[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2943 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
July 7, 2016.
Resolved, That the bill from the Senate (S. 2943) entitled ``An Act
to authorize appropriations for fiscal year 2017 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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--Military Justice.
(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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for AH-64E Apache
helicopters.
Sec. 112. Multiyear procurement authority for UH-60M and HH-60M Black
Hawk helicopters.
Sec. 113. Assessment of certain capabilities of the Department of the
Army.
Sec. 114. Funding for surface-to-air missile system.
Subtitle C--Navy Programs
Sec. 121. Procurement authority for aircraft carrier programs.
Sec. 122. Sense of Congress on aircraft carrier procurement schedules.
Sec. 123. Design and construction of LHA replacement ship designated
LHA 8.
Sec. 124. Design and construction of replacement dock landing ship
designated LX(R) or amphibious transport
dock designated LPD-29.
Sec. 125. Ship to shore connector program.
Sec. 126. Limitation on availability of funds for Littoral Combat Ship
or successor frigate.
Sec. 127. Report on P-8 Poseidon aircraft.
Subtitle D--Air Force Programs
Sec. 131. Elimination of annual report on aircraft inventory.
Sec. 132. Repeal of requirement to preserve certain retired C-5
aircraft.
Sec. 133. Repeal of requirement to preserve certain retired F-117
aircraft.
Sec. 134. Prohibition on availability of funds for retirement of A-10
aircraft.
Sec. 135. Prohibition on availability of funds for retirement of Joint
Surveillance Target Attack Radar System
aircraft.
Sec. 136. Report on cost of B-21 aircraft.
Sec. 137. Prohibition on availability of funds for retirement of U-2
aircraft.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Termination of quarterly reporting on use of combat mission
requirements funds.
Sec. 142. Fire suppressant and fuel containment standards for certain
vehicles.
Sec. 143. Report on Department of Defense munitions strategy for the
combatant commands.
Sec. 144. Comptroller General review of F-35 Lightning II aircraft
sustainment support.
Sec. 145. Briefing on acquisition strategy for Ground Mobility Vehicle.
Sec. 146. Standardization of 5.56mm rifle ammunition.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Laboratory quality enhancement program.
Sec. 212. Mechanisms to provide funds for defense laboratories for
research and development of technologies
for military missions.
Sec. 213. Notification requirement for certain rapid prototyping,
experimentation, and demonstration
activities.
Sec. 214. Improved biosafety for handling of select agents and toxins.
Sec. 215. Modernization of security clearance information technology
architecture.
Sec. 216. Prohibition on availability of funds for countering weapons
of mass destruction system Constellation.
Sec. 217. Limitation on availability of funds for Defense Innovation
Unit Experimental.
Sec. 218. Limitation on availability of funds for Tactical Combat
Training System Increment II.
Sec. 219. Restructuring of the distributed common ground system of the
Army.
Sec. 220. Designation of Department of Defense senior official with
principal responsibility for directed
energy weapons.
Subtitle C--Reports and Other Matters
Sec. 231. Strategy for assured access to trusted microelectronics.
Sec. 232. Pilot program on evaluation of commercial information
technology.
Sec. 233. Pilot program for the enhancement of the laboratories and
test and evaluation centers of the
Department of Defense.
Sec. 234. Pilot program on modernization of electromagnetic spectrum
warfare systems and electronic warfare
systems.
Sec. 235. Independent review of F/A-18 physiological episodes and
corrective actions.
Sec. 236. Study on helicopter crash prevention and mitigation
technology.
Sec. 237. Report on electronic warfare capabilities.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Sec. 302. Increase in funding for civil military programs.
Subtitle B--Energy and Environment
Sec. 311. Rule of construction regarding alternative fuel procurement
requirement.
Sec. 312. Production and use of natural gas at Fort Knox.
Sec. 313. Alternative technologies for munitions disposal.
Sec. 314. Sense of Congress.
Sec. 315. Prohibition on carrying out certain authorities relating to
climate change.
Subtitle C--Logistics and Sustainment
Sec. 321. Pilot program for inclusion of certain industrial plants in
the Armament Retooling and Manufacturing
Support Initiative.
Sec. 322. Private sector port loading assessment.
Sec. 323. Limitation on availability of funds for Defense Contract
Management Agency.
Subtitle D--Reports
Sec. 331. Modification of annual Department of Defense energy
management reports.
Sec. 332. Report on equipment purchased from foreign entities and
authority to adjust Army arsenal labor
rates.
Sec. 333. Report on average travel costs of members of the reserve
components.
Subtitle E--Other Matters
Sec. 341. Explosive Ordnance Disposal Corps.
Sec. 342. Explosive ordnance disposal program.
Sec. 343. Expansion of definition of structures interfering with air
commerce and national defense.
Sec. 344. Development of personal protective equipment for female
Marines and soldiers.
Sec. 345. Study on space-available travel system of the Department of
Defense.
Sec. 346. Supply of specialty motors from certain manufacturers.
Sec. 347. Limitation on use of certain funds until establishment and
implementation of required process by which
members of the Armed Forces may carry
appropriate firearms on military
installations.
Sec. 348. Motor carrier safety performance and safety technology.
Sec. 349. Briefing on well-drilling capabilities of active duty and
reserve components.
Sec. 350. Access to wireless high-speed Internet and network
connections for certain members of the
Armed Forces deployed overseas.
Sec. 351. System for communicating availability of surplus ammunition.
Sec. 352. Increase in funding for National Guard counter-drug programs.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2017 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 416. Sense of Congress on full-time support for the Army National
Guard.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Number of Marine Corps general officers.
Sec. 502. Equal consideration of officers for early retirement or
discharge.
Sec. 503. Modification of authority to drop from rolls a commissioned
officer.
Subtitle B--Reserve Component Management
Sec. 511. Extension of removal of restrictions on the transfer of
officers between the active and inactive
National Guard.
Sec. 512. Extension of temporary authority to use Air Force reserve
component personnel to provide training and
instruction regarding pilot training.
Sec. 513. Limitations on ordering Selected Reserve to active duty for
preplanned missions in support of the
combatant commands.
Sec. 514. Exemption of military technicians (dual status) from civilian
employee furloughs.
Sec. 515. Electronic tracking of operational active-duty service
performed by members of the Ready Reserve
of the Armed Forces.
Subtitle C--General Service Authorities
Sec. 521. Technical correction to annual authorization for personnel
strengths.
Sec. 522. Entitlement to leave for adoption of child by dual military
couples.
Sec. 523. Revision of deployability rating system and planning reform.
Sec. 524. Expansion of authority to execute certain military
instruments.
Sec. 525. Technical correction to voluntary separation pay and
benefits.
Sec. 526. Annual notice to members of the Armed Forces regarding child
custody protections guaranteed by the
Servicemembers Civil Relief Act.
Sec. 527. Pilot program on consolidated Army recruiting.
Sec. 528. Report on purpose and utility of registration system under
Military Selective Service Act.
Sec. 529. Parental leave for members of the Armed Forces.
Subtitle D--Military Justice, Including Sexual Assault and Domestic
Violence Prevention and Response
Sec. 541. Expedited reporting of child abuse and neglect to State Child
Protective Services.
Sec. 542. Extension of the requirement for annual report regarding
sexual assaults and coordination with
release of family advocacy report.
Sec. 543. Requirement for annual family advocacy program report
regarding child abuse and domestic
violence.
Sec. 544. Improved Department of Defense prevention of and response to
hazing in the Armed Forces.
Sec. 545. Burdens of proof applicable to investigations and reviews
related to protected communications of
members of the Armed Forces and prohibited
retaliatory actions.
Sec. 546. Improved investigation of allegations of professional
retaliation.
Sec. 547. Career military justice litigation track for judge advocates.
Subtitle E--Member Education, Training, and Transition
Sec. 561. Revision to quality assurance of certification programs and
standards.
Sec. 562. Establishment of ROTC cyber institutes at senior military
colleges.
Sec. 563. Military-to-mariner transition.
Sec. 564. Employment authority for civilian faculty at certain military
department schools.
Sec. 565. Revision of name on military service record to reflect change
in name of a member of the Army, Navy, Air
Force, or Marine Corps, after separation
from the Armed Forces.
Sec. 566. Direct employment pilot program for members of the National
Guard and Reserve.
Sec. 567. Prohibition on establishment, maintenance, or support of
Senior Reserve Officers' Training Corps
units at educational institutions that
display Confederate battle flag.
Sec. 568. Report on composition of service academies.
Sec. 569. Inclusion of alcohol, prescription drug, opioid, and other
substance abuse counseling as part of
required preseparation counseling.
Sec. 569A. Inclusion of information in Transition Assistance Program.
Sec. 569B. Report and guidance regarding Job Training, Employment
Skills Training, Apprenticeships, and
Internships and SkillBridge initiatives for
members of the Armed Forces who are being
separated.
Sec. 569C. Congressional notification in advance of appointments to
service academies.
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
Sec. 571. Continuation of authority to assist local educational
agencies that benefit dependents of members
of the Armed Forces and Department of
Defense civilian employees.
Sec. 572. Support for programs providing camp experience for children
of military families.
Sec. 573. Impact Aid.
Sec. 574. Elimination of two-year eligibility limitation for
noncompetitive appointment of spouses of
members of the Armed Forces.
Subtitle G--Decorations and Awards
Sec. 581. Review regarding award of Medal of Honor to certain Asian
American and Native American Pacific
Islander war veterans.
Sec. 582. Authorization for award of medals for acts of valor.
Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose
for acts of valor during the Vietnam War.
Sec. 584. Authorization for award of the Medal of Honor to Charles S.
Kettles for acts of valor during the
Vietnam War.
Sec. 585. Authorization for award of Distinguished-Service Cross to
First Lieutenant Melvin M. Spruiell for
acts of valor during World War II.
Subtitle H--Miscellaneous Reports and Other Matters
Sec. 591. Burial of cremated remains in Arlington National Cemetery of
certain persons whose service is deemed to
be active service.
Sec. 592. Representation from members of the Armed Forces on boards,
councils, and committees making
recommendations relating to military
personnel issues.
Sec. 593. Body mass index test.
Sec. 594. Preseparation counseling regarding options for donating brain
tissue at time of death for research.
Sec. 595. Recognition of the expanded service opportunities available
to female members of the Armed Forces and
the long service of women in the Armed
Forces.
Sec. 596. Sense of Congress regarding plight of male victims of
military sexual trauma.
Sec. 597. Sense of Congress regarding section 504 of title 10, United
States Code, on existing authority of the
Department of Defense to enlist
individuals, not otherwise eligible for
enlistment, whose enlistment is vital to
the national interest.
Sec. 598. Protection of Second Amendment Rights of Military Families.
Sec. 599. Pilot program on advanced technology for alcohol abuse
prevention.
Sec. 599A. Report on availability of college credit for skills acquired
during military service.
Sec. 599B. Atomic veterans service medal.
Sec. 599C. Report on extending protections for student loans for active
duty borrowers.
Sec. 599D. Exclusion of certain reimbursements of medical expenses and
other payments from determination of annual
income with respect to pensions for
veterans and surviving spouses and children
of veterans.
Sec. 599E. Sense of Congress on desirability of service-wide adoption
of Gold Star Installation Access Card.
Sec. 599F. Servicemembers' Group Life Insurance.
Sec. 599G. Extension of suicide prevention and resilience program.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Annual adjustment of monthly basic pay.
Sec. 602. Extension of authority to provide temporary increase in rates
of basic allowance for housing under
certain circumstances.
Sec. 603. Prohibition on per diem allowance reductions based on the
duration of temporary duty assignment or
civilian travel .
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay,
and bonus authorities.
Sec. 615. One-year extension of authorities relating to payment of
other title 37 bonuses and special pays.
Sec. 616. Increase in maximum amount of aviation special pays for
flying duty.
Sec. 617. Conforming amendment to consolidation of special pay,
incentive pay, and bonus authorities.
Sec. 618. Technical and clerical amendments relating to 2008
consolidation of certain special pay
authorities.
Sec. 619. Combat-related special compensation coordinating amendment.
Subtitle C--Disability, Retired Pay, and Survivor Benefits
Sec. 621. Separation determinations for members participating in Thrift
Savings Plan.
Sec. 622. Continuation pay for full Thrift Savings Plan members who
have completed 8 to 12 years of service.
Sec. 623. Special survivor indemnity allowance.
Sec. 624. Equal benefits under Survivor Benefit Plan for survivors of
reserve component members who die in the
line of duty during inactive-duty training.
Sec. 625. Use of member's current pay grade and years of service,
rather than final retirement pay grade and
years of service, in a division of property
involving disposable retired pay.
Subtitle D--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
Sec. 631. Protection and enhancement of access to and savings at
commissaries and exchanges.
Sec. 632. Acceptance of Military Star Card at commissaries.
Subtitle E--Travel and Transportation Allowances and Other Matters
Sec. 641. Maximum reimbursement amount for travel expenses of members
of the Reserves attending inactive duty
training outside of normal commuting
distances.
Sec. 642. Statute of limitations on Department of Defense recovery of
amounts owed to the United States by
members of the uniformed services,
including retired and former members.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Reform of TRICARE and Military Health System
Sec. 701. TRICARE Preferred and other TRICARE reform.
Sec. 702. Reform of administration of the Defense Health Agency and
military medical treatment facilities.
Sec. 703. Military medical treatment facilities.
Sec. 704. Access to urgent care under TRICARE program.
Sec. 705. Access to primary care clinics at military medical treatment
facilities.
Sec. 706. Incentives for value-based health under TRICARE program.
Sec. 707. Improvements to military-civilian partnerships to increase
access to health care and readiness.
Sec. 708. Joint Trauma System.
Sec. 709. Joint Trauma Education and Training Directorate.
Sec. 710. Improvements to access to health care in military medical
treatment facilities.
Sec. 711. Adoption of core quality performance metrics.
Sec. 712. Study on improving continuity of health care coverage for
Reserve Components.
Subtitle B--Other Health Care Benefits
Sec. 721. Provision of hearing aids to dependents of retired members.
Sec. 722. Extended TRICARE program coverage for certain members of the
National Guard and dependents during
certain disaster response duty.
Subtitle C--Health Care Administration
Sec. 731. Prospective payment of funds necessary to provide medical
care for the Coast Guard.
Sec. 732. Requirement to review and monitor prescribing practices at
military treatment facilities of
pharmaceutical agents for treatment of
post-traumatic stress.
Sec. 733. Use of mefloquine for malaria.
Sec. 734. Applied behavior analysis.
Subtitle D--Reports and Other Matters
Sec. 741. Mental health resources for members of the military services
at high risk of suicide.
Sec. 742. Research of chronic traumatic encephalopathy.
Sec. 743. Active oscillating negative pressure treatment.
Sec. 744. Long-term study on health of helicopter and tiltrotor pilots.
Sec. 745. Pilot program for prescription drug acquisition cost parity
in the TRICARE pharmacy benefits program.
Sec. 746. Study on display of wait times at urgent care clinics,
pharmacies, and emergency rooms of military
medical treatment facilities.
Sec. 747. Report on feasibility of including acupuncture and
chiropractic services for retirees under
TRICARE program.
Sec. 748. Clarification of submission of reports on longitudinal study
on traumatic brain injury.
Sec. 749. Increased collaboration with NIH to combat triple negative
breast cancer.
Sec. 750. Department of Defense studies on preventing the diversion of
opioid medications.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Revision to authorities relating to Department of Defense
Test Resource Management Center.
Sec. 802. Amendments to restrictions on undefinitized contractual
actions.
Sec. 803. Revision to requirements relating to inventory method for
Department of Defense contracts for
services.
Sec. 804. Procurement of personal protective equipment.
Sec. 805. Revision to effective date of senior executive benchmark
compensation for allowable cost
limitations.
Sec. 806. Amendments related to detection and avoidance of counterfeit
electronic parts.
Sec. 807. Amendments to special emergency procurement authority.
Sec. 808. Compliance with domestic source requirements for footwear
furnished to enlisted members of the Armed
Forces upon their initial entry into the
Armed Forces.
Sec. 809. Requirement for policies and standard checklist in
procurement of services.
Sec. 809A. Extension of limitation on aggregate annual amount available
for contract services.
Sec. 809B. Extension of authority for enhanced transfer of technology
developed at department of defense
laboratories.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Change in date of submission to Congress of Selected
Acquisition Reports.
Sec. 812. Amendments relating to independent cost estimation and cost
analysis.
Sec. 813. Revisions to Milestone B determinations.
Sec. 814. Review and report on sustainment planning in the acquisition
process.
Sec. 815. Revision to distribution of annual report on operational test
and evaluation.
Subtitle C--Provisions Relating to Commercial Items
Sec. 821. Revision to definition of commercial item.
Sec. 822. Market research for determination of price reasonableness in
acquisition of commercial items.
Sec. 823. Value analysis for the determination of price reasonableness.
Sec. 824. Clarification of requirements relating to commercial item
determinations.
Sec. 825. Pilot program for authority to acquire innovative commercial
items using general solicitation
competitive procedures.
Subtitle D--Other Matters
Sec. 831. Review and report on the bid protest process.
Sec. 832. Review and report on indefinite delivery contracts.
Sec. 833. Review and report on contractual flow-down provisions.
Sec. 834. Review of anti-competitive specifications in information
technology acquisitions.
Sec. 835. Coast Guard major acquisition programs.
Sec. 836. Waiver of congressional notification for acquisition of
tactical missiles and munitions greater
than quantity specified in law.
Sec. 837. Closeout of old Department of the Navy contracts.
Sec. 838. Requirement that certain ship components be manufactured in
the national technology and industrial
base.
Sec. 839. Department of Defense Acquisition Workforce Development Fund
determination adjustment.
Sec. 840. Amendment to prohibition on performance of non-defense audits
by Defense Contract Audit Agency to exempt
audits for National Nuclear Security
Administration.
Sec. 841. Selection of service providers for auditing services and
audit readiness services.
Sec. 842. Modifications to the justification and approval process for
certain sole-source contracts for small
business concerns.
Sec. 843. Briefing on design-build construction process for defense
contracts.
Sec. 844. Assessment of outreach for small business concerns owned and
controlled by women and minorities required
before conversion of certain functions to
contractor performance.
Sec. 845. Inclusion of information on common grounds for sustaining bid
protests in annual Government
Accountability Office reports to Congress.
Sec. 846. Revision of effective date for amendments relating to Under
Secretary of Defense for Business
Management and Information.
Sec. 847. Promotion of value-based defense procurement.
Sec. 848. Study and report on contracts awarded to minority-owned and
women-owned businesses.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Goldwater-Nichols Reform
Sec. 901. Sense of Congress on Goldwater-Nichols Reform.
Sec. 902. Repeal of Defense Strategy Review.
Sec. 903. Commission on the National Defense Strategy for the United
States.
Sec. 904. Reform of defense strategic and policy guidance.
Sec. 905. Reform of the national military strategy.
Sec. 906. Modification to independent study of national security
strategy formulation process.
Sec. 907. Term of office for the Chairman of the Joint Chiefs of Staff.
Sec. 908. Responsibilities of the Chairman of the Joint Chiefs of Staff
relating to operations.
Sec. 909. Assigned forces within the continental United States.
Sec. 910. Reduction in general officer and flag officer grades and
positions.
Sec. 911. Establishment of unified combatant command for cyber
operations.
Sec. 912. Revision of requirements relating to length of joint duty
assignments.
Sec. 913. Revision of definitions used for joint officer management.
Sec. 914. Independent assessment of combatant command structure.
Subtitle B--Other Matters
Sec. 921. Modifications to corrosion report.
Sec. 922. Authority to employ civilian faculty members at Joint Special
Operations University.
Sec. 923. Guidelines for conversion of functions performed by civilian
or contractor personnel to performance by
military personnel.
Sec. 924. Public release by Inspectors General of reports of
misconduct.
Sec. 925. Modifications to requirements for accounting for members of
the Armed Forces and Department of Defense
civilian employees listed as missing.
Sec. 926. Reform of National Security Council.
Subtitle C--Department of the Navy and Marine Corps
Sec. 931. Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.
Sec. 932. Conforming amendments to title 10, United States Code.
Sec. 933. Other provisions of law and other references.
Sec. 934. Effective date.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Requirement to transfer funds from Department of Defense
Acquisition Workforce Development Fund to
the Treasury.
Sec. 1003. Report on auditable financial statements.
Subtitle B--Counter-Drug Activities
Sec. 1011. Extension of authority to provide additional support for
counter-drug activities of foreign
governments.
Sec. 1012. Secretary of Defense review of curricula and program
structures of National Guard counterdrug
schools.
Sec. 1013. Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1014. Unmanned aerial systems training missions.
Sec. 1015. Funding for counter narcotics operations.
Sec. 1016. Report on efforts of United States Southern Command
Operation to detect and monitor drug
trafficking.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Definition of short-term work with respect to overhaul,
repair, or maintenance of naval vessels.
Sec. 1022. Warranty requirements for shipbuilding contracts.
Sec. 1023. National Sea-Based Deterrence Fund.
Sec. 1024. Availability of funds for retirement or inactivation of
Ticonderoga-class cruisers or dock landing
ships.
Sec. 1025. Restrictions on the overhaul and repair of vessels in
foreign shipyards.
Subtitle D--Counterterrorism
Sec. 1031. Frequency of counterterrorism operations briefings.
Sec. 1032. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval
Station, Guantanamo Bay, Cuba to the United
States.
Sec. 1033. Prohibition on use of funds to construct or modify
facilities in the United States to house
detainees transferred from United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 1034. Prohibition on use of funds for transfer or release to
certain countries of individuals detained
at United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1035. Prohibition on use of funds for realignment of forces at or
closure of United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1036. Modification of congressional notification of sensitive
military operations.
Sec. 1037. Comprehensive strategy for detention of certain individuals.
Sec. 1038. Declassification of information on past terrorist activities
of detainees transferred from United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 1039. Prohibition on enforcement of military commission rulings
preventing members of the Armed Forces from
carrying out otherwise lawful duties based
on member gender.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Expanded authority for transportation by the Department of
Defense of non-Department of Defense
personnel and cargo.
Sec. 1042. Limitation on retirement, deactivation, or decommissioning
of mine countermeasures ships.
Sec. 1043. Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance.
Sec. 1044. Evaluation of Navy alternate combination cover and unisex
combination cover.
Sec. 1045. Protection of certain Federal spectrum operations.
Sec. 1046. Transportation on military aircraft on a space-available
basis for members and former members of the
Armed Forces with disabilities rated as
total.
Sec. 1047. National Guard flyovers of public events.
Sec. 1048. Application of the Freedom of Information Act to the
National Security Council.
Sec. 1049. Requirement relating to transfer of excess Department of
Defense equipment to Federal and State
agencies.
Subtitle F--Studies and Reports
Sec. 1061. Temporary continuation of certain Department of Defense
reporting requirements.
Sec. 1062. Matters for inclusion in report on designation of countries
for which rewards may be paid under
Department of Defense rewards program.
Sec. 1063. Congressional notification of biological select agent and
toxin theft, loss, or release involving the
Department of Defense.
Sec. 1064. Report on service-provided support to United States special
operations forces.
Sec. 1065. Report on citizen security responsibilities in the Northern
Triangle of Central America.
Sec. 1066. Report on counterproliferation activities and programs.
Sec. 1067. Inclusion of ballistic missile defense information in annual
report on requirements of combatant
commands.
Sec. 1068. Reviews by Department of Defense concerning national
security use of spectrum.
Sec. 1069. Annual report on personnel, training, and equipment
requirements for the non-Federalized
National Guard to support civilian
authorities in prevention and response to
domestic disasters.
Sec. 1070. Briefing on criteria for determining locations of Air Force
Installation and Mission Support Center
headquarters.
Sec. 1071. Report on testing and integration of minehunting sonar
systems to improve Littoral Combat Ship
minehunting capabilities.
Sec. 1072. Report on carrier air wing force structure.
Sec. 1073. Quarterly reports on parachute jumps conducted at Fort Bragg
and Pope Army Airfield and Air Force
support for such jumps.
Sec. 1074. Briefing on real property inventory.
Sec. 1075. Report on adjustment and diversification assistance.
Sec. 1076. Briefing on the protection of personally identifying
information of members of the Armed Forces.
Subtitle G--Other Matters
Sec. 1081. Technical and clerical amendments.
Sec. 1082. Modification to support for non-Federal development and
testing of material for chemical agent
defense.
Sec. 1083. Increase in maximum amount available for equipment,
services, and supplies provided for
humanitarian demining assistance.
Sec. 1084. Liquidation of unpaid credits accrued as a result of
transactions under a cross-servicing
agreement.
Sec. 1085. Clarification of contracts covered by airlift service
provision.
Sec. 1086. National biodefense strategy.
Sec. 1087. Global Cultural Knowledge Network.
Sec. 1088. Modification of requirements relating to management of
military technicians.
Sec. 1089. Sense of Congress regarding Connecticut's Submarine Century.
Sec. 1090. LNG permitting certainty and transparency.
Sec. 1091. Sense of Congress regarding the reporting of the MV-22
mishap in Marana, Arizona, on April 8,
2000.
Sec. 1092. Transfer of surplus firearms to corporation for the
promotion of rifle practice and firearms
safety.
Sec. 1093. Sense of Congress regarding the importance of Panama City,
Florida, to the history and future of the
armed forces.
Sec. 1094. Protections relating to civil rights and disabilities.
Sec. 1095. Nonapplicability of certain executive order to Department of
Defense and National Nuclear Security
Administration.
Sec. 1096. Determination and disclosure of transportation costs
incurred by Secretary of Defense for
congressional trips outside the United
States.
Sec. 1097. Waiver of certain polygraph examination requirements.
Sec. 1098. Use of Transportation Worker Identification Credential to
gain access at Department of Defense
installations.
Sec. 1098A. Limitation on availability of funds for destruction of
certain landmines and report on development
of replacement anti-personnel landmine
munitions.
Sec. 1098B. Requirement for memorandum of understanding regarding
transfer of detainees.
Sec. 1098C. Sense of congress regarding american veterans disabled for
life.
Sec. 1098D. Study on military helicopter noise.
Sec. 1098E. Maritime Occupational Safety and Health Advisory Committee.
Sec. 1098F. Sense of Congress regarding United States Northern Command
preparedness.
Sec. 1098G. Cost of Wars.
Sec. 1098H. Workforce issues for relocation of marines to Guam.
Sec. 1098I. Review of Department of Defense debt collection
regulations.
Sec. 1098J. Importance of role played by women in World War II.
Sec. 1098K. Recovery of excess rifles, ammunition, and parts granted to
foreign countries and transfer to certain
persons.
Sec. 1098L. Project management.
Subtitle H--United States Naval Station Guantanamo Bay Preservation Act
Sec. 1099. Short title.
Sec. 1099A. Findings.
Sec. 1099B. Prohibition on modification, abrogation, or other related
actions with respect to United States
jurisdiction and control over United States
Naval Station, Guantanamo Bay, Cuba,
without congressional action.
Sec. 1099C. Guantanamo lease agreements defined.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Temporary direct hire authority for domestic defense
industrial base facilities and the Major
Range and Test Facilities Base.
Sec. 1102. Temporary personnel flexibilities for domestic defense
industrial base facilities and Major Range
and Test Facilities Base civilian
personnel.
Sec. 1103. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to
civilian personnel on official duty in a
combat zone.
Sec. 1104. Advance payments for employees relocating within the United
States and its territories.
Sec. 1105. Permanent authority for alternative personnel program for
scientific and technical personnel.
Sec. 1106. Modification to information technology personnel exchange
program.
Sec. 1107. Treatment of certain localities for calculation of per diem
allowances.
Sec. 1108. Eligibility of employees in a time-limited appointment to
compete for a permanent appointment at any
Federal agency.
Sec. 1109. Limitation on administrative leave.
Sec. 1110. Record of investigation of personnel action in separated
employee's official personnel file.
Sec. 1111. Review of official personnel file of former Federal
employees before rehiring.
Sec. 1112. Report on Department of Defense civilian workforce personnel
and contractors.
Sec. 1113. Public-private talent exchange.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. One-year extension of logistical support for coalition
forces supporting certain United States
military operations.
Sec. 1202. Extension of authority for training of general purpose
forces of the United States Armed Forces
with military and other security forces of
friendly foreign countries.
Sec. 1203. Modification and extension of authority to conduct
activities to enhance the capability of
foreign countries to respond to incidents
involving weapons of mass destruction.
Sec. 1204. Extension of authority for support of special operations to
combat terrorism.
Sec. 1205. Modification and codification of reporting requirements
relating to security cooperation
authorities.
Sec. 1206. Independent assessment of Department of Defense security
cooperation programs.
Sec. 1207. Sense of Congress regarding an assessment, monitoring, and
evaluation framework for security
cooperation.
Sec. 1208. Report on the prohibition on use of funds for assistance to
units of foreign security forces that have
committed a gross violation of human
rights.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of Commanders' Emergency Response
Program.
Sec. 1212. Extension and modification of authority for reimbursement of
certain coalition nations for support
provided to United States military
operations.
Sec. 1213. Extension of authority to acquire products and services
produced in countries along a major route
of supply to Afghanistan.
Sec. 1214. Extension of authority to transfer defense articles and
provide defense services to the military
and security forces of Afghanistan.
Sec. 1215. Sense of Congress on United States policy and strategy in
Afghanistan.
Sec. 1216. Special immigrant status for certain Afghans.
Sec. 1217. Modification to semiannual report on enhancing security and
stability in Afghanistan.
Sec. 1218. Sense of Congress relating to Dr. Shakil Afridi.
Sec. 1219. Report on access to financial records of the Government of
Afghanistan to audit the use of funds for
assistance for Afghanistan.
Subtitle C--Matters Relating to Syria and Iraq
Sec. 1221. Modification and extension of authority to provide
assistance to the vetted Syrian opposition.
Sec. 1222. Modification and extension of authority to provide
assistance to counter the Islamic State of
Iraq and the Levant.
Sec. 1223. Extension and modification of authority to support
operations and activities of the Office of
Security Cooperation in Iraq.
Sec. 1224. Report on prevention of future terrorist organizations in
Iraq and Syria.
Sec. 1225. Semiannual report on integration of political and military
strategies against ISIL.
Sec. 1226. Sense of Congress condemning continuing attacks on medical
facilities in Syria.
Sec. 1227. United Nations processing center in Erbil, Iraqi Kurdistan,
to assist internationally-displaced
communities.
Sec. 1228. Sense of Congress on business practices of the Islamic State
of Iraq and Syria (ISIS).
Sec. 1229. Prohibition on transfer of man-portable air defense systems
to any entity in Syria.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1231. Limitation on use of funds to approve or otherwise permit
approval of certain requests by Russian
Federation under Open Skies Treaty.
Sec. 1232. Military response options to Russian Federation violation of
INF Treaty.
Sec. 1233. Limitation on military cooperation between the United States
and the Russian Federation.
Sec. 1234. Statement of policy on United States efforts in Europe to
reassure United States partners and allies
and deter aggression by the Government of
the Russian Federation.
Sec. 1235. Modification of Ukraine security assistance initiative.
Sec. 1236. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1237. Modification and extension of report on military assistance
to Ukraine.
Sec. 1238. Additional matters in annual report on military and security
developments involving the Russian
Federation.
Subtitle E--Other Matters
Sec. 1241. Sense of Congress on malign activities of the Government of
Iran.
Sec. 1242. Modification of annual report on military and security
developments involving the People's
Republic of China.
Sec. 1243. Sense of Congress on trilateral cooperation between Japan,
South Korea, and the United States.
Sec. 1244. Sense of Congress on cooperation between Singapore and the
United States.
Sec. 1245. Monitoring and evaluation of overseas humanitarian,
disaster, and civic aid programs of the
Department of Defense.
Sec. 1246. Enhancement of interagency support during contingency
operations and transition periods.
Sec. 1247. Two-year extension and modification of authorization of non-
conventional assisted recovery
capabilities.
Sec. 1248. Authority to destroy certain specified World War II-era
United States-origin chemical munitions
located on San Jose Island, Republic of
Panama.
Sec. 1249. Strategy for United States defense interests in Africa.
Sec. 1250. United States-Israel directed energy cooperation.
Sec. 1251. Sense of Congress on support for Estonia, Latvia, and
Lithuania.
Sec. 1252. Sense of Congress on support for Georgia.
Sec. 1253. Modification of annual report on military power of Iran.
Sec. 1254. Sense of Congress on senior military exchanges between the
United States and Taiwan.
Sec. 1255. Quarterly report on freedom of navigation operations.
Sec. 1256. Annual report on foreign military sales to Taiwan.
Sec. 1257. Sense of Congress on July 2016 NATO Summit in Warsaw,
Poland.
Sec. 1258. Report on violence and cartel activity in Mexico.
Sec. 1259. United States policy on Taiwan.
Sec. 1259A. Limitation on availability of funds to implement the Arms
Trade Treaty.
Sec. 1259B. Limitation on military contact and cooperation between the
United States and Cuba.
Sec. 1259C. Global Engagement Center.
Sec. 1259D. Establishment of the Broadcasting Board of Governors Chief
Executive Officer Position.
Sec. 1259E. United States International Broadcasting Act of 1994.
Sec. 1259F. Redesignation and enhancement of South China Sea
Initiative.
Sec. 1259G. Opportunities to equip certain foreign military entities.
Sec. 1259H. Reports on INF Treaty and Open Skies Treaty.
Sec. 1259I. Sense of Congress regarding the role of the United States
in the North Atlantic Treaty Organization.
Sec. 1259J. Authorization of United States assistance to Israel.
Sec. 1259K. Sense of Congress in support of a denuclearized Korean
peninsula.
Sec. 1259L. Measures against persons involved in activities that
violate arms control treaties or agreements
with the United States.
Sec. 1259M. Department of Defense report on cooperation between Iran
and the Russian Federation.
Sec. 1259N. Report on maintenance by Israel of a robust independent
capability to remove existential security
threats.
Sec. 1259O. Report on use by the Government of Iran of commercial
aircraft and related services for illicit
military or other activities.
Sec. 1259P. Authority to grant observer status to the military forces
of Taiwan at RIMPAC exercises.
Sec. 1259Q. Agreements with foreign governments to develop land-based
water resources in support of and in
preparation for contingency operations.
Sec. 1259R. Extension of reporting requirements on the use of certain
Iranian seaports by foreign vessels and use
of foreign airports by sanctioned Iranian
air carriers.
Sec. 1259S. Notification and assessment of ballistic missile launch by
Iran.
Sec. 1259T. Sense of Congress on integrated ballistic missile defense
system for GCC partner countries, Jordan,
Egypt, and Israel.
Sec. 1259U. Authority to provide assistance and training to increase
maritime security and domain awareness of
foreign countries bordering the Persian
Gulf, Arabian Sea, or Mediterranean Sea.
Sec. 1259V. Sense of Congress on military relations between Vietnam and
the United States.
Sec. 1259W. Report on efforts to combat Boko Haram in Nigeria and the
Lake Chad Basin.
Subtitle F--Codification and Consolidation of Department of Defense
Security Cooperation Authorities
Sec. 1261. Enactment of new chapter for Department of Defense security
cooperation authorities and transfer of
certain authorities to new chapter.
Sec. 1262. Enhancing defense and security cooperation with India.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on availability of funds for Cooperative Threat
Reduction in People's Republic of China.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Chemical Agents and Munitions Destruction, Defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
Sec. 1407. National Sea-Based Deterrence Fund.
Subtitle B--National Defense Stockpile
Sec. 1411. Authority to dispose of certain materials from and to
acquire additional materials for the
National Defense Stockpile.
Sec. 1412. Revisions to the Strategic and Critical Materials Stock
Piling Act.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for
Captain James A. Lovell Health Care Center,
Illinois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose and treatment of certain authorizations of
appropriations.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1508. Defense Inspector General.
Sec. 1509. Defense Health program.
Sec. 1510. Counterterrorism Partnerships Fund.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Sec. 1523. Codification of Office of Management and Budget criteria.
Subtitle C--Limitations, Reports, and Other Matters
Sec. 1531. Afghanistan Security Forces Fund.
Sec. 1532. Joint Improvised Explosive Device Defeat Fund.
Sec. 1533. Extension of authority to use Joint Improvised Explosive
Device Defeat Fund for training of foreign
security forces to defeat improvised
explosive devices.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Rocket propulsion system to replace RD-180.
Sec. 1602. Exception to the prohibition on contracting with Russian
suppliers of rocket engines for the evolved
expendable launch vehicle program.
Sec. 1603. Analysis of alternatives for wide-band communications.
Sec. 1604. Modification to pilot program for acquisition of commercial
satellite communication services.
Sec. 1605. Space-based environmental monitoring.
Sec. 1606. Prohibition on use of certain non-allied positioning,
navigation, and timing systems.
Sec. 1607. Limitation of availability of funds for the Joint Space
Operations Center Mission System.
Sec. 1608. Space-based infrared system and advanced extremely high
frequency program.
Sec. 1609. Plans on transfer of acquisition and funding authority of
certain weather missions to National
Reconnaissance Office.
Sec. 1610. Pilot program on commercial weather data.
Sec. 1611. Organization and management of national security space
activities of the Department of Defense.
Sec. 1612. Review of charter of Operationally Responsive Space Program
Office.
Sec. 1613. Backup and complementary positioning, navigation, and timing
capabilities of Global Positioning System.
Sec. 1614. Report on use of spacecraft assets of the space-based
infrared system wide-field-of-view program.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Limitation on availability of funds for intelligence
management.
Sec. 1622. Limitations on availability of funds for United States
Central Command Intelligence Fusion Center.
Sec. 1623. Limitation on availability of funds for Joint Intelligence
Analysis Complex.
Subtitle C--Cyberspace-Related Matters
Sec. 1631. Special emergency procurement authority to facilitate the
defense against or recovery from a cyber
attack.
Sec. 1632. Change in name of National Defense University's Information
Resources Management College to College of
Information and Cyberspace.
Sec. 1633. Requirement to enter into agreements relating to use of
cyber opposition forces.
Sec. 1634. Limitation on availability of funds for cryptographic
systems and key management infrastructure.
Sec. 1635. Pilot programs on direct commissions to cyber positions.
Sec. 1636. Report on policies for responding to malicious cyber
activities carried out against the United
States or United States persons by foreign
states or non-state actors.
Sec. 1637. Assessment on security of information held by cleared
defense contractors.
Sec. 1638. Sense of Congress on cyber resiliency of the networks and
communications systems of the National
Guard.
Sec. 1639. Requirement for Army National Guard strategy to incorporate
cyber protection teams into Department of
Defense cyber mission force.
Subtitle D--Nuclear Forces
Sec. 1641. Improvements to Council on Oversight of National Leadership
Command, Control, and Communications
System.
Sec. 1642. Treatment of certain sensitive information by State and
local governments.
Sec. 1643. Procurement authority for certain parts of intercontinental
ballistic missile fuzes.
Sec. 1644. Prohibition on availability of funds for mobile variant of
ground-based strategic deterrent missile.
Sec. 1645. Limitation on availability of funds for extension of New
START Treaty.
Sec. 1646. Consolidation of nuclear command, control, and
communications functions of the Air Force.
Sec. 1647. Report on Russian and Chinese political and military
leadership survivability, command and
control, and continuity of government
programs and activities.
Sec. 1648. Sense of Congress on importance of independent nuclear
deterrent of United Kingdom.
Sec. 1649. Requests for forces to meet security requirements for land-
based nuclear forces.
Sec. 1649A. Matters related to intercontinental ballistic missiles.
Subtitle E--Missile Defense Programs
Sec. 1651. Extensions of prohibitions relating to missile defense
information and systems.
Sec. 1652. Review of the missile defeat policy and strategy of the
United States.
Sec. 1653. Iron dome short-range rocket defense system and Israeli
cooperative missile defense program
codevelopment and coproduction.
Sec. 1654. Maximizing Aegis Ashore capability.
Sec. 1655. Technical authority for integrated air and missile defense
activities and programs.
Sec. 1656. Development and research of non-terrestrial missile defense
layer.
Sec. 1657. Hypersonic boost glide vehicle defense.
Sec. 1658. Limitation on availability of funds for Patriot lower tier
air and missile defense capability of the
Army.
Sec. 1659. Limitation on availability of funds for conventional prompt
global strike weapons system.
Sec. 1660. Pilot program on loss of unclassified, controlled technical
information.
Sec. 1661. Review of Missile Defense Agency budget submissions for
ground-based midcourse defense and
evaluation of alternative ground-based
interceptor deployments.
Sec. 1662. Declaratory policy, concept of operations, and employment
guidelines for left-of-launch capability.
Sec. 1663. Procurement of medium-range discrimination radar to improve
homeland missile defense.
Sec. 1664. Semiannual notifications on missile defense tests and costs.
Sec. 1665. National missile defense policy.
Sec. 1666. Sense of Congress on initial operating capability of phase 2
of European Phased Adaptive Approach to
missile defense.
Subtitle F--Other Matters
Sec. 1671. Protection of certain facilities and assets from unmanned
aircraft.
Sec. 1672. Improvement of coordination by Department of Defense of
electromagnetic spectrum usage.
Sec. 1673. Harmful interference to Department of Defense Global
Positioning System.
TITLE XVII--DEPARTMENT OF DEFENSE ACQUISITION AGILITY
Sec. 1701. Modular open system approach in development of major weapon
systems.
Sec. 1702. Development, prototyping, and deployment of weapon system
components or technology.
Sec. 1703. Cost, schedule, and performance of major defense acquisition
programs.
Sec. 1704. Transparency in major defense acquisition programs.
Sec. 1705. Amendments relating to technical data rights.
TITLE XVIII--MATTERS RELATING TO SMALL BUSINESS PROCUREMENT
Subtitle A--Improving Transparency and Clarity for Small Businesses
Sec. 1801. Plain language rewrite of requirements for small business
procurements.
Sec. 1802. Improving reporting on small business goals.
Sec. 1803. Transparency in small business goals.
Sec. 1804. Uniformity in procurement terminology.
Subtitle B--Clarifying the Roles of Small Business Advocates
Sec. 1811. Scope of review by procurement center representatives.
Sec. 1812. Responsibilities of Commercial Market Representatives.
Sec. 1813. Duties of the Office of Small and Disadvantaged Business
Utilization.
Sec. 1814. Improving contractor compliance.
Sec. 1815. Responsibilities of Business Opportunity Specialists.
Subtitle C--Strengthening Opportunities for Competition in
Subcontracting
Sec. 1821. Good faith in subcontracting.
Sec. 1822. Pilot program to provide opportunities for qualified
subcontractors to obtain past performance
ratings.
Subtitle D--Mentor-Protege Programs
Sec. 1831. Amendments to the Mentor-Protege Program of the Department
of Defense.
Sec. 1832. Improving cooperation between the mentor-protege programs of
the Small Business Administration and the
Department of Defense.
Subtitle E--Women's Business Programs
Sec. 1841. Office of Women's Business Ownership.
Sec. 1842. Women's Business Center Program.
Sec. 1843. Matching requirements under Women's Business Center Program.
Subtitle F--SCORE Program
Sec. 1851. SCORE Reauthorization.
Sec. 1852. SCORE program.
Sec. 1853. Online component.
Sec. 1854. Study and report on the future role of the score program.
Sec. 1855. Technical and conforming amendments.
Subtitle G--Miscellaneous Provisions
Sec. 1861. Improving education on small business regulations.
Sec. 1862. Protecting task order competition.
Sec. 1863. Improvements to size standards for small agricultural
producers.
Sec. 1864. Uniformity in service-disabled veteran definitions.
Sec. 1865. Required reports pertaining to capital planning and
investment control.
Sec. 1866. Office of Hearings and Appeals.
Sec. 1867. Issuance of guidance on small business matters.
Sec. 1868. Role of small business development centers in cyber security
and preparedness.
Sec. 1869. Additional cyber security assistance for small business
development centers.
Sec. 1869A. Cybersecurity outreach for small business development
centers.
Sec. 1869B. GAO study on small business cyber support services and
small business development center cyber
strategy.
Sec. 1869C. Prohibition on additional funds.
Subtitle H--Small Business Development Centers Improvements
Sec. 1871. Short title.
Sec. 1872. Use of authorized entrepreneurial development programs.
Sec. 1873. Marketing of services.
Sec. 1874. Data collection.
Sec. 1875. Fees from private partnerships and cosponsorships.
Sec. 1876. Equity for small business development centers.
Sec. 1877. Confidentiality requirements.
Sec. 1878. Limitation on award of grants to small business development
centers.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2105. Extension of authorizations of certain fiscal year 2013
projects.
Sec. 2106. Extension of authorizations of certain fiscal year 2014
projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2206. Extension of authorizations of certain fiscal year 2013
projects.
Sec. 2207. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2208. Status of ``net negative'' policy regarding Navy acreage on
Guam.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year
2016 project.
Sec. 2306. Extension of authorization of certain fiscal year 2013
project.
Sec. 2307. Extension of authorization of certain fiscal year 2014
project.
Sec. 2308. Restriction on acquisition of property in Northern Mariana
Islands.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2405. Extension of authorizations of certain fiscal year 2013
projects.
Sec. 2406. Extension of authorizations of certain fiscal year 2014
projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Other Matters
Sec. 2611. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2612. Modification of authority to carry out certain fiscal year
2015 project.
Sec. 2613. Modification of authority to carry out certain fiscal year
2016 project.
Sec. 2614. Extension of authorization of certain fiscal year 2013
project.
Sec. 2615. Extension of authorizations of certain fiscal year 2014
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense base closure account.
Sec. 2702. Prohibition on conducting additional Base Realignment and
Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Sec. 2801. Modification of criteria for treatment of laboratory
revitalization projects as minor military
construction projects.
Sec. 2802. Classification of facility conversion projects as repair
projects.
Sec. 2803. Extension of temporary, limited authority to use operation
and maintenance funds for construction
projects outside the United States.
Sec. 2804. Extension of temporary authority for acceptance and use of
contributions for certain construction,
maintenance, and repair projects mutually
beneficial to the Department of Defense and
Kuwait military forces.
Sec. 2805. Notice and reporting requirements for energy conservation
construction projects.
Sec. 2806. Additional entities eligible for participation in defense
laboratory modernization pilot program.
Sec. 2807. Sense of Congress on maximizing number of veterans employed
on military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Congressional notification for in-kind contributions for
overseas military construction projects.
Sec. 2812. Prohibition on use of military installations to house
unaccompanied alien children.
Sec. 2813. Allotment of space and provision of services to WIC offices
operating on military installations.
Sec. 2814. Sense of Congress regarding need to consult with State and
local officials prior to acquisitions of
real property.
Sec. 2815. Sense of Congress regarding inclusion of stormwater systems
and components within the meaning of
``wastewater system'' under the Department
of Defense authority for conveyance of
utility systems.
Sec. 2816. Assessment of public schools on Department of Defense
installations.
Sec. 2817. Improved process for disposal of Department of Defense
surplus real property located overseas.
Subtitle C--Provision Related to Asia-Pacific Military Realignment
Sec. 2821. Limited exceptions to restriction on development of public
infrastructure in connection with
realignment of Marine Corps forces in Asia-
Pacific region.
Subtitle D--Land Conveyances
Sec. 2831. Land conveyances, High Frequency Active Auroral Research
Program facility and adjacent property,
Gakona, Alaska.
Sec. 2832. Land conveyance, Campion Air Force Radar Station, Galena,
Alaska.
Sec. 2833. Exchange of property interests, San Diego Unified Port
District, California.
Sec. 2834. Release of property interests retained in connection with
land conveyance, Eglin Air Force Base,
Florida.
Sec. 2835. Land exchange, Fort Hood, Texas.
Sec. 2836. Land conveyance, P-36 Warehouse, Colbern United States Army
Reserve Center, Laredo, Texas.
Sec. 2837. Land conveyance, St. George National Guard Armory, St.
George, Utah.
Sec. 2838. Release of restrictions, Richland Innovation Center,
Richland, Washington.
Sec. 2839. Modification of land conveyance, Rocky Mountain Arsenal
National Wildlife Refuge.
Sec. 2839A. Closure of St. Marys Airport.
Sec. 2839B. Prohibition on transfer of administrative jurisdiction,
portion of Organ Mountains Area, Fillmore
Canyon, New Mexico.
Subtitle E--Military Land Withdrawals
Sec. 2841. Bureau of Land Management withdrawn military lands under
Military Lands Withdrawal Act of 1999.
Sec. 2842. Permanent withdrawal or transfer of administrative
jurisdiction of public land, Naval Air
Weapons Station China Lake, California.
Subtitle F--Military Memorials, Monuments, and Museums
Sec. 2851. Cyber Center for Education and Innovation-Home of the
National Cryptologic Museum.
Sec. 2852. Renaming site of the Dayton Aviation Heritage National
Historical Park, Ohio.
Sec. 2853. Support for military service memorials and museums
highlighting role of women in the military.
Sec. 2854. Petersburg National Battlefield boundary modification.
Sec. 2855. Amendments to the National Historic Preservation Act.
Sec. 2856. Recognition of the National Museum of World War II Aviation.
Sec. 2857. Battleship preservation grant program.
Subtitle G--Designations and Other Matters
Sec. 2861. Designation of portion of Moffett Federal Airfield,
California, as Moffett Air National Guard
Base.
Sec. 2862. Redesignation of Mike O'Callaghan Federal Medical Center.
Sec. 2863. Transfer of certain items of the Omar Bradley Foundation to
the descendants of General Omar Bradley.
Sec. 2864. Protection and recovery of Greater Sage Grouse.
Sec. 2865. Implementation of lesser prairie-chicken range-wide
conservation plan and other conservation
measures.
Sec. 2866. Removal of endangered species status for American burying
beetle.
Sec. 2867. Report on documentation for acquisition of certain
properties along Columbia River,
Washington, by Corps of Engineers.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
projects.
Sec. 2903. Authorization of appropriations.
TITLE XXX--UTAH TEST AND TRAINING RANGE ENCROACHMENT PREVENTION AND
TEMPORARY CLOSURE AUTHORITIES
Sec. 3001. Findings and definitions.
Subtitle A--Utah Test and Training Range
Sec. 3011. Management of BLM land.
Sec. 3012. Temporary closures.
Sec. 3013. Community resource group.
Sec. 3014. Liability.
Sec. 3015. Effects of subtitle.
Subtitle B--Land Exchange
Sec. 3021. Findings and purpose.
Sec. 3022. Definitions.
Sec. 3023. Exchange of Federal land and non-Federal land.
Sec. 3024. Status and management of non-Federal land after exchange.
Sec. 3025. Hazardous materials.
Subtitle C--Highway Rights-of-way
Sec. 3031. Recognition and transfer of certain highway rights-of-way.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Independent acquisition project reviews of capital assets
acquisition projects.
Sec. 3112. Research and development of advanced naval nuclear fuel
system based on low-enriched uranium.
Sec. 3113. Disposition of weapons-usable plutonium.
Sec. 3114. Design basis threat.
Sec. 3115. Prohibition on availability of funds for provision of
certain assistance to Russian Federation.
Sec. 3116. Limitation on availability of funds for Federal salaries and
expenses.
Sec. 3117. Limitation on availability of funds for defense
environmental cleanup program direction.
Sec. 3118. Limitation on availability of funds for acceleration of
nuclear weapons dismantlement.
Sec. 3119. Annual certification of shipments to Waste Isolation Pilot
Plant.
Sec. 3119A. Limitation on availability of funds for the Department of
Energy.
Sec. 3119B. Sense of Congress regarding accounting practices by
laboratory operating contractors and plant
or site managers of National Nuclear
Security Administration facilities.
Sec. 3119C. Protection of certain nuclear facilities from unmanned
aircraft.
Subtitle C--Plans and Reports
Sec. 3121. Clarification of annual report and certification on status
of security of atomic energy defense
facilities.
Sec. 3122. Annual report on service support contracts of the National
Nuclear Security Administration.
Sec. 3123. Repeal of certain reporting requirements.
Sec. 3124. Independent assessment of technology development under
defense environmental cleanup program.
Sec. 3125. Updated plan for verification and monitoring of
proliferation of nuclear weapons and
fissile material.
Sec. 3126. Briefing on the information-interchange of low-enriched
uranium.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NUCLEAR ENERGY INNOVATION CAPABILITIES
Sec. 3301. Short title.
Sec. 3302. Nuclear energy.
Sec. 3303. Nuclear energy research programs.
Sec. 3304. Advanced fuel cycle initiative.
Sec. 3305. University nuclear science and engineering support.
Sec. 3306. Department of Energy civilian nuclear infrastructure and
facilities.
Sec. 3307. Security of nuclear facilities.
Sec. 3308. High-performance computation and supportive research.
Sec. 3309. Enabling nuclear energy innovation.
Sec. 3310. Budget plan.
Sec. 3311. Conforming amendments.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Authority to make pro rata annual payments under operating
agreements for vessels participating in
Maritime Security Fleet.
Sec. 3503. Authority to extend certain age restrictions relating to
vessels in the Maritime Security Fleet.
Sec. 3504. Corrections to provisions enacted by Coast Guard
Authorization Acts.
Sec. 3505. Status of National Defense Reserve Fleet vessels.
Sec. 3506. NDRF national security multi-mission vessel.
Sec. 3507. United States Merchant Marine Academy.
Sec. 3508. Use of National Defense Reserve Fleet scrapping proceeds.
Sec. 3509. Floating dry docks.
Sec. 3510. Expedited processing of applications for transportation
security cards for separating members of
the Armed Forces and veterans.
Sec. 3511. Training under Transition Assistance Program on employment
opportunities associated with
transportation security cards.
Sec. 3512. Application of law.
TITLE XXXVI--BALLAST WATER
Sec. 3601. Short title.
Sec. 3602. Definitions.
Sec. 3603. Regulation and enforcement.
Sec. 3604. Uniform national standards and requirements for the
regulation of discharges incidental to the
normal operation of a vessel.
Sec. 3605. Treatment technology certification.
Sec. 3606. Exemptions.
Sec. 3607. Alternative compliance program.
Sec. 3608. Judicial review.
Sec. 3609. Effect on State authority.
Sec. 3610. Application with other statutes.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for overseas contingency operations for base
requirements.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
Sec. 4203. Research, development, test, and evaluation for overseas
contingency operations for base
requirements.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for overseas contingency
operations for base requirements.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
Sec. 4403. Military personnel for overseas contingency operations for
base requirements.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
Sec. 4503. Other authorizations for overseas contingency operations for
base requirements.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for overseas contingency operations
for base requirements.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E--MILITARY JUSTICE
Sec. 6000. Short title.
TITLE LX--GENERAL PROVISIONS
Sec. 6001. Definitions.
Sec. 6002. Clarification of persons subject to UCMJ while on inactive-
duty training.
Sec. 6003. Staff judge advocate disqualification due to prior
involvement in case.
Sec. 6004. Conforming amendment relating to military magistrates.
Sec. 6005. Rights of victim.
TITLE LXI--APPREHENSION AND RESTRAINT
Sec. 6101. Restraint of persons charged.
Sec. 6102. Modification of prohibition of confinement of armed forces
members with enemy prisoners and certain
others.
TITLE LXII--NON-JUDICIAL PUNISHMENT
Sec. 6201. Modification of confinement as non-judicial punishment.
TITLE LXIII--COURT-MARTIAL JURISDICTION
Sec. 6301. Courts-martial classified.
Sec. 6302. Jurisdiction of general courts-martial.
Sec. 6303. Jurisdiction of special courts-martial.
Sec. 6304. Summary court-martial as non-criminal forum.
TITLE LXIV--COMPOSITION OF COURTS-MARTIAL
Sec. 6401. Technical amendment relating to persons authorized to
convene general courts-martial.
Sec. 6402. Who may serve on courts-martial; detail of members.
Sec. 6403. Number of court-martial members in capital cases.
Sec. 6404. Detailing, qualifications, etc. of military judges.
Sec. 6405. Qualifications of trial counsel and defense counsel.
Sec. 6406. Assembly and impaneling of members; detail of new members
and military judges.
Sec. 6407. Military magistrates.
TITLE LXV--PRE-TRIAL PROCEDURE
Sec. 6501. Charges and specifications.
Sec. 6502. Preliminary hearing required before referral to general
court-martial.
Sec. 6503. Disposition guidance.
Sec. 6504. Advice to convening authority before referral for trial.
Sec. 6505. Service of charges and commencement of trial.
TITLE LXVI--TRIAL PROCEDURE
Sec. 6601. Duties of assistant defense counsel.
Sec. 6602. Sessions.
Sec. 6603. Technical amendment relating to continuances.
Sec. 6604. Conforming amendments relating to challenges.
Sec. 6605. Statute of limitations.
Sec. 6606. Former jeopardy.
Sec. 6607. Pleas of the accused.
Sec. 6608. Contempt.
Sec. 6609. Depositions.
Sec. 6610. Admissibility of sworn testimony by audiotape or videotape
from records of courts of inquiry.
Sec. 6611. Conforming amendment relating to defense of lack of mental
responsibility.
Sec. 6612. Voting and rulings.
Sec. 6613. Votes required for conviction, sentencing, and other
matters.
Sec. 6614. Plea agreements.
Sec. 6615. Record of trial.
TITLE LXVII--SENTENCES
Sec. 6701. Sentencing.
Sec. 6701A. Minimum confinement period required for conviction of
certain sex-related offenses committed by
members of the Armed Forces.
Sec. 6702. Effective date of sentences.
Sec. 6703. Sentence of reduction in enlisted grade.
TITLE LXVIII--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
Sec. 6801. Post-trial processing in general and special courts-martial.
Sec. 6802. Limited authority to act on sentence in specified post-trial
circumstances.
Sec. 6803. Post-trial actions in summary courts-martial and certain
general and special courts-martial.
Sec. 6804. Entry of judgment.
Sec. 6805. Waiver of right to appeal and withdrawal of appeal.
Sec. 6806. Appeal by the United States.
Sec. 6807. Rehearings.
Sec. 6808. Judge advocate review of finding of guilty in summary court-
martial.
Sec. 6809. Transmittal and review of records.
Sec. 6810. Courts of criminal appeals.
Sec. 6811. Review by court of appeals for the armed forces.
Sec. 6812. Supreme Court review.
Sec. 6813. Review by Judge Advocate General.
Sec. 6814. Appellate defense counsel in death penalty cases.
Sec. 6815. Authority for hearing on vacation of suspension of sentence
to be conducted by qualified judge
advocate.
Sec. 6816. Extension of time for petition for new trial.
Sec. 6817. Restoration.
Sec. 6818. Leave requirements pending review of certain court-martial
convictions.
TITLE LXIX--PUNITIVE ARTICLES
Sec. 6901. Reorganization of punitive articles.
Sec. 6902. Conviction of offense charged, lesser included offenses, and
attempts.
Sec. 6903. Soliciting commission of offenses.
Sec. 6904. Malingering.
Sec. 6905. Breach of medical quarantine.
Sec. 6906. Missing movement; jumping from vessel.
Sec. 6907. Offenses against correctional custody and restriction.
Sec. 6908. Disrespect toward superior commissioned officer; assault of
superior commissioned officer.
Sec. 6909. Willfully disobeying superior commissioned officer.
Sec. 6910. Prohibited activities with military recruit or trainee by
person in position of special trust.
Sec. 6911. Offenses by sentinel or lookout.
Sec. 6912. Disrespect toward sentinel or lookout.
Sec. 6913. Release of prisoner without authority; drinking with
prisoner.
Sec. 6914. Penalty for acting as a spy.
Sec. 6915. Public records offenses.
Sec. 6916. False or unauthorized pass offenses.
Sec. 6917. Impersonation offenses.
Sec. 6918. Insignia offenses.
Sec. 6919. False official statements; false swearing.
Sec. 6920. Parole violation.
Sec. 6921. Wrongful taking, opening, etc. of mail matter.
Sec. 6922. Improper hazarding of vessel or aircraft.
Sec. 6923. Leaving scene of vehicle accident.
Sec. 6924. Drunkenness and other incapacitation offenses.
Sec. 6925. Lower blood alcohol content limits for conviction of drunken
or reckless operation of vehicle, aircraft,
or vessel.
Sec. 6926. Endangerment offenses.
Sec. 6927. Communicating threats.
Sec. 6928. Technical amendment relating to murder.
Sec. 6929. Child endangerment.
Sec. 6930. Deposit of obscene matter in the mail.
Sec. 6931. Fraudulent use of credit cards, debit cards, and other
access devices.
Sec. 6932. False pretenses to obtain services.
Sec. 6933. Robbery.
Sec. 6934. Receiving stolen property.
Sec. 6935. Offenses concerning government computers.
Sec. 6936. Bribery.
Sec. 6937. Graft.
Sec. 6938. Kidnapping.
Sec. 6939. Arson; burning property with intent to defraud.
Sec. 6940. Assault.
Sec. 6941. Burglary and unlawful entry.
Sec. 6942. Stalking.
Sec. 6943. Subornation of perjury.
Sec. 6944. Obstructing justice.
Sec. 6945. Misprision of serious offense.
Sec. 6946. Wrongful refusal to testify.
Sec. 6947. Prevention of authorized seizure of property.
Sec. 6948. Wrongful interference with adverse administrative
proceeding.
Sec. 6949. Retaliation.
Sec. 6950. Extraterritorial application of certain offenses.
Sec. 6951. Table of sections.
TITLE LXX--MISCELLANEOUS PROVISIONS
Sec. 7001. Technical amendment relating to courts of inquiry.
Sec. 7002. Technical amendment to article 136.
Sec. 7003. Articles of Uniform Code of Military Justice to be explained
to officers upon commissioning.
Sec. 7004. Military justice case management; data collection and
accessibility.
Sec. 7005. Return of Certain Lands At Fort Wingate to The Original
Inhabitants Act.
TITLE LXXI--MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS
Sec. 7101. Military justice review panel.
Sec. 7102. Annual reports.
TITLE LXXII--CONFORMING AMENDMENTS AND EFFECTIVE DATES
Sec. 7201. Amendments to UCMJ subchapter tables of sections.
Sec. 7202. Effective dates.
TITLE LXXIII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT
Sec. 7301. Short title.
Sec. 7302. Recognition of the suffering and loyalty of the residents of
Guam.
Sec. 7303. Guam World War II Claims Fund.
Sec. 7304. Payments for Guam World War II claims.
Sec. 7305. Adjudication.
Sec. 7306. Grants program to memorialize the occupation of Guam during
World War II.
Sec. 7307. Authorization of appropriations.
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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
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. 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
containing--
(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.
SEC. 114. FUNDING FOR SURFACE-TO-AIR MISSILE SYSTEM.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
procurement, as specified in the corresponding funding table in section
4101, for missile procurement, Army, surface-to-air missile system, MSE
missile (Line 002) is hereby increased by $82,400,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
Department of Energy national security programs, as specified in the
corresponding funding table in section 4701, for Defense Nuclear
Nonproliferation, Defense Nuclear Nonproliferation Programs, Defense
Nuclear Nonproliferation R&D, Material management and minimization is
hereby reduced by $82,400,000.
Subtitle C--Navy Programs
SEC. 121. PROCUREMENT AUTHORITY FOR AIRCRAFT CARRIER PROGRAMS.
(a) Procurement Authority in Support of Construction of Ford Class
Aircraft Carriers.--
(1) Authority for economic order quantity.--The Secretary
of the Navy may procure materiel and equipment in support of
the construction of the Ford class aircraft carriers designated
CVN-80 and CVN-81 in economic order quantities when cost
savings are achievable.
(2) Liability.--Any contract entered into under 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 total
liability to the Government for termination of any contract
entered into shall be limited to the total amount of funding
obligated at time of termination.
(b) Refueling and Complex Overhaul of Nimitz Class Aircraft
Carriers.--
(1) In general.--The Secretary of the Navy may carry out
the nuclear refueling and complex overhaul of each of the
following Nimitz class aircraft carriers:
(A) U.S.S. George Washington (CVN-73).
(B) U.S.S. John C. Stennis (CVN-74).
(C) U.S.S. Harry S. Truman (CVN-75).
(D) U.S.S. Ronald Reagan (CVN-76).
(E) U.S.S. George H.W. Bush (CVN-77).
(2) Use of incremental funding.--With respect to any
contract entered into under paragraph (1) for the nuclear
refueling and complex overhaul of a Nimitz class aircraft
carrier, the Secretary may use incremental funding for a period
not to exceed six years after advance procurement funds for
such nuclear refueling and complex overhaul effort are first
obligated.
(3) Condition for out-year contract payments.--Any contract
entered into under paragraph (1) 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 that
later fiscal year.
SEC. 122. SENSE OF CONGRESS ON AIRCRAFT CARRIER PROCUREMENT SCHEDULES.
(a) Findings.--Congress finds the following:
(1) 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.
(2) 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''.
(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 Ford
class aircraft carrier designated CVN-81 in fiscal year
2022; and
(B) program the required advance procurement
activities to accommodate the construction of such
carrier.
SEC. 123. DESIGN AND CONSTRUCTION OF LHA REPLACEMENT SHIP DESIGNATED
LHA 8.
(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 LHA Replacement ship designated LHA 8
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.
SEC. 124. 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.
SEC. 125. SHIP TO SHORE CONNECTOR PROGRAM.
(a) Contract Authority.--Notwithstanding section 2306b of title 10,
United States Code, the Secretary of the Navy may enter into a contract
to procure up to 45 Ship to Shore Connector craft.
(b) Liability.--Any contract entered into under subsection (a)
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 termination of any contract entered into shall be
limited to the total amount of funding obligated at time of
termination.
SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR LITTORAL COMBAT SHIP
OR SUCCESSOR FRIGATE.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 for the Navy shall be
used to select only a single contractor for the construction of the
Littoral Combat Ship or any successor frigate class ship program until
the Secretary of the Navy certifies to the congressional defense
committees that such selection of a single contractor will be
conducted--
(1) using competitive procedures; and
(2) for the limited purpose of awarding a contract for--
(A) an engineering change proposal for a frigate
class ship; or
(B) the construction of a frigate class ship.
SEC. 127. 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 regarding future capabilities for 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 possible upgrades by the Navy to the
sensors onboard the aircraft, including intelligence,
surveillance, and reconnaissance sensors currently being
fielded on Air Force platforms.
(2) An assessment of the ability of the Navy to use long-
range multispectral imaging systems onboard the aircraft.
Subtitle D--Air Force Programs
SEC. 131. 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).
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 CERTAIN RETIRED F-117
AIRCRAFT.
Section 136 of the 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. 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. 136. REPORT ON COST OF B-21 AIRCRAFT.
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 report on the cost of the B-21 aircraft. The report shall
include an estimate of the total cost of research, production, and
maintenance for the aircraft expressed in constant base-year dollars
and in current dollars.
SEC. 137. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF U-2
AIRCRAFT.
None of the funds authorized to be appropriated by this Act or
otherwise made available 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 U-2 aircraft.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 141. TERMINATION OF QUARTERLY REPORTING ON USE OF COMBAT MISSION
REQUIREMENTS FUNDS.
Section 123(a)(1) 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 by inserting ``ending on or before September 30,
2018'' after ``each fiscal quarter''.
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. 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, including
an identification of munitions requirements, an assessment of munitions
gaps and shortfalls, and necessary munitions investments. Such strategy
shall cover the 10-year period beginning with 2016.
(b) Elements.--The report on munitions strategy required by
subsection (a) shall include the following:
(1) An identification of current and projected munitions
requirements, by class or type.
(2) An assessment of munitions gaps and shortfalls,
including a census of current munitions capabilities and
programs, not including ammunition.
(3) A description of current and planned munitions
programs, including with respect to procurement; research,
development, test, and evaluation; and deployment activities.
(4) Schedules, estimated costs, and budget plans for
current and planned munitions programs.
(5) Identification of opportunities and limitations within
the associated industrial base.
(6) Identification and evaluation of technology needs and
applicable emerging technologies.
(7) An assessment of how current and planned munitions
programs, and promising technologies, may affect existing
operational concepts and capabilities of the military
departments or lead to new operational concepts and
capabilities.
(8) An assessment of programs and capabilities by other
countries to counter the munitions programs and capabilities of
the Armed Forces, not including with respect to ammunition, and
how such assessment affects the munitions strategy of each
military department.
(9) 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
Department of Defense policy on cluster munitions and
unintended harm to civilians.
(10) Any other matters the Secretary determines
appropriate.
(c) Form.--The report under subsection (a) may be submitted in
classified or unclassified form.
SEC. 144. 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. 145. 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 present to the congressional defense
committees a briefing on the acquisition strategy for the Ground
Mobility Vehicle for use with the Global Response Force.
(b) Elements.--The briefing under subsection (a) shall include an
assessment of--
(1) whether the Ground Mobility Vehicle is a suitable
candidate for solutions that would utilize militarized
commercial off-the-shelf platforms leveraging existing global
automotive supply chains to satisfy requirements and reduce the
life-cycle cost of the program;
(2) whether the acquisition strategy meets the focus areas
specified in the Better Buying Power initiative of the
Secretary of Defense; and
(3) whether including an active safety system like
electronic stability control in the Ground Mobility Vehicle, as
such system is used on the Joint Light Tactical Vehicle, is
expected to reduce the risk of vehicle rollover.
SEC. 146. 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 each using
different variants of 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 variants of such ammunition.
(b) Standardization Requirement.--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 the same variant of
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 different variants of 5.56mm rifle
ammunition; and
(2) certifies to the congressional defense committees that
such a determination has been made.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
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 research output 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 and infrastructure.
(3) A panel on research strategy, technology transfer, and
industry partnerships.
(4) A panel on oversight, administrative, and regulatory
processes.
(c) Composition of Panels.--
(1) Each panel described in subsection (b) shall be
composed of not less than 4 members.
(2) Each panel described in paragraphs (1) through (3) of
subsection (b) shall 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 of the Department of
Defense as the Secretary determines to be appropriate.
(3) 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;
and
(D) 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) The panel described in subsection (b)(4) shall--
(A) oversee the activities of the panels described
in paragraphs (1) through (3) of subsection (b);
(B) determine the subject matter to be considered
by the panels; and
(C) provide the recommendations of the panels to
the Secretary.
(e) Personnel Demonstration Project Authority.--Section 342(b) of
the National Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2721) (as amended by section 1114(a)(2)(C) of the
National Defense Authorization Act for Fiscal Year 2001 (Public Law
106-398; 114 Stat. 1654A-315)) is amended by adding at the end the
following new paragraph:
``(4) In carrying out this subsection, the Secretary shall
act through the Assistant Secretary of Defense for Research and
Engineering.''.
(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).
SEC. 212. MECHANISMS TO PROVIDE FUNDS FOR DEFENSE LABORATORIES FOR
RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR MILITARY
MISSIONS.
Section 219 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 2358 note), as most
recently amended by section 262 of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66), is amended--
(1) in subsection (a)(1), by striking ``not more than'';
and
(2) by amending subsection (d) to read as follows:
``(d) Special Rule.--For purposes of this section, a federally
funded research and development center shall be considered a defense
laboratory if the center is sponsored by the Department of Defense.''.
SEC. 213. 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 5
years after the date of the enactment of this Act.
SEC. 214. 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) 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) 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 ``covered facility'' means any facility of the
Department of Defense that produces biological select agents
and toxins.
(2) 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.
SEC. 215. MODERNIZATION OF SECURITY CLEARANCE INFORMATION TECHNOLOGY
ARCHITECTURE.
(a) In General.--The Secretary of Defense, in consultation with the
Director of National Intelligence and the Director of the Office of
Personnel Management, shall develop and implement an information
technology system (in this section referred to as the ``System'') to--
(1) modernize and sustain the security clearance
information architecture of the National Background
Investigations Bureau and the Department of Defense;
(2) support decision-making processes for the evaluation
and granting of personnel security clearances;
(3) improve cyber security capabilities with respect to
sensitive security clearance data and processes;
(4) reduce the complexity and cost of the security
clearance process;
(5) provide information to managers on the financial and
administrative costs of the security clearance process;
(6) strengthen the ties between counterintelligence and
personnel security communities; and
(7) improve system standardization in the security
clearance process.
(b) Guidance Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in consultation
with the Director of National Intelligence and the Director of the
Office of Personnel Management, shall issue guidance establishing the
respective roles, responsibilities, and obligations of the Secretary
and Directors with respect to the development and implementation of the
System.
(c) Elements of System.--In developing the System under subsection
(a), the Secretary shall--
(1) 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;
(2) conduct business process mapping (as such term is
defined in section 2222(i) of title 10, United States Code) of
the business processes described in paragraph (1);
(3) use spiral development and incremental acquisition
practices to rapidly deploy the System, including through the
use of prototyping and open architecture principles;
(4) establish a process to identify and limit interfaces
with legacy systems and to limit customization of any
commercial information technology tools used;
(5) establish automated processes for measuring the
performance goals of the System; and
(6) incorporate capabilities for the continuous monitoring
of network security and the mitigation of insider threats to
the System.
(d) Completion Date.--The Secretary shall complete the development
and implementation of the System by not later than September 30, 2019.
(e) Briefing.--Beginning on December 1, 2016, and on a quarterly
basis thereafter until the completion date of the System under
subsection (d), the Secretary of Defense shall provide a briefing to
the Committees on Armed Services of the Senate and House of
Representatives (and other appropriate congressional committees on
request) on the progress of the Secretary in developing and
implementing the System.
(f) 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. 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 House of Representatives (and other appropriate
congressional committees on request) a briefing that includes--
(1) the results of the review; and
(2) 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.
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Select Committee on Intelligence, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Oversight and Government Reform, and the Committee
on Appropriations of the House of Representatives.
SEC. 216. PROHIBITION ON AVAILABILITY OF FUNDS FOR COUNTERING WEAPONS
OF MASS DESTRUCTION SYSTEM CONSTELLATION.
(a) Prohibitions.--None 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.
(b) Review.--The Chief Information Officer of the Department of
Defense, in consultation with the Director of the Defense Information
Systems Agency, shall review the requirements and program plan for
research, development, and prototyping for the Constellation system.
(c) Report Required.--Not later than February 1, 2017, the Chief
Information Officer of the Department of Defense, in consultation with
the Director of the Defense Information Systems Agency, shall submit to
the congressional defense committees a report on the review under
subsection (b). Such report shall include the following, with respect
to the Constellation system:
(1) 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.
(2) 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.
(3) A description of major developmental milestones and
decision points for additional prototypes needed to establish
the full capabilities of the system, including a timeline and
detailed metrics and criteria for each such milestone and
decision point.
(4) 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.
(5) 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.
(6) A cost estimate for the full life-cycle cost to
complete the Constellation system.
SEC. 217. LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSE INNOVATION
UNIT EXPERIMENTAL.
(a) Limitation.--Of the funds specified in subsection (c), not more
than 80 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).
(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 governance structure of the Unit;
(B) the metrics used to measure the effectiveness
of the Unit;
(C) the process for coordinating and deconflicting
the activities of the Unit with similar activities of
the 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;
(D) the direct staffing requirements of the Unit,
including a description of the desired skills and
expertise of such staff;
(E) the number of civilian and military personnel
provided by the military departments and Defense
Agencies to support the Unit;
(F) 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;
(G) how compliance with Department of Defense
requirements could affect the ability of such
nontraditional defense contractors to market products
and obtain funding; and
(H) how to treat intellectual property that has
been developed with little or no government funding.
(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. 218. LIMITATION ON AVAILABILITY OF FUNDS FOR TACTICAL COMBAT
TRAINING SYSTEM INCREMENT II.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for the Tactical Combat Training
System Increment II of the Navy, not more than 80 percent may be
obligated or expended until the Secretary of the Navy and the Secretary
of the Air Force submit to the congressional defense committees the
report required by section 235 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 780).
SEC. 219. RESTRUCTURING OF THE DISTRIBUTED COMMON GROUND SYSTEM OF THE
ARMY.
(a) In General.--Not later than 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 any component of the
system for which there is commercial 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.
(b) Limitation.--The Secretary of the Army shall not award any
contract for the development of any capability for the distributed
common ground system of the Army if such a capability is available for
purchase on the commercial market, except for minor capabilities that
are incidental to and necessary for the proper functioning of a major
component of the system.
SEC. 220. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFICIAL WITH
PRINCIPAL RESPONSIBILITY FOR DIRECTED ENERGY WEAPONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall--
(1) 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; and
(2) set forth the responsibilities of that senior official
with respect to such programs.
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, 2020.
(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 and investments in
science and technology.
(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 the strategy developed under subsection (a). The
strategy shall be submitted in unclassified form, but may include a
classified annex.
(d) Directive Required.--Not later than September 30, 2020, 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) Certification.--Not later than September 30, 2020, the
Secretary of the Defense shall certify to the congressional defense
committees that--
(1) the strategy developed under subsection (a) has been
implemented; and
(2) 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) Definition.--In this section, 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 shall 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 LABORATORIES AND
TEST AND EVALUATION CENTERS OF THE DEPARTMENT OF DEFENSE.
(a) In General.--The Assistant Secretaries shall jointly carry out
a pilot program to demonstrate methods for the more effective
development of research, development, test, and evaluation functions.
(b) Selection and Priority.--The Assistant Secretaries shall
jointly select not more than one laboratory and one test and evaluation
center from each of the military services to participate in the pilot
program under subsection (a).
(c) Participation in Program.--
(1) In general.--Subject to paragraph (2), the director of
a laboratory or test and evaluation center selected under
subsection (b) shall propose and implement alternative and
innovative methods of 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 per dollar of cost;
and
(B) enable more rapid deployment of warfighter
capabilities.
(2) Implementation.--The director shall implement each
method proposed under paragraph (1) unless such method is
disapproved by the Assistant Secretary concerned.
(d) Waiver Authority for Demonstration and Implementation.--Until
the termination of the pilot program under subsection (f), the director
of a laboratory or test and evaluation center selected under subsection
(b) may waive any restriction or departmental instruction that would
affect the implementation of a method proposed under subsection (c),
unless such implementation would be prohibited by Federal law.
(e) Minimum Participation Requirement.--Each laboratory or test and
evaluation center selected under subsection (b) shall participate in
the pilot program under subsection (a) for a period of not fewer than
six years beginning not later than 180 days after the date of the
enactment of this Act.
(f) Termination.--The pilot program under subsection (a) shall
terminate on the date determined appropriate by the Secretary of
Defense that is on or after the end of the six-year period described in
subsection (e).
(g) Assistant Secretary Defined.--In this section, the term
``Assistant Secretary'' means--
(1) the Assistant Secretary of the Air Force for
Acquisition, with respect to a working capital fund institution
of the Air Force;
(2) the Assistant Secretary of the Army for Acquisition,
Technology, and Logistics, with respect to a working capital
fund institution of the Army; and
(3) the Assistant Secretary of the Navy for Research,
Development, and Acquisition, with respect to a working capital
fund institution of the Navy.
SEC. 234. PILOT PROGRAM ON MODERNIZATION OF ELECTROMAGNETIC SPECTRUM
WARFARE SYSTEMS AND ELECTRONIC WARFARE SYSTEMS.
(a) Pilot Program.--
(1) In general.--The Secretary of Defense may carry out a
pilot program on the modernization 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
237(b)(4) a total of five electromagnetic spectrum warfare
systems and electronic warfare systems across at least two
military departments that are currently in sustainment for
modernization under the pilot program.
(b) 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. 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. 236. 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 House of Representatives (and 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. 237. REPORT ON ELECTRONIC WARFARE CAPABILITIES.
(a) Report 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 report on the electronic warfare
capabilities of the Department of Defense.
(b) Elements.--The report under 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 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) The training and operational support required for
fielding and sustaining current and planned investments in
electronic warfare capabilities.
(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) Progress on increasing innovative electromagnetic
spectrum warfighting methods and operational concepts that
provide advantages within the electromagnetic spectrum
operational domain.
(6) Specific attributes needed in future electronic warfare
capabilities, such as networking, adaptability, agility,
multifunctionality, and miniaturization, and progress toward
incorporating such attributes in new electronic warfare
systems.
(7) Capability gaps with respect to asymmetric and near-
peer adversaries identified pursuant to a capability gap
assessment.
(8) A joint strategy on achieving near real-time system
adaption to rapidly advancing modern digital electronics.
(9) Any other information the Secretary determines to be
appropriate.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
TITLE III--OPERATION AND MAINTENANCE
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.
SEC. 302. INCREASE IN FUNDING FOR CIVIL MILITARY PROGRAMS.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
operation and maintenance, Defense-wide, as specified in the
corresponding funding table in section 4301, for Civil Military
Programs is hereby increased by $15,000,000 (to be used in support of
the National Guard Youth Challenge Program).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
operation and maintenance, Defense-wide, as specified in the
corresponding funding table in section 4301, for Operation and
Maintenance, Defense-wide is hereby reduced by $15,000,000.
Subtitle B--Energy and Environment
SEC. 311. RULE OF CONSTRUCTION REGARDING ALTERNATIVE FUEL PROCUREMENT
REQUIREMENT.
Section 526 of the Energy Independence and Security Act of 2007
(Public Law 110-140; 42 U.S.C. 17142) is amended by adding at the end
the following: ``This provision shall not be construed as a constraint
on any conventional or unconventional fuel procurement necessary for
military operations, including for test and certification purposes.''.
SEC. 312. PRODUCTION AND USE OF NATURAL GAS AT FORT KNOX.
(a) Production and Use of Natural Gas at Fort Knox.--Chapter 449 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 4781. Natural gas: production, treatment, management, and use at
Fort Knox, Kentucky
``(a) Authority.--(1) The Secretary of the Army may provide for the
production, treatment, management, and use of natural gas located under
Fort Knox, Kentucky, without regard to section 3 of the Mineral Leasing
Act for Acquired Lands (30 U.S.C. 352).
``(2) The Secretary is authorized to enter into a contract with an
appropriate entity to carry out paragraph (1).
``(b) Limitation on Uses.--Any natural gas produced under
subsection (a) may be used only to support activities and operations at
Fort Knox and may not be sold for use elsewhere.
``(c) Ownership of Facilities.--The Secretary of the Army may take
ownership of any gas production and treatment equipment and facilities
and associated infrastructure from an entity with which the Secretary
has entered into a contract under subsection (a) in accordance with the
terms of the contract.
``(d) Applicability.--The authority of the Secretary of the Army
under this section is effective as of August 2, 2007.''.
(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. Natural gas: production, treatment, management, and use at Fort
Knox, Kentucky.''.
SEC. 313. ALTERNATIVE TECHNOLOGIES FOR MUNITIONS DISPOSAL.
In carrying out the disposal of munitions in the stockpile of
conventional ammunition awaiting demilitarization and disposal
(commonly referred to as munitions in the ``B5A account'') the
Secretary of the Army shall consider using 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. 314. SENSE OF CONGRESS.
It is the Sense of Congress that the Department of Defense should
work with State and local health officials to prevent human exposure to
perfluorinated chemicals.
SEC. 315. PROHIBITION ON CARRYING OUT CERTAIN AUTHORITIES RELATING TO
CLIMATE CHANGE.
(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 carry out the
provisions described in subsection (b).
(b) Provisions.--The provisions described in this subsection are
the following:
(1) Sections 2, 3, 4, 5, 6(b)(iii), and 6(c) of Executive
Order 13653 (78 Fed. Reg. 66817, relating to preparing the
United States for the impacts of climate change).
(2) Sections 2, 3, 7, 8, 9, 10, 11, 12, 13, 14, and 15(b)
of Executive Order 13693 (80 Fed. Reg. 15869, relating to
planning for Federal sustainability in the next decade).
Subtitle C--Logistics and Sustainment
SEC. 321. 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 shall treat a Government-owned,
contractor-operated industrial plant of the Department of the Army as
an eligible facility under section 4551(2) of title 10, United States
Code.
SEC. 322. 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 (d), 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) Sense of Congress.--It is the Sense of Congress that the
Secretary should implement measures to minimize workload fluctuations
at covered ports to stabilize the private sector workforce and reduce
the cost of maintenance availabilities.
(d) Briefings Required.--Not later than October 1, 2016, 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.
(e) 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. 323. LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSE CONTRACT
MANAGEMENT AGENCY.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for the operation
of the Defense Contract Management Agency, not more than 90 percent may
be obligated or expended in fiscal year 2017 until the Director of the
agency provides to the congressional defense committees the briefing
under subsection (b).
(b) Briefing.--The Director of the Defense Contract Management
Agency shall provide to the Committees on Armed Services of the Senate
and House of Representatives (and other congressional defense
committees on request) a briefing that includes the following:
(1) A plan describing how the agency will foster the
adoption, implementation, and verification of item-unique
identification standards for tangible personal property across
the Department of Defense and the defense industrial base (as
prescribed under Department of Defense Instruction 8320.04).
(2) A description of the policies, procedures, staff
training, and equipment needed to--
(A) ensure contract compliance with item-unique
identification standards for all items that require
unique item-level traceability at any time in their
life cycle;
(B) support counterfeit material risk reduction;
and
(C) provide for the systematic assessment and
accuracy of item-unique identification marks.
Subtitle D--Reports
SEC. 331. MODIFICATION OF ANNUAL DEPARTMENT OF DEFENSE ENERGY
MANAGEMENT REPORTS.
(a) Modification of Annual Report Related to Installations Energy
Management.--Subsection (a) of section 2925 of title 10, United States
Code, is amended to read as follows:
``(a) Annual Report Related to Installations Energy Management.--
Not later than 120 days after the end of each fiscal year ending before
January 31, 2021, the Secretary of Defense shall submit to the
congressional defense committees an installation energy report
detailing the fulfillment during that fiscal year of the energy
performance goals for the Department of Defense under section 2911 of
this title. Each report shall contain the following:
``(1) The energy performance goals for the Department of
Defense with respect to transportation systems, support
systems, utilities, and infrastructure and facilities for the
fiscal year covered by the report and the next 5, 10, and 20
fiscal years, including any changes to such energy performance
goals since the submission of the previous report under this
section.
``(2) A master plan for the achievement of the energy
performance goals of the Department of Defense, as such goals
are set forth in any laws, regulations, executive orders, or
Department of Defense policies, including--
``(A) a separate plan for each military department
and Defense Agency;
``(B) a standard for the measurement of energy
consumed by transportation systems, support systems,
utilities, and facilities and infrastructure, applied
consistently across the military departments;
``(C) a methodology for measuring reductions in
energy consumption that accounts for changes--
``(i) in the sizes of fleets; and
``(ii) in the number and overall square
footage of facility plants;
``(D) standards to track annual progress in meeting
energy performance goals;
``(E) a description of any requirements and
proposed investments relating to energy performance
goals included in the materials submitted in support of
the budget of the President (as submitted to Congress
under section 1105(a) of title 31) for the fiscal year
covered by the report; and
``(F) a description of any energy savings resulting
from the implementation of the master plan or any other
energy performance measures.
``(3) A table listing all energy projects financed through
third party financing mechanisms (including energy savings
performance contracts, enhanced use leases, utility energy
service contracts, utility privatization agreements, and other
contractual mechanisms), including--
``(A) the duration of each such mechanism, an
estimate of the financial obligation incurred through
the duration of each such mechanism, whether the
project incorporates energy security into its design,
and the estimated payback period for each such
mechanism; and
``(B) any renewable energy certificates relating to
the project, including the purchasing authority for the
certificates, the price of the certificates, and
whether the certificates were bundled or unbundled.
``(4) A description of the types and quantities of energy
consumed by the Department of Defense and by members of the
armed forces and civilian personnel residing or working on
military installations during the fiscal year covered by the
report, including a breakdown of energy consumption by--
``(A) user group;
``(B) the type of energy consumed, including the
quantities of any renewable energy consumed that was
produced or procured by the Department of Defense; and
``(C) the cost of the energy consumed.
``(5) A description of the types and amount of financial
incentives received under section 2913 of this title during the
preceding fiscal year and the appropriation account or accounts
to which the incentives were credited.
``(6) A description and estimate of the progress made by
the military departments in meeting the certification
requirements for sustainable green-building standards in
construction and major renovations as required by section 433
of the Energy Independence and Security Act of 2007 (Public Law
110-140; 121 Stat. 1612).
``(7) Details of utility outages at military installations,
including the total number and locations of outages, the
financial impact of the outages, and measures taken to mitigate
outages in the future at the affected locations and across the
Department of Defense.
``(8) A description of any other issues and strategies the
Secretary determines relevant to a comprehensive and renewable
energy policy.''.
(b) Modification of Annual Report Related to Operational Energy.--
Subsection (b) of section 2925 of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``138c of this title''
and inserting ``2926(b) of this title''; and
(2) in paragraph (2), by adding at the end the following
new subparagraph:
``(H) The comments and recommendations of the Assistant
Secretary under section 2926(c) of this title, including the
certification required under paragraph (3) of such section.''.
(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 required to be submitted under section 2925 of title
10, United States Code, after such date.
SEC. 332. REPORT ON EQUIPMENT PURCHASED FROM FOREIGN ENTITIES AND
AUTHORITY TO ADJUST ARMY ARSENAL LABOR RATES.
(a) Report Required.--Not later than 30 days after the date on
which the budget of the President for fiscal year 2018 is submitted to
Congress pursuant to section 1105 of title 31, Unites States Code, the
Secretary of Defense shall submit to the congressional defense
committees a report on the equipment, weapons, weapons systems,
components, subcomponents, and end-items purchased from foreign
entities that identifies those items which could be manufactured in the
military arsenals of the United States or the military depots of the
United States to meet the goals of this section or section 2464 of
title 10, United States Code, as well as a plan for moving that
workload into such arsenals or depots.
(b) Elements.--The report under subsection (a) shall include each
of the following:
(1) A list of items identified in the report required under
section 333 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 792) and a list
of any items purchased from foreign manufacturers after the
date of the submission of such report that are--
(A) described in section 8302(a)(1) of title 41,
United States Code, and purchased from a foreign
manufacturer by reason of an exception under section
8302(a)(2)(A) or section 8302(a)(2)(B) of such title;
(B) described in section 2533b(a)(1) of title 10,
United States Code, and purchased from a foreign
manufacturer by reason of an exception under section
2533b(b); and
(C) described in section 2534(a) of such title and
purchased from a foreign manufacturer by reason of a
waiver exercised under paragraph (1), (2), (4), or (5)
of section 2534(d) of such title.
(2) An assessment of the skills required to manufacture the
items described in paragraph (1) and a comparison of those
skills with skills required to meet the critical capabilities
identified in the report of the Army to Congress on Critical
Manufacturing Capabilities and Capacities, dated August 2013,
and the core logistics capabilities identified by each military
service pursuant to section 2464 of title 10, United States
Code, as of the date of the enactment of this Act.
(3) An identification of the tooling, equipment, and
facilities upgrades necessary for a military arsenal or depot
to manufacture items described in paragraph (1).
(4) An identification of items described in paragraph (1)
most appropriate for transfer to military arsenals or depots to
meet the goals of this section or the requirements of section
2464 of title 10, United States Code.
(5) An explanation of the rationale for continuing to sole-
source the manufacturing of items described in paragraph (1)
from a foreign source rather than a military arsenal, depot, or
other organic facility.
(6) Such other information the Secretary determines to be
appropriate.
(c) Authority to Adjust Labor Rates to Reflect Work Production.--
(1) In general.--Not later than March 1, 2017, the
Secretary of Defense shall establish a two-year pilot program
for the purpose of permitting the Army arsenals to adjust
periodically, throughout the year, their labor rates charged to
customers based upon changes in workload and other factors.
(2) Briefing.--Not later than May 1, 2019, the Secretary of
Defense shall provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing that
assesses--
(A) each Army arsenal's changes in labor rates
throughout the previous year;
(B) the ability of each arsenal to meet the costs
of their working-capital funds; and
(C) the effect on arsenal workloads of labor rate
changes.
SEC. 333. 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 Secretary of Defense shall submit to Congress 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.
Subtitle E--Other Matters
SEC. 341. EXPLOSIVE ORDNANCE DISPOSAL CORPS.
Section 3063 of title 10, United States Code, is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following new
paragraph (13):
``(13) Explosive Ordnance Disposal Corps; and''.
SEC. 342. EXPLOSIVE ORDNANCE DISPOSAL PROGRAM.
(a) In General.--Chapter 136 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2283. Explosive ordnance disposal program
``(a) In General.--The Secretary of Defense shall carry out a
program to be known as the `Explosive Ordnance Disposal Program' (in
this section referred to as the `Program') under which the Secretary
shall ensure close and continuous coordination between the military
departments on matters relating to explosive ordnance disposal.
``(b) Roles, Responsibilities, and Authorities.--In carrying out
the Program under subsection (a)--
``(1) the Secretary of Defense shall--
``(A) assign responsibility for the coordination
and integration of explosive ordnance disposal to a
single office or entity in the Office of the Secretary
of Defense;
``(B) designate the Secretary of the Navy, or a
designee of the Secretary's choice, 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 with respect to explosive ordnance
disposal; and
``(C) exercise oversight over explosive ordnance
disposal through the Defense Acquisition Board process;
and
``(2) 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.
``(c) Annual Budget Justification Documents.-- (1) 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
budget justification display, in classified and unclassified form, that
covers all activities of Department of Defense relating to the Program.
``(2) The budget display under paragraph (1) for a fiscal year
shall include a single program element for each of the following:
``(A) Research, development, test, and evaluation.
``(B) Procurement.
``(C) Military construction.
``(d) Management Review.--(1) The Secretary of Defense, acting
through the Office of the Secretary of Defense assigned responsibility
for the coordination and integration of explosive ordnance disposal
under subsection (b)(1)(A), shall conduct a review of the management
structure of the Program, including--
``(A) research, development, test, and evaluation;
``(B) procurement;
``(C) doctrine development;
``(D) policy;
``(E) training;
``(F) development of requirements;
``(G) readiness; and
``(H) risk assessment.
``(2) Not later than May 1, 2018, 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 described in paragraph (1);
and
``(B) a description of any measures undertaken to improve
joint coordination and oversight of the Program and ensure a
coherent and effective approach to its management.
``(e) Definitions.--In this section:
``(1) 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) 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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2283. Explosive ordnance disposal program.''.
SEC. 343. EXPANSION OF DEFINITION OF STRUCTURES INTERFERING WITH AIR
COMMERCE AND NATIONAL DEFENSE.
(a) Notice.--Section 44718(a) of title 49, United States Code, 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 ``; or''; and
(3) by adding at the end the following:
``(3) the interests of national security, as determined by
the Secretary of Defense.''.
(b) 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 unacceptable
risk to the national security of the United States, the
Secretary shall conduct an aeronautical study to decide the
extent of such impacts 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 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).''.
(c) National Security Finding; Definition.--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) Unacceptable Risk to National Security of United States
Defined.--In this section, 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.''.
(d) Conforming Amendments.--
(1) Section heading.--Section 44718 of title 49, United
States Code, is amended in the section heading by inserting
``or national security'' after ``air commerce''.
(2) 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.''.
SEC. 344. DEVELOPMENT OF PERSONAL PROTECTIVE EQUIPMENT FOR FEMALE
MARINES AND SOLDIERS.
The Secretary of the Navy and the Commandant of the Marine Corps
shall work in coordination with the Secretary of the Army to develop,
not later than April 1, 2017, 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.
SEC. 345. 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; and
(D) drilling reserve component personnel traveling
to drilling locations.
(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; and
(B) unremarried widows and widowers of active or
reserve component members of the Armed Forces.
(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.
SEC. 346. SUPPLY OF SPECIALTY MOTORS FROM CERTAIN MANUFACTURERS.
To ensure that an adequate, competitive supply of custom designed
motors is available to the Department of Defense, particularly to meet
its replacement motor requirements for older equipment, and to protect
small businesses that supply such motors to the Department of Defense,
the requirements of section 431.25 of title 10, Code of Federal
Regulations, shall not be enforced against manufacturers of specialty
motors, whether characterized by the Department as special purpose or
definite purpose motors, provided that such manufacturers qualify as
small businesses and provided further that such manufacturers do not
also manufacture general purpose motors and provided further that such
manufacturers were in the business of manufacturing such motors on June
1, 2016.
SEC. 347. LIMITATION ON USE OF CERTAIN FUNDS UNTIL ESTABLISHMENT AND
IMPLEMENTATION OF REQUIRED PROCESS BY WHICH MEMBERS OF
THE ARMED FORCES MAY CARRY APPROPRIATE FIREARMS ON
MILITARY INSTALLATIONS.
Of the amounts 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, not more than 85 percent of
such amounts may be obligated or expended until the Secretary of
Defense establishes and implements 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. 348. MOTOR CARRIER SAFETY PERFORMANCE AND SAFETY TECHNOLOGY.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense, acting through the commander of the United States
Transportation Command, should reassess the guidelines for the
evaluation of motor carrier safety performance under the Transportation
Protective Services program taking into consideration 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''.
(b) Evaluation of Safety Technology.--To avoid catastrophic
accidents and exposure of material, the Secretary shall evaluate the
need for proven safety technology in vehicles transporting
Transportation Protective Services shipments, such as electronic
logging devices, roll stability control, forward collision avoidance,
lane departure warning systems, and speed limiters.
SEC. 349. BRIEFING ON WELL-DRILLING CAPABILITIES OF ACTIVE DUTY AND
RESERVE COMPONENTS.
(a) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives (and other congressional defense committees on request)
a briefing on the well-drilling capabilities of the active and reserve
components.
(b) Elements.--The briefing under subsection (a) shall include a
description of--
(1) the training requirements of active and reserve units
with well-drilling capabilities;
(2) the locations at which such units conduct training
relating to well-drilling; and
(3) the cost and feasibility of rotating the training
locations of such units to areas in the United States that are
affected by drought conditions.
SEC. 350. ACCESS TO WIRELESS HIGH-SPEED INTERNET AND NETWORK
CONNECTIONS FOR CERTAIN MEMBERS OF THE ARMED FORCES
DEPLOYED OVERSEAS.
Consistent with section 2492a of title 10, United States Code, the
Secretary of Defense is encouraged to enter into contracts with third-
party vendors in order to provide members of the Armed Forces who are
deployed overseas at any United States military facility, at which
wireless high-speed Internet and network connections are otherwise
available, with access to such Internet and network connections without
charge.
SEC. 351. SYSTEM FOR COMMUNICATING AVAILABILITY OF SURPLUS AMMUNITION.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall implement a formal process to
provide Government agencies outside the Department of Defense with
information on the availability of surplus, serviceable ammunition for
the purpose of reducing the overall storage and disposal costs related
to such ammunition.
