHICULAR RADIO (MNVR).
035 RADIO TERMINAL SET, MIDS 12,326 12,326 12,326 12,326
LVT(2).
037 TRACTOR DESK............. 2,034 2,034 2,034 2,034
038 TRACTOR RIDE............. 2,334 2,334 2,334 2,334
039 SPIDER APLA REMOTE 1,985 1,985 1,985 1,985
CONTROL UNIT.
040 SPIDER FAMILY OF 10,796 10,796 10,796 10,796
NETWORKED MUNITIONS INCR.
042 TACTICAL COMMUNICATIONS 3,607 3,607 3,607 3,607
AND PROTECTIVE SYSTEM.
043 UNIFIED COMMAND SUITE.... 14,295 14,295 14,295 14,295
045 FAMILY OF MED COMM FOR 19,893 19,893 19,893 19,893
COMBAT CASUALTY CARE.
COMM--INTELLIGENCE COMM
047 CI AUTOMATION 1,388 1,388 1,388 1,388
ARCHITECTURE.
048 ARMY CA/MISO GPF 5,494 5,494 5,494 5,494
EQUIPMENT.
INFORMATION SECURITY
049 FAMILY OF BIOMETRICS..... 2,978 2,978 2,978 2,978
051 COMMUNICATIONS SECURITY 131,356 133,284 131,356 131,356
(COMSEC).
Realign APS Unit Set [1,928]
Requirements from OCO.
052 DEFENSIVE CYBER 15,132 15,132 15,132 15,132
OPERATIONS.
COMM--LONG HAUL
COMMUNICATIONS
053 BASE SUPPORT 27,452 27,452 27,452 27,452
COMMUNICATIONS.
COMM--BASE COMMUNICATIONS
054 INFORMATION SYSTEMS...... 122,055 122,055 122,055 122,055
055 EMERGENCY MANAGEMENT 1 4,286 1 4,286 1 4,286 1 4,286
MODERNIZATION PROGRAM.
056 INSTALLATION INFO 131,794 131,794 131,794 131,794
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT REL
ACT (TIARA)
059 JTT/CIBS-M............... 5,337 5,337 5,337 5,337
062 DCGS-A (MIP)............. 242,514 242,514 149,514 -24,700 217,814
Program reduction.... [-93,000] [-24,700]
063 JOINT TACTICAL GROUND 4,417 4,417 4,417 4,417
STATION (JTAGS).
064 TROJAN (MIP)............. 17,455 17,615 17,455 17,455
Realign APS Unit Set [160]
Requirements from OCO.
065 MOD OF IN-SVC EQUIP 44,965 44,965 44,965 44,965
(INTEL SPT) (MIP).
066 CI HUMINT AUTO REPRTING 7,658 7,658 7,658 7,658
AND COLL(CHARCS).
067 CLOSE ACCESS TARGET 7,970 7,970 7,970 7,970
RECONNAISSANCE (CATR).
068 MACHINE FOREIGN LANGUAGE 545 545 545 545
TRANSLATION SYSTEM-M.
ELECT EQUIP--ELECTRONIC
WARFARE (EW)
070 LIGHTWEIGHT COUNTER 74,038 99,930 61,538 -5,585 68,453
MORTAR RADAR.
Realign APS Unit Set [25,892]
Requirements from OCO.
Unit cost growth..... [-12,500] [-5,585]
071 EW PLANNING & MANAGEMENT 3,235 3,235 3,235 3,235
TOOLS (EWPMT).
072 AIR VIGILANCE (AV)....... 733 733 733 733
074 FAMILY OF PERSISTENT 1,740 1,740 1,740 1,740
SURVEILLANCE CAPABILITIE.
075 COUNTERINTELLIGENCE/ 455 455 455 455
SECURITY COUNTERMEASURES.
076 CI MODERNIZATION......... 176 176 176 176
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
077 SENTINEL MODS............ 40,171 40,171 40,171 40,171
078 NIGHT VISION DEVICES..... 163,029 163,029 163,029 163,029
079 SMALL TACTICAL OPTICAL 15,885 15,885 15,885 15,885
RIFLE MOUNTED MLRF.
080 INDIRECT FIRE PROTECTION 48,427 52,697 48,427 48,427
FAMILY OF SYSTEMS.
Realign APS Unit Set [4,270]
Requirements from OCO.
081 FAMILY OF WEAPON SIGHTS 55,536 55,536 55,536 55,536
(FWS).
082 ARTILLERY ACCURACY EQUIP. 4,187 4,187 4,187 4,187
085 JOINT BATTLE COMMAND-- 137,501 137,501 137,501 137,501
PLATFORM (JBC-P).
086 JOINT EFFECTS TARGETING 50,726 50,726 50,726 50,726
SYSTEM (JETS).
087 MOD OF IN-SVC EQUIP 28,058 28,058 21,558 28,058
(LLDR).
Reduce to FY16 levels [-6,500]
088 COMPUTER BALLISTICS: 5,924 5,924 5,924 5,924
LHMBC XM32.
089 MORTAR FIRE CONTROL 22,331 22,621 22,331 22,331
SYSTEM.
Realign APS Unit Set [290]
Requirements from OCO.
090 COUNTERFIRE RADARS....... 314,509 281,509 278,509 -33,000 281,509
Unit cost savings.... [-33,000] [-36,000] [-33,000]
ELECT EQUIP--TACTICAL C2
SYSTEMS
091 FIRE SUPPORT C2 FAMILY... 8,660 8,660 8,660 8,660
092 AIR & MSL DEFENSE 54,376 124,334 54,376 54,376
PLANNING & CONTROL SYS.
Realign APS Unit Set [69,958]
Requirements from OCO.
093 IAMD BATTLE COMMAND 204,969 204,969 204,969 204,969
SYSTEM.
094 LIFE CYCLE SOFTWARE 4,718 4,718 4,718 4,718
SUPPORT (LCSS).
095 NETWORK MANAGEMENT 11,063 11,063 11,063 11,063
INITIALIZATION AND
SERVICE.
096 MANEUVER CONTROL SYSTEM 151,318 151,318 124,318 151,318
(MCS).
Reduce to FY16 level. [-27,000]
097 GLOBAL COMBAT SUPPORT 155,660 155,660 155,660 155,660
SYSTEM-ARMY (GCSS-A).
098 INTEGRATED PERSONNEL AND 4,214 4,214 4,214 4,214
PAY SYSTEM-ARMY (IPP.
099 RECONNAISSANCE AND 16,185 16,185 16,185 16,185
SURVEYING INSTRUMENT SET.
100 MOD OF IN-SVC EQUIPMENT 1,565 1,565 1,565 1,565
(ENFIRE).
ELECT EQUIP--AUTOMATION
101 ARMY TRAINING 17,693 17,693 17,693 17,693
MODERNIZATION.
102 AUTOMATED DATA PROCESSING 107,960 107,960 98,560 107,960
EQUIP.
Program reduction.... [-9,400]
103 GENERAL FUND ENTERPRISE 6,416 6,416 6,416 6,416
BUSINESS SYSTEMS FAM.
104 HIGH PERF COMPUTING MOD 58,614 58,614 58,614 58,614
PGM (HPCMP).
105 CONTRACT WRITING SYSTEM.. 986 986 986
Contract writing [-986]
unjustified
requirement.
106 RESERVE COMPONENT 23,828 23,828 23,828 23,828
AUTOMATION SYS (RCAS).
ELECT EQUIP--AUDIO VISUAL
SYS (A/V)
107 TACTICAL DIGITAL MEDIA... 1,191 1,191 1,191 1,191
108 ITEMS LESS THAN $5M 1,995 2,091 1,995 1,995
(SURVEYING EQUIPMENT).
Realign APS Unit Set [96]
Requirements from OCO.
ELECT EQUIP--SUPPORT
109 PRODUCTION BASE SUPPORT 403 403 403 403
(C-E).
CLASSIFIED PROGRAMS
110A CLASSIFIED PROGRAMS...... 4,436 4,436 4,436 4,436
CHEMICAL DEFENSIVE
EQUIPMENT
111 PROTECTIVE SYSTEMS....... 2,966 2,966 2,966 2,966
112 FAMILY OF NON-LETHAL 9,795 9,795 9,795 9,795
EQUIPMENT (FNLE).
114 CBRN DEFENSE............. 17,922 19,763 17,922 17,922
Realign APS Unit Set [1,841]
Requirements from OCO.
BRIDGING EQUIPMENT
115 TACTICAL BRIDGING........ 13,553 39,553 13,553 13,553
Realign APS Unit Set [26,000]
Requirements from OCO.
116 TACTICAL BRIDGE, FLOAT- 25,244 25,244 25,244 25,244
RIBBON.
117 BRIDGE SUPPLEMENTAL SET.. 983 983 983 983
118 COMMON BRIDGE TRANSPORTER 25,176 25,176 25,176 25,176
(CBT) RECAP.
ENGINEER (NON-
CONSTRUCTION) EQUIPMENT
119 GRND STANDOFF MINE 39,350 39,350 39,350 39,350
DETECTN SYSM (GSTAMIDS).
120 AREA MINE DETECTION 10,500 10,500 10,500 10,500
SYSTEM (AMDS).
121 HUSKY MOUNTED DETECTION 274 274 274 274
SYSTEM (HMDS).
122 ROBOTIC COMBAT SUPPORT 2,951 2,951 2,951 2,951
SYSTEM (RCSS).
123 EOD ROBOTICS SYSTEMS 1,949 1,949 1,949 1,949
RECAPITALIZATION.
124 ROBOTICS AND APPLIQUE 5,203 5,471 5,203 5,203
SYSTEMS.
Realign APS Unit Set [268]
Requirements from OCO.
125 EXPLOSIVE ORDNANCE 5,570 5,570 5,570 5,570
DISPOSAL EQPMT (EOD
EQPMT).
126 REMOTE DEMOLITION SYSTEMS 6,238 6,238 6,238 6,238
127 < $5M, COUNTERMINE 836 836 836 836
EQUIPMENT.
128 FAMILY OF BOATS AND 3,171 3,451 3,171 3,171
MOTORS.
Realign APS Unit Set [280]
Requirements from OCO.
COMBAT SERVICE SUPPORT
EQUIPMENT
129 HEATERS AND ECU'S........ 18,707 19,601 18,707 18,707
Realign APS Unit Set [894]
Requirements from OCO.
130 SOLDIER ENHANCEMENT...... 2,112 2,112 2,112 2,112
131 PERSONNEL RECOVERY 10,856 10,856 10,856 10,856
SUPPORT SYSTEM (PRSS).
132 GROUND SOLDIER SYSTEM.... 32,419 32,419 32,419 32,419
133 MOBILE SOLDIER POWER..... 30,014 30,014 30,014 30,014
135 FIELD FEEDING EQUIPMENT.. 12,544 15,209 12,544 12,544
Realign APS Unit Set [2,665]
Requirements from OCO.
136 CARGO AERIAL DEL & 18,509 18,509 18,509 18,509
PERSONNEL PARACHUTE
SYSTEM.
137 FAMILY OF ENGR COMBAT AND 29,384 39,173 29,384 29,384
CONSTRUCTION SETS.
Realign APS Unit Set [9,789]
Requirements from OCO.
138 ITEMS LESS THAN $5M (ENG 300
SPT).
Realign APS Unit Set [300]
Requirements from OCO.
PETROLEUM EQUIPMENT
139 QUALITY SURVEILLANCE 4,487 9,287 4,487 4,487
EQUIPMENT.
Realign APS Unit Set [4,800]
Requirements from OCO.
140 DISTRIBUTION SYSTEMS, 42,656 63,476 32,656 -7,000 35,656
PETROLEUM & WATER.
Program decrease..... [-10,000] [-7,000]
Realign APS Unit Set [20,820]
Requirements from OCO.
MEDICAL EQUIPMENT
141 COMBAT SUPPORT MEDICAL... 59,761 65,524 59,761 59,761
Realign APS Unit Set [5,763]
Requirements from OCO.
MAINTENANCE EQUIPMENT
142 MOBILE MAINTENANCE 35,694 33,803 30,694 -3,500 32,194
EQUIPMENT SYSTEMS.
Program reduction.... [-3,500] [-5,000] [-3,500]
Realign APS Unit Set [1,609]
Requirements from OCO.
143 ITEMS LESS THAN $5.0M 2,716 2,861 2,716 2,716
(MAINT EQ).
Realign APS Unit Set [145]
Requirements from OCO.
CONSTRUCTION EQUIPMENT
144 GRADER, ROAD MTZD, HVY, 1,742 4,789 1,742 1,742
6X4 (CCE).
Realign APS Unit Set [3,047]
Requirements from OCO.
145 SCRAPERS, EARTHMOVING.... 26,233 26,233 26,233 26,233
147 HYDRAULIC EXCAVATOR...... 1,123 1,123 1,123 1,123
148 TRACTOR, FULL TRACKED.... 4,426
Realign APS Unit Set [4,426]
Requirements from OCO.
149 ALL TERRAIN CRANES....... 65,285 65,285 65,285 65,285
151 HIGH MOBILITY ENGINEER 1,743 4,643 1,743 1,743
EXCAVATOR (HMEE).
Realign APS Unit Set [2,900]
Requirements from OCO.
152 ENHANCED RAPID AIRFIELD 2,779 2,779 2,779 2,779
CONSTRUCTION CAPAP.
154 CONST EQUIP ESP.......... 26,712 23,212 22,212 -4,500 22,212
Program reduction.... [-3,500] [-4,500] [-4,500]
155 ITEMS LESS THAN $5.0M 6,649 6,745 6,649 6,649
(CONST EQUIP).
Realign APS Unit Set [96]
Requirements from OCO.
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
156 ARMY WATERCRAFT ESP...... 21,860 16,860 10,860 21,860
Program reduction.... [-5,000] [-11,000]
157 ITEMS LESS THAN $5.0M 1,967 1,967 1,967 1,967
(FLOAT/RAIL).
GENERATORS
158 GENERATORS AND ASSOCIATED 113,266 125,727 113,266 113,266
EQUIP.
Program decrease..... [-7,500]
Realign APS Unit Set [19,961]
Requirements from OCO.
159 TACTICAL ELECTRIC POWER 7,867 7,867 7,867 7,867
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
160 FAMILY OF FORKLIFTS...... 2,307 3,153 2,307 2,307
Realign APS Unit Set [846]
Requirements from OCO.
TRAINING EQUIPMENT
161 COMBAT TRAINING CENTERS 75,359 75,359 75,359 75,359
SUPPORT.
162 TRAINING DEVICES, 253,050 253,050 253,050 253,050
NONSYSTEM.
163 CLOSE COMBAT TACTICAL 48,271 48,271 48,271 48,271
TRAINER.
164 AVIATION COMBINED ARMS 40,000 40,000 40,000 40,000
TACTICAL TRAINER.
165 GAMING TECHNOLOGY IN 11,543 11,543 11,543 11,543
SUPPORT OF ARMY TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
166 CALIBRATION SETS 4,963 4,963 4,963 4,963
EQUIPMENT.
167 INTEGRATED FAMILY OF TEST 29,781 29,781 29,781 29,781
EQUIPMENT (IFTE).
168 TEST EQUIPMENT 6,342 7,482 6,342 6,342
MODERNIZATION (TEMOD).
Realign APS Unit Set [1,140]
Requirements from OCO.
OTHER SUPPORT EQUIPMENT
169 M25 STABILIZED BINOCULAR. 3,149 3,149 3,149 3,149
170 RAPID EQUIPPING SOLDIER 18,003 18,003 18,003 18,003
SUPPORT EQUIPMENT.
171 PHYSICAL SECURITY SYSTEMS 44,082 44,082 44,082 44,082
(OPA3).
172 BASE LEVEL COMMON 2,168 2,168 2,168 2,168
EQUIPMENT.
173 MODIFICATION OF IN-SVC 67,367 67,367 62,367 67,367
EQUIPMENT (OPA-3).
Reduce to FY16 level. [-5,000]
174 PRODUCTION BASE SUPPORT 1,528 1,528 1,528 1,528
(OTH).
175 SPECIAL EQUIPMENT FOR 8,289 8,289 8,289 8,289
USER TESTING.
177 TRACTOR YARD............. 6,888 6,888 6,888 6,888
OPA2
179 INITIAL SPARES--C&E...... 27,243 27,243 27,243 27,243
TOTAL OTHER 7,923 5,873,949 7,923 6,473,477 7,923 5,562,063 -38,285 7,923 5,835,664
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
003 JOINT STRIKE FIGHTER CV.. 4 890,650 4 890,650 4 890,650 4 890,650
004 ADVANCE PROCUREMENT 80,908 80,908 80,908 80,908
(CY).
005 JSF STOVL................ 16 2,037,768 16 2,037,768 16 2,037,768 16 2,037,768
006 ADVANCE PROCUREMENT 233,648 233,648 233,648 233,648
(CY).
007 CH-53K (HEAVY LIFT)...... 2 348,615 2 348,615 2 348,615 2 348,615
008 ADVANCE PROCUREMENT 88,365 88,365 88,365 88,365
(CY).
009 V-22 (MEDIUM LIFT)....... 16 1,264,134 16 1,264,134 16 1,264,134 -15,000 16 1,249,134
Support cost growth.. [-15,000]
010 ADVANCE PROCUREMENT 19,674 19,674 19,674 19,674
(CY).
011 H-1 UPGRADES (UH-1Y/AH- 24 759,778 24 759,778 24 759,778 -3,192 24 756,586
1Z).
Airframe unit cost [-3,192]
growth.
012 ADVANCE PROCUREMENT 57,232 57,232 57,232 57,232
(CY).
014 MH-60R (MYP)............. 61,177 26,177 61,177 -8,000 53,177
Line shutdown costs-- [-35,000] [-8,000]
early to need.
016 P-8A POSEIDON............ 11 1,940,238 11 1,940,238 11 1,940,238 -77,000 11 1,863,238
Airfrane unit cost [-77,000]
growth.
017 ADVANCE PROCUREMENT 123,140 123,140 123,140 123,140
(CY).
018 E-2D ADV HAWKEYE......... 6 916,483 6 916,483 6 916,483 6 916,483
019 ADVANCE PROCUREMENT 125,042 125,042 125,042 125,042
(CY).
TRAINER AIRCRAFT
020 JPATS.................... 5,849 5,849 5,849 5,849
OTHER AIRCRAFT
021 KC-130J.................. 2 128,870 2 128,870 2 128,870 2 128,870
022 ADVANCE PROCUREMENT 24,848 24,848 24,848 24,848
(CY).
023 MQ-4 TRITON.............. 2 409,005 2 409,005 2 409,005 -12,880 2 396,125
Unit cost savings.... [-12,880]
024 ADVANCE PROCUREMENT 55,652 55,652 55,652 55,652
(CY).
025 MQ-8 UAV................. 1 72,435 1 72,435 1 72,435 1 72,435
MODIFICATION OF AIRCRAFT
029 AEA SYSTEMS.............. 51,900 51,900 51,900 51,900
030 AV-8 SERIES.............. 60,818 60,818 60,818 60,818
031 ADVERSARY................ 5,191 5,191 5,191 5,191
032 F-18 SERIES.............. 1,023,492 986,192 1,023,492 -37,300 986,192
Unobligated balances. [-37,300] [-37,300]
034 H-53 SERIES.............. 46,095 46,095 46,095 46,095
035 SH-60 SERIES............. 108,328 108,328 108,328 108,328
036 H-1 SERIES............... 46,333 46,333 46,333 46,333
037 EP-3 SERIES.............. 14,681 14,681 14,681 14,681
038 P-3 SERIES............... 2,781 2,781 2,781 2,781
039 E-2 SERIES............... 32,949 32,949 32,949 32,949
040 TRAINER A/C SERIES....... 13,199 13,199 13,199 13,199
041 C-2A..................... 19,066 19,066 19,066 19,066
042 C-130 SERIES............. 61,788 61,788 61,788 -2,000 59,788
Training equipment [-2,000]
unjustified growth
(OSIP 022-07).
043 FEWSG.................... 618 618 618 618
044 CARGO/TRANSPORT A/C 9,822 9,822 9,822 9,822
SERIES.
045 E-6 SERIES............... 222,077 222,077 222,077 222,077
046 EXECUTIVE HELICOPTERS 66,835 66,835 66,835 66,835
SERIES.
047 SPECIAL PROJECT AIRCRAFT. 16,497 16,497 16,497 16,497
048 T-45 SERIES.............. 114,887 114,887 114,887 114,887
049 POWER PLANT CHANGES...... 16,893 16,893 16,893 -2,000 14,893
Excess support growth [-2,000]
050 JPATS SERIES............. 17,401 17,401 17,401 17,401
051 COMMON ECM EQUIPMENT..... 143,773 143,773 143,773 143,773
052 COMMON AVIONICS CHANGES.. 164,839 164,839 164,839 164,839
053 COMMON DEFENSIVE WEAPON 4,403 4,403 4,403 4,403
SYSTEM.
054 ID SYSTEMS............... 45,768 45,768 45,768 45,768
055 P-8 SERIES............... 18,836 18,836 18,836 18,836
056 MAGTF EW FOR AVIATION.... 5,676 5,676 5,676 5,676
057 MQ-8 SERIES.............. 19,003 19,003 19,003 19,003
058 RQ-7 SERIES.............. 3,534 3,534 3,534 3,534
059 V-22 (TILT/ROTOR ACFT) 141,545 141,545 141,545 141,545
OSPREY.
060 F-35 STOVL SERIES........ 34,928 34,928 34,928 34,928
061 F-35 CV SERIES........... 26,004 26,004 26,004 26,004
062 QRC...................... 5,476 5,476 5,476 5,476
AIRCRAFT SPARES AND
REPAIR PARTS
063 SPARES AND REPAIR PARTS.. 1,407,626 1,407,626 1,458,426 1,407,626
F-35B spares unfunded [50,800]
requirement.
AIRCRAFT SUPPORT EQUIP &
FACILITIES
064 COMMON GROUND EQUIPMENT.. 390,103 370,103 390,103 390,103
Program decrease..... [-20,000]
065 AIRCRAFT INDUSTRIAL 23,194 23,194 23,194 23,194
FACILITIES.
066 WAR CONSUMABLES.......... 40,613 40,613 40,613 40,613
067 OTHER PRODUCTION CHARGES. 860 860 860 860
068 SPECIAL SUPPORT EQUIPMENT 36,282 36,282 36,282 36,282
069 FIRST DESTINATION 1,523 1,523 1,523 1,523
TRANSPORTATION.
TOTAL AIRCRAFT 84 14,109,148 84 14,016,848 84 14,159,948 -157,372 84 13,951,776
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
001 TRIDENT II MODS.......... 1,103,086 1,103,086 1,103,086 1,103,086
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 6,776 6,776 6,776 6,776
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK................. 100 186,905 100 186,905 196 271,105 -7,000 100 179,905
Program increase..... [96] [84,200]
Tomahawk unit cost [-7,000]
growth.
TACTICAL MISSILES
004 AMRAAM................... 163 204,697 163 204,697 163 204,697 -7,250 163 197,447
Unit cost growth..... [-7,250]
005 SIDEWINDER............... 152 70,912 152 70,912 152 70,912 152 70,912
006 JSOW..................... 2,232 2,232 2,232 2,232
007 STANDARD MISSILE......... 125 501,212 125 501,212 125 501,212 -3,244 125 497,968
Diminishing [-3,244]
manufacturing sources
excess growth.
008 RAM...................... 90 71,557 90 71,557 90 71,557 90 71,557
009 JOINT AIR GROUND MISSILE 96 26,200 96 26,200 96 26,200 -4,278 96 21,922
(JAGM).
Unit cost savings.... [-4,278]
012 STAND OFF PRECISION 24 3,316 24 3,316 24 3,316 24 3,316
GUIDED MUNITIONS (SOPGM).
013 AERIAL TARGETS........... 137,484 137,484 137,484 137,484
014 OTHER MISSILE SUPPORT.... 3,248 3,248 3,248 3,248
015 LRASM.................... 10 29,643 10 29,643 10 29,643 10 29,643
MODIFICATION OF MISSILES
016 ESSM..................... 75 52,935 75 52,935 75 52,935 75 52,935
018 HARM MODS................ 178,213 178,213 148,213 178,213
Advanced Anti- [-30,000]
Radiation Guided
Missile production
issues.
019 STANDARD MISSILES MODS... 8,164 8,164 8,164 8,164
SUPPORT EQUIPMENT &
FACILITIES
020 WEAPONS INDUSTRIAL 1,964 1,964 1,964 1,964
FACILITIES.
021 FLEET SATELLITE COMM 36,723 36,723 36,723 36,723
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
022 ORDNANCE SUPPORT 59,096 59,096 66,066 59,096
EQUIPMENT.
Program increase..... [6,970]
TORPEDOES AND RELATED
EQUIP
023 SSTD..................... 5,910 5,910 5,910 5,910
024 MK-48 TORPEDO............ 11 44,537 11 44,537 11 44,537 11 44,537
025 ASW TARGETS.............. 9,302 9,302 9,302 9,302
MOD OF TORPEDOES AND
RELATED EQUIP
026 MK-54 TORPEDO MODS....... 98,092 98,092 98,092 98,092
027 MK-48 TORPEDO ADCAP MODS. 46,139 46,139 46,139 46,139
028 QUICKSTRIKE MINE......... 1,236 1,236 1,236 1,236
SUPPORT EQUIPMENT
029 TORPEDO SUPPORT EQUIPMENT 60,061 60,061 60,061 60,061
030 ASW RANGE SUPPORT........ 3,706 3,706 3,706 3,706
DESTINATION
TRANSPORTATION
031 FIRST DESTINATION 3,804 3,804 3,804 3,804
TRANSPORTATION.
GUNS AND GUN MOUNTS
032 SMALL ARMS AND WEAPONS... 18,002 18,002 18,002 18,002
MODIFICATION OF GUNS AND
GUN MOUNTS
033 CIWS MODS................ 50,900 50,900 50,900 50,900
034 COAST GUARD WEAPONS...... 25,295 25,295 25,295 25,295
035 GUN MOUNT MODS........... 77,003 77,003 77,003 77,003
036 LCS MODULE WEAPONS....... 24 2,776 24 2,776 24 2,776 24 2,776
038 AIRBORNE MINE 15,753 15,753 15,753 15,753
NEUTRALIZATION SYSTEMS.
SPARES AND REPAIR PARTS
040 SPARES AND REPAIR PARTS.. 62,383 62,383 62,383 62,383
TOTAL WEAPONS 870 3,209,262 870 3,209,262 966 3,270,432 -21,772 870 3,187,490
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO, NAVY
& MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS.... 91,659 91,659 91,659 91,659
002 AIRBORNE ROCKETS, ALL 65,759 65,759 65,759 65,759
TYPES.
003 MACHINE GUN AMMUNITION... 8,152 8,152 8,152 8,152
004 PRACTICE BOMBS........... 41,873 41,873 41,873 41,873
005 CARTRIDGES & CART 54,002 54,002 54,002 54,002
ACTUATED DEVICES.
006 AIR EXPENDABLE 57,034 57,034 57,034 57,034
COUNTERMEASURES.
007 JATOS.................... 2,735 2,735 2,735 2,735
009 5 INCH/54 GUN AMMUNITION. 19,220 19,220 19,220 19,220
010 INTERMEDIATE CALIBER GUN 30,196 30,196 30,196 30,196
AMMUNITION.
011 OTHER SHIP GUN AMMUNITION 39,009 39,009 39,009 39,009
012 SMALL ARMS & LANDING 46,727 46,727 46,727 46,727
PARTY AMMO.
013 PYROTECHNIC AND 9,806 9,806 9,806 9,806
DEMOLITION.
014 AMMUNITION LESS THAN $5 2,900 2,900 2,900 2,900
MILLION.
MARINE CORPS AMMUNITION
015 SMALL ARMS AMMUNITION.... 27,958 27,958 27,958 27,958
017 40 MM, ALL TYPES......... 14,758 14,758 14,758 14,758
018 60MM, ALL TYPES.......... 992 992 992 992
020 120MM, ALL TYPES......... 16,757 16,757 12,757 -4,600 12,157
120mm early to need.. [-4,000] [-4,600]
021 GRENADES, ALL TYPES...... 972 972 972 972
022 ROCKETS, ALL TYPES....... 14,186 14,186 14,186 14,186
023 ARTILLERY, ALL TYPES..... 68,656 68,656 68,656 68,656
024 DEMOLITION MUNITIONS, ALL 1,700 1,700 1,700 1,700
TYPES.
025 FUZE, ALL TYPES.......... 26,088 26,088 26,088 26,088
027 AMMO MODERNIZATION....... 14,660 14,660 14,660 14,660
028 ITEMS LESS THAN $5 8,569 8,569 6,069 -2,500 6,069
MILLION.
Early to need........ [-2,500] [-2,500]
TOTAL PROCUREMENT OF 664,368 664,368 657,868 -7,100 657,268
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC MISSILE
SHIPS
001 OHIO REPLACEMENT 773,138 773,138 773,138
SUBMARINE ADVANCE
PROCUREMENT.
Transfer to Title XIV [-773,138]
National Sea-Based
Deterrence Fund.
OTHER WARSHIPS
002 CARRIER REPLACEMENT 1,291,783 1,291,783 1,291,783 1,291,783
PROGRAM.
003 ADVANCE PROCUREMENT 1,370,784 1,370,784 1,370,784 1,370,784
(CY).
004 VIRGINIA CLASS SUBMARINE. 2 3,187,985 2 3,187,985 2 3,187,985 2 3,187,985
005 ADVANCE PROCUREMENT 1,767,234 1,767,234 1,767,234 85,000 1,852,234
(CY).
Long-lead Time [85,000]
Materiel Orders for
Virginia Class.
006 CVN REFUELING OVERHAULS.. 1,743,220 1,743,220 1,743,220 1,743,220
007 ADVANCE PROCUREMENT 248,599 248,599 248,599 248,599
(CY).
008 DDG 1000................. 271,756 271,756 271,756 271,756
009 DDG-51................... 2 3,211,292 2 3,211,292 2 3,261,092 49,800 2 3,261,092
Fund additional FY16 [49,800] [49,800]
destroyer.
011 LITTORAL COMBAT SHIP..... 2 1,125,625 2 1,125,625 2 1,097,625 -28,000 2 1,097,625
Unjustified growth... [-28,000] [-28,000]
AMPHIBIOUS SHIPS
012A AMPHIBIOUS SHIP 440,000 440,000
REPLACEMENT LX(R).
Procurement of LPD-29 [440,000]
or LX (R).
013 AMPHIBIOUS SHIP 50,000
REPLACEMENT LX(R)
ADVANCE PROCUREMENT.
Advanced procurement [50,000]
for LX (R).
016 LHA REPLACEMENT.......... 1 1,623,024 1 1,623,024 1 1,623,024 1 1,623,024
AUXILIARIES, CRAFT AND
PRIOR YR PROGRAM COST
020 ADVANCE PROCUREMENT 73,079 73,079 73,079 73,079
(CY).
022 MOORED TRAINING SHIP..... 1 624,527 1 624,527 1 624,527 1 624,527
025 OUTFITTING............... 666,158 666,158 666,158 -21,104 645,054
Outfitting and post [-21,104]
delivery funds early
to need.
026 SHIP TO SHORE CONNECTOR.. 2 128,067 2 128,067 2 128,067 2 128,067
027 SERVICE CRAFT............ 65,192 65,192 65,192 65,192
028 LCAC SLEP................ 1,774 1,774 1,774 1,774
029 YP CRAFT MAINTENANCE/ROH/ 21,363 21,363 21,363 21,363
SLEP.
030 COMPLETION OF PY 160,274 160,274 160,274 160,274
SHIPBUILDING PROGRAMS.
TOTAL SHIPBUILDING 10 18,354,874 10 17,581,736 10 18,426,674 525,696 10 18,880,570
AND CONVERSION, NAVY.
OTHER PROCUREMENT, NAVY
SHIP PROPULSION EQUIPMENT
003 SURFACE POWER EQUIPMENT.. 15,514 15,514 15,514 15,514
004 HYBRID ELECTRIC DRIVE 40,132 40,132 40,132 -850 39,282
(HED).
Installation early to [-850]
need.
GENERATORS
005 SURFACE COMBATANT HM&E... 29,974 29,974 29,974 29,974
NAVIGATION EQUIPMENT
006 OTHER NAVIGATION 63,942 63,942 63,942 63,942
EQUIPMENT.
OTHER SHIPBOARD EQUIPMENT
008 SUB PERISCOPE, IMAGING 136,421 136,421 136,421 136,421
AND SUPT EQUIP PROG.
009 DDG MOD.................. 367,766 367,766 432,766 367,766
BMD upgrade unfunded [65,000]
requirement.
010 FIREFIGHTING EQUIPMENT... 14,743 14,743 14,743 14,743
011 COMMAND AND CONTROL 2,140 2,140 2,140 2,140
SWITCHBOARD.
012 LHA/LHD MIDLIFE.......... 24,939 24,939 24,939 24,939
014 POLLUTION CONTROL 20,191 20,191 20,191 -849 19,342
EQUIPMENT.
HF062 lightering [-849]
systems unit cost
growth.
015 SUBMARINE SUPPORT 8,995 8,995 8,995 8,995
EQUIPMENT.
016 VIRGINIA CLASS SUPPORT 66,838 66,838 66,838 66,838
EQUIPMENT.
017 LCS CLASS SUPPORT 54,823 54,823 54,823 54,823
EQUIPMENT.
018 SUBMARINE BATTERIES...... 23,359 23,359 23,359 23,359
019 LPD CLASS SUPPORT 40,321 40,321 40,321 40,321
EQUIPMENT.
020 DDG 1000 CLASS SUPPORT 33,404 33,404 33,404 33,404
EQUIPMENT.
021 STRATEGIC PLATFORM 15,836 15,836 15,836 15,836
SUPPORT EQUIP.
022 DSSP EQUIPMENT........... 806 806 806 806
024 LCAC..................... 3,090 3,090 3,090 3,090
025 UNDERWATER EOD PROGRAMS.. 24,350 24,350 24,350 24,350
026 ITEMS LESS THAN $5 88,719 88,719 88,719 -1,820 86,899
MILLION.
LSD boat davit kit [-993]
cost growth.
Propellers and shafts [-827]
unit cost growth.
027 CHEMICAL WARFARE 2,873 2,873 2,873 2,873
DETECTORS.
028 SUBMARINE LIFE SUPPORT 6,043 6,043 6,043 6,043
SYSTEM.
REACTOR PLANT EQUIPMENT
030 REACTOR COMPONENTS....... 342,158 342,158 342,158 342,158
OCEAN ENGINEERING
031 DIVING AND SALVAGE 8,973 8,973 8,973 8,973
EQUIPMENT.
SMALL BOATS
032 STANDARD BOATS........... 43,684 43,684 43,684 43,684
PRODUCTION FACILITIES
EQUIPMENT
034 OPERATING FORCES IPE..... 75,421 75,421 75,421 75,421
OTHER SHIP SUPPORT
035 NUCLEAR ALTERATIONS...... 172,718 172,718 172,718 172,718
036 LCS COMMON MISSION 27,840 17,840 24,140 -10,000 17,840
MODULES EQUIPMENT.
RMMV program [-10,000] [-3,700] [-10,000]
restructure.
037 LCS MCM MISSION MODULES.. 57,146 20,746 57,146 57,146
RMMV program [-36,400]
restructure.
038 LCS ASW MISSION MODULES.. 31,952 21,952 31,952 -10,000 21,952
Early to need........ [-10,000] [-10,000]
039 LCS SUW MISSION MODULES.. 22,466 22,466 22,466 -1,402 21,064
MK-46 gun weapon [-1,402]
system contract
delays.
LOGISTIC SUPPORT
041 LSD MIDLIFE.............. 10,813 10,813 10,813 10,813
SHIP SONARS
042 SPQ-9B RADAR............. 14,363 14,363 14,363 14,363
043 AN/SQQ-89 SURF ASW COMBAT 90,029 90,029 90,029 90,029
SYSTEM.
045 SSN ACOUSTIC EQUIPMENT... 248,765 248,765 248,765 248,765
046 UNDERSEA WARFARE SUPPORT 7,163 7,163 7,163 7,163
EQUIPMENT.
ASW ELECTRONIC EQUIPMENT
048 SUBMARINE ACOUSTIC 21,291 21,291 21,291 21,291
WARFARE SYSTEM.
049 SSTD..................... 6,893 6,893 6,893 6,893
050 FIXED SURVEILLANCE SYSTEM 145,701 145,701 145,701 145,701
051 SURTASS.................. 36,136 36,136 1 46,136 36,136
Additional SURTASS [1] [10,000]
array unfunded
requirement.
ELECTRONIC WARFARE
EQUIPMENT
053 AN/SLQ-32................ 274,892 274,892 1 297,892 -8,251 266,641
Additional SEWIP Blk [1] [23,000]
3 unfunded
requirement.
Block 3 excess [-4,270]
support.
Block 3T excess [-1,000]
support.
Block 3T installation [-2,981]
prior year carryover.
RECONNAISSANCE EQUIPMENT
054 SHIPBOARD IW EXPLOIT..... 170,733 170,733 170,733 170,733
055 AUTOMATED IDENTIFICATION 958 958 958 958
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
057 COOPERATIVE ENGAGEMENT 22,034 22,034 22,034 22,034
CAPABILITY.
059 NAVAL TACTICAL COMMAND 12,336 12,336 12,336 12,336
SUPPORT SYSTEM (NTCSS).
060 ATDLS.................... 30,105 30,105 30,105 30,105
061 NAVY COMMAND AND CONTROL 4,556 4,556 4,556 4,556
SYSTEM (NCCS).
062 MINESWEEPING SYSTEM 56,675 56,675 32,175 -24,477 32,198
REPLACEMENT.
Ahead of need........ [-24,500] [-24,477]
063 SHALLOW WATER MCM........ 8,875 8,875 8,875 8,875
064 NAVSTAR GPS RECEIVERS 12,752 12,752 12,752 12,752
(SPACE).
065 AMERICAN FORCES RADIO AND 4,577 4,577 4,577 4,577
TV SERVICE.
066 STRATEGIC PLATFORM 8,972 8,972 8,972 8,972
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
069 ASHORE ATC EQUIPMENT..... 75,068 75,068 75,068 75,068
070 AFLOAT ATC EQUIPMENT..... 33,484 33,484 33,484 33,484
076 ID SYSTEMS............... 22,177 22,177 22,177 22,177
077 NAVAL MISSION PLANNING 14,273 14,273 14,273 14,273
SYSTEMS.
OTHER SHORE ELECTRONIC
EQUIPMENT
080 TACTICAL/MOBILE C4I 27,927 27,927 27,927 27,927
SYSTEMS.
081 DCGS-N................... 12,676 12,676 12,676 12,676
082 CANES.................... 212,030 212,030 212,030 212,030
083 RADIAC................... 8,092 8,092 8,092 8,092
084 CANES-INTELL............. 36,013 36,013 36,013 36,013
085 GPETE.................... 6,428 6,428 6,428 6,428
087 INTEG COMBAT SYSTEM TEST 8,376 8,376 8,376 8,376
FACILITY.
088 EMI CONTROL 3,971 3,971 3,971 3,971
INSTRUMENTATION.
089 ITEMS LESS THAN $5 58,721 58,721 58,721 58,721
MILLION.
SHIPBOARD COMMUNICATIONS
090 SHIPBOARD TACTICAL 17,366 17,366 17,366 17,366
COMMUNICATIONS.
091 SHIP COMMUNICATIONS 102,479 102,479 102,479 102,479
AUTOMATION.
092 COMMUNICATIONS ITEMS 10,403 10,403 10,403 10,403
UNDER $5M.
SUBMARINE COMMUNICATIONS
093 SUBMARINE BROADCAST 34,151 34,151 34,151 34,151
SUPPORT.
094 SUBMARINE COMMUNICATION 64,529 64,529 64,529 64,529
EQUIPMENT.
SATELLITE COMMUNICATIONS
095 SATELLITE COMMUNICATIONS 14,414 14,414 14,414 14,414
SYSTEMS.
096 NAVY MULTIBAND TERMINAL 38,365 38,365 38,365 38,365
(NMT).
SHORE COMMUNICATIONS
097 JCS COMMUNICATIONS 4,156 4,156 4,156 4,156
EQUIPMENT.
CRYPTOGRAPHIC EQUIPMENT
099 INFO SYSTEMS SECURITY 85,694 85,694 85,694 85,694
PROGRAM (ISSP).
100 MIO INTEL EXPLOITATION 920 920 920 920
TEAM.
CRYPTOLOGIC EQUIPMENT
101 CRYPTOLOGIC 21,098 21,098 21,098 21,098
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC SUPPORT
102 COAST GUARD EQUIPMENT.... 32,291 32,291 32,291 32,291
SONOBUOYS
103 SONOBUOYS--ALL TYPES..... 162,588 162,588 162,588 -3,047 159,541
Excess unit cost [-3,047]
growth.
AIRCRAFT SUPPORT
EQUIPMENT
104 WEAPONS RANGE SUPPORT 58,116 58,116 58,116 58,116
EQUIPMENT.
105 AIRCRAFT SUPPORT 120,324 120,324 120,324 120,324
EQUIPMENT.
106 METEOROLOGICAL EQUIPMENT. 29,253 29,253 29,253 29,253
107 DCRS/DPL................. 632 632 632 632
108 AIRBORNE MINE 29,097 29,097 29,097 29,097
COUNTERMEASURES.
109 AVIATION SUPPORT 39,099 39,099 39,099 39,099
EQUIPMENT.
SHIP GUN SYSTEM EQUIPMENT
110 SHIP GUN SYSTEMS 6,191 6,191 6,191 6,191
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
111 SHIP MISSILE SUPPORT 320,446 310,946 320,446 -9,500 310,946
EQUIPMENT.
Program execution.... [-9,500] [-9,500]
112 TOMAHAWK SUPPORT 71,046 71,046 71,046 71,046
EQUIPMENT.
FBM SUPPORT EQUIPMENT
113 STRATEGIC MISSILE SYSTEMS 215,138 215,138 215,138 215,138
EQUIP.
ASW SUPPORT EQUIPMENT
114 SSN COMBAT CONTROL 130,715 130,715 130,715 130,715
SYSTEMS.
115 ASW SUPPORT EQUIPMENT.... 26,431 26,431 26,431 26,431
OTHER ORDNANCE SUPPORT
EQUIPMENT
116 EXPLOSIVE ORDNANCE 11,821 11,821 11,821 11,821
DISPOSAL EQUIP.
117 ITEMS LESS THAN $5 6,243 6,243 6,243 6,243
MILLION.
OTHER EXPENDABLE ORDNANCE
118 SUBMARINE TRAINING DEVICE 48,020 48,020 48,020 48,020
MODS.
120 SURFACE TRAINING 97,514 97,514 97,514 -2,535 94,979
EQUIPMENT.
Unjustified growth... [-2,535]
CIVIL ENGINEERING SUPPORT
EQUIPMENT
121 PASSENGER CARRYING 8,853 8,853 8,853 8,853
VEHICLES.
122 GENERAL PURPOSE TRUCKS... 4,928 4,928 4,928 4,928
123 CONSTRUCTION & 18,527 18,527 18,527 18,527
MAINTENANCE EQUIP.
124 FIRE FIGHTING EQUIPMENT.. 13,569 13,569 13,569 13,569
125 TACTICAL VEHICLES........ 14,917 14,917 14,917 14,917
126 AMPHIBIOUS EQUIPMENT..... 7,676 7,676 7,676 7,676
127 POLLUTION CONTROL 2,321 2,321 2,321 2,321
EQUIPMENT.
128 ITEMS UNDER $5 MILLION... 12,459 12,459 12,459 12,459
129 PHYSICAL SECURITY 1,095 1,095 1,095 1,095
VEHICLES.
SUPPLY SUPPORT EQUIPMENT
131 SUPPLY EQUIPMENT......... 16,023 16,023 16,023 16,023
133 FIRST DESTINATION 5,115 5,115 5,115 5,115
TRANSPORTATION.
134 SPECIAL PURPOSE SUPPLY 295,471 295,471 295,471 295,471
SYSTEMS.
TRAINING DEVICES
136 TRAINING AND EDUCATION 9,504 9,504 9,504 9,504
EQUIPMENT.
COMMAND SUPPORT EQUIPMENT
137 COMMAND SUPPORT EQUIPMENT 37,180 37,180 37,180 -7,200 29,980
CNIC building control [-7,200]
systems unjustified
request.
139 MEDICAL SUPPORT EQUIPMENT 4,128 4,128 4,128 4,128
141 NAVAL MIP SUPPORT 1,925 1,925 1,925 1,925
EQUIPMENT.
142 OPERATING FORCES SUPPORT 4,777 4,777 4,777 4,777
EQUIPMENT.
143 C4ISR EQUIPMENT.......... 9,073 9,073 9,073 9,073
144 ENVIRONMENTAL SUPPORT 21,107 21,107 21,107 21,107
EQUIPMENT.
145 PHYSICAL SECURITY 100,906 100,906 100,906 100,906
EQUIPMENT.
146 ENTERPRISE INFORMATION 67,544 67,544 67,544 67,544
TECHNOLOGY.
OTHER
150 NEXT GENERATION 98,216 98,216 98,216 98,216
ENTERPRISE SERVICE.
CLASSIFIED PROGRAMS
150A CLASSIFIED PROGRAMS...... 9,915 9,915 9,915 9,915
SPARES AND REPAIR PARTS
151 SPARES AND REPAIR PARTS.. 199,660 199,660 199,660 199,660
TOTAL OTHER 6,338,861 6,272,961 2 6,408,661 -79,931 6,258,930
PROCUREMENT, NAVY.
PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
001 AAV7A1 PIP............... 73,785 73,785 73,785 -2,000 71,785
Production [-2,000]
engineering support
excess growth.
002 LAV PIP.................. 53,423 53,423 53,423 53,423
ARTILLERY AND OTHER
WEAPONS
003 EXPEDITIONARY FIRE 3,360 3,360 3,360 3,360
SUPPORT SYSTEM.
004 155MM LIGHTWEIGHT TOWED 3,318 3,318 3,318 3,318
HOWITZER.
005 HIGH MOBILITY ARTILLERY 33,725 33,725 33,725 33,725
ROCKET SYSTEM.
006 WEAPONS AND COMBAT 8,181 8,181 8,181 8,181
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS........ 15,250 15,250 15,250 15,250
GUIDED MISSILES
009 GROUND BASED AIR DEFENSE. 9,170 9,170 9,170 9,170
010 JAVELIN.................. 1,009 1,009 1,009 1,009
011 FOLLOW ON TO SMAW........ 24,666 24,666 24,666 24,666
012 ANTI-ARMOR WEAPONS SYSTEM- 17,080 17,080 17,080 17,080
HEAVY (AAWS-H).
COMMAND AND CONTROL
SYSTEMS
015 COMMON AVIATION COMMAND 47,312 47,312 47,312 47,312
AND CONTROL SYSTEM (C.
REPAIR AND TEST EQUIPMENT
016 REPAIR AND TEST EQUIPMENT 16,469 16,469 16,469 16,469
COMMAND AND CONTROL
SYSTEM (NON-TEL)
019 ITEMS UNDER $5 MILLION 7,433 7,433 7,433 7,433
(COMM & ELEC).
020 AIR OPERATIONS C2 SYSTEMS 15,917 15,917 15,917 15,917
RADAR + EQUIPMENT (NON-
TEL)
021 RADAR SYSTEMS............ 17,772 17,772 17,772 17,772
022 GROUND/AIR TASK ORIENTED 3 123,758 3 123,758 3 123,758 3 123,758
RADAR (G/ATOR).
023 RQ-21 UAS................ 4 80,217 4 80,217 4 80,217 4 80,217
INTELL/COMM EQUIPMENT
(NON-TEL)
024 GCSS-MC.................. 1,089 1,089 1,089 1,089
025 FIRE SUPPORT SYSTEM...... 13,258 13,258 13,258 13,258
026 INTELLIGENCE SUPPORT 56,379 56,379 56,379 56,379
EQUIPMENT.
029 RQ-11 UAV................ 1,976 1,976 1,976 1,976
031 DCGS-MC.................. 1,149 1,149 1,149 1,149
032 UAS PAYLOADS............. 2,971 2,971 2,971 2,971
OTHER SUPPORT (NON-TEL)
034 NEXT GENERATION 76,302 76,302 76,302 76,302
ENTERPRISE NETWORK
(NGEN).
035 COMMON COMPUTER RESOURCES 41,802 41,802 41,802 -2,325 39,477
Prior year carryover. [-2,325]
036 COMMAND POST SYSTEMS..... 90,924 90,924 90,924 90,924
037 RADIO SYSTEMS............ 43,714 43,714 43,714 43,714
038 COMM SWITCHING & CONTROL 66,383 66,383 66,383 66,383
SYSTEMS.
039 COMM & ELEC 30,229 30,229 30,229 30,229
INFRASTRUCTURE SUPPORT.
CLASSIFIED PROGRAMS
039A CLASSIFIED PROGRAMS...... 2,738 2,738 2,738 2,738
ADMINISTRATIVE VEHICLES
041 COMMERCIAL CARGO VEHICLES 88,312 88,312 88,312 88,312
TACTICAL VEHICLES
043 MOTOR TRANSPORT 13,292 13,292 13,292 13,292
MODIFICATIONS.
045 JOINT LIGHT TACTICAL 192 113,230 192 113,230 192 113,230 192 113,230
VEHICLE.
046 FAMILY OF TACTICAL 2,691 2,691 2,691 2,691
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
048 ENVIRONMENTAL CONTROL 18 18 18 18
EQUIP ASSORT.
050 TACTICAL FUEL SYSTEMS.... 78 78 78 78
051 POWER EQUIPMENT ASSORTED. 17,973 17,973 17,973 17,973
052 AMPHIBIOUS SUPPORT 7,371 7,371 7,371 7,371
EQUIPMENT.
053 EOD SYSTEMS.............. 14,021 14,021 14,021 14,021
MATERIALS HANDLING
EQUIPMENT
054 PHYSICAL SECURITY 31,523 31,523 31,523 31,523
EQUIPMENT.
GENERAL PROPERTY
058 TRAINING DEVICES......... 33,658 33,658 33,658 33,658
060 FAMILY OF CONSTRUCTION 21,315 21,315 21,315 21,315
EQUIPMENT.
061 FAMILY OF INTERNALLY 9,654 9,654 9,654 9,654
TRANSPORTABLE VEH (ITV).
OTHER SUPPORT
062 ITEMS LESS THAN $5 6,026 6,026 6,026 6,026
MILLION.
SPARES AND REPAIR PARTS
064 SPARES AND REPAIR PARTS.. 22,848 22,848 22,848 22,848
TOTAL PROCUREMENT, 199 1,362,769 199 1,362,769 199 1,362,769 -4,325 199 1,358,444
MARINE CORPS.
AIRCRAFT PROCUREMENT, AIR
FORCE
TACTICAL FORCES
001 F-35..................... 43 4,401,894 43 4,401,894 43 4,401,894 -213,000 43 4,188,894
Program efficiencies. [-213,000]
002 ADVANCE PROCUREMENT 404,500 404,500 404,500 404,500
(CY).
TACTICAL AIRLIFT
003 KC-46A TANKER............ 15 2,884,591 15 2,884,591 15 2,884,591 15 2,884,591
OTHER AIRLIFT
004 C-130J................... 2 145,655 2 145,655 2 145,655 2 145,655
006 HC-130J.................. 4 317,576 4 317,576 4 317,576 4 317,576
007 ADVANCE PROCUREMENT 20,000 20,000 20,000 20,000
(CY).
008 MC-130J.................. 6 548,358 6 548,358 6 548,358 6 548,358
009 ADVANCE PROCUREMENT 50,000 50,000 50,000 50,000
(CY).
HELICOPTERS
010 UH-1N REPLACEMENT........ 18,337 18,337 8 320,637 18,337
HH-60 Blackhawks, [8] [302,300]
initial spares, and
support equipment.
MISSION SUPPORT AIRCRAFT
012 CIVIL AIR PATROL A/C..... 6 2,637 6 2,637 6 2,637 6 2,637
OTHER AIRCRAFT
013 TARGET DRONES............ 41 114,656 41 114,656 41 114,656 41 114,656
014 RQ-4..................... 12,966 12,966 12,966 12,966
015 MQ-9..................... 122,522 122,522 35,522 122,522
Air Force requested [-87,000]
realignment.
STRATEGIC AIRCRAFT
016 B-2A..................... 46,729 46,729 46,729 46,729
017 B-1B..................... 116,319 116,319 116,319 116,319
018 B-52..................... 109,020 109,020 109,020 109,020
TACTICAL AIRCRAFT
020 A-10..................... 1,289 1,289 1,289 1,289
021 F-15..................... 105,685 105,685 105,685 105,685
022 F-16..................... 97,331 97,331 185,631 17,000 114,331
Active missile [12,000] [12,000]
warning system.
Anti-jam global [5,000] [5,000]
positioning system
(GPS) upgrade.
Digital radar warning [23,000]
system.
Multi-mission [48,300]
computer and MIDS-
JTRS.
023 F-22A.................... 163,008 163,008 163,008 163,008
024 F-35 MODIFICATIONS....... 175,811 175,811 175,811 175,811
025 INCREMENT 3.2B........... 76,410 76,410 76,410 76,410
026 ADVANCE PROCUREMENT 2,000 2,000 2,000 2,000
(CY).
AIRLIFT AIRCRAFT
027 C-5...................... 24,192 24,192 24,192 24,192
029 C-17A.................... 21,555 21,555 21,555 21,555
030 C-21..................... 5,439 5,439 5,439 5,439
031 C-32A.................... 35,235 35,235 35,235 35,235
032 C-37A.................... 5,004 5,004 5,004 5,004
TRAINER AIRCRAFT
033 GLIDER MODS.............. 394 394 394 394
034 T-6...................... 12,765 12,765 12,765 12,765
035 T-1...................... 25,073 25,073 25,073 -8,000 17,073
Production schedule [-8,000]
slip.
036 T-38..................... 45,090 45,090 45,090 45,090
OTHER AIRCRAFT
037 U-2 MODS................. 36,074 36,074 36,074 36,074
038 KC-10A (ATCA)............ 4,570 4,570 4,570 4,570
039 C-12..................... 1,995 1,995 1,995 1,995
040 VC-25A MOD............... 102,670 102,670 102,670 102,670
041 C-40..................... 13,984 13,984 13,984 13,984
042 C-130.................... 9,168 50 81,668 9,168 50 72,500 50 81,668
8-Bladed Propellers.. [16,000] [16,000]
Electronic Propeller [13,500] [13,500]
Control Systems.
In-flight Propeller [1,500] [1,500]
Balancing System
Certification.
T56 3.5 Engine [50] [41,500] [50] [41,500]
Upgrade Kits.
043 C-130J MODS.............. 89,424 89,424 89,424 89,424
044 C-135.................... 64,161 64,161 64,161 64,161
045 COMPASS CALL MODS........ 130,257 59,857 155,857 -70,400 59,857
Air Force requested [25,600]
realignment from
Initial Spares.
Compass Call Program [-70,400] [-70,400]
Restructure.
046 RC-135................... 211,438 211,438 211,438 211,438
047 E-3...................... 82,786 82,786 82,786 82,786
048 E-4...................... 53,348 53,348 53,348 53,348
049 E-8...................... 6,244 6,244 6,244 6,244
050 AIRBORNE WARNING AND 223,427 223,427 223,427 223,427
CONTROL SYSTEM.
051 FAMILY OF BEYOND LINE-OF- 3 4,673 3 4,673 3 4,673 3 4,673
SIGHT TERMINALS.
052 H-1...................... 9,007 9,007 9,007 9,007
054 H-60..................... 91,357 91,357 91,357 91,357
055 RQ-4 MODS................ 32,045 32,045 32,045 32,045
056 HC/MC-130 MODIFICATIONS.. 30,767 30,767 30,767 30,767
057 OTHER AIRCRAFT........... 33,886 33,886 33,886 33,886
059 MQ-9 MODS................ 141,929 141,929 141,929 141,929
060 CV-22 MODS............... 63,395 63,395 63,395 63,395
AIRCRAFT SPARES AND
REPAIR PARTS
061 INITIAL SPARES/REPAIR 686,491 673,291 747,891 -13,200 673,291
PARTS.
Air Force requested [-25,600]
realignment.
Air Force requested [87,000]
realignment from MQ-9.
Compass Call Program [-13,200] [-13,200]
Restructure.
COMMON SUPPORT EQUIPMENT
062 AIRCRAFT REPLACEMENT 121,935 121,935 121,935 121,935
SUPPORT EQUIP.
POST PRODUCTION SUPPORT
063 B-2A..................... 154 154 154 154
064 B-2A..................... 43,330 43,330 43,330 43,330
065 B-52..................... 28,125 28,125 28,125 28,125
066 C-17A.................... 23,559 23,559 23,559 23,559
069 F-15..................... 2,980 2,980 2,980 2,980
070 F-16..................... 15,155 39,955 15,155 24,800 39,955
Additional mission [24,800] [24,800]
trainers.
071 F-22A.................... 48,505 48,505 48,505 48,505
074 RQ-4 POST PRODUCTION 99 99 99 99
CHARGES.
INDUSTRIAL PREPAREDNESS
075 INDUSTRIAL RESPONSIVENESS 14,126 14,126 14,126 14,126
WAR CONSUMABLES
076 WAR CONSUMABLES.......... 120,036 120,036 120,036 120,036
OTHER PRODUCTION CHARGES
077 OTHER PRODUCTION CHARGES. 1,252,824 1,252,824 1,252,824 1,252,824
CLASSIFIED PROGRAMS
077A CLASSIFIED PROGRAMS...... 16,952 16,952 16,952 103,000 119,952
Compass Call Program [103,000]
Restructure.
TOTAL AIRCRAFT 120 13,922,917 170 13,936,617 128 14,313,517 50 -87,300 170 13,835,617
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT, AIR
FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT EQ- 70,247 70,247 70,247 70,247
BALLISTIC.
