PUBL328.PS

PUBLIC LAW 114–328—DEC. 23, 2016

NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2017

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130 STAT. 2000 PUBLIC LAW 114–328—DEC. 23, 2016

Public Law 114–328

114th Congress

An Act

To authorize appropriations for fiscal year 2017 for military activities of the Depart-

ment of Defense, for military construction, and for defense activities of the Depart-

ment of Energy, to prescribe military personnel strengths for such fiscal year,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘National Defense Authorization

Act for Fiscal Year 2017’’.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) D

IVISIONS

.—This Act is organized into five divisions as

follows:

(1) Division A—Department of Defense Authorizations.

(2) Division B—Military Construction Authorizations.

(3) Division C—Department of Energy National Security

Authorizations and Other Authorizations.

(4) Division D—Funding Tables.

(5) Division E—Uniform Code of Military Justice Reform.

(b) T

ABLE OF

ONTENTS

.—The table of contents for this Act

is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees.

Sec. 4. Budgetary effects of this Act.

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. Multiyear procurement authority for AH–64E Apache helicopters.

Sec. 112. Multiyear procurement authority for UH–60M and HH–60M Black Hawk

helicopters.

Sec. 113. Distributed Common Ground System–Army increment 1.

Sec. 114. Assessment of certain capabilities of the Department of the Army.

Subtitle C—Navy Programs

Sec. 121. Determination of vessel delivery dates.

Sec. 122. Incremental funding for detail design and construction of LHA replace-

ment ship designated LHA 8.

Sec. 123. Littoral Combat Ship.

Sec. 124. Limitation on use of sole-source shipbuilding contracts for certain vessels.

Sec. 125. Limitation on availability of funds for the Advanced Arresting Gear Pro-

gram.

National Defense

Authorization

Act for Fiscal

Year 2017.

Dec. 23, 2016

[S. 2943]

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130 STAT. 2001 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 126. Limitation on availability of funds for procurement of U.S.S. Enterprise

(CVN–80).

Sec. 127. Sense of Congress on aircraft carrier procurement schedules.

Sec. 128. Report on P–8 Poseidon aircraft.

Sec. 129. Design and construction of replacement dock landing ship designated

LX(R) or amphibious transport dock designated LPD–29.

Subtitle D—Air Force Programs

Sec. 131. EC–130H Compass Call recapitalization program.

Sec. 132. Repeal of requirement to preserve certain retired C–5 aircraft.

Sec. 133. Repeal of requirement to preserve F–117 aircraft in recallable condition.

Sec. 134. Prohibition on availability of funds for retirement of A–10 aircraft.

Sec. 135. Limitation on availability of funds for destruction of A–10 aircraft in stor-

age status.

Sec. 136. Prohibition on availability of funds for retirement of Joint Surveillance

Target Attack Radar System aircraft.

Sec. 137. Elimination of annual report on aircraft inventory.

Subtitle E—Defense-wide, Joint, and Multiservice Matters

Sec. 141. Standardization of 5.56mm rifle ammunition.

Sec. 142. Fire suppressant and fuel containment standards for certain vehicles.

Sec. 143. Limitation on availability of funds for destruction of certain cluster muni-

tions.

Sec. 144. Report on Department of Defense munitions strategy for the combatant

commands.

Sec. 145. Modifications to reporting on use of combat mission requirements funds.

Sec. 146. Report on alternative management structures for the F–35 joint strike

fighter program.

Sec. 147. Comptroller General review of F–35 Lightning II aircraft sustainment

support.

Sec. 148. Briefing on acquisition strategy for Ground Mobility Vehicle.

Sec. 149. Study and report on optimal mix of aircraft capabilities for the Armed

Forces.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Laboratory quality enhancement program.

Sec. 212. Modification of mechanisms to provide funds for defense laboratories for

research and development of technologies for military missions.

Sec. 213. Making permanent authority for defense research and development rapid

innovation program.

Sec. 214. Authorization for National Defense University and Defense Acquisition

University to enter into cooperative research and development agree-

ments.

Sec. 215. Manufacturing Engineering Education Grant Program.

Sec. 216. Notification requirement for certain rapid prototyping, experimentation,

and demonstration activities.

Sec. 217. Increased micro-purchase threshold for research programs and entities.

Sec. 218. Improved biosafety for handling of select agents and toxins.

Sec. 219. Designation of Department of Defense senior official with principal re-

sponsibility for directed energy weapons.

Sec. 220. Restructuring of the distributed common ground system of the Army.

Sec. 221. Limitation on availability of funds for the countering weapons of mass de-

struction system Constellation.

Sec. 222. Limitation on availability of funds for Defense Innovation Unit Experi-

mental.

Sec. 223. Limitation on availability of funds for Joint Surveillance Target Attack

Radar System (JSTARS) recapitalization program.

Sec. 224. Acquisition program baseline and annual reports on follow-on moderniza-

tion program for F–35 Joint Strike Fighter.

Subtitle C—Reports and Other Matters

Sec. 231. Strategy for assured access to trusted microelectronics.

Sec. 232. Pilot program on evaluation of commercial information technology.

Sec. 233. Pilot program for the enhancement of the research, development, test,

and evaluation centers of the Department of Defense.

Sec. 234. Pilot program on modernization and fielding of electromagnetic spectrum

warfare systems and electronic warfare capabilities.

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130 STAT. 2002 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 235. Pilot program on disclosure of certain sensitive information to federally

funded research and development centers.

Sec. 236. Pilot program on enhanced interaction between the Defense Advanced Re-

search Projects Agency and the service academies.

Sec. 237. Independent review of F/A–18 physiological episodes and corrective ac-

tions.

Sec. 238. B–21 bomber development program accountability matrices.

Sec. 239. Study on helicopter crash prevention and mitigation technology.

Sec. 240. Strategy for Improving Electronic and Electromagnetic Spectrum Warfare

Capabilities.

Sec. 241. Sense of Congress on development and fielding of fifth generation air-

borne systems.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Modified reporting requirement related to installations energy manage-

ment.

Sec. 312. Waiver authority for alternative fuel procurement requirement.

Sec. 313. Utility data management for military facilities.

Sec. 314. Alternative technologies for munitions disposal.

Sec. 315. Report on efforts to reduce high energy costs at military installations.

Sec. 316. Sense of Congress on funding decisions relating to climate change.

Subtitle C—Logistics and Sustainment

Sec. 321. Revision of deployability rating system and planning reform.

Sec. 322. Revision of guidance relating to corrosion control and prevention execu-

tives.

Sec. 323. Pilot program for inclusion of certain industrial plants in the Armament

Retooling and Manufacturing Support Initiative.

Sec. 324. Repair, recapitalization, and certification of dry docks at naval shipyards.

Sec. 325. Private sector port loading assessment.

Sec. 326. Strategy on revitalizing Army organic industrial base.

Subtitle D—Reports

Sec. 331. Modifications to Quarterly Readiness Report to Congress.

Sec. 332. Report on average travel costs of members of the reserve components.

Sec. 333. Report on HH–60G sustainment and Combat Rescue Helicopter program.

Subtitle E—Other Matters

Sec. 341. Air navigation matters.

Sec. 342. Contract working dogs.

Sec. 343. Plan, funding documents, and management review relating to explosive

ordnance disposal.

Sec. 344. Process for communicating availability of surplus ammunition.

Sec. 345. Mitigation of risks posed by window coverings with accessible cords in

certain military housing units.

Sec. 346. Access to military installations by transportation companies.

Sec. 347. Access to wireless high-speed Internet and network connections for cer-

tain members of the Armed Forces.

Sec. 348. Limitation on availability of funds for Office of the Under Secretary of De-

fense for Intelligence.

Sec. 349. Limitation on development and fielding of new camouflage and utility

uniforms.

Sec. 350. Plan for improved dedicated adversary air training enterprise of the Air

Force.

Sec. 351. Independent review and assessment of the Ready Aircrew Program of the

Air Force.

Sec. 352. Study on space-available travel system of the Department of Defense.

Sec. 353. Evaluation of motor carrier safety performance and safety technology.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revisions in permanent active duty end strength minimum levels.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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130 STAT. 2003 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 412. End strengths for reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2017 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty

for operational support.

Sec. 416. Technical corrections to annual authorization for personnel strengths.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Reduction in number of general and flag officers on active duty and au-

thorized strength after December 31, 2022, of such general and flag offi-

cers.

Sec. 502. Repeal of statutory specification of general or flag officer grade for various

positions in the Armed Forces.

Sec. 503. Number of Marine Corps general officers.

Sec. 504. Promotion eligibility period for officers whose confirmation of appoint-

ment is delayed due to nonavailability to the Senate of probative infor-

mation under control of non-Department of Defense agencies.

Sec. 505. Continuation of certain officers on active duty without regard to require-

ment for retirement for years of service.

Sec. 506. Equal consideration of officers for early retirement or discharge.

Sec. 507. Modification of authority to drop from rolls a commissioned officer.

Sec. 508. Extension of force management authorities allowing enhanced flexibility

for officer personnel management.

Sec. 509. Pilot programs on direct commissions to cyber positions.

Sec. 510. Length of joint duty assignments.

Sec. 510A. Revision of definitions used for joint officer management.

Subtitle B—Reserve Component Management

Sec. 511. Authority for temporary waiver of limitation on term of service of Vice

Chief of the National Guard Bureau.

Sec. 512. Rights and protections available to military technicians.

Sec. 513. Inapplicability of certain laws to National Guard technicians performing

active Guard and Reserve duty.

Sec. 514. Extension of removal of restrictions on the transfer of officers between the

active and inactive National Guard.

Sec. 515. Extension of temporary authority to use Air Force reserve component per-

sonnel to provide training and instruction regarding pilot training.

Sec. 516. Expansion of eligibility for deputy commander of combatant command

having United States among geographic area of responsibility to include

officers of the Reserves.

Subtitle C—General Service Authorities

Sec. 521. Matters relating to provision of leave for members of the Armed Forces,

including prohibition on leave not expressly authorized by law.

Sec. 522. Transfer of provision relating to expenses incurred in connection with

leave canceled due to contingency operations.

Sec. 523. Expansion of authority to execute certain military instruments.

Sec. 524. Medical examination before administrative separation for members with

post-traumatic stress disorder or traumatic brain injury in connection

with sexual assault.

Sec. 525. Reduction of tenure on the temporary disability retired list.

Sec. 526. Technical correction to voluntary separation pay and benefits.

Sec. 527. Consolidation of Army marketing and pilot program on consolidated Army

recruiting.

Subtitle D—Member Whistleblower Protections and Correction of Military Records

Sec. 531. Improvements to whistleblower protection procedures.

Sec. 532. Modification of whistleblower protection authorities to restrict contrary

findings of prohibited personnel action by the Secretary concerned.

Sec. 533. Availability of certain Correction of Military Records and Discharge Re-

view Board information through the Internet.

Sec. 534. Improvements to authorities and procedures for the correction of military

records.

Sec. 535. Treatment by discharge review boards of claims asserting post-traumatic

stress disorder or traumatic brain injury in connection with combat or

sexual trauma as a basis for review of discharge.

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130 STAT. 2004 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 536. Comptroller General of the United States review of integrity of Depart-

ment of Defense whistleblower program.

Subtitle E—Military Justice and Legal Assistance Matters

Sec. 541. United States Court of Appeals for the Armed Forces.

Sec. 542. Effective prosecution and defense in courts-martial and pilot programs on

professional military justice development for judge advocates.

Sec. 543. Inclusion in annual reports on sexual assault prevention and response ef-

forts of the Armed Forces of information on complaints of retaliation in

connection with reports of sexual assault in the Armed Forces.

Sec. 544. Extension of the requirement for annual report regarding sexual assaults

and coordination with release of Family Advocacy Program report.

Sec. 545. Metrics for evaluating the efforts of the Armed Forces to prevent and re-

spond to retaliation in connection with reports of sexual assault in the

Armed Forces.

Sec. 546. Training for Department of Defense personnel who investigate claims of

retaliation.

Sec. 547. Notification to complainants of resolution of investigations into retalia-

tion.

Sec. 548. Modification of definition of sexual harassment for purposes of investiga-

tions by commanding officers of complaints of harassment.

Sec. 549. Improved Department of Defense prevention of and response to hazing in

the Armed Forces.

Subtitle F—National Commission on Military, National, and Public Service

Sec. 551. Purpose, scope, and definitions.

Sec. 552. Preliminary report on purpose and utility of registration system under

Military Selective Service Act.

Sec. 553. National Commission on Military, National, and Public Service.

Sec. 554. Commission hearings and meetings.

Sec. 555. Principles and procedure for Commission recommendations.

Sec. 556. Executive Director and staff.

Sec. 557. Termination of Commission.

Subtitle G—Member Education, Training, Resilience, and Transition

Sec. 561. Modification of program to assist members of the Armed Forces in obtain-

ing professional credentials.

Sec. 562. Inclusion of alcohol, prescription drug, opioid, and other substance abuse

counseling as part of required preseparation counseling.

Sec. 563. Inclusion of information in Transition Assistance Program regarding ef-

fect of receipt of both veteran disability compensation and voluntary

separation pay.

Sec. 564. Training under Transition Assistance Program on career and employment

opportunities associated with transportation security cards.

Sec. 565. Extension of suicide prevention and resilience program.

Sec. 566. Congressional notification in advance of appointments to service acad-

emies.

Sec. 567. Report and guidance on Job Training, Employment Skills Training, Ap-

prenticeships, and Internships and SkillBridge initiatives for members

of the Armed Forces who are being separated.

Sec. 568. Military-to-mariner transition.

Subtitle H—Defense Dependents’ Education and Military Family Readiness Matters

Sec. 571. Continuation of authority to assist local educational agencies that benefit

dependents of members of the Armed Forces and Department of Defense

civilian employees.

Sec. 572. One-year extension of authorities relating to the transition and support

of military dependent students to local educational agencies.

Sec. 573. Annual notice to members of the Armed Forces regarding child custody

protections guaranteed by the Servicemembers Civil Relief Act.

Sec. 574. Requirement for annual Family Advocacy Program report regarding child

abuse and domestic violence.

Sec. 575. Reporting on allegations of child abuse in military families and homes.

Sec. 576. Repeal of Advisory Council on Dependents’ Education.

Sec. 577. Support for programs providing camp experience for children of military

families.

Sec. 578. Comptroller General of the United States assessment and report on Ex-

ceptional Family Member Programs.

Sec. 579. Impact aid amendments.

Subtitle I—Decorations and Awards

Sec. 581. Posthumous advancement of Colonel George E. ‘‘Bud’’ Day, United States

Air Force, on the retired list.

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130 STAT. 2005 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 582. Authorization for award of medals for acts of valor during certain contin-

gency operations.

Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose and

James C. McCloughan for acts of valor during the Vietnam War.

Sec. 584. Authorization for award of Distinguished-Service Cross to First Lieuten-

ant Melvin M. Spruiell for acts of valor during World War II.

Sec. 585. Authorization for award of the Distinguished Service Cross to Chaplain

(First Lieutenant) Joseph Verbis LaFleur for acts of valor during World

War II.

Sec. 586. Review regarding award of Medal of Honor to certain Asian American

and Native American Pacific Islander war veterans.

Subtitle J—Miscellaneous Reports and Other Matters

Sec. 591. Repeal of requirement for a chaplain at the United States Air Force Acad-

emy appointed by the President.

Sec. 592. Extension of limitation on reduction in number of military and civilian

personnel assigned to duty with service review agencies.

Sec. 593. Annual reports on progress of the Army and the Marine Corps in inte-

grating women into military occupational specialities and units recently

opened to women.

Sec. 594. Report on feasability of electronic tracking of operational active-duty serv-

ice performed by members of the Ready Reserve of the Armed Forces.

Sec. 595. Report on discharge by warrant officers of pilot and other flight officer po-

sitions in the Navy, Marine Corps, and Air Force currently discharged

by commissioned officers.

Sec. 596. Body mass index test.

Sec. 597. Report on career progression tracks of the Armed Forces for women in

combat arms units.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Fiscal year 2017 increase in military basic pay.

Sec. 602. Publication by Department of Defense of actual rates of basic pay payable

to members of the Armed Forces by pay grade for annual or other pay

periods.

Sec. 603. Extension of authority to provide temporary increase in rates of basic al-

lowance for housing under certain circumstances.

Sec. 604. Reports on a new single-salary pay system for members of the Armed

Forces.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for re-

serve forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for health

care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-

cers.

Sec. 614. One-year extension of authorities relating to title 37 consolidated special

pay, incentive pay, and bonus authorities.

Sec. 615. One-year extension of authorities relating to payment of other title 37 bo-

nuses and special pays.

Sec. 616. Aviation incentive pay and bonus matters.

Sec. 617. Conforming amendment to consolidation of special pay, incentive pay, and

bonus authorities.

Sec. 618. Technical amendments relating to 2008 consolidation of certain special

pay authorities.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Maximum reimbursement amount for travel expenses of members of the

Reserves attending inactive duty training outside of normal commuting

distances.

Subtitle D—Disability Pay, Retired Pay, and Survivor Benefits

ART

I—A

MENDMENTS IN

ONNECTION

ITH

ETIRED

EFORM

Sec. 631. Election period for members in the service academies and inactive Re-

serves to participate in the modernized retirement system.

Sec. 632. Effect of separation of members from the uniformed services on participa-

tion in the Thrift Savings Plan.

Sec. 633. Continuation pay for full Thrift Savings Plan members who have com-

pleted 8 to 12 years of service.

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130 STAT. 2006 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 634. Combat-related special compensation coordinating amendment.

ART

II—O

THER

ATTERS

Sec. 641. Use of member’s current pay grade and years of service and retired pay

cost-of-living adjustments, rather than final retirement pay grade and

years of service, in a division of property involving disposable retired

pay.

Sec. 642. Equal benefits under Survivor Benefit Plan for survivors of reserve com-

ponent members who die in the line of duty during inactive-duty train-

ing.

Sec. 643. Authority to deduct Survivor Benefit Plan premiums from combat-related

special compensation when retired pay not sufficient.

Sec. 644. Extension of allowance covering monthly premium for Servicemembers’

Group Life Insurance while in certain overseas areas to cover members

in any combat zone or overseas direct support area.

Sec. 645. Authority for payment of pay and allowances and retired and retainer pay

pursuant to power of attorney.

Sec. 646. Extension of authority to pay special survivor indemnity allowance under

the Survivor Benefit Plan.

Sec. 647. Repeal of obsolete authority for combat-related injury rehabilitation pay.

Sec. 648. Independent assessment of the Survivor Benefit Plan.

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and

Operations

Sec. 661. Protection and enhancement of access to and savings at commissaries and

exchanges.

Sec. 662. Acceptance of Military Star Card at commissaries.

Subtitle F—Other Matters

Sec. 671. Recovery of amounts owed to the United States by members of the uni-

formed services.

Sec. 672. Modification of flat rate per diem requirement for personnel on long-term

temporary duty assignments.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Reform of TRICARE and Military Health System

Sec. 701. TRICARE Select and other TRICARE reform.

Sec. 702. Reform of administration of the Defense Health Agency and military med-

ical treatment facilities.

Sec. 703. Military medical treatment facilities.

Sec. 704. Access to urgent and primary care under TRICARE program.

Sec. 705. Value-based purchasing and acquisition of managed care support con-

tracts for TRICARE program.

Sec. 706. Establishment of high performance military-civilian integrated health de-

livery systems.

Sec. 707. Joint Trauma System.

Sec. 708. Joint Trauma Education and Training Directorate.

Sec. 709. Standardized system for scheduling medical appointments at military

treatment facilities.

Subtitle B—Other Health Care Benefits

Sec. 711. Extended TRICARE program coverage for certain members of the Na-

tional Guard and dependents during certain disaster response duty.

Sec. 712. Continuity of health care coverage for Reserve Components.

Sec. 713. Provision of hearing aids to dependents of retired members.

Sec. 714. Coverage of medically necessary food and vitamins for certain conditions

under the TRICARE program.

Sec. 715. Eligibility of certain beneficiaries under the TRICARE program for par-

ticipation in the Federal Employees Dental and Vision Insurance Pro-

gram.

Sec. 716. Applied behavior analysis.

Sec. 717. Evaluation and treatment of veterans and civilians at military treatment

facilities.

Sec. 718. Enhancement of use of telehealth services in military health system.

Sec. 719. Authorization of reimbursement by Department of Defense to entities car-

rying out State vaccination programs for costs of vaccines provided to

covered beneficiaries.

Subtitle C—Health Care Administration

Sec. 721. Authority to convert military medical and dental positions to civilian

medical and dental positions.

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130 STAT. 2007 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 722. Prospective payment of funds necessary to provide medical care for the

Coast Guard.

Sec. 723. Reduction of administrative requirements relating to automatic renewal

of enrollments in TRICARE Prime.

Sec. 724. Modification of authority of Uniformed Services University of the Health

Sciences to include undergraduate and other medical education and

training programs.

Sec. 725. Adjustment of medical services, personnel authorized strengths, and in-

frastructure in military health system to maintain readiness and core

competencies of health care providers.

Sec. 726. Program to eliminate variability in health outcomes and improve quality

of health care services delivered in military medical treatment facilities.

Sec. 727. Acquisition strategy for health care professional staffing services.

Sec. 728. Adoption of core quality performance metrics.

Sec. 729. Improvement of health outcomes and control of costs of health care under

TRICARE program through programs to involve covered beneficiaries.

Sec. 730. Accountability for the performance of the military health system of cer-

tain leaders within the system.

Sec. 731. Establishment of advisory committees for military treatment facilities.

Subtitle D—Reports and Other Matters

Sec. 741. Extension of authority for joint Department of Defense-Department of

Veterans Affairs Medical Facility Demonstration Fund and report on

implementation of information technology capabilities.

Sec. 742. Pilot program on expansion of use of physician assistants to provide men-

tal health care to members of the Armed Forces.

Sec. 743. Pilot program for prescription drug acquisition cost parity in the

TRICARE pharmacy benefits program.

Sec. 744. Pilot program on display of wait times at urgent care clinics and phar-

macies of military medical treatment facilities.

Sec. 745. Requirement to review and monitor prescribing practices at military

treatment facilities of pharmaceutical agents for treatment of post-trau-

matic stress.

Sec. 746. Department of Defense study on preventing the diversion of opioid medi-

cations.

Sec. 747. Incorporation into survey by Department of Defense of questions on expe-

riences of members of the Armed Forces with family planning services

and counseling.

Sec. 748. Assessment of transition to TRICARE program by families of members of

reserve components called to active duty and elimination of certain

charges for such families.

Sec. 749. Oversight of graduate medical education programs of military depart-

ments.

Sec. 750. Study on health of helicopter and tiltrotor pilots.

Sec. 751. Comptroller General reports on health care delivery and waste in military

health system.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND

RELATED MATTERS

Subtitle A—Acquisition Policy and Management

Sec. 801. Rapid acquisition authority amendments.

Sec. 802. Authority for temporary service of Principal Military Deputies to the As-

sistant Secretaries of the military departments for acquisition as Acting

Assistant Secretaries.

Sec. 803. Modernization of services acquisition.

Sec. 804. Defense Modernization Account amendments.

Subtitle B—Department of Defense Acquisition Agility

Sec. 805. Modular open system approach in development of major weapon systems.

Sec. 806. Development, prototyping, and deployment of weapon system components

or technology.

Sec. 807. Cost, schedule, and performance of major defense acquisition programs.

Sec. 808. Transparency in major defense acquisition programs.

Sec. 809. Amendments relating to technical data rights.

Subtitle C—Amendments to General Contracting Authorities, Procedures, and

Limitations

Sec. 811. Modified restrictions on undefinitized contractual actions.

Sec. 812. Amendments relating to inventory and tracking of purchases of services.

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130 STAT. 2008 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 813. Use of lowest price technically acceptable source selection process.

Sec. 814. Procurement of personal protective equipment.

Sec. 815. Amendments related to detection and avoidance of counterfeit electronic

parts.

Sec. 816. Amendments to special emergency procurement authority.

Sec. 817. Compliance with domestic source requirements for footwear furnished to

enlisted members of the Armed Forces upon their initial entry into the

Armed Forces.

Sec. 818. Extension of authority for enhanced transfer of technology developed at

Department of Defense laboratories.

Sec. 819. Modified notification requirement for exercise of waiver authority to ac-

quire vital national security capabilities.

Sec. 820. Defense cost accounting standards.

Sec. 821. Increased micro-purchase threshold applicable to Department of Defense

procurements.

Sec. 822. Enhanced competition requirements.

Sec. 823. Revision to effective date of senior executive benchmark compensation for

allowable cost limitations.

Sec. 824. Treatment of independent research and development costs on certain con-

tracts.

Sec. 825. Exception to requirement to include cost or price to the Government as

a factor in the evaluation of proposals for certain multiple-award task

or delivery order contracts.

Sec. 826. Extension of program for comprehensive small business contracting plans.

Sec. 827. Treatment of side-by-side testing of certain equipment, munitions, and

technologies manufactured and developed under cooperative research

and development agreements as use of competitive procedures.

Sec. 828. Defense Acquisition Challenge Program amendments.

Sec. 829. Preference for fixed-price contracts.

Sec. 830. Requirement to use firm fixed-price contracts for foreign military sales.

Sec. 831. Preference for performance-based contract payments.

Sec. 832. Contractor incentives to achieve savings and improve mission perform-

ance.

Sec. 833. Sunset and repeal of certain contracting provisions.

Sec. 834. Flexibility in contracting award program.

Sec. 835. Protection of task order competition.

Sec. 836. Contract closeout authority.

Sec. 837. Closeout of old Department of the Navy contracts.

Subtitle D—Provisions Relating to Major Defense Acquisition Programs

Sec. 841. Change in date of submission to Congress of Selected Acquisition Reports.

Sec. 842. Amendments relating to independent cost estimation and cost analysis.

Sec. 843. Revisions to Milestone B determinations.

Sec. 844. Review and report on sustainment planning in the acquisition process.

Sec. 845. Revision to distribution of annual report on operational test and evalua-

tion.

Sec. 846. Repeal of major automated information systems provisions.

Sec. 847. Revisions to definition of major defense acquisition program.

Sec. 848. Acquisition strategy.

Sec. 849. Improved life-cycle cost control.

Sec. 850. Authority to designate increments or blocks of items delivered under

major defense acquisition programs as major subprograms for purposes

of acquisition reporting.

Sec. 851. Reporting of small business participation on Department of Defense pro-

grams.

Sec. 852. Waiver of congressional notification for acquisition of tactical missiles and

munitions greater than quantity specified in law.

Sec. 853. Multiple program multiyear contract pilot demonstration program.

Sec. 854. Key performance parameter reduction pilot program.

Sec. 855. Mission integration management.

Subtitle E—Provisions Relating to Acquisition Workforce

Sec. 861. Project management.

Sec. 862. Authority to waive tenure requirement for program managers for pro-

gram definition and program execution periods.

Sec. 863. Purposes for which the Department of Defense Acquisition Workforce De-

velopment Fund may be used; advisory panel amendments.

Sec. 864. Department of Defense Acquisition Workforce Development Fund deter-

mination adjustment.

Sec. 865. Limitations on funds used for staff augmentation contracts at manage-

ment headquarters of the Department of Defense and the military de-

partments.

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130 STAT. 2009 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 866. Senior Military Acquisition Advisors in the Defense Acquisition Corps.

Sec. 867. Authority of the Secretary of Defense under the acquisition demonstration

project.

Subtitle F—Provisions Relating to Commercial Items

Sec. 871. Market research for determination of price reasonableness in acquisition

of commercial items.

Sec. 872. Value analysis for the determination of price reasonableness.

Sec. 873. Clarification of requirements relating to commercial item determinations.

Sec. 874. Inapplicability of certain laws and regulations to the acquisition of com-

mercial items and commercially available off-the-shelf items.

Sec. 875. Use of commercial or non-Government standards in lieu of military speci-

fications and standards.

Sec. 876. Preference for commercial services.

Sec. 877. Treatment of commingled items purchased by contractors as commercial

items.

Sec. 878. Treatment of services provided by nontraditional contractors as commer-

cial items.

Sec. 879. Defense pilot program for authority to acquire innovative commercial

items, technologies, and services using general solicitation competitive

procedures.

Sec. 880. Pilot programs for authority to acquire innovative commercial items using

general solicitation competitive procedures.

Subtitle G—Industrial Base Matters

Sec. 881. Greater integration of the national technology and industrial base.

Sec. 882. Integration of civil and military roles in attaining national technology and

industrial base objectives.

Sec. 883. Pilot program for distribution support and services for weapon systems

contractors.

Sec. 884. Nontraditional and small contractor innovation prototyping program.

Subtitle H—Other Matters

Sec. 885. Report on bid protests.

Sec. 886. Review and report on indefinite delivery contracts.

Sec. 887. Review and report on contractual flow-down provisions.

Sec. 888. Requirement and review relating to use of brand names or brand-name

or equivalent descriptions in solicitations.

Sec. 889. Inclusion of information on common grounds for sustaining bid protests

in annual Government Accountability Office reports to Congress.

Sec. 890. Study and report on contracts awarded to minority-owned and women-

owned businesses.

Sec. 891. Authority to provide reimbursable auditing services to certain non-De-

fense Agencies.

Sec. 892. Selection of service providers for auditing services and audit readiness

services.

Sec. 893. Amendments to contractor business system requirements.

Sec. 894. Improved management practices to reduce cost and improve performance

of certain Department of Defense organizations.

Sec. 895. Exemption from requirement for capital planning and investment control

for information technology equipment included as integral part of a

weapon or weapon system.

Sec. 896. Modifications to pilot program for streamlining awards for innovative

technology projects.

Sec. 897. Rapid prototyping funds for the military departments.

Sec. 898. Establishment of Panel on Department of Defense and AbilityOne Con-

tracting Oversight, Accountability, and Integrity; Defense Acquisition

University training.

Sec. 899. Coast Guard major acquisition programs.

Sec. 899A. Enhanced authority to acquire products and services produced in Africa

in support of certain activities.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A—Office of the Secretary of Defense and Related Matters

Sec. 901. Organization of the Office of the Secretary of Defense.

Sec. 902. Responsibilities and reporting of the Chief Information Officer of the De-

partment of Defense.

Sec. 903. Maximum number of personnel in the Office of the Secretary of Defense

and other Department of Defense headquarters offices.

Sec. 904. Repeal of Financial Management Modernization Executive Committee.

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130 STAT. 2010 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle B—Organization and Management of the Department of Defense Generally

Sec. 911. Organizational strategy for the Department of Defense.

Sec. 912. Policy, organization, and management goals and priorities of the Sec-

retary of Defense for the Department of Defense.

Sec. 913. Secretary of Defense delivery unit.

Sec. 914. Performance of civilian functions by military personnel.

Sec. 915. Repeal of requirements relating to efficiencies plan for the civilian per-

sonnel workforce and service contractor workforce of the Department of

Defense.

Subtitle C—Joint Chiefs of Staff and Combatant Command Matters

Sec. 921. Joint Chiefs of Staff and related combatant command matters.

Sec. 922. Organization of the Department of Defense for management of special op-

erations forces and special operations.

Sec. 923. Establishment of unified combatant command for cyber operations.

Sec. 924. Assigned forces of the combatant commands.

Sec. 925. Modifications to the requirements process.

Sec. 926. Review of combatant command organization.

Subtitle D—Organization and Management of Other Department of Defense Offices

and Elements

Sec. 931. Qualifications for appointment of the Secretaries of the military depart-

ments.

Sec. 932. Enhanced personnel management authorities for the Chief of the Na-

tional Guard Bureau.

Sec. 933. Reorganization and redesignation of Office of Family Policy and Office of

Community Support for Military Families with Special Needs.

Sec. 934. Redesignation of Assistant Secretary of the Air Force for Acquisition as

Assistant Secretary of the Air Force for Acquisition, Technology, and Lo-

gistics.

Subtitle E—Strategies, Reports, and Related Matters

Sec. 941. National defense strategy.

Sec. 942. Commission on the National Defense Strategy for the United States.

Sec. 943. Reform of the national military strategy.

Sec. 944. Form of annual national security strategy report.

Sec. 945. Modification to independent study of national security strategy formula-

tion process.

Subtitle F—Other Matters

Sec. 951. Enhanced security programs for Department of Defense personnel and in-

novation initiatives.

Sec. 952. Modification of authority of the Secretary of Defense relating to protection

of the Pentagon Reservation and other Department of Defense facilities

in the National Capital Region.

Sec. 953. Modifications to requirements for accounting for members of the Armed

Forces and Department of Defense civilian employees listed as missing.

Sec. 954. Modifications to corrosion report.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Report on auditable financial statements.

Sec. 1003. Increased use of commercial data integration and analysis products for

the purpose of preparing financial statement audits.

Sec. 1004. Sense of Congress on sequestration.

Sec. 1005. Requirement to transfer funds from Department of Defense Acquisition

Workforce Development Fund to the Treasury.

Subtitle B—Counterdrug Activities

Sec. 1011. Codification and modification of authority to provide support for

counterdrug activities and activities to counter transnational organized

crime of civilian law enforcement agencies.

Sec. 1012. Secretary of Defense review of curricula and program structures of Na-

tional Guard counterdrug schools.

Sec. 1013. Extension of authority to support unified counterdrug and counterter-

rorism campaign in Colombia.

Sec. 1014. Enhancement of information sharing and coordination of military train-

ing between Department of Homeland Security and Department of De-

fense.

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130 STAT. 2011 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle C—Naval Vessels and Shipyards

Sec. 1021. Definition of short-term work with respect to overhaul, repair, or main-

tenance of naval vessels.

Sec. 1022. Warranty requirements for shipbuilding contracts.

Sec. 1023. National Sea-Based Deterrence Fund.

Sec. 1024. Availability of funds for retirement or inactivation of Ticonderoga-class

cruisers or dock landing ships.

Subtitle D—Counterterrorism

Sec. 1031. Frequency of counterterrorism operations briefings.

Sec. 1032. Prohibition on use of funds for transfer or release of individuals detained

at United States Naval Station, Guantanamo Bay, Cub, to the United

States.

Sec. 1033. Prohibition on use of funds to construct or modify facilities in the United

States to house detainees transferred from United States Naval Station,

Guantanamo Bay, Cuba.

Sec. 1034. Prohibition on use of funds for transfer or release to certain countries

of individuals detained at United States Naval Station, Guantanamo

Bay, Cuba.

Sec. 1035. Prohibition on use of funds for realignment of forces at or closure of

United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1036. Congressional notification requirements for sensitive military operations.

Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1041. Expanded authority for transportation by the Department of Defense of

non-Department of Defense personnel and cargo.

Sec. 1042. Reduction in minimum number of Navy carrier air wings and carrier air

wing headquarters required to be maintained.

Sec. 1043. Modification to support for non-Federal development and testing of ma-

terial for chemical agent defense.

Sec. 1044. Protection of certain Federal spectrum operations.

Sec. 1045. Prohibition on use of funds for retirement of legacy maritime mine coun-

termeasures platforms.

Sec. 1046. Extension of authority of Secretary of Transportation to issue non-pre-

mium aviation insurance.

Sec. 1047. Evaluation of Navy alternate combination cover and unisex combination

cover.

Sec. 1048. Independent evaluation of Department of Defense excess property pro-

gram.

Sec. 1049. Waiver of certain polygraph examination requirements.

Sec. 1050. Use of Transportation Worker Identification Credential to gain access at

Department of Defense installations.

Sec. 1051. Limitation on availability of funds for destruction of certain landmines

and briefing on development of replacement anti-personnel landmine

munitions.

Sec. 1052. Transition of Air Force to operation of remotely piloted aircraft by en-

listed personnel.

Sec. 1053. Prohibition on divestment of Marine Corps Search and Rescue Units.

Sec. 1054. Support for the Associate Director of the Central Intelligence Agency for

Military Affairs.

Sec. 1055. Notification on the provision of defense sensitive support.

Sec. 1056. Prohibition on enforcement of military commission rulings preventing

members of the Armed Forces from carrying out otherwise lawful duties

based on member sex.

Subtitle F—Studies and Reports

Sec. 1061. Temporary continuation of certain Department of Defense reporting re-

quirements.

Sec. 1062. Reports on programs managed under alternative compensatory control

measures in the Department of Defense.

Sec. 1063. Matters for inclusion in report on designation of countries for which re-

wards may be paid under Department of Defense rewards program.

Sec. 1064. Annual reports on unfunded priorities of the Armed Forces and the com-

batant commands and annual report on combatant command require-

ments.

Sec. 1065. Management and reviews of electromagnetic spectrum.

Sec. 1066. Requirement for notice and reporting to Committees on Armed Services

on certain expenditures of funds by Defense Intelligence Agency.

Sec. 1067. Congressional notification of biological select agent and toxin theft, loss,

or release involving the Department of Defense.

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130 STAT. 2012 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 1068. Report on service-provided support and enabling capabilities to United

States special operations forces.

Sec. 1069. Report on citizen security responsibilities in the Northern Triangle of

Central America.

Sec. 1070. Report on counterproliferation activities and programs.

Sec. 1071. Report on testing and integration of minehunting sonar systems to im-

prove Littoral Combat Ship minehunting capabilities.

Sec. 1072. Quarterly reports on parachute jumps conducted at Fort Bragg and Pope

Army Airfield and Air Force support for such jumps.

Sec. 1073. Study on military helicopter noise.

Sec. 1074. Independent review of United States military strategy and force posture

in the United States Pacific Command area of responsibility.

Sec. 1075. Assessment of the joint ground forces of the Armed Forces.

Subtitle G—Other Matters

Sec. 1081. Technical and clerical amendments.

Sec. 1082. Increase in maximum amount available for equipment, services, and

supplies provided for humanitarian demining assistance.

Sec. 1083. Liquidation of unpaid credits accrued as a result of transactions under

a cross-servicing agreement.

Sec. 1084. Modification of requirements relating to management of military techni-

cians.

Sec. 1085. Streamlining of the National Security Council.

Sec. 1086. National biodefense strategy.

Sec. 1087. Global Cultural Knowledge Network.

Sec. 1088. Sense of Congress regarding Connecticut’s Submarine Century.

Sec. 1089. Sense of Congress regarding the reporting of the MV–22 mishap in

Marana, Arizona, on April 8, 2000.

Sec. 1090. Cost of Wars.

Sec. 1091. Reconnaissance Strike Group matters.

Sec. 1092. Border security metrics.

Sec. 1093. Program to commemorate the 100th anniversary of the Tomb of the Un-

known Soldier.

Sec. 1094. Sense of Congress regarding the OCONUS basing of the KC–46A air-

craft.

Sec. 1095. Designation of a Department of Defense Strategic Arctic Port.

Sec. 1096. Recovery of excess rifles, ammunition, and parts granted to foreign coun-

tries and transfer to certain persons.

TITLE XI—CIVILIAN PERSONNEL MATTERS

Subtitle A—Department of Defense Matters Generally

Sec. 1101. Civilian personnel management.

Sec. 1102. Repeal of requirement for annual strategic workforce plan for the De-

partment of Defense.

Sec. 1103. Training for employment personnel of Department of Defense on matters

relating to authorities for recruitment and retention at United States

Cyber Command.

Sec. 1104. Public-private talent exchange.

Sec. 1105. Temporary and term appointments in the competitive service in the De-

partment of Defense.

Sec. 1106. Direct-hire authority for the Department of Defense for post-secondary

students and recent graduates.

Sec. 1107. Temporary increase in maximum amount of voluntary separation incen-

tive pay authorized for civilian employees of the Department of Defense.

Sec. 1108. Extension of rate of overtime pay for Department of the Navy employees

performing work aboard or dockside in support of the nuclear-powered

aircraft carrier forward deployed in Japan.

Sec. 1109. Limitation on number of DOD SES positions.

Sec. 1110. Direct hire authority for financial management experts in the Depart-

ment of Defense workforce.

Sec. 1111. Repeal of certain basis for appointment of a retired member of the

Armed Forces to Department of Defense position within 180 days of re-

tirement.

Subtitle B—Department of Defense Science and Technology Laboratories and

Related Matters

Sec. 1121. Permanent personnel management authority for the Department of De-

fense for experts in science and engineering.

Sec. 1122. Codification and modification of certain authorities for certain positions

at Department of Defense research and engineering laboratories.

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130 STAT. 2013 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 1123. Modification to information technology personnel exchange program.

Sec. 1124. Pilot program on enhanced pay authority for certain research and tech-

nology positions in the science and technology reinvention laboratories

of the Department of Defense.

Sec. 1125. Temporary direct hire authority for domestic defense industrial base fa-

cilities, the Major Range and Test Facilities Base, and the Office of the

Director of Operational Test and Evaluation.

Subtitle C—Governmentwide Matters

Sec. 1131. Elimination of two-year eligibility limitation for noncompetitive appoint-

ment of spouses of members of the Armed Forces.

Sec. 1132. Temporary personnel flexibilities for domestic defense industrial base fa-

cilities and Major Range and Test Facilities Base civilian personnel.

Sec. 1133. One-year extension of temporary authority to grant allowances, benefits,

and gratuities to civilian personnel on official duty in a combat zone.

Sec. 1134. Advance payments for employees relocating within the United States

and its territories.

Sec. 1135. Eligibility of employees in a time-limited appointment to compete for a

permanent appointment at any Federal agency.

Sec. 1136. Review of official personnel file of former Federal employees before re-

hiring.

Sec. 1137. One-year extension of authority to waive annual limitation on premium

pay and aggregate limitation on pay for Federal civilian employees

working overseas.

Sec. 1138. Administrative leave.

Sec. 1139. Direct hiring for Federal wage schedule employees.

Sec. 1140. Record of investigation of personnel action in separated employee’s offi-

cial personnel file.

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS

Subtitle A—Assistance and Training

Sec. 1201. One-year extension of logistical support for coalition forces supporting

certain United States military operations.

Sec. 1202. Special Defense Acquisition Fund matters.

Sec. 1203. Codification of authority for support of special operations to combat ter-

rorism.

Sec. 1204. Independent evaluation of strategic framework for Department of De-

fense security cooperation.

Sec. 1205. Sense of Congress regarding an assessment, monitoring, and evaluation

framework for security cooperation.

Subtitle B—Matters Relating to Afghanistan and Pakistan

Sec. 1211. Extension and modification of Commanders’ Emergency Response Pro-

gram.

Sec. 1212. Extension of authority to acquire products and services produced in

countries along a major route of supply to Afghanistan.

Sec. 1213. Extension and modification of authority to transfer defense articles and

provide defense services to the military and security forces of Afghani-

stan.

Sec. 1214. Special immigrant status for certain Afghans.

Sec. 1215. Modification to semiannual report on enhancing security and stability in

Afghanistan.

Sec. 1216. Prohibition on use of funds for certain programs and projects of the De-

partment of Defense in Afghanistan that cannot be safely accessed by

United States Government personnel.

Sec. 1217. Improvement of oversight of United States Government efforts in Af-

ghanistan.

Sec. 1218. Extension and modification of authority for reimbursement of certain co-

alition nations for support provided to United States military oper-

ations.

Subtitle C—Matters Relating to Syria, Iraq, and Iran

Sec. 1221. Modification and extension of authority to provide assistance to the vet-

ted Syrian opposition.

Sec. 1222. Modification and extension of authority to provide assistance to counter

the Islamic State of Iraq and the Levant.

Sec. 1223. Extension and modification of authority to support operations and activi-

ties of the Office of Security Cooperation in Iraq.

Sec. 1224. Limitation on provision of man-portable air defense systems to the vet-

ted Syrian opposition during fiscal year 2017.

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130 STAT. 2014 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 1225. Modification of annual report on military power of Iran.

Sec. 1226. Quarterly report on confirmed ballistic missile launches from Iran.

Subtitle D—Matters Relating to the Russian Federation

Sec. 1231. Military response options to Russian Federation violation of INF Treaty.

Sec. 1232. Limitation on military cooperation between the United States and the

Russian Federation.

Sec. 1233. Extension and modification of authority on training for Eastern Euro-

pean national military forces in the course of multilateral exercises.

Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian

Federation over Crimea.

Sec. 1235. Annual report on military and security developments involving the Rus-

sian Federation.

Sec. 1236. Limitation on use of funds to vote to approve or otherwise adopt any im-

plementing decision of the Open Skies Consultative Commission and re-

lated requirements.

Sec. 1237. Extension and enhancement of Ukraine Security Assistance Initiative.

Sec. 1238. Reports on INF Treaty and Open Skies Treaty.

Subtitle E—Reform of Department of Defense Security Cooperation

Sec. 1241. Enactment of new chapter for defense security cooperation.

Sec. 1242. Military-to-military exchanges.

Sec. 1243. Consolidation and revision of authorities for payment of personnel ex-

penses necessary for theater security cooperation.

Sec. 1244. Transfer and revision of certain authorities on payment of expenses of

training and exercises with friendly foreign forces.

Sec. 1245. Transfer and revision of authority to provide operational support to

forces of friendly foreign countries.

Sec. 1246. Department of Defense State Partnership Program.

Sec. 1247. Transfer of authority on Regional Defense Combating Terrorism Fellow-

ship Program.

Sec. 1248. Consolidation of authorities for service academy international engage-

ment.

Sec. 1249. Consolidated annual budget for security cooperation programs and ac-

tivities of the Department of Defense.

Sec. 1250. Department of Defense security cooperation workforce development.

Sec. 1251. Reporting requirements.

Sec. 1252. Quadrennial review of security sector assistance programs and authori-

ties of the United States Government.

Sec. 1253. Other conforming amendments and authority for administration.

Subtitle F—Human Rights Sanctions

Sec. 1261. Short title.

Sec. 1262. Definitions.

Sec. 1263. Authorization of imposition of sanctions.

Sec. 1264. Reports to Congress.

Sec. 1265. Sunset.

Subtitle G—Miscellaneous Reports

Sec. 1271. Modification of annual report on military and security developments in-

volving the People’s Republic of China.

Sec. 1272. Monitoring and evaluation of overseas humanitarian, disaster, and civic

aid programs of the Department of Defense.

Sec. 1273. Strategy for United States defense interests in Africa.

Sec. 1274. Report on the potential for cooperation between the United States and

Israel on directed energy capabilities.

Sec. 1275. Annual update of Department of Defense Freedom of Navigation Report.

Sec. 1276. Assessment of proliferation of certain remotely piloted aircraft systems.

Subtitle H—Other Matters

Sec. 1281. Enhancement of interagency support during contingency operations and

transition periods.

Sec. 1282. Two-year extension and modification of authorization of non-conven-

tional assisted recovery capabilities.

Sec. 1283. Authority to destroy certain specified World War II-era United States-

origin chemical munitions located on San Jose Island, Republic of Pan-

ama.

Sec. 1284. Sense of Congress on military exchanges between the United States and

Taiwan.

Sec. 1285. Limitation on availability of funds to implement the Arms Trade Treaty.

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Sec. 1286. Prohibition on use of funds to invite, assist, or otherwise assure the par-

ticipation of Cuba in certain joint or multilateral exercises.

Sec. 1287. Global Engagement Center.

Sec. 1288. Modification of United States International Broadcasting Act of 1994.

Sec. 1289. Redesignation of South China Sea Initiative.

Sec. 1290. Measures against persons involved in activities that violate arms control

treaties or agreements with the United States.

Sec. 1291. Agreements with foreign governments to develop land-based water re-

sources in support of and in preparation for contingency operations.

Sec. 1292. Enhancing defense and security cooperation with India.

Sec. 1293. Coordination of efforts to develop free trade agreements with sub-Saha-

ran African countries.

Sec. 1294. Extension and expansion of authority to support border security oper-

ations of certain foreign countries.

Sec. 1295. Modification and clarification of United States-Israel anti-tunnel co-

operation authority.

Sec. 1296. Maintenance of prohibition on procurement by Department of Defense of

People’s Republic of China-origin items that meet the definition of goods

and services controlled as munitions items when moved to the ‘‘600 se-

ries’’ of the Commerce Control List.

Sec. 1297. International sales process improvements.

Sec. 1298. Efforts to end modern slavery.

TITLE XIII—COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction funds.

Sec. 1302. Funding allocations.

Sec. 1303. Limitation on availability of funds for Cooperative Threat Reduction in

People’s Republic of China.

TITLE XIV—OTHER AUTHORIZATIONS

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. Chemical Agents and Munitions Destruction, Defense.

Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1404. Defense Inspector General.

Sec. 1405. Defense Health Program.

Subtitle B—National Defense Stockpile

Sec. 1411. Authority to dispose of certain materials from and to acquire additional

materials for the National Defense Stockpile.

Sec. 1412. National Defense Stockpile matters.

Subtitle C—Chemical Demilitarization Matters

Sec. 1421. National Academies of Sciences study on conventional munitions demili-

tarization alternative technologies.

Subtitle D—Other Matters

Sec. 1431. Authority for transfer of funds to joint Department of Defense-Depart-

ment of Veterans Affairs Medical Facility Demonstration Fund for Cap-

tain James A. Lovell Health Care Center, Illinois.

Sec. 1432. Authorization of appropriations for Armed Forces Retirement Home.

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR

OVERSEAS CONTINGENCY OPERATIONS

Subtitle A—Authorization of Appropriations

Sec. 1501. Purpose and treatment of certain authorizations of appropriations.

Sec. 1502. Procurement.

Sec. 1503. Research, development, test, and evaluation.

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1508. Defense Inspector General.

Sec. 1509. Defense Health program.

Subtitle B—Financial Matters

Sec. 1511. Treatment as additional authorizations.

Sec. 1512. Special transfer authority.

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Subtitle C—Limitations, Reports, and Other Matters

Sec. 1521. Afghanistan Security Forces Fund.

Sec. 1522. Joint Improvised Explosive Device Defeat Fund.

Sec. 1523. Extension of authority to use Joint Improvised Explosive Device Defeat

Fund for training of foreign security forces to defeat improvised explo-

sive devices.

Sec. 1524. Overseas contingency operations.

Sec. 1525. Extension and modification of authorities on Counterterrorism Partner-

ships Fund.

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS

Subtitle A—Space Activities

Sec. 1601. Repeal of provision permitting the use of rocket engines from the Rus-

sian Federation for the evolved expendable launch vehicle program.

Sec. 1602. Exception to the prohibition on contracting with Russian suppliers of

rocket engines for the evolved expendable launch vehicle program.

Sec. 1603. Rocket propulsion system to replace RD–180.

Sec. 1604. Plan for use of allied launch vehicles.

Sec. 1605. Analysis of alternatives for wide-band communications.

Sec. 1606. Modification of pilot program for acquisition of commercial satellite com-

munication services.

Sec. 1607. Space-based environmental monitoring.

Sec. 1608. Prohibition on use of certain non-allied positioning, navigation, and tim-

ing systems.

Sec. 1609. Limitation of availability of funds for the Joint Space Operations Center

Mission System.

Sec. 1610. Limitations on availability of funds for the Global Positioning System

Next Generation Operational Control System.

Sec. 1611. Availability of funds for certain secure voice conferencing capabilities.

Sec. 1612. Space-based infrared system and advanced extremely high frequency

program.

Sec. 1613. Pilot program on commercial weather data.

Sec. 1614. Plans on transfer of acquisition and funding authority of certain weather

missions to National Reconnaissance Office.

Sec. 1615. Five-year plan for Joint Interagency Combined Space Operations Center.

Sec. 1616. Organization and management of national security space activities of

the Department of Defense.

Sec. 1617. Review of charter of Operationally Responsive Space Program Office.

Sec. 1618. Backup and complementary positioning, navigation, and timing capabili-

ties of Global Positioning System.

Sec. 1619. Report on use of spacecraft assets of the space-based infrared system

wide-field-of-view program.

Sec. 1620. Provision of certain information to Government Accountability Office by

National Reconnaissance Office.

Sec. 1621. Cost-benefit analysis of commercial use of excess ballistic missile solid

rocket motors.

Sec. 1622. Independent assessment of Global Positioning System Next Generation

Operational Control System.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

Sec. 1631. Report on United States Central Command Intelligence Fusion Center.

Sec. 1632. Prohibition on availability of funds for certain relocation activities for

NATO Intelligence Fusion Cell.

Sec. 1633. Survey and review of Defense Intelligence Enterprise.

Subtitle C—Cyberspace-Related Matters

Sec. 1641. Special emergency procurement authority to facilitate the defense

against or recovery from a cyber attack.

Sec. 1642. Limitation on termination of dual-hat arrangement for Commander of

the United States Cyber Command.

Sec. 1643. Cyber mission forces matters.

Sec. 1644. Requirement to enter into agreements relating to use of cyber opposition

forces.

Sec. 1645. Cyber protection support for Department of Defense personnel in posi-

tions highly vulnerable to cyber attack.

Sec. 1646. Limitation on full deployment of joint regional security stacks.

Sec. 1647. Advisory committee on industrial security and industrial base policy.

Sec. 1648. Change in name of National Defense University’s Information Resources

Management College to College of Information and Cyberspace.

Sec. 1649. Evaluation of cyber vulnerabilities of F–35 aircraft and support systems.

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Sec. 1650. Evaluation of cyber vulnerabilities of Department of Defense critical in-

frastructure.

Sec. 1651. Strategy to incorporate Army reserve component cyber protection teams

into Department of Defense cyber mission force.

Sec. 1652. Strategic Plan for the Defense Information Systems Agency.

Sec. 1653. Plan for information security continuous monitoring capability and com-

ply-to-connect policy; limitation on software licensing.

Sec. 1654. Reports on deterrence of adversaries in cyberspace.

Sec. 1655. Sense of Congress on cyber resiliency of the networks and communica-

tions systems of the National Guard.

Subtitle D—Nuclear Forces

Sec. 1661. Improvements to Council on Oversight of National Leadership Com-

mand, Control, and Communications System.

Sec. 1662. Treatment of certain sensitive information by State and local govern-

ments.

Sec. 1663. Procurement authority for certain parts of intercontinental ballistic mis-

sile fuzes.

Sec. 1664. Prohibition on availability of funds for mobile variant of ground-based

strategic deterrent missile.

Sec. 1665. Limitation on availability of funds for extension of New START Treaty.

Sec. 1666. Certifications regarding integrated tactical warning and attack assess-

ment mission of the Air Force.

Sec. 1667. Matters relating to intercontinental ballistic missiles.

Sec. 1668. Requests for forces to meet security requirements for land-based nuclear

forces.

Sec. 1669. Report on Russian and Chinese political and military leadership surviv-

ability, command and control, and continuity of government programs

and activities.

Sec. 1670. Review by Comptroller General of the United States of recommendations

relating to nuclear enterprise of Department of Defense.

Sec. 1671. Sense of Congress on nuclear deterrence.

Sec. 1672. Sense of Congress on importance of independent nuclear deterrent of

United Kingdom.

Subtitle E—Missile Defense Programs

Sec. 1681. National missile defense policy.

Sec. 1682. Extensions of prohibitions relating to missile defense information and

systems.

Sec. 1683. Non-terrestrial missile defense intercept and defeat capability for the

ballistic missile defense system.

Sec. 1684. Review of the missile defeat policy and strategy of the United States.

Sec. 1685. Maximizing Aegis Ashore capability and developing medium range dis-

crimination radar.

Sec. 1686. Technical authority for integrated air and missile defense activities and

programs.

Sec. 1687. Hypersonic defense capability development.

Sec. 1688. Conventional Prompt Global Strike weapons system.

Sec. 1689. Required testing by Missile Defense Agency of ground-based midcourse

defense element of ballistic missile defense system.

Sec. 1690. Iron Dome short-range rocket defense system and Israeli cooperative

missile defense program codevelopment and coproduction.

Sec. 1691. Limitations on availability of funds for lower tier air and missile defense

capability of the Army.

Sec. 1692. Pilot program on loss of unclassified, controlled technical information.

Sec. 1693. Plan for procurement of medium-range discrimination radar to improve

homeland missile defense.

Sec. 1694. Review of Missile Defense Agency budget submissions for ground-based

midcourse defense and evaluation of alternative ground-based inter-

ceptor deployments.

Sec. 1695. Semiannual notifications on missile defense tests and costs.

Sec. 1696. Reports on unfunded priorities of the Missile Defense Agency.

Subtitle F—Other Matters

Sec. 1697. Protection of certain facilities and assets from unmanned aircraft.

Sec. 1698. Harmful interference to Department of Defense Global Positioning Sys-

tem.

TITLE XVII—GUAM WORLD WAR II LOYALTY RECOGNITION ACT

Sec. 1701. Short title.

Sec. 1702. Recognition of the suffering and loyalty of the residents of Guam.

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130 STAT. 2018 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 1703. Guam World War II Claims Fund.

Sec. 1704. Payments for Guam World War II claims.

Sec. 1705. Adjudication.

Sec. 1706. Grants program to memorialize the occupation of Guam during World

War II.

Sec. 1707. Authorization of appropriations.

TITLE XVIII—MATTERS RELATING TO SMALL BUSINESS PROCUREMENT

Subtitle A—Improving Transparency and Clarity for Small Businesses

Sec. 1801. Plain language rewrite of requirements for small business procurements.

Sec. 1802. Transparency in small business goals.

Subtitle B—Clarifying the Roles of Small Business Advocates

Sec. 1811. Scope of review by procurement center representatives.

Sec. 1812. Duties of the Office of Small and Disadvantaged Business Utilization.

Sec. 1813. Improving contractor compliance.

Sec. 1814. Improving education on small business regulations.

Subtitle C—Strengthening Opportunities for Competition in Subcontracting

Sec. 1821. Good faith in subcontracting.

Sec. 1822. Pilot program to provide opportunities for qualified subcontractors to ob-

tain past performance ratings.

Sec. 1823. Amendments to the Mentor-Protege Program of the Department of De-

fense.

Subtitle D—Miscellaneous Provisions

Sec. 1831. Improvements to size standards for small agricultural producers.

Sec. 1832. Uniformity in service-disabled veteran definitions.

Sec. 1833. Office of Hearings and Appeals.

Sec. 1834. Extension of SBIR and STTR programs.

Sec. 1835. Issuance of guidance on small business matters.

Subtitle E—Improving Cyber Preparedness for Small Businesses

Sec. 1841. Small Business Development Center Cyber Strategy and outreach.

Sec. 1842. Role of small business development centers in cybersecurity and pre-

paredness.

Sec. 1843. Additional cybersecurity assistance for small business development cen-

ters.

Sec. 1844. Prohibition on additional funds.

TITLE XIX—DEPARTMENT OF HOMELAND SECURITY COORDINATION

Sec. 1901. Department of Homeland Security coordination.

Sec. 1902. Office of Strategy, Policy, and Plans of the Department of Homeland Se-

curity.

Sec. 1903. Management and execution.

Sec. 1904. Chief Human Capital Officer of the Department of Homeland Security.

Sec. 1905. Department of Homeland Security transparency.

Sec. 1906. Transparency in research and development.

Sec. 1907. United States Government review of certain foreign fighters.

Sec. 1908. National strategy to combat terrorist travel.

Sec. 1909. National Operations Center.

Sec. 1910. Department of Homeland Security strategy for international programs.

Sec. 1911. State and high-risk urban area working groups.

Sec. 1912. Cybersecurity strategy for the Department of Homeland Security.

Sec. 1913. EMP and GMD planning, research and development, and protection and

preparedness.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

Sec. 2002. Expiration of authorizations and amounts required to be specified by

law.

Sec. 2003. Effective date.

TITLE XXI—ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

Sec. 2104. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2105. Extension of authorizations of certain fiscal year 2013 projects.

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Sec. 2106. Extension of authorizations of certain fiscal year 2014 projects.

TITLE XXII—NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2206. Extension of authorizations of certain fiscal year 2013 projects.

Sec. 2207. Extension of authorizations of certain fiscal year 2014 projects.

Sec. 2208. Status of ‘‘net negative’’ policy regarding Navy acreage on Guam.

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Modification of authority to carry out certain fiscal year 2016 project.

Sec. 2306. Extension of authorization of certain fiscal year 2013 project.

Sec. 2307. Extension of authorization of certain fiscal year 2014 project.

Sec. 2308. Restriction on acquisition of property in Northern Mariana Islands.

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Authorized energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2405. Extension of authorizations of certain fiscal year 2013 projects.

Sec. 2406. Extension of authorizations of certain fiscal year 2014 projects.

TITLE XXV—INTERNATIONAL PROGRAMS

Subtitle A—North Atlantic Treaty Organization Security Investment Program

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

Subtitle B—Host Country In-Kind Contributions

Sec. 2511. Republic of Korea funded construction projects.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Subtitle A—Project Authorizations and Authorization of Appropriations

Sec. 2601. Authorized Army National Guard construction and land acquisition

projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and

land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition

projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Subtitle B—Other Matters

Sec. 2611. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2612. Modification of authority to carry out certain fiscal year 2015 project.

Sec. 2613. Modification of authority to carry out certain fiscal year 2016 project.

Sec. 2614. Extension of authorization of certain fiscal year 2013 project.

Sec. 2615. Extension of authorizations of certain fiscal year 2014 projects.

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES

Sec. 2701. Extension of authorizations of certain fiscal year 2014 projects.

Sec. 2702. Prohibition on conducting additional Base Realignment and Closure

(BRAC) round.

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family Housing

Sec. 2801. Modification of criteria for treatment of laboratory revitalization projects

as minor military construction projects.

Sec. 2802. Classification of facility conversion projects as repair projects.

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130 STAT. 2020 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 2803. Limited authority for scope of work increase.

Sec. 2804. Extension of temporary, limited authority to use operation and mainte-

nance funds for construction projects outside the United States.

Sec. 2805. Authority to expand energy conservation construction program to in-

clude energy resiliency projects.

Sec. 2806. Additional entities eligible for participation in defense laboratory mod-

ernization pilot program.

Sec. 2807. Extension of temporary authority for acceptance and use of contributions

for certain construction, maintenance, and repair projects mutually ben-

eficial to the Department of Defense and Kuwait military forces.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Acceptance of military construction projects as payments in-kind and in-

kind contributions.

Sec. 2812. Allotment of space and provision of services to WIC offices operating on

military installations.

Sec. 2813. Sense of Congress regarding inclusion of stormwater systems and com-

ponents within the meaning of ‘‘wastewater system’’ under the Depart-

ment of Defense authority for conveyance of utility systems.

Sec. 2814. Assessment of public schools on Department of Defense installations.

Sec. 2815. Prior certification required for use of Department of Defense facilities by

other Federal agencies for temporary housing support.

Subtitle C—Land Conveyances

Sec. 2821. Land conveyance, High Frequency Active Auroral Research Program fa-

cility and adjacent property, Gakona, Alaska.

Sec. 2822. Land conveyance, Campion Air Force Radar Station, Galena, Alaska.

Sec. 2823. Lease, Joint Base Elmendorf-Richardson, Alaska.

Sec. 2824. Transfer of administrative jurisdictions, Navajo Army Depot, Arizona.

Sec. 2825. Exchange of property interests, San Diego Unified Port District, Cali-

fornia.

Sec. 2826. Release of property interests retained in connection with land convey-

ance, Eglin Air Force Base, Florida.

Sec. 2827. Land exchange, Fort Hood, Texas.

Sec. 2828. Land Conveyance, P–36 Warehouse, Colbern United States Army Re-

serve Center, Laredo, Texas.

Sec. 2829. Land conveyance, St. George National Guard Armory, St. George, Utah.

Sec. 2829A. Land acquisitions, Arlington County, Virginia.

Sec. 2829B. Release of restrictions, Richland Innovation Center, Richland, Wash-

ington.

Sec. 2829C. Modification of land conveyance, Rocky Mountain Arsenal National

Wildlife Refuge.

Sec. 2829D. Closure of St. Marys Airport.

Sec. 2829E. Transfer of Fort Belvoir Mark Center Campus from the Secretary of

the Army to the Secretary of Defense and applicability of certain provi-

sions of law relating to the Pentagon Reservation.

Sec. 2829F. Return of certain lands at Fort Wingate, New Mexico, to the original

inhabitants.

Subtitle D—Military Memorials, Monuments, and Museums

Sec. 2831. Cyber Center for Education and Innovation-Home of the National

Cryptologic Museum.

Sec. 2832. Renaming site of the Dayton Aviation Heritage National Historical Park,

Ohio.

Sec. 2833. Women’s military service memorials and museums.

Sec. 2834. Petersburg National Battlefield boundary modification.

Subtitle E—Designations and Other Matters

Sec. 2841. Designation of portion of Moffett Federal Airfield, California, as Moffett

Air National Guard Base.

Sec. 2842. Redesignation of Mike O’Callaghan Federal Medical Center.

Sec. 2843. Replenishment of Sierra Vista subwatershed regional aquifer, Arizona.

Sec. 2844. Limited exceptions to restriction on development of public infrastructure

in connection with realignment of Marine Corps forces in Asia-Pacific

region.

Sec. 2845. Duration of withdrawal and reservation of public land, Naval Air Weap-

ons Station China Lake, California.

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY

CONSTRUCTION

Sec. 2901. Authorized Navy construction and land acquisition projects.

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130 STAT. 2021 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 2902. Authorized Air Force construction and land acquisition projects.

Sec. 2903. Authorization of appropriations.

TITLE XXX—UTAH TEST AND TRAINING RANGE AND RELATED MATTERS

Subtitle A—Authorization for Temporary Closure of Certain Public Land Adjacent

to the Utah Test and Training Range

Sec. 3001. Definitions.

Sec. 3002. Memorandum of agreement.

Sec. 3003. Temporary closures.

Sec. 3004. Liability.

Sec. 3005. Community resource advisory group.

Sec. 3006. Savings clauses.

Subtitle B—Bureau of Land Management Land Exchange With State of Utah

Sec. 3011. Definitions.

Sec. 3012. Exchange of Federal land and non-Federal land.

Sec. 3013. Status and management of non-Federal land acquired by the United

States.

Sec. 3014. Hazardous substances.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY

AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Independent acquisition project reviews of capital assets acquisition

projects.

Sec. 3112. Protection of certain nuclear facilities and assets from unmanned air-

craft.

Sec. 3113. Common financial reporting system for the nuclear security enterprise.

Sec. 3114. Rough estimate of total life cycle cost of tank waste cleanup at Hanford

Nuclear Reservation.

Sec. 3115. Annual certification of shipments to Waste Isolation Pilot Plant.

Sec. 3116. Disposition of weapons-usable plutonium.

Sec. 3117. Design basis threat.

Sec. 3118. Industry best practices in operations at National Nuclear Security Ad-

ministration facilities and sites.

Sec. 3119. Pilot program on unavailability for overhead costs of amounts specified

for laboratory-directed research and development.

Sec. 3120. Research and development of advanced naval nuclear fuel system based

on low-enriched uranium.

Sec. 3121. Increase in certain limitations applicable to funds for conceptual and

construction design of the Department of Energy.

Sec. 3122. Prohibition on availability of funds for programs in Russian Federation.

Sec. 3123. Limitation on availability of funds for Federal salaries and expenses.

Sec. 3124. Limitation on availability of funds for defense environmental cleanup

program direction.

Sec. 3125. Limitation on availability of funds for acceleration of nuclear weapons

dismantlement.

Subtitle C—Plans and Reports

Sec. 3131. Independent assessment of technology development under defense envi-

ronmental cleanup program.

Sec. 3132. Updated plan for verification and monitoring of proliferation of nuclear

weapons and fissile material.

Sec. 3133. Report on the use of highly-enriched uranium for naval reactors.

Sec. 3134. Analysis of approaches for supplemental treatment of low-activity waste

at Hanford Nuclear Reservation.

Sec. 3135. Clarification of annual report and certification on status of security of

atomic energy defense facilities.

Sec. 3136. Report on service support contracts and authority for appointment of

certain personnel.

Sec. 3137. Elimination of certain reporting requirements.

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130 STAT. 2022 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 3138. Report on United States nuclear deterrence.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

TITLE XXXV—MARITIME MATTERS

Subtitle A—Maritime Administration, Coast Guard, and Shipping Matters

Sec. 3501. Authorization of the Maritime Administration.

Sec. 3502. Authority to extend certain age restrictions relating to vessels in the

Maritime Security Fleet.

Sec. 3503. Corrections to provisions enacted by Coast Guard Authorization Acts.

Sec. 3504. Status of National Defense Reserve Fleet vessels.

Sec. 3505. NDRF national security multi-mission vessel.

Sec. 3506. Superintendent of United States Merchant Marine Academy.

Sec. 3507. Use of National Defense Reserve Fleet scrapping proceeds.

Sec. 3508. Floating dry docks.

Sec. 3509. Transportation worker identification credentials for individuals under-

going separation, discharge, or release from the Armed Forces.

Sec. 3510. Actions to address sexual harassment and sexual assault at the United

States Merchant Marine Academy.

Sec. 3511. Sexual assault response coordinators and sexual assault victim advo-

cates.

Sec. 3512. Report from the Department of Transportation Inspector General.

Sec. 3513. Sexual assault prevention and response working group.

Sec. 3514. Sea Year compliance.

Sec. 3515. State maritime academy physical standards and reporting.

Sec. 3516. Appointments.

Sec. 3517. Maritime workforce working group.

Sec. 3518. Maritime extreme weather task force.

Sec. 3519. Workforce plans and onboarding policies.

Sec. 3520. Drug and alcohol policy.

Sec. 3521. Vessel transfers.

Sec. 3522. Clarifying amendment; continuation boards.

Sec. 3523. Polar icebreaker recapitalization plan.

Sec. 3524. GAO report on icebreaking capability in United States.

Subtitle B—Pribilof Islands Transition Completion

Sec. 3531. Short title.

Sec. 3532. Conveyance of property.

Sec. 3533. Transfer, use, and disposal of tract 43.

Subtitle C—Sexual Harassment and Assault Prevention at the National Oceanic

and Atmospheric Administration

Sec. 3541. Actions to address sexual harassment at National Oceanic and Atmos-

pheric Administration.

Sec. 3542. Actions to address sexual assault at National Oceanic and Atmospheric

Administration.

Sec. 3543. Rights of the victim of a sexual assault.

Sec. 3544. Change of station.

Sec. 3545. Applicability of policies to crews of vessels secured by National Oceanic

and Atmospheric Administration under contract.

Sec. 3546. Annual report on sexual assaults in the National Oceanic and Atmos-

pheric Administration.

Sec. 3547. Sexual assault defined.

DIVISION D—FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

TITLE XLI—PROCUREMENT

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

Sec. 4103. Procurement for overseas contingency operations for base requirements.

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation.

Sec. 4202. Research, development, test, and evaluation for overseas contingency op-

erations.

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Sec. 4203. Research, development, test, and evaluation for overseas contingency op-

erations for base requirements.

TITLE XLIII—OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.

Sec. 4302. Operation and maintenance for overseas contingency operations.

Sec. 4303. Operation and maintenance for overseas contingency operations for base

requirements.

TITLE XLIV—MILITARY PERSONNEL

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

Sec. 4403. Military personnel for overseas contingency operations for base require-

ments.

TITLE XLV—OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

Sec. 4503. Other authorizations for overseas contingency operations for base re-

quirements.

TITLE XLVI—MILITARY CONSTRUCTION

Sec. 4601. Military construction.

Sec. 4602. Military construction for overseas contingency operations.

Sec. 4603. Military construction for overseas contingency operations for base re-

quirements.

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.

DIVISION E—UNIFORM CODE OF MILITARY JUSTICE REFORM

Sec. 5001. Short title.

TITLE LI—GENERAL PROVISIONS

Sec. 5101. Definitions.

Sec. 5102. Clarification of persons subject to UCMJ while on inactive-duty training.

Sec. 5103. Staff judge advocate disqualification due to prior involvement in case.

Sec. 5104. Conforming amendment relating to military magistrates.

Sec. 5105. Rights of victim.

TITLE LII—APPREHENSION AND RESTRAINT

Sec. 5121. Restraint of persons charged.

Sec. 5122. Modification of prohibition of confinement of members of the Armed

Forces with enemy prisoners and certain others.

TITLE LIII—NON-JUDICIAL PUNISHMENT

Sec. 5141. Modification of confinement as non-judicial punishment.

TITLE LIV—COURT-MARTIAL JURISDICTION

Sec. 5161. Courts-martial classified.

Sec. 5162. Jurisdiction of general courts-martial.

Sec. 5163. Jurisdiction of special courts-martial.

Sec. 5164. Summary court-martial as non-criminal forum.

TITLE LV—COMPOSITION OF COURTS-MARTIAL

Sec. 5181. Technical amendment relating to persons authorized to convene general

courts-martial.

Sec. 5182. Who may serve on courts-martial and related matters.

Sec. 5183. Number of court-martial members in capital cases.

Sec. 5184. Detailing, qualifications, and other matters relating to military judges.

Sec. 5185. Military magistrates.

Sec. 5186. Qualifications of trial counsel and defense counsel.

Sec. 5187. Assembly and impaneling of members and related matters.

TITLE LVI—PRE-TRIAL PROCEDURE

Sec. 5201. Charges and specifications.

Sec. 5202. Certain proceedings conducted before referral.

Sec. 5203. Preliminary hearing required before referral to general court-martial.

Sec. 5204. Disposition guidance.

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Sec. 5205. Advice to convening authority before referral for trial.

Sec. 5206. Service of charges and commencement of trial.

TITLE LVII—TRIAL PROCEDURE

Sec. 5221. Duties of assistant defense counsel.

Sec. 5222. Sessions.

Sec. 5223. Technical amendment relating to continuances.

Sec. 5224. Conforming amendments relating to challenges.

Sec. 5225. Statute of limitations.

Sec. 5226. Former jeopardy.

Sec. 5227. Pleas of the accused.

Sec. 5228. Subpoena and other process.

Sec. 5229. Refusal of person not subject to UCMJ to appear, testify, or produce evi-

dence.

Sec. 5230. Contempt.

Sec. 5231. Depositions.

Sec. 5232. Admissibility of sworn testimony by audiotape or videotape from records

of courts of inquiry.

Sec. 5233. Conforming amendment relating to defense of lack of mental responsi-

bility.

Sec. 5234. Voting and rulings.

Sec. 5235. Votes required for conviction, sentencing, and other matters.

Sec. 5236. Findings and sentencing.

Sec. 5237. Plea agreements.

Sec. 5238. Record of trial.

TITLE LVIII—SENTENCES

Sec. 5301. Sentencing.

Sec. 5302. Effective date of sentences.

Sec. 5303. Sentence of reduction in enlisted grade.

TITLE LIX—POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

Sec. 5321. Post-trial processing in general and special courts-martial.

Sec. 5322. Limited authority to act on sentence in specified post-trial cir-

cumstances.

Sec. 5323. Post-trial actions in summary courts-martial and certain general and

special courts-martial.

Sec. 5324. Entry of judgment.

Sec. 5325. Waiver of right to appeal and withdrawal of appeal.

Sec. 5326. Appeal by the United States.

Sec. 5327. Rehearings.

Sec. 5328. Judge advocate review of finding of guilty in summary court-martial.

Sec. 5329. Transmittal and review of records.

Sec. 5330. Courts of Criminal Appeals.

Sec. 5331. Review by Court of Appeals for the Armed Forces.

Sec. 5332. Supreme Court review.

Sec. 5333. Review by Judge Advocate General.

Sec. 5334. Appellate defense counsel in death penalty cases.

Sec. 5335. Authority for hearing on vacation of suspension of sentence to be con-

ducted by qualified judge advocate.

Sec. 5336. Extension of time for petition for new trial.

Sec. 5337. Restoration.

Sec. 5338. Leave requirements pending review of certain court-martial convictions.

TITLE LX—PUNITIVE ARTICLES

Sec. 5401. Reorganization of punitive articles.

Sec. 5402. Conviction of offense charged, lesser included offenses, and attempts.

Sec. 5403. Soliciting commission of offenses.

Sec. 5404. Malingering.

Sec. 5405. Breach of medical quarantine.

Sec. 5406. Missing movement; jumping from vessel.

Sec. 5407. Offenses against correctional custody and restriction.

Sec. 5408. Disrespect toward superior commissioned officer; assault of superior

commissioned officer.

Sec. 5409. Willfully disobeying superior commissioned officer.

Sec. 5410. Prohibited activities with military recruit or trainee by person in posi-

tion of special trust.

Sec. 5411. Offenses by sentinel or lookout.

Sec. 5412. Disrespect toward sentinel or lookout.

Sec. 5413. Release of prisoner without authority; drinking with prisoner.

Sec. 5414. Penalty for acting as a spy.

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130 STAT. 2025 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 5415. Public records offenses.

Sec. 5416. False or unauthorized pass offenses.

Sec. 5417. Impersonation offenses.

Sec. 5418. Insignia offenses.

Sec. 5419. False official statements; false swearing.

Sec. 5420. Parole violation.

Sec. 5421. Wrongful taking, opening, etc. of mail matter.

Sec. 5422. Improper hazarding of vessel or aircraft.

Sec. 5423. Leaving scene of vehicle accident.

Sec. 5424. Drunkenness and other incapacitation offenses.

Sec. 5425. Lower blood alcohol content limits for conviction of drunken or reckless

operation of vehicle, aircraft, or vessel.

Sec. 5426. Endangerment offenses.

Sec. 5427. Communicating threats.

Sec. 5428. Technical amendment relating to murder.

Sec. 5429. Child endangerment.

Sec. 5430. Rape and sexual assault offenses.

Sec. 5431. Deposit of obscene matter in the mail.

Sec. 5432. Fraudulent use of credit cards, debit cards, and other access devices.

Sec. 5433. False pretenses to obtain services.

Sec. 5434. Robbery.

Sec. 5435. Receiving stolen property.

Sec. 5436. Offenses concerning Government computers.

Sec. 5437. Bribery.

Sec. 5438. Graft.

Sec. 5439. Kidnapping.

Sec. 5440. Arson; burning property with intent to defraud.

Sec. 5441. Assault.

Sec. 5442. Burglary and unlawful entry.

Sec. 5443. Stalking.

Sec. 5444. Subornation of perjury.

Sec. 5445. Obstructing justice.

Sec. 5446. Misprision of serious offense.

Sec. 5447. Wrongful refusal to testify.

Sec. 5448. Prevention of authorized seizure of property.

Sec. 5449. Wrongful interference with adverse administrative proceeding.

Sec. 5450. Retaliation.

Sec. 5451. Extraterritorial application of certain offenses.

Sec. 5452. Table of sections.

TITLE LXI—MISCELLANEOUS PROVISIONS

Sec. 5501. Technical amendments relating to courts of inquiry.

Sec. 5502. Technical amendment to Article 136.

Sec. 5503. Articles of Uniform Code of Military Justice to be explained to officers

upon commissioning.

Sec. 5504. Military justice case management; data collection and accessibility.

TITLE LXII—MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS

Sec. 5521. Military Justice Review Panel.

Sec. 5522. Annual reports.

TITLE LXIII—CONFORMING AMENDMENTS AND EFFECTIVE DATES

Sec. 5541. Amendments to UCMJ subchapter tables of sections.

Sec. 5542. Effective dates.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

In this Act, the term ‘‘congressional defense committees’’ has

the meaning given that term in section 101(a)(16) of title 10, United

States Code.

SEC. 4. BUDGETARY EFFECTS OF THIS ACT.

The budgetary effects of this Act, for the purposes of complying

with the Statutory Pay-As-You-Go Act of 2010, shall be determined

by reference to the latest statement titled ‘‘Budgetary Effects of

PAYGO Legislation’’ for this Act, jointly submitted for printing

in the Congressional Record by the Chairmen of the House and

Senate Budget Committees, provided that such statement has been

submitted prior to the vote on passage in the House acting first

on the conference report or amendment between the Houses.

10 USC 101 note.

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130 STAT. 2026 PUBLIC LAW 114–328—DEC. 23, 2016

DIVISION A—DEPARTMENT OF

DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. Multiyear procurement authority for AH–64E Apache helicopters.

Sec. 112. Multiyear procurement authority for UH–60M and HH–60M Black Hawk

helicopters.

Sec. 113. Distributed Common Ground System–Army increment 1.

Sec. 114. Assessment of certain capabilities of the Department of the Army.

Subtitle C—Navy Programs

Sec. 121. Determination of vessel delivery dates.

Sec. 122. Incremental funding for detail design and construction of LHA replace-

ment ship designated LHA 8.

Sec. 123. Littoral Combat Ship.

Sec. 124. Limitation on use of sole-source shipbuilding contracts for certain vessels.

Sec. 125. Limitation on availability of funds for the Advanced Arresting Gear Pro-

gram.

Sec. 126. Limitation on availability of funds for procurement of U.S.S. Enterprise

(CVN–80).

Sec. 127. Sense of Congress on aircraft carrier procurement schedules.

Sec. 128. Report on P–8 Poseidon aircraft.

Sec. 129. Design and construction of replacement dock landing ship designated

LX(R) or amphibious transport dock designated LPD–29.

Subtitle D—Air Force Programs

Sec. 131. EC–130H Compass Call recapitalization program.

Sec. 132. Repeal of requirement to preserve certain retired C–5 aircraft.

Sec. 133. Repeal of requirement to preserve F–117 aircraft in recallable condition.

Sec. 134. Prohibition on availability of funds for retirement of A–10 aircraft.

Sec. 135. Limitation on availability of funds for destruction of A–10 aircraft in stor-

age status.

Sec. 136. Prohibition on availability of funds for retirement of Joint Surveillance

Target Attack Radar System aircraft.

Sec. 137. Elimination of annual report on aircraft inventory.

Subtitle E—Defense-wide, Joint, and Multiservice Matters

Sec. 141. Standardization of 5.56mm rifle ammunition.

Sec. 142. Fire suppressant and fuel containment standards for certain vehicles.

Sec. 143. Limitation on availability of funds for destruction of certain cluster muni-

tions.

Sec. 144. Report on Department of Defense munitions strategy for the combatant

commands.

Sec. 145. Modifications to reporting on use of combat mission requirements funds.

Sec. 146. Report on alternative management structures for the F–35 joint strike

fighter program.

Sec. 147. Comptroller General review of F–35 Lightning II aircraft sustainment

support.

Sec. 148. Briefing on acquisition strategy for Ground Mobility Vehicle.

Sec. 149. Study and report on optimal mix of aircraft capabilities for the Armed

Forces.

Subtitle A—Authorization of

Appropriations

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

2017 for procurement for the Army, the Navy and the Marine

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130 STAT. 2027 PUBLIC LAW 114–328—DEC. 23, 2016

Corps, the Air Force, and Defense-wide activities, as specified in

the funding table in section 4101.

Subtitle B—Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH–64E

APACHE HELICOPTERS.

(a) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT

.—Subject to sec-

tion 2306b of title 10, United States Code, the Secretary of the

Army may enter into one or more multiyear contracts, beginning

with the fiscal year 2017 program year, for the procurement of

AH–64E Apache helicopters.

(b) C

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—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) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT

.—Subject to sec-

tion 2306b of title 10, United States Code, the Secretary of the

Army may enter into one or more multiyear contracts, beginning

with the fiscal year 2017 program year, for the procurement of

UH–60M and HH–60M Black Hawk helicopters.

(b) C

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—A contract

entered into under subsection (a) shall provide that any obligation

of the United States to make a payment under the contract for

a fiscal year after fiscal year 2017 is subject to the availability

of appropriations for that purpose for such later fiscal year.

SEC. 113. DISTRIBUTED COMMON GROUND SYSTEM–ARMY INCREMENT

(a) T

RAINING FOR

PERATORS

.—The Secretary of the Army shall

take such actions as may be necessary to improve and tailor training

for covered units in the versions of increment 1 that are in use

on the date of the enactment of this Act.

(b) F

IELDING OF

APABILITY

.—

(1) I

N GENERAL

.—The Secretary shall rapidly identify and

field a capability for fixed and deployable multi-source ground

processing systems for covered units.

(2) C

OMMERCIALLY AVAILABLE CAPABILITIES

.—In carrying

out paragraph (1), the Secretary shall procure commercially

available off-the-shelf technologies that—

(A) meet essential tactical requirements for processing,

analyzing, and displaying intelligence information;

(B) can integrate and communicate with covered units

at the tactical unit level and at higher unit levels;

the Distributed Common Ground System–Army; and

(D) require less training than the Distributed Common

Ground System–Army.

IMITATION ON THE

WARD OF

ONTRACT

.—The Secretary

may not enter into a contract for the design, development, or

procurement of any data architecture, data integration, or ‘‘cloud’’

capability, or any data analysis or data visualization and workflow

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130 STAT. 2028 PUBLIC LAW 114–328—DEC. 23, 2016

capability (including warfighting function tools relating to incre-

ment 1 of the Distributed Common Ground System–Army) for cov-

ered units unless the contract—

(1) is awarded not later than 180 days after the date

of the enactment of this Act;

(2) is awarded in accordance with applicable law and regu-

lations providing for the use of competitive procedures or proce-

dures applicable to the procurement of commercial items

including parts 12 and 15 of the Federal Acquisition Regulation;

(3) is a fixed-price contract; and

(4) provides that the technology to be procured under the

contract will—

(A) begin initial fielding rapidly after the contract

award;

(B) achieve initial operating capability not later than

nine months after the date on which the contract is

awarded; and

18 months after the date on which the contract is awarded.

(d) W

AIVER

.—

(1) I

N GENERAL

.—The Secretary of Defense may waive the

limitation in subsection (c) if the Secretary submits to the

appropriate congressional committees a written statement

declaring that such limitation would adversely affect ongoing

operational activities.

(2) N

ONDELEGATION

.—The Secretary of Defense may not

delegate the waiver authority under paragraph (1).

(e) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means—

(A) the congressional defense committees;

(B) the Select Committee on Intelligence of the Senate;

and

of the House of Representatives.

(2) C

OVERED UNITS

.—The term ‘‘covered units’’ means mili-

tary units that use increment 1 of the Distributed Common

Ground System–Army, including tactical units and operators

at the division, brigade, and battalion levels, and tactical units

below the battalion level.

SEC. 114. ASSESSMENT OF CERTAIN CAPABILITIES OF THE DEPART-

MENT OF THE ARMY.

(a) A

SSESSMENT

.—The Secretary of Defense, in consultation

with the Secretary of the Army and the Chief of Staff of the

Army, shall conduct an assessment of the following capabilities

with respect to the Department of the Army:

(1) The capacity of AH–64 Apache-equipped attack recon-

naissance battalions to meet future needs.

(2) Air defense artillery capacity and responsiveness,

including—

(A) the capacity of short-range air defense artillery

to address existing and emerging threats, including threats

posed by unmanned aerial systems, cruise missiles, and

manned aircraft; and

(B) the potential for commercial off-the-shelf solutions.

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130 STAT. 2029 PUBLIC LAW 114–328—DEC. 23, 2016

(3) Chemical, biological, radiological, and nuclear capabili-

ties and modernization needs.

(4) Field artillery capabilities, including—

(A) modernization needs;

(B) munitions inventory shortfalls; and

the Memorandum of the Secretary of Defense dated June

19, 2008, regarding the Department of Defense policy on

cluster munitions and unintended harm to civilians.

(5) Fuel distribution and water purification capacity and

responsiveness.

(6) Watercraft and port-opening capabilities and respon-

siveness.

(7) Transportation capacity and responsiveness, particu-

larly with respect to the transportation of fuel, water, and

cargo.

(8) Military police capacity.

(9) Tactical mobility and tactical wheeled vehicle capacity,

including heavy equipment prime movers.

(b) R

EPORT

.—Not later than April 1, 2017, the Secretary of

Defense shall submit to the congressional defense committees a

report that includes—

(1) the assessment conducted under subsection (a);

(2) recommendations for reducing or eliminating shortfalls

in responsiveness and capacity with respect to each of the

capabilities described in such subsection; and

(3) an estimate of the costs of implementing such rec-

ommendations.

ORM

.—The report under subsection (b) shall be submitted

in unclassified form, but may include a classified annex.

Subtitle C—Navy Programs

SEC. 121. DETERMINATION OF VESSEL DELIVERY DATES.

(a) D

ETERMINATION OF

ESSEL

ELIVERY

ATES

.—

(1) I

N GENERAL

.—Chapter 633 of title 10, United States

Code, is amended by inserting after section 7300 the following

new section:

‘‘§ 7301. Determination of vessel delivery dates

‘‘(a) I

ENERAL

.—The delivery of a covered vessel shall be

deemed to occur on the date on which—

‘‘(1) the Secretary of the Navy determines that the vessel

is assembled and complete; and

‘‘(2) custody of the vessel and all systems contained in

the vessel transfers to the Navy.

‘‘(b) I

NCLUSION IN

UDGET AND

CQUISITION

EPORTS

.—The

delivery dates of covered vessels shall be included—

‘‘(1) in the materials submitted to Congress by the Secretary

of Defense in support of the budget of the President for each

fiscal year (as submitted to Congress under section 1105(a)

of title 31, United States Code); and

‘‘(2) in any relevant Selected Acquisition Report submitted

to Congress under section 2432 of this title.

‘‘(c) C

OVERED

ESSEL

EFINED

.—In this section, the term ‘cov-

ered vessel’ means any vessel of the Navy that is under construction

10 USC 7301.

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130 STAT. 2030 PUBLIC LAW 114–328—DEC. 23, 2016

on or after the date of the enactment of this section using amounts

authorized to be appropriated for the Department of Defense for

shipbuilding and conversion, Navy.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 7300 the following new item:

‘‘7301. Determination of vessel delivery dates.’’.

(b) C

ERTIFICATION

.—

(1) I

N GENERAL

.—Not later than January 1, 2017, the Sec-

retary of the Navy shall certify to the congressional defense

committees that the delivery dates of the following vessels

have been adjusted in accordance with section 7301 of title

10, United States Code, as added by subsection (a):

(A) The U.S.S. John F. Kennedy (CVN–79).

(B) The U.S.S. Zumwalt (DDG–1000).

(D) The U.S.S. Lyndon B. Johnson (DDG–1002).

(E) Any other vessel of the Navy that is under construc-

tion on the date of the enactment of this Act.

(2) C

ONTENTS

.—The certification under paragraph (1) shall

include—

(A) an identification of each vessel for which the

delivery date was adjusted; and

(B) the delivery date of each such vessel, as so adjusted.

SEC. 122. INCREMENTAL FUNDING FOR DETAIL DESIGN AND

CONSTRUCTION OF LHA REPLACEMENT SHIP DESIGNATED

LHA 8.

(a) A

UTHORITY

NCREMENTAL

UNDING

.—The Secretary

of the Navy may enter into and incrementally fund a contract

for detail design and construction of the LHA Replacement ship

designated LHA 8 and, subject to subsection (b), funds for payments

under the contract may be provided from amounts authorized to

be appropriated for the Department of Defense for Shipbuilding

and Conversion, Navy, for fiscal years 2017 and 2018.

(b) C

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—A contract

entered into under subsection (a) shall provide that any obligation

of the United States to make a payment under the contract for

any subsequent fiscal year is subject to the availability of appropria-

tions for that purpose for such subsequent fiscal year.

SEC. 123. LITTORAL COMBAT SHIP.

(a) R

EPORT ON

ITTORAL

OMBAT

HIP

ISSION

ACKAGES

.—

(1) I

N GENERAL

.—The Secretary of Defense shall include

in the materials submitted in support of the budget of the

President (as submitted to Congress under section 1105(a) of

title 31, United States Code) for each fiscal year through fiscal

year 2022 a report on Littoral Combat Ship mission packages.

(2) E

LEMENTS

.—Each report under paragraph (1) shall

include, with respect to each Littoral Combat Ship mission

package and increment, the following:

(A) A description of the status of and plans for develop-

ment, production, and sustainment, including—

(i) projected unit costs compared to originally esti-

mated unit costs for each system that comprises the

mission package;

10 USC 7301

note.

10 USC 7291

prec.

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130 STAT. 2031 PUBLIC LAW 114–328—DEC. 23, 2016

(ii) projected development costs, procurement costs,

and 20-year sustainment costs compared to original

estimates of such costs for each system that comprises

the mission package;

(iii) demonstrated performance compared to

required performance for each system that comprises

the mission package and for the mission package as

a whole;

(iv) problems relating to realized and potential

costs, schedule, or performance; and

(v) any development plans, production plans, or

sustainment and mitigation plans that may be imple-

mented to address such problems.

(B) A description, including dates, of each develop-

mental test, operational test, integrated test, and follow-

on test event that is—

(i) completed in the fiscal year preceding the fiscal

year covered by the report; and

(ii) expected to be completed in the fiscal year

covered by the report and any of the following five

fiscal years.

is expected to be attained and a description of the perform-

ance level criteria that must be demonstrated to declare

that such capability has been attained.

(D) A description of—

(i) the systems that attained initial operational

capability in the fiscal year preceding the fiscal year

covered by the report; and

(ii) the performance level demonstrated by such

systems compared to the performance level required

of such systems.

(E) The acquisition inventory objective for each system.

(F) An identification of—

(i) each location (including the city, State, and

country) to which systems were delivered in the fiscal

year preceding the fiscal year covered by the report;

and

(ii) the quantity of systems delivered to each such

location.

(G) An identification of—

(i) each location (including the city, State, and

country) to which systems are projected to be delivered

in the fiscal year covered by the report and any of

the following five fiscal years; and

(ii) the quantity of systems projected to be deliv-

ered to each such location.

(b) C

ERTIFICATION OF

ITTORAL

OMBAT

HIP

ISSION

ACKAGE

ROGRAM OF

ECORD

.—

(1) I

N GENERAL

.—The Under Secretary of Defense for

Acquisition, Technology, and Logistics shall include in the mate-

rials submitted in support of the budget of the President (as

submitted to Congress under section 1105(a) of title 31, United

States Code) for fiscal year 2018 the certification described

in paragraph (2).

(2) C

ERTIFICATION

.—The certification described in this

paragraph is a certification with respect to Littoral Combat

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130 STAT. 2032 PUBLIC LAW 114–328—DEC. 23, 2016

Ship mission packages that includes, as of the fiscal year cov-

ered by the certification, the program of record quantity for—

(A) surface warfare mission packages;

(B) anti-submarine warfare mission packages; and

IMITATIONS

.—

(1) L

IMITATION ON DEVIATION FROM ACQUISITION

STRATEGY

.—

(A) I

N GENERAL

.—The Secretary of Defense may not

revise or deviate from revision three of the Littoral Combat

Ship acquisition strategy, until the date on which the Sec-

retary submits to the congressional defense committees

the certification described in subparagraph (B).

(B) C

ERTIFICATION

.—The certification described in this

subparagraph is a certification that includes—

(i) the rationale of the Secretary for revising or

deviating from revision three of the Littoral Combat

Ship acquisition strategy;

(ii) a description of each such revision or deviation;

and

(iii) the Littoral Combat Ship acquisition strategy

that is in effect following the implementation of such

revisions or deviations.

(2) L

IMITATION ON SELECTION OF SINGLE CONTRACTOR

.—

The Secretary of Defense may not select only a single prime

contractor to construct the Littoral Combat Ship or any suc-

cessor frigate class ship unless such selection—

(A) is conducted using competitive procedures and for

the limited purpose of awarding a contract or contracts

for—

(i) an engineering change proposal for a frigate

class ship; or

(ii) the construction of a frigate class ship; and

(B) occurs only after a frigate design has—

(i) reached sufficient maturity and completed a

preliminary design review; or

(ii) demonstrated an equivalent level of design

completeness.

(d) D

EFINITIONS

.—In this section:

(1) L

ITTORAL COMBAT SHIP MISSION PACKAGE

.—The term

‘‘Littoral Combat Ship mission package’’ means a mission

module for a Littoral Combat Ship combined with the crew

detachment and support aircraft for such ship.

(2) M

ISSION MODULE

.—The term ‘‘mission module’’ means

the mission systems (including vehicles, communications, sen-

sors, and weapons systems) combined with support equipment

(including support containers and standard interfaces) and soft-

ware (including software relating to the computing environment

and multiple vehicle communications system of the mission

package).

(3) R

EVISION THREE

.—The term ‘‘revision three of the Lit-

toral Combat Ship acquisition strategy’’ means the third revi-

sion of the Littoral Combat Ship acquisition strategy approved

by the Under Secretary of Defense for Acquisition, Technology,

and Logistics on March 29, 2016.

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130 STAT. 2033 PUBLIC LAW 114–328—DEC. 23, 2016

(e) R

EPEAL OF

UARTERLY

EPORTING

EQUIREMENT

.—Section

126 of the National Defense Authorization Act for Fiscal Year

2013 (Public Law 112–239; 126 Stat. 1657) is amended—

(1) by striking subsection (b); and

(2) by striking ‘‘(a) D

ESIGNATION

EQUIRED

.—’’.

SEC. 124. LIMITATION ON USE OF SOLE-SOURCE SHIPBUILDING CON-

TRACTS FOR CERTAIN VESSELS.

(a) L

IMITATION

.—None of the funds authorized to be appro-

priated by this Act or otherwise made available for the Department

of Defense for fiscal year 2017 for joint high speed vessels or

expeditionary fast transports may be used to enter into or prepare

to enter into a contract on a sole-source basis for the construction

of such vessels or transports unless the Secretary of the Navy

submits to the congressional defense committees the certification

described in subsection (b) and the report described in subsection

(c).

(b) C

ERTIFICATION

.—The certification described in this sub-

section is a certification by the Secretary of the Navy that—

(1) awarding a contract for the construction of one or more

joint high speed vessels or expeditionary fast transports on

a sole-source basis is in the national security interests of the

United States;

(2) the construction of the vessels or transports will not

result in exceeding the requirement for the ship class, as

described in the most recent Navy force structure assessment;

(3) the contract will be a fixed-price contract;

(4) the price of the contract will be fair and reasonable,

as determined by the service acquisition executive of the Navy;

and

(5) the contract will provide for the United States to have

Government purpose rights in the data for the ship design.

EPORT

.—The report described in this subsection is a report

that includes—

(1) an explanation of the rationale for awarding a contract

for the construction of joint high speed vessels or expeditionary

fast transports on a sole-source basis; and

(2) a description of—

(A) actions that may be carried out to ensure that,

if additional ships in the class are procured after the award

of the contract referred to in paragraph (1), the contracts

for the ships shall be awarded using competitive proce-

dures; and

(B) with respect to each such action, an implementation

schedule and any associated cost savings, as compared

to a contract awarded on a sole-source basis.

SEC. 125. LIMITATION ON AVAILABILITY OF FUNDS FOR THE

ADVANCED ARRESTING GEAR PROGRAM.

(a) A

DVANCED

RRESTING

EAR FOR

U.S.S. E

NTERPRISE

.—None

of the funds authorized to be appropriated by this Act or otherwise

made available for fiscal year 2017 for the research and develop-

ment, design, procurement, or advanced procurement of materials

for advanced arresting gear for the U.S.S. Enterprise (CVN–80)

may be obligated or expended until the Secretary of Defense submits

to the congressional defense committees the report described in

section 2432 of title 10, United States Code, for the most recently

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130 STAT. 2034 PUBLIC LAW 114–328—DEC. 23, 2016

concluded fiscal quarter for the Advanced Arresting Gear Program

in accordance with subsection (c)(1).

(b) A

DVANCED

RRESTING

EAR FOR

U.S.S. J

OHN

F. K

ENNEDY

.—

None of the funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2017 for the research

and development, design, procurement, or advanced procurement

of materials for advanced arresting gear for the U.S.S. John F.

Kennedy (CVN–79) may be obligated or expended unless—

(1) the decision to install advanced arresting gear on the

vessel is determined by the milestone decision authority for

the Program; and

(2) the milestone decision authority for the Program sub-

mits notification of such determination to the congressional

defense committees.

DDITIONAL

EQUIREMENTS

.—

(1) T

REATMENT OF BASELINE ESTIMATE

.—The Secretary of

Defense shall deem the Baseline Estimate for the Advanced

Arresting Gear Program for fiscal year 2009 as the original

Baseline Estimate for the Program.

(2) U

NIT COST REPORTS AND CRITICAL COST GROWTH

.—

(A) Subject to subparagraph (B), the Secretary shall

carry out sections 2433 and 2433a of title 10, United States

Code, with respect to the Advanced Arresting Gear Pro-

gram, as if the Department had submitted a Selected

Acquisition Report for the Program that included the Base-

line Estimate for the Program for fiscal year 2009 as the

original Baseline Estimate, except that the Secretary shall

not carry out subparagraph (B) or subparagraph (C) of

section 2433a(c)(1) of such title with respect to the Program.

(B) In carrying out the review required by section

2433a of such title, the Secretary shall not approve a

contract, enter into a new contract, exercise an option

under a contract, or otherwise extend the scope of a contract

for advanced arresting gear for the U.S.S. Enterprise

(CVN–80), except to the extent determined necessary by

the milestone decision authority, on a non-delegable basis,

to ensure that the Program can be restructured as intended

by the Secretary without unnecessarily wasting resources.

(d) D

EFINITIONS

.—In this section:

(1) B

ASELINE ESTIMATE

.—The term ‘‘Baseline Estimate’’ has

the meaning given the term in section 2433(a)(2) of title 10,

United States Code.

(2) M

ILESTON DECISION AUTHORITY

.—The term ‘‘milestone

decision authority’’ has the meaning given the term in section

2366b(g)(3) of title 10, United States Code.

(3) O

RIGINAL BASELINE ESTIMATE

.—The term ‘‘original

Baseline Estimate’’ has the meaning given the term in section

2435(d)(1) of title 10, United States Code.

(4) S

ELECTED ACQUISITION REPORT

.—The term ‘‘Selected

Acquisition Report’’ means a Selected Acquisition Report sub-

mitted to Congress under section 2432 of title 10, United States

Code.

SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCURE-

MENT OF U.S.S. ENTERPRISE (CVN–80).

(a) L

IMITATION

.—Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2017 for

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130 STAT. 2035 PUBLIC LAW 114–328—DEC. 23, 2016

advance procurement or procurement for the U.S.S. Enterprise

(CVN–80), not more than 25 percent may be obligated or expended

until the date on which the Secretary of the Navy and the Chief

of Naval Operations jointly submit to the congressional defense

committees the report under subsection (b).

(b) I

NITIAL

EPORT ON

CVN–79

AND

CVN–80.—Not later than

December 1, 2016, the Secretary of the Navy and the Chief of

Naval Operations shall jointly submit to the congressional defense

committees a report that includes a description of actions that

may be carried out (including de-scoping requirements, if necessary)

to achieve a ship end cost of—

(1) not more than $12,000,000,000 for the CVN–80; and

(2) not more than $11,000,000,000 for the U.S.S. John

F. Kennedy (CVN–79).

NNUAL

EPORT ON

CVN–79

AND

CVN–80.—

(1) I

N GENERAL

.—Together with the budget of the President

for each fiscal year through fiscal year 2021 (as submitted

to Congress under section 1105(a) of title 31, United States

Code) the Secretary of the Navy and the Chief of Naval Oper-

ations shall submit a report on the efforts of the Navy to

achieve the ship end costs described in subsection (b) for the

CVN–79 and CVN–80.

(2) E

LEMENTS

.—The report under paragraph (1) shall

include, with respect to the procurement of the CVN–79 and

the CVN–80, the following:

(A) A description of the progress made toward

achieving the ship end costs described in subsection (b),

including realized cost savings.

(B) A description of low value-added or unnecessary

elements of program cost that have been reduced or elimi-

nated.

initiatives.

(D) A schedule that includes—

(i) a plan for spending with phasing of key obliga-

tions and outlays;

(ii) decision points describing when savings may

be realized; and

(iii) key events that must occur to execute initia-

tives and achieve savings.

(E) Instances of lower Government estimates used in

contract negotiations.

(F) A description of risks that may result from

achieving the procurement end costs specified in subsection

(b).

(G) A description of incentives or rewards provided

or planned to be provided to prime contractors for meeting

the procurement end costs specified in subsection (b).

SEC. 127. SENSE OF CONGRESS ON AIRCRAFT CARRIER PROCUREMENT

SCHEDULES.

(a) F

INDINGS

.—Congress finds the following:

(1) In the Congressional Budget Office report titled ‘‘An

Analysis of the Navy’s Fiscal Year 2016 Shipbuilding Plan’’,

the Office stated as follows: ‘‘To prevent the carrier force from

declining to 10 ships in the 2040s, 1 short of its inventory

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130 STAT. 2036 PUBLIC LAW 114–328—DEC. 23, 2016

goal of 11, the Navy could accelerate purchases after 2018

to 1 every four years, rather than 1 every five years’’.

(2) In a report submitted to Congress on March 17, 2015,

the Secretary of the Navy indicated the Department of the

Navy has a requirement of 11 aircraft carriers.

(b) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) the plan of the Department of the Navy to schedule

the procurement of one aircraft carrier every five years will

reduce the overall aircraft carrier inventory to 10 aircraft car-

riers, a level insufficient to meet peacetime and war plan

requirements; and

(2) to accommodate the required aircraft carrier force struc-

ture, the Department of the Navy should—

(A) begin to program construction for the next aircraft

carrier to be built after the U.S.S. Enterprise (CVN–80)

in fiscal year 2022; and

(B) program the required advance procurement activi-

ties to accommodate the construction of such carrier.

SEC. 128. REPORT ON P–8 POSEIDON AIRCRAFT.

(a) R

EPORT

EQUIRED

.—Not later than October 1, 2017, the

Secretary of the Navy shall submit to the congressional defense

committees a report on potential upgrades to the capabilities of

the P–8 Poseidon aircraft.

(b) E

LEMENTS

.—The report under subsection (a) shall include,

with respect to the P–8 Poseidon aircraft, the following:

(1) A review of potential upgrades to the sensors onboard

the aircraft, including upgrades to intelligence sensors, surveil-

lance sensors, and reconnaissance sensors such as those being

fielded on MQ–4 Global Hawk aircraft platforms.

(2) An assessment of the ability of the Navy to use long-

range multispectral imaging systems onboard the aircraft that

are similar to such systems being used onboard the MQ–4

Global Hawk aircraft.

SEC. 129. DESIGN AND CONSTRUCTION OF REPLACEMENT DOCK

LANDING SHIP DESIGNATED LX(R) OR AMPHIBIOUS

TRANSPORT DOCK DESIGNATED LPD–29.

(a) I

ENERAL

.—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) U

SE OF

NCREMENTAL

UNDING

.—With respect to the con-

tract entered into under subsection (a), the Secretary may use

incremental funding to make payments under the contract.

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—The con-

tract entered into under subsection (a) shall provide that any obliga-

tion of the United States to make a payment under such contract

for any fiscal year after fiscal year 2017 is subject to the availability

of appropriations for that purpose for such fiscal year.

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130 STAT. 2037 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle D—Air Force Programs

SEC. 131. EC–130H COMPASS CALL RECAPITALIZATION PROGRAM.

(a) A

UTHORIZATION

.—Subject to subsection (b), the Secretary

of the Air Force may carry out a program to transfer the primary

mission equipment of the EC–130H Compass Call aircraft fleet

to an aircraft platform that the Secretary determines—

(1) is more operationally effective and survivable than the

existing EC–130H Compass Call aircraft platform; and

(2) meets the requirements of the combatant commands.

(b) L

IMITATION

.—

(1) Except as provided in paragraph (2), none of the funds

authorized to be appropriated by this Act or otherwise made

available for fiscal year 2017 or any other fiscal year for

procurement may be obligated or expended on the program

under subsection (a) until the date on which the Secretary

of the Air Force determines that there is a high likelihood

that the program will meet the requirements of the combatant

commands.

(2) The limitation in paragraph (1)—

(A) shall not apply to the development and procure-

ment of the first two aircraft under the program; and

(B) shall not limit the authority of the Secretary to

enter into a contract that may include an option for the

future production of aircraft under the program if—

(i) the exercise of such option is at the discretion

of the Secretary; and

(ii) such option is not exercised until the Secretary

determines that there is a high likelihood that the

program will meet the requirements of the combatant

commands.

SEC. 132. REPEAL OF REQUIREMENT TO PRESERVE CERTAIN RETIRED

C–5 AIRCRAFT.

Section 141 of the National Defense Authorization Act for Fiscal

Year 2013 (Public Law 112–239; 126 Stat. 1659) is amended by

striking subsection (d).

SEC. 133. REPEAL OF REQUIREMENT TO PRESERVE F–117 AIRCRAFT

IN RECALLABLE CONDITION.

Section 136 of the John Warner National Defense Authorization

Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114)

is amended by striking subsection (b).

SEC. 134. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT

OF A–10 AIRCRAFT.

(a) P

ROHIBITION ON

VAILABILITY OF

UNDS FOR

ETIREMENT

.—

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) A

DDITIONAL

IMITATION ON

ETIREMENT

.—In addition to

the prohibition in subsection (a), the Secretary of the Air Force

may not retire, prepare to retire, or place in storage or on backup

aircraft inventory status any A–10 aircraft until a period of 90

days has elapsed following the date on which the Secretary submits

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130 STAT. 2038 PUBLIC LAW 114–328—DEC. 23, 2016

to the congressional defense committees the report under subsection

(e)(2).

ROHIBITION ON

IGNIFICANT

EDUCTIONS IN

ANNING

EVELS

.—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) M

INIMUM

NVENTORY

EQUIREMENT

.—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) R

EPORTS

EQUIRED

.—

(1) The Director of Operational Test and Evaluation shall

submit to the congressional defense committees a report that

includes—

(A) the results and findings of the initial operational

test and evaluation of the F–35 aircraft program; and

(B) a comparison test and evaluation that examines

the capabilities of the F–35A and A–10C aircraft in con-

ducting close air support, combat search and rescue, and

forward air controller airborne missions.

(2) Not later than 180 days after the date of the submission

of the report under paragraph (1), the Secretary of the Air

Force shall submit to the congressional defense committees

a report that includes—

(A) the views of the Secretary with respect to the

results of the initial operational test and evaluation of

the F–35 aircraft program as summarized in the report

under paragraph (1), including any issues or concerns of

the Secretary with respect to such results;

(B) a plan for addressing any deficiencies and carrying

out any corrective actions identified in such report; and

the capability of the Air Force to conduct close air support,

combat search and rescue, and forward air controller air-

borne missions.

(f) S

PECIAL

ULE

.—

(1) Subject to paragraph (2), the Secretary of the Air Force

may carry out the transition of the A–10 unit at Fort Wayne

Air National Guard Base, Indiana, to an F–16 unit as described

by the Secretary in the Force Structure Actions map submitted

in support of the budget of the President for fiscal year 2017

(as submitted to Congress under section 1105(a) of title 31,

United States Code).

(2) Subsections (a) through (e) shall apply with respect

to any A–10 aircraft affected by the transition described in

paragraph (1).

SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION

OF A–10 AIRCRAFT IN STORAGE STATUS.

(a) L

IMITATION

.—None of the funds authorized to be appro-

priated by this Act or otherwise made available for the Air Force

for fiscal year 2017 or any fiscal year thereafter may be obligated

or expended to scrap, destroy, or otherwise dispose of any potential

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130 STAT. 2039 PUBLIC LAW 114–328—DEC. 23, 2016

donor A–10 aircraft until the date on which the Secretary of the

Air Force submits to the congressional defense committees the

report required under section 134(e)(2).

(b) N

OTIFICATION AND

ERTIFICATION

.—Not later than 45 days

before taking any action to scrap, destroy, or otherwise dispose

of any A–10 aircraft in any storage status in the 309th Aerospace

Maintenance and Regeneration Group, the Secretary of the Air

Force shall—

(1) notify the congressional defense committees of the intent

of the Secretary to take such action; and

(2) certify that the A–10 aircraft subject to such action

does not have serviceable wings or other components that could

be used to prevent the permanent removal of any active inven-

tory A–10 aircraft from flyable status.

LAN TO

REVENT

EMOVAL

A–10 A

IRCRAFT

ROM

LYABLE

TATUS

.—The Secretary of the Air Force shall—

(1) include with the materials submitted to Congress in

support of the budget of the Department of Defense for fiscal

year 2018 (as submitted with the budget of the President under

section 1105(a) of title 31, United States Code) a plan to prevent

the permanent removal of any active inventory A–10 aircraft

from flyable status due to unserviceable wings or any other

required component during the period covered by the future

years defense plan submitted to Congress under section 221

of title 10, United States Code; and

(2) carry out such plan to prevent the permanent removal

of any active inventory A–10 aircraft from flyable status.

(d) P

OTENTIAL

ONOR

A–10 A

IRCRAFT

EFINED

.—In this sec-

tion, the term ‘‘potential donor A–10 aircraft’’ means any A–10

aircraft in any storage status in the 309th Aerospace Maintenance

and Regeneration Group that has serviceable wings or other compo-

nents that could be used to prevent any active inventory A–10

aircraft from being permanently removed from flyable status due

to unserviceable wings or other components.

SEC. 136. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT

OF JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM

AIRCRAFT.

(a) P

ROHIBITION

.—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) E

XCEPTION

.—The prohibition in subsection (a) shall not

apply to individual Joint Surveillance Target Attack Radar System

aircraft that the Secretary of the Air Force determines, on a case-

by-case basis, to be non-operational because of mishaps, other dam-

age, or being uneconomical to repair.

SEC. 137. ELIMINATION OF ANNUAL REPORT ON AIRCRAFT INVEN-

TORY.

Section 231a of title 10, United States Code, is amended—

(1) by striking subsection (e); and

(2) by redesignating subsection (f) as subsection (e).

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130 STAT. 2040 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle E—Defense-wide, Joint, and

Multiservice Matters

SEC. 141. STANDARDIZATION OF 5.56MM RIFLE AMMUNITION.

(a) R

EPORT

.—If, on the date that is 180 days after the date

of the enactment of this Act, the Army and the Marine Corps

are using in combat two different types of enhanced 5.56mm rifle

ammunition, the Secretary of Defense shall, on such date, submit

to the congressional defense committees a report explaining the

reasons that the Army and the Marine Corps are using different

types of such ammunition.

(b) S

TANDARDIZATION

EQUIREMENT

.—Except as provided in

subsection (c), not later than one year after the date of the enact-

ment of this Act, the Secretary of Defense shall ensure that the

Army and the Marine Corps are using in combat one standard

type of enhanced 5.56mm rifle ammunition.

XCEPTION

.—Subsection (b) shall not apply in a case in

which the Secretary of Defense—

(1) determines that a state of emergency requires the Army

and the Marine Corps to use in combat different types of

enhanced 5.56mm rifle ammunition; and

(2) certifies to the congressional defense committees that

such a determination has been made.

SEC. 142. FIRE SUPPRESSANT AND FUEL CONTAINMENT STANDARDS

FOR CERTAIN VEHICLES.

(a) G

UIDANCE

EQUIRED

.—

(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) E

LEMENTS

.—The guidance regarding fire suppressant and

fuel containment standards issued pursuant to subsection (a) shall—

(1) meet the survivability requirements applicable to each

class of covered vehicles;

(2) include standards for vehicle armor, vehicle fire suppres-

sion systems, and fuel containment technologies in covered

vehicles; and

(3) balance cost, survivability, and mobility.

EPORT TO

ONGRESS

.—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) C

OVERED

EHICLES

.—In this section, the term ‘‘covered

vehicles’’ means ground vehicles acquired on or after October 1,

2018, under a major defense acquisition program (as such term

is defined in section 2430 of title 10, United States Code), including

light tactical vehicles, medium tactical vehicles, heavy tactical

vehicles, and ground combat vehicles.

10 USC 2430

note.

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130 STAT. 2041 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION

OF CERTAIN CLUSTER MUNITIONS.

(a) L

IMITATION

.—Except as provided in subsection (b), none

of the funds authorized to be appropriated by this Act or otherwise

made available for fiscal year 2017 for the Department of Defense

may be obligated or expended for the destruction of cluster muni-

tions until the date on which the Secretary of Defense submits

the report required by subsection (c).

(b) E

XCEPTION FOR

AFETY

.—The limitation under subsection

(a) shall not apply to the destruction of cluster munitions that

the Secretary determines—

(1) are unserviceable as a result of an inspection, test,

field incident, or other significant failure to meet performance

or logistics requirements; or

(2) are unsafe or could pose a safety risk if not demilitarized

or destroyed.

EPORT

EQUIRED

.—

(1) I

N GENERAL

.—Not later than March 1, 2017, the Sec-

retary of Defense shall submit to the congressional defense

committees a report that includes each of the following ele-

ments:

(A) A description of the policy of the Department of

Defense regarding the use of cluster munitions, including

an explanation of the process through which commanders

may seek waivers to use such munitions.

(B) A 10-year projection of the requirements and inven-

tory levels for all cluster munitions that takes into account

future production of cluster munitions, any plans for demili-

tarization of such munitions, any plans for the recapitaliza-

tion of such munitions, the age of the munitions, storage

and safety considerations, and other factors that will affect

the size of the inventory.

inventory levels projected in subparagraph (B), including

the cost for potential demilitarization or disposal of such

munitions.

(D) A 10-year projection for the cost to develop and

produce new cluster munitions that comply with the Memo-

randum of the Secretary of Defense dated June 19, 2008,

regarding the Department of Defense policy on cluster

munitions and unintended harm to civilians that the Sec-

retary determines are necessary to meet the demands of

current operational plans.

(E) An assessment, by the Chairman of the Joint Chiefs

of Staff, of the effects of the projected cluster inventory

on operational plans.

(F) Any other matters that the Secretary determines

should be included in the report.

(2) F

ORM OF REPORT

.—The report required by paragraph

(1) shall be submitted in unclassified form, but may include

a classified annex.

(d) C

LUSTER

UNITIONS

EFINED

.—In this section, the term

‘‘cluster munitions’’ includes systems delivered by aircraft, cruise

missiles, artillery, mortars, missiles, tanks, rocket launchers, or

naval guns that deploy payloads of explosive submunitions that

detonate via target acquisition, impact, or altitude, or that self-

destruct.

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130 STAT. 2042 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 144. REPORT ON DEPARTMENT OF DEFENSE MUNITIONS

STRATEGY FOR THE COMBATANT COMMANDS.

(a) R

EPORT

EQUIRED

.—Not later than April 1, 2017, the Sec-

retary of Defense shall submit to the congressional defense commit-

tees a report on the munitions strategy for the combatant commands

for the six-year period beginning on January 1, 2017.

(b) E

LEMENTS

.—The report required by subsection (a) shall

include the following:

(1) For each year covered by the report, an identification

of the munitions requirements of the combatant commands,

including—

(A) plans, programming, and budgeting for each type

of munition; and

(B) the inventory of each type of munition.

(2) An assessment of any gaps and shortfalls with respect

to munitions determined to be essential to the ability of the

combatant commands to fulfill mission requirements.

(3) An assessment of how current and planned munitions

programs may affect operational concepts and capabilities of

the combatant commands.

(4) An identification of limitations in relevant industrial

bases and a description of necessary munitions investments.

(5) An assessment of how munitions capability and capacity

may be affected by changes consistent with the memorandum

of the Secretary of Defense dated June 19, 2008, regarding

the policy of the Department of Defense on cluster munitions

and unintended harm to civilians.

(6) Any other matters the Secretary determines appro-

priate.

SEC. 145. MODIFICATIONS TO REPORTING ON USE OF COMBAT MIS-

SION REQUIREMENTS FUNDS.

Section 123 of the Ike Skelton National Defense Authorization

Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4158;

10 U.S.C. 167 note) is amended—

(1) in the section heading, by striking ‘‘

QUARTERLY

’’ and

inserting ‘‘

ANNUAL

’’;

(2) in the subsection heading of subsection (a), by striking

‘‘Q

UARTERLY

’’ and inserting ‘‘A

NNUAL

’’; and

(3) by striking ‘‘quarter’’ each place it appears and inserting

‘‘year’’.

SEC. 146. REPORT ON ALTERNATIVE MANAGEMENT STRUCTURES FOR

THE F–35 JOINT STRIKE FIGHTER PROGRAM.

(a) I

ENERAL

.—Not later than March 31, 2017, the Secretary

of Defense shall submit to the congressional defense committees

a report on potential alternative management structures for the

F–35 joint strike fighter program.

(b) E

LEMENTS

.—The report under subsection (a) shall include

the following:

(1) An analysis of potential alternative management struc-

tures for the F–35 joint strike fighter program, including—

(A) continuation of the joint program office for the

program;

(B) the establishment of separate program offices for

the program in the Department of the Air Force and the

Department of the Navy;

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130 STAT. 2043 PUBLIC LAW 114–328—DEC. 23, 2016

each variant of the F–35A, F–35B, and F–35C;

(D) division of responsibilities for the program between

a joint program office and the military departments; and

(E) such other alternative management structures as

the Secretary determines to be appropriate.

(2) An evaluation of the benefits and drawbacks of each

alternative management structure analyzed in the report with

respect to—

(A) cost;

(B) alignment of responsibility and accountability; and

departments and program partners.

ORM

.—The report under subsection (a) shall be submitted

in unclassified form, but may include a classified annex.

SEC. 147. COMPTROLLER GENERAL REVIEW OF F–35 LIGHTNING II

AIRCRAFT SUSTAINMENT SUPPORT.

(a) R

EVIEW

.—Not later than September 30, 2017, the Comp-

troller General of the United States shall submit to the congres-

sional defense committees a report on the sustainment support

structure for the F–35 Lightning II aircraft program.

(b) E

LEMENTS

.—The review under subsection (a) shall include,

with respect to the F–35 Lightning II aircraft program, the fol-

lowing:

(1) The status of the sustainment support strategy for

the program, including goals for personnel training, required

infrastructure, and fleet readiness.

(2) Approaches, including performance-based logistics,

considered in developing the sustainment support strategy for

the program.

(3) Other information regarding sustainment and logistics

support for the program that the Comptroller General deter-

mines to be of critical importance to the long-term viability

of the program.

SEC. 148. BRIEFING ON ACQUISITION STRATEGY FOR GROUND

MOBILITY VEHICLE.

(a) B

RIEFING

EQUIRED

.—Not later than 180 days after the

date of the enactment of this Act, the Under Secretary of Defense

for Acquisition, Technology, and Logistics, in consultation with the

Secretary of the Army, shall provide a briefing to the congressional

defense committees on the acquisition strategy for the Ground

Mobility Vehicle for use with the Global Response Force of the

82nd Airborne Division.

(b) E

LEMENTS

.—The briefing under subsection (a) shall include

an assessment of the following:

(1) The feasability of acquiring the Ground Mobility

Vehicle—

(A) as a commercially available off-the-shelf item (as

such term is defined in section 104 of title 41, United

States Code); or

(B) as a modified version of such an item.

(2) Whether acquiring the Ground Mobility Vehicle in a

manner described in paragraph (1) would satisfy the require-

ments of the program and reduce the life-cycle cost of the

program.

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130 STAT. 2044 PUBLIC LAW 114–328—DEC. 23, 2016

(3) Whether the acquisition strategy for the Ground

Mobility Vehicle meets the focus areas specified in the most

recent version of the Better Buying Power initiative of the

Secretary of Defense.

(4) Whether including an active safety system in the

Ground Mobility Vehicle, such as the electronic stability control

system used on the joint light tactical vehicle, would reduce

the risk of vehicle rollover.

SEC. 149. STUDY AND REPORT ON OPTIMAL MIX OF AIRCRAFT

CAPABILITIES FOR THE ARMED FORCES.

(a) S

TUDY

.—

(1) I

N GENERAL

.—The Secretary of Defense shall conduct

a study to determine—

(A) an optimal mix of short-range fighter-class strike

aircraft and long-range strike aircraft for the use of the

Armed Forces during the covered period;

(B) an optimal mix of manned aerial platforms and

unmanned aerial platforms for the use of the Armed Forces

during such period; and

for the use of the Armed Forces during such period,

including—

(i) long-range, medium-range, and short-range

intelligence, surveillance, reconnaissance, or strike air-

craft, or combination of such aircraft;

(ii) aircraft with varying observability characteris-

tics;

(iii) land-based and sea-based aircraft;

(iv) advanced legacy fourth-generation aircraft

platforms of proven design;

(v) next generation air superiority capabilities; and

(vi) advanced technology innovations.

(2) C

ONSIDERATIONS

.—In making the determinations under

paragraph (1), the Secretary shall consider defense strategy,

critical assumptions, priorities, force size, and cost.

(b) R

EPORT

.—

(1) I

N GENERAL

.—Not later than April 14, 2017, the Sec-

retary shall submit to the appropriate congressional committees

a report that includes the following:

(A) The results of the study conducted under subsection

(a).

(B) A discussion of the specific assumptions, observa-

tions, conclusions, and recommendations of the study.

niques used for the study.

(D) A plan for fielding complementary aircraft and

capabilities identified as an optimal mix in the study under

subsection (a).

(E) A plan to meet objectives and fulfill the warfighting

capability and capacity requirements of the combatant com-

mands using the aircraft and capabilities described in sub-

section (a).

(2) F

ORM

.—The report under paragraph (1) may be sub-

mitted in classified form, but shall include an unclassified

executive summary.

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130 STAT. 2045 PUBLIC LAW 114–328—DEC. 23, 2016

(3) N

ONDUPLICATION OF EFFORT

.—If any information

required under paragraph (1) has been included in another

report or notification previously submitted to any of the appro-

priate congressional committees by law, the Secretary may

provide a list of such reports and notifications at the time

of submitting the report required under such paragraph instead

of including such information in such report.

(4) D

EFINITIONS

.—ln this subsection:

(A) The term ‘‘appropriate congressional committees’’

means the congressional defense committees, the Select

Committee on Intelligence of the Senate, and the Perma-

nent Select Committee on Intelligence of the House of

Representatives.

(B) The term ‘‘covered period’’ means the period begin-

ning on the date of the enactment of this Act and ending

on January 1, 2030.

TITLE II—RESEARCH, DEVELOPMENT,

TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Laboratory quality enhancement program.

Sec. 212. Modification of mechanisms to provide funds for defense laboratories for

research and development of technologies for military missions.

Sec. 213. Making permanent authority for defense research and development rapid

innovation program.

Sec. 214. Authorization for National Defense University and Defense Acquisition

University to enter into cooperative research and development agree-

ments.

Sec. 215. Manufacturing Engineering Education Grant Program.

Sec. 216. Notification requirement for certain rapid prototyping, experimentation,

and demonstration activities.

Sec. 217. Increased micro-purchase threshold for research programs and entities.

Sec. 218. Improved biosafety for handling of select agents and toxins.

Sec. 219. Designation of Department of Defense senior official with principal re-

sponsibility for directed energy weapons.

Sec. 220. Restructuring of the distributed common ground system of the Army.

Sec. 221. Limitation on availability of funds for the countering weapons of mass de-

struction system Constellation.

Sec. 222. Limitation on availability of funds for Defense Innovation Unit Experi-

mental.

Sec. 223. Limitation on availability of funds for Joint Surveillance Target Attack

Radar System (JSTARS) recapitalization program.

Sec. 224. Acquisition program baseline and annual reports on follow-on moderniza-

tion program for F–35 Joint Strike Fighter.

Subtitle C—Reports and Other Matters

Sec. 231. Strategy for assured access to trusted microelectronics.

Sec. 232. Pilot program on evaluation of commercial information technology.

Sec. 233. Pilot program for the enhancement of the research, development, test,

and evaluation centers of the Department of Defense.

Sec. 234. Pilot program on modernization and fielding of electromagnetic spectrum

warfare systems and electronic warfare capabilities.

Sec. 235. Pilot program on disclosure of certain sensitive information to federally

funded research and development centers.

Sec. 236. Pilot program on enhanced interaction between the Defense Advanced Re-

search Projects Agency and the service academies.

Sec. 237. Independent review of F/A–18 physiological episodes and corrective ac-

tions.

Sec. 238. B–21 bomber development program accountability matrices.

Sec. 239. Study on helicopter crash prevention and mitigation technology.

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130 STAT. 2046 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 240. Strategy for Improving Electronic and Electromagnetic Spectrum Warfare

Capabilities.

Sec. 241. Sense of Congress on development and fielding of fifth generation air-

borne systems.

Subtitle A—Authorization of

Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

2017 for the use of the Department of Defense for research, develop-

ment, test, and evaluation, as specified in the funding table in

section 4201.

Subtitle B—Program Requirements,

Restrictions, and Limitations

SEC. 211. LABORATORY QUALITY ENHANCEMENT PROGRAM.

(a) I

ENERAL

.—The Secretary of Defense, acting through

the Assistant Secretary of Defense for Research and Engineering,

shall carry out a program to be known as the ‘‘Laboratory Quality

Enhancement Program’’ under which the Secretary shall establish

the panels described in subsection (b) and direct such panels—

(1) to review and make recommendations to the Secretary

with respect to—

(A) existing policies and practices affecting the science

and technology reinvention laboratories to improve the mis-

sion effectiveness of such laboratories; and

(B) new initiatives proposed by the science and tech-

nology reinvention laboratories;

(2) to support implementation of current and future initia-

tives affecting the science and technology reinvention labora-

tories; and

(3) to conduct assessments or data analysis on such other

issues as the Secretary determines to be appropriate.

(b) P

ANELS

.—The panels described in this subsection are:

(1) A panel on personnel, workforce development, and talent

management.

(2) A panel on facilities, equipment, and infrastructure.

(3) A panel on research strategy, technology transfer, and

industry and university partnerships.

(4) A panel on governance and oversight processes.

OMPOSITION OF

ANELS

.—(1) Each panel described in para-

graphs (1) through (3) of subsection (b) may be composed of subject

matter and technical management experts from—

(A) laboratories and research centers of the Army, Navy,

and Air Force;

(B) appropriate Defense Agencies;

Research and Engineering; and

(D) such other entities as the Secretary determines to

be appropriate.

(2) The panel described in subsection (b)(4) shall be composed

of—

(A) the Director of the Army Research Laboratory;

10 USC 2358

note.

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130 STAT. 2047 PUBLIC LAW 114–328—DEC. 23, 2016

(B) the Director of the Air Force Research Laboratory;

(D) the Director of the Engineer Research and Development

Center of the Army Corps of Engineers; and

(E) such other members as the Secretary determines to

be appropriate.

(d) G

OVERNANCE OF

ANELS

.—(1) The chairperson of each panel

shall be selected by its members.

(2) Each panel, in coordination with the Assistant Secretary

of Defense for Research and Engineering, shall transmit to the

Science and Technology Executive Committee of the Department

of Defense such information or findings on topics requiring decision

or approval as the panel considers appropriate.

(e) D

ISCHARGE OF

ERTAIN

UTHORITIES TO

ONDUCT

SONNEL

EMONSTRATION

ROJECTS

.—Subparagraph (C) of section

342(b)(3) of the National Defense Authorization Act for Fiscal Year

1995 (Public Law 103–337; 108 Stat. 2721), as added by section

1114(a) of the Floyd D. Spence National Defense Authorization

Act for Fiscal Year 2001 (as enacted into law by Public Law 106–

398; 114 Stat. 1654A–315), is amended by inserting before the

period at the end the following: ‘‘through the Assistant Secretary

of Defense for Research and Engineering (who shall place an

emphasis in the exercise of such authorities on enhancing efficient

operations of the laboratory and who may, in exercising such

authorities, request administrative support from science and tech-

nology reinvention laboratories to review, research, and adjudicate

personnel demonstration project proposals)’’.

(f) S

CIENCE AND

ECHNOLOGY

EINVENTION

ABORATORY

EFINED

.—In this section, the term ‘‘science and technology reinven-

tion laboratory’’ means a science and technology reinvention labora-

tory designated under section 1105 of the National Defense

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10

U.S.C. 2358 note), as amended.

SEC. 212. MODIFICATION OF MECHANISMS TO PROVIDE FUNDS FOR

DEFENSE LABORATORIES FOR RESEARCH AND DEVELOP-

MENT OF TECHNOLOGIES FOR MILITARY MISSIONS.

(a) A

MOUNT

UTHORIZED

NDER

URRENT

ECHANISM

.—Para-

graph (1) of subsection (a) of section 219 of the Duncan Hunter

National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C.

2358 note) is amended in the matter before subparagraph (A) by

striking ‘‘not more than three percent’’ and inserting ‘‘not less

than two percent and not more than four percent’’.

(b) A

DDITIONAL

ECHANISM TO

ROVIDE

UNDS

.—Such sub-

section is further amended by adding at the end the following

new paragraph:

‘‘(3) F

.—After consultation with the science and tech-

nology executive of the military department concerned, the

director of a defense laboratory may charge customer activities

a fixed percentage fee, in addition to normal costs of perform-

ance, in order to obtain funds to carry out activities authorized

by this subsection. The fixed fee may not exceed four percent

of costs.’’.

ODIFICATION OF

OST

IMIT

OMPLIANCE FOR

NFRASTRUC

TURE

ROJECTS

.—Subsection (b)(4) of such section is amended by

adding at the end the following new subparagraph:

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130 STAT. 2048 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(C) Section 2802 of such title, with respect to construc-

tion projects that exceed the cost specified in subsection

(a)(2) of section 2805 of such title for certain unspecified

minor military construction projects for laboratories.’’.

(d) R

EPEAL OF

UNSET

.—Such section is amended by striking

subsection (d).

SEC. 213. MAKING PERMANENT AUTHORITY FOR DEFENSE RESEARCH

AND DEVELOPMENT RAPID INNOVATION PROGRAM.

Section 1073 of the Ike Skelton National Defense Authorization

Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2359

note) is amended—

(1) in subsection (d), by striking ‘‘for each of fiscal years

2011 through 2023 may be used for any such fiscal year’’

and inserting ‘‘for a fiscal year may be used for such fiscal

year’’; and

(2) by striking subsection (f).

SEC. 214. AUTHORIZATION FOR NATIONAL DEFENSE UNIVERSITY AND

DEFENSE ACQUISITION UNIVERSITY TO ENTER INTO

COOPERATIVE RESEARCH AND DEVELOPMENT AGREE-

MENTS.

(a) N

ATIONAL

EFENSE

NIVERSITY

.—Section 2165 of title 10,

United States Code, is amended by adding at the end the following

new subsection:

‘‘(f) C

OOPERATIVE

ESEARCH AND

EVELOPMENT

GREEMENTS

.—

(1) In engaging in research and development projects pursuant

to subsection (a) of section 2358 of this title by a contract, coopera-

tive agreement, or grant pursuant to subsection (b)(1) of such sec-

tion, the Secretary may enter into such contract or cooperative

agreement or award such grant through the National Defense

University.

‘‘(2) The National Defense University shall be considered a

Government-operated Federal laboratory for purposes of section

12 of the Stevenson-Wydler Technology Innovation Act of 1980

(15 U.S.C. 3710a).’’.

(b) D

EFENSE

CQUISITION

NIVERSITY

.—Section 1746 of title

10, United States Code, is amended by adding at the end the

following new subsection:

‘‘(d) C

OOPERATIVE

ESEARCH AND

EVELOPMENT

GREE

MENTS

.—(1) In engaging in research and development projects

pursuant to subsection (a) of section 2358 of this title by a contract,

cooperative agreement, or grant pursuant to subsection (b)(1) of

such section, the Secretary may enter into such contract or coopera-

tive agreement or award such grant through the Defense Acquisition

University.

‘‘(2) The Defense Acquisition University shall be considered

a Government-operated Federal laboratory for purposes of section

12 of the Stevenson-Wydler Technology Innovation Act of 1980

(15 U.S.C. 3710a).’’.

SEC. 215. MANUFACTURING ENGINEERING EDUCATION GRANT PRO-

GRAM.

Section 2196 of title 10, United States Code, is amended to

read as follows:

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130 STAT. 2049 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘§ 2196. Manufacturing engineering education program

‘‘(a) E

STABLISHMENT OF

ANUFACTURING

NGINEERING

CATION

ROGRAM

.—(1) The Secretary of Defense shall establish

a program under which the Secretary makes grants or other awards

to support—

‘‘(A) the enhancement of existing programs in manufac-

turing engineering education to further a mission of the depart-

ment; or

‘‘(B) the establishment of new programs in manufacturing

engineering education that meet such requirements.

‘‘(2) Grants and awards under this section may be made to

industry, not-for-profit institutions, institutions of higher education,

or to consortia of such institutions or industry.

‘‘(3) The Secretary shall establish the program in consultation

with the Secretary of Education, the Director of the National Science

Foundation, the Director of the Office of Science and Technology

Policy, and the secretaries of such other relevant Federal agencies

as the Secretary considers appropriate.

‘‘(4) The Secretary shall ensure that the program is coordinated

with Department programs associated with advanced manufac-

turing.

‘‘(5) The program shall be known as the ‘Manufacturing

Engineering Education Program’.

‘‘(b) G

EOGRAPHICAL

ISTRIBUTION OF

RANTS AND

WARDS

.—

In awarding grants and other awards under this subsection, the

Secretary shall, to the maximum extent practicable, avoid geo-

graphical concentration of awards.

‘‘(c) C

OVERED

ROGRAMS

.—A program of engineering education

supported pursuant to this section shall meet the requirements

of this section.

‘‘(d) C

OMPONENTS OF

ROGRAM

.—The program of education for

which such a grant is made shall be a consolidated and integrated

multidisciplinary program of education with an emphasis on the

following components:

‘‘(1) Multidisciplinary instruction that encompasses the

total manufacturing engineering enterprise and that may

include—

‘‘(A) manufacturing engineering education and training

through classroom activities, laboratory activities, thesis

projects, individual or team projects, internships, coopera-

tive work-study programs, and interactions with industrial

facilities, consortia, or such other activities and organiza-

tions in the United States and foreign countries as the

Secretary considers appropriate;

‘‘(B) faculty development programs;

‘‘(C) recruitment of educators highly qualified in manu-

facturing engineering to teach or develop manufacturing

engineering courses;

‘‘(D) presentation of seminars, workshops, and training

for the development of specific manufacturing engineering

skills;

‘‘(E) activities involving interaction between students

and industry, including programs for visiting scholars, per-

sonnel exchange, or industry executives;

‘‘(F) development of new, or updating and modification

of existing, manufacturing curriculum, course offerings, and

education programs;

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130 STAT. 2050 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(G) establishment of programs in manufacturing

workforce training;

‘‘(H) establishment of joint manufacturing engineering

programs with defense laboratories and depots; and

‘‘(I) expansion of manufacturing training and education

programs and outreach for members of the armed forces,

dependents and children of such members, veterans, and

employees of the Department of Defense.

‘‘(2) Opportunities for students to obtain work experience

in manufacturing through such activities as internships,

summer job placements, or cooperative work-study programs.

‘‘(3) Faculty and student engagement with industry that

is directly related to, and supportive of, the education of stu-

dents in manufacturing engineering because of—

‘‘(A) the increased understanding of manufacturing

engineering challenges and potential solutions; and

‘‘(B) the enhanced quality and effectiveness of the

instruction that result from that increased understanding.

‘‘(e) P

ROPOSALS

.—The Secretary of Defense shall solicit pro-

posals for grants and other awards to be made pursuant to this

section for the support of programs of manufacturing engineering

education that are consistent with the purposes of this section.

‘‘(f) M

ERIT

OMPETITION

.—Applications for awards shall be

evaluated on the basis of merit pursuant to competitive procedures

prescribed by the Secretary.

‘‘(g) S

ELECTION

RITERIA

.—The Secretary may select a proposal

for an award pursuant to this section if the proposal, at a minimum,

does each of the following:

‘‘(1) Contains innovative approaches for improving

engineering education in manufacturing technology.

‘‘(2) Demonstrates a strong commitment by the proponents

to apply the resources necessary to achieve the objectives for

which the award is to be made.

‘‘(3) Provides for effective engagement with industry or

government organizations that supports the instruction to be

provided in the proposed program and is likely to improve

manufacturing engineering and technology.

‘‘(4) Demonstrates a significant level of involvement of

United States industry in the proposed instructional and

research activities.

‘‘(5) Is likely to attract superior students and promote

careers in manufacturing engineering.

‘‘(6) Proposes to involve fully qualified personnel who are

experienced in manufacturing engineering education and tech-

nology.

‘‘(7) Proposes a program that, within three years after

the award is made, is likely to attract from sources other

than the Federal Government the financial and other support

necessary to sustain such program.

‘‘(8) Proposes to achieve a significant level of participation

by women, members of minority groups, and individuals with

disabilities through active recruitment of students from among

such persons.

‘‘(9) Trains students in advanced manufacturing and in

relevant emerging technologies and production processes.

‘‘(h) I

NSTITUTION OF

IGHER

DUCATION

EFINED

.—In this sec-

tion, the term ‘institution of higher education’ has the meaning

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130 STAT. 2051 PUBLIC LAW 114–328—DEC. 23, 2016

given such term in section 101(a) of the Higher Education Act

of 1965 (20 U.S.C. 1001(a)).’’.

SEC. 216. NOTIFICATION REQUIREMENT FOR CERTAIN RAPID PROTO-

TYPING, EXPERIMENTATION, AND DEMONSTRATION

ACTIVITIES.

(a) N

OTICE

EQUIRED

.—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) E

LEMENTS OF

OTICE

.—The notice described in this sub-

section is a written notice of the intention of the Secretary to

initiate a covered activity. Each such notice shall include the fol-

lowing:

(1) A description of the activity.

(2) Estimated costs and funding sources for the activity,

including a description of any cost-sharing or in-kind support

arrangements with other participants.

(3) A description of any transition agreement, including

the identity of any partner organization that may receive the

results of the covered activity under such an agreement.

(4) Identification of major milestones and the anticipated

date of completion of the activity.

OVERED

CTIVITY

.—In this section, the term ‘‘covered

activity’’ means a rapid prototyping, experimentation, or demonstra-

tion activity carried out under program element 0603382N.

(d) S

UNSET

.—The requirements of this section shall terminate

five years after the date of the enactment of this Act.

SEC. 217. INCREASED MICRO-PURCHASE THRESHOLD FOR RESEARCH

PROGRAMS AND ENTITIES.

(a) I

NCREASED

ICRO

PURCHASE

HRESHOLD FOR

ASIC

ESEARCH

ROGRAMS AND

CTIVITIES OF THE

EPARTMENT OF

EFENSE

CIENCE AND

ECHNOLOGY

EINVENTION

ABORATORIES

.—

(1) I

N GENERAL

.—Chapter 137 of title 10, United States

Code, as amended by section 821(a), is further amended by

adding at the end the following new section:

‘‘§ 2339. Micro-purchase threshold for basic research pro-

grams and activities of the Department of Defense

science and technology reinvention laboratories

‘‘Notwithstanding subsection (a) of section 1902 of title 41,

the micro-purchase threshold for the Department of Defense for

purposes of such section is $10,000 for purposes of basic research

programs and for the activities of the Department of Defense science

and technology reinvention laboratories.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of such chapter, as amended by section 821b, is

further amended by adding at the end the following new item:

‘‘2339. Micro-purchase threshold for basic research programs and activities of the

Department of Defense science and technology reinvention labora-

tories.’’.

(b) I

NCREASED

ICRO

PURCHASE

HRESHOLD FOR

NIVERSITIES

NDEPENDENT

ESEARCH

NSTITUTES

AND

ONPROFIT

ESEARCH

RGANIZATIONS

.—Section 1902 of title 41, United States Code, is

amended—

10 USC 2301

prec.

10 USC 2339.

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130 STAT. 2052 PUBLIC LAW 114–328—DEC. 23, 2016

(1) in subsection (a)—

(A) by striking ‘‘For purposes’’ and inserting ‘‘(1) Except

as provided in sections 2338 and 2339 of title 10 and

paragraph (2) of this subsection, for purposes’’; and

(B) by adding at the end the following new paragraph:

‘‘(2) For purposes of this section, the micro-purchase threshold

for procurement activities administered under sections 6303

through 6305 of title 31 by institutions of higher education (as

defined in section 101(a) of the Higher Education Act of 1965

(20 U.S.C. 1001(a)), or related or affiliated nonprofit entities, or

by nonprofit research organizations or independent research

institutes is—

‘‘(A) $10,000; or

‘‘(B) such higher threshold as determined appropriate by

the head of the relevant executive agency and consistent with

clean audit findings under chapter 75 of title 31, internal

institutional risk assessment, or State law.’’; and

(2) in subsections (d) and (e), by striking ‘‘not greater

than $3,000’’ and inserting ‘‘with a price not greater than

the micro-purchase threshold’’.

SEC. 218. IMPROVED BIOSAFETY FOR HANDLING OF SELECT AGENTS

AND TOXINS.

(a) Q

UALITY

ONTROL AND

UALITY

SSURANCE

ROGRAM

.—

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) Q

UALITY

ONTROL AND

UALITY

SSURANCE

EASURES

.—

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.

AIVER

.—In carrying out the program under subsection

(a), the Secretary may waive any of the quality control and quality

assurance measures required under subsection (b) in the interest

of national defense.

50 USC 1527

note.

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130 STAT. 2053 PUBLIC LAW 114–328—DEC. 23, 2016

(d) S

TUDY AND

EPORT

EQUIRED

.—

(1) S

TUDY

.—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

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) R

EPORT

.—Not later than February 1, 2017, the Sec-

retary shall submit to the congressional defense committees

a report on the results of the study under paragraph (1).

(e) C

OMPTROLLER

ENERAL

EVIEW

.—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) D

EFINITIONS

.—In this section:

(1) The term ‘‘biological select agent and toxin’’ means

any agent or toxin identified under—

(A) section 331.3 of title 7, Code of Federal Regulations;

(B) section 121.3 or section 121.4 of title 9, Code of

Federal Regulations; or

Federal Regulations.

(2) The term ‘‘covered facility’’ means any facility of the

Department of Defense that produces biological select agents

and toxins.

SEC. 219. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFI-

CIAL WITH PRINCIPAL RESPONSIBILITY FOR DIRECTED

ENERGY WEAPONS.

(a) D

ESIGNATION OF

ENIOR

FFICIAL

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall

designate a senior official already serving within the Depart-

ment of Defense as the official with principal responsibility

for the development and demonstration of directed energy

weapons for the Department.

10 USC 2431

note.

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130 STAT. 2054 PUBLIC LAW 114–328—DEC. 23, 2016

(2) D

EVELOPMENT OF STRATEGIC PLAN

.—

(A) I

N GENERAL

.—The senior official designated under

paragraph (1) shall develop a detailed strategic plan to

develop, mature, and transition directed energy tech-

nologies to acquisition programs of record.

(B) R

OADMAP

.—Such strategic plan shall include a stra-

tegic roadmap for the development and fielding of directed

energy weapons and key enabling capabilities for the

Department, identifying and coordinating efforts across

military departments to achieve overall joint mission

effectiveness.

(3) A

CCELERATION OF DEVELOPMENT AND FIELDING OF

DIRECTED ENERGY WEAPONS CAPABILITIES

.—

(A) I

N GENERAL

.—To the degree practicable, the senior

official designated under paragraph (1) shall use the flexi-

bility of the policies of the Department in effect on the

day before the date of the enactment of this Act, or any

successor policies, to accelerate the development and

fielding of directed energy capabilities.

(B) E

NGAGEMENT

.—The Secretary shall use the flexi-

bility of the policies of the Department in effect on the

day before the date of the enactment of this Act, or any

successor policies, to ensure engagement with defense and

private industries, research universities, and unaffiliated,

nonprofit research institutions.

(4) A

DVICE FOR EXERCISES AND DEMONSTRATIONS

.—The

senior official designated under paragraph (1) shall, to the

degree practicable, provide technical advice and support to enti-

ties in the Department of Defense and the military departments

conducting exercises or demonstrations with the purpose of

improving the capabilities of or operational viability of technical

capabilities supporting directed energy weapons, including sup-

porting military utility assessments of the relevant cost and

benefits of directed energy weapon systems.

(5) S

UPPORT FOR DEVELOPMENT OF REQUIREMENTS

.—The

senior official designated under paragraph (1) shall coordinate

with the military departments, Defense Agencies, and the Joint

Directed Energy Transition Office to define requirements for

directed energy capabilities that address the highest priority

warfighting capability gaps of the Department.

(6) A

VAILABILITY OF INFORMATION

.—The Secretary of

Defense shall ensure that the senior official designated under

paragraph (1) has access to such information on programs

and activities of the military departments and other defense

agencies as the Secretary considers appropriate to coordinate

departmental directed energy efforts.

(b) J

OINT

IRECTED

NERGY

RANSITION

FFICE

.—

(1) R

EDESIGNATION

.—The High Energy Laser Joint Tech-

nology Office of the Department of Defense is hereby redesig-

nated as the ‘‘Joint Directed Energy Transition Office’’ (in this

subsection referred to as the ‘‘Office’’), and shall report to

the official designated under subsection (a)(1).

(2) A

DDITIONAL FUNCTIONS

.—In addition to the functions

and duties of the Office in effect on the day before the date

of the enactment of this Act, the Office shall assist the senior

official designated under paragraph (1) of subsection (a) in

carrying out paragraphs (2) through (5) of such subsection.

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130 STAT. 2055 PUBLIC LAW 114–328—DEC. 23, 2016

(3) F

UNDING

.—The Secretary may make available such

funds to the Office for basic research, applied research,

advanced technology development, prototyping, studies and

analyses, and organizational support as the Secretary considers

appropriate to support the efficient and effective development

of directed energy systems and technologies and transition of

those systems and technologies into acquisition programs or

operational use.

SEC. 220. RESTRUCTURING OF THE DISTRIBUTED COMMON GROUND

SYSTEM OF THE ARMY.

(a) I

ENERAL

.—Not later that April 1, 2017, the Secretary

of the Army shall restructure versions of the distributed common

ground system of the Army after Increment 1—

(1) by discontinuing development of new software code,

excluding the configuration and testing of system interfaces

to commercial, open source, and existing Government off the

shelf (GOTS) software, of any component of the system for

which there is commercial, open source, or Government off

the shelf software that is capable of fulfilling at least 80 percent

of the system requirements applicable to such component; and

(2) by conducting a review of the acquisition strategy of

the program to ensure that procurement of commercial software

is the preferred method of meeting program requirements for

major system components.

(b) L

IMITATION

.—The Secretary of the Army shall not award

any contract for the development of new component software capa-

bility for the distributed common ground system of the Army if

such a capability is already a commercial item or open source,

except for configuration of capabilities that are incidental to and

necessary for the proper functioning of the system.

EPORT

EQUIRED

.—

(1) R

EQUIREMENT

.—Not later than March 1, 2018, the

Under Secretary of Defense for Acquisition, Technology and

Logistics, in consultation with the Director, Operational Test

and Evaluation, shall submit to the congressional defense

committees a report on the Increment 2 of the distributed

common ground system of the Army.

(2) E

LEMENTS OF REPORT

.—The report required by para-

graph (1) shall include, at a minimum, the following:

(A) The overall assessment of the system and each

individual major component of the system.

(B) The status of alignment with the Intelligence

Community Information Technology Enterprise (IC-ITE).

Increment 1 for operators in deployed environments.

(D) The extent to which a common, synchronized view

of all system data is globally available to all system users,

at all times.

(E) The level of maturity of the technologies underlying

core system components and application programming

interfaces.

(F) The extent to which program operators can move

data seamlessly between different components of the

system.

10 USC 3013

note.

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130 STAT. 2056 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR THE COUN-

TERING WEAPONS OF MASS DESTRUCTION SYSTEM CON-

STELLATION.

(a) L

IMITATION

.—Not more than 50 percent of the funds author-

ized to be appropriated by this Act or otherwise made available

for fiscal year 2017 for the countering weapons of mass destruction

situational awareness information system commonly known as

‘‘Constellation’’ may be obligated or expended for research, develop-

ment, or prototyping for such system until the report required

by subsection (b)(4) has been delivered to the congressional defense

committees.

(b) I

NDEPENDENT

EVIEW AND

SSESSMENT

.—

(1) I

N GENERAL

.—The Secretary of Defense shall provide

for an independent review and assessment of the requirements

and implementation for research, development, and prototyping

for the Constellation system prior to a Milestone A decision

or other operational use.

(2) E

LEMENTS OF INDEPENDENT REVIEW

.—The independent

review provided for under paragraph (1) shall include the fol-

lowing:

(A) A review of the major software components of the

system and an explanation of the requirements of the

Department of Defense with respect to each such compo-

nent.

(B) A review of the requirements validated in the

Information System Initial Capabilities Document (ISICD)

and capability gaps identified for duplication and redun-

dancy with other validated information technology require-

ments and capability gaps.

system that cannot be implemented using the existing tech-

nical infrastructure and tools of the Department of Defense

or the infrastructure and tools in development.

(D) An overview of a security plan to achieve an accred-

ited cross-domain solution system, including security mile-

stones and proposed security architecture to mitigate both

insider and outsider threats.

(E) Identification of the planned categories of end-

users of the system, linked to organizations, mission

requirements, and concept of operations, the expected total

number of end-users, and the associated permissions

granted to such users.

(3) E

NTITY CONDUCTING INDEPENDENT REVIEW AND ASSESS

MENT

.—The Secretary shall ensure that—

(A) the independent review and assessment provided

for under paragraph (1) is conducted by a federally funded

research and development center selected (or entered into

an arrangement with) by the Secretary or such other entity

as the Secretary considers appropriate; and

(B) such center or entity provides periodic updates

to the congressional defense committees on such inde-

pendent review and assessment prior to the completion

of the independent review and assessment.

(4) R

EPORT ON INDEPENDENT REVIEW AND ASSESSMENT

.—

The Secretary shall submit to the congressional defense commit-

tees a report containing—

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130 STAT. 2057 PUBLIC LAW 114–328—DEC. 23, 2016

(A) the findings of the center or entity selected (or

entered into an arrangement with) under paragraph (3)(A)

with respect to the independent review and assessment

conducted by such center or entity pursuant to such para-

graph; and

(B) an assessment of the need to continue Constellation

research, development, and prototyping.

SEC. 222. LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSE

INNOVATION UNIT EXPERIMENTAL.

(a) L

IMITATION

.—

(1) O

PERATION AND MAINTENANCE

.—Of the funds specified

in subsection (c)(1), not more than 75 percent may be obligated

or expended until the date on which the Secretary of Defense

submits to the congressional defense committees the report

under subsection (b).

(2) R

ESEARCH

DEVELOPMENT

TEST

AND EVALUATION

.—Of

the funds specified in subsection (c)(2), not more than 25 per-

cent may be obligated or expended until the date on which

the Secretary submits to the congressional defense committees

the report under subsection (b).

(b) R

EPORT

EQUIRED

.—The Secretary of Defense shall submit

to the congressional defense committees a report on the Defense

Innovation Unit Experimental. Such report shall include the fol-

lowing:

(1) The charter and mission statement of the Unit.

(2) A description of—

(A) the management and operations of the Unit,

including—

(i) the governance structure of the Unit;

(ii) the process for coordinating and deconflicting

the activities of the Unit with similar activities of

the Small Business Innovation Research Program, mili-

tary departments, Defense Agencies, and other depart-

ments and agencies of the Federal Government,

including activities carried out by In-Q-Tel, the Defense

Advanced Research Projects Agency, and Department

of Defense laboratories;

(iii) the direct staffing requirements of the Unit,

including a description of the desired skills and exper-

tise of such staff at each location;

(iv) the number of civilian and military personnel

provided by the military departments and Defense

Agencies to support the Unit; and

(v) any planned expansion to new sites, the metrics

used to identify such sites, and an explanation of how

such expansion will provide access to innovations of

nontraditional defense contractors (as such term is

defined in section 2302 of title 10, United States Code)

that are not otherwise accessible; and

(B) policies and practices that will enable the Unit

to best support Department of Defense missions,

including—

(i) the metrics used to measure the effectiveness

of the Unit;

(ii) how compliance with Department of Defense

or Federal Government requirements could affect the

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130 STAT. 2058 PUBLIC LAW 114–328—DEC. 23, 2016

ability of nontraditional defense contractors (as such

term is defined in section 2302 of title 10, United

States Code) to market products and obtain funding;

(iii) how to treat intellectual property that has

been developed with little or no government funding;

(iv) detailed justification for the expansion of the

mission of the Unit, including authority to use research

and development agreements, contracts, and merit-

based prize competitions to explore emerging tech-

nologies and additional physical locations;

(v) a description of how existing Department of

Defense agencies, services, entities, and other elements

are authorized to better use streamlined acquisition

procedures, research and development agreements,

contracts, and merit-based prize competitions to

explore emerging technologies, including modification

of guidance and procedures to permit effective and

streamlined implementation of authorities provided by

Congress for rapid execution;

(vi) an account of the successes and failures of

contracts already awarded by the unit;

(vii) recommendations on practices, policies, and

authorities that will permit increased public-private

partnership in financing and funding of research and

technology development efforts; and

(viii) a description of technology transition strate-

gies to ensure that research and technology programs

funded by the Unit will be effectively and efficiently

transitioned into operational use or acquisition pro-

grams, including a description of the role of Defense

laboratories in such technology transition efforts.

(3) Any other information the Secretary determines to be

appropriate.

UNDS

PECIFIED

.—The funds specified in this subsection

are as follows:

(1) Funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2017 for operation

and maintenance, Defense-wide, for the Defense Innovation

Unit Experimental.

(2) Funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2017 for research,

development, test, and evaluation, Defense-wide, for the

Defense Innovation Unit Experimental.

SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR JOINT

SURVEILLANCE TARGET ATTACK RADAR SYSTEM (JSTARS)

RECAPITALIZATION PROGRAM.

(a) I

ENERAL

.—Except as provided in subsection (b), none

of the funds authorized to be appropriated by this Act or otherwise

made available for fiscal year 2017 or any other fiscal year for

the Air Force may be made available for the Air Force’s Joint

Surveillance Target Attack Radar System (JSTARS) recapitalization

program unless the contract for engineering and manufacturing

development uses a firm fixed-price contract structure.

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130 STAT. 2059 PUBLIC LAW 114–328—DEC. 23, 2016

(b) N

ATIONAL

ECURITY

AIVER

UTHORITY

.—The Secretary

of Defense may waive the limitation in subsection (a) if the Sec-

retary determines that such a waiver is in the national security

interests of the United States.

SEC. 224. ACQUISITION PROGRAM BASELINE AND ANNUAL REPORTS

ON FOLLOW-ON MODERNIZATION PROGRAM FOR F–35

JOINT STRIKE FIGHTER.

(a) L

IMITATION

.—The Secretary of Defense may not award any

follow-on modernization development contracts for the F–35 Joint

Strike Fighter until the Secretary has submitted the report required

by subsection (b)(1) in accordance with such subsection.

(b) A

CQUISITION

ROGRAM

ASELINE

.—

(1) I

N GENERAL

.—Not later than March 31, 2017, the Sec-

retary of Defense shall submit to the congressional defense

committees a report that contains the basic elements of an

acquisition program baseline for Block 4 Modernization.

(2) E

LEMENTS

.—The report required by paragraph (1) shall

include the following:

(A) Cost estimates for development, production, and

modification.

(B) Projected key schedule dates, including dates for

the completion of—

(i) a capabilities development document;

(ii) an independent cost estimate;

(iii) an initial preliminary design review;

(iv) a development contract award; and

(v) a critical design review.

(D) Technology readiness levels.

(E) Annual funding profiles for development and

procurement.

EVIEW BY

OMPTROLLER

ENERAL OF THE

NITED

TATES

.—Not later than 60 days after the date on which the report

required by subsection (b)(1) is submitted to the congressional

defense committees in accordance with such subsection, the Comp-

troller General of the United States shall—

(1) review such report; and

(2) brief the congressional defense committees on the

findings of the Comptroller General with respect to such review.

(d) A

NNUAL

EPORTS BY

ECRETARY OF

EFENSE

.—Not later

than one year after the date on which the Secretary awards a

development contract for follow-on modernization of the F–35 Joint

Strike Fighter and not less frequently than once each year there-

after until March 31, 2023, the Secretary shall submit to the

congressional defense committees a report on the cost, schedule,

and performance progress against the baseline set forth in the

report submitted pursuant to subsection (b)(1).

Subtitle C—Reports and Other Matters

SEC. 231. STRATEGY FOR ASSURED ACCESS TO TRUSTED MICROELEC-

TRONICS.

(a) S

TRATEGY

.—The Secretary of Defense shall develop a

strategy to ensure that the Department of Defense has assured

10 USC 2302

note.

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130 STAT. 2060 PUBLIC LAW 114–328—DEC. 23, 2016

access to trusted microelectronics by not later than September

30, 2019.

(b) E

LEMENTS

.—The strategy under subsection (a) shall include

the following:

(1) Definitions of the various levels of trust required by

classes of Department of Defense systems.

(2) Means of classifying systems of the Department of

Defense based on the level of trust such systems are required

to maintain with respect to microelectronics.

(3) Means by which trust in microelectronics can be

assured.

(4) Means to increase the supplier base for assured micro-

electronics to ensure multiple supply pathways.

(5) An assessment of the microelectronics needs of the

Department of Defense in future years, including the need

for trusted, radiation-hardened microelectronics.

(6) An assessment of the microelectronic needs of the

Department of Defense that may not be fulfilled by entities

outside the Department of Defense.

(7) The resources required to assure access to trusted micro-

electronics, including infrastructure, workforce, and invest-

ments in science and technology.

(8) A research and development strategy to ensure that

the Department of Defense can, to the maximum extent prac-

ticable, use state of the art commercial microelectronics

capabilities or their equivalent, while satisfying the needs for

trust.

(9) Recommendations for changes in authorities, regula-

tions, and practices, including acquisition policies, financial

management, public-private partnership policies, or in any

other relevant areas, that would support the achievement of

the goals of the strategy.

UBMISSION AND

PDATES

.—(1) Not later than one year

after the date of the enactment of this Act, the Secretary shall

submit to the congressional defense committees the strategy devel-

oped under subsection (a). The strategy shall be submitted in

unclassified form, but may include a classified annex.

(2) Not later than two years after submitting the strategy

under paragraph (1) and not less frequently than once every two

years thereafter until September 30, 2024, the Secretary shall

update the strategy as the Secretary considers appropriate to sup-

port Department of Defense missions.

(d) D

IRECTIVE

EQUIRED

.—Not later than September 30, 2019,

the Secretary of Defense shall issue a directive for the Department

of Defense describing how Department of Defense entities may

access assured and trusted microelectronics supply chains for

Department of Defense systems.

(e) R

EPORT AND

ERTIFICATION

.—Not later than September 30,

2020, the Secretary of the Defense shall submit to the congressional

defense committees—

(1) a report on—

(A) the status of the implementation of the strategy

developed under subsection (a);

(B) the actions being taken to achieve full implementa-

tion of such strategy, and a timeline for such implementa-

tion; and

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130 STAT. 2061 PUBLIC LAW 114–328—DEC. 23, 2016

required by subsection (d); and

(2) a certification of whether the Department of Defense

has an assured means for accessing a sufficient supply of

trusted microelectronics, as required by the strategy developed

under subsection (a).

(f) D

EFINITIONS

.—In this section:

(1) The term ‘‘assured’’ refers, with respect to microelec-

tronics, to the ability of the Department of Defense to guarantee

availability of microelectronics parts at the necessary volumes

and with the performance characteristics required to meet the

needs of the Department of Defense.

(2) The terms ‘‘trust’’ and ‘‘trusted’’ refer, with respect

to microelectronics, to the ability of the Department of Defense

to have confidence that the microelectronics function as

intended and are free of exploitable vulnerabilities, either inten-

tionally or unintentionally designed or inserted as part of the

system at any time during its life cycle.

SEC. 232. PILOT PROGRAM ON EVALUATION OF COMMERCIAL

INFORMATION TECHNOLOGY.

(a) P

ILOT

ROGRAM

.—The Director of the Defense Information

Systems Agency may carry out a pilot program to evaluate commer-

cially available information technology tools to better understand

the potential impact of such tools on networks and computing

environments of the Department of Defense.

(b) A

CTIVITIES

.—Activities under the pilot program may include

the following:

(1) Prototyping, experimentation, operational demonstra-

tion, military user assessments, and other means of obtaining

quantitative and qualitative feedback on the commercial

information technology products.

(2) Engagement with the commercial information tech-

nology industry to—

(A) forecast military requirements and technology

needs; and

(B) support the development of market strategies and

program requirements before finalizing acquisition

decisions and strategies.

(3) Assessment of novel or innovative commercial tech-

nology for use by the Department of Defense.

(4) Assessment of novel or innovative contracting mecha-

nisms to speed delivery of capabilities to the Armed Forces.

(5) Solicitation of operational user input to shape future

information technology requirements of the Department of

Defense.

IMITATION ON

VAILABILITY OF

UNDS

.—Of the amounts

authorized to be appropriated for research, development, test, and

evaluation, Defense-wide, for each of fiscal years 2017 through

2022, not more than $15,000,000 may be expended on the pilot

program in any such fiscal year.

SEC. 233. PILOT PROGRAM FOR THE ENHANCEMENT OF THE

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION CEN-

TERS OF THE DEPARTMENT OF DEFENSE.

(a) P

ILOT

ROGRAM

EQUIRED

.—

(1) I

N GENERAL

.—The Secretary of Defense and the secre-

taries of the military departments shall jointly carry out a

10 USC 2358

note.

10 USC 2223

note.

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130 STAT. 2062 PUBLIC LAW 114–328—DEC. 23, 2016

pilot program to demonstrate methods for the more effective

development of technology and management of functions at

eligible centers.

(2) E

LIGIBLE CENTERS

.—For purposes of the pilot program,

the eligible centers are—

(A) the science and technology reinvention laboratories,

as specified in section 1105(a) of the National Defense

Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358

note);

(B) the test and evaluation centers which are activities

specified as part of the Major Range and Test Facility

Base in Department of Defense Directive 3200.11; and

(b) S

ELECTION

.—

(1) I

N GENERAL

.—The secretaries described in subsection

(a) shall ensure that participation in the pilot program

includes—

(A) the Defense Advanced Research Projects Agency;

and

(B) in accordance with paragraph (2)—

(i) five additional eligible centers described in

subparagraph (A) of subsection (a)(2) from each of the

military departments; and

(ii) five additional eligible centers described in

subparagraph (B) of such subsection from each of the

military departments.

(2) S

ELECTION PROCEDURES

.—(A) The head of an eligible

center described in subparagraph (A) or (B) of subsection (a)(2)

seeking to participate in the pilot program shall submit to

the appropriate reviewer an application therefor at such time,

in such manner, and containing such information as the appro-

priate reviewer shall specify.

(B) Not later than 120 days after the date of the enactment

of this Act, each appropriate reviewer shall—

(i) evaluate each application received under subpara-

graph (A); and

(ii) approve or disapprove of the application.

under subparagraph (A) in accordance with the requirements

specified by the appropriate reviewer for purposes of such

subparagraph and the appropriate reviewer neither approves

nor disapproves such application pursuant to subparagraph

(B)(ii) on or before the date that is 120 days after the date

of the enactment of this Act, such eligible center shall be

considered a participant in the pilot program.

(D) For purposes of this paragraph, the appropriate

reviewer is—

(i) in the case of an eligible center described in subpara-

graph (A) of subsection (a)(2), the Laboratory Quality

Enhancement Program; and

(ii) in the case of an eligible center described in

subparagraph (B) of such subsection, the Director of the

Test Resource Management Center.

ARTICIPATION IN

ROGRAM

.—

(1) I

N GENERAL

.—Subject to paragraph (2), the head of

each eligible center selected under subsection (b)(1) shall pro-

pose and implement alternative and innovative methods of

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130 STAT. 2063 PUBLIC LAW 114–328—DEC. 23, 2016

effective management and operations of eligible centers, rapid

project delivery, support, experimentation, prototyping, and

partnership with universities and private sector entities to—

(A) generate greater value and efficiencies in research

and development activities;

(B) enable more efficient and effective operations of

supporting activities, such as—

(i) facility management, construction, and repair;

(ii) business operations;

(iii) personnel management policies and practices;

and

(iv) intramural and public outreach; and

capabilities.

(2) I

MPLEMENTATION

.—(A) The head of an eligible center

described in subparagraph (A) or (B) of subsection (a)(2) shall

implement each method proposed under paragraph (1) unless

such method is disapproved in writing by the Assistant Sec-

retary concerned within 60 days of receiving a proposal from

an eligible center selected under subsection (b)(1) by such

Assistant Secretary.

(B) The Director of the Defense Advanced Research Projects

Agency shall implement each method proposed under para-

graph (1) unless such method is disapproved in writing by

the Chief Management Officer within 60 days of receiving a

proposal from the Director.

cerned’’ means—

(i) the Assistant Secretary of the Air Force for Acquisi-

tion, with respect to matters concerning the Air Force;

(ii) the Assistant Secretary of the Army for Acquisition,

Technology, and Logistics, with respect to matters con-

cerning the Army; and

(iii) the Assistant Secretary of the Navy for Research,

Development, and Acquisition, with respect to matters con-

cerning the Navy.

(d) W

AIVER

UTHORITY FOR

EMONSTRATION AND

MPLEMENTA

TION

.—Until the termination of the pilot program under subsection

(e), the head of an eligible center selected under subsection (b)(1)

may waive any regulation, restriction, requirement, guidance,

policy, procedure, or departmental instruction that would affect

the implementation of a method proposed under subsection (c)(1),

unless such implementation would be prohibited by a provision

of a Federal statute or common law.

(e) T

ERMINATION

.—The pilot program shall terminate on Sep-

tember 30, 2022.

(f) R

EPORT

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, the Secretary of Defense shall

submit to the congressional defense committees a report on

the pilot program.

(2) C

ONTENTS

.—The report required by paragraph (1) shall

include the following:

(A) Identification of the eligible centers participating

in the pilot program.

(B) Identification of the eligible centers whose applica-

tions to participate in the pilot program were disapproved

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130 STAT. 2064 PUBLIC LAW 114–328—DEC. 23, 2016

under subsection (b), including justifications for such dis-

approvals.

to subsection (c).

(D) A description of the methods that were proposed

pursuant to paragraph (1) of subsection (c) but disapproved

under paragraph (2) of such subsection.

(E) An assessment of how methods implemented pursu-

ant to subsection (c) have contributed to the objectives

identified in subparagraphs (A), (B), and (C) of paragraph

(1) of such subsection.

SEC. 234. PILOT PROGRAM ON MODERNIZATION AND FIELDING OF

ELECTROMAGNETIC SPECTRUM WARFARE SYSTEMS AND

ELECTRONIC WARFARE CAPABILITIES.

(a) P

ILOT

ROGRAM

.—

(1) I

N GENERAL

.—The Secretary of Defense may carry out

a pilot program on the modernization and fielding of electro-

magnetic spectrum warfare systems and electronic warfare sys-

tems.

(2) S

ELECTION

.—If the Secretary carries out the pilot pro-

gram under paragraph (1), the Electronic Warfare Executive

Committee shall select from the list described in section

240(b)(4) a total of 10 electromagnetic spectrum warfare sys-

tems and electronic warfare systems across at least two military

departments for modernization and fielding under the pilot

program.

(b) T

ERMINATION

.—The pilot program authorized by subsection

(a) shall terminate on September 30, 2023.

UNDING

.—For the purposes of this pilot program, funds

authorized to be appropriated for electromagnetic spectrum warfare

and electronic warfare may be used for the development and fielding

of electromagnetic spectrum warfare systems and electronic warfare

capabilities.

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘electromagnetic spectrum warfare’’ means

electronic warfare that encompasses military communications

and sensing operations that occur in the electromagnetic oper-

ational domain.

(2) The term ‘‘electronic warfare’’ means military action

involving the use of electromagnetic and directed energy to

control the electromagnetic spectrum or to attack the enemy.

SEC. 235. PILOT PROGRAM ON DISCLOSURE OF CERTAIN SENSITIVE

INFORMATION TO FEDERALLY FUNDED RESEARCH AND

DEVELOPMENT CENTERS.

(a) I

ENERAL

.—The Secretary of Defense shall carry out

a pilot program on—

(1) permitting officers and employees of the Department

of Defense to disclose sensitive information to federally funded

research and development centers of the Department for the

sole purpose of the performance of administrative, technical,

or professional services under and within the scope of the

contracts with the parent organizations of such federally funded

research and development centers; and

(2) appropriately protecting proprietary information from

unauthorized disclosure or use by such centers.

10 USC 2367

note.

10 USC 113 note.

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130 STAT. 2065 PUBLIC LAW 114–328—DEC. 23, 2016

(b) FFRDC

.—The pilot program shall be carried out with

one or more federally funded research and development centers

of the Department selected by the Secretary for participation in

the pilot program.

ERSONNEL

.—Sensitive information may be dis-

closed to personnel of a federally funded research and development

center under the pilot program only if such personnel and contrac-

tors agree to be subject to, and comply with, appropriate ethics

standards and requirements applicable to Government personnel,

including the Ethics in Government Act of 1978, section 1905 of

title 18, United States Code, and chapter 21 of title 41, United

States Code.

(d) C

ONDITIONS ON

ISCLOSURE

.—Sensitive information may

be disclosed under the pilot program only if the federally funded

research and development center concerned and its parent organiza-

tion agree to and acknowledge in the parent organization’s contract

with the Department of Defense that—

(1) sensitive information furnished to the federally funded

research and development center will be accessed and used

only for the purposes stated in the contract between the parent

organization of the federally funded research and development

center and the Department of Defense;

(2) the federally funded research and development center

will take all precautions necessary to prevent disclosure of

the sensitive information furnished to anyone not authorized

access to the information in order to perform the applicable

contract;

(3) sensitive information furnished under the pilot program

shall not be used by the federally funded research and develop-

ment center or parent organization to compete against a third

party for a Government or non-Government contract or funding,

or to support other current or future research or technology

development activities performed by the federally funded

research and development center; and

(4) any personnel of a federally funded research and

development center participating in the pilot program may

not disclose or use any trade secrets or any nonpublic informa-

tion accessed under the pilot program, unless specifically

authorized by this section.

(e) D

URATION

.—(1) The pilot program may commence at any

time after the review and issuance of policy guidance, updated

appropriately, pertaining to the identification, mitigation, and

prevention of potentially unfair competitive advantage conferred

to federally funded research and development center personnel with

access to sensitive information who serve as technical advisors

to acquisition programs.

(2) The pilot program shall terminate on the date that is

three years after the date of the commencement of the pilot pro-

gram.

(f) A

SSESSMENT

.—Not later than two years after the commence-

ment of the pilot program, the Comptroller General of the United

States shall submit to the Committees on Armed Services of the

Senate and the House of Representatives a report on the pilot

program, including an assessment of the effectiveness of activities

under the pilot program in improving acquisition processes and

the effectiveness of protections of private-sector intellectual property

in the course of such activities.

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130 STAT. 2066 PUBLIC LAW 114–328—DEC. 23, 2016

(g) S

ENSITIVE

NFORMATION

EFINED

.—In this section, the term

‘‘sensitive information’’ means confidential commercial, financial,

or proprietary information, technical data, contract performance,

contract performance evaluation, management, and administration

data, or other privileged information owned by other contractors

of the Department of Defense that is exempt from public disclosure

under section 552(b)(4) of title 5, United States Code, or which

would otherwise be prohibited from disclosure under section 1832

or 1905 of title 18, United States Code.

SEC. 236. PILOT PROGRAM ON ENHANCED INTERACTION BETWEEN

THE DEFENSE ADVANCED RESEARCH PROJECTS AGENCY

AND THE SERVICE ACADEMIES.

(a) I

ENERAL

.—The Secretary of Defense, acting through

the Director of the Defense Advanced Research Projects Agency,

shall carry out a pilot program to enhance interaction between

the Defense Advanced Research Projects Agency and the service

academies to promote technology transition, education, and training

in science, technology, engineering, and mathematics fields that

are relevant to the Department of Defense.

(b) A

WARDS OF

UNDS

.—(1) In carrying out the pilot program,

the Secretary, acting through the Director, shall provide funds

to contractors and grantees of the Defense Advanced Research

Projects Agency in order to encourage such contractors and grantees

to develop research partnerships with the service academies to

support more efficient and effective technology transition of research

programs and products.

(2) It shall be the responsibility of the Director to ensure

that such funds are used effectively and that sufficient efforts

are made to build appropriate partnerships.

ERVICE

CADEMY

ECHNOLOGY

RANSITION

ETWORKS

.—

In carrying out the pilot program, the Director shall prioritize

the leveraging of—

(1) the technology transition networks that service acad-

emies maintain among their academic departments and resi-

dent research centers; and

(2) partnerships with Department of Defense laboratories,

other Federal degree granting institutions, academia, and

industry.

(d) T

ERMINATION

.—The authority to carry out the pilot program

shall terminate on September 30, 2020.

(e) S

ERVICE

CADEMIES

EFINED

.—In this section, the term

‘‘service academies’’ means the following:

(1) The United States Military Academy.

(2) The United States Naval Academy.

(3) Th United States Air Force Academy.

(4) The United States Coast Guard Academy.

(5) The United States Merchant Marine Academy.

SEC. 237. INDEPENDENT REVIEW OF F/A–18 PHYSIOLOGICAL EPISODES

AND CORRECTIVE ACTIONS.

(a) I

NDEPENDENT

EVIEW

EQUIRED

.—The Secretary of the

Navy shall conduct an independent review of the plans, programs,

and research of the Department of the Navy with respect to—

(1) physiological events affecting aircrew of the F/A–18

Hornet and the F/A–18 Super Hornet aircraft during the cov-

ered period; and

10 USC 2358

note.

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130 STAT. 2067 PUBLIC LAW 114–328—DEC. 23, 2016

(2) the efforts of the Navy and Marine Corps to prevent

and mitigate the affects of such physiological events.

(b) C

ONDUCT OF

EVIEW

.—In conducting the review under sub-

section (a), the Secretary of the Navy shall—

(1) designate an appropriate senior official in the Office

of the Secretary of the Navy to oversee the review; and

(2) consult experts from outside the Department of Defense

in appropriate technical and medical fields.

EVIEW

LEMENTS

.—The review under subsection (a) shall

include an evaluation of—

(1) any data of the Department of the Navy relating to

the increased frequency of physiological events affecting aircrew

of the F/A–18 Hornet and the F/A–18 Super Hornet aircraft

during the covered period;

(2) aircraft mishaps potentially related to such physiological

events;

(3) the cost and effectiveness of all material, operational,

maintenance, and other measures carried out by the Depart-

ment of the Navy to mitigate such physiological events during

the covered period;

(4) material, operational, maintenance, or other measures

that may reduce the rate of such physiological events in the

future; and

(5) the performance of—

(A) the onboard oxygen generation system in the F/

A–18 Super Hornet;

(B) the overall environmental control system in the

F/A–18 Hornet and F/A–18 Super Hornet; and

and F/A–18 Super Hornet, as determined by the Secretary.

(d) R

EPORT

EQUIRED

.—Not later than December 1, 2017, the

Secretary of Navy shall submit to the congressional defense commit-

tees a report that includes the results of the review under subsection

(a).

(e) C

OVERED

ERIOD

.—In this section, the term ‘‘covered period’’

means the period beginning on January 1, 2009, and ending on

the date of the submission of the report under subsection (d).

SEC. 238. B–21 BOMBER DEVELOPMENT PROGRAM ACCOUNTABILITY

MATRICES.

(a) S

UBMITTAL OF

ATRICES

.—Concurrent with the President’s

annual budget request submitted to Congress under section 1105

of title 31, United States Code, for fiscal year 2018, the Secretary

of the Air Forces shall submit to the congressional defense commit-

tees and the Comptroller General of the United States the matrices

described in subsection (b) relating to the B–21 bomber aircraft

program.

(b) M

ATRICES

ESCRIBED

.—The matrices described in this sub-

section are the following:

(1) EMD

GOALS

.—A matrix that identifies, in six month

increments, key milestones, development events, and specific

performance goals for the EMD phase of the B–21 bomber

aircraft program, which shall be subdivided, at a minimum,

according to the following:

(A) Technology readiness levels of major components

and key demonstration events.

(B) Design maturity.

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130 STAT. 2068 PUBLIC LAW 114–328—DEC. 23, 2016

(D) Manufacturing readiness levels for critical manu-

facturing operations and key demonstration events.

(E) Manufacturing operations.

(F) System verification and key flight test events.

(G) Reliability.

(2) C

OST

.—A matrix expressing, in six month increments,

the total cost for the Air Force service cost position for the

EMD phase and low initial rate of production lots of the B–

21 bomber aircraft and a matrix expressing the total cost for

the prime contractor’s estimate for such EMD phase and

production lots, both of which shall be phased over the entire

EMD period and subdivided according to the costs of the fol-

lowing:

(A) Air vehicle.

(B) Propulsion.

(D) Vehicle subsystems.

(E) Air vehicle software.

(F) Systems engineering.

(G) Program management.

(H) System test and evaluation.

(I) Support and training systems.

(J) Contract fee.

(K) Engineering changes.

(L) Direct mission support, including Congressional

General Reductions.

(M) Government testing.

EMIANNUAL

PDATE OF

ATRICES

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

on which the Secretary of the Air Force submits the matrices

required by subsection (a), concurrent with the submittal of

each annual budget request to Congress under section 1105

of title 31, United States Code, thereafter, and not later than

180 days after each such submittal, the Secretary of the Air

Force shall submit to the congressional defense committees

and the Comptroller General of the United States updates

to the matrices described in subsection (b).

(2) E

LEMENTS

.—Each update submitted under paragraph

(1) shall detail progress made toward the goals identified in

the matrix described in subsection (b)(1) and provide updated

cost estimates.

(3) T

REATMENT OF INITIAL MATRICES AS BASELINE

.—The

matrices submitted pursuant to subsection (a) shall be treated

as the baseline for the full EMD phase and low rate initial

production of the B–21 bomber aircraft program for purposes

of the updates submitted pursuant to paragraph (1) of this

subsection.

(d) A

SSESSMENT BY

OMPTROLLER

ENERAL OF THE

NITED

TATES

.—Not later than the date that is 45 days after the date

on which the Comptroller General of the United States receives

an update to a matrix under subsection (d)(1), the Comptroller

General shall review the sufficiency of such matrix and submit

to the congressional defense committees an assessment of such

matrix, including by identifying cost, schedule, or performance

trends.

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130 STAT. 2069 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 239. STUDY ON HELICOPTER CRASH PREVENTION AND MITIGA-

TION TECHNOLOGY.

(a) S

TUDY

EQUIRED

.—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) E

LEMENTS

.—The study required under subsection (a) shall

include the following:

(1) Identification of technologies with the potential—

(A) to prevent helicopter crashes (such as collision

avoidance technologies and battle space and terrain situa-

tional awareness technologies); and

(B) to improve survivability among individuals involved

in such crashes (such as adaptive flight control technologies

and improved energy absorbing technologies).

(2) A cost-benefit analysis of each technology identified

under paragraph (1) that takes into account the cost of devel-

oping and deploying the technology compared to the potential

of the technology to prevent casualties or injuries.

(3) A list that ranks the technologies identified under para-

graph (1) based on—

(A) the results of the cost-benefit analysis under para-

graph (2); and

(B) the readiness level of each technology.

(4) An analysis of helicopter crashes that—

(A) compares the casualty rates of cockpit occupants

to the casualty rates of occupants of cargo compartments

and troop seats; and

(B) identifies the root causes of the casualties described

in subparagraph (A).

RIEFING

.—Not later than one year after the date of the

enactment of this Act, the Secretary shall provide to the Committees

on Armed Services of the Senate and the House of Representatives

(and the other congressional defense committees on request) a

briefing that includes—

(1) the results of the study required under subsection (a);

and

(2) the list described in subsection (b)(3).

SEC. 240. STRATEGY FOR IMPROVING ELECTRONIC AND ELECTRO-

MAGNETIC SPECTRUM WARFARE CAPABILITIES.

(a) S

TRATEGY

EQUIRED

.—Not later than April 1, 2017, the

Under Secretary of Defense for Acquisition, Technology and Logis-

tics, acting through the Electronic Warfare Executive Committee,

shall submit to the congressional defense committees a strategy

on the electronic and electromagnetic spectrum warfare capabilities

of the Department of Defense.

(b) E

LEMENTS

.—The strategy required by subsection (a) shall

include the following:

(1) A strategy for advancing and accelerating research,

development, test, and evaluation, and fielding, of electronic

warfare capabilities to meet current and projected require-

ments, including intra-service ground and air interoperabilities,

as well as recommendations for streamlining acquisition proc-

esses with respect to such capabilities.

(2) A methodology for synchronizing and overseeing elec-

tronic warfare strategies, operational concepts, and programs

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130 STAT. 2070 PUBLIC LAW 114–328—DEC. 23, 2016

across the Department of Defense, including electronic warfare

programs that support or enable cyber operations.

(3) A description of the training and operational support

required for fielding and sustaining current and planned invest-

ments in electronic warfare capabilities, including the require-

ments for conducting large-scale simulated exercises and

training in contested electronic warfare environments.

(4) A comprehensive list of investments of the Department

of Defense in electronic warfare capabilities, including the

capabilities to be developed, procured, or sustained in—

(A) the budget of the President for fiscal year 2018

submitted to Congress under section 1105(a) of title 31,

United States Code; and

(B) the future-years defense program submitted to Con-

gress under section 221 of title 10, United States Code,

for that fiscal year.

(5) A description of the threat environment for electro-

magnetic spectrum for current and future warfare needs.

(6) An assessment of progress on increasing interoperability

between Services and Agencies, as well as increasing applica-

tion of innovative electromagnetic spectrum warfighting

methods and operational concepts that provide advantages

within the electromagnetic spectrum operational domain.

(7) Specific attributes needed in future electronic and

electromagnetic spectrum warfare capabilities, such as net-

working, adaptability, agility, multifunctionality, and miniatur-

ization, and progress toward incorporating such attributes in

new electronic warfare systems.

(8) Capability gaps with respect to asymmetric and near-

peer adversaries identified pursuant to a capability gap assess-

ment.

(9) A joint strategy on achieving near real-time system

adaption to rapidly advancing modern digital electronics.

(10) Any other information the Secretary determines to

be appropriate.

ORM

.—The strategy required by subsection (a) shall be

submitted in unclassified form, but may include a classified annex.

(d) E

LECTRONIC

ARFARE

XECUTIVE

OMMITTEE

EFINED

.—

In this section the term ‘‘Electronic Warfare Executive Committee’’

means the committee established on March 17, 2015, and chartered

on August 11, 2015, by the Deputy Secretary of Defense to serve

as the principal forum within the Department of Defense to inform,

coordinate, and evaluate electronic warfare matters to maintain

a strong technological advantage in United States capabilities.

SEC. 241. SENSE OF CONGRESS ON DEVELOPMENT AND FIELDING OF

FIFTH GENERATION AIRBORNE SYSTEMS.

(a) F

INDINGS

.—Congress makes the following findings:

(1) The term ‘‘fifth generation’’, with respect to airborne

systems, means those airborne systems capable of operating

effectively in highly contested battle spaces defined by the

most capable currently fielded threats, and those reasonably

expected to be operational in the foreseeable future.

(2) Continued modernization of Department of Defense air-

borne systems such as fighters, bombers, and intelligence,

surveillance, and reconnaissance (ISR) aircraft with fifth

generation capabilities is required because—

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130 STAT. 2071 PUBLIC LAW 114–328—DEC. 23, 2016

(A) adversary integrated air defense systems (IADS)

have created regions where fourth generation airborne sys-

tems may be limited in their ability to effectively operate;

(B) adversary aircraft, air-to-air missiles, and airborne

electronic attack or electronic protection systems are

advancing beyond the capabilities of fourth generation air-

borne systems; and

variety of options for a given warfighting challenge, pre-

serve the technological advantage of the United States

over near-peer threats, and serve as a force multiplier

by increasing situational awareness and combat effective-

ness of fourth generation airborne systems.

(b) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

development and fielding of fifth generation airborne system sys-

tems should include the following:

(1) Multispectral (radar, infrared, visual, emissions) low

observable (LO) design features, self-protection jamming, and

other capabilities that significantly delay or deny threat system

detection, tracking, and engagement.

(2) Integrated avionics that autonomously fuse and

prioritize onboard multispectral sensors and offboard informa-

tion data to provide an accurate realtime operating picture

and data download for postmission exploitation and analysis.

(3) Resilient communications, navigation, and identification

techniques designed to effectively counter adversary attempts

to deny or confuse friendly systems.

(4) Robust and secure networks linking individual plat-

forms to create a common, accurate, and highly integrated

picture of the battle space for friendly forces.

(5) Advanced onboard diagnostics capable of monitoring

system health, accurately reporting system faults, and

increasing overall system performance and reliability.

(6) Integrated platform and subsystem designs to maximize

lethality and survivability while enabling decision superiority.

(7) Maximum consideration for the fielding of unmanned

platforms either employed in concert with fifth generation

manned platforms or as standalone unmanned platforms, to

increase warfighting effectiveness and reduce risk to personnel

during high risk missions.

(8) Advanced air-to-air, air-to-ground, and other weapons

able to leverage fifth generation capabilities.

(9) Comprehensive and high-fidelity live, virtual, and

constructive training systems, updated range infrastructure,

and sufficient threat-representative adversary training assets

to maximize fifth generation force proficiency, effectiveness,

and readiness while protecting sensitive capabilities.

TITLE III—OPERATION AND

MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Modified reporting requirement related to installations energy manage-

ment.

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130 STAT. 2072 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 312. Waiver authority for alternative fuel procurement requirement.

Sec. 313. Utility data management for military facilities.

Sec. 314. Alternative technologies for munitions disposal.

Sec. 315. Report on efforts to reduce high energy costs at military installations.

Sec. 316. Sense of Congress on funding decisions relating to climate change.

Subtitle C—Logistics and Sustainment

Sec. 321. Revision of deployability rating system and planning reform.

Sec. 322. Revision of guidance relating to corrosion control and prevention execu-

tives.

Sec. 323. Pilot program for inclusion of certain industrial plants in the Armament

Retooling and Manufacturing Support Initiative.

Sec. 324. Repair, recapitalization, and certification of dry docks at naval shipyards.

Sec. 325. Private sector port loading assessment.

Sec. 326. Strategy on revitalizing Army organic industrial base.

Subtitle D—Reports

Sec. 331. Modifications to Quarterly Readiness Report to Congress.

Sec. 332. Report on average travel costs of members of the reserve components.

Sec. 333. Report on HH–60G sustainment and Combat Rescue Helicopter program.

Subtitle E—Other Matters

Sec. 341. Air navigation matters.

Sec. 342. Contract working dogs.

Sec. 343. Plan, funding documents, and management review relating to explosive

ordnance disposal.

Sec. 344. Process for communicating availability of surplus ammunition.

Sec. 345. Mitigation of risks posed by window coverings with accessible cords in

certain military housing units.

Sec. 346. Access to military installations by transportation companies.

Sec. 347. Access to wireless high-speed Internet and network connections for cer-

tain members of the Armed Forces.

Sec. 348. Limitation on availability of funds for Office of the Under Secretary of De-

fense for Intelligence.

