[Congressional Record Volume 162, Number 78 (Tuesday, May 17, 2016)]
[House]
[Pages H2458-H2677]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017
General Leave
Mr. THORNBERRY. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material on H.R. 4909.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 732 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 4909.
The Chair appoints the gentleman from Idaho (Mr. Simpson) to preside
over the Committee of the Whole.
{time} 1455
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4909) to authorize appropriations for fiscal year 2017 for
military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for such fiscal
year, and for other purposes, with Mr. Simpson in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Texas (Mr. Thornberry) and the gentleman from
Washington (Mr. Smith) each will control 30 minutes.
The Chair recognizes the gentleman from Texas.
Mr. THORNBERRY. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I am honored to bring to the House today H.R. 4909, the
National Defense Authorization Act for Fiscal Year 2017.
The House Armed Services Committee reported it favorably 3 weeks ago
by a vote of 60-2. The only way a vote like that is possible is that
members are willing to work together for the best interests of the
country.
I want to start by thanking my partner on this committee, Mr. Smith,
for his work, his insight, and his commitment to work together to try
to do the right thing for our servicemembers and for the good of the
Nation.
Now, I am sure that he does not agree with everything in this bill,
nor do I. It is the product of difficult choices, of compromise, of
input from many members of this body.
But, as a whole, I think this bill is good for the troops, good for
the country, and is faithful to the constitutional responsibilities
that we have on our shoulders to provide for the military of the United
States and defend the country.
I want to thank all the members of the committee as well as the
staff. We had a compressed schedule this year. At the same time, the
country is facing national security challenges that are growing more
complex and more dangerous and we are still dealing with the
consequences of defense budget cuts.
Coupled with an ambitious reform agenda, all of those things meant
that our job was not easy, but members on both sides of the aisle put
in the hours, attended the briefings and hearings, and contributed to
this product.
This bill was built from the ground up. We started with about 2,000
legislative provisions that were suggested by members of our committee.
We then received many additional requests from members who are not on
our committee through testimony, letters, and other forms of
communication.
For example, some members of the Small Business Committee all came
together with a package of proposals to help small businesses
contribute to our defense efforts.
We had subcommittee markups and then a full committee markup that
lasted about 16 hours and considered 248 amendments.
Now we have more than 370 amendments that have been filed with the
Rules Committee, and many of them will be considered over the next 2
days on this floor.
Mr. Chairman, I think that is the epitome of a regular legislative
process and is particularly appropriate for this bill because providing
for the common defense is the first job, I believe, of the Federal
Government.
I would add that servicemembers here and around the world deserve to
know that we in this body are doing our job and that we support them
and are actually trying to do our job, inspired by the courage and
dedication and selfless sacrifice that they exhibit in doing their
jobs.
I want to just highlight two primary thrusts of this bill in addition
to fulfilling our constitutional responsibilities. Those thrusts are
readiness and reform.
The term ``readiness'' is often used by the military. It is sometimes
not understood by those who are not in the military. Readiness involves
the preparation and support required to successfully accomplish what
the political leadership asks the military to do.
[[Page H2459]]
{time} 1500
It means having the right number of people for a mission, each of
whom is fully trained, has appropriate equipment, and is able to carry
out their mission.
Now, we have got severe readiness problems today in the United States
military. We have pilots who are getting less than half the minimum
number of training hours they are supposed to get in order to stay
proficient in their airplanes. We are cannibalizing some aircraft just
to keep other aircraft flying.
We have significant shortages of people in key areas, such as pilots
and aircraft mechanics.
I could go on with examples and statistics which point toward,
unfortunately, the kind of hollow military that our country has seen in
the past. Certainly there is a high level of frustration among many of
our servicemembers.
Now, we do not fix all of those problems in this bill, but we start
to turn them around. And to truly turn them around, it means not only
providing more resources for operations and maintenance and training
accounts, it means we have to deal with personnel accounts, and we have
to deal with modernization accounts.
This bill authorizes spending at the same level as requested by the
President, $610 billion, when you add it all together.
Now, personally, I would prefer a higher number, but last year we saw
military funding used as a hostage to get more domestic funding. In
fact, the President vetoed this bill once last year to force more
domestic spending, the first time that has ever been done. Once an
agreement was reached, he signed the exact same bill into law with the
funding adjustments.
I think using the military as a hostage for domestic political
leverage is deplorable, but I also want to avoid a repeat of that since
President Obama is still in the White House. So we used the exact same
number, the exact same top line as requested by the President.
Mr. Chairman, it would also be irresponsible for us to turn away and
ignore the severe readiness problems that are coming to the fore, so
this bill authorizes funding for several items that the President
rejected in the budget proposal that he sent to us.
For example, it restores a full cost-of-living adjustment for our
military. It prevents further cuts in the number of people serving. It
begins to repair facilities. It adds funds for training and for
maintenance, and it makes some progress on replacing outdated weapons
systems.
So this bill provides full funding for the base requirements for the
full year, as was agreed upon in last year's balanced budget agreement.
It then provides a bridge fund to pay for the overseas deployments
for about half of the new fiscal year. That gives the new President,
whoever he or she may be, the opportunity to look at the deployments
that President Obama has begun, look at the funding that he has
requested, make adjustments however they think it needs to be adjusted,
and then come back to Congress with their conclusions.
Mr. Chairman, that is exactly the approach that was used the last
time we transitioned between administrations. In June of 2008, this
body, under Democratic leadership, did exactly what I have described
with a bridge fund to get into 2009. We are following the same approach
this year.
Now, this bill also contains major reforms. In fact, there are five
major reform packages in it, all of which are the work of bipartisan
work on the committee, and consultation with the Department of Defense.
Those areas, just briefly, are:
Acquisition reform to try to ensure that we are getting more value
for the money we spend, and that we get modern technology into the
hands of the warfighters faster.
Military health care to modernize the system, provide better care,
and ensure that the emphasis is where it is supposed to be, and that is
military health care for our warfighters.
Commissary reform to put domestic commissaries on a self-sustaining
track while maintaining the benefit for our servicemembers, their
families, and for retirees.
Organizational reform, including the changes to the 30-year old
Goldwater-Nichols law, and replacing the Quadrennial Defense Review,
the QDR, with something that is less costly and more useful.
Reform of the Uniform Code of Military Justice, long overdue and
modernization spurred by a review that we required in this committee
that was prompted by the sexual assault allegations of recent years.
So, Mr. Chairman, there is a lot here. There is a lot of substance,
and there is a lot of reform, and it is all focused towards two goals.
One is to support the men and women who volunteer to risk their lives
to protect us. And secondly, to preserve and protect the national
security of the United States of America in a very dangerous world.
I believe this bill deserves the support of all Members.
Mr. Chairman, I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, I yield myself 5 minutes.
I want to thank the chairman and all the staff members and members of
the committee for their excellent work in pulling this bill together.
As always, I think it is a fine example of how the legislative
process should work around here, and too often doesn't. We had a bill
before committee. We had many, many hearings to discuss the issues
around it. Then we had a long markup with amendments offered and
debated, and we put together a bill in a bipartisan fashion that I
think was done quite well.
I also agree with the chairman that there is a lot of good in this
bill. There are a lot of efforts at reforming the way we do procurement
and other things in the Department of Defense to try to get the most
out of the money we spend.
More than anything, the good in this bill is that it continues to
provide for the men and women of our services who are fighting for us
and protecting our national security, and I think it does a very
comprehensive job of that, and that is an important issue right now. I
will also agree with the chairman that we face as complex a threat
environment as we have probably faced, gosh, in the history of the
country. We have certainly had great national security challenges
throughout our history, but now they are coming at us from all
directions.
Certainly, we have the asymmetric threat of terrorism from groups
like al Qaeda and Daesh and all that goes with that.
We have a newly belligerent Russia that is creating problems in
Eastern Europe and elsewhere. We have Iran, which continues to pose
challenges to us in the Middle East and also elsewhere; North Korea,
that is acting in a very belligerent manner; and China, that is
expanding its territory by creating islands in the South China Sea and
challenging the territorial integrity of other nations.
All of those things require us to be prepared and to have a robust
national security policy. I think this bill does a good job of it.
Now, we are facing a reckoning, coming down the road here, in that
all of those national security challenges that I just mentioned are
going to be tough to meet under any budget.
One of the things that I would urge us to do is to work more closely
with partners throughout the globe, as we have in some instances, to
meet our national security challenges, because the sheer cost of them
is going to be difficult. But on the whole, I think this bill does a
good job of meeting our national security concerns.
There are just two problems that I do want to point out. Number one,
we don't really make as many tough choices as we should make in this
bill. The chairman has pointed out how this bill prioritizes readiness,
and to some degree that is true; but this bill also still has $11
million less in money for readiness than the President's budget that
was proposed because we support a wide range of other programs.
If you look over the course of the next 10 years at all of the
programs that we are funding and planning on buying, and then you look
at how much money we are likely to have, the two don't add up. We have
to start making some difficult choices about what we are going to fund
and what we are not going to fund.
Related to that is the second problem, the one the chairman alluded
to, and that is the fact that while this
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budget sticks to the $610 billion number that was agreed to in the
budget resolution last year, it takes $18 billion out of the overseas
contingency operations fund and puts it into the base budget, which
means that 6 months into the fiscal year our troops in Afghanistan and
Iraq and elsewhere will not have the money to support those overseas
operations unless a supplemental is passed.
Now, the chairman is quite correct: this was done in 2008. But in
2008, we did not have the Budget Control Act. We did not have the
complete unwillingness of this Congress to lift the Budget Control Act.
I don't see that changing in the next 6 months.
Which brings us to the other issue, and that is the issue of
``holding the defense bill hostage for other spending priorities, for
domestic spending priorities.''
Well, that is one way of looking at it. The other way of looking at
is a budget is a series of choices that you have to make. And if we do
spend an additional $18 billion on defense, over and above what the
budget agreement of last year agreed to, then that money has got to
come from somewhere.
Either, one, it adds to a $19 trillion debt that I think most people
feel is too high and that we need to eventually get to the point of a
balanced budget.
It requires new revenue which, of course, is--you know, I should be
struck down by lightning in this Chamber for even mentioning the words
``new revenue.'' That is, apparently, verboten and not going to happen.
However much we may claim to support the men and women who served in
our Armed Forces, we are not prepared to raise taxes for what they need
to do.
Then you have got the domestic choices, and those domestic choices
are not irrelevant. We have a crumbling infrastructure in this country
that is way behind, massively unfunded.
We have other priorities. We have the Department of Homeland
Security. We have Intel priorities. All of those priorities are shoved
backwards if we take an additional $18 billion for defense.
So we are not holding defense hostage. We are arguing about what our
budget priorities should be.
Should we go and take the $610 billion agreement we had for defense
and effectively up it to $628 billion at the expense of all these other
priorities, or shouldn't we? That is what we have to balance.
I will look forward to the debate. There are a lot of interesting
amendments coming up. I am not sure at this point how I am going to
vote on this bill. I think it is incredibly important. We need to get
it done.
But those budget priorities are very real. And if we take an extra
$18 billion for defense, that does shortchange other areas, given our
unwillingness to raise revenue to pay for it.
Mr. Chairman, I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I am pleased to yield 1 minute to the
gentleman from California (Mr. McCarthy), the distinguished majority
leader.
Mr. McCARTHY. I thank the gentleman for yielding.
Mr. Chairman, I want to take one moment. Very seldom do we see a bill
of this significance come to the floor in such a bipartisan manner.
That takes leadership, it takes experience, and I want to thank the
chairman for that. He knows that I trust his judgment, but more
importantly, whenever we are talking about national security, he is the
first one that I call. But I am not the only one who calls him: those
around the world do as well.
I want to take a moment to thank the ranking member as well. The vote
to come out of this committee was 60-2. That shows the leadership on
both sides that when America looks at national security, they want
Republicans and Democrats alike to work together.
Both of you have shown that leadership, and I want to congratulate
you for that, bringing it to the floor in that manner.
Mr. Chairman, it is indisputable that our national security has
declined under President Obama's watch. Terrorists are attacking us
right here at home. Europe is under siege. And, yet, the President is
more focused on closing Guantanamo Bay and releasing detainees than he
is on the real threats to American security.
Afghanistan is increasingly unstable, and the Taliban and al Qaeda
are gaining ground. Yet, President Obama remains committed to
withdrawing our troops while constraining their ability to take the
fight to the enemy.
These are just two examples, and I don't need to go through the whole
list. Just look at the map of the world, and what do you see?
Allies that have been slighted, enemies that have been appeased,
regions that have fallen into conflict and chaos.
The Obama administration is not the direct cause of every problem,
but the President's inadequate responses, naive beliefs, and failures
of leadership have put American interests at risk and made our country
less safe.
Now, House Republicans have always been and remain committed to a
strong American military, an active foreign policy, and continued
American leadership in the world.
We must counter the terrorist threats forcefully. We must reaffirm
and strengthen our strategic alliances, like NATO. We must engage and
prevent, not retrench and respond.
This National Defense Authorization Act demonstrates our commitment
by prioritizing funding to support more troops, better defenses, and
better equipment.
Most importantly, this bill works to improve readiness, and ensures
that our men and women are prepared to go into battle.
The President has fought this approach and has said he will veto this
bill as it currently stands. That is despite a 2.1 percent pay raise
for our troops, better resources for the warfighter, an aggressive
stance against Russian expansion, and funding for Israel's missile
defense.
{time} 1515
This is the height of irresponsibility. With this bill, the House
makes it clear that we intend to reinvigorate the Department of
Defense, take care of our men and women in uniform, stand with our
allies, and make every possible effort to defeat global extremism.
The President should share these goals and sign this bill.
Mr. SMITH of Washington. Mr. Chair, I yield 3 minutes to the
gentlewoman from California (Ms. Loretta Sanchez), the ranking member
of the Tactical Air and Land Forces Subcommittee.
Ms. LORETTA SANCHEZ of California. Mr. Chairman, I thank Chairman
Thornberry, Ranking Member Smith, and all of our staff for tirelessly
working on this very incredibly important bill. Also I would like to
thank Mr. Turner. For the past 4 years, he has been the chairman and I
have been the ranking member of the Subcommittee for Tactical Air and
Land Forces. It has been a pleasure.
The National Defense Authorization Act, of course, is a must-pass
bill. We have passed it for the past 53 years, and I am really honored
to have been part of it for the past 20.
The NDAA is the annual piece of law that puts the necessary resources
and funding to ensure that our servicemembers are fully equipped and
trained to defend our country here and abroad. All of our military
systems--air, land, water, and space--are authorized by this
legislation. It provides new opportunities for the Department of
Defense to engage in innovative research and development to ensure that
America has the most technologically advanced military. Of course, that
also bleeds over into the civilian world with all of our new
technologies.
The NDAA makes sure that servicemembers and their families are
provided with the necessary support and resources as they sacrifice
their lives to defend their country. Just last Friday, I had the
opportunity to be in Erie, Pennsylvania, where our son was commissioned
as a second lieutenant and officer into the U.S. Army artillery. So I
am pretty excited to continue to support our military families because
we are one.
This bill also provides provisions to support women in the military--
making equipment that actually fits them, for example--and we put in
language for parental leave for our servicemembers for up to 14 days.
It increases funding for nuclear nonproliferation, something which I
am an adamant supporter of, trying to eliminate nuclear threats for the
future, for our grandchildren and their children.
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It increases funding for K-12 STEM education because, again, we have
to invest in our future, and the future of education is equal to our
national security. The legislation also provides funding and resources
to counterterrorism, including those threats from ISIL.
On our particular subcommittee, we included some significant
oversight legislation. Everybody thinks about passing laws, but the
reality is that one of the main things that we have to do as Members of
Congress is to oversee what is really happening in programs and with
the money of our taxpayers. So we included the F-35 Joint Strike
Fighter's software oversight, the F-18 Super Hornet oxygen system, and
a multiyear procurement authority for the Army's helicopters.
However, the successful passage of this important legislation is at
risk because, first, it doesn't comply with the Republicans' Budget
Control Act because it is $18 billion over the budget caps. Secondly,
it includes a number of discriminatory provisions, such as language
that would allow government contractors to discriminate against the
LGBT community.
There are many things that we need to do to ensure that this bill can
be, in a bipartisan way, passed by this House.
Mr. THORNBERRY. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from Virginia (Mr. Forbes), the chairman of the Subcommittee
on Seapower and Projection Forces.
Mr. FORBES. Mr. Chairman, I rise in support of the National Defense
Authorization Act for Fiscal Year 2017.
I want to first commend the leadership of Chairman Thornberry in
bringing this bill to the floor. His leadership has been instrumental
in tackling many of the tough issues this committee has had to address.
I am particularly impressed with the chairman's leadership to make
sure that this Congress provides the required equipment and readiness
that will begin to turn some disconcerting trend lines with our
national security.
For example, Navy aviation has only 3 in 10 Navy jet aircraft that
are fully mission capable; aircraft carriers are not available in
sufficient quantities, and our Nation had a carrier gap of almost 3
months in Central Command last year; Navy ship deployments have
increased almost 40 percent, and submarine demand continues to outpace
availability, with the Navy projecting they will meet only 42 percent
of the combatant commanders' demand, and this is before we reduce
another 20 percent of our submarines by the end of the 2020s.
As to the Air Force, our B-1 fleet was pulled back from the Arabian
Gulf this year because of engine maintenance issues and replaced with
B-52s that are over 50 years old; and in the last 4 years, we have
reduced our tactical airlift by 20 percent.
I think everyone would agree that these are disturbing trends. It is
time we invest in these capabilities. This bill goes a long way to
reversing this trajectory and authorizes funds to meet the 350-ship
Navy that our Nation needs. I believe it is a national security
imperative to arrest the decline of our projection forces.
Mr. Chairman, I urge my colleagues to support the National Defense
Authorization Act for Fiscal Year 2017.
Mr. SMITH of Washington. Mr. Chairman, I yield 3 minutes to the
gentleman from Rhode Island (Mr. Langevin), the ranking member of the
Emerging Threats and Capabilities Subcommittee.
Mr. LANGEVIN. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I want to thank Chairman Thornberry, Ranking Member
Smith, and my fellow colleagues on the committee this year for many
important issues within the committee's jurisdiction which we found in
this bill, on which I have been proud to work with my colleagues.
As ranking member of the Emerging Threats and Capabilities
Subcommittee, I especially want to thank my subcommittee colleagues,
particularly my colleague Joe Wilson, the chairman of the subcommittee.
It has been a pleasure to work with him.
I also want to take this opportunity to recognize members of the
staff who worked so hard on this bill, without whom we wouldn't be able
to move legislation of this magnitude forward.
The legislation, Mr. Chairman, before us today continues to address
critical priorities and programs at the strategic, operational, and
tactical levels when it comes to emerging threats and capabilities.
In particular, I am pleased with many provisions relating to game-
changing technologies, such as language addressing how to properly
operationalize directed energy technologies, electromagnetic rail gun
mount funding, electronic warfare capabilities, strategy requirements,
and a point person within DOD for directed energy systems.
This legislation goes on also to prioritize the readiness of the
Cyber Mission Force and fully supports U.S. Cyber Command while
elevating this critical entity to its own combatant command. This
effort enhances our superiority in the cyber domain, and I am glad the
committee recognized the need to take this vital step.
I am also pleased with the approach we took toward enhancing
capabilities and extending authorities to defeat nonstate actors like
ISIL and al Qaeda.
I am also pleased with the continued support of our Special
Operations Forces and their families who are under the responsibility
of the subcommittee, and those forces which are always at the pointy
tip of the spear.
Although this bill moves the ball forward on policies vital to our
national defense, of course, it is far from perfect. We must continue
to address funding issues in other areas of concern as we move forward
in the process.
In closing, I want to thank all the members of our subcommittee, as
well as the members of the full Armed Services Committee, for their
support during this markup.