TACTICAL
002 JOINT AIR-SURFACE 360 431,645 360 431,645 360 431,645 360 431,645
STANDOFF MISSILE.
003 LRASM0................... 20 59,511 20 59,511 20 59,511 20 59,511
004 SIDEWINDER (AIM-9X)...... 287 127,438 287 127,438 287 127,438 287 127,438
005 AMRAAM................... 256 350,144 256 350,144 256 350,144 -10,752 256 339,392
Pricing adjustment... [-10,752]
006 PREDATOR HELLFIRE MISSILE 284 33,955 284 33,955 284 33,955 284 33,955
007 SMALL DIAMETER BOMB...... 312 92,361 312 92,361 312 92,361 312 92,361
INDUSTRIAL FACILITIES
008 INDUSTR'L PREPAREDNS/POL 977 977 977 977
PREVENTION.
CLASS IV
009 ICBM FUZE MOD............ 17,095 17,095 17,095 17,095
010 MM III MODIFICATIONS..... 68,692 68,692 68,692 68,692
011 AGM-65D MAVERICK......... 282 282 282 282
013 AIR LAUNCH CRUISE MISSILE 21,762 21,762 21,762 21,762
(ALCM).
014 SMALL DIAMETER BOMB...... 15,349 15,349 15,349 15,349
MISSILE SPARES AND REPAIR
PARTS
015 INITIAL SPARES/REPAIR 81,607 81,607 81,607 81,607
PARTS.
SPECIAL PROGRAMS
030 SPECIAL UPDATE PROGRAMS.. 46,125 46,125 46,125 46,125
CLASSIFIED PROGRAMS
030A CLASSIFIED PROGRAMS...... 1,009,431 1,009,431 1,009,431 1,009,431
TOTAL MISSILE 1,519 2,426,621 1,519 2,426,621 1,519 2,426,621 -10,752 1,519 2,415,869
PROCUREMENT, AIR
FORCE.
SPACE PROCUREMENT, AIR
FORCE
SPACE PROGRAMS
001 ADVANCED EHF............. 645,569 645,569 645,569 645,569
002 AF SATELLITE COMM SYSTEM. 42,375 42,375 42,375 42,375
003 COUNTERSPACE SYSTEMS..... 26,984 26,984 26,984 26,984
004 FAMILY OF BEYOND LINE-OF- 16 88,963 16 88,963 16 88,963 16 88,963
SIGHT TERMINALS.
005 WIDEBAND GAPFILLER 86,272 116,272 86,272 86,272
SATELLITES(SPACE).
Pilot Program........ [30,000]
006 GPS III SPACE SEGMENT.... 34,059 34,059 34,059 34,059
007 GLOBAL POSTIONING (SPACE) 2,169 2,169 2,169 2,169
008 SPACEBORNE EQUIP (COMSEC) 46,708 46,708 46,708 46,708
009 GLOBAL POSITIONING 13,171 10,271 13,171 -2,900 10,271
(SPACE).
Excess to Need....... [-2,900] [-2,900]
010 MILSATCOM................ 41,799 41,799 41,799 41,799
011 EVOLVED EXPENDABLE LAUNCH 768,586 768,586 768,586 -26,000 742,586
CAPABILITY.
Early to need........ [-26,000]
012 EVOLVED EXPENDABLE LAUNCH 5 737,853 5 737,853 5 737,853 -201,000 5 536,853
VEH(SPACE).
Early to need........ [-201,000]
013 SBIR HIGH (SPACE)........ 362,504 362,504 362,504 362,504
014 NUDET DETECTION SYSTEM... 4,395 4,395 4,395 4,395
015 SPACE MODS............... 8,642 8,642 8,642 8,642
016 SPACELIFT RANGE SYSTEM 123,088 123,088 123,088 123,088
SPACE.
SSPARES
017 INITIAL SPARES/REPAIR 22,606 22,606 22,606 22,606
PARTS.
TOTAL SPACE 21 3,055,743 21 3,082,843 21 3,055,743 -229,900 21 2,825,843
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR FORCE
ROCKETS
001 ROCKETS.................. 18,734 18,734 18,734 18,734
CARTRIDGES
002 CARTRIDGES............... 220,237 220,237 220,237 220,237
BOMBS
003 PRACTICE BOMBS........... 97,106 97,106 97,106 97,106
004 GENERAL PURPOSE BOMBS.... 581,561 581,561 581,561 581,561
005 MASSIVE ORDNANCE 3,600 3,600 3,600 3,600
PENETRATOR (MOP).
006 JOINT DIRECT ATTACK 12,133 303,988 12,133 303,988 12,133 303,988 -6,000 12,133 297,988
MUNITION.
Pricing adjustment [-6,000]
for increased
quantity.
OTHER ITEMS
007 CAD/PAD.................. 38,890 38,890 38,890 38,890
008 EXPLOSIVE ORDNANCE 5,714 5,714 5,714 5,714
DISPOSAL (EOD).
009 SPARES AND REPAIR PARTS.. 740 740 740 740
010 MODIFICATIONS............ 573 573 573 573
011 ITEMS LESS THAN $5 5,156 5,156 5,156 5,156
MILLION.
FLARES
012 FLARES................... 134,709 134,709 134,709 134,709
FUZES
013 FUZES.................... 229,252 229,252 229,252 229,252
SMALL ARMS
014 SMALL ARMS............... 37,459 37,459 37,459 37,459
TOTAL PROCUREMENT OF 12,133 1,677,719 12,133 1,677,719 12,133 1,677,719 -6,000 12,133 1,671,719
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT, AIR
FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 14,437 14,437 14,437 14,437
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL VEHICLE.. 24,812 24,812 24,812 24,812
003 CAP VEHICLES............. 984 984 984 984
004 ITEMS LESS THAN $5 11,191 11,191 11,191 11,191
MILLION.
SPECIAL PURPOSE VEHICLES
005 SECURITY AND TACTICAL 5,361 5,361 5,361 5,361
VEHICLES.
006 ITEMS LESS THAN $5 4,623 4,623 4,623 4,623
MILLION.
FIRE FIGHTING EQUIPMENT
007 FIRE FIGHTING/CRASH 12,451 7,451 12,451 12,451
RESCUE VEHICLES.
Program reduction.... [-5,000]
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAN $5 18,114 18,114 18,114 18,114
MILLION.
BASE MAINTENANCE SUPPORT
009 RUNWAY SNOW REMOV & 2,310 2,310 2,310 2,310
CLEANING EQUIP.
010 ITEMS LESS THAN $5 46,868 46,868 46,868 46,868
MILLION.
COMM SECURITY
EQUIPMENT(COMSEC)
012 COMSEC EQUIPMENT......... 72,359 72,359 72,359 72,359
INTELLIGENCE PROGRAMS
014 INTELLIGENCE TRAINING 6,982 6,982 6,982 6,982
EQUIPMENT.
015 INTELLIGENCE COMM 30,504 30,504 35,604 30,504
EQUIPMENT.
Air Force requested [5,100]
realignment from
AFNET.
ELECTRONICS PROGRAMS
016 AIR TRAFFIC CONTROL & 55,803 55,803 55,803 55,803
LANDING SYS.
017 NATIONAL AIRSPACE SYSTEM. 2,673 2,673 2,673 2,673
018 BATTLE CONTROL SYSTEM-- 5,677 5,677 5,677 5,677
FIXED.
019 THEATER AIR CONTROL SYS 1,163 1,163 1,163 1,163
IMPROVEMENTS.
020 WEATHER OBSERVATION 21,667 21,667 21,667 21,667
FORECAST.
021 STRATEGIC COMMAND AND 39,803 39,803 39,803 39,803
CONTROL.
022 CHEYENNE MOUNTAIN COMPLEX 24,618 24,618 24,618 24,618
023 MISSION PLANNING SYSTEMS. 15,868 15,868 15,868 15,868
025 INTEGRATED STRAT PLAN & 9,331 9,331 9,331 9,331
ANALY NETWORK (ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
026 GENERAL INFORMATION 41,779 41,779 41,779 41,779
TECHNOLOGY.
027 AF GLOBAL COMMAND & 15,729 15,729 15,729 15,729
CONTROL SYS.
028 MOBILITY COMMAND AND 9,814 9,814 9,814 9,814
CONTROL.
029 AIR FORCE PHYSICAL 99,460 99,460 99,460 99,460
SECURITY SYSTEM.
030 COMBAT TRAINING RANGES... 34,850 34,850 34,850 34,850
031 MINIMUM ESSENTIAL 198,925 198,925 198,925 198,925
EMERGENCY COMM N.
032 WIDE AREA SURVEILLANCE 6,943 6,943 6,943 6,943
(WAS).
033 C3 COUNTERMEASURES....... 19,580 19,580 19,580 19,580
034 GCSS-AF FOS.............. 1,743 1,743 1,743 1,743
036 THEATER BATTLE MGT C2 9,659 9,659 9,659 9,659
SYSTEM.
037 AIR & SPACE OPERATIONS 15,474 15,474 15,474 15,474
CTR-WPN SYS.
038 AIR OPERATIONS CENTER 30,623 30,623 30,623 -15,300 15,323
(AOC) 10.2.
Fielding............. [-15,300]
AIR FORCE COMMUNICATIONS
039 INFORMATION TRANSPORT 40,043 40,043 40,043 40,043
SYSTEMS.
040 AFNET.................... 146,897 146,897 141,797 146,897
Air Force requested [-5,100]
realignment.
041 JOINT COMMUNICATIONS 5,182 5,182 5,182 5,182
SUPPORT ELEMENT (JCSE).
042 USCENTCOM................ 13,418 13,418 13,418 13,418
ORGANIZATION AND BASE
052 TACTICAL C-E EQUIPMENT... 109,836 109,836 109,836 109,836
053 RADIO EQUIPMENT.......... 16,266 16,266 16,266 16,266
054 CCTV/AUDIOVISUAL 7,449 7,449 7,449 7,449
EQUIPMENT.
055 BASE COMM INFRASTRUCTURE. 109,215 109,215 109,215 109,215
MODIFICATIONS
056 COMM ELECT MODS.......... 65,700 65,700 65,700 65,700
PERSONAL SAFETY & RESCUE
EQUIP
058 ITEMS LESS THAN $5 54,416 54,416 54,416 54,416
MILLION.
DEPOT PLANT+MTRLS
HANDLING EQ
059 MECHANIZED MATERIAL 7,344 7,344 7,344 7,344
HANDLING EQUIP.
BASE SUPPORT EQUIPMENT
060 BASE PROCURED EQUIPMENT.. 6,852 11,852 6,852 6,852
Program increase..... [5,000]
063 MOBILITY EQUIPMENT....... 8,146 8,146 8,146 8,146
064 ITEMS LESS THAN $5 28,427 28,427 28,427 28,427
MILLION.
SPECIAL SUPPORT PROJECTS
066 DARP RC135............... 25,287 25,287 25,287 25,287
067 DCGS-AF.................. 169,201 169,201 169,201 169,201
069 SPECIAL UPDATE PROGRAM... 576,710 576,710 576,710 576,710
CLASSIFIED PROGRAMS
070A CLASSIFIED PROGRAMS...... 15,119,705 15,119,705 15,119,705 15,119,705
SPARES AND REPAIR PARTS
072 SPARES AND REPAIR PARTS.. 15,784 15,784 15,784 15,784
TOTAL OTHER 17,438,056 17,438,056 17,438,056 -15,300 17,422,756
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, WHS
037 MAJOR EQUIPMENT, OSD..... 39 29,211 39 29,211 39 6,111 39 29,211
Mentor Protege.
MAJOR EQUIPMENT, NSA
036 INFORMATION SYSTEMS 4,399 4,399 4,399 4,399
SECURITY PROGRAM (ISSP).
MAJOR EQUIPMENT, WHS
040 MAJOR EQUIPMENT, WHS..... 24,979 24,979 24,979 24,979
MAJOR EQUIPMENT, DISA
006 INFORMATION SYSTEMS 21,347 21,347 21,347 21,347
SECURITY.
007 TELEPORT PROGRAM......... 50,597 50,597 50,597 50,597
008 ITEMS LESS THAN $5 10,420 10,420 10,420 10,420
MILLION.
009 NET CENTRIC ENTERPRISE 1,634 1,634 1,634 1,634
SERVICES (NCES).
010 DEFENSE INFORMATION 87,235 87,235 87,235 87,235
SYSTEM NETWORK.
011 CYBER SECURITY INITIATIVE 4,528 4,528 4,528 4,528
012 WHITE HOUSE COMMUNICATION 36,846 36,846 36,846 36,846
AGENCY.
013 SENIOR LEADERSHIP 599,391 599,391 599,391 599,391
ENTERPRISE.
015 JOINT REGIONAL SECURITY 150,221 150,221 150,221 150,221
STACKS (JRSS).
MAJOR EQUIPMENT, DLA
017 MAJOR EQUIPMENT.......... 2,055 2,055 2,055 2,055
MAJOR EQUIPMENT, DSS
020 MAJOR EQUIPMENT.......... 1,057 1,057 1,057 1,057
MAJOR EQUIPMENT, DCAA
001 ITEMS LESS THAN $5 2,964 2,964 2,964 2,964
MILLION.
MAJOR EQUIPMENT, TJS
038 MAJOR EQUIPMENT, TJS..... 7,988 7,988 7,988 7,988
MAJOR EQUIPMENT, MISSILE
DEFENSE AGENCY
023 THAAD.................... 24 369,608 24 369,608 24 369,608 24 369,608
024 AEGIS BMD................ 35 463,801 35 528,801 35 463,801 65,000 35 528,801
Increasing BMD [65,000] [65,000]
capability for Aegis
Ships.
025 BMDS AN/TPY-2 RADARS..... 5,503 5,503 5,503 5,503
026 ARROW UPPER TIER......... 120,000 120,000 120,000
Increase for Arrow 3 [120,000] [120,000]
Coproduction subject
to Title XVI.
027 DAVID'S SLING............ 150,000 150,000 150,000
Increase for DSWS [150,000] [150,000]
Coproduction subject
to Title XVI.
028 AEGIS ASHORE PHASE III... 57,493 82,493 57,493 57,493
Classified adjustment [25,000]
029 IRON DOME................ 42,000 62,000 42,000 20,000 62,000
Increase for [20,000] [20,000]
Coproduction of Iron
Dome Tamir
Interceptors subject
to Title XVI.
030 AEGIS BMD HARDWARE AND 6 50,098 6 50,098 6 50,098 6 50,098
SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL ADMINISTRATION. 14,232 14,232 14,232 14,232
MAJOR EQUIPMENT, DEFENSE
THREAT REDUCTION AGENCY
021 VEHICLES................. 200 200 200 200
022 OTHER MAJOR EQUIPMENT.... 6,437 6,437 6,437 6,437
MAJOR EQUIPMENT, DODEA
019 AUTOMATION/EDUCATIONAL 288 288 288 288
SUPPORT & LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT.......... 92 92 92 92
MAJOR EQUIPMENT, DMACT
018 MAJOR EQUIPMENT.......... 4 8,060 4 8,060 4 8,060 4 8,060
CLASSIFIED PROGRAMS
040A CLASSIFIED PROGRAMS...... 568,864 568,864 568,864 568,864
AVIATION PROGRAMS
042 ROTARY WING UPGRADES AND 150,396 168,996 168,996 150,396
SUSTAINMENT.
Program increase..... [18,600] [18,600]
043 UNMANNED ISR............. 21,190 21,190 21,190 21,190
045 NON-STANDARD AVIATION.... 4,905 4,905 4,905 4,905
046 U-28..................... 3,970 3,970 3,970 3,970
047 MH-47 CHINOOK............ 25,022 25,022 25,022 25,022
049 CV-22 MODIFICATION....... 19,008 19,008 19,008 19,008
051 MQ-9 UNMANNED AERIAL 10,598 10,598 25,398 10,598
VEHICLE.
MQ-9 capability [14,800]
enhancements.
053 PRECISION STRIKE PACKAGE. 213,122 213,122 200,022 -13,050 200,072
SOCOM requested [-13,100] [-13,050]
transfer.
054 AC/MC-130J............... 73,548 85,648 86,648 13,050 86,598
SOCOM requested [12,100] [13,100] [13,050]
transfer.
055 C-130 MODIFICATIONS...... 32,970 32,970 32,970 32,970
SHIPBUILDING
056 UNDERWATER SYSTEMS....... 37,098 37,098 37,098 37,098
AMMUNITION PROGRAMS
057 ORDNANCE ITEMS <$5M...... 105,267 105,267 105,267 105,267
OTHER PROCUREMENT
PROGRAMS
058 INTELLIGENCE SYSTEMS..... 79,963 79,963 79,963 79,963
059 DISTRIBUTED COMMON GROUND/ 13,432 13,432 13,432 13,432
SURFACE SYSTEMS.
060 OTHER ITEMS <$5M......... 66,436 66,436 66,436 66,436
061 COMBATANT CRAFT SYSTEMS.. 55,820 55,820 55,820 55,820
062 SPECIAL PROGRAMS......... 107,432 107,432 107,432 107,432
063 TACTICAL VEHICLES........ 67,849 67,849 67,849 67,849
064 WARRIOR SYSTEMS <$5M..... 245,781 245,781 245,781 245,781
065 COMBAT MISSION 19,566 19,566 19,566 19,566
REQUIREMENTS.
066 GLOBAL VIDEO SURVEILLANCE 3,437 3,437 3,437 3,437
ACTIVITIES.
067 OPERATIONAL ENHANCEMENTS 17,299 17,299 17,299 17,299
INTELLIGENCE.
069 OPERATIONAL ENHANCEMENTS. 219,945 219,945 219,945 219,945
CBDP
070 CHEMICAL BIOLOGICAL 148,203 148,203 148,203 148,203
SITUATIONAL AWARENESS.
071 CB PROTECTION & HAZARD 161,113 161,113 161,113 161,113
MITIGATION.
TOTAL PROCUREMENT, 108 4,524,918 108 4,935,618 108 4,535,218 355,000 108 4,879,918
DEFENSE-WIDE.
JOINT URGENT OPERATIONAL
NEEDS FUND
JOINT URGENT OPERATIONAL
NEEDS FUND
001 JOINT URGENT OPERATIONAL 99,300 99,300 -99,300
NEEDS FUND.
Program decrease..... [-99,300] [-99,300]
TOTAL JOINT URGENT 99,300 99,300 -99,300
OPERATIONAL NEEDS
FUND.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
007 MISCELLANEOUS EQUIPMENT.. 250,000 250,000 250,000
Program increase..... [250,000] [250,000]
TOTAL NATIONAL GUARD 250,000 250,000 250,000
AND RESERVE
EQUIPMENT.
TOTAL PROCUREMENT... 27,441 101,971,592 27,491 103,124,709 27,547 102,434,976 50 451,068 27,491 102,422,660
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized
Line Item -----------------------------------------------------------------------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
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AIRCRAFT PROCUREMENT,
ARMY
MODIFICATION OF AIRCRAFT
015 MULTI SENSOR ABN RECON 21,400 21,400 21,400 21,400
(MIP).
020 EMARSS SEMA MODS (MIP)... 2 42,700 2 42,700 2 42,700 2 42,700
026 RQ-7 UAV MODS............ 1,775 1,775 1,775 1,775
027 UAS MODS................. 4,420 4,420 4,420
Realign APS Unit Set [-4,420]
Requirements to Base.
GROUND SUPPORT AVIONICS
030 CMWS..................... 56,115 56,115 56,115 56,115
031 CIRCM.................... 108,721 108,721 108,721 108,721
TOTAL AIRCRAFT 2 235,131 2 230,711 2 235,131 2 235,131
PROCUREMENT, ARMY.
MISSILE PROCUREMENT, ARMY
AIR-TO-SURFACE MISSILE
SYSTEM
004 HELLFIRE SYS SUMMARY..... 2,570 305,830 2,570 305,830 2,570 305,830 2,570 305,830
ANTI-TANK/ASSAULT MISSILE
SYS
007 JAVELIN (AAWS-M) SYSTEM 83 15,567 83 83 15,567 83 15,567
SUMMARY.
Realign APS Unit Set [-15,567]
Requirements to Base.
008 TOW 2 SYSTEM SUMMARY..... 815 80,652 815 815 80,652 815 80,652
Realign APS Unit Set [-80,652]
Requirements to Base.
010 GUIDED MLRS ROCKET 698 75,991 698 698 75,991 698 75,991
(GMLRS).
Realign APS Unit Set [-75,991]
Requirements to Base.
012 LETHAL MINIATURE AERIAL 545 51,277 545 51,277 545 51,277 545 51,277
MISSILE SYSTEM (LMAMS.
TOTAL MISSILE 4,711 529,317 4,711 357,107 4,711 529,317 4,711 529,317
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
MODIFICATION OF TRACKED
COMBAT VEHICLES
007 PALADIN INTEGRATED 12 125,184 12 12 125,184 12 125,184
MANAGEMENT (PIM).
Realign APS Unit Set [-125,184]
Requirements to Base.
009 ASSAULT BRIDGE (MOD)..... 5,950 5,950 5,950
Realign APS Unit Set [-5,950]
Requirements to Base.
014 ABRAMS UPGRADE PROGRAM... 72,000 72,000
Army requested [172,200] [172,000]
realignment (ERI).
Realign APS Unit Set [-172,200] [-100,000]
Requirements to Base.
WEAPONS & OTHER COMBAT
VEHICLES
017 MORTAR SYSTEMS........... 22,410 22,410 22,410 22,410
SUPPORT EQUIPMENT &
FACILITIES
036 BRADLEY PROGRAM.......... 72,800 72,800
Army requested [72,800] [72,800]
realignment (ERI).
Realign APS Unit Set [-72,800]
Requirements to Base.
TOTAL PROCUREMENT OF 12 153,544 12 22,410 12 153,544 144,800 12 298,344
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
002 CTG, 7.62MM, ALL TYPES... 9,642 9,642 9,642
Realign APS Unit Set [-9,642]
Requirements to Base.
004 CTG, .50 CAL, ALL TYPES.. 6,607 609 6,607 6,607
Realign APS Unit Set [-5,998]
Requirements to Base.
005 CTG, 20MM, ALL TYPES..... 1,077 1,077 1,077
Realign APS Unit Set [-1,077]
Requirements to Base.
006 CTG, 25MM, ALL TYPES..... 28,534 28,534 28,534
Realign APS Unit Set [-28,534]
Requirements to Base.
007 CTG, 30MM, ALL TYPES..... 20,000 20,000 20,000 20,000
008 CTG, 40MM, ALL TYPES..... 7,423 7,423 7,423
Realign APS Unit Set [-7,423]
Requirements to Base.
MORTAR AMMUNITION
009 60MM MORTAR, ALL TYPES... 10,000 10,000 10,000 10,000
010 81MM MORTAR, ALL TYPES... 2,677 2,677 2,677
Realign APS Unit Set [-2,677]
Requirements to Base.
TANK AMMUNITION
012 CARTRIDGES, TANK, 105MM 8,999 8,999 8,999
AND 120MM, ALL TYPES.
Realign APS Unit Set [-8,999]
Requirements to Base.
ARTILLERY AMMUNITION
014 ARTILLERY PROJECTILE, 30,348 10,000 30,348 30,348
155MM, ALL TYPES.
Realign APS Unit Set [-20,348]
Requirements to Base.
015 PROJ 155MM EXTENDED RANGE 140 140 140
M982.
Realign APS Unit Set [-140]
Requirements to Base.
016 ARTILLERY PROPELLANTS, 29,655 5,000 29,655 29,655
FUZES AND PRIMERS, ALL.
Realign APS Unit Set [-24,655]
Requirements to Base.
MINES
017 MINES & CLEARING CHARGES, 16,866 16,866 16,866
ALL TYPES.
Realign APS Unit Set [-16,866]
Requirements to Base.
NETWORKED MUNITIONS
018 SPIDER NETWORK MUNITIONS, 10,353 10,353
ALL TYPES.
Early to need........ [-10,353]
Realign APS Unit Set [-10,353]
Requirements to Base.
ROCKETS
019 SHOULDER LAUNCHED 63,210 63,210 63,210
MUNITIONS, ALL TYPES.
Realign APS Unit Set [-63,210]
Requirements to Base.
020 ROCKET, HYDRA 70, ALL 42,851 42,851 42,851 42,851
TYPES.
OTHER AMMUNITION
022 DEMOLITION MUNITIONS, ALL 6,373 6,373 6,373
TYPES.
Realign APS Unit Set [-6,373]
Requirements to Base.
023 GRENADES, ALL TYPES...... 4,143 4,143 4,143
Realign APS Unit Set [-4,143]
Requirements to Base.
024 SIGNALS, ALL TYPES....... 1,852 1,852 1,852
Realign APS Unit Set [-1,852]
Requirements to Base.
MISCELLANEOUS
027 NON-LETHAL AMMUNITION, 773 773 773
ALL TYPES.
Realign APS Unit Set [-773]
Requirements to Base.
TOTAL PROCUREMENT OF 301,523 88,460 291,170 301,523
AMMUNITION, ARMY.
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, FLATBED:... 4,180 4,180 4,180
Realign APS Unit Set [-4,180]
Requirements to Base.
008 FAMILY OF MEDIUM TACTICAL 643 147,476 643 643 147,476 643 147,476
VEH (FMTV).
Realign APS Unit Set [-147,476]
Requirements to Base.
010 FAMILY OF HEAVY TACTICAL 51 6,122 51 51 6,122 51 6,122
VEHICLES (FHTV).
Realign APS Unit Set [-6,122]
Requirements to Base.
011 PLS ESP.................. 106,358 106,358 106,358
Realign APS Unit Set [-106,358]
Requirements to Base.
012 HVY EXPANDED MOBILE 203,766 127,205 203,766 203,766
TACTICAL TRUCK EXT SERV.
Realign APS Unit Set [-76,561]
Requirements to Base.
013 TACTICAL WHEELED VEHICLE 101,154 74,035 101,154 101,154
PROTECTION KITS.
Realign APS Unit Set [-27,119]
Requirements to Base.
014 MODIFICATION OF IN SVC 155,456 152,000 155,456 155,456
EQUIP.
Realign APS Unit Set [-3,456]
Requirements to Base.
COMM--JOINT
COMMUNICATIONS
019 WIN-T--GROUND FORCES 9,572 3,000 9,572 9,572
TACTICAL NETWORK.
Realign APS Unit Set [-6,572]
Requirements to Base.
COMM--SATELLITE
COMMUNICATIONS
025 SHF TERM................. 24,000 24,000 24,000
Realign APS Unit Set [-24,000]
Requirements to Base.
COMM--INTELLIGENCE COMM
047 CI AUTOMATION 1,550 1,550 1,550 1,550
ARCHITECTURE.
INFORMATION SECURITY
051 COMMUNICATIONS SECURITY 1,928 1,928 1,928
(COMSEC).
Realign APS Unit Set [-1,928]
Requirements to Base.
052 DEFENSIVE CYBER 26,500 26,500 26,500 26,500
OPERATIONS.
COMM--BASE COMMUNICATIONS
056 INSTALLATION INFO 20,510 20,510 20,510 20,510
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT REL
ACT (TIARA)
062 DCGS-A (MIP)............. 33,032 33,032 33,032 33,032
064 TROJAN (MIP)............. 3,305 3,145 3,305 3,305
Realign APS Unit Set [-160]
Requirements to Base.
066 CI HUMINT AUTO REPRTING 7,233 7,233 7,233 7,233
AND COLL(CHARCS).
069 BIOMETRIC TACTICAL 5,670 5,670 5,670 5,670
COLLECTION DEVICES (MIP).
ELECT EQUIP--ELECTRONIC
WARFARE (EW)
070 LIGHTWEIGHT COUNTER 25,892 25,892 25,892
MORTAR RADAR.
Realign APS Unit Set [-25,892]
Requirements to Base.
074 FAMILY OF PERSISTENT 11,610 11,610 11,610 11,610
SURVEILLANCE CAPABILITIE.
075 COUNTERINTELLIGENCE/ 23,890 23,890 23,890 23,890
SECURITY COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
080 INDIRECT FIRE PROTECTION 76,270 72,000 76,270 76,270
FAMILY OF SYSTEMS.
Realign APS Unit Set [-4,270]
Requirements to Base.
089 MORTAR FIRE CONTROL 2,572 2,282 2,572 2,572
SYSTEM.
Realign APS Unit Set [-290]
Requirements to Base.
ELECT EQUIP--TACTICAL C2
SYSTEMS
092 AIR & MSL DEFENSE 31 69,958 31 31 69,958 31 69,958
PLANNING & CONTROL SYS.
Realign APS Unit Set [-69,958]
Requirements to Base.
ELECT EQUIP--AUTOMATION
102 AUTOMATED DATA PROCESSING 9,900 9,900 9,900 9,900
EQUIP.
ELECT EQUIP--AUDIO VISUAL
SYS (A/V)
108 ITEMS LESS THAN $5M 96 96 96
(SURVEYING EQUIPMENT).
Realign APS Unit Set [-96]
Requirements to Base.
CHEMICAL DEFENSIVE
EQUIPMENT
114 CBRN DEFENSE............. 1,841 1,841 1,841
Realign APS Unit Set [-1,841]
Requirements to Base.
BRIDGING EQUIPMENT
115 TACTICAL BRIDGING........ 26,000 26,000 26,000
Realign APS Unit Set [-26,000]
Requirements to Base.
ENGINEER (NON-
CONSTRUCTION) EQUIPMENT
124 ROBOTICS AND APPLIQUE 268 268 268
SYSTEMS.
Realign APS Unit Set [-268]
Requirements to Base.
128 FAMILY OF BOATS AND 280 280 280
MOTORS.
Realign APS Unit Set [-280]
Requirements to Base.
COMBAT SERVICE SUPPORT
EQUIPMENT
129 HEATERS AND ECU'S........ 894 894 894
Realign APS Unit Set [-894]
Requirements to Base.
134 FORCE PROVIDER........... 53,800 53,800 53,800 53,800
135 FIELD FEEDING EQUIPMENT.. 2,665 2,665 2,665
Realign APS Unit Set [-2,665]
Requirements to Base.
136 CARGO AERIAL DEL & 2,400 2,400 2,400 2,400
PERSONNEL PARACHUTE
SYSTEM.
137 FAMILY OF ENGR COMBAT AND 9,789 9,789 9,789
CONSTRUCTION SETS.
Realign APS Unit Set [-9,789]
Requirements to Base.
138 ITEMS LESS THAN $5M (ENG 300 300 300
SPT).
Realign APS Unit Set [-300]
Requirements to Base.
PETROLEUM EQUIPMENT
139 QUALITY SURVEILLANCE 4,800 4,800 4,800
EQUIPMENT.
Realign APS Unit Set [-4,800]
Requirements to Base.
140 DISTRIBUTION SYSTEMS, 174 78,240 174 57,420 174 78,240 174 78,240
PETROLEUM & WATER.
Realign APS Unit Set [-20,820]
Requirements to Base.
MEDICAL EQUIPMENT
141 COMBAT SUPPORT MEDICAL... 5,763 5,763 5,763
Realign APS Unit Set [-5,763]
Requirements to Base.
MAINTENANCE EQUIPMENT
142 MOBILE MAINTENANCE 1,609 1,609 1,609
EQUIPMENT SYSTEMS.
Realign APS Unit Set [-1,609]
Requirements to Base.
143 ITEMS LESS THAN $5.0M 145 145 145
(MAINT EQ).
Realign APS Unit Set [-145]
Requirements to Base.
CONSTRUCTION EQUIPMENT
144 GRADER, ROAD MTZD, HVY, 3,047 3,047 3,047
6X4 (CCE).
Realign APS Unit Set [-3,047]
Requirements to Base.
148 TRACTOR, FULL TRACKED.... 4,426 4,426 4,426
Realign APS Unit Set [-4,426]
Requirements to Base.
151 HIGH MOBILITY ENGINEER 2,900 2,900 2,900
EXCAVATOR (HMEE).
Realign APS Unit Set [-2,900]
Requirements to Base.
155 ITEMS LESS THAN $5.0M 96 96 96
(CONST EQUIP).
Realign APS Unit Set [-96]
Requirements to Base.
GENERATORS
158 GENERATORS AND ASSOCIATED 21,861 1,900 21,861 21,861
EQUIP.
Realign APS Unit Set [-19,961]
Requirements to Base.
MATERIAL HANDLING
EQUIPMENT
160 FAMILY OF FORKLIFTS...... 846 846 846
Realign APS Unit Set [-846]
Requirements to Base.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
168 TEST EQUIPMENT 1,140 1,140 1,140
MODERNIZATION (TEMOD).
Realign APS Unit Set [-1,140]
Requirements to Base.
OTHER SUPPORT EQUIPMENT
170 RAPID EQUIPPING SOLDIER 8,500 8,500 8,500 8,500
SUPPORT EQUIPMENT.
TOTAL OTHER 899 1,309,610 899 697,582 899 1,309,610 899 1,309,610
PROCUREMENT, ARMY.
JOINT IMPROVISED-THREAT
DEFEAT FUND
NETWORK ATTACK
001 RAPID ACQUISITION AND 332,000 307,000 332,000 332,000
THREAT RESPONSE.
Program decrease..... [-25,000]
STAFF AND INFRASTRUCTURE
002 MISSION ENABLERS......... 62,800 62,800 62,800 62,800
TOTAL JOINT 394,800 369,800 394,800 394,800
IMPROVISED-THREAT
DEFEAT FUND.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
002 F/A-18E/F (FIGHTER) 2 184,912 2 184,912 2 184,912 2 184,912
HORNET.
OTHER AIRCRAFT
026 STUASL0 UAV.............. 4 70,000 4 70,000 4 70,000 4 70,000
MODIFICATION OF AIRCRAFT
037 EP-3 SERIES.............. 7,505 7,505 7,505 7,505
047 SPECIAL PROJECT AIRCRAFT. 14,869 14,869 14,869 14,869
051 COMMON ECM EQUIPMENT..... 70,780 70,780 70,780 70,780
059 V-22 (TILT/ROTOR ACFT) 8,740 8,740 8,740 8,740
OSPREY.
AIRCRAFT SPARES AND
REPAIR PARTS
063 SPARES AND REPAIR PARTS.. 1,500 1,500 1,500 1,500
AIRCRAFT SUPPORT EQUIP &
FACILITIES
065 AIRCRAFT INDUSTRIAL 524 524 524 524
FACILITIES.
TOTAL AIRCRAFT 6 358,830 6 358,830 6 358,830 6 358,830
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT, NAVY
TACTICAL MISSILES
010 HELLFIRE................. 100 8,600 100 8,600 100 8,600 100 8,600
TOTAL WEAPONS 100 8,600 100 8,600 100 8,600 100 8,600
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO, NAVY
& MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS.... 40,366 40,366 40,366 40,366
002 AIRBORNE ROCKETS, ALL 8,860 8,860 8,860 8,860
TYPES.
006 AIR EXPENDABLE 7,060 7,060 7,060 7,060
COUNTERMEASURES.
013 PYROTECHNIC AND 1,122 1,122 1,122 1,122
DEMOLITION.
014 AMMUNITION LESS THAN $5 3,495 3,495 3,495 3,495
MILLION.
MARINE CORPS AMMUNITION
015 SMALL ARMS AMMUNITION.... 1,205 1,205 1,205 1,205
017 40 MM, ALL TYPES......... 539 539 539 539
018 60MM, ALL TYPES.......... 909 909 909 909
020 120MM, ALL TYPES......... 530 530 530 530
022 ROCKETS, ALL TYPES....... 469 469 469 469
023 ARTILLERY, ALL TYPES..... 1,196 1,196 1,196 1,196
024 DEMOLITION MUNITIONS, ALL 261 261 261 261
TYPES.
025 FUZE, ALL TYPES.......... 217 217 217 217
TOTAL PROCUREMENT OF 66,229 66,229 66,229 66,229
AMMO, NAVY & MC.
OTHER PROCUREMENT, NAVY
OTHER SHORE ELECTRONIC
EQUIPMENT
081 DCGS-N................... 12,000 12,000 12,000 12,000
OTHER ORDNANCE SUPPORT
EQUIPMENT
116 EXPLOSIVE ORDNANCE 40,000 40,000 40,000 40,000
DISPOSAL EQUIP.
CIVIL ENGINEERING SUPPORT
EQUIPMENT
124 FIRE FIGHTING EQUIPMENT.. 630 630 630 630
SUPPLY SUPPORT EQUIPMENT
133 FIRST DESTINATION 25 25 25 25
TRANSPORTATION.
COMMAND SUPPORT EQUIPMENT
137 COMMAND SUPPORT EQUIPMENT 10,562 10,562 10,562 10,562
139 MEDICAL SUPPORT EQUIPMENT 5,000 5,000 5,000 5,000
CLASSIFIED PROGRAMS
150A CLASSIFIED PROGRAMS...... 1,660 1,660 1,660 1,660
TOTAL OTHER 69,877 69,877 69,877 69,877
PROCUREMENT, NAVY.
PROCUREMENT, MARINE CORPS
ARTILLERY AND OTHER
WEAPONS
006 WEAPONS AND COMBAT 572 572 572 572
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
010 JAVELIN.................. 9 1,606 9 1,606 9 1,606 9 1,606
OTHER SUPPORT (TEL)
018 MODIFICATION KITS........ 2,600 2,600 2,600 2,600
COMMAND AND CONTROL
SYSTEM (NON-TEL)
019 ITEMS UNDER $5 MILLION 2,200 2,200 2,200 2,200
(COMM & ELEC).
INTELL/COMM EQUIPMENT
(NON-TEL)
026 INTELLIGENCE SUPPORT 20,981 20,981 20,981 20,981
EQUIPMENT.
029 RQ-11 UAV................ 3,817 3,817 3,817 3,817
OTHER SUPPORT (NON-TEL)
035 COMMON COMPUTER RESOURCES 2,600 2,600 2,600 2,600
037 RADIO SYSTEMS............ 9,563 9,563 9,563 9,563
ENGINEER AND OTHER
EQUIPMENT
053 EOD SYSTEMS.............. 75,000 75,000 75,000 75,000
TOTAL PROCUREMENT, 9 118,939 9 118,939 9 118,939 9 118,939
MARINE CORPS.
AIRCRAFT PROCUREMENT, AIR
FORCE
OTHER AIRLIFT
004 C-130J................... 1 73,000 1 73,000 1 73,000 1 73,000
OTHER AIRCRAFT
015 MQ-9..................... 12 273,600 12 273,600 12 273,600 -87,000 12 186,600
Air Force requested [-87,000]
transfer to line 61
for spares.
STRATEGIC AIRCRAFT
019 LARGE AIRCRAFT INFRARED 135,801 135,801 135,801 135,801
COUNTERMEASURES.
TACTICAL AIRCRAFT
020 A-10..................... 23,850 23,850 23,850 23,850
OTHER AIRCRAFT
047 E-3...................... 6,600 6,600 6,600 6,600
056 HC/MC-130 MODIFICATIONS.. 13,550 13,550 13,550 13,550
057 OTHER AIRCRAFT........... 7,500 7,500 7,500 7,500
059 MQ-9 MODS................ 112,068 112,068 112,068 112,068
AIRCRAFT SPARES AND
REPAIR PARTS
061 INITIAL SPARES/REPAIR 25,600 25,600 61,400 87,000
PARTS.
Air Force requested [87,000]
transfer from line 15
for spares.
Compass Call Program [-25,600] [-25,600]
Restructure.
OTHER PRODUCTION CHARGES
077 OTHER PRODUCTION CHARGES. 8,400 8,400 8,400 8,400
TOTAL AIRCRAFT 13 679,969 13 654,369 13 679,969 -25,600 13 654,369
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT, AIR
FORCE
TACTICAL
006 PREDATOR HELLFIRE MISSILE 1,252 145,125 1,252 145,125 1,252 145,125 1,252 145,125
CLASS IV
011 AGM-65D MAVERICK......... 9,720 9,720 9,720 9,720
TOTAL MISSILE 1,252 154,845 1,252 154,845 1,252 154,845 1,252 154,845
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR FORCE
CARTRIDGES
002 CARTRIDGES............... 9,830 9,830 9,830 9,830
BOMBS
004 GENERAL PURPOSE BOMBS.... 7,921 7,921 7,921 7,921
006 JOINT DIRECT ATTACK 6,033 140,126 6,033 140,126 6,033 140,126 -9,250 6,033 130,876
MUNITION.
Pricing adjustment... [-9,250]
FLARES
012 FLARES................... 6,531 6,531 6,531 6,531
TOTAL PROCUREMENT OF 6,033 164,408 6,033 164,408 6,033 164,408 -9,250 6,033 155,158
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT, AIR
FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 2,003 2,003 2,003 2,003
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL VEHICLE.. 9,066 9,066 9,066 9,066
004 ITEMS LESS THAN $5 12,264 12,264 12,264 12,264
MILLION.
SPECIAL PURPOSE VEHICLES
006 ITEMS LESS THAN $5 16,789 16,789 16,789 16,789
MILLION.
FIRE FIGHTING EQUIPMENT
007 FIRE FIGHTING/CRASH 48,590 48,590 48,590 48,590
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAN $5 2,366 2,366 2,366 2,366
MILLION.
BASE MAINTENANCE SUPPORT
009 RUNWAY SNOW REMOV & 6,468 6,468 6,468 6,468
CLEANING EQUIP.
010 ITEMS LESS THAN $5 9,271 9,271 9,271 9,271
MILLION.
ELECTRONICS PROGRAMS
016 AIR TRAFFIC CONTROL & 42,650 42,650 42,650 42,650
LANDING SYS.
SPCL COMM-ELECTRONICS
PROJECTS
029 AIR FORCE PHYSICAL 7,500 7,500 7,500 7,500
SECURITY SYSTEM.
033 C3 COUNTERMEASURES....... 620 620 620 620
ORGANIZATION AND BASE
052 TACTICAL C-E EQUIPMENT... 8,100 8,100 8,100 8,100
MODIFICATIONS
056 COMM ELECT MODS.......... 3,800 3,800 3,800 3,800
BASE SUPPORT EQUIPMENT
061 ENGINEERING AND EOD 53,900 53,900 53,900 53,900
EQUIPMENT.
SPECIAL SUPPORT PROJECTS
067 DCGS-AF.................. 800 800 800 800
CLASSIFIED PROGRAMS
070A CLASSIFIED PROGRAMS...... 3,609,978 3,609,978 3,609,978 3,609,978
TOTAL OTHER 3,834,165 3,834,165 3,834,165 3,834,165
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DISA
007 TELEPORT PROGRAM......... 1,900 1,900 1,900 1,900
CLASSIFIED PROGRAMS
040A CLASSIFIED PROGRAMS...... 32,482 32,482 32,482 32,482
AVIATION PROGRAMS
041 MC-12.................... 5,000 5,000 5,000 5,000
043 UNMANNED ISR............. 11,880 11,880 11,880 11,880
046 U-28..................... 38,283 38,283 38,283 38,283
AMMUNITION PROGRAMS
057 ORDNANCE ITEMS <$5M...... 52,504 52,504 52,504 52,504
OTHER PROCUREMENT
PROGRAMS
058 INTELLIGENCE SYSTEMS..... 22,000 22,000 22,000 22,000
060 OTHER ITEMS <$5M......... 11,580 11,580 11,580 11,580
062 SPECIAL PROGRAMS......... 13,549 13,549 13,549 13,549
063 TACTICAL VEHICLES........ 3,200 3,200 3,200 3,200
069 OPERATIONAL ENHANCEMENTS. 42,056 42,056 42,056 -19,250 22,806
Classified adjustment [-19,250]
TOTAL PROCUREMENT, 234,434 234,434 234,434 -19,250 215,184
DEFENSE-WIDE.
TOTAL PROCUREMENT... 13,037 8,614,221 13,037 7,430,766 13,037 8,603,868 90,700 13,037 8,704,921
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2017 Request House Authorized Senate Authorized Conference Change Conference Authorized
Line Item -----------------------------------------------------------------------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
003 MQ-1 UAV................. 95,100
Army unfunded [95,100]
requirement.
ROTARY
005 HELICOPTER, LIGHT UTILITY 17 110,000
(LUH).
Army unfunded [17] [110,000]
requirement (ARI).
006 AH-64 APACHE BLOCK IIIA 4 78,040 4 78,040 4 78,040 4 78,040
REMAN.
007 ADVANCE PROCUREMENT 10 72,900
(CY).
Army unfunded [10] [72,900]
requirement (ARI).
007A AH-64 APACHE BLOCK IIIA 5 190,000
NEW BUILD.
Army unfunded [5] [190,000]
requirement (ARI).
008 UH-60 BLACKHAWK M MODEL 36 440,200
(MYP).
Army unfunded [36] [440,200]
requirement (ARI).
MODIFICATION OF AIRCRAFT
017 CH-47 CARGO HELICOPTER 102,000
MODS (MYP).
Army unfunded [102,000]
requirement (ARI).
GROUND SUPPORT AVIONICS
028 AIRCRAFT SURVIVABILITY 22,000
EQUIPMENT.
Army unfunded [22,000]
requirement-
modernized warning
system (ARI).
029 SURVIVABILITY CM......... 28,000
Army unfunded [28,000]
requirement-assured
PNT (ARI).
TOTAL AIRCRAFT 4 78,040 72 1,138,240 4 78,040 4 78,040
PROCUREMENT, ARMY.
MISSILE PROCUREMENT, ARMY
AIR-TO-SURFACE MISSILE
SYSTEM
004 HELLFIRE SYS SUMMARY..... 1,485 150,000 1,485 150,000 1,485 150,000 1,485 150,000
ANTI-TANK/ASSAULT MISSILE
SYS
007 JAVELIN (AAWS-M) SYSTEM 591 104,200 104,200 104,200
SUMMARY.
Army unfunded [591] [104,200] [104,200]
requirement.
010 GUIDED MLRS ROCKET 1,158 76,000 76,000 76,000
(GMLRS).
Army unfunded [1,158] [76,000] [76,000]
requirement.
MODIFICATIONS
014 ATACMS MODS.............. 17 15,900 15,900 15,900
Army unfunded [17] [15,900] [15,900]
requirement.
TOTAL MISSILE 1,485 150,000 3,251 346,100 1,485 150,000 196,100 1,485 346,100
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
MODIFICATION OF TRACKED
COMBAT VEHICLES
008 IMPROVED RECOVERY VEHICLE 16 72,000
(M88A2 HERCULES).
Army unfunded [16] [72,000]
requirement.
013 M1 ABRAMS TANK (MOD)..... 140,000
Army unfunded [60,000]
requirement--Industri
al base risk
mitigation.
Army unfunded [80,000]
requirement--Vehicle
APS.
UNDISTRIBUTED
036A UNDISTRIBUTED............ 55,100
Additional funding to [55,100]
support increase in
Army end strength.
TOTAL PROCUREMENT OF 16 267,100
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL TYPES... 4,000 4,000 4,000
Army unfunded [4,000] [4,000]
requirement.
002 CTG, 7.62MM, ALL TYPES... 14,000 14,000 14,000
Army unfunded [14,000] [14,000]
requirement.
003 CTG, HANDGUN, ALL TYPES.. 9,000 9,000 9,000
Army unfunded [9,000] [9,000]
requirement.
004 CTG, .50 CAL, ALL TYPES.. 21,000 20,000 20,000
Army unfunded [21,000] [20,000]
requirement.
005 CTG, 20MM, ALL TYPES..... 14,000 14,000 14,000
Army unfunded [14,000] [14,000]
requirement.
007 CTG, 30MM, ALL TYPES..... 8,200 8,200 8,200
Army unfunded [8,200] [8,200]
requirement.
MORTAR AMMUNITION
011 120MM MORTAR, ALL TYPES.. 30,000 30,000 30,000
Army unfunded [30,000] [30,000]
requirement.
TANK AMMUNITION
012 CARTRIDGES, TANK, 105MM 35,000 35,000 35,000
AND 120MM, ALL TYPES.
Army unfunded [35,000] [35,000]
requirement.
ARTILLERY AMMUNITION
015 PROJ 155MM EXTENDED RANGE 332 23,500 332 23,500 332 23,500
M982.
Army unfunded [332] [23,500] [332] [23,500]
requirement.
016 ARTILLERY PROPELLANTS, 10,000 10,000 10,000
FUZES AND PRIMERS, ALL.
Army unfunded [10,000] [10,000]
requirement.
ROCKETS
019 SHOULDER LAUNCHED 30,000 30,000 30,000
MUNITIONS, ALL TYPES.
Army unfunded [30,000] [30,000]
requirement.
020 ROCKET, HYDRA 70, ALL 44,606 42,500 44606 42,500 44,606 42,500
TYPES.
Army unfunded [44,106] [27,500] [44,106] [27,500]
requirement.
Army unfunded [500] [15,000] [500] [15,000]
requirement- guided
hydra rockets.
UNDISTRIBUTED
034A UNDISTRIBUTED............ 46,500
Additional funding to [46,500]
support increase in
Army end strength.
TOTAL PROCUREMENT OF 44,938 287,700 44,938 240,200 44,938 240,200
AMMUNITION, ARMY.
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
008 FAMILY OF MEDIUM TACTICAL 449 152,000 449 152,000 449 152,000 449 152,000
VEH (FMTV).
COMM--JOINT
COMMUNICATIONS
019 WIN-T--GROUND FORCES 80,000
TACTICAL NETWORK.
BBA Restoration-- [80,000]
2BCTs - Increment 2.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
080 INDIRECT FIRE PROTECTION 8,400
FAMILY OF SYSTEMS.
Army unfunded [8,400]
requirement- CRAM
Upgrades and MODS.
GENERATORS
158 GENERATORS AND ASSOCIATED 9,900 9,900 9,900 9,900
EQUIP.
UNDISTRIBUTED
180 UNDISTRIBUTED............ 18,400
Additional funding to [18,400]
support increase in
Army end strength.
TOTAL OTHER 449 161,900 449 268,700 449 161,900 449 161,900
PROCUREMENT, ARMY.
JOINT IMPROVISED-THREAT
DEFEAT FUND
NETWORK ATTACK
001 RAPID ACQUISITION AND 113,272 113,272 113,272 113,272
THREAT RESPONSE.
TOTAL JOINT 113,272 113,272 113,272 113,272
IMPROVISED-THREAT
DEFEAT FUND.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
002 F/A-18E/F (FIGHTER) 14 1,400,000
HORNET.
Navy unfunded [14] [1,400,000]
requirement.
003 JOINT STRIKE FIGHTER CV.. 4 540,000
Marine Corps unfunded [2] [270,000]
requirement.
Navy unfunded [2] [270,000]
requirement.
005 JSF STOVL................ 2 254,200
Marine Corps unfunded [2] [254,200]
requirement.
009 V-22 (MEDIUM LIFT)....... 2 150,000
Marine Corps unfunded [2] [150,000]
requirement.
011 H-1 UPGRADES (UH-1Y/AH- 2 57,000
1Z).
Marine Corps unfunded [2] [57,000]
requirement- AH-1Zs.
AIRLIFT AIRCRAFT
019A C-40A.................... 4 415,000
Marine Corps unfunded [2] [207,500]
requirement.
Navy unfunded [2] [207,500]
requirement.
OTHER AIRCRAFT
023 MQ-4 TRITON.............. 1 95,000
Additional system-- [1] [95,000]
ISR shortfalls.
025 MQ-8 UAV................. 4 47,500
Scope Increase....... [4] [47,500]
MODIFICATION OF AIRCRAFT
034 H-53 SERIES.............. 16,100
Accelerate readiness [2,800]
improvement.
Marine Corps unfunded [13,300]
requirement- degraded
visual environment.
035 SH-60 SERIES............. 3,000 3,000 3,000 3,000
036 H-1 SERIES............... 3,740 27,140 3,740 3,740
Accelerate readiness [23,400]
improvement.
051 COMMON ECM EQUIPMENT..... 27,460 27,460 27,460 27,460
059 V-22 (TILT/ROTOR ACFT) 39,300
OSPREY.
Marine Corps unfunded [39,300]
requirement- SPMAGTF-
C4 UUNS.
AIRCRAFT SPARES AND
REPAIR PARTS
063 SPARES AND REPAIR PARTS.. 140,300
KC-130J spares....... [36,000]
Marine Corps unfunded [91,000]
requirement- F35 B
spares.
Marine Corps unfunded [13,300]
requirement- F35 C
spares.
TOTAL AIRCRAFT 34,200 33 3,212,000 34,200 34,200
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT, NAVY
STRATEGIC MISSILES
003 TOMAHAWK................. 98 76,000 84,200 84,200
Scope Increase....... [98] [76,000] [84,200]
TACTICAL MISSILES
005 SIDEWINDER............... 75 33,000 75 33,000 75 33,000
Navy unfunded [75] [33,000] [75] [33,000]
requirement.
015A LCS OVER-THE-HORIZON 8 18,100
MISSILE.
Navy unfunded [8] [18,100]
requirement.
TOTAL WEAPONS 181 127,100 75 117,200 75 117,200
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO, NAVY
& MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS.... 58,000 58,000 58,000
Navy unfunded [58,000] [58,000]
requirement--JDAM
components.
MARINE CORPS AMMUNITION
023 ARTILLERY, ALL TYPES..... 19,200 19,200
Marine Corps unfunded [19,200]
requirement- GMLRS AW
munitions.
TOTAL PROCUREMENT OF 58,000 77,200 77,200
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
OTHER WARSHIPS
003 ADVANCE PROCUREMENT 263,000
(CY).
Advance Procurement [263,000]
for CVN-81.
005 ADVANCE PROCUREMENT 85,000
(CY).
Long-lead Time [85,000]
Materiel Orders.
009 DDG-51................... 1 433,000
Scope Increase....... [1] [433,000]
011 LITTORAL COMBAT SHIP..... 1 384,700
Scope Increase....... [1] [384,700]
AMPHIBIOUS SHIPS
012A AMPHIBIOUS SHIP 1 856,000
REPLACEMENT LX(R).
Procurement of LPD-29 [1] [856,000]
or LX (R).
AUXILIARIES, CRAFT AND
PRIOR YR PROGRAM COST
026 SHIP TO SHORE CONNECTOR.. 3 165,000
Scope Increase....... [3] [165,000]
028 LCAC SLEP................ 4 80,300
Scope Increase....... [4] [80,300]
TOTAL SHIPBUILDING 10 2,267,000
AND CONVERSION, NAVY.
OTHER PROCUREMENT, NAVY
OTHER SHIPBOARD EQUIPMENT
009 DDG MOD.................. 1 65,000
Scope Increase....... [1] [65,000]
SMALL BOATS
032 STANDARD BOATS........... 20,000
Program Acceleration. [20,000]
OTHER SHIP SUPPORT
039A LCS LAUNCHER............. 2 24,900
Navy unfunded [2] [24,900]
requirement.
AIRCRAFT SUPPORT
EQUIPMENT
104 WEAPONS RANGE SUPPORT 9,000
EQUIPMENT.
Navy unfunded [9,000]
requirement--Barking
Sands Tactical
Underwater Range.
OTHER ORDNANCE SUPPORT
EQUIPMENT
116 EXPLOSIVE ORDNANCE 59,329 59,329 59,329 59,329
DISPOSAL EQUIP.
TOTAL OTHER 59,329 3 178,229 59,329 59,329
PROCUREMENT, NAVY.
PROCUREMENT, MARINE CORPS
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT TOWED 14,000
HOWITZER.
Marine Corps unfunded [14,000]
requirement- chrome
tubes.
005 HIGH MOBILITY ARTILLERY 19,200
ROCKET SYSTEM.
Program Increase- 148 [19,200]
additional GMLRS.
OTHER SUPPORT (NON-TEL)
036 COMMAND POST SYSTEMS..... 40,800
Marine Corps unfunded [40,800]
requirement- SPMAGTF--
C4 UUNS.
TOTAL PROCUREMENT, 74,000
MARINE CORPS.
AIRCRAFT PROCUREMENT, AIR
FORCE
TACTICAL FORCES
001 F-35..................... 5 690,500
Air Force unfunded [5] [690,500]
requirement.
OTHER AIRLIFT
004 C-130J................... 3 271,500
Scope Increase....... [3] [271,500]
HELICOPTERS
010 UH-1N REPLACEMENT........ 80,000
Program increase to [80,000]
address urgent need.
OTHER AIRCRAFT
015 MQ-9..................... 12 179,430 12 179,430 12 179,430 12 179,430
015A EC-130H.................. 1 103,000
Scope increase....... [1] [103,000]
TACTICAL AIRCRAFT
020 A-10..................... 218,500
A-10 wing upgrades... [120,000]
Air Force unfunded [10,300]
requirement- A-10
antijam GPS.
Air Force unfunded [23,200]
requirement- A-10
situation awareness
upgrade kits.
Air Force unfunded [65,000]
requirement- ASE
radar warning
receiver upgrades.
021 F-15..................... 60,400
Air Force unfunded [60,400]
requirement- ASE
radar warning
receiver upgrades.
022 F-16..................... 187,500
Air Force unfunded [5,000]
requirement- antijam
GPS.
Air Force unfunded [12,000]
requirement- missile
warning system.
Air Force unfunded [170,500]
requirement- radar
warning receiver
upgrades.
OTHER AIRCRAFT
049 E-8...................... 2 17,500
Additional 2 PME-DMS [2] [17,500]
kits.
054 H-60..................... 70,700
Air Force unfunded [70,700]
requirement- ASE
radar warning
receivers.
TOTAL AIRCRAFT 12 179,430 23 1,879,030 12 179,430 12 179,430
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT, AIR
FORCE
TACTICAL
007 SMALL DIAMETER BOMB...... 4,195 167,800 4,195 167,800 4,195 167,800 4,195 167,800
CLASS IV
011 AGM-65D MAVERICK......... 16,900 16,900 16,900 16,900
TOTAL MISSILE 4,195 184,700 4,195 184,700 4,195 184,700 4,195 184,700
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR FORCE
ROCKETS
001 ROCKETS.................. 60,000 60,000 60,000 60,000
BOMBS
006 JOINT DIRECT ATTACK 12,498 263,000 12,498 263,000 12,498 263,000 12,498 263,000
MUNITION.