SEC. 352. INCREASE IN FUNDING FOR NATIONAL GUARD COUNTER-DRUG PROGRAMS.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 1404 for drug interdiction and counter-drug activities, as
specified in the corresponding funding table in section 4501, for drug
interdiction and counter-drug activities, Defense-wide is hereby
increased by $30,000,000 (to be used in support of the National Guard
counter-drug programs).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D--
(1) the amount authorized to be appropriated for in section
101 for procurement, as specified in the corresponding funding
table in section 4101, for Aircraft Procurement, Navy, for
Common Ground Equipment (Line 064), is hereby reduced by
$20,000,000; and
(2) the amount authorized to be appropriated in section 201
for research, development, test, and evaluation, as specified
in the corresponding funding table in section 4201, for
advanced component development and prototypes, Advanced
Innovative Technologies (Line 095) is hereby reduced by
$10,000,000.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
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, 480,000.
(2) The Navy, 324,615.
(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, 480,000.
``(2) For the Navy, 324,615.
``(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, 350,000.
(2) The Army Reserve, 205,000.
(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).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 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.
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. SENSE OF CONGRESS ON FULL-TIME SUPPORT FOR THE ARMY NATIONAL
GUARD.
It is the sense of Congress that--
(1) 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;
(2) the full-time support force for the Army National Guard
is the primary mechanism through which the programs of the Army
and the Department of Defense are delivered to all 350,000
soldiers of the Army National Guard;
(3) reductions in active and reserve personnel and military
technicians since 2014, totaling 2401, have adversely impacted
the readiness of the Army National Guard;
(4) the growth in the full-time support force for the Army
National Guard since 2014 is due solely to validated
requirements originating before September 11, 2001, and not
war-time growth;
(5) funding for the full-time support force for the Army
National Guard has never exceeded 72 percent of the validated
requirement of the headquarters of the Department of the Army;
(6) the current size of the full-time support force for the
Army National Guard is the minimum required to maintain
foundational readiness requirements; and
(7) further reducing the size of the full-time support
force for the Army National Guard will have adverse and long-
lasting impacts on readiness.
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. 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. 502. 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 sections 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. 503. 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''.
Subtitle B--Reserve Component Management
SEC. 511. 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. 512. 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. 513. LIMITATIONS ON ORDERING SELECTED RESERVE TO ACTIVE DUTY FOR
PREPLANNED MISSIONS IN SUPPORT OF THE COMBATANT COMMANDS.
Section 12304b(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``only'' in the matter
preceding subparagraph (A);
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) In lieu of paragraph (1), units may be ordered to active duty
under this section if--
``(A) the manpower and associated costs of such active duty
has been identified by the Secretary concerned as an emerging
requirement in the year of execution; and
``(B) the Secretary concerned provides 30-day advance
notification to the congressional defense committees that
identifies the funds required to support the order, a
description of the mission for which the units will be ordered
to active duty, and the anticipated length of time of the order
of such units to active duty on an involuntary basis.''.
SEC. 514. EXEMPTION OF MILITARY TECHNICIANS (DUAL STATUS) FROM CIVILIAN
EMPLOYEE FURLOUGHS.
Section 10216(b)(3) of title 10, United States Code, is amended by
inserting after ``reductions'' the following: ``(including temporary
reductions by furlough or otherwise)''.
SEC. 515. ELECTRONIC TRACKING OF OPERATIONAL ACTIVE-DUTY SERVICE
PERFORMED BY MEMBERS OF THE READY RESERVE OF THE ARMED
FORCES.
The Secretary of Defense shall establish 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 tour calculator shall specify 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.
Subtitle C--General Service Authorities
SEC. 521. TECHNICAL CORRECTION 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)''.
SEC. 522. ENTITLEMENT TO LEAVE FOR ADOPTION OF CHILD BY DUAL MILITARY
COUPLES.
Section 701(i) of title 10, United States Code, is amended by
striking paragraph (3) and inserting the following new paragraph:
``(3) In the event that two members of the armed forces who are
married to each other adopt a child in a qualifying child adoption, the
two members shall be allowed a total of at least 36 days of leave under
this subsection, to be shared between the two members. The Secretary
concerned shall permit the transfer of such leave between the two
members to accommodate individual family circumstances.''.
SEC. 523. 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. 524. EXPANSION OF AUTHORITY TO EXECUTE CERTAIN MILITARY
INSTRUMENTS.
(a) Expansion of Authority to Execute Military Testamentary
Instruments.--
(1) In general.--Paragraph (2) of section 1044d(c) of title
10, United States Code, is amended to read as follows:
``(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;''.
(2) Clarification.--Paragraph (3) of such section is
amended 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.--
(1) In general.--Subsection (b) of section 1044a 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. 525. 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. 526. 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. 527. PILOT PROGRAM ON CONSOLIDATED ARMY RECRUITING.
(a) Pilot Program.--
(1) In general.--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. Under the pilot program, the recruiter
shall receive credit toward periodic enlistment goals for each
enlistment regardless of the component in which the individual
enlists.
(2) Duration.--The Secretary shall carry out the pilot
program for a period of not less than three years.
(b) Reports.--
(1) Interim report.--
(A) In general.--Not later than one year after the
date on which the pilot program under subsection (a)
commences, the Secretary shall submit to the Committee
on Armed Services of the House of Representatives 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.
(2) Final report.--Not later than 180 days after the date
on which the pilot program under subsection (a) is completed,
the Secretary shall submit to the committees specified in
paragraph (1)(A) a final report on the pilot program. Such
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.
SEC. 528. REPORT ON PURPOSE AND UTILITY OF REGISTRATION SYSTEM UNDER
MILITARY SELECTIVE SERVICE ACT.
(a) Report Required.--Not later than July 1, 2017, the Secretary of
Defense shall--
(1) submit to the Committees on Armed Services of the
Senate and the House of Representatives 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 a review of the procedures used by the Department of
Defense in evaluating selective service requirements.
SEC. 529. PARENTAL LEAVE FOR MEMBERS OF THE ARMED FORCES.
(a) Additional Parental Leave Authority.--
(1) Availability of parental leave.--Chapter 40 of title
10, United States Code, is amended by inserting after section
701 the following new section:
``Sec. 701a. Parental leave
``(a) Leave Authorized.--A member of the armed forces who is
performing active service may be allowed leave under this section for
each instance in which the member becomes a parent as a result of the
member's spouse giving birth.
``(b) Amount of Leave.--Leave under this section shall be at least
14 days, under regulations prescribed under this section by the
Secretary concerned.
``(c) Duration of Availability of Leave.--Leave under this section
is lost as follows:
``(1) If not used within one year of the date of the birth
giving rise to the leave.
``(2) If the member having the leave becomes entitled to
leave under this section with respect to a different child.
``(3) If not used before separation from active service.
``(d) Coordination With Other Leave Authorities.--Leave under this
section is in addition to any other leave and may not be deducted or
charged against other leave authorized by this chapter.
``(e) Regulations.--This section shall be carried out under
regulations prescribed by the Secretary concerned. Regulations
prescribed under this section by the Secretaries of the military
departments shall be as uniform as practicable and shall be subject to
approval by the Secretary of Defense.''.
(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 701 the
following new item:
``701a. Parental leave.''.
(3) Conforming amendment.--Subsection (j) of section 701 of
title 10, United States Code, is repealed.
(b) Coverage of Commissioned Officers of the Public Health
Service.--Section 221(a) of the Public Health Service Act (42 U.S.C.
213a(a)) is amended by adding at the end the following new paragraph:
``(19) Section 701(i) and 701a, Adoption Leave and Parental
Leave.''.
Subtitle D--Military Justice, Including Sexual Assault and Domestic
Violence Prevention and Response
SEC. 541. EXPEDITED REPORTING OF CHILD ABUSE AND NEGLECT TO STATE CHILD
PROTECTIVE SERVICES.
(a) Reporting by Military and Civilian Personnel of the Department
of Defense.--Section 1787 of title 10, United States Code, is amended--
(1) by redesignating subsections (a) and (b) as subsections
(c) and (d), respectively; and
(2) by inserting before subsection (c), as so redesignated,
the following new subsections:
``(a) Reporting by Military and Civilian Personnel.--A member of
the armed forces, civilian employee of the Department of Defense, or
contractor employee working on a military installation who is mandated
by Federal regulation or State law to report known or suspected
instances of child abuse and neglect shall provide the report directly
to State Child Protective Services or another appropriate State agency
in addition to the member's or employee's chain of command or any
designated Department point of contact.
``(b) Training for Mandated Reporters.--The Secretary of Defense
shall ensure that individuals referred to in subsection (a) who are
mandated by State law to report known or suspected instances of child
abuse and neglect receive appropriate training, in accordance with
State guidelines, intended to improve their--
``(1) ability to recognize evidence of child abuse and
neglect; and
``(2) understanding of the mandatory reporting requirements
imposed by law.''.
(b) Conforming and Clerical Amendments.--Section 1787 of title 10,
United States Code, is further amended--
(1) in subsection (c), as redesignated by subsection
(a)(1), by striking ``In General.--'' and inserting ``Reporting
by States.--''; and
(2) in subsection (d), as redesignated by subsection
(a)(1)--
(A) by striking ``(d) Definition.--In this section,
the term'' and inserting the following:
``(d) Definitions.--In this section:
``(1) The term''; and
(B) by adding at the end the following new
paragraph:
``(2) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, Guam, the Virgin Islands, American
Samoa, the Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau.''.
SEC. 542. EXTENSION OF THE REQUIREMENT FOR ANNUAL REPORT REGARDING
SEXUAL ASSAULTS AND COORDINATION WITH RELEASE OF FAMILY
ADVOCACY 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 ``January 31, 2021''; and
(2) by adding at the end the following new subsection:
``(g) Coordination of Release Date Between Annual Report Regarding
Sexual Assaults and Family Advocacy Report.--The Secretary of Defense
shall ensure that the report required under subsection (a) for a year
is delivered to the Committees on Armed Services of the Senate and
House of Representatives simultaneously with the Department of Defense
Family Advocacy Report for that year required by section 543 of the
National Defense Authorization Act for Fiscal Year 2017.''.
SEC. 543. 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 January 31, 2017, and annually thereafter through January 31,
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 Report Regarding
Sexual Assaults and Family Advocacy Program Report.--The Secretary of
Defense shall ensure that the sexual assault report required under
section 1631 of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note) is delivered
to the Committees on Armed Services of the House of Representatives and
the Senate simultaneously with the report required under this section.
SEC. 544. 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.--The Secretary of each 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 Survey.--The Secretary of each military department, in
consultation with the Chief of Staff of each Armed Force under the
jurisdiction of such Secretary, shall conduct an annual survey among
members of each Armed Force under the jurisdiction of such Secretary to
determine the following:
(1) The prevalence of hazing in the Armed Force.
(2) The effectiveness of training provided members of the
Armed Force to recognize and prevent hazing.
(3) The extent to which members of the Armed Force report,
including anonymously report, incidents of hazing.
(d) Annual Reports on Hazing.--
(1) Report required.--Not later than January 31 of each
year through January 31, 2021, the Secretary of each 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).
SEC. 545. BURDENS OF PROOF APPLICABLE TO INVESTIGATIONS AND REVIEWS
RELATED TO PROTECTED COMMUNICATIONS OF MEMBERS OF THE
ARMED FORCES AND PROHIBITED RETALIATORY ACTIONS.
(a) Burdens of Proof.--Section 1034 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) Burdens of Proof.--The burdens of proof specified in section
1221(e) of title 5 shall apply in any investigation conducted by an
Inspector General under subsection (c) or (d), any review performed by
a board for the correction of military records under subsection (g),
and any review conducted by the Secretary of Defense under subsection
(h).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 30 days after the date of the enactment
of this Act, and shall apply with respect to allegations pending or
submitted under section 1034 of title 10, United States Code, on or
after that date.
SEC. 546. IMPROVED INVESTIGATION OF ALLEGATIONS OF PROFESSIONAL
RETALIATION.
Section 1034(c)(4) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(F) The Secretary concerned shall ensure that any individual
investigating an allegation as described in paragraph (1) must have
training in the definition and characteristics of retaliation. In
addition, if the investigation involves alleged retaliation in response
to a communication regarding a violation of a law or regulation
prohibiting rape, sexual assault, or other sexual misconduct in
violation of sections 920 through 920c of this title (articles 120
through 120c of the Uniform Code of Military Justice), the training
shall include specific instruction regarding such violations.''.
SEC. 547. CAREER MILITARY JUSTICE LITIGATION TRACK FOR JUDGE ADVOCATES.
(a) Career Litigation Track Required.--
(1) In general.--The Secretary of each military department
shall establish a career military justice litigation track for
judge advocates in the Armed Forces under the jurisdiction of
the Secretary.
(2) Consultation.--The Secretary of the Army and the
Secretary of the Air Force shall establish the litigation track
required by this section in consultation with the Judge
Advocate General of the Army and the Judge Advocate General of
the Air Force, respectively. The Secretary of the Navy shall
establish the litigation track in consultation with the Judge
Advocate General of the Navy and the Staff Judge Advocate to
the Commandant of the Marine Corps.
(b) Elements.--Each career litigation track under this section
shall provide for the following:
(1) Assignment and advancement of qualified judge advocates
in and through assignments and billets relating to the practice
of military justice under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).
(2) Establishing for each Armed Force the assignments and
billets covered by paragraph (1), which shall include trial
counsel, defense counsel, military trial judge, military
appellate judge, academic instructor, all positions within
criminal law offices or divisions of such Armed Force, Special
Victims Prosecutor, Victims' Legal Counsel, Special Victims'
Counsel, and such other positions as the Secretary of the
military department concerned shall specify.
(3) For judge advocates participating in such litigation
track, mechanisms as follows:
(A) To prohibit a judge advocate from more than a
total of four years of duty or assignments outside such
litigation track.
(B) To prohibit any adverse assessment of a judge
advocate so participating by reason of such
participation in the promotion of officers through
grade O-6 (or such higher grade as the Secretary of the
military department concerned shall specify for
purposes of such litigation track).
(4) Such additional requirements and qualifications for the
litigation track as the Secretary of the military department
concerned considers appropriate, including requirements and
qualifications that take into account the unique personnel
needs and requirement of an Armed Force.
(c) Implementation Deadline.--Each Secretary of a military
department shall implement the career litigation track required by this
section for the Armed Forces under the jurisdiction of such Secretary
by not later than 18 months after the date of the enactment of this
Act.
(d) Report.--Not later than one year after the date of the
enactment of this Act, each Secretary of a military department shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the progress of such Secretary in
implementing the career litigation track required under this section
for the Armed Forces under the jurisdiction of such Secretary.
Subtitle E--Member Education, Training, and Transition
SEC. 561. REVISION TO 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) 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. ESTABLISHMENT OF ROTC CYBER INSTITUTES AT SENIOR MILITARY
COLLEGES.
(a) In General.--Chapter 103 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2111c. Senior military colleges: ROTC cyber institutes
``(a) Program Authorized.--The Secretary of Defense may establish
cyber institutes at each of the senior military colleges and each of
the Reserve Officer Training Corps institutions selected for
partnership by the cyber institutes at the individual service academies
for the purpose of accelerating the development of foundational
expertise in critical cyber operational skills for future military and
civilian leaders of the armed forces and the Department of Defense,
including such leaders of the reserve components.
``(b) Elements.--Each cyber institute established under this
section shall include each of the following:
``(1) Training for members of the program who possess cyber
operational expertise from beginning through advanced skill
levels, including instruction and practical experiences that
lead to cyber certifications recognized in the field.
``(2) Training in targeted strategic foreign language
proficiency designed to significantly enhance critical cyber
operational capabilities and tailored to current and
anticipated readiness requirements.
``(3) Training related to mathematical foundations of
cryptography and cryptographic theory and practice designed to
complement and reinforce cyber education along with the
strategic language programs critical to cyber operations.
``(4) Training designed to expand the pool of qualified
cyber instructors necessary to support cyber education in
regional school systems.
``(c) Partnerships With Department of Defense and the Armed
Forces.--Any cyber institute established under this section may enter
into a partnership with any active or reserve component of the armed
forces or any agency of the Department of Defense to facilitate the
development of critical cyber skills.
``(d) Partnerships With Other Schools.--Any cyber institute
established under this section may enter into a partnership with one or
more local educational agencies to facilitate the development of
critical cyber skills under the program among students attending the
elementary and secondary schools of such agencies who may pursue a
military career. The cyber institute may place a special emphasis on
entering into a partnership under this subsection with a local
educational agency located in a rural, underserved, or underrepresented
community.
``(e) Senior Military Colleges.--The senior military colleges are
the senior military colleges in section 2111a(f) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2111c. Senior military colleges: ROTC cyber institutes.''.
SEC. 563. 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 to--
(1) 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 post-service 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 Regulation, 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.
SEC. 564. EMPLOYMENT AUTHORITY FOR CIVILIAN FACULTY AT CERTAIN MILITARY
DEPARTMENT SCHOOLS.
(a) Addition of Army University and Additional Faculty.--
(1) In general.--Section 4021 of title 10, United States
Code, is amended--
(A) by striking subsection (a) and inserting the
following new subsection:
``(a) Authority of Secretary.--The Secretary of the Army may employ
as many civilians as professors, instructors, lecturers, researchers,
and administrative faculty at the Army War College, the United States
Army Command and General Staff College, and the Army University as the
Secretary considers necessary.''; and
(B) by striking subsection (c).
(2) Clerical amendment.--The heading of such section is
amended to read as follows:
``Sec. 4021. Army War College, United States Army Command and General
Staff College, and Army University: civilian faculty
members''.
(b) Naval War College and Marine Corps University.--Section 7478 of
title 10, United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Authority of Secretary.--The Secretary of the Navy may employ
as many civilians as professors, instructors, lecturers, researchers,
and administrative faculty at a school of the Naval War College or of
the Marine Corps University as the Secretary considers necessary.'';
and
(2) by striking subsection (c).
(c) Air University.--Section 9021 of title 10, United States Code,
is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Authority of Secretary.--The Secretary of the Air Force may
employ as many civilians as professors, instructors, lecturers,
researchers, and administrative faculty at a school of the Air
University as the Secretary considers necessary.''; and
(2) by striking subsection (c).
SEC. 565. REVISION OF NAME ON MILITARY SERVICE RECORD TO REFLECT CHANGE
IN NAME OF A MEMBER OF THE ARMY, NAVY, AIR FORCE, OR
MARINE CORPS, AFTER SEPARATION FROM THE ARMED FORCES.
(a) Revision Required.--Section 1551 of title 10, United States
Code, is amended--
(1) by inserting ``(a) Service Under Assumed Name.--''
before ``The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Effect of Change in Name.--The Secretary of the military
department concerned shall reissue a certificate of discharge or an
order of acceptance of resignation in the new name of any person who,
after separation from an armed force under the jurisdiction of that
Secretary, legally changes the person's name to reflect the person's
gender identity.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of section 1551 of title
10, United States Code, is amended to read as follows:
``Sec. 1551. Correction of name after separation from service''.
(2) Table of sections.--The table of sections at the
beginning of chapter 79 of title 10, United States Code, is
amended by striking the item relating to section 1551 and
inserting the following new item:
``1551. Correction of name after separation from service.''.
SEC. 566. DIRECT EMPLOYMENT PILOT PROGRAM FOR MEMBERS OF THE NATIONAL
GUARD AND RESERVE.
(a) Program Authority.--The Secretary of Defense may carry out a
pilot program to enhance the efforts of the Department of Defense to
provide job placement assistance and related employment services
directly to members in the National Guard and Reserves.
(b) Administration.--The pilot program shall be offered to, and
administered by, the adjutants general appointed under section 314 of
title 32, United States Code.
(c) Cost-sharing Requirement.--As a condition on the provision of
funds under this section to a State to support the operation of the
pilot program in the State, the State must agree to contribute an
amount, derived from non-Federal sources, equal to at least 30 percent
of the funds provided by the Secretary of Defense under this section.
(d) Direct Employment Program Model.--The pilot program should
follow a job placement program model that focuses on working one-on-one
with a member of a reserve component to cost-effectively provide job
placement services, including services such as identifying unemployed
and under employed members, job matching services, resume editing,
interview preparation, and post-employment follow up. Development of
the pilot program should be informed by State direct employment
programs for members of the reserve components, such as the programs
conducted in California and South Carolina.
(e) Evaluation.--The Secretary of Defense shall develop outcome
measurements to evaluate the success of the pilot program.
(f) Reporting Requirements.--
(1) Report required.--Not later than January 31, 2021, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report describing the results of the pilot program. The
Secretary shall prepare the report in coordination with the
Chief of the National Guard Bureau.
(2) Elements of report.--A report under paragraph (1) shall
include the following:
(A) A description and assessment of the
effectiveness and achievements of the pilot program,
including the number of members of the reserve
components hired and the cost-per-placement of
participating members.
(B) An assessment of the impact of the pilot
program and increased reserve component employment
levels on the readiness of members of the reserve
components.
(C) A comparison of the pilot program to other
programs conducted by the Department of Defense and
Department of Veterans Affairs to provide unemployment
and underemployment support to members of the reserve
components and veterans.
(D) Any other matters considered appropriate by the
Secretary.
(g) Duration of Authority.--
(1) In general.--The authority to carry out the pilot
program expires September 30, 2019.
(2) Extension.--Upon the expiration of the authority under
paragraph (1), the Secretary of Defense may extend the pilot
program for not more than two additional fiscal years.
SEC. 567. PROHIBITION ON ESTABLISHMENT, MAINTENANCE, OR SUPPORT OF
SENIOR RESERVE OFFICERS' TRAINING CORPS UNITS AT
EDUCATIONAL INSTITUTIONS THAT DISPLAY CONFEDERATE BATTLE
FLAG.
(a) Prohibition.--Section 2102 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) Prohibition Related to Display of Confederate Battle Flag.--
(1) The Secretary of a military department may not establish, maintain,
or support a unit of the program at any educational institution,
including any senior military college specified in section 2111a of
this title, that displays, in a location other than in a museum
exhibit, the Confederate battle flag.
``(2)(A) Upon making a determination under paragraph (1) that an
educational institution displays, in a location other than in a museum
exhibit, the Confederate battle flag, the Secretary of the military
department concerned shall terminate, in accordance with subparagraph
(B), any unit of the program at that educational institution in
existence as of the date of the determination.
``(B) The termination of a unit of the program at an educational
institution pursuant to this paragraph shall take effect on the date on
which--
``(i) each member of the program who, as of the date of the
determination, is enrolled in the educational institution is no
longer so enrolled; and
``(ii) each student who, as of the date of the
determination, is enrolled in the educational institution but
not yet a member of the program, is no longer so enrolled.
``(3) Not later than January 31, 2017, and each January 31
thereafter through January 31, 2021, the Secretary of Defense shall
submit to the congressional defense committees a report--
``(A) identifying each unit of the program located at an
educational institution that displays, in a location other than
in a museum exhibit, the Confederate battle flag; and
``(B) describing the implementation of this subsection with
respect to that educational institution.
``(4) In this subsection, the term `Confederate battle flag' means
the battle flag of the Army of Northern Virginia, the battle flag of
the Army of Tennessee, the battle flag of Forrest's Cavalry Corps, the
Second Confederate Navy Jack, the Second Confederate Navy Ensign, or
other flag with a like design.''.
(b) Conforming Amendments.--(1) Section 2102(d) of title 10, United
States Code, is amended by striking ``The President'' and inserting
``Subject to subsection (e), the President''.
(2) Section 2111a of title 10, United States Code, is amended--
(A) in subsection (d), by striking ``The Secretary'' and
inserting ``Except as provided in section 2102(e) of this
title, the Secretary''; and
(B) in subsection (e)(1), by striking ``The Secretary'' and
inserting ``Except in the case of a senior miliary college at
which a unit of the program is terminated pursuant to section
2102(e) of this title, the Secretary''.
(c) Exception.--Section 2102 of title 10, United States Code, is
further amended by adding at the end the following:
``(f) Exception.--The prohibition under subsection (e) shall not
apply to an educational institution if the board of visitors of such
institution has voted to take down the flag described in such
subsection.''.
SEC. 568. REPORT ON COMPOSITION OF SERVICE ACADEMIES.
(a) Report.--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 Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the Senate a
report on the demographic composition of service academies that
includes--
(1) an analysis of--
(A) the demographic composition of each service
academy's--
(i) recruits;
(ii) nominees;
(iii) applicants;
(iv) qualified applicants;
(v) admits;
(vi) enrollees;
(vii) graduates; and
(viii) graduate occupation placement;
(B) how such composition compares to the
demographic composition of--
(i) the United States;
(ii) enlisted members of the Armed Forces;
(iii) officers of the Armed Forces; and
(iv) other institutions of higher education
(as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)); and
(C) the demographic composition of each quintile of
academic ranking for each service academy's graduating
class;
(2) a description of the considerations given to
demographic composition in each service academy's--
(A) recruitment efforts (including funding
decisions made to further such efforts);
(B) qualification decisions; and
(C) admissions decisions; and
(3) recommendations for best--
(A) recruitment practices;
(B) nominating practices;
(C) qualification decision practices; and
(D) admissions practices.
(b) Definition.--In this section the term ``service academy'' means
each of the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
(4) The United States Coast Guard Academy.
(5) The United States Merchant Marine Academy.
(c) Scope of Report.--The report required by this section shall
examine each service academy class admitted following the date of
enactment of section 543 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160).
SEC. 569. 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. 569A. INCLUSION OF INFORMATION IN TRANSITION ASSISTANCE PROGRAM.
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 deduction of
disability compensation paid by the Secretary of Veterans
Affairs pursuant to section 1175a(h) of this title by reason of
voluntary separation pay received by the member.''.
SEC. 569B. REPORT AND GUIDANCE REGARDING JOB TRAINING, EMPLOYMENT
SKILLS TRAINING, APPRENTICESHIPS, AND INTERNSHIPS AND
SKILLBRIDGE INITIATIVES FOR MEMBERS OF THE ARMED FORCES
WHO ARE BEING SEPARATED.
(a) Report Required.--Not later than 90 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 of Report.--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, at a minimum, the following:
(1) An assessment of the successes of the JTEST-AI and
SkillBridge initiatives.
(2) Recommendations by the Under Secretary regarding ways
in which the administration of the JTEST-AI and SkillBridge
initiatives could be improved.
(3) Recommendations by civilian companies participating in
the initiatives regarding ways in which the administration of
the JTEST-AI and SkillBridge initiatives could be improved.
(4) Testimony from a sample of members of the Armed Forces
who are participating in a JTEST-AI or SkillBridge initiative
regarding the effectiveness of the initiatives and the members'
support for the initiatives.
(5) Testimony from a sample of recently separated members
of the Armed Forces who participated in a JTEST-AI or
SkillBridge initiative regarding the effectiveness of the
initiatives and the members' support for the initiatives.
(c) Issuance of Guidance.--Not later than 180 days after the
submission of the report required by subsection (a), the Under
Secretary of Defense for Personnel and Readiness shall issue guidance
to commanders of units of the Armed Forces for the purpose of
encouraging commanders, consistent with unit readiness, to allow
members of the Armed Forces under their command who are being separated
from the Armed Forces to participate in a JTEST-AI or SkillBridge
initiative.
SEC. 569C. 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 United States Merchant Marine
Academy for classes entering these service academies after January 1,
2018.
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(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) 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. SUPPORT FOR PROGRAMS PROVIDING CAMP EXPERIENCE FOR CHILDREN
OF MILITARY FAMILIES.
(a) In General.--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 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 setting, 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) Preference in Approval of Applications.--The Secretary shall
accord a preference in the approval of applications submitted pursuant
to subsection (b) to applications submitted by organizations that--
(1) provide a traditional camp or camp-like environment
setting that is hosted by an accredited service provider or
facility;
(2) offer activities in that setting that--
(A) includes a continued care model;
(B) is tailored to the needs of children and uses
recognized best practices;
(C) exhibits an adequate understanding and
recognition of appropriate military culture and
traditions; and
(D) places a focus on peer-to-peer support and
activities;
(3) offers post-camp and continuing bereavement or
addiction-prevention support, as applicable;
(4) offer support services for children and families; and
(5) provides for evaluations of the camp experience by
children and their families after camp.
(d) Use of Support.--Support provided by the Secretary 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. 573. IMPACT AID.
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, shall--
(A) 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) be in effect with respect to appropriations for
use under title VIII 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; 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).
SEC. 574. 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.''.
Subtitle G--Decorations and Awards
SEC. 581. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CERTAIN ASIAN
AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER WAR
VETERANS.
(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 the following:
(1) Any 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.
(2) Any other Asian American or Native American Pacific
Islander war veteran whose name is submitted to the Secretary
concerned for such purpose before the end of the one-year
period beginning on the date of the enactment of this Act.
(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 Committee on Armed Services of the Senate and 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).
SEC. 582. AUTHORIZATION FOR AWARD OF MEDALS FOR ACTS OF VALOR.
(a) Authorization.--Notwithstanding the time limitations specified
in sections 3744, 6248, 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 United States Armed Forces, the President may
award a medal referred to in subsection (c) to a member or former
member of the United States 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 Committee
on Armed Services of the Senate and the Committee on Armed Services of
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 referred to in this subsection 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
title 10, United States Code.
(3) The Navy Cross under section 6242 of title 10, United
States Code.
(4) The Air Force Cross under section 8742 of title 10,
United States Code.
(5) The Silver Star under section 3746, 6244, or 8746 of
title 10, United States Code.
(d) Termination.--No medal may be awarded under this section after
December 31, 2019.
SEC. 583. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO GARY M. ROSE
FOR ACTS OF VALOR DURING THE VIETNAM WAR.
(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 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 subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) 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).
SEC. 584. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO CHARLES S.
KETTLES FOR ACTS OF VALOR DURING THE VIETNAM WAR.
(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 President may
award the Medal of Honor under section 3741 of such title to Charles S.
Kettles for the acts of valor during the Vietnam War described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Charles S. Kettles during combat
operations on May 15, 1967, while serving as Flight Commander, 176th
Aviation Company, 14th Aviation Battalion, Task Force Oregon, Republic
of Vietnam, for which he was previously awarded the Distinguished-
Service Cross.
SEC. 585. 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.
Subtitle H--Miscellaneous Reports and Other Matters
SEC. 591. BURIAL OF CREMATED REMAINS IN ARLINGTON NATIONAL CEMETERY OF
CERTAIN PERSONS WHOSE SERVICE IS DEEMED TO BE ACTIVE
SERVICE.
(a) In General.--Section 2410 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(c)(1) The Secretary of the Army shall ensure that under such
regulations as the Secretary may prescribe, the cremated remains of any
person described in paragraph (2) are eligible for inurnment in
Arlington National Cemetery with military honors in accordance with
section 1491 of title 10.
``(2) A person described in this paragraph is a person whose
service has been determined to be active duty service pursuant to
section 401 of the GI Bill Improvement Act of 1977 (Public Law 95-202;
38 U.S.C. 106 note) as of the date of the enactment of this
paragraph.''.
(b) Applicability.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to--
(A) the remains of a person that are not formally
interred or inurned as of the date of the enactment of
this Act; and
(B) a person who dies on or after the date of the
enactment of this Act.
(2) Formally interred or inurned defined.--In this
subsection, the term ``formally interred or inurned'' means
interred or inurned in a cemetery, crypt, mausoleum,
columbarium, niche, or other similar formal location.
(c) Report on Capacity of Arlington National Cemetery.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of the Army shall submit to the Committees on Veterans'
Affairs and the Committees on Armed Services of the House of
Representatives and the Senate a report on the interment and inurnment
capacity of Arlington National Cemetery, including--
(1) the estimated date that the Secretary determines the
cemetery will reach maximum interment and inurnment capacity;
and
(2) in light of the unique and iconic meaning of the
cemetery to the United States, recommendations for legislative
actions and nonlegislative options that the Secretary
determines necessary to ensure that the maximum interment and
inurnment capacity of the cemetery is not reached until well
into the future, including such actions and options with
respect to--
(A) redefining eligibility criteria for interment
and inurnment in the cemetery; and
(B) considerations for additional expansion
opportunities beyond the current boundaries of the
cemetery.
SEC. 592. REPRESENTATION FROM MEMBERS OF THE ARMED FORCES ON BOARDS,
COUNCILS, AND COMMITTEES MAKING RECOMMENDATIONS RELATING
TO MILITARY PERSONNEL ISSUES.
(a) In General.--Chapter 7 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 190. Representation on boards, councils, and committees making
recommendations relating to military personnel issues
``(a) Representation Required.--Notwithstanding any other provision
of law, any board, council, or committee established under this chapter
that is responsible for making any recommendation relating to any
military personnel issue affecting enlisted members of the armed forces
shall include representation on the board, council, or committee from
enlisted members of the armed forces or retired enlisted members of the
armed forces.
``(b) Military Personnel Issues.--For purposes of this section,
military personnel issues include issues relating to health care,
retirement benefits, pay, direct and indirect compensation, and
entitlements for members of the armed forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``190. Representation on boards, councils, and committees making
recommendations relating to military
personnel issues.''.
SEC. 593. BODY MASS INDEX TEST.
(a) Review.--The Secretary of Defense shall review--
(1) the current body mass index test procedure used by the
Armed Forces; and
(2) other methods to measure body fat with a more holistic
health and wellness approach.
(b) Elements.--The review 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. 594. PRESEPARATION COUNSELING REGARDING OPTIONS FOR DONATING BRAIN
TISSUE AT TIME OF DEATH FOR RESEARCH.
Section 1142(b)(11) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``, and
information concerning options available to the member for registering
at or following separation to donate brain tissue at time of the
member's death for research regarding traumatic brain injury and
chronic traumatic encephalopathy''.
SEC. 595. RECOGNITION OF THE EXPANDED SERVICE OPPORTUNITIES AVAILABLE
TO FEMALE MEMBERS OF THE ARMED FORCES AND THE LONG
SERVICE OF WOMEN IN THE ARMED FORCES.
Congress--
(1) honors women who have served, and who are currently
serving, as members of the Armed Forces;
(2) commends female members of the Armed Forces who have
sacrificed their lives in defense of the United States;
(3) recognizes that female members of the Armed Forces are
an integral and invaluable part of the Armed Forces;
(4) urges the Secretary of Defense to ensure that female
members of the Armed Forces receive adequate, well-fitted
equipment in order to ensure optimal safety and protection;
(5) urges the Secretary of Defense to ensure that female
members of the Armed Forces have access to adequate health
services that fully address their specific medical needs;
(6) encourages the Secretary of Defense to develop new
initiatives focused on recruiting and retaining more women in
the officer corps; and
(7) recognizes that the United States must continue to
encourage and support female members of the Armed Forces as
they fight for and defend the United States.
SEC. 596. SENSE OF CONGRESS REGARDING PLIGHT OF MALE VICTIMS OF
MILITARY SEXUAL TRAUMA.
(a) Finding.--Congress finds that the plight of male victims of
military sexual trauma remains in the shadows due a lack of social
awareness on the issue of male victimization.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should--
(1) enhance victims' access to intensive medical and mental
health treatment for military sexual trauma treatment;
(2) look for opportunities to utilize male survivors of
sexual assault as presenters during annual Sexual Assault
Preventions and Response training; and
(3) ensure Department of Defense medical and mental health
providers are adequately trained to meet the needs of male
survivors of military sexual trauma.
SEC. 597. SENSE OF CONGRESS REGARDING SECTION 504 OF TITLE 10, UNITED
STATES CODE, ON EXISTING AUTHORITY OF THE DEPARTMENT OF
DEFENSE TO ENLIST INDIVIDUALS, NOT OTHERWISE ELIGIBLE FOR
ENLISTMENT, WHOSE ENLISTMENT IS VITAL TO THE NATIONAL
INTEREST.
It is the sense of Congress that a statute currently exists,
specifically paragraph (2) of section 504(b) of title 10, United States
Code, which states that ``the Secretary concerned may authorize the
enlistment of a person not described in paragraph (1) [of that section]
if the Secretary determines that such enlistment is vital to the
national interest''.
SEC. 598. PROTECTION OF SECOND AMENDMENT RIGHTS OF MILITARY FAMILIES.
(a) Short Title.--This section may be cited as the ``Protect Our
Military Families' 2nd Amendment Rights Act''.
(b) Residency of Spouses of Members of the Armed Forces to Be
Determined on the Same Basis as the Residency of Such Members for
Purposes of Federal Firearms Laws.--Section 921(b) of title 18, United
States Code, is amended to read as follows:
``(b) For purposes of this chapter:
``(1) A member of the Armed Forces on active duty and the
spouse of such a member are residents of the State in which the
permanent duty station of the member is located.
``(2) The spouse of such a member may satisfy the
identification document requirements of this chapter by
presenting--
``(A) the military identification card issued to
the spouse; and
``(B) the official Permanent Change of Station
Orders annotating the spouse as being authorized for
collocation, or an official letter from the commanding
officer of the member verifying that the member and the
spouse are collocated at the permanent duty station of
the member.''.
(c) Effective Date.--The amendment made by subsection (b) shall
apply to conduct engaged in after the 6-month period that begins with
the date of the enactment of this Act.
SEC. 599. PILOT PROGRAM ON ADVANCED TECHNOLOGY FOR ALCOHOL ABUSE
PREVENTION.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments, shall 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 prevention programs through
the use of digital applications.
(b) Elements.--In carrying out the pilot program under subsection
(a), the Secretary shall--
(1) select at least three locations at which to carry out
the program, including at least one military service initial
training location;
(2) at each location selected under paragraph (1), include
at least one active duty unit with no less than 300 personnel
and one reserve unit with no less than 300 personnel; and
(3) offer participation in the pilot program on a voluntary
basis.
(c) Duration.--The pilot program under subsection (a) shall be
operational for a minimum of 6 months and shall terminate not later
than September 30, 2018.
(d) Reports Required.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives--
(1) not later than 120 days after the date of the
implementation of the pilot program under subsection (a), a
report on the implementation of the program; and
(2) not later than one year after the date of the
implementation of the program, a report on the program,
including findings and recommendations of the Secretary with
respect to the benefits of using advanced technology as part of
alcohol abuse prevention efforts within the military services.
(e) Funding.--The Secretary of Defense may carry out the pilot
program under subsection (a) using amounts authorized to be
appropriated for Alcohol Abuse Prevention Programs as specified in the
funding tables in division D.
SEC. 599A. REPORT ON AVAILABILITY OF COLLEGE CREDIT FOR SKILLS ACQUIRED
DURING MILITARY SERVICE.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of Veterans Affairs, Education, and Labor, shall submit
to Congress a report on the transfer of skills into equivalent college
credits or technical certifications for members of the Armed Forces
leaving the military. Such report shall describe each the following:
(1) Each skill that may be acquired during military service
that is eligible for transfer into an equivalent college credit
or technical certification.
(2) The academic level of the equivalent college credit or
technical certification for which each such skill is eligible.
(3) Each academic institution that awards an equivalent
college credit or technical certification for such skills,
including--
(A) whether each such academic institution is
public or private and whether such institution is for
profit; and
(B) the number of veterans that applied to such
academic institutions who were able to receive
equivalent college credits or technical certifications
in the last fiscal year, and the academic level of the
credits or certifications.
(4) The number of members of the Armed Forces who left the
military in the last fiscal year and the number of those
individuals who met with an academic or technical training
advisor as part of their participation in the Transition
Assistance Program.
SEC. 599B. ATOMIC VETERANS SERVICE MEDAL.
(a) Service Medal Required.--The Secretary of Defense shall design
and produce a military service medal, to be known as the ``Atomic
Veterans Service Medal'', to honor retired and former members of the
Armed Forces who are radiation-exposed veterans (as such term is
defined in section 1112(c)(3) of title 38, United States Code).
(b) Distribution of Medal.--
(1) Issuance to retired and former members.--At the request
of a radiation-exposed veteran, the Secretary of Defense shall
issue the Atomic Veterans Service Medal to the veteran.
(2) Issuance to next-of-kin.--In the case of a radiation-
exposed veteran who is deceased, the Secretary may provide for
issuance of the Atomic Veterans Service Medal to the next-of-
kin of the person.
(3) Application.--The Secretary shall prepare and
disseminate as appropriate an application by which radiation-
exposed veterans and their next-of-kin may apply to receive the
Atomic Veterans Service Medal.
SEC. 599C. REPORT ON EXTENDING PROTECTIONS FOR STUDENT LOANS FOR ACTIVE
DUTY BORROWERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of Education, shall submit to the appropriate
congressional committees 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 (50 U.S.C. 3901 et seq.)
regarding student loans. The report shall include, at a minimum, the
following:
(1) A description of the coordination and information
sharing between the Secretary of Defense and the Secretary of
Education regarding the eligibility of members, and requests by
members, to apply the interest rate limitation under the
Servicemembers Civil Relief Act with respect to existing
Federal and private student loans.
(2) The number of such members with student loans who elect
to have the maximum interest rates set in accordance with such
Act.
(3) The number of such members whose student loans have an
interest rate that exceeds such maximum rate.
(4) Methods by which the Secretary of Defense and the
Secretary of Education can automate the process by which
members with student loans elect to have the maximum interest
rates set in accordance with such Act.
(5) A discussion of the effectiveness of such Act in
providing protection to members of the Armed Forces with
respect to student loans.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
SEC. 599D. EXCLUSION OF CERTAIN REIMBURSEMENTS OF MEDICAL EXPENSES AND
OTHER PAYMENTS FROM DETERMINATION OF ANNUAL INCOME WITH
RESPECT TO PENSIONS FOR VETERANS AND SURVIVING SPOUSES
AND CHILDREN OF VETERANS.
(a) In General.--Section 1503(a) of title 38, United States Code,
is amended--
(1) by redesignating paragraphs (6) through (12) as
paragraphs (7) through (13), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) payments regarding reimbursements of any kind
(including insurance settlement payments) for medical expenses
resulting from any accident, theft, loss, or casualty loss (as
defined by the Secretary), but the amount excluded under this
clause shall not exceed the costs of medical care provided to
the victim of the accident, theft, loss, or casualty loss.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 180 days after the date of the
enactment of this Act.
SEC. 599E. SENSE OF CONGRESS ON DESIRABILITY OF SERVICE-WIDE ADOPTION
OF GOLD STAR INSTALLATION ACCESS CARD.
It is the sense of Congress that the Secretary of each military
department and the Secretary of the Department in which the Coast Guard
is operating should--
(1) provide for the issuance of a Gold Star Installation
Access Card to Gold Star 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
the on-base services and benefits for which the Gold Star
family member is entitled or eligible;
(2) work jointly to ensure that a Gold Star Installation
Access Card issued to a Gold Star family member by one Armed
Force is accepted for access to military installations of
another Armed Force; and
(3) in developing, issuing, and accepting the Gold Star
Installation Access Card--
(A) prevent fraud in the procurement or use of the
Gold Star Installation Access Card;
(B) limit installation access to those areas that
provide the services and benefits for which the Gold
Star family member is entitled or eligible; and
(C) ensure that the availability and use of the
Gold Star Installation Access Card does not adversely
affect military installation security.
SEC. 599F. SERVICEMEMBERS' GROUP LIFE INSURANCE.
Section 1967(f)(4) of title 38, United States Code, is amended by
striking the second sentence.
SEC. 599G. 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''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. ANNUAL ADJUSTMENT OF MONTHLY BASIC PAY.
The adjustment in the rates of monthly basic pay required by
subsection (a) of section 1009 of title 37, United States Code, to be
made on January 1, 2017, shall take effect, notwithstanding any
determination made by the President under subsection (e) of such
section with respect to an alternative pay adjustment to be made on
such date.
SEC. 602. 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. 603. PROHIBITION ON PER DIEM ALLOWANCE REDUCTIONS BASED ON THE
DURATION OF TEMPORARY DUTY ASSIGNMENT OR CIVILIAN TRAVEL.
(a) Members.--Section 474(d)(3) of title 37, United States Code, is
amended by adding at the end the following new sentence: ``The
Secretary of a military department shall not alter the amount of the
per diem allowance, or the maximum amount of reimbursement, for a
locality based on the duration of the temporary duty assignment in the
locality of a member of the armed forces under the jurisdiction of the
Secretary.''.
(b) Civilian Employees.--Section 5702(a)(2) of title 5, United
States Code, is amended by adding at the end the following new
sentence: ``The Secretary of Defense shall not alter the amount of the
per diem allowance, or the maximum amount of reimbursement, for a
locality based on the duration of the travel in the locality of an
employee of the Department.''.
(c) Repeal of Policy and Regulations.--The policy, and any
regulations issued pursuant to such policy, implemented by the
Secretary of Defense on November 1, 2014, with respect to reductions in
per diem allowances based on duration of temporary duty assignment or
civilian travel shall have no force or effect.
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. INCREASE IN MAXIMUM AMOUNT OF AVIATION SPECIAL PAYS FOR
FLYING DUTY.
Section 334(c)(1) 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 $60,000 for each 12-month period of
obligated service agreed to under subsection (d).''.
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 AND CLERICAL 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''.
SEC. 619. COMBAT-RELATED SPECIAL COMPENSATION COORDINATING AMENDMENT.
Subparagraph (B) of section 1413a(b)(3) of title 10, United States
Code, is amended by striking ``the amount equal to'' and all that
follows through ``creditable service multiplied'' and inserting the
following: ``the amount equal to the retired pay multiplier determined
for the member under section 1409 of this title multiplied''.
Subtitle C--Disability, Retired Pay, and Survivor Benefits
SEC. 621. SEPARATION DETERMINATIONS FOR MEMBERS PARTICIPATING IN THRIFT
SAVINGS PLAN.
The amendment to be made by section 632(c)(2) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 847) shall not take effect.
SEC. 622. CONTINUATION PAY FOR FULL THRIFT SAVINGS PLAN MEMBERS WHO
HAVE COMPLETED 8 TO 12 YEARS OF SERVICE.
(a) Continuation Pay.--Section 356 of title 37, United States Code,
which shall take effect on January 1, 2018, pursuant to section 635 of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 851), is amended--
(1) in the heading, by striking ``12 years'' and inserting
``8 to 12 years'';
(2) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) has completed not less than 8 and not more than 12
years of service in a uniformed service; and''; and
(B) in paragraph (2), by striking ``an additional 4
years'' and inserting ``not less than 3 additional
years'';
(3) by amending subsection (b) to read as follows:
``(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 but shall not be less than 2.5 times the member's
monthly basic pay. The maximum amount the Secretary concerned may pay
the member under this section is--
``(1) in the case of a member of a regular component or in
a reserve component if the member is performing active Guard
and Reserve duty (as defined in section 101(d)(6) of title 10),
13 times the amount of the monthly basic pay payable to the
member for the month during which the agreement under
subsection (a)(2) is entered into; and
``(2) in the case of any member not covered by paragraph
(1), 6 times the amount of monthly basic pay to which the
member would be entitled for the month during which the
agreement under subsection (a)(2) is entered into if the member
were serving on active duty at the time the agreement is
entered into.''; and
(4) by amending subsection (d) 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.''.
(b) Clerical Amendment.--The item relating to section 356 in the
table of sections at the beginning of chapter 5 of title 37, United
States Code, which shall take effect on January 1, 2018, pursuant to
section 635 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 851), is amended by striking ``12
years'' and inserting ``8 to 12 years''.
SEC. 623. SPECIAL SURVIVOR INDEMNITY ALLOWANCE.
(a) Payment Amount Per Fiscal Year.--Paragraph (2)(I) of section
1450(m) of title 10, United States Code, is amended by striking
``fiscal year 2017'' and inserting ``each of fiscal years 2017 and
2018''.
(b) Duration.--Paragraph (6) of such section is amended--
(1) by striking ``September 30, 2017'' and inserting
``September 30, 2018''; and
(2) by striking ``October 1, 2017'' both places it appears
and inserting ``October 1, 2018''.
(c) Report.--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 on the dependency and indemnity
compensation offset under sections 1450(c) of title 10, United States
Code. The report shall include the following:
(1) The total number of individuals affected by such
offset.
(2) Of the number of individuals covered under paragraph
(1), the number who are covered by section 1448(d) of title 10,
United States Code, listed by the rank of the deceased member
and the current age of the individual.
(3) Of the number of individuals under paragraph (1), the
number who are not covered by section 1448(d) of title 10,
United States Code, listed by the rank of the deceased member
and the current age of the individual.
(4) The average amount of money that is affected by such
offset, including the average amounts with respect to--
(A) individuals described in paragraph (2); and
(B) individuals described in paragraph (3).
(5) The number of recipients for the special survivor
indemnity allowance under section 1450(m) of title 10, United
States Code.
SEC. 624. EQUAL BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR SURVIVORS OF
RESERVE COMPONENT MEMBERS WHO DIE IN THE LINE OF DUTY
DURING INACTIVE-DUTY TRAINING.
(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, as added by subsection (b)(1),
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. 625. USE OF MEMBER'S CURRENT PAY GRADE AND YEARS OF SERVICE,
RATHER THAN FINAL RETIREMENT PAY GRADE AND YEARS OF
SERVICE, IN A DIVISION OF PROPERTY INVOLVING DISPOSABLE
RETIRED PAY.
(a) Use of Current Pay Grade Required.--Section 1408(a)(4) of title
10, United States Code, is amended in the matter preceding subparagraph
(A) by inserting after ``member is entitled'' the following: ``(to be
determined using the member's pay grade and years of service at the
time of the court order, rather than the member's pay grade and years
of service at the time of retirement, unless the same)''.
(b) Application of Amendment.--The amendment 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.
Subtitle D--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
SEC. 631. 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), 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 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 such 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
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 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 of Defense 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) 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 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:
``(h) 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 title 10, United States Code, 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 of Defense 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 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. 632. 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 E--Travel and Transportation Allowances and Other Matters
SEC. 641. MAXIMUM REIMBURSEMENT AMOUNT FOR TRAVEL EXPENSES OF MEMBERS
OF THE RESERVES ATTENDING INACTIVE DUTY TRAINING OUTSIDE
OF NORMAL COMMUTING DISTANCES.
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.''.
SEC. 642. STATUTE OF LIMITATIONS ON DEPARTMENT OF DEFENSE RECOVERY OF
AMOUNTS OWED TO THE UNITED STATES BY MEMBERS OF THE
UNIFORMED SERVICES, INCLUDING RETIRED AND FORMER MEMBERS.
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 cases of indebtedness
that incur on or after October 1, 2027.
``(D)(i) Not later than January 1 of each of years 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.''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Reform of TRICARE and Military Health System
SEC. 701. TRICARE PREFERRED AND OTHER TRICARE REFORM.
(a) Establishment.--
(1) TRICARE preferred.--Chapter 55 of title 10, United
States Code, is amended by inserting after section 1074n the
following new section:
``Sec. 1075. TRICARE Preferred
``(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 Preferred'.
``(2) The Secretary shall establish TRICARE Preferred in all areas.
Under TRICARE Preferred, 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 Preferred 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
Preferred shall enroll in such option under section 1099 of this title.
``(c) Cost-sharing Requirements.--The cost sharing requirements
under TRICARE Preferred 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 sections 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
Preferred 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:
----------------------------------------------------------------------------------------------------------------
``TRICARE Active-Duty Family Member (Individual/
Preferred Family) Retired (Individual/Family)
----------------------------------------------------------------------------------------------------------------
Annual Enrollment $300 / $600 $425 / $850
----------------------------------------------------------------------------------------------------------------
Annual deductible $0 $0
----------------------------------------------------------------------------------------------------------------
Annual $1,000 $3,000
catastrophic cap
----------------------------------------------------------------------------------------------------------------
Outpatient visit $15 primary care $25 primary care
civilian network
$25 specialty care $40 specialty care
............................................. .............................................
Out of network: 20% 25% of out of network
----------------------------------------------------------------------------------------------------------------
ER visit civilian $40 network $60 network
network
20% out of network .............................................
----------------------------------------------------------------------------------------------------------------
Urgent care $20 network $40 network
civilian network
20% out of network 25% out of network
----------------------------------------------------------------------------------------------------------------
Ambulatory surgery $40 network $80 network
civilian network
20% out of network 25% out of network
----------------------------------------------------------------------------------------------------------------
Ambulance civilian $15 $25
network
----------------------------------------------------------------------------------------------------------------
Durable medical 10% 20%
equipment
civilian network
----------------------------------------------------------------------------------------------------------------
Inpatient visit $60 per network admission $125 per admission network
civilian network
............................................. .............................................
20% out of network 25% out of net work
----------------------------------------------------------------------------------------------------------------
Inpatient skilled $20 per day network $50 per day network
nursing/rehab
civilian
$50 per day out of network $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 determined under
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 (3),
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 Preferred
(other than such beneficiaries covered by paragraph (2)). Such
enrollment fee shall be $100 for an individual and $200 for a family.
``(2) The enrollment fee established pursuant to paragraph (1) 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).
``(3) 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 (4).
``(4) 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
Preferred.
``(f) Publication of Measures.--As part of the administration of
TRICARE Prime and TRICARE Preferred, the Secretary shall publish on a
publically available Internet website of the Department of Defense data
on all measures required by section 711 of the National Defense
Authorization Act for Fiscal Year 2017. The published measures shall be
updated not less frequently than quarterly.
``(g) Construction.--Nothing in this section may be construed as
affecting the availability of TRICARE Prime and TRICARE for Life.
``(h) Definitions.--In this section, terms `active-duty family
member category', `retired category', and `reserve and young adult
category' mean the respective categories of TRICARE Preferred
enrollment described in subsection (b).''.
(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 Preferred.''.
(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
``TRICARE Prime (Individual/Family) Retired (Individual/Family)
----------------------------------------------------------------------------------------------------------------
Annual Enrollment $180 / $360 $325 / $650
----------------------------------------------------------------------------------------------------------------
Annual deductible No1 No1
----------------------------------------------------------------------------------------------------------------
Annual catastrophic cap $1,000 $3,000 per family
----------------------------------------------------------------------------------------------------------------
Outpatient visit civilian network $0 with authorization $20 primary care
--------------------------------------
..................................... $30 specialty care
----------------------------------------------------------------------------------------------------------------
ER visit civilian network $0 $50 network
----------------------------------------------------------------------------------------------------------------
Urgent care civilian network $0 $30 network
----------------------------------------------------------------------------------------------------------------
Ambulatory surgery civilian $0 with authorization $60 network with authorization
network
----------------------------------------------------------------------------------------------------------------
Ambulance civilian network $0 $20
----------------------------------------------------------------------------------------------------------------
Durable medical equipment civilian $0 with authorization 20%
network
----------------------------------------------------------------------------------------------------------------
Inpatient visit civilian network $0 with authorization $100 network per admission with
authorization
----------------------------------------------------------------------------------------------------------------
Inpatient skilled nursing/rehab $0 with authorization $30 per day network with
civilian authorization
----------------------------------------------------------------------------------------------------------------
1: Deductibles and cost-sharing does apply to TRICARE Prime beneficiaries that seek care in the civilian network
care through the point-of-service option (without a referral). Annual deductible is $300 individual and $600
family. Cost-sharing for covered inpatient and outpatient services are 50% of the TRICARE allowable charges.
``(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.''.
(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) Portability.--Section 1073 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) Portability in Program.--The Secretary of Defense shall
ensure that the enrollment status of covered beneficiaries is portable
between or among TRICARE program regions of the United States and that
effective procedures are in place for automatic electronic transfer of
information between or among contractors responsible for administration
in such regions and prompt communication with such beneficiaries. Each
covered beneficiary enrolled in TRICARE Prime who has relocated the
beneficiary's primary residence to a new area in which enrollment in
TRICARE Prime is available shall be able to obtain a new primary health
care manager or provider within 10 days of the relocation and
associated request for such manager or provider.''.
(d) 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,
TRICARE Preferred, or TRICARE for Life, as the case may be, as of
January 1, 2018, for the individual to continue coverage under the
TRICARE program.
(e) 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 Preferred is
covered by the network by January 1, 2018;
(B) establish access standards for appointments for
health care;
(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) mechanisms to evaluate the quality metrics of
the network providers established under section 711;
(H) any recommendations for legislative action the
Secretary determines necessary to carry out the plan;
and
(I) any other elements the Secretary determines
appropriate.
(f) 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 (e),
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.
(g) 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 (h).
(2) The term ``TRICARE Preferred'' means the self-managed,
preferred-provider network option under the TRICARE program
established by section 1075 of such title, as added by
subsection (a).
(h) 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 Preferred.
``(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 Preferred' 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
Preferred 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
Preferred 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''; and
(C) in the item relating to section 1079a, by
striking ``CHAMPUS'' and inserting ``TRICARE program''.
(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.
(i) 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; and
``(E) 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 serving in senior executive service
positions to carry out this subsection. The Secretary may carry out
this paragraph by appointing the positions specified in subsections (b)
and (c).
``(b) DHA Assistant Director.--(1) The Secretary of Defense may
establish in the Defense Health Agency an Assistant Director for Health
Care Administration. If so established, the Assistant Director shall--
``(A) be a career appointee within the senior executive
service of the Department; and
``(B) report directly to the Director of the Defense Health
Agency.
``(2) If established under paragraph (1), 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) If established under paragraph (1), the Assistant Director
shall be responsible for the following:
``(A) Establishing priorities for health care
administration and management.
``(B) Establishing policies and procedures 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 and procedures 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) The Secretary of
Defense may establish in the Defense Health Agency a Deputy Assistant
Director for Information Operations.
``(B) If established under subparagraph (A), the Deputy Assistant
Director for Information Operations shall be responsible for management
and execution of information technology operations at and between the
military medical treatment facilities.
``(2)(A) The Secretary of Defense may establish in the Defense
Health Agency a Deputy Assistant Director for Financial Operations.
``(B) If established under subparagraph (A), the Deputy Assistant
Director for Financial Operations shall be responsible for the
management and execution of budgeting matters and financial management
with respect to the provision of direct care at military medical
treatment facilities.
``(3)(A) The Secretary of Defense may establish in the Defense
Health Agency a Deputy Assistant Director for Health Care Operations.
``(B) If established under subparagraph (A), the Deputy Assistant
Director for Health Care Operations shall be responsible for the
execution of health care administration and management in the military
medical treatment facilities.
``(4)(A) The Secretary of Defense may establish in the Defense
Health Agency a Deputy Assistant Director for Medical Affairs.
``(B) If established under subparagraph (A), the Deputy Assistant
Director for Medical Affairs shall be responsible for the management
and leadership 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--
``(A) be a career appointee within the senior executive
service of the Department; and
``(B) report directly to the Assistant Director for Health
Care Administration.
``(d) DHA Deputy Director.--(1) In addition to the other duties of
the Joint Staff Surgeon, the Joint Staff Surgeon shall serve as the
Deputy Director for Combat Support of the Defense Health Agency.
``(2) The responsibilities of the Deputy 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
support readiness requirements for members of the armed forces
and health care personnel.
``(C) Serving as the link between the commanders of the
combatant commands and the Defense Health Agency.
``(e) Appointments.--In carrying out subsection (a)(3), including
with respect to establishing positions under subsections (b) and (c),
the Secretary shall make appointments under such subsections--
``(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.
``(f) 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.
``(3) The term `senior executive service' has the meaning
given that term in section 2101a of title 5.''.
(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) 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 minimize potentially duplicative
activities carried out by the elements of the Defense
Health Agency.
(C) Efforts to maximize efficiencies in the
activities carried out by the Defense Health Agency.
(D) How the Secretary will implement such section
1073 in a manner that does not increase the number of
full-time equivalent employees of the headquarters
activities of the military health system as of the date
of the enactment of this Act.
(c) Reports.--
(1) Interim report.--Not later than March 1, 2017, the
Secretary shall submit to the congressional defense committees
a report containing--
(A) a preliminary draft of the plan developed under
subsection (b)(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 congressional defense committees
a report containing the final version of the plan developed
under subsection (b)(1).
(3) Comptroller general reviews.--
(A) The Comptroller General of the United States
shall submit to the congressional defense committees--
(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
paragraph (A) shall determine whether the Secretary has
addressed the required elements for the plan under
subsection (b)(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.
``(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 707 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.''.
(b) 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).
(c) 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; and
(vi) the justifications for such
realignment or restructuring, including an
assessment of the capacity of the civilian
health care facilities located near such
facility.
(B) A description of the relocation of the graduate
medical education programs and the residency programs.
SEC. 704. ACCESS TO URGENT 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) Beginning not later than one year after the
date of the enactment of this section, 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 that are open during the hours specified in
such paragraph 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 website of
each military treatment facility; and
``(B) ensure that such information is made available on the
publically available Internet website of each current managed
care 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).''.
(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''.
SEC. 705. ACCESS TO PRIMARY CARE CLINICS AT MILITARY MEDICAL TREATMENT
FACILITIES.
(a) In General.--Section 1077a of title 10, United States Code, as
added by section 704, is amended by adding at the end the following new
subsection:
``(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 treatment facility to meet
the access standards under the TRICARE Prime program; and
``(ii) the primary care usage 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) Implementation.--The Secretary of Defense shall implement
subsection (c) of section 1077a of title 10, United States Code, as
added by subsection (a), by not later than 180 days after the date of
the enactment of this Act.
SEC. 706. INCENTIVES FOR VALUE-BASED HEALTH UNDER TRICARE PROGRAM.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1095g the following new section:
``Sec. 1095h. TRICARE program: value-based health care
``(a) In General.--The Secretary of Defense may develop and
implement value-based incentive programs as part of any contract
awarded under this chapter 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:
``(1) The quality of health care provided to covered
beneficiaries under the TRICARE program.
``(2) The experience of covered beneficiaries in receiving
health care under the TRICARE program.
``(3) The health of covered beneficiaries.
``(b) Value-based Incentive Programs.--(1) In developing value-
based incentive programs under subsection (a), the Secretary shall--
``(A) 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;
``(B) consider the characteristics of the population of
covered beneficiaries affected by the value-based incentive
program;
``(C) consider how the value-based incentive program would
affect the receipt of health care under the TRICARE program by
such covered beneficiaries;
``(D) 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;
``(E) ensure that such covered beneficiaries do not incur
any additional costs by reason of the value-based incentive
program; and
``(F) consider such other factors as the Secretary
considers appropriate.
``(2) With respect to a value-based incentive program developed and
implemented under subsection (a), the Secretary shall ensure that--
``(A) 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
``(B) the value-based incentive program relies on the core
quality performance metrics pursuant to section 711 of the
National Defense Authorization Act for Fiscal Year 2017.
``(c) Use of Existing Models.--In developing a value-based
incentive program under subsection (a), 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 governmental or commercial health care program.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1095g the following new item:
``1095h. TRICARE program: value-based health care.''.
(c) Briefings.--
(1) Prior to certain contract modifications.--Not later
than 60 days before the date on which the Secretary of Defense
modifies a contract awarded under chapter 55 of title 10,
United States Code, to implement a value-based incentive
program under section 1095h of such title, as added by
subsection (a), the Secretary shall provide to the Committees
on Armed Services of the House of Representatives and the
Senate (and any other appropriate congressional committee upon
request) a briefing on any implementation plan of the Secretary
with respect to such a value-based incentive program.
(2) Annual briefing.--Not later than one year after the
date of the enactment of this Act, and annually thereafter
through 2022, the Secretary shall provide to the Committees on
Armed Services of the House of Representatives and the Senate
(and any other appropriate congressional committee upon
request) a briefing on the quality performance metrics and
expenditures relating to a value-based incentive program
developed and implemented under section 1095h of title 10,
United States Code, as added by subsection (a).
(3) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.
SEC. 707. IMPROVEMENTS TO MILITARY-CIVILIAN PARTNERSHIPS TO INCREASE
ACCESS TO HEALTH CARE AND READINESS.
(a) Partnership Agreements.--Subsection (a) of section 1096 of
title 10, United States Code, is amended to read as follows:
``(a) Partnership Agreements.--The Secretary of Defense may enter
into a partnership agreement between facilities of the uniformed
services and local or regional health care systems if the Secretary
determines that such an agreement would--
``(1) result in the delivery of health care to which
covered beneficiaries are entitled under this chapter--
``(A) in a more effective, efficient, or economical
manner; and
``(B) at a level of quality at least comparable to
the quality of services beneficiaries would receive
from a military medical treatment facility; or
``(2) provide members of the armed forces with additional
training opportunities to maintain readiness requirements.''.
(b) In General.--Such section 1096 is further amended--
(1) by redesignating subsections (c) and (d) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Criteria.--In entering into an agreement under subsection (a)
between a facility of the uniformed services and a local or regional
health care system, the Secretary shall--
``(1) identify and analyze--
``(A) the health care delivery options provided by
the local or regional health care system; and
``(B) the health care services provided by the
facility;
``(2) assess--
``(A) how such agreement affects the delivery of
health care at the facility and the readiness of the
members of the uniformed services;
``(B) the viability of the agreement with respect
to succeeding on a long-term basis in the local
community of the facility; and
``(C) the cost efficiency and effectiveness of the
agreement; and
``(3) consult with--
``(A) the Secretary concerned;
``(B) representatives from such facility, including
the leadership of the installation at which the
facility is located, the leadership of the facility,
and covered beneficiaries at such installation;
``(C) the TRICARE managed care support contractor
with responsibility for such facility;
``(D) officials of the Federal, State, and local
governments, as appropriate; and
``(E) representatives from the local or regional
health care system.
``(d) Local Consortium.--The Secretary shall ensure that an
agreement entered into under subsection (a) between a facility of the
uniformed services and a local or regional health care system is
developed by a consortium representing the community of the facility
and such health care system.
``(e) Biennial Evaluation.--The Secretary of Defense shall evaluate
each agreement entered into under subsection (a) on a biennial basis
to--
``(1) assess whether the agreement provides increased
access to health care for covered beneficiaries;
``(2) assess the training opportunities to maintain
readiness requirements provided pursuant to such agreement; and
``(3) determine whether such agreement should continue.''.
(c) Removal of Reimbursement Limit for Licensing Fees.--Subsection
(g) of such section 1096, as redesignated by subsection (a), is amended
by striking ``up to $500 of''.
SEC. 708. 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 120 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; and
(2) make publicly available a report containing such review
and recommendations to establish a comprehensive trauma system
for the Armed Forces.
SEC. 709. 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 combat casualty care 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 708.
(c) Partnerships.--
(1) In general.--The Secretary shall enter into
partnerships with civilian academic medical centers and large
metropolitan teaching hospitals that have level I civilian
trauma centers.
(2) Trauma combat casualty care teams.--Under the
partnerships entered into with civilian academic medical
centers and large metropolitan teaching hospitals under
paragraph (1), trauma combat casualty care 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) Analysis.--The Secretary of Defense shall conduct an analysis
to determine the number of traumatologists of the Armed Forces, by
specialty, that must be maintained within the Department of Defense to
meet the requirements of the combatant commands.
(e) Implementation Plan.--Not later than July 1, 2017, the
Secretary 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) and entering into partnerships under subsection (c).
(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. 710. IMPROVEMENTS TO ACCESS TO HEALTH CARE IN MILITARY MEDICAL
TREATMENT FACILITIES.
(a) First Call Resolution.--
(1) In general.--The Secretary of Defense shall implement
standard processes to ensure that, in the case of a beneficiary
contacting a military medical treatment facility over the
telephone for, at a minimum, scheduling an appointment,
requesting a prescription drug refill, and other matters
determined appropriate by the Secretary, the needs of the
beneficiary are met during the first such telephone call.
(2) Metrics.--The Secretary shall--
(A) develop metrics, collect data, and evaluate the
performance of the processes implemented under
paragraph (1); and
(B) carry out satisfaction surveys to monitor the
satisfaction of beneficiaries with such processes,
including with respect to the satisfaction regarding
access to appointments and patient care.
(b) Appointment Scheduling.--
(1) In general.--The Secretary shall implement standard
processes to schedule beneficiaries for appointments at
military medical treatment facilities.
(2) Elements.--The standard processes implemented under
paragraph (1) shall include the following:
(A) Requiring clinics at military medical treatment
facilities to allow a beneficiary to schedule an
appointment for wellness visits or follow-up
appointments during the six-month or longer period
beginning on the date of the request for the
appointment.
(B) A process to remind a beneficiary of future
appointments in a manner that the beneficiary prefers,
which may include sending postcards to the beneficiary
prior to appointments and making reminder telephone
calls, emails, or cellular text messages to the
beneficiary at specified intervals prior to
appointments.
(c) Appointment Supply and Demand.--
(1) Productivity.--The Secretary shall implement standards
for the productivity of health care providers at military
medical treatment facilities. In developing such standards, the
Secretary shall consider civilian benchmarks for measuring the
productivity of health care providers, the optimal number of
appointments (patient contact hours) required to maintain
access according to the standards developed by the Secretary,
and readiness requirements.
(2) Managing use of face-to-face appointments.--The
Secretary shall implement strategies for managing the use of
face-to-face appointments at military medical treatment
facilities. Such strategies may include--
(A) maximizing the use of telehealth and virtual
appointments for beneficiaries at the discretion of the
health care provider and the beneficiary;
(B) the implementation of remote patient monitoring
of chronic conditions to improve outcomes and reduce
the number of follow-up appointments for beneficiaries;
and
(C) maximizing the use of secure messaging between
health care providers and beneficiaries to improve the
access of beneficiaries to health care and reduce the
number of visits for health care needs.
(d) Implementation.--The Secretary shall implement subsections (a),
(b), and (c) by not later than February 1, 2017.
(e) Briefing.--Not later than March 1, 2017, the Secretary shall
provide the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the implementation of
subsections (a), (b), and (c).
(f) Beneficiaries Defined.--In this section, the term
``beneficiaries'' means members of the Armed Forces and covered
beneficiaries (as defined in section 1072(5) of title 10, United States
Code).
SEC. 711. 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
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.
(b) 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. 712. STUDY ON IMPROVING CONTINUITY OF HEALTH CARE COVERAGE FOR
RESERVE COMPONENTS.
(a) Study.--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--
(1) serving on active duty;
(2) eligible for the Transitional Assistance Management
Program under section 1145 of title 10, United States Code; or
(3) eligible for the Federal Employees Health Benefit
Program under chapter 89 of title 5.
(b) Elements.--The study under subsection (a) shall address the
following:
(1) Whether to allow current and former members of the
Selected Reserve to participate in the Federal Employees Health
Benefit Program under chapter 89 of title 5.
(2) Whether to pay a stipend to current and former members
to continue coverage in a health plan obtained by the member.
(3) Whether to allow current and former members to
participate in the TRICARE program under section 1076d of title
10, United States Code.
(4) Whether to allow 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, to remain eligible for the TRICARE program.
(5) Any other options for providing health care coverage to
current and former members of the Selected Reserve the
Secretary considers appropriate.
(c) Consultation.--In carrying out the study under subsection (a),
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.
(d) Submission.--
(1) 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
subsection (a).
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) A description of the health care coverage
options addressed by the Secretary under subsection
(b).
(B) Identification of such health care coverage
option that the Secretary recommends as the best
option.
(C) The justifications for such recommended best
option.
(D) The number and proportion of the current and
former members of the Selected Reserve projected to
participate in such recommended best option.
(E) 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.
(F) An estimate of the cost of implementing such
recommended best option.
(G) Any legislative language required to implement
such recommended best option.
Subtitle B--Other Health Care Benefits
SEC. 721. 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. 722. 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 shall
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 may 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.''.
Subtitle C--Health Care Administration
SEC. 731. 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. 519. 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:
``519. 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 3504, and the item
relating to that section in the table of contents in section 2 of such
Act, are repealed.
SEC. 732. 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. 733. USE OF MEFLOQUINE FOR MALARIA.
(a) Mefloquine.--In providing health care to members of the Armed
Forces, the Secretary of Defense shall require--
(1) that the use of mefloquine for the prophylaxis of
malaria be limited to members with intolerance or
contraindications to other chemoprophylaxis;
(2) that mefloquine be prescribed by a licensed medical
provider on an individual basis, and
(3) that members prescribed mefloquine for malaria
prophylaxis be counseled by the medical provider about the
potential side effects of the drug and be provided the Food and
Drug Administration-required patient information handouts.
(b) Process and Review.--
(1) Process.--Not later than 180 days after the date of the
enactment of this Act, in providing health care to members of
the Armed Forces, the Secretary shall develop a standardized
process to document the screening for contraindications and
patient education, including a prior authorization form, to be
used by all medical providers prescribing mefloquine for
malaria prophylaxis.
(2) Annual review.--The Secretary shall conduct an annual
review of each mefloquine prescription at all military medical
treatment facilities to evaluate the documentation of the
assessment for contraindications, justification for not using
other chemoprophylaxis, and patient education for the safe use
of mefloquine and its side effects.
(c) Adverse Health Effects of Mefloquine.--The Secretary of Defense
shall expand the missions of the Hearing Center of Excellence, the
Vision Center of Excellence, the Defense Centers of Excellence for
Psychological Health and Traumatic Brain Injury (including the
Deployment Health Clinical Center), and the Center for Deployment
Health Research to include, as appropriate, improving the clinical
evaluation, diagnosis, management, and epidemiological study of adverse
health effects among members of the Armed Forces following exposure to
mefloquine.
SEC. 734. 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 (as
defined in section 1072 of title 10, United States Code) 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; and
(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.
(2) Submission.--The Assistant Secretary shall submit to
the congressional defense committees the analysis conducted
under paragraph (1).
(c) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for the Defense Health Program, as
specified in the corresponding funding table in section 4501,
for Private Sector Care is hereby increased by $32,000,000.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for the Office of the Secretary of Defense (Line 300) is hereby
reduced by $32,000,000.
(d) Sense of Congress.--It is the sense of Congress that amounts
should be appropriated for behavioral health treatment of TRICARE
beneficiaries, including pursuant to this section, in a manner to
ensure the appropriate and equitable access to such treatment by all
such beneficiaries.
Subtitle D--Reports and Other Matters
SEC. 741. MENTAL HEALTH RESOURCES FOR MEMBERS OF THE MILITARY SERVICES
AT HIGH RISK OF SUICIDE.
(a) In General.--The Secretary of Defense shall develop a
methodology that identifies which members and units of the military
services are at high risk of suicide.
(b) Mental Health Resources.--
(1) High risk members of the military services.--The
Secretary of Defense shall use the results under subsection (c)
to--
(A) identify which units have a disproportionately
high rate of suicide and suicide attempts; and
(B) provide additional preventative and treatment
resources for mental health for members of the military
services who were deployed with the units identified
under subparagraph (A).
(2) Preventative mental health care.--The Secretary of
Defense shall use the results under subsection (c) to--
(A) identify the circumstances of deployments
associated with increased vulnerability to suicide,
including the length of deployment, the region and area
of deployment, and the nature and extent to which there
was contact with enemy forces; and
(B) provide additional preventative mental health
care to units who currently are, or will be, deployed
under circumstances similar to those of subparagraph
(A).
(3) High risk veterans.--The Secretary of Veterans Affairs
shall use the results under subsection (c) to provide outreach
regarding the available preventative and treatment resources
for mental health for enrolled veterans who were deployed with
the units identified under this subsection.
(c) Methodology.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop a
methodology to assess the rate of suicide and suicide attempts of
members of the military services of units that have been deployed in
support of a contingency operation after September 11, 2001.
(d) Reports.--Not later than September 30, 2017, the Secretary of
Defense and the Secretary of Veterans Affairs shall submit to the
Committee on Armed Services and the Committee on Veterans' Affairs of
the House of Representatives and the Committee on Armed Services and
the Committee on Veterans' Affairs of the Senate a report on the
activities carried out under this section and the effectiveness of such
activities.
(e) Restriction on Use of Information.--Information disclosed or
obtained pursuant to the provisions of this section may be used by
officers, employees, and contractors of the Department of Defense only
for the purposes of, and to the extent necessary in, carrying out this
section.
(f) Definitions.--In this section:
(1) Military services.--The term ``military services''
means the Army, Navy, Air Force, and the Marine Corps,
including the reserve components thereof.
(2) Enrolled veteran.--The term ``enrolled veteran'' means
a veteran enrolled in the health care system of the Department
of Veterans Affairs.
SEC. 742. RESEARCH OF CHRONIC TRAUMATIC ENCEPHALOPATHY.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for advanced development for
research, development, test, and evaluation for the Defense Health
Program, not more than $25,000,000 may be used to award grants to
medical researchers and universities to support research into early
detection of chronic traumatic encephalopathy.
SEC. 743. ACTIVE OSCILLATING NEGATIVE PRESSURE TREATMENT.
In furnishing health care and medical treatment to members of the
Armed Forces who have incurred injuries from improvised explosive
devices and other blast-related events, the Secretary of Defense shall
consider using non-invasive technologies that increase blood flow to
areas of reduced circulation, including through the use of active
oscillating negative pressure treatment.
SEC. 744. LONG-TERM STUDY ON HEALTH OF HELICOPTER AND TILTROTOR PILOTS.
(a) Study Required.--The Secretary of Defense shall carry out a
long-term 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 2 years.
(d) Briefing.--Not later than June 6, 2017, the Secretary shall
provide to the Committees on Armed Services of the Senate and House of
Representatives (and other congressional defense committees on request)
a briefing on the progress of the Secretary in carrying out the study
under subsection (a).
SEC. 745. 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 but not limited to non-generic maintenance
medications, that are dispensed to retired 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 purchase blanket agreement with
prescription drug manufactures for supplemental discounts for
prescription drugs dispensed in the pilot to be paid in the form of
manufactures rebates.
(c) Consultation.--The Secretary shall develop the pilot program in
consultation with--
(1) the Secretaries of the military departments, including
Army, Navy and Air Force;
(2) the Chief, 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 may 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
congressional defense committees, including the House and Senate
Committees on Armed Services, 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 any recommendations of the
Secretary to expand such program. The final report will
include--
(A) an analysis of the changes in prescription drug
costs for the Department related to the pilot program;
(B) an analysis of the impact on beneficiary access
to prescription drugs;
(C) a survey of beneficiary satisfaction with the
pilot program;
(D) a summary of any fraud and abuse activities
related to the pilot and actions taken in response by
the Department; and
(E) a comparison of immunization rates for
beneficiaries participating in the pilot and those
outside of the pilot.
SEC. 746. STUDY ON DISPLAY OF WAIT TIMES AT URGENT CARE CLINICS,
PHARMACIES, AND EMERGENCY ROOMS OF MILITARY MEDICAL
TREATMENT FACILITIES.
(a) Study.--
(1) In general.--The Secretary of Defense shall conduct a
study on the feasibility of placing in a conspicuous location
at each urgent care clinic of a military medical treatment
facility, pharmacy of such a facility, and emergency room of
such a facility an electronic sign that displays the current
average wait time for a patient to be seen by a qualified
medical professional or to receive a filled prescription, as
the case may be.
(2) Determination of certain wait times.--For purposes of
conducting the study under paragraph (1) with respect to urgent
care clinics and emergency rooms, the average wait time that
would be displayed shall be--
(A) determined 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
and ending at the time at which the patient is first
seen by a doctor of medicine, a doctor of osteopathy, a
physician assistant, or an advanced registered nurse
practitioner; and
(B) updated every 30 minutes.
(b) 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 on the study conducted under
subsection (a)(1), including the estimated costs for displaying the
wait times as described in such subsection.
SEC. 747. REPORT ON FEASIBILITY OF INCLUDING ACUPUNCTURE AND
CHIROPRACTIC SERVICES FOR RETIREES UNDER TRICARE PROGRAM.
Not later than November 1, 2016, the Secretary of Defense shall
submit to the congressional defense committees a report on the
feasibility of furnishing acupuncture services and chiropractic
services under the TRICARE program to beneficiaries who are retired
members of the uniformed services (not including any dependent of such
a retired member).
SEC. 748. CLARIFICATION OF SUBMISSION OF REPORTS ON LONGITUDINAL STUDY
ON TRAUMATIC BRAIN INJURY.
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) shall
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).
SEC. 749. INCREASED COLLABORATION WITH NIH TO COMBAT TRIPLE NEGATIVE
BREAST CANCER.
The Office of Health of the Department of Defense shall work in
collaboration with the National Institutes of Health to--
(1) identify specific genetic and molecular targets and
biomarkers for triple negative breast cancer; and
(2) provide information useful in biomarker selection, drug
discovery, and clinical trials design that will enable both--
(A) triple negative breast cancer patients to be
identified earlier in the progression of their disease;
and
(B) the development of multiple targeted therapies
for the disease.
SEC. 750. DEPARTMENT OF DEFENSE STUDIES ON PREVENTING THE DIVERSION OF
OPIOID MEDICATIONS.
(a) Studies.--With respect to programs of the Department of Defense
that dispense drugs to patients, the Secretary of Defense (referred to
in this section as the ``Secretary'') shall study the feasibility, the
effectiveness in preventing the diversion of opioid medications, and
the cost-effectiveness of--
(1) requiring that such programs, in appropriate cases,
dispense opioid medications 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; and
(2) the Secretary 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) Feedback.--In conducting the studies under subsection (a), the
Secretary shall seek feedback (on a confidential basis when
appropriate) from the individuals and entities involved in the studies.
(c) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the Congress a
report on the results of the studies conducted under subsection (a).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. REVISION TO AUTHORITIES RELATING TO DEPARTMENT OF DEFENSE
TEST RESOURCE MANAGEMENT CENTER.
Section 196 of title 10, United States Code, is amended--
(1) in subsection (c)(1)(B), by striking ``of the Major
Range and Test Facility Base, including with respect to the
expansion, divestment, consolidation, or curtailment of
activities,'' and inserting the following: ``that comprise the
Major Range and Test Facility Base and other facilities and
resources used to support the acquisition programs of the
Department of Defense'';
(2) in subsection (d)(2)(E)--
(A) by striking ``plans and business case analyses
supporting any significant modification of'' and
inserting ``implementation plans and analyses
supporting any significant change to''; and
(B) by striking ``including with respect to the
expansion, divestment, consolidation, or curtailment of
activities'';
(3) in subsection (f)--
(A) in the subsection heading, by striking
``Modifications'' and inserting ``Changes'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``modification of the test''
and all that follows through ``activities,''
and inserting ``change of the test and
evaluation facilities and resources that
comprise the Major Range and Test Facility Base
and other facilities and resources used to
support the acquisition programs of the
Department of Defense'';
(ii) in subparagraph (A), by striking ``a
business case analysis for such modification''
and inserting ``an implementation plan and
analysis, including an analysis of cost
considerations, that supports such a change'';
and
(iii) in subparagraph (B), by striking
``analysis and approves such modification'' and
inserts ``plan and analysis and approves such
change''; and
(C) in paragraph (2), by striking ``business case''
and inserting ``implementation plan and''; and
(4) in subsection (i)--
(A) by striking ``In this section, the term'' and
inserting ``In this section:
``(1) The term''; and
(B) by adding at the end the following new
paragraph:
``(2) The term `significant change' means--
``(A) any action that will limit or preclude a test
and evaluation capability from fully performing its
intended purpose;
``(B) any action that affects the ability of the
Department of Defense to conduct test and evaluation in
a timely or cost-effective manner; or
``(C) any expansion or addition that develops a new
significant test capability.''.
SEC. 802. AMENDMENTS TO RESTRICTIONS ON UNDEFINITIZED CONTRACTUAL
ACTIONS.
(a) Allowable Profit.--Section 2326(e) of title 10, United States
Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by inserting ``(1)'' before ``The head''; and
(3) 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 definitized 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 it existed on the date the contractor submitted the
qualifying proposal.''.
(b) Foreign Military Sales.--Section 2326 of such title is further
amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Foreign Military Sales.--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 beginning on the date on which
the contractor submits a qualifying proposal to definitize such terms,
specifications, and price. This subsection may be waived in the same
manner as subsection (b) may be waived under subsection (b)(4).''.
(c) Definitions.--Subsection (h) of such section, as redesignated
by subsection (b), is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (A), (B), and (C), respectively;
and
(2) 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. 803. REVISION TO REQUIREMENTS RELATING TO INVENTORY METHOD FOR
DEPARTMENT OF DEFENSE CONTRACTS FOR SERVICES.
(a) Revision to Current Requirements.--Section 2330a of title 10,
United States Code, is amended--
(1) by striking subsections (c), (d), (f), and (g);
(2) by redesignating subsections (e), (h), (i), and (j) as
subsections (d), (e), (f), and (g), respectively; and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Inventory.--(1) The Secretary of Defense shall implement a
method for inventory of Department of Defense contracts for services.
The method implemented under this subsection shall provide the
capability to--
``(A) make appropriate comparisons of contractor and
Government civilian full-time equivalent employees for the
purpose of informing sourcing decisions and workforce planning
in compliance with section 129a of this title;
``(B) distinguish between different types of services
contracts, including contracts for labor or staff augmentation
and other types of services contracts;
``(C) provide qualitative information such as the nature of
the work performed, the place where the work is actually
performed (on-site or off-site), and the entity for which the
work is performed; and
``(D) identify the number of contractor employees,
expressed as full-time equivalents for direct labor, using
direct labor hours and associated cost data collected from
contractors.
``(2) The Secretary shall ensure that the method implemented under
this subsection is auditable at minimal cost.''.
(b) Implementation of Inventory Method.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall implement a method for inventory of Department of Defense
contracts for services, as required by subsection (c) of section 2330a,
as amended by subsection (a). In implementing the method, the Secretary
shall use methods and systems, including time-and-attendance systems,
or combinations of methods and systems, in existence as of the date of
the enactment of this Act, as determined appropriate by the Secretary.
(c) Submission to Congress.--Not later than the end of the third
quarter of each fiscal year, through fiscal year 2021, the Secretary of
Defense shall submit to Congress a summary of the inventory reporting
activities performed by each military department, each combatant
command, and each Defense Agency, during the preceding fiscal year
pursuant to contracts for services (and pursuant to contracts for goods
to the extent services are a significant component of performance as
identified in a separate line item of a contract) for or on behalf of
the Department of Defense.
(d) Conforming Amendments.--
(1) Section 2330a of title 10, United States Code, is
further amended--
(A) in subsection (d), as redesignated by
subsection (a)(2) of this section, by striking ``Within
90 days after the date on which an inventory is
submitted under subsection (c),'' and inserting ``Not
later than the end of each fiscal year,''; and
(B) in subsection (e), as so redesignated--
(i) by striking ``2014 and ending with
2016'' and inserting ``2017 and ending with
2018''; and
(ii) by striking ``subsections (e) and
(f)'' and inserting ``subsection (c)''.
(2) Section 235(b) of such title is amended--
(A) by striking ``and separately'' and all the
follows through ``amount requested'' and inserting
``and separately identify the amount requested and the
number of full-time contractor employees (or the
equivalent of full-time in the case of part-time
contractor employees)'';
(B) by striking ``; and'' and inserting a period;
and
(C) by striking paragraph (2).
SEC. 804. PROCUREMENT OF PERSONAL PROTECTIVE EQUIPMENT.
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
amended--
(1) by inserting ``(a) Requirement.--'' before ``The
Secretary of Defense'';
(2) by striking ``that is predominately'' and all that
follows through ``price'' and inserting ``described in
subsection (b)''; and
(3) by adding at the end the following new subsection:
``(b) Source Selection Criteria Described.--For purposes of
subsection (a), the source selection criteria described in this
subsection are criteria--
``(1) that are predominately based on technical
qualifications of the item and not predominately based on
price;
``(2) that do not use reverse auction or lowest price
technically acceptable contracting methods; and
``(3) that reflect a preference for best value source
selection methods.''.
SEC. 805. 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. 806. 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. 807. 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. 808. 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 comply 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).
``(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. 809. REQUIREMENT FOR POLICIES AND STANDARD CHECKLIST IN
PROCUREMENT OF SERVICES.
(a) Requirement.--Section 2330a of title 10, United States Code, as
amended by section 803, is further amended by adding by adding at the
end the following new subsection:
``(h) Request for Services Contract Approval.--(1) The Under
Secretary of Defense for Personnel and Readiness shall--
``(A) ensure that Department of Defense Instruction
1100.22, Guidance for Manpower Mix, is modified to incorporate
policies establishing a standard checklist to be completed
ensuring the appropriate alignment of workload to the private
sector prior to the issuance of a solicitation for any new
contract for services or exercising an option under an existing
contract for services, including services provided under a
contract for goods; and
``(B) in coordination with the Under Secretary of Defense
for Acquisition, Technology, and Logistics, ensure that such
policies and checklist are incorporated by reference or
otherwise into the Service Requirements Review Board processes
established under Department of Defense Instruction 5000.74 and
into the pre-solicitation requirements of the Defense Federal
Acquisition Regulation Supplement.
``(2) Such checklist shall, at minimum, consolidate and address
workforce management and sourcing considerations established under
sections 129, 129a, 2461, and 2463 of this title as well as Office of
Federal Procurement Policy Letter 11-01.''.
(b) Army Model.--In implementing section 2330a(g) of title 10,
United States Code, as added by subsection (a), the Under Secretary of
Defense for Personnel and Readiness shall model, to the maximum extent
practicable, its policies and checklist on the policies and checklist
relating to services contract approval established and in use by the
Department of the Army (as set forth in the request for services
contract approval form updated as of August 2012, or any successor
form).
(c) Deadline.--The policies required under such section 2230a(g) of
such title, as so added, shall be issued within one year after the date
of the enactment of this Act.
SEC. 809A. EXTENSION OF LIMITATION ON AGGREGATE ANNUAL AMOUNT AVAILABLE
FOR CONTRACT SERVICES.
Section 808 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1489), as most recently amended
by section 813 of the National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3429) is further amended--
(1) in subsections (a) and (b), by striking ``or 2015'' and
inserting ``2015, 2016, or 2017'';
(2) in subsection (c)(3), by striking ``and 2015'' and
inserting ``2015, 2016, and 2017'';
(3) in subsection (d)(4), by striking ``or 2015'' and
inserting ``2015, 2016, or 2017''; and
(4) in subsection (e), by striking ``2015'' and inserting
``2017''.
SEC. 809B. 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''.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
SEC. 811. 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 ``10''.
SEC. 812. 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,
major automated information system 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 the system development and
demonstration, or production and deployment, of a major defense
acquisition program, major automated information system program, or
major subprogram unless an independent cost estimate of the full life-
cycle cost of the program or subprogram has been conducted or approved
by the Director of Cost Assessment and Program Evaluation and
considered by the milestone decision authority.
``(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 decision making that
identifies and evaluates alternative courses of action that may
reduce cost, reduce risk, and result in more affordable
programs.'';
(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, major automated information system programs, and
major subprograms;'';
(C) in paragraph (2)--
(i) by striking ``such confidence level
provides'' and inserting ``cost 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 acquisition cost data are collected in a standardized
format that facilitates cost estimation and comparison across
acquisition programs.
``(2) The program manager and contracting officer for each major
defense acquisition program, major automated information system
program, and major subprogram, 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) for any acquisition program in an amount greater than
$100,000,000.
``(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, major automated
information system 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, major automated information system
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, major automated information system
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. 813. 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. 814. 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, 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, 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 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;
(C) the extent to which such strategies influence
the planning for major defense acquisition programs;
and
(D) 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.
(b) Contract With Independent Entity.--Not later than 30 days after
the date of the enactment of this Act, the Secretary shall enter into a
contract with an independent entity with appropriate expertise to
conduct the review required by subsection (a). The contract also shall
require the entity to provide to the Secretary a report on the findings
of the entity.
(c) Briefing.--Not later than March 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 life-
cycle management or sustainment planning for major weapon systems, and
a description of any actions the Secretary may take to revise or
clarify regulations related to life-cycle management or sustainment
planning for major weapon systems.
SEC. 815. 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''.
Subtitle C--Provisions Relating to Commercial Items
SEC. 821. REVISION TO DEFINITION OF COMMERCIAL ITEM.
(a) In General.--Section 103(8) of title 41, United States Code, is
amended by striking ``to multiple State and local governments'' and
inserting ``to State, local, or foreign governments''.
(b) Effect on Section 2464.--Nothing in this section or the
amendment made by this section shall affect the meaning of the term
``commercial item'' under section (a)(5) of section 2464 of title 10,
United States Code, or any requirement under subsection (a)(3) or
subsection (c) of such section.
SEC. 822. 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. 823. 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. 824. 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. 825. PILOT PROGRAM FOR AUTHORITY TO ACQUIRE INNOVATIVE COMMERCIAL
ITEMS USING GENERAL SOLICITATION COMPETITIVE PROCEDURES.
(a) Authority.--The Secretary of Defense 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.
(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 on Funding.--
(1) Limitation on individual contract amount.--The
Secretary may not enter into a contract under the pilot program
for an amount in excess of $10,000,000.
(2) Annual limitation.--The total amount that may be
obligated or expended under the pilot program for a fiscal year
may not exceed $75,000,000.
(d) Limitation Relating to Major Defense Acquisition Program
Systems.--The Secretary may not acquire innovative commercial items
under the pilot program to replace a system under a major defense
acquisition program in its entirety.
(e) Guidance.--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 Office of Management and Budget and shall be posted for access
by the public.
(f) Reports Required.--
(1) In general.--Not later than six months after the
initiation of the pilot program, and every six months
thereafter, the Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
report on the activities the Department of Defense carried out
under the pilot program.
(2) Elements of report.--The report under this subsection
shall include the following:
(A) An assessment of the impact of the pilot
program on competition.
(B) An assessment of the ability under the pilot
program to attract proposals from nontraditional
defense contractors (as defined in section 2302(9) of
title 10, United States Code).
(C) 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.
(D) A recommendation on whether the authority for
the pilot program should be made permanent.
(3) Termination of report requirement.--The requirement to
submit a report under this subsection shall terminate on the
date occurring five years after the date of the enactment of
this Act.
(g) Definition.--In this section, the term ``innovative'' means--
(1) any new technology, process, or method, able to be used
to improve or replace existing information system applications,
programs, or networks, or used to improve research and
development of information technology advancements; or
(2) any new application of an existing technology, process,
or method.
(h) Termination.--The authority to enter into a contract under a
pilot program under this section terminates on the date occurring five
years after the date of the enactment of this Act.
Subtitle D--Other Matters
SEC. 831. REVIEW AND REPORT ON THE BID PROTEST PROCESS.
(a) Review.--The Secretary of Defense shall conduct a review of the
bid protest processes related to major defense acquisition programs.
The review shall examine the extent to which--
(1) the incidence and duration of bid protests have
increased or decreased during the previous decade;
(2) bid protests have delayed procurement of items or
services;
(3) there are differences in the incidence and outcomes of
bid protests filed by incumbent and non-incumbent contractors;
(4) protests filed by incumbent contractors result in
extension of the period of performance of a contract, and
whether there are benefits (monetary or non-monetary) to
incumbent contractors under such circumstances; and
(5) there are alternative actions or authorities that could
give the Government more flexibility in managing contracts if a
bid protest is filed.
(b) Contract With Independent Entity.--Not later than 30 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 in subsection (a).
(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 July 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. 832. 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 using
indefinite delivery contracts, including requirements for
competition.
(2) The number and value of all indefinite delivery
contracts entered into by the Department of Defense.
(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 to promote
competition with respect to indefinite delivery contracts.
SEC. 833. 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. 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; and
(6) determine the effect, if any, of flow-down provisions
on the participation rate of small businesses and non-
traditional defense contractors in defense procurements.
(b) Contract.--Not later than 30 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) Briefing.--Not later than March 1, 2017, the Secretary, or his
designee, shall brief the Committees on Armed Services of the Senate
and the House of Representatives on interim findings of the independent
entity as well as initial recommendations of the entity on how to
modify or eliminate contractual flow-down requirements that the entity
considers burdensome or unnecessary.
(d) 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. 834. REVIEW OF ANTI-COMPETITIVE SPECIFICATIONS IN INFORMATION
TECHNOLOGY ACQUISITIONS.
(a) 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.
(b) 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 subsection
(a).
(c) 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 subsection
(a).
SEC. 835. 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) through (g) as
subsections (b) through (f), 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.--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 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
department or component, unless the unmanned
aerial system can be obtained at less cost
through independent contract action.
``(2) Limitation on application.--The limitations of
paragraph (1)(B) shall not apply to any small unmanned aerial
system that consists of--
``(A) an unmanned aircraft weighing less than 55
pounds on takeoff, including all components and
equipment on board or otherwise attached to the
aircraft; and
``(B) associated elements (including communication
links and the components that control such aircraft)
that are required for the safe and efficient operation
of such aircraft.'';
(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 Comptroller General of the United
States 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 Comptroller General
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) Conforming amendment.--Section 569a of such title is
amended by striking subsection (e).
(3) 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. 836. 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 munition program.''.
SEC. 837. CLOSEOUT OF OLD DEPARTMENT OF THE NAVY CONTRACTS.
(a) Authority.--Notwithstanding any other provision of law, the
Secretary of the Navy may close out the 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 appropriations
for such contract line items have 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 appropriations for such contract line item have
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.--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; and
(2) without seeking further amounts from the contractor,
and without payment to the contractor of any amounts that may
be due under such contracts.
(d) Adjustment and Closure of Records.--After closeout of any
contract described in subsection (b) using the authority of this
section, the payment or accounting offices concerned may adjust and
close any open finance and accounting records relating to the contract.
SEC. 838. REQUIREMENT THAT CERTAIN SHIP COMPONENTS BE MANUFACTURED IN
THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
(a) Additional Procurement Limitation.--Section 2534(a) of title
10, United States Code, is amended by adding at the end the following
new paragraph:
``(6) Components for auxiliary ships.--Subject to
subsection (k), the following components:
``(A) Auxiliary equipment, including pumps, for all
shipboard services.
``(B) Propulsion system components, including
engines, reduction gears, and propellers.
``(C) Shipboard cranes.
``(D) Spreaders for shipboard cranes.''.
(b) Implementation.--Such section is further amended by adding at
the end the following new subsection:
``(k) Implementation of Auxiliary Ship Component Limitation.--
Subsection (a)(6) applies only with respect to contracts awarded by the
Secretary of a military department for new construction of an auxiliary
ship after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2017 using funds available for
National Defense Sealift Fund programs or Shipbuilding and Conversion,
Navy.''.
SEC. 839. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND
DETERMINATION ADJUSTMENT.
Subsection (d)(2)(D) of section 1705 of title 10, United States
Code, is amended by inserting after ``$400,000,000'' the following:
``except that, in the case of fiscal year 2017, the Secretary may
reduce the amount to $0''.