I again commend Chairman Thornberry and Ranking Member Smith for
their leadership. I look forward to our continuing to work together to
craft a final product with the Senate that provides further support for
our men and women in uniform, our military families, and further
strengthens our national security.
Mr. THORNBERRY. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from South Carolina (Mr. Wilson), the chairman of the
Subcommittee on Emerging Threats and Capabilities.
Mr. WILSON of South Carolina. Mr. Chairman, I thank the gentleman for
his efforts to promote peace through strength.
Mr. Chairman, I am grateful to support H.R. 4909, the National
Defense Authorization Act for Fiscal Year 2017, which I believe
faithfully sets forth a path to recover and strengthen our military
readiness.
As chairman of the Subcommittee on Emerging Threats and Capabilities
of the House Armed Services Committee, I am particularly appreciative
to oversee some of the most innovative aspects of the Department of
Defense.
A few key areas of the subcommittee's contributions to this
legislation are providing robust and resilient cyber capabilities and
authorities to improve our cyber readiness and ensure resiliency for
Department of Defense networks and weapons systems. We support
innovative science and technology programs and authorities to meet
future challenges. We fully resource and support our Special Operations
Forces, who remain at war and globally postured, supporting our
national security in the global war on terrorism. We extend vital
counterterrorism authorities while improving congressional oversight in
this very important area.
Again, I would like to thank Chairman Mac Thornberry for his
steadfast leadership as well as the subcommittee ranking member, Mr.
Jim Langevin of Rhode Island, who has been an energetic partner on
these issues with an extraordinary subcommittee staff.
Mr. Chairman, I urge my colleagues to support this bill and vote
``yes'' on H.R. 4909.
Mr. SMITH of Washington. Mr. Chairman, I yield 3 minutes to the
gentlewoman from Guam (Ms. Bordallo), the ranking member of the
Readiness Subcommittee.
Ms. BORDALLO. Mr. Chairman, I commend Chairman Thornberry, Ranking
Member Smith, and the committee staff who have worked many, many long
nights on the FY17 National Defense Authorization Act. I worked with
Mr. Smith and members on the committee, particularly the Readiness
chairman, Mr. Rob Wittman, to include a number of provisions that will
[[Page H2462]]
improve our military readiness and continue to support the Asia-Pacific
rebalance, allowing crucial infrastructure projects to move forward and
requiring the Navy to report on land usage on Guam that will have
positive impacts for our posture in this region.
The bill provides critical funding to the Long Range Strike Bomber
program as well as adds additional funding to keep the fielding of the
MQ-4 program on track.
I especially want to thank Ranking Member Smith for working to get a
provision mandating a review of distinguished Asian American and
Pacific Islander veterans who may have been unjustly overlooked in the
Medal of Honor consideration included in the chairman's mark. It is
important that we appropriately recognize the contributions of our
brave men and women in uniform.
While I am proud of these and other provisions, this bill is far from
perfect. There are, once again, numerous damaging environmental
provisions; and, more broadly, I am disappointed that the majority has
again created a bill that circumvents budget caps, a maneuver that
plays politics with our servicemembers in the field--particularly
reckless in this environment.
I look forward to working with my colleagues on both sides of the
aisle to address these and other concerns, and I hope common sense will
prevail as this process continues.
Mr. THORNBERRY. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from Ohio (Mr. Turner), the subcommittee chairman on Tactical
Air and Land Forces.
Mr. TURNER. Mr. Chairman, I rise in support of the National Defense
Authorization Act for Fiscal Year 2017.
As the chairman has indicated, the President has issued a veto threat
on this bill claiming criticism that the bill uses overseas contingency
operations funds for base requirements. This is a hypocritical attack
by the President because the President, in his own bill, included $5
billion in overseas contingency operations funding to be used for base
requirements as part of the President's budget for 2017.
The reality is that $5 billion is not enough to address the readiness
crisis that is facing our military, and it does not ensure that our
troops are ready to deploy and are fully prepared. The military, in
fact, submitted $22 billion in unfunded requirements for fiscal year
2017 alone.
I want to thank Chairman Thornberry for his leadership as he begins
the process of rebuilding our military and restoring readiness back
into the future. As the chairman said, this bill came out of our
committee, 60-2. It is the same bill that is going to come to this
House floor.
I certainly hope we are not in the situation, as we were last year,
where we had Democrats on the committee who actually voted for the bill
in committee and then voted against the bill on the House floor. This
is a bill that deserves passage. It deserves the support for our men
and women in uniform.
In my subcommittee, the bill authorizes almost $6 billion in
additional funds to address critical unfunded requirements, a benefit
provided by the military services.
I want to also thank Chairman Thornberry, in this bill, for reversing
the President's proposed cuts to our end strength, our numbers of those
serving in the Army and the Marine Corps. He has incorporated the
POSTURE Act, which was first introduced by Representative Chris Gibson.
The bill also includes funds for the European Reassurance Initiative,
which is incredibly important as we move to respond against Russian
aggression.
Additionally, this bill calls for continued action to eradicate
sexual assault in the military, and I appreciate the chairman's support
for those provisions.
The bill provides greater transparency in the military criminal
justice system, acknowledges the need for intensive treatment for male
victims of sexual assault, and continues to address the critical issue
of retaliation.
{time} 1530
Before I conclude, I want to thank our subcommittee's ranking member,
Ms. Loretta Sanchez, for her support in completing the markup of this
bill as well as that of other Members, and I want to thank Loretta
Sanchez for her long service on the Armed Services Committee.
I ask everyone to support this bill.
The CHAIR. The Chair would remind Members to refrain from engaging in
personalities toward the President.
Mr. SMITH of Washington. Mr. Chairman, I yield 3 minutes to the
gentleman from Connecticut (Mr. Courtney), the ranking member of the
Seapower and Projection Forces Subcommittee.
Mr. COURTNEY. Mr. Chair, I enthusiastically support the seapower
portion of the defense bill, which is a strong bipartisan boost to our
security on, below, and above the seas.
The Seapower and Projection Forces Subcommittee worked hard this year
examining the President's budget as well as the larger strategic
maritime context that we are considering these programs in.
We have determined the following, that the demand for our naval fleet
is higher than ever and so is the strain on the force. A casual review
of the headlines explains why.
China's navy is militarizing the South China Sea, threatening good
order and commerce on the world's seaways, completely in violation of
international maritime law.
Russia's navy is recapitalizing its fleet, particularly its undersea
fleet, and operating at a level not seen since the cold war.
These are just two examples of the up-tempo challenges that the Navy
faces every single day. In this strategic context, the seapower portion
of our bill builds on the work done by the Navy, the Obama
administration, and this Congress to put us on a path to a 308-ship
Navy within the next 5 years.
That is good, but it is clear we need to do more to ensure that we
have the capability to keep pace with the growing and changing threats
around the world. That is why this bill adds three new ships to the
seven ships in the President's budget, a third littoral combat ship,
funding to complete a third DDG-51 destroyer, and resources to add an
additional amphibious ship.
Our bill also has another area of good bipartisan work. It is in the
area of our undersea forces. Our bill not only sustains the two-a-year
build rate of our advanced Virginia-class submarines, but also includes
a measure that I pushed for to continue that build rate through the
2020s to provide the undersea capabilities our military leaders are
pleading for.
Our bill also fully funds our Nation's top strategic priority, the
Ohio replacement submarine. We also continue our bipartisan work to
strengthen the National Sea-Based Deterrence Fund to support this
critical program outside of the regular shipbuilding account.
We provide this fund with new authorities to save additional funds
during the course of building the Ohio class program--perhaps as much
as 10 percent on components like missile tubes--on top of the billions
in savings that already existing authorities in the fund were shown to
garner by the CRS and the Congressional Budget Office.
The bipartisan seapower mark is a down payment on the additional
naval capabilities and capacity that we will need to keep pace with the
fast-changing security challenges around the globe. I am confident that
it will emerge in the final enactment of the 2017 NDAA.
Mr. THORNBERRY. Mr. Chairman, I yield 2 minutes to the gentleman from
Alabama (Mr. Rogers), the distinguished chairman of the Subcommittee on
Strategic Forces.
Mr. ROGERS of Alabama. Mr. Chair, I would like to thank the
distinguished chairman of the House Armed Services Committee for his
leadership in bringing what I think is a very good NDAA bill to the
floor. This is the 55th consecutive NDAA.
This is not an easy bill to manage. We have a critical set of funding
challenges as the administration's budget submission for FY 2017 broke
the deal negotiated in 2015 to achieve the Bipartisan Budget Act of
2015.
Because of this failure, we in Congress must exercise our
constitutional duty to provide for the men and women in uniform and we
must provide much-needed oversight of the Department of Defense and the
Department of Energy.
This bill includes a number of key provisions that were authored by
the
[[Page H2463]]
Subcommittee on Strategic Forces that I lead, including:
Consolidating and strengthening the Air Force's organization
regarding our nuclear command and control and missile warning systems;
It enhances the authority for the Department of Defense and, also,
the Department of Energy to mitigate threats from unmanned aircraft at
its most sensitive nuclear facilities;
It prohibits the DOE funding for Russia and for Secretary Kerry's
unilateral disarmament initiative concerning retired U.S. nuclear
warheads;
It tackles the significant and growing foreign counter space threat
that our space systems are suffering by providing the necessary
resources to build up our space security and defense capabilities and
by ensuring the Department is organized properly and has the
authorities it needs to maintain our space advantage long into the
future;
It makes clear that replacement of the RD-180 in a reasoned, prudent
timeline is the primary goal of the Department of Defense to maintain
assured access to space while protecting the taxpayers and ending our
reliance on Russian rocket engines;
It requires the Army to do a better job for its soldiers than
delaying the procurement of a modern radar until 2028 at the earliest;
and
Most significantly to me, in this bill we have recommended to the
chairman a significant increase of over $400 million for the Missile
Defense Agency, focusing on R&D, and full funding of the request of our
allies in Israel, $600.7 million, for codevelopment and coproduction of
Iron Dome, David's Sling, and Arrow 3.
I want to thank the chairman for his leadership, and I want to thank
my good friend and colleague from Tennessee, Mr. Jim Cooper, for his
support, counsel, and thoughtfulness. I couldn't ask for a better
ranking member.
I urge support of the bill.
Mr. SMITH of Washington. Mr. Chairman, I yield 3 minutes to the
gentleman from Tennessee (Mr. Cooper), the ranking member of the
Strategic Forces Subcommittee.
Mr. COOPER. Mr. Chair, I thank the gentleman from Washington. I thank
also the chairman of the full committee from Texas and my particular
friend, the gentleman from Alabama (Mr. Rogers).
All the members of the subcommittee contributed greatly to the final
product. It is not to all of our liking, but we are making progress.
We agree on so many of the fundamental provisions having to do with
national security. For example, I am thankful that our safe, secure,
and effective nuclear deterrent is fully funded and we are also
providing full support for our nuclear nonproliferation efforts as well
as providing for nuclear cleanup. Those are all very important efforts.
The bill also provides a very robust missile defense, including not
only protecting the homeland, but also our allies and partners, such as
the $600 million for Israeli missile defense.
The mark fully funds national security space programs and makes some
very important adjustments, including ensuring that we adequately
support acquisition of satellite communication services.
There are a few provisions in the bill that I strongly oppose, such
as restricting dismantlement of obsolete and unneeded nuclear weapons.
Also, I think it was a mistake to mandate a poorly-thought-out,
unaffordable, and unrealistic missile defense policy, including plans
for a space-based missile deterrent. I also plan to continue to oppose
these provisions in conference.
I would like to reiterate my thanks to Chairman Rogers, my friend
from Alabama. It is a pleasure to work with him and our other
subcommittee members.
Mr. THORNBERRY. Mr. Chairman, I yield 2 minutes to the gentleman from
Virginia (Mr. Wittman), the distinguished chairman of the Subcommittee
on Readiness.
Mr. WITTMAN. Mr. Chairman, I would like to thank Chairman Thornberry,
Ranking Member Smith, and the ranking member on the Readiness
Subcommittee, Madeleine Bordallo, for all of their efforts.
Chairman Thornberry over the last few months has highlighted the
significant readiness challenges and budget choices we are facing. The
reality is that these decisions we make here will affect the strength
of our national security for years to come.
The American people are concerned. And why shouldn't they be? The
readiness obstacles that we face force our military leaders to choose
between providing adequate training and equipment for troops at home
and supporting our men and women who are already fighting on the front
lines.
We have heard verified media reports, for instance, that aircraft
mechanics have taken drastic measures, even attempting to strip parts
from museum pieces, to keep our fighters and bombers flying.
We have heard testimony from each of our service branches about how
critical it is for us to address our military readiness shortfalls.
What we have heard has been sobering, to say the least.
Today we are called to address these maintenance, sustainment, and
readiness issues. That is our constitutional duty. I believe that this
bill will move us toward that end goal of restoring full-spectrum
readiness.
This bill, for example, prohibits the Department from implementing
another round of base realignment and closure in the absence of an
accurate end strength assessment and it streamlines the Department of
Defense's civilian hiring practices so that critical manpower
capability gaps can be filled.
Most importantly, this bill also includes more than $5 billion in
additional funds for, among other things, ship and aircraft depot
maintenance, aviation training and readiness, and long-neglected
facility sustainment, restoration, and modernization accounts.
Our military, an overruling force for good, is supported by the
finest men and women in the world. They deserve our support in return.
At the same time, I would like to note that these recommendations
don't fully alleviate my concerns about our readiness shortfalls. Here
in Washington we need to make sure that we fully understand what is at
stake and how the choices we make affect those who serve and sacrifice
on our behalf.
We have to continue to focus on restoring readiness in the years to
come and make sure that we properly man, train, and equip our forces so
that they can meet the challenges on the horizon with the confidence
and superiority we have come to expect.
I ask the Members of the House to support this National Defense
Authorization Act and vote ``yes'' on H.R. 4909.
Mr. SMITH of Washington. Mr. Chairman, may I inquire as to how much
time each side has remaining?
The CHAIR. The gentleman from Washington has 13\1/2\ minutes
remaining. The gentleman from Texas has 11 minutes remaining.
Mr. SMITH of Washington. Mr. Chairman, I yield 4 minutes to the
gentlewoman from California (Mrs. Davis), ranking member of the
Military Personnel Subcommittee.
Mrs. DAVIS of California. Mr. Chairman, I want to thank Dr. Heck and
the committee staff for working in a bipartisan manner to develop this
bill and particularly recognize Chairman Thornberry and Ranking Member
Smith for their leadership during this process.
The bill includes many provisions that will provide the military
services flexibility to recruit and retain members of our Armed Forces
and to continue our commitment to taking care of military families.
One provision that we have expands parental leave for military
members to 14 days as well as expanding adoption leave for dual
military couples to 36 days to be split between them.
It also requires DOD to study flexible maternity and paternity leave
sharing for all of our dual military couples.
This bill includes reforms that will put the commissary on a
sustainable path while protecting the benefit for our servicemembers,
retirees, and their families. It also begins to reform and modernize
the military healthcare system.
Although we would all agree it is not perfect, this bill is long
needed to start ensuring that our servicemembers, retirees, and their
families continue to receive the best health care in the world through
efficient and economical means.
Important issues were addressed in this bill. I support many of the
reforms
[[Page H2464]]
and all of the hard work that went into them. However, I am extremely
concerned with how this bill is funded.
I applaud Chairman Thornberry's desire to increase funds for end
strength, modernization, and the operations and maintenance accounts.
But the $18 billion required comes from the Overseas Contingency Fund
and cuts short resources required for our troops in harm's way.
This will require the next Congress to pass a supplemental before
May, and that assumes current operations don't increase over the next
year. What programs do we cut midyear to find that level of funding?
This gimmick creates a hollow force. It will require the military
services to hedge their bets that the funding to maintain the increased
end strength authorized will be available in fiscal year 2018 when
sequestration hits.
The world we know is very dangerous in many places, and the pace of
combat operations will most likely not diminish in the near future.
In light of these dangers, I do not disagree that the Army may need
more soldiers. But the Army has not provided us with the requested
number, nor have they told Congress how they would create the
appropriate force structure to use these additional soldiers.
Lastly, this NDAA passed out of committee continued to expand on
Congress' efforts to increase opportunities for women to serve our
Nation by requiring women to register for the Selective Service. This
was only possible because the Department of Defense, after several
years of intense review, opened the last remaining combat arms
positions to women earlier this year.
Unfortunately, the rule for the NDAA strikes the provision without
debate. I understand that we are not always going to be in agreement,
and that is why we debate and vote issues on the House floor. But to
resort to gimmicks to hide debate is unconscionable. This is a national
issue that Congress must debate and vote on.
I certainly look forward, Mr. Chair, to continuing to work with the
chairman and the rest of the committee to ensure we resource our
military services in a responsible manner so that we can face the
challenges of today and tomorrow.
Mr. THORNBERRY. Mr. Chairman, I yield 2 minutes to the gentlewoman
from Missouri (Mrs. Hartzler), the chair of the Subcommittee on
Oversight and Investigations.
Mrs. HARTZLER. Mr. Chair, I rise today in support of our national
defense. There are some stark realities we must face in today's world
of increased and emerging threats from around the globe combined with
decreased military readiness from arbitrary and reckless cuts to our
national defense.
In the face of these challenges, we have a choice: either continue to
let our military capabilities wither as our adversaries grow stronger
or we can recognize that ever-changing global landscape and make sure
our troops are prepared with the resources and training they need to
keep Americans safe against today's threats and tomorrow's.
The latter, Mr. Chair, is what this defense authorization does. From
addressing the strike fighter shortfall with 14 additional F-18s that
the Navy needs, to providing for maintenance of equipment and
facilities so that museum aircraft do not have to be cannibalized for
spare parts, to fully funding our troops' pay raise, which they have
rightly earned, we have listened to the services and our commanders.
{time} 1545
They know what they need to do their jobs, to keep us safe, and to
retain their people, and we have acted on their priorities.
This bill also addresses shortfalls in training and provides for the
modernization of critical national security programs. It makes sure
soldiers are prepared at all of our bases, including at the Army's
Maneuver Support Center of Excellence at Fort Leonard Wood, in my
district. It ensures aircraft like the B-2 at Whiteman Air Force Base
can continue to project power and the spirit of America around the
globe.
Mr. Chair, this authorization takes care of our troops, ensures the
safety of the American people, and fulfills our constitutional
obligation to provide for the common defense.
I commend Chairman Thornberry, my House Armed Services colleagues,
and the HASC staff for all of their hard work and leadership.
I urge my colleagues to vote ``yes'' on this responsible
authorization.
Mr. SMITH of Washington. Mr. Chair, I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chair, I yield 2 minutes to the distinguished
gentleman from Nevada (Mr. Heck), the chairman of the Subcommittee on
Military Personnel, who is both a doctor and a general in the Reserves.
Mr. HECK of Nevada. Mr. Chair, I rise in strong support of H.R. 4909,
the National Defense Authorization Act of 2017.
This bill contains significant policy and funding initiatives that
continue our commitment to maintain military personnel and family
readiness and address important issues for our troops.
To that end, this bill:
Establishes a fully funded pay raise for all of our servicemembers.
After 3 years of executive action that has provided lower-than-by-law
calculated pay raises, it is time we give our troops and their families
the pay increase they deserve;
Stops the reductions in the active end-strengths of the Armed Forces,
thereby increasing readiness while reducing the stress and strain on
the force and their families;
Reforms the Military Health System to ensure the system can sustain
trained and ready healthcare providers to support the readiness of the
force and provide a quality healthcare benefit valued by its
beneficiaries;
It also modernizes the Uniform Code of Military Justice to improve
the system's efficiency and transparency while also enhancing victims'
rights. This includes establishing several new offenses, including an
offense prohibiting retaliation and prohibiting inappropriate
relationships between military recruits or trainees and a person in a
position of special trust;
Reforms the commissary system in a way that preserves this important
benefit while also improving the system so it remains an excellent
value for the shoppers and a good value for the taxpayer;
Includes an increase in parental adoptive leave for dual military
couples in recognition of the importance of bonding time between
parents and their newly adopted children.