TOTAL PROCUREMENT OF 12,498 323,000 12,498 323,000 12,498 323,000 12,498 323,000
AMMUNITION, AIR
FORCE.
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DISA
007 TELEPORT PROGRAM......... 2,000 2,000 2,000 2,000
016 DEFENSE INFORMATION 2,000 2,000 2,000 2,000
SYSTEMS NETWORK.
TOTAL PROCUREMENT, 4,000 4,000 4,000 4,000
DEFENSE-WIDE.
TOTAL PROCUREMENT... 18,643 1,287,871 65,669 10,728,171 18,643 1,287,871 45,013 630,700 63,656 1,918,571
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Line Program Element Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................ BASIC RESEARCH
001 0601101A IN-HOUSE 12,381 12,381 12,381 12,381
LABORATORY
INDEPENDENT
RESEARCH.
002 0601102A DEFENSE 253,116 253,116 253,116 253,116
RESEARCH
SCIENCES.
003 0601103A UNIVERSITY 69,166 69,166 69,166 69,166
RESEARCH
INITIATIVES.
004 0601104A UNIVERSITY AND 94,280 94,280 94,280 94,280
INDUSTRY
RESEARCH
CENTERS.
................ SUBTOTAL 428,943 428,943 428,943 428,943
BASIC
RESEARCH.
................
................ APPLIED
RESEARCH
005 0602105A MATERIALS 31,533 31,533 37,033 5,500 37,033
TECHNOLOGY.
................ Ground [5,500] [5,500]
vehicle
coating
system.
006 0602120A SENSORS AND 36,109 36,109 38,109 2,000 38,109
ELECTRONIC
SURVIVABILITY.
................ Program [2,000] [2,000]
increase.
007 0602122A TRACTOR HIP.... 6,995 6,995 6,995 6,995
008 0602211A AVIATION 65,914 65,914 65,914 65,914
TECHNOLOGY.
009 0602270A ELECTRONIC 25,466 25,466 25,466 25,466
WARFARE
TECHNOLOGY.
010 0602303A MISSILE 44,313 44,313 44,313 44,313
TECHNOLOGY.
011 0602307A ADVANCED 28,803 28,803 28,803 28,803
WEAPONS
TECHNOLOGY.
012 0602308A ADVANCED 27,688 27,688 27,688 27,688
CONCEPTS AND
SIMULATION.
013 0602601A COMBAT VEHICLE 67,959 67,959 67,959 67,959
AND AUTOMOTIVE
TECHNOLOGY.
014 0602618A BALLISTICS 85,436 85,436 85,436 85,436
TECHNOLOGY.
015 0602622A CHEMICAL, SMOKE 3,923 3,923 3,923 3,923
AND EQUIPMENT
DEFEATING
TECHNOLOGY.
016 0602623A JOINT SERVICE 5,545 5,545 5,545 5,545
SMALL ARMS
PROGRAM.
017 0602624A WEAPONS AND 53,581 53,581 53,581 53,581
MUNITIONS
TECHNOLOGY.
018 0602705A ELECTRONICS AND 56,322 56,322 56,322 56,322
ELECTRONIC
DEVICES.
019 0602709A NIGHT VISION 36,079 36,079 36,079 36,079
TECHNOLOGY.
020 0602712A COUNTERMINE 26,497 26,497 26,497 26,497
SYSTEMS.
021 0602716A HUMAN FACTORS 23,671 23,671 23,671 23,671
ENGINEERING
TECHNOLOGY.
022 0602720A ENVIRONMENTAL 22,151 22,151 22,151 22,151
QUALITY
TECHNOLOGY.
023 0602782A COMMAND, 37,803 37,803 37,803 37,803
CONTROL,
COMMUNICATIONS
TECHNOLOGY.
024 0602783A COMPUTER AND 13,811 13,811 13,811 13,811
SOFTWARE
TECHNOLOGY.
025 0602784A MILITARY 67,416 67,416 67,416 67,416
ENGINEERING
TECHNOLOGY.
026 0602785A MANPOWER/ 26,045 26,045 21,045 26,045
PERSONNEL/
TRAINING
TECHNOLOGY.
................ Decrease [-5,000]
for social
science
research.
027 0602786A WARFIGHTER 37,403 42,403 37,403 5,000 42,403
TECHNOLOGY.
................ Program [5,000] [5,000]
Increase.
028 0602787A MEDICAL 77,111 77,111 77,111 77,111
TECHNOLOGY.
................ SUBTOTAL 907,574 912,574 910,074 12,500 920,074
APPLIED
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
029 0603001A WARFIGHTER 38,831 38,831 38,831 38,831
ADVANCED
TECHNOLOGY.
030 0603002A MEDICAL 68,365 68,365 68,365 68,365
ADVANCED
TECHNOLOGY.
031 0603003A AVIATION 94,280 94,280 94,280 94,280
ADVANCED
TECHNOLOGY.
032 0603004A WEAPONS AND 68,714 68,714 68,714 68,714
MUNITIONS
ADVANCED
TECHNOLOGY.
033 0603005A COMBAT VEHICLE 122,132 122,132 172,132 30,000 152,132
AND AUTOMOTIVE
ADVANCED
TECHNOLOGY.
................ Emerging [50,000] [30,000]
requirement.
034 0603006A SPACE 3,904 3,904 3,904 3,904
APPLICATION
ADVANCED
TECHNOLOGY.
035 0603007A MANPOWER, 14,417 14,417 14,417 14,417
PERSONNEL AND
TRAINING
ADVANCED
TECHNOLOGY.
037 0603009A TRACTOR HIKE... 8,074 21,374 8,074 13,300 21,374
................ Classified [13,300] [13,300]
adjustment.
038 0603015A NEXT GENERATION 18,969 18,969 18,969 18,969
TRAINING &
SIMULATION
SYSTEMS.
039 0603020A TRACTOR ROSE... 11,910 11,910 11,910 11,910
040 0603125A COMBATING 27,686 27,686 27,686 27,686
TERRORISM--TEC
HNOLOGY
DEVELOPMENT.
041 0603130A TRACTOR NAIL... 2,340 2,340 2,340 2,340
042 0603131A TRACTOR EGGS... 2,470 2,470 2,470 2,470
043 0603270A ELECTRONIC 27,893 27,893 22,893 27,893
WARFARE
TECHNOLOGY.
................ General [-5,000]
decrease.
044 0603313A MISSILE AND 52,190 52,190 52,190 52,190
ROCKET
ADVANCED
TECHNOLOGY.
045 0603322A TRACTOR CAGE... 11,107 11,107 11,107 11,107
046 0603461A HIGH 177,190 179,190 177,190 2,000 179,190
PERFORMANCE
COMPUTING
MODERNIZATION
PROGRAM.
................ Program [2,000] [2,000]
increase.
047 0603606A LANDMINE 17,451 17,451 17,451 17,451
WARFARE AND
BARRIER
ADVANCED
TECHNOLOGY.
048 0603607A JOINT SERVICE 5,839 5,839 5,839 5,839
SMALL ARMS
PROGRAM.
049 0603710A NIGHT VISION 44,468 44,468 44,468 44,468
ADVANCED
TECHNOLOGY.
050 0603728A ENVIRONMENTAL 11,137 11,137 11,137 11,137
QUALITY
TECHNOLOGY
DEMONSTRATIONS.
051 0603734A MILITARY 20,684 20,684 20,684 20,684
ENGINEERING
ADVANCED
TECHNOLOGY.
052 0603772A ADVANCED 44,239 44,239 39,239 44,239
TACTICAL
COMPUTER
SCIENCE AND
SENSOR
TECHNOLOGY.
................ General [-5,000]
program
decrease.
053 0603794A C3 ADVANCED 35,775 35,775 35,775 35,775
TECHNOLOGY.
................ SUBTOTAL 930,065 945,365 970,065 45,300 975,365
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
054 0603305A ARMY MISSLE 9,433 9,433 9,433 9,433
DEFENSE
SYSTEMS
INTEGRATION.
055 0603308A ARMY SPACE 23,056 23,056 23,056 23,056
SYSTEMS
INTEGRATION.
056 0603619A LANDMINE 72,117 72,117 72,117 72,117
WARFARE AND
BARRIER--ADV
DEV.
057 0603627A SMOKE, 28,244 28,244 28,244 28,244
OBSCURANT AND
TARGET
DEFEATING SYS-
ADV DEV.
058 0603639A TANK AND MEDIUM 40,096 40,096 40,096 40,096
CALIBER
AMMUNITION.
059 0603747A SOLDIER SUPPORT 10,506 10,506 10,506 10,506
AND
SURVIVABILITY.
060 0603766A TACTICAL 15,730 15,730 15,730 15,730
ELECTRONIC
SURVEILLANCE
SYSTEM--ADV
DEV.
061 0603774A NIGHT VISION 10,321 10,321 10,321 10,321
SYSTEMS
ADVANCED
DEVELOPMENT.
062 0603779A ENVIRONMENTAL 7,785 7,785 7,785 7,785
QUALITY
TECHNOLOGY--DE
M/VAL.
063 0603790A NATO RESEARCH 2,300 2,300 2,300 2,300
AND
DEVELOPMENT.
064 0603801A AVIATION--ADV 10,014 10,014 10,014 10,014
DEV.
065 0603804A LOGISTICS AND 20,834 20,834 20,834 20,834
ENGINEER
EQUIPMENT--ADV
DEV.
066 0603807A MEDICAL 33,503 41,003 33,503 33,503
SYSTEMS--ADV
DEV.
................ Program [7,500]
increase.
067 0603827A SOLDIER 31,120 31,120 40,520 9,400 40,520
SYSTEMS--ADVAN
CED
DEVELOPMENT.
................ Accelerate [9,400] [9,400]
small arms
improvement.
068 0604100A ANALYSIS OF 6,608 6,608 6,608 6,608
ALTERNATIVES.
069 0604114A LOWER TIER AIR 35,132 35,132 35,132 35,132
MISSILE
DEFENSE
(LTAMD) SENSOR.
070 0604115A TECHNOLOGY 70,047 70,047 70,047 -9,009 61,038
MATURATION
INITIATIVES.
................ Excess [-9,009]
growth.
071 0604120A ASSURED 83,279 83,279 83,279 83,279
POSITIONING,
NAVIGATION AND
TIMING (PNT).
073 0305251A CYBERSPACE 40,510 40,510 40,510 -10,000 30,510
OPERATIONS
FORCES AND
FORCE SUPPORT.
................ Inadequate [-10,000]
justificati
on.
................ SUBTOTAL 550,635 558,135 560,035 -9,609 541,026
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
074 0604201A AIRCRAFT 83,248 83,248 83,248 83,248
AVIONICS.
075 0604270A ELECTRONIC 34,642 34,642 34,642 34,642
WARFARE
DEVELOPMENT.
077 0604290A MID-TIER 12,172 12,172 12,172 12,172
NETWORKING
VEHICULAR
RADIO (MNVR).
078 0604321A ALL SOURCE 3,958 3,958 3,958 3,958
ANALYSIS
SYSTEM.
079 0604328A TRACTOR CAGE... 12,525 12,525 12,525 12,525
080 0604601A INFANTRY 66,943 66,943 66,943 66,943
SUPPORT
WEAPONS.
082 0604611A JAVELIN........ 20,011 20,011 20,011 20,011
083 0604622A FAMILY OF HEAVY 11,429 11,429 11,429 11,429
TACTICAL
VEHICLES.
084 0604633A AIR TRAFFIC 3,421 3,421 3,421 3,421
CONTROL.
085 0604641A TACTICAL 39,282 39,282 39,282 39,282
UNMANNED
GROUND VEHICLE
(TUGV).
086 0604642A LIGHT TACTICAL 494 494 494 494
WHEELED
VEHICLES.
087 0604645A ARMORED SYSTEMS 9,678 9,678 9,678 9,678
MODERNIZATION
(ASM)--ENG DEV.
088 0604710A NIGHT VISION 84,519 84,519 84,519 84,519
SYSTEMS--ENG
DEV.
089 0604713A COMBAT FEEDING, 2,054 2,054 2,054 2,054
CLOTHING, AND
EQUIPMENT.
090 0604715A NON-SYSTEM 30,774 30,774 30,774 30,774
TRAINING
DEVICES--ENG
DEV.
091 0604741A AIR DEFENSE 53,332 61,332 53,332 8,000 61,332
COMMAND,
CONTROL AND
INTELLIGENCE--
ENG DEV.
................ Program [8,000] [8,000]
increase-
all digital
radar
technology
for CRAM.
092 0604742A CONSTRUCTIVE 17,887 17,887 17,887 17,887
SIMULATION
SYSTEMS
DEVELOPMENT.
093 0604746A AUTOMATIC TEST 8,813 8,813 8,813 8,813
EQUIPMENT
DEVELOPMENT.
094 0604760A DISTRIBUTIVE 10,487 10,487 10,487 10,487
INTERACTIVE
SIMULATIONS
(DIS)--ENG DEV.
095 0604780A COMBINED ARMS 15,068 15,068 15,068 15,068
TACTICAL
TRAINER (CATT)
CORE.
096 0604798A BRIGADE 89,716 89,716 89,716 89,716
ANALYSIS,
INTEGRATION
AND EVALUATION.
097 0604802A WEAPONS AND 80,365 80,365 80,365 80,365
MUNITIONS--ENG
DEV.
098 0604804A LOGISTICS AND 75,098 86,198 75,098 11,100 86,198
ENGINEER
EQUIPMENT--ENG
DEV.
................ Program [11,100] [11,100]
Increase-
next
generation
signature
management.
099 0604805A COMMAND, 4,245 4,245 4,245 4,245
CONTROL,
COMMUNICATIONS
SYSTEMS--ENG
DEV.
100 0604807A MEDICAL 41,124 41,124 41,124 41,124
MATERIEL/
MEDICAL
BIOLOGICAL
DEFENSE
EQUIPMENT--ENG
DEV.
101 0604808A LANDMINE 39,630 39,630 39,630 39,630
WARFARE/
BARRIER--ENG
DEV.
102 0604818A ARMY TACTICAL 205,590 205,590 205,590 205,590
COMMAND &
CONTROL
HARDWARE &
SOFTWARE.
103 0604820A RADAR 15,983 15,983 15,983 15,983
DEVELOPMENT.
104 0604822A GENERAL FUND 6,805 6,805 6,805 6,805
ENTERPRISE
BUSINESS
SYSTEM (GFEBS).
105 0604823A FIREFINDER..... 9,235 9,235 9,235 9,235
106 0604827A SOLDIER 12,393 12,393 12,393 12,393
SYSTEMS--WARRI
OR DEM/VAL.
107 0604854A ARTILLERY 1,756 1,756 1,756 1,756
SYSTEMS--EMD.
108 0605013A INFORMATION 74,236 74,236 74,236 74,236
TECHNOLOGY
DEVELOPMENT.
109 0605018A INTEGRATED 155,584 155,584 135,584 -11,000 144,584
PERSONNEL AND
PAY SYSTEM-
ARMY (IPPS-A).
................ Unjustified [-20,000] [-11,000]
growth.
110 0605028A ARMORED MULTI- 184,221 184,221 184,221 184,221
PURPOSE
VEHICLE (AMPV).
111 0605029A INTEGRATED 4,980 4,980 4,980 4,980
GROUND
SECURITY
SURVEILLANCE
RESPONSE
CAPABILITY
(IGSSR-C).
112 0605030A JOINT TACTICAL 15,041 15,041 15,041 15,041
NETWORK CENTER
(JTNC).
113 0605031A JOINT TACTICAL 16,014 16,014 16,014 16,014
NETWORK (JTN).
114 0605032A TRACTOR TIRE... 27,254 27,254 27,254 27,254
115 0605033A GROUND-BASED 5,032 5,032 5,032 5,032
OPERATIONAL
SURVEILLANCE
SYSTEM--EXPEDI
TIONARY (GBOSS-
E).
116 0605034A TACTICAL 2,904 2,904 2,904 2,904
SECURITY
SYSTEM (TSS).
117 0605035A COMMON INFRARED 96,977 96,977 96,977 96,977
COUNTERMEASURE
S (CIRCM).
118 0605036A COMBATING 2,089 2,089 2,089 2,089
WEAPONS OF
MASS
DESTRUCTION
(CWMD).
119 0605041A DEFENSIVE CYBER 33,836 33,836 33,836 33,836
TOOL
DEVELOPMENT.
120 0605042A TACTICAL 18,824 18,824 18,824 18,824
NETWORK RADIO
SYSTEMS (LOW-
TIER).
121 0605047A CONTRACT 20,663 20,663 20,663
WRITING SYSTEM.
................ Unjustified [-20,663]
request.
122 0605051A AIRCRAFT 41,133 41,133 54,133 41,133
SURVIVABILITY
DEVELOPMENT.
................ ASE [13,000]
unfunded
requirement.
123 0605052A INDIRECT FIRE 83,995 83,995 83,995 83,995
PROTECTION
CAPABILITY INC
2--BLOCK 1.
125 0605380A AMF JOINT 5,028 5,028 5,028 5,028
TACTICAL RADIO
SYSTEM (JTRS).
126 0605450A JOINT AIR-TO- 42,972 42,972 42,972 42,972
GROUND MISSILE
(JAGM).
128 0605457A ARMY INTEGRATED 252,811 252,811 252,811 252,811
AIR AND
MISSILE
DEFENSE
(AIAMD).
131 0605766A NATIONAL 4,955 4,955 4,955 4,955
CAPABILITIES
INTEGRATION
(MIP).
132 0605812A JOINT LIGHT 11,530 11,530 11,530 11,530
TACTICAL
VEHICLE (JLTV)
ENGINEERING
AND
MANUFACTURING
DEVELOPMENT PH.
133 0605830A AVIATION GROUND 2,142 2,142 2,142 2,142
SUPPORT
EQUIPMENT.
134 0210609A PALADIN 41,498 41,498 41,498 41,498
INTEGRATED
MANAGEMENT
(PIM).
135 0303032A TROJAN--RH12... 4,273 4,273 4,273 4,273
136 0304270A ELECTRONIC 14,425 14,425 14,425 14,425
WARFARE
DEVELOPMENT.
................ SUBTOTAL 2,265,094 2,284,194 2,237,431 8,100 2,273,194
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ RDT&E
MANAGEMENT
SUPPORT
137 0604256A THREAT 25,675 25,675 25,675 25,675
SIMULATOR
DEVELOPMENT.
138 0604258A TARGET SYSTEMS 19,122 19,122 19,122 19,122
DEVELOPMENT.
139 0604759A MAJOR T&E 84,777 84,777 84,777 84,777
INVESTMENT.
140 0605103A RAND ARROYO 20,658 20,658 20,658 20,658
CENTER.
141 0605301A ARMY KWAJALEIN 236,648 236,648 236,648 236,648
ATOLL.
142 0605326A CONCEPTS 25,596 25,596 25,596 25,596
EXPERIMENTATIO
N PROGRAM.
144 0605601A ARMY TEST 293,748 293,748 293,748 293,748
RANGES AND
FACILITIES.
145 0605602A ARMY TECHNICAL 52,404 52,404 52,404 52,404
TEST
INSTRUMENTATIO
N AND TARGETS.
146 0605604A SURVIVABILITY/ 38,571 38,571 38,571 38,571
LETHALITY
ANALYSIS.
147 0605606A AIRCRAFT 4,665 4,665 4,665 4,665
CERTIFICATION.
148 0605702A METEOROLOGICAL 6,925 6,925 6,925 6,925
SUPPORT TO
RDT&E
ACTIVITIES.
149 0605706A MATERIEL 21,677 21,677 21,677 21,677
SYSTEMS
ANALYSIS.
150 0605709A EXPLOITATION OF 12,415 12,415 12,415 12,415
FOREIGN ITEMS.
151 0605712A SUPPORT OF 49,684 49,684 49,684 49,684
OPERATIONAL
TESTING.
152 0605716A ARMY EVALUATION 55,905 55,905 55,905 55,905
CENTER.
153 0605718A ARMY MODELING & 7,959 7,959 7,959 7,959
SIM X-CMD
COLLABORATION
& INTEG.
154 0605801A PROGRAMWIDE 51,822 51,822 51,822 51,822
ACTIVITIES.
155 0605803A TECHNICAL 33,323 33,323 35,823 33,323
INFORMATION
ACTIVITIES.
................ Program [2,500]
increase
Geospatial.
156 0605805A MUNITIONS 40,545 40,545 40,545 40,545
STANDARDIZATIO
N,
EFFECTIVENESS
AND SAFETY.
157 0605857A ENVIRONMENTAL 2,130 2,130 2,130 2,130
QUALITY
TECHNOLOGY
MGMT SUPPORT.
158 0605898A MANAGEMENT HQ-- 49,885 49,885 49,885 49,885
R&D.
159 0303260A DEFENSE 2,000 2,000 2,000 2,000
MILITARY
DECEPTION
INITIATIVE.
................ SUBTOTAL 1,136,134 1,136,134 1,138,634 1,136,134
RDT&E
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
161 0603778A MLRS PRODUCT 9,663 9,663 9,663 9,663
IMPROVEMENT
PROGRAM.
162 0603813A TRACTOR PULL... 3,960 3,960 3,960 3,960
163 0605024A ANTI-TAMPER 3,638 3,638 3,638 3,638
TECHNOLOGY
SUPPORT.
164 0607131A WEAPONS AND 14,517 14,517 14,517 14,517
MUNITIONS
PRODUCT
IMPROVEMENT
PROGRAMS.
165 0607133A TRACTOR SMOKE.. 4,479 4,479 4,479 4,479
166 0607134A LONG RANGE 39,275 39,275 39,275 39,275
PRECISION
FIRES (LRPF).
167 0607135A APACHE PRODUCT 66,441 66,441 66,441 66,441
IMPROVEMENT
PROGRAM.
168 0607136A BLACKHAWK 46,765 46,765 46,765 46,765
PRODUCT
IMPROVEMENT
PROGRAM.
169 0607137A CHINOOK PRODUCT 91,848 91,848 91,848 91,848
IMPROVEMENT
PROGRAM.
170 0607138A FIXED WING 796 796 796 796
PRODUCT
IMPROVEMENT
PROGRAM.
171 0607139A IMPROVED 126,105 126,105 126,105 126,105
TURBINE ENGINE
PROGRAM.
172 0607140A EMERGING 2,369 2,369 2,369 2,369
TECHNOLOGIES
FROM NIE.
173 0607141A LOGISTICS 4,563 4,563 4,563 4,563
AUTOMATION.
174 0607665A FAMILY OF 12,098 12,098 12,098 12,098
BIOMETRICS.
175 0607865A PATRIOT PRODUCT 49,482 49,482 49,482 49,482
IMPROVEMENT.
176 0202429A AEROSTAT JOINT 45,482 2,482 4,482 -43,000 2,482
PROJECT--COCOM
EXERCISE.
................ Program [-43,000] [-41,000] [-43,000]
reduction.
178 0203728A JOINT AUTOMATED 30,455 30,455 30,455 30,455
DEEP OPERATION
COORDINATION
SYSTEM
(JADOCS).
179 0203735A COMBAT VEHICLE 316,857 316,857 328,857 316,857
IMPROVEMENT
PROGRAMS.
................ APS [12,000]
unfunded
requirement.
180 0203740A MANEUVER 4,031 4,031 4,031 4,031
CONTROL SYSTEM.
181 0203744A AIRCRAFT 35,793 35,793 35,793 35,793
MODIFICATIONS/
PRODUCT
IMPROVEMENT
PROGRAMS.
182 0203752A AIRCRAFT ENGINE 259 259 259 259
COMPONENT
IMPROVEMENT
PROGRAM.
183 0203758A DIGITIZATION... 6,483 6,483 6,483 6,483
184 0203801A MISSILE/AIR 5,122 5,122 5,122 5,122
DEFENSE
PRODUCT
IMPROVEMENT
PROGRAM.
185 0203802A OTHER MISSILE 7,491 7,491 7,491 7,491
PRODUCT
IMPROVEMENT
PROGRAMS.
186 0203808A TRACTOR CARD... 20,333 20,333 20,333 20,333
188 0205410A MATERIALS 124 124 124 124
HANDLING
EQUIPMENT.
190 0205456A LOWER TIER AIR 69,417 69,417 69,417 69,417
AND MISSILE
DEFENSE (AMD)
SYSTEM.
191 0205778A GUIDED MULTIPLE- 22,044 22,044 22,044 22,044
LAUNCH ROCKET
SYSTEM (GMLRS).
192 0208053A JOINT TACTICAL 12,649 12,649 12,649 12,649
GROUND SYSTEM.
194 0303028A SECURITY AND 11,619 11,619 11,619 11,619
INTELLIGENCE
ACTIVITIES.
195 0303140A INFORMATION 38,280 38,280 38,280 38,280
SYSTEMS
SECURITY
PROGRAM.
196 0303141A GLOBAL COMBAT 27,223 27,223 2,023 27,223
SUPPORT SYSTEM.
................ GCSS [-25,200]
unjustified
request.
197 0303142A SATCOM GROUND 18,815 18,815 18,815 18,815
ENVIRONMENT
(SPACE).
198 0303150A WWMCCS/GLOBAL 4,718 4,718 4,718 4,718
COMMAND AND
CONTROL SYSTEM.
202 0305204A TACTICAL 8,218 8,218 8,218 8,218
UNMANNED
AERIAL
VEHICLES.
203 0305206A AIRBORNE 11,799 11,799 11,799 11,799
RECONNAISSANCE
SYSTEMS.
204 0305208A DISTRIBUTED 32,284 32,284 284 32,284
COMMON GROUND/
SURFACE
SYSTEMS.
................ Change in [-32,000]
tactical
requirement
s.
205 0305219A MQ-1C GRAY 13,470 13,470 13,470 13,470
EAGLE UAS.
206 0305232A RQ-11 UAV...... 1,613 1,613 1,613 1,613
207 0305233A RQ-7 UAV....... 4,597 4,597 4,597 4,597
209 0310349A WIN-T INCREMENT 4,867 4,867 4,867 4,867
2--INITIAL
NETWORKING.
210 0708045A END ITEM 62,287 62,287 62,287 62,287
INDUSTRIAL
PREPAREDNESS
ACTIVITIES.
210A 9999999999 CLASSIFIED 4,625 4,625 4,625 4,625
PROGRAMS.
................ SUBTOTAL 1,296,954 1,253,954 1,210,754 -43,000 1,253,954
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 7,515,399 7,519,299 7,455,936 13,291 7,528,690
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ BASIC RESEARCH
001 0601103N UNIVERSITY 101,714 121,714 101,714 20,000 121,714
RESEARCH
INITIATIVES.
................ Program [20,000] [20,000]
increase.
002 0601152N IN-HOUSE 18,508 18,508 18,508 18,508
LABORATORY
INDEPENDENT
RESEARCH.
003 0601153N DEFENSE 422,748 422,748 422,748 422,748
RESEARCH
SCIENCES.
................ SUBTOTAL 542,970 562,970 542,970 20,000 562,970
BASIC
RESEARCH.
................
................ APPLIED
RESEARCH
004 0602114N POWER 41,371 41,371 41,371 41,371
PROJECTION
APPLIED
RESEARCH.
005 0602123N FORCE 158,745 158,745 158,745 158,745
PROTECTION
APPLIED
RESEARCH.
006 0602131M MARINE CORPS 51,590 51,590 51,590 51,590
LANDING FORCE
TECHNOLOGY.
007 0602235N COMMON PICTURE 41,185 41,185 41,185 41,185
APPLIED
RESEARCH.
008 0602236N WARFIGHTER 45,467 45,467 45,467 45,467
SUSTAINMENT
APPLIED
RESEARCH.
009 0602271N ELECTROMAGNETIC 118,941 118,941 118,941 118,941
SYSTEMS
APPLIED
RESEARCH.
010 0602435N OCEAN 42,618 74,618 42,618 30,000 72,618
WARFIGHTING
ENVIRONMENT
APPLIED
RESEARCH.
................ Service [32,000] [30,000]
Life
Extension
Program--AG
OR.
011 0602651M JOINT NON- 6,327 6,327 6,327 6,327
LETHAL WEAPONS
APPLIED
RESEARCH.
012 0602747N UNDERSEA 126,313 126,313 136,313 126,313
WARFARE
APPLIED
RESEARCH.
................ Program [10,000]
increase.
013 0602750N FUTURE NAVAL 165,103 165,103 165,103 165,103
CAPABILITIES
APPLIED
RESEARCH.
014 0602782N MINE AND 33,916 33,916 33,916 33,916
EXPEDITIONARY
WARFARE
APPLIED
RESEARCH.
015 0602898N SCIENCE AND 29,575 29,575 29,575 29,575
TECHNOLOGY
MANAGEMENT--ON
R HEADQUARTERS.
................ SUBTOTAL 861,151 893,151 871,151 30,000 891,151
APPLIED
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
016 0603114N POWER 96,406 106,406 81,406 96,406
PROJECTION
ADVANCED
TECHNOLOGY.
................ General [-15,000]
decrease.
................ Program [10,000]
increase
for common
mount.
017 0603123N FORCE 48,438 48,438 48,438 48,438
PROTECTION
ADVANCED
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC 26,421 26,421 26,421 26,421
SYSTEMS
ADVANCED
TECHNOLOGY.
019 0603640M USMC ADVANCED 140,416 140,416 140,416 140,416
TECHNOLOGY
DEMONSTRATION
(ATD).
020 0603651M JOINT NON- 13,117 13,117 13,117 13,117
LETHAL WEAPONS
TECHNOLOGY
DEVELOPMENT.
021 0603673N FUTURE NAVAL 249,092 249,092 239,092 -2,000 247,092
CAPABILITIES
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................ Capable [-10,000] [-2,000]
manpower,
and power
and energy.
022 0603680N MANUFACTURING 56,712 56,712 56,712 56,712
TECHNOLOGY
PROGRAM.
023 0603729N WARFIGHTER 4,789 4,789 4,789 4,789
PROTECTION
ADVANCED
TECHNOLOGY.
024 0603747N UNDERSEA 25,880 25,880 25,880 25,880
WARFARE
ADVANCED
TECHNOLOGY.
025 0603758N NAVY 60,550 65,550 60,550 60,550
WARFIGHTING
EXPERIMENTS
AND
DEMONSTRATIONS.
................ Program [5,000]
Increase.
026 0603782N MINE AND 15,167 15,167 15,167 15,167
EXPEDITIONARY
WARFARE
ADVANCED
TECHNOLOGY.
................ SUBTOTAL 736,988 751,988 711,988 -2,000 734,988
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
027 0603207N AIR/OCEAN 48,536 48,536 48,536 48,536
TACTICAL
APPLICATIONS.
028 0603216N AVIATION 5,239 5,239 5,239 5,239
SURVIVABILITY.
030 0603251N AIRCRAFT 1,519 1,519 1,519 1,519
SYSTEMS.
031 0603254N ASW SYSTEMS 7,041 7,041 7,041 7,041
DEVELOPMENT.
032 0603261N TACTICAL 3,274 3,274 3,274 3,274
AIRBORNE
RECONNAISSANCE.
033 0603382N ADVANCED COMBAT 57,034 72,034 57,034 -41,538 15,496
SYSTEMS
TECHNOLOGY.
................ Program [15,000]
Increase.
................ Rapid [-30,267]
prototype
development
excess
growth.
................ Unmanned [-11,271]
rapid
prototype
development
excess
growth.
034 0603502N SURFACE AND 165,775 165,775 164,275 -22,227 143,548
SHALLOW WATER
MINE
COUNTERMEASURE
S.
................ Excess [-1,500] [-1,500]
prior year
funds.
................ LDUUV [-13,800]
product
development
excess
growth.
................ USV with [-5,750]
AQS-20
product
development
excess
growth.
................ USV with [-1,177]
AQS-20
support
excess
growth.
035 0603506N SURFACE SHIP 87,066 87,066 87,066 87,066
TORPEDO
DEFENSE.
036 0603512N CARRIER SYSTEMS 7,605 7,605 7,605 7,605
DEVELOPMENT.
037 0603525N PILOT FISH..... 132,068 132,068 132,068 132,068
038 0603527N RETRACT LARCH.. 14,546 14,546 14,546 14,546
039 0603536N RETRACT JUNIPER 115,435 115,435 115,435 115,435
040 0603542N RADIOLOGICAL 702 702 702 702
CONTROL.
041 0603553N SURFACE ASW.... 1,081 1,081 1,081 1,081
042 0603561N ADVANCED 100,565 100,565 100,565 100,565
SUBMARINE
SYSTEM
DEVELOPMENT.
043 0603562N SUBMARINE 8,782 8,782 8,782 8,782
TACTICAL
WARFARE
SYSTEMS.
044 0603563N SHIP CONCEPT 14,590 14,590 14,590 14,590
ADVANCED
DESIGN.
045 0603564N SHIP 15,805 15,805 15,805 15,805
PRELIMINARY
DESIGN &
FEASIBILITY
STUDIES.
046 0603570N ADVANCED 453,313 453,313 453,313 453,313
NUCLEAR POWER
SYSTEMS.
047 0603573N ADVANCED 36,655 36,655 36,655 36,655
SURFACE
MACHINERY
SYSTEMS.
048 0603576N CHALK EAGLE.... 367,016 367,016 367,016 367,016
049 0603581N LITTORAL COMBAT 51,630 51,630 51,630 51,630
SHIP (LCS).
050 0603582N COMBAT SYSTEM 23,530 23,530 23,530 23,530
INTEGRATION.
051 0603595N OHIO 700,811 700,811 700,811 700,811
REPLACEMENT.
052 0603596N LCS MISSION 160,058 129,158 129,158 -30,871 129,187
MODULES.
................ Program [-30,900] [-30,900] [-30,871]
Restructure.
053 0603597N AUTOMATED TEST 8,000 8,000 8,000
AND ANALYSIS.
................ Program [8,000] [8,000]
increase.
054 0603599N FRIGATE 84,900 84,900 84,900 84,900
DEVELOPMENT.
055 0603609N CONVENTIONAL 8,342 8,342 8,342 8,342
MUNITIONS.
056 0603611M MARINE CORPS 158,682 158,682 158,682 -19,920 138,762
ASSAULT
VEHICLES.
................ Product [-19,920]
development
prior year
carryover.
057 0603635M MARINE CORPS 1,303 1,303 1,303 1,303
GROUND COMBAT/
SUPPORT SYSTEM.
058 0603654N JOINT SERVICE 46,911 46,911 46,911 46,911
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
060 0603713N OCEAN 4,556 4,556 4,556 4,556
ENGINEERING
TECHNOLOGY
DEVELOPMENT.
061 0603721N ENVIRONMENTAL 20,343 20,343 20,343 20,343
PROTECTION.
062 0603724N NAVY ENERGY 52,479 52,479 52,479 52,479
PROGRAM.
063 0603725N FACILITIES 5,458 5,458 5,458 5,458
IMPROVEMENT.
064 0603734N CHALK CORAL.... 245,860 245,860 245,860 245,860
065 0603739N NAVY LOGISTIC 3,089 3,089 3,089 3,089
PRODUCTIVITY.
066 0603746N RETRACT MAPLE.. 323,526 323,526 323,526 323,526
067 0603748N LINK PLUMERIA.. 318,497 318,497 318,497 318,497
068 0603751N RETRACT ELM.... 52,834 52,834 52,834 52,834
069 0603764N LINK EVERGREEN. 48,116 48,116 48,116 48,116
070 0603787N SPECIAL 13,619 13,619 13,619 13,619
PROCESSES.
071 0603790N NATO RESEARCH 9,867 9,867 9,867 9,867
AND
DEVELOPMENT.
072 0603795N LAND ATTACK 6,015 6,015 6,015 6,015
TECHNOLOGY.
073 0603851M JOINT NON- 27,904 27,904 27,904 27,904
LETHAL WEAPONS
TESTING.
074 0603860N JOINT PRECISION 104,144 104,144 104,144 -1,422 102,722
APPROACH AND
LANDING
SYSTEMS--DEM/
VAL.
................ UCLASS test [-1,422]
support
unjustified
request.
075 0603925N DIRECTED ENERGY 32,700 32,700 32,700 32,700
AND ELECTRIC
WEAPON SYSTEMS.
076 0604112N GERALD R. FORD 70,528 70,528 70,528 70,528
CLASS NUCLEAR
AIRCRAFT
CARRIER (CVN
78--80).
077 0604122N REMOTE 3,001 3,001 3,001 3,001
MINEHUNTING
SYSTEM (RMS).
078 0604272N TACTICAL AIR 34,920 34,920 34,920 34,920
DIRECTIONAL
INFRARED
COUNTERMEASURE
S (TADIRCM).
080 0604292N MH-XX.......... 1,620 1,620 1,620 1,620
081 0604454N LX (R)......... 6,354 6,354 25,354 6,354
................ Needed to [19,000]
maintain
schedule.
082 0604536N ADVANCED 78,589 78,589 44,189 -34,400 44,189
UNDERSEA
PROTOTYPING.
................ Ahead of [-34,400] [-34,400]
need.
084 0604659N PRECISION 9,910 9,910 9,910 9,910
STRIKE WEAPONS
DEVELOPMENT
PROGRAM.
085 0604707N SPACE AND 23,971 23,971 23,971 23,971
ELECTRONIC
WARFARE (SEW)
ARCHITECTURE/
ENGINEERING
SUPPORT.
086 0604786N OFFENSIVE ANTI- 252,409 252,409 252,409 -2,038 250,371
SURFACE
WARFARE WEAPON
DEVELOPMENT.
................ Increment [-2,038]
II early to
need.
087 0605812M JOINT LIGHT 23,197 23,197 23,197 23,197
TACTICAL
VEHICLE (JLTV)
ENGINEERING
AND
MANUFACTURING
DEVELOPMENT PH.
088 0303354N ASW SYSTEMS 9,110 9,110 9,110 9,110
DEVELOPMENT--M
IP.
089 0304270N ELECTRONIC 437 437 437 437
WARFARE
DEVELOPMENT--M
IP.
................ SUBTOTAL 4,662,867 4,654,967 4,615,067 -144,416 4,518,451
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
090 0603208N TRAINING SYSTEM 19,938 19,938 19,938 19,938
AIRCRAFT.
091 0604212N OTHER HELO 6,268 6,268 6,268 6,268
DEVELOPMENT.
092 0604214N AV-8B AIRCRAFT-- 33,664 33,664 33,664 33,664
ENG DEV.
093 0604215N STANDARDS 1,300 1,300 1,300 1,300
DEVELOPMENT.
094 0604216N MULTI-MISSION 5,275 5,275 5,275 5,275
HELICOPTER
UPGRADE
DEVELOPMENT.
095 0604218N AIR/OCEAN 3,875 3,875 3,875 3,875
EQUIPMENT
ENGINEERING.
096 0604221N P-3 1,909 1,909 1,909 1,909
MODERNIZATION
PROGRAM.
097 0604230N WARFARE SUPPORT 13,237 13,237 13,237 13,237
SYSTEM.
098 0604231N TACTICAL 36,323 36,323 36,323 36,323
COMMAND SYSTEM.
099 0604234N ADVANCED 363,792 363,792 363,792 363,792
HAWKEYE.
100 0604245N H-1 UPGRADES... 27,441 27,441 27,441 27,441
101 0604261N ACOUSTIC SEARCH 34,525 34,525 34,525 34,525
SENSORS.
102 0604262N V-22A.......... 174,423 174,423 174,423 -16,725 157,698
................ Hardware [-8,474]
development
airframe
excess
growth.
................ Refueling [-8,251]
system
development
excess
growth.
103 0604264N AIR CREW 13,577 13,577 13,577 13,577
SYSTEMS
DEVELOPMENT.
104 0604269N EA-18.......... 116,761 116,761 116,761 116,761
105 0604270N ELECTRONIC 48,766 48,766 48,766 48,766
WARFARE
DEVELOPMENT.
106 0604273N EXECUTIVE HELO 338,357 338,357 338,357 338,357
DEVELOPMENT.
107 0604274N NEXT GENERATION 577,822 577,822 577,822 577,822
JAMMER (NGJ).
108 0604280N JOINT TACTICAL 2,365 2,365 2,365 2,365
RADIO SYSTEM--
NAVY (JTRS-
NAVY).
109 0604282N NEXT GENERATION 52,065 52,065 52,065 -10,000 42,065
JAMMER (NGJ)
INCREMENT II.
................ Program [-10,000]
growth.
110 0604307N SURFACE 282,764 282,764 282,764 282,764
COMBATANT
COMBAT SYSTEM
ENGINEERING.
111 0604311N LPD-17 CLASS 580 580 580 580
SYSTEMS
INTEGRATION.
112 0604329N SMALL DIAMETER 97,622 97,622 97,622 97,622
BOMB (SDB).
113 0604366N STANDARD 120,561 120,561 120,561 120,561
MISSILE
IMPROVEMENTS.
114 0604373N AIRBORNE MCM... 45,622 45,622 45,622 45,622
116 0604378N NAVAL 25,750 25,750 25,750 25,750
INTEGRATED
FIRE CONTROL--
COUNTER AIR
SYSTEMS
ENGINEERING.
118 0604501N ADVANCED ABOVE 85,868 85,868 85,868 85,868
WATER SENSORS.
119 0604503N SSN-688 AND 117,476 117,476 117,476 117,476
TRIDENT
MODERNIZATION.
120 0604504N AIR CONTROL.... 47,404 47,404 47,404 47,404
121 0604512N SHIPBOARD 112,158 112,158 112,158 112,158
AVIATION
SYSTEMS.
122 0604518N COMBAT 6,283 6,283 6,283 6,283
INFORMATION
CENTER
CONVERSION.
123 0604522N AIR AND MISSILE 144,395 144,395 144,395 144,395
DEFENSE RADAR
(AMDR) SYSTEM.
124 0604558N NEW DESIGN SSN. 113,013 113,013 113,013 113,013
125 0604562N SUBMARINE 43,160 43,160 43,160 43,160
TACTICAL
WARFARE SYSTEM.
126 0604567N SHIP CONTRACT 65,002 85,002 65,002 20,000 85,002
DESIGN/ LIVE
FIRE T&E.
................ CVN Design. [20,000] [20,000]
127 0604574N NAVY TACTICAL 3,098 3,098 3,098 3,098
COMPUTER
RESOURCES.
128 0604580N VIRGINIA 97,920 97,920 97,920 97,920
PAYLOAD MODULE
(VPM).
129 0604601N MINE 10,490 10,490 10,490 10,490
DEVELOPMENT.
130 0604610N LIGHTWEIGHT 20,178 20,178 20,178 20,178
TORPEDO
DEVELOPMENT.
131 0604654N JOINT SERVICE 7,369 7,369 7,369 7,369
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
132 0604703N PERSONNEL, 4,995 4,995 4,995 4,995
TRAINING,
SIMULATION,
AND HUMAN
FACTORS.
133 0604727N JOINT STANDOFF 412 412 412 412
WEAPON SYSTEMS.
134 0604755N SHIP SELF 134,619 134,619 134,619 134,619
DEFENSE
(DETECT &
CONTROL).
135 0604756N SHIP SELF 114,475 105,475 114,475 -9,000 105,475
DEFENSE
(ENGAGE: HARD
KILL).
................ Program [-9,000] [-9,000]
Execution.
136 0604757N SHIP SELF 114,211 114,211 114,211 -3,000 111,211
DEFENSE
(ENGAGE: SOFT
KILL/EW).
................ Decoy [-3,000]
development
effort
unjustified
growth.
137 0604761N INTELLIGENCE 11,029 11,029 11,029 11,029
ENGINEERING.
138 0604771N MEDICAL 9,220 9,220 9,220 9,220
DEVELOPMENT.
139 0604777N NAVIGATION/ID 42,723 42,723 42,723 42,723
SYSTEM.
140 0604800M JOINT STRIKE 531,426 531,426 531,426 531,426
FIGHTER (JSF)--
EMD.
141 0604800N JOINT STRIKE 528,716 528,716 528,716 528,716
FIGHTER (JSF)--
EMD.
142 0604810M JOINT STRIKE 74,227 74,227 74,227 -2,250 71,977
FIGHTER FOLLOW
ON
DEVELOPMENT--M
ARINE CORPS.
................ Follow-on [-2,250]
development
excess
funds.
143 0604810N JOINT STRIKE 63,387 63,387 63,387 -2,250 61,137
FIGHTER FOLLOW
ON
DEVELOPMENT--N
AVY.
................ Follow-on [-2,250]
development
excess
funds.
144 0605013M INFORMATION 4,856 4,856 4,856 4,856
TECHNOLOGY
DEVELOPMENT.
145 0605013N INFORMATION 97,066 97,066 97,066 97,066
TECHNOLOGY
DEVELOPMENT.
146 0605024N ANTI-TAMPER 2,500 2,500 2,500 2,500
TECHNOLOGY
SUPPORT.
147 0605212N CH-53K RDTE.... 404,810 404,810 404,810 -31,513 373,297
................ Program [-31,513]
delay.
148 0605215N MISSION 33,570 33,570 33,570 33,570
PLANNING.
149 0605217N COMMON AVIONICS 51,599 51,599 51,599 51,599
150 0605220N SHIP TO SHORE 11,088 11,088 11,088 11,088
CONNECTOR
(SSC).
151 0605327N T-AO (X)....... 1,095 1,095 1,095 1,095
152 0605414N MQ-XX.......... 89,000 77,000 89,000 -12,000 77,000
................ Excess [-12,000] [-12,000]
Obligation.
153 0605450N JOINT AIR-TO- 17,880 17,880 17,880 17,880
GROUND MISSILE
(JAGM).
154 0605500N MULTI-MISSION 59,126 59,126 59,126 59,126
MARITIME
AIRCRAFT (MMA).
155 0605504N MULTI-MISSION 182,220 182,220 182,220 -30,000 152,220
MARITIME (MMA)
INCREMENT III.
................ Program [-30,000]
execution.
156 0204202N DDG-1000....... 45,642 45,642 45,642 45,642
159 0304231N TACTICAL 676 676 676 676
COMMAND
SYSTEM--MIP.
160 0304785N TACTICAL 36,747 36,747 36,747 36,747
CRYPTOLOGIC
SYSTEMS.
161 0305124N SPECIAL 35,002 35,002 35,002 35,002
APPLICATIONS
PROGRAM.
162 0306250M CYBER 4,942 4,942 6,726 4,942
OPERATIONS
TECHNOLOGY
DEVELOPMENT.
................ Full [1,784]
spectrum
cyber
operations
unfunded
requirement.
................ SUBTOTAL 6,025,655 6,024,655 6,027,439 -96,738 5,928,917
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ MANAGEMENT
SUPPORT
163 0604256N THREAT 16,633 16,633 16,633 16,633
SIMULATOR
DEVELOPMENT.
164 0604258N TARGET SYSTEMS 36,662 36,662 36,662 36,662
DEVELOPMENT.
165 0604759N MAJOR T&E 42,109 42,109 42,109 42,109
INVESTMENT.
166 0605126N JOINT THEATER 2,998 2,998 2,998 2,998
AIR AND
MISSILE
DEFENSE
ORGANIZATION.
167 0605152N STUDIES AND 3,931 3,931 3,931 3,931
ANALYSIS
SUPPORT--NAVY.
168 0605154N CENTER FOR 46,634 46,634 46,634 46,634
NAVAL ANALYSES.
169 0605285N NEXT GENERATION 1,200 1,200 1,200 1,200
FIGHTER.
171 0605804N TECHNICAL 903 903 903 903
INFORMATION
SERVICES.
172 0605853N MANAGEMENT, 87,077 87,077 76,277 87,077
TECHNICAL &
INTERNATIONAL
SUPPORT.
................ Unjustified [-10,800]
growth.
173 0605856N STRATEGIC 3,597 3,597 3,597 3,597
TECHNICAL
SUPPORT.
174 0605861N RDT&E SCIENCE 62,811 62,811 62,811 62,811
AND TECHNOLOGY
MANAGEMENT.
175 0605863N RDT&E SHIP AND 106,093 106,093 106,093 106,093
AIRCRAFT
SUPPORT.
176 0605864N TEST AND 349,146 349,146 349,146 349,146
EVALUATION
SUPPORT.
177 0605865N OPERATIONAL 18,160 18,160 18,160 18,160
TEST AND
EVALUATION
CAPABILITY.
178 0605866N NAVY SPACE AND 9,658 9,658 9,658 9,658
ELECTRONIC
WARFARE (SEW)
SUPPORT.
179 0605867N SEW 6,500 6,500 6,500 6,500
SURVEILLANCE/
RECONNAISSANCE
SUPPORT.
180 0605873M MARINE CORPS 22,247 22,247 22,247 22,247
PROGRAM WIDE
SUPPORT.
181 0605898N MANAGEMENT HQ-- 16,254 16,254 16,254 16,254
R&D.
182 0606355N WARFARE 21,123 21,123 21,123 21,123
INNOVATION
MANAGEMENT.
................ SUBTOTAL 853,736 853,736 842,936 853,736
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
188 0607658N COOPERATIVE 84,501 84,501 84,501 84,501
ENGAGEMENT
CAPABILITY
(CEC).
189 0607700N DEPLOYABLE 2,970 2,970 2,970 2,970
JOINT COMMAND
AND CONTROL.
190 0101221N STRATEGIC SUB & 136,556 136,556 136,556 136,556
WEAPONS SYSTEM
SUPPORT.
191 0101224N SSBN SECURITY 33,845 33,845 33,845 33,845
TECHNOLOGY
PROGRAM.
192 0101226N SUBMARINE 9,329 9,329 9,329 9,329
ACOUSTIC
WARFARE
DEVELOPMENT.
193 0101402N NAVY STRATEGIC 17,218 17,218 17,218 17,218
COMMUNICATIONS.
195 0204136N F/A-18 189,125 189,125 189,125 189,125
SQUADRONS.
196 0204163N FLEET 48,225 48,225 48,225 48,225
TELECOMMUNICAT
IONS
(TACTICAL).
197 0204228N SURFACE SUPPORT 21,156 21,156 21,156 21,156
198 0204229N TOMAHAWK AND 71,355 71,355 71,355 71,355
TOMAHAWK
MISSION
PLANNING
CENTER (TMPC).
199 0204311N INTEGRATED 58,542 58,542 58,542 -1,484 57,058
SURVEILLANCE
SYSTEM.
................ TASW [-1,484]
prototypes
excess
growth.
200 0204413N AMPHIBIOUS 13,929 13,929 13,929 13,929
TACTICAL
SUPPORT UNITS
(DISPLACEMENT
CRAFT).
201 0204460M GROUND/AIR TASK 83,538 83,538 83,538 83,538
ORIENTED RADAR
(G/ATOR).
202 0204571N CONSOLIDATED 38,593 38,593 38,593 38,593
TRAINING
SYSTEMS
DEVELOPMENT.
203 0204574N CRYPTOLOGIC 1,122 1,122 1,122 1,122
DIRECT SUPPORT.
204 0204575N ELECTRONIC 99,998 99,998 99,998 99,998
WARFARE (EW)
READINESS
SUPPORT.
205 0205601N HARM 48,635 48,635 48,635 48,635
IMPROVEMENT.
206 0205604N TACTICAL DATA 124,785 124,785 124,785 124,785
LINKS.
207 0205620N SURFACE ASW 24,583 24,583 24,583 24,583
COMBAT SYSTEM
INTEGRATION.
208 0205632N MK-48 ADCAP.... 39,134 39,134 39,134 39,134
209 0205633N AVIATION 120,861 120,861 120,861 120,861
IMPROVEMENTS.
210 0205675N OPERATIONAL 101,786 101,786 101,786 101,786
NUCLEAR POWER
SYSTEMS.
211 0206313M MARINE CORPS 82,159 82,159 82,159 82,159
COMMUNICATIONS
SYSTEMS.
212 0206335M COMMON AVIATION 11,850 11,850 11,850 11,850
COMMAND AND
CONTROL SYSTEM
(CAC2S).
213 0206623M MARINE CORPS 47,877 47,877 47,877 47,877
GROUND COMBAT/
SUPPORTING
ARMS SYSTEMS.
214 0206624M MARINE CORPS 13,194 13,194 13,194 13,194
COMBAT
SERVICES
SUPPORT.
215 0206625M USMC 17,171 17,171 17,171 17,171
INTELLIGENCE/
ELECTRONIC
WARFARE
SYSTEMS (MIP).
216 0206629M AMPHIBIOUS 38,020 38,020 38,020 38,020
ASSAULT
VEHICLE.
217 0207161N TACTICAL AIM 56,285 56,285 56,285 56,285
MISSILES.
218 0207163N ADVANCED MEDIUM 40,350 40,350 40,350 40,350
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
219 0219902M GLOBAL COMBAT 9,128 9,128 9,128 9,128
SUPPORT
SYSTEM--MARINE
CORPS (GCSS-
MC).
223 0303109N SATELLITE 37,372 37,372 37,372 37,372
COMMUNICATIONS
(SPACE).
224 0303138N CONSOLIDATED 23,541 23,541 23,541 23,541
AFLOAT NETWORK
ENTERPRISE
SERVICES
(CANES).
225 0303140N INFORMATION 38,510 38,510 38,510 38,510
SYSTEMS
SECURITY
PROGRAM.
228 0305192N MILITARY 6,019 6,019 6,019 6,019
INTELLIGENCE
PROGRAM (MIP)
ACTIVITIES.
229 0305204N TACTICAL 8,436 8,436 8,436 8,436
UNMANNED
AERIAL
VEHICLES.
230 0305205N UAS INTEGRATION 36,509 36,509 36,509 -3,000 33,509
AND
INTEROPERABILI
TY.
................ Prior year [-3,000]
carryover.
231 0305208M DISTRIBUTED 2,100 2,100 2,100 2,100
COMMON GROUND/
SURFACE
SYSTEMS.
232 0305208N DISTRIBUTED 44,571 44,571 44,571 44,571
COMMON GROUND/
SURFACE
SYSTEMS.
233 0305220N MQ-4C TRITON... 111,729 111,729 111,729 111,729
234 0305231N MQ-8 UAV....... 26,518 26,518 26,518 26,518
235 0305232M RQ-11 UAV...... 418 418 418 418
236 0305233N RQ-7 UAV....... 716 716 716 716
237 0305234N SMALL (LEVEL 0) 5,071 5,071 5,071 5,071
TACTICAL UAS
(STUASL0).
238 0305239M RQ-21A......... 9,497 9,497 9,497 9,497
239 0305241N MULTI- 77,965 77,965 77,965 77,965
INTELLIGENCE
SENSOR
DEVELOPMENT.
240 0305242M UNMANNED AERIAL 11,181 11,181 11,181 11,181
SYSTEMS (UAS)
PAYLOADS (MIP).
241 0305421N RQ-4 181,266 181,266 181,266 181,266
MODERNIZATION.
242 0308601N MODELING AND 4,709 4,709 4,709 4,709
SIMULATION
SUPPORT.
243 0702207N DEPOT 49,322 54,322 49,322 49,322
MAINTENANCE
(NON-IF).
................ MH-60 Fleet [5,000]
Mid-Life
Upgrades.
245 0708730N MARITIME 3,204 3,204 3,204 3,204
TECHNOLOGY
(MARITECH).
245A 9999999999 CLASSIFIED 1,228,460 1,228,460 1,228,460 1,228,460
PROGRAMS.
................ SUBTOTAL 3,592,934 3,597,934 3,592,934 -4,484 3,588,450
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 17,276,301 17,339,401 17,204,485 -197,638 17,078,663
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
AF
................ BASIC RESEARCH
001 0601102F DEFENSE 340,812 340,812 340,812 340,812
RESEARCH
SCIENCES.
002 0601103F UNIVERSITY 145,044 145,044 145,044 145,044
RESEARCH
INITIATIVES.
003 0601108F HIGH ENERGY 14,168 14,168 14,168 14,168
LASER RESEARCH
INITIATIVES.
................ SUBTOTAL 500,024 500,024 500,024 500,024
BASIC
RESEARCH.
................
................ APPLIED
RESEARCH
004 0602102F MATERIALS...... 126,152 131,152 126,152 5,000 131,152
................ Precision [5,000] [5,000]
measuring
tools.
005 0602201F AEROSPACE 122,831 127,831 122,831 5,000 127,831
VEHICLE
TECHNOLOGIES.
................ Reusable [5,000] [5,000]
Hypersonic
vehicle
structures
development.
006 0602202F HUMAN 111,647 116,647 111,647 111,647
EFFECTIVENESS
APPLIED
RESEARCH.
................ Human- [5,000]
Machine
Teaming.
007 0602203F AEROSPACE 185,671 185,671 190,671 5,000 190,671
PROPULSION.
................ Program [5,000] [5,000]
increase.
008 0602204F AEROSPACE 155,174 155,174 155,174 155,174
SENSORS.
009 0602601F SPACE 117,915 117,915 117,915 117,915
TECHNOLOGY.
010 0602602F CONVENTIONAL 109,649 109,649 109,649 109,649
MUNITIONS.
011 0602605F DIRECTED ENERGY 127,163 127,163 127,163 127,163
TECHNOLOGY.
012 0602788F DOMINANT 161,650 161,650 161,650 161,650
INFORMATION
SCIENCES AND
METHODS.
013 0602890F HIGH ENERGY 42,300 42,300 47,300 42,300
LASER RESEARCH.
................ Joint [5,000]
technology
office.
................ SUBTOTAL 1,260,152 1,275,152 1,270,152 15,000 1,275,152
APPLIED
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
014 0603112F ADVANCED 35,137 45,137 35,137 10,000 45,137
MATERIALS FOR
WEAPON SYSTEMS.
................ Metals [10,000] [10,000]
Affordabili
ty
Initiative.
015 0603199F SUSTAINMENT 20,636 20,636 20,636 20,636
SCIENCE AND
TECHNOLOGY
(S&T).
016 0603203F ADVANCED 40,945 40,945 40,945 40,945
AEROSPACE
SENSORS.
017 0603211F AEROSPACE 130,950 130,950 130,950 130,950
TECHNOLOGY DEV/
DEMO.