SEC. 840. AMENDMENT TO PROHIBITION ON PERFORMANCE OF NON-DEFENSE AUDITS
BY DEFENSE CONTRACT AUDIT AGENCY TO EXEMPT AUDITS FOR
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Section 893(a) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; Stat. 952) is amended--
(1) in paragraph (1), by striking ``Effective'' and
inserting ``Except as provided in paragraph (3), effective'';
and
(2) by adding at the end the following new paragraph:
``(3) Exception.--In this subsection, the term `non-Defense
Agencies' does not include the National Nuclear Security
Administration.''.
SEC. 841. 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. 842. MODIFICATIONS TO THE JUSTIFICATION AND APPROVAL PROCESS FOR
CERTAIN SOLE-SOURCE CONTRACTS FOR SMALL BUSINESS
CONCERNS.
(a) Repeal of Simplified Justification and Approval Process.--
Section 811 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2405; 41 U.S.C. 3304 note) is
repealed.
(b) Requirements for Justification and Approval Process.--
(1) Defense procurements.--Section 2304(f)(2)(D)(ii) of
title 10, United States Code, is amended by inserting ``only if
such procurement is for property or services in an amount less
than $20,000,000'' before the semicolon at the end.
(2) Civilian procurements.--Section 3304(e)(4) of title 41,
United States Code, is amended--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by striking ``or section
8(a) of the Small Business Act (15 U.S.C. 637(a)).''
and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(E) the procurement is for property or services
in an amount less than $20,000,000 and is conducted
under section 8(a) of the Small Business Act (15 U.S.C.
637(a)).''.
SEC. 843. BRIEFING ON DESIGN-BUILD CONSTRUCTION PROCESS FOR DEFENSE
CONTRACTS.
Not later than February 1, 2017, the Secretary of Defense shall
provide to the Committee on Armed Services of the House of
Representatives a briefing on the use and implementation of the two-
phase design-build selection procedures. The briefing shall address the
following:
(1) 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.
(2) 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.
(3) Any feedback the Department has received from industry.
(4) Any challenges to the implementation of the statute.
(5) Any additional criteria identified by the Secretary.
SEC. 844. ASSESSMENT OF OUTREACH FOR SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY WOMEN AND MINORITIES REQUIRED BEFORE
CONVERSION OF CERTAIN FUNCTIONS TO CONTRACTOR
PERFORMANCE.
No Department of Defense function that is performed by Department
of Defense civilian employees and is tied to a certain military base
may be converted to performance by a contractor until the Secretary of
Defense conducts an assessment to determine if the Department of
Defense has carried out sufficient outreach programs to assist small
business concerns owned and controlled by women (as such term is
defined in section 8(d)(3)(D) of the Small Business Act (15 U.S.C.
637(d)(3)(D))) and small business concerns owned and controlled by
socially and economically disadvantaged individuals (as such term is
defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C.
637(d)(3)(C))) that are located in the geographic area near the
military base.
SEC. 845. 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. 846. REVISION OF EFFECTIVE DATE FOR AMENDMENTS RELATING TO UNDER
SECRETARY OF DEFENSE FOR BUSINESS MANAGEMENT AND
INFORMATION.
Section 901(a)(1) 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) is amended by striking
``February 1, 2017'' and inserting ``February 1, 2018''.
SEC. 847. PROMOTION OF VALUE-BASED DEFENSE PROCUREMENT.
(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 inappropriate circumstances that potentially deny
the Department the benefits of cost and technical tradeoffs in the
source selection process.
(b) Requirement for Solicitations.--For new 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
shall be used only in situations in which--
(1) the Department of Defense is able to comprehensively
and clearly describe the minimum requirements expressed in term
of performance objectives, measures, and standards that will be
used to determine acceptability of offers;
(2) the Department 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) a review of technical proposals of offerors other than
the lowest bidder would result in no, or minimal, benefit to
the Department; and
(5) the contracting officer has included a justification
for the use of a lowest price technically acceptable evaluation
methodology in the contract file, if the contract to be awarded
is predominately for the acquisition of information technology
services, systems engineering and technical assistance
services, or other knowledge-based professional services.
(c) Avoidance of Use of Lowest Price Technically Acceptable Source
Selection Criteria in Procurements of Information Technology and
Auditing.--To the maximum extent practicable, the use of lowest price
technically acceptable source selection criteria shall be avoided when
the procurement is predominately for the acquisition of information
technology services, systems engineering and technical assistance
services, audit or audit readiness services, or other knowledge-based
professional services.
(d) Reporting.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Secretary of Defense 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, including an
explanation of how the criteria was considered when making a
determination to use lowest price technically acceptable source
selection criteria.
SEC. 848. 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).
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Goldwater-Nichols Reform
SEC. 901. SENSE OF CONGRESS ON GOLDWATER-NICHOLS REFORM.
It is the sense of Congress that the following principles should be
adhered to in any reform of the Goldwater-Nichols Department of Defense
Reorganization Act of 1986:
(1) Civilian control of the military and the civilian chain
of command must be preserved.
(2) The role of the Chairman of the Joint Chiefs of Staff
in providing independent military advice, as the principal
military advisor to the President and the Secretary of Defense,
must be preserved.
(3) Any changes to the Goldwater-Nichols Act of 1986 should
be rooted in a clear identification and understanding of the
issues and the objectives and ramifications of any changes.
(4) Any changes to the Goldwater-Nichols Act of 1986 should
enhance the capabilities of the United States Armed Forces.
(5) Each Geographical Unified Command has its own distinct
area of emphasis and expertise, as well as requirements and
responsibilities. Combining Northern Command and Southern
Command, or combining European Command and Africa Command,
would severely degrade mission effectiveness, but would provide
only marginal increased efficiency. Additionally, consolidating
Geographic Unified Commands would cause unacceptable risk to
both global strategic influence as well as regional capability,
and would exacerbate already significant capacity challenges.
(6) The emphasis on strategy and planning in the Goldwater-
Nichols Act must be sustained.
(7) Complex security challenges will become increasingly
transregional, multi-domain, and multi-functional.
(8) Therefore, the Department of Defense, including
streamlined headquarters staffs, must be more agile and
adaptive.
SEC. 902. REPEAL OF DEFENSE STRATEGY REVIEW.
(a) Repeal.--Section 118 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 118.
SEC. 903. 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''. The purpose of the commission is to examine and make
recommendations with respect to 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 capabilities, 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 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 to
provide recommendations on 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 of Defense 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 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 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 strategic and military 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.
(f) Funding.-- Of the amounts authorized to be appropriated or
otherwise made available pursuant to this Act to 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. 904. REFORM OF DEFENSE STRATEGIC AND POLICY GUIDANCE.
Subsection (g) of section 113 of title 10, United States Code, is
amended to read as follows:
``(g) Defense Strategic and Policy Guidance.--
``(1) Defense strategic guidance.--The Secretary of
Defense, with the advice and assistance of the Chairman of the
Joint Chiefs of Staff, shall provide every four years to the
heads of the military departments, the unified and specified
combatant commands, all other Defense Agencies and Department
of Defense Field Activities, and any other elements of the
Department of Defense named in paragraphs (1) to (10) of
section 111(b) of this title, written strategic guidance
expressing the national defense strategy of the United States.
The strategic guidance shall--
``(A) 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) be a mechanism for--
``(i) setting priorities for sizing and
shaping the force, guiding the development and
sustainment of capabilities, allocating
resources, and adjusting the organization of
the Department of Defense to respond to changes
in the strategic environment;
``(ii) monitoring, assessing, and holding
accountable agencies within the Department of
Defense for the development of policies and
programs that support the national defense
strategy;
``(iii) integrating and supporting other
national and related interagency security
policies and strategies with other Department
of Defense guidance, plans, and activities; and
``(iv) communicating such national defense
strategy to the American public, Congress,
relevant United States Government agencies, and
allies and international partners;
``(C) provide a comprehensive discussion of--
``(i) the assumed strategic environment,
including security challenges, and the assumed
or defined prioritized national security
interests and objectives of the United States;
``(ii) the prioritized military missions
for which the Department of Defense must
prepare and the assumed force planning
scenarios and constructs;
``(iii) the roles and missions of the armed
forces to carry out those missions, and the
assumed roles and capabilities provided by
other United States Government agencies and by
allies and international partners;
``(iv) the force size and shape, posture,
capabilities, readiness, infrastructure,
organization, personnel, and other elements of
the defense program necessary to support the
strategy;
``(v) the resources necessary to support
the strategy, including an estimated budget
plan; and
``(vi) the strategic and military risks
associated with the strategy, including the
relationships and tradeoffs between missions,
risks, and resources; and
``(D) include any additional or alternative views
of the Chairman of the Joint Chiefs of Staff, including
any military assessment of risks associated with the
defense strategy.
``(2) Policy guidance on development of forces.--In
implementing the guidance in paragraph (1), the Secretary of
Defense, with the advice and assistance of the Chairman of the
Joint Chiefs of Staff, shall provide annually to the heads of
the military departments, the unified and specified combatant
commands, all other Defense Agencies and Department of Defense
Field Activities, and any other elements of the Department of
Defense named in paragraphs (1) to (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 prioritized national security interests
and objectives;
``(B) the prioritized military missions of the
Department of Defense, including the assumed force
planning scenarios and constructs;
``(C) the force size and shape, posture,
capabilities, readiness, infrastructure, organization,
personnel, 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) Policy guidance on contingency planning.--In
implementing the guidance in paragraph (1), the Secretary of
Defense, 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) Submission to congress.--(A) Not later than February
15th in any calendar year in which any of the written guidance
in paragraphs (1), (2), and (3) is required, the Secretary of
Defense shall submit to the congressional defense committees a
copy of such guidance developed under such paragraphs.
``(B) In addition, not later than February 15th in any
calendar year in which the written guidance in paragraph (1) is
required, the Secretary of Defense shall submit to the
congressional defense committees a detailed summary of any
classified aspects of the strategic guidance, including
assumptions regarding the strategic environment; military
missions; force planning scenarios and constructs; force size,
shape, posture, capabilities, and readiness; and any additional
or alternative views of the Chairman of the Joint Chiefs of
Staff.''.
SEC. 905. REFORM OF THE NATIONAL MILITARY STRATEGY.
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 subparagraph
or to update a strategy previously prepared in accordance with
this subsection. 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 of 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 this 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 defense strategic guidance
provided by the Secretary of Defense pursuant to
section 113 of this title; and
``(iv) 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 be a mechanism
for--
``(i) developing military ends, ways, and means to
support the objectives referred to in subparagraph (C);
``(ii) assessing strategic and military risks, and
developing risk mitigation options;
``(iii) establishing a strategic framework for the
development of operational and contingency plans;
``(iv) prioritizing joint force capabilities,
capacities, and resources; and
``(v) establishing military guidance for the
development of the joint force.''.
SEC. 906. 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.''.
SEC. 907. TERM OF OFFICE FOR THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF.
(a) Amendments.--Section 152(a) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``a term of two years''
and all that follows through the end and inserting the
following: ``a term of four years, beginning on October 1 of a
year that is three years following a year evenly divisible by
four. The limitation of this paragraph on the length of term
does not apply in time of war.''; and
(2) in paragraph (3), by striking ``exceeds six years'' and
all that follows through the end and inserting the following:
``exceeds eight years. The limitation of this paragraph does
not apply in time of war.''.
(b) Delayed Effective Date.--The amendments made by this section
shall take effect on October 1, 2019.
SEC. 908. RESPONSIBILITIES OF THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF
RELATING TO OPERATIONS.
Section 153(a) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively;
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Advice on operations.--Advising--
``(A) the President and the Secretary of Defense on
ongoing military operations; and
``(B) the Secretary on the allocation and transfer
of forces among geographic and functional combatant
commands, as necessary, to address transregional,
multi-domain, and multi-functional threats.''.
SEC. 909. ASSIGNED FORCES WITHIN THE CONTINENTAL UNITED STATES.
Section 162(a) of title 10, United States Code, is amended--
(1) in paragraph (2), by inserting after ``of this title''
the following: ``, other forces within the continental United
States that are directed by the Secretary of Defense to be
assigned to a military department,''; and
(2) in paragraph (4), by inserting after ``unified
combatant command'' the following: ``, other than forces within
the continental United States that are directed by the
Secretary to be assigned to a military department,''.
SEC. 910. REDUCTION IN GENERAL OFFICER AND FLAG OFFICER GRADES AND
POSITIONS.
(a) Grade of Service or Functional Component Commander.--Section
164(e) of title 10, United States Code, is amended by adding after
paragraph (4) the following new paragraph:
``(5) The grade of an officer serving as a commander of a
service or functional component command under a commander of a
combatant command shall be no higher than lieutenant general or
vice admiral.''.
(b) Definitions.--Section 164 of such title is further amended by
adding at the end the following new subsection:
``(h) Definitions.--For purposes of this section--
``(1) a service component command is subordinate to the
commander of a unified command and consists of the service
component commander and the service forces (such as
individuals, units, detachments, and organizations, including
the support forces), as assigned by the Secretary of Defense,
that have been assigned to that combatant commander; and
``(2) a functional component command is a command normally,
but not necessarily, composed of forces of two or more military
departments which may be established across the range of
military operations to perform particular operational missions
that may be of short duration or may extend over a period of
time.''.
(c) Reduction in Positions.--
(1) Reduction.--The Secretary of Defense shall reduce the
total number of officers in the grade of general or admiral on
active duty by five positions.
(2) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on how the Department
of Defense plans to implement the reductions required by
paragraph (1), including how to balance and reduce the total
number of general officers and flag officers in accordance with
sections 525 and 526 of title 10, United States Code.
(d) Treatment of Current Commanders.--An officer serving on the
date of the enactment of this Act as a commander of a service or
functional component command under a commander of a combatant command
shall serve in that position until the appointment of another officer
in accordance with the amendment made by subsection (a).
SEC. 911. ESTABLISHMENT OF UNIFIED COMBATANT COMMAND FOR CYBER
OPERATIONS.
(a) Establishment of Cyber Command.--Chapter 6 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 169. 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 operations
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
his 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 in coordination with
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) 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):
``(A) Developing strategy, doctrine, and tactics.
``(B) 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.
``(C) 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.
``(D) Training assigned forces.
``(E) Conducting specialized courses of instruction for
commissioned and noncommissioned officers.
``(F) Validating requirements.
``(G) Establishing priorities for requirements.
``(H) Ensuring the interoperability of equipment and
forces.
``(I) Formulating and submitting requirements for
intelligence support.
``(J) Monitoring the promotions, assignments, retention,
training, and professional military education of cyber
operations forces officers.
``(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
such chapter is amended by adding at the end the following new item:
``169. Unified combatant command for cyber operations.''.
SEC. 912. REVISION OF REQUIREMENTS RELATING TO LENGTH OF JOINT DUTY
ASSIGNMENTS.
(a) Minimum Length of Assignment.--Section 664(a) of title 10,
United States Code, is amended by striking ``assignment--'' and
paragraphs (1) and (2) and inserting `` assignment shall not be less
than two years.''.
(b) Repeal of Requirements Relating to Initial Assignment of
Certain Officers and Average Tour Lengths.--Section 664 of title 10,
United States Code, is amended by striking subsections (c) and (e).
(c) Exclusions From Tour Length.--Section 664(d) of title 10,
United States Code, is amended--
(1) in paragraph (1), by striking in subparagraph (D) and
inserting the following new subparagraph:
``(D) a qualifying reassignment from a joint duty
assignment as prescribed by the Secretary of Defense by
regulation.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(d) Full Tour of Duty.--Section 664(f) of title 10, United States
Code, is amended--
(1) in paragraph (1), by striking ``prescribed in'' and
inserting ``prescribed under'';
(2) by striking paragraphs (2) and (4);
(3) by redesignating paragraphs (3) and (5) as paragraphs
(2) and (3), respectively; and
(4) by redesignating paragraph (6) as paragraph (4), and in
that paragraph, by striking ``, but not less than two years''.
(e) Constructive Credit.--Section 664(h) of title 10, United States
Code, is amended--
(1) by striking ``(1) The Secretary of Defense may accord''
and inserting ``The Secretary of Defense may award''; and
(2) by striking paragraph (2).
(f) Clerical and Conforming Amendments.--Section 664 of title 10,
United States Code, is further amended--
(1) by redesignating subsections (d), (f), (g), and (h) as
subsections (c), (d), (e), and (f), respectively;
(2) in subsection (c), as redesignated, by striking
``subsection (f)(3)'' and inserting ``subsection (d)(2)'';
(3) in subsection (d), as redesignated, by striking
``subsection (g)'' and inserting ``subsection (e)'';
(4) in subsection (e), as redesignated, by striking ``
subsection (f)(3)'' and inserting `` subsection (d)(2)''; and
(5) in subsection (f), as redesignated, by striking
``paragraphs (1), (2), and (4) of subsection (f)'' and
inserting ``subsection (d)(1)''.
SEC. 913. 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).
SEC. 914. INDEPENDENT ASSESSMENT OF COMBATANT COMMAND STRUCTURE.
(a) Assessment Required.--Not later than 30 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 an assessment on combatant command structure, and to provide
recommendations for improving the overall effectiveness of combatant
command structures.
(b) Elements.--The assessment shall include an examination of the
following:
(1) The evolution of combatant command requirements and
resources over the last 15 years of conflict.
(2) The organization, composition, and size of combatant
commands.
(3) The resources of combatant commands, including the
degree to which combatant commands are adequately resourced and
the degree to which combatant command requirements for forces
are met.
(4) The benefits, drawbacks, and resource implications of
eliminating, consolidating, or altering the structure of
combatant commands.
(5) A comparison of combatant command structures with
alternative structures, including Joint Task Force or task-
organized forces below the combatant command level.
(c) Report.--Not later than March 1, 2017, the Secretary of Defense
shall submit to the congressional defense committees a report on the
findings and recommendations of the independent entity.
Subtitle B--Other Matters
SEC. 921. 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
submitted on or before January 31, 2021'';
(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 Public Law 110-417 (10
U.S.C. 2228 note) is amended by striking paragraph (5).
SEC. 922. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT JOINT SPECIAL
OPERATIONS UNIVERSITY.
Section 1595(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) The Joint Special Operations University.''.
SEC. 923. GUIDELINES FOR CONVERSION OF FUNCTIONS PERFORMED BY CIVILIAN
OR CONTRACTOR PERSONNEL TO PERFORMANCE BY MILITARY
PERSONNEL.
Section 129a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) Guidelines for Performance of Certain Functions by Military
Personnel.--(1) Except as provided in paragraph (2), no functions
performed by civilian personnel or contractors may be converted to
performance by military personnel unless--
``(A) there is a direct link between the functions to be
performed and a military occupational specialty; and
``(B) the conversion to performance by military personnel
is cost effective, based on Department of Defense instruction
7041.04 (or any successor administrative regulation, directive,
or policy).
``(2) Paragraph (1) shall not apply to the following functions:
``(A) Functions required by law or regulation to be
performed by military personnel.
``(B) Functions related to--
``(i) missions involving operation risks and
combatant status under the Law of War;
``(ii) specialized collective and individual
training requiring military-unique knowledge and skills
based on recent operational experience;
``(iii) independent advice to senior civilian
leadership in the Department of Defense requiring
military-unique knowledge and skills based on recent
operational experience; and
``(iv) command and control arrangements under
chapter 47 of this title (the Uniform Code of Military
Justice).''.
SEC. 924. PUBLIC RELEASE BY INSPECTORS GENERAL OF REPORTS OF
MISCONDUCT.
(a) Release of Inspector General of the Department of Defense
Administrative Misconduct Reports.--Section 141 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(c) Within 60 days after issuing a final report, the Inspector
General of the Department of Defense shall publicly release any reports
of administrative investigations that confirm misconduct, including
violations of Federal law and violations of policies of the Department
of Defense, of members of the Senior Executive Service, individuals who
are employed in positions of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations, or commissioned officers in the Armed
Forces in pay grades O-6 promotable and above. In releasing the
reports, the Inspector General shall ensure that information that would
be protected under section 552 of title 5 (commonly known as the
`Freedom of Information Act'), section 552a of title 5 (commonly known
as the `Privacy Act of 1974'), or section 6103 of the Internal Revenue
Code of 1986 is not disclosed.''.
(b) Release of Inspector General of the Army Administrative
Misconduct Reports.--Section 3020 of such title is amended by adding at
the end the following new subsection:
``(f) Within 60 days after issuing a final report, the Inspector
General of the Army shall publicly release any reports of
administrative investigations that confirm misconduct, including
violations of Federal law and violations of policies of the Department
of Defense, of members of the Senior Executive Service, individuals who
are employed in positions of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations, or commissioned officers in the Armed
Forces in pay grades O-6 promotable and above. In releasing the
reports, the Inspector General shall ensure that information that would
be protected under section 552 of title 5 (commonly known as the
`Freedom of Information Act'), section 552a of title 5 (commonly known
as the `Privacy Act of 1974'), or section 6103 of the Internal Revenue
Code of 1986 is not disclosed.''.
(c) Release of Naval Inspector General Administrative Misconduct
Reports.--Section 5020 of such title is amended by adding at the end
the following new subsection:
``(e) Within 60 days after issuing a final report, the Naval
Inspector General shall publicly release any reports of administrative
investigations that confirm misconduct, including violations of Federal
law and violations of policies of the Department of Defense, of members
of the Senior Executive Service, individuals who are employed in
positions of a confidential or policy-determining character under
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations, or commissioned officers in the Armed Forces in pay grades
O-6 promotable and above. In releasing the reports, the Naval Inspector
General shall ensure that information that would be protected under
section 552 of title 5 (commonly known as the `Freedom of Information
Act'), section 552a of title 5 (commonly known as the `Privacy Act of
1974'), or section 6103 of the Internal Revenue Code of 1986 is not
disclosed.''.
(d) Release of Inspector General of the Air Force Administrative
Misconduct Reports.--Section 8020 of such title is amended by adding at
the end the following new subsection:
``(f) Within 60 days after issuing a final report, the Inspector
General of the Air Force shall publicly release any reports of
administrative investigations that confirm misconduct, including
violations of Federal law and violations of policies of the Department
of Defense, of members of the Senior Executive Service, individuals who
are employed in positions of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations, or commissioned officers in the Armed
Forces in pay grades O-6 promotable and above. In releasing the
reports, the Inspector General shall ensure that information that would
be protected under section 552 of title 5 (commonly known as the
`Freedom of Information Act'), section 552a of title 5 (commonly known
as the `Privacy Act of 1974'), or section 6103 of the Internal Revenue
Code of 1986 is not disclosed.''.
SEC. 925. 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. 926. REFORM OF NATIONAL SECURITY COUNCIL.
(a) Findings.--Congress finds the following:
(1) The National Security Council has increasingly
micromanaged military operations and centralized decisionmaking
within the staff of the National Security Council. The size of
the staff has contributed this problem.
(2) As stated by former Secretary of Defense Robert M.
Gates, ``It was the operational micromanagement that drove me
nuts of White House and [National Security Council] staffers
calling senior commanders out in the field and asking them
questions, second guessing commanders'', and by another former
Secretary of Defense Leon Panetta, ``[B]ecause of that
centralization of that authority at the White House, there are
too few voices being heard in terms of the ability to make
decisions and that includes members of the cabinet.''.
(3) Gates stated, ``You have 25 people working on a single
military problem... They are going to be doing things they
shouldn't be doing,'' and Panetta noted, ``The National
Security Council has grown enormously, which means you have a
lot more staff people running around at the White House on
these foreign policy issues.''.
(4) Press reports indicate that National Security Council
micromanagement has included selecting targets in ongoing
military operations, specifying detailed parameters and
limitations on military operations, and managing military
planning and the execution of plans.
(5) As stated in section 101(a) of the National Security
Act of 1947 (50 U.S.C. 3021(a)), the ``function of the Council
shall be to advise the President with respect to the
integration of domestic, foreign, and military policies
relating to the national security so as to enable the military
services and the other departments and agencies of the
Government to cooperate more effectively in matters involving
the national security''.
(6) As stated in the November 1961 staff reports and
recommendations on ``Organizing for National Security''
submitted to the Committee on Government Operations of the
Senate by the Subcommittee on National Policy Machinery, ``The
Council is an interagency committee: It can inform, debate,
review, adjust, and validate... The Council is not a
decisionmaking body; it does not itself make policy. It serves
only in an advisory capacity to the President, helping him
arrive at decisions which he alone can make.''.
(7) As noted in the 1987 Report of the President's Special
Review Board (commonly known as the ``Tower Commission
Report''), ``As a general matter, the [National Security
Council] staff should not engage in the implementation of
policy or the conduct of operations. This compromises their
oversight role and usurps the responsibilities of the
departments and agencies.''.
(8) As noted in the ``Addendum on Structure and Process
Analyses: Volume II - Executive Office of the President,''
accompanying the February 2001 U.S. Commission on National
Security/21st Century (commonly known as the ``Hart-Rudman
Commission''), ``[T]he degree to which the [National Security
Council] gets involved in operational issues raises a question
of congressional oversight. Today there is limited
congressional oversight of the [National Security Council]...
Assigning the [National Security Council] greater operational
responsibility would likely result in calls for more
congressional oversight and legislative control...''.
(9) According to analysis from the Brookings Institution's
National Security Council Project, the size of the National
Security Council staff from the early 1960s to the mid-1990s
remained consistently under 60 personnel. Since then, it has
grown significantly in size.
(10) As former National Security Advisor, Zbigniew
Brzezinski, wrote in ``The NSC's Midlife Crisis'' in Foreign
Policy, Winter 1987-1988, ``There is no magic number, but it
would appear that for successful strategic planning and policy
coordination 30-40 senior staff members are probably adequate.
However, to ensure effective supervision over policy
implementation as well, the size of the staff should be
somewhat larger. An optimal figure for the senior staff
probably would be about 50 senior staff members.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the function of the National Security Council,
consistent with the National Security Act of 1947 (50 U.S.C.
3001 et seq.), is to advise the President as an independent
honest broker on national security matters, to coordinate
national security activities across departments and agencies,
and to make recommendations to the President regarding national
security objectives and policy, and the size of the staff of
the National Security Council should be appropriately aligned
to this function;
(2) the President is entitled to privacy in the Office of
the President and to a confidential relationship with the
National Security Advisor and the National Security Council;
and
(3) however, a National Security Council, enabled by a
large staff, that assumes a central policymaking or operational
role is no longer advisory and should be publicly accountable
to the American people through Senate confirmation of its
leadership and the activities of the Council subject to direct
oversight by Congress.
(c) Amendments to National Security Act of 1947.--Section 101 of
the National Security Act of 1947 (50 U.S.C. 3021), is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'';
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding after paragraph (6) the following new
paragraph:
``(7) the Assistant to the President for National Security
Affairs.'';
(2) in subsection (c), by striking ``shall receive
compensation at the rate of $10,000 a year.'' and inserting
``shall report to, and be under the general supervision of, the
Assistant to the President for National Security Affairs.'';
(3) by redesignating subsections (d) through (l) as
subsections (e) through (m), respectively; and
(4) by inserting after subsection (c) the following new
subsection:
``(d)(1)(A) Except as provided by subparagraph (B), the Assistant
to the President for National Security Affairs shall be appointed by
the President.
``(B) If the staff of the Council exceeds 100 covered employees at
any point during a term of the President, and for the duration of such
term (without regard to any changes to the number of such covered
employees), the Assistant to the President for National Security
Affairs shall be appointed by the President, by and with the advice and
consent of the Senate.
``(2)(A) Beginning on the date on which the staff of the Council
exceeds 100 covered employees, the person appointed as the Assistant
under paragraph (1)(A), the person nominated by the President to be
appointed the Assistant under paragraph (1)(B), or any other person
designated by the President to serve as the Assistant in an acting
capacity, may serve in an acting capacity for no longer than 210 days.
``(B) If the person nominated by the President to be appointed the
Assistant under paragraph (1)(B) is rejected by the Senate, withdrawn,
or returned to the President by the Senate, the President shall
nominate another person and the person serving as the acting Assistant
may continue to serve--
``(i) until the second nomination is confirmed; or
``(ii) for no more than 210 days after the second
nomination is rejected, withdrawn, or returned.
``(3) The President shall notify Congress in writing not more than
seven days after the date on which the staff of the Council exceeds 100
covered employees.
``(4) In this subsection, the term `covered employees' means each
of the following officers and employees (counted without regard to
full-time equivalent basis):
``(A) Officers and employees occupying a position funded by
the Executive Office of the President performing a function of
the Council.
``(B) Officers, employees, and members of the Armed Forces
from any department, agency, or independent establishment of
the executive branch of the Government that are on detail to
the Council performing a function of the Council.''.
(d) Conforming Amendment.--Section 3(12) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6402(12)) is amended by
striking ``section 101(i)'' and inserting ``section 101(l)''.
Subtitle C--Department of the Navy and Marine Corps
SEC. 931. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE DEPARTMENT
OF THE NAVY AND MARINE CORPS.
(a) Redesignation of Military Department.--The military department
designated as the Department of the Navy is redesignated as the
Department of the Navy and Marine Corps.
(b) Redesignation of Secretary and Other Statutory Offices.--
(1) Secretary.--The position of the Secretary of the Navy
is redesignated as the Secretary of the Navy and Marine Corps.
(2) Other statutory offices.--The positions of the Under
Secretary of the Navy, the four Assistant Secretaries of the
Navy, and the General Counsel of the Department of the Navy are
redesignated as the Under Secretary of the Navy and Marine
Corps, the Assistant Secretaries of the Navy and Marine Corps,
and the General Counsel of the Department of the Navy and
Marine Corps, respectively.
SEC. 932. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) Definition of ``Military Department''.--Paragraph (8) of
section 101(a) of title 10, United States Code, is amended to read as
follows:
``(8) The term `military department' means the Department
of the Army, the Department of the Navy and Marine Corps, and
the Department of the Air Force.''.
(b) Organization of Department.--The text of section 5011 of such
title is amended to read as follows: ``The Department of the Navy and
Marine Corps is separately organized under the Secretary of the Navy
and Marine Corps.''.
(c) Position of Secretary.--Section 5013(a)(1) of such title is
amended by striking ``There is a Secretary of the Navy'' and inserting
``There is a Secretary of the Navy and Marine Corps''.
(d) Chapter Headings.--
(1) The heading of chapter 503 of such title is amended to
read as follows:
``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.
(2) The heading of chapter 507 of such title is amended to
read as follows:
``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE
CORPS''.
(e) Other Amendments.--
(1) Title 10, United States Code, is amended by striking
``Department of the Navy'' and ``Secretary of the Navy'' each
place they appear other than as specified in subsections (a),
(b), (c), and (d) (including in section headings, subsection
captions, tables of chapters, and tables of sections) and
inserting ``Department of the Navy and Marine Corps'' and
``Secretary of the Navy and Marine Corps'', respectively, in
each case with the matter inserted to be in the same typeface
and typestyle as the matter stricken.
(2)(A) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2),
5032(a), and 5042(a) of such title are amended by striking
``Assistant Secretaries of the Navy'' and inserting ``Assistant
Secretaries of the Navy and Marine Corps''.
(B) The heading of section 5016 of such title, and the item
relating to such section in the table of sections at the
beginning of chapter 503 of such title, are each amended by
inserting ``and Marine Corps'' after ``of the Navy'', with the
matter inserted in each case to be in the same typeface and
typestyle as the matter amended.
SEC. 933. OTHER PROVISIONS OF LAW AND OTHER REFERENCES.
(a) Title 37, United States Code.--Title 37, United States Code, is
amended by striking ``Department of the Navy'' and ``Secretary of the
Navy'' each place they appear and inserting ``Department of the Navy
and Marine Corps'' and ``Secretary of the Navy and Marine Corps'',
respectively.
(b) Other References.--Any reference in any law other than in title
10 or title 37, United States Code, or in any regulation, document,
record, or other paper of the United States, to the Department of the
Navy shall be considered to be a reference to the Department of the
Navy and Marine Corps. Any such reference to an office specified in
section 2(b) shall be considered to be a reference to that officer as
redesignated by that section.
SEC. 934. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect on the first day of the first month beginning more than 60 days
after the date of the enactment of this Act.
TITLE X--GENERAL PROVISIONS
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
$5,000,000,000.
(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. 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.
SEC. 1003. REPORT ON AUDITABLE FINANCIAL STATEMENTS.
Not later than 30 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.
Subtitle B--Counter-Drug Activities
SEC. 1011. EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES OF FOREIGN GOVERNMENTS.
Section 1033(a)(2) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as most recently
amended by section 1012 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 963), is further amended
by striking ``September 30, 2017'' and inserting ``September 30,
2019''.
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 may review and
approve 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(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
962), is further amended--
(1) in subsection (a), by striking ``2017'' and inserting
``2018''; and
(2) in subsection (c), by striking ``2017'' and inserting
``2018''.
SEC. 1014. UNMANNED AERIAL SYSTEMS TRAINING MISSIONS.
The Secretary of Defense shall 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.
SEC. 1015. FUNDING FOR COUNTER NARCOTICS OPERATIONS.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for drug
interdiction and counterdrug activities, Defense-wide, as specified in
the corresponding funding table in section 4501 is hereby increased by
$3,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
operation and maintenance, as specified in the corresponding funding
table in section 4301, for administration and servicewide activities,
Defense Logistics Agency (Line 160) is hereby reduced by $3,000,000.
SEC. 1016. REPORT ON EFFORTS OF UNITED STATES SOUTHERN COMMAND
OPERATION TO DETECT AND MONITOR DRUG TRAFFICKING.
The Secretary of Defense shall submit to Congress a report on the
effectiveness of the United States Southern Command Operation to limit
threats to the national security of the United States by detecting and
monitoring drug trafficking, specifically heroin and fentanyl.
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) 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 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.''.
(b) 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.''.
SEC. 1023. NATIONAL SEA-BASED DETERRENCE FUND.
(a) Transfer Authority.--Section 1022(b)(1) of the National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat.
3487), as amended by section 1022(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92), is further
amended by striking ``or 2017'' and inserting ``2017, or 2018''.
(b) Authority for Multiyear Procurement of Critical Components to
Support Continuous Production.--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.--(1) To implement the continuous
production of critical components, 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 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) 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.''.
(c) 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.
(a) Limitation on Retirement or Inactivation.--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 in a modernization status more than six
cruisers and one dock landing ship identified in 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).
(b) Hull, Mechanical, and Electrical Modernization.--Not more than
75 percent of the funds made available for the Office of the Secretary
of Defense for fiscal year 2017 may be obligated until the Secretary of
the Navy--
(1) enters into a contract for the modernization industrial
period associated with four cruisers and one dock landing ship
referred to in 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); and
(2) enters into a contract for the procurement of combat
systems upgrades associated with six such cruisers and one such
dock landing ship.
SEC. 1025. RESTRICTIONS ON THE OVERHAUL AND REPAIR OF VESSELS IN
FOREIGN SHIPYARDS.
(a) In General.--Section 7310(b)(1) of title 10, United States
Code, is amended--
(1) by striking ``In the case'' and inserting ``(A) Except
as provided in subparagraph (B), in the case'';
(2) by striking ``during the 15-month'' and all that
follows through ``United States)'';
(3) by inserting before the period at the end the
following: ``, other than in the case of voyage repairs''; and
(4) by adding at the end the following new subparagraph:
``(B) The Secretary of the Navy may waive the application of
subparagraph (A) to a contract award if the Secretary determines that
the waiver is essential to the national security interests of the
United States.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the later of the following dates:
(1) The date of the enactment of the National Defense
Authorization Act for Fiscal Year 2018.
(2) October 1, 2017.
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, CUBA 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. MODIFICATION OF CONGRESSIONAL NOTIFICATION OF SENSITIVE
MILITARY OPERATIONS.
Section 130f of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting ``no later
than 48 hours'' after ``under this title''; and
(B) in the second sentence, by inserting ``and the
National Defense Authorization Act for Fiscal Year
2017'' before the period at the end; and
(2) by striking subsection (d) and inserting the following:
``(d) Sensitive Military Operation Defined.--In this section, the
term `sensitive military operation' means an operation--
``(1) conducted by the United States armed forces outside
the United States, whether conducted by the United States
acting alone or cooperatively;
``(2) conducted pursuant to--
``(A) the Authorization for the Use of Military
Force (Public Law 107-40; 50 U.S.C. 1541); or
``(B) any other authority except--
``(i) a declaration of war; or
``(ii) a specific statutory authorization
for the use of force other than the
authorization referred to in subparagraph (A);
``(3) conducted outside a theater of major hostilities; and
``(4) that is either--
``(A) a lethal operation;
``(B) a capture operation; or
``(C) an activity of self-defense, collective self
defense, or in defense of a foreign partner during a
cooperative operation.''.
SEC. 1037. COMPREHENSIVE STRATEGY FOR DETENTION OF CERTAIN INDIVIDUALS.
(a) In General.--Not later than July 19, 2017, the Secretary of
Defense shall, in consultation with the Attorney General and the
Director of National Intelligence, submit to the appropriate
congressional committees a report setting forth the details of a
comprehensive strategy for the detention of current and future
individuals captured and held pursuant to the Authorization for Use of
Military Force (Public Law 107-40) pending the end of hostilities.
(b) Comprehensive Strategy.--The comprehensive detention strategy
required by subsection (a) shall contain the following:
(1) A policy and plan applicable to individuals lawfully
detained under the effective control of the United States.
(2) A description of how intelligence information is
currently gathered from individuals captured in theaters of
combat operation.
(3) A plan for the disposition of individuals captured in
the future.
(4) A description of how the United States will acquire
intelligence information in the future.
(5) A plan for the disposition of individuals held pursuant
to the Authorization for Use of Military Force who are
currently detained at the United States Naval Base, Guantanamo
Bay, Cuba.
(c) Form.--The comprehensive detention strategy required under
subsection (b) shall be submitted in unclassified form, but may include
a classified annex.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(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; and
(3) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 1038. DECLASSIFICATION OF INFORMATION ON PAST TERRORIST ACTIVITIES
OF DETAINEES TRANSFERRED FROM UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall--
(1) 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;
(2) make available to the public any information
declassified as a result of the declassification review; and
(3) submit to the appropriate congressional committees,
consistent with the protection of sources and methods, a report
setting forth--
(A) the results of the declassification review; and
(B) if any information covered by the
declassification review was not declassified pursuant
to the review, a justification for the determination
not to declassify such information.
(b) Past Terrorist Activities.--For purposes of this section, the
past terrorist activities of an individual shall include the terrorist
activities conducted by the individual before the transfer of the
individual to the detention facility at United States Naval Station,
Guantanamo Bay, including, at a minimum, the following:
(1) The terrorist organization, if any, with which
affiliated.
(2) The terrorist training, if any, received.
(3) The role in past terrorist attacks against the
interests or allies of the United States.
(4) The direct responsibility, if any, for the death of
citizens of the United States or members of the Armed Forces.
(5) Any admission of any matter specified in paragraphs (1)
through (4).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs of the House of
Representatives;
(3) the Committee on Foreign Relations of the Senate;
(4) the Permanent Committee on Intelligence of the House of
Representatives; and
(5) the Select Committee on Intelligence of the Senate.
SEC. 1039. PROHIBITION ON ENFORCEMENT OF MILITARY COMMISSION RULINGS
PREVENTING MEMBERS OF THE ARMED FORCES FROM CARRYING OUT
OTHERWISE LAWFUL DUTIES BASED ON MEMBER GENDER.
(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 gender of such member.
(b) Applicability to Prior Orders, Etc.--In the case of an order,
ruling, finding, or other determination described in subsection (a)
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 the
enactment of this Act, such order, ruling, finding, or determination
shall be deemed to be vacated and null and void only to the extent of
any prohibition or restriction on the duties of members of the Armed
Forces that is based on the gender of members.
(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 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. LIMITATION ON RETIREMENT, DEACTIVATION, OR DECOMMISSIONING
OF MINE COUNTERMEASURES SHIPS.
Section 1090 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 111-92; 129 Stat. 1016) is amended by striking
subsection (b) and inserting the following:
``(b) Limitation on Retirement of MCM Ships.--
``(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the
Department of the Navy for fiscal year 2017 may be obligated or
expended to retire, deactivate, decommission, to prepare to
retire, deactivate, decommission, or to place in storage backup
inventory or reduced operating status any MCM-1 class ship.
``(2) Waiver authority.--
``(A) In general.--The Secretary of the Navy may
waive the limitation under paragraph (1) with respect
to any MCM-1 class ship if the Secretary provides to
the congressional defense committees certification that
the operational test and evaluation for replacement
capabilities for the ship is complete and such
capabilities are available in sufficient quantities to
ensure sufficient mine countermeasures capacity is
available to meet requirements as set forth in the Join
Strategic Capabilities Plan, the campaign plans of the
combatant commanders, and the Navy's Force Structure
Assessment.
``(B) Report.--The first time the Secretary of the
Navy exercises the waiver authority under subparagraph
(A), the Secretary shall submit to the congressional
defense committees a report that includes--
``(i) the recommendations of the Secretary
regarding MCM force structure;
``(ii) the recommendations of the Secretary
regarding how to ensure the operational
effectiveness of the surface MCM force through
2025 based on current capabilities and
capacity, replacement schedules, and service
life extensions or retirement schedules;
``(iii) an assessment of the MCM vessels,
including the decommissioned MCM-1 and MCM-2
ships and the potential of such ships for
reserve operating status; and
``(iv) an assessment of the Littoral Combat
Ship MCM mission package increment one
performance against the initial operational
test and evaluation criteria.''.
SEC. 1043. 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. 1044. 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, 2020.
(b) Evaluation and Report.--The Secretary of the Navy may not
implement or enforce any change to Navy female service dress uniforms
until the Secretary submits 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. 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 female members of the Navy active and
reserve components.
SEC. 1045. 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. 1046. TRANSPORTATION ON MILITARY AIRCRAFT ON A SPACE-AVAILABLE
BASIS FOR MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES
WITH DISABILITIES RATED AS TOTAL.
(a) Availability of Transportation.--Section 2641b of title 10,
United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Special Priority for Certain Disabled Veterans.--(1) The
Secretary of Defense shall provide transportation on scheduled and
unscheduled military flights within the continental United States and
on scheduled overseas flights operated by the Air Mobility Command on a
space-available basis for any member or former member 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.
``(2) The transportation priority required by paragraph (1) for
veterans described in such paragraph applies whether or not the
Secretary establishes the travel program authorized by this section.
``(3) In this subsection, the term `disability rated as total' has
the meanings given that term in section 1414(e)(3) of this title.''.
(b) Effective Date.--Subsection (f) of section 2641b of title 10,
United States Code, as added by subsection (a), shall take effect at
the end of the 90-day period beginning on the date of the enactment of
this Act.
SEC. 1047. NATIONAL GUARD FLYOVERS OF PUBLIC EVENTS.
(a) Statement of Policy.--It shall be the policy of the Department
of Defense that flyovers of public events in support of community
relations activities may only be flown as part of an approved training
mission at no additional expense to the Federal Government.
(b) National Guard Flyover Approval Process.--The Adjutant General
of a State in which an Army National Guard or Air National Guard unit
is based will be the approval authority for all Air National Guard and
Army National Guard flyovers in that State, including any request for a
flyover in any civilian domain at a nonaviation related event.
(c) Flyover Record Maintenance; Report.--
(1) Record maintenance.--The Secretary of Defense shall
keep and maintain records of flyover requests, approvals, and
the total costs of all flyover missions, including the costs of
fuel, maintenance, and manpower, in a publicly accessible
database that is updated annually.
(2) GAO report.--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 Committee on Armed Services
of the House of Representatives and the Committee on Armed
Services of the Senate a report on flyovers and the process
whereby flyover requests are made and evaluated, including--
(A) whether there is any cost to taxpayers
associated with flyovers;
(B) whether there is any appreciable public
relations or recruitment value that comes from
flyovers; and
(C) the impact flyovers have to aviator training
and readiness.
(d) Flyover Defined.--In this section, the term ``flyover'' means
aviation support--
(1) in which a straight and level flight limited to one
pass by a single military aircraft, or by a single formation of
four or fewer military aircraft of the same type, from the same
military department over a predetermined point on the ground at
a specific time;
(2) that does not involve aerobatics or demonstrations; and
(3) uses bank angles of up to 90 degrees if required to
improve the spectator visibility of the aircraft.
(e) State Defined.--In this section, the term ``State'' includes
the District of Columbia, the Commonwealth of Puerto Rico, Guam, the
Commonwealth of the Northern Mariana Islands, and any territory or
possession of the United States.
SEC. 1048. APPLICATION OF THE FREEDOM OF INFORMATION ACT TO THE
NATIONAL SECURITY COUNCIL.
(a) In General.--Section 552(f)(1) of title 5, United States Code
(commonly referred to as the Freedom of Information Act), is amended by
inserting ``and the National Security Council'' after ``the Executive
Office of the President''.
(b) Effective Date; Application.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date on which the first Assistant to
the President for National Security Affairs is appointed by the
President, by and with the advice and consent of the Senate,
pursuant to section 101(d)(1)(B) of the National Security Act
of 1947 (50 U.S.C. 3021(d)(1)(B)), as added by title IX of this
Act.
(2) Application.--The amendment made by subsection (a)
shall apply with respect to any record created by the National
Security Council on or after the date specified in paragraph
(1).
SEC. 1049. REQUIREMENT RELATING TO TRANSFER OF EXCESS DEPARTMENT OF
DEFENSE EQUIPMENT TO FEDERAL AND STATE AGENCIES.
Section 2576a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) Preference for Border Security Purposes.--(1) In transferring
the personal property described in paragraph (2) under this section,
the Secretary of Defense may give first preference to the Department of
Homeland Security and then to Federal and State agencies that agree to
use the property primarily for the purpose of strengthening border
security along the southern border of the United States.
``(2) The personal property described in this section is--
``(A) unmanned aerial vehicles;
``(B) the Aerostat radar system;
``(C) night-vision goggles; and
``(D) high mobility multi-purpose wheel vehicles (commonly
known as `humvees').''.
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 January 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 127b(f), relating to a report on the
administration of Department of Defense rewards program against
international terrorism.
(2) Section 127d(d), relating to a report on provision of
logistic support, supplies, and services to allied forces
participating in combined operations.
(3) Section 139(h), relating to a report on operational
test and evaluation activities of the Department of Defense,
including the report component required by section 2399(g) on
operational test and evaluation of defense acquisition
programs.
(4) Section 139b(d), relating to a report on activities of
the Deputy Assistant Secretary of Defense for Developmental
Test and Evaluation.
(5) Sections 153(c), relating to a report on the
requirements of the combatant commands.
(6) Section 179(f), relating to reports and assessments
regarding nuclear stockpile and stockpile stewardship program.
(7) Section 196(d), relating to a report on the strategic
plan reflecting the needs of the Department of Defense with
respect to test and evaluation facilities and resources.
(8) Section 229, relating to submission of budget
information regarding Department of Defense programs for
combating terrorism.
(9) Section 231, relating to submission of naval vessel
construction plan and related certification.
(10) Section 238, relating to submission of a budget
justification display regarding cyber mission forces.
(11) Section 401(d), relating to a report on the provision
of humanitarian and civic assistance in conjunction with
military operations.
(12) Section 494(b), relating to a report on the nuclear
weapons stockpile of the United States.
(13) Section 526(j), relating to a report on general
officer and flag officer numbers.
(14) Section 981(c), relating to a report on enlisted aide
numbers.
(15) Section 1557(e), relating to a report on any failure
to achieve timeliness standard for disposition of applications
before Corrections Boards.
(16) Section 2011(e), relating to a report on training of
special operations forces with friendly foreign forces.
(17) Section 2166(i), relating to a report on the
activities of the Western Hemisphere Institute for Security
Cooperation.
(18) Section 2218(h), relating to submission of budget
requests for the National Defense Sealift Fund.
(19) Section 2228(e), relating to a report on the long-term
strategy and related matters regarding reducing corrosion and
its effects on military equipment and infrastructure.
(20) Section 2229a, relating to a report on the status of
materiel in the prepositioned stocks.
(21) Section 2249c(c), relating to a report on the
administration of the Regional Defense Combating Terrorism
Fellowship Program.
(22) Section 2275, relating to reports on major satellite
acquisition programs, including report updates under subsection
(f) of such section.
(23) Section 2276(e), relating to a report on the funds,
services, and equipment accepted and used in connection with
commercial space launch cooperation.
(24) Section 2445b, relating to submission of budget
justification documents regarding major automated information
system programs and other major information technology
investment programs.
(25) Section 2464(d), relating to a report on core depot-
level maintenance and repair capabilities.
(26) Section 2466(d), relating to a report on expenditures
for performance of depot-level maintenance and repair
workloads.
(27) Section 2561(c), relating to a report on the use of
humanitarian assistance for providing transportation of
humanitarian relief and for other humanitarian purposes.
(28) Section 2684a(g), relating to a report on projects
undertaken under agreements to limit encroachments and other
constraints on military training, testing, and operations.
(29) Section 2687a, relating to reports on the status of
overseas closures and realignments and master plans,
expenditures from the Department of Defense Overseas Facility
Investment Recovery Account, and agreement of settlement with
host countries regarding the release of facility improvements
made by the United States.
(30) Section 2711, relating to a report on defense
environmental programs.
(31) Sections 2831(e) and 2884(b)(4), relating to reports
on quarters for general or flag officers.
(32) Sections 2884(b) and (c), relating to reports on the
Department of Defense Housing Funds, provision of a basic
allowance for housing to members of the Armed Forces living in
military privatized housing, plans for housing privatization
activities, and the status of oversight and accountability
measures for military housing privatization projects.
(33) Section 2912(d), relating to a statement of the energy
cost savings available for obligation.
(34) Section 2925, relating to reports on Department of
Defense energy management and operational energy.
(35) Section 4721(e), relating to submission of a budget
request and related materials regarding Army National Military
Cemeteries.
(36) Section 7310(c), relating to a report on repairs and
maintenance performed on certain naval vessels in a foreign
shipyard.
(37) Section 10541, relating to a report on equipment of
the National Guard and other reserve components.
(38) Section 10543, relating to a component of the future-
years defense program regarding National Guard and other
reserve components equipment procurement and military
construction funding and associated annexes and report.
(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 232(e) (10 U.S.C. 2358 note), relating to a
report on the pilot program on assignment to the Defense
Advanced Research Projects Agency of certain private sector
personnel.
(2) Section 546(d) (10 U.S.C. 1561 note), relating to a
report on activities of the Defense Advisory Committee on
Investigation, Prosecution, and Defense of Sexual Assault in
the Armed Forces.
(3) Section 1003 (10 U.S.C. 221 note), relating to
reporting of balances carried forward by the Department of
Defense at the end of each fiscal year.
(4) Section 1026(d) (128 Stat. 3490), relating to a report
on the status of the modernization of Ticonderoga-class
cruisers and dock landing ships.
(5) Section 1055 (128 Stat. 3498), relating to a report on
the Air Force response to the recommendations of the National
Commission on the Structure of the Air Force.
(6) Section 1204(b) (10 U.S.C. 2249e note), relating to a
report on administration of section 2249e of title 10, United
States Code.
(7) Section 1205(e) (128 Stat. 3537), relating to a report
on the assessment of programs carried out under section 2282(f)
of title 10, United States Code.
(8) Section 1206(e) (10 U.S.C. 2282 note), relating to a
report on the training of security forces and associated
security ministries of foreign countries to promote respect for
the rule of law and human rights.
(9) Section 1207(d) (10 U.S.C. 2342 note), relating to a
report on loan of personnel protection and personnel
survivability equipment to military forces of foreign nations.
(10) Section 1211 (128 Stat. 3544), relating to a report on
programs carried out by the Department of Defense to provide
training, equipment, or other assistance or reimbursement to
foreign security forces.
(11) Section 1225 (128 Stat. 3550), relating to a report on
enhancing security and stability in Afghanistan.
(12) Section 1245 (128 Stat. 3566), relating to a report on
military and security developments involving the Russian
Federation.
(13) Section 2821(a)(3) (10 U.S.C. 2687 note), relating to
notice of any adjustment to the funding limitation on
implementation of the Record of Decision for the relocation of
Marine Corps forces to Guam.
(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), relating to a
report on the pilot program on investigational treatment of
members of the Armed Forces for traumatic brain injury and
post-traumatic stress disorder.
(2) Sections 713(f), (g), and (h) (10 U.S.C. 1071 note),
relating to providing a financial summary of efforts to develop
interoperable electronic health records, updates on the
progress of data sharing, and information on executive
committee activities.
(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 1009 (126 Stat. 1906), relating to a report on
the use of funds in the Drug Interdiction and Counter-Drug
Activities, Defense-wide account.
(2) Section 1023 (126 Stat. 1911), relating to a report on
recidivism of individuals who have been detained at United
States Naval Station, Guantanamo Bay, Cuba.
(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), relating to a report
on use of combat mission requirements funds.
(2) Section 1631(d) (10 U.S.C. 1561 note), relating to a
report on sexual assaults involving members of the Armed Forces
and improvement to sexual assault prevention and response
program.
(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), relating to a
report on the comprehensive policy on pain management by the
Military Health Care System.
(2) Section 1003(b) (10 U.S.C. 2222 note), relating to a
report on implementation by the Department of Defense of the
Financial Improvement and Audit Readiness Plan.
(3) Section 1245 (123 Stat. 2542), relating to a report on
military power of Iran.
(i) Reports Required by Other Laws.--Subject to subsection (b),
subsection (a) applies to reporting requirements contained in the
following provisions of law:
(1) Section 717(c) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 1073
note), relating to a report on TRICARE Program effectiveness.
(2) Section 1202 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 113 note),
relating to a report on military and security developments
involving the People's Republic of China.
(3) Section 1208(f) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 2086), relating to a report on the provision of
support for special operations to combat terrorism.
(4) Section 1405(d) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 801
note), relating to a report on any modification made to the
procedures for status review of detainees outside the United
States.
(5) 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), relating to a report regarding overhaul,
repair, and maintenance performed on certain vessels in the
United States.
(6) Section 1034(d) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 309),
relating to a report on the provision of support for non-
Federal development and testing of material for chemical agent
defense.
(7) Section 1236 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1641),
relating to a report on military and security developments
involving the Democratic People's Republic of Korea.
(8) Section 103A(b)(3) of the Sikes Act (16 U.S.C. 670c-
1(b)(3)), relating to a report on the disposition of certain
appropriated funds provided under cooperative and interagency
agreements for land management on installations.
(9) Section 1511(h) of the Armed Forces Retirement Home Act
of 1991 (24 U.S.C. 411(h)), relating to a report on the
financial and other affairs of the Armed Forces Retirement
Home.
(10) 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), relating to a report on the activities of the National
Guard counterdrug schools.
(11) Section 14 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h-5), relating to a report on the
requirements of the National Defense Stockpile.
(12) 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), relating to reports on
destruction of existing stockpile of lethal chemical agents and
munitions, including implementation by the United States of its
chemical weapons destruction obligations under the Chemical
Weapons Convention.
(13) Section 1703 of the National Defense Authorization Act
for Fiscal Year 1994 (50 U.S.C. 1523), relating to a report on
chemical and biological warfare defense.
(14) Section 234 of the National Defense Authorization Act
for Fiscal Year 1998 (50 U.S.C. 2367), relating to a report on
acquisition of technology relating to weapons of mass
destruction and their threat.
(15) 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), relating to a report on effectiveness
of activities and utilization of certain procedures under
Federal Voting Assistance Program.
(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''.
SEC. 1062. 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. 1063. 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. 1064. REPORT ON SERVICE-PROVIDED SUPPORT 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 common service
support contributed from each of the military services toward special
operations forces. Such report shall include--
(1) detailed information about the resources allocated by
each military service for combat support, combat service
support, and base operating support for special operations
forces; and
(2) an assessment of the specific effects that future
manpower and force structure changes are likely to have on the
capability of each of the military services to provide common
service support to special operations forces.
(b) Annual Updates.--For each of fiscal years 2018 through 2020,
the Secretary of Defense 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. 1065. 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. 1066. REPORT ON COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS.
(a) In General.--The Secretary of Defense shall submit to the
congressional defense committees a biennial report on the
counterproliferation activities and programs of the Department of
Defense. The Secretary shall submit the first such report by not later
than May 1, 2017.
(b) Matters Included.--Each 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.--Each report under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(d) Termination of Requirement.--No report shall be required to be
submitted under this section after January 31, 2021.
SEC. 1067. INCLUSION OF BALLISTIC MISSILE DEFENSE INFORMATION IN ANNUAL
REPORT ON REQUIREMENTS OF COMBATANT COMMANDS.
(a) In General.--Paragraph (2)(A) of section 153(c) of title 10,
United States Code, is amended by inserting before the period the
following: ``, including the integrated priorities list requirements
for ballistic missile defense by the geographic combatant commands and
the prioritized capabilities list for ballistic missile defense
developed by the Commander of the United States Strategic Command''.
(b) Report Duration.--Paragraph (1) of such section is amended by
striking ``At or about'' and inserting ``During the period preceding
January 31, 2021, at or about''.
SEC. 1068. REVIEWS BY DEPARTMENT OF DEFENSE CONCERNING NATIONAL
SECURITY USE OF SPECTRUM.
(a) Review and Report to the Congressional Defense Committees.--Not
later than one year after the date of the enactment of this Act, and
every two years thereafter until January 31, 2021, the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff shall submit to
the congressional defense committees a report containing the results of
a comprehensive review conducted by the Secretary and the Chairman of
all uses by the Department of Defense of spectrum. Such review shall
include the use of spectrum in military plans, training, test, and in
military capabilities that are in development or have been fielded for
any known or potential impacts of sharing or repurposing of spectrum
used or allocated to be used by the Department of Defense that may be
reallocated or shared pursuant to a spectrum auction, sharing
arrangement, or other arrangement, or that is otherwise identified as
part of the 10-year plan developed by the National Telecommunications
and Information Administration, and whether there are known or possible
mitigations in the event of reallocation or sharing that they
recommend, including exclusion zones, equipment modifications,
development or procurement of new technology, or any other mitigation
they believe will protect Department of Defense use of such spectrum,
including projected or estimated potential costs of the same, and
whether such costs will be borne out of Defense of Defense total
obligation authority.
(b) Certification.--At the time of the submission of the report
required under subsection (a), the Secretary and the Chairman shall
both certify that they understand any potential impacts to Department
of Defense use of spectrum that could result from a spectrum auction,
reallocation, or sharing arrangement as of that date, and submit such
certification to the congressional defense committees.
(c) Report of Non-concurrence or Veto.--The Secretary of Defense
shall notify the congressional defense committees as to whether the
Secretary has not concurred with or otherwise objected to the most
recent version of the 10-year plan developed by the National
Telecommunications and Information Administration not later than 30
days after the date of such non-concurrence or other objection.
(d) Funding Withheld.--The Secretary of Defense and the Chairman of
the Joint Chiefs of Staff may not obligate more than 95 percent of the
funding authorized to be appropriated to the Department of Defense for
fiscal year 2017 for operation and maintenance for headquarters
operations before the date that is 30 days after the date on which the
report required by subsection (a) and the certification required under
subsection (b) are submitted to the congressional defense committees.
SEC. 1069. ANNUAL REPORT ON PERSONNEL, TRAINING, AND EQUIPMENT
REQUIREMENTS FOR THE NON-FEDERALIZED NATIONAL GUARD TO
SUPPORT CIVILIAN AUTHORITIES IN PREVENTION AND RESPONSE
TO DOMESTIC DISASTERS.
(a) Annual Report Required.--Section 10504 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``Report.--'' and
inserting ``Report on State of the National Guard.--(1)'';
(2) by striking ``(b) Submission of Report to Congress.--''
and inserting ``(2)'';
(3) by striking ``annual report of the Chief of the
National Guard Bureau'' and inserting ``annual report required
by paragraph (1)''; and
(4) by adding at the end the following new subsection (b):
``(b) Annual Report on Non-Federalized Service National Guard
Personnel, Training, and Equipment Requirements.--(1) Not later than
January 31 of each of calendar years 2017 through 2021, the Chief of
the National Guard Bureau shall submit to the congressional defense
committees and the officials specified in paragraph (5) a report
setting forth the personnel, training, and equipment required by the
National Guard during the next fiscal year to carry out its mission,
while not Federalized, to provide prevention, protection mitigation,
response, and recovery activities in support of civilian authorities in
connection with natural and man-made disasters.
``(2) To determine the annual personnel, training, and equipment
requirements of the National Guard referred to in paragraph (1), the
Chief of the National Guard Bureau shall take into account, at a
minimum, the following:
``(A) Core civilian capabilities gaps for the prevention,
protection, mitigation, response, and recovery activities in
connection with natural and man-made disasters, as collected by
the Department of Homeland Security from the States.
``(B) Threat and hazard identifications and risk
assessments of the Department of Defense, the Department of
Homeland Security, and the States.
``(3) Personnel, training, and equipment requirements shall be
collected from the States, validated by the Chief of the National Guard
Bureau, and be categorized in the report required by paragraph (1) by
each of the following:
``(A) Emergency support functions of the National Response
Framework.
``(B) Federal Emergency Management Agency regions.
``(4) The annual report required by paragraph (1) shall be prepared
in consultation with the chief executive of each State, other
appropriate civilian authorities, and the Council of Governors.
``(5) In addition to the congressional defense committees, the
annual report required by paragraph (1) shall be submitted to the
following officials:
``(A) The Secretary of Defense.
``(B) The Secretary of Homeland Security.
``(C) The Council of Governors.
``(D) The Secretary of the Army.
``(E) The Secretary of the Air Force.
``(F) The Commander of the United States Northern Command.
``(G) The Commander of the United States Cyber Command.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 10504. Chief of the National Guard Bureau: annual reports''.
(2) Table of contents.--The table of sections at the
beginning of chapter 1011 of title 10, United States Code, is
amended by striking the item relating to section 10504 and
inserting the following new section:
``10504. Chief of the National Guard Bureau: annual reports.''.
SEC. 1070. BRIEFING ON CRITERIA FOR DETERMINING LOCATIONS OF AIR FORCE
INSTALLATION AND MISSION SUPPORT CENTER HEADQUARTERS.
(a) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall provide a
briefing to the Committee on Armed Services of the House of
Representatives on the Department of 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.
(b) Contents of Briefing.--The briefing under subsection (a) will
specifically address the rationale behind the distance categories used
to allocate points under this mission criteria referred to in
subsection (a), and shall provide references to any existing government
guidance that supports use of these distance categories. In addition,
the briefing shall include an analysis regarding the reasons why the
Department did not consider commuting times as a more equitable way of
determining proximity to commercial hub airports that would account for
the impact of different traffic conditions across the candidate
locations.
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. REPORT ON CARRIER AIR WING FORCE STRUCTURE.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report on the
impact of changes to existing carrier air wing force structure and the
impact a potential reduction to 9 carrier air wings would have on
overall fleet readiness if aircraft and personnel were to be
distributed throughout the remaining 9 air wings.
SEC. 1073. QUARTERLY REPORTS ON PARACHUTE JUMPS CONDUCTED AT FORT BRAGG
AND POPE ARMY AIRFIELD AND AIR FORCE SUPPORT FOR SUCH
JUMPS.
(a) Report Required.--Until January 31, 2020, the Secretary of the
Air Force and the Secretary of the Army shall submit to the Committees
on Armed Services of the House of Representatives and the Senate
quarterly reports--
(1) specifying the number of parachute jumps conducted at
Fort Bragg and Pope Army Airfield, North Carolina, during the
three-month period covered by the report; and
(2) describing and evaluating the level of air support
provided by the Air Force for those jumps.
(b) Joint Airborne Air Transportability Training Contracts.--As
part of each report submitted under subsection (a), the Secretaries
shall specifically provide the following:
(1) The number of Joint Airborne Air Transportability
Training contracts requested during the three-month period
covered by the report by all units located at Fort Bragg and
Pope Army Airfield.
(2) The number of Joint Airborne Air Transportability
Training contracts validated during the three-month period
covered by the report for units located at Fort Bragg and Pope
Army Airfield.
(3) The number of Joint Airborne Air Transportability
Training contracts not validated during the three-month period
covered by the report for units located at Fort Bragg and Pope
Army Airfield.
(4) In the case of each Joint Airborne Air Transportability
Training contract identified pursuant to paragraph (3), the
reason the contract was not validated.
SEC. 1074. BRIEFING ON REAL PROPERTY INVENTORY.
(a) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall brief the
Committee on Armed Services of the House of Representatives on the
status of the Installation Geospatial Information and Services of the
Department of Defense as it relates to the real property inventory of
the Department, and the extent to which the Department has made use of
the cadastral geographic information systems-based real property
inventory.
(b) Matters Covered.--The briefing required by subsection (a)
shall, at a minimum, cover the following:
(1) The status of current policies of the Department
governing real property inventories and the use of geospatial
information systems, the status of real property inventory in
relation to the financial improvement and audit readiness
efforts of the Department, and the status of implementation of
Department of Defense Instruction 8130.01, Installation
Geospatial Information and Services (IGI&S).
(2) The extent to which the Department is coordinating with
the Federal Geographic Data Committee, other Federal agencies,
and State and local governments, and how existing Department
standards and common protocols ensure that the interoperability
of geospatial information complies with section 216 of the E-
Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501
note) and Executive Orders 12906 and 13327.
(3) The existing real property inventories systems or any
components of any cadastre currently authorized by law or
conducted by the Department of Defense, the statutory
authorization for such inventories or components, and the
amount expended by the Federal Government for each such
activity in fiscal year 2015.
(4) A discussion of the Department's ability to make this
information publicly available on the Internet in a graphically
geo-enabled and searchable format, and how the Department plans
to prevent the disclosure of any parcel or parcels of land, any
buildings or facilities on any such parcel, or any information
related to any such parcel, building, or facility, if such
disclosure would impair or jeopardize the national security or
homeland defense of the United States.
(5) Any additional topics identified by the Secretary.
SEC. 1075. REPORT ON ADJUSTMENT AND DIVERSIFICATION ASSISTANCE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall 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
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.
SEC. 1076. BRIEFING ON THE PROTECTION OF PERSONALLY IDENTIFYING
INFORMATION OF MEMBERS OF THE ARMED FORCES.
Not later than 90 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 efforts of the Department of Defense to
protect the personally identifiable information of members of the Armed
Forces and their families, and of employees of the Department of
Defense, which shall include--
(1) current and planned initiatives to protect the
personally identifying information of members of the Armed
Forces and their families, and employees of the Department of
Defense;
(2) the challenges encountered in carrying out the
activities described in paragraph (1); and
(3) any trends related to fraudulent activity that targets
the personally identifying information of members of the Armed
Forces or their families, or employees of the Department of
Defense.
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, to be added by
section 633(a)(1) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 848), 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.
(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 U.S.C. App. 456(d)(1))'' 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 of title 10, United States Code,
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 9513(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 883(a)(2) (129 Stat. 947) is amended by
striking ``such chapter'' and inserting ``chapter 131 of such
title''.
(3) Section 883 (129 Stat. 942) 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.''.
(4) 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).''.
(5) 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. 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. 1083. 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. 1084. 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. 1085. CLARIFICATION OF CONTRACTS COVERED BY AIRLIFT SERVICE
PROVISION.
Section 9516 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Contract for Airlift Service Defined.--In this section, the
term `contract for airlift service' means--
``(1) a contract with the Department of Defense for airlift
service;
``(2) any contract with the Department of Defense other
than a contract described in paragraph (1), if transportation
services are used in the performance of the contract; or
``(3) any subcontract (at any tier) under a contract
described in paragraph (1) or (2) if the subcontract is for
airlift service or if transportation services are used in the
performance of the subcontract.''.
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 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 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 operation 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 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. 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, or serving under section 328 of title 32, 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, and the State adjutants
general 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) On 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. 1089. 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 U.S.S. OZARK, soon followed by the arrival of
submarines E-1, D-1, and D-3 under the care of the tender
U.S.S. TONOPAH, and on November 1, 1915, the arrival of the
first ship built as a submarine tender, the U.S.S. 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 U.S.S. NAUTILUS (SSN 571), and
nearly half of the nuclear submarines ever built by the United
States.
(12) The Submarine Force Library and 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. 1090. LNG PERMITTING CERTAINTY AND TRANSPARENCY.
(a) Action on Applications.--
(1) Decision deadline.--For proposals that must also obtain
authorization from the Federal Energy Regulatory Commission or
the United States Maritime Administration to site, construct,
expand, or operate LNG export facilities, the Department of
Energy shall issue a final decision on any application for the
authorization to export natural gas under section 3 of the
Natural Gas Act (15 U.S.C. 717b) not later than 30 days after
the later of--
(A) the conclusion of the review to site,
construct, expand, or operate the LNG facilities
required by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); or
(B) the date of enactment of this Act.
(2) Conclusion of review.--For purposes of paragraph (1),
review required by the National Environmental Policy Act of
1969 shall be considered concluded--
(A) for a project requiring an Environmental Impact
Statement, 30 days after publication of a Final
Environmental Impact Statement;
(B) for a project for which an Environmental
Assessment has been prepared, 30 days after publication
by the Department of Energy of a Finding of No
Significant Impact; and
(C) upon a determination by the lead agency that an
application is eligible for a categorical exclusion
pursuant National Environmental Policy Act of 1969
implementing regulations.
(3) Judicial action.--(A) The United States Court of
Appeals for the circuit in which the export facility will be
located pursuant to an application described in paragraph (1)
shall have original jurisdiction over any civil action for the
review of--
(i) an order issued by the Department of Energy
with respect to such application; or
(ii) the Department of Energy's failure to issue a
final decision on such application.
(B) If the Court in a civil action described in
subparagraph (A) finds that the Department of Energy has failed
to issue a final decision on the application as required under
paragraph (1), the Court shall order the Department of Energy
to issue such final decision not later than 30 days after the
Court's order.
(C) The Court shall set any civil action brought under this
paragraph for expedited consideration and shall set the matter
on the docket as soon as practical after the filing date of the
initial pleading.
(b) Public Disclosure of Export Destinations.--Section 3 of the
Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the
following:
``(g) Public Disclosure of LNG Export Destinations.--As a condition
for approval of any authorization to export LNG, the Secretary of
Energy shall require the applicant to publicly disclose the specific
destination or destinations of any such authorized LNG exports.''.
SEC. 1091. 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. 1092. TRANSFER OF SURPLUS FIREARMS TO CORPORATION FOR THE
PROMOTION OF RIFLE PRACTICE AND FIREARMS SAFETY.
(a) In General.--Section 40728(h) of title 36, United States Code,
is amended--
(1) by striking ``(1) Subject to paragraph (2), the
Secretary may transfer'' and inserting ``The Secretary shall
transfer'';
(2) by striking ``The Secretary shall determine a
reasonable schedule for the transfer of such surplus
pistols.''; and
(3) by striking paragraph (2).
(b) Pilot Program.--Section 1087 of National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1012) is
amended--
(1) in subsection (b)(1)--
(A) by striking ``may'' each place it appears and
inserting ``shall''; and
(B) by striking ``not more than 10,000''; and
(2) by striking subsection (c).
SEC. 1093. SENSE OF CONGRESS REGARDING THE IMPORTANCE OF PANAMA CITY,
FLORIDA, TO THE HISTORY AND FUTURE OF THE ARMED FORCES.
(a) Findings.--Congress makes the following findings:
(1) On December 6, 1941--one day before the attack on Pearl
Harbor--the War Department established Tyndall Field as an Army
Air Force gunnery school in Panama City, Florida.
(2) Tyndall Field was named in honor of native Floridian
Lieutenant Francis B. Tyndall, who received the U.S. Air Force
flying ace designation for his service in the First World War.
(3) Tyndall Field became an important center for aerial
gunnery training during the Second World War, hosting training
missions using aircraft including A-33, 0-47, AT-6, Martin B-26
Marauders, and B-17 bombers.
(4) On January 13, 1948, Tyndall Field became Tyndall Air
Force Base and was an active site for air training and defense
throughout the Cold War.
(5) Tyndall AFB is now home to the First Air Force as well
as the 325th Fighter Wing Headquarters and their F-22 Raptors.
(6) The 325th Fighter Wing has been instrumental to
national security at such crucial junctures as the Cuban
Missile Crisis, throughout the Cold War, and more recently in
intercepting unidentified aircraft and supporting anti-
smuggling efforts.
(7) On July 20, 1945, the Navy Mine Countermeasure Station
was established in Panama City.
(8) The Navy Mine Countermeasure Station developed into the
Naval Support Activity Panama City (NSAPC), which has
faithfully carried out its mission since its inception and
continues to support the crucial efforts and important research
of tenant command organizations such as the Naval Surface
Warfare Center: Panama City Division (NSWC PCD) and the Navy
Experimental Diving Unit (NEDU).
(9) Research performed at NSWC PCD has been integral to
equipping the Navy with the personnel and technology necessary
to maintaining its status as the world's greatest and most
technologically advanced.
(10) NSWC PCD's newest facility, the Littoral Warfare
Research Facility, is one of the Navy's major research,
development, test, and evaluation laboratories and where
standards for weapons integration on Littoral Combat Ships are
often developed.
(11) NEDU is a global hub of research, development, and
testing for undersea operations.
(12) During the Second World War, the Wainwright Shipyard
in Panama City built over 100 vessels for the war effort and
employed over 15,000 people.
(13) Panama City's shipbuilding legacy continues as home to
one of today's most prolific domestic shipbuilders, Eastern
Shipbuilding.
(14) The Department of Defense is the largest employer in
Panama City, where many of the residents and their relatives
have proudly served in the Armed Forces for generations.
(b) Sense of Congress.--Congress--
(1) commends the longstanding dedication and contribution
to the Armed Forces by the people of Panama City, both through
the legacy of naval shipbuilding and through their ongoing
commitment to support the mission of Panama City's military
installations and the personnel assigned to them;
(2) honors the members of the Armed Forces who have trained
and served at the several military installations in and around
Panama City;
(3) recognizes the contribution of the industry and
workforce of Panama City to naval shipbuilding; and
(4) encourages the recognition of the importance of Panama
City to the history of the Armed Forces by Congress, the Air
Force, the Navy, and the American people by honoring the
contribution of the people of Panama City to the defense of the
United States.
SEC. 1094. PROTECTIONS RELATING TO CIVIL RIGHTS AND DISABILITIES.
Any branch or agency of the Federal Government shall, 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, subcontract, grant, purchase
order, or cooperative agreement, provide protections and exemptions
consistent with sections 702(a) and 703(e)(2) of the Civil Rights Act
of 1964 (42 U.S.C. 2000e-1(a) and 42 U.S.C. 2000e-2(e)(2)) and section
103(d) of the Americans with Disabilities Act of 1990 (42 U.S.C.
12113(d)).
SEC. 1095. NONAPPLICABILITY OF CERTAIN EXECUTIVE ORDER TO DEPARTMENT OF
DEFENSE AND NATIONAL NUCLEAR SECURITY ADMINISTRATION.
The provisions of Executive Order 13673 and any implementing rules
or regulations shall not apply to the acquisition, contracting,
contract administration, source selection, or any other activities of
the Department of Defense or the National Nuclear Security
Administration. The Secretary of Defense and the Administrator for
Nuclear Security may not issue, or be required to comply with, any
policy, guidance, or rules to carry out such executive order or
otherwise implement any provision of such executive order or any
related implementation rules or regulations.
SEC. 1096. DETERMINATION AND DISCLOSURE OF TRANSPORTATION COSTS
INCURRED BY SECRETARY OF DEFENSE FOR CONGRESSIONAL TRIPS
OUTSIDE THE UNITED STATES.
(a) Determination and Disclosure of Costs by Secretary.--In the
case of a trip taken by a Member, officer, or employee of the House of
Representatives or Senate in carrying out official duties outside the
United States for which the Department of Defense provides
transportation, the Secretary of Defense shall--
(1) determine the cost of the transportation provided with
respect to the Member, officer, or employee; and
(2) provide the Member, officer, or employee with a written
statement of the cost not later than 10 days after completion
of the trip involved.
(b) Inclusion of Information in Travel Reports.--Any Member,
officer, or employee of the House of Representatives or Senate who
takes a trip to which subsection (a) applies shall include the
information contained in the written statement provided to the Member,
officer, or employee under subsection (a)(2) with respect to the trip
in any report that the Member, officer, or employee is required to file
with respect to the trip under any provision of law and under any
provision of the Rules of the House of Representatives or the Standing
Rules of the Senate (as the case may be).
(c) Exceptions.--This section does not apply with respect to any
trip the sole purpose of which is to visit one or more United States
military installations or to visit United States military personnel in
a war zone (or both).
(d) Definitions.--In this section:
(1) Member.--The term ``Member'', with respect to the House
of Representatives, includes a Delegate or Resident
Commissioner to the Congress.
(2) United states.--The term ``United States'' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
the Virgin Islands, Guam, American Samoa, and any other
territory or possession of the United States.
(e) Effective Date.--This section shall apply with respect to trips
taken on or after the date of the enactment of this Act, except that
this section does not apply with respect to any trip which began prior
to such date.
SEC. 1097. 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. 1098. 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.
(c) Report on Credentialed Persons Denied Access to Department of
Defense Installations.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall begin documenting
each instance when a credentialed transportation worker is denied
unescorted access to a military facility in the Continental United
States, Hawaii, Alaska, Guam, or Native American lands. The report
shall include, but not be limited to, the reasons for such denial, and
the amount of time the credentialed party denied entrance waited to
obtain access. The report shall be submitted to the Armed Services
Committees of the House and Senate no later than the first day of
February of each year until complete fielding of Identity Management
Enterprise Services Architecture and electronic access control systems
are achieved.
SEC. 1098A. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION OF
CERTAIN LANDMINES AND REPORT 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 subsection (c).
(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) Report Required.--
(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 Congress a report that includes the following:
(A) An assessment of the current state of research
into operational alternatives to anti-personnel
landmines.
(B) Any other matter 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) 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. 1098B. REQUIREMENT FOR MEMORANDUM OF UNDERSTANDING REGARDING
TRANSFER OF DETAINEES.
Section 1034(b) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 969; 10 U.S.C. 801 note)
is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period and inserting ``; and'' at the
end of paragraph (4); and
(3) by adding at the end the following new paragraph:
``(5) the United States Government and the government of
the foreign country have entered into a written memorandum of
understanding regarding the transfer of the individual and such
memorandum of understanding has previously been transmitted to
the appropriate committees of Congress.''.
SEC. 1098C. SENSE OF CONGRESS REGARDING AMERICAN VETERANS DISABLED FOR
LIFE.
(a) Findings.--Congress finds the following:
(1) There are at least 3,600,000 veterans currently living
with service-connected disabilities.
(2) As a result of their service, many veterans are
permanently disabled throughout their lives and in many cases
must rely on the support of their families and friends when
these visible and invisible burdens become too much to bear
alone.
(3) October 5, which is the anniversary of the dedication
of the American Veterans Disabled for Life Memorial, has been
recognized as an appropriate day on which to honor American
veterans disabled for life each year.
(b) Sense of Congress.--Congress--
(1) expresses its appreciation to the men and women left
permanently wounded, ill, or injured as a result of their
service in the Armed Forces;
(2) supports the annual recognition of American veterans
disabled for life each year; and
(3) encourages the American people to honor American
veterans disabled for life each year with appropriate programs
and activities.
SEC. 1098D. 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. 1098E. MARITIME OCCUPATIONAL SAFETY AND HEALTH ADVISORY COMMITTEE.
(a) Short Title.--This section may be cited as the ``Maritime
Occupational Safety and Health Advisory Committee Act''.
(b) Maritime Occupational Safety and Health Advisory Committee.--
Section 7 of the Occupational Safety and Health Act of 1970 (29 U.S.C.
656) is amended by adding at the end the following:
``(d) There is established a Maritime Occupational Safety and
Health Advisory Committee, which shall be a continuing body and shall
provide advice to the Secretary in formulating maritime industry
standards and regarding matters pertaining to the administration of
this Act related to the maritime industry. The composition of this
advisory committee shall be consistent with the advisory committees
established under subsection (b), provided that a member of this
committee who is otherwise qualified may continue to serve until a
successor is appointed. The Secretary may promulgate or amend
regulations as necessary to implement this subsection.''.
SEC. 1098F. SENSE OF CONGRESS REGARDING UNITED STATES NORTHERN COMMAND
PREPAREDNESS.
It is the sense of the Congress that--
(1) the United States Northern Command plays a crucial role
in providing additional response capability to State and local
governments in domestic disaster relief and consequence
management operations;
(2) the United States Northern Command must continue to
build upon its current efforts to develop command strategies,
leadership training, and response plans to effectively work
with civil authorities when acting as the lead agency or a
supporting agency; and
(3) the United States Northern Command should leverage
whenever possible training and management expertise that
resides within the Department of Defense, other Federal
agencies, State and local governments, and private sector
businesses and academic institutions to enhance--
(A) its defense support to civil authorities and
incidence management missions;
(B) relationships with other entities involved in
disaster response; and
(C) its ability to respond to unforeseen events.
SEC. 1098G. 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 Web site of the Department of
Defense the costs, including the relevant legacy costs, to each
American taxpayer of each of the wars in Afghanistan, Iraq, and Syria.
SEC. 1098H. WORKFORCE ISSUES FOR RELOCATION OF MARINES TO GUAM.
(a) In General.--Section 6(b) of the Joint Resolution entitled ``A
Joint Resolution to approve the `Covenant To Establish a Commonwealth
of the Northern Mariana Islands in Political Union With the United
States of America', and for other purposes'', approved March 24, 1976
(48 U.S.C. 1806(b)) is amended to read as follows:
``(b) Numerical Limitations for Nonimmigrant Workers.--An alien, if
otherwise qualified, may seek admission to Guam or to the Commonwealth
during the transition program as a nonimmigrant worker under section
101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)) without counting against the numerical limitations set
forth in section 214(g) of such Act (8 U.S.C. 1184(g)). An alien, if
otherwise qualified, may, before October 1, 2028, be admitted under
section 101(a)(15)(H)(ii)(b) of such Act for a period of up to 3 years
(which may be extended by the Secretary of Homeland Security before
October 1, 2028, for an additional period or periods not to exceed 3
years each) to perform services or labor on Guam pursuant to any
agreement entered into by a prime contractor or subcontractor calling
for services or labor required for performance of the contract or
subcontract in direct support of all military-funded construction,
repairs, renovation, and facilities services, or to perform services or
labor on Guam as a health-care worker, notwithstanding the requirement
of such section that the service or labor be temporary. This subsection
does not apply to any employment to be performed outside of Guam or the
Commonwealth.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 120 days after the date of the
enactment of this Act.
SEC. 1098I. REVIEW OF DEPARTMENT OF DEFENSE DEBT COLLECTION
REGULATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall review and update Department of
Defense regulations to ensure such regulations comply with Federal
consumer protection law with respect to the collection of debt.
SEC. 1098J. IMPORTANCE OF ROLE PLAYED BY WOMEN IN WORLD WAR II.
(a) Findings.--Congress finds the following:
(1) National Rosie the Riveter Day is a collective national
effort to raise awareness of the 16 million women working
during World War II.
(2) Americans have chosen to honor female workers who
contributed on the home front during World War II.
(3) These women left their homes to work or volunteer full-
time in factories, farms, shipyards, airplane factories, banks,
and other institutions in support of the military overseas.
(4) These women worked with the USO and Red Cross, drove
trucks, riveted airplane parts, collected critical materials,
rolled bandages, and served on rationing boards.
(5) It is fitting and proper to recognize and preserve the
history and legacy of working women, including volunteer women,
during World War II to promote cooperation and fellowship among
such women and their descendants.
(6) These women and their descendants wish to further the
advancement of patriotic ideas, excellence in the workplace,
and loyalty to the United States of America.
(b) Sense of Congress.--Congress acknowledges the important role
played by women in World War II.
SEC. 1098K. 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) 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.
``(e) 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).
``(f) 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), in the heading, by inserting ``by
the Corporation'' after ``Limitation on Sales''.
(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.''.
SEC. 1098L. 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 General 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) Other individuals as determined
appropriate 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.
``(6) Committee duration.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Council.''.
(2) Report required.--Not later than 1 year after the date
of 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 Government Accountability Office 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).
Subtitle H--United States Naval Station Guantanamo Bay Preservation Act
SEC. 1099. SHORT TITLE.
This subtitle may be cited as the ``United States Naval Station
Guantanamo Bay Preservation Act''.
SEC. 1099A. FINDINGS.
Congress makes the following findings:
(1) United States Naval Station, Guantanamo Bay, Cuba, has
been a strategic military asset critical to the defense of the
United States and the maintenance of regional security for more
than a century.
(2) The United States continues to exercise control over
the area of United States Naval Station, Guantanamo Bay, Cuba,
pursuant to the Guantanamo Lease Agreements, which were
initiated and concluded pursuant to an Act of Congress.
(3) Senior United States military leaders have consistently
voiced strong support for maintaining United States Naval
Station, Guantanamo Bay, Cuba, noting its strategic value for
military basing and logistics, disaster relief, humanitarian
work, terrorist detention, and counter-narcotics purposes.
(4) On February 29, 2016, Secretary of Defense Ashton B.
Carter, discussing United States Naval Station, Guantanamo Bay,
Cuba, stated that ``it's a strategic location, we've had it for
a long time, it's important to us and we intend to hold onto
it''.
(5) On March 12, 2015, Commander of United States Southern
Command, General John Kelly, testified that the United States
facilities at Naval Station Guantanamo Bay ``are indispensable
to the Departments of Defense, Homeland Security, and State's
operational and contingency plans. . . . As the only permanent
U.S. military base in Latin America and the Caribbean, its
location provides persistent U.S. presence and immediate access
to the region, as well as supporting a layered defense to
secure the air and maritime approaches to the United States''.
(6) In testimony before Congress in 2012, then-Commander of
United States Southern Command, General Douglas Fraser, stated
that ``the strategic capability provided by U.S. Naval Station
Guantanamo Bay remains essential for executing national
priorities throughout the Caribbean, Latin America, and South
America''.
(7) Following a 1991 coup in Haiti that prompted a mass
exodus of people by boat, United States Naval Station,
Guantanamo Bay, Cuba, provided a location for temporary housing
and the orderly adjudication of asylum claims outside of the
continental United States.
(8) In 2010, United States Naval Station, Guantanamo Bay,
Cuba, was a critical hub for the provision of humanitarian
disaster relief following the devastating earthquakes in Haiti.
(9) The United States presence at United States Naval
Station, Guantanamo Bay, Cuba, has its origins in Acts of
Congress undertaken pursuant to the powers of Congress
expressly enumerated in the Constitution of the United States.
(10) By joint resolution approved on April 20, 1898,
Congress ``directed and empowered'' the President ``to use the
entire land and naval forces of the United States'' as
necessary to ensure that the Government of Spain ``relinquish
its authority and government in the island of Cuba, and
withdraw its land and naval forces from Cuba and Cuban
waters''.
(11) Congress declared war against Spain on April 25, 1898,
which lasted until December 10, 1898, when the United States
and Spain signed the Treaty of Paris, in which Spain
relinquished all claims of sovereignty over Cuba, and United
States governance of Cuba was established.
(12) Nearly three years later, in the Act of March 2, 1901
(Chapter 803; 31 Stat. 898), Congress granted the President the
authority to return ``the government and control of the island
of Cuba to its people'' subject to several express conditions
including, in article VII of the Act of March 2, 1901, the sale
or lease by Cuba to the United States of lands necessary for
naval stations.
(13) Pursuant to the authority granted by article VII of
the Act of March 2, 1901, the United States negotiated the
Guantanamo Lease Agreements, which specified the area of, and
United States jurisdiction and control over, what became United
States Naval Station, Guantanamo Bay, Cuba.
(14) On October 2, 1903, when approving the Lease to the
United States by the Government of Cuba of Certain Areas of
Land and Water for Naval or Coaling Stations, signed in Havana
on July 2, 1903, President Theodore Roosevelt cited the Act of
March 2, 1901, as providing his authority to do so: ``I,
Theodore Roosevelt, President of the United States of America,
having seen and considered the foregoing lease, do hereby
approve the same, by virtue of the authority conferred by the
seventh of the provisions defining the relations which are to
exist between the United States and Cuba, contained in the Act
of Congress approved March 2, 1901, entitled `An Act making
appropriation for the support of the Army for the fiscal year
ending June 30, 1902.'''.
(15) Obtaining United States naval station rights in Cuba
was an express condition of the authority that Congress gave
the President to return control and governance of Cuba to the
people of Cuba. In exercising that authority and concluding the
Guantanamo Lease Agreements, President Theodore Roosevelt
recognized the source of that authority as the Act of March 2,
1901.
(16) The Treaty of Relations between the United States of
America and the Republic of Cuba, signed at Washington, May 29,
1934, did not supersede, abrogate, or modify the Guantanamo
Lease Agreements, but noted that the stipulations of those
agreements ``shall continue in effect'' until the United States
and Cuba agree to modify them.
(17) The Constitution of the United States expressly grants
to Congress the power to provide for the common defense of the
United States, the power to provide and maintain a Navy, and
the power ``to dispose of and make all needful Rules and
Regulations respecting the Territory or other Property
belonging to the United States''.
SEC. 1099B. PROHIBITION ON MODIFICATION, ABROGATION, OR OTHER RELATED
ACTIONS WITH RESPECT TO UNITED STATES JURISDICTION AND
CONTROL OVER UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, WITHOUT CONGRESSIONAL ACTION.
No action may be taken to modify, abrogate, or replace the
stipulations, agreements, and commitments contained in the Guantanamo
Lease Agreements, or to impair or abandon the jurisdiction and control
of the United States over United States Naval Station, Guantanamo Bay,
Cuba, unless specifically authorized or otherwise provided by--
(1) a statute that is enacted on or after the date of the
enactment of this Act;
(2) a treaty that is ratified with the advice and consent
of the Senate on or after the date of the enactment of this
Act; or
(3) a modification of the Treaty Between the United States
of America and Cuba signed at Washington, DC, on May 29, 1934,
that is ratified with the advice and consent of the Senate on
or after the date of the enactment of this Act.
SEC. 1099C. GUANTANAMO LEASE AGREEMENTS DEFINED.
In this subtitle, the term ``Guantanamo Lease Agreements'' means--
(1) the Agreement Between the United States of America and
the Republic of Cuba for the Lease to the United States of
Lands in Cuba for coaling and naval stations, signed by the
President of the United States on February 23, 1903; and
(2) the Lease to the United States by the Government of
Cuba of Certain Areas of Land and Water for Naval or Coaling
Stations, signed by the President of the United States on
October 2, 1903.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. TEMPORARY DIRECT HIRE AUTHORITY FOR DOMESTIC DEFENSE
INDUSTRIAL BASE FACILITIES AND THE MAJOR RANGE AND TEST
FACILITIES BASE.
(a) Authority.--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 or as a military technician (dual
status).
(b) Report.--Not later than 60 days after the end of fiscal year
2018, the Secretary of Defense shall submit a report to the Committees
on Armed Services of the House of Representatives and the Senate on the
use of the authority provided under subsection (a). Such report shall
include the total number of individuals appointed under such authority
and the effectiveness of such authority in fulfilling the manpower
needs of the defense industrial base facilities or the Major Range and
Test Facilities Base.
(c) Definitions.--In this section--
(1) the term ``defense industrial base facility'' means any
Department of Defense depot, arsenal, or shipyard located
within the United States; and
(2) the term ``military technician (dual status)'' has the
meaning given such term in section 10216 of title 10, United
States Code.
SEC. 1102. 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) Definition.--In this section, the term ``defense industrial
base facility'' means any Department of Defense depot, arsenal, or
shipyard located within the United States.
SEC. 1103. 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. 1104. 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 6 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. 1105. PERMANENT AUTHORITY FOR ALTERNATIVE PERSONNEL PROGRAM FOR
SCIENTIFIC AND TECHNICAL PERSONNEL.
(a) Permanent Authority and Codification.--Chapter 81 of title 10,
United States Code, is amended by inserting after section 1589 a new
section 1590 consisting of--
(1) a heading as follows:
``Sec. 1590. Alternative personnel program for scientific and technical
personnel''; and
(2) a text consisting of the text of subsection (a), (b),
(c), and (d) of section 1101 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 5 U.S.C. 3104 note).
(b) Conforming Amendments.--Section 1590 of title 10, United States
Code, as added by subsection (a), is amended--
(1) in subsection (a)--
(A) by striking ``During the program period
specified in subsection (e)(1), the'' and inserting
``The''; and
(B) by striking ``of experimental use of'' and
inserting ``to use'';
(2) in subsection (b)--
(A) by striking ``, United States Code,'' in
paragraph (1); and
(B) by striking ``United States Code,'' in
paragraph (2); and
(3) in subsection (d), by striking ``, United States Code''
in paragraphs (2) and (3) each place it appears.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by inserting after the item
relating to section 1589 the following new item:
``1590. Alternative personnel program for scientific and technical
personnel.''.
(d) Conforming Repeal.--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.
SEC. 1106. 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 (g)(1), by inserting ``to or'' before
``from''; and
(4) in subsection (h), by striking ``10'' and inserting
``50''.
SEC. 1107. TREATMENT OF CERTAIN LOCALITIES FOR CALCULATION OF PER DIEM
ALLOWANCES.
(a) In General.--Pursuant to section 5707 of title 5, United States
Code, the Administrator of General Services shall prescribe such
regulations as are necessary to provide that, with respect to per diem
rates for Ohio, the locality described as Dayton/Fairborn and the
locality described as Cincinnati are considered 1 locality for purposes
of establishing per diem allowance or maximum amount of reimbursement
under section 5702(a)(2) of such title.
(b) Effective Date.--The adjustment of the treatment of localities
described under subsection (a) shall be effective on the same date as
the application of the first recalculation of per diem allowances by
the Administrator that occurs after the date of enactment of this Act.
SEC. 1108. 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. 1109. LIMITATION ON ADMINISTRATIVE LEAVE.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 6330. Limitation on administrative leave
``(a) In General.--During any calendar year, an employee may not be
placed on administrative leave, or any other paid non-duty status
without charge to leave, for more than 14 total days for reasons
relating to misconduct or performance. After an employee has been
placed on administrative leave for 14 days, the employing agency shall
return the employee to duty status, utilizing telework if available,
and assign the employee to duties if such employee is not a threat to
safety, the agency mission, or Government property.
``(b) Extended Administrative Leave.--
``(1) In general.--If an agency finds that an employee is a
threat to safety, the agency mission, or Government property
and upon the expiration of the 14-day period described in
subsection (a), an agency head may place the employee on
extended administrative leave for additional periods of not
more than 30 days each.
``(2) Report.--For any additional period of 30 days granted
to the employee after the initial 30-day extension, the agency
head shall submit to the Committee on Oversight and Government
Reform in the House of Representatives, the agency's
authorizing committees of jurisdiction of the House of
Representatives and the Senate, and the Committee on Homeland
Security and Governmental Affairs of the Senate a report, not
later than 5 business days after granting the additional
period, containing--
``(A) title, position, office or agency
subcomponent, job series, pay grade, and salary of the
employee on administrative leave;
``(B) a description of the work duties of the
employee;
``(C) the reason the employee is on administrative
leave;
``(D) an explanation as to why the employee is a
threat to safety, the agency mission, or Government
property;
``(E) an explanation as to why the employee is not
able to telework or be reassigned to another position
within the agency;
``(F) in the case of a pending related
investigation of the employee--
``(i) the status of such investigation; and
``(ii) the certification described in
subsection (c)(1); and
``(G) in the case of a completed related
investigation of the employee--
``(i) the results of such investigation;
and
``(ii) the reason that the employee remains
on administrative leave.
``(c) Extension Pending Related Investigation.--
``(1) In general.--If an employee is under a related
investigation by an investigative entity at the time an
additional period described under subsection (b)(2) is granted
and, in the opinion of the investigative entity, additional
time is needed to complete the investigation, such entity shall
certify to the applicable agency that such additional time is
needed and include in the certification an estimate of the
length of such additional time.
``(2) Limitation.--The head of an agency may not grant an
additional period of administrative leave described under
subsection (b)(2) to an employee on or after the date that is
30 days after the completion of a related investigation by an
investigative entity.
``(d) Definitions.--In this section, the following definitions
apply:
``(1) Investigative entity.--The term `investigative
entity' means an internal investigative unit of the agency
granting administrative leave, the Office of Inspector General,
the Office of the Attorney General, or the Office of Special
Counsel.
``(2) Related investigation.--The term `related
investigation' means an investigation that pertains to the
underlying reasons an employee was placed on administrative
leave.''.
(b) Effective Date.--The amendment made by subsection (a) shall
begin to apply 90 days after the date of enactment of this Act.
(c) Rules of Construction.--Nothing in the amendment made by
subsection (a) shall be construed to--
(1) supersede the provisions of chapter 75 of title 5,
United States Code; or
(2) limit the number of days that an employee may be placed
on administrative leave, or any other paid non-duty status
without charge to leave, for reasons unrelated to misconduct or
performance.
(d) Clerical Amendment.--The table of sections for subchapter II of
chapter 63 of title 5, United States Code, is amended by adding after
the item relating to section 6329 the following new item:
``6330. Limitation on administrative leave.''.
SEC. 1110. 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.''.
SEC. 1111. 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 the information relating to such employee's former period
or periods of service 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.''.
(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. 1112. REPORT ON DEPARTMENT OF DEFENSE CIVILIAN WORKFORCE PERSONNEL
AND CONTRACTORS.
(a) Findings.--Congress finds the following:
(1) A large, disproportionate, and duplicative civilian
work force coupled with bureaucratic, structural inefficiencies
has detracted from the Pentagon's production of combat power
and its ability to modernize.
(2) The recent uniformed military drawdown has not been
accompanied by an equivalent reduction of either the civilian
or contractor work force. Right sizing the civilian workforce
must be statutory in number but implemented with executive
discretion. Across-the-board cuts to the defense civilian
workforce are not the answer.
(3) Spending on contract services is over 50 percent of all
Department of Defense purchases even as the total defense
budget has dropped. Expenditures in services contracting lack
appropriate oversight, accountability, and scrutiny.