In conclusion, I thank the ranking member, Mrs. Davis of California,
and her staff for their contributions to the mark and support in this
very bipartisan process. We were joined by an active and informed and
dedicated group of subcommittee members, and their recommendations and
priorities are clearly reflected in this bill. Additionally, I
appreciate the dedication and hard work of the subcommittee staff.
I urge my colleagues to support our military men and women and their
families and to support this bill.
Mr. SMITH of Washington. Mr. Chair, I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chair, I yield 2 minutes to the gentleman from
Oklahoma (Mr. Bridenstine), who is a member of the committee and who
also continues to be active in the Air National Guard.
Mr. BRIDENSTINE. I thank the chairman.
Mr. Chair, this defense authorization makes a huge down payment on
the readiness of our forces.
As a combat veteran, I have participated in the inter-deployment
training cycles that are getting ready to deploy. I have seen the force
regeneration process. I have seen it during good times, and I have seen
it during bad times.
Personally, as a Navy reservist, most recently, I saw a very steep
decline in readiness when my squadron got eliminated. The VAW-77, the
Nightwolves, got completely eliminated when I was a Navy reservist. We
busted about $2 billion worth of cocaine every year on the high seas.
Now that cocaine comes into the country, and $2 billion worth of cash
funds transnational criminal organizations in northern Mexico and in
Central and South America. That is what happens when we have defense
cuts the way we have had recently.
In fact, I will tell you that our remaining forces still face
significant shortfalls and disruptions to time-tested training and
deployment cycles. The OPTEMPO back home is almost more intense than an
overseas deployment,
[[Page H2465]]
but the resources are simply not available. Pilots are flying the bare
minimum flight hours to stay qualified, and our maintainers and our
depots can't keep up. As a warfighter, I can attest that this will
break our force.
The important thing about this bill, this defense authorization--and,
Mr. Chairman, it is why I am so grateful for your leadership and the
bipartisan support that we had from the ranking member, Mr. Smith--is
it makes a huge down payment on the readiness that is required to make
sure that the force we have remaining is not hollow, which is
critically important to the national security of this country.
I urge my colleagues to support this bill.
Mr. SMITH of Washington. Mr. Chair, I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chair, I yield 1 minute to the distinguished
gentlewoman from New York (Ms. Stefanik), the vice chairman of the
Subcommittee on Readiness.
Ms. STEFANIK. Mr. Chair, I am proud of the bipartisan work of the
House Committee on Armed Services on the FY17 National Defense
Authorization Act.
This legislation takes important steps to strengthen our defense
capabilities, and it gives our Armed Forces the resources they need to
keep us safe. Importantly, this bill works to stop the funding gaps
that are harming our military's readiness, and it includes a much-
deserved pay raise for our troops.
This bill contains an important initiative to ensure our land forces
will not be depleted as well as including some of my own initiatives--
the creation of a DOD social media cell to counter radical online
recruitment and maintain the edge in a 21st century battlefield. It
also includes the development of joint directed energy capabilities
between the United States and Israel.
I am proud to support this legislation, which passed in committee by
a bipartisan vote of 60-2, and I urge my colleagues to vote in favor of
this vital bill on the floor.
The CHAIR. The gentleman from Washington has 10 minutes remaining,
and the gentleman from Texas has 4 minutes remaining.
Mr. SMITH of Washington. Mr. Chair, I yield myself the balance of my
time.
I want to reiterate some of the points that were made during the
debate in the beginning of how important this bill is.
We do have many national security needs. I know you see the size of
the Department of Defense's budget, and there are certainly ways we can
save money. I think we have done that with acquisition reform and with
some of the other reforms that are contained in this bill.
It is also important to understand the threats that we face in the
world--the continuing threat of terrorism and the continuing threats
from nations like Russia, Iran, North Korea, and China. We need to be
prepared to counter those threats if we are going to have a peaceful
and stable world.
Nonetheless, I think we still have the budget problem that I alluded
to earlier, and that is that we do not have the money that we would
like to have. It is not just for defense; it is for a lot of domestic
priorities as well. In the way this bill is set up, it creates the
possibility that we will take an additional $18 billion for defense.
How does that balance against our other priorities?
We have to figure out how to make our budget balance and meet the
priorities domestically while also meeting the national security
priorities because our infrastructure is critical to our national
security as well. We have to remain strong economically as a country.
In addition to that, it is not just the Department of Defense that
provides for our security. There is the Department of Homeland
Security, certainly, in the intelligence budget; the Department of
Treasury; the Department of Justice. A lot of pieces to that puzzle are
necessary, and they all get shortchanged if we don't take into account
their needs as well.
Mr. Chair, I yield back the balance of my time.
Mr. THORNBERRY. Mr. Chair, I yield myself the balance of my time.
As usual, I largely agree with many of the comments made by Mr.
Smith. I think he is exactly right when he discusses the many complex,
dangerous threats that face the United States at this point. I think he
is also right that we all have to put the Federal budget--but
especially the military budget--on a more stable, predictable footing.
I absolutely agree with him on those points.
At the same time, we have an immediate need, one in which lives are
at stake. Mr. Chair, let me just offer the fact that the Air Force is
currently short 4,000 maintainers and more than 700 pilots.
Another fact: in fiscal year 2015, the Navy had a backlog of 11
planes in depot. In fiscal year 2017, they are going to have 278 planes
backlogged in the Navy depots. Less than one-third of the Army is now
ready to meet the requirements of the defense strategic guidance.
We can't just turn away and say: Oh, we don't like this budget
approach, so we are willing to live with all of those problems.
We have to deal with them. That is what this bill tries to do.
Mr. Chair, by the way, if we take away the $18 billion that we try to
put to readiness issues, then a lot of the things that the Members have
asked for go away.
I have before me, for example, a letter that has been signed by a
number of House and Senate Members who ask for new Black Hawks this
year. The fact is the President did not request any Black Hawks in his
budget request. Currently, too many of our military folks are flying
Black Hawks that were made in 1979. They can't get the parts for them.
They can't even fly them in a lot of the circumstances because of the
restrictions on these helicopters. So we look to the Army's unfunded
requirements' list of the things they would like to have had that were
stripped out by the administration, and we put into this bill 36 new
Black Hawks. That is the way you deal with a lot of these readiness
problems, is you replace the 1979 helicopter with a 2016 helicopter. We
do that in this bill, but if we take away the approach that we have
here to meet the readiness requirements, all of those Black Hawks go
away.
I also have letters from Members who ask for the third littoral
combat ship. We were only able to do that because of the $18 billion. I
have a letter signed by a number of Members to increase the U.S.-
Israeli cooperative missile defense. Again, if our approach is not
used, which some people on the other side are critical of, that funding
goes away. It doesn't just come out of the air.
Mr. Chair, my point is we have an immediate problem. This bill tries
to deal with the immediate problem that is affecting the men and women
who serve our country today. Is it perfect? Of course not, but I have
yet to hear of a better alternative that meets these needs and can pass
the House.
Mr. Chair, just to reiterate, the other point is this is exactly the
same approach that was used in the last administration. It is curious
to me that some people who wanted to give President Obama a chance of a
fresh look of the deployments which he found when he came into office
now want to deny the same possibility for the next President, whoever
he or she may be. We take exactly the approach that was used under
Speaker Pelosi and Majority Leader Harry Reid in 2008, and we apply it
to the next transition. I think that is what makes sense because that
is what enables us to deal today with the readiness problems that
threaten our military. I hope all Members will support this bill.
I yield back the balance of my time.
Mr. THORNBERRY. Mr. Chair, I ask that the following exchange of
letters be submitted on H.R. 4909:
Committee on Transportation and Infrastructure, House of
Representatives,
Washington, DC, April 28, 2016.
Hon. William M. ``Mac'' Thornberry,
Chairman, Committee on Armed Services, House of
Representatives, Washington, DC.
Dear Chairman Thornberry: I write concerning H.R. 4909, the
National Defense Authorization Act for Fiscal Year 2017, as
amended. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Transportation and Infrastructure.
However, in order to expedite this legislation for Floor
consideration, the Committee will forgo action on this bill.
This, of course, is conditional on our mutual understanding
that forgoing consideration of the bill does
[[Page H2466]]
not prejudice the Committee with respect to the appointment
of conferees or to any future jurisdictional claim over the
subject matters contained in the bill or similar legislation
that fall within the Committee's Rule X jurisdiction. I
request you urge the Speaker to name members of the Committee
to any conference committee named to consider such
provisions.
Please place a copy of this letter and your response
acknowledging our jurisdictional interest into the committee
report on H.R. 4909 and into the Congressional Record during
consideration of the measure on the House floor.
Sincerely,
Bill Shuster,
Chairman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, May 3, 2016.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
4909, the National Defense Authorization Act for Fiscal Year
2017. I agree that the Committee on Transportation and
Infrastructure has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision not to request a referral in
the interest of expediting consideration of the bill. I agree
that by foregoing a sequential referral, the Committee on
Transportation and Infrastructure is not waiving its
jurisdiction. Further, this exchange of letters will be
included in the committee report on the bill.
Sincerely,
William M. ``Mac'' Thornberry,
Chairman.
____
House of Representatives, Committee on Oversight and
Government Reform,
Washington, DC, April 28, 2016.
Hon. William M. ``Mac'' Thornberry,
Chairman, Committee on Armed Services, House of
Representatives, Washington, DC.
Dear Mr. Thornberry: I am writing to you concerning the
jurisdictional interest of the Committee on Oversight and
Government Reform in matters being considered in H.R. 4909,
the National Defense Authorization Act for Fiscal Year 2017.
Our committee recognizes the importance of H.R. 4909 and
the need for the legislation to move expeditiously.
Therefore, while we have a valid claim to jurisdiction over
the bill, I do not intend to request a sequential referral.
This, of course, is conditional on our mutual understanding
that nothing in this legislation or my decision to forego a
sequential referral waives, reduces, or otherwise affects the
jurisdiction of the Committee on Oversight and Government
Reform, and that a copy of this letter and your response
acknowledging our jurisdictional interest will be included in
the Committee Report and as part of the Congressional Record
during consideration of this bill by the House.
The Committee on Oversight and Government Reform also asks
that you support our request to be conferees on the
provisions over which we have jurisdiction during any House-
Senate conference.
Thank you for your consideration in this matter.
Sincerely,
Jason Chaffetz,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, May 3, 2016.
Hon. Jason Chaffetz,
Chairman, Committee on Oversight and Government Reform, House
of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
4909, the National Defense Authorization Act for Fiscal Year
2017. I agree that the Committee on Oversight and Government
Reform has valid jurisdictional claims to certain provisions
in this important legislation, and I am most appreciative of
your decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Oversight
and Government Reform is not waiving its jurisdiction.
Further, this exchange of letters will be included in the
committee report on the bill.
Sincerely,
William M. ``Mac'' Thornberry,
Chairman.
____
House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, April 28, 2016.
Hon. William M. ``Mac'' Thornberry,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Chairman: I am writing concerning H.R. 4909, the
``National Defense Authorization Act for Fiscal Year 2017,''
which your Committee ordered reported on April 28, 2016.
H.R. 4909 contains provisions within the Committee on
Science, Space, and Technology's Rule X jurisdiction. As a
result of your having consulted with the Committee and in
order to expedite this bill for floor consideration, the
Committee on Science, Space, and Technology will forego
action on the bill. This is being done on the basis of our
mutual understanding that doing so will in no way diminish or
alter the jurisdiction of the Committee on Science, Space,
and Technology with respect to the appointment of conferees,
or to any future jurisdictional claim over the subject
matters contained in the bill or similar legislation.
I would appreciate your response to this letter confirming
this understanding, and would request that you include a copy
of this letter and your response in the Congressional Record
during the floor consideration of this bill. Thank you in
advance for your cooperation.
Sincerely,
Lamar Smith,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, May 3, 2016.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology, House
of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
4909, the National Defense Authorization Act for Fiscal Year
2017. I agree that the Committee on Science, Space, and
Technology has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision not to request a referral in
the interest of expediting consideration of the bill. I agree
that by foregoing a sequential referral, the Committee on
Science, Space, and Technology is not waiving its
jurisdiction. Further, this exchange of letters will be
included in the committee report on the bill.
Sincerely,
William M. ``Mac'' Thornberry,
Chairman.
____
House of Representatives,
Committee on Small Business,
Washington, DC, April 28, 2016.
Hon. William M. ``Mac'' Thornberry,
Chairman, Committee on Armed Services, House of
Representatives, Washington, DC.
Dear Chairman Thornberry: I am writing to you concerning
the bill H.R. 4909, the National Defense Authorization Act
for Fiscal Year 2017. There are certain provisions in the
legislation which fall within the jurisdiction of the
Committee on Small Business pursuant to Rule X(q) of the
House of Representatives.
In the interest of permitting the Committee on Armed
Services to proceed expeditiously to floor consideration of
this important bill, I am willing to waive the right of the
Committee on Small Business to sequential referral. I do so
with the understanding that by waiving consideration of the
bill, the Committee on Small Business does not waive any
future jurisdictional claim over the subject matters
contained in the bill which fall within its Rule X(q)
jurisdiction, including future bills that the Committee on
Armed Services will consider.
I request that you urge the Speaker to appoint members of
this Committee to any conference committee which is named to
consider such provisions. Please place this letter into the
committee report on H.R. 4909 and into the Congressional
Record during consideration of the measure on the House
floor.
Thank you for the cooperative spirit in which you have
worked regarding this issue and others between our respective
committees. If you have any questions, please contact Jan
Oliver, Chief Counsel to the Committee.
Sincerely,
Steve Chabot,
Chairman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, May 3, 2016.
Hon. Steve Chabot,
Chairman, Committee on Small Business, House of
Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
4909, the National Defense Authorization Act for Fiscal Year
2017. I agree that the Committee on Small Business has valid
jurisdictional claims to certain provisions in this important
legislation, and I am most appreciative of your decision not
to request a referral in the interest of expediting
consideration of the bill. I agree that by foregoing a
sequential referral, the Committee on Small Business is not
waiving its jurisdiction. Further, this exchange of letters
will be included in the committee report on the bill.
Sincerely,
William M. ``Mac'' Thornberry,
Chairman.
Ms. JACKSON LEE. Mr. Chair, I rise to speak on House consideration of
the National Defense Authorization Act for Fiscal Year 2017.
I thank Chairman Thornberry and Ranking Member Smith and the Armed
Services Committee for their work on the National Defense Authorization
Act for Fiscal Year 2015.
As a senior member of the House Committee on Homeland Security, I
take our role in Congress as stewards of our nation's security
seriously.
I offer my thanks and appreciation to the men and women of the armed
services who place themselves in harm's way each day for the safety and
security of our nation's people.
The National Defense Authorization Act's purpose is to address the
threats our nation
[[Page H2467]]
must deal with not just today, but into the future. This makes our work
vital to our national interest and it should reflect our strong
commitment to ensure that the men and women of our Armed Services
receive the benefits and support that they deserve for their faithful
service.
This is the 54th consecutive National Defense Authorization Act,
which speaks to the long term commitment of the Congress and successive
Administrations to provide for National Defense.
This bill encompasses a number of initiatives designed to confront
the military challenges posed by violent extremism, terrorists engaging
in ground wars, making more efficient the work of protecting America,
addresses the medical health needs of men and women in the armed
services, and extends economic and education opportunity to small
minority and women owned businesses.
We do live in a dangerous world, where threats are not always easily
identifiable, and our enemies are not bound by borders.
Boko Haram, ISIL, and Al Shabaab remind us of how fragile our
nation's security could be without a well trained and equipped
military.
I appreciate the House Armed Services Committee's continued support
of our national defense and support a number of provisions in H.R.
1735, the National Defense Authorization Act for Fiscal Year (FY) 2016,
such as authorities that support ongoing operations.
The Administration also appreciates much of the work of the
committee, but is expressing strong objections because the bill:
Redirects $18 billion in funding intended for use in defeating ISIL to
base budget programs; Extends operations at Guantanamo Bay, Cuba;
Increases costs of the TRICARE administration; Prohibits the retiring
or inactivation of Ticonderoga-Class cruisers or dock landing ships;
Reduces by $250 million the Counterterrorism Partnership Fund; Bars the
administration from making sure that companies that break United States
labor laws are not rewarded; Prohibition on the use of funds for
Countering Weapons of Mass Production; and Eliminates for the
Department of Defense's Joint Urgent Operational Needs Fund.
Although the Administration points out areas of agreement with the
Committee, the Administration strongly objects to several provisions in
the bill.
The opportunity to amend the bill will offer an opportunity to
address these and other Administration concerns that will improve the
bill.
Congress should authorize sufficient funding for our military's
priorities, and avoid using the Overseas Contingency Operations (OCO)
funding in ways that leaders of both parties over the years have made
clear is inappropriate.
The final bill considered by the Congress should adopt many of the
needed force structure and weapons system reforms that have been
identified by military leaders and experts.
As written the President's senior advisors would recommend that he
veto this bill.
It is my hope that the Rules Committee will make in order a number of
perfecting amendments for consideration under the Rule for H.R. 4909.
I have amendments that have been offered for consideration of H.R.
4909.
Let me discuss briefly the amendments I offered that were adopted by
the House and included in the final version of the bill.
Jackson Lee Amendment Number 1 calls for increased collaboration with
NIH to combat Triple Negative Breast Cancer.
Jackson Lee Amendment Number 2 provides authorization for $2.5
million increase in funding to combat post-traumatic stress disorder
(PTSD).
Jackson Lee Amendment Number 3 condemns the actions of Boko Haram and
urges the Commander-in-Chief to ensure accountability for crimes
against humanity committed by Boko Haram against the Nigerian people.
Jackson Lee Amendment Number 4 authorizes the Secretary of Defense to
work with local security partners in facilitating the provision of
security at civilian nuclear research centers in educational
institutions to ascertain that nuclear weapons do not end up in the
hands of terrorists, in promotion of the United States' and its allies'
security interests.
Jackson Lee Amendment Number 5 authorizes the Secretary of Defense to
work with local and international security partners, innovators, law
enforcement, and other civil society organizations in the provision of
technical assistance for the creation, facilitation and implementation
of a technological app designed to enable the location, protection and
tracking of missing persons, refugees, returnees and internally
displaced persons.
Jackson Lee Amendment Number 6 directs Secretary of the Navy to
submit report to Congress on the feasibility of applying desalinization
technologies to provide drought relief in areas impacted by sharp
declines in water availability for both military as well as civilian
purposes.
Jackson Lee Amendment Number 7 authorizes the Secretary of Defense to
provide technical assistance to local and international security
partners in the provision of security and protection for activists and
civil society organizations advocating for and promoting freedom of
religion, education, press expression and personal expression.
Jackson Lee Amendment Number 8 directs Secretary of Defense to
conduct study and submit to Congress report regarding the awarding of
secret and top secret security clearances to better understand the
process for awarding clearances in effective and fair.
Jackson Lee Amendment Number 9 requires outreach for small business
concerns owned and controlled by women and minorities required before
conversation of certain functions to contractor performance.
Jackson Lee Amendment Number 10 expresses the sense of Congress
regarding the importance of increasing the effectiveness of the
Northern Command (``NORTHCOM'') in fulfilling its critical mission of
protecting the U.S. homeland in event of war and to provide support to
local, state, and federal authorities in times of national emergency.
Jackson Lee Amendment Number 11 requires the Government
Accountability Office to include in its annual report to Congress a
list of the most common grounds for sustaining protests related to bids
for contracts.