018 0603216F AEROSPACE 94,594 99,594 99,594 5,000 99,594
PROPULSION AND
POWER
TECHNOLOGY.
................ Silicon [5,000] [5,000] [5,000]
Carbide for
aerospace
power
application.
019 0603270F ELECTRONIC 58,250 58,250 53,250 58,250
COMBAT
TECHNOLOGY.
................ General [-5,000]
decrease.
020 0603401F ADVANCED 61,593 61,593 61,593 61,593
SPACECRAFT
TECHNOLOGY.
021 0603444F MAUI SPACE 11,681 11,681 11,681 11,681
SURVEILLANCE
SYSTEM (MSSS).
022 0603456F HUMAN 26,492 26,492 26,492 26,492
EFFECTIVENESS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
023 0603601F CONVENTIONAL 102,009 102,009 102,009 102,009
WEAPONS
TECHNOLOGY.
024 0603605F ADVANCED 39,064 39,064 39,064 39,064
WEAPONS
TECHNOLOGY.
025 0603680F MANUFACTURING 46,344 46,344 46,344 46,344
TECHNOLOGY
PROGRAM.
026 0603788F BATTLESPACE 58,110 58,110 48,110 58,110
KNOWLEDGE
DEVELOPMENT
AND
DEMONSTRATION.
................ Unjustified [-10,000]
increase.
................ SUBTOTAL 725,805 740,805 715,805 15,000 740,805
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
027 0603260F INTELLIGENCE 5,598 5,598 5,598 5,598
ADVANCED
DEVELOPMENT.
028 0603438F SPACE CONTROL 7,534 7,534 7,534 7,534
TECHNOLOGY.
029 0603742F COMBAT 24,418 24,418 24,418 24,418
IDENTIFICATION
TECHNOLOGY.
030 0603790F NATO RESEARCH 4,333 4,333 4,333 4,333
AND
DEVELOPMENT.
032 0603830F SPACE SECURITY 32,399 32,399 32,399 32,399
AND DEFENSE
PROGRAM.
033 0603851F INTERCONTINENTA 108,663 108,663 108,663 108,663
L BALLISTIC
MISSILE--DEM/
VAL.
035 0604015F LONG RANGE 1,358,309 1,358,309 1,056,009 1,358,309
STRIKE--BOMBER.
................ Excess to [-302,300]
contract
award.
036 0604257F ADVANCED 34,818 34,818 34,818 34,818
TECHNOLOGY AND
SENSORS.
037 0604317F TECHNOLOGY 3,368 3,368 3,368 3,368
TRANSFER.
038 0604327F HARD AND DEEPLY 74,308 74,308 74,308 74,308
BURIED TARGET
DEFEAT SYSTEM
(HDBTDS)
PROGRAM.
039 0604422F WEATHER SYSTEM 118,953 113,953 118,953 -5,000 113,953
FOLLOW-ON.
................ Transfer [-5,000] [-5,000]
Cloud
Characteriz
ation and
Theater
Weather
Imagery to
NRO.
040 0604425F SPACE SITUATION 9,901 9,901 9,901 9,901
AWARENESS
SYSTEMS.
041 0604776F DEPLOYMENT & 25,890 25,890 25,890 25,890
DISTRIBUTION
ENTERPRISE R&D.
042 0604857F OPERATIONALLY 7,921 27,921 17,921 10,500 18,421
RESPONSIVE
SPACE.
................ Program [20,000] [10,000] [10,500]
increase.
043 0604858F TECH TRANSITION 347,304 347,304 347,304 347,304
PROGRAM.
044 0605230F GROUND BASED 113,919 113,919 113,919 113,919
STRATEGIC
DETERRENT.
046 0207110F NEXT GENERATION 20,595 15,595 20,595 20,595
AIR DOMINANCE.
................ Program [-5,000]
reduction.
047 0207455F THREE 49,491 39,491 49,491 49,491
DIMENSIONAL
LONG-RANGE
RADAR (3DELRR).
................ Excess [-10,000]
funding to
need.
048 0305164F NAVSTAR GLOBAL 278,147 278,147 278,147 278,147
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
049 0305236F COMMON DATA 42,338 42,338 42,338 42,338
LINK EXECUTIVE
AGENT (CDL EA).
050 0306250F CYBER 158,002 158,002 158,002 158,002
OPERATIONS
TECHNOLOGY
DEVELOPMENT.
051 0306415F ENABLED CYBER 15,842 15,842 15,842 15,842
ACTIVITIES.
052 0901410F CONTRACTING 5,782 5,782 5,782 5,782
INFORMATION
TECHNOLOGY
SYSTEM.
................ SUBTOTAL 2,847,833 2,847,833 2,555,533 5,500 2,853,333
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
054 0604270F ELECTRONIC 12,476 12,476 12,476 -3,300 9,176
WARFARE
DEVELOPMENT.
................ Improved [-3,300]
GPS.
055 0604281F TACTICAL DATA 82,380 82,380 82,380 82,380
NETWORKS
ENTERPRISE.
056 0604287F PHYSICAL 8,458 8,458 8,458 8,458
SECURITY
EQUIPMENT.
057 0604329F SMALL DIAMETER 54,838 54,838 54,838 -7,800 47,038
BOMB (SDB)--
EMD.
................ Improved [-7,800]
GPS.
058 0604421F COUNTERSPACE 34,394 34,394 34,394 34,394
SYSTEMS.
059 0604425F SPACE SITUATION 23,945 23,945 23,945 23,945
AWARENESS
SYSTEMS.
060 0604426F SPACE FENCE.... 168,364 168,364 168,364 168,364
061 0604429F AIRBORNE 9,187 9,187 9,187 9,187
ELECTRONIC
ATTACK.
062 0604441F SPACE BASED 181,966 181,966 181,966 181,966
INFRARED
SYSTEM (SBIRS)
HIGH EMD.
063 0604602F ARMAMENT/ 20,312 20,312 20,312 20,312
ORDNANCE
DEVELOPMENT.
064 0604604F SUBMUNITIONS... 2,503 2,503 2,503 2,503
065 0604617F AGILE COMBAT 53,680 53,680 53,680 53,680
SUPPORT.
066 0604618F JOINT DIRECT 9,901 9,901 9,901 9,901
ATTACK
MUNITION.
067 0604706F LIFE SUPPORT 7,520 7,520 7,520 7,520
SYSTEMS.
068 0604735F COMBAT TRAINING 77,409 77,409 77,409 77,409
RANGES.
069 0604800F F-35--EMD...... 450,467 450,467 450,467 450,467
070 0604853F EVOLVED 296,572 100,000 296,572 -136,572 160,000
EXPENDABLE
LAUNCH VEHICLE
PROGRAM
(SPACE)--EMD.
................ Launch [100,000] [160,000]
System
Development.
................ Next [-296,572] [-296,572]
Generation
Launch
System
Investment.
070A 0604XXXF ROCKET 220,000 220,000 220,000
PROPULSION
SYSTEM.
................ Rocket [220,000] [220,000]
Propulsion
System
Replacement
of RD-180.
071 0604932F LONG RANGE 95,604 95,604 95,604 95,604
STANDOFF
WEAPON.
072 0604933F ICBM FUZE 189,751 189,751 189,751 189,751
MODERNIZATION.
073 0605030F JOINT TACTICAL 1,131 1,131 1,131 1,131
NETWORK CENTER
(JTNC).
074 0605213F F-22 70,290 70,290 70,290 70,290
MODERNIZATION
INCREMENT 3.2B.
075 0605214F GROUND ATTACK 937 937 937 937
WEAPONS FUZE
DEVELOPMENT.
076 0605221F KC-46.......... 261,724 121,724 121,724 -140,000 121,724
................ Scope [-140,000] [-140,000] [-140,000]
Reduction.
077 0605223F ADVANCED PILOT 12,377 12,377 4,477 -5,000 7,377
TRAINING.
................ Early to [-7,900] [-5,000]
need.
078 0605229F CSAR HH-60 319,331 319,331 319,331 -15,000 304,331
RECAPITALIZATI
ON.
................ Forward [-15,000]
financing.
080 0605431F ADVANCED EHF 259,131 259,131 229,131 -30,000 229,131
MILSATCOM
(SPACE).
................ Delayed [-30,000] [-30,000]
analysis of
alternative
s.
081 0605432F POLAR MILSATCOM 50,815 50,815 50,815 50,815
(SPACE).
082 0605433F WIDEBAND GLOBAL 41,632 41,632 41,632 10,000 51,632
SATCOM (SPACE).
................ COMSATCOM [10,000]
pilot
program.
083 0605458F AIR & SPACE OPS 28,911 28,911 28,911 28,911
CENTER 10.2
RDT&E.
084 0605931F B-2 DEFENSIVE 315,615 288,957 288,915 -26,700 288,915
MANAGEMENT
SYSTEM.
................ Scope [-26,658] [-26,700] [-26,700]
Reduction.
085 0101125F NUCLEAR WEAPONS 137,909 137,909 137,909 137,909
MODERNIZATION.
086 0207171F F-15 EPAWSS.... 256,669 256,669 256,669 256,669
087 0207701F FULL COMBAT 12,051 12,051 12,051 12,051
MISSION
TRAINING.
088 0305176F COMBAT SURVIVOR 29,253 29,253 29,253 29,253
EVADER LOCATOR.
089 0307581F JSTARS RECAP... 128,019 128,019 128,019 128,019
090 0401319F PRESIDENTIAL 351,220 351,220 351,220 351,220
AIRCRAFT
REPLACEMENT
(PAR).
091 0701212F AUTOMATED TEST 19,062 19,062 19,062 19,062
SYSTEMS.
................ SUBTOTAL 4,075,804 3,932,574 3,871,204 -134,372 3,941,432
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ MANAGEMENT
SUPPORT
092 0604256F THREAT 21,630 21,630 21,630 21,630
SIMULATOR
DEVELOPMENT.
093 0604759F MAJOR T&E 66,385 66,385 66,385 66,385
INVESTMENT.
094 0605101F RAND PROJECT 34,641 34,641 34,641 34,641
AIR FORCE.
096 0605712F INITIAL 11,529 11,529 11,529 11,529
OPERATIONAL
TEST &
EVALUATION.
097 0605807F TEST AND 661,417 661,417 661,417 661,417
EVALUATION
SUPPORT.
098 0605860F ROCKET SYSTEMS 11,198 11,198 11,198 11,198
LAUNCH PROGRAM
(SPACE).
099 0605864F SPACE TEST 27,070 27,070 27,070 27,070
PROGRAM (STP).
100 0605976F FACILITIES 134,111 134,111 134,111 134,111
RESTORATION
AND
MODERNIZATION-
-TEST AND
EVALUATION
SUPPORT.
101 0605978F FACILITIES 28,091 28,091 28,091 28,091
SUSTAINMENT--T
EST AND
EVALUATION
SUPPORT.
102 0606017F REQUIREMENTS 29,100 29,100 29,100 29,100
ANALYSIS AND
MATURATION.
103 0606116F SPACE TEST AND 18,528 18,528 18,528 18,528
TRAINING RANGE
DEVELOPMENT.
104 0606392F SPACE AND 176,666 176,666 176,666 176,666
MISSILE CENTER
(SMC) CIVILIAN
WORKFORCE.
105 0308602F ENTEPRISE 4,410 4,410 4,410 4,410
INFORMATION
SERVICES (EIS).
106 0702806F ACQUISITION AND 14,613 14,613 14,613 14,613
MANAGEMENT
SUPPORT.
107 0804731F GENERAL SKILL 1,404 1,404 1,404 1,404
TRAINING.
109 1001004F INTERNATIONAL 4,784 4,784 4,784 4,784
ACTIVITIES.
................ SUBTOTAL 1,245,577 1,245,577 1,245,577 1,245,577
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
110 0603423F GLOBAL 393,268 393,268 393,268 393,268
POSITIONING
SYSTEM III--
OPERATIONAL
CONTROL
SEGMENT.
111 0604233F SPECIALIZED 15,427 15,427 15,427 15,427
UNDERGRADUATE
FLIGHT
TRAINING.
112 0604445F WIDE AREA 46,695 46,695 46,695 46,695
SURVEILLANCE.
115 0605018F AF INTEGRATED 10,368 10,368 10,368 10,368
PERSONNEL AND
PAY SYSTEM (AF-
IPPS).
116 0605024F ANTI-TAMPER 31,952 31,952 31,952 31,952
TECHNOLOGY
EXECUTIVE
AGENCY.
117 0605117F FOREIGN 42,960 42,960 42,960 42,960
MATERIEL
ACQUISITION
AND
EXPLOITATION.
118 0605278F HC/MC-130 RECAP 13,987 13,987 13,987 13,987
RDT&E.
119 0101113F B-52 SQUADRONS. 78,267 78,267 78,267 78,267
120 0101122F AIR-LAUNCHED 453 453 453 453
CRUISE MISSILE
(ALCM).
121 0101126F B-1B SQUADRONS. 5,830 5,830 5,830 5,830
122 0101127F B-2 SQUADRONS.. 152,458 152,458 152,458 152,458
123 0101213F MINUTEMAN 182,958 182,958 182,958 182,958
SQUADRONS.
124 0101313F STRAT WAR 39,148 39,148 39,148 39,148
PLANNING
SYSTEM--USSTRA
TCOM.
126 0101316F WORLDWIDE JOINT 6,042 6,042 6,042 6,042
STRATEGIC
COMMUNICATIONS.
128 0102110F UH-1N 14,116 14,116 14,116 14,116
REPLACEMENT
PROGRAM.
129 0102326F REGION/SECTOR 10,868 10,868 10,868 10,868
OPERATION
CONTROL CENTER
MODERNIZATION
PROGRAM.
130 0105921F SERVICE SUPPORT 8,674 8,674 8,674 8,674
TO STRATCOM--
SPACE
ACTIVITIES.
131 0205219F MQ-9 UAV....... 151,373 200,373 186,473 10,000 161,373
................ Auto take- [35,000] [35,100] [10,000]
off and
landing
capability.
................ Tactical [14,000]
Datalink
Integration.
133 0207131F A-10 SQUADRONS. 14,853 14,853 14,853 14,853
134 0207133F F-16 SQUADRONS. 132,795 132,795 132,795 132,795
135 0207134F F-15E SQUADRONS 356,717 356,717 356,717 356,717
136 0207136F MANNED 14,773 14,773 14,773 14,773
DESTRUCTIVE
SUPPRESSION.
137 0207138F F-22A SQUADRONS 387,564 387,564 387,564 -8,100 379,464
................ Improved [-8,100]
GPS.
138 0207142F F-35 SQUADRONS. 153,045 153,045 153,045 -5,500 147,545
................ Follow-on [-5,500]
development
-excess
funds.
139 0207161F TACTICAL AIM 52,898 52,898 52,898 52,898
MISSILES.
140 0207163F ADVANCED MEDIUM 62,470 62,470 62,470 62,470
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
143 0207227F COMBAT RESCUE-- 362 362 362 362
PARARESCUE.
144 0207247F AF TENCAP...... 28,413 31,613 28,413 28,413
................ Restore [3,200]
FY16 level.
145 0207249F PRECISION 649 649 649 649
ATTACK SYSTEMS
PROCUREMENT.
146 0207253F COMPASS CALL... 13,723 50,823 13,723 37,100 50,823
................ Compass [37,100] [37,100]
Call
Program
Restructure.
147 0207268F AIRCRAFT ENGINE 109,859 109,859 109,859 109,859
COMPONENT
IMPROVEMENT
PROGRAM.
148 0207325F JOINT AIR-TO- 30,002 30,002 30,002 30,002
SURFACE
STANDOFF
MISSILE
(JASSM).
149 0207410F AIR & SPACE 37,621 37,621 37,621 -12,278 25,343
OPERATIONS
CENTER (AOC).
................ Weapon [-12,278]
system
modificatio
n.
150 0207412F CONTROL AND 13,292 13,292 13,292 13,292
REPORTING
CENTER (CRC).
151 0207417F AIRBORNE 86,644 86,644 86,644 86,644
WARNING AND
CONTROL SYSTEM
(AWACS).
152 0207418F TACTICAL 2,442 2,442 2,442 2,442
AIRBORNE
CONTROL
SYSTEMS.
154 0207431F COMBAT AIR 10,911 15,911 10,911 5,000 15,911
INTELLIGENCE
SYSTEM
ACTIVITIES.
................ Geospatial [5,000] [5,000]
software
development.
155 0207444F TACTICAL AIR 11,843 11,843 11,843 11,843
CONTROL PARTY-
MOD.
156 0207448F C2ISR TACTICAL 1,515 1,515 1,515 1,515
DATA LINK.
157 0207452F DCAPES......... 14,979 14,979 14,979 14,979
158 0207590F SEEK EAGLE..... 25,308 25,308 25,308 25,308
159 0207601F USAF MODELING 16,666 16,666 16,666 16,666
AND SIMULATION.
160 0207605F WARGAMING AND 4,245 4,245 4,245 4,245
SIMULATION
CENTERS.
161 0207697F DISTRIBUTED 3,886 3,886 3,886 3,886
TRAINING AND
EXERCISES.
162 0208006F MISSION 71,785 71,785 71,785 71,785
PLANNING
SYSTEMS.
164 0208087F AF OFFENSIVE 25,025 25,025 25,025 25,025
CYBERSPACE
OPERATIONS.
165 0208088F AF DEFENSIVE 29,439 29,439 29,439 29,439
CYBERSPACE
OPERATIONS.
168 0301017F GLOBAL SENSOR 3,470 3,470 3,470 3,470
INTEGRATED ON
NETWORK (GSIN).
169 0301112F NUCLEAR 4,060 4,060 4,060 4,060
PLANNING AND
EXECUTION
SYSTEM (NPES).
175 0301400F SPACE 13,880 13,880 13,880 13,880
SUPERIORITY
INTELLIGENCE.
176 0302015F E-4B NATIONAL 30,948 30,948 30,948 30,948
AIRBORNE
OPERATIONS
CENTER (NAOC).
177 0303001F FAMILY OF 42,378 42,378 42,378 42,378
ADVANCED BLOS
TERMINALS (FAB-
T).
178 0303131F MINIMUM 47,471 47,471 47,471 47,471
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK
(MEECN).
179 0303140F INFORMATION 46,388 46,388 46,388 46,388
SYSTEMS
SECURITY
PROGRAM.
180 0303141F GLOBAL COMBAT 52 52 52 52
SUPPORT SYSTEM.
181 0303142F GLOBAL FORCE 2,099 2,099 2,099 2,099
MANAGEMENT--DA
TA INITIATIVE.
184 0304260F AIRBORNE SIGINT 90,762 90,762 90,762 90,762
ENTERPRISE.
187 0305099F GLOBAL AIR 4,354 4,354 4,354 4,354
TRAFFIC
MANAGEMENT
(GATM).
188 0305110F SATELLITE 15,624 15,624 15,624 15,624
CONTROL
NETWORK
(SPACE).
189 0305111F WEATHER SERVICE 19,974 22,974 19,974 3,000 22,974
................ Commercial [3,000] [3,000]
Weather
Pilot
Program.
190 0305114F AIR TRAFFIC 9,770 9,770 9,770 9,770
CONTROL,
APPROACH, AND
LANDING SYSTEM
(ATCALS).
191 0305116F AERIAL TARGETS. 3,051 3,051 3,051 3,051
194 0305128F SECURITY AND 405 405 405 405
INVESTIGATIVE
ACTIVITIES.
195 0305145F ARMS CONTROL 4,844 4,844 4,844 4,844
IMPLEMENTATION.
196 0305146F DEFENSE JOINT 339 339 339 339
COUNTERINTELLI
GENCE
ACTIVITIES.
199 0305173F SPACE AND 3,989 3,989 3,989 3,989
MISSILE TEST
AND EVALUATION
CENTER.
200 0305174F SPACE 3,070 3,070 3,070 3,070
INNOVATION,
INTEGRATION
AND RAPID
TECHNOLOGY
DEVELOPMENT.
201 0305179F INTEGRATED 8,833 8,833 8,833 8,833
BROADCAST
SERVICE (IBS).
202 0305182F SPACELIFT RANGE 11,867 11,867 11,867 11,867
SYSTEM (SPACE).
203 0305202F DRAGON U-2..... 37,217 37,217 37,217 37,217
205 0305206F AIRBORNE 3,841 18,841 3,841 15,000 18,841
RECONNAISSANCE
SYSTEMS.
................ Wide area [15,000] [15,000]
motion
imagery.
206 0305207F MANNED 20,975 20,975 20,975 20,975
RECONNAISSANCE
SYSTEMS.
207 0305208F DISTRIBUTED 18,902 18,902 18,902 18,902
COMMON GROUND/
SURFACE
SYSTEMS.
208 0305220F RQ-4 UAV....... 256,307 256,307 256,307 256,307
209 0305221F NETWORK-CENTRIC 22,610 16,310 22,610 22,610
COLLABORATIVE
TARGETING.
................ Program [-6,300]
reduction.
211 0305238F NATO AGS....... 38,904 38,904 38,904 38,904
212 0305240F SUPPORT TO DCGS 23,084 23,084 23,084 23,084
ENTERPRISE.
213 0305258F ADVANCED 116,143 116,143 116,143 116,143
EVALUATION
PROGRAM.
214 0305265F GPS III SPACE 141,888 141,888 141,888 141,888
SEGMENT.
215 0305600F INTERNATIONAL 2,360 2,360 2,360 2,360
INTELLIGENCE
TECHNOLOGY AND
ARCHITECTURES.
216 0305614F JSPOC MISSION 72,889 72,889 72,889 72,889
SYSTEM.
217 0305881F RAPID CYBER 4,280 4,280 4,280 4,280
ACQUISITION.
218 0305906F NCMC--TW/AA 4,951 4,951 4,951 4,951
SYSTEM.
219 0305913F NUDET DETECTION 21,093 21,093 21,093 21,093
SYSTEM (SPACE).
220 0305940F SPACE SITUATION 35,002 35,002 35,002 35,002
AWARENESS
OPERATIONS.
222 0308699F SHARED EARLY 6,366 6,366 6,366 6,366
WARNING (SEW).
223 0401115F C-130 AIRLIFT 15,599 15,599 15,599 15,599
SQUADRON.
224 0401119F C-5 AIRLIFT 66,146 66,146 66,146 66,146
SQUADRONS (IF).
225 0401130F C-17 AIRCRAFT 12,430 12,430 12,430 12,430
(IF).
226 0401132F C-130J PROGRAM. 16,776 16,776 16,776 16,776
227 0401134F LARGE AIRCRAFT 5,166 5,166 5,166 5,166
IR
COUNTERMEASURE
S (LAIRCM).
229 0401314F OPERATIONAL 13,817 13,817 13,817 13,817
SUPPORT
AIRLIFT.
230 0401318F CV-22.......... 16,702 16,702 16,702 16,702
231 0408011F SPECIAL TACTICS 7,164 7,164 7,164 7,164
/ COMBAT
CONTROL.
232 0702207F DEPOT 1,518 1,518 1,518 1,518
MAINTENANCE
(NON-IF).
233 0708610F LOGISTICS 61,676 61,676 61,676 61,676
INFORMATION
TECHNOLOGY
(LOGIT).
234 0708611F SUPPORT SYSTEMS 9,128 9,128 9,128 9,128
DEVELOPMENT.
235 0804743F OTHER FLIGHT 1,653 1,653 1,653 1,653
TRAINING.
236 0808716F OTHER PERSONNEL 57 57 57 57
ACTIVITIES.
237 0901202F JOINT PERSONNEL 3,663 3,663 3,663 3,663
RECOVERY
AGENCY.
238 0901218F CIVILIAN 3,735 3,735 3,735 3,735
COMPENSATION
PROGRAM.
239 0901220F PERSONNEL 5,157 5,157 5,157 5,157
ADMINISTRATION.
240 0901226F AIR FORCE 1,523 1,523 1,523 1,523
STUDIES AND
ANALYSIS
AGENCY.
242 0901538F FINANCIAL 10,581 10,581 3,781 10,581
MANAGEMENT
INFORMATION
SYSTEMS
DEVELOPMENT.
................ Cost [-4,900]
estimating
unjustified
requset.
................ PBES [-1,900]
unjustified
request.
242A 9999999999 CLASSIFIED 13,091,557 13,091,557 13,091,557 13,091,557
PROGRAMS.
................ SUBTOTAL 17,457,056 17,563,056 17,485,356 44,222 17,501,278
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 28,112,251 28,105,021 27,643,651 -54,650 28,057,601
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, AF.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
DW
................ BASIC RESEARCH
001 0601000BR DTRA BASIC 35,436 35,436 35,436 35,436
RESEARCH
INITIATIVE.
002 0601101E DEFENSE 362,297 352,297 362,297 362,297
RESEARCH
SCIENCES.
................ Program [-10,000]
reduction.
003 0601110D8Z BASIC RESEARCH 36,654 36,654 36,654 36,654
INITIATIVES.
004 0601117E BASIC 57,791 57,791 57,791 57,791
OPERATIONAL
MEDICAL
RESEARCH
SCIENCE.
005 0601120D8Z NATIONAL 69,345 79,345 69,345 10,000 79,345
DEFENSE
EDUCATION
PROGRAM.
................ K-12 STEM [10,000] [10,000]
program
increase.
006 0601228D8Z HISTORICALLY 23,572 33,572 23,572 10,000 33,572
BLACK COLLEGES
AND
UNIVERSITIES/
MINORITY
INSTITUTIONS.
................ Program [10,000] [10,000]
increase.
007 0601384BP CHEMICAL AND 44,800 44,800 44,800 44,800
BIOLOGICAL
DEFENSE
PROGRAM.
................ SUBTOTAL 629,895 639,895 629,895 20,000 649,895
BASIC
RESEARCH.
................
................ APPLIED
RESEARCH
008 0602000D8Z JOINT MUNITIONS 17,745 17,745 17,745 17,745
TECHNOLOGY.
009 0602115E BIOMEDICAL 115,213 105,213 115,213 115,213
TECHNOLOGY.
................ Program [-10,000]
reduction.
010 0602230D8Z DEFENSE 30,000 30,000 -30,000 0
TECHNOLOGY
INNOVATION.
................ Program [-30,000] [-30,000]
decrease.
011 0602234D8Z LINCOLN 48,269 48,269 48,269 48,269
LABORATORY
RESEARCH
PROGRAM.
012 0602251D8Z APPLIED 42,206 42,206 42,206 42,206
RESEARCH FOR
THE
ADVANCEMENT OF
S&T PRIORITIES.
013 0602303E INFORMATION & 353,635 348,635 353,635 353,635
COMMUNICATIONS
TECHNOLOGY.
................ Program [-5,000]
reduction.
014 0602383E BIOLOGICAL 21,250 21,250 21,250 21,250
WARFARE
DEFENSE.
015 0602384BP CHEMICAL AND 188,715 188,715 188,715 188,715
BIOLOGICAL
DEFENSE
PROGRAM.
016 0602668D8Z CYBER SECURITY 12,183 12,183 12,183 12,183
RESEARCH.
017 0602702E TACTICAL 313,843 313,843 313,843 313,843
TECHNOLOGY.
018 0602715E MATERIALS AND 220,456 210,456 220,456 -6,000 214,456
BIOLOGICAL
TECHNOLOGY.
................ Program [-10,000] [-6,000]
reduction.
019 0602716E ELECTRONICS 221,911 221,911 221,911 221,911
TECHNOLOGY.
020 0602718BR WEAPONS OF MASS 154,857 154,857 154,857 154,857
DESTRUCTION
DEFEAT
TECHNOLOGIES.
021 0602751D8Z SOFTWARE 8,420 8,420 8,420 8,420
ENGINEERING
INSTITUTE
(SEI) APPLIED
RESEARCH.
022 1160401BB SOF TECHNOLOGY 37,820 37,820 37,820 37,820
DEVELOPMENT.
................ SUBTOTAL 1,786,523 1,731,523 1,786,523 -36,000 1,750,523
APPLIED
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS 23,902 23,902 23,902 23,902
ADVANCED
TECHNOLOGY.
025 0603122D8Z COMBATING 73,002 100,002 73,002 73,002
TERRORISM
TECHNOLOGY
SUPPORT.
................ Additional [12,000]
EOD
equipment
for
Conventiona
l Units.
................ Program [15,000]
increase
for DOD CT
and C-UAS.
026 0603133D8Z FOREIGN 19,343 29,343 19,343 10,000 29,343
COMPARATIVE
TESTING.
................ Anti-tunnel [10,000] [10,000]
defense
systems.
027 0603160BR COUNTERPROLIFER 266,444 266,444 266,444 266,444
ATION
INITIATIVES--P
ROLIFERATION
PREVENTION AND
DEFEAT.
028 0603176C ADVANCED 17,880 17,880 17,880 17,880
CONCEPTS AND
PERFORMANCE
ASSESSMENT.
030 0603178C WEAPONS 71,843 71,843 71,843 71,843
TECHNOLOGY.
031 0603179C ADVANCED C4ISR. 3,626 3,626 3,626 3,626
032 0603180C ADVANCED 23,433 23,433 23,433 23,433
RESEARCH.
033 0603225D8Z JOINT DOD-DOE 17,256 17,256 17,256 17,256
MUNITIONS
TECHNOLOGY
DEVELOPMENT.
035 0603274C SPECIAL 83,745 108,745 83,745 -71,950 11,795
PROGRAM--MDA
TECHNOLOGY.
................ Classified [25,000]
Annex.
................ Program [-71,950]
reduction.
036 0603286E ADVANCED 182,327 177,327 182,327 182,327
AEROSPACE
SYSTEMS.
................ Program [-5,000]
reduction.
037 0603287E SPACE PROGRAMS 175,240 165,240 175,240 -10,000 165,240
AND TECHNOLOGY.
................ Program [-10,000] [-10,000]
reduction.
038 0603288D8Z ANALYTIC 12,048 12,048 12,048 12,048
ASSESSMENTS.
039 0603289D8Z ADVANCED 57,020 57,020 57,020 57,020
INNOVATIVE
ANALYSIS AND
CONCEPTS.
041 0603375D8Z TECHNOLOGY 39,923 19,923 39,923 -20,000 19,923
INNOVATION.
................ Program [-20,000] [-20,000]
decrease.
042 0603384BP CHEMICAL AND 127,941 127,941 127,941 127,941
BIOLOGICAL
DEFENSE
PROGRAM--ADVAN
CED
DEVELOPMENT.
043 0603527D8Z RETRACT LARCH.. 181,977 181,977 181,977 181,977
044 0603618D8Z JOINT 22,030 22,030 22,030 22,030
ELECTRONIC
ADVANCED
TECHNOLOGY.
045 0603648D8Z JOINT 148,184 158,184 148,184 -16,000 132,184
CAPABILITY
TECHNOLOGY
DEMONSTRATIONS.
................ Program [-16,000]
decrease.
................ Social [10,000]
Medial
Analysis
Cell.
046 0603662D8Z NETWORKED 9,331 9,331 9,331 9,331
COMMUNICATIONS
CAPABILITIES.
047 0603680D8Z DEFENSE-WIDE 158,398 148,398 158,398 158,398
MANUFACTURING
SCIENCE AND
TECHNOLOGY
PROGRAM.
................ Program [-10,000]
decrease.
048 0603680S MANUFACTURING 31,259 31,259 31,259 31,259
TECHNOLOGY
PROGRAM.
049 0603699D8Z EMERGING 49,895 49,895 49,895 49,895
CAPABILITIES
TECHNOLOGY
DEVELOPMENT.
050 0603712S GENERIC 11,011 11,011 11,011 11,011
LOGISTICS R&D
TECHNOLOGY
DEMONSTRATIONS.
052 0603716D8Z STRATEGIC 65,078 65,078 65,078 65,078
ENVIRONMENTAL
RESEARCH
PROGRAM.
053 0603720S MICROELECTRONIC 97,826 97,826 97,826 97,826
S TECHNOLOGY
DEVELOPMENT
AND SUPPORT.
054 0603727D8Z JOINT 7,848 7,848 7,848 -2,500 5,348
WARFIGHTING
PROGRAM.
................ Prior year [-2,500]
carryover.
055 0603739E ADVANCED 49,807 49,807 49,807 49,807
ELECTRONICS
TECHNOLOGIES.
056 0603760E COMMAND, 155,081 155,081 155,081 155,081
CONTROL AND
COMMUNICATIONS
SYSTEMS.
057 0603766E NETWORK-CENTRIC 428,894 428,894 428,894 428,894
WARFARE
TECHNOLOGY.
058 0603767E SENSOR 241,288 241,288 241,288 241,288
TECHNOLOGY.
060 0603781D8Z SOFTWARE 14,264 14,264 14,264 14,264
ENGINEERING
INSTITUTE.
061 0603826D8Z QUICK REACTION 74,943 72,943 74,943 -2,000 72,943
SPECIAL
PROJECTS.
................ QRSP....... [-2,000] [-2,000]
063 0603833D8Z ENGINEERING 17,659 17,659 17,659 17,659
SCIENCE &
TECHNOLOGY.
064 0603941D8Z TEST & 87,135 87,135 87,135 87,135
EVALUATION
SCIENCE &
TECHNOLOGY.
065 0604055D8Z OPERATIONAL 37,329 37,329 41,329 4,000 41,329
ENERGY
CAPABILITY
IMPROVEMENT.
................ Competitive [4,000] [4,000]
technology
investment.
066 0303310D8Z CWMD SYSTEMS... 44,836 21,236 44,836 -23,600 21,236
................ Constellati [-23,600] [-23,600]
on program
reduction.
067 1160402BB SOF ADVANCED 61,620 61,620 61,620 61,620
TECHNOLOGY
DEVELOPMENT.
................ SUBTOTAL 3,190,666 3,192,066 3,194,666 -132,050 3,058,616
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
................ ADVANCED
COMPONENT
DEVELOPMENT
AND PROTOTYPES
068 0603161D8Z NUCLEAR AND 28,498 28,498 28,498 28,498
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT
RDT&E ADC&P.
069 0603600D8Z WALKOFF........ 89,643 89,643 89,643 89,643
071 0603821D8Z ACQUISITION 2,136 2,136 2,136 2,136
ENTERPRISE
DATA &
INFORMATION
SERVICES.
072 0603851D8Z ENVIRONMENTAL 52,491 52,491 52,491 52,491
SECURITY
TECHNICAL
CERTIFICATION
PROGRAM.
073 0603881C BALLISTIC 206,834 206,834 206,834 206,834
MISSILE
DEFENSE
TERMINAL
DEFENSE
SEGMENT.
074 0603882C BALLISTIC 862,080 862,080 862,080 862,080
MISSILE
DEFENSE
MIDCOURSE
DEFENSE
SEGMENT.
075 0603884BP CHEMICAL AND 138,187 138,187 138,187 138,187
BIOLOGICAL
DEFENSE
PROGRAM--DEM/
VAL.
076 0603884C BALLISTIC 230,077 230,077 230,077 230,077
MISSILE
DEFENSE
SENSORS.
077 0603890C BMD ENABLING 401,594 401,594 401,594 401,594
PROGRAMS.
078 0603891C SPECIAL 321,607 321,607 321,607 -16,900 304,707
PROGRAMS--MDA.
................ Program [-16,900]
reduction.
079 0603892C AEGIS BMD...... 959,066 959,066 959,066 -20,000 939,066
................ SM-3 IIA [-20,000]
development
excess
growth.
080 0603893C SPACE TRACKING 32,129 32,129 32,129 32,129
& SURVEILLANCE
SYSTEM.
081 0603895C BALLISTIC 20,690 20,690 20,690 20,690
MISSILE
DEFENSE SYSTEM
SPACE PROGRAMS.
082 0603896C BALLISTIC 439,617 439,617 449,617 3,900 443,517
MISSILE
DEFENSE
COMMAND AND
CONTROL,
BATTLE
MANAGEMENT AND
COMMUNICATI.
................ Post [10,000] [3,900]
Intercept
Assessment
Acceleratio
n.
083 0603898C BALLISTIC 47,776 47,776 47,776 47,776
MISSILE
DEFENSE JOINT
WARFIGHTER
SUPPORT.
084 0603904C MISSILE DEFENSE 54,750 54,750 54,750 54,750
INTEGRATION &
OPERATIONS
CENTER (MDIOC).
085 0603906C REGARDING 8,785 8,785 8,785 8,785
TRENCH.
086 0603907C SEA BASED X- 68,787 68,787 68,787 68,787
BAND RADAR
(SBX).
087 0603913C ISRAELI 103,835 293,835 238,835 164,900 268,735
COOPERATIVE
PROGRAMS.
................ Directed [25,000]
Energy
Cooperation
through MDA.
................ Increase [165,000] [135,000] [164,900]
for
Cooperative
Development
Programs
subject to
Title XVI.
088 0603914C BALLISTIC 293,441 293,441 293,441 293,441
MISSILE
DEFENSE TEST.
089 0603915C BALLISTIC 563,576 563,576 563,576 563,576
MISSILE
DEFENSE
TARGETS.
090 0603920D8Z HUMANITARIAN 10,007 10,007 10,007 10,007
DEMINING.
091 0603923D8Z COALITION 10,126 10,126 11,126 10,126
WARFARE.
................ Long [1,000]
Endurance
UAS.
092 0604016D8Z DEPARTMENT OF 3,893 3,893 8,893 5,000 8,893
DEFENSE
CORROSION
PROGRAM.
................ Corrosion [5,000] [5,000]
prevention.
093 0604115C TECHNOLOGY 90,266 105,266 90,266 90,266
MATURATION
INITIATIVES.
................ Directed [15,000]
Energy
Acceleratio
n--Low
Power Laser
Demonstrato
r - to
reclaim
schdule
slippage.
094 0604132D8Z MISSILE DEFEAT 45,000 45,000 45,000 45,000
PROJECT.
095 0604250D8Z ADVANCED 844,870 794,870 844,870 -15,000 829,870
INNOVATIVE
TECHNOLOGIES.
................ SCO........ [-50,000] [-15,000]
096 0604342D8Z DEFENSE 25,000
TECHNOLOGY
OFFSET.
................ Directed [25,000]
energy
systems
prototyping.
097 0604400D8Z DEPARTMENT OF 3,320 3,320 3,320 3,320
DEFENSE (DOD)
UNMANNED
SYSTEM COMMON
DEVELOPMENT.
099 0604682D8Z WARGAMING AND 4,000 4,000 4,000 4,000
SUPPORT FOR
STRATEGIC
ANALYSIS (SSA).
102 0604826J JOINT C5 23,642 23,642 23,642 23,642
CAPABILITY
DEVELOPMENT,
INTEGRATION
AND
INTEROPERABILI
TY ASSESSMENTS.
104 0604873C LONG RANGE 162,012 162,012 162,012 162,012
DISCRIMINATION
RADAR (LRDR).
105 0604874C IMPROVED 274,148 274,148 329,148 274,148
HOMELAND
DEFENSE
INTERCEPTORS.
................ GBI Booster [30,000]
Acceleratio
n.
................ RKV Risk [25,000]
Reduction.
106 0604876C BALLISTIC 63,444 63,444 63,444 63,444
MISSILE
DEFENSE
TERMINAL
DEFENSE
SEGMENT TEST.
107 0604878C AEGIS BMD TEST. 95,012 95,012 95,012 95,012
108 0604879C BALLISTIC 83,250 83,250 83,250 83,250
MISSILE
DEFENSE SENSOR
TEST.
109 0604880C LAND-BASED SM-3 43,293 43,293 43,293 43,293
(LBSM3).
110 0604881C AEGIS SM-3 106,038 106,038 106,038 106,038
BLOCK IIA CO-
DEVELOPMENT.
111 0604887C BALLISTIC 56,481 56,481 56,481 56,481
MISSILE
DEFENSE
MIDCOURSE
SEGMENT TEST.
112 0604894C MULTI-OBJECT 71,513 71,513 121,513 71,513
KILL VEHICLE.
................ Technology [50,000]
maturation.
114 0303191D8Z JOINT 2,636 2,636 2,636 2,636
ELECTROMAGNETI
C TECHNOLOGY
(JET) PROGRAM.
115 0305103C CYBER SECURITY 969 969 969 969
INITIATIVE.
................ SUBTOTAL 6,919,519 7,074,519 7,200,519 121,900 7,041,419
ADVANCED
COMPONENT
DEVELOPMENT
AND
PROTOTYPES.
115A 0604XXXD WEATHER SYSTEM 5,000 5,000 5,000
FOLLOW-ON.
................ Transfer [5,000] [5,000]
Cloud
Characteriz
ation and
Theater
Weather
Imagery
from USAF.
................ SUBTOTAL 5,000 5,000 5,000
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT
AND
DEMONSTRATION
116 0604161D8Z NUCLEAR AND 10,324 10,324 10,324 10,324
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT
RDT&E SDD.
117 0604165D8Z PROMPT GLOBAL 181,303 186,303 181,303 181,303
STRIKE
CAPABILITY
DEVELOPMENT.
................ Examination [5,000]
of Army
land-attack
and anti-
ship
capability.
118 0604384BP CHEMICAL AND 266,231 266,231 266,231 266,231
BIOLOGICAL
DEFENSE
PROGRAM--EMD.
119 0604764K ADVANCED IT 15,000
SERVICES JOINT
PROGRAM OFFICE
(AITS-JPO).
................ Commercial [15,000]
IT Eval
Program.
120 0604771D8Z JOINT TACTICAL 16,288 16,288 16,288 16,288
INFORMATION
DISTRIBUTION
SYSTEM (JTIDS).
121 0605000BR WEAPONS OF MASS 4,568 4,568 4,568 4,568
DESTRUCTION
DEFEAT
CAPABILITIES.
122 0605013BL INFORMATION 11,505 11,505 11,505 11,505
TECHNOLOGY
DEVELOPMENT.
123 0605021SE HOMELAND 1,658 1,658 1,658 1,658
PERSONNEL
SECURITY
INITIATIVE.
124 0605022D8Z DEFENSE 2,920 2,920 2,920 2,920
EXPORTABILITY
PROGRAM.
126 0605070S DOD ENTERPRISE 12,631 12,631 12,631 12,631
SYSTEMS
DEVELOPMENT
AND
DEMONSTRATION.
128 0605080S DEFENSE AGENCY 26,657 26,657 26,657 26,657
INTIATIVES
(DAI)--FINANCI
AL SYSTEM.
129 0605090S DEFENSE RETIRED 4,949 4,949 4,949 4,949
AND ANNUITANT
PAY SYSTEM
(DRAS).
130 0605140D8Z TRUSTED FOUNDRY 69,000 69,000 69,000 69,000
131 0605210D8Z DEFENSE-WIDE 9,881 9,881 9,881 9,881
ELECTRONIC
PROCUREMENT
CAPABILITIES.
132 0303141K GLOBAL COMBAT 7,600 7,600 7,600 7,600
SUPPORT SYSTEM.
133 0305304D8Z DOD ENTERPRISE 2,703 2,703 2,703 2,703
ENERGY
INFORMATION
MANAGEMENT
(EEIM).
................ SUBTOTAL 628,218 648,218 628,218 628,218
SYSTEM
DEVELOPMENT
AND
DEMONSTRATIO
N.
................
................ MANAGEMENT
SUPPORT
134 0604774D8Z DEFENSE 4,678 4,678 4,678 4,678
READINESS
REPORTING
SYSTEM (DRRS).
135 0604875D8Z JOINT SYSTEMS 4,499 4,499 4,499 4,499
ARCHITECTURE
DEVELOPMENT.
136 0604940D8Z CENTRAL TEST 219,199 219,199 219,199 219,199
AND EVALUATION
INVESTMENT
DEVELOPMENT
(CTEIP).
137 0604942D8Z ASSESSMENTS AND 28,706 28,706 128,706 28,706
EVALUATIONS.
................ Classified [100,000]
assessment.
138 0605001E MISSION SUPPORT 69,244 69,244 69,244 69,244
139 0605100D8Z JOINT MISSION 87,080 87,080 87,080 -20,000 67,080
ENVIRONMENT
TEST
CAPABILITY
(JMETC).
................ Prior year [-20,000]
carryover
and
minimize
growth.
140 0605104D8Z TECHNICAL 23,069 23,069 23,069 23,069
STUDIES,
SUPPORT AND
ANALYSIS.
142 0605126J JOINT 32,759 32,759 32,759 32,759
INTEGRATED AIR
AND MISSILE
DEFENSE
ORGANIZATION
(JIAMDO).
144 0605142D8Z SYSTEMS 32,429 32,429 32,429 32,429
ENGINEERING.
145 0605151D8Z STUDIES AND 3,797 3,797 3,797 3,797
ANALYSIS
SUPPORT--OSD.
146 0605161D8Z NUCLEAR MATTERS- 5,302 5,302 5,302 5,302
PHYSICAL
SECURITY.
147 0605170D8Z SUPPORT TO 7,246 7,246 7,246 7,246
NETWORKS AND
INFORMATION
INTEGRATION.
148 0605200D8Z GENERAL SUPPORT 1,874 1,874 1,874 1,874
TO USD
(INTELLIGENCE).
149 0605384BP CHEMICAL AND 85,754 85,754 85,754 85,754
BIOLOGICAL
DEFENSE
PROGRAM.
158 0605790D8Z SMALL BUSINESS 2,187 2,187 2,187 2,187
INNOVATION
RESEARCH
(SBIR)/ SMALL
BUSINESS
TECHNOLOGY
TRANSFER.
159 0605798D8Z DEFENSE 22,650 22,650 22,650 22,650
TECHNOLOGY
ANALYSIS.
160 0605801KA DEFENSE 43,834 43,834 43,834 43,834
TECHNICAL
INFORMATION
CENTER (DTIC).
161 0605803SE R&D IN SUPPORT 22,240 22,240 22,240 22,240
OF DOD
ENLISTMENT,
TESTING AND
EVALUATION.
162 0605804D8Z DEVELOPMENT 19,541 23,541 24,541 4,000 23,541
TEST AND
EVALUATION.
................ Program [4,000] [5,000] [4,000]
increase.
163 0605898E MANAGEMENT HQ-- 4,759 4,759 4,759 4,759
R&D.
164 0605998KA MANAGEMENT HQ-- 4,400 4,400 4,400 4,400
DEFENSE
TECHNICAL
INFORMATION
CENTER (DTIC).
165 0606100D8Z BUDGET AND 4,014 4,014 4,014 4,014
PROGRAM
ASSESSMENTS.
166 0203345D8Z DEFENSE 2,072 2,072 2,072 2,072
OPERATIONS
SECURITY
INITIATIVE
(DOSI).
167 0204571J JOINT STAFF 7,464 7,464 7,464 7,464
ANALYTICAL
SUPPORT.
170 0303166J SUPPORT TO 857 857 857 857
INFORMATION
OPERATIONS
(IO)
CAPABILITIES.
171 0303260D8Z DEFENSE 916 916 916 916
MILITARY
DECEPTION
PROGRAM OFFICE
(DMDPO).
172 0305172K COMBINED 15,336 15,336 15,336 15,336
ADVANCED
APPLICATIONS.
173 0305193D8Z CYBER 18,523 18,523 18,523 -5,000 13,523
INTELLIGENCE.
................ Program [-5,000]
decrease.
175 0804767D8Z COCOM EXERCISE 34,384 34,384 34,384 34,384
ENGAGEMENT AND
TRAINING
TRANSFORMATION
(CE2T2)--MHA.
176 0901598C MANAGEMENT HQ-- 31,160 56,160 31,160 31,160
MDA.
................ Cyber [25,000]
Improvement
s
Acceleratio
n.
179 0903235D8W JOINT SERVICE 827 827 827 827
PROVIDER (JSP).
180A 9999999999 CLASSIFIED 56,799 56,799 56,799 56,799
PROGRAMS.
................ SUBTOTAL 897,599 926,599 1,002,599 -21,000 876,599
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEM
DEVELOPMENT
181 0604130V ENTERPRISE 4,241 4,241 4,241 4,241
SECURITY
SYSTEM (ESS).
182 0605127T REGIONAL 1,424 1,424 1,424 1,424
INTERNATIONAL
OUTREACH (RIO)
AND
PARTNERSHIP
FOR PEACE
INFORMATION
MANA.
183 0605147T OVERSEAS 287 287 287 287
HUMANITARIAN
ASSISTANCE
SHARED
INFORMATION
SYSTEM
(OHASIS).
184 0607210D8Z INDUSTRIAL BASE 16,195 16,195 16,195 16,195
ANALYSIS AND
SUSTAINMENT
SUPPORT.
185 0607310D8Z CWMD SYSTEMS: 4,194 4,194 4,194 4,194
OPERATIONAL
SYSTEMS
DEVELOPMENT.
186 0607327T GLOBAL THEATER 7,861 7,861 7,861 7,861
SECURITY
COOPERATION
MANAGEMENT
INFORMATION
SYSTEMS (G-
TSCMIS).
187 0607384BP CHEMICAL AND 33,361 33,361 33,361 33,361
BIOLOGICAL
DEFENSE
(OPERATIONAL
SYSTEMS
DEVELOPMENT).
189 0208043J PLANNING AND 3,038 3,038 3,038 3,038
DECISION AID
SYSTEM (PDAS).
190 0208045K C4I 57,501 57,501 57,501 57,501
INTEROPERABILI
TY.
192 0301144K JOINT/ALLIED 5,935 5,935 5,935 5,935
COALITION
INFORMATION
SHARING.
196 0302016K NATIONAL 575 575 575 575
MILITARY
COMMAND SYSTEM-
WIDE SUPPORT.
197 0302019K DEFENSE INFO 18,041 18,041 18,041 18,041
INFRASTRUCTURE
ENGINEERING
AND
INTEGRATION.
198 0303126K LONG-HAUL 13,994 18,994 13,994 13,994
COMMUNICATIONS
-DCS.
................ Secure [5,000]
cellular
communicati
ons for
senior
leaders.
199 0303131K MINIMUM 12,206 12,206 12,206 12,206
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK
(MEECN).
200 0303135G PUBLIC KEY 34,314 34,314 34,314 34,314
INFRASTRUCTURE
(PKI).
201 0303136G KEY MANAGEMENT 36,602 36,602 36,602 36,602
INFRASTRUCTURE
(KMI).
202 0303140D8Z INFORMATION 8,876 8,876 8,876 8,876
SYSTEMS
SECURITY
PROGRAM.
203 0303140G INFORMATION 159,068 161,068 172,068 2,000 161,068
SYSTEMS
SECURITY
PROGRAM.
................ Cross [5,000]
Domain
Solutions.
................ Reduction [-8,000]
to NSA
Information
Systems and
Security
Programs.
................ SHARKSEER [2,000] [16,000] [2,000]
Program
Increase.
204 0303150K GLOBAL COMMAND 24,438 24,438 24,438 24,438
AND CONTROL
SYSTEM.
205 0303153K DEFENSE 13,197 13,197 13,197 13,197
SPECTRUM
ORGANIZATION.
207 0303228K JOINT 2,789 2,789 2,789 2,789
INFORMATION
ENVIRONMENT
(JIE).
209 0303430K FEDERAL 75,000 75,000 75,000 75,000
INVESTIGATIVE
SERVICES
INFORMATION
TECHNOLOGY.
210 0303610K TELEPORT 657 657 657 657
PROGRAM.
215 0305103K CYBER SECURITY 1,553 1,553 1,553 1,553
INITIATIVE.
220 0305186D8Z POLICY R&D 6,204 4,204 6,204 -2,000 4,204
PROGRAMS.
................ Program [-2,000] [-2,000]
decrease.
221 0305199D8Z NET CENTRICITY. 17,971 17,971 17,971 17,971
223 0305208BB DISTRIBUTED 5,415 5,415 5,415 5,415
COMMON GROUND/
SURFACE
SYSTEMS.
226 0305208K DISTRIBUTED 3,030 3,030 3,030 3,030
COMMON GROUND/
SURFACE
SYSTEMS.
229 0305327V INSIDER THREAT. 5,034 5,034 5,034 5,034
230 0305387D8Z HOMELAND 2,037 2,037 2,037 2,037
DEFENSE
TECHNOLOGY
TRANSFER
PROGRAM.
236 0307577D8Z INTELLIGENCE 13,800 13,800 13,800 13,800
MISSION DATA
(IMD).
238 0708012S PACIFIC 1,754 1,754 1,754 1,754
DISASTER
CENTERS.
239 0708047S DEFENSE 2,154 2,154 2,154 2,154
PROPERTY
ACCOUNTABILITY
SYSTEM.
240 0902298J MANAGEMENT HQ-- 826 826 826 826
OJCS.
241 1105219BB MQ-9 UAV....... 17,804 17,804 29,804 17,804
................ MQ-9 [12,000]
capability
enhancement
s.
244 1160403BB AVIATION 159,143 147,043 159,143 159,143
SYSTEMS.
................ AC-130 [-12,100]
Precision
Strike.
245 1160405BB INTELLIGENCE 7,958 7,958 7,958 7,958
SYSTEMS
DEVELOPMENT.
246 1160408BB OPERATIONAL 64,895 64,895 64,895 64,895
ENHANCEMENTS.
247 1160431BB WARRIOR SYSTEMS 44,885 44,885 44,885 44,885
248 1160432BB SPECIAL 1,949 1,949 1,949 1,949
PROGRAMS.
249 1160434BB UNMANNED ISR... 22,117 22,117 22,117 22,117
250 1160480BB SOF TACTICAL 3,316 3,316 3,316 3,316
VEHICLES.
251 1160483BB MARITIME 54,577 54,577 54,577 54,577
SYSTEMS.
252 1160489BB GLOBAL VIDEO 3,841 3,841 3,841 3,841
SURVEILLANCE
ACTIVITIES.
253 1160490BB OPERATIONAL 11,834 11,834 11,834 11,834
ENHANCEMENTS
INTELLIGENCE.
253A 9999999999 CLASSIFIED 3,270,515 3,270,515 3,270,515 3,270,515
PROGRAMS.
255 0303140K INFORMATION 16,300
SYSTEMS
SECURITY
PROGRAM.
................ Sharkseer [16,300]
email
protection.
................ SUBTOTAL 4,256,406 4,249,306 4,297,706 4,256,406
OPERATIONAL
SYSTEM
DEVELOPMENT.
................
................ TOTAL 18,308,826 18,467,126 18,740,126 -42,150 18,266,676
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, DW.
................
................ OPERATIONAL
TEST & EVAL,
DEFENSE
................ MANAGEMENT
SUPPORT
001 0605118OTE OPERATIONAL 78,047 88,047 78,047 78,047
TEST AND
EVALUATION.
................ DOT&E [10,000]
Cybersecuri
ty
Exercises.
002 0605131OTE LIVE FIRE TEST 48,316 48,316 48,316 48,316
AND EVALUATION.
003 0605814OTE OPERATIONAL 52,631 52,631 52,631 52,631
TEST
ACTIVITIES AND
ANALYSES.
................ SUBTOTAL 178,994 188,994 178,994 178,994
MANAGEMENT
SUPPORT.
................
................ TOTAL 178,994 188,994 178,994 178,994
OPERATIONA
L TEST &
EVAL,
DEFENSE.
................
................ UNDISTRIBUTED
GENERAL
PROVISIONS
................ UNDISTRIBUTED
GENERAL
PROVISIONS
010 9999999999 UNDISTRIBUTED 4,000
GENERAL
PROVISIONS.
................ Cyber pilot [4,000]
program for
installatio
ns.
................ SUBTOTAL 4,000
UNDISTRIBUTE
D GENERAL
PROVISIONS.
................
................ TOTAL 4,000
UNDISTRIBU
TED
GENERAL
PROVISIONS.
................
................ TOTAL 71,391,771 71,619,841 71,227,192 -281,147 71,110,624
RDT&E.
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of
Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Line Program Element Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
055 0603308A ARMY SPACE 9,375 9,375 9,375 9,375
SYSTEMS
INTEGRATION.
................ SUBTOTAL 9,375 9,375 9,375 9,375
ADVANCED
COMPONENT
DEVELOPMENT
&
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
091 0604741A AIR DEFENSE 78,700 78,700 78,700 78,700
COMMAND,
CONTROL AND
INTELLIGENCE--
ENG DEV.
114 0605032A TRACTOR TIRE... 10,000 10,000 10,000 10,000
117 0605035A COMMON INFRARED 10,900 10,900 10,900 10,900
COUNTERMEASURE
S (CIRCM).
119 0605041A DEFENSIVE CYBER 50,500 50,500 50,500 50,500
TOOL
DEVELOPMENT.
122 0605051A AIRCRAFT 73,110 73,110 73,110 73,110
SURVIVABILITY
DEVELOPMENT.
................ SUBTOTAL 223,210 223,210 223,210 223,210
SYSTEM
DEVELOPMENT
&
DEMONSTRATI
ON.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
208 0307665A BIOMETRICS 7,104 7,104 7,104 7,104
ENABLED
INTELLIGENCE.
................ SUBTOTAL 7,104 7,104 7,104 7,104
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 239,689 239,689 239,689 239,689
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, ARMY.
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
038 0603527N RETRACT LARCH.. 3,907 3,907 3,907 3,907
................ SUBTOTAL 3,907 3,907 3,907 3,907
ADVANCED
COMPONENT
DEVELOPMENT
&
PROTOTYPES.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
245A 9999999999 CLASSIFIED 36,426 36,426 36,426 36,426
PROGRAMS.
................ SUBTOTAL 36,426 36,426 36,426 36,426
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 40,333 40,333 40,333 40,333
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, NAVY.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
058 0604421F COUNTERSPACE 425 425 425 425
SYSTEMS.
................ SUBTOTAL 425 425 425 425
SYSTEM
DEVELOPMENT
&
DEMONSTRATI
ON.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
200 0305174F SPACE 4,715 4,715 4,715 4,715
INNOVATION,
INTEGRATION
AND RAPID
TECHNOLOGY
DEVELOPMENT.
242A 9999999999 CLASSIFIED 27,765 27,765 27,765 27,765
PROGRAMS.
................ SUBTOTAL 32,480 32,480 32,480 32,480
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 32,905 32,905 32,905 32,905
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, AF.
................
................ OPERATIONAL
SYSTEM
DEVELOPMENT
253A 9999999999 CLASSIFIED 165,419 165,419 165,419 165,419
PROGRAMS.