(b) Reports.--
(1) In general.--The Secretary of Defense shall submit a
preliminary report within 90 days after the date of the
enactment of this Act, and a final report within 180 days after
such date, to the congressional defense committees detailing
the structure and number of the civilian workforce and
contractors of the Department of Defense.
(2) Contents.--Except as provided in paragraph (3), each
report shall include the following for each of fiscal years
2017 through 2020, including a breakdown in location, job
function, General Schedule (GS) level, and date of when the job
was created for the following individuals:
(A) The total number of full time equivalent
employees, including each of the following:
(i) The total number of Senior Executive
Service employees and their assignments.
(ii) The total number of civilian employees
of the Department of Defense within the
military health care system.
(iii) The total number of civilian
employees of the Department employed at depots,
arsenals, and ammunition facilities.
(B) The total number of civilian contractors of the
Department of Defense, including each of the following:
(i) The total number of civilian
contractors for weapons acquisitions.
(ii) The total number of civilian
contractors for services or labor for non-
weapon systems acquisitions.
(iii) The total number of civilian
contractors employed at depots, arsenals, and
ammunition facilities.
(3) Preliminary report.--The preliminary report provided
under this subsection--
(A) shall cover the contents described in paragraph
(2) in as much detail as is ascertainable within 90
days after the date of the enactment of this Act; and
(B) shall include an explanation of any impediments
to developing a complete and final report by 180 days
after such date of enactment.
SEC. 1113. PUBLIC-PRIVATE TALENT EXCHANGE.
(a) Authority.--Chapter 81 of title 10, United States Code, as
amended by section 1105 of this Act, is further 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 the length of
the assignment; and
``(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.
``(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.--An assignment under this section shall be for a
period of not less than 3 months and not more than one year, renewable
up to a total of 4 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.
``(e) Status of Federal Employees Assigned to Private-Sector
Organizations.--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.
``(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.
``(g) Prohibition Against Charging Certain Costs to the Federal
Government.--A private-sector organization may not charge the
Department of 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, as amended by section 1105 of this Act, is
further amended by adding at the end the following new item:
``1599g. Public-private talent exchange.''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. ONE-YEAR EXTENSION OF LOGISTICAL SUPPORT FOR COALITION
FORCES SUPPORTING CERTAIN UNITED STATES MILITARY
OPERATIONS.
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. EXTENSION OF AUTHORITY FOR TRAINING OF GENERAL PURPOSE
FORCES OF THE UNITED STATES ARMED FORCES WITH MILITARY
AND OTHER SECURITY FORCES OF FRIENDLY FOREIGN COUNTRIES.
Section 1203(h) of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 127 Stat. 894; 10 U.S.C. 2011
note) is amended by striking ``September 30, 2017'' and inserting
``December 31, 2019''.
SEC. 1203. MODIFICATION AND EXTENSION OF AUTHORITY TO CONDUCT
ACTIVITIES TO ENHANCE THE CAPABILITY OF FOREIGN COUNTRIES
TO RESPOND TO INCIDENTS INVOLVING WEAPONS OF MASS
DESTRUCTION.
(a) Limitation on Availability of Authority for Other Countries.--
Subsection (b) of section 1204 of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 896; 10 U.S.C.
401 note) is amended by striking ``of the Secretary's intention'' and
inserting ``not later than 48 hours after the Secretary makes a
determination''.
(b) Availability of Funds.--Subsection (d)(1) of such section is
amended to read as follows:
``(1) Funds available.--Of the funds authorized to be
appropriated for the Department of Defense for Operation and
Maintenance, Defense-wide, and available for the Defense Threat
Reduction Agency for a fiscal year, not more than $20,000,000
may be made available for assistance under this section for
such fiscal year.''.
(c) Notice to Congress on Certain Assistance.--Subsection (e) of
such section, as amended by section 1202 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 128 Stat. 3530), is further amended--
(1) by striking ``If the amount'' and inserting ``If the
Secretary of Defense determines that the amount'';
(2) by striking ``the Secretary of Defense shall notify''
and inserting ``the Secretary shall notify''; and
(3) by striking ``of that fact'' and inserting ``of such
determination not later than 48 hours after making the
determination''.
(d) Expiration.--Subsection (h) of such section, as amended by
section 1273 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 1076), is further amended by
striking ``September 30, 2019'' and inserting ``September 30, 2020''.
(e) Effective Date.--The amendments made by this section take
effect on the date of the enactment of this Act and apply with respect
to assistance authorized to be provided under subsection (a) of section
1204 of the National Defense Authorization Act for Fiscal Year 2014 on
or after such date of enactment.
SEC. 1204. EXTENSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO
COMBAT TERRORISM.
Subsection (h) of section 1208 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2086), as most recently amended by section 1208(b) 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 further
amended by striking ``2017'' and inserting ``2020''.
SEC. 1205. MODIFICATION AND CODIFICATION OF REPORTING REQUIREMENTS
RELATING TO SECURITY COOPERATION AUTHORITIES.
(a) Annual Report Required.--Subsection (a) 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) 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 through
January 31, 2021, the Secretary of Defense'';
(2) by striking ``congressional defense committees'' and
inserting ``appropriate congressional committees'';
(3) by striking ``security assistance'' and inserting
``assistance''; and
(4) by striking ``the two fiscal years'' and inserting
``the fiscal year''.
(b) Elements of Report.--Subsection (b) of such section 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 the training,
equipment, or other assistance or reimbursement was 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 Armed Forces involved in
providing such training, equipment, or assistance and 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).''.
(c) Modification to Specified Authorities.--Subsection (c) of such
section is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Sections 256, 263, 271, 272, 273, 281, 284, 285, 286,
and 287.''.
(2) by striking paragraphs (4), (5), (7), and (11);
(3) by redesignating paragraphs (6), (8), (9), (10), and
(12) through (17) as paragraphs (4) through (13), respectively;
(4) by adding at the end the following:
``(14) Section 401, relating to humanitarian and civic
assistance provided in conjunction with military operations.
``(15) 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.
``(16) Section 1534 of the Carl Levin and Howard P. `Buck'
McKeon National Defense Authorization Act for Fiscal Year 2015
(128 Stat. 3616), relating to the Counterterrorism Partnerships
Fund.
``(17) 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), relating to training of general purpose
forces of the United States Armed Forces with military and
other security forces of friendly foreign countries.''; and
(5) by striking ``of title 10, United States Code'' each
place it appears.
(d) Form.--Subsection (e) of such section is amended by adding
``that may also include other sensitive information'' after ``annex''.
(e) Codification of Section 1211 of FY 2015 NDAA.--
(1) Codification.--Chapter 11 of title 10, United States
Code, as amended by section 1261 of this Act, is further
amended by inserting after section 251 a new section 252
consisting of--
(A) a heading as follows:
``Sec. 252. Annual report on programs carried out by the Department of
Defense to provide training, equipment, or other
assistance or reimbursement to foreign security forces'';
and
(B) a text consisting of the text 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), as amended by subsections (a)
through (d) of this section.
(2) Conforming repeal.--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), as
amended by subsections (a) through (d) of this section, is
repealed.
(f) Repeal of Other Reporting Requirements.--
(1) Annual report on humanitarian and civic assistance
activities.--Section 401 of title 10, United States Code, is
amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d).
(2) Semi-annual reports on counterterrorism partnerships
fund.--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--
(A) by striking subsection (g); and
(B) by redesignating subsection (h) as subsection
(g).
(3) Annual report on use of authority to train general
purpose forces of the united states armed forces with military
and other security forces of friendly foreign countries.--
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 amended--
(A) in subsection (a)(1), by striking ``subsection
(f)'' and inserting ``subsection (e)'';
(B) by striking subsection (e); and
(C) by redesignating subsections (f), (g), and (h)
as subsections (e), (f), and (g), respectively.
(4) Annual report on use of authority for national guard
state partnership program.--Section 1205 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-
66; 127 Stat. 897; 32 U.S.C. 107 note) is amended--
(A) by striking subsection (f); and
(B) by redesignating subsection (g), subsection
(h), the second subsection (h), and subsection (i) as
subsections (f), (g), (h), and (i), respectively.
SEC. 1206. INDEPENDENT ASSESSMENT OF DEPARTMENT OF DEFENSE SECURITY
COOPERATION PROGRAMS.
(a) Assessment 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 assessment of
the Strategic Framework for Department of Defense Security
Cooperation.
(2) Elements.--The assessment under paragraph (1) shall
include the following:
(A) An assessment of each of the elements 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).
(B) An assessment of the extent to which security
cooperation programs, individually and in combination,
as identified in the Comptroller General Inventory of
Department of Defense Security Cooperation Programs
directed in the committee report (H. Rept. 114-102)
accompanying the National Defense Authorization Act for
Fiscal Year 2016, and any other relevant studies,
contribute to the strategic goals, primary objectives,
priorities, and desired end-states of Department of
Defense security cooperation programs.
(C) Any other matters the entity that conducts the
assessment considers appropriate.
(b) Report Required.--
(1) In general.--Not later than November 1, 2017, 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 assessment 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. 1207. 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.
SEC. 1208. REPORT ON THE PROHIBITION ON USE OF FUNDS FOR ASSISTANCE TO
UNITS OF FOREIGN SECURITY FORCES THAT HAVE COMMITTED A
GROSS VIOLATION OF HUMAN RIGHTS.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on its 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).
(b) Matters to Be Included.--The report required under subsection
(a) shall contain the following:
(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) Any other matters the Secretary determines is
appropriate.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
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, 2017''; 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
(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, 2017''.
(b) Authority for Certain Payments To Redress Injury and Loss in
Iraq.--
(1) In general.--During the period beginning on October 1,
2016, and ending on December 31, 2017, 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 Iraq.
(2) Notice and wait.--The authority in this subsection may
not be used until 30 days after the date on which the Secretary
of Defense submits 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) Limitation on amount available.--The total amount of
payments made pursuant to this subsection during the period
beginning on October 1, 2016, and ending on December 31, 2017,
may not exceed $5,000,000.
(4) 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.
(5) 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 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) 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''; and
(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,''.
(c) 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''.
(d) 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''.
(e) 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)),
$450,000,000 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 in
North Waziristan 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 North Waziristan 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;
(4) Pakistan has shown progress in arresting and
prosecuting Haqqani network senior leaders and mid-level
operatives; and
(5) Pakistan is not using its military or any funds or
equipment provided by the United States to persecute minority
groups seeking political or religious freedom, including the
Balochi, Sindhi, and Hazara ethnic groups and minority
religious groups, including Christian, Hindu, and Ahmadiyya
Muslim.
SEC. 1213. 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, 2017''.
SEC. 1214. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND
PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY
FORCES OF AFGHANISTAN.
(a) Extension.--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) Quarterly Reports.--Subsection (f)(1) of such section, as so
amended, is further amended by striking ``March 31, 2017'' and
inserting ``March 31, 2018''.
(c) Excess Defense Articles.--Subsection (i)(2) of such section, as
so amended, is further amended by striking ``,, 2015, and 2016'' each
place it appears and inserting ``, 2015, 2016, and 2017''.
SEC. 1215. SENSE OF CONGRESS ON UNITED STATES POLICY AND STRATEGY IN
AFGHANISTAN.
(a) Findings.--Congress finds the following:
(1) The United States continues to have vital national
security interests in ensuring that Afghanistan is a stable,
sovereign country.
(2) President Obama signed a Strategic Partnership
Agreement and a Bilateral Security Agreement with the President
of the Islamic Republic of Afghanistan, which commits the
United States to the long-term security of, and defense
cooperation with, the Government of Afghanistan and designates
Afghanistan as a ``major non-NATO ally''.
(3) The unity government in Afghanistan, led by President
Ghani and Chief Executive Abdullah, should be applauded for
their continued leadership and commitment to Afghanistan's
stability and security.
(4) Stability and security in Afghanistan reinforces
stability and security in the region.
(5) The best long-term guarantor of stability and security
in Afghanistan is a stable unity government and a capable
Afghan National Defense and Security Forces (ANDSF).
(6) The President's current policy is to draw down from
9,800 to 5,500 United States troops by January 1, 2017. As the
recent commander in Afghanistan, General John Campbell,
testified to the Senate Armed Services Committee, ``the 5,500
[U.S. troops] plan was developed primarily around
counterterrorism. There's very limited train-advise-and-
assist...in those numbers. To continue to build on the Afghan
Security Forces, the gaps and seams in aviation, logistics,
intelligence...we'd have to make some adjustments to that
number.''.
(7) The President's policy of limiting the number of United
States troops that the commander can employ in Afghanistan is
hindering the effectiveness of the United States mission
therein.
(8) Further, at the current policy of 9,800 United States
troops, the new commander of Operation Resolute Support in
Afghanistan, General John ``Mick'' Nicholson, agreed in
testimony with the Senate Armed Services Committee that the
security situation in Afghanistan has been deteriorating rather
than improving.
(9) General John Campbell also stated ``. . .Afghan
shortfalls will persist beyond 2016. Capability gaps still
exist in fixed and rotary-wing aviation, combined arms
operations, intelligence collection and dissemination, and
maintenance.''.
(10) General John Campbell further stated ``I have the
authority to protect coalition members against any insurgents.
. .to attack the Taliban just because they're Taliban, I do not
have that authority.''.
(11) The Taliban have made territorial gains and are
holding terrain in key geographic areas in Afghanistan,
including in Helmand Province.
(12) The Taliban held the city of Kunduz, Afghanistan,
which is the first time the Taliban have held a major city in
Afghanistan in 14 years.
(13) The Haqqani Network, a designated foreign terrorist
organization aligned with the Taliban, is the most lethal group
on the battlefield in Afghanistan, and continues to provide
safe haven to al-Qaeda.
(14) The Islamic State of Iraq and the Levant (ISIL) has
established an affiliate in Afghanistan.
(15) Since the death of the Taliban's leader, Mullah
Mohammad Omar, and the ascendance of Mullah Akhtar Mansoor and
Saraj Haqqani, head of the Haqqani Network, to Taliban
leadership, the Taliban have not engaged in political
reconciliation negotiations with the Government of Afghanistan.
(16) The President has the statutory, legal authority to
strike the Taliban and the Haqqani Network.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should authorize at least 9,800 United
States troops to continue the train, advise, and assist and
counterterrorism missions in Afghanistan after 2016;
(2) the President should provide the United States
commander in Afghanistan with the authority to unilaterally
strike the Taliban and the Haqqani Network;
(3) the President should provide additional resources to
strike the Islamic State of Iraq and the Levant (ISIL) in
Afghanistan;
(4) the President should provide the United States
commander in Afghanistan the authority to conduct the train,
advise, and assist mission below the corps level of the Afghan
National Defense and Security Forces (ANDSF);
(5) the United States should provide United States Armed
Forces lift and close air support to ANDSF units until the
ANDSF has a fully capable, organic lift and close air support
capability and capacity;
(6) the United States should provide monetary and advisory
support for 352,000 ANDSF personnel and 30,000 Afghan Local
Police, including intelligence, surveillance, and
reconnaissance support, through 2018;
(7) it should continue to be a top priority to provide
United States Armed Forces deployed to Afghanistan with
necessary medical, force protection, and combat search and
rescue support; and
(8) United States military personnel who are tasked with
the mission of providing combat search and rescue support,
casualty evacuation, and medical support should not be counted
as part of any force management level limitation on the number
of United States ground forces in Afghanistan.
SEC. 1216. 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) 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, in a capacity that 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
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 while
traveling off-base with such
personnel; or
``(CC) to perform sensitive
and trusted activities for
United States military
personnel stationed in
Afghanistan; or''.
(b) Numerical Limitations.--Clauses (i) and (ii) of section
602(b)(3)(F) of such Act are each amended by striking ``December 31,
2016;'' and inserting ``December 31, 2017;''.
(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. 1217. MODIFICATION TO SEMIANNUAL REPORT ON ENHANCING SECURITY AND
STABILITY IN AFGHANISTAN.
Subsection (b) 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), as amended by section 1213 of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1045), is further 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 a description
of the following:
``(A) The expected completion date of installation
and full implementation and utilization of the APPS.
``(B) If installation of the APPS is complete at
one, or both, ministries, the extent to which the APPS
is being utilized to distribute personnel funds to the
Afghan National Army and Afghan National Police.
``(C) If installation of the APPS is not complete
at one, or both, ministries, or full implementation and
utilization of the APPS has not been achieved at one,
or both, ministries, an explanation of any delays, any
expected obstacles, and any additional support that may
be needed for installation or full implementation and
utilization.
``(D) Any examples of intentional delay or
obstruction by members of the Government of
Afghanistan, to include one, or both, ministries, or
any sub-unit thereof, to installing or fully
implementing or utilizing the APPS.
``(E) If the APPS is fully implemented at one, or
both, ministries, the identified cost savings to date,
due to the elimination of waste, fraud, and abuse at
the ministry compared to the previous payroll system.
If the APPS is not fully implemented at one, or both,
ministries, the expected cost savings due to the
elimination of waste, fraud, and abuse at the ministry
once the APPS is fully implemented.
``(F) If the APPS is not fully implemented, what
steps the United States and Afghanistan are taking to
mitigate waste, fraud, and abuse in the disbursement of
personnel funds provided through the Afghanistan
Security Forces Fund.''.
SEC. 1218. SENSE OF CONGRESS RELATING TO DR. SHAKIL AFRIDI.
(a) Findings.--Congress finds the following:
(1) The attacks of September 11, 2001, killed approximately
3,000 people, most of whom were Americans, but also included
hundreds of individuals with foreign citizenships, nearly 350
New York Fire Department personnel, and about 50 law
enforcement officers.
(2) Downed United Airlines flight 93 was reportedly
intended, under the control of the al-Qaeda high-jackers, to
crash into the White House or the Capitol in an attempt to kill
the President of the United States or Members of the United
States Congress.
(3) The September 11, 2001, attacks were largely planned
and carried out by the al-Qaeda terrorist network led by Osama
bin Laden and his deputy Ayman al Zawahiri, after which Osama
bin Laden enjoyed safe haven in Pakistan from where he
continued to plot deadly attacks against the United States and
the world.
(4) The United States has obligated nearly $30 billion
between 2002 and 2014 in United States taxpayer money for
security and economic aid to Pakistan.
(5) The United States very generously and swiftly responded
to the 2005 Kashmir Earthquake in Pakistan with more than $200
million in emergency aid and the support of several United
States military aircraft, approximately 1,000 United States
military personnel, including medical specialists, thousands of
tents, blankets, water containers and a variety of other
emergency equipment.
(6) The United States again generously and swiftly
contributed approximately $150 million in emergency aid to
Pakistan following the 2010 Pakistan flood, in addition to the
service of nearly twenty United States military helicopters,
their flight crews, and other resources to assist the Pakistan
Army's relief efforts.
(7) The United States continues to work tirelessly to
support Pakistan's economic development, including millions of
dollars allocated towards the development of Pakistan's energy
infrastructure, health services and education system.
(8) The United States and Pakistan continue to have many
critical shared interests, both economic and security related,
which could be the foundation for a positive and mutually
beneficial partnership.
(9) Dr. Shakil Afridi, a Pakistani physician, is a hero to
whom the people of the United States, Pakistan and the world
owe a debt of gratitude for his help in finally locating Osama
bin Laden before more innocent American, Pakistani and other
lives were lost to this terrorist leader.
(10) Pakistan, the United States and the international
community had failed for nearly 10 years following attacks of
September 11, 2001, to locate and bring Osama bin Laden, who
continued to kill innocent civilians in the Middle East, Asia,
Europe, Africa and the United States, to justice without the
help of Dr. Afridi.
(11) The Government of Pakistan's imprisonment of Dr.
Afridi presents a serious and growing impediment to the United
States' bilateral relations with Pakistan.
(12) The Government of Pakistan has leveled and allowed
baseless charges against Dr. Afridi in a politically motivated,
spurious legal process.
(13) Dr. Afridi is currently imprisoned by the Government
of Pakistan, a deplorable and unconscionable situation which
calls into question Pakistan's actual commitment to countering
terrorism and undermines the notion that Pakistan is a true
ally in the struggle against terrorism.
(b) Sense of Congress.--It is the sense of Congress that Dr. Shakil
Afridi is an international hero and that the Government of Pakistan
should release him immediately from prison.
SEC. 1219. REPORT ON ACCESS TO FINANCIAL RECORDS OF THE GOVERNMENT OF
AFGHANISTAN TO AUDIT THE USE OF FUNDS FOR ASSISTANCE FOR
AFGHANISTAN.
Not later than December 31, 2017, the Secretary of Defense shall
submit to Congress a report 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.
Subtitle C--Matters Relating to Syria and Iraq
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, 2017''.
(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--
(1) in paragraph (1), by striking ``December 31, 2016'' and
inserting ``December 31, 2017''; and
(2) by adding at the end the following:
``(3) Certification accompanying reprogramming requests.--
Each request under paragraph (1) shall include a certification
of the Secretary of Defense that--
``(A) a required number and type of United States
Armed Forces have been deployed to support the strategy
for Syria required under section 1225(b) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1054) and to support a
plan to retake and hold Raqqa, Syria; and
``(B) a required number and type of United States
Armed Forces have been deployed to support the elements
of the Syrian opposition and other Syrian groups and
individuals that are to be trained and equipped under
this section to ensure that such elements, groups, and
individuals are able to defend themselves from attacks
by the Islamic State of Iraq and the Levant (ISIL) and
Government of Syria forces consistent with the purposes
set forth in subsection (a).''.
SEC. 1222. MODIFICATION AND EXTENSION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND THE
LEVANT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it should be the policy of the United States to
support, within the framework of the Iraqi Constitution, the
Iraqi Kurdish Peshmerga, the Iraqi Security Forces, and Sunni
tribal forces in the fight against the Islamic State of Iraq
and the Levant;
(2) recognizing the important role of the Iraqi Kurdish
Peshmerga within the military campaign against ISIL in Iraq,
the United States should provide arms, training, and
appropriate equipment directly to the Kurdistan Regional
Government;
(3) efforts should be made to ensure transparency and
oversight mechanisms are in place for oversight of United
States assistance to combat waste, fraud, and abuse; and
(4) securing safe areas, including the Nineveh Plain, for
purposes of resettling and reintegrating ethnic and religious
minorities, including victims of genocide, into their
homelands, is a critical component of a safe, secure, and
sovereign Iraq.
(b) 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, 2017''.
(c) 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 $680,000,000 to
carry out this section.''; and
(2) by striking the second sentence.
(d) Submission of Plan Requirement.--Subsection (k) of such section
is amended to read as follows:
``(k) Submission of Plan Requirement.--Not more than 75 percent of
the funds authorized to be appropriated under this section may be
obligated or expended until not earlier than 15 days after the date on
which the Secretary of Defense, in coordination with the Secretary of
State, submits to the appropriate congressional committees a plan to
re-take Mosul, Iraq from the Islamic State of Iraq and the Levant
(ISIL) and to hold Mosul, Iraq.''.
(e) Briefing and Authority to Assist Directly Certain Covered
Groups.--Subsection (l) of such section, as so amended, is further
amended--
(1) in the subsection heading, by striking ``Assessment''
and inserting ``Briefing'';
(2) in paragraph (1)--
(A) in the paragraph heading, by striking
``Assessment'' and inserting ``Briefing'';
(B) in subparagraph (A)--
(i) by striking ``National Defense
Authorization Act for Fiscal Year 2016'' and
inserting ``National Defense Authorization Act
for Fiscal Year 2017''; and
(ii) by striking ``submit to the
appropriate congressional committees an
assessment of'' and inserting ``provide to the
appropriate congressional committees a briefing
that includes an assessment of'';
(C) in subparagraph (C)--
(i) by striking ``submit to the appropriate
congressional committees an update of'' and
inserting ``provide to the appropriate
congressional committees a briefing that
includes an update of''; and
(ii) by striking ``the assessment is
submitted'' and inserting ``the briefing is
provided''; and
(D) by striking subparagraph (D);
(3) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``If the President'' and
all that follows through ``the Secretary of
Defense'' and inserting ``Of the funds
authorized to be appropriated under this
section, $50,000,000 shall be available to the
Secretary of Defense'';
(ii) by striking ``is authorized'';
(iii) by striking ``assistance'' and
inserting ``stipends and sustainment''; and
(iv) by adding at the end the following:
``Of the funds made available to carry out this
subparagraph, not less than 33 percent shall be
available for stipends and sustainment for the
group described in subparagraph (D)(i).''.
(B) in subparagraph (C)--
(i) in the heading, by striking ``Cost-
sharing'' and inserting ``Submission of plan'';
and
(ii) by striking ``cost-sharing'' and
inserting ``submission of plan''; and
(C) in subparagraph (D) to read as follows:
``(D) Covered groups.--The groups described in this
subparagraph are the following groups that are directly
engaged in the campaign for Mosul, Iraq:
``(i) The Iraqi Kurdish Peshmerga.
``(ii) Sunni tribal security forces, or
other local security forces, including ethnic
and religious minority groups, with a national
security mission.''.
(f) Prohibition on Assistance and Report on Equipment or Supplies
Transferred to or Acquired by Violent Extremist Organizations.--
(1) Prohibition.--Assistance authorized 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), as so amended, may not be provided to the
Government of Iraq after the date that is 90 days after the
date of the enactment of this Act unless the Secretary of
Defense certifies to the appropriate congressional committees,
after the date of the enactment of this Act, that the
Government of Iraq has taken such actions as may be reasonably
necessary to safeguard against such assistance being
transferred to or acquired by violent extremist organizations.
(2) Briefing.--
(A) Briefing required.--Not later than 30 days
after the date on which the Secretary of Defense makes
any determination that equipment or supplies provided
pursuant to section 1236(a) of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 128 Stat. 3559), as so amended, have been
transferred to or acquired by a violent extremist
organization, the Secretary shall provide to the
appropriate congressional committees a briefing that
contains a description of the determination of the
Secretary and the transfer to or acquisition by the
violent extremist organization.
(B) Elements.--Each briefing under paragraph (1)
shall include, with respect to the transfer covered by
the report, the following:
(i) An assessment of the type and quantity
of equipment or supplies transferred to the
violent extremist organization.
(ii) A description of the criteria used to
determine that the organization is a violent
extremist organization.
(iii) A description, if known, of how the
equipment or supplies were transferred to or
acquired by the violent extremist organization.
(iv) If the equipment or supplies are
determined to remain under the current control
of the violent extremist organization, a
description of the organization, including its
relationship, if any, to the security forces of
the Government of Iraq.
(v) A description of the end use monitoring
or other policies and procedures in place in
order to prevent equipment or supplies to be
transferred to or acquired by violent extremist
organizations.
(3) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the congressional defense committees;
and
(ii) the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs
of the House of Representatives.
(B) Violent extremist organization.--The term
``violent extremist organization'' means an
organization that--
(i) is a foreign terrorist organization
designated by the Secretary of State under
section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189) or is associated with a
foreign terrorist organization; or
(ii) is known to be under the command and
control of, or is associated with, the
Government of Iran.
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--
(1) by striking ``fiscal year 2016'' and inserting ``fiscal
year 2017''; and
(2) by inserting ``, Iraqi Border Police,'' after ``Iraqi
Ministry of Defense''.
(b) Authority.--Subsection (a) of such section is amended by
striking ``transition'' and inserting ``security''.
(c) Amount Available.--Such section, as so amended, is further
amended--
(1) in subsection (c), by striking ``fiscal year 2016'' and
inserting ``fiscal year 2017''; and
(2) in subsection (d), by striking ``fiscal year 2016'' and
inserting ``fiscal year 2017''.
SEC. 1224. REPORT ON PREVENTION OF FUTURE TERRORIST ORGANIZATIONS IN
IRAQ AND SYRIA.
(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 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.
(b) Matters to Be Included.--The report required under subsection
(a) shall include the following:
(1) A detailed construct of the conditions that must be met
for the Islamic State to be considered defeated and a
successful conclusion to Operation Inherent Resolve achieved.
(2) A detailed explanation of the political, economic, and
security conditions that would--
(A) provide reasonable confidence a new terrorist
organization, including a successor to al Qaeda or
Islamic State, or an unrelated organization, would not
form in the region in the short and long term;
(B) decrease probability of terrorist attacks on
the United States, its allies, and countries in the
Middle East;
(C) eliminate safe havens for terrorist
organizations in Syria and Iraq; and
(D) diminish refugee flows within and out of Iraq
and Syria.
(3) A strategy for the United States and its allies and
partners to facilitate those political, economic, and security
conditions in the short and long term, including a description
of--
(A) the posture, roles, and activities of the
Department of Defense in Iraq and Syria and the region;
(B) the roles and responsibilities of United
States' allies and regional partners; and
(C) the roles and responsibilities for other
countries and groups in the region, including Kurds,
Shia, and Sunni groups in Iraq and Syria, and Saudi
Arabia and Iran.
(4) Any other matters the Secretary of Defense may
determine to be appropriate.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex if
necessary.
SEC. 1225. SEMIANNUAL REPORT ON INTEGRATION OF POLITICAL AND MILITARY
STRATEGIES AGAINST ISIL.
(a) Reports Required.--
(1) In general.--The Secretary of Defense and the Secretary
of State shall jointly submit to the appropriate committees of
Congress, on a semiannual basis, a report on the political and
military strategies to defeat the Islamic State in Iraq and the
Levant.
(2) Submittal.-- A report under paragraph (1) shall be
submitted not later than June 15 each year, for the 6-month
period ending on May 31 of such year, and not later than
December 15 each year, for the 6-month period ending on
November 30 of such year.
(3) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(b) Matters to Be Included.--Each report required under subsection
(a) shall include the following:
(1) Military strategy and objectives of the United States
Department of Defense and coalition partners against the
Islamic State in Iraq and the Levant (hereinafter in this
section referred to as ``ISIL'');
(2) Political strategy and objectives of the United States
Department of State and coalition partners to address the
political roots underlying the growth of ISIL, including--
(A) a comprehensive political plan for achieving a
transition plan, interim government, and free and fair
internationally monitored elections after the end of
the current government headed by Bashar al-Assad;
(B) a comprehensive political plan for Iraqi
political reform and reconciliation between ethnic
groups and political parties (including a plan for
passage of national guard legislation, repeal of de-
Baathification laws, and a plan for equitable petroleum
revenue sharing with the Kurdistan Regional
Government); and
(C) a critical assessment of the current size and
structure of the Iraqi Security Forces (hereinafter in
this section referred to as ``ISF'') including an
assessment of--
(i) provincial and neighborhood militias
and special counterterrorism units;
(ii) any changes in strength and mix of
force structure within the ISF;
(iii) levels of recruitment, retention, and
attrition within ISF forces; and
(iv) the operating budget of the ISF.
(c) Report by Comptroller General.--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
review of--
(1) the transparency and anti-fraud, internal controls and
accounting, and other measures undertaken by the Government of
Iraq for the ISF, including irregular forces, relating to cash
transfers and other assistance provided through the Iraq Train
and Equip Fund; and
(2) the financial management capacity and accountability of
United States direct assistance with respect to all recipients
of funding under the Iraq Train and Equip Fund.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
(e) Sunset.--The requirements under this section shall expire on
the date that is three years after the date of the enactment of this
Act.
SEC. 1226. SENSE OF CONGRESS CONDEMNING CONTINUING ATTACKS ON MEDICAL
FACILITIES IN SYRIA.
(a) Findings.--Congress finds the following:
(1) Attacks intentionally targeting civilians, medical
personnel, or medical facilities constitute grave violations of
international humanitarian law.
(2) In Syria, schools, markets, and hospitals are routinely
destroyed in attacks and medical providers routinely targeted
for attacks.
(3) Physicians for Human Rights has documented at least 350
airstrikes against medical facilities and the deaths of over
700 medical personnel in Syria since 2011.
(4) So far in May 2016, there have been at least six
attacks on medical facilities in the city of Aleppo alone in
less than a week killing dozens, including the last
pediatrician still working in Aleppo.
(5) These attacks seriously hinder access to medical care
and are compounded by ongoing efforts by the Syrian regime to
block or limit humanitarian aid to Syrians.
(6) Secretary of State John Kerry has condemned these
attacks arguing, ``there is no justification for this horrific
violence that targets civilians or medical facilities or first
responders no matter who it is, whether it's a member of the
opposition retaliating or the regime in its brutality against
the civilians which has continued for five years.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense and all other appropriate
United States Government agencies should continue to strongly
condemn and call for an immediate end to attacks on medical
facilities and medical providers in Syria and work to ensure
that doctors can do their job and provide care to the those in
need;
(2) humanitarian crises in Syria and Iraq, exacerbated by
targeted attacks on medical facilities, personnel, and schools,
threaten the achievement of United States goals in the region,
such as destroying and dismantling the Islamic State in Iraq
and the Levant (ISIL) and peace and stability in the region,
including Syria;
(3) the United States and international community should do
more to support medical professionals and medical nonprofit
organizations working in Syria, at great risk to their personal
well-being, to treat the ill and infirm and ensure some level
of medical care for Syrians; and
(4) the Department of Defense is strongly encouraged to
support, where appropriate, other appropriate United States
Government agencies and entities engaged in meeting urgent and
increasing humanitarian and medical needs in Syria, especially
in areas where medical facilities and providers have been
targeted by the Syrian regime, ISIL, or Al-Qaeda.
SEC. 1227. UNITED NATIONS PROCESSING CENTER IN ERBIL, IRAQI KURDISTAN,
TO ASSIST INTERNATIONALLY-DISPLACED COMMUNITIES.
The President shall instruct the United States Permanent
Representative to the United Nations to use the voice and vote of the
United States at the United Nations to seek the establishment of a
United Nations processing center in Erbil, Iraqi Kurdistan, to assist
internationally-displaced communities.
SEC. 1228. SENSE OF CONGRESS ON BUSINESS PRACTICES OF THE ISLAMIC STATE
OF IRAQ AND SYRIA (ISIS).
(a) Findings.--Congress finds the following:
(1) For nearly two years, the Islamic State of Iraq and
Syria (ISIS) has capitalized on established oil production
facilities throughout Iraq and Syria in order to fund its
jihadist operations globally.
(2) Oil production and sale represent the largest and most
vulnerable income factors for ISIS.
(3) In 2015, ISIS oil sales brought in over $400,000,000 to
prop up the terror group's operations world-wide.
(4) ISIS has executed a robust recruitment scheme to staff
and operate the oil facilities within the group's control and
maintained smuggling routes for the sale of that oil.
(5) Further disrupting ISIS oil production and sale
structures would be minimally invasive but would effectively
curtail the terror group's ability to self-finance.
(b) Sense of Congress.--It is 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 Syria (ISIS) through oil
production and sale.
SEC. 1229. PROHIBITION ON TRANSFER OF MAN-PORTABLE AIR DEFENSE SYSTEMS
TO ANY ENTITY IN SYRIA.
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 to transfer or facilitate the
transfer of man-portable air defense systems (MANPADS) to any entity in
Syria.
Subtitle D--Matters Relating to the Russian Federation
SEC. 1231. LIMITATION ON USE OF FUNDS TO APPROVE OR OTHERWISE PERMIT
APPROVAL OF CERTAIN REQUESTS BY RUSSIAN FEDERATION UNDER
OPEN SKIES TREATY.
(a) 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) Observation aircraft, observation flight, and sensor.--
The terms ``observation aircraft'', ``observation flight'', and
``sensor'' have the meanings given such terms in Article II of
the Open Skies Treaty.
(4) Open skies treaty.--The term ``Open Skies Treaty''
means the Treaty on Open Skies, done at Helsinki March 24,
1992, and entered into force January 1, 2002.
(b) 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 approve or otherwise
permit the approval of a request by the Russian Federation to carry out
an initial or exhibition observation flight or certification event of
an observation aircraft on which is installed an upgraded sensor with
infrared or synthetic aperture radar capability over the territory of
the United States or over the territory of a covered state party under
the Open Skies Treaty unless and until the Secretary of Defense,
jointly with the Secretary of State, the Secretary of Energy, the
Secretary of Homeland Security, the Director of the Federal Bureau of
Investigation, the Director of National Intelligence, and the commander
of U.S. Strategic Command and the Commander of U.S. Northern Command in
the case of a flight over the territory of the United States and the
Commander of U.S. European Command in the case of other flights,
submits to the appropriate congressional committees the following:
(1) Certification.--A certification that--
(A) the Russian Federation--
(i) is taking no action that is
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 overflights by covered
state parties over all of Moscow, Chechnya,
Abkhazia, South Ossetia, and Kaliningrad
without restriction and without inconsistency
to requirements under the Open Skies 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 upgraded sensors used
under the Open Skies Treaty.
(2) Report.--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 Russian flights carried out under the Open
Skies Treaty over European and United States
territories with a sensor described in paragraph
(1)(B).
(B) A plan to replace the Open Skies 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.
(c) Notice.--
(1) In general.--Not later than 14 days after the
completion of an observation flight over the United States, 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 notify the appropriate congressional
committees of such flight.
(2) Contents.--Notice submitted for a flight pursuant to
paragraph (1) shall include the following:
(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 flight.
(C) An estimate for the mitigation costs imposed on
the Department of Defense or other United States
Government agencies by such 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.
(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 year 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
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 Open Skies 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 Open
Skies 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 Open Skies 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 an unclassified
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 treaty implementation
costs for covered state parties; and
(ii) describes the impact on contributions
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.
SEC. 1232. MILITARY RESPONSE OPTIONS TO RUSSIAN FEDERATION VIOLATION OF
INF TREATY.
(a) In General.--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--
(1) submits to the appropriate congressional committees the
plan for the development of military capabilities as 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); and
(2) carries out the development of capabilities pursuant to
such plan in accordance with the requirements described in
paragraph (3) of such section.
(b) Definition.--In this section, the term ``appropriate
congressional committees'' has the meaning given such term in section
1243(e) of the National Defense Authorization Act for Fiscal Year 2016.
SEC. 1233. 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. 1234. STATEMENT OF POLICY ON UNITED STATES EFFORTS IN EUROPE TO
REASSURE UNITED STATES PARTNERS AND ALLIES AND DETER
AGGRESSION BY THE GOVERNMENT OF THE RUSSIAN FEDERATION.
(a) Findings.--Congress makes the following findings:
(1) The Russian Federation, under the leadership of
President Vladimir Putin, continues to demonstrate its intent
to expand its sphere of influence and limit Western influence
both regionally and globally.
(2) In March 2016, at a House Armed Services Committee
hearing discussing worldwide threats, Major General James
Marrs, Director for Intelligence in the Joint Staff stated,
``principally, what we are seeing in Russia. . .is just a
breadth of capabilities from strategic systems to anti access
area denial to even, I would say, a growing adeptness at
operating sort of just short of traditional military conflict
that is posing a significant challenge in the future''.
(3) In July 2015, Chairman of the Joint Chiefs of Staff,
General Joseph Dunford, testified to the Senate Armed Services
Committee, that ``Russia presents the greatest threat to our
national security''. In November 2015, Secretary of Defense,
Ashton Carter, discussed the need for ``adapting our
operational posture and contingency plans. . .to deter Russia's
aggression''.
(4) In February 2016, the Rand Corporation released its
report, ``Reinforcing Deterrence on NATO's Eastern Flank'',
concluding that at a maximum it would take Russian forces
approximately 60 hours to reach the capitals of Estonia and
Latvia, exhibiting the challenge to North Atlantic Treaty
Organization (NATO) member countries of successfully defending
such territory with its current posture and capability.
(5) In February 2016, the Center for Strategic and
International Studies released its report, ``Evaluating U.S.
Army Force Posture in Europe'', calling for increased pre-
positioned sets of United States military equipment, increased
rotational forces and associated enablers, increased logistics
capabilities, and increased investment in combating
unconventional warfare methods in Europe.
(6) In February 2016, the National Commission on the Future
of the Army released its findings and recommendations, which
included Recommendation 14 calling for stationing an Armored
Brigade Combat Team Forward in Europe and Recommendation 15
calling for the conversion of Army Europe Aviation Headquarters
to a warfighting mission command.
(7) In the National Defense Authorization Act for Fiscal
Year 2015 (Public Law 114-92) and the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 113-291),
Congress authorized approximately $1,800,000,000 for the
European Reassurance Initiative to reassure allies through
expanded United States military presence in Europe through
rotational deployments of United States troops, bilateral and
multilateral exercises, improved infrastructure, increased pre-
positioned United States military equipment, and building
partnership capacity.
(8) The budget of the President for fiscal year 2017
submitted to Congress under section 1105(a) of title 31, United
States Code, includes $3,420,000,000 for the European
Reassurance Initiative to begin the transition from primarily
reassuring United States partners and allies to deterring the
Russian Federation.
(9) The request encompasses a large increase of
conventional resources, including additional rotational
deployments of United States troops and pre-positioning an
Armored Brigade Combat Team's worth of equipment into Europe.
(10) The request also includes increased funding for
unconventional warfare resources, including cyber and special
operations forces, as well as for intelligence and indicators
and warning.
(b) Statement of Policy.--
(1) In general.--It is the policy of the United States to
reassure United States partners and allies in Europe and to
work with United States partners and allies to deter aggression
by the Government of the Russian Federation in order to enhance
regional and global security and stability.
(2) Conduct of policy.--The policy described in paragraph
(1) shall, among other things, be carried out through a
comprehensive defense strategy and guidance to outline the
future path of defense resources and capabilities in the
European theater. Such strategy and guidance shall include--
(A) use and expansion of conventional methods,
including increased United States presence, pre-
positioning of United States military equipment,
increased infrastructure, and building partnership
capacity in Europe;
(B) emphasis on developing capabilities for
countering unconventional methods of warfare, including
cyber warfare, economic warfare, information
operations, and intelligence operations; and
(C) encouraging security assistance and
capabilities of partners and allies, including NATO
member countries.
SEC. 1235. MODIFICATION OF UKRAINE SECURITY ASSISTANCE INITIATIVE.
(a) Authority to Provide Assistance.--Subsection (a) of section
1250 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1068) is amended--
(1) by striking ``Of the amounts'' and all that follows
through ``the Secretary of Defense'' and inserting ``The
Secretary of Defense''; and
(2) by inserting ``is authorized'' before ``to provide''.
(b) Availability of Funds.--Subsection (c) of such section is
amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(3) in paragraph (1) (as so redesignated)--
(A) by striking ``paragraph (3)'' and inserting
``paragraph (2)''; and
(B) by striking ``pursuant to subsection (a)'' and
inserting ``to carry out this section for a fiscal
year''; and
(4) in paragraph (2) (as so redesignated)--
(A) by striking ``paragraph (2)'' and inserting
``paragraph (1)''; and
(B) by striking ``commencing on the date that is
six months after the date of the enactment of this
Act''.
SEC. 1236. 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. 1237. MODIFICATION AND EXTENSION OF REPORT ON MILITARY ASSISTANCE
TO UKRAINE.
(a) Findings.--Congress makes the following findings:
(1) Ukraine's border is 6,995 kilometers long, including
1,974 kilometers of controlled border with the Russian
Federation, 195 kilometers of an administrative line with
Crimea, and 409 kilometers of border in the east that is
currently uncontrolled.
(2) Since the beginning of the Russian-Ukrainian conflict
in 2014, 64 Ukrainian border guards have been killed and
another 391 have been wounded.
(3) Implementation of the Minsk Agreement, signed in
February 2015, requires the State Border Guard Service of
Ukraine to reestablish border checkpoints in currently
uncontrolled territory and to monitor the border to verify full
implementation of the Agreement.
(4) Ukraine is developing engineering and technical systems
to strengthen the controlled border between Ukraine and the
Russian Federation, Ukrainian maritime borders, and areas
adjacent to the uncontrolled territory and occupied Crimea.
(5) Russian unmanned aerial vehicles are being used to
support Russian-backed separatist artillery fire against
Ukrainian forces.
(6) Due to a lack of resources and equipment, Ukraine lacks
an effective early warning network to warn of any new
aggression on the border.
(7) Section 1250 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068) calls
for the United States to provide to Ukraine critical training
and equipment to enhance the capabilities of the military and
other security forces of Ukraine to defend against further
aggression from the Russian Federation and Russian-backed
separatists.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should continue to support the
Government of Ukraine's efforts to provide and maintain
security in Ukraine;
(2) the State Border Guard Service of Ukraine needs
sufficient equipment and technical assistance to defend and
monitor Ukraine's borders and to fully implement the Minsk
Agreement; and
(3) the Department of Defense should continue its work with
the Ukrainian military, Ukrainian National Guard, and Ukrainian
State Border Guard Service to strengthen Ukraine's defenses and
defend its borders against aggressive actions.
(c) Modification and Extension of Report on Military Assistance to
Ukraine.--
(1) Congressional committees.--Subsection (b) of section
1275 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 128 Stat. 3591) is amended by inserting ``and the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives'' after
``congressional defense committees''.
(2) Elements.--Subsection (c) of such section is amended by
adding at the end the following:
``(8) A description of the extent to which the Department
of Defense has provided security assistance to the Government
of Ukraine for the purposes of protecting and monitoring the
borders of Ukraine.''.
(3) Extension.--Subsection (e) of such section, as amended
by section 1250(g) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1070), is
further amended by striking ``December 31, 2017'' and inserting
``December 31, 2019''.
SEC. 1238. ADDITIONAL MATTERS IN ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE RUSSIAN FEDERATION.
(a) Additional Matters.--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(a) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1066), is further amended--
(1) by redesignating paragraph (18) as paragraph (19); and
(2) by inserting after paragraph (17) the following:
``(18) The current state of Russia's foreign military
deployments, which shall include the following:
``(A) For each such deployment, the estimated
number of forces, types of capabilities to include
advanced weapons, length of deployment, and where
possible identifying basing agreements.
``(B) The following information with respect to
such deployments to be disaggregated on a country-by-
country basis:
``(i) The number of Russian military
personnel, including combat troops, military
trainers, combat enabling capabilities and
border security agents, deployed to the country
with the consent of the national or local
government. The number and type of transient
Russian naval vessels that have utilized ports
of the country. Such information should include
the length of the basing arrangements,
including the use of ports of such country by
transient Russian naval vessels, and the
strategic importance of the location.
``(ii) The number of such Russian military
personnel deployed in areas where Russian
forces entered the country by force or are
otherwise deployed over the objections of the
national or local government.''.
(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 reports submitted under section 1245 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 after that date.
Subtitle E--Other Matters
SEC. 1241. SENSE OF CONGRESS ON MALIGN ACTIVITIES OF THE GOVERNMENT OF
IRAN.
(a) Findings.--Congress finds that the Government of Iran continues
to conduct provocative, malign activities in the region, including--
(1) the launch of the Shahab-3 medium-range ballistic
missile and Qiam-1 short-range ballistic missiles;
(2) the intent to launch the Simorgh Space-Launch Vehicle
(SLV) as stated by Lieutenant General Vincent Stewart in
testimony to the House Armed Services Committee: ``Iran stated
publicly it intends to launch the Simorgh (SLV), which would be
capable of intercontinental ballistic missile (ICBM) range.'';
(3) the detention of United States service members, which
the Secretary of Defense, Ashton Carter, described in testimony
to the House Armed Services Committee as ``unprofessional'' and
``outrageous'';
(4) the support of foreign terrorist organizations
designated by the Department of State, such as Lebanese
Hezbollah and Kata'ib Hizbollah;
(5) the support of the Assad regime in Syria;
(6) the support of Shia militias in Iraq that have been
directly responsible for the deaths of United States service
members; and
(7) the support of the Houthi rebels in Yemen in
contravention to the internationally-recognized, legitimate
Government of Yemen.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Joint Comprehensive Plan of Action (JCPOA) does not
address the totality of the malign activities of the Government
of Iran, including ballistic missile launches, support for
designated foreign terrorist organizations, or other proxies
conducting malign activities in the region and globally;
(2) the United States should increase its efforts to
counter the continued expansion of malign activities of the
Government of Iran in the Middle East;
(3) the United States should ensure that it has robust,
enduring military posture and capabilities forward deployed in
the Arabian Gulf region to deter Iranian aggression and respond
to Iranian aggression, if necessary; and
(4) the United States should strengthen ballistic missile
defense capabilities and increase security assistance to United
States partners and allies in the region.
SEC. 1242. 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. 1243. SENSE OF CONGRESS ON TRILATERAL COOPERATION BETWEEN JAPAN,
SOUTH KOREA, AND THE UNITED STATES.
(a) Findings.--Congress finds the following:
(1) Japan and the Republic of Korea (South Korea) are both
treaty allies and critically important security partners of the
United States.
(2) Japan and South Korea confront a range of shared
challenges to their national security and to stability in the
Asia-Pacific region, including the multitude of threats posed
by the Democratic People's Republic of Korea (North Korea).
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should continue to support trilateral
cooperation with Japan and South Korea;
(2) the United States should continue to support defense
cooperation between Japan and South Korea on the full range of
issues related to North Korea and to other security challenges
in the Asia-Pacific region; and
(3) the United States should seek to facilitate closer
security cooperation with and between Japan and South Korea
on--
(A) non-proliferation;
(B) cyber security;
(C) maritime security;
(D) security technology and capability development;
and
(E) other areas of mutual security benefit.
SEC. 1244. SENSE OF CONGRESS ON COOPERATION BETWEEN SINGAPORE AND THE
UNITED STATES.
(a) Findings.--Congress finds the following:
(1) 2016 is the 50th year of relations between the United
States and the Republic of Singapore.
(2) The United States and Singapore signed an enhanced
defense cooperation agreement on December 7, 2015.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should continue to conduct bilateral
cooperation and support the strategic partnership with
Singapore to promote peace and stability in the Asia-Pacific
region;
(2) the United States welcomes the signing of the enhanced
Defense Cooperation Agreement with Singapore and should expand
bilateral training and cooperation on security issues,
including maritime security, cyber security, countering violent
extremism, humanitarian assistance, and disaster relief;
(3) the United States should continue efforts with
Singapore to address transnational issues and strengthen
regional and multilateral institutions that promote security
cooperation based on internationally accepted rules and norms;
and
(4) the United States should improve joint interoperability
and security collaboration with Singapore to enhance
capabilities to maintain regional stability.
SEC. 1245. 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 year 2017.
(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. 1246. 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 two 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.
(g) Sunset.--The authority to enter into an agreement under this
section shall terminate at the close of December 31, 2018.
SEC. 1247. 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 ``2020''.
(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. 1248. 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 three years after the date of the enactment of this
Act.
SEC. 1249. 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 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. 1250. UNITED STATES-ISRAEL DIRECTED ENERGY COOPERATION.
(a) Authority To Establish Directed Energy Capabilities Program
With Israel.--
(1) In general.--The Secretary of Defense, upon the request
of the Ministry of Defense of Israel, and with the concurrence
of the Secretary of State, may 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 forces of the United States, or Israel.
Any activities carried out pursuant to such authority shall be
conducted in a manner that appropriately protects sensitive
information and the national security interests of the United
States and Israel.
(2) Report.--The activities described in paragraph (1) may
be carried out after the Secretary of Defense submits to the
appropriate committees of Congress a report setting forth the
following:
(A) A memorandum of agreement between the United
States and Israel regarding sharing of research and
development costs for the capabilities described in
paragraph (1), and any supporting documents.
(B) A certification that the memorandum of
agreement--
(i) requires sharing of costs of projects,
including in-kind support, between the United
States and Israel;
(ii) establishes a framework to negotiate
the rights to any intellectual property
developed under the memorandum of agreement;
and
(iii) requires the United States Government
to receive semiannual reports on expenditure of
funds, if any, by the Government of Israel,
including a description of what the funds have
been used for, when funds were expended, and an
identification of entities that expended the
funds.
(3) Annual limitation on amount.--The amount of support
provided under this subsection in any year may not exceed
$25,000,000.
(b) Lead Agency.--The Secretary of Defense shall designate the
Missile Defense Agency as the appropriate research and development
entity and as the lead agency of the Department of Defense in carrying
out this section.
(c) Semiannual Reports.--The Secretary of Defense shall submit to
the appropriate committees of Congress on a semiannual basis a report
that contains a copy of the most recent semiannual report provided by
the Government of Israel to the Department of Defense pursuant to
subsection (a)(2)(B)(iii).
(d) Sunset.--The authority in this section to carry out activities
described in subsection (a) shall expire on December 31, 2018.
(e) 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, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Homeland Security, the
Committee on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
SEC. 1251. SENSE OF CONGRESS ON SUPPORT FOR ESTONIA, LATVIA, AND
LITHUANIA.
(a) Findings.--Congress finds the following:
(1) The Baltic States of Estonia, Latvia, and Lithuania are
highly valued allies of the United States, and they have
repeatedly demonstrated their commitment to advancing our
mutual interests as well as those of the NATO Alliance.
(2) Operation Atlantic Resolve is a series of exercises and
coordinating efforts demonstrating the United States'
commitment to its European partners and allies, including the
Baltic States of Estonia, Latvia, and Lithuania, with the
shared goal of peace and stability in the region. Operation
Atlantic Resolve strengthens communication and understanding,
and is an important effort to deter Russian aggression in the
region.
(3) Through Operation Atlantic Resolve, the European
Reassurance Initiative undertakes exercises, training, and
rotational presence necessary to reassure and integrate our
allies, including the Baltic States, into a common defense
framework.
(4) All three Baltic States contributed to the NATO-led
International Security Assistance Force in Afghanistan, sending
disproportionate numbers of troops and operating with few
caveats. The Baltic States continue to engage in Operation
Resolute Support in Afghanistan.
(b) Sense of Congress.--Congress--
(1) reaffirms its support for the principle of collective
defense in Article 5 of the North Atlantic Treaty for our NATO
allies, including Estonia, Latvia, and Lithuania;
(2) supports the sovereignty, independence, territorial
integrity, and inviolability of Estonia, Latvia, and Lithuania
as well as their internationally recognized borders, and
expresses concerns over increasingly aggressive military
maneuvering by the Russian Federation near their borders and
airspace;
(3) expresses concern over and condemns subversive and
destabilizing activities by the Russian Federation within the
Baltic States; and
(4) encourages the Administration to further enhance
defense cooperation efforts with Estonia, Latvia, and Lithuania
and supports the efforts of their Governments to provide for
the defense of their people and sovereign territory.
SEC. 1252. SENSE OF CONGRESS ON SUPPORT FOR GEORGIA.
(a) Findings.--Congress finds the following:
(1) Georgia is a valued friend of the United States and has
repeatedly demonstrated its commitment to advancing the mutual
interests of both countries, including the deployment of
Georgian forces as part of the NATO-led International Security
Assistance Force (ISAF) in Afghanistan and the Multi-National
Force in Iraq.
(2) The European Reassurance Initiative builds the
partnership capacity of Georgia so it can work more closely
with the United States and NATO, as well as provide for its own
defense.
(3) In addition to the European Reassurance Initiative,
Georgia's participation in the NATO initiative Partnership for
Peace is paramount to interoperability with the United States
and NATO, and establishing a more peaceful environment in the
region.
(4) Despite the losses suffered, as a NATO partner of ISAF,
Georgia is engaged in the Resolute Support Mission in
Afghanistan with the second largest contingent on the ground.
(b) Sense of Congress.--Congress--
(1) reaffirms United States support for Georgia's
sovereignty and territorial integrity within its
internationally-recognized borders, and does not recognize the
independence of the Abkhazia and South Ossetia regions
currently occupied by the Russian Federation; and
(2) supports continued cooperation between the United
States and Georgia and the efforts of the Government of Georgia
to provide for the defense of its people and sovereign
territory.
SEC. 1253. MODIFICATION OF ANNUAL REPORT ON MILITARY POWER OF IRAN.
(a) In General.--Subsection (b)(3) of section 1245 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2542) is amended--
(1) by redesignating subparagraphs (E) through (G) as
subparagraphs (G) through (I), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) an estimate of Iran's military cyber
capabilities, including persons and entities operating
on behalf of Iran, and any information on those persons
or entities responsible for targeting United States
critical infrastructure or United States persons or
entities;
``(F) information on Iranian military and security
organizations responsible for detaining members of the
United States Armed Forces or interfering in United
States military operations;''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on the date of the enactment of this Act and 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 such date of
enactment.
SEC. 1254. SENSE OF CONGRESS ON SENIOR MILITARY EXCHANGES BETWEEN THE
UNITED STATES AND TAIWAN.
(a) In General.--It is the sense of Congress that the Secretary of
Defense should conduct a program of senior military exchanges between
the United States and Taiwan that have the objective of improving
military-to-military relations and defense cooperation between the
United States and Taiwan.
(b) Administration of Program.--It is the sense of Congress that
the program described in subsection (a)--
(1) should be conducted at least once each calendar year;
and
(2) should be conducted in both the United States and
Taiwan.
(c) Definitions.--In this section:
(1) Senior military exchange.--The term ``senior military
exchange'' means an activity, exercise, professional education
event, or observation opportunity in which senior military
officers and senior defense officials participate.
(2) Senior military officer.--The term ``senior military
officer'' means a general or flag officer on active duty in the
armed forces.
(3) Senior defense official.--The term ``senior defense
official'', with respect to the Department of Defense, means a
civilian official at the level of Assistant Secretary of
Defense or above.
SEC. 1255. QUARTERLY REPORT ON FREEDOM OF NAVIGATION OPERATIONS.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 130i. Quarterly report on freedom of navigation operations
``(a) Report Required.--Not later than 30 days after the end of
each fiscal quarter, the Secretary of Defense shall submit to the
congressional defense committees a report 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.
``(b) Elements.--The report under subsection (a) shall include,
with respect to each operation described in such subsection, the
following:
``(1) The date of the operation.
``(2) The class of ship or type of aircraft that conducted
the operation.
``(3) The geographic location of the operation.
``(4) Identification of the foreign country that made the
excessive territorial claim challenged by the operation.
``(5) A description of the excessive territorial claim that
was challenged by the operation.
``(c) Sunset.--This section shall terminate on September 30,
2018.''.
(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. Quarterly report on freedom of navigation operations.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date of the enactment of this Act and shall
apply with respect to fiscal quarters beginning after such date.
SEC. 1256. ANNUAL REPORT ON FOREIGN MILITARY SALES TO TAIWAN.
Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is
amended by adding at the end the following:
``(j) At the end of each fiscal year, the Secretary of Defense
shall 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 report shall be submitted in unclassified form, but may contain a
classified annex.''.
SEC. 1257. SENSE OF CONGRESS ON JULY 2016 NATO SUMMIT IN WARSAW,
POLAND.
(a) Findings.--Congress finds the following:
(1) The North Atlantic Treaty Organization (NATO) has been
the cornerstone of transatlantic security cooperation and an
enduring instrument for promoting stability in Europe and
around the world for over 65 years.
(2) NATO currently faces a range of evolving security
challenges, including Russian aggression in Eastern Europe, and
instability and conflict in the Middle East and North Africa.
In the face of these varied challenges, NATO must deter threats
and, if necessary, defend NATO member states against
adversaries.
(3) Since NATO's 2014 summit in Wales, NATO member states
have made progress in implementing a Readiness Action Plan to
enhance allied readiness and collective defense in response to
Russian aggression. However, much work remains to be done.
(4) NATO's solidarity is strengthened by the bolstering of
NATO's conventional and nuclear deterrence, increased defense
spending by NATO member states, and continued enlargement of
the Alliance.
(b) Sense of Congress.--It is the sense of Congress that--
(1) at the July 2016 NATO Summit in Warsaw, Poland and
beyond, the United States should--
(A) welcome Montenegro's accession to NATO;
(B) continue to work with aspirant countries to
prepare them for entry into NATO;
(C) continue supporting a Membership Action Plan
(MAP) for Georgia;
(D) encourage the leaders of Macedonia and Greece
to find a mutually agreeable solution to the name
dispute between the two countries;
(E) seek a Dayton II agreement to resolve the
constitutional issues of Bosnia and Herzegovina;
(F) work with the Republic of Kosovo to prepare the
country for entrance into the Partnership for Peace
(PfP) program;
(G) take a leading role in working with NATO member
states to identify, through consensus, the current and
future security threats facing the Alliance; and
(H) take a leading role to work with other NATO
member states to ensure the alliance maintains the
required capabilities, including the gains in
interoperability from combat in Afghanistan, necessary
to meet the security threats to the Alliance;
(2) in Warsaw, NATO member states should build upon the
progress made since the 2014 Wales Summit, by committing
additional resources to NATO's Readiness Action Plan and
related measures to enhance allied readiness and deterrence;
(3) NATO member states should review defense spending to
ensure sufficient funding is obligated to meet NATO
responsibilities, including to allocate at least 2 percent of
Gross Domestic Product (GDP) to defense spending, and to devote
at least 20 percent of defense spending to defense
modernization and new equipment;
(4) the United States should commit to maintaining a robust
military presence in Europe as a means of promoting allied
interoperability, providing visible assurance to NATO allies,
and deterring Russian aggression in the region; and
(5) the United States reaffirms and remains committed to
the policies enumerated by NATO member states in the Deterrence
and Defense Posture Review, dated May 20, 2012, and the Wales
Summit Declaration of September 2014, including the following
statement: ``Deterrence, based on an appropriate mix of
nuclear, conventional, and missile defence capabilities,
remains a core element of our overall strategy.''.
SEC. 1258. REPORT ON VIOLENCE AND CARTEL ACTIVITY IN MEXICO.
The Secretary of Defense shall submit to the congressional defense
committees a report on violence and cartel activity in Mexico and the
impact of such on United States national security.
SEC. 1259. UNITED STATES POLICY ON TAIWAN.
(a) Findings.--Congress finds the following:
(1) For more than 50 years, the United States and Taiwan
have had a unique and close relationship, which has supported
the economic, cultural, and strategic advantage to both
countries.
(2) The United States has vital security and strategic
interests in the Taiwan Strait.
(3) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3301 et seq.) has been instrumental in maintaining peace,
security, and stability in the Taiwan Strait since its
enactment in 1979.
(4) The Taiwan Relations Act states that it is the policy
of the United States to provide Taiwan with arms of a defensive
character and to maintain the capacity of the United States to
defend against any forms of coercion that would jeopardize the
security, or the social or economic system, of the people on
Taiwan.
(b) Statement of Policy.--The Taiwan Relations Act (Public Law 96-
8; 22 U.S.C. 3301 et seq.) forms the cornerstone of United States
policy and relations with Taiwan.
(c) Report.--
(1) In general.--Not later than February 15, 2017, the
Secretary of Defense and the Secretary of State shall 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.).
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the congressional defense committees; and
(B) Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1259A. 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 fund a
Secretariat or any other international organization established to
support the implementation of the Arms Trade Treaty, to sustain
domestic prosecutions based on any charge related to the Treaty, or to
implement the Treaty until the Senate approves a resolution of
ratification for the Treaty and implementing legislation for the Treaty
has been enacted into law.
(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, regulations, and practices related to
export control up to United States standards.
SEC. 1259B. LIMITATION ON MILITARY CONTACT AND COOPERATION BETWEEN THE
UNITED STATES AND CUBA.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated or otherwise made available for
fiscal year 2017 for the Department of Defense may be used 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--
(1) the Government of Cuba has--
(A) met the requirements and satisfied the factors
specified in sections 205 and 206 of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6065 and 6066); and
(B) resolved, to the full satisfaction of United
States law, all outstanding claims and judgments
belonging to United States nationals against the
Government of Cuba, including but not limited to claims
regarding property confiscated by the Government of
Cuba;
(2) the Cuban military and other security forces in Cuba
have ceased committing human right abuses, including arbitrary
arrests, beatings, and other acts of repudiation, against those
who express opposition to the Castro regime, civil rights
activists and other citizens of Cuba, as well as all
persecution, intimidation, arrest, imprisonment, and
assassination of dissidents and members of faith-based
organizations;
(3) the Cuban military has ceased providing military
intelligence, weapons training, strategic planning, and
security logistics to the military and security forces of
Venezuela;
(4) the Government of Cuba no longer demands that the
United States relinquish control of Guantanamo Bay, in
violation of an international treaty;
(5) the Government of Cuba returns to the United States
fugitives wanted by the Department of Justice for crimes
committed in the United States; and
(6) the officials of the Cuban military that were indicted
in the murder of United States citizens during the shoot down
of planes operated by the Brothers to the Rescue humanitarian
organization in 1996 are brought to justice.
(b) Exceptions.--The limitation on the use of funds under
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); or
(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.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Bilateral military-to-military contact or
cooperation.--The term ``bilateral military-to-military contact
or cooperation''--
(A) means--
(i) reciprocal visits and meetings by high-
ranking delegations;
(ii) information sharing, policy
consultations, security dialogues or other
forms of consultative discussions;
(iii) exchange of military instructors,
training personnel, and students;
(iv) defense planning; and
(v) military training or exercises; but
(B) does not include any contact or cooperation
that is in support of the United States stability
operations.
(3) Cuban military.--The term ``Cuban military'' means--
(A) the Ministry of the Revolutionary Armed Forces
of Cuba, the Ministry of the Interior of Cuba, or any
subdivision of either such Ministry;
(B) any agency, instrumentality, or other entity
that is owned, operated, or controlled by an entity
specified in subparagraph (A); or
(C) an individual who is a senior member of the
Ministry of the Revolutionary Armed Forces of Cuba or
the Ministry of the Interior of Cuba.
(d) Effective Date.--This section takes effect on the date of the
enactment of this Act and applies with respect to funds described in
subsection (a) that are unobligated as of such date of enactment.
SEC. 1259C. GLOBAL ENGAGEMENT CENTER.
(a) Establishment.--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 a Global Engagement Center
(in this section referred to as the ``Center''). The purposes of the
Center are--
(1) to lead and coordinate the compilation and examination
of information on foreign government information warfare
efforts monitored and integrated by the appropriate interagency
entities with responsibility for such information, including
information provided by recipients of information access fund
grants awarded under subsection (f) and other sources;
(2) to establish a framework for the integration of
critical data and analysis provided by the appropriate
interagency entities with responsibility for such information
on foreign propaganda and disinformation efforts into the
development of national strategy;
(3) to develop, plan, and synchronize, in coordination with
the Secretary of Defense, and the heads of other relevant
Federal departments and agencies, whole-of-government
initiatives to expose and counter foreign propaganda and
disinformation directed against United States national security
interests and proactively advance fact-based narratives that
support United States allies and interests;
(4) to demonstrate new technologies, methodologies and
concepts relevant to the missions of the Center that can be
transitioned to other departments or agencies of the United
States Government, foreign partners or allies, or other
nongovernmental entities;
(5) to establish cooperative or liaison relationships with
foreign partners and allies in consultation with interagency
entities with responsibility for such activities, and other
entities, such as academia, nongovernmental organizations, and
the private sector; and
(6) to identify shortfalls in United States capabilities in
any areas relevant to the United States Government's mission,
and recommend necessary enhancements or changes.
(b) Functions.--The Center shall carry out the following functions:
(1) Integrating 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.
(2) Integrating, and analyzing relevant information, data,
analysis, and analytics from United States Government agencies,
allied nations, think tanks, academic institutions, civil
society groups, and other nongovernmental organizations.
(3) Developing and disseminating fact-based narratives and
analysis to counter propaganda and disinformation directed at
United States allies and partners.
(4) Identifying current and emerging trends in foreign
propaganda and disinformation based on the information provided
by the appropriate interagency entities with responsibility for
such information, including information obtained from print,
broadcast, online and social media, support for third-party
outlets such as think tanks, political parties, and
nongovernmental organizations, and the use of covert or
clandestine special operators and agents to influence targeted
populations and governments 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) Facilitating the use of a wide range of technologies
and techniques by sharing expertise among agencies, seeking
expertise from external sources, and implementing best
practices.
(6) Identifying gaps in United States capabilities in areas
relevant to the Center's mission and recommending necessary
enhancements or changes.
(7) Identifying the countries and populations most
susceptible to foreign government propaganda and disinformation
based on information provided by appropriate interagency
entities.
(8) Administering the information access fund established
pursuant to subsection (f).
(9) Coordinating with allied and partner nations,
particularly those frequently targeted by foreign
disinformation operations, and international organizations and
entities such as the NATO Center of Excellence on Strategic
Communications, the European Endowment for Democracy, and the
European External Action Service Task Force on Strategic
Communications, in order to amplify the Center's efforts and
avoid duplication.
(c) Coordinator.--The Secretary of State shall appoint a full-time
Coordinator to lead the Center.
(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 three years.
(2) Personal service contractors.--The Secretary of State
may exercise the authority provided under section 3161 of title
5, United States Code, to establish a program (referred to in
this subsection as the ``Program'') for hiring 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 under the Program,
including options, does not exceed three years, unless
the Secretary determines that exceptional circumstances
justify an extension of up to one additional year;
(C) not more than 20 United States citizens or
aliens are employed as personal services contractors
under the Program at any time; and
(D) the Program is only used to obtain specialized
skills or experience or to respond to urgent needs.
(e) Authorization of Appropriations.--Under ``Diplomatic and
Consular Programs'', for each of fiscal years 2017 and 2018,
$10,000,000 is authorized to be appropriated to the Department of State
and may remain available until expended to carry out the functions,
duties, and responsibilities of the Center.
(f) Information Access Fund.--
(1) Authority for grants.--The Center is authorized to
provide grants or contracts of financial support to civil
society groups, journalists, 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 government information
warfare with respect to disinformation, misinformation,
and propaganda.
(D) To support efforts by the Center to counter
efforts by foreign governments to use disinformation,
misinformation, and propaganda to influence the
policies and social and political stability of the
United States and United States allies and partners.
(2) Funding availability and limitations.--The Secretary of
State shall provide that each organization that applies to
receive funds under this subsection undergoes a vetting process
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) Limitation.--None of the funds authorized to be appropriated by
the Act to carry out this section shall be used for purposes other than
countering foreign propaganda and misinformation that threatens United
States national security.
(h) Termination of Center.--The Center shall terminate on the date
that is 5 years after the date of the enactment of this Act.
SEC. 1259D. ESTABLISHMENT OF THE BROADCASTING BOARD OF GOVERNORS CHIEF
EXECUTIVE OFFICER POSITION.
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. The President shall nominate the Chief Executive
Officer not later than 60 days after the date of the enactment
of this section. 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.--Immediately upon appointment of the Chief Executive Officer
under subsection (b), the Director of the International Broadcasting
Bureau shall be terminated, and all of the responsibilities,
authorities, and immunities of the Director or the Board under this or
any other Act or authority before the date of the enactment of this
section shall be transferred to and assumed or overseen by the Chief
Executive Officer, as head of the agency.
``(d) Members of the Broadcasting Board of Governors.--Members of
the Broadcasting Board of Governors in office as of the date of the
enactment of this section may serve the remainder of their terms of
office in an advisory capacity, but such terms may not be extended
beyond the date on which such terms are set to expire.
``(e) 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 board 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.''; and
(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 ``sections 308 and
309'' and inserting ``this Act, and on
behalf of other agencies,
accordingly'';
(iv) in paragraph (6), by striking
``subject to the limitations in sections 308
and 309 and'';
(v) in paragraph (11), by inserting ``not''
before ``subject'';
(vi) 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,''; and
(vii) 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, and the Middle East Broadcasting Networks on authority to
determine membership of their respective boards, and the
consolidation of such entities into a single grantee
organization.
``(21) To redirect funds within the scope of any grant or
cooperative agreement, or between grantees, as necessary, and
to condition grants or cooperative agreements, if appropriate,
on similar amendments as authorized under section 308(a) 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).
SEC. 1259E. 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) in section 306 (22 U.S.C. 6205)--
(A) in subsection (a)--
(i) by striking the heading; and
(ii) by striking ``Board'' each place it
appears and inserting ``Agency''; and
(B) by striking subsection (b);
(2) by striking section 307 (22 U.S.C. 6206); and
(3) by inserting after section 309 the following new
sections:
``SEC. 310. BROADCAST ENTITIES REPORTING TO CHIEF EXECUTIVE OFFICER.
``(a) Grantee Organizations.--Notwithstanding any other provision
of law, the following provisions shall apply:
``(1) Consolidation.--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), 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) 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
paragraph (1) 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 shall not be considered Federal employees. For
purposes of this subsection 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.
``(3) Leadership of grantee organizations.--Officers 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 the Chief Executive Officer of
the Agency.
``(b) Voice of America.--
``(1) Status as a federal entity.--The Chief Executive
Officer is authorized to establish an independent grantee
organization, as a private nonprofit organization, to carry out
all broadcasting and related programs currently performed by
the Voice of America. The Chief Executive Officer may make and
supervise grants or cooperative agreements to such grantee,
including under terms and conditions and in any manner
authorized under section 305(a). Such grantee shall not be
considered a Federal agency or instrumentality and shall adhere
to the same standards of professionalism and accountability
required of all Board broadcasters and grantees. The Board is
authorized to transfer any facilities or equipment to such
grantee, and to utilize the provisions of subchapter VI of
chapter 33 of title 5, United States Code.
``(2) Sense of congress.--It is the sense of the Congress
that the Voice of America, operating as a nonprofit
organization, should have the mission to--
``(A) serve as a consistently reliable and
authoritative source of news on the United States, its
policies, its people, and the international
developments that affect the United States;
``(B) provide accurate, objective, and
comprehensive information, with the understanding that
these three values provide credibility among global
news audiences;
``(C) present the official policies of the United
States, and related discussions and opinions about
those policies, clearly and effectively; and
``(D) represent the whole of the United States, and
shall accordingly work to produce programming and
content that presents a balanced and comprehensive
projection of the diversity of thought and institutions
of the United States.
``SEC. 311. 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 and the International
Broadcasting Bureau as the Inspector General exercises under the
Inspector General Act of 1978 and section 209 of the Foreign Service
Act of 1980 with respect to the Department of State.
``(b) Respect for Journalistic Integrity of Broadcasters.--The
Inspector General shall respect the journalistic integrity of all the
broadcasters covered by this title and may not evaluate the
philosophical or political perspectives reflected in the content of
broadcasts.''.
SEC. 1259F. REDESIGNATION AND ENHANCEMENT OF SOUTH CHINA SEA
INITIATIVE.
(a) Sense of Congress.--It is the sense of the Congress that the
United States should continue supporting the efforts to the Southeast
Asian nations to strengthen their maritime security capacity, domain
awareness, and integration of their capabilities.
(b) 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'''.
(c) Conforming Amendment.--The heading of such section is amended
to read as follows:
``SEC. 1263. SOUTHEAST ASIA MARITIME SECURITY INITIATIVE.''.
SEC. 1259G. OPPORTUNITIES TO EQUIP CERTAIN FOREIGN MILITARY ENTITIES.
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 and the Secretary of State, shall submit to
Congress a report that describes--
(1) efforts to make United States manufacturers aware of
opportunities to equip foreign military entities that have been
approved to receive assistance from the United States; and
(2) any new plans or strategies to raise United States
manufacturers' awareness with respect to such opportunities.
SEC. 1259H. 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 by the Russian Federation of the Treaty;
(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 violation 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 by the Russian Federation of the
Treaty, and a judgment of whether Russia intends to
take the steps required to establish verifiable
evidence that Russia 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 Russia's violation of the Treaty.
(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 and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Foreign Relations 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.
SEC. 1259I. SENSE OF CONGRESS REGARDING THE ROLE OF THE UNITED STATES
IN THE NORTH ATLANTIC TREATY ORGANIZATION.
It is the sense of Congress that continued United States leadership
in the North Atlantic Treaty Organization is critical to the national
security of the United States.
SEC. 1259J. AUTHORIZATION OF UNITED STATES ASSISTANCE TO ISRAEL.
(a) In General.--The President is authorized to provide assistance
to Israel to improve maritime security and maritime domain awareness.
(b) Activities Supported.--Activities that may be supported by
assistance under subsection (a) include the following:
(1) Procurement, maintenance, and sustainment of the
David's Sling Weapon System for purposes of intercepting short-
range missiles.
(2) Payment of incremental expenses of Israel that are
incurred by Israel as the direct result of participation in a
bilateral or multilateral exercise of the United States Navy or
Coast Guard.
(3) Visits of United States naval vessels at ports of
Israel.
(4) Conduct of joint research and development for advanced
maritime domain awareness capabilities.
(c) Sunset.--This section shall terminate on the date that is 5
years after the date of the enactment of this Act.
SEC. 1259K. SENSE OF CONGRESS IN SUPPORT OF A DENUCLEARIZED KOREAN
PENINSULA.
It is the sense of Congress that United States foreign policy
should support a denuclearized Korean peninsula.
SEC. 1259L. MEASURES AGAINST PERSONS INVOLVED IN ACTIVITIES THAT
VIOLATE ARMS CONTROL TREATIES OR AGREEMENTS WITH THE
UNITED STATES.
(a) Imposition of Measures.--
(1) In general.--Except as provided in subsection (c), on
and after the date that is 90 days after the date of the
enactment of this Act, the President shall impose the measures
described in subsection (b) with respect to--
(A) a person the President determines--
(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); and
(B) a person the President determines has provided
material support to a person described in subparagraph
(A).
(2) Country described.--A country described in this
paragraph is a country that the President or the Secretary of
State has determined, in the most recent annual report
submitted to Congress pursuant to section 403 of the Arms
Control and Disarmament Act (22 U.S.C. 2593a), 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.
(b) Measures Described.--
(1) In general.--The measures to be imposed with respect to
a person under subsection (a) 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).
(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).
(4) United states person defined.--In this subsection, the
term ``United States person'' means--
(A) a natural person who is a citizen or resident
of the United States or a national of the United States
(as defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)); and
(B) an entity that is organized under the laws of
the United States or any State.
(c) Waiver.--
(1) In general.--The President may waive the application of
measures on a case-by-case basis under subsection (a) 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; or
(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
(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.
(3) Appropriate congressional committees defined.--In this
subsection, 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.
(d) Termination.--The measures imposed with respect to a person
under subsection (a) 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 (22 U.S.C. 2593a) 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.
SEC. 1259M. DEPARTMENT OF DEFENSE REPORT ON COOPERATION BETWEEN IRAN
AND THE RUSSIAN FEDERATION.
(a) Report Required.--The Secretary of Defense and the Secretary of
State shall jointly submit to Congress a report on cooperation between
Iran and the Russian Federation and how and to what extent such
cooperation affects United States national security and strategic
interests.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) How and to what extent Iran and the Russian Federation
cooperate on matters relating to Iran's space program,
including how and to what extent such cooperation strengthens
Iran's ballistic missile program.
(2) How and to what extent Iran's interests and actions and
the Russian Federation's interests and actions overlap with
respect to Latin America.
(3) A description and analysis of the intelligence-sharing
center established by Iran, the Russian Federation, and Syria
in Baghdad, Iraq and whether such center is being used for
purposes other than the purposes of the joint mission of such
countries in Syria.
(4) A description and analysis of--
(A) naval cooperation between Iran and the Russian
Federation, including joint naval exercises between the
two countries; and
(B) the implications of--
(i) an increased Russian Federation naval
presence in the Eastern Mediterranean; and
(ii) an Iranian naval presence in the
Persian Gulf.
(5) A description of the increased cooperation between Iran
and the Russian Federation since the start of the current
conflict in Syria.
(6) The steps Iran has taken to adopt the Russian
Federation model of hybrid warfare against potential targets
such as Gulf Cooperation Council states with sizeable Shiite
populations.
(7) The extent of Russian Federation cooperation with
Hezbollah in Syria, Lebanon, and Iraq, including cooperation
with respect to training and equipping and joint operations.
(8) A description of the weapons that have been provided by
the Russian Federation to Iran that have violated relevant
United Nations Security Council resolutions imposing an arms
embargo on Iran.
(c) Submission Period.--The report required by subsection (a) shall
be submitted not later than 120 days after the date of the enactment of
this Act, and annually thereafter, for such period of time as the Joint
Comprehensive Plan of Act remains in effect.
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex.
SEC. 1259N. REPORT ON MAINTENANCE BY ISRAEL OF A ROBUST INDEPENDENT
CAPABILITY TO REMOVE EXISTENTIAL SECURITY THREATS.
(a) Findings.--Congress makes the following findings:
(1) The United States-Israel Enhanced Security Cooperation
Act of 2012 (22 U.S.C. 8601 et seq.) established the policy of
the United States to support the inherent right of Israel to
self-defense.
(2) The United States-Israel Enhanced Security Cooperation
Act of 2012 expresses the sense of Congress that the Government
of the United States should transfer to the Government of
Israel defense articles and defense services.
(3) The inherent right of Israel to self-defense
necessarily includes the ability to defend against threats to
its security and defend its vital national interests.
(b) Sense of Congress.--It is the sense of Congress that Israel
should be able to defend its vital national interests and protect its
territory and population against existential threats.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
specified congressional committees a report that--
(A) identifies defensive capabilities and platforms
requested by the Government of Israel that would
contribute to maintenance of Israel's defensive
capability against threats to its territory and
population, including nuclear and ballistic missile
facilities in Iran, and defend its vital national
interests;
(B) assesses the availability for sale or transfer
of items requested by the Government of Israel to
maintain the capability described in subparagraph (A),
including the legal authorities available for making
such transfers; and
(C) describes what steps the President is taking to
transfer the items described in subparagraph (B) for
Israel to maintain the capability described in
subparagraph (A).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex if necessary.
(3) Definition.--In this subsection, the term ``specified
congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the
Senate and the Committee of Foreign Affairs of the
House of Representatives.
SEC. 1259O. REPORT ON USE BY THE GOVERNMENT OF IRAN OF COMMERCIAL
AIRCRAFT AND RELATED SERVICES FOR ILLICIT MILITARY OR
OTHER ACTIVITIES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the President, in
consultation with the Secretary of Defense and the Secretary of State,
shall 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 use by the Government of
Iran of commercial aircraft and related services for illicit military
or other activities during the 5-year period ending of such date of
enactment.
(b) Elements of Report.--The report required under subsection (a)
shall include a description of the extent to which--
(1) the Government of Iran has used commercial aircraft or
related services to transport illicit cargo to or from Iran,
including military goods, weapons, military personnel,
military-related electronic parts and mechanical equipment, and
rocket or missile components;
(2) the commercial aviation 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 the
activities described in paragraph (1), including allowing the
use of airports, services, or other resources.
SEC. 1259P. AUTHORITY TO GRANT OBSERVER STATUS TO THE MILITARY FORCES
OF TAIWAN AT RIMPAC EXERCISES.
(a) In General.--The Secretary of Defense is authorized to grant
observer status to the military forces of Taiwan in any maritime
exercise known as the Rim of the Pacific Exercise.
(b) Effective Date.--This section takes effect on the date of the
enactment of this Act and applies with respect to any maritime exercise
described in subsection (a) that begins on or after such date of
enactment.
SEC. 1259Q. AGREEMENTS WITH FOREIGN GOVERNMENTS TO DEVELOP LAND-BASED
WATER RESOURCES IN SUPPORT OF AND IN PREPARATION FOR
CONTINGENCY OPERATIONS.
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.
SEC. 1259R. EXTENSION OF REPORTING REQUIREMENTS ON THE USE OF CERTAIN
IRANIAN SEAPORTS BY FOREIGN VESSELS AND USE OF FOREIGN
AIRPORTS BY SANCTIONED IRANIAN AIR CARRIERS.
Section 1252(a) of the National Defense Authorization Act for
Fiscal Year 2013 (22 U.S.C. 8808(a)) is amended in the matter preceding
paragraph (1) by striking ``2016'' and inserting ``2019''.
SEC. 1259S. NOTIFICATION AND ASSESSMENT OF BALLISTIC MISSILE LAUNCH BY
IRAN.
(a) Notification.--The President shall notify Congress within 48
hours of a suspected ballistic missile launch, including a test, by
Iran based on credible information indicating that such a launch took
place.
(b) Assessment.--
(1) In general.--The President shall initiate an assessment
within 48 hours of providing the notification described in
subsection (a) to determine whether a missile launch, including
a test, described in subsection (a) took place.
(2) Determination and notification.--Not later than 15 days
after the date on which an assessment is initiated under
paragraph (1), the President shall determine whether Iran
engaged in a launch described in subsection (a) and shall
notify Congress of the basis for any such determination.
(3) Affirmative determination.--If the President determines
under paragraph (2) that a launch described in subsection (a)
took place, the President shall further notify Congress of the
following:
(A) An identification of entities involved in the
launch.
(B) A description of steps the President will take
in response to the launch, including--
(i) imposing unilateral sanctions pursuant
to Executive Order 13382 (2005) or other
relevant authorities against such entities; or
(ii) carrying out diplomatic efforts to
impose multilateral sanctions against such
entities, including through adoption of a
United Nations Security Council resolution.
SEC. 1259T. SENSE OF CONGRESS ON INTEGRATED BALLISTIC MISSILE DEFENSE
SYSTEM FOR GCC PARTNER COUNTRIES, JORDAN, EGYPT, AND
ISRAEL.
(a) Findings.--Congress finds that--
(1) Iran has conducted numerous ballistic missile tests;
and
(2) such tests are in violation of United Nations Security
Council Resolution 2231 and unnecessarily provoke Gulf
Cooperation Council (GCC) partner countries and threaten
Israel.
(b) Sense of Congress.--It is the sense of Congress that the United
States should encourage and enable as appropriate an integrated
ballistic missile defense system that links GCC partner countries,
Jordan, Egypt, and Israel in order assist in preventing an attack by
Iran against such countries.
SEC. 1259U. AUTHORITY TO PROVIDE ASSISTANCE AND TRAINING TO INCREASE
MARITIME SECURITY AND DOMAIN AWARENESS OF FOREIGN
COUNTRIES BORDERING THE PERSIAN GULF, ARABIAN SEA, OR
MEDITERRANEAN SEA.
(a) Purpose.--The purpose of this section is to 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.
(b) Authority.--
(1) In general.--To carry out the purpose of this section
as described in subsection (a), the Secretary of Defense, with
the concurrence of the Secretary of State, is authorized--
(A) to provide training to the national military or
other security forces of Israel, Bahrain, Saudi Arabia,
the United Arab Emirates, Oman, Kuwait, and Qatar that
have among their functional responsibilities maritime
security missions; and
(B) to provide training to ministry, agency, and
headquarters level organizations for such forces.
(2) Designation.--The provision of assistance and training
under this section may be referred to as the ``Counter Iran
Maritime Initiative''.
(c) Types of Training.--
(1) Authorized elements of training.--Training provided
under subsection (b)(1)(A) may include the provision of de
minimis equipment, supplies, and small-scale military
construction.
(2) Required elements of training.--Training provided under
subsection (b) shall include elements that promote the
following:
(A) Observance of and respect for human rights and
fundamental freedoms.
(B) Respect for legitimate civilian authority
within the country to which the assistance is provided.
(d) Availability of Funds.--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, $50,000,000 shall be available only
for the provision of assistance and training under subsection (b).
(e) Cost Sharing.--
(1) Sense of congress.--It is the sense of Congress that,
given income parity among recipient countries, the Secretary of
Defense, with the concurrence of the Secretary of State, should
seek, through appropriate bilateral and multilateral
arrangements, payments sufficient in amount to offset any
training costs associated with implementation of subsection
(b).
(2) Cost-sharing agreement.--The Secretary of Defense, with
the concurrence of the Secretary of State, shall negotiate a
cost-sharing agreement with a recipient country regarding the
cost of any training provided pursuant to section (b). The
agreement shall set forth the terms of cost sharing that the
Secretary of Defense determines are necessary and appropriate,
but such terms shall not be less than 50 percent of the overall
cost of the training.
(3) Credit to appropriations.--The portion of such cost-
sharing received by the Secretary of Defense pursuant to this
subsection may be credited towards appropriations available for
operation and maintenance for Defense-wide activities as
specified in the funding table in section 4301.
(f) Notice to Congress on Training.--Not later than 15 days before
exercising the authority under subsection (b) with respect to a
recipient country, the Secretary of Defense shall submit to the
appropriate congressional committees a notification containing the
following:
(1) An identification of the recipient country.
(2) A detailed justification of the program for the
provision of the training concerned, and its relationship to
United States security interests.
(3) The budget for the program, including a timetable of
planned expenditures of funds to implement the program, an
implementation time-line for the program with milestones
(including anticipated delivery schedules for any assistance
and training under the program), the military department or
component responsible for management of the program, and the
anticipated completion date for the program.
(4) A description of the arrangements, if any, to support
recipient country sustainment of any capability developed
pursuant to the program, and the source of funds to support
sustainment efforts and performance outcomes to be achieved
under the program beyond its completion date, if applicable.
(5) A description of the program objectives and an
assessment framework to be used to develop capability and
performance metrics associated with operational outcomes for
the recipient force.
(6) Such other matters as the Secretary considers
appropriate.
(g) Definition.--In this section, the term ``appropriate
congressional committees'' 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.
(h) Termination.--Assistance and training may not be provided under
this section after September 30, 2020.
SEC. 1259V. SENSE OF CONGRESS ON MILITARY RELATIONS BETWEEN VIETNAM AND
THE UNITED STATES.
(a) Findings.--Congress finds the following:
(1) The United States and Vietnam signed a Joint Vision
Statement on Defense Relations on June 1, 2015.
(2) In October 2014, the Administration partially relaxed
United States restrictions on the transfer of lethal weapons to
Vietnam.
(3) In 2014, the United States provided $18,000,000 in
maritime security assistance to Vietnam.
(4) According to Reporters Without Borders, Vietnam ranks
175 out of 180 countries in press freedom, as the Government of
Vietnam continues to persecute citizens for practicing the
freedom of speech and expression.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should review its policy
on the transfer of lethal weapons to Vietnam; and
(2) the United States Government should evaluate certain
human rights benchmarks when providing military assistance to
Vietnam.
SEC. 1259W. REPORT ON EFFORTS TO COMBAT BOKO HARAM IN NIGERIA AND THE
LAKE CHAD BASIN.
(a) Sense of Congress.--Congress--
(1) strongly condemns the ongoing violence and the
systematic gross human rights violations against the people of
Nigeria and the Lake Chad Basin carried out by Boko Haram;
(2) expresses its support for the people of Nigeria and the
Lake Chad Basin who wish to live in a peaceful, economically
prosperous, and democratic region; and
(3) calls on the President to support Nigerian, Lake Chad
Basin, and International Community efforts to ensure
accountability for crimes against humanity committed by Boko
Haram against the people of Nigeria and the Lake Chad Basin,
particularly young girls kidnapped from Chibok and other
internally displaced persons affected by the actions of Boko
Haram.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, the
Secretary of State, and the Attorney General shall jointly
submit to Congress a report on efforts to combat Boko Haram in
Nigeria and the Lake Chad Basin.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of initiatives undertaken by the
Department of Defense to assist the Government of
Nigeria and countries in the Lake Chad Basin to develop
capacities to deploy special forces to combat Boko
Haram.
(B) A description of United States' activities to
enhance the capacity of Nigeria and countries in the
Lake Chad Basin to investigate and prosecute human
rights violations perpetrated against the people of
Nigeria and the Lake Chad Basin by Boko Haram, al-Qaeda
affiliates, and other terrorist organizations to
promote respect for rule of law in Nigeria and the Lake
Chad Basin.
Subtitle F--Codification and Consolidation of Department of Defense
Security Cooperation Authorities
SEC. 1261. ENACTMENT OF NEW CHAPTER FOR DEPARTMENT OF DEFENSE SECURITY
COOPERATION AUTHORITIES AND TRANSFER OF CERTAIN
AUTHORITIES TO NEW CHAPTER.
(a) Statutory Codification.--Chapter 11 of part I of subtitle A of
title 10, United States Code, is amended to read as follows:
``CHAPTER 11--SECURITY COOPERATION
``subchapter i--general matters
``Sec.
``251. Definitions.
``252. Annual report on programs carried out by the Department of
Defense to provide training, equipment, or
other assistance or reimbursement to
foreign security forces.
``subchapter ii--military-to-military engagements
``256. Authority for non-reciprocal exchanges of defense personnel
between the United States and foreign
countries.
``257. Bilateral or regional cooperation programs: awards and mementos
to recognize superior noncombat
achievements or performance.
``subchapter iii--training with foreign forces
``263. Participation of developing countries in combined exercises:
payment of incremental expenses.
``subchapter iv--support for operations and capacity building
``271. Allied forces participating in combined operations: authority to
provide logistic support, supplies, and
services.
``272. Authority to build the capacity of foreign security forces.
``273. Friendly foreign countries; international and regional
organizations: defense institution capacity
building.
``subchapter v--educational and training activities
``281. Regional Centers for Security Studies.
``282. Western Hemisphere Institute for Security Cooperation.
``283. Participation in multinational military centers of excellence.
``284. Distribution to certain foreign personnel of education and
training materials and information
technology to enhance military
interoperability with the armed forces.
``285. Aviation Leadership Program.
``286. Inter-American Air Forces Academy.
``287. Inter-European Air Forces Academy.
``subchapter vi--limitations on use of department of defense funds
``293. Prohibition on providing financial assistance to terrorist
countries.
``294. Prohibition on use of funds for assistance to units of foreign
security forces that have committed a gross
violation of human rights.
``Subchapter I--General Matters
``SEC. 251. DEFINITIONS.
``In this chapter:
``(1) The terms `appropriate congressional committees' and
`appropriate committees of Congress' mean the following:
``(A) The congressional defense committees.
``(B) The Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
``(2) The term `small-scale construction' means, with
respect to a project, construction at a total cost not to
exceed $750,000 for the project.
``Subchapter II--Military-to-Military Engagements
``Subchapter III--Training With Foreign Forces
``Subchapter IV--Support for Operations and Capacity Building
``Subchapter V--Educational and Training Activities
``Subchapter VI--Limitations on Use of Department of Defense Funds''.
(b) Codification of Section 1207 of FY 2010 NDAA.--
(1) Codification.--Chapter 11 of title 10, United States
Code, as amended by subsection (a), is further amended by
inserting after the heading of subchapter II a new section 256
consisting of--
(A) a heading as follows:
``Sec. 256. Authority for non-reciprocal exchanges of defense personnel
between the United States and foreign countries''; and
(B) a text consisting of the text of section 1207
of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 10 U.S.C. 168 note).
(2) Repeal of reporting requirement.--Section 256 of title
10, United States Code, as added by paragraph (1), is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e).
(3) Conforming repeal.--Section 1207 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 10 U.S.C. 168 note) is repealed.
(c) Transfer of Section 1051b.--Section 1051b of title 10, United
States Code, is transferred to chapter 11 of such title, as amended by
subsection (a), inserted after section 256, as inserted by subsection
(b), and redesignated as section 257.
(d) Transfer of Section 2010.--Section 2010 of title 10, United
States Code, is transferred to chapter 11 of such title, as amended by
subsection (a), inserted after the heading of subchapter III, and
redesignated as section 263.
(e) Transfer of Section 127d.--Section 127d of title 10, United
States Code, is transferred to chapter 11 of such title, as amended by
subsection (a), inserted after the heading of subchapter IV, and
redesignated as section 271.
(f) Transfer of Section 2282.--Section 2282 of title 10, United
States Code, is transferred to chapter 11 of such title, as amended by
subsection (a), inserted after section 271, as transferred and
redesignated by subsection (e), and redesignated as section 272.
(g) Codification of Section 1081 of FY 2012 NDAA.--
(1) Codification.--Chapter 11 of title 10, United States
Code, as amended by subsection (a), is amended by inserting
after section 272, as transferred and redesignated by
subsection (f), a new section 273 consisting of--
(A) a heading as follows:
``Sec. 273. Friendly foreign countries; international and regional
organizations: defense institution capacity building'';
and
(B) a text consisting of the text of subsections
(a) through (d) of section 1081 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 10 U.S.C. 168 note).
(2) Extension of authority.--Subsection (c)(1) of section
273 of title 10, United States Code, as added by paragraph (1),
is amended by striking ``at the close of December 31, 2017''
and inserting ``on December 31, 2019''.
(3) Conforming repeal.--Section 1081 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 10 U.S.C. 168 note) is repealed.
(h) Transfer of Section 184 and Codification of Related
Provisions.--
(1) Transfer.--Section 184 of title 10, United States Code,
is transferred to chapter 11 of title 10, United States Code,
as amended by subsection (a), inserted after the heading of
subchapter V, and redesignated as section 281.
(2) Codification of reimbursement-related provisions.--
Subsection (f)(3) of section 281 of title 10, United States
Code, as transferred and redesignated by paragraph (1), is
amended--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new
subparagraph:
``(B)(i) In fiscal years 2017 through 2019, 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 Regional Centers under this section 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 interests 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.''.
(3) Codification of provisions relating to specific
centers.--Section 281 of title 10, United States Code, as
transferred and redesignated by paragraph (1), is 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 European 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 Asia-Pacific 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) Conforming repeals.--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; 10 U.S.C. 113 note).
(D) Section 8073 of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248; 10 U.S.C.
prec. 2161 note).
(i) Transfer of Section 2166.--
(1) Transfer.--Section 2166 of title 10, United States
Code, is transferred to chapter 11 of such title, as amended by
subsection (a), inserted after section 281, as transferred,
redesignated, and amended by subsection (h), and redesignated
as section 282.
(2) Stylistic amendments.--Section 282 of title 10, United
States Code, as transferred and redesignated by paragraph (1),
is amended by striking ``nations'' each place it appears in
subsections (b) and (c) and inserting ``countries''.
(3) Cross-reference.--Section 2612(a) of title 10, United
States Code, is amended by striking ``section 2166(f)(4)'' and
inserting ``section 282(f)(4)''.
(j) Transfer of Section 2350m.--Section 2350m of title 10, United
States Code, is transferred to chapter 11 of such title, as amended by
subsection (a), inserted after section 282, as transferred and
redesignated by subsection (i), and redesignated as section 283.
(k) Transfer of Section 2249d.--
(1) Transfer.--Section 2249d of title 10, United States
Code, is transferred to chapter 11 of such title, as amended by
subsection (a), inserted after section 283, as transferred and
redesignated by subsection (j), and redesignated as section
284.
(2) Stylistic amendments.--Section 284 of title 10, United
States Code, as transferred and redesignated by paragraph (1),
is amended--
(A) by striking ``nations'' in subsections (a) and
(d) and inserting ``countries''; and
(B) by striking subsection (g).
(l) Consolidation of Chapter 905 and Sections 9381, 9382, and
9383.--
(1) Consolidation.--Chapter 11 of title 10, United States
Code, as amended by subsection (a), is further amended by
inserting after section 284, as transferred and redesignated by
subsection (k), the following new section:
``Sec. 285. Aviation leadership program
``(a) Establishment of Program.--Under regulations prescribed by
the Secretary of Defense, the Secretary of the Air Force may establish
and maintain 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 of the Air Force 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 title 10, United
States Code, is repealed.