Jackson Lee Amendment Number 12 directs the Secretary of Defense to
report to Congress on the Department's ability to support the rapid
development, production and deployment of vaccines or treatments of
emerging tropical diseases, like the Zika and Ebola viruses, to protect
the men and women of the armed forces and their families.
We must continue to direct our efforts as a body to ensure that our
troops remain the best equipped and prepared military force in the
world. They are not just soldiers they are sons and daughters, husbands
and wives, brothers and sisters--they are some of the people we
represent as members of Congress.
Support of our men and women in uniform is a sacred obligation of
Congress both to those who are at risk on battle fields and serving as
the guard against threats around the world, but they are also those who
have returned home from war.
I look forward to the inclusion of the Jackson Lee Amendments and
others that will improve the underlying bill.
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
In lieu of the amendment in the nature of a substitute recommended by
the Committee on Armed Services, printed in the bill, an amendment in
the nature of a substitute, consisting of the text of Rules Committee
print 114-51, modified by the amendment printed in part A of House
Report 114-569, shall be considered as adopted.
The bill, as amended, shall be considered as the original bill for
the purpose of further amendment under the 5-minute rule and shall be
considered as read.
The text of the bill, as amended, is as follows:
H.R. 4909
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2017''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into five divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--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.
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.
[[Page H2468]]
Sec. 124. Design and construction of replacement dock landing ship
designated LX(R) or amphibious transport dock designated
LPD-29.
Sec. 125. Ship to shore connector program.
Sec. 126. Limitation on availability of funds for Littoral Combat Ship
or successor frigate.
Subtitle D--Air Force Programs
Sec. 131. Elimination of annual report on aircraft inventory.
Sec. 132. Repeal of requirement to preserve certain retired C-5
aircraft.
Sec. 133. Repeal of requirement to preserve certain retired F-117
aircraft.
Sec. 134. Prohibition on availability of funds for retirement of A-10
aircraft.
Sec. 135. Prohibition on availability of funds for retirement of Joint
Surveillance Target Attack Radar System aircraft.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Termination of quarterly reporting on use of combat mission
requirements funds.
Sec. 142. Fire suppressant and fuel containment standards for certain
vehicles.
Sec. 143. Report on Department of Defense munitions strategy for the
combatant commands.
Sec. 144. Comptroller General review of F-35 Lightning II aircraft
sustainment support.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Laboratory quality enhancement program.
Sec. 212. Mechanisms to provide funds for defense laboratories for
research and development of technologies for military
missions.
Sec. 213. Notification requirement for certain rapid prototyping,
experimentation, and demonstration activities.
Sec. 214. Improved biosafety for handling of select agents and toxins.
Sec. 215. Modernization of security clearance information technology
architecture.
Sec. 216. Prohibition on availability of funds for countering weapons
of mass destruction system Constellation.
Sec. 217. Limitation on availability of funds for Defense Innovation
Unit Experimental.
Sec. 218. Limitation on availability of funds for Tactical Combat
Training System Increment II.
Sec. 219. Restructuring of the distributed common ground system of the
Army.
Sec. 220. Designation of Department of Defense senior official with
principal responsibility for directed energy weapons.
Subtitle C--Reports and Other Matters
Sec. 231. Strategy for assured access to trusted microelectronics.
Sec. 232. Pilot program on evaluation of commercial information
technology.
Sec. 233. Pilot program for the enhancement of the laboratories and
test and evaluation centers of the Department of Defense.
Sec. 234. Pilot program on modernization of electromagnetic spectrum
warfare systems and electronic warfare systems.
Sec. 235. Independent review of F/A-18 physiological episodes and
corrective actions.
Sec. 236. Study on helicopter crash prevention and mitigation
technology.
Sec. 237. Report on electronic warfare capabilities.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Rule of construction regarding alternative fuel procurement
requirement.
Subtitle C--Logistics and Sustainment
Sec. 321. Pilot program for inclusion of certain industrial plants in
the Armament Retooling and Manufacturing Support
Initiative.
Sec. 322. Private sector port loading assessment.
Sec. 323. Limitation on availability of funds for Defense Contract
Management Agency.
Subtitle D--Reports
Sec. 331. Modification of annual Department of Defense energy
management reports.
Sec. 332. Report on equipment purchased from foreign entities and
authority to adjust Army arsenal labor rates.
Subtitle E--Other Matters
Sec. 341. Explosive Ordnance Disposal Corps.
Sec. 342. Explosive ordnance disposal program.
Sec. 343. Expansion of definition of structures interfering with air
commerce and national defense.
Sec. 344. Development of personal protective equipment for female
Marines and soldiers.
Sec. 345. Study on space-available travel system of the Department of
Defense.
Sec. 346. Supply of specialty motors from certain manufacturers.
Sec. 347. Limitation on use of certain funds until establishment and
implementation of required process by which members of
the Armed Forces may carry appropriate firearms on
military installations.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2017 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 416. Sense of Congress on full-time support for the Army National
Guard.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Number of Marine Corps general officers.
Sec. 502. Equal consideration of officers for early retirement or
discharge.
Sec. 503. Modification of authority to drop from rolls a commissioned
officer.
Subtitle B--Reserve Component Management
Sec. 511. Extension of removal of restrictions on the transfer of
officers between the active and inactive National Guard.
Sec. 512. Extension of temporary authority to use Air Force reserve
component personnel to provide training and instruction
regarding pilot training.
Sec. 513. Limitations on ordering Selected Reserve to active duty for
preplanned missions in support of the combatant commands.
Sec. 514. Exemption of military technicians (dual status) from civilian
employee furloughs.
Subtitle C--General Service Authorities
Sec. 521. Technical correction to annual authorization for personnel
strengths.
Sec. 522. Entitlement to leave for adoption of child by dual military
couples.
Sec. 523. Revision of deployability rating system and planning reform.
Sec. 524. Expansion of authority to execute certain military
instruments.
Sec. 525. Technical correction to voluntary separation pay and
benefits.
Sec. 526. Annual notice to members of the Armed Forces regarding child
custody protections guaranteed by the Servicemembers
Civil Relief Act.
Sec. 527. Pilot program on consolidated Army recruiting.
Sec. 528. Application of military selective service registration and
conscription requirements to female citizens and
residents of the United States between the ages of 18 and
26.
Sec. 529. Parental leave for members of the Armed Forces.
Subtitle D--Military Justice, Including Sexual Assault and Domestic
Violence Prevention and Response
Sec. 541. Expedited reporting of child abuse and neglect to State Child
Protective Services.
Sec. 542. Extension of the requirement for annual report regarding
sexual assaults and coordination with release of family
advocacy report.
Sec. 543. Requirement for annual family advocacy program report
regarding child abuse and domestic violence.
Sec. 544. Improved Department of Defense prevention of and response to
hazing in the Armed Forces.
Sec. 545. Burdens of proof applicable to investigations and reviews
related to protected communications of members of the
Armed Forces and prohibited retaliatory actions.
Sec. 546. Improved investigation of allegations of professional
retaliation.
Subtitle E--Member Education, Training, and Transition
Sec. 561. Revision to quality assurance of certification programs and
standards.
Sec. 562. Establishment of ROTC cyber institutes at senior military
colleges.
Sec. 563. Military-to-mariner transition.
Sec. 564. Employment authority for civilian faculty at certain military
department schools.
Sec. 565. Revision of name on military service record to reflect change
in name of a member of the Army, Navy, Air Force, or
Marine Corps, after separation from the Armed Forces.
Sec. 566. Direct employment pilot program for members of the National
Guard and Reserve.
Sec. 567. Prohibition on establishment, maintenance, or support of
Senior Reserve Officers' Training Corps units at
educational institutions that display Confederate battle
flag.
[[Page H2469]]
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
Sec. 571. Continuation of authority to assist local educational
agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees.
Sec. 572. Support for programs providing camp experience for children
of military families.
Subtitle G--Decorations and Awards
Sec. 581. Review regarding award of Medal of Honor to certain Asian
American and Native American Pacific Islander war
veterans.
Sec. 582. Authorization for award of medals for acts of valor.
Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose
for acts of valor during the Vietnam War.
Sec. 584. Authorization for award of the Medal of Honor to Charles S.
Kettles for acts of valor during the Vietnam War.
Subtitle H--Miscellaneous Reports and Other Matters
Sec. 591. Burial of cremated remains in Arlington National Cemetery of
certain persons whose service is deemed to be active
service.
Sec. 592. Representation from members of the Armed Forces on boards,
councils, and committees making recommendations relating
to military personnel issues.
Sec. 593. Body mass index test.
Sec. 594. Preseparation counseling regarding options for donating brain
tissue at time of death for research.
Sec. 595. Recognition of the expanded service opportunities available
to female members of the Armed Forces and the long
service of women in the Armed Forces.
Sec. 596. Sense of Congress regarding plight of male victims of
military sexual trauma.
Sec. 597. Sense of Congress regarding section 504 of title 10, United
States Code, on existing authority of the Department of
Defense to enlist individuals, not otherwise eligible for
enlistment, whose enlistment is vital to the national
interest.
Sec. 598. Protection of Second Amendment Rights of Military Families.
Sec. 599. Pilot program on advanced technology for alcohol abuse
prevention.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Annual adjustment of monthly basic pay.
Sec. 602. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain
circumstances.
Sec. 603. Prohibition on per diem allowance reductions based on the
duration of temporary duty assignment or civilian travel
.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of
other title 37 bonuses and special pays.
Sec. 616. Increase in maximum amount of aviation special pays for
flying duty.
Sec. 617. Conforming amendment to consolidation of special pay,
incentive pay, and bonus authorities.
Sec. 618. Technical and clerical amendments relating to 2008
consolidation of certain special pay authorities.
Sec. 619. Combat-related special compensation coordinating amendment.
Subtitle C--Disability, Retired Pay, and Survivor Benefits
Sec. 621. Separation determinations for members participating in Thrift
Savings Plan.
Sec. 622. Continuation pay for full Thrift Savings Plan members who
have completed 8 to 12 years of service.
Sec. 623. Special survivor indemnity allowance.
Sec. 624. Equal benefits under Survivor Benefit Plan for survivors of
reserve component members who die in the line of duty
during inactive-duty training.
Sec. 625. Use of member's current pay grade and years of service,
rather than final retirement pay grade and years of
service, in a division of property involving disposable
retired pay.
Subtitle D--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
Sec. 631. Protection and enhancement of access to and savings at
commissaries and exchanges.
Subtitle E--Travel and Transportation Allowances and Other Matters
Sec. 641. Maximum reimbursement amount for travel expenses of members
of the Reserves attending inactive duty training outside
of normal commuting distances.
Sec. 642. Statute of limitations on Department of Defense recovery of
amounts owed to the United States by members of the
uniformed services, including retired and former members.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Reform of TRICARE and Military Health System
Sec. 701. TRICARE Preferred and other TRICARE reform.
Sec. 702. Reform of administration of the Defense Health Agency and
military medical treatment facilities.
Sec. 703. Military medical treatment facilities.
Sec. 704. Access to urgent care under TRICARE program.
Sec. 705. Access to primary care clinics at military medical treatment
facilities.
Sec. 706. Incentives for value-based health under TRICARE program.
Sec. 707. Improvements to military-civilian partnerships to increase
access to health care and readiness.
Sec. 708. Joint Trauma System.
Sec. 709. Joint Trauma Education and Training Directorate.
Sec. 710. Improvements to access to health care in military medical
treatment facilities.
Sec. 711. Adoption of core quality performance metrics.
Sec. 712. Study on improving continuity of health care coverage for
Reserve Components.
Subtitle B--Other Health Care Benefits
Sec. 721. Provision of hearing aids to dependents of retired members.
Sec. 722. Extended TRICARE program coverage for certain members of the
National Guard and dependents during certain disaster
response duty.
Subtitle C--Health Care Administration
Sec. 731. Prospective payment of funds necessary to provide medical
care for the Coast Guard.
Subtitle D--Reports and Other Matters
Sec. 741. Mental health resources for members of the military services
at high risk of suicide.
Sec. 742. Research of chronic traumatic encephalopathy.
Sec. 743. Active oscillating negative pressure treatment.
Sec. 744. Long-term study on health of helicopter and tiltrotor pilots.
Sec. 745. Pilot program for prescription drug acquisition cost parity
in the TRICARE pharmacy benefits program.
Sec. 746. Study on display of wait times at urgent care clinics,
pharmacies, and emergency rooms of military medical
treatment facilities.
Sec. 747. Report on feasibility of including acupuncture and
chiropractic services for retirees under TRICARE program.
Sec. 748. Clarification of submission of reports on longitudinal study
on traumatic brain injury.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Revision to authorities relating to Department of Defense
Test Resource Management Center.
Sec. 802. Amendments to restrictions on undefinitized contractual
actions.
Sec. 803. Revision to requirements relating to inventory method for
Department of Defense contracts for services.
Sec. 804. Procurement of personal protective equipment.
Sec. 805. Revision to effective date of senior executive benchmark
compensation for allowable cost limitations.
Sec. 806. Amendments related to detection and avoidance of counterfeit
electronic parts.
Sec. 807. Amendments to special emergency procurement authority.
Sec. 808. Compliance with domestic source requirements for footwear
furnished to enlisted members of the Armed Forces upon
their initial entry into the Armed Forces.
Sec. 809. Requirement for policies and standard checklist in
procurement of services.
Sec. 810. Extension of limitation on aggregate annual amount available
for contract services.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Change in date of submission to Congress of Selected
Acquisition Reports.
Sec. 812. Amendments relating to independent cost estimation and cost
analysis.
Sec. 813. Revisions to Milestone B determinations.
Sec. 814. Review and report on sustainment planning in the acquisition
process.
Sec. 815. Revision to distribution of annual report on operational test
and evaluation.
Subtitle C--Provisions Relating to Commercial Items
Sec. 821. Revision to definition of commercial item.
Sec. 822. Market research for determination of price reasonableness in
acquisition of commercial items.
[[Page H2470]]
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.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Goldwater-Nichols Reform
Sec. 901. Sense of Congress on Goldwater-Nichols Reform.
Sec. 902. Repeal of Defense Strategy Review.
Sec. 903. Commission on the National Defense Strategy for the United
States.
Sec. 904. Reform of defense strategic and policy guidance.
Sec. 905. Reform of the national military strategy.
Sec. 906. Modification to independent study of national security
strategy formulation process.
Sec. 907. Term of office for the Chairman of the Joint Chiefs of Staff.
Sec. 908. Responsibilities of the Chairman of the Joint Chiefs of Staff
relating to operations.
Sec. 909. Assigned forces within the continental United States.
Sec. 910. Reduction in general officer and flag officer grades and
positions.
Sec. 911. Establishment of unified combatant command for cyber
operations.
Sec. 912. Revision of requirements relating to length of joint duty
assignments.
Sec. 913. Revision of definitions used for joint officer management.
Sec. 914. Independent assessment of combatant command structure.
Subtitle B--Other Matters
Sec. 921. Modifications to corrosion report.
Sec. 922. Authority to employ civilian faculty members at Joint Special
Operations University.
Sec. 923. Guidelines for conversion of functions performed by civilian
or contractor personnel to performance by military
personnel.
Sec. 924. Public release by Inspectors General of reports of
misconduct.
Sec. 925. Modifications to requirements for accounting for members of
the Armed Forces and Department of Defense civilian
employees listed as missing.
Subtitle C--Department of the Navy and Marine Corps
Sec. 931. Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.
Sec. 932. Conforming amendments to title 10, United States Code.
Sec. 933. Other provisions of law and other references.
Sec. 934. Effective date.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Requirement to transfer funds from Department of Defense
Acquisition Workforce Development Fund to the Treasury.
Subtitle B--Counter-Drug Activities
Sec. 1011. Extension of authority to provide additional support for
counter-drug activities of foreign governments.
Sec. 1012. Secretary of Defense review of curricula and program
structures of National Guard counterdrug schools.
Sec. 1013. Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Definition of short-term work with respect to overhaul,
repair, or maintenance of naval vessels.
Sec. 1022. Warranty requirements for shipbuilding contracts.
Sec. 1023. National Sea-Based Deterrence Fund.
Sec. 1024. Availability of funds for retirement or inactivation of
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.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Expanded authority for transportation by the Department of
Defense of non-Department of Defense personnel and cargo.
Sec. 1042. Limitation on retirement, deactivation, or decommissioning
of mine countermeasures ships.
Sec. 1043. Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance.
Sec. 1044. Evaluation of Navy alternate combination cover and unisex
combination cover.
Sec. 1045. Department of Defense protection of national security
spectrum.
Sec. 1046. Transportation on military aircraft on a space-available
basis for members and former members of the Armed Forces
with disabilities rated as total.
Sec. 1047. National Guard flyovers of public events.
Subtitle F--Studies and Reports
Sec. 1061. Temporary continuation of certain Department of Defense
reporting requirements.
Sec. 1062. Matters for inclusion in report on designation of countries
for which rewards may be paid under Department of Defense
rewards program.
Sec. 1063. Congressional notification of biological select agent and
toxin theft, loss, or release involving the Department of
Defense.
Sec. 1064. Report on service-provided support to United States special
operations forces.
Sec. 1065. Report on citizen security responsibilities in the Northern
Triangle of Central America.
Sec. 1066. Report on counterproliferation activities and programs.
Sec. 1067. Inclusion of ballistic missile defense information in annual
report on requirements of combatant commands.
Sec. 1068. Reviews by Department of Defense concerning national
security use of spectrum.
Sec. 1069. Annual report on personnel, training, and equipment
requirements for the non-Federalized National Guard to
support civilian authorities in prevention and response
to domestic disasters.
Subtitle G--Other Matters
Sec. 1081. Technical and clerical amendments.
Sec. 1082. Modification to support for non-Federal development and
testing of material for chemical agent defense.
Sec. 1083. Increase in maximum amount available for equipment,
services, and supplies provided for humanitarian demining
assistance.
Sec. 1084. Liquidation of unpaid credits accrued as a result of
transactions under a cross-servicing agreement.
Sec. 1085. Clarification of contracts covered by airlift service
provision.
Sec. 1086. National biodefense strategy.
Sec. 1087. Global Cultural Knowledge Network.
Sec. 1088. Modification of requirements relating to management of
military technicians.
Sec. 1089. Sense of Congress regarding Connecticut's Submarine Century.
Sec. 1090. LNG permitting certainty and transparency.
Sec. 1091. Sense of Congress regarding the reporting of the MV-22
mishap in Marana, Arizona, on April 8, 2000.
Sec. 1092. Transfer of surplus firearms to corporation for the
promotion of rifle practice and firearms safety.
Sec. 1093. Sense of Congress regarding the importance of Panama City,
Florida, to the history and future of the armed forces.
Sec. 1094. Protections relating to civil rights and disabilities.
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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.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Temporary direct hire authority for domestic defense
industrial base facilities and the Major Range and Test
Facilities Base.
Sec. 1102. Temporary personnel flexibilities for domestic defense
industrial base facilities and Major Range and Test
Facilities Base civilian personnel.
Sec. 1103. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone.
Sec. 1104. Advance payments for employees relocating within the United
States and its territories.
Sec. 1105. Permanent authority for alternative personnel program for
scientific and technical personnel.
Sec. 1106. Modification to information technology personnel exchange
program.
Sec. 1107. Treatment of certain localities for calculation of per diem
allowances.
Sec. 1108. Eligibility of employees in a time-limited appointment to
compete for a permanent appointment at any Federal
agency.
Sec. 1109. Limitation on administrative leave.
Sec. 1110. Record of investigation of personnel action in separated
employee's official personnel file.
Sec. 1111. Review of official personnel file of former Federal
employees before rehiring.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. One-year extension of logistical support for coalition
forces supporting certain United States military
operations.
Sec. 1202. Extension of authority for training of general purpose
forces of the United States Armed Forces with military
and other security forces of friendly foreign countries.