................ SUBTOTAL 165,419 165,419 165,419 165,419
OPERATIONAL
SYSTEM
DEVELOPMENT.
................
................ TOTAL 165,419 165,419 165,419 165,419
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, DW.
................
................ TOTAL 478,346 478,346 478,346 478,346
RDT&E.
----------------------------------------------------------------------------------------------------------------
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS.
----------------------------------------------------------------------------------------------------------------
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS
(In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Line Program Element Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
090 0604715A NON-SYSTEM 33 33 33 33
TRAINING
DEVICES--ENG
DEV.
122 0605051A AIRCRAFT 10,000
SURVIVABILITY
DEVELOPMENT.
................ Army [10,000]
unfunded
requirement
-modernized
warning
system.
................ SUBTOTAL 33 10,033 33 33
SYSTEM
DEVELOPMENT
&
DEMONSTRATI
ON.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
161 0603778A MLRS PRODUCT 16,000
IMPROVEMENT
PROGRAM.
................ Army [16,000]
unfunded
requirement
-GMLRS M-
code
upgrade.
166 0607134A LONG RANGE 27,700
PRECISION
FIRES (LRPF).
................ Army [27,700]
unfunded
requirement.
179 0203735A COMBAT VEHICLE 10,000
IMPROVEMENT
PROGRAMS.
................ Army [10,000]
unfunded
requirement
-Vehicle
APS.
................ SUBTOTAL 53,700
OPERATIONAL
SYSTEMS
DEVELOPMENT
................
................ TOTAL 33 63,733 33 33
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
078 0604272N TACTICAL AIR 37,990 37,990 37,990 37,990
DIRECTIONAL
INFRARED
COUNTERMEASURE
S (TADIRCM).
081 0604454N LX (R)......... 19,000
................ LX (R) [19,000]
Design.
................ SUBTOTAL 37,990 56,990 37,990 37,990
ADVANCED
COMPONENT
DEVELOPMENT
&
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
102 0604262N V-22A.......... 11,400
................ Accelerate [11,400]
Readiness
Improvement
-Swashplate
actuator re-
design.
118 0604501N ADVANCED ABOVE 20,000
WATER SENSORS.
................ Aegis Radar [20,000]
Solid State
Improvement
s.
................ SUBTOTAL 31,400
SYSTEM
DEVELOPMENT
&
DEMONSTRATI
ON.........
................
................ TOTAL 37,990 88,390 37,990 37,990
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
DW
................ ADVANCED
COMPONENT
DEVELOPMENT
AND PROTOTYPES
074 0603882C BALLISTIC 65,000
MISSILE
DEFENSE
MIDCOURSE
DEFENSE
SEGMENT.
................ Ground [65,000]
System
Communicati
ons
Modernizati
on &
Upgrades to
Enable Full
RKV
Capabilitie
s.
076 0603884C BALLISTIC 45,000
MISSILE
DEFENSE
SENSORS.
................ Electronic [25,000]
Protection
Acceleratio
n for
Sensors.
................ RFPs for [20,000]
Hawaii &
East Coast
Radars.
077 0603890C BMD ENABLING 10,000
PROGRAMS.
................ Modeling [10,000]
and
Simulation
Improvement
s.
079 0603892C AEGIS BMD...... 10,000
................ Aegis BMD [10,000]
Integration
with AMDR.
082 0603896C BALLISTIC 30,000
MISSILE
DEFENSE
COMMAND AND
CONTROL,
BATTLE
MANAGEMENT AND
COMMUNICATI.
................ C2BMC [20,000]
Acceleratio
n.
................ Post- [10,000]
Intercept
Assessment
Acceleratio
n.
088 0603914C BALLISTIC 10,000
MISSILE
DEFENSE TEST.
................ Test [10,000]
Infrastruct
ure.
105 0604874C IMPROVED 75,000
HOMELAND
DEFENSE
INTERCEPTORS.
................ Modernized [50,000]
Booster
Acceleratio
n.
................ RKV risk [25,000]
reduction.
112 0604894C MULTI-OBJECT 55,000
KILL VEHICLE.
................ MOKV [55,000]
Technology
Maturation.
................ SUBTOTAL 300,000
ADVANCED
COMPONENT
DEVELOPMENT
AND
PROTOTYPES.
................
................ TOTAL 300,000
RESEARCH,
DEVELOPMEN
T, TEST &
EVAL, DW.
................
................ TOTAL 38,023 452,123 38,023 38,023
RDT&E.
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Line Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION &
MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS...... 791,450 791,450 841,450 50,000 841,450
Home station [50,000] [50,000]
training
unfunded
requirement.....
020 MODULAR SUPPORT 68,373 68,373 68,373 68,373
BRIGADES...........
030 ECHELONS ABOVE 438,823 438,823 438,823 438,823
BRIGADE............
040 THEATER LEVEL ASSETS 660,258 660,258 660,258 660,258
050 LAND FORCES 863,928 1,198,828 863,928 863,928
OPERATIONS SUPPORT.
Realign APS Unit [334,900]
Set Requirements
from OCO........
060 AVIATION ASSETS..... 1,360,597 1,360,597 1,428,597 100,500 1,461,097
Eleventh CAB.... [32,500]
Flying hour [68,000] [68,000]
program unfunded
requirement.....
070 FORCE READINESS 3,086,443 3,094,443 3,086,443 3,086,443
OPERATIONS SUPPORT.
Additional cyber [3,000]
protection teams
Public-private [5,000]
cyber training
partnership.....
080 LAND FORCES SYSTEMS 439,488 439,488 439,488 439,488
READINESS..........
090 LAND FORCES DEPOT 1,013,452 1,026,052 1,032,852 19,400 1,032,852
MAINTENANCE........
Depot [19,400] [19,400]
maintenance
unfunded
requirement.....
Realign APS Unit [12,600]
Set Requirements
from OCO........
100 BASE OPERATIONS 7,816,343 7,831,343 7,816,343 22,100 7,838,443
SUPPORT............
Eleventh CAB [22,100]
Support.........
Realign APS Unit [15,000]
Set Requirements
from OCO........
110 FACILITIES 2,234,546 2,234,546 2,588,946 85,400 2,319,946
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Restore [354,400] [85,400]
Sustainment
shortfalls......
120 MANAGEMENT AND 452,105 452,105 452,105 452,105
OPERATIONAL
HEADQUARTERS.......
130 COMBATANT COMMANDERS 155,658 155,658 155,658 155,658
CORE OPERATIONS....
170 COMBATANT COMMANDS 441,143 441,143 447,843 441,143
DIRECT MISSION
SUPPORT............
SOUTHCOM LIDAR [6,700]
unfunded
requirement.....
SUBTOTAL 19,822,607 20,193,107 20,321,107 277,400 20,100,007
OPERATING FORCES
MOBILIZATION
180 STRATEGIC MOBILITY.. 336,329 336,329 336,329 336,329
190 ARMY PREPOSITIONED 390,848 574,848 415,848 25,000 415,848
STOCKS.............
Program increase [25,000] [25,000]
Realign APS Unit [184,000]
Set Requirements
from OCO........
200 INDUSTRIAL 7,401 7,401 7,401 7,401
PREPAREDNESS.......
SUBTOTAL 734,578 918,578 759,578 25,000 759,578
MOBILIZATION....
TRAINING AND
RECRUITING
210 OFFICER ACQUISITION. 131,942 131,942 131,942 131,942
220 RECRUIT TRAINING.... 47,846 47,846 47,846 47,846
230 ONE STATION UNIT 45,419 45,419 45,419 45,419
TRAINING...........
240 SENIOR RESERVE 482,747 482,747 482,747 482,747
OFFICERS TRAINING
CORPS..............
250 SPECIALIZED SKILL 921,025 927,525 921,025 6,500 927,525
TRAINING...........
Defense Foreign [6,500] [6,500]
Language Program
260 FLIGHT TRAINING..... 902,845 902,845 939,445 42,934 945,779
Graduate pilot [5,400] [5,405]
training
unfunded
requirement.....
School Air [31,200] [31,125]
OPTEMPO unfunded
requirement.....
Train full [6,404]
ARPINT load of
990.............
270 PROFESSIONAL 216,583 216,583 216,583 31,600 248,183
DEVELOPMENT
EDUCATION..........
Military [31,600]
Training and PME
280 TRAINING SUPPORT.... 607,534 607,534 607,534 607,534
290 RECRUITING AND 550,599 550,599 515,599 -25,000 525,599
ADVERTISING........
Unjustified [-35,000] [-25,000]
program growth..
300 EXAMINING........... 187,263 187,263 187,263 187,263
310 OFF-DUTY AND 189,556 189,556 189,556 189,556
VOLUNTARY EDUCATION
320 CIVILIAN EDUCATION 182,835 182,835 182,835 182,835
AND TRAINING.......
330 JUNIOR RESERVE 171,167 171,167 171,167 171,167
OFFICER TRAINING
CORPS..............
SUBTOTAL 4,637,361 4,643,861 4,638,961 56,034 4,693,395
TRAINING AND
RECRUITING......
ADMIN & SRVWIDE
ACTIVITIES
350 SERVICEWIDE 230,739 350,739 230,739 65,000 295,739
TRANSPORTATION.....
Realign APS Unit [120,000]
Set Requirements
from OCO........
Restore cricital [65,000]
shortfalls......
360 CENTRAL SUPPLY 850,060 850,060 850,060 850,060
ACTIVITIES.........
370 LOGISTIC SUPPORT 778,757 778,757 782,757 778,757
ACTIVITIES.........
Corrosion oil [4,000]
assistance
unfunded
requirement.....
380 AMMUNITION 370,010 370,010 370,010 370,010
MANAGEMENT.........
390 ADMINISTRATION...... 451,556 451,556 451,556 451,556
400 SERVICEWIDE 1,888,123 1,888,123 1,888,123 1,888,123
COMMUNICATIONS.....
410 MANPOWER MANAGEMENT. 276,403 276,403 276,403 276,403
420 OTHER PERSONNEL 369,443 369,443 369,443 369,443
SUPPORT............
430 OTHER SERVICE 1,096,074 1,096,074 1,066,574 1,096,074
SUPPORT............
Army museum [-29,500]
early to need...
440 ARMY CLAIMS 207,800 207,800 207,800 207,800
ACTIVITIES.........
450 REAL ESTATE 240,641 240,641 240,641 240,641
MANAGEMENT.........
460 FINANCIAL MANAGEMENT 250,612 250,612 250,612 250,612
AND AUDIT READINESS
470 INTERNATIONAL 416,587 416,587 416,587 416,587
MILITARY
HEADQUARTERS.......
480 MISC. SUPPORT OF 36,666 36,666 36,666 36,666
OTHER NATIONS......
530 CLASSIFIED PROGRAMS. 1,151,023 1,151,023 1,157,023 1,151,023
SOUTHCOM [6,000]
unfunded
requirement.....
SUBTOTAL ADMIN & 8,614,494 8,734,494 8,594,994 65,000 8,679,494
SRVWIDE
ACTIVITIES......
UNDISTRIBUTED
540 UNDISTRIBUTED....... -654,600 -279,780 -400,200 -400,200
15% printing [-34,300]
reduction.......
DCGS-A [-63,000]
undistributed
reduction.......
Excessive [-56,100] [-123,300] [-56,100]
standard price
for fuel........
Foreign Currency [-229,900] [-59,180] [-194,100]
adjustments.....
Historical [-376,300]
unobligated
balances........
Prohibition on [7,700]
Per Diem
Allowance
Reduction.......
Working Capital [-150,000]
Fund Carryover
Above Allowable
Ceiling.........
SUBTOTAL -654,600 -279,780 -400,200 -400,200
UNDISTRIBUTED...
TOTAL OPERATION 33,809,040 33,835,440 34,034,860 23,234 33,832,274
& MAINTENANCE,
ARMY...........
OPERATION &
MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT 11,435 11,435 11,435 11,435
BRIGADES...........
020 ECHELONS ABOVE 491,772 491,772 537,772 20,000 511,772
BRIGADE............
Home station [20,000] [20,000]
training
unfunded
requirement.....
Lodging in kind [26,000]
unfunded
requirement.....
030 THEATER LEVEL ASSETS 116,163 116,163 116,163 116,163
040 LAND FORCES 563,524 563,524 563,524 563,524
OPERATIONS SUPPORT.
050 AVIATION ASSETS..... 91,162 91,162 91,162 91,162
060 FORCE READINESS 347,459 347,659 347,759 200 347,659
OPERATIONS SUPPORT.
Defense Language [200] [200]
Program.........
Range increase [300]
unfunded
requirement.....
070 LAND FORCES SYSTEMS 101,926 101,926 101,926 101,926
READINESS..........
080 LAND FORCES DEPOT 56,219 56,219 56,219 56,219
MAINTENANCE........
090 BASE OPERATIONS 573,843 573,843 573,843 573,843
SUPPORT............
100 FACILITIES 214,955 214,955 236,455 8,100 223,055
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Restore [21,500] [8,100]
Sustainment
shortfalls......
110 MANAGEMENT AND 37,620 37,620 37,620 37,620
OPERATIONAL
HEADQUARTERS.......
SUBTOTAL 2,606,078 2,606,278 2,673,878 28,300 2,634,378
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
120 SERVICEWIDE 11,027 11,027 11,027 11,027
TRANSPORTATION.....
130 ADMINISTRATION...... 16,749 16,749 16,749 16,749
140 SERVICEWIDE 17,825 17,825 17,825 17,825
COMMUNICATIONS.....
150 MANPOWER MANAGEMENT. 6,177 6,177 6,177 6,177
160 RECRUITING AND 54,475 54,475 54,475 54,475
ADVERTISING........
SUBTOTAL ADMIN & 106,253 106,253 106,253 106,253
SRVWD ACTIVITIES
UNDISTRIBUTED
180 UNDISTRIBUTED....... -6,800 -6,800 -6,800
Excessive [-6,800] [-6,800]
standard price
for fuel........
SUBTOTAL -6,800 -6,800 -6,800
UNDISTRIBUTED...
TOTAL OPERATION 2,712,331 2,705,731 2,780,131 21,500 2,733,831
& MAINTENANCE,
ARMY RES.......
OPERATION &
MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS...... 708,251 708,251 778,251 50,000 758,251
Home station [70,000] [50,000]
training
unfunded
requirement.....
020 MODULAR SUPPORT 197,251 197,251 197,251 197,251
BRIGADES...........
030 ECHELONS ABOVE 792,271 792,271 792,271 792,271
BRIGADE............
040 THEATER LEVEL ASSETS 80,341 80,341 80,341 80,341
050 LAND FORCES 37,138 37,138 39,538 37,138
OPERATIONS SUPPORT.
Range increase [2,400]
unfunded
requirement.....
060 AVIATION ASSETS..... 887,625 887,625 887,625 -2,800 884,825
Unjustified [-2,800]
program growth..
070 FORCE READINESS 696,267 696,467 696,267 -6,115 690,152
OPERATIONS SUPPORT.
Defense Language [200] [200]
Program.........
Unjustified [-6,315]
program growth..
080 LAND FORCES SYSTEMS 61,240 61,240 61,240 61,240
READINESS..........
090 LAND FORCES DEPOT 219,948 219,948 274,548 219,948
MAINTENANCE........
Depot [42,300]
maintenance
unfunded
requirement.....
TWV depot [12,300]
maintenance
unfunded
requirement.....
100 BASE OPERATIONS 1,040,012 1,040,012 1,040,012 1,040,012
SUPPORT............
110 FACILITIES 676,715 676,715 708,815 14,400 691,115
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Restore [32,100] [14,400]
Sustainment
shortfalls......
120 MANAGEMENT AND 1,021,144 1,021,144 1,021,144 1,021,144
OPERATIONAL
HEADQUARTERS.......
SUBTOTAL 6,418,203 6,418,403 6,577,303 55,485 6,473,688
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
130 SERVICEWIDE 6,396 6,396 6,396 6,396
TRANSPORTATION.....
140 ADMINISTRATION...... 68,528 71,052 68,528 1,150 69,678
National Guard [2,524]
State
Partnership
Program.........
State [1,150]
Partnership
Program.........
150 SERVICEWIDE 76,524 76,524 76,524 76,524
COMMUNICATIONS.....
160 MANPOWER MANAGEMENT. 7,712 7,712 7,712 7,712
170 OTHER PERSONNEL 245,046 245,046 249,546 245,046
SUPPORT............
Director of [9,500]
Psychological
Health (DPH)
Positions.......
Program decrease [-5,000]
180 REAL ESTATE 2,961 2,961 2,961 2,961
MANAGEMENT.........
SUBTOTAL ADMIN & 407,167 409,691 411,667 1,150 408,317
SRVWD ACTIVITIES
UNDISTRIBUTED
190 UNDISTRIBUTED....... -29,000 -29,000 -29,000
Excessive [-29,000] [-29,000]
standard price
for fuel........
SUBTOTAL -29,000 -29,000 -29,000
UNDISTRIBUTED...
TOTAL OPERATION 6,825,370 6,799,094 6,988,970 27,635 6,853,005
& MAINTENANCE,
ARNG...........
OPERATION &
MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER 4,094,765 4,094,765 4,094,765 4,094,765
FLIGHT OPERATIONS..
020 FLEET AIR TRAINING.. 1,722,473 1,722,473 1,722,473 1,722,473
030 AVIATION TECHNICAL 52,670 52,670 52,670 52,670
DATA & ENGINEERING
SERVICES...........
040 AIR OPERATIONS AND 97,584 97,584 97,584 97,584
SAFETY SUPPORT.....
050 AIR SYSTEMS SUPPORT. 446,733 446,733 446,733 6,500 453,233
Marine Corps [5,300]
unfunded
requirement--acc
elerate
readiness - H-1.
Marine Corps [1,200]
unfunded
requirement--acc
elerate
readiness - MV-
22B.............
060 AIRCRAFT DEPOT 1,007,681 1,007,681 1,041,681 64,000 1,071,681
MAINTENANCE........
AC Depot [34,000] [34,000]
maintenance
unfunded
requirement.....
Navy unfunded [30,000]
requirement--Imp
rove Afloat
Readiness.......
070 AIRCRAFT DEPOT 38,248 38,248 38,248 38,248
OPERATIONS SUPPORT.
080 AVIATION LOGISTICS.. 564,720 564,720 586,120 33,500 598,220
E-6B and F-35 [16,000] [16,000]
sustainment
unfunded
requirement.....
Marine Corps [6,800]
unfunded
requirement--acc
elerate
readiness - KC-
130J............
Marine Corps [10,700]
unfunded
requirement--acc
elerate
readiness - MV-
22B.............
MV-22 JPBL [5,400]
unfunded
requirement.....
090 MISSION AND OTHER 3,513,083 3,513,083 3,513,083 348,200 3,861,283
SHIP OPERATIONS....
Cruiser [90,200]
Modernization...
Navy unfunded [158,000]
requirement--Imp
rove Afloat
Readiness.......
Navy unfunded [41,000]
requirement--Res
tore 3 CG
Deployments.....
Navy unfunded [59,000]
requirement--Rev
erse PONCE (LPD-
15) Inactivation
100 SHIP OPERATIONS 743,765 743,765 743,765 19,700 763,465
SUPPORT & TRAINING.
Navy unfunded [19,700]
requirement--Res
tore Fleet
Training........
110 SHIP DEPOT 5,168,273 5,177,773 5,168,273 318,600 5,486,873
MAINTENANCE........
Cruiser [71,100]
Modernization...
Navy unfunded [238,000]
requirement--Shi
p Depot
Wholeness.......
Program increase [9,500] [9,500]
120 SHIP DEPOT 1,575,578 1,575,578 1,575,578 79,000 1,654,578
OPERATIONS SUPPORT.
Navy unfunded [79,000]
requirement--Inc
rease Alfoat
Readiness.......
130 COMBAT 558,727 558,727 558,727 558,727
COMMUNICATIONS.....
140 ELECTRONIC WARFARE.. 105,680 105,680 105,680 105,680
150 SPACE SYSTEMS AND 180,406 180,406 180,406 180,406
SURVEILLANCE.......
160 WARFARE TACTICS..... 470,032 470,032 470,032 470,032
170 OPERATIONAL 346,703 346,703 346,703 346,703
METEOROLOGY AND
OCEANOGRAPHY.......
180 COMBAT SUPPORT 1,158,688 1,158,688 1,158,688 1,158,688
FORCES.............
190 EQUIPMENT 113,692 113,692 113,692 113,692
MAINTENANCE........
200 DEPOT OPERATIONS 2,509 2,509 2,509 2,509
SUPPORT............
210 COMBATANT COMMANDERS 91,019 91,019 91,019 91,019
CORE OPERATIONS....
220 COMBATANT COMMANDERS 74,780 74,780 74,780 74,780
DIRECT MISSION
SUPPORT............
230 CRUISE MISSILE...... 106,030 106,030 106,030 106,030
240 FLEET BALLISTIC 1,233,805 1,241,305 1,233,805 1,233,805
MISSILE............
Engineering and [7,500]
Technical
Services,
Project 934.....
250 IN-SERVICE WEAPONS 163,025 163,025 163,025 163,025
SYSTEMS SUPPORT....
260 WEAPONS MAINTENANCE. 553,269 551,469 553,269 553,269
Heavy Weight [-1,500]
Torpedo Program
Execution.......
Light Weight [-300]
Torpedo Program
Execution.......
270 OTHER WEAPON SYSTEMS 350,010 350,010 350,010 350,010
SUPPORT............
280 ENTERPRISE 790,685 790,685 736,385 790,685
INFORMATION........
Underexecution.. [-54,300]
290 SUSTAINMENT, 1,642,742 1,642,742 1,803,642 55,100 1,697,842
RESTORATION AND
MODERNIZATION......
Restore [160,900] [55,100]
Sustainment
shortfalls......
300 BASE OPERATING 4,206,136 4,206,136 4,206,136 4,206,136
SUPPORT............
SUBTOTAL 31,173,511 31,188,711 31,335,511 924,600 32,098,111
OPERATING FORCES
MOBILIZATION
310 SHIP PREPOSITIONING 893,517 893,517 893,517 893,517
AND SURGE..........
320 READY RESERVE FORCE. 274,524 274,524 274,524 274,524
330 AIRCRAFT ACTIVATIONS/ 6,727 6,727 6,727 6,727
INACTIVATIONS......
340 SHIP ACTIVATIONS/ 288,154 288,154 288,154 288,154
INACTIVATIONS......
350 EXPEDITIONARY HEALTH 95,720 95,720 95,720 95,720
SERVICES SYSTEMS...
360 INDUSTRIAL READINESS 2,109 2,109 2,109 2,109
370 COAST GUARD SUPPORT. 21,114 21,114 21,114 21,114
SUBTOTAL 1,581,865 1,581,865 1,581,865 1,581,865
MOBILIZATION....
TRAINING AND
RECRUITING
380 OFFICER ACQUISITION. 143,815 143,815 143,815 143,815
390 RECRUIT TRAINING.... 8,519 8,519 8,519 8,519
400 RESERVE OFFICERS 143,445 143,445 143,445 143,445
TRAINING CORPS.....
410 SPECIALIZED SKILL 699,214 699,214 699,214 699,214
TRAINING...........
420 FLIGHT TRAINING..... 5,310 5,310 5,310 5,310
430 PROFESSIONAL 172,852 174,052 172,852 172,852
DEVELOPMENT
EDUCATION..........
Naval Sea Cadets [1,200]
440 TRAINING SUPPORT.... 222,728 222,728 222,728 222,728
450 RECRUITING AND 225,647 225,647 225,647 225,647
ADVERTISING........
460 OFF-DUTY AND 130,569 130,569 130,569 130,569
VOLUNTARY EDUCATION
470 CIVILIAN EDUCATION 73,730 73,730 73,730 73,730
AND TRAINING.......
480 JUNIOR ROTC......... 50,400 50,400 50,400 50,400
SUBTOTAL 1,876,229 1,877,429 1,876,229 1,876,229
TRAINING AND
RECRUITING......
ADMIN & SRVWD
ACTIVITIES
490 ADMINISTRATION...... 917,453 917,453 917,453 917,453
500 EXTERNAL RELATIONS.. 14,570 14,570 14,570 14,570
510 CIVILIAN MANPOWER 124,070 124,070 124,070 124,070
AND PERSONNEL
MANAGEMENT.........
520 MILITARY MANPOWER 369,767 369,767 369,767 369,767
AND PERSONNEL
MANAGEMENT.........
530 OTHER PERSONNEL 285,927 285,927 281,927 285,927
SUPPORT............
NHHC unjustified [-4,000]
growth..........
540 SERVICEWIDE 319,908 319,908 319,908 319,908
COMMUNICATIONS.....
570 SERVICEWIDE 171,659 171,659 171,659 171,659
TRANSPORTATION.....
580 ENVIRONMENTAL 18,000
PROGRAMS...........
Environmental [18,000]
program
shortfall
unfunded
requirement.....
590 PLANNING, 270,863 270,863 270,863 270,863
ENGINEERING AND
DESIGN.............
600 ACQUISITION AND 1,112,766 1,112,766 1,112,766 1,112,766
PROGRAM MANAGEMENT.
610 HULL, MECHANICAL AND 49,078 49,078 49,078 49,078
ELECTRICAL SUPPORT.
620 COMBAT/WEAPONS 24,989 24,989 24,989 24,989
SYSTEMS............
630 SPACE AND ELECTRONIC 72,966 72,966 72,966 72,966
WARFARE SYSTEMS....
640 NAVAL INVESTIGATIVE 595,711 595,711 595,711 595,711
SERVICE............
700 INTERNATIONAL 4,809 4,809 4,809 4,809
HEADQUARTERS AND
AGENCIES...........
730 CLASSIFIED PROGRAMS. 517,440 517,440 517,440 517,440
SUBTOTAL ADMIN & 4,851,976 4,851,976 4,865,976 4,851,976
SRVWD ACTIVITIES
UNDISTRIBUTED
740 UNDISTRIBUTED....... -585,600 -260,290 -416,900 -416,900
15% printing [-7,300]
reduction.......
Excessive [-390,500] [-238,380] [-390,500]
standard price
for fuel........
Foreign Currency [-26,400] [-14,610] [-26,400]
adjustments.....
Historical [-174,100]
unobligated
balances........
Prohibition on [5,400]
Per Diem
Allowance
Reduction.......
SUBTOTAL -585,600 -260,290 -416,900 -416,900
UNDISTRIBUTED...
TOTAL OPERATION 39,483,581 38,914,381 39,399,291 507,700 39,991,281
& MAINTENANCE,
NAVY...........
OPERATION &
MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES.. 674,613 674,613 738,313 85,700 760,313
Enterprise [5,700] [5,700]
network defense
unfunded
requirement.....
Exercise program [58,000] [58,000]
unfunded
requirement.....
Marine Corps [22,000]
unfunded
requirement-
enhanced combat
helmets.........
020 FIELD LOGISTICS..... 947,424 947,424 975,524 36,250 983,674
Critical/ no [600] [600]
fail EOD
unfunded
requirement.....
Marine Corps [13,300] [13,200]
unfunded
requirement-
rifle combat
optic
modernization...
Marine Corps [8,250]
unfunded
requirement-
SPMAGTF--C4 UUNS
Nano/VTOL [14,200] [14,200]
unfunded
requirement.....
030 DEPOT MAINTENANCE... 206,783 206,783 214,583 7,800 214,583
Depot [7,800] [7,800]
maintenance
unfunded
requirement.....
040 MARITIME 85,276 85,276 85,276 85,276
PREPOSITIONING.....
050 SUSTAINMENT, 632,673 632,673 711,173 62,000 694,673
RESTORATION &
MODERNIZATION......
Facility [39,200] [39,200]
demolition
unfunded
requirement.....
Restore [39,300] [22,800]
Sustainment
shortfalls......
060 BASE OPERATING 2,136,626 2,136,626 2,136,626 2,136,626
SUPPORT............
SUBTOTAL 4,683,395 4,683,395 4,861,495 191,750 4,875,145
OPERATING FORCES
TRAINING AND
RECRUITING
070 RECRUIT TRAINING.... 15,946 15,946 15,946 15,946
080 OFFICER ACQUISITION. 935 935 935 935
090 SPECIALIZED SKILL 99,305 99,305 99,305 99,305
TRAINING...........
100 PROFESSIONAL 45,495 45,995 45,495 45,495
DEVELOPMENT
EDUCATION..........
MOS-to-Degree [500]
Program.........
110 TRAINING SUPPORT.... 369,979 369,979 369,979 369,979
120 RECRUITING AND 165,566 165,566 165,566 165,566
ADVERTISING........
130 OFF-DUTY AND 35,133 35,133 35,133 35,133
VOLUNTARY EDUCATION
140 JUNIOR ROTC......... 23,622 23,622 23,622 23,622
SUBTOTAL 755,981 756,481 755,981 755,981
TRAINING AND
RECRUITING......
ADMIN & SRVWD
ACTIVITIES
150 SERVICEWIDE 34,534 34,534 34,534 34,534
TRANSPORTATION.....
160 ADMINISTRATION...... 355,932 355,932 355,932 355,932
180 ACQUISITION AND 76,896 76,896 76,896 76,896
PROGRAM MANAGEMENT.
200 CLASSIFIED PROGRAMS. 47,520 47,520 47,520 47,520
SUBTOTAL ADMIN & 514,882 514,882 514,882 514,882
SRVWD ACTIVITIES
UNDISTRIBUTED
210 UNDISTRIBUTED....... -37,700 -41,830 -6,400 -6,400
15% printing [-14,300]
reduction.......
Excessive [-4,900] [-24,660] [-4,900]
standard price
for fuel........
Foreign Currency [-1,500] [-2,870] [-1,500]
adjustments.....
Historical [-33,100]
unobligated
balances........
Prohibition on [1,800]
Per Diem
Allowance
Reduction.......
SUBTOTAL -37,700 -41,830 -6,400 -6,400
UNDISTRIBUTED...
TOTAL OPERATION 5,954,258 5,917,058 6,090,528 185,350 6,139,608
& MAINTENANCE,
MARINE CORPS...
OPERATION &
MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER 526,190 526,190 526,190 526,190
FLIGHT OPERATIONS..
020 INTERMEDIATE 6,714 6,714 6,714 6,714
MAINTENANCE........
030 AIRCRAFT DEPOT 86,209 86,209 86,209 4,000 90,209
MAINTENANCE........
Navy unfunded [4,000]
requirement--Imp
rove Afloat
Readiness.......
040 AIRCRAFT DEPOT 389 389 389 389
OPERATIONS SUPPORT.
050 AVIATION LOGISTICS.. 10,189 10,189 10,189 10,189
070 SHIP OPERATIONS 560 560 560 300 860
SUPPORT & TRAINING.
Navy unfunded [300]
requirement--Res
tore Fleet
Training........
090 COMBAT 13,173 13,173 13,173 13,173
COMMUNICATIONS.....
100 COMBAT SUPPORT 109,053 109,053 109,053 109,053
FORCES.............
120 ENTERPRISE 27,226 27,226 27,226 27,226
INFORMATION........
130 SUSTAINMENT, 27,571 27,571 33,371 1,100 28,671
RESTORATION AND
MODERNIZATION......
Restore [5,800] [1,100]
Sustainment
shortfalls......
140 BASE OPERATING 99,166 99,166 99,166 99,166
SUPPORT............
SUBTOTAL 906,440 906,440 912,240 5,400 911,840
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
150 ADMINISTRATION...... 1,351 1,351 1,351 1,351
160 MILITARY MANPOWER 13,251 13,251 13,251 13,251
AND PERSONNEL
MANAGEMENT.........
170 SERVICEWIDE 3,445 3,445 3,445 3,445
COMMUNICATIONS.....
180 ACQUISITION AND 3,169 3,169 3,169 3,169
PROGRAM MANAGEMENT.
SUBTOTAL ADMIN & 21,216 21,216 21,216 21,216
SRVWD ACTIVITIES
UNDISTRIBUTED
200 UNDISTRIBUTED....... -26,600 -26,600 -26,600
Excessive [-26,600] [-26,600]
standard price
for fuel........
SUBTOTAL -26,600 -26,600 -26,600
UNDISTRIBUTED...
TOTAL OPERATION 927,656 901,056 933,456 -21,200 906,456
& MAINTENANCE,
NAVY RES.......
OPERATION &
MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.... 94,154 94,154 94,154 94,154
020 DEPOT MAINTENANCE... 18,594 18,594 18,594 18,594
030 SUSTAINMENT, 25,470 25,470 30,970 700 26,170
RESTORATION AND
MODERNIZATION......
Restore [5,500] [700]
Sustainment
shortfalls......
040 BASE OPERATING 111,550 111,550 111,550 111,550
SUPPORT............
SUBTOTAL 249,768 249,768 255,268 700 250,468
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
050 SERVICEWIDE 902 902 902 902
TRANSPORTATION.....
060 ADMINISTRATION...... 11,130 11,130 11,130 11,130
070 RECRUITING AND 8,833 8,833 8,833 8,833
ADVERTISING........
SUBTOTAL ADMIN & 20,865 20,865 20,865 20,865
SRVWD ACTIVITIES
UNDISTRIBUTED
090 UNDISTRIBUTED....... -800 -800 -800
Excessive [-800] [-800]
standard price
for fuel........
SUBTOTAL -800 -800 -800
UNDISTRIBUTED...
TOTAL OPERATION 270,633 269,833 276,133 -100 270,533
& MAINTENANCE,
MC RESERVE.....
OPERATION &
MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT 3,294,124 3,294,124 3,294,124 3,294,124
FORCES.............
020 COMBAT ENHANCEMENT 1,682,045 1,682,045 1,684,845 2,800 1,684,845
FORCES.............
HH-60 unfunded [2,800] [2,800]
requirement.....
030 AIR OPERATIONS 1,730,757 1,730,757 1,730,757 1,730,757
TRAINING (OJT,
MAINTAIN SKILLS)...
040 DEPOT MAINTENANCE... 7,042,988 6,986,488 7,193,388 113,076 7,156,064
Compass Call [-56,500] [-56,500]
Program
Restructure.....
Weapon system [150,400] [169,576]
sustainment
unfunded
requirement.....
050 FACILITIES 1,657,019 1,657,019 1,657,019 53,000 1,710,019
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Restore [53,000]
Sustainment
shortfalls......
060 BASE SUPPORT........ 2,787,216 2,787,216 2,787,216 2,787,216
070 GLOBAL C3I AND EARLY 887,831 887,831 887,831 40,000 927,831
WARNING............
Air Force [40,000]
unfunded
requirement--Gro
und Based Radars
080 OTHER COMBAT OPS SPT 1,070,178 1,070,178 1,070,178 1,070,178
PROGRAMS...........
100 LAUNCH FACILITIES... 208,582 208,582 208,582 208,582
110 SPACE CONTROL 362,250 362,250 362,250 362,250
SYSTEMS............
120 COMBATANT COMMANDERS 907,245 907,245 907,245 907,245
DIRECT MISSION
SUPPORT............
130 COMBATANT COMMANDERS 199,171 199,171 199,171 199,171
CORE OPERATIONS....
135 CLASSIFIED PROGRAMS. 930,757 930,757 930,757 930,757
SUBTOTAL 22,760,163 22,703,663 22,913,363 208,876 22,969,039
OPERATING FORCES
MOBILIZATION
140 AIRLIFT OPERATIONS.. 1,703,059 1,703,059 1,703,059 1,703,059
150 MOBILIZATION 138,899 138,899 138,899 138,899
PREPAREDNESS.......
160 DEPOT MAINTENANCE... 1,553,439 1,553,439 1,619,839 66,424 1,619,863
Weapon system [66,400] [66,424]
sustainment
unfunded
requirement.....
170 FACILITIES 258,328 258,328 258,328 8,300 266,628
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Restore [8,300]
Sustainment
shortfalls......
180 BASE SUPPORT........ 722,756 722,756 722,756 722,756
SUBTOTAL 4,376,481 4,376,481 4,442,881 74,724 4,451,205
MOBILIZATION....
TRAINING AND
RECRUITING
190 OFFICER ACQUISITION. 120,886 120,886 120,886 120,886
200 RECRUIT TRAINING.... 23,782 23,782 23,782 23,782
210 RESERVE OFFICERS 77,692 77,692 77,692 77,692
TRAINING CORPS
(ROTC).............
220 FACILITIES 236,254 236,254 393,954 7,600 243,854
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Restore [157,700] [7,600]
Sustainment
shortfalls......
230 BASE SUPPORT........ 819,915 819,915 819,915 819,915
240 SPECIALIZED SKILL 387,446 387,446 387,446 387,446
TRAINING...........
250 FLIGHT TRAINING..... 725,134 725,134 725,134 725,134
260 PROFESSIONAL 264,213 264,213 264,213 264,213
DEVELOPMENT
EDUCATION..........
270 TRAINING SUPPORT.... 86,681 86,681 86,681 86,681
280 DEPOT MAINTENANCE... 305,004 305,004 305,004 305,004
290 RECRUITING AND 104,754 104,754 77,754 104,754
ADVERTISING........
Advertising [-27,000]
unjustified
growth..........
300 EXAMINING........... 3,944 3,944 3,944 3,944
310 OFF-DUTY AND 184,841 184,841 184,841 184,841
VOLUNTARY EDUCATION
320 CIVILIAN EDUCATION 173,583 173,583 173,583 173,583
AND TRAINING.......
330 JUNIOR ROTC......... 58,877 58,877 58,877 58,877
SUBTOTAL 3,573,006 3,573,006 3,703,706 7,600 3,580,606
TRAINING AND
RECRUITING......
ADMIN & SRVWD
ACTIVITIES
340 LOGISTICS OPERATIONS 1,107,846 1,107,846 1,107,846 1,107,846
350 TECHNICAL SUPPORT 924,185 924,185 924,185 924,185
ACTIVITIES.........
360 DEPOT MAINTENANCE... 48,778 48,778 48,778 48,778
370 FACILITIES 321,013 321,013 321,013 10,300 331,313
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Restore [10,300]
Sustainment
shortfalls......
380 BASE SUPPORT........ 1,115,910 1,115,910 1,115,910 1,115,910
390 ADMINISTRATION...... 811,650 811,650 811,650 811,650
400 SERVICEWIDE 269,809 269,809 269,809 269,809
COMMUNICATIONS.....
410 OTHER SERVICEWIDE 961,304 961,304 961,304 961,304
ACTIVITIES.........
420 CIVIL AIR PATROL.... 25,735 30,500 25,735 2,800 28,535
Civil Air Patrol [4,765] [2,800]
O&M Support.....
450 INTERNATIONAL 90,573 90,573 90,573 90,573
SUPPORT............
460 CLASSIFIED PROGRAMS. 1,131,603 1,131,603 1,131,603 1,131,603
SUBTOTAL ADMIN & 6,808,406 6,813,171 6,808,406 13,100 6,821,506
SRVWD ACTIVITIES
UNDISTRIBUTED
470 UNDISTRIBUTED....... -765,900 -436,910 -484,700 -484,700
15% printing [-8,900]
reduction.......
Excessive [-368,000] [-394,560] [-368,000]
standard price
for fuel........
Foreign Currency [-116,700] [-33,450] [-116,700]
adjustments.....
Historical [-288,000]
unobligated
balances........
Prohibition on [6,800]
Per Diem
Allowance
Reduction.......
SUBTOTAL -765,900 -436,910 -484,700 -484,700
UNDISTRIBUTED...
TOTAL OPERATION 37,518,056 36,700,421 37,431,446 -180,400 37,337,656
& MAINTENANCE,
AIR FORCE......
OPERATION &
MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT 1,707,882 1,707,882 1,707,882 1,707,882
FORCES.............
020 MISSION SUPPORT 230,016 230,016 259,016 230,016
OPERATIONS.........
Lodging in kind [29,000]
unfunded
requirement.....
030 DEPOT MAINTENANCE... 541,743 541,743 541,743 541,743
040 FACILITIES 113,470 113,470 125,170 2,700 116,170
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Restore [11,700] [2,700]
Sustainment
shortfalls......
050 BASE SUPPORT........ 384,832 384,832 384,832 384,832
SUBTOTAL 2,977,943 2,977,943 3,018,643 2,700 2,980,643
OPERATING FORCES
ADMINISTRATION AND
SERVICEWIDE
ACTIVITIES
060 ADMINISTRATION...... 54,939 54,939 54,939 54,939
070 RECRUITING AND 14,754 14,754 14,754 14,754
ADVERTISING........
080 MILITARY MANPOWER 12,707 12,707 12,707 12,707
AND PERS MGMT
(ARPC).............
090 OTHER PERS SUPPORT 7,210 7,210 7,210 7,210
(DISABILITY COMP)..
100 AUDIOVISUAL......... 376 376 376 376
SUBTOTAL 89,986 89,986 89,986 89,986
ADMINISTRATION
AND SERVICEWIDE
ACTIVITIES......
UNDISTRIBUTED
110 UNDISTRIBUTED....... -59,700 -59,700 -59,700
Excessive [-59,700] [-59,700]
standard price
for fuel........
SUBTOTAL -59,700 -59,700 -59,700
UNDISTRIBUTED...
TOTAL OPERATION 3,067,929 3,008,229 3,108,629 -57,000 3,010,929
& MAINTENANCE,
AF RESERVE.....
OPERATION &
MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS. 3,282,238 3,282,238 3,282,238 -4,000 3,278,238
Unjustifed [-4,000]
growth..........
020 MISSION SUPPORT 723,062 723,062 723,062 723,062
OPERATIONS.........
030 DEPOT MAINTENANCE... 1,824,329 1,824,329 1,867,529 43,200 1,867,529
Weapon system [3,200] [3,200]
sustainment
engines unfunded
requirement.....
Weapon system [40,000] [40,000]
sustainment
unfunded
requirement.....
040 FACILITIES 245,840 245,840 259,840 9,100 254,940
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Restore [14,000] [9,100]
Sustainment
shortfalls......
050 BASE SUPPORT........ 575,548 575,548 575,548 575,548
SUBTOTAL 6,651,017 6,651,017 6,708,217 48,300 6,699,317
OPERATING FORCES
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
060 ADMINISTRATION...... 23,715 26,239 23,715 23,715
National Guard [2,524]
State
Partnership
Program.........
070 RECRUITING AND 28,846 28,846 28,846 28,846
ADVERTISING........
SUBTOTAL 52,561 55,085 52,561 52,561
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
UNDISTRIBUTED
080 UNDISTRIBUTED....... -117,700 -117,700 -117,700
Excessive [-117,700] [-117,700]
standard price
for fuel........
SUBTOTAL -117,700 -117,700 -117,700
UNDISTRIBUTED...
TOTAL OPERATION 6,703,578 6,588,402 6,760,778 -69,400 6,634,178
& MAINTENANCE,
ANG............
OPERATION &
MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF 506,113 506,113 506,113 506,113
STAFF..............
020 OFFICE OF THE 524,439 519,439 524,439 524,439
SECRETARY OF
DEFENSE............
Program decrease [-5,000]
030 SPECIAL OPERATIONS 4,898,159 4,898,159 4,852,859 -8,800 4,889,359
COMMAND/OPERATING
FORCES.............
Unjustified [-45,300] [-8,800]
growth in total
civilian
compensation....
SUBTOTAL 5,928,711 5,923,711 5,883,411 -8,800 5,919,911
OPERATING FORCES
TRAINING AND
RECRUITING
040 DEFENSE ACQUISITION 138,658 138,658 138,658 138,658
UNIVERSITY.........
050 JOINT CHIEFS OF 85,701 85,701 95,701 85,701
STAFF..............
Model [10,000]
alternative
design of
reconaissance
strike group....
070 SPECIAL OPERATIONS 365,349 365,349 365,349 365,349
COMMAND/TRAINING
AND RECRUITING.....
SUBTOTAL 589,708 589,708 599,708 589,708
TRAINING AND
RECRUITING......
ADMINISTRATION AND
SERVICEWIDE
ACTIVITIES
080 CIVIL MILITARY 160,480 195,480 185,480 35,339 195,819
PROGRAMS...........
National Guard [15,000] [10,339]
Youth Challenge
Program.........
STARBASE........ [20,000] [25,000] [25,000]
100 DEFENSE CONTRACT 630,925 630,925 630,925 630,925
AUDIT AGENCY.......
110 DEFENSE CONTRACT 1,356,380 1,356,380 1,356,380 1,356,380
MANAGEMENT AGENCY..
120 DEFENSE HUMAN 683,620 683,620 683,620 683,620
RESOURCES ACTIVITY.
130 DEFENSE INFORMATION 1,439,891 1,439,891 1,439,891 1,439,891
SYSTEMS AGENCY.....
150 DEFENSE LEGAL 24,984 24,984 24,984 24,984
SERVICES AGENCY....
160 DEFENSE LOGISTICS 357,964 354,964 352,164 -5,800 352,164
AGENCY.............
Price [-3,000] [-5,800] [-5,800]
Comparability
Office
unjustified
growth..........
170 DEFENSE MEDIA 223,422 213,422 223,422 223,422
ACTIVITY...........
Program decrease [-10,000]
180 DEFENSE PERSONNEL 112,681 112,681 112,681 112,681
ACCOUNTING AGENCY..
190 DEFENSE SECURITY 496,754 496,754 81,954 125,000 621,754
COOPERATION AGENCY.
Transfer [-26,800]
Combatting
Terrorism
Fellowship to to
Security
Cooperation
Enhancement Fund
Transfer Defense [-2,600]
Institute of
International
Legal Studies to
Security
Cooperation
Enhancement Fund
Transfer Defense [-25,600]
Institution
Reform
Initiative to to
Security
Cooperation
Enhancement Fund
Transfer from [125,000]
Drug
Interdiction and
Counter-Drug
Activities......
Transfer Global [-270,200]
Train and Equip
to Security
Cooperation
Enhancement Fund
Transfer [-9,200]
Ministry of
Defense Advisors
to to Security
Cooperation
Enhancement Fund
Transfer [-58,600]
Regional Centers
to Security
Cooperation
Enhancement Fund
Transfer Wales [-21,800]
initaitive Fund/
Partnership for
Peace to
Security
Cooperation
Enhancement Fund
200 DEFENSE SECURITY 538,711 538,711 538,711 538,711
SERVICE............
230 DEFENSE TECHNOLOGY 35,417 35,417 35,417 35,417
SECURITY
ADMINISTRATION.....
240 DEFENSE THREAT 448,146 448,146 448,146 448,146
REDUCTION AGENCY...
260 DEPARTMENT OF 2,671,143 2,701,143 2,701,143 30,000 2,701,143
DEFENSE EDUCATION
ACTIVITY...........
Impact Aid...... [30,000] [25,000] [25,000]
Impact Aid [5,000] [5,000]
severe
disabilities....
270 MISSILE DEFENSE 446,975 446,975 446,975 446,975
AGENCY.............
290 OFFICE OF ECONOMIC 155,399 155,399 123,199 -19,200 136,199
ADJUSTMENT.........
Guam public [-32,200] [-19,200]
health lab......
300 OFFICE OF THE 1,481,643 1,406,713 1,502,643 5,650 1,487,293
SECRETARY OF
DEFENSE............
Alcohol Abuse [1,000]
Prevention
Program.........
BRAC 2017 Round [-3,530] [-4,000] [-3,530]
Planning and
Analyses........
CWMD [-3,800] [-3,800]
Sustainment:
Constellation
program
reduction.......
DOD rewards [-5,000] [-1,000]
early to need...
Intelligence [-1,000]
Management--prog
ram reduction...
Program decrease [-84,428]
Reeadiness [15,828] [14,980]
environmental
protection
initiative......
Secretary of [30,000]
Defense Delivery
Unit............
310 SPECIAL OPERATIONS 89,429 70,829 89,429 89,429
COMMAND/ADMIN & SVC-
WIDE ACTIVITIES....
SOCOM MH-60 [-18,600]
Block Upgrades /
MH-60M
Replacement.....
320 WASHINGTON 629,874 619,874 629,874 629,874
HEADQUARTERS
SERVICES...........
Program decrease [-10,000]
330 CLASSIFIED PROGRAMS. 14,069,333 14,071,333 14,054,033 14,069,333
Classified [2,000]
adjustment......
Reduction to NSA [-27,000]
Information
Systems and
Security Program
(4GT4)..........
Sharkseer email [11,700]
protection......
SUBTOTAL 26,053,171 26,003,641 25,661,071 170,989 26,224,160
ADMINISTRATION
AND SERVICEWIDE
ACTIVITIES......
UNDISTRIBUTED
340 UNDISTRIBUTED....... -308,900 -33,080 -47,100 -47,100
15% printing [-1,400]
reduction.......
Commission on [15,000]
Military,
National, and
Public Service..
Excessive [-17,800] [-41,100] [-17,800]
standard price
for fuel........
Foreign Currency [-34,300] [-10,580] [-34,300]
adjustments.....
Historical [-248,100]
unobligated
balances........
Program decrease [-15,000]
Prohibition on [6,300]
Per Diem
Allowance
Reduction.......
Temporary Duty [5,000] [5,000]
Assignment Per
Diem Rate Waiver
SUBTOTAL -308,900 -33,080 -47,100 -47,100
UNDISTRIBUTED...
TOTAL OPERATION 32,571,590 32,208,160 32,111,110 115,089 32,686,679
& MAINTENANCE,
DEFENSE-WIDE...
MISCELLANEOUS
APPROPRIATIONS
MISCELLANEOUS
APPROPRIATIONS
010 US COURT OF APPEALS 14,194 14,194 14,194 14,194
FOR THE ARMED
FORCES, DEFENSE....
020 OVERSEAS 105,125 105,125 105,125 105,125
HUMANITARIAN,
DISASTER AND CIVIC
AID................
030 COOPERATIVE THREAT 325,604 325,604 325,604 325,604
REDUCTION..........
050 ENVIRONMENTAL 170,167 170,167 170,167 170,167
RESTORATION, ARMY..
060 ENVIRONMENTAL 281,762 281,762 281,762 281,762
RESTORATION, NAVY..
070 ENVIRONMENTAL 371,521 371,521 371,521 371,521
RESTORATION, AIR
FORCE..............
080 ENVIRONMENTAL 9,009 9,009 9,009 9,009
RESTORATION,
DEFENSE............
090 ENVIRONMENTAL 197,084 197,084 197,084 197,084
RESTORATION
FORMERLY USED SITES
SUBTOTAL 1,474,466 1,474,466 1,474,466 1,474,466
MISCELLANEOUS
APPROPRIATIONS..
TOTAL 1,474,466 1,474,466 1,474,466 1,474,466
MISCELLANEOUS
APPROPRIATIONS.
TOTAL OPERATION 171,318,488 169,322,271 171,389,798 552,408 171,870,896
& MAINTENANCE..
----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Line Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE,
ARMY
OPERATING FORCES
010 MANEUVER UNITS........... 427,063 416,263 427,063 -10,800 416,263
Army requested [-10,800] [-10,800]
realignment (ERI)....
040 THEATER LEVEL ASSETS..... 1,834,423 1,904,523 1,834,423 1,834,423
Operational support [70,100]
for deployed end
strength of 9,800 in
Afghanistan..........
050 LAND FORCES OPERATIONS 558,086 158,386 558,086 -132,000 426,086
SUPPORT.................
Army requested [-132,000] [-132,000]
realignment (ERI)....
Operational support [67,200]
for deployed end
strength of 9,800 in
Afghanistan..........
Realign APS Unit Set [-334,900]
Requirements to Base.
060 AVIATION ASSETS.......... 58,620 90,120 58,620 58,620
Operational support [31,500]
for deployed end
strength of 9,800 in
Afghanistan..........
070 FORCE READINESS 1,552,468 1,725,968 1,552,468 -2,000 1,550,468
OPERATIONS SUPPORT......
Army requested [-2,000] [-2,000]
realignment (ERI)....
Operational support [175,500]
for deployed end
strength of 9,800 in
Afghanistan..........
080 LAND FORCES SYSTEMS 476,853 486,853 476,853 476,853
READINESS...............
Operational support [10,000]
for deployed end
strength of 9,800 in
Afghanistan..........
100 BASE OPERATIONS SUPPORT.. 45,749 30,749 45,749 45,749
Realign APS Unit Set [-15,000]
Requirements to Base.
140 ADDITIONAL ACTIVITIES.... 8,234,566 9,315,166 8,234,566 8,234,566
Operational support [1,093,200]
for deployed end
strength of 9,800 in
Afghanistan..........
Realign APS Unit Set [-12,600]
Requirements to Base.
150 COMMANDERS EMERGENCY 5,000 5,000 5,000 5,000
RESPONSE PROGRAM........
160 RESET.................... 1,100,722 1,100,722 1,100,722 1,100,722
170 COMBATANT COMMANDS DIRECT 79,568 79,568 79,568 79,568
MISSION SUPPORT.........
SUBTOTAL OPERATING 14,373,118 15,313,318 14,373,118 -144,800 14,228,318
FORCES...............
MOBILIZATION
190 ARMY PREPOSITIONED STOCKS 350,200 130,000 350,200 -220,200 130,000
Army requested [-220,200] [-220,200]
realignment (ERI)....
SUBTOTAL MOBILIZATION 350,200 130,000 350,200 -220,200 130,000
ADMIN & SRVWIDE
ACTIVITIES
350 SERVICEWIDE 720,399 739,499 720,399 120,000 840,399
TRANSPORTATION..........
Army requested [120,000] [120,000]
realignment (ERI)....
Operational support [203,100]
for deployed end
strength of 9,800 in
Afghanistan..........
Realign APS Unit Set [-304,000]
Requirements to Base.
380 AMMUNITION MANAGEMENT.... 13,974 49,074 13,974 13,974
Operational support [35,100]
for deployed end
strength of 9,800 in
Afghanistan..........
420 OTHER PERSONNEL SUPPORT.. 105,508 105,508 105,508 105,508
450 REAL ESTATE MANAGEMENT... 185,904 283,404 185,904 185,904
Operational support [97,500]
for deployed end
strength of 9,800 in
Afghanistan..........
530 CLASSIFIED PROGRAMS...... 909,278 923,578 909,278 909,278
Operational support [14,300]
for deployed end
strength of 9,800 in
Afghanistan..........
SUBTOTAL ADMIN & 1,935,063 2,101,063 1,935,063 120,000 2,055,063
SRVWIDE ACTIVITIES...
UNDISTRIBUTED
540 UNDISTRIBUTED............ -6,083,330
Excessive standard [-138,600]
price for fuel.......
Historical [-188,500]
unobligated balances.
Prorated OCO [-5,756,230]
allocation in support
of base readiness
requirements.........
SUBTOTAL -6,083,330
UNDISTRIBUTED........
TOTAL OPERATION & 16,658,381 11,461,051 16,658,381 -245,000 16,413,381
MAINTENANCE, ARMY...
OPERATION & MAINTENANCE,
ARMY RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE... 6,252 9,252 6,252 6,252
Operational support [3,000]
for deployed end
strength of 9,800 in
Afghanistan..........
040 LAND FORCES OPERATIONS 2,075 3,075 2,075 2,075
SUPPORT.................
Operational support [1,000]
for deployed end
strength of 9,800 in
Afghanistan..........
060 FORCE READINESS 1,140 1,440 1,140 1,140
OPERATIONS SUPPORT......
Operational support [300]
for deployed end
strength of 9,800 in
Afghanistan..........
090 BASE OPERATIONS SUPPORT.. 14,653 15,153 14,653 14,653
Operational support [500]
for deployed end
strength of 9,800 in
Afghanistan..........
SUBTOTAL OPERATING 24,120 28,920 24,120 24,120
FORCES...............
UNDISTRIBUTED
180 UNDISTRIBUTED............ -11,394
Prorated OCO [-11,394]
allocation in support
of base readiness
requirements.........
SUBTOTAL -11,394
UNDISTRIBUTED........
TOTAL OPERATION & 24,120 17,526 24,120 24,120
MAINTENANCE, ARMY
RES.................
OPERATION & MAINTENANCE,
ARNG
OPERATING FORCES
010 MANEUVER UNITS........... 10,564 16,564 10,564 10,564
Operational support [6,000]
for deployed end
strength of 9,800 in
Afghanistan..........
020 MODULAR SUPPORT BRIGADES. 748 748 748 748
030 ECHELONS ABOVE BRIGADE... 5,751 7,451 5,751 5,751
Operational support [1,700]
for deployed end
strength of 9,800 in
Afghanistan..........
040 THEATER LEVEL ASSETS..... 200 200 200 200
060 AVIATION ASSETS.......... 27,183 30,983 27,183 27,183
Operational support [3,800]
for deployed end
strength of 9,800 in
Afghanistan..........
070 FORCE READINESS 2,741 2,741 2,741 2,741
OPERATIONS SUPPORT......
100 BASE OPERATIONS SUPPORT.. 18,800 18,800 18,800 18,800
120 MANAGEMENT AND 920 920 920 920
OPERATIONAL HEADQUARTERS
SUBTOTAL OPERATING 66,907 78,407 66,907 66,907
FORCES...............
UNDISTRIBUTED
190 UNDISTRIBUTED............ -30,892
Prorated OCO [-30,892]
allocation in support
of base readiness
requirements.........
SUBTOTAL -30,892
UNDISTRIBUTED........
TOTAL OPERATION & 66,907 47,515 66,907 66,907
MAINTENANCE, ARNG...
AFGHANISTAN SECURITY
FORCES FUND
MINISTRY OF DEFENSE
010 SUSTAINMENT.............. 2,173,341 2,173,341 2,173,341 2,173,341
020 INFRASTRUCTURE........... 48,262 48,262 48,262 48,262
030 EQUIPMENT AND 821,716 921,547 821,716 821,716
TRANSPORTATION..........
Maintain security [99,831]
forces at fiscal year
2016 levels..........
040 TRAINING AND OPERATIONS.. 289,139 350,555 289,139 289,139
Maintain security [61,416]
forces at fiscal year
2016 levels..........
SUBTOTAL MINISTRY OF 3,332,458 3,493,705 3,332,458 3,332,458
DEFENSE..............