(m) Transfer of Section 9415.--Section 9415 of title 10, United
States Code, is transferred to chapter 11 of such title, as amended by
subsection (a), inserted after section 285, as added by subsection (l),
and redesignated as section 286.
(n) Codification of Section 1268 of FY 2015 NDAA.--
(1) Codification.--Chapter 11 of title 10, United States
Code, as amended by subsection (a), is further amended by
inserting after section 286, as transferred and redesignated by
subsection (m), a new section 287 consisting of--
(A) a heading as follows:
``Sec. 287. Inter-European Air Forces Academy''; and
(B) a text consisting of the text of section 1268
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. 9411 note).
(2) Repeal of reporting requirement.--Section 287 of title
10, United States Code, as added by paragraph (1), is amended--
(A) by striking subsection (g); and
(B) by redesignating subsection (h) as subsection
(g).
(3) Conforming repeal.--Section 1268 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. 9411 note)
is repealed.
(o) Transfer of Sections 2249a and 2249e.--
(1) Transfer.--Sections 2249a and 2249e of title 10, United
States Code, are transferred to chapter 11 of such title, as
amended by subsection (a), inserted after the heading of
subchapter VI, and redesignated as sections 293 and 294,
respectively.
(2) Conforming amendment.--Section 294 of title 10, United
States Code, as transferred and redesignated by paragraph (1),
is amended by striking subsection (f).
(3) Cross-reference.--Section 1204(b) of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3533; 10
U.S.C. 2249e note) is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``section 2249e of title 10, United States Code
(as added by subsection (a))'' and inserting
``section 294 of title 10, United States
Code''; and
(ii) in subparagraphs (D) and (E), by
striking ``section 2249e of title 10, United
States Code (as so added)'' and inserting
``section 294 of such title''; and
(B) in paragraph (3), by striking ``subsection (f)
of section 2249e of title 10, United States Code (as so
added)'' and inserting ``section 251(1) of such
title''.
(p) 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 by
striking the item relating to chapter 11 and inserting the
following new item:
``11. Security cooperation.................................. 251''.
(2) The table of sections at the beginning of chapter 3 is
amended by striking the item relating to section 127d.
(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 101
is amended by striking the item relating to section 2010.
(6) The table of sections at the beginning of chapter 108
is amended by striking the item relating to section 2166.
(7) 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.
(8) The table of sections at the beginning of chapter 136
is amended by striking the item relating to section 2282.
(9) The table of sections at the beginning of subchapter II
of chapter 138 is amended by striking the item relating to
section 2350m.
(10) 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.
(11) The table of sections at the beginning of chapter 907
is amended by striking the item relating to section 9415.
SEC. 1262. ENHANCING DEFENSE AND SECURITY COOPERATION WITH INDIA.
(a) Required Actions.--
(1) In general.--The Secretary of Defense and Secretary of
State shall 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 the Indian military for missions such as
humanitarian assistance and disaster relief, counter
piracy, and maritime domain awareness missions;
(D) strengthen the effectiveness of the DTTI 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 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-
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) Military Planning.--The Secretary of Defense is encouraged to
coordinate with the Ministry of Defense for the Government of India to
develop combined military plans for missions such as humanitarian
assistance and disaster relief, maritime domain awareness, and other
missions in the national security interests of both countries.
(c) Assessment Required.--
(1) In general.--The Secretary of Defense and Secretary of
State shall jointly, on an annual basis, conduct an assessment
of the extent to which India possesses strategic operational
capabilities to support military operations of mutual interest
between the United States and India.
(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 sales of defense articles and
services to the Government of India.
(3) Form.--The assessment described in paragraph (1) shall,
to the maximum extent practicable, be in classified form.
TITLE XIII--COOPERATIVE THREAT REDUCTION
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.
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) Quarterly 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 quarterly installments.
``(b) Quarterly Certifications.--
``(1) Limitation.--The Secretary of Defense may not
obligate or expend any Cooperative Threat Reduction funds for
activities in the People's Republic of China during a quarter
unless the Secretary submits to the congressional defense
committees and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate the certification under paragraph (2) with respect to
such quarter.
``(2) Submission.--On a quarterly basis, the Secretary
shall submit to the committees specified in paragraph (1) a
certification, made in concurrence with the Secretary of State,
of the following:
``(A) 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) China has not 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.
``(3) Coverage.--The first notification made under
paragraph (2) shall cover the preceding 12-month period before
the date of such notification. Each subsequent notification
shall cover the quarter preceding the date of such
notification.''.
TITLE XIV--OTHER AUTHORIZATIONS
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. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the National Defense Sealift Fund, as specified in the funding
table in section 4501.
SEC. 1403. 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. 1404. 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. 1405. 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. 1406. 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.
SEC. 1407. NATIONAL SEA-BASED DETERRENCE FUND.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the National Sea-Based Deterrence Fund as specified in the funding
table in section 4501.
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. REVISIONS TO THE STRATEGIC AND CRITICAL MATERIALS STOCK
PILING ACT.
(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 to 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) by striking ``and'' 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 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 emergencies 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 those materials would otherwise be insufficient
to support defense and essential civilian industries in times
of national emergencies.''.
Subtitle C--Other Matters
SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH
CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated for section 506 and available for the Defense Health
Program for operation and maintenance, $122,375,000 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. 1422. 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.
(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.
(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 operation and maintenance, as
specified in--
(1) the funding table in section 4302, or
(2) the funding table in section 4303.
(b) Period of Availability.--Amounts specified in the funding table
in section 4302 shall remain available for obligation only until April
30, 2017, at a rate for operations as provided in the Department of
Defense Appropriations Act, 2016 (division C of Public Law 114-113).
(c) Condition on Use of Funds for Syria Train and Equip Programs.--
Amounts authorized to be appropriated by this section for the Syria
Train and Equip programs, as specified in the funding table in section
4302, may not be provided to any recipient that the Secretary of
Defense has reported, pursuant to a quarterly progress report submitted
pursuant to section 1209 of the National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3541), as having
misused provided training and equipment.
SEC. 1505. 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--
(1) the funding table in section 4402; or
(2) the funding table in section 4403.
(b) Period of Availability.--Amounts specified in the funding table
in section 4402 shall remain available for obligation only until April
30, 2017, at a rate for operations as provided in the Department of
Defense Appropriations Act, 2016 (division C of Public Law 114-113).
SEC. 1506. WORKING CAPITAL FUNDS.
(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
providing capital for working capital and revolving funds, as specified
in the funding table in section 4502.
(b) Period of Availability.--Amounts specified in the funding table
in section 4502 for providing capital for working capital and revolving
funds shall remain available for obligation only until April 30, 2017,
at a rate for operations as provided in the Department of Defense
Appropriations Act, 2016 (division C of Public Law 114-113).
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.
(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 the Defense Health
Program, as specified in the funding table in section 4502.
(b) Period of Availability.--Amounts specified in the funding table
in section 4502 for the Defense Health Program shall remain available
for obligation only until April 30, 2017, at a rate for operations as
provided in the Department of Defense Appropriations Act, 2016
(division C of Public Law 114-113).
SEC. 1510. COUNTERTERRORISM PARTNERSHIPS FUND.
(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 the Counterterrorism
Partnerships Fund, as specified in the funding table in section 4502.
(b) Duration of Availability.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available for obligation through September 30, 2018.
Subtitle B--Financial Matters
SEC. 1521. 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. 1522. 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 $4,500,000,000.
(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.
SEC. 1523. CODIFICATION OF OFFICE OF MANAGEMENT AND BUDGET CRITERIA.
The Secretary of Defense shall implement the following criteria in
requests for overseas contingency operations:
(1) Geographic Area Covered - For theater of operations for
non-classified war overseas contingency operations funding, the
geographic areas in which combat or direct combat support
operations occur are: Iraq, Afghanistan, Pakistan, Kazakhstan,
Tajikistan, Kyrhyzstan, the Horn of Africa, Persian Gulf and
Gulf nations, Arabian Sea, the Indian Ocean, the Philippines,
and other countries on a case-by-case basis.
(2) Permitted Inclusions in the Overseas Contingency
Operation Budget
(A) Major Equipment
(i) Replacement of loses that have occurred
but only for items not already programmed for
replacement in the Future Years Defense Plan
(FYDP), but not including accelerations, which
must be made in the base budget.
(ii) Replacement or repair to original
capability (to upgraded capability if that is
currently available) of equipment returning
from theater. The replacement may be a similar
end item if the original item is no longer in
production. Incremental cost of non-war related
upgrades, if made, should be included in the
base.
(iii) Purchase of specialized, theater-
specific equipment.
(iv) Funding for major equipment must be
obligated within 12 months.
(B) Ground Equipment Replacement
(i) For combat losses and returning
equipment that is not economical to repair, the
replacement of equipment may be given to
coalition partners, if consistent with approved
policy.
(ii) In-theater stocks above customary
equipping levels on a case-by-case basis.
(C) Equipment Modifications
(i) Operationally-required modifications to
equipment used in theater or in direct support
of combat operations and that is not already
programmed in FYDP.
(ii) Funding for equipment modifications
must be able be obligated in 12 months.
(D) Munitions
(i) Replenishment of munitions expended in
combat operations in theater.
(ii) Training ammunition for theater-unique
training events.
(iii) While forecasted expenditures are not
permitted, a case-by-case assessment for
munitions where existing stocks are
insufficient to sustain theater combat
operations.
(E) Aircraft Replacement
(i) Combat losses by accident that occur in
the theater of operations.
(ii) Combat losses by enemy action that
occur in the theater of operations.
(F) Military Construction
(i) Facilities and infrastructure in the
theater of operations in direct support of
combat operations. The level of construction
should be the minimum to meet operational
requirements.
(ii) At non-enduring locations, facilities
and infrastructure for temporary use.
(iii) At enduring locations, facilities and
infrastructure for temporary use.
(iv) At enduring locations, construction
requirements must be tied to surge operations
or major changes in operational requirements
and will be considered on a case-by-case basis.
(G) Research and development projects for combat
operations in these specific theaters that can be
delivered in 12 months.
(H) Operations
(i) Direct War costs:
(I) Transport of personnel,
equipment, and supplies to, from and
within the theater of operations.
(II) Deployment-specific training
and preparation for unites and
personnel (military and civilian) to
assume their directed missions as
defined in the orders for deployment
into the theater of operations.
(ii) Within the theater, the incremental
costs above the funding programmed in the base
budget to:
(I) Support commanders in the
conduct of their directed missions (to
include Emergency Response Programs).
(II) Build and maintain temporary
facilities.
(III) Provide food, fuel, supplies,
contracted services and other support.
(IV) Cover the operational costs of
coalition partners supporting US
military missions, as mutually agreed.
(iii) Indirect war costs incurred outside
the theater of operations will be evaluated on
a case-by-case basis.
(I) Health
(i) Short-term care directly related to
combat.
(ii) Infrastructure that is only to be used
during the current conflict.
(J) Personnel
(i) Incremental special pays and allowances
for Service members and civilians deployed to a
combat zone.
(ii) Incremental pay, special pays and
allowances for Reserve Component personnel
mobilized to support war missions.
(K) Special Operations Command
(i) Operations that meet the criteria in
this guidance.
(ii) Equipment that meets the criteria in
this guidance.
(L) Prepositioned Supplies and
equipment for resetting in-theater
stocks of supplies and equipment to
pre-war levels.
(M) Security force funding to train, equip, and
sustain Iraqi and Afghan military and police forces.
(N) Fuel
(i) War fuel costs and funding to ensure
that logistical support to combat operations is
not degraded due to cash losses in the
Department of Defense's baseline fuel program.
(ii) Enough of any base fuel shortfall
attributable to fuel price increases to
maintain sufficient on-hand cash for the
Defense Working Capital Funds to cover seven
days disbursements.
(3) Excluded items from Overseas Contingency Funding that
must be funded from the base budget
(A) Training vehicles, aircraft, ammunition, and
simulators, but not training base stocks of
specialized, theater-specific equipment that is
required to support combat operations in the theater of
operations, and support to deployment-specific training
described above.
(B) Acceleration of equipment service life
extension programs already in the Future Years Defense
Plan.
(C) Base Realignment and Closure projects.
(D) Family support initiatives
(i) Construction of childcare facilities.
(ii) Funding for private-public
partisanships to expand military families'
access to childcare.
(iii) Support for service members' spouses
professional development.
(E) Programs to maintain industrial base capacity
including ``war-stoppers.''
(F) Personnel
(i) Recruiting and retention bonuses to
maintain end-strength.
(ii) Basic Pay and the Basic allowances for
Housing and Subsistence for permanently
authorized end strength.
(iii) Individual augmentees on a case-by-
case basis.
(G) Support for the personnel, operations, or the
construction or maintenance of facilities, at U.S.
Offices of Security Cooperation in theater.
(H) Costs for reconfiguring prepositioned supplies
and equipment or for maintaining them.
(4) Special Situations - Items proposed for increases in
reprogrammings or as payback for prior reprogrammings must meet
the criteria above.
Subtitle C--Limitations, Reports, and Other Matters
SEC. 1531. AFGHANISTAN SECURITY FORCES FUND.
(a) In General.--Funds available to the Department of Defense for
the Afghanistan Security Forces Fund during the period beginning on the
date of the enactment of this Act and ending on December 31, 2017,
shall be subject to the conditions contained in subsections (b) through
(f) 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) Allocation of Funds.--
(1) 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 shall be used for--
(A) the recruitment, integration, retention,
training, and treatment of women in the Afghan National
Security Forces; and
(B) the recruitment, training, and contracting of
female security personnel for future elections.
(2) Types of programs and activities.--Such programs and
activities may include--
(A) efforts to recruit women into the Afghan
National Security Forces, including the special
operations forces;
(B) 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;
(C) 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;
(D) efforts to address harassment and violence
against women within the Afghan National Security
Forces;
(E) 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;
(F) support for Afghanistan National Police Family
Response Units; and
(G) security provisions for high-profile female
police and army officers.
(c) 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. 1532. 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.--Section 1532(c) 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'';
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``the congressional defense committees'' and
inserting ``Congress''; and
(B) in subparagraph (B)--
(i) by striking ``the Government of
Pakistan'' and inserting ``foreign
governments''; and
(ii) by striking ``from Pakistan to
locations in Afghanistan''; and
(4) 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''.
SEC. 1533. 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''.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
SEC. 1601. ROCKET PROPULSION SYSTEM TO REPLACE RD-180.
(a) Use of Funds.--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) 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 31 percent of the funds that are
authorized to be appropriated 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 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.
``(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.''.
(b) Rights to Intellectual Property.--Subsection (a) of such
section 1604 is amended by adding at the end the following new
paragraph:
``(3) Plan to protect government investment and assured
access to space.--
``(A) In developing the rocket propulsion system
under paragraph (1), and in any development conducted
pursuant to subsection (d)(3), the Secretary shall
develop a plan to protect the investment of the United
States and the assured access to space, including,
consistent with section 2320 of title 10, United States
Code, and in accordance with other applicable
provisions of law, acquiring the rights, as
appropriate, for the purpose of developing alternative
sources of supply and manufacture in the event such
alternative sources are necessary and in the best
interest of the United States, such as in the event
that a company goes out of business or the system is
otherwise unavailable after the Federal Government has
invested significant resources to use and rely on such
system for launch services.
``(B) Not later than 90 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2017, the Secretary shall submit to the
appropriate congressional committees the plan developed
under subparagraph (A).''.
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 for the procurement of
property or services for space launch activities that include
the use of a total of eighteen rocket engines designed or
manufactured in the Russian Federation, in addition to Russian-
designed or -manufactured engines to which paragraph (1)
applies.''.
SEC. 1603. 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 Review.--
``(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) Review.--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 review of the
analysis.
``(3) Matters included.--The review under paragraph (2) of
the analysis of alternatives conducted under subsection (a)
shall include the following:
``(A) 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).
``(B) 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.
``(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. 1604. MODIFICATION TO PILOT PROGRAM FOR ACQUISITION OF COMMERCIAL
SATELLITE COMMUNICATION SERVICES.
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).''.
SEC. 1605. SPACE-BASED ENVIRONMENTAL MONITORING.
(a) Roles of DOD and NOAA.--
(1) Mechanisms.--The Secretary of Defense and the Director
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.
(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 Director 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. 1606. 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. 1607. LIMITATION OF AVAILABILITY OF FUNDS FOR THE JOINT SPACE
OPERATIONS CENTER MISSION SYSTEM.
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, not more than 25 percent 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 for such increment;
(2) the 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. 1608. SPACE-BASED INFRARED SYSTEM AND ADVANCED EXTREMELY HIGH
FREQUENCY PROGRAM.
(a) Findings.--Congress finds the following:
(1) The recently completed analysis of alternatives for the
space-based infrared system program identified the cost and
capability trades of various alternatives, however the criteria
and assessment for resilience and mission assurance was
undefined.
(2) The analysis of alternatives for the advanced extremely
high frequency program is ongoing.
(b) 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.
(c) 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 (b)(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 (b)(2), the
congressional defense committees.
SEC. 1609. PLANS ON TRANSFER OF ACQUISITION AND FUNDING AUTHORITY OF
CERTAIN WEATHER MISSIONS TO NATIONAL RECONNAISSANCE
OFFICE.
(a) Limitation.--
(1) In general.--Of the funds authorized to be appropriated
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 paragraph (2).
(2) Air force plan.--The Secretary 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.
(b) NRO Plan.--
(1) In general.--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--
(A) a description of the related national security
requirements for such missions;
(B) a description of the appropriate manner to meet
such requirements; and
(C) 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) Activities.--In developing the plan under paragraph
(1), 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.
(3) Submission.--Not later than the date on which the
President submits to Congress the budget for fiscal year 2018
under section 1105(a) of title 31, United States Code, the
Director shall submit to the appropriate congressional
committees the plan under paragraph (1).
(c) 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 subsections
(a)(2) and (b)(1)(C) as being necessary to transfer are appropriate and
include funding for positions and personnel to support program office
costs.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(C) 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.
SEC. 1610. 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) Commercial Weather Data.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2017 for the Secretary of Defense to carry out the pilot program under
subsection (a), not more than $3,000,000 may be obligated or expended
to carry out such pilot program by purchasing and evaluating commercial
weather data that meets the standards and specifications set by the
Department of Defense.
(c) Duration.--The Secretary may carry out the pilot program under
subsection (a) for a period not exceeding one year.
(d) 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. 1611. 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, in accordance
with subsection (b), to strengthen the leadership, management, and
organization of the Department of Defense with respect to the national
security space activities of the Department.
(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. 1612. 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. 1613. 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 the viability of a
public-private partnership to establish a
complementary positioning, navigation, and
timing system; and
(ii) an analysis of the viability of
service level agreements to operate a
complementary positioning, navigation, and
timing system; and
(C) a plan and estimated costs, schedule, and
system level technical considerations, including end
user equipment and integration considerations, to meet
such 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. 1614. 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 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.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. LIMITATION ON AVAILABILITY OF FUNDS FOR INTELLIGENCE
MANAGEMENT.
(a) Limitation.--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 intelligence management, not more than
95 percent may be obligated or expended until the date on which the
Under Secretary of Defense for Intelligence submits to the appropriate
congressional committees the reports on counterintelligence activities
described in any classified annex accompanying this Act.
(b) Appropriate Congressional Committees Defined.--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.
SEC. 1622. LIMITATIONS ON AVAILABILITY OF FUNDS FOR UNITED STATES
CENTRAL COMMAND INTELLIGENCE FUSION CENTER.
(a) Limitations.--Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2017 for the
Intelligence Fusion Center of the United States Central Command--
(1) 25 percent may not be obligated or expended until--
(A) the Commander of the United States Central
Command submits to the appropriate congressional
committees the report under subsection (b); and
(B) a period of 15 days has elapsed following the
date of such submission; and
(2) 25 percent may not be obligated or expended until--
(A) the Commander submits to such committees the
report under subsection (c); and
(B) a period of 15 days has elapsed following the
date of such submission.
(b) Report on Procedures.--The Commander 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.
(c) Report on IG Findings.--The Commander shall submit to the
appropriate congressional committees a report on the steps taken by the
Commander to address the findings of the final report of the Inspector
General of the Department of Defense regarding the processing of
intelligence information by the Intelligence Directorate of the United
States Central Command.
(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.
SEC. 1623. LIMITATION ON AVAILABILITY OF FUNDS FOR JOINT INTELLIGENCE
ANALYSIS COMPLEX.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for increased
intelligence manpower positions for operation of the Joint Intelligence
Analysis Complex at Royal Air Force Molesworth, United Kingdom, not
more than 85 percent may be obligated or expended during fiscal year
2017 until the date on which the Secretary of Defense submits to the
appropriate congressional committees the analysis under subsection
(b)(1).
(b) Analysis.--
(1) In general.--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 revised
analysis of alternatives for the basing of a new Joint
Intelligence Analysis Complex that is--
(A) based on the analysis of the operational
requirements and costs of the United States; and
(B) informed by the findings of the report of the
Comptroller General of the United States on the cost
estimating and basing decision process of the Joint
Intelligence Analysis Complex.
(2) Requirements.--The analysis under paragraph (1) shall,
at a minimum--
(A) be conducted in a manner that--
(i) uses best practices;
(ii) appropriately accounts for non-
recurring and life cycle costs, including with
respect to cost of living and projected growth
in cost of living;
(iii) uses objective and measurable
criteria for evaluating alternative locations
against mission requirements; and
(iv) uses reasonable and verifiable
assumptions;
(B) include the identification and assessments of--
(i) possible alternative locations for the
Joint Intelligence Analysis Complex at existing
military installations used by the United
States; and
(ii) other possible cost-saving
alternatives;
(C) evaluate alternative practices to minimize the
number of support personnel required;
(D) evaluate alternatives to building a new
facility, including modifying existing facilities and
using prefabricated facilities; and
(E) evaluate the possibility of separating the
European Command Intelligence Analytic Center, the
Africa Command Intelligence Analytic Center, or the
NATO Intelligence Fusion Center from the rest of the
Joint Intelligence Analysis Complex at other viable
locations.
(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.
Subtitle C--Cyberspace-Related Matters
SEC. 1631. 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. 1632. CHANGE IN NAME OF NATIONAL DEFENSE UNIVERSITY'S INFORMATION
RESOURCES MANAGEMENT COLLEGE TO COLLEGE OF INFORMATION
AND CYBERSPACE.
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''.
SEC. 1633. 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 enter into an agreement with each
combatant command 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) Briefing Required.--Not later than September 30, 2017, the
Secretary of Defense shall provide to the congressional defense
committees a briefing on--
(1) a list of each combatant command that has entered into
an agreement required by 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;
(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. 1634. LIMITATION ON AVAILABILITY OF FUNDS FOR CRYPTOGRAPHIC
SYSTEMS AND KEY MANAGEMENT INFRASTRUCTURE.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for cryptographic
systems and key management infrastructure, not more than 75 percent may
be obligated or expended until the date on which the Secretary of
Defense, in consultation with the Director of the National Security
Agency, submits to the appropriate congressional committees 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.
(b) Appropriate Congressional Committees Defined.--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.
SEC. 1635. PILOT PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS.
(a) Authority.--The Secretary of the Army and the Secretary of the
Air Force shall each carry out a pilot program to improve the ability
of the Army and the Air Force, respectively, to recruit cyber
professionals.
(b) Elements.--Under the pilot program, the Secretaries shall each
allow individuals who meet educational, physical, and other
requirements determined appropriate by the Secretary to receive
original appointments as commissioned officers in a cyber specialty.
(c) Consultation.--In developing the pilot program, the Secretaries
may consult with the Secretary of the Navy with respect to a similar
program carried out by the Secretary of the Navy.
(d) Sense of Congress.--It is the sense of Congress that Congress
supports the direct commission of individuals trained in cyber
specialties because the demand for skilled cyber personnel outstrips
the supply of such personnel, and there is great competition for such
personnel with private industry.
SEC. 1636. REPORT ON POLICIES FOR RESPONDING TO MALICIOUS CYBER
ACTIVITIES CARRIED OUT AGAINST THE UNITED STATES OR
UNITED STATES PERSONS BY FOREIGN STATES OR NON-STATE
ACTORS.
(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 report on 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.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) Specific citations to appropriate associated Executive
branch and agency directives, guidance, instructions, and other
authoritative policy documents.
(2) Descriptions of relevant authorities, rules of
engagement, command and control structures, and response plans.
SEC. 1637. ASSESSMENT ON SECURITY OF INFORMATION HELD BY CLEARED
DEFENSE CONTRACTORS.
(a) Assessment.--
(1) In general.--The Secretary of Defense shall conduct an
assessment of the sufficiency of the regulatory mechanisms of
the Department of Defense to secure defense information held by
cleared defense contractors to determine whether there are any
gaps that may undermine the protection of such information.
(2) Submission.--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 findings of
the assessment conducted under paragraph (1).
(b) Regulations.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall prescribe regulations that
the Secretary determines appropriate to improve the security of defense
information held by cleared defense contractors.
(c) Cleared Defense Contractor Defined.--In this section, the term
``cleared defense contractor'' has the meaning given that term in
section 393(e) of title 10, United States Code.
SEC. 1638. SENSE OF CONGRESS ON CYBER RESILIENCY OF THE NETWORKS AND
COMMUNICATIONS SYSTEMS OF THE NATIONAL GUARD.
(a) Findings.--Congress finds the following:
(1) Army and Air National Guard personnel need to have
situational awareness and reliable communications during any of
the following events occurring in the United States:
(A) A terrorist attack.
(B) An intentional or unintentional release of
chemical, biological, radiological, nuclear, or high-
yield explosive materials.
(C) A natural or man-made disaster.
(2) During such an event, it is vital that Army and Air
National Guard personnel are able to communicate and coordinate
response efforts with their own units and appropriate civilian
emergency response forces.
(3) Current networks and communications systems of the
National Guard, including commercial wireless solutions (such
as mobile wireless kinetic mesh), and other systems that are
interoperable with the systems of civilian first responders,
should provide the necessary robustness, interoperability,
reliability, and resilience to extend needed situational
awareness and communications to all users and under all
operating conditions, including degraded communications
environments where infrastructure is damaged or destroyed or
under cyber attack or disruption.
(b) Sense of Congress.--It is the sense of Congress that the
National Guard should be constantly seeking ways to improve and expand
its communications and networking capabilities to provide for enhanced
performance and resilience in the face of cyber attacks or disruptions,
as well as other instances of degradation.
SEC. 1639. REQUIREMENT FOR ARMY NATIONAL GUARD STRATEGY TO INCORPORATE
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, if the Secretary
has not already done so, shall provide a briefing to the congressional
defense committees outlining a strategy for incorporating Army National
Guard cyber protection teams into the Department of Defense cyber
mission force.
(b) Elements of Strategy.--The strategy required by subsection (a)
shall include, at minimum, the following:
(1) A timeline for incorporating Army National Guard cyber
protection teams into the Department of Defense cyber mission
force, including a timeline for receiving appropriate training.
(2) Identification of specific units to be incorporated.
(3) An assessment of how incorporation of Army National
Guard cyber protection teams into the Department of Defense
cyber mission force might be used to enhance readiness through
improved individual and collective training capabilities.
(4) A status report on the Army's progress in issuing
additional guidance that clarifies how Army National Guard
cyber protection teams 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.
Subtitle D--Nuclear Forces
SEC. 1641. 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 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.''.
(d) Reporting Requirements.--Subsection (e) of such section is
amended 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,''.
SEC. 1642. TREATMENT OF CERTAIN SENSITIVE INFORMATION BY STATE AND
LOCAL GOVERNMENTS.
(a) Special Nuclear Material.--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.''.
(b) Critical Infrastructure Security Information.--Section 130e of
such title is amended--
(1) by redesignating subsection (c) as subsection (f) and
moving such subsection, as so redesignated, to appear after
subsection (e); 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).''.
(c) Conforming Amendments.--
(1) Section 128.--Section 128 of such title is further
amended in the section heading by striking ``Physical'' and
inserting ``Control and physical''.
(2) Section 130e.--Section 130e of such title is further
amended--
(A) by striking the section heading and inserting
the following new section heading: ``Control and
protection of critical infrastructure security
information'';
(B) in subsection (a), by striking the subsection
heading and inserting the following new subsection
heading; ``Exemption From Freedom of Information Act.--
'';
(C) in subsection (d), by striking the subsection
heading and inserting the following new subsection
heading: ``Delegation of Determination Authority.--'';
and
(D) in subsection (e), by striking the subsection
heading and inserting the following new subsection
heading: ``Transparency of Determinations.--''.
(d) Clerical Amendments.--The table of sections at the beginning of
chapter 3 of such title is amended--
(1) 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.''; and
(2) by striking the item relating to section 130e and
inserting the following new item:
``130e. Control and protection of critical infrastructure security
information.''.
SEC. 1643. 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. 1644. 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. 1645. 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 180 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 warplans 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. 1646. CONSOLIDATION OF NUCLEAR COMMAND, CONTROL, AND
COMMUNICATIONS FUNCTIONS OF THE AIR FORCE.
(a) Role of Major Command.--
(1) Consolidation.--Not later than March 31, 2017, the
Secretary of the Air Force shall 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, including, at a minimum, with
respect to the following:
(A) All terrestrial and aerial components of the
nuclear command and control system that are survivable
and endurable.
(B) All terrestrial and aerial components of the
integrated tactical warning and attack assessment
system that are survivable and endurable.
(2) Oversight and budget approval.--Not later than March
31, 2017, in addition to the responsibility, authority,
accountability, and resources for carrying out the nuclear
command, control, and communications functions of the Air Force
provided to a commander of a major command under paragraph (1),
the Secretary shall provide to the commander the
responsibility, authority, accountability, and resources to--
(A) conduct oversight over all components of the
nuclear command and control system and the integrated
tactical warning and attack assessment system,
regardless of the location or the endurability of such
components; and
(B) approve or disapprove of any budgetary actions
related to all components of the nuclear command and
control system and the integrated tactical warning and
attack assessment system, regardless of the location or
the endurability of such components.
(b) Report.--Not later than January 15, 2017, the Secretary shall
submit to the congressional defense committees a report on the plans
and actions taken by the Secretary to carry out subsection (a),
including any guidance, directives, and orders that have been or will
be issued by the Secretary, the Chief of Staff of the Air Force, or
other elements of the Air Force to carry out subsection (a).
SEC. 1647. 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. 1648. 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 Vanguard-successor
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.
SEC. 1649. REQUESTS FOR FORCES TO MEET SECURITY REQUIREMENTS FOR LAND-
BASED NUCLEAR FORCES.
(a) Certification.--Not later than five days after the date of the
enactment of this Act, the Chairman of the Joint Chiefs of Staff shall
certify to the congressional defense committees that the Chairman has
approved any requests for forces, as of the date of the enactment of
this Act, of a commander of a combatant command to meet the security
requirements of land-based nuclear forces.
(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
competitive acquisition process in place to ensure that a UH-1N
replacement aircraft is under contract in fiscal year 2018.
SEC. 1649A. MATTERS RELATED TO INTERCONTINENTAL BALLISTIC MISSILES.
(a) Policy.--It is the policy of the United States to maintain and
modernize a responsive and alert intercontinental ballistic missile
force to ensure robust nuclear deterrence by preventing any adversary
from believing it can carry out a small, surprise, first-strike attack
on the United States that disarms the strategic forces of the United
States.
(b) 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 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).
(c) 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 (until 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 (until 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 (until 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.
Subtitle E--Missile Defense Programs
SEC. 1651. 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, 2027.''.
SEC. 1652. 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 organization, discharge, and oversight of
acquisition for the missile defeat programs of the United
States.
(6) The roles and responsibilities of the Office of the
Secretary of Defense, Defense Agencies, combatant commands, the
Joint Chiefs of Staff, and the military departments in such
programs and the process for ensuring accountability of each
stakeholder.
(7) The process for determining requirements for missile
defeat capabilities under such programs, including input from
the joint military requirements process.
(8) The process for determining the force structure and
inventory objectives for such programs.
(9) Standards for the military utility, operational
effectiveness, suitability, and survivability of the missile
defeat systems of the United States.
(10) The method in which resources for the missile defeat
mission are planned, programmed, and budgeted within the
Department of Defense.
(11) The near-term and long-term costs and cost
effectiveness of such programs.
(12) The options for affecting the offense-defense cost
curve.
(13) Accountability, transparency, and oversight with
respect to such programs.
(14) The role of international cooperation on missile
defeat 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.
(15) Options for enhancing and making routine the
codevelopment of missile defeat capabilities with allies of the
United States in the near-term and far-term.
(16) Declaratory policy governing the employment of missile
defeat capabilities and the military options and plans and
employment options of such capabilities.
(17) 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.
(18) 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.
(19) 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 of such impact for the missile defeat capability,
objectives, and military options of the United States and the
plans of the combatant commanders.
(20) 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, 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.
(d) Notification.--
(1) In general.--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 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) Validation.--In making such designation under paragraph
(1), the Secretary shall include a description of the manner in
which the military requirements for such capabilities will be
validated.
SEC. 1653. 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 section 101 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, as specified in the funding table in division
D, 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 bilateral
international agreement specified in
subparagraph (A) is being implemented as
provided in such bilateral international
agreement; and
(ii) an assessment detailing any risks
relating to the implementation of such
bilateral international agreement.
(b) 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 and David's
Sling Weapon System is not less than 50
percent; and
(v) such funds may not be obligated or
expended to cover costs related to any delays,
including delays with respect to exchanging
technical data or specifications.
(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 such
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 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 additional nonrecurring
engineering activity or cost.
(c) 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. 1654. MAXIMIZING AEGIS ASHORE CAPABILITY.
(a) Anti-air Warfare Capability of Aegis Ashore Sites.--
(1) Evaluation.--The Secretary of Defense shall conduct a
complete evaluation of the optimal anti-air warfare
capability--
(A) for each current Aegis Ashore site by not later
than 180 days after the date of the enactment of this
Act; and
(B) as part of any future deployment by the United
States of an Aegis Ashore site after the date of such
enactment.
(2) Assessments included.--Each evaluation under paragraph
(1) shall include an assessment of the potential deployment of
enhanced sea sparrow missiles, standard missile block 2
missiles, standard missile block 6 missiles, or the SeaRAM
missile system.
(3) Consistency with annex.--The Secretary shall carry out
this subsection consistent with any classified annex
accompanying this Act.
(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 each of the
following:
(1) 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.
(2) The ballistic missile and air threat against the Armed
Forces on Guam and the efficacy (including with respect to cost
and schedule) of deploying an Aegis Ashore site on Guam.
(c) Aegis Ashore Site on the Pacific Missile Range Facility.--
(1) Limitation.--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 on which
the Director of the Missile Defense Agency submits to
the congressional defense committees the report under
section 1689(b)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 1144), the Director shall notify such
committees on whether the preferred alternative for
fielding a medium range ballistic missile defense
sensor for the defense of Hawaii identified by such
report would require an update to the environmental
impact statement required for constructing the Aegis
Ashore site at the Pacific Missile Range Facility.
(B) 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. 1655. 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. 1656. DEVELOPMENT AND RESEARCH OF NON-TERRESTRIAL MISSILE DEFENSE
LAYER.
(a) Development.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of the Missile Defense
Agency, with the support of federally funded research and
development centers with subject matter expertise, shall
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 that--
(A) shall provide defense options to ballistic
missiles and re-entry vehicles, independent of
adversary country size and threat trajectory; and
(B) may provide a boost-phase missile defense
capability, as well as additional defensive options
against direct ascent anti-satellite weapons,
hypersonic boost glide vehicles, and maneuvering re-
entry vehicles.
(2) Activities.--The planning activities authorized under
paragraph (1) shall include, at a minimum, the following:
(A) The initiation of formal steps for potential
integration into the ballistic missile defense system
architecture.
(B) Mature planning for early proof of concept
component demonstrations.
(C) Draft operation concepts in the context of a
multi-layer architecture.
(D) Identification of proof of concept vendor
sources for demo components and subassemblies.
(E) The development of multi-year technology and
risk reduction investment plan.
(F) The commencement of the development of a proof
of concept master program phasing schedule.
(G) Identification of proof of concept long lead
items.
(H) Initiation of requests for proposals from
industry with significant commercial, civil, and
national security space experience, including for space
launch services.
(I) Mature options for an aggressive but low-risk
acquisition strategy.
(b) Space Test Bed.--Not later than 60 days after the date of the
enactment of this Act, the Director shall commence planning for
research, development, test, and evaluation activities with respect to
a space test bed for a missile interceptor capability.
(c) Budget Submissions.--The Director shall submit with the budget
of the President submitted to Congress under section 1105(a) of title
31, United States Code, for fiscal year 2018 a detailed budget and
development plan, irrespective of planned budgetary total obligation
authority, for the activities described in subsections (a) and (b),
assuming initial demonstration, on-orbit, of such the capabilities
described in such subsections by 2025.
SEC. 1657. HYPERSONIC BOOST GLIDE VEHICLE DEFENSE.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Missile Defense
Agency shall 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. Such defense system may be a new system, a
modification of an existing system, or developed by integrating
existing systems.
(2) Codevelopment.-- In developing the program of record
for the defensive system under paragraph (1), the Director
shall consider opportunities for codevelopment, including
through financial support, with allies and partners of the
United States.
(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 Under Secretary of Defense for Policy
and the headquarters operations of the Under Secretary of Defense for
Acquisition, Technology, and Logistics, $25,000,000 may not be
obligated or expended for each such headquarters operations until--
(1) the Director certifies to the congressional defense
committees that the Director has established the program of
record under paragraph (1) of subsection (a), including a
discussion of--
(A) the options for codevelopment considered by the
Director under paragraph (2) of such subsection;
(B) such options the Director has assessed; and
(C) such options the Director recommends be pursued
in the program of record; and
(2) the Chairman of the Joint Chiefs of Staff submits 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 and maneuvering
ballistic missiles to the United States, the forces of the
United States, and the allies of the United States; and
(3) a period of 30 days has elapsed following the date on
which the congressional defense committees has received both
the certification and the report.
(c) Report on MTCR.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, with the concurrence
of the Secretary of State, shall 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 the implications for the Missile Technology Control Regime regarding
the development of a defensive system, including with respect to
partnering with allies and partners of the United States, to counter
hypersonic boost-glide and maneuvering ballistic missiles.
(d) Plan.--Not later than 30 days after the date on which the
budget of the President for fiscal year 2018 is submitted to Congress
under section 1105 of title 31, Unites States Code, the Director shall
submit to the congressional defense committees a plan to field the
defensive system under paragraph (1) of subsection (a) by 2021,
including--
(1) a schedule of required ground, flight, and intercept
tests; and
(2) the estimated budget for such plan, including a budget
with codevelopment described in paragraph (2) of such
subsection and a budget without such codevelopment, required
for each year beginning with fiscal year 2018.
SEC. 1658. LIMITATION ON AVAILABILITY OF FUNDS FOR PATRIOT LOWER TIER
AIR AND MISSILE DEFENSE CAPABILITY OF THE ARMY.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for the Patriot lower tier air and
missile defense capability of the Army, not more than 50 percent may be
obligated or expended until each of the following occurs:
(1) The Director of the Missile Defense Agency certifies to
the congressional defense committees that such capability, upon
the completion of the modernization process addressed by the
analysis of alternatives regarding such capability, will be
fully interoperable with the ballistic missile defense system
and other air and missile defense capabilities deployed and
planned to be deployed by the United States.
(2) The Chairman of the Joint Chiefs of Staff certifies to
the congressional defense committees that such capability, upon
the completion of the modernization process addressed by the
analysis of alternatives regarding such capability, will meet--
(A) the desired attributes for modularity sought by
the geographic combatant commands; and
(B) the validated and objective warfighter
requirements for air and missile defense capability.
(3) The Chief of Staff of the Army, in coordination with
the Secretary of the Army, submits to the congressional defense
committees--
(A) a determination as to whether the requirements
of the lower tier air and missile defense program are
appropriate for acquisition through the Army Rapid
Capabilities Office, and if the determination is that
such requirements are not so appropriate, an evaluation
of why;
(B) the terms of the competition planned for the
lower tier air and missile defense program to ensure
fair competition for all competitors; and
(C) either--
(i) certification that--
(I) the requirements of the lower
tier air and missile defense program
can only be met through a multi-year
development and acquisition program,
rather than through more expedient
modification of existing or
demonstrated capabilities of the
Department of Defense; and
(II) the lower tier air and missile
defense acquisition program as designed
as of the date of the certification
will provide the most rapid deployment
of a modernized capability to the
warfighter at reasonable risk levels
(as compared to systems with similar
amounts of complexity and technological
readiness); or
(ii) a revised acquisition strategy for the
lower tier air and missile defense acquisition
program, including a schedule to carry out such
strategy.
(4) If the Chief of Staff of the Army submits the revised
acquisition strategy under paragraph (3)(C)(ii), a period of 30
days has elapsed following the date of such submission.
SEC. 1659. LIMITATION ON AVAILABILITY OF FUNDS FOR CONVENTIONAL PROMPT
GLOBAL STRIKE WEAPONS SYSTEM.
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. 1660. 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 Government
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. 1661. 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.
(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 this title fully fund the requirements
under clause (i).
(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).
(4) Certification.--Not later than 60 days after the date
on which each budget is submitted through January 31, 2021, the
Commander of the United States Northern Command shall certify
to the congressional defense committees that the most recent
defense budget materials include a sufficient level of funding
for the ground-based midcourse defense system to modernize the
system to remain paced ahead of the developing limited
ballistic missile threat to the homeland, including from an
accidental or unauthorized ballistic missile attack.
(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. 1662. 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:
(1) Both the classified and unclassified declaratory policy
of the United States regarding the use of the left-of-launch
capability of the United States against potential targets and
how the Secretary and the Chairman intend to ensure that such
capability is a deterrent to attacks by adversaries.
(2) Both the classified and unclassified concept of
operations for the use of such capability across and between
the combatant commands.
(3) Both the classified and unclassified employment
strategy, plans, and options for such capability.
SEC. 1663. PROCUREMENT OF MEDIUM-RANGE DISCRIMINATION RADAR TO IMPROVE
HOMELAND MISSILE DEFENSE.
(a) The Director of the Missile Defense Agency shall issue a
request for proposals for such radar by not later than October 1, 2017.
(b) The Director shall plan to 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 plan for such radar to be fielded by not
later than December 31, 2021.
SEC. 1664. 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. 1665. NATIONAL MISSILE DEFENSE POLICY.
(a) Policy.--It is the policy of the United States to maintain and
improve a 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. 1666. SENSE OF CONGRESS ON INITIAL OPERATING CAPABILITY OF PHASE 2
OF EUROPEAN PHASED ADAPTIVE APPROACH TO MISSILE DEFENSE.
(a) Findings.--Congress finds the following:
(1) President Obama, during his announcement of the
European Phased Adaptive Approach on September 17, 2009,
stated, ``This approach is based on an assessment of the
Iranian missile threat,'' and ``the best way to responsibly
advance our security and the security of our allies is to
deploy a missile defense system that best responds to the
threats we face and that utilizes technology that is both
proven and cost-effective.''.
(2) The 2010 Ballistic Missile Defense review stated that
``The [European] Phased Adaptive Approach utilizes existing and
proven capabilities to meet current threats and then will
improve upon these capabilities over time by integrating new
technology.''.
(3) Secretary of Defense Leon Panetta, during a speech in
Brussels on October 5, 2011, stated, ``The United States is
fully committed to building a missile defense capability for
the full coverage and protection of all our NATO European
populations, their territory and their forces against the
growing threat posed by ballistic missiles.''.
(4) Secretary of Defense Chuck Hagel, during a press
conference on March 15, 2013, stated, ``The missile deployments
the United States is making in phases one through three of the
European Phased Adaptive Approach, including sites in Romania
and Poland, will still be able to provide coverage of all
European NATO territory as planned by 2018.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) 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 Unites States by
increasing the ballistic missile defense capability of the
North Atlantic Treaty Organization (in this section referred to
as ``NATO'');
(2) phase 2 of the European Phased Adaptive Approach will
provide NATO with a substantial increase in ballistic missile
defense capability since NATO declared Interim Ballistic
Missile Defense Capability at the Chicago Summit in 2012, and
such phase consists of--
(A) Aegis Ashore in Romania;
(B) four Aegis ballistic missile defense capable
ships homeported at Rota, Spain; and
(C) a more capable SM-3 interceptor;
(3) NATO is moving forward with the modernization of the
defense capabilities of NATO that is responsive to 21st century
threats to the territory and populations of member states of
NATO;
(4) the member states of NATO recognize the importance of
this contribution, which sends a clear signal that NATO will
not allow potential adversaries to threaten the use of
ballistic missile strikes to coerce NATO or deter NATO from
responding to aggression against the interests of NATO; and
(5) phase 2 of the European Phased Adaptive Approach is
ready for 24-hour-a-day, seven-day-a-week operation, with
proven military systems and command and control capability, and
should be so declared at the July 2016 NATO Summit in Warsaw,
Poland.
Subtitle F--Other Matters
SEC. 1671. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
(a) In General.--Chapter 3 of title 10, United States Code, as
amended by section 1255, is further amended by adding at the end the
following new section:
``Sec. 130j. Protection of certain facilities and assets from unmanned
aircraft
``(a) Authority.--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 of an
unmanned aircraft system or unmanned aircraft that poses an imminent
threat (as defined by the Secretary of Defense, in coordination with
the Secretary of Transportation) 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) Disrupt control of the unmanned aircraft system or
unmanned aircraft.
``(B) Seize and exercise control of the unmanned aircraft
system or unmanned aircraft.
``(C) Seize or otherwise confiscate the unmanned aircraft
system or unmanned aircraft.
``(D) Use reasonable force to disable 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,
consistent with the protection of information regarding sensitive
defense capabilities.
``(c) Forfeiture.--(1) Any unmanned aircraft system or unmanned
aircraft described in subsection (a) shall be subject to seizure and
forfeiture to the United States.
``(2) The Secretary of Defense may prescribe regulations to
establish reasonable exceptions to paragraph (1), including in cases
where--
``(A) the operator of the unmanned aircraft system or
unmanned aircraft obtained the control and possession of such
system or aircraft illegally; or
``(B) the operator of the unmanned aircraft system or
unmanned aircraft is an employee of a common carrier acting in
manner described in subsection (a) without the knowledge of the
common carrier.
``(d) Regulations.--The Secretary of Defense and the Secretary of
Transportation shall prescribe regulations and issue guidance in the
respective areas of each Secretary to carry out this section.
``(e) Definitions.--In this section:
``(1) The term `covered facility or asset' means any
facility or asset that is--
``(A) identified by the Secretary of Defense for
purposes of this section;
``(B) located in the United States (including the
territories and possessions of the United States); and
``(C) relating 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 meaning 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
130i, as added by section 1255, the following new item:
``130j. Protection of certain facilities and assets from unmanned
aircraft.''.
SEC. 1672. IMPROVEMENT OF COORDINATION BY DEPARTMENT OF DEFENSE OF
ELECTROMAGNETIC SPECTRUM USAGE.
Not later than December 31, 2016, the Secretary of Defense shall
submit to the congressional defense committees a report evaluating
whether establishing an intra-departmental council in the Department of
Defense on the use electromagnetic spectrum by the Department would
improve coordination within the Department on--
(1) the use of such spectrum;
(2) the acquisition cycle with respect to such spectrum;
(3) training by the Armed Forces, including with respect to
electronic and cyber warfare; and
(4) other purposes the Secretary considers useful.
SEC. 1673. 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 proceeding on
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 regarding whether to permit such operations
in such band. 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 Position 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 expect to cause, the
interference with such receivers;
(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) the Secretary 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 Position 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--DEPARTMENT OF DEFENSE ACQUISITION AGILITY
SEC. 1701. MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF MAJOR WEAPON
SYSTEMS.
(a) 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 2446a
Systems.
``II. Development, Prototyping, and Deployment of Weapon 2447a
System Components and
Technology.
``III. Cost, Schedule, and Performance of Major Defense 2448a
Acquisition Programs.
``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.
``2446d. Requirement to include modular open system approach in
Selected Acquisition Reports.
``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 initiated after January 1, 2019, shall be designed
and developed, to the maximum extent practicable, with a modular open
system approach to enable incremental development.
``(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 or between major system
components;
``(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; 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' means a shared
boundary between a major system platform and a major system
component or between major system components, defined by
various physical, logical, and functional characteristics, such
as electrical, mechanical, fluidic, optical, radio frequency,
data, networking, or software elements.
``(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 target' 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;
and
``(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.
``(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 and between major
system components;
``(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, 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.
``Sec. 2446d. Requirement to include modular open system approach in
Selected Acquisition Reports
``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 or, if a
modular open system approach was not used, the rationale for not using
such an approach, shall be submitted to the congressional defense
committees with the first Selected Acquisition Report required under
section 2432 of this title for the program.''.
(b) 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''.
(c) Conforming Amendment.--Section 2366b(a)(3) of such title is
amended--
(1) by striking ``and'' at the end of subparagraph (K); and
(2) by inserting after subparagraph (L) the following new
subparagraph:
``(M) the requirements of section 2446b(e) of this
title are met; and''.
(d) Effective Date.--Subchapter I of chapter 144B of title 10,
United States Code, as added by subsection (a), shall take effect on
October 1, 2016.
SEC. 1702. DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON SYSTEM
COMPONENTS OR TECHNOLOGY.
(a) In General.--Chapter 144B of title 10, United States Code, as
added by section 1701, 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. Technology development in the acquisition of major weapon
systems.
``2447b. Weapon system component or technology prototype projects:
display of budget information.
``2447c. Weapon system component or technology prototype projects:
oversight.
``2447d. Requirements and limitations for weapon system component or
technology prototype projects.
``2447e. Mechanisms to speed deployment of successful weapon system
component or technology prototypes.
``2447f. Definition of weapon system component.
``Sec. 2447a. Technology development in the acquisition of major weapon
systems
``Technology shall be developed in a major defense acquisition
program that is initiated after January 1, 2019, only if the milestone
decision authority for the program determines with a high degree of
confidence that such development will not delay the fielding target of
the program. If the milestone decision authority does not make such
determination for a major system component being developed under the
program, the milestone decision authority shall ensure that technology
related to the major system component shall be sufficiently matured
separate from the major defense acquisition program using the
prototyping authorities of this section or other authorities, as
appropriate.
``Sec. 2447b. 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 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. 2447c. 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 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; 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 high priority warfighter needs, capability gaps
on existing major weapon systems, opportunities to
incrementally integrate new components into major weapon
systems, and technologies that are expected to be sufficiently
mature to prototype within three years.
``(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 2447d 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 necessary technical, contracting, and
financial management resources are available to support each
project.
``(7) To submit to the congressional defense committees a
semiannual notification that includes the following:
``(A) A description of 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) A description of the results achieved from
weapon system component prototype and technology
projects completed and tested during the preceding six
months.
``Sec. 2447d. Requirements and limitations for weapon system component
or technology prototype projects
``(a) Limitation on Prototype Project Duration.--A prototype
project shall be completed within three 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 and cost-effective prototypes that
address a high priority warfighter need 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) a description of 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.
``Sec. 2447e. Mechanisms to speed deployment of successful weapon
system component or technology prototypes
``(a) Selection of Rapid Fielding Project for Production.--A weapon
system component or technology rapid fielding 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) a rapid fielding project addresses a high priority
warfighter need;
``(2) competitive procedures were used for the selection of
parties for participation in the rapid fielding project;
``(3) the participants in the project successfully
completed the project provided for in the transaction; and
``(4) a prototype of the system to be procured in the rapid
fielding project 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 rapid fielding 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. 2447f. 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.''.
(b) Effective Date.--Subchapter II of chapter 144B of title 10,
United States Code, as added by subsection (a), shall take effect on
October 1, 2016.
SEC. 1703. COST, SCHEDULE, AND PERFORMANCE OF MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) In General.--Chapter 144B of title 10, United States Code, as
added by section 1701, 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.
``2448c. Adherence to requirements and thresholds in major defense
acquisition programs.
``Sec. 2448a. Program cost, fielding, and performance goals in planning
major defense acquisition programs
``(a) Program Cost and Fielding Targets.--(1) Before a major
defense acquisition program receives Milestone A approval or is
otherwise initiated prior to Milestone B, the Secretary of Defense
shall ensure, by establishing the goals described in paragraph (2),
that--
``(A) the program will be affordable;
``(B) program planning anticipates evolution of
capabilities to meet changing threats, technology insertion,
and interoperability; and
``(C) the program will be fielded when needed.
``(2) The goals described in this paragraph are goals for--
``(A) the program acquisition unit cost (referred to in
this section as the `program cost target');
``(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) Considerations.--In establishing goals under subsection (a)
for the program, the Secretary of Defense shall consider each of the
following:
``(1) The capability needs and timeframe specified in the
initial capabilities document, opportunities for evolution of
capabilities, and minimum acceptable capability increments.
``(2) Resources available to fund the development,
production, and life cycle of the program, using a reasonable
estimate of future defense budgets.
``(3) The number of end items expected to be procured under
the program.
``(4) Trade-offs among cost, schedule, technical risk, and
performance objectives identified in the analysis of
alternatives required under section 2366a of this title.
``(5) The independent cost estimate established pursuant to
section 2334(a)(6) of this title.
``(6) The independent technical risk assessment conducted
or approved under section 2448b of this title.
``(c) Delegation.--The responsibilities of the Secretary of Defense
in subsection (a) may be delegated only to the Deputy Secretary of
Defense or the Under Secretary of Defense for Acquisition, Technology,
and Logistics.
``(d) Definitions.--In this section:
``(1) The term `program acquisition unit cost' has the
meaning provided in section 2432(a) 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 Under Secretary of Defense for Acquisition, Technology,
and Logistics shall--
``(1) before any decision to grant Milestone A approval for
the program pursuant to section 2366a of this title, identify
critical technologies that need to be matured in the program;
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
Under Secretary, conduct or approve an independent technical
risk assessment for the program, including the identification
of any critical technologies that have not been successfully
demonstrated in a relevant environment.
``(b) Categorization of Technical Risk Levels.--The Under Secretary
shall issue guidance and a framework for categorizing the degree of
technical risk in a major defense acquisition program.
``Sec. 2448c. Adherence to requirements and thresholds in major defense
acquisition programs
``(a) Capabilities Determination.--The Secretary of the military
department concerned shall ensure that the program capability document
supporting a Milestone B or subsequent milestone for a major defense
acquisition program may not be submitted to the Joint Requirements
Oversight Council for approval 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.
``(b) Compliance With Targets Before Milestone B Approval.--A major
defense acquisition program may not receive Milestone B approval until
the milestone decision authority for the program determines in writing
that the estimated program acquisition unit cost 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.
If such estimated cost is higher than the program cost target or if
such estimated date is later than the fielding target, the milestone
decision authority may request that the Secretary of Defense increase
the program cost target or delay the fielding target, as applicable.''.
(b) Effective Date.--Subchapter III of chapter 144B of title 10,
United States Code, as added by subsection (a), shall apply with
respect to major defense acquisition programs that reach Milestone A
after October 1, 2016.
(c) Modification of Milestone Decision Authority.--Effective
October 1, 2016, 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.''.
SEC. 1704. TRANSPARENCY IN MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Reports on Milestone Decision Metrics.--Subchapter III of
chapter 144B of title 10, United States Code, as added by section 1703,
is amended by adding at the end the following new section:
``Sec. 2448d. Reports on milestone decision metrics
``(a) Report on Milestone A.--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:
``(1) The program cost and fielding targets established by
the Secretary of Defense under section 2448a(a) of this title.
``(2) 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 and total life-cycle cost; and
``(B) the planned dates for each program milestone
and initial operational capability.
``(3) 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 and total life-cycle cost; and
``(B) the planned dates for each program milestone
and initial operational capability.
``(4) A summary of the technical risks associated with the
program, as determined by the military department concerned,
including identification of any critical technologies that need
to be matured.
``(5) A summary of the independent technical risk
assessment conducted or approved under section 2448b of this
title, including identification of any critical technologies
that need to be matured.
``(6) 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).
``(7) Any other information the milestone decision
authority considers relevant.
``(b) Report on Milestone B.--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:
``(1) The program cost and fielding targets established by
the Secretary of Defense under section 2448a(a) of this title.
``(2) 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 each program milestone,
initial operational test and evaluation, and initial
operational capability.
``(3) 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 each program milestone,
initial operational test and evaluation, and initial
operational capability.
``(4) A summary of the technical risks associated with the
program, as determined by the military department concerned,
including identification of any critical technologies that have
not been successfully demonstrated in a relevant environment.
``(5) A summary of the independent technical risk
assessment conducted or approved under section 2448b of this
title, including identification of any critical technologies
that have not been successfully demonstrated in a relevant
environment.
``(6) A statement of whether a modular open system approach
is being used for the program.
``(7) Any other information the milestone decision
authority considers relevant.
``(c) Report on Milestone C.--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.
``(d) 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 report submitted under subsection (a), (b), or (c),
including the independent cost and schedule estimates and the
independent technical risk assessments referred to in those
subsections.
``(e) 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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2448d. Reports on milestone decision metrics.''.
SEC. 1705. 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 (E), (F), and (G) as
subparagraphs (F), (I), and (J), 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 (E),'';
(3) in subparagraph (D)(i), by striking subclause (II) and
inserting the following:
``(II) is a release, disclosure, or use of
technical data pertaining to an interface
between an item or process and other items or
processes; or'';
(4) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) Notwithstanding subparagraph (B), the United States
shall have government purpose rights in technical data
pertaining to a major system interface developed exclusively at
private expense and used in a modular open system approach
pursuant to section 2446a of this title.'';
(5) in subparagraph (F), as redesignated by paragraph (1),
by striking ``In the case of'' and inserting ``Except as
provided in subparagraphs (G) and (H), in the case of'';
(6) by inserting after subparagraph (F), as so
redesignated, the following new subparagraphs (G) and (H):
``(G) Notwithstanding subparagraph (F), 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.
``(H) Notwithstanding subparagraph (F), the United States
shall have government purpose rights in technical data
pertaining to a major system interface developed 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.''; and
(7) in subparagraph (J), as redesignated by paragraph (1),
by striking ``provided under subparagraph (C) or (D),'' and
inserting ``provided under subparagraph (C), (D), (E), or
(H),''.
(c) Amendment Relating to Negotiated Rights for Item or Process
Developed With Mixed Funding.--Section (a)(2)(F) of section 2320 of
such title, as redesignated by subsection (b)(1) of this section, is
further amended by striking the period at the end of the first sentence
in the matter preceding clause (i) and all that follows through
``establishment of any such negotiated rights shall'' and inserting
``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''.
(d) 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), (E), (G), and (H) of subsection
(a)(2); and''.
(e) 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.''.
(f) 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.--''; and
(3) in subparagraph (F) of such paragraph, as redesignated
by subsection (b) of this section, by inserting after ``(F)''
the following: ``Development in part with Federal funds and in
part at private expense.--''.
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.
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 described
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 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, if such proposed
procurement 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 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. IMPROVING REPORTING ON SMALL BUSINESS GOALS.
(a) In General.--Section 15(h)(2)(E) of the Small Business Act (15
U.S.C. 644(h)(2)(E)) is amended--
(1) in clause (i)--
(A) in subclause (III), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subclauses:
``(V) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns for
purposes of the initial contract; and
``(VI) that were awarded using a
procurement method that restricted
competition to small business concerns
owned and controlled by service-
disabled veterans, qualified HUBZone
small business concerns, small business
concerns owned and controlled by
socially and economically disadvantaged
individuals, small business concerns
owned and controlled by women, or a
subset of any such concerns;'';
(2) in clause (ii)--
(A) in subclause (IV), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subclauses:
``(VI) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned and
controlled by service-disabled veterans
for purposes of the initial contract;
and
``(VII) that were awarded using a
procurement method that restricted
competition to qualified HUBZone small
business concerns, small business
concerns owned and controlled by
socially and economically disadvantaged
individuals, small business concerns
owned and controlled by women, or a
subset of any such concerns;'';
(3) in clause (iii)--
(A) in subclause (V), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subclauses:
``(VII) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be qualified HUBZone small business
concerns for purposes of the initial
contract; and
``(VIII) that were awarded using a
procurement method that restricted
competition to small business concerns
owned and controlled by service-
disabled veterans, small business
concerns owned and controlled by
socially and economically disadvantaged
individuals, small business concerns
owned and controlled by women, or a
subset of any such concerns;'';
(4) in clause (iv)--
(A) in subclause (V), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subclauses:
``(VII) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned and
controlled by socially and economically
disadvantaged individuals for purposes
of the initial contract; and
``(VIII) that were awarded using a
procurement method that restricted
competition to small business concerns
owned and controlled by service-
disabled veterans, qualified HUBZone
small business concerns, small business
concerns owned and controlled by women,
or a subset of any such concerns;'';
(5) in clause (v)--
(A) in subclause (IV), by striking ``and'' at the
end;
(B) in subclause (V), by inserting ``and'' at the
end; and
(C) by adding at the end the following new
subclause:
``(VI) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned by
an Indian tribe other than an Alaska
Native Corporation for purposes of the
initial contract;'';
(6) in clause (vi)--
(A) in subclause (IV), by striking ``and'' at the
end;
(B) in subclause (V), by inserting ``and'' at the
end; and
(C) by adding at the end the following new
subclause:
``(VI) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned by
a Native Hawaiian Organization for
purposes of the initial contract;'';
(7) in clause (vii)--
(A) in subclause (IV), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subclause:
``(VI) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned by
an Alaska Native Corporation for
purposes of the initial contract;
and''; and
(8) in clause (viii)--
(A) in subclause (VII), by striking ``and'' at the
end;
(B) in subclause (VIII), by striking ``and'' at the
end; and
(C) by adding at the end the following new
subclauses:
``(IX) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned and
controlled by women for purposes of the
initial contract; and
``(X) that were awarded using a
procurement method that restricted
competition to small business concerns
owned and controlled by service-
disabled veterans, qualified HUBZone
small business concerns, small business
concerns owned and controlled by
socially and economically disadvantaged
individuals, or a subset of any such
concerns; and''.
(b) Effective Date.--The Administrator of the Small Business
Administration shall be required to report on the information required
by sections 15(h)(2)(E)(i)(V), 15(h)(2)(E)(ii)(VI),
15(h)(2)(E)(iii)(VII), 15(h)(2)(E)(iv)(VII), 15(h)(2)(E)(v)(VI),
15(h)(2)(E)(vi)(VI), 15(h)(2)(E)(vii)(VI), and 15(h)(2)(E)(viii)(IX)
only beginning on the date that the Federal Procurement Data System,
System for Award Management or any new or successor system is able to
report such data.
SEC. 1803. 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 by paragraph (2), the Administrator of
the General Services Administration shall
submit a report to the President and Congress,
and to make available on a public Web site, a
report in the same form and manner, and
including the same information, as the report
under paragraph (2). Such 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.''.
SEC. 1804. UNIFORMITY IN PROCUREMENT TERMINOLOGY.
(a) In General.--Section 15(j)(1) of the Small Business Act (15
U.S.C. 644(j)(1)) is amended by striking ``greater than $2,500 but not
greater than $100,000'' and inserting ``greater than the micro-purchase
threshold, but not greater than the simplified acquisition threshold''.
(b) Technical Amendment.--Section 3(m) of the Small Business Act
(15 U.S.C. 632(m)) is amended to read as follows:
``(m) Definitions Pertaining to Contracting.--In this Act:
``(1) Prime contract.--The term `prime contract' has the
meaning given such term in section 8701(4) of title 41, United
States Code.
``(2) Prime contractor.--The term `prime contractor' has
the meaning given such term in section 8701(5) of title 41,
United States Code.
``(3) Simplified acquisition threshold.--The term
`simplified acquisition threshold' has the meaning given such
term in section 134 of title 41, United States Code.
``(4) Micro-purchase threshold.--The term `micro-purchase
threshold' has the meaning given such term in section 1902(a)
of title 41, United States Code.
``(5) Total purchase and contracts for property and
services.--The term `total purchases and contracts for property
and services' shall mean total number and total dollar amount
of contracts and orders for property and services.''.
Subtitle B--Clarifying the Roles of Small Business Advocates
SEC. 1811. SCOPE OF REVIEW BY PROCUREMENT CENTER REPRESENTATIVES.
Section 15(l) of the Small Business Act (15 U.S.C. 644(l)) is
amended by adding at the end the following:
``(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 contract 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) may, 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 procurement is conducted
pursuant to section 22 of the Foreign Military Sales
Act (22 U.S.C. 2762), is a humanitarian operation as
defined in section 401(e) of title 10, United States
Code, or is for a contingency operation, as defined in
section 101(a)(13) of title 10, United States Code.''.
SEC. 1812. RESPONSIBILITIES OF COMMERCIAL MARKET REPRESENTATIVES.
Section 4(h) of the Small Business Act (as added by section 865 of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92)) is amended to read as follows:
``(h) Commercial Market Representatives.--
``(1) Duties.--The principal duties of a Commercial Market
Representative employed by the Administrator and reporting to
the senior official appointed by the Administrator with
responsibilities under sections 8, 15, 31, and 36 (or the
designee of such official) shall be to advance the policies
established in section 8(d)(1) relating to subcontracting. Such
duties shall include--
``(A) helping prime contractors to find small
business concerns that are capable of performing
subcontracts;
``(B) for contractors awarded contracts containing
the clause described in section 8(d)(3), providing--
``(i) counseling on the contractor's
responsibility to maximize subcontracting
opportunities for small business concerns;
``(ii) instruction on methods and tools to
identify potential subcontractors that are
small business concerns; and
``(iii) assistance to increase awards to
subcontractors that are small business concerns
through visits, training, and reviews of past
performance;
``(C) providing counseling on how a small business
concern may promote its capacity to contractors awarded
contracts containing the clause described in section
8(d)(3); and
``(D) conducting periodic reviews of contractors
awarded contracts containing the clause described in
section 8(d)(3) to assess compliance with
subcontracting plans required under section 8(d)(6).
``(2) Certification requirements.--
``(A) In general.--Consistent with the requirements
of subparagraph (B), a commercial market representative
referred to in section 15(q)(3) shall have a Level I
Federal Acquisition Certification in Contracting (or
any successor certification) or the equivalent
Department of Defense certification, except that a
commercial market representative who was serving on or
before the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2016 may
continue to serve as a commercial market representative
for a period of 5 years beginning on such date without
such a certification.
``(B) Delay of certification requirement.--
``(i) Timing.--The certification described
in subparagraph (A) is not required for any
person serving as a commercial market
representative until the date that is one
calendar year after the date such person is
appointed as a commercial market
representative.
``(ii) Application.--The requirements of
clause (i) shall be included in any initial job
posting for the position of a commercial market
representative and shall apply to any person
appointed as a commercial market representative
after November 25, 2015.''.
SEC. 1813. DUTIES OF THE OFFICE OF SMALL AND DISADVANTAGED BUSINESS
UTILIZATION.
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), as
amended by section 870 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92), 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 ``; and'';
(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, 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. 1814. 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 1813 of this Act) the
following:
``(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 inserting 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:
``(t) 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 extent to which assistance with
compliance with the requirements of contracting with
the Federal Government after award of a contract or
subcontract under this section.''.
SEC. 1815. RESPONSIBILITIES OF BUSINESS OPPORTUNITY SPECIALISTS.
Section 4(g) of the Small Business Act (as added by section 865 of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92)) is amended to read as follows:
``(g) Business Opportunity Specialists.--
``(1) Duties.--The exclusive duties of a Business
Opportunity Specialist employed by the Administrator and
reporting to the senior official appointed by the Administrator
with responsibilities under sections 8, 15, 31, and 36 (or the
designee of such official) shall be to implement sections 7, 8,
and 45 and to complete other duties related to contracting
programs under this Act. Such duties shall include--
``(A) with respect to small business concerns
eligible to receive contracts and subcontracts pursuant
to section 8(a)--
``(i) providing guidance, counseling, and
referrals for assistance with technical,
management, financial, or other matters that
will improve the competitive viability of such
concerns;
``(ii) identifying causes of success or
failure of such concerns;
``(iii) providing comprehensive assessments
of such concerns, including identifying the
strengths and weaknesses of such concerns;
``(iv) monitoring and documenting
compliance with the requirements of sections 7
and 8 and any regulations implementing those
sections;
``(v) explaining the requirements of
sections 7, 8, 15, 31, 36 and 45; and
``(vi) advising on compliance with
contracting regulations (including the Federal
Acquisition Regulation) after award of such a
contract or subcontract;
``(B) reviewing and monitoring compliance with
mentor-protege agreements under section 45;
``(C) representing the interests of the
Administrator and small business concerns in the award,
modification, and administration of contracts and
subcontracts awarded pursuant to section 8(a); and
``(D) reporting fraud or abuse under section 7, 8,
15, 31, 36 or 45 or any regulations implementing such
sections.
``(2) Certification requirements.--
``(A) In general.--Consistent with the requirements
of subparagraph (B), a Business Opportunity Specialist
described under section 7(j)(10)(D) shall have a Level
I Federal Acquisition Certification in Contracting (or
any successor certification) or the equivalent
Department of Defense certification, except that a
Business Opportunity Specialist who was serving on or
before January 3, 2013, may continue to serve as a
Business Opportunity Specialist for a period of 5 years
beginning on such date without such a certification.
``(B) Delay of certification requirement.--
``(i) Timing.--The certification described
in subparagraph (A) is not required for any
person serving as a Business Opportunity
Specialist until the date that is one calendar
year after the date such person is appointed as
a Business Opportunity Specialist.
``(ii) Application.--The requirements of
clause (i) shall be included in any initial job
posting for the position of a Business
Opportunity Specialist and shall apply to any
person appointed as a Business Opportunity
Specialist after January 3, 2013''.
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:
``(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)) is amended by inserting after paragraph
(19) (as inserted by section 1814 of this Act) the following:
``(20) shall review all subcontracting plans required by
section 8(d)(4) or 8(d)(5) 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)), as
amended by this Act, is further amended by adding at the end the
following new paragraph:
``(18) 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. 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 individual 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 individual 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 the small
business concern, the responses of the Office of Small
and Disadvantaged Business Utilization and the prime
contractor, and any additional information provided by
the small business 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 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; 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 a
Commercial Market Representative or other individual
designated by the senior official appointed by the
Administrator with responsibilities under sections 8,
15, 31, and 36.''.
Subtitle D--Mentor-Protege Programs
SEC. 1831. 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) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) prior to the approval of that agreement, the
Administrator of the Small Business Administration had made no
finding of affiliation between the mentor firm and the protege
firm;'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2)(A) the Administrator of the Small Business
Administration does not have a current finding of affiliation
between the mentor firm and protege firm; or
``(B) the Secretary, after considering the regulations
promulgated by the Administrator of the Small Business
Administration regarding affiliation--
``(i) does not have reason to believe that the
mentor firm affiliated with the protege firm; or
``(ii) has received a formal determination of no
affiliation between the mentor firm and protege firm
from the Administrator after having submitted a
question of affiliation to the Administrator; and'';
(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:
``(D) women's business centers described in section
29 of the Small Business Act (15 U.S.C. 656).''.
SEC. 1832. IMPROVING COOPERATION BETWEEN THE MENTOR-PROTEGE PROGRAMS OF
THE SMALL BUSINESS ADMINISTRATION AND THE DEPARTMENT OF
DEFENSE.
Section 45(b)(4) of the Small Business Act (15 U.S.C. 657r(b)(4))
is amended by striking subparagraph (A) and redesignating subparagraphs
(B) and (C) as subparagraphs (A) and (B), respectively.
Subtitle E--Women's Business Programs
SEC. 1841. OFFICE OF WOMEN'S BUSINESS OWNERSHIP.
Section 29(g) of the Small Business Act (15 U.S.C. 656(g)) is
amended--
(1) in paragraph (2), by striking subparagraphs (B) and (C)
and inserting the following:
``(B) Responsibilities.--The responsibilities of
the Assistant Administrator shall be to administer the
programs and services of the Office of Women's Business
Ownership.
``(C) Duties.--The Assistant Administrator shall
perform the following functions with respect to the
Office of Women's Business Ownership:
``(i) Recommend the annual administrative
and program budgets of the Office and eligible
entities receiving a grant under the Women's
Business Center Program.
``(ii) Review the annual budgets submitted
by each eligible entity receiving a grant under
the Women's Business Center Program.
``(iii) Select applicants to receive grants
to operate a women's business center after
reviewing information required by this section,
including the budget of each applicant.
``(iv) Collaborate with other Federal
departments and agencies, State and local
governments, not-for-profit organizations, and
for-profit enterprises to maximize utilization
of taxpayer dollars and reduce (or eliminate)
any duplication among the programs overseen by
the Office of Women's Business Ownership and
those of other entities that provide similar
services to women entrepreneurs.
``(v) Maintain a clearinghouse to provide
for the dissemination and exchange of
information between women's business centers.
``(vi) Serve as the vice chairperson of the
Interagency Committee on Women's Business
Enterprise and as the liaison for the National
Women's Business Council.''; and
(2) by adding at the end the following:
``(3) Mission.--The mission of the Office of Women's
Business Ownership shall be to assist women entrepreneurs to
start, grow, and compete in global markets by providing quality
support with access to capital, access to markets, job
creation, growth, and counseling by--
``(A) fostering participation of women
entrepreneurs in the economy by overseeing a network of
women's business centers throughout States and
territories;
``(B) creating public-private partnerships to
support women entrepreneurs and conduct outreach and
education to startup and existing small business
concerns owned and controlled by women; and
``(C) working with other programs overseen by the
Administrator to ensure women are well-represented and
being served and to identify gaps where participation
by women could be increased.
``(4) Accreditation program.--
``(A) Establishment.--Not later than 270 days after
the date of enactment of this paragraph, the
Administrator shall establish standards for an
accreditation program for accrediting eligible entities
receiving a grant under this section.
``(B) Transition provision.--Before the date on
which standards are established under subparagraph (A),
the Administrator may not terminate a grant under this
section absent evidence of fraud or other criminal
misconduct by the recipient.
``(C) Contracting authority.--The Administrator may
provide financial assistance, by contract or otherwise,
to a relevant national women's business center
representative association to provide assistance in
establishing the standards required under subparagraph
(A) or for carrying out an accreditation program
pursuant to such standards.''.
SEC. 1842. WOMEN'S BUSINESS CENTER PROGRAM.
(a) Definitions.--Section 29(a) of the Small Business Act (15
U.S.C. 656(a)) is amended--
(1) by striking paragraph (4);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following:
``(2) the term `eligible entity' means--
``(A) an organization described in section 501(c)
of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code;
``(B) a State, regional, or local economic
development organization, so long as the organization
certifies that grant funds received under this section
will not be commingled with other funds;
``(C) an institution of higher education, unless
such institution is currently receiving a grant under
section 21;
``(D) a development, credit, or finance corporation
chartered by a State, so long as the corporation
certifies that grant funds received under this section
will not be commingled with other funds; or
``(E) any combination of entities listed in
subparagraphs (A) through (D);''; and
(4) by adding at the end the following:
``(5) the term `women's business center' means the location
at which counseling and training on the management, operations
(including manufacturing, services, and retail), access to
capital, international trade, Government procurement
opportunities, and any other matter is needed to start,
maintain, or expand a small business concern owned and
controlled by women.''.
(b) Authority.--Section 29(b) of the Small Business Act (15 U.S.C.
656(b)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively, and adjusting
the margins accordingly;
(2) by striking ``The Administration'' and all that follows
through ``5-year projects'' and inserting the following:
``(1) In general.--There is established a Women's Business
Center Program under which the Administrator may provide a
grant to any eligible entity to operate one or more women's
business centers'';
(3) by striking ``The projects shall'' and inserting the
following:
``(2) Use of funds.--The women's business centers shall be
designed to provide counseling and training that meets the
needs of women, especially socially or economically
disadvantaged women, and shall''; and
(4) by adding at the end the following:
``(3) Amount of grants.--
``(A) In general.--The amount of a grant provided
under this subsection to an eligible entity per project
year shall be not more than $185,000 (as such amount is
annually adjusted by the Administrator to reflect the
change in inflation).
``(B) Additional grants.--
``(i) In general.--Notwithstanding
subparagraph (A), with respect to an eligible
entity that has received $185,000 in grants
under this subsection in a project year, the
Administrator may award an additional grant
under this subsection of up to $65,000 during
such project year if the Administrator
determines that the eligible entity--
``(I) agrees to obtain, after its
application has been approved and
notice of award has been issued, cash
contributions from non-Federal sources
of 1 non-Federal dollar for each
Federal dollar;
``(II) is in good standing with the
Women's Business Center Program; and
``(III) has met performance goals
for the previous project year, if
applicable.
``(ii) Limitations.--The Administrator may
only award additional grants under clause (i)--
``(I) during the 3rd and 4th
quarters of the fiscal year; and
``(II) from unobligated amounts
made available to the Administrator to
carry out this section.
``(4) Notice and comment required.--The Administrator may
only make a change to the standards by which an eligible entity
obtains or maintains grants under this section, the standards
for accreditation, or any other requirement for the operation
of a women's business center if the Administrator first
provides notice and the opportunity for public comment, as set
forth in section 553(b) of title 5, United States Code, without
regard to any exceptions provided for under such section.''.
(c) Conditions of Participation.--Section 29(c) of the Small
Business Act (15 U.S.C. 656(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``the recipient organization'' and
inserting ``an eligible entity''; and
(B) by striking ``financial assistance'' and
inserting ``a grant'';
(2) in paragraph (3)--
(A) by striking ``financial assistance authorized
pursuant to this section may be made by grant,
contract, or cooperative agreement and'' and inserting
``grants authorized pursuant to this section''; and
(B) in the second sentence, by striking ``a
recipient organization'' and inserting ``an eligible
entity'';
(3) in paragraph (4)--
(A) by striking ``recipient of assistance'' and
inserting ``eligible entity'';
(B) by striking ``during any project, it shall not
be eligible thereafter'' and inserting ``during any
project for 2 consecutive years, the eligible entity
shall not be eligible at any time after that 2-year
period'';
(C) by striking ``such organization'' and inserting
``the eligible entity''; and
(D) by striking ``the recipient'' and inserting
``the eligible entity''; and
(4) by adding at end the following:
``(5) Separation of project and funds.--An eligible entity
shall--
``(A) carry out a project under this section
separately from other projects, if any, of the eligible
entity; and
``(B) separately maintain and account for any
grants under this section.
``(6) Examination of eligible entities.--
``(A) Required site visit.--Each applicant, prior
to receiving a grant under this section, shall have a
site visit by an employee of the Administration, in
order to ensure that the applicant has sufficient
resources to provide the services for which the grant
is being provided.
``(B) Annual review.--An employee of the
Administration shall--
``(i) conduct an annual review of the
compliance of each eligible entity receiving a
grant under this section with the grant
agreement, including a financial examination;
and
``(ii) provide such review to the eligible
entity as required under subsection (l).
``(7) Remediation of problems.--
``(A) Plan of action.--If a review of an eligible
entity under paragraph (6)(B) identifies any problems,
the eligible entity shall, within 45 calendar days of
receiving such review, provide the Assistant
Administrator with a plan of action, including specific
milestones, for correcting such problems.
``(B) Plan of action review by the assistant
administrator.--The Assistant Administrator shall
review each plan of action submitted under subparagraph
(A) within 30 calendar days of receiving such plan
and--
``(i) if the Assistant Administrator
determines that such plan will bring the
eligible entity into compliance with all the
terms of the grant agreement, approve such
plan;
``(ii) if the Assistant Administrator
determines that such plan is inadequate to
remedy the problems identified in the annual
review to which the plan of action relates, the
Assistant Administrator shall set forth such
reasons in writing and provide such
determination to the eligible entity within 15
calendar days of such determination.
``(C) Amendment to plan of action.--An eligible
entity receiving a determination under subparagraph
(B)(ii) shall have 30 calendar days from the receipt of
the determination to amend the plan of action to
satisfy the problems identified by the Assistant
Administrator and resubmit such plan to the Assistant
Administrator.
``(D) Amended plan review by the assistant
administrator.--Within 15 calendar days of the receipt
of an amended plan of action under subparagraph (C),
the Assistant Administrator shall either approve or
reject such plan and provide such approval or rejection
in writing to the eligible entity.
``(E) Appeal of assistant administrator
determination.--
``(i) In general.--If the Assistant
Administrator rejects an amended plan under
subparagraph (D), the eligible entity shall
have the opportunity to appeal such decision to
the Administrator, who may delegate such appeal
to an appropriate officer of the
Administration.
``(ii) Opportunity for explanation.--Any
appeal described under clause (i) shall provide
an opportunity for the eligible entity to
provide, in writing, an explanation of why the
eligible entity's plan remedies the problems
identified in the annual review.
``(iii) Notice of determination.--The
determination of the appeal shall be provided
to the eligible entity, in writing, within 15
calendar days from the eligible entity's filing
of the appeal.
``(iv) Effect of failure to act.--If the
Administrator fails to act on an appeal made
under this subparagraph within the 15 calendar
day period specified under clause (iii), the
eligible entity's amended plan of action
submitted under subparagraph (C) shall be
deemed to be approved.
``(8) Termination of grant.--
``(A) In general.--The Administrator shall require
that, if an eligible entity fails to comply with a plan
of action approved by the Assistant Administrator under
paragraph (7)(B)(i) or an amended plan of action
approved by the Assistant Administrator under paragraph
(7)(D) or approved on appeal under paragraph (7)(E),
the Assistant Administrator shall terminate the grant
provided to the eligible entity under this section.
``(B) Appeal of termination.--An eligible entity
that has a grant terminated under subparagraph (A)
shall have the opportunity to challenge the termination
on the record and after an opportunity for a hearing.
``(C) Final agency action.--The determination made
pursuant to subparagraph (B) shall be considered final
agency action for the purposes of chapter 7, title 5,
United States Code.''.
(d) Submission of 5-year Plan.--Section 29(e) of the Small Business
Act (15 U.S.C. 656(e)) is amended--
(1) by striking ``applicant organization'' and inserting
``eligible entity'';
(2) by striking ``a recipient organization'' and inserting
``an eligible entity'';
(3) by striking ``financial assistance'' and inserting
``grants''; and
(4) by striking ``site''.
(e) Applications and Criteria for Initial Grant.--Subsection (f) of
section 29 of the Small Business Act (15 U.S.C. 656) is amended to read
as follows:
``(f) Applications and Criteria for Initial Grant.--
``(1) Application.--Each eligible entity desiring a grant
under subsection (b) shall submit to the Administrator an
application that contains--
``(A) a certification that the eligible entity--
``(i) has designated an executive director
or program manager, who may be compensated
using grant funds under subsection (b) or other
sources, to manage the women's business center
for which a grant under subsection (b) is
sought;
``(ii) meets the accounting and reporting
requirements established by the Director of the
Office of Management and Budget;
``(B) information demonstrating that the eligible
entity has the ability and resources to meet the needs
of the market to be served by the women's business
center, including the ability to obtain the non-Federal
contribution required under subsection (c);
``(C) information relating to the assistance to be
provided by the women's business center in the area in
which the women's business center is located;
``(D) information demonstrating the experience and
effectiveness of the eligible entity in--
``(i) conducting the services described
under subsection (a)(5);
``(ii) providing training and services to a
representative number of women who are socially
or economically disadvantaged; and
``(iii) working with resource partners of
the Administration and other entities, such as
universities; and
``(E) a 5-year plan that describes the ability of
the eligible entity to provide the services described
under subsection (a)(3), including to a representative
number of women who are socially or economically
disadvantaged.
``(2) Review and approval of applications for initial
grants.--
``(A) Review and selection of eligible entities.--
``(i) In general.--The Administrator shall
review applications to determine whether the
applicant can meet obligations to perform the
activities required by a grant under this
section, including--
``(I) the experience of the
applicant in conducting activities
required by this section;
``(II) the amount of time needed
for the applicant to commence
operations should it be awarded a
grant;
``(III) the capacity of the
applicant to meet the accreditation
standards established by the
Administrator in a timely manner;
``(IV) the ability of the applicant
to sustain operations for more than 5
years (including its ability to obtain
sufficient non-Federal funds for that
period);
``(V) the location of the women's
business center and its proximity to
other grant recipients under this
section; and
``(VI) the population density of
the area to be served by the women's
business center.
``(ii) Selection criteria.--
``(I) Guidance.--The Administrator
shall issue guidance (after providing
an opportunity for notice and comment)
to specify the criteria for review and
selection of applicants under this
subsection.
``(II) Modifications prohibited
after announcement.--With respect to a
public announcement of any opportunity
to be awarded a grant under this
section made by the Administrator
pursuant to subsection (l)(1), the
Administrator may not modify guidance
issued pursuant to subclause (I) with
respect to such opportunity unless
required to do so by an Act of Congress
or an order of a Federal court.
``(III) Rule of construction.--
Nothing in this clause may be construed
as prohibiting the Administrator from
modifying the guidance issued pursuant
to subclause (I) (after providing an
opportunity for notice and comment) as
such guidance applies to an opportunity
to be awarded a grant under this
section that the Administrator has not
yet publicly announced pursuant to
subsection (l)(1).
``(B) Record retention.--
``(i) In general.--The Administrator shall
maintain a copy of each application submitted
under this subsection for not less than 5
years.
``(ii) Paperwork reduction.--The
Administrator shall take steps to reduce, to
the maximum extent practicable, the paperwork
burden associated with carrying out clause
(i).''.
(f) Notification Requirements Under the Women's Business Center
Program.--Section 29 of the Small Business Act (15 U.S.C. 656) is
amended by inserting after subsection (k) the following:
``(l) Notification Requirements Under the Women's Business Center
Program.--The Administrator shall provide--
``(1) a public announcement of any opportunity to be
awarded grants under this section, and such announcement shall
include the standards by which such award will be made,
including the guidance issued pursuant to subsection
(f)(2)(A)(ii);
``(2) the opportunity for any applicant for a grant under
this section that failed to obtain such a grant a debriefing
with the Assistant Administrator to review the reasons for the
applicant's failure; and
``(3) with respect to any site visit or evaluation of an
eligible entity receiving a grant under this section that is
carried out by an officer or employee of the Administration
(other than the Inspector General), a copy of the site visit
report or evaluation, as applicable, within 30 calendar days of
the completion of such vision or evaluation.''.
(g) Continued Funding for Centers.--Section 29(m) of the Small
Business Act (15 U.S.C. 656(m)) is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) Application and approval for continuation grants.--
``(A) Solicitation of applications.--The
Administrator shall solicit applications and award
continuation grants under this subsection for the first
fiscal year beginning after the date of enactment of
this paragraph, and every third fiscal year thereafter.
``(B) Contents of application.--Each eligible
entity desiring a grant under this subsection shall
submit to the Administrator an application that
contains--
``(i) a certification that the applicant--
``(I) is an eligible entity;
``(II) has designated an executive
director or program manager to manage
the women's business center operated by
the applicant; and
``(III) as a condition of receiving
a grant under this subsection, agrees--
``(aa) to receive a site
visit as part of the final
selection process, at the
discretion of the
Administrator; and
``(bb) to remedy any
problem identified pursuant to
the site visit under item (aa);
``(ii) information demonstrating that the
applicant has the ability and resources to meet
the needs of the market to be served by the
women's business center for which a grant under
this subsection is sought, including the
ability to obtain the non-Federal contribution
required under paragraph (4)(C);
``(iii) information relating to assistance
to be provided by the women's business center
in the geographic area served by the women's
business center for which a grant under this
subsection is sought;
``(iv) information demonstrating that the
applicant has worked with resource partners of
the Administration and other entities;
``(v) a 3-year plan that describes the
services provided by the women's business
center for which a grant under this subsection
is sought--
``(I) to serve women who are
business owners or potential business
owners by conducting training and
counseling activities; and
``(II) to provide training and
services to a representative number of
women who are socially or economically
disadvantaged; and
``(vi) any additional information that the
Administrator may reasonably require.
``(C) Review and approval of applications for
grants.--
``(i) In general.--The Administrator--
``(I) shall review each application
submitted under subparagraph (B), based
on the information described in such
subparagraph and the criteria set forth
under clause (ii) of this subparagraph;
and
``(II) as part of the final
selection process, may, at the
discretion of the Administrator,
conduct a site visit to each women's
business center for which a grant under
this subsection is sought, in
particular to evaluate the women's
business center using the selection
criteria described in clause (ii)(II).
``(ii) Selection criteria.--
``(I) In general.--The
Administrator shall evaluate applicants
for grants under this subsection in
accordance with selection criteria that
are--
``(aa) established before
the date on which applicants
are required to submit the
applications;
``(bb) stated in terms of
relative importance; and
``(cc) publicly available
and stated in each solicitation
for applications for grants
under this subsection made by
the Administrator.
``(II) Required criteria.--The
selection criteria for a grant under
this subsection shall include--
``(aa) the total number of
entrepreneurs served by the
applicant;
``(bb) the total number of
new startup companies assisted
by the applicant;
``(cc) the percentage of
clients of the applicant that
are socially or economically
disadvantaged;
``(dd) the percentage of
individuals in the community
served by the applicant who are
socially or economically
disadvantaged;
``(ee) the successful
accreditation of the applicant
under the accreditation program
developed under subsection
(g)(5); and
``(ff) any additional
criteria that the Administrator
may reasonably require.
``(iii) Conditions for continued funding.--
In determining whether to make a grant under
this subsection, the Administrator--
``(I) shall consider the results of
the most recent evaluation of the
women's business center for which a
grant under this subsection is sought,
and, to a lesser extent, previous
evaluations; and
``(II) may withhold a grant under
this subsection, if the Administrator
determines that the applicant has
failed to provide the information
required to be provided under this
paragraph, or the information provided
by the applicant is inadequate.
``(D) Notification.--Not later than 60 calendar
days after the date of each deadline to submit
applications under this paragraph, the Administrator
shall approve or deny each submitted application and
notify the applicant for each such application of the
approval or denial.
``(E) Record retention.--
``(i) In general.--The Administrator shall
maintain a copy of each application submitted
under this paragraph for not less than 5 years.
``(ii) Paperwork reduction.--The
Administrator shall take steps to reduce, to
the maximum extent practicable, the paperwork
burden associated with carrying out clause
(i).''; and
(2) by striking paragraph (5) and inserting the following:
``(5) Award to previous recipients.--There shall be no
limitation on the number of times the Administrator may award a
grant to an applicant under this subsection.''.
(h) Technical and Conforming Amendments.--Section 29 of the Small
Business Act (15 U.S.C. 656) is amended--
(1) in subsection (h)(2), by striking ``to award a contract
(as a sustainability grant) under subsection (l) or'';
(2) in subsection (j)(1), by striking ``The
Administration'' and inserting ``Not later than November 1 of
each year, the Administrator'';
(3) in subsection (k)--
(A) by striking paragraphs (1) and (4);
(B) by inserting before paragraph (2) the
following:
``(1) In general.--There are authorized to be appropriated
to the Administration to carry out this section, to remain
available until expended, $21,750,000 for each of fiscal years
2017 through 2020.''; and
(C) in paragraph (2), by striking subparagraph (B)
and inserting the following:
``(B) Exceptions.--Of the amount made available
under this subsection for a fiscal year, the following
amounts shall be available for selection panel costs,
costs associated with maintaining an accreditation
program, and post-award conference costs:
``(i) For the first fiscal year beginning
after the date of the enactment of this
subparagraph, 2.65 percent.
``(ii) For the second fiscal year beginning
after the date of the enactment of this
subparagraph and each fiscal year thereafter
through fiscal year 2020, 2.5 percent.''; and
(4) in subsection (m)--
(A) in paragraph (2), by striking ``subsection (b)
or (l)'' and inserting ``this subsection or subsection
(b)''; and
(B) in paragraph (4)(D), by striking ``or
subsection (l)''.
(i) Effect on Existing Grants.--
(1) Terms and conditions.--A nonprofit organization
receiving a grant under section 29(m) of the Small Business Act
(15 U.S.C. 656(m)), as in effect on the day before the date of
enactment of this title, shall continue to receive the grant
under the terms and conditions in effect for the grant on the
day before the date of enactment of this title, except that the
nonprofit organization may not apply for a continuation of the
grant under section 29(m)(5) of the Small Business Act (15
U.S.C. 656(m)(5)), as in effect on the day before the date of
enactment of this title.
(2) Length of continuation grant.--The Administrator of the
Small Business Administration may award a grant under section
29(m) of the Small Business Act to a nonprofit organization
receiving a grant under section 29(m) of the Small Business Act
(15 U.S.C. 656(m)), as in effect on the day before the date of
enactment of this title, for the period--
(A) beginning on the day after the last day of the
grant agreement under such section 29(m); and
(B) ending at the end of the third fiscal year
beginning after the date of enactment of this title.
SEC. 1843. MATCHING REQUIREMENTS UNDER WOMEN'S BUSINESS CENTER PROGRAM.
Section 29(c) of the Small Business Act (15 U.S.C. 656(c)), as
amended by this Act, is amended--
(1) in paragraph (1), by striking ``As a condition'' and
inserting ``Subject to paragraph (6), as a condition''; and
(2) by adding at the end the following:
``(9) Waiver of non-federal share.--
``(A) In general.--Upon request by an eligible
entity, and in accordance with this paragraph, the
Administrator may waive, in whole or in part, the
requirement to obtain non-Federal funds under this
subsection for counseling and training activities of
the eligible entity carried out using a grant under
this section for a fiscal year. The Administrator may
not waive the requirement for an eligible entity to
obtain non-Federal funds under this paragraph for more
than a total of 2 consecutive fiscal years.
``(B) Considerations.--In determining whether to
waive the requirement to obtain non-Federal funds under
this paragraph, the Administrator shall consider--
``(i) the economic conditions affecting the
eligible entity;
``(ii) the impact a waiver under this
paragraph would have on the credibility of the
Women's Business Center Program under this
section;
``(iii) the demonstrated ability of the
eligible entity to raise non-Federal funds; and
``(iv) the performance of the eligible
entity.
``(C) Limitation.--The Administrator may not waive
the requirement to obtain non-Federal funds under this
paragraph if granting the waiver would undermine the
credibility of the Women's Business Center Program.
``(10) Solicitation.--Notwithstanding any other provision
of law, eligible entity may--
``(A) solicit cash and in-kind contributions from
private individuals and entities to be used to carry
out the activities of the eligible entity under the
project conducted under this section; and
``(B) use amounts made available by the
Administrator under this section for the cost of such
solicitation and management of the contributions
received.
``(11) Excess non-federal dollars.--The amount of non-
Federal dollars obtained by an eligible entity that is above
the amount that is required to be obtained by the eligible
entity under this subsection shall not be subject to the
requirements of part 200 of title 2, Code of Federal
Regulations, or any successor thereto, if such amount of non-
Federal dollars--
``(A) is not used as matching funds for purposes of
implementing the Women's Business Center Program; and
``(B) was not obtained using funds from the Women's
Business Center Program.''.
Subtitle F--SCORE Program
SEC. 1851. SCORE REAUTHORIZATION.
Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended--
(1) by redesignating subsection (j) as subsection (f); and
(2) by adding at the end the following:
``(g) SCORE Program.--There are authorized to be appropriated to
the Administrator to carry out the SCORE program authorized by section
8(b)(1) such sums as are necessary for the Administrator to make grants
or enter into cooperative agreements in a total amount that does not
exceed $10,500,000 in each of fiscal years 2017 and 2018.''.
SEC. 1852. SCORE PROGRAM.
Section 8 of the Small Business Act (15 U.S.C. 637) is amended--
(1) in subsection (b)(1)(B), by striking ``a Service Corps
of Retired Executives (SCORE)'' and inserting ``the SCORE
program described in subsection (c)''; and
(2) by striking subsection (c) and inserting the following:
``(c) SCORE Program.--
``(1) Definition.--In this subsection:
``(A) SCORE association.--The term `SCORE
Association' means the Service Corps of Retired
Executives Association or any successor or other
organization who receives a grant from the
Administrator to operate the SCORE program under
paragraph (2)(A).
``(B) SCORE program.--The term `SCORE program'
means the SCORE program authorized by subsection
(b)(1)(B).
``(2) Management and volunteers.--
``(A) In general.--The Administrator shall provide
a grant to the SCORE Association to manage the SCORE
program.
``(B) Volunteers.--A volunteer participating in the
SCORE program shall--
``(i) based on the business experience and
knowledge of the volunteer--
``(I) provide at no cost to
individuals who own, or aspire to own,
small business concerns personal
counseling, mentoring, and coaching
relating to the process of starting,
expanding, managing, buying, and
selling a business; and
``(II) facilitate low-cost
education workshops for individuals who
own, or aspire to own, small business
concerns; and
``(ii) as appropriate, use tools,
resources, and expertise of other organizations
to carry out the SCORE program.
``(3) Plans and goals.--The Administrator, in consultation
with the SCORE Association, shall ensure that the SCORE program
and each chapter of the SCORE program develop and implement
plans and goals to more effectively and efficiently provide
services to individuals in rural areas, economically
disadvantaged communities, and other traditionally underserved
communities, including plans for electronic initiatives, web-
based initiatives, chapter expansion, partnerships, and the
development of new skills by volunteers participating in the
SCORE program.
``(4) Annual report.--The SCORE Association shall submit to
the Administrator an annual report that contains--
``(A) the number of individuals counseled or
trained under the SCORE program;
``(B) the number of hours of counseling provided
under the SCORE program; and
``(C) to the extent possible--
``(i) the number of small business concerns
formed with assistance from the SCORE program;
``(ii) the number of small business
concerns expanded with assistance from the
SCORE program; and
``(iii) the number of jobs created with
assistance from the SCORE program.
``(5) Privacy requirements.--
``(A) In general.--Neither the Administrator nor
the SCORE Association may disclose the name, address,
or telephone number of any individual or small business
concern receiving assistance from the SCORE Association
without the consent of such individual or small
business concern, unless--
``(i) the Administrator is ordered to make
such a disclosure by a court in any civil or
criminal enforcement action initiated by a
Federal or State agency; or
``(ii) the Administrator determines such a
disclosure to be necessary for the purpose of
conducting a financial audit of the SCORE
program, in which case disclosure shall be
limited to the information necessary for the
audit.