Sec. 1203. Modification and extension of authority to conduct
activities to enhance the capability of foreign countries
to respond to incidents involving weapons of mass
destruction.
Sec. 1204. Extension of authority for support of special operations to
combat terrorism.
Sec. 1205. Modification and codification of reporting requirements
relating to security cooperation authorities.
Sec. 1206. Independent assessment of Department of Defense security
cooperation programs.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of Commanders' Emergency Response
Program.
Sec. 1212. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1213. Extension of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan.
Sec. 1214. Extension of authority to transfer defense articles and
provide defense services to the military and security
forces of Afghanistan.
Sec. 1215. Sense of Congress on United States policy and strategy in
Afghanistan.
Sec. 1216. Special immigrant status for certain Afghans.
Subtitle C--Matters Relating to Syria and Iraq
Sec. 1221. Modification and extension of authority to provide
assistance to the vetted Syrian opposition.
Sec. 1222. Modification and extension of authority to provide
assistance to counter the Islamic State of Iraq and the
Levant.
Sec. 1223. Extension and modification of authority to support
operations and activities of the Office of Security
Cooperation in Iraq.
Sec. 1224. Report on prevention of future terrorist organizations in
Iraq and Syria.
Sec. 1225. Semiannual report on integration of political and military
strategies against ISIL.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1231. Limitation on use of funds to approve or otherwise permit
approval of certain requests by Russian Federation under
Open Skies Treaty.
Sec. 1232. Military response options to Russian Federation violation of
INF Treaty.
Sec. 1233. Limitation on military cooperation between the United States
and the Russian Federation.
Sec. 1234. Statement of policy on United States efforts in Europe to
reassure United States partners and allies and deter
aggression by the Government of the Russian Federation.
Sec. 1235. Modification of Ukraine security assistance initiative.
Sec. 1236. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1237. Modification and extension of report on military assistance
to Ukraine.
Sec. 1238. Additional matters in annual report on military and security
developments involving the Russian Federation.
Subtitle E--Other Matters
Sec. 1241. Sense of Congress on malign activities of the Government of
Iran.
Sec. 1242. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1243. Sense of Congress on trilateral cooperation between Japan,
South Korea, and the United States.
Sec. 1244. Sense of Congress on cooperation between Singapore and the
United States.
Sec. 1245. Monitoring and evaluation of overseas humanitarian,
disaster, and civic aid programs of the Department of
Defense.
Sec. 1246. Enhancement of interagency support during contingency
operations and transition periods.
Sec. 1247. Two-year extension and modification of authorization of non-
conventional assisted recovery capabilities.
Sec. 1248. Authority to destroy certain specified World War II-era
United 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.
Subtitle F--Codification and Consolidation of Department of Defense
Security Cooperation Authorities
Sec. 1261. Enactment of new chapter for Department of Defense security
cooperation authorities and transfer of certain
authorities to new chapter.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on availability of funds for Cooperative Threat
Reduction in People's Republic of China.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Chemical Agents and Munitions Destruction, Defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
Sec. 1407. National Sea-Based Deterrence Fund.
Subtitle B--National Defense Stockpile
Sec. 1411. Authority to dispose of certain materials from and to
acquire additional materials for the National Defense
Stockpile.
Sec. 1412. Revisions to the Strategic and Critical Materials Stock
Piling Act.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health
Care Center, Illinois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose and treatment of certain authorizations of
appropriations.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1508. Defense Inspector General.
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.
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Subtitle C--Limitations, Reports, and Other Matters
Sec. 1531. Afghanistan Security Forces Fund.
Sec. 1532. Joint Improvised Explosive Device Defeat Fund.
Sec. 1533. Extension of authority to use Joint Improvised Explosive
Device Defeat Fund for training of foreign security
forces to defeat improvised explosive devices.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Rocket propulsion system to replace RD-180.
Sec. 1602. Exception to the prohibition on contracting with Russian
suppliers of rocket engines for the evolved expendable
launch vehicle program.
Sec. 1603. Analysis of alternatives for wide-band communications.
Sec. 1604. Modification to pilot program for acquisition of commercial
satellite communication services.
Sec. 1605. Space-based environmental monitoring.
Sec. 1606. Prohibition on use of certain non-allied positioning,
navigation, and timing systems.
Sec. 1607. Limitation of availability of funds for the Joint Space
Operations Center Mission System.
Sec. 1608. Space-based infrared system and advanced extremely high
frequency program.
Sec. 1609. Plans on transfer of acquisition and funding authority of
certain weather missions to National Reconnaissance
Office.
Sec. 1610. Pilot program on commercial weather data.
Sec. 1611. Organization and management of national security space
activities of the Department of Defense.
Sec. 1612. Review of charter of Operationally Responsive Space Program
Office.
Sec. 1613. Backup and complementary positioning, navigation, and timing
capabilities of Global Positioning System.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Limitation on availability of funds for intelligence
management.
Sec. 1622. Limitations on availability of funds for United States
Central Command Intelligence Fusion Center.
Sec. 1623. Limitation on availability of funds for Joint Intelligence
Analysis Complex.
Subtitle C--Cyberspace-Related Matters
Sec. 1631. Special emergency procurement authority to facilitate the
defense against or recovery from a cyber attack.
Sec. 1632. Change in name of National Defense University's Information
Resources Management College to College of Information
and Cyberspace.
Sec. 1633. Requirement to enter into agreements relating to use of
cyber opposition forces.
Sec. 1634. Limitation on availability of funds for cryptographic
systems and key management infrastructure.
Subtitle D--Nuclear Forces
Sec. 1641. Improvements to Council on Oversight of National Leadership
Command, Control, and Communications System.
Sec. 1642. Treatment of certain sensitive information by State and
local governments.
Sec. 1643. Procurement authority for certain parts of intercontinental
ballistic missile fuzes.
Sec. 1644. Prohibition on availability of funds for mobile variant of
ground-based strategic deterrent missile.
Sec. 1645. Limitation on availability of funds for extension of New
START Treaty.
Sec. 1646. Consolidation of nuclear command, control, and
communications functions of the Air Force.
Sec. 1647. Report on Russian and Chinese political and military
leadership survivability, command and control, and
continuity of government programs and activities.
Sec. 1648. Sense of Congress on importance of independent nuclear
deterrent of United Kingdom.
Subtitle E--Missile Defense Programs
Sec. 1651. Extensions of prohibitions relating to missile defense
information and systems.
Sec. 1652. Review of the missile defeat policy and strategy of the
United States.
Sec. 1653. Iron dome short-range rocket defense system and Israeli
cooperative missile defense program codevelopment and
coproduction.
Sec. 1654. Maximizing Aegis Ashore capability.
Sec. 1655. Technical authority for integrated air and missile defense
activities and programs.
Sec. 1656. Development and research of non-terrestrial missile defense
layer.
Sec. 1657. Hypersonic boost glide vehicle defense.
Sec. 1658. Limitation on availability of funds for Patriot lower tier
air and missile defense capability of the Army.
Sec. 1659. Limitation on availability of funds for conventional prompt
global strike weapons system.
Sec. 1660. Pilot program on loss of unclassified, controlled technical
information.
Sec. 1661. Review of Missile Defense Agency budget submissions for
ground-based midcourse defense and evaluation of
alternative ground-based interceptor deployments.
Sec. 1662. Declaratory policy, concept of operations, and employment
guidelines for left-of-launch capability.
Sec. 1663. Procurement of medium-range discrimination radar to improve
homeland missile defense.
Sec. 1664. Semiannual notifications on missile defense tests and costs.
Sec. 1665. National missile defense policy.
Sec. 1666. Sense of Congress on initial operating capability of phase 2
of European Phased Adaptive Approach to missile defense.
Subtitle F--Other Matters
Sec. 1671. Protection of certain facilities and assets from unmanned
aircraft.
Sec. 1672. Improvement of coordination by Department of Defense of
electromagnetic spectrum usage.
TITLE XVII--DEPARTMENT OF DEFENSE ACQUISITION AGILITY
Sec. 1701. Modular open system approach in development of major weapon
systems.
Sec. 1702. Development, prototyping, and deployment of weapon system
components or technology.
Sec. 1703. Cost, schedule, and performance of major defense acquisition
programs.
Sec. 1704. Transparency in major defense acquisition programs.
Sec. 1705. Amendments relating to technical data rights.
TITLE XVIII--MATTERS RELATING TO SMALL BUSINESS PROCUREMENT
Subtitle A--Improving Transparency and Clarity for Small Businesses
Sec. 1801. Plain language rewrite of requirements for small business
procurements.
Sec. 1802. Improving reporting on small business goals.
Sec. 1803. Transparency in small business goals.
Sec. 1804. Uniformity in procurement terminology.
Subtitle B--Clarifying the Roles of Small Business Advocates
Sec. 1811. Scope of review by procurement center representatives.
Sec. 1812. Responsibilities of Commercial Market Representatives.
Sec. 1813. Duties of the Office of Small and Disadvantaged Business
Utilization.
Sec. 1814. Improving contractor compliance.
Sec. 1815. Responsibilities of Business Opportunity Specialists.
Subtitle C--Strengthening Opportunities for Competition in
Subcontracting
Sec. 1821. Good faith in subcontracting.
Sec. 1822. Pilot program to provide opportunities for qualified
subcontractors to obtain past performance ratings.
Subtitle D--Mentor-Protege Programs
Sec. 1831. Amendments to the Mentor-Protege Program of the Department
of Defense.
Sec. 1832. Improving cooperation between the mentor-protege programs of
the Small Business Administration and the Department of
Defense.
Subtitle E--Women's Business Programs
Sec. 1841. Office of Women's Business Ownership.
Sec. 1842. Women's Business Center Program.
Sec. 1843. Matching requirements under Women's Business Center Program.
Subtitle F--SCORE Program
Sec. 1851. SCORE Reauthorization.
Sec. 1852. SCORE program.
Subtitle G--Miscellaneous Provisions
Sec. 1861. Improving education on small business regulations.
Sec. 1862. Protecting task order competition.
Sec. 1863. Improvements to size standards for small agricultural
producers.
Sec. 1864. Uniformity in service-disabled veteran definitions.
Sec. 1865. Required reports pertaining to capital planning and
investment control.
Sec. 1866. Office of Hearings and Appeals.
Sec. 1867. Issuance of guidance on small business matters.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2105. Extension of authorizations of certain fiscal year 2013
projects.
Sec. 2106. Extension of authorizations of certain fiscal year 2014
projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
[[Page H2473]]
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.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Congressional notification for in-kind contributions for
overseas military construction projects.
Sec. 2812. Prohibition on use of military installations to house
unaccompanied alien children.
Sec. 2813. Allotment of space and provision of services to WIC offices
operating on military installations.
Sec. 2814. Sense of Congress regarding need to consult with State and
local officials prior to acquisitions of real property.
Sec. 2815. Sense of Congress regarding inclusion of stormwater systems
and components within the meaning of ``wastewater
system'' under the Department of Defense authority for
conveyance of utility systems.
Sec. 2816. Assessment of public schools on Department of Defense
installations.
Subtitle C--Provision Related to Asia-Pacific Military Realignment
Sec. 2821. Limited exceptions to restriction on development of public
infrastructure in connection with realignment of Marine
Corps forces in Asia-Pacific region.
Subtitle D--Land Conveyances
Sec. 2831. Land conveyances, High Frequency Active Auroral Research
Program facility and adjacent property, Gakona, Alaska.
Sec. 2832. Land conveyance, Campion Air Force Radar Station, Galena,
Alaska.
Sec. 2833. Exchange of property interests, San Diego Unified Port
District, California.
Sec. 2834. Release of property interests retained in connection with
land conveyance, Eglin Air Force Base, Florida.
Sec. 2835. Land exchange, Fort Hood, Texas.
Sec. 2836. Land conveyance, P-36 Warehouse, Colbern United States Army
Reserve Center, Laredo, Texas.
Sec. 2837. Land conveyance, St. George National Guard Armory, St.
George, Utah.
Sec. 2838. Release of restrictions, Richland Innovation Center,
Richland, Washington.
Subtitle E--Military Land Withdrawals
Sec. 2841. Bureau of Land Management withdrawn military lands under
Military Lands Withdrawal Act of 1999.
Sec. 2842. Permanent withdrawal or transfer of administrative
jurisdiction of public land, Naval Air Weapons Station
China Lake, California.
Subtitle F--Military Memorials, Monuments, and Museums
Sec. 2851. Cyber Center for Education and Innovation-Home of the
National Cryptologic Museum.
Sec. 2852. Renaming site of the Dayton Aviation Heritage National
Historical Park, Ohio.
Sec. 2853. Support for military service memorials and museums
highlighting role of women in the military.
Sec. 2854. Petersburg National Battlefield boundary modification.
Sec. 2855. Amendments to the National Historic Preservation Act.
Sec. 2856. Recognition of the National Museum of World War II Aviation.
Subtitle G--Designations and Other Matters
Sec. 2861. Designation of portion of Moffett Federal Airfield,
California, as Moffett Air National Guard Base.
Sec. 2862. Redesignation of Mike O'Callaghan Federal Medical Center.
Sec. 2863. Transfer of certain items of the Omar Bradley Foundation to
the descendants of General Omar Bradley.
Sec. 2864. Protection and recovery of Greater Sage Grouse.
Sec. 2865. Implementation of lesser prairie-chicken range-wide
conservation plan and other conservation measures.
Sec. 2866. Removal of endangered species status for American burying
beetle.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
projects.
Sec. 2903. Authorization of appropriations.
TITLE XXX--UTAH TEST AND TRAINING RANGE ENCROACHMENT PREVENTION AND
TEMPORARY CLOSURE AUTHORITIES
Sec. 3001. Findings and definitions.
Subtitle A--Utah Test and Training Range
Sec. 3011. Management of BLM land.
Sec. 3012. Temporary closures.
Sec. 3013. Community resource group.
Sec. 3014. Liability.
Sec. 3015. Effects of subtitle.
Subtitle B--Land Exchange
Sec. 3021. Findings and purpose.
Sec. 3022. Definitions.
Sec. 3023. Exchange of Federal land and non-Federal land.
Sec. 3024. Status and management of non-Federal land after exchange.
Sec. 3025. Hazardous materials.
Subtitle C--Highway Rights-of-way
Sec. 3031. Recognition and transfer of certain highway rights-of-way.
[[Page H2474]]
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.
Subtitle C--Plans and Reports
Sec. 3121. Clarification of annual report and certification on status
of security of atomic energy defense facilities.
Sec. 3122. Annual report on service support contracts of the National
Nuclear Security Administration.
Sec. 3123. Repeal of certain reporting requirements.
Sec. 3124. Independent assessment of technology development under
defense environmental cleanup program.
Sec. 3125. Updated plan for verification and monitoring of
proliferation of nuclear weapons and fissile material.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NUCLEAR ENERGY INNOVATION CAPABILITIES
Sec. 3301. Short title.
Sec. 3302. Nuclear energy.
Sec. 3303. Nuclear energy research programs.
Sec. 3304. Advanced fuel cycle initiative.
Sec. 3305. University nuclear science and engineering support.
Sec. 3306. Department of Energy civilian nuclear infrastructure and
facilities.
Sec. 3307. Security of nuclear facilities.
Sec. 3308. High-performance computation and supportive research.
Sec. 3309. Enabling nuclear energy innovation.
Sec. 3310. Budget plan.
Sec. 3311. Conforming amendments.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Authority to make pro rata annual payments under operating
agreements for vessels participating in Maritime Security
Fleet.
Sec. 3503. Authority to extend certain age restrictions relating to
vessels in the Maritime Security Fleet.
Sec. 3504. Corrections to provisions enacted by Coast Guard
Authorization Acts.
Sec. 3505. Status of National Defense Reserve Fleet vessels.
Sec. 3506. NDRF national security multi-mission vessel.
Sec. 3507. United States Merchant Marine Academy.
Sec. 3508. Use of National Defense Reserve Fleet scrapping proceeds.
Sec. 3509. Floating dry docks.
TITLE XXXVI--BALLAST WATER
Sec. 3601. Short title.
Sec. 3602. Definitions.
Sec. 3603. Regulation and enforcement.
Sec. 3604. Uniform national standards and requirements for the
regulation of discharges incidental to the normal
operation of a vessel.
Sec. 3605. Treatment technology certification.
Sec. 3606. Exemptions.
Sec. 3607. Alternative compliance program.
Sec. 3608. Judicial review.
Sec. 3609. Effect on State authority.
Sec. 3610. Application with other statutes.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for overseas contingency operations for base
requirements.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
Sec. 4203. Research, development, test, and evaluation for overseas
contingency operations for base requirements.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for overseas contingency
operations for base requirements.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
Sec. 4403. Military personnel for overseas contingency operations for
base requirements.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
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.
[[Page H2475]]
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.
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.
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.
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).
[[Page H2476]]
(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.
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.
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.--
[[Page H2477]]
(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.
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.
[[Page H2478]]
(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
[[Page H2479]]
beobligated 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.
[[Page H2480]]
(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.
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.''
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.
[[Page H2481]]
(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.
(4) Pearl Harbor, Hawaii.
(3) 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.
[[Page H2482]]
(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.
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
[[Page H2483]]
centerunder 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).
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, 322,900.
``(3) For the Marine Corps, 185,000.
``(4) For the Air Force, 321,000.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2017, as follows:
(1) The Army National Guard of the United States, 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,
[[Page H2484]]
totaling2401, 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)''.
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--
(1) in paragraph (1), by inserting ``except as provided in
paragraph (3),'' after ``the Secretary of Defense,''; and
(2) in paragraph (3), by striking ``only one such member
shall be allowed leave under this subsection'' and inserting
``one of the members shall be allowed up to 21 days of leave
under this subsection and the other member shall be allowed
up to 14 days of leave under this subsection''.
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.''.
[[Page H2485]]
(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 regisration 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 dervied,
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 funcitons 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 specialities, 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) Adoptions by Dual-service 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.''.
(c) 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.--
[[Page H2486]]
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.''.
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:
[[Page H2487]]
``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 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.
``(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) 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.
[[Page H2488]]
``(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.''.
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).
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:
[[Page H2489]]
(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.
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
[[Page H2490]]
thecommanding 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.
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''.
[[Page H2491]]
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''.
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
[[Page H2492]]
title10, 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
[[Page H2493]]
appropriatedfunds may be supplemented with additional funds
derived from improved management practices implemented
pursuant to sections 2481(c)(3) and 2487(c) of this title.''.
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
----------------------------------------------------------------------------------------------------------------
[[Page H2494]]
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
----------------------------------------------------------------------------------------------------------------
[[Page H2495]]
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.
[[Page H2496]]
(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
[[Page H2497]]
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:
``(4) Inpatient and outpatient tertiary care facilities
that incorporate specialty and subspecialty care.
``(5) Graduate medical education programs.
``(6) Residency training programs.
``(7) 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''.
[[Page H2498]]
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 in a
more effective, efficient, or economical manner; 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
[[Page H2499]]
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).
[[Page H2500]]
(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.
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 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).
(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 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 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) Military Services Defined.--In this section, the term
``military services'' means the Army, Navy, Air Force, and
the Marine Corps, including the reserve components thereof.
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.
[[Page H2501]]
(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,
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).
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.''.
[[Page H2502]]
(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
[[Page H2503]]
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. 810. 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''.
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
[[Page H2504]]
(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.
(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:
[[Page H2505]]
(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
[[Page H2506]]
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)).''.
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.
[[Page H2507]]
(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,
[[Page H2508]]
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
[[Page H2509]]
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).
[[Page H2510]]
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''.
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
[[Page H2511]]
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.
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''.
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
[[Page H2512]]
(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.
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
[[Page H2513]]
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. DEPARTMENT OF DEFENSE PROTECTION OF NATIONAL
SECURITY SPECTRUM.