Sec. 349. Limitation on development and fielding of new camouflage and utility

uniforms.

Sec. 350. Plan for improved dedicated adversary air training enterprise of the Air

Force.

Sec. 351. Independent review and assessment of the Ready Aircrew Program of the

Air Force.

Sec. 352. Study on space-available travel system of the Department of Defense.

Sec. 353. Evaluation of motor carrier safety performance and safety technology.

Subtitle A—Authorization of

Appropriations

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

2017 for the use of the Armed Forces and other activities and

agencies of the Department of Defense for expenses, not otherwise

provided for, for operation and maintenance, as specified in the

funding table in section 4301.

Subtitle B—Energy and Environment

SEC. 311. MODIFIED REPORTING REQUIREMENT RELATED TO

INSTALLATIONS ENERGY MANAGEMENT.

Subsection (a) of section 2925 of title 10, United States Code,

is amended—

(1) in the subsection heading, by inserting ‘‘, R

ESILIENCY

AND

ISSION

SSURANCE

’’ after ‘‘A

NNUAL

EPORT

ELATED TO

NSTALLATIONS

NERGY

ANAGEMENT

’’;

(2) by striking paragraphs (2), (3), (4), (5), (6), (7), (8),

and (10);

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130 STAT. 2073 PUBLIC LAW 114–328—DEC. 23, 2016

(3) by redesignating paragraphs (9) and (11) as paragraphs

(3), and (4), respectively; and

(4) by inserting after paragraph (1), the following:

‘‘(2) A description of the energy savings, return on invest-

ment, and enhancements to installation mission assurance

realized by the fulfillment of the goals described in paragraph

(1).’’.

SEC. 312. WAIVER AUTHORITY FOR ALTERNATIVE FUEL PROCURE-

MENT REQUIREMENT.

(a) I

ENERAL

.—The Secretary of Defense may waive the

requirement under section 526 of the Energy Independence and

Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) if

the Secretary determines it is in the national security interest

of the United States.

(b) N

OTIFICATION

EQUIREMENT

.—The Secretary of Defense

shall notify the congressional defense committees not later than

15 days after exercising the waiver authority under subsection

(a).

SEC. 313. UTILITY DATA MANAGEMENT FOR MILITARY FACILITIES.

(a) P

ILOT

ROGRAM

.—The Secretary of Defense, in consultation

with the Secretary of Energy, may carry out a pilot program to

investigate the use of utility data management services to perform

utility bill aggregation, analysis, third-party payment, storage, and

distribution for the Department of Defense.

(b) U

SE OF

UNDS

.—Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2017 for

operation and maintenance, Navy, for enterprise information, not

more than $250,000 may be obligated or expended to carry out

the pilot program under subsection (a).

SEC. 314. ALTERNATIVE TECHNOLOGIES FOR MUNITIONS DISPOSAL.

In carrying out the disposal of munitions in the stockpile of

conventional munitions awaiting demilitarization and disposal, the

Secretary of the Army may use cost-competitive technologies that

minimize waste generation and air emissions as alternatives to

disposal by open burning, open detonation, direct contact combus-

tion, and incineration.

SEC. 315. REPORT ON EFFORTS TO REDUCE HIGH ENERGY COSTS

AT MILITARY INSTALLATIONS.

(a) R

EPORT

.—

(1) R

EPORT REQUIRED

.—Not later than 270 days after the

date of the enactment of this Act, the Under Secretary of

Defense for Acquisition, Technology, and Logistics, in conjunc-

tion with the assistant secretaries responsible for installations

and environment for the military services and the Defense

Logistics Agency, shall submit to the congressional defense

committees a report detailing the efforts to achieve cost savings

at military installations with high levels of energy intensity.

(2) E

LEMENTS

.—The report required under paragraph (1)

shall include the following elements:

(A) A comprehensive, installation-specific assessment

of feasible and mission-appropriate energy initiatives sup-

porting energy production and consumption at military

installations with high levels of energy intensity.

10 USC 4681

note prec.

10 USC 2302

note.

42 USC 17142

note.

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130 STAT. 2074 PUBLIC LAW 114–328—DEC. 23, 2016

(B) An assessment of current sources of energy in

areas with high energy costs and potential future sources

that are technologically feasible, cost-effective, and mission-

appropriate for military installations.

include required investment for feasible energy efficiency

options determined to be the most beneficial and cost-

effective, where appropriate, and consistent with Depart-

ment of Defense priorities.

(D) An explanation of how military services are

working collaboratively in order to leverage lessons learned

on potential energy efficiency solutions.

(E) An assessment of the extent to which activities

administered under the Federal Energy Management Pro-

gram could be used to assist with the implementation

strategy.

(F) An assessment of State and local partnership

opportunities that could achieve efficiency and cost savings,

and any legislative authorities required to carry out such

partnerships or agreements.

(3) C

OORDINATION WITH STATE AND LOCAL AND OTHER ENTI

TIES

.—In preparing the report required under paragraph (1),

the Under Secretary may work in conjunction and coordinate

with the States containing areas of high levels of energy inten-

sity, local communities, and other Federal departments and

agencies.

(b) D

EFINITIONS

.—In this section, the term ‘‘high levels of

energy intensity’’ means costs for the provision of energy by kilowatt

of electricity or British thermal unit of heat or steam for a military

installation in the United States that is in the highest 20 percent

of all military installations for a military department.

SEC. 316. SENSE OF CONGRESS ON FUNDING DECISIONS RELATING

TO CLIMATE CHANGE.

It is the sense of Congress that—

(1) decisions relating to the funding of the Department

of Defense for fiscal year 2017 should prioritize the support

and enhancement of the combat capabilities of the Department,

in addition to seeking efficiency and efficacy;

(2) funds should be allocated among the programs of the

Department in the manner that best serves the national secu-

rity interests of the United States; and

(3) decisions relating to energy efficiency, energy use, and

climate change should adhere to the principles described in

paragraphs (1) and (2).

Subtitle C—Logistics and Sustainment

SEC. 321. REVISION OF DEPLOYABILITY RATING SYSTEM AND PLAN-

NING REFORM.

(a) D

EPLOYMENT

RIORITIZATION AND

EADINESS

.—

(1) I

N GENERAL

.—Chapter 1003 of title 10, United States

Code, is amended by inserting after section 10102 the following

new section:

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130 STAT. 2075 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘§ 10102a. Deployment prioritization and readiness of Army

components

‘‘(a) D

EPLOYMENT

RIORITIZATION

.—The Secretary of the Army

shall maintain a system for identifying the priority of deployment

for units of all components of the Army.

‘‘(b) D

EPLOYABILITY

EADINESS

ATING

.—The Secretary of the

Army shall maintain a readiness rating system for units of all

components of the Army that provides an accurate assessment

of the deployability of a unit and those shortfalls of a unit that

require the provision of additional resources. The system shall

ensure—

‘‘(1) that the personnel readiness rating of a unit reflects—

‘‘(A) both the percentage of the overall personnel

requirement of the unit that is manned and deployable

and the fill and deployability rate for critical occupational

specialties necessary for the unit to carry out its basic

mission requirements; and

‘‘(B) the number of personnel in the unit who are

qualified in their primary military occupational specialty;

and

‘‘(2) that the equipment readiness assessment of a unit—

‘‘(A) documents all equipment required for deployment;

‘‘(B) reflects only that equipment that is directly pos-

sessed by the unit;

‘‘(C) specifies the effect of substitute items; and

‘‘(D) assesses the effect of missing components and

sets on the readiness of major equipment items.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 1003 of such title is amended by inserting

after the item relating to section 10102 the following new

item:

‘‘10102a. Deployment prioritization and readiness of Army components.’’.

(b) R

EPEAL OF

UPERSEDED

ROVISIONS OF

.—Sections 1121

and 1135 of the Army National Guard Combat Readiness Reform

Act of 1992 (title XI of Public Law 102–484; 10 U.S.C. 10105

note) are repealed.

SEC. 322. REVISION OF GUIDANCE RELATING TO CORROSION CONTROL

AND PREVENTION EXECUTIVES.

(a) I

ENERAL

.—Not later than 90 days after the date of

the enactment of this Act, the Under Secretary of Defense for

Acquisition, Technology, and Logistics, in coordination with the

Director of Corrosion Policy and Oversight for the Department

of Defense, shall revise guidance relating to corrosion control and

prevention executives to—

(1) clarify the role of each such executive with respect

to assisting the Office of Corrosion Policy and Oversight in

holding the appropriate project management office in each mili-

tary department accountable for submitting the annual report

required under section 903(b)(5) of the Duncan Hunter National

Defense Authorization Act for Fiscal Year 2009 (Public Law

110–417; 10 U.S.C. 2228 note); and

(2) ensure that corrosion control and prevention executives

emphasize the reduction of corrosion and the effects of corrosion

on the military equipment and infrastructure of the Department

10 USC 2228

note.

10 USC 10101

prec.

10 USC 10102a.

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130 STAT. 2076 PUBLIC LAW 114–328—DEC. 23, 2016

of Defense, as required in the long-term strategy of the Depart-

ment of Defense under section 2228(d) of title 10, United States

Code.

(b) C

ORROSION

ONTROL AND

REVENTION

XECUTIVE

EFINED

.—In this section, the term ‘‘corrosion control and preven-

tion executive’’ means the employee of a military department des-

ignated as the corrosion control and prevention executive of the

department under section 903(a) of the Duncan Hunter National

Defense Authorization Act for Fiscal Year 2009 (Public Law 110–

417; 10 U.S.C. 2228 note).

SEC. 323. PILOT PROGRAM FOR INCLUSION OF CERTAIN INDUSTRIAL

PLANTS IN THE ARMAMENT RETOOLING AND MANUFAC-

TURING SUPPORT INITIATIVE.

During the five-year period beginning on the date of the enact-

ment of this Act, the Secretary of Defense may treat a Government-

owned, contractor-operated industrial plant of the Department of

Defense as an eligible facility under section 4551(2) of title 10,

United States Code.

SEC. 324. REPAIR, RECAPITALIZATION, AND CERTIFICATION OF DRY

DOCKS AT NAVAL SHIPYARDS.

(a) S

PECIAL

UTHORITY TO

RANSFER

UTHORIZATIONS

.—In

addition to the authority to transfer funds provided under section

1001, the Secretary of Defense may transfer not more than

$250,000,000 of authorizations made available to the Department

of Defense in this Act for fiscal year 2017 to the Department

of the Navy for the repair, recapitalization, and certification of

dry docks at Government-owned, Government-operated shipyards

of the Navy.

(b) N

OTICE TO

ONGRESS

.—The Secretary shall promptly notify

Congress of each transfer made under subsection (a).

ERMS AND

ONDITIONS

.—

(1) I

N GENERAL

.—Except as provided in paragraph (2),

transfers under this section shall be subject to the same terms

and conditions as transfers under section 1001.

(2) E

FFECT ON DOLLAR LIMIT

.—A transfer of funds under

this section shall not be counted toward the dollar limitation

described in section 1001(a)(2).

SEC. 325. PRIVATE SECTOR PORT LOADING ASSESSMENT.

(a) A

SSESSMENTS

EQUIRED

.—During the period beginning on

the date of the enactment of this Act and ending on the date

of the final briefing under subsection (c), the Secretary of the

Navy shall conduct quarterly assessments of naval ship mainte-

nance and loading activities carried out by private sector entities

at each covered port.

(b) E

LEMENTS OF

SSESSMENTS

.—Each assessment under sub-

section (a) shall include, with respect to each covered port, the

following:

(1) Resources per day, including daily ship availabilities

and the workforce available to carry out maintenance and

loading activities, for the fiscal year preceding the quarter

covered by the assessment through the end of such quarter.

(2) Projected resources per day, including daily ship avail-

abilities and the workforce available to carry out maintenance

and loading activities, through the end of the second fiscal

year beginning after the quarter covered by the assessment.

10 USC 4551

note.

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130 STAT. 2077 PUBLIC LAW 114–328—DEC. 23, 2016

(3) A description of the methods by which the Secretary

communicates projected workloads to private sector entities

engaged in ship maintenance activities and ship loading activi-

ties.

(4) A description of any processes that have been imple-

mented to allow for timely feedback from private sector entities

engaged in ship maintenance activities and ship loading activi-

ties.

RIEFINGS

EQUIRED

.—Not later than 30 days after the

date of the enactment of this Act, and on a quarterly basis thereafter

until September 30, 2021, the Secretary shall provide to the

Committees on Armed Services of the Senate and House of Rep-

resentatives (and other congressional defense committees on

request)—

(1) a briefing on the results of the assessments conducted

under subsection (a); and

(2) a chart depicting the information described in para-

graphs (1) and (2) of subsection (b) with respect to each covered

port.

(d) C

OVERED

ORTS

.—In this section, the term ‘‘covered ports’’

means port facilities used by the Department of Defense in each

of the following locations:

(1) Mayport, Florida.

(2) Norfolk, Virginia.

(3) Pearl Harbor, Hawaii.

(4) Puget Sound, Washington.

(5) San Diego, California.

SEC. 326. STRATEGY ON REVITALIZING ARMY ORGANIC INDUSTRIAL

BASE.

(a) S

TRATEGY

.—Not later than October 1, 2017, the Secretary

of Army shall submit to the congressional defense committees a

strategy to revitalize the organic industrial base of the Army.

(b) E

LEMENTS

.—The strategy under subsection (a) shall include,

with respect to the organic industrial base of the Army, the fol-

lowing:

(1) A plan to ensure the long-term viability of the organic

industrial base.

(2) An assessment of legacy items of the Army that are

sustained by the Defense Logistics Agency.

(3) A description of how the organic industrial base may

be used to address diminishing manufacturing sources and

material shortages.

(4) A description of critical capabilities that are required

across the organic industrial base.

(5) An assessment of infrastructure across the organic

industrial base.

(6) An assessment of manufacturing sources in the organic

industrial base and the private sector.

(7) An explanation of how contracting may be used to

meet organic industrial base requirements.

(8) An assessment of current and future workloads across

the organic industrial base.

(9) An assessment of the processes used to identify critical

capabilities for the organic industrial base and the methods

used to determine workloads.

(10) An assessment of existing labor rates.

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130 STAT. 2078 PUBLIC LAW 114–328—DEC. 23, 2016

(11) A description of manufacturing skills that are needed

to sustain readiness.

(12) A description of how public-private partnerships may

be used to improve the organic industrial base.

(13) A description of how working capital funds may be

used to improve the organic industrial base.

(14) An assessment of operating expenses and the potential

for reducing or recovering such expenses.

(15) Identification of the tooling, equipment, and facilities

upgrades necessary for a facility in the organic industrial base

to manufacture the legacy items of the Defense Logistics

Agency, including items described in section 333(a) of the

National Defense Authorization Act for Fiscal Year 2016 (Public

Law 114–92; 129 Stat. 792).

(16) An assessment of the suitability of manufacturing

the legacy items of the Defense Logistics Agency in a facility

in the organic industrial base.

EFINITIONS

.—In this section:

(1) L

EGACY ITEMS

.—The term ‘‘legacy items’’ means manu-

factured items that are no longer produced by the private

sector but continue to be used for weapons systems of the

Department of Defense, but does not include information sys-

tems and information technology (as those terms are defined

in section 11101 of title 40, United States Code).

(2) O

RGANIC INDUSTRIAL BASE

.—The term ‘‘organic indus-

trial base’’ means United States military facilities, including

arsenals, depots, munition plants and centers, and storage sites,

that advance a vital national security interest by producing,

maintaining, repairing, and storing materiel, munitions, and

hardware.

Subtitle D—Reports

SEC. 331. MODIFICATIONS TO QUARTERLY READINESS REPORT TO

CONGRESS.

(a) D

EADLINE FOR

EPORT

.—Subsection (a) of section 482 of

title 10, United States Code, is amended by striking ‘‘Not later

than 45 days after the end of each calendar-year quarter’’ and

inserting ‘‘Not later than 30 days after the end of each calendar-

year quarter’’.

(b) E

LIMINATION OF

EPORTING

EQUIREMENTS

ELATED TO

REPOSITIONED

TOCKS AND

ATIONAL

UARD

IVIL

UPPORT

SION

EADINESS

.—Such section is further amended—

(1) in subsection (a), by striking ‘‘subsections (b), (d), (e),

(f), (g), (h), and (i)’’ and inserting ‘‘subsections (b), (d), (e),

(f), and (g)’’;

(2) by striking subsections (d) and (e); and

(3) by redesignating subsections (f), (g), (h), (i), and (j)

as subsections (d), (e), (f), (g), and (i) respectively.

NCLUSION OF

NFORMATION ON

ANNIBALIZATION

ATES

.—

Such section, as amended by subsection (b), is further amended

by inserting after subsection (g), as redesignated by paragraph

(3) of such subsection (b), the following new subsection:

‘‘(h) C

ANNIBALIZATION

ATES

.—Each report under this section

shall include a separate unclassified report containing the informa-

tion collected pursuant to section 117(c)(7) of this title.’’.

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130 STAT. 2079 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 332. REPORT ON AVERAGE TRAVEL COSTS OF MEMBERS OF THE

RESERVE COMPONENTS.

Not later than 180 days after the date of the enactment of

this Act, the Comptroller General of the United States shall submit

to the congressional defense committees a report on the travel

expenses of members of reserve components associated with per-

forming active duty service, active service, full-time National Guard

duty, active Guard and Reserve duty, and inactive-duty training,

as such terms are defined in section 101(d) of title 10, United

States Code. Such report shall include the average annual cost

for all travel expenses for a member of a reserve component.

SEC. 333. REPORT ON HH–60G SUSTAINMENT AND COMBAT RESCUE

HELICOPTER PROGRAM.

(a) R

EPORT ON

USTAINMENT

LAN

.—Not later than one year

after the date of the enactment of this Act, the Secretary of Defense

shall submit to the congressional defense committees a report that

sets forth a plan to modernize, sustain training, and conduct depot-

level maintenance and repair for all components of the HH–60

helicopter fleet until total force combat rescue units have been

fully equipped with HH–60W Combat Rescue Helicopters.

(b) E

LEMENTS

.—The report required by subsection (a) shall

include a description of the plans of the Air Force—

(1) to modernize legacy HH–60G combat rescue helicopters;

(2) to maintain the training pipeline for the HH–60G air-

crew and the maintenance force required to maintain full readi-

ness through the end of fiscal year 2029; and

(3) to carry out depot-level maintenance and repair (as

that term is defined in section 2460 of title 10, United States

Code) to ensure the legacy HH–60G fleet of helicopters is main-

tained to meet readiness rates through the end of fiscal year

2029.

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form, but may include a classified annex.

Subtitle E—Other Matters

SEC. 341. AIR NAVIGATION MATTERS.

(a) E

XPANSION OF

EFINITION OF

TRUCTURES

NTERFERING

ITH

OMMERCE AND

ATIONAL

EFENSE

.—

(1) N

OTICE

.—Section 44718(a) of title 49, United States

Code, is amended—

(A) in paragraph (1), by striking ‘‘and’’ at the end;

(B) in paragraph (2), by striking the period at the

end and inserting ‘‘; or’’; and

‘‘(3) the interests of national security, as determined by

the Secretary of Defense.’’.

(2) S

TUDIES

.—Section 44718(b) of title 49, United States

Code, is amended to read as follows:

‘‘(b) S

TUDIES

.—

‘‘(1) I

N GENERAL

.—Under regulations prescribed by the Sec-

retary, if the Secretary decides that constructing or altering

a structure may result in an obstruction of the navigable air-

space, an interference with air navigation facilities and equip-

ment or the navigable airspace, or, after consultation with

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130 STAT. 2080 PUBLIC LAW 114–328—DEC. 23, 2016

the Secretary of Defense, an adverse impact on military oper-

ations and readiness, the Secretary of Transportation shall

conduct an aeronautical study to decide the extent of any

adverse impact on the safe and efficient use of the airspace,

facilities, or equipment. In conducting the study, the Secretary

shall—

‘‘(A) consider factors relevant to the efficient and effec-

tive use of the navigable airspace, including—

‘‘(i) the impact on arrival, departure, and en route

procedures for aircraft operating under visual flight

rules;

‘‘(ii) the impact on arrival, departure, and en route

procedures for aircraft operating under instrument

flight rules;

‘‘(iii) the impact on existing public-use airports

and aeronautical facilities;

‘‘(iv) the impact on planned public-use airports

and aeronautical facilities;

‘‘(v) the cumulative impact resulting from the pro-

posed construction or alteration of a structure when

combined with the impact of other existing or proposed

structures; and

‘‘(vi) other factors relevant to the efficient and

effective use of navigable airspace; and

‘‘(B) include the finding made by the Secretary of

Defense under subsection (f).

‘‘(2) R

EPORT

.—On completing the study, the Secretary of

Transportation shall issue a report disclosing the extent of

the—

‘‘(A) adverse impact on the safe and efficient use of

the navigable airspace that the Secretary finds will result

from constructing or altering the structure; and

‘‘(B) unacceptable risk to the national security of the

United States, as determined by the Secretary of Defense

under subsection (f).

‘‘(3) S

EVERABILITY

.—A determination by the Secretary of

Transportation on hazard to air navigation under this section

shall remain independent of a determination of unacceptable

risk to the national security of the United States by the Sec-

retary of Defense under subsection (f).’’.

(3) N

ATIONAL SECURITY FINDING

;

DEFINITIONS

.—Section

44718 of title 49, United States Code, is amended by adding

at the end the following:

‘‘(f) N

ATIONAL

ECURITY

INDING

.—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) D

EFINITIONS

.—In this section, the following definitions

apply:

‘‘(1) A

DVERSE IMPACT ON MILITARY OPERATIONS AND READI

NESS

.—The term ‘adverse impact on military operations and

readiness’ has the meaning given the term in section 211.3

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130 STAT. 2081 PUBLIC LAW 114–328—DEC. 23, 2016

of title 32, Code of Federal Regulations, as in effect on January

6, 2014.

‘‘(2) U

NACCEPTABLE RISK TO THE NATIONAL SECURITY OF

THE UNITED STATES

.—The term ‘unacceptable risk to the

national security of the United States’ has the meaning given

the term in section 211.3 of title 32, Code of Federal Regula-

tions, as in effect on January 6, 2014.’’.

(4) C

ONFORMING AMENDMENTS

.—

(A) S

ECTION HEADING

.—Section 44718 of title 49,

United States Code, is amended in the section heading

by inserting ‘‘or national security’’ after ‘‘air com-

merce’’.

(B) C

LERICAL AMENDMENT

.—The table of sections at

the beginning of chapter 447 of title 49, United States

Code, is amended by striking the item relating to section

44718 and inserting the following:

‘‘44718. Structures interfering with air commerce or national security.’’.

(b) P

ERFORMANCE

BASED

AVIGATION

.—Section 213(c) of the

FAA Modernization and Reform Act of 2012 (Public Law 112–

95; 49 U.S.C. 40101 note) is amended by adding at the end the

following:

‘‘(3) N

OTIFICATIONS AND CONSULTATIONS

.—Not later than

90 days before applying a categorical exclusion under this sub-

section to a new procedure at an OEP airport, the Administrator

shall—

‘‘(A) notify and consult with the operator of the airport

at which the procedure would be implemented; and

‘‘(B) consider consultations or other engagement with

the community in the which the airport is located to inform

the public of the procedure.

‘‘(4) R

EVIEW OF CERTAIN CATEGORICAL EXCLUSIONS

.—

‘‘(A) I

N GENERAL

.—The Administrator shall review any

decision of the Administrator made on or after February

14, 2012, and before the date of the enactment of this

paragraph to grant a categorical exclusion under this sub-

section with respect to a procedure to be implemented

at an OEP airport that was a material change from proce-

dures previously in effect at the airport to determine if

the implementation of the procedure had a significant effect

on the human environment in the community in which

the airport is located.

‘‘(B) C

ONTENT OF REVIEW

.—If, in conducting a review

under subparagraph (A) with respect to a procedure imple-

mented at an OEP airport, the Administrator, in consulta-

tion with the operator of the airport, determines that imple-

menting the procedure had a significant effect on the

human environment in the community in which the airport

is located, the Administrator shall—

‘‘(i) consult with the operator of the airport to

identify measures to mitigate the effect of the proce-

dure on the human environment; and

‘‘(ii) in conducting such consultations, consider the

use of alternative flight paths that do not substantially

degrade the efficiencies achieved by the implementa-

tion of the procedure being reviewed.

49 USC 44701

prec.

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130 STAT. 2082 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(C) H

UMAN ENVIRONMENT DEFINED

.—In this para-

graph, the term ‘human environment’ has the meaning

given such term in section 1508.14 of title 40, Code of

Federal Regulations (as in effect on the day before the

date of the enactment of this paragraph).’’.

SEC. 342. CONTRACT WORKING DOGS.

(a) R

EQUIRED

ONTRACT

LAUSE

.—

(1) I

N GENERAL

.—Chapter 141 of title 10, United States

Code, is amended by adding at the end the following new

section:

‘‘§ 2410r. Contract working dogs: requirement to transfer ani-

mals to 341st Training Squadron after service life

‘‘(a) I

ENERAL

.—Each contract entered into by the Secretary

of Defense for the provision of a contract working dog shall require

that the dog be transferred to the 341st Training Squadron after

the service life of the dog has terminated as described in subsection

(b) for reclassification as a military animal and placement for adop-

tion in accordance with section 2583 of this title.

‘‘(b) S

ERVICE

IFE

.—The service life of a contract working dog

has terminated and the dog is available for transfer to the 341st

Training Squadron pursuant to a contract under subsection (a)

only if the contracting officer concerned has determined that—

‘‘(1) the final contractual obligation of the dog preceding

such transfer is with the Department of Defense; and

‘‘(2) the dog cannot be used by another department or

agency of the Federal Government due to age, injury, or

performance.

‘‘(c) C

ONTRACT

ORKING

.—In this section, the term ‘con-

tract working dog’ means a dog—

‘‘(1) that performs a service for the Department of Defense

pursuant to a contract; and

‘‘(2) that is trained and kenneled by an entity that provides

such a dog pursuant to such a contract.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new item:

‘‘2410r. Contract working dogs: requirement to transfer animals to 341st Training

Squadron after service life.’’.

(b) I

NCLUSION IN

EFINITION OF

ILITARY

NIMAL

.—Paragraph

(1) of section 2583(h) of title 10, United States Code, is amended

to read as follows:

‘‘(1) A military working dog, which may include a contract

working dog (as such term is defined in section 2410r) that

has been transferred to the 341st Training Squadron.’’.

SEC. 343. PLAN, FUNDING DOCUMENTS, AND MANAGEMENT REVIEW

RELATING TO EXPLOSIVE ORDNANCE DISPOSAL.

(a) P

LAN

EQUIRED

.—

(1) I

N GENERAL

.—The Secretary of Defense shall develop

a plan to establish an explosive ordnance disposal program

in the Department of Defense to ensure close and continuous

coordination among the military departments on matters

relating to explosive ordnance disposal.

(2) R

OLES

RESPONSIBILITIES

AND AUTHORITIES

.—The plan

under paragraph (1) shall include provisions under which—

10 USC 2701

note.

10 USC 2381

prec.

10 USC 2410r.

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130 STAT. 2083 PUBLIC LAW 114–328—DEC. 23, 2016

(A) the Secretary of Defense shall—

(i) assign responsibility for the coordination and

integration of explosive ordnance disposal to a joint

office or entity in the Office of the Secretary of Defense;

and

(ii) designate the Secretary of the Navy (or a des-

ignee of the Secretary of the Navy) as the executive

agent for the Department of Defense to coordinate

and integrate research, development, test, and evalua-

tion activities and procurement activities of the mili-

tary departments relating to explosive ordnance dis-

posal; and

(B) the Secretary of each military department shall

assess the needs of the military department concerned

with respect to explosive ordnance disposal and may carry

out research, development, test, and evaluation activities

and procurement activities to address such needs.

(b) A

NNUAL

XPLOSIVE

RDNANCE

ISPOSAL

UNDING

OCU

MENTS

.—

(1) I

N GENERAL

.—The Secretary of Defense shall submit

to Congress, as a part of the defense budget materials for

each fiscal year after fiscal year 2017, a consolidated funding

display, in classified and unclassified form, that identifies the

funding source for all explosive ordnance disposal activities

within the Department of Defense.

(2) E

LEMENTS

.—The funding display under paragraph (1)

for a fiscal year shall include a single program element from

each military department for each of the following:

(A) Research, development, test, and evaluation.

(B) Procurement.

(D) Any other program element used to fund explosive

ordnance disposal activities (but not including any program

element relating to military construction).

ANAGEMENT

EVIEW AND

SSESSMENT

.—

(1) I

N GENERAL

.—The Secretary of Defense shall review

and assess the effectiveness of current management structures

in supporting the explosive ordnance disposal needs of the

combatant commands and the military departments.

(2) E

LEMENTS

.—The review and assessment under para-

graph (1) shall include the following:

(A) A review of the organizational structures and

responsibilities within the Office of the Secretary of Defense

that provide policy and oversight of the policies, programs,

acquisition activities, and personnel of the military depart-

ments relating to explosive ordnance disposal.

(B) A review of the organizational structures and

responsibilities within the military departments that—

(i) man, equip, and train explosive ordnance dis-

posal forces; and

(ii) support such forces with manpower, technology,

equipment, and readiness.

responsibilities of the Secretary of the Navy as the execu-

tive agent for explosive ordnance disposal technology and

training.

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130 STAT. 2084 PUBLIC LAW 114–328—DEC. 23, 2016

(D) Budget displays for each military department that

support research, development, test, and evaluation;

procurement; and operation and maintenance, relating to

explosive ordnance disposal.

(E) An assessment of the adequacy of the organiza-

tional structures and responsibilities and the alignment

of funding within the military departments in supporting

the needs of the combatant commands and the military

departments with respect to explosive ordnance disposal.

(d) B

RIEFING

.—Not later than March 1, 2017, the Secretary

shall provide to the Committees on Armed Services of the Senate

and the House of Representatives a briefing that includes—

(1) details of the plan required under subsection (a);

(2) the results of the review and assessment under sub-

section (c);

(3) a description of any measures undertaken to improve

joint coordination, oversight, and management of programs

relating to explosive ordnance disposal;

(4) recommendations to the Secretary to improve the

capabilities and readiness of explosive ordnance disposal forces;

and

(5) an explanation of the advantages and disadvantages

of assigning responsibility for the coordination and integration

of explosive ordnance disposal to a single joint office or entity

in the Office of the Secretary of Defense.

(e) D

EFINITIONS

.—In this section:

(1) E

XPLOSIVE ORDNANCE

.—The term ‘‘explosive ordnance’’

means any munition containing explosives, nuclear fission or

fusion materials, or biological or chemical agents, including—

(A) bombs and warheads;

(B) guided and ballistic missiles;

(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) D

ISPOSAL

.—The term ‘‘disposal’’ means, with respect

to explosive ordnance, the detection, identification, field evalua-

tion, defeat, disablement, or rendering safe, recovery and exploi-

tation, and final disposition of the ordnance.

SEC. 344. PROCESS FOR COMMUNICATING AVAILABILITY OF SURPLUS

AMMUNITION.

(a) I

ENERAL

.—The Secretary of Defense shall implement

a formal process to provide Federal Government agencies outside

the Department of Defense with information on the availability

of surplus, serviceable ammunition from the Department of Defense

for the purpose of reducing costs relating to the storage and disposal

of such ammunition.

(b) I

MPLEMENTATION

EADLINE

.—The Secretary shall imple-

ment the process described in subsection (a) beginning not later

than 180 days after the date of the enactment of this Act.

10 USC 2576a

note.

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130 STAT. 2085 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 345. MITIGATION OF RISKS POSED BY WINDOW COVERINGS WITH

ACCESSIBLE CORDS IN CERTAIN MILITARY HOUSING

UNITS.

(a) R

EMOVAL OF

ERTAIN

INDOW

OVERINGS

.—Not later than

three years after the date of enactment of this Act, the Secretary

of Defense shall remove and replace disqualified window coverings

from—

(1) military housing units owned by the Department of

Defense in which children under the age of 9 may reside;

and

(2) military housing units leased by the Department of

Defense in which children under the age of 9 may reside if

the lease for such units requires the Department to provide

window coverings.

(b) P

ROHIBITION ON

ISQUALIFIED

INDOW

OVERINGS IN

ILI

TARY

OUSING

NITS

CQUIRED OR

ONSTRUCTED BY

ONTRACT

.—

All contracts entered into by the Secretary of Defense after Sep-

tember 30, 2017, for the acquisition or construction of military

family housing, including military family housing acquired or con-

structed pursuant to subchapter IV of chapter 169 of title 10,

United States Code, shall prohibit the use of disqualified window

coverings in such housing.

ISQUALIFIED

INDOW

OVERING

EFINED

.—In this section,

the term ‘‘disqualified window covering’’ means—

(1) a window covering with an accessible cord that exceeds

8 inches in length; or

(2) a window covering with an accessible continuous loop

cord that does not have a cord tension device that prevents

operation when the cord is not anchored to the wall.

SEC. 346. ACCESS TO MILITARY INSTALLATIONS BY TRANSPORTATION

COMPANIES.

(a) I

ENERAL

.—Not later than one year after the date of

the enactment of this Act, the Secretary of Defense shall establish

policies under which covered drivers may be authorized to access

military installations.

(b) E

LEMENTS

.—The policies established under subsection (a)—

(1) shall include the terms and conditions under which

a covered driver may be authorized to access a military installa-

tion;

(2) may require a transportation company and a covered

driver to enter into a written agreement with the Department

of Defense as a precondition for obtaining authorization to

access a military installation;

(3) shall be consistent across military installations, to the

extent practicable;

(4) shall be designed to promote the expeditious entry

of covered drivers onto military installations for purposes of

providing commercial transportation services;

(5) shall place appropriate restrictions on entry into sen-

sitive areas of military installations;

(6) shall be designed, to the extent practicable, to give

covered drivers access to barracks areas, housing areas, tem-

porary lodging facilities, hospitals, and community support

facilities;

(7) shall require transportation companies—

10 USC 113 note.

10 USC 2821

note.

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130 STAT. 2086 PUBLIC LAW 114–328—DEC. 23, 2016

(A) to track, in real-time, the location of the entry

and exit of covered drivers onto and off of military installa-

tions; and

(B) to provide, on demand, the information described

in subparagraph (A) to appropriate personnel and agencies

of the Department; and

(8) shall take into account force protection requirements

and ensure the protection and safety of members of the Armed

Forces, civilian employees of the Department of Defense, and

the families of such members and employees.

ONFIDENTIALITY OF

NFORMATION

.—The Secretary shall

ensure that any information provided to the Department by a

transportation company under subsection (b)(7)—

(1) is treated as confidential and proprietary information

of the company that is exempt from public disclosure pursuant

to section 552 of title 5, United States Code (commonly known

as the ‘‘Freedom of Information Act’’); and

(2) except as provided in subsection (b)(7), is not disclosed

to any person or entity without the express written consent

of the company unless disclosure of such information is required

by a court order.

(d) D

EFINITIONS

.—In this section:

(1) T

RANSPORTATION COMPANY

.—The term ‘‘transportation

company’’ means a corporation, partnership, sole proprietorship,

or other entity outside of the Department of Defense that

provides a commercial transportation service to a rider,

including a company that uses a digital network to connect

riders to covered drivers for the purpose of providing such

transportation service.

(2) C

OVERED DRIVER

.—The term ‘‘covered driver’’—

(A) means an individual—

(i) who is an employee of a transportation company

or who is affiliated with a transportation company;

and

(ii) who provides a commercial transportation

service to a rider; and

(B) includes a vehicle operated by such individual for

the purpose of providing such service.

SEC. 347. ACCESS TO WIRELESS HIGH-SPEED INTERNET AND NETWORK

CONNECTIONS FOR CERTAIN MEMBERS OF THE ARMED

FORCES.

(a) I

ENERAL

.—In providing members of the Armed Forces

with access to high-speed wireless Internet and network connections

at military installations outside the United States, the Secretary

of Defense may provide such access without charge to the members

and their dependents.

(b) C

ONTRACT

UTHORITY

.—The Secretary may enter into con-

tracts for the purpose of carrying out subsection (a).

SEC. 348. LIMITATION ON AVAILABILITY OF FUNDS FOR OFFICE OF

THE UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE.

Of the funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2017 for Operation and

Maintenance, Defense-wide, for the Office of the Under Secretary

of Defense for Intelligence, not more than 90 percent may be obli-

gated or expended until the Secretary of Defense issues guidance

on the process by which members of the Armed Forces may carry

10 USC 1030

note prec.

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130 STAT. 2087 PUBLIC LAW 114–328—DEC. 23, 2016

an appropriate firearm on a military installation, as required by

section 526 of the National Defense Authorization Act for Fiscal

Year 2016 (Public Law 114–92; 129 Stat. 813; 10 U.S.C. 2672

note).

SEC. 349. LIMITATION ON DEVELOPMENT AND FIELDING OF NEW

CAMOUFLAGE AND UTILITY UNIFORMS.

None of the funds authorized to be appropriated by this Act

or otherwise made available for the Department of Defense may

be obligated or expended to develop or field new camouflage uni-

forms, new utility uniforms, or new families of uniforms until

the date that is one year after the date on which the Secretary

of Defense submits to the congressional defense committees notice

of the intent of the Secretary to develop or field such uniforms.

SEC. 350. PLAN FOR IMPROVED DEDICATED ADVERSARY AIR TRAINING

ENTERPRISE OF THE AIR FORCE.

(a) I

ENERAL

.—The Chief of Staff of the Air Force shall

develop a plan for an improved dedicated adversary air training

enterprise for the Air Force—

(1) to maximize warfighting effectiveness and synergies

of the current and planned fourth and fifth generation combat

air forces through optimized training and readiness;

(2) to harness intelligence analysis, emerging live-virtual-

constructive training technologies, range infrastructure

improvements, and results of experimentation and prototyping

efforts in operational concept development;

(3) to challenge the combat air forces of the Air Force

with threat representative adversary-to-friendly aircraft ratios,

known and emerging adversary tactics, and high fidelity rep-

lication of threat airborne and ground capabilities; and

(4) to achieve training and readiness goals and objectives

of the Air Force with demonstrated institutional commitment

to the adversary air training enterprise through the application

of Air Force policy and resources, partnering with the other

Armed Forces, allies, and friends, and employing the use of

industry contracted services.

(b) E

LEMENTS

.—The plan under subsection (a) shall include,

with respect to an improved dedicated adversary air training enter-

prise, the following:

(1) Goals and objectives.

(2) Concepts of operations.

(3) Timelines for the phased implementation of the enter-

prise.

(4) Analysis of readiness improvements that may result

from the enterprise.

(5) Prioritized resource requirements.

(6) Such other matters as the Chief of Staff considers

appropriate.

RITTEN

LAN AND

RIEFING

.—Not later than March 3,

2017, the Chief of Staff shall provide to the Committees on Armed

Services of the Senate and the House of Representatives—

(1) a written version of the plan developed under subsection

(a); and

(2) a briefing on such plan.

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130 STAT. 2088 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 351. INDEPENDENT REVIEW AND ASSESSMENT OF THE READY

AIRCREW PROGRAM OF THE AIR FORCE.

(a) I

NDEPENDENT

EVIEW AND

SSESSMENT

.—The Secretary of

the Air Force shall enter into a contract with an independent

entity with appropriate expertise—

(1) to conduct a review and assessment of—

(A) the assumptions underlying the annual continu-

ation training requirements of the Air Force; and

(B) the overall effectiveness of the Ready Aircrew Pro-

gram of the Air Force in managing aircrew training require-

ments; and

(2) to make recommendations for the improved manage-

ment of such training requirements.

(b) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 120 days after the date

of the enactment of this Act, the Secretary of the Air Force

shall submit to the congressional defense committees a report

on the review and assessment conducted under subsection (a).

(2) E

LEMENTS

.—The report under paragraph (1) shall

include an examination of the following:

(A) For the aircrews of each type of combat aircraft

and by mission type—

(i) the number of sorties required to reach min-

imum and optimal levels of proficiency, respectively;

(ii) the optimal mix of live and virtual training

sorties; and

(iii) the optimal mix of experienced aircrews versus

inexperienced aircrews.

(B) The availability of assets and infrastructure to

support the achievement of aircrew proficiency levels and

an explanation of any requirements relating to such assets

and infrastructure.

ments used to determine if an aircrew qualifies for designa-

tion as an experienced aircrew, and whether different

measurements should be used.

(D) Any actions taken or planned to be taken to imple-

ment recommendations resulting from the independent

review and assessment under subsection (a), including an

estimate of the resources required to implement such rec-

ommendations.

(E) Any other matters the Secretary determines are

appropriate to ensure a comprehensive review and assess-

ment.

OMPTROLLER

ENERAL

EVIEW

.—

(1) I

N GENERAL

.—The Comptroller General of the United

States shall submit to the congressional defense committees

a review of the report described in subsection (b). Such review

shall include an assessment of—

(A) the extent to which the report addressed the ele-

ments described in paragraph (2) of such subsection;

(B) the adequacy and completeness of the assumptions

reviewed to establish the annual training requirements

of the Air Force;

incorporate the results of the report into annual training

documents; and

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130 STAT. 2089 PUBLIC LAW 114–328—DEC. 23, 2016

(D) any other matters the Comptroller General deter-

mines are relevant.

(2) B

RIEFING

.—Not later than 60 days after the date on

which the Secretary of the Air Force submits the report under

subsection (b) and prior to submitting the review required

under paragraph (1), the Comptroller General shall provide

a briefing to the congressional defense committees on the

preliminary results of the review conducted under such para-

graph.

SEC. 352. STUDY ON SPACE-AVAILABLE TRAVEL SYSTEM OF THE

DEPARTMENT OF DEFENSE.

(a) S

TUDY

EQUIRED

.—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) R

EPORT

EQUIRED

.—Not later than 180 days after entering

into a contract with a federally funded research and development

center under subsection (a), the Secretary shall submit to the

congressional defense committees a report summarizing the results

of the study conducted under such subsection.

LEMENTS

.—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

duty retirees, and dependents of such retirees that will

exist by the end of such 10-year period.

(2) Estimates of system capacity based the projections

described in paragraph (1).

(3) A discussion of the efficiency of the system and data

regarding the use of available space with respect to each cat-

egory of passengers eligible for space-available travel under

existing regulations.

(4) A description of the effect on system capacity if eligi-

bility for space-available travel is extended to—

(A) drilling reserve component personnel and depend-

ents of such personnel on international flights;

(B) dependents of reserve component retirees who are

less than 60 years of age;

international flights;

(D) drilling reserve component personnel traveling to

drilling locations; and

(E) members or former members of the Armed Forces

who have a disability rated as total, if space-available

travel is provided to such members on the same basis

as such travel is provided to members of the Armed Forces

entitled to retired or retainer pay.

(5) A discussion of logistical and management problems,

including congestion at terminals, waiting times, lodging avail-

ability, and personal hardships experienced by travelers.

10 USC 2641b

note.

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130 STAT. 2090 PUBLIC LAW 114–328—DEC. 23, 2016

(6) An evaluation of the cost of the system and whether

space-available travel is and can remain cost-neutral.

(7) An evaluation of the feasibility of expanding the cat-

egories of passengers eligible for space-available travel to

include—

(A) in the case of overseas travel, retired members

of an active or reserve component, including retired mem-

bers of reserve components, who, but for being under the

eligibility age applicable to the member under section

12731 of title 10, United States Code, would be eligible

for retired pay under chapter 1223 of such title;

(B) unremarried widows and widowers of active or

reserve component members of the Armed Forces; and

who have a disability rated as total, if space-available

travel is provided to such members on the same basis

as such travel is provided to members of the Armed Forces

entitled to retired or retainer pay.

(8) Such other factors relating to the efficiency and cost

of the system as the Secretary determines to be appropriate.

(d) A

DDITIONAL

ESPONSIBILITIES

.—In addition to carrying out

subsections (a) through (c), the Secretary of Defense shall—

(1) analyze the methods used to prioritize among the cat-

egories of individuals eligible for space-available travel and

make recommendations for—

(A) re-ordering the priority of such categories; and

(B) adding additional categories of eligible individuals;

and

(2) collect data on travelers who request but do not obtain

available travel spaces under the space-available travel system.

(e) D

ISABILITY

ATED AS

OTAL

EFINED

.—In this section, the

term ‘‘disability rated as total’’ has the meaning given the term

in section 1414(e)(3) of title 10, United States Code.

SEC. 353. EVALUATION OF MOTOR CARRIER SAFETY PERFORMANCE

AND SAFETY TECHNOLOGY.

(a) I

ENERAL

.—The Secretary of Defense shall evaluate the

need for proven safety technology in vehicles transporting shipments

under the Transportation Protective Services program of the United

States Transportation Command, including—

(1) electronic logging devices;

(2) roll stability control;

(3) forward collision avoidance systems;

(4) lane departure warning systems; and

(5) speed limiters.

(b) C

ONSIDERATIONS

.—In carrying out subsection (a), the Sec-

retary shall—

(1) consider the need to avoid catastrophic accidents and

exposure of security-sensitive materials; and

(2) take into the account the findings of the Government

Accountability Office report numbered GAO–16–82 and titled

‘‘Defense Transportation; DoD Needs to Improve the Evaluation

of Safety and Performance Information for Carriers Trans-

porting Security-Sensitive Materials’’.

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130 STAT. 2091 PUBLIC LAW 114–328—DEC. 23, 2016

TITLE IV—MILITARY PERSONNEL

AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revisions in permanent active duty end strength minimum levels.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2017 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty

for operational support.

Sec. 416. Technical corrections to annual authorization for personnel strengths.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Subtitle A—Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty

personnel as of September 30, 2017, as follows:

(1) The Army, 476,000.

(2) The Navy, 323,900.

(3) The Marine Corps, 185,000.

(4) The Air Force, 321,000.

SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH

MINIMUM LEVELS.

Section 691(b) of title 10, United States Code, is amended

by striking paragraphs (1) through (4) and inserting the following

new paragraphs:

‘‘(1) For the Army, 476,000.

‘‘(2) For the Navy, 323,900.

‘‘(3) For the Marine Corps, 185,000.

‘‘(4) For the Air Force, 321,000.’’.

Subtitle B—Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) I

ENERAL

.—The Armed Forces are authorized strengths

for Selected Reserve personnel of the reserve components as of

September 30, 2017, as follows:

(1) The Army National Guard of the United States, 343,000.

(2) The Army Reserve, 199,000.

(3) The Navy Reserve, 58,000.

(4) The Marine Corps Reserve, 38,500.

(5) The Air National Guard of the United States, 105,700.

(6) The Air Force Reserve, 69,000.

(7) The Coast Guard Reserve, 7,000.

(b) E

TRENGTH

EDUCTIONS

.—The end strengths prescribed

by subsection (a) for the Selected Reserve of any reserve component

shall be proportionately reduced by—

(1) the total authorized strength of units organized to serve

as units of the Selected Reserve of such component which

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130 STAT. 2092 PUBLIC LAW 114–328—DEC. 23, 2016

are on active duty (other than for training) at the end of

the fiscal year; and

(2) the total number of individual members not in units

organized to serve as units of the Selected Reserve of such

component who are on active duty (other than for training

or for unsatisfactory participation in training) without their

consent at the end of the fiscal year.

TRENGTH

NCREASES

.—Whenever units or individual

members of the Selected Reserve for any reserve component are

released from active duty during any fiscal year, the end strength

prescribed for such fiscal year for the Selected Reserve of such

reserve component shall be increased proportionately by the total

authorized strengths of such units and by the total number of

such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-

PORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the

reserve components of the Armed Forces are authorized, as of

September 30, 2017, the following number of Reserves to be serving

on full-time active duty or full-time duty, in the case of members

of the National Guard, for the purpose of organizing, administering,

recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 30,155.

(2) The Army Reserve, 16,261.

(3) The Navy Reserve, 9,955.

(4) The Marine Corps Reserve, 2,261.

(5) The Air National Guard of the United States, 14,764.

(6) The Air Force Reserve, 2,955.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL

STATUS).

(a) I

ENERAL

.—The authorized number of military techni-

cians (dual status) as of September 30, 2017, for the reserve compo-

nents of the Army and the Air Force (notwithstanding section

129 of title 10, United States Code) shall be the following:

(1) For the Army National Guard of the United States,

25,507.

(2) For the Army Reserve, 7,570.

(3) For the Air National Guard of the United States, 22,103.

(4) For the Air Force Reserve, 10,061.

(b) V

ARIANCE

.—Notwithstanding section 115 of title 10, United

States Code, the end strength prescribed by subsection (a) for

a reserve component specified in that subsection may be increased—

(1) by 3 percent, upon determination by the Secretary

of Defense that such action is in the national interest; and

(2) by 2 percent, upon determination by the Secretary

of the military department concerned that such action would

enhance manning and readiness in essential units or in critical

specialties or ratings.

SEC. 414. FISCAL YEAR 2017 LIMITATION ON NUMBER OF NON-DUAL

STATUS TECHNICIANS.

(a) L

IMITATIONS

.—

(1) N

ATIONAL GUARD

.—Within the limitation provided in

section 10217(c)(2) of title 10, United States Code, the number

of non-dual status technicians employed by the National Guard

as of September 30, 2017, may not exceed the following:

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130 STAT. 2093 PUBLIC LAW 114–328—DEC. 23, 2016

(A) For the Army National Guard of the United States,

1,600.

(B) For the Air National Guard of the United States,

350.

(2) A

RMY RESERVE

.—The number of non-dual status techni-

cians employed by the Army Reserve as of September 30, 2017,

may not exceed 420.

(3) A

IR 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) N

DUAL

TATUS

ECHNICIANS

EFINED

.—In this section,

the term ‘‘non-dual status technician’’ has the meaning given that

term in section 10217(a) of title 10, United States Code.

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.

During fiscal year 2017, the maximum number of members

of the reserve components of the Armed Forces who may be serving

at any time on full-time operational support duty under section

115(b) of title 10, United States Code, is the following:

(1) The Army National Guard of the United States, 17,000.

(2) The Army Reserve, 13,000.

(3) The Navy Reserve, 6,200.

(4) The Marine Corps Reserve, 3,000.

(5) The Air National Guard of the United States, 16,000.

(6) The Air Force Reserve, 14,000.

SEC. 416. TECHNICAL CORRECTIONS TO ANNUAL AUTHORIZATION FOR

PERSONNEL STRENGTHS.

Section 115 of title 10, United States Code, is amended—

(1) in subsection (b)(1)—

(A) in subparagraph (B), by striking ‘‘502(f)(2)’’ and

inserting ‘‘502(f)(1)(B)’’; and

(B) in subparagraph (C), by striking ‘‘502(f)(2)’’ and

inserting ‘‘502(f)(1)(B)’’; and

(2) in subsection (i)(7), by striking ‘‘502(f)(1)’’ and inserting

‘‘502(f)(1)(A)’’.

Subtitle C—Authorization of

Appropriations

SEC. 421. MILITARY PERSONNEL.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal year 2017 for the use

of the Armed Forces and other activities and agencies of the Depart-

ment of Defense for expenses, not otherwise provided for, for mili-

tary personnel, as specified in the funding table in section 4401.

(b) C

ONSTRUCTION OF

UTHORIZATION

.—The authorization of

appropriations in subsection (a) supersedes any other authorization

of appropriations (definite or indefinite) for such purpose for fiscal

year 2017.

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130 STAT. 2094 PUBLIC LAW 114–328—DEC. 23, 2016

TITLE V—MILITARY PERSONNEL

POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Reduction in number of general and flag officers on active duty and au-

thorized strength after December 31, 2022, of such general and flag offi-

cers.

Sec. 502. Repeal of statutory specification of general or flag officer grade for various

positions in the Armed Forces.

Sec. 503. Number of Marine Corps general officers.

Sec. 504. Promotion eligibility period for officers whose confirmation of appoint-

ment is delayed due to nonavailability to the Senate of probative infor-

mation under control of non-Department of Defense agencies.

Sec. 505. Continuation of certain officers on active duty without regard to require-

ment for retirement for years of service.

Sec. 506. Equal consideration of officers for early retirement or discharge.

Sec. 507. Modification of authority to drop from rolls a commissioned officer.

Sec. 508. Extension of force management authorities allowing enhanced flexibility

for officer personnel management.

Sec. 509. Pilot programs on direct commissions to cyber positions.

Sec. 510. Length of joint duty assignments.

Sec. 510A. Revision of definitions used for joint officer management.

Subtitle B—Reserve Component Management

Sec. 511. Authority for temporary waiver of limitation on term of service of Vice

Chief of the National Guard Bureau.

Sec. 512. Rights and protections available to military technicians.

Sec. 513. Inapplicability of certain laws to National Guard technicians performing

active Guard and Reserve duty.

Sec. 514. Extension of removal of restrictions on the transfer of officers between the

active and inactive National Guard.

Sec. 515. Extension of temporary authority to use Air Force reserve component per-

sonnel to provide training and instruction regarding pilot training.

Sec. 516. Expansion of eligibility for deputy commander of combatant command

having United States among geographic area of responsibility to include

officers of the Reserves.

Subtitle C—General Service Authorities

Sec. 521. Matters relating to provision of leave for members of the Armed Forces,

including prohibition on leave not expressly authorized by law.

Sec. 522. Transfer of provision relating to expenses incurred in connection with

leave canceled due to contingency operations.

Sec. 523. Expansion of authority to execute certain military instruments.

Sec. 524. Medical examination before administrative separation for members with

post-traumatic stress disorder or traumatic brain injury in connection

with sexual assault.

Sec. 525. Reduction of tenure on the temporary disability retired list.

Sec. 526. Technical correction to voluntary separation pay and benefits.

Sec. 527. Consolidation of Army marketing and pilot program on consolidated Army

recruiting.

Subtitle D—Member Whistleblower Protections and Correction of Military Records

Sec. 531. Improvements to whistleblower protection procedures.

Sec. 532. Modification of whistleblower protection authorities to restrict contrary

findings of prohibited personnel action by the Secretary concerned.

Sec. 533. Availability of certain Correction of Military Records and Discharge Re-

view Board information through the Internet.

Sec. 534. Improvements to authorities and procedures for the correction of military

records.

Sec. 535. Treatment by discharge review boards of claims asserting post-traumatic

stress disorder or traumatic brain injury in connection with combat or

sexual trauma as a basis for review of discharge.

Sec. 536. Comptroller General of the United States review of integrity of Depart-

ment of Defense whistleblower program.

Subtitle E—Military Justice and Legal Assistance Matters

Sec. 541. United States Court of Appeals for the Armed Forces.

Sec. 542. Effective prosecution and defense in courts-martial and pilot programs on

professional military justice development for judge advocates.

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130 STAT. 2095 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 543. Inclusion in annual reports on sexual assault prevention and response ef-

forts of the Armed Forces of information on complaints of retaliation in

connection with reports of sexual assault in the Armed Forces.

Sec. 544. Extension of the requirement for annual report regarding sexual assaults

and coordination with release of Family Advocacy Program report.

Sec. 545. Metrics for evaluating the efforts of the Armed Forces to prevent and re-

spond to retaliation in connection with reports of sexual assault in the

Armed Forces.

Sec. 546. Training for Department of Defense personnel who investigate claims of

retaliation.

Sec. 547. Notification to complainants of resolution of investigations into retalia-

tion.

Sec. 548. Modification of definition of sexual harassment for purposes of investiga-

tions by commanding officers of complaints of harassment.

Sec. 549. Improved Department of Defense prevention of and response to hazing in

the Armed Forces.

Subtitle F—National Commission on Military, National, and Public Service

Sec. 551. Purpose, scope, and definitions.

Sec. 552. Preliminary report on purpose and utility of registration system under

Military Selective Service Act.

Sec. 553. National Commission on Military, National, and Public Service.

Sec. 554. Commission hearings and meetings.

Sec. 555. Principles and procedure for Commission recommendations.

Sec. 556. Executive Director and staff.

Sec. 557. Termination of Commission.

Subtitle G—Member Education, Training, Resilience, and Transition

Sec. 561. Modification of program to assist members of the Armed Forces in obtain-

ing professional credentials.

Sec. 562. Inclusion of alcohol, prescription drug, opioid, and other substance abuse

counseling as part of required preseparation counseling.

Sec. 563. Inclusion of information in Transition Assistance Program regarding ef-

fect of receipt of both veteran disability compensation and voluntary

separation pay.

Sec. 564. Training under Transition Assistance Program on career and employment

opportunities associated with transportation security cards.

Sec. 565. Extension of suicide prevention and resilience program.

Sec. 566. Congressional notification in advance of appointments to service acad-

emies.

Sec. 567. Report and guidance on Job Training, Employment Skills Training, Ap-

prenticeships, and Internships and SkillBridge initiatives for members

of the Armed Forces who are being separated.

Sec. 568. Military-to-mariner transition.

Subtitle H—Defense Dependents’ Education and Military Family Readiness Matters

Sec. 571. Continuation of authority to assist local educational agencies that benefit

dependents of members of the Armed Forces and Department of Defense

civilian employees.

Sec. 572. One-year extension of authorities relating to the transition and support

of military dependent students to local educational agencies.

Sec. 573. Annual notice to members of the Armed Forces regarding child custody

protections guaranteed by the Servicemembers Civil Relief Act.

Sec. 574. Requirement for annual Family Advocacy Program report regarding child

abuse and domestic violence.

Sec. 575. Reporting on allegations of child abuse in military families and homes.

Sec. 576. Repeal of Advisory Council on Dependents’ Education.

Sec. 577. Support for programs providing camp experience for children of military

families.

Sec. 578. Comptroller General of the United States assessment and report on Ex-

ceptional Family Member Programs.

Sec. 579. Impact aid amendments.

Subtitle I—Decorations and Awards

Sec. 581. Posthumous advancement of Colonel George E. ‘‘Bud’’ Day, United States

Air Force, on the retired list.

Sec. 582. Authorization for award of medals for acts of valor during certain contin-

gency operations.

Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose and

James C. McCloughan for acts of valor during the Vietnam War.

Sec. 584. Authorization for award of Distinguished-Service Cross to First Lieuten-

ant Melvin M. Spruiell for acts of valor during World War II.

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130 STAT. 2096 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 585. Authorization for award of the Distinguished Service Cross to Chaplain

(First Lieutenant) Joseph Verbis LaFleur for acts of valor during World

War II.

Sec. 586. Review regarding award of Medal of Honor to certain Asian American

and Native American Pacific Islander war veterans.

Subtitle J—Miscellaneous Reports and Other Matters

Sec. 591. Repeal of requirement for a chaplain at the United States Air Force Acad-

emy appointed by the President.

Sec. 592. Extension of limitation on reduction in number of military and civilian

personnel assigned to duty with service review agencies.

Sec. 593. Annual reports on progress of the Army and the Marine Corps in inte-

grating women into military occupational specialities and units recently

opened to women.

Sec. 594. Report on feasability of electronic tracking of operational active-duty serv-

ice performed by members of the Ready Reserve of the Armed Forces.

Sec. 595. Report on discharge by warrant officers of pilot and other flight officer po-

sitions in the Navy, Marine Corps, and Air Force currently discharged

by commissioned officers.

Sec. 596. Body mass index test.

Sec. 597. Report on career progression tracks of the Armed Forces for women in

combat arms units.

Subtitle A—Officer Personnel Policy

SEC. 501. REDUCTION IN NUMBER OF GENERAL AND FLAG OFFICERS

ON ACTIVE DUTY AND AUTHORIZED STRENGTH AFTER

DECEMBER 31, 2022, OF SUCH GENERAL AND FLAG OFFI-

CERS.

(a) R

EDUCTION IN

UMBER OF

ENERAL AND

LAG

FFICERS

ECEMBER

31, 2022.—

(1) R

EQUIRED REDUCTION

.—Except as otherwise provided

by an Act enacted after the date of the enactment of this

Act that expressly modifies the requirements of this paragraph,

by not later than December 31, 2022, the Secretary of Defense

shall reduce the number of general and flag officers on active

duty by 110 from the aggregate authorized number of general

and flag officers authorized by sections 525 and 526 of title

10, United States Code, as of December 31, 2015.

(2) D

ISTRIBUTION OF AUTHORIZED POSITIONS

.—Effective as

of December 31, 2022, and reflecting the reduction required

by paragraph (1), authorized general and flag officer positions

shall be distributed among the Army, Navy, Air Force, Marine

Corps, and joint pool as follows:

(A) The Army is authorized 220 positions in the general

officer grades.

(B) The Navy is authorized 151 positions in the flag

officer grades.

general officer grades.

(D) The Marine Corps is authorized 62 positions in

the general officer grades.

(E) The joint pool is authorized 232 positions in the

general or flag officer grades, to be distributed as follows:

(i) 82 positions in the general officer grades from

the Army.

(ii) 60 positions in the flag officer grades from

the Navy.

(iii) 69 positions in the general officer grades from

the Air Force.

10 USC 525 note.

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130 STAT. 2097 PUBLIC LAW 114–328—DEC. 23, 2016

(iv) 21 positions in the general officer grades from

the Marine Corps.

(3) T

EMPORARY ADDITIONAL JOINT POOL ALLOCATION

.—In

addition to the positions authorized by paragraph (2), the 30

general and flag officer positions designated for overseas contin-

gency operations are authorized as an additional maximum

temporary allocation to the joint pool.

(b) P

LAN TO

CHIEVE

EQUIRED

EDUCTION AND

ISTRIBU

TION

.—

(1) P

LAN REQUIRED

.—Utilizing the study conducted under

subsection (c), the Secretary of Defense shall develop a plan

to achieve, by the date specified in subsection (a)(1)—

(A) the reduction required by such subsection in the

number of general and flag officers; and

(B) the distribution of authorized positions required

by subsection (a)(2).

(2) S

UBMISSION OF PLAN

.—When the budget for the Depart-

ment of Defense for fiscal year 2019 is submitted to Congress

pursuant to section 1105 of title 31, United States Code, the

Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a

report setting forth the plan developed under this subsection.

(3) P

ROGRESS REPORTS

.—The Secretary of Defense shall

include with the budget for the Department of Defense for

each of fiscal years 2020, 2021, and 2022 a report describing

and assessing the progress of the Secretary in implementing

the plan developed under this subsection.

TUDY FOR

URPOSES OF

LAN

.—

(1) S

TUDY REQUIRED

.—For purposes of complying with sub-

section (a) and preparing the plan required by subsection (b),

the Secretary of Defense shall conduct a comprehensive and

deliberate global manpower study of requirements for general

and flag officers with the goal of identifying—

(A) the requirement justification for each general or

flag officer position in terms of overall force structure,

scope of responsibility, command and control requirements,

and force readiness and execution;

(B) an additional 10 percent reduction in the aggregate

number of authorized general officer and flag officer posi-

tions after the reductions required by subsection (a); and

and flag officer positions within the reductions so identified.

(2) S

UBMISSION OF STUDY RESULTS

.—Not later than April

1, 2017, the Secretary of Defense shall submit to the Commit-

tees on Armed Services of the Senate and the House of Rep-

resentatives a report setting forth the results of the study

conducted under this subsection, including the justification for

general and flag officer position to be retained and the reduc-

tions identified by general and flag officer position.

(3) I

NTERIM REPORT

.—If practicable before the date speci-

fied in paragraph (2), the Secretary of Defense shall submit

to the Committees on Armed Services of the Senate and the

House of Representatives an interim report describing the

progress made toward the completion of the study under this

subsection, including—

(A) the specific general and flag officer positions that

have been evaluated;

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130 STAT. 2098 PUBLIC LAW 114–328—DEC. 23, 2016

(B) the results of that evaluation; and

percent reduction in the aggregate number of authorized

general officer and flag officer positions to be identified

under paragraph (1)(C) and recommendations for redis-

tribution of general and flag officer positions that have

been developed to that point.

(d) E

XCLUSIONS

.—

(1) R

ELATED TO JOINT DUTY ASSIGNMENTS

.—For purposes

of complying with subsection (a), the Secretary of Defense may

exclude—

(A) a general or flag officer released from a joint duty

assignment, but only during the 60-day period beginning

on the date the officer departs the joint duty assignment,

except that the Secretary may authorize the Secretary of

a military department to extend the 60-day period by an

additional 120 days, but not more than three officers on

active duty from each Armed Force may be covered by

the additional extension at the same time; and

(B) the number of officers required to serve in joint

duty assignments for each Armed Force as authorized by

the Secretary under section 526a(b) of title 10, United

States Code, as added by subsection (h) of this section.

(2) R

ELATED TO RELIEF FROM CHIEF OF STAFF DUTY

.—For

purposes of complying with subsection (a), the Secretary of

Defense may exclude an officer who continues to hold the

grade of general or admiral under section 601(b)(5) of title

10, United States Code, after relief from the position of Chair-

man of the Joint Chiefs of Staff, Chief of Staff of the Army,

Chief of Naval Operations, Chief of Staff of the Air Force,

or Commandant of the Marine Corps.

(3) R

ELATED TO RETIREMENT

SEPARATION

RELEASE

RELIEF

.—For purposes of complying with subsection (a), the

Secretary of Defense may exclude the following officers:

(A) An officer of an Armed Force in the grade of briga-

dier general or above or, in the case of the Navy, in the

grade of rear admiral (lower half) or above, who is on

leave pending the retirement, separation, or release of that

officer from active duty, but only during the 60-day period

beginning on the date of the commencement of such leave

of such officer.

(B) An officer of an Armed Force who has been relieved

from a position designated under section 601(a) of title

10, United States Code, or by law to carry one of the

grades specified in such section, but only during the 60-

day period beginning on the date on which the assignment

of the officer to the first position is terminated or until

the officer is assigned to a second such position, whichever

occurs first.

(e) S

ECRETARIAL

UTHORITY TO

RANT

XCEPTIONS TO

IMITA

TIONS

.—

(1) I

N GENERAL

.—Subject to paragraph (2), the Secretary

of Defense may alter the reduction otherwise required by sub-

section (a)(1) in the number of general and flag officer or

the distribution of authorized positions otherwise required by

subsection (a)(2) in the interest of the national security of

the United States.

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130 STAT. 2099 PUBLIC LAW 114–328—DEC. 23, 2016

(2) N

OTICE TO CONGRESS OF EXCEPTIONS

.—Not later than

30 days after authorizing a number of general or flag officers

in excess of the number required as a result of the reduction

required by subsection (a)(1) or altering the distribution of

authorized positions under subsection (a)(2), the Secretary of

Defense shall submit to the Committees on Armed Services

of the Senate and the House of Representatives written notice

of such exception, including a statement of the reason for

such exception and the anticipated duration of the exception.

(f) O

RDERLY

RANSITION FOR

FFICERS

ECENTLY

SSIGNED

OSITIONS TO

LIMINATED

.—

(1) C

OVERED OFFICERS

.—In order to provide an orderly

transition for personnel in general or flag officer positions to

be eliminated pursuant to the plan prepared under subsection

(b), any general or flag officer who has not completed, as

of December 31, 2022, at least 24 months in a position to

be eliminated pursuant to the plan may remain in the position

until the last day of the month that is 24 months after the

month in which the officer assumed the duties of the position.

(2) R

EPORT TO CONGRESS ON COVERED OFFICERS

.—The Sec-

retary of Defense shall include in the annual report required

by section 526(j) of title 10, United States Code, in 2020 a

description of the positions in which an officer will remain

pursuant to paragraph (1), including the latest date on which

the officer may remain in such position pursuant to that para-

graph.

(3) N

OTICE TO CONGRESS ON DETACHMENT OF COVERED OFFI

CERS

.—The Secretary of Defense shall submit to the Commit-

tees on Armed Services of the Senate and the House of Rep-

resentatives a notice on the date on which each officer covered

by paragraph (1) is detached from the officer’s position pursuant

to such paragraph.

(g) R

ELATION TO

UBSEQUENT

ENERAL OR

LAG

OMINA

TIONS

.—

(1) N

OTICE TO SENATE WITH NOMINATION

.—In order to help

achieve the requirements of the plan required by subsection

(b), effective 30 days after the commencement of the

implementation of the plan, the Secretary of Defense shall

include with each nomination of an officer to a grade above

colonel or captain (in the case of the Navy) that is forwarded

by the President to the Senate for appointment, by and with

the advice and consent of the Senate, a certification to the

Committee on Armed Services of the Senate that the appoint-

ment of the officer to the grade concerned will not interfere

with achieving the reduction required by subsection (a)(1) in

the number of general and flag officer positions or the distribu-

tion of authorized positions required by subsection (a)(2).

(2) I

MPLEMENTATION

.—Not later than 120 days after the

date of the submission of the plan required by subsection (b),

the Secretary of Defense shall revise applicable guidance of

the Department of Defense on general and flag officer

authorizations in order to ensure that—

(A) the achievement of the reductions required pursu-

ant to subsection (a) is incorporated into the planning

for the execution of promotions by the military departments

and for the joint pool;

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130 STAT. 2100 PUBLIC LAW 114–328—DEC. 23, 2016

(B) to the extent practicable, the resulting grades for

general and flag officer positions are uniformly applied

to positions of similar duties and responsibilities across

the military departments and the joint pool; and

functions and administrative and support activities and

staffs of the Department of Defense and the military

departments commensurate with the achievement of the

reductions required pursuant to subsection (a).

(h) A

UTHORIZED

TRENGTH

FTER

ECEMBER

31, 2022,

ERAL AND

LAG

FFICERS ON

CTIVE

UTY

.—

(1) I

N GENERAL

.—Chapter 32 of title 10, United States

Code, is amended by inserting after section 526 the following

new section:

‘‘§ 526a. Authorized strength after December 31, 2022: general

officers and flag officers on active duty

‘‘(a) L

IMITATIONS

.—The number of general officers on active

duty in the Army, Air Force, and Marine Corps, and the number

of flag officers on active duty in the Navy, after December 31,

2022, may not exceed the number specified for the armed force

concerned as follows:

‘‘(1) For the Army, 220.

‘‘(2) For the Navy, 151.

‘‘(3) For the Air Force, 187.

‘‘(4) For the Marine Corps, 62.

‘‘(b) L

IMITED

XCLUSION FOR

OINT

UTY

EQUIREMENTS

.—

‘‘(1) I

N GENERAL

.—The Secretary of Defense may designate

up to 232 general officer and flag officer positions that are

joint duty assignments for purposes of chapter 38 of this title

for exclusion from the limitations in subsection (a).

‘‘(2) M

INIMUM NUMBER

.—Unless the Secretary of Defense

determines that a lower number is in the best interest of

the Department of Defense, the minimum number of officers

serving in positions designated under paragraph (1) for each

armed force shall be as follows:

‘‘(A) For the Army, 75.

‘‘(B) For the Navy, 53.

‘‘(C) For the Air Force, 68.

‘‘(D) For the Marine Corps, 17.

‘‘(c) E

XCLUSION OF

ERTAIN

FFICERS

ENDING

EPARATION

ETIREMENT OR

ETWEEN

ENIOR

OSITIONS

.—The limitations

of this section do not apply to—

‘‘(1) an officer of an armed force in the grade of brigadier

general or above or, in the case of the Navy, in the grade

of rear admiral (lower half) or above, who is on leave pending

the retirement, separation, or release of that officer from active

duty, but only during the 60-day period beginning on the date

of the commencement of such leave of such officer; or

‘‘(2) an officer of an armed force who has been relieved

from a position designated under section 601(a) of this title

or by law to carry one of the grades specified in such section,

but only during the 60-day period beginning on the date on

which the assignment of the officer to the first position is

terminated or until the officer is assigned to a second such

position, whichever occurs first.

10 USC 526a.

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130 STAT. 2101 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(d) T

EMPORARY

XCLUSION FOR

SSIGNMENT TO

ERTAIN

PORARY

ILLETS

.—

‘‘(1) I

N GENERAL

.—The limitations in subsection (a) do not

apply to a general officer or flag officer assigned to a temporary

joint duty assignment designated by the Secretary of Defense.

‘‘(2) D

URATION OF EXCLUSION

.—A general officer or flag

officer assigned to a temporary joint duty assignment as

described in paragraph (1) may not be excluded under this

subsection from the limitations in subsection (a) for a period

of longer than one year.

‘‘(e) E

XCLUSION OF

FFICERS

EPARTING

ROM

OINT

UTY

SSIGNMENTS

.—The limitations in subsection (a) do not apply to

an officer released from a joint duty assignment, but only during

the 60-day period beginning on the date the officer departs the

joint duty assignment. The Secretary of Defense may authorize

the Secretary of a military department to extend the 60-day period

by an additional 120 days, except that not more than three officers

on active duty from each armed force may be covered by the

additional extension at the same time.

‘‘(f) A

CTIVE

-D

UTY

ASELINE

.—

‘‘(1) N

OTICE AND WAIT REQUIREMENTS

.—If the Secretary

of a military department proposes an action that would increase

above the baseline the number of general officers or flag officers

of an armed force under the jurisdiction of that Secretary

who would be on active duty and would count against the

statutory limit applicable to that armed force under subsection

(a), the action shall not take effect until after the end of

the 60-calendar day period beginning on the date on which

the Secretary provides notice of the proposed action, including

the rationale for the action, to the Committees on Armed Serv-

ices of the Senate and the House of Representatives.

‘‘(2) B

ASELINE DEFINED

.—In paragraph (1), the term ‘base-

line’ for an armed force means the lower of—

‘‘(A) the statutory limit of general officers or flag offi-

cers of that armed force under subsection (a); or

‘‘(B) the actual number of general officers or flag offi-

cers of that armed force who, as of January 1, 2023, counted

toward the statutory limit of general officers or flag officers

of that armed force under subsection (a).

‘‘(g) J

OINT

UTY

SSIGNMENT

ASELINE

.—

‘‘(1) N

OTICE AND WAIT REQUIREMENT

.—If the Secretary of

Defense, the Secretary of a military department, or the Chair-

man of the Joint Chiefs of Staff proposes an action that would

increase above the baseline the number of general officers

and flag officers of the armed forces in joint duty assignments

who count against the statutory limit under subsection (b)(1),

the action shall not take effect until after the end of the

60-calendar day period beginning on the date on which such

Secretary or the Chairman, as the case may be, provides notice

of the proposed action, including the rationale for the action,

to the Committees on Armed Services of the Senate and the

House of Representatives.

‘‘(2) B

ASELINE DEFINED

.—In paragraph (1), the term ‘base-

line’ means the lower of—

‘‘(A) the statutory limit on general officer and flag

officer positions that are joint duty assignments under

subsection (b)(1); or

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130 STAT. 2102 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(B) the actual number of general officers and flag

officers who, as of January 1, 2023, were in joint duty

assignments counted toward the statutory limit under sub-

section (b)(1).

‘‘(h) A

NNUAL

EPORT

.—Not later than March 1 each year, the

Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a report

specifying the following:

‘‘(1) The numbers of general officers and flag officers who,

as of January 1 of the calendar year in which the report

is submitted, counted toward the service-specific limits of sub-

section (a).

‘‘(2) The number of general officers and flag officers in

joint duty assignments who, as of such January 1, counted

toward the statutory limit under subsection (b)(1).’’.

(2) C

ONFORMING AMENDMENT

.—Section 526 of title 10,

United States Code, is amended by adding at the end the

following new subsection:

‘‘(k) C

ESSATION OF

PPLICABILITY

.—The provisions of this sec-

tion shall not apply to number of general officers and flag officers

in the armed forces after December 31, 2022. For provisions

applicable to the number of such officers after that date, see section

526a of this title.’’.

(3) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 32 of title 10, United States Code, is

amended by inserting after the item relating to section 526

the following new item:

‘‘526a. Authorized strength after December 31, 2022: general officers and flag offi-

cers on active duty.’’.

SEC. 502. REPEAL OF STATUTORY SPECIFICATION OF GENERAL OR

FLAG OFFICER GRADE FOR VARIOUS POSITIONS IN THE

ARMED FORCES.

(a) A

SSISTANTS TO

CJCS

FOR

NG M

ATTERS AND

ESERVE

TERS

.—

(1) I

N GENERAL

.—Section 155a of title 10, United States

Code, is repealed.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 5 of such title is amended by striking

the item relating to section 155a.

(b) L

EGAL

OUNSEL TO

CJCS.—Section 156 of title 10, United

States Code, is amended—

(1) by striking subsection (c); and

(2) by redesignating subsection (d) as subsection (c).

IRECTOR OF

EST

ESOURCE

ANAGEMENT

ENTER

.—Sec-

tion 196(b)(1) of title 10, United States Code, is amended by striking

the second and third sentences.

(d) D

IRECTOR OF

ISSILE

EFENSE

GENCY

.—

(1) I

N GENERAL

.—Section 203 of title 10, United States

Code, is repealed.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 8 of such title is amended by striking

the item relating to section 203.

(e) J

OINT

4-S

TAR

OSITIONS

.—Section 604(b) of title 10, United

States Code, is amended by striking paragraph (3).

10 USC 201 prec.

10 USC 151 prec.

10 USC 521 prec.

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130 STAT. 2103 PUBLIC LAW 114–328—DEC. 23, 2016

(f) S

ENIOR

EMBERS OF

ILITARY

TAFF

OMMITTEE OF

UN.—

Section 711 of title 10, United States Code, is amended by striking

the second sentence.

(g) C

HIEF OF

TAFF TO

RESIDENT

.—

(1) I

N GENERAL

.—Section 720 of title 10, United States

Code, is repealed.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 41 of such title is amended by striking

the item relating to section 720.

(h) A

TTENDING

HYSICIAN TO

ONGRESS

.—

(1) I

N GENERAL

.—Section 722 of title 10, United States

Code, is repealed.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 41 of such title is amended by striking

the item relating to section 722.

(i) P

HYSICIAN TO

HITE

OUSE

.—

(1) I

N GENERAL

.—Section 744 of title 10, United States

Code, is repealed.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 43 of such title is amended by striking

the item relating to section 744.

(j) C

HIEF OF

EGISLATIVE

IAISON OF THE

RMY

.—Section

3023(a) of title 10, United States Code, is amended by striking

the second sentence.

(k) C

HIEFS OF

RANCHES OF THE

RMY

.—Section 3036(b) of

title 10, United States Code, is amended in the flush matter fol-

lowing paragraph (2)—

(1) by striking the first sentence; and

(2) in the second sentence, by striking ‘‘, and while so

serving, has the grade of lieutenant general’’.

(l) J

UDGE

DVOCATE

ENERAL OF THE

RMY

.—Section 3037(a)

of title 10, United States Code, is amended by striking the last

two sentences.

(m) C

HIEF OF

RMY

ESERVE

.—Section 3038(c) of title 10,

United States Code, is amended—

(1) in the subsection heading, by striking ‘‘; G

RADE

’’;

(2) by striking ‘‘(1)’’; and

(3) by striking paragraph (2).

(n) D

EPUTY AND

SSISTANT

HIEFS OF

RANCHES OF THE

RMY

.—

(1) I

N GENERAL

.—Section 3039 of title 10, United States

Code, is repealed.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 305 of such title is amended by striking

the item relating to section 3039.

(o) C

HIEF OF

RMY

URSE

ORPS

.—Section 3069(b) of title

10, United States Code, is amended by striking the second sentence.

(p) A

SSISTANT

HIEFS OF

RMY

EDICAL

PECIALIST

ORPS

.—

(1) I

N GENERAL

.—Section 3070 of title 10, United States

Code, is amended—

(A) in subsection (a), by striking ‘‘and assistant chiefs’’;

(B) by striking subsection (c); and

(2) C

ONFORMING AMENDMENT

.—The heading of such section

is amended to read as follows:

10 USC 3031

prec.

10 USC 741 prec.

10 USC 711 prec.

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130 STAT. 2104 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘§ 3070. Army Medical Specialist Corps: organization; Chief’’.

(3) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 307 of such title is amended by striking

the item relating to section 3070 and inserting the following

new item:

‘‘3070. Army Medical Specialist Corps: organization; Chief.’’.

(q) J

UDGE

DVOCATE

ENERAL

’

ORPS OF THE

RMY

.—Section

3072 of title 10, United States Code, is amended—

(1) by striking paragraph (3); and

(2) by redesignating paragraphs (4) and (5) as paragraphs

(3) and (4), respectively.

(r) C

HIEF OF

ETERINARY

ORPS OF THE

RMY

.—

(1) I

N GENERAL

.—Section 3084 of title 10, United States

Code, is amended by striking the second sentence.

(2) C

ONFORMING AMENDMENT

.—The heading of such section

is amended to read as follows:

‘‘§ 3084. Chief of Veterinary Corps’’.

(3) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 307 of such title is amended by striking

the item relating to section 3084 and inserting the following

new item:

‘‘3084. Chief of Veterinary Corps.’’.

(s) A

RMY

IDES

.—

(1) I

N GENERAL

.—Section 3543 of title 10, United States

Code, is repealed.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 343 of such title is amended by striking

the item relating to section 3543.

(t) P

RINCIPAL

ILITARY

EPUTY TO

SSISTANT

ECRETARY OF

THE

AVY FOR

RD&A.—Section 5016(b)(4)(B) of title 10, United

States Code, is amended by striking ‘‘a vice admiral of the Navy

or a lieutenant general of the Marine Corps’’ and inserting ‘‘an

officer of the Navy or the Marine Corps’’.

(u) C

HIEF OF

AVAL

ESEARCH

.—Section 5022 of title 10,

United States Code, is amended—

(1) by striking ‘‘(1)’’; and

(2) by striking paragraph (2).

(v) C

HIEF OF

EGISLATIVE

FFAIRS OF THE

AVY

.—Section

5027(a) of title 10, United States Code, is amended by striking

the second sentence.

(w) D

IRECTOR FOR

XPEDITIONARY

ARFARE

.—Section 5038 of

title 10, United States Code, is amended—

(1) by striking subsection (b); and

(2) by redesignating subsections (c) and (d) as subsections

(b) and (c), respectively.

(x) SJA

OMMANDANT OF THE

ARINE

ORPS

.—Section

5046(a) of title 10, United States Code, is amended by striking

the last sentence.

(y) L

EGISLATIVE

SSISTANT TO

OMMANDANT OF THE

ARINE

ORPS

.—Section 5047 of title 10, United States Code, is amended

by striking the second sentence.

(z) B

UREAU

HIEFS OF THE

AVY

.—

(1) I

N GENERAL

.—Section 5133 of title 10, United States

Code, is repealed.

10 USC 3531

prec.

10 USC 3061

prec.

10 USC 3061

prec.

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130 STAT. 2105 PUBLIC LAW 114–328—DEC. 23, 2016

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 513 of such title is amended by striking

the item relating to section 5133.

(aa) C

HIEF OF

ENTAL

ORPS OF THE

AVY

.—Section 5138

of title 10, United States Code, is amended—

(1) in subsection (a), by striking ‘‘not below the grade

of rear admiral (lower half)’’; and

(2) in subsection (c), by striking the first sentence.

(bb) B

UREAU OF

AVAL

ERSONNEL

.—

(1) I

N GENERAL

.—Section 5141 of title 10, United States

Code, is amended—

(A) in subsection (a), by striking the first sentence;

and

(B) in subsection (b), by striking the first sentence.

(2) C

ONFORMING AMENDMENT

.—The heading of such section

is amended to read as follows:

‘‘§ 5141. Chief of Naval Personnel; Deputy Chief of Naval

Personnel’’.

(3) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 513 of such title is amended by striking

the item relating to section 5141 and inserting the following

new item:

‘‘5141. Chief of Naval Personnel; Deputy Chief of Naval Personnel.’’.

(cc) C

HIEF OF

HAPLAINS OF THE

AVY

.—Section 5142 of title

10, United States Code, is amended by striking subsection (e).

(dd) C

HIEF OF

AVY

ESERVE

.—Section 5143(c) of title 10,

United States Code, is amended—

(1) in the subsection heading, by striking ‘‘; G

RADE

’’;

(2) by striking ‘‘(1)’’; and

(3) by striking paragraph (2).

(ee) C

OMMANDER

, M

ARINE

ORCES

ESERVE

.—Section 5144(c)

of title 10, United States Code, is amended—

(1) in the subsection heading, by striking ‘‘; G

RADE

’’;

(2) by striking ‘‘(1)’’; and

(3) by striking paragraph (2).

(ff) J

UDGE

DVOCATE

ENERAL OF THE

AVY

.—Section 5148(b)

of title 10, United States Code, is amended by striking the last

sentence.

(gg) D

EPUTY AND

SSISTANT

UDGE

DVOCATES

ENERAL OF

THE

AVY

.—Section 5149 of title 10, United States Code, is

amended—

(1) in subsection (a)(1)—

(A) in the first sentence, by striking ‘‘, by and with

the advice and consent of the Senate,’’; and

(B) by striking the second sentence; and

(2) in each of subsections (b) and (c), by striking the second

and last sentences.

(hh) C

HIEFS OF

TAFF

ORPS OF THE

AVY

.—Section 5150 of

title 10, United States Code, is amended—

(1) in subsection (b)(2), by striking ‘‘Subject to subsection

(c), the Secretary’’ and inserting ‘‘The Secretary’’; and

(2) by striking subsection (c).

(ii) P

RINCIPAL

ILITARY

EPUTY TO

SSISTANT

ECRETARY OF

THE

ORCE FOR

CQUISITION

.—Section 8016(b)(4)(B) of title

10 USC 5131

prec.

10 USC 5131

prec.

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130 STAT. 2106 PUBLIC LAW 114–328—DEC. 23, 2016

10, United States Code, is amended by striking ‘‘a lieutenant gen-

eral’’ and inserting ‘‘an officer’’.

(jj) C

HIEF OF

EGISLATIVE

IAISON OF THE

ORCE

.—Section

8023(a) of title 10, United States Code, is amended by striking

the second sentence.

(kk) J

UDGE

DVOCATE

ENERAL AND

EPUTY

UDGE

DVOCATE

ENERAL OF THE

ORCE

.—Section 8037 of title 10, United

States Code, is amended—

(1) in subsection (a), by striking the last sentence; and

(2) in subsection (d)(1), by striking the last sentence.

(ll) C

HIEF OF THE

ORCE

ESERVE

.—Section 8038(c) of

title 10, United States Code, is amended—

(1) in the subsection heading, by striking ‘‘; G

RADE

’’;

(2) by striking ‘‘(1)’’; and

(3) by striking paragraph (2).

(mm) C

HIEF OF

HAPLAINS OF THE

ORCE

.—Section 8039

of title 10, United States Code, is amended—

(1) in subsection (a)(1)—

(A) by striking subparagraph (A); and

(B) by redesignating subparagraphs (B) and (C) as

subparagraphs (A) and (B), respectively; and

(2) by striking subsection (c).

(nn) C

HIEF OF

ORCE

URSES

.—

(1) I

N GENERAL

.—Section 8069 of title 10, United States

Code, is amended—

(A) in subsection (a)—

(i) in the subsection heading, by striking ‘‘P

OSI

TIONS OF

HIEF AND

SSISTANT

HIEF

’’ and inserting

‘‘P

OSITION OF

HIEF

’’; and

(ii) by striking ‘‘and assistant chief’’;

(B) in subsection (b), by striking the second sentence;

and

(2) C

ONFORMING AMENDMENT

.—The heading of such section

is amended to read as follows:

‘‘§ 8069. Air Force nurses: Chief; appointment’’.

(3) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 807 of such title is amended by striking

the item relating to section 8069 and inserting the following

new item:

‘‘8069. Air Force nurses: Chief; appointment.’’.

(oo) A

SSISTANT

URGEON

ENERAL FOR

ENTAL

ERVICES OF

THE

ORCE

.—Section 8081 of title 10, United States Code,

is amended by striking the second sentence.

(pp) A

ORCE

IDES

.—

(1) I

N GENERAL

.—Section 8543 of title 10, United States

Code, is repealed.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 843 of such title is amended by striking

the item relating to section 8543.

(qq) D

EAN OF

ACULTY OF THE

ORCE

CADEMY

.—Section

9335(b) of title 10, United States Code, is amended by striking

the first and third sentences.

(rr) V

ICE

HIEF OF THE

ATIONAL

UARD

UREAU

.—Section

10505(a) of title 10, United States Code, is amended—

10 USC 8531

prec.

10 USC 8061

prec.

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130 STAT. 2107 PUBLIC LAW 114–328—DEC. 23, 2016

(1) in subsection (a)(1)—

(A) in subparagraph (C), by adding ‘‘and’’ at the end;

(B) in subparagraph (D), by striking ‘‘; and’’ at the

end and inserting a period; and

(2) by striking subsection (c).

(ss) O

THER

ENIOR

ATIONAL

UARD

UREAU

FFICERS

.—Sec-

tion 10506(a)(1) of title 10, United States Code, is amended in

each of subparagraphs (A) and (B)—

(1) by striking ‘‘general’’; and

(2) by striking ‘‘, and shall hold the grade of lieutenant

general while so serving,’’.

SEC. 503. NUMBER OF MARINE CORPS GENERAL OFFICERS.

(a) D

ISTRIBUTION OF

OMMISSIONED

FFICERS ON

CTIVE

UTY

ENERAL

FFICER AND

LAG

FFICER

RADES

.—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) G

ENERAL AND

LAG

FFICERS ON

CTIVE

UTY

.—Section

526(a)(4) of such title is amended by striking ‘‘61’’ and inserting

‘‘62’’.

EPUTY

OMMANDANTS

.—Section 5045 of such title is

amended by striking ‘‘six’’ and inserting ‘‘seven’’.

SEC. 504. PROMOTION ELIGIBILITY PERIOD FOR OFFICERS WHOSE

CONFIRMATION OF APPOINTMENT IS DELAYED DUE TO

NONAVAILABILITY TO THE SENATE OF PROBATIVE

INFORMATION UNDER CONTROL OF NON-DEPARTMENT OF

DEFENSE AGENCIES.

Section 629(c) of title 10, United States Code, is amended—

(1) by redesignating paragraph (3) as paragraph (4); and

(2) by inserting after paragraph (2) the following new para-

graph (3):

‘‘(3) Paragraph (1) does not apply when the Senate is not

able to obtain information necessary to give its advice and consent

to the appointment concerned because that information is under

the control of a department or agency of the Federal Government

other than the Department of Defense.’’.

SEC. 505. CONTINUATION OF CERTAIN OFFICERS ON ACTIVE DUTY

WITHOUT REGARD TO REQUIREMENT FOR RETIREMENT

FOR YEARS OF SERVICE.

(a) A

UTHORITY FOR

ONTINUATION ON

CTIVE

UTY

.—

(1) I

N GENERAL

.—Subchapter IV of chapter 36 of title 10,

United States Code, is amended by inserting after section 637

the following new section:

‘‘§ 637a. Continuation on active duty: officers in certain mili-

tary specialties and career tracks

‘‘(a) I

ENERAL

.—The Secretary of the military department

concerned may authorize an officer in a grade above grade O–

4 to remain on active duty after the date otherwise provided for

the retirement of the officer in section 633, 634, 635, or 636 of

this title, as applicable, if the officer has a military occupational

10 USC 637a.

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130 STAT. 2108 PUBLIC LAW 114–328—DEC. 23, 2016

specialty, rating, or specialty code in a military specialty designated

pursuant to subsection (b).

‘‘(b) M

ILITARY

PECIALTIES

.—Each Secretary of a military

department shall designate the military specialties in which a mili-

tary occupational specialty, rating, or specialty code, as applicable,

assigned to members of the armed forces under the jurisdiction

of such Secretary authorizes the members to be eligible for continu-

ation on active duty as provided in subsection (a).

‘‘(c) D

URATION OF

ONTINUATION

.—An officer continued on

active duty pursuant to this section shall, if not earlier retired,

be retired on the first day of the month after the month in which

the officer completes 40 years of active service.

‘‘(d) R

EGULATIONS

.—The Secretaries of the military depart-

ments shall carry out this section in accordance with regulations

prescribed by the Secretary of Defense. The regulations shall specify

the criteria to be used by the Secretaries of the military departments

in designating military specialities for purposes of subsection (b).’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of subchapter IV of chapter 36 of title 10, United

States Code, is amended by inserting after the item relating

to section 637 the following new item:

‘‘637a. Continuation on active duty: officers in certain military specialties and career

tracks.’’.

(b) C

ONFORMING

MENDMENTS

.—The following provisions of

title 10, United States Code, are amended by inserting ‘‘or 637a’’

after ‘‘637(b)’’:

(1) Section 633(a).

(2) Section 634(a).

(3) Section 635.

(4) Section 636(a).

SEC. 506. EQUAL CONSIDERATION OF OFFICERS FOR EARLY RETIRE-

MENT OR DISCHARGE.

Section 638a of title 10, United States Code, is amended—

(1) in subsection (b), by adding at the end the following

new paragraph:

‘‘(4) Convening selection boards under section 611(b) of

this title to consider for early retirement or discharge regular

officers on the active-duty list in a grade below lieutenant

colonel or commander—

‘‘(A) who have served at least one year of active duty

in the grade currently held; and

‘‘(B) whose names are not on a list of officers rec-

ommended for promotion.’’;

(2) by redesignating subsection (e) as subsection (f); and

(3) by inserting after subsection (d) the following new sub-

section (e):

‘‘(e)(1) In the case of action under subsection (b)(4), the Sec-

retary of the military department concerned shall specify the total

number of officers described in that subsection that a selection

board convened under section 611(b) of this title pursuant to the

authority of that subsection may recommend for early retirement

or discharge. Officers who are eligible, or are within two years

of becoming eligible, to be retired under any provision of law (other

than by reason of eligibility pursuant to section 4403 of the National

Defense Authorization Act for Fiscal Year 1993 (Public Law 102–

484)), if selected by the board, shall be retired or retained until

10 USC 637 prec.

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130 STAT. 2109 PUBLIC LAW 114–328—DEC. 23, 2016

becoming eligible to retire under section 3911, 6323, or 8911 of

this title, and those officers who are otherwise ineligible to retire

under any provision of law shall, if selected by the board, be

discharged.

‘‘(2) In the case of action under subsection (b)(4), the Secretary

of the military department concerned may submit to a selection

board convened pursuant to that subsection—

‘‘(A) the names of all eligible officers described in that

subsection, whether or not they are eligible to be retired under

any provision of law, in a particular grade and competitive

category; or

‘‘(B) the names of all eligible officers described in that

subsection in a particular grade and competitive category,

whether or not they are eligible to be retired under any provi-

sion of law, who are also in particular year groups, specialties,

or retirement categories, or any combination thereof, with that

competitive category.

‘‘(3) The number of officers specified under paragraph (1) may

not be more than 30 percent of the number of officers considered.

‘‘(4) An officer who is recommended for discharge by a selection

board convened pursuant to the authority of subsection (b)(4) and

whose discharge is approved by the Secretary concerned shall be

discharged on a date specified by the Secretary concerned.

‘‘(5) Selection of officers for discharge under this subsection

shall be based on the needs of the service.’’.

SEC. 507. MODIFICATION OF AUTHORITY TO DROP FROM ROLLS A

COMMISSIONED OFFICER.

Section 1161(b) of title 10, United States Code, is amended

by inserting ‘‘or the Secretary of Defense, or in the case of a

commissioned officer of the Coast Guard, the Secretary of the

department in which the Coast Guard is operating when it is

not operating in the Navy,’’ after ‘‘President’’.

SEC. 508. EXTENSION OF FORCE MANAGEMENT AUTHORITIES

ALLOWING ENHANCED FLEXIBILITY FOR OFFICER PER-

SONNEL MANAGEMENT.

(a) T

EMPORARY

ARLY

ETIREMENT

UTHORITY

.—Section

4403(i) of the National Defense Authorization Act for Fiscal Year

1993 (10 U.S.C. 1293 note) is amended by striking ‘‘December

31, 2018’’ and inserting ‘‘December 31, 2025’’.

(b) C

ONTINUATION ON

CTIVE

UTY

.—Section 638a(a)(2) of title

10, United States Code, is amended by striking ‘‘December 31,

2018’’ and inserting ‘‘December 31, 2025’’.

OLUNTARY

EPARATION

.—Section 1175a(k)(1) of such

title is amended by striking ‘‘December 31, 2018’’ and inserting

‘‘December 31, 2025’’.

(d) S

ERVICE

-G

RADE

AIVERS

.—Section 1370(a)(2)(F) of such

title is amended by striking ‘‘2018’’ and inserting ‘‘2025’’.

SEC. 509. PILOT PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSI-

TIONS.

(a) P

ILOT

ROGRAMS

UTHORIZED

.—Each Secretary of a military

department may carry out a pilot program to improve the ability

of an Armed Force under the jurisdiction of the Secretary to recruit

cyber professionals.

(b) E

LEMENTS

.—Under a pilot program established under this

section, an individual who meets educational, physical, and other

10 USC 503 note.

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130 STAT. 2110 PUBLIC LAW 114–328—DEC. 23, 2016

requirements determined appropriate by the Secretary of the mili-

tary department concerned may receive an original appointment

as a commissioned officer in a cyber specialty.

ONSULTATION

.—In developing a pilot program for the Army

or the Air Force under this section, the Secretary of the Army

and the Secretary of the Air Force may consult with the Secretary

of the Navy with respect to an existing, similar program carried

out by the Secretary of the Navy.

(d) D

URATION

.—

(1) C

OMMENCEMENT

.—The Secretary of a military depart-

ment may commence a pilot program under this section on

or after January 1, 2017.

(2) T

ERMINATION

.—All pilot programs under this section

shall terminate no later than December 31, 2022.

(e) S

TATUS

EPORT

.—Not later than January 1, 2020, each

Secretary of a military department who conducts a pilot program

under this section shall submit to the Committees on Armed Serv-

ices of the Senate and the House of Representatives a report con-

taining an evaluation of the success of the program in obtaining

skilled cyber personnel for the Armed Forces.

SEC. 510. LENGTH OF JOINT DUTY ASSIGNMENTS.

(a) I

ENERAL

.—Subsection (a) of section 664 of title 10,

United States Code, is amended by striking ‘‘assignment—’’ and

all that follows and inserting ‘‘assignment shall be not less than

two years.’’.

(b) R

EPEAL OF

UTHORITY FOR

HORTER

ENGTH FOR

FFICERS

NITIALLY

SSIGNED TO

RITICAL

CCUPATIONAL

PECIALTIES

.—

Such section is further amended by striking subsection (c).

XCLUSIONS

ROM

OUR

ENGTH

.—Subsection (d) of such

section is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘the

standards prescribed in subsection (a)’’ and inserting ‘‘the

requirement in subsection (a)’’;

(2) in paragraph (1)(D), by striking ‘‘assignment—’’ and

all that follows and inserting ‘‘assignment as prescribed by

the Secretary of Defense in regulations.’’;

(3) by striking paragraph (2);

(4) by redesignating paragraph (3) as paragraph (2); and

(5) in paragraph (2), as redesignated by paragraph (4)

of this subsection, by striking ‘‘the applicable standard pre-

scribed in subsection (a)’’ and inserting ‘‘the requirement in

subsection (a)’’.

(d) R

EPEAL OF

VERAGE

OUR

ENGTH

EQUIREMENTS

.—Such

section is further amended by striking subsection (e).

(e) F

ULL

OUR OF

UTY

.—Subsection (f) of such section is

amended—

(1) in paragraph (1), by striking ‘‘standards prescribed in

subsection (a)’’ and inserting ‘‘the requirement in subsection

(a)’’;

(2) by striking paragraphs (2) and (4);

(3) by redesignating paragraphs (3), (5), and (6) as para-

graphs (2), (3), and (4), respectively; and

(4) in paragraph (4), as redesignated by paragraph (3)

of this subsection, by striking ‘‘, but not less than two years’’.

(f) C

ONSTRUCTIVE

REDIT

.—Subsection (h) of such section is

amended—

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130 STAT. 2111 PUBLIC LAW 114–328—DEC. 23, 2016

(1) by striking ‘‘(1)’’;

(2) by striking ‘‘accord’’ and inserting ‘‘award’’; and

(3) by striking paragraph (2).

(g) C

ONFORMING

MENDMENTS

.—Such section is further

amended—

(1) by redesignating subsections (d), (f), (g), and (h), as

amended by this section, as subsections (c), (d), (e), and (f),

respectively;

(2) in paragraph (2) of subsection (c), as so redesignated

and amended, by striking ‘‘subsection (f)(3)’’ and inserting ‘‘sub-

section (d)(2)’’.

(3) paragraph (2) of subsection (d), as so redesignated and

amended, by striking ‘‘subsection (g)’’ and inserting ‘‘subsection

(e)’’;

(4) in subsection (e), as so redesignated and amended,

by striking ‘‘subsection (f)(3)’’ and inserting ‘‘subsection (d)(2)’’;

and

(5) in subsection (f), as so redesignated and amended, by

striking ‘‘paragraphs (1), (2), and (4) of subsection (f)’’ and

inserting ‘‘subsection (d)(1)’’.

SEC. 510A. REVISION OF DEFINITIONS USED FOR JOINT OFFICER

MANAGEMENT.

(a) D

EFINITION OF

OINT

ATTERS

.—Paragraph (1) of section

668(a) of title 10, United States Code, is amended to read as

follows:

‘‘(1) In this chapter, the term ‘joint matters’ means matters

related to any of the following:

‘‘(A) The development or achievement of strategic objectives

through the synchronization, coordination, and organization of

integrated forces in operations conducted across domains, such

as land, sea, or air, in space, or in the information environment,

including matters relating to any of the following:

‘‘(i) National military strategy.

‘‘(ii) Strategic planning and contingency planning.

‘‘(iii) Command and control, intelligence, fires, move-

ment and maneuver, protection or sustainment of oper-

ations under unified command.

‘‘(iv) National security planning with other depart-

ments and agencies of the United States.

‘‘(v) Combined operations with military forces of allied

nations.

‘‘(B) Acquisition matters conducted by members of the

armed forces and covered under chapter 87 of this title involved

in developing, testing, contracting, producing, or fielding of

multi-service programs or systems.

‘‘(C) Other matters designated in regulation by the Sec-

retary of Defense in consultation with the Chairman of the

Joint Chiefs of Staff.’’.

(b) D

EFINITION OF

NTEGRATED

ORCES

.—Section 668(a)(2) of

title 10, United States Code, is amended in the matter preceding

subparagraph (A)—

(1) by striking ‘‘integrated military forces’’ and inserting

‘‘integrated forces’’; and

(2) by striking ‘‘the planning or execution (or both) of

operations involving’’ and inserting ‘‘achieving unified action

with’’.

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130 STAT. 2112 PUBLIC LAW 114–328—DEC. 23, 2016

EFINITION OF

OINT

UTY

SSIGNMENT

.—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) R

EPEAL OF

EFINITION OF

RITICAL

CCUPATIONAL

CIALITY

.—Section 668 of title 10, United States Code, is amended

by striking subsection (d).

Subtitle B—Reserve Component

Management

SEC. 511. AUTHORITY FOR TEMPORARY WAIVER OF LIMITATION ON

TERM OF SERVICE OF VICE CHIEF OF THE NATIONAL

GUARD BUREAU.

Section 10505(a)(4) of title 10, United States Code, is amended

by striking ‘‘paragraph (3)(B) for a limited period of time’’ and

inserting ‘‘paragraph (3) for not more than 90 days’’.

SEC. 512. RIGHTS AND PROTECTIONS AVAILABLE TO MILITARY

TECHNICIANS.

(a) I

ENERAL

.—Section 709 of title 32, United States Code,

is amended—

(1) in subsection (f)—

(A) in paragraph (4), by striking ‘‘; and’’ and inserting

‘‘when the appeal concerns activity occurring while the

member is in a military pay status, or concerns fitness

for duty in the reserve components;’’;

(B) by redesignating paragraph (5) as paragraph (6);

and

paragraph (5):

‘‘(5) with respect to an appeal concerning any activity not

covered by paragraph (4), the provisions of sections 7511, 7512,

and 7513 of title 5, and section 717 of the Civil Rights Act

of 1991 (42 U.S.C. 2000e–16) shall apply; and’’; and

(2) in subsection (g), by striking ‘‘Sections’’ and inserting

‘‘Except as provided in subsection (f), sections’’.

(b) D

EFINITIONS

.—Section 709 of title 32, United States Code,

is further amended by adding at the end the following new sub-

section:

‘‘(j) In this section:

‘‘(1) The term ‘military pay status’ means a period of service

where the amount of pay payable to a technician for that

service is based on rates of military pay provided for under

title 37.

‘‘(2) The term ‘fitness for duty in the reserve components’

refers only to military-unique service requirements that attend

to military service generally, including service in the reserve

components or service on active duty.’’.

ONFORMING

MENDMENT

.—Section 7511(b) of title 5,

United States Code, is amended by striking paragraph (5).

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130 STAT. 2113 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 513. INAPPLICABILITY OF CERTAIN LAWS TO NATIONAL GUARD

TECHNICIANS PERFORMING ACTIVE GUARD AND RESERVE

DUTY.

Section 709(g) of title 32, United States Code, as amended

by section 512(a)(2), is further amended—

(1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) In addition to the sections referred to in paragraph (1),

section 6323(a)(1) of title 5 also does not apply to a person employed

under this section who is performing active Guard and Reserve

duty (as that term is defined in section 101(d)(6) of title 10).’’.

SEC. 514. EXTENSION OF REMOVAL OF RESTRICTIONS ON THE

TRANSFER OF OFFICERS BETWEEN THE ACTIVE AND INAC-

TIVE NATIONAL GUARD.

Section 512 of the National Defense Authorization Act for Fiscal

Year 2014 (Public Law 113–66; 127 Stat. 752; 32 U.S.C. prec.

301 note) is amended—

(1) in subsection (a) in the matter preceding paragraph

(1), by striking ‘‘December 31, 2016’’ and inserting ‘‘December

31, 2019’’; and

(2) in subsection (b) in the matter preceding paragraph

(1), by striking ‘‘December 31, 2016’’ and inserting ‘‘December

31, 2019’’.

SEC. 515. EXTENSION OF TEMPORARY AUTHORITY TO USE AIR FORCE

RESERVE COMPONENT PERSONNEL TO PROVIDE

TRAINING AND INSTRUCTION REGARDING PILOT

TRAINING.

Section 514(a)(1) of the National Defense Authorization Act

for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 810) is amended

by inserting ‘‘and fiscal year 2017’’ after ‘‘During fiscal year 2016’’.

SEC. 516. EXPANSION OF ELIGIBILITY FOR DEPUTY COMMANDER OF

COMBATANT COMMAND HAVING UNITED STATES AMONG

GEOGRAPHIC AREA OF RESPONSIBILITY TO INCLUDE

OFFICERS OF THE RESERVES.

Section 164(e)(4) of title 10, United States Code, is amended—

(1) by striking ‘‘the National Guard’’ and inserting ‘‘a

reserve component of the armed forces’’; and

(2) by striking ‘‘a National Guard officer’’ and inserting

‘‘a reserve component officer’’.

Subtitle C—General Service Authorities

SEC. 521. MATTERS RELATING TO PROVISION OF LEAVE FOR MEMBERS

OF THE ARMED FORCES, INCLUDING PROHIBITION ON

LEAVE NOT EXPRESSLY AUTHORIZED BY LAW.

(a) P

RIMARY AND

ECONDARY

AREGIVER

EAVE

.—Section 701

of title 10, United States Code, is amended—

(1) by striking subsections (i) and (j); and

(2) by inserting after subsection (h) the following new sub-

sections (i) and (j):

‘‘(i)(1)(A) Under regulations prescribed by the Secretary of

Defense, a member of the armed forces described in paragraph

(2) who is the primary caregiver in the case of the birth of a

child is allowed up to twelve weeks of total leave, including up

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130 STAT. 2114 PUBLIC LAW 114–328—DEC. 23, 2016

to six weeks of medical convalescent leave, to be used in connection

with such birth.

‘‘(B) Under the regulations prescribed for purposes of this sub-

section, a member of the armed forces described in paragraph

(2) who is the primary caregiver in the case of the adoption of

a child is allowed up to six weeks of total leave to be used in

connection with such adoption.

‘‘(2) Paragraph (1) applies to the following members:

‘‘(A) A member on active duty.

‘‘(B) A member of a reserve component performing active

Guard and Reserve duty.

‘‘(C) A member of a reserve component subject to an active

duty recall or mobilization order in excess of 12 months.

‘‘(3) The Secretary shall prescribe in the regulations referred

to in paragraph (1) a definition of the term ‘primary caregiver’

for purposes of this subsection.

‘‘(4) Notwithstanding paragraph (1)(A), a member may receive

more than six weeks of medical convalescent leave in connection

with the birth of a child, but only if the additional medical convales-

cent leave—

‘‘(A) is specifically recommended, in writing, by the medical

provider of the member to address a diagnosed medical condi-

tion; and

‘‘(B) is approved by the commander of the member.

‘‘(5) Any leave taken by a member under this subsection,

including leave under paragraphs (1) and (4), may be taken only

in one increment in connection with such birth or adoption.

‘‘(6)(A) Any leave authorized by this subsection that is not

taken within one year of such birth or adoption shall be forfeited.

‘‘(B) Any leave authorized by this subsection for a member

of a reserve component on active duty that is not taken by the

time the member is separated from active duty shall be forfeited

at that time.

‘‘(7) The period of active duty of a member of a reserve compo-

nent may not be extended in order to permit the member to take

leave authorized by this subsection.

‘‘(8) Under the regulations prescribed for purposes of this sub-

section, a member taking leave under paragraph (1) may, as a

condition for taking such leave, be required—

‘‘(A) to accept an extension of the member’s current service

obligation, if any, by one week for every week of leave taken

under paragraph (1); or

‘‘(B) to incur a reduction in the member’s leave account

by one week for every week of leave taken under paragraph

(1).

‘‘(9)(A) Leave authorized by this subsection is in addition to

any other leave provided under other provisions of this section.

‘‘(B) Medical convalescent leave under paragraph (4) is in addi-

tion to any other leave provided under other provisions of this

subsection.

‘‘(10)(A) Subject to subparagraph (B), a member taking leave

under paragraph (1) during a period of obligated service shall

not be eligible for terminal leave, or to sell back leave, at the

end such period of obligated service.

‘‘(B) Under the regulations for purposes of this subsection,

the Secretary concerned may waive, whether in whole or in part,

the applicability of subparagraph (A) to a member who reenlists

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130 STAT. 2115 PUBLIC LAW 114–328—DEC. 23, 2016

at the end of the member’s period of obligated service described

in that subparagraph if the Secretary determines that the waiver

is in the interests of the armed force concerned.

‘‘(j)(1) Under regulations prescribed by the Secretary of Defense,

a member of the armed forces described in subsection (i)(2) who

is the secondary caregiver in the case of the birth of a child or

the adoption of a child is allowed up to 21 days of leave to be

used in connection with such birth or adoption.

‘‘(2) The Secretary shall prescribe in the regulations referred

to in paragraph (1) a definition of the term ‘secondary caregiver’

for purposes of this subsection.

‘‘(3) Any leave taken by a member under this subsection may

be taken only in one increment in connection with such birth

or adoption.

‘‘(4) Under the regulations prescribed for purposes of this sub-

section, paragraphs (6) through (10) of subsection (i) (other than

paragraph (9)(B) of such subsection) shall apply to leave, and the

taking of leave, authorized by this subsection.’’.

(b) P

ROHIBITION ON

EAVE

XPRESSLY

UTHORIZED BY

.—

(1) P

ROHIBITION

.—Chapter 40 of title 10, United States

Code, is amended by inserting after section 704 the following

new section:

‘‘§ 704a. Administration of leave: prohibition on authorizing,

granting, or assigning leave not expressly author-

ized by law

‘‘No member or category of members of the armed forces may

be authorized, granted, or assigned leave, including uncharged

leave, not expressly authorized by a provision of this chapter or

another statute unless expressly authorized by an Act of Congress

enacted after the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2017.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 40 of title 10, United States Code, is

amended by inserting after the item relating to section 704

the following new item:

‘‘704a. Administration of leave: prohibition on authorizing, granting, or assigning

leave not expressly authorized by law.’’.

SEC. 522. TRANSFER OF PROVISION RELATING TO EXPENSES

INCURRED IN CONNECTION WITH LEAVE CANCELED DUE

TO CONTINGENCY OPERATIONS.

(a) E

NACTMENT IN

ITLE

10, U

NITED

TATES

ODE

UTHORITY FOR

EIMBURSEMENT OF

XPENSES

.—Chapter 40 of title

10, United States Code, is amended by inserting after section 709

the following new section:

‘‘§ 709a. Expenses incurred in connection with leave canceled

due to contingency operations: reimbursement

‘‘(a) A

UTHORIZATION

EIMBURSE

.—The Secretary concerned

may reimburse a member of the armed forces under the jurisdiction

of the Secretary for travel and related expenses (to the extent

not otherwise reimbursable under law) incurred by the member

as a result of the cancellation of previously approved leave when—

‘‘(1) the leave is canceled in connection with the member’s

participation in a contingency operation; and

10 USC 709a.

10 USC 701 prec.

10 USC 704a.

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130 STAT. 2116 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) the cancellation occurs within 48 hours of the time

the leave would have commenced.

‘‘(b) R

EGULATIONS

.—The Secretary of Defense and, in the case

of the Coast Guard when it is not operating as a service in the

Navy, the Secretary of Homeland Security shall prescribe regula-

tions to establish the criteria for the applicability of subsection

(a).

‘‘(c) C

ONCLUSIVENESS OF

ETTLEMENT

.—The settlement of an

application for reimbursement under subsection (a) is final and

conclusive.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 40 of such title is amended by inserting after

the item relating to section 709 the following new item:

‘‘709a. Expenses incurred in connection with leave canceled due to contingency oper-

ations: reimbursement.’’.

EPEAL OF

UPERSEDED

UTHORITY

.—Section 453 of title

37, United States Code, is amended by striking subsection (g).

SEC. 523. EXPANSION OF AUTHORITY TO EXECUTE CERTAIN MILITARY

INSTRUMENTS.

(a) E

XPANSION OF

UTHORITY

XECUTE

ILITARY

ESTA

MENTARY

NSTRUMENTS

.—Section 1044d(c) of title 10, United States

Code, is amended—

(1) by striking paragraph (2) and inserting the following:

‘‘(2) the execution of the instrument is notarized by—

‘‘(A) a military legal assistance counsel;

‘‘(B) a person who is authorized to act as a notary

under section 1044a of this title who—

‘‘(i) is not an attorney; and

‘‘(ii) is supervised by a military legal assistance

counsel; or

‘‘(C) a State-licensed notary employed by a military

department or the Coast Guard who is supervised by a

military legal assistance counsel;’’; and

(2) in paragraph (3), by striking ‘‘presiding attorney’’ and

inserting ‘‘person notarizing the instrument in accordance with

paragraph (2)’’.

(b) E

XPANSION OF

UTHORITY

OTARIZE

OCUMENTS TO

IVILIANS

ERVING IN

ILITARY

EGAL

SSISTANCE

FFICES

.—Sec-

tion 1044a(b) of title 10, United States Code, is amended by adding

at the end the following new paragraph:

‘‘(6) All civilian paralegals serving at military legal assist-

ance offices, supervised by a military legal assistance counsel

(as defined in section 1044d(g) of this title).’’.

SEC. 524. MEDICAL EXAMINATION BEFORE ADMINISTRATIVE SEPARA-

TION FOR MEMBERS WITH POST-TRAUMATIC STRESS DIS-

ORDER OR TRAUMATIC BRAIN INJURY IN CONNECTION

WITH SEXUAL ASSAULT.

Section 1177(a)(1) of title 10, United States Code, is amended—

(1) by inserting ‘‘, or sexually assaulted,’’ after ‘‘deployed

overseas in support of a contingency operation’’; and

(2) by inserting ‘‘or based on such sexual assault,’’ after

‘‘while deployed,’’.

10 USC 701 prec.

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130 STAT. 2117 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 525. REDUCTION OF TENURE ON THE TEMPORARY DISABILITY

RETIRED LIST.

(a) R

EDUCTION OF

ENURE

.—Section 1210 of title 10, United

States Code, is amended—

(1) in subsection (b), by striking ‘‘five years’’ and inserting

‘‘three years’’; and

(2) in subsection (h), by striking ‘‘five years’’ and inserting

‘‘three years’’.

(b) A

PPLICABILITY

.—The amendments made by subsection (a)

shall take effect on January 1, 2017, and shall apply to members

of the Armed Forces whose names are placed on the temporary

disability retired list on or after that date.

SEC. 526. TECHNICAL CORRECTION TO VOLUNTARY SEPARATION PAY

AND BENEFITS.

Section 1175a(j) of title 10, United States Code, is amended—

(1) in paragraph (2)—

(A) by striking ‘‘or 12304’’ and inserting ‘‘12304,

12304a, or 12304b’’; and

(B) by striking ‘‘502(f)(1)’’ and inserting ‘‘502(f)(1)(A)’’;

and

(2) in paragraph (3), by striking ‘‘502(f)(2)’’ and inserting

‘‘502(f)(1)(B)’’.

SEC. 527. CONSOLIDATION OF ARMY MARKETING AND PILOT PROGRAM

ON CONSOLIDATED ARMY RECRUITING.

(a) C

ONSOLIDATION OF

RMY

ARKETING

.—Not later than

October 1, 2017, the Secretary of the Army shall consolidate into

a single organization within the Department of the Army all func-

tions relating to the marketing of the Army and each of the compo-

nents of the Army in order to assure unity of effort and cost

effectiveness in the marketing of the Army and each of the compo-

nents of the Army.

(b) P

ILOT

ROGRAM ON

ONSOLIDATED

RMY

ECRUITING

.—

(1) P

ILOT PROGRAM REQUIRED

.—Not later than 180 days

after the date of the enactment of this Act, the Secretary

of the Army shall carry out a pilot program to consolidate

the recruiting efforts of the Regular Army, Army Reserve, and

Army National Guard under which a recruiter in one of the

components participating in the pilot program may recruit

individuals to enlist in any of the components regardless of

the funding source of the recruiting activity.

(2) C

REDIT TOWARD ENLISTMENT GOALS

.—Under the pilot

program, a recruiter shall receive credit toward periodic enlist-

ment goals for each enlistment regardless of the component

in which the individual enlists.

(3) D

URATION

.—The Secretary shall carry out the pilot

program for a period of not less than three years.

RIEFING AND

EPORTS

.—

(1) B

RIEFING ON CONSOLIDATION PLAN

.—Not later than

March 1, 2017, the Secretary of the Army shall provide to

the Committees on Armed Services of the Senate and the

House of Representatives a briefing on the Secretary’s plan

to carry out the Army marketing consolidation required by

subsection (a).

(2) I

NTERIM REPORT ON PILOT PROGRAM

.—

10 USC 3013

note.

10 USC 1210

note.

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130 STAT. 2118 PUBLIC LAW 114–328—DEC. 23, 2016

(A) I

N GENERAL

.—Not later than one year after the

date on which the pilot program under subsection (b) com-

mences, the Secretary shall submit to the congressional

committees specified in paragraph (1) a report on the pilot

program.

(B) E

LEMENTS

.—The report under subparagraph (A)

shall include each of the following:

(i) An analysis of the effects that consolidated

recruiting efforts has on the overall ability of recruiters

to attract and place qualified candidates.

(ii) A determination of the extent to which consoli-

dating recruiting efforts affects efficiency and

recruiting costs.

(iii) An analysis of any challenges associated with

a recruiter working to recruit individuals to enlist in

a component in which the recruiter has not served.

(iv) An analysis of the satisfaction of recruiters

and the component recruiting commands with the pilot

program.

(3) F

INAL REPORT ON PILOT PROGRAM

.—Not later than 180

days after the date on which the pilot program is completed,

the Secretary shall submit to the congressional committees

specified in paragraph (1) a final report on the pilot program.

The final report shall include any recommendations of the

Secretary with respect to extending or making permanent the

pilot program and a description of any related legislative actions

that the Secretary considers appropriate.

Subtitle D—Member Whistleblower Protec-

tions and Correction of Military Records

SEC. 531. IMPROVEMENTS TO WHISTLEBLOWER PROTECTION PROCE-

DURES.

(a) A

CTIONS

REATABLE AS

ROHIBITED

ERSONNEL

CTIONS

.—

Paragraph (2) of section 1034(b) of title 10, United States Code,

is amended to read as follows:

‘‘(2)(A) The actions considered for purposes of this section to

be a personnel action prohibited by this subsection shall include

any action prohibited by paragraph (1), including any of the fol-

lowing:

‘‘(i) The threat to take any unfavorable action.

‘‘(ii) The withholding, or threat to withhold, any favorable

action.

‘‘(iii) The making of, or threat to make, a significant change

in the duties or responsibilities of a member of the armed

forces not commensurate with the member’s grade.

‘‘(iv) The failure of a superior to respond to any retaliatory

action or harassment (of which the superior had actual knowl-

edge) taken by one or more subordinates against a member.

‘‘(v) The conducting of a retaliatory investigation of a

member.

‘‘(B) In this paragraph, the term ‘retaliatory investigation’

means an investigation requested, directed, initiated, or conducted

for the primary purpose of punishing, harassing, or ostracizing

a member of the armed forces for making a protected communica-

tion.

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130 STAT. 2119 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(C) Nothing in this paragraph shall be construed to limit

the ability of a commander to consult with a superior in the chain

of command, an inspector general, or a judge advocate general

on the disposition of a complaint against a member of the armed

forces for an allegation of collateral misconduct or for a matter

unrelated to a protected communication. Such consultation shall

provide an affirmative defense against an allegation that a member

requested, directed, initiated, or conducted a retaliatory investiga-

tion under this section.’’.

(b) A

CTION IN

ESPONSE TO

ARDSHIP IN

ONNECTION

ITH

ERSONNEL

CTIONS

.—Section 1034 of title 10, United States Code,

is amended—

(1) in subsection (c)(4)—

(A) by redesignating subparagraph (E) as subpara-

graph (F); and

(B) by inserting after subparagraph (D) the following

new subparagraph (E):

‘‘(E) If the Inspector General makes a preliminary determina-

tion in an investigation under subparagraph (D) that, more likely

than not, a personnel action prohibited by subsection (b) has

occurred and the personnel action will result in an immediate

hardship to the member alleging the personnel action, the Inspector

General shall promptly notify the Secretary of the military depart-

ment concerned or the Secretary of Homeland Security, as

applicable, of the hardship, and such Secretary shall take such

action as such Secretary considers appropriate.’’; and

(2) in subsection (e)(1), by striking ‘‘subsection (c)(4)(E)’’

and inserting ‘‘subsection (c)(4)(F)’’.

ERIODIC

OTICE TO

EMBERS ON

ROGRESS OF

NSPECTOR

ENERAL

NVESTIGATIONS

.—Paragraph (3) of section 1034(e) of title

10, United States Code, is amended to read as follows:

‘‘(3)(A) Not later than 180 days after the commencement of

an investigation of an allegation under subsection (c)(4), and every

180 days thereafter until the transmission of the report on the

investigation under paragraph (1) to the member concerned, the

Inspector General conducting the investigation shall submit a notice

on the investigation described in subparagraph (B) to the following:

‘‘(i) The member.

‘‘(ii) The Secretary of Defense.

‘‘(iii) The Secretary of the military department concerned,

or the Secretary of Homeland Security in the case of a member

of the Coast Guard when the Coast Guard is not operating

as a service in the Navy.

‘‘(B) Each notice on an investigation under subparagraph (A)

shall include the following:

‘‘(i) A description of the current progress of the investiga-

tion.

‘‘(ii) An estimate of the time remaining until the completion

of the investigation and the transmittal of the report required

by paragraph (1) to the member concerned.’’.

(d) C

ORRECTION OF

ECORDS

.—Paragraph (2) of section 1034(g)

of title 10, United States Code, is amended to read as follows:

‘‘(2) In resolving an application described in paragraph (1)

for which there is a report of the Inspector General under subsection

(e)(1), a correction board—

‘‘(A) shall review the report of the Inspector General;

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130 STAT. 2120 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(B) may request the Inspector General to gather further

evidence;

‘‘(C) may receive oral argument, examine and cross-examine

witnesses, and take depositions; and

‘‘(D) shall consider a request by a member or former

member in determining whether to hold an evidentiary

hearing.’’.

(e) U

NIFORM

TANDARDS FOR

NSPECTOR

ENERAL

NVESTIGA

TIONS OF

ROHIBITED

ERSONNEL

CTIONS AND

THER

ATTERS

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, the Inspector General of the

Department of Defense shall prescribe uniform standards for

the following:

(A) The investigation of allegations of prohibited per-

sonnel actions under section 1034 of title 10, United States

Code (as amended by this section), by the Inspector General

and the Inspectors General of the military departments.

(B) The training of the staffs of the Inspectors General

referred to in subparagraph (A) on the conduct of investiga-

tions described in that subparagraph.

(2) U

.—Commencing 180 days after prescription of the

standards required by paragraph (1), the Inspectors General

referred to in that paragraph shall comply with such standards

in the conduct of investigations described in that paragraph

and in the training of the staffs of such Inspectors General

in the conduct of such investigations.

SEC. 532. MODIFICATION OF WHISTLEBLOWER PROTECTION AUTHORI-

TIES TO RESTRICT CONTRARY FINDINGS OF PROHIBITED

PERSONNEL ACTION BY THE SECRETARY CONCERNED.

(a) I

ENERAL

.—Section 1034(f) of title 10, United States

Code, is amended—

(1) in the subsection heading, by striking ‘‘V

IOLATIONS

’’

and inserting ‘‘S

UBSTANTIATED

IOLATIONS

’’; and

(2) in paragraph (1), by striking ‘‘there is sufficient basis’’

and all that follows and inserting ‘‘corrective or disciplinary

action should be taken. If the Secretary concerned determines

that corrective or disciplinary action should be taken, the Sec-

retary shall take appropriate corrective or disciplinary action.’’.

(b) A

CTIONS

OLLOWING

ETERMINATIONS

.—Paragraph (2) of

such section is amended—

(1) in the matter preceding subparagraph (A)—

(A) by striking ‘‘the Secretary concerned determines

under paragraph (1)’’ and inserting ‘‘the Inspector General

determines’’; and

(B) by striking ‘‘the Secretary shall’’ and inserting ‘‘the

Secretary concerned shall’’;

(2) in subparagraph (A), by inserting ‘‘, including referring

the report to the appropriate board for the correction of military

records’’ before the semicolon; and

(3) by striking subparagraph (B) and inserting the following

new subparagraph (B):

‘‘(B) submit to the Inspector General a report on the actions

taken by the Secretary pursuant to this paragraph, and provide

for the inclusion of a summary of the report under this subpara-

graph (with any personally identifiable information redacted)

in the semiannual report to Congress of the Inspector General

10 USC 1034

note.

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130 STAT. 2121 PUBLIC LAW 114–328—DEC. 23, 2016

of the Department of Defense or the Inspector General of the

Department of Homeland Security, as applicable, under section

5 of the Inspector General Act of 1978 (5 U.S.C. App.).’’.

FFECTIVE

ATE

.—The amendments made by this section

shall take effect on the date of the enactment of this Act, and

shall apply with respect to reports received by the Secretaries

of the military departments and the Secretary of Homeland Security

under section 1034(e) of title 10, United States Code, on or after

that date.

SEC. 533. AVAILABILITY OF CERTAIN CORRECTION OF MILITARY

RECORDS AND DISCHARGE REVIEW BOARD INFORMATION

THROUGH THE INTERNET.

(a) B

OARD FOR THE

ORRECTION OF

ILITARY

ECORDS

.—Sec-

tion 1552 of title 10, United States Code, is amended—

(1) by redesignating subsection (h) as subsection (i); and

(2) by inserting after subsection (g) the following new sub-

section (h):

‘‘(h) Each board established under this section shall make avail-

able to the public each calender quarter, on an Internet website

of the military department concerned or the Department of Home-

land Security, as applicable, that is available to the public the

following:

‘‘(1) The number of claims considered by such board during

the calendar quarter preceding the calender quarter in which

such information is made available, including cases in which

a mental health condition of the claimant, including post-trau-

matic stress disorder or traumatic brain injury, is alleged to

have contributed, whether in whole or part, to the original

characterization of the discharge or release of the claimant.

‘‘(2) The number of claims submitted during the calendar

quarter preceding the calender quarter in which such informa-

tion is made available that relate to service by a claimant

during a war or contingency operation, catalogued by each

war or contingency operation.

‘‘(3) The number of military records corrected pursuant

to the consideration described in paragraph (1) to upgrade

the characterization of discharge or release of claimants.’’.

(b) D

ISCHARGE

EVIEW

OARD

.—Section 1553 of title 10, United

States Code, is amended by adding at the end the following new

subsection:

‘‘(f) Each board established under this section shall make avail-

able to the public each calender quarter, on an Internet website

of the military department concerned or the Department of Home-

land Security, as applicable, that is available to the public the

following:

‘‘(1) The number of motions or requests for review consid-

ered by such board during the calendar quarter preceding the

calender quarter in which such information is made available,

including cases in which a mental health condition of the former

member, including post-traumatic stress disorder or traumatic

brain injury, is alleged to have contributed, whether in whole

or part, to the original characterization of the discharge or

dismissal of the former member.

‘‘(2) The number of claims submitted during the calendar

quarter preceding the calender quarter in which such informa-

tion is made available that relate to service by a claimant

10 USC 1034

note.

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130 STAT. 2122 PUBLIC LAW 114–328—DEC. 23, 2016

during a war or contingency operation, catalogued by each

war or contingency operation.

‘‘(3) The number of discharges or dismissals corrected

pursuant to the consideration described in paragraph (1) to

upgrade the characterization of discharge or dismissal of former

members.’’.

SEC. 534. IMPROVEMENTS TO AUTHORITIES AND PROCEDURES FOR

THE CORRECTION OF MILITARY RECORDS.

(a) P

ROCEDURES OF

OARDS

.—Paragraph (3) of section 1552(a)

of title 10, United States Code, is amended—

(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and

(2) by adding at the end the following new subparagraphs:

‘‘(B) If a board makes a preliminary determination that a

claim under this section lacks sufficient information or documents

to support the claim, the board shall notify the claimant, in writing,

indicating the specific information or documents necessary to make

the claim complete and reviewable by the board.

‘‘(C) If a claimant is unable to provide military personnel or

medical records applicable to a claim under this section, the board

shall make reasonable efforts to obtain the records. A claimant

shall provide the board with documentary evidence of the efforts

of the claimant to obtain such records. The board shall inform

the claimant of the results of the board’s efforts, and shall provide

the claimant copies of any records so obtained upon request of

the claimant.

‘‘(D) Any request for reconsideration of a determination of a

board under this section, no matter when filed, shall be reconsidered

by a board under this section if supported by materials not pre-

viously presented to or considered by the board in making such

determination.’’.

(b) P

UBLICATION OF

INAL

ECISIONS OF

OARDS

.—Such section

is further amended by adding at the end the following new para-

graph:

‘‘(5) Each final decision of a board under this subsection shall

be made available to the public in electronic form on a centralized

Internet website. In any decision so made available to the public

there shall be redacted all personally identifiable information.’’.

RAINING OF

EMBERS OF

OARDS

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, each Secretary concerned shall

develop and implement a comprehensive training curriculum

for members of boards for the correction of military records

under the jurisdiction of such Secretary in the duties of such

boards under section 1552 of title 10, United States Code.

The curriculum shall address all areas of administrative law

applicable to the duties of such boards.

(2) U

NIFORM CURRICULA

.—The Secretary of Defense and

the Secretary of Homeland Security shall jointly ensure that

the curricula developed and implemented pursuant to this sub-

section are, to the extent practicable, uniform.

(3) T

RAINING

.—

(A) I

N GENERAL

.—Each member of a board for the

correction of military records shall undergo retraining (con-

sistent with the curriculum developed and implemented

pursuant to this subsection) regarding the duties of boards

for the correction of military records under section 1552

10 USC 1552

note.

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130 STAT. 2123 PUBLIC LAW 114–328—DEC. 23, 2016

of title 10, United States Code, at least once every five

years during the member’s tenure on the board.

(B) C

URRENT MEMBERS

.—Each member of a board for

the correction of military records as of the date of the

implementation of the curriculum required by paragraph

(1) (in this paragraph referred to as the ‘‘curriculum

implementation date’’) shall undergo training described in

subparagraph (A) not later than 90 days after the cur-

riculum implementation date.

EW MEMBERS

.—Each individual who becomes a

member of a board for the correction of military records

after the curriculum implementation date shall undergo

training described in subparagraph (A) by not later than

90 days after the date on which such individual becomes

a member of the board.

(4) R

EPORTS

.—Not later than 18 months after the date

of the enactment of this Act, each Secretary concerned shall

submit to Congress a report setting forth the following:

(A) A description and assessment of the progress made

by such Secretary in implementing training requirements

for members of boards for the correction of military records

under the jurisdiction of such Secretary.

(B) A detailed description of the training curriculum

required of such Secretary by paragraph (1).

to the implementation of training requirements for mem-

bers of boards for the correction of military records under

the jurisdiction of such Secretary.

(5) S

ECRETARY CONCERNED DEFINED

.—In this subsection,

the term ‘‘Secretary concerned’’ means a ‘‘Secretary concerned’’

as that term is used in section 1552 of title 10, United States

Code.

SEC. 535. TREATMENT BY DISCHARGE REVIEW BOARDS OF CLAIMS

ASSERTING POST-TRAUMATIC STRESS DISORDER OR

TRAUMATIC BRAIN INJURY IN CONNECTION WITH COMBAT

OR SEXUAL TRAUMA AS A BASIS FOR REVIEW OF DIS-

CHARGE.

Section 1553(d) of title 10, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(3)(A) In addition to the requirements of paragraphs (1) and

(2), in the case of a former member described in subparagraph

(B), the Board shall—

‘‘(i) review medical evidence of the Secretary of Veterans

Affairs or a civilian health care provider that is presented

by the former member; and

‘‘(ii) review the case with liberal consideration to the former

member that post-traumatic stress disorder or traumatic brain

injury potentially contributed to the circumstances resulting

in the discharge of a lesser characterization.

‘‘(B) A former member described in this subparagraph is a

former member described in paragraph (1) or a former member

whose application for relief is based in whole or in part on matters

relating to post-traumatic stress disorder or traumatic brain injury

as supporting rationale, or as justification for priority consideration,

whose post-traumatic stress disorder or traumatic brain injury is

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130 STAT. 2124 PUBLIC LAW 114–328—DEC. 23, 2016

related to combat or military sexual trauma, as determined by

the Secretary concerned.’’.

SEC. 536. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW

OF INTEGRITY OF DEPARTMENT OF DEFENSE WHISTLE-

BLOWER PROGRAM.

(a) R

EPORT

EQUIRED

.—Not later than 18 months after the

date of the enactment of this Act, the Comptroller General of

the United States shall submit to the Committees on Armed Serv-

ices of the Senate and the House of Representatives a report setting

forth a review of the integrity of the Department of Defense whistle-

blower program.

(b) E

LEMENTS

.—The review for purposes of the report required

by subsection (a) shall include the following elements:

(1) An assessment of the extent to which the Department

of Defense whistleblower program meets executive branch poli-

cies and goals for whistleblower protections.

(2) An assessment of the adequacy of procedures to handle

and address complaints submitted by employees in the Office

of the Inspector General of the Department of Defense to ensure

that such employees themselves are able to disclose a suspected

violation of law, rule, or regulation without fear of reprisal.

(3) An assessment of the extent to which there have been

violations of standards used in regard to the protection of

confidentiality provided to whistleblowers by the Inspector Gen-

eral of the Department of Defense.

(4) An assessment of the extent to which there have been

incidents of retaliatory investigations against whistleblowers

within the Office of the Inspector General.

(5) An assessment of the extent to which the Inspector

General of the Department of Defense has thoroughly inves-

tigated and substantiated allegations within the past 10 years

against civilian officials of the Department of Defense appointed

to their positions by and with the advice and consent of the

Senate, and whether Congress has been notified of the results

of such investigations.

(6) An assessment of the ability of the Inspector General

of the Department of Defense and the Inspectors General of

the military departments to access agency information nec-

essary to the execution of their duties, including classified

and other sensitive information, and an assessment of the

adequacy of security procedures to safeguard such classified

or sensitive information when so accessed.

Subtitle E—Military Justice and Legal

Assistance Matters

SEC. 541. UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES.

(a) C

LARIFICATION OF

UTHORITY OF

UDGES OF THE

OURT

DMINISTER

ATHS AND

CKNOWLEDGMENTS

.—Subsection (c)

of section 936 of title 10, United States Code (article 136 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘(c) Each judge and senior judge of the United States Court

of Appeals for the Armed Forces shall have the powers relating

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130 STAT. 2125 PUBLIC LAW 114–328—DEC. 23, 2016

to oaths, affirmations, and acknowledgments provided to justices

and judges of the United States by section 459 of title 28.’’.

(b) M

ODIFICATION OF

ERM OF

UDGES OF THE

OURT TO

ESTORE

OTATION OF

UDGES

.—

(1) E

ARLY RETIREMENT AUTHORIZED FOR ONE CURRENT

JUDGE

.—If the judge of the United States Court of Appeals

for the Armed Forces who is the junior in seniority of the

two judges of the court whose terms of office under section

942(b)(2) of title 10, United States Code (article 142(b)(2) of

the Uniform Code of Military Justice), expire on July 31, 2021,

chooses to retire one year early, that judge—

(A) may retire from service on the court effective

August 1, 2020; and

(B) shall be treated, upon such retirement, for all pur-

poses as having completed a term of service for which

the judge was appointed as a judge of the court.

(2) S

TAGGERING OF FUTURE APPOINTMENTS

.—Section

942(b)(2) of title 10, United States Code (article 142(b)(2) of

the Uniform Code of Military Justice), is amended—

(A) by inserting ‘‘(A)’’ after ‘‘(2)’’;

(B) by redesignating subparagraphs (A) and (B) as

clauses (i) and (ii), respectively; and

graph:

‘‘(B) If at the time of the appointment of a judge the date

that is otherwise applicable under subparagraph (A) for the expira-

tion of the term of service of the judge is the same as the date

for the expiration of the term of service of a judge already on

the court, then the term of the judge being appointed shall expire

on the first July 31 after such date on which no term of service

of a judge already on the court will expire.’’.

(3) A

PPLICATION OF AMENDMENTS

.—The amendments made

by paragraph (2) shall apply with respect to appointments

to the United States Court of Appeals for the Armed Forces

that are made on or after the date of the enactment of this

Act.

EPEAL OF

EQUIREMENT

ELATING TO

OLITICAL

ARTY

TATUS OF

UDGES OF THE

OURT

.—Section 942(b)(3) of title 10,

United States Code (article 142(b)(3) of the Uniform Code of Military

Justice), is amended by striking ‘‘Not more than three of the judges

of the court may be appointed from the same political party, and

no’’ and by inserting ‘‘No’’.

(d) M

ODIFICATION OF

AILY

ATE OF

OMPENSATION FOR

ENIOR

UDGES

ERFORMING

UDICIAL

UTIES

ITH THE

OURT

.—Section

942(e)(2) of title 10, United States Code (article 142(e)(2) of the

Uniform Code of Military Justice), is amended by striking ‘‘equal

to’’ and all that follows and inserting ‘‘equal to the difference

between—

‘‘(A) the daily equivalent of the annual rate of pay provided

for a judge of the court; and

‘‘(B) the daily equivalent of the annuity of the judge under

section 945 of this title (article 145), the applicable provisions

of title 5, or any other retirement system for employees of

the Federal Government under which the senior judge receives

an annuity.’’.

(e) R

EPEAL OF

UAL

OMPENSATION

ROVISION

ELATING TO

UDGES OF THE

OURT

.—Section 945 of title 10, United States

10 USC 942 note.

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130 STAT. 2126 PUBLIC LAW 114–328—DEC. 23, 2016

Code (article 145 of the Uniform Code of Military Justice), is

amended—

(1) in subsection (d), by striking ‘‘subsection (g)(1)(B)’’ and

inserting ‘‘subsection (f)(1)(B)’’;

(2) by striking subsection (f); and

(3) by redesignating subsections (g), (h), and (i) as sub-

sections (f), (g), and (h), respectively.

SEC. 542. EFFECTIVE PROSECUTION AND DEFENSE IN COURTS-MAR-

TIAL AND PILOT PROGRAMS ON PROFESSIONAL MILITARY

JUSTICE DEVELOPMENT FOR JUDGE ADVOCATES.

(a) P

ROGRAM FOR

FFECTIVE

ROSECUTION AND

EFENSE

.—

The Secretary concerned shall carry out a program to ensure that—

(1) trial counsel and defense counsel detailed to prosecute

or defend a court-martial have sufficient experience and knowl-

edge to effectively prosecute or defend the case; and

(2) a deliberate professional developmental process is in

place to ensure effective prosecution and defense in all courts-

martial.

(b) M

ILITARY

USTICE

XPERIENCE

ESIGNATORS OR

KILL

DENTIFIERS

.—The Secretary concerned shall establish and use a

system of military justice experience designators or skill identifiers

for purposes of identifying judge advocates with skill and experience

in military justice proceedings in order to ensure that judge advo-

cates with experience and skills identified through such experience

designators or skill identifiers are assigned to develop less experi-

enced judge advocates in the prosecution and defense in courts-

martial under a program carried out pursuant to subsection (a).

ILOT

ROGRAMS ON

ROFESSIONAL

EVELOPMENTAL

ROCESS FOR

UDGE

DVOCATES

.—

(1) P

URPOSE

.—The Secretary concerned shall carry out a

pilot program to assess the feasibility and advisability of estab-

lishing a deliberate professional developmental process for

judge advocates under the jurisdiction of the Secretary that

leads to judge advocates with military justice expertise serving

as military justice practitioners capable of prosecuting and

defending complex cases in military courts-martial.

(2) A

DDITIONAL MATTERS

.—A pilot program may also assess

such other matters related to professional military justice

development for judge advocates as the Secretary concerned

considers appropriate.

(3) D

URATION

.—Each pilot program shall be for a period

of five years.

(4) R

EPORT

.—Not later than four years after the date of

the enactment of this Act, the Secretary concerned shall submit

to the Committees on Armed Services of the Senate and the

House of Representatives a report on the pilot programs con-

ducted under this section. The report shall include the fol-

lowing:

(A) A description and assessment of each pilot program.

(B) Such recommendations as the Secretary considers

appropriate in light of the pilot programs, including

whether any pilot program should be extended or made

permanent.

(d) S

ECRETARY

ONCERNED

EFINED

.—In this section, the term

‘‘Secretary concerned’’ has the meaning given that term in section

101(a)(9) of title 10, United States Code.

10 USC 827 note.

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130 STAT. 2127 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 543. INCLUSION IN ANNUAL REPORTS ON SEXUAL ASSAULT

PREVENTION AND RESPONSE EFFORTS OF THE ARMED

FORCES OF INFORMATION ON COMPLAINTS OF RETALIA-

TION IN CONNECTION WITH REPORTS OF SEXUAL ASSAULT

IN THE ARMED FORCES.

Section 1631(b) of the Ike Skelton National Defense Authoriza-

tion Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C.

1561 note) is amended by adding at the end the following new

paragraph:

‘‘(12) Information on each claim of retaliation in connection

with a report of sexual assault in the Armed Force made

by or against a member of such Armed Force as follows:

‘‘(A) A narrative description of each complaint.

‘‘(B) The nature of such complaint, including whether

the complainant claims professional or social retaliation.

‘‘(C) The gender of the complainant.

‘‘(D) The gender of the individual claimed to have

committed the retaliation.

‘‘(E) The nature of the relationship between the

complainant and the individual claimed to have committed

the retaliation.

‘‘(F) The nature of the relationship, if any, between

the individual alleged to have committed the sexual assault

concerned and the individual claimed to have committed

the retaliation.

‘‘(G) The official or office that received the complaint.

‘‘(H) The organization that investigated or is inves-

tigating the complaint.

‘‘(I) The current status of the investigation.

‘‘(J) If the investigation is complete, a description of

the results of the investigation, including whether the

results of the investigation were provided to the complain-

ant.

‘‘(K) If the investigation determined that retaliation

occurred, whether the retaliation was an offense under

chapter 47 of title 10, United States Code (the Uniform

Code of Military Justice).’’.

SEC. 544. EXTENSION OF THE REQUIREMENT FOR ANNUAL REPORT

REGARDING SEXUAL ASSAULTS AND COORDINATION WITH

RELEASE OF FAMILY ADVOCACY PROGRAM REPORT.

Section 1631 of the Ike Skelton National Defense Authorization

Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4433;

10 U.S.C. 1561 note) is amended—

(1) in subsection (a), by striking ‘‘March 1, 2017’’ and

inserting ‘‘March 1, 2021’’; and

(2) by adding at the end the following new subsection:

‘‘(g) C

OORDINATION OF

ELEASE

ATE

ETWEEN

NNUAL

EPORTS

EGARDING

EXUAL

SSAULTS AND

AMILY

DVOCACY

EPORT

.—The Secretary of Defense shall ensure that the reports

required under subsection (a) for a given year are delivered to

the Committees on Armed Services of the Senate and House of

Representatives simultaneously with the Family Advocacy Program

report for that year regarding child abuse and domestic violence,

as required by section 574 of the National Defense Authorization

Act for Fiscal Year 2017.’’.

10 USC 1561

note.

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130 STAT. 2128 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 545. METRICS FOR EVALUATING THE EFFORTS OF THE ARMED

FORCES TO PREVENT AND RESPOND TO RETALIATION IN

CONNECTION WITH REPORTS OF SEXUAL ASSAULT IN THE

ARMED FORCES.

(a) M

ETRICS

EQUIRED

.—The Sexual Assault Prevention and

Response Office of the Department of Defense shall establish and

issue to the military departments metrics to be used to evaluate

the efforts of the Armed Forces to prevent and respond to retaliation

in connection with reports of sexual assault in the Armed Forces.

(b) B

EST

RACTICES

.—For purposes of enhancing and achieving

uniformity in the efforts of the Armed Forces to prevent and respond

to retaliation in connection with reports of sexual assault in the

Armed Forces, the Sexual Assault Prevention and Response Office

shall identify and issue to the military departments best practices

to be used in the prevention of and response to retaliation in

connection with such reports.

SEC. 546. TRAINING FOR DEPARTMENT OF DEFENSE PERSONNEL WHO

INVESTIGATE CLAIMS OF RETALIATION.

(a) T

RAINING

EGARDING

ATURE AND

ONSEQUENCES OF

ETALIATION

.—The Secretary of Defense shall ensure that the per-

sonnel of the Department of Defense specified in subsection (b)

who investigate claims of retaliation receive training on the nature

and consequences of retaliation, and, in cases involving reports

of sexual assault, the nature and consequences of sexual assault

trauma. The training shall include such elements as the Secretary

shall specify for purposes of this section.

(b) C

OVERED

ERSONNEL

.—The personnel of the Department

of Defense covered by subsection (a) are the following:

(1) Personnel of military criminal investigation services.

(2) Personnel of Inspectors General offices.

(3) Personnel of any command of the Armed Forces who

are assignable by the commander of such command to inves-

tigate claims of retaliation made by or against members of

such command.

ETALIATION

EFINED

.—In this section, the term ‘‘retalia-

tion’’ has the meaning given the term by the Secretary of Defense

in the strategy required by section 539 of the National Defense

Authorization Act of Fiscal Year 2016 (Public Law 114–92; 129

Stat. 818) or a subsequent meaning specified by the Secretary.

SEC. 547. NOTIFICATION TO COMPLAINANTS OF RESOLUTION OF

INVESTIGATIONS INTO RETALIATION.

(a) N

OTIFICATION

EQUIRED

.—

(1) M

EMBERS OF THE ARMY

NAVY

AIR FORCE

AND MARINE

CORPS

.—Under regulations prescribed by the Secretary of

Defense, upon the conclusion of an investigation by an office,

element, or personnel of the Department of Defense or of the

Armed Forces of a complaint by a member of the Armed Forces

of retaliation, the member shall be informed in writing of

the results of the investigation, including whether the complaint

was substantiated, unsubstantiated, or dismissed.

(2) M

EMBERS OF COAST GUARD

.—The Secretary of Homeland

Security shall provide in a similar manner for notification in

writing of the results of investigations by offices, elements,

or personnel of the Department of Homeland Security or of

the Coast Guard of complaints of retaliation made by members

10 USC 1561

note.

10 USC 1561

note.

10 USC 1561

note.

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130 STAT. 2129 PUBLIC LAW 114–328—DEC. 23, 2016

of the Coast Guard when it is not operating as a service

in the Navy.

(b) R

ETALIATION

EFINED

.—In this section, the term ‘‘retalia-

tion’’ has the meaning given the term by the Secretary of Defense

in the strategy required by section 539 of the National Defense

Authorization Act of Fiscal Year 2016 (Public Law 114–92; 129

Stat. 818) or a subsequent meaning specified by the Secretary.

SEC. 548. MODIFICATION OF DEFINITION OF SEXUAL HARASSMENT

FOR PURPOSES OF INVESTIGATIONS BY COMMANDING

OFFICERS OF COMPLAINTS OF HARASSMENT.

(a) I

ENERAL

.—Section 1561(e) of title 10, United States

Code, is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by

striking ‘‘(constituting a form of sex discrimination)’’; and

(B) in subparagraph (B), by striking ‘‘the work environ-

ment’’ and inserting ‘‘the environment’’; and

(2) in paragraph (3), by striking ‘‘in the workplace’’.

(b) E

FFECTIVE

ATE

.—The amendments made by subsection

(a) shall take effect on the date of the enactment of this Act,

and shall apply with respect to complaints described in section

1561 of title 10, United States Code, that are first received by

a commanding officer or officer in charge on or after that date.

SEC. 549. IMPROVED DEPARTMENT OF DEFENSE PREVENTION OF AND

RESPONSE TO HAZING IN THE ARMED FORCES.

(a) A

NTI

-H

AZING

ATABASE

.—The Secretary of Defense shall

provide for the establishment and use of a comprehensive and

consistent data-collection system for the collection of reports,

including anonymous reports, of incidents of hazing involving a

member of the Armed Forces. The Secretary shall issue department-

wide guidance regarding the availability and use of the database,

including information on protected classes, such as race and reli-

gion, who are often the victims of hazing.

(b) I

MPROVED

RAINING

.—Each Secretary of a military depart-

ment, in consultation with the Chief of Staff of each Armed Force

under the jurisdiction of such Secretary, shall seek to improve

training to assist members of the Armed Forces better recognize,

prevent, and respond to hazing at all command levels.

NNUAL

EPORTS ON

AZING

.—

(1) R

EPORT REQUIRED

.—Not later than January 31 of each

year through January 31, 2021, each Secretary of a military

department, in consultation with the Chief of Staff of each

Armed Force under the jurisdiction of such Secretary, shall

submit to the Committees on Armed Services of the Senate

and the House of Representatives a report containing a descrip-

tion of efforts during the previous year—

(A) to prevent and to respond to incidents of hazing

involving members of the Armed Forces;

(B) to track and encourage reporting, including

reporting anonymously, incidents of hazing in the Armed

Force; and

hazing policies.

(2) A

DDITIONAL ELEMENTS

.—Each report required by this

subsection also shall address the same elements originally

addressed in the anti-hazing reports required by section 534

10 USC 113 note.

10 USC 1561

note.

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130 STAT. 2130 PUBLIC LAW 114–328—DEC. 23, 2016

of the National Defense Authorization Act for Fiscal Year 2013

(Public Law 112–239; 126 Stat. 1726).

Subtitle F—National Commission on

Military, National, and Public Service

SEC. 551. PURPOSE, SCOPE, AND DEFINITIONS.

(a) P

URPOSE

.—The purpose of this subtitle is to establish the

National Commission on Military, National, and Public Service

to—

(1) conduct a review of the military selective service process

(commonly referred to as ‘‘the draft’’); and

(2) consider methods to increase participation in military,

national, and public service in order to address national security

and other public service needs of the Nation.

(b) S

COPE OF

EVIEW

.—In order to provide the fullest under-

standing of the matters required under the review under subsection

(a), the Commission shall consider—

(1) the need for a military selective service process,

including the continuing need for a mechanism to draft large

numbers of replacement combat troops;

(2) means by which to foster a greater attitude and ethos

of service among United States youth, including an increased

propensity for military service;

(3) the feasibility and advisability of modifying the military

selective service process in order to obtain for military, national,

and public service individuals with skills (such as medical,

dental, and nursing skills, language skills, cyber skills, and

science, technology, engineering, and mathematics (STEM)

skills) for which the Nation has a critical need, without regard

to age or sex; and

(4) the feasibility and advisability of including in the mili-

tary selective service process, as so modified, an eligibility

or entitlement for the receipt of one or more Federal benefits

(such as educational benefits, subsidized or secured student

loans, grants or hiring preferences) specified by the Commission

for purposes of the review.

EFINITIONS

.—In this subtitle:

(1) The term ‘‘military service’’ means active service (as

that term is defined in subsection (d)(3) of section 101 of title

10, United States Code) in one of the uniformed services (as

that term is defined in subsection (a)(5) of such section).

(2) The term ‘‘national service’’ means civilian employment

in Federal or State Government in a field in which the Nation

and the public have critical needs.

(3) The term ‘‘public service’’ means civilian employment

in any non-governmental capacity, including with private for-

profit organizations and non-profit organizations (including

with appropriate faith-based organizations), that pursues and

enhances the common good and meets the needs of commu-

nities, the States, or the Nation in sectors related to security,

health, care for the elderly, and other areas considered appro-

priate by the Commission for purposes of this subtitle.

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130 STAT. 2131 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 552. PRELIMINARY REPORT ON PURPOSE AND UTILITY OF REG-

ISTRATION SYSTEM UNDER MILITARY SELECTIVE SERVICE

ACT.

(a) R

EPORT

EQUIRED

.—To assist the Commission in carrying

out its duties under this subtitle, the Secretary of Defense shall—

(1) submit, not later than July 1, 2017, to the Committees

on Armed Services of the Senate and the House of Representa-

tives and to the Commission a report on the current and future

need for a centralized registration system under the Military

Selective Service Act (50 U.S.C. 3801 et seq.); and

(2) provide a briefing on the results of the report.

(b) E

LEMENTS OF

EPORT

.—The report required by subsection

(a) shall include the following:

(1) A detailed analysis of the current benefits derived,

both directly and indirectly, from the Military Selective Service

System, including—

(A) the extent to which mandatory registration benefits

military recruiting;

(B) the extent to which a national registration capa-

bility serves as a deterrent to potential enemies of the

United States; and

include women would impact these benefits.

(2) An analysis of the functions currently performed by

the Selective Service System that would be assumed by the

Department of Defense in the absence of a national registration

capability.

(3) An analysis of the systems, manpower, and facilities

that would be needed by the Department to physically mobilize

inductees in the absence of the Selective Service System.

(4) An analysis of the feasibility and utility of eliminating

the current focus on mass mobilization of primarily combat

troops in favor of a system that focuses on mobilization of

all military occupational specialties, and the extent to which

such a change would impact the need for both male and female

inductees.

(5) A detailed analysis of the Department’s personnel needs

in the event of an emergency requiring mass mobilization,

including—

(A) a detailed timeline, along with the factors consid-

ered in arriving at this timeline, of when the Department

would require—

(i) the first inductees to report for service;

(ii) the first 100,000 inductees to report for service;

and

(iii) the first medical personnel to report for

service; and

(B) an analysis of any additional critical skills that

would be needed in the event of a national emergency,

and a timeline for when the Department would require

the first inductees to report for service.

(6) A list of the assumptions used by the Department

when conducting its analysis in preparing the report.

OMPTROLLER

ENERAL

EVIEW

.—Not later than December

1, 2017, the Comptroller General of the United States shall submit

to the Committees on Armed Services of the Senate and the House

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130 STAT. 2132 PUBLIC LAW 114–328—DEC. 23, 2016

of Representatives and to the Commission a review of the proce-

dures used by the Department of Defense in evaluating selective

service requirements.

SEC. 553. NATIONAL COMMISSION ON MILITARY, NATIONAL, AND

PUBLIC SERVICE.

(a) E

STABLISHMENT

.—There is established in the executive

branch an independent commission to be known as the National

Commission on Military, National, and Public Service (in this sub-

title referred to as the ‘‘Commission’’). The Commission shall be

considered an independent establishment of the Federal Govern-

ment as defined by section 104 of title 5, United States Code,

and a temporary organization under section 3161 of such title.

(b) M

EMBERSHIP

.—

(1) N

UMBER AND APPOINTMENT

.—The Commission shall be

composed of 11 members appointed as follows:

(A) The President shall appoint three members.

(B) The Majority Leader of the Senate shall appoint

one member.

(D) The Speaker of the House of Representatives shall

appoint one member.

(E) The Minority Leader of the House of Representa-

tives shall appoint one member.

(F) The Chairman of the Committee on Armed Services

of the Senate shall appoint one member.

(G) The ranking minority member of the Committee

on Armed Services of the Senate shall appoint one member.

(H) The Chairman of the Committee on Armed Services

of the House of Representatives shall appoint one member.

(I) The ranking minority member of the Committee

on Armed Services of the House of Representatives shall

appoint one member.

(2) D

EADLINE FOR APPOINTMENT

.—Members shall be

appointed to the Commission under paragraph (1) not later

than 90 days after the Commission establishment date.

(3) E

FFECT OF LACK OF APPOINTMENT BY APPOINTMENT

DATE

.—If one or more appointments under subparagraph (A)

of paragraph (1) is not made by the appointment date specified

in paragraph (2), the authority to make such appointment

or appointments shall expire, and the number of members

of the Commission shall be reduced by the number equal to

the number of appointments so not made. If an appointment

under subparagraph (B), (C), (D), (E), (F), (G), (H), or (I) of

paragraph (1) is not made by the appointment date specified

in paragraph (2), the authority to make an appointment under

such subparagraph shall expire, and the number of members

of the Commission shall be reduced by the number equal to

the number otherwise appointable under such subparagraph.

HAIR AND

ICE

HAIR

.—The Commission shall elect a

Chair and Vice Chair from among its members.

(d) T

ERMS

.—Members shall be appointed for the life of the

Commission. A vacancy in the Commission shall not affect its

powers, and shall be filled in the same manner as the original

appointment was made.

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130 STAT. 2133 PUBLIC LAW 114–328—DEC. 23, 2016

(e) S

TATUS AS

EDERAL

MPLOYEES

.—Notwithstanding the

requirements of section 2105 of title 5, United States Code,

including the required supervision under subsection (a)(3) of such

section, the members of the Commission shall be deemed to be

Federal employees.

(f) P

AY FOR

EMBERS OF THE

OMMISSION

.—

(1) I

N GENERAL

.—Each member, other than the Chair, of

the Commission shall be paid at a rate equal to the daily

equivalent of the annual rate of basic pay payable for level

IV of the Executive Schedule under section 5315 of title 5,

United States Code, for each day (including travel time) during

which the member is engaged in the actual performance of

duties vested in the Commission.

(2) C

HAIR

.—The Chair of the Commission shall be paid

at a rate equal to the daily equivalent of the annual rate

of basic pay payable for level III of the Executive Schedule

under section 5314, of title 5, United States Code, for each

day (including travel time) during which the member is engaged

in the actual performance of duties vested in the Commission.

(g) U

SE OF

OVERNMENT

NFORMATION

.—The Commission may

secure directly from any department or agency of the Federal

Government such information as the Commission considers nec-

essary to carry out its duties. Upon such request of the chair

of the Commission, the head of such department or agency shall

furnish such information to the Commission.

(h) P

OSTAL

ERVICES

.—The Commission may use the United

States mails in the same manner and under the same conditions

as departments and agencies of the United States.

(i) A

UTHORITY

CCEPT

IFTS

.—The Commission may accept,

use, and dispose of gifts or donations of services, goods, and property

from non-Federal entities for the purposes of aiding and facilitating

the work of the Commission. The authority in this subsection does

not extend to gifts of money.

(j) P

ERSONAL

ERVICES

.—

(1) A

UTHORITY TO PROCURE

.—The Commission may—

(A) procure the services of experts or consultants (or

of organizations of experts or consultants) in accordance

with the provisions of section 3109 of title 5, United States

Code; and

(B) pay in connection with such services travel

expenses of individuals, including transportation and per

diem in lieu of subsistence, while such individuals are

traveling from their homes or places of business to duty

stations.

(2) L

IMITATION

.—The total number of experts or consult-

ants procured pursuant to paragraph (1) may not exceed five

experts or consultants.

(3) M

AXIMUM DAILY PAY RATES

.—The daily rate paid an

expert or consultant procured pursuant to paragraph (1) may

not exceed the daily rate paid a person occupying a position

at level IV of the Executive Schedule under section 5315 of

title 5, United States Code.

(k) F

UNDING

.—Of the amounts authorized to be appropriated

by this Act for fiscal year 2017 for the Department of Defense,

up to $15,000,000 shall be made available to the Commission to

carry out its duties under this subtitle. Funds made available

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130 STAT. 2134 PUBLIC LAW 114–328—DEC. 23, 2016

to the Commission under the preceding sentence shall remain avail-

able until expended.

SEC. 554. COMMISSION HEARINGS AND MEETINGS.

(a) I

ENERAL

.—The Commission shall conduct hearings on

the recommendations it is taking under consideration. Any such

hearing, except a hearing in which classified information is to

be considered, shall be open to the public. Any hearing open to

the public shall be announced on a Federal website at least 14

days in advance. For all hearings open to the public, the Commission

shall release an agenda and a listing of materials relevant to

the topics to be discussed. The Commission is authorized and

encouraged to hold hearings and meetings in various locations

throughout the country to provide maximum opportunity for public

comment and participation in the Commission’s execution of its

duties.

(b) M

EETINGS

.—

(1) I

NITIAL MEETING

.—The Commission shall hold its initial

meeting not later than 30 days after the date as of which

all members have been appointed.

(2) S

UBSEQUENT MEETINGS

.—After its initial meeting, the

Commission shall meet upon the call of the chair or a majority

of its members.

(3) P

UBLIC MEETINGS

.—Each meeting of the Commission

shall be held in public unless any member objects or classified

information is to be considered.

UORUM

.—Six members of the Commission shall constitute

a quorum, but a lesser number may hold hearings or meetings.

(d) P

UBLIC

OMMENTS

.—

(1) S

OLICITATION

.—The Commission shall seek written com-

ments from the general public and interested parties on matters

of the Commission’s review under this subtitle. Comments shall

be requested through a solicitation in the Federal Register

and announcement on the Internet website of the Commission.

(2) P

ERIOD FOR SUBMITTAL

.—The period for the submittal

of comments pursuant to the solicitation under paragraph (1)

shall end not earlier than 30 days after the date of the solicita-

tion and shall end on or before the date on which recommenda-

tions are transmitted to the Commission under section 555(d).

(3) U

SE BY COMMISSION

.—The Commission shall consider

the comments submitted under this subsection when developing

its recommendations.

(e) S

PACE FOR

SE OF

OMMISSION

.—Not later than 90 days

after the date of the enactment of this Act, the Administrator

of General Services, in consultation with the Secretary, shall iden-

tify and make available suitable excess space within the Federal

space inventory to house the operations of the Commission. If

the Administrator is not able to make such suitable excess space

available within such 90-day period, the Commission may lease

space to the extent the funds are available.

(f) C

ONTRACTING

UTHORITY

.—The Commission may acquire

administrative supplies and equipment for Commission use to the

extent funds are available.

SEC. 555. PRINCIPLES AND PROCEDURE FOR COMMISSION REC-

OMMENDATIONS.

(a) C

ONTEXT OF

OMMISSION

EVIEW

.—The Commission shall—

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130 STAT. 2135 PUBLIC LAW 114–328—DEC. 23, 2016

(1) conduct a review of the military selective service

process; and

(2) consider methods to increase participation in military,

national, and public service opportunities to address national

security and other public service needs of the Nation.

(b) D

EVELOPMENT OF

OMMISSION

ECOMMENDATIONS

.—The

Commission shall develop recommendations on the matters subject

to its review under subsection (a) that are consistent with the

principles established by the President under subsection (c).

RESIDENTIAL

RINCIPLES

.—

(1) I

N GENERAL

.—Not later than three months after the

Commission establishment date, the President shall establish

and transmit to the Commission and Congress principles for

reform of the military selective service process, including means

by which to best acquire for the Nation skills necessary to

meet the military, national, and public service requirements

of the Nation in connection with that process.

(2) E

LEMENTS

.—The principles required under this sub-

section shall address the following:

(A) Whether, in light of the current and predicted

global security environment and the changing nature of

warfare, there continues to be a continuous or potential

need for a military selective service process designed to

produce large numbers of combat members of the Armed

Forces, and if so, whether such a system should include

mandatory registration by all citizens and residents,

regardless of sex.

(B) The need, and how best to meet the need, of the

Nation, the military, the Federal civilian sector, and the

private sector (including the non-profit sector) for individ-

uals possessing critical skills and abilities, and how best

to employ individuals possessing those skills and abilities

for military, national, or public service.

United States youth, an increased sense of service and

civic responsibility in order to enhance the acquisition by

the Nation of critically needed skills through education

and training, and how best to acquire those skills for mili-

tary, national, or public service.

(D) How to increase a propensity among United States

youth for service in the military, or alternatively in national

or public service, including how to increase the pool of

qualified applicants for military service.

(E) The need in Government, including the military,

and in the civilian sector to increase interest, education,

and employment in certain critical fields, including science,

technology, engineering, and mathematics (STEM),

national security, cyber, linguistics and foreign language,

education, health care, and the medical professions.

(F) How military, national, and public service may

be incentivized, including through educational benefits,

grants, federally-insured loans, Federal or State hiring

preferences, or other mechanisms that the President con-

siders appropriate.

(G) Any other matters the President considers appro-

priate for purposes of this subtitle.

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130 STAT. 2136 PUBLIC LAW 114–328—DEC. 23, 2016

(d) C

ABINET

ECOMMENDATIONS

.—Not later than seven months

after the Commission establishment date, the Secretary of Defense,

the Attorney General, the Secretary of Homeland Security, the

Secretary of Labor, and such other Government officials, and such

experts, as the President shall designate for purposes of this sub-

section shall jointly transmit to the Commission and Congress

recommendations for the reform of the military selective service

process and military, national, and public service in connection

with that process.

(e) C

OMMISSION

EPORT AND

ECOMMENDATIONS

.—

(1) R

EPORT

.—Not later than 30 months after the Commis-

sion establishment date, the Commission shall transmit to the

President and Congress a report containing the findings and

conclusions of the Commission, together with the recommenda-

tions of the Commission regarding the matters reviewed by

the Commission pursuant to this subtitle. The Commission

shall include in the report legislative language and rec-

ommendations for administrative action to implement the rec-

ommendations of the Commission. The findings and conclusions

in the report shall be based on the review and analysis by

the Commission of the recommendations made under subsection

(d).

(2) R

EQUIREMENT FOR APPROVAL

.—The recommendations

of the Commission must be approved by at least five members

of the Commission before the recommendations may be trans-

mitted to the President and Congress under paragraph (1).

(3) P

UBLIC AVAILABILITY

.—The Commission shall publish

a copy of the report required by paragraph (1) on an Internet

website available to the public on the same date on which

it transmits that report to the President and Congress under

that paragraph.

(f) J

UDICIAL

EVIEW

RECLUDED

.—Actions under this section

of the President, the officials specified or designated under sub-

section (d), and the Commission shall not be subject to judicial

review.

SEC. 556. EXECUTIVE DIRECTOR AND STAFF.

(a) E

XECUTIVE

IRECTOR

.—The Commission shall appoint and

fix the rate of basic pay for an Executive Director in accordance

with section 3161 of title 5, United States Code.

(b) S

TAFF

.—Subject to subsections (c) and (d), the Executive

Director, with the approval of the Commission, may appoint and

fix the rate of basic pay for additional personnel as staff of the

Commission in accordance with section 3161 of title 5, United

States Code.

IMITATIONS ON

TAFF

.—

(1) N

UMBER OF DETAILEES FROM EXECUTIVE DEPART

MENTS

.—Not more than one-third of the personnel employed

by or detailed to the Commission may be on detail from the

Department of Defense and other executive branch depart-

ments.

(2) P

RIOR DUTIES WITHIN EXECUTIVE BRANCH

.—A person

may not be detailed from the Department of Defense or other

executive branch department to the Commission if, in the year

before the detail is to begin, that person participated personally

and substantially in any matter concerning the preparation

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130 STAT. 2137 PUBLIC LAW 114–328—DEC. 23, 2016

of recommendations for the military selective service process

and military and public service in connection with that process.

(d) L

IMITATIONS ON

ERFORMANCE

EVIEWS

.—No member of

the uniformed services, and no officer or employee of the Depart-

ment of Defense or other executive branch department (other than

a member of the uniformed services or officer or employee who

is detailed to the Commission), may—

(1) prepare any report concerning the effectiveness, fitness,

or efficiency of the performance of the staff of the Commission

or any person detailed to that staff;

(2) review the preparation of such a report (other than

for administrative accuracy); or

(3) approve or disapprove such a report.

SEC. 557. TERMINATION OF COMMISSION.

Except as otherwise provided in this subtitle, the Commission

shall terminate not later than 36 months after the Commission

establishment date.

Subtitle G—Member Education, Training,

Resilience, and Transition

SEC. 561. MODIFICATION OF PROGRAM TO ASSIST MEMBERS OF THE

ARMED FORCES IN OBTAINING PROFESSIONAL CREDEN-

TIALS.

(a) S

COPE OF

ROGRAM

.—Section 2015(a)(1) of title 10, United

States Code, is amended by striking ‘‘incident to the performance

of their military duties’’.

(b) Q

UALITY

SSURANCE OF

ERTIFICATION

ROGRAMS AND

TANDARDS

.—Section 2015(c) of title 10, United States Code, is

amended—

(1) in paragraph (1), by striking ‘‘is accredited by an accredi-

tation body that’’ and all that follows and inserting ‘‘meets

one of the requirements specified in paragraph (2).’’; and

(2) by striking paragraph (2) and inserting the following

new paragraph (2):

‘‘(2) The requirements for a credentialing program specified

in this paragraph are that the credentialing program—

‘‘(A) is accredited by a nationally-recognized, third-

party personnel certification program accreditor;

‘‘(B)(i) is sought or accepted by employers within the

industry or sector involved as a recognized, preferred, or

required credential for recruitment, screening, hiring,

retention, or advancement purposes; and

‘‘(ii) where appropriate, is endorsed by a nationally-

recognized trade association or organization representing

a significant part of the industry or sector;

‘‘(C) grants licenses that are recognized by the Federal

Government or a State government; or

‘‘(D) meets credential standards of a Federal agency.’’.

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130 STAT. 2138 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 562. INCLUSION OF ALCOHOL, PRESCRIPTION DRUG, OPIOID, AND

OTHER SUBSTANCE ABUSE COUNSELING AS PART OF

REQUIRED PRESEPARATION COUNSELING.

Section 1142(b)(11) of title 10, United States Code, is amended

by inserting before the period the following: ‘‘and information con-

cerning the availability of treatment options and resources to

address substance abuse, including alcohol, prescription drug, and

opioid abuse’’.

SEC. 563. INCLUSION OF INFORMATION IN TRANSITION ASSISTANCE

PROGRAM REGARDING EFFECT OF RECEIPT OF BOTH VET-

ERAN DISABILITY COMPENSATION AND VOLUNTARY SEPA-

RATION PAY.

Section 1144(b) of title 10, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(10) Provide information regarding the required deduction,

pursuant to subsection (h) of section 1175a of this title, from

disability compensation paid by the Secretary of Veterans

Affairs of amounts equal to any voluntary separation pay

received by the member under such section.’’.

SEC. 564. TRAINING UNDER TRANSITION ASSISTANCE PROGRAM ON

CAREER AND EMPLOYMENT OPPORTUNITIES ASSOCIATED

WITH TRANSPORTATION SECURITY CARDS.

(a) I

ENERAL

.—Section 1144(b) of title 10, United States

Code, as amended by section 563, is further amended by adding

at the end the following new paragraph:

‘‘(11) Acting through the Secretary of the department in

which the Coast Guard is operating, provide information on

career and employment opportunities available to members

with transportation security cards issued under section 70105

of title 46.’’.

(b) D

EADLINE FOR

MPLEMENTATION

.—The program carried out

under section 1144 of title 10, United States Code, shall satisfy

the requirements of subsection (b)(11) of such section (as added

by subsection (a) of this section) by not later than 180 days after

the date of the enactment of this Act.

SEC. 565. EXTENSION OF SUICIDE PREVENTION AND RESILIENCE PRO-

GRAM.

Section 10219(g) of title 10, United States Code, is amended

by striking ‘‘October 1, 2017’’ and inserting ‘‘October 1, 2018’’.

SEC. 566. CONGRESSIONAL NOTIFICATION IN ADVANCE OF APPOINT-

MENTS TO SERVICE ACADEMIES.

(a) U

NITED

TATES

ILITARY

CADEMY

.—Section 4342(a) of title

10, United States Code, is amended in the matter after paragraph

(10) by adding at the end the following new sentence: ‘‘When a

nominee of a Senator, Representative, or Delegate is selected for

appointment as a cadet, the Senator, Representative, or Delegate

shall be notified at least 48 hours before the official notification

or announcement of the appointment is made.’’.

(b) U

NITED

TATES

AVAL

CADEMY

.—Section 6954(a) of title

10, United States Code, is amended in the matter after paragraph

(10) by adding at the end the following new sentence: ‘‘When a

nominee of a Senator, Representative, or Delegate is selected for

appointment as a midshipman, the Senator, Representative, or

10 USC 1144

note.

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130 STAT. 2139 PUBLIC LAW 114–328—DEC. 23, 2016

Delegate shall be notified at least 48 hours before the official

notification or announcement of the appointment is made.’’.

NITED

TATES

ORCE

CADEMY

.—Section 9342(a) of

title 10, United States Code, is amended in the matter after para-

graph (10) by adding at the end the following new sentence: ‘‘When

a nominee of a Senator, Representative, or Delegate is selected

for appointment as a cadet, the Senator, Representative, or Delegate

shall be notified at least 48 hours before the official notification

or announcement of the appointment is made.’’.

(d) U

NITED

TATES

ERCHANT

ARINE

CADEMY

.—Section

51302 of title 46, United States Code, is amended by adding at

the end the following:

‘‘(e) C

ONGRESSIONAL

OTIFICATION IN

DVANCE OF

PPOINT

MENTS

.—When a nominee of a Senator, Representative, or Delegate

is selected for appointment as a cadet, the Senator, Representative,

or Delegate shall be notified at least 48 hours before the official

notification or announcement of the appointment is made.’’.

(e) A

PPLICATION OF

MENDMENTS

.—The amendments made by

this section shall apply with respect to the appointment of cadets

and midshipmen to the United States Military Academy, the United

States Naval Academy, the United States Air Force Academy, and

the United States Merchant Marine Academy for classes entering

these service academies after January 1, 2018.

SEC. 567. REPORT AND GUIDANCE ON JOB TRAINING, EMPLOYMENT

SKILLS TRAINING, APPRENTICESHIPS, AND INTERNSHIPS

AND SKILLBRIDGE INITIATIVES FOR MEMBERS OF THE

ARMED FORCES WHO ARE BEING SEPARATED.

(a) R

EPORT

EQUIRED

.—Not later than 180 days after the date

of the enactment of this Act, the Under Secretary of Defense for

Personnel and Readiness shall submit to the Committees on Armed

Services of the Senate and the House of Representatives, and make

available to the public, a report evaluating the success of the

Job Training, Employment Skills Training, Apprenticeships, and

Internships (known as JTEST–AI) and SkillBridge initiatives, under

which civilian businesses and companies make available to members

of the Armed Forces who are being separated from the Armed

Forces training or internship opportunities that offer a high prob-

ability of employment for the members after their separation.

(b) E

LEMENTS

.—In preparing the report required by subsection

(a), the Under Secretary of Defense for Personnel and Readiness

shall use the effectiveness metrics described in Enclosure 5 of

Department of Defense Instruction No. 1322.29. The report shall

include the following:

(1) An assessment of the successes of the Job Training,

Employment Skills Training, Apprenticeships, and Internships

and SkillBridge initiatives.

(2) Recommendations by the Under Secretary on ways in

which the administration of the initiatives could be improved.

(3) Recommendations by civilian companies participating

in the initiatives on ways in which the administration of the

initiatives could be improved.

SEC. 568. MILITARY-TO-MARINER TRANSITION.

(a) R

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, the Secretary of Defense and the Secretary

of the department in which the Coast Guard is operating shall

10 USC 4342

note.

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130 STAT. 2140 PUBLIC LAW 114–328—DEC. 23, 2016

jointly report to the Committee on Armed Services and the Com-

mittee on Transportation and Infrastructure of the House of Rep-

resentatives and the Committee on Armed Services and the Com-

mittee on Commerce, Science, and Transportation of the Senate

on steps the Departments of Defense and Homeland Security have

taken or intend to take—

(1) to maximize the extent to which United States Armed

Forces service, training, and qualifications are creditable

toward meeting the laws and regulations governing United

States merchant mariner license, certification, and document

laws and the International Convention on Standards of

Training, Certification and Watchkeeping for Seafarers, 1978,

including steps to enhance interdepartmental coordination; and

(2) to promote better awareness among Armed Forces per-

sonnel who serve in vessel operating positions of the require-

ments for postservice use of Armed Forces training, education,

and practical experience in satisfaction of requirements for

merchant mariner credentials under section 11.213 of title 46,

Code of Federal Regulations, and the need to document such

service in a manner suitable for post-service use.

(b) L

IST OF

RAINING

ROGRAMS

.—The report under subsection

(a) shall include a list of Army, Navy, and Coast Guard training

programs open to Army, Navy, and Coast Guard vessel operators,

respectively, that shows—

(1) which programs have been approved for credit toward

merchant mariner credentials;

(2) which programs are under review for such approval;

(3) which programs are not relevant to the training needed

for merchant mariner credentials; and

(4) which programs could become eligible for credit toward

merchant mariner credentials with minor changes.

Subtitle H—Defense Dependents’ Edu-

cation and Military Family Readiness

Matters

SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDU-

CATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF

MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF

DEFENSE CIVILIAN EMPLOYEES.

(a) A

SSISTANCE TO

CHOOLS

ITH

IGNIFICANT

UMBERS OF

ILITARY

EPENDENT

TUDENTS

.—Of the amount authorized to

be appropriated for fiscal year 2017 by section 301 and available

for operation and maintenance for Defense-wide activities as speci-

fied in the funding table in division D, $30,000,000 shall be available

only for the purpose of providing assistance to local educational

agencies under subsection (a) of section 572 of the National Defense

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20

U.S.C. 7703b).

(b) I

MPACT

ID FOR

HILDREN

ITH

EVERE

ISABILITIES

.—

Of the amount authorized to be appropriated for fiscal year 2017

by section 301 and available for operation and maintenance for

Defense-wide activities as specified in the funding table in section

4301, $5,000,000 shall be available for payments under section

363 of the Floyd D. Spence National Defense Authorization Act

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130 STAT. 2141 PUBLIC LAW 114–328—DEC. 23, 2016

for Fiscal Year 2001 (as enacted into law by Public Law 106–

398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

OCAL

DUCATIONAL

GENCY

EFINED

.—In this section,

the term ‘‘local educational agency’’ has the meaning given that

term in section 8013(9) of the Elementary and Secondary Education

Act of 1965 (20 U.S.C. 7713(9)).

SEC. 572. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO THE

TRANSITION AND SUPPORT OF MILITARY DEPENDENT

STUDENTS TO LOCAL EDUCATIONAL AGENCIES.

(a) E

XTENSION

.—Section 574(c)(3) of the John Warner National

Defense Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b

note) is amended by striking ‘‘September 30, 2016’’ and inserting

‘‘September 30, 2017’’.

(b) I

NFORMATION

NCLUDED

ITH

UTURE

EQUESTS

FOR

XTENSION

.—The budget justification materials that accompany

any budget of the President for a fiscal year after fiscal year

2017 (as submitted to Congress pursuant to section 1105 of title

31, United States Code) that includes a request for the extension

of section 574(c) of the John Warner National Defense Authorization

Act for Fiscal Year 2007 shall include the following:

(1) A full accounting of the expenditure of funds pursuant

to such section 574(c) during the last fiscal year ending before

the date of the submittal of the budget.

(2) An assessment of the impact of the expenditure of

such funds on the quality of opportunities for elementary and

secondary education made available for military dependent stu-

dents.

SEC. 573. ANNUAL NOTICE TO MEMBERS OF THE ARMED FORCES

REGARDING CHILD CUSTODY PROTECTIONS GUARANTEED

BY THE SERVICEMEMBERS CIVIL RELIEF ACT.

The Secretaries of each of the military departments shall ensure

that each member of the Armed Forces with dependents receives

annually, and prior to each deployment, notice of the child custody

protections afforded to members of the Armed Forces under the

Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.).

SEC. 574. REQUIREMENT FOR ANNUAL FAMILY ADVOCACY PROGRAM

REPORT REGARDING CHILD ABUSE AND DOMESTIC

VIOLENCE.

(a) A

NNUAL

EPORT ON

HILD

BUSE AND

OMESTIC

IOLENCE

.—Not later than April 30, 2017, and annually thereafter

through April 30, 2021, the Secretary of Defense shall submit

to the Committees on Armed Services of the House of Representa-

tives and the Senate a report on the child abuse and domestic

abuse incident data from the Department of Defense Family

Advocacy Program central registry of child abuse and domestic

abuse incidents for the preceding calendar year.

(b) C

ONTENTS

.—The report shall contain each of the following:

(1) The number of incidents reported during the year cov-

ered by the report involving—

(A) spouse physical or sexual abuse;

(B) intimate partner physical or sexual abuse;

(D) child or domestic abuse resulting in a fatality.

(2) An analysis of the number of such incidents that met

the criteria for substantiation.

50 USC 3938a.

20 USC 7703b

note.

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130 STAT. 2142 PUBLIC LAW 114–328—DEC. 23, 2016

(3) An analysis of—

(A) the types of abuse reported;

(B) for cases involving children as the reported victims

of the abuse, the ages of the abused children; and

tims.

(4) An analysis of the military status, sex, and pay grade

of the alleged perpetrator of the child or domestic abuse.

(5) An analysis of the effectiveness of the Family Advocacy

Program.

OORDINATION OF

ELEASE

ATE

ETWEEN

NNUAL

EPORTS

EGARDING

EXUAL

SSAULTS AND

AMILY

DVOCACY

GRAM

EPORT

.—The Secretary of Defense shall ensure that the

sexual assault reports required to be submitted under section

1631(d) of the Ike Skelton National Defense Authorization Act

for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note)

for a year are delivered to the Committees on Armed Services

of the House of Representatives and the Senate simultaneously

with the report for that year required under this section.

SEC. 575. REPORTING ON ALLEGATIONS OF CHILD ABUSE IN MILITARY

FAMILIES AND HOMES.

(a) R

EPORTS TO

AMILY

DVOCACY

ROGRAM

FFICES

.—

(1) I

N GENERAL

.—The following information shall be

reported immediately to the Family Advocacy Program office

at the military installation to which the member of the Armed

Forces concerned is assigned:

(A) Credible information (which may include a reason-

able belief), obtained by any individual within the chain

of command of the member, that a child in the family

or home of the member has suffered an incident of child

abuse.

(B) Information, learned by a member of the Armed

Forces engaged in a profession or activity described in

section 226(b) of the Victims of Child Abuse Act of 1990

(42 U.S.C. 13031(b)) for members of the Armed Forces

and their dependents, that gives reason to suspect that

a child in the family or home of the member has suffered

an incident of child abuse.

(2) R

EGULATIONS

.—The Secretary of Defense and the Sec-

retary of Homeland Security (with respect to the Coast Guard

when it is not operating as a service in the Navy) shall jointly

prescribe regulations to carry out this subsection.

(3) C

HILD ABUSE DEFINED

.—In this subsection, the term

‘‘child abuse’’ has the meaning given that term in section 226(c)

of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031(c)).

(b) R

EPORTS TO

TATE

HILD

ELFARE

ERVICES

.—Section 226

of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031) is

amended—

(1) in subsection (a), by inserting ‘‘ and to the agency

or agencies provided for in subsection (e), if applicable’’ before

the period;

(2) by redesignating subsections (e) and (f) as subsections

(f) and (g), respectively; and

(3) by inserting after subsection (d) the following new sub-

section (e):

10 USC 1787

note.

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130 STAT. 2143 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(e) R

EPORTERS AND

ECIPIENT OF

EPORT

NVOLVING

HILDREN

AND

OMES OF

EMBERS OF THE

RMED

ORCES

.—

‘‘(1) R

ECIPIENTS OF REPORTS

.—In the case of an incident

described in subsection (a) involving a child in the family or

home of member of the Armed Forces (regardless of whether

the incident occurred on or off a military installation), the

report required by subsection (a) shall be made to the appro-

priate child welfare services agency or agencies of the State

in which the child resides. The Attorney General, the Secretary

of Defense, and the Secretary of Homeland Security (with

respect to the Coast Guard when it is not operating as a

service in the Navy) shall jointly, in consultation with the

chief executive officers of the States, designate the child welfare

service agencies of the States that are appropriate recipients

of reports pursuant to this subsection. Any report on an incident

pursuant to this subsection is in addition to any other report

on the incident pursuant to this section.

‘‘(2) M

AKERS OF REPORTS

.—For purposes of the making

of reports under this section pursuant to this subsection, the

persons engaged in professions and activities described in sub-

section (b) shall include members of the Armed Forces who

are engaged in such professions and activities for members

of the Armed Forces and their dependents.’’.

SEC. 576. REPEAL OF ADVISORY COUNCIL ON DEPENDENTS’ EDU-

CATION.

Section 1411 of the Defense Dependents’ Education Act of 1978

(20 U.S.C. 929) is repealed.

SEC. 577. SUPPORT FOR PROGRAMS PROVIDING CAMP EXPERIENCE

FOR CHILDREN OF MILITARY FAMILIES.

(a) A

UTHORITY TO

ROVIDE

UPPORT

.—The Secretary of Defense

may provide financial or non-monetary support to qualified non-

profit organizations in order to assist such organizations in carrying

out programs to support the attendance at a camp, or camp-like

setting, of children of military families who have experienced the

death of a family member or other loved one or who have another

family member living with a substance use disorder or post-trau-

matic stress disorder.

(b) A

PPLICATION FOR

UPPORT

.—

(1) I

N GENERAL

.—Each organization seeking support pursu-

ant to subsection (a) shall submit to the Secretary of Defense

an application therefor containing such information as the Sec-

retary shall specify for purposes of this section.

(2) C

ONTENTS

.—Each application submitted under para-

graph (1) shall include the following:

(A) A description of the program for which support

is being sought, including the location of the setting or

settings under the program, the duration of such setting

or settings, any local partners participating in or contrib-

uting to the program, and the ratio of counselors, trained

volunteers, or both to children at such setting or settings.

(B) An estimate of the number of children of military

families to be supported using the support sought.

be conducted using the support sought, including the

manner in which activities are particularly supportive to

children of military families described in subsection (a).

10 USC 1781

note.

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130 STAT. 2144 PUBLIC LAW 114–328—DEC. 23, 2016

(D) A description of the outreach conducted or to be

conducted by the organization to military families

regarding the program.

SE OF

UPPORT

.—Support provided by the Secretary of

Defense to an organization pursuant to subsection (a) shall be

used by the organization to support attendance at a camp, or

camp-like setting, of children of military families described in sub-

section (a).

SEC. 578. COMPTROLLER GENERAL OF THE UNITED STATES ASSESS-

MENT AND REPORT ON EXCEPTIONAL FAMILY MEMBER

PROGRAMS.

(a) A

SSESSMENT AND

EPORT

EQUIRED

.—

(1) A

SSESSMENT

.—The Comptroller General of the United

States shall conduct an assessment on the effectiveness of

each Exceptional Family Member Program of the Armed Forces.

(2) R

EPORT

.—Not later than December 31, 2017, the Comp-

troller General shall submit to the Committees on Armed Serv-

ices of the Senate and the House of Representatives a report

containing the results of the assessment conducted under this

subsection.

(b) E

LEMENTS

.—The assessment and report under subsection

(a) shall address the following:

(1) The differences between each Exceptional Family

Member Program of the Armed Forces.

(2) The manner in which Exceptional Family Member Pro-

grams are implemented on joint bases and installations.

(3) The extent to which military family members are

screened for potential coverage under an Exceptional Family

Member Program and the manner of such screening.

(4) The degree to which conditions of military family mem-

bers who qualify for coverage under an Exceptional Family

Member Program are taken into account in making assignments

of military personnel.

(5) The types of services provided to address the needs

of military family members who qualify for coverage under

an Exceptional Family Member Program.

(6) The extent to which the Department of Defense has

implemented specific directives for providing family support

and enhanced case management services, such as special needs

navigators, to military families with special needs children.

(7) The extent to which the Department has conducted

periodic reviews of best practices in the United States for

the provision of medical and educational services to military

family members with special needs.

(8) The necessity in the Department for an advisory panel

on community support for military families members with spe-

cial needs.

(9) The development and implementation of the uniform

policy for the Department regarding families with special needs

required by section 1781c(e) of title 10, United States Code.

(10) The implementation by each Armed Force of the rec-

ommendations in the Government Accountability Report enti-

tled ‘‘Military Dependent Students, Better Oversight Needed

to Improve Services for Children with Special Needs’’ (GAO–

12–680).

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130 STAT. 2145 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 579. IMPACT AID AMENDMENTS.

(a) M

ILITARY

‘‘B

UILD TO

EASE

’’ P

ROGRAM

OUSING

.—Notwith-

standing section 5(d) of the Every Student Succeeds Act (Public

Law 114–95; 129 Stat. 1806), the amendment made by section

7004(1) of such Act (Public Law 114–95; 129 Stat. 2077)—

(1) for fiscal year 2016—

(A) shall be applied as if amending section

8003(a)(5)(A) of the Elementary and Secondary Education

Act of 1965, as in effect on the day before the date of

enactment of the Every Student Succeeds Act (Public Law

114–95; 129 Stat. 1802); and

(B) shall be applicable with respect to appropriations

for use under title VIII of the Elementary and Secondary

Education Act of 1965 (Public Law 114–95; 129 Stat. 1802);

and

(2) for fiscal year 2017 and each succeeding fiscal year,

shall be in effect with respect to appropriations for use under

title VII of the Elementary and Secondary Education Act of

1965, as amended by the Every Student Succeeds Act (Public

Law 114–95; 129 Stat. 1802).