``(B) Administrator use of information.--This
paragraph shall not--
``(i) restrict the access of the
Administrator to program activity data; or
``(ii) prevent the Administrator from using
client information to conduct client surveys.
``(C) Standards.--
``(i) In general.--The Administrator shall,
after the opportunity for notice and comment,
establish standards for--
``(I) disclosures with respect to
financial audits under subparagraph
(A)(ii); and
``(II) conducting client surveys,
including standards for oversight of
the surveys and for dissemination and
use of client information.
``(ii) Maximum privacy protection.--The
standards issued under this subparagraph shall,
to the extent practicable, provide for the
maximum amount of privacy protection.''.
SEC. 1853. ONLINE COMPONENT.
(a) In General.--Section 8(c) of the Small Business Act (15 U.S.C.
637(c)), as amended by section 1852, is further amended by adding at
the end the following:
``(6) Online component.--In carrying out this subsection,
the SCORE Association shall make use of online counseling,
including by developing and implementing webinars and an
electronic mentoring platform to expand access to services
provided under this subsection and to further support
entrepreneurs.''.
(b) Online Component Report.--
(1) In general.--At the end of fiscal year 2018, the SCORE
Association shall issue a report to the Committee on Small
Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate on the
effectiveness of the online counseling and webinars required as
part of the SCORE program, including--
(A) how the SCORE Association determines electronic
mentoring and webinar needs, develops training for
electronic mentoring, establishes webinar criteria
curricula, and evaluates webinar and electronic
mentoring results;
(B) describing the internal controls that are used
and a summary of the topics covered by the webinars;
and
(C) performance metrics, including the number of
small business concerns counseled by, the number of
small business concerns created by, the number of jobs
created and retained by, and the funding amounts
directed towards such online counseling and webinars.
(2) Definitions.--For purposes of this subsection, the
terms ``SCORE Association'' and ``SCORE program'' have the
meaning given those terms, respectively, under section 8(c)(1)
of the Small Business Act (15 U.S.C. 637(c)(1)).
SEC. 1854. STUDY AND REPORT ON THE FUTURE ROLE OF THE SCORE PROGRAM.
(a) Study.--The SCORE Association shall carry out a study on the
future role of the SCORE program and develop a strategic plan for how
the SCORE program will evolve to meet the needs of small business
concerns and potential future small business concerns over the course
of the 5 years following the date of enactment of this Act, with
markers and specific objectives for year 1, year 3, and year 5.
(b) Report.--Not later than the end of the 6-month period beginning
on the date of the enactment of this Act, the SCORE Association shall
issue a report to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate containing--
(1) all findings and determination made in carrying out the
study required under subsection (a);
(2) the strategic plan developed under subsection (a);
(3) an explanation of how the SCORE Association plans to
achieve the strategic plan, assuming both stagnant and
increased funding levels.
(c) Definitions.--For purposes of this section, the terms ``SCORE
Association'' and ``SCORE program'' have the meaning given those terms,
respectively, under section 8(c)(1) of the Small Business Act (15
U.S.C. 637(c)(1)).
SEC. 1855. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Small Business Act.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended--
(1) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C.
636(m)(3)(A)(i)(VIII)), by striking ``Service Corps of Retired
Executives'' and inserting ``SCORE program''; and
(2) in section 22 (15 U.S.C. 649)--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``Service
Corps of Retired Executives'' and inserting
``SCORE program''; and
(ii) in paragraph (3), by striking
``Service Corps of Retired Executives'' and
inserting ``SCORE program''; and
(B) in subsection (c)(12), by striking ``Service
Corps of Retired Executives'' and inserting ``SCORE
program''.
(b) Other Laws.--
(1) Section 621 of the Children's Health Insurance Program
Reauthorization Act of 2009 (15 U.S.C. 657p) is amended--
(A) in subsection (a), by striking paragraph (4)
and inserting the following:
``(4) the term `SCORE program' means the SCORE program
authorized by section 8(b)(1)(B) of the Small Business Act (15
U.S.C. 637(b)(1)(B));''; and
(B) in subsection (b)(4)(A)(iv), by striking
``Service Corps of Retired Executives'' and inserting
``SCORE program''.
(2) Section 337(d)(2)(A) of the Energy Policy and
Conservation Act (42 U.S.C. 6307(d)(2)(A)) is amended by
striking ``Service Corps of Retired Executives (SCORE)'' and
inserting ``SCORE program''.
Subtitle G--Miscellaneous Provisions
SEC. 1861. 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 this Act, is further
amended by adding at the end the following new subsection:
``(u) 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 changes to this Act; and
``(2) any materials the Administrator has developed to
explain, train, or assist Federal agencies or departments or
small business concerns to comply with the regulations
specified in paragraph (1).''.
(b) Training to Be Updated.--Upon receipt of information from the
Administrator of the Small Business Administration pursuant to section
15(u) of the Small Business Act, the Defense Acquisition University (as
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.
SEC. 1862. PROTECTING TASK ORDER COMPETITION.
Section 4106(f) of title 41, United States Code, is amended by
striking paragraph (3).
SEC. 1863. 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 under
subsection (a) are 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. 1864. 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 Act, is further amended by adding at
the end the following new paragraph:
``(8)(A) If the Secretary does not verify a concern for inclusion
in the database under this subsection based on 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; and
``(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 submitted an offer 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 title.
SEC. 1865. REQUIRED REPORTS PERTAINING TO CAPITAL PLANNING AND
INVESTMENT CONTROL.
The Administrator of the Small Business Administration shall
submit to the Senate Committee on Small Business and Entrepreneurship
and the Committee on Small Business of the House of Representatives the
information described in section 11302(c)(3)(B)(ii) of title 40, United
States Code, within 10 days of transmittal to the Director.
SEC. 1866. 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.),
title 13 of the Code of Federal Regulations,
and such other matters as the Administrator may
determine appropriate.
``(ii) Exception.--The Office of Hearings
and Appeals shall not adjudicate disputes
requiring a hearing on the record, except
disputes pertaining to the small business
programs described in this Act.''.
(b) New Procedures 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:
``(E) Procedures.--The Office of Hearings and
Appeals shall begin accepting petitions for
reconsideration described in subparagraph (A) upon the
effective date of the procedures 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 procedures
shall be considered timely if filed within 30 days of
such effective date.''.
SEC. 1867. ISSUANCE OF GUIDANCE ON SMALL BUSINESS MATTERS.
Not later than 180 days after the date of enactment of this title,
the Administrator of the Small Business Administration shall issue
guidance pertaining to the amendments made by this Act to the Small
Business Act by this title. The Administrator shall provide notice and
opportunity for comment on such guidance for a period of not less than
60 days.
SEC. 1868. ROLE OF SMALL BUSINESS DEVELOPMENT CENTERS IN CYBER SECURITY
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
1871(b) of the National Defense Authorization Act for Fiscal
Year 2017:''; and
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (E), by striking
``and'' at the end;
(ii) in subparagraph (F), by striking the
period and inserting ``; and''; and
(iii) by adding at the end of the
following:
``(G) access to cyber security specialists to counsel,
assist, and inform small business concern clients, in
furtherance of the Small Business Development Center Cyber
Strategy developed under section.''.
SEC. 1869. ADDITIONAL CYBER SECURITY 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:
``(8) Cyber security assistance.--The Department of
Homeland Security, and any other Federal department or agency
in coordination with the Department of Homeland Security, may
provide assistance to small business development centers,
through the dissemination of cybersecurity risk information and
other homeland security information, to help small business
concerns in developing or enhancing cyber security
infrastructure, cyber threat awareness, and cyber training
programs for employees.''.
SEC. 1869A. 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:
``(l) Cybersecurity Outreach.--
``(1) In general.--The Secretary may provide assistance to
small business development centers, through the dissemination
of cybersecurity risk information and other homeland security
information, to help small business concerns in developing or
enhancing cyber security infrastructure, cyber threat
awareness, 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. 1869B. GAO STUDY ON SMALL BUSINESS CYBER SUPPORT SERVICES AND
SMALL BUSINESS DEVELOPMENT CENTER CYBER STRATEGY.
(a) Review of Current Cyber Security Resources.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of current cyber security
resources at the Federal level aimed at assisting small
business concerns with developing or enhancing cyber security
infrastructure, cyber threat awareness, or cyber training
programs for employees.
(2) Content.--The review required under paragraph (1) shall
include the following:
(A) An accounting and description of all Federal
Government programs, projects, and activities that
currently provide assistance to small business concerns
in developing or enhancing cyber security
infrastructure, cyber threat awareness, or cyber
training programs for employees.
(B) An assessment of how widely utilized the
resources described under subparagraph (A) are by small
business concerns and a review of whether or not such
resources are duplicative of other programs and
structured in a manner that makes them accessible to
and supportive of small business concerns.
(3) Report.--The Comptroller General shall issue a report
to the Congress, the Small Business Administrator, the
Secretary of Homeland Security, and any association recognized
under section 21(a)(3)(A) of the Small Business Act containing
all findings and determinations made in carrying out the review
required under paragraph (1).
(b) Small Business Development Center Cyber Strategy.--
(1) In general.--Not later than 90 days after the issuance
of the report under subsection (a)(3), the Small Business
Administrator and the Secretary of Homeland Security shall work
collaboratively to develop a Small Business Development Center
Cyber Strategy.
(2) Consultation.--In developing the strategy under this
subsection, the Small Business Administrator 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.
(3) Content.--The strategy required under paragraph (1)
shall include, at minimum, the following:
(A) Plans for incorporating small business
development centers (hereinafter in this section
referred to as ``SBDCs'') into existing cyber programs
to enhance services and streamline cyber assistance to
small business concerns.
(B) To the extent practicable, methods for the
provision of counsel and assistance to improve a small
business concern's cyber security infrastructure, cyber
threat awareness, and cyber training programs for
employees, including--
(i) working to ensure individuals are aware
of best practices in the areas of cyber
security, cyber threat awareness, 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 cyber information
sharing entities to gain an awareness of
actionable threat information 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 identified by the
Comptroller General in the report issued under
subsection (a)(1) 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 ones 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 180 days after
the issuance of the report under subsection (a)(3), the Small
Business Development Center Cyber Strategy shall be issued 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.
SEC. 1869C. PROHIBITION ON ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated to carry out
sections 1868 through 1869B or the amendments made by such sections.
Subtitle H--Small Business Development Centers Improvements
SEC. 1871. SHORT TITLE.
This subtitle may be cited as the ``Small Business Development
Centers Improvement Act of 2016''.
SEC. 1872. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT PROGRAMS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding
at the end the following:
``SEC. 48. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT PROGRAMS.
``(a) Expanded Support for Entrepreneurs.--
``(1) In general.--Notwithstanding any other provision of
law, the Administrator shall only use the programs authorized
in sections 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, and 32 of
this Act, and sections 358 and 389 of the Small Business
Investment Act to deliver entrepreneurial development services,
entrepreneurial education, support for the development and
maintenance of clusters, or business training.
``(2) Exception.--This section shall not apply to services
provided to assist small business concerns owned by an Indian
tribe (as such term is defined in section 8(a)(13)).
``(b) Annual Report.--Beginning on the first December 1 after the
date of enactment of this subsection, the Administrator shall annually
report to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate on all entrepreneurial development
activities undertaken in the current fiscal year. This report shall
include--
``(1) a description and operating details for each program
and activity;
``(2) operating circulars, manuals, and standard operating
procedures for each program and activity;
``(3) a description of the process used to award grants
under each program and activity;
``(4) a list of all awardees, contractors, and vendors
(including organization name and location) and the amount of
awards for the current fiscal year for each program and
activity;
``(5) the amount of funding obligated for the current
fiscal year for each program and activity; and
``(6) the names and titles for those individuals
responsible for each program and activity.''.
SEC. 1873. MARKETING OF SERVICES.
Section 21 of the Small Business Act (15 U.S.C. 648) is amended by
adding at the end the following:
``(o) No Prohibition of Marketing of Services.--The Administrator
shall not prohibit applicants receiving grants under this section from
marketing and advertising their services to individuals and small
business concerns.''.
SEC. 1874. DATA COLLECTION.
(a) In General.--Section 21(a)(3)(A) of the Small Business Act (15
U.S.C. 648(a)(3)(A)) is amended--
(1) by striking ``as provided in this section and'' and
inserting ``as provided in this section,''; and
(2) by inserting before the period at the end the
following: ``, and (iv) governing data collection activities
related to applicants receiving grants under this section''.
(b) Annual Report on Data Collection.--Section 21 of the Small
Business Act (15 U.S.C. 648), as amended by section 1873 of this Act,
is further amended by adding at the end the following:
``(p) Annual Report on Data Collection.--The Administrator shall
report annually to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate on any data collection activities
related to the Small Business Development Center program.''.
(c) Working Group to Improve Data Collection.--
(1) Establishment and study.--The Administrator of the
Small Business Administration shall establish a Data Collection
Working Group consisting of members from entrepreneurial
development grant recipients associations and organizations and
Administration officials, to carry out a study to determine the
best way to capture data collection and create or revise
existing systems dedicated to data collection.
(2) Report.--Not later than the end of the 180-day period
beginning on the date of the enactment of this Act, the Data
Collection Working Group shall issue a report to the Committee
on Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate
containing the findings and determinations made in carrying out
the study required under paragraph (1), including--
(A) recommendations for revising existing data
collection practices; and
(B) a proposed plan for the Small Business
Administration to implement such recommendations.
SEC. 1875. FEES FROM PRIVATE PARTNERSHIPS AND COSPONSORSHIPS.
Section 21(a)(3) of the Small Business Act (15 U.S.C.
648(a)(3)(C)), as amended by section 1874, is further amended by adding
at the end the following:
``(D) Fees From Private Partnerships and Cosponsorships.--
Participation in private partnerships and cosponsorships with the
Administration shall not limit small business development centers from
collecting fees or other income related to the operation of such
private partnerships and cosponsorships.''.
SEC. 1876. EQUITY FOR SMALL BUSINESS DEVELOPMENT CENTERS.
Subclause (I) of section 21(a)(4)(C)(v) of the Small Business Act
(15 U.S.C. 648(a)(4)(C)(v)) is amended to read as follows:
``(I) In general.--Of the amounts
made available in any fiscal year to
carry out this section not more than
$600,000 may be used by the
Administration to pay expenses
enumerated in subparagraphs (B) through
(D) of section 20(a)(1).''.
SEC. 1877. CONFIDENTIALITY REQUIREMENTS.
Section 21(a)(7)(A) of the Small Business Act (15 U.S.C.
648(a)(7)(A)) is amended by inserting after ``under this section'' the
following: ``to any State, local or Federal agency, or third party''.
SEC. 1878. LIMITATION ON AWARD OF GRANTS TO SMALL BUSINESS DEVELOPMENT
CENTERS.
(a) In General.--Section 21 of the Small Business Act (15 U.S.C.
648), as amended by section 1874, is further amended--
(1) in subsection (a)(1), by striking ``any women's
business center operating pursuant to section 29,'';
(2) by adding at the end the following:
``(q) Limitation on Award of Grants.--Except for not-for-profit
institutions of higher education, and notwithstanding any other
provision of law, the Administrator may not award grants (including
contracts and cooperative agreements) under this section to any entity
other than those that received grants (including contracts and
cooperative agreements) under this section prior to the date of the
enactment of this subsection, and that seek to renew such grants
(including contracts and cooperative agreements) after such date.''.
(b) Rule of Construction.--The amendments made by this section may
not be construed as prohibiting a women's business center from
receiving a subgrant from an entity receiving a grant under section 21
of the Small Business Act (15 U.S.C. 648).
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.
(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.......... $129,600,000
Fort Stewart.......... $14,800,000
Hawaii........................ Fort Shafter.......... $40,000,000
Missouri...................... Fort Leonard Wood..... $6,900,000
Texas......................... Fort Hood............. $7,600,000
Utah.......................... Camp Williams......... $7,400,000
Virginia...................... Fort Belvoir.......... $23,000,000
------------------------------------------------------------------------
(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 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
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland............................... Fort Detrick............. Entry Control Point...... $2,500,000
Kwajalein Atoll........................ Kwajalein................. Pier...................... $63,000,000
Japan.................................. Kyotango City............. Company Operations Complex $33,000,000
----------------------------------------------------------------------------------------------------------------
TITLE XXII--NAVY MILITARY CONSTRUCTION
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
Mayport......................................... $66,000,000
Pensacola....................................... $53,000,000
Guam.......................................... Joint Region Marianas........................... $89,185,000
Hawaii........................................ Barking Sands................................... $43,384,000
Kaneohe Bay..................................... $72,565,000
Maine......................................... Kittery......................................... $47,892,000
Maryland...................................... Patuxent River.................................. $40,576,000
Nevada........................................ Fallon.......................................... $13,523,000
North Carolina................................ Camp Lejeune.................................... $18,482,000
Cherry Point Marine Corps Air Station........... $12,515,000
South Carolina................................ Beaufort........................................ $83,490,000
Parris Island................................... $29,882,000
Washington.................................... Bangor.......................................... $113,415,000
Bremerton....................................... $6,704,000
Whidbey Island.................................. $75,976,000
----------------------------------------------------------------------------------------------------------------
(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 installations or locations, in the number
of units, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation 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 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 Bay.............. 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 Plant $11,334,000
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
identified prior to January 20, 2011, as property to be
transferred to the Government of Guam 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), whether or not the Navy transferred control of any such
property to Guam at any time.
(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.
(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
------------------------------------------------------------------------
Alaska....................... Clear Air Force $20,000,000
Station.
Eielson Air Force Base $213,300,000
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. $88,600,000
Patrick Air Force Base $13,500,000
Georgia...................... Moody Air Force Base.. $30,900,000
Guam......................... Joint Region Marianas. $80,658,000
Kansas....................... McConnell Air Force $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................................. Croughton RAF............................... $16,500,000
----------------------------------------------------------------------------------------------------------------
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 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. 1152) 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.
(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
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 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), as 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 Kindgom.......................... RAF Lakenheath............ Replace Lakenheath High $69,638,000
School...................
Virginia................................ MCB 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--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.
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.
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...................................... Barstow.................................... $29,000,000
Camp Parks................................. $19,000,000
Fort Hunter Liggett........................ $21,500,000
Virginia........................................ Dublin..................................... $6,000,000
Washington...................................... Joint Base Lewis-McChord................... $27,500,000
Wisconsin....................................... Fort McCoy................................ $11,400,000
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Guam............................................ Anderson Air Force Base................... $5,200,000
Massachusetts................................... Westover Air Reserve Base.................. $9,200,000
North Carolina.................................. Seymour Johnson Air Force Base............. $97,950,000
Pennsylvania.................................... Pittsburgh IAP............................. $85,000,000
Utah............................................ Hill Air Force Base........................ $3,050,000
----------------------------------------------------------------------------------------------------------------
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. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT.
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. Nothing in the previous
sentence shall be construed to affect the authority of the Secretary of
Defense to comply with any requirement under law, or with any request
of a congressional defense committee, to conduct an analysis, study, or
report of the infrastructure needs of the Department of Defense,
including the infrastructure inventory required to be prepared under
section 2815(a)(2) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1175).
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.
(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) Repeal of Sunset.--Section 2805(d) of such title is amended by
striking paragraph (5).
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. 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. XXXX), 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. 2804. EXTENSION OF TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF
CONTRIBUTIONS FOR CERTAIN CONSTRUCTION, MAINTENANCE, AND
REPAIR PROJECTS MUTUALLY BENEFICIAL TO THE DEPARTMENT OF
DEFENSE AND KUWAIT MILITARY FORCES.
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, 2025''.
SEC. 2805. NOTICE AND REPORTING REQUIREMENTS FOR ENERGY CONSERVATION
CONSTRUCTION PROJECTS.
(a) Contents of Notifications.--
(1) Contents.--Section 2914(b) of title 10, United States
Code, is amended by striking the period at the end of the first
sentence and inserting the following: ``, and shall include in
the notification the justification and current cost estimate
for the project, the expected savings to investment ratio and
simple payback estimates, and the project's measurement and
validation plan and costs.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to notifications provided during
fiscal year 2017 or any succeeding fiscal year.
(b) 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 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, and a brief description of the
scope of work.
``(2) The original cost estimate and expected savings to
investment ratio and simple payback estimates, and the original
measurement and validation plan and costs.
``(3) The most recent cost estimate and expected savings to
investment ratio and simple payback estimates, and the most
recent version of the measurement and validation plan and
costs.
``(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 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. SENSE OF CONGRESS ON MAXIMIZING NUMBER OF VETERANS EMPLOYED
ON MILITARY CONSTRUCTION PROJECTS.
It is the sense of Congress that, when practical and cost-
effective, the Department of Defense should seek ways to maximize the
number of veterans employed on military construction projects (as
defined in section 2801 of title 10, United States Code).
Subtitle B--Real Property and Facilities Administration
SEC. 2811. CONGRESSIONAL NOTIFICATION FOR IN-KIND CONTRIBUTIONS FOR
OVERSEAS MILITARY CONSTRUCTION PROJECTS.
(a) Notification Requirement.--Subsection (f) of section 2687a of
title 10, United States Code, is amended to read as follows:
``(f) Congressional Oversight of Payment In-kind and In-kind
Contributions for Overseas Projects.--(1) In the event 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 of Defense shall submit to the
congressional defense committees a written notification at least 30
days before the initiation date for any such military construction
project.
``(2) A notification under paragraph (1) with respect to a proposed
military construction project shall include the following:
``(A) The requirements for, and purpose and description of,
the proposed project.
``(B) The cost of the proposed project.
``(C) The scope of the proposed project.
``(D) The schedule for the proposed project.
``(E) Such other details as the Secretary considers
relevant.''.
(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. PROHIBITION ON USE OF MILITARY INSTALLATIONS TO HOUSE
UNACCOMPANIED ALIEN CHILDREN.
(a) Prohibition.--A military installation may not be used to house
any unaccompanied alien child.
(b) Definitions.--In this section:
(1) The term ``military installation'' has the meaning
given that term in section 2801(c)(4) of title 10, United
States Code, but does not include an installation located
outside of the United States.
(2) The term ``unaccompanied alien child'' has the meaning
given such term in section 462(g)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 279(g)(2)).
SEC. 2813. 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. 2814. SENSE OF CONGRESS REGARDING NEED TO CONSULT WITH STATE AND
LOCAL OFFICIALS PRIOR TO ACQUISITIONS OF REAL PROPERTY.
(a) Sense of Congress.--It is the sense of Congress that, prior to
acquiring real property in a State for use of the Department of Defense
(including through purchase, lease, or any other arrangement), the
Secretary of Defense or the Secretary of the military department
concerned should consult with the chief executive of the State and
representatives of units of local government with jurisdiction over the
property, with the goal of resolving potential conflicts regarding the
use of the property before such conflicts arise.
(b) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.
SEC. 2815. SENSE OF CONGRESS REGARDING INCLUSION OF STORMWATER SYSTEMS
AND COMPONENTS WITHIN THE MEANING OF ``WASTEWATER
SYSTEM'' UNDER THE DEPARTMENT OF DEFENSE AUTHORITY FOR
CONVEYANCE OF UTILITY SYSTEMS.
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. 2816. ASSESSMENT OF PUBLIC SCHOOLS ON DEPARTMENT OF DEFENSE
INSTALLATIONS.
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 includes an update of the July 2011 assessment
on the condition and capacity of elementary and secondary public
schools on military installations, including consideration for--
(1) schools that have had changes in their condition or
capacity since the original assessment; and
(2) schools that may have been inadvertently omitted from
the original assessment.
SEC. 2817. IMPROVED PROCESS FOR DISPOSAL OF DEPARTMENT OF DEFENSE
SURPLUS REAL PROPERTY LOCATED OVERSEAS.
(a) Petition to Acquire Surplus Property.--2687a of title 10,
United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Petition Process for Disposal of Overseas Surplus Real
Property.--(1) The Secretary of Defense shall establish a process by
which a foreign government may request the transfer of surplus real
property or improvements under the jurisdiction of the Department of
Defense in the foreign country.
``(2) Upon the receipt of a petition under this subsection, the
Secretary shall determine within 90 days whether the property or
improvement subject to the petition is surplus. If surplus, the
Secretary shall seek to enter into an agreement with the foreign
government within one year for the disposal of the property.
``(3) If real property or an improvement is determined not to be
surplus, the Secretary shall not be obligated to consider another
petition involving the same property or improvement for five years
beginning on the date on which the initial determination was made.''.
(b) Additional Use of Department of Defense Overseas Military
Facility Investment Recovery Account.--Section 2687a(b) of title 10,
United States Code, is amended--
(1) in paragraph (1), by inserting ``property disposal
agreement,'' after ``forces agreement,''; and
(2) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) military readiness programs.''.
(c) Reporting Requirement.--Section 2687a(a) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(3) A report under paragraph (1) also shall specify the
following:
``(A) The number of petitions received under subsection (g)
from foreign governments requesting the transfer of surplus
real property or improvements under the jurisdiction of the
Department of Defense overseas.
``(B) The status of each petition, including whether
reviewed, denied, or granted.
``(C) The implementation status of each granted
petition.''.
Subtitle C--Provision Related to Asia-Pacific Military Realignment
SEC. 2821. LIMITED EXCEPTIONS TO RESTRICTION ON DEVELOPMENT OF PUBLIC
INFRASTRUCTURE IN CONNECTION WITH REALIGNMENT OF MARINE
CORPS FORCES IN ASIA-PACIFIC REGION.
(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.
(3) A project intended to improve the control and
containment of public health threats.
(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.
Subtitle D--Land Conveyances
SEC. 2831. LAND CONVEYANCES, 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 were 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 the 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
were 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 the 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 land, including any improvements
thereto, shall revert, at the option of the Secretary, to and become
the property of the United States, and the United States shall have the
right of immediate entry onto such land. 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 quit claim 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. 2832. 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 public land, 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 land 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 currently undergoing
environmental remediation by the Secretary of the Air Force.
(c) Map and Legal Description.--As soon as practicable after the
date of 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 land 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.
(d) Reversionary Interest.--If the Secretary of the Air Force
determines at any time that the land conveyed under subsection (a) is
not being used in accordance with the purposes of the conveyance
specified in such subsection, all right, title, and interest in and to
the land, including any improvements thereto, shall revert, at the
option of the Secretary, to and become the property of the United
States, and the United States shall have the right of immediate entry
onto such land. A determination by the Secretary under this subsection
shall be made on the record after an opportunity for a hearing.
(e) Conveyance Agreement.--The conveyance of land under this
section shall be accomplished using a quit claim 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.
(f) 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 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. 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.
(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. 2833. 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. 2834. 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 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. 2835. 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 Term 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. 2836. LAND CONVEYANCE, P-36 WAREHOUSE, COLBERN UNITED STATES ARMY
RESERVE CENTER, LAREDO, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Army (in this
section referred to as the ``Secretary'') 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 the approximately 725 sq. ft. Historic
Building, P-36 Warehouse, including any improvements thereon, at
Colbern United States Army Reserve Center, Laredo, TX, for the purposes
of educational use and historic preservation.
(b) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary 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.
(d) Reversionary Interest.--
(1) Reversion.--If the Secretary 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 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.
(f) Compliance With Environmental Laws.--Nothing in this section
shall be construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601).
SEC. 2837. 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 quit claim 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.
SEC. 2838. 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. 2839. 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 it is determined, through a risk
assessment performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.), that the property is protective for
the proposed use.
``(ii) The Secretary of the Army shall not be responsible
or liable for any of the following:
``(I) The cost of any risk assessment described in
clause (i) or any actions taken in response to such
risk assessment.
``(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. 2839A. 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. 2839B. PROHIBITION ON TRANSFER OF ADMINISTRATIVE JURISDICTION,
PORTION OF ORGAN MOUNTAINS AREA, FILLMORE CANYON, NEW
MEXICO.
The Secretary of Defense may not transfer 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.
Subtitle E--Military Land Withdrawals
SEC. 2841. BUREAU OF LAND MANAGEMENT WITHDRAWN MILITARY LANDS UNDER
MILITARY LANDS WITHDRAWAL ACT OF 1999.
(a) Elimination of Termination Date and Authorization for Transfer
of Administrative Jurisdiction.--Subsection (a) of section 3015 of the
Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65;
113 Stat. 892) is amended to read as follows:
``(a) Permanent Withdrawal and Reservation; Effect of Transfer on
Withdrawal.--The withdrawal and reservation of lands by section 3011
shall terminate only as follows:
``(1) Upon an election by the Secretary of the military
department concerned to relinquish any or all of the land
withdrawn and reserved by section 3011.
``(2) Upon a transfer by the Secretary of the Interior,
under section 3016 and upon request by the Secretary of the
military department concerned, of administrative jurisdiction
over the land to the Secretary of the military department
concerned. Such a transfer may consist of a portion of the
land, in which case the termination of the withdrawal and
reservation applies only with respect to the land so
transferred.''.
(b) Transfer Process and Management and Use of Lands.--The Military
Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65) is
further amended--
(1) by redesignating sections 3022 and 3023 as sections
3027 and 3028, respectively; and
(2) by striking sections 3016 through 3021 and inserting
the following new sections:
``SEC. 3016. TRANSFER PROCESS.
``(a) Transfer Authorized.--The Secretary of the Interior shall,
upon the request of the Secretary concerned, transfer to the Secretary
concerned administrative jurisdiction over the land withdrawn and
reserved by section 3011, or a portion of the land as the Secretary
concerned may request.
``(b) Valid Existing Rights.--The transfer of administrative
jurisdiction under subsection (a) shall be subject to any valid
existing rights.
``(c) Time for Conveyance.--The transfer of administrative
jurisdiction under subsection (a) shall occur pursuant to a schedule
agreed upon by the Secretary of the Interior and the Secretary
concerned.
``(d) Map and Legal Description.--
``(1) Preparation and publication.--The Secretary of the
Interior shall publish in the Federal Register a legal
description of the public land to be transferred under
subsection (a).
``(2) Submission to congress.--The Secretary of the
Interior shall file with the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources
of the House of Representatives--
``(A) a copy of the legal description prepared
under paragraph (1); and
``(B) the map referred to in subsection (a).
``(3) Availability for public inspection.--Copies of the
legal description and map filed under paragraph (2) shall be
available for public inspection in the appropriate offices of--
``(A) the Bureau of Land Management;
``(B) the commanding officer of the installation;
and
``(C) the Secretary concerned.
``(4) Force of law.--The legal description and map filed
under paragraph (2) shall have the same force and effect as if
included in this Act, except that the Secretary of the Interior
may correct clerical and typographical errors in the legal
description or map.
``(5) Reimbursement of costs.--Any transfer entered into
pursuant to subsection (a) shall be made without reimbursement,
except that the Secretary concerned shall reimburse the
Secretary of the Interior for any costs incurred by the
Secretary of the Interior to prepare the legal description and
map under this subsection.
``SEC. 3017. ADMINISTRATION OF TRANSFERRED LAND.
``(a) Treatment and Use of Transferred Land.--Upon the transfer of
administrative jurisdiction of land under section 3016--
``(1) the land shall be treated as property (as defined in
section 102(9) of title 40, United States Code) under the
administrative jurisdiction of the Secretary concerned; and
``(2) the Secretary concerned shall administer the land for
military purposes.
``(b) Withdrawal of Mineral Estate.--Subject to valid existing
rights, land for which the administrative jurisdiction is transferred
under section 3016 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, for as long as the land is under
the administrative jurisdiction of the Secretary concerned.
``(c) Integrated Natural Resources Management Plan.--Not later than
one year after the transfer of land under section 3016, the Secretary
concerned, in cooperation with the Secretary of the Interior, shall
prepare an integrated natural resources management plan pursuant to the
Sikes Act (16 U.S.C. 670a et seq.) for the transferred land.
``(d) Relation to General Provisions.--Sections 3018 through 3026
do not apply to lands transferred under section 3016 or to the
management of such land.
``(e) Transfers Between Armed Forces.--Nothing in this subtitle
shall be construed as limiting the authority to transfer administrative
jurisdiction over the land transferred under section 3016 to another
armed force pursuant to section 2696 of title 10, United States Code,
and the provisions of this section shall continue to apply to any such
lands.
``SEC. 3018. GENERAL APPLICABILITY; DEFINITIONS.
``(a) Applicability.--Sections 3014 through 3028 apply to the lands
withdrawn and reserved by section 3011 except--
``(1) to the B-16 Range referred to in section
3011(a)(3)(A), for which only section 3019 applies;
``(2) to the `Shoal Site' referred to in section
3011(a)(3)(B), for which sections 3014 through 3028 apply only
to the surface estate;
``(3) to the `Pahute Mesa' area referred to in section
3011(b)(2); and
``(4) to the Desert National Wildlife Refuge referred to in
section 3011(b)(5)--
``(A) except for section 3024(b); and
``(B) for which sections 3014 through 3028 shall
only apply to the authorities and responsibilities of
the Secretary of the Air Force under section
3011(b)(5).
``(b) Rules of Construction.--Nothing in this subtitle assigns
management of real property under the administrative jurisdiction of
the Secretary concerned to the Secretary of the Interior.
``(c) Definitions.--In this subtitle:
``(1) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
``(2) Manage; management.--
``(A) Inclusions.--The terms `manage' and
`management' include the authority to exercise
jurisdiction, custody, and control over the lands
withdrawn and reserved by section 3011.
``(B) Exclusions.--Such terms do not include
authority for disposal of the lands withdrawn and
reserved by section 3011.
``(3) Secretary concerned.--The term `Secretary concerned'
has the meaning given the term in section 101(a) of title 10,
United States Code.
``SEC. 3019. ACCESS RESTRICTIONS.
``(a) Authority to Impose Restrictions.--If the Secretary concerned
determines that military operations, public safety, or national
security require the closure to the public of any road, trail, or other
portion of land withdrawn and reserved by section 3011, the Secretary
may take such action as the Secretary determines to be necessary to
implement and maintain the closure.
``(b) Limitation.--Any closure under subsection (a) shall be
limited to the minimum area and duration that the Secretary concerned
determines are required for the purposes of the closure.
``(c) Consultation Required.--
``(1) In general.--Subject to paragraph (3), before a
closure is implemented under this section, the Secretary
concerned shall consult with the Secretary of the Interior.
``(2) Indian tribe.--Subject to paragraph (3), if a closure
proposed under this section may affect access to or use of
sacred sites or resources considered to be important by an
Indian tribe, the Secretary concerned shall consult, at the
earliest practicable date, with the affected Indian tribe.
``(3) Limitation.--No consultation shall be required under
paragraph (1) or (2)--
``(A) if the closure is provided for in an
integrated natural resources management plan, an
installation cultural resources management plan, or a
land use management plan; or
``(B) in the case of an emergency, as determined by
the Secretary concerned.
``(d) Notice.--Immediately preceding and during any closure
implemented under subsection (a), the Secretary concerned shall post
appropriate warning notices and take other appropriate actions to
notify the public of the closure.
``SEC. 3020. CHANGES IN USE.
``(a) Other Uses Authorized.--In addition to the purposes described
in section 3011, the Secretary concerned may authorize the use of land
withdrawn and reserved by section 3011 for defense-related purposes.
``(b) Notice to Secretary of the Interior.--
``(1) In general.--The Secretary concerned shall promptly
notify the Secretary of the Interior if the land withdrawn and
reserved by section 3011 is used for additional defense-related
purposes.
``(2) Requirements.--A notification under paragraph (1)
shall specify--
``(A) each additional use;
``(B) the planned duration of each additional use;
and
``(C) the extent to which each additional use would
require that additional or more stringent conditions or
restrictions be imposed on otherwise-permitted
nondefense-related uses of the withdrawn and reserved
land or portions of withdrawn and reserved land.
``SEC. 3021. BRUSH AND RANGE FIRE PREVENTION AND SUPPRESSION.
``(a) Required Activities.--Consistent with any applicable land
management plan, the Secretary concerned shall take necessary
precautions to prevent, and actions to suppress, brush and range fires
occurring as a result of military activities on the land withdrawn and
reserved by section 3011, including fires that occur on other land that
spread from the withdrawn and reserved land.
``(b) Cooperation of Secretary of the Interior.--
``(1) In general.--At the request of the Secretary
concerned, the Secretary of the Interior shall provide
assistance in the suppression of fires under subsection (a).
The Secretary concerned shall reimburse the Secretary of the
Interior for the costs incurred by the Secretary of the
Interior in providing such assistance.
``(2) Transfer of funds.--Notwithstanding section 2215 of
title 10, United States Code, the Secretary concerned may
transfer to the Secretary of the Interior, in advance, funds to
be used to reimburse the costs of the Department of the
Interior in providing assistance under this subsection.
``SEC. 3022. ONGOING DECONTAMINATION.
``(a) Program of Decontamination Required.--During the period of a
withdrawal and reservation of land by section 3011, the Secretary
concerned shall maintain, to the extent funds are available to carry
out this subsection, a program of decontamination of contamination
caused by defense-related uses on the withdrawn land. The
decontamination program shall be carried out consistent with applicable
Federal and State law.
``(b) Annual Report.--The Secretary of Defense shall include in the
annual report required by section 2711 of title 10, United States Code,
a description of decontamination activities conducted under subsection
(a).
``SEC. 3023. WATER RIGHTS.
``(a) No Reservation of Water Rights.--Nothing in this subtitle--
``(1) establishes a reservation in favor of the United
States with respect to any water or water right on the land
withdrawn and reserved by section 3011; or
``(2) authorizes the appropriation of water on the land
withdrawn and reserved by section 3011, except in accordance
with applicable State law.
``(b) Effect on Previously Acquired or Reserved Water Rights.--
``(1) In general.--Nothing in this section affects any
water rights acquired or reserved by the United States before
October 5, 1999, on the land withdrawn and reserved by section
3011.
``(2) Authority of secretary concerned.--The Secretary
concerned may exercise any water rights described in paragraph
(1).
``SEC. 3024. HUNTING, FISHING, AND TRAPPING.
``(a) In General.--Section 2671 of title 10, United States Code,
shall apply to all hunting, fishing, and trapping on the land--
``(1) that is withdrawn and reserved by section 3011; and
``(2) for which management of the land has been assigned to
the Secretary concerned.
``(b) Desert National Wildlife Refuge.--Hunting, fishing, and
trapping within the Desert National Wildlife Refuge shall be conducted
in accordance with the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.), the Recreation Use of Wildlife
Areas Act of 1969 (16 U.S.C. 460k et seq.), and other laws applicable
to the National Wildlife Refuge System.
``SEC. 3025. RELINQUISHMENT.
``(a) Notice of Intention to Relinquish.--If, during the period of
withdrawal and reservation made by section 3011, the Secretary
concerned decides to relinquish any or all of the land withdrawn and
reserved by section 3011, the Secretary concerned shall submit to the
Secretary of the Interior notice of the intention to relinquish the
land.
``(b) Determination of Contamination.--The Secretary concerned
shall include in the notice submitted under subsection (a) a written
determination concerning whether and to what extent the land that is to
be relinquished is contaminated with explosive materials or toxic or
hazardous substances.
``(c) Public Notice.--The Secretary of the Interior shall publish
in the Federal Register the notice of intention to relinquish the land
under this section, including the determination concerning the
contaminated state of the land.
``(d) Decontamination of Land to Be Relinquished.--
``(1) Decontamination required.--The Secretary concerned
shall decontaminate land subject to a notice of intention under
subsection (a) to the extent that funds are appropriated for
that purpose, if--
``(A) the land subject to the notice of intention
is contaminated, as determined by the Secretary
concerned; and
``(B) the Secretary of the Interior, in
consultation with the Secretary concerned, determines
that--
``(i) decontamination is practicable and
economically feasible, after taking into
consideration the potential future use and
value of the contaminated land; and
``(ii) on decontamination of the land, the
land could be opened to operation of some or
all of the public land laws, including the
mining laws, the mineral leasing laws, and the
geothermal leasing laws.
``(2) Alternatives to relinquishment.--The Secretary of the
Interior shall not be required to accept the land proposed for
relinquishment under subsection (a), if--
``(A) the Secretary of the Interior, after
consultation with the Secretary concerned, determines
that--
``(i) decontamination of the land is not
practicable or economically feasible; or
``(ii) the land cannot be decontaminated
sufficiently to be opened to operation of some
or all of the public land laws; or
``(B) sufficient funds are not appropriated for the
decontamination of the land.
``(3) Status of contaminated land proposed to be
relinquished.--If, because of the contaminated state of the
land, the Secretary of the Interior declines to accept land
withdrawn and reserved by section 3011 that has been proposed
for relinquishment--
``(A) the Secretary concerned shall take
appropriate steps to warn the public of--
``(i) the contaminated state of the land;
and
``(ii) any risks associated with entry onto
the land;
``(B) the Secretary concerned shall submit to the
Secretary of the Interior and Congress a report
describing--
``(i) the status of the land; and
``(ii) any actions taken under this
paragraph.
``(e) Revocation Authority.--
``(1) In general.--If the Secretary of the Interior
determines that it is in the public interest to accept the land
proposed for relinquishment under subsection (a), the Secretary
of the Interior may order the revocation of a withdrawal and
reservation made by section 3011.
``(2) Revocation order.--To carry out a revocation under
paragraph (1), the Secretary of the Interior shall publish in
the Federal Register a revocation order that--
``(A) terminates the withdrawal and reservation;
``(B) constitutes official acceptance of the land
by the Secretary of the Interior; and
``(C) specifies the date on which the land will be
opened to the operation of some or all of the public
land laws, including the mining laws, the mineral
leasing laws, and the geothermal leasing laws.
``(f) Acceptance by Secretary of the Interior.--
``(1) In general.--Nothing in this section requires the
Secretary of the Interior to accept the land proposed for
relinquishment if the Secretary determines that the land is not
suitable for return to the public domain.
``(2) Notice.--If the Secretary makes a determination that
the land is not suitable for return to the public domain, the
Secretary shall provide notice of the determination to
Congress.
``SEC. 3026. EFFECT OF TERMINATION OF MILITARY USE.
``(a) Notice and Effect.--Upon a determination by the Secretary
concerned that there is no longer a military need for all or portions
of the land for which administrative jurisdiction was transferred under
section 3016, the Secretary concerned shall notify the Secretary of the
Interior of such determination. Subject to subsections (b), (c), and
(d), the Secretary concerned shall transfer administrative jurisdiction
over the land subject to such a notice back to the administrative
jurisdiction of the Secretary of the Interior.
``(b) Contamination.--Before transmitting a notice under subsection
(a), the Secretary concerned shall prepare a written determination
concerning whether and to what extent the land to be transferred is
contaminated with explosive materials or toxic or hazardous substances.
A copy of the determination shall be transmitted with the notice.
Copies of the notice and the determination shall be published in the
Federal Register.
``(c) Decontamination.--The Secretary concerned shall decontaminate
any contaminated land that is the subject of a notice under subsection
(a) if--
``(1) the Secretary of the Interior, in consultation with
the Secretary concerned, determines that--
``(A) decontamination is practicable and
economically feasible (taking into consideration the
potential future use and value of the land); and
``(B) upon decontamination, the land could be
opened to operation of some or all of the public land
laws, including the mining laws; and
``(2) funds are appropriated for such decontamination.
``(d) No Required Acceptance.--The Secretary of the Interior is not
required to accept land proposed for transfer under subsection (a) if
the Secretary of the Interior is unable to make the determinations
under subsection (c)(1) or if Congress does not appropriate a
sufficient amount of funds for the decontamination of the land.
``(e) Alternative Disposal.--If the Secretary of the Interior
declines to accept land proposed for transfer under subsection (a), the
Secretary concerned shall dispose of the land in accordance with
property disposal procedures established by law.''.
(c) Conforming and Clerical Amendments.--
(1) Conforming amendments.--Section 3014 of the Military
Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65;
113 Stat. 890) is amended by striking subsections (b), (d), and
(f).
(2) Clerical amendments.--The table of sections at the
beginning of the Military Lands Withdrawal Act of 1999 (title
XXX of Public Law 106-65; 113 Stat. 885) is amended by striking
the items relating to sections 3016 through 3023 and inserting
the following new items:
``Sec. 3016. Transfer process.
``Sec. 3017. Administration of transferred land.
``Sec. 3018. General applicability; definitions.
``Sec. 3019. Access restrictions.
``Sec. 3020. Changes in use.
``Sec. 3021. Brush and range fire prevention and suppression.
``Sec. 3022. Ongoing decontamination.
``Sec. 3023. Water rights.
``Sec. 3024. Hunting, fishing, and trapping.
``Sec. 3025. Relinquishment.
``Sec. 3026. Effect of termination of military use.
``Sec. 3027. Use of mineral materials.
``Sec. 3028. Immunity of United States.''.
SEC. 2842. PERMANENT WITHDRAWAL OR TRANSFER OF ADMINISTRATIVE
JURISDICTION 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. 1044) is
amended by striking ``on March 31, 2039.'' and inserting the following:
``only as follows:
``(1) If the Secretary of the Navy makes an election to
terminate the withdrawal and reservation of the public land.
``(2) If the Secretary of the Interior, upon request by the
Secretary of the Navy, transfers administrative jurisdiction
over the public land to the Secretary of the Navy. A transfer
under this paragraph may consist of a portion of the land, in
which case the termination of the withdrawal and reservation
applies only with respect to the land so transferred.''.
Subtitle F--Military Memorials, Monuments, and Museums
SEC. 2851. 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.--Under
regulations prescribed by the Secretary, the Director 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, except that the Director
may not assess fees for general admission to the National
Cryptologic Museum.
``(2) Use of funds.--Amounts received by the Director 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
Director under subsection (d).
``(B) Any other amounts received by the Director
which are attributable to the operation of the Center.
``(C) Such amounts as may be appropriated under
law.
``(3) Use of fund.--Amounts in the Fund shall be available
to the Director 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. 2852. 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. 2853. SUPPORT FOR MILITARY SERVICE MEMORIALS AND MUSEUMS
HIGHLIGHTING ROLE OF WOMEN IN THE MILITARY.
(a) Authorization of Support.--Subject to appropriation, the
Secretary of Defense may provide financial support for military service
memorials and museums in the acquisition, installation, and maintenance
of exhibits, facilities, and programs that highlight the role of women
in the military.
(b) Agreement With Nonprofit Organizations.--
(1) Authorization of agreement.--Subject to paragraph (2),
the Secretary may carry out subsection (a) by entering into
contracts with nonprofit organizations under which such an
organization shall carry out the activities described in such
subsection.
(2) Report required prior to agreement.--The Secretary may
not enter into a contract under paragraph (1) until the
congressional defense committees have received a report from
the Secretary that describes how the use of such a contract
will help educate and inform the public on the history and
mission of the military, or support training and leadership
development of military personnel, and is in the best interests
of the Department of Defense.
SEC. 2854. 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 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) No use of condemnation.--The Secretary may not acquire
by condemnation any land or interest in land under this Act or
for the purposes of this Act.
(3) No buffer zone created.--Nothing in this Act, the
acquisition of the land or an interest in land authorized under
subsection (a), or the management plan for the Petersburg
National Battlefield (including the acquired land) shall be
construed to create buffer zones outside the Petersburg
National Battlefield. That activities or uses can be seen,
heard, or detected from the acquired land shall not preclude,
limit, control, regulate, or determine the conduct or
management of activities or uses outside of the Petersburg
National Battlefield.
(4) Written consent of the owner.--No non-Federal property
may be included in the Petersburg National Battlefield without
the written consent of the owner.
(5) Technical amendment.--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
``twenty-five''.
(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 land to be exchanged is depicted on the map
titled ``Petersburg National Battlefield Proposed Transfer of
Administrative Jurisdiction'', numbered 325/80,801A, dated
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) shall be subject to the
following conditions:
(A) No reimbursement or consideration.--The
transfer shall occur without reimbursement or
consideration.
(B) Management.--The land transferred to the
Secretary under paragraph (1) shall be included within
the boundary of the Petersburg National Battlefield and
administered as part of that park in accordance with
applicable laws and regulations, and the land
transferred to the Secretary of the Army shall be
excluded from the boundary of the Petersburg National
Battlefield.
SEC. 2855. AMENDMENTS TO THE NATIONAL HISTORIC PRESERVATION ACT.
Section 101(a) of the National Historic Preservation Act (16 U.S.C.
470a(a)) is amended as follows:
(1) In paragraph (2)--
(A) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (F), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(G) notifying the Committee on Natural Resources of the
United States House of Representatives and the Committee on
Energy and Natural Resources of the Senate if the property is
owned by the Federal Government when the property is being
considered for inclusion on the National Register, for
designation as a National Historic Landmark, or for nomination
to the World Heritage List.''.
(2) By redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively.
(3) By inserting after paragraph (6) the following:
``(7) If the head of the agency managing any Federal
property objects to such inclusion or designation for reasons
of national security, such as any impact the inclusion or
designation would have on use of the property for military
training or readiness purposes, that Federal property shall be
neither included on the National Register nor designated as a
National Historic Landmark until the objection is withdrawn.''.
(4) By adding after paragraph (9) (as so redesignated by
paragraph (2) of this section) the following:
``(10) The Secretary shall promulgate regulations to allow
for expedited removal of Federal property listed on the
National Register of Historic Places if the managing agency of
that Federal property submits to the Secretary a written
request to remove the Federal property from the National
Register of Historic Places for reasons of national security,
such as any impact the inclusion or designation would have on
use of the property for military training or readiness
purposes.''.
SEC. 2856. RECOGNITION OF THE NATIONAL MUSEUM OF WORLD WAR II AVIATION.
(a) Findings.--Congress finds the following:
(1) World War II was one of the most important events in
the history of the Nation, a time of moral clarity and common
purpose that remains today as an inspiration to all people in
the United States.
(2) The role of aviation was a critical factor in the
success of winning World War II and defeating the enemies
worldwide.
(3) The bravery, courage, dedication, and heroism of World
War II aviators and support personnel was an important element
in the winning of World War II.
(4) The National Museum of World War II Aviation in
Colorado Springs, Colorado, exists to help preserve and promote
an understanding of the role of aviation in winning World War
II.
(5) The National Museum of World War II Aviation is
dedicated to celebrating the spirit of the United States,
recognizing the teamwork, collaboration, patriotism, and
courage of the men and women who fought, as well as those on
the homefront who mobilized and supported the national aviation
effort.
(b) Conditions on Recognition of America's National World War II
Aviation Museum.--The Secretary of the Air Force, Secretary of the
Navy, and Secretary of the Army shall--
(1) each provide a briefing to the Committees on Armed
Services of the House of Representatives and the Senate
evaluating the suitability of the museum for recognition as a
national museum; and
(2) each certify to such Committees that the museum is
suitable for such recognition.
(c) Elements of Certification.--The Secretary of the Air Force,
Secretary of the Navy, and Secretary of the Army shall provide the
certification under subsection (b)(2) only if each certifies that each
of the following is correct:
(1) The museum possesses the infrastructure necessary to
maintain and preserve military cultural resources.
(2) The museum is accredited.
(3) The museum prevents the private use of any item donated
to the museum.
(4) The museum applies industry standards for the
preservation of military cultural resources.
(5) The museum employs sufficient staff, trained to
industry standards, to ensure the preservation of military
cultural resources.
SEC. 2857. BATTLESHIP PRESERVATION GRANT PROGRAM.
(a) Establishment.--There is hereby established within the
Department of the Interior a grant program for the preservation of our
nation's most historic battleships.
(b) Use of Grants.--Amounts received through grants under this
section shall be used for the preservation of our nation's most
historic battleships in a manner that is self-sustaining and has an
educational component.
(c) Criteria for Eligibility.--To be eligible for a grant under
this section, an entity shall--
(1) submit an application under procedures prescribed by
the Secretary;
(2) match the amount of the grant, on a 1-to-1 basis, with
non-Federal assets from non-Federal sources, which may include
cash or durable goods and materials fairly valued as determined
by the Secretary;
(3) maintain records as may be reasonably necessary to
fully disclose--
(A) the amount and the disposition of the proceeds
of the grant;
(B) the total cost of the project for which the
grant is made; and
(C) other records as may be required by the
Secretary, including such records as will facilitate an
effective accounting for project funds; and
(4) provide access to the Secretary for the purposes of any
required audit and examination of any books, documents, papers,
and records of the entity.
(d) Most Historic Battleship Defined.--In this section, the term
``most historic battleship'' means a battleship that is--
(1) between 75 and 115 years old;
(2) listed on the National Historic Register; and
(3) located within the State for which it was named.
(e) Savings Provision.--The authorities contained in this section
shall be in addition to, and shall not be construed to supercede or
modify those contained in the National Historic Preservation Act (16
U.S.C. 470-470x-6).
(f) Private Property Protection.--
(1) In general.--No Federal funds made available to carry
out this section may be used to acquire any real property, or
any interest in any real property, without the written consent
of the owner (or owners) of that property or interest in
property.
(2) No designation.--The authority granted by this section
shall not constitute a Federal designation or have any effect
on private property ownership.
(g) Sunset.--The authority to make grants under this section
expires on September 30, 2023.
Subtitle G--Designations and Other Matters
SEC. 2861. 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, 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. 2862. 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. 2863. TRANSFER OF CERTAIN ITEMS OF THE OMAR BRADLEY FOUNDATION TO
THE DESCENDANTS OF GENERAL OMAR BRADLEY.
(a) Transfer Authorized.--The Omar Bradley Foundation,
Pennsylvania, may transfer, without consideration, to the child of
General of the Army Omar Nelson Bradley and his first wife Mary
Elizabeth Quayle Bradley, namely Elizabeth Bradley, such items of the
Omar Bradley estate under the control of the Foundation as the
Secretary of the Army determines to be without historic value to the
Army.
(b) Time of Submittal of Claim for Transfer.--No item may be
transferred under subsection (a) unless the claim for the transfer of
such item is submitted to the Omar Bradley Foundation during the 180-
day period beginning on the date of the enactment of this Act.
SEC. 2864. PROTECTION AND RECOVERY OF GREATER SAGE GROUSE.
(a) Definitions.--In this section:
(1) Federal resource management plan.--The term ``Federal
resource management plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public lands pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712); or
(B) a land and resource management plan prepared by
the Forest Service for National Forest System lands
pursuant to section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1604).
(2) Greater sage grouse.--The term ``Greater Sage Grouse''
means a sage grouse of the species Centrocercus urophasianus.
(3) State management plan.--The term ``State management
plan'' means a State-approved plan for the protection and
recovery of the Greater Sage Grouse.
(b) Purpose.--The purpose of this section is--
(1) to facilitate implementation of State management plans
over a period of multiple, consecutive Greater Sage Grouse life
cycles; and
(2) to demonstrate the efficacy of the State management
plans for the protection and recovery of the Greater Sage
Grouse.
(c) Delay in Making Endangered Species Act of 1973 Finding.--
(1) Delay required.--In the case of any State with a State
management plan, the Secretary of the Interior may not make a
finding 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))
with respect to the Greater Sage Grouse in that State before
September 30, 2026.
(2) Effect on other laws.--The delay imposed by paragraph
(1) is, and shall remain, effective without regard to any other
statute, regulation, court order, legal settlement, or any
other provision of law or in equity.
(3) Effect on conservation status.--Until the date
specified in paragraph (1), the conservation status of the
Greater Sage Grouse shall remain not warranted for listing
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(d) Coordination of Federal Land Management and State Management
Plans.--
(1) Prohibition on withdrawals and modifications of federal
resource management plans.--In order to foster coordination
between a State management plan and Federal resource management
plans that affect the Greater Sage Grouse, upon notification by
the Governor of a State with a State management plan, the
Secretary of the Interior and the Secretary of Agriculture, as
applicable, may not exercise authority under section 204 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714)
to make, modify, or extend any withdrawal, nor amend or
otherwise modify any Federal resource management plan
applicable to Federal land in the State, in a manner
inconsistent with the State management plan for a period, to be
specified by the Governor in the notification, of at least five
years beginning on the date of the notification.
(2) Retroactive effect.--In the case of any State that
provides notification under paragraph (1), if any withdrawal
was made, modified, or extended or if any amendment or
modification of a Federal resource management plan applicable
to Federal lands in the State was issued during the three-year
period preceding the date of the notification and the
withdrawal, amendment, or modification altered management of
the Greater Sage Grouse or its habitat, implementation and
operation of the withdrawal, amendment, or modification shall
be stayed to the extent that the withdrawal, amendment, or
modification is inconsistent with the State management plan.
The Federal resource management plan, as in effect immediately
before the amendment or modification, shall apply instead with
respect to management of the Greater Sage Grouse and its
habitat, to the extent consistent with the State management
plan.
(3) Determination of inconsistency.--Any disagreement
regarding whether a withdrawal, or an amendment or other
modification of a Federal resource management plan, is
inconsistent with a State management plan shall be resolved by
the Governor of the affected State.
(e) Relation to National Environmental Policy Act of 1969.--With
regard to any major Federal action consistent with a State management
plan, any findings, analyses, or conclusions regarding the Greater Sage
Grouse or its habitat under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not have
a preclusive effect on the approval or implementation of the major
Federal action in that State.
(f) Reporting Requirement.--Not later than one year after the date
of the enactment of this Act and annually thereafter through 2026, the
Secretary of the Interior and the Secretary of Agriculture shall
jointly submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a report on the Secretaries' implementation and
effectiveness of systems to monitor the status of Greater Sage Grouse
on Federal lands under their jurisdiction.
(g) Judicial Review.--Notwithstanding any other provision of
statute or regulation, the requirements and implementation of this
section, including determinations made under subsection (d)(3), are not
subject to judicial review.
SEC. 2865. IMPLEMENTATION OF LESSER PRAIRIE-CHICKEN RANGE-WIDE
CONSERVATION PLAN AND OTHER CONSERVATION MEASURES.
(a) Definitions.--In this section:
(1) Candidate conservation agreements.--The terms
``Candidate Conservation Agreement'' and ``Candidate and
Conservation Agreement With Assurances'' have the meaning given
those terms in--
(A) the announcement of the Department of the
Interior and the Department of Commerce entitled
``Announcement of Final Policy for Candidate
Conservation Agreements with Assurances'' (64 Fed. Reg.
32726 (June 17, 1999)); and
(B) sections 17.22(d) and 17.32(d) of title 50,
Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(2) Range-wide plan.--The term ``Range-Wide Plan'' means
the Lesser Prairie-Chicken Range-Wide Conservation Plan of the
Western Association of Fish and Wildlife Agencies, as endorsed
by the United States Fish and Wildlife Service on October 23,
2013, and published for comment on January 29, 2014 (79 Fed.
Reg. 4652).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Prohibition on Treatment as Threatened or Endangered Species.--
(1) In general.--Notwithstanding any prior action by the
Secretary, the lesser prairie-chicken shall not be treated as a
threatened species or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) before December
31, 2022.
(2) Prohibition on proposal.--Effective beginning on
January 1, 2023, the lesser prairie-chicken may not be treated
as a threatened species or endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) unless
the Secretary publishes a determination, based on the totality
of the scientific evidence, that conservation (as that term is
used in that Act) under the Range-Wide Plan and the agreements,
programs, and efforts referred to in subsection (c) have not
achieved the conservation goals established by the Range-Wide
Plan.
(c) Monitoring of Progress of Conservation Programs.--The Secretary
shall monitor and annually submit to Congress a report on progress in
conservation of the lesser prairie-chicken under the Range-Wide Plan
and all related--
(1) Candidate Conservation Agreements and Candidate and
Conservation Agreements With Assurances;
(2) other Federal conservation programs administered by the
United States Fish and Wildlife Service, the Bureau of Land
Management, and the Department of Agriculture;
(3) State conservation programs; and
(4) private conservation efforts.
SEC. 2866. REMOVAL OF ENDANGERED SPECIES STATUS FOR AMERICAN BURYING
BEETLE.
Notwithstanding the final rule of the United States Fish and
Wildlife Service entitled ``Endangered and Threatened Wildlife and
Plants; Determination of Endangered Status for the American Burying
Beetle'' (54 Fed. Reg. 29652 (July 13, 1989)), the American burying
beetle shall not be listed as a threatened species or endangered
species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 2867. REPORT ON DOCUMENTATION FOR ACQUISITION OF CERTAIN
PROPERTIES ALONG COLUMBIA RIVER, WASHINGTON, BY CORPS OF
ENGINEERS.
(a) Report on Documentation.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army, acting
through the Chief of Engineers, shall submit a report to Congress on
the process by which the Corps of Engineers acquired the properties
described in subsection (b), and shall include in the report the
specific legal documentation pursuant to which the properties were
acquired.
(b) Properties Described.--The properties described in this
subsection are each of the properties described in paragraph (2) of
section 501(i) of the Water Resources Development Act of 1996 (Public
Law 104-303; 110 Stat. 3752).
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
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 ENCROACHMENT PREVENTION AND
TEMPORARY CLOSURE AUTHORITIES
SEC. 3001. FINDINGS AND DEFINITIONS.
(a) Findings.--Congress finds that--
(1) the testing and development of military weapons systems
and the training of military forces are critical to ensuring
the national security of the United States;
(2) the Utah Test and Training Range is a unique and
irreplaceable national asset at the core of the test and
training mission of the Department of Defense;
(3) continued access to the special use airspace and land
that comprise the Utah Test and Training Range, under the terms
and conditions described in this title is a national security
priority;
(4) multiple use of, sustained yield activities on, and
access to the BLM land are vital to the customs, culture,
economy, ranching, grazing, and transportation interests of the
counties in which the BLM land is situated; and
(5) the limited use by the military of the BLM land and
airspace above the BLM land is vital to improving and
maintaining the readiness of the Armed Forces.
(b) Definitions.--In this title:
(1) BLM land.--The term ``BLM land'' means the Bureau of
Land Management land in the State comprising approximately
625,643 acres, as generally depicted on the map entitled ``Utah
Test and Training Range Enhancement/West Desert Land Exchange''
and dated February 12, 2016.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Utah.
(4) Utah test and training range.--
(A) In general.--The term ``Utah Test and Training
Range'' means the portions of the military land and
airspace operating area of the Utah Test and Training
Area that are located in the State.
(B) Inclusion.--The term ``Utah Test and Training
Range'' includes the Dugway Proving Ground.
Subtitle A--Utah Test and Training Range
SEC. 3011. MANAGEMENT OF BLM LAND.
(a) Memorandum of Agreement.--
(1) Draft.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary and the
Secretary of the Air Force shall complete a draft of
the memorandum of agreement required under paragraph
(2).
(B) Public comment period.--During the 30-day
period beginning on the date on which the draft
memorandum of agreement is completed under subparagraph
(A), there shall be an opportunity for public comment
on the draft memorandum of agreement, including an
opportunity for the Utah Test and Training Range
Community Resource Group established under section
3013(a) to provide comments on the draft memorandum of
agreement.
(2) Requirement; deadline.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary and the
Secretary of the Air Force shall enter into a
memorandum of agreement that provides for the continued
management of the BLM land by the Secretary, in a
manner that provides for the limited use of the BLM
land by the Secretary of the Air Force, consistent with
this title.
(B) Signatures required.--The terms of the
memorandum of agreement, including a temporary closure
of the BLM land under the memorandum of agreement, may
not be carried out until the date on which all parties
to the memorandum of agreement have signed the
memorandum of agreement.
(3) Management by secretary.--The memorandum of agreement
under paragraph (2) shall provide that the Secretary (acting
through the Director of the Bureau of Land Management) shall
continue to manage the BLM land--
(A) as land described in section 6901(1)(B) of
title 31, United States Code;
(B) for multiple use and sustained yield goals and
activities as required under sections 102(a)(7) and
202(c)(1) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701(a)(7), 1712(c)(1)) and defined
in section 103 of that Act (43 U.S.C. 1702), including
all principal or major uses on Federal land recognized
pursuant to the definition of the term in section 103
of that Act (43 U.S.C. 1702);
(C) in accordance with section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1712); and
(D) subject to use by the Secretary of the Air
Force provided under section 3012 for--
(i) the preservation of the Utah Test and
Training Range against current and future
encroachments that the Secretary of the Air
Force finds to be incompatible with current and
future test and training requirements;
(ii) the testing of--
(I) advanced weapon systems,
including current weapons systems, 5th
generation weapon systems, and future
weapon systems; and
(II) the standoff distance for
weapons;
(iii) the testing and evaluation of
hypersonic weapons;
(iv) increased public safety for civilians
accessing the BLM land; and
(v) other purposes relating to meeting
national security needs.
(b) Map.--The Secretary may correct any minor errors in the map.
(c) Land Use Plans.--Any land use plan in existence on the date of
enactment of this Act that applies to the BLM land shall continue to
apply to the BLM land.
(d) Maintain Current Uses.--
(1) In general.--Notwithstanding subsection (a)(3)(D), the
memorandum of agreement entered into under subsection (a) and
the land use plans described in subsection (c) shall not
diminish any major or principle use that is recognized pursuant
to section 103(l) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1702(l)), except to the extent authorized in
subsection (a).
(2) Actions by secretary of the air force.--The Secretary
of the Air Force shall--
(A) if corrective action is necessary due to an
action of the Air Force, as determined by the Secretary
of the Air Force, render the BLM land safe for public
use; and
(B) appropriately communicate the safety of the
land to the Secretary once the BLM land is rendered
safe for public use.
(e) Grazing.--
(1) New grazing leases and permits.--
(A) In general.--The Secretary shall issue and
administer any new grazing lease or permit on the BLM
land, in accordance with applicable law (including
regulations) and other authorities applicable to
livestock grazing on Bureau of Land Management land.
(B) Non-federal land levels.--The Secretary (acting
through the Director of the Bureau of Land Management)
shall continue to issue and administer livestock
grazing leases and permits on the non-Federal land
described in section 3022(3), subject to the
requirements described in subparagraphs (A) through (C)
of paragraph (2).
(2) Existing grazing leases and permits.--Any livestock
grazing lease or permit applicable to the BLM land that is in
existence on the date of enactment of this Act shall continue
in effect--
(A) at the number of permitted animal unit months
authorized under current applicable land use plans;
(B) if range conditions permit, at levels greater
than the level of active use; and
(C) subject to such reasonable increases and
decreases of active use of animal unit months and other
reasonable regulations, policies, and practices as the
Secretary may consider appropriate based on rangeland
conditions.
(f) Memorandum of Understanding on Emergency Access and Response.--
Nothing in this section precludes the continuation of the memorandum of
understanding that is between the Department of the Interior and the
Department of the Air Force with respect to emergency access and
response, as in existence as of the date of enactment of this Act.
(g) Withdrawal.--Subject to valid existing rights, the BLM land is
withdrawn from all forms of appropriation under the public land laws,
including the mining laws, the mineral leasing laws, and the geothermal
leasing laws.
(h) Limitation on Future Rights-of-Way or Use Permits.--The
Secretary may not issue any new use permits or rights-of-way on the BLM
land for any purposes that the Secretary of the Air Force determines to
be incompatible with current or projected military requirements, with
consideration given to the rangeland improvements under section
3015(h).
(i) Grazing and Ranching.--Efforts described in this title to
facilitate grazing and ranching on the BLM land and the non-Federal
land described in section 3022(3) shall be considered to be compatible
with mission requirements of the Utah Test and Training Range.
SEC. 3012. TEMPORARY CLOSURES.
(a) In General.--If the Secretary of the Air Force determines that
military operations (including operations relating to the fulfillment
of the mission of the Utah Test and Training Range), public safety, or
national security require the temporary closure to public use of any
road, trail, or other portion of the BLM land, the Secretary of the Air
Force may take such action as the Secretary of the Air Force determines
necessary to carry out the temporary closure.
(b) Limitations.--Any temporary closure under subsection (a)--
(1) shall be limited to the minimum areas and periods
during which the Secretary of the Air Force determines are
required to carry out a closure under this section;
(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 shall not be subject
to any temporary closure between August 21 and February 28, in
accordance with the lawful hunting methods and seasons of the State of
Utah.
(f) Emergency Ground Response.--A temporary closure of a portion of
the BLM land shall not affect the conduct of emergency response
activities on the BLM land during the temporary closure.
(g) Law Enforcement and Security.--The 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.
(h) Livestock.--Livestock shall be allowed to remain on the BLM
land during a temporary closure of the BLM land under this section.
SEC. 3013. COMMUNITY RESOURCE GROUP.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, there shall be established the Utah Test and
Training Range Community Resource 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 (acting through the State
Bureau of Land Management Office) shall appoint members to the
Community Group, including--
(A) operational and land management personnel of
the Air Force;
(B) 1 Indian representative, to be nominated by a
majority vote conducted among the Indian tribes in the
vicinity of the BLM land;
(C) not more than 2 county commissioners from each
of Box Elder, Tooele, and Juab Counties, Utah;
(D) 2 representatives of off-road and highway use,
hunting, and other recreational groups;
(E) 2 representatives of livestock grazers on any
public land located within the BLM land;
(F) 1 representative of the Utah Department of
Agriculture and Food; and
(G) not more than 3 representatives of State or
Federal offices or agencies, or private groups, 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.
(c) Conditions and Terms of Appointment.--
(1) In general.--Each member of the Community Group shall
serve voluntarily and without remuneration.
(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 Chairperson shall select \1/2\ of the original
members of the Community Group to serve for a term of 4
years and the \1/2\ to serve for a term of 2 years to
ensure the replacement of members shall be staggered
from year to year.
(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 retired; or
(iii) the position held by the member
described in subparagraphs (A) through (G) of
paragraph (1) has changed to the extent that
the ability of the member to represent the
group or entity that the member represents has
been significantly affected.
(d) Meetings.--
(1) In general.--The Community Group shall meet not less
than once per year, and at such other frequencies as determined
by five or more of the members of the Community Group.
(2) Responsibilities of community group.--The Community
Group shall be responsible for determining appropriate
schedules for, details of, and actions for meetings of the
Community Group.
(3) Notice.--The Chairperson shall provide notice to each
member of the Community Group not 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) Coordination With Recommendations of Community Group.--The
Secretary and the Secretary of the Air Force, consistent with existing
laws (including regulations), shall take under consideration
recommendations from the Community Group.
(f) Termination of Authority.--The Community Group shall terminate
on the date that is seven years after the date of enactment of this
Act, unless the Secretary and the Community Group mutually elect to
terminate the Community Group before that date.
(g) Renewal.--The Community Group may elect, by simple majority, to
renew the term of the Community Group for an additional seven years,
with the option to renew the term every seven years thereafter. Each
renewal must occur upon or within 90 days before termination of the
Community Group.
SEC. 3014. LIABILITY.
The United States (including all departments, 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. 3015. EFFECTS OF SUBTITLE.
(a) Effect on Weapon Impact Area.--Nothing in this subtitle expands
the boundaries of the weapon impact area of the Utah Test and Training
Range.
(b) Effect on Special Use Airspace and 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 Rights and Agreements.--
(1) Knolls special recreation management area; blm
community pits central grayback and south grayback.--Except as
provided in section 3012, nothing in this subtitle limits or
alters any existing right or right of access to--
(A) the Knolls Special Recreation Management Area;
or
(B)(i) the Bureau of Land Management Community Pits
Central Grayback and South Grayback; and
(ii) any other county or community pit located
within close proximity to the BLM land.
(2) National historic trails and other historical
landmarks.--Except as provided in section 3012, nothing in this
subtitle limits or alters any existing right or right of access
to a component of the National Trails System or other Federal
or State historic landmarks within the BLM land, including the
California National Historic Trail, the Pony Express National
Historic Trail, or the GAPA Launch Site and Blockhouse.
(3) Closure of interstate 80.--Nothing in this subtitle
authorizes any additional authority or right to the Secretary
or the Secretary of the Air Force to temporarily close
Interstate 80.
(4) Effect on limitation on amendments to certain
individual resource management plans.--Nothing in this subtitle
affects the limitation established under section 2815(d) of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 852).
(5) Effect on 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.
(6) 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 Water Rights.--
(1) No reservation created.--Nothing in this subtitle--
(A) establishes any reservation in favor of the
United States with respect to any water or water right
on the BLM land; or
(B) authorizes any appropriation of water on the
BLM land, except in accordance with applicable State
law.
(2) Previously acquired and reserved water rights.--Nothing
in this subtitle affects--
(A) any water right acquired or reserved by the
United States before the date of enactment of this Act;
or
(B) the authority of the Secretary or the Secretary
of the Air Force, as applicable, to exercise any water
right described in subparagraph (A).
(3) No effect on mccarran amendment.--Nothing in this
subtitle diminishes, enhances, or otherwise affects in any way
the rights, duties, and obligations of the United States, the
State of Utah, the counties in which the BLM land is situated,
and the residents and stakeholders in those counties under
section 208 of the Act of July 10, 1952 (commonly known as the
``McCarran Amendment'') (43 U.S.C. 666).
(e) Effect on Federally Recognized Indian Tribes.--
(1) In general.--Nothing in this subtitle alters any right
reserved by treaty or Federal law for a federally recognized
Indian tribe for tribal use.
(2) Consultation.--The Secretary of the Air Force shall
consult with any federally recognized Indian tribe in the
vicinity of the BLM land before taking any action that will
affect any tribal right or cultural resource protected by
treaty or Federal law.
(f) Effect on Payments in Lieu of Taxes.--
(1) Eligibility of blm land and non-federal land.--The BLM
land and the non-Federal land described in section 3022(3)
shall remain eligible as entitlement land under section 6901 of
title 31, United States Code.
(2) No prejudice to county payment in lieu of taxes
rights.--Nothing in this subtitle diminishes, enhances, or
otherwise affects any other right or entitlement of the
counties in which the BLM land is situated to payments in lieu
of taxes based on the BLM land, under section 6901 of title 31,
United States Code.
(g) Wildlife Guzzlers.--
(1) In general.--The Bureau of Land Management and the Utah
Division of Wildlife Resources shall continue the management of
wildlife guzzlers in existence as of the date of enactment of
this Act on the BLM land.
(2) New guzzlers.--Nothing in this subtitle prevents the
Bureau of Land Management and the Utah Division of Wildlife
Resources from entering into agreements for new wildlife
guzzlers.
(3) Acquired guzzlers.--The Secretary shall continue to
manage existing wildlife guzzlers or wildlife improvements on
the non-Federal land conveyed to the Secretary under section
3023(a) that were in existence on the day before the date of
the conveyance.
(h) Rangeland Improvements.--The Secretary shall continue to
manage, in a manner that promotes and facilitates grazing--
(1) rangeland improvements on the BLM land that are in
existence on the date of enactment of this Act; and
(2) rangeland improvements on the non-Federal land conveyed
to the Secretary under section 3023(a) that were in existence
on the day before the date of the conveyance.
(i) New Rangeland Improvements.--Nothing in this subtitle prevents
the Bureau of Land Management, the Utah Department of Agriculture or
other State entity, or a Federal land permittee from entering into
agreements for new rangeland improvements that promote and facilitate
grazing.
(j) School and Institutional Trust Lands Administration.--The
Bureau of Land Management shall maintain rangeland grazing improvements
in existence as of the date of enactment of this Act on acquired land
of the School and Institutional Trust Lands Administration.
Subtitle B--Land Exchange
SEC. 3021. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the State owns approximately 68,057 acres of land and
approximately 10,280 acres of mineral interests located within
the Utah Test and Training Range in Box Elder, Tooele, and Juab
Counties, Utah;
(2) the State owns approximately 2,353 acres of land and
approximately 3,560 acres of mineral interests located wholly
or partially within the Cedar Mountains Wilderness in Tooele
County, Utah;
(3) the parcels of State land described in paragraphs (1)
and (2)--
(A) were granted by Congress to the State pursuant
to the Act of July 16, 1894 (28 Stat. 107, chapter
138), to be held in trust for the benefit of the public
school system and other public institutions of the
State; and
(B) are largely scattered in checkerboard fashion
among Federal land;
(4) continued State ownership and development of State
trust land within the Utah Test and Training Range and the
Cedar Mountains Wilderness is incompatible with--
(A) the critical national defense uses of the Utah
Test and Training Range; and
(B) the Federal management of the Cedar Mountains
Wilderness; and
(5) it is in the public interest of the United States to
acquire in a timely manner all State trust land within the Utah
Test and Training Range and the Cedar Mountains Wilderness, in
exchange for the conveyance of the Federal land to the State,
in accordance with the terms and conditions described in this
subtitle.
(b) Purpose.--It is the purpose of this subtitle to direct,
facilitate, and expedite the exchange of certain Federal land and non-
Federal land between the United States and the State.
SEC. 3022. DEFINITIONS.
In this subtitle:
(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 February 12, 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) State.--The term ``State'' means the State of Utah,
acting through the School and Institutional Trust Lands
Administration.
SEC. 3023. 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) Valid Existing Rights.--The exchange authorized under
subsection (a) shall be subject to valid existing rights.
(c) Title Approval.--Title to the Federal land and non-Federal land
to be exchanged under this section shall be in a format acceptable to
the Secretary and the State.
(d) Appraisals.--
(1) In general.--The value of the Federal land and the non-
Federal land to be exchanged under this section shall be
determined by appraisals conducted by one or more independent
appraisers retained by the State, with the consent of the
Secretary.
(2) 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.
(3) Mineral land.--
(A) Mineral reports.--The appraisals under
paragraph (1) shall take into account mineral and
technical reports provided by the Secretary and the
State in the evaluation of mineral deposits in the
Federal land and non-Federal land.
(B) Mining claims.--An appraisal of any parcel of
Federal land that is encumbered by a mining or millsite
claim located under sections 2318 through 2352 of the
Revised Statutes (commonly known as the ``Mining Law of
1872'') (30 U.S.C. 21 et seq.) shall take into account
the encumbrance created by the claim for purposes of
determining the value of the parcel of the Federal
land.
(C) Validity examination.--Nothing in this subtitle
requires the United States to conduct a mineral
examination for any mining claim on the Federal land.
(4) Approval.--The appraisals conducted under paragraph (1)
shall be submitted to the Secretary and the State for approval.
(5) Dispute resolution.--If, by the date that is 90 days
after the date of submission of an appraisal for review and
approval under this subsection, the Secretary or the State do
not agree to accept the findings of the appraisals with respect
to one or more parcels of Federal land or non-Federal land, the
dispute shall be resolved in accordance with section 206(d)(2)
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(d)(2)).
(6) Duration.--The appraisals conducted under paragraph (1)
shall remain valid until the date of the completion of the
exchange authorized under this subtitle.
(7) Reimbursement of state costs.--The Secretary shall
reimburse the State in an amount equal to 50 percent of the
costs incurred by the State in retaining independent appraisers
under paragraph (1).
(e) Conveyance of Title.--The land exchange authorized under this
subtitle shall be completed by the later of--
(1) the date that is 1 year after the date of final
approval by the Secretary and the State of the appraisals
conducted under subsection (d); and
(2) the date that is 1 year after the date of completion of
the dispute resolution process authorized under subsection
(d)(5).
(f) 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 land to be exchanged under
this section shall be available for public review at the office
of the State Director of the Bureau of Land Management in the
State of Utah.
(2) Notice.--The Secretary or the State, as applicable,
shall publish in a newspaper of general circulation in Salt
Lake County, Utah, a notice that the appraisals conducted under
subsection (d) are available for public inspection.
(g) Equal Value Exchange.--
(1) In general.--The value of the Federal land and non-
Federal land to be exchanged under this section--
(A) shall be equal; or
(B) shall be made equal in accordance with
paragraph (2).
(2) Equalization.--
(A) Surplus of federal land.--
(i) In general.--If the value of the
Federal land exceeds the value of the non-
Federal land, the value of the Federal land and
non-Federal land shall be equalized by the
State conveying to the United States--
(I) State trust land parcel 1, as
described in the assessment entitled
``Bureau of Land Management
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) that has an appraised value equal
to the difference between--
(aa) the value of the
Federal land; and
(bb) the value of the non-
Federal land.
(ii) Order of conveyances.--Any non-Federal
land required to be conveyed to the United
States under clause (i) shall be conveyed until
the value of the Federal land and non-Federal
land is equalized, in the following order:
(I) The State trust land parcel
described in clause (i)(I).
(II) State trust land parcels
located in the Red Cliffs National
Conservation Area.
(III) State trust land parcels
located in the Docs Pass Wilderness.
(IV) State trust land parcels
located in the Beaver Dam Wash National
Conservation Area.
(B) Surplus of non-federal land.--If the value of
the non-Federal land exceeds the value of the Federal
land, the value of the Federal land and the non-Federal
land shall be equalized by the Secretary making a cash
equalization payment to the State, in accordance with
section 206(b) of the Federal Land Policy Management
(43 U.S.C. 1716(b)).
(h) 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 section is withdrawn from mineral
location, entry, and patent under the mining laws pending conveyance of
the Federal land to the State.
SEC. 3024. STATUS AND MANAGEMENT OF NON-FEDERAL LAND AFTER EXCHANGE.
(a) Non-Federal Land Within Utah Test and Training Range.--On
conveyance to the United States under this subtitle, the non-Federal
land located within the Utah Test and Training Range shall be managed
in accordance with the memorandum of agreement entered into under
section 3011(a).
(b) Non-Federal Land Within Cedar Mountains Wilderness.--On
conveyance to the United States 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.
SEC. 3025. HAZARDOUS MATERIALS.
(a) Costs.--Except as provided in subsection (b), the costs of
remedial actions relating to hazardous materials on land acquired under
this subtitle shall be paid by those entities responsible for the costs
under applicable law.
(b) Remediation of Prior Testing and Training Activity.--The
Department of Defense shall bear all costs of evaluation, management,
and remediation caused by the previous testing of military weapons
systems and the training of military forces on non-Federal land to be
conveyed to the United States under this subtitle.
Subtitle C--Highway Rights-of-way
SEC. 3031. RECOGNITION AND TRANSFER OF CERTAIN HIGHWAY RIGHTS-OF-WAY.
(a) Definitions.--In this section:
(1) Highway right-of-way.--The term ``highway right-of-
way'' means a right-of-way across Federal land for all county
roads in the Counties of Box Elder, Tooele, and Juab, in the
State of Utah, according to official transportation map and
centerline descriptions of each county in existence as of March
1, 2015.
(2) Map.--The term ``official transportation map and
centerline description'' means--
(A) the map entitled ``Official Transportation Map
of Box Elder County, Utah'' and dated March 1, 2015,
and accompanying centerline description of each road on
file with the Clerk of Box Elder County as of March 1,
2015;
(B) the map entitled ``Official Transportation Map
of Tooele County'' and dated March 1, 2015, and
accompanying centerline description of each road on
file with the Clerk of Tooele County as of March 1,
2015; and
(C) the map entitled ``Official Transportation Map
of Juab County'' and dated March 1, 2015, and
accompanying centerline description of each road on
file with the Clerk of Juab County as of March 1, 2015.
(3) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
land administered by the Chief of the Forest Service;
or
(B) the Secretary of the Interior, with respect to
land administered by the Director of the Bureau of Land
Management.
(b) Recognition of Existence and Validity of Rights-of-Way.--
Congress recognizes the existence and validity of each of the highway
rights-of-way identified on the official transportation maps and
centerline descriptions.
(c) Conveyance of an Easement Across Federal Land.--
(1) Box elder county, utah.--The Secretary shall convey,
without consideration, to Box Elder County, Utah, and the State
of Utah as joint tenants with undivided interests, easements
for motorized travel rights-of-way across Federal land for all
highways shown and described in the official transportation map
and centerline description of the county described in
subsection (a)(2)(A).
(2) Juab county, utah.--The Secretary shall convey, without
consideration, to Juab County, Utah, and the State of Utah as
joint tenants with undivided interests, easements for motorized
travel rights-of-way across Federal land for all highways shown
and described in the official transportation map and centerline
description of the county described in subsection (a)(2)(B).
(3) Tooele county, utah.--The Secretary shall convey,
without consideration, to Tooele County, Utah, and the State of
Utah as joint tenants with undivided interests, easements for
motorized travel rights-of-way across Federal land for all
highways shown and described in the official transportation map
and centerline description of the county described in
subsection (a)(2)(C).
(d) Description of Federal Land Subject to Easement.--
(1) In general.--All easements under subsection (c) shall
include--
(A) the current disturbed width of each subject
highway as shown and described in the official
transportation maps and centerline descriptions; and
(B) any additional acreage on either side of the
disturbed width that the respective county
transportation department determines is necessary for
the efficient maintenance, repair, signage,
administration, and use of the Federal land subject to
the easement.
(2) Description.--
(A) In general.--The exact acreage and legal
description of the Federal land subject to the
easements conveyed under subsection (c) shall be--
(i) as described in the centerline
descriptions;
(ii) as referenced in the official
transportation maps; and
(iii) as described and referenced according
to the disturbed width of each highway as of
the date of conveyance for travel purposes,
plus any reasonable additional width as may be
necessary for surface maintenance, repairs, and
turnaround purposes.
(B) Survey not required.--Notwithstanding any other
provision of law, the conveyance of easements under
subsection (c) shall be effective without a survey of
the exact acreage and local description of the Federal
land subject to the easements.
(e) Retention of Maps and Centerline Descriptions.--The maps and
centerline descriptions referred to in clauses (i) and (ii) of
subsection (d)(2)(A) shall be on file in the appropriate office of the
Secretary.
(f) Exclusion of Certain Class D Roads From Road Easement
Conveyances.--Notwithstanding the highway rights-of-way identified on
the official transportation maps and centerline descriptions, this
section does not apply to any class D road located within the
boundaries of--
(1) Cedar Mountain Wilderness Area designated by section
384(a) of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3217; 16 U.S.C. 1132
note); or
(2) any wilderness study area within Box Elder County,
Tooele County, or Juab County, Utah, designated in law or by
administrative action.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY 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.--The Atomic Energy Defense Act (50 U.S.C. 2501 et
seq.) is amended by inserting after section 4732 the following new
section:
``SEC. 4733. INDEPENDENT ACQUISITION PROJECT 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 that--
``(A) the total project cost of which is more than
$500,000,000; and
``(B) is covered by Department of Energy Order
413.3, or a successor order, for the 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. 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 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) by striking paragraph (2) of subsection (c) and
inserting the following new paragraph:
``(2) Budget requests.--If the Secretaries determine under
paragraph (1) that research and development of an advanced
naval nuclear fuel 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. 3113. DISPOSITION OF WEAPONS-USABLE PLUTONIUM.
(a) In General.--Except as provided by subsection (c), using funds
described in subsection (b), the Secretary of Energy shall carry out
construction and project support activities relating to the MOX
facility.
(b) Funds Described.--The funds described in this subsection are
the following:
(1) Funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 for the National
Nuclear Security Administration for the MOX facility for
construction and project support activities.
(2) Funds authorized to be appropriated for a fiscal year
prior to fiscal year 2017 for the National Nuclear Security
Administration for the MOX facility for construction and
project support activities that are unobligated as of the date
of the enactment of this Act.
(c) Waiver.--The Secretary may waive the requirement in subsection
(a) to carry out construction and project support activities relating
to the MOX facility if--
(1) the Secretary submits to the congressional defense
committees--
(A) an updated performance baseline for
construction and project support activities relating to
the MOX facility as required by section 3119(b) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1197);
(B) notification that the Secretary has sought to
enter into consultations with any relevant State or
government of a foreign country necessary to pursue an
alternative option for carrying out the plutonium
disposition program, including a comprehensive
description of the status of such consultations and a
detailed plan and schedule for concluding such
consultations;
(C) the commitment of the Secretary to remove
plutonium from South Carolina and ensure a sustainable
future for the Savannah River Site; and
(D) either--
(i) notification that the prime contractor
of the MOX facility has not submitted a
proposal, during the three-month period
following the date on which the Secretary
requests such a proposal, for a fixed-price
contract for completing construction and
project support activities for the MOX
facility; or
(ii) certification that such proposal is
materially deficient or non-responsive, or that
an alternative option for carrying out the
plutonium disposition program exists and the
total lifecycle cost of such alternative option
would be less than approximately half of the
estimated remaining total lifecycle cost of the
mixed-oxide fuel program; and
(2) a period of 15 days has elapsed following the date of
such submission.
(d) Definitions.--In this section:
(1) The term ``MOX facility'' means the mixed-oxide fuel
fabrication facility at the Savannah River Site, Aiken, South
Carolina.
(2) The term ``project support activities'' means
activities that support the design, long-lead equipment
procurement, and site preparation of the MOX facility.
SEC. 3114. DESIGN BASIS THREAT.
(a) Update to Order.--Not later than August 31, 2016, the Secretary
of Energy shall update Department of Energy Order 470.3B relating to
the design basis threat for protecting nuclear weapons, special nuclear
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. 3115. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROVISION OF
CERTAIN ASSISTANCE TO 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 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--
(1) to meet requirements the Secretary determines to be new
and emergency in nature; and
(2) if--
(A) the Secretary submits to the appropriate
congressional committees a report containing--
(i) a notification that such a waiver is in
the national security interest of the United
States;
(ii) justification for such a waiver,
including an explanation of how meets the
requirements under paragraph (1); and
(iii) a certification that there is no
backlog of deferred maintenance with respect to
physical security equipment and related
infrastructure at each Department of Energy
defense nuclear facility; and
(B) a period of 15 days elapses following the date
on which the Secretary submits such report.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
(2) The term ``Department of Energy defense nuclear
facility'' has the meaning given that term in section 318 of
the Atomic Energy Act of 1954 (42 U.S.C. 2286g).
SEC. 3116. LIMITATION ON AVAILABILITY OF FUNDS FOR FEDERAL SALARIES AND
EXPENSES.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for the National Nuclear Security
Administration for defense-related Federal salaries and expenses, not
more than 90 percent may be obligated or expended until the date on
which the Secretary of Energy submits to the 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 to be developed
by not later than the same time as the budget of the President
for fiscal year 2018 pursuant to paragraphs (2) and (3)(B) of
section 4509(a) of the Atomic Energy Defense Act (50 U.S.C.
2660(a)(2)).
(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.
SEC. 3117. 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. 3118. 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 (d), none of the funds authorized to be
appropriated by this Act or otherwise made available for any of fiscal
years 2017 through 2021 for the National Nuclear Security
Administration may be obligated or expended to accelerate the nuclear
weapons dismantlement activities of the Administration to a rate that
exceeds the rate described in the Stockpile Stewardship and Management
Plan schedule.
(c) Limitation on Dismantlement of Certain Cruise Missile
Warheads.--Except as provided by subsection (d), none of the funds
authorized to be appropriated by this Act or otherwise made available
for any of fiscal years 2017 through 2021 for the National Nuclear
Security Administration may be obligated or expended to dismantle or
dispose a W84 nuclear weapon.
(d) Exception.--The limitations in subsection (b) and (c) shall not
apply to the following:
(1) The dismantlement of a nuclear weapon not covered by
the Stockpile Stewardship and 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 Article II,
section 2, clause 2 of the Constitution
after the date of the enactment of this
Act; or
(II) by an Act of Congress, as
described in section 303(b) of the Arms
Control and Disarmament Act (22 U.S.C.
2573(b)).
(e) Stockpile Stewardship and Management Plan Schedule Defined.--In
this section, the term ``Stockpile Stewardship and Management Plan
schedule'' means the schedule described in table 2-7 of the annex of
the report titled ``Fiscal Year 2016 Stockpile 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)).
SEC. 3119. ANNUAL CERTIFICATION OF SHIPMENTS TO WASTE ISOLATION PILOT
PLANT.
(a) Annual Certification.--During the five-year period beginning on
the date of the enactment of this Act, not later than February 1 of
each year, the Secretary of Energy shall certify to the congressional
defense committees the following, with respect to the year covered by
the certification:
(1) The covered contractors have certified to the
Administrator for Nuclear Security that the covered contractors
are aware of the contents of each container shipped by the
covered contractors to the Waste Isolation Pilot Plant,
Carlsbad, New Mexico, in sufficient detail to ensure that the
container is handled properly to prevent the release of
radiation or contamination.
(2) The Administrator is aware of the contents of each
container shipped by the Administrator or covered contractors
to the Waste Isolation Pilot Plant, Carlsbad, New Mexico, in
such sufficient detail.
(3) The Assistant Secretary of Energy for Environmental
Management is aware of the contents of each container shipped
from a clean-up site to the Waste Isolation Pilot Plant in such
sufficient detail.
(b) Covered Contractors Defined.--In this section, the term
``covered contractors'' means each management and operating contractor
of a national security laboratory or nuclear weapons production
facility (as such terms are defined in section 4002 of the Atomic
Energy Defense Act (50 U.S.C. 2501) that ships materials to the Waste
Isolation Pilot Plant, Carlsbad, New Mexico.
SEC. 3119A. LIMITATION ON AVAILABILITY OF FUNDS FOR THE DEPARTMENT OF
ENERGY.
(a) Limitation.--Of the funds authorized to be appropriated or
otherwise made available for fiscal year 2017 for the Department of
Energy for the Office of the Secretary of Energy, not more than 50
percent may be obligated or expended until the date on which the
Secretary submits to the appropriate congressional committees the
report under subsection (b).
(b) Report.--Not later than 15 days after the date of the enactment
of this Act, the Secretary shall submit to the appropriate
congressional committees the full report, and any related materials,
titled ``U.S. Nuclear Deterrence in the Coming Decades'', dated August
15, 2014.
(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. 3119B. SENSE OF CONGRESS REGARDING ACCOUNTING PRACTICES BY
LABORATORY OPERATING CONTRACTORS AND PLANT OR SITE
MANAGERS OF NATIONAL NUCLEAR SECURITY ADMINISTRATION
FACILITIES.
It is the sense of Congress that the Secretary of Energy should
ensure that each laboratory operating contractor or plant or site
manager of a National Nuclear Security Administration facility adopt
generally accepted and consistent accounting practices for laboratory,
plant, or site directed research and development.
SEC. 3119C. PROTECTION OF CERTAIN NUCLEAR FACILITIES FROM UNMANNED
AIRCRAFT.
(a) In General.--The Atomic Energy Defense Act (50 U.S.C. 2501 et
seq.) is amended by inserting after section 4509 the following new
section:
``SEC. 4510. PROTECTION OF CERTAIN NUCLEAR FACILITIES FROM UNMANNED
AIRCRAFT.
``(a) Authority.--The Secretary of Energy may take such actions
described in subsection (b)(1) that are necessary to mitigate the
threat of an unmanned aircraft system or unmanned aircraft that poses
an imminent threat (as defined by the Secretary of Energy, in
coordination with the Secretary of Transportation) to the safety or
security of a covered facility.
``(b) Actions Described.--(1) The actions described in this
paragraph are the following:
``(A) Disrupt control of the unmanned aircraft system or
unmanned aircraft.
``(B) Seize and exercise control of the unmanned aircraft
system or unmanned aircraft.
``(C) Seize or otherwise confiscate the unmanned aircraft
system or unmanned aircraft.
``(D) Use reasonable force to disable or destroy the
unmanned aircraft system or unmanned aircraft.
``(2) The Secretary of Energy shall develop the actions described
in paragraph (1) in coordination with the Secretary of Transportation,
consistent with the protection of information regarding sensitive
defense or national security capabilities.
``(c) Forfeiture.--(1) Any unmanned aircraft system or unmanned
aircraft described in subsection (a) shall be subject to seizure and
forfeiture to the United States.
``(2) The Secretary of Energy may prescribe regulations to
establish reasonable exceptions to paragraph (1), including in cases
where--
``(A) the operator of the unmanned aircraft system or
unmanned aircraft obtained the control and possession of such
system or aircraft illegally; or
``(B) the operator of the unmanned aircraft system or
unmanned aircraft is an employee of a common carrier acting in
manner described in subsection (a) without the knowledge of the
common carrier.
``(d) Regulations.--Not later than 180 days after the date of the
enactment of this section, the Secretary of Energy and the Secretary of
Transportation shall prescribe regulations and issue guidance in the
respective areas of each Secretary to carry out this section.
``(e) Definitions.--In this section:
``(1) The term `covered facility' means any facility that--
``(A) is identified by the Secretary of Energy for
purposes of this section;
``(B) is located in the United States (including
the territories and possessions of the United States);
and
``(C) is owned by the United States, or contracted
to the United States, to store or use special nuclear
material.
``(2) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meaning 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 from unmanned
aircraft.''.
Subtitle C--Plans and Reports
SEC. 3121. CLARIFICATION OF ANNUAL REPORT AND CERTIFICATION ON STATUS
OF SECURITY OF ATOMIC ENERGY DEFENSE FACILITIES.
Section 4506(b)(1)(B) of the Atomic Energy Defense Act (50 U.S.C.
2657) is amended to read as follows:
``(B) written certification that such facilities are secure
and that the security measures at such facilities meet the
security standards and requirements of the Department of
Energy.''.
SEC. 3122. ANNUAL REPORT ON SERVICE SUPPORT CONTRACTS OF THE NATIONAL
NUCLEAR SECURITY ADMINISTRATION.
Section 3241A(f) of the National Nuclear Security Administration
Act (50 U.S.C. 2441a(f)) is amended by adding at the end the following
new paragraph:
``(5) With respect to each contract identified under
paragraph (2)--
``(A) the cost of the contract; and
``(B) identification of the program or program
direction accounts that support the contract.''.
SEC. 3123. REPEAL 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), as
amended by section 3125 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 127 Stat. 1063), is further
amended--
(1) in subsection (b)(1), by striking ``, and to the
Comptroller General of the United States,'';
(2) by striking subsection (e); and
(3) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
SEC. 3124. 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 September 30, 2017, the National
Academy of Sciences shall submit to the congressional defense
committees and the Secretary a report on the assessment under
subsection (a).
SEC. 3125. UPDATED PLAN FOR VERIFICATION AND 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 House of Representatives and the Senate (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 Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(4) The Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(5) The Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 3126. BRIEFING ON THE INFORMATION-INTERCHANGE OF LOW-ENRICHED
URANIUM.
(a) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, the Secretary of
Energy, and the Secretary of State shall provide a briefing to the
appropriate congressional committees on the feasibility and potential
benefits of a dialogue between the United States and France on the use
of low-enriched uranium in naval reactors.
(b) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(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;
(3) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate; and
(4) the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2017,
$31,000,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NUCLEAR ENERGY INNOVATION CAPABILITIES
SEC. 3301. SHORT TITLE.
This title may be cited as the ``Nuclear Energy Innovation
Capabilities Act''.