(a) Evaluation.--The Secretary of Defense and the Chairman
of the Joint Chiefs of Staff shall jointly evaluate--
(1) the statutory and regulatory options available to the
Secretary and the Chairman to protect critical test and
training capability in the event of spectrum auctions
affecting frequencies used by the Department of Defense; and
(2) the utility, effect, and limitation, if any, of section
1062 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 767).
(b) Submission.--Not later than 90 days after the date of
the enactment of this Act, the Secretary and the Chairman
shall submit to the congressional defense committees the
evaluation under subsection (a), including any
recommendations of the Secretary and the Chairman for
additional statutory or regulatory options that would enhance
the ability of the Secretary and the Chairman to protect
national security equities.
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 and approvals
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.
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.
[[Page H2514]]
(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
[[Page H2515]]
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
[[Page H2516]]
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.''.
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
[[Page H2517]]
(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
[[Page H2518]]
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
[[Page H2519]]
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
[[Page H2520]]
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).
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.
(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) 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. 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.''.
[[Page H2521]]
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.
[[Page H2522]]
``(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.''.
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--
[[Page H2523]]
(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.
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; and
(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.
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
[[Page H2524]]
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 application for Chief of
Mission approval submitted before May 31, 2016; or
``(bb) in the case of an application for Chief of Mission
approval submitted on or after May 31, 2016, in a capacity
that required the alien--
``(AA) to serve as an interpreter or translator for United
States military personnel in Afghanistan while traveling off-
base with such personnel; or
``(BB) 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);''.
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; and
(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.
(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:
[[Page H2525]]
``(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, 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
[[Page H2526]]
(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.
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
[[Page H2527]]
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;
[[Page H2528]]
(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.
Such information should include the length of the basing
arrangements 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.''.
(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
[[Page H2529]]
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).
[[Page H2530]]
(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.
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.
[[Page H2531]]
``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
[[Page H2532]]
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.
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
[[Page H2533]]
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
[[Page H2534]]
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).
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.
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
[[Page H2535]]
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 or any fiscal year
thereafter 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 25 percent of the funds described in paragraph
(2) in any fiscal year 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 a fiscal year for such
purposes if during such fiscal year--
``(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) Rights to intellectual property.--In developing the
system under paragraph (1), the Secretary shall acquire
government purpose rights (or greater rights) in technical
data, patents, and copyrights pertaining to such system. Such
rights may be 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.''.
(c) Limitation.--Of the amounts authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2017 for the Office of the Secretary of the Air
Force, not more than 90 percent may be obligated or expended
until the date on which the Secretary of the Air Force
certifies to the congressional defense committees that the
Secretary has carried out the rocket propulsion system
program under 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) during fiscal years 2015 and 2016 as described in
subsection (d)(1) of such section, as added by subsection
(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
[[Page H2536]]
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.
[[Page H2537]]
(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.
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
[[Page H2538]]
(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.
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
[[Page H2539]]
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
[[Page H2540]]
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.
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,
[[Page H2541]]
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.
[[Page H2542]]
(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
[[Page H2543]]
(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
[[Page H2544]]
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;
[[Page H2545]]
(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.
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 Sys2446a....
``II. Development, Prototyping, and Deployment of Weapon System
Components and Technology.................................2447a....
``III. Cost, Schedule, and Performance of Major Defense Acquisition
Programs..................................................2448a....
``SUBCHAPTER I--MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF WEAPON
SYSTEMS
``Sec.
``2446a. Requirement for modular open system approach in major defense
acquisition programs; definitions.
``2446b. Requirement to address modular open system approach in program
capabilities development and acquisition weapon system
design.
``2446c. Requirements relating to availability of major system
interfaces and support for modular open system approach.
``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''.....
[[Page H2546]]
(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 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
[[Page H2547]]
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
[[Page H2548]]
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.
[[Page H2549]]
``(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:
[[Page H2550]]
``(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;
[[Page H2551]]
``(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;
[[Page H2552]]
(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.
[[Page H2553]]
``(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); and
``(V) the location of the women's business center and its
proximity to other grant recipients under this section.
``(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
[[Page H2554]]
``(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
[[Page H2555]]
``(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.''.
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).''.
[[Page H2556]]
(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.
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
------------------------------------------------------------------------
[[Page H2557]]
(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
[[Page H2558]]
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.................
[[Page H2559]]
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
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.
[[Page H2560]]
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:
[[Page H2561]]
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............................... Vqarious 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:
[[Page H2562]]
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
[[Page H2563]]
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
----------------------------------------------------------------------------------------------------------------
[[Page H2564]]
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''.
[[Page H2565]]
(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.''.
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.
[[Page H2566]]
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.
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
[[Page H2567]]
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.--
[[Page H2568]]
(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.
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
[[Page H2569]]
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.--
[[Page H2570]]
``(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
[[Page H2571]]
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
[[Page H2572]]
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.
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--
[[Page H2573]]
(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.).
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
[[Page H2574]]
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
[[Page H2575]]
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.
[[Page H2576]]
(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
[[Page H2577]]
(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
[[Page H2578]]
(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.
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
[[Page H2579]]
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.
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 fission reactor.--The term `advanced fission
reactor' means a nuclear fission reactor with significant
improvements over the most recent generation of nuclear
reactors, which may include inherent safety features, lower
waste yields, greater fuel utilization, superior reliability,
resistance to proliferation, and increased thermal
efficiency.
``(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
[[Page H2580]]
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 fission reactor systems, nuclear fusion 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 fusion and advanced
fission experimental 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
next generation nuclear energy technology;
``(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--
[[Page H2581]]
(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.''.
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
[[Page H2582]]
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
[[Page H2583]]
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
[[Page H2584]]
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).
[[Page H2585]]
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
[[Page H2586]]
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.
[[Page H2587]]
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
[[Page H2588]]
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.
[[Page H2589]]
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.
[[Page H2590]]
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
[[Page H2591]]
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
[[Page H2592]]
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
[[Page H2593]]
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.
[[Page H2594]]
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
[[Page H2595]]
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
[[Page H2596]]
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
[[Page H2597]]
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.
[[Page H2598]]
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
[[Page H2599]]
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.
[[Page H2600]]
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
[[Page H2601]]
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-
THREAT 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-
THREAT DEFEAT
FUND.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
002 F/A-18E/F (FIGHTER) 184,912 184,912
HORNET.
OTHER AIRCRAFT
026 STUASL0 UAV.......... 70,000 70,000
MODIFICATION OF
AIRCRAFT
037 EP-3 SERIES.......... 7,505 7,505
047 SPECIAL PROJECT 14,869 14,869
AIRCRAFT.
051 COMMON ECM EQUIPMENT. 70,780 70,780
059 V-22 (TILT/ROTOR 8,740 8,740
ACFT) OSPREY.
[[Page H2602]]
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.
[[Page H2603]]
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.
[[Page H2604]]
------------------------------------------------------------------------
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 funding [55,100]
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 funding [46,500]
to support
increase in Army
end strength.
[[Page H2605]]
TOTAL PROCUREMENT 287,700
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 funding [18,400]
to support
increase in Army
end strength.
TOTAL OTHER 161,900 268,700
PROCUREMENT,
ARMY.
JOINT IMPROVISED-
THREAT DEFEAT FUND
NETWORK ATTACK
001 RAPID ACQUISITION AND 113,272 113,272
THREAT RESPONSE.
TOTAL JOINT 113,272 113,272
IMPROVISED-
THREAT DEFEAT
FUND.
AIRCRAFT PROCUREMENT,
NAVY
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 system-- [95,000]
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 PROCUREMENT 77,200
OF AMMO, NAVY &
MC.
[[Page H2606]]
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 unfunded [690,500]
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 upgrades [120,000]
Air Force unfunded [10,300]
requirement- A-10
antijam GPS.
Air Force unfunded [23,200]
requirement- A-10
situation
awareness upgrade
kits.
Air Force unfunded [65,000]
requirement- ASE
radar warning
receiver upgrades.
021 F-15................. 60,400
Air Force unfunded [60,400]
requirement- ASE
radar warning
receiver upgrades.
022 F-16................. 187,500
Air Force unfunded [5,000]
requirement-
antijam GPS.
Air Force unfunded [12,000]
requirement-
missile warning
system.
Air Force unfunded [170,500]
requirement-
radar warning
receiver upgrades.
OTHER AIRCRAFT
049 E-8.................. 17,500
Additional 2 PME- [17,500]
DMS kits.
054 H-60................. 70,700
Air Force unfunded [70,700]
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
[[Page H2607]]
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 PROCUREMENT 323,000 323,000
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 PROCUREMENT 1,287,871 10,728,171
------------------------------------------------------------------------
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
[[Page H2608]]
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).
[[Page H2609]]
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
[[Page H2610]]
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 Program-- [32,000]
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
[[Page H2611]]
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
[[Page H2612]]
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).
[[Page H2613]]
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 Initiative [10,000]
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 Characterization [-5,000]
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.
[[Page H2614]]
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.
[[Page H2615]]
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 development [5,000]
155 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 11,843 11,843
156 0207448F C2ISR TACTICAL DATA LINK.......... 1,515 1,515
157 0207452F DCAPES............................ 14,979 14,979
158 0207590F SEEK EAGLE........................ 25,308 25,308
159 0207601F USAF MODELING AND SIMULATION...... 16,666 16,666
160 0207605F WARGAMING AND SIMULATION CENTERS.. 4,245 4,245
161 0207697F DISTRIBUTED TRAINING AND EXERCISES 3,886 3,886
162 0208006F MISSION PLANNING SYSTEMS.......... 71,785 71,785
164 0208087F AF OFFENSIVE CYBERSPACE OPERATIONS 25,025 25,025
165 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 29,439 29,439
168 0301017F GLOBAL SENSOR INTEGRATED ON 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
[[Page H2616]]
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 and [15,000]
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.
[[Page H2617]]
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 reduction [-23,600]
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.
[[Page H2618]]
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 Characterization [5,000]
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-attack [5,000]
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 Acceleration [25,000]
179 0903235D8W JOINT SERVICE PROVIDER (JSP)...... 827 827
180A 9999999999 CLASSIFIED PROGRAMS............... 56,799 56,799
.................................. SUBTOTAL MANAGEMENT SUPPORT..... 897,599 926,599
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
181 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 4,241 4,241
182 0605127T REGIONAL INTERNATIONAL OUTREACH 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
[[Page H2619]]
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 & EVAL, 178,994 188,994
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.
...............
[[Page H2620]]
............... 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 unfunded [10,000]
requirement-
modernized
warning
system.
............... SUBTOTAL 33 10,033
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
161 0603778A MLRS PRODUCT 16,000
IMPROVEMENT
PROGRAM.
............... Army unfunded [16,000]
requirement-
GMLRS M-code
upgrade.
166 0607134A LONG RANGE 27,700
PRECISION FIRES
(LRPF).
............... Army unfunded [27,700]
requirement.
179 0203735A COMBAT VEHICLE 10,000
IMPROVEMENT
PROGRAMS.
............... Army unfunded [10,000]
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) Design [19,000]
............... 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
[[Page H2621]]
............... ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES
074 0603882C BALLISTIC 65,000
MISSILE DEFENSE
MIDCOURSE
DEFENSE SEGMENT.
............... Ground System [65,000]
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
[[Page H2622]]
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
[[Page H2623]]
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
[[Page H2624]]
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
[[Page H2625]]
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
[[Page H2626]]
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]
[[Page H2627]]
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......
[[Page H2628]]
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
[[Page H2629]]
MINISTRY OF DEFENSE
010 SUSTAINMENT................... 2,173,341 2,173,341
020 INFRASTRUCTURE................ 48,262 48,262
030 EQUIPMENT AND TRANSPORTATION.. 76,216 176,047
Maintain security forces at [99,831]
fiscal year 2016 levels...
040 TRAINING AND OPERATIONS....... 220,139 281,555
Maintain security forces at [61,416]
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 at [19,859]
fiscal year 2016 levels...
060 INFRASTRUCTURE................ 20,837 20,837
070 EQUIPMENT AND TRANSPORTATION.. 8,153 116,573
Maintain security forces at [108,420]
fiscal year 2016 levels...
080 TRAINING AND OPERATIONS....... 41,326 65,342
Maintain security forces at [24,016]
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 SECURITY 3,448,715 2,279,968
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 EQUIP 630,000 412,087
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
[[Page H2630]]
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
[[Page H2631]]
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
[[Page H2632]]
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 AND 3,307,822 3,308,822
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
[[Page H2633]]
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........
[[Page H2634]]
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
[[Page H2635]]
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 AND 67,000
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 AND 23,700 23,700
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.......................
------------------------------------------------------------------------
[[Page H2636]]
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
[[Page H2637]]
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..........................
[[Page H2638]]
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
[[Page H2639]]
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.
[[Page H2640]]
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
[[Page H2641]]
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
[[Page H2642]]
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.
[[Page H2643]]
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
[[Page H2644]]
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
[[Page H2645]]
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.
[[Page H2646]]
.........................
.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.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2017 House
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy........................ 151,876 136,616
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities.................. 9,243,147 9,559,147
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
[[Page H2647]]
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
[[Page H2648]]
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
[[Page H2649]]
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
[[Page H2650]]
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
------------------------------------------------------------------------
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).''.
[[Page H2651]]
(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).''.
[[Page H2652]]
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.''.
[[Page H2653]]
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),
[[Page H2654]]
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)--
[[Page H2655]]
(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).
``(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
[[Page H2656]]
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
[[Page H2657]]
``(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.
[[Page H2658]]
``(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.
[[Page H2659]]
``(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.''.
[[Page H2660]]
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--
[[Page H2661]]
``(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--
[[Page H2662]]
``(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
[[Page H2663]]
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.''.
[[Page H2664]]
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.
[[Page H2665]]
``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.
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
[[Page H2666]]
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)
[[Page H2667]]
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.
The CHAIR. No further amendment to the bill, as amended, shall be in
order except those printed in part B of the report and amendments en
bloc described in section 3 of House Resolution 732.
Each further amendment printed in part B of the report shall be
considered only in the order printed in the report, by a Member
designated in the report, shall be considered read, shall be debatable
for the time specified in the report, equally divided and controlled by
the proponent and an opponent, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Armed Services or his designee to offer amendments en bloc consisting
of amendments printed in part B of the report not earlier disposed of.
Amendments en bloc shall be considered as read, shall be debatable for
20 minutes, equally divided and controlled by the chair and ranking
minority member of the Committee on Armed Services or their designees,
shall not be subject to amendment, and shall not be subject to a demand
for division of the question.
Amendment No. 1 Offered by Mr. Thornberry
The CHAIR. It is now in order to consider amendment No. 1 printed in
part B of House Report 114-569.
Mr. THORNBERRY. Mr. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 727, line 5, insert after ``may'' the following: ``,
as specified in advance by appropriations Acts,''.
The CHAIR. Pursuant to House Resolution 732, the gentleman from Texas
(Mr. Thornberry) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
{time} 1600
Mr. THORNBERRY. Mr. Chair, I yield myself such time as I may consume.
I appreciate the opportunity to offer this amendment, which I do not
believe is controversial.
Mr. Chairman, one of the many parts of this bill, on which Members on
both sides of the aisle have contributed, is to try to improve our
acquisition system, partly to get more value out of the taxpayer money
that is spent and partly to try to get technology into the field, into
the hands of our warfighters faster because technology evolves and the
threats evolve so quickly.
Members on both sides of the aisle have contributed to that effort,
and we have consulted with folks in the Pentagon and in industry to try
to make improvements in this part of the bill.
This amendment is a technical amendment, which just deals with some
of those issues, to ensure that whatever process we set up here,
obviously, the money has to be appropriated as well.
Mr. Chairman, I don't think it is controversial, but I want to
reiterate that most of this bill is built from the ground up on a
bipartisan basis, including each of the five major reform areas. I
think acquisition reform is very important that we pursue, that we
continue to try to improve the equipment and the weapons that we
provide our personnel. That is what helps make them more ready to
conduct the missions that the country asks them to conduct.
Mr. VEASEY. Will the gentleman yield?
Mr. THORNBERRY. I yield to the gentleman from Texas.
Mr. VEASEY. Mr. Chairman, I am not in opposition to the amendment.
Mr. THORNBERRY. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR (Mr. Rothfus). The question is on the amendment
offered by the gentleman from Texas (Mr. Thornberry).
The amendment was agreed to.
Amendments En Bloc No. 1 Offered by Mr. Thornberry
Mr. THORNBERRY. Mr. Chairman, pursuant to House Resolution 732, I
offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 4, 5, 6, 7, 8,
9, 15, 17, 20, 21, 23, and 27 printed in House Report 114-569, offered
by Mr. Thornberry of Texas:
amendment no. 4 offered by Mr. mckinley of west virginia
At the end of subtitle A of title III, add the following
new section:
SEC. 3__. 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.
amendment No. 5 offered by mr. guthrie of kentucky
Page 81, insert after line 14 the following:
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
[[Page H2668]]
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.''.
amendment no. 6 offered by mr. gallego of arizona
At the end of subtitle C of title VII, add the following:
SEC. ___. 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.
amendment no. 7 offered by mr. graves of missouri
At the end of title VIII, add the following new section:
SEC. 843. IMPROVEMENTS TO THE DESIGN-BUILD CONSTRUCTION
PROCESS FOR DEFENSE CONTRACTS.
(a) In General.--Section 2305a of title 10, United States
Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Criteria for Use.--
``(1) Contracts with a value of at least $4,000,000.--Two-
phase selection procedures shall be used for entering into a
contract for the design and construction of a public
building, facility, or work when a contracting officer
determines that the contract has a value of $4,000,000 or
greater.
``(2) Contracts with a value less than $4,000,000.--For
projects that a contracting officer determines have a value
of less than $4,000,000, the contracting officer shall make a
determination whether two-phase selection procedures are
appropriate for use for entering into a contract for the
design and construction of a public building, facility, or
work when--
``(A) the contracting officer anticipates that 3 or more
offers will be received for the contract;
``(B) design work must be performed before an offeror can
develop a price or cost proposal for the contract;
``(C) the offeror will incur a substantial amount of
expense in preparing the offer; and
``(D) the contracting officer has considered information
such as--
``(i) the extent to which the project requirements have
been adequately defined;
``(ii) the time constraints for delivery of the project;
``(iii) the capability and experience of potential
contractors;
``(iv) the suitability of the project for use of the two-
phase selection procedures;
``(v) the capability of the agency to manage the two-phase
selection process; and
``(vi) other criteria established by the agency.'';
(2) by striking the second sentence in subsection (d) and
inserting the following: ``The maximum number specified in
the solicitation shall not be greater than 5 unless the head
of the contracting activity (or a designee of the head who is
in a position not lower than the supervisor of the
contracting officer) approves the contracting officer's
justification with respect to an individual solicitation that
a specified number greater than 5 is in the Federal
Government's interest.''; and
(3) by adding at the end the following new subsection:
``(g) Annual Reports.--
``(1) In general.--Not later than November 30 of each of
the years 2016 through 2020, the Secretary of Defense shall
submit to the Director of the Office of Management and Budget
an annual report containing each instance in which the agency
awarded a design-build contract pursuant to section 2305a of
this title, during the preceding fiscal year in which--
``(A) more than 5 finalists were selected for phase-two
requests for proposals; or
``(B) the contract was awarded without using two-phase
selection procedures.
``(2) Public availability.--The Director of the Office of
Management and Budget shall make available to the public,
including on the Internet, the annual reports described in
paragraph (1), and publish a notice of the availability of
each report in the Federal Register.''.