MINISTRY OF INTERIOR
050 SUSTAINMENT.............. 860,441 880,300 860,441 860,441
Maintain security [19,859]
forces at fiscal year
2016 levels..........
060 INFRASTRUCTURE........... 20,837 20,837 20,837 20,837
070 EQUIPMENT AND 8,153 116,573 8,153 8,153
TRANSPORTATION..........
Maintain security [108,420]
forces at fiscal year
2016 levels..........
080 TRAINING AND OPERATIONS.. 41,326 65,342 41,326 41,326
Maintain security [24,016]
forces at fiscal year
2016 levels..........
SUBTOTAL MINISTRY OF 930,757 1,083,052 930,757 930,757
INTERIOR.............
UNDISTRIBUTED
110 UNDISTRIBUTED............ -1,482,289
Prorated OCO [-1,482,289]
allocation in support
of base readiness
requirements.........
SUBTOTAL -1,482,289
UNDISTRIBUTED........
TOTAL AFGHANISTAN 4,263,215 3,094,468 4,263,215 4,263,215
SECURITY FORCES FUND
IRAQ TRAIN AND EQUIP FUND
IRAQ TRAIN AND EQUIP FUND
010 IRAQ TRAIN AND EQUIP FUND 919,500 969,500 1,549,500 -919,500 0
Support to Kurdish [50,000]
and Sunni tribal
security forces for
operations in Mosul,
Iraq.................
Transfer from [180,000]
Coalition Support
Fund.................
Transfer from [200,000]
Counterterrorism
Partnership Fund.....
Transfer from Syria [250,000]
Train and Equip Fund.
Transfer to Counter- [-919,500]
ISIL Fund............
SUBTOTAL IRAQ TRAIN 919,500 969,500 1,549,500 -919,500 0
AND EQUIP FUND.......
UNDISTRIBUTED
020 UNDISTRIBUTED............ -267,913
Prorated OCO [-267,913]
allocation in support
of base readiness
requirements.........
SUBTOTAL -267,913
UNDISTRIBUTED........
TOTAL IRAQ TRAIN AND 919,500 701,587 1,549,500 -919,500 0
EQUIP FUND..........
SYRIA TRAIN AND EQUIP
FUND
SYRIA TRAIN AND EQUIP
FUND
010 SYRIA TRAIN AND EQUIP 250,000 250,000 -250,000 0
FUND....................
Transfer to Counter- [-250,000] [-250,000]
ISIL Fund............
SUBTOTAL SYRIA TRAIN 250,000 250,000 -250,000 0
AND EQUIP FUND.......
UNDISTRIBUTED
020 UNDISTRIBUTED............ -98,497
Prorated OCO [-98,497]
allocation in support
of base readiness
requirements.........
SUBTOTAL -98,497
UNDISTRIBUTED........
TOTAL SYRIA TRAIN 250,000 151,503 -250,000 0
AND EQUIP FUND......
COUNTER-ISIL FUND
COUNTER-ISIL FUND
010 COUNTER-ISIL FUND........ 1,169,500 1,169,500
Transfer from Iraq [919,500]
Train and Equip......
Transfer from Syria [250,000]
Train and Equip......
SUBTOTAL COUNTER-ISIL 1,169,500 1,169,500
FUND.................
TOTAL COUNTER-ISIL 1,169,500 1,169,500
FUND................
OPERATION & MAINTENANCE,
NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 427,452 427,452 427,452 427,452
OPERATIONS..............
040 AIR OPERATIONS AND SAFETY 4,603 4,603 4,603 4,603
SUPPORT.................
050 AIR SYSTEMS SUPPORT...... 159,049 159,049 159,049 159,049
060 AIRCRAFT DEPOT 113,994 113,994 113,994 113,994
MAINTENANCE.............
070 AIRCRAFT DEPOT OPERATIONS 1,840 1,840 1,840 1,840
SUPPORT.................
080 AVIATION LOGISTICS....... 35,529 35,529 35,529 35,529
090 MISSION AND OTHER SHIP 1,073,080 1,073,080 1,073,080 1,073,080
OPERATIONS..............
100 SHIP OPERATIONS SUPPORT & 17,306 17,306 17,306 17,306
TRAINING................
110 SHIP DEPOT MAINTENANCE... 2,128,431 2,128,431 2,128,431 2,128,431
130 COMBAT COMMUNICATIONS.... 21,257 21,257 21,257 21,257
160 WARFARE TACTICS.......... 22,603 22,603 22,603 22,603
170 OPERATIONAL METEOROLOGY 22,934 22,934 22,934 22,934
AND OCEANOGRAPHY........
180 COMBAT SUPPORT FORCES.... 575,305 575,305 575,305 575,305
190 EQUIPMENT MAINTENANCE.... 11,358 11,358 11,358 11,358
250 IN-SERVICE WEAPONS 61,000 61,000 61,000 61,000
SYSTEMS SUPPORT.........
260 WEAPONS MAINTENANCE...... 309,045 309,045 309,045 309,045
270 OTHER WEAPON SYSTEMS 8,000 8,000 8,000 8,000
SUPPORT.................
290 SUSTAINMENT, RESTORATION 7,819 7,819 7,819 7,819
AND MODERNIZATION.......
300 BASE OPERATING SUPPORT... 61,493 61,493 61,493 61,493
SUBTOTAL OPERATING 5,062,098 5,062,098 5,062,098 5,062,098
FORCES...............
MOBILIZATION
330 AIRCRAFT ACTIVATIONS/ 1,530 1,530 1,530 1,530
INACTIVATIONS...........
350 EXPEDITIONARY HEALTH 6,713 6,713 6,713 6,713
SERVICES SYSTEMS........
370 COAST GUARD SUPPORT...... 162,692 162,692 162,692 162,692
SUBTOTAL MOBILIZATION 170,935 170,935 170,935 170,935
TRAINING AND RECRUITING
410 SPECIALIZED SKILL 43,365 43,365 43,365 43,365
TRAINING................
SUBTOTAL TRAINING AND 43,365 43,365 43,365 43,365
RECRUITING...........
ADMIN & SRVWD ACTIVITIES
490 ADMINISTRATION........... 3,764 3,764 3,764 3,764
500 EXTERNAL RELATIONS....... 515 515 515 515
520 MILITARY MANPOWER AND 5,409 5,409 5,409 5,409
PERSONNEL MANAGEMENT....
530 OTHER PERSONNEL SUPPORT.. 1,578 1,578 1,578 1,578
570 SERVICEWIDE 126,700 126,700 126,700 126,700
TRANSPORTATION..........
600 ACQUISITION AND PROGRAM 9,261 9,261 9,261 9,261
MANAGEMENT..............
640 NAVAL INVESTIGATIVE 1,501 1,501 1,501 1,501
SERVICE.................
730 CLASSIFIED PROGRAMS...... 16,280 16,280 16,280 16,280
SUBTOTAL ADMIN & 165,008 165,008 165,008 165,008
SRVWD ACTIVITIES.....
UNDISTRIBUTED
740 UNDISTRIBUTED............ -2,226,518
Excessive standard [-120,300]
price for fuel.......
Prorated OCO [-2,106,218]
allocation in support
of base readiness
requirements.........
SUBTOTAL -2,226,518
UNDISTRIBUTED........
TOTAL OPERATION & 5,441,406 3,214,888 5,441,406 5,441,406
MAINTENANCE, NAVY...
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES....... 571,935 638,235 571,935 571,935
Operational support [66,300]
for deployed end
strength of 9,800 in
Afghanistan..........
020 FIELD LOGISTICS.......... 266,094 266,094 266,094 266,094
030 DEPOT MAINTENANCE........ 147,000 147,000 147,000 147,000
060 BASE OPERATING SUPPORT... 18,576 18,576 18,576 18,576
SUBTOTAL OPERATING 1,003,605 1,069,905 1,003,605 1,003,605
FORCES...............
TRAINING AND RECRUITING
110 TRAINING SUPPORT......... 31,750 31,750 31,750 31,750
SUBTOTAL TRAINING AND 31,750 31,750 31,750 31,750
RECRUITING...........
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE 73,800 89,800 73,800 73,800
TRANSPORTATION..........
Operational support [16,000]
for deployed end
strength of 9,800 in
Afghanistan..........
200 CLASSIFIED PROGRAMS...... 3,650 3,650 3,650 3,650
SUBTOTAL ADMIN & 77,450 93,450 77,450 77,450
SRVWD ACTIVITIES.....
UNDISTRIBUTED
210 UNDISTRIBUTED............ -413,593
Excessive standard [-9,100]
price for fuel.......
Prorated OCO [-404,493]
allocation in support
of base readiness
requirements.........
SUBTOTAL -413,593
UNDISTRIBUTED........
TOTAL OPERATION & 1,112,805 781,512 1,112,805 1,112,805
MAINTENANCE, MARINE
CORPS...............
OPERATION & MAINTENANCE,
NAVY RES
OPERATING FORCES
030 AIRCRAFT DEPOT 16,500 16,500 16,500 16,500
MAINTENANCE.............
050 AVIATION LOGISTICS....... 2,522 2,522 2,522 2,522
100 COMBAT SUPPORT FORCES.... 7,243 7,243 7,243 7,243
SUBTOTAL OPERATING 26,265 26,265 26,265 26,265
FORCES...............
UNDISTRIBUTED
200 UNDISTRIBUTED............ -10,448
Excessive standard [-100]
price for fuel.......
Prorated OCO [-10,348]
allocation in support
of base readiness
requirements.........
SUBTOTAL -10,448
UNDISTRIBUTED........
TOTAL OPERATION & 26,265 15,817 26,265 26,265
MAINTENANCE, NAVY
RES.................
OPERATION & MAINTENANCE,
MC RESERVE
OPERATING FORCES
010 OPERATING FORCES......... 2,500 2,500 2,500 2,500
040 BASE OPERATING SUPPORT... 804 804 804 804
SUBTOTAL OPERATING 3,304 3,304 3,304 3,304
FORCES...............
UNDISTRIBUTED
090 UNDISTRIBUTED............ -1,302
Prorated OCO [-1,302]
allocation in support
of base readiness
requirements.........
SUBTOTAL -1,302
UNDISTRIBUTED........
TOTAL OPERATION & 3,304 2,002 3,304 3,304
MAINTENANCE, MC
RESERVE.............
OPERATION & MAINTENANCE,
AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES.... 1,852,159 1,883,059 1,880,159 38,000 1,890,159
Enhancing readiness [10,000] [10,000]
levels of DCA
aircraft.............
ERI nuclear readiness [28,000] [28,000]
Operational support [20,900]
for deployed end
strength of 9,800 in
Afghanistan..........
020 COMBAT ENHANCEMENT FORCES 1,127,319 1,148,219 1,127,319 1,127,319
Operational support [20,900]
for deployed end
strength of 9,800 in
Afghanistan..........
030 AIR OPERATIONS TRAINING 152,278 152,278 152,278 152,278
(OJT, MAINTAIN SKILLS)..
040 DEPOT MAINTENANCE........ 1,061,506 1,087,106 1,061,506 25,600 1,087,106
Compass Call Program [25,600] [25,600]
Restructure..........
050 FACILITIES SUSTAINMENT, 56,700 56,700 56,700 56,700
RESTORATION &
MODERNIZATION...........
060 BASE SUPPORT............. 941,714 941,714 941,714 941,714
070 GLOBAL C3I AND EARLY 30,219 30,219 30,219 30,219
WARNING.................
080 OTHER COMBAT OPS SPT 213,696 223,696 213,696 5,000 218,696
PROGRAMS................
Promoting additional [5,000] [5,000]
DCA burden sharing...
Supporting DCA [5,000]
dispersal CONOP
development..........
100 LAUNCH FACILITIES........ 869 869 869 869
110 SPACE CONTROL SYSTEMS.... 5,008 5,008 5,008 5,008
120 COMBATANT COMMANDERS 100,081 100,081 100,081 100,081
DIRECT MISSION SUPPORT..
135 CLASSIFIED PROGRAMS...... 79,893 79,893 79,893 79,893
SUBTOTAL OPERATING 5,621,442 5,708,842 5,649,442 68,600 5,690,042
FORCES...............
MOBILIZATION
140 AIRLIFT OPERATIONS....... 2,606,729 2,704,429 2,606,729 2,606,729
Operational support [97,700]
for deployed end
strength of 9,800 in
Afghanistan..........
150 MOBILIZATION PREPAREDNESS 108,163 108,163 108,163 108,163
160 DEPOT MAINTENANCE........ 891,102 891,102 891,102 891,102
180 BASE SUPPORT............. 3,686 3,686 3,686 3,686
SUBTOTAL MOBILIZATION 3,609,680 3,707,380 3,609,680 3,609,680
TRAINING AND RECRUITING
230 BASE SUPPORT............. 52,740 52,740 52,740 52,740
240 SPECIALIZED SKILL 4,500 4,500 4,500 4,500
TRAINING................
SUBTOTAL TRAINING AND 57,240 57,240 57,240 57,240
RECRUITING...........
ADMIN & SRVWD ACTIVITIES
340 LOGISTICS OPERATIONS..... 86,716 86,716 86,716 86,716
380 BASE SUPPORT............. 59,133 59,133 59,133 59,133
400 SERVICEWIDE 165,348 165,348 165,348 165,348
COMMUNICATIONS..........
410 OTHER SERVICEWIDE 141,883 141,883 116,783 -25,058 116,825
ACTIVITIES..............
Program reduction.... [-25,100] [-25,058]
450 INTERNATIONAL SUPPORT.... 61 61 61 61
460 CLASSIFIED PROGRAMS...... 15,823 15,823 15,823 15,823
SUBTOTAL ADMIN & 468,964 468,964 443,864 -25,058 443,906
SRVWD ACTIVITIES.....
UNDISTRIBUTED
470 UNDISTRIBUTED............ -3,868,111
Excessive standard [-101,600]
price for fuel.......
Prorated OCO [-3,766,511]
allocation in support
of base readiness
requirements.........
SUBTOTAL -3,868,111
UNDISTRIBUTED........
TOTAL OPERATION & 9,757,326 6,074,315 9,760,226 43,542 9,800,868
MAINTENANCE, AIR
FORCE...............
OPERATION & MAINTENANCE,
AF RESERVE
OPERATING FORCES
030 DEPOT MAINTENANCE........ 51,086 51,086 51,086 51,086
050 BASE SUPPORT............. 6,500 6,500 6,500 6,500
SUBTOTAL OPERATING 57,586 57,586 57,586 57,586
FORCES...............
UNDISTRIBUTED
110 UNDISTRIBUTED............ -22,788
Excessive standard [-100]
price for fuel.......
Prorated OCO [-22,688]
allocation in support
of base readiness
requirements.........
SUBTOTAL -22,788
UNDISTRIBUTED........
TOTAL OPERATION & 57,586 34,798 57,586 57,586
MAINTENANCE, AF
RESERVE.............
OPERATION & MAINTENANCE,
ANG
OPERATING FORCES
020 MISSION SUPPORT 3,400 3,400 3,400 3,400
OPERATIONS..............
050 BASE SUPPORT............. 16,600 16,600 16,600 16,600
SUBTOTAL OPERATING 20,000 20,000 20,000 20,000
FORCES...............
UNDISTRIBUTED
080 UNDISTRIBUTED............ -7,880
Prorated OCO [-7,880]
allocation in support
of base readiness
requirements.........
SUBTOTAL -7,880
UNDISTRIBUTED........
TOTAL OPERATION & 20,000 12,120 20,000 20,000
MAINTENANCE, ANG....
OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF.... 10,000 10,000 10,000
Enhancing exercise of [10,000] [10,000]
DCA aircraft.........
030 SPECIAL OPERATIONS 2,853,363 3,022,963 2,853,363 2,853,363
COMMAND/OPERATING FORCES
Operational support [169,600]
for deployed end
strength of 9,800 in
Afghanistan..........
SUBTOTAL OPERATING 2,853,363 3,032,963 2,853,363 10,000 2,863,363
FORCES...............
ADMINISTRATION AND
SERVICEWIDE ACTIVITIES
100 DEFENSE CONTRACT AUDIT 13,436 13,436 13,436 13,436
AGENCY..................
110 DEFENSE CONTRACT 13,564 13,564 13,564 13,564
MANAGEMENT AGENCY.......
130 DEFENSE INFORMATION 34,299 34,299 34,299 34,299
SYSTEMS AGENCY..........
150 DEFENSE LEGAL SERVICES 111,986 111,986 111,986 111,986
AGENCY..................
170 DEFENSE MEDIA ACTIVITY... 13,317 13,317 13,317 13,317
190 DEFENSE SECURITY 1,412,000 1,412,000 312,000 750,000 2,162,000
COOPERATION AGENCY......
Reduction to [-100,000]
Coalition Support
Funds................
Transfer from [750,000]
Counterterrorism
Partnership Fund.....
Transfer to Counter- [-180,000]
ISIL Fund............
Transfer to Security [-820,000]
Cooperation
Enhancement Fund.....
260 DEPARTMENT OF DEFENSE 67,000 67,000 67,000 67,000
EDUCATION ACTIVITY......
300 OFFICE OF THE SECRETARY 31,106 31,106 31,106 31,106
OF DEFENSE..............
320 WASHINGTON HEADQUARTERS 3,137 3,137 3,137 3,137
SERVICES................
330 CLASSIFIED PROGRAMS...... 1,803,880 1,803,880 1,803,880 1,803,880
SUBTOTAL 3,503,725 3,503,725 2,403,725 750,000 4,253,725
ADMINISTRATION AND
SERVICEWIDE
ACTIVITIES...........
UNDISTRIBUTED
340 UNDISTRIBUTED............ -2,418,878
Excessive standard [-6,800]
price for fuel.......
Operational support [1,000]
for deployed end
strength of 9,800 in
Afghanistan..........
Prorated OCO [-2,413,078]
allocation in support
of base readiness
requirements.........
SUBTOTAL -2,418,878
UNDISTRIBUTED........
TOTAL OPERATION & 6,357,088 4,117,810 5,257,088 760,000 7,117,088
MAINTENANCE, DEFENSE-
WIDE................
TOTAL OPERATION & 44,957,903 29,726,912 44,240,803 558,542 45,516,445
MAINTENANCE.........
----------------------------------------------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS.
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS (In Thousands of Dollars)
---------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2017 Senate Conference Conference
Line Item Request House Authorized Authorized Change Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS.................................... 317,093 367,093 317,093 317,093
Army unfunded requirement--Improve training [50,000]
from BN+ to BCT-..............................
020 MODULAR SUPPORT BRIGADES.......................... 5,904 5,904 5,904 5,904
030 ECHELONS ABOVE BRIGADE............................ 38,614 38,614 38,614 38,614
040 THEATER LEVEL ASSETS.............................. 8,361 8,361 8,361 8,361
050 LAND FORCES OPERATIONS SUPPORT.................... 279,072 279,072 279,072 279,072
060 AVIATION ASSETS................................... 106,424 206,924 106,424 106,424
Army unfunded requirement--Meet air readiness [68,000]
targets.......................................
Increase to support ARI--Eleventh CAB......... [32,500]
070 FORCE READINESS OPERATIONS SUPPORT................ 253,533 253,533 253,533 253,533
090 LAND FORCES DEPOT MAINTENANCE..................... 350,000 350,000 350,000 350,000
100 BASE OPERATIONS SUPPORT........................... 22,100 0
Increase to support ARI--Eleventh CAB......... [22,100]
110 FACILITIES SUSTAINMENT, RESTORATION & 922,000 113,800 113,800
MODERNIZATION....................................
Increase Restoration & Modernization funding.. [494,900] [113,800]
Restore Sustainment shortfalls................ [427,100]
140 ADDITIONAL ACTIVITIES............................. 11,200 11,200 11,200 11,200
SUBTOTAL OPERATING FORCES..................... 1,370,201 2,464,801 1,370,201 113,800 1,484,001
TRAINING AND RECRUITING
250 SPECIALIZED SKILL TRAINING........................ 3,565 3,565 3,565 3,565
260 FLIGHT TRAINING................................... 42,934 0
Army unfunded requirement--Ensure AVN [5,405]
restructure initiative execution..............
Army unfunded requirement--Increase student [31,125]
workload for additional warrant officers......
Army unfunded requirement--Train full ARPINT [6,404]
load of 990...................................
270 PROFESSIONAL DEVELOPMENT EDUCATION................ 9,021 40,621 9,021 9,021
Military Training and PME..................... [31,600]
280 TRAINING SUPPORT.................................. 2,434 2,434 2,434 2,434
290 RECRUITING AND ADVERTISING........................ 356,500 284,800 284,800
Recruiting and Advertising Add................ [356,500] [284,800]
320 CIVILIAN EDUCATION AND TRAINING................... 1,254 1,254 1,254 1,254
SUBTOTAL TRAINING AND RECRUITING.............. 16,274 447,308 16,274 284,800 301,074
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION........................ 200,000 265,000 200,000 200,000
Army unfunded requirement--Restore cricital [65,000]
shortfalls....................................
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES........... 200,000 265,000 200,000 200,000
UNDISTRIBUTED
540 UNDISTRIBUTED..................................... 704,300 563,400 563,400
Additional funding to support increase in Army [704,300] [563,400]
end strength..................................
SUBTOTAL UNDISTRIBUTED........................ 704,300 563,400 563,400
TOTAL OPERATION & MAINTENANCE, ARMY.......... 1,586,475 3,881,409 1,586,475 962,000 2,548,475
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES.......................... 708 708 708 708
020 ECHELONS ABOVE BRIGADE............................ 8,570 28,570 8,570 8,570
Army unfunded requirement--Improve training [20,000]
from PLT to CO proficiency....................
030 THEATER LEVEL ASSETS.............................. 375 375 375 375
040 LAND FORCES OPERATIONS SUPPORT.................... 13 13 13 13
050 AVIATION ASSETS................................... 608 608 608 608
060 FORCE READINESS OPERATIONS SUPPORT................ 4,285 4,285 4,285 4,285
100 FACILITIES SUSTAINMENT, RESTORATION & 97,500 13,100 13,100
MODERNIZATION....................................
Increase Restoration & Modernization funding.. [57,100] [13,100]
Restore Sustainment shortfalls................ [40,400]
SUBTOTAL OPERATING FORCES..................... 14,559 132,059 14,559 13,100 27,659
UNDISTRIBUTED
180 UNDISTRIBUTED..................................... 103,400 82,700 82,700
Additional funding to support increase in Army [103,400] [82,700]
Reserve end strength..........................
SUBTOTAL UNDISTRIBUTED........................ 103,400 82,700 82,700
TOTAL OPERATION & MAINTENANCE, ARMY RES...... 14,559 235,459 14,559 95,800 110,359
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS.................................... 5,585 5,585 5,585 5,585
030 ECHELONS ABOVE BRIGADE............................ 28,956 28,956 28,956 28,956
040 THEATER LEVEL ASSETS.............................. 10,272 10,272 10,272 10,272
060 AVIATION ASSETS................................... 5,621 51,621 5,621 5,621
Increase to support ARI....................... [46,000]
070 FORCE READINESS OPERATIONS SUPPORT................ 9,694 9,694 9,694 9,694
110 FACILITIES SUSTAINMENT, RESTORATION & 121,000 1,500 1,500
MODERNIZATION....................................
Increase Restoration & Modernization funding.. [16,800] [1,500]
Restore Sustainment shortfalls................ [104,200]
SUBTOTAL OPERATING FORCES..................... 60,128 227,128 60,128 1,500 61,628
UNDISTRIBUTED
190 UNDISTRIBUTED..................................... 159,100 127,300 127,300
Additional funding to support increase in Army [159,100] [127,300]
National Guard end strength...................
SUBTOTAL UNDISTRIBUTED........................ 159,100 127,300 127,300
TOTAL OPERATION & MAINTENANCE, ARNG.......... 60,128 386,228 60,128 128,800 188,928
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............... 500,000 556,520 500,000 500,000
Carrier Air Wing Restoration.................. [56,520]
020 FLEET AIR TRAINING................................ 23,020 0
Carrier Air Wing Restoration.................. [23,020]
050 AIR SYSTEMS SUPPORT............................... 6,500 0
Marine Corps unfunded requirement--accelerate [5,300]
readiness - H-1...............................
Marine Corps unfunded requirement--accelerate [1,200]
readiness - MV-22B............................
060 AIRCRAFT DEPOT MAINTENANCE........................ 36,000 0
Carrier Air Wing Restoration.................. [6,000]
Navy unfunded requirement--Improve Afloat [30,000]
Readiness.....................................
080 AVIATION LOGISTICS................................ 33,500 0
Marine Corps unfunded requirement--accelerate [6,800]
readiness - KC-130J...........................
Marine Corps unfunded requirement--accelerate [10,700]
readiness - MV-22B............................
Navy unfunded requirement--Improve Afloat [16,000]
Readiness.....................................
090 MISSION AND OTHER SHIP OPERATIONS................. 348,200 0
Cruiser Modernization......................... [90,200]
Navy unfunded requirement--Improve Afloat [158,000]
Readiness.....................................
Navy unfunded requirement--Restore 3 CG [41,000]
Deployments...................................
Navy unfunded requirement--Reverse PONCE (LPD- [59,000]
15) Inactivation..............................
100 SHIP OPERATIONS SUPPORT & TRAINING................ 19,700 0
Navy unfunded requirement--Restore Fleet [19,700]
Training......................................
110 SHIP DEPOT MAINTENANCE............................ 775,000 1,084,100 775,000 775,000
Cruiser Modernization......................... [71,100]
Navy unfunded requirement--Ship Depot [238,000]
Wholeness.....................................
120 SHIP DEPOT OPERATIONS SUPPORT..................... 79,000 0
Navy unfunded requirement--Increase Alfoat [79,000]
Readiness.....................................
290 SUSTAINMENT, RESTORATION AND MODERNIZATION........ 19,270 408,470 19,270 26,100 45,370
Increase Restoration & Modernization funding.. [113,600] [26,100]
Restore Sustainment shortfalls................ [275,600]
300 BASE OPERATING SUPPORT............................ 158,032 158,032 158,032 158,032
SUBTOTAL OPERATING FORCES..................... 1,452,302 2,753,042 1,452,302 26,100 1,478,402
MOBILIZATION
350 EXPEDITIONARY HEALTH SERVICES SYSTEMS............. 3,597 3,597 3,597 3,597
SUBTOTAL MOBILIZATION......................... 3,597 3,597 3,597 3,597
ADMIN & SRVWD ACTIVITIES
540 SERVICEWIDE COMMUNICATIONS........................ 25,617 25,617 25,617 25,617
SUBTOTAL ADMIN & SRVWD ACTIVITIES............. 25,617 25,617 25,617 25,617
TOTAL OPERATION & MAINTENANCE, NAVY.......... 1,481,516 2,782,256 1,481,516 26,100 1,507,616
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES................................ 300,000 322,000 300,000 300,000
Marine Corps unfunded requirement- enhanced [22,000]
combat helmets................................
020 FIELD LOGISTICS................................... 21,450 0
Marine Corps unfunded requirement- rifle [13,200]
combat optic modernization....................
Marine Corps unfunded requirement- SPMAGTF--C4 [8,250]
UUNS..........................................
050 SUSTAINMENT, RESTORATION & MODERNIZATION.......... 145,600 7,200 7,200
Increase Restoration & Modernization funding.. [31,400] [7,200]
Restore Sustainment shortfalls................ [114,200]
SUBTOTAL OPERATING FORCES..................... 300,000 489,050 300,000 7,200 307,200
TOTAL OPERATION & MAINTENANCE, MARINE CORPS.. 300,000 489,050 300,000 7,200 307,200
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
030 AIRCRAFT DEPOT MAINTENANCE........................ 4,000 0
Navy unfunded requirement--Improve Afloat [4,000]
Readiness.....................................
070 SHIP OPERATIONS SUPPORT & TRAINING................ 300 0
Navy unfunded requirement--Restore Fleet [300]
Training......................................
130 SUSTAINMENT, RESTORATION AND MODERNIZATION........ 7,800 500 500
Increase Restoration & Modernization funding.. [2,100] [500]
Restore Sustainment shortfalls................ [5,700]
SUBTOTAL OPERATING FORCES..................... 12,100 500 500
TOTAL OPERATION & MAINTENANCE, NAVY RES...... 12,100 500 500
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
030 SUSTAINMENT, RESTORATION AND MODERNIZATION........ 7,700 1,000 1,000
Increase Restoration & Modernization funding.. [4,300] [1,000]
Restore Sustainment shortfalls................ [3,400]
SUBTOTAL OPERATING FORCES..................... 7,700 1,000 1,000
TOTAL OPERATION & MAINTENANCE, MC RESERVE.... 7,700 1,000 1,000
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
040 DEPOT MAINTENANCE................................. 124,000 447,576 124,000 124,000
Air Force unfunded requirement--Weapons System [323,576]
Sustainment...................................
050 FACILITIES SUSTAINMENT, RESTORATION & 407,900 32,900 32,900
MODERNIZATION....................................
Increase Restoration & Modernization funding.. [142,900] [32,900]
Restore Sustainment shortfalls................ [265,000]
070 GLOBAL C3I AND EARLY WARNING...................... 40,000 0
Air Force unfunded requirement--Ground Based [40,000]
Radars........................................
SUBTOTAL OPERATING FORCES..................... 124,000 895,476 124,000 32,900 156,900
MOBILIZATION
160 DEPOT MAINTENANCE................................. 66,424 0
Air Force unfunded requirement--Weapons System [66,424]
Sustainment...................................
170 FACILITIES SUSTAINMENT, RESTORATION & 63,600 5,100 5,100
MODERNIZATION....................................
Increase Restoration & Modernization funding.. [22,300] [5,100]
Restore Sustainment shortfalls................ [41,300]
SUBTOTAL MOBILIZATION......................... 130,024 5,100 5,100
TRAINING AND RECRUITING
220 FACILITIES SUSTAINMENT, RESTORATION & 58,200 4,700 4,700
MODERNIZATION....................................
Increase Restoration & Modernization funding.. [20,400] [4,700]
Restore Sustainment shortfalls................ [37,800]
SUBTOTAL TRAINING AND RECRUITING.............. 58,200 4,700 4,700
ADMIN & SRVWD ACTIVITIES
370 FACILITIES SUSTAINMENT, RESTORATION & 79,000 6,400 6,400
MODERNIZATION....................................
Increase Restoration & Modernization funding.. [27,700] [6,400]
Restore Sustainment shortfalls................ [51,300]
SUBTOTAL ADMIN & SRVWD ACTIVITIES............. 79,000 6,400 6,400
TOTAL OPERATION & MAINTENANCE, AIR FORCE..... 124,000 1,162,700 124,000 49,100 173,100
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
040 FACILITIES SUSTAINMENT, RESTORATION & 20,500 1,600 1,600
MODERNIZATION....................................
Increase Restoration & Modernization funding.. [7,100] [1,600]
Restore Sustainment shortfalls................ [13,400]
SUBTOTAL OPERATING FORCES..................... 20,500 1,600 1,600
TOTAL OPERATION & MAINTENANCE, AF RESERVE.... 20,500 1,600 1,600
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
030 DEPOT MAINTENANCE................................. 40,000 0
Air Force unfunded requirement--Weapons System [40,000]
Sustainment...................................
040 FACILITIES SUSTAINMENT, RESTORATION & 64,500 4,300 4,300
MODERNIZATION....................................
Increase Restoration & Modernization funding.. [18,900] [4,300]
Restore Sustainment shortfalls................ [45,600]
SUBTOTAL OPERATING FORCES..................... 104,500 4,300 4,300
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
070 RECRUITING AND ADVERTISING........................ 67,000 0
Air Force unfunded requirement................ [67,000]
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE 67,000 0
ACTIVITIES....................................
TOTAL OPERATION & MAINTENANCE, ANG........... 171,500 4,300 4,300
OPERATION & MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
030 SPECIAL OPERATIONS COMMAND/OPERATING FORCES....... 14,344 14,344 14,344 14,344
SUBTOTAL OPERATING FORCES..................... 14,344 14,344 14,344 14,344
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
130 DEFENSE INFORMATION SYSTEMS AGENCY................ 14,700 14,700 14,700 14,700
330 CLASSIFIED PROGRAMS............................... 9,000 9,000 9,000 9,000
SUBTOTAL ADMINISTRATION AND SERVICEWIDE 23,700 23,700 23,700 23,700
ACTIVITIES....................................
TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE.. 38,044 38,044 38,044 38,044
TOTAL OPERATION & MAINTENANCE................ 3,604,722 9,186,946 3,604,722 1,276,400 4,881,122
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
----------------------------------------------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
Military Personnel 128,902,332 -419,418 -1,250,890 -699,768 128,202,564
Appropriations.............
Military Personnel Pay Raise [330,000]
Marine Corps--Bonus Pay/PCS [49,000]
Resotral/Foreign Language
Bonus......................
Foreign currency adjustments [-200,400] [-72,940] [-200,400]
Historical unobligated [-248,700] [-880,450] [-880,050]
balances...................
National Guard State [841] [841]
Partnership Program, Army,
Special Training...........
National Guard State [841] [841]
Partnership Program, Air
Force, Special Training....
Prohibition on Per Diem [28,000]
Allowance Reduction........
Defense Officer Personnel [100,000]
Management Act reforms.....
Non-adoption of Air Force [-2,500]
Pilot Bonus Increase.......
Non-adoption of DOD [-400,000]
retirement reforms.........
Rural Guard Act............. [5,000]
Medicare-Eligible Retiree 6,366,908 0 0 0 6,366,908
Health Fund Contributions..
Total, Military Personnel... 135,269,240 -419,418 -1,250,890 -699,768 134,569,472
----------------------------------------------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
Military Personnel 3,644,161 -1,299,721 0 0 3,644,161
Appropriations.............
Maintain end strength of [130,300]
9,800 in Afghanistan.......
Prorated OCO allocation in [-1,430,021]
support of base readiness
requirements...............
Total, Military Personnel 3,644,161 -1,299,721 0 0 3,644,161
Appropriations.............
----------------------------------------------------------------------------------------------------------------
SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS.
----------------------------------------------------------------------------------------------------------------
SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS (In Thousands of
Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
Military Personnel 62,965 2,509,750 0 1,287,500 1,350,465
Appropriations.............
Fund Active Army End [1,123,500] [719,000]
Strength to 476k...........
Fund Army National Guard End [303,700] [129,600]
Strength to 343k...........
Fund Army Reserves End [166,650] [53,300]
Strength to 199k...........
Fund Active Navy End [65,300] [29,600]
Strength to 323.9k.........
Fund Active Air Force End [145,000] [116,000]
Strength to 321k...........
Fund Active Marine Corps End [300,000] [240,000]
Strength to 185k...........
Military Personnel Pay Raise [330,000]
Marine Corps--Bonus Pay/PCS [75,600]
Resotral/Foreign Language
Bonus......................
Medicare-Eligible Retiree 0 49,900 0 0 0
Health Fund Contributions..
Increase associated with [49,900]
additional end strength....
Total, Military Personnel... 62,965 2,559,650 0 1,287,500 1,350,465
----------------------------------------------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Program Title Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
SUPPLY MANAGEMENT--ARMY..... 56,469 56,469 56,469 56,469
TOTAL WORKING CAPITAL 56,469 56,469 56,469 56,469
FUND, ARMY...........
WORKING CAPITAL FUND, AIR
FORCE
SUPPLIES AND MATERIALS...... 63,967 63,967 63,967 63,967
TOTAL WORKING CAPITAL 63,967 63,967 63,967 63,967
FUND, AIR FORCE......
WORKING CAPITAL FUND,
DEFENSE-WIDE
SUPPLY CHAIN MANAGEMENT--DEF 37,132 37,132 37,132 37,132
TOTAL WORKING CAPITAL 37,132 37,132 37,132 37,132
FUND, DEFENSE-WIDE...
WORKING CAPITAL FUND, DECA
COMMISSARY.................. 1,214,045 1,214,045 1,214,045 1,214,045
TOTAL WORKING CAPITAL 1,214,045 1,214,045 1,214,045 1,214,045
FUND, DECA...........
NATIONAL DEFENSE SEALIFT
FUND
NATIONAL DEF SEALIFT VESSEL. 85,000
National Security Multi- [85,000]
Mission Vehicle........
TOTAL NATIONAL 85,000
DEFENSE SEALIFT FUND.
NATIONAL SEA-BASED
DETERRENCE FUND
DEVELOPMENT................. 773,138
Realignment of funds to [773,138]
the National Sea-Based
Deterrence Fund........
TOTAL NATIONAL SEA- 773,138
BASED DETERRENCE FUND
CHEM AGENTS & MUNITIONS
DESTRUCTION
OPERATION & MAINTENANCE..... 147,282 147,282 147,282 147,282
RDT&E....................... 388,609 388,609 388,609 388,609
PROCUREMENT................. 15,132 15,132 15,132 15,132
TOTAL CHEM AGENTS & 551,023 551,023 551,023 551,023
MUNITIONS DESTRUCTION
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND 730,087 793,087 471,787 -125,000 605,087
COUNTER-DRUG ACTIVITIES,
DEFENSE....................
Counter narcotics [3,000]
operations.............
National Guard counter- [30,000]
drug programs..........
SOUTHCOM Operational [30,000]
Support................
Transfer to Defense [-258,300] [-125,000]
Security Cooperation
Agency.................
DRUG DEMAND REDUCTION 114,713 114,713 114,713 114,713
PROGRAM....................
TOTAL DRUG 844,800 907,800 586,500 -125,000 719,800
INTERDICTION & CTR-
DRUG ACTIVITIES, DEF.
OFFICE OF THE INSPECTOR
GENERAL
OPERATION AND MAINTENANCE... 318,882 318,882 311,582 318,882
Audit FTE unjustified [-7,300]
growth.................
RDT&E....................... 3,153 3,153 3,153 3,153
TOTAL OFFICE OF THE 322,035 322,035 314,735 322,035
INSPECTOR GENERAL....
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
IN-HOUSE CARE............... 9,240,160 9,240,160 9,240,160 9,240,160
PRIVATE SECTOR CARE......... 15,738,759 15,738,759 15,738,759 15,738,759
CONSOLIDATED HEALTH SUPPORT. 2,367,759 2,367,759 2,367,759 2,367,759
INFORMATION MANAGEMENT...... 1,743,749 1,743,749 1,743,749 1,743,749
MANAGEMENT ACTIVITIES....... 311,380 311,380 311,380 311,380
EDUCATION AND TRAINING...... 743,231 743,231 743,231 743,231
BASE OPERATIONS/ 2,086,352 2,086,352 2,086,352 2,086,352
COMMUNICATIONS.............
SUBTOTAL OPERATION & 32,231,390 32,231,390 32,231,390 32,231,390
MAINTENANCE..........
RDT&E
RESEARCH.................... 9,097 9,097 9,097 9,097
EXPLORATRY DEVELOPMENT...... 58,517 58,517 58,517 58,517
ADVANCED DEVELOPMENT........ 221,226 221,226 221,226 221,226
DEMONSTRATION/VALIDATION.... 96,602 96,602 96,602 96,602
ENGINEERING DEVELOPMENT..... 364,057 364,057 364,057 364,057
MANAGEMENT AND SUPPORT...... 58,410 58,410 58,410 58,410
CAPABILITIES ENHANCEMENT.... 14,998 14,998 14,998 14,998
SUBTOTAL RDT&E....... 822,907 822,907 822,907 822,907
PROCUREMENT
INITIAL OUTFITTING.......... 20,611 20,611 20,611 20,611
REPLACEMENT & MODERNIZATION. 360,727 360,727 360,727 360,727
JOINT OPERATIONAL MEDICINE 2,413 2,413 2,413 2,413
INFORMATION SYSTEM.........
DOD HEALTHCARE MANAGEMENT 29,468 29,468 29,468 29,468
SYSTEM MODERNIZATION.......
SUBTOTAL PROCUREMENT. 413,219 413,219 413,219 413,219
UNDISTRIBUTED
Foreign Currency [-20,400] [-6,470]
adjustments............
Historical unobligated [-399,100] [-399,100]
balances...............
Incorporation of value- [24,500]
based health care into
TRICARE program........
Pilot program on health [20,000]
insurance for reserve
component members......
Reduction for [-38,000]
unauthorized fertility
treatment benefits.....
Reduction for [-6,500] [-6,500]
unjustified travel
expenses...............
Reimbursement rates for [40,000] [32,000]
Comprehensive Autism
Care Demonstration
program................
TRICARE reform [400,000]
implementation.........
SUBTOTAL -419,500 433,530 -373,600 -373,600
UNDISTRIBUTED........
TOTAL DEFENSE HEALTH 33,467,516 33,048,016 33,901,046 -373,600 33,093,916
PROGRAM..............
SECURITY COOPERATION
ENHANCEMENT FUND (SCEF)
Transfer from Drug [258,300]
Interdiction and
Counter-Drug Activities
Transfer of Combatting [26,800]
Terrorism Fellowship
Program................
Transfer of Defense [2,600]
Institute of
International Legal
Studies................
Transfer of Defense [25,600]
Institution Reform
Initiative.............
Transfer of Global [270,200]
Train and Equip Program
Transfer of Ministry of [9,200]
Defense Advisors.......
Transfer of Regional [58,600]
Centers................
Transfer of Wales [21,800]
Initaitive Fund/
Partnership for Peace..
TOTAL SECURITY 673,100
COOPERATION
ENHANCEMENT FUND
(SCEF)...............
TOTAL OTHER 36,556,987 37,058,625 37,398,017 -498,600 36,058,387
AUTHORIZATIONS.......
----------------------------------------------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Program Title Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS
SUPPLY MANAGEMENT--ARMY..... 46,833 46,833 46,833 46,833
UNDISTRIBUTED............... -18,452
Prorated OCO allocation [-18,452]
in support of base
readiness requirements.
TOTAL WORKING CAPITAL 46,833 28,381 46,833 46,833
FUND, ARMY...........
WORKING CAPITAL FUND,
DEFENSE-WIDE
DEFENSE LOGISTICS AGENCY 93,800 93,800 93,800 93,800
(DLA)......................
UNDISTRIBUTED............... -36,956
Prorated OCO allocation [-36,956]
in support of base
readiness requirements.
TOTAL WORKING CAPITAL 93,800 56,844 93,800 93,800
FUND, DEFENSE-WIDE...
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND 191,533 191,533 191,533 191,533
COUNTER-DRUG ACTIVITIES,
DEFENSE....................
TOTAL DRUG 191,533 191,533 191,533 191,533
INTERDICTION & CTR-
DRUG ACTIVITIES, DEF.
OFFICE OF THE INSPECTOR
GENERAL
OPERATION AND MAINTENANCE... 22,062 22,062 22,062 22,062
TOTAL OFFICE OF THE 22,062 22,062 22,062 22,062
INSPECTOR GENERAL....
DEFENSE HEALTH PROGRAM
OPERATION AND MAINTENANCE
IN-HOUSE CARE............... 95,366 95,366 95,366 95,366
PRIVATE SECTOR CARE......... 235,620 235,620 235,620 235,620
CONSOLIDATED HEALTH SUPPORT. 3,325 3,325 3,325 3,325
SUBTOTAL OPERATION 334,311 334,311 334,311 334,311
AND MAINTENANCE......
UNDISTRIBUTED
Prorated OCO allocation [-130,711]
in support of base
readiness requirements.
SUBTOTAL -130,711
UNDISTRIBUTED........
TOTAL DEFENSE HEALTH 334,311 203,600 334,311 334,311
PROGRAM..............
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE. 150,000 350,000 350,000 350,000
Program increase....... [150,000] [350,000] [350,000]
TOTAL UKRAINE 150,000 350,000 350,000 350,000
SECURITY ASSISTANCE..
COUNTERTERRORISM
PARTNERSHIPS FUND
COUNTERTERRORISM 1,000,000 750,000 -1,000,000
PARTNERSHIPS FUND..........
Ahead of need.......... [-150,000]
Program decrease....... [-250,000] [-250,000]
Transfer to Counter- [-200,000] [-750,000]
ISIL Fund..............
Transfer to Security [-650,000]
Cooperation Enhancement
Fund...................
TOTAL 1,000,000 750,000 -1,000,000
COUNTERTERRORISM
PARTNERSHIPS FUND....
SECURITY COOPERATION
ENHANCEMENT FUND (SCEF)
SECURITY COOPERATION 1,470,000
ENHANCEMENT FUND (SCEF)....
Transfer from Coalition [820,000]
Support Fund...........
Transfer from [650,000]
Counterterrorism
Partnership Fund.......
TOTAL SECURITY 1,470,000
COOPERATION
ENHANCEMENT FUND
(SCEF)...............
TOTAL OTHER 1,688,539 1,402,420 2,508,539 -650,000 1,038,539
AUTHORIZATIONS.......
----------------------------------------------------------------------------------------------------------------
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)
-----------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Program Title Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND 23,800 23,800 23,800 23,800
COUNTER-DRUG ACTIVITIES,
DEFENSE....................
TOTAL DRUG 23,800 23,800 23,800 23,800
INTERDICTION & CTR-
DRUG ACTIVITIES, DEF.
TOTAL OTHER 23,800 23,800 23,800 23,800
AUTHORIZATIONS.......
----------------------------------------------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Account State/ Country Installation Project Title Request Authorized Authorized Change Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army ALASKA Fort Wainwright Unmanned Aerial Vehicle Hangar 47,000 47,000 47,000 47,000
Army CALIFORNIA Concord Access Control Point 12,600 12,600 12,600 12,600
Army COLORADO Fort Carson Automated Infantry Platoon Battle 8,100 8,100 8,100 8,100
Course
Army COLORADO Fort Carson Unmanned Aerial Vehicle Hangar 5,000 5,000 5,000 5,000
Army CUBA Guantanamo Bay Guantanamo Bay Naval Station 33,000 33,000 0 33,000
Migration Complex
Army GEORGIA Fort Gordon Access Control Point 0 29,000 0 0
Army GEORGIA Fort Gordon Company Operations Facility 0 10,600 10,600 10,600 10,600
Army GEORGIA Fort Gordon Cyber Protection Team Ops Facility 90,000 90,000 90,000 90,000
Army GEORGIA Fort Stewart Automated Qualification/Training 14,800 14,800 14,800 14,800
Range
Army GERMANY East Camp Grafenwoehr Training Support Center 22,000 22,000 22,000 22,000
Army GERMANY Garmisch Dining Facility 9,600 9,600 9,600 9,600
Army GERMANY Wiesbaden Army Controlled Humidity Warehouse 16,500 16,500 16,500 16,500
Airfield
Army GERMANY Wiesbaden Army Hazardous Material Storage 2,700 2,700 2,700 2,700
Airfield Building
Army HAWAII Fort Shafter Command and Control Facility, Incr 40,000 40,000 40,000 40,000
2
Army MISSOURI Fort Leonard Wood Fire Station 0 6,900 0 6,900 6,900
Army TEXAS Fort Hood Automated Infantry Platoon Battle 7,600 7,600 7,600 7,600
Course
Army UTAH Camp Williams Live Fire Exercise Shoothouse 7,400 7,400 7,400 7,400
Army VIRGINIA Fort Belvoir Secure Admin/Operations Facility, 64,000 64,000 64,000 64,000
Incr 2
Army VIRGINIA Fort Belvoir Vehicle Maintenance Shop 0 23,000 0 23,000 23,000
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Host Nation Support FY17 18,000 18,000 18,000 18,000
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Minor Construction FY17 25,000 25,000 25,000 10,000 35,000
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning and Design FY17 80,159 80,159 80,159 80,159
Locations
Military Construction, Army Total 503,459 572,959 481,059 50,500 553,959
........................ ...................... ..................................
Navy ARIZONA Yuma VMX-22 Maintenance Hangar 48,355 48,355 48,355 48,355
Navy CALIFORNIA Coronado Coastal Campus Entry Control Point 13,044 13,044 13,044 13,044
Navy CALIFORNIA Coronado Coastal Campus Utilities 81,104 81,104 81,104 81,104
Infrastructure
Navy CALIFORNIA Coronado Grace Hopper Data Center Power 10,353 10,353 10,353 10,353
Upgrades
Navy CALIFORNIA Lemoore F-35C Engine Repair Facility 26,723 26,723 26,723 26,723
Navy CALIFORNIA Miramar Aircraft Maintenance Hangar, Incr 0 79,399 0 79,399 79,399
1
Navy CALIFORNIA Miramar Communications Complex & 0 34,700 34,700 34,700 34,700
Infrastructure Upgrade
Navy CALIFORNIA Miramar F-35 Aircraft Parking Apron 0 40,000 40,000 40,000 40,000
Navy CALIFORNIA San Diego Energy Security Hospital Microgrid 6,183 0 0 -6,183 0
Navy CALIFORNIA Seal Beach Missile Magazines 21,007 21,007 21,007 21,007
Navy FLORIDA Eglin AFB WMD Field Training Facilities 20,489 20,489 20,489 20,489
Navy FLORIDA Mayport NS Advanced Wastewater Treatment 0 66,000 0 0
Plant
Navy FLORIDA Pensacola A-School Dormitory 0 53,000 0 0
Navy GUAM Joint Region Marianas Hardening of Guam POL 26,975 26,975 26,975 26,975
Infrastructure
Navy GUAM Joint Region Marianas Power Upgrade--Harmon 62,210 62,210 62,210 62,210
Navy HAWAII Barking Sands Upgrade Power Plant & Electrical 43,384 43,384 43,384 43,384
Distrib Sys
Navy HAWAII Kaneohe Bay Regimental Consolidated Comm/Elec 72,565 72,565 72,565 72,565
Facility
Navy JAPAN Kadena AB Aircraft Maintenance Complex 26,489 26,489 26,489 26,489
Navy JAPAN Sasebo Shore Power (Juliet Pier) 16,420 16,420 16,420 16,420
Navy MAINE Kittery Unaccompanied Housing 17,773 17,773 17,773 17,773
Navy MAINE Kittery Utility Improvements for Nuclear 30,119 30,119 30,119 30,119
Platforms
Navy MARYLAND Patuxent River UCLASS RDT&E Hangar 40,576 40,576 40,576 40,576
Navy NEVADA Fallon Air Wing Simulator Facility 13,523 13,523 13,523 13,523
Navy NORTH CAROLINA Camp Lejeune Range Facilities Safety 18,482 18,482 18,482 18,482
Improvements
Navy NORTH CAROLINA Cherry Point Central Heating Plant Conversion 12,515 12,515 12,515 12,515
Navy SOUTH CAROLINA Beaufort Aircraft Maintenance Hangar 83,490 83,490 83,490 83,490
Navy SOUTH CAROLINA Parris Island Recruit Reconditioning Center & 29,882 29,882 29,882 29,882
Barracks
Navy SPAIN Rota Communication Station 23,607 23,607 23,607 23,607
Navy VIRGINIA Norfolk Chambers Field Magazine Recap Ph I 0 27,000 27,000 27,000 27,000
Navy WASHINGTON Bangor SEAWOLF Class Service Pier 0 73,000 0 73,000 73,000
Navy WASHINGTON Bangor Service Pier Electrical Upgrades 18,939 18,939 18,939 18,939
Navy WASHINGTON Bangor Submarine Refit Maint Support 21,476 21,476 21,476 21,476
Facility
Navy WASHINGTON Bremerton Nuclear Repair Facility 6,704 6,704 6,704 6,704
Navy WASHINGTON Whidbey Island EA-18G Maintenance Hangar 45,501 45,501 45,501 45,501
Navy WASHINGTON Whidbey Island Triton Mission Control Facility 30,475 30,475 30,475 30,475
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning and Design 88,230 88,230 88,230 88,230
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Unspecified Minor Construction 29,790 29,790 29,790 29,790
Locations
Navy WORLDWIDE UNSPECIFIED Various Worldwide Triton Forward Operating Base 41,380 41,380 41,380 41,380
Locations Hangar
Military Construction, Navy Total 1,027,763 1,394,679 1,123,280 247,916 1,275,679
........................ ...................... ..................................
AF ALABAMA Maxwell AFB JAG School Expansion 0 0 0 15,500 15,500
AF ALASKA Clear AFS Fire Station 20,000 20,000 20,000 20,000
AF ALASKA Eielson AFB F-35A ADAL Field Training 22,100 22,100 22,100 22,100
Detachment Fac
AF ALASKA Eielson AFB F-35A Aircraft Weather Shelter 82,300 0 82,300 82,300
(Sqd 2)
AF ALASKA Eielson AFB F-35A Aircraft Weather Shelters 79,500 79,500 79,500 79,500
(Sqd 1)
AF ALASKA Eielson AFB F-35A Earth Covered Magazines 11,300 11,300 11,300 11,300
AF ALASKA Eielson AFB F-35A Hangar/Propulsion MX/ 44,900 44,900 44,900 44,900
Dispatch
AF ALASKA Eielson AFB F-35A Hangar/Squad Ops/AMU Sq #2 42,700 42,700 42,700 42,700
AF ALASKA Eielson AFB F-35A Missile Maintenance Facility 12,800 12,800 12,800 12,800
AF ALASKA Joint Base Elmendorf- Add/Alter AWACS Alert Hangar 29,000 29,000 29,000 29,000
Richardson
AF ARIZONA Luke AFB F-35A Squad Ops/Aircraft Maint 20,000 20,000 20,000 20,000
Unit #5
AF AUSTRALIA Darwin APR--Aircraft MX Support Facility 1,800 1,800 1,800 1,800
AF AUSTRALIA Darwin APR--Expand Parking Apron 28,600 28,600 28,600 28,600
AF CALIFORNIA Edwards AFB Flightline Fire Station 24,000 24,000 24,000 24,000
AF COLORADO Buckley AFB Small Arms Range Complex 13,500 13,500 13,500 13,500
AF DELAWARE Dover AFB Aircraft Maintenance Hangar 39,000 39,000 39,000 39,000
AF FLORIDA Eglin AFB Advanced Munitions Technology 75,000 75,000 75,000 75,000
Complex
AF FLORIDA Eglin AFB Dormitories (288 rooms) 0 0 0 35,000 35,000
AF FLORIDA Eglin AFB Flightline Fire Station 13,600 13,600 13,600 13,600
AF FLORIDA Patrick AFB Fire/Crash Rescue Station 13,500 13,500 13,500 13,500
AF GEORGIA Moody AFB Personnel Recovery 4-Bay Hangar/ 30,900 30,900 30,900 30,900
Helo MX Unit
AF GERMANY Ramstein AB 37 AS Squadron Operations/Aircraft 13,437 13,437 13,437 13,437
Maint Unit
AF GERMANY Spangdahlem AB EIC--Site Development and 43,465 43,465 43,465 43,465
Infrastructure
AF GUAM Joint Region Marianas APR--Munitions Storage Igloos, Ph 35,300 35,300 35,300 35,300
2
AF GUAM Joint Region Marianas APR--SATCOM C4I Facility 14,200 14,200 14,200 14,200
AF GUAM Joint Region Marianas Block 40 Maintenance Hangar 31,158 31,158 31,158 31,158
AF ILLINOIS Scott AFB Consolidated Corrosion Facility 0 0 0 41,000 41,000
add/alter
AF JAPAN Kadena AB APR--Replace Munitions Structures 19,815 19,815 19,815 19,815
AF JAPAN Yokota AB C-130J Corrosion Control Hangar 23,777 23,777 23,777 23,777
AF JAPAN Yokota AB Construct Combat Arms Training & 8,243 8,243 8,243 8,243
Maint Fac
AF KANSAS McConnell AFB Air Traffic Control Tower 11,200 11,200 11,200 11,200
AF KANSAS McConnell AFB KC-46A ADAL Taxiway Delta 5,600 5,600 5,600 5,600
AF KANSAS McConnell AFB KC-46A Alter Flight Simulator 3,000 3,000 3,000 3,000
Bldgs
AF LOUISIANA Barksdale AFB Consolidated Communication 21,000 21,000 21,000 21,000
Facility
AF MARIANA ISLANDS Unspecified Location APR--Land Acquisition 9,000 9,000 9,000 9,000
AF MARYLAND Joint Base Andrews 21 Points Enclosed Firing Range 13,000 13,000 13,000 13,000
AF MARYLAND Joint Base Andrews Consolidated Communications Center 0 50,000 50,000 50,000 50,000
AF MARYLAND Joint Base Andrews PAR Relocate JADOC Satellite Site 3,500 3,500 3,500 3,500
AF MASSACHUSETTS Hanscom AFB Construct Vandenberg Gate Complex 0 10,965 0 10,965 10,965
AF MASSACHUSETTS Hanscom AFB System Management Engineering 20,000 20,000 20,000 20,000
Facility
AF MONTANA Malmstrom AFB Missile Maintenance Facility 14,600 14,600 14,600 14,600
AF NEVADA Nellis AFB F-35A POL Fill Stand Addition 10,600 10,600 10,600 10,600
AF NEW MEXICO Cannon AFB North Fitness Center 21,000 21,000 21,000 21,000
AF NEW MEXICO Holloman AFB Hazardous Cargo Pad and Taxiway 10,600 10,600 10,600 10,600
AF NEW MEXICO Kirtland AFB Combat Rescue Helicopter Simulator 7,300 7,300 7,300 7,300
AF OHIO Wright-Patterson AFB Relocated Entry Control Facility 12,600 12,600 12,600 12,600
26A
AF OKLAHOMA Altus AFB KC-46A FTU/FTC Simulator Facility 11,600 11,600 11,600 11,600
Ph 2
AF OKLAHOMA Tinker AFB E-3G Mission and Flight Simulator 0 26,000 26,000 26,000 26,000
Training Facility
AF OKLAHOMA Tinker AFB KC-46A Depot System Integration 17,000 17,000 17,000 17,000
Laboratory
AF SOUTH CAROLINA Joint Base Charleston Fire & Rescue Station 0 17,000 0 17,000 17,000
AF TEXAS Joint Base San Antonio BMT Recruit Dormitory 6 67,300 67,300 67,300 67,300
AF TURKEY Incirlik AB Airfield Fire/Crash Rescue Station 13,449 13,449 13,449 13,449
AF UNITED ARAB EMIRATES Al Dhafra Large Aircraft Maintenance Hangar 35,400 35,400 35,400 35,400
AF UNITED KINGDOM RAF Croughton JIAC Consolidation--Ph 3 53,082 0 53,082 53,082
AF UNITED KINGDOM RAF Croughton Main Gate Complex 16,500 16,500 16,500 16,500
AF UTAH Hill AFB 649 MUNS Munitions Storage 6,600 6,600 6,600 6,600
Magazines
AF UTAH Hill AFB 649 MUNS Precision Guided Missile 8,700 8,700 8,700 8,700
MX Facility
AF UTAH Hill AFB 649 MUNS STAMP/Maint & Inspection 12,000 12,000 12,000 12,000
Facility
AF UTAH Hill AFB Composite Aircraft Antenna 7,100 7,100 7,100 7,100
Calibration Fac
AF UTAH Hill AFB F-35A Munitions Maintenance 10,100 10,100 10,100 10,100
Complex
AF VIRGINIA Joint Base Langley- Air Force Targeting Center 45,000 45,000 45,000 45,000
Eustis
AF VIRGINIA Joint Base Langley- Fuel System Maintenance Dock 14,200 14,200 14,200 14,200
Eustis
AF WASHINGTON Fairchild AFB Pipeline Dorm, USAF SERE School 27,000 27,000 27,000 27,000
(150 RM)
AF WORLDWIDE UNSPECIFIED Various Worldwide Planning & Design 143,582 163,582 143,582 143,582
Locations
AF WORLDWIDE UNSPECIFIED Various Worldwide Unspecified Minor Military 30,000 63,082 30,000 10,000 40,000
Locations Construction
AF WYOMING F. E. Warren AFB Missile Transfer Facility Bldg 5,550 5,550 5,550 5,550
4331
Military Construction, Air Force Total 1,481,058 1,502,723 1,557,058 205,465 1,686,523
........................ ...................... ..................................