(b) E

LIGIBILITY FOR

EAVILY

MPACTED

OCAL

DUCATIONAL

GENCIES

.—

(1) A

MENDMENT

.—Subclause (I) of section 7003(b)(2)(B)(i)

of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 7703(b)(2)(B)(i)(I)) is amended to read as follows:

‘‘(I) is a local educational agency—

‘‘(aa) whose boundaries are the same as

a Federal military installation; or

‘‘(bb)(AA) whose boundaries are the same

as an island property designated by the Sec-

retary of the Interior to be property that is

held in trust by the Federal Government; and

‘‘(BB) that has no taxing authority;’’.

(2) E

FFECTIVE DATE

.—The amendment made by paragraph

(1) shall take effect with respect to appropriations for use

under title VII of the Elementary and Secondary Education

Act of 1965, as amended by the Every Student Succeeds Act

(Public Law 114–95; 129 Stat. 1802), beginning with fiscal

year 2017 and as if enacted as part of title VII of the Every

Student Succeeds Act.

PECIAL

ULE

EGARDING THE

-P

UPIL

XPENDITURE

EQUIREMENT

.—

(1) R

EFERENCES

.—Except as otherwise expressly provided,

any reference in this subsection to a section or other provision

of title VII of the Elementary and Secondary Education Act

of 1965 shall be considered to be a reference to the section

or other provision of such title VII as amended by the Every

Student Succeeds Act (Public Law 114–95; 129 Stat. 1802).

(2) I

N GENERAL

.—Notwithstanding section 5(d) of the Every

Student Succeeds Act (Public Law 114–95; 129 Stat. 1806)

or section 7003(b)(2) of the Elementary and Secondary Edu-

cation Act of 1965 (20 U.S.C. 7703(b)(2)), with respect to any

application submitted under section 7005 of such Act (20 U.S.C.

7705) for eligibility consideration under subclause (II) or (V)

of section 7003(b)(2)(B)(i) of such Act for fiscal year 2017, 2018,

or 2019, the Secretary of Education shall determine that a

local educational agency meets the per-pupil expenditure

20 USC 7703

note.

20 USC 7703

note.

20 USC 7703

note.

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130 STAT. 2146 PUBLIC LAW 114–328—DEC. 23, 2016

requirement for purposes of such subclause (II) or (V), as

applicable, only if—

(A) in the case of a local educational agency that

received a basic support payment for fiscal year 2001 under

section 8003(b)(2)(B) of the Elementary and Secondary Edu-

cation Act of 1965 (20 U.S.C. 7703(b)(2)(B)) (as such section

was in effect for such fiscal year), the agency, for the

year for which the application is submitted, has a per-

pupil expenditure that is less than the average per-pupil

expenditure of the State in which the agency is located

or the average per-pupil expenditure of all States (which-

ever average per-pupil expenditure is greater), except that

a local educational agency with a total student enrollment

of less than 350 students shall be deemed to have satisfied

such per-pupil expenditure requirement; or

(B) in the case of a local educational agency that did

not receive a basic support payment for fiscal year 2015

under such section 8003(b)(2)(B), as so in effect, the agency,

for the year for which the application is submitted—

(i) has a total student enrollment of 350 or more

students and a per-pupil expenditure that is less than

the average per-pupil expenditure of the State in which

the agency is located; or

(ii) has a total student enrollment of less than

350 students and a per-pupil expenditure that is less

than the average per-pupil expenditure of a comparable

local educational agency or 3 comparable local edu-

cational agencies (whichever average per-pupil

expenditure is greater), in the State in which the

agency is located.

(d) P

AYMENTS FOR

LIGIBLE

EDERALLY

ONNECTED

HIL

DREN

.—

(1) A

MENDMENTS

.—Section 7003(b)(2) of the Elementary

and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)),

as amended by subsection (b) and sections 7001 and 7004

of the Every Student Succeeds Act (Public Law 114–95; 129

Stat. 2074, 2077), is further amended—

(A) in subclause (IV) of subparagraph (B)(i)—

(i) in the matter preceding item (aa), by inserting

‘‘received a payment for fiscal year 2015 under section

8003(b)(2)(E) (as such section was in effect for such

fiscal year) and’’ before ‘‘has’’;

(ii) in item (aa), by striking ‘‘50’’ and inserting

‘‘35’’; and

(iii) by striking item (bb) and inserting the fol-

lowing:

‘‘(bb)(AA) not less than 3,500 of such chil-

dren are children described in subparagraphs

(A) and (B) of subsection (a)(1); or

‘‘(BB) not less than 7,000 of such children

are children described in subparagraph (D)

of subsection (a)(1);’’; and

(B) in subparagraph (D)—

(i) in clause (i)—

(I) in subclause (I), by striking ‘‘clause (ii)’’

and inserting ‘‘clauses (ii), (iii), and (iv)’’; and

(II) in subclause (II)—

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130 STAT. 2147 PUBLIC LAW 114–328—DEC. 23, 2016

(aa) by inserting ‘‘received a payment for

fiscal year 2015 under section 8003(b)(2)(E)

(as such section was in effect for such fiscal

year) and’’ after ‘‘agency that’’;

(bb) by striking ‘‘50 percent’’ and inserting

‘‘35 percent’’;

(cc) by striking ‘‘subsection (a)(1) and not

less than 5,000’’ and inserting the following:

‘‘subsection (a)(1) and—

‘‘(aa) not less than 3,500’’; and

(dd) by striking ‘‘subsection (a)(1).’’ and

inserting the following: ‘‘subsection (a)(1); or

‘‘(bb) not less than 7,000 of such children

are children described in subparagraph (D)

of subsection (a)(1).’’;

(ii) in clause (ii), by striking ‘‘shall be 1.35.’’ and

inserting the following: ‘‘shall be—

‘‘(I) for fiscal year 2016, 1.35;

‘‘(II) for each of fiscal years 2017 and 2018,

1.38;

‘‘(III) for fiscal year 2019, 1.40;

‘‘(IV) for fiscal year 2020, 1.42; and

‘‘(V) for fiscal year 2021 and each fiscal year

thereafter, 1.45.’’; and

(iii) by adding at the end the following:

‘‘(iii) F

ACTOR FOR CHILDREN WHO LIVE OFF BASE

.—

For purposes of calculating the maximum amount

described in clause (i), the factor used in determining

the weighted student units under subsection (a)(2) with

respect to children described in subsection (a)(1)(D)

shall be—

‘‘(I) for fiscal year 2016, .20;

‘‘(II) for each of fiscal years 2017 and 2018,

.22;

‘‘(III) for each of fiscal years 2019 and 2020,

.25; and

‘‘(IV) for fiscal year 2021 and each fiscal year

thereafter—

‘‘(aa) .30 with respect to each of the first

7,000 children; and

‘‘(bb) .25 with respect to the number of

children that exceeds 7,000.

‘‘(iv) S

PECIAL RULE

.—Notwithstanding clauses (ii)

and (iii), for fiscal year 2020 or any succeeding fiscal

year, if the number of students who are children

described in subparagraphs (A) and (B) of subsection

(a)(1) for a local educational agency subject to this

subparagraph exceeds 7,000 for such year or the

number of students who are children described in sub-

section (a)(1)(D) for such local educational agency

exceeds 12,750 for such year, then—

‘‘(I) the factor used, for the fiscal year for

which the determination is being made, to deter-

mine the weighted student units under subsection

(a)(2) with respect to children described in sub-

paragraphs (A) and (B) of subsection (a)(1) shall

be 1.40; and

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130 STAT. 2148 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(II) the factor used, for such fiscal year, to

determine the weighted student units under sub-

section (a)(2) with respect to children described

in subsection (a)(1)(D) shall be .20.’’.

(2) E

FFECTIVE DATE

.—The amendments made by paragraph

(1) shall take effect with respect to appropriations for use

under title VII of the Elementary and Secondary Education

Act of 1965 beginning with fiscal year 2017 and as if enacted

as part of title VII of the Every Student Succeeds Act (Public

Law 114–95; 129 Stat. 2074).

(3) S

PECIAL RULES

.—

(A) A

PPLICABILITY FOR FISCAL YEAR 2016

.—Notwith-

standing any other provision of law, in making basic sup-

port payments under section 8003(b)(2) of the Elementary

and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2))

for fiscal year 2016, the Secretary of Education shall carry

out subparagraphs (B)(i) and (E) of such section as if the

amendments made to subparagraphs (B)(i)(IV) and (D) of

section 7003(b)(2) of such Act (as amended and redesig-

nated by this subsection and the Every Student Succeeds

Act (Public Law 114–95; 129 Stat. 1802)) had also been

made to the corresponding provisions of section 8003(b)(2)

of the Elementary and Secondary Education Act of 1965,

as in effect on the day before the date of enactment of

the Every Student Succeeds Act.

(B) L

OSS OF ELIGIBILITY

.—For fiscal year 2016 or any

succeeding fiscal year, if a local educational agency is

eligible for a basic support payment under subclause (IV)

of section 7003(b)(2)(B)(i) of the Elementary and Secondary

Education Act of 1965 (as amended by this section and

the Every Student Succeeds Act (Public Law 114–95; 129

Stat. 1802)) or through a corresponding provision under

subparagraph (A), such local educational agency shall be

ineligible to apply for a payment for such fiscal year under

any other subclause of such section (or, for fiscal year

2016, any other item of section 8003(b)(2)(B)(i)(II) of the

Elementary and Secondary Education Act of 1965).

AYMENT AMOUNTS

.—If, before the date of enact-

ment of this Act, a local educational agency receives 1

or more payments under section 8003(b)(2)(E) of the

Elementary and Secondary Education Act of 1965 (20

U.S.C. 7703(b)(2)(E)) for fiscal year 2016, the sum of which

is greater than the amount the Secretary of Education

determines the local educational agency is entitled to

receive under such section in accordance with subpara-

graph (A)—

(i) the Secretary shall allow the local educational

agency to retain the larger amount; and

(ii) such local educational agency shall not be

eligible to receive any additional payment under such

section for fiscal year 2016.

20 USC 7703

note.

20 USC 7703

note.

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130 STAT. 2149 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle I—Decorations and Awards

SEC. 581. POSTHUMOUS ADVANCEMENT OF COLONEL GEORGE E.

‘‘BUD’’ DAY, UNITED STATES AIR FORCE, ON THE RETIRED

LIST .

(a) A

DVANCEMENT

.—Colonel George E. ‘‘Bud’’ Day, United

States Air Force (retired), is entitled to hold the rank of brigadier

general while on the retired list of the Air Force.

(b) A

DDITIONAL

ENEFITS

CCRUE

.—The advancement

of George E. ‘‘Bud’’ Day on the retired list of the Air Force under

subsection (a) shall not affect the retired pay or other benefits

from the United States to which George E. ‘‘Bud’’ Day would have

been entitled based upon his military service or affect any benefits

to which any other person may become entitled based on his military

service.

SEC. 582. AUTHORIZATION FOR AWARD OF MEDALS FOR ACTS OF

VALOR DURING CERTAIN CONTINGENCY OPERATIONS.

(a) A

UTHORIZATION

.—Notwithstanding the time limitations

specified in sections 3744, 6248, and 8744 of title 10, United States

Code, or any other time limitation with respect to the awarding

of certain medals to persons who served in the Armed Forces,

the President may award a medal specified in subsection (c) to

a member or former member of the Armed Forces identified as

warranting award of that medal pursuant to the review of valor

award nominations for Operation Enduring Freedom, Operation

Iraqi Freedom, Operation New Dawn, Operation Freedom’s Sen-

tinel, and Operation Inherent Resolve that was directed by the

Secretary of Defense on January 7, 2016.

(b) A

WARD OF

EDAL OF

ONOR

.—If, pursuant to the review

referred to in subsection (a), the President decides to award to

a member or former member of the Armed Forces the Medal of

Honor, the medal may only be awarded after the Secretary of

Defense submits to the Committees on Armed Services of the Senate

and the House of Representatives a letter identifying the intended

recipient of the Medal of Honor and the rationale for awarding

the Medal of Honor to such intended recipient.

EDALS

.—The medals covered by subsection (a) are any

of the following:

(1) The Medal of Honor under section 3741, 6241, or 8741

of title 10, United States Code.

(2) The Distinguished-Service Cross under section 3742

of such title.

(3) The Navy Cross under section 6242 of such title.

(4) The Air Force Cross under section 8742 of such title.

(5) The Silver Star under section 3746, 6244, or 8746

of such title.

(d) T

ERMINATION

.—No medal may be awarded under the

authority of this section after December 31, 2019.

SEC. 583. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR

TO GARY M. ROSE AND JAMES C. MCCLOUGHAN FOR ACTS

OF VALOR DURING THE VIETNAM WAR.

(a) G

ARY

M. R

OSE

.—

(1) A

UTHORIZATION

.—Notwithstanding the time limitations

specified in section 3744 of title 10, United States Code, or

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130 STAT. 2150 PUBLIC LAW 114–328—DEC. 23, 2016

any other time limitation with respect to the awarding of cer-

tain medals to persons who served in the Armed Forces, the

President is authorized to award the Medal of Honor under

section 3741 of such title to Gary M. Rose for the acts of

valor described in paragraph (2).

(2) A

CTS OF VALOR DESCRIBED

.—The acts of valor referred

to in paragraph (1) are the actions of Gary M. Rose in Laos

from September 11 through 14, 1970, during the Vietnam War

while a member of the United States Army, Military Assistance

Command Vietnam-Studies and Observation Group

(MACVSOG).

(b) J

AMES

C. M

LOUGHAN

.—

(1) A

UTHORIZATION

.—Notwithstanding the time limitations

specified in section 3744 of title 10, United States Code, or

any other time limitation with respect to the awarding of cer-

tain medals to persons who served in the Armed Forces, the

President is authorized to award the Medal of Honor under

section 3741 of such title to James C. McCloughan for the

acts of valor described in paragraph (2).

(2) A

CTS OF VALOR DESCRIBED

.—The acts of valor referred

to in paragraph (1) are the actions of James C. McCloughan

during combat operations between May 13, 1969, and May

15, 1969, while serving as a Combat Medic with Company

C, 3d Battalion, 21st Infantry, 196th Light Infantry Brigade,

American Division, Republic of Vietnam, for which he was

previously awarded the Bronze Star Medal with ‘‘V’’ Device.

SEC. 584. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE

CROSS TO FIRST LIEUTENANT MELVIN M. SPRUIELL FOR

ACTS OF VALOR DURING WORLD WAR II.

(a) W

AIVER OF

IME

IMITATIONS

.—Notwithstanding the time

limitations specified in section 3744 of title 10, United States Code,

or any other time limitation with respect to the awarding of certain

medals to persons who served in the Armed Forces, the Secretary

of the Army may award the Distinguished-Service Cross under

section 3742 of such title to First Lieutenant Melvin M. Spruiell

of the Army for the acts of valor during World War II described

in subsection (b).

(b) A

CTS OF

ALOR

ESCRIBED

.—The acts of valor referred

to in subsection (a) are the actions of First Lieutenant Melvin

M. Spruiell on June 10 and 11, 1944, as a member of the Army

serving in France with the 377th Parachute Field Artillery, 101st

Airborne Division.

SEC. 585. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED

SERVICE CROSS TO CHAPLAIN (FIRST LIEUTENANT)

JOSEPH VERBIS LAFLEUR FOR ACTS OF VALOR DURING

WORLD WAR II.

(a) A

UTHORIZATION

.—Notwithstanding the time limitations

specified in section 3744 of title 10, United States Code, or any

other time limitation with respect to the awarding of certain medals

to persons who served in the Armed Forces, the Secretary of the

Army may award the Distinguished Service Cross under section

3742 of that title to Chaplain (First Lieutenant) Joseph Verbis

LaFleur for the acts of valor referred to in subsection (b).

(b) A

CTS OF

ALOR

ESCRIBED

.—The acts of valor referred

to in subsection (a) are the actions of Chaplain (First Lieutenant)

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130 STAT. 2151 PUBLIC LAW 114–328—DEC. 23, 2016

Joseph Verbis LaFleur while interned as a prisoner-of- war by

Japan from December 30, 1941, to September 7, 1944.

SEC. 586. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CER-

TAIN ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC

ISLANDER WAR VETERANS.

(a) R

EVIEW

EQUIRED

.—The Secretary of each military depart-

ment shall review the service records of each Asian American

and Native American Pacific Islander war veteran described in

subsection (b) to determine whether that veteran should be awarded

the Medal of Honor.

(b) C

OVERED

ETERANS

.—The Asian American and Native

American Pacific Islander war veterans whose service records are

to be reviewed under subsection (a) are any former members of

the Armed Forces whose service records identify them as an Asian

American or Native American Pacific Islander war veteran who

was awarded the Distinguished-Service Cross, the Navy Cross, or

the Air Force Cross during the Korean War or the Vietnam War.

ONSULTATIONS

.—In carrying out the review under sub-

section (a), the Secretary of each military department shall consult

with such veterans service organizations as the Secretary considers

appropriate.

(d) R

ECOMMENDATIONS

ASED ON

EVIEW

.—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) A

UTHORITY TO

WARD

EDAL OF

ONOR

.—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) C

ONGRESSIONAL

OTIFICATION

.—No Medal of Honor may

be awarded pursuant to subsection (e) until the Secretary of Defense

submits to the Committees on Armed Services of the Senate and

the House of Representatives notice of the recommendations under

subsection (d), including the name of each Asian American or Native

American Pacific Islander war veteran recommended to be awarded

a Medal of Honor and the rationale for such recommendation.

(g) W

AIVER OF

IME

IMITATIONS

.—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) D

EFINITION

.—In this section, the term ‘‘Native American

Pacific Islander’’ means a Native Hawaiian or Native American

Pacific Islander, as those terms are defined in section 815 of the

Native American Programs Act of 1974 (42 U.S.C. 2992c).

10 USC 3741

note.

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130 STAT. 2152 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle J—Miscellaneous Reports and

Other Matters

SEC. 591. REPEAL OF REQUIREMENT FOR A CHAPLAIN AT THE UNITED

STATES AIR FORCE ACADEMY APPOINTED BY THE PRESI-

DENT.

(a) R

EPEAL

.—Section 9337 of title 10, United States Code, is

repealed.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 903 of such title is amended by striking the item

related to section 9337.

SEC. 592. EXTENSION OF LIMITATION ON REDUCTION IN NUMBER OF

MILITARY AND CIVILIAN PERSONNEL ASSIGNED TO DUTY

WITH SERVICE REVIEW AGENCIES.

Section 1559(a) of title 10, United States Code, is amended

by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2019’’.

SEC. 593. ANNUAL REPORTS ON PROGRESS OF THE ARMY AND THE

MARINE CORPS IN INTEGRATING WOMEN INTO MILITARY

OCCUPATIONAL SPECIALITIES AND UNITS RECENTLY

OPENED TO WOMEN.

(a) R

EPORTS

EQUIRED

.—Not later than April 1, 2017, and

each year thereafter through 2020, the Chief of Staff of the Army

and the Commandant of the Marine Corps shall each submit to

the Committees on Armed Services of the Senate and the House

of Representatives a report on the current status of the implementa-

tion by the Army and the Marine Corps, respectively, of the policy

of Secretary of Defense dated March 9, 2016, to open to women

military occupational specialties and units previously closed to

women.

(b) E

LEMENTS

.—Each report shall include, current as of the

date of such report and for the Armed Force covered by such

report, the following:

(1) The status of gender-neutral standards throughout the

Entry Level Training continuum.

(2) The propensity of applicants to apply for and access

into newly-opened ground combat programs, by gender and

program.

(3) Success rates in Initial Screening Tests and Military

Occupational Speciality (MOS) Classification Standards for

newly-opened ground combat military occupational specialties,

by gender.

(4) Attrition rates and the top three causes of attrition

throughout the Entry Level Training continuum, by gender

and military occupational specialty.

(5) Reclassification rates and the top three causes of

reclassification throughout the Entry Level Training con-

tinuum, by gender and military occupational specialty.

(6) Injury rates and the top five causes of injury throughout

the Entry Level Training continuum, by gender and military

occupational specialty.

(7) Injury rates and nondeployability rates in newly-opened

ground combat military occupational specialties, by gender and

military occupational specialty.

10 USC 9331

prec.

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130 STAT. 2153 PUBLIC LAW 114–328—DEC. 23, 2016

(8) Lateral move approval rates into newly-opened military

occupational specialties, by gender and military occupational

specialty.

(9) Reenlistment and retention rates in newly-opened

ground combat military occupational specialties, by gender and

military occupational specialty.

(10) Promotion rates in newly-opened ground combat mili-

tary occupational specialties, by grade and gender.

(11) Actions taken to address matters relating to equipment

sizing and supply, and facilities, in connection with the

implementation by such Armed Force of the policy referred

to in paragraph (1).

PPLICABILITY TO

SOCOM.—In addition to the reports

required by subsection (a), the Commander of the United States

Special Operations Command shall submit to the Committees on

Armed Services of the Senate and the House of Representatives,

on the dates provided for in subsection (a), a report on the current

status of the implementation by the United States Special Oper-

ations Command of the policy of Secretary of Defense referred

to in subsection (a). Each report shall include the matters specified

in subsection (b) with respect to the United States Special Oper-

ations Command.

SEC. 594. REPORT ON FEASABILITY OF ELECTRONIC TRACKING OF

OPERATIONAL ACTIVE-DUTY SERVICE PERFORMED BY

MEMBERS OF THE READY RESERVE OF THE ARMED

FORCES.

Not later than March 1, 2017, the Secretary of Defense shall

submit to the Committees on Armed Services of the Senate and

the House of Representatives a report on the feasability of estab-

lishing an electronic means by which members of the Ready Reserve

of the Armed Forces can track their operational active-duty service

performed after January 28, 2008, under section 12301(a), 12301(d),

12301(g), 12302, or 12304 of title 10, United States Code. The

means assessed for purposes of the report shall include a tour

calculator that specifies early retirement credit authorized for each

qualifying tour of active duty, as well as cumulative early reserve

retirement credit authorized to date under section 12731(f) of such

title.

SEC. 595. REPORT ON DISCHARGE BY WARRANT OFFICERS OF PILOT

AND OTHER FLIGHT OFFICER POSITIONS IN THE NAVY,

MARINE CORPS, AND AIR FORCE CURRENTLY DIS-

CHARGED BY COMMISSIONED OFFICERS.

(a) R

EPORT

EQUIRED

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of the Navy and the

Secretary of the Air Force shall each submit to the Committees

on Armed Services of the Senate and the House of Representatives

a report on the feasibility and advisability of the discharge by

warrant officers of pilot and other flight officer positions in the

Armed Forces under the jurisdiction of such Secretary that are

currently discharged by commissioned officers.

(b) E

LEMENTS

.—Each report under subsection (a) shall set forth,

for each Armed Force covered by such report, the following:

(1) An assessment of the feasibility and advisability of

the discharge by warrant officers of pilot and other flight officer

positions that are currently discharged by commissioned offi-

cers.

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130 STAT. 2154 PUBLIC LAW 114–328—DEC. 23, 2016

(2) An identification of each such position, if any, for which

the discharge by warrant officers is assessed to be feasible

and advisable.

SEC. 596. BODY MASS INDEX TEST.

(a) R

EVIEW

EQUIRED

.—Each Secretary of a military depart-

ment shall review—

(1) the current body mass index test procedure used by

each Armed Force under the jurisdiction of that Secretary;

and

(2) other methods to measure body fat with a more holistic

health and wellness approach.

(b) E

LEMENTS

.—The review required under subsection (a)

shall—

(1) address nutrition counseling;

(2) determine the best methods to be used by the Armed

Forces to assess body fat percentages; and

(3) improve the accuracy of body fat measurements.

SEC. 597. REPORT ON CAREER PROGRESSION TRACKS OF THE ARMED

FORCES FOR WOMEN IN COMBAT ARMS UNITS.

Not later than 30 days after the date of the enactment of

this Act, the Secretary of Defense shall submit to Congress a

report setting forth a description, for each Armed Force, of the

following:

(1) The career progression track for entry level women

as officers in combat arms units of such Armed Force.

(2) The career progression track for laterally transferred

women as officers in combat arms units of such Armed Force.

(3) The career progression track for entry level women

as enlisted members in combat arms units of such Armed

Force.

(4) The career progression track for laterally transferred

women as enlisted members in combat arms units of such

Armed Force.

TITLE VI—COMPENSATION AND OTHER

PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Fiscal year 2017 increase in military basic pay.

Sec. 602. Publication by Department of Defense of actual rates of basic pay payable

to members of the Armed Forces by pay grade for annual or other pay

periods.

Sec. 603. Extension of authority to provide temporary increase in rates of basic al-

lowance for housing under certain circumstances.

Sec. 604. Reports on a new single-salary pay system for members of the Armed

Forces.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for re-

serve forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for health

care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-

cers.

Sec. 614. One-year extension of authorities relating to title 37 consolidated special

pay, incentive pay, and bonus authorities.

Sec. 615. One-year extension of authorities relating to payment of other title 37 bo-

nuses and special pays.

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130 STAT. 2155 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 616. Aviation incentive pay and bonus matters.

Sec. 617. Conforming amendment to consolidation of special pay, incentive pay, and

bonus authorities.

Sec. 618. Technical amendments relating to 2008 consolidation of certain special

pay authorities.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Maximum reimbursement amount for travel expenses of members of the

Reserves attending inactive duty training outside of normal commuting

distances.

Subtitle D—Disability Pay, Retired Pay, and Survivor Benefits

ART

I—A

MENDMENTS IN

ONNECTION

ITH

ETIRED

EFORM

Sec. 631. Election period for members in the service academies and inactive Re-

serves to participate in the modernized retirement system.

Sec. 632. Effect of separation of members from the uniformed services on participa-

tion in the Thrift Savings Plan.

Sec. 633. Continuation pay for full Thrift Savings Plan members who have com-

pleted 8 to 12 years of service.

Sec. 634. Combat-related special compensation coordinating amendment.

ART

II—O

THER

ATTERS

Sec. 641. Use of member’s current pay grade and years of service and retired pay

cost-of-living adjustments, rather than final retirement pay grade and

years of service, in a division of property involving disposable retired

pay.

Sec. 642. Equal benefits under Survivor Benefit Plan for survivors of reserve com-

ponent members who die in the line of duty during inactive-duty train-

ing.

Sec. 643. Authority to deduct Survivor Benefit Plan premiums from combat-related

special compensation when retired pay not sufficient.

Sec. 644. Extension of allowance covering monthly premium for Servicemembers’

Group Life Insurance while in certain overseas areas to cover members

in any combat zone or overseas direct support area.

Sec. 645. Authority for payment of pay and allowances and retired and retainer pay

pursuant to power of attorney.

Sec. 646. Extension of authority to pay special survivor indemnity allowance under

the Survivor Benefit Plan.

Sec. 647. Repeal of obsolete authority for combat-related injury rehabilitation pay.

Sec. 648. Independent assessment of the Survivor Benefit Plan.

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and

Operations

Sec. 661. Protection and enhancement of access to and savings at commissaries and

exchanges.

Sec. 662. Acceptance of Military Star Card at commissaries.

Subtitle F—Other Matters

Sec. 671. Recovery of amounts owed to the United States by members of the uni-

formed services.

Sec. 672. Modification of flat rate per diem requirement for personnel on long-term

temporary duty assignments.

Subtitle A—Pay and Allowances

SEC. 601. FISCAL YEAR 2017 INCREASE IN MILITARY BASIC PAY.

(a) W

AIVER OF

ECTION

1009 A

DJUSTMENT

.—The adjustment

to become effective during fiscal year 2017 required by section

1009 of title 37, United States Code, in the rates of monthly basic

pay authorized members of the uniformed services shall not be

made.

(b) I

NCREASE IN

ASIC

.—Effective on January 1, 2017,

the rates of monthly basic pay for members of the uniformed serv-

ices are increased by 2.1 percent.

37 USC 1009

note.

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130 STAT. 2156 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 602. PUBLICATION BY DEPARTMENT OF DEFENSE OF ACTUAL

RATES OF BASIC PAY PAYABLE TO MEMBERS OF THE

ARMED FORCES BY PAY GRADE FOR ANNUAL OR OTHER

PAY PERIODS.

Any pay table published or otherwise issued by the Department

of Defense to indicate the rates of basic pay of the Armed Forces

in effect for members of the Armed Forces for a calendar year

or other period shall state the rate of basic pay to be received

by members in each pay grade for such year or period as specified

or otherwise provided by applicable law, including any rate to

be so received pursuant during such year or period by the operation

of a ceiling under section 203(a)(2) of title 37, United States Code,

or a similar provision in an annual defense authorization Act.

SEC. 603. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY

INCREASE IN RATES OF BASIC ALLOWANCE FOR HOUSING

UNDER CERTAIN CIRCUMSTANCES.

Section 403(b)(7)(E) of title 37, United States Code, is amended

by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2017’’.

SEC. 604. REPORTS ON A NEW SINGLE-SALARY PAY SYSTEM FOR MEM-

BERS OF THE ARMED FORCES.

(a) R

EPORT ON

LAN

MPLEMENT

TRUCTURE

.—

Not later than March 1, 2017, the Secretary of Defense shall submit

to the Committees on Armed Services of the Senate and the House

of Representative a report that sets forth the following:

(1) The military pay tables as of January 1, 2017, reflecting

the Regular Military Compensation of members of the Armed

Forces as of that date in the range of grades, dependency

statuses, and assignment locations.

(2) A comprehensive description of the manner in which

the Department of Defense would begin, by not later than

January 1, 2018, to implement a transition between the current

pay structure for members of the Armed Forces and a new

pay structure for members of the Armed Forces as provided

for by this section.

(b) R

EPORT ON

LEMENTS OF

TRUCTURE

.—Not later

than January 1, 2018, the Secretary shall submit to the Committees

on Armed Services of the Senate and the House of Representative

a report that sets forth the following:

(1) A description and comparison of the current pay struc-

ture for members of the Armed Forces and a new pay structure

for members of the Armed Forces, including new pay tables,

that uses a single-salary pay system (as adjusted by the same

cost-of-living adjustment that the Department of Defense uses

worldwide for civilian employees) based on the assumptions

in subsection (c).

(2) A proposal for such legislative and administrative action

as the Secretary considers appropriate to implement the new

pay structure, and to provide for a transition between the

current pay structure and the new pay structure.

(3) A comprehensive schedule for the implementation of

the new pay structure and for the transition between the cur-

rent pay structure and the new pay structure, including all

significant deadlines.

TRUCTURE

.—The new pay structure described

pursuant to subsection (b)(1) shall assume the repeal of the basic

37 USC 203 note.

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130 STAT. 2157 PUBLIC LAW 114–328—DEC. 23, 2016

allowance for housing and basic allowance subsistence for members

of the Armed Forces in favor of a single-salary pay system, and

shall include the following:

(1) A statement of pay comparability with the civilian sector

adequate to effectively recruit and retain a high-quality All-

Volunteer Force.

(2) The level of pay necessary by grade and years of service

to meet pay comparability as described in paragraph (1) in

order to recruit and retain a high-quality All-Volunteer Force.

(3) Necessary modifications to the military retirement

system, including the retired pay multiplier, to ensure that

members of the Armed Forces under the pay structure are

situated similarly to where they would otherwise be under

the military retirement system that will take effect on January

1, 2018, by reason part I of subtitle D of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114–92;

129 Stat. 842), and the amendments made by that part.

(d) C

OST

ONTAINMENT

.—The single-salary pay system under

the new pay structure provided for by this section shall be a

single-salary pay system that will result in no or minimal additional

costs to the Government, both in terms of annual discretionary

outlays and entitlements, when compared with the continuation

of the current pay system for members of the Armed Forces.

Subtitle B—Bonuses and Special and

Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL

PAY AUTHORITIES FOR RESERVE FORCES.

The following sections of title 37, United States Code, are

amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December

31, 2017’’:

(1) Section 308b(g), relating to Selected Reserve reenlist-

ment bonus.

(2) Section 308c(i), relating to Selected Reserve affiliation

or enlistment bonus.

(3) Section 308d(c), relating to special pay for enlisted

members assigned to certain high-priority units.

(4) Section 308g(f)(2), relating to Ready Reserve enlistment

bonus for persons without prior service.

(5) Section 308h(e), relating to Ready Reserve enlistment

and reenlistment bonus for persons with prior service.

(6) Section 308i(f), relating to Selected Reserve enlistment

and reenlistment bonus for persons with prior service.

(7) Section 478a(e), relating to reimbursement of travel

expenses for inactive-duty training outside of normal com-

muting distance.

(8) Section 910(g), relating to income replacement payments

for reserve component members experiencing extended and fre-

quent mobilization for active duty service.

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL

PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

(a) T

ITLE

10 A

UTHORITIES

.—The following sections of title 10,

United States Code, are amended by striking ‘‘December 31, 2016’’

and inserting ‘‘December 31, 2017’’:

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130 STAT. 2158 PUBLIC LAW 114–328—DEC. 23, 2016

(1) Section 2130a(a)(1), relating to nurse officer candidate

accession program.

(2) Section 16302(d), relating to repayment of education

loans for certain health professionals who serve in the Selected

Reserve.

(b) T

ITLE

37 A

UTHORITIES

.—The following sections of title 37,

United States Code, are amended by striking ‘‘December 31, 2016’’

and inserting ‘‘December 31, 2017’’:

(1) Section 302c-1(f), relating to accession and retention

bonuses for psychologists.

(2) Section 302d(a)(1), relating to accession bonus for reg-

istered nurses.

(3) Section 302e(a)(1), relating to incentive special pay for

nurse anesthetists.

(4) Section 302g(e), relating to special pay for Selected

Reserve health professionals in critically short wartime special-

ties.

(5) Section 302h(a)(1), relating to accession bonus for dental

officers.

(6) Section 302j(a), relating to accession bonus for pharmacy

officers.

(7) Section 302k(f), relating to accession bonus for medical

officers in critically short wartime specialties.

(8) Section 302l(g), relating to accession bonus for dental

specialist officers in critically short wartime specialties.

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS

AUTHORITIES FOR NUCLEAR OFFICERS.

The following sections of title 37, United States Code, are

amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December

31, 2017’’:

(1) Section 312(f), relating to special pay for nuclear-quali-

fied officers extending period of active service.

(2) Section 312b(c), relating to nuclear career accession

bonus.

(3) Section 312c(d), relating to nuclear career annual incen-

tive bonus.

SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE

37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND

BONUS AUTHORITIES.

The following sections of title 37, United States Code, are

amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December

31, 2017’’:

(1) Section 331(h), relating to general bonus authority for

enlisted members.

(2) Section 332(g), relating to general bonus authority for

officers.

(3) Section 333(i), relating to special bonus and incentive

pay authorities for nuclear officers.

(4) Section 334(i), relating to special aviation incentive

pay and bonus authorities for officers.

(5) Section 335(k), relating to special bonus and incentive

pay authorities for officers in health professions.

(6) Section 336(g), relating to contracting bonus for cadets

and midshipmen enrolled in the Senior Reserve Officers’

Training Corps.

(7) Section 351(h), relating to hazardous duty pay.

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130 STAT. 2159 PUBLIC LAW 114–328—DEC. 23, 2016

(8) Section 352(g), relating to assignment pay or special

duty pay.

(9) Section 353(i), relating to skill incentive pay or pro-

ficiency bonus.

(10) Section 355(h), relating to retention incentives for

members qualified in critical military skills or assigned to

high priority units.

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAY-

MENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS.

The following sections of title 37, United States Code, are

amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December

31, 2017’’:

(1) Section 301b(a), relating to aviation officer retention

bonus.

(2) Section 307a(g), relating to assignment incentive pay.

(3) Section 308(g), relating to reenlistment bonus for active

members.

(4) Section 309(e), relating to enlistment bonus.

(5) Section 316a(g), relating to incentive pay for members

of precommissioning programs pursuing foreign language pro-

ficiency.

(6) Section 324(g), relating to accession bonus for new offi-

cers in critical skills.

(7) Section 326(g), relating to incentive bonus for conversion

to military occupational specialty to ease personnel shortage.

(8) Section 327(h), relating to incentive bonus for transfer

between Armed Forces.

(9) Section 330(f), relating to accession bonus for officer

candidates.

SEC. 616. AVIATION INCENTIVE PAY AND BONUS MATTERS.

(a) M

AXIMUM

NCENTIVE

AY AND

ONUS

MOUNTS

.—Paragraph

(1) of section 334(c) of title 37, United States Code, is amended

by striking subparagraphs (A) and (B) and inserting the following

new subparagraphs:

‘‘(A) aviation incentive pay under subsection (a) shall

be paid at a monthly rate not to exceed $1,000 per month;

and

‘‘(B) an aviation bonus under subsection (b) may not

exceed $35,000 for each 12-month period of obligated

service agreed to under subsection (d).’’.

(b) A

NNUAL

USINESS

ASE FOR

AYMENT OF

VIATION

ONUS

.—Such section is further amended—

(1) by redesignating paragraphs (2) and (3) as paragraphs

(3) and (4), respectively; and

(2) by inserting after paragraph (1) the following new para-

graph (2):

‘‘(2) A

NNUAL BUSINESS CASE FOR PAYMENT OF AVIATION

BONUS AMOUNTS

.—

‘‘(A) I

N GENERAL

.—The Secretary concerned shall deter-

mine the amount of the aviation bonus payable under

paragraph (1)(B) under agreements entered into under sub-

section (d) during a fiscal year solely through a business

case analysis of the amount required to be paid under

such agreements in order to address anticipated manning

shortfalls for such fiscal year by aircraft type category.

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130 STAT. 2160 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(B) B

UDGET JUSTIFICATION DOCUMENTS

.—The budget

justification documents in support of the budget of the

President for a fiscal year (as submitted to Congress pursu-

ant to section 1105 of title 31) shall set forth for each

uniformed service the following:

‘‘(i) The amount requested for the payment of avia-

tion bonuses under subsection (b) using amounts

authorized to be appropriated for the fiscal year con-

cerned by aircraft type category.

‘‘(ii) The business case analysis supporting the

amount so requested by aircraft type category.

‘‘(iii) For each aircraft type category, whether or

not the amount requested will permit the payment

during the fiscal year concerned of the maximum

amount of the aviation bonus authorized by paragraph

(1)(B).

‘‘(iv) If any amount requested is to address man-

ning shortfalls, a description of any plans of the Sec-

retary concerned to address such shortfalls by non-

monetary means.’’.

SEC. 617. CONFORMING AMENDMENT TO CONSOLIDATION OF SPECIAL

PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.

Section 332(c)(1)(B) of title 37, United States Code, is amended

by striking ‘‘$12,000’’ and inserting ‘‘$20,000’’.

SEC. 618. TECHNICAL AMENDMENTS RELATING TO 2008 CONSOLIDA-

TION OF CERTAIN SPECIAL PAY AUTHORITIES.

(a) F

AMILY

ARE

LANS

.—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) D

EPENDENTS

’ M

EDICAL

ARE

.—Section 1079(g)(1) of title

10, United States Code, is amended by inserting ‘‘or 351’’ after

‘‘section 310’’.

ETENTION ON

CTIVE

UTY

URING

ISABILITY

VALUATION

ROCESS

.—Section 1218(d)(1) of title 10, United States Code, is

amended by inserting ‘‘or 351’’ after ‘‘section 310’’.

(d) S

TORAGE

PACE

.—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) S

TUDENT

SSISTANCE

ROGRAMS

.—Sections 455(o)(3)(B) and

465(a)(2)(D) of the Higher Education Act of 1965 (20 U.S.C.

1087e(o)(3)(B), 1087ee(a)(2)(D)) are amended by inserting ‘‘, or para-

graph (1) or (3) of section 351(a),’’ after ‘‘section 310’’.

(f) A

RMED

ORCES

ETIREMENT

OME

.—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) V

ETERANS OF

OREIGN

ARS

EMBERSHIP

.—Section

230103(3) of title 36, United States Code, is amended by inserting

‘‘or 351’’ after ‘‘section 310’’.

(h) M

ILITARY

AY AND

LLOWANCES

.—Title 37, United States

Code, is amended—

(1) in section 212(a), by inserting ‘‘, or paragraph (1) or

(3) of section 351(a),’’ after ‘‘section 310’’;

(2) in section 402a(b)(3)(B), by inserting ‘‘or 351’’ after

‘‘section 310’’;

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130 STAT. 2161 PUBLIC LAW 114–328—DEC. 23, 2016

(3) in section 481a(a), by inserting ‘‘or 351’’ after ‘‘section

310’’;

(4) in section 907(d)(1)(H), by inserting ‘‘or 351’’ after ‘‘sec-

tion 310’’; and

(5) in section 910(b)(2)(B), by inserting ‘‘, or paragraph

(1) or (3) of section 351(a),’’ after ‘‘section 310’’.

(i) E

XCLUSIONS

ROM

NCOME FOR

URPOSE OF

UPPLEMENTAL

ECURITY

NCOME

.—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) E

XCLUSIONS

ROM

NCOME FOR

URPOSE OF

EAD

TART

ROGRAM

.—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) E

XCLUSIONS

ROM

ROSS

NCOME FOR

EDERAL

NCOME

URPOSES

.—Section 112(c)(5)(B) of the Internal Revenue Code

of 1986 is amended by inserting ‘‘, or paragraph (1) or (3) of

section 351(a),’’ after ‘‘section 310’’.

Subtitle C—Travel and Transportation

Allowances

SEC. 621. MAXIMUM REIMBURSEMENT AMOUNT FOR TRAVEL

EXPENSES OF MEMBERS OF THE RESERVES ATTENDING

INACTIVE DUTY TRAINING OUTSIDE OF NORMAL COM-

MUTING DISTANCES.

Section 478a(c) of title 37, United States Code, is amended—

(1) by striking ‘‘The amount’’ and inserting the following:

‘‘(1) Except as provided by paragraph (2), the amount’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) The Secretary concerned may authorize, on a case-by-

case basis, a higher reimbursement amount for a member under

subsection (a) when the member—

‘‘(A) resides—

‘‘(i) in the same State as the training location; and

‘‘(ii) outside of an urbanized area with a population

of 50,000 or more, as determined by the Bureau of the

Census; and

‘‘(B) is required to commute to a training location—

‘‘(i) using an aircraft or boat on account of limited

or nonexistent vehicular routes to the training location

or other geographical challenges; or

‘‘(ii) from a permanent residence located more than

75 miles from the training location.’’.

26 USC 112.

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130 STAT. 2162 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle D—Disability Pay, Retired Pay,

and Survivor Benefits

PART I—AMENDMENTS IN CONNECTION WITH

RETIRED PAY REFORM

SEC. 631. ELECTION PERIOD FOR MEMBERS IN THE SERVICE ACAD-

EMIES AND INACTIVE RESERVES TO PARTICIPATE IN THE

MODERNIZED RETIREMENT SYSTEM.

(a) I

ENERAL

.—Paragraph (4)(C) of section 1409(b) of title

10, United States Code, is amended—

(1) in clause (i), by striking ‘‘and (iii)’’ and inserting ‘‘,

(iii), (iv), and (v)’’; and

(2) by adding at the end the following new clauses:

‘‘(iv) C

ADETS AND MIDSHIPMEN

ETC

.—A member

of a uniformed service who serves as a cadet, mid-

shipman, or member of the Senior Reserve Officers’

Training Corps during the election period specified

in clause (i) shall make the election described in

subparagraph (B)—

‘‘(I) on or after the date on which such cadet,

midshipman, or member of the Senior Reserve

Officers’ Training Corps is appointed as a commis-

sioned officer or otherwise begins to receive basic

pay; and

‘‘(II) not later than 30 days after such date

or the end of such election period, whichever is

later.

‘‘(v) I

NACTIVE RESERVES

.—A member of a reserve

component who is not in an active status during the

election period specified in clause (i) shall make the

election described in subparagraph (B)—

‘‘(I) on or after the date on which such member

is transferred from an inactive status to an active

status or active duty; and

‘‘(II) not later than 30 days after such date

or the end of such election period, whichever is

later.’’.

(b) E

FFECTIVE

ATE

.—The amendments made by subsection

(a) shall take effect on January 1, 2018, immediately after the

coming into effect of the amendments made by section 631(a) of

the National Defense Authorization Act for Fiscal Year 2016 (Public

Law 114–92; 129 Stat. 842), to which the amendments made by

subsection (a) relate.

SEC. 632. EFFECT OF SEPARATION OF MEMBERS FROM THE UNI-

FORMED SERVICES ON PARTICIPATION IN THE THRIFT

SAVINGS PLAN.

Effective as of the date of the enactment of this Act, paragraph

(2) of section 632(c) of the National Defense Authorization Act

for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 847) is repealed,

and the amendment proposed to be made by that paragraph shall

not be made or go into effect.

5 USC 8432 note.

10 USC 1409

note.

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130 STAT. 2163 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 633. CONTINUATION PAY FOR FULL THRIFT SAVINGS PLAN MEM-

BERS WHO HAVE COMPLETED 8 TO 12 YEARS OF SERVICE.

(a) C

ONTINUATION

.—Subsection (a) of section 356 of title

37, United States Code, is amended—

(1) by striking paragraph (1) and inserting the following

new paragraph (1):

‘‘(1) has completed not less than 8 and not more than

12 years of service in a uniformed service; and’’; and

(2) in paragraph (2), by striking ‘‘an additional 4 years’’

and inserting ‘‘not less than 3 additional years’’.

(b) P

AYMENT

MOUNT

.—Subsection (b) of such section is

amended by striking all the matter preceding paragraph (1) and

inserting the following:

‘‘(b) P

AYMENT

MOUNT

.—The Secretary concerned shall deter-

mine the payment amount under this section as a multiple of

a full TSP member’s monthly basic pay. The multiple for a full

TSP member who is a member of a regular component or a reserve

component, if the member is performing active Guard and Reserve

duty (as defined in section 101(d)(6) of title 10), shall not be less

than 2.5 times the member’s monthly basic pay. The multiple

for a full TSP member who is a member of a reserve component

not performing active Guard or Reserve duty (as so defined) shall

not be less than 0.5 times the monthly basic pay to which the

member would be entitled if the member were a member of a

regular component. The maximum amount the Secretary concerned

may pay a member under this section is—’’.

IMING OF

AYMENT

.—Subsection (d) of such section is

amended to read as follows:

‘‘(d) T

IMING OF

AYMENT

.—The Secretary concerned shall pay

continuation pay under subsection (a) to a full TSP member when

the member has completed not less than 8 and not more than

12 years of service in a uniformed service.’’.

(d) C

ONFORMING AND

LERICAL

MENDMENTS

.—

(1) H

EADING

.—The heading of such section is amended

to read as follows:

‘‘§ 356. Continuation pay: full TSP members with 8 to 12

years of service’’.

(2) T

ABLE OF SECTIONS

.—The table of sections at the begin-

ning of chapter 5 of such title is amended by striking the

item relating to section 356 and inserting the following new

item:

‘‘356. Continuation pay: full TSP members with 8 to 12 years of service.’’.

(e) E

FFECTIVE

ATE

.—The amendments made by this section

shall take effect on January 1, 2018, immediately after the coming

into effect of the amendments providing for section 356 of title

37, United States Code, to which the amendments made by this

section relate.

SEC. 634. COMBAT-RELATED SPECIAL COMPENSATION COORDINATING

AMENDMENT.

(a) I

ENERAL

.—Section 1413a(b)(3)(B) of title 10, United

States Code, is amended by striking ‘‘ 2

⁄

percent’’ and inserting

‘‘the retired pay percentage (determined for the member under

section 1409(b) of this title)’’.

37 USC 356 note.

37 USC 301 prec.

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130 STAT. 2164 PUBLIC LAW 114–328—DEC. 23, 2016

(b) E

FFECTIVE

ATE

.—The amendment made by subsection (a)

shall take effect on January 1, 2018, immediately after the coming

into effect of the amendments made by part I of subtitle D of

title VI of the National Defense Authorization Act for Fiscal Year

2016 (Public Law 114–92; 129 Stat. 842), to which the amendment

made by subsection (a) relates.

PART II—OTHER MATTERS

SEC. 641. USE OF MEMBER’S CURRENT PAY GRADE AND YEARS OF

SERVICE AND RETIRED PAY COST-OF-LIVING ADJUST-

MENTS, RATHER THAN FINAL RETIREMENT PAY GRADE

AND YEARS OF SERVICE, IN A DIVISION OF PROPERTY

INVOLVING DISPOSABLE RETIRED PAY.

(a) I

ENERAL

.—Section 1408(a)(4) of title 10, United States

Code, is amended—

(1) by redesignating subparagraphs (A), (B), (C), (D) as

clauses (i), (ii), (iii), (iv), respectively;

(2) by inserting ‘‘(A)’’ after ‘‘(4)’’;

(3) in subparagraph (A), as designated by paragraph (2),

by inserting ‘‘(as determined pursuant to subparagraph (B)’’

after ‘‘member is entitled’’; and

(4) by adding at the end the following new subparagraph:

‘‘(B) For purposes of subparagraph (A), the total monthly

retired pay to which a member is entitled shall be—

‘‘(i) the amount of basic pay payable to the member

for the member’s pay grade and years of service at the

time of the court order, as increased by

‘‘(ii) each cost-of-living adjustment that occurs under

section 1401a(b) of this title between the time of the court

order and the time of the member’s retirement using the

adjustment provisions under that section applicable to the

member upon retirement.’’.

(b) A

PPLICATION OF

MENDMENTS

.—The amendments made by

subsection (a) shall apply with respect to any division of property

as part of a final decree of divorce, dissolution, annulment, or

legal separation involving a member of the Armed Forces to which

section 1408 of title 10, United States Code, applies that becomes

final after the date of the enactment of this Act.

SEC. 642. EQUAL BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR

SURVIVORS OF RESERVE COMPONENT MEMBERS WHO DIE

IN THE LINE OF DUTY DURING INACTIVE-DUTY TRAINING.

(a) T

REATMENT OF

NACTIVE

-D

UTY

RAINING IN

AME

ANNER

CTIVE

UTY

.—Section 1451(c)(1)(A) of title 10, United States

Code, is amended—

(1) in clause (i)—

(A) by inserting ‘‘or 1448(f)’’ after ‘‘section 1448(d)’’;

and

(B) by inserting ‘‘or (iii)’’ after ‘‘clause (ii)’’; and

(2) in clause (iii)—

(A) by striking ‘‘section 1448(f) of this title’’ and

inserting ‘‘section 1448(f)(1)(A) of this title by reason of

the death of a member or former member not in line

of duty’’; and

(B) by striking ‘‘active service’’ and inserting ‘‘service’’.

10 USC 1408

note.

10 USC 1413a

note.

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130 STAT. 2165 PUBLIC LAW 114–328—DEC. 23, 2016

(b) C

ONSISTENT

REATMENT OF

EPENDENT

HILDREN

.—Para-

graph (2) of section 1448(f) of title 10, United States Code, is

amended to read as follows:

‘‘(2) D

EPENDENT CHILDREN ANNUITY

.—

‘‘(A) A

NNUITY WHEN NO ELIGIBLE SURVIVING SPOUSE

.—

In the case of a person described in paragraph (1), the

Secretary concerned shall pay an annuity under this sub-

chapter to the dependent children of that person under

section 1450(a)(2) of this title as applicable.

‘‘(B) O

PTIONAL ANNUITY WHEN THERE IS AN ELIGIBLE

SURVIVING SPOUSE

.—The Secretary may pay an annuity

under this subchapter to the dependent children of a person

described in paragraph (1) under section 1450(a)(3) of this

title, if applicable, instead of paying an annuity to the

surviving spouse under paragraph (1), if the Secretary con-

cerned, in consultation with the surviving spouse, deter-

mines it appropriate to provide an annuity for the

dependent children under this paragraph instead of an

annuity for the surviving spouse under paragraph (1).’’.

EEMED

LECTIONS

.—Section 1448(f) of title 10, United

States Code, is further amended by adding at the end the following

new paragraph:

‘‘(5) D

EEMED 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) A

VAILABILITY OF

PECIAL

URVIVOR

NDEMNITY

LLOW

ANCE

.—Section 1450(m)(1)(B) of title 10, United States Code, is

amended by inserting ‘‘or (f)’’ after ‘‘subsection (d)’’.

(e) A

PPLICATION OF

MENDMENTS

.—

(1) P

AYMENT

.—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) E

LECTIONS

.—For any death that occurred before the

date of the enactment of this Act with respect to which an

annuity under such subchapter is being paid (or could be paid)

to a surviving spouse, the Secretary concerned may, within

six months of that date and in consultation with the surviving

spouse, determine it appropriate to provide an annuity for

the dependent children of the decedent under paragraph

1448(f)(2)(B) of title 10, United States Code, as added by sub-

section (b), instead of an annuity for the surviving spouse.

Any such determination and resulting change in beneficiary

shall be effective as of the first day of the first month following

the date of the determination.

SEC. 643. AUTHORITY TO DEDUCT SURVIVOR BENEFIT PLAN PRE-

MIUMS FROM COMBAT-RELATED SPECIAL COMPENSATION

WHEN RETIRED PAY NOT SUFFICIENT.

(a) A

UTHORITY

.—Subsection (d) of section 1452 of title 10,

United States Code, is amended—

(1) by redesignating paragraph (2) as paragraph (3); and

(2) by inserting after paragraph (1) the following new para-

graph (2):

10 USC 1448

note.

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130 STAT. 2166 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) D

EDUCTION FROM COMBAT

RELATED SPECIAL COMPENSA

TION WHEN RETIRED PAY NOT ADEQUATE

.—In the case of a

person who has elected to participate in the Plan and who

has been awarded both retired pay and combat-related special

compensation under section 1413a of this title, if a deduction

from the person’s retired pay for any period cannot be made

in the full amount required, there shall be deducted from

the person’s combat-related special compensation in lieu of

deduction from the person’s retired pay the amount that would

otherwise have been deducted from the person’s retired pay

for that period.’’.

(b) C

ONFORMING

MENDMENTS TO

ECTION

1452.—

(1) Subsection (d) of such section is further amended—

(A) in the subsection heading, by inserting ‘‘

UFFICIENT

’’ after ‘‘N

AID

’’;

(B) in paragraph (1), by inserting before the period

at the end the following: ‘‘, except to the extent that the

required deduction is made pursuant to paragraph (2)’’;

and

(a)(1), by striking ‘‘Paragraph (1) does not’’ and inserting

‘‘Paragraphs (1) and (2) do not’’.

(2) Subsection (f)(1) of such section is amended by inserting

‘‘or combat-related special compensation’’ after ‘‘from retired

pay’’.

(3) Subsection (g)(4) of such section is amended—

(A) in the paragraph heading, by inserting ‘‘

OR CRSC

’’

after ‘‘

RETIRED PAY

’’; and

(B) by inserting ‘‘or combat-related special compensa-

tion’’ after ‘‘from the retired pay’’.

ONFORMING

MENDMENTS TO

THER

ROVISIONS OF

SBP

TATUTE

.—

(1) Section 1449(b)(2) of such title is amended—

(A) in the paragraph heading, by inserting ‘‘

OR CRSC

’’

after ‘‘

RETIRED PAY

’’; and

(B) by inserting ‘‘or combat-related special compensa-

tion’’ after ‘‘from retired pay’’.

(2) Section 1450(e) of such title is amended—

(A) in the subsection heading, by inserting ‘‘

CRSC’’

after ‘‘R

ETIRED

’’; and

(B) in paragraph (1), by inserting ‘‘or combat-related

special compensation’’ after ‘‘from the retired pay’’.

SEC. 644. EXTENSION OF ALLOWANCE COVERING MONTHLY PREMIUM

FOR SERVICEMEMBERS’ GROUP LIFE INSURANCE WHILE

IN CERTAIN OVERSEAS AREAS TO COVER MEMBERS IN

ANY COMBAT ZONE OR OVERSEAS DIRECT SUPPORT AREA.

(a) E

XPANSION OF

OVERAGE

.—Subsection (a) of section 437

of title 37, United States Code, is amended—

(1) by inserting ‘‘(1)’’ before ‘‘In the case of’’;

(2) by striking ‘‘who serves in the theater of operations

for Operation Enduring Freedom or Operation Iraqi Freedom’’

and inserting ‘‘who serves in a designated duty assignment’’;

and

(3) by adding at the end the following new paragraph:

‘‘(2) In this subsection, the term ‘designated duty assignment’

means a permanent or temporary duty assignment outside the

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130 STAT. 2167 PUBLIC LAW 114–328—DEC. 23, 2016

United States or its possessions in support of a contingency oper-

ation in an area that—

‘‘(A) has been designated a combat zone; or

‘‘(B) is in direct support of an area that has been designated

a combat zone.’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) C

ROSS

REFERENCE

.—Subsection (b) of such section is

amended by striking ‘‘theater of operations’’ and inserting ‘‘des-

ignated duty assignment’’.

(2) S

ECTION HEADING

.—The heading of such section is

amended to read as follows:

‘‘§ 437. Allowance to cover monthly premiums for

Servicemembers’ Group Life Insurance: members

serving in a designated duty assignment’’.

(3) T

ABLE OF SECTIONS

.—The item relating to section 437

in the table of sections at the beginning of chapter 7 of such

title is amended to read as follows:

‘‘437. Allowance to cover monthly premium for Servicemembers’ Group Life Insur-

ance: members serving in a designated duty assignment.’’.

FFECTIVE

ATE

.—The amendments made by this section

shall apply to service by members of the Armed Forces in a des-

ignated duty assignment (as defined in subsection (a)(2) of section

437 of title 37, United States Code) for any month beginning on

or after the date of the enactment of this Act.

SEC. 645. AUTHORITY FOR PAYMENT OF PAY AND ALLOWANCES AND

RETIRED AND RETAINER PAY PURSUANT TO POWER OF

ATTORNEY.

Section 602 of title 37, United States Code, is amended—

(1) in subsection (a)—

(A) by striking ‘‘, in the opinion of a board of medical

officers or physicians,’’; and

(B) by striking ‘‘use or benefit’’ and all that follows

through ‘‘any person designated’’ and inserting the fol-

lowing: ‘‘use or benefit to—

‘‘(1) a legal committee, guardian, or other representative

that has been appointed by a court of competent jurisdiction;

‘‘(2) an individual to whom the member has granted

authority to manage such funds pursuant to a valid and legally

executed durable power of attorney; or

‘‘(3) any person designated’’;

(2) in subsection (b)—

(A) by striking ‘‘The board shall consist’’ and inserting

‘‘An individual may not be designated under subsection

(a)(3) to receive payments unless a board consisting’’; and

(B) by inserting ‘‘determines that the member is men-

tally incapable of managing the member’s affairs. Any such

board shall be’’ after ‘‘treatment of mental disorders,’’;

(3) in subsection (c), by striking ‘‘designated’’ and inserting

‘‘authorized to receive payments’’;

(4) in subsection (d), by inserting ‘‘, unless a court of

competent jurisdiction orders payment of such fee, commission,

or other charge’’ before the period;

(5) by striking subsection (e);

(6) by redesignating subsection (f) as subsection (e); and

(7) in subsection (e), as redesignated by paragraph (6)—

37 USC 437 note.

37 USC 401 prec.

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130 STAT. 2168 PUBLIC LAW 114–328—DEC. 23, 2016

(A) by inserting ‘‘under subsection (a)(3)’’ after ‘‘who

is designated’’; and

(B) by striking ‘‘$1,000’’ and inserting ‘‘$25,000’’.

SEC. 646. EXTENSION OF AUTHORITY TO PAY SPECIAL SURVIVOR

INDEMNITY ALLOWANCE UNDER THE SURVIVOR BENEFIT

PLAN.

Section 1450(m) of title 10, United States Code, is amended—

(1) in paragraph (2)(I), by striking ‘‘fiscal year 2017’’ and

inserting ‘‘each of fiscal years 2017 and 2018’’; and

(2) in paragraph (6)—

(A) by striking ‘‘September 30, 2017’’ and inserting

‘‘May 31, 2018’’; and

(B) by striking ‘‘October 1, 2017’’ both places it appears

and inserting ‘‘June 1, 2018’’.

SEC. 647. REPEAL OF OBSOLETE AUTHORITY FOR COMBAT-RELATED

INJURY REHABILITATION PAY.

(a) R

EPEAL

.—Section 328 of title 37, United States Code, is

repealed.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 5 of such title is amended by striking the item

relating to section 328.

SEC. 648. INDEPENDENT ASSESSMENT OF THE SURVIVOR BENEFIT

PLAN.

(a) A

SSESSMENT

EQUIRED

.—The Secretary of Defense shall

provide for an independent assessment of the Survivor Benefit

Plan (SBP) under subchapter II of chapter 73 of title 10, United

States Code, by a Federally-funded research and development center

(FFRDC).

(b) A

SSESSMENT

LEMENTS

.—The assessment conducted pursu-

ant to subsection (a) shall include, but not be limited to, the fol-

lowing:

(1) The purposes of the Survivor Benefit Plan, the manner

in which the Plan interacts with other Federal programs to

provide financial stability and resources for survivors of mem-

bers of the Armed Forces and military retirees, and a compari-

son between the benefits available under the Plan, on the

one hand, and benefits available to Government and private

sector employees, on the other hand, intended to provide finan-

cial stability and resources for spouses and other dependents

when a primary family earner dies.

(2) The effectiveness of the Survivor Benefit Plan in pro-

viding survivors with intended benefits, including the provision

of survivor benefits for survivors of members of the Armed

Forces dying on active duty and members dying while in reserve

active-status.

(3) The feasibility and advisability of providing survivor

benefits through alternative insurance products available

commercially for similar purposes, the extent to which the

Government could subsidize such products at no cost in excess

of the costs of the Survivor Benefit Plan, and the extent to

which such products might meet the needs of survivors, espe-

cially those on fixed incomes, to maintain financial stability.

EPORT

.—Not later than one year after the date of the

enactment of this Act, the Secretary shall submit to the Committees

on Armed Services of the Senate and the House of Representatives

37 USC 301 prec.

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130 STAT. 2169 PUBLIC LAW 114–328—DEC. 23, 2016

a report setting forth the results of the assessment conducted pursu-

ant to subsection (a), together with such recommendations as the

Secretary considers appropriate for legislative or administration

action in light of the results of the assessment.

Subtitle E—Commissary and Non-

appropriated Fund Instrumentality Ben-

efits and Operations

SEC. 661. PROTECTION AND ENHANCEMENT OF ACCESS TO AND

SAVINGS AT COMMISSARIES AND EXCHANGES.

(a) O

PTIMIZATION

TRATEGY

.—Section 2481(c) of title 10, United

States Code, is amended by adding at the end the following para-

graph:

‘‘(3)(A) The Secretary of Defense shall develop and implement

a comprehensive strategy to optimize management practices across

the defense commissary system and the exchange system that

reduce reliance of those systems on appropriated funding without

reducing benefits to the patrons of those systems or the revenue

generated by nonappropriated fund entities or instrumentalities

of the Department of Defense for the morale, welfare, and recreation

of members of the armed forces.

‘‘(B) The Secretary shall ensure that savings generated due

to such optimization practices are shared by the defense commissary

system and the exchange system through contracts or agreements

that appropriately reflect the participation of the systems in the

development and implementation of such practices.

‘‘(C) If the Secretary determines that the reduced reliance on

appropriated funding pursuant to subparagraph (A) is insufficient

to maintain the benefits to the patrons of the defense commissary

system, and if the Secretary converts the defense commissary

system to a nonappropriated fund entity or instrumentality pursu-

ant to paragraph (1) of section 2484(j) of this title, the Secretary

shall transfer appropriated funds pursuant to paragraph (2) of

such section to ensure the maintenance of such benefits.

‘‘(4) On not less than a quarterly basis, the Secretary shall

provide to the congressional defense committees a briefing on the

defense commissary system, including—

‘‘(A) an assessment of the savings the system provides

patrons;

‘‘(B) the status of implementing section 2484(i) of this title;

‘‘(C) the status of implementing section 2484(j) of this title,

including whether the system requires any appropriated funds

pursuant to paragraph (2) of such section;

‘‘(D) the status of carrying out a program for such system

to sell private label merchandise; and

‘‘(E) any other matters the Secretary considers appro-

priate.’’.

(b) A

UTHORIZATION TO

UPPLEMENT

PPROPRIATIONS

HROUGH

USINESS

PTIMIZATION

.—Section 2483(c) of such title is amended

by adding at the end the following new sentence: ‘‘Such appropriated

amounts may also be supplemented with additional funds derived

from improved management practices implemented pursuant to

sections 2481(c)(3) and 2487(c) of this title and the variable pricing

program implemented pursuant to section 2484(i) of this title.’’.

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130 STAT. 2170 PUBLIC LAW 114–328—DEC. 23, 2016

ARIABLE

RICING

ILOT

ROGRAM

.—Section 2484 of such

title is amended by adding at the end the following new subsections:

‘‘(i) V

ARIABLE

RICING

ROGRAM

.—(1) Notwithstanding sub-

section (e), and subject to subsection (k), the Secretary of Defense

may establish a variable pricing program pursuant to which prices

may be established in response to market conditions and customer

demand, in accordance with the requirements of this subsection.

Notwithstanding the amount of the uniform surcharge assessed

in subsection (d), the Secretary may provide for an alternative

surcharge of not more than five percent of sales proceeds under

the variable pricing program to be made available for the purposes

specified in subsection (h).

‘‘(2) Subject to subsection (k), before establishing a variable

pricing program under this subsection, the Secretary shall establish

the following:

‘‘(A) Specific, measurable benchmarks for success in the

provision of high quality grocery merchandise, discount savings

to patrons, and levels of customer satisfaction while achieving

savings for the Department of Defense.

‘‘(B) A baseline of overall savings to patrons achieved by

commissary stores prior to the initiation of the variable pricing

program, based on a comparison of prices charged by those

stores on a regional basis with prices charged by relevant

local competitors for a representative market basket of goods.

‘‘(3) The Secretary shall ensure that the defense commissary

system implements the variable pricing program by conducting

price comparisons using the methodology established for paragraph

(2)(B) and adjusting pricing as necessary to ensure that pricing

in the variable pricing program achieves overall savings to patrons

that are consistent with the baseline savings established for the

relevant region pursuant to such paragraph.

‘‘(j) C

ONVERSION TO

ONAPPROPRIATED

UND

NTITY OR

NSTRUMENTALITY

.—(1) Subject to subsection (k), if the Secretary

of Defense determines that the variable pricing program has met

the benchmarks for success established pursuant to paragraph

(2)(A) of subsection (i) and the savings requirements established

pursuant to paragraph (3) of such subsection over a period of

at least six months, the Secretary may convert the defense com-

missary system to a nonappropriated fund entity or instrumentality,

with operating expenses financed in whole or in part by receipts

from the sale of products and the sale of services. Upon such

conversion, appropriated funds shall be transferred to the defense

commissary system only in accordance with paragraph (2) or section

2491 of this title. The requirements of section 2483 of this title

shall not apply to the defense commissary system operating as

a nonappropriated fund entity or instrumentality.

‘‘(2) If the Secretary determines that the defense commissary

system operating as a nonappropriated fund entity or instrumen-

tality is likely to incur a loss in any fiscal year as a result of

compliance with the savings requirement established in subsection

(i), the Secretary shall authorize a transfer of appropriated funds

available for such purpose to the commissary system in an amount

sufficient to offset the anticipated loss. Any funds so transferred

shall be considered to be nonappropriated funds for such purpose.

‘‘(3)(A) The Secretary may identify positions of employees in

the defense commissary system who are paid with appropriated

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130 STAT. 2171 PUBLIC LAW 114–328—DEC. 23, 2016

funds whose status may be converted to the status of an employee

of a nonappropriated fund entity or instrumentality.

‘‘(B) The status and conversion of employees in a position

identified by the Secretary under subparagraph (A) shall be

addressed as provided in section 2491(c) of this title for employees

in morale, welfare, and recreation programs, including with respect

to requiring the consent of such employee to be so converted.

‘‘(C) No individual who is an employee of the defense com-

missary system as of the date of the enactment of this subsection

shall suffer any loss of or decrease in pay as a result of a conversion

made under this paragraph.

‘‘(k) O

VERSIGHT

EQUIRED

NSURE

ONTINUED

ENEFIT TO

ATRONS

.—(1) With respect to each action described in paragraph

(2), the Secretary of Defense may not carry out such action until—

‘‘(A) the Secretary provides to the congressional defense

committees a briefing on such action, including a justification

for such action; and

‘‘(B) a period of 30 days has elapsed following such briefing.

‘‘(2) The actions described in this paragraph are the following:

‘‘(A) Establishing the representative market basket of goods

pursuant to subsection (i)(2)(B).

‘‘(B) Establishing the variable pricing program under sub-

section (i)(1).

‘‘(C) Converting the defense commissary system to a non-

appropriated fund entity or instrumentality under subsection

(j)(1).’’.

(d) E

STABLISHMENT OF

OMMON

USINESS

RACTICES

.—Section

2487 of such title is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following new sub-

section (c):

‘‘(c) C

OMMON

USINESS

RACTICES

.—(1) Notwithstanding sub-

sections (a) and (b), the Secretary of Defense may establish common

business processes, practices, and systems—

‘‘(A) to exploit synergies between the defense commissary

system and the exchange system; and

‘‘(B) to optimize the operations of the defense retail systems

as a whole and the benefits provided by the commissaries

and exchanges.

‘‘(2) The Secretary may authorize the defense commissary

system and the exchange system to enter into contracts or other

agreements—

‘‘(A) for products and services that are shared by the

defense commissary system and the exchange system; and

‘‘(B) for the acquisition of supplies, resale goods, and serv-

ices on behalf of both the defense commissary system and

the exchange system.

‘‘(3) For the purpose of a contract or agreement authorized

under paragraph (2), the Secretary may—

‘‘(A) use funds appropriated pursuant to section 2483 of

this title to reimburse a nonappropriated fund entity or

instrumentality for the portion of the cost of a contract or

agreement entered by the nonappropriated fund entity or

instrumentality that is attributable to the defense commissary

system; and

‘‘(B) authorize the defense commissary system to accept

reimbursement from a nonappropriated fund entity or

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130 STAT. 2172 PUBLIC LAW 114–328—DEC. 23, 2016

instrumentality for the portion of the cost of a contract or

agreement entered by the defense commissary system that

is attributable to the nonappropriated fund entity or instrumen-

tality.’’.

(e) A

UTHORITY FOR

XPERT

OMMERCIAL

DVICE

.—Section 2485

of such title is amended by adding at the end the following new

subsection:

‘‘(i) E

XPERT

OMMERCIAL

DVICE

.—The Secretary of Defense

may enter into a contract with an entity to obtain expert commercial

advice, commercial assistance, or other similar services not other-

wise carried out by the Defense Commissary Agency, to implement

section 2481(c), subsections (i) and (j) of section 2484, and section

2487(c) of this title.’’.

(f) C

LARIFICATION OF

EFERENCES TO

‘‘

THE

XCHANGE

YSTEM

’’.—Section 2481(a) of such title is amended by adding at

the end the following new sentence: ‘‘ Any reference in this chapter

to ‘the exchange system’ shall be treated as referring to each sepa-

rate administrative entity within the Department of Defense

through which the Secretary has implemented the requirement

under this subsection for a world-wide system of exchange stores.’’.

(g) O

PERATION OF

EFENSE

OMMISSARY

YSTEM AS A

APPROPRIATED

UND

NTITY

.—In the event that the defense com-

missary system is converted to a nonappropriated fund entity or

instrumentality as authorized by section 2484(j)(1) of title 10,

United States Code, as added by subsection (c) of this section,

the Secretary of Defense may—

(1) provide for the transfer of commissary assets, including

inventory and available funds, to the nonappropriated fund

entity or instrumentality; and

(2) ensure that revenues accruing to the defense com-

missary system are appropriately credited to the non-

appropriated fund entity or instrumentality.

(h) C

ONFORMING

HANGE

.—Section 2643(b) of such title is

amended by adding at the end the following new sentence: ‘‘Such

appropriated funds may be supplemented with additional funds

derived from improved management practices implemented pursu-

ant to sections 2481(c)(3) and 2487(c) of this title.’’.

SEC. 662. ACCEPTANCE OF MILITARY STAR CARD AT COMMISSARIES.

(a) I

ENERAL

.—The Secretary of Defense shall ensure that—

(1) commissary stores accept as payment the Military Star

Card; and

(2) any financial liability of the United States relating

to such acceptance as payment be assumed by the Army and

Air Force Exchange Service.

(b) M

ILITARY

TAR

ARD

EFINED

.—In this section, the term

‘‘Military Star Card’’ means a credit card administered under the

Exchange Credit Program by the Army and Air Force Exchange

Service.

10 USC 2485

note.

10 USC 2484

note.

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130 STAT. 2173 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle F—Other Matters

SEC. 671. RECOVERY OF AMOUNTS OWED TO THE UNITED STATES

BY MEMBERS OF THE UNIFORMED SERVICES.

(a) S

TATUTE OF

IMITATIONS

.—Section 1007(c)(3) of title 37,

United States Code, is amended by adding at the end the following

new subparagraphs:

‘‘(C)(i) In accordance with clause (ii), if the indebtedness of

a member of the uniformed services to the United States occurs,

through no fault of the member, as a result of the overpayment

of pay or allowances to the member or upon the settlement of

the member’s accounts, the Secretary concerned may not recover

the indebtedness from the member, including a retired or former

member, using deductions from the pay of the member, deductions

from retired or separation pay, or any other collection method

unless recovery of the indebtedness commences before the end of

the 10-year period beginning on the date on which the indebtedness

was incurred.

‘‘(ii) Clause (i) applies with respect to indebtedness incurred

on or after the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2017.

‘‘(D)(i) Not later than January 1 of each of 2017 through 2027,

the Director of the Defense Finance and Accounting Service shall

review all cases occurring during the 10-year period prior to the

date of the review of indebtedness of a member of the uniformed

services, including a retired or former member, to the United States

in which—

‘‘(I) the recovery of the indebtedness commenced after the

end of the 10-year period beginning on the date on which

the indebtedness was incurred; or

‘‘(II) the Director did not otherwise notify the member

of such indebtedness during such 10-year period.

‘‘(ii) The Director shall submit to the congressional defense

committees and the Committees on Veterans’ Affairs of the House

of Representatives and the Senate each review conducted under

clause (i), including the amounts owed to the United States by

the members included in such review.’’.

(b) R

EMISSION OR

ANCELLATION OF

NDEBTEDNESS OF

ESERVES

OT ON

CTIVE

UTY

.—

(1) A

RMY

.—Section 4837(a) of title 10, United States Code,

is amended by striking ‘‘on active duty as a member of the

Army’’ and inserting ‘‘as a member of the Army, whether as

a regular or a reserve in active status’’.

(2) N

AVY

.—Section 6161(a) of such title is amended by

striking ‘‘on active duty as a member of the naval service’’

and inserting ‘‘as a member of the naval service, whether

as a regular or a reserve in active status’’.

(3) A

IR FORCE

.—Section 9837(a) of such title is amended

by striking ‘‘on active duty as a member of the Air Force’’

and inserting ‘‘as a member of the Air Force, whether as a

regular or a reserve in active status’’.

(4) C

OAST GUARD

.—Section 461(1) of title 14, United States

Code, is amended by striking ‘‘on active duty as a member

of the Coast Guard’’ and inserting ‘‘as a member of the Coast

Guard, whether as a regular or a reserve in active status’’.

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130 STAT. 2174 PUBLIC LAW 114–328—DEC. 23, 2016

(5) E

FFECTIVE DATE

.—The amendments made by this sub-

section shall take effect on the date of the enactment of this

Act, and shall apply with respect to debt incurred on or after

October 7, 2001.

ENEFITS

AID TO

EMBERS OF

ALIFORNIA

ATIONAL

UARD

.—

(1) R

EVIEW OF CERTAIN BENEFITS PAID

.—

(A) I

N GENERAL

.—The Secretary of Defense shall con-

duct a review of all bonus pays, special pays, student

loan repayments, and similar special payments that were

paid to members of the National Guard of the State of

California during the period beginning on January 1, 2004,

and ending on December 31, 2015.

(B) E

XCEPTION

.—A review is not required under this

paragraph for benefits paid as described in subparagraph

(A) that were reviewed before the date of the enactment

of this Act and in which fraud or other ineligibility was

identified in connection with payment.

ONDUCT OF REVIEW

.—The Secretary shall estab-

lish a process to expedite the review required by this para-

graph. The Secretary shall allocate appropriate personnel

and other resources of the Department of Defense for the

process, and for such other purposes as the Secretary con-

siders appropriate, in order to achieve the completion of

the review by the date specified in subparagraph (D).

(D) C

OMPLETION

.—The review required by this para-

graph shall be completed by not later than July 30, 2017.

(2) R

EVIEW

.—

(A) I

N GENERAL

.—In conducting the review of benefits

paid to members of the National Guard of the State of

California pursuant to paragraph (1), the board of review

concerned shall—

(i) carry out a complete review of all bonus pay

and special pay contracts awarded to such members

during the period described in paragraph (1)(A) for

which the Department has reason to believe a

recoupment of pay may be warranted in order to deter-

mine whether such members were eligible for the con-

tracts so awarded and whether the contracts so

awarded accurately specified the amounts of pay for

which members were eligible;

(ii) carry out a complete review of all student loan

repayment contracts awarded to such members during

the period for which the Department has reason to

believe a recoupment of payment may be warranted

in order to determine whether such members were

eligible for the contracts so awarded and whether the

contracts so awarded accurately specified the amounts

of payment for which members were eligible;

(iii) carry out a complete review of any other

similar special payments paid to such members during

the period for which the Department has reason to

believe a recoupment of payments may be warranted

in order to determine whether such members were

eligible for payment and in such amount;

(iv) if any member is determined not to have been

eligible for a bonus pay, special pay, student loan

10 USC 4837

note.

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130 STAT. 2175 PUBLIC LAW 114–328—DEC. 23, 2016

repayment, or other special payment paid, determine

whether waiver of recoupment is warranted; and

(v) if any bonus pay, special pay, student loan

repayment, or other special payment paid to any such

member during the period has been recouped, deter-

mine whether the recoupment was unwarranted.

(B) W

AIVER OF RECOUPMENT

.—For purposes of clause

(iv) of subparagraph (A), the board of review shall deter-

mine that waiver of recoupment is warranted with respect

to a particular member unless the board makes an affirma-

tive determination, by a preponderance of the evidence,

that the member knew or reasonably should have known

that the member was ineligible for the bonus pay, special

pay, student loan repayment, or other special payment

otherwise subject to recoupment.

ROPRIETY OF RECOUPMENT

.—For purposes of

clause (v) of subparagraph (A), the board of review shall

determine that recoupment was unwarranted with respect

to a particular member unless the board makes an affirma-

tive determination, by a preponderance of the evidence,

that the member knew or reasonably should have known

that the member was ineligible for the bonus pay, special

pay, student loan repayment, or other special payment

recouped.

(D) S

TANDARD OF REVIEW

.—In applying subparagraph

(B) or (C) in making a determination under clause (iv)

or (v) of subparagraph (A), as applicable, with respect

to a member, the board of review shall evaluate the evi-

dence in a light most favorable to the member.

(3) P

ARTICIPATION OF MEMBERS

.—

(A) I

N GENERAL

.—A member subject to a determination

under clause (iv) or (v) of paragraph (2)(A) may submit

to the board of review concerned such documentary and

other evidence as the member considers appropriate to

assist the board of review in the determination.

(B) N

OTICE

.—The Secretary shall notify, in writing,

each member subject to a determination under clause (iv)

or (v) of paragraph (2)(A) of the review under paragraph

(1) and the applicability of the determination process under

such clause to such member. The notice shall be provided

at a time designed to give each member a reasonable

opportunity to submit documentary and other evidence as

authorized by subparagraph (A). The notice shall provide

each member the following:

(i) Notice of the opportunity for such member to

submit evidence to assist the board of review.

(ii) A description of resources available to such

member to submit such evidence.

ONSIDERATION

.—In making a determination under

clause (iv) or (v) of paragraph (2)(A) with respect to a

member, the board of review shall undertake a comprehen-

sive review of any submissions made by the member pursu-

ant to this paragraph.

(4) A

CTIONS FOLLOWING REVIEW

.—

(A) W

AIVER OF RECOUPMENT

.—Upon completion of a

review pursuant to paragraph (2)(A)(iv) with respect to

a member—

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130 STAT. 2176 PUBLIC LAW 114–328—DEC. 23, 2016

(i) the board of review shall submit to the Secretary

concerned a notice setting forth—

(I) the determination of the board pursuant

to that paragraph with respect to the member;

and

(II) the recommendation of the board whether

or not the recoupment of the bonus pay, special

pay, student loan repayment, or other special pay-

ment covered by the determination should be

waived; and

(ii) the Secretary may waive recoupment of the

pay, repayment, or other payment from the member.

(B) R

EPAYMENT OF AMOUNT RECOUPED

.—Upon comple-

tion of a review pursuant to paragraph (2)(A)(v) with

respect to a member—

(i) the board of review shall submit to the Secretary

concerned a notice setting forth—

(I) the determination of the board pursuant

to that paragraph with respect to the member;

and

(II) the recommendation of the board whether

or not the recouped bonus pay, special pay, student

loan repayment, or other special payment covered

by the determination should be repaid the member;

and

(ii) the Secretary may repay the member the

amount so recouped.

ONSUMER CREDIT AND RELATED MATTERS

.—If the

Secretary concerned waives recoupment of a bonus pay,

special pay, student loan repayment, or other special pay-

ment paid a member pursuant to paragraph (4)(A)(ii), or

repays a member an amount of a bonus pay, special pay,

student loan repayment, or other special payment recouped

pursuant to paragraph (4)(B)(ii), the Secretary shall—

(i) in the event the Secretary had previously noti-

fied a consumer reporting agency of the existence of

the debt subject to the relief granted the member

pursuant to this paragraph, notify such consumer

reporting agency that such debt was never valid; and

(ii) if the member is experiencing or has experi-

enced financial hardship as a result of the actions

of the United States to obtain recoupment of such

debt, assist the member, to the extent practicable,

in addressing such financial hardship in accordance

with such mechanisms as the Secretary shall develop

for purposes of this clause.

(D) E

FFECT OF CONSUMER CREDIT NOTIFICATION

.—A

consumer reporting agency notified of the invalidity of a

debt pursuant to subparagraph (C)(i) may not, after the

date of the notice, make any consumer report containing

any information relating to the debt.

(E) D

EFINITIONS

.—In this paragraph, the terms ‘‘con-

sumer reporting agency’’ and ‘‘consumer report’’ have the

meaning given such terms in section 603 of the Fair Credit

Reporting Act (15 U.S.C. 1681a).

(5) F

UNDING

.—Amounts for activities under this subsection,

including for the conduct of the review required by paragraph

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130 STAT. 2177 PUBLIC LAW 114–328—DEC. 23, 2016

(1), for activities in connection with the review, for repayments

pursuant to paragraph (4)(B), and for activities under para-

graph (4)(C), shall be derived from amounts available for the

National Guard of the United States for the State of California.

(6) S

ECRETARY OF DEFENSE REPORT

.—

(A) I

N GENERAL

.—Not later than August 1, 2017, the

Secretary of Defense shall submit to the Committees on

Armed Services of the Senate and the House of Representa-

tives a report on the review conducted pursuant to para-

graph (1).

(B) E

LEMENTS

.—The report under this paragraph shall

include the following:

(i) The total amount of bonus pays, special pays,

student loan repayments, and other special pays paid

to members of the National Guard of the State of

California during the period beginning on September

1, 2001, and ending on December 31, 2015.

(ii) The number of bonus pay and special pay con-

tracts reviewed pursuant to paragraph (2)(A)(i), and

the amounts of such pays paid under each such con-

tract.

(iii) The number of student loan repayment con-

tracts reviewed pursuant to paragraph (2)(A)(ii), and

the amounts of such payments made pursuant to each

such contract.

(iv) The number of other special pay payments

reviewed pursuant to paragraph (2)(A)(iii), and the

amounts of such payments made to each particular

member so paid.

(v) The number of bonus pay and special pay con-

tracts, student loan repayments, and other special pay

payments that were determined pursuant to the review

to be paid in error, and the total amount, if any,

recouped from each member concerned.

(vi) Any additional fraud or other ineligibility

identified in the course of the review in the payment

of bonus pays, special pays, student loan repayments,

and other special pays paid to the members of the

National Guard of the State of California during the

period beginning on September 1, 2001, and ending

on December 31, 2015.

(7) C

OMPTROLLER GENERAL REPORT

.—

(A) I

N GENERAL

.—Not later than one year after the

date of the enactment of this Act, the Comptroller General

of the United States shall submit to the Committees on

Armed Services of the Senate and the House of Representa-

tives a report on the actions of the National Guard of

the State of California relating to the payment of bonus

pays, special pays, student loan repayments, and other

special pays from 2004 through 2015.

(B) E

LEMENTS

.—The report under this paragraph shall

include the following:

(i) An assessment whether the National Guard

of the State of California and the National Guard

Bureau have established policies and procedures that

will minimize the chance of improper payment of such

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130 STAT. 2178 PUBLIC LAW 114–328—DEC. 23, 2016

pays and repayments and of managerial abuse in the

payment of such pays and repayments.

(ii) An assessment whether the procedures, proc-

esses, and resources of the Defense Finance and

Accounting Service and the Defense Office of Hearings

and Appeals were appropriate to identify and respond

to fraud or other ineligibility in connection with the

payment of such pays and repayments, and to do so

in a timely manner.

(iii) Any recommendations the Comptroller Gen-

eral considers appropriate to streamline the procedures

and processes for the waiver of recoupment of the

payment of such pays and repayments by the United

States when recoupment is unwarranted.

SEC. 672. MODIFICATION OF FLAT RATE PER DIEM REQUIREMENT

FOR PERSONNEL ON LONG-TERM TEMPORARY DUTY

ASSIGNMENTS.

(a) M

ODIFICATION OF

LAT

ATE

.—

(1) I

N GENERAL

.—The Secretary of Defense shall take such

action as may be necessary to provide that, to the extent

that regulations implementing travel and transportation

authorities for military and civilian personnel of the Depart-

ment of Defense impose a flat rate per diem for meals and

incidental expenses for authorized travelers on long-term tem-

porary duty assignments that is at a reduced rate compared

to the per diem rate otherwise applicable, the Secretary con-

cerned may waive the applicability of such reduced rate and

pay such travelers actual expenses up to the full per diem

rate for such travel in any case when the Secretary concerned

determines that the reduced flat rate per diem for meals and

incidental expenses is not sufficient under the circumstances

of the temporary duty assignment.

(2) A

PPLICABILITY

.—The Secretary concerned may exercise

the authority provided pursuant to paragraph (1) with respect

to per diem payable for any day on or after the date of the

enactment of this Act.

(b) D

ELEGATION OF

UTHORITY

.—The authority pursuant to

subsection (a) may be delegated by the Secretary concerned to

an officer at the level of lieutenant general or vice admiral, or

above. Such authority may not be delegated to an officer below

that level.

AIVER OF

OLLECTION OF

ECEIPTS

.—The Secretary con-

cerned or an officer to whom the authority pursuant to subsection

(a) is delegated pursuant to subsection (b) may waive any require-

ment for the submittal of receipts by travelers on long-term tem-

porary duty assignments for the purpose of receiving the full per

diem rate pursuant to subsection (a) if the Secretary concerned

or officer, as described in subsection (b), personally certifies that

requiring travelers to submit receipts for that purpose will nega-

tively affect mission performance or create an undue administrative

burden.

(d) S

ECRETARY

ONCERNED

EFINED

.—In this section, the term

‘‘Secretary concerned’’ has the meaning given that term in section

101 of title 37, United States Code.

37 USC 474 note.

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130 STAT. 2179 PUBLIC LAW 114–328—DEC. 23, 2016

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Reform of TRICARE and Military Health System

Sec. 701. TRICARE Select and other TRICARE reform.

Sec. 702. Reform of administration of the Defense Health Agency and military med-

ical treatment facilities.

Sec. 703. Military medical treatment facilities.

Sec. 704. Access to urgent and primary care under TRICARE program.

Sec. 705. Value-based purchasing and acquisition of managed care support con-

tracts for TRICARE program.

Sec. 706. Establishment of high performance military-civilian integrated health de-

livery systems.

Sec. 707. Joint Trauma System.

Sec. 708. Joint Trauma Education and Training Directorate.

Sec. 709. Standardized system for scheduling medical appointments at military

treatment facilities.

Subtitle B—Other Health Care Benefits

Sec. 711. Extended TRICARE program coverage for certain members of the Na-

tional Guard and dependents during certain disaster response duty.

Sec. 712. Continuity of health care coverage for Reserve Components.

Sec. 713. Provision of hearing aids to dependents of retired members.

Sec. 714. Coverage of medically necessary food and vitamins for certain conditions

under the TRICARE program.

Sec. 715. Eligibility of certain beneficiaries under the TRICARE program for par-

ticipation in the Federal Employees Dental and Vision Insurance Pro-

gram.

Sec. 716. Applied behavior analysis.

Sec. 717. Evaluation and treatment of veterans and civilians at military treatment

facilities.

Sec. 718. Enhancement of use of telehealth services in military health system.

Sec. 719. Authorization of reimbursement by Department of Defense to entities car-

rying out State vaccination programs for costs of vaccines provided to

covered beneficiaries.

Subtitle C—Health Care Administration

Sec. 721. Authority to convert military medical and dental positions to civilian

medical and dental positions.

Sec. 722. Prospective payment of funds necessary to provide medical care for the

Coast Guard.

Sec. 723. Reduction of administrative requirements relating to automatic renewal

of enrollments in TRICARE Prime.

Sec. 724. Modification of authority of Uniformed Services University of the Health

Sciences to include undergraduate and other medical education and

training programs.

Sec. 725. Adjustment of medical services, personnel authorized strengths, and in-

frastructure in military health system to maintain readiness and core

competencies of health care providers.

Sec. 726. Program to eliminate variability in health outcomes and improve quality

of health care services delivered in military medical treatment facilities.

Sec. 727. Acquisition strategy for health care professional staffing services.

Sec. 728. Adoption of core quality performance metrics.

Sec. 729. Improvement of health outcomes and control of costs of health care under

TRICARE program through programs to involve covered beneficiaries.

Sec. 730. Accountability for the performance of the military health system of cer-

tain leaders within the system.

Sec. 731. Establishment of advisory committees for military treatment facilities.

Subtitle D—Reports and Other Matters

Sec. 741. Extension of authority for joint Department of Defense-Department of

Veterans Affairs Medical Facility Demonstration Fund and report on

implementation of information technology capabilities.

Sec. 742. Pilot program on expansion of use of physician assistants to provide men-

tal health care to members of the Armed Forces.

Sec. 743. Pilot program for prescription drug acquisition cost parity in the

TRICARE pharmacy benefits program.

Sec. 744. Pilot program on display of wait times at urgent care clinics and phar-

macies of military medical treatment facilities.

Sec. 745. Requirement to review and monitor prescribing practices at military

treatment facilities of pharmaceutical agents for treatment of post-trau-

matic stress.

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130 STAT. 2180 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 746. Department of Defense study on preventing the diversion of opioid medi-

cations.

Sec. 747. Incorporation into survey by Department of Defense of questions on expe-

riences of members of the Armed Forces with family planning services

and counseling.

Sec. 748. Assessment of transition to TRICARE program by families of members of

reserve components called to active duty and elimination of certain

charges for such families.

Sec. 749. Oversight of graduate medical education programs of military depart-

ments.

Sec. 750. Study on health of helicopter and tiltrotor pilots.

Sec. 751. Comptroller General reports on health care delivery and waste in military

health system.

Subtitle A—Reform of TRICARE and

Military Health System

SEC. 701. TRICARE SELECT AND OTHER TRICARE REFORM.

(a) E

STABLISHMENT OF

TRICARE S

ELECT

.—

(1) I

N GENERAL

.—Chapter 55 of title 10, United States

Code, is amended by inserting after section 1074n the following

new section:

‘‘§ 1075. TRICARE Select

‘‘(a) E

STABLISHMENT

.—(1) Not later than January 1, 2018, the

Secretary of Defense shall establish a self-managed, preferred-pro-

vider network option under the TRICARE program. Such option

shall be known as ‘TRICARE Select’.

‘‘(2) The Secretary shall establish TRICARE Select in all areas.

Under TRICARE Select, eligible beneficiaries will not have restric-

tions on the freedom of choice of the beneficiary with respect to

health care providers.

‘‘(b) E

NROLLMENT

LIGIBILITY

.—(1) The beneficiary categories

for purposes of eligibility to enroll in TRICARE Select and cost-

sharing requirements applicable to such category are as follows:

‘‘(A) An ‘active-duty family member’ category that consists

of beneficiaries who are covered by section 1079 of this title

(as dependents of active duty members).

‘‘(B) A ‘retired’ category that consists of beneficiaries cov-

ered by subsection (c) of section 1086 of this title, other than

Medicare-eligible beneficiaries described in subsection (d)(2) of

such section.

‘‘(C) A ‘reserve and young adult’ category that consists

of beneficiaries who are covered by—

‘‘(i) section 1076d of this title;

‘‘(ii) section 1076e; or

‘‘(iii) section 1110b.

‘‘(2) A covered beneficiary who elects to participate in TRICARE

Select shall enroll in such option under section 1099 of this title.

‘‘(c) C

OST

SHARING

EQUIREMENTS

.—The cost-sharing require-

ments under TRICARE Select are as follows:

‘‘(1) With respect to beneficiaries in the active-duty family

member category or the retired category by reason of being

a member or former member of the uniformed services who

originally enlists or is appointed in the uniformed services

on or after January 1, 2018, or by reason of being a dependent

of such a member, the cost-sharing requirements shall be cal-

culated pursuant to subsection (d)(1).

10 USC 1075.

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130 STAT. 2181 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2)(A) Except as provided by subsection (e), with respect

to beneficiaries described in subparagraph (B) in the active-

duty family member category or the retired category, the cost-

sharing requirements shall be calculated as if the beneficiary

were enrolled in TRICARE Extra or TRICARE Standard as

if TRICARE Extra or TRICARE Standard, as the case may

be, were still being carried out by the Secretary.

‘‘(B) Beneficiaries described in this subparagraph are bene-

ficiaries who are eligible to enroll in the TRICARE program

by reason of being a member or former member of the uni-

formed services who originally enlists or is appointed in the

uniformed services before January 1, 2018, or by reason of

being a dependent of such a member.

‘‘(3) With respect to beneficiaries in the reserve and young

adult category, the cost-sharing requirements shall be cal-

culated pursuant to subsection (d)(1) as if the beneficiary were

in the active-duty family member category or the retired cat-

egory, as applicable, except that the premiums calculated pursu-

ant to section 1076d, 1076e, or 1110b of this title, as the

case may be, shall apply instead of any enrollment fee required

under this section.

‘‘(d) C

OST

SHARING

MOUNTS FOR

ERTAIN

ENEFICIARIES

.—

(1) Beneficiaries described in subsection (c)(1) enrolled in TRICARE

Select shall be subject to cost-sharing requirements in accordance

with the amounts and percentages under the following table during

calendar year 2018 and as such amounts are adjusted under para-

graph (2) for subsequent years:

‘‘TRICARE Select

Active-Duty Family

Member

(Individual/Family)

Retired

(Individual/Family)

Annual Enroll-

ment

$0 $450 / $900

Annual deduct-

ible

E4 & below: $50 / $100 $150 / $300 Network

E5 & above: $150 / $300 $300 / $600 out of net-

work

Annual cata-

strophic cap

$1,000 $3,500

Outpatient visit

civilian net-

work

$15 primary care $25 primary care

$25 specialty care $40 specialty care

Out of network: 20% 25% of out of network

ER visit civilian

network

$40 network $80 network

20% out of network 25% out of network

Urgent care ci-

vilian network

$20 network $40 network

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130 STAT. 2182 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘TRICARE Select

Active-Duty Family

Member

(Individual/Family)

Retired

(Individual/Family)

20% out of network 25% out of network

Ambulatory

surgery civilian

network

$25 network $95 network

20% out of network 25% out of network

Ambulance ci-

vilian network

$15 $60

Durable med-

ical equipment

civilian net-

work

10% of negotiated fee 20% network

Inpatient visit

civilian net-

work

$60 per network admis-

sion

$175 per admission net-

work

20% out of network 25% out of network

Inpatient

skilled nursing/

rehab civilian

$25 per day network $50 per day network

$50 per day out of net-

work

Lesser of $300 per day

or 20% of billed

charges out of network

‘‘(2) Each dollar amount expressed as a fixed dollar amount

in the table set forth in paragraph (1), and the amounts specified

under paragraphs (1) and (2) of subsection (e), shall be annually

indexed to the amount by which retired pay is increased under

section 1401a of this title, rounded to the next lower multiple

of $1. The remaining amount above such multiple of $1 shall

be carried over to, and accumulated with, the amount of the increase

for the subsequent year or years and made when the aggregate

amount of increases carried over under this clause for a year

is $1 or more.

‘‘(3) Enrollment fees, deductible amounts, and catastrophic caps

under this section are on a calendar-year basis.

‘‘(e) E

XCEPTIONS TO

ERTAIN

OST

SHARING

MOUNTS FOR

TAIN

ENEFICIARIES

LIGIBLE

RIOR TO

2018.—(1) Subject to para-

graph (4), and in accordance with subsection (d)(2), the Secretary

shall establish an annual enrollment fee for beneficiaries described

in subsection (c)(2)(B) in the retired category who enroll in

TRICARE Select (other than such beneficiaries covered by para-

graph (3)). Such enrollment fee shall be $150 for an individual

and $300 for a family.

‘‘(2) For the calendar year for which the Secretary first estab-

lishes the annual enrollment fee under paragraph (1), the Secretary

shall adjust the catastrophic cap amount to be $3,500 for bene-

ficiaries described in subsection (c)(2)(B) in the retired category

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130 STAT. 2183 PUBLIC LAW 114–328—DEC. 23, 2016

who are enrolled in TRICARE Select (other than such beneficiaries

covered by paragraph (3)).

‘‘(3) The enrollment fee established pursuant to paragraph (1)

and the catastrophic cap adjusted under paragraph (2) for bene-

ficiaries described in subsection (c)(2)(B) in the retired category

shall not apply with respect to the following beneficiaries:

‘‘(A) Retired members and the family members of such

members covered by paragraph (1) of section 1086(c) of this

title by reason of being retired under chapter 61 of this title

or being a dependent of such a member.

‘‘(B) Survivors covered by paragraph (2) of such section

1086(c).

‘‘(4) The Secretary may not establish an annual enrollment

fee under paragraph (1) until 90 days has elapsed following the

date on which the Comptroller General of the United States is

required to submit the review under paragraph (5).

‘‘(5) Not later than February 1, 2020, the Comptroller General

of the United States shall submit to the Committees on Armed

Services of the House of Representatives and the Senate a review

of the following:

‘‘(A) Whether health care coverage for covered beneficiaries

has changed since the enactment of this section.

‘‘(B) Whether covered beneficiaries are able to obtain

appointments for health care according to the access standards

established by the Secretary of Defense.

‘‘(C) The percent of network providers that accept new

patients under the TRICARE program.

‘‘(D) The satisfaction of beneficiaries under TRICARE

Select.

‘‘(f) E

XCEPTION TO

OST

SHARING

EQUIREMENTS FOR

TRICARE

FOR

IFE

ENEFICIARIES

.—A beneficiary enrolled in TRICARE for

Life is subject to cost-sharing requirements pursuant to section

1086(d)(3) of this title and calculated as if the beneficiary were

enrolled in TRICARE Standard as if TRICARE Standard were

still being carried out by the Secretary.

‘‘(g) C

ONSTRUCTION

.—Nothing in this section may be construed

as affecting the availability of TRICARE Prime and TRICARE

for Life or the cost-sharing requirements for TRICARE for Life

under section 1086(d)(3) of this title.

‘‘(h) D

EFINITIONS

.—In this section:

‘‘(1) The terms ‘active-duty family member category’,

‘retired category’, and ‘reserve and young adult category’ mean

the respective categories of TRICARE Select enrollment

described in subsection (b).

‘‘(2) The term ‘network’ means—

‘‘(A) with respect to health care services, such services

provided to beneficiaries by TRICARE-authorized civilian

health care providers who have entered into a contract

under this chapter with a contractor under the TRICARE

program; and

‘‘(B) with respect to providers, civilian health care pro-

viders who have agreed to accept a pre-negotiated rate

as the total charge for services provided by the provider

and to file claims for beneficiaries.

‘‘(3) The term ‘out-of-network’ means, with respect to health

care services, such services provided by TRICARE-authorized

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130 STAT. 2184 PUBLIC LAW 114–328—DEC. 23, 2016

civilian providers who have not entered into a contract under

this chapter with a contractor under the TRICARE program.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 55 of title 10, United States Code, is

amended by inserting after the item relating to section 1074n,

the following new item:

‘‘1075. TRICARE Select.’’.

(b) TRICARE P

RIME

OST

HARING

.—

(1) I

N GENERAL

.—Chapter 55 of title 10, United States

Code, is amended by inserting after section 1075, as added

by subsection (a), the following new section:

‘‘§ 1075a. TRICARE Prime: cost sharing

‘‘(a) C

OST

SHARING

EQUIREMENTS

.—The cost-sharing require-

ments under TRICARE Prime are as follows:

‘‘(1) There are no cost-sharing requirements for bene-

ficiaries who are covered by section 1074(a) of this title.

‘‘(2) With respect to beneficiaries in the active-duty family

member category or the retired category (as described in section

1075(b)(1) of this title) by reason of being a member or former

member of the uniformed services who originally enlists or

is appointed in the uniformed services on or after January

1, 2018, or by reason of being a dependent of such a member,

the cost-sharing requirements shall be calculated pursuant to

subsection (b)(1).

‘‘(3)(A) With respect to beneficiaries described in subpara-

graph (B) in the active-duty family member category or the

retired category (as described in section 1075(b)(1) of this title),

the cost-sharing requirements shall be calculated in accordance

with the other provisions of this chapter without regard to

subsection (b).

‘‘(B) Beneficiaries described in this subparagraph are bene-

ficiaries who are eligible to enroll in the TRICARE program

by reason of being a member or former member of the uni-

formed services who originally enlists or is appointed in the

uniformed services before January 1, 2018, or by reason of

being a dependent of such a member.

‘‘(b) C

OST

SHARING

MOUNTS

.—(1) Beneficiaries described in

subsection (a)(2) enrolled in TRICARE Prime shall be subject to

cost-sharing requirements in accordance with the amounts and

percentages under the following table during calendar year 2018

and as such amounts are adjusted under paragraph (2) for subse-

quent years:

‘‘TRICARE Prime

Active-Duty Family

Member

(Individual/Family)

Retired

(Individual/Family)

Annual Enroll-

ment

$0 $350 / $700

Annual deduct-

ible

No No

10 USC 1075a.

10 USC 1071

prec.

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130 STAT. 2185 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘TRICARE Prime

Active-Duty Family

Member

(Individual/Family)

Retired

(Individual/Family)

Annual cata-

strophic cap

$1,000 $3,500

Outpatient visit

civilian network

$0 $20 primary care

$30 specialty care

ER visit civilian

network

$0 $60 network

Urgent care civil-

ian network

$0 $30 network

Ambulatory sur-

gery civilian net-

work

$0 $60 network

Ambulance civil-

ian network

$0 $40

Durable medical

equipment civil-

ian network

$0 20% of negotiated fee,

network

Inpatient visit ci-

vilian network

$0 $150 per admission

Inpatient skilled

nursing/rehab ci-

vilian

$0 $30 per day network

‘‘(2) Each dollar amount expressed as a fixed dollar amount

in the table set forth in paragraph (1) shall be annually indexed

to the amount by which retired pay is increased under section

1401a of this title, rounded to the next lower multiple of $1. The

remaining amount above such multiple of $1 shall be carried over

to, and accumulated with, the amount of the increase for the subse-

quent year or years and made when the aggregate amount of

increases carried over under this clause for a year is $1 or more.

‘‘(3) Enrollment fees, deductible amounts, and catastrophic caps

under this section are on a calendar-year basis.

‘‘(c) S

PECIAL

ULE FOR

MOUNTS

ITHOUT

EFERRALS

.—Not-

withstanding subsection (b)(1), the cost-sharing amount for a bene-

ficiary enrolled in TRICARE Prime who does not obtain a referral

for care under paragraph (1) of section 1075f(a) of this title (or

a waiver pursuant to paragraph (2) of such section for such care)

shall be an amount equal to 50 percent of the allowed point-

of-service charge for such care.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 55 of title 10, United States Code, is

10 USC 1071

prec.

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130 STAT. 2186 PUBLIC LAW 114–328—DEC. 23, 2016

amended by inserting after the item relating to section 1075,

as added by subsection (a), the following new item:

‘‘1075a. TRICARE Prime: cost sharing.’’.

EFERRALS AND

REAUTHORIZATION FOR

TRICARE P

RIME

.—

Section 1095f of title 10, United States Code, is amended to read

as follows:

‘‘§ 1095f. TRICARE program: referrals and preauthorizations

under TRICARE Prime

‘‘(a) R

EFERRALS

.—(1) Except as provided by paragraph (2), a

beneficiary enrolled in TRICARE Prime shall be required to obtain

a referral for care through a designated primary care manager

(or other care coordinator) prior to obtaining care under the

TRICARE program.

‘‘(2) The Secretary may waive the referral requirement in para-

graph (1) in such circumstances as the Secretary may establish

for purposes of this subsection.

‘‘(3) The cost-sharing amounts for a beneficiary enrolled in

TRICARE Prime who does not obtain a referral for care under

paragraph (1) (or a waiver pursuant to paragraph (2) for such

care) shall be determined under section 1075a(c) of this title.

‘‘(b) P

REAUTHORIZATION

.—A beneficiary enrolled in TRICARE

Prime shall be required to obtain preauthorization only with respect

to a referral for the following:

‘‘(1) Inpatient hospitalization.

‘‘(2) Inpatient care at a skilled nursing facility.

‘‘(3) Inpatient care at a rehabilitation facility.

‘‘(c) P

ROHIBITION

EGARDING

RIOR

UTHORIZATION FOR

TAIN

EFERRALS

.—The Secretary of Defense shall ensure that no

contract for managed care support under the TRICARE program

includes any requirement that a managed care support contractor

require a primary care or specialty care provider to obtain prior

authorization before referring a patient to a specialty care provider

that is part of the network of health care providers or institutions

of the contractor.’’.

(d) E

NROLLMENT

ERIODS

.—

(1) A

NNUAL PERIODS AND QUALIFYING EVENTS

.—Section

1099(b) of title 10, United States Code, is amended by amending

paragraph (1) to read as follows:

‘‘(1) allow covered beneficiaries to elect to enroll in a health

care plan, or modify a previous election, from eligible health

care plans designated by the Secretary of Defense during—

‘‘(A) an annual open enrollment period; and

‘‘(B) any period based on a qualifying event experienced

by the beneficiary, as determined appropriate by the Sec-

retary; or’’.

(2) A

PPLICATION

.—The Secretary of Defense shall imple-

ment the initial annual open enrollment period pursuant to

section 1099(b)(1) of title 10, United States Code, as amended

by paragraph (1), during 2018.

(3) G

RACE PERIOD DURING FIRST YEAR

.—

(A) At any time during the one-year period beginning

on the date on which the initial annual open enrollment

period begins pursuant to section 1099(b)(1) of title 10,

10 USC 1099

note.

10 USC 1099

note.

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130 STAT. 2187 PUBLIC LAW 114–328—DEC. 23, 2016

United States Code, as amended by paragraph (1), a cov-

ered beneficiary may make an election, or modify such

an election, described in such section.

(B) If during such one-year period an individual who

is eligible to enroll in the TRICARE program, but does

not elect to enroll in such program, receives health care

services for an episode of care that would be covered under

the TRICARE program if such individual were enrolled

in the TRICARE program, the Secretary—

(i) shall pay the out-of-network fees only for the

first episode of care and inform the individual of the

opportunity to enroll in the TRICARE program; and

(ii) may not pay any costs relating to any subse-

quent episode of care if such individual is not enrolled

in the TRICARE program.

(4) T

RANSITION PLAN

.—Not later than March 1, 2017, the

Secretary shall provide to the Committees on Armed Services

of the Senate and the House of Representatives a briefing

on the transition plan of the Department of Defense for imple-

menting an annual enrollment period for TRICARE Prime and

TRICARE Select pursuant to section 1099(b)(1) of title 10,

United States Code, as amended by paragraph (1). Such plan

shall include strategies to notify each beneficiary of the changes

to the TRICARE options and the changes to the enrollment

process.

(e) T

ERMINATION OF

TRICARE S

TANDARD AND

TRICARE

XTRA

.—Beginning on January 1, 2018, the Secretary of Defense

may not carry out TRICARE Standard and TRICARE Extra under

the TRICARE program. The Secretary shall ensure that any indi-

vidual who is covered under TRICARE Standard or TRICARE Extra

as of December 31, 2017, enrolls in TRICARE Prime or TRICARE

Select, as the case may be, as of January 1, 2018, for the individual

to continue coverage under the TRICARE program.

(f) I

MPLEMENTATION

LAN

.—

(1) I

N GENERAL

.—Not later than June 1, 2017, the Secretary

of Defense shall submit to the Committees on Armed Services

of the House of Representatives and the Senate an implementa-

tion plan to improve access to health care for TRICARE bene-

ficiaries pursuant to the amendments made by this section.

(2) E

LEMENTS

.—The plan under paragraph (1) shall—

(A) ensure that at least 85 percent of the beneficiary

population under TRICARE Select is covered by the net-

work by January 1, 2018;

(B) ensure access standards for appointments for

health care that meet or exceed those of high-performing

health care systems in the United States, as determined

by the Secretary;

with access standards;

(D) establish health care provider-to-beneficiary ratios;

(E) monitor on a monthly basis complaints by bene-

ficiaries with respect to network adequacy and the avail-

ability of health care providers;

(F) establish requirements for mechanisms to monitor

the responses to complaints by beneficiaries;

10 USC 1073

note.

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130 STAT. 2188 PUBLIC LAW 114–328—DEC. 23, 2016

(G) establish mechanisms to evaluate the quality

metrics of the network providers established under section

728;

(H) include any recommendations for legislative action

the Secretary determines necessary to carry out the plan;

and

(I) include any other elements the Secretary deter-

mines appropriate.

(g) GAO R

EVIEWS

.—

(1) I

MPLEMENTATION PLAN

.—Not later than December 1,

2017, the Comptroller General of the United States shall submit

to the Committees on Armed Services of the House of Rep-

resentatives and the Senate a review of the implementation

plan of the Secretary under paragraph (1) of subsection (f),

including an assessment of the adequacy of the plan in meeting

the elements specified in paragraph (2) of such subsection.

(2) N

ETWORK

.—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.

Extra that accept new patients under the TRICARE pro-

gram.

(D) An assessment of the satisfaction of beneficiaries

under TRICARE Extra.

(h) P

ILOT

ROGRAM ON

NCORPORATION OF

ALUE

BASED

EALTH

ARE IN

URCHASED

ARE

OMPONENT OF

TRICARE P

GRAM

.—

(1) I

N GENERAL

.—Not later than January 1, 2018, the Sec-

retary of Defense shall carry out a pilot program to demonstrate

and assess the feasibility of incorporating value-based health

care methodology in the purchased care component of the

TRICARE program by reducing copayments or cost shares for

targeted populations of covered beneficiaries in the receipt of

high-value medications and services and the use of high-value

providers under such purchased care component, including by

exempting certain services from deductible requirements.

(2) R

EQUIREMENTS

.—In carrying out the pilot program

under paragraph (1), the Secretary shall—

(A) identify each high-value medication and service

that is covered under the purchased care component of

the TRICARE program for which a reduction or elimination

of the copayment or cost share for such medication or

service would encourage covered beneficiaries to use the

medication or service;

(B) reduce or eliminate copayments or cost shares for

covered beneficiaries to receive high-value medications and

services;

covered beneficiaries to receive health care services from

high-value providers;

10 USC 1073

note.

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130 STAT. 2189 PUBLIC LAW 114–328—DEC. 23, 2016

(D) credit the amount of any reduction or elimination

of a copayment or cost share under subparagraph (B) or

applicable to the covered beneficiary in the purchased care

component of the TRICARE program to the same extent

as if such reduction or elimination had not applied; and

(E) develop a process to reimburse high-value providers

at rates higher than those rates for health care providers

that are not high-value providers.

(3) R

EPORT ON VALUE

BASED HEALTH CARE METHODOLOGY

.—

Not later than 180 days after the date of the enactment of

this Act, the Secretary shall submit to the Committees on

Armed Services of the Senate and the House of Representatives

a report that includes the following:

(A) A list of each high-value medication and service

identified under paragraph (2)(A) for which the copayment

or cost share amount will be reduced or eliminated under

the pilot program to encourage covered beneficiaries to

use such medications and services through the purchased

care component of the TRICARE program.

(B) For each high-value medication and service identi-

fied under paragraph (2)(A), the amount of the copayment

or cost share required under the purchased care component

of the TRICARE program and the amount of any reduction

or elimination of such copayment or cost share pursuant

to the pilot program.

to covered beneficiaries, through multiple communication

media—

(i) the list of high-value medications and services

described in subparagraph (A); and

(ii) a list of high-value providers.

(D) A description of modifications, if any, to existing

health care contracts that may be required to implement

value-based health care methodology in the purchased care

component of the TRICARE program under the pilot pro-

gram and the estimated costs of those contract modifica-

tions.

(4) C

OMPTROLLER GENERAL PRELIMINARY REVIEW AND

ASSESSMENT

.—

(A) Not later than March 1, 2021, the Comptroller

General of the United States shall submit to the Commit-

tees on Armed Services of the Senate and the House of

Representatives a review and assessment of the prelimi-

nary results of the pilot program.

(B) The review and assessment required under

subparagraph (A) shall include the following:

(i) An assessment of the extent of the use of value-

based health care methodology in the purchased care

component of the TRICARE program under the pilot

program.

(ii) An analysis demonstrating how reducing or

eliminating the copayment or cost share for each high-

value medication and service identified under para-

graph (2)(A) resulted in—

(I) increased adherence to medication regi-

mens;

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130 STAT. 2190 PUBLIC LAW 114–328—DEC. 23, 2016

(II) improvement of quality measures;

(III) improvement of health outcomes;

(IV) reduction of number of emergency room

visits or hospitalizations; and

(V) enhancement of experience of care for cov-

ered beneficiaries.

(iii) Such recommendations for incentivizing the

use of high-value medications and services to improve

health outcomes and the experience of care for bene-

ficiaries as the Comptroller General considers appro-

priate.

(5) R

EVIEW AND ASSESSMENT OF PILOT PROGRAM

.—

(A) Not later than January 1, 2023, the Secretary

shall submit to the Committees on Armed Services of the

Senate and the House of Representatives a review and

assessment of the pilot program.

(B) The review and assessment required under

subparagraph (A) shall include the following:

(i) An assessment of the extent of the use of value-

based health care methodology in the purchased care

component of the TRICARE program under the pilot

program.

(ii) An analysis demonstrating how reducing or

eliminating the copayment or cost share for each high-

value medication and service identified under para-

graph (2)(A) resulted in—

(I) increased adherence to medication regi-

mens;

(II) improvement of quality measures;

(III) improvement of health outcomes; and

(IV) enhancement of experience of care for cov-

ered beneficiaries.

(iii) A cost-benefit analysis of the implementation

of value-based health care methodology in the pur-

chased care component of the TRICARE program under

the pilot program.

(iv) Such recommendations for incentivizing the

use of high-value medications and services to improve

health outcomes and the experience of care for covered

beneficiaries as the Secretary considers appropriate.

(6) T

ERMINATION

.—The Secretary may not carry out the

pilot program after December 31, 2022.

(i) D

EFINITIONS

.—In this section:

(1) The terms ‘‘uniformed services’’, ‘‘covered beneficiary’’,

‘‘TRICARE Extra’’, ‘‘TRICARE for Life’’, ‘‘TRICARE Prime’’,

and ‘‘TRICARE Standard’’, have the meaning given those terms

in section 1072 of title 10, United States Code, as amended

by subsection (j).

(2) The term ‘‘TRICARE Select’’ means the self-managed,

preferred-provider network option under the TRICARE program

established by section 1075 of such title, as added by subsection

(a).

(3) The term ‘‘chronic conditions’’ includes diabetes, chronic

obstructive pulmonary disease, asthma, congestive heart

failure, hypertension, history of stroke, coronary artery disease,

mood disorders, and such other diseases or conditions as the

Secretary considers appropriate.

10 USC 1073

note.

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130 STAT. 2191 PUBLIC LAW 114–328—DEC. 23, 2016

(4) The term ‘‘high-value medications and services’’ means

prescription medications and clinical services for the manage-

ment of chronic conditions that the Secretary determines would

improve health outcomes and create health value for covered

beneficiaries (such as preventive care, primary and specialty

care, diagnostic tests, procedures, and durable medical equip-

ment).

(5) The term ‘‘high-value provider’’ means an individual

or institutional health care provider that provides health care

under the purchased care component of the TRICARE program

and that consistently improves the experience of care, meets

established quality of care and effectiveness metrics, and

reduces the per capita costs of health care.

(6) The term ‘‘value-based health care methodology’’ means

a methodology for identifying specific prescription medications

and clinical services provided under the TRICARE program

for which reduction of copayments, cost shares, or both, would

improve the management of specific chronic conditions because

of the high value and clinical effectiveness of such medications

and services for such chronic conditions.

(j) C

ONFORMING

MENDMENTS

.—

(1) I

N GENERAL

.—Title 10, United States Code, is amended

as follows:

(A) Section 1072 is amended—

(i) by striking paragraph (7) and inserting the

following:

‘‘(7) The term ‘TRICARE program’ means the various pro-

grams carried out by the Secretary of Defense under this

chapter and any other provision of law providing for the fur-

nishing of medical and dental care and health benefits to mem-

bers and former members of the uniformed services and their

dependents, including the following health plan options:

‘‘(A) TRICARE Prime.

‘‘(B) TRICARE Select.

‘‘(C) TRICARE for Life.’’; and

(ii) by adding at the end the following new para-

graphs:

‘‘(11) The term ‘TRICARE Extra’ means the preferred-pro-

vider option of the TRICARE program made available prior

to January 1, 2018, under which TRICARE Standard bene-

ficiaries may obtain discounts on cost sharing as a result of

using TRICARE network providers.

‘‘(12) The term ‘TRICARE Select’ means the self-managed,

preferred-provider network option under the TRICARE program

established by section 1075 of this title.

‘‘(13) The term ‘TRICARE for Life’ means the Medicare

wraparound coverage option of the TRICARE program made

available to the beneficiary by reason of section 1086(d) of

this title.

‘‘(14) The term ‘TRICARE Prime’ means the managed care

option of the TRICARE program.

‘‘(15) The term ‘TRICARE Standard’ means the TRICARE

program made available prior to January 1, 2018, covering—

‘‘(A) medical care to which a dependent described in

section 1076(a)(2) of this title is entitled; and

‘‘(B) health benefits contracted for under the authority

of section 1079(a) of this title and subject to the same

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130 STAT. 2192 PUBLIC LAW 114–328—DEC. 23, 2016

rates and conditions as apply to persons covered under

that section.’’.

(B) Section 1076d is amended—

(i) in subsection (d)(1), by inserting after ‘‘cov-

erage.’’ the following: ‘‘Such premium shall apply

instead of any enrollment fees required under section

1075 of this section.’’; and

(ii) in subsection (f), by striking paragraph (2)

and inserting the following new paragraph:

‘‘(2) The term ‘TRICARE Reserve Select’ means the

TRICARE Select self-managed, preferred-provider network

option under section 1075 made available to beneficiaries by

reason of this section and in accordance with subsection (d)(1).’’;

and

(iii) by striking ‘‘TRICARE Standard’’ each place

it appears (including in the heading of such section)

and inserting ‘‘TRICARE Reserve Select’’.

(i) in subsection (d)(1), by inserting after ‘‘cov-

erage.’’ the following: ‘‘Such premium shall apply

instead of any enrollment fees required under section

1075 of this section.’’; and

(ii) in subsection (f), by striking paragraph (2)

and inserting the following new paragraph:

‘‘(2) The term ‘TRICARE Retired Reserve’ means the

TRICARE Select self-managed, preferred-provider network

option under section 1075 made available to beneficiaries by

reason of this section and in accordance with subsection (d)(1).’’;

(iii) in subsection (b), by striking ‘‘TRICARE

Standard coverage at’’ and inserting ‘‘TRICARE cov-

erage at’’; and

(iv) by striking ‘‘TRICARE Standard’’ each place

it appears (including in the heading of such section)

and inserting ‘‘TRICARE Retired Reserve’’.

(D) Section 1079a is amended—

(i) in the section heading, by striking ‘‘CHAMPUS’’

and inserting ‘‘TRICARE program’’; and

(ii) by striking ‘‘the Civilian Health and Medical

Program of the Uniformed Services’’ and inserting ‘‘the

TRICARE program’’.

(E) Section 1099(c) is amended by striking paragraph

(2) and inserting the following new paragraph:

‘‘(2) A plan under the TRICARE program.’’.

(F) Section 1110b(c)(1) is amended by inserting after

‘‘(b).’’ the following: ‘‘Such premium shall apply instead

of any enrollment fees required under section 1075 of this

section.’’.

(2) C

LERICAL AMENDMENTS

.—The table of sections at the

beginning of chapter 55 of title 10, United States Code, is

further amended—

(A) in the item relating to section 1076d, by striking

‘‘TRICARE Standard’’ and inserting ‘‘TRICARE Reserve

Select’’;

(B) in the item relating to section 1076e, by striking

‘‘TRICARE Standard’’ and inserting ‘‘TRICARE Retired

Reserve’’;

10 USC 1071

prec.

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130 STAT. 2193 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘CHAMPUS’’ and inserting ‘‘TRICARE program’’; and

(D) in the item relating to section 1095f, by striking

‘‘for specialty health care’’ and inserting ‘‘and

preauthorizations under TRICARE Prime’’.

(3) C

ONFORMING STYLE

.—Any new language inserted or

added to title 10, United States Code, by an amendment made

by this subsection shall conform to the typeface and typestyle

of the matter in which the language is so inserted or added.

(k) A

PPLICATION

.—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) A

DMINISTRATION

.—

(1) I

N GENERAL

.—Chapter 55 of title 10, United States

Code, is amended by inserting after section 1073b the following

new section:

‘‘§ 1073c. Administration of Defense Health Agency and mili-

tary medical treatment facilities

‘‘(a) A

DMINISTRATION OF

ILITARY

EDICAL

REATMENT

ACILI

TIES

.—(1) Beginning October 1, 2018, the Director of the Defense

Health Agency shall be responsible for the administration of each

military medical treatment facility, including with respect to—

‘‘(A) budgetary matters;

‘‘(B) information technology;

‘‘(C) health care administration and management;

‘‘(D) administrative policy and procedure;

‘‘(E) miliary medical construction; and

‘‘(F) any other matters the Secretary of Defense determines

appropriate.

‘‘(2) The commander of each military medical treatment facility

shall be responsible for—

‘‘(A) ensuring the readiness of the members of the armed

forces and civilian employees at such facility; and

‘‘(B) furnishing the health care and medical treatment pro-

vided at such facility.

‘‘(3) The Secretary of Defense shall establish within the Defense

Health Agency a professional staff to provide policy, oversight,

and direction to carry out subsection (a). The Secretary shall carry

out this paragraph by appointing the positions specified in sub-

sections (b) and (c).

‘‘(b) DHA A

SSISTANT

IRECTOR

.—(1) There is in the Defense

Health Agency an Assistant Director for Health Care Administra-

tion. The Assistant Director shall—

‘‘(A) be a career appointee within the Department; and

‘‘(B) report directly to the Director of the Defense Health

Agency.

‘‘(2) The Assistant Director shall be appointed from among

individuals who have equivalent education and experience as a

chief executive officer leading a large, civilian health care system.

‘‘(3) The Assistant Director shall be responsible for the fol-

lowing:

‘‘(A) Establishing priorities for health care administration

and management.

10 USC 1073c.

10 USC 1072

note.

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130 STAT. 2194 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(B) Establishing policies, procedures, and direction for the

provision of direct care at military medical treatment facilities.

‘‘(C) Establishing priorities for budgeting matters with

respect to the provision of direct care at military medical treat-

ment facilities.

‘‘(D) Establishing policies, procedures, and direction for

clinic management and operations at military medical treat-

ment facilities.

‘‘(E) Establishing priorities for information technology at

and between the military medical treatment facilities.

‘‘(c) DHA D

EPUTY

SSISTANT

IRECTORS

.—(1)(A) There is in

the Defense Health Agency a Deputy Assistant Director for Informa-

tion Operations.

‘‘(B) The Deputy Assistant Director for Information Operations

shall be responsible for policies, management, and execution of

information technology operations at and between the military med-

ical treatment facilities.

‘‘(2)(A) There is in the Defense Health Agency a Deputy Assist-

ant Director for Financial Operations.

‘‘(B) The Deputy Assistant Director for Financial Operations

shall be responsible for the policy, procedures, and direction of

budgeting matters and financial management with respect to the

provision of direct care across the military health system.

‘‘(3)(A) There is in the Defense Health Agency a Deputy Assist-

ant Director for Health Care Operations.

‘‘(B) The Deputy Assistant Director for Health Care Operations

shall be responsible for the policy, procedures, and direction of

health care administration in the military medical treatment facili-

ties.

‘‘(4)(A) There is in the Defense Health Agency a Deputy Assist-

ant Director for Medical Affairs.

‘‘(B) The Deputy Assistant Director for Medical Affairs shall

be responsible for policy, procedures, and direction of clinical quality

and process improvement, patient safety, infection control, graduate

medical education, clinical integration, utilization review, risk

management, patient experience, and civilian physician recruiting.

‘‘(5) Each Deputy Assistant Director appointed under para-

graphs (1) through (4) shall report directly to the Assistant Director

for Health Care Administration.

‘‘(d) C

ERTAIN

ESPONSIBILITIES OF

DHA D

IRECTOR

.—(1) In addi-

tion to the other duties of the Director of the Defense Health

Agency, the Director shall coordinate with the Joint Staff Surgeon

to ensure that the Director most effectively carries out the respon-

sibilities of the Defense Health Agency as a combat support agency

under section 193 of this title.

‘‘(2) The responsibilities of the Director shall include the fol-

lowing:

‘‘(A) Ensuring that the Defense Health Agency meets the

operational needs of the commanders of the combatant com-

mands.

‘‘(B) Coordinating with the military departments to ensure

that the staffing at the military medical treatment facilities

supports readiness requirements for members of the armed

forces and health care personnel.

‘‘(e) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘career appointee’ has the meaning given

that term in section 3132(a)(4) of title 5.

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130 STAT. 2195 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) The term ‘Defense Health Agency’ means the Defense

Agency established pursuant to Department of Defense Direc-

tive 5136.13, or such successor Defense Agency.’’.

(2) C

LERICAL 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) P

OSITIONS OF

URGEON

ENERAL IN THE

RMED

ORCES

.—

(1) S

URGEON GENERAL OF THE ARMY

.—Section 3036 of title

10, United States Code, is amended—

(A) in subsection (d), by striking ‘‘(1)’’;

(B) by redesignating subsection (e) as subsection (g);

(e);

(D) by transferring paragraphs (2) and (3) of subsection

(d) to subsection (e), as added by subparagraph (C), and

redesignating such paragraphs as paragraphs (1) and (2),

respectively; and

(E) by adding after subsection (e), as added by subpara-

graph (C), the following new subsection (f):

‘‘(f)(1) The Surgeon General serves as the principal advisor

to the Secretary of the Army and the Chief of Staff of the Army

on all health and medical matters of the Army, including strategic

planning and policy development relating to such matters.

‘‘(2) The Surgeon General serves as the chief medical advisor

of the Army to the Director of the Defense Health Agency on

matters pertaining to military health readiness requirements and

safety of members of the Army.

‘‘(3) The Surgeon General, acting under the authority, direction,

and control of the Secretary of the Army, shall recruit, organize,

train, and equip, medical personnel of the Army.’’.

(2) S

URGEON GENERAL OF THE NAVY

.—

(A) I

N GENERAL

.—Section 5137 of title 10, United

States Code, is amended to read as follows:

‘‘§ 5137. Surgeon General: appointment; duties

‘‘(a) A

PPOINTMENT

.—The Surgeon General of the Navy shall

be appointed by the President, by and with the advice and consent

of the Senate, for a term of four years, from officers on the active-

duty list of the Navy in any corps of the Navy Medical Department.

‘‘(b) D

UTIES

.—(1) The Surgeon General serves as the Chief

of the Bureau of Medicine and Surgery and serves as the principal

advisor to the Secretary of the Navy and the Chief of Naval Oper-

ations on all health and medical matters of the Navy and the

Marine Corps, including strategic planning and policy development

relating to such matters.

‘‘(2) The Surgeon General serves as the chief medical advisor

of the Navy and the Marine Corps to the Director of the Defense

Health Agency on matters pertaining to military health readiness

requirements and safety of members of the Navy and the Marine

Corps.

‘‘(3) The Surgeon General, acting under the authority, direction,

and control of the Secretary of the Navy, shall recruit, organize,

train, and equip, medical personnel of the Navy and the Marine

Corps.’’.

10 USC 1071

prec.

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130 STAT. 2196 PUBLIC LAW 114–328—DEC. 23, 2016

(B) C

LERICAL AMENDMENT

.—The table of sections at

the beginning of chapter 513 of such title is amended

by striking the item relating to section 5137 and inserting

the following new item:

‘‘5137. Surgeon General: appointment; duties.’’.

(3) S

URGEON GENERAL OF THE AIR FORCE

.—

(A) I

N GENERAL

.—Section 8036 of title 10, United

States Code, is amended to read as follows:

‘‘§ 8036. Surgeon General: appointment; duties

‘‘(a) A

PPOINTMENT

.—The Surgeon General of the Air Force shall

be appointed by the President, by and with the advice and consent

of the Senate from officers of the Air Force who are in the Air

Force medical department.

‘‘(b) D

UTIES

.—(1) The Surgeon General serves as the principal

advisor to the Secretary of the Air Force and the Chief of Staff

of the Air Force on all health and medical matters of the Air

Force, including strategic planning and policy development relating

to such matters.

‘‘(2) The Surgeon General serves as the chief medical advisor

of the Air Force to the Director of the Defense Health Agency

on matters pertaining to military health readiness requirements

and safety of members of the Air Force.

‘‘(3) The Surgeon General, acting under the authority, direction,

and control of the Secretary of the Air Force, shall recruit, organize,

train, and equip, medical personnel of the Air Force.’’.

(B) C

LERICAL AMENDMENT

.—The table of sections at

the beginning of chapter 805 of such title is amended

by striking the item relating to section 8036 and inserting

the following new item:

‘‘8036. Surgeon General: appointment; duties.’’.

PPOINTMENTS

.—The Secretary of Defense shall make

appointments of the positions under section 1073c of title 10, United

States Code, as added by subsection (a)—

(1) by not later than October 1, 2018; and

(2) by not increasing the number of full-time equivalent

employees of the Defense Health Agency.

(d) I

MPLEMENTATION

LAN

.—

(1) I

N 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) E

LEMENTS

.—The plan developed under paragraph (1)

shall include the following:

(A) How the Secretary will carry out subsection (a)

of such section 1073c.

(B) Efforts to eliminate duplicative activities carried

out by the elements of the Defense Health Agency and

the military departments.

carried out by the Defense Health Agency.

(D) How the Secretary will implement such section

1073c in a manner that reduces the number of members

of the Armed Forces, civilian employees who are full-time

10 USC 1073c

note.

10 USC 8031

prec.

10 USC 5131

prec.

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130 STAT. 2197 PUBLIC LAW 114–328—DEC. 23, 2016

equivalent employees, and contractors relating to the head-

quarters activities of the military health system, as of

the date of the enactment of this Act.

(e) R

EPORTS

.—

(1) I

NTERIM REPORT

.—Not later than March 1, 2017, the

Secretary shall submit to the Committees on Armed Services

of the House of Representatives and the Senate a report con-

taining—

(A) a preliminary draft of the plan developed under

subsection (d)(1); and

(B) any recommendations for legislative actions the

Secretary determines necessary to carry out the plan.

(2) F

INAL REPORT

.—Not later than March 1, 2018, the

Secretary shall submit to the Committees on Armed Services

of the House of Representatives and the Senate a report con-

taining the final version of the plan developed under subsection

(d)(1).

(3) C

OMPTROLLER GENERAL REVIEWS

.—

(A) The Comptroller General of the United States shall

submit to the Committees on Armed Services of the House

of Representatives and the Senate—

(i) a review of the preliminary draft of the plan

submitted under paragraph (1) by not later than Sep-

tember 1, 2017; and

(ii) a review of the final version of the plan sub-

mitted under paragraph (2) by not later than Sep-

tember 1, 2018.

(B) Each review of the plan conducted under subpara-

graph (A) shall determine whether the Secretary has

addressed the required elements for the plan under sub-

section (d)(2).

SEC. 703. MILITARY MEDICAL TREATMENT FACILITIES.

(a) A

DMINISTRATION

.—

(1) I

N GENERAL

.—Chapter 55 of title 10, United States

Code, as amended by section 702, is further amended by

inserting after section 1073c the following new section:

‘‘§ 1073d. Military medical treatment facilities

‘‘(a) I

ENERAL

.—To support the medical readiness of the

armed forces and the readiness of medical personnel, the Secretary

of Defense, in consultation with the Secretaries of the military

departments, shall maintain the military medical treatment facili-

ties described in subsections (b), (c), and (d).

‘‘(b) M

EDICAL

ENTERS

.—(1) The Secretary of Defense shall

maintain medical centers in areas with a large population of mem-

bers of the armed forces and covered beneficiaries.

‘‘(2) Medical centers shall serve as referral facilities for mem-

bers and covered beneficiaries who require comprehensive health

care services that support medical readiness.

‘‘(3) Medical centers shall consist of the following:

‘‘(A) Inpatient and outpatient tertiary care facilities that

incorporate specialty and subspecialty care.

‘‘(B) Graduate medical education programs.

‘‘(C) Residency training programs.

‘‘(D) Level one or level two trauma care capabilities.

10 USC 1073d.

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130 STAT. 2198 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(4) The Secretary may designate a medical center as a regional

center of excellence for unique and highly specialized health care

services, including with respect to polytrauma, organ transplan-

tation, and burn care.

‘‘(c) H

OSPITALS

.—(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) A

MBULATORY

ARE

ENTERS

.—(1) The Secretary of Defense

shall maintain ambulatory care centers in areas where civilian

health care facilities are able to support the health care needs

of members of the armed forces and covered beneficiaries.

‘‘(2) Ambulatory care centers shall provide the outpatient health

services required to maintain medical readiness, including with

respect to partnerships established pursuant to section 706 of the

National Defense Authorization Act for Fiscal Year 2017.

‘‘(3) Ambulatory care centers shall consist of outpatient care

facilities with limited specialty care that the Secretary determines—

‘‘(A) is cost effective; or

‘‘(B) is not available at civilian health care facilities in

the area of the ambulatory care center.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of such chapter, as amended by section 702, is further

amended by inserting after the item relating to section 1073c

the following new item:

‘‘1073d. Military medical treatment facilities.’’.

(3) S

ATELLITE CENTERS

.—In addition to the centers of excel-

lence designated under section 1073d(b)(4) of title 10, United

States Code, as added by paragraph (1), the Secretary of

Defense may establish satellite centers of excellence to provide

specialty care for certain conditions, including with respect

to—

(A) post-traumatic stress;

(B) traumatic brain injury; and

appropriate.

(b) E

XCEPTION

.—In carrying out section 1073d of title 10,

United States Code, as added by subsection (a)(1), the Secretary

of Defense may not restructure or realign the infrastructure of,

or modify the health care services provided by, a military medical

treatment facility unless the Secretary determines that, if such

a restructure, realignment, or modification will eliminate the ability

of a covered beneficiary to access health care services at a military

medical treatment facility, the covered beneficiary will be able

to access such health care services through the purchased care

component of the TRICARE program.

10 USC 1073d

note.

10 USC 1073d

note.

10 USC 1071

prec.

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130 STAT. 2199 PUBLIC LAW 114–328—DEC. 23, 2016

PDATE OF

TUDY

.—

(1) I

N GENERAL

.—The Secretary of Defense, in collaboration

with the Secretaries of the military departments, shall update

the report described in paragraph (2) to address the restruc-

turing or realignment of military medical treatment facilities

pursuant to section 1073d of title 10, United States Code,

as added by subsection (a), including with respect to any expan-

sions or consolidations of such facilities.

(2) R

EPORT DESCRIBED

.—The report described in this para-

graph is the Military Health System Modernization Study dated

May 29th, 2015, required by section 713(a)(2) of the Carl Levin

and Howard P. ‘‘Buck’’ McKeon National Defense Authorization

Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3414).

(3) S

UBMISSION

.—Not later than 270 days after the date

of the enactment of this Act, the Secretary of Defense shall

submit to the congressional defense committees the updated

report under paragraph (1).

(d) I

MPLEMENTATION

LAN

.—

(1) I

N GENERAL

.—Not later than two years after the date

of the enactment of this Act, the Secretary of Defense shall

submit to the congressional defense committees an implementa-

tion plan to restructure or realign the military medical treat-

ment facilities pursuant to section 1073d of title 10, United

States Code, as added by subsection (a).

(2) E

LEMENTS

.—The implementation plan under paragraph

(1) shall include the following:

(A) With respect to each military medical treatment

facility—

(i) whether the facility will be realigned or restruc-

tured under the plan;

(ii) whether the functions of such facility will be

expanded or consolidated;

(iii) the costs of such realignment or restructuring;

(iv) a description of any changes to the military

and civilian personnel assigned to such facility as of

the date of the plan;

(v) a timeline for such realignment or restruc-

turing;

(vi) the justifications for such realignment or

restructuring, including an assessment of the capacity

of the civilian health care facilities located near such

facility;

(vii) a comprehensive assessment of the health

care services provided at the facility;

(viii) a description of the current accessibility of

covered beneficiaries to health care services provided

at the facility and proposed modifications to that acces-

sibility, including with respect to types of services pro-

vided;

(ix) a description of the current availability of

urgent care, emergent care, and specialty care at the

facility and in the TRICARE provider network in the

area in which the facility is located, and proposed

modifications to the availability of such care;

(x) a description of the current level of coordination

between the facility and local health care providers

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130 STAT. 2200 PUBLIC LAW 114–328—DEC. 23, 2016

in the area in which the facility is located and proposed

modifications to such level of coordination; and

(xi) a description of any unique challenges to pro-

viding health care at the facility, with a focus on chal-

lenges relating to rural, remote, and insular areas,

as appropriate.

(B) A description of the relocation of the graduate

medical education programs and the residency programs.

the Armed Forces and covered beneficiaries with travel

and lodging, if necessary, in connection with the receipt

of specialty care services at regional centers of excellence

designated under subsection (b)(4) of such section 1073d.

(D) A description of how the Secretary will carry out

subsection (b).

(3) GAO

REPORT

.—Not later than 60 days after the date

on which the Secretary of Defense submits the report under

paragraph (1), the Comptroller General of the United States

shall submit to the Committees on Armed Services of the Senate

and the House of Representatives a review of such report.

(e) D

EFINITIONS

.—In this section, the terms ‘‘covered bene-

ficiary’’ and ‘‘TRICARE program’’ have the meaning given those

terms in section 1072 of title 10, United States Code.

SEC. 704. ACCESS TO URGENT AND PRIMARY CARE UNDER TRICARE

PROGRAM.

(a) I

ENERAL

.—Chapter 55 of title 10, United States Code,

is amended by inserting after section 1077 the following new section:

‘‘§ 1077a. Access to military medical treatment facilities and

other facilities

‘‘(a) U

RGENT

ARE

.—(1) The Secretary of Defense shall ensure

that military medical treatment facilities, at locations the Secretary

determines appropriate, provide urgent care services for members

of the armed forces and covered beneficiaries until 11:00 p.m. each

day.

‘‘(2) With respect to areas in which a military medical treatment

facility covered by paragraph (1) is not located, the Secretary shall

ensure that members of the armed forces and covered beneficiaries

may access urgent care clinics through the health care provider

network under the TRICARE program.

‘‘(3) A covered beneficiary may access urgent care services with-

out the need for preauthorization for such services.

‘‘(4) The Secretary shall—

‘‘(A) publish information about changes in access to urgent

care under the TRICARE program—

‘‘(i) on the primary publicly available Internet website

of the Department; and

‘‘(ii) on the primary publicly available Internet website

of each military medical treatment facility; and

‘‘(B) ensure that such information is made available on

the publicly available Internet website of each current managed

care support contractor that has established a health care pro-

vider network under the TRICARE program.

‘‘(b) N

URSE

DVICE

INE

.—The Secretary shall ensure that

the nurse advice line of the Department directs covered beneficiaries

seeking access to care to the source of the most appropriate level

10 USC 1077a.

10 USC 1073d

note.

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130 STAT. 2201 PUBLIC LAW 114–328—DEC. 23, 2016

of health care required to treat the medical conditions of the bene-

ficiaries, including urgent care services described in subsection (a).

‘‘(c) P

RIMARY

ARE

LINICS

.—(1) The Secretary shall ensure

that primary care clinics at military medical treatment facilities

are available for members of the armed forces and covered bene-

ficiaries between the hours determined appropriate under para-

graph (2), including with respect to expanded hours described in

subparagraph (B) of such paragraph.

‘‘(2)(A) The Secretary shall determine the hours that each pri-

mary care clinic at a military medical treatment facility is available

for members of the armed forces and covered beneficiaries based

on—

‘‘(i) the needs of the military medical treatment facility

to meet the access standards under the TRICARE Prime pro-

gram; and

‘‘(ii) the primary care utilization patterns of members and

covered beneficiaries at such military medical treatment

facility.

‘‘(B) The primary care clinic hours at a military medical treat-

ment facility determined under subparagraph (A) shall include

expanded hours beyond regular business hours during weekdays

and the weekend if the Secretary determines under such subpara-

graph that sufficient demand exists at the military medical treat-

ment facility for such expanded primary care clinic hours.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of such chapter is amended by inserting after the item relating

to section 1077 the following new item:

‘‘1077a. Access to military medical treatment facilities and other facilities’’.

MPLEMENTATION

.—The Secretary of Defense shall imple-

ment—

(1) subsection (a) of section 1077a of title 10, United States

Code, as added by subsection (a) of this section, by not later

than one year after the date of the enactment of this Act;

and

(2) subsection (c) of such section by not later than 180

days after the date of the enactment of this Act.

SEC. 705. VALUE-BASED PURCHASING AND ACQUISITION OF MANAGED

CARE SUPPORT CONTRACTS FOR TRICARE PROGRAM.

(a) V

ALUE

BASED

EALTH

ARE

.—

(1) I

N GENERAL

.—The Secretary of Defense shall develop

and implement value-based incentive programs as part of any

contract awarded under chapter 55 of title 10, United States

Code, for the provision of health care services to covered bene-

ficiaries to encourage health care providers under the TRICARE

program (including physicians, hospitals, and other persons

and facilities involved in providing such health care services)

to improve the following:

(A) The quality of health care provided to covered

beneficiaries under the TRICARE program.

(B) The experience of covered beneficiaries in receiving

health care under the TRICARE program.

(2) V

ALUE

BASED INCENTIVE PROGRAMS

.—

(A) D

EVELOPMENT

.—In developing value-based incen-

tive programs under paragraph (1), the Secretary shall—

10 USC 1073a

note.

10 USC 1077a

note.

10 USC 1071

prec.

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130 STAT. 2202 PUBLIC LAW 114–328—DEC. 23, 2016

(i) link payments to health care providers under

the TRICARE program to improved performance with

respect to quality, cost, and reducing the provision

of inappropriate care;

(ii) consider the characteristics of the population

of covered beneficiaries affected by the value-based

incentive program;

(iii) consider how the value-based incentive pro-

gram would affect the receipt of health care under

the TRICARE program by such covered beneficiaries;

(iv) establish or maintain an assurance that such

covered beneficiaries will have timely access to health

care during the operation of the value-based incentive

program;

(v) ensure that such covered beneficiaries do not

incur any additional costs by reason of the value-based

incentive program; and

(vi) consider such other factors as the Secretary

considers appropriate.

(B) S

COPE AND METRICS

.—With respect to a value-

based incentive program developed and implemented under

paragraph (1), the Secretary shall ensure that—

(i) the size, scope, and duration of the value-based

incentive program is reasonable in relation to the pur-

pose of the value-based incentive program; and

(ii) the value-based incentive program relies on

the core quality performance metrics adopted pursuant

to section 728.

(3) U

SE OF EXISTING MODELS

.—In developing a value-based

incentive program under paragraph (1), the Secretary may

adapt a value-based incentive program conducted by a

TRICARE managed care support contractor, the Centers for

Medicare & Medicaid Services, or any other Federal Govern-

ment, State government, or commercial health care program.

(b) T

RANSFER OF

ONTRACTING

ESPONSIBILITY

.—With respect

to the acquisition of any managed care support contracts under

the TRICARE program initiated after the date of the enactment

of this Act, the Secretary of Defense shall transfer contracting

responsibility for the solicitation and award of such contracts from

the Defense Health Agency to the Office of the Under Secretary

of Defense for Acquisition, Technology, and Logistics.

CQUISITION OF

ONTRACTS

.—

(1) S

TRATEGY

.—Not later than January 1, 2018, the Sec-

retary of Defense shall develop and implement a strategy to

ensure that managed care support contracts under the

TRICARE program entered into with private sector entities,

other than overseas medical support contracts—

(A) improve access to health care for covered bene-

ficiaries;

(B) improve health outcomes for covered beneficiaries;

covered beneficiaries;

(D) enhance the experience of covered beneficiaries

in receiving health care; and

(E) lower per capita costs to the Department of Defense

of health care provided to covered beneficiaries.

(2) A

PPLICABILITY OF STRATEGY

.—

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130 STAT. 2203 PUBLIC LAW 114–328—DEC. 23, 2016

(A) I

N GENERAL

.—The strategy required by paragraph

(1) shall apply to all managed care support contracts under

the TRICARE program entered into with private sector

entities.

(B) M

ODIFICATION OF CONTRACTS

.—Contracts entered

into prior to the implementation of the strategy required

by paragraph (1) shall be modified to ensure consistency

with such strategy.

(3) L

OCAL

REGIONAL

AND NATIONAL HEALTH PLANS

.—In

developing and implementing the strategy required by para-

graph (1), the Secretary shall ensure that local, regional, and

national health plans have an opportunity to participate in

the competition for managed care support contracts under the

TRICARE program.

(4) C

ONTINUOUS INNOVATION

.—The strategy required by

paragraph (1) shall include incentives for the incorporation

of innovative ideas and solutions into managed care support

contracts under the TRICARE program through the use of

teaming agreements, subcontracts, and other contracting

mechanisms that can be used to develop and continuously

refresh high-performing networks of health care providers at

the national, regional, and local level.

(5) E

LEMENTS OF STRATEGY

.—The strategy required by

paragraph (1) shall provide for the following with respect to

managed care support contracts under the TRICARE program:

(A) The maximization of flexibility in the design and

configuration of networks of individual and institutional

health care providers, including a focus on the development

of high-performing networks of health care providers.

(B) The establishment of an integrated medical

management system between military medical treatment

facilities and health care providers in the private sector

that, when appropriate, effectively coordinates and

integrates health care across the continuum of care.

(i) the maximization of the use of such services

to provide real-time interactive communications

between patients and health care providers and remote

patient monitoring; and

(ii) the use of standardized payment methods to

reimburse health care providers for the provision of

such services.

(D) The use of value-based reimbursement methodolo-

gies, including through the use of value-based incentive

programs under subsection (a), that transfer financial risk

to health care providers and managed care support contrac-

tors.

(E) The use of financial incentives for contractors and

health care providers to receive an equitable share in the

cost savings to the Department resulting from improvement

in health outcomes for covered beneficiaries and the experi-

ence of covered beneficiaries in receiving health care.

(F) The use of incentives that emphasize prevention

and wellness for covered beneficiaries receiving health care

services from private sector entities to seek such services

from high-value health care providers.

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130 STAT. 2204 PUBLIC LAW 114–328—DEC. 23, 2016

(G) The adoption of a streamlined process for enroll-

ment of covered beneficiaries to receive health care and

timely assignment of primary care managers to covered

beneficiaries.

(H) The elimination of the requirement for a referral

to be authorized prior receiving specialty care services at

a facility of the Department of Defense or through the

TRICARE program.

(I) The use of incentives to encourage covered bene-

ficiaries to participate in medical and lifestyle intervention

programs.

(6) R

URAL

REMOTE

AND ISOLATED AREAS

.—In developing

and implementing the strategy required by paragraph (1), the

Secretary shall—

(A) assess the unique characteristics of providing

health care services in Alaska, Hawaii, and the territories

and possessions of the United States, and in rural, remote,

or isolated locations in the contiguous 48 States;

(B) consider the various challenges inherent in devel-

oping robust networks of health care providers in those

locations;

in those locations that ensures—

(i) timely access of covered beneficiaries to health

care services;

(ii) the delivery of high-quality primary and spe-

cialty care;

(iii) improvement in health outcomes for covered

beneficiaries; and

(iv) an enhanced experience of care for covered

beneficiaries; and

(D) ensure that managed care support contracts under

the TRICARE program in those locations will—

(i) establish individual and institutional provider

networks that will provide timely access to care for

covered beneficiaries, including pursuant to such net-

works relating to an Indian tribe or tribal organization

that is party to the Alaska Native Health Compact

with the Indian Health Service or has entered into

a contract with the Indian Health Service to provide

health care in rural Alaska or other locations in the

United States; and

(ii) deliver high-quality care, better health out-

comes, and a better experience of care for covered

beneficiaries.

(d) R

EPORT

RIOR TO

ERTAIN

ONTRACT

ODIFICATIONS

.—

Not later than 60 days before the date on which the Secretary

of Defense first modifies a contract awarded under chapter 55

of title 10, United States Code, to implement a value-based incentive

program under subsection (a), or the managed care support contract

acquisition strategy under subsection (c), the Secretary shall submit

to the Committees on Armed Services of the Senate and the House

of Representatives a report on any implementation plan of the

Secretary with respect to such value-based incentive program or

managed care support contract acquisition strategy.

(e) C

OMPTROLLER

ENERAL

EPORT

.—

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130 STAT. 2205 PUBLIC LAW 114–328—DEC. 23, 2016

(1) I

N GENERAL

.—Not later than 180 days after the date

on which the Secretary submits the report under subsection

(d), the Comptroller General of the United States shall submit

to the Committees on Armed Services of the Senate and the

House of Representatives a report that assesses the compliance

of the Secretary of Defense with the requirements of subsection

(a) and subsection (c).

(2) E

LEMENTS

.—The report required by paragraph (1) shall

include an assessment of the following:

(A) Whether the approach of the Department of

Defense for acquiring managed care support contracts

under the TRICARE program—

(i) improves access to care;

(ii) improves health outcomes;

(iii) improves the experience of care for covered

beneficiaries; and

(iv) lowers per capita health care costs.

(B) Whether the Department has, in its requirements

for managed care support contracts under the TRICARE

program, allowed for—

(i) maximum flexibility in network design and

development;

(ii) integrated medical management between mili-

tary medical treatment facilities and network pro-

viders;

(iii) the maximum use of the full range of tele-

health services;

(iv) the use of value-based reimbursement methods

that transfer financial risk to health care providers

and managed care support contractors;

(v) the use of prevention and wellness incentives

to encourage covered beneficiaries to seek health care

services from high-value providers;

(vi) a streamlined enrollment process and timely

assignment of primary care managers;

(vii) the elimination of the requirement to seek

authorization for referrals for specialty care services;

(viii) the use of incentives to encourage covered

beneficiaries to engage in medical and lifestyle inter-

vention programs; and

(ix) the use of financial incentives for contractors

and health care providers to receive an equitable share

in cost savings resulting from improvements in health

outcomes and the experience of care for covered bene-

ficiaries.

oping requirements for managed care support contracts

under the TRICARE program, the following:

(i) The unique characteristics of providing health

care services in Alaska, Hawaii, and the territories

and possessions of the United States, and in rural,

remote, or isolated locations in the contiguous 48

States;

(ii) The various challenges inherent in developing

robust networks of health care providers in those loca-

tions.

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130 STAT. 2206 PUBLIC LAW 114–328—DEC. 23, 2016

(iii) A provider reimbursement rate structure in

those locations that ensures—

(I) timely access of covered beneficiaries to

health care services;

(II) the delivery of high-quality primary and

specialty care;

(III) improvement in health outcomes for cov-

ered beneficiaries; and

(IV) an enhanced experience of care for covered

beneficiaries.

(f) D

EFINITIONS

.—In this section:

(1) The terms ‘‘covered beneficiary’’ and ‘‘TRICARE pro-

gram’’ have the meaning given those terms in section 1072

of title 10, United States Code.

(2) The term ‘‘high-performing networks of health care

providers’’ means networks of health care providers that, in

addition to such other requirements as the Secretary of Defense

may specify for purposes of this section, do the following:

(A) Deliver high quality health care as measured by

leading health quality measurement organizations such as

the National Committee for Quality Assurance and the

Agency for Healthcare Research and Quality.

(B) Achieve greater efficiency in the delivery of health

care by identifying and implementing within such network

improvement opportunities that guide patients through the

entire continuum of care, thereby reducing variations in

the delivery of health care and preventing medical errors

and duplication of medical services.

a team approach to deliver case management, prevention,

and wellness services to high-need and high-cost patients.

(D) Focus on preventive care that emphasizes—

(i) early detection and timely treatment of disease;

(ii) periodic health screenings; and

(iii) education regarding healthy lifestyle behav-

iors.

(E) Coordinate and integrate health care across the

continuum of care, connecting all aspects of the health

care received by the patient, including the patient’s health

care team.

(F) Facilitate access to health care providers,

including—

(i) after-hours care;

(ii) urgent care; and

(iii) through telehealth appointments, when appro-

priate.

(G) Encourage patients to participate in making health

care decisions.

(H) Use evidence-based treatment protocols that

improve the consistency of health care and eliminate

ineffective, wasteful health care practices.

SEC. 706. ESTABLISHMENT OF HIGH PERFORMANCE MILITARY-

CIVILIAN INTEGRATED HEALTH DELIVERY SYSTEMS.

(a) I

ENERAL

.—Not later than January 1, 2018, the Secretary

of Defense shall establish military-civilian integrated health

10 USC 1096

note.

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130 STAT. 2207 PUBLIC LAW 114–328—DEC. 23, 2016

delivery systems through partnerships with other health systems,

including local or regional health systems in the private sector—

(1) to improve access to health care for covered bene-

ficiaries;

(2) to enhance the experience of covered beneficiaries in

receiving health care;

(3) to improve health outcomes for covered beneficiaries;

(4) to share resources between the Department of Defense

and the private sector, including such staff, equipment, and

training assets as may be required to carry out such integrated

health delivery systems;

(5) to maintain services within military treatment facilities

that are essential for the maintenance of operational medical

force readiness skills of health care providers of the Depart-

ment; and

(6) to provide members of the Armed Forces with additional

training opportunities to maintain such readiness skills.

(b) E

LEMENTS OF

YSTEMS

.—Each military-civilian integrated

health delivery system established under subsection (a) shall—

(1) deliver high quality health care as measured by leading

national health quality measurement organizations;

(2) achieve greater efficiency in the delivery of health care

by identifying and implementing within each such system

improvement opportunities that guide patients through the

entire continuum of care, thereby reducing variations in the

delivery of health care and preventing medical errors and

duplication of medical services;

(3) improve population-based health outcomes by using a

team approach to deliver case management, prevention, and

wellness services to high-need and high-cost patients;

(4) focus on preventive care that emphasizes—

(A) early detection and timely treatment of disease;

(B) periodic health screenings; and

(5) coordinate and integrate health care across the con-

tinuum of care, connecting all aspects of the health care

received by the patient, including the patient’s health care

team;

(6) facilitate access to health care providers, including—

(A) after-hours care;

(B) urgent care; and

priate;

(7) encourage patients to participate in making health care

decisions;

(8) use evidence-based treatment protocols that improve

the consistency of health care and eliminate ineffective, waste-

ful health care practices; and

(9) improve coordination of behavioral health services with

primary health care.

GREEMENTS

.—

(1) I

N GENERAL

.—In establishing military-civilian

integrated health delivery systems through partnerships under

subsection (a), the Secretary shall seek to enter into memoranda

of understanding or contracts between military treatment facili-

ties and health maintenance organizations, health care centers

of excellence, public or private academic medical institutions,

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130 STAT. 2208 PUBLIC LAW 114–328—DEC. 23, 2016

regional health organizations, integrated health systems,

accountable care organizations, and such other health systems

as the Secretary considers appropriate.

(2) P

RIVATE SECTOR CARE

.—Memoranda of understanding

and contracts entered into under paragraph (1) shall ensure

that covered beneficiaries are eligible to enroll in and receive

medical services under the private sector components of mili-

tary-civilian integrated health delivery systems established

under subsection (a).

(3) V

ALUE

BASED REIMBURSEMENT METHODOLOGIES

.—The

Secretary shall incorporate value-based reimbursement meth-

odologies, such as capitated payments, bundled payments, or

pay for performance, into memoranda of understanding and

contracts entered into under paragraph (1) to reimburse entities

for medical services provided to covered beneficiaries under

such memoranda of understanding and contracts.

(4) Q

UALITY OF CARE

.—Each memorandum of under-

standing or contract entered into under paragraph (1) shall

ensure that the quality of services received by covered bene-

ficiaries through a military-civilian integrated health delivery

system under such memorandum of understanding or contract

is at least comparable to the quality of services received by

covered beneficiaries from a military treatment facility.

(d) C

OVERED

ENEFICIARY

EFINED

.—In this section, the term

‘‘covered beneficiary’’ has the meaning given that term in section

1072 of title 10, United States Code.

SEC. 707. JOINT TRAUMA SYSTEM.

(a) P

LAN

.—

(1) I

N 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) I

MPLEMENTATION

.—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) E

LEMENTS

.—The Joint Trauma System described in sub-

section (a)(1) shall include the following elements:

(1) Serve as the reference body for all trauma care provided

across the military health system.

(2) Establish standards of care for trauma services provided

at military medical treatment facilities.

(3) Coordinate the translation of research from the centers

of excellence of the Department of Defense into standards of

clinical trauma care.

(4) Coordinate the incorporation of lessons learned from

the trauma education and training partnerships pursuant to

section 708 into clinical practice.

10 USC 1071

note.

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130 STAT. 2209 PUBLIC LAW 114–328—DEC. 23, 2016

EVIEW

.—Not later than 180 days after the date on which

the Secretary submits to the Committees on Armed Services of

the House of Representatives and the Senate the implementation

plan under subsection (a)(1), the Comptroller General of the United

States shall submit to such committees a review of such plan

to determine if each element under subsection (b) is included in

such plan.

(d) R

EVIEW OF

ILITARY

RAUMA

YSTEM

.—In establishing a

Joint Trauma System, the Secretary of Defense may seek to enter

into an agreement with a non-governmental entity with subject

matter experts to—

(1) conduct a system-wide review of the military trauma

system, including a comprehensive review of combat casualty

care and wartime trauma systems during the period beginning

on January 1, 2001, and ending on the date of the review,

including an assessment of lessons learned to improve combat

casualty care in future conflicts; and

(2) make publicly available a report containing such review

and recommendations to establish a comprehensive trauma

system for the Armed Forces.

SEC. 708. JOINT TRAUMA EDUCATION AND TRAINING DIRECTORATE.

(a) E

STABLISHMENT

.—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) D

UTIES

.—The duties of the Directorate are as follows:

(1) To enter into and coordinate the partnerships under

subsection (c).

(2) To establish the goals of such partnerships necessary

for trauma teams led by traumatologists to maintain profes-

sional competency in trauma care.

(3) To establish metrics for measuring the performance

of such partnerships in achieving such goals.

(4) To develop methods of data collection and analysis

for carrying out paragraph (3).

(5) To communicate and coordinate lessons learned from

such partnerships with the Joint Trauma System established

under section 707.

(6) To develop standardized combat casualty care instruc-

tion for all members of the Armed Forces, including the use

of standardized trauma training platforms.

(7) To develop a comprehensive trauma care registry to

compile relevant data from point of injury through rehabilita-

tion of members of the Armed Forces.

(8) To develop quality of care outcome measures for combat

casualty care.

(9) To direct the conduct of research on the leading causes

of morbidity and mortality of members of the Armed Forces

in combat.

ARTNERSHIPS

.—

(1) I

N GENERAL

.—The Secretary may enter into partner-

ships with civilian academic medical centers and large metro-

politan teaching hospitals that have level I civilian trauma

10 USC 1071

note.

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130 STAT. 2210 PUBLIC LAW 114–328—DEC. 23, 2016

centers to provide integrated combat trauma teams, including

forward surgical teams, with maximum exposure to a high

volume of patients with critical injuries.

(2) T

RAUMA TEAMS

.—Under the partnerships entered into

with civilian academic medical centers and large metropolitan

teaching hospitals under paragraph (1), trauma teams of the

Armed Forces led by traumatologists of the Armed Forces shall

embed within the trauma centers of the medical centers and

hospitals on an enduring basis.

(3) S

ELECTION

.—The Secretary shall select civilian aca-

demic medical centers and large metropolitan teaching hos-

pitals to enter into partnerships under paragraph (1) based

on patient volume, acuity, and other factors the Secretary deter-

mines necessary to ensure that the traumatologists of the

Armed Forces and the associated clinical support teams have

adequate and continuous exposure to critically injured patients.

(4) C

ONSIDERATION

.—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) P

ERSONNEL

ANAGEMENT

LAN

.—

(1) P

LAN

.—The Secretary shall establish a personnel

management plan for the following wartime medical specialties:

(A) Emergency medical services and prehospital care.

(B) Trauma surgery.

(D) Anesthesiology.

(E) Emergency medicine.

(F) Other wartime medical specialties the Secretary

determines appropriate for purposes of the plan.

(2) E

LEMENTS

.—The elements of the plan established under

paragraph (1) shall include, at a minimum, the following:

(A) An accession plan for the number of qualified med-

ical personnel to maintain wartime medical specialties on

an annual basis in order to maintain the required number

of trauma teams as determined by the Secretary.

(B) The number of positions required in each such

medical specialty.

for personnel in each such medical specialty.

(D) Career pathways for personnel in each such med-

ical specialty.

(3) I

MPLEMENTATION

.—The Secretaries of the military

departments shall carry out the plan established under para-

graph (1).

(e) I

MPLEMENTATION

LAN

.—Not later than July 1, 2017, the

Secretary of Defense shall submit to the Committees on Armed

Services of the House of Representatives and the Senate an

implementation plan for establishing the Joint Trauma Education

and Training Directorate under subsection (a), entering into part-

nerships under subsection (c), and establishing the plan under

subsection (d).

(f) L

EVEL

I C

IVILIAN

RAUMA

ENTER

EFINED

.—In this section,

the term ‘‘level I civilian trauma center’’ means a comprehensive

regional resource that is a tertiary care facility central to the

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130 STAT. 2211 PUBLIC LAW 114–328—DEC. 23, 2016

trauma system and is capable of providing total care for every

aspect of injury from prevention through rehabilitation.

SEC. 709. STANDARDIZED SYSTEM FOR SCHEDULING MEDICAL

APPOINTMENTS AT MILITARY TREATMENT FACILITIES.

(a) S

TANDARDIZED

YSTEM

.—

(1) I

N GENERAL

.—Not later than January 1, 2018, the Sec-

retary of Defense shall implement a system for scheduling

medical appointments at military treatment facilities that is

standardized throughout the military health system to enable

timely access to care for covered beneficiaries.

(2) L

ACK OF VARIANCE

.—The system implemented under

paragraph (1) shall ensure that the appointment scheduling

processes and procedures used within the military health

system do not vary among military treatment facilities.

(b) S

OLE

YSTEM

.—Upon implementation of the system under

subsection (a), no military treatment facility may use an appoint-

ment scheduling process other than such system.

CHEDULING OF

PPOINTMENTS

.—

(1) I

N GENERAL

.—Under the system implemented under

subsection (a), each military treatment facility shall use a cen-

tralized appointment scheduling capability for covered bene-

ficiaries that includes the ability to schedule appointments

manually via telephone as described in paragraph (2) or auto-

matically via a device that is connected to the Internet through

an online scheduling system described in paragraph (3).

(2) T

ELEPHONE APPOINTMENT PROCESS

.—

(A) I

N GENERAL

.—In the case of a covered beneficiary

who contacts a military treatment facility via telephone

to schedule an appointment under the system implemented

under subsection (a), the Secretary shall implement

standard processes to ensure that the needs of the covered

beneficiary are met during the first such telephone call.

(B) M

ATTERS INCLUDED

.—The standard processes

implemented under subparagraph (A) shall include the fol-

lowing:

(i) The ability of a covered beneficiary, during the

telephone call to schedule an appointment, to also

schedule wellness visits or follow-up appointments

during the 180-day period beginning on the date of

the request for the visit or appointment.

(ii) The ability of a covered beneficiary to indicate

the process through which the covered beneficiary pre-

fers to be reminded of future appointments, which

may include reminder telephone calls, emails, or cel-

lular text messages to the covered beneficiary at speci-

fied intervals prior to appointments.

(3) O

NLINE SYSTEM

.—

(A) I

N GENERAL

.—The Secretary shall implement an

online scheduling system that is available 24 hours per

day, seven days per week, for purposes of scheduling

appointments under the system implemented under sub-

section (a).

(B) C

APABILITIES OF ONLINE SYSTEM

.—The online

scheduling system implemented under subparagraph (A)

shall have the following capabilities:

10 USC 1071

note.

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130 STAT. 2212 PUBLIC LAW 114–328—DEC. 23, 2016

(i) An ability to send automated email and text

message reminders, including repeat reminders, to

patients regarding upcoming appointments.

(ii) An ability to store appointment records to

ensure rapid access by medical personnel to appoint-

ment data.

(d) S

TANDARDS FOR

RODUCTIVITY OF

EALTH

ARE

VIDERS

.—

(1) I

N GENERAL

.—The Secretary shall implement standards

for the productivity of health care providers at military treat-

ment facilities.

(2) M

ATTERS CONSIDERED

.—In developing standards under

paragraph (1), the Secretary shall consider—

(A) civilian benchmarks for measuring the productivity

of health care providers;

(B) the optimal number of medical appointments for

each health care provider that would be required, as deter-

mined by the Secretary, to maintain access of covered

beneficiaries to health care from the Department; and

(e) P

LAN

.—

(1) I

N GENERAL

.—Not later than January 1, 2017, the Sec-

retary shall submit to the Committees on Armed Services of

the Senate and the House of Representatives a comprehensive

plan to implement the system required under subsection (a).

(2) E

LEMENTS

.—The plan required under paragraph (1)

shall include the following:

(A) A description of the manual appointment process

to be used at military treatment facilities under the system

required under subsection (a).

(B) A description of the automated appointment process

to be used at military treatment facilities under such

system.

system throughout the military health system.

(f) B

RIEFING

.—Not later than February 1, 2018, the Secretary

shall brief the Committees on Armed Services of the Senate and

the House of Representatives on the implementation of the system

required under subsection (a) and the standards for the productivity

of health care providers required under subsection (d).

(g) R

EPORT ON

ISSED

PPOINTMENTS

.—

(1) I

N GENERAL

.—Not later than March 1 each year, the

Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a

report on the total number of medical appointments at military

treatment facilities for which a covered beneficiary failed to

appear without prior notification during the one-year period

preceding the submittal of the report.

(2) E

LEMENTS

.—Each report under paragraph (1) shall

include for each military treatment facility the following:

(A) An identification of the top five reasons for a cov-

ered beneficiary missing an appointment.

(B) A comparison of the number of missed appoint-

ments for specialty care versus primary care.

Defense of missed appointments.

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130 STAT. 2213 PUBLIC LAW 114–328—DEC. 23, 2016

(D) An assessment of strategies to reduce the number

of missed appointments.

(h) C

OVERED

ENEFICIARY

EFINED

.—In this section, the term

‘‘covered beneficiary’’ has the meaning given that term in section

1072 of title 10, United States Code.

Subtitle B—Other Health Care Benefits

SEC. 711. EXTENDED TRICARE PROGRAM COVERAGE FOR CERTAIN

MEMBERS OF THE NATIONAL GUARD AND DEPENDENTS

DURING CERTAIN DISASTER RESPONSE DUTY.

(a) I

ENERAL

.—Chapter 55 of title 10, United States Code,

is amended by inserting after section 1076e the following new

section:

‘‘§ 1076f. TRICARE program: extension of coverage for cer-

tain members of the National Guard and depend-

ents during certain disaster response duty

‘‘(a) E

XTENDED

OVERAGE

.—During a period in which a member

of the National Guard is performing disaster response duty, the

member may be treated as being on active duty for a period of

more than 30 days for purposes of the eligibility of the member

and dependents of the member for health care benefits under the

TRICARE program if such period immediately follows a period

in which the member served on full-time National Guard duty

under section 502(f) of title 32, including pursuant to chapter 9

of such title, unless the Governor of the State (or, with respect

to the District of Columbia, the mayor of the District of Columbia)

determines that such extended eligibility is not in the best interest

of the member or the State.

‘‘(b) C

ONTRIBUTION BY

TATE

.—(1) The Secretary shall charge

a State for the costs of providing coverage under the TRICARE

program to members of the National Guard of the State and the

dependents of the members pursuant to subsection (a). Such charges

shall be paid from the funds of the State or from any other non-

Federal funds.

‘‘(2) Any amounts received by the Secretary under paragraph

(1) shall be credited to the appropriation available for the Defense

Health Program Account under section 1100 of this title, shall

be merged with sums in such Account that are available for the

fiscal year in which collected, and shall be available under sub-

section (b) of such section, including to carry out subsection (a)

of this section.

‘‘(c) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘disaster response duty’ means duty per-

formed by a member of the National Guard in State status

pursuant to an emergency declaration by the Governor of the

State (or, with respect to the District of Columbia, the mayor

of the District of Columbia) in response to a disaster or in

preparation for an imminent disaster.

‘‘(2) The term ‘State’ means each of the several States,

the District of Columbia, the Commonwealth of Puerto Rico,

and any territory or possession of the United States.’’.

10 USC 1076f.

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130 STAT. 2214 PUBLIC LAW 114–328—DEC. 23, 2016

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of such chapter is amended by inserting after the item relating

to section 1076e the following new item:

‘‘1076f. TRICARE program: extension of coverage for certain members of the Na-

tional Guard and dependents during certain disaster response duty.’’.

SEC. 712. CONTINUITY OF HEALTH CARE COVERAGE FOR RESERVE

COMPONENTS.

(a) S

TUDY

.—

(1) I

N GENERAL

.—The Secretary of Defense shall conduct

a study of options for providing health care coverage that

improves the continuity of health care provided to current

and former members of the Selected Reserve of the Ready

Reserve who are not—

(A) serving on active duty;

(B) eligible for the Transitional Assistance Manage-

ment Program under section 1145 of title 10, United States

Code; or

Program.

(2) E

LEMENTS

.—The study under paragraph (1) shall

address the following:

(A) Whether to allow current and former members

of the Selected Reserve to participate in the Federal

Employees Health Benefit Program.

(B) Whether to pay a stipend to current and former

members to continue coverage in a health plan obtained

by the member.

to participate in the TRICARE program under section

1076d of title 10, United States Code.

(D) Whether to amend section 1076f of title 10, United

States Code, as added by section 711, to require the exten-

sion of TRICARE program coverage for members of the

National Guard assigned to Homeland Response Force

Units mobilized for a State emergency pursuant to chapter

9 of title 32, United States Code.

(E) The findings and recommendations under section

748.

(F) Any other options for providing health care cov-

erage to current and former members of the Selected

Reserve the Secretary considers appropriate.

(3) C

ONSULTATION

.—In carrying out the study under para-

graph (1), the Secretary shall consult with, and obtain the

opinions of, current and former members of the Selected

Reserve, including the leadership of the Selected Reserve.

(4) S

UBMISSION

.—

(A) R

EPORT

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary shall submit

to the congressional defense committees a report on the

study under paragraph (1).

(B) M

ATTERS INCLUDED

.—The report under subpara-

graph (A) shall include the following:

(i) A description of the health care coverage options

addressed by the Secretary under paragraph (2).

10 USC 1071

prec.

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130 STAT. 2215 PUBLIC LAW 114–328—DEC. 23, 2016

(ii) Identification of such health care coverage

option that the Secretary recommends as the best

option.

(iii) The justifications for such recommended best

option.

(iv) The number and proportion of the current

and former members of the Selected Reserve projected

to participate in such recommended best option.

(v) A determination of the appropriate cost sharing

for such recommended best option with respect to the

percentage contribution as a monthly premium for cur-

rent members of the Selected Reserve.

(vi) An estimate of the cost of implementing such

recommended best option.

(vii) Any legislative language required to imple-

ment such recommended best option.

(b) P

ILOT

ROGRAM

.—

(1) A

UTHORIZATION

.—The Secretary of Defense and the

Director may jointly carry out a pilot program, at the election

of the Secretary, under which the Director provides commercial

health insurance coverage to eligible reserve component mem-

bers who enroll in a health benefits plan under paragraph

(4) as an individual, for self plus one coverage, or for self

and family coverage.

(2) E

LEMENTS

.—The pilot program shall—

(A) provide for enrollment by eligible reserve compo-

nent members, at the election of the member, in a health

benefits plan under paragraph (4) during an open enroll-

ment period established by the Director for purposes of

this subsection;

(B) include a variety of national and regional health

benefits plans that—

(i) meet the requirements of this subsection;

(ii) are broadly representative of the health bene-

fits plans available in the commercial market; and

(iii) do not contain unnecessary restrictions, as

determined by the Director; and

in order to provide eligible reserve component beneficiaries

with an ample choice of health benefits plans, as deter-

mined by the Director.

(3) D

URATION

.—If the Secretary elects to carry out the

pilot program, the Secretary and the Director shall carry out

the pilot program for not less than five years.

(4) H

EALTH BENEFITS PLANS

.—

(A) I

N GENERAL

.—In providing health insurance cov-

erage under the pilot program, the Director shall contract

with qualified carriers for a variety of health benefits plans.

(B) D

ESCRIPTION OF PLANS

.—Health benefits plans con-

tracted for under this subsection—

(i) may vary by type of plan design, covered bene-

fits, geography, and price;

(ii) shall include maximum limitations on out-of-

pocket expenses paid by an eligible reserve component

beneficiary for the health care provided; and

(iii) may not exclude an eligible reserve component

member who chooses to enroll.

10 USC 1076d

note.

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130 STAT. 2216 PUBLIC LAW 114–328—DEC. 23, 2016

UALITY OF PLANS

.—The Director shall ensure that

each health benefits plan offered under this subsection

offers a high degree of quality, as determined by criteria

that include—

(i) access to an ample number of medical providers,

as determined by the Director;

(ii) adherence to industry-accepted quality

measurements, as determined by the Director;

(iii) access to benefits described in paragraph (5),

including ease of referral for health care services; and

(iv) inclusion in the services covered by the plan

of advancements in medical treatments and technology

as soon as practicable in accordance with generally

accepted standards of medicine.

(5) B

ENEFITS

.—A health benefits plan offered by the

Director under this subsection shall include, at a minimum,

the following benefits:

(A) The health care benefits provided under chapter

55 of title 10, United States Code, excluding pharma-

ceutical, dental, and extended health care option benefits.

(B) Such other benefits as the Director determines

appropriate.

(6) C

ARE AT FACILITIES OF UNIFORMED SERVICES

.—

(A) I

N GENERAL

.—If an eligible reserve component

beneficiary receives benefits described in paragraph (5)

at a facility of the uniformed services, the health benefits

plan under which the beneficiary is covered shall be treated

as a third-party payer under section 1095 of title 10, United

States Code, and shall pay charges for such benefits as

determined by the Secretary.

(B) M

ILITARY MEDICAL TREATMENT FACILITIES

.—The

Secretary, in consultation with the Director—

(i) may contract with qualified carriers with which

the Director has contracted under paragraph (4) to

provide health insurance coverage for health care serv-

ices provided at military treatment facilities under this

subsection; and

(ii) may receive payments under section 1095 of

title 10, United States Code, from qualified carriers

for health care services provided at military medical

treatment facilities under this subsection.

(7) S

PECIAL RULE RELATING TO ACTIVE DUTY PERIOD

.—

(A) I

N GENERAL

.—An eligible reserve component

member may not receive benefits under a health benefits

plan under this subsection during any period in which

the member is serving on active duty for more than 30

days.

(B) T

REATMENT OF DEPENDENTS

.—Subparagraph (A)

does not affect the coverage under a health benefits plan

of any dependent of an eligible reserve component member.

(8) E

LIGIBILITY FOR FEDERAL EMPLOYEES HEALTH BENEFITS

PROGRAM

.—An individual is not eligible to enroll in or be cov-

ered under a health benefits plan under this subsection if

the individual is eligible to enroll in a health benefits plan

under the Federal Employees Health Benefits Program.

(9) C

OST SHARING

.—

(A) R

ESPONSIBILITY FOR PAYMENT

.—

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130 STAT. 2217 PUBLIC LAW 114–328—DEC. 23, 2016

(i) I

N GENERAL

.—Except as provided in clause (ii),

an eligible reserve component member shall pay an

annual premium amount calculated under subpara-

graph (B) for coverage under a health benefits plan

under this subsection and additional amounts

described in subparagraph (C) for health care services

in connection with such coverage.

(ii) A

CTIVE DUTY PERIOD

.—

(I) I

N GENERAL

.—During any period in which

an eligible reserve component member is serving

on active duty for more than 30 days, the eligible

reserve component member is not responsible for

paying any premium amount under subparagraph

(B) or additional amounts under subparagraph (C).

(II) C

OVERAGE OF DEPENDENTS

.—With respect

to a dependent of an eligible reserve component

member that is covered under a health benefits

plan under this subsection, during any period

described in subclause (I) with respect to the

member, the Secretary shall, on behalf of the

dependent, pay 100 percent of the total annual

amount of a premium for coverage of the

dependent under the plan and such cost-sharing

amounts as may be applicable under the plan.

(B) P

REMIUM AMOUNT

.—

(i) I

N GENERAL

.—The annual premium calculated

under this subparagraph is an amount equal to 28

percent of the total annual amount of a premium under

the health benefits plan selected.

(ii) T

YPES OF COVERAGE

.—The premium amounts

calculated under this subparagraph shall include sepa-

rate calculations for—

(I) coverage as an individual;

(II) self plus one coverage; and

(III) self and family coverage.

DDITIONAL AMOUNTS

.—The additional amounts

described in this subparagraph with respect to an eligible

reserve component member are such cost-sharing amounts

as may be applicable under the health benefits plan under

which the member is covered.

(10) C

ONTRACTING

.—

(A) I

N GENERAL

.—In contracting for health benefits

plans under paragraph (4), the Director may contract with

qualified carriers in a manner similar to the manner in

which the Director contracts with carriers under section

8902 of title 5, United States Code, including that—

(i) a contract under this subsection shall be for

a uniform term of not less than one year, but may

be made automatically renewable from term to term

in the absence of notice of termination by either party;

(ii) a contract under this subsection shall contain

a detailed statement of benefits offered and shall

include such maximums, limitations, exclusions, and

other definitions of benefits determined by the Director

in accordance with paragraph (5);

(iii) a contract under this subsection shall ensure

that an eligible reserve component member who is

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130 STAT. 2218 PUBLIC LAW 114–328—DEC. 23, 2016

eligible to enroll in a health benefits plan pursuant

to such contract is able to enroll in such plan; and

(iv) the terms of a contract under this subsection

relating to the nature, provision, or extent of coverage

or benefits (including payments with respect to bene-

fits) shall supersede and preempt any conflicting State

or local law.

(B) E

VALUATION OF FINANCIAL SOLVENCY

.—The

Director shall perform a thorough evaluation of the finan-

cial solvency of an insurance carrier before entering into

a contract with the insurance carrier under subparagraph

(A).

(11) R

ECOMMENDATIONS AND DATA

.—

(A) I

N GENERAL

.—The Secretary of Defense, in con-

sultation with the Secretary of Homeland Security, shall

provide recommendations and data to the Director with

respect to—

(i) matters involving military medical treatment

facilities;

(ii) matters unique to eligible reserve component

members and dependents of such members; and

(iii) such other strategic guidance necessary for

the Director to administer this subsection as the Sec-

retary of Defense, in consultation with the Secretary

of Homeland Security, considers appropriate.

(B) L

IMITATION ON IMPLEMENTATION

.—The Director

shall not implement any recommendation provided by the

Secretary of Defense under subparagraph (A) if the Director

determines that the implementation of the recommendation

would result in eligible reserve components beneficiaries

receiving less generous health benefits under this sub-

section than the health benefits commonly available to

individuals under the Federal Employees Health Benefits

Program during the same period.

(12) T

RANSMISSION OF INFORMATION

.—On an annual basis

during each year in which the pilot program is carried out,

the Director shall provide the Secretary with information on

the use of health care benefits under the pilot program,

including—

(A) the number of eligible reserve component bene-

ficiaries participating in the pilot program, listed by the

health benefits plan under which the beneficiary is covered;

(B) the number of health benefits plans offered under

the pilot program and a description of each such plan;

and

plans.

(13) F

UNDING

.—

(A) I

N GENERAL

.—The Secretary of Defense and the

Director shall jointly establish an appropriate mechanism

to fund the pilot program.

(B) A

VAILABILITY OF AMOUNTS

.—Amounts shall be

made available to the Director pursuant to the mechanism

established under subparagraph (A), without fiscal year

limitation—

(i) for payments to health benefits plans under

this subsection; and

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130 STAT. 2219 PUBLIC LAW 114–328—DEC. 23, 2016

(ii) to pay the costs of administering this sub-

section.

(14) R

EPORTS

.—

(A) I

NITIAL REPORTS

.—Not later than one year after

the date on which the Secretary establishes the pilot pro-

gram, and annually thereafter for the following three years,

the Secretary shall submit to the Committees on Armed

Services of the Senate and the House of Representatives

a report on the pilot program.

(B) M

ATTERS INCLUDED

.—The report under subpara-

graph (A) shall include, with respect to the year covered

by the report, the following:

(i) The number of eligible reserve component bene-

ficiaries participating in the pilot program, listed by

the health benefits plan under which the beneficiary

is covered.

(ii) The number of health benefits plans offered

under the pilot program.

(iii) The cost of the pilot program to the Depart-

ment of Defense.

(iv) The estimated cost savings, if any, to the

Department of Defense.

(v) The average cost to the eligible reserve compo-

nent beneficiary.

(vi) The effect of the pilot program on the medical

readiness of the members of the reserve components.

(vii) The effect of the pilot program on access to

health care for members of the reserve components.

INAL REPORT

.—Not later than 180 days before

the date on which the pilot program will terminate pursu-

ant to paragraph (3), the Secretary shall submit to the

Committees on Armed Services of the Senate and the House

of Representatives a report on the pilot program that

includes—

(i) the matters specified under subparagraph (B);

and

(ii) the recommendation of the Secretary regarding

whether to make the pilot program permanent or to

terminate the pilot program.

EFINITIONS

.—In this section:

(1) The term ‘‘Director’’ means the Director of the Office

of Personnel Management.

(2) The term ‘‘eligible reserve component beneficiary’’

means an eligible reserve component member enrolled in, or

a dependent of such a member described in subparagraph (A),

(D), or (I) of section 1072(2) of title 10, United States Code,

covered under, a health benefits plan under subsection (b).

(3) The term ‘‘eligible reserve component member’’ means

a member of the Selected Reserve of the Ready Reserve of

an Armed Force.

(4) The term ‘‘extended health care option’’ means the

program of extended benefits under subsections (d) and (e)

of section 1079 of title 10, United States Code.

(5) The term ‘‘Federal Employees Health Benefits Program’’

means the health insurance program under chapter 89 of title

5, United States Code.

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130 STAT. 2220 PUBLIC LAW 114–328—DEC. 23, 2016

(6) The term ‘‘qualified carrier’’ means an insurance carrier

that is licensed to issue group health insurance in any State,

the District of Columbia, the Commonwealth of Puerto Rico,

the Commonwealth of the Northern Mariana Islands, Guam,

and any territory or possession of the United States.

SEC. 713. PROVISION OF HEARING AIDS TO DEPENDENTS OF RETIRED

MEMBERS.

Section 1077 of title 10, United States Code, is amended—

(1) in subsection (a)(16), by striking ‘‘A hearing aid’’ and

inserting ‘‘Except as provided by subsection (g), a hearing aid’’;

and

(2) by adding at the end the following new subsection:

‘‘(g) In addition to the authority to provide a hearing aid under

subsection (a)(16), hearing aids may be sold under this section

to dependents of former members of the uniformed services at

cost to the United States.’’.

SEC. 714. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS

FOR CERTAIN CONDITIONS UNDER THE TRICARE PRO-

GRAM.

(a) I

ENERAL

.—Section 1077 of title 10, United States Code,

as amended by section 713, is further amended—

(1) in subsection (a)—

(A) in paragraph (3), by inserting before the period

at the end the following: ‘‘, including, in accordance with

subsection (g), medically necessary vitamins’’; and

(B) by adding at the end the following new paragraph:

‘‘(18) In accordance with subsection (g), medically necessary

food and the medical equipment and supplies necessary to

administer such food (other than durable medical equipment

and supplies).’’; and

(2) by adding at the end the following new subsection:

‘‘(h)(1) Vitamins that may be provided under subsection (a)(3)

are vitamins used for the management of a covered disease or

condition pursuant to the prescription, order, or recommendation

(as applicable) of a physician or other health care professional

qualified to make such prescription, order, or recommendation.

‘‘(2) Medically necessary food that may be provided under sub-

section (a)(18)—

‘‘(A) is food, including a low protein modified food product

or an amino acid preparation product, that is—

‘‘(i) furnished pursuant to the prescription, order, or

recommendation (as applicable) of a physician or other

health care professional qualified to make such prescrip-

tion, order, or recommendation, for the dietary manage-

ment of a covered disease or condition;

‘‘(ii) a specially formulated and processed product (as

opposed to a naturally occurring foodstuff used in its nat-

ural state) for the partial or exclusive feeding of an indi-

vidual by means of oral intake or enteral feeding by tube;

‘‘(iii) intended for the dietary management of an indi-

vidual who, because of therapeutic or chronic medical

needs, has limited or impaired capacity to ingest, digest,

absorb, or metabolize ordinary foodstuffs or certain nutri-

ents, or who has other special medically determined

nutrient requirements, the dietary management of which

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130 STAT. 2221 PUBLIC LAW 114–328—DEC. 23, 2016

cannot be achieved by the modification of the normal diet

alone;

‘‘(iv) intended to be used under medical supervision,

which may include in a home setting; and

‘‘(v) intended only for an individual receiving active

and ongoing medical supervision under which the indi-

vidual requires medical care on a recurring basis for, among

other things, instructions on the use of the food; and

‘‘(B) may not include—

‘‘(i) food taken as part of an overall diet designed

to reduce the risk of a disease or medical condition or

as weight-loss products, even if the food is recommended

by a physician or other health care professional;

‘‘(ii) food marketed as gluten-free for the management

of celiac disease or non-celiac gluten sensitivity;

‘‘(iii) food marketed for the management of diabetes;

‘‘(iv) such other products as the Secretary determines

appropriate.

‘‘(3) In this subsection, the term ‘covered disease or condition’

means—

‘‘(A) inborn errors of metabolism;

‘‘(B) medical conditions of malabsorption;

‘‘(C) pathologies of the alimentary tract or the gastro-

intestinal tract;

‘‘(D) a neurological or physiological condition; and

‘‘(E) such other diseases or conditions the Secretary deter-

mines appropriate.’’.

(b) E

FFECTIVE

ATE

.—The amendments made by subsection

(a) shall apply to health care provided under chapter 55 of such

title on or after the date that is one year after the date of the

enactment of this Act.

SEC. 715. ELIGIBILITY OF CERTAIN BENEFICIARIES UNDER THE

TRICARE PROGRAM FOR PARTICIPATION IN THE FEDERAL

EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM.

(a) I

ENERAL

.—

(1) D

ENTAL BENEFITS

.—Section 8951 of title 5, United

States Code, is amended—

(A) in paragraph (3), by striking ‘‘paragraph (1) or

(2)’’ and inserting ‘‘paragraph (1), (2), or (8)’’; and

(B) by adding at the end the following new paragraph:

‘‘(8) The term ‘covered TRICARE-eligible individual’ means

an individual entitled to dental care under chapter 55 of title

10, pursuant to section 1076c of such title, who the Secretary

of Defense determines should be an eligible individual for pur-

poses of this chapter.’’.

(2) V

ISION BENEFITS

.—Section 8981 of title 5, United States

Code, is amended—

(A) in paragraph (3), by striking ‘‘paragraph (1) or

(2)’’ and inserting ‘‘paragraph (1), (2), or (8)’’; and

(B) by adding at the end the following new paragraph:

‘‘(8)(A) The term ‘covered TRICARE-eligible individual’—

‘‘(i) means an individual entitled to medical care under

chapter 55 of title 10, pursuant to section 1076d, 1076e,

1079(a), 1086(c), or 1086(d) of such title, who the Secretary

of Defense determines in accordance with an agreement

10 USC 1077

note.

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130 STAT. 2222 PUBLIC LAW 114–328—DEC. 23, 2016

entered into under subparagraph (B) should be an eligible

individual for purposes of this chapter; and

‘‘(ii) does not include an individual covered under sec-

tion 1110b of title 10.

‘‘(B) The Secretary of Defense shall enter into an agreement

with the Director of the Office relating to classes of individuals

described in subparagraph (A)(i) who should be eligible individ-

uals for purposes of this chapter.’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) D

ENTAL BENEFITS

.—Section 8958(c) of title 5, United

States Code, is amended—

(A) in paragraph (1), by striking ‘‘or’’ at the end;

(B) in paragraph (2), by striking the period at the

end and inserting a semicolon; and

‘‘(3) in the case of a covered TRICARE-eligible individual

who receives pay from the Federal Government or an annuity

from the Federal Government due to the death of a member

of the uniformed services (as defined in section 101 of title

10), and is not a former spouse of a member of the uniformed

services, be withheld from—

‘‘(A) the pay (including retired pay) of such individual;

‘‘(B) the annuity paid to such individual; or

‘‘(4) in the case of a covered TRICARE-eligible individual

who is not described in paragraph (3), be billed to such indi-

vidual directly.’’.