(b) Government Accountability Office Report.--Not later
than 270 days after November 30, 2020, the Comptroller
General of the United States shall issue a report analyzing
the compliance of the various Federal agencies with the
requirements of subsection (g) of section 2305a of title 10,
United States Code (as added by subsection (a)(3)).
amendment no. 8 offered by ms. jackson lee of texas
At the end of title VIII, add the following new section:
SEC. 843. ASSESSMENT OF OUTREACH FOR SMALL BUSINESS CONCERNS
OWNED AND ONTROLLED 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.
amendment no. 9 offered by ms. jackson lee of texas
At the end of title VIII (page 326, after line 4), insert
the following:
SEC. 843. 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.
amendment no. 15 offered by mr. hunter of california
Page 462, after line 13, insert the following:
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.
amendment no. 17 offered by Mr. royce of california
At the end of title X, add the following:
Subtitle H--United States Naval Station Guantanamo Bay Preservation Act
SEC. 10XX. SHORT TITLE.
This subtitle may be cited as the ``United States Naval
Station Guantanamo Bay Preservation Act''.
SEC. 10XX. 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
[[Page H2669]]
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. 10XX. 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. 10XX. 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.
amendment no. 20 offered by ms. moore of wisconsin
At the end of subtitle C of title XII, add the following:
SEC. 12XX. 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.
amendment no. 21 offered by mr. forbes of virginia
At the end of subtitle E of title XII, add the following:
SEC. 12XX. 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
[[Page H2670]]
such fiscal year. The report shall be submitted in
unclassified form, but may contain a classified annex.''.
amendment no. 23 offered by mr. graves of missouri
In the table of contents for bill, insert after the item
pertaining to section 1867 the following:
Subtitle F--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.
Page 832, insert after line 5 the following:
Subtitle F--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).
amendment no. 27 offered by ms. adams of north carolina
In the table of contents for bill, insert after the item
pertaining to section 1852 the following:
Sec. 1853. Online component.
Sec. 1854. Study and report on the future of the SCORE program.
Sec. 1855. Technical and conforming amendments.
Page 819, insert after line 2 the following:
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
[[Page H2671]]
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''.
Mr. THORNBERRY. Mr. Chair, I ask unanimous consent that amendment No.
7 in House Report 114-569 be modified by the form I have placed at the
desk.
The Acting CHAIR. The Clerk will report the modification.
The Clerk read as follows:
Modification to amendment No. 7 offered by Mr. Thornberry of Texas
At the end of title VIII, add the following new section:
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.
Mr. THORNBERRY (during the reading). Mr. Chairman, I ask unanimous
consent that the reading of the modification be dispensed with.
The Acting CHAIR. Is there objection to the request of the gentleman
from Texas?
There was no objection.
The Acting CHAIR. Is there objection to the modification?
There was no objection.
The Acting CHAIR. Pursuant to House Resolution 732, the gentleman
from Texas (Mr. Thornberry) and the gentleman from Texas (Mr. Veasey)
each will control 10 minutes.
The Chair recognizes the gentleman from Texas (Mr. Thornberry).
Mr. THORNBERRY. Mr. Chairman, these amendments have been worked out
with the minority. I believe that they should be acceptable to all
Members.
I reserve the balance of my time.
Mr. VEASEY. Mr. Chairman, I am not in opposition to the amendments.
At this time, I am waiting for a speaker.
I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Georgia (Mr. Jody B. Hice).
Mr. JODY B. HICE of Georgia. Mr. Chairman, I rise in strong support
of our national defense. We have a constitutional responsibility to
provide for and maintain our military forces. And this legislation,
H.R. 4909, prevents the President from reducing our troops' pay raises
and, most importantly, provides our military with the resources they
need to restore our readiness levels.
Today, as we all know, we are facing threats from all around the
world, and many of our adversaries are using new technologies and
methods that require our forces to be able to adapt and respond more
quickly than ever before.
Our U.S. Cyber Command being unified and fully funded is a critical
aspect of the whole picture, including Fort Gordon's Cyber Center of
Excellence. It will enable our military to be better prepared to
respond to the threats we are facing today.
Mr. Chairman, over the past several years, we have all been inundated
with stories of the White House staffers who fall under the NSC
umbrella, micromanaging both our foreign policy and our defense policy,
even going so far as to circumvent or ignore senior officials
altogether.
I am strongly supportive of Chairman Thornberry's amendment to reduce
the size of the National Security Council. He is absolutely right that
400 people is not the makeup of an advisory committee; that is the size
of another executive agency.
So I am in full support of H.R. 4909. I urge my colleagues to support
that bill as well.
Mr. VEASEY. Mr. Chairman, I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I yield 2 minutes to the gentleman from
New York (Mr. Gibson), a valued member of the House Committee on Armed
Services.
Mr. GIBSON. Mr. Chairman, I rise in strong support of this bill. I
thank the chairman and the ranking member. I think we have made
significant progress in restoring readiness to our Armed Forces and
also a marked progress in reform, which is very necessary to our
national security going forward.
Mr. Chairman, I want to express my gratitude to the chairman and
ranking member for including a bill that I drafted along with the help
of so many others--Chairman Turner, Representative Walz of Minnesota--
that stops the drawdown of our Armed Forces. So critically important
for restoring deterrents, peace through strength, is that we not give
pink slips to the 67,000-plus troops that were heading in that
direction in the next 2 years. This committee working together in a
bipartisan way stopped that drawdown, and I think that is critically
important.
Related, I would say that the work that we are doing on the global
response force, the GRF, is also critically important to deterrents.
And I believe that ultimately it strengthens the hands of diplomats
when we have the ability to strategically maneuver. I am appreciative
of the resources and the oversight in this bill to strengthen the GRF.
Finally, let me say how much I really appreciate the pay raise to the
troops. After 29 years in uniform, I can't adequately describe how much
I appreciate the sacrifices and the service of our servicemen and -
women. Giving them this pay raise, I think, was critically important.
I urge all my colleagues to support this bill.
Mr. VEASEY. Mr. Chairman, I yield 1 minute to the gentlewoman from
Wisconsin (Ms. Moore).
Ms. MOORE. Mr. Chair, I thank the chairman and ranking member for
their support.
My amendment would condemn the continuing attacks against and the
intentional targeting of medical facilities and medical providers in
Syria. I
[[Page H2672]]
want to remind my colleagues that these facilities are entitled to
protection under international law. Yet, we continue to hear about
airstrikes in Syria targeting these hospitals and medical facilities.
Just pick up the newspaper. In 1 week, six facilities in Aleppo were
targeted.
Intentional attacks against hospitals, surgeons, nurses, and other
healthcare workers is not a norm that we should accept.
Neither is the Syrian Government's blocking of humanitarian aid,
including medical aid. Just last week, a U.N.-Red Cross aid convoy,
including medical aid to a besieged Syrian city, was blocked by the
Syrian Government. A former top U.N. humanitarian official tweeted his
disgust that the aid had been blocked ``because it carried baby milk.''
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. VEASEY. Mr. Chairman, I yield 15 seconds to the gentlewoman from
Wisconsin.
Ms. MOORE. Mr. Chair, I commend the courageous healthcare providers
and nonprofit groups that are working in the midst of these attacks to
provide health care to the millions under siege in Syria. Too many have
died and too many more will die if we continue to be sorry.
Mr. THORNBERRY. Mr. Chair, I yield 2 minutes to the gentleman from
Georgia (Mr. Austin Scott), another valuable member of the House Armed
Services Committee.
Mr. AUSTIN SCOTT of Georgia. Mr. Chair, the world has become an
increasingly unstable place due to conflicts in the Middle East and
provocations by Russia, China, and North Korea. In order to maintain
our national security in this environment, we must ensure that the
United States military remains the best trained and most well-equipped
fighting force in the world.
My home State of Georgia plays an essential role in maintaining
military readiness as we are the home to nine major military
installations. As the only Republican from Georgia on the House
Committee on Armed Services, it is an honor to serve as Georgia's
primary voice in Congress on military issues.
My top priority is to offer effective representation of Robins Air
Force Base and Moody Air Force Base, in addition to all of Georgia's
military installations. That is why I am proud to support the House
version of the National Defense Authorization Act for Fiscal Year 2017,
which came out of the House Committee on Armed Services with a
bipartisan vote of 60-2.
This legislation takes many important steps to rectify the damage to
our military readiness done by President Obama's cuts to our defense
budget over the last few years.
We have got some big wins for Georgia in this NDAA. We, again, fought
to make sure that two of the Air Force's most valuable platforms stay
in the air: the A-10 flown out of Moody Air Force Base and E-8C Joint
Surveillance Target Attack Radar System, better known as JSTARS, flown
out of Robins Air Force Base.
Both of these fleets are taking the fight to the enemy right now. The
A-10 is currently engaged in the fight against ISIS in the Middle East
and supporting our Special Forces by carrying out precision strikes
against these terrorists.
Additionally, I am grateful that the committee adopted my amendment
to delay retirement of the JSTARS through fiscal year 2018. This
legislation also provides for the recapitalization of that fleet.
During the committee process, we moved to protect the C-130 depot
workload. Robins is an efficient and effective depot center and has the
potential to become the C-130 center of excellence for our country.
I believe the House version of the NDAA sets us on a course that
sustains military readiness, makes appropriate investments for future
threats, continues to reform the DOD's outdated acquisition strategy,
and supports the significant contributions that Robins, Moody, and
other Georgia military institutions make to our national defense.
I urge my colleagues to support our troops, get our military
readiness back on track, and pass H.R. 4909, the National Defense
Authorization Act for Fiscal Year 2017.
Mr. VEASEY. Mr. Chairman, I yield 2 minutes to the gentleman from
Arizona (Mr. Gallego).
Mr. GALLEGO. Mr. Chairman, today I rise on behalf of the estimated
one in five veterans of the Iraq and Afghanistan wars who suffer with
post-traumatic stress disorder, or PTSD.
The Department of Defense and the Veterans Health Administration have
collaborated to develop clinical practice guidelines for PTSD.
According to a GAO report earlier this year, the Veterans Health
Administration currently monitors the prescribing of medications that
are included in these guidelines, but DOD and the Army do not. This
discrepancy could result in negative consequences for our men and women
in uniform undergoing treatment in military medical facilities.
My amendment would require each branch of the armed services to
monitor the prescribing practices of medications to treat symptoms of
PTSD among servicemembers. By monitoring the prescribing practices, we
can make sure our returning warfighters receive the proper treatment
necessary to alleviate the symptoms of PTSD.
I urge my colleagues to support my amendment.
Mr. THORNBERRY. Mr. Chairman, I reserve the balance of my time.
Mr. VEASEY. Mr. Chairman, I yield 3 minutes to the gentlewoman from
Texas (Ms. Jackson Lee).
{time} 1615
Ms. JACKSON LEE. Mr. Chair, coming from the State of Texas, let me
express my continued appreciation for the men and women of the United
States military, so many of them living in our State, so many different
bases, so many veterans living in our State as well, which has caused
me to continue to support the men and women who are posted overseas,
those who are here domestically as well on bases here in the United
States, and, of course, our veterans.
As we move toward Memorial Day, it is important that we look
holistically at our military and look at them as an entity that
includes personnel. I want to take note of the fact that there is a 2.1
percent pay increase for military personnel and that this bill does
update the Uniform Code of Military Justice to include new protections
for victims of military sexual assaults.
I am concerned, however, that the bill shortchanges war funding for
efforts against ISIS and redirects funds that should continue to be
used for base budget projects toward nonwar-related base budget
projects. Let me be clear that I think some of these projects are very
important, but I would have wanted this legislation to deal with the
fight against ISIS and not go into the contingency fund. As I
indicated, I heard the debate and there was some suggestion that the
President's budget went into the contingency fund, but in the way that
it is done in this bill, it is larger than should be.
I also want to take note of the fact that I have concerns regarding
an amendment in the bill, and I hope that we will be able to address it
because this amendment allows any religious corporation, religious
association, religious educational institution, or religious society
that receives a Federal grant or grant to claim religious exemptions
from antidiscrimination protections of LGBT individuals whom they may
employ.
I believe in the First Amendment and the separation of church and
State and, as well, religious freedom, but under the Federal funding
where we as taxpayers have the responsibility not to discriminate
against anyone, this goes against that duty, and it also undermines
President Obama's landmark 2014 executive order banning all Federal
contractors and grantees from discrimination on the basis of sexual
orientation or gender identity. So I am hoping, Mr. Chairman, that we
will have the opportunity to work through this legislation and to move
forward in a way that embraces all Americans.
I do want to thank, however, Chairman Thornberry and Ranking Member
Smith and the Committee on Rules for making two of my amendments in
order. They are in the en bloc No. 1 and No. 2.
The Acting CHAIR. The time of the gentlewoman has expired.
[[Page H2673]]
Mr. VEASEY. Mr. Chair, I yield an additional 1 minute to the
gentlewoman from Texas.
Ms. JACKSON LEE. The amendments are amendment No. 8 and amendment No.
9.
Amendment No. 8 calls for outreach for small-business concerns owned
and controlled by women and minorities prior to conversion of certain
functions to contract upfront performance.
Amendment No. 9 requires the Government Accountability Office to
include in its annual report to Congress a list of the most common
grounds for sustaining protests relating to bids for contracts.
These are important amendments because they help to grow small
businesses owned and controlled by women and minorities before
conversation of certain functions of contractor performance. This
amendment seeks to provide information to businesses that may have
little experience in government contracting to make them aware of new
opportunities.
Amendment No. 9 seeks a report to be provided to oversight committees
to better understand the circumstances that impact when a company wins
a Federal contract award that is challenged. These challenges often
come from companies that are big, competing for the same contract, and
little companies can't stand up. Successfully competing for a Federal
contract can be difficult and costly, especially for new entrants into
Federal contracting competition.
I would ask my colleagues to support the included amendments and look
forward to us working through this bill on some of the issues of
concern.
Mr. Chair, I thank Chairman Thornberry and Ranking Member Adam Smith
and the Rules Committee for making in order and including in En Bloc
Number 1 two of the amendments I have offered to ``National Defense
Authorization Act for Fiscal Year 2017.''
The first of these amendments, Amendment Number 8 calls for outreach
to small business concerns owned and controlled by women and minorities
prior to conversion of certain functions to contractor performance.
The second amendment, Jackson Lee Amendment Number 9, requires the
Government Accountability Office to include in its annual report to
Congress a list of the most common grounds for sustaining protests
relating to bids for contracts.
Amendment Number 8 will provide information to businesses that may
have little experience in government contracting to make them aware of
new opportunities to contract for business with the Department of
Defense.
There are instances where it is prudent and appropriate for agencies
to engage in sole source contracting.
This can occur if the work is highly specialized and only one source
can meet the needs of a component or agency.
A sole source contract arrangement might arise because the work is
only for a brief period of time.
However, these sole source contracting arrangements may over time be
converted to a competitive bidding process.
The Jackson Lee amendment ensures that the Department of Defense make
known to small and minority owned businesses when a sole source
contract will be converted to a competitive bidding process.
Having more competition for government contracting is the goal.
Receiving notice that a new competitive bidding opportunity is coming
does not mean that an award will be made to that business.
However, the more businesses who compete for Federal government
business the better off the government and the economy will be.
Amendment Number 9 requires GAO to conduct a study and report to
Congress on the successful challenges to competitive bid awards.
Challenges to federal contract awarded by competitive bidding often
come from companies that were unsuccessful in winning the contract in
the bidding process.
Successfully competing for a federal contract can be difficult and
costly especially for new entrants into federal competitive
contracting.
Challenges to federal contract awards, especially when the winner is
a small business can make it difficult for these businesses to pursue
opportunities they have won.
The amendment provides Congress relevant and useful information
regarding how often challenges to a contract award are sustained and
awards withdrawn, and upon which grounds.
I thank Chairman Thornberry and Ranking Member Smith for including
these amendments in the En Bloc Amendment Number 1, and I urge all
Members to join me in voting for its adoption.
Mr. VEASEY. Mr. Chair, I yield back the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I yield back the balance of my time.
Mr. ROYCE. Mr. Chair, I rise in strong support of this amendment, the
text of which was previously adopted and favorably reported by the
Committee on Foreign Affairs as H.R. 4678.
This amendment focuses on asserting Congress's longstanding
constitutional and legal authority to determine the future of the U.S.
military base at Guantanamo, which senior military officers continue to
view as ``indispensable'' to our national security and to our strategic
and humanitarian operations in this Hemisphere.
For decades--and most recently during the President's trip to
Havana--the Cuban regime has demanded the return of the base as a
prerequisite to the normalization of relations with the United States.
This amendment lays out the legal and historical case why a President
may not weaken U.S. ``jurisdiction and control'' over the base without
affirmative Congressional action--either a new statute or a treaty
concluded with Senate consent.
U.S. Naval Station Guantanamo Bay is not a typical basing situation,
and U.S. control is not premised on a treaty. Its history is wholly
unique and has its roots in Acts of Congress.
Cuba became an American protectorate after the U.S. prevailed in the
Spanish-American War, which Congress had declared in 1898. In 1901,
Congress rightly granted the President conditional authority to return
control and governance of the island to the people of Cuba, subject to
the express requirement of securing U.S. Naval basing rights there. In
fact, the Administration stated that it did not have the power to
return governance until that Congressional condition had been met.
When the President signed the 1903 Guantanamo Lease--the agreements
under which the U.S. continues to exercise ``complete jurisdiction and
control'' over the base--the President specifically cited the 1901 Act
of Congress as providing his authority to do so.
The last Treaty of Relations between the U.S. and Cuba (in 1934) did
not nullify, replace, or change the 1903 lease agreements, but noted
that they ``shall continue in effect'' until the U.S. and Cuba agree to
modify them.
This means that any executive attempt to impair the United States'
``jurisdiction and control'' over Naval Station Guantanamo Bay without
congressional authority would illegally nullify the 1901 Act of
Congress, and infringe on Congress's exercise of its express
constitutional powers.
Some say giving up Guantanamo isn't in the cards. Why worry? The
Assistant Secretary of State for Legislative Affairs has recently
written, stating that ``the United States has no plans to alter any of
the arrangements regarding the base.''
But saying that you ``have no plans'' to do something is not the same
as saying that you will not do something. As we have seen in any number
of prior situations--whether it be unfulfilled pledges of consultation
with Congress prior to any Cuba policy change, or the 11th hour lifting
of missile restrictions as part of the Iran nuclear deal--plans can
change very quickly, for the worse, with no prior warning to Congress.
And we should be concerned about the next Administration's plans.
This amendment is about protecting congressional prerogative during
this Administration, and the next, and the next.
Congress needs to make clear its role in any decision to relinquish
U.S. Naval Station Guantanamo Bay, which remains indispensable to our
nation's defense, and our support for regional stability. This
amendment does this, and deserves our support.
The Acting CHAIR. The question is on the amendments en bloc, as
modified, offered by the gentleman from Texas (Mr. Thornberry).
The en bloc amendments, as modified, were agreed to.
Amendment No. 2 Offered by Mr. Westerman
The Acting CHAIR. It is now in order to consider amendment No. 2
printed in part B of House Report 114-569.
Mr. WESTERMAN. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle B of title I, add the following new
section:
SEC. 1__. 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,
[[Page H2674]]
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.
The Acting CHAIR. Pursuant to House Resolution 732, the gentleman
from Arkansas (Mr. Westerman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arkansas.
Mr. WESTERMAN. Mr. Chairman, I yield myself such time as I may
consume.
I rise in support of my amendment for a budget neutral increase in
funding for Army surface-to-air missile systems. The Patriot Advanced
Capability-3 Missile Segment Enhancement, or the MSE, is the next
generation of the battle-proven PAC-3 interceptor for the Patriot air
defense system. Along with its earlier generation PAC-3 interceptor,
the Missile Segment Enhancement is the world's most capable air and
missile defense missile.
PAC-3 missiles are high-velocity interceptors that destroy incoming
targets with direct body-to-body impact. This hit-to-kill impact
produces a tremendous amount of energy that defeats tactical ballistic
missiles carrying weapons of mass destruction and/or submunition
payloads, cruise missiles, unmanned aerial vehicles and aircraft.