Def-Wide ALASKA Clear AFS Long Range Discrim Radar Sys 155,000 100,000 155,000 155,000
Complex Ph 1
Def-Wide ALASKA Fort Greely Missile Defense Complex Switchgear 9,560 9,560 9,560 9,560
Facility
Def-Wide ALASKA Joint Base Elmendorf- Construct Truck Offload Facility 4,900 4,900 4,900 4,900
Richardson
Def-Wide ARIZONA Fort Huachuca JITC Building 52110 Renovation 4,493 4,493 4,493 4,493
Def-Wide CALIFORNIA Coronado SOF Human Performance Training 15,578 15,578 15,578 15,578
Center
Def-Wide CALIFORNIA Coronado SOF Seal Team Ops Facility 47,290 47,290 47,290 47,290
Def-Wide CALIFORNIA Coronado SOF Seal Team Ops Facility 47,290 47,290 47,290 47,290
Def-Wide CALIFORNIA Coronado SOF Special RECON Team ONE 20,949 20,949 20,949 20,949
Operations Fac
Def-Wide CALIFORNIA Coronado SOF Training Detachment ONE Ops 44,305 44,305 44,305 44,305
Facility
Def-Wide CALIFORNIA Travis AFB Replace Hydrant Fuel System 26,500 26,500 26,500 26,500
Def-Wide DELAWARE Dover AFB Welch ES/Dover MS Replacement 44,115 44,115 44,115 44,115
Def-Wide DIEGO GARCIA Diego Garcia Improve Wharf Refueling Capability 30,000 30,000 30,000 30,000
Def-Wide FLORIDA Patrick AFB Replace Fuel Tanks 10,100 10,100 10,100 10,100
Def-Wide GEORGIA Fort Benning SOF Tactical Unmanned Aerial 4,820 4,820 4,820 4,820
Vehicle Hangar
Def-Wide GEORGIA Fort Gordon Medical Clinic Replacement 25,000 25,000 25,000 25,000
Def-Wide GERMANY Kaiserlautern AB Sembach Elementary/Middle School 45,221 45,221 45,221 45,221
Replacement
Def-Wide GERMANY Rhine Ordnance Medical Center Replacement Incr 6 58,063 58,063 58,063 58,063
Barracks
Def-Wide JAPAN Iwakuni Construct Truck Offload & Loading 6,664 6,664 6,664 6,664
Facilities
Def-Wide JAPAN Kadena AB Kadena Elementary School 84,918 84,918 84,918 84,918
Replacement
Def-Wide JAPAN Kadena AB Medical Materiel Warehouse 20,881 20,881 20,881 20,881
Def-Wide JAPAN Kadena AB SOF Maintenance Hangar 42,823 42,823 42,823 42,823
Def-Wide JAPAN Kadena AB SOF Simulator Facility (MC-130) 12,602 12,602 12,602 12,602
Def-Wide JAPAN Yokota AB Airfield Apron 41,294 41,294 41,294 41,294
Def-Wide JAPAN Yokota AB Hangar/AMU 39,466 39,466 39,466 39,466
Def-Wide JAPAN Yokota AB Operations and Warehouse 26,710 26,710 26,710 26,710
Facilities
Def-Wide JAPAN Yokota AB Simulator Facility 6,261 6,261 6,261 6,261
Def-Wide KWAJALEIN Kwajalein Atoll Replace Fuel Storage Tanks 85,500 85,500 85,500 85,500
Def-Wide MAINE Kittery Medical/Dental Clinic Replacement 27,100 27,100 27,100 27,100
Def-Wide MARYLAND Bethesda Naval MEDCEN Addition/Alteration Incr 1 50,000 50,000 50,000 50,000
Hospital
Def-Wide MARYLAND Fort Meade Access Control Facility 21,000 21,000 21,000 21,000
Def-Wide MARYLAND Fort Meade NSAW Campus Feeders Phase 3 17,000 17,000 17,000 17,000
Def-Wide MARYLAND Fort Meade NSAW Recapitalize Building #2 Incr 195,000 145,000 195,000 195,000
2
Def-Wide MISSOURI St. Louis Land Acquisition--Next NGA West 801 0 801 801
Campus
Def-Wide NORTH CAROLINA Camp Lejeune Dental Clinic Replacement 31,000 31,000 31,000 31,000
Def-Wide NORTH CAROLINA Fort Bragg SOF Combat Medic Training Facility 10,905 10,905 10,905 10,905
Def-Wide NORTH CAROLINA Fort Bragg SOF Parachute Rigging Facility 21,420 21,420 21,420 21,420
Def-Wide NORTH CAROLINA Fort Bragg SOF Special Tactics Facility (Ph 30,670 30,670 30,670 30,670
3)
Def-Wide NORTH CAROLINA Fort Bragg SOF Tactical Equipment Maintenance 23,598 23,598 23,598 23,598
Facility
Def-Wide SOUTH CAROLINA Joint Base Charleston Construct Hydrant Fuel System 17,000 17,000 17,000 17,000
Def-Wide TEXAS Red River Army Depot Construct Warehouse & Open Storage 44,700 44,700 44,700 44,700
Def-Wide TEXAS Sheppard AFB Medical/Dental Clinic Replacement 91,910 91,910 91,910 91,910
Def-Wide UNITED KINGDOM RAF Croughton Croughton Elem/Middle/High School 71,424 71,424 71,424 71,424
Replacement
Def-Wide UNITED KINGDOM RAF Lakenheath Construct Hydrant Fuel System 13,500 13,500 13,500 13,500
Def-Wide VIRGINIA Pentagon Pentagon Metro Entrance Facility 12,111 12,111 0 12,111
Def-Wide VIRGINIA Pentagon Upgrade IT Facilities 8,105 8,105 8,105 8,105
Infrastructure--RRMC
Def-Wide WAKE ISLAND Wake Island Test Support Facility 11,670 11,670 11,670 11,670
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Battalion Complex 0 0 64,400 0
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Contingency Construction 10,000 10,000 10,000 -10,000 0
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Energy Conservation Investment 10,000 0 10,000 -10,000 0
Locations Program Design
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Energy Conservation Investment 150,000 150,000 150,000 150,000
Locations Program
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Exercise Related Minor 8,631 8,631 8,631 8,631
Locations Construction
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning and Design, Defense Wide 13,450 23,450 13,450 10,000 23,450
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning and Design, DODEA 23,585 23,585 23,585 23,585
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning and Design, NGA 71,647 36,000 71,647 -35,647 36,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning and Design, NSA 24,000 24,000 24,000 24,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning and Design, WHS 3,427 3,427 3,427 3,427
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Unspecified Minor Construction 3,000 3,000 3,000 3,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Unspecified Minor Construction 3,000 3,000 3,000 3,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Unspecified Minor Construction 5,994 5,994 5,994 5,994
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Unspecified Minor Construction 8,500 8,500 8,500 8,500
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Unspecified Minor Milcon 3,913 3,913 3,913 3,913
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Worldwide Unspecified Minor 2,414 2,414 2,414 2,414
Locations Construction
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide Planning & Design, DLA 27,660 27,660 27,660 27,660
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide Planning and Design, SOCOM 27,653 27,653 27,653 27,653
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning & Design, MDA 0 15,000 0 15,000 15,000
LOCATIONS Locations
Military Construction, Defense-Wide Total 2,056,091 1,929,643 2,108,380 -30,647 2,025,444
........................ ...................... ..................................
NATO WORLDWIDE UNSPECIFIED NATO Security NATO Security Investment Program 177,932 177,932 177,932 177,932
Investment Program
NATO Security Investment Program Total 177,932 177,932 177,932 0 177,932
........................ ...................... ..................................
Army NG COLORADO Fort Carson National Guard Readiness Center 0 16,500 16,500 16,500 16,500
Army NG HAWAII Hilo Combined Support Maintenance Shop 31,000 31,000 31,000 31,000
Army NG IOWA Davenport National Guard Readiness Center 23,000 23,000 23,000 23,000
Army NG KANSAS Fort Leavenworth National Guard Readiness Center 29,000 29,000 29,000 29,000
Army NG NEW HAMPSHIRE Hooksett National Guard Vehicle Maintenance 11,000 11,000 11,000 11,000
Shop
Army NG NEW HAMPSHIRE Rochester National Guard Vehicle Maintenance 8,900 8,900 8,900 8,900
Shop
Army NG OKLAHOMA Ardmore National Guard Readiness Center 22,000 22,000 22,000 22,000
Army NG PENNSYLVANIA Fort Indiantown Gap Access Control Buildings 0 20,000 0 20,000 20,000
Army NG PENNSYLVANIA York National Guard Readiness Center 9,300 9,300 9,300 9,300
Army NG RHODE ISLAND East Greenwich National Guard/Reserve Center 20,000 20,000 20,000 20,000
Building (JFHQ)
Army NG UTAH Camp Williams National Guard Readiness Center 37,000 37,000 37,000 37,000
Army NG WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning and Design 8,729 8,729 8,729 8,729
Locations
Army NG WORLDWIDE UNSPECIFIED Unspecified Worldwide Unspecified Minor Construction 12,001 12,001 12,001 12,001
Locations
Army NG WYOMING Camp Guernsey General Instruction Building 0 31,000 0 31,000 31,000
Army NG WYOMING Laramie National Guard Readiness Center 21,000 21,000 21,000 21,000
Military Construction, Army National Guard Total 232,930 300,430 249,430 67,500 300,430
........................ ...................... ..................................
Army Res ARIZONA Phoenix Army Reserve Center 0 30,000 30,000 30,000 30,000
Army Res CALIFORNIA Barstow Equipment Concentration Site 0 29,000 0 0
Army Res CALIFORNIA Camp Parks Transient Training Barracks 19,000 19,000 19,000 19,000
Army Res CALIFORNIA Fort Hunter Liggett Emergency Services Center 21,500 21,500 21,500 21,500
Army Res VIRGINIA Dublin Organizational Maintenance Shop/ 6,000 6,000 6,000 6,000
AMSA
Army Res WASHINGTON Joint Base Lewis- Army Reserve Center 0 27,500 0 0
McChord
Army Res WISCONSIN Fort McCoy AT/MOB Dining Facility 11,400 11,400 11,400 11,400
Army Res WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning and Design 7,500 7,500 7,500 7,500
Locations
Army Res WORLDWIDE UNSPECIFIED Unspecified Worldwide Unspecified Minor Construction 2,830 2,830 2,830 2,830
Locations
Military Construction, Army Reserve Total 68,230 154,730 98,230 30,000 98,230
........................ ...................... ..................................
N/MC Res LOUISIANA New Orleans Joint Reserve Intelligence Center 11,207 11,207 11,207 11,207
N/MC Res NEW YORK Brooklyn Electric Feeder Ductbank 1,964 1,964 1,964 1,964
N/MC Res NEW YORK Syracuse Marine Corps Reserve Center 13,229 13,229 13,229 13,229
N/MC Res TEXAS Galveston Reserve Center Annex 8,414 8,414 8,414 8,414
N/MC Res WORLDWIDE UNSPECIFIED Unspecified Worldwide MCNR Planning & Design 3,783 3,783 3,783 3,783
Locations
Military Construction, Naval Reserve Total 38,597 38,597 38,597 0 38,597
........................ ...................... ..................................
Air NG CONNECTICUT Bradley IAP Construct Small Air Terminal 6,300 6,300 6,300 6,300
Air NG FLORIDA Jacksonville IAP Replace Fire Crash/Rescue Station 9,000 9,000 9,000 9,000
Air NG HAWAII Joint Base Pearl F-22 Composite Repair Facility 11,000 11,000 11,000 11,000
Harbor-Hickam
Air NG IOWA Sioux Gateway Airport Construct Consolidated Support 12,600 12,600 12,600 12,600
Functions
Air NG MARYLAND Joint Base Andrews Munitions Load Crew Trng/Corrosion 0 5,000 0 5,000 5,000
Cntrl Facility
Air NG MINNESOTA Duluth IAP Load Crew Training/Weapon Shops 7,600 7,600 7,600 7,600
Air NG NEW HAMPSHIRE Pease International KC-46A Install Fuselage Trainer 1,500 1,500 1,500 1,500
Trade Port Bldg 251
Air NG NORTH CAROLINA Charlotte/Douglas IAP C-17 Corrosion Control/Fuel Cell 29,600 29,600 29,600 29,600
Hangar
Air NG NORTH CAROLINA Charlotte/Douglas IAP C-17 Type III Hydrant Refueling 21,000 21,000 21,000 21,000
System
Air NG OHIO Toledo Express Airport Indoor Small Arms Range 0 6,000 0 6,000 6,000
Air NG SOUTH CAROLINA McEntire ANGS Replace Operations and Training 8,400 8,400 8,400 8,400
Facility
Air NG TEXAS Ellington Field Consolidate Crew Readiness 4,500 4,500 4,500 4,500
Facility
Air NG VERMONT Burlington IAP F-35 Beddown 4-Bay Flight 4,500 4,500 4,500 4,500
Simulator
Air NG WORLDWIDE UNSPECIFIED Unspecified Worldwide Unspecified Minor Construction 17,495 29,495 17,495 17,495
Locations
Air NG WORLDWIDE UNSPECIFIED Various Worldwide Planning and Design 10,462 10,462 10,462 10,462
Locations
Military Construction, Air National Guard Total 143,957 166,957 143,957 11,000 154,957
........................ ...................... ..................................
AF Res GUAM Andersen AFB Reserve Medical Training Facility 0 5,200 0 0
AF Res MASSACHUSETTS Westover ARB Indoor Small Arms Range 0 9,200 0 0
AF Res NORTH CAROLINA Seymour Johnson AFB KC-46A ADAL Bldg for AGE/Fuselage 5,700 5,700 5,700 5,700
Training
AF Res NORTH CAROLINA Seymour Johnson AFB KC-46A ADAL Squadron Operations 2,250 2,250 2,250 2,250
Facilities
AF Res NORTH CAROLINA Seymour Johnson AFB KC-46A Two Bay Corrosion/Fuel Cell 90,000 90,000 90,000 90,000
Hangar
AF Res PENNSYLVANIA Pittsburgh IAP C-17 ADAL Fuel Hydrant System 22,800 22,800 22,800 22,800
AF Res PENNSYLVANIA Pittsburgh IAP C-17 Const/OverlayTaxiway and 8,200 8,200 8,200 8,200
Apron
AF Res PENNSYLVANIA Pittsburgh IAP C-17 Construct Two Bay Corrosion/ 54,000 54,000 54,000 54,000
Fuel Hangar
AF Res UTAH Hill AFB ADAL Life Support Facility 0 3,050 0 0
AF Res WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning & Design 4,500 4,500 4,500 4,500
Locations
AF Res WORLDWIDE UNSPECIFIED Unspecified Worldwide Unspecified Minor Construction 1,500 1,500 1,500 1,500
Locations
Military Construction, Air Force Reserve Total 188,950 206,400 188,950 0 188,950
........................ ...................... ..................................
FH Con Army KOREA Camp Humphreys Family Housing New Construction, 143,563 100,000 143,563 -43,563 100,000
Incr 1
FH Con Army KOREA Camp Walker Family Housing New Construction 54,554 54,554 54,554 54,554
FH Con Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning & Design 2,618 2,618 2,618 2,618
Locations
Family Housing Construction, Army Total 200,735 157,172 200,735 -43,563 157,172
........................ ...................... ..................................
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Furnishings 10,178 10,178 10,178 10,178
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Housing Privatization Support 19,146 19,146 19,146 19,146
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Leasing 131,761 131,761 131,761 131,761
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Maintenance 60,745 60,745 60,745 60,745
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Management 40,344 40,344 40,344 40,344
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Miscellaneous 400 400 400 400
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Services 7,993 7,993 7,993 7,993
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide Utilities 55,428 55,428 55,428 55,428
Locations
Family Housing Operation And Maintenance, Army Total 325,995 325,995 325,995 0 325,995
........................ ...................... ..................................
FH Con Navy MARIANA ISLANDS Guam Replace Andersen Housing Ph I 78,815 78,815 78,815 78,815
FH Con Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Construction Improvements 11,047 11,047 11,047 11,047
Locations
FH Con Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning & Design 4,149 4,149 4,149 4,149
Locations
Family Housing Construction, Navy And Marine Corps Total 94,011 94,011 94,011 0 94,011
........................ ...................... ..................................
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Furnishings 17,457 17,457 17,457 17,457
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Housing Privatization Support 26,320 26,320 26,320 26,320
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Leasing 54,689 54,689 54,689 54,689
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Maintenance 81,254 81,254 81,254 81,254
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Management 51,291 51,291 51,291 51,291
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Miscellaneous 364 364 364 364
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Services 12,855 12,855 12,855 12,855
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Utilities 56,685 56,685 56,685 56,685
Locations
Family Housing Operation And Maintenance, Navy And Marine Corps Total 300,915 300,915 300,915 0 300,915
........................ ...................... ..................................
FH Con AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Construction Improvements 56,984 56,984 56,984 56,984
Locations
FH Con AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning & Design 4,368 4,368 4,368 4,368
Locations
Family Housing Construction, Air Force Total 61,352 61,352 61,352 0 61,352
........................ ...................... ..................................
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Furnishings 31,690 31,690 31,690 31,690
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Housing Privatization Support 41,809 41,809 41,809 41,809
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Leasing 20,530 20,530 20,530 20,530
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Maintenance 85,469 85,469 85,469 85,469
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Management 42,919 42,919 42,919 42,919
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Miscellaneous 1,745 1,745 1,745 1,745
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Services 13,026 13,026 13,026 13,026
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide Utilities 37,241 37,241 37,241 37,241
Locations
Family Housing Operation And Maintenance, Air Force Total 274,429 274,429 274,429 0 274,429
........................ ...................... ..................................
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Furnishings 20 20 20 20
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Furnishings 500 500 500 500
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Furnishings 399 399 399 399
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Leasing 40,984 40,984 40,984 40,984
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Leasing 11,044 11,044 11,044 11,044
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Maintenance 349 349 349 349
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Maintenance 800 800 800 800
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Management 388 388 388 388
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Services 32 32 32 32
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Utilities 4,100 4,100 4,100 4,100
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Utilities 174 174 174 174
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide Utilities 367 367 367 367
Locations
Family Housing Operation And Maintenance, Defense-Wide Total 59,157 59,157 59,157 0 59,157
........................ ...................... ..................................
FHIF WORLDWIDE UNSPECIFIED Unspecified Worldwide Program Expenses 3,258 3,258 3,258 3,258
Locations
DoD Family Housing Improvement Fund Total 3,258 3,258 3,258 0 3,258
........................ ...................... ..................................
BRAC WORLDWIDE UNSPECIFIED Base Realignment & Base Realignment and Closure 14,499 24,499 14,499 10,000 24,499
Closure, Army
Base Realignment and Closure--Army Total 14,499 24,499 14,499 10,000 24,499
........................ ...................... ..................................
BRAC WORLDWIDE UNSPECIFIED Base Realignment & Base Realignment & Closure 110,606 125,606 110,606 25,000 135,606
Closure, Navy
BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide DON-100: Planning, Design and 4,604 4,604 4,604 4,604
Locations Management
BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide DON-101: Various Locations 10,461 10,461 10,461 10,461
Locations
BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide DON-138: NAS Brunswick, ME 557 557 557 557
Locations
BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide DON-157: MCSA Kansas City, MO 100 100 100 100
Locations
BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide DON-172: NWS Seal Beach, Concord, 4,648 4,648 4,648 4,648
Locations CA
BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide DON-84: JRB Willow Grove & Cambria 3,397 3,397 3,397 3,397
Locations Reg AP
Base Realignment and Closure--Navy Total 134,373 149,373 134,373 25,000 159,373
........................ ...................... ..................................
BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide DoD BRAC Activities--Air Force 56,365 56,365 56,365 56,365
Locations
Base Realignment and Closure--Air Force Total 56,365 56,365 56,365 0 56,365
........................ ...................... ..................................
PYS WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning and Design, Defense Wide 0 0 0 -30,000 -30,000
Locations
PYS WORLDWIDE UNSPECIFIED Worldwide Air Force 0 -29,300 -22,300 -51,460 -51,460
PYS WORLDWIDE UNSPECIFIED Worldwide Army 0 -25,000 -30,000 -29,602 -29,602
PYS WORLDWIDE UNSPECIFIED Worldwide Defense-Wide 0 -60,577 -132,200 -141,600 -141,600
PYS WORLDWIDE UNSPECIFIED Worldwide Navy 0 -87,699 0 0
PYS WORLDWIDE UNSPECIFIED Worldwide HAP 0 -25,000 0 -25,000 -25,000
LOCATIONS
PYS WORLDWIDE UNSPECIFIED Worldwide NSIP 0 -30,000 -30,000 -30,000 -30,000
LOCATIONS
Prior Year Savings Total 0 -257,576 -214,500 -307,662 -307,662
........................ ...................... ..................................
Total, Military Construction 7,444,056 7,694,000 7,477,462 265,509 7,709,565
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SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Account State/ Country Installation Project Title Request Authorized Authorized Change Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide ERI: Planning and Design 18,900 18,900 18,900 18,900
Locations
Military Construction, Army Total 18,900 18,900 18,900 0 18,900
........................ ...................... ..................................
Navy ICELAND Keflavik ERI: P-8A Aircraft Rinse Rack 5,000 5,000 5,000 5,000
Navy ICELAND Keflavik ERI: P-8A Hangar Upgrade 14,600 14,600 14,600 14,600
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide ERI: Planning and Design 1,800 1,800 1,800 1,800
Locations
Military Construction, Navy Total 21,400 21,400 21,400 0 21,400
........................ ...................... ..................................
AF BULGARIA Graf Ignatievo ERI: Construct Sq Ops/Operational 3,800 3,800 3,800 3,800
Alert Fac
AF BULGARIA Graf Ignatievo ERI: Fighter Ramp Extension 7,000 7,000 7,000 7,000
AF BULGARIA Graf Ignatievo ERI: Upgrade Munitions Storage 2,600 2,600 2,600 2,600
Area
AF DJIBOUTI Chabelley Airfield OCO: Construct Chabelley Access 3,600 3,600 3,600 3,600
Road
AF DJIBOUTI Chabelley Airfield OCO: Construct Parking Apron and 6,900 6,900 6,900 6,900
Taxiway
AF ESTONIA Amari AB ERI: Construct Bulk Fuel Storage 6,500 6,500 6,500 6,500
AF GERMANY Spangdahlem AB ERI: Construct High Cap Trim Pad & 1,000 1,000 1,000 1,000
Hush House
AF GERMANY Spangdahlem AB ERI: F/A-22 Low Observable/Comp 12,000 12,000 12,000 12,000
Repair Fac
AF GERMANY Spangdahlem AB ERI: F/A-22 Upgrade Infrastructure/ 1,600 1,600 1,600 1,600
Comm/Util
AF GERMANY Spangdahlem AB ERI: Upgrade Hardened Aircraft 2,700 2,700 2,700 2,700
Shelters
AF GERMANY Spangdahlem AB ERI: Upgrade Munitions Storage 1,400 1,400 1,400 1,400
Doors
AF LITHUANIA Siauliai ERI: Munitions Storage 3,000 3,000 3,000 3,000
AF POLAND Lask AB ERI: Construct Squadron Operations 4,100 4,100 4,100 4,100
Facility
AF POLAND Powidz AB ERI: Construct Squadron Operations 4,100 4,100 4,100 4,100
Facility
AF ROMANIA Campia Turzii ERI: Construct Munitions Storage 3,000 3,000 3,000 3,000
Area
AF ROMANIA Campia Turzii ERI: Construct Squadron Operations 3,400 3,400 3,400 3,400
Facility
AF ROMANIA Campia Turzii ERI: Construct Two-Bay Hangar 6,100 6,100 6,100 6,100
AF ROMANIA Campia Turzii ERI: Extend Parking Aprons 6,000 6,000 6,000 6,000
AF WORLDWIDE UNSPECIFIED Unspecified Worldwide CTP: Planning and Design 9,000 8,551 9,000 -449 8,551
Locations
AF WORLDWIDE UNSPECIFIED Unspecified Worldwide OCO: Planning and Design 940 940 940 940
Locations
Military Construction, Air Force Total 88,740 88,291 88,740 -449 88,291
........................ ...................... ..................................
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide ERI: Unspecified Minor 5,000 5,000 5,000 5,000
Locations Construction
Military Construction, Defense-Wide Total 5,000 5,000 5,000 0 5,000
........................ ...................... ..................................
Total, Military Construction 134,040 133,591 134,040 -449 133,591
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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)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Account State/ Country Installation Project Title Request Authorized Authorized Change Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy DJIBOUTI Camp Lemonier OCO: Medical/Dental Facility 37,409 0 0 0 37,409
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide Planning and Design 1,000 0 0 0 1,000
Locations
Military Construction, Navy Total 38,409 0 0 0 38,409
........................ ...................... ..................................
Total, Military Construction 38,409 0 0 0 38,409
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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)
-----------------------------------------------------------------------------------------------------------------
FY 2017 House Senate Conference Conference
Program Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy......................... 151,876 -15,260 0 -15,260 136,616
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities................... 9,243,147 316,000 -7,750 185,882 9,429,029
Defense nuclear nonproliferation..... 1,807,916 11,600 70,000 79,000 1,886,916
Naval reactors....................... 1,420,120 0 0 -2,500 1,417,620
Federal salaries and expenses........ 412,817 -40,000 0 -17,300 395,517
Total, National nuclear security 12,884,000 287,600 62,250 245,082 13,129,082
administration........................
Environmental and other defense
activities:
Defense environmental cleanup........ 5,382,050 -92,100 -135,100 -108,492 5,273,558
Other defense activities............. 791,552 9,000 0 -2,000 789,552
Total, Environmental & other defense 6,173,602 -83,100 -135,100 -110,492 6,063,110
activities............................
Total, Atomic Energy Defense Activities.. 19,057,602 204,500 -72,850 134,590 19,192,192
Total, Discretionary Funding................. 19,209,478 189,240 -72,850 119,330 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 -15,260 -15,260 0
Denial of funds for defense-only [-15,260] [-15,260]
repository..............................
Total, Nuclear Energy........................ 151,876 -15,260 0 -15,260 136,616
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 21,000 220,253
Mitigation of schedule risk.......... [21,000]
Total, Life extension programs........... 1,340,341 21,000 0 0 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 0 0 0 443,676
Weapons dismantlement and disposition
Operations and maintenance............. 68,984 -14,000 -12,750 -12,984 56,000
Denial of dismantlement acceleration. [-14,000] [-12,984]
Program Reduction.................... [-12,750]
Stockpile services
Production support..................... 457,043 457,043
Research and development support....... 34,187 34,187
R&D certification and safety........... 156,481 46,000 156,481
Stockpile Responsiveness Program and [46,000]
technology maturation efforts.......
Management, technology, and production. 251,978 251,978
Total, Stockpile services................ 899,689 46,000 0 0 899,689
Nuclear material commodities
Uranium sustainment.................... 20,988 20,988
Plutonium sustainment.................. 184,970 6,000 184,970
Mitigation of schedule risk for [6,000]
meeting statutory pit production
requirements........................
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 6,000 0 0 577,837
Total, Directed stockpile work............. 3,330,527 59,000 -12,750 -12,984 3,317,543
Research, development, test and evaluation
(RDT&E)
Science
Advanced certification................. 58,000 58,000
Primary assessment technologies........ 99,000 12,000 99,000
Support to Prototype Nuclear Weapons [12,000]
for Intelligence Estimates program..
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 12,000 0 0 441,984
Engineering
Enhanced surety........................ 37,196 16,000 37,196
Stockpile Responsiveness Program and [16,000]
technology maturation efforts.......
Weapon systems engineering assessment 16,958 16,958
technology............................
Nuclear survivability.................. 43,105 4,000 43,105
Improve planning and coordination on [4,000]
strategic radiation-hardened
microsystems........................
Enhanced surveillance.................. 42,228 42,228
Total, Engineering ...................... 139,487 20,000 0 0 139,487
Inertial confinement fusion ignition and
high yield
Ignition............................... 75,432 -5,000 75,432
Program decrease..................... [-5,000]
Support of other stockpile programs.... 23,363 23,363
Diagnostics, cryogenics and 68,696 68,696
experimental support..................
Pulsed power inertial confinement 5,616 5,616
fusion................................
Joint program in high energy density 9,492 9,492
laboratory plasmas....................
Facility operations and target 340,360 -4,000 340,360
production............................
Program decrease..................... [-4,000]
Total, Inertial confinement fusion and 522,959 -9,000 0 0 522,959
high yield..............................
Advanced simulation and computing........ 663,184 -7,000 -7,000 656,184
Program decrease....................... [-7,000] [-7,000]
Stockpile Responsiveness Program......... 0 5,000 40,000 40,000
Program increase....................... [5,000] [40,000]
Advanced manufacturing
Additive manufacturing................. 12,000 12,000
Component manufacturing development.... 46,583 31,000 46,583
Stockpile Responsiveness Program and [31,000]
technology maturation efforts.......
Processing technology development...... 28,522 28,522
Total, Advanced manufacturing............ 87,105 31,000 0 0 87,105
Total, RDT&E............................... 1,854,719 47,000 5,000 33,000 1,887,719
Infrastructure and operations (formerly
RTBF)
Operating
Operations of facilities
Kansas City Plant.................... 101,000 101,000
Lawrence Livermore National 70,500 70,500
Laboratory..........................
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 0 0 0 824,000
Safety and environmental operations...... 110,000 110,000
Maintenance and repair of facilities..... 294,000 30,000 30,000 324,000
Address high-priority preventative [30,000] [30,000]
maintenance...........................
Recapitalization:
Infrastructure and safety.............. 554,643 120,000 75,866 630,509
Address high-priority deferred [120,000] [75,866]
maintenance.........................
Capability based investment............ 112,639 112,639
Total, Recapitalization.................. 667,282 120,000 0 75,866 743,148
Construction:
17-D-640 U1a Complex Enhancements 11,500 11,500
Project, NNSS.........................
17-D-630 Electrical Infrastructure 25,000 25,000
Upgrades, LLNL........................
16-D-515 Albuquerque complex upgrades 15,047 15,047
project...............................
15-D-613 Emergency Operations Center, Y- 2,000 2,000
12....................................
15-D-302 TA-55 Reinvestment project, 21,455 21,455
Phase 3, LANL.........................
07-D-220-04 Transuranic liquid waste 17,053 17,053
facility, LANL........................
06-D-141 PED/Construction, UPF Y-12, 575,000 575,000
Oak Ridge, TN.........................
04-D-125-04 RLUOB equipment 159,615 159,615
installation..........................
Total, Construction...................... 826,670 0 0 0 826,670
Total, Infrastructure and operations....... 2,721,952 150,000 0 105,866 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 0 0 0 282,732
Defense nuclear security
Operations and maintenance............... 657,133 60,000 36,000 693,133
Support to physical security [60,000] [36,000]
infrastructure recapitalization and
CSTART................................
Construction:
14-D-710 Device assembly facility argus 13,000 13,000
installation project, NV..............
17-D-710 West end protected area 0 24,000 24,000
reduction project, Y-12...............
Total, Defense nuclear security............ 670,133 60,000 0 60,000 730,133
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.................... 9,243,147 316,000 -7,750 185,882 9,429,029
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Defense Nuclear Nonproliferation R&D
Global material security............... 337,108 -5,000 337,108
Program decrease..................... [-5,000]
Material management and minimization... 341,094 -82,400 -20,000 321,094
Program decrease..................... [-82,400] [-20,000]
Nonproliferation and arms control...... 124,703 124,703
Defense Nuclear Nonproliferation R&D... 393,922 24,000 24,000 417,922
Acceleration of low-yield detection [4,000] [4,000]
experiments.........................
Nuclear detection technology and new [20,000] [20,000]
challenges such as 3D printing......
Low Enriched Uranium R&D for Naval 0 5,000 5,000 5,000
Reactors..............................
Low Enriched Uranium R&D for Naval [5,000] [5,000]
Reactors............................
Nonproliferation Construction:
99-D-143 Mixed Oxide (MOX) Fuel 270,000 70,000 70,000 70,000 340,000
Fabrication Facility, SRS...........
Increase to support construction... [70,000] [70,000] [70,000]
Total, Nonproliferation construction... 270,000 70,000 70,000 70,000 340,000
Total, Defense Nuclear Nonproliferation 1,466,827 11,600 70,000 79,000 1,545,827
Programs................................
Legacy contractor pensions................. 83,208 83,208
Nuclear counterterrorism and incident 271,881 271,881
response program..........................
Rescission of prior year balances.......... -14,000 -14,000
Total, Defense Nuclear Nonproliferation...... 1,807,916 11,600 70,000 79,000 1,886,916
Naval Reactors
Naval reactors operations and 449,682 -2,500 447,182
infrastructure............................
Naval reactors development................. 437,338 437,338
Ohio replacement reactor systems 213,700 213,700
development...............................
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 33,300 33,300
facility................................
14-D-901 Spent fuel handling 100,000 100,000
recapitalization project, NRF...........
10-D-903, Security upgrades, KAPL........ 12,900 12,900
Total, Construction........................ 148,300 0 0 0 148,300
Total, Naval Reactors........................ 1,420,120 0 0 -2,500 1,417,620
Federal Salaries And Expenses
Program direction.......................... 412,817 -40,000 -17,300 395,517
Program decrease......................... [-40,000] [-17,300]
Total, Office Of The Administrator........... 412,817 -40,000 0 -17,300 395,517
Defense Environmental Cleanup
Closure sites:
Closure sites administration............. 9,389 9,389
Hanford site:
River corridor and other cleanup 69,755 45,000 45,000 114,755
operations..............................
Acceleration of priority programs...... [45,000] [45,000]
Central plateau remediation.............. 620,869 8,000 23,500 644,369
Acceleration of priority programs...... [8,000] [23,500]
Richland community and regulatory support 14,701 14,701
Construction:
15-D-401 Containerized sludge removal 11,486 11,486
annex, RL.............................
Total, Hanford site........................ 716,811 53,000 0 68,500 785,311
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 0 0 0 362,088
Los Alamos National Laboratory
EMLA cleanup activities.................. 185,606 10,000 10,000 195,606
Program Increase....................... [10,000] [10,000]
EMLA community and regulatory support.... 3,394 3,394
Total, Los Alamos National Laboratory...... 189,000 0 10,000 10,000 199,000
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 0 0 0 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 5,100 5,100
Treatment Facility..................
Total, OR Nuclear facility D & D......... 98,951 0 0 0 98,951
U233 Disposition Program................. 37,311 37,311
OR cleanup and disposition............... 54,557 54,557
OR reservation community and regulatory 4,400 4,400
support.................................
Oak Ridge technology development......... 3,000 3,000
Total, Oak Ridge Reservation............... 198,219 0 0 0 198,219
Office of River Protection:
Waste treatment and immobilization plant
WTP operations......................... 3,000 3,000
15-D-409 Low activity waste 73,000 73,000
pretreatment system, ORP..............
01-D-416 A-D/ORP-0060 / Major 690,000 690,000
construction..........................
Total, Waste treatment and immobilization 766,000 0 0 0 766,000
plant...................................
Tank farm activities
Rad liquid tank waste stabilization and 721,456 721,456
disposition...........................
Total, Tank farm activities.............. 721,456 0 0 0 721,456
Total, Office of River protection.......... 1,487,456 0 0 0 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 645,332 645,332
stabilization and disposition.........
Construction:
15-D-402--Saltstone Disposal Unit #6, 7,577 7,577
SRS.................................
17-D-401--Saltstone Disposal Unit #7. 9,729 9,729
05-D-405 Salt waste processing 160,000 160,000
facility, Savannah River Site.......
Total, Construction.................... 177,306 0 0 0 177,306
Total, Radioactive liquid tank waste..... 822,638 0 0 0 822,638
Total, Savannah River site................. 1,297,453 0 0 0 1,297,453
Waste Isolation Pilot Plant
Operations and maintenance............... 257,188 10,000 10,000 267,188
Program increase....................... [10,000] [10,000]
Construction:
15-D-411 Safety significant confinement 2,532 2,532
ventilation system, WIPP..............
15-D-412 Exhaust shaft, WIPP........... 2,533 2,533
Total, Construction...................... 5,065 0 0 0 5,065
Total, Waste Isolation Pilot Plant......... 262,253 0 10,000 10,000 272,253
Program direction.......................... 290,050 290,050
Program support............................ 14,979 14,979
Safeguards and Security.................... 255,973 255,973
Technology development..................... 30,000 10,000 30,000
NAS study on technology development, [10,000]
acceleration of priority efforts........
Infrastructure recapitalization............ 41,892 -41,892 0
Defense Uranium enrichment D&D............. 155,100 -155,100 -155,100 -155,100 0
Ahead of need............................ [-155,100] [-155,100] [-155,100]
Subtotal, Defense environmental cleanup...... 5,382,050 -92,100 -135,100 -108,492 5,273,558
Total, Defense Environmental Cleanup......... 5,382,050 -92,100 -135,100 -108,492 5,273,558
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security. 130,693 -2,000 128,693
Program direction........................ 66,519 66,519
Total, Environment, health, safety and 197,212 0 0 -2,000 195,212
security..................................
Independent enterprise assessments
Independent enterprise assessments....... 24,580 24,580
Program direction........................ 51,893 51,893
Total, Independent enterprise assessments.. 76,473 0 0 0 76,473
Specialized security activities............ 237,912 9,000 237,912
IT infrastructure and red teaming........ [9,000]
Office of Legacy Management
Legacy management........................ 140,306 140,306
Program direction........................ 14,014 14,014
Total, Office of Legacy Management......... 154,320 0 0 0 154,320
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 3,000 3,000
assessments.............................
Total, Defense related administrative 119,716 0 0 0 116,716
support...................................
Office of hearings and appeals............. 5,919 5,919
Subtotal, Other defense activities........... 791,552 9,000 0 -2,000 789,552
Total, Other Defense Activities.............. 791,552 9,000 0 -2,000 789,552
----------------------------------------------------------------------------------------------------------------
DIVISION E--UNIFORM CODE OF MILITARY JUSTICE REFORM
Short title (sec. 5001)
The Senate bill contained a provision (sec. 5001) that
would provide that the short title for this division may be
cited as the ``Military Justice Act of 2016''.
The House amendment contained an identical provision
(sec. 6000).
The conference agreement includes this provision.
Title LI--General Provisions
Definitions (sec. 5101)
The Senate bill contained a provision (sec. 5101) that
would amend section 801 of title 10, United States Code,
(Article 1, Uniform Code of Military Justice (UCMJ)) to amend
the definition of ``judge advocate''; to reflect the change
within the Department of the Air Force from the ``Judge
Advocate General's Department'' to the ``Judge Advocate
General's Corps''; and to amend the definition of ``military
judge'' to conform to the proposed changes in Article 30a of
the Uniform Code of Military Justice (10 U.S.C. 830a) allowing
military judges to address certain matters prior to referral of
charges.
The House amendment contained a similar provision (sec.
6101).
The House recedes.
Clarification of persons subject to UCMJ while on inactive-duty
training (sec. 5102)
The Senate bill contained a provision (sec. 5102) that
would amend section 802 of title 10, United States Code,
(Article 2, Uniform Code of Military Justice (UCMJ)) that would
clarify jurisdiction for reserve component members during time
periods incidental to Inactive-Duty Training (IDT).
The House amendment contained an identical provision
(sec. 6002).
The conference agreement includes this provision.
Staff judge advocate disqualification due to prior involvement in case
(sec. 5103)
The Senate bill contained a provision (sec. 5103) that
would amend section 806 of title 10, United States Code,
(Article 6, Uniform Code of Military Justice (UCMJ)) to include
appellate judges and counsel, including special victims'
counsel, who have acted in the same case or in any proceeding
before a military judge, preliminary hearing officer, or
appellate court, in those disqualified to serve as a staff
judge advocate or legal officer to any reviewing or convening
authority on the same case.
The House amendment contained an identical provision
(sec. 6003).
The conference agreement includes this provision.
Conforming amendment relating to military magistrates (sec. 5104)
The Senate bill contained a provision (sec. 5104) that
would amend section 806a of title 10, United States Code,
(Article 6a, Uniform Code of Military Justice (UCMJ)) to
conform Article 6a, UCMJ, with the provision to allow the
detailing of military magistrates to proceedings under Article
30a and to add ``military magistrates'' to the list of
officials whose fitness to perform duties shall be subject to
investigation and disposition under regulations prescribed by
the President.
The House amendment contained an identical provision
(sec. 6004).
The conference agreement includes this provision.
Rights of victim (sec. 5105)
The Senate bill contained a provision (sec. 546) that
would amend section 806b(c) of title 10, United States Code
(Article 6b(c), Uniform Code of Military Justice (UCMJ)) to
authorize military judges to decide on a case-by-case basis
whether it is appropriate to appoint an individual to assume
the victim's rights in all cases under the UCMJ in which the
victim of an offense is under 18 years of age (unless the
victim is a member of the Armed Forces) or is incompetent,
incapacitated, or deceased.
The Senate bill also contained a provision (sec. 5105)
that would amend section 806b of title 10, United States Code,
(Article 6b, UCMJ), to clarify the relationship between the
rights of victims and the disposition of offenses, as well as
the procedures for judicial appointment of individuals to
assume the rights of certain victims. The provision would also
modify Article 6b, UCMJ, to incorporate procedures on defense
counsel interviews of victims of sex-related offenses into
Article 6b, UCMJ, and would extend those procedures to victims
of all offenses, consistent with related victims' rights
provisions.
The House amendment contained a provision (sec. 6005)
that is identical to the Senate provision (sec. 5105).
The conference agreement includes the identical
provisions.
Title LII--Apprehension and Restraint
Restraint of persons charged (sec. 5121)
The Senate bill contained a provision (sec. 5121) that
would amend section 810 of title 10, United States Code,
(Article 10, Uniform Code of Military Justice (UCMJ)) to
conform the language of the section to reflect current military
justice practice regarding the arrest or confinement of an
individual who is charged with an offense under the UCMJ.
Additionally, it would amend Article 10 to require forwarding
of charges and, when applicable, the preliminary hearing
report, whenever a person is ordered into arrest or confinement
before trial.
The House amendment contained an identical provision
(sec. 6101).
The conference agreement includes this provision.
Modification of prohibition of confinement of members of the Armed
Forces with enemy prisoners and certain others (sec. 5122)
The Senate bill contained a provision (sec. 5122) that
would amend section 812 of title 10, United States Code,
(Article 12, Uniform Code of Military Justice (UCMJ)) to limit
the prohibition on confining military members with foreign
nationals to situations where the foreign nationals are not
members of the U.S. Armed Forces and are detained under the law
of war.
The House amendment contained an identical provision
(sec. 6102).
The conference agreement includes this provision.
Title LIII--Non-Judicial Punishment
Modification of confinement as non-judicial punishment (sec. 5141)
The Senate bill contained a provision (sec. 5141) that
would amend section 815 of title 10, United States Code,
(Article 15, Uniform Code of Military Justice (UCMJ)) to remove
punishment in the form of confinement on a diet limited to
bread and water from the list of authorized punishments.
The House amendment contained an identical provision
(sec. 6201).
The conference agreement includes this provision.
Title LIV--Court-Martial Jurisdiction
Courts-martial classified (sec. 5161)
The Senate bill contained a provision (sec. 5161) that
would amend section 816 of title 10, United States Code,
(Article 16, Uniform Code of Military Justice (UCMJ)) to
establish standard panel sizes in all courts-martial: 8 members
in a general court-martial (subject to the requirements of
Article 25a in capital cases), and 4 members in a special
court-martial. The provision would require a military judge to
be detailed to all special courts-martial and would provide the
military justice system with an option for a judge-alone trial
by special court-martial, with confinement limited to 6 months
or less, as reflected in the proposed changes to Article 19,
UCMJ.
The House amendment contained an identical provision
(sec. 6301).
The conference agreement includes this provision.
Jurisdiction of general courts-martial (sec. 5162)
The Senate bill contained a provision (sec. 5162) that
would amend section 818 of title 10, United States Code,
(Article 18, Uniform Code of Military Justice (UCMJ)) to
conform Article 18 to the proposed changes to Article 16
concerning the types of general courts-martial and the proposed
changes to Article 56 concerning sex-related offenses.
The House amendment contained a similar provision (sec.
6302).
The House recedes.
Jurisdiction of special courts-martial (sec. 5163)
The Senate bill contained a provision (sec. 5163) that
would amend section 819 of title 10, United States Code,
(Article 19, Uniform Code of Military Justice (UCMJ)) to
conform to the proposal in Article 16, UCMJ, that would
authorize special courts-martial to be referred for trial by
military judge-alone, and to authorize a military judge to
designate a military magistrate to preside over trials, and to
conform to current practice requiring a military judge,
qualified defense counsel, and a recorder at every special
court-martial.
The House amendment contained an identical provision
(sec. 6303).
The conference agreement includes this provision.
Summary court-martial as non-criminal forum (sec. 5164)
The Senate bill contained a provision (sec. 5164) that
would amend section 820 of title 10, United States Code,
(Article 20, Uniform Code of Military Justice (UCMJ)) by adding
a new subsection defining the summary court-martial as a non-
criminal forum and clarifying that a finding of guilty at a
summary court-martial does not constitute a criminal
conviction.
The House amendment contained an identical provision
(sec. 6304).
The conference agreement includes this provision.
Title LV--Composition of Courts-Martial
Technical amendment relating to persons authorized to convene general
courts-martial (sec. 5181)
The Senate bill contained a provision (sec. 5181) that
would amend section 822 of title 10, United States Code,
(Article 22, Uniform Code of Military Justice (UCMJ)) by
removing the words ``in chief'' to reflect the current
terminology for the commander of a naval fleet.
The House amendment contained an identical provision
(sec. 6401).
The conference agreement includes this provision.
Who may serve on courts-martial and related matters (sec. 5182)
The Senate bill contained a provision (sec. 5182) that
would amend section 825 of title 10, United States Code,
(Article 25, Uniform Code of Military Justice (UCMJ)) to permit
convening authorities to detail enlisted personnel to court-
martial panels, subject to the accused's ability to
specifically elect an all-officer panel, under the same rules
and procedures with which an accused may elect one-third
enlisted panel membership; to remove the statutory prohibition
against detailing enlisted members to courts-martial who are
from the same unit as an enlisted accused; and to conform to
the proposed amendments to Article 29, UCMJ, concerning
impaneling of members.
The House amendment contained a similar provision (sec.
6402).
The House recedes with an amendment that would establish
that sentencing in courts-martial in which members convict the
accused for any offense would be by military judge alone
unless, after the findings are announced and before any matter
is presented in the sentencing phase, the accused requests
sentencing by members. The amendment retains the requirement
for sentencing by members in capital cases for which the court-
martial may sentence the accused to death.
The Department of Defense Military Justice Review Group
recommended that sentencing should be by military judge alone
in all cases except in capital cases for which the court-
martial may sentence the accused to death. There may be non-
capital cases in which an accused prefers that his or her
sentence should be determined by members. The conferees
determined that it would be appropriate to allow an accused
found guilty by a court-martial with a military judge and
members the option to select members for sentencing. The
conferees further direct that the Military Justice Review Panel
established elsewhere in this Act shall gather and analyze data
on the frequency and sentencing outcomes in non-capital cases
in which an accused requests sentencing by members and to
include this information in the report to the Committees on
Armed Services of the Senate and the House of Representatives
required under this Act.
Number of court-martial members in capital cases (sec. 5183)
The Senate bill contained a provision (sec. 5183) that
would amend section 825a of title 10, United States Code,
(Article 25a, Uniform Code of Military Justice (UCMJ)) to
require a fixed-size panel of twelve members in capital cases.
The House amendment contained an identical provision
(sec. 6403).
The conference agreement includes this provision.
Detailing, qualifications, and other matters relating to military
judges (sec. 5184)
The Senate bill contained a provision (sec. 5184) that
would amend section 826 of title 10, United States Code,
(Article 26, Uniform Code of Military Justice (UCMJ)) to
conform the section to the current practice of detailing a
military judge to every general and special court-martial; to
provide for cross-service detailing of military judges; to
require a chief trial judge in each armed force; and to provide
appropriate criteria for service as a military judge. The
provision would also authorize the President to establish
uniform regulations concerning minimum tour lengths for
military judges with provisions for early reassignment as
necessary.
The House amendment contained a similar provision (sec.
6404).
The House recedes.
Military magistrates (sec. 5185)
The Senate bill contained a provision (sec. 5178) that
would amend chapter 47 of title 10, United States Code, to add
a new section 826a (Article 26a of the Uniform Code of Military
Justice (UCMJ)) to establish the minimum qualifications for
military magistrates, and to provide that military magistrates
may be assigned under service regulations to perform duties
other than those described under Articles 19 and 30a.
The House amendment contained a similar provision.
The House recedes (sec. 6407).
Qualifications of trial counsel and defense counsel (sec. 5186)
The Senate bill contained a provision (sec. 5185) that
would amend section 827 of title 10, United States Code,
(Article 27, Uniform Code of Military Justice (UCMJ)) to
provide that an individual who has served as a preliminary
hearing officer, court member, military judge, military
magistrate, or appellate judge on a case may not later serve as
trial counsel on that case. The provision would require that
all defense counsel detailed to general or special courts-
martial must be qualified under Article 27(b), and all trial
counsel and assistant trial counsel detailed to special courts-
martial, and all assistant trial counsel detailed to general
courts-martial, must be determined to be competent to perform
such duties under regulations prescribed by the President. The
provision would also require, to the greatest extent
practicable, at least one defense counsel detailed for a court-
martial in a case in which the death penalty may be adjudged
shall be learned in the law applicable to capital cases.
The House amendment contained a similar provision (sec.
6405).
The House recedes.
Assembly and impaneling of members and related matters (sec. 5187)
The Senate bill contained a provision (sec. 5186) that
would amend section 829 of title 10, United States Code,
(Article 29, Uniform Code of Military Justice (UCMJ)) to
clarify the function of assembly and impanelment in general and
special courts-martial with members, and the limited situations
in which members may be absent from the court-martial after
assembly; to provide for the impaneling of 12 members in a
capital general court-martial, 8 members in a non-capital
general court-martial, and 4 members in a special court-
martial; to authorize (but not require) the convening authority
to direct the use of alternate members; and to authorize non-
capital general courts-martial to proceed with a minimum of 6
members if one or more members are excused for good cause after
the members have been impaneled. It would further amend Article
29 to clarify that a newly-detailed court-martial member or
military judge may consider the record of previously admitted
evidence through the use of an electronic or other similar
recording.
The House amendment contained a similar provision (sec.
6406).
The House recedes.
Title LVI--Pre-Trial Procedure
Charges and specifications (sec. 5201)
The Senate bill contained a provision (sec. 5201) that
would amend section 830 of title 10, United States Code,
(Article 30, Uniform Code of Military Justice (UCMJ)) to
reorganize the section into three subsections: (a) to provide
the mode of preferring charges and specifications and the oath
requirement; (b) to provide the required statement of the
person who signs the charges; and (c) to prescribe the duty of
a proper authority to notify the accused of the charges and to
dispose of them in the interest of justice and discipline. The
provision would amend Article 30 to clarify the sequence of the
notification and disposition requirements and to require that
both actions take place as soon as practicable.
The House amendment contained an identical provision
(sec. 6501).
The conference agreement includes this provision.
Certain proceedings conducted before referral (sec. 5202)
The Senate bill contained a provision (sec. 5202) that
would amend chapter 47 of title 10, United States Code, to add
a new section 830a (Article 30a of the Uniform Code of Military
Justice (UCMJ)) to provide statutory authority for military
judges or magistrates to provide timely review, prior to
referral of charges, of certain matters currently subject to
judicial review only on a delayed basis at trial.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit the
matters which may be reviewed prior to referral of charges to
pre-referral investigative subpoenas, pre-referral warrants or
orders for electronic communications, and pre-referral matters
referred by an appellate court.
Preliminary hearing required before referral to general court-martial
(sec. 5203)
The Senate bill contained a provision (sec. 5203) that
would amend section 832 of title 10, United States Code,
(Article 32, Uniform Code of Military Justice (UCMJ)) to
require the preliminary hearing officer to provide an analysis
of information that will be useful in fulfilling the statutory
responsibilities of the staff judge advocate, in providing
legal determinations and a disposition recommendation to the
convening authority under Article 34; and to assist the
convening authority, in disposing of the charges and
specifications in the interest of justice and discipline.
The House amendment contained a similar provision (sec.
6502).
The House recedes with an amendment that would include as
a purpose of the preliminary hearing a recommendation as to the
disposition that should be made of the case.
Disposition guidance (sec. 5204)
The Senate bill contained a provision (sec. 5204) that
would amend section 833 of title 10, United States Code,
(Article 33, Uniform Code of Military Justice (UCMJ)) to move
the requirement for prompt forwarding of charges in cases
involving pretrial arrest or confinement from Article 33 to
Article 10. The provision would require the Secretary of
Defense, in consultation with the Secretary of Homeland
Security, to establish non-binding guidance regarding factors
that commanders, convening authorities, staff judge advocates,
and judge advocates may take into account when exercising their
duties with respect to disposition of charges and
specifications in the interest of justice and discipline.
The House amendment contained a similar provision (sec.
6503).
The Senate recedes.
Advice to convening authority before referral for trial (sec. 5205)
The Senate bill contained a provision (sec. 5205) that
would amend section 834 of title 10, United States Code,
(Article 34, Uniform Code of Military Justice (UCMJ)) to
clarify the relationship between the staff judge advocate's
advice under Article 34 and the general standard for
disposition of charges and specifications under Article 30. The
provision would require the convening authority to consult with
a judge advocate before referral of charges to special courts-
martial. The provision would clarify that formal corrections to
the charges and specifications may be made before referral for
trial in special courts-martial as well as in general courts-
martial.
The House amendment contained a similar provision (sec.
6504).
The House recedes.
Service of charges and commencement of trial (sec. 5206)
The Senate bill contained a provision (sec. 5206) that
would amend section 835 of title 10, United States Code,
(Article 35, Uniform Code of Military Justice (UCMJ)) to
conform procedures for service of charges and waiting period
requirements to current practice and other UCMJ articles.
The House amendment contained an identical provision
(sec. 6505).
The conference agreement includes this provision.
Title LVII--Trial Procedure
Duties of assistant defense counsel (sec. 5221)
The Senate bill contained a provision (sec. 5221) that
would amend section 838 of title 10, United States Code,
(Article 38, Uniform Code of Military Justice (UCMJ)) to
require all defense counsel, including assistant defense
counsel, to be qualified under Article 27(b), UCMJ.
The House amendment contained an identical provision
(sec. 6601).
The conference agreement includes this provision.
Sessions (sec. 5222)
The Senate bill contained a provision (sec. 5222) that
would amend section 839 of title 10, United States Code,
(Article 39, Uniform Code of Military Justice (UCMJ)) to
establish uniform requirements for arraignment by a military
judge and to eliminate references to courts-martial without a
military judge, and to conform to the provision under Article
53 to authorize judicial sentencing in all non-capital general
courts-martial and all special courts-martial.
The House amendment contained a similar provision (sec.
6602).
The Senate recedes with an amendment to conform to the
provision under Article 25, UCMJ, as amended in a separate
provision in this Act, that would provide an accused the option
to request sentencing by members.
Technical amendment relating to continuances (sec. 5223)
The Senate bill contained a provision (sec. 5223) that
would amend section 840 of title 10, United States Code,
(Article 40, Uniform Code of Military Justice (UCMJ)) to
eliminate references to courts-martial without a military
judge, and to clarify that the authority to grant continuances
extends to summary courts-martial.
The House amendment contained an identical provision
(sec. 6603).
The conference agreement includes this provision.
Conforming amendments relating to challenges (sec. 5224)
The Senate bill contained a provision (sec. 5224) that
would amend section 841 of title 10, United States Code,
(Article 41, Uniform Code of Military Justice (UCMJ)) to
conform the section with changes proposed to amend Article 16
concerning fixed panel sizes and to eliminate special courts-
martial without a military judge.
The House amendment contained a similar provision (sec.
6604).
The Senate recedes with a technical amendment.