(2) V

ISION BENEFITS

.—Section 8988(c) of title 5, United

States Code, is amended—

(A) in paragraph (1), by striking ‘‘or’’ at the end;

(B) in paragraph (2), by striking the period at the

end and inserting a semicolon; and

‘‘(3) in the case of a covered TRICARE-eligible individual

who receives pay from the Federal Government or an annuity

from the Federal Government due to the death of a member

of the uniformed services (as defined in section 101 of title

10), and is not a former spouse of a member of the uniformed

services, be withheld from—

‘‘(A) the pay (including retired pay) of such individual;

‘‘(B) the annuity paid to such individual; or

‘‘(4) in the case of a covered TRICARE-eligible individual

who is not described in paragraph (3), be billed to such indi-

vidual directly.’’.

(3) P

LAN FOR DENTAL INSURANCE FOR CERTAIN RETIREES

SURVIVING SPOUSES

AND OTHER DEPENDENTS

.—Subsection (a)

of section 1076c of title 10, United States Code, is amended

to read as follows:

‘‘(a) R

EQUIREMENT FOR

LAN

.—(1) The Secretary of Defense

shall establish a dental insurance plan for retirees of the uniformed

services, certain unremarried surviving spouses, and dependents

in accordance with this section.

‘‘(2) The Secretary may satisfy the requirement under para-

graph (1) by entering into an agreement with the Director of the

Office of Personnel Management to allow persons described in sub-

section (b) to enroll in an insurance plan under chapter 89A of

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130 STAT. 2223 PUBLIC LAW 114–328—DEC. 23, 2016

title 5 that provides benefits similar to those benefits required

to be provided under subsection (d).’’.

PPLICABILITY

.—The amendments made by this section shall

apply with respect to the first contract year for chapter 89A or

89B of title 5, United States Code, as applicable, that begins on

or after January 1, 2018.

SEC. 716. APPLIED BEHAVIOR ANALYSIS.

(a) R

ATES OF

EIMBURSEMENT

.—

(1) I

N GENERAL

.—In furnishing applied behavior analysis

under the TRICARE program to individuals described in para-

graph (2) during the period beginning on the date of the enact-

ment of this Act and ending on December 31, 2018, the Sec-

retary of Defense shall ensure that the reimbursement rates

for providers of applied behavior analysis are not less than

the rates that were in effect on March 31, 2016.

(2) I

NDIVIDUALS DESCRIBED

.—Individuals described in this

paragraph are individuals who are covered beneficiaries by

reason of being a member or former member of the Army,

Navy, Air Force, or Marine Corps, including the reserve compo-

nents thereof, or a dependent of such a member or former

member.

(b) A

NALYSIS

.—

(1) I

N GENERAL

.—Upon the completion of the Department

of Defense Comprehensive Autism Care Demonstration, the

Assistant Secretary of Defense for Health Affairs shall conduct

an analysis to—

(A) use data gathered during the demonstration to

set future reimbursement rates for providers of applied

behavior analysis under the TRICARE program;

(B) review comparative commercial insurance claims

for purposes of setting such future rates, including by—

(i) conducting an analysis of the comparative total

of commercial insurance claims billed for applied

behavior analysis; and

(ii) reviewing any covered beneficiary limitations

on access to applied behavior analysis services at var-

ious military installations throughout the United

States; and

analysis under the demonstration has improved outcomes

for covered beneficiaries with autism spectrum disorder.

(2) S

UBMISSION

.—The Assistant Secretary shall submit to

the Committees on Armed Services of the Senate and the

House of Representatives the analysis conducted under para-

graph (1).

EFINITIONS

.—In this section, the terms ‘‘covered bene-

ficiary’’ and ‘‘TRICARE program’’ have the meaning given those

terms in section 1072 of title 10, United States Code.

SEC. 717. EVALUATION AND TREATMENT OF VETERANS AND CIVILIANS

AT MILITARY TREATMENT FACILITIES.

(a) I

ENERAL

.—The Secretary of Defense shall authorize

a veteran (in consultation with the Secretary of Veterans Affairs)

or civilian to be evaluated and treated at a military treatment

facility if the Secretary of Defense determines that—

10 USC 1071

note.

5 USC 8951 note.

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130 STAT. 2224 PUBLIC LAW 114–328—DEC. 23, 2016

(1) the evaluation and treatment of the individual is nec-

essary to attain the relevant mix and volume of medical case-

work required to maintain medical readiness skills and com-

petencies of health care providers at the facility;

(2) the health care providers at the facility have the com-

petencies, skills, and abilities required to treat the individual;

and

(3) the facility has available space, equipment, and mate-

rials to treat the individual.

(b) P

RIORITY OF

OVERED

ENEFICIARIES

.—The evaluation and

treatment of covered beneficiaries at military treatment facilities

shall be prioritized ahead of the evaluation and treatment of vet-

erans and civilians at such facilities under subsection (a).

EIMBURSEMENT FOR

REATMENT

.—

(1) C

IVILIANS

.—A military treatment facility that evaluates

or treats an individual (other than an individual described

in paragraph (2)) under subsection (a) shall bill the individual

and accept reimbursement from the individual or a third-party

payer (as that term is defined in section 1095(h) of title 10,

United States Code) on behalf of such individual for the costs

of any health care services provided to the individual under

such subsection.

(2) V

ETERANS

.—The Secretary of Defense shall enter into

a memorandum of agreement with the Secretary of Veterans

Affairs under which the Secretary of Veterans Affairs will pay

a military treatment facility using a prospective payment meth-

odology (including interagency transfers of funds or obligational

authority and similar transactions) for the costs of any health

care services provided at the facility under subsection (a) to

individuals eligible for such health care services from the

Department of Veterans Affairs.

(3) U

SE OF AMOUNTS

.—The Secretary of Defense shall make

available to a military treatment facility any amounts collected

by such facility under paragraph (1) or (2) for health care

services provided to an individual under subsection (a).

(d) C

OVERED

ENEFICIARY

EFINED

.—In this section, the term

‘‘covered beneficiary’’ has the meaning given that term in section

1072 of title 10, United States Code.

SEC. 718. ENHANCEMENT OF USE OF TELEHEALTH SERVICES IN MILI-

TARY HEALTH SYSTEM.

(a) I

NCORPORATION OF

ELEHEALTH

.—

(1) I

N GENERAL

.—Not later than 18 months after the date

of the enactment of this Act, the Secretary of Defense shall

incorporate, throughout the direct care and purchased care

components of the military health system, the use of telehealth

services, including mobile health applications—

(A) to improve access to primary care, urgent care,

behavioral health care, and specialty care;

(B) to perform health assessments;

vision;

(D) to monitor individual health outcomes of covered

beneficiaries with chronic diseases or conditions;

(E) to improve communication between health care

providers and patients; and

10 USC 1071

note.

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130 STAT. 2225 PUBLIC LAW 114–328—DEC. 23, 2016

(F) to reduce health care costs for covered beneficiaries

and the Department of Defense.

(2) T

YPES OF TELEHEALTH SERVICES

.—The telehealth serv-

ices required to be incorporated under paragraph (1) shall

include those telehealth services that—

(A) maximize the use of secure messaging between

health care providers and covered beneficiaries to improve

the access of covered beneficiaries to health care and reduce

the number of visits to medical facilities for health care

needs;

(B) allow covered beneficiaries to schedule appoint-

ments; and

ference, telephone or tablet applications, or home health

monitoring devices—

(i) to assess and evaluate disease signs and symp-

toms;

(ii) to diagnose diseases;

(iii) to supervise treatments; and

(iv) to monitor health outcomes.

(b) C

OVERAGE OF

TEMS OR

ERVICES

.—An item or service fur-

nished to a covered beneficiary via a telecommunications system

shall be covered under the TRICARE program to the same extent

as the item or service would be covered if furnished in the location

of the covered beneficiary.

EIMBURSEMENT

ATES FOR

ELEHEALTH

ERVICES

.—The

Secretary shall develop standardized payment methods to reimburse

health care providers for telehealth services provided to covered

beneficiaries in the purchased care component of the TRICARE

program, including by using reimbursement rates that incentivize

the provision of telehealth services.

(d) R

EDUCTION OR

LIMINATION OF

OPAYMENTS

.—The Sec-

retary shall reduce or eliminate, as the Secretary considers appro-

priate, copayments or cost shares for covered beneficiaries in connec-

tion with the receipt of telehealth services under the purchased

care component of the TRICARE program.

(e) R

EPORTS

.—

(1) I

NITIAL REPORT

.—

(A) I

N GENERAL

.—Not later than 180 days after the

date of the enactment of this Act, the Secretary shall

submit to the Committees on Armed Services of the Senate

and the House of Representatives a report describing the

full range of telehealth services to be available in the

direct care and purchased care components of the military

health system and the copayments and cost shares, if any,

associated with those services.

(B) R

EIMBURSEMENT PLAN

.—The report required under

subparagraph (A) shall include a plan to develop standard-

ized payment methods to reimburse health care providers

for telehealth services provided to covered beneficiaries

in the purchased care component of the TRICARE program,

as required under subsection (c).

(2) F

INAL REPORT

.—

(A) I

N GENERAL

.—Not later than three years after the

date on which the Secretary begins incorporating, through-

out the direct care and purchased care components of the

military health system, the use of telehealth services as

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130 STAT. 2226 PUBLIC LAW 114–328—DEC. 23, 2016

required under subsection (a), the Secretary shall submit

to the Committees on Armed Services of the Senate and

the House of Representatives a report describing the impact

made by the use of telehealth services, including mobile

health applications, to carry out the actions specified in

subparagraphs (A) through (F) of subsection (a)(1).

(B) E

LEMENTS

.—The report required under subpara-

graph (A) shall include an assessment of the following:

(i) The satisfaction of covered beneficiaries with

telehealth services furnished by the Department of

Defense.

(ii) The satisfaction of health care providers in

providing telehealth services furnished by the Depart-

ment.

(iii) The effect of telehealth services furnished by

the Department on the following:

(I) The ability of covered beneficiaries to access

health care services in the direct care and pur-

chased care components of the military health

system.

(II) The frequency of use of telehealth services

by covered beneficiaries.

(III) The productivity of health care providers

providing care furnished by the Department.

(IV) The reduction, if any, in the use by cov-

ered beneficiaries of health care services in mili-

tary treatment facilities or medical facilities in

the private sector.

(V) The number and types of appointments

for the receipt of telehealth services furnished by

the Department.

(VI) The savings, if any, realized by the

Department by furnishing telehealth services to

covered beneficiaries.

(f) R

EGULATIONS

.—

(1) I

NTERIM FINAL RULE

.—Not later than 180 days after

the date of the enactment of this Act, the Secretary shall

prescribe an interim final rule to implement this section.

(2) F

INAL RULE

.—Not later than 180 days after prescribing

the interim final rule under paragraph (1) and considering

public comments with respect to such interim final rule, the

Secretary shall prescribe a final rule to implement this section.

(3) O

BJECTIVES

.—The regulations prescribed under para-

graphs (1) and (2) shall accomplish the objectives set forth

in subsection (a) and ensure quality of care, patient safety,

and the integrity of the TRICARE program.

(g) D

EFINITIONS

.—In this section, the terms ‘‘covered bene-

ficiary’’ and ‘‘TRICARE program’’ have the meaning given those

terms in section 1072 of title 10, United States Code.

SEC. 719. AUTHORIZATION OF REIMBURSEMENT BY DEPARTMENT OF

DEFENSE TO ENTITIES CARRYING OUT STATE VACCINA-

TION PROGRAMS FOR COSTS OF VACCINES PROVIDED TO

COVERED BENEFICIARIES.

(a) R

EIMBURSEMENT

.—

10 USC 1074g

note.

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130 STAT. 2227 PUBLIC LAW 114–328—DEC. 23, 2016

(1) I

N GENERAL

.—The Secretary of Defense may reimburse

an amount determined under paragraph (2) to an entity car-

rying out a State vaccination program for the cost of vaccines

provided to covered beneficiaries through such program.

(2) A

MOUNT OF REIMBURSEMENT

.—

(A) I

N GENERAL

.—Except as provided in subparagraph

(B), the amount determined under this paragraph with

respect to a State vaccination program shall be the amount

assessed by the entity carrying out such program to pur-

chase vaccines provided to covered beneficiaries through

such program.

(B) L

IMITATION

.—The amount determined under this

paragraph to provide vaccines to covered beneficiaries

through a State vaccination program may not exceed the

amount that the Department would reimburse an entity

under the TRICARE program for providing vaccines to

the number of covered beneficiaries who were involved

in the applicable State vaccination program.

(b) D

EFINITIONS

.—In this section:

(1) C

OVERED BENEFICIARY

;

TRICARE PROGRAM

.—The terms

‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the

meanings given those terms in section 1072 of title 10, United

States Code.

(2) S

TATE VACCINATION PROGRAM

.—The term ‘‘State vac-

cination program’’ means a vaccination program that provides

vaccinations to individuals in a State and is carried out by

an entity (including an agency of the State) within the State.

Subtitle C—Health Care Administration

SEC. 721. AUTHORITY TO CONVERT MILITARY MEDICAL AND DENTAL

POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSI-

TIONS.

(a) L

IMITED

UTHORITY FOR

ONVERSION

.—

(1) A

UTHORITY

.—Chapter 49 of title 10, United States Code,

is amended by inserting after section 976 the following new

section:

‘‘§ 977. Conversion of military medical and dental positions

to civilian medical and dental positions: limitation

‘‘(a) P

ROCESS

.—The Secretary of Defense, in collaboration with

the Secretaries of the military departments, shall establish a process

to define the military medical and dental personnel requirements

necessary to meet operational medical force readiness requirements.

‘‘(b) R

EQUIREMENTS

ELATING TO

ONVERSION

.—A military

medical or dental position within the Department of Defense may

be converted to a civilian medical or dental position if the Secretary

determines that the position is not necessary to meet operational

medical force readiness requirements, as determined pursuant to

subsection (a).

‘‘(c) G

RADE OR

EVEL

ONVERTED

.—In carrying out a conversion

under subsection (b), the Secretary of Defense—

‘‘(1) shall convert the applicable military position to a

civilian position with a level of compensation commensurate

with the skills and experience necessary to carry out the duties

of such civilian position; and

10 USC 977.

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130 STAT. 2228 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) may not place any limitation on the grade or level

to which the military position is so converted.

‘‘(d) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘military medical or dental position’ means

a position for the performance of health care functions within

the armed forces held by a member of the armed forces.

‘‘(2) The term ‘civilian medical or dental position’ means

a position for the performance of health care functions within

the Department of Defense held by an employee of the Depart-

ment or of a contractor of the Department.

‘‘(3) The term ‘conversion’, with respect to a military med-

ical or dental position, means a change of the position to a

civilian medical or dental position, effective as of the date

of the manning authorization document of the military depart-

ment making the change (through a change in designation

from military to civilian in the document, the elimination of

the listing of the position as a military position in the document,

or through any other means indicating the change in the docu-

ment or otherwise).’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 49 of such title is amended by inserting

after the item relating to section 976 the following new item:

‘‘977. Conversion of military medical and dental positions to civilian medical and

dental positions: limitation.’’.

(3) E

FFECTIVE DATE OF CONVERSION AUTHORITY

.—The Sec-

retary of Defense may not carry out section 977(b) of title

10, United States Code, as added by paragraph (1), until the

date that is 180 days after the date on which the Secretary

submits the report under subsection (b).

(b) R

EPORT

.—Not later than 90 days after the date of the

enactment of this Act, the Secretary of Defense shall submit to

the Committees on Armed Services of the Senate and the House

of Representatives a report that includes the following:

(1) A description of the process established under section

977(a) of title 10, United States Code, as added by subsection

(a), to define the military medical and dental personnel require-

ments necessary to meet operational medical force readiness

requirements.

(2) A complete list, by position, of the military medical

and dental personnel requirements necessary to meet oper-

ational medical force readiness requirements.

ONFORMING

EPEAL

.—Section 721 of the National Defense

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122

Stat. 198; 10 U.S.C. 129c note) is repealed.

SEC. 722. PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE

MEDICAL CARE FOR THE COAST GUARD.

(a) I

ENERAL

.—Chapter 13 of title 14, United States Code,

is amended by adding at the end the following:

‘‘§ 520. Prospective payment of funds necessary to provide

medical care

‘‘(a) P

ROSPECTIVE

AYMENT

EQUIRED

.—In lieu of the

reimbursement required under section 1085 of title 10, the Secretary

of Homeland Security shall make a prospective payment to the

Secretary of Defense of an amount that represents the actuarial

valuation of treatment or care—

14 USC 520.

10 USC 977 note.

10 USC 971 prec.

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130 STAT. 2229 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(1) that the Department of Defense shall provide to mem-

bers of the Coast Guard, former members of the Coast Guard,

and dependents of such members and former members (other

than former members and dependents of former members who

are a Medicare-eligible beneficiary or for whom the payment

for treatment or care is made from the Medicare-Eligible

Retiree Health Care Fund) at facilities under the jurisdiction

of the Department of Defense or a military department; and

‘‘(2) for which a reimbursement would otherwise be made

under section 1085.

‘‘(b) A

MOUNT

.—The amount of the prospective payment under

subsection (a) shall be—

‘‘(1) in the case of treatment or care to be provided to

members of the Coast Guard and their dependents, derived

from amounts appropriated for the operating expenses of the

Coast Guard;

‘‘(2) in the case of treatment or care to be provided former

members of the Coast Guard and their dependents, derived

from amounts appropriated for retired pay;

‘‘(3) determined under procedures established by the Sec-

retary of Defense;

‘‘(4) paid during the fiscal year in which treatment or

care is provided; and

‘‘(5) subject to adjustment or reconciliation as the Secre-

taries determine appropriate during or promptly after such

fiscal year in cases in which the prospective payment is deter-

mined excessive or insufficient based on the services actually

provided.

‘‘(c) N

ROSPECTIVE

AYMENT

HEN

ERVICE IN

AVY

.—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) R

ELATIONSHIP TO

TRICARE.—This section shall not be

construed to require a payment for, or the prospective payment

of an amount that represents the value of, treatment or care pro-

vided under any TRICARE program.’’.

(b) C

LERICAL

MENDMENT

.—The analysis for chapter 13 of title

14, United States Code, is amended by adding at the end the

following:

‘‘520. Prospective payment of funds necessary to provide medical care.’’.

EPEAL

.—Section 217 of the Coast Guard Authorization

Act of 2016 (Public Law 114–120), as amended by section 3503,

and the item relating to that section in the table of contents in

section 2 of such Act, are repealed.

SEC. 723. REDUCTION OF ADMINISTRATIVE REQUIREMENTS RELATING

TO AUTOMATIC RENEWAL OF ENROLLMENTS IN TRICARE

PRIME.

Section 1097a(b) of title 10, United States Code, is amended—

(1) in paragraph (1), by striking ‘‘(1) An’’ and inserting

‘‘An’’; and

(2) by striking paragraph (2).

10 USC 1085

note.

10 USC 461 prec.

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130 STAT. 2230 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 724. MODIFICATION OF AUTHORITY OF UNIFORMED SERVICES

UNIVERSITY OF THE HEALTH SCIENCES TO INCLUDE

UNDERGRADUATE AND OTHER MEDICAL EDUCATION AND

TRAINING PROGRAMS.

(a) I

ENERAL

.—Section 2112(a) of title 10, United States

Code, is amended to read as follows:

‘‘(a)(1) There is established a Uniformed Services University

of the Health Sciences (in this chapter referred to as the ‘Univer-

sity’) with authority to grant appropriate certificates, certifications,

undergraduate degrees, and advanced degrees.

‘‘(2) The University shall be so organized as to graduate not

fewer than 100 medical students annually.

‘‘(3) The headquarters of the University shall be at a site

or sites selected by the Secretary of Defense within 25 miles of

the District of Columbia.’’.

(b) A

DMINISTRATION

.—Section 2113 of such title is amended—

(1) in subsection (d)—

(A) in the first sentence, by striking ‘‘located in or

near the District of Columbia’’;

(B) in the third sentence, by striking ‘‘in or near the

District of Columbia’’; and

(2) in subsection (e)(3), by inserting after ‘‘programs’’ the

following: ‘‘, including certificate, certification, and under-

graduate degree programs,’’.

EPEAL OF

XPIRED

ROVISION

.—Section 2112a of such title

is amended—

(1) by striking subsection (b); and

(2) in subsection (a), by striking ‘‘(a) C

LOSURE

ROHIB

ITED

.—’’.

SEC. 725. ADJUSTMENT OF MEDICAL SERVICES, PERSONNEL AUTHOR-

IZED STRENGTHS, AND INFRASTRUCTURE IN MILITARY

HEALTH SYSTEM TO MAINTAIN READINESS AND CORE

COMPETENCIES OF HEALTH CARE PROVIDERS.

(a) I

ENERAL

.—Except as provided by subsection (c), not

later than one year after the date of the enactment of this Act,

the Secretary of Defense shall implement measures to maintain

the critical wartime medical readiness skills and core competencies

of health care providers within the Armed Forces.

(b) M

EASURES

.—The measures under subsection (a) shall

include measures under which the Secretary ensures the following:

(1) Medical services provided through the military health

system at military medical treatment facilities—

(A) maintain the critical wartime medical readiness

skills and core competencies of health care providers within

the Armed Forces; and

(B) ensure the medical readiness of the Armed Forces.

(2) The authorized strengths for military and civilian per-

sonnel throughout the military health system—

(A) maintain the critical wartime medical readiness

skills and core competencies of health care providers within

the Armed Forces; and

(B) ensure the medical readiness of the Armed Forces.

(3) The infrastructure in the military health system,

including infrastructure of military medical treatment facili-

ties—

10 USC 1074

note.

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130 STAT. 2231 PUBLIC LAW 114–328—DEC. 23, 2016

(A) maintains the critical wartime medical readiness

skills and core competencies of health care providers within

the Armed Forces; and

(B) ensures the medical readiness of the Armed Forces.

(4) Any covered beneficiary who may be affected by the

measures implemented under subsection (a) will be able to

receive through the purchased care component of the TRICARE

program any medical services that will not be available to

such covered beneficiary at a military medical treatment facility

by reason of such measures.

XCEPTION

.—The Secretary is not required to implement

measures under subsection (a)(1) with respect to military medical

treatment facilities located in a foreign country if the Secretary

determines that providing medical services in addition to the med-

ical services described in such subsection is necessary to ensure

that covered beneficiaries located in that foreign country have access

to a similar level of care available to covered beneficiaries located

in the United States.

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘clinical and logistical capabilities’’ means

those capabilities relating to the provision of health care that

are necessary to accomplish operational requirements,

including—

(A) combat casualty care;

(B) medical response to and treatment of injuries sus-

tained from chemical, biological, radiological, nuclear, or

explosive incidents;

(D) aerospace medicine;

(E) undersea medicine;

(F) diagnosis, treatment, and rehabilitation of special-

ized medical conditions;

(G) diagnosis and treatment of diseases and injuries

that are not related to battle; and

(H) humanitarian assistance.

(2) The terms ‘‘covered beneficiary’’ and ‘‘TRICARE pro-

gram’’ have the meanings given those terms in section 1072

of title 10, United States Code.

(3) The term ‘‘critical wartime medical readiness skills

and core competencies’’ means those essential medical capabili-

ties, including clinical and logistical capabilities, that are—

(A) necessary to be maintained by health care providers

within the Armed Forces for national security purposes;

and

(B) vital to the provision of effective and timely health

care during contingency operations.

SEC. 726. PROGRAM TO ELIMINATE VARIABILITY IN HEALTH OUT-

COMES AND IMPROVE QUALITY OF HEALTH CARE SERV-

ICES DELIVERED IN MILITARY MEDICAL TREATMENT

FACILITIES.

(a) P

ROGRAM

.—Beginning not later than January 1, 2018, the

Secretary of Defense shall implement a program—

(1) to establish best practices for the delivery of health

care services for certain diseases or conditions at military med-

ical treatment facilities, as selected by the Secretary;

10 USC 1071

note.

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130 STAT. 2232 PUBLIC LAW 114–328—DEC. 23, 2016

(2) to incorporate such best practices into the daily oper-

ations of military medical treatment facilities selected by the

Secretary for purposes of the program, with priority in selection

given to facilities that provide specialty care; and

(3) to eliminate variability in health outcomes and to

improve the quality of health care services delivered at military

medical treatment facilities selected by the Secretary for pur-

poses of the program.

(b) U

SE OF

LINICAL

RACTICE

UIDELINES

.—In carrying out

the program under subsection (a), the Secretary shall develop,

implement, monitor, and update clinical practice guidelines

reflecting the best practices established under paragraph (1) of

such subsection.

EVELOPMENT

.—In developing the clinical practice guide-

lines under subsection (b), the Secretary shall ensure that such

development includes a baseline assessment of health care delivery

and outcomes at military medical treatment facilities to evaluate

and determine evidence-based best practices, within the direct care

component of the military health system and the private sector,

for treating the diseases or conditions selected by the Secretary

under subsection (a)(1).

(d) I

MPLEMENTATION

.—The Secretary shall implement the clin-

ical practice guidelines under subsection (b) in military medical

treatment facilities selected by the Secretary under subsection (a)(2)

using means determined appropriate by the Secretary, including

by communicating with the relevant health care providers of the

evidence upon which the guidelines are based and by providing

education and training on the most appropriate implementation

of the guidelines.

(e) M

ONITORING

.—The Secretary shall monitor the implementa-

tion of the clinical practice guidelines under subsection (b) using

appropriate means, including by monitoring the results in clinical

outcomes based on specific metrics included as part of the guide-

lines.

(f) U

PDATING

.—The Secretary shall periodically update the clin-

ical practice guidelines under subsection (b) based on the results

of monitoring conducted under subsection (e) and by continuously

assessing evidence-based best practices within the direct care

component of the military health system and the private sector.

(g) C

ONTINUOUS

YCLE

.—The Secretary shall establish a contin-

uous cycle of carrying out subsections (c) through (f) with respect

to the clinical practice guidelines established under subsection (a).

SEC. 727. ACQUISITION STRATEGY FOR HEALTH CARE PROFESSIONAL

STAFFING SERVICES.

(a) A

CQUISITION

TRATEGY

.—

(1) I

N GENERAL

.—The Secretary of Defense shall develop

and carry out a performance-based, strategic sourcing acquisi-

tion strategy with respect to entering into contracts for the

services of health care professional staff at military medical

treatment facilities located in a State.

(2) E

LEMENTS

.—The acquisition strategy under paragraph

(1) shall include the following:

(A) Except as provided by subparagraph (B), a require-

ment that all the military medical treatment facilities that

provide direct care use contracts described under paragraph

(1).

10 USC 1091

note.

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130 STAT. 2233 PUBLIC LAW 114–328—DEC. 23, 2016

(B) A process for a military medical treatment facility

to obtain a waiver of the requirement under subparagraph

(A) in order to use an acquisition strategy not described

in paragraph (1).

departments and the elements of the Department of

Defense in carrying out such strategy.

(D) Projection of the demand by covered beneficiaries

for health care services, including with respect to primary

care and expanded-hours urgent care services.

(E) Estimation of the workload gaps at military medical

treatment facilities for health care services, including with

respect to primary care and expanded-hours urgent care

services.

(F) Methods to analyze, using reliable and detailed

data covering the entire direct care component of the mili-

tary health system, the amount of funds expended on con-

tracts for the services of health care professional staff.

(G) Methods to identify opportunities to consolidate

requirements for such services and reduce cost.

(H) Methods to measure cost savings that are realized

by using such contracts instead of purchased care.

(I) Metrics to determine the effectiveness of such

strategy.

(J) Metrics to evaluate the success of the strategy

in achieving its objectives, including metrics to assess the

effects of the strategy on the timeliness of beneficiary access

to professional health care services in military medical

treatment facilities.

(K) Such other matters as the Secretary considers

appropriate.

(b) R

EPORT

.—Not later than July 1, 2017, the Secretary shall

submit to the Committees on Armed Services of the Senate and

the House of Representatives a report on the status of implementing

the acquisition strategy under paragraph (1) of subsection (a),

including how each element under subparagraphs (A) through (K)

of paragraph (2) of such subsection is being carried out.

EFINITIONS

.—In this section:

(1) The term ‘‘covered beneficiary’’ has the meaning given

that term in section 1072 of title 10, United States Code.

(2) The term ‘‘State’’ means the several States and the

District of Columbia.

(d) C

ONFORMING

EPEAL

.—Section 725 of the Carl Levin and

Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act

for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1091 note)

is repealed.

SEC. 728. ADOPTION OF CORE QUALITY PERFORMANCE METRICS.

(a) A

DOPTION

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall

adopt, to the extent appropriate, the core quality performance

metrics agreed upon by the Core Quality Measures Collabo-

rative for use by the military health system and in contracts

awarded to carry out the TRICARE program.

(2) C

ORE MEASURES

.—The core quality performance metrics

described in paragraph (1) shall include the following sets:

10 USC 1071

note.

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130 STAT. 2234 PUBLIC LAW 114–328—DEC. 23, 2016

(A) Accountable care organizations, patient centered

medical homes, and primary care.

(B) Cardiology.

(D) HIV and hepatitis C.

(E) Medical oncology.

(F) Obstetrics and gynecology.

(G) Orthopedics.

(H) Such other sets of core quality performance metrics

released by the Core Quality Measures Collaborative as

the Secretary considers appropriate.

(b) P

UBLICATION

.—

(1) O

NLINE AVAILABILITY

.—Section 1073b of title 10, United

States Code, is amended—

(A) in paragraph (1)—

(i) by striking ‘‘Not later than’’ and all that follows

through ‘‘2016, the Secretary’’ and inserting ‘‘The Sec-

retary’’; and

(ii) by adding at the end the following new sen-

tence: ‘‘Such data shall include the core quality

performance metrics adopted by the Secretary under

section 728 of the National Defense Authorization Act

for Fiscal Year 2017.’’; and

(B) in the section heading, by inserting ‘‘and publica-

tion of certain data’’ after ‘‘reports’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 55 of title 10, United States Code, is

amended by striking the item relating to section 1073b and

inserting the following:

‘‘1073b. Recurring reports and publication of certain data.’’.

EFINITIONS

.—In this section:

(1) The term ‘‘Core Quality Measures Collaborative’’ means

the collaboration between the Centers for Medicare & Medicaid

Services, major health insurance companies, national physician

organizations, and other entities to reach consensus on core

performance measures reported by health care providers.

(2) The term ‘‘TRICARE program’’ has the meaning given

that term in section 1072 of title 10, United States Code.

SEC. 729. IMPROVEMENT OF HEALTH OUTCOMES AND CONTROL OF

COSTS OF HEALTH CARE UNDER TRICARE PROGRAM

THROUGH PROGRAMS TO INVOLVE COVERED BENE-

FICIARIES.

(a) M

EDICAL

NTERVENTION

NCENTIVE

ROGRAM

.—

(1) I

N GENERAL

.—The Secretary of Defense shall establish

a program to incentivize covered beneficiaries to participate

in medical intervention programs established by the Secretary,

such as comprehensive disease management programs, that

may include lowering fees for enrollment in the TRICARE

program by a certain percentage or lowering copayment and

cost-share amounts for health care services during a particular

year for covered beneficiaries with chronic diseases or condi-

tions described in paragraph (2) who met participation mile-

stones, as determined by the Secretary, in the previous year

in such medical intervention programs.

10 USC 1073

note.

10 USC 1071

note.

10 USC 1071

prec.

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130 STAT. 2235 PUBLIC LAW 114–328—DEC. 23, 2016

(2) C

HRONIC DISEASES OR CONDITIONS DESCRIBED

.—Chronic

diseases or conditions described in this paragraph may include

diabetes, chronic obstructive pulmonary disease, asthma,

congestive heart failure, hypertension, history of stroke, coro-

nary artery disease, mood disorders, obesity, and such other

diseases or conditions as the Secretary determines appropriate.

(b) L

IFESTYLE

NTERVENTION

NCENTIVE

ROGRAM

.—The Sec-

retary shall establish a program to incentivize lifestyle interventions

for covered beneficiaries, such as smoking cessation and weight

reduction, that may include lowering fees for enrollment in the

TRICARE program by a certain percentage or lowering copayment

and cost share amounts for health care services during a particular

year for covered beneficiaries who met participation milestones,

as determined by the Secretary, in the previous year with respect

to such lifestyle interventions, such as quitting smoking or achieving

a lower body mass index by a certain percentage.

EALTHY

IFESTYLE

AINTENANCE

NCENTIVE

ROGRAM

.—

The Secretary shall establish a program to incentivize the mainte-

nance of a healthy lifestyle among covered beneficiaries, such as

exercise and weight maintenance, that may include lowering fees

for enrollment in the TRICARE program by a certain percentage

or lowering copayment and cost-share amounts for health care

services during a particular year for covered beneficiaries who met

participation milestones, as determined by the Secretary, in the

previous year with respect to the maintenance of a healthy lifestyle,

such as maintaining smoking cessation or maintaining a normal

body mass index.

(d) R

EPORT

.—

(1) I

N GENERAL

.—Not later than January 1, 2020, the Sec-

retary shall submit to the Committees on Armed Services of

the Senate and the House of Representatives a report on the

implementation of the programs established under subsections

(a), (b), and (c).

(2) E

LEMENTS

.—The report required by paragraph (1) shall

include the following:

(A) A detailed description of the programs implemented

under subsections (a), (b), and (c).

(B) An assessment of the impact of such programs

on—

(i) improving health outcomes for covered bene-

ficiaries; and

(ii) lowering per capita health care costs for the

Department of Defense.

(e) R

EGULATIONS

.—Not later than January 1, 2018, the Sec-

retary shall prescribe an interim final rule to carry out this section.

(f) D

EFINITIONS

.—In this section, the terms ‘‘covered bene-

ficiary’’ and ‘‘TRICARE program’’ have the meaning given those

terms in section 1072 of title 10, United States Code.

SEC. 730. ACCOUNTABILITY FOR THE PERFORMANCE OF THE MILI-

TARY HEALTH SYSTEM OF CERTAIN LEADERS WITHIN THE

SYSTEM.

(a) I

ENERAL

.—Commencing not later than 180 days after

the date of the enactment of this Act, the Secretary of Defense,

in consultation with the Secretaries of the military departments,

shall incorporate into the annual performance review of each mili-

tary and civilian leader in the military health system, as determined

10 USC 1071

note.

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130 STAT. 2236 PUBLIC LAW 114–328—DEC. 23, 2016

by the Secretary of Defense, measures of accountability for the

performance of the military health system described in subsection

(b).

(b) M

EASURES OF

CCOUNTABILITY FOR

ERFORMANCE

.—The

measures of accountability for the performance of the military

health system incorporated into the annual performance review

of an individual pursuant to this section shall include measures

to assess performance and assure accountability for the following:

(1) Quality of care.

(2) Access of beneficiaries to care.

(3) Improvement in health outcomes for beneficiaries.

(4) Patient safety.

(5) Such other matters as the Secretary of Defense, in

consultation with the Secretaries of the military departments,

considers appropriate.

EPORT ON

MPLEMENTATION

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall

submit to the Committees on Armed Services of the Senate

and the House of Representatives a report on the incorporation

of measures of accountability for the performance of the military

health system into the annual performance reviews of individ-

uals as required by this section.

(2) E

LEMENTS

.—The report required by paragraph (1) shall

include the following:

(A) A comprehensive plan for the use of measures

of accountability for performance in annual performance

reviews pursuant to this section as a means of assessing

and assuring accountability for the performance of the

military health system.

(B) The identification of each leadership position in

the military health system determined under subsection

(a) and a description of the specific measures of account-

ability for performance to be incorporated into the annual

performance reviews of each such position pursuant to

this section.

SEC. 731. ESTABLISHMENT OF ADVISORY COMMITTEES FOR MILITARY

TREATMENT FACILITIES.

(a) I

ENERAL

.—The Secretary of Defense shall establish,

under such regulations as the Secretary may prescribe, an advisory

committee for each military treatment facility.

(b) S

TATUS OF

ERTAIN

EMBERS OF

DVISORY

OMMITTEES

.—

A member of an advisory committee established under subsection

(a) who is not a member of the Armed Forces on active duty

or an employee of the Federal Government shall, with the approval

of the commanding officer or director of the military treatment

facility concerned, be treated as a volunteer under section 1588

of title 10, United States Code, in carrying out the duties of the

member under this section.

UTIES

.—Each advisory committee established under sub-

section (a) for a military treatment facility shall provide to the

commanding officer or director of such facility advice on the

administration and activities of such facility as it relates to the

experience of care for beneficiaries at such facility.

10 USC 1071

note.

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130 STAT. 2237 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle D—Reports and Other Matters

SEC. 741. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF

DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL

FACILITY DEMONSTRATION FUND AND REPORT ON

IMPLEMENTATION OF INFORMATION TECHNOLOGY

CAPABILITIES.

(a) I

ENERAL

.—Section 1704(e) of the National Defense

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123

Stat. 2573), as amended by section 722 of the Carl Levin and

Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act

for Fiscal Year 2015 (Public Law 113–291) and section 723 of

the National Defense Authorization Act for Fiscal Year 2016 (Public

Law 114–92), is further amended by striking ‘‘September 30, 2017’’

and inserting ‘‘September 30, 2018’’.

(b) R

EPORT ON

MPLEMENTATION OF

NFORMATION

ECHNOLOGY

APABILITIES

.—Not later than March 30, 2017, the Secretary of

Defense shall submit to the Committees on Armed Services of

the Senate and the House of Representatives a report on plans

to implement all information technology capabilities required by

the executive agreement entered into under section 1701(a) of the

National Defense Authorization Act for Fiscal Year 2010 (Public

Law 111–84; 123 Stat. 2567) that remain unimplemented as of

the date of the report.

SEC. 742. PILOT PROGRAM ON EXPANSION OF USE OF PHYSICIAN

ASSISTANTS TO PROVIDE MENTAL HEALTH CARE TO MEM-

BERS OF THE ARMED FORCES.

(a) I

ENERAL

.—The Secretary of Defense may conduct a

pilot program to assess the feasibility and advisability of expanding

the use by the Department of Defense of physician assistants

specializing in psychiatric medicine at medical facilities of the

Department of Defense in order to meet the increasing demand

for mental health care providers at such facilities through the

use of a psychiatry fellowship program for physician assistants.

(b) R

EPORT ON

ILOT

ROGRAM

.—

(1) I

N GENERAL

.—If the Secretary conducts the pilot pro-

gram under this section, not later than 90 days after the

date on which the Secretary completes the conduct of the pilot

program, the Secretary shall submit to the Committees on

Armed Services of the Senate and the House of Representatives

a report on the pilot program.

(2) E

LEMENTS

.—The report submitted under paragraph (1)

shall include the following:

(A) A description of the implementation of the pilot

program, including a detailed description of the education

and training provided under the pilot program.

(B) An assessment of potential cost savings, if any,

to the Department of Defense resulting from the pilot pro-

gram.

of members of the Armed Forces to mental health care

resulting from the pilot program.

(D) A recommendation as to the feasibility and advis-

ability of extending or expanding the pilot program.

10 USC 1092

note.

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130 STAT. 2238 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 743. PILOT PROGRAM FOR PRESCRIPTION DRUG ACQUISITION

COST PARITY IN THE TRICARE PHARMACY BENEFITS PRO-

GRAM.

(a) A

UTHORITY TO

STABLISH

ILOT

ROGRAM

.—The Secretary

of Defense may conduct a pilot program to evaluate whether, in

carrying out the TRICARE pharmacy benefits program under sec-

tion 1074g of title 10, United States Code, extending additional

discounts for prescription drugs filled at retail pharmacies will

maintain or reduce prescription drug costs for the Department

of Defense.

(b) E

LEMENTS OF

ILOT

ROGRAM

.—In carrying out the pilot

program under subsection (a), the Secretary shall require that

for prescription medications, including non-generic maintenance

medications, that are dispensed to TRICARE beneficiaries that

are not Medicare eligible, through any TRICARE participating retail

pharmacy, including small business pharmacies, manufacturers

shall pay rebates such that those medications are available to

the Department at the lowest rate available. In addition to utilizing

the authority under section 1074g(f) of title 10, United States Code,

the Secretary shall have the authority to enter into a blanket

purchase agreement with prescription drug manufacturers for

supplemental discounts for prescription drugs dispensed in the pilot

to be paid in the form of manufacturer’s rebates.

ONSULTATION

.—The Secretary shall develop the pilot pro-

gram in consultation with—

(1) the Secretaries of the military departments;

(2) the Chief of the Pharmacy Operations Division of the

Defense Health Agency; and

(3) stakeholders, including TRICARE beneficiaries and

retail pharmacies.

(d) D

URATION OF

ILOT

ROGRAM

.—If the Secretary carries

out the pilot program under subsection (a), the Secretary shall

commence such pilot program no later than October 1, 2017, and

shall terminate such program no later than September 30, 2018.

(e) R

EPORTS

.—If the Secretary carries out the pilot program

under subsection (a), the Secretary of Defense shall submit to

the Committees on Armed Services of the Senate and the House

of Representatives reports on the pilot program as follows:

(1) Not later than 90 days after the date of the enactment

of this Act, a report containing an implementation plan for

the pilot program.

(2) Not later than 180 days after the date on which the

pilot program commences, an interim report on the pilot pro-

gram.

(3) Not later than 90 days after the date on which the

pilot program terminates, a final report describing the results

of the pilot program, including—

(A) any recommendations of the Secretary to expand

such program;

(B) an analysis of the changes in prescription drug

costs for the Department of Defense relating to the pilot

program;

to prescription drugs;

(D) a survey of beneficiary satisfaction with the pilot

program; and

10 USC 1074g

note.

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130 STAT. 2239 PUBLIC LAW 114–328—DEC. 23, 2016

(E) a summary of any fraud and abuse activities related

to the pilot and actions taken in response by the Depart-

ment.

SEC. 744. PILOT PROGRAM ON DISPLAY OF WAIT TIMES AT URGENT

CARE CLINICS AND PHARMACIES OF MILITARY MEDICAL

TREATMENT FACILITIES.

(a) P

ILOT

ROGRAM

UTHORIZED

.—Beginning not later than

one year after the date of the enactment of this Act, the Secretary

of Defense shall carry out a pilot program for the display of wait

times in urgent care clinics and pharmacies of military medical

treatment facilities selected under subsection (b).

(b) S

ELECTION OF

ACILITIES

.—

(1) C

ATEGORIES

.—The Secretary shall select not fewer than

four military medical treatment facilities from each of the fol-

lowing categories to participate in the pilot program:

(A) Medical centers.

(B) Hospitals.

(2) OCONUS

LOCATIONS

.—Of the military medical treat-

ment facilities selected under each category described in sub-

paragraphs (A) through (C) of paragraph (1), not fewer than

one shall be located outside of the continental United States.

(3) C

ONTRACTOR

OPERATED FACILITIES

.—The Secretary may

select Government-owned, contractor-operated facilities among

those military medical treatment facilities selected under para-

graph (1).

RGENT

ARE

LINICS

.—

(1) P

LACEMENT

.—With respect to each military medical

treatment facility participating in the pilot program with an

urgent care clinic, the Secretary shall place in a conspicuous

location at the urgent care clinic an electronic sign that displays

the current average wait time determined under paragraph

(2) for a patient to be seen by a qualified medical professional.

(2) D

ETERMINATION

.—In carrying out paragraph (1), every

30 minutes, the Secretary shall determine the average wait

time to display under such paragraph by calculating, for the

four-hour period preceding the calculation, the average length

of time beginning at the time of the arrival of a patient at

the urgent care clinic and ending at the time at which the

patient is first seen by a qualified medical professional.

(d) P

HARMACIES

.—

(1) P

LACEMENT

.—With respect to each military medical

treatment facility participating in the pilot program with a

pharmacy, the Secretary shall place in a conspicuous location

at the pharmacy an electronic sign that displays the current

average wait time to receive a filled prescription for a pharma-

ceutical agent.

(2) D

ETERMINATION

.—In carrying out paragraph (1), every

30 minutes, the Secretary shall determine the average wait

time to display under such paragraph by calculating, for the

four-hour period preceding the calculation, the average length

of time beginning at the time of submission by a patient of

a prescription for a pharmaceutical agent and ending at the

time at which the pharmacy dispenses the pharmaceutical

agent to the patient.

10 USC 1092

note.

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130 STAT. 2240 PUBLIC LAW 114–328—DEC. 23, 2016

(e) D

URATION

.—The Secretary shall carry out the pilot program

for a period that is not more than two years.

(f) R

EPORT

.—

(1) S

UBMISSION

.—Not later than 90 days after the comple-

tion of the pilot program, the Secretary shall submit to the

Committees on Armed Services of the House of Representatives

and the Senate a report on the pilot program.

(2) E

LEMENTS

.—The report under paragraph (1) shall

include—

(A) the costs for displaying the wait times under sub-

sections (c) and (d);

(B) any changes in patient satisfaction;

using urgent care and pharmacy services;

(D) any changes in pharmacy operations and produc-

tivity;

(E) a cost-benefit analysis of posting such wait times;

and

(F) the feasibility of expanding the posting of wait

times in emergency departments in military medical treat-

ment facilities.

(g) Q

UALIFIED

EDICAL

ROFESSIONAL

EFINED

.—In this sec-

tion, the term ‘‘qualified medical professional’’ means a doctor of

medicine, a doctor of osteopathy, a physician assistant, or an

advanced registered nurse practitioner.

SEC. 745. REQUIREMENT TO REVIEW AND MONITOR PRESCRIBING

PRACTICES AT MILITARY TREATMENT FACILITIES OF

PHARMACEUTICAL AGENTS FOR TREATMENT OF POST-

TRAUMATIC STRESS.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Defense shall—

(1) conduct a comprehensive review of the prescribing prac-

tices at military treatment facilities of pharmaceutical agents

for the treatment of post-traumatic stress;

(2) implement a process or processes to monitor the pre-

scribing practices at military treatment facilities of pharma-

ceutical agents that are discouraged from use under the VA/

DOD Clinical Practice Guideline for Management of Post-Trau-

matic Stress; and

(3) implement a plan to address any deviations from such

guideline in prescribing practices of pharmaceutical agents for

management of post-traumatic stress at such facilities.

(b) P

HARMACEUTICAL

GENT

EFINED

.—In this section, the term

‘‘pharmaceutical agent’’ has the meaning given that term in section

1074g(g) of title 10, United States Code.

SEC. 746. DEPARTMENT OF DEFENSE STUDY ON PREVENTING THE

DIVERSION OF OPIOID MEDICATIONS.

(a) S

TUDY

.—The Secretary of Defense shall conduct a study

on the feasibility and effectiveness in preventing the diversion

of opioid medications of the following measures:

(1) Requiring that, in appropriate cases, opioid medications

be dispensed in vials using affordable technologies designed

to prevent access to the medications by anyone other than

the intended patient, such as a vial with a locking-cap closure

mechanism.

10 USC 1074

note.

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130 STAT. 2241 PUBLIC LAW 114–328—DEC. 23, 2016

(2) Providing education on the risks of opioid medications

to individuals for whom such medications are prescribed, and

to their families, with special consideration given to raising

awareness among adolescents on such risks.

(b) B

RIEFING

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, the Secretary shall provide to

the Committees on Armed Services of the Senate and the

House of Representatives a briefing on the results of the study

conducted under subsection (a).

(2) E

LEMENTS

.—The briefing under paragraph (1) shall

include an assessment of the cost effectiveness of the measures

studied under subsection (a).

SEC. 747. INCORPORATION INTO SURVEY BY DEPARTMENT OF

DEFENSE OF QUESTIONS ON EXPERIENCES OF MEMBERS

OF THE ARMED FORCES WITH FAMILY PLANNING SERV-

ICES AND COUNSELING.

Not later than 90 days after the date of the enactment of

this Act, the Secretary of Defense shall initiate action to integrate

into the Health Related Behavior Survey of Active Duty Military

Personnel questions designed to obtain information on the experi-

ences of members of the Armed Forces—

(1) in accessing family planning services and counseling;

and

(2) in using family planning methods, including information

on which method was preferred and whether deployment condi-

tions affected the decision on which family planning method

or methods to be used.

SEC. 748. ASSESSMENT OF TRANSITION TO TRICARE PROGRAM BY

FAMILIES OF MEMBERS OF RESERVE COMPONENTS

CALLED TO ACTIVE DUTY AND ELIMINATION OF CERTAIN

CHARGES FOR SUCH FAMILIES.

(a) A

SSESSMENT OF

RANSITION TO

TRICARE P

ROGRAM

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall

complete an assessment of the extent to which families of

members of the reserve components of the Armed Forces serving

on active duty pursuant to a call or order to active duty for

a period of more than 30 days experience difficulties in

transitioning from health care arrangements relied upon when

the member is not in such an active duty status to health

care benefits under the TRICARE program.

(2) E

LEMENTS

.—The assessment under paragraph (1) shall

address the following:

(A) The extent to which family members of members

of the reserve components of the Armed Forces are required

to change health care providers when they become eligible

for health care benefits under the TRICARE program.

(B) The extent to which health care providers in the

private sector with whom such family members have estab-

lished relationships when not covered under the TRICARE

program are providers who—

(i) are in a preferred provider network under the

TRICARE program;

(ii) are participating providers under the TRICARE

program; or

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130 STAT. 2242 PUBLIC LAW 114–328—DEC. 23, 2016

(iii) will agree to treat covered beneficiaries at

a rate not to exceed 115 percent of the maximum

allowable charge under the TRICARE program.

encounter difficulties associated with a change in health

care claims administration, health care authorizations, or

other administrative matters when transitioning to health

care benefits under the TRICARE program.

(D) Any particular reasons for, or circumstances that

explain, the conditions described in subparagraphs (A), (B),

and (C).

(E) The effects of the conditions described in subpara-

graphs (A), (B), and (C) on the health care experience

of such family members.

(F) Recommendations for changes in policies and proce-

dures under the TRICARE program, or other administra-

tive action by the Secretary, to remedy or mitigate difficul-

ties faced by such family members in transitioning to health

care benefits under the TRICARE program.

(G) Recommendations for legislative action to remedy

or mitigate such difficulties.

(H) Such other matters as the Secretary determines

relevant to the assessment.

(3) R

EPORT

.—

(A) I

N GENERAL

.—Not later than 180 days after com-

pleting the assessment under paragraph (1), the Secretary

shall submit to the Committees on Armed Services of the

Senate and the House of Representatives a report detailing

the results of the assessment.

(B) A

NALYSIS OF RECOMMENDATIONS

.—The report

required by subparagraph (A) shall include an analysis

of each recommendation for legislative action addressed

under paragraph (2)(G), together with a cost estimate for

implementing each such action.

(b) E

XPANSION OF

UTHORITY

LIMINATE

ALANCE

ILLING

.—Section 1079(h)(4)(C)(ii) of title 10, United States Code,

is amended by striking ‘‘in support of a contingency operation

under a provision of law referred to in section 101(a)(13)(B) of

this title’’.

EFINITIONS

.—In this section, the terms ‘‘covered bene-

ficiary’’ and ‘‘TRICARE program’’ have the meanings given those

terms in section 1072 of title 10, United States Code.

SEC. 749. OVERSIGHT OF GRADUATE MEDICAL EDUCATION PROGRAMS

OF MILITARY DEPARTMENTS.

(a) P

ROCESS

.—Not later than one year after the date of the

enactment of this Act, the Secretary of Defense shall establish

and implement a process to provide oversight of the graduate med-

ical education programs of the military departments to ensure

that such programs fully support the operational medical force

readiness requirements for health care providers of the Armed

Forces and the medical readiness of the Armed Forces. The process

shall include the following:

(1) A process to review such programs to ensure, to the

extent practicable, that such programs are—

(A) conducted jointly among the military departments;

and

10 USC 1094a

note.

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130 STAT. 2243 PUBLIC LAW 114–328—DEC. 23, 2016

(B) focused on, and related to, operational medical

force readiness requirements.

(2) A process to minimize duplicative programs relating

to such programs among the military departments.

(3) A process to ensure that—

(A) assignments of faculty, support staff, and students

within such programs are coordinated among the military

departments; and

(B) the Secretary optimizes resources by using military

medical treatment facilities as training platforms when

and where most appropriate.

(4) A process to review and, if necessary, restructure or

realign, such programs to sustain and improve operational med-

ical force readiness.

(b) R

EPORT

.—Not later than 30 days after the date on which

the Secretary establishes the process under subsection (a), the

Secretary shall submit to the Committees on Armed Services of

the Senate and the House of Representatives a report that describes

such process. The report shall include a description of each graduate

medical education program of the military departments, categorized

by the following:

(1) Programs that provide direct support to operational

medical force readiness.

(2) Programs that provide indirect support to operational

medical force readiness.

(3) Academic programs that provide other medical support.

OMPTROLLER

ENERAL

EVIEW AND

EPORT

.—

(1) R

EVIEW

.—The Comptroller General of the United States

shall conduct a review of the process established under sub-

section (a), including with respect to each process described

in paragraphs (1) through (4) of such subsection.

(2) R

EPORT

.—Not later than 180 days after the date on

which the Secretary submits the report under subsection (b),

the Comptroller General shall submit to the Committees on

Armed Services of the Senate and the House of Representatives

the review conducted under paragraph (1), including an assess-

ment of the elements of the process established under sub-

section (a).

SEC. 750. STUDY ON HEALTH OF HELICOPTER AND TILTROTOR PILOTS.

(a) S

TUDY

EQUIRED

.—The Secretary of Defense shall carry

out a study of career helicopter and tiltrotor pilots to assess poten-

tial links between the operation of helicopter and tiltrotor aircraft

and acute and chronic medical conditions experienced by such pilots.

(b) E

LEMENTS

.—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

degree of acute and chronic medical conditions than the

control population.

(2) If a higher degree of acute and chronic medical condi-

tions is observed among such pilots, an explanation of—

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130 STAT. 2244 PUBLIC LAW 114–328—DEC. 23, 2016

(A) the specific causes of the conditions (such as whole

body vibration, seat and cockpit ergonomics, landing loads,

hard impacts, and pilot-worn gear); and

(B) any costs associated with treating the conditions

if the causes are not mitigated.

(3) A review of relevant scientific literature and prior

research.

(4) Such other information as the Secretary determines

to be appropriate.

URATION

.—The duration of the study under subsection

(a) shall be not more than two years.

(d) R

EPORT

.—Not later than 30 days after the completion of

the study under subsection (a), the Secretary shall submit to the

Committees on Armed Services of the Senate and the House of

Representatives a report on the study.

SEC. 751. COMPTROLLER GENERAL REPORTS ON HEALTH CARE

DELIVERY AND WASTE IN MILITARY HEALTH SYSTEM.

(a) I

ENERAL

.—Not later than one year after the date of

the enactment of this Act, and not less frequently than once each

year thereafter for four years, the Comptroller General of the United

States shall submit to the Committees on Armed Services of the

Senate and the House of Representatives a report assessing the

delivery of health care in the military health system, with an

emphasis on identifying potential waste and inefficiency.

(b) E

LEMENTS

.—

(1) I

N GENERAL

.—The reports submitted under subsection

(a) shall, within the direct and purchased care components

of the military health system, evaluate the following:

(A) Processes for ensuring that health care providers

adhere to clinical practice guidelines.

(B) Processes for reporting and resolving adverse med-

ical events.

fying and resolving medical fraud and waste.

(D) Processes for coordinating care within and between

the direct and purchased care components of the military

health system.

(E) Procedures for administering the TRICARE pro-

gram.

(F) Processes for assessing and overseeing the effi-

ciency of clinical operations of military hospitals and clinics,

including access to care for covered beneficiaries at such

facilities.

(2) A

DDITIONAL INFORMATION

.—The reports submitted

under subsection (a) may include, if the Comptroller General

considers feasible—

(A) an estimate of the costs to the Department of

Defense relating to any waste or inefficiency identified

in the report; and

(B) such recommendations for action by the Secretary

of Defense as the Comptroller General considers appro-

priate, including eliminating waste and inefficiency in the

direct and purchased care components of the military

health system.

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130 STAT. 2245 PUBLIC LAW 114–328—DEC. 23, 2016

EFINITIONS

.—In this section, the terms ‘‘covered bene-

ficiary’’ and ‘‘TRICARE program’’ have the meaning given those

terms in section 1072 of title 10, United States Code.

TITLE VIII—ACQUISITION POLICY, AC-

QUISITION MANAGEMENT, AND RE-

LATED MATTERS

Subtitle A—Acquisition Policy and Management

Sec. 801. Rapid acquisition authority amendments.

Sec. 802. Authority for temporary service of Principal Military Deputies to the As-

sistant Secretaries of the military departments for acquisition as Acting

Assistant Secretaries.

Sec. 803. Modernization of services acquisition.

Sec. 804. Defense Modernization Account amendments.

Subtitle B—Department of Defense Acquisition Agility

Sec. 805. Modular open system approach in development of major weapon systems.

Sec. 806. Development, prototyping, and deployment of weapon system components

or technology.

Sec. 807. Cost, schedule, and performance of major defense acquisition programs.

Sec. 808. Transparency in major defense acquisition programs.

Sec. 809. Amendments relating to technical data rights.

Subtitle C—Amendments to General Contracting Authorities, Procedures, and

Limitations

Sec. 811. Modified restrictions on undefinitized contractual actions.

Sec. 812. Amendments relating to inventory and tracking of purchases of services.

Sec. 813. Use of lowest price technically acceptable source selection process.

Sec. 814. Procurement of personal protective equipment.

Sec. 815. Amendments related to detection and avoidance of counterfeit electronic

parts.

Sec. 816. Amendments to special emergency procurement authority.

Sec. 817. Compliance with domestic source requirements for footwear furnished to

enlisted members of the Armed Forces upon their initial entry into the

Armed Forces.

Sec. 818. Extension of authority for enhanced transfer of technology developed at

Department of Defense laboratories.

Sec. 819. Modified notification requirement for exercise of waiver authority to ac-

quire vital national security capabilities.

Sec. 820. Defense cost accounting standards.

Sec. 821. Increased micro-purchase threshold applicable to Department of Defense

procurements.

Sec. 822. Enhanced competition requirements.

Sec. 823. Revision to effective date of senior executive benchmark compensation for

allowable cost limitations.

Sec. 824. Treatment of independent research and development costs on certain con-

tracts.

Sec. 825. Exception to requirement to include cost or price to the Government as

a factor in the evaluation of proposals for certain multiple-award task

or delivery order contracts.

Sec. 826. Extension of program for comprehensive small business contracting plans.

Sec. 827. Treatment of side-by-side testing of certain equipment, munitions, and

technologies manufactured and developed under cooperative research

and development agreements as use of competitive procedures.

Sec. 828. Defense Acquisition Challenge Program amendments.

Sec. 829. Preference for fixed-price contracts.

Sec. 830. Requirement to use firm fixed-price contracts for foreign military sales.

Sec. 831. Preference for performance-based contract payments.

Sec. 832. Contractor incentives to achieve savings and improve mission perform-

ance.

Sec. 833. Sunset and repeal of certain contracting provisions.

Sec. 834. Flexibility in contracting award program.

Sec. 835. Protection of task order competition.

Sec. 836. Contract closeout authority.

Sec. 837. Closeout of old Department of the Navy contracts.

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130 STAT. 2246 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle D—Provisions Relating to Major Defense Acquisition Programs

Sec. 841. Change in date of submission to Congress of Selected Acquisition Reports.

Sec. 842. Amendments relating to independent cost estimation and cost analysis.

Sec. 843. Revisions to Milestone B determinations.

Sec. 844. Review and report on sustainment planning in the acquisition process.

Sec. 845. Revision to distribution of annual report on operational test and evalua-

tion.

Sec. 846. Repeal of major automated information systems provisions.

Sec. 847. Revisions to definition of major defense acquisition program.

Sec. 848. Acquisition strategy.

Sec. 849. Improved life-cycle cost control.

Sec. 850. Authority to designate increments or blocks of items delivered under

major defense acquisition programs as major subprograms for purposes

of acquisition reporting.

Sec. 851. Reporting of small business participation on Department of Defense pro-

grams.

Sec. 852. Waiver of congressional notification for acquisition of tactical missiles and

munitions greater than quantity specified in law.

Sec. 853. Multiple program multiyear contract pilot demonstration program.

Sec. 854. Key performance parameter reduction pilot program.

Sec. 855. Mission integration management.

Subtitle E—Provisions Relating to Acquisition Workforce

Sec. 861. Project management.

Sec. 862. Authority to waive tenure requirement for program managers for pro-

gram definition and program execution periods.

Sec. 863. Purposes for which the Department of Defense Acquisition Workforce De-

velopment Fund may be used; advisory panel amendments.

Sec. 864. Department of Defense Acquisition Workforce Development Fund deter-

mination adjustment.

Sec. 865. Limitations on funds used for staff augmentation contracts at manage-

ment headquarters of the Department of Defense and the military de-

partments.

Sec. 866. Senior Military Acquisition Advisors in the Defense Acquisition Corps.

Sec. 867. Authority of the Secretary of Defense under the acquisition demonstration

project.

Subtitle F—Provisions Relating to Commercial Items

Sec. 871. Market research for determination of price reasonableness in acquisition

of commercial items.

Sec. 872. Value analysis for the determination of price reasonableness.

Sec. 873. Clarification of requirements relating to commercial item determinations.

Sec. 874. Inapplicability of certain laws and regulations to the acquisition of com-

mercial items and commercially available off-the-shelf items.

Sec. 875. Use of commercial or non-Government standards in lieu of military speci-

fications and standards.

Sec. 876. Preference for commercial services.

Sec. 877. Treatment of commingled items purchased by contractors as commercial

items.

Sec. 878. Treatment of services provided by nontraditional contractors as commer-

cial items.

Sec. 879. Defense pilot program for authority to acquire innovative commercial

items, technologies, and services using general solicitation competitive

procedures.

Sec. 880. Pilot programs for authority to acquire innovative commercial items using

general solicitation competitive procedures.

Subtitle G—Industrial Base Matters

Sec. 881. Greater integration of the national technology and industrial base.

Sec. 882. Integration of civil and military roles in attaining national technology and

industrial base objectives.

Sec. 883. Pilot program for distribution support and services for weapon systems

contractors.

Sec. 884. Nontraditional and small contractor innovation prototyping program.

Subtitle H—Other Matters

Sec. 885. Report on bid protests.

Sec. 886. Review and report on indefinite delivery contracts.

Sec. 887. Review and report on contractual flow-down provisions.

Sec. 888. Requirement and review relating to use of brand names or brand-name

or equivalent descriptions in solicitations.

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130 STAT. 2247 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 889. Inclusion of information on common grounds for sustaining bid protests

in annual Government Accountability Office reports to Congress.

Sec. 890. Study and report on contracts awarded to minority-owned and women-

owned businesses.

Sec. 891. Authority to provide reimbursable auditing services to certain non-De-

fense Agencies.

Sec. 892. Selection of service providers for auditing services and audit readiness

services.

Sec. 893. Amendments to contractor business system requirements.

Sec. 894. Improved management practices to reduce cost and improve performance

of certain Department of Defense organizations.

Sec. 895. Exemption from requirement for capital planning and investment control

for information technology equipment included as integral part of a

weapon or weapon system.

Sec. 896. Modifications to pilot program for streamlining awards for innovative

technology projects.

Sec. 897. Rapid prototyping funds for the military departments.

Sec. 898. Establishment of Panel on Department of Defense and AbilityOne Con-

tracting Oversight, Accountability, and Integrity; Defense Acquisition

University training.

Sec. 899. Coast Guard major acquisition programs.

Sec. 899A. Enhanced authority to acquire products and services produced in Africa

in support of certain activities.

Subtitle A—Acquisition Policy and

Management

SEC. 801. RAPID ACQUISITION AUTHORITY AMENDMENTS.

Section 806 of the Bob Stump National Defense Authorization

Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302

note) is amended—

(1) in subsection (a)(1)—

(A) in subparagraph (A), by striking ‘‘; or’’ and inserting

a semicolon;

(B) in subparagraph (B), by striking ‘‘; and’’ and

inserting ‘‘; or’’; and

graph:

‘‘(C) developed or procured under the rapid fielding or

rapid prototyping acquisition pathways under section 804 of

the National Defense Authorization Act for Fiscal Year 2016

(Public Law 114–92; 10 U.S.C. 2302 note); and’’;

(2) in subsection (b), by adding at the end the following

new paragraph:

‘‘(3) Specific procedures in accordance with the guidance

developed under section 804(a) of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114–92;

10 U.S.C. 2302 note).’’; and

(3) in subsection (c)—

(A) in paragraph (2)(A)—

(i) by striking ‘‘Whenever the Secretary’’ and

inserting ‘‘(i) Except as provided under clause (ii),

whenever the Secretary’’; and

(ii) by adding at the end the following new clause:

‘‘(ii) Clause (i) does not apply to acquisitions initiated in

the case of a determination by the Secretary that funds are

necessary to immediately initiate a project under the rapid

fielding or rapid prototyping acquisition pathways under section

804 of the National Defense Authorization Act for Fiscal Year

2016 (Public Law 114–92; 10 U.S.C. 2302 note) if the designated

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130 STAT. 2248 PUBLIC LAW 114–328—DEC. 23, 2016

official for acquisitions using such pathways is the service

acquisition executive.’’;

(B) in paragraph (3)—

(i) in subparagraph (A), by inserting ‘‘or upon the

Secretary making a determination that funds are nec-

essary to immediately initiate a project under the rapid

fielding or rapid prototyping acquisition pathways

under section 804 of the National Defense Authoriza-

tion Act for Fiscal Year 2016 (Public Law 114–92;

10 U.S.C. 2302 note) based on a compelling national

security need,’’ after ‘‘of paragraph (1),’’;

(ii) in subparagraph (B)—

(I) by striking ‘‘The authority’’ and inserting

‘‘Except as provided under subparagraph (C), the

authority’’;

(II) in clause (ii), by striking ‘‘; and’’ and

inserting a semicolon;

(III) in clause (iii), by striking the period at

the end and inserting ‘‘; and’’; and

(IV) by adding at the end the following new

clause:

‘‘(iv) in the case of a determination by the Secretary

that funds are necessary to immediately initiate a project

under the rapid fielding or rapid prototyping acquisition

pathways under section 804 of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114–

92; 10 U.S.C. 2302 note), in an amount not more than

$200,000,000 during any fiscal year.’’; and

(iii) by adding at the end the following new

subparagraph:

‘‘(C) For each of fiscal years 2017 and 2018, the limits

set forth in clauses (i) and (ii) of subparagraph (B) do not

apply to the exercise of authority under such clauses provided

that the total amount of supplies and associated support serv-

ices acquired as provided under such subparagraph does not

exceed $800,000,000 during such fiscal year.’’;

(i) by redesignating subparagraphs (C), (D), and

(E) as subparagraphs (D), (E), and (F), respectively;

and

(ii) by inserting after subparagraph (B) the fol-

lowing new subparagraph:

‘‘(C) In the case of a determination by the Secretary under

paragraph (3)(A) that funds are necessary to immediately ini-

tiate a project under the rapid fielding or rapid prototyping

acquisition pathways under section 804 of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114–92;

10 U.S.C. 2302 note), the Secretary shall notify the congres-

sional defense committees of the determination within 10 days

after the date of the use of such funds.’’; and

(D) in paragraph (5)—

(i) by striking ‘‘Any acquisition’’ and inserting ‘‘(A)

Any acquisition’’; and

(ii) by adding at the end the following new

subparagraph:

‘‘(B) Subparagraph (A) does not apply to acquisitions initi-

ated in the case of a determination by the Secretary that

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130 STAT. 2249 PUBLIC LAW 114–328—DEC. 23, 2016

funds are necessary to immediately initiate a project under

the rapid fielding or rapid prototyping acquisition pathways

under section 804 of the National Defense Authorization Act

for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note).’’.

SEC. 802. AUTHORITY FOR TEMPORARY SERVICE OF PRINCIPAL MILI-

TARY DEPUTIES TO THE ASSISTANT SECRETARIES OF THE

MILITARY DEPARTMENTS FOR ACQUISITION AS ACTING

ASSISTANT SECRETARIES.

(a) A

SSISTANT

ECRETARY OF THE

RMY FOR

CQUISITION

OGISTICS

AND

ECHNOLOGY

.—Section 3016(b)(5)(B) of title 10,

United States Code, is amended by adding at the end the following

new sentence: ‘‘In the event of a vacancy in the position of Assistant

Secretary of the Army for Acquisition, Logistics, and Technology,

the Principal Military Deputy may serve as Acting Assistant Sec-

retary for a period of not more than one year.’’.

(b) A

SSISTANT

ECRETARY OF THE

AVY FOR

ESEARCH

EVELOPMENT

AND

CQUISITION

.—Section 5016(b)(4)(B) of such

title is amended by adding at the end the following new sentence:

‘‘In the event of a vacancy in the position of Assistant Secretary

of the Navy for Research, Development, and Acquisition, the Prin-

cipal Military Deputy may serve as Acting Assistant Secretary

for a period of not more than one year.’’.

SSISTANT

ECRETARY OF THE

ORCE FOR

CQUISI

TION

.—Section 8016(b)(4)(B) of such title is amended by adding

at the end the following new sentence: ‘‘In the event of a vacancy

in the position of Assistant Secretary of the Air Force for Acquisi-

tion, the Principal Military Deputy may serve as Acting Assistant

Secretary for a period of not more than one year.’’.

SEC. 803. MODERNIZATION OF SERVICES ACQUISITION.

(a) R

EVIEW OF

ERVICES

CQUISITION

ATEGORIES

.—Not later

than 180 days after the date of the enactment of this Act, the

Secretary of Defense shall review and, if necessary, revise Depart-

ment of Defense Instruction 5000.74, dated January 5, 2016 (in

this section referred to as the ‘‘Acquisition of Services Instruction’’),

and other guidance pertaining to the acquisition of services. In

conducting the review, the Secretary shall examine—

(1) how the acquisition community should consider the

changing nature of the technology and professional services

markets, particularly the convergence of hardware and services;

and

(2) the services acquisition portfolio groups referenced in

the Acquisition of Services Instruction and other guidance in

order to ensure the portfolio groups are fully reflective of

changes to the technology and professional services market.

(b) G

UIDANCE

EGARDING

RAINING AND

EVELOPMENT OF THE

CQUISITION

ORKFORCE

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall

issue guidance addressing the training and development of

the Department of Defense workforce engaged in the procure-

ment of services, including those personnel not designated as

members of the acquisition workforce.

(2) I

DENTIFICATION OF TRAINING AND PROFESSIONAL

DEVELOPMENT OPPORTUNITIES AND ALTERNATIVES

.—The guid-

ance required under paragraph (1) shall identify training and

professional development opportunities and alternatives, not

10 USC 1741

note.

10 USC 2330

note.

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130 STAT. 2250 PUBLIC LAW 114–328—DEC. 23, 2016

limited to existing Department of Defense institutions, that

focus on and provide relevant training and professional develop-

ment in commercial business models and contracting.

(3) T

REATMENT OF TRAINING AND PROFESSIONAL DEVELOP

MENT

.—Any training and professional development provided

pursuant to this subsection outside Department of Defense

institutions shall be deemed to be equivalent to similar training

certified or provided by the Defense Acquisition University.

SEC. 804. DEFENSE MODERNIZATION ACCOUNT AMENDMENTS.

(a) F

UNDS

VAILABLE FOR

CCOUNT

.—Section 2216(b)(1) of title

10, United States Code, is amended by striking ‘‘commencing’’.

(b) T

RANSFERS TO

CCOUNT

.—Section 2216(c) of such title is

amended—

(1) in paragraph (1)(A)—

(A) by striking ‘‘or the Secretary of Defense with

respect to Defense-wide appropriations accounts’’ and

inserting ‘‘, or the Secretary of Defense with respect to

Defense-wide appropriations accounts,’’; and

(B) by striking ‘‘that Secretary’’ and inserting ‘‘the

Secretary concerned’’;

(2) in paragraph (1)(B)—

(A) by inserting after ‘‘following funds’’ the following:

‘‘that have been appropriated for fiscal years after fiscal

year 2016 and are’’;

(B) in clause (i)—

(i) by striking ‘‘for procurement’’ and inserting ‘‘for

new obligations’’;

(ii) by striking ‘‘a particular procurement’’ and

inserting ‘‘an acquisition program’’; and

(iii) by striking ‘‘that procurement’’ and inserting

‘‘that program’’;

(D) by redesignating clause (iii) as clause (ii);

(3) in paragraph (2)—

(A) by striking ‘‘, other than funds referred to in

subparagraph (B)(iii) of such paragraph,’’; and

(B) by striking ‘‘if—’’ and all that follows through ‘‘(B)

the balance of funds’’ and inserting ‘‘if the balance of funds’’;

(4) in paragraph (3)—

(A) by striking ‘‘credited to’’ both places it appears

and inserting ‘‘deposited in’’; and

(B) by inserting ‘‘and obligation’’ after ‘‘available for

transfer’’; and

(5) by striking paragraph (4).

UTHORIZED

SE OF

UNDS

.—Section 2216(d) of such title

is amended—

(1) in paragraph (1)—

(A) by striking ‘‘commencing’’; and

(B) by striking ‘‘Secretary of Defense’’ and inserting

‘‘Secretary concerned’’;

(2) in paragraph (2), by striking ‘‘a procurement program’’

and inserting ‘‘an acquisition program’’;

(3) by amending paragraph (3) to read as follows:

‘‘(3) For research, development, test, and evaluation, for

procurement, and for sustainment activities necessary for

paying costs of unforeseen contingencies that are approved

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130 STAT. 2251 PUBLIC LAW 114–328—DEC. 23, 2016

by the milestone decision authority concerned, that could pre-

vent an ongoing acquisition program from meeting critical

schedule or performance requirements.’’; and

(4) by inserting at the end the following new paragraph:

‘‘(4) For paying costs of changes to program requirements

or system configuration that are approved by the configuration

steering board for a major defense acquisition program.’’.

(d) L

IMITATIONS

.—Section 2216(e) of such title is amended—

(1) in paragraph (1), by striking ‘‘procurement program’’

both places it appears and inserting ‘‘acquisition program’’;

and

(2) in paragraph (2), by striking ‘‘authorized appropriations’’

and inserting ‘‘authorized appropriations, unless the procedures

for initiating a new start program are complied with’’.

(e) T

RANSFER OF

UNDS

.—Section 2216(f)(1) of such title is

amended by striking ‘‘Secretary of Defense’’ and inserting ‘‘Secretary

of a military department, or the Secretary of Defense with respect

to Defense-wide appropriations accounts,’’.

(f) A

VAILABILITY OF

UNDS BY

PPROPRIATION

.—Section 2216(g)

of such title is amended—

(1) by striking ‘‘in accordance with the provisions of appro-

priations Acts’’; and

(2) by adding at the end the following: ‘‘Funds deposited

in the Defense Modernization Account shall remain available

for obligation until the end of the third fiscal year that follows

the fiscal year in which the amounts are deposited in the

account.’’.

(g) S

ECRETARY TO

HROUGH

OMPTROLLER

.—Section

2216(h)(2) of such title is amended—

(1) by redesignating subparagraphs (A), (B), and (C) as

subparagraphs (B), (C), and (D), respectively;

(2) by inserting before subparagraph (B), as so redesig-

nated, the following new subparagraph (A):

‘‘(A) the establishment and management of subaccounts

for each of the military departments and Defense Agencies

concerned for the use of funds in the Defense Modernization

Account, consistent with each military department’s or

Defense Agency’s deposits in the Account;’’;

(3) in subparagraph (C), as so redesignated, by inserting

‘‘and subaccounts’’ after ‘‘Account’’; and

(4) in subparagraph (D), as so redesignated, by striking

‘‘subsection (c)(1)(B)(iii)’’ and inserting ‘‘subsection (c)(1)(B)(ii)’’.

(h) D

EFINITIONS

.—Paragraph (1) of section 2216(i) of such title

is amended to read as follows:

‘‘(1) The term ‘major defense acquisition program’ has the

meaning given the term in section 2430(a) of this title.’’.

(j) E

XPIRATION OF

UTHORITY

.—Section 2216(j)(1) of such title

is amended by striking ‘‘terminates at the close of September 30,

2006’’ and inserting ‘‘terminates at the close of September 30,

2022’’.

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130 STAT. 2252 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle B—Department of Defense

Acquisition Agility

SEC. 805. MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF

MAJOR WEAPON SYSTEMS.

(a) M

ODULAR

PEN

YSTEM

PPROACH

.—

(1) I

N GENERAL

.—Part IV of subtitle A of title 10, United

States Code, is amended by inserting after chapter 144A the

following new chapter:

‘‘CHAPTER 144B—WEAPON SYSTEMS DEVELOPMENT

AND RELATED MATTERS

‘‘Subchapter Sec.

‘‘I. Modular Open System Approach in Development of Weapon Sys-

tems .......................................................................................................... 2446a

‘‘II. Development, Prototyping, and Deployment of Weapon System

Components and Technology ............................................................ 2447a

‘‘III. Cost, Schedule, and Performance of Major Defense Acquisition

Programs ................................................................................................ 2448a

‘‘SUBCHAPTER I—MODULAR OPEN SYSTEM APPROACH IN

DEVELOPMENT OF WEAPON SYSTEMS

‘‘Sec.

‘‘2446a. Requirement for modular open system approach in major defense acquisi-

tion programs; definitions.

‘‘2446b. Requirement to address modular open system approach in program capa-

bilities development and acquisition weapon system design.

‘‘2446c. Requirements relating to availability of major system interfaces and sup-

port for modular open system approach.

‘‘§ 2446a. Requirement for modular open system approach

in major defense acquisition programs; definitions

‘‘(a) M

ODULAR

PEN

YSTEM

PPROACH

EQUIREMENT

.—A

major defense acquisition program that receives Milestone A or

Milestone B approval after January 1, 2019, shall be designed

and developed, to the maximum extent practicable, with a modular

open system approach to enable incremental development and

enhance competition, innovation, and interoperability.

‘‘(b) D

EFINITIONS

.—In this chapter:

‘‘(1) The term ‘modular open system approach’ means, with

respect to a major defense acquisition program, an integrated

business and technical strategy that—

‘‘(A) employs a modular design that uses major system

interfaces between a major system platform and a major

system component, between major system components, or

between major system platforms;

‘‘(B) is subjected to verification to ensure major system

interfaces comply with, if available and suitable, widely

supported and consensus-based standards;

‘‘(C) uses a system architecture that allows severable

major system components at the appropriate level to be

incrementally added, removed, or replaced throughout the

life cycle of a major system platform to afford opportunities

for enhanced competition and innovation while yielding—

‘‘(i) significant cost savings or avoidance;

‘‘(ii) schedule reduction;

10 USC 2446a.

10 USC 2446a

prec.

10 USC 2446a

prec.

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130 STAT. 2253 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(iii) opportunities for technical upgrades;

‘‘(iv) increased interoperability, including system

of systems interoperability and mission integration;

‘‘(v) other benefits during the sustainment phase

of a major weapon system; and

‘‘(D) complies with the technical data rights set forth

in section 2320 of this title.

‘‘(2) The term ‘major system platform’ means the highest

level structure of a major weapon system that is not physically

mounted or installed onto a higher level structure and on

which a major system component can be physically mounted

or installed.

‘‘(3) The term ‘major system component’—

‘‘(A) means a high level subsystem or assembly,

including hardware, software, or an integrated assembly

of both, that can be mounted or installed on a major system

platform through well-defined major system interfaces; and

‘‘(B) includes a subsystem or assembly that is likely

to have additional capability requirements, is likely to

change because of evolving technology or threat, is needed

for interoperability, facilitates incremental deployment of

capabilities, or is expected to be replaced by another major

system component.

‘‘(4) The term ‘major system interface’—

‘‘(A) means a shared boundary between a major system

platform and a major system component, between major

system components, or between major system platforms,

defined by various physical, logical, and functional

characteristics, such as electrical, mechanical, fluidic,

optical, radio frequency, data, networking, or software ele-

ments; and

‘‘(B) is characterized clearly in terms of form, function,

and the content that flows across the interface in order

to enable technological innovation, incremental improve-

ments, integration, and interoperability.

‘‘(5) The term ‘program capability document’ means, with

respect to a major defense acquisition program, a document

that specifies capability requirements for the program, such

as a capability development document or a capability production

document.

‘‘(6) The terms ‘program cost targets’ and ‘fielding target’

have the meanings provided in section 2448a(a) of this title.

‘‘(7) The term ‘major defense acquisition program’ has the

meaning provided in section 2430 of this title.

‘‘(8) The term ‘major weapon system’ has the meaning

provided in section 2379(f) of this title.

‘‘§ 2446b. Requirement to address modular open system

approach in program capabilities development

and acquisition weapon system design

‘‘(a) P

ROGRAM

APABILITY

OCUMENT

.—A program capability

document for a major defense acquisition program shall identify

and characterize—

‘‘(1) the extent to which requirements for system perform-

ance are likely to evolve during the life cycle of the system

10 USC 2446b.

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130 STAT. 2254 PUBLIC LAW 114–328—DEC. 23, 2016

because of evolving technology, threat, or interoperability needs;

and

‘‘(2) for requirements that are expected to evolve, the min-

imum acceptable capability that is necessary for initial oper-

ating capability of the major defense acquisition program.

‘‘(b) A

NALYSIS OF

LTERNATIVES

.—The Director of Cost Assess-

ment and Performance Evaluation, in formulating study guidance

for analyses of alternatives for major defense acquisition programs

and performing such analyses under section 139a(d)(4) of this title,

shall ensure that any such analysis for a major defense acquisition

program includes consideration of evolutionary acquisition, proto-

typing, and a modular open system approach.

‘‘(c) A

CQUISITION

TRATEGY

.—In the case of a major defense

acquisition program that uses a modular open system approach,

the acquisition strategy required under section 2431a of this title

shall—

‘‘(1) clearly describe the modular open system approach

to be used for the program;

‘‘(2) differentiate between the major system platform and

major system components being developed under the program,

as well as major system components developed outside the

program that will be integrated into the major defense acquisi-

tion program;

‘‘(3) clearly describe the evolution of major system compo-

nents that are anticipated to be added, removed, or replaced

in subsequent increments;

‘‘(4) identify additional major system components that may

be added later in the life cycle of the major system platform;

‘‘(5) clearly describe how intellectual property and related

issues, such as technical data deliverables, that are necessary

to support a modular open system approach, will be addressed;

and

‘‘(6) clearly describe the approach to systems integration

and systems-level configuration management to ensure mission

and information assurance.

‘‘(d) R

EQUEST FOR

ROPOSALS

.—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) M

ILESTONE

B.—A major defense acquisition program may

not receive Milestone B approval under section 2366b of this title

until the milestone decision authority determines in writing that—

‘‘(1) in the case of a program that uses a modular open

system approach—

‘‘(A) the program incorporates clearly defined major

system interfaces between the major system platform and

major system components, between major system compo-

nents, and between major system platforms;

‘‘(B) such major system interfaces are consistent with

the widely supported and consensus-based standards that

exist at the time of the milestone decision, unless such

standards are unavailable or unsuitable for particular

major system interfaces; and

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130 STAT. 2255 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(C) the Government has arranged to obtain appro-

priate and necessary intellectual property rights with

respect to such major system interfaces upon completion

of the development of the major system platform; or

‘‘(2) in the case of a program that does not use a modular

open system approach, that the use of a modular open system

approach is not practicable.

‘‘§ 2446c. Requirements relating to availability of major

system interfaces and support for modular open

system approach

‘‘The Secretary of each military department shall—

‘‘(1) coordinate with the other military departments, the

defense agencies, defense and other private sector entities,

national standards-setting organizations, and, when appro-

priate, with elements of the intelligence community with respect

to the specification, identification, development, and mainte-

nance of major system interfaces and standards for use in

major system platforms, where practicable;

‘‘(2) ensure that major system interfaces incorporate

commercial standards and other widely supported consensus-

based standards that are validated, published, and maintained

by recognized standards organizations to the maximum extent

practicable;

‘‘(3) ensure that sufficient systems engineering and develop-

ment expertise and resources are available to support the use

of a modular open system approach in requirements develop-

ment and acquisition program planning;

‘‘(4) ensure that necessary planning, programming, and

budgeting resources are provided to specify, identify, develop,

and sustain the modular open system approach, associated

major system interfaces, systems integration, and any addi-

tional program activities necessary to sustain innovation and

interoperability; and

‘‘(5) ensure that adequate training in the use of a modular

open system approach is provided to members of the require-

ments and acquisition workforce.’’.

(2) C

LERICAL AMENDMENT

.—The table of chapters for title

10, United States Code, is amended by adding after the item

relating to chapter 144A the following new item:

‘‘144B. Weapon Systems Development and Related Matters ...................2446a’’.

(3) C

ONFORMING AMENDMENT

.—Section 2366b(a)(3) of such

title is amended—

(A) by striking ‘‘and’’ at the end of subparagraph (K);

and

(B) by inserting after subparagraph (L) the following

new subparagraph:

‘‘(M) the requirements of section 2446b(e) of this title

are met; and’’.

(4) E

FFECTIVE DATE

.—Subchapter I of chapter 144B of title

10, United States Code, as added by paragraph (1), shall take

effect on January 1, 2017.

(b) R

EQUIREMENT TO

NCLUDE

ODULAR

PEN

YSTEM

PPROACH IN

ELECTED

CQUISITION

EPORTS

.—Section 2432(c)(1)

of such title is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (F);

10 USC 2446a

note.

10 USC 101 prec.,

2201 prec.

10 USC 2446c.

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130 STAT. 2256 PUBLIC LAW 114–328—DEC. 23, 2016

(2) by redesignating subparagraph (G) as subparagraph

(H); and

(3) by inserting after subparagraph (F) the following new

subparagraph (G):

‘‘(G) for each major defense acquisition program that

receives Milestone B approval after January 1, 2019, a brief

summary description of the key elements of the modular open

system approach as defined in section 2446a of this title or,

if a modular open system approach was not used, the rationale

for not using such an approach; and’’.

SEC. 806. DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF

WEAPON SYSTEM COMPONENTS OR TECHNOLOGY.

(a) D

EVELOPMENT

, P

ROTOTYPING

AND

EPLOYMENT OF

EAPON

YSTEM

OMPONENTS OR

ECHNOLOGY

.—

(1) I

N GENERAL

.—Chapter 144B of title 10, United States

Code, as added by section 805, is further amended by adding

at the end the following new subchapter:

‘‘SUBCHAPTER II—DEVELOPMENT, PROTOTYPING, AND DE-

PLOYMENT OF WEAPON SYSTEM COMPONENTS OR TECH-

NOLOGY

‘‘Sec.

‘‘2447a. Weapon system component or technology prototype projects: display of

budget information.

‘‘2447b. Weapon system component or technology prototype projects: oversight.

‘‘2447c. Requirements and limitations for weapon system component or technology

prototype projects.

‘‘2447d. Mechanisms to speed deployment of successful weapon system component

or technology prototypes.

‘‘2447e. Definition of weapon system component.

‘‘§ 2447a. Weapon system component or technology prototype

projects: display of budget information

‘‘(a) R

EQUIREMENTS FOR

UDGET

ISPLAY

.—In the defense

budget materials for any fiscal year after fiscal year 2017, the

Secretary of Defense shall, with respect to advanced component

development and prototype activities (within the research, develop-

ment, test, and evaluation budget), set forth the amounts requested

for each of the following:

‘‘(1) Acquisition programs of record.

‘‘(2) Development, prototyping, and experimentation of

weapon system components or other technologies, including

those based on commercial items and technologies, separate

from acquisition programs of record.

‘‘(3) Other budget line items as determined by the Secretary

of Defense.

‘‘(b) A

DDITIONAL

EQUIREMENTS

.—For purposes of subsection

(a)(2), the amounts requested for development, prototyping, and

experimentation of weapon system components or other technologies

shall be—

‘‘(1) structured into either capability, weapon system

component, or technology portfolios that reflect the priority

areas for prototype projects; and

‘‘(2) justified with general descriptions of the types of capa-

bility areas and technologies being funded or expected to be

funded during the fiscal year concerned.

10 USC 2447a.

10 USC 2447a

prec.

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130 STAT. 2257 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(c) D

EFINITIONS

.—In this section, the terms ‘budget’ and

‘defense budget materials’ have the meaning given those terms

in section 234 of this title.

‘‘§ 2447b. Weapon system component or technology prototype

projects: oversight

‘‘(a) E

STABLISHMENT

.—The Secretary of each military depart-

ment shall establish an oversight board or identify a similar existing

group of senior advisors for managing prototype projects for weapon

system components and other technologies and subsystems,

including the use of funds for such projects, within the military

department concerned.

‘‘(b) M

EMBERSHIP

.—Each oversight board shall be comprised

of senior officials with—

‘‘(1) expertise in requirements; research, development, test,

and evaluation; acquisition; sustainment; or other relevant

areas within the military department concerned;

‘‘(2) awareness of technology development activities and

opportunities in the Department of Defense, industry, and other

sources; and

‘‘(3) awareness of the component capability requirements

of major weapon systems, including scheduling and fielding

goals for such component capabilities.

‘‘(c) F

UNCTIONS

.—The functions of each oversight board are

as follows:

‘‘(1) To issue a strategic plan every three years that

prioritizes the capability and weapon system component port-

folio areas for conducting prototype projects, based on assess-

ments of—

‘‘(A) high priority warfighter needs;

‘‘(B) capability gaps or readiness issues with major

weapon systems;

‘‘(C) opportunities to incrementally integrate new

components into major weapon systems based on commer-

cial technology or science and technology efforts that are

expected to be sufficiently mature to prototype within three

years; and

‘‘(D) opportunities to reduce operation and support

costs of major weapon systems.

‘‘(2) To annually recommend funding levels for weapon

system component or technology development and prototype

projects across capability or weapon system component port-

folios.

‘‘(3) To annually recommend to the service acquisition

executive of the military department concerned specific weapon

system component or technology development and prototype

projects, subject to the requirements and limitations in section

2447c of this title.

‘‘(4) To ensure projects are managed by experts within

the Department of Defense who are knowledgeable in research,

development, test, and evaluation and who are aware of

opportunities for incremental deployment of component

capabilities and other technologies to major weapon systems

or directly to support warfighting capabilities.

‘‘(5) To ensure projects are conducted in a manner that

allows for appropriate experimentation and technology risk.

10 USC 2447b.

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130 STAT. 2258 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(6) To ensure projects have a plan for technology transition

of the prototype into a fielded system, program of record, or

operational use, as appropriate, upon successful achievement

of technical and project goals.

‘‘(7) To ensure necessary technical, contracting, and finan-

cial management resources are available to support each

project.

‘‘(8) To submit to the congressional defense committees

a semiannual notification that includes the following:

‘‘(A) each weapon system component or technology

prototype project initiated during the preceding six months,

including an explanation of each project and its required

funding.

‘‘(B) the results achieved from weapon system compo-

nent prototype and technology projects completed and

tested during the preceding six months.

‘‘§ 2447c. Requirements and limitations for weapon system

component or technology prototype projects

‘‘(a) L

IMITATION ON

ROTOTYPE

ROJECT

URATION

.—A proto-

type project shall be completed within two years of its initiation.

‘‘(b) M

ERIT

BASED

ELECTION

ROCESS

.—A prototype project

shall be selected by the service acquisition executive of the military

department concerned through a merit-based selection process that

identifies the most promising, innovative, and cost-effective proto-

types that address one or more of the elements set forth in sub-

section (c)(1) of section 2447b of this title and are expected to

be successfully demonstrated in a relevant environment.

‘‘(c) T

YPE OF

RANSACTION

.—Prototype projects shall be funded

through contracts, cooperative agreements, or other transactions.

‘‘(d) F

UNDING

IMIT

.—(1) Each prototype project may not exceed

a total amount of $10,000,000 (based on fiscal year 2017 constant

dollars), unless—

‘‘(A) the Secretary of the military department, or the Sec-

retary’s designee, approves a larger amount of funding for

the project, not to exceed $50,000,000; and

‘‘(B) the Secretary, or the Secretary’s designee, submits

to the congressional defense committees, within 30 days after

approval of such funding for the project, a notification that

includes—

‘‘(i) the project;

‘‘(ii) expected funding for the project; and

‘‘(iii) a statement of the anticipated outcome of the

project.

‘‘(2) The Secretary of Defense may adjust the amounts (and

the base fiscal year) provided in paragraph (1) on the basis of

Department of Defense escalation rates.

‘‘(e) R

ELATED

ROTOTYPE

UTHORITIES

.—Prototype projects that

exceed the duration and funding limits established in this section

shall be pursued under the rapid prototyping process established

by section 804 of the National Defense Authorization Act for Fiscal

Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note). In addition,

nothing in this subchapter shall affect the authority to carry out

prototype projects under section 2371b or any other section of

this title related to prototyping.

10 USC 2447c.

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130 STAT. 2259 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘§ 2447d. Mechanisms to speed deployment of successful

weapon system component or technology proto-

types

‘‘(a) S

ELECTION OF

ROTOTYPE

ROJECT FOR

RODUCTION AND

APID

IELDING

.—A weapon system component or technology proto-

type project may be selected by the service acquisition executive

of the military department concerned for a follow-on production

contract or other transaction without the use of competitive proce-

dures, notwithstanding the requirements of section 2304 of this

title, if—

‘‘(1) the follow-on production project addresses a high pri-

ority warfighter need or reduces the costs of a weapon system;

‘‘(2) competitive procedures were used for the selection

of parties for participation in the original prototype project;

‘‘(3) the participants in the original prototype project

successfully completed the requirements of the project; and

‘‘(4) a prototype of the system to be procured was dem-

onstrated in a relevant environment.

‘‘(b) S

PECIAL

RANSFER

UTHORITY

.—(1) The Secretary of a

military department may, as specified in advance by appropriations

Acts, transfer funds that remain available for obligation in procure-

ment appropriation accounts of the military department to fund

the low-rate initial production of the rapid fielding project until

required funding for full-rate production can be submitted and

approved through the regular budget process of the Department

of Defense.

‘‘(2) The funds transferred under this subsection to fund the

low-rate initial production of a rapid fielding project shall be for

a period not to exceed two years, the amount for such period

may not exceed $50,000,000, and the special transfer authority

provided in this subsection may not be used more than once to

fund procurement of a particular new or upgraded system.

‘‘(3) The special transfer authority provided in this subsection

is in addition to any other transfer authority available to the

Department of Defense.

‘‘(c) N

OTIFICATION TO

ONGRESS

.—Within 30 days after the

service acquisition executive of a military department selects a

weapon system component or technology project for a follow-on

production contract or other transaction, the service acquisition

executive shall notify the congressional defense committees of the

selection and provide a brief description of the rapid fielding project.

‘‘§ 2447e. Definition of weapon system component

‘‘In this subchapter, the term ‘weapon system component’ has

the meaning given the term ‘major system component’ in section

2446a of this title.’’.

(2) E

FFECTIVE DATE

.—Subchapter II of chapter 144B of

title 10, United States Code, as added by paragraph (1), shall

take effect on January 1, 2017.

(b) A

DDITION TO

EQUIREMENTS

EEDED

EFORE

ILESTONE

A A

PPROVAL

.—Section 2366a(b) of such title is amended—

(1) by striking ‘‘and’’ at the end of paragraph (7);

(2) by redesignating paragraph (8) as paragraph (9); and

(3) by inserting after paragraph (7) the following new para-

graph (8):

‘‘(8) that, with respect to a program initiated after January

1, 2019, technology shall be developed in the program (after

10 USC 2447a

note.

10 USC 2447e.

10 USC 2447d.

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130 STAT. 2260 PUBLIC LAW 114–328—DEC. 23, 2016

Milestone A approval) only if the milestone decision authority

determines with a high degree of confidence that such develop-

ment will not delay the fielding target of the program, or,

if the milestone decision authority does not make such deter-

mination for a major system component being developed under

the program, the milestone decision authority ensures that

the technology related to the major system component shall

be sufficiently matured and demonstrated in a relevant environ-

ment (after Milestone A approval) separate from the program

using the prototyping authorities in subchapter II of chapter

144B of this title or other authorities, as appropriate, and

have an effective plan for adoption or insertion by the relevant

program; and’’.

SEC. 807. COST, SCHEDULE, AND PERFORMANCE OF MAJOR DEFENSE

ACQUISITION PROGRAMS.

(a) C

OST

, S

CHEDULE

AND

ERFORMANCE OF

AJOR

EFENSE

CQUISITION

ROGRAMS

.—

(1) I

N GENERAL

.—Chapter 144B of title 10, United States

Code, as added by section 805, is amended by adding at the

end the following new subchapter:

‘‘SUBCHAPTER III—COST, SCHEDULE, AND PERFORMANCE

OF MAJOR DEFENSE ACQUISITION PROGRAMS

‘‘Sec.

‘‘2448a. Program cost, fielding, and performance goals in planning major defense ac-

quisition programs.

‘‘2448b. Independent technical risk assessments.

‘‘§ 2448a. Program cost, fielding, and performance goals in

planning major defense acquisition programs

‘‘(a) P

ROGRAM

OST AND

IELDING

ARGETS

.—(1) Before funds

are obligated for technology development, systems development,

or production of a major defense acquisition program, the Secretary

of Defense shall ensure, by establishing the goals described in

paragraph (2), that the milestone decision authority for the major

defense acquisition program approves a program that will—

‘‘(A) be affordable;

‘‘(B) incorporate program planning that anticipates the evo-

lution of capabilities to meet changing threats, technology inser-

tion, and interoperability; and

‘‘(C) be fielded when needed.

‘‘(2) The goals described in this paragraph are goals for—

‘‘(A) the procurement unit cost and sustainment cost

(referred to in this section as the ‘program cost targets’);

‘‘(B) the date for initial operational capability (referred

to in this section as the ‘fielding target’); and

‘‘(C) technology maturation, prototyping, and a modular

open system approach to evolve system capabilities and improve

interoperability.

‘‘(b) D

ELEGATION

.—The responsibilities of the Secretary of

Defense in subsection (a) may be delegated only to the Deputy

Secretary of Defense.

‘‘(c) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘procurement unit cost’ has the meaning

provided in section 2432(a)(2) of this title.

10 USC 2448a.

10 USC 2448a

prec.

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130 STAT. 2261 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) The term ‘initial capabilities document’ has the

meaning provided in section 2366a(d)(2) of this title.

‘‘§ 2448b. Independent technical risk assessments

‘‘(a) I

ENERAL

.—With respect to a major defense acquisition

program, the Secretary of Defense shall ensure that an independent

technical risk assessment is conducted—

‘‘(1) before any decision to grant Milestone A approval

for the program pursuant to section 2366a of this title, that

identifies critical technologies and manufacturing processes

that need to be matured; and

‘‘(2) before any decision to grant Milestone B approval

for the program pursuant to section 2366b of this title, any

decision to enter into low-rate initial production or full-rate

production, or at any other time considered appropriate by

the Secretary, that includes the identification of any critical

technologies or manufacturing processes that have not been

successfully demonstrated in a relevant environment.

‘‘(b) C

ATEGORIZATION OF

ECHNICAL

ISK

EVELS

.—The Sec-

retary shall issue guidance and a framework for categorizing the

degree of technical and manufacturing risk in a major defense

acquisition program.’’.

(2) E

FFECTIVE DATE

.—Subchapter III of chapter 144B of

title 10, United States Code, as added by paragraph (1), shall

apply with respect to major defense acquisition programs that

reach Milestone A after October 1, 2017.

(b) M

ODIFICATION OF

ILESTONE

ECISION

UTHORITY

.—Effec-

tive January 1, 2017, subsection (d) of section 2430 of title 10,

United States Code, as added by section 825(a) of the National

Defense Authorization Act for Fiscal Year 2016 (Public Law 114–

92; 129 Stat. 907), is amended—

(1) in paragraph (2)(A), by inserting ‘‘subject to paragraph

(5),’’ before ‘‘the Secretary determines’’; and

(2) by adding at the end the following new paragraph:

‘‘(5) The authority of the Secretary of Defense to designate

an alternative milestone decision authority for a program with

respect to which the Secretary determines that the program is

addressing a joint requirement, as set forth in paragraph (2)(A),

shall apply only for a major defense acquisition program that

reaches Milestone A after October 1, 2016, and before October

1, 2019.’’.

DHERENCE TO

EQUIREMENTS IN

AJOR

EFENSE

CQUISI

TION

ROGRAMS

.—Section 2547 of title 10, United States Code,

is amended—

(1) by redesignating subsections (b) and (c) as subsections

(2) by inserting after subsection (a) the following new sub-

section (b):

‘‘(b) A

DHERENCE TO

EQUIREMENTS IN

AJOR

EFENSE

CQUISI

TION

ROGRAMS

.—The Secretary of the military department con-

cerned shall ensure that the program capability document sup-

porting a Milestone B or subsequent decision for a major defense

acquisition program may not be approved until the chief of the

armed force concerned determines in writing that the requirements

in the document are necessary and realistic in relation to the

program cost and fielding targets established under section 2448a(a)

of this title.’’; and

10 USC 2430

note.

10 USC 2448a

note.

10 USC 2448b.

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130 STAT. 2262 PUBLIC LAW 114–328—DEC. 23, 2016

(3) by adding at the end of subsection (d), as so redesig-

nated, the following new paragraph:

‘‘(3) The term ‘program capability document’ has the

meaning provided in section 2446a(b)(5) of this title.’’.

(d) A

MENDMENT

ELATING TO

ETERMINATION

EQUIRED

EFORE

ILESTONE

A A

PPROVAL

.—Section 2366a(b)(4) of title 10,

United States Code, is amended by inserting after ‘‘areas of risk’’

the following: ‘‘, including risks determined by the identification

of critical technologies required under section 2448b(a)(1) of this

title or any other risk assessment’’.

(e) A

MENDMENT

ELATING TO

ERTIFICATION

EQUIRED

EFORE

ILESTONE

B A

PPROVAL

.—Section 2366b(a) of title 10, United States

Code, is amended—

(1) in paragraph (2), by striking ‘‘assessment by the Assist-

ant Secretary’’ and all that follows through ‘‘Test and Evalua-

tion’’ and inserting ‘‘technical risk assessment conducted under

section 2448b of this title’’; and

(2) in paragraph (3), as amended by section 805(a)(3)(B)—

(A) by striking ‘‘and’’ at the end of subparagraph (C);

(B) by redesignating subparagraphs (D) through (M)

as subparagraphs (E) through (N), respectively; and

new subparagraph (D):

‘‘(D) the estimated procurement unit cost for the pro-

gram and the estimated date for initial operational capa-

bility for the baseline description for the program (estab-

lished under section 2435) do not exceed the program cost

and fielding targets established under section 2448a(a) of

this title, or, if such estimated cost is higher than the

program cost targets or if such estimated date is later

than the fielding target, the program cost targets have

been increased or the fielding target has been delayed

by the Secretary of Defense after a request for such increase

or delay by the milestone decision authority;’’.

SEC. 808. TRANSPARENCY IN MAJOR DEFENSE ACQUISITION PRO-

GRAMS.

(a) M

ILESTONE

A R

EPORT

.—

(1) I

N GENERAL

.—Section 2366a(c) of title 10, United States

Code, is amended to read as follows:

‘‘(c) S

UBMISSIONS TO

ONGRESS ON

ILESTONE

A.—

‘‘(1) B

RIEF SUMMARY REPORT

.—Not later than 15 days after

granting Milestone A approval for a major defense acquisition

program, the milestone decision authority for the program shall

provide to the congressional defense committees and, in the

case of intelligence or intelligence-related activities, the congres-

sional intelligence committees a brief summary report that

contains the following elements:

‘‘(A) The program cost and fielding targets established

by the Secretary of Defense under section 2448a(a) of this

title.

‘‘(B) The estimated cost and schedule for the program

established by the military department concerned,

including—

‘‘(i) the dollar values estimated for the program

acquisition unit cost and total life-cycle cost; and

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130 STAT. 2263 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(ii) the planned dates for each program milestone

and initial operational capability.

‘‘(C) The independent estimated cost for the program

established pursuant to section 2334(a)(6) of this title, and

any independent estimated schedule for the program,

including—

‘‘(i) as assessment of the major contributors to

the program acquisition unit cost and total life-cycle

cost; and

‘‘(ii) the planned dates for each program milestone

and initial operational capability.

‘‘(D) A summary of the technical or manufacturing

risks associated with the program, as determined by the

military department concerned, including identification of

any critical technologies or manufacturing processes that

need to be matured.

‘‘(E) A summary of the independent technical risk

assessment conducted or approved under section 2448b

of this title, including identification of any critical tech-

nologies or manufacturing processes that need to be

matured.

‘‘(F) A summary of any sufficiency review conducted

by the Director of Cost Assessment and Program Evalua-

tion of the analysis of alternatives performed for the pro-

gram (as referred to in section 2366a(b)(6) of this title).

‘‘(G) Any other information the milestone decision

authority considers relevant.

‘‘(2) A

DDITIONAL INFORMATION

.—(A) At the request of any

of the congressional defense committees or, in the case of intel-

ligence or intelligence-related activities, the congressional intel-

ligence committees, the milestone decision authority shall

submit to the committee an explanation of the basis for a

determination made under subsection (b) with respect to a

major defense acquisition program, together with a copy of

the written determination, or further information or underlying

documentation for the information in a brief summary report

submitted under paragraph (1), including the independent cost

and schedule estimates and the independent technical risk

assessments referred to in that paragraph.

‘‘(B) The explanation or information shall be submitted

in unclassified form, but may include a classified annex.’’.

(2) D

EFINITIONS

.—Section 2366a(d) of such title is amended

by adding at the end the following new paragraphs:

‘‘(8) The term ‘fielding target’ has the meaning given that

term in section 2448a(a) of this title.

‘‘(9) The term ‘major system component’ has the meaning

given that term in section 2446a(b)(3) of this title.

‘‘(10) The term ‘congressional intelligence committees’ has

the meaning given that term in section 437(c) of this title.’’.

(b) M

ILESTONE

B R

EPORT

.—

(1) I

N GENERAL

.—Section 2366b(c) of title 10, United States

Code, is amended to read as follows:

‘‘(c) S

UBMISSIONS TO

ONGRESS ON

ILESTONE

B.—

‘‘(1) B

RIEF SUMMARY REPORT

.—Not later than 15 days after

granting Milestone B approval for a major defense acquisition

program, the milestone decision authority for the program shall

provide to the congressional defense committees and, in the

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130 STAT. 2264 PUBLIC LAW 114–328—DEC. 23, 2016

case of intelligence or intelligence-related activities, the congres-

sional intelligence committees a brief summary report that

contains the following elements:

‘‘(A) The program cost and fielding targets established

by the Secretary of Defense under section 2448a(a) of this

title.

‘‘(B) The estimated cost and schedule for the program

established by the military department concerned,

including—

‘‘(i) the dollar values estimated for the program

acquisition unit cost, average procurement unit cost,

and total life-cycle cost; and

‘‘(ii) the planned dates for each program milestone,

initial operational test and evaluation, and initial oper-

ational capability.

‘‘(C) The independent estimated cost for the program

established pursuant to section 2334(a)(6) of this title, and

any independent estimated schedule for the program,

including—

‘‘(i) the dollar values and ranges estimated for

the program acquisition unit cost, average procurement

unit cost, and total life-cycle cost; and

‘‘(ii) the planned dates for each program milestone,

initial operational test and evaluation, and initial oper-

ational capability.

‘‘(D) A summary of the technical and manufacturing

risks associated with the program, as determined by the

military department concerned, including identification of

any critical technologies or manufacturing processes that

have not been successfully demonstrated in a relevant

environment.

‘‘(E) A summary of the independent technical risk

assessment conducted or approved under section 2448b

of this title, including identification of any critical tech-

nologies or manufacturing processes that have not been

successfully demonstrated in a relevant environment.

‘‘(F) A statement of whether a modular open system

approach is being used for the program.

‘‘(G) Any other information the milestone decision

authority considers relevant.

‘‘(2) C

ERTIFICATIONS AND DETERMINATIONS

.—(A) The certifi-

cations and determination under subsection (a) with respect

to a major defense acquisition program shall be submitted

to the congressional defense committees with the first Selected

Acquisition Report submitted under section 2432 of this title

after completion of the certification.

‘‘(B) The milestone decision authority shall retain records

of the basis for the certifications and determination under

paragraphs (1), (2), and (3) of subsection (a).

‘‘(3) A

DDITIONAL INFORMATION

.—(A) At the request of any

of the congressional defense committees or, in the case of intel-

ligence or intelligence-related activities, the congressional intel-

ligence committees, the milestone decision authority shall

submit to the committee an explanation of the basis for the

certifications and determination under paragraphs (1), (2), and

(3) of subsection (a) with respect to a major defense acquisition

program or further information or underlying documentation

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130 STAT. 2265 PUBLIC LAW 114–328—DEC. 23, 2016

for the information in a brief summary report submitted under

paragraph (1), including the independent cost and schedule

estimates and the independent technical risk assessments

referred to in that paragraph.

‘‘(B) The explanation or information shall be submitted

in unclassified form, but may include a classified annex.’’.

(2) D

EFINITIONS

.—Section 2366b(g) of such title is amended

by adding at the end the following new paragraphs:

‘‘(6) The term ‘fielding target’ has the meaning given that

term in section 2448a(a) of this title.

‘‘(7) The term ‘major system component’ has the meaning

given that term in section 2446a(b)(3) of this title.

‘‘(8) The term ‘congressional intelligence committees’ has

the meaning given that term in section 437(c) of this title.’’.

ILESTONE

C R

EPORT

.—

(1) I

N GENERAL

.—Chapter 139 of such title is amended

by inserting after section 2366b the following new section:

‘‘§ 2366c. Major defense acquisition programs: submissions

to Congress on Milestone C

‘‘(a) B

RIEF

UMMARY

EPORT

.—Not later than 15 days after

granting Milestone C approval for a major defense acquisition pro-

gram, the milestone decision authority for the program shall provide

to the congressional defense committees and, in the case of intel-

ligence or intelligence-related activities, the congressional intel-

ligence committees a brief summary report that contains the fol-

lowing:

‘‘(1) The estimated cost and schedule for the program estab-

lished by the military department concerned, including—

‘‘(A) the dollar values estimated for the program

acquisition unit cost, average procurement unit cost, and

total life-cycle cost; and

‘‘(B) the planned dates for initial operational test and

evaluation and initial operational capability.

‘‘(2) The independent estimated cost for the program estab-

lished pursuant to section 2334(a)(6) of this title, and any

independent estimated schedule for the program, including—

‘‘(A) the dollar values estimated for the program

acquisition unit cost, average procurement unit cost, and

total life-cycle cost; and

‘‘(B) the planned dates for initial operational test and

evaluation and initial operational capability.

‘‘(3) A summary of any production, manufacturing, and

fielding risks associated with the program.

‘‘(b) A

DDITIONAL

NFORMATION

.—At the request of any of the

congressional defense committees or, in the case of intelligence

or intelligence-related activities, the congressional intelligence

committees, the milestone decision authority shall submit to the

committee further information or underlying documentation for the

information in a brief summary report submitted under subsection

(a), including the independent cost and schedule estimates and

the independent technical risk assessments referred to in that sub-

section.

‘‘(c) C

ONGRESSIONAL

NTELLIGENCE

OMMITTEES

EFINED

.—In

this section, the term ‘congressional intelligence committees’ has

the meaning given that term in section 437(c) of this title.’’.

10 USC 2366c.

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130 STAT. 2266 PUBLIC LAW 114–328—DEC. 23, 2016

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 2366b the following new item:

‘‘2366c. Major defense acquisition programs: submissions to Congress on Milestone

C.’’.

SEC. 809. AMENDMENTS RELATING TO TECHNICAL DATA RIGHTS.

(a) R

IGHTS

ELATING TO

TEM OR

ROCESS

EVELOPED

XCLU

SIVELY AT

RIVATE

XPENSE

.—Subsection (a)(2)(C)(iii) of section

2320 of title 10, United States Code, is amended by inserting

after ‘‘or process data’’ the following: ‘‘, including such data per-

taining to a major system component’’.

(b) R

IGHTS

ELATING TO

NTERFACE OR

AJOR

YSTEM

NTER

FACE

.—Subsection (a)(2) of section 2320 of such title is further

amended—

(1) by redesignating subparagraphs (F) and (G) as subpara-

graphs (H) and (I), respectively;

(2) in subparagraph (B), by striking ‘‘Except as provided

in subparagraphs (C) and (D),’’ and inserting ‘‘Except as pro-

vided in subparagraphs (C), (D), and (G),’’;

(3) in subparagraph (D)(i)(II), by striking ‘‘is necessary’’

and inserting ‘‘is a release, disclosure, or use of technical data

pertaining to an interface between an item or process and

other items or processes necessary’’;

(4) in subparagraph (E)—

(A) by striking ‘‘In the case’’ and inserting ‘‘Except

as provided in subparagraphs (F) and (G), in the case’’;

and

(B) by striking ‘‘negotiations). The United States shall

have’’ and all that follows through ‘‘such negotiated rights

shall’’ and inserting the following: ‘‘negotiations) and shall

be based on negotiations between the United States and

the contractor, except in any case in which the Secretary

of Defense determines, on the basis of criteria established

in the regulations, that negotiations would not be prac-

ticable. The establishment of such rights shall’’; and

(5) by inserting after subparagraph (E) the following new

subparagraphs (F) and (G):

‘‘(F) I

NTERFACES DEVELOPED WITH MIXED FUNDING

.—Not-

withstanding subparagraph (E), the United States shall have

government purpose rights in technical data pertaining to an

interface between an item or process and other items or proc-

esses that was developed in part with Federal funds and in

part at private expense, except in any case in which the Sec-

retary of Defense determines, on the basis of criteria established

in the regulations, that negotiation of different rights in such

technical data would be in the best interest of the United

States.

‘‘(G) M

AJOR SYSTEM INTERFACES DEVELOPED EXCLUSIVELY

AT PRIVATE EXPENSE OR WITH MIXED FUNDING

.—Notwith-

standing subparagraphs (B) and (E), the United States shall

have government purpose rights in technical data pertaining

to a major system interface developed exclusively at private

expense or in part with Federal funds and in part at private

expense and used in a modular open system approach pursuant

to section 2446a of this title, except in any case in which

10 USC 2351

prec.

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130 STAT. 2267 PUBLIC LAW 114–328—DEC. 23, 2016

the Secretary of Defense determines that negotiation of dif-

ferent rights in such technical data would be in the best interest

of the United States. Such major system interface shall be

identified in the contract solicitation and the contract. For

technical data pertaining to a major system interface developed

exclusively at private expense for which the United States

asserts government purpose rights, the Secretary of Defense

shall negotiate with the contractor the appropriate and reason-

able compensation for such technical data.’’.

MENDMENT

ELATING TO

EFERRED

RDERING

.—Sub-

section (b)(9) of section 2320 of such title is amended—

(1) by striking ‘‘at any time’’ and inserting ‘‘, until the

date occurring six years after acceptance of the last item (other

than technical data) under a contract or the date of contract

termination, whichever is later,’’;

(2) by striking ‘‘or utilized in the performance of a contract’’

and inserting ‘‘in the performance of the contract’’; and

(3) by striking clause (ii) of subparagraph (B) and inserting

the following:

‘‘(ii) is described in subparagraphs (D)(i)(II), (F),

and (G) of subsection (a)(2); and’’.

(d) D

EFINITIONS

.—Section 2320 of such title is further

amended—

(1) in subsection (f), by inserting ‘‘C

OVERED

OVERNMENT

UPPORT

ONTRACTOR

EFINED

.—’’ before ‘‘In this section’’; and

(2) by adding at the end the following new subsection:

‘‘(g) A

DDITIONAL

EFINITIONS

.—In this section, the terms ‘major

system component’, ‘major system interface’, and ‘modular open

system approach’ have the meanings provided in section 2446a

of this title.’’.

(e) A

MENDMENTS TO

ERTAIN

EADINGS FOR

EAD

ABILITY

.—Section 2320(a) of such title is further amended—

(1) in subparagraph (A) of paragraph (2), by inserting after

‘‘(A)’’ the following: ‘‘D

EVELOPMENT EXCLUSIVELY WITH FEDERAL

FUNDS

.—’’;

(2) in subparagraph (B) of such paragraph, by inserting

after ‘‘(B)’’ the following: ‘‘D

EVELOPMENT EXCLUSIVELY AT PRI

VATE EXPENSE

.—’’;

(3) in subparagraph (C) of such paragraph, by inserting

after ‘‘(C)’’ the following: ‘‘E

XCEPTION TO SUBPARAGRAPH (B)

.—

’’;

(4) in subparagraph (D) of such paragraph, by inserting

after ‘‘(D)’’ the following: ‘‘E

XCEPTION TO SUBPARAGRAPH (B)

.—

’’; and

(5) in subparagraph (E) of such paragraph, by inserting

after ‘‘(E)’’ the following: ‘‘D

EVELOPMENT WITH MIXED

FUNDING

.—’’.

(f) G

OVERNMENT

INDUSTRY

DVISORY

ANEL

MENDMENTS

.—

Section 813(b) of the National Defense Authorization Act for Fiscal

Year 2016 (Public Law 114–92; 129 Stat. 892) is amended—

(1) by adding at the end of paragraph (1) the following:

‘‘The panel shall develop recommendations for changes to sec-

tions 2320 and 2321 of title 10, United States Code, and the

regulations implementing such sections.’’;

(2) in paragraph (3)—

(A) by redesignating subparagraphs (D) and (E) as

subparagraphs (E) and (F), respectively; and

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130 STAT. 2268 PUBLIC LAW 114–328—DEC. 23, 2016

(B) by inserting after subparagraph (C) the following

new subparagraph (D):

‘‘(D) Ensuring that the Department of Defense and

Department of Defense contractors have the technical data

rights necessary to support the modular open system

approach requirement set forth in section 2446a of title

10, United States Code, taking into consideration the dis-

tinct characteristics of major system platforms, major

system interfaces, and major system components developed

exclusively with Federal funds, exclusively at private

expense, and with a combination of Federal funds and

private expense.’’; and

(3) by amending paragraph (4) to read as follows:

‘‘(4) F

INAL REPORT

.—Not later than February 1, 2017, the

advisory panel shall submit its final report and recommenda-

tions to the Secretary of Defense and the congressional defense

committees. Not later than 60 days after receiving the report,

the Secretary shall submit any comments or recommendations

to the congressional defense committees.’’.

Subtitle C—Amendments to General Con-

tracting Authorities, Procedures, and

Limitations

SEC. 811. MODIFIED RESTRICTIONS ON UNDEFINITIZED CONTRAC-

TUAL ACTIONS.

Section 2326 of title 10, United States Code, is amended—

(1) in subsection (e)—

(A) by redesignating paragraphs (1) and (2) as subpara-

graphs (A) and (B);

(B) by inserting ‘‘(1)’’ before ‘‘The head’’; and

‘‘(2) If a contractor submits a qualifying proposal to definitize

an undefinitized contractual action and the contracting officer for

such action definitizes the contract after the end of the 180-day

period beginning on the date on which the contractor submitted

the qualifying proposal, the head of the agency concerned shall

ensure that the profit allowed on the contract accurately reflects

the cost risk of the contractor as such risk existed on the date

the contractor submitted the qualifying proposal.’’;

(2) by redesignating subsections (f) and (g) as subsections

(h) and (i), respectively;

(3) by inserting after subsection (e) the following new sub-

sections:

‘‘(f) T

IME

IMIT

.—No undefinitized contractual action may

extend beyond 90 days without a written determination by the

Secretary of the military department concerned, the head of the

Defense Agency concerned, the commander of the combatant com-

mand concerned, or the Under Secretary of Defense for Acquisition,

Technology, and Logistics (as applicable) that it is in the best

interests of the military department, the Defense Agency, the

combatant command, or the Department of Defense, respectively,

to continue the action.

‘‘(g) F

OREIGN

ILITARY

ONTRACTS

.—(1) Except as provided

in paragraph (2), a contracting officer of the Department of Defense

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130 STAT. 2269 PUBLIC LAW 114–328—DEC. 23, 2016

may not enter into an undefinitized contractual action for a foreign

military sale unless the contractual action provides for agreement

upon contractual terms, specifications, and price by the end of

the 180-day period described in subsection (b)(1)(A).

‘‘(2) The requirement under paragraph (1) may be waived in

accordance with subsection (b)(4).’’; and

(4) in subsection (i), as redesignated by paragraph (2)—

(A) in paragraph (1)—

(i) by striking subparagraph (A); and

(ii) by redesignating subparagraphs (B), (C), and

(D) as subparagraphs (A), (B), and (C), respectively;

and

(B) in paragraph (2), by striking ‘‘complete and mean-

ingful audits’’ and all that follows through the period and

inserting ‘‘a meaningful audit of the information contained

in the proposal.’’.

SEC. 812. AMENDMENTS RELATING TO INVENTORY AND TRACKING

OF PURCHASES OF SERVICES.

(a) I

NCREASED

HRESHOLD

.—Subsection (a) of section 2330a

of title 10, United States Code, is amended by striking ‘‘in excess

of the simplified acquisition threshold’’ and inserting ‘‘in excess

of $3,000,000’’.

(b) S

PECIFICATION OF

ERVICES

.—Subsection (a) of such section

is further amended by striking the period at the end and inserting

the following: ‘‘, for services in the following service acquisition

portfolio groups:

‘‘(1) Logistics management services.

‘‘(2) Equipment related services.

‘‘(3) Knowledge-based services.

‘‘(4) Electronics and communications services.’’.

NVENTORY

UMMARY

.—Subsection (c) of such section is

amended—

(1) by striking ‘‘(c) I

NVENTORY

.—’’ and inserting ‘‘(c) I

NVEN

TORY

UMMARY

.—’’; and

(2) in paragraph (1), by striking ‘‘submit to Congress an

annual inventory’’ and all that follows through ‘‘for or on behalf’’

and inserting ‘‘prepare an annual inventory, and submit to

Congress a summary of the inventory, of activities performed

during the preceding fiscal year pursuant to staff augmentation

contracts on behalf’’.

(d) E

LIMINATION OF

ERTAIN

EQUIREMENTS

.—Such section is

further amended—

(1) by striking subsections (d), (g), and (h); and

(2) by redesignating subsections (e), (f), (i), and (j) as sub-

sections (d), (e), (g), and (h), respectively.

(e) S

PECIFICATION OF

ERVICES TO

EVIEWED

.—Subsection

(d), as so redesignated, of such section, is amended in paragraph

(1) by inserting after ‘‘responsible’’ the following: ‘‘, with particular

focus and attention on the following categories of high-risk product

service codes (also referred to as Federal supply codes):

‘‘(A) Special studies or analysis that is not research

and development.

‘‘(B) Information technology and telecommunications.

‘‘(C) Support, including professional, administrative,

and management.’’.

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130 STAT. 2270 PUBLIC LAW 114–328—DEC. 23, 2016

(f) C

OMPTROLLER

ENERAL

EPORT

.—Such section is further

amended by inserting after subsection (e), as so redesignated, the

following new subsection (f):

‘‘(f) C

OMPTROLLER

ENERAL

EPORT

.—Not later than March

31, 2018, the Comptroller General of the United States shall submit

to the congressional defense committees a report on the status

of the data collection required in subsection (a) and an assessment

of the efforts by the Department of Defense to implement subsection

(e).’’.

(g) D

EFINITIONS

.—Subsection (h), as so redesignated, of such

section is amended by adding at the end the following new para-

graphs:

‘‘(6) The term ‘service acquisition portfolio groups’ means

the groups identified in Department of Defense Instruction

5000.74, Defense Acquisition of Services (January 5, 2016) or

successor guidance.

‘‘(7) The term ‘staff augmentation contracts’ means services

contracts for personnel who are physically present in a Govern-

ment work space on a full-time or permanent part-time basis,

for the purpose of advising on, providing support to, or assisting

a Government agency in the performance of the agency’s mis-

sions, including authorized personal services contracts (as that

term is defined in section 2330a(g)(5) of this title).’’.

SEC. 813. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE

SELECTION PROCESS.

(a) S

TATEMENT OF

OLICY

.—It shall be the policy of the Depart-

ment of Defense to avoid using lowest price technically acceptable

source selection criteria in circumstances that would deny the

Department the benefits of cost and technical tradeoffs in the

source selection process.

(b) R

EVISION OF

EFENSE

EDERAL

CQUISITION

EGULATION

UPPLEMENT

.—Not later than 120 days after the date of the enact-

ment of this Act, the Secretary of Defense shall revise the Defense

Federal Acquisition Regulation Supplement to require that, for

solicitations issued on or after the date that is 120 days after

the date of the enactment of this Act, lowest price technically

acceptable source selection criteria are used only in situations in

which—

(1) the Department of Defense is able to comprehensively

and clearly describe the minimum requirements expressed in

terms of performance objectives, measures, and standards that

will be used to determine acceptability of offers;

(2) the Department of Defense would realize no, or minimal,

value from a contract proposal exceeding the minimum tech-

nical or performance requirements set forth in the request

for proposal;

(3) the proposed technical approaches will require no, or

minimal, subjective judgment by the source selection authority

as to the desirability of one offeror’s proposal versus a com-

peting proposal;

(4) the source selection authority has a high degree of

confidence that a review of technical proposals of offerors other

than the lowest bidder would not result in the identification

of factors that could provide value or benefit to the Department;

10 USC 2305

note.

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130 STAT. 2271 PUBLIC LAW 114–328—DEC. 23, 2016

(5) the contracting officer has included a justification for

the use of a lowest price technically acceptable evaluation meth-

odology in the contract file; and

(6) the Department of Defense has determined that the

lowest price reflects full life-cycle costs, including for operations

and support.

VOIDANCE OF

SE OF

OWEST

RICE

ECHNICALLY

CCEPT

ABLE

OURCE

ELECTION

RITERIA IN

ERTAIN

ROCUREMENTS

.—

To the maximum extent practicable, the use of lowest price tech-

nically acceptable source selection criteria shall be avoided in the

case of a procurement that is predominately for the acquisition

of—

(1) information technology services, cybersecurity services,

systems engineering and technical assistance services,

advanced electronic testing, audit or audit readiness services,

or other knowledge-based professional services;

(2) personal protective equipment; or

(3) knowledge-based training or logistics services in contin-

gency operations or other operations outside the United States,

including in Afghanistan or Iraq.

(d) R

EPORTING

.—Not later than December 1, 2017, and annually

thereafter for three years, the Comptroller General of the United

States shall submit to the congressional defense committees a report

on the number of instances in which lowest price technically accept-

able source selection criteria is used for a contract exceeding

$10,000,000, including an explanation of how the situations listed

in subsection (b) were considered in making a determination to

use lowest price technically acceptable source selection criteria.

SEC. 814. PROCUREMENT OF PERSONAL PROTECTIVE EQUIPMENT.

(a) L

IMITATION

.—Not later than 90 days after the date of the

enactment of this Act, the Defense Federal Acquisition Regulation

Supplement shall be revised—

(1) to prohibit the use by the Department of Defense of

reverse auctions or lowest price technically acceptable con-

tracting methods for the procurement of personal protective

equipment if the level of quality or failure of the item could

result in combat casualties; and

(2) to establish a preference for the use of best value

contracting methods for the procurement of such equipment.

(b) C

ONFORMING

MENDMENT

.—Section 884 of the National

Defense Authorization Act for Fiscal Year 2016 (Public Law 114–

92; 129 Stat. 948; 10 U.S.C. 2302 note) is hereby repealed.

SEC. 815. AMENDMENTS RELATED TO DETECTION AND AVOIDANCE

OF COUNTERFEIT ELECTRONIC PARTS.

Section 818 of the National Defense Authorization Act for Fiscal

Year 2012 (Public Law 112–81; 10 U.S.C. 2302 note) is amended—

(1) in paragraph (3) of subsection (c)—

(A) by striking the heading and inserting ‘‘S

UPPLIERS

MEETING ANTICOUNTERFEITING REQUIREMENTS

.—’’;

(B) in subparagraph (A)(i), by striking ‘‘trusted sup-

pliers in accordance with regulations issued pursuant to

subparagraph (C) or (D) who’’ and inserting ‘‘suppliers that

meet anticounterfeiting requirements in accordance with

regulations issued pursuant to subparagraph (C) or (D)

and that’’;

10 USC 2302

note.

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130 STAT. 2272 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘trusted suppliers’’ each place it appears and inserting

‘‘suppliers that meet anticounterfeiting requirements’’;

(D) in subparagraph (C), by striking ‘‘as trusted sup-

pliers those’’ and inserting ‘‘suppliers’’;

(E) in subparagraph (D) in the matter preceding clause

(i), by striking ‘‘trusted suppliers’’ and inserting ‘‘suppliers

that meet anticounterfeiting requirements’’; and

(F) in subparagraphs (D)(i) and (D)(iii), by striking

‘‘trusted’’ each place it appears; and

(2) in subsection (e)(2)(A)(v), by striking ‘‘use of trusted

suppliers’’ and inserting ‘‘the use of suppliers that meet

applicable anticounterfeiting requirements’’.

SEC. 816. AMENDMENTS TO SPECIAL EMERGENCY PROCUREMENT

AUTHORITY.

Section 1903(a) of title 41, United States Code, is amended—

(1) by striking ‘‘or’’ at the end of paragraph (1);

(2) by striking the period at the end of paragraph (2)

and inserting a semicolon; and

(3) by adding after paragraph (2) the following new para-

graphs:

‘‘(3) in support of a request from the Secretary of State

or the Administrator of the United States Agency for Inter-

national Development to facilitate the provision of international

disaster assistance pursuant to chapter 9 of part I of the

Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.); or

‘‘(4) in support of an emergency or major disaster (as those

terms are defined in section 102 of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C.

5122)).’’.

SEC. 817. COMPLIANCE WITH DOMESTIC SOURCE REQUIREMENTS FOR

FOOTWEAR FURNISHED TO ENLISTED MEMBERS OF THE

ARMED FORCES UPON THEIR INITIAL ENTRY INTO THE

ARMED FORCES.

Section 418 of title 37, United States Code, is amended by

adding at the end the following new subsection:

‘‘(d)(1) In the case of athletic footwear needed by members

of the Army, Navy, Air Force, or Marine Corps upon their initial

entry into the armed forces, the Secretary of Defense shall furnish

such footwear directly to the members instead of providing a cash

allowance to the members for the purchase of such footwear.

‘‘(2) In procuring athletic footwear to comply with paragraph

(1), the Secretary of Defense shall—

‘‘(A) procure athletic footwear that complies with the

requirements of section 2533a of title 10, without regard to

the applicability of any simplified acquisition threshold under

chapter 137 of title 10 (or any other provision of law); and

‘‘(B) procure additional athletic footwear, for two years

following the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2017, that is necessary to

provide a member described in paragraph (1) with sufficient

choices in athletic shoes so as to minimize the incidence of

athletic injuries and potential unnecessary harm and risk to

the safety and well-being of members in initial entry training.

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130 STAT. 2273 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(3) This subsection does not prohibit the provision of a cash

allowance to a member described in paragraph (1) for the purchase

of athletic footwear if such footwear—

‘‘(A) is medically required to meet unique physiological

needs of the member; and

‘‘(B) cannot be met with athletic footwear that complies

with the requirements of this subsection.’’.

SEC. 818. EXTENSION OF AUTHORITY FOR ENHANCED TRANSFER OF

TECHNOLOGY DEVELOPED AT DEPARTMENT OF DEFENSE

LABORATORIES.

Section 801(e) of the National Defense Authorization Act for

Fiscal Year 2014 (Public Law 113–66; 127 Stat. 804; 10 U.S.C.

2514 note) is amended by striking ‘‘2017’’ and inserting ‘‘2021’’.

SEC. 819. MODIFIED NOTIFICATION REQUIREMENT FOR EXERCISE OF

WAIVER AUTHORITY TO ACQUIRE VITAL NATIONAL SECU-

RITY CAPABILITIES.

Subsection (d) of section 806 of the National Defense Authoriza-

tion Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302

note) is amended to read as follows:

‘‘(d) N

OTIFICATION

EQUIREMENT

.—Not later than 10 days after

exercising the waiver authority under subsection (a), the Secretary

of Defense shall provide a written notification to Congress providing

the details of the waiver and the expected benefits it provides

to the Department of Defense.’’.

SEC. 820. DEFENSE COST ACCOUNTING STANDARDS.

(a) A

MENDMENTS TO THE

OST

CCOUNTING

TANDARDS

OARD

.—

(1) I

N GENERAL

.—Section 1501 of title 41, United States

Code, is amended—

(A) in subsection (b)(1)(B)(ii), by inserting ‘‘and, if pos-

sible, is a representative of a public accounting firm’’ after

‘‘systems’’;

(B) by redesignating subsections (c) through (f) as sub-

sections (f) through (i), respectively;

subsections:

‘‘(c) D

UTIES

.—The Board shall—

‘‘(1) ensure that the cost accounting standards used by

Federal contractors rely, to the maximum extent practicable,

on commercial standards and accounting practices and systems;

‘‘(2) within one year after the date of enactment of this

subsection, and on an ongoing basis thereafter, review any

cost accounting standards established under section 1502 of

this title and conform such standards, where practicable, to

Generally Accepted Accounting Principles; and

‘‘(3) annually review disputes involving such standards

brought to the boards established in section 7105 of this title

or Federal courts, and consider whether greater clarity in such

standards could avoid such disputes.

‘‘(d) M

EETINGS

.—The Board shall meet not less than once each

quarter and shall publish in the Federal Register notice of each

meeting and its agenda before such meeting is held.

‘‘(e) R

EPORT

.—The Board shall annually submit a report to

the congressional defense committees, the Committee on Oversight

and Government Reform of the House of Representatives, and the

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130 STAT. 2274 PUBLIC LAW 114–328—DEC. 23, 2016

Committee on Homeland Security and Governmental Affairs of

the Senate describing the actions taken during the prior year—

‘‘(1) to conform the cost accounting standards established

under section 1502 of this title with Generally Accepted

Accounting Principles; and

‘‘(2) to minimize the burden on contractors while protecting

the interests of the Federal Government.’’; and

(D) by amending subsection (f) (as so redesignated)

to read as follows:

‘‘(f) S

ENIOR

TAFF

.—The Administrator, after consultation with

the Board—

‘‘(1) without regard to the provisions of title 5 governing

appointments in the competitive service—

‘‘(A) shall appoint an executive secretary; and

‘‘(B) may appoint, or detail pursuant to section 3341

of title 5, two additional staff members; and

‘‘(2) may pay those employees without regard to the provi-

sions of chapter 51 and subchapter III of chapter 53 of title

5 relating to classification and General Schedule pay rates,

except that those employees may not receive pay in excess

of the maximum rate of basic pay payable for level IV of

the Executive Schedule.’’.

(2) V

ALUE OF CONTRACTS ELIGIBLE FOR WAIVER

.—Section

1502(b)(3)(A) of title 41, United States Code, is amended by

striking ‘‘$15,000,000’’ and inserting ‘‘$100,000,000’’.

(3) C

ONFORMING AMENDMENTS

.—Section 1501(i) of title 41,

United States Code (as redesignated by paragraph (1)), is

amended—

(A) in paragraph (1), by striking ‘‘subsection (e)(1)’’

and inserting ‘‘subsection (h)(1)’’; and

(B) in paragraph (3), by striking ‘‘subsection (e)(2)’’

and inserting ‘‘subsection (h)(2)’’.

(b) D

EFENSE

OST

CCOUNTING

TANDARDS

OARD

.—

(1) I

N GENERAL

.—Chapter 7 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 190. Defense Cost Accounting Standards Board

‘‘(a) O

RGANIZATION

.—The Defense Cost Accounting Standards

Board is an independent board in the Office of the Secretary of

Defense.

‘‘(b) M

EMBERSHIP

.—(1) The Board consists of seven members.

One member is the Chief Financial Officer of the Department

of Defense or a designee of the Chief Financial Officer, who serves

as Chairman. The other six members, all of whom shall have

experience in contract pricing, finance, or cost accounting, are as

follows:

‘‘(A) Three representatives of the Department of Defense

appointed by the Secretary of Defense; and

‘‘(B) Three individuals from the private sector, each of

whom is appointed by the Secretary of Defense, and—

‘‘(i) one of whom is a representative of a nontraditional

defense contractor (as defined in section 2302(9) of this

title); and

‘‘(ii) one of whom is a representative from a public

accounting firm.

10 USC 190.

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130 STAT. 2275 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) A member appointed under paragraph (1)(A) may not con-

tinue to serve after ceasing to be an officer or employee of the

Department of Defense.

‘‘(c) D

UTIES OF THE

HAIRMAN

.—The Chief Financial Officer

of the Department of Defense, after consultation with the Defense

Cost Accounting Standards Board, shall prescribe rules and proce-

dures governing actions of the Board under this section.

‘‘(d) D

UTIES

.—The Defense Cost Accounting Standards Board—

‘‘(1) shall review cost accounting standards established

under section 1502 of title 41 and recommend changes to such

cost accounting standards to the Cost Accounting Standards

Board established under section 1501 of such title;

‘‘(2) has exclusive authority, with respect to the Department

of Defense, to implement such cost accounting standards to

achieve uniformity and consistency in the standards governing

measurement, assignment, and allocation of costs to contracts

with the Department of Defense; and

‘‘(3) shall develop standards to ensure that commercial

operations performed by Government employees at the Depart-

ment of Defense adhere to cost accounting standards (based

on cost accounting standards established under section 1502

of title 41 or Generally Accepted Accounting Principles) that

inform managerial decisionmaking.

‘‘(e) C

OMPENSATION

.—(1) Members of the Defense Cost

Accounting Standards Board who are officers or employees of the

Department of Defense shall not receive additional compensation

for services but shall continue to be compensated by the Department

of Defense.

‘‘(2) Each member of the Board appointed from the private

sector shall receive compensation at a rate not to exceed the daily

equivalent of the rate for level IV of the Executive Schedule for

each day (including travel time) in which the member is engaged

in the actual performance of duties vested in the Board.

‘‘(3) While serving away from home or regular place of business,

Board members and other individuals serving on an intermittent

basis shall be allowed travel expenses in accordance with section

5703 of title 5.

‘‘(f) A

UDITING

EQUIREMENTS

.—(1) Notwithstanding any other

provision of law, contractors with the Department of Defense may

present, and the Defense Contract Audit Agency shall accept with-

out performing additional audits, a summary of audit findings pre-

pared by a commercial auditor if—

‘‘(A) the auditor previously performed an audit of the allow-

ability, measurement, assignment to accounting periods, and

allocation of indirect costs of the contractor; and

‘‘(B) such audit was performed using relevant commercial

accounting standards (such as Generally Accepted Accounting

Principles) and relevant commercial auditing standards estab-

lished by the commercial auditing industry for the relevant

accounting period.

‘‘(2) The Defense Contract Audit Agency may audit direct costs

of Department of Defense cost contracts and shall rely on commer-

cial audits of indirect costs without performing additional audits,

except that in the case of companies or business units that have

a predominance of cost-type contracts as a percentage of sales,

the Defense Contract Audit Agency may audit both direct and

indirect costs.’’.

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130 STAT. 2276 PUBLIC LAW 114–328—DEC. 23, 2016

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 7 of such title is amended by adding

after the item relating to section 189 the following new item:

‘‘190. Defense Cost Accounting Standards Board.’’.

EPORT

.—Not later than December 31, 2019, the Comp-

troller General of the United States shall submit to the congres-

sional defense committees a report on the adequacy of the method

used by the Cost Accounting Standards Board established under

section 1501 of title 41, United States Code, to apply cost accounting

standards to indirect and fixed price incentive contracts.

(d) E

FFECTIVE

ATE

.—The amendments made by this section

shall take effect on October 1, 2018.

SEC. 821. INCREASED MICRO-PURCHASE THRESHOLD APPLICABLE TO

DEPARTMENT OF DEFENSE PROCUREMENTS.

(a) I

NCREASED

ICRO

PURCHASE

HRESHOLD

.—Chapter 137 of

title 10, United States Code, is amended by adding at the end

the following new section:

‘‘§ 2338. Micro-purchase threshold

‘‘Notwithstanding subsection (a) of section 1902 of title 41,

the micro-purchase threshold for the Department of Defense for

purposes of such section is $5,000.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of such chapter is amended by adding at the end the following

new item:

‘‘2338. Micro-purchase threshold.’’.

SEC. 822. ENHANCED COMPETITION REQUIREMENTS.

Section 2306a of title 10, United States Code, is amended—

(1) in subsection (a)(1)(A), by inserting ‘‘that is only

expected to receive one bid’’ after ‘‘entered into using procedures

other than sealed-bid procedures’’; and

(2) in subsection (b)—

(A) in paragraph (1)(A)(i), by striking ‘‘price competi-

tion’’ and inserting ‘‘competition that results in at least

two or more responsive and viable competing bids’’; and

(B) by adding at the end the following new paragraph:

‘‘(6) D

ETERMINATION BY PRIME CONTRACTOR

.—A prime con-

tractor required to submit certified cost or pricing data under

subsection (a) with respect to a prime contract shall be respon-

sible for determining whether a subcontract under such contract

qualifies for an exception under paragraph (1)(A) from such

requirement.’’.

SEC. 823. REVISION TO EFFECTIVE DATE OF SENIOR EXECUTIVE

BENCHMARK COMPENSATION FOR ALLOWABLE COST

LIMITATIONS.

(a) R

EPEAL OF

ETROACTIVE

PPLICABILITY

.—Section 803(c) of

the National Defense Authorization Act for Fiscal Year 2012 (Public

Law 112–81; 125 Stat. 1485; 10 U.S.C. 2324 note) is amended

by striking ‘‘amendments made by’’ and all that follows and

inserting ‘‘amendments made by this section shall apply with

respect to costs of compensation incurred after January 1, 2012,

under contracts entered into on or after December 31, 2011.’’.

10 USC 2301

prec.

10 USC 2338.

10 USC 190 note.

10 USC 171 prec.

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130 STAT. 2277 PUBLIC LAW 114–328—DEC. 23, 2016

(b) A

PPLICABILITY

.—The amendment made by subsection (a)

shall take effect as of December 31, 2011, and shall apply as

if included in the National Defense Authorization Act for Fiscal

Year 2012 as enacted.

SEC. 824. TREATMENT OF INDEPENDENT RESEARCH AND DEVELOP-

MENT COSTS ON CERTAIN CONTRACTS.

(a) I

NDEPENDENT

ESEARCH AND

EVELOPMENT

OSTS

: A

LLOW

ABLE

OSTS

.—

(1) I

N GENERAL

.—Section 2372 of title 10, United States

Code, is amended to read as follows:

‘‘§ 2372. Independent research and development costs: allow-

able costs

‘‘(a) R

EGULATIONS

.—The Secretary of Defense shall prescribe

regulations governing the payment by the Department of Defense

of expenses incurred by contractors for independent research and

development costs. Such regulations shall provide that expenses

incurred for independent research and development shall be

reported independently from other allowable indirect costs.

‘‘(b) C

OSTS

REATED AS

AIR AND

EASONABLE

AND

LLOWABLE

XPENSES

.—The regulations prescribed under subsection (a) shall

provide that independent research and development costs shall

be considered a fair and reasonable, and allowable, indirect expense

on Department of Defense contracts.

‘‘(c) A

DDITIONAL

ONTROLS

.—Subject to subsection (d), the regu-

lations prescribed under subsection (a) may include the following

provisions:

‘‘(1) Controls on the reimbursement of costs to the con-

tractor for expenses incurred for independent research and

development to ensure that such costs were incurred for inde-

pendent research and development.

‘‘(2) Implementation of regular methods for transmission—

‘‘(A) from the Department of Defense to contractors,

in a reasonable manner, of timely and comprehensive

information regarding planned or expected needs of the

Department of Defense for future technology and advanced

capability; and

‘‘(B) from contractors to the Department of Defense,

in a reasonable manner, of information regarding progress

by the contractor on the independent research and develop-

ment programs of the contractor.

‘‘(d) L

IMITATIONS ON

EGULATIONS

.—Regulations prescribed

under subsection (a) may not include provisions that would infringe

on the independence of a contractor to choose which technologies

to pursue in its independent research and development program

if the chief executive officer of the contractor determines that

expenditures will advance the needs of the Department of Defense

for future technology and advanced capability as transmitted pursu-

ant to subsection (c)(3)(A).

‘‘(e) E

FFECTIVE

ATE

.—The regulations prescribed under sub-

section (a) shall apply to indirect costs incurred on or after October

1, 2017.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 139 is amended by striking the item

relating to section 2372 and inserting the following new item:

‘‘2372. Independent research and development costs: allowable costs’’.

10 USC 2351

prec.

10 USC 2324

note.

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130 STAT. 2278 PUBLIC LAW 114–328—DEC. 23, 2016

(b) B

ID AND

ROPOSAL

OSTS

: A

LLOWABLE

OSTS

.—

(1) I

N GENERAL

.—Chapter 139 of title 10, United States

Code, is amended by inserting after section 2372 the following

new section:

‘‘§ 2372a. Bid and proposal costs: allowable costs

‘‘(a) R

EGULATIONS

.—The Secretary of Defense shall prescribe

regulations governing the payment by the Department of Defense

of expenses incurred by contractors for bid and proposal costs.

Such regulations shall provide that expenses incurred for bid and

proposal costs shall be reported independently from other allowable

indirect costs.

‘‘(b) C

OSTS

LLOWABLE AS

NDIRECT

XPENSES

.—The regula-

tions prescribed under subsection (a) shall provide that bid and

proposal costs shall be allowable as indirect expenses on covered

contracts, as defined in section 2324(l) of this title, to the extent

that those costs are allocable, reasonable, and not otherwise

unallowable by law or under the Federal Acquisition Regulation.

‘‘(c) G

OAL FOR

EIMBURSABLE

ID AND

ROPOSAL

OSTS

.—The

Secretary shall establish a goal each fiscal year limiting the amount

of reimbursable bid and proposal costs paid by the Department

of Defense to an amount equal to not more than one percent

of the total aggregate industry sales to the Department of Defense.

To achieve such goal, the Secretary may not limit the payment

of allowable bid and proposal costs for the covered year.

‘‘(d) P

ANEL

.—(1) If the Department of Defense exceeds the

goal established under subsection (c) for a fiscal year, within 180

days after exceeding the goal, the Secretary shall establish an

advisory panel. The panel shall be supported by the Defense

Acquisition University and the National Defense University,

including administrative support.

‘‘(2) The panel shall be composed of nine individuals who are

recognized experts in acquisition and procurement policy appointed

by the Secretary. In making such appointments, the Secretary

shall ensure that the members of the panel reflect diverse experi-

ences in the public and private sector.

‘‘(3) The panel shall review laws, regulations, and practices

that contribute to the expenses incurred by contractors for bids

and proposals in the fiscal year concerned and recommend changes

to such laws, regulations, and practices that may reduce expenses

incurred by contractors for bids and proposals.

‘‘(4)(A) Not later than six months after the establishment of

the panel, the panel shall submit to the Secretary and the congres-

sional defense committees an interim report on the findings of

the panel.

‘‘(B) Not later than one year after the establishment of

the panel, the panel shall submit to the Secretary and the

congressional defense committees a final report on the findings

of the panel.

‘‘(5) The panel shall terminate on the day the panel submits

the final report under paragraph (4)(B).

‘‘(6) The Secretary of Defense may use amounts available in

the Department of Defense Acquisition Workforce Development

Fund established under section 1705 of this title to support the

activities of the panel established under this subsection.

10 USC 2372a.

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130 STAT. 2279 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(e) E

FFECTIVE

ATE

.—The regulations prescribed under sub-

section (a) shall apply to indirect costs incurred on or after October

1, 2017.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 139 of such title is amended by inserting

the following new item:

‘‘2372a. Bid and proposal costs: allowable costs’’.

EPORT ON

LEMENTS

ONTRIBUTING TO

XPENSES

NCURRED BY

ONTRACTORS FOR

IDS AND

ROPOSALS

.—

(1) I

N GENERAL

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of Defense shall

enter into a contract with an independent entity to study the

laws, regulations, and practices relating to expenses incurred

by contractors for bids and proposals.

(2) R

EPORT

.—Not later than 180 days after receipt of the

contract required by paragraph (1), the independent entity shall

submit to the Department of Defense and the congressional

defense committees a report on the laws, regulations, or prac-

tices relating to expenses incurred by contractors for bids and

recommendations for changes to such laws, regulations, or prac-

tices that may reduce expenses incurred by contractors for

bids and proposals.

(d) D

EFENSE

ONTRACT

UDIT

GENCY

: A

NNUAL

EPORT

.—

(1) I

N GENERAL

.—Subsection (a) of section 2313a of title

10, United States Code, is amended—

(A) by redesignating paragraphs (4) and (5) as para-

graphs (6) and (7), respectively; and

(B) by inserting after paragraph (3) the following new

paragraphs:

‘‘(3) a summary, set forth separately by dollar amount

and percentage, of indirect costs for independent research and

development incurred by contractors in the previous fiscal year;

‘‘(4) a summary, set forth separately by dollar amount

and percentage, of indirect costs for bid and proposal costs

incurred by contractors in the previous fiscal year;’’.

(2) E

FFECTIVE DATE

.—The amendments made by this sub-

section shall take effect on October 1, 2018.

SEC. 825. EXCEPTION TO REQUIREMENT TO INCLUDE COST OR PRICE

TO THE GOVERNMENT AS A FACTOR IN THE EVALUATION

OF PROPOSALS FOR CERTAIN MULTIPLE-AWARD TASK OR

DELIVERY ORDER CONTRACTS.

(a) E

XCEPTION TO

EQUIREMENT TO

NCLUDE

OST OR

RICE

ACTOR

.—Section 2305(a)(3) of title 10, United States Code,

is amended—

(1) in subparagraph (A)—

(A) in clause (i), by inserting ‘‘(except as provided in

subparagraph (C))’’ after ‘‘shall’’; and

(B) in clause (ii), by inserting ‘‘(except as provided

in subparagraph (C))’’ after ‘‘shall’’; and

(2) by adding at the end the following new subparagraphs:

‘‘(C) If the head of an agency issues a solicitation for

multiple task or delivery order contracts under section

2304a(d)(1)(B) of this title for the same or similar services

and intends to make a contract award to each qualifying

offeror—

10 USC 2313a

note.

10 USC 2351

prec.

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130 STAT. 2280 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(i) cost or price to the Federal Government need not,

at the Government’s discretion, be considered under clause

(ii) of subparagraph (A) as an evaluation factor for the

contract award; and

‘‘(ii) if, pursuant to clause (i), cost or price to the

Federal Government is not considered as an evaluation

factor for the contract award—

‘‘(I) the disclosure requirement of clause (iii) of

subparagraph (A) shall not apply; and

‘‘(II) cost or price to the Federal Government shall

be considered in conjunction with the issuance pursu-

ant to section 2304c(b) of this title of a task or delivery

order under any contract resulting from the solicita-

tion.

‘‘(D) In subparagraph (C), the term ‘qualifying offeror’

means an offeror that—

‘‘(i) is determined to be a responsible source;

‘‘(ii) submits a proposal that conforms to the require-

ments of the solicitation; and

‘‘(iii) the contracting officer has no reason to believe

would likely offer other than fair and reasonable pricing.

‘‘(E) Subparagraph (C) shall not apply to multiple task

or delivery order contracts if the solicitation provides for sole

source task or delivery order contracts pursuant to section

8(a) of the Small Business Act (15 U.S.C. 637(a)).’’.

(b) A

MENDMENT TO

ROCEDURES

ELATING TO

RDERS

NDER

ULTIPLE

AWARD

ONTRACTS

.—Section 2304c(b) of title 10, United

States Code, is amended—

(1) in paragraph (3), by striking ‘‘or’’ at the end;

(2) in paragraph (4), by striking the period at the end

and inserting ‘‘; or’’; and

(3) by adding at the end the following new paragraph:

‘‘(5) the task or delivery order satisfies one of the exceptions

in section 2304(c) of this title to the requirement to use competi-

tive procedures.’’.

SEC. 826. EXTENSION OF PROGRAM FOR COMPREHENSIVE SMALL

BUSINESS CONTRACTING PLANS.

Section 834(e) of the National Defense Authorization Act for

Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is amended by

striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 2027’’.

SEC. 827. TREATMENT OF SIDE-BY-SIDE TESTING OF CERTAIN EQUIP-

MENT, MUNITIONS, AND TECHNOLOGIES MANUFACTURED

AND DEVELOPED UNDER COOPERATIVE RESEARCH AND

DEVELOPMENT AGREEMENTS AS USE OF COMPETITIVE

PROCEDURES.

Section 2350a(g) of title 10, United States Code, is amended

by inserting after paragraph (2) the following new paragraph:

‘‘(3) The use of side-by-side testing under this subsection may

be considered to be the use of competitive procedures for purposes

of chapter 137 of this title, when procuring items within 5 years

after an initial determination that the items have been successfully

tested and found to satisfy United States military requirements

or to correct operational deficiencies.’’.

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130 STAT. 2281 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 828. DEFENSE ACQUISITION CHALLENGE PROGRAM AMEND-

MENTS.

(a) E

XPANSION OF

COPE

NCLUDE

YSTEMS

SYSTEMS AND

UNCTIONS

.—Paragraph (2) of subsection (a) of section 2359b of

title 10, United States Code, is amended by striking ‘‘or system’’

and all that follows through the end of the paragraph and inserting

the following: ‘‘system, or system-of-systems level of an existing

Department of Defense acquisition program, or to address any

broader functional challenge to Department of Defense missions

that may not fall within an acquisition program, that would result

in improvements in performance, affordability, manufacturability,

or operational capability of that acquisition program or function.’’.

(b) T

REATMENT OF

HALLENGE

ROPOSAL

ROCEDURES AS

OMPETITIVE

ROCEDURES

.—Such section is further amended—

(1) by redesignating subsections (j) and (k) as subsections

(k) and (l), respectively; and

(2) by inserting after subsection (i) the following new sub-

section:

‘‘(j) T

REATMENT OF

SE OF

ERTAIN

ROCEDURES AS

SE OF

OMPETITIVE

ROCEDURES

.—The use of general solicitation competi-

tive procedures established under subsection (c) shall be considered

to be the use of competitive procedures for purposes of chapter

137 of this title.’’.

XTENSION OF

UNSET FOR

ILOT

ROGRAM FOR

ROGRAMS

THER

HAN

AJOR

EFENSE

CQUISITION

ROGRAMS

.—Such sec-

tion is further amended in paragraph (5) of subsection (l), as redesig-

nated by subsection (b)(1) of this subsection, by striking ‘‘2016’’

and inserting ‘‘2021’’.

(d) C

ONFORMING

MENDMENTS

.—Such section is further

amended—

(1) in subsection (c)(3), by inserting ‘‘or functions’’ after

‘‘acquisition programs’’;

(2) in subsection (c)(4)(A)—

(A) by striking ‘‘and’’ at the end of clause (i);

(B) by striking the period at the end of clause (ii)

and inserting ‘‘; and’’; and

‘‘(iii) any functional challenges of importance to Department

of Defense missions.’’;

(3) in subsection (c)(5), by adding at the end the following

new subparagraph:

‘‘(D) Whether the challenge proposal is likely to result

in improvements to any functional challenges of importance

to Department of Defense missions, and whether the pro-

posal could be implemented rapidly, at an acceptable cost,

and without unacceptable disruption to such missions.’’;

and

(4) in subsection (c)(5)(B) and in subsection (e)(1), by

striking ‘‘or system’’ and inserting ‘‘system, or system-of-sys-

tems’’.

SEC. 829. PREFERENCE FOR FIXED-PRICE CONTRACTS.

(a) E

STABLISHMENT OF

REFERENCE

.—Not later than 180 days

after the date of the enactment of this Act, the Defense Federal

Acquisition Regulation Supplement shall be revised to establish

a preference for fixed-price contracts, including fixed-price incentive

fee contracts, in the determination of contract type.

10 USC 2306

note.

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130 STAT. 2282 PUBLIC LAW 114–328—DEC. 23, 2016

(b) A

PPROVAL

EQUIREMENT FOR

ERTAIN

OST

TYPE

TRACTS

.—

(1) I

N GENERAL

.—A contracting officer of the Department

of Defense may not enter into a cost-type contract described

in paragraph (2) unless the contract is approved by the service

acquisition executive of the military department concerned, the

head of the Defense Agency concerned, the commander of the

combatant command concerned, or the Under Secretary of

Defense for Acquisition, Technology, and Logistics (as

applicable).

(2) C

OVERED CONTRACTS

.—A contract described in this

paragraph is—

(A) a cost-type contract in excess of $50,000,000, in

the case of a contract entered into on or after October

1, 2018, and before October 1, 2019; and

(B) a cost-type contract in excess of $25,000,000, in

the case of a contract entered into on or after October

1, 2019.

SEC. 830. REQUIREMENT TO USE FIRM FIXED-PRICE CONTRACTS FOR

FOREIGN MILITARY SALES.

(a) R

EQUIREMENT

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall prescribe

regulations to require the use of firm fixed-price contracts for foreign

military sales.

(b) E

XCEPTIONS

.—The regulations prescribed pursuant to sub-

section (a) shall include exceptions that may be exercised if the

foreign country that is the counterparty to a foreign military sale—

(1) has established in writing a preference for a different

contract type; or

(2) requests in writing that a different contract type be

used for a specific foreign military sale.

AIVER

UTHORITY

.—The regulations prescribed pursuant

to subsection (a) shall include a waiver that may be exercised

by the Secretary of Defense or his designee if the Secretary or

his designee determines on a case-by-case basis that a different

contract type is in the best interest of the United States and

American taxpayers.

(d) P

ILOT

ROGRAM FOR

CCELERATION OF

OREIGN

ILITARY

ALES

.—

(1) I

N GENERAL

.—The Secretary of Defense shall establish

a pilot program to reform and accelerate the contracting and

pricing processes associated with full rate production of major

weapon systems for no more than 10 foreign military sales

contracts by—

(A) basing price reasonableness determinations on

actual cost and pricing data for purchases of the same

product for the Department of Defense; and

(B) reducing the cost and pricing data to be submitted

in accordance with section 2306a of title 10, United States

Code.

(2) E

XPIRATION OF AUTHORITY

.—Authority for the pilot pro-

gram under this subsection expires on January 1, 2020.

SEC. 831. PREFERENCE FOR PERFORMANCE-BASED CONTRACT PAY-

MENTS.

(a) I

ENERAL

.—Section 2307(b) of title 10, United States

Code, is amended—

10 USC 2762

note.

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130 STAT. 2283 PUBLIC LAW 114–328—DEC. 23, 2016

(1) in the subsection heading, by inserting ‘‘P

REFERENCE

FOR

’’ before ‘‘P

ERFORMANCE

BASED

’’;

(2) by redesignating paragraphs (1), (2), and (3) as subpara-

graphs (A), (B), and (C), respectively;

(3) by striking ‘‘Wherever practicable, payment under sub-

section (a) shall be made’’ and inserting ‘‘(1) Whenever prac-

ticable, payments under subsection (a) shall be made using

performance-based payments’’; and

(4) by adding at the end the following new paragraphs:

‘‘(2) Performance-based payments shall not be conditioned upon

costs incurred in contract performance but on the achievement

of performance outcomes listed in paragraph (1).

‘‘(3) The Secretary of Defense shall ensure that nontraditional

defense contractors and other private sector companies are eligible

for performance-based payments, consistent with best commercial

practices.

‘‘(4)(A) In order to receive performance-based payments, a con-

tractor’s accounting system shall be in compliance with Generally

Accepted Accounting Principles, and there shall be no requirement

for a contractor to develop Government-unique accounting systems

or practices as a prerequisite for agreeing to receive performance-

based payments.

‘‘(B) Nothing in this section shall be construed to grant the

Defense Contract Audit Agency the authority to audit compliance

with Generally Accepted Accounting Principles.’’.

(b) R

EGULATIONS

.—Not later than 120 days after the date of

the enactment of this Act, the Secretary of Defense shall revise

the Department of Defense Federal Acquisition Regulation Supple-

ment to conform with section 2307(b) of title 10, United States

Code, as amended by subsection (a).

SEC. 832. CONTRACTOR INCENTIVES TO ACHIEVE SAVINGS AND

IMPROVE MISSION PERFORMANCE.

Not later than 180 days after the date of the enactment of

this Act, the Defense Acquisition University shall develop and

implement a training program for Department of Defense acquisi-

tion personnel on fixed-priced incentive fee contracts, public-private

partnerships, performance-based contracting, and other authorities

in law and regulation designed to give incentives to contractors

to achieve long-term savings and improve administrative practices

and mission performance.

SEC. 833. SUNSET AND REPEAL OF CERTAIN CONTRACTING PROVI-

SIONS.

(a) S

UNSETS

.—

(1) P

LANTATIONS AND FARMS

OPERATION

MAINTENANCE

AND IMPROVEMENT

.—Section 2421 of title 10, United States

Code, is amended by adding at the end the following new

subsection:

‘‘(e) S

UNSET

.—The authority under this section shall terminate

on September 30, 2018.’’.

(2) R

EQUIREMENT TO ESTABLISH COST

PERFORMANCE

AND

SCHEDULE GOALS FOR MAJOR DEFENSE ACQUISITION PROGRAMS

AND EACH PHASE OF RELATED ACQUISITION CYCLES

.—Section

2220 of title 10, United States Code, is amended by adding

at the end the following new subsection:

‘‘(c) S

UNSET

.—The authority under this section shall terminate

on September 30, 2018.’’.

10 USC 1746

note.

10 USC 2307

note.

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130 STAT. 2284 PUBLIC LAW 114–328—DEC. 23, 2016

(b) R

EPEALS

.—

(1) L

IMITATION ON USE OF OPERATION AND MAINTENANCE

FUNDS FOR PURCHASE OF INVESTMENT ITEMS

.—

(A) I

N GENERAL

.—Section 2245a of title 10, United

States Code, is repealed.

(B) C

LERICAL AMENDMENT

.—The table of sections at

the beginning of subchapter I of chapter 134 of such title

is amended by striking the item relating to section 2245a.

ONFORMING AMENDMENT

.—Section 166a(e)(1)(A)

of such title is amended by striking ‘‘the investment unit

cost threshold in effect under section 2245a of this title’’

and inserting ‘‘$250,000’’.

(2) I

NFORMATION TECHNOLOGY PURCHASES

TRACKING AND

MANAGEMENT

.—

(A) I

N GENERAL

.—Section 2225 of title 10, United

States Code, is repealed.

(B) C

LERICAL AMENDMENT

.—The table of sections at

the beginning of chapter 131 of such title is amended

by striking the item relating to section 2225.

ONFORMING AMENDMENTS

.—

(i) Section 812 of the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001 (Public

Law 106–393; 114 Stat. 1654A–213; 10 U.S.C. 2225

note) is amended by striking subsections (b) and (c).

(ii) Section 2330a(j) of title 10, United States Code,

is amended—

(I) by striking paragraph (2);

(II) by redesignating paragraphs (3), (4), and

(5) as paragraphs (2), (3), and (4), respectively;

and

(III) by adding at the end the following new

paragraphs:

‘‘(5) S

IMPLIFIED ACQUISITION THRESHOLD

.—The term ‘sim-

plified acquisition threshold’ has the meaning given the term

in section 134 of title 41.

‘‘(6) S

MALL BUSINESS ACT DEFINITIONS

.—

‘‘(A) The term ‘small business concern’ has the meaning

given such term under section 3 of the Small Business

Act (15 U.S.C. 632).

‘‘(B) The terms ‘small business concern owned and

controlled by socially and economically disadvantaged

individuals’ and ‘small business concern owned and con-

trolled by women’ have the meanings given such terms,

respectively, in section 8(d)(3) of the Small Business Act

(15 U.S.C. 637(d)(3)).’’.

(iii) Section 222(d) of the National Defense

Authorization Act for Fiscal Year 2012 (Public Law

112–81; 10 U.S.C. 2358 note) is amended by striking

‘‘as defined in section 2225(f)(3)’’ and inserting ‘‘as

defined in section 2330a(j)’’.

(3) P

ROCUREMENT OF COPIER PAPER CONTAINING SPECIFIED

PERCENTAGES OF POST

CONSUMER RECYCLED CONTENT

.—

(A) I

N GENERAL

.—Section 2378 of title 10, United

States Code, is repealed.

(B) C

LERICAL AMENDMENT

.—The table of sections at

the beginning of chapter 140 of such title is amended

by striking the item relating to section 2378.

10 USC 2375

prec.

10 USC 2201

prec.

10 USC 2241

prec.

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130 STAT. 2285 PUBLIC LAW 114–328—DEC. 23, 2016

(4) L

IMITATION ON PROCUREMENT OF TABLE AND KITCHEN

EQUIPMENT FOR OFFICERS

’

QUARTERS

.—

(A) I

N GENERAL

.—Section 2387 of title 10, United

States Code, is repealed.

(B) C

LERICAL AMENDMENT

.—The table of sections at

the beginning of chapter 141 of such title is amended

by striking the item relating to section 2387.

(5) I

MPLEMENTATION OF ELECTRONIC COMMERCE CAPA

BILITY

.—

(A) R

EPEAL

.—

(i) Section 2302c of title 10, United States Code,

is repealed.

(ii) Section 2301 of title 41, United States Code,

is amended by adding at the end the following new

subsection:

‘‘(f) I

NAPPLICABILITY TO

EPARTMENT OF

EFENSE

.—In this sec-

tion, the term ‘executive agency’ does not include the Department

of Defense.’’.

(B) C

LERICAL AMENDMENT

.—The table of sections at

the beginning of chapter 137 of such title is amended

by striking the item relating to section 2302c.

SEC. 834. FLEXIBILITY IN CONTRACTING AWARD PROGRAM.

(a) E

STABLISHMENT OF

WARD

ROGRAM

.—The Secretary of

Defense shall create an award to recognize those acquisition pro-

grams and professionals that make the best use of the flexibilities

and authorities granted by the Federal Acquisition Regulation and

Department of Defense Instruction 5000.02 (Operation of the

Defense Acquisition System).

(b) P

URPOSE OF

WARD

.—The award established under sub-

section (a) shall recognize outstanding performers whose approach

to program management emphasizes innovation and local adapta-

tion, including the use of—

(1) simplified acquisition procedures;

(2) inherent flexibilities within the Federal Acquisition

Regulation;

(3) commercial contracting approaches;

(4) public-private partnership agreements and practices;

(5) cost-sharing arrangements;

(6) innovative contractor incentive practices; and

(7) other innovative implementations of acquisition flexibili-

ties.

SEC. 835. PROTECTION OF TASK ORDER COMPETITION.

(a) A

MENDMENT TO

ALUE OF

UTHORIZED

ASK

RDER

TESTS

.—Section 2304c(e)(1)(B) of title 10, United States Code, is

amended by striking ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’.

(b) R

EPEAL OF

FFECTIVE

ATE

.—Section 4106(f) of title 41,

United States Code, is amended by striking paragraph (3).

SEC. 836. CONTRACT CLOSEOUT AUTHORITY.

(a) A

UTHORITY

.—The Secretary of Defense may close out a

contract or group of contracts as described in subsection (b) through

the issuance of one or more modifications to such contracts without

completing a reconciliation audit or other corrective action. To

accomplish closeout of such contracts—

(1) remaining contract balances may be offset with balances

in other contract line items within a contract regardless of

10 USC 2302

note.

10 USC 1701a

note.

10 USC 2301

prec.

10 USC 2381

prec.

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130 STAT. 2286 PUBLIC LAW 114–328—DEC. 23, 2016

the year or type of appropriation obligated to fund each contract

line item and regardless of whether the appropriation for such

contract line item has closed; and

(2) remaining contract balances may be offset with balances

on other contracts regardless of the year or type of appropria-

tion obligated to fund each contract and regardless of whether

the appropriation has closed.

(b) C

OVERED

ONTRACTS

.—This section covers any contract or

group of contracts between the Department of Defense and a defense

contractor, each one of which—

(1) was entered into prior to fiscal year 2000;

(2) has no further supplies or services deliverables due

under the terms and conditions of the contract; and

(3) is determined by the Secretary of Defense to be not

otherwise reconcilable because—

(A) the records have been destroyed or lost; or

(B) the records are available but the Secretary of

Defense has determined that the time or effort required

to determine the exact amount owed to the United States

Government or amount owed to the contractor is dispropor-

tionate to the amount at issue.

EGOTIATED

ETTLEMENT

UTHORITY

.—Any contract or

group of contracts covered by this section may be closed out through

a negotiated settlement with the contractor.

(d) W

AIVER

UTHORITY

.—

(1) I

N GENERAL

.—The Secretary of Defense is authorized

to waive any provision of acquisition law or regulation to carry

out the authority under subsection (a).

(2) N

OTIFICATION REQUIREMENT

.—The Secretary of Defense

shall notify the congressional defense committees not later than

10 days after exercising the authority under subsection (d).

The notice shall include an identification of each provision

of law or regulation waived.

(e) A

DJUSTMENT AND

LOSURE OF

ECORDS

.—After closeout

of any contract described in subsection (b) using the authority

under this section, the payment or accounting offices concerned

may adjust and close any open finance and accounting records

relating to the contract.

(f) N

IABILITY

.—No liability shall attach to any accounting,

certifying, or payment official, or any contracting officer, for any

adjustments or closeout made pursuant to the authority under

this section.

(g) R

EGULATIONS

.—The Secretary of Defense shall prescribe

regulations for the administration of the authority under this sec-

tion.

SEC. 837. CLOSEOUT OF OLD DEPARTMENT OF THE NAVY CONTRACTS.

(a) A

UTHORITY

.—The Secretary of the Navy may close out con-

tracts described in subsection (b) through the issuance of one or

more modifications to such contracts without completing further

reconciliation audits or corrective actions other than those described

in this section. To accomplish closeout of such contracts—

(1) remaining contract balances may be offset with balances

in other contract line items within a contract regardless of

the year or type of appropriation obligated to fund each contract

line item and regardless of whether the appropriation for such

contract line item has closed; and

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130 STAT. 2287 PUBLIC LAW 114–328—DEC. 23, 2016

(2) remaining contract balances may be offset with balances

on other contracts regardless of the year or type of appropria-

tion obligated to fund each contract and regardless of whether

the appropriation has closed.

(b) C

ONTRACTS

OVERED

.—The contracts covered by this section

are a group of contracts that are with one contractor and identified

by the Secretary, each one of which is a contract—

(1) to design, construct, repair, or support the construction

or repair of Navy submarines that—

(A) was entered into between fiscal years 1974 and

1998; and

(B) has no further supply or services deliverables due

under the terms and conditions of the contract;

(2) with respect to which the Secretary of the Navy has

established the total final contract value; and

(3) with respect to which the Secretary of the Navy has

determined that the final allowable cost may have a negative

or positive unliquidated obligation balance for which it would

be difficult to determine the year or type of appropriation

because—

(A) the records for the contract have been destroyed

or lost; or

(B) the records for the contract are available but the

contracting officer, in collaboration with the certifying offi-

cial, has determined that a discrepancy is of such a minimal

value that the time and effort required to determine the

cause of an out-of-balance condition is disproportionate to

the amount of the discrepancy.

LOSEOUT

ERMS

.—The contracts described in subsection

(b) may be closed out—

(1) upon receipt of $581,803 from the contractor to be

deposited into the Treasury as miscellaneous receipts;

(2) without seeking further amounts from the contractor;

and

(3) without payment to the contractor of any amounts

that may be due under any such contracts.

(d) W

AIVER

UTHORITY

.—

(1) I

N GENERAL

.—The Secretary of the Navy is authorized

to waive any provision of acquisition law or regulation to carry

out the authority under subsection (a).

(2) N

OTIFICATION REQUIREMENT

.—The Secretary of the

Navy shall notify the congressional defense committees not

later than 10 days after exercising the authority under para-

graph (1). The notice shall include an identification of each

provision of law or regulation waived.

(e) A

DJUSTMENT AND

LOSURE OF

ECORDS

.—After closeout

of any contract described in subsection (b) using the authority

under this section, the payment or accounting offices concerned

may adjust and close any open finance and accounting records

relating to the contract.

(f) N

IABILITY

.—No liability shall attach to any accounting,

certifying, or payment official or contracting officer for any adjust-

ments or closeout made pursuant to the authority under this section.

(g) E

XPIRATION OF

UTHORITY

.—The authority under this sec-

tion shall expire upon receipt of the funds identified in subsection

(c)(1).

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130 STAT. 2288 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle D—Provisions Relating to Major

Defense Acquisition Programs

SEC. 841. CHANGE IN DATE OF SUBMISSION TO CONGRESS OF

SELECTED ACQUISITION REPORTS.

Section 2432(f) of title 10, United States Code, is amended

by striking ‘‘45’’ the first place it occurs and inserting ‘‘30’’.

SEC. 842. AMENDMENTS RELATING TO INDEPENDENT COST ESTI-

MATION AND COST ANALYSIS.

(a) A

MENDMENTS

.—Section 2334 of title 10, United States Code,

is amended—

(1) in subsection (a)(3), by striking ‘‘selection of confidence

levels’’ both places it appears and inserting ‘‘discussion of risk’’;

(2) in subsection (a)(6)—

(A) by inserting ‘‘or approve’’ after ‘‘conduct’’;

(B) by striking ‘‘major defense acquisition programs’’

and all that follows through ‘‘Authority—’’ and inserting

‘‘all major defense acquisition programs and major subpro-

grams—’’; and

request’’ and all that follows through the semicolon at

the end and inserting ‘‘, upon the request of the Under

Secretary of Defense for Acquisition, Technology, and Logis-

tics, or upon the request of the milestone decision

authority’’;

(3) by redesignating subsections (b), (c), (d), (e), and (f)

as subsections (c), (d), (e), (f), and (h), respectively;

(4) by inserting after subsection (a) the following new sub-

section (b):

‘‘(b) I

NDEPENDENT

OST

STIMATE

EQUIRED

EFORE

PPROVAL

.—(1) A milestone decision authority may not approve

entering a milestone phase of a major defense acquisition program

or major subprogram unless an independent cost estimate has been

conducted or approved by the Director of Cost Assessment and

Program Evaluation and considered by the milestone decision

authority that—

‘‘(A) for the technology maturation and risk reduction

phase, includes the identification and sensitivity analysis of

key cost drivers that may affect life-cycle costs of the program

or subprogram; and

‘‘(B) for the engineering and manufacturing development

phase, or production and deployment phase, includes a cost

estimate of the full life-cycle cost of the program or subprogram.

‘‘(2) The regulations governing the content and submission of

independent cost estimates required by subsection (a) shall require

that the independent cost estimate of the full life-cycle cost of

a program or subprogram include—

‘‘(A) all costs of development, procurement, military

construction, operations and support, and trained manpower

to operate, maintain, and support the program or subprogram

upon full operational deployment, without regard to funding

source or management control; and

‘‘(B) an analysis to support decisionmaking that identifies

and evaluates alternative courses of action that may reduce

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130 STAT. 2289 PUBLIC LAW 114–328—DEC. 23, 2016

cost and risk, and result in more affordable programs and

less costly systems.’’;

(5) in subsection (d), as so redesignated, in paragraph (3),

by striking ‘‘confidence level’’ and inserting ‘‘discussion of risk’’;

(6) in subsection (e), as so redesignated—

(A) by amending the subsection heading to read as

follows: ‘‘D

ISCUSSION OF

ISK IN

OST

STIMATES

.—’’;

(B) by amending paragraph (1) to read as follows:

‘‘(1) issue guidance requiring a discussion of risk, the poten-

tial impacts of risk on program costs, and approaches to miti-

gate risk in cost estimates for major defense acquisition pro-

grams and major subprograms;’’;

(i) by striking ‘‘such confidence level provides’’ and

inserting ‘‘cost estimates are developed, to the extent

practicable, based on historical actual cost information

that is based on demonstrated contractor and Govern-

ment performance and that such estimates provide’’;

and

(ii) by inserting ‘‘or subprogram’’ after ‘‘the pro-

gram’’; and

(D) in paragraph (3), by striking ‘‘disclosure required

by paragraph (1)’’ and inserting ‘‘information required in

the guidance under paragraph (1)’’; and

(7) by inserting after subsection (f), as so redesignated,

the following new subsection:

‘‘(g) G

UIDELINES AND

OLLECTION OF

OST

ATA

.—(1) The

Director of Cost Assessment and Program Evaluation shall, in

consultation with the Under Secretary of Defense for Acquisition,

Technology, and Logistics, develop policies, procedures, guidance,

and a collection method to ensure that quality acquisition cost

data are collected to facilitate cost estimation and comparison across

acquisition programs.

‘‘(2) The program manager and contracting officer for each

acquisition program in an amount greater than $100,000,000, in

consultation with the cost estimating component of the relevant

military department or Defense Agency, shall ensure that cost

data are collected in accordance with the requirements of paragraph

(1).

‘‘(3) The requirement under paragraph (1) may be waived only

by the Director of Cost Assessment and Program Evaluation.’’.

(b) C

ONFORMING

MENDMENTS TO

UBPROGRAMS

.—Section

2334 of such title is further amended—

(1) in subsection (a)(2), by inserting ‘‘or major subprogram’’

before ‘‘under chapter 144’’;

(2) in paragraphs (3), (4), and (5) of subsection (a) and

in subsection (c)(1) (as redesignated by subsection (a) of this

section), by striking ‘‘major defense acquisition programs and

major automated information system programs’’ and inserting

‘‘major defense acquisition programs and major subprograms’’

each place it appears;

(3) in paragraphs (1) and (2) of subsection (d) (as so redesig-

nated), and in subsection (f)(4) (as so redesignated), by striking

‘‘major defense acquisition program or major automated

information system program’’ and inserting ‘‘major defense

acquisition program or major subprogram’’ each place it

appears;

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130 STAT. 2290 PUBLIC LAW 114–328—DEC. 23, 2016

(4) in subsection (d)(4) (as so redesignated), by inserting

before the period ‘‘or major subprogram’’;

(5) in subsection (e)(3)(B) (as so redesignated), by inserting

‘‘or major subprogram’’ after ‘‘major defense acquisition pro-

gram’’; and

(6) in subsection (f)(3) (as so redesignated), by striking

‘‘major defense acquisition program and major automated

information system program’’ and inserting ‘‘major defense

acquisition program and major subprogram’’.

EPEAL

.—Chapter 144 of such title is amended—

(1) by striking section 2434; and

(2) in the table of sections at the beginning of such chapter,

by striking the item relating to such section.

SEC. 843. REVISIONS TO MILESTONE B DETERMINATIONS.

Section 2366b(a)(3) of title 10, United States Code, is

amended—

(1) in subparagraph (B), by striking ‘‘acquisition cost in’’

and all that follows through the semicolon, and inserting ‘‘life-

cycle cost;’’; and

(2) in subparagraph (D), by striking ‘‘funding is’’ and all

that follows through ‘‘made,’’ and inserting ‘‘funding is expected

to be available to execute the product development and produc-

tion plan for the program,’’.

SEC. 844. REVIEW AND REPORT ON SUSTAINMENT PLANNING IN THE

ACQUISITION PROCESS.

(a) R

EQUIREMENT FOR

EVIEW

.—The Secretary of Defense shall

conduct a review of the extent to which sustainment matters are

considered in decisions related to the requirements, research and

development, acquisition, cost estimating, and programming and

budgeting processes for major defense acquisition programs. The

review shall include the following:

(1) A determination of whether information related to the

operation and sustainment of major defense acquisition pro-

grams, including cost data and intellectual property require-

ments, is available to inform decisions made during those proc-

esses.

(2) If such information exists, an evaluation of the complete-

ness, timeliness, quality, and suitability of the information

for aiding in decisions made during those processes.

(3) A determination of whether information related to the

operation and sustainment of existing major weapon systems

is used to forecast the operation and sustainment needs of

major weapon systems proposed for or under development.

(4) A description of the potential benefits from improved

completeness, timeliness, quality, and suitability of data on

operation and support costs and increased consideration of such

data.

(5) Recommendations for improving access to, analyses of,

and consideration of operation and support cost data.

(6) An assessment of product support strategies for major

weapon systems required by section 2337 of title 10, United

States Code, or other similar life-cycle sustainment strategies,

including an evaluation of—

(A) the stage at which such strategies are developed

during the life of a major weapon system;

10 USC 2430

prec.

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130 STAT. 2291 PUBLIC LAW 114–328—DEC. 23, 2016

(B) the content and completeness of such strategies,

including whether such strategies address—

(i) all aspects of total life-cycle management of

a major weapon system, including product support,

logistics, product support engineering, supply chain

integration, maintenance, and software sustainment;

and

(ii) the capabilities, capacity, and resource con-

straints of the organic industrial base and the materiel

commands of the military department concerned;

ments are or should be incorporated into the acquisition

strategy required by section 2431a of title 10, United States

Code;

(D) the extent to which such strategies influence the

planning for major defense acquisition programs; and

(E) the extent to which such strategies influence

decisions related to the life-cycle management and product

support of major weapon systems.

(7) An assessment of how effectively the military depart-

ments consider sustainment matters at key decision points

for acquisition and life-cycle management in accordance with

the requirements of sections 2431a, 2366a, 2366b, and 2337

of title 10, United States Code, and section 832 of the National

Defense Authorization Act for Fiscal Year 2012 (Public Law

112–81; 10 U.S.C. 2430 note).

(8) Recommendations for improving the consideration of

sustainment during the requirements, acquisition, cost esti-

mating, programming and budgeting processes.

(9) An assessment of whether research and development

efforts and adoption of commercial technologies is prioritized

to reduce sustainment costs.

(10) An assessment of whether alternate financing methods,

including share-in-savings approaches, public-private partner-

ships, and energy savings performance contracts, could be used

to encourage the development and adoption of technologies

and practices that will reduce sustainment costs.

(11) An assessment of private sector best practices in

assessing and reducing sustainment costs for complex systems.

(b) A

GREEMENT

ITH

NDEPENDENT

NTITY

.—Not later than

60 days after the date of the enactment of this Act, the Secretary

shall enter into an agreement with an independent entity with

appropriate expertise to conduct the review required by subsection

(a). The Secretary shall ensure that the independent entity has

access to all data, information, and personnel required, and is

funded, to satisfactorily complete the review required by subsection

(a). The agreement also shall require the entity to provide to the

Secretary a report on the findings of the entity.

RIEFING

.—Not later than April 1, 2017, the Secretary shall

provide a briefing to the Committees on Armed Services of the

Senate and House of Representatives on the preliminary findings

of the independent entity.

(d) S

UBMISSION TO

ONGRESS

.—Not later than August 1, 2017,

the Secretary shall submit to the congressional defense committees

a copy of the report of the independent entity, along with comments

on the report, proposed revisions or clarifications to laws related

to lifecycle management or sustainment planning for major weapon

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130 STAT. 2292 PUBLIC LAW 114–328—DEC. 23, 2016

systems, and a description of any actions the Secretary may take

to revise or clarify regulations and practices related to life-cycle

management or sustainment planning for major weapon systems.

SEC. 845. REVISION TO DISTRIBUTION OF ANNUAL REPORT ON OPER-

ATIONAL TEST AND EVALUATION.

Section 139(h) of title 10, United States Code, is amended—

(1) in paragraph (2)—

(A) by inserting ‘‘the Secretaries of the military depart-

ments,’’ after ‘‘Logistics,’’; and

(B) by striking ‘‘10 days’’ and all that follows through

‘‘title 31’’ and inserting ‘‘January 31 of each year, through

January 31, 2021’’; and

(2) in paragraph (5), by inserting after ‘‘Secretary’’ the

following: ‘‘of Defense and the Secretaries of the military depart-

ments’’.

SEC. 846. REPEAL OF MAJOR AUTOMATED INFORMATION SYSTEMS

PROVISIONS.

Effective September 30, 2017—

(1) chapter 144A of title 10, United States Code, is repealed;

(2) the tables of chapters at the beginning of subtitle A

of such title, and at the beginning of part IV of subtitle A,

are amended by striking the item relating to chapter 144A;

and

(3) section 2334(a)(2) of title 10, United States Code, is

amended by striking ‘‘or a major automated information system

under chapter 144A of this title’’.

SEC. 847. REVISIONS TO DEFINITION OF MAJOR DEFENSE ACQUISI-

TION PROGRAM.

(a) I

ENERAL

.—Section 2430 of title 10, United States Code,

is amended in subsection (a)—

(1) by redesignating paragraphs (1) and (2) as subpara-

graphs (A) and (B), respectively;

(2) by striking ‘‘In this chapter’’ and inserting ‘‘(1) Except

as provided under paragraph (2), in this chapter’’; and

(3) by adding at the end the following new paragraph:

‘‘(2) In this chapter, the term ‘major defense acquisition pro-

gram’ does not include an acquisition program or project that is

carried out using the rapid fielding or rapid prototyping acquisition

pathway under section 804 of the National Defense Authorization

Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302

note).’’.

(b) A

NNUAL

EPORTING

.—The Secretary of Defense shall include

in each comprehensive annual Selected Acquisition Report sub-

mitted under section 2432 of title 10, United States Code, a listing

of all programs or projects being developed or procured under the

exceptions to the definition of major defense acquisition program

set forth in paragraph (2) of section 2430(a) of United States Code,

as added by subsection (a)(1)(C) of this section.

SEC. 848. ACQUISITION STRATEGY.

Section 2431a of title 10, United States Code, is amended—

(1) in subsection (b), by inserting ‘‘, or the milestone deci-

sion authority, when the milestone decision authority is the

service acquisition executive of the military department that

10 USC 2432

note.

10 USC 2445a

prec.,

2445a–2445d.

10 USC 101 prec.,

2201 prec.

10 USC 2334

note.

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130 STAT. 2293 PUBLIC LAW 114–328—DEC. 23, 2016

is managing the program,’’ after ‘‘the Under Secretary of

Defense for Acquisition, Technology, and Logistics’’;

(2) in subsection (c)—

(A) in paragraph (1), by inserting ‘‘, or the milestone

decision authority, when the milestone decision authority

is the service acquisition executive of the military depart-

ment that is managing the program,’’ after ‘‘the Under

Secretary’’; and

(B) in paragraph (2)(C), by striking ‘‘, in accordance

with section 2431b of this title’’; and

(3) in subsection (d)—

(A) in paragraph (1), by striking ‘‘(1) Subject to the

authority, direction, and control of the Under Secretary

of Defense for Acquisition, Technology, and Logistics, the’’

and inserting ‘‘The’’; and

(B) in paragraph (2), by inserting ‘‘because of a change

described in paragraph (1)(F)’’ after ‘‘for a program or

system’’.

SEC. 849. IMPROVED LIFE-CYCLE COST CONTROL.

(a) M

ODIFIED

UIDANCE FOR

APID

IELDING

ATHWAY

.—Sec-

tion 804(c)(3) of the National Defense Authorization Act for Fiscal

Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) is amended—

(1) in subparagraph (C), by striking ‘‘; and’’ and inserting

a semicolon;

(2) in subparagraph (D), by striking the period at the

end and inserting ‘‘; and’’; and

(3) by adding at the end the following new subparagraph:

‘‘(E) a process for identifying and exploiting opportuni-

ties to use the rapid fielding pathway to reduce total owner-

ship costs.’’.

(b) L

IFE

CYCLE

OST

ANAGEMENT

.—Section 805(2) of such

Act (Public Law 114–92; 10 U.S.C. 2302 note) is amended by

inserting ‘‘life-cycle cost management,’’ after ‘‘budgeting,’’.

USTAINMENT

EVIEWS

.—

(1) I

N GENERAL

.—Chapter 144 of title 10, United States

Code, is amended by adding at the end the following new

section:

‘‘§ 2441. Sustainment reviews

‘‘(a) I

ENERAL

.—The Secretary of each military department

shall conduct a sustainment review of each major weapon system

not later than five years after declaration of initial operational

capability of a major defense acquisition program and throughout

the life cycle of the weapon system to assess the product support

strategy, performance, and operation and support costs of the

weapon system. For any review after the first one, the Secretary

concerned shall use availability and reliability thresholds and cost

estimates as the basis for the circumstances that prompt such

a review. The results of the sustainment review shall be documented

in a memorandum by the relevant decision authority.

‘‘(b) E

LEMENTS

.—At a minimum, the review required under

subsection (a) shall include the following elements:

‘‘(1) An independent cost estimate for the remainder of

the life cycle of the program.

‘‘(2) A comparison of actual costs to the amount of funds

budgeted and appropriated in the previous five years, and

10 USC 2441.

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130 STAT. 2294 PUBLIC LAW 114–328—DEC. 23, 2016

if funding shortfalls exist, an explanation of the implications

on equipment availability.

‘‘(3) A comparison between the assumed and achieved

system reliabilities.

‘‘(4) An analysis of the most cost-effective source of repairs

and maintenance.

‘‘(5) An evaluation of the cost of consumables and depot-

level repairables.

‘‘(6) An evaluation of the costs of information technology,

networks, computer hardware, and software maintenance and

upgrades.

‘‘(7) As applicable, an assessment of the actual fuel effi-

ciencies compared to the projected fuel efficiencies as dem-

onstrated in tests or operations.

‘‘(8) As applicable, a comparison of actual manpower

requirements to previous estimates.

‘‘(9) An analysis of whether accurate and complete data

are being reported in the cost systems of the military depart-

ment concerned, and if deficiencies exist, a plan to update

the data and ensure accurate and complete data are submitted

in the future.

‘‘(c) C

OORDINATION

.—The review required under subsection (a)

shall be conducted in coordination with the requirements of section

2337 of this title and section 832 of the National Defense Authoriza-

tion Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2430

note).’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new item:

‘‘2441. Sustainment reviews.’’.

(d) C

OMMERCIAL

PERATIONAL AND

UPPORT

AVINGS

NITIA

TIVE

.—

(1) I

N GENERAL

.—The Secretary of Defense may establish

a commercial operational and support savings initiative to

improve readiness and reduce operations and support costs

by inserting existing commercial items or technology into mili-

tary legacy systems through the rapid development of proto-

types and fielding of production items based on current commer-

cial technology.

(2) P

ROGRAM PRIORITY

.—The commercial operational and

support savings initiative shall fund programs that—

(A) reduce the costs of owning and operating a military

system, including the costs of personnel, consumables,

goods and services, and sustaining the support and invest-

ment associated with the peacetime operation of a weapon

system;

(B) take advantage of the commercial sector’s techno-

logical innovations by inserting commercial technology into

fielded weapon systems; and

new technologies and concepts of operations.