The MSE missile provides a 50 percent improvement in altitude and 100
percent improvement in range over earlier PAC-3 interceptors and is
required to address advance air and missile defense threats.
MSE capability is in great demand across the deployed force. In fact,
the MSE missiles have been on the Army's unfunded request top
priorities list. Additional missiles have been on the Army UFR the past
2 years and have been funded by Congress.
This amendment would allow approximately 20 new missiles to be
purchased in fiscal year 2017, which would put the total at 105
missiles, which is still below the fiscal year 2015 and fiscal year
2016 levels. If we add these additional 20 missiles, the unit cost of
the missiles would go down as well because of the quantity of scale in
the program.
Mr. Chairman, I reserve the balance of my time.
Mr. VEASEY. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. VEASEY. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Garamendi).
Mr. GARAMENDI. Mr. Chair, yes, we would surely like to do what my
colleague suggests. However, it does leave us rather vulnerable to
terrorism, terrorism that would be carried out by those who might want
to get their hands on highly enriched uranium or other elements to
either make a bomb or to create a dirty bomb.
The money comes from a very, very important fund, a fund that the
National Nuclear Security Administration uses to secure loose nukes and
highly enriched uranium and other kinds of material that might be used
in making a bomb. It would be wonderful if we could carry out what our
colleague would like to do for the surface-to-air missiles. I mean,
those are important. But don't take the money from this account.
This account is extremely important in preventing the proliferation
of nuclear materials as well as how we need to convert those reactors
around the world, including here in the United States, that are capable
of producing plutonium and highly enriched uranium.
I don't have a problem with where the gentleman tends to augment the
surface-to-air missile defense program or the air-to-surface program
but, rather, from where he is taking, the account. I would suggest to
the gentleman that we would be far better off finding a different
place, one that has far less risk to us.
The terrorists are out there. They are looking to get their hands on
this kind of fissile material, and they will be able to do so unless we
use the money in this program from the National Nuclear Security
Administration, atomic agency, to secure these sites and materials.
Mr. WESTERMAN. Mr. Chairman, I yield such time as he may consume to
the gentleman from Alabama (Mr. Rogers).
Mr. ROGERS of Alabama. Mr. Chairman, I rise in support of the
gentleman from Arkansas' amendment.
The Army included Patriot MSE procurement as number 12 on its fiscal
year 2017 UFR list to ``mitigate critical shortfall in Army war reserve
requirements.''
The ballistic missile threat from Russia, China, Pakistan, Iran, and
North Korea is growing. We owe it to our men and women in uniform to
give them the tools they need to defend themselves when we send them
into harm's way.
I know that on the other side of the aisle they look at every dollar
that goes to the defense nuclear nonproliferation budget as sacrosanct,
but I know that the House Subcommittee on Energy and Water Development,
and Related Agencies mark also has skepticism about whether this
technology is ready for prime time.
As the chairman of the Subcommittee on Strategic Forces, I urge the
support of this amendment offered by the gentleman from Arkansas.
Mr. VEASEY. Mr. Chairman, I yield 2 minutes to the gentleman from
Nebraska (Mr. Fortenberry).
Mr. FORTENBERRY. Mr. Chair, Senator Mark Kirk, who used to be a
Member of this body, told me a story a while back. He was a bomber
pilot during the Bosnian war, and during that war he literally carried
a map in his hands, and there was a red circle drawn around a
particular point on that map, and it said, ``Do not bomb here.''
What was there? Loose nuclear materials, unsecured, that could have
been a disaster had we inadvertently struck that target.
Loose nuclear materials are all around the world. We have a very
specialized program here called the global material security initiative
program that helps secure these materials, brings down the risk that
they will get into the wrong hands, brings down the risk of a nuclear
explosion--which is an absolutely critical national security priority--
to as close to zero as possible. I know it is not the intention of the
author of the amendment, my friend Mr. Westerman, to undermine this
program.
In fact, I support the underlying intent of enhancing the surface-to-
air missile program, but this is the wrong place to take this money
from. The Department of State, the Department of the Treasury, the
Department of Defense, and the Department of Energy as well as other
agencies are sharing in the multitasked effort to try to have a
multipronged effect on reducing the probability of a nuclear weapons
explosion, reducing the probability of nuclear materials getting into
the wrong hands to, again, as close to zero as possible.
That is why, as we move forward in looking at how to enhance
important programs like my friend has raised, we should look for it in
the right places and not undermine a critical aspect of our national
security.
I thank the gentleman from Texas for yielding.
Mr. WESTERMAN. Mr. Chairman, I would also like to commend the
Material Management and Minimization program for the work that they
have done, but as was stated before, the House Subcommittee on Energy
and Water Development, and Related Agencies of the Committee on
Appropriations said:
A significant portion of the highly enriched uranium minimization
efforts going forward will involve multiyear research and development
activities. To better align research and development-related activities
with resident expertise for managing such activities within the
Office of Defense Nuclear Nonproliferation, the recommendation shifts
funding responsibility for the development of fuel for high-performance
research reactors and for demonstrating and commercially deploying
domestic-based technologies for the production of the medical isotope
Mo-99 to defense nuclear proliferation research and development.
Mr. Chairman, I believe this is the appropriate place to offset the
funding for these additional missiles. These missiles are critical to
our Nation's defense.
Mr. Chairman, I reserve the balance of my time.
[[Page H2675]]
Mr. VEASEY. Mr. Chairman, I yield 1 minute to the gentleman from
Tennessee (Mr. Cooper).
Mr. COOPER. Mr. Chair, I think most of us are very interested in
supporting the MSE portion of this. I just worry about the offset. It
is very important that we make sure we do not raid the nonproliferation
account in order to pay for what may be a very worthy priority.
You remember that Secretary of Defense Robert Gates didn't even allow
an unfunded request to be transmitted to Congress. That removed a
certain temptation from us. We all know there are a number of these
requests, and some of them should be funded, but to raid the nuclear
safety account--because that is basically what nonproliferation is--is
a very dangerous precedent. I would urge the gentleman to reconsider.
We hope to work on this amendment in conference, but this is not a
piggy bank we are raiding. This is not a slush fund. This is an account
that could keep America safe from a nuclear attack. I would urge the
gentleman, as he pursues his very worthy priorities, to not pursue an
offset in this area.
I thank the gentleman. He is an excellent Member, but I think that we
should all be very aware of the importance of the nonproliferation
account.
{time} 1630
Mr. WESTERMAN. Mr. Chairman, I would like to emphasize that, even
with these additional 20 missiles, we will still be below the numbers
for FY 2015 and FY 2016. This is an unfunded request and high priority
for the Army, and I encourage a positive vote on this amendment.
Mr. Chair, I yield back the balance of my time.
Mr. VEASEY. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arkansas (Mr. Westerman).
The amendment was agreed to.
Amendment No. 3 Offered by Mr. Garamendi
The Acting CHAIR. It is now in order to consider amendment No. 3
printed in part B of House Report 114-569.
Mr. GARAMENDI. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle D of title I, add the following new
section:
SEC. 1__. FUNDING FOR LARGE AIRCRAFT INFRARED
COUNTERMEASURES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, there is authorized to be
appropriated $17,930,000 for procurement, Air Force, Large
Aircraft Infrared Countermeasures.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated for research, development, test, and evaluation,
as specified in the corresponding funding table in section
4201, for advanced component development & prototypes, Ground
Based Strategic Deterrent (Line 044) is hereby reduced by
$17,930,000.
The Acting CHAIR. Pursuant to House Resolution 732, the gentleman
from California (Mr. Garamendi) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from California.
Mr. GARAMENDI. Mr. Chairman, every day men and women from Travis Air
Force Base fly the big C-17s and C-130s and other heavy, large aircraft
into harm's way in Iraq, Afghanistan, and over and around Syria. Every
day they are at risk. They are at risk from being shot down by a
shoulder-fired missile.
There is a defense for this. It is called the Large Aircraft Infrared
Countermeasures defense system. It is one of the unfunded requests that
the Air Force has made of us. This amendment would fund at least part
of that request and provide a higher level of safety to the men and
women in the Air Force that fly these large aircraft into harm's way.
I don't think there is one of us here on the floor, in the House, or
even in the Senate that would deny that flying these aircraft into the
airfields of Afghanistan, even into Bagram, and certainly into Baghdad,
is always safe. It is not.
There is a proliferation of these shoulder-fired MPADS, and they are
increasingly available to the bad guys, who our men and women are
trying to take out.
So we are looking here to move $17-plus million from an account that
is not needed--at least, the money is not needed at this time--over to
something that is desperately needed, a defensive system for our large
Air Force aircraft, removing the money from the new Minuteman IV
intercontinental ballistic missile program, which is not scheduled to
be fielded until 12 years from now, and taking that just short of $18
million out of that account and moving it over so that our pilots and
crew members can be safer.
We don't need that money for these new intercontinental ballistic
missiles that are 12 years away. What we need is to protect our men and
women today with Large Aircraft Infrared Countermeasures equipment.
That is what this is all about.
It is pretty simple. It is a matter of choices: do we choose to
protect our men and women today or augment a program that doesn't need
the money, according to the GAO. I choose to protect our men and women
today and not to fund a program that the GAO says doesn't need this
$17.9 million.
Mr. Chair, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I claim the time in opposition
to the amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Alabama. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chair, I strongly oppose the amendment, and so does the United
States Air Force. The Air Force opposes the offset in this amendment,
which would take $17.9 million from the Ground-Based Strategic
Deterrent, also called GBSD, program.
I and the Air Force oppose the offset because the $17.9 million is
already being used in a pending reprogramming action. Taking the money
via this amendment would delay this program.
This is what the Air Force says about taking this money:
Removing these funds . . . would be a double-take to the
program, hindering the GBSD contractors' ability to fully
fund their Technology Maturation and Risk Reduction phase
contracts. This would prevent the winning contractors from
appropriately ramping up their efforts . . . and result in a
5-month delay.
Furthermore, GAO does not support this reduction. The gentleman is
basing his argument on GAO's initial draft budget fact sheet released
over a month ago, which said that the $17 million offset may be
available.
However, in its final GAO budget fact sheet released today, GAO says:
The Air Force's Fiscal Year 2017 request for GBSD could be
reduced by a total of $17.93 million--as long as the funds
are not reprogrammed.
In their final fact sheet, GAO also said that the GBSD account for FY
2017 should only be reduced to offset the excess $17.93 million if the
funds remain with the program and are not reprogrammed as currently
planned.
So both the GAO and the Air Force oppose the offset in this
amendment.
Furthermore, two successive Secretaries of Defense say that nuclear
deterrence is DOD's most important mission.
Here is Secretary Hagel:
Our nuclear deterrent plays a critical role in assuring
U.S. national security, and it is DOD's highest priority
mission. No other capability we have is more important.
And here is Secretary Carter:
The nuclear mission is the bedrock of our security. It is
what stands in the background and looms over every action
this country takes on the world stage. It is the foundation
for everything we do.
In short, GBSD is the future of one leg of the triad and must remain
on schedule. According to the Air Force and GAO, this amendment delays
that schedule. Let's be clear. This is an antinuclear disarmament
amendment disguised as something else.
I urge my colleagues to vote ``no'' on the amendment.
I reserve the balance of my time.
Mr. GARAMENDI. Mr. Chair, this is most assuredly not a disarmament.
We are scheduled to spend a trillion dollars on this kind of program.
It is hardly a disarmament. We are talking about $17.9 million; yet,
this nuclear security program is a trillion over the next 25 years. It
is hardly a disarmament.
The reality is that this money is not needed now. This money is going
to be
[[Page H2676]]
reprogrammed by the Air Force to be spent next year--without our
authority, but I suppose with summary programing authority--when we
know that the Air Force has C-17s, C-130s, and other large aircraft
that can be shot out of the sky now, not in 2028 and beyond, but now.
Are we unwilling to protect our airmen and -women that are on these
airplanes? This is not disarmament. This is about protecting the men
and women that are flying dangerous missions into Afghanistan, into
Iraq, into other places where the terrorists do have MPADS and can
shoot them out of the sky.
Don't give me that business that this has something to do with
disarmament. This has to do with protecting the men and women that are
flying our large aircraft and giving them the protection that they
need.
Mr. Chair, I yield back the balance of my time.
Mr. ROGERS of Alabama. Mr. Chair, this is about disarmament.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Garamendi).
The amendment was rejected.
Amendment No. 10 Offered by Mr. McKinley
The Acting CHAIR. It is now in order to consider amendment No. 10
printed in part B of House Report 114-569.
Mr. McKINLEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end of title VIII the following new section:
SEC. 843. POLICY REGARDING SOLID ROCKET MOTORS USED IN
TACTICAL MISSILES.
(a) Policy.--The Secretary of Defense shall ensure that
every tactical missile program of the Department of Defense
that uses solid propellant as the primary propulsion system
shall have at least two fully certified rocket motor
suppliers in the event that one of the rocket motor suppliers
is outside the national technology and industrial base (as
defined in section 2500(1) of title 10, United States Code).
(b) Waiver.--The Secretary may waive subsection (a) in the
case of compelling national security reasons.
The Acting CHAIR. Pursuant to House Resolution 732, the gentleman
from West Virginia (Mr. McKinley) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from West Virginia.
Mr. McKINLEY. Mr. Chairman, this bipartisan amendment seeks to
address the problem of America's declining defense industrial base.
Consider these facts. Since the 1980s, the number of American rocket
motor companies has declined by 60 percent with only two companies
remaining able to manufacture motors that propel our missiles.
The Department of Defense has already published seven reports going
back to 2009 and all the way up to last year, all talking about
specifically warning of the danger of this decline of our solid rocket
motor industrial base. In these reports, they use terms like ``at
risk,'' ``vulnerable,'' ``shrinking,'' ``atrophying,'' and ``fragile.''
Despite these reports, the Air Force has permitted outsourcing of
rocket motors for tactical missiles to foreign companies without even
giving other U.S. companies the opportunity to compete.
Mr. Chairman, this illustrates why so many Americans are frustrated
with Washington. The DOD has identified a problem, but they haven't
done anything about it since these reports have been surfacing.
This amendment will help correct the problem, strengthen the solid
rocket motor industrial base, and possibly create American
manufacturing jobs.
The amendment simply says that, if there is a foreign supplier for
solid rocket motors on our missiles, the DOD must ensure there is a
second supplier available. The second supplier can be domestic or it
can be foreign.
Last year a similar provision passed in the House NDAA, but was
removed in conference with the Senate. Since that time, we have
modified this amendment to try to find a compromise that would be
acceptable.
Now, the bottom line is: This is about an opportunity to strengthen
America's industrial base and American jobs.
The question remains: Does Congress stand for American jobs or with
continued foreign outsourcing and weakening our fragile manufacturing
capacity?
Mr. Chairman, let's give our firms in America an opportunity to
compete.
I would like to thank Chairman Thornberry for his support of this
amendment and his staff for working with us as well as our bipartisan
sponsors of this amendment.
I urge a ``yes'' vote on this amendment.
I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. SMITH of Washington. Mr. Chair, I yield to the gentlewoman from
Arizona (Ms. McSally).
Ms. McSALLY. Mr. Chair, I rise today in strong opposition to this
proposed amendment. Although I have respect for my colleague and
teammate, I have strong reservations and opposition to this amendment.
This amendment is a solution in search of a problem. It would delay
critical missile capabilities to the warfighter and will be more costly
to the taxpayer.
Only two tactical missile programs in production today use
international motors, and both of them are made by our friend, Norway.
If enacted, prime contractors will have to pause production of
critical tactical missiles and spend tens of millions in compliance
costs to certify an alternative product that does not currently exist.
What is more, while we wait for the second company to develop a
working product line, we will slow production of missiles needed by
warfighters today.
The history for why past programs have used international motors is
important to keep in mind. In 2011, after a history of success, the
AMRAAM missile, which is a critical air-to-air missile--and, as a
fighter pilot, I know a little bit about capabilities--that was built
by a domestic company, but began to fail in cold weather.
Think about that. You are a fighter pilot. You have been called to
engage with the enemy. You have got them in your sight.
{time} 1645
You hit the pickle button and the missile fails on you; puts your
life at risk and the risk of air superiority and our military
capabilities and the military mission.
In that circumstance, the domestic company was unable to solve the
problem, so we turned to a back-up company in Norway. Our NATO ally,
Norway, stepped in to fill the production gap for the AMRAAM program,
which produces missiles we sell to dozens of our partner nations to
guarantee air superiority in any contingency.
Without our foreign partner, the AMRAAM program could have been shut
down for up to 5 years. Instead, we turned around a 2-year production
lag and put the missile program ahead of schedule.
If this amendment passes, it will put a dangerous pause on this
critical air-to-air missile program, risking air superiority for us and
our allies.
If the domestic producer, which will benefit from this amendment,
wants its rocket motors back on the AMRAAM missile, they need to fix
their quality issues and compete when the shortfalls are addressed
instead of asking Congress to take up the slack with an earmark-like
amendment like this one.
The amendment puts parochial interests above what is best for our
fighter pilots, our warfighters, and our military readiness. That is
not right, and we owe it to our troops to shoot it down.
In closing, the Department of Defense, the Navy and the Air Force
have all expressed strong opposition to this amendment.
The Pentagon believes this language would require significant program
investment and ultimately result in increased program costs that will
be passed on to the taxpayer or come at the expense of other important
defense spending and readiness, which we are trying to fix in this bill
today. We simply cannot afford it.
Current law already provides the authority for the Department of
Defense to address this issue. Mandating two vendors is merely a clever
effort to essentially put an earmark for a specific
[[Page H2677]]
defense company into this bill. This same amendment was debated last
year, but it was dropped in conference. It will ultimately harm our
warfighters in a time that we need to be giving them every advantage,
ensuring the equipment that they have is reliable.
I strongly urge a ``no'' vote on this amendment.
Mr. McKINLEY. Mr. Chairman, how much time do I have?
The Acting CHAIR. The gentleman from West Virginia has 2\1/4\ minutes
remaining.
Mr. McKINLEY. Mr. Chair, I yield myself such time as I may consume.
Let's try to clarify this. And I do appreciate the remarks of my
colleague.
We are talking about a situation that when the performance
specification was changed, there was a problem. I recognize that.
But the problem here, or the issue here is that the defense already
was embarking on going overseas to find a supplier before there were
any problems that had surfaced with this. This has been cleared. We
understand that.
Now, let's go further with this. We are not talking about just an
American firm. There are two, possibly there could be another one that
could emerge, three or four. Remember, we used to have far more rocket
motor manufacturers in America. We are down to two now.
Now, maybe there is going to be a foreign corporation, someone else
that surfaces with this. We know there are others. But it just seems
patently shortsighted for us in America, with all this purchasing power
that we have, to limit ourselves to one supplier, one supplier.
So what we are saying is, fulfill the specifications, find out
whether or not you can get another firm as qualified to be able to do
this, whether it is foreign or domestic. But let's have competition.
For the American public and our defense and our spending, I think it is
a fiscally responsible thing to do to try to find a way to be
responsible in our dollars. So it may be an American firm. Quite
frankly, I hope it is. And then we can stimulate our declining
industrial defense base. But if it is someone else, at least we are
going to find we have competition. And unless I am wrong, I always
thought that the American way was finding competition to be able to
compete with us.
This amendment gives us an opportunity. Since 2009, our government
has come out with report after report after report after report that
there is a problem. We need to address it.
But they have done nothing other than outsourcing this material. I
think it is time that we take action, we allow an opportunity for a
second firm to compete.
Mr. Chairman, I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from West Virginia (Mr. McKinley).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. McKINLEY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from West
Virginia will be postponed.
The Committee will rise informally.
The Speaker pro tempore (Mr. Holding) assumed the chair.
____________________