SEC. 3302. NUCLEAR ENERGY.
Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is
amended to read as follows:
``SEC. 951. NUCLEAR ENERGY.
``(a) Mission.--The Secretary shall conduct programs of civilian
nuclear research, development, demonstration, and commercial
application, including activities in this subtitle. Such programs shall
take into consideration the following objectives:
``(1) Providing research infrastructure to promote
scientific progress and enable users from academia, the
National Laboratories, and the private sector to make
scientific discoveries relevant for nuclear, chemical, and
materials science engineering.
``(2) Maintaining National Laboratory and university
nuclear energy research and development programs, including
their infrastructure.
``(3) Providing the technical means to reduce the
likelihood of nuclear weapons proliferation and increasing
confidence margins for public safety of nuclear energy systems.
``(4) Reducing the environmental impact of nuclear energy
related activities.
``(5) Supporting technology transfer from the National
Laboratories to the private sector.
``(6) Enabling the private sector to partner with the
National Laboratories to demonstrate novel reactor concepts for
the purpose of resolving technical uncertainty associated with
the aforementioned objectives in this subsection.
``(b) Definitions.--In this subtitle:
``(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' means--
``(A) a nuclear fission reactor with significant
improvements over the most recent generation of nuclear
fission reactors, which may include inherent safety
features, lower waste yields, greater fuel utilization,
superior reliability, resistance to proliferation, and
increased thermal efficiency; or
``(B) a nuclear fusion reactor.
``(2) Fast neutron.--The term `fast neutron' means a
neutron with kinetic energy above 100 kiloelectron volts.
``(3) National laboratory.--The term `National Laboratory'
has the meaning given that term in paragraph (3) of section 2,
except that with respect to subparagraphs (G), (H), and (N) of
such paragraph, for purposes of this subtitle the term includes
only the civilian activities thereof.
``(4) Neutron flux.--The term `neutron flux' means the
intensity of neutron radiation measured as a rate of flow of
neutrons applied over an area.
``(5) Neutron source.--The term `neutron source' means a
research machine that provides neutron irradiation services for
research on materials sciences and nuclear physics as well as
testing of advanced materials, nuclear fuels, and other related
components for reactor systems.''.
SEC. 3303. NUCLEAR ENERGY RESEARCH PROGRAMS.
Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 3304. ADVANCED FUEL CYCLE INITIATIVE.
Section 953(a) of the Energy Policy Act of 2005 (42 U.S.C.
16273(a)) is amended by striking ``, acting through the Director of the
Office of Nuclear Energy, Science and Technology,''.
SEC. 3305. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT.
Section 954(d)(4) of the Energy Policy Act of 2005 (42 U.S.C.
16274(d)(4)) is amended by striking ``as part of a taking into
consideration effort that emphasizes'' and inserting ``that
emphasize''.
SEC. 3306. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR INFRASTRUCTURE AND
FACILITIES.
Section 955 of the Energy Policy Act of 2005 (42 U.S.C. 16275) is
amended--
(1) by striking subsections (c) and (d); and
(2) by adding at the end the following:
``(c) Versatile Neutron Source.--
``(1) Mission need.--Not later than December 31, 2016, the
Secretary shall determine the mission need for a versatile
reactor-based fast neutron source, which shall operate as a
national user facility. During this process, the Secretary
shall consult with the private sector, universities, National
Laboratories, and relevant Federal agencies to ensure that this
user facility will meet the research needs of the largest
possible majority of prospective users.
``(2) Establishment.--Upon the determination of mission
need made under paragraph (1), the Secretary shall, as
expeditiously as possible, provide to the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
detailed plan for the establishment of the user facility.
``(3) Facility requirements.--
``(A) Capabilities.--The Secretary shall ensure
that this user facility will provide, at a minimum, the
following capabilities:
``(i) Fast neutron spectrum irradiation
capability.
``(ii) Capacity for upgrades to accommodate
new or expanded research needs.
``(B) Considerations.--In carrying out the plan
provided under paragraph (2), the Secretary shall
consider the following:
``(i) Capabilities that support
experimental high-temperature testing.
``(ii) Providing a source of fast neutrons
at a neutron flux, higher than that at which
current research facilities operate, sufficient
to enable research for an optimal base of
prospective users.
``(iii) Maximizing irradiation flexibility
and irradiation volume to accommodate as many
concurrent users as possible.
``(iv) Capabilities for irradiation with
neutrons of a lower energy spectrum.
``(v) Multiple loops for fuels and
materials testing in different coolants.
``(vi) Additional pre-irradiation and post-
irradiation examination capabilities.
``(vii) Lifetime operating costs and
lifecycle costs.
``(4) Reporting progress.--The Department shall, in its
annual budget requests, provide an explanation for any delay in
its progress and otherwise make every effort to complete
construction and approve the start of operations for this
facility by December 31, 2025.
``(5) Coordination.--The Secretary shall leverage the best
practices for management, construction, and operation of
national user facilities from the Office of Science.''.
SEC. 3307. SECURITY OF NUCLEAR FACILITIES.
Section 956 of the Energy Policy Act of 2005 (42 U.S.C. 16276) is
amended by striking ``, acting through the Director of the Office of
Nuclear Energy, Science and Technology,''.
SEC. 3308. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH.
Section 957 of the Energy Policy Act of 2005 (42 U.S.C. 16277) is
amended to read as follows:
``SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH.
``(a) Modeling and Simulation.--The Secretary shall carry out a
program to enhance the Nation's capabilities to develop new reactor
technologies through high-performance computation modeling and
simulation techniques. This program shall coordinate with relevant
Federal agencies through the National Strategic Computing Initiative
created under Executive Order No. 13702 (July 29, 2015) while taking
into account the following objectives:
``(1) Utilizing expertise from the private sector,
universities, and National Laboratories to develop
computational software and capabilities that prospective users
may access to accelerate research and development of advanced
nuclear reactor systems and reactor systems for space
exploration.
``(2) Developing computational tools to simulate and
predict nuclear phenomena that may be validated through
physical experimentation.
``(3) Increasing the utility of the Department's research
infrastructure by coordinating with the Advanced Scientific
Computing Research program within the Office of Science.
``(4) Leveraging experience from the Energy Innovation Hub
for Modeling and Simulation.
``(5) Ensuring that new experimental and computational
tools are accessible to relevant research communities.
``(b) Supportive Research Activities.--The Secretary shall consider
support for additional research activities to maximize the utility of
its research facilities, including physical processes to simulate
degradation of materials and behavior of fuel forms and for validation
of computational tools.''.
SEC. 3309. ENABLING NUCLEAR ENERGY INNOVATION.
Subtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C.
16271 et seq.) is amended by adding at the end the following:
``SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION.
``(a) National Reactor Innovation Center.--The Secretary shall
carry out a program to enable the testing and demonstration of reactor
concepts to be proposed and funded by the private sector. The Secretary
shall leverage the technical expertise of relevant Federal agencies and
National Laboratories in order to minimize the time required to enable
construction and operation of privately funded experimental reactors at
National Laboratories or other Department-owned sites. Such reactors
shall operate to meet the following objectives:
``(1) Enabling physical validation of novel reactor
concepts.
``(2) Resolving technical uncertainty and increasing
practical knowledge relevant to safety, resilience, security,
and functionality of first-of-a-kind reactor concepts.
``(3) General research and development to improve nascent
technologies.
``(b) Reporting Requirement.--Not later than 180 days after the
date of enactment of the Nuclear Energy Innovation Capabilities Act,
the Secretary, in consultation with the National Laboratories, relevant
Federal agencies, and other stakeholders, shall transmit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report assessing the Department's capabilities to
authorize, host, and oversee privately funded experimental advanced
nuclear reactors as described under subsection (a). The report shall
address the following:
``(1) The Department's oversight capabilities, including
options to leverage expertise from the Nuclear Regulatory
Commission and National Laboratories.
``(2) Potential sites capable of hosting activities
described under subsection (a).
``(3) The efficacy of the Department's available
contractual mechanisms to partner with the private sector and
Federal agencies, including cooperative research and
development agreements, strategic partnership projects, and
agreements for commercializing technology.
``(4) Potential cost structures related to long-term
projects, including physical security, distribution of
liability, and other related costs.
``(5) Other challenges or considerations identified by the
Secretary.''.
SEC. 3310. BUDGET PLAN.
(a) In General.--Subtitle E of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16271 et seq.) is further amended by adding at the end
the following:
``SEC. 959. BUDGET PLAN.
``Not later than 12 months after the date of enactment of the
Nuclear Energy Innovation Capabilities Act, the Department shall
transmit to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate 2 alternative 10-year budget plans for civilian
nuclear energy research and development by the Department. The first
shall assume constant annual funding for 10 years at the appropriated
level for the Department's civilian nuclear energy research and
development for fiscal year 2016. The second shall be an unconstrained
budget. The two plans shall include--
``(1) a prioritized list of the Department's programs,
projects, and activities to best support the development of
advanced nuclear reactor technologies;
``(2) realistic budget requirements for the Department to
implement sections 955(c), 957, and 958 of this Act; and
``(3) the Department's justification for continuing or
terminating existing civilian nuclear energy research and
development programs.''.
(b) Report on Fusion Innovation.--Not later than 6 months after the
date of enactment of this title, the Secretary of the Department of
Energy shall transmit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that will identify
engineering designs for innovative fusion energy systems that have the
potential to demonstrate net energy production not later than 15 years
after the start of construction. In this report, the Secretary will
identify budgetary requirements that would be necessary for the
Department to carry out a fusion innovation initiative to accelerate
research and development of these designs.
SEC. 3311. CONFORMING AMENDMENTS.
The table of contents for the Energy Policy Act of 2005 is amended
by striking the item relating to section 957 and inserting the
following:
``957. High-performance computation and supportive research.
``958. Enabling nuclear energy innovation.
``959. Budget plan.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be 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 ADMINISTRATION
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
Funds are hereby authorized to be appropriated for fiscal year
2017, to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation
for Maritime Administration programs associated with maintaining the
United States merchant marine, as follows:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $99,902,000.
(2) For expenses necessary to support the State maritime
academies, $29,550,000.
(3) For expenses necessary to support Maritime
Administration operations and programs, $58,694,000.
(4) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $20,000,000, to remain
available until expended.
(5) For expenses to maintain and preserve a United States-
flag merchant marine to serve the national security needs of
the United States under chapter 531 of title 46, United States
Code, $299,997,000.
SEC. 3502. AUTHORITY TO MAKE PRO RATA ANNUAL PAYMENTS UNDER OPERATING
AGREEMENTS FOR VESSELS PARTICIPATING IN MARITIME SECURITY
FLEET.
Section 53106(d) of title 46, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end following:
``(4) may make a pro rata reduction in payment if
sufficient funds have not been appropriated to pay the full
annual payment authorized in subsection (a).''.
SEC. 3503. AUTHORITY TO EXTEND CERTAIN AGE 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,
extend the maximum age restrictions under section 53101(5)(A)(ii) and
section 53106(c)(3) for a period of up to 5 years if the Secretaries
jointly determine that it is in the national interest to do so.''.
(2) Conforming amendment.--The heading of subsection (f) of
such section is amended to read as follows: ``Authority To
Waive Age 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. 3504. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD
AUTHORIZATION ACTS.
(a) Short Title Correction.--The Coast Guard Authorization Act of
2015 (Public Law 114-120) is amended by striking ``Coast Guard
Authorization Act of 2015'' each place it appears (including in quoted
material) and inserting ``Coast Guard Authorization Act of 2016''.
(b) Title 46, U.S.C.--
(1) Section 7510 of title 46, United States Code, is
amended--
(A) in subsection (c)(1)(D), by striking ``engine''
and inserting ``engineer''; and
(B) in subsection (c)(9), by inserting a period
after ``App'';
(2) Section 4503(f)(2) of title 46, United States Code, is
amended by striking ``, that'' and inserting ``, then''.
(c) Provisions Relating to the Pribilof Islands.--
(1) Short title correction.--Section 521 of the Coast Guard
Authorization Act of 2016 (Public Law 114-120), as amended by
subsection (a), is further amended by striking ``2015'' and
inserting ``2016''.
(2) Conforming amendment.--Section 105(e)(1) of the
Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public
Law 106-562) is amended by striking ``2015'' and inserting
``2016''.
(3) Technical correction.--Section 522(b)(2) of the Coast
Guard Authorization Act of 2016 (Public Law 114-120), as
amended by subsection (a), is further amended by striking
``subsection (a)'' and inserting ``paragraph (1)''.
(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. 3505. STATUS OF NATIONAL DEFENSE RESERVE FLEET VESSELS.
Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405)
is amended--
(1) in subsection (a), by adding at the end the following:
``Vessels in the National Defense Reserve Fleet, including
vessels loaned to State Maritime 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 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. 3506. NDRF NATIONAL SECURITY MULTI-MISSION VESSEL.
(a) In General.--Subject to the availability of appropriations for
fiscal year 2017 and each fiscal year thereafter, the Maritime
Administrator shall seek to contract for construction of a national
security multi-mission vessel for the National Defense Reserve Fleet
for--
(1) use as a training vessel that can be provided to State
maritime academies, under section 51504(b) of title 46, United
States Code; and
(2) humanitarian assistance, disaster response, domestic
and foreign emergency contingency operations, and other
authorized uses of vessels of the National Defense Reserve
Fleet.
(b) Construction and Documentation Requirements.--A vessel
constructed under this section shall--
(1) be constructed in a private United States shipyard;
(2) be constructed in accordance with designs approved by
the Maritime Administrator; and
(3) meet--
(A) the safety requirements of the Coast Guard as a
documented vessel; and
(B) the content standards of the Coast Guard to
qualify the vessel for a coastwise endorsement as if
such vessel were a privately owned and operated
commercial vessel; and
(4) be documented under section 12103 of title 46, United
States Code.
(c) Design Standards and Construction Practices.--Subject to
subsection (b), construction of a vessel under this section shall use
commercial design standards and commercial construction practices that
are consistent with the best interests of the Federal Government.
(d) General Agent Requirement.--The Maritime Administrator shall
enter into a contract or other agreement with the Secretary of the Navy
under which the Navy shall act as general agent for the Maritime
Administration for purposes of construction of a vessel under this
section.
(e) Contracts With Other Federal Entities.--The Maritime
Administrator may contract on a reimbursable basis with other Federal
entities for goods and services in connection with this section and
other associated future activities.
(f) Contractors.--Any contractor selected by the Maritime
Administration through its general agent to construct the vessel under
(a) shall be an entity established under the laws of the United States
or of a State, commonwealth, or territory of the United States, that
during the five-year period preceding the date of the enactment of this
Act, either directly or through a subsidiary, completed the
construction of a vessel in excess of 10,000 gross tons and documented
under section 12103 of title 46, United States Code.
(g) Repeal of Plan Approval Requirement.--Section 109(j)(3) of
title 49, United States Code, is repealed.
SEC. 3507. UNITED STATES MERCHANT MARINE ACADEMY.
(a) In General.--Section 51301 of title 46, United States Code, is
amended by adding at the end the following:
``(c) Superintendent.--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. The Secretary
of Transportation shall appoint the Superintendent 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 have
significant afloat command experience. Due to the unique mission of the
Academy, it is highly desirable that the Superintendent be a graduate
of the Academy and have attained an unlimited merchant mariner
officer's license.
``(d) Commandant of Midshipmen.--Subject to the direction of the
Superintendent, the Commandant is the immediate commander of the
Regiment of Midshipmen and is responsible for the instruction of all
midshipmen in maritime professionalism, ethics, leadership, and
military bearing necessary for future service as a licensed officer in
the merchant marine and a commissioned officer in the uniformed
services. The Commandant shall be appointed 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. It is highly desirable that the
Commandant have attained an unlimited merchant mariner officer's
license and is a graduate of United States Merchant Marine Academy.''.
(b) Limitation on Application.--The amendment made by subsection
(a) shall not apply with respect to the individual serving on the date
of the enactment of this Act as the Superintendent of the United States
Merchant Marine Academy.
SEC. 3508. USE OF NATIONAL DEFENSE RESERVE FLEET SCRAPPING PROCEEDS.
Section 308704(a)(1)(C) of title 54, United States Code, is amended
to read as follows:
``(C) The remainder shall be available to the
Secretary to carry out the Program, as provided in
subsection (b).''.
SEC. 3509. 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) Drydocks for Construction of Certain Naval Vessels.--
``(1) In general.--In the application of subsection
(a)(1)(C) to a floating drydock used for the construction of
naval vessels in a United States shipyard, `December 19, 2017'
shall be substituted for the date referred to in that
subsection if the Secretary of the Navy determines that--
``(A) such a drydock is necessary for the timely
completion of such construction; and
``(B)(i) such drydock is owned and 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) such drydock is--
``(I) notwithstanding subsection (a)(1)(B),
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.--No 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 House of
Representatives and the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of the
Senate of such a determinations.''.
SEC. 3510. EXPEDITED PROCESSING OF APPLICATIONS FOR TRANSPORTATION
SECURITY CARDS FOR SEPARATING MEMBERS OF THE ARMED FORCES
AND VETERANS.
(a) In General.--Section 70105 of title 46, United States Code, is
amended by adding at the end the following:
``(r) Expedited Issuance for Separating Service Members.--The
Secretary shall, using authority available under other provisions of
law--
``(1) seek to expedite processing of applications for
transportation security cards under this section for members of
the Armed Forces who are separating from active duty service
with a discharge other than a dishonorable discharge;
``(2) in consultation with the Secretary of Defense--
``(A) enhance efforts of the Department of Homeland
Security in assisting members of the Armed Forces who
are separating from active duty service with receiving
a transportation security card, including by--
``(i) including under the Transition
Assistance Program under section 1144 of title
10--
``(I) applications for such cards;
and
``(II) a form by which such a
member may grant the member's
permission for government agencies to
disclose to the Department of Homeland
Security findings of background
investigations of such member, for
consideration by the Department in
processing the member's application for
a transportation security card;
``(ii) providing opportunities for local
officials of the department in which the Coast
Guard is operating to partner with military
installations for that purpose; and
``(iii) ensuring that such members of the
Armed Forces are aware of opportunities to
apply for such cards;
``(B) seek to educate members of the Armed Forces
with competencies that are transferable to maritime
industries regarding--
``(i) opportunities for employment in such
industries; and
``(ii) the requirements and qualifications
for, and duties associated with, transportation
security cards; and
``(C) cooperate with other Federal agencies to
expedite the transfer to the Secretary the findings of
relevant background investigations and security
clearances; and
``(3) issue or deny a transportation security card under
this section for a veteran by not later than 13 days after the
date of the submission of the application for the card, unless
there is a substantial problem with the application that
prevents compliance with this paragraph.''.
(b) Reports.--Not later than 6 months after the date of the
enactment of this Act, and annually thereafter for each of the
subsequent 2 years, the Secretary of the department in which the Coast
Guard is operating, in consultation with the Secretary of Defense,
shall submit a report to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate describing and assessing the efforts
of such department to implement the amendment made by this section.
SEC. 3511. TRAINING UNDER TRANSITION ASSISTANCE PROGRAM ON EMPLOYMENT
OPPORTUNITIES ASSOCIATED WITH TRANSPORTATION SECURITY
CARDS.
(a) In General.--Section 1144(b) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(10) Acting through the Secretary of the department in
which the Coast Guard is operating, provide information on
career opportunities for employment 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 comply with the
requirements of subsection (b)(10) of such section, as added by
subsection (a), by not later than 180 days after the date of the
enactment of this Act.
SEC. 3512. APPLICATION OF LAW.
Section 4301 of title 46, United States Code, is amended by adding
at the end the following:
``(d) For purposes of any Federal law except the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), any vessel, including a
foreign vessel, being repaired or dismantled is deemed to be a
recreational vessel, as defined under section 2101(25), during such
repair or dismantling, if that vessel--
``(1) shares elements of design and construction of
traditional recreational vessels (as so defined); and
``(2) when operating is not normally engaged in a military,
commercial, or traditionally commercial undertaking.''.
TITLE XXXVI--BALLAST WATER
SEC. 3601. SHORT TITLE.
This title may be cited as the ``Vessel Incidental Discharge Act''.
SEC. 3602. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Aquatic nuisance species.--The term ``aquatic nuisance
species'' means a nonindigenous species (including a pathogen)
that threatens the diversity or abundance of native species or
the ecological stability of navigable waters or commercial,
agricultural, aquacultural, or recreational activities
dependent on such waters.
(3) Ballast water.--
(A) In general.--The term ``ballast water'' means
any water, including any sediment suspended in such
water, taken aboard a vessel--
(i) to control trim, list, draught,
stability, or stresses of the vessel; or
(ii) during the cleaning, maintenance, or
other operation of a ballast water treatment
technology of the vessel.
(B) Exclusions.--The term ``ballast water'' does
not include any pollutant that is added to water
described in subparagraph (A) that is not directly
related to the operation of a properly functioning
ballast water treatment technology under this title.
(4) Ballast water performance standard.--The term ``ballast
water performance standard'' means the numerical ballast water
discharge standard set forth in section 151.2030 of title 33,
Code of Federal Regulations, or section 151.1511 of title 33,
Code of Federal Regulations, as applicable, or a revised
numerical ballast water performance standard established under
subsection (a)(1)(B), (b), or (c) of section 3604 of this
title.
(5) Ballast water treatment technology or treatment
technology.--The term ``ballast water treatment technology'' or
``treatment technology'' means any mechanical, physical,
chemical, or biological process used, alone or in combination,
to remove, render harmless, or avoid the uptake or discharge
of, aquatic nuisance species within ballast water.
(6) Biocide.--The term ``biocide'' means a substance or
organism, including a virus or fungus, that is introduced into
or produced by a ballast water treatment technology to reduce
or eliminate aquatic nuisance species as part of the process
used to comply with a ballast water performance standard under
this title.
(7) Discharge incidental to the normal operation of a
vessel.--
(A) In general.--The term ``discharge incidental to
the normal operation of a vessel'' means--
(i) a discharge into navigable waters from
a vessel of--
(I)(aa) ballast water, graywater,
bilge water, cooling water, oil water
separator effluent, anti-fouling hull
coating leachate, boiler or economizer
blowdown, byproducts from cathodic
protection, controllable pitch
propeller and thruster hydraulic fluid,
distillation and reverse osmosis brine,
elevator pit effluent, firemain system
effluent, freshwater layup effluent,
gas turbine wash water, motor gasoline
and compensating effluent,
refrigeration and air condensate
effluent, seawater pumping biofouling
prevention substances, boat engine wet
exhaust, sonar dome effluent, exhaust
gas scrubber washwater, or stern tube
packing gland effluent; or
(bb) any other pollutant associated
with the operation of a marine
propulsion system, shipboard
maneuvering system, habitability
system, or installed major equipment,
or from a protective, preservative, or
absorptive application to the hull of a
vessel;
(II) weather deck runoff, deck
wash, aqueous film forming foam
effluent, chain locker effluent, non-
oily machinery wastewater, underwater
ship husbandry effluent, welldeck
effluent, or fish hold and fish hold
cleaning effluent; or
(III) any effluent from a properly
functioning marine engine; or
(ii) a discharge of a pollutant into
navigable waters in connection with the
testing, maintenance, or repair of a system,
equipment, or engine described in subclause
(I)(bb) or (III) of clause (i) whenever the
vessel is waterborne.
(B) Exclusions.--The term ``discharge incidental to
the normal operation of a vessel'' does not include--
(i) a discharge into navigable waters from
a vessel of--
(I) rubbish, trash, garbage,
incinerator ash, or other such material
discharged overboard;
(II) oil or a hazardous substance,
as those terms are defined in section
311 of the Federal Water Pollution
Control Act (33 U.S.C. 1321);
(III) sewage, as defined in section
312(a)(6) of the Federal Water
Pollution Control Act (33 U.S.C.
1322(a)(6)); or
(IV) graywater referred to in
section 312(a)(6) of the Federal Water
Pollution Control Act (33 U.S.C.
1322(a)(6));
(ii) an emission of an air pollutant
resulting from the operation onboard a vessel
of a vessel propulsion system, motor driven
equipment, or incinerator; or
(iii) a discharge into navigable waters
from a vessel when the vessel is operating in a
capacity other than as a means of
transportation on water.
(8) Geographically limited area.--The term ``geographically
limited area'' means an area--
(A) with a physical limitation, including
limitation by physical size and limitation by
authorized route, that prevents a vessel from operating
outside the area, as determined by the Secretary; or
(B) that is ecologically homogeneous, as determined
by the Secretary, in consultation with the heads of
other Federal departments or agencies as the Secretary
considers appropriate.
(9) Manufacturer.--The term ``manufacturer'' means a person
engaged in the manufacture, assemblage, or importation of
ballast water treatment technology.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
(11) Vessel.--The term ``vessel'' means every description
of watercraft or other artificial contrivance used, or
practically or otherwise capable of being used, as a means of
transportation on water.
SEC. 3603. REGULATION AND ENFORCEMENT.
(a) In General.--The Secretary, in consultation with the
Administrator, shall establish and implement enforceable uniform
national standards and requirements for the regulation of discharges
incidental to the normal operation of a vessel. The standards and
requirements shall--
(1) be based upon the best available technology
economically achievable; and
(2) supersede any permitting requirement or prohibition on
discharges incidental to the normal operation of a vessel under
any other provision of law.
(b) Administration and Enforcement.--The Secretary shall administer
and enforce the uniform national standards and requirements under this
title. Each State may enforce the uniform national standards and
requirements under this title.
SEC. 3604. UNIFORM NATIONAL STANDARDS AND REQUIREMENTS FOR THE
REGULATION OF DISCHARGES INCIDENTAL TO THE NORMAL
OPERATION OF A VESSEL.
(a) Requirements.--
(1) Ballast water management requirements.--
(A) In general.--Notwithstanding any other
provision of law, the requirements set forth in the
final rule, Standards for Living Organisms in Ships'
Ballast Water Discharged in U.S. Waters (77 Fed. Reg.
17254 (March 23, 2012), as corrected at 77 Fed. Reg.
33969 (June 8, 2012)), shall be the management
requirements for a ballast water discharge incidental
to the normal operation of a vessel until the Secretary
revises the ballast water performance standard under
subsection (b) or adopts a more stringent State
standard under subparagraph (B) of this paragraph.
(B) Adoption of more stringent state standard.--If
the Secretary makes a determination in favor of a State
petition under section 3609, the Secretary shall adopt
the more stringent ballast water performance standard
specified in the statute or regulation that is the
subject of that State petition in lieu of the ballast
water performance standard in the final rule described
under subparagraph (A).
(2) Initial management requirements for discharges other
than ballast water.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator, shall issue a final rule establishing best
management practices for discharges incidental to the normal
operation of a vessel other than ballast water.
(b) Revised Ballast Water Performance Standard; 7-Year Review.--
(1) In general.--Subject to the feasibility review under
paragraph (2), not later than January 1, 2022, the Secretary,
in consultation with the Administrator, shall issue a final
rule revising the ballast water performance standard under
subsection (a)(1) so that a ballast water discharge incidental
to the normal operation of a vessel will contain--
(A) less than 1 living organism per 10 cubic meters
that is 50 or more micrometers in minimum dimension;
(B) less than 1 living organism per 10 milliliters
that is less than 50 micrometers in minimum dimension
and more than 10 micrometers in minimum dimension;
(C) concentrations of indicator microbes that are
less than--
(i) 1 colony-forming unit of toxicogenic
Vibrio cholera (serotypes O1 and O139) per 100
milliliters or less than 1 colony-forming unit
of that microbe per gram of wet weight of
zoological samples;
(ii) 126 colony-forming units of
escherichia coli per 100 milliliters; and
(iii) 33 colony-forming units of intestinal
enterococci per 100 milliliters; and
(D) concentrations of such additional indicator
microbes and of viruses as may be specified in
regulations issued by the Secretary, in consultation
with the Administrator and such other Federal agencies
as the Secretary and the Administrator consider
appropriate.
(2) Feasibility review.--
(A) In general.--Not later than January 1, 2020,
the Secretary, in consultation with the Administrator,
shall complete a review to determine the feasibility of
achieving the revised ballast water performance
standard under paragraph (1).
(B) Criteria for review of ballast water
performance standard.--In conducting a review under
subparagraph (A), the Secretary shall consider whether
revising the ballast water performance standard will
result in a scientifically demonstrable and substantial
reduction in the risk of introduction or establishment
of aquatic nuisance species, taking into account--
(i) improvements in the scientific
understanding of biological and ecological
processes that lead to the introduction or
establishment of aquatic nuisance species;
(ii) improvements in ballast water
treatment technology, including--
(I) the capability of such
treatment technology to achieve a
revised ballast water performance
standard;
(II) the effectiveness and
reliability of such treatment
technology in the shipboard
environment;
(III) the compatibility of such
treatment technology with the design
and operation of a vessel by class,
type, and size;
(IV) the commercial availability of
such treatment technology; and
(V) the safety of such treatment
technology;
(iii) improvements in the capabilities to
detect, quantify, and assess the viability of
aquatic nuisance species at the concentrations
under consideration;
(iv) the impact of ballast water treatment
technology on water quality; and
(v) the costs, cost-effectiveness, and
impacts of--
(I) a revised ballast water
performance standard, including the
potential impacts on shipping, trade,
and other uses of the aquatic
environment; and
(II) maintaining the existing
ballast water performance standard,
including the potential impacts on
water-related infrastructure,
recreation, propagation of native fish,
shellfish, and wildlife, and other uses
of navigable waters.
(C) Lower revised performance standard.--
(i) In general.--If the Secretary, in
consultation with the Administrator,
determines, on the basis of the feasibility
review and after an opportunity for a public
hearing, that no ballast water treatment
technology can be certified under section 3605
to comply with the revised ballast water
performance standard under paragraph (1), the
Secretary shall require the use of the
treatment technology that achieves the
performance levels of the best treatment
technology available.
(ii) Implementation deadline.--If the
Secretary, in consultation with the
Administrator, determines that the treatment
technology under clause (i) cannot be
implemented before the implementation deadline
under paragraph (3) with respect to a class of
vessels, the Secretary shall extend the
implementation deadline for that class of
vessels for not more than 36 months.
(iii) Compliance.--If the implementation
deadline under paragraph (3) is extended, the
Secretary shall recommend action to ensure
compliance with the extended implementation
deadline under clause (ii).
(D) Higher revised performance standard.--
(i) In general.--If the Secretary, in
consultation with the Administrator, determines
that ballast water treatment technology exists
that exceeds the revised ballast water
performance standard under paragraph (1) with
respect to a class of vessels, the Secretary
shall revise the ballast water performance
standard for that class of vessels to
incorporate the higher performance standard.
(ii) Implementation deadline.--If the
Secretary, in consultation with the
Administrator, determines that the treatment
technology under clause (i) can be implemented
before the implementation deadline under
paragraph (3) with respect to a class of
vessels, the Secretary shall accelerate the
implementation deadline for that class of
vessels. If the implementation deadline under
paragraph (3) is accelerated, the Secretary
shall provide not less than 24 months notice
before the accelerated deadline takes effect.
(3) Implementation deadline.--The revised ballast water
performance standard under paragraph (1) shall apply to a
vessel beginning on the date of the first drydocking of the
vessel on or after January 1, 2022, but not later than December
31, 2024.
(4) Revised performance standard compliance deadlines.--
(A) In general.--The Secretary may establish a
compliance deadline for compliance by a vessel (or a
class, type, or size of vessel) with a revised ballast
water performance standard under this subsection.
(B) Process for granting extensions.--In issuing
regulations under this subsection, the Secretary shall
establish a process for an owner or operator to submit
a petition to the Secretary for an extension of a
compliance deadline with respect to the vessel of the
owner or operator.
(C) Period of extensions.--An extension issued
under subparagraph (B) may--
(i) apply for a period of not to exceed 18
months from the date of the applicable deadline
under subparagraph (A); and
(ii) be renewable for an additional period
of not to exceed 18 months.
(D) Factors.--In issuing a compliance deadline or
reviewing a petition under this paragraph, the
Secretary shall consider, with respect to the ability
of an owner or operator to meet a compliance deadline,
the following factors:
(i) Whether the treatment technology to be
installed is available in sufficient quantities
to meet the compliance deadline.
(ii) Whether there is sufficient shipyard
or other installation facility capacity.
(iii) Whether there is sufficient
availability of engineering and design
resources.
(iv) Vessel characteristics, such as engine
room size, layout, or a lack of installed
piping.
(v) Electric power generating capacity
aboard the vessel.
(vi) Safety of the vessel and crew.
(E) Consideration of petitions.--
(i) Determinations.--The Secretary shall
approve or deny a petition for an extension of
a compliance deadline submitted by an owner or
operator under this paragraph.
(ii) Deadline.--If the Secretary does not
approve or deny a petition referred to in
clause (i) on or before the last day of the 90-
day period beginning on the date of submission
of the petition, the petition shall be deemed
approved.
(c) Future Revisions of Vessel Incidental Discharge Standards;
Decennial Reviews.--
(1) Revised ballast water performance standards.--The
Secretary, in consultation with the Administrator, shall
complete a review, 10 years after the issuance of a final rule
under subsection (b) and every 10 years thereafter, to
determine whether further revision of the ballast water
performance standard would result in a scientifically
demonstrable and substantial reduction in the risk of the
introduction or establishment of aquatic nuisance species.
(2) Revised standards for discharges other than ballast
water.--The Secretary, in consultation with the Administrator,
may include in a decennial review under this subsection best
management practices for discharges covered by subsection
(a)(2). The Secretary shall initiate a rulemaking to revise 1
or more best management practices for such discharges after a
decennial review if the Secretary, in consultation with the
Administrator, determines that revising 1 or more of such
practices would substantially reduce the impacts on navigable
waters of discharges incidental to the normal operation of a
vessel other than ballast water.
(3) Considerations.--In conducting a review under paragraph
(1), the Secretary, the Administrator, and the heads of other
appropriate Federal agencies as determined by the Secretary,
shall consider the criteria under subsection (b)(2)(B).
(4) Revision after decennial review.--The Secretary shall
initiate a rulemaking to revise the current ballast water
performance standard after a decennial review if the Secretary,
in consultation with the Administrator, determines that
revising the current ballast water performance standard would
result in a scientifically demonstrable and substantial
reduction in the risk of the introduction or establishment of
aquatic nuisance species.
SEC. 3605. TREATMENT TECHNOLOGY CERTIFICATION.
(a) Certification Required.--Beginning 60 days after the date that
the requirements for testing protocols are issued under subsection (i),
no manufacturer of a ballast water treatment technology shall sell,
offer for sale, or introduce or deliver for introduction into
interstate commerce, or import into the United States for sale or
resale, a ballast water treatment technology for a vessel unless the
treatment technology has been certified under this section.
(b) Certification Process.--
(1) Evaluation.--Upon application of a manufacturer, the
Secretary shall evaluate a ballast water treatment technology
with respect to--
(A) the effectiveness of the treatment technology
in achieving the current ballast water performance
standard when installed on a vessel (or a class, type,
or size of vessel);
(B) the compatibility with vessel design and
operations;
(C) the effect of the treatment technology on
vessel safety;
(D) the impact on the environment;
(E) the cost effectiveness; and
(F) any other criteria the Secretary considers
appropriate.
(2) Approval.--If after an evaluation under paragraph (1)
the Secretary determines that the treatment technology meets
the criteria, the Secretary may certify the treatment
technology for use on a vessel (or a class, type, or size of
vessel).
(3) Suspension and revocation.--The Secretary shall
establish, by regulation, a process to suspend or revoke a
certification issued under this section.
(c) Certification Conditions.--
(1) Imposition of conditions.--In certifying a ballast
water treatment technology under this section, the Secretary,
in consultation with the Administrator, may impose any
condition on the subsequent installation, use, or maintenance
of the treatment technology onboard a vessel as is necessary
for--
(A) the safety of the vessel, the crew of the
vessel, and any passengers aboard the vessel;
(B) the protection of the environment; or
(C) the effective operation of the treatment
technology.
(2) Failure to comply.--The failure of an owner or operator
to comply with a condition imposed under paragraph (1) shall be
considered a violation of this section.
(d) Period for Use of Installed Treatment Equipment.--
Notwithstanding anything to the contrary in this title or any other
provision of law, the Secretary shall allow a vessel on which a system
is installed and operated to meet a ballast water performance standard
under this title to continue to use that system, notwithstanding any
revision of a ballast water performance standard occurring after the
system is ordered or installed until the expiration of the service life
of the system, as determined by the Secretary, so long as the system--
(1) is maintained in proper working condition; and
(2) is maintained and used in accordance with the
manufacturer's specifications and any treatment technology
certification conditions imposed by the Secretary under this
section.
(e) Certificates of Type Approval for the Treatment Technology.--
(1) Issuance.--If the Secretary approves a ballast water
treatment technology for certification under subsection (b),
the Secretary shall issue a certificate of type approval for
the treatment technology to the manufacturer in such form and
manner as the Secretary determines appropriate.
(2) Certification conditions.--A certificate of type
approval issued under paragraph (1) shall specify each
condition imposed by the Secretary under subsection (c).
(3) Owners and operators.--A manufacturer that receives a
certificate of type approval for the treatment technology under
this subsection shall provide a copy of the certificate to each
owner and operator of a vessel on which the treatment
technology is installed.
(f) Inspections.--An owner or operator who receives a copy of a
certificate under subsection (e)(3) shall retain a copy of the
certificate onboard the vessel and make the copy of the certificate
available for inspection at all times while the owner or operator is
utilizing the treatment technology.
(g) Biocides.--The Secretary may not approve a ballast water
treatment technology under subsection (b) if--
(1) it uses a biocide or generates a biocide that is a
pesticide, as defined in section 2 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136), unless the
biocide is registered under that Act or the Secretary, in
consultation with Administrator, has approved the use of the
biocide in such treatment technology; or
(2) it uses or generates a biocide the discharge of which
causes or contributes to a violation of a water quality
standard under section 303 of the Federal Water Pollution
Control Act (33 U.S.C. 1313).
(h) Prohibition.--
(1) In general.--Except as provided in paragraph (2), the
use of a ballast water treatment technology by an owner or
operator of a vessel shall not satisfy the requirements of this
title unless it has been approved by the Secretary under
subsection (b).
(2) Exceptions.--
(A) Coast guard shipboard technology evaluation
program.--An owner or operator may use a ballast water
treatment technology that has not been certified by the
Secretary to comply with the requirements of this
section if the technology is being evaluated under the
Coast Guard Shipboard Technology Evaluation Program.
(B) Ballast water treatment technologies certified
by foreign entities.--An owner or operator may use a
ballast water treatment technology that has not been
certified by the Secretary to comply with the
requirements of this section if the technology has been
certified by a foreign entity and the certification
demonstrates performance and safety of the treatment
technology equivalent to the requirements of this
section, as determined by the Secretary.
(i) Testing Protocols.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in consultation with the
Secretary, shall issue requirements for land-based and shipboard
testing protocols or criteria for--
(1) certifying the performance of each ballast water
treatment technology under this section; and
(2) certifying laboratories to evaluate such treatment
technologies.
SEC. 3606. EXEMPTIONS.
(a) In General.--No permit shall be required or prohibition
enforced under any other provision of law for, nor shall any standards
regarding a discharge incidental to the normal operation of a vessel
under this title apply to--
(1) a discharge incidental to the normal operation of a
vessel if the vessel is less than 79 feet in length and engaged
in commercial service (as defined in section 2101(5) of title
46, United States Code);
(2) a discharge incidental to the normal operation of a
vessel if the vessel is a fishing vessel, including a fish
processing vessel and a fish tender vessel (as defined in
section 2101 of title 46, United States Code);
(3) a discharge incidental to the normal operation of a
vessel if the vessel is a recreational vessel (as defined in
section 2101(25) of title 46, United States Code);
(4) the placement, release, or discharge of equipment,
devices, or other material from a vessel for the sole purpose
of conducting research on the aquatic environment or its
natural resources in accordance with generally recognized
scientific methods, principles, or techniques;
(5) any discharge into navigable waters from a vessel
authorized by an on-scene coordinator in accordance with part
300 of title 40, Code of Federal Regulations, or part 153 of
title 33, Code of Federal Regulations;
(6) any discharge into navigable waters from a vessel that
is necessary to secure the safety of the vessel or human life,
or to suppress a fire onboard the vessel or at a shoreside
facility; or
(7) a vessel of the armed forces of a foreign nation when
engaged in noncommercial service.
(b) Ballast Water Discharges.--No permit shall be required or
prohibition enforced under any other provision of law for, nor shall
any ballast water performance standards under this title apply to--
(1) a ballast water discharge incidental to the normal
operation of a vessel determined by the Secretary to--
(A) operate exclusively within a geographically
limited area;
(B) take up and discharge ballast water exclusively
within 1 Captain of the Port Zone established by the
Coast Guard, unless the Secretary determines such
discharge poses a substantial risk of introduction or
establishment of an aquatic nuisance species;
(C) operate pursuant to a geographic restriction
issued as a condition under section 3309 of title 46,
United States Code, or an equivalent restriction issued
by the country of registration of the vessel; or
(D) continuously take on and discharge ballast
water in a flow-through system that does not introduce
aquatic nuisance species into navigable waters;
(2) a ballast water discharge incidental to the normal
operation of a vessel consisting entirely of water suitable for
human consumption; or
(3) a ballast water discharge incidental to the normal
operation of a vessel in an alternative compliance program
established pursuant to section 3607.
(c) Vessels With Permanent Ballast Water.--No permit shall be
required or prohibition enforced under any other provision of law for,
nor shall any ballast water performance standard under this title apply
to, a vessel that carries all of its permanent ballast water in sealed
tanks that are not subject to discharge.
(d) Vessels of the Armed Forces.--Nothing in this title shall be
construed to apply to the following vessels:
(1) A vessel owned or operated by the Department of Defense
(other than a time-chartered or voyage-chartered vessel).
(2) A vessel of the Coast Guard, as designated by the
Secretary of the department in which the Coast Guard is
operating.
SEC. 3607. ALTERNATIVE COMPLIANCE PROGRAM.
(a) In General.--The Secretary, in consultation with the
Administrator, may promulgate regulations establishing 1 or more
compliance programs as an alternative to ballast water management
regulations issued under section 3604 for a vessel that--
(1) has a maximum ballast water capacity of less than 8
cubic meters;
(2) is less than 3 years from the end of the useful life of
the vessel, as determined by the Secretary; or
(3) discharges ballast water into a facility for the
reception of ballast water that meets standards promulgated by
the Administrator, in consultation with the Secretary.
(b) Promulgation of Facility Standards.--Not later than 1 year
after the date of enactment of this Act, the Administrator, in
consultation with the Secretary, shall promulgate standards for--
(1) the reception of ballast water from a vessel into a
reception facility; and
(2) the disposal or treatment of the ballast water under
paragraph (1).
SEC. 3608. JUDICIAL REVIEW.
(a) In General.--An interested person may file a petition for
review of a final regulation promulgated under this title in the United
States Court of Appeals for the District of Columbia Circuit.
(b) Deadline.--A petition shall be filed not later than 120 days
after the date that notice of the promulgation appears in the Federal
Register.
(c) Exception.--Notwithstanding subsection (b), a petition that is
based solely on grounds that arise after the deadline to file a
petition under subsection (b) has passed may be filed not later than
120 days after the date that the grounds first arise.
SEC. 3609. EFFECT ON STATE AUTHORITY.
(a) In General.--No State or political subdivision thereof may
adopt or enforce any statute or regulation of the State or political
subdivision with respect to a discharge incidental to the normal
operation of a vessel after the date of enactment of this Act.
(b) Savings Clause.--Notwithstanding subsection (a), a State or
political subdivision thereof may enforce a statute or regulation of
the State or political subdivision with respect to ballast water
discharges incidental to the normal operation of a vessel that
specifies a ballast water performance standard that is more stringent
than the ballast water performance standard under section 3604(a)(1)(A)
and is in effect on the date of enactment of this Act if the Secretary,
after consultation with the Administrator and any other Federal
department or agency the Secretary considers appropriate, makes a
determination that--
(1) compliance with any performance standard specified in
the statute or regulation can in fact be achieved and detected;
(2) the technology and systems necessary to comply with the
statute or regulation are commercially available; and
(3) the statute or regulation is consistent with
obligations under relevant international treaties or agreements
to which the United States is a party.
(c) Petition Process.--
(1) Submission.--The Governor of a State seeking to enforce
a statute or regulation under subsection (b) shall submit a
petition requesting the Secretary to review the statute or
regulation.
(2) Contents; deadline.--A petition shall--
(A) be accompanied by the scientific and technical
information on which the petition is based; and
(B) be submitted to the Secretary not later than 90
days after the date of enactment of this Act.
(3) Determinations.--The Secretary shall make a
determination on a petition under this subsection not later
than 90 days after the date that the petition is received.
SEC. 3610. APPLICATION WITH OTHER STATUTES.
Notwithstanding any other provision of law, this title shall be the
exclusive statutory authority for regulation by the Federal Government
of discharges incidental to the normal operation of a vessel to which
this title applies. Except as provided under section 3604(a)(1)(A), any
regulation in effect on the date immediately preceding the effective
date of this Act relating to any permitting requirement for or
prohibition on discharges incidental to the normal operation of a
vessel to which this title applies shall be deemed to be a regulation
issued pursuant to the authority of this title and shall remain in full
force and effect unless or until superseded by new regulations issued
hereunder.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING 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 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001 UTILITY F/W AIRCRAFT. 57,529 57,529
003 MQ-1 UAV............. 55,388 84,988
Ground Mounted [29,600]
Airspace
Deconfliction
Radar.
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 26,224
Realign APS Unit [4,420]
Set Requirements
from OCO.
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 3,648,807
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 89,075
SYSTEM SUMMARY.
Realign APS Unit [15,567]
Set Requirements
from OCO.
008 TOW 2 SYSTEM SUMMARY. 64,922 145,574
Realign APS Unit [80,652]
Set Requirements
from OCO.
009 ADVANCE 19,949 19,949
PROCUREMENT (CY).
010 GUIDED MLRS ROCKET 172,088 248,079
(GMLRS).
Realign APS Unit [75,991]
Set Requirements
from OCO.
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 1,692,176
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...... 444,561 444,561
005 BRADLEY PROGRAM (MOD) 276,433 276,433
006 HOWITZER, MED SP FT 63,138 63,138
155MM M109A6 (MOD).
007 PALADIN INTEGRATED 469,305 594,489
MANAGEMENT (PIM).
Realign APS Unit [125,184]
Set Requirements
from OCO.
008 IMPROVED RECOVERY 91,963 91,963
VEHICLE (M88A2
HERCULES).
009 ASSAULT BRIDGE (MOD). 3,465 9,415
Realign APS Unit [5,950]
Set Requirements
from OCO.
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 172,200
PROGRAM.
Realign APS Unit [172,200]
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).
036 BRADLEY PROGRAM...... 72,800
Realign APS Unit [72,800]
Set Requirements
from OCO.
TOTAL 2,265,177 2,641,311
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 48,879
TYPES.
Realign APS Unit [9,642]
Set Requirements
from OCO.
003 CTG, HANDGUN, ALL 5,193 5,193
TYPES.
004 CTG, .50 CAL, ALL 46,693 52,691
TYPES.
Realign APS Unit [5,998]
Set Requirements
from OCO.
005 CTG, 20MM, ALL TYPES. 7,000 8,077
Realign APS Unit [1,077]
Set Requirements
from OCO.
006 CTG, 25MM, ALL TYPES. 7,753 34,987
Program reduction [-1,300]
Realign APS Unit [28,534]
Set Requirements
from OCO.
007 CTG, 30MM, ALL TYPES. 47,000 47,000
008 CTG, 40MM, ALL TYPES. 118,178 115,501
Realign APS Unit [7,423]
Set Requirements
from OCO.
Unobligated [-10,100]
balances.
MORTAR AMMUNITION
009 60MM MORTAR, ALL 69,784 69,784
TYPES.
010 81MM MORTAR, ALL 36,125 38,802
TYPES.
Realign APS Unit [2,677]
Set Requirements
from OCO.
011 120MM MORTAR, ALL 69,133 69,133
TYPES.
TANK AMMUNITION
012 CARTRIDGES, TANK, 120,668 129,667
105MM AND 120MM, ALL
TYPES.
Realign APS Unit [8,999]
Set Requirements
from OCO.
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 64,800 64,800
75MM & 105MM, ALL
TYPES.
014 ARTILLERY PROJECTILE, 109,515 129,863
155MM, ALL TYPES.
Realign APS Unit [20,348]
Set Requirements
from OCO.
015 PROJ 155MM EXTENDED 39,200 39,340
RANGE M982.
Realign APS Unit [140]
Set Requirements
from OCO.
016 ARTILLERY 70,881 95,536
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Realign APS Unit [24,655]
Set Requirements
from OCO.
MINES
017 MINES & CLEARING 16,866
CHARGES, ALL TYPES.
Realign APS Unit [16,866]
Set Requirements
from OCO.
NETWORKED MUNITIONS
018 SPIDER NETWORK 10,353
MUNITIONS, ALL TYPES.
Realign APS Unit [10,353]
Set Requirements
from OCO.
ROCKETS
019 SHOULDER LAUNCHED 38,000 101,210
MUNITIONS, ALL TYPES.
Realign APS Unit [63,210]
Set Requirements
from OCO.
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 12,753
ALL TYPES.
Realign APS Unit [6,373]
Set Requirements
from OCO.
023 GRENADES, ALL TYPES.. 22,760 26,903
Realign APS Unit [4,143]
Set Requirements
from OCO.
024 SIGNALS, ALL TYPES... 10,666 12,518
Realign APS Unit [1,852]
Set Requirements
from OCO.
025 SIMULATORS, ALL TYPES 7,412 7,412
MISCELLANEOUS
026 AMMO COMPONENTS, ALL 12,726 12,726
TYPES.
027 NON-LETHAL 6,100 6,873
AMMUNITION, ALL
TYPES.
Realign APS Unit [773]
Set Requirements
from OCO.
028 ITEMS LESS THAN $5 10,006 10,006
MILLION (AMMO).
029 AMMUNITION PECULIAR 17,275 13,575
EQUIPMENT.
Program reduction- [-3,700]
excess carryover.
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 1,731,120
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 3,733 3,733
DOLLY SETS.
002 SEMITRAILERS, 3,716 7,896
FLATBED:.
Realign APS Unit [4,180]
Set Requirements
from OCO.
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 53,293 200,769
TACTICAL VEH (FMTV).
Realign APS Unit [147,476]
Set Requirements
from OCO.
009 FIRETRUCKS & 7,460 7,460
ASSOCIATED
FIREFIGHTING EQUIP.
010 FAMILY OF HEAVY 39,564 45,686
TACTICAL VEHICLES
(FHTV).
Realign APS Unit [6,122]
Set Requirements
from OCO.
011 PLS ESP.............. 11,856 118,214
Realign APS Unit [106,358]
Set Requirements
from OCO.
012 HVY EXPANDED MOBILE 76,561
TACTICAL TRUCK EXT
SERV.
Realign APS Unit [76,561]
Set Requirements
from OCO.
013 TACTICAL WHEELED 49,751 76,870
VEHICLE PROTECTION
KITS.
Realign APS Unit [27,119]
Set Requirements
from OCO.
014 MODIFICATION OF IN 64,000 57,456
SVC EQUIP.
Program reduction [-10,000]
Realign APS Unit [3,456]
Set Requirements
from OCO.
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 427,598 434,170
TACTICAL NETWORK.
Realign APS Unit [6,572]
Set Requirements
from OCO.
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 25,985
Realign APS Unit [24,000]
Set Requirements
from OCO.
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 131,356 133,284
SECURITY (COMSEC).
Realign APS Unit [1,928]
Set Requirements
from OCO.
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)......... 242,514 242,514
063 JOINT TACTICAL GROUND 4,417 4,417
STATION (JTAGS).
064 TROJAN (MIP)......... 17,455 17,615
Realign APS Unit [160]
Set Requirements
from OCO.
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 99,930
MORTAR RADAR.
Realign APS Unit [25,892]
Set Requirements
from OCO.
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 52,697
PROTECTION FAMILY OF
SYSTEMS.
Realign APS Unit [4,270]
Set Requirements
from OCO.
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 22,621
SYSTEM.
Realign APS Unit [290]
Set Requirements
from OCO.
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 54,376 124,334
PLANNING & CONTROL
SYS.
Realign APS Unit [69,958]
Set Requirements
from OCO.
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 2,091
(SURVEYING
EQUIPMENT).
Realign APS Unit [96]
Set Requirements
from OCO.
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 19,763
Realign APS Unit [1,841]
Set Requirements
from OCO.
BRIDGING EQUIPMENT
115 TACTICAL BRIDGING.... 13,553 39,553
Realign APS Unit [26,000]
Set Requirements
from OCO.
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 5,471
SYSTEMS.
Realign APS Unit [268]
Set Requirements
from OCO.
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 3,451
MOTORS.
Realign APS Unit [280]
Set Requirements
from OCO.
COMBAT SERVICE
SUPPORT EQUIPMENT
129 HEATERS AND ECU'S.... 18,707 19,601
Realign APS Unit [894]
Set Requirements
from OCO.
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 15,209
EQUIPMENT.
Realign APS Unit [2,665]
Set Requirements
from OCO.
136 CARGO AERIAL DEL & 18,509 18,509
PERSONNEL PARACHUTE
SYSTEM.
137 FAMILY OF ENGR COMBAT 29,384 39,173
AND CONSTRUCTION
SETS.
Realign APS Unit [9,789]
Set Requirements
from OCO.
138 ITEMS LESS THAN $5M 300
(ENG SPT).
Realign APS Unit [300]
Set Requirements
from OCO.
PETROLEUM EQUIPMENT
139 QUALITY SURVEILLANCE 4,487 9,287
EQUIPMENT.
Realign APS Unit [4,800]
Set Requirements
from OCO.
140 DISTRIBUTION SYSTEMS, 42,656 63,476
PETROLEUM & WATER.
Realign APS Unit [20,820]
Set Requirements
from OCO.
MEDICAL EQUIPMENT
141 COMBAT SUPPORT 59,761 65,524
MEDICAL.
Realign APS Unit [5,763]
Set Requirements
from OCO.
MAINTENANCE EQUIPMENT
142 MOBILE MAINTENANCE 35,694 33,803
EQUIPMENT SYSTEMS.
Program reduction [-3,500]
Realign APS Unit [1,609]
Set Requirements
from OCO.
143 ITEMS LESS THAN $5.0M 2,716 2,861
(MAINT EQ).
Realign APS Unit [145]
Set Requirements
from OCO.
CONSTRUCTION
EQUIPMENT
144 GRADER, ROAD MTZD, 1,742 4,789
HVY, 6X4 (CCE).
Realign APS Unit [3,047]
Set Requirements
from OCO.
145 SCRAPERS, EARTHMOVING 26,233 26,233
147 HYDRAULIC EXCAVATOR.. 1,123 1,123
148 TRACTOR, FULL TRACKED 4,426
Realign APS Unit [4,426]
Set Requirements
from OCO.
149 ALL TERRAIN CRANES... 65,285 65,285
151 HIGH MOBILITY 1,743 4,643
ENGINEER EXCAVATOR
(HMEE).
Realign APS Unit [2,900]
Set Requirements
from OCO.
152 ENHANCED RAPID 2,779 2,779
AIRFIELD
CONSTRUCTION CAPAP.
154 CONST EQUIP ESP...... 26,712 23,212
Program reduction [-3,500]
155 ITEMS LESS THAN $5.0M 6,649 6,745
(CONST EQUIP).
Realign APS Unit [96]
Set Requirements
from OCO.
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
156 ARMY WATERCRAFT ESP.. 21,860 16,860
Program reduction [-5,000]
157 ITEMS LESS THAN $5.0M 1,967 1,967
(FLOAT/RAIL).
GENERATORS
158 GENERATORS AND 113,266 125,727
ASSOCIATED EQUIP.
Program decrease. [-7,500]
Realign APS Unit [19,961]
Set Requirements
from OCO.
159 TACTICAL ELECTRIC 7,867 7,867
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
160 FAMILY OF FORKLIFTS.. 2,307 3,153
Realign APS Unit [846]
Set Requirements
from OCO.
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 7,482
MODERNIZATION
(TEMOD).
Realign APS Unit [1,140]
Set Requirements
from OCO.
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 6,473,477
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 1,264,134
010 ADVANCE 19,674 19,674
PROCUREMENT (CY).
011 H-1 UPGRADES (UH-1Y/ 759,778 759,778
AH-1Z).
012 ADVANCE 57,232 57,232
PROCUREMENT (CY).
014 MH-60R (MYP)......... 61,177 26,177
Line shutdown [-35,000]
costs--early to
need.
016 P-8A POSEIDON........ 1,940,238 1,940,238
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.......... 409,005 409,005
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 61,788
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 16,893
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 14,036,848
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............. 186,905 186,905
TACTICAL MISSILES
004 AMRAAM............... 204,697 204,697
005 SIDEWINDER........... 70,912 70,912
006 JSOW................. 2,232 2,232
007 STANDARD MISSILE..... 501,212 501,212
008 RAM.................. 71,557 71,557
009 JOINT AIR GROUND 26,200 26,200
MISSILE (JAGM).
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 3,209,262
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 16,757
021 GRENADES, ALL TYPES.. 972 972
022 ROCKETS, ALL TYPES... 14,186 14,186
023 ARTILLERY, ALL TYPES. 68,656 68,656
024 DEMOLITION MUNITIONS, 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 8,569
MILLION.
TOTAL 664,368 664,368
PROCUREMENT OF
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 773,138 0
SUBMARINE ADVANCE
PROCUREMENT.
Transfer to Title [-773,138]
XIV National Sea-
Based Deterrence
Fund.
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 1,767,234
PROCUREMENT (CY).
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 3,211,292
011 LITTORAL COMBAT SHIP. 1,125,625 1,125,625
AMPHIBIOUS SHIPS
016 LHA REPLACEMENT...... 1,623,024 1,623,024
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
020 ADVANCE 73,079 73,079
PROCUREMENT (CY).
022 MOORED TRAINING SHIP. 624,527 624,527
025 OUTFITTING........... 666,158 666,158
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 17,581,736
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
003 SURFACE POWER 15,514 15,514
EQUIPMENT.
004 HYBRID ELECTRIC DRIVE 40,132 40,132
(HED).
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 20,191
EQUIPMENT.
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 88,719
MILLION.
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 20,746
MODULES.
RMMV program [-36,400]
restructure.
038 LCS ASW MISSION 31,952 21,952
MODULES.
Early to need.... [-10,000]
039 LCS SUW MISSION 22,466 22,466
MODULES.
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............ 274,892 274,892
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 56,675
REPLACEMENT.
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. 162,588 162,588
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 97,514
EQUIPMENT.
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 37,180
EQUIPMENT.
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 6,272,961
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 73,785 73,785
002 LAV PIP.............. 53,423 53,423
ARTILLERY AND OTHER
WEAPONS
003 EXPEDITIONARY FIRE 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 41,802
RESOURCES.
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 1,362,769
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,401,894 4,401,894
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 97,331
023 F-22A................ 163,008 163,008
024 F-35 MODIFICATIONS... 175,811 175,811
025 INCREMENT 3.2B....... 76,410 76,410
026 ADVANCE 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 25,073
036 T-38................. 45,090 45,090
OTHER AIRCRAFT
037 U-2 MODS............. 36,074 36,074
038 KC-10A (ATCA)........ 4,570 4,570
039 C-12................. 1,995 1,995
040 VC-25A MOD........... 102,670 102,670
041 C-40................. 13,984 13,984
042 C-130................ 9,168 81,668
8-Bladed [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
Program [-70,400]
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 16,952
TOTAL AIRCRAFT 13,922,917 13,936,617
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............... 350,144 350,144
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 2,426,621
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 86,272 116,272
SATELLITES(SPACE).
Pilot Program.... [30,000]
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 768,586 768,586
LAUNCH CAPABILITY.
012 EVOLVED EXPENDABLE 737,853 737,853
LAUNCH VEH(SPACE).
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 3,082,843
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 303,988 303,988
MUNITION.
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 1,677,719
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 7,451
RESCUE VEHICLES.
Program reduction [-5,000]
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 30,623
(AOC) 10.2.
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 11,852
EQUIPMENT.
Program increase. [5,000]
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 17,438,056
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 82,493
III.
Classified [25,000]
adjustment.
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 150,396 168,996
AND SUSTAINMENT.
Program increase. [18,600]
043 UNMANNED ISR......... 21,190 21,190
045 NON-STANDARD AVIATION 4,905 4,905
046 U-28................. 3,970 3,970
047 MH-47 CHINOOK........ 25,022 25,022
049 CV-22 MODIFICATION... 19,008 19,008
051 MQ-9 UNMANNED AERIAL 10,598 10,598
VEHICLE.
053 PRECISION STRIKE 213,122 213,122
PACKAGE.
054 AC/MC-130J........... 73,548 85,648
A-kits for 105mm [12,100]
integration.
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 4,935,618
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 101,971,592 103,062,309
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2017 House
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 0
Realign APS Unit [-4,420]
Set Requirements
to Base.
GROUND SUPPORT
AVIONICS
030 CMWS................. 56,115 56,115
031 CIRCM................ 108,721 108,721
TOTAL AIRCRAFT 235,131 230,711
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 0
SYSTEM SUMMARY.
Realign APS Unit [-15,567]
Set Requirements
to Base.
008 TOW 2 SYSTEM SUMMARY. 80,652 0
Realign APS Unit [-80,652]
Set Requirements
to Base.
010 GUIDED MLRS ROCKET 75,991 0
(GMLRS).
Realign APS Unit [-75,991]
Set Requirements
to Base.
012 LETHAL MINIATURE 4,777 4,777
AERIAL MISSILE
SYSTEM (LMAMS.
TOTAL MISSILE 482,817 310,607
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
MODIFICATION OF
TRACKED COMBAT
VEHICLES
007 PALADIN INTEGRATED 125,184 0
MANAGEMENT (PIM).
Realign APS Unit [-125,184]
Set Requirements
to Base.
009 ASSAULT BRIDGE (MOD). 5,950 0
Realign APS Unit [-5,950]
Set Requirements
to Base.
014 ABRAMS UPGRADE 0
PROGRAM.
Army requested [172,200]
realignment (ERI).
Realign APS Unit [-172,200]
Set Requirements
to Base.
WEAPONS & OTHER
COMBAT VEHICLES
017 MORTAR SYSTEMS....... 22,410 22,410
SUPPORT EQUIPMENT &
FACILITIES
036 BRADLEY PROGRAM...... 0
Army requested [72,800]
realignment (ERI).
Realign APS Unit [-72,800]
Set Requirements
to Base.
TOTAL 153,544 22,410
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
002 CTG, 7.62MM, ALL 9,642 0
TYPES.
Realign APS Unit [-9,642]
Set Requirements
to Base.
004 CTG, .50 CAL, ALL 6,607 609
TYPES.
Realign APS Unit [-5,998]
Set Requirements
to Base.
005 CTG, 20MM, ALL TYPES. 1,077 0
Realign APS Unit [-1,077]
Set Requirements
to Base.
006 CTG, 25MM, ALL TYPES. 28,534 0
Realign APS Unit [-28,534]
Set Requirements
to Base.
007 CTG, 30MM, ALL TYPES. 20,000 20,000
008 CTG, 40MM, ALL TYPES. 7,423 0
Realign APS Unit [-7,423]
Set Requirements
to Base.
MORTAR AMMUNITION
009 60MM MORTAR, ALL 10,000 10,000
TYPES.
010 81MM MORTAR, ALL 2,677 0
TYPES.
Realign APS Unit [-2,677]
Set Requirements
to Base.
TANK AMMUNITION
012 CARTRIDGES, TANK, 8,999 0
105MM AND 120MM, ALL
TYPES.
Realign APS Unit [-8,999]
Set Requirements
to Base.
ARTILLERY AMMUNITION
014 ARTILLERY PROJECTILE, 30,348 10,000
155MM, ALL TYPES.
Realign APS Unit [-20,348]
Set Requirements
to Base.
015 PROJ 155MM EXTENDED 140 0
RANGE M982.
Realign APS Unit [-140]
Set Requirements
to Base.
016 ARTILLERY 29,655 5,000
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Realign APS Unit [-24,655]
Set Requirements
to Base.
MINES
017 MINES & CLEARING 16,866 0
CHARGES, ALL TYPES.
Realign APS Unit [-16,866]
Set Requirements
to Base.
NETWORKED MUNITIONS
018 SPIDER NETWORK 10,353 0
MUNITIONS, ALL TYPES.
Realign APS Unit [-10,353]
Set Requirements
to Base.
ROCKETS
019 SHOULDER LAUNCHED 63,210 0
MUNITIONS, ALL TYPES.
Realign APS Unit [-63,210]
Set Requirements
to Base.
020 ROCKET, HYDRA 70, ALL 42,851 42,851
TYPES.
OTHER AMMUNITION
022 DEMOLITION MUNITIONS, 6,373 0
ALL TYPES.
Realign APS Unit [-6,373]
Set Requirements
to Base.
023 GRENADES, ALL TYPES.. 4,143 0
Realign APS Unit [-4,143]
Set Requirements
to Base.
024 SIGNALS, ALL TYPES... 1,852 0
Realign APS Unit [-1,852]
Set Requirements
to Base.
MISCELLANEOUS
027 NON-LETHAL 773 0
AMMUNITION, ALL
TYPES.
Realign APS Unit [-773]
Set Requirements
to Base.
TOTAL 301,523 88,460
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 4,180 0
FLATBED:.
Realign APS Unit [-4,180]
Set Requirements
to Base.
008 FAMILY OF MEDIUM 147,476 0
TACTICAL VEH (FMTV).
Realign APS Unit [-147,476]
Set Requirements
to Base.
010 FAMILY OF HEAVY 6,122 0
TACTICAL VEHICLES
(FHTV).
Realign APS Unit [-6,122]
Set Requirements
to Base.
011 PLS ESP.............. 106,358 0
Realign APS Unit [-106,358]
Set Requirements
to Base.
012 HVY EXPANDED MOBILE 203,766 127,205
TACTICAL TRUCK EXT
SERV.
Realign APS Unit [-76,561]
Set Requirements
to Base.
013 TACTICAL WHEELED 101,154 74,035
VEHICLE PROTECTION
KITS.
Realign APS Unit [-27,119]
Set Requirements
to Base.
014 MODIFICATION OF IN 155,456 152,000
SVC EQUIP.
Realign APS Unit [-3,456]
Set Requirements
to Base.
COMM--JOINT
COMMUNICATIONS
019 WIN-T--GROUND FORCES 9,572 3,000
TACTICAL NETWORK.
Realign APS Unit [-6,572]
Set Requirements
to Base.
COMM--SATELLITE
COMMUNICATIONS
025 SHF TERM............. 24,000 0
Realign APS Unit [-24,000]
Set Requirements
to Base.
COMM--INTELLIGENCE
COMM
047 CI AUTOMATION 1,550 1,550
ARCHITECTURE.
INFORMATION SECURITY
051 COMMUNICATIONS 1,928 0
SECURITY (COMSEC).
Realign APS Unit [-1,928]
Set Requirements
to Base.
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 3,145
Realign APS Unit [-160]
Set Requirements
to Base.
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 0
MORTAR RADAR.
Realign APS Unit [-25,892]
Set Requirements
to Base.
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 4,270 0
PROTECTION FAMILY OF
SYSTEMS.
Realign APS Unit [-4,270]
Set Requirements
to Base.
089 MORTAR FIRE CONTROL 2,572 2,282
SYSTEM.
Realign APS Unit [-290]
Set Requirements
to Base.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
092 AIR & MSL DEFENSE 69,958 0
PLANNING & CONTROL
SYS.
Realign APS Unit [-69,958]
Set Requirements
to Base.
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 0
(SURVEYING
EQUIPMENT).
Realign APS Unit [-96]
Set Requirements
to Base.
CHEMICAL DEFENSIVE
EQUIPMENT
114 CBRN DEFENSE......... 1,841 0
Realign APS Unit [-1,841]
Set Requirements
to Base.
BRIDGING EQUIPMENT
115 TACTICAL BRIDGING.... 26,000 0
Realign APS Unit [-26,000]
Set Requirements
to Base.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
124 ROBOTICS AND APPLIQUE 268 0
SYSTEMS.
Realign APS Unit [-268]
Set Requirements
to Base.
128 FAMILY OF BOATS AND 280 0
MOTORS.
Realign APS Unit [-280]
Set Requirements
to Base.
COMBAT SERVICE
SUPPORT EQUIPMENT
129 HEATERS AND ECU'S.... 894 0
Realign APS Unit [-894]
Set Requirements
to Base.
134 FORCE PROVIDER....... 53,800 53,800
135 FIELD FEEDING 2,665 0
EQUIPMENT.
Realign APS Unit [-2,665]
Set Requirements
to Base.
136 CARGO AERIAL DEL & 2,400 2,400
PERSONNEL PARACHUTE
SYSTEM.
137 FAMILY OF ENGR COMBAT 9,789 0
AND CONSTRUCTION
SETS.
Realign APS Unit [-9,789]
Set Requirements
to Base.
138 ITEMS LESS THAN $5M 300 0
(ENG SPT).
Realign APS Unit [-300]
Set Requirements
to Base.
PETROLEUM EQUIPMENT
139 QUALITY SURVEILLANCE 4,800 0
EQUIPMENT.
Realign APS Unit [-4,800]
Set Requirements
to Base.
140 DISTRIBUTION SYSTEMS, 78,240 57,420
PETROLEUM & WATER.
Realign APS Unit [-20,820]
Set Requirements
to Base.
MEDICAL EQUIPMENT
141 COMBAT SUPPORT 5,763 0
MEDICAL.
Realign APS Unit [-5,763]
Set Requirements
to Base.
MAINTENANCE EQUIPMENT
142 MOBILE MAINTENANCE 1,609 0
EQUIPMENT SYSTEMS.
Realign APS Unit [-1,609]
Set Requirements
to Base.
143 ITEMS LESS THAN $5.0M 145 0
(MAINT EQ).
Realign APS Unit [-145]
Set Requirements
to Base.
CONSTRUCTION
EQUIPMENT
144 GRADER, ROAD MTZD, 3,047 0
HVY, 6X4 (CCE).
Realign APS Unit [-3,047]
Set Requirements
to Base.
148 TRACTOR, FULL TRACKED 4,426 0
Realign APS Unit [-4,426]
Set Requirements
to Base.
151 HIGH MOBILITY 2,900 0
ENGINEER EXCAVATOR
(HMEE).
Realign APS Unit [-2,900]
Set Requirements
to Base.
155 ITEMS LESS THAN $5.0M 96 0
(CONST EQUIP).
Realign APS Unit [-96]
Set Requirements
to Base.
GENERATORS
158 GENERATORS AND 21,861 1,900
ASSOCIATED EQUIP.
Realign APS Unit [-19,961]
Set Requirements
to Base.
MATERIAL HANDLING
EQUIPMENT
160 FAMILY OF FORKLIFTS.. 846 0
Realign APS Unit [-846]
Set Requirements
to Base.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
168 TEST EQUIPMENT 1,140 0
MODERNIZATION
(TEMOD).
Realign APS Unit [-1,140]
Set Requirements
to Base.
OTHER SUPPORT
EQUIPMENT
170 RAPID EQUIPPING 8,500 8,500
SOLDIER SUPPORT
EQUIPMENT.
TOTAL OTHER 1,211,110 599,082
PROCUREMENT,
ARMY.
JOINT IMPROVISED
EXPLOSIVE DEVICE
DEFEAT FUND
NETWORK ATTACK
001 RAPID ACQUISITION AND 232,200 207,200
THREAT RESPONSE.
Program decrease. [-25,000]
STAFF AND
INFRASTRUCTURE
002 MISSION ENABLERS..... 62,800 62,800
TOTAL JOINT 295,000 270,000
IMPROVISED
EXPLOSIVE DEVICE
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.
CLASSIFIED PROGRAMS
150A CLASSIFIED PROGRAMS.. 1,660 1,660
TOTAL OTHER 64,877 64,877
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................. 273,600 273,600
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 0
PARTS.
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 140,126 140,126
MUNITION.
FLARES
012 FLARES............... 6,531 6,531
TOTAL 164,408 164,408
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.. 3,472,094 3,472,094
TOTAL OTHER 3,696,281 3,696,281
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 42,056
ENHANCEMENTS.
TOTAL 234,434 234,434
PROCUREMENT,
DEFENSE-WIDE.
TOTAL 8,226,537 7,043,082
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 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
003 MQ-1 UAV............. 95,100
Army unfunded [95,100]
requirement.
ROTARY
005 HELICOPTER, LIGHT 110,000
UTILITY (LUH).
Army unfunded [110,000]
requirement (ARI).
006 AH-64 APACHE BLOCK 78,040 268,040
IIIA REMAN.
Army unfunded [190,000]
requirement (ARI).
007 ADVANCE 72,900
PROCUREMENT (CY).
Army unfunded [72,900]
requirement (ARI).
008 UH-60 BLACKHAWK M 440,200
MODEL (MYP).
Army unfunded [440,200]
requirement (ARI).
MODIFICATION OF
AIRCRAFT
017 CH-47 CARGO 102,000
HELICOPTER MODS
(MYP).
Army unfunded [102,000]
requirement (ARI).
GROUND SUPPORT
AVIONICS
028 AIRCRAFT 22,000
SURVIVABILITY
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 78,040 1,138,240
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 W&TCV,
ARMY
MODIFICATION OF
TRACKED COMBAT
VEHICLES
008 IMPROVED RECOVERY 72,000
VEHICLE (M88A2
HERCULES).
Army unfunded [72,000]
requirement.
013 M1 ABRAMS TANK (MOD). 140,000
Army unfunded [60,000]
requirement--Indu
strial base risk
mitigation.
Army unfunded [80,000]
requirement--Vehi
cle APS.
UNDISTRIBUTED
036A UNDISTRIBUTED........ 55,100
Additional [55,100]
funding to
support increase
in Army end
strength.
TOTAL 267,100
PROCUREMENT OF
W&TCV, 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 21,000
TYPES.
Army unfunded [21,000]
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.
UNDISTRIBUTED
034A UNDISTRIBUTED........ 46,500
Additional [46,500]
funding to
support increase
in Army end
strength.
TOTAL 287,700
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
008 FAMILY OF MEDIUM 152,000 152,000
TACTICAL 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 8,400
PROTECTION FAMILY OF
SYSTEMS.
Army unfunded [8,400]
requirement- CRAM
Upgrades and MODS.
GENERATORS
158 GENERATORS AND 9,900 9,900
ASSOCIATED EQUIP.
UNDISTRIBUTED
180 UNDISTRIBUTED........ 18,400
Additional [18,400]
funding to
support increase
in Army end
strength.
TOTAL OTHER 161,900 268,700
PROCUREMENT,
ARMY.
JOINT IMPROVISED
EXPLOSIVE DEVICE
DEFEAT FUND
NETWORK ATTACK
001 RAPID ACQUISITION AND 113,272 113,272
THREAT RESPONSE.
TOTAL JOINT 113,272 113,272
IMPROVISED
EXPLOSIVE DEVICE
DEFEAT FUND.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
002 F/A-18E/F (FIGHTER) 1,400,000
HORNET.
Navy unfunded [1,400,000]
requirement.
003 JOINT STRIKE FIGHTER 540,000
CV.
Marine Corps [270,000]
unfunded
requirement.
Navy unfunded [270,000]
requirement.
005 JSF STOVL............ 254,200
Marine Corps [254,200]
unfunded
requirement.
009 V-22 (MEDIUM LIFT)... 150,000
Marine Corps [150,000]
unfunded
requirement.
011 H-1 UPGRADES (UH-1Y/ 57,000
AH-1Z).
Marine Corps [57,000]
unfunded
requirement- AH-
1Zs.
AIRLIFT AIRCRAFT
019A C-40A................ 415,000
Marine Corps [207,500]
unfunded
requirement.
Navy unfunded [207,500]
requirement.
OTHER AIRCRAFT
023 MQ-4 TRITON.......... 95,000
Additional [95,000]
system--ISR
shortfalls.
025 MQ-8 UAV............. 47,500
Scope Increase... [47,500]
MODIFICATION OF
AIRCRAFT
034 H-53 SERIES.......... 16,100
Accelerate [2,800]
readiness
improvement.
Marine Corps [13,300]
unfunded
requirement-
degraded visual
environment.
035 SH-60 SERIES......... 3,000 3,000
036 H-1 SERIES........... 3,740 27,140
Accelerate [23,400]
readiness
improvement.
051 COMMON ECM EQUIPMENT. 27,460 27,460
059 V-22 (TILT/ROTOR 39,300
ACFT) OSPREY.
Marine Corps [39,300]
unfunded
requirement-
SPMAGTF- C4 UUNS.
AIRCRAFT SPARES AND
REPAIR PARTS
063 SPARES AND REPAIR 140,300
PARTS.
KC-130J spares... [36,000]
Marine Corps [91,000]
unfunded
requirement- F35
B spares.
Marine Corps [13,300]
unfunded
requirement- F35
C spares.
TOTAL AIRCRAFT 34,200 3,212,000
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
STRATEGIC MISSILES
003 TOMAHAWK............. 76,000
Scope Increase... [76,000]
TACTICAL MISSILES
005 SIDEWINDER........... 33,000
Navy unfunded [33,000]
requirement.
015A LCS OVER-THE-HORIZON 18,100
MISSILE.
Navy unfunded [18,100]
requirement.
TOTAL WEAPONS 127,100
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.
SHIPBUILDING AND
CONVERSION, NAVY
OTHER WARSHIPS
003 ADVANCE 263,000
PROCUREMENT (CY).
Advance [263,000]
Procurement for
CVN-81.
005 ADVANCE 85,000
PROCUREMENT (CY).
Long-lead Time [85,000]
Materiel Orders.
009 DDG-51............... 433,000
Scope Increase... [433,000]
011 LITTORAL COMBAT SHIP. 384,700
Scope Increase... [384,700]
AMPHIBIOUS SHIPS
012A AMPHIBIOUS SHIP 856,000
REPLACEMENT LX(R).
Procurement of LX [856,000]
(R).
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
026 SHIP TO SHORE 165,000
CONNECTOR.
Scope Increase... [165,000]
028 LCAC SLEP............ 80,300
Scope Increase... [80,300]
TOTAL 2,267,000
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
OTHER SHIPBOARD
EQUIPMENT
009 DDG MOD.............. 65,000
Scope Increase... [65,000]
SMALL BOATS
032 STANDARD BOATS....... 20,000
Program [20,000]
Acceleration.
OTHER SHIP SUPPORT
039A LCS LAUNCHER......... 24,900
Navy unfunded [24,900]
requirement.
AIRCRAFT SUPPORT
EQUIPMENT
104 WEAPONS RANGE SUPPORT 9,000
EQUIPMENT.
Navy unfunded [9,000]
requirement--Bark
ing Sands
Tactical
Underwater Range.
OTHER ORDNANCE
SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE 59,329 59,329
DISPOSAL EQUIP.
TOTAL OTHER 59,329 178,229
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 14,000
TOWED HOWITZER.
Marine Corps [14,000]
unfunded
requirement-
chrome tubes.
OTHER SUPPORT (NON-
TEL)
036 COMMAND POST SYSTEMS. 40,800
Marine Corps [40,800]
unfunded
requirement-
SPMAGTF--C4 UUNS.
TOTAL 54,800
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 690,500
Air Force [690,500]
unfunded
requirement.
OTHER AIRLIFT
004 C-130J............... 271,500
Scope Increase... [271,500]
HELICOPTERS
010 UUH-1N REPLACEMENT... 80,000
Program increase [80,000]
to address urgent
need.
OTHER AIRCRAFT
015 MQ-9................. 179,430 179,430
015A EC-130H.............. 103,000
Scope increase... [103,000]
TACTICAL AIRCRAFT
020 A-10................. 218,500
A-10 wing [120,000]
upgrades.
Air Force [10,300]
unfunded
requirement- A-10
antijam GPS.
Air Force [23,200]
unfunded
requirement- A-10
situation
awareness upgrade
kits.
Air Force [65,000]
unfunded
requirement- ASE
radar warning
receiver upgrades.
021 F-15................. 60,400
Air Force [60,400]
unfunded
requirement- ASE
radar warning
receiver upgrades.
022 F-16................. 187,500
Air Force [5,000]
unfunded
requirement-
antijam GPS.
Air Force [12,000]
unfunded
requirement-
missile warning
system.
Air Force [170,500]
unfunded
requirement-
radar warning
receiver upgrades.
OTHER AIRCRAFT
049 E-8.................. 17,500
Additional 2 PME- [17,500]
DMS kits.
054 H-60................. 70,700
Air Force [70,700]
unfunded
requirement- ASE
radar warning
receivers.
TOTAL AIRCRAFT 179,430 1,879,030
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 10,728,171
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 House
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 31,533
006 0602120A SENSORS AND ELECTRONIC 36,109 36,109
SURVIVABILITY.
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...... 907,574 912,574
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
029 0603001A WARFIGHTER ADVANCED TECHNOLOGY.... 38,831 38,831
030 0603002A MEDICAL ADVANCED TECHNOLOGY....... 68,365 68,365
031 0603003A AVIATION ADVANCED TECHNOLOGY...... 94,280 94,280
032 0603004A WEAPONS AND MUNITIONS ADVANCED 68,714 68,714
TECHNOLOGY.
033 0603005A COMBAT VEHICLE AND AUTOMOTIVE 122,132 122,132
ADVANCED TECHNOLOGY.
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
.................................. See classified annex.......... [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 930,065 945,365
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 41,003
.................................. Program increase.............. [7,500]
067 0603827A SOLDIER SYSTEMS--ADVANCED 31,120 31,120
DEVELOPMENT.
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 70,047
071 0604120A ASSURED POSITIONING, NAVIGATION 83,279 83,279
AND TIMING (PNT).
073 0305251A CYBERSPACE OPERATIONS FORCES AND 40,510 40,510
FORCE SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 550,635 558,135
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 155,584 155,584
SYSTEM-ARMY (IPPS-A).
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 2,284,194
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 7,519,299
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 74,618
APPLIED RESEARCH.
.................................. Service Life Extension [32,000]
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...... 861,151 893,151
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
016 0603114N POWER PROJECTION ADVANCED 96,406 106,406
TECHNOLOGY.
.................................. Program increase for common [10,000]
mount.
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 249,092 249,092
TECHNOLOGY DEVELOPMENT.
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 65,550
DEMONSTRATIONS.
.................................. Program Increase.............. [5,000]
026 0603782N MINE AND EXPEDITIONARY WARFARE 15,167 15,167
ADVANCED TECHNOLOGY.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 736,988 751,988
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 72,034
.................................. Program Increase.............. [15,000]
034 0603502N SURFACE AND SHALLOW WATER MINE 165,775 165,775
COUNTERMEASURES.
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............... 160,058 129,158
.................................. Program Restructure........... [-30,900]
053 0603597N AUTOMATED TEST AND ANALYSIS....... 8,000
.................................. Program increase.............. [8,000]
054 0603599N FRIGATE DEVELOPMENT............... 84,900 84,900
055 0603609N CONVENTIONAL MUNITIONS............ 8,342 8,342
056 0603611M MARINE CORPS ASSAULT VEHICLES..... 158,682 158,682
057 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 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 104,144 104,144
LANDING SYSTEMS--DEM/VAL.
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 78,589
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 252,409 252,409
WEAPON DEVELOPMENT.
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 4,654,967
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............................. 174,423 174,423
103 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 13,577 13,577
104 0604269N EA-18............................. 116,761 116,761
105 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 48,766 48,766
106 0604273N EXECUTIVE HELO DEVELOPMENT........ 338,357 338,357
107 0604274N NEXT GENERATION JAMMER (NGJ)...... 577,822 577,822
108 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 2,365 2,365
(JTRS-NAVY).
109 0604282N NEXT GENERATION JAMMER (NGJ) 52,065 52,065
INCREMENT II.
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 114,211 114,211
KILL/EW).
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 74,227
DEVELOPMENT--MARINE CORPS.
143 0604810N JOINT STRIKE FIGHTER FOLLOW ON 63,387 63,387
DEVELOPMENT--NAVY.
144 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 4,856 4,856
145 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 97,066 97,066
146 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 2,500 2,500
147 0605212N CH-53K RDTE....................... 404,810 404,810
148 0605215N MISSION PLANNING.................. 33,570 33,570
149 0605217N COMMON AVIONICS................... 51,599 51,599
150 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 11,088 11,088
151 0605327N T-AO (X).......................... 1,095 1,095
152 0605414N MQ-XX............................. 89,000 77,000
.................................. Excess Obligation............. [-12,000]
153 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) 17,880 17,880
154 0605500N MULTI-MISSION MARITIME AIRCRAFT 59,126 59,126
(MMA).
155 0605504N MULTI-MISSION MARITIME (MMA) 182,220 182,220
INCREMENT III.
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 6,024,655
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 58,542
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 36,509
INTEROPERABILITY.
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 54,322
.................................. MH-60 Fleet Mid-Life Upgrades. [5,000]
245 0708730N MARITIME TECHNOLOGY (MARITECH).... 3,204 3,204
245A 9999999999 CLASSIFIED PROGRAMS............... 1,228,460 1,228,460
.................................. SUBTOTAL OPERATIONAL SYSTEMS 3,592,934 3,597,934
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 17,276,301 17,339,401
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 111,647 116,647
RESEARCH.
.................................. Human-Machine Teaming......... [5,000]
007 0602203F AEROSPACE PROPULSION.............. 185,671 185,671
008 0602204F AEROSPACE SENSORS................. 155,174 155,174
009 0602601F SPACE TECHNOLOGY.................. 117,915 117,915
010 0602602F CONVENTIONAL MUNITIONS............ 109,649 109,649
011 0602605F DIRECTED ENERGY TECHNOLOGY........ 127,163 127,163
012 0602788F DOMINANT INFORMATION SCIENCES AND 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 27,921
.................................. Responsive Launch and [20,000]
Reconstitution.
043 0604858F TECH TRANSITION PROGRAM........... 347,304 347,304
044 0605230F GROUND BASED STRATEGIC DETERRENT.. 113,919 113,919
046 0207110F NEXT GENERATION AIR DOMINANCE..... 20,595 15,595
.................................. Program reduction............. [-5,000]
047 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 49,491 39,491
(3DELRR).
.................................. Excess funding to need........ [-10,000]
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 2,847,833
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
054 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 12,476 12,476
055 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 82,380 82,380
056 0604287F PHYSICAL SECURITY EQUIPMENT....... 8,458 8,458
057 0604329F SMALL DIAMETER BOMB (SDB)--EMD.... 54,838 54,838
058 0604421F COUNTERSPACE SYSTEMS.............. 34,394 34,394
059 0604425F SPACE SITUATION AWARENESS SYSTEMS. 23,945 23,945
060 0604426F SPACE FENCE....................... 168,364 168,364
061 0604429F AIRBORNE ELECTRONIC ATTACK........ 9,187 9,187
062 0604441F SPACE BASED INFRARED SYSTEM 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 296,572 100,000
PROGRAM (SPACE)--EMD.
.................................. Launch System Investment [100,000]
(launch vehicle, upper stage,
strap-on motor, or related
infrastructure).
.................................. 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 12,377
078 0605229F CSAR HH-60 RECAPITALIZATION....... 319,331 319,331
080 0605431F ADVANCED EHF MILSATCOM (SPACE).... 259,131 259,131
081 0605432F POLAR MILSATCOM (SPACE)........... 50,815 50,815
082 0605433F WIDEBAND GLOBAL SATCOM (SPACE).... 41,632 41,632
083 0605458F AIR & SPACE OPS CENTER 10.2 RDT&E. 28,911 28,911
084 0605931F B-2 DEFENSIVE MANAGEMENT SYSTEM... 315,615 288,957
.................................. Scope Reduction............... [-26,658]
085 0101125F NUCLEAR WEAPONS MODERNIZATION..... 137,909 137,909
086 0207171F F-15 EPAWSS....................... 256,669 256,669
087 0207701F FULL COMBAT MISSION TRAINING...... 12,051 12,051
088 0305176F COMBAT SURVIVOR EVADER LOCATOR.... 29,253 29,253
089 0307581F JSTARS RECAP...................... 128,019 128,019
090 0401319F PRESIDENTIAL AIRCRAFT REPLACEMENT 351,220 351,220
(PAR).
091 0701212F AUTOMATED TEST SYSTEMS............ 19,062 19,062
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 4,075,804 3,932,574
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.......................... 151,373 200,373
.................................. Auto take-off and landing [35,000]
capability.
.................................. Tactical Datalink Integration. [14,000]
133 0207131F A-10 SQUADRONS.................... 14,853 14,853
134 0207133F F-16 SQUADRONS.................... 132,795 132,795
135 0207134F F-15E SQUADRONS................... 356,717 356,717
136 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 14,773 14,773
137 0207138F F-22A SQUADRONS................... 387,564 387,564
138 0207142F F-35 SQUADRONS.................... 153,045 153,045
139 0207161F TACTICAL AIM MISSILES............. 52,898 52,898
140 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 62,470 62,470
MISSILE (AMRAAM).
143 0207227F COMBAT RESCUE--PARARESCUE......... 362 362
144 0207247F AF TENCAP......................... 28,413 31,613
.................................. Restore FY16 level............ [3,200]
145 0207249F PRECISION ATTACK SYSTEMS 649 649
PROCUREMENT.
146 0207253F COMPASS CALL...................... 13,723 50,823
.................................. Program Restructure........... [37,100]
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 37,621
(AOC).
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 16,310
TARGETING.
.................................. Program reduction............. [-6,300]
211 0305238F NATO AGS.......................... 38,904 38,904
212 0305240F SUPPORT TO DCGS ENTERPRISE........ 23,084 23,084
213 0305258F ADVANCED EVALUATION PROGRAM....... 116,143 116,143
214 0305265F GPS III SPACE SEGMENT............. 141,888 141,888
215 0305600F INTERNATIONAL INTELLIGENCE 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 17,563,056
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 28,112,251 28,105,021
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......... 362,297 352,297
.................................. Program reduction............. [-10,000]
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........ 629,895 639,895
..................................
.................................. APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 17,745 17,745
009 0602115E BIOMEDICAL TECHNOLOGY............. 115,213 105,213
.................................. Program reduction............. [-10,000]
010 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 30,000 0
.................................. Program decrease.............. [-30,000]
011 0602234D8Z LINCOLN LABORATORY RESEARCH 48,269 48,269
PROGRAM.
012 0602251D8Z APPLIED RESEARCH FOR THE 42,206 42,206
ADVANCEMENT OF S&T PRIORITIES.
013 0602303E INFORMATION & COMMUNICATIONS 353,635 348,635
TECHNOLOGY.
.................................. Program reduction............. [-5,000]
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 220,456 210,456
TECHNOLOGY.
.................................. Program reduction............. [-10,000]
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 1,731,523
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS ADVANCED 23,902 23,902
TECHNOLOGY.
025 0603122D8Z COMBATING TERRORISM TECHNOLOGY 73,002 100,002
SUPPORT.
.................................. Additional EOD equipment for [12,000]
Conventional Units.
.................................. Program increase for DOD CT [15,000]
and C-UAS.
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... 83,745 108,745
.................................. Classified Annex.............. [25,000]
036 0603286E ADVANCED AEROSPACE SYSTEMS........ 182,327 177,327
.................................. Program reduction............. [-5,000]
037 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 175,240 165,240
.................................. Program reduction............. [-10,000]
038 0603288D8Z ANALYTIC ASSESSMENTS.............. 12,048 12,048
039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 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 148,184 158,184
DEMONSTRATIONS.
.................................. Social Medial Analysis Cell... [10,000]
046 0603662D8Z NETWORKED COMMUNICATIONS 9,331 9,331
CAPABILITIES.
047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 158,398 148,398
AND TECHNOLOGY PROGRAM.
.................................. Program decrease.............. [-10,000]
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 7,848
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 37,329
IMPROVEMENT.
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 3,192,066
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............. 321,607 321,607
079 0603892C AEGIS BMD......................... 959,066 959,066
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 439,617 439,617
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
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...... 103,835 293,835
.................................. Directed Energy Cooperation [25,000]
through MDA.
.................................. Increase for Cooperative [165,000]
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 3,893
PROGRAM.
093 0604115C TECHNOLOGY MATURATION INITIATIVES. 90,266 105,266
.................................. Directed Energy Acceleration-- [15,000]
Low Power Laser Demonstrator -
to reclaim schdule slippage.
094 0604132D8Z MISSILE DEFEAT PROJECT............ 45,000 45,000
095 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 844,870 804,870
.................................. SCO........................... [-40,000]
097 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 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 7,089,519
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 170,000
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 181,303 186,303
DEVELOPMENT.
.................................. Examination of Army land- [5,000]
attack and anti-ship
capability.
118 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 266,231 266,231
PROGRAM--EMD.
119 0604764K ADVANCED IT SERVICES JOINT PROGRAM 15,000
OFFICE (AITS-JPO).
.................................. Commercial IT Eval Program.... [15,000]
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 628,218 648,218
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 87,080
CAPABILITY (JMETC).
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
.................................. DASD(DT&E).................... [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 18,523
175 0804767D8Z COCOM EXERCISE ENGAGEMENT AND 34,384 34,384
TRAINING TRANSFORMATION (CE2T2)--
MHA.
176 0901598C MANAGEMENT HQ--MDA................ 31,160 56,160
.................................. Cyber Improvements [25,000]
Acceleration.
179 0903235D8W JOINT SERVICE PROVIDER (JSP)...... 827 827
180A 9999999999 CLASSIFIED PROGRAMS............... 56,799 56,799
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 897,599 926,599
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
181 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 4,241 4,241
182 0605127T REGIONAL INTERNATIONAL OUTREACH 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 18,994
.................................. Secure cellular communications [5,000]
for senior leaders.
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.................. 159,143 147,043
.................................. AC-130 Precision Strike....... [-12,100]
245 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 7,958 7,958
246 1160408BB OPERATIONAL ENHANCEMENTS.......... 64,895 64,895
247 1160431BB WARRIOR SYSTEMS................... 44,885 44,885
248 1160432BB SPECIAL PROGRAMS.................. 1,949 1,949
249 1160434BB UNMANNED ISR...................... 22,117 22,117
250 1160480BB SOF TACTICAL VEHICLES............. 3,316 3,316
251 1160483BB MARITIME SYSTEMS.................. 54,577 54,577
252 1160489BB GLOBAL VIDEO SURVEILLANCE 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 4,249,306
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 18,308,826 18,477,126
TEST & EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 78,047 88,047
.................................. DOT&E Cybersecurity Exercises. [10,000]
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 48,316 48,316
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 52,631 52,631
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 178,994 188,994
..................................
.................................. TOTAL OPERATIONAL TEST & 178,994 188,994
EVAL, DEFENSE.
..................................
.................................. TOTAL RDT&E.................. 71,391,771 71,629,841
----------------------------------------------------------------------------------------------------------------
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
Line Program Element Item Request Authorized
------------------------------------------------------------------------
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
055 0603308A ARMY SPACE 9,375 9,375
SYSTEMS
INTEGRATION.
............... SUBTOTAL 9,375 9,375
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
117 0605035A COMMON INFRARED 10,900 10,900
COUNTERMEASURES
(CIRCM).
122 0605051A AIRCRAFT 73,110 73,110
SURVIVABILITY
DEVELOPMENT.
............... SUBTOTAL 84,010 84,010
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
208 0307665A BIOMETRICS 7,104 7,104
ENABLED
INTELLIGENCE.
............... SUBTOTAL 7,104 7,104
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 100,489 100,489
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
038 0603527N RETRACT LARCH... 3,907 3,907
............... SUBTOTAL 3,907 3,907
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
245A 9999999999 CLASSIFIED 36,426 36,426
PROGRAMS.
............... SUBTOTAL 36,426 36,426
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 40,333 40,333
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
058 0604421F COUNTERSPACE 425 425
SYSTEMS.
............... SUBTOTAL 425 425
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
200 0305174F SPACE 4,715 4,715
INNOVATION,
INTEGRATION AND
RAPID
TECHNOLOGY
DEVELOPMENT.
242A 9999999999 CLASSIFIED 27,765 27,765
PROGRAMS.
............... SUBTOTAL 32,480 32,480
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 32,905 32,905
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, AF.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
............... OPERATIONAL
SYSTEM
DEVELOPMENT
253A 9999999999 CLASSIFIED 162,419 162,419
PROGRAMS.
............... SUBTOTAL 162,419 162,419
OPERATIONAL
SYSTEM
DEVELOPMENT.
...............
............... TOTAL 162,419 162,419
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, DW.
...............
............... TOTAL RDT&E 336,146 336,146
------------------------------------------------------------------------
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
Line Program Element Item Request Authorized
------------------------------------------------------------------------
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
090 0604715A NON-SYSTEM 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
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... 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
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).
081 0604454N LX (R).......... 19,000
............... LX (R) [19,000]
Design.
............... SUBTOTAL 37,990 56,990
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
Improvements.
............... SUBTOTAL 31,400
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... TOTAL 37,990 88,390
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
............... ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES
074 0603882C BALLISTIC 65,000
MISSILE DEFENSE
MIDCOURSE
DEFENSE SEGMENT.
............... Ground [65,000]
System
Communicatio
ns
Modernizatio
n & Upgrades
to Enable
Full RKV
Capabilities.
076 0603884C BALLISTIC 45,000
MISSILE DEFENSE
SENSORS.
............... Electronic [25,000]
Protection
Acceleration
for Sensors.
............... RFPs for [20,000]
Hawaii &
East Coast
Radars.
077 0603890C BMD ENABLING 10,000
PROGRAMS.
............... Modeling and [10,000]
Simulation
Improvements.
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]
Acceleration.
............... Post- [10,000]
Intercept
Assessment
Acceleration.
088 0603914C BALLISTIC 10,000
MISSILE DEFENSE
TEST.
............... Test [10,000]
Infrastructu
re.
105 0604874C IMPROVED 75,000
HOMELAND
DEFENSE
INTERCEPTORS.
............... Modernized [50,000]
Booster
Acceleration.
............... 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.
............... SUBTOTAL 300,000
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... TOTAL 300,000
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, DW.