(3) F

UNDING PHASES

.—

(A) I

N GENERAL

.—Projects funded under the commer-

cial operational and support savings initiative shall consist

of two phases, Phase I and Phase II.

10 USC 2337

note.

10 USC 2430

prec.

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130 STAT. 2295 PUBLIC LAW 114–328—DEC. 23, 2016

(B) P

HASE I

.—(i) Funds made available during Phase

I shall be used to perform the non-recurring engineering,

testing, and qualification that are typically needed to adapt

a commercial item or technology for use in a military

system.

(ii) Phase I shall include—

(I) establishment of cost and performance metrics

to evaluate project success;

(II) establishment of a transition plan and agree-

ment with a military department or Defense Agency

for adoption and sustainment of the technology or

system; and

(III) the development, fabrication, and delivery of

a demonstrated prototype to a military department

for installation into a fielded Department of Defense

system.

(iii) Programs shall be terminated if no agreement

is established within two years of project initiation.

(iv) The Office of the Secretary of Defense may provide

up to 50 percent of Phase I funding for a project. The

military department or Defense Agency concerned may pro-

vide the remainder of Phase I funding, which may be

provided out of operation and maintenance funding.

(v) Phase I funding shall not exceed three years.

(vi) Phase I projects shall be selected based on a merit-

based process using criteria to be established by the Sec-

retary of Defense.

HASE II

.—(i) Phase II shall include the purchase

of limited production quantities of the prototype kits and

transition to a program of record for continued

sustainment.

(ii) Phase II awards may be made without competition

if general solicitation competitive procedures were used

for the selection of parties for participation in a Phase

I project.

(iii) Phase II awards may be made as firm fixed-price

awards.

(4) T

REATMENT AS COMPETITIVE PROCEDURES

.—The use of

a merit-based process for selection of projects under the

commercial operational and support savings initiative shall be

considered to be the use of competitive procedures for purposes

of chapter 137 of title 10, United States Code.

SEC. 850. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF

ITEMS DELIVERED UNDER MAJOR DEFENSE ACQUISITION

PROGRAMS AS MAJOR SUBPROGRAMS FOR PURPOSES OF

ACQUISITION REPORTING.

Section 2430a(1)(B) of title 10, United States Code, is amended

by striking ‘‘major defense acquisition program to purchase sat-

ellites requires the delivery of satellites in two or more increments

or blocks’’ and inserting ‘‘major defense acquisition program requires

the delivery of two or more increments or blocks’’.

SEC. 851. REPORTING OF SMALL BUSINESS PARTICIPATION ON

DEPARTMENT OF DEFENSE PROGRAMS.

(a) R

EPORT

EQUIREMENT

.—Not later than March 31 of each

year, the Secretary of Defense shall submit to the congressional

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130 STAT. 2296 PUBLIC LAW 114–328—DEC. 23, 2016

defense committees a report covering the following matters for

the preceding fiscal year:

(1) For each prime contract goal established by section

15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)(A)),

the total value and percentage of prime contracts awarded

by the Department of Defense and attributed to each prime

contract goal for prime contracts awarded for major defense

acquisition programs.

(2) For each subcontract goal established by section

15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)(A)),

the total value and percentage of first tier subcontract awards

attributed to each subcontract goal for subcontracts awarded

in support of prime contracts awarded by the Department of

Defense for major defense acquisition programs.

(3) For the prime contract and subcontract goals negotiated

with the Department of Defense pursuant to section 15(g)(2)

of the Small Business Act (15 U.S.C. 644(g)(2))—

(A) the information reported by the Department of

Defense to the Small Business Administration pursuant

to section 15(h)(1) of the Small Business Act (15 U.S.C.

644(h)(1)); and

(B) the information required by subparagraph (A) cal-

culated after excluding—

(i) contracts awarded pursuant to chapter 85 of

title 41, United States Code (popularly referred to as

the Javits-Wagner-O’Day Act);

(ii) contracts awarded to the American Institute

in Taiwan;

(iii) contracts awarded and performed outside of

the United States;

(iv) acquisition on behalf of foreign governments,

entities, or international organizations; and

(v) contracts for major defense acquisition pro-

grams.

(b) S

UNSET

.—The requirement to submit a report under sub-

section (a) shall not apply after the Secretary submits the report

covering fiscal year 2020.

SEC. 852. WAIVER OF CONGRESSIONAL NOTIFICATION FOR ACQUISI-

TION OF TACTICAL MISSILES AND MUNITIONS GREATER

THAN QUANTITY SPECIFIED IN LAW.

Section 2308(c) of title 10, United States Code, is amended—

(1) by inserting ‘‘(1)’’ before ‘‘The head’’;

(2) by inserting ‘‘, except as provided in paragraph (2),’’

after ‘‘but’’; and

(3) by adding at the end the following new paragraph:

‘‘(2) A notification is not required under paragraph (1) if the

end item being acquired in a higher quantity is an end item under

a tactical missile program or a munitions program.’’.

SEC. 853. MULTIPLE PROGRAM MULTIYEAR CONTRACT PILOT DEM-

ONSTRATION PROGRAM.

(a) A

UTHORITY

.—The Secretary of Defense may conduct a

multiyear contract, over a period of up to four years, for the pur-

chase of units for multiple defense programs that are produced

at common facilities at a high rate, and which maximize com-

monality, efficiencies, and quality, in order to provide maximum

benefit to the Department of Defense. Contracts awarded under

10 USC 2306b

note.

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130 STAT. 2297 PUBLIC LAW 114–328—DEC. 23, 2016

this section should allow for significant savings, as determined

consistent with the authority under section 2306b of title 10, United

States Code, to be achieved as compared to using separate annual

contracts under individual programs to purchase such units, and

may include flexible delivery across the overall period of perform-

ance.

(b) S

COPE

.—The contracts authorized in subsection (a) shall

at a minimum provide for the acquisition of units from three discrete

programs from two of the military departments.

OCUMENTATION

.—Each contract awarded under subsection

(a) shall include the documentation required to be provided for

a multiyear contract proposal under section 2306b(i) of title 10.

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘high rate’’ means total annual production

across the multiple defense programs of more than 200 end-

items per year.

(2) The term ‘‘common facilities’’ means production facilities

operating within the same general and allowable rate structure.

(e) S

UNSET

.—No new contracts may be awarded under the

authority of this section after September 30, 2021.

SEC. 854. KEY PERFORMANCE PARAMETER REDUCTION PILOT PRO-

GRAM.

(a) I

ENERAL

.—The Secretary of Defense may carry out a

pilot program under which the Secretary may identify at least

one acquisition program in each military department for reduction

of the total number of key performance parameters established

for the program, for purposes of determining whether operational

and programmatic outcomes of the program are improved by such

reduction.

(b) L

IMITATION ON

ERFORMANCE

ARAMETERS

.—Any

acquisition program identified for the pilot program carried out

under subsection (a) shall establish no more than three key perform-

ance parameters, each of which shall describe a program-specific

performance attribute. Any key performance parameters for such

a program that are required by statute shall be treated as key

system attributes.

SEC. 855. MISSION INTEGRATION MANAGEMENT.

(a) I

ENERAL

.—The Secretary of Defense shall establish mis-

sion integration management activities for each mission area speci-

fied in subsection (b).

(b) C

OVERED

ISSION

REAS

.—The mission areas specified in

this subsection are mission areas that involve multiple Armed

Forces and multiple programs and, at a minimum, include the

following:

(1) Close air support.

(2) Air defense and offensive and defensive counter-air.

(3) Interdiction.

(4) Intelligence, surveillance, and reconnaissance.

(5) Any other overlapping mission area of significance, as

jointly designated by the Deputy Secretary of Defense and

the Vice Chairman of the Joint Chiefs of Staff for purposes

of this subsection.

UALIFICATIONS

.—Mission integration management activi-

ties shall be performed by qualified personnel from the acquisition

and operational communities.

10 USC 2358

note.

10 USC 2302

note.

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130 STAT. 2298 PUBLIC LAW 114–328—DEC. 23, 2016

(d) R

ESPONSIBILITIES

.—The mission integration management

activities for a mission area under this section shall include—

(1) development of technical infrastructure for engineering,

analysis, and test, including data, modeling, analytic tools,

and simulations;

(2) the conduct of tests, demonstrations, exercises, and

focused experiments for compelling challenges and opportuni-

ties;

(3) overseeing the implementation of section 2446c of title

10, United States Code;

(4) sponsoring and overseeing research on and development

of (including tests and demonstrations) automated tools for

composing systems of systems on demand;

(5) developing mission-based inputs for the requirements

process, assessment of concepts, prototypes, design options,

budgeting and resource allocation, and program and portfolio

management; and

(6) coordinating with commanders of the combatant com-

mands on the development of concepts of operation and oper-

ational plans.

(e) S

COPE

.—The mission integration management activities for

a mission area under this subsection shall extend to the supporting

elements for the mission area, such as communications, command

and control, electronic warfare, and intelligence.

(f) F

UNDING

.—There is authorized to be made available

annually such amounts as the Secretary of Defense determines

appropriate from the Rapid Prototyping Fund established under

section 804(d) of the National Defense Authorization Act for Fiscal

Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) for mission

integration management activities listed in subsection (d).

(g) S

TRATEGY

.—The Secretary of Defense shall submit to the

congressional defense committees, at the same time as the budget

for the Department of Defense for fiscal year 2018 is submitted

to Congress pursuant to section 1105 of title 31, United States

Code, a strategy for mission integration management, including

a resourcing strategy for mission integration managers to carry

out the responsibilities specified in this section.

Subtitle E—Provisions Relating to

Acquisition Workforce

SEC. 861. PROJECT MANAGEMENT.

(a) D

EPUTY

IRECTOR FOR

ANAGEMENT

.—

(1) A

DDITIONAL FUNCTIONS

.—Section 503 of title 31, United

States Code, is amended by adding at the end the following:

‘‘(c) P

ROGRAM AND

ROJECT

ANAGEMENT

.—

‘‘(1) R

EQUIREMENT

.—Subject to the direction and approval

of the Director, the Deputy Director for Management or a

designee shall—

‘‘(A) adopt governmentwide standards, policies, and

guidelines for program and project management for execu-

tive agencies;

‘‘(B) oversee implementation of program and project

management for the standards, policies, and guidelines

established under subparagraph (A);

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130 STAT. 2299 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(C) chair the Program Management Policy Council

established under section 1126(b);

‘‘(D) establish standards and policies for executive

agencies, consistent with widely accepted standards for

program and project management planning and delivery;

‘‘(E) engage with the private sector to identify best

practices in program and project management that would

improve Federal program and project management;

‘‘(F) conduct portfolio reviews to address programs

identified as high risk by the Government Accountability

Office;

‘‘(G) not less than annually, conduct portfolio reviews

of agency programs in coordination with Project Manage-

ment Improvement Officers designated under section

1126(a)(1) to assess the quality and effectiveness of pro-

gram management; and

‘‘(H) establish a 5-year strategic plan for program and

project management.

‘‘(2) A

PPLICATION TO DEPARTMENT OF DEFENSE

.—Paragraph

(1) shall not apply to the Department of Defense to the extent

that the provisions of that paragraph are substantially similar

to or duplicative of—

‘‘(A) the provisions of chapter 87 of title 10; or

‘‘(B) policy, guidance, or instruction of the Department

related to program management.’’.

(2) D

EADLINE FOR STANDARDS

POLICIES

AND GUIDELINES

.—

Not later than 1 year after the date of enactment of this

Act, the Deputy Director for Management of the Office of

Management and Budget shall issue the standards, policies,

and guidelines required under section 503(c) of title 31, United

States Code, as added by paragraph (1).

(3) R

EGULATIONS

.—Not later than 90 days after the date

on which the standards, policies, and guidelines are issued

under paragraph (2), the Deputy Director for Management of

the Office of Management and Budget, in consultation with

the Program Management Policy Council established under

section 1126(b) of title 31, United States Code, as added by

subsection (b)(1), and the Director of the Office of Management

and Budget, shall issue any regulations as are necessary to

implement the requirements of section 503(c) of title 31, United

States Code, as added by paragraph (1).

(b) P

ROGRAM

ANAGEMENT

MPROVEMENT

FFICERS AND

GRAM

ANAGEMENT

OLICY

OUNCIL

.—

(1) A

MENDMENT

.—Chapter 11 of title 31, United States

Code, is amended by adding at the end the following:

‘‘§ 1126. Program Management Improvement Officers and

Program Management Policy Council

‘‘(a) P

ROGRAM

ANAGEMENT

MPROVEMENT

FFICERS

.—

‘‘(1) D

ESIGNATION

.—The head of each agency described in

section 901(b) shall designate a senior executive of the agency

as the Program Management Improvement Officer of the

agency.

‘‘(2) F

UNCTIONS

.—The Program Management Improvement

Officer of an agency designated under paragraph (1) shall—

‘‘(A) implement program management policies estab-

lished by the agency under section 503(c); and

31 USC 503 note.

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130 STAT. 2300 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(B) develop a strategy for enhancing the role of pro-

gram managers within the agency that includes the fol-

lowing:

‘‘(i) Enhanced training and educational opportuni-

ties for program managers that shall include—

‘‘(I) training in the relevant competencies

encompassed with program and project manager

within the private sector for program managers;

and

‘‘(II) training that emphasizes cost contain-

ment for large projects and programs.

‘‘(ii) Mentoring of current and future program man-

agers by experienced senior executives and program

managers within the agency.

‘‘(iii) Improved career paths and career opportuni-

ties for program managers.

‘‘(iv) A plan to encourage the recruitment and

retention of highly qualified individuals to serve as

program managers.

‘‘(v) Improved means of collecting and dissemi-

nating best practices and lessons learned to enhance

program management across the agency.

‘‘(vi) Common templates and tools to support

improved data gathering and analysis for program

management and oversight purposes.

‘‘(3) A

PPLICATION TO DEPARTMENT OF DEFENSE

.—This sub-

section shall not apply to the Department of Defense to the

extent that the provisions of this subsection are substantially

similar to or duplicative of the provisions of chapter 87 of

title 10. For purposes of paragraph (1), the Under Secretary

of Defense for Acquisition, Technology, and Logistics (or a des-

ignee of the Under Secretary) shall be considered the Program

Management Improvement Officer.

‘‘(b) P

ROGRAM

ANAGEMENT

OLICY

OUNCIL

.—

‘‘(1) E

STABLISHMENT

.—There is established in the Office

of Management and Budget a council to be known as the

‘Program Management Policy Council’ (in this subsection

referred to as the ‘Council’).

‘‘(2) P

URPOSE AND FUNCTIONS

.—The Council shall act as

the principal interagency forum for improving agency practices

related to program and project management. The Council

shall—

‘‘(A) advise and assist the Deputy Director for Manage-

ment of the Office of Management and Budget;

‘‘(B) review programs identified as high risk by the

Government Accountability Office and make recommenda-

tions for actions to be taken by the Deputy Director for

Management of the Office of Management and Budget or

a designee;

‘‘(C) discuss topics of importance to the workforce,

including—

‘‘(i) career development and workforce development

needs;

‘‘(ii) policy to support continuous improvement in

program and project management; and

‘‘(iii) major challenges across agencies in managing

programs;

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130 STAT. 2301 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(D) advise on the development and applicability of

standards governmentwide for program management trans-

parency; and

‘‘(E) review the information published on the website

of the Office of Management and Budget pursuant to sec-

tion 1122.

‘‘(3) M

EMBERSHIP

.—

‘‘(A) C

OMPOSITION

.—The Council shall be composed of

the following members:

‘‘(i) Five members from the Office of Management

and Budget as follows:

‘‘(I) The Deputy Director for Management.

‘‘(II) The Administrator of the Office of Elec-

tronic Government.

‘‘(III) The Administrator of Federal Procure-

ment Policy.

‘‘(IV) The Controller of the Office of Federal

Financial Management.

‘‘(V) The Director of the Office of Performance

and Personnel Management.

‘‘(ii) The Program Management Improvement

Officer from each agency described in section 901(b).

‘‘(iii) Any other full-time or permanent part-time

officer or employee of the Federal Government or

member of the Armed Forces designated by the Chair-

person.

‘‘(B) C

HAIRPERSON AND VICE CHAIRPERSON

.—

‘‘(i) I

N GENERAL

.—The Deputy Director for Manage-

ment of the Office of Management and Budget shall

be the Chairperson of the Council. A Vice Chairperson

shall be elected by the members and shall serve a

term of not more than 1 year.

‘‘(ii) D

UTIES

.—The Chairperson shall preside at the

meetings of the Council, determine the agenda of the

Council, direct the work of the Council, and establish

and direct subgroups of the Council as appropriate.

‘‘(4) M

EETINGS

.—The Council shall meet not less than twice

per fiscal year and may meet at the call of the Chairperson

or a majority of the members of the Council.

‘‘(5) S

UPPORT

.—The head of each agency with a Project

Management Improvement Officer serving on the Council shall

provide administrative support to the Council, as appropriate,

at the request of the Chairperson.’’.

(2) R

EPORT REQUIRED

.—Not later than 1 year after the

date of the enactment of this Act, the Director of the Office

of Management and Budget, in consultation with each Program

Management Improvement Officer designated under section

1126(a)(1) of title 31, United States Code, shall submit to

Congress a report containing the strategy developed under sec-

tion 1126(a)(2)(B) of such title, as added by paragraph (1).

ROGRAM AND

ROJECT

ANAGEMENT

ERSONNEL

TAND

ARDS

.—

(1) D

EFINITION

.—In this subsection, the term ‘‘agency’’

means each agency described in section 901(b) of title 31, United

States Code, other than the Department of Defense.

(2) R

EGULATIONS REQUIRED

.—Not later than 180 days after

the date on which the standards, policies, and guidelines are

31 USC 1126

note.

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130 STAT. 2302 PUBLIC LAW 114–328—DEC. 23, 2016

issued under section 503(c) of title 31, United States Code,

as added by subsection (a)(1), the Director of the Office of

Personnel Management, in consultation with the Director of

the Office of Management and Budget, shall issue regulations

that—

(A) identify key skills and competencies needed for

a program and project manager in an agency;

(B) establish a new job series, or update and improve

an existing job series, for program and project management

within an agency; and

managers within an agency.

(d) GAO R

EPORT ON

FFECTIVENESS OF

OLICIES ON

ROGRAM

AND

ROJECT

ANAGEMENT

.—Not later than 3 years after the date

of enactment of this Act, the Comptroller General of the United

States shall issue, in conjunction with the high risk list of the

Government Accountability Office, a report examining the effective-

ness of the following on improving Federal program and project

management:

(1) The standards, policies, and guidelines for program

and project management issued under section 503(c) of title

31, United States Code, as added by subsection (a)(1).

(2) The 5-year strategic plan established under section

503(c)(1)(H) of title 31, United States Code, as added by sub-

section (a)(1).

(3) Program Management Improvement Officers designated

under section 1126(a)(1) of title 31, United States Code, as

added by subsection (b)(1).

(4) The Program Management Policy Council established

under section 1126(b)(1) of title 31, United States Code, as

added by subsection (b)(1).

SEC. 862. AUTHORITY TO WAIVE TENURE REQUIREMENT FOR PRO-

GRAM MANAGERS FOR PROGRAM DEFINITION AND PRO-

GRAM EXECUTION PERIODS.

(a) P

ROGRAM

EFINITION

ERIOD

.—Section 826(e) of the

National Defense Authorization Act for Fiscal Year 2016 (Public

Law 114–92) is amended by striking ‘‘The Secretary may waive’’

and inserting ‘‘The service acquisition executive, in the case of

a major defense acquisition program of a military department,

or the Under Secretary of Defense for Acquisition, Technology,

and Logistics, in the case of a Defense-wide or Defense Agency

major defense acquisition program, may waive’’.

(b) P

ROGRAM

XECUTION

ERIOD

.—Section 827(e) of the

National Defense Authorization Act for Fiscal Year 2016 (Public

Law 114–92) is amended by striking ‘‘The immediate supervisor

of a program manager for a major defense acquisition program

may waive’’ and inserting ‘‘The service acquisition executive, in

the case of a major defense acquisition program of a military depart-

ment, or the Under Secretary of Defense for Acquisition, Technology,

and Logistics, in the case of a Defense-wide or Defense Agency

major defense acquisition program, may waive’’.

SEC. 863. PURPOSES FOR WHICH THE DEPARTMENT OF DEFENSE

ACQUISITION WORKFORCE DEVELOPMENT FUND MAY BE

USED; ADVISORY PANEL AMENDMENTS.

(a) I

ENERAL

.—Section 1705 of title 10, United States Code,

is amended—

10 USC 2430

note.

10 USC 2430

note.

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130 STAT. 2303 PUBLIC LAW 114–328—DEC. 23, 2016

(1) in subsection (e)—

(A) in paragraph (1), by inserting ‘‘and to develop

acquisition tools and methodologies, and undertake

research and development activities, leading to acquisition

policies and practices that will improve the efficiency and

effectiveness of defense acquisition efforts’’ after ‘‘workforce

of the Department’’; and

(B) in paragraph (4), by striking ‘‘other than for the

purpose of’’ and all that follows through the period at

the end and inserting ‘‘other than for the purposes of—

‘‘(A) providing advanced training to Department of

Defense employees;

‘‘(B) developing acquisition tools and methodologies and

performing research on acquisition policies and best prac-

tices that will improve the efficiency and effectiveness of

defense acquisition efforts; and

‘‘(C) supporting human capital and talent management

of the acquisition workforce, including benchmarking

studies, assessments, and requirements planning.’’; and

(2) in subsection (f), by striking ‘‘Each report shall include’’

and all that follows through the period at the end of paragraph

(5).

(b) T

ECHNICAL

MENDMENTS

.—Such section is further

amended—

(1) in subsection (d)(2)(C), by striking ‘‘in each’’ and

inserting ‘‘in such’’;

(2) in subsection (f)—

(A) by striking ‘‘Not later than 120 days after the

end of each fiscal year’’ and inserting ‘‘Not later than

February 1 each year’’; and

(B) by striking ‘‘such fiscal year’’ the first place it

appears and inserting ‘‘the preceding fiscal year’’; and

(3) in subsection (g)(1)—

(A) by striking ‘‘of of’’ and inserting ‘‘of’’; and

(B) by striking ‘‘, as defined in subsection (h),’’.

IMITATION ON

VAILABILITY OF

UNDS FOR

ERTAIN

POSES

.—Of the amounts authorized to be appropriated by this Act

or otherwise made available for fiscal year 2017, not more than

$35,000,000 may be obligated or expended for the purposes set

forth in subparagraphs (B) and (C) of section 1705(e)(4) of title

10, United States Code, as added by subsection (a).

(d) A

MENDMENTS TO

DVISORY

ANEL ON

TREAMLINING AND

ODIFYING

CQUISITION

EGULATIONS

.—Section 809 of the National

Defense Authorization Act for Fiscal Year 2016 (Public Law 114–

92; 129 Stat. 889) is amended—

(1) by amending subsection (a) to read as follows:

‘‘(a) E

STABLISHMENT

.—The Secretary of Defense shall establish

an independent advisory panel on streamlining acquisition regula-

tions. The panel shall be supported by the Defense Acquisition

University and the National Defense University, including adminis-

trative support.’’; and

(2) in subsection (d)—

(A) in paragraph (1), by striking ‘‘and analysis’’ and

inserting ‘‘, analysis, and logistics support’’; and

(B) by adding at the end the following new paragraph:

‘‘(3) A

UTHORITIES

.—The panel shall have the authorities

provided in section 3161 of title 5, United States Code.’’.

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130 STAT. 2304 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 864. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

DEVELOPMENT FUND DETERMINATION ADJUSTMENT.

(a) C

REDIT TO

APID

ROTOTYPING

UND

.—Notwithstanding

section 1705(d)(2)(B) of title 10, United States Code, of the funds

credited to the Department of Defense Acquisition Workforce

Development Fund in fiscal year 2017 pursuant to such section,

$225,000,000 shall be transferred to the Rapid Prototyping Fund

established under section 804(d) of the National Defense Authoriza-

tion Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302

note). Of the $225,000,000 so transferred, $75,000,000 shall be

credited to each of the military department-specific funds estab-

lished under section 804(d)(2) of such Act (as added by section

897 of this Act).

(b) T

ECHNICAL AND

ONFORMING

MENDMENTS

.—Section

804(d)(1) of the National Defense Authorization Act for Fiscal Year

2016 (Public Law 114–92; 10 U.S.C. 2302 note) is amended—

(1) in the first sentence, by inserting a comma after ‘‘may

be available’’;

(2) at the end of the first sentence, by inserting before

the period the following: ‘‘and other purposes specified in law’’;

and

(3) in the last sentence, by striking ‘‘shall consist of’’ and

all that follows through ‘‘this Act.’’ and inserting the following:

‘‘shall consist of—

‘‘(i) amounts appropriated to the Fund;

‘‘(ii) amounts credited to the Fund pursuant to

section 828 of this Act; and

‘‘(iii) any other amounts appropriated to, credited

to, or transferred to the Fund.’’.

SEC. 865. LIMITATIONS ON FUNDS USED FOR STAFF AUGMENTATION

CONTRACTS AT MANAGEMENT HEADQUARTERS OF THE

DEPARTMENT OF DEFENSE AND THE MILITARY DEPART-

MENTS.

(a) L

IMITATIONS

.—

(1) F

OR FISCAL YEARS 2017 AND 2018

.—The total amount

obligated by the Department of Defense for fiscal year 2017

or 2018 for contract services for staff augmentation contracts

at management headquarters of the Department and the mili-

tary departments may not exceed an amount equal to the

aggregate amount expended by the Department for contract

services for staff augmentation contracts at management head-

quarters of the Department and the military departments in

fiscal year 2016 adjusted for net transfers from funding for

overseas contingency operations (in this subsection referred

to as the ‘‘fiscal year 2016 staff augmentation contracts funding

amount’’).

(2) F

OR FISCAL YEARS 2018 THROUGH 2022

.—The total amount

obligated by the Department for any fiscal year after fiscal

year 2018 and before fiscal year 2023 for contract services

for staff augmentation contracts at management headquarters

of the Department and the military departments may not

exceed an amount equal to 75 percent of the fiscal year 2016

staff augmentation contracts funding amount.

(b) D

EFINITIONS

.—In this section:

(1) The term ‘‘contract services’’ has the meaning given

that term in section 235 of title 10, United States Code.

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130 STAT. 2305 PUBLIC LAW 114–328—DEC. 23, 2016

(2) The term ‘‘staff augmentation contracts’’ means services

contracts for personnel who are physically present in a Govern-

ment work space on a full-time or permanent part-time basis,

for the purpose of advising on, providing support to, or assisting

a Government agency in the performance of the agency’s mis-

sions, including authorized personal services contracts (as that

term is defined in section 2330a(g)(5) of title 10, United States

Code).

SEC. 866. SENIOR MILITARY ACQUISITION ADVISORS IN THE DEFENSE

ACQUISITION CORPS.

(a) P

OSITIONS

.—

(1) I

N GENERAL

.—Subchapter II of chapter 87 of title 10,

United States Code, is amended by adding at the end the

following new section:

‘‘§ 1725. Senior Military Acquisition Advisors

‘‘(a) P

OSITION

.—

‘‘(1) I

N GENERAL

.—The Secretary of Defense may establish

in the Defense Acquisition Corps a position to be known as

‘Senior Military Acquisition Advisor’.

‘‘(2) A

PPOINTMENT

.—A Senior Military Acquisition Advisor

shall be appointed by the President, by and with the advice

and consent of the Senate.

‘‘(3) S

COPE OF POSITION

.—An officer who is appointed as

a Senior Military Acquisition Advisor—

‘‘(A) shall serve as an advisor to, and provide senior

level acquisition expertise to, the service acquisition execu-

tive of that officer’s military department in accordance

with this section; and

‘‘(B) shall be assigned as an adjunct professor at the

Defense Acquisition University.

‘‘(b) C

ONTINUATION ON

CTIVE

UTY

.—An officer who is

appointed as a Senior Military Acquisition Advisor may continue

on active duty while serving in such position without regard to

any mandatory retirement date that would otherwise be applicable

to that officer by reason of years of service or age. An officer

who is continued on active duty pursuant to this section is not

eligible for consideration for selection for promotion.

‘‘(c) R

ETIRED

RADE

.—Upon retirement, an officer who is a

Senior Military Acquisition Advisor may, in the discretion of the

President, be retired in the grade of brigadier general or rear

admiral (lower half) if—

‘‘(1) the officer has served as a Senior Military Acquisition

Advisor for a period of not less than three years; and

‘‘(2) the officer’s service as a Senior Military Acquisition

Advisor has been distinguished.

‘‘(d) S

ELECTION AND

ENURE

.—

‘‘(1) I

N GENERAL

.—Selection of an officer for recommenda-

tion for appointment as a Senior Military Acquisition Advisor

shall be made competitively, and shall be based upon dem-

onstrated experience and expertise in acquisition.

‘‘(2) O

FFICERS ELIGIBLE

.—Officers shall be selected for rec-

ommendation for appointment as Senior Military Acquisition

Advisors from among officers of the Defense Acquisition Corps

who are serving in the grade of colonel or, in the case of

the Navy, captain, and who have at least 12 years of acquisition

10 USC 1725.

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130 STAT. 2306 PUBLIC LAW 114–328—DEC. 23, 2016

experience. An officer selected for recommendation for appoint-

ment as a Senior Military Acquisition Advisor shall have at

least 30 years of active commissioned service at the time of

appointment.

‘‘(3) T

ERM

.—The appointment of an officer as a Senior

Military Acquisition Advisor shall be for a term of not longer

than five years.

‘‘(e) L

IMITATION

.—

‘‘(1) L

IMITATION ON NUMBER AND DISTRIBUTION

.—There may

not be more than 15 Senior Military Acquisition Advisors at

any time, of whom—

‘‘(A) not more than five may be officers of the Army;

‘‘(B) not more than five may be officers of the Navy

and Marine Corps; and

‘‘(C) not more than five may be officers of the Air

Force.

‘‘(2) N

UMBER IN EACH MILITARY DEPARTMENT

.—Subject to

paragraph (1), the number of Senior Military Acquisition

Advisors for each military department shall be as required

and identified by the service acquisition executive of such mili-

tary department and approved by the Under Secretary of

Defense for Acquisition, Technology, and Logistics.

‘‘(f) A

DVICE TO

ERVICE

CQUISITION

XECUTIVE

.—An officer

who is a Senior Military Acquisition Advisor shall have as the

officer’s primary duty providing strategic, technical, and pro-

grammatic advice to the service acquisition executive of the officer’s

military department on matters pertaining to the Defense Acquisi-

tion System, including matters pertaining to procurement, research

and development, advanced technology, test and evaluation, produc-

tion, program management, systems engineering, and lifecycle logis-

tics.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of subchapter II of chapter 87 of such title is amended

by adding at the end the following new item:

‘‘1725. Senior Military Acquisition Advisors.’’.

(b) E

XCLUSION

ROM

FFICER

RADE

STRENGTH

IMITATIONS

.—

Section 523(b) of such title is amended by adding at the end the

following new paragraph:

‘‘(9) Officers who are Senior Military Acquisition Advisors

under section 1725 of this title, but not to exceed 15.’’.

SEC. 867. AUTHORITY OF THE SECRETARY OF DEFENSE UNDER THE

ACQUISITION DEMONSTRATION PROJECT.

(a) A

MENDMENT

.—Section 1762(b) of title 10, United States

Code, is amended by adding at the end the following new paragraph:

‘‘(4) The Secretary of Defense shall exercise the authorities

granted to the Office of Personnel Management under section

4703 of title 5 for purposes of the demonstration project author-

ized under this section.’’.

(b) E

FFECTIVE

ATE

.—Paragraph (4) of section 1762(b) of title

10, United States Code, as added by subsection (a), shall take

effect on the first day of the first month beginning 60 days after

the date of the enactment of this Act.

10 USC 1762

note.

10 USC 1721

prec.

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130 STAT. 2307 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle F—Provisions Relating to

Commercial Items

SEC. 871. MARKET RESEARCH FOR DETERMINATION OF PRICE

REASONABLENESS IN ACQUISITION OF COMMERCIAL

ITEMS.

Section 2377 of title 10, United States Code, is amended—

(1) by redesignating subsection (d) as subsection (e), and

in that subsection by striking ‘‘subsection (c)’’ and inserting

‘‘subsections (c) and (d)’’; and

(2) by inserting after subsection (c) the following new sub-

section (d):

‘‘(d) M

ARKET

ESEARCH FOR

RICE

NALYSIS

.—The Secretary

of Defense shall ensure that procurement officials in the Depart-

ment of Defense conduct or obtain market research to support

the determination of the reasonableness of price for commercial

items contained in any bid or offer submitted in response to an

agency solicitation. To the extent necessary to support such market

research, the procurement official for the solicitation—

‘‘(1) in the case of items acquired under section 2379 of

this title, shall use information submitted under subsection

(d) of that section; and

‘‘(2) in the case of other items, may require the offeror

to submit relevant information.’’.

SEC. 872. VALUE ANALYSIS FOR THE DETERMINATION OF PRICE

REASONABLENESS.

Subsection 2379(d) of title 10, United States Code, is amended—

(1) by redesignating paragraph (2) as paragraph (3); and

(2) by inserting after paragraph (1) the following new para-

graph (2):

‘‘(2) An offeror may submit information or analysis relating

to the value of a commercial item to aid in the determination

of the reasonableness of the price of such item. A contracting

officer may consider such information or analysis in addition to

the information submitted pursuant to paragraphs (1)(A) and

(1)(B).’’.

SEC. 873. CLARIFICATION OF REQUIREMENTS RELATING TO COMMER-

CIAL ITEM DETERMINATIONS.

Paragraphs (1) and (2) of section 2380 of title 10, United

States Code, are amended to read as follows:

‘‘(1) establish and maintain a centralized capability with

necessary expertise and resources to provide assistance to the

military departments and Defense Agencies in making commer-

cial item determinations, conducting market research, and per-

forming analysis of price reasonableness for the purposes of

procurements by the Department of Defense; and

‘‘(2) provide to officials of the Department of Defense access

to previous Department of Defense commercial item determina-

tions, market research, and analysis used to determine the

reasonableness of price for the purposes of procurements by

the Department of Defense.’’.

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130 STAT. 2308 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 874. INAPPLICABILITY OF CERTAIN LAWS AND REGULATIONS TO

THE ACQUISITION OF COMMERCIAL ITEMS AND COMMER-

CIALLY AVAILABLE OFF-THE-SHELF ITEMS.

(a) A

MENDMENT TO

ITLE

10, U

NITED

TATES

ODE

.—Section

2375 of title 10, United States Code, is amended to read as follows:

‘‘§ 2375. Relationship of commercial item provisions to other

provisions of law

‘‘(a) A

PPLICABILITY OF

OVERNMENT

WIDE

TATUTES

.—(1) No

contract for the procurement of a commercial item entered into

by the head of an agency shall be subject to any law properly

listed in the Federal Acquisition Regulation pursuant to section

1906(b) of title 41.

‘‘(2) No subcontract under a contract for the procurement of

a commercial item entered into by the head of an agency shall

be subject to any law properly listed in the Federal Acquisition

Regulation pursuant to section 1906(c) of title 41.

‘‘(3) No contract for the procurement of a commercially available

off-the-shelf item entered into by the head of an agency shall

be subject to any law properly listed in the Federal Acquisition

Regulation pursuant to section 1907 of title 41.

‘‘(b) A

PPLICABILITY OF

EFENSE

UNIQUE

TATUTES TO

TRACTS FOR

OMMERCIAL

TEMS

.—(1) The Defense Federal Acquisi-

tion Regulation Supplement shall include a list of defense-unique

provisions of law and of contract clause requirements based on

government-wide acquisition regulations, policies, or executive

orders not expressly authorized in law that are inapplicable to

contracts for the procurement of commercial items. A provision

of law or contract clause requirement properly included on the

list pursuant to paragraph (2) does not apply to purchases of

commercial items by the Department of Defense. This section does

not render a provision of law or contract clause requirement not

included on the list inapplicable to contracts for the procurement

of commercial items.

‘‘(2) A provision of law or contract clause requirement described

in subsection (e) that is enacted after January 1, 2015, shall be

included on the list of inapplicable provisions of law and contract

clause requirements required by paragraph (1) unless the Under

Secretary of Defense for Acquisition, Technology, and Logistics

makes a written determination that it would not be in the best

interest of the Department of Defense to exempt contracts for

the procurement of commercial items from the applicability of the

provision or contract clause requirement.

‘‘(c) A

PPLICABILITY OF

EFENSE

UNIQUE

TATUTES TO

CONTRACTS FOR

OMMERCIAL

TEMS

.—(1) The Defense Federal

Acquisition Regulation Supplement shall include a list of provisions

of law and of contract clause requirements based on government-

wide acquisition regulations, policies, or executive orders not

expressly authorized in law that are inapplicable to subcontracts

under a Department of Defense contract or subcontract for the

procurement of commercial items. A provision of law or contract

clause requirement properly included on the list pursuant to para-

graph (2) does not apply to those subcontracts. This section does

not render a provision of law or contract clause requirement not

included on the list inapplicable to subcontracts under a contract

for the procurement of commercial items.

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130 STAT. 2309 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) A provision of law or contract clause requirement described

in subsection (e) shall be included on the list of inapplicable provi-

sions of law and contract clause requirements required by para-

graph (1) unless the Under Secretary of Defense for Acquisition,

Technology, and Logistics makes a written determination that it

would not be in the best interest of the Department of Defense

to exempt subcontracts under a contract for the procurement of

commercial items from the applicability of the provision or contract

clause requirement.

‘‘(3) In this subsection, the term ‘subcontract’ includes a transfer

of commercial items between divisions, subsidiaries, or affiliates

of a contractor or subcontractor. The term does not include agree-

ments entered into by a contractor for the supply of commodities

that are intended for use in the performance of multiple contracts

with the Department of Defense and other parties and are not

identifiable to any particular contract.

‘‘(4) This subsection does not authorize the waiver of the

applicability of any provision of law or contract clause requirement

with respect to any first-tier subcontract under a contract with

a prime contractor reselling or distributing commercial items of

another contractor without adding value.

‘‘(d) A

PPLICABILITY OF

EFENSE

UNIQUE

TATUTES TO

TRACTS FOR

OMMERCIALLY

VAILABLE

, O

THE

SHELF

TEMS

.—

(1) The Defense Federal Acquisition Regulation Supplement shall

include a list of provisions of law and of contract clause require-

ments based on government-wide acquisition regulations, policies,

or executive orders not expressly authorized in law that are inappli-

cable to contracts for the procurement of commercially available

off-the-shelf items. A provision of law or contract clause requirement

properly included on the list pursuant to paragraph (2) does not

apply to Department of Defense contracts for the procurement of

commercially available off-the-shelf items. This section does not

render a provision of law or contract clause requirement not

included on the list inapplicable to contracts for the procurement

of commercially available off-the-shelf items.

‘‘(2) A provision of law or contract clause requirement described

in subsection (e) shall be included on the list of inapplicable provi-

sions of law and contract clause requirements required by para-

graph (1) unless the Under Secretary of Defense for Acquisition,

Technology, and Logistics makes a written determination that it

would not be in the best interest of the Department of Defense

to exempt contracts for the procurement of commercially available

off-the-shelf items from the applicability of the provision or contract

clause requirement.

‘‘(e) C

OVERED

ROVISION OF

AW OR

ONTRACT

LAUSE

EQUIREMENT

.—A provision of law or contract clause requirement

referred to in subsections (b)(2), (c)(2), and (d)(2) is a provision

of law or contract clause requirement that the Under Secretary

of Defense for Acquisition, Technology, and Logistics determines

sets forth policies, procedures, requirements, or restrictions for the

procurement of property or services by the Federal Government,

except for a provision of law or contract clause requirement that—

‘‘(1) provides for criminal or civil penalties;

‘‘(2) requires that certain articles be bought from American

sources pursuant to section 2533a of this title, or requires

that strategic materials critical to national security be bought

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130 STAT. 2310 PUBLIC LAW 114–328—DEC. 23, 2016

from American sources pursuant to section 2533b of this title;

‘‘(3) specifically refers to this section and provides that,

notwithstanding this section, it shall be applicable to contracts

for the procurement of commercial items.’’.

(b) C

HANGES TO

EFENSE

EDERAL

CQUISITION

EGULATION

UPPLEMENT

.—

(1) I

N GENERAL

.—To the maximum extent practicable, the

Under Secretary of Defense for Acquisition, Technology, and

Logistics shall ensure that—

(A) the Defense Federal Acquisition Regulation Supple-

ment does not require the inclusion of contract clauses

in contracts for the procurement of commercial items or

contracts for the procurement of commercially available

off-the-shelf items, unless such clauses are—

(i) required to implement provisions of law or

executive orders applicable to such contracts; or

(ii) determined to be consistent with standard

commercial practice; and

(B) the flow-down of contract clauses to subcontracts

under contracts for the procurement of commercial items

or commercially available off-the-shelf items is prohibited

unless such flow-down is required to implement provisions

of law or executive orders applicable to such subcontracts.

(2) S

UBCONTRACTS

.—In this subsection, the term ‘‘sub-

contract’’ includes a transfer of commercial items between divi-

sions, subsidiaries, or affiliates of a contractor or subcontractor.

The term does not include agreements entered into by a con-

tractor for the supply of commodities that are intended for

use in the performance of multiple contracts with the Depart-

ment of Defense and other parties and are not identifiable

to any particular contract.

SEC. 875. USE OF COMMERCIAL OR NON-GOVERNMENT STANDARDS

IN LIEU OF MILITARY SPECIFICATIONS AND STANDARDS.

(a) I

ENERAL

.—The Secretary of Defense shall ensure that

the Department of Defense uses commercial or non-Government

specifications and standards in lieu of military specifications and

standards, including for procuring new systems, major modifica-

tions, upgrades to current systems, non-developmental and commer-

cial items, and programs in all acquisition categories, unless no

practical alternative exists to meet user needs. If it is not practicable

to use a commercial or non-Government standard, a Government-

unique specification may be used.

(b) L

IMITED

SE OF

ILITARY

PECIFICATIONS

.—

(1) I

N GENERAL

.—Military specifications shall be used in

procurements only to define an exact design solution when

there is no acceptable commercial or non-Government standard

or when the use of a commercial or non-Government standard

is not cost effective.

(2) W

AIVER

.—A waiver for the use of military specifications

in accordance with paragraph (1) shall be approved by either

the appropriate milestone decision authority, the appropriate

service acquisition executive, or the Under Secretary of Defense

for Acquisition, Technology, and Logistics.

EVISION TO

DFARS.—Not later than 180 days after the

date of the enactment of this Act, the Under Secretary of Defense

10 USC 2305

note.

10 USC 2375

note.

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130 STAT. 2311 PUBLIC LAW 114–328—DEC. 23, 2016

for Acquisition, Technology, and Logistics shall revise the Defense

Federal Acquisition Regulation Supplement to encourage contrac-

tors to propose commercial or non-Government standards and

industry-wide practices that meet the intent of the military speci-

fications and standards.

(d) D

EVELOPMENT OF

GOVERNMENT

TANDARDS

.—The

Under Secretary for Acquisition, Technology, and Logistics shall

form partnerships with appropriate industry associations to develop

commercial or non-Government standards for replacement of mili-

tary specifications and standards where practicable.

(e) E

DUCATION

, T

RAINING

AND

UIDANCE

.—The Under Sec-

retary of Defense for Acquisition, Technology, and Logistics shall

ensure that training, education, and guidance programs throughout

the Department are revised to incorporate specifications and stand-

ards reform.

(f) L

ICENSES

.—The Under Secretary of Defense for Acquisition,

Technology, and Logistics shall negotiate licenses for standards

to be used across the Department of Defense and shall maintain

an inventory of such licenses that is accessible to other Department

of Defense organizations.

SEC. 876. PREFERENCE FOR COMMERCIAL SERVICES.

Not later than 90 days after the date of the enactment of

this Act, the Secretary of Defense shall revise the guidance issued

pursuant to section 855 of the National Defense Authorization

Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2377

note) to provide that—

(1) the head of an agency may not enter into a contract

in excess of $10,000,000 for facilities-related services, knowl-

edge-based services (except engineering services), construction

services, medical services, or transportation services that are

not commercial services unless the service acquisition executive

of the military department concerned, the head of the Defense

Agency concerned, the commander of the combatant command

concerned, or the Under Secretary of Defense for Acquisition,

Technology, and Logistics (as applicable) determines in writing

that no commercial services are suitable to meet the agency’s

needs as provided in section 2377(c)(2) of title 10, United States

Code; and

(2) the head of an agency may not enter into a contract

in an amount above the simplified acquisition threshold and

below $10,000,000 for facilities-related services, knowledge-

based services (except engineering services), construction serv-

ices, medical services, or transportation services that are not

commercial services unless the contracting officer determines

in writing that no commercial services are suitable to meet

the agency’s needs as provided in section 2377(c)(2) of such

title.

SEC. 877. TREATMENT OF COMMINGLED ITEMS PURCHASED BY CON-

TRACTORS AS COMMERCIAL ITEMS.

(a) I

ENERAL

.—Chapter 140 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 2380B. Treatment of commingled items purchased by con-

tractors as commercial items

‘‘Notwithstanding 2376(1) of this title, items valued at less

than $10,000 that are purchased by a contractor for use in the

10 USC 2380B.

10 USC 2377

note.

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130 STAT. 2312 PUBLIC LAW 114–328—DEC. 23, 2016

performance of multiple contracts with the Department of Defense

and other parties and are not identifiable to any particular contract

shall be treated as a commercial item for purposed of this chapter.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections for such

chapter is amended by inserting after the item relating to section

2380A the following new item:

‘‘2380B. Treatment of items purchased prior to release of prime contract requests

for proposals as commercial items.’’.

SEC. 878. TREATMENT OF SERVICES PROVIDED BY NONTRADITIONAL

CONTRACTORS AS COMMERCIAL ITEMS.

(a) I

ENERAL

.—Section 2380A of title 10, United States Code,

is amended—

(1) by striking ‘‘Notwithstanding’’ and inserting the fol-

lowing:

‘‘(a) G

OODS AND

ERVICES

ROVIDED BY

ONTRADITIONAL

EFENSE

ONTRACTORS

.—Notwithstanding’’; and

(2) by adding at the end the following new subsection:

‘‘(b) S

ERVICES

ROVIDED BY

ERTAIN

ONTRADITIONAL

TRACTORS

.—Notwithstanding section 2376(1) of this title, services

provided by a business unit that is a nontraditional defense con-

tractor (as that term is defined in section 2302(9) of this title)

shall be treated as commercial items for purposes of this chapter,

to the extent that such services use the same pool of employees

as used for commercial customers and are priced using methodology

similar to methodology used for commercial pricing.’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) S

ECTION HEADING

.—Section 2380A of title 10, United

States Code, as amended by subsection (a), is further amended

by striking the section heading and inserting the following:

‘‘§ 2380a. Treatment of certain items as commercial items’’.

(2) T

ABLE OF SECTIONS

.—The table of sections at the begin-

ning of chapter 140 of title 10, United States Code, is amended

by striking the item relating to section 2380A and inserting

the following new item:

‘‘2380a. Treatment of certain items as commercial items.’’.

SEC. 879. DEFENSE PILOT PROGRAM FOR AUTHORITY TO ACQUIRE

INNOVATIVE COMMERCIAL ITEMS, TECHNOLOGIES, AND

SERVICES USING GENERAL SOLICITATION COMPETITIVE

PROCEDURES.

(a) A

UTHORITY

.—The Secretary of Defense and the Secretaries

of the military departments may carry out a pilot program, to

be known as the ‘‘defense commercial solutions opening pilot pro-

gram’’, under which the Secretary may acquire innovative commer-

cial items, technologies, and services through a competitive selection

of proposals resulting from a general solicitation and the peer

review of such proposals.

(b) T

REATMENT AS

OMPETITIVE

ROCEDURES

.—Use of general

solicitation competitive procedures for the pilot program under sub-

section (a) shall be considered to be use of competitive procedures

for purposes of chapter 137 of title 10, United States Code.

IMITATIONS

.—

(1) I

N GENERAL

.—The Secretary may not enter into a con-

tract or agreement under the pilot program for an amount

in excess of $100,000,000 without a written determination from

10 USC 2302

note.

10 USC 2375

prec.

10 USC 2375

prec.

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130 STAT. 2313 PUBLIC LAW 114–328—DEC. 23, 2016

the Under Secretary for Acquisition, Logistics, and Technology

or the relevant service acquisition executive of the efficacy

of the effort to meet mission needs of the Department of Defense

or the relevant military department.

(2) F

IXED

PRICE REQUIREMENT

.—Contracts or agreements

entered into under the program shall be fixed-price, including

fixed-price incentive fee contracts.

(3) T

REATMENT AS COMMERCIAL ITEMS

.—Notwithstanding

section 2376(1) of title 10, United States Code, items, tech-

nologies, and services acquired under the pilot program shall

be treated as commercial items.

(d) G

UIDANCE

.—Not later than six months after the date of

the enactment of this Act, the Secretary shall issue guidance for

the implementation of the pilot program under this section within

the Department of Defense. Such guidance shall be issued in con-

sultation with the Director of the Office of Management and Budget

and shall be posted for access by the public.

(e) C

ONGRESSIONAL

OTIFICATION

EQUIRED

.—

(1) I

N GENERAL

.—Not later than 45 days after the award

of a contract for an amount exceeding $100,000,000 using the

authority in subsection (a), the Secretary of Defense shall notify

the congressional defense committees of such award.

(2) E

LEMENTS

.—Notice of an award under paragraph (1)

shall include the following:

(A) Description of the innovative commercial item, tech-

nology, or service acquired.

(B) Description of the requirement, capability gap, or

potential technological advancement with respect to which

the innovative commercial item, technology, or service

acquired provides a solution or a potential new capability.

(D) Identification of contractor awarded the contract.

(f) D

EFINITION

.—In this section, the term ‘‘innovative’’ means—

(1) any technology, process, or method, including research

and development, that is new as of the date of submission

of a proposal; or

(2) any application that is new as of the date of submission

of a proposal of a technology, process, or method existing as

of such date.

(g) S

UNSET

.—The authority to enter into contracts under the

pilot program shall expire on September 30, 2022.

SEC. 880. PILOT PROGRAMS FOR AUTHORITY TO ACQUIRE INNOVATIVE

COMMERCIAL ITEMS USING GENERAL SOLICITATION

COMPETITIVE PROCEDURES.

(a) A

UTHORITY

.—

(1) I

N GENERAL

.—The head of an agency may carry out

a pilot program, to be known as a ‘‘commercial solutions opening

pilot program’’, under which innovative commercial items may

be acquired through a competitive selection of proposals

resulting from a general solicitation and the peer review of

such proposals.

(2) H

EAD OF AN AGENCY

.—In this section, the term ‘‘head

of an agency’’ means the following:

(A) The Secretary of Homeland Security.

(B) The Administrator of General Services.

41 USC 3301

note.

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130 STAT. 2314 PUBLIC LAW 114–328—DEC. 23, 2016

(3) A

PPLICABILITY OF SECTION

.—This section applies to the

following agencies:

(A) The Department of Homeland Security.

(B) The General Services Administration.

(b) T

REATMENT AS

OMPETITIVE

ROCEDURES

.—Use of general

solicitation competitive procedures for the pilot program under sub-

section (a) shall be considered, in the case of the Department

of Homeland Security and the General Services Administration,

to be use of competitive procedures for purposes of division C

of title 41, United States Code (as defined in section 152 of such

title).

IMITATION

.—The head of an agency may not enter into

a contract under the pilot program for an amount in excess of

$10,000,000.

(d) G

UIDANCE

.—The head of an agency shall issue guidance

for the implementation of the pilot program under this section

within that agency. Such guidance shall be issued in consultation

with the Office of Management and Budget and shall be posted

for access by the public.

(e) R

EPORT

EQUIRED

.—

(1) I

N GENERAL

.—Not later than three years after the date

of the enactment of this Act, the head of an agency shall

submit to the congressional committees specified in paragraph

(3) a report on the activities the agency carried out under

the pilot program.

(2) E

LEMENTS OF REPORT

.—Each report under this sub-

section shall include the following:

(A) An assessment of the impact of the pilot program

on competition.

(B) A comparison of acquisition timelines for—

(i) procurements made using the pilot program;

and

(ii) procurements made using other competitive

procedures that do not use general solicitations.

the pilot program should be made permanent.

(3) S

PECIFIED CONGRESSIONAL COMMITTEES

.—The congres-

sional committees specified in this paragraph are the Com-

mittee on Homeland Security and Governmental Affairs of the

Senate and the Committee on Oversight and Government

Reform of the House of Representatives.

(f) I

NNOVATIVE

EFINED

.—In this section, the term ‘‘innovative’’

means—

(1) any new technology, process, or method, including

research and development; or

(2) any new application of an existing technology, process,

or method.

(g) T

ERMINATION

.—The authority to enter into a contract under

a pilot program under this section terminates on September 30,

2022.

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130 STAT. 2315 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle G—Industrial Base Matters

SEC. 881. GREATER INTEGRATION OF THE NATIONAL TECHNOLOGY

AND INDUSTRIAL BASE.

(a) P

LAN

EQUIRED

.—Not later than January 1, 2018, the Sec-

retary of Defense shall develop a plan to reduce the barriers to

the seamless integration between the persons and organizations

that comprise the national technology and industrial base (as

defined in section 2500 of title 10, United States Code). The plan

shall include at a minimum the following elements:

(1) A description of the various components of the national

technology and industrial base, including government entities,

universities, nonprofit research entities, nontraditional and

commercial item contractors, and private contractors that con-

duct commercial and military research, produce commercial

items that could be used by the Department of Defense, and

produce items designated and controlled under section 38 of

the Arms Export Control Act (also known as the ‘‘United States

Munitions List’’).

(2) Identification of the barriers to the seamless integration

of the transfer of knowledge, goods, and services among the

persons and organizations of the national technology and indus-

trial base.

(3) Identification of current authorities that could con-

tribute to further integration of the persons and organizations

of the national technology and industrial base, and a plan

to maximize the use of those authorities.

(4) Identification of changes in export control rules, proce-

dures, and laws that would enhance the civil-military integra-

tion policy objectives set forth in section 2501(b) of title 10,

United States Code, for the national technology and industrial

base to increase the access of the Armed Forces to commercial

products, services, and research and create incentives necessary

for nontraditional and commercial item contractors, univer-

sities, and nonprofit research entities to modify commercial

products or services to meet Department of Defense require-

ments.

(5) Recommendations for increasing integration of the

national technology and industrial base that supplies defense

articles to the Armed Forces and enhancing allied interoper-

ability of forces through changes to the text or the implementa-

tion of—

(A) section 126.5 of title 22, Code of Federal Regula-

tions (relating to exemptions that are applicable to Canada

under the International Traffic in Arms Regulations);

(B) the Treaty Between the Government of the United

States of America and the Government of Australia Con-

cerning Defense Trade Cooperation, done at Sydney on

September 5, 2007;

States of America and the Government of the United

Kingdom of Great Britain and Northern Ireland Concerning

Defense Trade Cooperation, done at Washington and

London on June 21 and 26, 2007; and

(D) any other agreements among the countries com-

prising the national technology and industrial base.

10 USC 2501

note.

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130 STAT. 2316 PUBLIC LAW 114–328—DEC. 23, 2016

(b) A

MENDMENT TO

EFINITION OF

ATIONAL

ECHNOLOGY AND

NDUSTRIAL

ASE

.—Section 2500(1) of title 10, United States Code,

is amended by inserting ‘‘, the United Kingdom of Great Britain

and Northern Ireland, Australia,’’ after ‘‘United States’’.

EPORTING

EQUIREMENT

.—The Secretary of Defense shall

report on the progress of implementing the plan in subsection

(a) in the report required under section 2504 of title 10, United

States Code.

SEC. 882. INTEGRATION OF CIVIL AND MILITARY ROLES IN ATTAINING

NATIONAL TECHNOLOGY AND INDUSTRIAL BASE OBJEC-

TIVES.

Section 2501(b) of title 10, United States Code, is amended

by striking ‘‘It is the policy of Congress that the United States

attain’’ and inserting ‘‘The Secretary of Defense shall ensure that

the United States attains’’.

SEC. 883. PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND SERV-

ICES FOR WEAPON SYSTEMS CONTRACTORS.

(a) A

UTHORITY

.—The Secretary of Defense may carry out a

six-year pilot program under which the Secretary may make avail-

able storage and distribution services support to a contractor in

support of the performance by the contractor of a contract for

the production, modification, maintenance, or repair of a weapon

system that is entered into by the Department of Defense.

(b) S

UPPORT

ONTRACTS

.—

(1) I

N GENERAL

.—Any storage and distribution services to

be provided under the pilot program under this section to

a contractor in support of the performance of a contract

described in subsection (a) shall be provided under a separate

contract that is entered into by the Director of the Defense

Logistics Agency with that contractor. The requirements of

section 2208(h) of title 10, United States Code, and the regula-

tions prescribed pursuant to such section shall apply to any

such separate support contract between the Director of the

Defense Logistics Agency and the contractor.

(2) L

IMITATION

.—Not more than five support contracts

between the Director and the contractor may be awarded under

the pilot program.

COPE OF

UPPORT AND

ERVICES

.—The storage and dis-

tribution support services that may be provided under this section

in support of the performance of a contract described in subsection

(a) are storage and distribution of materiel and repair parts nec-

essary for the performance of that contract.

(d) R

EGULATIONS

.—Before exercising the authority under the

pilot program under this section, the Secretary of Defense shall

prescribe in regulations such requirements, conditions, and restric-

tions as the Secretary determines appropriate to ensure that storage

and distribution services are provided under the pilot program

only when it is in the best interests of the United States to do

so. The regulations shall include, at a minimum, the following:

(1) A requirement for the solicitation of offers for a contract

described in subsection (a), for which storage and distribution

services are to be made available under the pilot program,

including—

(A) a statement that the storage and distribution serv-

ices are to be made available under the authority of the

pilot program under this section to any contractor awarded

10 USC 2302

note.

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130 STAT. 2317 PUBLIC LAW 114–328—DEC. 23, 2016

the contract, but only on a basis that does not require

acceptance of the support and services; and

(B) a description of the range of the storage and dis-

tribution services that are to be made available to the

contractor.

(2) A requirement for the rates charged a contractor for

storage and distribution services provided to a contractor under

the pilot program to reflect the full cost to the United States

of the resources used in providing the support and services,

including the costs of resources used, but not paid for, by

the Department of Defense.

(3) With respect to a contract described in subsection (a)

that is being performed for a department or agency outside

the Department of Defense, a prohibition, in accordance with

applicable contracting procedures, on the imposition of any

charge on that department or agency for any effort of Depart-

ment of Defense personnel or the contractor to correct defi-

ciencies in the performance of such contract.

(4) A prohibition on the imposition of any charge on a

contractor for any effort of the contractor to correct a deficiency

in the performance of storage and distribution services provided

to the contractor under this section.

(5) A requirement that storage and distribution services

provided under the pilot program may not interfere with the

mission of the Defense Logistics Agency or of any military

department involved with the pilot program.

(6) A requirement that any support contract for storage

and distribution services entered into under the pilot program

shall include a clause to indemnify the Government against

any failure by the contractor to perform the support contract,

and to remain responsible for performance of the primary con-

tract.

(e) R

ELATIONSHIP TO

REATY

BLIGATIONS

.—The Secretary

shall ensure that the exercise of authority under the pilot program

under this section does not conflict with any obligation of the

United States under any treaty or other international agreement.

(f) R

EPORTS

.—

(1) S

ECRETARY OF DEFENSE

.—Not later than the end of

the fourth year of operation of the pilot program, the Secretary

of Defense shall submit to the Committees on Armed Services

of the Senate and House of Representatives a report

describing—

(A) the cost effectiveness for both the Government and

industry of the pilot program; and

(B) how support contracts under the pilot program

affected meeting the requirements of primary contracts.

(2) C

OMPTROLLER GENERAL

.—Not later than the end of

the fifth year of operation of the pilot program, the Comptroller

General of the United States shall review the report of the

Secretary under paragraph (1) for sufficiency and provide such

recommendations in a report to the Committees on Armed

Services of the Senate and House of Representatives as the

Comptroller General considers appropriate.

(g) S

UNSET

.—The authority to enter into contracts under the

pilot program shall expire six years after the date of the enactment

of this Act. Any contracts entered into before such date shall con-

tinue in effect according to their terms.

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130 STAT. 2318 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 884. NONTRADITIONAL AND SMALL CONTRACTOR INNOVATION

PROTOTYPING PROGRAM.

(a) I

ENERAL

.—The Secretary of Defense shall conduct a

pilot program for nontraditional defense contractors and small busi-

ness concerns to design, develop, and demonstrate innovative proto-

type military platforms of significant scope for the purpose of dem-

onstrating new capabilities that could provide alternatives to

existing acquisition programs and assets. The Secretary shall estab-

lish the pilot program within the Departments of the Army, Navy,

and Air Force, the Missile Defense Agency, and the United States

Special Operations Command.

(b) F

UNDING

.—There is authorized to be made available

$250,000,000 from the Rapid Prototyping Fund established under

section 804(d) of the National Defense Authorization Act for Fiscal

Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) to carry

out the pilot program.

LAN

.—

(1) I

N GENERAL

.—The Secretary of Defense shall submit

to the congressional defense committees, concurrent with the

budget for the Department of Defense for fiscal year 2018,

as submitted to Congress pursuant to section 1105 of title

31, United States Code, a plan to fund and carry out the

pilot program in future years.

(2) E

LEMENTS

.—The plan submitted under paragraph (1)

shall consider maximizing use of—

(A) broad agency announcements or other merit-based

selection procedures;

(B) the Department of Defense Acquisition Challenge

Program authorized under section 2359b of title 10, United

States Code;

(D) projects carried out under the Rapid Innovation

Program of the Department of Defense or pursuant to

a Phase III agreement (as defined in section 9(r)(2) of

the Small Business Act (15 U.S.C. 638(r)(2))); and

(E) streamlined procedures for acquisition provided

under section 804 of the National Defense Authorization

Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C.

2302 note) and procedures for alternative acquisition path-

ways established under section 805 of such Act (10 U.S.C.

2302 note).

(d) P

ROGRAMS

NCLUDED

.—As part of the pilot program,

the Secretary of Defense shall allocate up to $50,000,000 on a

fixed price contractual basis for fiscal year 2017 or pursuant to

the plan submitted under subsection (c) for demonstrations of the

following capabilities:

(1) Swarming of multiple unmanned air vehicles.

(2) Unmanned, modular fixed-wing aircraft that can be

rapidly adapted to multiple missions and serve as a fifth

generation weapons augmentation platform.

(3) Vertical takeoff and landing tiltrotor aircraft.

(4) Integration of a directed energy weapon on an air,

sea, or ground platform.

(5) Swarming of multiple unmanned underwater vehicles.

(6) Commercial small synthetic aperture radar (SAR) sat-

ellites with on-board machine learning for automated, real-

time feature extraction and predictive analytics.

10 USC 2302

note.

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130 STAT. 2319 PUBLIC LAW 114–328—DEC. 23, 2016

(7) Active protection system to defend against rocket-pro-

pelled grenades and anti-tank missiles.

(8) Defense against hypersonic weapons, including sensors.

(9) Other systems as designated by the Secretary.

(e) D

EFINITIONS

.—In this section:

(1) N

ONTRADITIONAL DEFENSE CONTRACTOR

.—The term

‘‘nontraditional defense contractor’’ has the meaning given the

term in section 2302(9) of title 10, United States Code.

(2) S

MALL BUSINESS CONCERN

.—The term ‘‘small business

concern’’ has the meaning given the term in section 3 of the

Small Business Act (15 U.S.C. 632).

(f) S

UNSET

.—The authority under this section expires at the

close of September 30, 2026.

Subtitle H—Other Matters

SEC. 885. REPORT ON BID PROTESTS.

(a) R

EPORT

EQUIRED

.—Not later than 270 days after the date

of the enactment of this Act, the Secretary of Defense shall enter

into a contract with an independent research entity that is a not-

for-profit entity or a federally funded research and development

center with appropriate expertise and analytical capability to carry

out a comprehensive study on the prevalence and impact of bid

protests on Department of Defense acquisitions, including protests

filed with contracting agencies, the Government Accountability

Office, and the Court of Federal Claims.

(b) E

LEMENTS

.—The report required by subsection (a) shall

cover Department of Defense contracts and include, at a minimum,

the following elements:

(1) For employees of the Department, including the con-

tracting officers, program executive officers, and program man-

agers, the extent and manner in which the bid protest system

affects or is perceived to affect—

(A) the development of a procurement to avoid protests

rather than improve acquisition;

(B) the quality or quantity of pre-proposal discussions,

discussions of proposals, or post-award debriefings;

able procurement methods;

(D) the decision to make multiple awards or encourage

teaming;

(E) the ability to meet an operational or mission need

or address important requirements;

(F) the decision to use sole source award methods;

and

(G) the decision to exercise options on existing con-

tracts.

(2) With respect to a company bidding on contracts or

task or delivery orders, the extent and manner in which the

bid protest system affects or is perceived to affect—

(A) the decision to offer a bid or proposal on single

award or multiple award contracts when the company is

the incumbent contractor;

(B) the decision to offer a bid or proposal on single

award or multiple award contracts when the company is

not the incumbent contractor;

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130 STAT. 2320 PUBLIC LAW 114–328—DEC. 23, 2016

discussions of proposals, or post -award debriefings;

(D) the decision to participate in a team or joint ven-

ture; and

(E) the decision to file a protest with the agency con-

cerned, the Government Accountability Office, or the Court

of Federal Claims.

(3) A description of trends in the number of bid protests

filed with agencies, the Government Accountability Office, and

Federal courts, the effectiveness of each forum for contracts

and task or delivery orders, and the rate of such bid protests

compared to contract obligations and the number of contracts.

(4) An analysis of bid protests filed by incumbent contrac-

tors, including—

(A) the rate at which such protesters are awarded

bridge contracts or contract extensions over the period that

the protest remains unresolved; and

(B) an assessment of the cost and schedule impact

of successful and unsuccessful bid protests filed by incum-

bent contractors on contracts for services with a value

in excess of $100,000,000.

(5) A comparison of the number of protests, the values

of contested orders or contracts, and the outcome of protests

for—

(A) awards of contracts compared to awards of task

or delivery orders;

(B) contracts or orders primarily for products, com-

pared to contracts or orders primarily for services;

compared to those filed post-award;

(D) contracts or awards with single protestors com-

pared to multiple protestors; and

(E) contracts with single awards compared to multiple

award contracts.

(6) An analysis of the number and disposition of protests

filed with the contracting agency.

(7) A description of trends in the number of bid protests

filed as a percentage of contracts and as a percentage of task

or delivery orders awarded during the same period of time,

overall and set forth separately by the value of the contract

or order, as follows:

(A) Contracts valued in excess of $3,000,000,000.

(B) Contracts valued between $500,000,000 and

$3,000,000,000.

$500,000,000.

(D) Contracts valued between $10,000,000 and

$50,000,000.

(E) Contracts valued under $10,000,000.

(8) An assessment of the cost and schedule impact of

successful and unsuccessful bid protests filed on contracts val-

ued in excess of $3,000,000,000.

(9) An analysis of how often protestors are awarded the

contract that was the subject of the bid protest.

(10) A summary of the results of protests in which the

contracting agencies took unilateral corrective action,

including—

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130 STAT. 2321 PUBLIC LAW 114–328—DEC. 23, 2016

(A) at what point in the bid protest process the agency

agreed to take corrective action;

(B) the average time for remedial action to be com-

pleted; and

(i) whether or to what extent the decision to take

the corrective action was a result of a determination

by the agency that there had been a probable violation

of law or regulation; or

(ii) whether or to what extent such corrective

action was a result of some other factor.

(11) A description of the time it takes agencies to implement

corrective actions after a ruling or decision, and the percentage

of those corrective actions that are subsequently protested,

including the outcome of any subsequent protest.

(12) An analysis of those contracts with respect to which

a company files a protest (referred to as the ‘‘initial protest’’)

and later files another protest (referred to as the ‘‘subsequent

protest’’), analyzed by the forum of the initial protest and

the subsequent protest, including any difference in the outcome,

between the forums.

(13) An analysis of the effect of the quantity and quality

of debriefings on the frequency of bid protests.

(14) An analysis of the time spent at each phase of the

procurement process attempting to prevent a protest,

addressing a protest, or taking corrective action in response

to a protest, including the efficacy of any actions attempted

to prevent the occurrence of a protest.

RIEFING

.—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) R

EPORT

.—Not later than one year after the date of the

enactment of this Act, the independent entity that conducts the

study under subsection (a) shall provide to the Secretary of Defense

and the congressional defense committees a report on the results

of the study, along with any related recommendations.

SEC. 886. REVIEW AND REPORT ON INDEFINITE DELIVERY CON-

TRACTS.

(a) R

EPORT

.—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) E

LEMENTS

.—The report under subsection (a) shall address,

at a minimum, the following:

(1) A review of Department of Defense policies for entering

into and using indefinite delivery contracts, including require-

ments for competition, as well as the guidance, if any, on

the appropriate number of vendors that should receive multiple

award indefinite delivery contracts.

(2) The number and value of all indefinite delivery contracts

entered into by the Department of Defense, including the

number and value of such contracts entered into with a single

vendor.

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130 STAT. 2322 PUBLIC LAW 114–328—DEC. 23, 2016

(3) An assessment of the number and value of indefinite

delivery contracts entered into by the Department of Defense

that included competition between multiple vendors.

(4) Selected case studies of indefinite delivery contracts,

including an assessment of whether any such contracts may

have limited future opportunities for competition for the serv-

ices or items required.

(5) Recommendations for potential changes to current law

or Department of Defense acquisition regulations or guidance

to promote competition with respect to indefinite delivery con-

tracts.

SEC. 887. REVIEW AND REPORT ON CONTRACTUAL FLOW-DOWN PROVI-

SIONS.

(a) R

EVIEW

EQUIRED

.—The Secretary of Defense shall conduct

a review of contractual flow-down provisions related to major

defense acquisition programs on contractors and suppliers, including

small businesses, contractors for commercial items, nontraditional

defense contractors, universities, and not-for-profit research institu-

tions. The review shall—

(1) identify the flow-down provisions that exist in the Fed-

eral Acquisition Regulation and the Defense Federal Acquisition

Regulation Supplement;

(2) identify the flow-down provisions that are critical for

national security;

(3) examine the extent to which clauses in contracts with

the Department of Defense are being applied inappropriately

in subcontracts under the contracts;

(4) assess the applicability of flow-down provisions for the

purchase of commodity items that are acquired in bulk for

multiple acquisition programs;

(5) determine the unnecessary costs or burdens, if any,

of flow-down provisions on the supply chain;

(6) determine the effect, if any, of flow-down provisions

on the participation rate of small businesses, contractors for

commercial items, nontraditional defense contractors, univer-

sities, and not-for-profit research organizations in defense

acquisition efforts; and

(7) determine the effect, if any, of flow-down provisions

on Department of Defense access to advanced research and

technology capabilities available in the private sector.

(b) C

ONTRACT

.—Not later than 60 days after the date of the

enactment of this Act, the Secretary of Defense shall enter into

a contract with an independent entity with appropriate expertise

to conduct the review required by subsection (a).

EPORT

.—Not later than August 1, 2017, the Secretary

shall submit to the congressional defense committees a report on

the findings of the independent entity, along with a description

of any actions that the Secretary proposes to address the findings

of the independent entity.

SEC. 888. REQUIREMENT AND REVIEW RELATING TO USE OF BRAND

NAMES OR BRAND-NAME OR EQUIVALENT DESCRIPTIONS

IN SOLICITATIONS.

(a) R

EQUIREMENT

.—The Secretary of Defense shall ensure that

competition in Department of Defense contracts is not limited

10 USC 2305

note.

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130 STAT. 2323 PUBLIC LAW 114–328—DEC. 23, 2016

through the use of specifying brand names or brand-name or equiva-

lent descriptions, or proprietary specifications or standards, in solici-

tations unless a justification for such specification is provided and

approved in accordance with section 2304(f) of title 10, United

States Code.

(b) R

EVIEW OF

NTI

COMPETITIVE

PECIFICATIONS IN

NFORMA

TION

ECHNOLOGY

CQUISITIONS

.—

(1) R

EVIEW REQUIRED

.—Not later than 180 days after the

date of the enactment of this Act, the Under Secretary of

Defense for Acquisition, Technology, and Logistics shall conduct

a review of the policy, guidance, regulations, and training

related to specifications included in information technology

acquisitions to ensure current policies eliminate the unjustified

use of potentially anti-competitive specifications. In conducting

the review, the Under Secretary shall examine the use of brand

names or proprietary specifications or standards in solicitations

for procurements of goods and services, as well as the current

acquisition training curriculum related to those areas.

(2) B

RIEFING REQUIRED

.—Not later than 270 days after

the date of the enactment of this Act, the Under Secretary

shall provide a briefing to the Committees on Armed Services

of the Senate and House of Representatives on the results

of the review required by paragraph (1).

(3) A

DDITIONAL GUIDANCE

.—Not later than one year after

the date of the enactment of this Act, the Under Secretary

shall revise policies, guidance, and training to incorporate such

recommendations as the Under Secretary considers appropriate

from the review required by paragraph (1).

SEC. 889. INCLUSION OF INFORMATION ON COMMON GROUNDS FOR

SUSTAINING BID PROTESTS IN ANNUAL GOVERNMENT

ACCOUNTABILITY OFFICE REPORTS TO CONGRESS.

The Comptroller General of the United States shall include

in the annual report to Congress on the Government Accountability

Office each year a list of the most common grounds for sustaining

protests relating to bids for contracts during such year.

SEC. 890. STUDY AND REPORT ON CONTRACTS AWARDED TO

MINORITY-OWNED AND WOMEN-OWNED BUSINESSES.

(a) S

TUDY

.—The Comptroller General of the United States shall

carry out a study on the number and types of contracts for the

procurement of goods or services for the Department of Defense

awarded to minority-owned and women-owned businesses during

fiscal years 2010 through 2015. In conducting the study, the Comp-

troller General shall identify minority-owned businesses according

to the categories identified in the Federal Procurement Data System

(described in section 1122(a)(4)(A) of title 41, United States Code).

(b) R

EPORT

.—Not later than 1 year after the date of the enact-

ment of this Act, the Comptroller General shall submit to the

congressional defense committees a report on the results of the

study under subsection (a).

SEC. 891. AUTHORITY TO PROVIDE REIMBURSABLE AUDITING SERV-

ICES TO CERTAIN NON-DEFENSE AGENCIES.

Section 893(a) of the National Defense Authorization Act for

Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2313 note) is

amended—

31 USC 3554

note.

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130 STAT. 2324 PUBLIC LAW 114–328—DEC. 23, 2016

(1) in paragraph (1), by inserting ‘‘except as provided in

paragraph (2),’’ after ‘‘this Act,’’; and

(2) by amending paragraph (2) to read as follows:

‘‘(2) E

XCEPTION FOR NATIONAL NUCLEAR SECURITY ADMINIS

TRATION

.—Notwithstanding paragraph (1), the Defense Con-

tract Audit Agency may provide audit support on a reimburs-

able basis for the National Nuclear Security Administration.’’.

SEC. 892. SELECTION OF SERVICE PROVIDERS FOR AUDITING SERV-

ICES AND AUDIT READINESS SERVICES.

The Department of Defense shall select service providers for

auditing services and audit readiness services based on the best

value to the Department, as determined by the resource sponsor

for an auditing contract, rather than based on the lowest price

technically acceptable service provider.

SEC. 893. AMENDMENTS TO CONTRACTOR BUSINESS SYSTEM REQUIRE-

MENTS.

(a) B

USINESS

YSTEM

EQUIREMENTS

.—Section 893 of the Ike

Skelton National Defense Authorization Act for Fiscal Year 2011

(Public Law 111–383; 10 U.S.C. 2302 note) is amended in subsection

(b)(1), by striking ‘‘system requirements’’ and inserting ‘‘clear and

specific business system requirements that are identified and made

publicly available’’.

(b) T

HIRD

PARTY

NDEPENDENT

UDITOR

EVIEWS

.—Section 893

of such Act is further amended—

(1) by redesignating subsections (c), (d), (e), (f), and (g)

as subsections (d), (e), (f), (g), and (h), respectively; and

(2) by inserting after subsection (b) the following new sub-

section (c):

‘‘(c) R

EVIEW BY

HIRD

PARTY

NDEPENDENT

UDITORS

.—The

review process for contractor business systems pursuant to sub-

section (b)(2) shall—

‘‘(1) if a registered public accounting firm attests to the

internal control assessment of a contractor, pursuant to section

404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)),

allow the contractor, subject to paragraph (3), to submit cer-

tified documentation from such registered public accounting

firm that the contractor business systems of the contractor

meet the business system requirements referred to in sub-

section (b)(1) and to thereby eliminate the need for further

review of the contractor business systems by the Secretary

of Defense;

‘‘(2) limit the review, subject to paragraph (3), of the con-

tractor business systems of a contractor that is not a covered

contractor to confirming that the contractor uses the same

contractor business system for its Government and commercial

work and that the outputs of the contractor business system

based on statistical sampling are reasonable; and

‘‘(3) allow a milestone decision authority to require a review

of a contractor business system of a contractor that submits

documentation pursuant to paragraph (1) or that is not a cov-

ered contractor after determining in writing that such a review

is necessary to appropriately manage contractual risk.’’.

MENDMENT TO

EFINITION OF

OVERED

ONTRACTOR

.—

Section 893 of such Act is further amended in subsection (g), as

so redesignated, by striking ‘‘means a contractor’’ and all that

follows and inserting ‘‘means a contractor that has covered contracts

10 USC 2331

note.

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130 STAT. 2325 PUBLIC LAW 114–328—DEC. 23, 2016

with the United States Government accounting for greater than

1 percent of its total gross revenue, except that the term does

not include any contractor that is exempt, under section 1502

of title 41, United States Code, or regulations implementing that

section, from using full cost accounting standards established in

that section.’’.

(d) R

EPEAL OF

BSOLETE

EADLINE

.—Section 893 of such Act

is further amended in subsection (a) by striking ‘‘Not later than

270 days after the date of the enactment of this Act, the’’ and

inserting ‘‘The’’.

SEC. 894. IMPROVED MANAGEMENT PRACTICES TO REDUCE COST AND

IMPROVE PERFORMANCE OF CERTAIN DEPARTMENT OF

DEFENSE ORGANIZATIONS.

(a) I

ENERAL

.—Beginning not later than 180 days after the

date of the enactment of this Act, the Secretary of Defense shall

designate units, subunits, or entities of the Department of Defense,

other than Centers of Industrial and Technical Excellence des-

ignated pursuant to section 2474 of title 10, United States Code,

that conduct work that is commercial in nature or is not inherently

governmental to prioritize efforts to conduct business operations

in a manner that uses modern, commercial management practices

and principles to reduce the costs and improve the performance

of such organizations.

(b) A

DOPTION OF

ODERN

USINESS

RACTICES

.—The Secretary

shall ensure that each such unit, subunit, or entity of the Depart-

ment described in subsection (a) is authorized to adopt and imple-

ment best commercial and business management practices to

achieve the goals described in such subsection.

AIVERS

.—The Secretary shall authorize waivers of Depart-

ment of Defense, military service, and Defense Agency regulations,

as appropriate, to achieve the goals in subsection (a), including

in the following areas:

(1) Financial management.

(2) Human resources.

(3) Facility and plant management.

(4) Acquisition and contracting.

(5) Partnerships with the private sector.

(6) Other business and management areas as identified

by the Secretary.

(d) G

OALS

.—The Secretary of Defense shall identify savings

goals to be achieved through the implementation of the commercial

and business management practices adopted under subsection (b),

and establish a schedule for achieving the savings.

(e) B

UDGET

DJUSTMENT

.—The Secretary shall establish poli-

cies to adjust organizational budget allocations, at the Secretary’s

discretion, for purposes of—

(1) using savings derived from implementation of best

commercial and business management practices for high pri-

ority military missions of the Department of Defense;

(2) creating incentives for the most efficient and effective

development and adoption of new commercial and business

management practices by organizations; and

(3) investing in the development of new commercial and

business management practices that will result in further

savings to the Department of Defense.

10 USC 2222

note.

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130 STAT. 2326 PUBLIC LAW 114–328—DEC. 23, 2016

(f) B

UDGET

ASELINES

.—Beginning not later than one year

after the date of the enactment of this Act, each such unit, subunit,

or entity of the Department described in subsection (a) shall, in

accordance with such guidance as the Secretary of Defense shall

establish for purposes of this section—

(1) establish an annual baseline cost estimate of its oper-

ations; and

(2) certify that costs estimated pursuant to paragraph (1)

are wholly accounted for and presented in a format that is

comparable to the format for the presentation of such costs

for other elements of the Department or consistent with best

commercial practices.

SEC. 895. EXEMPTION FROM REQUIREMENT FOR CAPITAL PLANNING

AND INVESTMENT CONTROL FOR INFORMATION TECH-

NOLOGY EQUIPMENT INCLUDED AS INTEGRAL PART OF

A WEAPON OR WEAPON SYSTEM.

(a) W

AIVER

UTHORITY

.—Notwithstanding subsection (c)(2) of

section 11103 of title 40, United States Code, a national security

system described in subsection (a)(1)(D) of such section shall not

be subject to the requirements of paragraphs (2) through (5) of

section 11312(b) of such title unless the milestone decision authority

determines in writing that application of such requirements is

appropriate and in the best interests of the Department of Defense.

(b) M

ILESTONE

ECISION

UTHORITY

EFINED

.—In this section,

the term ‘‘milestone decision authority’’ has the meaning given

the term in section 2366a(d)(7) of title 10, United States Code.

SEC. 896. MODIFICATIONS TO PILOT PROGRAM FOR STREAMLINING

AWARDS FOR INNOVATIVE TECHNOLOGY PROJECTS.

Section 873 of the National Defense Authorization Act for Fiscal

Year 2016 (Public Law 114–92; 10 U.S.C. 2306a note) is amended—

(1) in subsection (a)(2), by inserting ‘‘or Small Business

Technology Transfer Program’’ after ‘‘Small Business Innova-

tion Research Program’’;

(2) in subsection (b)—

(A) by inserting ‘‘subparagraphs (A), (B), and (C) of

section 2313(a)(2) of title 10, United States Code, and’’

before ‘‘subsection (b) of section 2313’’; and

(B) in paragraph (2), by inserting ‘‘, and if such

performance audit is initiated within 18 months of the

contract completion’’ before the period at the end;

(3) by redesignating subsections (c), (d), and (e) as sub-

sections (f), (g), and (h), respectively; and

(4) by inserting after subsection (b) the following new sub-

sections:

‘‘(c) T

REATMENT AS

OMPETITIVE

ROCEDURES

.—Use of a tech-

nical, merit-based selection procedure or the Small Business Innova-

tion Research Program or Small Business Technology Transfer Pro-

gram for the pilot program under this section shall be considered

to be use of competitive procedures for purposes of chapter 137

of title 10, United States Code.

‘‘(d) D

ISCRETION

CERTIFIED

CCOUNTING

TEMS

.—In executing programs under this pilot program, the Sec-

retary of Defense shall establish procedures under which a small

business or nontraditional contractor may engage an independent

certified public accountant for the review and certification of its

15 USC 638.

40 USC 11103

note.

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130 STAT. 2327 PUBLIC LAW 114–328—DEC. 23, 2016

accounting system for the purposes of any audits required by regula-

tion, unless the head of the agency determines that this is not

appropriate based on past performance of the specific small business

or nontraditional defense contractor, or based on analysis of other

information specific to the award.

‘‘(e) G

UIDANCE AND

RAINING

.—The Secretary of Defense shall

ensure that acquisition and auditing officials are provided guidance

and training on the flexible use and tailoring of authorities under

the pilot program to maximize efficiency and effectiveness.’’.

SEC. 897. RAPID PROTOTYPING FUNDS FOR THE MILITARY DEPART-

MENTS.

Section 804(d) of the National Defense Authorization Act for

Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note), as

amended by section 864 of this Act, is further amended—

(1) in the subsection heading, by striking ‘‘F

UND

’’ and

inserting ‘‘F

UNDS

’’;

(2) in paragraph (1), by striking ‘‘I

N GENERAL

.—The Sec-

retary’’ and inserting the following: ‘‘D

EPARTMENT OF DEFENSE

RAPID PROTOTYPING FUND

.—

‘‘(A) I

N GENERAL

.—The Secretary’’;

(3) by redesignating paragraphs (2) and (3) as subpara-

graphs (B) and (C), respectively, and moving such subpara-

graphs, as so redesignated, two ems to the right;

(4) in subparagraph (B), as redesignated by paragraph

(3), by striking ‘‘this subsection’’ and inserting ‘‘this paragraph’’;

and

(5) by inserting after paragraph (1) the following new para-

graph:

‘‘(2) R

APID PROTOTYPING FUNDS FOR THE MILITARY DEPART

MENTS

.—The Secretary of each military department may estab-

lish a military department-specific fund (and, in the case of

the Secretary of the Navy, including the Marine Corps) to

provide funds, in addition to other funds that may be available

to the military department concerned, for acquisition programs

under the rapid fielding and prototyping pathways established

pursuant to this section. Each military department-specific fund

shall consist of amounts appropriated or credited to the fund.’’.

SEC. 898. ESTABLISHMENT OF PANEL ON DEPARTMENT OF DEFENSE

AND ABILITYONE CONTRACTING OVERSIGHT, ACCOUNT-

ABILITY, AND INTEGRITY; DEFENSE ACQUISITION UNIVER-

SITY TRAINING.

(a) E

STABLISHMENT OF

ANEL ON

EPARTMENT OF

EFENSE

AND

BILITY

ONTRACTING

VERSIGHT

, A

CCOUNTABILITY

AND

NTEGRITY

.—

(1) I

N GENERAL

.—The Secretary of Defense shall establish

a panel to be known as the ‘‘Panel on Department of Defense

and AbilityOne Contracting Oversight, Accountability, and

Integrity’’ (hereafter in this section referred to as the ‘‘Panel’’).

The Panel shall be supported by the Defense Acquisition

University, established under section 1746 of title 10, United

States Code, and the National Defense University, including

administrative support.

(2) C

OMPOSITION

.—The Panel shall be composed of the

following:

10 USC 2302

note.

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130 STAT. 2328 PUBLIC LAW 114–328—DEC. 23, 2016

(A) A representative of the Under Secretary of Defense

for Acquisition, Technology, and Logistics, who shall be

the chairman of the Panel.

(B) A representative from the AbilityOne Commission.

of each military department and Defense Agency (as such

terms are defined, respectively, in section 101 of title 10,

United States Code).

(D) A representative of the Under Secretary of Defense

(Comptroller).

(E) A representative of the Inspector General of the

Department of Defense and the AbilityOne Commission.

(F) A representative from each of the Army Audit

Agency, the Navy Audit Service, the Air Force Audit

Agency, and the Defense Contract Audit Agency.

(G) The President of the Defense Acquisition Univer-

sity, or a designated representative.

(H) One or more subject matter experts on veterans

employment from a veterans service organization.

(I) A representative of the Commission Directorate of

Veteran Employment of the AbilityOne Commission whose

duties include maximizing opportunities to employ signifi-

cantly disabled veterans in accordance with the regulations

of the AbilityOne Commission.

(J) One or more representatives from the Department

of Justice who are subject matter experts on compliance

with disability rights laws applicable to contracts of the

Department of Defense and the AbilityOne Commission.

(K) One or more representatives from the Department

of Justice who are subject matter experts on Department

of Defense contracts, Federal Prison Industries, and the

requirements of the Javits-Wagner-O’Day Act.

(L) Such other representatives as may be determined

appropriate by the Under Secretary of Defense for Acquisi-

tion, Technology, and Logistics.

(b) M

EETINGS

.—The Panel shall meet as determined necessary

by the chairman of the Panel, but not less often than once every

three months.

UTIES

.—The Panel shall—

(1) review the status of and progress relating to the

implementation of the recommendations of report number

DODIG–2016–097 of the Inspector General of the Department

of Defense titled ‘‘DoD Generally Provided Effective Oversight

of AbilityOne Contracts’’, published on June 17, 2016;

(2) recommend actions the Department of Defense and

the AbilityOne Commission may take to eliminate waste, fraud,

and abuse with respect to contracts of the Department of

Defense and the AbilityOne Commission;

(3) recommend actions the Department of Defense and

the AbilityOne Commission may take to ensure opportunities

for the employment of significantly disabled veterans and the

blind and other severely disabled individuals;

(4) recommend changes to law, regulations, and policy that

the Panel determines necessary to eliminate vulnerability to

waste, fraud, and abuse with respect to the performance of

contracts of the Department of Defense;

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130 STAT. 2329 PUBLIC LAW 114–328—DEC. 23, 2016

(5) recommend criteria for veterans with disabilities to

be eligible for employment opportunities through the programs

of the AbilityOne Commission that considers the definitions

of disability used by the Secretary of Veterans Affairs and

the AbilityOne Commission;

(6) recommend ways the Department of Defense and the

AbilityOne Commission may explore opportunities for competi-

tion among qualified nonprofit agencies or central nonprofit

agencies and ensure an equitable selection and allocation of

work to qualified nonprofit agencies;

(7) recommend changes to business practices, information

systems, and training necessary to ensure that—

(A) the AbilityOne Commission complies with regu-

latory requirements related to the establishment and

maintenence of the procurement list established pursuant

to section 8503 of title 41, United States Code; and

(B) the Department of Defense complies with the statu-

tory and regulatory requirements for use of such procure-

ment list; and

(8) any other duties determined necessary by the Secretary

of Defense.

(d) C

ONSULTATION

.—To carry out the duties described in sub-

section (c), the Panel may consult or contract with other executive

agencies and with experts from qualified nonprofit agencies or

central nonprofit agencies on—

(1) compliance with disability rights laws applicable to

contracts of the Department of Defense and the AbilityOne

Commission;

(2) employment of significantly disabled veterans; and

(3) vocational rehabilitation.

(e) A

UTHORITY

.—To carry out the duties described in subsection

(c), the Panel may request documentation or other information

needed from the AbilityOne Commission, central nonprofit agencies,

and qualified nonprofit agencies.

(f) P

ANEL

ECOMMENDATIONS AND

ILESTONE

ATES

.—

(1) M

ILESTONE DATES FOR IMPLEMENTING RECOMMENDA

TIONS

.—After consulting with central nonprofit agencies and

qualified nonprofit agencies, the Panel shall suggest milestone

dates for the implementation of the recommendations made

under subsection (c) and shall notify the congressional defense

committees, the Committee on Oversight and Government

Reform of the House of Representatives, the Committee on

Homeland Security and Governmental Affairs of the Senate,

qualified nonprofit agencies, and central nonprofit agencies of

such dates.

(2) N

OTIFICATION OF IMPLEMENTATION OF RECOMMENDA

TIONS

.—After the establishment of milestone dates under para-

graph (1), the Panel may review the activities, including con-

tracts, of the AbilityOne Commission, the central nonprofit

agencies, and the relevant qualified nonprofit agencies to deter-

mine if the recommendations made under subsection (c) are

being substantially implemented in good faith by the AbilityOne

Commission or such agencies. If the Panel determines that

the AbilityOne Commission or any such agency is not imple-

menting the recommendations, the Panel shall notify the Sec-

retary of Defense, the congressional defense committees, the

Committee on Oversight and Government Reform of the House

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130 STAT. 2330 PUBLIC LAW 114–328—DEC. 23, 2016

of Representatives, and the Committee on Homeland Security

and Governmental Affairs of the Senate.

(g) R

EMEDIES

.—

(1) I

N GENERAL

.—Upon receiving notification under sub-

section (f)(2) and subject to the limitation in paragraph (2),

the Secretary of Defense may take one of the following actions:

(A) With respect to a notification relating to the

AbilityOne Commission, the Secretary may suspend compli-

ance with the requirement to procure a product or service

in section 8504 of title 41, United States Code, until the

date on which the Secretary notifies Congress, in writing,

that the AbilityOne Commission is substantially imple-

menting the recommendations made under subsection (c).

(B) With respect to a notification relating to a qualified

nonprofit agency, the Secretary may terminate a contract

with such agency that is in existence on the date of receipt

of such notification, or elect to not enter into a contract

with such agency after such date, until the date on which

the AbilityOne Commission certifies to the Secretary that

such agency is substantially implementing the rec-

ommendations made under subsection (c).

nonprofit agency, the Secretary may include a term in

a contract entered into after the date of receipt of such

notification with a qualified nonprofit agency that is under

such central nonprofit agency that states that such quali-

fied nonprofit agency shall not pay a fee to such central

nonprofit agency until the date on which the AbilityOne

Commission certifies to the Secretary that such central

nonprofit agency is substantially implementing the rec-

ommendations made under subsection (c).

(2) L

IMITATION

.—If the Secretary of Defense takes any

of the actions described in paragraph (1), the Secretary shall

coordinate with the AbilityOne Commission or the relevant

central nonprofit agency, as appropriate, to fully implement

the recommendations made under subsection (c). On the date

on which such recommendations are fully implemented, the

Secretary shall notify Congress, in writing, and the Secretary’s

authority under paragraph (1) shall terminate.

(h) P

ROGRESS

EPORTS

.—

(1) C

ONSULTATION ON RECOMMENDATIONS

.—Before submit-

ting the progress report required under paragraph (2), the

Panel shall consult with the AbilityOne Commission on draft

recommendations made pursuant to subsection (c). The Panel

shall include any recommendations of the AbilityOne Commis-

sion in the progress report submitted under paragraph (2).

(2) P

ROGRESS REPORT

.—Not later than 180 days after the

date of the enactment of this Act, the Panel shall submit

to the Secretary of Defense, the Chairman of the AbilityOne

Commission, the congressional defense committees, the Com-

mittee on Oversight and Government Reform of the House

of Representatives, and the Committee on Homeland Security

and Governmental Affairs of the Senate a progress report on

the activities of the Panel.

(i) A

NNUAL

EPORT

.—

(1) C

ONSULTATION ON REPORT

.—Before submitting the

annual report required under paragraph (2), the Panel shall

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130 STAT. 2331 PUBLIC LAW 114–328—DEC. 23, 2016

consult with the AbilityOne Commission on the contents of

the report. The Panel shall include any recommendations of

the AbilityOne Commission in the report submitted under para-

graph (2).

(2) R

EPORT

.—Not later than September 30, 2017, and

annually thereafter for the next three years, the Panel shall

submit to the Secretary of Defense, the Chairman of the

AbilityOne Commission, the congressional defense committees,

the Committee on Oversight and Government Reform of the

House of Representatives, and the Committee on Homeland

Security and Governmental Affairs of the Senate a report that

includes—

(A) a summary of findings and recommendations for

the year covered by the report;

(B) a summary of the progress of the relevant qualified

nonprofit agencies or central nonprofit agencies in imple-

menting recommendations of the previous year’s report,

if applicable;

AbilityOne Commission to eliminate waste, fraud, and

abuse and to ensure contracting integrity and account-

ability for any violations of law or regulations;

(D) recommendations for any changes to the acquisition

and contracting practices of the Department of Defense

and the AbilityOne Commission to improve the delivery

of goods and services to the Department of Defense; and

(E) recommendations for administrative safeguards to

ensure the Department of Defense and the AbilityOne

Commission are in compliance with the requirements of

the Javits-Wagner-O’Day Act, Federal civil rights law, and

regulations and policy related to the performance of con-

tracts of the Department of Defense with qualified nonprofit

agencies and the contracts of the AbilityOne Commission

with central nonprofit agencies.

(j) S

UNSET

.—The Panel shall terminate on the date of submis-

sion of the last annual report required under subsection (i).

(k) I

NAPPLICABILITY OF

FACA.—The requirements of the Fed-

eral Advisory Committee Act (5 U.S.C. App.) shall not apply to

the Panel established pursuant to subsection (a).

(l) D

EFENSE

CQUISITION

NIVERSITY

RAINING

.—

(1) I

N GENERAL

.—The Secretary of Defense shall establish

a training program at the Defense Acquisition University estab-

lished under section 1746 of title 10, United States Code. Such

training shall include—

(A) information about—

(i) the mission of the AbilityOne Commission;

(ii) the employment of significantly disabled vet-

erans through contracts from the procurement list

maintained by the AbilityOne Commission;

(iii) reasonable accommodations and accessibility

requirements for the blind and other severely disabled

individuals; and

(iv) Executive orders and other subjects related

to the blind and other severely disabled individuals,

as determined by the Secretary of Defense; and

(B) procurement, acquisition, program management,

and other training specific to procuring goods and services

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130 STAT. 2332 PUBLIC LAW 114–328—DEC. 23, 2016

for the Department of Defense pursuant to the Javits-

Wagner-O’Day Act.

(2) A

CQUISITION WORKFORCE ASSIGNMENT

.—Members of the

acquisition workforce (as defined in section 101 of title 10,

United States Code) who have participated in the training

described in paragraph (1) are eligible for a detail to the

AbilityOne Commission.

(3) A

BILITYONE COMMISSION ASSIGNMENT

.—Career

employees of the AbilityOne Commission may participate in

the training program described in paragraph (1) on a non-

reimbursable basis for up to three years and on a non-reimburs-

able or reimbursable basis thereafter.

(4) F

UNDING

.—Amounts from the Department of Defense

Acquisition Workforce Development Fund established under

section 1705 of title 10, United States Code, are authorized

for use for the detail of members of the acquisition workforce

to the AbilityOne Commission.

(m) D

EFINITIONS

.—In this section:

(1) The term ‘‘AbilityOne Commission’’ means the Com-

mittee for Purchase From People Who Are Blind or Severely

Disabled established under section 8502 of title 41, United

States Code.

(2) The terms ‘‘blind’’, ‘‘qualified nonprofit agency for the

blind’’, ‘‘qualified nonprofit agency for other severely disabled’’,

and ‘‘severely disabled individual’’ have the meanings given

such terms under section 8501 of such title.

(3) The term ‘‘central nonprofit agency’’ means a central

nonprofit agency designated under section 8503(c) of such title.

(4) The term ‘‘executive agency’’ has the meaning given

such term in section 133 of such title.

(5) The term ‘‘Javits-Wagner-O’Day Act’’ means chapter

85 of such title.

(6) The term ‘‘qualified nonprofit agency’’ means—

(A) a qualified nonprofit agency for the blind; or

(B) a qualified nonprofit agency for other severely dis-

abled.

(7) The term ‘‘significantly disabled veteran’’ means a vet-

eran (as defined in section 101 of title 38, United States Code)

who is a severely disabled individual.

SEC. 899. COAST GUARD MAJOR ACQUISITION PROGRAMS.

(a) F

UNCTIONS OF

HIEF

CQUISITION

FFICER

.—Section 56(c)

of title 14, United States Code, is amended by striking ‘‘and’’ after

the semicolon at the end of paragraph (8), striking the period

at the end of paragraph (9) and inserting ‘‘; and’’, and adding

at the end the following:

‘‘(10)(A) keeping the Commandant informed of the progress

of major acquisition programs (as that term is defined in section

581);

‘‘(B) informing the Commandant on a continuing basis of

any developments on such programs that may require new

or revisited trade-offs among cost, schedule, technical feasi-

bility, and performance, including—

‘‘(i) significant cost growth or schedule slippage; and

‘‘(ii) requirements creep (as that term is defined in

section 2547(c)(1) of title 10); and

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130 STAT. 2333 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(C) ensuring that the views of the Commandant regarding

such programs on cost, schedule, technical feasibility, and

performance trade-offs are strongly considered by program man-

agers and program executive officers in all phases of the acquisi-

tion process.’’.

(b) C

USTOMER

ERVICE

ISSION OF

IRECTORATE

.—

(1) I

N GENERAL

.—Chapter 15 of title 14, United States

Code, is amended—

(A) in section 561(b)—

(i) in paragraph (1), by striking ‘‘; and’’ and

inserting a semicolon;

(ii) in paragraph (2), by striking the period and

inserting ‘‘; and’’; and

(iii) by adding at the end the following:

‘‘(3) to meet the needs of customers of major acquisition

programs in the most cost-effective manner practicable.’’;

(B) in section 562, by repealing subsection (b) and

redesignating subsections (c), (d), (f), and (g) as subsections

(b), (c), (d), and (e), respectively;

days after the date of enactment of the Coast Guard

Authorization Act of 2010, the Commandant shall com-

mence implementation of’’ and inserting ‘‘The Commandant

shall maintain’’;

(D) by adding at the end of section 564 the following:

‘‘(c) A

CQUISITION OF

NMANNED

ERIAL

YSTEMS

.—

‘‘(1) I

N GENERAL

.—During any fiscal year for which funds

are appropriated for the design or construction of the Offshore

Patrol Cutter, the Commandant—

‘‘(A) may not award a contract for design of an

unmanned aerial system for use by the Coast Guard; and

‘‘(B) may acquire an unmanned aerial system only—

‘‘(i) if such a system has been acquired by, or

has been used by, the Department of Defense or the

Department of Homeland Security, or a component

thereof, before the date on which the Commandant

acquires the system; and

‘‘(ii) through an agreement with such a department

or component, unless the unmanned aerial system can

be obtained at less cost through independent contract

action.

‘‘(2) L

IMITATIONS ON APPLICATION

.—

‘‘(A) S

MALL UNMANNED AERIAL SYSTEMS

.—The limita-

tions in paragraph (1)(B) do not apply to any small

unmanned aerial system that consists of—

‘‘(i) an unmanned aircraft weighing less than 55

pounds on takeoff, including all components and equip-

ment on board or otherwise attached to the aircraft;

and

‘‘(ii) associated elements (including communication

links and the components that control such aircraft)

that are required for the safe and efficient operation

of such aircraft.

‘‘(B) P

REVIOUSLY FUNDED SYSTEMS

.—The limitations in

paragraph (1) do not apply to the design or acquisition

of an unmanned aerial system for which funds for research,

development, test, and evaluation have been received from

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130 STAT. 2334 PUBLIC LAW 114–328—DEC. 23, 2016

the Department of Defense or the Department of Homeland

Security’’;

(E) in subchapter II, by adding at the end the following:

‘‘§ 578. Role of Vice Commandant in major acquisition pro-

grams

‘‘The Vice Commandant—

‘‘(1) shall represent the customer of a major acquisition

program with regard to trade-offs made among cost, schedule,

technical feasibility, and performance with respect to such pro-

gram; and

‘‘(2) shall advise the Commandant in decisions regarding

the balancing of resources against priorities, and associated

trade-offs referred to in paragraph (1), on behalf of the customer

of a major acquisition program.

‘‘§ 579. Extension of major acquisition program contracts

‘‘(a) I

ENERAL

.—Notwithstanding section 564(a)(2) of this

title and section 2304 of title 10, and subject to subsections (b)

and (c) of this section, the Secretary may acquire additional units

procured under a Coast Guard major acquisition program contract,

by extension of such contract without competition, if the Director

of the Cost Analysis Division of the Department of Homeland Secu-

rity determines that the costs that would be saved through award

of a new contract in accordance with such sections would not

exceed the costs of such an award.

‘‘(b) L

IMITATION ON

UMBER OF

DDITIONAL

NITS

.—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) D

ETERMINATION OF

OSTS

PON

EQUEST

.—The Director

of the Cost Analysis Division of the Department of Homeland Secu-

rity shall, at the request of the Secretary, determine for purposes

of this section—

‘‘(1) the costs that would be saved through award of a

new major acquisition program contract in accordance with

section 564(a)(2) for the acquisition of a number of additional

units specified by the Secretary; and

‘‘(2) the costs of such award, including the costs that would

be incurred due to acquisition schedule delays and asset design

changes associated with such award.

‘‘(d) N

UMBER OF

XTENSIONS

.—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) C

USTOMER OF A MAJOR ACQUISITION PROGRAM

.—The

term ‘customer of a major acquisition program’ means the oper-

ating field unit of the Coast Guard that will field the system

or systems acquired under a major acquisition program.’’; and

(iii) by inserting after paragraph (7), as so redesig-

nated, the following:

‘‘(8) M

AJOR ACQUISITION PROGRAM

.—The term ‘major

acquisition program’ means an ongoing acquisition undertaken

14 USC 579.

14 USC 578.

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130 STAT. 2335 PUBLIC LAW 114–328—DEC. 23, 2016

by the Coast Guard with a life-cycle cost estimate greater

than or equal to $300,000,000.’’.

(2) C

LERICAL 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.’’.

EVIEW

EQUIRED

.—

(1) R

EQUIREMENT

.—The Commandant of the Coast Guard

shall conduct a review of—

(A) the authorities provided to the Commandant in

chapter 15 of title 14, United States Code, and other rel-

evant statutes and regulations related to Coast Guard

acquisitions, including developing recommendations to

ensure that the Commandant plays an appropriate role

in the development of requirements, acquisition processes,

and the associated budget practices;

(B) implementation of the strategy prepared in accord-

ance with section 562(b)(2) of title 14, United States Code,

as in effect before the enactment of the National Defense

Authorization Act for Fiscal Year 2017; and

the Coast Guard to ensure such policies, directives, and

regulations establish a customer-oriented acquisition

system.

(2) R

EPORT

.—Not later than March 1, 2017, the Com-

mandant shall submit to the Committee on Transportation

and Infrastructure of the House of Representatives and the

Committee on Commerce, Science, and Transportation of the

Senate a report containing, at a minimum, the following:

(A) The recommendations developed by the Com-

mandant under paragraph (1) and other results of the

review conducted under such paragraph.

(B) The actions the Commandant is taking, if any,

within the Commandant’s existing authority to implement

such recommendations.

(3) M

ODIFICATION OF POLICIES

DIRECTIVES

AND REGULA

TIONS

.—Not later than one year after the date of the enactment

of this Act, the Commandant of the Coast Guard shall modify

the acquisition policies, directives, and regulations of the Coast

Guard as necessary to ensure the development and implementa-

tion of a customer-oriented acquisition system, pursuant to

the review under paragraph (1)(C).

(d) A

NALYSIS OF

SING

ULTIYEAR

ONTRACTING

.—

(1) I

N GENERAL

.—No later than one year after the date

of the enactment of this Act, the Secretary of the department

in which the Coast Guard is operating shall submit to the

Committee on Transportation and Infrastructure of the House

of Representatives and the Committee on Commerce, Science,

and Transportation of the Senate an analysis of the use of

multiyear contracting, including procurement authority pro-

vided under section 2306b of title 10, United States Code,

and authority similar to that granted to the Navy under section

121(b) of the National Defense Authorization Act for Fiscal

Year 1998 (Public Law 105–85; 111 Stat. 1648) and section

150 of the Continuing Appropriations Act, 2011 (Public Law

14 USC 561 note.

14 USC 561 prec.

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130 STAT. 2336 PUBLIC LAW 114–328—DEC. 23, 2016

111–242; 124 Stat. 3519), to acquire any combination of at

least five—

(A) Fast Response Cutters, beginning with hull 43;

and

(B) Offshore Patrol Cutters, beginning with hull 5.

(2) C

ONTENTS

.—The analysis under paragraph (1) shall

include the costs and benefits of using multiyear contracting,

the impact of multiyear contracting on delivery timelines, and

whether the acquisitions examined would meet the tests for

the use of multiyear procurement authorities.

SEC. 899A. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERV-

ICES PRODUCED IN AFRICA IN SUPPORT OF CERTAIN

ACTIVITIES.

(a) I

ENERAL

.—Except as provided in subsection (c), in the

case of a product or service to be acquired in support of covered

activities in a covered African country for which the Secretary

of Defense makes a determination described in subsection (b), the

Secretary may conduct a procurement in which—

(1) competition is limited to products or services from the

host nation;

(2) a preference is provided for products or services from

the host nation; or

(3) a preference is provided for products or services from

a covered African country, other than the host nation.

(b) D

ETERMINATION

.—

(1) I

N GENERAL

.—A determination described in this sub-

section is a determination by the Secretary of any of the fol-

lowing:

(A) That the product or service concerned is to be

used only in support of covered activities.

(B) That it is in the national security interests of

the United States to limit competition or provide a pref-

erence as described in subsection (a) because such limita-

tion or preference is necessary—

(i) to reduce overall United States transportation

costs and risks in shipping products in support of oper-

ations, exercises, theater security cooperation activi-

ties, and other missions in the African region;

(ii) to reduce delivery times in support of covered

activities; or

(iii) to promote regional security and stability in

Africa.

to a product or service that would have otherwise been

acquired without such limitation or preference.

(2) R

EQUIREMENT FOR EFFECTIVENESS OF ANY PARTICULAR

DETERMINATION

.—A determination under paragraph (1) shall

not be effective for purposes of a limitation or preference under

subsection (a) unless the Secretary also determines that—

(A) the limitation or preference will not adversely

affect—

(i) United States military operations or stability

operations in the African region; or

(ii) the United States industrial base; and

(B) in the case of air transportation, an air carrier

holding a certificate under section 41102 of title 49, United

10 USC 2302

note.

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130 STAT. 2337 PUBLIC LAW 114–328—DEC. 23, 2016

States Code, is not reasonably available to provide the

air transportation.

NAPPLICABILITY OF

UTHORITY TO

ROCUREMENT OF

TEMS

BILITYONE

ROCUREMENT

ATALOG

.—The authority under sub-

section (a) may not be used for the procurement of any good that

is contained in the procurement list described in section 8503(a)

of title 41, United States Code, if such good can be produced

and delivered by a qualified non profit agency for the blind or

a nonprofit agency for other severely disabled in a timely fashion

to support mission requirements.

(d) R

EPORT ON

SE OF

UTHORITY

.—Not later than December

31, 2017, the Secretary shall submit to the congressional defense

committees a report on the use of the authority in subsection

(a). The report shall include, but not be limited to, the following:

(1) The number of determinations made by the Secretary

pursuant to subsection (b).

(2) A list of the countries providing products or services

as a result of determinations made pursuant to subsection

(b).

(3) A description of the products and services acquired

using the authority.

(4) The extent to which the use of the authority has met

the one or more of the objectives specified in clause (i), (ii),

or (iii) of subsection (b)(1)(B).

(5) Such recommendations for improvements to the

authority as the Secretary considers appropriate.

(6) Such other matters as the Secretary considers appro-

priate.

(e) D

EFINITIONS

.—In this section:

(1) C

OVERED ACTIVITIES

.—The term ‘‘covered activities’’

means Department of Defense activities in the African region

or a regional neighbor.

(2) C

OVERED AFRICAN COUNTRY

.—The term ‘‘covered African

country’’ means a country in Africa that has signed a long-

term agreement with the United States related to the basing

or operational needs of the United States Armed Forces.

(3) H

OST NATION

.—The term ‘‘host nation’’ means a nation

that allows the Armed Forces and supplies of the United States

to be located on, to operate in, or to be transported through

its territory.

(4) P

RODUCT OR SERVICE OF A COVERED AFRICAN COUNTRY

.—

The term ‘‘product or service of a covered African country’’

means the following:

(A) A product from a covered African country that

is wholly grown, mined, manufactured, or produced in the

covered African country.

(B) A service from a covered African country that is

performed by a person or entity that—

(i) is properly licensed or registered by appropriate

authorities of the covered African country; and

(ii) as determined by the Chief of Mission con-

cerned—

(I) is operating primarily in the covered Afri-

can country; or

(II) is making a significant contribution to the

economy of the covered African country through

payment of taxes or use of products, materials,

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130 STAT. 2338 PUBLIC LAW 114–328—DEC. 23, 2016

or labor that are primarily grown, mined, manufac-

tured, produced, or sourced from the covered Afri-

can country.

(f) C

ONFORMING

MENDMENT

.—Section 1263 of the National

Defense Authorization Act for Fiscal Year 2015 (Public Law 113–

291; 128 Stat. 3581) is repealed.

TITLE IX—DEPARTMENT OF DEFENSE

ORGANIZATION AND MANAGEMENT

Subtitle A—Office of the Secretary of Defense and Related Matters

Sec. 901. Organization of the Office of the Secretary of Defense.

Sec. 902. Responsibilities and reporting of the Chief Information Officer of the De-

partment of Defense.

Sec. 903. Maximum number of personnel in the Office of the Secretary of Defense

and other Department of Defense headquarters offices.

Sec. 904. Repeal of Financial Management Modernization Executive Committee.

Subtitle B—Organization and Management of the Department of Defense Generally

Sec. 911. Organizational strategy for the Department of Defense.

Sec. 912. Policy, organization, and management goals and priorities of the Sec-

retary of Defense for the Department of Defense.

Sec. 913. Secretary of Defense delivery unit.

Sec. 914. Performance of civilian functions by military personnel.

Sec. 915. Repeal of requirements relating to efficiencies plan for the civilian per-

sonnel workforce and service contractor workforce of the Department of

Defense.

Subtitle C—Joint Chiefs of Staff and Combatant Command Matters

Sec. 921. Joint Chiefs of Staff and related combatant command matters.

Sec. 922. Organization of the Department of Defense for management of special op-

erations forces and special operations.

Sec. 923. Establishment of unified combatant command for cyber operations.

Sec. 924. Assigned forces of the combatant commands.

Sec. 925. Modifications to the requirements process.

Sec. 926. Review of combatant command organization.

Subtitle D—Organization and Management of Other Department of Defense Offices

and Elements

Sec. 931. Qualifications for appointment of the Secretaries of the military depart-

ments.

Sec. 932. Enhanced personnel management authorities for the Chief of the Na-

tional Guard Bureau.

Sec. 933. Reorganization and redesignation of Office of Family Policy and Office of

Community Support for Military Families with Special Needs.

Sec. 934. Redesignation of Assistant Secretary of the Air Force for Acquisition as

Assistant Secretary of the Air Force for Acquisition, Technology, and Lo-

gistics.

Subtitle E—Strategies, Reports, and Related Matters

Sec. 941. National defense strategy.

Sec. 942. Commission on the National Defense Strategy for the United States.

Sec. 943. Reform of the national military strategy.

Sec. 944. Form of annual national security strategy report.

Sec. 945. Modification to independent study of national security strategy formula-

tion process.

Subtitle F—Other Matters

Sec. 951. Enhanced security programs for Department of Defense personnel and in-

novation initiatives.

Sec. 952. Modification of authority of the Secretary of Defense relating to protection

of the Pentagon Reservation and other Department of Defense facilities

in the National Capital Region.

Sec. 953. Modifications to requirements for accounting for members of the Armed

Forces and Department of Defense civilian employees listed as missing.

Sec. 954. Modifications to corrosion report.

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130 STAT. 2339 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle A—Office of the Secretary of

Defense and Related Matters

SEC. 901. ORGANIZATION OF THE OFFICE OF THE SECRETARY OF

DEFENSE.

(a) U

NDER

ECRETARY OF

EFENSE FOR

ESEARCH AND

NGINEERING

.—

(1) I

N GENERAL

.—Effective on February 1, 2018, chapter

4 of title 10, United States Code, is amended by striking section

133 and inserting the following new section:

‘‘§ 133a. Under Secretary of Defense for Research and

Engineering

‘‘(a) U

NDER

ECRETARY OF

EFENSE

.—There is an Under Sec-

retary of Defense for Research and Engineering, appointed from

civilian life by the President, by and with the advice and consent

of the Senate. The Under Secretary shall be appointed from among

persons who have an extensive technology, science, or engineering

background and experience with managing complex or advanced

technological programs. A person may not be appointed as Under

Secretary within seven years after relief from active duty as a

commissioned officer of a regular component of an armed force.

‘‘(b) D

UTIES AND

OWERS

.—Subject to the authority, direction,

and control of the Secretary of Defense, the Under Secretary shall

perform such duties and exercise such powers as the Secretary

may prescribe, including—

‘‘(1) serving as the chief technology officer of the Depart-

ment of Defense with the mission of advancing technology

and innovation for the armed forces (and the Department);

‘‘(2) establishing policies on, and supervising, all defense

research and engineering, technology development, technology

transition, prototyping, experimentation, and developmental

testing activities and programs, including the allocation of

resources for defense research and engineering, and unifying

defense research and engineering efforts across the Depart-

ment; and

‘‘(3) serving as the principal advisor to the Secretary on

all research, engineering, and technology development activities

and programs in the Department.

‘‘(c) P

RECEDENCE IN

EPARTMENT OF

EFENSE

.—

‘‘(1) P

RECEDENCE IN MATTERS OF RESPONSIBILITY

.—With

regard to all matters for which the Under Secretary has respon-

sibility by the direction of the Secretary of Defense or by

law, the Under Secretary takes precedence in the Department

of Defense after the Secretary and the Deputy Secretary of

Defense.

‘‘(2) P

RECEDENCE IN OTHER MATTERS

.—With regard to all

matters other than the matters for which the Under Secretary

has responsibility by the direction of the Secretary or by law,

the Under Secretary takes precedence in the Department of

Defense after the Secretary, the Deputy Secretary, and the

Secretaries of the military departments.’’.

(2) S

ERVICE OF INCUMBENT USD FOR ATL IN POSITION

.—

The individual serving as Under Secretary of Defense for

Acquisition, Technology, and Logistics under section 133 of

title 10, United States Code, as of February 1, 2018, may

10 USC 133a

note.

10 USC 133a.

10 USC 133a

note.

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130 STAT. 2340 PUBLIC LAW 114–328—DEC. 23, 2016

continue to serve as Under Secretary of Defense for Research

and Engineering commencing as of that date, without further

appointment under section 133a of such title, as added by

paragraph (1).

(b) U

NDER

ECRETARY OF

EFENSE FOR

CQUISITION AND

USTAINMENT

.—Effective on February 1, 2018, chapter 4 of title

10, United States Code, is further amended by inserting after

section 133a, as added by subsection (a), the following new section:

‘‘§ 133b. Under Secretary of Defense for Acquisition and

Sustainment

‘‘(a) U

NDER

ECRETARY OF

EFENSE

.—There is an Under Sec-

retary of Defense for Acquisition and Sustainment, appointed from

civilian life by the President, by and with the advice and consent

of the Senate. The Under Secretary shall be appointed from among

persons who have an extensive system development, engineering,

production, or management background and experience with man-

aging complex programs. A person may not be appointed as Under

Secretary within seven years after relief from active duty as a

commissioned officer of a regular component of an armed force.

‘‘(b) D

UTIES AND

OWERS

.—Subject to the authority, direction,

and control of the Secretary of Defense, the Under Secretary shall

perform such duties and exercise such powers as the Secretary

may prescribe, including—

‘‘(1) serving as the chief acquisition and sustainment officer

of the Department of Defense with the mission of delivering

and sustaining timely, cost-effective capabilities for the armed

forces (and the Department);

‘‘(2) establishing policies on, and supervising, all elements

of the Department relating to acquisition (including system

design, development, and production, and procurement of goods

and services) and sustainment (including logistics, mainte-

nance, and materiel readiness);

‘‘(3) establishing policies for access to, and maintenance

of, the defense industrial base and materials critical to national

security, and policies on contract administration;

‘‘(4) serving as—

‘‘(A) the principal advisor to the Secretary on acquisi-

tion and sustainment in the Department;

‘‘(B) the senior procurement executive for the Depart-

ment for the purposes of section 1702(c) of title 41; and

‘‘(C) the Defense Acquisition Executive for purposes

of regulations and procedures of the Department providing

for a Defense Acquisition Executive;

‘‘(5) overseeing the modernization of nuclear forces and

the development of capabilities to counter weapons of mass

destruction, and serving as the chairman of the Nuclear

Weapons Council and the co-chairman of the Council on Over-

sight of the National Leadership Command, Control, and

Communications System;

‘‘(6) the authority to direct the Secretaries of the military

departments and the heads of all other elements of the Depart-

ment with regard to matters for which the Under Secretary

has responsibility, except that the Under Secretary shall exer-

cise supervisory authority over service acquisition programs

for which the service acquisition executive is the milestone

decision authority; and

10 USC 133b.

10 USC 133b

note.

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130 STAT. 2341 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(7) to the extent directed by the Secretary, exercising

overall supervision of all personnel (civilian and military) in

the Office of the Secretary of Defense with regard to matters

for which the Under Secretary has responsibility, unless other-

wise provided by law.

‘‘(c) P

RECEDENCE IN

EPARTMENT OF

EFENSE

.—

‘‘(1) P

RECEDENCE IN MATTERS OF RESPONSIBILITY

.—With

regard to all matters for which the Under Secretary has respon-

sibility by the direction of the Secretary of Defense or by

law, the Under Secretary takes precedence in the Department

of Defense after the Secretary, the Deputy Secretary of Defense,

and the Under Secretary of Defense for Research and

Engineering.

‘‘(2) P

RECEDENCE IN OTHER MATTERS

.—With regard to all

matters other than the matters for which the Under Secretary

has responsibility by the direction of the Secretary or by law,

the Under Secretary takes precedence in the Department of

Defense after the Secretary, the Deputy Secretary, the Under

Secretary of Defense for Research and Engineering, and the

Secretaries of the military departments.’’.

HIEF

ANAGEMENT

FFICER

.—

(1) I

N GENERAL

.—Effective on February 1, 2018, there is

a Chief Management Officer of the Department of Defense.

(2) A

PPOINTMENT

.—The Chief Management Officer shall

be appointed from civilian life by the President, by and with

the advice and consent of the Senate. The Chief Management

Officer shall be appointed from among persons who have an

extensive management or business background and experience

with managing large or complex organizations. A person may

not be appointed as Chief Management Officer within seven

years after relief from active duty as a commissioned officer

of a regular component of an Armed Force.

(3) D

UTIES AND POWERS

.—Subject to the authority, direc-

tion, and control of the Secretary of Defense, the Chief Manage-

ment Officer shall perform such duties and exercise such powers

as the Secretary may prescribe, including—

(A) serving as the chief management officer of the

Department of Defense with the mission of managing the

business operations of the Department;

(B) establishing policies on, and supervising, all busi-

ness operations of the Department, including business

transformation, business planning and processes, perform-

ance management, and business information technology

management and improvement activities and programs,

including the allocation of resources for business oper-

ations, and unifying business management efforts across

the Department;

on all business operations activities and programs in the

Department; and

(D) the authority to direct the Secretaries of the mili-

tary departments and the heads of all other elements of

the Department with regard to matters for which the Chief

Management Officer has responsibility.

(4) C

ONFORMING AMENDMENTS

.—Effective on February 1,

2018, section 132 of title 10, United States Code, is amended—

(A) by striking subsection (c); and

10 USC 131 note.

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130 STAT. 2342 PUBLIC LAW 114–328—DEC. 23, 2016

(B) by redesignating subsections (d) and (e) as sub-

sections (c) and (d), respectively.

(d) R

EPEAL OF

ENDING

UTHORITY

STABLISH

NDER

RETARY OF

EFENSE FOR

USINESS

ANAGEMENT AND

NFORMA

TION

.—Subsection (a) of section 901 of the Carl Levin and Howard

P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal

Year 2015 (Public Law 113–291; 128 Stat. 3462) is repealed.

(e) R

EPEAL OF

ERTAIN

ASD

AND

IRECTOR

OSITIONS

.—

Chapter 4 of title 10, United States Code, is further amended—

(1) in section 138(b)—

(A) by striking paragraphs (6), (7), (8), and (9); and

(B) by redesignating paragraph (10) as paragraph (6);

and

(2) by striking sections 139b and 139c.

(f) O

FFICE OF THE

ECRETARY OF

EFENSE

.—Effective on Feb-

ruary 1, 2018, section 131(b)(2) of title 10, United States Code,

is amended—

(1) by redesignating subparagraphs (B) through (E) as sub-

paragraphs (C) through (F), respectively; and

(2) by striking subparagraph (A) and inserting the following

new subparagraphs:

‘‘(A) The Under Secretary of Defense for Research and

Engineering.

‘‘(B) The Under Secretary of Defense for Acquisition

and Sustainment.’’.

(g) T

ABLE OF

ECTION

MENDMENTS

.—

(1) T

ABLE OF SECTIONS EFFECTIVE ON ENACTMENT

.—The

table of sections at the beginning of chapter 4 of title 10,

United States Code, is amended by striking the items relating

to sections 139b and 139c.

(2) T

ABLE OF SECTIONS EFFECTIVE ON DELAYED EFFECTIVE

DATE

.—Effective on February 1, 2018, the table of sections

at the beginning of chapter 4 of such title is further amended

by striking the item relating to section 133 and inserting the

following new items:

‘‘133a. Under Secretary of Defense for Research and Engineering.

‘‘133b. Under Secretary of Defense for Acquisition and Sustainment.’’.

(h) E

XECUTIVE

CHEDULE

EVEL

II.—Effective on February 1,

2018, section 5313 of title 5, United States Code, is amended

by striking the item relating to the Under Secretary of Defense

for Acquisition, Technology, and Logistics and inserting the fol-

lowing new items:

‘‘Under Secretary of Defense for Research and Engineering.

‘‘Under Secretary of Defense for Acquisition and

Sustainment.’’.

(i) R

EVIEW

EQUIRED

.—

(1) I

N GENERAL

.—The Secretary of Defense shall conduct

a review and identify a recommended organizational and

management structure for the Department of Defense that

implements the organizational policy guidance expressed in

this section and the amendments made by this section.

(2) E

LEMENTS

.—The review and recommendations shall

address, but not be limited to, the following:

5 USC 5313 note.

10 USC 131 prec.

10 USC 131 note.

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130 STAT. 2343 PUBLIC LAW 114–328—DEC. 23, 2016

(A) The organizational and management structure of

the Department including the disposition of leadership posi-

tions, subordinate organizations, and defined relationships

across such leadership positions and organizations.

(B) The recommended disposition within the Office of

the Secretary of Defense of the various Assistant Secre-

taries of Defense, Deputy Assistant Secretaries of Defense,

and Directors affected by the organizational policy guid-

ance.

and authorities, as directed by the Secretary, for the

organizational and management structure covered by

subparagraph (A).

(j) R

EPORTS

.—

(1) I

NTERIM REPORT

.—Not later than March 1, 2017, the

Secretary of Defense shall submit to the congressional defense

committees an interim report on the review and recommended

organizational and management structure for the Department

of Defense as required by subsection (i).

(2) F

INAL REPORT

.—Not later than August 1, 2017, the

Secretary shall submit to the congressional defense committees

a final report on the review and recommended organizational

and management structure, including—

(A) a proposed implementation plan for how the

Department would implement its recommendations;

(B) recommendations for revisions to appointments and

qualifications, duties and powers, and precedent in the

Department;

trative action, including conforming and other amendments

to law, as the Secretary considers appropriate to implement

the plan; and

(D) any other matters that the Secretary considers

appropriate.

SEC. 902. RESPONSIBILITIES AND REPORTING OF THE CHIEF

INFORMATION OFFICER OF THE DEPARTMENT OF

DEFENSE.

(a) I

ENERAL

.—Section 142(b)(1) of title 10, United States

Code, is amended—

(1) in subparagraph (C), by striking ‘‘and’’ at the end;

(2) in subparagraph (D), by striking the period at the

end and inserting a semicolon; and

(3) by adding at the end the following new subparagraphs:

‘‘(E) exercises authority, direction, and control over the

Defense Information Systems Agency, or any successor

organization;

‘‘(F) has the responsibilities for policy, oversight, guidance,

and coordination for all Department of Defense matters related

to electromagnetic spectrum, including coordination with other

Federal and industry agencies, coordination for classified pro-

grams, and in coordination with the Under Secretary for Per-

sonnel and Readiness, policies related to spectrum management

workforce;

‘‘(G) has the responsibilities for policy, oversight, guidance,

and coordination for nuclear command and control systems;

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130 STAT. 2344 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(H) has the responsibilities for policy, oversight, and guid-

ance for matters related to precision navigation and timing;

and

‘‘(I) has the responsibilities for policy, oversight, and guid-

ance for the architecture and programs related to the net-

working and cyber defense architecture of the Department.’’.

(b) D

IRECT

EPORTING

.—Section 151(b)(5) of such title is

amended by inserting before the period at the end the following:

‘‘, who reports directly to the Secretary and Deputy Secretary with-

out intervening authority’’.

SEC. 903. MAXIMUM NUMBER OF PERSONNEL IN THE OFFICE OF THE

SECRETARY OF DEFENSE AND OTHER DEPARTMENT OF

DEFENSE HEADQUARTERS OFFICES.

(a) O

FFICE OF THE

ECRETARY OF

EFENSE

.—Section 143(b)

of title 10, United States Code, is amended by striking ‘‘and civilian

personnel’’ and inserting ‘‘, civilian, and detailed personnel’’.

(b) J

OINT

TAFF

.—

(1) I

N GENERAL

.—Section 155 of such title is amended

by adding at the end the following new subsection:

‘‘(h) P

ERSONNEL

IMITATIONS

.—(1) The total number of mem-

bers of the armed forces and civilian employees assigned or detailed

to permanent duty for the Joint Staff may not exceed 2,069.

‘‘(2) Not more than 1,500 members of the armed forces on

the active-duty list may be assigned or detailed to permanent duty

for the Joint Staff.

‘‘(3) The limitations in paragraphs (1) and (2) do not apply

in time of war.

‘‘(4) Each limitation in paragraphs (1) and (2) may be exceeded

by a number equal to 15 percent of such limitation in time of

national emergency.’’.

(2) E

FFECTIVE DATE

.—The amendment made by paragraph

(1) shall take effect on December 31, 2019.

FFICE OF THE

ECRETARY OF THE

RMY

.—Section 3014(f)

of such title is amended—

(1) in paragraph (4), by striking ‘‘time of war’’ and all

that follows and inserting ‘‘time of war.’’; and

(2) by adding at the end the following new paragraph:

‘‘(5) Each limitation in paragraphs (1) and (2) may be exceeded

by a number equal to 15 percent of such limitation in time of

national emergency.’’.

(d) O

FFICE OF THE

ECRETARY OF THE

AVY

.—Section 5014(f)

of such title is amended—

(1) in paragraph (4), by striking ‘‘time of war’’ and all

that follows and inserting ‘‘time of war.’’; and

(2) by adding at the end the following new paragraph:

‘‘(5) Each limitation in paragraphs (1) and (2) may be exceeded

by a number equal to 15 percent of such limitation in time of

national emergency.’’.

(e) O

FFICE OF THE

ECRETARY OF THE

ORCE

.—Section

8014(f) of such title is amended—

(1) in paragraph (4), by striking ‘‘time of war’’ and all

that follows and inserting ‘‘time of war.’’; and

(2) by adding at the end the following new paragraph:

‘‘(5) Each limitation in paragraphs (1) and (2) may be exceeded

by a number equal to 15 percent of such limitation in time of

national emergency.’’.

10 USC 155 note.

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130 STAT. 2345 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 904. REPEAL OF FINANCIAL MANAGEMENT MODERNIZATION

EXECUTIVE COMMITTEE.

(a) R

EPEAL

.—Section 185 of title 10, United States Code, is

repealed.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 7 of such title is amended by striking the item

relating to section 185.

Subtitle B—Organization and Management

of the Department of Defense Generally

SEC. 911. ORGANIZATIONAL STRATEGY FOR THE DEPARTMENT OF

DEFENSE.

(a) O

RGANIZATIONAL

TRATEGY

EQUIRED

.—

(1) I

N GENERAL

.—Not later than September 1, 2017, the

Secretary of Defense shall formulate and issue to the Depart-

ment of Defense an organizational strategy for the Department

that—

(A) identifies the critical objectives and other organiza-

tional outputs for the Department that span multiple func-

tional boundaries and would benefit from the use of cross-

functional teams under this section to ensure collaboration

and integration across organizations within the Depart-

ment;

(B) improves the manner in which the Department

integrates the expertise and capacities of the functional

components of the Department for effective and efficient

achievement of such objectives and outputs;

processes involving the Office of the Secretary of Defense,

the Joint Staff, the combatant commands, the military

departments, and the Defense Agencies with regard to

such objectives and outputs;

(D) improves the ability of the Department to work

effectively in interagency processes with regard to such

objectives and outputs in order to better serve the Presi-

dent; and

(E) achieves an organizational structure that enhances

performance with regard to such objectives and outputs.

(2) E

LEMENTS

.—The strategy shall provide for the fol-

lowing:

(A) The appropriate use of cross-functional teams to

manage critical objectives and outputs of the Department

described in paragraph (1)(A).

(B) The furtherance and advancement of a collabo-

rative, team-oriented, results-driven, and innovative cul-

ture within the Department that fosters an open debate

of ideas and alternative courses of action, and supports

cross-functional teaming and integration.

(b) A

CTIONS IN

UPPORT OF

TRATEGY

.—

(1) S

TUDY

.—The Department of Defense shall conduct a

study of the following in order to determine how best to imple-

ment effective cross-functional teams in the Department to

achieve the strategic objectives of the Secretary of Defense:

10 USC 111 note.

10 USC 171 prec.

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130 STAT. 2346 PUBLIC LAW 114–328—DEC. 23, 2016

(A) Lessons learned, as reflected in academic literature,

business and management school case studies, and the

work of leading management consultant firms, on the

successful and failed application of cross-functional teams

in the private sector and government, and on the cultural

factors necessary to support effective cross-functional

teams.

(B) The historical and current use by the Department

of cross-functional working groups, integrated process

teams, councils, and committees, and the reasons why such

entities have or have not achieved high levels of teamwork

or effectiveness.

(2) C

ONDUCT OF STUDY

.—The study required by paragraph

(1) shall be conducted by an independent organization with

widely acknowledged expertise in modern organizational

management and teaming selected by the Secretary for pur-

poses of the study.

(3) S

CHEDULE

.—The Secretary shall award any necessary

contract for the study required by paragraph (1) pursuant to

paragraph (2) by not later than March 15, 2017, and shall

provide the results of the study to the congressional defense

committees by not later than July 15, 2017.

ROSS

FUNCTIONAL

EAMS

.—In support of the strategy

required by subsection (a):

(1) I

N GENERAL

.—The Secretary of Defense shall establish

cross-functional teams to address critical objectives and outputs

for such teams as are determined to be appropriate in accord-

ance with the organizational strategy issued under subsection

(a), with initial teams established by not later than September

30, 2017.

(2) P

URPOSES

.—The purposes of cross-functional teams

established pursuant to this subsection shall be, as determined

appropriate by the Secretary—

(A) to provide for effective collaboration and integration

across organizational and functional boundaries in the

Department of Defense;

(B) to develop, at the direction of the Secretary, rec-

ommendations for comprehensive and fully integrated poli-

cies, strategies, plans, and resourcing decisions;

the extent authorized by the Secretary and within param-

eters established by the Secretary; and

(D) to provide oversight for and, as directed by the

Secretary, supervise the implementation of approved poli-

cies, strategies, plans, and resourcing decisions approved

by the Secretary.

(3) G

UIDANCE ON TEAMS

.—Not later than September 30,

2017, the Secretary shall issue guidance—

(A) addressing the role, authorities, reporting relation-

ships, resourcing, manning, training, and operations of

cross-functional teams established pursuant to this sub-

section;

(B) delineating decision-making authority of such

teams;

of the Department that provide personnel to such teams

respect and respond to team needs and activities; and

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130 STAT. 2347 PUBLIC LAW 114–328—DEC. 23, 2016

(D) emphasizing that personnel selected for assignment

to such teams shall faithfully represent the views and

expertise of their functional components while contributing

to the best of their ability to the success of the team

concerned.

(4) P

ARTICIPANTS

.—In establishing a cross-functional team

pursuant to this subsection, the Secretary shall consider per-

sonnel from the Office of the Secretary of Defense, the Joint

Staff, the military departments, and the Defense Agencies in

all functional areas that the Secretary considers appropriate.

(5) T

EAM PERSONNEL

.—For each cross-functional team

established by the Secretary pursuant to this subsection, the

Secretary shall—

(A) assign as leader of such team a senior qualified

and experienced individual, who shall report directly to

the Secretary regarding the activities of such team;

(B) delegate to the team leader designated pursuant

to subparagraph (A) authority to select members of such

team from among civilian employees of the Department

and members of the Armed Forces in any grade who are

recommended for membership on such team by the head

of a functional component of the Department within the

Office of the Secretary of Defense, the Joint Staff, and

the military departments, by the commander of a combat-

ant command, or by the director of a Defense Agency;

support from team members, and the means to co-locate

team members;

(D) ensure that team members and all leaders in func-

tional organizations that are in the supervisory chain for

personnel serving on such team receive training in elements

of successful cross-functional teams, including teamwork,

collaboration, conflict resolution, and appropriately rep-

resenting the views and expertise of their functional compo-

nents; and

(E) ensure that the congressional defense committees

are provided information on the progress and results of

such team upon request.

(6) T

EAM STRATEGIES AND DECISION

MAKING AUTHORITY

.—

(A) I

N GENERAL

.—The Secretary shall ensure that the

objectives of each cross-functional team established pursu-

ant to this subsection are clearly established in writing,

through a memorandum, statement, charter, or similar

document.

(B) M

ETRICS

.—To improve team performance and

accountability, the Secretary shall task each team, as

appropriate, to establish a strategy to achieve the objectives

specified by the Secretary, metrics for evaluation of the

achievement of such objectives by such team, and the align-

ment of individual and team goals for the achievement

of such objectives by such team.

ELEGATION OF AUTHORITY

.—The Secretary may

delegate to a team any decision-making authority that,

and shall delegate such authority as, the Secretary con-

siders appropriate to permit such team to achieve the objec-

tives established by the Secretary.

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130 STAT. 2348 PUBLIC LAW 114–328—DEC. 23, 2016

(7) R

EVIEW OF TEAMS

.—Not later than 18 months after

the date on which the first cross-functional team is established

pursuant to this subsection, the Secretary shall complete an

analysis, with support from external experts in organizational

and management sciences, of the successes and failures of

teams established pursuant to this subsection, and determine

how to apply the lessons learned from that analysis.

(8) R

EPORT ON ESTABLISHMENT

.—Not later than 18 months

after the date of the enactment of this Act, the Secretary

shall submit to Congress a report on the establishment of

cross-functional teams under this subsection, including descrip-

tions from the leaders of teams established prior to the date

on which this report is submitted of the manner in which

the teams were designed and how they functioned.

(d) D

IRECTIVE ON

OLLABORATIVE

ULTURE AND

EHAVIOR

.—

The guidance issued by the Secretary of Defense pursuant to sub-

section (c)(3) shall also—

(1) articulate the shared purposes, values, and principles

for the operation of the Office of the Secretary of Defense

that are required to promote a team-oriented, collaborative,

results-driven culture within the Office to support the primary

objectives of the Department of Defense;

(2) ensure that collaboration across functional and

organizational boundaries is an important factor in the perform-

ance review of leaders of cross-functional teams established

pursuant to subsection (c), members of teams, and other appro-

priate leaders of the Department; and

(3) identify key practices that senior leaders of the Depart-

ment should follow with regard to leadership, organizational

practice, collaboration, and the functioning of cross-functional

teams, and the types of personnel behavior that senior leaders

should encourage and discourage.

(e) S

TREAMLINING OF

RGANIZATIONAL

TRUCTURE AND

ROC

ESSES OF

OSD.—Not later than 18 months after the date of the

enactment of this Act, the Secretary of Defense shall take such

actions as the Secretary considers appropriate to streamline the

organizational structure and processes of the Office of the Secretary

of Defense in order to increase spans of control, achieve a reduction

in layers of management, eliminate unnecessary duplication

between the Office and the Joint Staff, and reduce the time required

to complete standard processes and activities.

(f) T

RAINING FOR

NDIVIDUALS

OMINATED FOR

PPOINTMENT

FOR

OSD P

OSITIONS

ONFIRMED BY THE

ENATE

.—

(1) I

N GENERAL

.—Within three months of the appointment

of an individual to a position in the Office of the Secretary

of Defense appointable by and with the advice and consent

of the Senate, the individual shall complete a course of instruc-

tion in leadership, modern organizational practice, collabora-

tion, and the operation of teams described in subsection (c).

(2) W

AIVER

.—The President may waive the requirement

in paragraph (1) with respect to an individual if the Secretary

determines in writing that the individual possesses, through

training and experience, the skill and knowledge otherwise

to be provided through a course of instruction as described

in that paragraph.

(g) C

OMPTROLLER

ENERAL OF THE

NITED

TATES

SSESS

MENTS

.—

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130 STAT. 2349 PUBLIC LAW 114–328—DEC. 23, 2016

(1) B

IANNUAL REPORT ON ASSESSMENTS

.—Not later than

six months after the date of the enactment of this Act, and

every six months thereafter through December 31, 2019, the

Comptroller General of the United States shall submit to the

Committees on Armed Services of the Senate and the House

of Representatives a report setting forth a comprehensive

assessment of the actions taken under this section during the

six-month period ending on the date of such report and cumula-

tively since the date of the enactment of this Act.

(2) A

SSESSMENT TEAM

.—The Comptroller General may

establish within the Government Accountability Office a team

of analysts to assist the Comptroller General in the performance

assessments required by this subsection.

SEC. 912. POLICY, ORGANIZATION, AND MANAGEMENT GOALS AND

PRIORITIES OF THE SECRETARY OF DEFENSE FOR THE

DEPARTMENT OF DEFENSE.

(a) I

ENERAL

.—A Secretary of Defense serving in that posi-

tion pursuant to an appointment to that position after January

20, 2017, shall submit to the Committees on Armed Services of

the Senate and the House of Representatives, not later than each

of the deadlines specified in subsection (b), a report on the policy,

organization, and management goals and priorities of the Secretary

for the Department of Defense. Each report shall include, current

as of the date of such report, an identification of the following:

(1) Policy goals and priorities, including specific and meas-

urable performance and implementation targets.

(2) Organization and management goals and priorities,

including specific and measurable performance and

implementation targets that address, but are not limited to,

the following:

(A) The elimination or consolidation of any unnecessary

or redundant functions within the Department.

(B) Force management and shaping, including rec-

ommendations for such legislative action as is required

to meet force management and shaping goals and priorities.

organizations across the Department.

(3) Any other goals or priorities for the Department the

Secretary considers appropriate.

(b) D

EADLINES

.—The deadlines for the submittal of reports

under subsection (a) are April 1, 2017, and February 1 of each

year thereafter though 2022.

RIEFINGS

ATISFY

ATER

EPORTING

EQUIREMENTS

.—Any

report required under subsection (a) after the initial report may

be provided in the form of a briefing.

SEC. 913. SECRETARY OF DEFENSE DELIVERY UNIT.

(a) I

ENERAL

.—The Secretary of Defense serving in that

position as of March 1, 2017, may establish within the Office

of the Secretary of Defense a unit of personnel that shall be respon-

sible for providing expertise and support throughout the Depart-

ment of Defense in an effort to improve the implementation of

policies and priorities across the Department. The unit may be

known as the ‘‘delivery unit’’.

(b) C

OMPOSITION

.—The unit established pursuant to subsection

(a) shall consist of not more than 30 individuals selected by the

10 USC 131 note.

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130 STAT. 2350 PUBLIC LAW 114–328—DEC. 23, 2016

Secretary primarily from among individuals outside the Govern-

ment who have significant experience and expertise in management

consulting, organizational architecture, relationship management,

or data analytics.

UTIES

.—The unit established pursuant to subsection (a)

shall have the duties as follows:

(1) To advise the Secretary on improving the implementa-

tion and delivery of policies and priorities of the Department,

including making recommendations on establishing perform-

ance or implementation targets, assisting in the development

of delivery plans to achieve targets, and monitoring and meas-

uring progress.

(2) To work across organizations, missions, and functions

of the Department in order to identify obstacles to improving

the implementation of policies and priorities of the Department,

including organization, culture, and incentives, and to rec-

ommend options to the Secretary for addressing such obstacles.

(d) S

UNSET

.—The unit established pursuant to subsection (a)

shall sunset on January 31, 2021.

SEC. 914. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PER-

SONNEL.

Section 129a of title 10, United States Code, is amended by

adding at the end the following new subsection:

‘‘(g) P

ERFORMANCE OF

IVILIAN

UNCTIONS BY

ILITARY

SONNEL

.—(1) Functions performed by civilian personnel should not

be performed by military personnel except—

‘‘(A) if the Secretary of the military department concerned

determines in writing based on mission requirements that the

performance of such functions by military personnel, including

a permanent conversion of such functions to performance by

military personnel, is cost-effective or required by a mission;

‘‘(B) if the performance of such functions by military per-

sonnel is required to address critical staffing needs resulting

from a reduction in personnel or budgetary resources by reason

of an Act of Congress, in which case such functions may not

be performed by military personnel for a period in excess of

one year.

‘‘(2) In determining the workforce mix between civilian and

military personnel, the Secretary of a military department shall

reserve military personnel for the performance of the functions

that, in the estimation of the Secretary, are required to be performed

by military personnel in order to achieve national defense goals

or in order to enable the proper functioning of the military depart-

ment. In making workforce decisions, the Secretary shall account

for the relative budgetary impact of military versus civilian per-

sonnel in determining the functions required to be performed by

military personnel.’’.

SEC. 915. REPEAL OF REQUIREMENTS RELATING TO EFFICIENCIES

PLAN FOR THE CIVILIAN PERSONNEL WORKFORCE AND

SERVICE CONTRACTOR WORKFORCE OF THE DEPART-

MENT OF DEFENSE.

Section 955 of the National Defense Authorization Act for Fiscal

Year 2013 (Public Law 112–239; 126 Stat. 1896; 10 U.S.C. 129a

note) is repealed.

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130 STAT. 2351 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle C—Joint Chiefs of Staff and

Combatant Command Matters

SEC. 921. JOINT CHIEFS OF STAFF AND RELATED COMBATANT COM-

MAND MATTERS.

(a) F

UNCTIONS OF

OINT

HIEFS OF

TAFF

.—

(1) C

ONSULTATION BY CHAIRMAN

.—Subsection (c)(1) of sec-

tion 151 of title 10, United States Code, is amended by striking

‘‘as he considers appropriate’’ and inserting ‘‘as necessary’’.

(2) M

ODIFICATION OF ADVICE AND OPINIONS OF MEMBERS

OTHER THAN CHAIRMAN

.—Such section is further amended—

(A) in subsection (b)(2), by striking ‘‘subsections (d)

and (e)’’ and inserting ‘‘subsection (d)’’;

(B) in subsection (d)—

(i) by redesignating paragraphs (1) and (2) as para-

graphs (2) and (3), respectively; and

(ii) by inserting before paragraph (1), as redesig-

nated by clause (i), the following new paragraph (1):

‘‘(1) After first informing the Secretary of Defense and the

Chairman, the members of the Joint Chiefs of Staff, individually

or collectively, in their capacity as military advisors, may provide

advice to the President, the National Security Council, the Home-

land Security Council, or the Secretary of Defense on a particular

matter on the judgment of the military member.’’; and

(b) T

ERM AND

EAPPOINTMENT OF

HAIRMAN OF THE

OINT

HIEFS OF

TAFF

.—

(1) I

N GENERAL

.—Section 152(a) of title 10, United States

Code, is amended—

(A) in paragraph (1), by striking ‘‘two years, beginning

on October 1 of odd-numbered years’’ and all that follows

and inserting ‘‘four years, beginning on October 1 of an

odd-numbered year. The limitation does not apply in time

of war.’’; and

(B) by striking paragraph (3) and inserting the fol-

lowing new paragraph (3):

‘‘(3) The President may extend to eight years the combined

period of service of an officer as Chairman and Vice Chairman

if the President determines that such action is in the national

interest. The limitation in this paragraph does not apply in time

of war.’’.

(2) E

FFECTIVE DATE

.—The amendments made by paragraph

(1) shall take effect on January 1, 2019, and shall apply to

individuals appointed as Chairman of the Joint Chiefs of Staff

on or after that date.

UNCTIONS OF

HAIRMAN OF

OINT

HIEFS OF

TAFF

.—

The text of section 153 of title 10, United States Code, is amended

to read as follows:

‘‘Subject to the authority, direction, and control of the President

and the Secretary of Defense, the Chairman of the Joint Chiefs

of Staff shall be responsible for the following

‘‘(1) S

TRATEGIC DIRECTION

.—Assisting the President and

the Secretary in providing for the strategic direction of the

armed forces.

‘‘(2) S

TRATEGIC AND CONTINGENCY PLANNING

.—In matters

relating to strategic and contingency planning—

10 USC 152 note.

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130 STAT. 2352 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) developing strategic frameworks and preparing

strategic plans, as required, to guide the use and employ-

ment of military force and related activities across all

geographic regions and military functions and domains,

and to sustain military efforts over different durations

of time, as necessary;

‘‘(B) advising the Secretary on the production of the

national defense strategy required by section 113(g) of this

title and the national security strategy required by section

108 of the National Security Act of 1947 (50 U.S.C. 3043);

‘‘(C) preparing military analysis, options, and plans,

as the Chairman considers appropriate, to recommend to

the President and the Secretary;

‘‘(D) providing for the preparation and review of contin-

gency plans which conform to policy guidance from the

President and the Secretary; and

‘‘(E) preparing joint logistic and mobility plans to sup-

port national defense strategies and recommending the

assignment of responsibilities to the armed forces in accord-

ance with such plans.

‘‘(3) G

LOBAL MILITARY INTEGRATION

.—In matters relating

to global military strategic and operational integration—

‘‘(A) providing advice to the President and the Sec-

retary on ongoing military operations; and

‘‘(B) advising the Secretary on the allocation and

transfer of forces among geographic and functional combat-

ant commands, as necessary, to address transregional,

multi-domain, and multifunctional threats.

‘‘(4) C

OMPREHENSIVE JOINT READINESS

.—In matters relating

to comprehensive joint readiness—

‘‘(A) evaluating the overall preparedness of the joint

force to perform the responsibilities of that force under

national defense strategies and to respond to significant

contingencies worldwide;

‘‘(B) assessing the risks to United States missions,

strategies, and military personnel that stem from shortfalls

in military readiness across the armed forces, and devel-

oping risk mitigation options;

‘‘(C) advising the Secretary on critical deficiencies and

strengths in joint force capabilities (including manpower,

logistics, and mobility support) identified during the

preparation and review of national defense strategies and

contingency plans and assessing the effect of such defi-

ciencies and strengths on meeting national security objec-

tives and policy and on strategic plans;

‘‘(D) advising the Secretary on the missions and func-

tions that are likely to require contractor or other external

support to meet national security objectives and policy

and strategy, and the risks associated with such support;

and

‘‘(E) establishing and maintaining, after consultation

with the commanders of the unified and specified combat-

ant commands, a uniform system of evaluating the

preparedness of each such command, and groups of com-

mands collectively, to carry out missions assigned to the

command or commands.

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130 STAT. 2353 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(5) J

OINT CAPABILITY DEVELOPMENT

.—In matters relating

to joint capability development—

‘‘(A) identifying new joint military capabilities based

on advances in technology and concepts of operation needed

to maintain the technological and operational superiority

of the armed forces, and recommending investments and

experiments in such capabilities to the Secretary;

‘‘(B) performing military net assessments of the joint

capabilities of the armed forces of the United States and

its allies in comparison with the capabilities of potential

adversaries;

‘‘(C) advising the Secretary under section 163(b)(2) of

this title on the priorities of the requirements identified

by the commanders of the unified and specified combatant

commands;

‘‘(D) advising the Secretary on the extent to which

the program recommendations and budget proposals of the

military departments and other components of the Depart-

ment of Defense for a fiscal year conform with the priorities

established in national defense strategies and with the

priorities established for the requirements of the unified

and specified combatant commands;

‘‘(E) advising the Secretary on new and alternative

joint military capabilities, and alternative program rec-

ommendations and budget proposals, within projected

resource levels and guidance provided by the Secretary,

in order to achieve greater conformance with the priorities

referred to in subparagraph (D);

‘‘(F) assessing joint military capabilities and identi-

fying, approving, and prioritizing gaps in such capabilities

to meet national defense strategies, pursuant to section

181 of this title; and

‘‘(G) recommending to the Secretary appropriate trade-

offs among life-cycle cost, schedule, performance, and

procurement quantity objectives in the acquisition of mate-

riel and equipment to support the strategic and contingency

plans required by this paragraph in the most effective

and efficient manner.

‘‘(6) J

OINT FORCE DEVELOPMENT ACTIVITIES

.—In matters

relating to joint force development activities—

‘‘(A) developing doctrine for the joint employment of

the armed forces;

‘‘(B) formulating policies and technical standards, and

executing actions, for the joint training of the armed forces;

‘‘(C) formulating policies for coordinating the military

education of members of the armed forces;

‘‘(D) formulating policies for concept development and

experimentation for the joint employment of the armed

forces;

‘‘(E) formulating policies for gathering, developing, and

disseminating joint lessons learned for the armed forces;

and

‘‘(F) advising the Secretary on development of joint

command, control, communications, and cybercapability,

including integration and interoperability of such capa-

bility, through requirements, integrated architectures, data

standards, and assessments.

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130 STAT. 2354 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(7) O

THER MATTERS

.—In other matters—

‘‘(A) recommending to the Secretary, in accordance with

section 166 of this title, a budget proposal for activities

of each unified and specified combatant command;

‘‘(B) providing for representation of the United States

on the Military Staff Committee of the United Nations

in accordance with the Charter of the United Nations;

and

‘‘(C) performing such other duties as may be prescribed

by law or by the President or the Secretary.’’.

(d) V

ICE

HAIRMAN OF THE

OINT

HIEFS OF

TAFF

ATTERS

.—

(1) T

ERM OF SERVICE

.—Paragraph (3) of section 154(a) of

title 10, United States Code, is amended by striking ‘‘for a

term of two years’’ and all that follows and inserting ‘‘for

a single term of four years, beginning on October 1 of an

odd-numbered year, except that the term may not begin in

the same year as the term of a Chairman. In time of war,

there is no limit on the number of reappointments.’’.

(2) I

NELIGIBILITY FOR SERVICE AS CHAIRMAN OR ANY OTHER

POSITION IN THE ARMED FORCES

.—Such section is further

amended by adding at the end the following new paragraph:

‘‘(4)(A) The Vice Chairman shall not be eligible for promotion

to the position of Chairman or any other position in the armed

forces.

‘‘(B) The President may waive subparagraph (A) if the President

determines such action is necessary in the national interest.’’.

(3) E

FFECTIVE DATE

.—The amendments made by this sub-

section shall take effect on January 1, 2021, and shall apply

to individuals appointed as Vice Chairman of the Joint Chiefs

of Staff on or after that date.

(e) C

OMMANDERS OF THE

OMBATANT

OMMANDS

.—Section 164

of title 10, United States Code, is amended—

(1) in subsection (b), by adding at the end the following

new paragraph:

‘‘(3) Among the full range of command responsibilities specified

in subsection (c) and as provided for in section 161 of this title,

the primary duties of the commander of a combatant command

shall be as follows:

‘‘(A) To produce plans for the employment of the armed

forces to execute national defense strategies and respond to

significant military contingencies.

‘‘(B) To take actions, as necessary, to deter conflict.

‘‘(C) To command United States armed forces as directed

by the Secretary and approved by the President.’’; and

(2) by adding at the end the following new subsection:

‘‘(h) S

UPPORT TO

HAIRMAN OF THE

OINT

HIEFS OF

TAFF

.—

The commander of a combatant command shall provide such

information to the Chairman of the Joint Chiefs of Staff as may

be necessary for the Chairman to perform the duties of the Chair-

man under section 153 of this title.’’.

SEC. 922. ORGANIZATION OF THE DEPARTMENT OF DEFENSE FOR

MANAGEMENT OF SPECIAL OPERATIONS FORCES AND SPE-

CIAL OPERATIONS.

(a) R

ESPONSIBILITY OF

SSISTANT

ECRETARY OF

EFENSE FOR

PECIAL

PERATIONS AND

NTENSITY

ONFLICT

.—Section

138(b)(4) of title 10, United States Code, is amended by adding

10 USC 154 note.

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130 STAT. 2355 PUBLIC LAW 114–328—DEC. 23, 2016

at the end the following new sentence: ‘‘Subject to the authority,

direction, and control of the Secretary of Defense, the Assistant

Secretary shall do the following:

‘‘(A) Exercise authority, direction, and control of all special-

operations peculiar administrative matters relating to the

organization, training, and equipping of special operations

forces.

‘‘(B) Assist the Secretary and the Under Secretary of

Defense for Policy in the development and supervision of policy,

program planning and execution, and allocation and use of

resources for the activities of the Department of Defense for

the following:

‘‘(i) Irregular warfare, combating terrorism, and the

special operations activities specified by section 167(k) of

this title.

‘‘(ii) Integrating the functional activities of the head-

quarters of the Department to most efficiently and effec-

tively provide for required special operations forces and

capabilities.

‘‘(iii) Such other matters as may be specified by the

Secretary and the Under Secretary.’’.

(b) S

PECIAL

PERATIONS

OLICY AND

VERSIGHT

OUNCIL

.—

(1) I

N GENERAL

.—Chapter 4 of title 10, United States Code,

as amended by section 901(e)(2) of this Act, is further amended

by inserting after section 139a the following new section:

‘‘§ 139b. Special Operations Policy and Oversight Council

‘‘(a) I

ENERAL

.—In order to fulfill the responsibilities speci-

fied in section 138(b)(4) of this title, the Assistant Secretary of

Defense for Special Operations and Low Intensity Conflict, or the

designee of the Assistant Secretary, shall establish and lead a

team to be known as the ‘Special Operations Policy and Oversight

Council’ (in this section referred to as the ‘Council’).

‘‘(b) P

URPOSE

.—The purpose of the Council is to integrate the

functional activities of the headquarters of the Department of

Defense in order to most efficiently and effectively provide for

special operations forces and capabilities. In fulfilling this purpose,

the Council shall develop and continuously improve policy, joint

processes, and procedures that facilitate the development, acquisi-

tion, integration, employment, and sustainment of special oper-

ations forces and capabilities.

‘‘(c) M

EMBERSHIP

.—The Council shall include the following:

‘‘(1) The Assistant Secretary, who shall act as leader of

the Council.

‘‘(2) Appropriate senior representatives of each of the fol-

lowing:

‘‘(A) The Under Secretary of Defense for Research and

Engineering.

‘‘(B) The Under Secretary of Defense for Management

and Support.

‘‘(C) The Under Secretary of Defense (Comptroller).

‘‘(D) The Under Secretary of Defense for Personnel

and Readiness.

‘‘(E) The Under Secretary of Defense for Intelligence.

‘‘(F) The General Counsel of the Department of

Defense.

10 USC 139b.

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130 STAT. 2356 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(G) The other Assistant Secretaries of Defense under

the Under Secretary of Defense for Policy.

‘‘(H) The military departments.

‘‘(I) The Joint Staff.

‘‘(J) The United States Special Operations Command.

‘‘(K) Such other officials or Agencies, elements, or

components of the Department of Defense as the Secretary

of Defense considers appropriate

‘‘(d) O

PERATION

.—The Council shall operate continuously.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 4 of such title, as amended by section

901(g)(1) of this Act, is further amended by inserting after

the item relating to section 139a the following new item:

‘‘139b. Special Operations Policy and Oversight Council.’’.

PECIAL

PERATIONS

OMMAND

ATTERS

.—

(1) A

UTHORITY OF COMMANDER

.—Subsection (e)(2) of section

167 of title 10, United States Code, is amended—

(A) in the matter preceding subparagraph (A), by

striking ‘‘The commander’’ and inserting ‘‘Subject to the

authority, direction, and control of the Assistant Secretary

of Defense for Special Operations and Low Intensity Con-

flict, the commander’’; and

(B) by striking subparagraph (J) and inserting the

following new subparagraph (J):

‘‘(J) Monitoring the promotions of special operations forces

and coordinating with the military departments regarding the

assignment, retention, training, professional military education,

and special and incentive pays of special operations forces.’’.

(2) A

DMINISTRATIVE CHAIN OF COMMAND

.—Such section is

further amended—

(A) by redesignating subsections (f) through (k) as sub-

sections (g), through (l), respectively; and

(B) by inserting after subsection (e) the following new

subsection (f):

‘‘(f) A

DMINISTRATIVE

HAIN OF

OMMAND

.—(1) Unless otherwise

directed by the President, the administrative chain of command

to the special operations command runs—

‘‘(A) from the President to the Secretary of Defense;

‘‘(B) from the Secretary of Defense to the Assistant Sec-

retary of Defense for Special Operations and Low Intensity

Conflict; and

‘‘(C) from the Assistant Secretary of Defense for Special

Operations and Low Intensity Conflict to the commander of

the special operations command.

‘‘(2) For purposes of this subsection, administrative chain of

command refers to the exercise of authority, direction and control

with respect to the special operations-peculiar administration and

support of the special operations command, including the readiness

and organization of special operations forces, resources and equip-

ment, and civilian personnel. It does not refer to the exercise

of authority, direction, and control of operational matters that are

subject to the operational chain of command of the commanders

of combatant commands or the exercise of authority, direction,

and control of personnel, resources, equipment, and other matters

that are not special operations-peculiar that are the purview of

the armed forces.’’.

10 USC 131 prec.

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130 STAT. 2357 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 923. ESTABLISHMENT OF UNIFIED COMBATANT COMMAND FOR

CYBER OPERATIONS.

(a) E

STABLISHMENT OF

YBER

OMMAND

.—Chapter 6 of title

10, United States Code, is amended by inserting after section 167a

the following new section:

‘‘§ 167b. Unified combatant command for cyber operations

‘‘(a) E

STABLISHMENT

.—With the advice and assistance of the

Chairman of the Joint Chiefs of Staff, the President, through the

Secretary of Defense, shall establish under section 161 of this

title a unified combatant command for cyber operations forces

(hereinafter in this section referred to as the ‘cyber command’).

The principal function of the command is to prepare cyber oper-

ations forces to carry out assigned missions.

‘‘(b) A

SSIGNMENT OF

ORCES

.—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) G

RADE OF

OMMANDER

.—The commander of the cyber com-

mand shall hold the grade of general or, in the case of an officer

of the Navy, admiral while serving in that position, without vacating

that officer’s permanent grade. The commander of such command

shall be appointed to that grade by the President, by and with

the advice and consent of the Senate, for service in that position.

‘‘(d) C

OMMAND OF

CTIVITY OR

ISSION

.—(1) Unless otherwise

directed by the President or the Secretary of Defense, a cyber

operations activity or mission shall be conducted under the com-

mand of the commander of the unified combatant command in

whose geographic area the activity or mission is to be conducted.

‘‘(2) The commander of the cyber command shall exercise com-

mand of a selected cyber operations mission if directed to do so

by the President or the Secretary of Defense.

‘‘(e) A

UTHORITY OF

OMBATANT

OMMANDER

.—(1) In addition

to the authority prescribed in section 164(c) of this title, the com-

mander of the cyber command shall be responsible for, and shall

have the authority to conduct, all affairs of such command relating

to cyber operations activities.

‘‘(2)(A) Subject to the authority, direction, and control of the

Principal Cyber Advisor, the commander of such command shall

be responsible for, and shall have the authority to conduct, the

following functions relating to cyber operations activities (whether

or not relating to the cyber command):

‘‘(i) Developing strategy, doctrine, and tactics.

‘‘(ii) Preparing and submitting to the Secretary of Defense

program recommendations and budget proposals for cyber oper-

ations forces and for other forces assigned to the cyber com-

mand.

‘‘(iii) Exercising authority, direction, and control over the

expenditure of funds—

‘‘(I) for forces assigned directly to the cyber command;

and

‘‘(II) for cyber operations forces assigned to unified

combatant commands other than the cyber command, with

respect to all matters covered by section 807 of the National

Defense Authorization Act for Fiscal Year 2014 (Public

Law 114–92; 129 Stat. 886; 10 U.S.C. 2224 note) and,

10 USC 167b.

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130 STAT. 2358 PUBLIC LAW 114–328—DEC. 23, 2016

with respect to a matter not covered by such section, to

the extent directed by the Secretary of Defense.

‘‘(iv) Training and certification of assigned joint forces.

‘‘(v) Conducting specialized courses of instruction for

commissioned and noncommissioned officers.

‘‘(vi) Validating requirements.

‘‘(vii) Establishing priorities for requirements.

‘‘(viii) Ensuring the interoperability of equipment and

forces.

‘‘(ix) Formulating and submitting requirements for intel-

ligence support.

‘‘(x) Monitoring the promotion of cyber operation forces

and coordinating with the military departments regarding the

assignment, retention, training, professional military education,

and special and incentive pays of cyber operation forces.

‘‘(B) The authority, direction, and control exercised by the Prin-

cipal Cyber Advisor for purposes of this section is authority, direc-

tion, and control with respect to the administration and support

of the cyber command, including readiness and organization of

cyber operations forces, cyber operations-peculiar equipment and

resources, and civilian personnel.

‘‘(C) Nothing in this section shall be construed as providing

the Principal Cyber Advisor authority, direction, and control of

operational matters that are subject to the operational chain of

command of the combatant commands or the exercise of authority,

direction, and control of personnel, resources, equipment, and other

matters that are not cyber-operations peculiar and that are in

the purview of the armed forces.

‘‘(3) The commander of the cyber command shall be responsible

for—

‘‘(A) ensuring the combat readiness of forces assigned to

the cyber command; and

‘‘(B) monitoring the preparedness to carry out assigned

missions of cyber forces assigned to unified combatant com-

mands other than the cyber command.

‘‘(C) The staff of the commander shall include an inspector

general who shall conduct internal audits and inspections of

purchasing and contracting actions through the cyber oper-

ations command and such other inspector general functions

as may be assigned.

‘‘(f) I

NTELLIGENCE AND

PECIAL

CTIVITIES

.—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) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 6 of such title is amended by inserting after the

item relating to section 167a the following new item:

‘‘167b. Unified combatant command for cyber operations.’’.

SEC. 924. ASSIGNED FORCES OF THE COMBATANT COMMANDS.

Section 162(a) of title 10, United States Code, is amended—

(1) in paragraph (1)—

(A) by striking ‘‘Except as provided in paragraph (2)’’

and inserting ‘‘As directed by the Secretary of Defense’’;

10 USC 161 prec.

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130 STAT. 2359 PUBLIC LAW 114–328—DEC. 23, 2016

(B) by striking ‘‘all forces’’ and inserting ‘‘specified

forces’’; and

(2) by striking paragraph (2) and inserting the following

new paragraph (2):

‘‘(2) A force not assigned to a combatant command or to the

United States element of the North American Aerospace Defense

Command under paragraph (1) shall remain assigned to the military

department concerned for carrying out the responsibilities of the

Secretary of the military department concerned as specified in

section 3013, 5013, or 8013 of this title, as applicable.’’; and

(3) in paragraph (4)—

(A) by striking ‘‘operating with the geographic area’’

and

(B) by striking ‘‘assigned to, and’’.

SEC. 925. MODIFICATIONS TO THE REQUIREMENTS PROCESS.

(a) I

ENERAL

.—The text of section 181 of title 10, United

States Code, is amended to read as follows:

‘‘(a) I

ENERAL

.—There is a Joint Requirements Oversight

Council in the Department of Defense.

‘‘(b) M

ISSION

.—In addition to other matters assigned to it by

the President or Secretary of Defense, the Joint Requirements Over-

sight Council shall assist the Chairman of the Joint Chiefs of

Staff in—

‘‘(1) assessing joint military capabilities, and identifying,

approving, and prioritizing gaps in such capabilities, to meet

applicable requirements in the national defense strategy under

section 118 of this title;

‘‘(2) reviewing and validating whether a capability proposed

by an armed force, Defense Agency, or other entity of the

Department of Defense fulfills a gap in joint military capabili-

ties;

‘‘(3) developing recommendations, in consultation with the

advisors to the Council under subsection (d), for program cost

and fielding targets pursuant to section 2448a of this title

that—

‘‘(A) require a level of resources that is consistent with

the level of priority assigned to the associated capability

gap; and

‘‘(B) have an estimated period of time for the delivery

of an initial operational capability that is consistent with

the urgency of the associated capability gap;

‘‘(4) establishing and approving joint performance require-

ments that—

‘‘(A) ensure interoperability, where appropriate,

between and among joint military capabilities; and

‘‘(B) are necessary, as designated by the Chairman

of the Joint Chiefs of Staff, to fulfill capability gaps of

more than one armed force, Defense Agency, or other entity

of the Department;

‘‘(5) reviewing performance requirements for any existing

or proposed capability that the Chairman of the Joint Chiefs

of Staff determines should be reviewed by the Council;

‘‘(6) identifying new joint military capabilities based on

advances in technology and concepts of operation; and

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130 STAT. 2360 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(7) identifying alternatives to any acquisition program

that meets approved joint military capability requirements for

the purposes of sections 2366a(b), 2366b(a)(4), and 2433(e)(2)

of this title.

‘‘(c) C

OMPOSITION

.—

‘‘(1) I

N GENERAL

.—The Joint Requirements Oversight

Council is composed of the following:

‘‘(A) The Vice Chairman of the Joint Chiefs of Staff,

who is the Chair of the Council and is the principal adviser

to the Chairman of the Joint Chiefs of Staff for making

recommendations about joint military capabilities or joint

performance requirements.

‘‘(B) An Army officer in the grade of general.

‘‘(C) A Navy officer in the grade of admiral.

‘‘(D) An Air Force officer in the grade of general.

‘‘(E) A Marine Corps officer in the grade of general.

‘‘(2) S

ELECTION OF MEMBERS

.—Members of the Council

under subparagraphs (B), (C), (D), and (E) of paragraph (1)

shall be selected by the Chairman of the Joint Chiefs of Staff,

after consultation with the Secretary of Defense, from officers

in the grade of general or admiral, as the case may be, who

are recommended for selection by the Secretary of the military

department concerned.

‘‘(3) R

ECOMMENDATIONS

.—In making any recommendation

to the Chairman of the Joint Chiefs of Staff as described in

paragraph (1)(A), the Vice Chairman of the Joint Chiefs of

Staff shall provide the Chairman any dissenting view of mem-

bers of the Council under paragraph (1) with respect to such

recommendation.

‘‘(d) A

DVISORS

.—

‘‘(1) I

N GENERAL

.—The following officials of the Department

of Defense shall serve as advisors to the Joint Requirements

Oversight Council on matters within their authority and exper-

tise:

‘‘(A) The Under Secretary of Defense for Policy.

‘‘(B) The Under Secretary of Defense for Intelligence.

‘‘(C) The Under Secretary of Defense for Acquisition,

Technology, and Logistics.

‘‘(D) The Under Secretary of Defense (Comptroller).

‘‘(E) The Director of Cost Assessment and Program

Evaluation.

‘‘(F) The Director of Operational Test and Evaluation.

‘‘(G) The commander of a combatant command when

matters related to the area of responsibility or functions

of that command are under consideration by the Council.

‘‘(2) I

NPUT FROM COMBATANT COMMANDS

.—The Council

shall seek and consider input from the commanders of the

combatant commands in carrying out its mission under para-

graphs (1) and (2) of subsection (b).

‘‘(3) I

NPUT FROM CHIEFS OF STAFF

.—The Council shall seek,

and strongly consider, the views of the Chiefs of Staff of the

armed forces, in their roles as customers of the acquisition

system, on matters pertaining to a capability proposed by an

armed force, Defense Agency, or other entity of the Department

of Defense under subsection (b)(2) and joint performance

requirements pursuant to subsection (b)(3).

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130 STAT. 2361 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(e) P

ERFORMANCE

EQUIREMENTS AS

ESPONSIBILITY OF

RMED

ORCES

.—The Chief of Staff of an armed force is responsible for

all performance requirements for that armed force and, except

for performance requirements specified in subsections (b)(4) and

(b)(5), such performance requirements do not need to be validated

by the Joint Requirements Oversight Council.

‘‘(f) A

NALYTIC

UPPORT

.—The Secretary of Defense shall ensure

that analytical organizations within the Department of Defense,

such as the Office of Cost Assessment and Program Evaluation,

provide resources and expertise in operations research, systems

analysis, and cost estimation to the Joint Requirements Oversight

Council to assist the Council in performing the mission in subsection

(b).

‘‘(g) A

VAILABILITY OF

VERSIGHT

NFORMATION TO

ONGRES

SIONAL

EFENSE

OMMITTEES

.—The Secretary of Defense shall

ensure that, in the case of a recommendation by the Chairman

of the Joint Chiefs of Staff to the Secretary that is approved by

the Secretary, oversight information with respect to such rec-

ommendation that is produced as a result of the activities of the

Joint Requirements Oversight Council is made available in a timely

fashion to the congressional defense committees.

‘‘(h) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘joint military capabilities’ means the collec-

tive capabilities across the joint force, including both joint and

force-specific capabilities, that are available to conduct military

operations.

‘‘(2) The term ‘performance requirement’ means a perform-

ance attribute of a particular system considered critical or

essential to the development of an effective military capability.

‘‘(3) The term ‘joint performance requirement’ means a

performance requirement that is critical or essential to ensure

interoperability or fulfill a capability gap of more than one

armed force, Defense Agency, or other entity of the Department

of Defense, or impacts the joint force in other ways such as

logistics.

‘‘(4) The term ‘oversight information’ means information

and materials comprising analysis and justification that are

prepared to support a recommendation that is made to, and

approved by, the Secretary of Defense.’’.

(b) P

ROGRAM

OST AND

IELD

ARGETS

.—The Secretary of

Defense shall establish a process to develop program cost and

fielding targets pursuant to section 2448a of title 10, United States

Code, that—

(1) is co-chaired by the Deputy Secretary of Defense and

the Vice Chairman of the Joint Chiefs of Staff;

(2) is supported by—

(A) the Joint Staff, to provide expertise on joint military

capabilities, capability gaps, and performance require-

ments;

(B) the Office of Cost Assessment and Program Evalua-

tion, to provide expertise in resource allocation, operations

research, systems analysis, and cost estimation; and

mined appropriate by the Secretary; and

(3) ensures that appropriate trade-offs are made among

life-cycle cost, schedule, and performance objectives and

procurement quantity objectives.

10 USC 2448a

note.

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130 STAT. 2362 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 926. REVIEW OF COMBATANT COMMAND ORGANIZATION.

(a) R

EVIEWS

EQUIRED

.—

(1) I

N GENERAL

.—The entities specified in paragraph (2)

shall each conduct a review of the organizational structures

of the combatant commands, and shall develop recommenda-

tions for improving the overall effectiveness of the combatant

commands, and addressing threats that span multiple regions,

functions, and domains.

(2) E

NTITIES

.—The entities specified in this paragraph are

the following:

(A) The Secretary of Defense, in consultation with the

Chairman of the Joint Chiefs of Staff.

(B) An independent entity with appropriate expertise,

selected by the Secretary and with which the Secretary

shall enter into a contract by not later than 30 days after

the date of the enactment of this Act.

(b) E

LEMENTS

.—Each review under subsection (a) shall include

an examination of the following:

(1) The evolution of combatant command mission require-

ments and the ability of combatant commands to satisfy those

mission requirements.

(2) The evolution of the organizational structures, composi-

tions, and sizes of the combatant commands, and how such

factors may have contributed to combatant command perform-

ance in satisfying mission requirements, planning, and

maintaining force readiness.

(3) The resources of combatant commands, including the

degree to which combatant command force requirements are

resourced.

(4) The benefits, drawbacks, and resource implications of

eliminating or consolidating combatant commands, or of

altering the relationships among combatant commands and

their component command organizations or the command and

control structures of the combatant commands.

(5) Organizational structures of the combatant commands,

including Joint Task Forces or task-organized forces operating

below the combatant command level, and the benefits, draw-

backs, and resource implications of alternative organizational

structures.

EPORT

.—Not later than September 30, 2017, the Secretary

shall submit to the congressional defense committees a report on

the findings and recommendations of each review required by sub-

section (a).

Subtitle D—Organization and Management

of Other Department of Defense Offices

and Elements

SEC. 931. QUALIFICATIONS FOR APPOINTMENT OF THE SECRETARIES

OF THE MILITARY DEPARTMENTS.

(a) S

ECRETARY OF THE

RMY

.—Section 3013(a)(1) of title 10,

United States Code, is amended by inserting after the first sentence

the following new sentence: ‘‘The Secretary shall, to the greatest

extent practicable, be appointed from among persons most highly

qualified for the position by reason of background and experience,

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130 STAT. 2363 PUBLIC LAW 114–328—DEC. 23, 2016

including persons with appropriate management or leadership

experience.’’.

(b) S

ECRETARY OF THE

AVY

.—Section 5013(a)(1) of such title

is amended by inserting after the first sentence the following new

sentence: ‘‘The Secretary shall, to the greatest extent practicable,

be appointed from among persons most highly qualified for the

position by reason of background and experience, including persons

with appropriate management or leadership experience.’’.

ECRETARY OF THE

ORCE

.—Section 8013(a)(1) of such

title is amended by inserting after the first sentence the following

new sentence: ‘‘The Secretary shall, to the greatest extent prac-

ticable, be appointed from among persons most highly qualified

for the position by reason of background and experience, including

persons with appropriate management or leadership experience.’’.

SEC. 932. ENHANCED PERSONNEL MANAGEMENT AUTHORITIES FOR

THE CHIEF OF THE NATIONAL GUARD BUREAU.

Section 10508 of title 10, United States Code, is amended—

(1) by inserting ‘‘(a) M

ANPOWER

EQUIREMENTS OF

ATIONAL

UARD

UREAU

.—’’ before ‘‘The manpower require-

ments’’; and

(2) by adding at the end the following new subsection:

‘‘(b) P

ERSONNEL FOR

UNCTIONS OF

ATIONAL

UARD

UREAU

.—

‘‘(1) I

N GENERAL

.—The Chief of the National Guard Bureau

may program for, appoint, employ, administer, detail, and

assign persons under sections 2103, 2105, and 3101 of title

5, or section 328 of title 32, within the National Guard Bureau

and the National Guard of each State, the Commonwealth

of Puerto Rico, the District of Columbia, Guam, and the Virgin

Islands to execute the functions of the National Guard Bureau

and the missions of the National Guard, and missions as

assigned by the Chief of the National Guard Bureau.

‘‘(2) A

DMINISTRATION THROUGH ADJUTANTS GENERAL

.—The

Chief of the National Guard Bureau may designate the adju-

tants general referred to in section 314 of title 32 to appoint,

employ, and administer the National Guard employees author-

ized by this subsection.

‘‘(3) A

DMINISTRATIVE ACTIONS

.—Notwithstanding the Inter-

governmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.)

and under regulations prescribed by the Chief of the National

Guard Bureau, all personnel actions or conditions of employ-

ment, including adverse actions under title 5, pertaining to

a person appointed, employed, or administered by an adjutant

general under this subsection shall be accomplished by the

adjutant general of the jurisdiction concerned. For purposes

of any administrative complaint, grievance, claim, or action

arising from, or relating to, such a personnel action or condition

of employment:

‘‘(A) The adjutant general of the jurisdiction concerned

shall be considered the head of the agency and the National

Guard of the jurisdiction concerned shall be considered

the employing agency of the individual and the sole defend-

ant or respondent in any administrative action.

‘‘(B) The National Guard of the jurisdiction concerned

shall defend any administrative complaint, grievance,

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130 STAT. 2364 PUBLIC LAW 114–328—DEC. 23, 2016

claim, or action, and shall promptly implement all aspects

of any final administrative order, judgment, or decision.

‘‘(C) In any civil action or proceeding brought in any

court arising from an action under this section, the United

States shall be the sole defendant or respondent.

‘‘(D) The Attorney General of the United States shall

defend the United States in actions arising under this

section described in subparagraph (C).

‘‘(E) Any settlement, judgment, or costs arising from

an action described in subparagraph (A) or (C) shall be

paid from appropriated funds allocated to the National

Guard of the jurisdiction concerned.’’.

SEC. 933. REORGANIZATION AND REDESIGNATION OF OFFICE OF

FAMILY POLICY AND OFFICE OF COMMUNITY SUPPORT

FOR MILITARY FAMILIES WITH SPECIAL NEEDS.

(a) O

FFICE OF

AMILY

OLICY

.—

(1) R

EDESIGNATION AS OFFICE OF MILITARY FAMILY READI

NESS POLICY

.—Section 1781(a) of title 10, United States Code,

is amended—

(A) by striking ‘‘Office of Family Policy’’ and inserting

‘‘Office of Military Family Readiness Policy’’; and

(B) by striking ‘‘Director of Family Policy’’ and inserting

‘‘Director of Military Family Readiness Policy’’.

(2) I

NCLUSION OF DIRECTOR ON MILITARY FAMILY READINESS

COUNCIL

.—Subsection (b)(1)(E) of section 1781a of such title

is amended by striking ‘‘Office of Community Support for Mili-

tary Families with Special Needs’’ and inserting ‘‘Office of Mili-

tary Family Readiness Policy’’.

(3) C

ONFORMING AMENDMENT

.—Section 131(b)(8)(G) of such

title is amended by striking ‘‘Director of Family Policy’’ and

inserting ‘‘Director of Military Family Readiness Policy’’.

(4) H

EADING AND CLERICAL AMENDMENTS

.—

(A) S

ECTION HEADING

.—The heading of section 1781

of such title is amended to read as follows:

‘‘§ 1781. Office of Military Family Readiness Policy’’.

(B) C

LERICAL AMENDMENT

.—The table of sections at

the beginning of chapter 88 of such title is amended by

striking the item relating to section 1781 and inserting

the following new item:

‘‘1781. Office of Military Family Readiness Policy.’’.

(b) O

FFICE OF

OMMUNITY

UPPORT FOR

ILITARY

AMILIES

ITH

PECIAL

EEDS

.—

(1) R

EDESIGNATION AS OFFICE OF SPECIAL NEEDS

.—Sub-

section (a) of section 1781c of title 10, United States Code,

is amended by striking ‘‘Office of Community Support for Mili-

tary Families with Special Needs’’ and inserting ‘‘Office of Spe-

cial Needs’’.

(2) R

EORGANIZATION UNDER OFFICE OF MILITARY FAMILY

READINESS POLICY

.—Such subsection is further amended by

striking ‘‘Office of the Under Secretary of Defense for Personnel

and Readiness’’ and inserting ‘‘Office of Military Family Readi-

ness Policy’’.

(3) R

EPEAL OF REQUIREMENT FOR HEAD OF OFFICE TO BE

MEMBER OF SENIOR EXECUTIVE SERVICE OR GENERAL OR FLAG

10 USC 1781

prec.

10 USC 1781.

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130 STAT. 2365 PUBLIC LAW 114–328—DEC. 23, 2016

OFFICER

.—Such section is further amended by striking sub-

section (c).

(4) C

ONFORMING AMENDMENTS

.—Such section is further

amended—

(A) by redesignating subsections (d) through (i) as sub-

sections (c) through (h), respectively;

(B) by striking ‘‘subsection (e)’’ each place it appears

and inserting ‘‘subsection (d)’’;

‘‘subsection (f)’’ in paragraph (2) and inserting ‘‘subsection

(e)’’; and

(D) in subsection (g), as so redesignated—

(i) in paragraph (2)(A), by striking ‘‘subsection

(d)(3)’’ and inserting ‘‘subsection (c)(3)’’; and

(ii) in paragraph (2)(B), by striking ‘‘subsection

(d)(4)’’ and inserting ‘‘subsection (c)(4)’’.

(5) H

EADING AND CLERICAL AMENDMENTS

.—

(A) S

ECTION HEADING

.—The heading of such section

is amended to read as follows:

‘‘§ 1781c. Office of Special Needs’’.

(B) C

LERICAL AMENDMENT

.—The table of sections at

the beginning of chapter 88 of such title is amended by

striking the item relating to section 1781c and inserting

the following new item:

‘‘1781c. Office of Special Needs.’’.

SEC. 934. REDESIGNATION OF ASSISTANT SECRETARY OF THE AIR

FORCE FOR ACQUISITION AS ASSISTANT SECRETARY OF

THE AIR FORCE FOR ACQUISITION, TECHNOLOGY, AND

LOGISTICS.

(a) R

EDESIGNATION

.—Section 8016(b)(4)(A) of title 10, United

States Code, is amended—

(1) by striking ‘‘Assistant Secretary of the Air Force for

Acquisition’’ and inserting ‘‘Assistant Secretary of the Air Force

for Acquisition, Technology, and Logistics’’; and

(2) by inserting ‘‘, technology, and logistics’’ after ‘‘acquisi-

tion’’.

(b) R

EFERENCES

.—Any reference to the Assistant Secretary of

the Air Force for Acquisition in any law, regulation, map, document,

record, or other paper of the United States shall be deemed to

be a reference to the Assistant Secretary of the Air Force for

Acquisition, Technology, and Logistics.

Subtitle E—Strategies, Reports, and

Related Matters

SEC. 941. NATIONAL DEFENSE STRATEGY.

(a) N

ATIONAL

EFENSE

TRATEGY

.—Subsection (g) of section

113 of title 10, United States Code, is amended to read as follows:

‘‘(g)(1)(A) Except as provided in subparagraph (E), in January

every four years, and intermittently otherwise as may be appro-

priate, the Secretary of Defense shall provide to the Secretaries

of the military departments, the Chiefs of Staff of the armed forces,

the commanders of the unified and specified combatant commands,

10 USC 8016

note.

10 USC 1781

prec.

10 USC 1781c.

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130 STAT. 2366 PUBLIC LAW 114–328—DEC. 23, 2016

and the heads of all Defense Agencies and Field Activities of the

Department of Defense and other elements of the Department speci-

fied in paragraphs (1) through (10) of section 111(b) of this title,

and to the congressional defense committees, a defense strategy.

Each strategy shall be known as the ‘national defense strategy’,

and shall support the most recent national security strategy report

of the President under section 108 of the National Security Act

of 1947 (50 U.S.C. 3043).

‘‘(B) Each national defense strategy shall including the fol-

lowing:

‘‘(i) The priority missions of the Department of Defense,

and the assumed force planning scenarios and constructs.

‘‘(ii) The assumed strategic environment, including the most

critical and enduring threats to the national security of the

United States and its allies posed by state or non-state actors,

and the strategies that the Department will employ to counter

such threats and provide for the national defense.

‘‘(iii) A strategic framework prescribed by the Secretary

that guides how the Department will prioritize among the

threats described in clause (ii) and the missions specified pursu-

ant to clause (i), how the Department will allocate and mitigate

the resulting risks, and how the Department will make resource

investments.

‘‘(iv) The roles and missions of the armed forces to carry

out the missions described in clause (i), and the assumed roles

and capabilities provided by other United States Government

agencies and by allies and international partners.

‘‘(v) The force size and shape, force posture, defense

capabilities, force readiness, infrastructure, organization, per-

sonnel, technological innovation, and other elements of the

defense program necessary to support such strategy.

‘‘(vi) The major investments in defense capabilities, force

structure, force readiness, force posture, and technological

innovation that the Department will make over the following

five-year period in accordance with the strategic framework

described in clause (iii).

‘‘(C) The Secretary shall seek the military advice and assistance

of the Chairman of the Joint Chiefs of Staff in preparing each

national defense strategy required by this subsection.

‘‘(D) Each national defense strategy under this subsection shall

be presented to the congressional defense committees in classified

form with an unclassified summary.

‘‘(E) In a year following an election for President, which election

results in the appointment by the President of a new Secretary

of Defense, the Secretary shall present the national defense strategy

required by this subsection as soon as possible after appointment

by and with the advice and consent of the Senate.

‘‘(F) In February of each year in which the Secretary does

not submit a new defense strategy as required by paragraph (A),

the Secretary shall submit to the congressional defense committees

an assessment of the current national defense strategy, including

an assessment of the implementation of the strategy by the Depart-

ment and an assessment whether the strategy requires revision

as a result of changes in assumptions, policy, or other factors.

‘‘(2) In implementing a national defense strategy under para-

graph (1), the Secretary, with the advice and assistance of the

Chairman of the Joint Chiefs of Staff, shall provide annually to

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130 STAT. 2367 PUBLIC LAW 114–328—DEC. 23, 2016

the Secretaries of the military departments, the Chiefs of Staff

of the armed forces, the commanders of the unified and specified

combatant commands, and the heads of all Defense Agencies and

Field Activities of the Department and other elements of the Depart-

ment specified in paragraphs (1) through (10) of section 111(b)

of this title, written policy guidance for the preparation and review

of the program recommendations and budget proposals of their

respective components to guide the development of forces. Such

guidance shall include—

‘‘(A) the national security interests and objectives;

‘‘(B) the priority military missions of the Department,

including the assumed force planning scenarios and constructs;

‘‘(C) the force size and shape, force posture, defense

capabilities, force readiness, infrastructure, organization, per-

sonnel, technological innovation, and other elements of the

defense program necessary to support the strategy;

‘‘(D) the resource levels projected to be available for the

period of time for which such recommendations and proposals

are to be effective; and

‘‘(E) a discussion of any changes in the defense strategy

and assumptions underpinning the strategy, as required by

paragraph (1).

‘‘(3) In implementing the guidance under paragraph (2), the

Secretary, with the approval of the President and after consultation

with the Chairman of the Joint Chiefs of Staff, shall provide,

every two years or more frequently as needed, to the Chairman

written policy guidance for the preparation and review of contin-

gency plans, including plans for providing support to civil authori-

ties in an incident of national significance or a catastrophic incident,

for homeland defense, and for military support to civil authorities.

Such guidance shall include guidance on the employment of forces,

including specific force levels and specific supporting resource levels

projected to be available for the period of time for which such

plans are to be effective.

‘‘(4) Not later than February 15 in any calendar year in which

any written guidance is required pursuant to paragraph (2) or

(3), the Secretary shall provide to the congressional defense commit-

tees a detailed classified briefing summarizing such guidance devel-

oped pursuant to such paragraphs.’’.

(b) C

ONFORMING

EPEAL

.—

(1) I

N GENERAL

.—Section 118 of title 10, United States

Code, is repealed.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 2 of such title is amended by striking

the item relating to section 118.

SEC. 942. COMMISSION ON THE NATIONAL DEFENSE STRATEGY FOR

THE UNITED STATES.

(a) E

STABLISHMENT

.—There is hereby established a commission

to be known as the ‘‘Commission on the National Defense Strategy

for the United States’’ (in this section referred to as the ‘‘Commis-

sion’’). The purpose of the Commission is to examine and make

recommendations with respect to the national defense strategy for

the United States.