Statute of limitations (sec. 5225)
The Senate bill contained a provision (sec. 5225) that
would amend section 843 of title 10, United States Code,
(Article 43, Uniform Code of Military Justice (UCMJ)) to extend
the statute of limitations applicable to child abuse offenses
from the current 5 years or the life of the child, whichever is
longer, to 10 years or life of the child, whichever is longer.
The provision would extend the statute of limitations for
Article 83 fraudulent enlistment cases from 5 years to: (1) the
length of the enlistment, in the case of enlisted members; (2)
the length of the appointment, in the case of officers; or (3)
5 years, whichever is longer. The provision would extend the
statute of limitations when DNA testing implicates an
identified person in the commission of an offense by excluding
periods prior to the DNA identification in computing the period
of limitations.
The House amendment contained a similar provision (sec.
6605).
The House recedes with a technical amendment.
Former jeopardy (sec. 5226)
The Senate bill contained a provision (sec. 5226) that
would amend section 844 of title 10, United States Code,
(Article 44, Uniform Code of Military Justice (UCMJ)) to more
closely align double jeopardy protections under the UCMJ with
federal civilian practice.
The House amendment contained an identical provision
(sec. 6606).
The conference agreement includes this provision.
Pleas of the accused (sec. 5227)
The Senate bill contained a provision (sec. 5227) that
would amend section 845 of title 10, United States Code,
(Article 45, Uniform Code of Military Justice (UCMJ)) to permit
an accused to plead guilty in capital cases where a sentence of
death is not mandatory. The provision would delete the
reference to a court-martial without a military judge. The
provision would eliminate the need for separate service
regulations authorizing entry of findings upon acceptance of a
guilty plea. The provision would add a new subsection to
provide for harmless error review in guilty plea cases.
The House amendment contained a similar provision (sec.
6607).
The House recedes.
Subpoena and other process (sec. 5228)
The Senate bill contained a provision (sec. 5228) that
would amend section 846 of title 10, United States Code,
(Article 46, Uniform Code of Military Justice (UCMJ)) to
clarify the authority to issue and enforce subpoenas for
witnesses and other evidence, to allow subpoenas duces tecum to
be issued for investigations of offenses under the UCMJ when
authorized by a general court-martial convening authority, and
to authorize military judges to issue warrants and orders for
the production of stored electronic communications under the
Stored Communications Act (sections 2701-2712 of chapter 121,
title 18, United States Code).
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize
a military judge to issue an investigative subpoena before
referral of charges to a court-martial.
Refusal of person not subject to UCMJ to appear, testify, or produce
evidence (sec. 5229)
The Senate bill contained a provision (sec. 5229) that
would amend section 847 of title 10, United States Code,
(Article 47, Uniform Code of Military Justice (UCMJ)) to
provide that a person not subject to the UCMJ who fails to
comply with military subpoenas issued under Article 46, UCMJ,
is guilty of an offense against the United States.
The House amendment contained no similar provision.
The House recedes.
Contempt (sec. 5230)
The Senate bill contained a provision (sec. 5230) that
would amend section 848 of title 10, United States Code,
(Article 48, Uniform Code of Military Justice (UCMJ)) to
authorize the contempt power for military judges and military
magistrates detailed to pre-referral proceedings under the
proposed Article 30a. The provision would also clarify that
judges on the United States Court of Appeals for the Armed
Forces and the service courts of criminal appeals do not have
to be detailed to cases or proceedings in order to exercise the
contempt power under this article. The provision would clarify
that the president (as opposed to the judge) of a court of
inquiry is vested with the contempt power, and would provide
for appellate review of contempt punishments consistent with
the review of other orders and judgments under the UCMJ.
The House amendment contained a similar provision (sec.
6608).
The House recedes with an amendment that would exclude
commissioned officers detailed as a summary court-martial from
the officials authorized to punish a person for contempt.
Depositions (sec. 5231)
The Senate bill contained a provision (sec. 5231) that
would amend section 849 of title 10, United States Code,
(Article 49, Uniform Code of Military Justice (UCMJ)) to
conform the UCMJ with the language and function of Federal Rule
of Criminal Procedure 15(a)(1), and to move the procedural
aspects of Article 49 to Rules for Courts-Martial 702. The
provision would clarify that a convening authority or a
military judge may order depositions only if the requesting
party demonstrates that, due to exceptional circumstances, it
is in the interest of justice that the testimony of a
prospective witness be preserved for use at a court-martial,
military commission, court of inquiry, or other military court
or board. The provision would clarify parties who may request a
deposition, and require that, whenever practicable, depositions
be taken before an impartial judge advocate. The provision
would provide that: (1) representation of the parties with
respect to a deposition shall be by counsel detailed in the
same manner as trial counsel and defense counsel are detailed
under Article 27; and (2) 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 Article 38(b). The
provision would clarify situations in which depositions may be
used in military proceedings with a more direct reference to
the military rules of evidence. The provision would amend the
section to provide that testimony by deposition may be
presented in capital cases only by the defense.
The House amendment contained an identical provision
(sec. 6609).
The conference agreement includes this provision.
Admissibility of sworn testimony by audiotape or videotape from records
of courts of inquiry (sec. 5232)
The Senate bill contained a provision (sec. 5232) that
would amend section 850 of title 10, United States Code,
(Article 50, Uniform Code of Military Justice (UCMJ)) to
authorize sworn testimony from a court of inquiry to be played,
in addition to read, into evidence in courts-martial and
military commissions not established under section 948a, et
seq., of title 10, United States Code, when it is otherwise
admissible under the rules of evidence.
The House amendment contained a similar provision (sec.
6610).
The House recedes.
Conforming amendment relating to defense of lack of mental
responsibility (sec. 5233)
The Senate bill contained a provision (sec. 5233) that
would amend section 850a of title 10, United States Code,
(Article 50a, Uniform Code of Military Justice (UCMJ)) to
delete provisions pertaining to courts-martial without a
military judge.
The House amendment contained an identical provision
(sec. 6611).
The conference agreement includes this provision.
Voting and rulings (sec. 5234)
The Senate bill contained a provision (sec. 5234) that
would amend section 851 of title 10, United States Code,
(Article 51, Uniform Code of Military Justice (UCMJ)) to delete
references pertaining to courts-martial without a military
judge.
The House amendment contained an identical provision
(sec. 6612).
The conference agreement includes this provision.
Votes required for conviction, sentencing, and other matters (sec.
5235)
The Senate bill contained a provision (sec. 5235) that
would amend section 852 of title 10, United States Code,
(Article 52, Uniform Code of Military Justice (UCMJ)) to
require concurrence of at least three-fourths of the members
present, and to require concurrence of at least three-fourths
of the members present on offenses in a case referred for trial
as a capital case where there was not a unanimous finding of
guilty. The provision would eliminate the language concerning
tie votes on challenges, motions, and other questions, which is
applicable only to special courts-martial without a military
judge, and which would no longer be necessary given the
provision in Article 16, UCMJ, that would eliminate these
members-only courts-martial.
The House amendment contained an identical provision
(sec. 6613).
The conference agreement includes this provision.
Findings and sentencing (sec. 5236)
The Senate bill contained a provision (sec. 5236) that
would amend section 853 of title 10, United States Code,
(Article 53, Uniform Code of Military Justice (UCMJ)) to
require sentencing by a military judge in all non-capital
general and special courts-martial. The provision would require
that, in cases where the accused may be sentenced to death, the
members shall participate in the sentence determination.
The House amendment contained no similar provision.
The House recedes with an amendment to conform to the
provision under Article 25, UCMJ, as amended in a separate
provision in this Act, that would provide an accused the option
to request sentencing by members.
Plea agreements (sec. 5237)
The Senate bill contained a provision (sec. 5237) that
would amend chapter 47 of title 10, United States Code to add a
new section 853a (Article 53a, Uniform Code of Military Justice
(UCMJ)) that would authorize: (1) construction and negotiation
of charge and sentence agreements; (2) military judges to
determine whether to accept a proposed plea agreement; and (3)
the operation of sentence agreements with respect to the
military judge's sentencing authority. The new Article 53a
would provide that the military judge shall accept any lawful
sentence agreement submitted by the parties, except that: (1)
in the case of an offense with a sentencing parameter under
Article 56, the military judge may reject the agreement only if
it proposes a sentence that is both outside the sentencing
parameter and plainly unreasonable; and (2) in the case of an
offense without a sentencing parameter, the military judge may
reject the agreement only if it proposes a sentence that is
plainly unreasonable.
The House amendment contained a similar provision (sec.
6614) that did not include the authority for the military judge
to reject a sentencing provision that the military judge
determines is plainly unreasonable.
The Senate recedes.
Record of trial (sec. 5238)
The Senate bill contained a provision (sec. 5238) that
would amend section 854 of title 10, United States Code,
(Article 54, Uniform Code of Military Justice (UCMJ)) to
require certification of the record by a court reporter. The
provision would require a complete record in any general or
special court-martial if the sentence includes death,
dismissal, discharge, or confinement or forfeitures of pay for
more than 6 months. The provision would provide all victims who
testify at a court-martial with access to records of trial.
The House amendment contained a similar provision (sec.
6615).
The House recedes with a technical amendment.
Title LVIII--Sentences
Sentencing (sec. 5301)
The Senate bill contained a provision (sec. 5261) that
would amend section 856 of title 10, United States Code,
(Article 56, Uniform Code of Military Justice (UCMJ)) to
replace the court-martial practice of ``unitary'' sentencing
with ``segmented'' sentencing where, if confinement is adjudged
for guilty findings, the amount of confinement for each guilty
finding would be determined separately. The provision would
also authorize segmented sentencing for fines. The provision
would authorize sentencing parameters and criteria to provide
guidance to military judges in determining an appropriate
sentence and would authorize the United States to appeal a
sentence to the Court of Criminal Appeals. The provision would
incorporate Article 56a, authorizing a sentence of confinement
for life without the eligibility of parole any time a life
sentence is authorized, into Article 56, UCMJ, without
substantive change.
The House amendment contained a similar provision (sec.
6701) that did not include sentencing parameters.
The Senate recedes with an amendment to conform to the
provision under Article 25, UCMJ, as amended in a separate
provision in this Act, that would provide an accused the option
to request sentencing by members. In cases in which the accused
has elected sentencing by members the court-martial will
announce a single sentence for all the offenses for which an
accused was found guilty.
Effective date of sentences (sec. 5302)
The Senate bill contained a provision (sec. 5262) that
would amend section 857 of title 10, United States Code,
(Article 57, Uniform Code of Military Justice (UCMJ)) to
consolidate portions of Article 57 and 57a that govern
deferment of sentences, and portions of Articles 57 and 71 that
govern when sentences become effective into Article 57, as
modified. The provision would make a conforming change to
remove from Article 71 the authority for a convening authority
to suspend a sentence under Article 71(d). The provision would
strike Articles 57a and 71, because the authorities in those
two Articles would be included in Article 57, as modified.
The House amendment contained a similar provision (sec.
6702).
The Senate recedes with a technical amendment.
Sentence of reduction in enlisted grade (sec. 5303)
The Senate bill contained a provision (sec. 5263) that
would amend section 858a of title 10, United States Code,
(Article 58a, Uniform Code of Military Justice (UCMJ)) to
authorize reduction of enlisted members to the grade of E-1
whenever the approved sentence of a court-martial includes a
punitive discharge, confinement, or hard labor without
confinement.
The House amendment contained a similar provision (sec.
6703).
The Senate recedes.
Title LIX--Post-Trial Procedure and Review of Courts-Martial
Post-trial processing in general and special courts-martial (sec. 5321)
The Senate bill contained a provision (sec. 5281) that
would amend section 860 of title 10, United States Code,
(Article 60, Uniform Code of Military Justice (UCMJ)) to
provide for the distribution of the trial results and to
authorize post-trial motions to be filed with the military
judge in general and special courts-martial.
The House amendment contained an identical provision
(sec. 6801).
The conference agreement includes this provision.
Limited authority to act on sentence in specified post-trial
circumstances (sec. 5322)
The Senate bill contained a provision (sec. 5282) that
would amend chapter 47 of title 10, United States Code, to add
a new section 860a (Article 60a, Uniform Code of Military
Justice (UCMJ)) to consolidate current limitations on the
convening authority's post-trial authority in most general and
special courts-martial, subject to a narrowly limited
suspension authority and a revised authority to adjust an
adjudged sentence in cases where an accused provides
substantial assistance in the investigation or prosecution of
another person.
The provision would retain and clarify existing
limitations on the convening authority's post-trial actions in
general and special courts-martial in which: (1) the maximum
sentence of confinement for any offense is more than 2 years;
(2) adjudged confinement exceeds 6 months; (3) the sentence
includes dismissal or discharge; or (4) the accused is found
guilty of designated sex-related offenses. Under current law,
the convening authority in such cases is prohibited from
modifying the findings of the court-martial, or reducing,
commuting, or suspending a punishment of death, confinement of
more than 6 months, or a punitive discharge.
The provision would provide a limited suspension
authority in specified circumstances. For the convening
authority to exercise this authority, the military judge would
be required to make a specific suspension recommendation in the
Statement of Trial Results. The suspension authority would be
limited to punishments of confinement in excess of 6 months and
punitive discharges. The provision would retain, with
clarifying amendments, the key features of current law with
respect to the convening authority's power to reduce the
sentence of an accused who assists in the prosecution or
investigation of another person. As amended, the provision
would authorize the President to prescribe rules providing for
a convening authority to exercise this power after entry of
judgment. This provision would allow for the reduction of a
sentence of an accused who provides substantial assistance in
the prosecution of another person, even well after his own
trial is over and appellate review is complete.
The provision would allow the accused and a victim of the
offense to submit matters to the convening authority for
consideration.
The provision would require the decision of the convening
authority to be forwarded to the military judge. If the
convening authority modified the sentence of the court-martial,
the convening authority would be required to explain the
reasons for the modification. An explanation for the convening
authority's decision would only be required when the convening
authority modifies the sentence. No approval of the findings or
sentence would be required. The decision of the convening
authority would be forwarded to the military judge, who would
incorporate any change in the sentence into the entry of
judgment. In a case where the accused provides substantial
assistance and a designated convening authority reduces the
sentence of the accused after entry of judgment, the convening
authority's action would be forwarded to the chief trial judge,
who would be responsible for ensuring appropriate modification
of the entry of judgment. Because a modification might happen
during or after the completion of appellate review, the
modified entry of judgment would be forwarded to the Judge
Advocate General for appropriate action.
The House amendment contained a similar provision (sec.
6802).
The Senate recedes with a technical amendment.
Post-trial actions in summary courts-martial and certain general and
special courts-martial (sec. 5323)
The Senate bill contained a provision (sec. 5283) that
would amend chapter 47 of title 10, United States Code, to add
a new section 860b (Article 60b of the Uniform Code of Military
Justice (UCMJ)) that would clarify the convening authority's
post-trial authorities and responsibilities with respect to the
findings and sentence of summary courts-martial and a limited
number of general and special courts-martial which, because of
the offenses charged and the sentence adjudged, would not be
covered under Article 60a, UCMJ. Consistent with existing law,
the convening authority in such cases would be authorized to
act on the findings and the sentence, and could order
rehearings, subject to certain limitations. The procedural
requirements under Article 60b, including consideration of
matters submitted by the accused and victim, would be the same
as provided in Article 60a. In summary courts-martial, the
convening authority would be required to act on the sentence,
and would have discretion to act on the findings, as under
current law.
The House amendment contained a similar provision (sec.
6803).
The House recedes.
Entry of judgment (sec. 5324)
The Senate bill contained a provision (sec. 5284) that
would amend chapter 47 of title 10, United States Code, to
create a new section 860c (Article 60c of the Uniform Code of
Military Justice (UCMJ)) that would require the military judge
to enter the judgment of the court-martial into the record in
all general and special courts-martial, and would mark the
conclusion of trial proceedings. The judgment would reflect the
Statement of Trial Results, any action by the convening
authority on the findings or sentence, and any post-trial
rulings by the military judge. The judgment also would indicate
the time when the accused's case becomes eligible for direct
appeal to a service court of criminal appeals under Article 66,
or for review by the Judge Advocate General under Article 65.
This requirement for an entry of judgment is modeled after
Federal Rules of Criminal Procedure 32(k). The findings and
sentence of a summary court-martial, as modified by any post-
trial action by the convening authority under Article 60b,
would constitute the judgment of the court-martial.
The House amendment contained a similar provision (sec.
6804).
The House recedes with a technical amendment.
Waiver of right to appeal and withdrawal of appeal (sec. 5325)
The Senate bill contained a provision (sec. 5285) that
would amend section 861 of title 10, United States Code,
(Article 61, Uniform Code of Military Justice (UCMJ)) to
conform the section with proposed amendments to Articles 60,
65, and 69 concerning post-trial processing.
The House amendment contained a similar provision (sec.
6805).
The Senate recedes.
Appeal by the United States (sec. 5326)
The Senate bill contained a provision (sec. 5386) that
would amend section 862 of title 10, United States Code,
(Article 62, Uniform Code of Military Justice (UCMJ)) to
authorize the government to appeal a decision when, upon
defense motion, the military judge sets aside a panel's finding
of guilty because of legally insufficient evidence, except in
cases where such an appeal would violate Article 44's
prohibitions on double jeopardy. The provision would align the
rule of construction with the similar rule applicable to
interlocutory appeals in federal civilian courts. The provision
would amend Article 62 to conform to the proposed revisions to
the review and appeal provisions under Articles 66 and 69.
The House amendment contained a similar provision (sec.
6806).
The Senate recedes with a technical amendment.
Rehearings (sec. 5327)
The Senate bill contained a provision (sec. 5287) that
would amend section 863 of title 10, United States Code,
(Article 63, Uniform Code of Military Justice (UCMJ)) to remove
the sentence limitation at a rehearing in cases in which an
accused changes a plea from guilty to not guilty, or otherwise
fails to comply with the terms of a pretrial agreement, or
after a sentence is set aside based on a government appeal.
The House amendment contained a similar provision (sec.
6807).
The Senate recedes.
Judge advocate review of finding of guilty in summary court-martial
(sec. 5328)
The Senate bill contained a provision (sec. 5288) that
would amend section 864 of title 10, United States Code,
(Article 64, Uniform Code of Military Justice (UCMJ)) to apply
only to the initial review of summary courts-martial. Article
65, UCMJ, as amended, would provide for review of general and
special courts-martial that do not qualify for direct review by
the service courts of criminal appeals.
The House amendment contained a similar provision (sec.
6808).
The House recedes with a technical amendment.
Transmittal and review of records (sec. 5329)
The Senate bill contained a provision (sec. 5289) that
would amend section 865 of title 10, United States Code,
(Article 65, Uniform Code of Military Justice (UCMJ)) to
require that the record of trial be forwarded to appellate
defense counsel for review whenever the case is eligible for an
appeal under Article 66, and to require a review by the Judge
Advocate General of all general and special court-martial cases
not eligible for direct appeal under Article 66. The provision
would require the Judge Advocate General to forward cases to
the Court of Criminal Appeals for mandatory review if the
judgment includes a sentence of death. The provision would
require a review of all general and special courts-martial
cases that are eligible for an appeal under Article 66, but
where appeal has been waived, withdrawn, or not filed.
The House amendment contained a similar provision (sec.
6809) that did not include requirements regarding cases
eligible for direct appeal.
The Senate recedes with an amendment that would provide
for an automatic appeal in all cases in which the adjudged
sentence includes death, dismissal, dishonorable discharge, or
bad-conduct discharge, or confinement for 2 years or more.
Courts of Criminal Appeals (sec. 5330)
The Senate bill contained a provision (sec. 5290) that
would amend section 866 of title 10, United States Code,
(Article 66, Uniform Code of Military Justice (UCMJ)) to
establish an appeal as of right in non-capital cases under the
UCMJ, similar to the federal civilian appellate courts, and
expand the opportunity for direct review of courts-martial
convictions by the service courts of criminal appeals. The
provision would provide statutory standards for factual
sufficiency review, sentence appropriateness review, and review
of excessive post-trial delay. The provision would provide the
courts of criminal appeals with express authority to order a
hearing, rehearing or remand for further proceedings as may be
necessary to address a substantial issue.
The House amendment contained a similar provision (sec.
6810).
The Senate recedes with a clarifying amendment. The
provision would establish appeal as of right in non-capital
cases in which the sentence adjudged includes a confinement for
more than six months and the case is not subject to automatic
review. The provision would also provide for automatic review
in cases in which the sentence adjudged includes death,
dismissal, a dishonorable or bad-conduct discharge, or
confinement for two years or more. The provision would also
provide for consideration of appeal of a sentence by the United
States.
Review by Court of Appeals for the Armed Forces (sec. 5331)
The Senate bill contained a provision (sec. 5291) that
would amend section 867 of title 10, United States Code,
(Article 67, Uniform Code of Military Justice (UCMJ)) to
conform the section with proposed creation of an ``entry of
judgment'' in Article 60c, UCMJ, and related amendments to
Articles 60 and 66, UCMJ. The provision would require the Judge
Advocate General to notify the other Judge Advocates General
prior to certifying a case for review by the Court of Appeals
for the Armed Forces.
The House amendment contained a similar provision (sec.
6811).
The House recedes with a technical amendment.
Supreme Court review (sec. 5332)
The Senate bill contained a provision (sec. 5292) that
would make a technical amendment to section 867a of title 10,
United States Code, (Article 67a, Uniform Code of Military
Justice (UCMJ)).
The House amendment contained an identical provision
(sec. 6812).
The conference agreement includes this provision.
Review by Judge Advocate General (sec. 5333)
The Senate bill contained a provision (sec. 5293) that
would amend section 869 of title 10, United States Code,
(Article 69, Uniform Code of Military Justice (UCMJ)) to
authorize an accused, after a decision is issued by the Office
of the Judge Advocate General under Article 69, UCMJ, to apply
for discretionary review by the Court of Criminal Appeals under
Article 66, UCMJ. The Judge Advocates General would retain
authority to certify cases for review by the appellate courts.
The House amendment contained a similar provision (sec.
6813).
The Senate recedes with a technical amendment.
Appellate defense counsel in death penalty cases (sec. 5334)
The Senate bill contained a provision (sec. 5294) that
would amend section 870 of title 10, United States Code,
(Article 70, Uniform Code of Military Justice (UCMJ)) to
require, to the greatest extent practicable, that in appeals of
courts-martial in which the death penalty has been adjudged, at
least one appellate defense counsel representing an accused
must be learned in the law applicable to capital cases.
The House amendment contained an identical provision
(sec. 6814).
The conference agreement includes this provision.
Authority for hearing on vacation of suspension of sentence to be
conducted by qualified judge advocate (sec. 5335)
The Senate bill contained a provision (sec. 5295) that
would amend section 872 of title 10, United States Code,
(Article 72, Uniform Code of Military Justice (UCMJ)) to
authorize a special court-martial convening authority to detail
a judge advocate to conduct a hearing on the vacation of a
suspended sentence.
The House amendment contained an identical provision
(sec. 6815).
The conference agreement includes this provision.
Extension of time for petition for new trial (sec. 5336)
The Senate bill contained a provision (sec. 5296) that
would amend section 873 of title 10, United States Code,
(Article 73, Uniform Code of Military Justice (UCMJ)) to extend
the time to file a petition for a new trial from 2 years to 3
years.
The House amendment contained an identical provision
(sec. 6816).
The conference agreement includes this provision.
Restoration (sec. 5337)
The Senate bill contained a provision (sec. 5297) that
would amend section 875 of title 10, United States Code,
(Article 75, Uniform Code of Military Justice (UCMJ)) to
require the President to establish rules governing the
eligibility for pay and allowances during the period after a
court-martial sentence is set aside or disapproved.
The House amendment contained an identical provision
(sec. 6817).
The conference agreement includes this provision.
Leave requirements pending review of certain court-martial convictions
(sec. 5338)
The Senate bill contained a provision (sec. 5298) that
would amend section 876a of title 10, United States Code,
(Article 76a, Uniform Code of Military Justice (UCMJ)) to
conform Article 76a with proposed changes in Article 60 and the
proposed new Article 60c, with no substantive changes. Article
76a currently authorizes the services, at their discretion, to
place an accused on involuntarily leave if the accused has been
sentenced to an unsuspended punitive discharge or dismissal
that has been approved by the convening authority.
The House amendment contained an identical provision
(sec. 6818).
The conference agreement includes this provision.
Title LX--Punitive Articles
Reorganization of punitive articles (sec. 5401)
The Senate bill contained a provision (sec. 5301) that
would transfer and redesignate certain articles of the Uniform
Code of Military Justice within subchapter X of chapter 10 of
title 10, United States Code.
The House amendment contained an identical provision
(sec. 6901).
The conference agreement includes this provision.
Conviction of offense charged, lesser included offenses, and attempts
(sec. 5402)
The Senate bill contained a provision (sec. 5302) that
would amend section 879 of title 10, United States Code,
(Article 79, Uniform Code of Military Justice (UCMJ)) to
authorize the President to designate an authoritative, but non-
exhaustive, list of lesser included offenses for each punitive
article of the UCMJ in addition to judicially-determined lesser
included offenses.
The House amendment contained a similar provision (sec.
6902).
The House recedes.
Soliciting commission of offenses (sec. 5403)
The Senate bill contained a provision (sec. 5303) that
would amend section 882 of title 10, United States Code,
(Article 82, Uniform Code of Military Justice (UCMJ)) to
consolidate the general solicitation offense under Article 134,
the general article, with specific solicitation offenses under
Article 82.
The House amendment contained an identical provision
(sec. 6903).
The conference agreement includes this provision.
Malingering (sec. 5404)
The Senate bill contained a provision (sec. 5304) that
would add a new section 883 to chapter 47 of title 10, United
States Code, (Article 83, Uniform Code of Military Justice
(UCMJ)) to establish the offense of malingering.
The House amendment contained an identical provision
(sec. 6904).
The conference agreement includes this provision.
Breach of medical quarantine (sec. 5405)
The Senate bill contained a provision (sec. 5305) that
would add a new section 884 to chapter 47 of title 10, United
States Code, (Article 84, Uniform Code of Military Justice
(UCMJ)) to establish the offense of breaking a medical
quarantine.
The House amendment contained an identical provision
(sec. 6905).
The conference agreement includes this provision.
Missing movement; jumping from vessel (sec. 5406)
The Senate bill contained a provision (sec. 5306) that
would amend section 887 of title 10, United States Code,
(Article 87, Uniform Code of Military Justice (UCMJ)) to
include the offense of jumping from a vessel into the water.
The House amendment contained an identical provision
(sec. 6906).
The conference agreement includes this provision.
Offenses against correctional custody and restriction (sec. 5407)
The Senate bill contained a provision (sec. 5307) that
would add a new section 887b to chapter 47 of title 10, United
States Code, (Article 87b, Uniform Code of Military Justice
(UCMJ)) to establish the offense of violating various forms of
custody and breaking restriction.
The House amendment contained a similar provision (sec.
6907).
The House recedes.
Disrespect toward superior commissioned officer; assault of superior
commissioned officer (sec. 5408)
The Senate bill contained a provision (sec. 5308) that
would amend section 889 of title 10, United States Code,
(Article 89, Uniform Code of Military Justice (UCMJ)) to
include the offense of assaulting a superior commissioned
officer.
The House amendment contained an identical provision
(sec. 6908).
The conference agreement includes this provision.
Willfully disobeying superior commissioned officer (sec. 5409)
The Senate bill contained a provision (sec. 5309) that
would amend section 890 of title 10, United States Code,
(Article 90, Uniform Code of Military Justice (UCMJ)) to remove
the offense of assaulting a superior commissioned officer,
which will be transferred to Article 89, UCMJ.
The House amendment contained an identical provision
(sec. 6909).
The conference agreement includes this provision.
Prohibited activities with military recruit or trainee by person in
position of special trust (sec. 5410)
The Senate bill contained a provision (sec. 5310) that
would add a new section 893a to title 10, United States Code,
(Article 93a, Uniform Code of Military Justice (UCMJ)) that
would provide specific accountability for sexual misconduct
committed by recruiters and trainers during the various phases
within the recruiting and basic military training environments.
Because of the unique nature of military training and the
initial training environments among the services, the statute
would authorize the service secretaries to publish regulations
designating the types of physical intimacy that would
constitute ``prohibited sexual activity'' under the new
article. Article 93a would apply to military recruiters and
trainers who knowingly engage in prohibited sexual activity
with prospective recruits or junior members of the Armed Forces
in initial training environments. Consent would not be a
defense to this offense. Article 93a would address specific
conduct and would not supersede or preempt service regulations
governing professional conduct by staff involved in recruiting,
entry level training, or other follow-on training programs. The
Secretary concerned may prescribe by regulation any additional
initial career qualification training programs related to
servicemembers that would be covered under this statute.
The House amendment contained a similar provision (sec.
6910).
The Senate recedes.
Offenses by sentinel or lookout (sec. 5411)
The Senate bill contained a provision (sec. 5311) that
would amend section 895 of title 10, United States Code,
(Article 95, Uniform Code of Military Justice (UCMJ)) to
include the offense of loitering by sentinels or lookouts.
The House amendment contained a similar provision (sec.
6911).
The House recedes.
Disrespect toward sentinel or lookout (sec. 5412)
The Senate bill contained a provision (sec. 5312) that
would add a new section 895a to chapter 47 of title 10, United
States Code, (Article 95a, Uniform Code of Military Justice
(UCMJ)) to establish the offense of disrespect toward sentinels
or lookouts.
The House amendment contained a similar provision (sec.
6912).
The House recedes.
Release of prisoner without authority; drinking with prisoner (sec.
5413)
The Senate bill contained a provision (sec. 5313) that
would amend section 896 of title 10, United States Code,
(Article 96, Uniform Code of Military Justice (UCMJ)) to
include the offense of drinking liquor with a prisoner.
The House amendment contained an identical provision
(sec. 6913).
The conference agreement includes this provision.
Penalty for acting as a spy (sec. 5414)
The Senate bill contained a provision (sec. 5314) that
would amend section 903 of title 10, United States Code,
(Article 103, Uniform Code of Military Justice (UCMJ)) to
redesignate Article 106, UCMJ, as Article 103, UCMJ, and
replace the mandatory death penalty currently prescribed with a
discretionary death penalty similar to that authorized under
existing Article 106a, UCMJ, (Espionage) and for all other
capital offenses under the Uniform Code of Military Justice.
The House amendment contained a similar provision (sec.
6914).
The House recedes.
Public records offenses (sec. 5415)
The Senate bill contained a provision (sec. 5315) that
would add a new section 904 to chapter 47 of title 10, United
States Code, (Article 104, Uniform Code of Military Justice
(UCMJ)) to establish the offense of altering, concealing,
removing, mutilating, obliterating, or destroying a public
record.
The House amendment contained a similar provision (sec.
6915).
The House recedes.
False or unauthorized pass offenses (sec. 5416)
The Senate bill contained a provision (sec. 5316) that
would add a new section 905a to chapter 47 of title 10, United
States Code, (Article 105a, Uniform Code of Military Justice
(UCMJ)) to establish false or unauthorized pass offenses.
The House amendment contained a similar provision (sec.
6916).
The House recedes.
Impersonation offenses (sec. 5417)
The Senate bill contained a provision (sec. 5317) that
would add a new section 906 to chapter 47 of title 10, United
States Code, (Article 106, Uniform Code of Military Justice
(UCMJ)) to establish the offense of impersonating a
commissioned, warrant, noncommissioned or petty officer, or an
agent or official, and conform the article to the definition of
``officer'' in section 101(1) of title 10, United States Code.
The House amendment contained a similar provision (sec.
6917).
The House recedes.
Insignia offenses (sec. 5418)
The Senate bill contained a provision (sec. 5318) that
would add a new section 906a to chapter 47 of title 10, United
States Code, (Article 106a, Uniform Code of Military Justice
(UCMJ)) to establish the offense of wearing unauthorized
insignia, decoration, badge, ribbon, device, or lapel button.
The House amendment contained a similar provision (sec.
6918).
The House recedes.
False official statements; false swearing (sec. 5419)
The Senate bill contained a provision (sec. 5319) that
would amend section 907 of title 10, United States Code,
(Article 107, Uniform Code of Military Justice (UCMJ)) to
include the offense of false swearing.
The House amendment contained an identical provision
(sec. 6919).
The conference agreement includes this provision.
Parole violation (sec. 5420)
The Senate bill contained a provision (sec. 5320) that
would add a new section 907a to chapter 47 of title 10, United
States Code, (Article 107a, Uniform Code of Military Justice
(UCMJ)) to establish the offense of violating parole.
The House amendment contained a similar provision (sec.
6920).
The House recedes.
Wrongful taking, opening, etc. of mail matter (sec. 5421)
The Senate bill contained a provision (sec. 5321) that
would add a new section 909a to chapter 47 of title 10, United
States Code, (Article 109a, Uniform Code of Military Justice
(UCMJ)) to establish the offense of wrongfully taking, opening,
secreting, destroying, or stealing mail.
The House amendment contained an identical provision
(sec. 6921).
The conference agreement includes this provision.
Improper hazarding of vessel or aircraft (sec. 5422)
The Senate bill contained a provision (sec. 5322) that
would amend section 910, title 10, United States Code, (Article
110, Uniform Code of Military Justice (UCMJ)) to include the
offense of improper hazarding of an aircraft.
The House amendment contained an identical provision
(sec. 6922).
The conference agreement includes this provision.
Leaving scene of vehicle accident (sec. 5423)
The Senate bill contained a provision (sec. 5323) that
would add a new section 911 to chapter 47 of title 10, United
States Code, (Article 111, Uniform Code of Military Justice
(UCMJ)) to establish the offense of fleeing the scene of an
accident.
The House amendment contained a similar provision (sec.
6923).
The House recedes.
Drunkenness and other incapacitation offenses (sec. 5424)
The Senate bill contained a provision (sec. 5324) that
would amend section 912 of title 10, United States Code,
(Article 112, Uniform Code of Military Justice (UCMJ)) to
include the offense of incapacitation for duty from drunkenness
or drug use and drunk prisoner.
The House amendment contained an identical provision
(sec. 6924).
The conference agreement includes this provision.
Lower blood alcohol content limits for conviction of drunken or
reckless operation of vehicle, aircraft, or vessel (sec. 5425)
The Senate bill contained a provision (sec. 5325) that
would amend section 913 of title 10, United States Code,
(Article 113, Uniform Code of Military Justice (UCMJ)) to lower
the blood alcohol standard for conviction of drunken or
reckless operation of a vehicle, aircraft, or vessel from 0.10
grams to 0.08 grams of alcohol per 100 milliliters of blood,
and to allow service secretaries to prescribe lower levels of
blood alcohol to convict if such lower limits are based on
scientific developments, as reflected in federal law of general
applicability.
The House amendment contained a similar provision (sec.
6925).
The House recedes.
Endangerment offenses (sec. 5426)
The Senate bill contained a provision (sec. 5326) that
would amend section 914 of title 10, United States Code,
(Article 114, Uniform Code of Military Justice (UCMJ)) to
include the offense of reckless endangerment, discharge of
firearm/endangering human life, and carrying of a concealed
weapon.
The House amendment contained an identical provision
(sec. 6926).
The conference agreement includes this provision.
Communicating threats (sec. 5427)
The Senate bill contained a provision (sec. 5327) that
would amend section 915 of title 10, United States Code,
(Article 115, Uniform Code of Military Justice (UCMJ)) to
include the offense of communicating a threat.
The House amendment contained an identical provision
(sec. 6927).
The conference agreement includes this provision.
Technical amendment relating to murder (sec. 5428)
The Senate bill contained a provision (sec. 5328) that
would amend section 918 of title 10, United States Code,
(Article 118, Uniform Code of Military Justice (UCMJ)) to
strike the words ``forcible sodomy'' which has the effect of
clarifying that forcible sodomy is included within the sexual
offenses punishable under Article 120, UCMJ.
The House amendment contained an identical provision
(sec. 6928).
The conference agreement includes this provision.
Child endangerment (sec. 5429)
The Senate bill contained a provision (sec. 5329) that
would add a new section 919b to chapter 47 of title 10, United
States Code, (Article 119b, Uniform Code of Military Justice
(UCMJ)) to establish the offense of child endangerment.
The House amendment contained an identical provision
(sec. 6929).
The conference agreement includes this provision.
Rape and sexual assault offenses (sec. 5430)
The Senate bill contained a provision (sec. 5330) that
would amend section 920 of title 10, United States Code,
(Article 120, Uniform Code of Military Justice (UCMJ)) to amend
the definition of ``sexual act'' in both Article 120 (rape and
sexual assault generally) and Article 120b (rape and sexual
assault of a child) to conform to the definition of that term
in federal criminal law in the civilian sector, under section
2246(2)(A)-(C) of title 18, United States Code.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
element of committing a sexual act upon another person by
wrongfully using position, rank, or authority to coerce the
acquiescence of the other person in the sexual act. The
conferees note that this conduct is prohibited in section 893a
of title 10, United States Code, (Article 93a, UCMJ), added
elsewhere in this Act.
Deposit of obscene matter in the mail (sec. 5431)
The Senate bill contained a provision (sec. 5331) that
would add a new section 920a to chapter 47 of title 10, United
States Code, (Article 120a, Uniform Code of Military Justice
(UCMJ)) to establish the offense of depositing, or causing to
be deposited, obscene materials in the mails.
The House amendment contained an identical provision
(sec. 6930).
The conference agreement includes this provision.
Fraudulent use of credit cards, debit cards, and other access devices
(sec. 5432)
The Senate bill contained a provision (sec. 5332) that
would add a new section 921a to chapter 47 of title 10, United
States Code, (Article 121a, Uniform Code of Military Justice
(UCMJ)) to establish the offense of misuse of credit cards,
debit cards, and other electronic payment technology, also
known as ``access devices.''
The House amendment contained a similar provision (sec.
6931).
The House recedes.
False pretenses to obtain services (sec. 5433)
The Senate bill contained a provision (sec. 5333) that
would add a new section 921b to chapter 47 of title 10, United
States Code, (Article 121b, Uniform Code of Military Justice
(UCMJ)) to establish the offense of obtaining services under
false pretenses.
The House amendment contained a similar provision (sec.
6932).
The House recedes.
Robbery (sec. 5434)
The Senate bill contained a provision (sec. 5334) that
would amend section 922 of title 10, United States Code,
(Article 122, Uniform Code of Military Justice (UCMJ)) by
removing the words ``with the intent to steal'' from the
section, eliminating the requirement to prove that the accused
intended to permanently deprive the victim of his property.
The House amendment contained an identical provision
(sec. 6933).
The conference agreement includes this provision.
Receiving stolen property (sec. 5435)
The Senate bill contained a provision (sec. 5335) that
would add a new section 922a to chapter 47 of title 10, United
States Code, (Article 122a, Uniform Code of Military Justice
(UCMJ)) to establish the offense of knowingly receiving,
buying, or concealing stolen property.
The House amendment contained a similar provision (sec.
6934).
The House recedes.
Offenses concerning Government computers (sec. 5436)
The Senate bill contained a provision (sec. 5336) that
would add a new section 923 to chapter 47 of title 10, United
States Code, (Article 123, Uniform Code of Military Justice
(UCMJ)) to prohibit certain actions directed at U.S. Government
computers and U.S. Government protected information.
The House amendment contained a similar provision (sec.
6935).
The House recedes with a technical amendment.
Bribery (sec. 5437)
The Senate bill contained a provision (sec. 5337) that
would add a new section 924a to chapter 47 of title 10, United
States Code, (Article 124a, Uniform Code of Military Justice
(UCMJ)) to establish the offense of bribery.
The House amendment contained a similar provision (sec.
6936).
The House recedes.
Graft (sec. 5438)
The Senate bill contained a provision (sec. 5338) that
would add a new section 924b to chapter 47 of title 10, United
States Code, (Article 124b, Uniform Code of Military Justice
(UCMJ)) to establish the offense of graft.
The House amendment contained a similar provision (sec.
6937).
The House recedes.
Kidnapping (sec. 5439)
The Senate bill contained a provision (sec. 5339) that
would add a new section 925 to chapter 47 of title 10, United
States Code, (Article 125, Uniform Code of Military Justice
(UCMJ)) to establish the offense of kidnapping.
The House amendment contained an identical provision
(sec. 6938).
The conference agreement includes this provision.
Arson; burning property with intent to defraud (sec. 5440)
The Senate bill contained a provision (sec. 5340) that
would amend section 926 of title 10, United States Code,
(Article 126, Uniform Code of Military Justice (UCMJ)) to
include the offense of burning with intent to defraud.
The House amendment contained an identical provision
(sec. 6939).
The conference agreement includes this provision.
Assault (sec. 5441)
The Senate bill contained a provision (sec. 5341) that
would amend section 928 of title 10, United States Code,
(Article 128, Uniform Code of Military Justice (UCMJ)) to
prescribe a standard that focuses on the malicious intent of
the accused rather than the ``likelihood'' of the activity
actually resulting in harm. The provision would also amend this
section to include the offense of assault with intent to commit
murder, voluntary manslaughter, rape, robbery, sodomy, arson,
burglary, or housebreaking.
The House amendment contained an identical provision
(sec. 6940).
The conference agreement includes this provision.
Burglary and unlawful entry (sec. 5442)
The Senate bill contained a provision (sec. 5342) that
would amend section 929 of title 10, United States Code,
(Article 129, Uniform Code of Military Justice (UCMJ)) that
would remove the ``private dwelling'' and ``nighttime''
elements of the offense, and to establish the offense of
unlawful entry.
The House amendment contained a similar provision (sec.
6941).
The House recedes.
Stalking (sec. 5443)
The Senate bill contained a provision (sec. 5343) that
would amend section 930 of title 10, United States Code,
(Article 130, Uniform Code of Military Justice (UCMJ)) to
establish the offenses of cyberstalking and threats to intimate
partners. The provision would continue to address stalking
activity involving a broad range of misconduct including, but
not limited to, sex-related offenses. The redesignated stalking
offense would not preempt service regulations that specify
additional types of misconduct that may be punishable at court-
martial, including under Article 92 (failure to obey order or
regulation), nor would it preempt other forms of misconduct
from being prosecuted under other appropriate Articles, such as
under Article 134, the general article. These uniquely military
offenses are available to address similar misconduct that
causes, for example, substantial emotional distress or targets
professional reputation.
The House amendment contained a similar provision (sec.
6942).
The House recedes with a technical amendment.
Subornation of perjury (sec. 5444)
The Senate bill contained a provision (sec. 5344) that
would add a new section 931a to chapter 47 of title 10, United
States Code, (Article 131a, Uniform Code of Military Justice
(UCMJ)) to establish the offense of subornation of perjury.
The House amendment contained an identical provision
(sec. 6943).
The conference agreement includes this provision.
Obstructing justice (sec. 5445)
The Senate bill contained a provision (sec. 5345) that
would add a new section 931b to chapter 47 of title 10, United
States Code, (Article 131b, Uniform Code of Military Justice
(UCMJ)) to establish the offense of obstructing justice.
The House amendment contained a similar provision (sec.
6944).
The House recedes.
Misprision of serious offense (sec. 5446)
The Senate bill contained a provision (sec. 5346) that
would add a new section 931c to chapter 47 of title 10, United
States Code, (Article 131c, Uniform Code of Military Justice
(UCMJ)) to establish the offense of misprision of serious
offense.
The House amendment contained a similar provision (sec.
6945).
The House recedes.
Wrongful refusal to testify (sec. 5447)
The Senate bill contained a provision (sec. 5347) that
would add a new section 931d to chapter 47 of title 10, United
States Code, (Article 131d, Uniform Code of Military Justice
(UCMJ)) to establish the offense of wrongful refusal to
testify.
The House amendment contained a similar provision (sec.
6946).
The House recedes with a technical amendment.
Prevention of authorized seizure of property (sec. 5448)
The Senate bill contained a provision (sec. 5348) that
would add a new section 931e to chapter 47 of title 10, United
States Code, (Article 131e, Uniform Code of Military Justice
(UCMJ)) to establish the offense of prevention of authorized
seizure of property.
The House amendment contained a similar provision (sec.
6947).
The House recedes.
Wrongful interference with adverse administrative proceeding (sec.
5449)
The Senate bill contained a provision (sec. 5349) that
would add a new section 931g to chapter 47 of title 10, United
States Code, (Article 131g, Uniform Code of Military Justice
(UCMJ)) to establish the offense of wrongful interference with
adverse administrative proceeding. The proceedings covered by
this offense would include any administrative proceeding or
action initiated against a servicemember that could lead to
discharge, loss of special or incentive pay, administrative
reduction in grade, loss of a security clearance, bar to
reenlistment, or reclassification.
The House amendment contained a similar provision (sec.
6948).
The House recedes.
Retaliation (sec. 5450)
The Senate bill contained a provision (sec. 5350) that
would add a new section 932 to chapter 47 of title 10, United
States Code, (Article 132, Uniform Code of Military Justice
(UCMJ)) that would prohibit retaliation against witnesses,
victims, or persons who report or plan to report a criminal
offense to law enforcement or military authority or a protected
communication to appropriate authority. Article 132 would not
preempt service regulations that specify additional types of
retaliatory conduct that may be punishable at court-martial
under Article 92 (failure to obey order or regulation), nor
would it preempt other forms of retaliatory conduct from being
prosecuted under other appropriate Articles, such as Article
109 (destruction of property), Article 93 (cruelty and
maltreatment), Article 128 (Assault), Article 131b (obstructing
justice), Article 130 (stalking), or Article 134, the General
article.
The House amendment contained a similar provision (sec.
6949).
The House recedes.
Extraterritorial application of certain offenses (sec. 5451)
The Senate bill contained a provision (sec. 5351) that
would amend section 934 of title 10, United States Code,
(Article 134, Uniform Code of Military Justice (UCMJ)) to
authorize prosecution under clause 3 of Article 134, UCMJ, of
all non-capital federal crimes of general applicability,
regardless of where the federal crime is committed. This change
would make military practice uniform throughout the world and
would align it with the Military Extraterritorial Jurisdiction
Act, section 3261 of title 18, United States Code.
The House amendment contained an identical provision
(sec. 6950).
The conference agreement includes this provision.
Table of sections (sec. 5452)
The Senate bill contained a provision (sec. 5352) that
would amend the table of sections at the beginning of
subchapter X of chapter 47 of title 10, United States Code.
The House amendment contained a similar provision (sec.
6951).
The House recedes.
Title LXI--Miscellaneous Provisions
Technical amendments relating to courts of inquiry (sec. 5501)
The Senate bill contained a provision (sec. 5401) that
would amend section 935 of title 10, United States Code,
(Article 135, Uniform Code of Military Justice (UCMJ)) to
provide individuals employed by the Department of Homeland
Security, the department under which the Coast Guard operates,
the right to be designated as parties in interest when they
have a direct interest in the subject of a court of inquiry
convened under Article 135. This change would align the rights
of employees of the Department of Homeland Security with the
rights of employees of the Department of Defense, ensuring
consistent application of this statute for all military
services.
The House amendment contained a similar provision (sec.
7001).
The Senate recedes.
Technical amendment to Article 136 (sec. 5502)
The Senate bill contained a provision (sec. 5402) that
would amend section 936 of title 10, United States Code,
(Article 136, Uniform Code of Military Justice (UCMJ)) to
remove, from the section heading, the authority to act as a
notary which is not provided for in the text of the section.
The House amendment contained a similar provision (sec.
7002).
The Senate recedes.
Articles of Uniform Code of Military Justice to be explained to
officers upon commissioning (sec. 5503)
The Senate bill contained a provision (sec. 5403) that
would amend section 937 of title 10, United States Code,
(Article 137, Uniform Code of Military Justice (UCMJ)) to
require that officers, in addition to enlisted personnel,
receive training on the UCMJ upon entry to service, and
periodically thereafter. The amendment would require specific
military justice training for military commanders and convening
authorities, and would require the Secretary of Defense to
prescribe regulations for additional specialized training on
the UCMJ for combatant commanders and commanders of combined
commands. The provision would also require the Secretary of
Defense to maintain an electronic version of the UCMJ and the
Manual for Courts-Martial that would be updated periodically
and made available on the Internet for review by servicemembers
and the public.
The House amendment contained a similar provision (sec.
7003).
The House recedes.
Military justice case management; data collection and accessibility
(sec. 5504)
The Senate bill contained a provision (sec. 5404) that
would add a new section 940a to title 10, United States Code,
(Article 140a, Uniform Code of Military Justice (UCMJ)) that
would require the Secretary of Defense to prescribe uniform
standards and criteria for case processing and management,
military justice data collection, production and distribution
of records of trial, and access to case information. The
purpose of this section is to enhance the management of
military justice cases, to standardize the collection of data
necessary for evaluation and analysis, and to provide
appropriate public access to military justice information at
all stages of court-martial proceedings. At a minimum, the
system developed for implementation should permit timely and
appropriate access to filings, objections, instructions, and
judicial rulings at the trial and appellate level, and to
actions at trial and in subsequent proceedings concerning the
findings and sentences of courts-martial.
The provision would require promulgation of standards by
the Secretary of Defense not later than 2 years after enactment
of this Act, with an effective date for such standards not
later than 4 years after enactment.
The House amendment contained a similar provision (sec.
7004).
The Senate recedes with a technical amendment.
Title LXII--Military Justice Review Panel and Annual Reports
Military Justice Review Panel (sec. 5521)
The Senate bill contained a provision (sec. 5421) that
would amend section 946 of title 10, United States Code,
(Article 146, Uniform Code of Military Justice (UCMJ)) and
retitle the section as ``Military Justice Review Panel.'' The
Military Justice Review Panel (Panel) would replace the Code
Committee and would be an independent, blue ribbon panel of
experts tasked to conduct a periodic review and assessment of
the operation of the UCMJ on a regular basis, thereby enhancing
the efficiency and effectiveness of the UCMJ and the Code's
implementing regulations.
The House amendment contained a similar provision (sec.
7101).
The House recedes with an amendment that would require
the Panel to gather and analyze sentencing data and submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives not later than October 31, 2020,
setting forth the Panel's findings and recommendations on the
need for sentencing reform.
Annual reports (sec. 5522)
The Senate bill contained a provision (sec. 5422) that
would add a new section 946a to title 10, United States Code,
(Article 146a, Uniform Code of Military Justice (UCMJ)) that
would retain the valuable informational aspects of the annual
reports issued individually by the Court of Appeals for the
Armed Forces, the Judge Advocates General, and the Staff Judge
Advocate to the Commandant of the Marine Corps.
The House amendment contained a similar provision (sec.
7102).
The House recedes with a technical amendment.
Title LXIII--Conforming Amendments and Effective Dates
Amendments to UCMJ subchapter tables of sections (sec. 5541)
The Senate bill contained a provision (sec. 5441) that
would make conforming amendments to the tables of sections for
specified subchapters of chapter 47 of title 10, United Stated
Code (the Uniform Code of Military Justice).
The House amendment contained a similar provision (sec.
7201).
The House recedes with a technical amendment.
Effective dates (sec. 5542)
The Senate bill contained a provision (sec. 5442) that
would require that the amendments made by this title shall take
effect not later than the first day of the first calendar month
that begins 2 years after the date of enactment of this Act.
The House amendment contained a similar provision (sec.
7202).
The House recedes.
Legislative Provisions Not Adopted
Repeal of sentence reduction provision when interim guidance takes
effect
The Senate bill contained a provision (sec. 5264) that
would sunset section 856a of title 10, United States Code,
(Article 56a, Uniform Code of Military Justice (UCMJ)) after
sentencing parameters and criteria were established under
Article 56.
The House amendment contained no similar provision.
The Senate recedes.
The conference agreement does not include a provision
requiring interim guidance on sentencing parameters and
criteria.
Minimum confinement period required for conviction of certain sex-
related offenses committed by members of the Armed Forces
The House amendment contained a provision (sec. 6701A)
that would amend section 856 of title 10, United States Code
(Article 56, Uniform Code of Military Justice), to increase the
minimum punishment for certain sex-related offenses from a
dismissal or dishonorable discharge, to a dismissal or
dishonorable discharge and confinement for two years.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the military justice reforms
included in this Act will retain the existing minimum sentences
under Article 56.
From the Committee on Armed Services, for
consideration of the Senate bill and the House
amendment, and modifications committed to
conference:
Mac Thornberry,
J. Randy Forbes,
Jeff Miller of Florida,
Joe Wilson of South Carolina,
Frank A. LoBiondo,
Michael R. Turner,
John Kline,
Mike Rogers of Alabama,
Trent Franks of Arizona,
K. Michael Conaway,
Doug Lamborn,
Robert J. Wittman,
Christopher P. Gibson,
Vicky Hartzler,
Joseph J. Heck of Nevada,
Elise M. Stefanik,
Adam Smith of Washington,
Loretta Sanchez,
Susan A. Davis of California,
James R. Langevin,
Rick Larsen of Washington,
Jim Cooper,
Madeleine Z. Bordallo,
Joe Courtney,
Niki Tsongas,
John Garamendi,
Henry C. ``Hank'' Johnson, Jr.,
Jackie Speier,
Scott H. Peters,
From the Permanent Select Committee on
Intelligence, for consideration of matters
within the jurisdiction of that committee under
clause 11 of rule X:
Devin Nunes,
Mike Pompeo,
From the Committee on Education and the
Workforce, for consideration of secs. 571-74
and 578 of the Senate bill, and secs. 571, 573,
1098E, and 3512 of the House amendment, and
modifications committee to conference:
Tim Walberg,
Brett Guthrie,
Robert C. ``Bobby'' Scott,
From the Committee on Energy and Commerce, for
consideration of secs. 3112 and 3123 of the
Senate bill, and secs. 346, 601, 749, 1045,
1090, 1095, 1673, 3119A and 3119C of the House
amendment, and modifications committee to
conference:
Robert E. Latta,
Bill Johnson of Ohio,
From the Committee on Foreign Affairs, for
consideration of secs. 828, 1006, 1007, 1050,
1056, 1089, 1204, 1211, 1221-23, 1231, 1232,
1242, 1243, 1247, 1252, 1253, 1255-58, 1260,
1263, 1264, 1271-73, 1276, 1283, 1301, 1302,
1531-33, and 1662 of the Senate bill, and secs
926, 1011, 1013, 1083, 1084, 1098K, 1099B,
1099C, 1201, 1203, 1214, 1221-23, 1227, 1229,
1233, 1235, 1236, 1245, 1246, 1250, 1259A-59E,
1259J, 1259L, 1259P, 1259Q, 1259U, 1261, 1262,
1301-03, 1510, 1531-33, 1645, 1653, and 2804 of
the House amendment, and modifications
committed to conference:
Edward R. Royce,
Lee M. Zeldin,
From the Committee on Homeland Security, for
consideration of secs. 564 and 1091 of the
Senate bill, and secs. 1097, 1869, 1869A, and
3510 of the House amendment, and modifications
committee to conference:
Michael T. McCaul,
Daniel M. Donovan, Jr.,
Bennie G. Thompson,
From the Committee on the Judiciary, for
consideration of secs. 829J, 829K, 944, 963,
1006, 1023-25, 1053, 1093, 1283, 3303, and 3304
of the Senate bill, and secs. 598, 1090, 1098H,
1216, 1261, and 3608 of the House amendment,
and modifications committee to conference:
Bob Goodlatte,
Darrell E. Issa,
From the Committee on Natural Resources, for
consideration of secs. 601, 2825, subtitle D of
title XXVIII, and sec. 2852 of the Senate bill,
and secs. 312, 601, 1090, 1098H, 2837, 2839,
2839A, subtitle E of title XXVIII, secs. 2852,
2854, 2855, 2864-66, title XXX, secs. 3508,
7005, and title LXXIII of the House amendment,
and modifications committee to conference:
Paul Cook,
Cresent Hardy,
From the Committee on Oversight and Government
Reform, for consideration of secs. 339, 703,
819, 821, 829H, 829I, 861, 944, 1048, 1054,
1097, 1103-07, 1109-13, 1121, 1124, 1131-33,
1135, and 1136 of the Senate bill, and secs.
574, 603, 807, 821, 1048, 1088, 1095, 1098L,
1101, 1102, 1104-06, 1108-11, 1113, 1259C, and
1631 of the House amendment, and modifications
committee to conference:
Jason Chaffetz,
Steve Russell,
From the Committee on Science, Space, and
Technology, for consideration of sec. 874 of
the Senate bill and secs. 1605, 1673, and title
XXXIII of the House amendment, and
modifications committed to conference:
Eddie Bernice Johnson of Texas,
From the Committee on Small Business, for
consideration of secs. 818, 838, 874, and 898
of the Senate bill, and title XVIII of the
House amendment, and modifications committed to
conference:
Steve Chabot,
Stephen Knight,
From the Committee on Transportation and
Infrastructure, for consideration of secs. 541,
562, 601, 961, 3302-07, 3501, and 3502 of the
Senate bill, and secs. 343, 601, 731, 835,
1043, 1671, 3119C, 3501, 3504, 3509, 3512, and
title XXXVI of the House amendment, and
modifications committed to conference:
Duncan Hunter,
David Rouzer,
Sean Patrick Maloney of New York,
From the Committee on Veterans' Affairs, for
consideration of secs. 706, 755, and 1431 of
the Senate bill, and secs. 741, 1421, and 1864
of the House amendment, and modifications
committed to conference:
David P. Roe of Tennessee,
Mike Bost,
From the Committee on Ways and Means, for
consideration of sec. 1271 of the Senate bill,
and modifications committed to conference:
Kevin Brady of Texas,
David G. Reichert,
Managers on the Part of the House.
John McCain,
James M. Inhofe,
Jeff Sessions,
Roger F. Wicker,
Kelly Ayotte,
Deb Fischer,
Tom Cotton,
Mike Rounds,
Joni Ernst,
Thom Tillis,
Dan Sullivan,
Lindsey Graham,
Ted Cruz,
Jack Reed,
Bill Nelson,
Claire McCaskill,
Joe Manchin III,
Jeanne Shaheen,
Richard Blumenthal,
Joe Donnelly,
Mazie K. Hirono,
Tim Kaine,
Angus S. King, Jr.,
Martin Heinrich,
Managers on the Part of the Senate.
[all]