...............
............... TOTAL RDT&E 38,023 452,123
------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 House
Line Item Request Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS.................................................... 791,450 791,450
020 MODULAR SUPPORT BRIGADES.......................................... 68,373 68,373
030 ECHELONS ABOVE BRIGADE............................................ 438,823 438,823
040 THEATER LEVEL ASSETS.............................................. 660,258 660,258
050 LAND FORCES OPERATIONS SUPPORT.................................... 863,928 1,198,828
Realign APS Unit Set Requirements from OCO.................... [334,900]
060 AVIATION ASSETS................................................... 1,360,597 1,360,597
070 FORCE READINESS OPERATIONS SUPPORT................................ 3,086,443 3,094,443
Additional cyber protection teams............................. [3,000]
Public-private cyber training partnership..................... [5,000]
080 LAND FORCES SYSTEMS READINESS..................................... 439,488 439,488
090 LAND FORCES DEPOT MAINTENANCE..................................... 1,013,452 1,026,052
Realign APS Unit Set Requirements from OCO.................... [12,600]
100 BASE OPERATIONS SUPPORT........................................... 7,816,343 7,831,343
Realign APS Unit Set Requirements from OCO.................... [15,000]
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 2,234,546 2,234,546
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 452,105 452,105
130 COMBATANT COMMANDERS CORE OPERATIONS.............................. 155,658 155,658
170 COMBATANT COMMANDS DIRECT MISSION SUPPORT......................... 441,143 441,143
SUBTOTAL OPERATING FORCES..................................... 19,822,607 20,193,107
MOBILIZATION
180 STRATEGIC MOBILITY................................................ 336,329 336,329
190 ARMY PREPOSITIONED STOCKS......................................... 390,848 574,848
Realign APS Unit Set Requirements from OCO.................... [184,000]
200 INDUSTRIAL PREPAREDNESS........................................... 7,401 7,401
SUBTOTAL MOBILIZATION......................................... 734,578 918,578
TRAINING AND RECRUITING
210 OFFICER ACQUISITION............................................... 131,942 131,942
220 RECRUIT TRAINING.................................................. 47,846 47,846
230 ONE STATION UNIT TRAINING......................................... 45,419 45,419
240 SENIOR RESERVE OFFICERS TRAINING CORPS............................ 482,747 482,747
250 SPECIALIZED SKILL TRAINING........................................ 921,025 927,525
Defense Foreign Language Program.............................. [6,500]
260 FLIGHT TRAINING................................................... 902,845 902,845
270 PROFESSIONAL DEVELOPMENT EDUCATION................................ 216,583 216,583
280 TRAINING SUPPORT.................................................. 607,534 607,534
290 RECRUITING AND ADVERTISING........................................ 550,599 550,599
300 EXAMINING......................................................... 187,263 187,263
310 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 189,556 189,556
320 CIVILIAN EDUCATION AND TRAINING................................... 182,835 182,835
330 JUNIOR RESERVE OFFICER TRAINING CORPS............................. 171,167 171,167
SUBTOTAL TRAINING AND RECRUITING.............................. 4,637,361 4,643,861
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION........................................ 230,739 350,739
Realign APS Unit Set Requirements from OCO.................... [120,000]
360 CENTRAL SUPPLY ACTIVITIES......................................... 850,060 850,060
370 LOGISTIC SUPPORT ACTIVITIES....................................... 778,757 778,757
380 AMMUNITION MANAGEMENT............................................. 370,010 370,010
390 ADMINISTRATION.................................................... 451,556 451,556
400 SERVICEWIDE COMMUNICATIONS........................................ 1,888,123 1,888,123
410 MANPOWER MANAGEMENT............................................... 276,403 276,403
420 OTHER PERSONNEL SUPPORT........................................... 369,443 369,443
430 OTHER SERVICE SUPPORT............................................. 1,096,074 1,096,074
440 ARMY CLAIMS ACTIVITIES............................................ 207,800 207,800
450 REAL ESTATE MANAGEMENT............................................ 240,641 240,641
460 FINANCIAL MANAGEMENT AND AUDIT READINESS.......................... 250,612 250,612
470 INTERNATIONAL MILITARY HEADQUARTERS............................... 416,587 416,587
480 MISC. SUPPORT OF OTHER NATIONS.................................... 36,666 36,666
530 CLASSIFIED PROGRAMS............................................... 1,151,023 1,151,023
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES........................... 8,614,494 8,734,494
UNDISTRIBUTED
540 UNDISTRIBUTED..................................................... -654,600
Excessive standard price for fuel............................. [-56,100]
Foreign Currency adjustments.................................. [-229,900]
Historical unobligated balances............................... [-376,300]
Prohibition on Per Diem Allowance Reduction................... [7,700]
SUBTOTAL UNDISTRIBUTED........................................ -654,600
TOTAL OPERATION & MAINTENANCE, ARMY.......................... 33,809,040 33,835,440
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES.......................................... 11,435 11,435
020 ECHELONS ABOVE BRIGADE............................................ 491,772 491,772
030 THEATER LEVEL ASSETS.............................................. 116,163 116,163
040 LAND FORCES OPERATIONS SUPPORT.................................... 563,524 563,524
050 AVIATION ASSETS................................................... 91,162 91,162
060 FORCE READINESS OPERATIONS SUPPORT................................ 347,459 347,659
Defense Language Program...................................... [200]
070 LAND FORCES SYSTEMS READINESS..................................... 101,926 101,926
080 LAND FORCES DEPOT MAINTENANCE..................................... 56,219 56,219
090 BASE OPERATIONS SUPPORT........................................... 573,843 573,843
100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 214,955 214,955
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 37,620 37,620
SUBTOTAL OPERATING FORCES..................................... 2,606,078 2,606,278
ADMIN & SRVWD ACTIVITIES
120 SERVICEWIDE TRANSPORTATION........................................ 11,027 11,027
130 ADMINISTRATION.................................................... 16,749 16,749
140 SERVICEWIDE COMMUNICATIONS........................................ 17,825 17,825
150 MANPOWER MANAGEMENT............................................... 6,177 6,177
160 RECRUITING AND ADVERTISING........................................ 54,475 54,475
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 106,253 106,253
UNDISTRIBUTED
180 UNDISTRIBUTED..................................................... -6,800
Excessive standard price for fuel............................. [-6,800]
SUBTOTAL UNDISTRIBUTED........................................ -6,800
TOTAL OPERATION & MAINTENANCE, ARMY RES...................... 2,712,331 2,705,731
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS.................................................... 708,251 708,251
020 MODULAR SUPPORT BRIGADES.......................................... 197,251 197,251
030 ECHELONS ABOVE BRIGADE............................................ 792,271 792,271
040 THEATER LEVEL ASSETS.............................................. 80,341 80,341
050 LAND FORCES OPERATIONS SUPPORT.................................... 37,138 37,138
060 AVIATION ASSETS................................................... 887,625 887,625
070 FORCE READINESS OPERATIONS SUPPORT................................ 696,267 696,467
Defense Language Program...................................... [200]
080 LAND FORCES SYSTEMS READINESS..................................... 61,240 61,240
090 LAND FORCES DEPOT MAINTENANCE..................................... 219,948 219,948
100 BASE OPERATIONS SUPPORT........................................... 1,040,012 1,040,012
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 676,715 676,715
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 1,021,144 1,021,144
SUBTOTAL OPERATING FORCES..................................... 6,418,203 6,418,403
ADMIN & SRVWD ACTIVITIES
130 SERVICEWIDE TRANSPORTATION........................................ 6,396 6,396
140 ADMINISTRATION.................................................... 68,528 71,052
National Guard State Partnership Program...................... [2,524]
150 SERVICEWIDE COMMUNICATIONS........................................ 76,524 76,524
160 MANPOWER MANAGEMENT............................................... 7,712 7,712
170 OTHER PERSONNEL SUPPORT........................................... 245,046 245,046
180 REAL ESTATE MANAGEMENT............................................ 2,961 2,961
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 407,167 409,691
UNDISTRIBUTED
190 UNDISTRIBUTED..................................................... -29,000
Excessive standard price for fuel............................. [-29,000]
SUBTOTAL UNDISTRIBUTED........................................ -29,000
TOTAL OPERATION & MAINTENANCE, ARNG.......................... 6,825,370 6,799,094
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 4,094,765 4,094,765
020 FLEET AIR TRAINING................................................ 1,722,473 1,722,473
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES.................... 52,670 52,670
040 AIR OPERATIONS AND SAFETY SUPPORT................................. 97,584 97,584
050 AIR SYSTEMS SUPPORT............................................... 446,733 446,733
060 AIRCRAFT DEPOT MAINTENANCE........................................ 1,007,681 1,007,681
070 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 38,248 38,248
080 AVIATION LOGISTICS................................................ 564,720 564,720
090 MISSION AND OTHER SHIP OPERATIONS................................. 3,513,083 3,513,083
100 SHIP OPERATIONS SUPPORT & TRAINING................................ 743,765 743,765
110 SHIP DEPOT MAINTENANCE............................................ 5,168,273 5,177,773
Ship Repair Capability in the Western Pacific................. [9,500]
120 SHIP DEPOT OPERATIONS SUPPORT..................................... 1,575,578 1,575,578
130 COMBAT COMMUNICATIONS............................................. 558,727 558,727
140 ELECTRONIC WARFARE................................................ 105,680 105,680
150 SPACE SYSTEMS AND SURVEILLANCE.................................... 180,406 180,406
160 WARFARE TACTICS................................................... 470,032 470,032
170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY.......................... 346,703 346,703
180 COMBAT SUPPORT FORCES............................................. 1,158,688 1,158,688
190 EQUIPMENT MAINTENANCE............................................. 113,692 113,692
200 DEPOT OPERATIONS SUPPORT.......................................... 2,509 2,509
210 COMBATANT COMMANDERS CORE OPERATIONS.............................. 91,019 91,019
220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT....................... 74,780 74,780
230 CRUISE MISSILE.................................................... 106,030 106,030
240 FLEET BALLISTIC MISSILE........................................... 1,233,805 1,241,305
Engineering and Technical Services, Project 934............... [7,500]
250 IN-SERVICE WEAPONS SYSTEMS SUPPORT................................ 163,025 163,025
260 WEAPONS MAINTENANCE............................................... 553,269 551,469
Heavy Weight Torpedo Program Execution........................ [-1,500]
Light Weight Torpedo Program Execution........................ [-300]
270 OTHER WEAPON SYSTEMS SUPPORT...................................... 350,010 350,010
280 ENTERPRISE INFORMATION............................................ 790,685 790,685
290 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 1,642,742 1,642,742
300 BASE OPERATING SUPPORT............................................ 4,206,136 4,206,136
SUBTOTAL OPERATING FORCES..................................... 31,173,511 31,188,711
MOBILIZATION
310 SHIP PREPOSITIONING AND SURGE..................................... 893,517 893,517
320 READY RESERVE FORCE............................................... 274,524 274,524
330 AIRCRAFT ACTIVATIONS/INACTIVATIONS................................ 6,727 6,727
340 SHIP ACTIVATIONS/INACTIVATIONS.................................... 288,154 288,154
350 EXPEDITIONARY HEALTH SERVICES SYSTEMS............................. 95,720 95,720
360 INDUSTRIAL READINESS.............................................. 2,109 2,109
370 COAST GUARD SUPPORT............................................... 21,114 21,114
SUBTOTAL MOBILIZATION......................................... 1,581,865 1,581,865
TRAINING AND RECRUITING
380 OFFICER ACQUISITION............................................... 143,815 143,815
390 RECRUIT TRAINING.................................................. 8,519 8,519
400 RESERVE OFFICERS TRAINING CORPS................................... 143,445 143,445
410 SPECIALIZED SKILL TRAINING........................................ 699,214 699,214
420 FLIGHT TRAINING................................................... 5,310 5,310
430 PROFESSIONAL DEVELOPMENT EDUCATION................................ 172,852 174,052
Naval Sea Cadets.............................................. [1,200]
440 TRAINING SUPPORT.................................................. 222,728 222,728
450 RECRUITING AND ADVERTISING........................................ 225,647 225,647
460 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 130,569 130,569
470 CIVILIAN EDUCATION AND TRAINING................................... 73,730 73,730
480 JUNIOR ROTC....................................................... 50,400 50,400
SUBTOTAL TRAINING AND RECRUITING.............................. 1,876,229 1,877,429
ADMIN & SRVWD ACTIVITIES
490 ADMINISTRATION.................................................... 917,453 917,453
500 EXTERNAL RELATIONS................................................ 14,570 14,570
510 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................ 124,070 124,070
520 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 369,767 369,767
530 OTHER PERSONNEL SUPPORT........................................... 285,927 285,927
540 SERVICEWIDE COMMUNICATIONS........................................ 319,908 319,908
570 SERVICEWIDE TRANSPORTATION........................................ 171,659 171,659
590 PLANNING, ENGINEERING AND DESIGN.................................. 270,863 270,863
600 ACQUISITION AND PROGRAM MANAGEMENT................................ 1,112,766 1,112,766
610 HULL, MECHANICAL AND ELECTRICAL SUPPORT........................... 49,078 49,078
620 COMBAT/WEAPONS SYSTEMS............................................ 24,989 24,989
630 SPACE AND ELECTRONIC WARFARE SYSTEMS.............................. 72,966 72,966
640 NAVAL INVESTIGATIVE SERVICE....................................... 595,711 595,711
700 INTERNATIONAL HEADQUARTERS AND AGENCIES........................... 4,809 4,809
730 CLASSIFIED PROGRAMS............................................... 517,440 517,440
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 4,851,976 4,851,976
UNDISTRIBUTED
740 UNDISTRIBUTED..................................................... -585,600
Excessive standard price for fuel............................. [-390,500]
Foreign Currency adjustments.................................. [-26,400]
Historical unobligated balances............................... [-174,100]
Prohibition on Per Diem Allowance Reduction................... [5,400]
SUBTOTAL UNDISTRIBUTED........................................ -585,600
TOTAL OPERATION & MAINTENANCE, NAVY.......................... 39,483,581 38,914,381
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES................................................ 674,613 674,613
020 FIELD LOGISTICS................................................... 947,424 947,424
030 DEPOT MAINTENANCE................................................. 206,783 206,783
040 MARITIME PREPOSITIONING........................................... 85,276 85,276
050 SUSTAINMENT, RESTORATION & MODERNIZATION.......................... 632,673 632,673
060 BASE OPERATING SUPPORT............................................ 2,136,626 2,136,626
SUBTOTAL OPERATING FORCES..................................... 4,683,395 4,683,395
TRAINING AND RECRUITING
070 RECRUIT TRAINING.................................................. 15,946 15,946
080 OFFICER ACQUISITION............................................... 935 935
090 SPECIALIZED SKILL TRAINING........................................ 99,305 99,305
100 PROFESSIONAL DEVELOPMENT EDUCATION................................ 45,495 45,995
MOS-to-Degree Program......................................... [500]
110 TRAINING SUPPORT.................................................. 369,979 369,979
120 RECRUITING AND ADVERTISING........................................ 165,566 165,566
130 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 35,133 35,133
140 JUNIOR ROTC....................................................... 23,622 23,622
SUBTOTAL TRAINING AND RECRUITING.............................. 755,981 756,481
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION........................................ 34,534 34,534
160 ADMINISTRATION.................................................... 355,932 355,932
180 ACQUISITION AND PROGRAM MANAGEMENT................................ 76,896 76,896
200 CLASSIFIED PROGRAMS............................................... 47,520 47,520
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 514,882 514,882
UNDISTRIBUTED
210 UNDISTRIBUTED..................................................... -37,700
Excessive standard price for fuel............................. [-4,900]
Foreign Currency adjustments.................................. [-1,500]
Historical unobligated balances............................... [-33,100]
Prohibition on Per Diem Allowance Reduction................... [1,800]
SUBTOTAL UNDISTRIBUTED........................................ -37,700
TOTAL OPERATION & MAINTENANCE, MARINE CORPS.................. 5,954,258 5,917,058
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 526,190 526,190
020 INTERMEDIATE MAINTENANCE.......................................... 6,714 6,714
030 AIRCRAFT DEPOT MAINTENANCE........................................ 86,209 86,209
040 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 389 389
050 AVIATION LOGISTICS................................................ 10,189 10,189
070 SHIP OPERATIONS SUPPORT & TRAINING................................ 560 560
090 COMBAT COMMUNICATIONS............................................. 13,173 13,173
100 COMBAT SUPPORT FORCES............................................. 109,053 109,053
120 ENTERPRISE INFORMATION............................................ 27,226 27,226
130 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 27,571 27,571
140 BASE OPERATING SUPPORT............................................ 99,166 99,166
SUBTOTAL OPERATING FORCES..................................... 906,440 906,440
ADMIN & SRVWD ACTIVITIES
150 ADMINISTRATION.................................................... 1,351 1,351
160 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 13,251 13,251
170 SERVICEWIDE COMMUNICATIONS........................................ 3,445 3,445
180 ACQUISITION AND PROGRAM MANAGEMENT................................ 3,169 3,169
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 21,216 21,216
UNDISTRIBUTED
200 UNDISTRIBUTED..................................................... -26,600
Excessive standard price for fuel............................. [-26,600]
SUBTOTAL UNDISTRIBUTED........................................ -26,600
TOTAL OPERATION & MAINTENANCE, NAVY RES...................... 927,656 901,056
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES.................................................. 94,154 94,154
020 DEPOT MAINTENANCE................................................. 18,594 18,594
030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 25,470 25,470
040 BASE OPERATING SUPPORT............................................ 111,550 111,550
SUBTOTAL OPERATING FORCES..................................... 249,768 249,768
ADMIN & SRVWD ACTIVITIES
050 SERVICEWIDE TRANSPORTATION........................................ 902 902
060 ADMINISTRATION.................................................... 11,130 11,130
070 RECRUITING AND ADVERTISING........................................ 8,833 8,833
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 20,865 20,865
UNDISTRIBUTED
090 UNDISTRIBUTED..................................................... -800
Excessive standard price for fuel............................. [-800]
SUBTOTAL UNDISTRIBUTED........................................ -800
TOTAL OPERATION & MAINTENANCE, MC RESERVE.................... 270,633 269,833
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 3,294,124 3,294,124
020 COMBAT ENHANCEMENT FORCES......................................... 1,682,045 1,682,045
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS).................... 1,730,757 1,730,757
040 DEPOT MAINTENANCE................................................. 7,042,988 6,986,488
Compass Call Program Restructure.............................. [-56,500]
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 1,657,019 1,657,019
060 BASE SUPPORT...................................................... 2,787,216 2,787,216
070 GLOBAL C3I AND EARLY WARNING...................................... 887,831 887,831
080 OTHER COMBAT OPS SPT PROGRAMS..................................... 1,070,178 1,070,178
100 LAUNCH FACILITIES................................................. 208,582 208,582
110 SPACE CONTROL SYSTEMS............................................. 362,250 362,250
120 COMBATANT COMMANDERS DIRECT MISSION SUPPORT....................... 907,245 907,245
130 COMBATANT COMMANDERS CORE OPERATIONS.............................. 199,171 199,171
135 CLASSIFIED PROGRAMS............................................... 930,757 930,757
SUBTOTAL OPERATING FORCES..................................... 22,760,163 22,703,663
MOBILIZATION
140 AIRLIFT OPERATIONS................................................ 1,703,059 1,703,059
150 MOBILIZATION PREPAREDNESS......................................... 138,899 138,899
160 DEPOT MAINTENANCE................................................. 1,553,439 1,553,439
170 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 258,328 258,328
180 BASE SUPPORT...................................................... 722,756 722,756
SUBTOTAL MOBILIZATION......................................... 4,376,481 4,376,481
TRAINING AND RECRUITING
190 OFFICER ACQUISITION............................................... 120,886 120,886
200 RECRUIT TRAINING.................................................. 23,782 23,782
210 RESERVE OFFICERS TRAINING CORPS (ROTC)............................ 77,692 77,692
220 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 236,254 236,254
230 BASE SUPPORT...................................................... 819,915 819,915
240 SPECIALIZED SKILL TRAINING........................................ 387,446 387,446
250 FLIGHT TRAINING................................................... 725,134 725,134
260 PROFESSIONAL DEVELOPMENT EDUCATION................................ 264,213 264,213
270 TRAINING SUPPORT.................................................. 86,681 86,681
280 DEPOT MAINTENANCE................................................. 305,004 305,004
290 RECRUITING AND ADVERTISING........................................ 104,754 104,754
300 EXAMINING......................................................... 3,944 3,944
310 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 184,841 184,841
320 CIVILIAN EDUCATION AND TRAINING................................... 173,583 173,583
330 JUNIOR ROTC....................................................... 58,877 58,877
SUBTOTAL TRAINING AND RECRUITING.............................. 3,573,006 3,573,006
ADMIN & SRVWD ACTIVITIES
340 LOGISTICS OPERATIONS.............................................. 1,107,846 1,107,846
350 TECHNICAL SUPPORT ACTIVITIES...................................... 924,185 924,185
360 DEPOT MAINTENANCE................................................. 48,778 48,778
370 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 321,013 321,013
380 BASE SUPPORT...................................................... 1,115,910 1,115,910
390 ADMINISTRATION.................................................... 811,650 811,650
400 SERVICEWIDE COMMUNICATIONS........................................ 269,809 269,809
410 OTHER SERVICEWIDE ACTIVITIES...................................... 961,304 961,304
420 CIVIL AIR PATROL.................................................. 25,735 30,500
Civil Air Patrol O&M Support.................................. [4,765]
450 INTERNATIONAL SUPPORT............................................. 90,573 90,573
460 CLASSIFIED PROGRAMS............................................... 1,131,603 1,131,603
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 6,808,406 6,813,171
UNDISTRIBUTED
470 UNDISTRIBUTED..................................................... -765,900
Excessive standard price for fuel............................. [-368,000]
Foreign Currency adjustments.................................. [-116,700]
Historical unobligated balances............................... [-288,000]
Prohibition on Per Diem Allowance Reduction................... [6,800]
SUBTOTAL UNDISTRIBUTED........................................ -765,900
TOTAL OPERATION & MAINTENANCE, AIR FORCE..................... 37,518,056 36,700,421
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 1,707,882 1,707,882
020 MISSION SUPPORT OPERATIONS........................................ 230,016 230,016
030 DEPOT MAINTENANCE................................................. 541,743 541,743
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 113,470 113,470
050 BASE SUPPORT...................................................... 384,832 384,832
SUBTOTAL OPERATING FORCES..................................... 2,977,943 2,977,943
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
060 ADMINISTRATION.................................................... 54,939 54,939
070 RECRUITING AND ADVERTISING........................................ 14,754 14,754
080 MILITARY MANPOWER AND PERS MGMT (ARPC)............................ 12,707 12,707
090 OTHER PERS SUPPORT (DISABILITY COMP).............................. 7,210 7,210
100 AUDIOVISUAL....................................................... 376 376
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES............ 89,986 89,986
UNDISTRIBUTED
110 UNDISTRIBUTED..................................................... -59,700
Excessive standard price for fuel............................. [-59,700]
SUBTOTAL UNDISTRIBUTED........................................ -59,700
TOTAL OPERATION & MAINTENANCE, AF RESERVE.................... 3,067,929 3,008,229
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS............................................... 3,282,238 3,282,238
020 MISSION SUPPORT OPERATIONS........................................ 723,062 723,062
030 DEPOT MAINTENANCE................................................. 1,824,329 1,824,329
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 245,840 245,840
050 BASE SUPPORT...................................................... 575,548 575,548
SUBTOTAL OPERATING FORCES..................................... 6,651,017 6,651,017
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
060 ADMINISTRATION.................................................... 23,715 26,239
National Guard State Partnership Program...................... [2,524]
070 RECRUITING AND ADVERTISING........................................ 28,846 28,846
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES........... 52,561 55,085
UNDISTRIBUTED
080 UNDISTRIBUTED..................................................... -117,700
Excessive standard price for fuel............................. [-117,700]
SUBTOTAL UNDISTRIBUTED........................................ -117,700
TOTAL OPERATION & MAINTENANCE, ANG........................... 6,703,578 6,588,402
OPERATION & MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF............................................. 506,113 506,113
020 OFFICE OF THE SECRETARY OF DEFENSE................................ 524,439 519,439
Program decrease.............................................. [-5,000]
030 SPECIAL OPERATIONS COMMAND/OPERATING FORCES....................... 4,898,159 4,898,159
SUBTOTAL OPERATING FORCES..................................... 5,928,711 5,923,711
TRAINING AND RECRUITING
040 DEFENSE ACQUISITION UNIVERSITY.................................... 138,658 138,658
050 JOINT CHIEFS OF STAFF............................................. 85,701 85,701
070 SPECIAL OPERATIONS COMMAND/TRAINING AND RECRUITING................ 365,349 365,349
SUBTOTAL TRAINING AND RECRUITING.............................. 589,708 589,708
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
080 CIVIL MILITARY PROGRAMS........................................... 160,480 180,480
STARBASE...................................................... [20,000]
100 DEFENSE CONTRACT AUDIT AGENCY..................................... 630,925 630,925
110 DEFENSE CONTRACT MANAGEMENT AGENCY................................ 1,356,380 1,356,380
120 DEFENSE HUMAN RESOURCES ACTIVITY.................................. 683,620 683,620
130 DEFENSE INFORMATION SYSTEMS AGENCY................................ 1,439,891 1,439,891
150 DEFENSE LEGAL SERVICES AGENCY..................................... 24,984 24,984
160 DEFENSE LOGISTICS AGENCY.......................................... 357,964 357,964
170 DEFENSE MEDIA ACTIVITY............................................ 223,422 213,422
Program decrease............................................... [-10,000]
180 DEFENSE PERSONNEL ACCOUNTING AGENCY............................... 112,681 112,681
190 DEFENSE SECURITY COOPERATION AGENCY............................... 496,754 496,754
200 DEFENSE SECURITY SERVICE.......................................... 538,711 538,711
230 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................ 35,417 35,417
240 DEFENSE THREAT REDUCTION AGENCY................................... 448,146 448,146
260 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.......................... 2,671,143 2,701,143
Impact Aid.................................................... [30,000]
270 MISSILE DEFENSE AGENCY............................................ 446,975 446,975
290 OFFICE OF ECONOMIC ADJUSTMENT..................................... 155,399 155,399
300 OFFICE OF THE SECRETARY OF DEFENSE................................ 1,481,643 1,406,713
Alcohol Abuse Prevention Program.............................. [1,000]
BRAC 2017 Round Planning and Analyses......................... [-3,530]
CWMD Sustainment: Constellation program reduction............. [-3,800]
Program decrease.............................................. [-84,428]
Readiness environmental protection initiative................. [15,828]
310 SPECIAL OPERATIONS COMMAND/ADMIN & SVC-WIDE ACTIVITIES............ 89,429 70,829
SOCOM MH-60 Block Upgrades / MH-60M Replacement............... [-18,600]
320 WASHINGTON HEADQUARTERS SERVICES.................................. 629,874 619,874
Program decrease.............................................. [-10,000]
330 CLASSIFIED PROGRAMS............................................... 14,069,333 14,071,333
Classified adjustment......................................... [2,000]
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES............ 26,053,171 25,991,641
UNDISTRIBUTED
340 UNDISTRIBUTED..................................................... -293,900
Excessive standard price for fuel............................. [-17,800]
Foreign Currency adjustments.................................. [-34,300]
Historical unobligated balances............................... [-248,100]
Prohibition on Per Diem Allowance Reduction................... [6,300]
SUBTOTAL UNDISTRIBUTED........................................ -293,900
TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE.................. 32,571,590 32,211,160
MISCELLANEOUS APPROPRIATIONS
010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE................. 14,194 14,194
020 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID..................... 105,125 105,125
030 COOPERATIVE THREAT REDUCTION...................................... 325,604 325,604
050 ENVIRONMENTAL RESTORATION, ARMY................................... 170,167 170,167
060 ENVIRONMENTAL RESTORATION, NAVY................................... 281,762 281,762
070 ENVIRONMENTAL RESTORATION, AIR FORCE.............................. 371,521 371,521
080 ENVIRONMENTAL RESTORATION, DEFENSE................................ 9,009 9,009
090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES..................... 197,084 197,084
SUBTOTAL MISCELLANEOUS APPROPRIATIONS......................... 1,474,466 1,474,466
TOTAL MISCELLANEOUS APPROPRIATIONS........................... 1,474,466 1,474,466
TOTAL OPERATION & MAINTENANCE................................ 171,318,488 169,325,271
----------------------------------------------------------------------------------------------------------------
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
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 406,852 396,052
Army requested realignment [-10,800]
(ERI).....................
040 THEATER LEVEL ASSETS.......... 1,643,456 1,713,556
Operational support for [70,100]
deployed end strength of
9,800 in Afghanistan......
050 LAND FORCES OPERATIONS SUPPORT 556,066 156,366
Army requested realignment [-132,000]
(ERI).....................
Operational support for [67,200]
deployed end strength of
9,800 in Afghanistan......
Realign APS Unit Set [-334,900]
Requirements to Base......
060 AVIATION ASSETS............... 58,620 90,120
Operational support for [31,500]
deployed end strength of
9,800 in Afghanistan......
070 FORCE READINESS OPERATIONS 1,502,845 1,676,345
SUPPORT......................
Army requested realignment [-2,000]
(ERI).....................
Operational support for [175,500]
deployed end strength of
9,800 in Afghanistan......
080 LAND FORCES SYSTEMS READINESS. 348,174 358,174
Operational support for [10,000]
deployed end strength of
9,800 in Afghanistan......
100 BASE OPERATIONS SUPPORT....... 40,000 25,000
Realign APS Unit Set [-15,000]
Requirements to Base......
140 ADDITIONAL ACTIVITIES......... 5,979,678 7,060,278
Operational support for [1,093,200]
deployed end strength of
9,800 in Afghanistan......
Realign APS Unit Set [-12,600]
Requirements to Base......
150 COMMANDERS EMERGENCY RESPONSE 5,000 5,000
PROGRAM......................
160 RESET......................... 1,092,542 1,092,542
170 COMBATANT COMMANDS DIRECT 79,568 79,568
MISSION SUPPORT..............
SUBTOTAL OPERATING FORCES. 11,712,801 12,653,001
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.... 540,400 559,500
Army requested realignment [120,000]
(ERI).....................
Operational support for [203,100]
deployed end strength of
9,800 in Afghanistan......
Realign APS Unit Set [-304,000]
Requirements to Base......
380 AMMUNITION MANAGEMENT......... 13,974 49,074
Operational support for [35,100]
deployed end strength of
9,800 in Afghanistan......
420 OTHER PERSONNEL SUPPORT....... 105,508 105,508
450 REAL ESTATE MANAGEMENT........ 165,678 263,178
Operational support for [97,500]
deployed end strength of
9,800 in Afghanistan......
530 CLASSIFIED PROGRAMS........... 835,551 849,851
Operational support for [14,300]
deployed end strength of
9,800 in Afghanistan......
SUBTOTAL ADMIN & SRVWIDE 1,661,111 1,827,111
ACTIVITIES................
UNDISTRIBUTED
540 UNDISTRIBUTED................. -6,083,330
Excessive standard price [-138,600]
for fuel..................
Historical unobligated [-188,500]
balances..................
Prorated OCO allocation in [-5,756,230]
support of base readiness
requirements..............
SUBTOTAL UNDISTRIBUTED.... -6,083,330
TOTAL OPERATION & 13,724,112 8,526,782
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE........ 6,252 9,252
Operational support for [3,000]
deployed end strength of
9,800 in Afghanistan......
040 LAND FORCES OPERATIONS SUPPORT 2,075 3,075
Operational support for [1,000]
deployed end strength of
9,800 in Afghanistan......
060 FORCE READINESS OPERATIONS 1,140 1,440
SUPPORT......................
Operational support for [300]
deployed end strength of
9,800 in Afghanistan......
090 BASE OPERATIONS SUPPORT....... 14,653 15,153
Operational support for [500]
deployed end strength of
9,800 in Afghanistan......
SUBTOTAL OPERATING FORCES. 24,120 28,920
UNDISTRIBUTED
180 UNDISTRIBUTED................. -11,394
Prorated OCO allocation in [-11,394]
support of base readiness
requirements..............
SUBTOTAL UNDISTRIBUTED.... -11,394
TOTAL OPERATION & 24,120 17,526
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 10,564 16,564
Operational support for [6,000]
deployed end strength of
9,800 in Afghanistan......
020 MODULAR SUPPORT BRIGADES...... 748 748
030 ECHELONS ABOVE BRIGADE........ 5,751 7,451
Operational support for [1,700]
deployed end strength of
9,800 in Afghanistan......
040 THEATER LEVEL ASSETS.......... 200 200
060 AVIATION ASSETS............... 27,183 30,983
Operational support for [3,800]
deployed end strength of
9,800 in Afghanistan......
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 78,407
UNDISTRIBUTED
190 UNDISTRIBUTED................. -30,892
Prorated OCO allocation in [-30,892]
support of base readiness
requirements..............
SUBTOTAL UNDISTRIBUTED.... -30,892
TOTAL OPERATION & 66,907 47,515
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.. 76,216 176,047
Maintain security forces [99,831]
at fiscal year 2016 levels
040 TRAINING AND OPERATIONS....... 220,139 281,555
Maintain security forces [61,416]
at fiscal year 2016 levels
SUBTOTAL MINISTRY OF 2,517,958 2,679,205
DEFENSE...................
MINISTRY OF INTERIOR
050 SUSTAINMENT................... 860,441 880,300
Maintain security forces [19,859]
at fiscal year 2016 levels
060 INFRASTRUCTURE................ 20,837 20,837
070 EQUIPMENT AND TRANSPORTATION.. 8,153 116,573
Maintain security forces [108,420]
at fiscal year 2016 levels
080 TRAINING AND OPERATIONS....... 41,326 65,342
Maintain security forces [24,016]
at fiscal year 2016 levels
SUBTOTAL MINISTRY OF 930,757 1,083,052
INTERIOR..................
UNDISTRIBUTED
110 UNDISTRIBUTED................. -1,482,289
Prorated OCO allocation in [-1,482,289]
support of base readiness
requirements..............
SUBTOTAL UNDISTRIBUTED.... -1,482,289
TOTAL AFGHANISTAN 3,448,715 2,279,968
SECURITY FORCES FUND.....
IRAQ TRAIN AND EQUIP FUND
IRAQ TRAIN AND EQUIP FUND
010 IRAQ TRAIN AND EQUIP FUND..... 630,000 680,000
Support to Kurdish and [50,000]
Sunni tribal security
forces for operations in
Mosul, Iraq...............
SUBTOTAL IRAQ TRAIN AND 630,000 680,000
EQUIP FUND................
UNDISTRIBUTED
020 UNDISTRIBUTED................. -267,913
Prorated OCO allocation in [-267,913]
support of base readiness
requirements..............
SUBTOTAL UNDISTRIBUTED.... -267,913
TOTAL IRAQ TRAIN AND 630,000 412,087
EQUIP FUND...............
SYRIA TRAIN AND EQUIP FUND
SYRIA TRAIN AND EQUIP FUND
010 SYRIA TRAIN AND EQUIP FUND.... 250,000 250,000
SUBTOTAL SYRIA TRAIN AND 250,000 250,000
EQUIP FUND................
UNDISTRIBUTED
020 UNDISTRIBUTED................. -98,497
Prorated OCO allocation in [-98,497]
support of base readiness
requirements..............
SUBTOTAL UNDISTRIBUTED.... -98,497
TOTAL SYRIA TRAIN AND 250,000 151,503
EQUIP FUND...............
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 360,621 360,621
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......... 568,511 568,511
190 EQUIPMENT MAINTENANCE......... 11,358 11,358
250 IN-SERVICE WEAPONS SYSTEMS 61,000 61,000
SUPPORT......................
260 WEAPONS MAINTENANCE........... 289,045 289,045
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. 4,968,473 4,968,473
MOBILIZATION
330 AIRCRAFT ACTIVATIONS/ 1,530 1,530
INACTIVATIONS................
350 EXPEDITIONARY HEALTH SERVICES 5,307 5,307
SYSTEMS......................
370 COAST GUARD SUPPORT........... 162,692 162,692
SUBTOTAL MOBILIZATION..... 169,529 169,529
TRAINING AND RECRUITING
410 SPECIALIZED SKILL TRAINING.... 43,365 43,365
SUBTOTAL TRAINING AND 43,365 43,365
RECRUITING................
ADMIN & SRVWD ACTIVITIES
490 ADMINISTRATION................ 3,764 3,764
500 EXTERNAL RELATIONS............ 515 515
520 MILITARY MANPOWER AND 5,409 5,409
PERSONNEL 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........... 15,780 15,780
SUBTOTAL ADMIN & SRVWD 164,508 164,508
ACTIVITIES................
UNDISTRIBUTED
740 UNDISTRIBUTED................. -2,226,518
Excessive standard price [-120,300]
for fuel..................
Prorated OCO allocation in [-2,106,218]
support of base readiness
requirements..............
SUBTOTAL UNDISTRIBUTED.... -2,226,518
TOTAL OPERATION & 5,345,875 3,119,357
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 403,489 469,789
Operational support for [66,300]
deployed end strength of
9,800 in Afghanistan......
020 FIELD LOGISTICS............... 266,094 266,094
030 DEPOT MAINTENANCE............. 147,000 147,000
060 BASE OPERATING SUPPORT........ 18,576 18,576
SUBTOTAL OPERATING FORCES. 835,159 901,459
TRAINING AND RECRUITING
110 TRAINING SUPPORT.............. 31,750 31,750
SUBTOTAL TRAINING AND 31,750 31,750
RECRUITING................
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 73,800 89,800
Operational support for [16,000]
deployed end strength of
9,800 in Afghanistan......
200 CLASSIFIED PROGRAMS........... 3,650 3,650
SUBTOTAL ADMIN & SRVWD 77,450 93,450
ACTIVITIES................
UNDISTRIBUTED
210 UNDISTRIBUTED................. -413,593
Excessive standard price [-9,100]
for fuel..................
Prorated OCO allocation in [-404,493]
support of base readiness
requirements..............
SUBTOTAL UNDISTRIBUTED.... -413,593
TOTAL OPERATION & 944,359 613,066
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
UNDISTRIBUTED
200 UNDISTRIBUTED................. -10,448
Excessive standard price [-100]
for fuel..................
Prorated OCO allocation in [-10,348]
support of base readiness
requirements..............
SUBTOTAL UNDISTRIBUTED.... -10,448
TOTAL OPERATION & 26,265 15,817
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
UNDISTRIBUTED
090 UNDISTRIBUTED................. -1,302
Prorated OCO allocation in [-1,302]
support of base readiness
requirements..............
SUBTOTAL UNDISTRIBUTED.... -1,302
TOTAL OPERATION & 3,304 2,002
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,339,461 1,370,361
Enahncing readiness levels [10,000]
of DCA aircraft...........
Operational support for [20,900]
deployed end strength of
9,800 in Afghanistan......
020 COMBAT ENHANCEMENT FORCES..... 1,096,021 1,116,921
Operational support for [20,900]
deployed end strength of
9,800 in Afghanistan......
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. 207,696 217,696
Promoting additional DCA [5,000]
burden sharing............
Supporting DCA dispersal [5,000]
CONOP development.........
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. 5,071,446 5,158,846
MOBILIZATION
140 AIRLIFT OPERATIONS............ 2,774,729 2,872,429
Operational support for [97,700]
deployed end strength of
9,800 in Afghanistan......
150 MOBILIZATION PREPAREDNESS..... 108,163 108,163
160 DEPOT MAINTENANCE............. 891,102 891,102
180 BASE SUPPORT.................. 3,686 3,686
SUBTOTAL MOBILIZATION..... 3,777,680 3,875,380
TRAINING AND RECRUITING
230 BASE SUPPORT.................. 52,740 52,740
240 SPECIALIZED SKILL TRAINING.... 4,500 4,500
SUBTOTAL TRAINING AND 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.. 141,883 141,883
450 INTERNATIONAL SUPPORT......... 61 61
460 CLASSIFIED PROGRAMS........... 15,323 15,323
SUBTOTAL ADMIN & SRVWD 468,464 468,464
ACTIVITIES................
UNDISTRIBUTED
470 UNDISTRIBUTED................. -3,868,111
Excessive standard price [-101,600]
for fuel..................
Prorated OCO allocation in [-3,766,511]
support of base readiness
requirements..............
SUBTOTAL UNDISTRIBUTED.... -3,868,111
TOTAL OPERATION & 9,374,830 5,691,819
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
UNDISTRIBUTED
110 UNDISTRIBUTED................. -22,788
Excessive standard price [-100]
for fuel..................
Prorated OCO allocation in [-22,688]
support of base readiness
requirements..............
SUBTOTAL UNDISTRIBUTED.... -22,788
TOTAL OPERATION & 57,586 34,798
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
UNDISTRIBUTED
080 UNDISTRIBUTED................. -7,880
Prorated OCO allocation in [-7,880]
support of base readiness
requirements..............
SUBTOTAL UNDISTRIBUTED.... -7,880
TOTAL OPERATION & 20,000 12,120
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/ 2,636,307 2,805,907
OPERATING FORCES.............
Operational support for [169,600]
deployed end strength of
9,800 in Afghanistan......
SUBTOTAL OPERATING FORCES. 2,636,307 2,815,907
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
100 DEFENSE CONTRACT AUDIT AGENCY. 13,436 13,436
110 DEFENSE CONTRACT MANAGEMENT 13,564 13,564
AGENCY.......................
130 DEFENSE INFORMATION SYSTEMS 32,879 32,879
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 1,412,000
AGENCY.......................
260 DEPARTMENT OF DEFENSE 67,000 67,000
EDUCATION ACTIVITY...........
300 OFFICE OF THE SECRETARY OF 31,106 31,106
DEFENSE......................
320 WASHINGTON HEADQUARTERS 3,137 3,137
SERVICES.....................
330 CLASSIFIED PROGRAMS........... 1,609,397 1,610,397
Operational support for [1,000]
deployed end strength of
9,800 in Afghanistan......
SUBTOTAL ADMINISTRATION 3,307,822 3,308,822
AND SERVICEWIDE ACTIVITIES
UNDISTRIBUTED
340 UNDISTRIBUTED................. -2,419,878
Excessive standard price [-6,800]
for fuel..................
Prorated OCO allocation in [-2,413,078]
support of base readiness
requirements..............
SUBTOTAL UNDISTRIBUTED.... -2,419,878
TOTAL OPERATION & 5,944,129 3,704,851
MAINTENANCE, DEFENSE-WIDE
TOTAL OPERATION & 39,860,202 24,629,211
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 House
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 317,093 367,093
Army unfunded requirement-- [50,000]
Improve training from BN+
to BCT-...................
020 MODULAR SUPPORT BRIGADES...... 5,904 5,904
030 ECHELONS ABOVE BRIGADE........ 38,614 38,614
040 THEATER LEVEL ASSETS.......... 8,361 8,361
050 LAND FORCES OPERATIONS SUPPORT 279,072 279,072
060 AVIATION ASSETS............... 106,424 206,924
Army unfunded requirement-- [68,000]
Meet air readiness targets
Increase to support ARI-- [32,500]
Eleventh CAB..............
070 FORCE READINESS OPERATIONS 253,533 253,533
SUPPORT......................
090 LAND FORCES DEPOT MAINTENANCE. 350,000 350,000
100 BASE OPERATIONS SUPPORT....... 22,100
Increase to support ARI-- [22,100]
Eleventh CAB..............
110 FACILITIES SUSTAINMENT, 922,000
RESTORATION & MODERNIZATION..
Increase Restoration & [494,900]
Modernization funding.....
Restore Sustainment [427,100]
shortfalls................
140 ADDITIONAL ACTIVITIES......... 11,200 11,200
SUBTOTAL OPERATING FORCES. 1,370,201 2,464,801
TRAINING AND RECRUITING
250 SPECIALIZED SKILL TRAINING.... 3,565 3,565
260 FLIGHT TRAINING............... 42,934
Army unfunded requirement-- [5,405]
Ensure AVN restructure
initiative execution......
Army unfunded requirement-- [31,125]
Increase student workload
for additional warrant
officers..................
Army unfunded requirement-- [6,404]
Train full ARPINT load of
990.......................
270 PROFESSIONAL DEVELOPMENT 9,021 40,621
EDUCATION....................
Military Training and PME. [31,600]
280 TRAINING SUPPORT.............. 2,434 2,434
290 RECRUITING AND ADVERTISING.... 356,500
Recruiting and Advertising [356,500]
Add.......................
320 CIVILIAN EDUCATION AND 1,254 1,254
TRAINING.....................
SUBTOTAL TRAINING AND 16,274 447,308
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION.... 200,000 265,000
Army unfunded requirement-- [65,000]
Restore cricital
shortfalls................
SUBTOTAL ADMIN & SRVWIDE 200,000 265,000
ACTIVITIES................
UNDISTRIBUTED
540 UNDISTRIBUTED................. 704,300
Additional funding to [704,300]
support increase in Army
end strength..............
SUBTOTAL UNDISTRIBUTED.... 704,300
TOTAL OPERATION & 1,586,475 3,881,409
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 708 708
020 ECHELONS ABOVE BRIGADE........ 8,570 28,570
Army unfunded requirement-- [20,000]
Improve training from PLT
to CO proficiency.........
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, 97,500
RESTORATION & MODERNIZATION..
Increase Restoration & [57,100]
Modernization funding.....
Restore Sustainment [40,400]
shortfalls................
SUBTOTAL OPERATING FORCES. 14,559 132,059
UNDISTRIBUTED
180 UNDISTRIBUTED................. 103,400
Additional funding to [103,400]
support increase in Army
Reserve end strength......
SUBTOTAL UNDISTRIBUTED.... 103,400
TOTAL OPERATION & 14,559 235,459
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 51,621
Increase to support ARI... [46,000]
070 FORCE READINESS OPERATIONS 9,694 9,694
SUPPORT......................
110 FACILITIES SUSTAINMENT, 121,000
RESTORATION & MODERNIZATION..
Increase Restoration & [16,800]
Modernization funding.....
Restore Sustainment [104,200]
shortfalls................
SUBTOTAL OPERATING FORCES. 60,128 227,128
UNDISTRIBUTED
190 UNDISTRIBUTED................. 159,100
Additional funding to [159,100]
support increase in Army
National Guard end
strength..................
SUBTOTAL UNDISTRIBUTED.... 159,100
TOTAL OPERATION & 60,128 386,228
MAINTENANCE, ARNG........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 500,000 556,520
OPERATIONS...................
Carrier Air Wing [56,520]
Restoration...............
020 FLEET AIR TRAINING............ 23,020
Carrier Air Wing [23,020]
Restoration...............
050 AIR SYSTEMS SUPPORT........... 6,500
Marine Corps unfunded [5,300]
requirement--accelerate
readiness - H-1...........
Marine Corps unfunded [1,200]
requirement--accelerate
readiness - MV-22B........
060 AIRCRAFT DEPOT MAINTENANCE.... 36,000
Carrier Air Wing [6,000]
Restoration...............
Navy unfunded requirement-- [30,000]
Improve Afloat Readiness..
080 AVIATION LOGISTICS............ 33,500
Marine Corps unfunded [6,800]
requirement--accelerate
readiness - KC-130J.......
Marine Corps unfunded [10,700]
requirement--accelerate
readiness - MV-22B........
Navy unfunded requirement-- [16,000]
Improve Afloat Readiness..
090 MISSION AND OTHER SHIP 348,200
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 & 19,700
TRAINING.....................
Navy unfunded requirement-- [19,700]
Restore Fleet Training....
110 SHIP DEPOT MAINTENANCE........ 775,000 1,084,100
Cruiser Modernization..... [71,100]
Navy unfunded requirement-- [238,000]
Ship Depot Wholeness......
120 SHIP DEPOT OPERATIONS SUPPORT. 79,000
Navy unfunded requirement-- [79,000]
Increase Alfoat Readiness.
290 SUSTAINMENT, RESTORATION AND 19,270 408,470
MODERNIZATION................
Increase Restoration & [113,600]
Modernization funding.....
Restore Sustainment [275,600]
shortfalls................
300 BASE OPERATING SUPPORT........ 158,032 158,032
SUBTOTAL OPERATING FORCES. 1,452,302 2,753,042
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 2,782,256
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 300,000 322,000
Marine Corps unfunded [22,000]
requirement- enhanced
combat helmets............
020 FIELD LOGISTICS............... 21,450
Marine Corps unfunded [13,200]
requirement- rifle combat
optic modernization.......
Marine Corps unfunded [8,250]
requirement- SPMAGTF--C4
UUNS......................
050 SUSTAINMENT, RESTORATION & 145,600
MODERNIZATION................
Increase Restoration & [31,400]
Modernization funding.....
Restore Sustainment [114,200]
shortfalls................
SUBTOTAL OPERATING FORCES. 300,000 489,050
TOTAL OPERATION & 300,000 489,050
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
030 AIRCRAFT DEPOT MAINTENANCE.... 4,000
Navy unfunded requirement-- [4,000]
Improve Afloat Readiness..
070 SHIP OPERATIONS SUPPORT & 300
TRAINING.....................
Navy unfunded requirement-- [300]
Restore Fleet Training....
130 SUSTAINMENT, RESTORATION AND 7,800
MODERNIZATION................
Increase Restoration & [2,100]
Modernization funding.....
Restore Sustainment [5,700]
shortfalls................
SUBTOTAL OPERATING FORCES. 12,100
TOTAL OPERATION & 12,100
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
030 SUSTAINMENT, RESTORATION AND 7,700
MODERNIZATION................
Increase Restoration & [4,300]
Modernization funding.....
Restore Sustainment [3,400]
shortfalls................
SUBTOTAL OPERATING FORCES. 7,700
TOTAL OPERATION & 7,700
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
040 DEPOT MAINTENANCE............. 124,000 447,576
Air Force unfunded [323,576]
requirement--Weapons
System Sustainment........
050 FACILITIES SUSTAINMENT, 407,900
RESTORATION & MODERNIZATION..
Increase Restoration & [142,900]
Modernization funding.....
Restore Sustainment [265,000]
shortfalls................
070 GLOBAL C3I AND EARLY WARNING.. 40,000
Air Force unfunded [40,000]
requirement--Ground Based
Radars....................
SUBTOTAL OPERATING FORCES. 124,000 895,476
MOBILIZATION
160 DEPOT MAINTENANCE............. 66,424
Air Force unfunded [66,424]
requirement--Weapons
System Sustainment........
170 FACILITIES SUSTAINMENT, 63,600
RESTORATION & MODERNIZATION..
Increase Restoration & [22,300]
Modernization funding.....
Restore Sustainment [41,300]
shortfalls................
SUBTOTAL MOBILIZATION..... 130,024
TRAINING AND RECRUITING
220 FACILITIES SUSTAINMENT, 58,200
RESTORATION & MODERNIZATION..
Increase Restoration & [20,400]
Modernization funding.....
Restore Sustainment [37,800]
shortfalls................
SUBTOTAL TRAINING AND 58,200
RECRUITING................
ADMIN & SRVWD ACTIVITIES
370 FACILITIES SUSTAINMENT, 79,000
RESTORATION & MODERNIZATION..
Increase Restoration & [27,700]
Modernization funding.....
Restore Sustainment [51,300]
shortfalls................
SUBTOTAL ADMIN & SRVWD 79,000
ACTIVITIES................
TOTAL OPERATION & 124,000 1,162,700
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
040 FACILITIES SUSTAINMENT, 20,500
RESTORATION & MODERNIZATION..
Increase Restoration & [7,100]
Modernization funding.....
Restore Sustainment [13,400]
shortfalls................
SUBTOTAL OPERATING FORCES. 20,500
TOTAL OPERATION & 20,500
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
030 DEPOT MAINTENANCE............. 40,000
Air Force unfunded [40,000]
requirement--Weapons
System Sustainment........
040 FACILITIES SUSTAINMENT, 64,500
RESTORATION & MODERNIZATION..
Increase Restoration & [18,900]
Modernization funding.....
Restore Sustainment [45,600]
shortfalls................
SUBTOTAL OPERATING FORCES. 104,500
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
070 RECRUITING AND ADVERTISING.... 67,000
Air Force unfunded [67,000]
requirement...............
SUBTOTAL ADMINISTRATION 67,000
AND SERVICE-WIDE
ACTIVITIES................
TOTAL OPERATION & 171,500
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 23,700 23,700
AND SERVICEWIDE ACTIVITIES
TOTAL OPERATION & 38,044 38,044
MAINTENANCE, DEFENSE-WIDE
TOTAL OPERATION & 3,604,722 9,186,946
MAINTENANCE..............
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 House
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 128,902,332 128,482,914
Foreign Currency adjustments..... [-200,400]
Historical unobligated balances.. [-248,700]
National Guard State Partnership [841]
Program, Air Force, Special
Training.........................
National Guard State Partnership [841]
Program, Army, Special Training..
Prohibition on Per Diem Allowance [28,000]
Reduction........................
Medicare-Eligible Retiree Health Fund 6,366,908 6,366,908
Contributions........................
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 House
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations....... 3,499,293 2,199,572
Maintain end strength of 9,800 in [130,300]
Afghanistan........................
Prorated OCO allocation in support [-1,430,021]
of base readiness requirements.....
------------------------------------------------------------------------
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
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations....... 62,965 2,572,715
Fund active Air Force end strength [145,000]
to 321k............................
Fund active Army end strength to [1,123,500]
480k...............................
Fund active Marine Corps end [300,000]
strengthto 185k....................
Fund active Navy end strength...... [65,300]
Fund Army National Guard end [303,700]
strength to 350k...................
Fund Army Reserves end strength to [166,650]
205k...............................
Marine Corps--Bonus Pay/PCS [75,600]
Resotral/Foreign Language Bonus....
Military Personnel Pay Raise....... [330,000]
Medicare-Eligible Retiree Health Fund 49,900
Contributions..........................
Increase associated with additional [49,900]
end strength.......................
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 House
Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS
SUPPLY MANAGEMENT--ARMY................. 56,469 56,469
TOTAL WORKING CAPITAL FUND, ARMY..... 56,469 56,469
WORKING CAPITAL FUND, AIR FORCE
FUEL COSTS
SUPPLIES AND MATERIALS.................. 63,967 63,967
TOTAL WORKING CAPITAL FUND, AIR FORCE 63,967 63,967
WORKING CAPITAL FUND, DEFENSE-WIDE
ENERGY MANAGEMENT--DEF
SUPPLY CHAIN MANAGEMENT--DEF............ 37,132 37,132
TOTAL WORKING CAPITAL FUND, DEFENSE- 37,132 37,132
WIDE.................................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND, DECA.............. 1,214,045 1,214,045
TOTAL WORKING CAPITAL FUND, DECA..... 1,214,045 1,214,045
NATIONAL DEFENSE SEALIFT FUND
POST DELIVERY AND OUTFITTING
NATIONAL DEF SEALIFT VESSEL............. 85,000
National Security Multi-Mission [85,000]
Vehicle............................
TOTAL NATIONAL DEFENSE SEALIFT FUND.. 85,000
NATIONAL SEA-BASED DETERRENCE FUND
DEVELOPMENT............................. 773,138
Realignment of funds to the [773,138]
National Sea-Based Deterrence Fund.
TOTAL NATIONAL SEA-BASED DETERRENCE 773,138
FUND.................................
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 730,087 760,087
ACTIVITIES, DEFENSE....................
SOUTHCOM Operational Support....... [30,000]
DRUG DEMAND REDUCTION PROGRAM........... 114,713 114,713
TOTAL DRUG INTERDICTION & CTR-DRUG 844,800 874,800
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 GENERAL 322,035 322,035
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
IN-HOUSE CARE........................... 9,240,160 9,240,160
PRIVATE SECTOR CARE..................... 15,738,759 15,738,759
CONSOLIDATED HEALTH SUPPORT............. 2,367,759 2,367,759
INFORMATION MANAGEMENT.................. 1,743,749 1,743,749
MANAGEMENT ACTIVITIES................... 311,380 311,380
EDUCATION AND TRAINING.................. 743,231 743,231
BASE OPERATIONS/COMMUNICATIONS.......... 2,086,352 2,086,352
SUBTOTAL OPERATION & MAINTENANCE..... 32,231,390 32,231,390
RDT&E
RESEARCH................................ 9,097 9,097
EXPLORATRY DEVELOPMENT.................. 58,517 58,517
ADVANCED DEVELOPMENT.................... 221,226 221,226
DEMONSTRATION/VALIDATION................ 96,602 96,602
ENGINEERING DEVELOPMENT................. 364,057 364,057
MANAGEMENT AND SUPPORT.................. 58,410 58,410
CAPABILITIES ENHANCEMENT................ 14,998 14,998
SUBTOTAL RDT&E....................... 822,907 822,907
PROCUREMENT
INITIAL OUTFITTING...................... 20,611 20,611
REPLACEMENT & MODERNIZATION............. 360,727 360,727
JOINT OPERATIONAL MEDICINE INFORMATION 2,413 2,413
SYSTEM.................................
DOD HEALTHCARE MANAGEMENT SYSTEM 29,468 29,468
MODERNIZATION..........................
SUBTOTAL PROCUREMENT................. 413,219 413,219
UNDISTRIBUTED........................... -419,500
Foreign Currency adjustments....... [-20,400]
Historical unobligated balances.... [-399,100]
SUBTOTAL UNDISTRIBUTED............... -419,500
TOTAL DEFENSE HEALTH PROGRAM......... 33,467,516 33,048,016
TOTAL OTHER AUTHORIZATIONS........... 36,556,987 37,025,625
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 House
Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS
SUPPLY MANAGEMENT--ARMY..................... 46,833 46,833
UNDISTRIBUTED............................... -18,452
Reduction to sustain minimal readiness [-18,452]
levels.................................
TOTAL WORKING CAPITAL FUND, ARMY......... 46,833 28,381
WORKING CAPITAL FUND, DEFENSE-WIDE
SUPPLY CHAIN MANAGEMENT--DEF
DEFENSE LOGISTICS AGENCY (DLA).............. 93,800 93,800
UNDISTRIBUTED............................... -36,956
Prorated OCO allocation in support of [-36,956]
base readiness requirements............
TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE. 93,800 56,844
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 GENERAL.... 22,062 22,062
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
IN-HOUSE CARE............................... 95,366 95,366
PRIVATE SECTOR CARE......................... 233,073 233,073
CONSOLIDATED HEALTH SUPPORT................. 3,325 3,325
SUBTOTAL OPERATION & MAINTENANCE......... 331,764 331,764
UNDISTRIBUTED
UNDISTRIBUTED............................... -130,711
Prorated OCO allocation in support of [-130,711]
base readiness requirements............
SUBTOTAL UNDISTRIBUTED................... -130,711
TOTAL DEFENSE HEALTH PROGRAM............. 331,764 201,053
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE................. 150,000
Program increase....................... [150,000]
TOTAL UKRAINE SECURITY ASSISTANCE........ 150,000
COUNTERTERRORISM PARTNERSHIPS FUND
COUNTERTERRORISM PARTNERSHIPS FUND.......... 1,000,000 750,000
Program decrease....................... [-250,000]
TOTAL COUNTERTERRORISM PARTNERSHIPS FUND. 1,000,000 750,000
TOTAL OTHER AUTHORIZATIONS............... 1,685,992 1,399,873
------------------------------------------------------------------------
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
Item 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 House
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
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.
Georgia
Army Fort Gordon Access Control Point...... 0 29,000
Army Fort Gordon Company Operations 0 10,600
Facility.
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.
Guantanamo Bay, Cuba
Army Guantanamo Bay Guantanamo Bay Naval 33,000 33,000
Station Migration Complex.
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 25,000
Locations
Army Unspecified Worldwide Planning and Design FY17.. 80,159 80,159
Locations
........................
Military Construction, Army Total 503,459 572,959
......................
Arizona
Navy Yuma VMX-22 Maintenance Hangar. 48,355 48,355
California
Navy Coronado Coastal Campus Entry 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 0 40,000
Apron.
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 Advanced Wastewater 0 66,000
Treatment Plant.
Navy Pensacola A-School Dormitory........ 0 53,000
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 13,523 13,523
Facility.
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 83,490 83,490
Hangar.
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 1,394,679
......................
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 0
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 39,000 39,000
Hangar.
Florida
AF Eglin AFB Advanced Munitions 75,000 75,000
Technology Complex.
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 31,158 31,158
Hangar.
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 0 50,000
Communications 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
(CRH) 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 0
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 10,100 10,100
Maintenance 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......... 143,582 163,582
Locations
AF Various Worldwide Unspecified Minor Military 30,000 63,082
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 1,502,723
......................
Alaska
Def-Wide Clear AFS Long Range Discrim Radar 155,000 100,000
Sys Complex Ph1, Incr 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 44,305 44,305
ONE Ops Facility.
Def-Wide Travis AFB Replace Hydrant Fuel 26,500 26,500
System.
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 17,000 17,000
3.
Def-Wide Fort Meade NSAW Recapitalize Building 195,000 145,000
#2 Incr 2.
Missouri
Def-Wide St. Louis Land Acquisition-Next NGA 801 0
West (N2W) 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 (PH3).
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 Contingency Construction.. 10,000 10,000
Locations
Def-Wide Unspecified Worldwide ECIP Design............... 10,000 0
Locations
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 8,500 8,500
Locations Construction, DHA.
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction, DODEA.
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction, Defense
Wide.
Def-Wide Unspecified Worldwide Unspecified Minor 5,994 5,994
Locations Construction, SOCOM.
Def-Wide Unspecified Worldwide Unspecified Minor MILCON, 3,913 3,913
Locations NSA.
Def-Wide Unspecified Worldwide Worldwide Unspecified 2,414 2,414
Locations Minor Construction, MDA.
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 1,929,643
......................
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 Camp Parks Transient Training 19,000 19,000
Barracks.
Army Res Fort Hunter Liggett Emergency Services Center. 21,500 21,500
Army Res Barstow Equipment Concentration 0 29,000
Site.
Virginia
Army Res Dublin Organizational Maintenance 6,000 6,000
Shop/AMSA.
Washington
Army Res Joint Base Lewis- Army Reserve Center....... 0 27,500
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 68,230 154,730
......................
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 13,229 13,229
Center.
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 Cnrtl 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/ 29,600 29,600
Fuel 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 29,495
Locations Construction.
Air NG Various Worldwide Planning and Design....... 10,462 10,462
Locations
........................
Military Construction, Air National Guard Total 143,957 166,957
......................
Guam
AF Res Andersen AFB Reserve Medical Training 0 5,200
Facility.
Massachusetts
AF Res Westover ARB Indoor Small Arms Range... 0 9,200
North Carolina
AF Res Seymour Johnson AFB KC-46A ADAL Bldg for AGE/ 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 3,050
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 188,950 206,400
......................
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 Privitization 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 78,815 78,815
PH 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............... 399 399
Locations
FH Ops DW Unspecified Worldwide Furnishings............... 20 20
Locations
FH Ops DW Unspecified Worldwide Furnishings............... 500 500
Locations
FH Ops DW Unspecified Worldwide Leasing................... 11,044 11,044
Locations
FH Ops DW Unspecified Worldwide Leasing................... 40,984 40,984
Locations
FH Ops DW Unspecified Worldwide Maintenance............... 800 800
Locations
FH Ops DW Unspecified Worldwide Maintenance............... 349 349
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................. 174 174
Locations
FH Ops DW Unspecified Worldwide Utilities................. 367 367
Locations
FH Ops DW Unspecified Worldwide Utilities................. 4,100 4,100
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 110,606 125,606
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 134,373 149,373
......................
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 Worldwide Air Force................. 0 -29,300
PYS Worldwide Army...................... 0 -25,000
PYS Worldwide Defense-Wide.............. 0 -60,577
PYS Worldwide Navy...................... 0 -87,699
PYS Worldwide HAP....................... 0 -25,000
PYS Worldwide NSIP...................... 0 -30,000
........................
Prior Year Savings Total 0 -257,576
......................
Total, Military Construction 7,444,056 7,694,000
----------------------------------------------------------------------------------------------------------------
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 House
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
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)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2017 House
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Djibouti
Navy Camp Lemonier OCO: Medical/Dental Facility 37,409 37,409
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design......... 1,000 1,000
Locations
.........................
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.
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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
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FY 2017 House
Program Request Authorized
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Discretionary Summary By Appropriation
Energy And Water Development, And Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy........................ 151,876 136,616
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities.................. 9,243,147 9,559,147
Defense nuclear nonproliferation.... 1,807,916 1,901,916
Naval reactors...................... 1,420,120 1,420,120
Federal salaries and expenses....... 412,817 372,817
Total, National nuclear security 12,884,000 13,254,000
administration...........................
Environmental and other defense
activities:
Defense environmental cleanup....... 5,382,050 5,289,950
Other defense activities............ 791,552 800,552
Total, Environmental & other defense 6,173,602 6,090,502
activities...............................
Total, Atomic Energy Defense Activities... 19,057,602 19,344,502
Total, Discretionary Funding.............. 19,209,478 19,481,118
Nuclear Energy
Idaho sitewide safeguards and security.... 129,303 129,303
Idaho operations and maintenance.......... 7,313 7,313
Consent Based Siting...................... 15,260 0
Denial of funds for defense-only [-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.......... 220,253 241,253
Mitigation of schedule risk......... [21,000]
Total, Life extension programs............ 1,340,341 1,361,341
Stockpile systems
B61 Stockpile systems................. 57,313 57,313
W76 Stockpile systems................. 38,604 38,604
W78 Stockpile systems................. 56,413 56,413
W80 Stockpile systems................. 64,631 64,631
B83 Stockpile systems................. 41,659 41,659
W87 Stockpile systems................. 81,982 81,982
W88 Stockpile systems................. 103,074 103,074
Total, Stockpile systems.................. 443,676 443,676
Weapons dismantlement and disposition
Operations and maintenance............ 68,984 54,984
Denial of dismantlement acceleration [-14,000]
Stockpile services
Production support.................... 457,043 457,043
Research and development support...... 34,187 34,187
R&D certification and safety.......... 156,481 202,481
Stockpile Responsiveness Program and [46,000]
technology maturation efforts......
Management, technology, and production 251,978 251,978
Total, Stockpile services................. 899,689 945,689
Nuclear material commodities
Uranium sustainment................... 20,988 20,988
Plutonium sustainment................. 184,970 190,970
Mitigation of schedule risk for [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....... 577,837 583,837
Total, Directed stockpile work............ 3,330,527 3,389,527
Research, development, test and evaluation
(RDT&E)
Science
Advanced certification................ 58,000 58,000
Primary assessment technologies....... 99,000 111,000
Support to Prototype Nuclear Weapons [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............................ 441,984 453,984
Engineering
Enhanced surety....................... 37,196 53,196
Stockpile Responsiveness Program and [16,000]
technology maturation efforts......
Weapon systems engineering assessment 16,958 16,958
technology...........................
Nuclear survivability................. 43,105 47,105
Improve planning and coordination on [4,000]
strategic radiation-hardened
microsystems.......................
Enhanced surveillance................. 42,228 42,228
Total, Engineering ....................... 139,487 159,487
Inertial confinement fusion ignition and
high yield
Ignition.............................. 75,432 70,432
Program decrease.................... [-5,000]
Support of other stockpile programs... 23,363 23,363
Diagnostics, cryogenics and 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 340,360 336,360
production...........................
Program decrease.................... [-4,000]
Total, Inertial confinement fusion and 522,959 513,959
high yield...............................
Advanced simulation and computing....... 663,184 656,184
Program decrease...................... [-7,000]
Advanced manufacturing
Additive manufacturing................ 12,000 12,000
Component manufacturing development... 46,583 77,583
Stockpile Responsiveness Program and [31,000]
technology maturation efforts......
Processing technology development..... 28,522 28,522
Total, Advanced manufacturing............. 87,105 118,105
Total, RDT&E.............................. 1,854,719 1,901,719
Infrastructure and operations (formerly
RTBF)
Operating
Operations of facilities
Kansas City Plant................... 101,000 101,000
Lawrence Livermore National 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............. 554,643 674,643
Address high-priority deferred [120,000]
maintenance........................
Capability based investment........... 112,639 112,639
Total, Recapitalization................... 667,282 787,282
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, 2,000 2,000
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 2,871,952
Secure transportation asset
Operations and equipment................ 179,132 179,132
Program direction....................... 103,600 103,600
Total, Secure transportation asset........ 282,732 282,732
Defense nuclear security
Operations and maintenance.............. 657,133 717,133
Support to physical security [60,000]
infrastructure recapitalization and
CSTART...............................
Construction:
14-D-710 Device assembly facility 13,000 13,000
argus installation project, NV.......
Total, Defense nuclear security........... 670,133 730,133
Information technology and cybersecurity.. 176,592 176,592
Legacy contractor pensions................ 248,492 248,492
Rescission of prior year balances......... -42,000 -42,000
Total, Weapons Activities................. 9,243,147 9,559,147
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Defense Nuclear Nonproliferation R&D
Global material security.............. 337,108 332,108
Program decrease.................... [-5,000]
Material management and minimization.. 341,094 341,094
Nonproliferation and arms control..... 124,703 124,703
Defense Nuclear Nonproliferation R&D.. 393,922 417,922
Acceleration of low-yield detection [4,000]
experiments........................
Nuclear detection technology and new [20,000]
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 Nonproliferation 1,466,827 1,560,827
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 1,901,916
Naval Reactors
Naval reactors operations and 449,682 449,682
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 700 700
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 1,420,120
Federal Salaries And Expenses
Program direction......................... 412,817 372,817
Program decrease........................ [-40,000]
Total, Office Of The Administrator........ 412,817 372,817
Defense Environmental Cleanup
Closure sites:
Closure sites administration............ 9,389 9,389
Hanford site:
River corridor and other cleanup 69,755 114,755
operations.............................
Acceleration of priority programs..... [45,000]
Central plateau remediation............. 620,869 628,869
Acceleration of priority programs..... [8,000]
Richland community and regulatory 14,701 14,701
support................................
Construction:
15-D-401 Containerized sludge removal 11,486 11,486
annex, RL............................
Total, Hanford site....................... 716,811 769,811
Idaho National Laboratory:
Idaho cleanup and waste disposition..... 359,088 359,088
Idaho community and regulatory support.. 3,000 3,000
Total, Idaho National Laboratory.......... 362,088 362,088
Los Alamos National Laboratory
EMLA cleanup activities................. 185,606 185,606
EMLA community and regulatory support... 3,394 3,394
Total, Los Alamos National Laboratory..... 189,000 189,000
NNSA sites
Lawrence Livermore National Laboratory.. 1,396 1,396
Separations Process Research Unit....... 3,685 3,685
Nevada.................................. 62,176 62,176
Sandia National Laboratories............ 4,130 4,130
Total, NNSA sites and Nevada off-sites.... 71,387 71,387
Oak Ridge Reservation:
OR Nuclear facility D & D
OR Nuclear facility D & D............. 93,851 93,851
Construction:
14-D-403 Outfall 200 Mercury 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 regulatory 4,400 4,400
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 immobilization 766,000 766,000
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 #7 9,729 9,729
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.............. 257,188 257,188
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........ 262,253 262,253
Program direction......................... 290,050 290,050
Program support........................... 14,979 14,979
Safeguards and Security................... 255,973 255,973
Technology development.................... 30,000 40,000
NAS study on technology development, [10,000]
acceleration of priority efforts.......
Infrastructure recapitalization........... 41,892 41,892
Defense Uranium enrichment D&D............ 155,100 0
Ahead of need........................... [-155,100]
Subtotal, Defense environmental cleanup... 5,382,050 5,289,950
Total, Defense Environmental Cleanup...... 5,382,050 5,289,950
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security 130,693 130,693
Program direction....................... 66,519 66,519
Total, Environment, Health, safety and 197,212 197,212
security.................................
Independent enterprise assessments
Independent enterprise assessments...... 24,580 24,580
Program direction....................... 51,893 51,893
Total, Independent enterprise assessments. 76,473 76,473
Specialized security activities........... 237,912 246,912
IT infrastructure and red teaming....... [9,000]
Office of Legacy Management
Legacy management....................... 140,306 140,306
Program direction....................... 14,014 14,014
Total, Office of Legacy Management........ 154,320 154,320
Defense-related activities
Defense related administrative support
Chief financial officer................. 23,642 23,642
Chief information officer............... 93,074 93,074
Project management oversight and 3,000 3,000
assessments............................
Total, Defense related administrative 119,716 119,716
support..................................
Office of hearings and appeals............ 5,919 5,919
Subtotal, Other defense activities........ 791,552 800,552
Total, Other Defense Activities........... 791,552 800,552
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DIVISION E--MILITARY JUSTICE
SEC. 6000. SHORT TITLE.
This division may be cited as the ``Military Justice Act of 2016''.
TITLE LX--GENERAL PROVISIONS
SEC. 6001. DEFINITIONS.
(a) Definition of 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) of this title (article
26(a)).''.
(b) Definition of 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. 6002. 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. 6003. 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. 6004. 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. 6005. 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) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) 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 Victim's 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 LXI--APPREHENSION AND RESTRAINT
SEC. 6101. 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 person 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. 6102. MODIFICATION OF PROHIBITION OF CONFINEMENT OF ARMED FORCES
MEMBERS 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 armed forces members
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 LXII--NON-JUDICIAL PUNISHMENT
SEC. 6201. 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 LXIII--COURT-MARTIAL JURISDICTION
SEC. 6301. 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. 6302. 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:
``(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. 6303. 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. 6304. 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 LXIV--COMPOSITION OF COURTS-MARTIAL
SEC. 6401. 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. 6402. WHO MAY SERVE ON COURTS-MARTIAL; DETAIL OF MEMBERS.
(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, are 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) Detail of Members.--Subsection (d) of such section (article) 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. 6403. 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. 6404. DETAILING, QUALIFICATIONS, ETC. OF MILITARY JUDGES.
(a) 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 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. 6405. 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 the
following: ``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. 6406. ASSEMBLY AND IMPANELING OF MEMBERS; DETAIL OF NEW MEMBERS
AND MILITARY JUDGES.
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.''.
SEC. 6407. 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 of this title (article 19), a military magistrate may be
assigned to perform other duties of a nonjudicial nature.''.
TITLE LXV--PRE-TRIAL PROCEDURE
SEC. 6501. 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 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. 6502. 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 issues for determination at a preliminary hearing are
limited to 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) in exceptional circumstances, shall be an impartial
hearing officer, who 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
the following: ``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.''.
SEC. 6503. 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. 6504. 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) Definition.--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. 6505. 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 LXVI--TRIAL PROCEDURE
SEC. 6601. DUTIES OF ASSISTANT DEFENSE COUNSEL.
Subsection (e) of section 838 of title 10, United States Code
(article 38 of the Uniform Code of Military Justice), is amended by
striking ``, under the direction'' and all that follows through
``(article 27),''.
SEC. 6602. 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) by redesignating paragraph (4) as paragraph
(5); and
(B) by striking paragraph (3) and inserting the
following new paragraphs:
``(3) holding the arraignment and receiving the pleas of
the accused;
``(4) conducting a sentencing proceeding and sentencing the
accused; 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. 6603. 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. 6604. 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. 6605. 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), 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.--Such section (article) is further
amended in subsection (b)(2)(B) by striking clauses (i) through (v) and
inserting the following:
``(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) 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. 6606. 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. 6607. 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.''.
SEC. 6608. 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).''.
(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)); and
``(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).''.
(c) Section Heading.--The heading for such section (article) is
amended to read as follows:
``Sec. 848. Art. 48. Contempt''.
SEC. 6609. 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. 6610. 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 for such section (article) is
amended to read as follows:
``Sec. 850. Art. 50. Admissibility of sworn testimony from records of
courts of inquiry''.
SEC. 6611. 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. 6612. 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) by striking ``and, except for questions of
challenge, the president of a court-martial without a
military judge'' in the first sentence; and
(B) by striking ``, or by the president'' in the
second sentence 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. 6613. 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. 6614. 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) the following:
``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) Acceptance of Plea Agreement.--Subject to subsection (c), the
military judge of a general or special court-martial shall accept a
plea agreement submitted by the parties, except that the military judge
may reject a plea agreement that proposes a sentence if the military
judge determines that the proposed sentence is plainly unreasonable.
``(c) 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 (d), 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)).
``(d) 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.
``(e) 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. 6615. 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:
``(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 COURT-
MARTIAL.--Each summary court-martial''; and
(B) by striking ``authenticated'' and inserting
``certified'';
(3) by striking subsection (c) and inserting the following:
``(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)
EVIDENCE.--A copy''; and
(B) by striking ``authenticated'' and inserting
``certified''; and
(5) in subsection (e)--
(A) 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
(B) by striking ``authenticated'' in the second
sentence and inserting ``certified''.
TITLE LXVII--SENTENCES
SEC. 6701. 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) Offense based sentencing in general and special
courts-martial.--In announcing the sentence under section 853
of this title (article 53) in a general or special court-
martial, the court-martial 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 court-martial shall specify whether the terms of
confinement are to run consecutively or concurrently.
``(3) 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. 6701A. MINIMUM CONFINEMENT PERIOD REQUIRED FOR CONVICTION OF
CERTAIN SEX-RELATED OFFENSES COMMITTED BY MEMBERS OF THE
ARMED FORCES.
(a) Mandatory Punishments.--Subsection (b)(1) of section 856 of
title 10, United States Code (article 56 of the Uniform Code of
Military Justice), as amended by section 6701, is further amended by
striking ``shall include dismissal or dishonorable discharge, as
applicable.'' and inserting the following: ``shall include, at a
minimum--
``(A) dismissal or dishonorable discharge, as applicable;
and
``(B) confinement for two years.''.
(b) Application of Amendment.--Subparagraph (B) of paragraph (1) of
section 856(b) of title 10, United States Code (article 56(b) of the
Uniform Code of Military Justice), as added by subsection (a), shall
apply to offenses specified in paragraph (2) of such section committed
on or after the date that is 180 days after the date of the enactment
of this Act.
SEC. 6702. 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) On application by an accused, the
convening authority or, if the accused is no longer under his
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) 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) 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) In this subsection, the term `State' includes the District of
Columbia and any Commonwealth, territory, or possession of the United
States.
``(5) 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) 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) 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. 6703. 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 LXVIII--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
SEC. 6801. 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. 6802. 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 6801, 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. 6803. 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 amended by section 6802, 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
subsection (a)(2) of section 860a of this title (article 60a), 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 subsection (d)(2) of
section 860a of this title (article 60a). 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 subsection (e) of section 860a of this
title (article 60a).
``(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. 6804. 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 903, 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. 6805. 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 (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. 6806. 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, 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 article shall be liberally construed
to effect its purposes.''.
SEC. 6807. 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.''.
SEC. 6808. 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 for 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 is amended--
(A) by striking ``(b) The record'' and inserting
``Record.--The record'';
(B) by inserting ``or'' at the end of paragraph (1);
(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. 6809. 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) 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) 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) 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 appellate review by
a court of criminal appeals.--
``(A) A review under subparagraph (B) shall be
completed in each general and special court-martial
that is not eligible for appellate review under
paragraph (1) or (2) of section 866(b) of this title
(article 66(b)).
``(B) 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 appellate review by a court of criminal
appeals is waived or withdrawn.--
``(A) A review under subparagraph (B) shall be
completed in each general and special court-martial if
the accused waives the right to appellate review or
withdraws appeal under section 861 of this title
(article 61).
``(B) 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).
``(c) Remedy.--(1) If after a review of a record under subsection
(b), 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) 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)(A) 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) 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. 6810. COURTS OF CRIMINAL APPEALS.
(a) Appellate Military Judges.--Subsection (a) of section 866 of
chapter 47 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 (g)'';
(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 (f), (g), (h), and (i), respectively; and
(2) by striking subsections (b), (c), and (d) and inserting
the following new subsections:
``(b) Review.--(1) The Judge Advocate General shall refer to a
Court of Criminal Appeals the record in any of the following cases of
trial by court-martial:
``(A) A case 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 or bad-conduct discharge, or
confinement for more than six months.
``(B) A case in which the Government previously filed an
appeal under sections 856(d) or 862 of this title (articles
56(d) or 62).
``(C) A case in which the right to appellate review has not
been waived or an appeal has not been withdrawn under section
861 of this title (article 61), except in the case of a
sentence extending to death.
``(2) A Court of Criminal Appeals shall have jurisdiction to review
the judgment of a court-martial, entered into the record under section
860c of this title (article 60c), 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.
``(c) Duties.--(1) In a case referred to it, the Court of Criminal
Appeals may act only with respect to the findings and sentence as
entered into the record under section 860c of this title (article 60c).
It may affirm only such findings of guilty, and the sentence or such
part or amount of the sentence, as it finds correct in law and fact and
determines, on the basis of the entire record, should be approved. In
considering the record, it 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) In any case before the Court of Criminal Appeals under
paragraph (1) or (2) of 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).
``(3) In review of a sentence to death or to life in prison without
eligibility for parole determined by the members in a capital case
under section 853 of this title (article 53), the Court of Criminal
Appeals must consider whether the sentence is otherwise appropriate,
under rules prescribed by the President.
``(4) If the Court of Criminal Appeals sets aside the findings and
sentence, it may, except where the setting aside is based on lack of
sufficient evidence in the record to support the findings, order a
rehearing. If it sets aside the findings and sentence and does not
order a rehearing, it shall order that the charges be dismissed.
``(d) Consideration of Appeal of Sentence by the United States.--
(1) In considering a sentence on appeal, other than 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) In an appeal under section 856(d) of this title (article
56(d)), the record on appeal 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.
``(e) Limits of Authority.--(1)(A) 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) 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.
``(C) 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.
``(2) 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) 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 (f) of such section (article), as redesignated by subsection
(b)(1), is amended--
(1) in the first sentence, by striking ``convening
authority'' and inserting ``appropriate authority''; and
(2) by striking the last sentence.
(d) Eligibility to Review the Record.--Subsection (i) of such
section (article), as redesignated by subsection (b)(1), is amended by
striking ``an investigating officer'' and inserting ``an investigating
or a preliminary hearing officer''.
(e) Section Heading.--The heading for such section (article) is
amended to read as follows:
``Sec. 866. Art. 66. Courts of Criminal Appeals''.
SEC. 6811. 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 to 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 the
following:
``(1) ``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. 6812. SUPREME COURT REVIEW.
The second sentence of subsection (a) of section 867a of title 10,
United States Code (article 67a of the Uniform Code of Military
Justice), is amended by inserting before ``Court of Appeals'' the
following: ``United States''.
SEC. 6813. 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
section 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) 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. 6814. 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. 6815. 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. 6816. 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. 6817. 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. 6818. 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 LXIX--PUNITIVE ARTICLES
SEC. 6901. 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.--Section 924 (article 124) is transferred so
as to appear after section 928 (article 128) and is
redesignated as section 928a (article 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. 6902. 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) Definition.--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. 6903. 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 899 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. 6904. 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 6903, 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. 6905. 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 6904, 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. 6906. 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. 6907. 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
6901(2), 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. 6908. 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. 6909. 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. 6910. 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. 6911. 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 6901(8), 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. 6912. 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 6911, 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. 6913. 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. 6914. 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 6901(7), 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. 6915. 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 6901(5), 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. 6916. 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
6901(12), 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. 6917. 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 6916, 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. 6918. 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 6917, 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. 6919. 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. 6920. 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 6919, 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. 6921. 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. 6922. 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. 6923. 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 6922, 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. 6924. 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. 6925. 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 6901(9), 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. 6926. 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. 6927. 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. 6928. 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. 6929. 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. 6930. 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. 6931. 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, 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) Definition.--In this section (article), the term `access
device' has the meaning given that term in section 1029 of title 18.''.
SEC. 6932. 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 6931, 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. 6933. 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. 6934. 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 6933, 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. 6935. 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 6934, 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 such 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. 6936. 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
6901(14), 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. 6937. 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 6936, 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. 6938. 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. 6939. 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. 6940. 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. 6941. 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 6901(10), 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. 6942. STALKING.
Section 930 of title 10, United States Code (article 130 of the
Uniform Code of Military Justice), as transferred and redesignated by
section 6901(11), 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. 6943. 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. 6944. 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 6943, 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. 6945. 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 6944, 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. 6946. 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 6945, 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, 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. 6947. 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 6946, 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. 6948. 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
6901(3), 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. 6949. 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 6948, the following new
section (article):
``Sec. 932. Art. 132. Retaliation
``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 with the intent to discourage any person from
reporting a criminal offense--
``(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.''.
SEC. 6950. 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. 6951. TABLE OF SECTIONS.
The table of sections at the beginning of subchapter X of chapter
47 of title 10, United States Code, is amended to read as follows:
``Sec. Art.
``877. 77. Principals.
``878. 78. Accessory after the fact.
``879. 79. Conviction of offense charged, lesser included offenses, and
attempts.
``880. 80. Attempts.
``881. 81. Conspiracy.
``882. 82. Soliciting commission of offenses.
``883. 83. Malingering.
``884. 84. Breach of medical quarantine.
``885. 85. Desertion.
``886. 86. Absence without leave.
``887. 87. Missing movement; jumping from vessel.
``887a. 87a. Resistance, flight, breach of arrest, and escape.
``887b. 87b. Offenses against correctional custody and restriction.
``888. 88. Contempt toward officials.
``889. 89. Disrespect toward superior commissioned officer; assault of
superior commissioned officer.
``890. 90. Willfully disobeying superior commissioned officer.
``891. 91. Insubordinate conduct toward warrant officer,
noncommissioned officer, or petty officer.
``892. 92. Failure to obey order or regulation.
``893. 93. Cruelty and maltreatment.
``893a. 93a. Prohibited activities with military recruit or trainee by
person in position of special trust.
``894. 94. Mutiny or sedition.
``895. 95. Offenses by sentinel or lookout.
``895a. 95a. Disrespect toward sentinel or lookout.
``896. 96. Release of prisoner without authority; drinking with
prisoner.
``897. 97. Unlawful detention.
``898. 98. Misconduct as prisoner.
``899. 99. Misbehavior before the enemy.
``900. 100. Subordinate compelling surrender.
``901. 101. Improper use of countersign.
``902. 102. Forcing a safeguard.
``903. 103. Spies.
``903a. 103a. Espionage.
``903b. 103b. Aiding the enemy.
``904. 104. Public records offenses.
``904a. 104a. Fraudulent enlistment, appointment, or separation.
``904b. 104b. Unlawful enlistment, appointment, or separation.
``905. 105. Forgery.
``905a. 105a. False or unauthorized pass offenses.
``906. 106. Impersonation of officer, noncommissioned or petty officer,
or agent of official.
``906a. 106a. Wearing unauthorized insignia, decoration, badge, ribbon,
device, or lapel button.
``907. 107. False official statements; false swearing.
``907a. 107a. Parole violation.
``908. 108. Military property of United States--Loss, damage,
destruction, or wrongful, disposition.
``908a. 108a. Captured or abandoned property.
``909. 109. Property other than military property of United States--
Waste, spoilage, or destruction.
``909a 109a. Mail matter: wrongful taking, opening, etc.
``910. 110. Improper hazarding of vessel or aircraft.
``911. 111. Leaving scene of vehicle accident.
``912. 112. Drunkenness and other incapacitation offenses.
``912a. 112a. Wrongful use, possession, etc., of controlled substances.
``913. 113. Drunken or reckless operation of vehicle, aircraft, or
vessel.
``914. 114. Endangerment offenses.
``915. 115. Communicating threats.
``916. 116. Riot or breach or peace.
``917. 117. Provoking speeches or gestures.
``918. 118. Murder.
``919. 119. Manslaughter.
``919a. 119a. Death or injury of an unborn child.
``919b. 119b. Child endangerment.
``920. 120. Rape and sexual assault generally.
``920a. 120a. Mails: deposit of obscene matter.
``920b. 120b. Rape and sexual assault of a child.
``920c. 120c. Other sexual misconduct.
``921. 121. Larceny and wrong appropriation.
``921a. 121a. Fraudulent use of credit cards, debit cards, and other
access devices.
``921b. 121b. False pretenses to obtain services.
``922. 122. Robbery.
``922a. 122a. Receiving stolen property.
``923. 213. Offenses concerning Government computers.
``923a. 123a. Making, drawing, or uttering check, draft, or order
without sufficient funds.
``924. 124. Frauds against the United States.
``924a. 124. Bribery.
``924b. 124b. Graft.
``925. 125. Kidnapping.
``926. 126. Arson; burning property with intent to defraud.
``927. 127. Extortion.
``928. 128. Assault.
``928a. 128a. Maiming.
``929. 129. Burglary; unlawful entry.
``930. 130 Stalking.
``931. 131. Perjury.
``931a. 131a. Subornation of perjury.
``931b. 131b. Obstruction justice.
``931c. 131c. Misprision of serious offense.
``931d. 131d. Wrongful refusal to testify.
``931e. 131e. Prevention of authorized seizure of property.
``931f. 131f. Noncompliance with procedural rules.
``931g. 131g. Wrongful interference with adverse administrative
proceeding.
``932. 132. Retaliation.
``933. 133. Conduct unbecoming an officer and a gentleman.
``934. 134. General article.''.
TITLE LXX--MISCELLANEOUS PROVISIONS
SEC. 7001. TECHNICAL AMENDMENT 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. 7002. 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. 7003. 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 inserting 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 combatant command, who have such
authority, shall receive additional specialized training regarding the
purposes and administration of this chapter.
``(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. 7004. 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) 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) 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.
SEC. 7005. RETURN OF CERTAIN LANDS AT FORT WINGATE TO THE ORIGINAL
INHABITANTS ACT.
(a) Short Title.--This section may be cited as the ``Return of
Certain Lands At Fort Wingate to The Original Inhabitants Act''.
(b) 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 (c), 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 (c), 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 (d), 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.
(c) 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 (b) 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, in perpetuity and
without the right of revocation (except as provided in
subparagraph (B)).
(B) Termination.--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.--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 (b) 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 (b) 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 (b), 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 (b) 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.
(d) 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.
(e) 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.).
TITLE LXXI--MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS
SEC. 7101. 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) The Panel shall be composed of thirteen
members.
``(2) Each of the following shall select 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) The Secretary of Defense shall select 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) 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.
``(3) 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.
``(4) 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 a report on the
results, including the Panel's findings and recommendations,
through the Secretary of Defense to the Committees on Armed
Services of the Senate and the House of Representatives.
``(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) No Termination.--The authority of the Panel under this
section does not terminate.''.
SEC. 7102. 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 of 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 pending cases and such
other matters as the Court considers appropriate regarding the
operation of this chapter.
``(b) Service Reports.--Not later than December 31 of 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 involved 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 LXXII--CONFORMING AMENDMENTS AND EFFECTIVE DATES
SEC. 7201. 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) The table of sections at the beginning of subchapter II
is amended by striking the item relating to section 810 and
inserting the following new item:
``810. 10. Restraint of persons charged.''.
(2) The table of sections at the beginning of subchapter
II, as amended by paragraph (1), is amended by striking the
item relating to section 812 and inserting the following new
item:
``812. 12. Prohibition of confinement of armed forces members with
enemy prisoners and certain others.''.
(3) The table of sections at the beginning of subchapter V
is amended by striking the item relating to section 825a and
inserting the following new item:
``825. 25a. Number of court-martial members in capital cases.''.
(4) The table of sections at the beginning of subchapter V,
as amended by paragraph (3), is amended by inserting after the
item relating to section 826 the following new item:
``826a. 26a. Military magistrates.''.
(5) The table of sections at the beginning of subchapter V,
as amended by paragraphs (3) and (4), is amended by striking
the item relating to section 829 and inserting the following
new item:
``829. 29. Assembly and impaneling of members; detail of new members
and military judges.''.
(6) The table of sections at the beginning of subchapter VI
is amended by inserting after the item relating to section 830
the following new item:
``830. 30a. Proceedings conducted before referral.''.
(7) The table of sections at the beginning of subchapter
VI, as amended by paragraph (6), is amended by striking the
item relating to section 832 and inserting the following new
item:
``832. 32. Preliminary hearing required before referral to general
court-martial.''.
(8) The table of sections at the beginning of subchapter
VI, as amended by paragraphs (6) and (7), is amended by
striking the item relating to section 833 and inserting the
following new item:
``833. 33. Disposition guidance.''.
(9) The table of sections at the beginning of subchapter
VI, as amended by paragraphs (6), (7), and (8), is amended by
striking the item relating to section 834 and inserting the
following new item:
``834. 34. Advice to convening authority before referral for trial.''.
(10) The table of sections at the beginning of subchapter
VI, as amended by paragraphs (6), (7), (8), and (9), is amended
by striking the item relating to section 835 and inserting the
following new item:
``835. 35. Service of charges; commencement of trial.''.
(11) The table of sections at the beginning of subchapter
VII is amended by striking the item relating to section 847 and
inserting the following new item:
``8470. 47. Refusal of person not subject to chapter to appear,
testify, or produce evidence.''.
(12) The table of sections at the beginning of subchapter
VII, as amended by paragraph (11), is amended by striking the
item relating to section 848 and inserting the following new
item:
``848. 48. Contempt.''.
(13) The table of sections at the beginning of subchapter
VII, as amended by paragraphs (11) and (12), is amended by
striking the item relating to section 850 and inserting the
following new item:
``850. 50. Admissibility of sworn testimony from records of courts of
inquiry.''.
(14) The table of sections at the beginning of subchapter
VII, as amended by paragraphs (11), (12), and (13), is amended
by striking the item relating to section 852 and inserting the
following new item:
``852. 52. Votes required for conviction, sentencing, and other
matters.''.
(15) The table of sections at the beginning of subchapter
VII, as amended by paragraphs (11), (12), (13), and (14), is
amended by striking the item relating to section 853 and
inserting the following new item:
``853. 53. Findings and sentencing.''.
(16) The table of sections at the beginning of subchapter
VIII is amended by striking the item relating to section 856
and inserting the following new item:
``856. 56. Sentencing.''.
(17) The table of sections at the beginning of subchapter
VIII, as amended by paragraph (16), is amended by striking the
items relating to section 856a and 857a.
(18) The table of sections at the beginning of subchapter
IX is amended by striking the item relating to section 860 and
inserting the following new item:
``860. 60. Post-trial processing in general and special courts-
martial.''.
(19) The table of sections at the beginning of subchapter
IX is amended by inserting after the item relating to section
860, as amended by paragraph (18), the following new items:
``860a. 60a. Limited authority to act on sentence in specified post-
trial circumstances.
``860b. 60b. Post-trial actions in summary courts-martial and certain
general and special courts-martial.
``860c. 60c. Entry of judgment.''.
(20) The table of sections at the beginning of subchapter
IX, as amended by paragraphs (18) and (19), is amended by
striking the item relating to section 861 and inserting the
following new item:
``861. 61. Waiver of right to appeal; withdrawal of appeal.''.
(21) The table of sections at the beginning of subchapter
IX, as amended by paragraphs (18), (19), and (20), is amended
by striking the item relating to section 864 and inserting the
following new item:
``864. 64. Judge advocate review of finding of guilty in summary court-
martial.''.
(22) The table of sections at the beginning of subchapter
IX, as amended by paragraphs (18), (19), (20), and (21), is
amended by striking the item relating to section 865 and
inserting the following new item:
``865. 65. Transmittal and review of records.''.
(23) The table of sections at the beginning of subchapter
IX, as amended by paragraphs (18), (19), (20), (21), and (22),
is amended by striking the item relating to section 866 and
inserting the following new item:
``866. 66. Courts of Criminal Appeals.''.
(24) The table of sections at the beginning of subchapter
IX, as amended by paragraphs (18), (19), (20), and (21), (22),
and (23), is amended by striking the item relating to section
869 and inserting the following new item:
``869. 69. Review by Judge Advocate General.''.
(25) The table of sections at the beginning of subchapter
IX, as amended by paragraphs (18), (19), (20), (21), (22),
(23), and (24), is amended by striking the item relating to
section 871 and inserting the following new item:
``871. 71. [Repealed.]''.
(26) The table of sections at the beginning of subchapter
XI is amended by striking the item relating to section 936 and
inserting the following new item:
``936. 136. Authority to administer oaths.''.
(27) The table of sections at the beginning of subchapter
XI, as amended by paragraph (26), is amended by inserting after
the item relating to section 940 the following new item:
``940a. 140a. Case management; data collection and accessibility.''.
(28) The table of sections at the beginning of subchapter
XII is amended by striking the item relating to section 946 and
inserting the following new items:
``946. 146. Military Justice Review Panel.
``946a. 146a. Annual reports.''.
SEC. 7202. EFFECTIVE DATES.
(a) Except as otherwise provided in this division, the amendments
made by this division shall take effect on the first day of the first
calendar month that begins two years after the date of the enactment of
this Act.
(b) 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.
(c)(1)(A) The amendments made by title LX shall not apply to any
offense committed before the effective date of such amendments.
(B) Nothing in subparagraph (A) shall be construed to invalidate
the prosecution of any offense committed before the effective date of
such amendments.
(2) The regulations prescribing the authorized punishments for any
offense committed before the effective date of the amendments made by
title LVIII shall apply the authorized punishments for the offense, as
in effect at the time the offense is committed.
TITLE LXXIII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT
SEC. 7301. SHORT TITLE.
This title may be cited as the ``Guam World War II Loyalty
Recognition Act''.
SEC. 7302. 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. 7303. 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 7304 and 7305.
(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 7304 have been
made.
(d) Limitation on Payments Made From Fund.--
(1) In general.--No payment may be made in a fiscal year
under section 7304 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 7304 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. 7304. 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 7305(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 7305 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 7305 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. 7305. 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 7304.
(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 7304 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 7304 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 7304.
(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 7304.
(9) Treatment of affidavits.--For purposes of section 7304
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 7304(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 7304 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. 7306. 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. 7307. AUTHORIZATION OF APPROPRIATIONS.
(a) Guam World War II Claims Payments and Adjudication.--For the
purposes of carrying out sections 7304 and 7305, 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 7303. 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 7306, there are authorized to be appropriated $5,000,000 for
each fiscal year beginning after the date of the enactment of this Act.
Attest:
Clerk.
114th CONGRESS
2d Session
S. 2943
_______________________________________________________________________
AMENDMENT