(b) C

OMPOSITION

.—

(1) M

EMBERSHIP

.—The Commission shall be composed of

12 members appointed as follows:

10 USC 111 prec.

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130 STAT. 2368 PUBLIC LAW 114–328—DEC. 23, 2016

(A) Three members appointed by the chair of the Com-

mittee on Armed Services of the House of Representatives.

(B) Three members appointed by the ranking minority

member of the Committee on Armed Services of the House

of Representatives.

mittee on Armed Services of the Senate.

(D) Three members appointed by the ranking minority

member of the Committee on Armed Services of the Senate.

(2) C

HAIR

;

VICE CHAIR

.—

(A) C

HAIR

.—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) V

ICE CHAIR

.—The ranking minority member of the

Committee on Armed Services of the House of Representa-

tive and the ranking minority member of the Committee

on Armed Services of the Senate shall jointly designate

one member of the Commission to serve as vice chair

of the Commission.

(3) P

ERIOD 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.

UTIES

.—

(1) R

EVIEW

.—The Commission shall review the current

national defense strategy of the United States, including the

assumptions, missions, force posture and structure, and stra-

tegic and military risks associated with the strategy.

(2) A

SSESSMENT AND RECOMMENDATIONS

.—The Commission

shall conduct a comprehensive assessment of the strategic

environment, the threats to the United States, the size and

shape of the force, the readiness of the force, the posture

and capabilities of the force, the allocation of resources, and

strategic and military risks in order to provide recommenda-

tions on the national defense strategy for the United States.

(d) C

OOPERATION

ROM

OVERNMENT

.—

(1) C

OOPERATION

.—In carrying out its duties, the Commis-

sion shall receive the full and timely cooperation of the Sec-

retary of Defense in providing the Commission with analysis,

briefings, and other information necessary for the fulfillment

of its responsibilities.

(2) L

IAISON

.—The Secretary shall designate at least one

officer or employee of the Department of Defense to serve

as a liaison officer between the Department and the Commis-

sion.

(e) R

EPORT

.—

(1) F

INAL REPORT

.—Not later than December 1, 2017, the

Commission shall submit to the President, the Secretary of

Defense, the Committee on Armed Services of the House of

Representatives, and the Committee on Armed Services of the

Senate a report on the Commission’s findings, conclusions, and

recommendations. The report shall address, but not be limited

to, each of the following:

(A) The strategic environment, including threats to

the United States and the potential for conflicts arising

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130 STAT. 2369 PUBLIC LAW 114–328—DEC. 23, 2016

from such threats, security challenges, and the national

security interests of the United States.

(B) The military missions for which the Department

of Defense should prepare and the force planning construct.

carry out those missions and the roles and capabilities

provided by other United States Government agencies and

by allies and international partners.

(D) The force planning construct, size and shape, pos-

ture and capabilities, readiness, infrastructure, organiza-

tion, personnel, and other elements of the defense program

necessary to support the strategy.

(E) The resources necessary to support the strategy,

including budget recommendations.

(F) The risks associated with the strategy, including

the relationships and tradeoffs between missions, risks,

and resources.

(2) I

NTERIM BRIEFING

.—Not later than June 1, 2017, the

Commission shall provide to the Committee on Armed Services

of the House of Representatives, and the Committee on Armed

Services of the Senate a briefing on the status of its review

and assessment, and include a discussion of any interim rec-

ommendations.

(3) F

ORM

.—The report submitted to Congress under para-

graph (1) shall be submitted in unclassified form, but may

include a classified annex.

(f) F

UNDING

.—Of the amounts authorized to be appropriated

by to this Act for the Department of Defense, $5,000,000 is available

to fund the activities of the Commission.

(g) T

ERMINATION

.—The Commission shall terminate 6 months

after the date on which it submits the report required by subsection

(e).

SEC. 943. REFORM OF THE NATIONAL MILITARY STRATEGY.

(a) I

ENERAL

.—Paragraph (1) of section 153(b) of title 10,

United States Code, is amended to read as follows:

‘‘(1) N

ATIONAL MILITARY STRATEGY

.—(A) The Chairman

shall determine each even-numbered year whether to prepare

a new National Military Strategy in accordance with this para-

graph or to update a strategy previously prepared in accordance

with this paragraph. The Chairman shall provide such National

Military Strategy or update to the Secretary of Defense in

time for transmittal to Congress pursuant to paragraph (3),

including in time for inclusion in the report of the Secretary

of Defense, if any, under paragraph (4).

‘‘(B) Each National Military Strategy (or update) under

this paragraph shall be based on a comprehensive review con-

ducted by the Chairman in conjunction with the other members

of the Joint Chiefs of Staff and the commanders of the unified

and specified combatant commands. Each update shall address

only those parts of the most recent National Military Strategy

for which the Chairman determines, on the basis of the review,

that a modification is needed.

‘‘(C) Each National Military Strategy (or update) submitted

under this paragraph shall describe how the military will sup-

port the objectives of the United States as articulated in—

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130 STAT. 2370 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(i) the most recent National Security Strategy pre-

scribed by the President pursuant to section 108 of the

National Security Act of 1947 (50 U.S.C. 3043);

‘‘(ii) the most recent annual report of the Secretary

of Defense submitted to the President and Congress pursu-

ant to section 113 of this title;

‘‘(iii) the most recent national defense strategy pre-

sented by the Secretary of Defense pursuant to section

113 of this title;

‘‘(iv) the most recent policy guidance provided by the

Secretary of Defense pursuant to section 113(g) of this

title; and

‘‘(v) any other national security or defense strategic

guidance issued by the President or the Secretary of

Defense.

‘‘(D) At a minimum, each National Military Strategy (or

update) submitted under this paragraph shall—

‘‘(i) assess the strategic environment, threats,

opportunities, and challenges that affect the national secu-

rity of the United States;

‘‘(ii) assess military ends, ways, and means to support

the objectives referred to in subparagraph (C);

‘‘(iii) provide the framework for the assessment by the

Chairman of military strategic and operational risks, and

for the development of risk mitigation options;

‘‘(iv) develop military options to address threats and

opportunities;

‘‘(v) assess joint force capabilities, capacities, and

resources; and

‘‘(vi) establish military guidance for the development

of the joint force and the total force building on guidance

by the President and the Secretary of Defense as referred

to in subparagraph (C).’’.

(b) M

ODIFICATION TO

ISK

SSESSMENT

.—Paragraph (2) of such

section is amended—

(1) in the third sentence of subparagraph (A), by striking

‘‘of the report’’ and inserting ‘‘in the report’’; and

(2) in subparagraph (B)—

(A) by inserting ‘‘(or update)’’ after ‘‘National Military

Strategy’’ each place it appears;

(B) in clause (ii), by striking ‘‘strategic risks to United

States interests’’ and all that follows and inserting ‘‘military

strategic and operational risks to United States interests

and the military strategic and operational risks in exe-

cuting the National Military Strategy (or update).’’;

the concepts of probability and consequences’’;

(D) in clause (iv)(II), by striking ‘‘most’’; and

(E) in clause (v), by striking ‘‘or support of—’’ and

all the follows and inserting ‘‘of external support, as appro-

priate.’’.

ORM

.—Paragraph (3) of such section is amended by adding

at the end the following new subparagraph:

‘‘(C) The National Military Strategy (or update) and Risk

Assessment submitted under this subsection shall be classified

in form, but shall include an unclassified summary.’’.

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130 STAT. 2371 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 944. FORM OF ANNUAL NATIONAL SECURITY STRATEGY REPORT.

Section 108(c) of the National Security Act of 1947 (50 U.S.C.

3043(c)) is amended by striking ‘‘in both a classified form and

an unclassified form’’ and inserting ‘‘to Congress in classified form,

but may include an unclassified summary’’.

SEC. 945. MODIFICATION TO INDEPENDENT STUDY OF NATIONAL

SECURITY STRATEGY FORMULATION PROCESS.

Section 1064(b)(2) of the National Defense Authorization Act

for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 989) is

amended—

(1) in subparagraph (D), by inserting ‘‘, including Congress,’’

after ‘‘Federal Government’’; and

(2) by adding at the end the following new subparagraph:

‘‘(E) The capabilities and limitations of the Department

of Defense workforce responsible for conducting strategic

planning, including recommendations for improving the

workforce through training, education, and career manage-

ment.’’.

Subtitle F—Other Matters

SEC. 951. ENHANCED SECURITY PROGRAMS FOR DEPARTMENT OF

DEFENSE PERSONNEL AND INNOVATION INITIATIVES.

(a) E

NHANCEMENT OF

ECURITY

ROGRAMS

ENERALLY

.—

(1) P

ERSONNEL BACKGROUND AND SECURITY PLAN

REQUIRED

.—The Secretary of Defense shall develop an

implementation plan for the Defense Security Service to con-

duct, after October 1, 2017, background investigations for per-

sonnel of the Department of Defense whose investigations are

adjudicated by the Consolidated Adjudication Facility of the

Department. The Secretary shall submit the implementation

plan to the congressional defense committees by not later than

August 1, 2017.

(2) P

LAN FOR POTENTIAL TRANSFER OF INVESTIGATIVE PER

SONNEL TO DEPARTMENT OF DEFENSE

.—Not later than October

1, 2017, the Secretary and the Director of the Office of Per-

sonnel Management shall develop a plan to transfer Govern-

ment investigative personnel and contracted resources to the

Department in proportion to the background and security inves-

tigative workload that would be assumed by the Department

if the plan required by paragraph (1) were implemented.

(3) R

EPORT

.—Not later than August 1, 2017, the Secretary

shall submit to the congressional defense committees a report

on the number of full-time equivalent employees of the manage-

ment headquarters of the Department that would be required

by the Defense Security Service to carry out the plan developed

under paragraph (1).

(4) C

OLLECTION

STORAGE

AND RETENTION OF INFORMATION

BY INSIDER THREAT PROGRAMS

.—In order to enable detection

and mitigation of potential insider threats, the Secretary shall

ensure that insider threat programs of the Department collect,

store, and retain information from the following:

(A) Personnel security.

(B) Physical security.

10 USC 1564

note.

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130 STAT. 2372 PUBLIC LAW 114–328—DEC. 23, 2016

(D) Law enforcement.

(E) Counterintelligence.

(F) User activity monitoring.

(G) Information assurance.

(H) Such other data sources as the Secretary considers

necessary and appropriate.

(b) E

LEMENTS OF

YSTEM

.—

(1) I

N GENERAL

.—In developing a system for the perform-

ance of background investigations for personnel in carrying

out subsection (a), the Secretary shall—

(A) conduct a review of security clearance business

processes and, to the extent practicable, modify such proc-

esses to maximize compatibility with the security clearance

information technology architecture to minimize the need

for customization of the system;

(B) conduct business process mapping of the business

processes described in subparagraph (A);

practices to rapidly deploy the system, including through

the use of prototyping and open architecture principles;

(D) establish a process to identify and limit interfaces

with legacy systems and to limit customization of any

commercial information technology tools used;

(E) establish automated processes for measuring the

performance goals of the system;

(F) incorporate capabilities for the continuous moni-

toring of network security and the mitigation of insider

threats to the system;

(G) institute a program to collect and maintain data

and metrics on the background investigation process; and

(H) establish a council (to be known as the ‘‘Depart-

ment of Defense Background Investigations Rate Council’’)

to advise and advocate for rate efficiencies for background

clearance investigation rates, and to negotiate rates for

background investigation services provided to outsides enti-

ties and agencies when requested.

(2) C

OMPLETION DATE

.—The Secretary shall complete the

development and implementation of the system described in

paragraph (1) by not later than September 30, 2019.

STABLISHMENT OF

NHANCED

ECURITY

ROGRAM TO

PORT

EPARTMENT OF

EFENSE

NNOVATION

NITIATIVE

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary shall establish

a personnel security program, and take such other actions

as the Secretary considers appropriate, to support the Innova-

tion Initiative of the Department to better leverage commercial

technology.

(2) P

OLICIES AND PROCEDURES

.—In establishing the pro-

gram required by paragraph (1), the Secretary shall develop

policies and procedures to rapidly and inexpensively investigate

and adjudicate security clearances for personnel from commer-

cial companies with innovative technologies and solutions to

enable such companies to receive relevant threat reporting

and to propose solutions for a broader set of Department

requirements.

(3) A

CCESS TO CLASSIFIED INFORMATION

.—The Secretary

shall ensure that access to classified information under the

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130 STAT. 2373 PUBLIC LAW 114–328—DEC. 23, 2016

program required by paragraph (1) is not contingent on a

company already being under contract with the Department.

(4) A

WARD OF SECURITY CLEARANCES

.—The Secretary may

award secret clearances under the program required by para-

graph (1) for limited purposes and periods relating to the

acquisition or modification of capabilities and services.

(d) U

PDATED

UIDANCE AND

EVIEW OF

OLICIES

.—

(1) R

EVIEW OF APPLICABLE LAWS

.—The Secretary shall

review laws, regulations, and executive orders relating to the

maintenance of personnel security clearance information by

the Federal Government, including the investigation timeline

metrics established in the Intelligence Reform and Prevention

of Terrorism Act of 2004 (Public Law 108–458). The review

should also identify recommendations to eliminate duplicative

or outdated authorities in current executive orders, regulations

and guidance. Not later than 90 days after the date of the

enactment of this Act, the Secretary shall provide to the

Committees on Armed Services of the Senate and the House

of Representatives a briefing that includes—

(A) the results of the review; and

(B) recommendations, if any, for consolidating and

clarifying laws, regulations, and executive orders relating

to the maintenance of personnel security clearance informa-

tion by the Federal Government.

(2) R

ECIPROCITY DIRECTIVE

.—Not later than 180 days after

the date of the enactment of this Act, the Secretary shall

coordinate with the Security Executive Agent, in consultation

with the Suitability Executive Agent, to issue an updated reci-

procity directive that accounts for security policy changes asso-

ciated with new position designation regulations under section

1400 of title 5, Code of Federal Regulations, new continuous

evaluation policies, and new Federal investigative standards.

(3) I

MPLEMENTATION DIRECTIVES

.—The Secretary, working

with the Security Executive Agent and the Suitability Executive

Agent, shall jointly develop and issue directives on—

(A) completing the implementation of the National

Security Sensitive Position designations required by section

1400 of title 5, Code of Federal Regulations; and

(B) aligning to the maximum practical extent the inves-

tigative and adjudicative standards and criteria for posi-

tions requiring access to classified information and national

security sensitive positions not requiring access to classified

information to ensure effective and efficient reciprocity and

consistent designation of like-positions across the Federal

Government.

(e) W

AIVER OF

ERTAIN

EADLINES

.—For each of fiscal years

2017 through 2019, the Secretary may waive any background inves-

tigation timeline specified in the Intelligence Reform and Prevention

of Terrorism Act of 2004 if the Secretary submits to the appropriate

committees of Congress a written notification on the waiver not

later than 30 days before the beginning of the fiscal year concerned.

(f) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate committees of Congress’’ has

the meaning given that term in section 3001(a)(8) of the Intel-

ligence Reform and Prevention of Terrorism Act of 2004 (50

U.S.C. 3341(a)(8)).

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130 STAT. 2374 PUBLIC LAW 114–328—DEC. 23, 2016

(2) The term ‘‘business process mapping’’ has the meaning

given that term in section 2222(i) of title 10, United States

Code.

(3) The term ‘‘insider threat’’ means, with respect to the

Department, a threat presented by a person who—

(A) has, or once had, authorized access to information,

a facility, a network, a person, or a resource of the Depart-

ment; and

(B) wittingly, or unwittingly, commits—

(i) an act in contravention of law or policy that

resulted in, or might result in, harm through the loss

or degradation of government or company information,

resources, or capabilities; or

(ii) a destructive act, which may include physical

harm to another in the workplace.

SEC. 952. MODIFICATION OF AUTHORITY OF THE SECRETARY OF

DEFENSE RELATING TO PROTECTION OF THE PENTAGON

RESERVATION AND OTHER DEPARTMENT OF DEFENSE

FACILITIES IN THE NATIONAL CAPITAL REGION.

(a) L

NFORCEMENT

UTHORITY

.—Subsection (b) of section

2674 of title 10, United States Code, is amended—

(1) by redesignating paragraph (2) as paragraph (5); and

(2) by striking the matter in such subsection preceding

such paragraph and inserting the following:

‘‘(b)(1) The Secretary shall protect the buildings, grounds, and

property located in the National Capital Region that are occupied

by, or under the jurisdiction, custody, or control of, the Department

of Defense, and the persons on that property.

‘‘(2) The Secretary may designate military or civilian personnel

to perform law enforcement functions and military, civilian, or

contract personnel to perform security functions for such buildings,

grounds, property, and persons, including, with regard to civilian

personnel designated under this section, duty in areas outside the

property referred to in paragraph (1) to the extent necessary to

protect that property and persons on that property. Subject to

the authorization of the Secretary, any such military or civilian

personnel so designated may exercise the authorities listed in para-

graphs (1) through (5) of section 2672(c) of this title.

‘‘(3) The powers granted under paragraph (2) to military and

civilian personnel designated under that paragraph shall be exer-

cised in accordance with guidelines prescribed by the Secretary

and approved by the Attorney General.

‘‘(4) Nothing in this subsection shall be construed to—

‘‘(A) preclude or limit the authority of any Defense Criminal

Investigative Organization or any other Federal law enforce-

ment agency;

‘‘(B) restrict the authority of the Secretary of Homeland

Security under the Homeland Security Act of 2002 (6 U.S.C.

101 et seq.) or the authority of the Administrator of General

Services, including the authority to promulgate regulations

affecting property under the custody and control of that Sec-

retary or the Administrator, respectively;

‘‘(C) expand or limit section 21 of the Internal Security

Act of 1950 (50 U.S.C. 797);

‘‘(D) affect chapter 47 of this title (the Uniform Code of

Military Justice);

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130 STAT. 2375 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(E) restrict any other authority of the Secretary of Defense

or the Secretary of a military department; or

‘‘(F) restrict the authority of the Director of the National

Security Agency under section 11 of the National Security

Agency Act of 1959 (50 U.S.C. 3609).’’.

(b) R

ATES OF

ASIC

AY FOR

IVILIAN

NFORCEMENT

SONNEL

.—Paragraph (5) of such subsection, as redesignated by sub-

section (a)(1) of this section, is amended by inserting ‘‘, whichever

is greater’’ before the period at the end.

ODIFICATION OF

UTHORITY

ROVIDE

HYSICAL

ROTEC

TION AND

ERSONAL

ECURITY

ITHIN

NITED

TATES TO

ERTAIN

ENIOR

EADERS IN

AND

THER

PECIFIED

ERSONS

.—

(1) I

N GENERAL

.—Chapter 41 of title 10, United States

Code, is amended by inserting after section 713 a new section

714 consisting of—

(A) a heading as follows:

‘‘§ 714. Senior leaders of the Department of Defense and other

specified persons: authority to provide protection

within the United States’’; and

(B) a text consisting of the text of subsections (a)

through (d) of section 1074 of the National Defense

Authorization Act for Fiscal Year 2008 (10 U.S.C. 113

note).

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 41 of such title is amended by adding

at the end the following new item:

‘‘714. Senior leaders of the Department of Defense and other specified persons: au-

thority to provide protection within the United States.’’.

(3) R

EPEAL OF CODIFIED PROVISION

.—Section 1074 of the

National Defense Authorization Act for Fiscal Year 2008 is

repealed.

(4) C

ONFORMING AND STYLISTIC AMENDMENTS DUE TO CODI

FICATION

.—Section 714 of title 10, United States Code, as added

by paragraph (1), is amended—

(A) in subsections (a), (b)(1), and (d)(1), by striking

‘‘Armed Forces’’ and inserting ‘‘armed forces’’;

(B) in subsection (c)—

(i) by striking ‘‘section:’’ and all that follows

through ‘‘Forces’ and’’ and inserting ‘‘section, the terms

‘qualified members of the armed forces’ and’’; and

(ii) by redesignating subparagraphs (A) through

(E) as paragraphs (1) through (5), respectively, and

realigning the left margin of such paragraphs, as so

redesignated, two ems to the left; and

Code’’.

(5) A

MENDMENTS FOR CONSISTENCY WITH TITLE 10 USAGE

AS TO SERVICE CHIEFS

.—Such section is further amended—

(A) in subsection (a)—

(i) in paragraph (6), by striking ‘‘Chiefs of the

Services’’ and inserting ‘‘Members of the Joint Chiefs

of Staff in addition to the Chairman and Vice Chair-

man’’;

(ii) by striking paragraph (7); and

10 USC 711 prec.

10 USC 714.

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130 STAT. 2376 PUBLIC LAW 114–328—DEC. 23, 2016

(iii) by redesignating paragraph (8) as paragraph

(7); and

(B) in subsection (b)(1), by striking ‘‘through (8)’’ and

inserting ‘‘through (7)’’.

(6) A

MENDMENTS FOR CONSISTENCY WITH TITLE 10 USAGE

AS TO

‘‘

MILITARY MEMBER

’’.—Subsection (b)(2)(A) of such section

is amended—

(A) by striking ‘‘, military member,’’; and

(B) by inserting after ‘‘of the Department of Defense’’

the following: ‘‘or member of the armed forces’’.

SEC. 953. MODIFICATIONS TO REQUIREMENTS FOR ACCOUNTING FOR

MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF

DEFENSE CIVILIAN EMPLOYEES LISTED AS MISSING.

(a) L

IMITATION OF

EFENSE

POW/MIA A

CCOUNTING

GENCY

ISSING

ERSONS

ROM

AST

ONFLICTS

.—Section 1501(a) of

title 10, United States Code, is amended—

(1) in paragraph (1)(A), by inserting ‘‘from past conflicts’’

after ‘‘matters relating to missing persons’’;

(2) in paragraph (2)—

(A) by striking subparagraph (A);

(B) by redesignating subparagraphs (B), (C), (D), (E),

and (F) as subparagraphs (A), (B), (C), (D), and (E), respec-

tively; and

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) A

CTION

PON

ISCOVERY OR

ECEIPT OF

NFORMATION

.—

Section 1505(c) of such title is amended by striking ‘‘designated

Agency Director’’ in paragraphs (1), (2), and (3) and inserting ‘‘Sec-

retary of Defense’’.

EFINITION OF

‘‘A

CCOUNTED FOR

’’.—Section 1513(3)(B) of

such title is amended by inserting ‘‘to the extent practicable’’ after

‘‘are recovered’’.

SEC. 954. MODIFICATIONS TO CORROSION REPORT.

(a) M

ODIFICATIONS TO

EPORT TO

ONGRESS

.—Section

2228(e)(1) of title 10, United States Code, is amended—

(1) in the matter preceding subparagraph (A), by inserting

after ‘‘2009’’ the following: ‘‘and ending with the budget for

fiscal year 2022’’;

(2) by amending subparagraph (B) to read as follows:

‘‘(B) The estimated composite return on investment

achieved by implementing the strategy, and documented in

the assessments by the Department of Defense of completed

corrosion projects and activities.’’;

(3) by amending subparagraph (D) to read as follows:

‘‘(D) If the full amount of funding requirements is not

requested in the budget, the reasons for not including the

full amount and a description of the impact on readiness,

logistics, and safety of not fully funding required corrosion

prevention and mitigation activities.’’; and

(4) in subparagraph (F), by striking ‘‘pilot’’.

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130 STAT. 2377 PUBLIC LAW 114–328—DEC. 23, 2016

(b) R

EPORT TO

IRECTOR OF

ORROSION

OLICY AND

VER

SIGHT

.—Section 2228(e)(2) of such title is amended—

(1) by inserting ‘‘(A)’’ before ‘‘Each report’’;

(2) by striking ‘‘a copy of’’ and all that follows through

the period and inserting ‘‘a summary of the most recent report

required by subparagraph (B).’’; and

(3) by adding at the end the following new subparagraph:

‘‘(B) Not later than December 31 of each year, through

December 31, 2020, the corrosion control and prevention executive

of a military department shall submit to the Director of Corrosion

Policy and Oversight a report containing recommendations per-

taining to the corrosion control and prevention program of the

military department. Such report shall include recommendations

for the funding levels necessary for the executive to carry out

the duties of the executive under this section. The report required

under this subparagraph shall—

‘‘(i) provide a summary of key accomplishments, goals, and

objectives of the corrosion control and prevention program of

the military department; and

‘‘(ii) include the performance measures used to ensure that

the corrosion control and prevention program achieved the goals

and objectives described in clause (i).’’.

ONFORMING

EPEAL

.—Section 903(b) of the Duncan Hunter

National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C.

2228 note) is amended by striking paragraph (5).

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Report on auditable financial statements.

Sec. 1003. Increased use of commercial data integration and analysis products for

the purpose of preparing financial statement audits.

Sec. 1004. Sense of Congress on sequestration.

Sec. 1005. Requirement to transfer funds from Department of Defense Acquisition

Workforce Development Fund to the Treasury.

Subtitle B—Counterdrug Activities

Sec. 1011. Codification and modification of authority to provide support for

counterdrug activities and activities to counter transnational organized

crime of civilian law enforcement agencies.

Sec. 1012. Secretary of Defense review of curricula and program structures of Na-

tional Guard counterdrug schools.

Sec. 1013. Extension of authority to support unified counterdrug and counterter-

rorism campaign in Colombia.

Sec. 1014. Enhancement of information sharing and coordination of military train-

ing between Department of Homeland Security and Department of De-

fense.

Subtitle C—Naval Vessels and Shipyards

Sec. 1021. Definition of short-term work with respect to overhaul, repair, or main-

tenance of naval vessels.

Sec. 1022. Warranty requirements for shipbuilding contracts.

Sec. 1023. National Sea-Based Deterrence Fund.

Sec. 1024. Availability of funds for retirement or inactivation of Ticonderoga-class

cruisers or dock landing ships.

Subtitle D—Counterterrorism

Sec. 1031. Frequency of counterterrorism operations briefings.

Sec. 1032. Prohibition on use of funds for transfer or release of individuals detained

at United States Naval Station, Guantanamo Bay, Cub, to the United

States.

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130 STAT. 2378 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 1033. Prohibition on use of funds to construct or modify facilities in the United

States to house detainees transferred from United States Naval Station,

Guantanamo Bay, Cuba.

Sec. 1034. Prohibition on use of funds for transfer or release to certain countries

of individuals detained at United States Naval Station, Guantanamo

Bay, Cuba.

Sec. 1035. Prohibition on use of funds for realignment of forces at or closure of

United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1036. Congressional notification requirements for sensitive military operations.

Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1041. Expanded authority for transportation by the Department of Defense of

non-Department of Defense personnel and cargo.

Sec. 1042. Reduction in minimum number of Navy carrier air wings and carrier air

wing headquarters required to be maintained.

Sec. 1043. Modification to support for non-Federal development and testing of ma-

terial for chemical agent defense.

Sec. 1044. Protection of certain Federal spectrum operations.

Sec. 1045. Prohibition on use of funds for retirement of legacy maritime mine coun-

termeasures platforms.

Sec. 1046. Extension of authority of Secretary of Transportation to issue non-pre-

mium aviation insurance.

Sec. 1047. Evaluation of Navy alternate combination cover and unisex combination

cover.

Sec. 1048. Independent evaluation of Department of Defense excess property pro-

gram.

Sec. 1049. Waiver of certain polygraph examination requirements.

Sec. 1050. Use of Transportation Worker Identification Credential to gain access at

Department of Defense installations.

Sec. 1051. Limitation on availability of funds for destruction of certain landmines

and briefing on development of replacement anti-personnel landmine

munitions.

Sec. 1052. Transition of Air Force to operation of remotely piloted aircraft by en-

listed personnel.

Sec. 1053. Prohibition on divestment of Marine Corps Search and Rescue Units.

Sec. 1054. Support for the Associate Director of the Central Intelligence Agency for

Military Affairs.

Sec. 1055. Notification on the provision of defense sensitive support.

Sec. 1056. Prohibition on enforcement of military commission rulings preventing

members of the Armed Forces from carrying out otherwise lawful duties

based on member sex.

Subtitle F—Studies and Reports

Sec. 1061. Temporary continuation of certain Department of Defense reporting re-

quirements.

Sec. 1062. Reports on programs managed under alternative compensatory control

measures in the Department of Defense.

Sec. 1063. Matters for inclusion in report on designation of countries for which re-

wards may be paid under Department of Defense rewards program.

Sec. 1064. Annual reports on unfunded priorities of the Armed Forces and the com-

batant commands and annual report on combatant command require-

ments.

Sec. 1065. Management and reviews of electromagnetic spectrum.

Sec. 1066. Requirement for notice and reporting to Committees on Armed Services

on certain expenditures of funds by Defense Intelligence Agency.

Sec. 1067. Congressional notification of biological select agent and toxin theft, loss,

or release involving the Department of Defense.

Sec. 1068. Report on service-provided support and enabling capabilities to United

States special operations forces.

Sec. 1069. Report on citizen security responsibilities in the Northern Triangle of

Central America.

Sec. 1070. Report on counterproliferation activities and programs.

Sec. 1071. Report on testing and integration of minehunting sonar systems to im-

prove Littoral Combat Ship minehunting capabilities.

Sec. 1072. Quarterly reports on parachute jumps conducted at Fort Bragg and Pope

Army Airfield and Air Force support for such jumps.

Sec. 1073. Study on military helicopter noise.

Sec. 1074. Independent review of United States military strategy and force posture

in the United States Pacific Command area of responsibility.

Sec. 1075. Assessment of the joint ground forces of the Armed Forces.

Subtitle G—Other Matters

Sec. 1081. Technical and clerical amendments.

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130 STAT. 2379 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 1082. Increase in maximum amount available for equipment, services, and

supplies provided for humanitarian demining assistance.

Sec. 1083. Liquidation of unpaid credits accrued as a result of transactions under

a cross-servicing agreement.

Sec. 1084. Modification of requirements relating to management of military techni-

cians.

Sec. 1085. Streamlining of the National Security Council.

Sec. 1086. National biodefense strategy.

Sec. 1087. Global Cultural Knowledge Network.

Sec. 1088. Sense of Congress regarding Connecticut’s Submarine Century.

Sec. 1089. Sense of Congress regarding the reporting of the MV–22 mishap in

Marana, Arizona, on April 8, 2000.

Sec. 1090. Cost of Wars.

Sec. 1091. Reconnaissance Strike Group matters.

Sec. 1092. Border security metrics.

Sec. 1093. Program to commemorate the 100th anniversary of the Tomb of the Un-

known Soldier.

Sec. 1094. Sense of Congress regarding the OCONUS basing of the KC–46A air-

craft.

Sec. 1095. Designation of a Department of Defense Strategic Arctic Port.

Sec. 1096. Recovery of excess rifles, ammunition, and parts granted to foreign coun-

tries and transfer to certain persons.

Subtitle A—Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) A

UTHORITY TO

RANSFER

UTHORIZATIONS

.—

(1) A

UTHORITY

.—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) L

IMITATION

.—Except as provided in paragraph (3), the

total amount of authorizations that the Secretary may transfer

under the authority of this section may not exceed

$4,500,000,000.

(3) E

XCEPTION FOR TRANSFERS BETWEEN MILITARY PER

SONNEL AUTHORIZATIONS

.—A transfer of funds between military

personnel authorizations under title IV shall not be counted

toward the dollar limitation in paragraph (2).

(b) L

IMITATIONS

.—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.

FFECT ON

UTHORIZATION

MOUNTS

.—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) N

OTICE TO

ONGRESS

.—The Secretary shall promptly notify

Congress of each transfer made under subsection (a).

SEC. 1002. REPORT ON AUDITABLE FINANCIAL STATEMENTS.

Not later than 90 days after the date of the enactment of

this Act, the Secretary of Defense shall submit to the congressional

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130 STAT. 2380 PUBLIC LAW 114–328—DEC. 23, 2016

defense committees a report ranking all military departments and

Defense Agencies in order of how advanced they are in achieving

auditable financial statements as required by law. The report should

not include information otherwise available in other reports to

Congress.

SEC. 1003. INCREASED USE OF COMMERCIAL DATA INTEGRATION AND

ANALYSIS PRODUCTS FOR THE PURPOSE OF PREPARING

FINANCIAL STATEMENT AUDITS.

(a) D

EPLOYMENT OF

ATA

NALYTICS

APABILITIES

.—The Sec-

retary of Defense shall use competitive procedures under chapter

137 of title 10, United States Code, to procure or develop, as

soon as practicable, technologies or services, including those based

on commercially available information technologies and services

to improve data collection and analyses to support preparation

of auditable financial statements for the Department of Defense.

(b) U

SE OF

UNDING AND

ESOURCES

.—The Secretary of

Defense may use science and technology funding, prototypes, and

test and evaluation resources as appropriate in support of this

deployment.

EPORT ON

ERFORMANCE

.—Not later than 180 days after

the date of the enactment of this Act, the Secretary of Defense,

in consultation with the Chief Financial Officer and the Chief

Management Officer of the Department of Defense, shall submit

to the congressional defense committees a report on the capabilities

procured pursuant to subsection (a), including the results of using

such capabilities in connection with auditing a financial statement

of the Department of Defense.

SEC. 1004. SENSE OF CONGRESS ON SEQUESTRATION.

It is the sense of the Congress that—

(1) the fiscal challenges of the Federal Government are

a top priority for Congress, and sequestration—non-strategic,

across-the-board budget cuts—remains an unreasonable and

inadequate budgeting tool to address the deficits and debt

of the Federal Government;

(2) budget caps imposed by the Budget Control Act of

2011 (Public Law 112–25) impose unacceptable limitations on

the budget and increase risk to the national security of the

United States; and

(3) the budget caps imposed by the Budget Control Act

of 2011 must be modified or eliminated through a bipartisan

legislative agreement.

SEC. 1005. REQUIREMENT TO TRANSFER FUNDS FROM DEPARTMENT

OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT

FUND TO THE TREASURY.

(a) T

RANSFER

EQUIRED

.—During fiscal year 2017, the Sec-

retary of Defense shall transfer, from amounts available in the

Department of Defense Acquisition Workforce Development Fund

from amounts credited to the Fund pursuant to section 1705(d)(2)

of title 10, United States Code, $475,000,000 to the Secretary of

the Treasury for deposit in the general fund of the Treasury.

(b) A

DDITIONAL

UTHORITY

.—The transfer authority provided

by this section is in addition to any other transfer authority con-

tained in this Act.

10 USC 2222

note.

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130 STAT. 2381 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle B—Counterdrug Activities

SEC. 1011. CODIFICATION AND MODIFICATION OF AUTHORITY TO PRO-

VIDE SUPPORT FOR COUNTERDRUG ACTIVITIES AND

ACTIVITIES TO COUNTER TRANSNATIONAL ORGANIZED

CRIME OF CIVILIAN LAW ENFORCEMENT AGENCIES.

(a) C

ODIFICATION AND

ODIFICATION

.—

(1) I

N GENERAL

.—Chapter 18 of title 10, United States

Code, is amended by adding at the end the following new

section:

‘‘§ 384. Support for counterdrug activities and activities to

counter transnational organized crime

‘‘(a) S

UPPORT TO

THER

GENCIES

.—The Secretary of Defense

may provide support for the counterdrug activities or activities

to counter transnational organized crime of any other department

or agency of the Federal Government or of any State, local, tribal,

or foreign law enforcement agency for any of the purposes set

forth in subsection (b) or (c), as applicable, if—

‘‘(1) in the case of support described in subsection (b),

such support is requested—

‘‘(A) by the official who has responsibility for the

counterdrug activities or activities to counter transnational

organized crime of the department or agency of the Federal

Government, in the case of support for other departments

or agencies of the Federal Government; or

‘‘(B) by the appropriate official of a State, local, or

tribal government, in the case of support for State, local,

or tribal law enforcement agencies; or

‘‘(2) in the case of support described in subsection (c),

such support is requested by an appropriate official of a depart-

ment or agency of the Federal Government, in coordination

with the Secretary of State, that has counterdrug responsibil-

ities or responsibilities for countering transnational organized

crime.

‘‘(b) T

YPES OF

UPPORT FOR

GENCIES OF

NITED

TATES

.—

The purposes for which the Secretary may provide support under

subsection (a) for other departments or agencies of the Federal

Government or a State, local, or tribal law enforcement agencies,

are the following:

‘‘(1) The maintenance and repair of equipment that has

been made available to any department or agency of the Federal

Government or to any State, local, or tribal government by

the Department of Defense for the purposes of—

‘‘(A) preserving the potential future utility of such

equipment for the Department of Defense; and

‘‘(B) upgrading such equipment to ensure compatibility

of that equipment with other equipment used by the

Department.

‘‘(2) The maintenance, repair, or upgrading of equipment

(including computer software), other than equipment referred

to in paragraph (1) for the purpose of—

‘‘(A) ensuring that the equipment being maintained

or repaired is compatible with equipment used by the

Department of Defense; and

10 USC 384.

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130 STAT. 2382 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(B) upgrading such equipment to ensure the compat-

ibility of that equipment with equipment used by the

Department.

‘‘(3) The transportation of personnel of the United States

and foreign countries (including per diem expenses associated

with such transportation), and the transportation of supplies

and equipment, for the purpose of facilitating counterdrug

activities or activities to counter transnational organized crime

within or outside the United States.

‘‘(4) The establishment (including an unspecified minor

military construction project) and operation of bases of oper-

ations or training facilities for the purpose of facilitating

counterdrug activities or activities to counter transnational

organized crime of the Department of Defense or any Federal,

State, local, or tribal law enforcement agency within or outside

the United States.

‘‘(5) Counterdrug or counter-transnational organized crime

related training of law enforcement personnel of the Federal

Government, of State, local, and tribal governments, including

associated support expenses for trainees and the provision of

materials necessary to carry out such training.

‘‘(6) The detection, monitoring, and communication of the

movement of—

‘‘(A) air and sea traffic within 25 miles of and outside

the geographic boundaries of the United States; and

‘‘(B) surface traffic outside the geographic boundary

of the United States and within the United States not

to exceed 25 miles of the boundary if the initial detection

occurred outside of the boundary.

‘‘(7) Construction of roads and fences and installation of

lighting to block drug smuggling corridors across international

boundaries of the United States.

‘‘(8) Establishment of command, control, communications,

and computer networks for improved integration of law enforce-

ment, active military, and National Guard activities.

‘‘(9) The provision of linguist and intelligence analysis serv-

ices.

‘‘(10) Aerial and ground reconnaissance.

‘‘(c) T

YPES OF

UPPORT FOR

OREIGN

NFORCEMENT

GEN

CIES

.—

‘‘(1) P

URPOSES

.—The purposes for which the Secretary may

provide support under subsection (a) for foreign law enforce-

ment agencies are the following:

‘‘(A) The transportation of personnel of the United

States and foreign countries (including per diem expenses

associated with such transportation), and the transpor-

tation of supplies and equipment, for the purpose of facili-

tating counterdrug activities or activities to counter

transnational organized crime within or outside the United

States.

‘‘(B) The establishment (including small scale construc-

tion) and operation of bases of operations or training facili-

ties for the purpose of facilitating counterdrug activities

or activities to counter transnational organized crime of

a foreign law enforcement agency outside the United States.

‘‘(C) The detection, monitoring, and communication of

the movement of—

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130 STAT. 2383 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(i) air and sea traffic within 25 miles of and

outside the geographic boundaries of the United States;

and

‘‘(ii) surface traffic outside the geographic bound-

aries of the United States.

‘‘(D) Establishment of command, control, communica-

tions, and computer networks for improved integration of

United States Federal and foreign law enforcement entities

and United States Armed Forces.

‘‘(E) The provision of linguist and intelligence analysis

services.

‘‘(F) Aerial and ground reconnaissance.

‘‘(2) C

OORDINATION WITH SECRETARY OF STATE

.—In pro-

viding support for a purpose described in this subsection, the

Secretary shall coordinate with the Secretary of State.

‘‘(d) C

ONTRACT

UTHORITY

.—In carrying out subsection (a), the

Secretary may acquire services or equipment by contract for support

provided under that subsection if the Department of Defense would

normally acquire such services or equipment by contract for the

purpose of conducting a similar activity for the Department.

‘‘(e) L

IMITED

AIVER OF

ROHIBITION

.—Notwithstanding section

376 of this title, the Secretary may provide support pursuant to

subsection (a) in any case in which the Secretary determines that

the provision of such support would adversely affect the military

preparedness of the United States in the short term if the Secretary

determines that the importance of providing such support outweighs

such short-term adverse effect.

‘‘(f) C

ONDUCT OF

RAINING OR

PERATION

IVILIAN

GENCIES

.—In providing support pursuant to subsection (a), the

Secretary may plan and execute otherwise valid military training

or operations (including training exercises undertaken pursuant

to section 1206(a) of the National Defense Authorization Act for

Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1564)

for the purpose of aiding civilian law enforcement agencies.

‘‘(g) R

ELATIONSHIP TO

THER

UPPORT

UTHORITIES

.—

‘‘(1) A

DDITIONAL AUTHORITY

.—The authority provided in

this section for the support of counterdrug activities or activities

to counter transnational organized crime by the Department

of Defense is in addition to, and except as provided in paragraph

(2), not subject to the other requirements of this chapter.

‘‘(2) E

XCEPTION

.—Support under this section shall be sub-

ject to the provisions of section 375 and, except as provided

in subsection (e), section 376 of this title.

‘‘(h) C

ONGRESSIONAL

OTIFICATION

.—

‘‘(1) I

N GENERAL

.—Not less than 15 days before providing

support for an activity under subsection (a), the Secretary of

Defense shall submit to the appropriate committees of Congress

a written and electronic notice of the following:

‘‘(A) In the case of support for a purpose described

in subsection (c)—

‘‘(i) the country the capacity of which will be built

or enabled through the provision of such support;

‘‘(ii) the budget, implementation timeline with

milestones, anticipated delivery schedule for support,

and completion date for the purpose or project for

which support is provided;

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130 STAT. 2384 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(iii) the source and planned expenditure of funds

provided for the project or purpose;

‘‘(iv) a description of the arrangements, if any,

for the sustainment of the project or purpose and the

source of funds to support sustainment of the capabili-

ties and performance outcomes achieved using such

support, if applicable;

‘‘(v) a description of the objectives for the project

or purpose and evaluation framework to be used to

develop capability and performance metrics associated

with operational outcomes for the recipient;

‘‘(vi) information, including the amount, type, and

purpose, about the support provided the country during

the three fiscal years preceding the fiscal year for

which the support covered by the notice is provided

under this section under—

‘‘(I) this section;

‘‘(II) section 23 of the Arms Export Control

Act (22 U.S.C. 2763);

‘‘(III) peacekeeping operations;

‘‘(IV) the International Narcotics Control and

Law Enforcement program under section 481 of

the Foreign Assistance Act of 1961 (22 U.S.C.

2291);

‘‘(V) Nonproliferation, Anti-Terrorism,

Demining, and Related Programs;

‘‘(VI) counterdrug activities authorized by sec-

tion 1004 of the National Defense Authorization

Act for Fiscal Year 1991 (10 U.S.C. 374 note) and

section 1033 of the National Defense Authorization

Act for Fiscal Year 1998 (Public Law 105–85);

‘‘(VII) any other significant program, account,

or activity for the provision of security assistance

that the Secretary of Defense and the Secretary

of State consider appropriate;

‘‘(vii) an evaluation of the capacity of the recipient

country to absorb the support provided; and

‘‘(viii) an evaluation of the manner in which the

project or purpose for which the support is provided

fits into the theater security cooperation strategy of

the applicable geographic combatant command.

‘‘(B) In the case of support for a purpose described

in subsection (b) or (c), a description of any small scale

construction project for which support is provided.

‘‘(2) C

OORDINATION WITH SECRETARY OF STATE

.—In pro-

viding notice under this subsection for a purpose described

in subsection (c), the Secretary of Defense shall coordinate

with the Secretary of State.

‘‘(i) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘appropriate committees of Congress’ means—

‘‘(A) the Committee on Armed Services, the Committee

on Appropriations, and the Committee on Foreign Affairs

of the House of Representatives; and

‘‘(B) the Committee on Armed Services, the Committee

on Appropriations, and the Committee on Foreign Relations

of the Senate.

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130 STAT. 2385 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) The term ‘Indian tribe’ means a Federally recognized

Indian tribe.

‘‘(3) The term ‘small scale construction’ means construction

at a cost not to exceed $750,000 for any project.

‘‘(4) The term ‘tribal government’ means the governing

body of an Indian tribe, the status of whose land is ‘Indian

country’ as defined in section 1151 of title 18 or held in trust

by the United States for the benefit of the Indian tribe.

‘‘(5) The term ‘tribal law enforcement agency’ means the

law enforcement agency of a tribal government.

‘‘(6) The term ‘transnational organized crime’ means self-

perpetuating associations of individuals who operate

transnationally for the purpose of obtaining power, influence,

monetary, or commercial gains, wholly or in part by illegal

means, while protecting their activities through a pattern of

corruption or violence or through a transnational organization

structure and the exploitation of transnational commerce or

communication mechanisms.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 18 of such title is amended by adding

at the end the following new item:

‘‘384. Support for counterdrug activities and activities to counter transnational orga-

nized crime.’’.

(b) R

EPEAL OF

UPERSEDED

UTHORITY

.—Section 1004 of the

National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C.

374 note) is repealed.

SEC. 1012. SECRETARY OF DEFENSE REVIEW OF CURRICULA AND PRO-

GRAM STRUCTURES OF NATIONAL GUARD

COUNTERDRUG SCHOOLS.

(a) I

ENERAL

.—Section 901 of the Office of National Drug

Control Policy Reauthorization Act of 2006 (Public Law 109–469;

32 U.S.C. 112 note) is amended—

(1) by redesignating subsections (e) through (g) as sub-

sections (f) through (h), respectively; and

(2) by inserting after subsection (d) the following new sub-

section (e):

‘‘(e) C

URRICULUM

EVIEW

.—The Secretary of Defense shall

review the curriculum and program structure of each school estab-

lished under this section.’’.

(b) T

ECHNICAL

MENDMENT

.—Subsection (d)(1) of such section

is amended by striking ‘‘section 112(b) of that title 32’’ and inserting

‘‘section 112(b) of title 32’’.

SEC. 1013. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED

COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN

COLOMBIA.

Section 1021 of the Ronald W. Reagan National Defense

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118

Stat. 2042), as most recently amended by section 1011 of the

National Defense Authorization Act for Fiscal Year 2016 (Public

Law 114–92; 129 Stat. 962), is further amended—

(1) in subsection (a)(1), by striking ‘‘2017’’ and inserting

‘‘2019’’; and

(2) in subsection (c), by striking ‘‘2017’’ and inserting

‘‘2019’’.

10 USC 371 prec.

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130 STAT. 2386 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1014. ENHANCEMENT OF INFORMATION SHARING AND COORDINA-

TION OF MILITARY TRAINING BETWEEN DEPARTMENT OF

HOMELAND SECURITY AND DEPARTMENT OF DEFENSE.

(a) I

ENERAL

.—The Secretary of Homeland Security shall

ensure that the information needs of the Department of Homeland

Security relating to civilian law enforcement activities in proximity

to the international borders of the United States are identified

and communicated to the Secretary of Defense for the purposes

of the planning and executing of military training by the Depart-

ment of Defense.

(b) F

ORMAL

ECHANISM OF

OTIFICATION

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Homeland Secu-

rity, in coordination with the Secretary of Defense, shall estab-

lish a formal mechanism through which the information needs

of the Department of Homeland Security relating to civilian

law enforcement activities in proximity to the international

borders of the United States are identified and communicated

to the Secretary of Defense for the purposes of the planning

and executing military training by the Department of Defense.

(2) D

ISSEMINATION TO THE ARMED FORCES

.—To the extent

practicable, the Secretary of Defense shall ensure that such

information needs are disseminated to the Armed Forces in

a timely manner so the Armed Forces may take into account

the information needs of civilian law enforcement when plan-

ning and executing training in accordance with section 371

of title 10, United States Code.

(3) C

OORDINATION OF TRAINING

.—To the maximum extent

practicable, the Secretary of Defense shall ensure that the

planning and execution of training described in paragraph (2)

is coordinated with the Department of Homeland Security.

HARING OF

ERTAIN

NFORMATION

.—Not later than 180

days after the date of the enactment of this Act, the Secretary

of Homeland Security and the Secretary of Defense shall jointly

formulate guidance to ensure that the information relevant to

civilian law enforcement matters that is collected by the Armed

Forces during the normal course of military training or operations

in proximity to the international borders of the United States

is provided promptly to relevant officials in accordance with section

371 of title 10, United States Code.

(d) A

NNUAL

EPORTS

.—

(1) D

EPARTMENT OF DEFENSE REPORT

.—

(A) I

N GENERAL

.—Not later than March 31 of each

year, the Secretary of Defense shall submit to the congres-

sional defense committees, the Committee on Homeland

Security of the House of Representatives, and the Com-

mittee on Homeland Security and Governmental Affairs

of the Senate a report on any assistance provided by the

Department of Defense to the border security mission of

the Department of Homeland Security at the international

borders of the United States during the fiscal year pre-

ceding the fiscal year during which the report is submitted.

(B) E

LEMENTS

.—Each report submitted under subpara-

graph (A) shall include each of the following:

(i) A description of the military training and oper-

ational activities of each military component leveraged,

pursuant to section 371 of title 10, United States Code,

10 USC 271 note.

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130 STAT. 2387 PUBLIC LAW 114–328—DEC. 23, 2016

to support the border security mission of the Depart-

ment of Homeland Security at the southern border

of the United States.

(ii) For each activity described in clause (i), each

of the following, identified by component:

(I) The Department of Homeland Security

information need that was supported.

(II) The military training or operational

activity leveraged to provide support.

(III) The duration of the support.

(IV) The cost of the support.

(iii) A description of any Department of Defense

activities provided in response to a request for assist-

ance from the Department of Homeland Security.

(iv) For each activity described in clause (iii)—

(I) The stated rationale of the Department

of Homeland Security for requesting assistance

from the Department of Defense.

(II) The capability provided by the Department

of Defense.

(III) The duration of the assistance provided

by the capability.

(IV) The statutory authority under which the

assistance was provided.

(V) The cost of the assistance provided.

(VI) Whether the Department of Defense was

reimbursed by the Department of Homeland Secu-

rity for the assistance provided.

(VII) In the case of assistance for which the

Department of Defense was not reimbursed, the

justification for non-reimbursement.

(v) A description of any Department of Defense

excess property provided to U. S. Customs and Border

Protection.

(vi) The status of the implementation of this sec-

tion.

(vii) A description of any other activity the Sec-

retary of Defense determines relevant.

(2) D

EPARTMENT OF HOMELAND SECURITY REPORT

.—Not

later than March 31 of each year, the Secretary of Homeland

Security shall submit to the congressional defense committees,

the Committee on Homeland Security of the House of Rep-

resentatives, and the Committee on Homeland Security and

Governmental Affairs of the Senate a report on—

(A) any activities of the Department of Homeland Secu-

rity to reduce, mitigate, or eliminate the demand for

Department of Defense support at the international borders

of the United States; and

(B) the status of implementation of this section.

(3) T

ERMINATION

.—The requirement to submit a report

under paragraph (1) or (2) shall terminate on January 31,

2020.

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130 STAT. 2388 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle C—Naval Vessels and Shipyards

SEC. 1021. DEFINITION OF SHORT-TERM WORK WITH RESPECT TO

OVERHAUL, REPAIR, OR MAINTENANCE OF NAVAL VES-

SELS.

Section 7299a(c)(4) of title 10, United States Code, is amended

by striking ‘‘six months’’ and inserting ‘‘10 months’’.

SEC. 1022. WARRANTY REQUIREMENTS FOR SHIPBUILDING CON-

TRACTS.

(a) W

ARRANTY

EQUIREMENTS

.—

(1) I

N GENERAL

.—Chapter 633 of title 10, United States

Code, is amended by adding at the end the following new

section:

‘‘§ 7318. Warranty requirements for shipbuilding contracts

‘‘(a) R

EQUIREMENT

.—A contracting officer for a contract for

new construction for which funds are expended from the Ship-

building and Conversion, Navy account shall require, as a condition

of the contract, that the work performed under the contract is

covered by a warranty for a period of at least one year.

‘‘(b) W

AIVER

.—If the contracting officer for a contract covered

by the requirement under subsection (a) determines that a limited

liability of warranted work is in the best interest of the Government,

the contracting officer may agree to limit the liability of the work

performed under the contract to a level that the contracting officer

determines is sufficient to protect the interests of the Government

and in keeping with historical levels of warranted work on similar

vessels.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new item:

‘‘7318. Warranty requirements for shipbuilding contracts.’’.

(b) E

FFECTIVE

ATE

.—Section 7318 of title 10, United States

Code, as added by subsection (a), shall take effect on the later

of the following dates:

(1) The date of the enactment of the National Defense

Authorization for Fiscal Year 2018.

(2) September 30, 2017.

SEC. 1023. NATIONAL SEA-BASED DETERRENCE FUND.

(a) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT OF

RITICAL

OMPONENTS TO

UPPORT

ONTINUOUS

RODUCTION OF THE

OMMON

ISSILE

OMPARTMENT

.—Section 2218a of title 10, United

States Code, is amended—

(1) by redesignating subsections (i) and (j) as subsections

(j) and (k), respectively; and

(2) by inserting after subsection (h) the following new sub-

section (i):

‘‘(i) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT OF

RITICAL

OMPONENTS TO

UPPORT

ONTINUOUS

RODUCTION OF THE

OMMON

ISSILE

OMPARTMENT

.—(1) To implement the continuous

production of the common missile compartment, the Secretary of

the Navy may use funds deposited in the Fund, in conjunction

with funds appropriated for the procurement of other nuclear-pow-

ered vessels, to enter into one or more multiyear contracts (including

10 USC 7318

note.

10 USC 7291

prec.

10 USC 7318.

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130 STAT. 2389 PUBLIC LAW 114–328—DEC. 23, 2016

economic ordering quantity contracts), for the procurement of crit-

ical contractor-furnished and Government-furnished components for

the common missile compartments of national sea-based deterrence

vessels. The authority under this subsection extends to the procure-

ment of equivalent critical parts, components, systems, and sub-

systems common with and required for other nuclear-powered ves-

sels.

‘‘(2) In each annual budget request submitted to Congress,

the Secretary shall clearly identify funds requested for the common

missile compartment and the individual ships and programs for

which such funds are requested.

‘‘(3) Any contract entered into pursuant to paragraph (1) shall

provide that any obligation of the United States to make a payment

under the contract is subject to the availability of appropriations

for that purpose and that the total liability to the Government

for the termination of the contract shall be limited to the total

amount of funding obligated for the contract as of the date of

the termination.’’.

(b) D

EFINITION OF

ATIONAL

BASED

ETERRENCE

ESSEL

.—

Subsection (k)(2) of such section, as redesignated by subsection

(b), is amended—

(1) by striking ‘‘any vessel’’ and inserting ‘‘any submersible

vessel constructed or purchased after fiscal year 2016 that

is’’; and

(2) by inserting ‘‘and’’ before ‘‘that carries’’.

SEC. 1024. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVA-

TION OF TICONDEROGA-CLASS CRUISERS OR DOCK

LANDING SHIPS.

None of the funds authorized to be appropriated by this Act

or otherwise made available for the Department of Defense for

fiscal year 2017 may be obligated or expended—

(1) to retire, prepare to retire, or inactivate a cruiser or

dock landing ship; or

(2) to place more than six cruisers and one dock landing

ship in the modernization program under section 1026(a)(2)

of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National

Defense Authorization Act for Fiscal Year 2015 (Public Law

113–291; 128 Stat. 3490).

Subtitle D—Counterterrorism

SEC. 1031. FREQUENCY OF COUNTERTERRORISM OPERATIONS

BRIEFINGS.

(a) I

ENERAL

.—Subsection (a) of section 485 of title 10,

United States Code is amended by striking ‘‘quarterly’’ and inserting

‘‘monthly’’.

(b) S

ECTION

EADING

.—The section heading for such section

is amended by striking ‘‘Quarterly’’ and inserting ‘‘Monthly’’.

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 23 of such title is amended by striking the item

relating to section 485 and inserting the following new item:

‘‘485. Monthly counterterrorism operations briefings.’’.

10 USC 480 prec.

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130 STAT. 2390 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1032. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR

RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES

NAVAL STATION, GUANTANAMO BAY, CUB, TO THE UNITED

STATES.

No amounts authorized to be appropriated or otherwise made

available for the Department of Defense may be used during the

period beginning on the date of the enactment of this Act and

ending on December 31, 2017, to transfer, release, or assist in

the transfer or release to or within the United States, its territories,

or possessions of Khalid Sheikh Mohammed or any other detainee

who—

(1) is not a United States citizen or a member of the

Armed Forces of the United States; and

(2) is or was held on or after January 20, 2009, at United

States Naval Station, Guantanamo Bay, Cuba, by the Depart-

ment of Defense.

SEC. 1033. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY

FACILITIES IN THE UNITED STATES TO HOUSE

DETAINEES TRANSFERRED FROM UNITED STATES NAVAL

STATION, GUANTANAMO BAY, CUBA.

(a) I

ENERAL

.—No amounts authorized to be appropriated

or otherwise made available to the Department of Defense may

be used during the period beginning on the date of the enactment

of this Act and ending on December 31, 2017, to construct or

modify any facility in the United States, its territories, or posses-

sions to house any individual detained at Guantanamo for the

purposes of detention or imprisonment in the custody or under

the control of the Department of Defense unless authorized by

Congress.

(b) E

XCEPTION

.—The prohibition in subsection (a) shall not

apply to any modification of facilities at United States Naval Sta-

tion, Guantanamo Bay, Cuba.

NDIVIDUAL

ETAINED AT

UANTANAMO

EFINED

.—In this

section, the term ‘‘individual detained at Guantanamo’’ has the

meaning given that term in section 1034(f)(2) of the National

Defense Authorization Act for Fiscal Year 2016 (Public Law 114–

92; 129 Stat. 971; 10 U.S. C. 801 note).

SEC. 1034. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR

RELEASE TO CERTAIN COUNTRIES OF INDIVIDUALS

DETAINED AT UNITED STATES NAVAL STATION, GUANTA-

NAMO BAY, CUBA.

No amounts authorized to be appropriated or otherwise made

available for the Department of Defense may be used during the

period beginning on the date of the enactment of this Act and

ending on December 31, 2017, to transfer, release, or assist in

the transfer or release of any individual detained in the custody

or under the control of the Department of Defense at United States

Naval Station, Guantanamo Bay, Cuba, to the custody or control

of any country, or any entity within such country, as follows:

(1) Libya.

(2) Somalia.

(3) Syria.

(4) Yemen.

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130 STAT. 2391 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1035. PROHIBITION ON USE OF FUNDS FOR REALIGNMENT OF

FORCES AT OR CLOSURE OF UNITED STATES NAVAL STA-

TION, GUANTANAMO BAY, CUBA.

No amounts authorized to be appropriated or otherwise made

available for the Department of Defense for fiscal year 2017 may

be used—

(1) to close or abandon United States Naval Station,

Guantanamo Bay, Cuba;

(2) to relinquish control of Guantanamo Bay to the Republic

of Cuba; or

(3) to implement a material modification to the Treaty

Between the United States of America and Cuba signed at

Washington, D.C. on May 29, 1934, that constructively closes

United States Naval Station, Guantanamo Bay.

SEC. 1036. CONGRESSIONAL NOTIFICATION REQUIREMENTS FOR SEN-

SITIVE MILITARY OPERATIONS.

(a) T

IMING OF

OTIFICATIONS

.—Subsection (a) of section 130f

of title 10, United States Code, is amended in the first sentence,

by inserting ‘‘no later than 48 hours’’ before ‘‘following such oper-

ation’’.

(b) P

ROCEDURES

.—Subsection (b) of such section is amended—

(1) In paragraph (1), by adding at the end the following

new sentence: ‘‘The Secretary shall promptly notify the congres-

sional defense committees in writing of any changes to such

procedures at least 14 days prior to the adoption of any such

changes’’; and

(2) by adding at the end the following new paragraph:

‘‘(3) In the event of an unauthorized disclosure of a sensitive

military operation covered by this section, the Secretary shall

ensure, to the maximum extent practicable, that the congressional

defense committees are notified immediately of the sensitive mili-

tary operation concerned. The notification under this paragraph

may be verbal or written, but in the event of a verbal notification

a written notification shall be provided by not later than 48 hours

after the provision of the verbal notification.’’.

RIEFING

EQUIREMENTS

.—Such section is further

amended—

(1) in subsection (a), by striking the second sentence; and

(2) in subsection (c), by inserting before the period at the

end the following: ‘‘, including Department of Defense support

to such operations conducted under the National Security Act

of 1947 (50 U.S.C. 3001 et seq.)’’.

(d) D

EFINITION OF

ENSITIVE

ILITARY

PERATION

.—Subsection

(d) of such section is amended by striking ‘‘means’’ and all that

follows and inserting ‘‘means the following:’’

‘‘(1) A lethal operation or capture operation—

‘‘(A) conducted by the armed forces outside a declared

theater of active armed conflict; or

‘‘(B) conducted by a foreign partner in coordination

with the armed forces that targets a specific individual

or individuals.

‘‘(2) An operation conducted by the armed forces outside

a declared theater of active armed conflict in self-defense or

in defense of foreign partners, including during a cooperative

operation.’’.

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130 STAT. 2392 PUBLIC LAW 114–328—DEC. 23, 2016

(e) R

EPEAL OF

XCEPTION TO

OTIFICATION

EQUIREMENT

.—

Such section is further amended—

(1) by striking subsection (e); and

(2) by redesignating subsection (f) as subsection (e).

(f) C

ONFORMING

MENDMENTS

.—

(1) S

ECTION HEADING AMENDMENT

.—The heading of such

section is amended to read as follows:

‘‘§ 130f. Notification requirements for sensitive military oper-

ations’’.

(2) T

ABLE OF SECTIONS AMENDMENT

.—The table of sections

at the beginning of chapter 3 of such title is amended by

striking the item relating to section 130f and inserting the

following new item:

‘‘130f. Notification requirements for sensitive military operations.’’.

Subtitle E—Miscellaneous Authorities and

Limitations

SEC. 1041. EXPANDED AUTHORITY FOR TRANSPORTATION BY THE

DEPARTMENT OF DEFENSE OF NON-DEPARTMENT OF

DEFENSE PERSONNEL AND CARGO.

(a) T

RANSPORTATION OF

LLIED AND

IVILIAN

ERSONNEL AND

ARGO

.—Subsection (c) of section 2649 of title 10, United States

Code, is amended—

(1) in the subsection heading, by striking ‘‘P

ERSONNEL

’’

and inserting ‘‘

AND

IVILIAN

ERSONNEL AND

ARGO

’’;

(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) C

OMMERCIAL

NSURANCE

.—Such section is further amended

by adding at the end the following new subsection:

‘‘(d) C

OMMERCIAL

NSURANCE

.—The Secretary may enter into

a contract or other arrangement with one or more commercial

providers to make insurance products available to non-Department

of Defense shippers using the Defense Transportation System to

insure against the loss or damage of the shipper’s cargo. Any

such contract or arrangement shall provide that—

‘‘(1) any insurance premium is collected by the commercial

provider;

‘‘(2) any claim for loss or damage is processed and paid

by the commercial provider;

‘‘(3) the commercial provider agrees to hold the United

States harmless and waive any recourse against the United

States for amounts paid to an insured as a result of a claim;

and

‘‘(4) the contract between the commercial provider and the

insured shall contain a provision whereby the insured waives

any claim against the United States for loss or damage that

is within the scope of enumerated risks covered by the insur-

ance product.’’.

ONFORMING

ROSS

REFERENCE

MENDMENTS

.—Subsection

(b) of such section is amended by striking ‘‘this section’’ both places

it appears and inserting ‘‘subsection (a)’’.

10 USC 121 prec.

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130 STAT. 2393 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1042. REDUCTION IN MINIMUM NUMBER OF NAVY CARRIER AIR

WINGS AND CARRIER AIR WING HEADQUARTERS

REQUIRED TO BE MAINTAINED.

(a) C

ODIFICATION AND

EDUCTION

.—Section 5062 of title 10,

United States Code, is amended by adding at the end the following

new subsection:

‘‘(e) The Secretary of the Navy shall ensure that—

‘‘(1) the Navy maintains a minimum of 9 carrier air wings

until the earlier of—

‘‘(A) the date on which additional operationally

deployable aircraft carriers can fully support a 10th carrier

air wing; or

‘‘(B) October 1, 2025;

‘‘(2) after the earlier of the two dates referred to in subpara-

graphs (A) and (B) of paragraph (1), the Navy maintains a

minimum of 10 carrier air wings; and

‘‘(3) for each such carrier air wing, the Navy maintains

a dedicated and fully staffed headquarters.’’.

(b) R

EPEAL OF

UPERSEDED

EQUIREMENT

.—Section 1093 of

the National Defense Authorization Act for Fiscal Year 2012 (Public

Law 112–81; 125 Stat. 1606; 10 U.S.C. 5062 note) is repealed.

SEC. 1043. MODIFICATION TO SUPPORT FOR NON-FEDERAL DEVELOP-

MENT AND TESTING OF MATERIAL FOR CHEMICAL AGENT

DEFENSE.

Section 1034 of the National Defense Authorization Act for

Fiscal Year 2008 (Public Law 110–181) is amended—

(1) in subsection (d)—

(A) by striking ‘‘report on the use of the authority

under subsection (a)’’ and all that follows and inserting

‘‘report that includes—’’

‘‘(A) a description of—

‘‘(i) each use of the authority under subsection

(a); and

‘‘(ii) for each such use, the specific material made

available and to whom it was made available; and

‘‘(B) a description of—

‘‘(i) any instance in which the Department of

Defense made available to a State, a unit of local

government, or a private entity any biological select

agent or toxin for the development or testing of any

biodefense technology; and

‘‘(ii) for each such instance, the specific material

made available and to whom it was made available.’’;

and

(B) by adding at the end the following new paragraph:

‘‘(3) The requirement to submit a report under paragraph

(1) shall terminate on January 31, 2021.’’; and

(2) in subsection (e), by striking ‘‘this section’’ and all

that follows and inserting ‘‘this section:’’

‘‘(1) The terms ‘precursor’, ‘protective purposes’, and ‘toxic

chemical’ have the meanings given those terms in the conven-

tion referred to in subsection (c), in paragraph 2, paragraph

9(b), and paragraph 1, respectively, of article II of that conven-

tion.

‘‘(2) The term ‘biological select agent or toxin’ means any

agent or toxin identified under any of the following:

10 USC 372 note.

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130 STAT. 2394 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) Section 331.3 of title 7, Code of Federal Regula-

tions.

‘‘(B) Section 121.3 or section 121.4 of title 9, Code

of Federal Regulations.

‘‘(C) Section 73.3 or section 73.4 of title 42, Code of

Federal Regulations.’’.

SEC. 1044. PROTECTION OF CERTAIN FEDERAL SPECTRUM OPER-

ATIONS.

Section 1004 of the Bipartisan Budget Act of 2015 (Public

Law 114–74; 47 U.S.C. 921 note) is amended by adding at the

end the following:

‘‘(d) P

ROTECTION OF

ERTAIN

EDERAL

PECTRUM

PER

ATIONS

.—If the report required by subsection (a) determines that

reallocation and auction of the spectrum described in the report

would harm national security by impacting existing terrestrial Fed-

eral spectrum operations at the Nevada Test and Training Range,

the Commission, in coordination with the Secretary shall, prior

to the auction described in subsection (c)(1)(B), establish rules for

licensees in such spectrum sufficient to mitigate harmful inter-

ference to such operations.

‘‘(e) R

ULE OF

ONSTRUCTION

.—Nothing in this section shall

be construed to affect any requirement under section 1062(b) of

the National Defense Authorization Act for Fiscal Year 2000 (47

U.S.C. 921 note; Public Law 106–65).’’.

SEC. 1045. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF

LEGACY MARITIME MINE COUNTERMEASURES PLAT-

FORMS.

(a) P

ROHIBITIONS

.—Except as provided under subsection (b),

none of the funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2017 for the Navy may

be obligated or expended to—

(1) retire, prepare to retire, transfer, or place in storage

any AVENGER-class mine countermeasures ship or associated

equipment;

(2) retire, prepare to retire, transfer, or place in storage

any SEA DRAGON (MH–53) helicopter or associated equip-

ment;

(3) make any reductions to manning levels with respect

to any AVENGER-class mine countermeasures ship; or

(4) make any reductions to manning levels with respect

to any SEA DRAGON (MH–53) helicopter squadron or detach-

ment.

(b) W

AIVER

.—The Secretary of the Navy may waive the limita-

tions under subsection (a) if the Secretary certifies to the congres-

sional defense committees that the Secretary has—

(1) identified a replacement capability and the necessary

quantity of such systems to meet all combatant commander

mine countermeasures operational requirements that are cur-

rently being met by the AVENGER-class ships and SEA

DRAGON helicopters to be retired, transferred, or placed in

storage;

(2) achieved initial operational capability of all systems

described in paragraph (1); and

(3) deployed a sufficient quantity of systems described in

paragraph (1) that have achieved initial operational capability

to continue to meet or exceed all combatant commander mine

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130 STAT. 2395 PUBLIC LAW 114–328—DEC. 23, 2016

countermeasures operational requirements currently being met

by the AVENGER-class ships and SEA DRAGON helicopters.

SEC. 1046. EXTENSION OF AUTHORITY OF SECRETARY OF TRANSPOR-

TATION TO ISSUE NON-PREMIUM AVIATION INSURANCE.

Section 44310(b) of title 49, United States Code, is amended

by striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’.

SEC. 1047. EVALUATION OF NAVY ALTERNATE COMBINATION COVER

AND UNISEX COMBINATION COVER.

(a) M

ANDATORY

OSSESSION OR

EAR

ATE

.—The Secretary

of the Navy shall change the mandatory possession or wear date

of the alternate combination cover or the unisex combination cover

from October 31, 2016, to October 31, 2018.

(b) E

VALUATION AND

EPORT

.—Not later than February 1, 2017,

the Secretary of the Navy shall submit to the Committees on

Armed Services of the Senate and House of Representatives a

report on the evaluation of the Navy female service dress uniforms

based on surveying a representative group of female officer and

enlisted service members. Such evaluation shall include each of

the following:

(1) An identification of the operational need addressed by

the alternate combination cover or the unisex combination

cover.

(2) An assessment of the individual cost of service dress

uniform items to members of the Armed Forces as a percentage

of their monthly pay.

(3) The composition of each uniform item’s wear test group.

(4) An identification of the costs to the Navy and to indi-

vidual members of the Armed Forces for uniform changes

identified in the Navy administrative message 236/15 dated

October 9, 2015.

(5) The opinions of a representative group of female officer

and enlisted service members of the Navy active and reserve

components.

(6) Any other rationale the Secretary determines appro-

priate.

SEC. 1048. INDEPENDENT EVALUATION OF DEPARTMENT OF DEFENSE

EXCESS PROPERTY PROGRAM.

(a) I

ENERAL

.—The Secretary of Defense shall enter into

an agreement with a federally funded research and development

center, or another appropriate independent entity, with relevant

expertise to conduct an evaluation of the Department of Defense

excess property program under section 2576a of title 10, United

States Code. Not later than 180 days after the date of the enactment

of this Act, the Secretary shall submit such evaluation to the

congressional defense committees.

(b) E

LEMENTS OF

VALUATION

.—The evaluation required under

paragraph (1) shall include each of the following:

(1) A review of the current listing of ‘‘authorized’’, ‘‘con-

trolled’’, and ‘‘prohibited’’ items as defined by Executive Order

13688 and by Department of Defense policy, guidance, and

instruction, as well as why each item is currently assigned

to each category.

(2) A review of the preferences and any associated

prioritization provided to Federal, State, and local law enforce-

ment agency requests for excess equipment to be used in border

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130 STAT. 2396 PUBLIC LAW 114–328—DEC. 23, 2016

security, counterdrug, and counterterrorism activities, pursuant

to section 2576a(a)(1)(A) of title 10 United States Code,

including the overall numbers and percentages of equipment

provided and used under these preferential categories.

(3) Whether the Department of Defense has bought a type

of equipment and declared as excess the same type of equipment

during the same year, and if so, how much such equipment.

(4) The type of information being collected by State

coordinators and the Defense Logistics Agency when a request

for equipment is made, and whether or not that information

is sufficient to demonstrate a need for the equipment requested

by the law enforcement agency making the request.

(5) The extent to which State coordinators and the Defense

Logistics Agency deny requests for equipment and the reasons

for such denials.

(6) The extent to which law enforcement agencies have

been suspended from participating in the program and the

reasons for such suspensions.

(7) Any other matters the Secretary determines appro-

priate.

SEC. 1049. WAIVER OF CERTAIN POLYGRAPH EXAMINATION REQUIRE-

MENTS.

The Secretary of Homeland Security, acting through the

Commissioner of U.S. Customs and Border Protection, may waive

the polygraph examination requirement under section 3 of the

Anti-Border Corruption Act of 2010 (Public Law 111–376) for any

applicant who—

(1) the Commissioner determines is suitable for employ-

ment;

(2) holds a current, active Top Secret clearance and is

able to access sensitive compartmented information;

(3) has a current single scope background investigation;

(4) was not granted any waivers to obtain the clearance;

and

(5) is a veteran (as such term is defined in section 2108

or 2109a of title 5, United States Code).

SEC. 1050. USE OF TRANSPORTATION WORKER IDENTIFICATION

CREDENTIAL TO GAIN ACCESS AT DEPARTMENT OF

DEFENSE INSTALLATIONS.

(a) A

CCESS TO

NSTALLATIONS FOR

REDENTIALED

RANSPOR

TATION

ORKERS

.—During the period that the Secretary is devel-

oping and fielding physical access standards, capabilities, processes,

and electronic access control systems, the Secretary shall, to the

maximum extent practicable, ensure that the Transportation

Worker Identification Credential (TWIC) shall be accepted as a

valid credential for unescorted access to Department of Defense

installations by transportation workers.

(b) C

REDENTIALED

RANSPORTATION

ORKERS

ITH

ECRET

LEARANCE

.—TWIC-carrying transportation workers who also have

a current Secret Level Clearance issued by the Department of

Defense shall be considered exempt from further vetting when

seeking unescorted access at Department of Defense facilities.

Access security personnel shall verify such person’s security clear-

ance in a timely manner and provide them with unescorted access

to complete their freight service.

10 USC 113 note.

6 USC 221 note.

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130 STAT. 2397 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1051. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUC-

TION OF CERTAIN LANDMINES AND BRIEFING ON

DEVELOPMENT OF REPLACEMENT ANTI-PERSONNEL

LANDMINE MUNITIONS.

(a) L

IMITATION

.—Except as provided in subsection (b), none

of the funds authorized to be appropriated by this Act or otherwise

made available for fiscal year 2017 for the Department of Defense

may be obligated or expended for the destruction of anti-personnel

landmine munitions before the date on which the Secretary of

Defense submits the report required by section 1058(c) of the

National Defense Authorization Act for Fiscal Year 2016 (Public

Law 114–92; 129 Stat. 986).

(b) E

XCEPTION FOR

AFETY

.—Subsection (a) shall not apply

to any anti-personnel landmine munitions that the Secretary deter-

mines are unsafe or could pose a safety risk if not demilitarized

or destroyed.

RIEFING

EQUIRED

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall

provide to the congressional defense committees a briefing on

the current state of research and development into operational

alternatives to anti-personnel landmine munitions.

(2) F

ORM OF BRIEFING

.—The briefing required by paragraph

(1) may contain classified information.

(d) A

NTI

PERSONNEL

ANDMINE

UNITIONS

EFINED

.—In this

section, the term ‘‘anti-personnel landmine munitions’’ includes anti-

personnel landmines and sub-munitions as defined by the Conven-

tion on the Prohibition of the Use, Stockpiling, Production and

Transfer of Anti-Personnel Mines and on their Destruction, as deter-

mined by the Secretary.

SEC. 1052. TRANSITION OF AIR FORCE TO OPERATION OF REMOTELY

PILOTED AIRCRAFT BY ENLISTED PERSONNEL.

(a) T

RANSITION

EQUIRED

.—The Secretary of the Air Force

shall transition the Air Force to an organizational model for all

Air Force remotely piloted aircraft that uses a significant number

of enlisted personnel as operators of such aircraft rather than

officers only.

(b) D

EADLINES

.—

(1) R

EGULAR COMPONENT

.—For the regular component of

the Air Force, the transition required by subsection (a) shall

be completed not later than September 30, 2020.

(2) R

ESERVE COMPONENTS

.—For the Air Force Reserve and

Air National Guard, the transition required by subsection (a)

shall be completed not later than September 30, 2023.

RANSITION

ATTERS

.—The transition required by sub-

section (a) shall account for the following:

(1) Training infrastructure for enlisted personnel operating

Air Force remotely piloted aircraft.

(2) Supervisory roles for officers and senior enlisted per-

sonnel for enlisted personnel operating Air Force remotely

piloted aircraft.

(d) R

EPORTS

.—

(1) I

NITIAL REPORT

.—Not later than March 1, 2017, the

Secretary of the Air Force shall submit to the Committees

on Armed Services of the Senate and the House of Representa-

tives a report that sets forth a detailed description of the

10 USC 8062

note.

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130 STAT. 2398 PUBLIC LAW 114–328—DEC. 23, 2016

plan for the transition required by subsection (a), including

the following:

(A) The objectives of the transition.

(B) The timeline of the transition.

(D) Recommendations for any legislation action

required to implement the transition.

(E) The assumptions used to complete the transition.

(F) Risks associated with implementing the transition.

(2) R

EPORTS ON PROGRESS OF IMPLEMENTATION

.—Not later

than March 1, 2018, and each March 1 thereafter until the

transition required by subsection (a) is completed, the Secretary

shall submit to the committees referred to in paragraph (1)

a report on the progress of the Air Force in implementing

the plan required under that paragraph and in achieving the

transition required by subsection (a).

SEC. 1053. PROHIBITION ON DIVESTMENT OF MARINE CORPS SEARCH

AND RESCUE UNITS.

None of the amounts authorized to be appropriated by this

Act or otherwise made available for fiscal year 2017 for the Navy

or the Marine Corps may be obligated or expended—

(1) to retire, prepare to retire, transfer, or place in storage

any Marine Corps Search and Rescue Unit (SRU) aircraft;

(2) to make any change or revision to manning levels

with respect to any Marine Corps Search and Rescue Unit

squadron.

SEC. 1054. SUPPORT FOR THE ASSOCIATE DIRECTOR OF THE CENTRAL

INTELLIGENCE AGENCY FOR MILITARY AFFAIRS.

(a) S

ELECTION OF

SSOCIATE

IRECTOR

.—The Associate Director

of the Central Intelligence Agency for Military Affairs shall be

selected by the Secretary of Defense, with the concurrence of the

Director of the Central Intelligence Agency, from among commis-

sioned officers of the Armed Forces who are general or flag officers.

(b) S

UPPORT FOR

CTIVITIES

.—

(1) I

N GENERAL

.—In order to improve the provision of sup-

port to, and the receipt of support from, the Central Intelligence

Agency, and to improve deconfliction of the activities of the

Central Intelligence Agency and the Department of Defense,

the Secretary of Defense and the Under Secretary of Defense

for Intelligence shall ensure that the Associate Director of

the Central Intelligence Agency for Military Affairs has access

to, and support from, offices, agencies, and programs of the

Department necessary for the purposes of the Associate Director

as follows:

(A) To facilitate and coordinate Department of Defense

support for the Central Intelligence Agency requested by

the Director of the Central Intelligence Agency and

approved by the Secretary, including oversight of Depart-

ment of Defense military and civilian personnel detailed

or assigned to the Central Intelligence Agency.

(B) To prioritize, communicate, and coordinate Depart-

ment of Defense requests for, and the provision of support

to, the Department of Defense from the Central Intelligence

Agency, including support requested by and provided to

50 USC 3524.

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130 STAT. 2399 PUBLIC LAW 114–328—DEC. 23, 2016

the commanders of the combatant commands and subordi-

nate task forces and commands.

(2) P

OLICIES

.—The Under Secretary shall develop and

supervise the implementation of policies to integrate and

communicate Department of Defense requirements and

requests for support from the Central Intelligence Agency that

are coordinated by the Associate Director pursuant to para-

graph (1)(B).

SEC. 1055. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE

SUPPORT.

(a) L

IMITATION

.—The Secretary of Defense may provide defense

sensitive support to a non-Department of Defense Federal depart-

ment or agency only after the Secretary has determined that such

support—

(1) is consistent with the mission and functions of the

Department of Defense; and

(2) does—

(A) not significantly interfere with the mission or func-

tions of the Department; or

(B) interfere with the mission and functions of the

Department of Defense but such support is in the national

security interest of the United States.

(b) N

OTICE

EQUIRED

.—

(1) I

N GENERAL

.—Except as provided in paragraph (3),

before providing defense sensitive support to a non-Department

of Defense Federal department or agency, the Secretary of

Defense shall notify the congressional defense committees, and,

when the part of the Department of Defense providing the

sensitive support is a member of the intelligence community,

the congressional intelligence committees of the Secretary’s

intent to provide such support.

(2) C

ONTENTS

.—Notice provided under paragraph (1) shall

include the following:

(A) A description of the support to be provided.

(B) A description of how the support is consistent with

the mission and functions of the Department.

(i) does not significantly interfere with the mission

or functions of the Department; or

(ii) significantly interferes with the mission or

functions of the Department but is in the national

security interest of the United States.

(3) T

IME SENSITIVE SUPPORT

.—In the event that the provi-

sion of defense sensitive support is time-sensitive, the Sec-

retary—

(A) may provide notification under paragraph (1) after

providing the support; and

(B) shall provide such notice as soon as practicable

after providing such support, but not later than 48 hours

after providing the support.

EFENSE

ENSITIVE

UPPORT

EFINED

.—In this section, the

term ‘‘defense sensitive support’’ means support provided by the

Department of Defense to a non-Department of Defense Federal

department or agency that requires special protection from disclo-

sure.

10 USC 113 note.

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130 STAT. 2400 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1056. PROHIBITION ON ENFORCEMENT OF MILITARY COMMIS-

SION RULINGS PREVENTING MEMBERS OF THE ARMED

FORCES FROM CARRYING OUT OTHERWISE LAWFUL

DUTIES BASED ON MEMBER SEX.

(a) P

ROHIBITION

.—No order, ruling, finding, or other determina-

tion of a military commission may be construed or implemented

to prohibit or restrict a member of the Armed Forces from carrying

out duties otherwise lawfully assigned to such member to the extent

that the basis for such prohibition or restriction is the sex of

such member.

(b) A

PPLICABILITY TO

RIOR

RDERS

ETC

..—The prohibition

or restriction described in subsection (a) shall, upon motion, apply

to any order, ruling, finding, or other determination described in

that subsection that was issued before the date of the enactment

of this Act in a military commission and is still effective as of

the date of such motion.

ILITARY

OMMISSION

EFINED

.—In this section, the term

‘‘military commission’’ means a military commission established

under chapter 47A of title 10, United States Code, and any military

commission otherwise established or convened by law.

Subtitle F—Studies and Reports

SEC. 1061. TEMPORARY CONTINUATION OF CERTAIN DEPARTMENT OF

DEFENSE REPORTING REQUIREMENTS.

(a) E

XCEPTIONS TO

EPORTS

ERMINATION

ROVISION

.—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) F

INAL

ERMINATION

ATE FOR

UBMITTAL OF

XEMPTED

EPORTS

.—

(1) I

N GENERAL

.—Except as provided in paragraph (2), each

report required pursuant to a provision of law specified in

this section that is still required to be submitted to Congress

as of December 31, 2021, shall no longer be required to be

submitted to Congress after that date.

(2) R

EPORTS EXEMPTED FROM TERMINATION

.—The termi-

nation dates specified in paragraph (1) and section 1080 of

the National Defense Authorization Act for Fiscal Year 2016

do not apply to the following:

(A) The submission of the reports on the National

Military Strategy and Risk Assessment under section

153(b)(3) of title 10, United States Code.

(B) The submission of the future-years defense program

(including associated annexes) under section 221 of title

10, United States Code.

for the military programs of the Department of Defense

under section 221 of such title.

10 USC 111 note.

10 USC 948a

note.

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130 STAT. 2401 PUBLIC LAW 114–328—DEC. 23, 2016

(D) The submission of audits of contracting compliance

by the Inspector General of the Department of Defense

under section 1601(b) of the National Defense Authoriza-

tion Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C.

2533a note).

EPORTS

EQUIRED BY

ITLE

10, U

NITED

TATES

ODE

.—

Subject to subsection (b), subsection (a) applies to reporting require-

ments contained in the following sections of title 10, United States

Code:

(1) Section 113(i).

(2) Section 117(e).

(3) 118a(d).

(4) Section 119(a) and (b).

(5) Section 127b(f).

(6) Section 139(h).

(7) Section 139b(d).

(8) Sections 153(c).

(9) Section 171a(e) and (g)(2).

(10) Section 179(f).

(11) Section 196(d)(1), (d)(4), and (e)(3).

(12) Section 223a(a).

(13) Section 225(c)

(14) Section 229.

(15) Section 231.

(16) Section 231a.

(17) Section 238.

(18) Section 341(f) of title 10, United States Code, as

amended by section 1246 of this Act.

(19) Section 401(d).

(20) Section 407(d).

(21) Section 481a(c).

(22) Section 482(a).

(23) Section 488(c).

(24) Section 494(b).

(25) Section 526(j).

(26) Section 946(c) (Article 146 of the Uniform Code of

Military Justice).

(27) Section 981(c).

(28) Section 1116(d).

(29) Section 1566(c)(3).

(30) Section 1557(e).

(31) Section 1781a(e).

(32) Section 1781c(h).

(33) Section 2011(e).

(34) Section 2166(i).

(35) Section 2218(h).

(36) Section 2228(e).

(37) Section 2229(d).

(38) Section 2229a.

(39) Section 2249c(c).

(40) Section 2275.

(41) Section 2276(e).

(42) Section 2367(d).

(43) Section 2399(g).

(44) Section 2445b.

(45) Section 2464(d).

(46) Section 2466(d).

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130 STAT. 2402 PUBLIC LAW 114–328—DEC. 23, 2016

(47) Section 2504.

(48) Section 2561(c).

(49) Section 2684a(g).

(50) Section 2687a.

(51) Section 2711.

(52) Sections 2884(b) and (c).

(53) Section 2911(a) and (b)(3).

(54) Section 2925.

(55) Section 2926(c)(4).

(56) Section 4361(d)(4)(B).

(57) Section 4721(e).

(58) Section 6980(d)(4)(B).

(59) Section 7310(c).

(60) Section 9361(d)(4)(B).

(61) Section 10216(c).

(62) Section 10541.

(63) Section 10543.

(d) R

EPORTS

EQUIRED BY

ATIONAL

EFENSE

UTHORIZATION

CT FOR

ISCAL

EAR

2015.—Subject to subsection (b), subsection

(a) applies to reporting requirements contained in the following

sections of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National

Defense Authorization Act for Fiscal Year 2015 (Public Law 113–

291):

(1) Section 546(d) (10 U.S.C. 1561 note).

(2) Section 1003 (10 U.S.C. 221 note).

(3) Section 1026(d) (128 Stat. 3490).

(4) Section 1055 (128 Stat. 3498).

(5) Section 1204(b) (10 U.S.C. 2249e note).

(6) Section 1205(e) (128 Stat. 3537).

(7) Section 1206(e) (10 U.S.C. 2282 note).

(8) Section 1211 (128 Stat. 3544).

(9) Section 1225 (128 Stat. 3550).

(10) Section 1235 (128 Stat. 3558).

(11) Section 1245 (128 Stat. 3566).

(12) Section 1253(b) (22 U.S.C. 2151 note).

(13) Section 1275(b) (128 Stat. 3591).

(14) Section 1343 (128 Stat. 3605; 50 U.S.C. 3743).

(15) Section 1650 (128 Stat. 3653).

(16) Section 1662(c)(2) and (d)(2) (128 Stat. 3657; 10 U.S.C.

2431 note).

(17) Section 2821(a)(3) (10 U.S.C. 2687 note).

(e) R

EPORTS

EQUIRED BY

ATIONAL

EFENSE

UTHORIZATION

CT FOR

ISCAL

EAR

2014.—Subject to subsection (b), subsection

(a) applies to reporting requirements contained in the following

sections of the National Defense Authorization Act for Fiscal Year

2014 (Public Law 113–66):

(1) Section 704(e) (10 U.S.C. 1074 note).

(2) Sections 713(f), (g), and (h) (10 U.S.C. 1071 note).

(3) Section 904(d)(2) (10 U.S.C. 111 note).

(4) Section 1205(f)(3) (32 U.S.C. 107 note).

(f) R

EPORTS

EQUIRED BY

ATIONAL

EFENSE

UTHORIZATION

CT FOR

ISCAL

EAR

2013.—Subject to subsection (b), subsection

(a) applies to reporting requirements contained in the following

sections of the National Defense Authorization Act for Fiscal Year

2013 (Public Law 112–239):

(1) Section 524(c)(2) (10 U.S.C. 1222 note).

(2) Section 904(h)(1) and (2) (10 U.S.C. 133 note).

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130 STAT. 2403 PUBLIC LAW 114–328—DEC. 23, 2016

(3) Section 1009 (126 Stat. 1906).

(4) Section 1023 (126 Stat. 1911).

(5) Section 1052(b)(4) (126 Stat. 1936; 49 U.S.C. 40101

note).

(g) R

EPORTS

EQUIRED BY

ATIONAL

EFENSE

UTHORIZATION

CT FOR

ISCAL

EAR

2011.—Subject to subsection (b), subsection

(a) applies to reporting requirements contained in the following

sections of the Ike Skelton National Defense Authorization Act

for Fiscal Year 2011 (Public Law 111–383):

(1) Section 123 (10 U.S.C. 167 note).

(2) Section 1216(c) (124 Stat. 4392).

(3) Section 1217(i) (22 U.S.C. 7513 note).

(4) Section 1631(d) (10 U.S.C. 1561 note).

(h) R

EPORTS

EQUIRED BY

ATIONAL

EFENSE

UTHORIZATION

CT FOR

ISCAL

EAR

2010.—Subject to subsection (b), subsection

(a) applies to reporting requirements contained in the following

sections of the National Defense Authorization Act for Fiscal Year

2010 (Public Law 111–84):

(1) Section 711(d) (10 U.S.C. 1071 note).

(2) Section 1003(b) (10 U.S.C. 2222 note).

(3) Section 1244(d) (22 U.S.C. 1928 note).

(4) Section 1245 (123 Stat. 2542).

(5) Section 1806 (10 U.S.C. 948a note).

(i) R

EPORTS

EQUIRED BY

THER

AWS

.—Subject to subsection

(b), subsection (a) applies to reporting requirements contained in

the following provisions of law:

(1) Sections 1412(i) and (j) of the National Defense

Authorization Act, 1986 (50 U.S.C. 1521), as amended by section

1421 of the Ike Skelton National Defense Authorization Act

for Fiscal Year 2011 (Public Law 111–383).

(2) Section 1703 of the National Defense Authorization

Act for Fiscal Year 1994 (50 U.S.C. 1523).

(3) Section 717(c) of the National Defense Authorization

Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 1073

note).

(4) Section 234 of the National Defense Authorization Act

for Fiscal Year 1998 (50 U.S.C. 2367).

(5) Section 1309(c) of the National Defense Authorization

Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 113

note).

(6) Section 1237(b)(2) of the National Defense Authorization

Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701

note).

(7) Section 1202 of the National Defense Authorization

Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113

note).

(8) Section 232(h)(2) of the National Defense Authorization

Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2431

note).

(9) Section 366(a)(5) and (c)(2) of the Bob Stump National

Defense Authorization Act for Fiscal Year 2003 (Public Law

107–314; 10 U.S.C. 113 note).

(10) Section 1208(f) of the Ronald W. Reagan National

Defense Authorization Act for Fiscal Year 2005 (Public Law

108–375; 118 Stat. 2086).

(11) Section 1208(d) of the National Defense Authorization

Act for 2006 (Public Law 109–163; 119 Stat. 3459).

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130 STAT. 2404 PUBLIC LAW 114–328—DEC. 23, 2016

(12) Section 1405(d) of the National Defense Authorization

Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 801

note).

(13) Section 122(f)(1) of the John Warner National Defense

Authorization Act for Fiscal Year 2007 (Public Law 109–364;

120 Stat. 2104).

(14) Section 721 of the John Warner National Defense

Authorization Act for Fiscal Year 2007 (Public Law 109–364;

120 Stat. 2294).

(15) Section 1017(e) of the John Warner National Defense

Authorization Act for Fiscal Year 2007 (Public Law 109–364;

10 U.S.C. 2631 note).

(16) Section 1517(f) of the John Warner National Defense

Authorization Act for Fiscal Year 2007 (Public Law 109–364;

120 Stat. 2443).

(17) Section 911(f)(2) of the National Defense Authorization

Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2271

note).

(18) Section 1034(d) of the National Defense Authorization

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 309).

(19) Section 1107(d) of the National Defense Authorization

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 358).

(20) Section 1233(f) of the National Defense Authorization

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393).

(21) Section 1234(e) of the National Defense Authorization

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394).

(22) Section 219(c) of the Duncan Hunter National Defense

Authorization Act for Fiscal Year 2009 (Public Law 110–417;

10 U.S.C. 2358 note).

(23) Section 533(i) of the Duncan Hunter National Defense

Authorization Act for Fiscal Year 2010 (Public Law 110–417).

(24) Section 1047(d)(2) of the Duncan Hunter National

Defense Authorization Act for Fiscal Year 2010 (Public Law

110–417; 10 U.S.C. 2366b note).

(25) Section 1201(b)(1) of the National Defense Authoriza-

tion Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat.

1619).

(26) Section 1236 of the National Defense Authorization

Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1641).

(27) Section 103A(b)(3) of the Sikes Act (16 U.S.C. 670c–

1(b)(3)).

(28) Section 1511(h) of the Armed Forces Retirement Home

Act of 1991 (24 U.S.C. 411(h)).

(29) Section 901(f) of the Office of National Drug Control

Policy Reauthorization Act of 2006 (Public Law 109–469; 32

U.S.C. 112 note), as added by section 1008 of the National

Defense Authorization Act for Fiscal Year 2013 (Public Law

112–239).

(30) Section 14 of the Strategic and Critical Materials

Stock Piling Act (50 U.S.C. 98h–5).

(31) Section 105A(b) of the Uniformed and Overseas Citi-

zens Absentee Voting Act (52 U.S.C. 20308(b)), as added by

section 586 of the National Defense Authorization Act for Fiscal

Year 2010 (Public Law 111–84).

(32) Section 112(f) of title 32, United States Code.

(33) Section 310b(i)(2) of title 37, United States Code.

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130 STAT. 2405 PUBLIC LAW 114–328—DEC. 23, 2016

(j) C

ONFORMING

MENDMENT

.—Section 1080(a) of the National

Defense Authorization Act for Fiscal Year 2016 (Public Law 114–

92; 129 Stat. 1000; 10 U.S.C. 111 note) is amended—

(1) by striking ‘‘on the date that is two years after the

date of the enactment of this Act’’ and inserting ‘‘November

25, 2017’’; and

(2) by striking ‘‘effective’’.

(k) R

EPORT TO

ONGRESS

.—Not later than February 1, 2017,

the Secretary of Defense shall submit to the congressional defense

committees a report that includes each of the following:

(1) A list of all reports that are required to be submitted

to Congress as of the date of the enactment of this Act that

will no longer be required to be submitted to Congress as

of November 25, 2017.

(2) For each such report, a citation to the provision of

law under which the report is or was required to be submitted.

SEC. 1062. REPORTS ON PROGRAMS MANAGED UNDER ALTERNATIVE

COMPENSATORY CONTROL MEASURES IN THE DEPART-

MENT OF DEFENSE.

(a) I

ENERAL

.—Chapter 2 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 119a. Programs managed under alternative compensatory

control measures: congressional oversight

‘‘(a) A

NNUAL

EPORT ON

URRENT

ROGRAMS

NDER

AACMS.—

‘‘(1) I

N GENERAL

.—Not later than March 1 each year, the

Secretary of Defense shall submit to the congressional defense

committees a report on the programs being managed under

alternative compensatory control measures in the Department

of Defense.

‘‘(2) E

LEMENTS

.—Each report under paragraph (1) shall

set forth the following:

‘‘(A) The total amount requested for programs being

managed under alternative compensatory control measures

in the Department in the budget of the President under

section 1105 of title 31 for the fiscal year beginning in

the fiscal year in which such report is submitted.

‘‘(B) For each program in that budget that is a program

being managed under alternative compensatory control

measures in the Department—

‘‘(i) a brief description of the program;

‘‘(ii) a brief discussion of the major milestones

established for the program;

‘‘(iii) the actual cost of the program for each fiscal

year during which the program has been conducted

before the fiscal year during which that budget is

submitted; and

‘‘(iv) the estimated total cost of the program and

the estimated cost of the program for—

‘‘(I) the current fiscal year;

‘‘(II) the fiscal year for which that budget is

submitted; and

‘‘(III) each of the four succeeding fiscal years

during which the program is expected to be con-

ducted.

10 USC 119a.

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130 STAT. 2406 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(3) E

LEMENTS ON PROGRAMS COVERED BY MULTIYEAR BUDG

ETING

.—In the case of a report under paragraph (1) submitted

in a year during which the budget of the President for the

fiscal year concerned does not, because of multiyear budgeting

for the Department, include a full budget request for the

Department, the report required by paragraph (1) shall set

forth—

‘‘(A) the total amount already appropriated for the

next fiscal year for programs being managed under alter-

native compensatory control measures in the Department,

and any additional amount requested in that budget for

such programs for such fiscal year; and

‘‘(B) for each program that is a program being managed

under alternative compensatory control measures in the

Department, the information specified in paragraph (2)(B).

‘‘(b) A

NNUAL

EPORT ON

ROGRAMS

NDER

AACMS.—

‘‘(1) I

N GENERAL

.—Not later than February 1 each year,

the Secretary shall submit to the congressional defense commit-

tees a report that, with respect to each new program being

managed under alternative compensatory control measures in

the Department, provides—

‘‘(A) notice of the designation of the program as a

program being managed under alternative compensatory

control measures in the Department; and

‘‘(B) a justification for such designation.

‘‘(2) A

DDITIONAL ELEMENTS

.—A report under paragraph (1)

with respect to a program shall include—

‘‘(A) the current estimate of the total program cost

for the program; and

‘‘(B) an identification of existing programs or tech-

nologies that are similar to the technology, or that have

a mission similar to the mission, of the program that is

the subject of the report.

‘‘(3) N

EW PROGRAM BEING MANAGED UNDER ALTERNATIVE

COMPENSATORY CONTROL MEASURES DEFINED

.—In this sub-

section, the term ‘new program being managed under alter-

native compensatory control measures’ means a program in

the Department that has not previously been covered by a

report under this subsection.

‘‘(c) R

EPORT ON

HANGE IN

LASSIFICATION OR

ECLASSIFICA

TION OF

ROGRAMS

.—

‘‘(1) I

N GENERAL

.—Whenever a change in the classification

of a program being managed under alternative compensatory

control measures in the Department is planned to be made,

or whenever classified information concerning a program being

managed under alternative compensatory control measures in

the Department is to be declassified and made public, the

Secretary shall submit to the congressional defense committees

a report containing a description of the proposed change, the

reasons for the proposed change, and notice of any public

announcement planned to be made with respect to the proposed

change.

‘‘(2) D

EADLINE FOR REPORT

.—Except as provided in para-

graph (3), a report required by paragraph (1) shall be submitted

not less than 14 days before the date on which the proposed

change or public announcement concerned is to occur.

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130 STAT. 2407 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(3) E

XCEPTION

.—If the Secretary determines that because

of exceptional circumstances the requirement in paragraph (2)

cannot be met with respect to a proposed change or public

announcement concerning a program covered by paragraph (1),

the Secretary may submit the report required by that paragraph

regarding the proposed change or public announcement at any

time before the proposed change or public announcement is

made, and shall include in the report an explanation of the

exceptional circumstances.

‘‘(d) M

ODIFICATION OF

RITERIA OR

OLICY FOR

ESIGNATING

ROGRAMS

NDER

CCMS

.—Whenever there is a modification or

termination of the policy or criteria used for designating a program

as a program being managed under alternative compensatory con-

trol measures in the Department, the Secretary shall promptly

notify the congressional defense committees of such modification

or termination. Any such notification shall contain the reasons

for the modification or termination and, in the case of a modifica-

tion, the provisions of the policy or criteria as modified.

‘‘(e) W

AIVER

.—

‘‘(1) I

N GENERAL

.—The Secretary may waive any require-

ment in subsection (a), (b), or (c) that certain information

be included in a report under such subsection if the Secretary

determines that inclusion of that information in the report

would adversely affect the national security. Any such waiver

shall be made on a case-by-case basis.

‘‘(2) N

OTICE TO CONGRESS

.—If the Secretary exercises the

authority in paragraph (1), the Secretary shall provide the

information described in the applicable subsection with respect

to the program concerned, and the justification for the waiver,

jointly to the chairman and ranking minority member of each

of the congressional defense committees.

‘‘(f) L

IMITATION ON

NITIATION OF

ROGRAMS

NDER

CCMS

.—

‘‘(1) N

OTICE AND WAIT

.—Except as provided in paragraph

(2), a program to be managed under alternative compensatory

control measures in the Department may not be initiated

until—

‘‘(A) the congressional defense committees are notified

of the program; and

‘‘(B) a period of 30 days elapses after such notification

is received.

‘‘(2) E

XCEPTION

.—If the Secretary determines that waiting

for the regular notification process before initiating a program

as described in paragraph (1) would cause exceptionally grave

damage to the national security, the Secretary may begin a

program to be managed under alternative compensatory control

measures in the Department before such waiting period elapses.

The Secretary shall notify the congressional defense committees

within 10 days of initiating a program under this paragraph,

including a justification for the determination of the Secretary

that waiting for the regular notification process would cause

exceptionally grave damage to the national security.’’.

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130 STAT. 2408 PUBLIC LAW 114–328—DEC. 23, 2016

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 2 of such title is amended by adding at the end

the following new item:

‘‘119a. Programs managed under alternative compensatory control measures: con-

gressional oversight.’’.

SEC. 1063. MATTERS FOR INCLUSION IN REPORT ON DESIGNATION

OF COUNTRIES FOR WHICH REWARDS MAY BE PAID

UNDER DEPARTMENT OF DEFENSE REWARDS PROGRAM.

Section 127b(h) of title 10, United States Code, is amended—

(1) in paragraph (2), by inserting ‘‘and justification’’ after

‘‘reason’’; and

(2) by amending paragraph (3) to read as follows:

‘‘(3) An estimate of the amount or value of the rewards

to be paid as monetary payment or payment-in-kind under

this section.’’.

SEC. 1064. ANNUAL REPORTS ON UNFUNDED PRIORITIES OF THE

ARMED FORCES AND THE COMBATANT COMMANDS AND

ANNUAL REPORT ON COMBATANT COMMAND REQUIRE-

MENTS.

(a) A

NNUAL

EPORTS

EQUIRED

.—

(1) I

N GENERAL

.—Chapter 9 of title 10, United States Code,

is amended by inserting after section 222 the following new

section:

‘‘§ 222a. Unfunded priorities of the armed forces and combat-

ant commands: annual report

‘‘(a) A

NNUAL

EPORT

.—Not later than 10 days after the date

on which the budget of the President for a fiscal year is submitted

to Congress pursuant to section 1105 of title 31, each officer speci-

fied in subsection (b) shall submit to the Secretary of Defense

and the Chairman of the Joint Chiefs of Staff, and to the congres-

sional defense committees, a report on the unfunded priorities of

the armed force or forces or combatant command under the jurisdic-

tion or command of such officer.

‘‘(b) O

FFICERS

.—The officers specified in this subsection are

the following:

‘‘(1) The Chief of Staff of the Army.

‘‘(2) The Chief of Naval Operations.

‘‘(3) The Chief of Staff of the Air Force.

‘‘(4) The Commandant of the Marine Corps.

‘‘(5) The commanders of the combatant commands estab-

lished under section 161 of this title.

‘‘(c) E

LEMENTS

.—

‘‘(1) I

N GENERAL

.—Each report under this subsection shall

specify, for each unfunded priority covered by such report,

the following:

‘‘(A) A summary description of such priority, including

the objectives to be achieved if such priority is funded

(whether in whole or in part).

‘‘(B) The additional amount of funds recommended in

connection with the objectives under subparagraph (A).

‘‘(C) Account information with respect to such priority,

including the following (as applicable):

‘‘(i) Line Item Number (LIN) for applicable procure-

ment accounts.

10 USC 222a.

10 USC 111 prec.

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130 STAT. 2409 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(ii) Program Element (PE) number for applicable

research, development, test, and evaluation accounts.

‘‘(iii) Sub-activity group (SAG) for applicable oper-

ation and maintenance accounts.

‘‘(2) P

RIORITIZATION OF PRIORITIES

.—Each report shall

present the unfunded priorities covered by such report in order

of urgency of priority.

‘‘(d) U

NFUNDED

RIORITY

EFINED

.—In this section, the term

‘unfunded priority’, in the case of a fiscal year, means a program,

activity, or mission requirement that—

‘‘(1) is not funded in the budget of the President for the

fiscal year as submitted to Congress pursuant to section 1105

of title 31;

‘‘(2) is necessary to fulfill a requirement associated with

an operational or contingency plan of a combatant command

or other validated requirement; and

‘‘(3) would have been recommended for funding through

the budget referred to in paragraph (1) by the officer submitting

the report required by subsection (a) in connection with the

budget if—

‘‘(A) additional resources been available for the budget

to fund the program, activity, or mission requirement; or

‘‘(B) the program, activity, or mission requirement has

emerged since the budget was formulated.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 9 of such title is amended by inserting

after the item relating to section 222 the following new item:

‘‘222a. Unfunded priorities of the armed forces and combatant commands: annual

report.’’.

(b) R

EPEAL OF

UPERSEDED

ROVISION

.—Section 1003 of the

National Defense Authorization Act for Fiscal Year 2013 (Public

Law 113–239; 126 Stat. 1903) is repealed.

UBMITTAL OF

NNUAL

EPORT ON

OMBATANT

OMMAND

EQUIREMENTS

.—Section 153(c)(1) of title 10, United States Code,

is amended by striking ‘‘At or about the time that the budget

is submitted to Congress for a fiscal year under section 1105(a)

of title 31’’ and inserting ‘‘Not later than 25 days after the date

on which the budget of the President for a fiscal year is submitted

to Congress pursuant to section 1105(a) of title 31’’.

SEC. 1065. MANAGEMENT AND REVIEWS OF ELECTROMAGNETIC SPEC-

TRUM.

(a) M

ANAGEMENT AND

EVIEWS

.—

(1) I

N GENERAL

.—Section 488 of title 10, United States

Code, is amended to read as follows:

‘‘§ 488. Management and review of electromagnetic spectrum

‘‘(a) O

RGANIZATION

.—The Secretary of Defense shall—

‘‘(1) ensure the effective organization and management of

the electromagnetic spectrum used by the Department of

Defense; and

‘‘(2) establish an enduring review and evaluation process

that—

‘‘(A) considers all requirements relating to such spec-

trum; and

10 USC 221 prec.

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130 STAT. 2410 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(B) ensures that all users of such spectrum, regardless

of the classification of such uses, are involved in the deci-

sion-making process of the Department concerning the

potential sharing, reassigning, or reallocating of such spec-

trum, or the relocation of the uses by the Department

of such spectrum.

‘‘(b) R

EPORTS

.—(1) From time to time as the Secretary and

the Chairman of the Joint Chiefs of Staff determine useful for

the effective oversight of the access by the Department to electro-

magnetic spectrum, but not less frequently than every two years,

the Secretary and the Chairman shall jointly submit to the congres-

sional defense committees a report on national policy plans

regarding implications for such access in bands identified for study

for potential reallocation, or under consideration for potential re-

allocation, by the Policy and Plans Steering Group established

by the National Telecommunications and Information Administra-

tion.

‘‘(2) Each report under paragraph (1) shall address, with respect

to the electromagnetic spectrum used by the Department that is

covered by the report, the implications to the missions of the Depart-

ment resulting from sharing, reassigning, or reallocating the spec-

trum, or relocating the uses by the Department of such spectrum,

if the Secretary and the Chairman jointly determine that such

sharing, reassigning, reallocating, or relocation—

‘‘(A) would potentially create a loss of essential military

capability to the missions of the Department, as determined

under feasibility assessments to ensure comparable capability;

‘‘(B) would not likely be possible within the 10-year period

beginning on the date of the report.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 23 of such title is amended by striking

the item relating to section 488 and inserting the following

new item:

‘‘488. Management and review of electromagnetic spectrum.’’.

(b) I

SSUANCE OF

NSTRUCTION OR

IRECTIVE

.—The Secretary

of Defense shall—

(1) not later than 180 days after the date of the enactment

of this Act, issue a Department of Defense Instruction or a

Department of Defense Directive to carry out section 488(a)

of title 10, United States Code, as amended by subsection

(a); and

(2) upon the date of the issuance of the instruction or

directive issued under paragraph (1), submit to the congres-

sional defense committees such instruction or directive.

NITIAL

EVIEW

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense and the

Chairman of the Joint Chiefs of Staff shall jointly submit to the

congressional defense committees a report described in section

488(b) of title 10, United States Code, as amended by subsection

(a), with respect to—

(1) the plan by the National Telecommunications and

Information Administration titled ‘‘Sixth Interim Progress

Report on the Ten-Year Plan and Timetable’’ issued in June

2016; and

10 USC 488 note.

10 USC 480 prec.

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130 STAT. 2411 PUBLIC LAW 114–328—DEC. 23, 2016

(2) the seventh such interim progress report issued (or

to be issued) by the National Telecommunications and Informa-

tion Administration.

SEC. 1066. REQUIREMENT FOR NOTICE AND REPORTING TO COMMIT-

TEES ON ARMED SERVICES ON CERTAIN EXPENDITURES

OF FUNDS BY DEFENSE INTELLIGENCE AGENCY.

Section 105(c) of the National Security Act of 1947 (50 U.S.C.

3038(c)) is amended by inserting ‘‘, the Committee on Armed Serv-

ices of the Senate, and the Committee on Armed Services of the

House of Representatives’’ after ‘‘committees’’ each place it appears.

SEC. 1067. CONGRESSIONAL NOTIFICATION OF BIOLOGICAL SELECT

AGENT AND TOXIN THEFT, LOSS, OR RELEASE INVOLVING

THE DEPARTMENT OF DEFENSE.

(a) N

OTIFICATION

EQUIREMENT

.—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) E

LEMENTS

.—Notice of a theft, loss, or release of a biological

select agent or toxin under subsection (a) shall include each of

the following:

(1) The name of the agent or toxin and any identifying

information, including the strain or other relevant characteriza-

tion information.

(2) An estimate of the quantity of the agent or toxin stolen,

lost, or released.

(3) The location or facility from which the theft, loss, or

release occurred.

(4) In the case of a release, any hazards posed by the

release and the number of individuals potentially exposed to

the agent or toxin.

(5) Actions taken to respond to the theft, loss, or release.

SEC. 1068. REPORT ON SERVICE-PROVIDED SUPPORT AND ENABLING

CAPABILITIES TO UNITED STATES SPECIAL OPERATIONS

FORCES.

(a) R

EPORT

EQUIRED

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall submit

to the congressional defense committees a written report on service-

common support and enabling capabilities contributed from each

of the military services to special operations forces. Such report

shall include each of the following:

(1) A definition of the terms ‘‘service-common’’ and ‘‘special

operations-peculiar’’.

(2) A description of the factors and process used by the

Department of Defense to determine whether combat support,

combat service support, base operating support, and enabling

capabilities are service-common or special operations-peculiar.

(3) A detailed accounting of the resources allocated by

each military service to provide combat support, combat service

support, base operating support, and enabling capabilities for

special operations forces.

50 USC 1528.

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130 STAT. 2412 PUBLIC LAW 114–328—DEC. 23, 2016

(4) An identification of any change in the level or type

of service-common support and enabling capabilities provided

by each of the military services to special operations forces

in the current fiscal year when compared to the preceding

fiscal year, including the rationale for any such change and

any mitigating actions.

(5) An assessment of the specific effects that the budget

request for the current fiscal year and any anticipated future

manpower and force structure changes are likely to have on

the ability of each of the military services to provide service-

common support and enabling capabilities to special operations

forces.

(6) Any other matters the Secretary determines relevant.

(b) A

NNUAL

PDATES

.—For each of fiscal years 2018 through

2020, at the same time the Secretary of Defense submits to Congress

the budget request for such fiscal year, the Secretary shall submit

to the congressional defense committees an update to the report

required under subsection (a).

ORM OF

EPORT

.—The report required under subsection

(a) and each update provided under subsection (b) shall be sub-

mitted in unclassified form, but may contain a classified annex.

SEC. 1069. REPORT ON CITIZEN SECURITY RESPONSIBILITIES IN THE

NORTHERN TRIANGLE OF CENTRAL AMERICA.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Defense and the Sec-

retary of State shall jointly prepare and submit to the appropriate

congressional committees a report on military units that have been

assigned to policing or citizen security responsibilities in Guatemala,

Honduras, and El Salvador.

(b) M

ATTERS TO

NCLUDED

.—The report required by sub-

section (a) shall include each of the following:

(1) The following information, as of the date of the enact-

ment of this Act, with respect to military units assigned to

policing or citizen security responsibilities in each of Guate-

mala, Honduras, and El Salvador:

(A) The proportion of individuals in each such country’s

military who participate in policing or citizen security

activities relative to the total number of individuals in

that country’s military.

(B) Of the military units assigned to policing or citizen

security responsibilities, the types of units conducting

police activities.

Department of State in training individuals for purposes

of participation in such military units.

(D) The number of individuals who participated in

such military units who received training by the Depart-

ment of Defense, and the types of training they received.

(2) Any other information that the Secretary of Defense

or the Secretary of State determines to be necessary to help

better understand the relationships of the militaries of Guate-

mala, Honduras, and El Salvador to public security in such

countries.

(3) A description of the plan of the United States to assist

the militaries of Guatemala, Honduras, and El Salvador to

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130 STAT. 2413 PUBLIC LAW 114–328—DEC. 23, 2016

carry out their responsibilities in a manner that adheres to

democratic principles.

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form, but may contain a classified annex.

(d) P

UBLIC

VAILABILITY

.—The unclassified matter of the report

required by subsection (a) shall be posted on a publicly available

Internet website of the Department of Defense and a publicly avail-

able Internet website of the Department of State.

(e) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

.—In this section,

the term ‘‘appropriate congressional committees’’ means the Com-

mittee on Armed Services and the Committee on Foreign Affairs

of the House of Representatives and the Committee on Armed

Services and the Committee on Foreign Relations of the Senate.

SEC. 1070. REPORT ON COUNTERPROLIFERATION ACTIVITIES AND

PROGRAMS.

(a) I

ENERAL

.—Not later than July 1, 2017, the Secretary

of Defense shall submit to the congressional defense committees

a report on the counterproliferation activities and programs of the

Department of Defense.

(b) M

ATTERS

NCLUDED

.—The report required under subsection

(a) shall include each of the following:

(1) A complete list and assessment of existing and proposed

capabilities and technologies for support of United States non-

proliferation policy and counterproliferation policy, with regard

to—

(A) interdiction;

(B) elimination;

(D) passive defenses;

(E) security cooperation and partner activities;

(F) offensive operations;

(G) active defenses; and

(H) weapons of mass destruction consequence manage-

ment.

(2) For the existing and proposed capabilities and tech-

nologies identified under paragraph (1), an identification of

goals, a description of ongoing efforts, and recommendations

for further enhancements.

(3) A complete description of requirements and priorities

for the development and deployment of highly effective capabili-

ties and technologies, including identifying areas for capability

enhancement and deficiencies in existing capabilities and tech-

nologies.

(4) A comprehensive discussion of the near-term, mid-term,

and long-term programmatic options for meeting requirements

and eliminating deficiencies, including the annual funding

requirements and completion dates established for each such

option.

(5) An outline of interagency activities and initiatives.

(6) Any other matters the Secretary considers appropriate.

ORMS OF

EPORT

.—The report under subsection (a) shall

be submitted in unclassified form, but may contain a classified

annex.

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130 STAT. 2414 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1071. REPORT ON TESTING AND INTEGRATION OF MINEHUNTING

SONAR SYSTEMS TO IMPROVE LITTORAL COMBAT SHIP

MINEHUNTING CAPABILITIES.

(a) R

EPORT TO

ONGRESS

.—Not later than April 1, 2018, the

Secretary of the Navy shall submit to the congressional defense

committees a report that contains the findings of an assessment

of all operational minehunting Synthetic Aperture Sonar (herein-

after referred to as ‘‘SAS’’) technologies suitable to meet the require-

ments for use on the Littoral Combat Ship Mine Countermeasures

Mission Package.

(b) E

LEMENTS

.—The report required by subsection (a) shall

include—

(1) an explanation of the future acquisition strategy for

the minehunting mission package;

(2) specific details regarding the capabilities of all in-

production SAS systems available for integration into the Lit-

toral Combat Ship Mine Countermeasure Mission Package;

(3) an assessment of key performance parameters for the

Littoral Combat Ship Mine Countermeasures Mission Package

with each of the assessed SAS technologies; and

(4) a review of the Department of the Navy’s efforts to

evaluate SAS technologies in operation with allied Navies for

future use on the Littoral Combat Ship Mine Countermeasures

Mission Package.

YSTEM

ESTING

.—The Secretary of the Navy is encouraged

to perform at-sea testing and experimentation of sonar systems

in order to provide data in support of the assessment required

by subsection (a).

SEC. 1072. QUARTERLY REPORTS ON PARACHUTE JUMPS CONDUCTED

AT FORT BRAGG AND POPE ARMY AIRFIELD AND AIR

FORCE SUPPORT FOR SUCH JUMPS.

For the period beginning on January 31, 2017, and ending

on January 31, 2018, the Secretary of the Air Force and the Sec-

retary of the Army shall jointly submit to the Committees on

Armed Services of the House of Representatives and the Senate

quarterly reports on the parachute drop requirements for the XVIII

Airborne Corps, the 82nd Airborne Division, and the United States

Army Special Operations Command. Each such report shall include,

for the calendar quarter covered by the report—

(1) the total parachute drop requirement, by month;

(2) the total parachute drops requested, by month;

(3) the total parachute drops for which the Secretary of

the Air Force entered into a contract, by month;

(4) the total parachute drops executed by non-Air Force

entities pursuant to contracts, by month;

(5) the total parachute drops executed by the Air Force,

by month;

(6) if the total parachute drop requirement was not fulfilled

for the quarter, the reasons why such requirement was not

fulfilled and the assessment of the Secretary of the Army of

any effects on Army readiness caused by the unfulfilled portion

of the requirement; and

(7) any other clarifying information, as appropriate, the

Secretaries determine the Committees would need to under-

stand important aspects of the Air Force implementing off-

site airlift support for XVIII Airborne Corps, the 82nd Airborne

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130 STAT. 2415 PUBLIC LAW 114–328—DEC. 23, 2016

Division, and the United States Army Special Operations Com-

mand, and the ability of the Air Force to meet the training

requirements of the Army and the United States Special Oper-

ations Command.

SEC. 1073. STUDY ON MILITARY HELICOPTER NOISE.

(a) I

ENERAL

.—The Secretary of Defense, in coordination

with the Administrator of the Federal Aviation Administration,

shall—

(1) conduct a study on the effects of military helicopter

noise on National Capital Region communities and individuals;

and

(2) develop recommendations for the reduction of the effects

of military helicopter noise on individuals, structures, and prop-

erty values in the National Capital Region.

(b) F

OCUS

.—In conducting the study under subsection (a), the

Secretary and the Administrator shall focus on air traffic control,

airspace design, airspace management, and types of aircraft to

address helicopter noise problems and shall take into account the

needs of law enforcement, emergency, and military operations.

ONSIDERATION OF

IEWS

.—In conducting the study under

subsection (a), the Secretary shall consider the views of representa-

tives of—

(1) members of the Armed Forces;

(2) law enforcement agencies;

(3) community stakeholders, including residents and local

government officials; and

(4) organizations with an interest in reducing military heli-

copter noise.

(d) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary shall submit to

Congress a report on the results of the study conducted under

subsection (a).

(2) A

VAILABILITY TO THE PUBLIC

.—The Secretary shall make

the report required under paragraph (1) publicly available.

SEC. 1074. INDEPENDENT REVIEW OF UNITED STATES MILITARY

STRATEGY AND FORCE POSTURE IN THE UNITED STATES

PACIFIC COMMAND AREA OF RESPONSIBILITY.

(a) I

NDEPENDENT

EVIEW

.—

(1) I

N GENERAL

.—In fiscal year 2018, the Secretary of

Defense shall commission an independent review of United

States policy in the Indo-Asia-Pacific region, with a focus on

issues expected to be critical during the ten-year period begin-

ning on the date of such review, including the national security

interests and military strategy of the United States in the

Indo-Asia-Pacific region.

(2) C

ONDUCT OF REVIEW

.—The review conducted pursuant

to paragraph (1) shall be conducted by an independent organiza-

tion that has—

(A) recognized credentials and expertise in national

security and military affairs; and

(B) access to policy experts throughout the United

States and from the Indo-Asia-Pacific region.

(3) E

LEMENTS

.—Each review conducted pursuant to para-

graph (1) shall include the following elements:

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130 STAT. 2416 PUBLIC LAW 114–328—DEC. 23, 2016

(A) An assessment of the risks to United States

national security interests in the United States Pacific

Command area of responsibility during the ten-year period

beginning on the date of such review as a result of changes

in the security environment.

(B) An assessment of the current and planned United

States force posture adjustments with respect to the Indo-

Asia-Pacific region.

falls of the United States in the Indo-Asia-Pacific region,

including undersea warfare (including submarines), naval

and maritime, ballistic missile defense, cyber, munitions,

anti-access area denial, land-force power projection, and

intelligence, surveillance, and reconnaissance capabilities.

(D) An analysis of the willingness and capacity of

allies, partners, and regional organizations to contribute

to the security and stability of the Indo-Asia-Pacific region,

including potential required adjustments to United States

military strategy based on that analysis.

(E) An evaluation of theater security cooperation efforts

of the United States Pacific Command in the context of

current and projected threats, and desired capabilities and

priorities of the United States and its allies and partners.

(F) An evaluation of the seams between United States

Pacific Command and adjacent geographic combatant com-

mands, including an appraisal of the Arctic ambitions of

actors in the Indo-Asia-Pacific region in the context of

current and projected capabilities, and recommendations

to mitigate the effects of those seams.

(G) The views of noted policy leaders and regional

experts, including military commanders, in the Indo-Asia-

Pacific region.

(b) R

EPORT

.—

(1) S

UBMITTAL TO SECRETARY OF DEFENSE

.—Not later than

180 days after commencing the review under subsection (a),

the independent organization conducting the review shall

submit to the Secretary of Defense a report containing the

findings of the review. The report shall be submitted in

unclassified form, but may contain an classified annex.

(2) S

UBMITTAL TO CONGRESS

.—Not later than 90 days after

the date of receipt of a report required by paragraph (1), the

Secretary shall submit to the congressional defense committees

the report, together with any comments on the report that

the Secretary considers appropriate.

SEC. 1075. ASSESSMENT OF THE JOINT GROUND FORCES OF THE

ARMED FORCES.

(a) I

ENERAL

.—The Secretary of Defense, in consultation

with the Chairman of the Joint Chiefs of Staff, the Chief of Staff

of the Army, and the Commandant of the Marine Corps, shall

provide for and oversee an assessment of the joint ground forces

of the Armed Forces.

(b) R

EPORT

.—Not later than one year after the date of the

enactment of this Act, the Secretary shall submit to the Committees

on Armed Services of the Senate and the House of Representatives

a report on the assessment described in subsection (a). The report

shall include the following:

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130 STAT. 2417 PUBLIC LAW 114–328—DEC. 23, 2016

(1) A description of any gaps in the capabilities and capac-

ities of the joint ground forces that threaten the successful

execution of decisive operational maneuver by the joint ground

forces.

(2) Recommendations for actions to be taken to eliminate

or otherwise address such gaps in capabilities or capacities.

(3) An assessment by each of the Chief of Staff of the

Army and the Commandant of the Marine Corps of any specific

gaps in the capability and capacity of the Army and Marine

Corps, respectively, that threaten the successful execution of

decisive operational maneuver.

Subtitle G—Other Matters

SEC. 1081. TECHNICAL AND CLERICAL AMENDMENTS.

(a) T

ITLE

10, U

NITED

TATES

ODE

.—Title 10, United States

Code, is amended as follows:

(1) Section 130h is amended by striking ‘‘subsection (a)

and (b)’’ both places it appears and inserting ‘‘subsections (a)

and (b)’’.

(2) Section 187(a)(2)(C) is amended by striking ‘‘Acquisition,

Logistics, and Technology’’ and inserting ‘‘Acquisition, Tech-

nology, and Logistics’’.

(3) Section 196(c)(1)(A)(ii) is amended by striking ‘‘section

139(i)’’ and inserting ‘‘section 139(j)’’.

(4) Subsection (b)(1)(B) of section 1415 is amended by

adding a period at the end of clause (ii).

(5) Section 1705(g)(1) is amended by striking ‘‘of of’’ and

inserting ‘‘of’’.

(6) Section 2222 is amended—

(A) in subsection (d)(1)(B), by inserting ‘‘to’’ before

‘‘eliminate’’;

(B) in subsection (g)(1)(E), by inserting ‘‘the system’’

before ‘‘is in compliance’’; and

PROGRAM

’’ in the

heading.

(7) Subsection (d) of section 2431b is amended to read

as follows:

‘‘(d) D

EFINITIONS

.—

‘‘(1) C

ONCURRENCY

.—The term ‘concurrency’ means, with

respect to an acquisition strategy, the combination or overlap

of program phases or activities.

‘‘(2) M

AJOR DEFENSE ACQUISITION PROGRAM AND MAJOR

SYSTEM

.—The terms ‘major defense acquisition program’ and

‘major system’ have the meanings provided in section 2431a

of this title.’’.

(b) A

MENDMENTS

ELATED TO

LIMINATION OF

ITLE

PPENDIX

.—

(1) M

ILITARY SELECTIVE SERVICE ACT CITATION CHANGES

.—

(A) T

ITLE 10

UNITED STATES CODE

.—Title 10, United

States Code, is amended as follows:

(i) Section 101(d)(6)(B)(v) is amended by striking

‘‘(50 U.S.C. App. 460(b)(2))’’ and inserting ‘‘(50 U.S.C.

3809(b)(2))’’.

(ii) Section 513(c) is amended—

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130 STAT. 2418 PUBLIC LAW 114–328—DEC. 23, 2016

(I) by striking ‘‘(50 U.S.C. App. 451 et seq.)’’

and inserting ‘‘(50 U.S.C. 3801 et seq.)’’; and

(II) by inserting ‘‘(50 U.S.C. 3806(c)(2)(A))’’

after ‘‘of that Act’’.

(iii) Section 523(b)(7) is amended by striking ‘‘(50

U.S.C. App. 460(b)(2))’’ and inserting ‘‘(50 U.S.C.

3809(b)(2))’’.

(iv) Section 651(a) is amended by striking ‘‘(50’’

and all that follows through ‘‘shall serve’’ and inserting

‘‘(50 U.S.C. 3806(d)(1))’’.

(v) Section 671(c)(1) is amended by striking ‘‘(50

U.S.C. App. 454(a))’’ and inserting ‘‘(50 U.S.C.

3803(a))’’.

(vi) Section 1475(a)(5)(B) is amended by striking

‘‘(50 U.S.C. App. 451 et seq.)’’ and inserting ‘‘(50 U.S.C.

3801 et seq.)’’.

(vii) Section 12103 is amended—

(I) in subsections (b) and (d), by striking ‘‘(50

U.S.C. App. 451 et seq.)’’ both places it appears

and inserting ‘‘(50 U.S.C. 3801 et seq.)’’; and

(II) in subsection (d), by striking ‘‘section

6(c)(2)(A)(ii) and (iii) of such Act’’ and inserting

‘‘clauses (ii) and (iii) of section 6(c)(2)(A) of such

Act (50 U.S.C. 3806(c)(2)(A))’’.

(viii) Section 12104(a) is amended by striking ‘‘(50

U.S.C. App. 451 et seq.)’’ both places it appears and

inserting ‘‘(50 U.S.C. 3801 et seq.)’’.

(ix) Section 12208(a) is amended by striking ‘‘(50

U.S.C. App. 451 et seq.)’’ both places it appears and

inserting ‘‘(50 U.S.C. 3801 et seq.)’’.

(B) T

ITLE 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) S

ERVICEMEMBERS 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) E

XPORT 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))’’.

(i) in subsection (a), by striking ‘‘(50 U.S.C. App.

2405(j)(1)(A))’’ and inserting ‘‘(50 U.S.C. 4605(j)(1)(A))’’;

and

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130 STAT. 2419 PUBLIC LAW 114–328—DEC. 23, 2016

(ii) in subsection (b)(2), by striking ‘‘(50 U.S.C.

App. 2405(j)(1)(A))’’ and inserting ‘‘(50 U.S.C.

4605(j)(1)(A))’’.

(D) Section 2410i(a) is amended by striking ‘‘(50 U.S.C.

App. 2402(5)(A))’’ and inserting ‘‘(50 U.S.C. 4602(5)(A))’’.

(E) Section 7430(e) is amended by striking ‘‘(50 U.S.C.

App. 2401 et seq.)’’ and inserting ‘‘(50 U.S.C. 4601 et seq.)’’.

(4) D

EFENSE PRODUCTION ACT OF 1950 CITATION CHANGES

.—

Title 10, United States Code, is amended as follows:

(A) Section 139c is amended—

(i) in subsection (b)—

(I) in paragraph (11), by striking ‘‘(50 U.S.C.

App. 2171)’’ and inserting ‘‘(50 U.S.C. 4567)’’; and

(II) in paragraph (12)—

(aa) by striking ‘‘(50 U.S.C. App. 2062(b))’’

and inserting ‘‘(50 U.S.C. 4502(b))’’; and

(bb) by striking ‘‘(50 U.S.C. App. 2061 et

seq.)’’ and inserting ‘‘(50 U.S.C. 4501 et seq.)’’;

and

(ii) in subsection (c), by striking ‘‘(50 U.S.C. App.

2170(k))’’ and inserting ‘‘(50 U.S.C. 4565(k))’’.

(B) Section 2537(c) is amended by striking ‘‘(50 U.S.C.

App. 2170(a))’’ and inserting ‘‘(50 U.S.C. 4565(a))’’.

App. 2071)’’ and inserting ‘‘(50 U.S.C. 4511)’’.

(D) Section 9512(e) is amended by striking ‘‘(50 U.S.C.

App. 2071)’’ and inserting ‘‘(50 U.S.C. 4511)’’.

(5) M

ERCHANT 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)’’.

ATIONAL

EFENSE

UTHORIZATION

CT FOR

ISCAL

EAR

2016.—Effective as of November 25, 2015, and as if included therein

as enacted, the National Defense Authorization Act for Fiscal Year

2016 (Public Law 114–92) is amended as follows:

(1) Section 563(a) is amended by striking ‘‘Section 5(c)(5)’’

and inserting ‘‘Section 5(c)(2)’’.

(2) Section 804(d)(3) is amended by inserting ‘‘within 5

business days after such transfer’’ before the period at the

end of the first sentence.

(3) Section 809(e)(2)(A) is amended by striking ‘‘repealed’’

and inserting ‘‘rescinded’’.

(4) Section 883(a)(2) is amended by striking ‘‘such chapter’’

and inserting ‘‘chapter 131 of such title’’.

(5) Section 883 is amended by adding at the end the fol-

lowing new subsection:

‘‘(f) C

ONFORMING

MENDMENTS

.—

‘‘(1) Effective on the effective date specified in subsection

(a)(1) of section 901 of the Carl Levin and Howard P. ‘Buck’

McKeon National Defense Authorization Act for Fiscal Year

2015 (Public Law 113–291; 128 Stat. 3462; 10 U.S.C. 132a

note), section 2222 of title 10, United States Code, is amended—

‘‘(A) by striking ‘Deputy Chief Management Officer

of the Department of Defense’ each place it appears in

subsections (c)(2), (e)(1), (g)(2)(A), (g)(2)(B)(ii), and (i)(5)(B)

10 USC 2222

note.

10 USC 2201

prec.

10 USC 2302

note.

38 USC 1712A

note.

10 USC 2222

note.

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130 STAT. 2420 PUBLIC LAW 114–328—DEC. 23, 2016

and inserting ‘Under Secretary of Defense for Business

Management and Information’; and

‘‘(B) by striking ‘Deputy Chief Management Officer’

in subsection (f)(1) and inserting ‘Under Secretary of

Defense for Business Management and Information’.

‘‘(2) The second paragraph (3) of section 901(k) of such

Act (Public Law 113–291; 128 Stat. 3468; 10 U.S.C. 2222 note)

is repealed.’’.

(6) Section 1079(a) is amended to read as follows:

‘‘(a) A

NNUAL

EPORT ON

RIZES FOR

DVANCED

ECHNOLOGY

CHIEVEMENTS

.—Section 2374a of title 10, United States Code,

is amended—

‘‘(1) by striking subsection (f); and

‘‘(2) by redesignating subsection (g) as subsection (f).’’.

(7) Section 1086(f)(11)(A) is amended by striking ‘‘Not later

than\ one year’’ and inserting ‘‘Not later than one year’’.

(d) C

OORDINATION

ITH

THER

MENDMENTS

ADE BY

HIS

.—For purposes of applying amendments made by provisions

of this Act other than this section, the amendments made by this

section shall be treated as having been enacted immediately before

any such amendments by other provisions of this Act.

SEC. 1082. INCREASE IN MAXIMUM AMOUNT AVAILABLE FOR EQUIP-

MENT, SERVICES, AND SUPPLIES PROVIDED FOR HUMANI-

TARIAN DEMINING ASSISTANCE.

Section 407(c)(3) of title 10, United States Code, is amended

by striking ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’.

SEC. 1083. LIQUIDATION OF UNPAID CREDITS ACCRUED AS A RESULT

OF TRANSACTIONS UNDER A CROSS-SERVICING AGREE-

MENT.

(a) L

IQUIDATION OF

NPAID

REDITS

.—Section 2345 of title

10, United States Code, is amended by adding at the end the

following new subsection:

‘‘(c)(1) Any credits of the United States accrued as a result

of the provision of logistic support, supplies, and services under

the authority of this subchapter that remain unliquidated more

than 18 months after the date of delivery of the logistic support,

supplies, or services may, at the option of the Secretary of Defense,

with the concurrence of the Secretary of State, be liquidated by

offsetting the credits against any amount owed by the Department

of Defense, pursuant to a transaction or transactions concluded

under the authority of this subchapter, to the government or inter-

national organization to which the logistic support, supplies, or

services were provided by the United States.

‘‘(2) The amount of any credits offset pursuant to paragraph

(1) shall be credited as specified in section 2346 of this title as

if it were a receipt of the United States.’’.

(b) E

FFECTIVE

ATE

.—Subsection (c) of section 2345 of title

10, United States Code, as added by subsection (a), shall apply

with respect to credits accrued by the United States that—

(1) were accrued prior to, and remain unpaid as of, the

date of the enactment of this Act; or

(2) are accrued after the date of the enactment of this

Act.

10 USC 2345

note.

10 USC 101 note.

10 USC 1564

note.

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130 STAT. 2421 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1084. MODIFICATION OF REQUIREMENTS RELATING TO MANAGE-

MENT OF MILITARY TECHNICIANS.

(a) C

ONVERSION OF

ERTAIN

ILITARY

ECHNICIAN

(

DUAL

TATUS

) P

OSITIONS

.—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) I

N GENERAL

.—By not later than October 1, 2017, the

Secretary of Defense shall convert not fewer than 20 percent

of all military technician positions to positions filled by individ-

uals who are employed under section 3101 of title 5, United

States Code, or section 1601 of title 10, United States Code,

and are not military technicians. The positions to be converted

are described in paragraph (2).’’;

(2) in paragraph (2), by striking ‘‘in the report’’ and all

that follows and inserting ‘‘by the Army Reserve, the Air Force

Reserve, the National Guard Bureau, State adjutants general,

and the Secretary of Defense in the course of reviewing all

military technician positions for purposes of implementing this

section.’’; and

(3) in paragraph (3), by striking ‘‘may fill’’ and inserting

‘‘shall fill’’.

(b) C

ONVERSION OF

RMY

ESERVE

, A

ORCE

ESERVE

AND

ATIONAL

UARD

DUAL

TATUS

OSITIONS

.—Subsection (e) of

section 10217 of title 10, United States Code, is amended is

amended to read as follows:

‘‘(e) C

ONVERSION OF

OSITIONS

.—(1) No individual may be

newly hired or employed, or rehired or reemployed, as a non-

dual status technician for purposes of this section after September

30, 2017.

‘‘(2) By not later than October 1, 2017, the Secretary of Defense

shall convert all non-dual status technicians to positions filled by

individuals who are employed under section 3101 of title 5 or

section 1601 of this title and are not military technicians.

‘‘(3) In the case of a position converted under paragraph (2)

for which there is an incumbent employee on October 1, 2017,

the Secretary shall fill that position, as converted, with the incum-

bent employee without regard to any requirement concerning com-

petition or competitive hiring procedures.

‘‘(4) Any individual newly hired or employed, or rehired or

employed, to a position required to be filled by reason of paragraph

(1) shall an individual employed in such position under section

3101 of title 5 or section 1601 of this title.’’.

EPORT ON

ONVERSION OF

ILITARY

ECHNICIAN

OSITIONS

ERSONNEL

ERFORMING

CTIVE

UARD AND

ESERVE

UTY

.—

(1) I

N GENERAL

.—Not later than March 1, 2017, the Sec-

retary of Defense, shall in consultation with the Chief of the

National Guard Bureau, submit to the Committees on Armed

Services of the Senate and the House of Representatives a

report on the feasibility and advisability of converting any

remaining military technicians (dual status) to personnel per-

forming active Guard and Reserve duty under section 328 of

title 32, United States Code, or other applicable provisions

of law. The report shall include the following:

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130 STAT. 2422 PUBLIC LAW 114–328—DEC. 23, 2016

(A) An analysis of the fully-burdened costs of the

conversion taking into account the new modernized military

retirement system.

(B) An assessment of the ratio of members of the

Armed Forces performing active Guard and Reserve duty

and civilian employees of the Department of Defense under

title 5, United States Code, required to best contribute

to the readiness of the National Guard and the Reserves.

(2) A

CTIVE GUARD AND RESERVE DUTY DEFINED

.—In this

subsection, the term ‘‘active Guard and Reserve duty’’ has the

meaning given that term in section 101(d)(6) of title 10, United

States Code.

SEC. 1085. STREAMLINING OF THE NATIONAL SECURITY COUNCIL.

(a) I

ENERAL

.—Section 101 of the National Security Act

of 1947 (50 U.S.C. 3021) is amended to read as follows:

‘‘SEC. 101. NATIONAL SECURITY COUNCIL.

‘‘(a) N

ATIONAL

ECURITY

OUNCIL

.—There is a council known

as the National Security Council (in this section referred to as

the ‘Council’).

‘‘(b) F

UNCTIONS

.—Consistent with the direction of the President,

the functions of the Council shall be to—

‘‘(1) advise the President with respect to the integration

of domestic, foreign, and military policies relating to the

national security so as to enable the Armed Forces and the

other departments and agencies of the United States Govern-

ment to cooperate more effectively in matters involving the

national security;

‘‘(2) assess and appraise the objectives, commitments, and

risks of the United States in relation to the actual and potential

military power of the United States, and make recommenda-

tions thereon to the President; and

‘‘(3) make recommendations to the President concerning

policies on matters of common interest to the departments

and agencies of the United States Government concerned with

the national security.

‘‘(c) M

EMBERSHIP

.—

‘‘(1) I

N GENERAL

.—The Council consists of the President,

the Vice President, the Secretary of State, the Secretary of

Defense, the Secretary of Energy, and such other officers of

the United States Government as the President may designate.

‘‘(2) A

TTENDANCE AND PARTICIPATION IN MEETINGS

.—The

President may designate such other officers of the United States

Government as the President considers appropriate, including

the Director of National Intelligence, the Director of National

Drug Control Policy, and the Chairman of the Joint Chiefs

of Staff, to attend and participate in meetings of the Council.

‘‘(d) P

RESIDING

FFICERS

.—At meetings of the Council, the

President shall preside or, in the absence of the President, a member

of the Council designated by the President shall preside.

‘‘(e) S

TAFF

.—

‘‘(1) I

N GENERAL

.—The Council shall have a staff headed

by a civilian executive secretary appointed by the President.

‘‘(2) S

TAFF

.—Consistent with the direction of the President

and subject to paragraph (3), the executive secretary may,

subject to the civil service laws and chapter 51 and subchapter

III of chapter 53 of title 5, United States Code, appoint and

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130 STAT. 2423 PUBLIC LAW 114–328—DEC. 23, 2016

fix the compensation of such personnel as may be necessary

to perform such duties as may be prescribed by the President

in connection with performance of the functions of the Council.

‘‘(3) N

UMBER OF PROFESSIONAL STAFF

.—The professional

staff for which this subsection provides shall not exceed 200

persons, including persons employed by, assigned to, detailed

to, under contract to serve on, or otherwise serving or affiliated

with the staff. The limitation in this paragraph does not apply

to personnel serving substantially in support or administrative

positions.

‘‘(f) S

PECIAL

DVISOR TO THE

RESIDENT ON

NTERNATIONAL

ELIGIOUS

REEDOM

.—It is the sense of Congress that there should

be within the staff of the Council a Special Adviser to the President

on International Religious Freedom, whose position should be com-

parable to that of a director within the Executive Office of the

President. The Special Adviser should serve as a resource for execu-

tive branch officials, compiling and maintaining information on

the facts and circumstances of violations of religious freedom (as

defined in section 3 of the International Religious Freedom Act

of 1998 (22 U.S.C. 6402)), and making policy recommendations.

The Special Adviser should serve as liaison with the Ambassador

at Large for International Religious Freedom, the United States

Commission on International Religious Freedom, Congress and,

as advisable, religious nongovernmental organizations.’’.

(b) E

FFECTIVE

ATE OF

IMITATION ON

UMBER OF

ROFES

SIONAL

TAFF

.—The limitation on the number of professional staff

of the National Security Council specified in subsection (e)(3) of

section 101 of the National Security Act of 1947, as amended

by subsection (a) of this section, shall take effect on the date

that is 18 months after the date of the enactment of this Act.

SEC. 1086. NATIONAL BIODEFENSE STRATEGY.

(a) S

TRATEGY AND

MPLEMENTATION

LAN

EQUIRED

.—The Sec-

retary of Defense, the Secretary of Health and Human Services,

the Secretary of Homeland Security, and the Secretary of Agri-

culture shall jointly develop a national biodefense strategy and

associated implementation plan, which shall include a review and

assessment of biodefense policies, practices, programs and initia-

tives. Such Secretaries shall review and, as appropriate, revise

the strategy biennially.

(b) E

LEMENTS

.—The strategy and associated implementation

plan required under subsection (a) shall include each of the fol-

lowing:

(1) An inventory and assessment of all existing strategies,

plans, policies, laws, and interagency agreements related to

biodefense, including prevention, deterrence, preparedness,

detection, response, attribution, recovery, and mitigation.

(2) A description of the biological threats, including

biological warfare, bioterrorism, naturally occurring infectious

diseases, and accidental exposures.

(3) A description of the current programs, efforts, or activi-

ties of the United States Government with respect to preventing

the acquisition, proliferation, and use of a biological weapon,

preventing an accidental or naturally occurring biological out-

break, and mitigating the effects of a biological epidemic.

6 USC 104.

50 USC 3021

note.

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130 STAT. 2424 PUBLIC LAW 114–328—DEC. 23, 2016

(4) A description of the roles and responsibilities of the

Executive Agencies, including internal and external coordina-

tion procedures, in identifying and sharing information related

to, warning of, and protection against, acts of terrorism using

biological agents and weapons and accidental or naturally

occurring biological outbreaks.

(5) An articulation of related or required interagency

capabilities and whole-of-Government activities required to sup-

port the national biodefense strategy.

(6) Recommendations for strengthening and improving the

current biodefense capabilities, authorities, and command struc-

tures of the United States Government.

(7) Recommendations for improving and formalizing inter-

agency coordination and support mechanisms with respect to

providing a robust national biodefense.

(8) Any other matters the Secretary of Defense, the Sec-

retary of Health and Human Services, the Secretary of Home-

land Security, and the Secretary of Agriculture determine nec-

essary.

UBMITTAL TO

ONGRESS

.—Not later than 275 days after

the date of the enactment of this Act, the Secretary of Defense,

the Secretary of Health and Human Services, the Secretary of

Homeland Security, and the Secretary of Agriculture shall submit

to the appropriate congressional committees the strategy and associ-

ated implementation plan required by subsection (a). The strategy

and implementation plan shall be submitted in unclassified form,

but may include a classified annex.

(d) B

RIEFINGS

.—Not later than March 1, 2017, and annually

thereafter until March 1, 2019, the Secretary of Defense, the Sec-

retary of Health and Human Services, the Secretary of Homeland

Security, and the Secretary of Agriculture shall provide to the

Committee on Armed Services of the House of Representatives,

the Committee on Energy and Commerce of the House of Represent-

atives, the Committee on Homeland Security of the House of Rep-

resentatives, and the Committee on Agriculture of the House of

Representatives a joint briefing on the strategy developed under

subsection (a) and the status of the implementation of such strategy.

(e) GAO R

EVIEW

.—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) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’ means

the following:

(1) The congressional defense committees.

(2) The Committee on Energy and Commerce of the House

of Representatives and the Committee on Health, Education,

Labor, and Pensions of the Senate.

(3) The Committee on Homeland Security of the House

of Representatives and the Committee on Homeland Security

and Governmental Affairs of the Senate.

(4) The Committee on Agriculture of the House of Rep-

resentatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate.

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130 STAT. 2425 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1087. GLOBAL CULTURAL KNOWLEDGE NETWORK.

(a) P

ROGRAM

UTHORIZED

.—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) G

OALS

.—The Global Cultural Knowledge Network shall sup-

port the following goals:

(1) Provide socio-cultural analysis support to any unit

deployed, or preparing to deploy, to an exercise or operation

in the assigned region of responsibility of the unit being sup-

ported.

(2) Make recommendations or support policy or doctrine

development to increase the social science expertise of military

and civilian personnel of the Department of the Army.

(3) Provide reimbursable support to other military depart-

ments or Federal agencies if requested through an operational

needs request process.

LEMENTS OF THE

ROGRAM

.—The Global Cultural Knowl-

edge Network shall include the following elements:

(1) A center in the continental United States (referred

to in this section as a ‘‘reach-back center’’) to support requests

for information, research, and analysis.

(2) Outreach to academic institutions and other Federal

agencies involved in social science research to increase the

network of resources for the reach-back center.

(3) Training with operational units during annual training

exercises or during pre-deployment training.

(4) The training, contracting, and human resources capacity

to rapidly respond to contingencies in which social science

expertise is requested by operational commanders through an

operational needs request process.

(d) D

IRECTIVE

EQUIRED

.—The Secretary of the Army shall

issue a directive within one year after the date of the enactment

of this Act for the governance of the Global Cultural Knowledge

Network, including oversight and process controls for auditing the

activities of personnel of the Network, the employment of the Global

Cultural Knowledge Network by operational forces, and processes

for requesting support by operational Army units and other Depart-

ment of Defense and Federal entities.

(e) P

ROHIBITION ON

EPLOYMENTS

NDER

LOBAL

ULTURAL

NOWLEDGE

ETWORK

.—

(1) P

ROHIBITION

.—The Secretary of the Army may not

deploy social scientists of the Global Cultural Knowledge Net-

work in a conflict zone.

(2) W

AIVER

.—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) E

LEMENTS OF WAIVER NOTICE

.—A waiver notice under

this subsection also shall include the following:

10 USC 3013

note.

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130 STAT. 2426 PUBLIC LAW 114–328—DEC. 23, 2016

(A) The operational unit, or units, requesting support,

including the location or locations where the social sci-

entists are to be deployed.

(B) The number of Global Cultural Knowledge Network

personnel to be deployed and the anticipated duration of

such deployments.

ment.

SEC. 1088. SENSE OF CONGRESS REGARDING CONNECTICUT’S SUB-

MARINE CENTURY.

(a) F

INDINGS

.—Congress makes the following findings:

(1) On March 2, 1867, Congress enacted a naval appropria-

tions Act that authorized the Secretary of the Navy to ‘‘receive

and accept a deed of gift, when offered by the State of Con-

necticut, of a tract of land with not less than one mile of

shore front on the Thames River near New London, Con-

necticut, to be held by the United States for naval purposes’’.

(2) The people of Connecticut and the towns and cities

in the southeastern region of Connecticut subsequently gifted

land to establish a military installation to fulfil the Nation’s

need for a naval facility on the Atlantic coast.

(3) On April 11, 1868, the Navy accepted the deed of

gift of land from Connecticut to establish a naval yard and

storage depot along the eastern shore of the Thames River

in Groton, Connecticut.

(4) Between 1868 and 1912, the New London Navy Yard

supported a diverse range of missions, including berthing inac-

tive Civil War era ironclad warships and serving as a coaling

station for refueling naval ships traveling in New England

waters.

(5) Congress rejected the Navy’s proposal to close New

London Navy Yard in 1912, following an impassioned effort

by Congressman Edwin W. Higgins, who stated that ‘‘this action

proposed is not only unjust but unreasonable and unsound

as a military proposition’’.

(6) The outbreak of World War I and the enemy use of

submarines to sink allied military and civilian ships in the

Atlantic sparked a new focus on developing submarine capabili-

ties in the United States.

(7) October 18, 1915, marked the arrival at the New London

Navy Yard of the submarines G–1, G–2, and G–4 under the

care of the tender USS Ozark and the arrival of submarines

E–1, D–1, and D–3 under the care of the tender USS Tonopah.

November 1, 1915, marked the arrival of the first ship built

as a submarine tender, the USS Fulton (AS–1).

(8) On June 21, 1916, Commander Yeates Stirling assumed

the command of the newly designated Naval Submarine Base

New London, the New London Submarine Flotilla, and the

Submarine School.

(9) In the 100 years since the arrival of the first submarines

to the base, Naval Submarine Base New London has grown

to occupy more than 680 acres along the east side of the

Thames River, with more than 160 major facilities, 15 nuclear

submarines, and more than 70 tenant commands and activities,

including the Submarine Learning Center, Naval Submarine

School, the Naval Submarine Medical Research Laboratory,

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130 STAT. 2427 PUBLIC LAW 114–328—DEC. 23, 2016

the Naval Undersea Medical Institute, and the newly estab-

lished Undersea Warfighting Development Center.

(10) In addition to being the site of the first submarine

base in the United States, Connecticut was home to the fore-

most submarine manufacturers of the time, the Lake Torpedo

Boat Company in Bridgeport and the Electric Boat Company

in Groton, which later became General Dynamics Electric Boat.

(11) General Dynamics Electric Boat, its talented

workforce, and its Connecticut-based and nationwide network

of suppliers have delivered more than 200 submarines from

its current location in Groton, Connecticut, including the first

nuclear-powered submarine, the USS Nautilus (SSN 571), and

nearly half of the nuclear submarines ever built by the United

States.

(12) The Submarine Force Museum, located adjacent to

Naval Submarine Base New London in Groton, Connecticut,

is the only submarine museum operated by the United States

Navy and today serves as the primary repository for artifacts,

documents, and photographs relating to the bold and coura-

geous history of the Submarine Force and highlights as its

core exhibit the Historic Ship Nautilus (SSN 571) following

her retirement from service.

(13) Reflecting the close ties between Connecticut and the

Navy that began with the gift of land that established the

base, the State of Connecticut has set aside $40,000,000 in

funding for critical infrastructure investments to support the

mission of the base, including construction of a new dive locker

building, expansion of the Submarine Learning Center, and

modernization of energy infrastructure.

(14) On September 29, 2015, Connecticut Governor Dannel

Malloy designated October 2015 through October 2016 as

Connecticut’s Submarine Century, a year-long observance that

celebrates 100 years of submarine activity in Connecticut,

including the Town of Groton’s distinction as the Submarine

Capital of the World, to coincide with the centennial anniver-

sary of the establishment of Naval Submarine Base New

London and the Naval Submarine School.

(15) Whereas Naval Submarine Base New London still

proudly proclaims its motto of ‘‘The First and Finest’’.

(16) Congressman Higgins’ statement before Congress in

1912 that ‘‘Connecticut stands ready, as she always has, to

bear her part of the burdens of the national defense’’ remains

true today.

(b) S

ENSE OF

ONGRESS

.—Congress—

(1) commends the longstanding dedication and contribution

to the Navy and submarine force by the people of Connecticut,

both through the initial deed of gift that established what

would become Naval Submarine Base New London and through

their ongoing commitment to support the mission of the base

and the Navy personnel assigned to it;

(2) honors the submariners who have trained and served

at Naval Submarine Base New London throughout its history

in support of the Nation’s security and undersea superiority;

(3) recognizes the contribution of the industry and

workforce of Connecticut in designing, building, and sustaining

the Navy’s submarine fleet; and

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130 STAT. 2428 PUBLIC LAW 114–328—DEC. 23, 2016

(4) encourages the recognition of Connecticut’s Submarine

Century by Congress, the Navy, and the American people by

honoring the contribution of the people of Connecticut to the

defense of the United States and the important role of the

submarine force in safeguarding the security of the United

States for more than a century.

SEC. 1089. SENSE OF CONGRESS REGARDING THE REPORTING OF THE

MV–22 MISHAP IN MARANA, ARIZONA, ON APRIL 8, 2000.

It is the sense of Congress that—

(1) in the report accompanying H.R. 1735 of the 114th

Congress (House Report 114–102), the Committee on Armed

Services of the House of Representatives encouraged the Sec-

retary of Defense to ‘‘publicly clarify the causes of the MV-

22 mishap at Marana Northwest Regional Airport, Arizona,

in a way consistent with the results of all investigations as

soon as possible’’;

(2) the Deputy Secretary of Defense Robert O. Work did

an excellent job reviewing the investigations of such mishap

and concluded that there was a misrepresentation of facts

by the media which incorrectly identified pilot error as the

cause of the mishap which the Deputy Secretary publicly made

known in March 2016; and

(3) Congress is grateful for the successful conclusion to

this tragic situation.

SEC. 1090. COST OF WARS.

The Secretary of Defense, in consultation with the Commis-

sioner of the Internal Revenue Service and the Director of the

Bureau of Economic Analysis, shall post on the public Internet

website of the Department of Defense the costs to each United

States taxpayer of each of the wars in Afghanistan, Iraq, and

Syria.

SEC. 1091. RECONNAISSANCE STRIKE GROUP MATTERS.

(a) M

ODELING OF

LTERNATIVE

RMY

ESIGN AND

PERATIONAL

ONCEPT

.—

(1) A

NALYSES REQUIRED

.—The Chairman of the Joint Chiefs

of Staff and the Chief of Staff of the Army, in consultation

with the commanding general of the United States European

Command, shall each conduct a separate analysis of alternative

Army operational concepts and organizational designs, known

as the Reconnaissance Strike Group, as recommended by the

National Commission on the Future of the United States Army.

(2) A

SSESSMENT OF ANALYSES

.—The Chairman of the Joint

Chiefs of Staff and Chief of Staff of the Army shall then

each separately assess the operational merits, feasible force

mix under programmed end-strength, estimated costs for

assessed potential force structure changes, and strategic force

sufficiency and risk of each analysis conducted under paragraph

(1).

(b) R

EPORTS

EQUIRED

.—Not later than one year after the

date of the enactment of this Act, the Chairman of the Joint

Chiefs of Staff and the Chief of Staff of the Army shall each

submit to the Committees on Armed Services of the Senate and

House of Representatives a separate report on the alternative

designs and operational concepts analyzed under subsection (a)(1).

Each such report shall include an assessment of the merits and

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130 STAT. 2429 PUBLIC LAW 114–328—DEC. 23, 2016

sufficiency of such designs and concepts, the potential for future

experimentation (such as a follow-on pilot program), and the rec-

ommendation of the Chairman and Chief of Staff, as the case

may be, regarding the Reconnaissance Strike Group.

NDEPENDENT

SSESSMENTS

EQUIRED

.—Before submittal

of the reports required under subsection (b), the Chairman of the

Joint Chiefs of Staff and the Chief of Staff of the Army shall

each select a Federally Funded Research and Development Center

to review and evaluate each report. The review and evaluation

of each report shall be submitted to the Committees on Armed

Services of the Senate and House of Representatives together with

the reports under subsection (b).

SEC. 1092. BORDER SECURITY METRICS.

(a) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means—

(A) the Committee on Homeland Security and Govern-

mental Affairs of the Senate; and

(B) the Committee on Homeland Security of the House

of Representatives.

(2) C

ONSEQUENCE DELIVERY SYSTEM

.—The term ‘‘Con-

sequence Delivery System’’ means the series of consequences

applied by U.S. Border Patrol in collaboration with other Fed-

eral agencies to persons unlawfully entering the United States,

in order to prevent unlawful border crossing recidivism.

(3) G

OT AWAY

.—The term ‘‘got away’’ means an unlawful

border crosser who—

(A) is directly or indirectly observed making an unlaw-

ful entry into the United States;

(B) is not apprehended; and

(4) K

NOWN MARITIME MIGRANT FLOW

.—The term ‘‘known

maritime migrant flow’’ means the sum of the number of

undocumented migrants—

(A) interdicted in the waters over which the United

States has jurisdiction;

(B) identified at sea either directly or indirectly, but

not interdicted;

were otherwise reported, with a significant degree of cer-

tainty, as having entered, or attempted to enter, the United

States through the maritime border.

(5) M

AJOR VIOLATOR

.—The term ‘‘major violator’’ means

a person or entity that has engaged in serious criminal activities

at any land, air, or sea port of entry, including the following:

(A) Possession of illicit drugs.

(B) Smuggling of prohibited products.

(D) Possession of illegal weapons.

(E) Use of fraudulent documents.

(F) Any other offense that is serious enough to result

in an arrest.

(6) S

ECRETARY

.—The term ‘‘the Secretary’’ means the Sec-

retary of Homeland Security.

6 USC 223.

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130 STAT. 2430 PUBLIC LAW 114–328—DEC. 23, 2016

(7) S

ITUATIONAL AWARENESS

.—The term ‘‘situational aware-

ness’’ means knowledge and understanding of current unlawful

cross-border activity, including the following:

(A) Threats and trends concerning illicit trafficking

and unlawful crossings.

(B) The ability to forecast future shifts in such threats

and trends.

at a level sufficient to create actionable plans.

(D) The operational capability to conduct persistent

and integrated surveillance of the international borders

of the United States.

(8) T

RANSIT ZONE

.—The term ‘‘transit zone’’ means the

sea corridors of the western Atlantic Ocean, the Gulf of Mexico,

the Caribbean Sea, and the eastern Pacific Ocean through

which undocumented migrants and illicit drugs transit, either

directly or indirectly, to the United States.

(9) T

URN BACK

.—The term ‘‘turn back’’ means an unlawful

border crosser who, after making an unlawful entry into the

United States, responds to United States enforcement efforts

by returning promptly to the country from which such crosser

entered.

(10) U

NLAWFUL BORDER CROSSING EFFECTIVENESS RATE

.—

The term ‘‘unlawful border crossing effectiveness rate’’ means

the percentage that results from dividing the number of

apprehensions and turn backs by the sum of the number of

apprehensions, estimated undetected unlawful entries, turn

backs, and got aways.

(11) U

NLAWFUL ENTRY

.—The term ‘‘unlawful entry’’ means

an unlawful border crosser who enters the United States and

is not apprehended by a border security component of the

Department of Homeland Security.

(b) M

ETRICS FOR

ECURING THE

ORDER

ETWEEN

ORTS OF

NTRY

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this section, the Secretary shall develop

metrics, informed by situational awareness, to measure the

effectiveness of security between ports of entry. The Secretary

shall annually implement the metrics developed under this

subsection, which shall include the following:

(A) Estimates, using alternative methodologies where

appropriate, including recidivism data, survey data, known-

flow data, and technologically-measured data, of the fol-

lowing:

(i) The rate of apprehension of attempted unlawful

border crossers.

(ii) The number of detected unlawful entries.

(iii) The number of estimated undetected unlawful

entries.

(iv) Turn backs.

(v) Got aways.

(B) A measurement of situational awareness achieved

in each U.S. Border Patrol sector.

each U.S. Border Patrol sector.

(D) A probability of detection rate, which compares

the estimated total unlawful border crossing attempts not

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130 STAT. 2431 PUBLIC LAW 114–328—DEC. 23, 2016

detected by U.S. Border Patrol to the unlawful border

crossing effectiveness rate under subparagraph (C), as

informed by subparagraph (A).

(E) The number of apprehensions in each U.S. Border

Patrol sector.

(F) The number of apprehensions of unaccompanied

alien children, and the nationality of such children, in

each U.S. Border Patrol sector.

(G) The number of apprehensions of family units, and

the nationality of such family units, in each U.S. Border

Patrol sector.

(H) An illicit drugs seizure rate for drugs seized by

U.S. Border Patrol between ports of entry, which compares

the ratio of the amount and type of illicit drugs seized

between ports of entry in any fiscal year to the average

of the amount and type of illicit drugs seized between

ports of entry in the immediately preceding five fiscal years.

(I) Estimates of the impact of the Consequence Delivery

System on the rate of recidivism of unlawful border crossers

over multiple fiscal years.

(J) An examination of each consequence under the

Consequence Delivery System referred to in subparagraph

(I), including the following:

(i) Voluntary return.

(ii) Warrant of arrest or notice to appear.

(iii) Expedited removal.

(iv) Reinstatement of removal.

(v) Alien transfer exit program.

(vi) Criminal consequence program.

(vii) Standard prosecution.

(viii) Operation Against Smugglers Initiative on

Safety and Security.

(2) M

ETRICS CONSULTATION

.—To ensure that authoritative

data sources are utilized in the development of the metrics

described in paragraph (1), the Secretary shall—

(A) consult with the heads of the appropriate compo-

nents of the Department of Homeland Security; and

(B) where appropriate, with the heads of other agen-

cies, including the Office of Refugee Resettlement of the

Department of Health and Human Services and the Execu-

tive Office for Immigration Review of the Department of

Justice.

(3) M

ANNER OF COLLECTION

.—The data collected to inform

the metrics developed in accordance with paragraph (1) shall

be collected and reported in a consistent and standardized

manner across all U.S. Border Patrol sectors, informed by situa-

tional awareness.

ETRICS FOR

ECURING THE

ORDER AT

ORTS OF

NTRY

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this section, the Secretary shall develop

metrics, informed by situational awareness, to measure the

effectiveness of security at ports of entry. The Secretary shall

annually implement the metrics developed under this sub-

section, which shall include the following:

(A) Estimates, using alternative methodologies where

appropriate, including recidivism data, survey data, and

randomized secondary screening data, of the following:

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130 STAT. 2432 PUBLIC LAW 114–328—DEC. 23, 2016

(i) Total inadmissible travelers who attempt to,

or successfully, enter the United States at a port of

entry.

(ii) The rate of refusals and interdictions for trav-

elers who attempt to, or successfully, enter the United

States at a port of entry.

(iii) The number of unlawful entries at a port

of entry.

(B) The amount and type of illicit drugs seized by

the Office of Field Operations of U.S. Customs and Border

Protection at ports of entry during the previous fiscal year.

the Office of Field Operations, which compares the ratio

of the amount and type of illicit drugs seized by the Office

of Field Operations in any fiscal year to the average of

the amount and type of illicit drugs seized by the Office

of Field Operations in the immediately preceding five fiscal

years.

(D) The number of infractions related to travelers and

cargo committed by major violators who are interdicted

by the Office of Field Operations at ports of entry, and

the estimated number of such infractions committed by

major violators who are not so interdicted.

(E) In consultation with the heads of the Office of

National Drug Control Policy and the United States

Southern Command, a cocaine seizure effectiveness rate,

which is the percentage resulting from dividing the amount

of cocaine seized by the Office of Field Operations by the

total estimated cocaine flow rate at ports of entry along

the United States land border with Mexico and Canada.

(F) A measurement of how border security operations

affect crossing times, including the following:

(i) A wait time ratio that compares the average

wait times to total commercial and private vehicular

traffic volumes at each land port of entry.

(ii) An infrastructure capacity utilization rate that

measures traffic volume against the physical and

staffing capacity at each land port of entry.

(iii) A secondary examination rate that measures

the frequency of secondary examinations at each land

port of entry.

(iv) An enforcement rate that measures the

effectiveness of such secondary examinations at

detecting major violators.

(G) A seaport scanning rate that includes the following:

(i) The number of all cargo containers that are

considered potentially ‘‘high-risk’’, as determined by

the Executive Assistant Commissioner of the Office

of Field Operations.

(ii) A comparison of the number of potentially high-

risk cargo containers scanned by the Office of Field

Operations at each sea port of entry during a fiscal

year to the total number of high-risk cargo containers

entering the United States at each such sea port of

entry during the previous fiscal year.

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130 STAT. 2433 PUBLIC LAW 114–328—DEC. 23, 2016

(iii) The number of potentially high-risk cargo con-

tainers scanned upon arrival at a United States sea

port of entry.

(iv) The number of potentially high-risk cargo con-

tainers scanned before arrival at a United States sea

port of entry.

(2) M

ETRICS CONSULTATION

.—To ensure that authoritative

data sources are utilized in the development of the metrics

described in paragraph (1), the Secretary shall—

(A) consult with the heads of the appropriate compo-

nents of the Department of Homeland Security; and

(B) where appropriate, work with heads of other appro-

priate agencies, including the Office of Refugee Resettle-

ment of the Department of Health and Human Services

and the Executive Office for Immigration Review of the

Department of Justice.

(3) M

ANNER OF COLLECTION

.—The data collected to inform

the metrics developed in accordance with paragraph (1) shall

be collected and reported in a consistent and standardized

manner across all United States ports of entry, informed by

situational awareness.

(d) M

ETRICS FOR

ECURING THE

ARITIME

ORDER

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this section, the Secretary shall develop

metrics, informed by situational awareness, to measure the

effectiveness of security in the maritime environment. The Sec-

retary shall annually implement the metrics developed under

this subsection, which shall include the following:

(A) Situational awareness achieved in the maritime

environment.

(B) A known maritime migrant flow rate.

inside and outside of a transit zone, which compares the

amount and type of illicit drugs removed, including drugs

abandoned at sea, by the maritime security components

of the Department of Homeland Security in any fiscal year

to the average of the amount and type of illicit drugs

removed by such maritime components for the immediately

preceding five fiscal years.

(D) In consultation with the heads of the Office of

National Drug Control Policy and the United States

Southern Command, a cocaine removal effectiveness rate

for cocaine removed inside a transit zone and outside a

transit zone, which compares the amount of cocaine

removed by the maritime security components of the

Department of Homeland Security by the total documented

cocaine flow rate, as contained in Federal drug databases.

(E) A response rate, which compares the ability of

the maritime security components of the Department of

Homeland Security to respond to and resolve known mari-

time threats, whether inside or outside a transit zone,

by placing assets on-scene, to the total number of events

with respect to which the Department has known threat

information.

(F) An intergovernmental response rate, which com-

pares the ability of the maritime security components of

the Department of Homeland Security or other United

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130 STAT. 2434 PUBLIC LAW 114–328—DEC. 23, 2016

States Government entities to respond to and resolve

actionable maritime threats, whether inside or outside a

transit zone, with the number of such threats detected.

(2) M

ETRICS CONSULTATION

.—To ensure that authoritative

data sources are utilized in the development of the metrics

described in paragraph (1), the Secretary shall—

(A) consult with the heads of the appropriate compo-

nents of the Department of Homeland Security; and

(B) where appropriate, work with the heads of other

agencies, including the Drug Enforcement Agency, the

Department of Defense, and the Department of Justice.

(3) M

ANNER OF COLLECTION

.—The data used by the Sec-

retary shall be collected and reported in a consistent and

standardized manner by the maritime security components of

the Department of Homeland Security, informed by situational

awareness.

(e) A

IR AND

ARINE

ECURITY

ETRICS IN THE

AND

OMAIN

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this section, the Secretary shall develop

metrics, informed by situational awareness, to measure the

effectiveness of the aviation assets and operations of Air and

Marine Operations of U.S. Customs and Border Protection.

The Secretary shall annually implement the metrics developed

under this subsection, which shall include the following:

(A) A flight hour effectiveness rate, which compares

Air and Marine Operations flight hours requirements to

the number of flight hours flown by Air and Marine Oper-

ations.

(B) A funded flight hour effectiveness rate, which com-

pares the number of funded flight hours appropriated to

Air and Marine Operations to the number of actual flight

hours flown by Air and Marine Operations.

aviation missions flown by Air and Marine Operations to

the number of aviation missions cancelled by Air and

Marine Operations due to maintenance, operations, or other

causes.

(D) The number of missions cancelled by Air and

Marine Operations due to weather compared to the total

planned missions.

(E) The number of individuals detected by Air and

Marine Operations through the use of unmanned aerial

systems and manned aircraft.

(F) The number of apprehensions assisted by Air and

Marine Operations through the use of unmanned aerial

systems and manned aircraft.

(G) The number and quantity of illicit drug seizures

assisted by Air and Marine Operations through the use

of unmanned aerial systems and manned aircraft.

(H) The number of times that actionable intelligence

related to border security was obtained through the use

of unmanned aerial systems and manned aircraft.

(2) M

ETRICS CONSULTATION

.—To ensure that authoritative

data sources are utilized in the development of the metrics

described in paragraph (1), the Secretary shall—

(A) consult with the heads of the appropriate compo-

nents of the Department of Homeland Security; and

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130 STAT. 2435 PUBLIC LAW 114–328—DEC. 23, 2016

(B) as appropriate, work with the heads of other

departments and agencies, including the Department of

Justice.

(3) M

ANNER OF COLLECTION

.—The data collected to inform

the metrics developed in accordance with paragraph (1) shall

be collected and reported in a consistent and standardized

manner by Air and Marine Operations, informed by situational

awareness.

(f) D

ATA

RANSPARENCY

.—The Secretary shall—

(1) in accordance with applicable privacy laws, make data

related to apprehensions, inadmissible aliens, drug seizures,

and other enforcement actions available to the public, law

enforcement communities, and academic research communities;

and

(2) provide the Office of Immigration Statistics of the

Department of Homeland Security with unfettered access to

the data referred to in paragraph (1).

(g) E

VALUATION BY THE

OVERNMENT

CCOUNTABILITY

FFICE

AND THE

ECRETARY

.—

(1) M

ETRICS REPORT

.—

(A) M

ANDATORY DISCLOSURES

.—The Secretary shall

submit to the appropriate congressional committees and

the Comptroller General of the United States an annual

report containing the metrics required under this section

and the data and methodology used to develop such metrics.

(B) P

ERMISSIBLE DISCLOSURES

.—The Secretary, for the

purpose of validation and verification, may submit the

annual report described in subparagraph (A) to—

(i) the Center for Borders, Trade, and Immigration

Research of the Centers of Excellence network of the

Department of Homeland Security;

(ii) the head of a national laboratory within the

Department of Homeland Security laboratory network

with prior expertise in border security; and

(iii) a Federally Funded Research and Develop-

ment Center.

(2) GAO

REPORT

.—Not later than 270 days after receiving

the first report under paragraph (1)(A) and biennially thereafter

for the following ten years with respect to every other such

report, the Comptroller General of the United States shall

submit to the appropriate congressional committees a report

that—

(A) analyzes the suitability and statistical validity of

the data and methodology contained in each such report;

and

(B) includes recommendations on—

(i) the feasibility of other suitable metrics that

may be used to measure the effectiveness of border

security; and

(ii) improvements that need to be made to the

metrics being used to measure the effectiveness of

border security.

(3) S

TATE OF THE BORDER REPORT

.—Not later than 60 days

after the end of each fiscal year through fiscal year 2026,

the Secretary shall submit to the appropriate congressional

committees a ‘‘State of the Border’’ report that—

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130 STAT. 2436 PUBLIC LAW 114–328—DEC. 23, 2016

(A) provides trends for each metric under this section

for the last ten fiscal years, to the greatest extent possible;

(B) provides selected analysis into related aspects of

illegal flow rates, including undocumented migrant flows

and stock estimation techniques;

legal flow rates; and

(D) includes any other information that the Secretary

determines appropriate.

(4) M

ETRICS UPDATE

.—

(A) I

N GENERAL

.—After submitting the tenth report

to the Comptroller General under paragraph (1), the Sec-

retary may reevaluate and update any of the metrics devel-

oped in accordance with this section to ensure that such

metrics are suitable to measure the effectiveness of border

security.

(B) C

ONGRESSIONAL NOTIFICATION

.—Not later than 30

days before updating the metrics pursuant to subparagraph

(A), the Secretary shall notify the appropriate congressional

committees of such updates.

SEC. 1093. PROGRAM TO COMMEMORATE THE 100TH ANNIVERSARY

OF THE TOMB OF THE UNKNOWN SOLDIER.

(a) C

OMMEMORATIVE

ROGRAM

.—

(1) I

N GENERAL

.—The Secretary of Defense shall conduct

a program to commemorate the 100th anniversary of the Tomb

of the Unknown Soldier. In conducting the commemorative

program, the Secretary shall coordinate, support, and facilitate

other programs and activities of the Federal Government and

State and local governments.

(2) W

ORK WITH NONGOVERNMENTAL ORGANIZATIONS

.—In

conducting the commemorative program, the Secretary may

work with nongovernmental organizations working to support

the commemoration of the Tomb of the Unknown Soldier. No

public funds may be used to undertake activities sponsored

by such organizations.

(b) S

CHEDULE

.—The Secretary shall determine the schedule

of major events and priority of efforts for the commemorative pro-

gram in order to ensure achievement of the objectives specified

in subsection (c).

OMMEMORATIVE

CTIVITIES AND

BJECTIVES

.—The

commemorative program may include activities and ceremonies to

achieve the following objectives:

(1) To honor America’s commitment to never forget or

forsake those who served and sacrificed for our Country,

including personnel who were held as prisoners of war or listed

as missing in action, and to thank and honor the families

of these veterans.

(2) To highlight the service of the Armed Forces in times

of war or armed conflict and contributions of Federal agencies

and governmental and nongovernmental organizations that

served with, or in support of, the Armed Forces.

(3) To pay tribute to the contributions made on the home

front by the people of the United States in times of war or

armed conflict.

36 USC 101

note prec.

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130 STAT. 2437 PUBLIC LAW 114–328—DEC. 23, 2016

(4) To educate the American Public about service and sac-

rifice on behalf of the United States of America and the prin-

ciples that define and unite us.

(5) To recognize the contributions and sacrifices made by

the allies of the United States during times of war or armed

conflict.

(d) N

AMES AND

YMBOLS

.—The Secretary shall have the sole

and exclusive right to use the name ‘‘The United States of America

Tomb of the Unknown Soldier Commemoration’’, and such seal,

emblems, and badges incorporating such name as the Secretary

may lawfully adopt. Nothing in this section may be construed

to supersede rights that are established or vested before the date

of the enactment of this Act.

(e) C

OMMEMORATION

UND

.—

(1) I

N GENERAL

.—Upon the establishment of the commemo-

rative program under subsection (a), the Secretary of the

Treasury shall establish in the Treasury of the United States

an account to be known as the ‘‘Tomb of the Unknown Soldier

Commemoration Fund’’ (in this subsection referred to as the

‘‘Fund’’). The Fund shall be administered by the Secretary

of Defense.

(2) D

EPOSITS

.—There shall be deposited into the Fund the

following:

(A) Amounts appropriated to the Fund.

(B) Proceeds derived from the use by the Secretary

of Defense of the exclusive rights described in subsection

(d).

program by private and corporate donors.

(D) Funds transferred to the Fund by the Secretary

of Defense from funds appropriated for fiscal year 2017

and subsequent years for the Department of Defense.

(3) U

SE OF FUND

.—The Secretary of Defense shall use

the assets of the Fund only for the purpose of conducting

the commemorative program. The Secretary shall prescribe

such regulations regarding the use of the Fund as the Secretary

considers appropriate.

(4) A

VAILABILITY

.—Amounts deposited under paragraph (2)

shall constitute the assets of the Fund and remain available

until expended.

(5) B

UDGET REQUEST

.—The Secretary of Defense may estab-

lish a separate budget line for the commemorative program.

In the budget justification materials submitted by the Secretary

in support of the budget of the President for any fiscal year

for which the Secretary establishes the separate budget line

(as submitted to Congress pursuant to section 1105 of title

31, United States Code), the Secretary shall—

(A) identify and explain any amounts expended for

the commemorative program in the fiscal year preceding

the budget request;

(B) identify and explain the amounts being requested

to support the commemorative program for the fiscal year

of the budget request; and

(f) A

CCEPTANCE OF

OLUNTARY

ERVICES

.—

(1) A

UTHORITY TO ACCEPT SERVICES

.—Notwithstanding sec-

tion 1342 of title 31, United States Code, the Secretary of

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130 STAT. 2438 PUBLIC LAW 114–328—DEC. 23, 2016

Defense may accept from any person voluntary services to

be provided in furtherance of the commemorative program.

The Secretary shall prohibit the solicitation of any voluntary

services if the nature or circumstances of such solicitation would

compromise the integrity or the appearance of integrity of any

program of the Department of Defense or of any individual

involved in the program.

(2) R

EIMBURSEMENT OF INCIDENTAL EXPENSES

.—The Sec-

retary may provide for reimbursement of incidental expenses

incurred by a person providing voluntary services under this

subsection. The Secretary shall determine which expenses are

eligible for reimbursement under this paragraph.

(g) F

INAL

EPORT

.—Not later than 60 days after the end of

the commemorative program, if established by the Secretary of

Defense under subsection (a), the Secretary shall submit to Congress

a report containing an accounting of the following:

(1) All of the funds deposited into and expended from

the Tomb of the Unknown Soldier Commemoration Fund.

(2) Any other funds expended under this section.

(3) Any unobligated funds remaining in the Fund.

SEC. 1094. SENSE OF CONGRESS REGARDING THE OCONUS BASING

OF THE KC–46A AIRCRAFT.

(a) F

INDING

.—Congress finds that the Department of Defense

is continuing its process of permanently stationing the KC–46A

aircraft at installations in the Continental United States (in this

section referred to as ‘‘CONUS’’) and forward-basing outside the

Continental United States (in this section referred to as

‘‘OCONUS’’).

(b) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

the Secretary of the Air Force, as part of the strategic basing

process for the KC–46A aircraft, should continue to place emphasis

on and consider the benefits derived from outside the continental

United States (OCONUS) locations that—

(1) support day-to-day air refueling operations, combatant

commander operations plans, and flexibility for contingency

ops, and have—

(A) a strategic location that is essential to the defense

of the United States and its interests;

(B) receivers for boom or probe-and-drogue training

opportunities with joint and international partners; and

capacity to meet requirements; and

(2) possess facilities that—

(A) take full advantage of existing infrastructure to

provide—

(i) runway, hangars, and aircrew and maintenance

operations; and

(ii) sufficient fuels receipt, storage, and distribu-

tion for 5-day peacetime operating stock; and

(B) minimize overall construction and operational costs.

SEC. 1095. DESIGNATION OF A DEPARTMENT OF DEFENSE STRATEGIC

ARCTIC PORT.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

the Arctic is a region of growing strategic importance to the national

security interest of the United States and that the Department

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130 STAT. 2439 PUBLIC LAW 114–328—DEC. 23, 2016

of Defense must better align its posture and capabilities to meet

the growing array of challenges in the region.

(b) A

RCTIC

EFINED

.—In this section, the term ‘‘Arctic’’ has

the meaning given that term in section 112 of the Arctic Research

and Policy Act of 1984 (15 U.S.C. 4111).

EPORT

EQUIRED

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense, in consulta-

tion with the Chairman of the Joint Chiefs of Staff, the Com-

manding General of the United States Army Corps of Engineers,

the Commandant of the Coast Guard, and the Administrator of

the Maritime Administration, shall submit to the congressional

defense committees a report containing an assessment of the future

security requirements for one or more strategic ports in the Arctic.

(d) C

ONTENTS OF

EPORT

.—Consistent with the updated mili-

tary strategy for the protection of United States national security

interests in the Arctic region set forth in the reports required

under section 1068 of the National Defense Authorization Act for

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 992), the report

required under subsection (c) shall include—

(1) the amount of sufficient and suitable space needed

to create capacity for port and other necessary infrastructure

for at least one of each of type of Navy or Coast Guard vessel,

including an Arleigh Burke class destroyer of the Navy, or

a national security cutter or a heavy polar ice breaker of the

Coast Guard;

(2) the amount of sufficient and suitable space needed

to create capacity for equipment and fuel storage, technological

infrastructure, and civil infrastructure to support military and

civilian operations, including—

(A) aerospace warning;

(B) maritime surface and subsurface warning;

(D) maritime domain awareness;

(E) homeland defense;

(F) defense support to civil authorities;

(G) humanitarian relief;

(H) search and rescue;

(I) disaster relief;

(J) oil spill response;

(K) medical stabilization and evacuation; and

(L) meteorological measurements and forecasting;

(3) an identification of proximity and road access to an

airport designated as a commercial service airport by the Fed-

eral Aviation Administration that is capable of supporting mili-

tary and civilian aircraft for operations designated in paragraph

(2); and

(4) a description of the requirements, to include infrastruc-

ture and installations, communications, and logistics necessary

to improve response effectiveness to support military and

civilian operations designated in paragraph (2).

(e) D

ESIGNATION OF

TRATEGIC

RCTIC

ORTS

.—

(1) D

ESIGNATION CRITERIA AND RECOMMENDATIONS

.—Upon

completion of the report required under subsection (c), the

Secretary of Defense, in consultation with the Chairman of

the Joint Chiefs of Staff, the Commanding General of the

United States Army Corps of Engineers, the Commandant of

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130 STAT. 2440 PUBLIC LAW 114–328—DEC. 23, 2016

the Coast Guard, the Administrator of the Maritime Adminis-

tration, shall—

(A) establish criteria for the designation of a port as

a ‘‘Department of Defense Strategic Arctic Port’’; and

(B) if the report required under subsection (c) includes

a determination that one or more strategic Arctic ports

are necessary to fulfill future security requirements in

the Arctic, not later than 18 months after the date of

the completion of the report, submit to the congressional

defense committees recommendations for the designation

of one or more ports as Department of Defense Strategic

Arctic Ports.

(2) C

OST ESTIMATES

.—The recommendations submitted

under paragraph (1)(B) shall include the estimated cost of

sufficient construction necessary to initiate and sustain

expected operations at the ports designated as Department

of Defense Strategic Arctic Ports.

(f) R

ULE OF

ONSTRUCTION

.—Nothing in this section may be

construed to authorize any additional appropriations for the Depart-

ment of Defense for the establishment of any port recommended

pursuant to this section.

SEC. 1096. RECOVERY OF EXCESS RIFLES, AMMUNITION, AND PARTS

GRANTED TO FOREIGN COUNTRIES AND TRANSFER TO

CERTAIN PERSONS.

(a) R

ECOVERY

.—Subchapter II of chapter 407 of title 36, United

States Code, is amended by inserting after section 40728A the

following new section:

‘‘§ 40728B. Recovery of excess rifles, ammunition, and parts

granted to foreign countries and transfer to cer-

tain persons

‘‘(a) A

UTHORITY TO

ECOVER

.—(1) Subject to paragraph (2) and

subsection (b), the Secretary of the Army may acquire from any

person any rifle, ammunition, repair parts, or other supplies

described in section 40731(a) of this title which were—

‘‘(A) provided to any country on a grant basis under the

conditions imposed by section 505 of the Foreign Assistance

Act of 1961 (22 U.S.C. 2314) that became excess to the needs

of such country; and

‘‘(B) lawfully acquired by such person.

‘‘(2) The Secretary of the Army may not acquire anything under

paragraph (1) except for transfer to a person in the United States

under subsection (c).

‘‘(3) The Secretary of the Army may accept rifles, ammunition,

repair parts, or other supplies under paragraph (1) notwithstanding

section 1342 of title 31.

‘‘(b) C

OST OF

ECOVERY

.—The Secretary of the Army may not

acquire anything under subsection (a) if the United States would

incur any cost for such acquisition.

‘‘(c) A

VAILABILITY FOR

RANSFER

.—Any rifles, ammunition,

repair parts, or supplies acquired under subsection (a) shall be

available for transfer in the United States to the person from

whom acquired if such person—

‘‘(1) is licensed as a manufacturer, importer, or dealer

pursuant to section 923(a) of title 18; and

36 USC 40728B.

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130 STAT. 2441 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) uses an ammunition depot of the Army that is an

eligible facility for receipt of any rifles, ammunition, repair

parts, or supplies under this paragraph.

‘‘(d) M

ARKET

ALUE

.—The Secretary of the Army may only

transfer an item under subsection (c) if the Secretary receives

fair market value for the item.

‘‘(e) C

ONTRACTS

.—Notwithstanding subsection (k) of section

2304 of title 10, the Secretary may enter into such contracts or

cooperative agreements on a sole source basis pursuant to para-

graphs (4) and (5) of subsection (c) of such section to carry out

this section.

‘‘(f) AECA.—Transfers authorized under this section may only

be made in accordance with applicable provisions of the Arms

Export Control Act (22 U.S.C. 2778).

‘‘(g) R

IFLE

EFINED

.—In this section, the term ‘rifle’ has the

meaning given such term in section 921 of title 18.’’.

(b) S

ALE

.—Section 40732 of such title is amended—

(1) by adding at the end the following new subsection:

‘‘(d) S

ALES BY

THER

ERSONS

.—A person who receives a rifle

or any ammunition, repair parts, or supplies under section

40728B(c) of this title may sell, at fair market value, such rifle,

ammunition, repair parts, or supplies. With respect to rifles other

than caliber .22 rimfire and caliber .30 rifles, the seller shall obtain

a license as a dealer in rifles and abide by all requirements imposed

on persons licensed under chapter 44 of title 18, including

maintaining acquisition and disposition records, and conducting

background checks.’’; and

(2) in subsection (c)(1), by striking ‘‘The corporation may

not’’ and inserting ‘‘No person acquiring a firearm under this

chapter may’’.

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 407 of such title is amended by inserting after

the item relating to section 40728A the following new item:

‘‘40728B. Recovery of excess rifles, ammunition, and parts granted to foreign coun-

tries and transfer to certain persons.’’.

(d) R

EPORT

.—

(1) R

EPORT REQUIRED

.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of the Army

shall submit to the Committee on Armed Services and the

Committee on Foreign Relations of the Senate and the Com-

mittee on Armed Services and the Committee on Foreign Affairs

of the House of Representatives a report on the acquisition

and transfer of excess rifles, ammunition, repair parts, and

other supplies described in section 40731(a) of title 36, United

States Code, that were provided to a country on a grant basis

under the conditions imposed by section 505 of the Foreign

Assistance Act of 1961. The report shall include each of the

following:

(A) A list of excess rifles, ammunition, repair parts,

and other supplies known to the United States Army as

eligible for transfer under section 40731(a) of title 36,

United States Code.

(B) An assessment of whether and how the Secretary

of the Army intends to use the authorities under section

40728B of title 36, United States Code, as added by this

section.

36 USC 40728B

note.

36 USC 40701

prec.

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130 STAT. 2442 PUBLIC LAW 114–328—DEC. 23, 2016

considers appropriate.

(2) P

ROHIBITION ON TRANSFERS PENDING SUBMITTAL OF

REPORT

.—No rifle, ammunition, repair part, or supplies

acquired under section 40728B(a) of title 36, United States

Code, may be transferred until the date that is 90 days after

the date of the submittal of the report required under paragraph

(1).

TITLE XI—CIVILIAN PERSONNEL

MATTERS

Subtitle A—Department of Defense Matters Generally

Sec. 1101. Civilian personnel management.

Sec. 1102. Repeal of requirement for annual strategic workforce plan for the De-

partment of Defense.

Sec. 1103. Training for employment personnel of Department of Defense on matters

relating to authorities for recruitment and retention at United States

Cyber Command.

Sec. 1104. Public-private talent exchange.

Sec. 1105. Temporary and term appointments in the competitive service in the De-

partment of Defense.

Sec. 1106. Direct-hire authority for the Department of Defense for post-secondary

students and recent graduates.

Sec. 1107. Temporary increase in maximum amount of voluntary separation incen-

tive pay authorized for civilian employees of the Department of Defense.

Sec. 1108. Extension of rate of overtime pay for Department of the Navy employees

performing work aboard or dockside in support of the nuclear-powered

aircraft carrier forward deployed in Japan.

Sec. 1109. Limitation on number of DOD SES positions.

Sec. 1110. Direct hire authority for financial management experts in the Depart-

ment of Defense workforce.

Sec. 1111. Repeal of certain basis for appointment of a retired member of the

Armed Forces to Department of Defense position within 180 days of re-

tirement.

Subtitle B—Department of Defense Science and Technology Laboratories and

Related Matters

Sec. 1121. Permanent personnel management authority for the Department of De-

fense for experts in science and engineering.

Sec. 1122. Codification and modification of certain authorities for certain positions

at Department of Defense research and engineering laboratories.

Sec. 1123. Modification to information technology personnel exchange program.

Sec. 1124. Pilot program on enhanced pay authority for certain research and tech-

nology positions in the science and technology reinvention laboratories

of the Department of Defense.

Sec. 1125. Temporary direct hire authority for domestic defense industrial base fa-

cilities, the Major Range and Test Facilities Base, and the Office of the

Director of Operational Test and Evaluation.

Subtitle C—Governmentwide Matters

Sec. 1131. Elimination of two-year eligibility limitation for noncompetitive appoint-

ment of spouses of members of the Armed Forces.

Sec. 1132. Temporary personnel flexibilities for domestic defense industrial base fa-

cilities and Major Range and Test Facilities Base civilian personnel.

Sec. 1133. One-year extension of temporary authority to grant allowances, benefits,

and gratuities to civilian personnel on official duty in a combat zone.

Sec. 1134. Advance payments for employees relocating within the United States

and its territories.

Sec. 1135. Eligibility of employees in a time-limited appointment to compete for a

permanent appointment at any Federal agency.

Sec. 1136. Review of official personnel file of former Federal employees before re-

hiring.

Sec. 1137. One-year extension of authority to waive annual limitation on premium

pay and aggregate limitation on pay for Federal civilian employees

working overseas.

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130 STAT. 2443 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 1138. Administrative leave.

Sec. 1139. Direct hiring for Federal wage schedule employees.

Sec. 1140. Record of investigation of personnel action in separated employee’s offi-

cial personnel file.

Subtitle A—Department of Defense Matters

Generally

SEC. 1101. CIVILIAN PERSONNEL MANAGEMENT.

(a) M

ODIFICATION OF

ANAGEMENT

IMITATIONS

.—Section 129

of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) in the first sentence, by striking ‘‘solely’’;

(B) in the second sentence—

(i) by striking ‘‘The management of such personnel

in any fiscal year shall not be subject to any’’ and

inserting ‘‘Any’’; and

(ii) by inserting before the period the following:

‘‘shall be developed on the basis of those factors and

shall be subject to adjustment solely for reasons of

changed circumstances’’; and

reduction’’ and all that follows and inserting ‘‘except in

accordance with the requirements of this section and sec-

tion 129a of this title.’’;

(2) by striking subsections (b), (c), (e), and (f);

(3) by redesignating subsection (d) as subsection (b); and

(4) by adding at the end the following new subsection

(c):

‘‘(c)(1) Not later than February 1 of each year—

‘‘(A) the Secretary of Defense shall submit to the congres-

sional defense committees a report on the management of the

civilian workforce of the Office of the Secretary of Defense

and the Defense Agencies and Field Activities; and

‘‘(B) the Secretary of each military department shall submit

to the congressional defense committees a report on the

management of the civilian workforces under the jurisdiction

of such Secretary.

‘‘(2) Each report under paragraph (1) shall contain, with respect

to the civilian workforce under the jurisdiction of the official submit-

ting the report, the following:

‘‘(A) An assessment of the projected size of such civilian

workforce in the current year and for each year in the future-

years defense program.

‘‘(B) If the projected size of such civilian workforce has

changed from the previous year’s projected size, an explanation

of the reasons for the increase or decrease from the previous

projection, including an explanation of any efforts that have

been taken to identify offsetting reductions and avoid unneces-

sary overall growth in the size of the civilian workforce.

‘‘(C) In the case of a transfer of functions between military,

civilian, and contractor workforces, an explanation of the rea-

sons for the transfer and the steps that have been taken to

control the overall cost of the function to the Department.’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) S

ECTION HEADING

.—The heading of such section is

amended to read as follows:

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130 STAT. 2444 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘§ 129. Civilian personnel management’’.

(2) C

LERICAL AMENDMENT

.—The item relating to such sec-

tion in the table of sections at the beginning of chapter 3

of such title is amended to read as follows:

‘‘129. Civilian personnel management.’’.

SEC. 1102. REPEAL OF REQUIREMENT FOR ANNUAL STRATEGIC

WORKFORCE PLAN FOR THE DEPARTMENT OF DEFENSE.

(a) R

EPEAL

.—Section 115b of title 10, United States Code, is

repealed.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 2 of such title is amended by striking the item

relating to section 115b.

SEC. 1103. TRAINING FOR EMPLOYMENT PERSONNEL OF DEPARTMENT

OF DEFENSE ON MATTERS RELATING TO AUTHORITIES

FOR RECRUITMENT AND RETENTION AT UNITED STATES

CYBER COMMAND.

(a) T

RAINING

EQUIRED

.—Section 1599f of title 10, United

States Code, is amended—

(1) by redesignating subsections (f), (g), (h), (i), and (j)

as subsections (g), (h), (i), (j), and (k), respectively; and

(2) by inserting after subsection (e) the following new sub-

section (f):

‘‘(f) T

RAINING

.—(1) The Secretary shall provide training to cov-

ered personnel on hiring and pay matters relating to authorities

under this section.

‘‘(2) For purposes of this subsection, covered personnel are

employees of the Department who—

‘‘(A) carry out functions relating to—

‘‘(i) the management of human resources and the

civilian workforce of the Department; or

‘‘(ii) the writing of guidance for the implementation

of authorities regarding hiring and pay under this section;

‘‘(B) are employed in supervisory positions or have respon-

sibilities relating to the hiring of individuals for positions in

the Department and to whom the Secretary intends to delegate

authority under this section.’’.

(b) R

EPORTS

.—

(1) I

NITIAL REPORT

.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of Defense

shall submit to the appropriate committees of Congress (as

defined in section 1599f of title 10, United States Code) a

report on the training the Secretary intends to provide to

each of the employees described in subsection (f)(2) of such

section (as added by subsection (a) of this section) and the

frequency with which the Secretary intends to provide such

training.

(2) O

NGOING REPORTS

.—Subsection (h)(2)(E) of such section,

as redesignated by subsection (a)(1) of this section, is amended

by striking ‘‘supervisors of employees in qualified positions

at the Department on the use of the new authorities’’ and

inserting ‘‘employees described in subsection (f)(2) on the use

of authorities under this section’’.

10 USC 111 prec.

10 USC 121 prec.

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130 STAT. 2445 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1104. PUBLIC-PRIVATE TALENT EXCHANGE.

(a) A

UTHORITY

.—Chapter 81 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 1599g. Public-private talent exchange

‘‘(a) A

SSIGNMENT

UTHORITY

.—Under regulations prescribed by

the Secretary of Defense, the Secretary may, with the agreement

of a private-sector organization and the consent of the employee,

arrange for the temporary assignment of an employee to such

private-sector organization, or from such private-sector organization

to a Department of Defense organization under this section.

‘‘(b) A

GREEMENTS

.—(1) The Secretary of Defense shall provide

for a written agreement among the Department of Defense, the

private-sector organization, and the employee concerned regarding

the terms and conditions of the employee’s assignment under this

section. The agreement—

‘‘(A) shall require that the employee of the Department

of Defense, upon completion of the assignment, will serve in

the Department of Defense, or elsewhere in the civil service

if approved by the Secretary, for a period equal to twice the

length of the assignment;

‘‘(B) shall provide that if the employee of the Department

of Defense or of the private-sector organization (as the case

may be) fails to carry out the agreement, such employee shall

be liable to the United States for payment of all expenses

of the assignment, unless that failure was for good and suffi-

cient reason, as determined by the Secretary of Defense; and

‘‘(C) shall contain language ensuring that such employee

of the Department does not improperly use pre-decisional or

draft deliberative information that such employee may be privy

to or aware of related to Department programing, budgeting,

resourcing, acquisition, or procurement for the benefit or advan-

tage of the private-sector organization.

‘‘(2) An amount for which an employee is liable under paragraph

(1) shall be treated as a debt due the United States.

‘‘(3) The Secretary may waive, in whole or in part, collection

of a debt described in paragraph (2) based on a determination

that the collection would be against equity and good conscience

and not in the best interests of the United States, after taking

into account any indication of fraud, misrepresentation, fault, or

lack of good faith on the part of the employee.

‘‘(c) T

ERMINATION

.—An assignment under this section may, at

any time and for any reason, be terminated by the Department

of Defense or the private-sector organization concerned.

‘‘(d) D

URATION

.—(1) An assignment under this section shall

be for a period of not less than three months and not more than

two years, renewable up to a total of four years. No employee

of the Department of Defense may be assigned under this section

for more than a total of 4 years inclusive of all such assignments.

‘‘(2) An assignment under this section may be for a period

in excess of two years, but not more than four years, if the Secretary

determines that such assignment is necessary to meet critical mis-

sion or program requirements.

‘‘(e) S

TATUS OF

EDERAL

MPLOYEES

SSIGNED TO

RIVATE

SECTOR

RGANIZATIONS

.—(1) An employee of the Department of

Defense who is assigned to a private-sector organization under

this section shall be considered, during the period of assignment,

10 USC 1599g.

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130 STAT. 2446 PUBLIC LAW 114–328—DEC. 23, 2016

to be on detail to a regular work assignment in the Department

for all purposes. The written agreement established under sub-

section (b)(1) shall address the specific terms and conditions related

to the employee’s continued status as a Federal employee.

‘‘(2) In establishing a temporary assignment of an employee

of the Department of Defense to a private-sector organization, the

Secretary of Defense shall—

‘‘(A) ensure that the normal duties and functions of such

employee can be reasonably performed by other employees of

the Department of Defense without the transfer or reassign-

ment of other personnel of the Department of Defense, including

members of the armed forces;

‘‘(B) ensure that the normal duties and functions of such

employees are not, as a result of and during the course of

such temporary assignment, performed or augmented by con-

tractor personnel in violation of the provisions of section 2461

of this title; and

‘‘(C) certify that the temporary assignment of such

employee shall not have an adverse or negative impact on

mission attainment, warfighter support, or organizational

capabilities associated with the assignment.

‘‘(f) T

ERMS AND

ONDITIONS FOR

RIVATE

SECTOR

MPLOYEES

.—

An employee of a private-sector organization who is assigned to

a Department of Defense organization under this section—

‘‘(1) shall continue to receive pay and benefits from the

private-sector organization from which such employee is

assigned and shall not receive pay or benefits from the Depart-

ment of Defense, except as provided in paragraph (2);

‘‘(2) is deemed to be an employee of the Department of

Defense for the purposes of—

‘‘(A) chapters 73 and 81 of title 5;

‘‘(B) sections 201, 203, 205, 207, 208, 209, 603, 606,

607, 643, 654, 1905, and 1913 of title 18;

‘‘(C) sections 1343, 1344, and 1349(b) of title 31;

‘‘(D) the Federal Tort Claims Act and any other Federal

tort liability statute;

‘‘(E) the Ethics in Government Act of 1978; and

‘‘(F) chapter 21 of title 41;

‘‘(3) shall not have access to any trade secrets or to any

other nonpublic information which is of commercial value to

the private-sector organization from which such employee is

assigned;

‘‘(4) may perform work that is considered inherently govern-

mental in nature only when requested in writing by the Sec-

retary of Defense; and

‘‘(5) may not be used to circumvent the provision of section

2461 of this title nor to circumvent any limitation or restriction

on the size of the Department’s workforce.

‘‘(g) P

ROHIBITION

GAINST

HARGING

ERTAIN

OSTS TO THE

EDERAL

OVERNMENT

.—A private-sector organization may not

charge the Department or any other agency of the Federal Govern-

ment, as direct or indirect costs under a Federal contract, the

costs of pay or benefits paid by the organization to an employee

assigned to a Department organization under this section for the

period of the assignment.

‘‘(h) C

ONSIDERATIONS

.—In carrying out this section, the Sec-

retary of Defense—

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130 STAT. 2447 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(1) shall ensure that, of the assignments made under

this section each year, at least 20 percent are from small

business concerns (as defined by section 3703(e)(2)(A) of title

5);

‘‘(2) shall take into consideration the question of how

assignments under this section might best be used to help

meet the needs of the Department of Defense with respect

to the training of employees; and

‘‘(3) shall take into consideration, where applicable, areas

of particular private sector expertise, such as cybersecurity.’’.

(b) T

ABLE OF

ECTIONS

MENDMENT

.—The table of sections

at the beginning of such chapter is amended by adding at the

end the following new item:

‘‘1599g. Public-private talent exchange.’’.

SEC. 1105. TEMPORARY AND TERM APPOINTMENTS IN THE COMPETI-

TIVE SERVICE IN THE DEPARTMENT OF DEFENSE.

(a) A

PPOINTMENT

.—

(1) I

N GENERAL

.—The Secretary of Defense may make a

temporary appointment or a term appointment in the Depart-

ment when the need for the services of an employee in the

Department is not permanent.

(2) E

XTENSION

.—The Secretary may extend a temporary

appointment or a term appointment made under paragraph

(1).

(b) A

PPOINTMENTS FOR

RITICAL

IRING

EEDS

.—

(1) I

N GENERAL

.—If there is a critical hiring need, the

Secretary of Defense may make a noncompetitive temporary

appointment or a noncompetitive term appointment in the

Department of Defense, without regard to the requirements

of sections 3327 and 3330 of title 5, United States Code, for

a period that is not more than 18 months.

(2) N

O EXTENSION AVAILABLE

.—An appointment made

under paragraph (1) may not be extended.

EGULATIONS

.—The Secretary may prescribe regulations to

carry out this section.

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘temporary appointment’’ means the appoint-

ment of an employee in the competitive service for a period

that is not more than one year.

(2) The term ‘‘term appointment’’ means the appointment

of an employee in the competitive service for a period that

is more than one year and not more than five years, unless

the Secretary of Defense, before the appointment of the

employee, authorizes a longer period.

SEC. 1106. DIRECT-HIRE AUTHORITY FOR THE DEPARTMENT OF

DEFENSE FOR POST-SECONDARY STUDENTS AND RECENT

GRADUATES.

(a) H

IRING

UTHORITY

.—Without regard to sections 3309

through 3318, 3327, and 3330 of title 5, United States Code, the

Secretary of Defense may recruit and appoint qualified recent grad-

uates and current post-secondary students to competitive service

positions in professional and administrative occupations within the

Department of Defense.

(b) L

IMITATION ON

PPOINTMENTS

.—Subject to subsection (c)(2),

the total number of employees appointed by the Secretary under

10 USC 1580

note prec.

10 USC 1580

note prec.

10 USC 1580

prec.

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130 STAT. 2448 PUBLIC LAW 114–328—DEC. 23, 2016

subsection (a) during a fiscal year may not exceed the number

equal to 15 percent of the number of hires made into professional

and administrative occupations of the Department at the GS–11

level and below (or equivalent) under competitive examining proce-

dures during the previous fiscal year.

EGULATIONS

.—

(1) I

N GENERAL

.—The Secretary shall administer this sec-

tion in accordance with regulations prescribed by the Secretary

for purposes of this section.

(2) L

OWER LIMIT ON APPOINTMENTS

.—The regulations may

establish a lower limit on the number of individuals appointable

under subsection (a) during a fiscal year than is otherwise

provided for under subsection (b), based on such factors as

the Secretary considers appropriate.

(3) P

UBLIC NOTICE AND ADVERTISING

.—To the extent prac-

tical, as determined by the Secretary, the Secretary shall pub-

licly advertise positions available under this section. In carrying

out the preceding sentence, the Secretary shall—

(A) take into account merit system principles, mission

requirements, costs, and organizational benefits of any

advertising of positions; and

(B) advertise such positions in the manner the Sec-

retary determines is most likely to provide diverse and

qualified candidates and ensure potential applicants have

appropriate information relevant to the positions available.

(d) S

UNSET

.—The authority provided under this section shall

terminate on September 30, 2021.

(e) D

EFINITIONS

.—In this section:

(1) The term ‘‘current post-secondary student’’ means a

person who—

(A) is currently enrolled in, and in good academic

standing at, a full-time program at an institution of higher

education;

(B) is making satisfactory progress toward receipt of

a baccalaureate or graduate degree; and

(2) The term ‘‘institution of higher education’’ has the

meaning given the term in section 101 of the Higher Education

Act of 1965 (20 U.S.C. 1001).

(3) The term ‘‘recent graduate’’, with respect to appointment

of a person under this section, means a person who was

awarded a degree by an institution of higher education not

more than two years before the date of the appointment of

such person, except that in the case of a person who has

completed a period of obligated service in a uniformed service

of more than four years, such term means a person who was

awarded a degree by an institution of higher education not

more than four years before the date of the appointment of

such person.

SEC. 1107. TEMPORARY INCREASE IN MAXIMUM AMOUNT OF VOL-

UNTARY SEPARATION INCENTIVE PAY AUTHORIZED FOR

CIVILIAN EMPLOYEES OF THE DEPARTMENT OF

DEFENSE.

During the period beginning on the date of enactment of this

Act and ending on September 30, 2018, section 9902(f)(5)(A)(ii)

of title 5, United States Code, shall be applied by substituting

5 USC 9902 note.

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130 STAT. 2449 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘an amount determined by the Secretary, not to exceed $40,000’’

for ‘‘$25,000’’.

SEC. 1108. EXTENSION OF RATE OF OVERTIME PAY FOR DEPARTMENT

OF THE NAVY EMPLOYEES PERFORMING WORK ABOARD

OR DOCKSIDE IN SUPPORT OF THE NUCLEAR-POWERED

AIRCRAFT CARRIER FORWARD DEPLOYED IN JAPAN.

Section 5542(a)(6)(B) of title 5, United States Code, is amended

by striking ‘‘September 30, 2017’’ and inserting ‘‘September 30,

2018’’.

SEC. 1109. LIMITATION ON NUMBER OF DOD SES POSITIONS.

(a) L

IMITATION ON

UMBER OF

DOD SES P

OSITIONS

.—

(1) I

N GENERAL

.—Not later than December 31, 2022, the

total number of Senior Executive Service positions authorized

under section 3133 of title 5, United States Code, for the

Department of Defense may not exceed 1,260.

(2) H

IGHLY QUALIFIED EXPERTS

.—Of the total number of

positions authorized under paragraph (1), not more than 200

of such positions may be occupied by an individual appointed

under the authority provided in section 9903 of such title.

(b) P

LAN TO

CHIEVE

EQUIRED

IMITATION

.—

(1) I

N GENERAL

.—The Secretary of Defense shall develop

a plan to achieve the limitation required by subsection (a)

that includes—

(A) the distribution of Senior Executive Service posi-

tions across the Office of the Secretary of Defense, the

Joint Staff, the Military Departments, the Defense Agencies

and Field Activities, the unified and specified combatant

commands, and other key elements of the Department of

Defense;

(B) the by-year reductions to Senior Executive Service

positions consistent with the distribution required under

subparagraph (A); and

may be necessary for personnel management and shaping

authorities to achieve the required limitation.

(2) S

UBMISSION OF PLAN

.—Not less than one year after

the date of the enactment of this Act, the Secretary of Defense

shall submit to the Committees on Armed Services of the Senate

and the House of Representatives a report setting forth the

plan developed under paragraph (1).

(3) P

ROGRESS REPORTS

.—The Secretary of Defense shall

provide to the Committees on Armed Services of the Senate

and the House of Representatives semi-annual progress report

briefings describing and assessing the progress of the Secretary

in implementing the plan developed under paragraph (1).

ONFORMING

MENDMENT

.—Section 3133(c) of title 5, United

States Code, is amended by adding at the end the following new

sentence: ‘‘Beginning in 2023, the number of such positions author-

ized under the preceding sentence for the Department of Defense

may not exceed the limitation provided in section 1109 of the

National Defense Authorization Act for Fiscal Year 2017.’’.

(d) D

EFINITION OF

ENIOR

XECUTIVE

ERVICE

OSITION

.—In

this section, the term ‘‘Senior Executive Service position’’ has the

meaning given such term in section 3132(a)(2) of title 5, United

States Code.

5 USC 3133 note.

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130 STAT. 2450 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1110. DIRECT HIRE AUTHORITY FOR FINANCIAL MANAGEMENT

EXPERTS IN THE DEPARTMENT OF DEFENSE

WORKFORCE.

(a) A

UTHORITY

.—Each Secretary concerned may appoint quali-

fied candidates possessing a finance, accounting, management, or

actuarial science degree, or a related degree or equivalent experi-

ence, to positions specified in subsection (c) for the Defense Agencies

or the applicable military department without regard to the provi-

sions of subchapter I of chapter 33 of title 5, United States Code.

(b) S

ECRETARY

ONCERNED

.—For purposes of this section, the

Secretary concerned is as follows:

(1) The Secretary of Defense with respect to the Defense

Agencies.

(2) The Secretary of a military department with respect

to such military department.

OSITIONS

.—The positions specified in this subsection are

the positions within the Department of Defense workforce as follows:

(1) Financial management positions.

(2) Accounting positions.

(3) Auditing positions.

(4) Actuarial positions.

(5) Cost estimation positions.

(6) Operational research positions.

(7) Business and business administration positions.

(d) L

IMITATION

.—Authority under this section may not, in any

calendar year and with respect to any Defense Agency or military

department, be exercised with respect to a number of candidates

greater than the number equal to 10 percent of the total number

of the financial management, accounting, auditing, and actuarial

positions within the financial management workforce of such

Defense Agency or military department that are filled as of the

close of the fiscal year last ending before the start of such calendar

year.

(e) N

ATURE OF

PPOINTMENT

.—Any appointment under this

section shall be treated as an appointment on a full-time equivalent

basis, unless such appointment is made on a term or temporary

basis.

(f) E

MPLOYEE

EFINED

.—In this section, the term ‘‘employee’’

has the meaning given that term in section 2105 of title 5, United

States Code.

(g) T

ERMINATION

.—The authority to make appointments under

this section shall not be available after December 31, 2022.

SEC. 1111. REPEAL OF CERTAIN BASIS FOR APPOINTMENT OF A

RETIRED MEMBER OF THE ARMED FORCES TO DEPART-

MENT OF DEFENSE POSITION WITHIN 180 DAYS OF

RETIREMENT.

Section 3326(b) of title 5, United States Code, is amended—

(1) in paragraph (1), by adding ‘‘or’’ at the end;

(2) in paragraph (2), by striking ‘‘; or’’ and inserting a

period; and

(3) by striking paragraph (3).

10 USC 1580

note prec.

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130 STAT. 2451 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle B—Department of Defense Science

and Technology Laboratories and Re-

lated Matters

SEC. 1121. PERMANENT PERSONNEL MANAGEMENT AUTHORITY FOR

THE DEPARTMENT OF DEFENSE FOR EXPERTS IN

SCIENCE AND ENGINEERING.

(a) P

ERMANENT

ERSONNEL

ANAGEMENT

UTHORITY

.—

(1) I

N GENERAL

.—Chapter 81 of title 10, United States

Code, as amended by section 1104 of this Act, is further

amended by adding at the end the following new section:

‘‘§ 1599h. Personnel management authority to attract experts

in science and engineering

‘‘(a) P

ROGRAMS

UTHORIZED

.—

‘‘(1) L

ABORATORIES OF THE MILITARY DEPARTMENTS

.—The

Secretary of Defense may carry out a program of personnel

management authority provided in subsection (b) in order to

facilitate recruitment of eminent experts in science or

engineering for such laboratories of the military departments

as the Secretary shall designate for purposes of the program

for research and development projects of such laboratories.

‘‘(2) DARPA.—The Director of the Defense Advanced

Research Projects Agency may carry out a program of personnel

management authority provided in subsection (b) in order to

facilitate recruitment of eminent experts in science or

engineering for research and development projects and to

enhance the administration and management of the Agency.

‘‘(3) DOTE.—The Director of the Office of Operational Test

and Evaluation may carry out a program of personnel manage-

ment authority provided in subsection (b) in order to facilitate

recruitment of eminent experts in science or engineering to

support operational test and evaluation missions of the Office.

‘‘(b) P

ERSONNEL

ANAGEMENT

UTHORITY

.—Under a program

under subsection (a), the official responsible for administration of

the program may—

‘‘(1) without regard to any provision of title 5 governing

the appointment of employees in the civil service—

‘‘(A) in the case of the laboratories of the military

departments designated pursuant to subsection (a)(1),

appoint scientists and engineers to a total of not more

than 40 scientific and engineering positions in such labora-

tories;

‘‘(B) in the case of the Defense Advanced Research

Projects Agency, appoint individuals to a total of not more

than 100 positions in the Agency, of which not more than

5 such positions may be positions of administration or

management of the Agency; and

‘‘(C) in the case of the Office of Operational Test and

Evaluation, appoint scientists and engineers to a total of

not more than 10 scientific and engineering positions in

the Office;

‘‘(2) notwithstanding any provision of title 5 governing the

rates of pay or classification of employees in the executive

10 USC 1599h.

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130 STAT. 2452 PUBLIC LAW 114–328—DEC. 23, 2016

branch, prescribe the rates of basic pay for positions to which

employees are appointed under paragraph (1)—

‘‘(A) in the case of employees appointed pursuant to

paragraph (1)(B) to any of 5 positions designated by the

Director of the Defense Advanced Research Projects Agency

for purposes of this subparagraph, at rates not in excess

of a rate equal to 150 percent of the maximum rate of

basic pay authorized for positions at Level I of the Execu-

tive Schedule under section 5312 of title 5; and

‘‘(B) in the case of any other employee appointed pursu-

ant to paragraph (1), at rates not in excess of the maximum

rate of basic pay authorized for senior-level positions under

section 5376 of title 5; and

‘‘(3) pay any employee appointed under paragraph (1), other

than an employee appointed to a position designated as

described in paragraph (2)(A), payments in addition to basic

pay within the limit applicable to the employee under sub-

section (d).

‘‘(c) L

IMITATION ON

ERM OF

PPOINTMENT

.—

‘‘(1) I

N GENERAL

.—Except as provided in paragraph (2),

the service of an employee under an appointment under sub-

section (b)(1) may not exceed four years.

‘‘(2) E

XTENSION

.—The official responsible for the adminis-

tration of a program under subsection (a) may, in the case

of a particular employee under the program, extend the period

to which service is limited under paragraph (1) by up to two

years if the official determines that such action is necessary

to promote the efficiency of a laboratory of a military depart-

ment, the Defense Advanced Research Projects Agency, or the

Office of Operational Test and Evaluation, as applicable.

‘‘(d) M

AXIMUM

MOUNT OF

DDITIONAL

AYMENTS

AYABLE

.—

Notwithstanding any other provision of this section or section 5307

of title 5, no additional payments may be paid to an employee

under subsection (b)(3) in any calendar year if, or to the extent

that, the employee’s total annual compensation in such calendar

year will exceed the maximum amount of total annual compensation

payable at the salary set in accordance with section 104 of title

3.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 81 of such title, as so amended, is further

amended by adding at the end the following new item:

‘‘1599h. Personnel management authority to attract experts in science and engineer-

ing.’’.

(b) R

EPEAL OF

UPERSEDED

UTHORITY

.—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.

PPLICABILITY OF

ERSONNEL

ANAGEMENT

UTHORITY TO

ERSONNEL

URRENTLY

MPLOYED

NDER

UPERSEDED

UTHORITY

.—

(1) I

N GENERAL

.—Any individual employed as of the date

of the enactment of this Act under section 1101(b)(1) of the

Strom Thurmond National Defense Authorization Act for Fiscal

Year 1999 (5 U.S.C. 3104 note) (as in effect on the day before

such date) shall remain employed under section 1599h of title

10, United States Code (as added by subsection (a)), after

10 USC 1599h

note.

10 USC 1580

prec.

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130 STAT. 2453 PUBLIC LAW 114–328—DEC. 23, 2016

such date in accordance with such section 1599h and the

applicable program carried out under such section 1599h.

(2) D

ATE OF APPOINTMENT

.—For purposes of subsection

added), the date of the appointment of any employee who

remains employed as described in paragraph (1) shall be the

date of the appointment of such employee under section

1101(b)(1) of the Strom Thurmond National Defense Authoriza-

tion Act for Fiscal Year 1999 (5 U.S.C. 3104 note) (as so

in effect).

SEC. 1122. CODIFICATION AND MODIFICATION OF CERTAIN AUTHORI-

TIES FOR CERTAIN POSITIONS AT DEPARTMENT OF

DEFENSE RESEARCH AND ENGINEERING LABORATORIES.

(a) C

ODIFICATION

.—

(1) I

N GENERAL

.—Chapter 139 of title 10, United States

Code, is amended by inserting after section 2358 the following

new section:

‘‘§ 2358a. Authorities for certain positions at science and

technology reinvention laboratories

‘‘(a) A

UTHORITY TO

AKE

IRECT

PPOINTMENTS

.—

‘‘(1) C

ANDIDATES FOR SCIENTIFIC AND ENGINEERING POSI

TIONS AT SCIENCE AND TECHNOLOGY REINVENTION LABORA

TORIES

.—The director of any Science and Technology Reinven-

tion Laboratory (hereinafter in this section referred to as an

‘STRL’) may appoint qualified candidates possessing a bach-

elor’s degree to positions described in paragraph (1) of sub-

section (b) as an employee in a laboratory described in that

paragraph without regard to the provisions of subchapter I

of chapter 33 of title 5 (other than sections 3303 and 3328

of such title).

‘‘(2) V

ETERAN CANDIDATES FOR SIMILAR POSITIONS AT

RESEARCH AND ENGINEERING FACILITIES

.—The director of any

STRL may appoint qualified veteran candidates to positions

described in paragraph (2) of subsection (b) as an employee

at a laboratory, agency, or organization specified in that para-

graph without regard to the provisions of subchapter I of

chapter 33 of title 5.

‘‘(3) S

TUDENTS ENROLLED IN SCIENTIFIC AND ENGINEERING

PROGRAMS

.—The director of any STRL may appoint qualified

candidates enrolled in a program of undergraduate or graduate

instruction leading to a bachelor’s or an advanced degree in

a scientific, technical, engineering or mathematical course of

study at an institution of higher education (as that term is

defined in sections 101 and 102 of the Higher Education Act

of 1965 (20 U.S.C. 1001, 1002)) to positions described in para-

graph (3) of subsection (b) as an employee in a laboratory

described in that paragraph without regard to the provisions

of subchapter I of chapter 33 of title 5 (other than sections

3303 and 3328 of such title).

‘‘(4) N

ONCOMPETITIVE CONVERSION TO PERMANENT APPOINT

MENT

.—With respect to any student appointed by the director

of an STRL under paragraph (3) to a temporary or term

appointment, upon graduation from the applicable institution

of higher education (as defined in such paragraph), the director

may noncompetitively convert such student to a permanent

10 USC 2358a.

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130 STAT. 2454 PUBLIC LAW 114–328—DEC. 23, 2016

appointment within the STRL without regard to the provisions

of subchapter I of chapter 33 of title 5 (other than sections

3303 and 3328 of such title), provided the student meets all

eligibility and Office of Personnel Management qualification

requirements for the position.

‘‘(b) C

OVERED

OSITIONS

.—

‘‘(1) C

ANDIDATES FOR SCIENTIFIC AND ENGINEERING POSI

TIONS

.—The positions described in this paragraph are scientific

and engineering positions that may be temporary, term, or

permanent in any laboratory designated by section 1105(a)

of the National Defense Authorization Act for Fiscal Year 2010

(Public Law 111–84; 10 U.S.C. 2358 note) as a Department

of Defense science and technology reinvention laboratory.

‘‘(2) Q

UALIFIED VETERAN CANDIDATES

.—The positions

described in this paragraph are scientific, technical,

engineering, and mathematics positions, including technicians,

in the following:

‘‘(A) Any laboratory referred to in paragraph (1).

‘‘(B) Any other Department of Defense research and

engineering agency or organization designated by the Sec-

retary for purposes of subsection (a)(2).

‘‘(3) C

ANDIDATES ENROLLED IN SCIENTIFIC AND ENGINEERING

PROGRAMS

.—The positions described in this paragraph are sci-

entific and engineering positions that may be temporary or

term in any laboratory designated by section 1105(a) of the

National Defense Authorization Act for Fiscal Year 2010 (Public

Law 111–84; 10 U.S.C. 2358 note) as a Department of Defense

science and technology reinvention laboratory.

‘‘(c) L

IMITATION ON

UMBER OF

PPOINTMENTS

LLOWABLE IN

ALENDAR

EAR

.—The authority under subsection (a) may not,

in any calendar year and with respect to any laboratory, agency,

or organization described in subsection (b), be exercised with respect

to a number of candidates greater than the following:

‘‘(1) In the case of a laboratory described in subsection

(b)(1), with respect to appointment authority under subsection

(a)(1), the number equal to 6 percent of the total number

of scientific and engineering positions in such laboratory that

are filled as of the close of the fiscal year last ending before

the start of such calendar year.

‘‘(2) In the case of a laboratory, agency, or organization

described in subsection (b)(2), with respect to appointment

authority under subsection (a)(2), the number equal to 3 percent

of the total number of scientific, technical, engineering, mathe-

matics, and technician positions in such laboratory, agency,

or organization that are filled as of the close of the fiscal

year last ending before the start of such calendar year.

‘‘(3) In the case of a laboratory described in subsection

(b)(3), with respect to appointment authority under subsection

(a)(3), the number equal to 10 percent of the total number

of scientific and engineering positions in such laboratory that

are filled as of the close of the fiscal year last ending before

the start of such calendar year.

‘‘(d) S

ENIOR

CIENTIFIC

ECHNICAL

ANAGERS

.—

‘‘(1) E

STABLISHMENT

.—There is hereby established in each

STRL a category of senior professional scientific and technical

positions, the incumbents of which shall be designated as ‘senior

scientific technical managers’ and which shall be positions

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130 STAT. 2455 PUBLIC LAW 114–328—DEC. 23, 2016

classified above GS–15 of the General Schedule, notwith-

standing section 5108(a) of title 5. The primary functions of

such positions shall be—

‘‘(A) to engage in research and development in the

physical, biological, medical, or engineering sciences, or

another field closely related to the mission of such STRL;

and

‘‘(B) to carry out technical supervisory responsibilities.

‘‘(2) A

PPOINTMENTS

.—The positions described in paragraph

(1) may be filled, and shall be managed, by the director of

the STRL involved, under criteria established pursuant to sec-

tion 342(b) of the National Defense Authorization Act for Fiscal

Year 1995 (Public Law 103–337; 10 U.S.C. 2358 note), relating

to personnel demonstration projects at laboratories of the

Department of Defense, except that the director of the labora-

tory involved shall determine the number of such positions

at such laboratory, not to exceed 2 percent of the number

of scientists and engineers employed at such laboratory as

of the close of the last fiscal year before the fiscal year in

which any appointments subject to that numerical limitation

are made.

‘‘(e) E

XCLUSION

ROM

ERSONNEL

IMITATIONS

.—

‘‘(1) I

N GENERAL

.—The director of an STRL shall manage

the workforce strength, structure, positions, and compensation

of such STRL—

‘‘(A) without regard to any limitation on appointments,

positions, or funding with respect to such STRL, subject

to subparagraph (B); and

‘‘(B) in a manner consistent with the budget available

with respect to such STRL.

‘‘(2) E

XCEPTIONS

.—Paragraph (1) shall not apply to Senior

Executive Service positions (as defined in section 3132(a) of

title 5) or scientific and professional positions authorized under

section 3104 of such title.

‘‘(f) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘employee’ has the meaning given that term

in section 2105 of title 5.

‘‘(2) The term ‘veteran’ has the meaning given that term

in section 101 of title 38.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 139 of such title is amended by inserting

after the item relating to section 2358 the following new item:

‘‘2358a. Authorities for certain positions at science and technology reinvention lab-

oratories.’’.

(b) R

EPEAL OF

UPERSEDED

ECTION

.—Section 1107 of the

National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C.

2358 note) is hereby repealed.

SEC. 1123. MODIFICATION TO INFORMATION TECHNOLOGY PER-

SONNEL EXCHANGE PROGRAM.

Section 1110 of the National Defense Authorization Act for

Fiscal Year 2010 (Public Law 111–84; 5 U.S.C. 3702 note) is

amended—

(1) in the section heading, by inserting ‘‘

CYBER AND

’’ before

‘‘

INFORMATION

’’.

(2) in subsections (a)(1)(A), (a)(1)(C), and (g)(2), by inserting

‘‘cyber operations or’’ before ‘‘information’’;

10 USC 2351

prec.

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130 STAT. 2456 PUBLIC LAW 114–328—DEC. 23, 2016

(3) in subsection (d), by striking ‘‘2018’’ and inserting

‘‘2022’’;

(4) in subsection (g)(1), by inserting ‘‘to or’’ before ‘‘from’’;

and

(5) in subsection (h), by striking ‘‘10’’ and inserting ‘‘50’’.

SEC. 1124. PILOT PROGRAM ON ENHANCED PAY AUTHORITY FOR CER-

TAIN RESEARCH AND TECHNOLOGY POSITIONS IN THE

SCIENCE AND TECHNOLOGY REINVENTION LABORA-

TORIES OF THE DEPARTMENT OF DEFENSE.

(a) P

ILOT

ROGRAM

UTHORIZED

.—The Secretary of Defense

may carry out a pilot program to assess the feasibility and advis-

ability of using the pay authority specified in subsection (d) to

fix the rate of basic pay for positions described in subsection (c)

in order to assist the military departments in attracting and

retaining high quality acquisition and technology experts in posi-

tions responsible for managing and performing complex, high-cost

research and technology development efforts in the science and

technology reinvention laboratories of the Department of Defense.

(b) A

PPROVAL

EQUIRED

.—The pilot program may be carried

out in a military department only with the approval of the Service

Acquisition Executive of the military department concerned.

OSITIONS

.—The positions described in this subsection are

positions in the science and technology reinvention laboratories

of the Department of Defense that—

(1) require expertise of an extremely high level in a sci-

entific, technical, professional, or acquisition management field;

and

(2) are critical to the successful accomplishment of an

important research or technology development mission.

(d) R

ATE OF

ASIC

.—The pay authority specified in this

subsection is authority as follows:

(1) Authority to fix the rate of basic pay for a position

at a rate not to exceed 150 percent of the rate of basic pay

payable for level I of the Executive Schedule, upon the approval

of the Service Acquisition Executive concerned.

(2) Authority to fix the rate of basic pay for a position

at a rate in excess of 150 percent of the rate of basic pay

payable for level I of the Executive Schedule, upon the approval

of the Secretary of the military department concerned.

(e) L

IMITATIONS

.—

(1) I

N GENERAL

.—The authority in subsection (a) may be

used only to the extent necessary to competitively recruit or

retain individuals exceptionally well qualified for positions

described in subsection (c).

(2) N

UMBER OF POSITIONS

.—The authority in subsection

(a) may not be used with respect to more than five positions

in each military department at any one time.

(3) T

ERM OF POSITIONS

.—The authority in subsection (a)

may be used only for positions having a term of less than

five years.

(f) T

ERMINATION

.—

(1) I

N GENERAL

.—The authority to fix rates of basic pay

for a position under this section shall terminate on October

1, 2021.

(2) C

ONTINUATION OF PAY

.—Nothing in paragraph (1) shall

be construed to prohibit the payment after October 1, 2021,

10 USC 2358

note.

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130 STAT. 2457 PUBLIC LAW 114–328—DEC. 23, 2016

of basic pay at rates fixed under this section before that date

for positions having terms that continue after that date.

(g) S

CIENCE AND

ECHNOLOGY

EINVENTION

ABORATORIES OF

THE

EPARTMENT OF

EFENSE

EFINED

.—In this section, the term

‘‘science and technology reinvention laboratories of the Department

of Defense’’ means the laboratories designated as science and tech-

nology reinvention laboratories by section 1105(a) of the National

Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358

note).

SEC. 1125. TEMPORARY DIRECT HIRE AUTHORITY FOR DOMESTIC

DEFENSE INDUSTRIAL BASE FACILITIES, THE MAJOR

RANGE AND TEST FACILITIES BASE, AND THE OFFICE OF

THE DIRECTOR OF OPERATIONAL TEST AND EVALUA-

TION.

(a) D

EFENSE

NDUSTRIAL

ASE

ACILITY AND

MRTFB.—During

fiscal years 2017 and 2018, the Secretary of Defense may appoint,

without regard to the provisions of subchapter I of chapter 33

of title 5, United States Code, other than sections 3303 and 3328

of such title, qualified candidates to positions in the competitive

service at any defense industrial base facility or the Major Range

and Test Facilities Base.

(b) O

FFICE OF THE

IRECTOR OF

PERATIONAL

EST AND

VALUATION

.—During fiscal years 2017 through 2021, the Secretary

of Defense may, acting through the Director of Operational Test

and Evaluation, appoint qualified candidates possessing an

advanced degree to scientific and engineering positions within the

Office of the Director of Operational Test and Evaluation without

regard to the provisions of subchapter I of chapter 33 of title

5, United States Code, other than sections 3303 and 3328 of such

title.

EFINITION OF

EFENSE

NDUSTRIAL

ASE

ACILITY

.—In

this section, the term ‘‘defense industrial base facility’’ means any

Department of Defense depot, arsenal, or shipyard located within

the United States.

Subtitle C—Governmentwide Matters

SEC. 1131. ELIMINATION OF TWO-YEAR ELIGIBILITY LIMITATION FOR

NONCOMPETITIVE APPOINTMENT OF SPOUSES OF MEM-

BERS OF THE ARMED FORCES.

Section 3330d(c) of title 5, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(3) N

O TIME LIMITATION ON APPOINTMENT

.—A relocating

spouse of a member of the Armed Forces remains eligible

for noncompetitive appointment under this section for the dura-

tion of the spouse’s relocation to the permanent duty station

of the member.’’.

SEC. 1132. TEMPORARY PERSONNEL FLEXIBILITIES FOR DOMESTIC

DEFENSE INDUSTRIAL BASE FACILITIES AND MAJOR

RANGE AND TEST FACILITIES BASE CIVILIAN PER-

SONNEL.

(a) I

ENERAL

.—Notwithstanding chapter 33 of title 5, United

States Code, or any other provision of law relating to the examina-

tion, certification, and appointment of individuals in the competitive

service, during fiscal years 2017 and 2018, an employee of a defense

10 USC 1580

note prec.

10 USC 1580

note.

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130 STAT. 2458 PUBLIC LAW 114–328—DEC. 23, 2016

industrial base facility or the Major Range and Test Facilities

Base serving under a time-limited appointment in the competitive

service is eligible to compete for a permanent appointment in the

competitive service at (A) any such facility, Base, or any other

component of the Department of Defense when such facility, Base,

or component (as the case may be) is accepting applications from

individuals within the facility, Base, or component’s workforce under

merit promotion procedures, or (B) any agency when the agency

is accepting applications from individuals outside its own workforce

under merit promotion procedures of the applicable agency, if—

(1) the employee was appointed initially under open,

competitive examination under subchapter I of chapter 33 of

such title to the time-limited appointment;

(2) the employee has served under 1 or more time-limited

appointments by a defense industrial base facility or the Major

Range and Test Facilities Base for a period or periods totaling

more than 24 months without a break of 2 or more years;

and

(3) the employee’s performance has been at an acceptable

level of performance throughout the period or periods (as the

case may be) referred to in paragraph (2).

(b) W

AIVER OF

EQUIREMENT

.—In determining the eligi-

bility of a time-limited employee under this section to be examined

for or appointed in the competitive service, the Office of Personnel

Management or other examining agency shall waive requirements

as to age, unless the requirement is essential to the performance

of the duties of the position.

TATUS

.—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) F

ORMER

MPLOYEES

.—A former employee of a defense indus-

trial base facility or the Major Range and Test Facilities Base

who served under a time-limited appointment and who otherwise

meets the requirements of this section shall be deemed a time-

limited employee for purposes of this section if—

(1) such employee applies for a position covered by this

section within the period of 2 years after the most recent

date of separation; and

(2) such employee’s most recent separation was for reasons

other than misconduct or performance.

(e) B

ENEFITS

.—Any employee of a defense industrial base

facility or the Major Range and Test Facilities Base serving under

a time-limited appointment in the competitive service shall be pro-

vided with benefits that are comparable to the benefits provided

to similar employees not serving under time-limited appointments

at the defense industrial base facility or the Major Range and

Test Facilities Base concerned, including professional development

opportunities, eligibility for awards programs, and designation as

status applicants for purposes of eligibility for positions in the

civil service.

(f) D

EFINITION OF

EFENSE

NDUSTRIAL

ASE

ACILITY

.—In

this section, the term ‘‘defense industrial base facility’’ means any

Department of Defense depot, arsenal, or shipyard located within

the United States.

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130 STAT. 2459 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1133. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO

GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO

CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT

ZONE.

Paragraph (2) of section 1603(a) of the Emergency Supple-

mental Appropriations Act for Defense, the Global War on Terror,

and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443),

as added by section 1102 of the Duncan Hunter National Defense

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122

Stat. 4616) and as most recently amended by section 1102 of the

National Defense Authorization Act for Fiscal Year 2016 (Public

Law 114–92; 129 Stat. 1022), is further amended by striking ‘‘2017’’

and inserting ‘‘2018’’.

SEC. 1134. ADVANCE PAYMENTS FOR EMPLOYEES RELOCATING

WITHIN THE UNITED STATES AND ITS TERRITORIES.

(a) I

ENERAL

.—Subsection (a) of section 5524a of title 5,

United States Code, is amended—

(1) by striking ‘‘(a) The head’’ and inserting ‘‘(a)(1) The

head’’; and

(2) by adding at the end the following:

‘‘(2) The head of each agency may provide for the advance

payment of basic pay, covering not more than 4 pay periods,

to an employee who is assigned to a position in the agency

that is located—

‘‘(A) outside of the employee’s commuting area; and

‘‘(B) in the United States, the Commonwealth of Puerto

Rico, the Commonwealth of the Northern Mariana Islands,

or any territory or possession of the United States.’’.

(b) C

ONFORMING

MENDMENTS

.—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’’.

LERICAL

MENDMENTS

.—

(1) S

ECTION HEADING

.—The heading of such section is

amended by inserting ‘‘and employees relocating within

the United States and its territories’’ after ‘‘appointees’’.

(2) T

ABLE OF SECTIONS

.—The item relating to such section

in the table of sections of chapter 55 of such title is amended

to read as follows:

‘‘5524a. Advance payments for new appointees and employees relocating within the

United States and its territories.’’.

SEC. 1135. ELIGIBILITY OF EMPLOYEES IN A TIME-LIMITED APPOINT-

MENT TO COMPETE FOR A PERMANENT APPOINTMENT

AT ANY FEDERAL AGENCY.

Section 9602 of title 5, United States Code, is amended—

(1) in subsection (a) by striking ‘‘any land management

agency or any other agency (as defined in section 101 of title

31) under the internal merit promotion procedures of the

applicable agency’’ and inserting ‘‘such land management

agency when such agency is accepting applications from individ-

uals within the agency’s workforce under merit promotion

5 USC 5501 prec.

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130 STAT. 2460 PUBLIC LAW 114–328—DEC. 23, 2016

procedures, or any agency, including a land management

agency, when the agency is accepting applications from individ-

uals outside its own workforce under the merit promotion proce-

dures of the applicable agency’’; and

(2) in subsection (d) by inserting ‘‘of the agency from which

the former employee was most recently separated’’ after

‘‘deemed a time-limited employee’’.

SEC. 1136. REVIEW OF OFFICIAL PERSONNEL FILE OF FORMER FED-

ERAL EMPLOYEES BEFORE REHIRING.

(a) I

ENERAL

.—Subchapter I of chapter 33 of title 5, United

States Code, is amended by adding at the end the following:

‘‘§ 3330e. Review of official personnel file of former Federal

employees before rehiring

‘‘(a) If a former Government employee is a candidate for a

position within the competitive service or the excepted service,

prior to making any determination with respect to the appointment

or reinstatement of such employee to such position, the appointing

authority shall review and consider merit-based information

relating to such employee’s former period or periods of service

such as official personnel actions, employee performance ratings,

and disciplinary actions, if any, in such employee’s official personnel

record file.

‘‘(b) In subsection (a), the term ‘former Government employee’

means an individual whose most recent position with the Govern-

ment prior to becoming a candidate as described under subsection

(a) was within the competitive service or the excepted service.

‘‘(c) The Office of Personnel Management shall prescribe regula-

tions to carry out the purpose of this section. Such regulations

may not contain provisions that would increase the time required

for agency hiring actions.’’.

(b) A

PPLICATION

.—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.

LERICAL

MENDMENT

.—The table of sections of subchapter

I of chapter 33 of title 5, United States Code, is amended by

adding at the end the following:

‘‘3330e. Review of official personnel file of former Federal employees before rehir-

ing.’’.

SEC. 1137. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL

LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITA-

TION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES

WORKING OVERSEAS.

Section 1101(a) of the Duncan Hunter National Defense

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122

Stat. 4615), as most recently amended by section 1108 of the

National Defense Authorization Act for Fiscal Year 2016 (Public

Law 114–92; 129 Stat. 1027), is further amended by striking

‘‘through 2016’’ and inserting ‘‘through 2017’’.

SEC. 1138. ADMINISTRATIVE LEAVE.

(a) S

HORT

ITLE

.—This section may be cited as the ‘‘Administra-

tive Leave Act of 2016’’.

(b) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

Administrative

Leave Act

of 2016.

5 USC 101 note.

5 USC 6329a

note.

5 USC 3301 prec.

5 USC 3330e

note.

5 USC 3330e.

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130 STAT. 2461 PUBLIC LAW 114–328—DEC. 23, 2016

(1) agency use of administrative leave, and leave that is

referred to incorrectly as administrative leave in agency

recording practices, has exceeded reasonable amounts—

(A) in contravention of—

(i) established precedent of the Comptroller Gen-

eral of the United States; and

(ii) guidance provided by the Office of Personnel

Management; and

(B) resulting in significant cost to the Federal Govern-

ment;

(2) administrative leave should be used sparingly;

(3) prior to the use of paid leave to address personnel

issues, an agency should consider other actions, including—

(A) temporary reassignment; and

(B) transfer;

(4) an agency should prioritize and expeditiously conclude

an investigation in which an employee is placed in administra-

tive leave so that, not later than the conclusion of the leave

period—

(A) the employee is returned to duty status; or

(B) an appropriate personnel action is taken with

respect to the employee;

(5) data show that there are too many examples of

employees placed in administrative leave for 6 months or

longer, leaving the employees without any available recourse

to—

(A) return to duty status; or

(B) challenge the decision of the agency;

(6) an agency should ensure accurate and consistent

recording of the use of administrative leave so that administra-

tive leave can be managed and overseen effectively; and

(7) other forms of excused absence authorized by law should

be recorded separately from administrative leave, as defined

by the amendments made by this section.

DMINISTRATIVE

EAVE

.—

(1) I

N GENERAL

.—Subchapter II of chapter 63 of title 5,

United States Code, is amended by adding at the end the

following:

‘‘§ 6329a. Administrative leave

‘‘(a) D

EFINITIONS

.—In this section—

‘‘(1) the term ‘administrative leave’ means leave—

‘‘(A) without loss of or reduction in—

‘‘(i) pay;

‘‘(ii) leave to which an employee is otherwise enti-

tled under law; or

‘‘(iii) credit for time or service; and

‘‘(B) that is not authorized under any other provision

of law;

‘‘(2) the term ‘agency’—

‘‘(A) means an Executive agency (as defined in section

105 of this title);

‘‘(B) includes the Department of Veterans Affairs; and

‘‘(C) does not include the Government Accountability

Office; and

‘‘(3) the term ‘employee’—

5 USC 6329a.

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130 STAT. 2462 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) has the meaning given the term in section 2105;

and

‘‘(B) does not include an intermittent employee who

does not have an established regular tour of duty during

the administrative workweek.

‘‘(b) A

DMINISTRATIVE

EAVE

.—

‘‘(1) I

N GENERAL

.—During any calendar year, an agency

may place an employee in administrative leave for a period

of not more than a total of 10 work days.

‘‘(2) R

ECORDS

.—An agency shall record administrative leave

separately from leave authorized under any other provision

of law.

‘‘(c) R

EGULATIONS

.—

‘‘(1) OPM

REGULATIONS

.—Not later than 270 calendar days

after the date of enactment of this section, the Director of

the Office of Personnel Management shall—

‘‘(A) prescribe regulations to carry out this section;

and

‘‘(B) prescribe regulations that provide guidance to

agencies regarding—

‘‘(i) acceptable agency uses of administrative leave;

and

‘‘(ii) the proper recording of—

‘‘(I) administrative leave; and

‘‘(II) other leave authorized by law.

‘‘(2) A

GENCY ACTION

.—Not later than 270 calendar days

after the date on which the Director of the Office of Personnel

Management prescribes regulations under paragraph (1), each

agency shall revise and implement the internal policies of the

agency to meet the requirements of this section.

‘‘(d) R

ELATION TO

THER

AWS

.—Notwithstanding subsection

(a) of section 7421 of title 38, this section shall apply to an employee

described in subsection (b) of that section.’’.

(2) T

ECHNICAL AND CONFORMING AMENDMENT

.—The table

of sections for subchapter II of chapter 63 of title 5, United

States Code, is amended by inserting after the item relating

to section 6329 the following:

‘‘6329a. Administrative leave.’’.

(d) I

NVESTIGATIVE

EAVE AND

OTICE

EAVE

.—

(1) I

N GENERAL

.—Subchapter II of chapter 63 of title 5,

United States Code, as amended by this section, is further

amended by adding at the end the following:

‘‘§ 6329b. Investigative leave and notice leave

‘‘(a) D

EFINITIONS

.—In this section—

‘‘(1) the term ‘agency’—

‘‘(A) means an Executive agency (as defined in section

105 of this title);

‘‘(B) includes the Department of Veterans Affairs; and

‘‘(C) does not include the Government Accountability

Office;

‘‘(2) the term ‘Chief Human Capital Officer’ means—

‘‘(A) the Chief Human Capital Officer of an agency

designated or appointed under section 1401; or

‘‘(B) the equivalent;

5 USC 6329b.

5 USC 6301 prec.

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130 STAT. 2463 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(3) the term ‘committees of jurisdiction’, with respect to

an agency, means each committee of the Senate or House

of Representatives with jurisdiction over the agency;

‘‘(4) the term ‘Director’ means the Director of the Office

of Personnel Management;

‘‘(5) the term ‘employee’—

‘‘(A) has the meaning given the term in section 2105;

and

‘‘(B) does not include—

‘‘(i) an intermittent employee who does not have

an established regular tour of duty during the adminis-

trative workweek; or

‘‘(ii) the Inspector General of an agency;

‘‘(6) the term ‘investigative entity’ means—

‘‘(A) an internal investigative unit of an agency

granting investigative leave under this section;

‘‘(B) the Office of Inspector General of an agency

granting investigative leave under this section;

‘‘(C) the Attorney General; and

‘‘(D) the Office of Special Counsel;

‘‘(7) the term ‘investigative leave’ means leave—

‘‘(A) without loss of or reduction in—

‘‘(i) pay;

‘‘(ii) leave to which an employee is otherwise enti-

tled under law; or

‘‘(iii) credit for time or service;

‘‘(B) that is not authorized under any other provision

of law; and

‘‘(C) in which an employee who is the subject of an

investigation is placed;

‘‘(8) the term ‘notice leave’ means leave—

‘‘(A) without loss of or reduction in—

‘‘(i) pay;

‘‘(ii) leave to which an employee is otherwise enti-

tled under law; or

‘‘(iii) credit for time or service;

‘‘(B) that is not authorized under any other provision

of law; and

‘‘(C) in which an employee who is in a notice period

is placed; and

‘‘(9) the term ‘notice period’ means a period beginning on

the date on which an employee is provided notice required

under law of a proposed adverse action against the employee

and ending on the date on which an agency may take the

adverse action.

‘‘(b) L

EAVE FOR

MPLOYEES

NDER

NVESTIGATION OR IN A

OTICE

ERIOD

.—

‘‘(1) A

UTHORITY

.—An agency may, in accordance with para-

graph (2), place an employee in—

‘‘(A) investigative leave if the employee is the subject

of an investigation;

‘‘(B) notice leave if the employee is in a notice period;

‘‘(C) notice leave following a placement in investigative

leave if, not later than the day after the last day of the

period of investigative leave—

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130 STAT. 2464 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(i) the agency proposes or initiates an adverse

action against the employee; and

‘‘(ii) the agency determines that the employee con-

tinues to meet 1 or more of the criteria described

in paragraph (2)(A).

‘‘(2) R

EQUIREMENTS

.—An agency may place an employee

in leave under paragraph (1) only if the agency has—

‘‘(A) made a determination with respect to the employee

that the continued presence of the employee in the work-

place during an investigation of the employee or while

the employee is in a notice period, as applicable, may—

‘‘(i) pose a threat to the employee or others;

‘‘(ii) result in the destruction of evidence relevant

to an investigation;

‘‘(iii) result in loss of or damage to Government

property; or

‘‘(iv) otherwise jeopardize legitimate Government

interests;

‘‘(B) considered—

‘‘(i) assigning the employee to duties in which the

employee no longer poses a threat described in clauses

(i) through (iv) of subparagraph (A);

‘‘(ii) allowing the employee to take leave for which

the employee is eligible;

‘‘(iii) if the employee is absent from duty without

approved leave, carrying the employee in absence with-

out leave status; and

‘‘(iv) for an employee subject to a notice period,

curtailing the notice period if there is reasonable cause

to believe the employee has committed a crime for

which a sentence of imprisonment may be imposed;

and

‘‘(C) determined that none of the available options

under clauses (i) through (iv) of subparagraph (B) is appro-

priate.

‘‘(3) D

URATION OF LEAVE

.—

‘‘(A) I

NVESTIGATIVE LEAVE

.—Upon the expiration of the

10 work day period described in section 6329a(b)(1) with

respect to an employee, and if an agency determines that

an extended investigation of the employee is necessary,

the agency may place the employee in investigative leave

for a period of not more than 30 work days.

‘‘(B) N

OTICE LEAVE

.—Placement of an employee in

notice leave shall be for a period not longer than the

duration of the notice period.

‘‘(4) E

XPLANATION OF LEAVE

.—

‘‘(A) I

N GENERAL

.—If an agency places an employee

in leave under this subsection, the agency shall provide

the employee a written explanation of whether the

employee was placed in investigative leave or notice leave.

‘‘(B) E

XPLANATION

.—The written notice under subpara-

graph (A) shall describe the limitations of the leave place-

ment, including—

‘‘(i) the applicable limitations under paragraph (3);

and

‘‘(ii) in the case of a placement in investigative

leave, an explanation that, at the conclusion of the

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130 STAT. 2465 PUBLIC LAW 114–328—DEC. 23, 2016

period of leave, the agency shall take an action under

paragraph (5).

‘‘(5) A

GENCY ACTION

.—Not later than the day after the

last day of a period of investigative leave for an employee

under paragraph (1), an agency shall—

‘‘(A) return the employee to regular duty status;

‘‘(B) take 1 or more of the actions under clauses (i)

through (iv) of paragraph (2)(B);

‘‘(C) propose or initiate an adverse action against the

employee as provided under law; or

‘‘(D) extend the period of investigative leave under

subsections (c) and (d).

‘‘(6) R

ULE OF CONSTRUCTION

.—Nothing in paragraph (5)

shall be construed to prevent the continued investigation of

an employee, except that the placement of an employee in

investigative leave may not be extended for that purpose except

as provided in subsections (c) and (d).

‘‘(c) I

NITIAL

XTENSION OF

NVESTIGATIVE

EAVE

.—

‘‘(1) I

N GENERAL

.—Subject to paragraph (4), if the Chief

Human Capital Officer of an agency, or the designee of the

Chief Human Capital Officer, approves such an extension after

consulting with the investigator responsible for conducting the

investigation to which an employee is subject, the agency may

extend the period of investigative leave for the employee under

subsection (b) for not more than 30 work days.

‘‘(2) M

AXIMUM NUMBER OF EXTENSIONS

.—The total period

of additional investigative leave for an employee under para-

graph (1) may not exceed 90 work days.

‘‘(3) D

ESIGNATION GUIDANCE

.—Not later than 270 days after

the date of enactment of this section, the Chief Human Capital

Officers Council shall issue guidance to ensure that if the

Chief Human Capital Officer of an agency delegates the

authority to approve an extension under paragraph (1) to a

designee, the designee is at a sufficiently high level within

the agency to make an impartial and independent determina-

tion regarding the extension.

‘‘(4) E

XTENSIONS FOR OIG EMPLOYEES

.—

‘‘(A) A

PPROVAL

.—In the case of an employee of an

Office of Inspector General—

‘‘(i) the Inspector General or the designee of the

Inspector General, rather than the Chief Human Cap-

ital Officer or the designee of the Chief Human Capital

Officer, shall approve an extension of a period of inves-

tigative leave for the employee under paragraph (1);

‘‘(ii) at the request of the Inspector General, the

head of the agency within which the Office of Inspector

General is located shall designate an official of the

agency to approve an extension of a period of investiga-

tive leave for the employee under paragraph (1).

‘‘(B) G

UIDANCE

.—Not later than 270 calendar days

after the date of enactment of this section, the Council

of the Inspectors General on Integrity and Efficiency shall

issue guidance to ensure that if the Inspector General

or the head of an agency, at the request of the Inspector

General, delegates the authority to approve an extension

under subparagraph (A) to a designee, the designee is

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130 STAT. 2466 PUBLIC LAW 114–328—DEC. 23, 2016

at a sufficiently high level within the Office of Inspector

General or the agency, as applicable, to make an impartial

and independent determination regarding the extension.

‘‘(d) F

URTHER

XTENSION OF

NVESTIGATIVE

EAVE

.—

‘‘(1) R

EPORT

.—After reaching the limit under subsection

(c)(2) and if an investigative entity submits a certification under

paragraph (2) of this subsection, an agency may further extend

a period of investigative leave for an employee for periods

of not more than 30 work days each if, not later than 5 business

days after granting each further extension, the agency submits

to the Committee on Homeland Security and Governmental

Affairs of the Senate and the Committee on Oversight and

Government Reform of the House of Representatives, along

with any other committees of jurisdiction, a report containing—

‘‘(A) the title, position, office or agency subcomponent,

job series, pay grade, and salary of the employee;

‘‘(B) a description of the duties of the employee;

‘‘(C) the reason the employee was placed in investiga-

tive leave;

‘‘(D) an explanation as to why—

‘‘(i) the employee poses a threat described in

clauses (i) through (iv) of subsection (b)(2)(A); and

‘‘(ii) the agency is not able to reassign the employee

to another position within the agency;

‘‘(E) in the case of an employee required to telework

under section 6502(c) during the investigation of the

employee—

‘‘(i) the reasons that the agency required the

employee to telework under that section; and

‘‘(ii) the duration of the teleworking requirement;

‘‘(F) the status of the investigation of the employee;

‘‘(G) the certification described in paragraph (2); and

‘‘(H) in the case of a completed investigation of the

employee—

‘‘(i) the results of the investigation; and

‘‘(ii) the reason that the employee remains in inves-

tigative leave.

‘‘(2) C

ERTIFICATION

.—If, after an employee has reached the

limit under subsection (c)(2), an investigative entity determines

that additional time is needed to complete the investigation

of the employee, the investigative entity shall—

‘‘(A) certify to the appropriate agency that additional

time is needed to complete the investigation of the

employee; and

‘‘(B) include in the certification an estimate of the

amount of time that is necessary to complete the investiga-

tion of the employee.

‘‘(3) N

O EXTENSIONS AFTER COMPLETION OF INVESTIGA

TION

.—An agency may not further extend a period of investiga-

tive leave of an employee under paragraph (1) on or after

the date that is 30 calendar days after the completion of the

investigation of the employee by an investigative entity.

‘‘(e) C

ONSULTATION

UIDANCE

.—Not later than 270 calendar

days after the date of enactment of this section, the Council of

the Inspectors General on Integrity and Efficiency, in consultation

with the Attorney General and the Special Counsel, shall issue

guidance on best practices for consultation between an investigator

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130 STAT. 2467 PUBLIC LAW 114–328—DEC. 23, 2016

and an agency on the need to place an employee in investigative

leave during an investigation of the employee, including during

a criminal investigation, because the continued presence of the

employee in the workplace during the investigation may—

‘‘(1) pose a threat to the employee or others;

‘‘(2) result in the destruction of evidence relevant to an

investigation;

‘‘(3) result in loss of or damage to Government property;

‘‘(4) otherwise jeopardize legitimate Government interests.

‘‘(f) R

EPORTING AND

ECORDS

.—

‘‘(1) I

N GENERAL

.—An agency shall keep a record of the

placement of an employee in investigative leave or notice leave

by the agency, including—

‘‘(A) the basis for the determination made under sub-

section (b)(2)(A);

‘‘(B) an explanation of why an action under clauses

(i) through (iv) of subsection (b)(2)(B) was not appropriate;

‘‘(C) the length of the period of leave;

‘‘(D) the amount of salary paid to the employee during

the period of leave;

‘‘(E) the reasons for authorizing the leave, including,

if applicable, the recommendation made by an investigator

under subsection (c)(1);

‘‘(F) whether the employee is required to telework

under section 6502(c) during the investigation, including

the reasons for requiring the employee to telework; and

‘‘(G) the action taken by the agency at the end of

the period of leave, including, if applicable, the granting

of any extension of a period of investigative leave under

subsection (c) or (d).

‘‘(2) A

VAILABILITY OF RECORDS

.—An agency shall make a

record kept under paragraph (1) available—

‘‘(A) to any committee of jurisdiction, upon request;

‘‘(B) to the Office of Personnel Management; and

‘‘(C) as otherwise required by law, including for the

purposes of the Administrative Leave Act of 2016 and

the amendments made by that Act.

‘‘(g) R

ECOURSE TO THE

FFICE OF

PECIAL

OUNSEL

.—For pur-

poses of subchapter II of chapter 12 and section 1221, placement

on investigative leave under subsection (b) of this section for a

period of not less than 70 work days shall be considered a personnel

action under paragraph (8) or (9) of section 2302(b).

‘‘(h) R

EGULATIONS

.—

‘‘(1) OPM

ACTION

.—Not later than 270 calendar days after

the date of enactment of this section, the Director shall pre-

scribe regulations to carry out this section, including guidance

to agencies regarding—

‘‘(A) acceptable purposes for the use of—

‘‘(i) investigative leave; and

‘‘(ii) notice leave;

‘‘(B) the proper recording of—

‘‘(i) the leave categories described in subparagraph

(A); and

‘‘(ii) other leave authorized by law;

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130 STAT. 2468 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(C) baseline factors that an agency shall consider

when making a determination that the continued presence

of an employee in the workplace may—

‘‘(i) pose a threat to the employee or others;

‘‘(ii) result in the destruction of evidence relevant

to an investigation;

‘‘(iii) result in loss or damage to Government prop-

erty; or

‘‘(iv) otherwise jeopardize legitimate Government

interests; and

‘‘(D) procedures and criteria for the approval of an

extension of a period of investigative leave under subsection

‘‘(2) A

GENCY ACTION

.—Not later than 270 calendar days

after the date on which the Director prescribes regulations

under paragraph (1), each agency shall revise and implement

the internal policies of the agency to meet the requirements

of this section.

‘‘(i) R

ELATION TO

THER

AWS

.—Notwithstanding subsection

(a) of section 7421 of title 38, this section shall apply to an employee

described in subsection (b) of that section.’’.

(2) GAO

REPORT

.—Not later than 5 years after the date

of enactment of this Act, and every 5 years thereafter, the

Comptroller General of the United States shall submit to the

Committee on Homeland Security and Governmental Affairs

of the Senate and the Committee on Oversight and Government

Reform of the House of Representatives a report on the results

of an evaluation of the implementation of the authority provided

under sections 6329a and 6329b of title 5, United States Code,

as added by subsection (c)(1) of this section and paragraph

(1) of this subsection, respectively, including—

(A) the number of times that an agency, under sub-

section (c)(1) of such section 6329b—

(i) consulted with the investigator responsible for

conducting the investigation to which an employee was

subject with respect to the decision of the agency to

grant an extension under that subsection; and

(ii) did not have a consultation described in clause

(i), including the reasons that the agency failed to

have such a consultation;

(B) an assessment of the use of the authority provided

under subsection (d) of such section 6329b by agencies,

including data regarding the number and length of exten-

sions granted under that subsection;

ments of subsection (f) of such section 6329b by agencies;

(D) a review of the practice of agency placement of

an employee in investigative or notice leave under sub-

section (b) of such section 6329b because of a determination

under subsection (b)(2)(A)(iv) of that section that the

employee jeopardized legitimate Government interests,

including the extent to which such determinations were

supported by evidence; and

(E) an assessment of the effectiveness of subsection

(g) of such section 6329b in preventing and correcting the

use of extended investigative leave as a tool of reprisal

for making a protected disclosure or engaging in protected

5 USC 6329a

note.

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130 STAT. 2469 PUBLIC LAW 114–328—DEC. 23, 2016

activity as described in paragraph (8) or (9) of section

2302(b) of title 5, United States Code.

(3) T

ELEWORK

.—Section 6502 of title 5, United States Code,

is amended by adding at the end the following:

‘‘(c) R

EQUIRED

ELEWORK

.—If an agency places an employee

in investigative leave under section 6329b, the agency may require

the employee to, through telework, perform duties similar to the

duties that the employee performs on-site if—

‘‘(1) the agency determines that such a requirement would

not—

‘‘(A) pose a threat to the employee or others;

‘‘(B) result in the destruction of evidence relevant to

an investigation;

‘‘(C) result in the loss of or damage to Government

property; or

‘‘(D) otherwise jeopardize legitimate Government

interests;

‘‘(2) the employee is eligible to telework under subsections

(a) and (b) of this section; and

‘‘(3) the agency determines that it would be appropriate

for the employee to perform the duties of the employee through

telework.’’.

(4) T

ECHNICAL AND CONFORMING AMENDMENT

.—The table

of sections for subchapter II of chapter 63 of title 5, United

States Code, is amended by inserting after the item relating

to section 6329a, as added by this section, the following:

‘‘6329b. Investigative leave and notice leave.’’.

(e) W

EATHER AND

AFETY

EAVE

.—

(1) I

N GENERAL

.—Subchapter II of chapter 63 of title 5,

United States Code, as amended by this section, is further

amended by adding at the end the following:

‘‘§ 6329c. Weather and safety leave

‘‘(a) D

EFINITIONS

.—In this section—

‘‘(1) the term ‘agency’—

‘‘(A) means an Executive agency (as defined in section

105 of this title);

‘‘(B) includes the Department of Veterans Affairs; and

‘‘(C) does not include the Government Accountability

Office; and

‘‘(2) the term ‘employee’—

‘‘(A) has the meaning given the term in section 2105;

and

‘‘(B) does not include an intermittent employee who

does not have an established regular tour of duty during

the administrative workweek.

‘‘(b) L

EAVE FOR

EATHER AND

AFETY

SSUES

.—An agency may

approve the provision of leave under this section to an employee

or a group of employees without loss of or reduction in the pay

of the employee or employees, leave to which the employee or

employees are otherwise entitled, or credit to the employee or

employees for time or service only if the employee or group of

employees is prevented from safely traveling to or performing work

at an approved location due to—

‘‘(1) an act of God;

‘‘(2) a terrorist attack; or

5 USC 6329c.

5 USC 6301 prec.

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130 STAT. 2470 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(3) another condition that prevents the employee or group

of employees from safely traveling to or performing work at

an approved location.

‘‘(c) R

ECORDS

.—An agency shall record leave provided under

this section separately from leave authorized under any other provi-

sion of law.

‘‘(d) R

EGULATIONS

.—Not later than 270 days after the date

of enactment of this section, the Director of the Office of Personnel

Management shall prescribe regulations to carry out this section,

including—

‘‘(1) guidance to agencies regarding the appropriate pur-

poses for providing leave under this section; and

‘‘(2) the proper recording of leave provided under this sec-

tion.

‘‘(e) R

ELATION TO

THER

AWS

.—Notwithstanding subsection

(a) of section 7421 of title 38, this section shall apply to an employee

described in subsection (b) of that section.’’.

(2) T

ECHNICAL AND CONFORMING AMENDMENT

.—The table

of sections for subchapter II of chapter 63 of title 5, United

States Code, is amended by inserting after the item relating

to section 6329b, as added by this section, the following:

‘‘6329c. Weather and safety leave.’’.

SEC. 1139. DIRECT HIRING FOR FEDERAL WAGE SCHEDULE

EMPLOYEES.

The Director of the Office of Personnel Management shall

permit an agency with delegated examining authority under

1104(a)(2) of title 5, United States Code, to use direct-hire authority

under section 3304(a)(3) of such title for a permanent or non-

permanent position or group of positions in the competitive services

at GS–15 (or equivalent) and below, or for prevailing rate employees,

if the Director determines that there is either a severe shortage

of candidates or a critical hiring need for such positions.

SEC. 1140. RECORD OF INVESTIGATION OF PERSONNEL ACTION IN

SEPARATED EMPLOYEE’S OFFICIAL PERSONNEL FILE.

(a) I

ENERAL

.—Subchapter I of chapter 33 of title 5, United

States Code, is amended by inserting after section 3321 the fol-

lowing:

‘‘§ 3322. Voluntary separation before resolution of personnel

investigation

‘‘(a) With respect to any employee occupying a position in

the competitive service or the excepted service who is the subject

of a personnel investigation and resigns from Government employ-

ment prior to the resolution of such investigation, the head of

the agency from which such employee so resigns shall, if an adverse

finding was made with respect to such employee pursuant to such

investigation, make a permanent notation in the employee’s official

personnel record file. The head shall make such notation not later

than 40 days after the date of the resolution of such investigation.

‘‘(b) Prior to making a permanent notation in an employee’s

official personnel record file under subsection (a), the head of the

agency shall—

‘‘(1) notify the employee in writing within 5 days of the

resolution of the investigation and provide such employee a

copy of the adverse finding and any supporting documentation;

5 USC 3322.

5 USC 3304 note.

5 USC 6301 prec.

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130 STAT. 2471 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) provide the employee with a reasonable time, but not

less than 30 days, to respond in writing and to furnish affidavits

and other documentary evidence to show why the adverse

finding was unfounded (a summary of which shall be included

in any notation made to the employee’s personnel file under

subsection (d)); and

‘‘(3) provide a written decision and the specific reasons

therefore to the employee at the earliest practicable date.

‘‘(c) An employee is entitled to appeal the decision of the head

of the agency to make a permanent notation under subsection

(a) to the Merit Systems Protection Board under section 7701.

‘‘(d)(1) If an employee files an appeal with the Merit Systems

Protection Board pursuant to subsection (c), the agency head shall

make a notation in the employee’s official personnel record file

indicating that an appeal disputing the notation is pending not

later than 2 weeks after the date on which such appeal was filed.

‘‘(2) If the head of the agency is the prevailing party on appeal,

not later than 2 weeks after the date that the Board issues the

appeal decision, the head of the agency shall remove the notation

made under paragraph (1) from the employee’s official personnel

record file.

‘‘(3) If the employee is the prevailing party on appeal, not

later than 2 weeks after the date that the Board issues the appeal

decision, the head of the agency shall remove the notation made

under paragraph (1) and the notation of an adverse finding made

under subsection (a) from the employee’s official personnel record

file.

‘‘(e) In this section, the term ‘personnel investigation’ includes—

‘‘(1) an investigation by an Inspector General; and

‘‘(2) an adverse personnel action as a result of performance,

misconduct, or for such cause as will promote the efficiency

of the service under chapter 43 or chapter 75.’’.

(b) A

PPLICATION

.—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.

LERICAL

MENDMENT

.—The table of sections of subchapter

I of chapter 33 of title 5, United States Code, is amended by

inserting after the item relating to section 3321 the following:

‘‘3322. Voluntary separation before resolution of personnel investigation.’’.

TITLE XII—MATTERS RELATING TO

FOREIGN NATIONS

Subtitle A—Assistance and Training

Sec. 1201. One-year extension of logistical support for coalition forces supporting

certain United States military operations.

Sec. 1202. Special Defense Acquisition Fund matters.

Sec. 1203. Codification of authority for support of special operations to combat ter-

rorism.

Sec. 1204. Independent evaluation of strategic framework for Department of De-

fense security cooperation.

Sec. 1205. Sense of Congress regarding an assessment, monitoring, and evaluation

framework for security cooperation.

Subtitle B—Matters Relating to Afghanistan and Pakistan

Sec. 1211. Extension and modification of Commanders’ Emergency Response Pro-

gram.

5 USC 3301 prec.

5 USC 3322 note.

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130 STAT. 2472 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 1212. Extension of authority to acquire products and services produced in

countries along a major route of supply to Afghanistan.

Sec. 1213. Extension and modification of authority to transfer defense articles and

provide defense services to the military and security forces of Afghani-

stan.

Sec. 1214. Special immigrant status for certain Afghans.

Sec. 1215. Modification to semiannual report on enhancing security and stability in

Afghanistan.

Sec. 1216. Prohibition on use of funds for certain programs and projects of the De-

partment of Defense in Afghanistan that cannot be safely accessed by

United States Government personnel.

Sec. 1217. Improvement of oversight of United States Government efforts in Af-

ghanistan.

Sec. 1218. Extension and modification of authority for reimbursement of certain co-

alition nations for support provided to United States military oper-

ations.

Subtitle C—Matters Relating to Syria, Iraq, and Iran

Sec. 1221. Modification and extension of authority to provide assistance to the vet-

ted Syrian opposition.

Sec. 1222. Modification and extension of authority to provide assistance to counter

the Islamic State of Iraq and the Levant.

Sec. 1223. Extension and modification of authority to support operations and activi-

ties of the Office of Security Cooperation in Iraq.

Sec. 1224. Limitation on provision of man-portable air defense systems to the vet-

ted Syrian opposition during fiscal year 2017.

Sec. 1225. Modification of annual report on military power of Iran.

Sec. 1226. Quarterly report on confirmed ballistic missile launches from Iran.

Subtitle D—Matters Relating to the Russian Federation

Sec. 1231. Military response options to Russian Federation violation of INF Treaty.

Sec. 1232. Limitation on military cooperation between the United States and the

Russian Federation.

Sec. 1233. Extension and modification of authority on training for Eastern Euro-

pean national military forces in the course of multilateral exercises.

Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian

Federation over Crimea.

Sec. 1235. Annual report on military and security developments involving the Rus-

sian Federation.

Sec. 1236. Limitation on use of funds to vote to approve or otherwise adopt any im-

plementing decision of the Open Skies Consultative Commission and re-

lated requirements.

Sec. 1237. Extension and enhancement of Ukraine Security Assistance Initiative.

Sec. 1238. Reports on INF Treaty and Open Skies Treaty.

Subtitle E—Reform of Department of Defense Security Cooperation

Sec. 1241. Enactment of new chapter for defense security cooperation.

Sec. 1242. Military-to-military exchanges.

Sec. 1243. Consolidation and revision of authorities for payment of personnel ex-

penses necessary for theater security cooperation.

Sec. 1244. Transfer and revision of certain authorities on payment of expenses of

training and exercises with friendly foreign forces.

Sec. 1245. Transfer and revision of authority to provide operational support to

forces of friendly foreign countries.

Sec. 1246. Department of Defense State Partnership Program.

Sec. 1247. Transfer of authority on Regional Defense Combating Terrorism Fellow-

ship Program.

Sec. 1248. Consolidation of authorities for service academy international engage-

ment.

Sec. 1249. Consolidated annual budget for security cooperation programs and ac-

tivities of the Department of Defense.

Sec. 1250. Department of Defense security cooperation workforce development.

Sec. 1251. Reporting requirements.

Sec. 1252. Quadrennial review of security sector assistance programs and authori-

ties of the United States Government.

Sec. 1253. Other conforming amendments and authority for administration.

Subtitle F—Human Rights Sanctions

Sec. 1261. Short title.

Sec. 1262. Definitions.

Sec. 1263. Authorization of imposition of sanctions.

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130 STAT. 2473 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 1264. Reports to Congress.

Sec. 1265. Sunset.

Subtitle G—Miscellaneous Reports

Sec. 1271. Modification of annual report on military and security developments in-

volving the People’s Republic of China.

Sec. 1272. Monitoring and evaluation of overseas humanitarian, disaster, and civic

aid programs of the Department of Defense.

Sec. 1273. Strategy for United States defense interests in Africa.

Sec. 1274. Report on the potential for cooperation between the United States and

Israel on directed energy capabilities.

Sec. 1275. Annual update of Department of Defense Freedom of Navigation Report.

Sec. 1276. Assessment of proliferation of certain remotely piloted aircraft systems.

Subtitle H—Other Matters

Sec. 1281. Enhancement of interagency support during contingency operations and

transition periods.

Sec. 1282. Two-year extension and modification of authorization of non-conven-

tional assisted recovery capabilities.

Sec. 1283. Authority to destroy certain specified World War II-era United States-

origin chemical munitions located on San Jose Island, Republic of Pan-

ama.

Sec. 1284. Sense of Congress on military exchanges between the United States and

Taiwan.

Sec. 1285. Limitation on availability of funds to implement the Arms Trade Treaty.

Sec. 1286. Prohibition on use of funds to invite, assist, or otherwise assure the par-

ticipation of Cuba in certain joint or multilateral exercises.

Sec. 1287. Global Engagement Center.

Sec. 1288. Modification of United States International Broadcasting Act of 1994.

Sec. 1289. Redesignation of South China Sea Initiative.

Sec. 1290. Measures against persons involved in activities that violate arms control

treaties or agreements with the United States.

Sec. 1291. Agreements with foreign governments to develop land-based water re-

sources in support of and in preparation for contingency operations.

Sec. 1292. Enhancing defense and security cooperation with India.

Sec. 1293. Coordination of efforts to develop free trade agreements with sub-Saha-

ran African countries.

Sec. 1294. Extension and expansion of authority to support border security oper-

ations of certain foreign countries.

Sec. 1295. Modification and clarification of United States-Israel anti-tunnel co-

operation authority.

Sec. 1296. Maintenance of prohibition on procurement by Department of Defense of

People’s Republic of China-origin items that meet the definition of goods

and services controlled as munitions items when moved to the ‘‘600 se-

ries’’ of the Commerce Control List.

Sec. 1297. International sales process improvements.

Sec. 1298. Efforts to end modern slavery.

Subtitle A—Assistance and Training

SEC. 1201. ONE-YEAR EXTENSION OF LOGISTICAL SUPPORT FOR COALI-

TION FORCES SUPPORTING CERTAIN UNITED STATES

MILITARY OPERATIONS.

Section 1234 of the National Defense Authorization Act for

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394), as most

recently amended by section 1201 of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129

Stat. 1035), is further amended—

(1) in subsection (a), by striking ‘‘fiscal year 2016’’ and

inserting ‘‘fiscal year 2017’’;

(2) in subsection (d), by striking ‘‘during the period begin-

ning on October 1, 2015, and ending on December 31, 2016’’

and inserting ‘‘during the period beginning on October 1, 2016,

and ending on December 31, 2017’’; and

(3) in subsection (e)(1), by striking ‘‘December 31, 2016’’

and inserting ‘‘December 31, 2017’’.

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130 STAT. 2474 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1202. SPECIAL DEFENSE ACQUISITION FUND MATTERS.

(a) I

NCREASE IN

IZE

.—Effective as of October 1, 2016, para-

graph (1) of section 114(c) of title 10, United States Code, is

amended by striking ‘‘$1,070,000,000’’ and inserting

‘‘$2,500,000,000’’.

(b) L

IMITED

VAILABILITY OF

ERTAIN

MOUNTS

.—Such section

is further amended—

(1) in paragraph (2)(A), by striking ‘‘limitation in paragraph

(1)’’ and inserting ‘‘limitations in paragraphs (1) and (3)’’; and

(2) by adding at the end the following new paragraph:

‘‘(3) Of the amount available in the Special Defense Acquisition

Fund in any fiscal year after fiscal year 2016, $500,000,000 may

be used in such fiscal year only to procure and stock precision

guided munitions that may be required by partner and allied forces

to enhance the effectiveness of current or future contributions of

such forces to overseas contingency operations conducted or sup-

ported by the United States.’’.

EPORTS

.—

(1) I

NITIAL PLAN ON USE OF AUTHORITY

.—Before exercising

authority for use of amounts in the Special Defense Acquisition

Fund in excess of the size of that Fund as of September 30,

2016, by reason of the amendments made by this section,

the Secretary of Defense shall, with the concurrence of the

Secretary of State, submit to the appropriate committees of

Congress a report on the plan for the use of such amounts.

(2) Q

UARTERLY SPENDING PLAN

.—Not later than 30 days

before the beginning of each fiscal year quarter, the Secretary

of Defense shall, with the concurrence of the Secretary of State,

submit to the appropriate committees of Congress a detailed

plan for the use of amounts in the Special Defense Acquisition

Fund for such fiscal year quarter.

(3) A

NNUAL UPDATES

.—Not later than 90 days after the

end of each fiscal year, the Secretary of Defense shall, with

the concurrence of the Secretary of State, submit to the appro-

priate committees of Congress a report setting forth the inven-

tory of defense articles and services acquired, possessed, and

transferred through the Special Defense Acquisition Fund in

such fiscal year.

(4) A

PPROPRIATE COMMITTEES OF CONGRESS DEFINED

.—In

this subsection, the term ‘‘appropriate committees of Congress’’

has the meaning given that term in section 301(1) of title

10, United States Code (as added by section 1241(a)(3) of this

Act).

SEC. 1203. CODIFICATION OF AUTHORITY FOR SUPPORT OF SPECIAL

OPERATIONS TO COMBAT TERRORISM.

(a) C

ODIFICATION OF

UTHORITY

.—

(1) I

N GENERAL

.—Chapter 3 of title 10, United States Code,

is amended by inserting before section 128 the following new

section:

‘‘§ 127e. Support of special operations to combat terrorism

‘‘(a) A

UTHORITY

.—The Secretary of Defense may, with the

concurrence of the relevant Chief of Mission, expend up to

$100,000,000 during any fiscal year to provide support to foreign

forces, irregular forces, groups, or individuals engaged in supporting

10 USC 127e.

10 USC 114 note.

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130 STAT. 2475 PUBLIC LAW 114–328—DEC. 23, 2016

or facilitating ongoing military operations by United States special

operations forces to combat terrorism.

‘‘(b) F

UNDS

.—Funds for support under this section in a fiscal

year shall be derived from amounts authorized to be appropriated

for that fiscal year for the Department of Defense for operation

and maintenance.

‘‘(c) P

ROCEDURES

.—The authority in this section shall be exer-

cised in accordance with such procedures as the Secretary shall

establish for purposes of this section. The Secretary shall notify

the congressional defense committees of any material modification

of such procedures.

‘‘(d) N

OTIFICATION

.—

‘‘(1) I

N GENERAL

.—Not later than 15 days before exercising

the authority in this section to make funds available to initiate

support of an approved military operation or changing the

scope or funding level of any support for such an operation

by $1,000,000 or an amount equal to 20 percent of such funding

level (whichever is less), or not later than 48 hours after exer-

cising such authority if the Secretary determines that extraor-

dinary circumstances that impact the national security of the

United States exist, the Secretary shall notify the congressional

defense committees of the use of such authority with respect

to that operation. Any such notification shall be in writing.

‘‘(2) E

LEMENTS

.—A notification required by this subsection

shall include the following:

‘‘(A) The type of support provided or to be provided

to United States special operations forces.

‘‘(B) The type of support provided or to be provided

to the recipient of the funds.

‘‘(C) The amount obligated under the authority to pro-

vide support.

‘‘(e) L

IMITATION ON

ELEGATION

.—The authority of the Sec-

retary to make funds available under this section for support of

a military operation may not be delegated.

‘‘(f) I

NTELLIGENCE

CTIVITIES

.—This section does not constitute

authority to conduct a covert action, as such term is defined in

section 503(e) of the National Security Act of 1947 (50 U.S.C.

3093(e)).

‘‘(g) B

IANNUAL

EPORTS

.—

‘‘(1) R

EPORT ON PRECEDING CALENDAR YEAR

.—Not later

than March 1 each year, the Secretary shall submit to the

congressional defense committees a report on the support pro-

vided under this section during the preceding calendar year.

‘‘(2) R

EPORT ON CURRENT CALENDAR YEAR

.—Not later than

September 1 each year, the Secretary shall submit to the

congressional defense committees a report on the support pro-

vided under this section during the first half of the calendar

year in which the report is submitted.

‘‘(3) E

LEMENTS

.—Each report required by this subsection

shall include, for the period covered by such report, the fol-

lowing:

‘‘(A) A summary of the ongoing military operations

by United States special operations forces to combat ter-

rorism that were supported or facilitated by foreign forces,

irregular forces, groups, or individuals for which support

was provided under this section.

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130 STAT. 2476 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(B) A description of the support or facilitation provided

by such foreign forces, irregular forces, groups, or individ-

uals to United States special operations forces.

‘‘(C) The type of recipients that were provided support

under this section, identified by authorized category (for-

eign forces, irregular forces, groups, or individuals).

‘‘(D) The total amount obligated for support under this

section, including budget details.

‘‘(E) The total amount obligated in prior fiscal years

under this section and applicable preceding authority.

‘‘(F) The intended duration of support provided under

this section.

‘‘(G) A description of the support or training provided

to the recipients of support under this section.

‘‘(H) A value assessment of the support provided under

this section, including a summary of significant activities

undertaken by foreign forces, irregular forces, groups, or

individuals to support operations by United States special

operations forces to combat terrorism.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 3 of such title is amended by inserting

before the item relating to section 128 the following new item:

‘‘127e. Support of special operations to combat terrorism.’’.

(b) R

EPEAL OF

UPERSEDED

UTHORITY

.—Section 1208 of the

Ronald W. Reagan National Defense Authorization Act for Fiscal

Year 2005 (Public Law 108–375) is repealed.

SEC. 1204. INDEPENDENT EVALUATION OF STRATEGIC FRAMEWORK

FOR DEPARTMENT OF DEFENSE SECURITY COOPERA-

TION.

(a) E

VALUATION

EQUIRED

.—

(1) I

N GENERAL

.—The Secretary of Defense shall enter into

an agreement with a federally funded research and development

center, or another appropriate independent entity, with exper-

tise in security cooperation to conduct an evaluation of the

implementation of the strategic framework for Department of

Defense security cooperation, as directed by section 1202 of

the National Defense Authorization Act for Fiscal Year 2016

(Public Law 114–92; 129 Stat. 1036; 10 U.S.C. 113 note).

(2) E

LEMENTS

.—The evaluation under paragraph (1) shall

include the following:

(A) An evaluation of the Department of Defense’s

implementation of each of the required elements of the

strategic framework.

(B) An evaluation of the impact of the strategic frame-

work on Department of Defense security cooperation activi-

ties, including the extent to which such activities are being

planned, prioritized, and executed in accordance with the

strategic framework.

guidance, or additional specificity within existing guidance,

is necessary to achieve greater alignment between Depart-

ment of Defense security cooperation activities and the

strategic goals and priorities identified within the strategic

framework.

10 USC 121 prec.

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130 STAT. 2477 PUBLIC LAW 114–328—DEC. 23, 2016

(D) Any other matters the entity that conducts the

evaluation considers appropriate.

(b) R

EPORT

EQUIRED

.—

(1) I

N GENERAL

.—Not later than November 1, 2018, the

Secretary of Defense shall submit to the congressional defense

committees, the Committee on Foreign Relations of the Senate,

and the Committee on Foreign Affairs of the House of Rep-

resentatives a report that includes the evaluation under sub-

section (a) and any other matters the Secretary considers appro-

priate.

(2) F

ORM

.—The report required under paragraph (1) shall

be submitted in unclassified form, but may include a classified

annex.

SEC. 1205. SENSE OF CONGRESS REGARDING AN ASSESSMENT, MONI-

TORING, AND EVALUATION FRAMEWORK FOR SECURITY

COOPERATION.

It is the sense of Congress that—

(1) the Secretary of Defense should develop and maintain

an assessment, monitoring, and evaluation framework for secu-

rity cooperation with foreign countries to ensure accountability

and foster implementation of best practices; and

(2) such framework—

(A) should be consistent with interagency approaches

and existing best practices;

(B) should be sufficiently resourced and appropriately

placed within the Department of Defense to enable the

rigorous examination and measurement of security coopera-

tion efforts towards meeting stated objectives and out-

comes; and

ning, policies, and resource decisions as well as ensure

the effectiveness and efficiency of security cooperation

efforts.

Subtitle B—Matters Relating to

Afghanistan and Pakistan

SEC. 1211. EXTENSION AND MODIFICATION OF COMMANDERS’ EMER-

GENCY RESPONSE PROGRAM.

(a) E

XTENSION

.—Section 1201 of the National Defense

Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125

Stat. 1619), as most recently amended by section 1211 of the

National Defense Authorization Act for Fiscal Year 2016 (Public

Law 114–92; 129 Stat. 1042), is further amended—

(1) in subsection (a)—

(A) by striking ‘‘During fiscal year 2016’’ and inserting

‘‘During the period beginning on October 1, 2016, and

ending on December 31, 2018’’; and

(B) by striking ‘‘in such fiscal year’’ and inserting ‘‘in

such period’’;

(2) in subsection (b), by striking ‘‘fiscal year 2016’’ and

inserting ‘‘fiscal year 2017 and fiscal year 2018’’; and

(3) in subsection (f), by striking ‘‘in fiscal year 2016’’ and

inserting ‘‘during the period beginning on October 1, 2016,

and ending on December 31, 2018’’.

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130 STAT. 2478 PUBLIC LAW 114–328—DEC. 23, 2016

(b) A

UTHORITY FOR

ERTAIN

AYMENTS

EDRESS

NJURY

AND

OSS IN

FGHANISTAN

, I

RAQ

AND

YRIA

.—

(1) I

N GENERAL

.—During the period beginning on October

1, 2016, and ending on December 31, 2018, amounts available

pursuant to section 1201 of the National Defense Authorization

Act for Fiscal Year 2012, as amended by this section, shall

also be available for ex gratia payments for damage, personal

injury, or death that is incident to combat operations of the

Armed Forces in Afghanistan, Iraq, or Syria.

(2) N

OTICE

.—The Secretary of Defense shall, upon each

exercise of the authority in this subsection, submit to the

congressional defense committees a report setting forth the

following:

(A) The amount that will be used for payments pursu-

ant to this subsection.

(B) The manner in which claims for payments shall

be verified.

to approve claims for payments.

(D) The manner in which payments shall be made.

(3) A

UTHORITIES APPLICABLE TO PAYMENT

.—Any payment

made pursuant to this subsection shall be made in accordance

with the authorities and limitations in section 8121 of the

Department of Defense Appropriations Act, 2015 (division C

of Public Law 113–235), other than subsection (h) of such

section.

(4) C

ONSTRUCTION WITH RESTRICTION ON AMOUNT OF PAY

MENTS

.—For purposes of the application of subsection (e) of

such section 1201, as so amended, to any payment pursuant

to this subsection, such payment shall be deemed to be a

project described by such subsection (e).

SEC. 1212. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND

SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR

ROUTE OF SUPPLY TO AFGHANISTAN.

Section 801(f) of the National Defense Authorization Act for

Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2399), as most

recently amended by section 1214 of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129

Stat. 1045), is further amended by striking ‘‘December 31, 2016’’

and inserting ‘‘December 31, 2018’’.

SEC. 1213. EXTENSION AND MODIFICATION OF AUTHORITY TO

TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE

SERVICES TO THE MILITARY AND SECURITY FORCES OF

AFGHANISTAN.

(a) E

XPIRATION

.—Subsection (h) of section 1222 of the National

Defense Authorization Act for Fiscal Year 2013 (Public Law 112–

239; 126 Stat. 1992), as most recently amended by section 1215

of the National Defense Authorization Act for Fiscal Year 2016

(Public Law 114–92; 129 Stat. 1045), is further amended by striking

‘‘December 31, 2016’’ and inserting ‘‘December 31, 2017’’.

(b) C

ONVERSION OF

UARTERLY

EPORTS

NTO

NNUAL

EPORTS

.—Effective on January 1, 2017, subsection (f) of such

section 1222, as so amended, is further amended—

(1) in the subsection heading, by striking ‘‘Q

UARTERLY

’’

and inserting ‘‘A

NNUAL

’’; and

(2) in paragraph (1)—

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130 STAT. 2479 PUBLIC LAW 114–328—DEC. 23, 2016

(A) by striking ‘‘Not later than 90 days’’ and all that

follows through ‘‘in which the authority in subsection (a)

is exercised’’ and inserting ‘‘Not later than March 31 of

any year following a year in which the authority in sub-

section (a) is exercised’’; and

(B) by striking ‘‘during the 90-day period ending on

the date of such report’’ and inserting ‘‘during the preceding

year’’.

XCESS

EFENSE

RTICLES

.—Subsection (i)(2) of such section

1222, as so amended, is further amended by striking ‘‘During fiscal

years 2013, 2014, 2015, and 2016’’ each place it appears and

inserting ‘‘Through December 31, 2017,’’.

SEC. 1214. SPECIAL IMMIGRANT STATUS FOR CERTAIN AFGHANS.

(a) A

LIENS

ESCRIBED

.—Section 602(b)(2)(A)(ii)(I) of the Afghan

Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended

to read as follows:

‘‘(I)(aa) by, or on behalf of, the United States

Government, in the case of an alien submitting

an application for Chief of Mission approval pursu-

ant to subparagraph (D) before the date of the

enactment of the National Defense Authorization

Act for Fiscal Year 2017; or

‘‘(bb) by, or on behalf of, the United States

Government, in the case of an alien submitting

an application for Chief of Mission approval pursu-

ant to subparagraph (D) on or after the date of

the enactment of the National Defense Authoriza-

tion Act for Fiscal Year 2017, which employment

required the alien—

‘‘(AA) to serve as an interpreter or trans-

lator for personnel of the Department of State

or the United States Agency for International

Development in Afghanistan, particularly

while traveling away from United States

embassies or consulates with such personnel;

‘‘(BB) to serve as an interpreter or trans-

lator for United States military personnel in

Afghanistan, particularly while traveling off-

base with such personnel; or

‘‘(CC) to perform sensitive and trusted

activities for the United States Government

in Afghanistan; or’’.

(b) N

UMERICAL

IMITATIONS

.—Section 602(b)(3)(F) of such Act

is amended—

(1) in the matter preceding clause (i), by striking ‘‘7,000’’

and inserting ‘‘8,500’’; and

(2) in each of clauses (i) and (ii), by striking ‘‘December

31, 2016;’’ and inserting ‘‘December 31, 2020’’.

EPORT

.—Section 602(b)(14) of such Act is amended—

(1) by striking ‘‘Not later than 60 days after the date

of the enactment of this paragraph,’’ and inserting ‘‘Not later

than December 31, 2016, and annually thereafter through

January 31, 2021,’’; and

(2) in subparagraph (A)(i), by striking ‘‘under this section;’’

and inserting ‘‘under subclause (I) or (II)(bb) of paragraph

(2)(A)(ii);’’.

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130 STAT. 2480 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1215. MODIFICATION TO SEMIANNUAL REPORT ON ENHANCING

SECURITY AND STABILITY IN AFGHANISTAN.

(a) R

EPORTS

EQUIRED

.—Subsection (a)(2) of section 1225 of

the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense

Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128

Stat. 3550) is amended by striking ‘‘December 15, 2017’’ and

inserting ‘‘December 15, 2019’’.

(b) M

ATTERS

NCLUDED

.—Subsection (b) of such section

is amended by adding at the end the following:

‘‘(8) A

FGHAN PERSONNEL AND PAY SYSTEM

.—A description

of the status of the implementation of the Afghan Personnel

and Pay System (APPS) at the Afghan Ministry of Interior

and the Afghan Ministry of Defense for personnel funds pro-

vided through the Afghanistan Security Forces Fund, including,

with respect to each such Ministry—

‘‘(A) the expected completion date for full implementa-

tion of the APPS;

‘‘(B) the extent to which the APPS is being utilized;

‘‘(C) an explanation of any challenges or delays

affecting full implementation of the APPS;

‘‘(D) a description of the steps taken to mitigate fraud,

waste, and abuse in the disbursement of personnel funds

prior to full implementation of the APPS; and

‘‘(E) an estimate of cost savings by reason of full

implementation of the APPS.’’.

SEC. 1216. PROHIBITION ON USE OF FUNDS FOR CERTAIN PROGRAMS

AND PROJECTS OF THE DEPARTMENT OF DEFENSE IN

AFGHANISTAN THAT CANNOT BE SAFELY ACCESSED BY

UNITED STATES GOVERNMENT PERSONNEL.

(a) P

ROHIBITION

.—

(1) I

N GENERAL

.—Amounts available to the Department

of Defense may not be obligated or expended for a construction

or other infrastructure program or project of the Department

in Afghanistan if military or civilian personnel of the United

States Government or their representatives with authority to

conduct oversight of such program or project cannot safely

access such program or project.

(2) A

PPLICABILITY

.—Paragraph (1) shall apply only with

respect to a program or project that is initiated on or after

the date of the enactment of this Act.

(b) W

AIVER

.—

(1) I

N GENERAL

.—The prohibition in subsection (a) may

be waived with respect to a program or project otherwise cov-

ered by that subsection if a determination described in para-

graph (2) is made as follows:

(A) In the case of a program or project with an esti-

mated lifecycle cost of less than $1,000,000, by the con-

tracting officer assigned to oversee the program or project.

(B) In the case of a program or project with an esti-

mated lifecycle cost of $1,000,000 or more, but less than

$20,000,000, by the Commander of the Combined Security

Transition Command-Afghanistan.

mated lifecycle cost of $20,000,000 or more, but less than

$40,000,000, by the Commander of United States Forces-

Afghanistan.

10 USC 2241

note.

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130 STAT. 2481 PUBLIC LAW 114–328—DEC. 23, 2016

(D) In the case of a program or project with an esti-

mated lifecycle cost of $40,000,000 or more, by the Sec-

retary of Defense.

(2) D

ETERMINATION

.—A determination described in this

paragraph with respect to a program or project is a determina-

tion of each of the following:

(A) That the program or project clearly contributes

to United States national interests or strategic objectives.

(B) That the Government of Afghanistan has requested

or expressed a need for the program or project.

with the Government of Afghanistan, and with any other

implementing agencies or international donors.

(D) That security conditions permit effective

implementation and oversight of the program or project.

(E) That the program or project includes safeguards

to detect, deter, and mitigate corruption and waste, fraud,

and abuse of funds.

(F) That adequate arrangements have been made for

the sustainment of the program or project following its

completion, including arrangements with respect to funding

and technical capacity for sustainment.

(G) That meaningful metrics have been established

to measure the progress and effectiveness of the program

or project in meeting its objectives.

(3) N

OTICE ON CERTAIN WAIVERS

.—In the event a waiver

is issued under paragraph (1) for a program or project described

in subparagraph (D) of that paragraph, the Secretary of Defense

shall notify Congress of the waiver not later than 15 days

after the issuance of the waiver.

SEC. 1217. IMPROVEMENT OF OVERSIGHT OF UNITED STATES GOVERN-

MENT EFFORTS IN AFGHANISTAN.

(a) R

EPORT ON

IG O

VERSIGHT

CTIVITIES IN

FGHANISTAN

URING

ISCAL

EAR

2017.—Not later than 60 days after the date

of the enactment of this Act, the Lead Inspector General for Oper-

ation Freedom’s Sentinel, as designated pursuant to section 8L

of the Inspector General Act of 1978 (5 U.S.C. App.), shall, in

coordination with the Inspector General of the Department of State,

the Inspector General of the United States Agency for International

Development, and the Special Inspector General for Afghanistan

Reconstruction, submit to the appropriate committees of Congress

a report on the oversight activities of United States Inspectors

General in Afghanistan planned for fiscal year 2017.

(b) E

LEMENTS

.—The report required by subsection (a) shall

include the following:

(1) A description of the requirements, responsibilities, and

focus areas of each Inspector General of the United States

planning to conduct oversight activities in Afghanistan during

fiscal year 2017.

(2) A comprehensive list of the funding to be used for

the oversight activities described in paragraph (1).

(3) A list of the oversight activities and products anticipated

to be produced by each Inspector General of the United States

in connection with oversight activities in Afghanistan during

fiscal year 2017.

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130 STAT. 2482 PUBLIC LAW 114–328—DEC. 23, 2016

(4) An identification of any anticipated overlap among the

planned oversight activities of Inspectors General of the United

States in Afghanistan during fiscal year 2017, and a justifica-

tion for such overlap.

(5) A description of the processes by which the Inspectors

General of the United States coordinate and reduce

redundancies in requests for information to United States

Government officials executing funds in Afghanistan.

(6) A description of the specific professional standards

expected to be used to ensure the quality of different types

of products issued by the Inspectors General regarding Afghani-

stan, including periodic reports to Congress and audits of Fed-

eral establishments, organizations, programs, activities, and

functions.

(7) Any other matters the Lead Inspector General for Oper-

ation Freedom’s Sentinel considers appropriate.

PPROPRIATE

OMMITTEES OF

ONGRESS

EFINED

.—In this

section, the term ‘‘appropriate committees of Congress’’ means—

(1) the Committee on Armed Services, the Committee on

Foreign Relations, the Committee on Homeland Security and

Governmental Affairs, and the Committee Appropriations of

the Senate; and

(2) the Committee on Armed Services, the Committee on

Foreign Affairs, the Committee on Homeland Security, and

the Committee Appropriations of the House of Representatives.

SEC. 1218. EXTENSION AND MODIFICATION OF AUTHORITY FOR

REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR

SUPPORT PROVIDED TO UNITED STATES MILITARY OPER-

ATIONS.

(a) E

XTENSION

.—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) M

ODIFICATION OF

UTHORITIES

.—Such section, as so

amended, is further amended—

(1) in subsection (a), by striking ‘‘the Secretary of Defense

may reimburse any key cooperating nation’’ and all that follows

and inserting ‘‘the Secretary of Defense may reimburse—

‘‘(1) any key cooperating nation (other than Pakistan) for—

‘‘(A) logistical and military support provided by that

nation to or in connection with United States military

operations in Afghanistan, Iraq, or Syria; and

‘‘(B) logistical, military, and other support, including

access, provided by that nation to or in connection with

United States military operations described in subpara-

graph (A); and

‘‘(2) Pakistan for certain activities meant to enhance the

security situation in the Afghanistan-Pakistan border region

and for counterterrorism.’’; and

(2) in subsection (b), by striking ‘‘in Iraq or in Operation

Enduring Freedom in Afghanistan’’ and inserting ‘‘in Afghani-

stan, Iraq, or Syria’’.

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130 STAT. 2483 PUBLIC LAW 114–328—DEC. 23, 2016

IMITATION ON

MOUNTS

VAILABLE

.—Subsection (d)(1) of

such section, as so amended, is further amended—

(1) in the second sentence, by striking ‘‘during fiscal year

2016 may not exceed $1,160,000,000’’ and inserting ‘‘during

the period beginning on October 1, 2016, and ending on

December 31, 2017, may not exceed $1,100,000,000’’;

(2) in the third sentence, by striking ‘‘fiscal year 2016’’

and inserting ‘‘the period beginning on October 1, 2016, and

ending on December 31, 2017,’’; and

(3) by striking the first sentence.

(d) R

EIMBURSEMENT OF

AKISTAN FOR

ECURITY

NHANCEMENT

CTIVITIES

.—Such section, as so amended, is further amended—

(1) by redesignating subsections (e), (f), and (g) as sub-

sections (f), (g), and (h), respectively; and

(2) by inserting after subsection (d) the following:

‘‘(e) R

EIMBURSEMENT OF

AKISTAN FOR

ECURITY

NHANCEMENT

CTIVITIES

.—

‘‘(1) A

CTIVITIES

.—Reimbursement authorized by subsection

(a)(2) may be provided for activities as follows:

‘‘(A) Counterterrorism activities, including the fol-

lowing:

‘‘(i) Eliminating infrastructure, training areas, and

sanctuaries used by terrorist groups, and preventing

the establishment of new or additional infrastructure,

training areas, and sanctuaries.

‘‘(ii) Direct action against individuals that are

involved in or supporting terrorist activities.

‘‘(iii) Any other activity recognized by the Secretary

of Defense as a counterterrorism activity for purposes

of subsection (a)(2).

‘‘(B) Border security activities along the Afghanistan-

Pakistan border, including the following:

‘‘(i) Building and maintaining border outposts.

‘‘(ii) Strengthening cooperative efforts between the

Pakistan military and the Afghan National Defense

and Security Forces, including border security coopera-

tion.

‘‘(iii) Maintaining access to and securing key

ground lines of communication.

‘‘(iv) Providing training and equipment for the

Pakistan Frontier Corps Khyber Pakhtunkhwa.

‘‘(v) Improving interoperability between the Paki-

stan military and the Pakistan Frontier Corps Khyber

Pakhtunkhwa.

‘‘(C) Any activities carried out by the Pakistan military

that the Secretary of Defense determines and reports to

the appropriate congressional committees have enhanced

the security of United States personnel stationed in

Afghanistan or enhanced the effectiveness of United States

military personnel in conducting counterterrorism oper-

ations and training, advising, and assisting the Afghan

National Defense and Security Forces.

‘‘(2) R

EPORT

.—Not later than December 31, 2017, the Sec-

retary of Defense shall submit to the appropriate congressional

committees a report on the expenditure of funds under the

authority in subsection (a)(2), including a description of the

following:

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130 STAT. 2484 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) The purpose for which such funds were expended.

‘‘(B) Each organization on whose behalf such funds

were expended, including the amount expended on such

organization and the number of members of such organiza-

tion supported by such amount.

‘‘(C) Any limitation imposed on the expenditure of

funds under subsection (a)(2), including on any recipient

of funds or any use of funds expended.

‘‘(3) I

NFORMATION ON CLAIMS DISALLOWED OR DEFERRED

BY THE UNITED STATES

.—

‘‘(A) I

N GENERAL

.—The Secretary of Defense shall

submit to the appropriate congressional committees, in the

manner specified in subparagraph (B), an itemized descrip-

tion of the costs claimed by the Government of Pakistan

for activities specified in paragraph (1) provided by Govern-

ment of Pakistan to the United States for which the United

States will disallow or defer reimbursement to the Govern-

ment of Pakistan under the authority in subsection (a)(2).

‘‘(B) M

ANNER OF SUBMITTAL

.—

‘‘(i) I

N GENERAL

.—To the maximum extent prac-

ticable, the Secretary shall submit each itemized

description of costs required by subparagraph (A) not

later than 180 days after the date on which a decision

to disallow or defer reimbursement for the costs

claimed is made.

‘‘(ii) F

ORM

.—Each itemized description of costs

under clause (i) shall be submitted in an unclassified

form, but may include a classified annex.’’.

(e) E

XTENSION OF

OTICE

EQUIREMENT

ELATING TO

EIMBURSEMENT OF

AKISTAN FOR

UPPORT

ROVIDED BY

AKI

STAN

.—Section 1232(b)(6) of the National Defense Authorization

Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended

by section 1212(c) of the National Defense Authorization Act for

Fiscal Year 2016 (129 Stat. 1043), is further amended by striking

‘‘September 30, 2016’’ and inserting ‘‘December 31, 2017’’.

(f) E

XTENSION OF

IMITATION ON

EIMBURSEMENT OF

AKISTAN

ENDING

ERTIFICATION ON

AKISTAN

.—Section 1227(d)(1) of the

National Defense Authorization Act for Fiscal Year 2013 (Public

Law 112–239; 126 Stat. 2001), as most recently amended by section

1212(d) of the National Defense Authorization Act for Fiscal Year

2016 (129 Stat. 1043), is further amended by striking ‘‘for fiscal

year 2016 or any prior fiscal year’’ and inserting ‘‘for any period

prior to December 31, 2017’’.

(g) A

DDITIONAL

IMITATION ON

EIMBURSEMENT OF

AKISTAN

ENDING

ERTIFICATION ON

AKISTAN

.—Of the total amount of

reimbursements and support authorized for Pakistan during the

period beginning on October 1, 2016, and ending on December

31, 2017, pursuant to the third sentence of section 1233(d)(1) of

the National Defense Authorization Act for Fiscal Year 2008 (as

amended by subsection (b)(2)), $400,000,000 shall not be eligible

for the waiver under section 1227(d)(2) of the National Defense

Authorization Act for Fiscal Year 2013 (126 Stat. 2001) unless

the Secretary of Defense certifies to the congressional defense

committees that—

(1) Pakistan continues to conduct military operations that

are contributing to significantly disrupting the safe haven and

freedom of movement of the Haqqani Network in Pakistan;

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130 STAT. 2485 PUBLIC LAW 114–328—DEC. 23, 2016

(2) Pakistan has taken steps to demonstrate its commit-

ment to prevent the Haqqani Network from using any Pakistani

territory as a safe haven;

(3) the Government of Pakistan actively coordinates with

the Government of Afghanistan to restrict the movement of

militants, such as the Haqqani Network, along the Afghanistan-

Pakistan border; and

(4) Pakistan has shown progress in arresting and pros-

ecuting Haqqani Network senior leaders and mid-level

operatives.

Subtitle C—Matters Relating to Syria, Iraq,

and Iran

SEC. 1221. MODIFICATION AND EXTENSION OF AUTHORITY TO PRO-

VIDE ASSISTANCE TO THE VETTED SYRIAN OPPOSITION.

(a) I

ENERAL

.—Subsection (a) of section 1209 of the Carl

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-

tion Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541)

is amended by striking ‘‘December 31, 2016’’ and inserting

‘‘December 31, 2018’’.

(b) R

EPROGRAMMING

EQUIREMENT

.—Subsection (f) of such sec-

tion, as amended by section 1225(e) of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129

Stat. 1055), is further amended in paragraph (1) by striking

‘‘December 31, 2016’’ and inserting ‘‘December 31, 2018’’.

SEC. 1222. MODIFICATION AND EXTENSION OF AUTHORITY TO PRO-

VIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF

IRAQ AND THE LEVANT.

(a) A

UTHORITY

.—Subsection (a) of section 1236 of the Carl

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-

tion Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559)

is amended by striking ‘‘December 31, 2016’’ and inserting

‘‘December 31, 2018’’.

(b) F

UNDING

.—Subsection (g) of such section, as amended by

section 1223 of the National Defense Authorization Act for Fiscal

Year 2016 (Public Law 114–92; 129 Stat. 1049), is further

amended—

(1) by striking the first sentence and inserting the fol-

lowing: ‘‘Of the amounts authorized to be appropriated in the

National Defense Authorization Act for Fiscal Year 2017 for

Overseas Contingency Operations in title XV for fiscal year

2017, there are authorized to be appropriated $630,000,000

to carry out this section.’’; and

(2) by striking the second sentence.

DDITIONAL

SSESSMENT ON

ERTAIN

CTIONS BY

OVERN

MENT OF

RAQ

.—Subsection (l) of such section, as added by section

1223(e) of the National Defense Authorization Act for Fiscal Year

2016 (Public Law 114–92; 129 Stat. 1050), is amended in paragraph

(1)(A) by striking ‘‘National Defense Authorization Act for Fiscal

Year 2016’’ and inserting ‘‘National Defense Authorization Act for

Fiscal Year 2017, and annually thereafter’’.

(d) P

ROHIBITION ON

SSISTANCE AND

EPORT ON

QUIPMENT

UPPLIES

RANSFERRED TO OR

CQUIRED BY

IOLENT

XTREMIST

RGANIZATIONS

.—Subsection (f) of section 1223 of the National

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130 STAT. 2486 PUBLIC LAW 114–328—DEC. 23, 2016

Defense Authorization Act for Fiscal Year 2016 (Public Law 114–

92; 129 Stat. 1050) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘, as so amended,’’; and

(B) by inserting ‘‘(and annually thereafter until

December 31, 2018)’’ after ‘‘certifies to the appropriate

congressional committees, after the date of the enactment

of this Act’’; and

(2) in paragraph (2), by striking ‘‘, as so amended,’’.

SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUP-

PORT OPERATIONS AND ACTIVITIES OF THE OFFICE OF

SECURITY COOPERATION IN IRAQ.

(a) E

XTENSION OF

UTHORITY

.—Subsection (f)(1) of section 1215

of the National Defense Authorization Act for Fiscal Year 2012

(Public Law 112–81; 125 Stat. 1631; 10 U.S.C. 113 note), as most

recently amended by section 1221 of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129

Stat. 1047), is further amended by striking ‘‘fiscal year 2016’’ and

inserting ‘‘fiscal year 2017’’.

(b) L

IMITATION ON

MOUNT

.—Subsection (c) of such section

is amended—

(1) by striking ‘‘fiscal year 2016’’ and inserting ‘‘fiscal year

2017’’; and

(2) by striking ‘‘$80,000,000’’ and inserting ‘‘$70,000,000’’.

OURCE OF

UNDS

.—Subsection (d) of such section is

amended by striking ‘‘fiscal year 2016’’ and inserting ‘‘fiscal year

2017’’.

SEC. 1224. LIMITATION ON PROVISION OF MAN-PORTABLE AIR

DEFENSE SYSTEMS TO THE VETTED SYRIAN OPPOSITION

DURING FISCAL YEAR 2017.

(a) N

OTICE AND

AIT

.—If a determination is made during fiscal

year 2017 to use funds available to the Department of Defense

for that fiscal year to provide man-portable air defense systems

(MANPADs) to the vetted Syrian opposition pursuant to the

authority in section 1209 of the Carl Levin and Howard P. ‘‘Buck’’

McKeon National Defense Authorization Act for Fiscal Year 2015

(Public Law 113–291; 128 Stat. 3541), such funds may not be

used for that purpose until—

(1) the Secretary of Defense and the Secretary of State

jointly submit to the appropriate congressional committees a

report on the determination; and

(2) 30 days elapses after the date of the submittal of

such report to the appropriate congressional committees.

(b) E

LEMENTS

.—The report under subsection (a) shall set forth

the following:

(1) A description of each element of the vetted Syrian

opposition that will provided man-portable air defense systems

as described in subsection (a), including—

(A) the geographic location of such element;

(B) a detailed intelligence assessment of such element;

within the broader conflict in Syria; and

(D) a description and assessment of the assurance,

if any, received by the commander of such element in

connection with the provision of man-portable air defense

systems.

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130 STAT. 2487 PUBLIC LAW 114–328—DEC. 23, 2016

(2) The number and type of man-portable air defense sys-

tems to be so provided.

(3) The logistics plan for providing and resupplying each

element to be so provided man-portable air defense systems

with additional man-portable air defense systems.

(4) The duration of support to be provided in connection

with the provision of man-portable air defense systems.

(5) The justification for the provision of man-portable air

defense systems to each element of the vetted Syrian opposition,

including an explanation of the purpose and expected employ-

ment of such systems.

(6) Any other matters that the Secretary of Defense and

the Secretary of State jointly consider appropriate.

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’ has

the meaning given that term in section 1209(e)(2) of the Carl

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-

tion Act for Fiscal Year 2015.

SEC. 1225. MODIFICATION OF ANNUAL REPORT ON MILITARY POWER

OF IRAN.

(a) I

ENERAL

.—Section 1245(b)(3) of the National Defense

Authorization Act for Fiscal Year 2010 (10 U.S.C. 113 note) is

amended by striking subparagraph (F) and inserting the following

new subparagraph (F):

‘‘(F) Iran’s cyber capabilities, including—

‘‘(i) Iran’s ability to use proxies and other actors

to mask its cyber operations;

‘‘(ii) Iran’s ability to target United States govern-

mental and nongovernmental entities and activities;

and

‘‘(iii) cooperation with or assistance from state and

non-state actors in support or enhancement of Iran’s

cyber capabilities;’’.

(b) E

FFECTIVE

ATE

.—The amendment made by subsection (a)

shall take effect on January 1, 2018, and shall apply with respect

to reports required to be submitted under section 1245 of the

National Defense Authorization Act for Fiscal Year 2010 on or

after that date.

SEC. 1226. QUARTERLY REPORT ON CONFIRMED BALLISTIC MISSILE

LAUNCHES FROM IRAN.

(a) Q

UARTERLY

EPORT ON

ONFIRMED

AUNCHES

.—Not later

than the last day of the first fiscal year quarter beginning after

the date of the enactment of this Act, and every 90 days thereafter,

the Director of National Intelligence shall submit to the appropriate

committees of Congress a report describing any confirmed ballistic

missile launch by Iran during the previous calendar quarter.

(b) Q

UARTERLY

EPORT ON

MPOSITION OF

ANCTIONS IN

ONNECTION

ITH

AUNCHES

.—Not later than the last day of the

second fiscal year quarter beginning after the date of the enactment

of this Act, and every 90 days thereafter, the Secretary of State

and the Secretary of Treasury shall jointly submit to the appropriate

committees of Congress a report setting forth a description of the

following:

(1) The efforts, if any, to impose unilateral sanctions

against appropriate entities or individuals in connection with

a confirmed ballistic missile launch from Iran.

10 USC 113 note.

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130 STAT. 2488 PUBLIC LAW 114–328—DEC. 23, 2016

(2) The diplomatic efforts, if any, to impose multilateral

sanctions against appropriate entities or individuals in connec-

tion with such a confirmed ballistic missile launch.

(3) Any other matters the Secretaries consider appropriate.

ONCURRENT

UBMITTAL OF

UARTERLY

EPORTS

.—The

report on a calendar quarter under subsection (a) shall be submitted

concurrently with the report on the calendar quarter under sub-

section (b).

(d) F

ORM

.—Each report under this section shall, to the extent

practicable, be submitted in unclassified form, but may include

a classified annex.

(e) S

UNSET

.—No report is required under this section after

December 31, 2019.

(f) A

PPROPRIATE

OMMITTEES OF

ONGRESS

EFINED

.—In this

section, the term ‘‘appropriate committees of Congress’’ means—

(1) the Committee on Armed Services, the Committee on

Foreign Relations, the Committee on Banking, Housing, and

Urban Affairs, and the Select Committee on Intelligence of

the Senate; and

(2) the Committee on Armed Services, the Committee on

Foreign Affairs, the Committee on Financial Services, and the

Permanent Select Committee on Intelligence of the House of

Representatives.

Subtitle D—Matters Relating to the

Russian Federation

SEC. 1231. MILITARY RESPONSE OPTIONS TO RUSSIAN FEDERATION

VIOLATION OF INF TREATY.

An amount equal to $10,000,000 of the amount authorized

to be appropriated or otherwise made available to the Department

of Defense for fiscal year 2017 to provide support services to the

Executive Office of the President shall be withheld from obligation

or expenditure until the Secretary of Defense completes the mean-

ingful development of the military capabilities described in para-

graph (1) of section 1243(d) of the National Defense Authorization

Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1062),

as required to be addressed in the plan under that paragraph,

in accordance with the requirements described in paragraph (3)

of such section.

SEC. 1232. LIMITATION ON MILITARY COOPERATION BETWEEN THE

UNITED STATES AND THE RUSSIAN FEDERATION.

(a) L

IMITATION

.—None of the funds authorized to be appro-

priated for fiscal year 2017 for the Department of Defense may

be used for any bilateral military-to-military cooperation between

the Governments of the United States and the Russian Federation

until the Secretary of Defense, in coordination with the Secretary

of State, certifies to the appropriate congressional committees that—

(1) the Russian Federation has ceased its occupation of

Ukrainian territory and its aggressive activities that threaten

the sovereignty and territorial integrity of Ukraine and mem-

bers of the North Atlantic Treaty Organization; and

(2) the Russian Federation is abiding by the terms of

and taking steps in support of the Minsk Protocols regarding

a ceasefire in eastern Ukraine.

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130 STAT. 2489 PUBLIC LAW 114–328—DEC. 23, 2016

(b) N

ONAPPLICABILITY

.—The limitation in subsection (a) shall

not apply to—

(1) any activities necessary to ensure the compliance of

the United States with its obligations or the exercise of rights

of the United States under any bilateral or multilateral arms

control or nonproliferation agreement or any other treaty obliga-

tion of the United States; and

(2) any activities required to provide logistical or other

support to the conduct of United States or North Atlantic

Treaty Organization military operations in Afghanistan or the

withdrawal from Afghanistan.

AIVER

.—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) E

XCEPTION FOR

ERTAIN

ILITARY

ASES

.—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) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services and the Committee

on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee

on Foreign Affairs of the House of Representatives.

SEC. 1233. EXTENSION AND MODIFICATION OF AUTHORITY ON

TRAINING FOR EASTERN EUROPEAN NATIONAL MILITARY

FORCES IN THE COURSE OF MULTILATERAL EXERCISES.

(a) F

ORCES

LIGIBLE FOR

RAINING

.—Subsection (a) of section

1251 of the National Defense Authorization Act for Fiscal Year

2016 (Public Law 114–92; 129 Stat. 1070; 10 U.S.C. 2282 note)

is amended by striking ‘‘national military forces’’ and inserting

‘‘national security forces’’.

(b) A

DDITIONAL

OURCE OF

UNDING

.—Subsection (d)(2) of such

section is amended by adding at the end the following new subpara-

graph:

‘‘(C) Amounts authorized to be appropriated for a fiscal

year for overseas contingency operations for operation and

maintenance, Army, and available for additional activities

for the European Deterrence Initiative for that fiscal year.’’.

-Y

EAR

XTENSION

.—Subsection (h) of such section is

amended—

(1) by striking ‘‘September 30, 2017’’ and inserting ‘‘Sep-

tember 30, 2018’’; and

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130 STAT. 2490 PUBLIC LAW 114–328—DEC. 23, 2016

(2) by striking ‘‘through 2017’’ and inserting ‘‘through

2018’’.

(d) C

ONFORMING

MENDMENT

.—The heading of such section

is amended to read as follows:

‘‘SEC. 1251. TRAINING FOR EASTERN EUROPEAN NATIONAL SECURITY

FORCES IN THE COURSE OF MULTILATERAL EXERCISES.’’.

SEC. 1234. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO

SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER

CRIMEA.

(a) P

ROHIBITION

.—None of the funds authorized to be appro-

priated by this Act or otherwise made available for fiscal year

2017 for the Department of Defense may be obligated or expended

to implement any activity that recognizes the sovereignty of the

Russian Federation over Crimea.

(b) W

AIVER

.—The Secretary of Defense, with the concurrence

of the Secretary of State, may waive the restriction on the obligation

or expenditure of funds required by subsection (a) if the Secretary—

(1) determines that to do so is in the national security

interest of the United States; and

(2) submits to the Committee on Armed Services and the

Committee on Foreign Relations of the Senate and the Com-

mittee on Armed Services and the Committee on Foreign Affairs

of the House of Representatives a notification of the waiver

at the time the waiver is invoked.

SEC. 1235. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOP-

MENTS INVOLVING THE RUSSIAN FEDERATION.

(a) A

DDITIONAL

ATTERS

NCLUDED IN

EPORT

.—Sub-

section (b) of section 1245 of the Carl Levin and Howard P. ‘‘Buck’’

McKeon National Defense Authorization Act for Fiscal Year 2015

(Public Law 113–291; 128 Stat. 3566), as amended by section 1248

of the National Defense Authorization Act for Fiscal Year 2016

(Public Law 114–92; 129 Stat. 1066), is further amended—

(1) by redesignating paragraphs (10) through (18) as para-

graphs (12) through (20), respectively;

(2) by inserting after paragraph (9) the following new para-

graphs:

‘‘(10) In consultation with the Secretary of State, the Sec-

retary of the Treasury, and the Director of National Intel-

ligence, an assessment of Russia’s diplomatic, economic, and

intelligence operations in Ukraine.

‘‘(11) A summary of all Russian foreign military deploy-

ments, as of the date that is one month before the date of

submission of the report, including for each deployment the

estimated number of forces deployed, the types of capabilities

deployed (including any advanced weapons), the length of

deployment as of such date, and, if known, any basing agree-

ment with the host nation.’’;

(3) by striking paragraph (14), as redesignated by para-

graph (1) of this subsection, and inserting the following new

paragraph:

‘‘(14) An analysis of the nuclear strategy and associated

doctrine of Russia and of the capabilities, range, and readiness

of all Russian nuclear systems and delivery methods.’’; and

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130 STAT. 2491 PUBLIC LAW 114–328—DEC. 23, 2016

(4) in paragraph (18)(B), as redesignated by paragraph

(1) of this subsection, by striking ‘‘day before the date of submis-

sion of the report’’ and inserting ‘‘date that is one month before

the date of submission of the report’’.

(b) P

UBLISHING

EQUIREMENT

.—Such section is further

amended—

(1) by redesignating subsections (d), (e), and (f) as sub-

sections (e), (f), and (g), respectively; and

(2) by inserting after subsection (c) the following new sub-

section:

‘‘(d) P

UBLISHING

EQUIREMENT

.—Upon submission of the report

required under subsection (a) in both classified and unclassified

form, the Secretary of Defense shall publish the unclassified form

on the website of the Department of Defense.’’.

UNSET

.—Subsection (g) of such section, as redesignated

by subsection (b)(1) of this section, is amended by striking ‘‘June

1, 2018’’ and inserting ‘‘January 31, 2021’’.

SEC. 1236. LIMITATION ON USE OF FUNDS TO VOTE TO APPROVE OR

OTHERWISE ADOPT ANY IMPLEMENTING DECISION OF

THE OPEN SKIES CONSULTATIVE COMMISSION AND

RELATED REQUIREMENTS.

(a) L

IMITATION

.—None of the funds authorized to be appro-

priated or otherwise made available by this Act or any other Act

for fiscal year 2017 or any subsequent fiscal year may be used

to vote to approve or otherwise adopt any implementing decision

of the Open Skies Consultative Commission pursuant to Article

X of the Open Skies Treaty to authorize approval of requests by

state parties to the Treaty to certify infra-red or synthetic aperture

radar sensors pursuant to Article IV of the Treaty unless and

until the Secretary of Defense, jointly with the relevant United

States Government officials, submits to the appropriate congres-

sional committees the following:

(1) A certification that the implementing decision would

not be detrimental or otherwise harmful to the national security

of the United States.

(2) A report on the Open Skies Treaty that includes the

following:

(A) The annual costs to the United States associated

with countermeasures to combat potential abuses of

observation flights by the Russian Federation carried out

under the Treaty over European and United States terri-

tories involving infra-red or synthetic aperture radar sen-

sors.

(B) A plan, and its estimated comparative cost, to

replace the Treaty architecture with a more robust sharing

of overhead commercial imagery, consistent with United

States national security, with covered state parties,

excluding the Russian Federation.

ligence of matters concerning how an observation flight

described in subparagraph (A) could implicate intelligence

activities of the Russian Federation in the United States

and United States counterintelligence activities and

vulnerabilities.

(D) An assessment of how such information is used

by the Russian Federation, for what purpose, and how

22 USC 8909.

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130 STAT. 2492 PUBLIC LAW 114–328—DEC. 23, 2016

the information fits into the Russian Federation’s overall

collection posture.

(b) C

ERTIFICATION

.—Not later than 90 days before the date

on which the United States votes to approve or otherwise adopt

any implementing decision of the Open Skies Consultative Commis-

sion as described in subsection (a), the Secretary of State shall—

(1) submit to the appropriate congressional committees a

certification that—

(A) the Russian Federation—

(i) is not taking any actions that are inconsistent

with the terms of the Open Skies Treaty;

(ii) is not exceeding the imagery limits set forth

in the Treaty; and

(iii) is allowing observation flights by covered state

parties over all of Moscow, Chechnya, Kaliningrad and

within 10 kilometers of its border with Georgia’s occu-

pied territories of Abkhazia and South Ossetia without

restriction and without inconsistency to requirements

under the Treaty; and

(B) covered state parties have been notified and briefed

on concerns of the intelligence community (as defined in

section 3 of the National Security Act of 1947 (50 U.S.C.

3003)) regarding infra-red or synthetic aperture radar sen-

sors used under the Open Skies Treaty; or

(2) if the Secretary of State is unable to make a certification

under paragraph (1), submit to the appropriate congressional

committees a report that contains the reasons why the Sec-

retary cannot make such certification and a justification why

it is in the national interest of the United States to vote

to approve or otherwise adopt such implementing decision.

UARTERLY

EPORT

.—

(1) I

N GENERAL

.—The Secretary of Defense, jointly with

the Secretary of Energy, the Secretary of Homeland Security,

the Director of the Federal Bureau of Investigation, and the

Director of National Intelligence, shall submit to the appro-

priate congressional committees on a quarterly basis a report

on all observation flights by the Russian Federation over the

United States during the preceding calendar quarter.

(2) C

ONTENTS

.—The report required under paragraph (1)

shall include the following with respect to each such observation

flight:

(A) A description of the flight path.

(B) An analysis of whether and the extent to which

any United States critical infrastructure was the subject

of image capture activities of such observation flight.

the Department of Defense or other United States Govern-

ment agencies by such observation flight.

(D) An assessment of how such information is used

by the Russian Federation, for what purpose, and how

the information fits into the Russian Federation’s overall

collection posture.

(3) S

UNSET

.—The requirements of this subsection shall

terminate 5 years after the date of the enactment of this

Act.

(d) A

DDITIONAL

IMITATION

.—

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130 STAT. 2493 PUBLIC LAW 114–328—DEC. 23, 2016

(1) I

N GENERAL

.—Not more than 65 percent of the funds

authorized to be appropriated or otherwise made available by

this Act or any other Act for fiscal year 2017 may be used

to carry out any activities to implement the Open Skies Treaty

until the requirements described in paragraph (2) are met.

(2) R

EQUIREMENTS DESCRIBED

.—The requirements

described in this paragraph are the following:

(A) The Director of National Intelligence and the

Director of the National Geospatial-Intelligence Agency

jointly submit to the appropriate congressional committees

a report on the following:

(i) Whether it is possible, consistent with United

States national security interests, to provide enhanced

access to United States commercial imagery or other

United States capabilities, consistent with the protec-

tion of sources and methods and United States national

security, to covered state parties that is qualitatively

similar to that derived by observation flights over the

territory of the United States or over the territory

of a covered state party under the Open Skies Treaty,

on a more timely basis.

(ii) What the cost would be to provide enhanced

access to such commercial imagery or other capabilities

as compared to the current imagery sharing through

the Treaty.

(iii) Whether any new agreements would be needed

to provide enhanced access to such commercial imagery

or other capabilities and what would be required to

obtain such agreements.

(iv) Whether transitioning to such commercial

imagery or other capabilities from the current imagery

sharing through the Treaty would reduce opportunities

by the Russian Federation to exceed imagery limits

and reduce utility for Russian intelligence collection

against the United States or covered state parties.

(v) How such commercial imagery or other capabili-

ties would compare to the current imagery sharing

through the Treaty.

(B) The Secretary of State, in consultation with the

Director of the National Geospatial Intelligence Agency

and the Secretary of Defense, submits to the appropriate

congressional committees a report that—

(i) details the costs for implementation of the Open

Skies Treaty, including—

(I) mitigation costs relating to national secu-

rity; and

(II) aircraft, sensors, and related overhead and

implementation costs for covered state parties; and

(ii) describes the impact on contributions and

participation by covered state parties and relationships

among covered state parties in the context of the Open

Skies Treaty, the North Atlantic Treaty Organization,

and any other venues for United States partnership

dialogue and activity.

(e) F

ORM

.—Each certification, report, and notice required under

this section shall be submitted in unclassified form, but may contain

a classified annex if necessary.

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130 STAT. 2494 PUBLIC LAW 114–328—DEC. 23, 2016

(f) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means—

(A) the Committee on Armed Services, the Committee

on Foreign Relations, and the Select Committee on Intel-

ligence of the Senate; and

(B) the Committee on Armed Services, the Committee

on Foreign Affairs, and the Permanent Select Committee

on Intelligence of the House of Representatives.

(2) C

OVERED 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) I

NFRA

RED OR SYNTHETIC APERTURE RADAR SENSOR

.—

The term ‘‘infra-red or synthetic aperture radar sensor’’ means

a sensor that is classified as—

(A) an infra-red line-scanning device under category

C of paragraph 1 of Article IV of the Open Skies Treaty;

(B) a sideways-looking synthetic aperture radar under

category D of paragraph 1 of Article IV of the Open Skies

Treaty.

(4) O

BSERVATION FLIGHT

.—The term ‘‘observation flight’’

has the meaning given such term in Article II of the Open

Skies Treaty.

(5) O

PEN SKIES TREATY

;

TREATY

.—The term ‘‘Open Skies

Treaty’’ or ‘‘Treaty’’ means the Treaty on Open Skies, done

at Helsinki March 24, 1992, and entered into force January

1, 2002.

(6) R

ELEVANT UNITED STATES GOVERNMENT OFFICIALS

.—

The term ‘‘relevant United States Government officials’’ means

the following:

(A) The Secretary of Energy.

(B) The Secretary of Homeland Security.

(D) The Director of National Intelligence.

(E) The Commander of U.S. Strategic Command and

the Commander of U.S. Northern Command in the case

of an observation flight over the territory of the United

States.

(F) The Commander of U.S. European Command in

the case of an observation flight other than an observation

flight described in subparagraph (E).

(7) S

ENSOR

.—The term ‘‘sensor’’ has the meaning given

such term in Article II of the Open Skies Treaty.

SEC. 1237. EXTENSION AND ENHANCEMENT OF UKRAINE SECURITY

ASSISTANCE INITIATIVE.

(a) F

UNDING

.—Section 1250 of the National Defense Authoriza-

tion Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068)

is amended—

(1) in subsection (a), by striking ‘‘Of the amounts’’ and

all that follows through ‘‘shall be available to’’ and inserting

‘‘Amounts available for a fiscal year under subsection (f) shall

be available to’’;

(2) by redesignating subsection (f) as subsection (h); and

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130 STAT. 2495 PUBLIC LAW 114–328—DEC. 23, 2016

(3) by inserting after subsection (e) the following new sub-

section (f):

‘‘(f) F

UNDING

.—From amounts authorized to be appropriated

for the fiscal year concerned for the Department of Defense for

overseas contingency operations, up to the following shall be avail-

able for purposes of subsection (a):

‘‘(1) For fiscal year 2016, $300,000,000.

‘‘(2) For fiscal year 2017, $350,000,000.’’.

(b) A

DDITIONAL

UTHORIZED

SSISTANCE

.—Subsection (b) of

such section is amended by adding at the end the following new

paragraphs:

‘‘(10) Equipment and technical assistance to the State

Border Guard Service of Ukraine for the purpose of developing

a comprehensive border surveillance network for Ukraine.

‘‘(11) Training for staff officers and senior leadership of

the military.’’.

VAILABILITY OF

UNDS

.—Subsection (c) of such section is

amended—

(1) by striking paragraphs (1) and (2) and inserting the

following new paragraphs:

‘‘(1) A

SSISTANCE FOR UKRAINE

.—Not more than

$175,000,000 of the funds available for fiscal year 2017 pursu-

ant to subsection (f)(2) may be used for purposes of subsection

(a) until the certification described in paragraph (2) is made.

‘‘(2) C

ERTIFICATION

.—The certification described in this

paragraph is a certification by the Secretary of Defense, in

coordination with the Secretary of State, that the Government

of Ukraine has taken substantial actions to make defense

institutional reforms, in such areas as civilian control of the

military, cooperation and coordination with Verkhovna Rada

efforts to exercise oversight of the Ministry of Defense and

military forces, increased transparency and accountability in

defense procurement, and improvement in transparency,

accountability, and potential opportunities for privatization in

the defense industrial sector, for purposes of decreasing corrup-

tion, increasing accountability, and sustaining improvements

of combat capability enabled by assistance under subsection

(a). The certification shall include an assessment of the substan-

tial actions taken to make such defense institutional reforms

and the areas in which additional action is needed.’’;

(2) in paragraph (3), by striking the matter preceding

subparagraph (A) and inserting the following:

‘‘(3) O

THER PURPOSES

.—If in fiscal year 2017 funds are

not available for purposes of subsection (a) by reason of the

lack of a certification described in paragraph (2), such funds

may be used in that fiscal year for the purposes as follows,

with not more than $100,000,000 available for the purposes

as follows for any particular country:’’; and

(3) by adding at the end the following new paragraph:

‘‘(4) N

OTICE TO CONGRESS

.—Not later than 15 days before

providing assistance or support under paragraph (3), the Sec-

retary of Defense shall submit to the congressional defense

committees, the Committee on Foreign Relations of the Senate,

and the Committee on Foreign Affairs of the House of Rep-

resentatives a notification containing the following:

‘‘(A) The recipient foreign country.

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130 STAT. 2496 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(B) A detailed description of the assistance or support

to be provided, including—

‘‘(i) the objectives of such assistance or support;

‘‘(ii) the budget for such assistance or support;

and

‘‘(iii) the expected or estimated timeline for

delivery of such assistance or support.

‘‘(C) Such other matters as the Secretary considers

appropriate.’’.

(d) C

ONSTRUCTION

ITH

THER

UTHORITY

.—Such section is

further amended by inserting after subsection (f), as amended by

subsection (a)(3) of this section, the following new subsection (g):

‘‘(g) C

ONSTRUCTION

ITH

THER

UTHORITY

.—The authority

to provide assistance and support pursuant to subsection (a), and

the authority to provide assistance and support under subsection

(c), is in addition to authority to provide assistance and support

under title 10, United States Code, the Foreign Assistance Act

of 1961, the Arms Export Control Act, or any other provision of

law.’’.

(e) E

XTENSION

.—Subsection (h) of such section, as redesignated

by subsection (a)(2) of this section, is amended by striking

‘‘December 31, 2017’’ and inserting ‘‘December 31, 2018’’.

(f) E

XTENSION OF

EPORTS ON

ILITARY

SSISTANCE TO

KRAINE

.—Section 1275(e) of the Carl Levin and Howard P. ‘‘Buck’’

McKeon National Defense Authorization Act for Fiscal Year 2015

(Public Law 113–291; 128 Stat. 3592), as amended by section

1250(g) of the National Defense Authorization Act for Fiscal Year

2016, is further amended by striking ‘‘December 31, 2017’’ and

inserting ‘‘January 31, 2021’’.

SEC. 1238. REPORTS ON INF TREATY AND OPEN SKIES TREATY.

(a) R

EPORTS

.—Not later than 90 days after the date of the

enactment of this Act, the Chairman of the Joint Chiefs of Staff

shall submit to the appropriate congressional committees the fol-

lowing reports:

(1) A report on the Open Skies Treaty containing—

(A) an assessment, conducted by the Chairman jointly

with the Secretary of Defense and the Secretary of State,

of whether and why the Treaty remains in the national

security interest of the United States, including if there

are compliance concerns related to implementation of the

Treaty by the Russian Federation;

(B) a specific plan by the Chairman jointly with the

Secretary of Defense and the Secretary of State on rem-

edying any such compliance concerns; and

of such compliance concerns.

(2) A report on the INF Treaty containing—

(A) an assessment, conducted by the Chairman jointly

with the Secretary of Defense and the Secretary of State,

of whether and why the Treaty remains in the national

security interest of the United States, including how any

ongoing violations bear on the assessment if such a viola-

tion is not resolved in the near-term;

(B) a specific plan by the Chairman jointly with the

Secretary of Defense and the Secretary of State to remedy

violation of the Treaty by the Russian Federation, and

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130 STAT. 2497 PUBLIC LAW 114–328—DEC. 23, 2016

a judgment of whether the Russian Federation intends

to take the steps required to establish verifiable evidence

that the Russian Federation has resumed its compliance

with the Treaty if such non-compliance and inconsistencies

are not resolved by the date of the enactment of this

Act; and

of the risks posed by violation of the Treaty by the Russian

Federation.

(b) U

PDATE

.—Not later than February 15, 2018, the Chairman,

the Secretary of Defense, and the Secretary of State shall jointly

submit to the appropriate congressional committees an update to

each report under subsection (a).

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the Committee on Armed Services, the Committee

on Foreign Affairs, and the Permanent Select Committee

on Intelligence of the House of Representatives; and

(B) the Committee on Armed Services, the Committee

on Foreign Relations, and the Select Committee on Intel-

ligence of the Senate.

(2) The term ‘‘INF Treaty’’ means the Treaty Between

the United States of America and the Union of Soviet Socialist

Republics on the Elimination of Their Intermediate-Range and

Shorter-Range Missiles, commonly referred to as the ‘‘Inter-

mediate-Range Nuclear Forces (INF) Treaty’’, signed at Wash-

ington December 8, 1987, and entered into force June 1, 1988.

(3) The term ‘‘Open Skies Treaty’’ means the Treaty on

Open Skies, done at Helsinki March 24, 1992, and entered

into force January 1, 2002.

Subtitle E—Reform of Department of

Defense Security Cooperation

SEC. 1241. ENACTMENT OF NEW CHAPTER FOR DEFENSE SECURITY

COOPERATION.

(a) S

TATUTORY

EORGANIZATION

.—Part I of subtitle A of title

10, United States Code, is amended—

(1) by redesignating chapters 13, 15, 17, and 18 as chapters

12, 13, 14, and 15, respectively;

(2) by redesignating sections 261, 311, 312, 331, 332, 333,

334, 335, 351, 371, 372, 373, 374, 375, 376, 377, 378, 379,

380, 381, 382, 383, and 384 (as added by section 1011 of

this Act) as sections 241, 246, 247, 251, 252, 253, 254, 255,

261, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281,

282, 283, and 284, respectively; and

(3) by inserting after chapter 15, as redesignated by para-

graph (1), the following new chapter:

‘‘CHAPTER 16—SECURITY COOPERATION

‘‘Subchapter Sec.

‘‘I. General Matters ............................................................................................ 301

‘‘II. Military-to-Military Engagements .......................................................... 311

‘‘III. Training With Foreign Forces ............................................................... 321

‘‘IV. Support for Operations and Capacity Building ................................. 331

10 USC 301 prec.

10 USC 311 prec.,

351 prec., 371

prec.

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130 STAT. 2498 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘V. Educational and Training Activities ..................................................... 341

‘‘VI. Limitations on Use of Department of Defense Funds ...................... 361

‘‘VII. Administrative and Miscellaneous Matters ....................................... 381

‘‘SUBCHAPTER I—GENERAL MATTERS

‘‘Sec.

‘‘301. Definitions.

‘‘§ 301. Definitions

‘‘In this chapter:

‘‘(1) The terms ‘appropriate congressional committees’ and

‘appropriate committees of Congress’ mean—

‘‘(A) the Committee on Armed Services, the Committee

on Foreign Relations, and the Committee on Appropriations

of the Senate; and

‘‘(B) the Committee on Armed Services, the Committee

on Foreign Affairs, and the Committee on Appropriations

of the House of Representatives.

‘‘(2) The term ‘defense article’ has the meaning given that

term in section 644 of the Foreign Assistance Act of 1961

(22 U.S.C. 2403).

‘‘(3) The term ‘defense service’ has the meaning given that

term in section 644 of the Foreign Assistance Act of 1961

(22 U.S.C. 2403).

‘‘(4) The term ‘developing country’ has the meaning pre-

scribed by the Secretary of Defense for purposes of this chapter

in accordance with section 1241(n) of the National Defense

Authorization Act for Fiscal Year 2017.

‘‘(5) The term ‘incremental expenses’, with respect to a

foreign country—

‘‘(A) means the reasonable and proper costs of rations,

fuel, training ammunition, transportation, and other goods

and services consumed by the country as a direct result

of the country’s participation in activities authorized by

this chapter; and

‘‘(B) does not include—

‘‘(i) any form of lethal assistance (excluding

training ammunition); or

‘‘(ii) pay, allowances, and other normal costs of

the personnel of the country.

‘‘(6) The term ‘national security forces’, in the case of a

foreign country, means the following:

‘‘(A) National military and national-level security forces

of the foreign country that have the functional responsibil-

ities for which training is authorized in section 333(a)

of this title.

‘‘(B) With respect to operations referred to in section

333(a)(2) of this title, military and civilian first responders

of the foreign country at the national or local level that

have such operations among their functional responsibil-

ities.

‘‘(7) The term ‘security cooperation programs and activities

of the Department of Defense’ means any program, activity

(including an exercise), or interaction of the Department of

Defense with the security establishment of a foreign country

to achieve a purpose as follows:

10 USC 301.

10 USC 301 prec.

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130 STAT. 2499 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) To build and develop allied and friendly security

capabilities for self-defense and multinational operations.

‘‘(B) To provide the armed forces with access to the

foreign country during peacetime or a contingency oper-

ation.

‘‘(C) To build relationships that promote specific United

States security interests.

‘‘(8) The term ‘small-scale construction’ means construction

at a cost not to exceed $750,000 for any project.

‘‘(9) The term ‘training’ has the meaning given the term

‘military education and training’ in section 644 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2403).

‘‘SUBCHAPTER II—MILITARY-TO-MILITARY ENGAGEMENTS

‘‘Sec.

‘‘311. Exchange of defense personnel between United States and friendly foreign

countries: authority.

‘‘312. Payment of personnel expenses necessary for theater security cooperation.

‘‘313. Bilateral or regional cooperation programs: awards and mementos to recognize

superior noncombat achievements or performance.

‘‘SUBCHAPTER III—TRAINING WITH FOREIGN FORCES

‘‘Sec.

‘‘321. Training with friendly foreign countries: payment of training and exercise ex-

penses.

‘‘322. Special operations forces: training with friendly foreign forces.

‘‘SUBCHAPTER IV—SUPPORT FOR OPERATIONS AND

CAPACITY BUILDING

‘‘Sec.

‘‘331. Friendly foreign countries: authority to provide support for conduct of oper-

ations.

‘‘332. Friendly foreign countries; international and regional organizations: defense

institution capacity building.

‘‘333. Foreign security forces: authority to build capacity.

‘‘SUBCHAPTER V—EDUCATIONAL AND TRAINING

ACTIVITIES

‘‘Sec.

‘‘341. Department of Defense State Partnership Program.

‘‘342. Regional centers for security studies.

‘‘343. Western Hemisphere Institute for Security Cooperation.

‘‘344. Participation in multinational military centers of excellence.

‘‘345. Regional Defense Combating Terrorism Fellowship Program.

‘‘346. Distribution to certain foreign personnel of education and training materials

and information technology to enhance military interoperability with the

armed forces.

‘‘347. International engagement authorities for service academies.

‘‘348. Aviation Leadership Program.

‘‘349. Inter-American Air Forces Academy.

‘‘350. Inter-European Air Forces Academy.

‘‘SUBCHAPTER VI—LIMITATIONS ON USE OF DEPARTMENT

OF DEFENSE FUNDS

‘‘Sec.

‘‘361. Prohibition on providing financial assistance to terrorist countries.

‘‘362. Prohibition on use of funds for assistance to units of foreign security forces

that have committed a gross violation of human rights.

10 USC 361 prec.

10 USC 341 prec.

10 USC 331 prec.

10 USC 321 prec.

10 USC 311 prec.

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130 STAT. 2500 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘SUBCHAPTER VII—ADMINISTRATIVE AND

MISCELLANEOUS MATTERS

‘‘Sec.

‘‘381. Consolidated budget.

‘‘382. Execution and administration of programs and activities.

‘‘383. Assessment, monitoring, and evaluation of programs and activities.

‘‘384. Department of Defense security cooperation workforce development.

‘‘385. Department of Defense support for other departments and agencies of the

United States Government that advance Department of Defense security

cooperation objectives.

‘‘386. Annual report.’’.

(b) T

RANSFER OF

ECTION

1051

.—Section 1051b of title 10,

United States Code, is transferred to chapter 16 of such title,

as added by subsection (a)(3), inserted after the table of sections

at the beginning of subchapter II of such chapter, and redesignated

as section 313.

ODIFICATION OF

ECTION

1081

FY 2012 NDAA.—

(1) C

ODIFICATION

.—Chapter 16 of title 10, United States

Code, as added by subsection (a)(3), is amended by inserting

after the table of sections at the beginning of subchapter IV

a new section 332 consisting of—

(A) a heading as follows:

‘‘§ 332. Friendly foreign countries; international and regional

organizations: defense institution capacity

building’’; and

(B) a text consisting of the text of subsections (a),

(b), and (d) of section 1081 of the National Defense

Authorization Act for Fiscal Year 2012 (10 U.S.C. 168

note).

(2) C

ONFORMING AMENDMENT

.—Section 332 of title 10,

United States Code, as so amended, is further amended by

redesignating subsection (d) as subsection (c).

(3) C

ONFORMING REPEAL

.—Section 1081 of the National

Defense Authorization Act for Fiscal Year 2012 is repealed.

(d) S

UPERSEDING

UTHORITY

RAIN AND

QUIP

OREIGN

ECURITY

ORCES

.—

(1) S

UPERSEDING AUTHORITY

.—Chapter 16 of title 10,

United States Code, as added by subsection (a)(3), is amended

by inserting after section 332, as added by subsection (c), the

following new section:

‘‘§ 333. Foreign security forces: authority to build capacity

‘‘(a) A

UTHORITY

.—The Secretary of Defense is authorized to

conduct or support a program or programs to provide training

and equipment to the national security forces of one or more foreign

countries for the purpose of building the capacity of such forces

to conduct one or more of the following:

‘‘(1) Counterterrorism operations.

‘‘(2) Counter-weapons of mass destruction operations.

‘‘(3) Counter-illicit drug trafficking operations.

‘‘(4) Counter-transnational organized crime operations.

‘‘(5) Maritime and border security operations.

‘‘(6) Military intelligence operations.

‘‘(7) Operations or activities that contribute to an inter-

national coalition operation that is determined by the Secretary

to be in the national interest of the United States.

10 USC 333 note.

10 USC 168 note.

10 USC 332 note.

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130 STAT. 2501 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(b) C

ONCURRENCE AND

OORDINATION

ITH

ECRETARY OF

TATE

.—

‘‘(1) C

ONCURRENCE IN CONDUCT OF PROGRAMS

.—The concur-

rence of the Secretary of State is required to conduct or support

any program authorized by subsection (a).

‘‘(2) J

OINT DEVELOPMENT AND PLANNING OF PROGRAMS

.—

The Secretary of Defense and the Secretary of State shall

jointly develop and plan any program carried out pursuant

to subsection (a).

‘‘(3) I

MPLEMENTATION OF PROGRAMS

.—The Secretary of

Defense and the Secretary of State shall coordinate the

implementation of any program under subsection (a). The Sec-

retary of Defense and the Secretary of State shall each des-

ignate an individual responsible for program coordination under

this paragraph at the lowest appropriate level in the Depart-

ment concerned.

‘‘(4) C

OORDINATION IN PREPARATION OF CERTAIN NOTICES

.—

Any notice required by this section to be submitted to the

appropriate committees of Congress shall be prepared in

coordination with the Secretary of State.

‘‘(c) T

YPES OF

APACITY

UILDING

.—

‘‘(1) A

UTHORIZED ELEMENTS

.—A program under subsection

(a) may include the provision and sustainment of defense arti-

cles, training, defense services, supplies (including

consumables), and small-scale construction.

‘‘(2) R

EQUIRED ELEMENTS

.—A program under subsection

(a) shall include elements that promote the following:

‘‘(A) Observance of and respect for the law of armed

conflict, human rights and fundamental freedoms, and the

rule of law.

‘‘(B) Respect for civilian control of the military.

‘‘(3) H

UMAN RIGHTS TRAINING

.—In order to meet the

requirement in paragraph (2)(A) with respect to particular

national security forces under a program under subsection (a),

the Secretary of Defense shall certify, prior to the initiation

of the program, that the Department of Defense is already

undertaking, or will undertake as part of the security sector

assistance provided to the foreign country concerned, human

rights training that includes a comprehensive curriculum on

human rights and the law of armed conflict, as applicable,

to such national security forces.

‘‘(4) I

NSTITUTIONAL CAPACITY BUILDING

.—In order to meet

the requirement in paragraph (2)(B) with respect to a particular

foreign country under a program under subsection (a), the

Secretary shall certify, prior to the initiation of the program,

that the Department is already undertaking, or will undertake

as part of the program, a program of institutional capacity

building with appropriate institutions of such foreign country

that is complementary to the program with respect to such

foreign country under subsection (a). The purpose of the pro-

gram of institutional capacity building shall be to enhance

the capacity of such foreign country to exercise responsible

civilian control of the national security forces of such foreign

country.

‘‘(d) L

IMITATIONS

.—

‘‘(1) A

SSISTANCE OTHERWISE PROHIBITED BY LAW

.—The Sec-

retary of Defense may not use the authority in subsection

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130 STAT. 2502 PUBLIC LAW 114–328—DEC. 23, 2016

(a) to provide any type of assistance described in subsection

‘‘(2) P

ROHIBITION ON ASSISTANCE TO UNITS THAT HAVE COM

MITTED GROSS VIOLATIONS OF HUMAN RIGHTS

.—The provision

of assistance pursuant to a program under subsection (a) shall

be subject to the provisions of section 362 of this title.

‘‘(3) D

URATION OF SUSTAINMENT SUPPORT

.—Sustainment

support may not be provided pursuant to a program under

subsection (a), or for equipment previously provided by the

Department of Defense under any authority available to the

Secretary during fiscal year 2015 or 2016, for a period in

excess of five years unless the notice on the program pursuant

to subsection (e) includes the information specified in paragraph

(7) of subsection (e).

‘‘(e) N

OTICE AND

AIT ON

CTIVITIES

NDER

ROGRAMS

.—Not

later than 15 days before initiating activities under a program

under subsection (a), the Secretary of Defense shall submit to

the appropriate committees of Congress a written and electronic

notice of the following:

‘‘(1) The foreign country, and specific unit, whose capacity

to engage in activities specified in subsection (a) will be built

under the program, and the amount, type, and purpose of

the support to be provided.

‘‘(2) A detailed evaluation of the capacity of the foreign

country and unit to absorb the training or equipment to be

provided under the program.

‘‘(3) The cost, implementation timeline, and delivery

schedule for assistance under the program.

‘‘(4) A description of the arrangements, if any, for the

sustainment of the program and the estimated cost and source

of funds to support sustainment of the capabilities and perform-

ance outcomes achieved under the program beyond its comple-

tion date, if applicable.

‘‘(5) Information, including the amount, type, and purpose,

on the security assistance provided the foreign country during

the three preceding fiscal years pursuant to authorities under

this title, the Foreign Assistance Act of 1961, and any other

train and equip authorities of the Department of Defense.

‘‘(6) A description of the elements of the theater security

cooperation plan of the geographic combatant command con-

cerned, and of the interagency integrated country strategy,

that will be advanced by the program.

‘‘(7) In the case of a program described in subsection (d)(3),

each of the following:

‘‘(A) A written justification that the provision of

sustainment support described in that subsection for a

period in excess of five years will enhance the security

interest of the United States.

‘‘(B) To the extent practicable, a plan to transition

such sustainment support from funding through the

Department to funding through another security sector

assistance program of the United States Government or

funding through partner nations.

‘‘(f) Q

UARTERLY

ONITORING

EPORTS

.—The Director of the

Defense Security Cooperation Agency shall, on a quarterly basis,

submit to the appropriate committees of Congress a report setting

forth, for the preceding calendar quarter, the following:

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130 STAT. 2503 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(1) Information, by recipient country, of the delivery and

execution status of all defense articles, training, defense serv-

ices, supplies (including consumables), and small-scale construc-

tion under programs under subsection (a).

‘‘(2) Information on the timeliness of delivery of defense

articles, defense services, supplies (including consumables), and

small-scale construction when compared with delivery schedules

for such articles, services, supplies, and construction previously

provided to Congress.

‘‘(3) Information, by recipient country, on the status of

funds allocated for programs under subsection (a), including

amounts of unobligated funds, unliquidated obligations, and

disbursements.

‘‘(g) F

UNDING

.—

‘‘(1) S

OLE SOURCE OF FUNDS

.—Amounts for programs car-

ried out pursuant to subsection (a) in a fiscal year, and for

other purposes in connection with such programs as authorized

by this section, may be derived only from amounts authorized

to be appropriated for such fiscal year for the Department

of Defense for operation and maintenance, Defense-wide, and

available for the Defense Security Cooperation Agency for such

programs and purposes.

‘‘(2) A

VAILABILITY OF FUNDS FOR PROGRAMS ACROSS FISCAL

YEARS

.—

‘‘(A) I

N GENERAL

.—Amounts available in a fiscal year

to carry out the authority in subsection (a) may be used

for programs under that authority that begin in such fiscal

year and end not later than the end of the second fiscal

year thereafter.

‘‘(B) A

CHIEVEMENT OF FULL OPERATIONAL CAPACITY

.—

If, in accordance with subparagraph (A), equipment or

training is delivered under a program under the authority

in subsection (a) in the fiscal year after the fiscal year

in which the program begins, amounts for defense articles,

training, defense services, supplies (including

consumables), and small-scale construction associated with

such equipment or training and necessary to ensure that

the recipient unit achieves full operational capability for

such equipment or training may be used in the fiscal year

in which the foreign country takes receipt of such equip-

ment and in the next two fiscal years.’’.

(2) F

UNDING FOR FISCAL YEAR 2017

.—Amounts may be avail-

able for fiscal year 2017 for programs and other purposes

described in subsection (g) of section 333 of title 10, United

States Code, as added by paragraph (1), as follows:

(A) Amounts authorized to be appropriated by section

301 for operation and maintenance, Defense-wide, and

available for the Defense Security Cooperation Agency for

such programs and purposes as specified in the funding

table in section 4301.

(B) Amounts authorized to be appropriated by section

1407 for Drug Interdiction and Counter-Drug Activities,

Defense-Wide, as specified in the funding table in section

4501.

1504 for operation and maintenance, Defense-wide, for

overseas contingency operations and available for the

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130 STAT. 2504 PUBLIC LAW 114–328—DEC. 23, 2016

Defense Security Cooperation Agency for such programs

and purposes as specified in the funding table in section

4302.

(D) Amounts authorized to be appropriated by section

1504 for operation and maintenance, Defense-wide, for

overseas contingency operations and available for the

Counter Islamic State of Iraq and the Levant Fund as

specified in the funding table in section 4302, which

amounts may be available for such programs and other

purposes with respect to a country other than Iraq or

Syria if—

(i) such programs and other purposes are for the

purpose of countering the Islamic State of Iraq and

the Levant; and

(ii) notice on the use of such amounts for such

programs and other purposes is provided to Congress

in accordance with subsection (e) of section 333 of

title 10, United States Code, as so added.

(E) Amounts authorized to be appropriated by section

1507 for Drug Interdiction and Counter-Drug Activities,

Defense-Wide, for overseas contingency operations as speci-

fied in the funding table in section 4502 or 4503.

(F) Amounts available for fiscal years before fiscal

year 2017 for the Counterterrorism Partnerships Fund that

remain available for obligation in fiscal year 2017.

(3) L

IMITATION ON AVAILABILITY OF FUNDS FOR FISCAL YEAR

2017

.—Of the amounts available for fiscal year 2017 pursuant

to paragraph (2) for programs and other purposes described

in subsection (g) of section 333 of title 10, United States Code,

as so added, not more than 65 percent of such amounts may

be used for such purposes until the guidance required by para-

graph (4) is submitted to the congressional defense committees

as required by paragraph (4).

(4) G

UIDANCE

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall

prescribe, and submit to the congressional defense committees,

initial policy guidance on roles, responsibilities, and processes

in connection with programs and activities authorized by section

333 of title 10, United States Code, as so added. Not later

than 270 days after the date of the enactment of this Act,

the Secretary shall prescribe, and submit to the congressional

defense committees, final policy guidance on roles, responsibil-

ities, and processes in connection with such programs and

activities.

(5) C

ONFORMING REPEALS

.—Effective as of the date that

is 270 days after the date of the enactment of this Act, the

following provisions of law are repealed:

(A) Section 2282 of title 10, United States Code.

(B) The following provisions of the National Defense

Authorization Act for Fiscal Year 2014 (Public Law 113–

66):

(i) Section 1204 (127 Stat. 896; 10 U.S.C. 401

note).

(ii) Section 1207 (127 Stat. 902; 22 U.S.C. 2151

note).

10 USC 2282

note.

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130 STAT. 2505 PUBLIC LAW 114–328—DEC. 23, 2016

Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.

1881).

(6) C

LERICAL AMENDMENT

.—Effective as of the date that

is 270 days after the date of the enactment of this Act, the

table of sections at the beginning of chapter 136 of title 10,

United States Code, is amended by striking the item relating

to section 2282.

(e) T

RANSFER AND

ODIFICATION OF

ECTION

184

AND

ODIFICA

TION OF

ELATED

ROVISIONS

.—

(1) T

RANSFER AND REDESIGNATION

.—Section 184 of title

10, United States Code, is transferred to chapter 16 of such

title as added by subsection (a)(3), inserted after the table

of sections at the beginning of subchapter V of such chapter,

and redesignated as section 342.

(2) M

ODIFICATION OF AUTHORITIES AND CODIFICATION OF

REIMBURSEMENT

RELATED PROVISIONS

.—Section 342 of title 10,

United States Code, as so transferred and redesignated, is

amended—

(A) in subsection (a), by striking ‘‘and exchange of

ideas’’ and inserting ‘‘exchange of ideas, and training’’;

(B) in subsection (b)—

(i) in paragraph (1)(B), by striking ‘‘and exchange

of ideas’’ and inserting ‘‘exchange of ideas, and

training’’; and

(ii) in paragraph (3), by striking ‘‘, except as specifi-

cally provided by law after October 17, 2006’’;

new sentence: ‘‘The regulations shall prioritize within the

respective areas of focus of each Regional Center the func-

tional areas for engagement of territorial and maritime

security, transnational and asymmetric threats, and

defense sector governance.’’; and

(D) in subsection (f)—

(i) in paragraph (3)—

(I) by inserting ‘‘(A)’’ after ‘‘(3)’’;

(II) in subparagraph (A), as so designated, by

striking ‘‘civilian government officials’’ and

inserting ‘‘personnel’’; and

(III) by adding at the end the following new

subparagraph:

‘‘(B)(i) The Secretary of Defense may, with the concurrence

of the Secretary of State, waive reimbursement otherwise required

under this subsection of the costs of activities of the Regional

Centers for personnel of nongovernmental and international

organizations who participate in activities of the Regional Centers

that enhance cooperation of nongovernmental organizations and

international organizations with United States forces if the Sec-

retary of Defense determines that attendance of such personnel

without reimbursement is in the national security interest of the

United States.

‘‘(ii) The amount of reimbursement that may be waived under

clause (i) in any fiscal year may not exceed $1,000,000.’’; and

(ii) in paragraph (5), by striking ‘‘under the Latin

American cooperation authority’’ and all that follows

and inserting ‘‘under section 312 of this title are also

10 USC 2281

prec. and note.

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130 STAT. 2506 PUBLIC LAW 114–328—DEC. 23, 2016

available for the costs of the operation of the Regional

Centers.’’.

(3) C

ODIFICATION OF PROVISIONS RELATING TO SPECIFIC CEN

TERS

.—Such section 342, as so transferred and redesignated,

is further amended by adding at the end the following new

subsections:

‘‘(h) A

UTHORITIES

PECIFIC TO

ARSHALL

ENTER

.—(1) The Sec-

retary of Defense may authorize participation by a European or

Eurasian country in programs of the George C. Marshall Center

for Security Studies (in this subsection referred to as the ‘Marshall

Center’) if the Secretary determines, after consultation with the

Secretary of State, that such participation is in the national interest

of the United States.

‘‘(2)(A) In the case of any person invited to serve without

compensation on the Marshall Center Board of Visitors, the Sec-

retary of Defense may waive any requirement for financial disclo-

sure that would otherwise apply to that person solely by reason

of service on such Board.

‘‘(B) A member of the Marshall Center Board of Visitors may

not be required to register as an agent of a foreign government

solely by reason of service as a member of the Board.

‘‘(C) Notwithstanding section 219 of title 18, a non-United

States citizen may serve on the Marshall Center Board of Visitors

even though registered as a foreign agent.

‘‘(3)(A) The Secretary of Defense may waive reimbursement

of the costs of conferences, seminars, courses of instruction, or

similar educational activities of the Marshall Center for military

officers and civilian officials from states located in Europe or the

territory of the former Soviet Union if the Secretary determines

that attendance by such personnel without reimbursement is in

the national security interest of the United States.

‘‘(B) Costs for which reimbursement is waived pursuant to

subparagraph (A) shall be paid from appropriations available for

the Center.

‘‘(i) A

UTHORITIES

PECIFIC TO

NOUYE

ENTER

.—(1) The Sec-

retary of Defense may waive reimbursement of the cost of con-

ferences, seminars, courses of instruction, or similar educational

activities of the Daniel K. Inouye Center for Security Studies for

military officers and civilian officials of foreign countries if the

Secretary determines that attendance by such personnel, without

reimbursement, is in the national security interest of the United

States.

‘‘(2) Costs for which reimbursement is waived pursuant to para-

graph (1) shall be paid from appropriations available for the

Center.’’.

(4) A

NNUAL REVIEW OF PROGRAM STRUCTURE AND PROGRAMS

OF CENTERS

.—Such section 342, as amended by this subsection,

is further amended by adding at the end the following new

subsection:

‘‘(j) A

NNUAL

EVIEW OF

ROGRAM

TRUCTURE AND

ROGRAMS

ENTERS

.—(1) The Secretary shall on an annual basis review

the program and structure of each Regional Center in order to

determine whether such Regional Center is appropriately aligned

with the strategic priorities of the Department of Defense and

the applicable geographic combatant commands.

‘‘(2) The Secretary may revise the program, structure, or both

of a Regional Center following an annual review under paragraph

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130 STAT. 2507 PUBLIC LAW 114–328—DEC. 23, 2016

(1) in order to more appropriately align the Regional Center with

strategic priorities and the geographic combatant commands as

described in that paragraph..’’.

(5) R

EPEAL OF CODIFIED PROVISIONS

.—The following provi-

sions of law are repealed:

(A) Section 941(b) of the Duncan Hunter National

Defense Authorization Act for Fiscal Year 2009 (Public

Law 110–417; 10 U.S.C. 184 note).

(B) Section 1065 of the National Defense Authorization

Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C.

113 note).

Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.

2892).

(D) Section 8073 of the Department of Defense Appro-

priations Act, 2003 (Public Law 107–248; 10 U.S.C. prec.

2161 note).

(f) T

RANSFER OF

ECTION

2166.—

(1) T

RANSFER AND REDESIGNATION

.—Section 2166 of title

10, United States Code, is transferred to chapter 16 of such

title, as added by subsection (a)(3), inserted after section 342,

as transferred and redesignated by subsection (e), and redesig-

nated as section 343.

(2) C

ONFORMING STYLISTIC AMENDMENTS

.—Such section

343, as so transferred and redesignated, is amended by striking

‘‘nations’’ each place it appears in subsections (b) and (c) and

inserting ‘‘countries’’.

(g) T

RANSFER OF

ECTION

2350

.—

(1) T

RANSFER AND REDESIGNATION

.—Section 2350m of title

10, United States Code, is transferred to chapter 16 of such

title, as added by subsection (a)(3), inserted after section 343,

as transferred and redesignated by subsection (f), and redesig-

nated as section 344.

(2) C

ONFORMING AMENDMENTS

.—Such section 344, as so

transferred and redesignated, is amended—

(A) by striking subsection (e); and

(B) by redesignating subsection (f) as subsection (e).

(h) T

RANSFER OF

ECTION

2249

.—

(1) T

RANSFER AND REDESIGNATION

.—Section 2249d of title

10, United States Code, is transferred to chapter 16 of such

title, as added by subsection (a)(3), inserted after section 344,

as transferred and redesignated by subsection (g), and redesig-

nated as section 346.

(2) C

ONFORMING AND STYLISTIC AMENDMENTS

.—Such sec-

tion 346, as so transferred and redesignated, is amended—

(A) by striking ‘‘nations’’ in subsections (a) and (d)

and inserting ‘‘countries’’; and

(B) by striking subsections (f) and (g).

(i) R

EENACTMENT OF

HAPTER

905.—

(1) C

ONSOLIDATION OF SECTIONS 9381

9382

AND 9383

.—

Chapter 16 of title 10, United States Code, as added by sub-

section (a)(3), is amended by inserting after section 346, as

transferred and redesignated by subsection (h), the following

new section:

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130 STAT. 2508 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘§ 348. Aviation Leadership Program

‘‘(a) I

ENERAL

.—Under regulations prescribed by the Sec-

retary of Defense, the Secretary of the Air Force may carry out

an Aviation Leadership Program to provide undergraduate pilot

training and necessary related training to personnel of the air

forces of friendly, developing foreign countries. Training under this

section shall include language training and programs to promote

better awareness and understanding of the democratic institutions

and social framework of the United States.

‘‘(b) S

UPPLIES AND

LOTHING

.—(1) The Secretary of the Air

Force may, under such conditions as the Secretary may prescribe,

provide to a person receiving training under this section—

‘‘(A) transportation incident to the training;

‘‘(B) supplies and equipment to be used during the training;

‘‘(C) flight clothing and other special clothing required for

the training; and

‘‘(D) billeting, food, and health services.

‘‘(2) The Secretary may authorize such expenditures from the

appropriations of the Air Force as the Secretary considers necessary

for the efficient and effective maintenance of the Program in accord-

ance with this section.

‘‘(c) A

LLOWANCES

.—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) C

ONFORMING REPEAL

.—Chapter 905 of such title is

repealed.

(j) T

RANSFER OF

ECTION

9415.—

(1) I

N GENERAL

.—Section 9415 of title 10, United States

Code, is transferred to chapter 16 of such title, as added by

subsection (a)(3), inserted after section 348, as added by sub-

section (i), and redesignated as section 349.

(2) C

ONFORMING AMENDMENT FOR STANDARDIZATION WITH

CERTAIN OTHER AIR FORCES ACADEMY AUTHORITY

.—Such section

349, as so transferred and amended, is amended—

(A) by redesignating subsection (b) as subsection (c);

and

(B) by inserting after subsection (a) the following new

subsection (b):

‘‘(b) L

IMITATIONS

.—

‘‘(1) C

ONCURRENCE OF SECRETARY OF STATE

.—Military per-

sonnel of a foreign country may be provided education and

training under this section only with the concurrence of the

Secretary of State.

‘‘(2) A

SSISTANCE OTHERWISE PROHIBITED BY LAW

.—Edu-

cation and training may not be provided under this section

to the military personnel of any country that is otherwise

prohibited from receiving such type of assistance under any

other provision of law.’’.

(k) C

ODIFICATION OF

ECTION

1268

FY 2015 NDAA.—

(1) C

ODIFICATION

.—Chapter 16 of title 10, United States

Code, as added by subsection (a)(3), is amended by inserting

after section 349, as transferred and redesignated by subsection

(j), a new section 350 consisting of—

(A) a heading as follows:

10 USC 9381

prec.,

9381–9383.

10 USC 348 note.

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130 STAT. 2509 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘§ 350. Inter-European Air Forces Academy’’; and

(B) a text consisting of the text of subsections (a)

through (f) of section 1268 of the Carl Levin and Howard

P. ‘‘Buck’’ McKeon National Defense Authorization Act for

Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3585;

10 U.S.C. 9411 note).

(2) C

ONFORMING REPEAL

.—Section 1268 of the Carl Levin

and Howard P. ‘‘Buck’’ McKeon National Defense Authorization

Act for Fiscal Year 2015 is repealed.

(l) T

RANSFER OF

ECTIONS

2249

A AND

2249

.—

(1) T

RANSFER AND REDESIGNATION

.—Sections 2249a and

2249e of title 10, United States Code, are transferred to chapter

16 of such title, as added by subsection (a)(3), inserted after

the table of sections at the beginning of subchapter VI of

such chapter, and redesignated as sections 361 and 362, respec-

tively.

(2) C

ONFORMING REPEAL RELATING TO SUPERSEDED DEFINI

TION OF CONGRESSIONAL COMMITTEES

.—Section 362 of such

title, as transferred and redesignated by paragraph (1), is

amended by striking subsection (f).

(m) A

DMINISTRATIVE

ATTERS

.—Chapter 16 of title 10, United

States Code, as added by subsection (a)(3), is amended by inserting

after the table of sections at the beginning of subchapter VII the

following new sections:

‘‘§ 382. Execution and administration of programs and activi-

ties

‘‘(a) P

OLICY

VERSIGHT AND

ESOURCE

LLOCATION

.—The Sec-

retary of Defense shall assign responsibility for the oversight of

strategic policy and guidance and responsibility for overall resource

allocation for security cooperation programs and activities of the

Department of Defense to a single official and office in the Office

of the Secretary of Defense at the level of Under Secretary of

Defense or below.

‘‘(b) E

XECUTION AND

DMINISTRATION OF

ERTAIN

ROGRAMS

AND

CTIVITIES

.—

‘‘(1) I

N GENERAL

.—The Director of the Defense Security

Cooperation Agency shall be responsible for the execution and

administration of all security cooperation programs and activi-

ties of the Department of Defense involving the provision of

defense articles, military training, and other defense-related

services by grant, loan, cash sale, or lease.

‘‘(2) D

ESIGNATION OF RESPONSIBILITY

.—The Director may

designate an element of an armed force, combatant command,

Defense Agency, Department of Defense Field Activity, or other

element or organization of the Department of Defense to execute

and administer security cooperation programs and activities

described in paragraph (1) if the Director determines that the

designation will achieve maximum effectiveness, efficiency, and

economy in the activities for which designated.

‘‘(c) A

VAILABILITY OF

UNDS

.—

‘‘(1) I

N GENERAL

.—Funds available to the Defense Security

Cooperation Agency, and other funds available to the Depart-

ment of Defense for security cooperation programs and activities

of the Department of Defense, may be used to implement secu-

rity cooperation programs and activities of the Department

of Defense authorized by this chapter.

10 USC 382 note.

10 USC 9411

note.

10 USC 350.

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130 STAT. 2510 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) B

UDGET JUSTIFICATION

.—Funds necessary for imple-

menting security cooperation programs and activities of the

Department of Defense under this chapter for a fiscal year

shall be identified, with appropriate justification, in the consoli-

dated budget for such fiscal year required by section 381 of

this title.

‘‘§ 383. Assessment, monitoring, and evaluation of programs

and activities

‘‘(a) P

ROGRAM

EQUIRED

.—The Secretary of Defense shall main-

tain a program of assessment, monitoring, and evaluation in support

of the security cooperation programs and activities of the Depart-

ment of Defense.

‘‘(b) P

ROGRAM

LEMENTS AND

EQUIREMENTS

.—

‘‘(1) E

LEMENTS

.—The program under subsection (a) shall

provide for the following:

‘‘(A) Initial assessments of partner capability require-

ments, potential programmatic risks, baseline information,

and indicators of efficacy for purposes of planning, moni-

toring, and evaluation of security cooperation programs

and activities of the Department of Defense.

‘‘(B) Monitoring of implementation of such programs

and activities in order to measure progress in execution

and, to the extent possible, achievement of desired out-

comes.

‘‘(C) Evaluation of the efficiency and effectiveness of

such programs and activities in achieving desired outcomes.

‘‘(D) Identification of lessons learned in carrying out

such programs and activities, and development of rec-

ommendation for improving future security cooperation pro-

grams and activities of the Department of Defense.

‘‘(2) B

EST PRACTICES

.—The program shall be conducted in

accordance with international best practices, interagency stand-

ards, and, if applicable, the Government Performance and

Results Act of 1993 (Public Law 103–62), and the amendments

made by that Act, and the GPRA Modernization Act of 2010

(Public Law 111–352), and the amendments made by that Act.

‘‘(c) A

VAILABILITY OF

UNDS

.—

‘‘(1) I

N GENERAL

.—Funds available to the Defense Security

Cooperation Agency, and other funds available to the Depart-

ment of Defense for security cooperation programs and activities

of the Department of Defense, may be used to carry out the

program required by subsection (a).

‘‘(2) B

UDGET JUSTIFICATION

.—Funds described in paragraph

(1) for a fiscal year shall be identified, with appropriate jus-

tification, in the consolidated budget for such fiscal year

required by section 381 of this title.

‘‘(d) R

EPORTS

.—

‘‘(1) R

EPORTS TO CONGRESS

.—The Secretary shall submit

to the congressional defense committees each year a report

on the program under subsection (a) during the previous year.

Each report shall include, for the year covered by such report,

the following:

‘‘(A) A description of the activities under the program.

‘‘(B) An evaluation of the lessons learned and best

practices identified through activities under the program.

10 USC 383 note.

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130 STAT. 2511 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) I

NFORMATION FOR THE PUBLIC ON EVALUATIONS

.—The

Secretary shall make available to the public, on an Internet

website of the Department of Defense available to the public,

a summary of each evaluation conducted pursuant to subsection

(b)(1)(C). In making a summary so available, the Secretary

may redact or omit any information that the Secretary deter-

mines should not be disclosed to the public in order to protect

the interest of the United States or the foreign country or

countries covered by such evaluation.

‘‘§ 385. Department of Defense support for other departments

and agencies of the United States Government that

advance Department of Defense security coopera-

tion objectives

‘‘(a) S

UPPORT

UTHORIZED

.—Subject to subsection (c), the Sec-

retary of Defense is authorized to support other departments and

agencies of the United States Government for the purpose of imple-

menting or supporting foreign assistance programs and activities

described in subsection (b) that advance security cooperation objec-

tives of the Department of Defense.

‘‘(b) F

OREIGN

SSISTANCE

ROGRAMS AND

CTIVITIES

.—The for-

eign assistance programs and activities described in this subsection

are foreign assistance programs and activities that—

‘‘(1) are necessary for the effectiveness of one or more

programs of the Department of Defense relating to security

cooperation conducted pursuant to an authority in this chapter;

and

‘‘(2) cannot be carried out by the Department.

‘‘(c) A

NNUAL

IMITATION ON

MOUNT OF

UPPORT

.—The amount

of support provided pursuant to subsection (a) in any fiscal year

may not exceed $75,000,000.

‘‘(d) N

OTICE AND

AIT

.—If a determination is made to transfer

funds in connection with the provision of support pursuant to sub-

section (a) for a program or activity, the transfer may not occur

until—

‘‘(1) the Secretary and the head of the department or agency

to receive the funds jointly submit to the congressional defense

committees a notice on the transfer, which notice shall

include—

‘‘(A) a detailed description of the purpose and estimated

cost of such program or activity;

‘‘(B) a detailed description of the security cooperation

objectives of the Department, include the theater campaign

plan of the combatant command concerned, that will be

advanced;

‘‘(C) a justification why such program or activity will

advance such objectives;

‘‘(D) a justification why such program or activity cannot

be carried out by the Department;

‘‘(E) an identification of any funds programmed or obli-

gated by the department or agency other than the Depart-

ment on such program or activity; and

‘‘(F) a timeline for the provision of such support; and

‘‘(2) a period of 30 days elapses after the date of the

submittal of the notice pursuant to paragraph (1).’’.

(n) P

RESCRIPTION OF

ERM

‘‘D

EVELOPING

OUNTRY

’’.—

10 USC 385 note.

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130 STAT. 2512 PUBLIC LAW 114–328—DEC. 23, 2016

(1) I

N GENERAL

.—The Secretary of Defense shall prescribe

the meaning of the term ‘‘developing country’’ for purposes

of chapter 16 of title 10, United States Code, as added by

subsection (a)(3), and may from time to time prescribe a revision

to the meaning of that term for those purposes.

(2) I

NITIAL PRESCRIPTION

.—The Secretary shall first pre-

scribe the meaning of the term by not later than 270 days

after the date of the enactment of this Act.

(3) N

OTICE TO CONGRESS

.—Whenever the Secretary pre-

scribes the meaning of the term pursuant to paragraph (1),

the Secretary shall notify the appropriate committees of Con-

gress of the meaning of the term as so prescribed.

(4) A

PPROPRIATE COMMITTEES OF CONGRESS DEFINED

.—In

this subsection, the term ‘‘appropriate committees of Congress’’

has the meaning given that term in section 301(1) of title

10, United States Code, as so added.

(o) C

LERICAL

MENDMENTS

.—Title 10, United States Code, is

amended as follows:

(1) The tables of chapters at the beginning of subtitle

A, and at the beginning of part I of subtitle A, are amended—

(A) by revising the chapter references relating to chap-

ters 13, 15, 17, and 18 (and the section references therein)

to conform to the redesignations made by paragraphs (1)

and (2) of subsection (a); and

(B) by inserting after the item relating to chapter

15, as revised pursuant to subparagraph (A), the following

new item:

‘‘16. Security Cooperation ................................................................................ 301’’.

(2) The section references in the tables of sections at the

beginning of chapters 12, 13, 14, and 15, as redesignated by

paragraph (1) of subsection (a), are revised to conform to the

redesignations made by paragraph (2) of such subsection.

(3) The table of sections at the beginning of chapter 7

is amended by striking the item relating to section 184.

(4) The table of sections at the beginning of chapter 53

is amended by striking the item relating to section 1051b.

(5) The table of sections at the beginning of chapter 108

is amended by striking the item relating to section 2166.

(6) The table of sections at the beginning of subchapter

I of chapter 134 is amended by striking the items relating

to sections 2249a, 2249d, and 2249e.

(7) The table of sections at the beginning of subchapter

II of chapter 138 is amended by striking the item relating

to section 2350m.

(8) The tables of chapters at the beginning of subtitle

D, and at the beginning of part III of subtitle D, are amended

by striking the item relating to chapter 905.

(9) The table of sections at the beginning of chapter 907

is amended by striking the item relating to section 9415.

SEC. 1242. MILITARY-TO-MILITARY EXCHANGES.

(a) C

ODIFICATION IN

HAPTER ON

ECURITY

OOPERATION

CTIVITIES

.—Chapter 16 of title 10, United States Code, as added

by section 1241(a)(3) of this Act, is amended by inserting after

the table of sections at the beginning of subchapter II a new

section 311 consisting of—

(1) a heading as follows:

10 USC 8011

prec., 9301 prec.

10 USC 9411

prec.

10 USC 2350a

prec.

10 USC 2241

prec.

10 USC 2161

prec.

10 USC 1030

prec.

10 USC 246 prec.,

251 prec., 261

prec., 271 prec.

10 USC 121 prec.

10 USC 101 prec.

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130 STAT. 2513 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘§ 311. Exchange of defense personnel between United States

and friendly foreign countries: authority’’; and

(2) a text consisting of the text of section 1082 of the

National Defense Authorization Act for Fiscal Year 1997 (Public

Law 104–201; 110 Stat. 2672; 10 U.S.C. 168 note).

(b) R

EVISIONS

NCORPORATE

ERMANENT

ONRECIPROCAL

XCHANGE

UTHORITY

.—Section 311 of title 10, United States Code,

as added by subsection (a), is amended—

(1) in subsection (a)—

(A) in paragraph (1), by adding at the end the following

new sentence: ‘‘Any exchange of personnel under such an

agreement is subject to paragraph (3).’’;

(B) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by

striking ‘‘an ally of the United States or another

friendly foreign country for the exchange’’ and inserting

‘‘a friendly foreign country or international or regional

security organization for the reciprocal or non-recip-

rocal exchange’’;

(ii) in subparagraph (A), by striking ‘‘military’’ and

inserting ‘‘members of the armed forces’’; and

(iii) in subparagraph (B)—

(I) by inserting ‘‘or security’’ after ‘‘defense’’;

and

(II) by inserting before the period at the end

the following: ‘‘or international or regional security

organization’’; and

‘‘(3) An exchange of personnel under an international defense

personnel exchange agreement under this section may only be made

with the concurrence of the Secretary to State to the extent the

exchange is with either of the following:

‘‘(A) A non-defense security ministry of a foreign govern-

ment.

‘‘(B) An international or regional security organization.’’;

(2) in subsection (b)(2), by inserting before the period at

the end the following: ‘‘, subject to the concurrence of the

Secretary of State’’;

(3) in subsection (c)—

(A) by striking ‘‘Each government shall be required

under’’ and inserting ‘‘In the case of’’; and

(B) by inserting after ‘‘exchange agreement’’ the fol-

lowing: ‘‘that provides for reciprocal exchanges, each

government shall be required’’; and

(4) in subsection (f), by inserting ‘‘defense or security min-

istry of that’’ after ‘‘military personnel of the’’.

ONFORMING

EPEALS

.—The following provisions of law are

repealed:

(1) Section 1082 of the National Defense Authorization

Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2672;

10 U.S.C. 168 note).

(2) Section 1207 of the National Defense Authorization

Act for Fiscal Year 2010 (10 U.S.C. 168 note).

10 USC 311 note.

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130 STAT. 2514 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1243. CONSOLIDATION AND REVISION OF AUTHORITIES FOR PAY-

MENT OF PERSONNEL EXPENSES NECESSARY FOR THE-

ATER SECURITY COOPERATION.

(a) C

ONSOLIDATION AND

EVISION OF

UTHORITIES IN

HAPTER ON

ECURITY

OOPERATION

CTIVITIES

.—Chapter 16 of

title 10, United States Code, as added by section 1241(a)(3) of

this Act, is amended by inserting after section 311, as added by

section 1242(a) of this Act, the following new section:

‘‘§ 312. Payment of personnel expenses necessary for theater

security cooperation

‘‘(a) A

UTHORITY

.—The Secretary of Defense may pay expenses

specified in subsection (b) that the Secretary considers necessary

for theater security cooperation.

‘‘(b) T

YPES OF

XPENSES

.—The expenses that may be paid under

the authority provided in subsection (a) are the following:

‘‘(1) P

ERSONNEL EXPENSES

.—The Secretary of Defense may

pay travel, subsistence, and similar personnel expenses of, and

special compensation for, the following that the Secretary con-

siders necessary for theater security cooperation:

‘‘(A) Defense personnel of friendly foreign governments.

‘‘(B) With the concurrence of the Secretary of State,

other personnel of friendly foreign governments and non-

governmental personnel.

‘‘(2) A

DMINISTRATIVE SERVICES AND SUPPORT FOR LIAISON

OFFICERS

.—The Secretary of Defense may provide administra-

tive services and support for the performance of duties by

a liaison officer of a foreign country while the liaison officer

is assigned temporarily to any headquarters in the Department

of Defense.

‘‘(3) T

RAVEL

SUBSISTENCE

AND MEDICAL CARE FOR LIAISON

OFFICERS

.—The Secretary of Defense may pay the expenses

of a liaison officer in connection with the assignment of that

officer as described in paragraph (2) if the assignment is

requested by the commander of a combatant command, the

Chief of Staff of the Army, the Chief of Naval Operations,

the Chief of Staff of the Air Force, the Commandant of the

Marine Corps, or the head of a Defense Agency as follows:

‘‘(A) Travel and subsistence expenses.

‘‘(B) Personal expenses directly necessary to carry out

the duties of that officer in connection with that assign-

ment.

‘‘(C) Expenses for medical care at a civilian medical

facility if—

‘‘(i) adequate medical care is not available to the

liaison officer at a local military medical treatment

facility;

‘‘(ii) the Secretary determines that payment of such

medical expenses is necessary and in the best interests

of the United States; and

‘‘(iii) medical care is not otherwise available to

the liaison officer pursuant to any treaty or other inter-

national agreement.

‘‘(D) Mission-related travel expenses if such travel

meets each of the following conditions:

‘‘(i) The travel is in support of the national security

interests of the United States.

10 USC 312 note.

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130 STAT. 2515 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(ii) The officer or official making the request

directs round-trip travel from the assigned location

to one or more travel locations.

‘‘(4) C

ONFERENCES

SEMINARS

AND SIMILAR MEETINGS

.—

The authority provided by paragraph (1) includes authority

to pay travel and subsistence expenses for personnel described

in that paragraph in connection with the attendance of such

personnel at any conference, seminar, or similar meeting that

is in direct support of enhancing interoperability between the

United States armed forces and the national security forces

of a friendly foreign country for the purposes of conducting

operations, the provision of equipment or training, or the plan-

ning for, or the execution of, bilateral or multilateral training,

exercises, or military operations.

‘‘(5) O

THER EXPENSES

.—In addition to the personnel

expenses payable under paragraph (1), the Secretary of Defense

may pay such other limited expenses in connection with con-

ferences, seminars, and similar meetings covered by paragraph

(4) as the Secretary considers appropriate in the national secu-

rity interests of the United States.

‘‘(c) L

IMITATIONS ON

XPENSES

AYABLE

.—

‘‘(1) P

ERSONNEL FROM DEVELOPING COUNTRIES

.—The

authority provided in subsection (a) may be used only for the

payment of expenses of, and special compensation for, personnel

from developing countries, except that the Secretary of Defense

may authorize the payment of such expenses and special com-

pensation for personnel from a country other than a developing

country if the Secretary determines that such payment is nec-

essary to respond to extraordinary circumstances and is in

the national security interest of the United States.

‘‘(2) N

DEFENSE LIAISON OFFICERS

.—In the case of a non-

defense liaison officer of a foreign country, the authority of

the Secretary of Defense under subsection (a) to pay expenses

specified in paragraph (2) or (3) of subsection (b) may be exer-

cised only if the assignment of that liaison officer as a liaison

officer with the Department of Defense was accepted by the

Secretary of Defense with the coordination of the Secretary

of State.

‘‘(d) R

EIMBURSEMENT

.—The Secretary of Defense may provide

the services and support specified in subsection (b)(2) with or with-

out reimbursement from (or on behalf of) the recipients. The terms

of reimbursement (if any) shall be specified in the appropriate

agreements used to assign the liaison officer.

‘‘(e) M

ONETARY

IMITATIONS ON

XPENSES

AYABLE

.—

‘‘(1) T

RAVEL AND SUBSISTENCE EXPENSES GENERALLY

.—

Travel and subsistence expenses authorized to be paid under

subsection (a) may not, in the case of any individual, exceed

the amount that would be paid under chapter 7 or 8 of title

37 to a member of the armed forces (of a comparable grade)

for authorized travel of a similar nature.

‘‘(2) T

RAVEL AND RELATED EXPENSES OF LIAISON OFFICERS

.—

The amount paid for expenses specified in subsection (b)(3)

for any liaison officer in any fiscal year may not exceed

$150,000.

‘‘(f) R

EGULATIONS

.—The Secretary of Defense shall prescribe

regulations for the administration of this section. Such regulations

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130 STAT. 2516 PUBLIC LAW 114–328—DEC. 23, 2016

shall be submitted to the Committees on Armed Services of the

Senate and the House of Representatives.

‘‘(g) A

DMINISTRATIVE

ERVICES AND

UPPORT

EFINED

.—In this

section, the term ‘administrative services and support’ includes

base or installation support services, office space, utilities, copying

services, fire and police protection, training programs conducted

to familiarize, orient, or certify liaison personnel regarding unique

aspects of the assignments of the liaison personnel, and computer

support.’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) R

EPEALS

.—Sections 1050, 1050a, 1051, and 1051a of

title 10, United States Code, are repealed.

(2) C

LERICAL AMENDMENTS

.—The table of sections at the

beginning of chapter 53 of such title is amended by striking

the items relating to sections 1050, 1050a, 1051, and 1051a.

AVINGS

ROVISION FOR

ISCAL

EAR

2017.—The authority

under section 1050 of title 10, United States Code, as in effect

on the day before the date of the enactment of this Act, shall

continue to apply with respect to the Inter-American Defense Col-

lege during fiscal year 2017 under regulations prescribed by the

Secretary of Defense.

SEC. 1244. TRANSFER AND REVISION OF CERTAIN AUTHORITIES ON

PAYMENT OF EXPENSES OF TRAINING AND EXERCISES

WITH FRIENDLY FOREIGN FORCES.

(a) T

RANSFER AND

EVISION OF

UTHORITY ON

AYMENT OF

XPENSES OF

EVELOPING

OUNTRIES

.—Section 2010 of title 10,

United States Code, is transferred to chapter 16 of such title,

as added by section 1241(a)(3) of this Act, inserted after the table

of sections at the beginning of subchapter III, redesignated as

section 321, and amended to read as follows:

‘‘§ 321. Training with friendly foreign countries: payment of

training and exercise expenses

‘‘(a) T

RAINING

UTHORIZED

.—

‘‘(1) T

RAINING WITH FOREIGN FORCES GENERALLY

.—The

armed forces under the jurisdiction of the Secretary of Defense

may train with the military forces or other security forces

of a friendly foreign country if the Secretary determines that

it is in the national security interest of the United States

to do so.

‘‘(2) L

IMITATION ON TRAINING OF GENERAL PURPOSE

FORCES

.—The general purpose forces of the United States

armed forces may train only with the military forces of a

friendly foreign country.

‘‘(3) T

RAINING TO SUPPORT MISSION ESSENTIAL TASKS

.—Any

training conducted pursuant to paragraph (1) shall, to the

maximum extent practicable, support the mission essential

tasks for which the unit of the United States armed forces

participating in such training is responsible.

‘‘(4) E

LEMENTS OF TRAINING

.—Any training conducted

pursuant to paragraph (1) shall, to the maximum extent prac-

ticable, include elements that promote—

‘‘(A) observance of and respect for human rights and

fundamental freedoms; and

‘‘(B) respect for legitimate civilian authority within

the foreign country concerned.

10 USC 1050

note.

10 USC 1030

prec.

10 USC

1050–1051a.

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130 STAT. 2517 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(b) A

UTHORITY

RAINING AND

XERCISE

XPENSES

.—

Under regulations prescribed pursuant to subsection (e), the Sec-

retary of a military department or the commander of a combatant

command may pay, or authorize payment for, any of the following

expenses:

‘‘(1) Expenses of training forces assigned or allocated to

that command in conjunction with training, and training with,

the military forces or other security forces of a friendly foreign

country under subsection (a).

‘‘(2) Expenses of deploying such forces for that training.

‘‘(3) The incremental expenses of a friendly foreign country

as the direct result of participating in such training, as specified

in the regulations.

‘‘(4) The incremental expenses of a friendly foreign country

as the direct result of participating in an exercise with the

armed forces under the jurisdiction of the Secretary of Defense.

‘‘(5) Small-scale construction that is directly related to the

effective accomplishment of the training described in paragraph

(1) or an exercise described in paragraph (4).

‘‘(c) P

URPOSE OF

RAINING AND

XERCISES

.—

‘‘(1) I

N GENERAL

.—The primary purpose of the training

and exercises for which payment may be made under subsection

(b) shall be to train United States forces.

‘‘(2) S

ELECTION OF FOREIGN PARTNERS

.—Training and exer-

cises with friendly foreign countries under subsection (a) should

be planned and prioritized consistent with applicable guidance

relating to the security cooperation programs and activities

of the Department of Defense.

‘‘(d) A

VAILABILITY OF

UNDS FOR

CTIVITIES

HAT

ROSS

ISCAL

EARS

.—Amounts available for the authority to pay expenses in

subsection (b) for a fiscal year may be used to pay expenses under

that subsection for training and exercises that begin in such fiscal

year but end in the next fiscal year.

‘‘(e) Q

UARTERLY

OTICE ON

LANNED

RAINING

.—Not later than

the end of the first calender quarter beginning after the date

of the enactment of the National Defense Authorization Act for

Fiscal Year 2017, and every calender quarter thereafter, the Sec-

retary of Defense shall submit to the appropriate committees of

Congress a notice setting forth the schedule of planned training

engagement pursuant to subsection (a) during the calendar quarter

first following the calendar quarter in which such notice is sub-

mitted.

‘‘(f) R

EGULATIONS

.—

‘‘(1) I

N GENERAL

.—The Secretary of Defense shall prescribe

regulations for the administration of this section. The Secretary

shall submit the regulations to the Committees on Armed Serv-

ices of the Senate and the House of Representatives.

‘‘(2) E

LEMENTS

.—The regulations required under this sec-

tion shall provide the following:

‘‘(A) A requirement that training and exercise activities

may be carried out under this section only with the prior

approval of the Secretary.

‘‘(B) Accounting procedures to ensure that the expendi-

tures pursuant to this section are appropriate.

‘‘(C) Procedures to limit the payment of incremental

expenses to friendly foreign countries only to developing

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130 STAT. 2518 PUBLIC LAW 114–328—DEC. 23, 2016

countries, except in the case of exceptional circumstances

as specified in the regulations.’’.

(b) T

RANSFER OF

UTHORITY FOR

AYMENT OF

XPENSES IN

ONNECTION

ITH

PECIAL

PERATIONS

ORCES

RAINING

.—Sec-

tion 2011 of title 10, United States Code, is transferred to chapter

16 of such title, inserted after section 321, as transferred and

amended by subsection (a) of this section, and redesignated as

section 322.

ONFORMING

EPEAL

.—Section 1203 of the National Defense

Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127

Stat. 894; 10 U.S.C. 2011 note) is repealed.

(d) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 101 of title 10, United States Code, is amended

by striking the items relating to sections 2010 and 2011.

SEC. 1245. TRANSFER AND REVISION OF AUTHORITY TO PROVIDE

OPERATIONAL SUPPORT TO FORCES OF FRIENDLY FOR-

EIGN COUNTRIES.

(a) T

RANSFER AND

EVISION

.—Section 127d of title 10, United

States Code, is transferred to chapter 16 of such title, as added

by section 1241(a)(3) of this Act, inserted after the table of sections

at the beginning of subchapter IV, redesignated as section 331,

and amended to read as follows:

‘‘§ 331. Friendly foreign countries: authority to provide sup-

port for conduct of operations

‘‘(a) A

UTHORITY

.—The Secretary of Defense may provide support

to friendly foreign countries in connection with the conduct of

operations designated pursuant to subsection (b).

‘‘(b) D

ESIGNATED

PERATIONS

.—

‘‘(1) I

N GENERAL

.—The Secretary of Defense shall designate

the operations for which support may be provided under the

authority in subsection (a).

‘‘(2) N

OTICE TO CONGRESS

.—The Secretary shall notify the

appropriate committees of Congress of the designation of any

operation pursuant to this subsection.

‘‘(3) A

NNUAL REVIEW FOR CONTINUING DESIGNATION

.—The

Secretary shall undertake on an annual basis a review of the

operations currently designated pursuant to this subsection

in order to determine whether each such operation merits con-

tinuing designation for purposes of this section for another

year. If the Secretary determines that any operation so reviewed

merits continuing designation for purposes of this section for

another year, the Secretary—

‘‘(A) may continue the designation of such operation

under this subsection for such purposes for another year;

and

‘‘(B) if the Secretary so continues the designation of

such operation, shall notify the appropriate committees

of Congress of the continuation of designation of such oper-

ation.

‘‘(c) T

YPES OF

UPPORT

UTHORIZED

.—The types of support

that may be provided under the authority in subsection (a) are

the following:

‘‘(1) Logistic support, supplies, and services to security

forces of a friendly foreign country participating in—

10 USC 2001

prec.

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130 STAT. 2519 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) an operation with the armed forces under the

jurisdiction of the Secretary of Defense; or

‘‘(B) a military or stability operation that benefits the

national security interests of the United States.

‘‘(2) Logistic support, supplies, and services—

‘‘(A) to military forces of a friendly foreign country

solely for the purpose of enhancing the interoperability

of the logistical support systems of military forces partici-

pating in a combined operation with the United States

in order to facilitate such operation; or

‘‘(B) to a nonmilitary logistics, security, or similar

agency of a friendly foreign government if such provision

would directly benefit the armed forces under the jurisdic-

tion of the Secretary of Defense.

‘‘(3) Procurement of equipment for the purpose of the loan

of such equipment to the military forces of a friendly foreign

country participating in a United States-supported coalition

or combined operation and the loan of such equipment to those

forces to enhance capabilities or to increase interoperability

with the armed forces under the jurisdiction of the Secretary

of Defense and other coalition partners.

‘‘(4) Provision of specialized training to personnel of friendly

foreign countries in connection with such an operation,

including training of such personnel before deployment in

connection with such operation.

‘‘(5) Small-scale construction to support military forces of

a friendly foreign country participating in a United States-

supported coalition or combined operation when the construc-

tion is directly linked to the ability of such forces to participate

in such operation effectively and is limited to the geographic

area where such operation is taking place.

‘‘(d) C

ERTIFICATION

EQUIRED

.—

‘‘(1) O

PERATIONS IN WHICH THE UNITED STATES IS NOT

PARTICIPATING

.—The Secretary of Defense may provide support

under subsection (a) to a friendly foreign country with respect

to an operation in which the United States is not participating

only—

‘‘(A) if the Secretary of Defense and the Secretary

of State jointly certify to the appropriate committees of

Congress that the operation is in the national security

interests of the United States; and

‘‘(B) after the expiration of the 15-day period beginning

on the date of such certification.

‘‘(2) A

CCOMPANYING REPORT

.—Any certification under para-

graph (1) shall be accompanied by a report that includes the

following:

‘‘(A) A description of the operation, including the

geographic area of the operation.

‘‘(B) A list of participating countries.

‘‘(C) A description of the type of support and the dura-

tion of support to be provided.

‘‘(D) A description of the national security interests

of the United States supported by the operation.

‘‘(E) Such other matters as the Secretary of Defense

and the Secretary of State consider significant to a consid-

eration of such certification.

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130 STAT. 2520 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(e) S

ECRETARY OF

TATE

ONCURRENCE

.—The provision of sup-

port under subsection (a) may be made only with the concurrence

of the Secretary of State.

‘‘(f) S

UPPORT

THERWISE

ROHIBITED BY

.—The Secretary

of Defense may not use the authority in subsection (a) to provide

any type of support described in subsection (c) that is otherwise

prohibited by any provision of law.

‘‘(g) L

IMITATIONS ON

ALUE

.—

‘‘(1) The aggregate value of all logistic support, supplies,

and services provided under paragraphs (1), (4), and (5) of

subsection (c) in any fiscal year may not exceed $450,000,000.

‘‘(2) The aggregate value of all logistic support, supplies,

and services provided under subsection (c)(2) in any fiscal year

may not exceed $5,000,000.

‘‘(h) L

OGISTIC

UPPORT

, S

UPPLIES

AND

ERVICES

EFINED

.—

In this section, the term ‘logistic support, supplies, and services’

has the meaning given that term in section 2350(1) of this title.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 3 of such title is amended by striking the item

relating to section 127d.

ONFORMING

EPEAL

.—Section 1207 of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129

Stat. 1040; 10 U.S.C. 2282 note) is repealed.

SEC. 1246. DEPARTMENT OF DEFENSE STATE PARTNERSHIP PROGRAM.

(a) C

ODIFICATION IN

HAPTER ON

ECURITY

OOPERATION

CTIVITIES

.—Chapter 16 of title 10, United States Code, as added

by section 1241(a)(3) of this Act, is amended by inserting after

the table of sections at the beginning of subchapter V a new section

341 consisting of—

(1) a heading as follows:

‘‘§ 341. Department of Defense State Partnership Program’’;

and

(2) a text consisting of subsections (a) through (g) of section

1205 of the National Defense Authorization Act for Fiscal Year

2014 (32 U.S.C. 107 note).

(b) P

ROHIBITION ON

CTIVITIES

ITH

NITS

AVING

OMMITTED

ROSS

IOLATIONS OF

UMAN

IGHTS

.—Subsection (b) of section

341 of title 10, United States Code, as added by subsection (a)

of this section, is amended—

(1) by striking ‘‘ (b) L

IMITATION

.—An activity’’ and inserting

the following:

‘‘(b) L

IMITATIONS

.—

‘‘(1) I

N GENERAL

.—An activity’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) P

ROHIBITION ON ACTIVITIES WITH UNITS THAT HAVE

COMMITTED GROSS VIOLATIONS OF HUMAN RIGHTS

.—The conduct

of any activities under a program established under subsection

(a) shall be subject to the provisions of section 362 of this

title.’’.

EVISIONS

TRIKE

BSOLETE

ROVISIONS AND

ONFORM

ROVISIONS IN

HAPTER

.—Such section 341, as so added,

is further amended—

(1) by striking subsection (d) and inserting the following

new subsection (d):

10 USC 341.

10 USC 121 prec.

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130 STAT. 2521 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(d) R

EGULATIONS

.—This section shall be carried out in accord-

ance with such regulations as the Secretary of Defense shall pre-

scribe for purposes of this section. Such regulations shall include

accounting procedures to ensure that expenditures of funds to carry

out this section are accounted for and appropriate.’’; and

(2) in subsection (g), by striking ‘‘under title 10’’ and all

that follows and inserting ‘‘under title 10 as in effect on

December 26, 2013.’’.

(d) A

NNUAL

EPORTS

.—

(1) R

EPORTS UNDER CODIFIED AUTHORITY

.—Subsection (f)

of such section 341, as so added, is amended—

(A) by striking ‘‘(f) R

EPORTS AND

OTIFICATIONS

.—’’

and all that follows through ‘‘(B) M

ATTERS TO BE

INCLUDED

.—’’ and inserting the following:

‘‘(f) A

NNUAL

EPORTS

.—

‘‘(1) I

N GENERAL

.—Not later than February 1 following

each of fiscal years 2016, 2017, and 2018, the Secretary of

Defense shall submit to the appropriate congressional commit-

tees a report on activities under each program established

under subsection (a) during such fiscal year.

‘‘(2) M

ATTERS TO BE INCLUDED

.—’’; and

(B) in paragraph (2), as redesignated by subparagraph

(A) of this paragraph—

(i) by redesignating clauses (i) through (vi) as sub-

paragraphs (A) through (F), respectively, and

realigning the margin of each such subparagraph two

ems to the left; and

(ii) in subparagraph (F), as redesignated by clause

(i) of this subparagraph, by striking ‘‘clause (v)’’ and

inserting ‘‘subparagraph (E)’’.

(2) R

EPORTS UNDER CODIFIED REPORTING AUTHORITY IN NEW

CHAPTER ON SECURITY COOPERATION ACTIVITIES

.—Effective as

of January 1, 2020—

(A) section 386(c)(1) of title 10, United States Code,

as added by section 1251(d)(1) of this Act, is amended

by inserting ‘‘341,’’ after ‘‘333,’’; and

(B) section 341 of title 10, United States Code, as

added and amended by this section, is further amended—

(i) by striking subsection (f); and

(ii) by redesignating subsection (g) as subsection

(f).

(e) C

ONFORMING

EPEAL

.—Section 1205 of the National Defense

Authorization Act for Fiscal Year 2014 is repealed.

SEC. 1247. TRANSFER OF AUTHORITY ON REGIONAL DEFENSE COM-

BATING TERRORISM FELLOWSHIP PROGRAM.

(a) T

RANSFER AND

EDESIGNATION

.—Section 2249c of title 10,

United States Code, is transferred to chapter 16 of such title,

as added by section 1241(a)(3) of this Act, inserted after section

344, as transferred and redesignated by section 1241(g) of this

Act, and redesignated as section 345.

(b) C

ONFORMING

MENDMENT IN

ONNECTION

ITH

RANSFER

HAPTER

.—Subsection (c) of such section 345, as so trans-

ferred and redesignated, is amended by striking ‘‘to Congress’’ and

inserting ‘‘to the appropriate committees of Congress’’.

EADING

MENDMENT

.—The heading of such section 345,

as so transferred and redesignated, is amended to read as follows:

32 USC 107 note.

10 USC 341 note.

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130 STAT. 2522 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘§ 345. Regional Defense Combating Terrorism Fellowship

Program’’.

(d) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of subchapter I of chapter 134 of such title is amended by

striking the item relating to section 2249c.

SEC. 1248. CONSOLIDATION OF AUTHORITIES FOR SERVICE ACADEMY

INTERNATIONAL ENGAGEMENT.

(a) C

ONSOLIDATION OF

UTHORITIES

.—Chapter 16 of title 10,

United States Code, as added by section 1241(a)(3) of this Act,

is amended by inserting after section 346, as transferred and

redesignated by section 1241(h) of this Act, the following new sec-

tion:

‘‘§ 347. International engagement authorities for service

academies

‘‘(a) S

ELECTION OF

ERSONS

ROM

OREIGN

OUNTRIES

ECEIVE

NSTRUCTION AT

ERVICE

CADEMIES

.—

‘‘(1) A

TTENDANCE AUTHORIZED

.—

‘‘(A) I

N GENERAL

.—The Secretary of each military

department may permit persons from foreign countries to

receive instruction at the Service Academy under the juris-

diction of the Secretary. Such persons shall be in addition

to—

‘‘(i) in the case of the United States Military

Academy, the authorized strength of the Corps of the

Cadets of the Academy under 4342 of this title;

‘‘(ii) in the case of the United States Naval

Academy, the authorized strength of the Brigade of

Midshipmen of the Academy under section 6954 of

this title; and

‘‘(iii) in the case of the United States Air Force

Academy, the authorized strength of the Cadet Wing

of the Academy under 9342 of this title.

‘‘(B) L

IMITATION ON NUMBER

.—The number of persons

permitted to receive instruction at each Service Academy

under this subsection may not be more than 60 at any

one time.

‘‘(2) D

ETERMINATION OF FOREIGN COUNTRIES FROM WHICH

PERSONS MAY BE SELECTED

.—The Secretary of a military depart-

ment, upon approval by the Secretary of Defense, shall deter-

mine—

‘‘(A) the countries from which persons may be selected

for appointment under this subsection to the Service

Academy under the jurisdiction of that Secretary; and

‘‘(B) the number of persons that may be selected from

each country.

‘‘(3) Q

UALIFICATIONS AND SELECTION

.—The Secretary of

each military department—

‘‘(A) may establish entrance qualifications and methods

of competition for selection among individual applicants

under this subsection; and

‘‘(B) shall select those persons who will be permitted

to receive instruction at the Service Academy under the

jurisdiction of the Secretary under this subsection.

‘‘(4) S

ELECTION PRIORITY TO PERSONS WITH NATIONAL

SERVICE OBLIGATION UPON GRADUATION

.—In selecting persons

10 USC 347.

10 USC 2241

prec.

10 USC 345 note.

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130 STAT. 2523 PUBLIC LAW 114–328—DEC. 23, 2016

to receive instruction under this subsection from among

applicants from the countries approved under paragraph (2),

the Secretary of the military department concerned shall give

a priority to persons who have a national service obligation

to their countries upon graduation from the Service Academy

concerned.

‘‘(5) P

ALLOWANCES

AND EMOLUMENTS OF PERSONS

ADMITTED

.—A person receiving instruction under this sub-

section is entitled to the pay, allowances, and emoluments

of a cadet or midshipman appointed from the United States,

and from the same appropriations.

‘‘(6) R

EIMBURSEMENT OF COSTS BY FOREIGN COUNTRIES FROM

WHICH PERSONS ARE ADMITTED

.—

‘‘(A) R

EIMBURSEMENT REQUIRED

.—Each foreign country

from which a cadet or midshipman is permitted to receive

instruction at one of the Service Academies under this

subsection shall reimburse the United States for the cost

of providing such instruction, including the cost of pay,

allowances, and emoluments provided under paragraph (5).

The Secretaries of the military departments shall prescribe

the rates for reimbursement under this paragraph, except

that the reimbursement rates may not be less than the

cost to the United States of providing such instruction,

including pay, allowances, and emoluments, to a cadet

or midshipman appointed from the United States.

‘‘(B) W

AIVER AUTHORITY

.—The Secretary of Defense

may waive, in whole or in part, the requirement for

reimbursement of the cost of instruction for a cadet or

midshipman under subparagraph (A). In the case of a

partial waiver, the Secretary of Defense shall establish

the amount waived.

‘‘(7) A

PPLICABILITY OF ACADEMY REGULATIONS

ETC

..—

‘‘(A) I

N GENERAL

.—Except as the Secretary of the mili-

tary department concerned determines, a person receiving

instruction under this subsection at the Service Academy

under the jurisdiction of that Secretary is subject to the

same regulations governing admission, attendance, dis-

cipline, resignation, discharge, dismissal, and graduation

as a cadet or midshipman at that Academy appointed from

the United States.

‘‘(B) C

LASSIFIED INFORMATION

.—The Secretary of the

military department concerned may prescribe regulations

with respect to access to classified information by a person

receiving instruction under this subsection at the Service

Academy under the jurisdiction of that Secretary that differ

from the regulations that apply to a cadet or midshipman

at that Academy appointed from the United States.

‘‘(8) I

NELIGIBILITY FOR APPOINTMENT IN THE UNITED STATES

ARMED FORCES

.—A person receiving instruction at a Service

Academy under this subsection is not entitled to an appoint-

ment in an armed force of the United States by reason of

graduation from the Academy.

‘‘(9) I

NAPPLICABILITY OF REQUIREMENT FOR TAKING OATH

OF ADMISSION

.—A person receiving instruction under this sub-

section is not subject to section 4346(d), 6958(d), or 9346(d)

of this title, as the case may be.

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130 STAT. 2524 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(b) E

XCHANGE

ROGRAMS

ITH

OREIGN

ILITARY

CAD

EMIES

.—

‘‘(1) E

XCHANGE PROGRAMS AUTHORIZED

.—The Secretary of

a military department may permit a student enrolled at a

military academy of a foreign country to receive instruction

at the Service Academy under the jurisdiction of that Secretary

in exchange for a cadet or midshipman receiving instruction

at that foreign military academy pursuant to an exchange

agreement entered into between the Secretary and appropriate

officials of the foreign country. A student receiving instruction

at a Service Academy under the exchange program under this

subsection shall be in addition to persons receiving instruction

at the Academy under subsection (a).

‘‘(2) L

IMITATIONS ON NUMBER AND DURATION OF

EXCHANGES

.—An exchange agreement under this subsection

between the Secretary and a foreign country shall provide

for the exchange of students on a one-for-one basis each fiscal

year. Not more than 100 cadets or midshipmen from each

Service Academy and a comparable number of students from

foreign military academies participating in the exchange pro-

gram may be exchanged during any fiscal year. The duration

of an exchange may not exceed the equivalent of one academic

semester at a Service Academy.

‘‘(3) C

OSTS AND EXPENSES

.—

‘‘(A) N

O PAY AND ALLOWANCES

.—A student from a mili-

tary academy of a foreign country is not entitled to the

pay, allowances, and emoluments of a cadet or midshipman

by reason of attendance at a Service Academy under the

exchange program, and the Department of Defense may

not incur any cost of international travel required for

transportation of such a student to and from the sponsoring

foreign country.

‘‘(B) S

UBSISTENCE

TRANSPORTATION

ETC

..—The Sec-

retary of the military department concerned may provide

a student from a foreign country under the exchange pro-

gram, during the period of the exchange, with subsistence,

transportation within the continental United States,

clothing, health care, and other services to the same extent

that the foreign country provides comparable support and

services to the exchanged cadet or midshipman in that

foreign country.

‘‘(C) S

OURCE OF FUNDS

.—A Service Academy shall bear

all costs of the exchange program from funds appropriated

for that Academy and from such additional funds as may

be available to that Academy from a source, other than

appropriated funds, to support cultural immersion, regional

awareness, or foreign language training activities in

connection with the exchange program.

‘‘(D) L

IMITATION ON EXPENDITURES

.—Expenditures in

support of the exchange program from funds appropriated

for each Academy may not exceed $1,000,000 during any

fiscal year.

‘‘(4) A

PPLICATION OF OTHER LAWS

.—Paragraphs (7), (8), and

(9) of subsection (a) shall apply with respect to a student

enrolled at a military academy of a foreign country while

attending a Service Academy under the exchange program.

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130 STAT. 2525 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(5) R

EGULATIONS

.—The Secretary of the military depart-

ment concerned shall prescribe regulations to implement this

subsection. Such regulations may include qualification criteria

and methods of selection for students of foreign military acad-

emies to participate in the exchange program.

‘‘(c) F

OREIGN AND

ULTURAL

XCHANGE

CTIVITIES

.—

‘‘(1) A

TTENDANCE AUTHORIZED

.—The Secretary of a military

department may authorize the Service Academy under the juris-

diction of that Secretary to permit students, officers, and other

representatives of a foreign country to attend that Academy

for periods of not more than four weeks if the Secretary deter-

mines that the attendance of such persons contributes signifi-

cantly to the development of foreign language, cross-cultural

interactions and understanding, and cultural immersion of

cadets or midshipmen, as the case may be.

‘‘(2) E

FFECT OF ATTENDANCE

.—Persons attending a Service

Academy under paragraph (1) are not considered to be students

enrolled at that Academy and are in addition to persons

receiving instruction at that Academy under subsection (a)

or (b).

‘‘(3) F

INANCIAL MATTERS

.—

‘‘(A) C

OSTS AND EXPENSES

.—The Secretary of a military

department may pay the travel, subsistence, and similar

personal expenses of persons incurred to attend the Service

Academy under the jurisdiction of that Secretary under

paragraph (1).

‘‘(B) S

OURCE OF FUNDS

.—Each Service Academy shall

bear the costs of the attendance of persons at that Academy

under paragraph (1) from funds appropriated for that

Academy and from such additional funds as may be avail-

able to that Academy from a source, other than appro-

priated funds, to support cultural immersion, regional

awareness, or foreign language training activities in

connection with their attendance.

‘‘(C) L

IMITATION ON EXPENDITURES

.—Expenditures

from appropriated funds in support of activities under this

subsection for any Service Academy may not exceed $40,000

during any fiscal year.

‘‘(d) S

ERVICE

CADEMY

EFINED

.—In this section, the term

‘Service Academy’ means the following:

‘‘(1) The United States Military Academy.

‘‘(2) The United States Naval Academy.

‘‘(3) The United States Air Force Academy.’’.

(b) C

ONFORMING

EPEALS

.—

(1) R

EPEALS

.—Sections 4344, 4345, 4345a, 6957, 6957a,

6957b, 9344, 9345, and 9345a of title 10, United States Code,

are repealed.

(2) C

LERICAL AMENDMENTS

.—

(A) The table of sections at the beginning of chapter

403 of such title is amended by striking the items relating

to sections 4344, 4345, and 4345a.

(B) The table of sections at the beginning of chapter

603 of such title is amended by striking the items relating

to sections 6957, 6957a, and 6957b.

903 of such title is amended by striking the items relating

to sections 9344, 9345, and 9345a.

10 USC 9331

prec.

10 USC 6951.

10 USC 4331

prec.

10 USC

4344–4345a,

6957–6957b,

9344–9345a.

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130 STAT. 2526 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1249. CONSOLIDATED ANNUAL BUDGET FOR SECURITY COOPERA-

TION PROGRAMS AND ACTIVITIES OF THE DEPARTMENT

OF DEFENSE.

(a) I

ENERAL

.—Chapter 16 of title 10, United States Code,

as added by section 1241(a)(3) of this Act, is amended by inserting

after the table at the beginning of subchapter VII the following

new section:

‘‘§ 381. Consolidated budget

‘‘(a) C

ONSOLIDATED

UDGET

.—The budget of the President for

each fiscal year, as submitted to Congress by the President pursuant

to section 1105 of title 31, shall set forth by budget function and

as a separate item the amounts requested for the Department

of Defense for such fiscal year for all security cooperation programs

and activities of the Department of Defense, including the military

departments, to be conducted in such fiscal year, including the

specific country or region and the applicable authority, to the extent

practicable.

‘‘(b) Q

UARTERLY

EPORT ON

SE OF

UNDS

.—Not later than

30 days after the end of each calendar quarter, the Secretary

shall submit to the appropriate committees of Congress a report

on the obligation and expenditure of funds for security cooperation

programs and activities of the Department of Defense during such

calendar quarter.’’.

(b) A

PPLICABILITY

.—The amendment made by subsection (a)

shall take effect on the date of the enactment of this Act, and

shall apply as follows:

(1) Subsection (a) of section 381 of title 10, United States

Code, as added by subsection (a), shall apply to budgets sub-

mitted to Congress by the President pursuant to section 1105

of title 31, United States Code, for each fiscal year after fiscal

year 2018.

(2) Subsection (b) of such section 381, as so added, shall

apply to calendar quarters beginning on or after the date of

the enactment of this Act.

SEC. 1250. DEPARTMENT OF DEFENSE SECURITY COOPERATION

WORKFORCE DEVELOPMENT.

(a) I

ENERAL

.—Chapter 16 of title 10, United States Code,

as added by section 1241(a)(3) of this Act, is amended by inserting

after section 383, as added by section 1241(m) of this Act, the

following new section:

‘‘§ 384. Department of Defense security cooperation

workforce development

‘‘(a) P

ROGRAM

EQUIRED

.—The Secretary of Defense shall carry

out a program to be known as the ‘Department of Defense Security

Cooperation Workforce Development Program’ (in this section

referred to as the ‘Program’) to oversee the development and

management of a professional workforce supporting security

cooperation programs and activities of the Department of Defense,

including—

‘‘(1) assessment, planning, monitoring, execution, evalua-

tion, and administration of such programs and activities under

this chapter; and

10 USC 384.

10 USC 381 note.

10 USC 381.

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130 STAT. 2527 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) execution of security assistance programs and activities

under the Foreign Assistance Act of 1961 and the Arms Export

Control Act by the Department of Defense.

‘‘(b) P

URPOSE

.—The purpose of the Program is to improve the

quality and professionalism of the security cooperation workforce

in order to ensure that the workforce—

‘‘(1) has the capacity, in both personnel and skills, needed

to properly perform its mission, provide appropriate support

to the assessment, planning, monitoring, execution, evaluation,

and administration of security cooperation programs and activi-

ties described in subsection (a), and ensure that the Department

receives the best value for the expenditure of public resources

on such programs and activities; and

‘‘(2) is assigned in a manner that ensures personnel with

the appropriate level of expertise and experience are assigned

in sufficient numbers to fulfill requirements for the security

cooperation programs and activities of the Department of

Defense and the execution of security assistance programs and

activities described in subsection (a)(2).

‘‘(c) E

LEMENTS

.—The Program shall consist of such elements

relating to the development and management of the security

cooperation workforce as the Secretary considers appropriate for

the purposes specified in subsection (b), including elements on

training, certification, assignment, and career development of per-

sonnel of the security cooperation workforce.

‘‘(d) M

ANAGEMENT

.—The Program shall be managed by the

Director of the Defense Security Cooperation Agency.

‘‘(e) G

UIDANCE

.—

‘‘(1) I

NTERIM GUIDANCE

.—Not later than 180 days after

the date of the enactment of the National Defense Authorization

Act for Fiscal Year 2017, the Secretary shall issue interim

guidance for the execution and administration of the Program.

‘‘(2) F

INAL GUIDANCE

.—Not later than one year after the

date of the enactment of the National Defense Authorization

Act for Fiscal Year 2017, the Secretary shall issue final guid-

ance for the execution and administration of the Program.

‘‘(3) S

COPE OF GUIDANCE

.—The guidance shall do the fol-

lowing:

‘‘(A) Provide direction to the Department of Defense

on the establishment of professional career paths for the

personnel of the security cooperation workforce, addressing

training and education standards, promotion opportunities

and requirements, retention policies, and scope of workforce

demands.

‘‘(B) Provide for a mechanism to identify and define

training and certification requirements for security coopera-

tion positions in the Department and a means to track

workforce skills and certifications.

‘‘(C) Provide for a mechanism to establish a program

of professional certification in Department of Defense secu-

rity cooperation for personnel of the security cooperation

workforce in different career tracks and levels of com-

petency based on requisite training and experience.

‘‘(D) Establish requirements for training and profes-

sional development associated with each level of certifi-

cation provided for under subparagraph (C).

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130 STAT. 2528 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(E) Establish and maintain a school to train, educate,

and certify the security cooperation workforce according

to standards developed for purposes of subparagraph (C).

‘‘(F) Provide for a mechanism for assigning appro-

priately certified personnel of the security cooperation

workforce to assignments associated with key positions in

connection with security cooperation programs and activi-

ties.

‘‘(G) Identify the appropriate composition of career and

temporary personnel necessary to constitute the security

cooperation workforce.

‘‘(H) Identify specific positions throughout the security

cooperation workforce to be managed and assigned through

the Program.

‘‘(f) S

OURCE OF

UNDS

.—

‘‘(1) I

N GENERAL

.—Funds available to the Defense Security

Cooperation Agency, and other funds available to the Depart-

ment of Defense for security cooperation programs and activities

of the Department of Defense, may be used to carry out the

Program.

‘‘(2) B

UDGET JUSTIFICATION

.—Funds necessary to carry out

the Program as described in paragraph (1) for a fiscal year

shall be identified, with appropriate justification, in the consoli-

dated budget for such fiscal year required by section 381 of

this title.

‘‘(g) U

SE OF

UNDS

.—Amounts available for use for the Program

may be transferred to any account of the military departments

or the Defense Agencies for purposes of the Program.

‘‘(h) S

ECURITY

OOPERATION

ORKFORCE

EFINED

.—In this sec-

tion, the term ‘security cooperation workforce’ means the following:

‘‘(1) Members of the armed forces and civilian employees

of the Department of Defense working in the security coopera-

tion organizations of United States missions overseas.

‘‘(2) Members of the armed forces and civilian employees

of the Department of Defense in the geographic combatant

commands and functional combatant commands responsible for

planning, monitoring, or conducting security cooperation activi-

ties.

‘‘(3) Members of the armed forces and civilian employees

of the Department of Defense in the military departments

performing security cooperation activities, including activities

in connection with the acquisition and development of tech-

nology release policies.

‘‘(4) Other military and civilian personnel of Defense Agen-

cies and Field Activities who perform security cooperation

activities.

‘‘(5) Personnel of the Department of Defense who perform

assessments, monitoring, or evaluations of security cooperation

programs and activities of the Department of Defense, including

assessments under section 383 of this title.

‘‘(6) Other members of the armed forces or civilian

employees of the Department of Defense who contribute signifi-

cantly to the security cooperation programs and activities of

the Department of Defense by virtue of their assigned duties,

as determined pursuant to the guidance issued under sub-

section (e).’’.

(b) R

EPORTS ON

ORKFORCE

EVELOPMENT

.—

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130 STAT. 2529 PUBLIC LAW 114–328—DEC. 23, 2016

(1) I

N GENERAL

.—Not later than March 1, 2018, and each

year thereafter through 2021, the Secretary of Defense shall

submit to the appropriate committees of Congress a report

on the Department of Defense Security Cooperation Workforce

Development Program required by section 384 of title 10,

United States Code, as added by subsection (a), for the fiscal

year beginning in the year in which such report is submitted.

(2) E

LEMENTS

.—Each report under this subsection shall

include, for the fiscal year covered by such report, the following:

(A) The funds requested or allocated for the Depart-

ment of Defense Security Cooperation Workforce Develop-

ment Program and for the security cooperation workforce.

(B) A description of how the funds identified pursuant

to subparagraph (A) will be implemented for the following:

(i) To address any gaps in the skills and com-

petencies of the current or anticipated security coopera-

tion workforce

(ii) To provide incentives to retain qualified, experi-

enced personnel in the security cooperation workforce.

(iii) To provide incentives to attract and recruit

new, high-quality personnel to the security cooperation

workforce.

priate.

(3) D

EFINITIONS

.—In this subsection:

(A) The term ‘‘appropriate committees of Congress’’

has the meaning given that term in section 301(1) of title

10, United States Code, as added by section 1241(a)(3)

of this Act.

(B) The term ‘‘security cooperation workforce’’ has the

meaning given that term in section 384(h) of title 10,

United States Code, as added by subsection (a).

SEC. 1251. REPORTING REQUIREMENTS.

(a) C

ODIFICATION IN

HAPTER ON

ECURITY

OOPERATION

CTIVITIES

.—Chapter 16 of title 10, United States Code, as added

by section 1241(a)(3) of this Act, is amended by inserting after

section 385, as added by section 1241(m) of this Act, a new section

386 consisting of—

(1) a heading as follows:

‘‘§ 386. Annual report’’; and

(2) a text consisting of subsections (a) through (e) of section

1211 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National

Defense Authorization Act for Fiscal Year 2015 (Public Law

113–291; 128 Stat. 3544).

(b) R

EVISIONS

ROVIDE FOR

ERMANENT

, A

NNUAL

EPORT

.—

Subsection (a) of section 386 of title 10, United States Code, as

added by subsection (a) of this section, is amended—

(1) by striking ‘‘B

IENNIAL

’’ and all that follows through

‘‘the Secretary of Defense’’ and inserting ‘‘A

NNUAL

EPORT

EQUIRED

.—Not later than January 31 of each year beginning

in 2018, the Secretary of Defense’’;

(2) by striking ‘‘congressional defense committees’’ and

inserting ‘‘appropriate congressional committees’’;

(3) by inserting ‘‘under the authorities in subsection (c)’’

after ‘‘Department of Defense’’;

10 USC 386 note.

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130 STAT. 2530 PUBLIC LAW 114–328—DEC. 23, 2016

(4) by striking ‘‘security assistance’’ and inserting ‘‘assist-

ance’’;

(5) by striking ‘‘the two fiscal years’’ and inserting ‘‘the

fiscal year’’; and

(6) by striking ‘‘under the authorities in subsection (c)’’

after ‘‘submitted’’.

LEMENTS OF

EPORT

.—Subsection (b) of such section 386,

as so added, is amended—

(1) in paragraph (1), by inserting ‘‘, duration,’’ after ‘‘pur-

pose’’;

(2) in paragraph (2), by striking ‘‘The cost’’ and inserting

‘‘The cost and expenditures’’;

(3) by adding at the end the following:

‘‘(4) For each foreign country in which defense articles,

defense services, supplies (including consumables), small-scale

construction, or reimbursement were provided, a description

of the extent of participation, if any, by the military forces

and security forces or other government organizations of such

foreign country.

‘‘(5) The number of members of the United States armed

forces involved in providing such defense articles, defense serv-

ices, supplies (including consumables), and small-scale construc-

tion, and, if applicable, a description of the military benefits

for such members involved in providing such training, equip-

ment, or assistance.

‘‘(6) A summary, by authority, of the activities carried

out under each authority specified in subsection (c).’’.

(d) M

ODIFICATION TO

PECIFIED

UTHORITIES

.—Subsection (c)

of such section 386, as so added, is amended—

(1) by striking paragraph (1) and inserting the following

new paragraph (1):

‘‘(1) Sections 311, 321, 331, 332, 333, 344, 348, 349, and

350 of this title.’’;

(2) by striking paragraphs (4), (5), (7), (10), (11), and (12);

(3) by redesignating paragraphs (6), (8), (9), and (13)

through (16) as paragraphs (4) through (10), respectively;

(4) by inserting after paragraph (10), as redesignated by

paragraph (3) of this subsection, the following new paragraphs:

‘‘(11) Section 401 of this title, relating to humanitarian

and civic assistance provided in conjunction with military oper-

ations.

‘‘(12) Section 1206 of the Carl Levin and Howard P. ‘Buck’

McKeon National Defense Authorization Act for Fiscal Year

2015 (128 Stat. 3538; 10 U.S.C. 2282 note), relating to authority

to conduct human rights training of security forces and associ-

ated security ministries of foreign countries.’’;

(5) by redesignating paragraph (17) as paragraph (13);

and

(6) by striking ‘‘of title 10, United States Code’’ each place

it appears and inserting ‘‘of this title’’.

(e) M

ODIFICATION OF

ONDUPLICATION OF

FFORT

EQUIRE

MENT

.—Subsection (d) of such section 386, as so added, is

amended—

(1) by striking ‘‘If any information’’ and inserting the fol-

lowing:

‘‘(1) I

N GENERAL

.—Except as provided in paragraph (2),

if any information’’; and

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130 STAT. 2531 PUBLIC LAW 114–328—DEC. 23, 2016

(2) by adding at the end the following new paragraph:

‘‘(2) E

XCEPTION

.—Paragraph (1) does not apply with respect

to information required under subsection (a) that is required

to be submitted as described in paragraphs (1) and (2) of

subsection (b).’’.

(f) F

ORM

.—Subsection (e) of such section 386, as so added,

is amended by inserting ‘‘that may also include other sensitive

information’’ after ‘‘annex’’.

(g) C

ONFORMING

EPEAL

.—Section 1211 of the Carl Levin and

Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act

for Fiscal Year 2015 is repealed.

SEC. 1252. QUADRENNIAL REVIEW OF SECURITY SECTOR ASSISTANCE

PROGRAMS AND AUTHORITIES OF THE UNITED STATES

GOVERNMENT.

(a) S

TATEMENT OF

OLICY

.—It is the policy of the United States

that the principal goals of the security sector assistance programs

and authorities of the United States Government are as follows:

(1) To assist partner nations in building sustainable capa-

bility to address common security challenges with the United

States.

(2) To promote partner nation support for United States

interests.

(3) To promote universal values, such as good governance,

transparent and accountable oversight of security forces, rule

of law, transparency, accountability, delivery of fair and effec-

tive justice, and respect for human rights.

(4) To strengthen collective security and multinational

defense arrangements and organizations of which the United

States is a participant.

(b) Q

UADRENNIAL

EVIEW

.—

(1) R

EVIEW REQUIRED

.—Not later than January 31, 2018,

and every four years thereafter though 2034, the President

shall complete a review of the security sector assistance pro-

grams, policies, authorities, and resources of the United States

Government across the United States Government.

(2) E

LEMENTS

.—Each review under this subsection shall

include the following:

(A) An examination whether the current security sector

assistance programs, policies, authorities, and resources

of the United States Government are sufficient to achieve

the goals specified in subsection (a), and an identification

of any gaps or shortfalls needing mitigation.

(B) An examination of the success of such programs

and resources in achieving such goals, based on a review

of relevant departmental and interagency programmatic

and strategic evaluations.

sector assistance of the United States Government is

aligned with national security and foreign policy objectives,

conducted in support of clear and coherent policy guidance,

and planned and executed in accordance with identified

best practices.

(D) The development of recommendations, as appro-

priate, for improving the security sector assistance pro-

grams, policies, authorities, and resources of the United

States Government to more effectively achieve the goals

10 USC 301 note.

128 Stat. 3544.

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130 STAT. 2532 PUBLIC LAW 114–328—DEC. 23, 2016

specified in subsection (a) and support other national secu-

rity objectives.

(3) S

UBMITTAL TO CONGRESS

.—Not later than 60 days after

the completion of a review under this subsection, the President

shall submit to the appropriate committees of Congress a report

setting forth a summary of the review, including any rec-

ommendations developed pursuant to paragraph (2)(D).

(4) A

PPROPRIATE COMMITTEES OF CONGRESS DEFINED

.—In

this subsection, the term ‘‘appropriate committees of Congress’’

has the meaning given that term in section section 301(1)

of title 10, United States Code, as added by section 1241(a)(3)

of this Act.

SEC. 1253. OTHER CONFORMING AMENDMENTS AND AUTHORITY FOR

ADMINISTRATION.

(a) R

EPEAL OF

THER

UPERSEDED

, O

BSOLETE

UPLICATIVE

TATUTES

.—

(1) I

N GENERAL

.—The following provisions of title 10,

United States Code, are repealed:

(A) Section 168, relating to military-to-military contacts

and comparable activities.

(B) Section 1051c, relating to assignment of members

of foreign military forces to improve education and training

in information security through multilateral, bilateral, or

regional cooperation programs.

excess construction or fire equipment from Department

of Defense stocks in foreign assistance or military sales

programs.

(D) Sections 4681 and 9681, relating to sale of surplus

war material to States and foreign governments.

(2) C

LERICAL AMENDMENTS

.—Title 10, United States Code,

is amended as follows:

(A) The table of sections at the beginning of chapter

6 is amended by striking the item relating to section 168.

(B) The table of sections at the beginning of chapter

53 is amended by striking the item relating to section

1051c.

152 is amended by striking the item relating to section

2562.

(D) The table of sections at the beginning of chapter

443 is amended by striking the item relating to section

4681.

(E) The table of sections at the beginning of chapter

943 is amended by striking the item relating to section

9681.

(b) S

AVINGS

LAUSE

.—Any determination or other action made

or taken before the date of the enactment of this Act under a

provision of law transferred or repealed by this subchapter that

is in effect as of the date of the enactment of this Act and is

necessary for the administration of a successor authority to such

provision of law under chapter 16 of title 10, United States Code,

by reason of the enactment of such chapter by this subchapter

shall remain in effect, in accordance with the terms of such deter-

mination or action when made or taken, for purposes of the adminis-

tration of such successor authority.

10 USC 301 note.

10 USC 9681

prec.

10 USC 4681

prec.

10 USC 2551

prec.

10 USC 1030

prec.

10 USC 161 prec.

10 USC 168.

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130 STAT. 2533 PUBLIC LAW 114–328—DEC. 23, 2016

EPORT ON

ISCHARGE OF

ERTAIN

CTIVITIES

NDER

ECURITY

OOPERATION

UTHORITY

.—

(1) I

N GENERAL

.—Not later than October 1, 2017, the Sec-

retary of Defense shall submit to the congressional defense

committees a report setting forth a description of any gaps

that exist between applicable authorities in chapter 16 of title

10, United States Code, as added by section 1241(a)(3) of this

Act, and the current law or other authorities under which

activities under the initiatives specified in paragraph (2) are

carried out.

(2) I

NITIATIVES

.—The initiatives specified in this paragraph

are the following:

(A) The Southeast Asia Maritime Security Initiative.

(B) The Ukraine Security Assistance Initiative.

(3) E

LEMENTS

.—The report under paragraph (1) shall

include the following:

(A) A description of each discrete set of activities under

an initiative specified in paragraph (2) for which gaps

exist between the applicable authorities in chapter 16 of

title 10, United States Code, as so added, and current

law or other authorities under which such activities are

carried out.

(B) For each discrete set of activities covered by

subparagraph (A), the following:

(i) A description of the gaps described in subpara-

graph (A).

(ii) Recommendations for legislative or administra-

tive action to address such gaps.

Subtitle F—Human Rights Sanctions

SEC. 1261. SHORT TITLE.

This subtitle may be cited as the ‘‘Global Magnitsky Human

Rights Accountability Act’’.

SEC. 1262. DEFINITIONS.

In this subtitle:

(1) F

OREIGN PERSON

.—The term ‘‘foreign person’’ has the

meaning given that term in section 595.304 of title 31, Code

of Federal Regulations (as in effect on the day before the

date of the enactment of this Act).

(2) G

ROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED

HUMAN RIGHTS

.—The term ‘‘gross violations of internationally

recognized human rights’’ has the meaning given that term

in section 502B(d)(1) of the Foreign Assistance Act of 1961

(22 U.S.C. 2304(d)(1)).

(3) P

ERSON

.—The term ‘‘person’’ has the meaning given

that term in section 591.308 of title 31, Code of Federal Regula-

tions (as in effect on the day before the date of the enactment

of this Act).

(4) U

NITED STATES PERSON

.—The term ‘‘United States per-

son’’ has the meaning given that term in section 595.315 of

title 31, Code of Federal Regulations (as in effect on the day

before the date of the enactment of this Act).

Global Magnitsky

Human Rights

Accountability

Act.

22 USC 2656

note.

22 USC 2656

note.

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130 STAT. 2534 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1263. AUTHORIZATION OF IMPOSITION OF SANCTIONS.

(a) I

ENERAL

.—The President may impose the sanctions

described in subsection (b) with respect to any foreign person the

President determines, based on credible evidence—

(1) is responsible for extrajudicial killings, torture, or other

gross violations of internationally recognized human rights com-

mitted against individuals in any foreign country who seek—

(A) to expose illegal activity carried out by government

officials; or

(B) to obtain, exercise, defend, or promote internation-

ally recognized human rights and freedoms, such as the

freedoms of religion, expression, association, and assembly,

and the rights to a fair trial and democratic elections;

(2) acted as an agent of or on behalf of a foreign person

in a matter relating to an activity described in paragraph

(1);

(3) is a government official, or a senior associate of such

an official, that is responsible for, or complicit in, ordering,

controlling, or otherwise directing, acts of significant corruption,

including the expropriation of private or public assets for per-

sonal gain, corruption related to government contracts or the

extraction of natural resources, bribery, or the facilitation or

transfer of the proceeds of corruption to foreign jurisdictions;

(4) has materially assisted, sponsored, or provided financial,

material, or technological support for, or goods or services in

support of, an activity described in paragraph (3).

(b) S

ANCTIONS

ESCRIBED

.—The sanctions described in this

subsection are the following:

(1) I

NADMISSIBILITY TO UNITED STATES

.—In the case of a

foreign person who is an individual—

(A) ineligibility to receive a visa to enter the United

States or to be admitted to the United States; or

(B) if the individual has been issued a visa or other

documentation, revocation, in accordance with section

221(i) of the Immigration and Nationality Act (8 U.S.C.

1201(i)), of the visa or other documentation.

(2) B

LOCKING OF PROPERTY

.—

(A) I

N GENERAL

.—The blocking, in accordance with

the International Emergency Economic Powers Act (50

U.S.C. 1701 et seq.), of all transactions in all property

and interests in property of a foreign person if such prop-

erty and interests in property are in the United States,

come within the United States, or are or come within

the possession or control of a United States person.

(B) I

NAPPLICABILITY OF NATIONAL EMERGENCY REQUIRE

MENT

.—The requirements of section 202 of the Inter-

national Emergency Economic Powers Act (50 U.S.C. 1701)

shall not apply for purposes of this section.

XCEPTION RELATING TO IMPORTATION OF GOODS

.—

(i) I

N GENERAL

.—The authority to block and pro-

hibit all transactions in all property and interests in

property under subparagraph (A) shall not include the

authority to impose sanctions on the importation of

goods.

(ii) G

OOD

.—In this subparagraph, the term ‘‘good’’

has the meaning given that term in section 16 of

22 USC 2656

note.

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130 STAT. 2535 PUBLIC LAW 114–328—DEC. 23, 2016

the Export Administration Act of 1979 (50 U.S.C. 4618)

(as continued in effect pursuant to the International

Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.)).

ONSIDERATION OF

ERTAIN

NFORMATION IN

MPOSING

ANCTIONS

.—In determining whether to impose sanctions under

subsection (a), the President shall consider—

(1) information provided jointly by the chairperson and

ranking member of each of the appropriate congressional

committees; and

(2) credible information obtained by other countries and

nongovernmental organizations that monitor violations of

human rights.

(d) R

EQUESTS BY

PPROPRIATE

ONGRESSIONAL

OMMITTEES

.—

(1) I

N GENERAL

.—Not later than 120 days after receiving

a request that meets the requirements of paragraph (2) with

respect to whether a foreign person has engaged in an activity

described in subsection (a), the President shall—

(A) determine if that person has engaged in such an

activity; and

(B) submit a classified or unclassified report to the

chairperson and ranking member of the committee or

committees that submitted the request with respect to that

determination that includes—

(i) a statement of whether or not the President

imposed or intends to impose sanctions with respect

to the person; and

(ii) if the President imposed or intends to impose

sanctions, a description of those sanctions.

(2) R

EQUIREMENTS

.—

(A) R

EQUESTS RELATING TO HUMAN RIGHTS VIOLA

TIONS

.—A request under paragraph (1) with respect to

whether a foreign person has engaged in an activity

described in paragraph (1) or (2) of subsection (a) shall

be submitted to the President in writing jointly by the

chairperson and ranking member of one of the appropriate

congressional committees.

(B) R

EQUESTS RELATING TO CORRUPTION

.—A request

under paragraph (1) with respect to whether a foreign

person has engaged in an activity described in paragraph

(3) or (4) of subsection (a) shall be submitted to the Presi-

dent in writing jointly by the chairperson and ranking

member of—

(i) one of the appropriate congressional committees

of the Senate; and

(ii) one of the appropriate congressional commit-

tees of the House of Representatives.

(e) E

XCEPTION

OMPLY

ITH

NITED

ATIONS

EAD

QUARTERS

GREEMENT AND

NFORCEMENT

BJECTIVES

.—Sanc-

tions under subsection (b)(1) shall not apply to an individual if

admitting the individual into the United States would further

important law enforcement objectives or is necessary to permit

the United States to comply with the Agreement regarding the

Headquarters of the United Nations, signed at Lake Success June

26, 1947, and entered into force November 21, 1947, between the

United Nations and the United States, or other applicable inter-

national obligations of the United States.

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130 STAT. 2536 PUBLIC LAW 114–328—DEC. 23, 2016

(f) E

NFORCEMENT OF

LOCKING OF

ROPERTY

.—A person that

violates, attempts to violate, conspires to violate, or causes a viola-

tion of a sanction described in subsection (b)(2) that is imposed

by the President or any regulation, license, or order issued to

carry out such a sanction shall be subject to the penalties set

forth in subsections (b) and (c) of section 206 of the International

Emergency Economic Powers Act (50 U.S.C. 1705) to the same

extent as a person that commits an unlawful act described in

subsection (a) of that section.

(g) T

ERMINATION OF

ANCTIONS

.—The President may terminate

the application of sanctions under this section with respect to

a person if the President determines and reports to the appropriate

congressional committees not later than 15 days before the termi-

nation of the sanctions that—

(1) credible information exists that the person did not

engage in the activity for which sanctions were imposed;

(2) the person has been prosecuted appropriately for the

activity for which sanctions were imposed;

(3) the person has credibly demonstrated a significant

change in behavior, has paid an appropriate consequence for

the activity for which sanctions were imposed, and has credibly

committed to not engage in an activity described in subsection

(a) in the future; or

(4) the termination of the sanctions is in the national

security interests of the United States.

(h) R

EGULATORY

UTHORITY

.—The President shall issue such

regulations, licenses, and orders as are necessary to carry out

this section.

(i) I

DENTIFICATION OF

ANCTIONABLE

OREIGN

ERSONS

.—The

Assistant Secretary of State for Democracy, Human Rights, and

Labor, in consultation with the Assistant Secretary of State for

Consular Affairs and other bureaus of the Department of State,

as appropriate, is authorized to submit to the Secretary of State,

for review and consideration, the names of foreign persons who

may meet the criteria described in subsection (a).

(j) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Banking, Housing, and Urban Affairs

and the Committee on Foreign Relations of the Senate; and

(2) the Committee on Financial Services and the Committee

on Foreign Affairs of the House of Representatives.

SEC. 1264. REPORTS TO CONGRESS.

(a) I

ENERAL

.—The President shall submit to the appropriate

congressional committees, in accordance with subsection (b), a

report that includes—

(1) a list of each foreign person with respect to which

the President imposed sanctions pursuant to section 1263

during the year preceding the submission of the report;

(2) a description of the type of sanctions imposed with

respect to each such person;

(3) the number of foreign persons with respect to which

the President—

(A) imposed sanctions under section 1263(a) during

that year; and

22 USC 2656

note.

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130 STAT. 2537 PUBLIC LAW 114–328—DEC. 23, 2016

(B) terminated sanctions under section 1263(g) during

that year;

(4) the dates on which such sanctions were imposed or

terminated, as the case may be;

(5) the reasons for imposing or terminating such sanctions;

and

(6) a description of the efforts of the President to encourage

the governments of other countries to impose sanctions that

are similar to the sanctions authorized by section 1263.

(b) D

ATES FOR

UBMISSION

.—

(1) I

NITIAL REPORT

.—The President shall submit the initial

report under subsection (a) not later than 120 days after the

date of the enactment of this Act.

(2) S

UBSEQUENT REPORTS

.—

(A) I

N GENERAL

.—The President shall submit a subse-

quent report under subsection (a) on December 10, or the

first day thereafter on which both Houses of Congress

are in session, of—

(i) the calendar year in which the initial report

is submitted if the initial report is submitted before

December 10 of that calendar year; and

(ii) each calendar year thereafter.

(B) C

ONGRESSIONAL STATEMENT

.—Congress notes that

December 10 of each calendar year has been recognized

in the United States and internationally since 1950 as

‘‘Human Rights Day’’.

ORM OF

EPORT

.—

(1) I

N GENERAL

.—Each report required by subsection (a)

shall be submitted in unclassified form, but may include a

classified annex.

(2) E

XCEPTION

.—The name of a foreign person to be

included in the list required by subsection (a)(1) may be sub-

mitted in the classified annex authorized by paragraph (1)

only if the President—

(A) determines that it is vital for the national security

interests of the United States to do so;

(B) uses the annex in a manner consistent with

congressional intent and the purposes of this subtitle; and

in a classified annex, provides to the appropriate congres-

sional committees notice of, and a justification for,

including the name in the classified annex despite any

publicly available credible information indicating that the

person engaged in an activity described in section 1263(a).

(d) P

UBLIC

VAILABILITY

.—

(1) I

N GENERAL

.—The unclassified portion of the report

required by subsection (a) shall be made available to the public,

including through publication in the Federal Register.

(2) N

ONAPPLICABILITY OF CONFIDENTIALITY REQUIREMENT

WITH RESPECT TO VISA RECORDS

.—The President shall publish

the list required by subsection (a)(1) without regard to the

requirements of section 222(f) of the Immigration and Nation-

ality Act (8 U.S.C. 1202(f)) with respect to confidentiality of

records pertaining to the issuance or refusal of visas or permits

to enter the United States.

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130 STAT. 2538 PUBLIC LAW 114–328—DEC. 23, 2016

(e) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Appropriations, the Committee on

Banking, Housing, and Urban Affairs, the Committee on For-

eign Relations, and the Committee on the Judiciary of the

Senate; and

(2) the Committee on Appropriations, the Committee on

Financial Services, the Committee on Foreign Affairs, and the

Committee on the Judiciary of the House of Representatives.

SEC. 1265. SUNSET.

(a) I

ENERAL

.—The authority to impose sanctions under

this subtitle shall terminate on the date that is 6 years after

the date of the enactment of this Act.

(b) C

ONTINUATION IN

FFECT OF

ANCTIONS

.—Sanctions

imposed under this subtitle on or before the date specified in

subsection (a), and in effect as of such date, shall remain in effect

until terminated in accordance with the requirements of section

1263(g).

Subtitle G—Miscellaneous Reports

SEC. 1271. MODIFICATION OF ANNUAL REPORT ON MILITARY AND

SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S

REPUBLIC OF CHINA.

(a) A

NNUAL

EPORT

.—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) M

ATTERS

NCLUDED

.—Subsection (b) of such section,

as most recently amended by section 1252(a) of the Carl Levin

and Howard P. ‘‘Buck’’ McKeon National Defense Authorization

Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3571),

is further amended by adding at the end the following:

‘‘(21) A summary of the order of battle of the People’s

Liberation Army, including anti-ship ballistic missiles, theater

ballistic missiles, and land attack cruise missile inventory.

‘‘(22) A description of the People’s Republic of China’s mili-

tary and nonmilitary activities in the South China Sea.’’.

FFECTIVE

ATE

.—The amendments made by this section

take effect on the date of the enactment of this Act and apply

with respect to reports required to be submitted under subsection

(a) of section 1202 of the National Defense Authorization Act for

Fiscal Year 2000 on or after that date.

SEC. 1272. MONITORING AND EVALUATION OF OVERSEAS HUMANI-

TARIAN, DISASTER, AND CIVIC AID PROGRAMS OF THE

DEPARTMENT OF DEFENSE.

(a) I

ENERAL

.—Of the amounts authorized to be appropriated

by this Act for Overseas Humanitarian, Disaster, and Civic Aid,

the Secretary of Defense is authorized to use up to 5 percent

of such amounts to conduct monitoring and evaluation of programs

that are funded using such amounts during fiscal years 2017 and

2018.

10 USC 113 note.

22 USC 2656

note.

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130 STAT. 2539 PUBLIC LAW 114–328—DEC. 23, 2016

(b) B

RIEFING

.—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).

EFINITION

.—In subsection (b), the term ‘‘appropriate

congressional committees’’ means—

(1) the Committee on Armed Services and the Committee

on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee

on Foreign Affairs of the House of Representatives.

SEC. 1273. STRATEGY FOR UNITED STATES DEFENSE INTERESTS IN

AFRICA.

(a) R

EQUIRED

EPORT

.—Not later than one year after the date

of the enactment of this Act, the Secretary of Defense, in coordina-

tion with the Secretary of State, shall submit to the congressional

defense committees a report that contains the strategy for United

States defense interests in Africa.

(b) M

ATTERS

NCLUDED

.—The report required by sub-

section (a) shall address the following:

(1) United States national security interests in Africa,

including an assessment of threats to global and regional

United States national security interests emanating from the

continent.

(2) United States defense objectives in Africa.

(3) Courses of action to accomplish United States defense

objectives in Africa, including those conducted in cooperation

with other Federal agencies.

(4) Measures to improve coordination between United

States Africa Command and other combatant commands to

achieve unity of effort to counter threats that cross combatant

command boundaries.

(5) Department of Defense capabilities and resources

required to achieve defense objectives in Africa, and the mitiga-

tion plan to address any gaps in such capabilities or resources

that affect the implementation of the strategy required by

subsection (a).

(6) Security cooperation initiatives to advance defense

objectives in Africa.

(7) Any other matters the Secretary of Defense determines

to be appropriate.

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form, but may contain a classified annex

if necessary.

SEC. 1274. REPORT ON THE POTENTIAL FOR COOPERATION BETWEEN

THE UNITED STATES AND ISRAEL ON DIRECTED ENERGY

CAPABILITIES.

(a) R

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, the Secretary of Defense shall submit to

the appropriate committees of Congress a report on the potential

for cooperative development by the United States and Israel of

a directed energy capability to defeat ballistic missiles, cruise mis-

siles, unmanned aerial vehicles, mortars, and improvised explosive

devices that threaten the United States, deployed forces of the

United States, or Israel. The report shall include the following:

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130 STAT. 2540 PUBLIC LAW 114–328—DEC. 23, 2016

(1) An assessment of the technological maturity of United

States and Israeli directed energy capabilities to defeat

adversary threat systems.

(2) An assessment of the respective military capability gaps

of each country that such directed energy developments could

address.

(3) An assessment of the opportunities for the United States

and Israel to cooperate to develop directed energy capabilities

to defeat adversary threat systems, including estimated costs

of pursuing such opportunities.

(4) An assessment of whether such opportunities should

be pursued, including any potential risks from the pursuit

of such opportunities.

(5) Any other matters the Secretary considers appropriate.

(b) F

ORM

.—The report shall be submitted in unclassified form,

but may include a classified annex.

PPROPRIATE

OMMITTEES OF

ONGRESS

EFINED

.—In this

section, the term ‘‘appropriate committees of Congress’’ means—

(1) the Committee on Armed Services, the Committee on

Foreign Relations, and the Committee on Appropriations of

the Senate; and

(2) the Committee on Armed Services, the Committee on

Foreign Affairs, and the Committee on Appropriations of the

House of Representatives.

SEC. 1275. ANNUAL UPDATE OF DEPARTMENT OF DEFENSE FREEDOM

OF NAVIGATION REPORT.

(a) I

ENERAL

.—The Secretary of Defense shall submit to

the Committees on Armed Services of the Senate and the House

of Representatives on an annual basis a report setting forth an

update of the most current Department of Defense Freedom of

Navigation Report under the Freedom of Navigation Operations

(FONOPS) program. The purpose of each report shall be to docu-

ment the types and locations of excessive claims that the Armed

Forces of the United States have challenged in the previous year

in order to preserve the rights, freedoms, and uses of the sea

and airspace guaranteed to all countries by international law.

(b) E

LEMENTS

.—Each report under this section shall include,

for the year covered by such report, the following:

(1) Each excessive maritime claim challenged by the United

States under the program referred to in subsection (a),

including the country making each such claim.

(2) The nature of each claim, including the geographic

location or area covered by such claim (including the body

of water and island grouping, when applicable).

(3) The specific legal challenge asserted through the pro-

gram.

ORM

.—Each report under this section shall be submitted

in unclassified form.

(d) S

UNSET

.—No report is required under this section after

December 31, 2021.

SEC. 1276. ASSESSMENT OF PROLIFERATION OF CERTAIN REMOTELY

PILOTED AIRCRAFT SYSTEMS.

(a) R

EPORT ON

SSESSMENT OF

ROLIFERATION OF

EMOTELY

ILOTED

IRCRAFT

YSTEMS

.—Not later than 6 months after the

date of the enactment of this Act, the Chairman of the Joint

Chiefs of Staff shall submit to the congressional defense committees

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130 STAT. 2541 PUBLIC LAW 114–328—DEC. 23, 2016

a report setting forth an assessment, obtained by the Chairman

for purposes of the report, of the impact to United States national

security interests of the proliferation of remotely piloted aircraft

that are assessed to be ‘‘Category I’’ items under the Missile Tech-

nology Control Regime (MTCR).

(b) I

NDEPENDENT

SSESSMENT

.—

(1) I

N GENERAL

.—The assessment obtained for purposes

of subsection (a) shall be conducted by a federally funded

research and development center (FFRDC), or another appro-

priate independent entity with expertise in the procurement

and operation of remotely piloted aircraft, selected by the Chair-

man for purposes of the assessment.

(2) U

SE OF PREVIOUS STUDIES

.—The entity conducting the

assessment may use and incorporate information from previous

studies on matters appropriate to the assessment.

LEMENTS

.—The assessment obtained for purposes of sub-

section (a) shall include the following:

(1) A qualitative and quantitative assessment of the scope

and scale of the proliferation of remotely piloted aircraft that

are ‘‘Category I’’ items under the Missile Technology Control

Regime.

(2) An assessment of the threat posed to United States

interests as a result of the proliferation of such aircraft to

adversaries.

(3) An assessment of the impact of the proliferation of

such aircraft on the combat capabilities of and interoperability

with partners and allies of the United States.

(4) An analysis of the degree to which the United States

has limited the proliferation of such aircraft as a result of

the application of a ‘‘strong presumption of denial’’ for exports

of such aircraft.

(5) An assessment of the benefits and risks of continuing

to limit exports of such aircraft.

(6) Such other matters as the Chairman considers appro-

priate.

(d) F

ORM

.—The report under subsection (a) shall be submitted

in unclassified form, but may include a classified annex.

Subtitle H—Other Matters

SEC. 1281. ENHANCEMENT OF INTERAGENCY SUPPORT DURING

CONTINGENCY OPERATIONS AND TRANSITION PERIODS.

(a) A

UTHORITY

.—The Secretary of Defense and the Secretary

of State may enter into an agreement under which each Secretary

may provide covered support, supplies, and services on a reimburse-

ment basis, or by exchange of covered support, supplies, and serv-

ices, to the other Secretary during a contingency operation and

related transition period for up to 2 years following the end of

such contingency operation.

(b) A

GREEMENT

.—An agreement entered into under this section

shall be in writing and shall include the following terms:

(1) The price charged by a supplying agency shall be the

direct costs that such agency incurred by providing the covered

support, supplies, or services to the requesting agency under

this section.

10 USC 2333

note.

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130 STAT. 2542 PUBLIC LAW 114–328—DEC. 23, 2016

(2) Credits and liabilities of the agencies accrued as a

result of acquisitions and transfers of covered support, supplies,

and services under this section shall be liquidated not less

often than once every 3 months by direct payment to the

agency supplying such support, supplies, or services by the

agency receiving such support, supplies, or services.

(3) Exchange entitlements accrued as a result of acquisi-

tions and transfers of covered support, supplies, and services

under this section shall be satisfied within 12 months after

the date of the delivery of the covered support, supplies, or

services. Exchange entitlements not so satisfied shall be imme-

diately liquidated by direct payment to the agency supplying

such covered support, supplies, or services.

FFECT OF

BLIGATION AND

VAILABILITY OF

UNDS

.—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) D

EFINITIONS

.—In this section:

(1) C

OVERED SUPPORT

SUPPLIES

AND SERVICES

.—The term

‘‘covered support, supplies, and services’’ means food, billeting,

transportation (including airlift), petroleum, oils, lubricants,

communications services, medical services, ammunition, base

operations support, use of facilities, spare parts and compo-

nents, repair and maintenance services, and calibration serv-

ices.

(2) C

ONTINGENCY OPERATION

.—The term ‘‘contingency oper-

ation’’ has the meaning given that term in section 101(a)(13)

of title 10, United States Code.

(e) C

REDITING OF

ECEIPTS

.—Any receipt as a result of an

agreement entered into under this section shall be credited, at

the option of the Secretary of Defense with respect to the Depart-

ment of Defense and the Secretary of State with respect to the

Department of State, to—

(1) the appropriation, fund, or account used in incurring

the obligation; or

(2) an appropriate appropriation, fund, or account currently

available for the purposes for which the expenditures were

made.

(f) N

OTIFICATION

.—Not later than 30 days after the end of

a fiscal year in which covered support, supplies, and services are

provided or exchanged pursuant to an agreement under this section,

the Secretary of Defense and the Secretary of State shall jointly

submit to the congressional defense committees, the Committee

on Foreign Relations of the Senate, and the Committee on Foreign

Affairs of the House of Representatives a notification that contains

a copy of such agreement and a description of such covered support,

supplies, and services.

SEC. 1282. TWO-YEAR EXTENSION AND MODIFICATION OF AUTHORIZA-

TION OF NON-CONVENTIONAL ASSISTED RECOVERY

CAPABILITIES.

(a) E

XTENSION OF

UTHORITY

.—Subsection (h) of section 943

of the Duncan Hunter National Defense Authorization Act for Fiscal

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130 STAT. 2543 PUBLIC LAW 114–328—DEC. 23, 2016

Year 2009 (Public Law 110–417; 122 Stat. 4579), as most recently

amended by section 1271 of the National Defense Authorization

Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1075),

is further amended by striking ‘‘2018’’ and inserting ‘‘2021’’.

(b) M

ODIFICATION TO

UTHORIZED

CTIVITIES

.—Subsection (c)

of such section is amended by inserting ‘‘, or other individuals,

as determined by the Secretary of Defense, with respect to already

established non-conventional assisted recovery capabilities’’ before

the period at the end of the first sentence.

SEC. 1283. AUTHORITY TO DESTROY CERTAIN SPECIFIED WORLD WAR

II-ERA UNITED STATES-ORIGIN CHEMICAL MUNITIONS

LOCATED ON SAN JOSE ISLAND, REPUBLIC OF PANAMA.

(a) A

UTHORITY

.—

(1) I

N GENERAL

.—Subject to subsection (b), the Secretary

of Defense may destroy the chemical munitions described in

subsection (c).

(2) E

X GRATIA ACTION

.—The action authorized by this sec-

tion is ‘‘ex gratia’’ on the part of the United States, as the

term ‘‘ex gratia’’ is used in section 321 of the Strom Thurmond

National Defense Authorization Act for Fiscal Year 1999 (Public

Law 105–261; 10 U.S.C. 2701 note).

(3) C

ONSULTATION BETWEEN SECRETARY OF DEFENSE AND

SECRETARY OF STATE

.—The Secretary of Defense and the Sec-

retary of State shall consult and develop any arrangements

with the Republic of Panama with respect to this section.

(b) C

ONDITIONS

.—The Secretary of Defense may exercise the

authority under subsection (a) only if the Republic of Panama

has—

(1) revised the declaration of the Republic of Panama under

the Convention on the Prohibition of the Development, Produc-

tion, Stockpiling and Use of Chemical Weapons and on Their

Destruction to indicate that the chemical munitions described

in subsection (c) are ‘‘old chemical weapons’’ rather than ‘‘aban-

doned chemical weapons’’; and

(2) affirmed, in writing, that it understands (A) that the

United States intends only to destroy the munitions described

in subsections (c) and (d), and (B) that the United States

is not legally obligated and does not intend to destroy any

other munitions, munitions constituents, and associated debris

that may be located on San Jose Island as a result of research,

development, and testing activities conducted on San Jose

Island during the period of 1943 through 1947.

HEMICAL

UNITIONS

.—The chemical munitions described

in this subsection are the eight United States-origin chemical muni-

tions located on San Jose Island, Republic of Panama, that were

identified in the 2002 Final Inspection Report of the Technical

Secretariat of the Organization for the Prohibition of Chemical

Weapons.

(d) L

IMITED

NCIDENTAL

UTHORITY

ESTROY

THER

UNI

TIONS

.—In exercising the authority under subsection (a), the Sec-

retary of Defense may destroy other munitions located on San

Jose Island, Republic of Panama, but only to the extent essential

and required to reach and destroy the chemical munitions described

in subsection (c).

(e) S

OURCE OF

UNDS

.—Of the amounts authorized to be appro-

priated by this Act, the Secretary of Defense may use up to

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130 STAT. 2544 PUBLIC LAW 114–328—DEC. 23, 2016

$30,000,000 from amounts made available for Chemical Agents

and Munitions Destruction, Defense to carry out the authority

in subsection (a).

(f) S

UNSET

.—The authority under subsection (a) shall terminate

on the date that is 3 years after the date of the enactment of

this Act.

SEC. 1284. SENSE OF CONGRESS ON MILITARY EXCHANGES BETWEEN

THE UNITED STATES AND TAIWAN.

(a) M

ILITARY

XCHANGES

ETWEEN

ENIOR

FFICERS AND

FFI

CIALS OF THE

NITED

TATES AND

AIWAN

.—The Secretary of

Defense should carry out a program of exchanges of senior military

officers and senior officials between the United States and Taiwan

designed to improve military to military relations between the

United States and Taiwan.

(b) E

XCHANGES

ESCRIBED

.—For the purposes of this section,

an exchange is an activity, exercise, event, or observation oppor-

tunity between members of the Armed Forces and officials of the

Department of Defense, on the one hand, and armed forces per-

sonnel and officials of Taiwan, on the other hand.

OCUS OF

XCHANGES

.—The exchanges under the program

described in subsection (a) should include exchanges focused on

the following:

(1) Threat analysis.

(2) Military doctrine.

(3) Force planning.

(4) Logistical support.

(5) Intelligence collection and analysis.

(6) Operational tactics, techniques, and procedures.

(7) Humanitarian assistance and disaster relief.

(d) C

IVIL

-M

ILITARY

FFAIRS

.—The exchanges under the pro-

gram described in subsection (a) should include activities and exer-

cises focused on civil-military relations, including parliamentary

relations.

(e) L

OCATION OF

XCHANGES

.—The exchanges under the pro-

gram described in subsection (a) should be conducted in both the

United States and Taiwan.

(f) D

EFINITIONS

.—In this section:

(1) The term ‘‘senior military officer’’, with respect to the

Armed Forces, means a general or flag officer of the Armed

Forces on active duty.

(2) The term ‘‘senior official’’, with respect to the Depart-

ment of Defense, means a civilian official of the Department

of Defense at the level of Assistant Secretary of Defense or

above.

SEC. 1285. LIMITATION ON AVAILABILITY OF FUNDS TO IMPLEMENT

THE ARMS TRADE TREATY.

(a) I

ENERAL

.—None of the funds authorized to be appro-

priated by this Act or otherwise made available for fiscal year

2017 for the Department of Defense may be obligated or expended

to implement the Arms Trade Treaty, or to make any change

to existing programs, projects, or activities as approved by Congress

in furtherance of, pursuant to, or otherwise to implement the Arms

Trade Treaty, unless the Arms Trade Treaty has received the

advice and consent of the Senate and has been the subject of

implementing legislation, as required, by Congress.

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130 STAT. 2545 PUBLIC LAW 114–328—DEC. 23, 2016

(b) R

ULE OF

ONSTRUCTION

.—Nothing in this section shall be

construed to preclude the Department of Defense from assisting

foreign countries in bringing their laws and regulations up to United

States standards.

SEC. 1286. PROHIBITION ON USE OF FUNDS TO INVITE, ASSIST, OR

OTHERWISE ASSURE THE PARTICIPATION OF CUBA IN

CERTAIN JOINT OR MULTILATERAL EXERCISES.

(a) P

ROHIBITION

.—The Secretary of Defense may not use any

funds authorized to be appropriated or otherwise made available

for fiscal year 2017 for the Department of Defense to invite, assist,

or otherwise assure the participation of the Government of Cuba

in any joint or multilateral exercise or related security conference

between the Governments of the United States and Cuba until

the Secretary of Defense and the Secretary of State, in consultation

with the Director of National Intelligence, certify to the appropriate

congressional committees that—

(1) the Cuban military has ceased committing human rights

abuses against civil rights activists and other citizens of Cuba;

(2) the Cuban military has ceased providing military intel-

ligence, weapons training, strategic planning, and security

logistics to the military and security forces of Venezuela;

(3) the Cuban military and other security forces in Cuba

have ceased all persecution, intimidation, arrest, imprisonment,

and assassination of dissidents and members of faith-based

organizations;

(4) the Government of Cuba no longer demands that the

United States relinquish control of Guantanamo Bay, in viola-

tion of an international treaty; and

(5) the officials of the Cuban military that were indicted

in the murder of United States citizens during the shootdown

of planes operated by the Brothers to the Rescue humanitarian

organization in 1996 are brought to justice.

(b) E

XCEPTIONS

.—The prohibition in subsection (a) shall not

apply with respect to—

(1) payments in furtherance of the lease agreement, or

other financial transactions necessary for maintenance and

improvements of the military base at Guantanamo Bay, Cuba,

including any adjacent areas under the control or possession

of the United States;

(2) assistance or support in furtherance of democracy-

building efforts for Cuba described in section 109 of the Cuban

Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

(22 U.S.C. 6039);

(3) customary and routine financial transactions necessary

for the maintenance, improvements, or regular duties of the

United States mission in Havana, including outreach to the

pro-democracy opposition; or

(4) any joint or multilateral exercise or operation related

to humanitarian assistance or disaster response.

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services and the Committee

on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee

on Foreign Affairs of the House of Representatives.

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130 STAT. 2546 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1287. GLOBAL ENGAGEMENT CENTER.

(a) E

STABLISHMENT

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of State, in coordina-

tion with the Secretary of Defense and the heads of other

relevant Federal departments and agencies, shall establish

within the Department of State a Global Engagement Center

(in this section referred to as the ‘‘Center’’).

(2) P

URPOSE

.—The purpose of the Center shall be to lead,

synchronize, and coordinate efforts of the Federal Government

to recognize, understand, expose, and counter foreign state

and non-state propaganda and disinformation efforts aimed

at undermining United States national security interests.

(b) F

UNCTIONS

.—The Center shall carry out the following func-

tions:

(1) Integrate interagency and international efforts to track

and evaluate counterfactual narratives abroad that threaten

the national security interests of the United States and United

States allies and partner nations.

(2) Analyze relevant information, data, analysis, and ana-

lytics from United States Government agencies, United States

allies and partner nations, think tanks, academic institutions,

civil society groups, and other nongovernmental organizations.

(3) As needed, support the development and dissemination

of fact-based narratives and analysis to counter propaganda

and disinformation directed at the United States and United

States allies and partner nations.

(4) Identify current and emerging trends in foreign propa-

ganda and disinformation in order to coordinate and shape

the development of tactics, techniques, and procedures to expose

and refute foreign misinformation and disinformation and

proactively promote fact-based narratives and policies to

audiences outside the United States.

(5) Facilitate the use of a wide range of technologies and

techniques by sharing expertise among Federal departments

and agencies, seeking expertise from external sources, and

implementing best practices.

(6) Identify gaps in United States capabilities in areas

relevant to the purpose of the Center and recommend necessary

enhancements or changes.

(7) Identify the countries and populations most susceptible

to propaganda and disinformation based on information pro-

vided by appropriate interagency entities.

(8) Administer the information access fund established

pursuant to subsection (f).

(9) Coordinate with United States allies and partner

nations in order to amplify the Center’s efforts and avoid

duplication.

(10) Maintain, collect, use, and disseminate records (as

such term is defined in section 552a(a)(4) of title 5, United

States Code) for research and data analysis of foreign state

and non-state propaganda and disinformation efforts and

communications related to public diplomacy efforts intended

for foreign audiences. Such research and data analysis shall

be reasonably tailored to meet the purposes of this paragraph

and shall be carried out with due regard for privacy and civil

liberties guidance and oversight.

22 USC 2656

note.

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130 STAT. 2547 PUBLIC LAW 114–328—DEC. 23, 2016

EAD OF

ENTER

.—

(1) A

PPOINTMENT

.—The head of the Center shall be an

individual who is an official of the Federal Government, who

shall be appointed by the President.

(2) C

OMPLIANCE WITH PRIVACY AND CIVIL LIBERTIES LAWS

.—

The President shall designate a senior official to develop guid-

ance for the Center relating to relevant privacy and civil lib-

erties laws and to ensure compliance with such guidance.

(d) E

MPLOYEES OF THE

ENTER

.—

(1) D

ETAILEES

.—Any Federal Government employee may

be detailed to the Center without reimbursement, and such

detail shall be without interruption or loss of civil service

status or privilege for a period of not more than 3 years.

(2) P

ERSONAL SERVICE CONTRACTORS

.—The Secretary of

State may hire United States citizens or aliens as personal

services contractors for purposes of personnel resources of the

Center, if—

(A) the Secretary determines that existing personnel

resources are insufficient;

(B) the period in which services are provided by a

personal services contractor, including options, does not

exceed 3 years, unless the Secretary determines that excep-

tional circumstances justify an extension of up to one addi-

tional year;

are employed as personal services contractors under the

authority of this paragraph at any time; and

(D) the authority of this paragraph is only used to

obtain specialized skills or experience or to respond to

urgent needs.

(e) T

RANSFER OF

MOUNTS

UTHORIZED

.—

(1) I

N GENERAL

.—If amounts authorized to be appropriated

or otherwise made available to carry out the functions of the

Center—

(A) for fiscal year 2017 are less than $80,000,000,

the Secretary of Defense is authorized to transfer, from

amounts authorized to be appropriated by this Act for

the Department of Defense for fiscal year 2017, to the

Secretary of State an amount, not to exceed $60,000,000,

to be available to carry out the functions of the Center

for fiscal year 2017; and

(B) for fiscal year 2018 are less than $80,000,000,

the Secretary of Defense is authorized to transfer, from

amounts authorized to be appropriated by an Act author-

izing funds for the Department of Defense for fiscal year

2018, to the Secretary of State an amount, not to exceed

$60,000,000, to be available to carry out the functions

of the Center for fiscal year 2018.

(2) N

OTICE REQUIREMENT

.—The Secretary of Defense shall

notify the congressional defense committees of a proposed

transfer under paragraph (1) not less than 15 days prior to

making such transfer.

(3) I

NAPPLICABILITY OF REPROGRAMMING REQUIREMENTS

.—

The authority to transfer amounts under paragraph (1) shall

not be subject to any reprogramming requirement under any

other provision of law.

(f) I

NFORMATION

CCESS

UND

.—

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130 STAT. 2548 PUBLIC LAW 114–328—DEC. 23, 2016

(1) A

UTHORITY FOR GRANTS

.—The Center is authorized to

provide grants or contracts of financial support to civil society

groups, media content providers, nongovernmental organiza-

tions, federally funded research and development centers, pri-

vate companies, or academic institutions for the following pur-

poses:

(A) To support local independent media who are best

placed to refute foreign disinformation and manipulation

in their own communities.

(B) To collect and store examples in print, online, and

social media, disinformation, misinformation, and propa-

ganda directed at the United States and its allies and

partners.

procedures of foreign information warfare with respect to

disinformation, misinformation, and propaganda.

(D) To support efforts by the Center to counter efforts

by foreign entities to use disinformation, misinformation,

and propaganda to influence the policies and social and

political stability of the United States and United States

allies and partner nations.

(2) F

UNDING AVAILABILITY AND LIMITATIONS

.—The Sec-

retary of State shall provide that each organization that applies

to receive funds under this subsection is selected in accordance

with the relevant existing regulations to ensure its bona fides,

capability, and experience, and its compatibility with United

States interests and objectives.

(g) R

EPORTS

.—

(1) I

N GENERAL

.—Not later than one year after the date

on which the Center is established, the Secretary of State

shall submit to the appropriate congressional committees a

report evaluating the success of the Center in carrying out

its functions under subsection (b) and outlining steps to improve

any areas of deficiency.

(2) D

EFINITION

.—In this subsection, the term ‘‘appropriate

congressional committees’’ means—

(A) the Committee on Foreign Relations, the Com-

mittee on Armed Services, the Committee on Homeland

Security and Governmental Affairs, and the Committee

on Appropriations of the Senate; and

(B) the Committee on Foreign Affairs, the Committee

on Armed Services, the Committee on Homeland Security,

and the Committee on Appropriations of the House of Rep-

resentatives.

(h) L

IMITATION

.—None of the funds authorized to be appro-

priated or otherwise made available to carry out this section shall

be used for purposes other than countering foreign propaganda

and misinformation that threatens United States national security.

(i) T

ERMINATION

.—The Center shall terminate on the date that

is 8 years after the date of the enactment of this Act.

SEC. 1288. MODIFICATION OF UNITED STATES INTERNATIONAL BROAD-

CASTING ACT OF 1994.

The United States International Broadcasting Act of 1994 (22

U.S.C. 6201 et seq.; Public Law 103–236) is amended—

(1) by amending section 304 (22 U.S.C. 6203) to read as

follows:

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130 STAT. 2549 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘SEC. 304. ESTABLISHMENT OF THE CHIEF EXECUTIVE OFFICER OF

THE BROADCASTING BOARD OF GOVERNORS.

‘‘(a) C

ONTINUED

XISTENCE

ITHIN

XECUTIVE

RANCH

.—The

Broadcasting Board of Governors shall continue to exist within

the Executive branch of Government as an entity described in

section 104 of title 5, United States Code.

‘‘(b) C

HIEF

XECUTIVE

FFICER

.—

‘‘(1) I

N GENERAL

.—The head of the Broadcasting Board

of Governors shall be a Chief Executive Officer, who shall

be appointed by the President, by and with the advice and

consent of the Senate. Notwithstanding any other provision

of law, until such time as a Chief Executive Officer is appointed

and has qualified, the current or acting Chief Executive Officer

appointed by the Board may continue to serve and exercise

the authorities and powers under this Act.

‘‘(2) T

ERM

.—The first Chief Executive Officer appointed

pursuant to paragraph (1) shall serve for an initial term of

three years.

‘‘(3) C

OMPENSATION

.—A Chief Executive Officer appointed

pursuant to paragraph (1) shall be compensated at the annual

rate of basic pay for level III of the Executive Schedule under

section 5314 of title 5, United States Code.

‘‘(c) T

ERMINATION OF

IRECTOR OF

NTERNATIONAL

ROAD

CASTING

UREAU

.—Effective on the date of the enactment of this

section, the position of the Director of the International Broad-

casting Bureau shall be terminated, and all of the responsibilities,

offices, authorities, and immunities of the Director or the Board

under this or any other Act or authority before such date of enact-

ment shall be transferred or available to, assumed by, or overseen

by the Chief Executive Officer, as head of the Board.

‘‘(d) I

MMUNITY

ROM

IVIL

IABILITY

.—Notwithstanding any

other provision of law, all limitations on liability that apply to

the Chief Executive Officer shall also apply to members of the

boards of directors of RFE/RL, Inc., Radio Free Asia, the Middle

East Broadcasting Networks, or any organization that consolidates

such entities when such members are acting in their official capac-

ities.’’;

(2) in section 305 (22 U.S.C. 6204)—

(A) in subsection (a)—

(i) by striking ‘‘Board’’ each place it appears and

inserting ‘‘Chief Executive Officer’’;

(ii) in paragraph (1), by inserting ‘‘direct and’’

before ‘‘supervise’’;

(iii) in paragraph (5)—

(I) by inserting ‘‘and cooperative agreements’’

after ‘‘grants’’; and

(II) by striking ‘‘in accordance with sections

308 and 309’’ and inserting ‘‘in furtherance of the

purposes of this Act and on behalf of other agen-

cies, accordingly’’;

(iv) in paragraph (6)—

(I) by striking ‘‘International Broadcasting

Bureau’’ and inserting ‘‘Board’’; and

(II) by striking ‘‘subject to the limitations in

sections 308 and 309 and’’;

(v) in paragraph (10)—

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130 STAT. 2550 PUBLIC LAW 114–328—DEC. 23, 2016

(I) by inserting ‘‘, rent, or lease’’ after ‘‘pro-

cure’’; and

(II) by striking ‘‘personal property’’ and

inserting ‘‘property for journalism, media, produc-

tion, and broadcasting, and related support serv-

ices, notwithstanding any other provision of law

relating to such acquisition, rental, or lease, and

under the same terms and conditions as authorized

under section 501(b) of the United States Informa-

tion and Educational Exchange Act of 1948 (22

U.S.C. 1461(b)), and for multiyear contracts and

leases for periods of up to 20 years subject to

the requirements of subsections (b) through (f) of

section 3903 of title 41, United States Code’’;

(vi) in paragraph (11)—

(I) by striking ‘‘staff’’;

(II) by striking ‘‘as the Board’’ and inserting

‘‘as the Chief Executive Officer’’; and

(III) by striking ‘‘subject’’ and inserting ‘‘which

shall not be subject’’;

(vii) in paragraph (13)—

(I) by striking ‘‘Bureau’’ and inserting ‘‘Board’’;

and

(II) by striking ‘‘Board has taken’’ and

inserting ‘‘Chief Executive Officer has taken’’;

(viii) in paragraph (14)—

(I) by inserting ‘‘transmission or’’ before

‘‘relay’’; and

(II) by inserting ‘‘or any other grantee author-

ized under this Act’’ after ‘‘Radio Free Asia’’;

(ix) in paragraph (15)(A), by striking—

(I) ‘‘temporary and intermittent’’; and

(II) ‘‘to the same extent as is authorized by

section 3109 of title 5, United States Code,’’;

(x) in paragraph (16), by striking ‘‘Board deter-

mines’’ and inserting ‘‘Chief Executive Officer deter-

mines’’;

(xi) in paragraph (18), by striking ‘‘the Bureau’’

and inserting ‘‘the Chief Executive Officer’’; and

(xii) by adding at the end the following new para-

graphs:

‘‘(20) Notwithstanding any other provision of law, including

section 308(a), to condition, if appropriate, any grant or coopera-

tive agreement to RFE/RL, Inc., Radio Free Asia, or the Middle

East Broadcasting Networks, or any organization that is estab-

lished through the consolidation of such entities, on authority

to determine membership of their respective boards, and the

consolidation of such grantee entities into a single grantee

organization under terms and conditions established by the

Board.

‘‘(21) To redirect or reprogram funds within the scope of

any grant or cooperative agreement, or between grantees, as

necessary (and not later than 15 days before any such redirec-

tion of funds between language services, to notify the Com-

mittee on Appropriations and the Committee on Foreign Affairs

of the House of Representatives and the Committee on Appro-

priations and the Committee on Foreign Relations of the Senate

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130 STAT. 2551 PUBLIC LAW 114–328—DEC. 23, 2016

regarding such redirection), and to condition grants or coopera-

tive agreements, if appropriate, on such grants or cooperative

agreements or any similar amendments as authorized under

section 308(a), including authority to name and replace the

board of any grantee authorized under this Act, including with

Federal officials, to meet the purposes of this Act.

‘‘(22) To change the name of the Board pursuant to congres-

sional notification 60 days prior to any such change.’’;

(B) by striking subsections (b) and (c); and

and

(D) in subsection (b) (as so redesignated)—

(i) by striking ‘‘and the Board’’ and inserting ‘‘and

the Chief Executive Officer’’; and

(ii) by striking ‘‘International Broadcasting

Bureau’’ and inserting ‘‘Board’’;

(3) by amending section 306 (22 U.S.C. 6205) to read as

follows:

‘‘SEC. 306. ESTABLISHMENT OF THE INTERNATIONAL BROADCASTING

ADVISORY BOARD.

‘‘(a) I

ENERAL

.—Except as provided in subsection (b)(2), the

International Broadcasting Advisory Board (referred to in this sec-

tion as the ‘Advisory Board’) shall consist of five members, including

the Secretary of State, appointed by the President and in accordance

with subsection (d), to advise the Chief Executive Officer of the

Broadcasting Board of Governors, as appropriate.

‘‘(b) R

ETENTION OF

XISTING

BBG B

OARD

EMBERS

.—

‘‘(1) I

N GENERAL

.—The presidentially appointed and Senate-

confirmed members of the Board of the Broadcasting Board

of Governors who are serving on unexpired terms as of the

date of the enactment of this section shall—

‘‘(A) constitute the first Advisory Board; and

‘‘(B) hold office for the remainder of their original terms

of office without reappointment to the Advisory Board.

‘‘(2) E

FFECT OF ADDITIONAL MEMBERS

.—If, on the date of

the enactment of this section, more than five members described

in subsection (a) are serving their original terms of office on

the Broadcasting Board of Governors, each such member may

serve on the Advisory Board for a period equal to the time

remaining on each such member’s respective term without

reappointment.

‘‘(c) T

ERMS OF

FFICE

.—

‘‘(1) I

N GENERAL

.—Except as provided in paragraph (2),

the term of office of each member of the Advisory Board

appointed pursuant to subsection (a) shall be three years.

‘‘(2) V

ACANCIES

.—If a vacancy on the Advisory Board occurs

before the expiration of the term of the member who created

such vacancy—

‘‘(A) the President shall appoint a new member to

fill such vacancy in accordance with subsection (d); and

‘‘(B) the member appointed pursuant to such subsection

shall serve for the remainder of such term.

‘‘(3) S

ERVICE BEYOND TERM PROHIBITED

.—Members may not

serve beyond the term for which they were appointed.

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130 STAT. 2552 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(d) S

ELECTION OF THE

OARD

.—In identifying individuals for

appointment to the Advisory Board under subsection (a), the Presi-

dent shall appoint United States citizens—

‘‘(1) who, with the exception of the Secretary of State,

are not regular, full-time employees of the United States

Government; and

‘‘(2) distinguished in the fields of public diplomacy, mass

communications, print, broadcast or digital media, or foreign

affairs, of whom—

‘‘(A) one individual should be appointed from among

a list of at least three individuals submitted by the Chair

of the Committee on Foreign Affairs of the House of Rep-

resentatives;

‘‘(B) one individual should be appointed from among

a list of at least three individuals submitted by the Ranking

Member of the Committee on Foreign Affairs of the House

of Representatives;

‘‘(C) one individual should be appointed from among

a list of at least three individuals submitted by the Chair

of the Committee on Foreign Relations of the Senate; and

‘‘(D) one individual should be appointed from among

a list of at least three individuals submitted by the Ranking

Member of the Committee on Foreign Relations of the

Senate.

‘‘(e) F

UNCTIONS OF THE

OARD

.—The members of the Advisory

Board shall perform the following advisory functions:

‘‘(1) To provide the Chief Executive Officer of the Broad-

casting Board of Governors with counsel and recommendations

for improving the effectiveness and efficiency of the agency

and its programming.

‘‘(2) To meet with the Chief Executive Officer at least

twice annually and at additional meetings at the request of

the Chief Executive Officer.

‘‘(3) To report periodically or upon request to the congres-

sional committees specified in subsection (d)(2) regarding its

counsel and recommendations for improving the effectiveness

and efficiency of the Broadcasting Board of Governors and

its programming.

‘‘(4) To obtain information from the Chief Executive Officer,

as needed, for the purposes of fulfilling the functions described

in this subsection.

‘‘(f) C

OMPENSATION

.—Members of the Advisory Board, including

the Secretary of State, may not receive any fee, salary, or remunera-

tion of any kind for their service as members.’’;

(4) by striking section 307 (22 U.S.C. 6206);

(5) in section 308 (22 U.S.C. 6207)—

(A) in subsection (a)(1), by striking ‘‘of the Broadcasting

Board of Governors established under section 304 and no

other members’’ and inserting ‘‘authorized under section

305(a)(20)’’;

(B) by amending subsection (d) to read as follows:

‘‘(d) A

LTERNATIVE

RANTEE

.—If the Chief Executive Officer

determines at any time that RFE/RL, Incorporated is not carrying

out the functions described in this section in an effective and

economical manner, the Board may award the grant to carry out

such functions to another entity.’’; and

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130 STAT. 2553 PUBLIC LAW 114–328—DEC. 23, 2016

(i) by striking ‘‘International Broadcasting Bureau’’

and inserting ‘‘any other grantee of the Board’’; and

(ii) by striking ‘‘by the Board’’ and inserting ‘‘by

the Chief Executive Officer’’; and

(D) in subsection (i), by striking ‘‘

(1)

Effective’’ and

inserting ‘‘Effective’’;

(6) in section 309 (22 U.S.C. 6208)—

(A) in subsection (f)(2), by striking ‘‘Chairman of the

Board’’ and inserting ‘‘Chief Executive Officer of the Board’’;

(B) by redesignating subsection (g) as subsection (h);

and

subsection:

‘‘(g) A

LTERNATIVE

RANTEE

.—If the Chief Executive Officer

determines at any time that Radio Free Asia is not carrying out

the functions described in this section in an effective and economical

manner, the Board may award the grant to carry out such functions

to another entity.’’;

(7) by inserting after section 309 (22 U.S.C. 6208) the

following new sections:

‘‘SEC. 310. BROADCAST ENTITIES REPORTING TO CHIEF EXECUTIVE

OFFICER.

‘‘(a) C

ONSOLIDATION OF

RANTEE

RGANIZATIONS

.—

‘‘(1) I

N GENERAL

.—The Chief Executive Officer, subject to

the regular notification procedures of the Committee on Appro-

priations and the Committee on Foreign Affairs of the House

of Representatives and the Committee on Appropriations and

the Committee on Foreign Relations of the Senate, who is

authorized to incorporate a grantee, may condition annual

grants to RFE/RL, Inc., Radio Free Asia, and the Middle East

Broadcasting Networks on the consolidation of such grantees

into a single, consolidated private, non-profit corporation (in

accordance with section 501(c)(3) of the Internal Revenue Code

and exempt from tax under section 501(a) of such Code), in

such a manner and under such terms and conditions as deter-

mined by the Chief Executive Officer, which may broadcast

and provide news and information to audiences wherever the

agency may broadcast, for activities that the Chief Executive

Officer determines are consistent with the purposes of this

Act, including the terms and conditions of subsections (g)(5),

(h), (i), and (j) of section 308, except that the Agency may

select any name for such a consolidated grantee.

‘‘(2) S

PECIAL RULE

.—No State or political subdivision of

a State may establish, enforce, or continue in effect any provi-

sion of law or legal requirement that is different from, or

is in conflict with, any requirement or authority applicable

under this Act relating to the consolidation, incorporation,

structure, or dissolution of any grantee under this Act.

‘‘(b) M

ISSION

.—The consolidated grantee established under sub-

section (a) shall—

‘‘(1) counter state-sponsored propaganda which undermines

the national security or foreign policy interests of the United

States and its allies;

‘‘(2) provide uncensored local and regional news and anal-

ysis to people in societies where a robust, indigenous, inde-

pendent, and free media does not exist;

22 USC 6209.

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130 STAT. 2554 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(3) help countries improve their indigenous capacity to

enhance media professionalism and independence, and develop

partnerships with local media outlets, as appropriate; and

‘‘(4) promote unrestricted access to uncensored sources of

information, especially via the internet, and use all effective

and efficient mediums of communication to reach target

audiences.

‘‘(c) F

EDERAL

TATUS

.—Nothing in this or any other Act, or

any action taken pursuant to this or any other Act, may be con-

strued to make such a consolidated grantee described in subsection

(a) or RFE/RL, Inc., Radio Free Asia, or the Middle East Broad-

casting Networks or any other grantee or entity provided funding

by the agency a Federal agency or instrumentality. Employees

or staff of such grantees or entities may not be Federal employees.

For purposes of this section and this Act, the term ‘grant’ includes

agreements under section 6305 of title 31, United States Code,

and the term ‘grantee’ includes recipients of such agreements.

‘‘(d) L

EADERSHIP OF

RANTEE

RGANIZATIONS

.—Officers and

directors of RFE/RL Inc., Radio Free Asia, and the Middle East

Broadcasting Networks or any organization that is established

through the consolidation of such entities, or authorized under

this Act, shall serve at the pleasure of and may be named by

the Chief Executive Officer of the Board.

‘‘(e) M

AINTENANCE OF THE

XISTING

NDIVIDUAL

RANTEE

RANDS

.—RFE/RL, Incorporated, Radio Free Asia, and the Middle

East Broadcasting Networks, Incorporated should remain brand

names under which news and related programming and content

may be disseminated by the consolidated grantee. Additional brands

may be created as necessary.

‘‘SEC. 310A. INSPECTOR GENERAL AUTHORITIES.

‘‘(a) I

ENERAL

.—The Inspector General of the Department

of State and the Foreign Service shall exercise the same authorities

with respect to the Broadcasting Board of Governors as the

Inspector General exercises under the Inspector General Act of

1978 and section 209 of the Foreign Service Act of 1980 (22 U.S.C.

3929) with respect to the Department of State.

‘‘(b) R

ESPECT FOR

OURNALISTIC

NTEGRITY OF

ROADCASTERS

.—

The Inspector General of the Department of State and the Foreign

Service shall respect the journalistic integrity of all the broadcasters

covered by this Act and may not evaluate the philosophical or

political perspectives reflected in the content of broadcasts.

‘‘SEC. 310B. ROLE OF THE SECRETARY OF STATE IN FOREIGN POLICY

GUIDANCE.

‘‘To assist the Board in carrying out its functions, the Chief

Executive Officer shall regularly consult with and seek from the

Secretary of State guidance on foreign policy issues.’’; and

(8) in section 314 (22 U.S.C. 6213)—

(A) by redesignating paragraphs (2) and (3) as para-

graphs (3) and (4), respectively; and

(B) by inserting after paragraph (1) the following new

paragraph:

‘‘(4) the terms ‘Board’ and ‘Chief Executive Officer of the

Board’ mean the Broadcasting Board of Governors and the

position, respectively, authorized in accordance with this Act;’’.

22 USC 6209b.

22 USC 6209a.

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130 STAT. 2555 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1289. REDESIGNATION OF SOUTH CHINA SEA INITIATIVE.

(a) R

EDESIGNATION AS

OUTHEAST

SIA

ARITIME

ECURITY

NITIATIVE

.—Subsection (a)(2) of section 1263 of the National

Defense Authorization Act for Fiscal Year 2016 (Public Law 114–

92; 129 Stat. 1073; 10 U.S.C. 2282 note) is amended by striking

‘‘the ‘South China Sea Initiative’ ’’ and inserting ‘‘the ‘Southeast

Asia Maritime Security Initiative’ ’’.

(b) C

ONFORMING

MENDMENT

.—The heading of such section

is amended to read as follows:

‘‘SEC. 1263. SOUTHEAST ASIA MARITIME SECURITY INITIATIVE.’’.

SEC. 1290. MEASURES AGAINST PERSONS INVOLVED IN ACTIVITIES

THAT VIOLATE ARMS CONTROL TREATIES OR AGREE-

MENTS WITH THE UNITED STATES.

(a) R

EPORTS ON

ERSONS

HAT

IOLATE

REATIES OR

GREE

MENTS

.—

(1) I

N GENERAL

.—Not later than 30 days after the submittal

to Congress of an annual report on the status of United States

policy and actions with respect to arms control, nonprolifera-

tion, and disarmament pursuant to section 403 of the Arms

Control and Disarmament Act (22 U.S.C. 2593a), the Secretary

of the Treasury shall submit to the appropriate congressional

committees a report, consistent with the protection of intel-

ligence sources and methods, identifying every person with

respect to whom there is credible information indicating that—

(A) the person—

(i)(I) is an individual who is a citizen, national,

or permanent resident of a country described in para-

graph (2); or

(II) is an entity organized under the laws of a

country described in paragraph (2); and

(ii) has engaged in any activity that contributed

to or is a significant factor in the President’s or the

Secretary of State’s determination that such country

is not in full compliance with its obligations as further

described in paragraph (2); or

(B) the person has provided material support for such

non-compliance to a person described in subparagraph (A).

(2) C

OUNTRY DESCRIBED

.—A country described in this para-

graph is a country (other than a country described in paragraph

(3)) that the President or the Secretary of State has determined,

in the most recent annual report described in paragraph (1),

to be not in full compliance with its obligations undertaken

in all arms control, nonproliferation, and disarmament agree-

ments or commitments to which the United States is a partici-

pating state.

(3) E

XCLUDED COUNTRIES

.—The following countries are not

described for purposes of paragraph (2):

(A) The United States.

(B) Any country determined by the Director of National

Intelligence to be closely cooperating in intelligence matters

with the United States in the period covered by the most

recent annual report described in paragraph (1), regardless

of the extent of the compliance of such country with the

obligations described in paragraph (2) during such period.

(b) I

MPOSITION OF

EASURES

.—Except as provided in sub-

sections (d), (e), and (f), the President shall impose the measures

22 USC 2593e.

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130 STAT. 2556 PUBLIC LAW 114–328—DEC. 23, 2016

described in subsection (c) with respect to each person identified

in a report under subsection (a).

EASURES

ESCRIBED

.—

(1) I

N GENERAL

.—The measures to be imposed with respect

to a person under subsection (b) are the head of any executive

agency (as defined in section 133 of title 41, United States

Code) may not enter into, renew, or extend a contract for

the procurement of goods or services with the person.

(2) E

XCEPTION FOR MAJOR ROUTES OF SUPPLY

.—The require-

ment to impose measures under paragraph (1) shall not apply

with respect to any contract for the procurement of goods

or services along a major route of supply to a zone of active

combat or major contingency operation.

(3) R

EQUIREMENT TO REVISE REGULATIONS

.—

(A) I

N GENERAL

.—Not later than 90 days after the

date of the enactment of this Act, the Federal Acquisition

Regulation, the Defense Federal Acquisition Regulation

Supplement, and the Uniform Administrative Require-

ments, Cost Principles, and Audit Requirements for Federal

Awards shall be revised to implement paragraph (1).

(B) C

ERTIFICATIONS

.—The revisions to the Federal

Acquisition Regulation under subparagraph (A) shall

include a requirement for a certification from each person

that is a prospective contractor that the person, and any

person owned or controlled by the person, does not engage

in any activity described in subsection (a)(1)(A)(ii).

EMEDIES

.—If the head of an executive agency

determines that a person has submitted a false certification

under subparagraph (B) on or after the date on which

the applicable revision of the Federal Acquisition Regula-

tion required by this paragraph becomes effective—

(i) the head of that executive agency shall termi-

nate a contract with such person or debar or suspend

such person from eligibility for Federal contracts for

a period of not less than 2 years;

(ii) any such debarment or suspension shall be

subject to the procedures that apply to debarment and

suspension under the Federal Acquisition Regulation

under subpart 9.4 of part 9 of title 48, Code of Federal

Regulations; and

(iii) the Administrator of General Services shall

include on the List of Parties Excluded from Federal

Procurement and Nonprocurement Programs main-

tained by the Administrator under part 9 of the Federal

Acquisition Regulation each person that is debarred,

suspended, or proposed for debarment or suspension

by the head of an executive agency on the basis of

a determination of a false certification under subpara-

graph (B).

(d) W

AIVER FOR

ACK OF

NOWING

IOLATION

.—

(1) I

N GENERAL

.—The President may waive the application

of measures on a case-by-case basis under subsection (b) with

respect to a person if the President—

(A) determines that—

(i)(I) in the case of a person described in subsection

(a)(1)(A), the person did not knowingly engage in any

activity described in such subsection;

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130 STAT. 2557 PUBLIC LAW 114–328—DEC. 23, 2016

(II) in the case of a person described in subsection

(a)(1)(B), the person conducted or facilitated a trans-

action or transactions with, or provided financial serv-

ices to, a person described in subsection (a)(1)(A) that

did not knowingly engage in any activity described

in such subsection; and

(III) in the case of a person described in subsection

(a)(1)(A) or (a)(1)(B), the person has terminated the

activity for which otherwise covered by such subsection

or has provided verifiable assurances that the person

will terminate such activity; and

(ii) the waiver is in the national security interest

of the United States; and

(B) submits to the appropriate congressional commit-

tees a report on the determination and the reasons for

the determination.

(2) F

ORM OF REPORT

.—The report required by paragraph

(1)(B) shall be submitted in unclassified form, but may include

a classified annex.

(e) W

AIVER

REVENT

ISCLOSURE OF

NTELLIGENCE

OURCES

AND

ETHODS

.—The President may waive the application of meas-

ures on a case-by-case basis under subsection (b) with respect

to a person if the President—

(1) determines that the waiver is necessary to prevent

the disclosure of intelligence sources or methods; and

(2) submits to the appropriate congressional committees

a report, consistent with the protection of intelligence sources

and methods, on the determination and the reasons for the

determination.

(f) T

IMING OF

MPOSITION

.—

(1) I

N GENERAL

.—Except as provided in paragraph (2), the

President shall immediately impose measures under subsection

(b) against a person described in subsection (a)(1) upon the

submittal to Congress of the report identifying the person

pursuant to subsection (a)(1) unless the President determines

and certifies to the appropriate congressional committees that

the government of the country concerned has taken specific

and effective actions, including, as appropriate, the imposition

of appropriate penalties, to terminate the involvement of the

person in the activities that resulted in the identification of

the person in the report.

(2) D

ELAY

.—

(A) I

N GENERAL

.—The President may delay the imposi-

tion of measures against a person for up to 120 days

after the date of the submittal to Congress of the report

identifying the person pursuant to subsection (a)(1) if the

President initiates consultations with the government con-

cerned with respect to the taking of actions described in

paragraph (1).

(B) A

DDITIONAL DELAY

.—The President may delay the

imposition of measures for up to an additional 120 days

after the delay authorized by subparagraph (A) if the Presi-

dent determines and certifies to the appropriate congres-

sional committees that the government concerned is in

the process of taking the actions described in paragraph

(1).

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130 STAT. 2558 PUBLIC LAW 114–328—DEC. 23, 2016

(3) R

EPORT

.—Not later than 60 days after the submittal

to Congress of the report identifying a person pursuant to

subsection (a)(1), the President shall submit to the appropriate

congressional committees a report on the status of consulta-

tions, if any, with the government concerned under this sub-

section, and the basis for any determination under paragraph

(1).

(g) T

ERMINATION

.—

(1) T

ERMINATION THROUGH COMPLIANCE OF COUNTRY WITH

ARMS CONTROL AND OTHER AGREEMENTS

.—The measures

imposed with respect to a person under subsection (b) shall

terminate on the date on which the President submits to Con-

gress a subsequent annual report pursuant to section 403 of

the Arms Control and Disarmament Act that does not contain

a determination of the President that the country described

in subsection (a)(2) with respect to which the measures were

imposed with respect to the person is a country that is not

in full compliance with its obligations undertaken in all arms

control, nonproliferation, and disarmament agreements or

commitments to which the United States is a participating

state.

(2) T

ERMINATION THROUGH CESSATION BY PERSON OF VIO

LATING ACTIVITIES

.—In addition to termination provided for

by paragraph (1), the measures imposed with respect to a

person under subsection (b) in connection with a particular

activity shall terminate upon a determination of the President

that the person has ceased such activity. The termination of

measures imposed with respect to a person in connection with

a particular activity pursuant to this paragraph shall not result

in the termination of any measures imposed with respect to

the person in connection with any other activity for which

measures were imposed under subsection (b).

(h) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services, the Committee on

Foreign Affairs, and the Permanent Select Committee on Intel-

ligence of the House of Representatives; and

(2) the Committee on Armed Services, the Committee on

Foreign Relations, and the Select Committee on Intelligence

of the Senate.

SEC. 1291. AGREEMENTS WITH FOREIGN GOVERNMENTS TO DEVELOP

LAND-BASED WATER RESOURCES IN SUPPORT OF AND

IN PREPARATION FOR CONTINGENCY OPERATIONS.

(a) A

GREEMENTS

UTHORIZED

.—The Secretary of Defense, with

the concurrence of the Secretary of State, is authorized to enter

into agreements with the governments of foreign countries to

develop land-based water resources in support of and in preparation

for contingency operations, including water selection, pumping,

purification, storage, distribution, cooling, consumption, water

reuse, water source intelligence, research and development,

training, acquisition of water support equipment, and water support

operations.

(b) N

OTIFICATION

EQUIRED

.—Not later than 30 days after

entering into an agreement under subsection (a), the Secretary

of Defense shall notify the appropriate congressional committees

10 USC 2333

note.

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130 STAT. 2559 PUBLIC LAW 114–328—DEC. 23, 2016

of the existence of the agreement and provide a summary of the

terms of the agreement.

EFINITION

.—In this section, the term ‘‘appropriate congres-

sional committees’’ means—

(1) the Committee on Armed Services and the Committee

on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee

on Foreign Affairs of the House of Representatives.

SEC. 1292. ENHANCING DEFENSE AND SECURITY COOPERATION WITH

INDIA.

(a) A

CTIONS

.—

(1) I

N GENERAL

.—The Secretary of Defense and Secretary

of State should jointly take such actions as may be necessary

to—

(A) recognize India’s status as a major defense partner

of the United States;

(B) designate an individual within the executive branch

who has experience in defense acquisition and technology—

(i) to reinforce and ensure, through interagency

policy coordination, the success of the Framework for

the United States-India Defense Relationship; and

(ii) to help resolve remaining issues impeding

United States-India defense trade, security coopera-

tion, and co-production and co-development opportuni-

ties;

technology, consistent with United States conventional

arms transfer policy, to support combined military planning

with India’s military for missions such as humanitarian

assistance and disaster relief, counter piracy, freedom of

navigation, and maritime domain awareness missions, and

to promote weapons systems interoperability;

(D) strengthen the effectiveness of the U.S.-India

Defense Trade and Technology Initiative and the durability

of the Department of Defense’s ‘‘India Rapid Reaction Cell’’;

(E) collaborate with the Government of India to develop

mutually agreeable mechanisms to verify the security of

defense articles, defense services, and related technology,

such as appropriate cyber security and end use monitoring

arrangements, consistent with United States export control

laws and policy;

(F) promote policies that will encourage the efficient

review and authorization of defense sales and exports to

India;

(G) encourage greater government-to-government and

commercial military transactions between the United

States and India;

(H) support the development and alignment of India’s

export control and procurement regimes with those of the

United States and multilateral control regimes; and

(I) continue to enhance defense and security coopera-

tion with India in order to advance United States interests

in the South Asia and greater Indo-Asia-Pacific regions.

(2) R

EPORT

.—Not later than 180 days after the date of

the enactment of this Act, and annually thereafter, the Sec-

retary of Defense and Secretary of State shall jointly submit

22 USC 2751

note.

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130 STAT. 2560 PUBLIC LAW 114–328—DEC. 23, 2016

to the congressional defense committees and the Committee

on Foreign Relations of the Senate and the Committee on

Foreign Affairs of the House of Representatives a report on

how the United States is supporting its defense relationship

with India in relation to the actions described in paragraph

(1).

(b) B

ILATERAL

OORDINATION

.—To enhance cooperation and

encourage military-to-military engagement between the United

States and India, the Secretary of Defense should take appropriate

actions to ensure that exchanges between senior military officers

and senior civilian defense officials of the United States Government

and the Government of India—

(1) are at a level appropriate to enhance engagement

between the militaries of the two countries for threat analysis,

military doctrine, force planning, mutual security interests,

logistical support, intelligence, tactics, techniques and proce-

dures, humanitarian assistance, and disaster relief;

(2) include exchanges of general and flag officers between

the two countries;

(3) enhance cooperative military operations, including mari-

time security, counter-piracy, counter-terror cooperation, and

domain awareness, in the Indo-Asia-Pacific region;

(4) accelerate the development of combined military plan-

ning for missions such as those identified in subsection (a)(1)(C)

or in paragraph (1) of this subsection, or other missions in

the national security interests of both countries; and

(5) solicit and recognize actions and efforts by India that

would allow the United States to treat India as a major defense

partner.

SSESSMENT

EQUIRED

.—

(1) I

N GENERAL

.—The Secretary of Defense and Secretary

of State shall jointly, on an ongoing basis, conduct an assess-

ment of the extent to which India possesses capabilities to

support and carry out military operations of mutual interest

to the United States and India, including an assessment of

the defense export control regulations and policies that need

appropriate modification, in recognition of India’s capabilities

and its status as a major defense partner.

(2) U

SE OF ASSESSMENT

.—The President shall ensure that

the assessment described in paragraph (1) is used, consistent

with United States conventional arms transfer policy, to inform

the review by the United States of requests to export defense

articles, defense services, or related technology to India under

the Arms Export Control Act (22 U.S.C. 2751 et seq.), and

to inform any regulatory and policy adjustments that may

be appropriate.

SEC. 1293. COORDINATION OF EFFORTS TO DEVELOP FREE TRADE

AGREEMENTS WITH SUB-SAHARAN AFRICAN COUNTRIES.

(a) C

OORDINATION

ETWEEN THE

NITED

TATES

RADE

RESENTATIVE AND

THER

GENCIES

.—The United States Trade Rep-

resentative shall consult and coordinate with other relevant Federal

agencies to assist countries identified under paragraph (1) of section

110(b) of the Trade Preferences Extension Act of 2015 (Public

Law 114–27; 129 Stat. 370; 19 U.S.C. 3705 note) in the most

recent report required by that section, including through the deploy-

ment of resources from those agencies to such countries and through

19 USC 3723

note.

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130 STAT. 2561 PUBLIC LAW 114–328—DEC. 23, 2016

trade capacity building, in addressing the plan developed under

paragraph (3) of that section.

(b) C

OORDINATION OF

USAID W

ITH

REE

RADE

GREEMENT

OLICY

.—

(1) A

UTHORIZATION OF FUNDS

.—Funds made available to

the United States Agency for International Development under

section 496 of the Foreign Assistance Act of 1961 (22 U.S.C.

2293) after the date of the enactment of this Act may be

used, in consultation with the United States Trade Representa-

tive—

(A) to assist eligible countries, including by deploying

resources to such countries, in addressing the plan devel-

oped under section 116(b) of the African Growth and Oppor-

tunity Act (19 U.S.C. 3723(b)); and

(B) to assist eligible countries in the implementation

of the commitments of those countries under agreements

with the United States and under the WTO Agreement

(as defined in section 2(9) of the Uruguay Round Agree-

ments Act (19 U.S.C. 3501(9))) and agreements annexed

to the WTO Agreement.

(2) D

EFINITIONS

.—In this subsection:

(A) E

LIGIBLE COUNTRY

.—The term ‘‘eligible country’’

means a sub-Saharan African country that receives—

(i) benefits under the African Growth and Oppor-

tunity Act (19 U.S.C. 3701 et seq.); and

(ii) funding from the United States Agency for

International Development.

(B) S

SAHARAN AFRICAN COUNTRY

.—The term ‘‘sub-

Saharan African country’’ has the meaning given that term

in section 107 of the African Growth and Opportunity

Act (19 U.S.C. 3706).

SEC. 1294. EXTENSION AND EXPANSION OF AUTHORITY TO SUPPORT

BORDER SECURITY OPERATIONS OF CERTAIN FOREIGN

COUNTRIES.

(a) E

XPANSION OF

UTHORITY

.—Section 1226 of the National

Defense Authorization Act for Fiscal Year 2016 (Public Law 114–

92; 129 Stat. 1056; 22 U.S.C. 2551 note) is amended—

(1) in subsection (a)(1)—

(A) by striking ‘‘the Government of Jordan and the

Government of Lebanon’’ and inserting ‘‘the Government

of Egypt, the Government of Jordan, the Government of

Lebanon, and the Government of Tunisia’’;

(B) by striking ‘‘efforts of the armed forces’’ and

inserting ‘‘efforts as follows:

‘‘(A) Efforts of the armed forces’’; and

graph:

‘‘(B) Efforts of the armed forces of Egypt and the armed

forces of Tunisia to increase security and sustain increased

security along the border of Egypt and the border of Tunisia

with Libya, as applicable.’’; and

(2) in subsection (c)(4), by striking ‘‘along the border’’ and

all that follows and inserting ‘‘along the border of the country

as specified in subsection (a)(1).’’.

(b) F

UNDS

VAILABLE FOR

UPPORT

.—Subsection (b) of such

section is amended—

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130 STAT. 2562 PUBLIC LAW 114–328—DEC. 23, 2016

(1) in paragraphs (1) and (2), by striking ‘‘Amounts’’ and

inserting ‘‘In fiscal year 2016, amounts’’; and

(2) by adding at the end the following new paragraph:

‘‘(3) In any fiscal year after fiscal year 2016, amounts

authorized to be appropriated for such fiscal year and available

for Operation and Maintenance, Defense-Wide, and the Counter

Islamic State of Iraq and the Levant Fund for such fiscal

year.’’.

XTENSION

.—Subsection (f) of such section is amended by

striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’.

(d) C

ONFORMING

MENDMENT

.—The heading of such section

is amended to read as follows:

‘‘SEC. 1226. SUPPORT TO CERTAIN GOVERNMENTS FOR BORDER SECU-

RITY OPERATIONS.’’.

SEC. 1295. MODIFICATION AND CLARIFICATION OF UNITED STATES-

ISRAEL ANTI-TUNNEL COOPERATION AUTHORITY.

(a) A

MOUNT OF

UPPORT

ROVIDABLE BY THE

NITED

TATES

.—

Paragraph (4) of section 1279(b) of the National Defense Authoriza-

tion Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1079;

22 U.S.C. 8606 note) is amended by striking ‘‘$25,000,000’’ and

inserting ‘‘$50,000,000’’.

(b) S

COPE OF

EQUIREMENT FOR

ATCHING

ONTRIBUTION BY

SRAEL

.—Paragraph (3) of such section is amended by inserting

before the period at the end the following: ‘‘in the calendar year

in which the support is provided’’.

SE OF

ERTAIN

MOUNT FOR

RDT&E A

CTIVITIES IN THE

NITED

TATES

.—Of the amount contributed by the United States

for activities under section 1279 of the National Defense Authoriza-

tion Act for Fiscal Year 2016, not less than 50 percent of such

amount shall be used in fiscal year 2017 for research, development,

test, and evaluation activities for purposes of such section in the

United States.

SEC. 1296. MAINTENANCE OF PROHIBITION ON PROCUREMENT BY

DEPARTMENT OF DEFENSE OF PEOPLE’S REPUBLIC OF

CHINA-ORIGIN ITEMS THAT MEET THE DEFINITION OF

GOODS AND SERVICES CONTROLLED AS MUNITIONS

ITEMS WHEN MOVED TO THE ‘‘600 SERIES’’ OF THE COM-

MERCE CONTROL LIST.

(a) I

ENERAL

.—Section 1211 of the National Defense

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10

U.S.C. 2302 note) is amended—

(1) in subsection (b), by inserting ‘‘or in the 600 series

of the control list of the Export Administration Regulations’’

after ‘‘in Arms Regulations’’; and

(2) in subsection (e), by adding at the end the following

new paragraph:

‘‘(3) The term ‘600 series of the control list of the Export

Administration Regulations’ means the 600 series of the Com-

merce Control List contained in Supplement No. 1 to part

774 of subtitle B of title 15 of the Code of Federal Regulations.’’.

(b) T

ECHNICAL

ORRECTIONS TO

ITAR R

EFERENCES

.—Such sec-

tion is further amended by striking ‘‘Trafficking’’ both places it

appears and inserting ‘‘Traffic’’.

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130 STAT. 2563 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1297. INTERNATIONAL SALES PROCESS IMPROVEMENTS.

(a) P

LAN

EQUIRED

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall develop

a plan to improve the management and use of fees collected on

transfer of defense articles and services via sale, lease, or grant

to international customers under programs over which the Defense

Security Cooperation Agency has administration responsibilities.

The plan shall include options to use fees more effectively—

(1) to improve the staffing and processes of the licensing

review cycle at the Defense Technology Security Administration

and other reviewing authorities; and

(2) to maintain a cadre of contracting officers and acquisi-

tion officials who specialize in foreign military sales contracting.

(b) P

ROCESS FOR

ATHERING

NPUT

.—The Secretary of Defense

shall establish a process for contractors to provide input, feedback,

and adjudication of any differences regarding the appropriateness

of governmental pricing and availability estimates prior to the

delivery to potential foreign customers of formal responses to Letters

of Request for Pricing and Availability.

SEC. 1298. EFFORTS TO END MODERN SLAVERY.

(a) A

CTIONS BY THE

ECRETARY OF

EFENSE

.—

(1) I

N GENERAL

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of Defense shall

provide to the appropriate congressional committees a briefing

on the policies and guidance of the Department of Defense

with respect to the education and training on human slavery

and the appropriate role of the United States Armed Forces

in combatting trafficking in persons that is received by per-

sonnel of the Armed Forces, including uniformed personnel

and civilians engaged in partnership with foreign nations.

(2) E

LEMENTS

.—The briefing required under paragraph (1)

shall address—

(A) resources available for Armed Forces personnel

who become aware of instances of human slavery or traf-

ficking in persons while deployed overseas; and

(B) guidance on the requirement to make official

reports through the chain of command, the roles and

responsibilities of military and civilian officials of the

United States Armed Forces and host nations, cir-

cumstances in which members of the Armed Forces are

authorized to take immediate action to prevent loss of

life or serious injury, and the authority to use appropriate

force to stop or prevent sexual abuse or exploitation of

children.

(b) G

RANT

UTHORIZATION

.—The Secretary of State is author-

ized to make a grant or grants of funding to provide support

for transformational programs and projects that seek to achieve

a measurable and substantial reduction of the prevalence of modern

slavery in targeted populations within partner countries (or jurisdic-

tions thereof).

ONITORING AND

VALUATION

.—Any grantee shall—

(1) develop specific and detailed criteria for the monitoring

and evaluation of supported projects;

(2) implement a system for measuring progress against

baseline data that is rigorously designed based on international

corporate and nongovernmental best practices;

22 USC 7114

note.

22 USC 2761

note.

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130 STAT. 2564 PUBLIC LAW 114–328—DEC. 23, 2016

(3) ensure that each supported project is regularly and

rigorously monitored and evaluated, on a not less than biennial

basis, by an independent monitoring and evaluation entity,

against the specific and detailed criteria established pursuant

to paragraph (1), and that the progress of the project towards

its stated goals is measured by such entity against baseline

data;

(4) support the development of a scientifically sound, rep-

resentative survey methodology for measuring prevalence with

reference to existing research and experience, and apply the

methodology consistently to determine the baseline prevalence

in target populations and outcomes in order to periodically

assess progress in reducing prevalence; and

(5) establish, and revise on a not less than annual basis,

specific and detailed criteria for the suspension and termi-

nation, as appropriate, of projects supported by the grantee

that regularly or consistently fail to meet the criteria required

by this section.

(d) A

UDITING

.—

(1) I

N GENERAL

.—Any grantee shall be subject to the same

auditing, recordkeeping, and reporting obligations required

under subsections (e), (f), (g), and (i) of section 504 of the

National Endowment for Democracy Act (22 U.S.C. 4413).

(2) C

OMPTROLLER GENERAL AUDIT AUTHORITY

.—

(A) I

N GENERAL

.—The Comptroller General of the

United States may evaluate the financial transactions of

the grantee as well as the programs or activities the

grantee carries out pursuant to this section.

(B) A

CCESS TO RECORDS

.—Any grantee shall provide

the Comptroller General, or the Comptroller General’s duly

authorized representatives, access to such records as the

Comptroller General determines necessary to conduct

evaluations authorized by this section.

(e) A

NNUAL

EPORT

.—Any grant recipient shall submit a report

to the Secretary of State annually and the Secretary shall transmit

it to the appropriate congressional committees within 30 days.

Such report shall include the names of each of the projects or

sub-grantees receiving such funding pursuant to this section and

the amount of funding provided for, along with a detailed descrip-

tion of, each such project.

(f) R

ULE OF

ONSTRUCTION

EGARDING

VAILABILITY OF

ISCAL

EAR

2016 A

PPROPRIATIONS

.—The enactment of this section is

deemed to meet the condition of the first proviso of paragraph

(2) of section 7060(f) of the Department of State, Foreign Operations,

and Related Appropriations Act, 2016 (division K of Public Law

114–113), and the funds referred to in such paragraph shall be

made available in accordance with, and for the purposes set forth

in, such paragraph.

(g) A

UTHORIZATION OF

PPROPRIATIONS

; S

UNSET

.—

(1) A

UTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS

2017 THROUGH 2020

.—There is authorized to be appropriated

to the Department of State for the purpose of making a grant

or grants authorized under this section, for each fiscal year

from 2017 through 2020, $37,500,000.

(2) S

UNSET

.—The authorities of subsections (b) through

(f) shall expire on September 30, 2020.

(h) C

OMPTROLLER

ENERAL

EVIEW OF

XISTING

ROGRAMS

.—

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130 STAT. 2565 PUBLIC LAW 114–328—DEC. 23, 2016

(1) I

N GENERAL

.—Not later than September 30, 2018, and

September 30, 2020, the Comptroller General of the United

States shall submit to Congress a report on all of the programs

conducted by the Department of State, the United States

Agency for International Development, the Department of

Labor, the Department of Defense, and the Department of

the Treasury that address human trafficking and modern

slavery, including a detailed analysis of the effectiveness of

such programs in limiting human trafficking and modern

slavery and specific recommendations on which programs are

not effective at reducing the prevalence of human trafficking

and modern slavery and how the funding for such programs

may be redirected to more effective efforts.

(2) C

ONSIDERATION OF REPORT

.—The Comptroller General

of the United States shall brief the appropriate congressional

committees on the report submitted under paragraph (1). The

appropriate congressional committees shall review and consider

the reports and shall, as appropriate, consider modifications

to authorization levels and programs within the jurisdiction

of such committees to address the recommendations made in

the report.

(i) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Foreign Relations, the Committee

on Armed Services, and the Committee on Appropriations of

the Senate; and

(2) the Committee on Foreign Affairs, the Committee on

Armed Services, and the Committee on Appropriations of the

House of Representatives.

TITLE XIII—COOPERATIVE THREAT

REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction funds.

Sec. 1302. Funding allocations.

Sec. 1303. Limitation on availability of funds for Cooperative Threat Reduction in

People’s Republic of China.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION

FUNDS.

(a) F

ISCAL

EAR

2017 C

OOPERATIVE

HREAT

EDUCTION

UNDS

EFINED

.—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) A

VAILABILITY OF

UNDS

.—Funds appropriated pursuant to

the authorization of appropriations in section 301 and made avail-

able by the funding table in division D for the Department of

Defense Cooperative Threat Reduction Program shall be available

for obligation for fiscal years 2017, 2018, and 2019.

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130 STAT. 2566 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1302. FUNDING ALLOCATIONS.

(a) I

ENERAL

.—Of the $325,604,000 authorized to be appro-

priated to the Department of Defense for fiscal year 2017 in section

301 and made available by the funding table in division D for

the Department of Defense Cooperative Threat Reduction Program

established under section 1321 of the Department of Defense

Cooperative Threat Reduction Act (50 U.S.C. 3711), the following

amounts may be obligated for the purposes specified:

(1) For strategic offensive arms elimination, $11,791,000.

(2) For chemical weapons destruction, $2,942,000.

(3) For global nuclear security, $16,899,000.

(4) For cooperative biological engagement, $213,984,000.

(5) For proliferation prevention, $50,709,000, of which—

(A) $4,000,000 may be obligated for purposes relating

to nuclear nonproliferation assisted or caused by additive

manufacture technology (commonly referred to as ‘‘3D

printing’’);

(B) $4,000,000 may be obligated for monitoring the

‘‘proliferation pathways’’ under the Joint Comprehensive

Plan of Action;

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) M

ODIFICATIONS TO

ERTAIN

EQUIREMENTS

.—The Depart-

ment of Defense Cooperative Threat Reduction Act (50 U.S.C. 3701

et seq.) is amended as follows:

(1) Section 1321(g)(1) (50 U.S.C. 3711(g)(1)) is amended

by striking ‘‘15 days’’ and inserting ‘‘45 days’’.

(2) Section 1322(b) (50 U.S.C. 3712(b)) is amended—

(A) by striking ‘‘At the time at which’’ and inserting

‘‘Not later than 15 days before the date on which’’;

(B) in paragraph (1), by striking ‘‘; and’’ and inserting

a semicolon;

inserting ‘‘; and’’; and

(D) by adding at the end the following new paragraph:

‘‘(3) a discussion of—

‘‘(A) whether authorities other than the authority

under this section are available to the Secretaries to per-

form such project or activity to meet the threats or goals

identified under subsection (a)(1); and

‘‘(B) if such other authorities exist, why the Secretaries

were not able to use such authorities for such project

or activity.’’.

(3) Section 1323(b)(3) (50 U.S.C. 3713(b)(3)) is amended

by striking ‘‘at the time at which’’ and inserting ‘‘not later

than seven days before the date on which’’.

(4) Section 1324 (50 U.S.C. 3714) is amended—

(A) in subsection (a)(1)(C), by striking ‘‘15 days’’ and

inserting ‘‘45 days’’; and

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130 STAT. 2567 PUBLIC LAW 114–328—DEC. 23, 2016

(B) in subsection (b)(3), by striking ‘‘15 days’’ and

inserting ‘‘45 days’’.

OINT

OMPREHENSIVE

LAN OF

CTION

EFINED

.—In this

section, the term ‘‘Joint Comprehensive Plan of Action’’ means

the Joint Comprehensive Plan of Action, signed at Vienna July

14, 2015, by Iran and by the People’s Republic of China, France,

Germany, the Russian Federation, the United Kingdom, and the

United States, with the High Representative of the European Union

for Foreign Affairs and Security Policy, and all implementing mate-

rials and agreements related to the Joint Comprehensive Plan

of Action, and transmitted by the President to Congress on July

19, 2015, pursuant to section 135(a) of the Atomic Energy Act

of 1954, as amended by the Iran Nuclear Agreement Review Act

of 2015 (Public Law 114–17; 129 Stat. 201).

SEC. 1303. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERA-

TIVE THREAT REDUCTION IN PEOPLE’S REPUBLIC OF

CHINA.

(a) I

ENERAL

.—The Department of Defense Cooperative

Threat Reduction Act (50 U.S.C. 3701 et seq.) is amended by

inserting after section 1334 the following new section:

‘‘SEC. 1335. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERA-

TIVE THREAT REDUCTION ACTIVITIES IN PEOPLE’S

REPUBLIC OF CHINA.

‘‘(a) S

EMIANNUAL

NSTALLMENTS

.—In carrying out activities

under the Program in the People’s Republic of China, the Secretary

of Defense shall ensure that Cooperative Threat Reduction funds

for such activities are obligated or expended in semiannual install-

ments.

‘‘(b) R

EQUIRED

EPORTS

.—

‘‘(1) A

DDITIONAL INFORMATION

.—With respect to carrying

out activities under the Program in the People’s Republic of

China, the Secretary of Defense shall submit to the congres-

sional defense committees the reports required by section

1321(g) on a semiannual basis by not later than 15 days before

any obligation of Cooperative Threat Reduction funds for such

activities during the covered semiannual period. In addition

to the matters required by such section, each such report shall

include, in coordination with the Secretary of State—

‘‘(A) whether China has taken material steps to—

‘‘(i) disrupt the proliferation activities of Li

Fangwei (also known as Karl Lee, or any other alias

known by the United States); and

‘‘(ii) arrest Li Fangwei pursuant the indictment

charged in the United States District Court for the

Southern District of New York on April 29, 2014;

‘‘(B) whether China has proliferated to any non-nuclear

weapons state, or any nuclear weapons state in violation

of the Treaty on the Non-Proliferation of Nuclear Weapons,

any item that contributes to a ballistic missile or nuclear

weapons delivery system; and

‘‘(C) the number, type, and summary of any demarches

between the United States and China with respect to the

matters described in subparagraphs (A) and (B).

‘‘(2) A

DDITIONAL SUBMISSIONS

.—At the same time as the

Secretary of Defense submits to the congressional defense

committees the information described in subparagraphs (A),

50 USC 3735.

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130 STAT. 2568 PUBLIC LAW 114–328—DEC. 23, 2016

(B), and (C) of paragraph (1) as part of the reports required

by section 1321(g), the Secretary shall submit to the Committee

on Foreign Affairs of the House of Representatives and the

Committee on Foreign Relations of the Senate such information.

‘‘(3) C

OVERAGE

.—With respect to the information described

in subparagraphs (A), (B), and (C) of paragraph (1)—

‘‘(A) the first report described in such paragraph that

is submitted after the date of the enactment of this section

shall cover the preceding 12-month period before the date

of such submission; and

‘‘(B) each subsequent report shall cover the semiannual

period preceding the date of such submission.

‘‘(4) F

ORM

.—The information described in subparagraphs

(A), (B), and (C) of paragraph (1) shall be submitted in unclassi-

fied form, but may include a classified annex.’’.

(b) C

ONFORMING

MENDMENTS

.—Section 1321(g) of such Act

(50 U.S.C. 3711(g)) is amended—

(1) in paragraph (1)—

(A) in the heading, by striking ‘‘A

NNUAL REQUIREMENT

’’

and inserting ‘‘R

EPORTS REQUIREMENT

’’; and

(B) by striking ‘‘that fiscal year’’ and inserting ‘‘that

fiscal year (or, in accordance with section 1335(b), the

semiannual period covered by the report)’’; and

(2) in paragraph (3), by striking ‘‘Paragraph (1)’’ and

inserting ‘‘Except for Cooperative Threat Reduction funds sub-

ject to section 1335, paragraph (1)’’.

TITLE XIV—OTHER AUTHORIZATIONS

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. Chemical Agents and Munitions Destruction, Defense.

Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1404. Defense Inspector General.

Sec. 1405. Defense Health Program.

Subtitle B—National Defense Stockpile

Sec. 1411. Authority to dispose of certain materials from and to acquire additional

materials for the National Defense Stockpile.

Sec. 1412. National Defense Stockpile matters.

Subtitle C—Chemical Demilitarization Matters

Sec. 1421. National Academies of Sciences study on conventional munitions demili-

tarization alternative technologies.

Subtitle D—Other Matters

Sec. 1431. Authority for transfer of funds to joint Department of Defense-Depart-

ment of Veterans Affairs Medical Facility Demonstration Fund for Cap-

tain James A. Lovell Health Care Center, Illinois.

Sec. 1432. Authorization of appropriations for Armed Forces Retirement Home.

Subtitle A—Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year

2017 for the use of the Armed Forces and other activities and

agencies of the Department of Defense for providing capital for

working capital and revolving funds, as specified in the funding

table in section 4501.

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130 STAT. 2569 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

DEFENSE.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for the Department of Defense for

fiscal year 2017 for expenses, not otherwise provided for, for Chem-

ical Agents and Munitions Destruction, Defense, as specified in

the funding table in section 4501.

(b) U

.—Amounts authorized to be appropriated under sub-

section (a) are authorized for—

(1) the destruction of lethal chemical agents and munitions

in accordance with section 1412 of the Department of Defense

Authorization Act, 1986 (50 U.S.C. 1521); and

(2) the destruction of chemical warfare materiel of the

United States that is not covered by section 1412 of such

Act.

SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Depart-

ment of Defense for fiscal year 2017 for expenses, not otherwise

provided for, for Drug Interdiction and Counter-Drug Activities,

Defense-wide, as specified in the funding table in section 4501.

SEC. 1404. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Depart-

ment of Defense for fiscal year 2017 for expenses, not otherwise

provided for, for the Office of the Inspector General of the Depart-

ment of Defense, as specified in the funding table in section 4501.

SEC. 1405. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for fiscal year

2017 for the Defense Health Program, as specified in the funding

table in section 4501, for use of the Armed Forces and other activi-

ties and agencies of the Department of Defense in providing for

the health of eligible beneficiaries.

Subtitle B—National Defense Stockpile

SEC. 1411. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS FROM

AND TO ACQUIRE ADDITIONAL MATERIALS FOR THE

NATIONAL DEFENSE STOCKPILE.

(a) D

ISPOSAL

UTHORITY

.—Pursuant to section 5(b) of the Stra-

tegic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)),

the National Defense Stockpile Manager may dispose of the fol-

lowing materials contained in the National Defense Stockpile in

the following quantities:

(1) 27 short tons of beryllium.

(2) 111,149 short tons of chromium, ferroalloy.

(3) 2,973 short tons of chromium metal.

(4) 8,380 troy ounces of platinum.

(5) 275,741 pounds of contained tungsten metal powder.

(6) 12,433,796 pounds of contained tungsten ores and con-

centrates.

(b) A

CQUISITION

UTHORITY

.—

(1) A

UTHORITY

.—Using funds available in the National

Defense Stockpile Transaction Fund, the National Defense

50 USC 98d note.

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130 STAT. 2570 PUBLIC LAW 114–328—DEC. 23, 2016

Stockpile Manager may acquire the following materials deter-

mined to be strategic and critical materials required to meet

the defense, industrial, and essential civilian needs of the

United States:

(A) High modulus and high strength carbon fibers.

(B) Tantalum.

(D) Tungsten rhenium metal.

(E) Boron carbide powder.

(F) Europium.

(G) Silicon carbide fiber.

(2) A

MOUNT OF AUTHORITY

.—The National Defense Stock-

pile Manager may use up to $55,000,0000 in the National

Defense Stockpile Transaction Fund for acquisition of the mate-

rials specified paragraph (1).

(3) F

ISCAL YEAR LIMITATION

.—The authority under para-

graph (1) is available for purchases during fiscal year 2017

through fiscal year 2021.

SEC. 1412. NATIONAL DEFENSE STOCKPILE MATTERS.

(a) M

ATERIALS

ONSTITUTING THE

ATIONAL

EFENSE

TOCK

PILE

.—Section 4 of the Strategic and Critical Materials Stock Piling

Act (50 U.S.C. 98c) is amended—

(1) in subsection (b), by striking ‘‘required for’’ and inserting

‘‘suitable for transfer or disposal through’’; and

(2) in subsection (c)—

(A) by striking ‘‘(1)’’ and all that follows through ‘‘(2)’’;

and

(B) by striking ‘‘this subsection’’ and inserting ‘‘sub-

section (b)’’.

(b) Q

UALIFICATION OF

OMESTIC

OURCES

.—Section 15(a) of

such Act (50 U.S.C. 98h–6(a)) is amended—

(1) in paragraph (1), by striking ‘‘and’’ at the end;

(2) in paragraph (2), by striking the period at the end

and inserting a semicolon; and

(3) by adding at the end the following new paragraphs:

‘‘(3) by qualifying existing domestic facilities and domesti-

cally produced strategic and critical materials to meet the

requirements of defense and essential civilian industries in

times of national emergency when existing domestic sources

of supply are either insufficient or vulnerable to single points

of failure; and

‘‘(4) by contracting with domestic facilities to recycle stra-

tegic and critical materials, thereby increasing domestic sup-

plies when such materials would otherwise be insufficient to

support defense and essential civilian industries in times of

national emergency.’’.

Subtitle C—Chemical Demilitarization

Matters

SEC. 1421. NATIONAL ACADEMIES OF SCIENCES STUDY ON CONVEN-

TIONAL MUNITIONS DEMILITARIZATION ALTERNATIVE

TECHNOLOGIES.

(a) I

ENERAL

.—The Secretary of the Army shall enter into

an arrangement with the Board on Army Science and Technology

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130 STAT. 2571 PUBLIC LAW 114–328—DEC. 23, 2016

of the National Academies of Sciences, Engineering, and Medicine

to conduct a study of the conventional munitions demilitarization

program of the Department of Defense.

(b) E

LEMENTS

.—The study required pursuant to subsection (a)

shall include the following:

(1) A review of the current conventional munitions demili-

tarization stockpile, including types of munitions and types

of materials contaminated with propellants or energetics, and

the disposal technologies used.

(2) An analysis of disposal, treatment, and reuse tech-

nologies, including technologies currently used by the Depart-

ment and emerging technologies used or being developed by

private or other governmental agencies, including a comparison

of cost, throughput capacity, personnel safety, and environ-

mental impacts.

(3) An identification of munitions types for which alter-

natives to open burning, open detonation, or non-closed loop

incineration/combustion are not used.

(4) An identification and evaluation of any barriers to full-

scale deployment of alternatives to open burning, open detona-

tion, or non-closed loop incineration/combustion, and rec-

ommendations to overcome such barriers.

(5) An evaluation whether the maturation and deployment

of governmental or private technologies currently in research

and development would enhance the conventional munitions

demilitarization capabilities of the Department.

UBMITTAL TO

ONGRESS

.—Not later than 18 months after

the date of the enactment of this Act, the Secretary shall submit

to the congressional defense committees the study conducted pursu-

ant to subsection (a).

Subtitle D—Other Matters

SEC. 1431. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPART-

MENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS

MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN

JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.

(a) A

UTHORITY FOR

RANSFER OF

UNDS

.—Of the funds author-

ized to be appropriated by section 1405 and available for the Defense

Health Program for operation and maintenance, $122,400,000 may

be transferred by the Secretary of Defense to the Joint Department

of Defense–Department of Veterans Affairs Medical Facility Dem-

onstration Fund established by subsection (a)(1) of section 1704

of the National Defense Authorization Act for Fiscal Year 2010

(Public Law 111–84; 123 Stat. 2571). For purposes of subsection

(a)(2) of such section 1704, any funds so transferred shall be treated

as amounts authorized and appropriated specifically for the purpose

of such a transfer.

(b) U

SE OF

RANSFERRED

UNDS

.—For the purposes of sub-

section (b) of such section 1704, facility operations for which funds

transferred under subsection (a) may be used are operations of

the Captain James A. Lovell Federal Health Care Center, consisting

of the North Chicago Veterans Affairs Medical Center, the Navy

Ambulatory Care Center, and supporting facilities designated as

a combined Federal medical facility under an operational agreement

covered by section 706 of the Duncan Hunter National Defense

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130 STAT. 2572 PUBLIC LAW 114–328—DEC. 23, 2016

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122

Stat. 4500).

SEC. 1432. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES

RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year

2017 from the Armed Forces Retirement Home Trust Fund the

sum of $64,300,000 for the operation of the Armed Forces Retire-

ment Home.

TITLE XV—AUTHORIZATION OF ADDI-

TIONAL APPROPRIATIONS FOR OVER-

SEAS CONTINGENCY OPERATIONS

Subtitle A—Authorization of Appropriations

Sec. 1501. Purpose and treatment of certain authorizations of appropriations.

Sec. 1502. Procurement.

Sec. 1503. Research, development, test, and evaluation.

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1508. Defense Inspector General.

Sec. 1509. Defense Health program.

Subtitle B—Financial Matters

Sec. 1511. Treatment as additional authorizations.

Sec. 1512. Special transfer authority.

Subtitle C—Limitations, Reports, and Other Matters

Sec. 1521. Afghanistan Security Forces Fund.

Sec. 1522. Joint Improvised Explosive Device Defeat Fund.

Sec. 1523. Extension of authority to use Joint Improvised Explosive Device Defeat

Fund for training of foreign security forces to defeat improvised explo-

sive devices.

Sec. 1524. Overseas contingency operations.

Sec. 1525. Extension and modification of authorities on Counterterrorism Partner-

ships Fund.

Subtitle A—Authorization of

Appropriations

SEC. 1501. PURPOSE AND TREATMENT OF CERTAIN AUTHORIZATIONS

OF APPROPRIATIONS.

(a) P

URPOSE

.—The purpose of this subtitle is to authorize appro-

priations for the Department of Defense for fiscal year 2017 to

provide additional funds—

(1) for overseas contingency operations being carried out

by the Armed Forces; and

(2) pursuant to sections 1502, 1503, 1504, 1505, and 1507

for expenses, not otherwise provided for, for procurement,

research, development, test, and evaluation, operation and

maintenance, military personnel, and defense-wide drug inter-

diction and counter-drug activities, as specified in the funding

tables in sections 4103, 4203, 4303, 4403, and 4503.

(b) S

UPPORT OF

ASE

UDGET

EQUIREMENTS

; T

REATMENT

.—

Funds identified in subsection (a)(2) are being authorized to be

appropriated in support of base budget requirements as requested

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130 STAT. 2573 PUBLIC LAW 114–328—DEC. 23, 2016

by the President for fiscal year 2017 pursuant to section 1105(a)

of title 31, United States Code. The Director of the Office of Manage-

ment and Budget shall apportion the funds identified in such sub-

section to the Department of Defense without restriction, limitation,

or constraint on the execution of such funds in support of base

requirements, including any restriction, limitation, or constraint

imposed by, or described in, the document entitled ‘‘Criteria for

War/Overseas Contingency Operations Funding Requests’’ trans-

mitted by the Director to the Department of Defense on September

9, 2010, or any successor or related guidance.

SEC. 1502. PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year

2017 for procurement accounts for the Army, the Navy and the

Marine Corps, the Air Force, and Defense-wide activities, as speci-

fied in—

(1) the funding table in section 4102; or

(2) the funding table in section 4103.

SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

Funds are hereby authorized to be appropriated for fiscal year

2017 for the use of the Department of Defense for research, develop-

ment, test, and evaluation, as specified in—

(1) the funding table in section 4202; or

(2) the funding table in section 4203.

SEC. 1504. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal year

2017 for the use of the Armed Forces and other activities and

agencies of the Department of Defense for expenses, not otherwise

provided for, for operation and maintenance, as specified in—

(1) the funding table in section 4302, or

(2) the funding table in section 4303.

SEC. 1505. MILITARY PERSONNEL.

Funds are hereby authorized to be appropriated for fiscal year

2017 for the use of the Armed Forces and other activities and

agencies of the Department of Defense for expenses, not otherwise

provided for, for military personnel, as specified in—

(1) the funding table in section 4402; or

(2) the funding table in section 4403.

SEC. 1506. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year

2017 for the use of the Armed Forces and other activities and

agencies of the Department of Defense for providing capital for

working capital and revolving funds, as specified in the funding

table in section 4502.

SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Depart-

ment of Defense for fiscal year 2017 for expenses, not otherwise

provided for, for Drug Interdiction and Counter-Drug Activities,

Defense-wide, as specified in—

(1) the funding table in section 4502; or

(2) the funding table in section 4503.

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130 STAT. 2574 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1508. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Depart-

ment of Defense for fiscal year 2017 for expenses, not otherwise

provided for, for the Office of the Inspector General of the Depart-

ment of Defense, as specified in the funding table in section 4502.

SEC. 1509. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the Depart-

ment of Defense for fiscal year 2017 for expenses, not otherwise

provided for, for the Defense Health Program, as specified in the

funding table in section 4502.

Subtitle B—Financial Matters

SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

The amounts authorized to be appropriated by this title are

in addition to amounts otherwise authorized to be appropriated

by this Act.

SEC. 1512. SPECIAL TRANSFER AUTHORITY.

(a) A

UTHORITY TO

RANSFER

UTHORIZATIONS

.—

(1) A

UTHORITY

.—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) E

FFECT 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) L

IMITATIONS

.—The total amount of authorizations that

the Secretary may transfer under the authority of this sub-

section may not exceed $3,500,000,000.

(4) E

XCEPTION

.—In the case of the authorizations of appro-

priations contained in sections 1502, 1503, 1504, 1505, and

1507 that are provided for the purpose specified in section

1501(a)(2), the transfer authority provided under section 1001,

rather than the transfer authority provided by this subsection,

shall apply to any transfer of amounts of such authorizations.

(b) T

ERMS AND

ONDITIONS

.—Transfers under this section shall

be subject to the same terms and conditions as transfers under

section 1001.

DDITIONAL

UTHORITY

.—The transfer authority provided

by this section is in addition to the transfer authority provided

under section 1001.

Subtitle C—Limitations, Reports, and

Other Matters

SEC. 1521. AFGHANISTAN SECURITY FORCES FUND.

(a) C

ONTINUATION OF

RIOR

UTHORITIES AND

OTICE AND

EPORTING

EQUIREMENTS

.—Funds available to the Department

of Defense for the Afghanistan Security Forces Fund for fiscal

year 2017 shall be subject to the conditions contained in subsections

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130 STAT. 2575 PUBLIC LAW 114–328—DEC. 23, 2016

(b) through (g) of section 1513 of the National Defense Authorization

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428),

as amended by section 1531(b) of the Ike Skelton National Defense

Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124

Stat. 4424).

(b) E

QUIPMENT

ISPOSITION

.—

(1) A

CCEPTANCE OF CERTAIN EQUIPMENT

.—Subject to para-

graph (2), the Secretary of Defense may accept equipment that

is procured using amounts in the Afghanistan Security Forces

Fund authorized under this Act and is intended for transfer

to the security forces of Afghanistan, but is not accepted by

such security forces.

(2) C

ONDITIONS ON ACCEPTANCE OF EQUIPMENT

.—Before

accepting any equipment under the authority provided by para-

graph (1), the Commander of United States forces in Afghani-

stan shall make a determination that the equipment was pro-

cured for the purpose of meeting requirements of the security

forces of Afghanistan, as agreed to by both the Government

of Afghanistan and the United States, but is no longer required

by such security forces or was damaged before transfer to

such security forces.

(3) E

LEMENTS OF DETERMINATION

.—In making a determina-

tion under paragraph (2) regarding equipment, the Commander

of United States forces in Afghanistan shall consider alter-

natives to Secretary of Defense acceptance of the equipment.

An explanation of each determination, including the basis for

the determination and the alternatives considered, shall be

included in the relevant quarterly report required under para-

graph (5).

(4) T

REATMENT AS DEPARTMENT OF DEFENSE STOCKS

.—

Equipment accepted under the authority provided by paragraph

(1) may be treated as stocks of the Department of Defense

upon notification to the congressional defense committees of

such treatment.

(5) Q

UARTERLY REPORTS ON EQUIPMENT DISPOSITION

.—Not

later than 90 days after the date of the enactment of this

Act and every 90-day period thereafter during which the

authority provided by paragraph (1) is exercised, the Secretary

of Defense shall submit to the congressional defense committees

a report describing the equipment accepted under this sub-

section, section 1531(d) of the National Defense Authorization

Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 938;

10 U.S.C. 2302 note), and section 1532(b) of the Carl Levin

and Howard P. ‘‘Buck’’ McKeon National Defense Authorization

Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3612)

during the period covered by the report. Each report shall

include a list of all equipment that was accepted during the

period covered by the report and treated as stocks of the Depart-

ment and copies of the determinations made under paragraph

(2), as required by paragraph (3).

LAN

ROMOTE

ECURITY OF

FGHAN

OMEN

.—

(1) R

EPORTING REQUIREMENT

.—The Secretary of Defense,

with the concurrence of the Secretary of State, shall include

in each report required under section 1225 of the Carl Levin

and Howard P. ‘‘Buck’’ McKeon National Defense Authorization

Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3550)—

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130 STAT. 2576 PUBLIC LAW 114–328—DEC. 23, 2016

(A) a current assessment of the security of Afghan

women and girls, including information regarding efforts

to increase the recruitment and retention of women in

the Afghan National Security Forces; and

(B) a current assessment of the implementation of

the plans for the recruitment, integration, retention,

training, treatment, and provision of appropriate facilities

and transportation for women in the Afghan National Secu-

rity Forces, including the challenges associated with such

implementation and the steps being taken to address those

challenges.

(2) P

LAN REQUIRED

.—

(A) I

N GENERAL

.—The Secretary of Defense, with the

concurrence of the Secretary of State, shall support, to

the extent practicable, the efforts of the Government of

Afghanistan to promote the security of Afghan women and

girls during and after the security transition process

through the development and implementation by the

Government of Afghanistan of an Afghan-led plan that

should include the elements described in this paragraph.

(B) T

RAINING

.—The Secretary of Defense, with the

concurrence of the Secretary of State and working with

the NATO-led Resolute Support mission, should encourage

the Government of Afghanistan to develop—

(i) measures for the evaluation of the effectiveness

of existing training for Afghan National Security Forces

on this issue;

(ii) a plan to increase the number of female secu-

rity officers specifically trained to address cases of

gender-based violence, including ensuring the Afghan

National Police’s Family Response Units have the nec-

essary resources and are available to women across

Afghanistan;

(iii) mechanisms to enhance the capacity for units

of National Police’s Family Response Units to fulfill

their mandate as well as indicators measuring the

operational effectiveness of these units;

(iv) a plan to address the development of account-

ability mechanisms for Afghanistan National Army and

Afghanistan National Police personnel who violate

codes of conduct relating to the human rights of women

and girls, including female members of the Afghan

National Security Forces;

(v) a plan to address the development of account-

ability mechanisms for Afghanistan National Army and

Afghanistan National Police personnel who violate

codes of conduct relating to protecting children from

sexual abuse; and

(vi) a plan to develop training for the Afghanistan

National Army and the Afghanistan National Police

to increase awareness and responsiveness among

Afghanistan National Army and Afghanistan National

Police personnel regarding the unique security chal-

lenges women confront when serving in those forces.

NROLLMENT AND TREATMENT

.—The Secretary of

Defense, with the concurrence of the Secretary of State

and in cooperation with the Afghan Ministries of Defense

22 USC 7513

note.

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130 STAT. 2577 PUBLIC LAW 114–328—DEC. 23, 2016

and Interior, shall seek to assist the Government of

Afghanistan in including as part of the plan developed

under subparagraph (A) the development and implementa-

tion of a plan to increase the number of female members

of the Afghanistan National Army and the Afghanistan

National Police and to promote their equal treatment,

including through such steps as providing appropriate

equipment, modifying facilities, and ensuring literacy and

gender awareness training for recruits.

(D) A

LLOCATION OF FUNDS

.—

(i) I

N GENERAL

.—Of the funds available to the

Department of Defense for the Afghan Security Forces

Fund for fiscal year 2017, it is the goal that

$25,000,000, but in no event less than $10,000,000,

shall be used for—

(I) the recruitment, integration, retention,

training, and treatment of women in the Afghan

National Security Forces; and

(II) the recruitment, training, and contracting

of female security personnel for future elections.

(ii) T

YPES OF PROGRAMS AND ACTIVITIES

.—Such

programs and activities may include—

(I) efforts to recruit women into the Afghan

National Security Forces, including the special

operations forces;

(II) programs and activities of the Afghan Min-

istry of Defense Directorate of Human Rights and

Gender Integration and the Afghan Ministry of

Interior Office of Human Rights, Gender and Child

Rights;

(III) development and dissemination of gender

and human rights educational and training mate-

rials and programs within the Afghan Ministry

of Defense and the Afghan Ministry of Interior;

(IV) efforts to address harassment and

violence against women within the Afghan

National Security Forces;

(V) improvements to infrastructure that

address the requirements of women serving in the

Afghan National Security Forces, including appro-

priate equipment for female security and police

forces, and transportation for policewomen to their

station;

(VI) support for Afghanistan National Police

Family Response Units; and

(VII) security provisions for high-profile female

police and army officers.

(d) R

EPORTING

EQUIREMENT

.—

(1) S

EMI

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) C

ONFORMING REPEALS

.—(A) Section 1513 of the National

Defense Authorization Act for Fiscal Year 2008 (Public Law

110–181; 122 Stat. 428), as amended by section 1531(b) of

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130 STAT. 2578 PUBLIC LAW 114–328—DEC. 23, 2016

the Ike Skelton National Defense Authorization Act for Fiscal

Year 2011 (Public Law 111–383; 124 Stat. 4424), is further

amended by striking subsection (g).

(B) Section 1517 of the John Warner National Defense

Authorization Act for Fiscal Year 2007 (Public Law 109–364;

120 Stat. 2442) is amended by striking subsection (f).

SEC. 1522. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

(a) U

SE AND

RANSFER OF

UNDS

.—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) E

XTENSION OF

NTERDICTION OF

MPROVISED

XPLOSIVE

EVICE

RECURSOR

HEMICALS

UTHORITY

.—Subsection (c) of sec-

tion 1532 of the National Defense Authorization Act for Fiscal

Year 2013 (Public Law 112–239; 126 Stat. 2057) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘for fiscal year 2013 and for fiscal

year 2016,’’ and inserting ‘‘for fiscal years 2013, 2016, and

2017’’;

(B) by inserting ‘‘with the concurrence of the Secretary

of State’’ after ‘‘may be available to the Secretary of

Defense’’;

inserting ‘‘of foreign governments’’; and

(D) by striking ‘‘from Pakistan to locations in Afghani-

stan’’;

(2) in paragraph (2), by striking ‘‘of the Government of

Pakistan’’ and inserting ‘‘of foreign governments’’; and

(3) in paragraph (4), as most recently amended by section

1532(b)(2) of the National Defense Authorization Act for Fiscal

Year 2016 (Public Law 114–92; 129 Stat. 1091), by striking

‘‘December 31, 2016’’ and inserting ‘‘December 31, 2017’’.

OTICE TO

ONGRESS

.—Paragraph (3) of such subsection

is amended to read as follows:

‘‘(3) N

OTICE TO CONGRESS

.—None of the funds made avail-

able pursuant to paragraph (1) may be obligated or expended

to supply training, equipment, supplies, or services to a foreign

country before the date that is 15 days after the date on

which the Secretary of Defense, in coordination with the Sec-

retary of State, submits to the Committee on Armed Services

and the Committee on Foreign Relations of the Senate and

the Committee on Armed Services and the Committee on For-

eign Affairs of the House of Representatives a notice that

contains—

‘‘(A) the foreign country for which training, equipment,

supplies, or services are proposed to be supplied;

‘‘(B) a description of the training, equipment, supplies,

and services to be provided using such funds;

‘‘(C) a detailed description of the amount of funds pro-

posed to be obligated or expended to supply such training,

equipment, supplies or services, including any funds pro-

posed to be obligated or expended to support the participa-

tion of another department or agency of the United States

and a description of the training, equipment, supplies, or

services proposed to be supplied;

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130 STAT. 2579 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(D) an evaluation of the effectiveness of the efforts

of the foreign country identified under subparagraph (A)

to counter the flow of improvised explosive device precursor

chemicals; and

‘‘(E) an overall plan for countering the flow of precursor

chemicals in the foreign country identified under subpara-

graph (A).’’.

SEC. 1523. EXTENSION OF AUTHORITY TO USE JOINT IMPROVISED

EXPLOSIVE DEVICE DEFEAT FUND FOR TRAINING OF

FOREIGN SECURITY FORCES TO DEFEAT IMPROVISED

EXPLOSIVE DEVICES.

Section 1533(e) of the National Defense Authorization Act for

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1093) is amended

by striking ‘‘September 30, 2018’’ and inserting ‘‘September 30,

2020’’.

SEC. 1524. OVERSEAS CONTINGENCY OPERATIONS.

Funds are hereby authorized to be appropriated for fiscal year

2017 for the Department of Defense for overseas contingency oper-

ations in such amounts as may be designated as provided in section

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Con-

trol Act of 1985.

SEC. 1525. EXTENSION AND MODIFICATION OF AUTHORITIES ON

COUNTERTERRORISM PARTNERSHIPS FUND.

(a) E

XTENSION

.—Section 1534 of the Carl Levin and Howard

P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal

Year 2015 (Public Law 113–291; 128 Stat. 3616) is amended—

(1) in subsection (a), by striking ‘‘Amounts authorized to

be appropriated for fiscal year 2015 by this title’’ and inserting

‘‘Subject to subsection (b), amounts authorized to be appro-

priated through fiscal year 2017’’; and

(2) in subsection (h), by striking ‘‘December 31, 2016’’ and

inserting ‘‘December 31, 2017’’.

(b) L

IMITATION ON

SE OF

UNDS

UTHORIZED FOR

ISCAL

EAR

2016.—Such section is further amended—

(1) by redesignating subsections (b) through (h) as sub-

sections (c) through (i), respectively; and

(2) by inserting after subsection (a) the following new sub-

section (b):

‘‘(b) L

IMITATION ON

SE OF

UNDS

UTHORIZED FOR

ISCAL

EAR

2016.—Amounts authorized to be appropriated for fiscal year

2016 for the Counterterrorism Partnerships Fund may only be

used for the purposes specified in subsection (a)(2). In the use

of such amounts, any reference in this section to ‘subsection (a)’

shall be deemed to be a reference to ‘subsection (a)(2)’.’’.

DMINISTRATION OF

UND

.—Subsection (e) of such section,

as redesignated by subsection (b)(1) of this section, is amended—

(1) by striking paragraph (3); and

(2) by redesignating paragraphs (4), (5), and (6) as para-

graphs (3), (4), and (5), respectively.

(d) R

EPORTS

.—Subsection (h) of such section, as redesignated

by subsection (b)(1) of this section, is amended—

(1) in the matter preceding paragraph (1)—

(A) by striking ‘‘and 2017’’ and inserting ‘‘2017, and

2018’’; and

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130 STAT. 2580 PUBLIC LAW 114–328—DEC. 23, 2016

(B) by striking ‘‘and 2016’’ and inserting ‘‘2016, and

2017’’;

(2) in paragraph (4), by striking ‘‘subsection (d)(5)’’ and

inserting ‘‘subsection (e)(4)’’; and

(3) in paragraph (5), by striking ‘‘subsection (f)’’ and

inserting ‘‘subsection (g)’’.

TITLE XVI—STRATEGIC PROGRAMS,

CYBER, AND INTELLIGENCE MATTERS

Subtitle A—Space Activities

Sec. 1601. Repeal of provision permitting the use of rocket engines from the Rus-

sian Federation for the evolved expendable launch vehicle program.

Sec. 1602. Exception to the prohibition on contracting with Russian suppliers of

rocket engines for the evolved expendable launch vehicle program.

Sec. 1603. Rocket propulsion system to replace RD–180.

Sec. 1604. Plan for use of allied launch vehicles.

Sec. 1605. Analysis of alternatives for wide-band communications.

Sec. 1606. Modification of pilot program for acquisition of commercial satellite com-

munication services.

Sec. 1607. Space-based environmental monitoring.

Sec. 1608. Prohibition on use of certain non-allied positioning, navigation, and tim-

ing systems.

Sec. 1609. Limitation of availability of funds for the Joint Space Operations Center

Mission System.

Sec. 1610. Limitations on availability of funds for the Global Positioning System

Next Generation Operational Control System.

Sec. 1611. Availability of funds for certain secure voice conferencing capabilities.

Sec. 1612. Space-based infrared system and advanced extremely high frequency

program.

Sec. 1613. Pilot program on commercial weather data.

Sec. 1614. Plans on transfer of acquisition and funding authority of certain weather

missions to National Reconnaissance Office.

Sec. 1615. Five-year plan for Joint Interagency Combined Space Operations Center.

Sec. 1616. Organization and management of national security space activities of

the Department of Defense.

Sec. 1617. Review of charter of Operationally Responsive Space Program Office.

Sec. 1618. Backup and complementary positioning, navigation, and timing capabili-

ties of Global Positioning System.

Sec. 1619. Report on use of spacecraft assets of the space-based infrared system

wide-field-of-view program.

Sec. 1620. Provision of certain information to Government Accountability Office by

National Reconnaissance Office.

Sec. 1621. Cost-benefit analysis of commercial use of excess ballistic missile solid

rocket motors.

Sec. 1622. Independent assessment of Global Positioning System Next Generation

Operational Control System.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

Sec. 1631. Report on United States Central Command Intelligence Fusion Center.

Sec. 1632. Prohibition on availability of funds for certain relocation activities for

NATO Intelligence Fusion Cell.

Sec. 1633. Survey and review of Defense Intelligence Enterprise.

Subtitle C—Cyberspace-Related Matters

Sec. 1641. Special emergency procurement authority to facilitate the defense

against or recovery from a cyber attack.

Sec. 1642. Limitation on termination of dual-hat arrangement for Commander of

the United States Cyber Command.

Sec. 1643. Cyber mission forces matters.

Sec. 1644. Requirement to enter into agreements relating to use of cyber opposition

forces.

Sec. 1645. Cyber protection support for Department of Defense personnel in posi-

tions highly vulnerable to cyber attack.

Sec. 1646. Limitation on full deployment of joint regional security stacks.

Sec. 1647. Advisory committee on industrial security and industrial base policy.

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130 STAT. 2581 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 1648. Change in name of National Defense University’s Information Resources

Management College to College of Information and Cyberspace.

Sec. 1649. Evaluation of cyber vulnerabilities of F–35 aircraft and support systems.

Sec. 1650. Evaluation of cyber vulnerabilities of Department of Defense critical in-

frastructure.

Sec. 1651. Strategy to incorporate Army reserve component cyber protection teams

into Department of Defense cyber mission force.

Sec. 1652. Strategic Plan for the Defense Information Systems Agency.

Sec. 1653. Plan for information security continuous monitoring capability and com-

ply-to-connect policy; limitation on software licensing.

Sec. 1654. Reports on deterrence of adversaries in cyberspace.

Sec. 1655. Sense of Congress on cyber resiliency of the networks and communica-

tions systems of the National Guard.

Subtitle D—Nuclear Forces

Sec. 1661. Improvements to Council on Oversight of National Leadership Com-

mand, Control, and Communications System.

Sec. 1662. Treatment of certain sensitive information by State and local govern-

ments.

Sec. 1663. Procurement authority for certain parts of intercontinental ballistic mis-

sile fuzes.

Sec. 1664. Prohibition on availability of funds for mobile variant of ground-based

strategic deterrent missile.

Sec. 1665. Limitation on availability of funds for extension of New START Treaty.

Sec. 1666. Certifications regarding integrated tactical warning and attack assess-

ment mission of the Air Force.

Sec. 1667. Matters relating to intercontinental ballistic missiles.

Sec. 1668. Requests for forces to meet security requirements for land-based nuclear

forces.

Sec. 1669. Report on Russian and Chinese political and military leadership surviv-

ability, command and control, and continuity of government programs

and activities.

Sec. 1670. Review by Comptroller General of the United States of recommendations

relating to nuclear enterprise of Department of Defense.

Sec. 1671. Sense of Congress on nuclear deterrence.

Sec. 1672. Sense of Congress on importance of independent nuclear deterrent of

United Kingdom.

Subtitle E—Missile Defense Programs

Sec. 1681. National missile defense policy.

Sec. 1682. Extensions of prohibitions relating to missile defense information and

systems.

Sec. 1683. Non-terrestrial missile defense intercept and defeat capability for the

ballistic missile defense system.

Sec. 1684. Review of the missile defeat policy and strategy of the United States.

Sec. 1685. Maximizing Aegis Ashore capability and developing medium range dis-

crimination radar.

Sec. 1686. Technical authority for integrated air and missile defense activities and

programs.

Sec. 1687. Hypersonic defense capability development.

Sec. 1688. Conventional Prompt Global Strike weapons system.

Sec. 1689. Required testing by Missile Defense Agency of ground-based midcourse

defense element of ballistic missile defense system.

Sec. 1690. Iron Dome short-range rocket defense system and Israeli cooperative

missile defense program codevelopment and coproduction.

Sec. 1691. Limitations on availability of funds for lower tier air and missile defense

capability of the Army.

Sec. 1692. Pilot program on loss of unclassified, controlled technical information.

Sec. 1693. Plan for procurement of medium-range discrimination radar to improve

homeland missile defense.

Sec. 1694. Review of Missile Defense Agency budget submissions for ground-based

midcourse defense and evaluation of alternative ground-based inter-

ceptor deployments.

Sec. 1695. Semiannual notifications on missile defense tests and costs.

Sec. 1696. Reports on unfunded priorities of the Missile Defense Agency.

Subtitle F—Other Matters

Sec. 1697. Protection of certain facilities and assets from unmanned aircraft.

Sec. 1698. Harmful interference to Department of Defense Global Positioning Sys-

tem.

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130 STAT. 2582 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle A—Space Activities

SEC. 1601. REPEAL OF PROVISION PERMITTING THE USE OF ROCKET

ENGINES FROM THE RUSSIAN FEDERATION FOR THE

EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM.

Section 8048 of the Department of Defense Appropriations Act,

2016 (division C of Public Law 114–113; 129 Stat. 2363) is repealed.

SEC. 1602. EXCEPTION TO THE PROHIBITION ON CONTRACTING WITH

RUSSIAN SUPPLIERS OF ROCKET ENGINES FOR THE

EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM.

Section 1608 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon

National Defense Authorization Act for Fiscal Year 2015 (Public

Law 113–291; 128 Stat. 3626; 10 U.S.C. 2271 note), as amended

by section 1607 of the National Defense Authorization Act for

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1100), is further

amended by striking subsection (c) and inserting the following

new subsection:

‘‘(c) E

XCEPTION

.—The prohibition in subsection (a) shall not

apply to any of the following:

‘‘(1) The placement of orders or the exercise of options

under the contract numbered FA8811–13–C–0003 and awarded

on December 18, 2013.

‘‘(2) Contracts that are awarded during the period begin-

ning on the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2017 and ending December

31, 2022, for the procurement of property or services for space

launch activities that include the use of a total of 18 rocket

engines designed or manufactured in the Russian Federation,

in addition to the Russian-designed or Russian-manufactured

engines to which paragraph (1) applies.’’.

SEC. 1603. ROCKET PROPULSION SYSTEM TO REPLACE RD–180.

Section 1604 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon

National Defense Authorization Act for Fiscal Year 2015 (Public

Law 113–291; 128 Stat. 3623; 10 U.S.C. 2273 note), as amended

by section 1606 of the National Defense Authorization Act for

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1099), is further

amended by striking subsection (d) and inserting the following

new subsections:

‘‘(d) U

SE OF

UNDS

NDER

EVELOPMENT

ROGRAM

.—

‘‘(1) D

EVELOPMENT OF ROCKET PROPULSION SYSTEM

.—The

funds described in paragraph (2)—

‘‘(A) may be obligated or expended for—

‘‘(i) the development of the rocket propulsion

system to replace non-allied space launch engines

pursuant to subsection (a); and

‘‘(ii) the necessary interfaces to, or integration of,

the rocket propulsion system with an existing or new

launch vehicle; and

‘‘(B) except as provided by paragraph (3), may not

be obligated or expended to develop or procure a launch

vehicle, an upper stage, a strap-on motor, or related infra-

structure.

‘‘(2) F

UNDS DESCRIBED

.—The funds described in this para-

graph are the following:

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130 STAT. 2583 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) Funds authorized to be appropriated by the

National Defense Authorization Act for Fiscal Year 2017

or otherwise made available for fiscal year 2017 for the

Department of Defense for the development of the rocket

propulsion system under subsection (a).

‘‘(B) Funds authorized to be appropriated by this Act

or the National Defense Authorization Act for Fiscal Year

2016 or otherwise made available for fiscal years 2015

or 2016 for the Department of Defense for the development

of the rocket propulsion system under subsection (a) that

are unobligated as of the date of the enactment of the

National Defense Authorization Act for Fiscal Year 2017.

‘‘(3) O

THER PURPOSES

.—The Secretary may obligate or

expend not more than a total of the amount calculated under

paragraph (4) of the funds that are authorized to be appro-

priated by the National Defense Authorization Act for Fiscal

Year 2017 or otherwise made available for fiscal year 2017

for the rocket propulsion system and launch system investment

for activities not authorized by paragraph (1)(A), including for

developing a launch vehicle, an upper stage, a strap-on motor,

or related infrastructure. The Secretary may exceed such limit

calculated under paragraph (4) in fiscal year 2017 for such

purposes if—

‘‘(A) the Secretary certifies to the appropriate congres-

sional committees that, as of the date of the certification—

‘‘(i) the development of the rocket propulsion

system is being carried out pursuant to paragraph

(1)(A) in a manner that ensures that the rocket propul-

sion system will meet each requirement under sub-

section (a)(2); and

‘‘(ii) such obligation or expenditure will not nega-

tively affect the development of the rocket propulsion

system, including with respect to meeting such require-

ments; and

‘‘(B) the reprogramming or transfer is carried out in

accordance with established procedures for reprogramming

or transfers, including with respect to presenting a request

for a reprogramming of funds.

‘‘(4) C

ALCULATION OF AMOUNTS FOR OTHER PURPOSES

.—

In carrying out paragraph (3), the Secretary shall calculate

the amount of the funds specified in such paragraph as follows:

‘‘(A) If the total amount of funds that are authorized

to be appropriated by the National Defense Authorization

Act for Fiscal Year 2017 or otherwise made available for

fiscal year 2017 for the rocket propulsion system and

launch system investment is equal to or less than

$320,000,000, such amount shall equal 31 percent.

‘‘(B) If the total amount of funds that are authorized

to be appropriated by the National Defense Authorization

Act for Fiscal Year 2017 or otherwise made available for

fiscal year 2017 for the rocket propulsion system and

launch system investment is greater than $320,000,000,

such amount shall equal the difference of—

‘‘(i) the amount of funds so authorized to be appro-

priated, minus

‘‘(ii) $220,000,000.

‘‘(e) D

EFINITIONS

.—In this section:

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130 STAT. 2584 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(1) The term ‘appropriate congressional committees’

means—

‘‘(A) the congressional defense committees; and

‘‘(B) the Permanent Select Committee on Intelligence

of the House of Representatives and the Select Committee

on Intelligence of the Senate.

‘‘(2) The term ‘rocket propulsion system’ means, with

respect to the development authorized by subsection (a), a

main booster, first-stage rocket engine or motor. The term

does not include a launch vehicle, an upper stage, a strap-

on motor, or related infrastructure.’’.

SEC. 1604. PLAN FOR USE OF ALLIED LAUNCH VEHICLES.

(a) P

LAN

.—The Secretary of Defense, in coordination with the

Director of National Intelligence, shall develop a plan to use allied

launch vehicles to meet the requirements for achieving the policy

relating to assured access to space set forth in section 2273 of

title 10, United States Code, in the event that such requirements

cannot be met, for a limited period, using only launch vehicles

of the United States.

(b) A

SSESSMENTS

.—In developing the plan required by sub-

section (a), the Secretary shall conduct assessments of the following:

(1) What satellites of the United States would be appro-

priate to be launched on an allied launch vehicle.

(2) The relevant laws, regulations, and policies governing

the launch of national security satellites and whether any legis-

lative, regulatory, or policy actions (including with respect to

waivers) would be necessary to allow for the launch of a

national security satellite on an allied launch vehicle.

(3) The certification requirements for using allied launch

vehicles pursuant to the plan and the estimated cost, schedule,

and actions that would be necessary to certify allied launch

vehicles.

(4) Any other matters the Secretary determines appro-

priate.

UBMISSION TO

ONGRESS

.—Not later than 180 days after

the date of the enactment of this Act, the Secretary shall submit

to the appropriate congressional committees a report on the plan

required by subsection (a) and the assessments required by sub-

section (b).

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘allied launch vehicle’’ means a launch vehicle

of the government of a country that is an ally of the United

States. The term does not include a launch vehicle of the

Government of the Russian Federation, the Government of

the People’s Republic of China, the Government of the Islamic

Republic of Iran, or the Government of the Democratic People’s

Republic of Korea.

(2) The term ‘‘appropriate congressional committees’’

means—

(A) the congressional defense committees; and

(B) the Permanent Select Committee on Intelligence

of the House of Representatives and the Select Committee

on Intelligence of the Senate.

(3) The term ‘‘national security satellite’’ means a satellite

launched for national security purposes, including such a sat-

ellite launched by the Air Force, the Navy, or the National

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130 STAT. 2585 PUBLIC LAW 114–328—DEC. 23, 2016

Reconnaissance Office, or any other element of the Department

of Defense.

SEC. 1605. ANALYSIS OF ALTERNATIVES FOR WIDE-BAND COMMUNICA-

TIONS.

Section 1611 of the National Defense Authorization Act for

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1103) is amended

by striking subsection (b) and inserting the following new sub-

sections:

‘‘(b) S

COPE

.—

‘‘(1) S

TUDY GUIDANCE

.—In conducting the analysis of alter-

natives under subsection (a), the Secretary shall develop study

guidance that requires such analysis to include the full range

of military and commercial satellite communications capabili-

ties, acquisition processes, and service delivery models.

‘‘(2) O

THER CONSIDERATIONS

.—The Secretary shall ensure

that—

‘‘(A) any cost assessments of military or commercial

satellite communications systems included in the analysis

of alternatives conducted under subsection (a) include

detailed full life-cycle costs, as applicable, including with

respect to—

‘‘(i) military personnel, military construction, mili-

tary infrastructure operation, maintenance costs, and

ground and user terminal impacts; and

‘‘(ii) any other costs regarding military or commer-

cial satellite communications systems the Secretary

determines appropriate; and

‘‘(B) such analysis identifies any considerations relating

to the use of military versus commercial systems.

‘‘(c) C

OMPTROLLER

ENERAL

EPORT

.—

‘‘(1) S

UBMISSION

.—Upon completion of the analysis of alter-

natives conducted under subsection (a), the Secretary shall

submit such analysis to the Comptroller General of the United

States.

‘‘(2) R

EPORT

.—Not later than 120 days after the date on

which the Comptroller General receives the analysis of alter-

natives under paragraph (1), the Comptroller General shall

submit to the congressional defense committees a report con-

taining—

‘‘(A) a review of the analysis; and

‘‘(B) an assessment of the types of analyses the Sec-

retary has conducted to understand the costs and benefits

of the use of KA-band commercial satellite communications

by the Department of Defense.

‘‘(3) M

ATTERS INCLUDED

.—The report under paragraph (2)

shall include the following:

‘‘(A) With respect to the review of the analysis of alter-

natives conducted under subsection (a)—

‘‘(i) whether, and to what extent, the Secretary—

‘‘(I) conducted such analysis using best prac-

tices;

‘‘(II) fully addressed the concerns of the

acquisition, operational, and user communities;

and

‘‘(III) complied with subsection (b); and

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130 STAT. 2586 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(ii) a description of how the Secretary identified

the requirements and assessed and addressed the cost,

schedule, and risks posed for each alternative included

in such analysis.

‘‘(B) With respect to the assessment under paragraph

(2)(B)—

‘‘(i) whether the Secretary has evaluated the use

of KA-band commercial satellite communications,

based on total cost, capabilities, and interoperability

with existing or planned terminals; and

‘‘(ii) such other matters as the Comptroller General

considers appropriate.

‘‘(d) B

RIEFINGS

.—Not later than 90 days after the date of the

enactment of the National Defense Authorization Act for Fiscal

Year 2017, and semiannually thereafter until the date on which

the analysis of alternatives conducted under subsection (a) is com-

pleted, the Secretary shall provide the Committees on Armed Serv-

ices of the House of Representatives and the Senate (and any

other congressional defense committee upon request) a briefing

on such analysis.’’.

SEC. 1606. MODIFICATION OF PILOT PROGRAM FOR ACQUISITION OF

COMMERCIAL SATELLITE COMMUNICATION SERVICES.

(a) I

MPLEMENTATION OF

OALS

.—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) I

MPLEMENTATION OF

OALS

.—In developing and carrying

out the pilot program under subsection (a)(1), by not later than

September 30, 2017, the Secretary shall take actions to begin the

implementation of each goal specified in subsection (b).’’.

(b) L

IMITATION

.—Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2017 for

the headquarters operations of the Air Force Space Command,

not more than 95 percent may be obligated or expended until

the date on which the Secretary of Defense submits to the congres-

sional defense committees a plan to demonstrate that the pilot

program under section 1605 of the Carl Levin and Howard P.

‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year

2015 (Public Law 113–291; 10 U.S.C. 2208 note) will achieve order-

of-magnitude improvements in satellite communications capability,

as required by subsection (b)(5) of such section.

SEC. 1607. SPACE-BASED ENVIRONMENTAL MONITORING.

(a) R

OLES OF

DOD

AND

NOAA.—

(1) M

ECHANISMS

.—The Secretary of Defense and the

Administrator of the National Oceanic and Atmospheric

Administration shall jointly establish mechanisms to collabo-

rate and coordinate in defining the roles and responsibilities

of the Department of Defense and the National Oceanic and

Atmospheric Administration to—

(A) carry out space-based environmental monitoring;

and

(B) plan for future non-governmental space-based

environmental monitoring capabilities, as appropriate.

10 USC 2271

note.

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130 STAT. 2587 PUBLIC LAW 114–328—DEC. 23, 2016

(2) R

ULE OF CONSTRUCTION

.—Nothing in paragraph (1) may

be construed to authorize a joint satellite program of the

Department of Defense and the National Oceanic and

Atmospheric Administration.

(b) R

EPORT

.—Not later than 120 days after the date of the

enactment of this Act, the Secretary and the Administrator shall

jointly submit to the appropriate congressional committees a report

on the mechanisms established under subsection (a)(1).

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the congressional defense committees;

(2) the Committee on Science, Space, and Technology of

the House of Representatives; and

(3) the Committee on Commerce, Science, and Transpor-

tation of the Senate.

SEC. 1608. PROHIBITION ON USE OF CERTAIN NON-ALLIED POSI-

TIONING, NAVIGATION, AND TIMING SYSTEMS.

(a) P

ROHIBITION

.—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) W

AIVER

.—The Secretary may waive the prohibition in sub-

section (a) if—

(1) the Secretary determines that the waiver is—

(A) in the national security interest of the United

States; and

(B) necessary to mitigate exigent operational concerns;

(2) the Secretary notifies, in writing, the appropriate

congressional committees of such waiver; and

(3) a period of 30 days has elapsed following the date

of such notification.

SSESSMENT

.—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

System; and

(2) include any other matters the Secretary, the Chairman,

and the Director determine appropriate.

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the congressional defense committees; and

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130 STAT. 2588 PUBLIC LAW 114–328—DEC. 23, 2016

(B) the Permanent Select Committee on Intelligence

of the House of Representatives and the Select Committee

on Intelligence of the Senate.

(2) The term ‘‘non-allied positioning, navigation, and timing

system’’ means any of the following systems:

(A) The Beidou system.

(B) The Glonass global navigation satellite system.

SEC. 1609. LIMITATION OF AVAILABILITY OF FUNDS FOR THE JOINT

SPACE OPERATIONS CENTER MISSION SYSTEM.

None of the funds authorized to be appropriated by this Act

or otherwise made available for fiscal year 2017 for increment

3 of the Joint Space Operations Center Mission System may be

obligated or expended until the date on which the Secretary of

the Air Force, in coordination with the Commander of the United

States Strategic Command, submits to the congressional defense

committees a report on such increment, including—

(1) an acquisition strategy and strategic plan for such incre-

ment that includes—

(A) the space battlement management, communication,

and control capabilities, as of the date of the enactment

of this Act;

(B) the plan to develop and perform space battlement

management, communication, and control capabilities in

the future; and

(A) and (B) that will require common software and hard-

ware in other similar space battle management software

and systems to promote a common operating environment

and reduce acquisition costs and long-term maintenance

requirements;

(2) the warfighter requirements of such increment;

(3) the funding and schedule for such increment;

(4) the strategy for use of commercially available capabili-

ties, as appropriate, relating to such increment to rapidly

address warfighter requirements, including the market research

and evaluation of such commercial capabilities; and

(5) the relationship of such increment with the other related

activities and investments of the Department of Defense.

SEC. 1610. LIMITATIONS ON AVAILABILITY OF FUNDS FOR THE GLOBAL

POSITIONING SYSTEM NEXT GENERATION OPERATIONAL

CONTROL SYSTEM.

(a) L

IMITATION

NTIL

ERTIFICATION

.—Of the funds authorized

to be appropriated by this Act or otherwise made available for

fiscal year 2017 for the Global Positioning System Next Generation

Operational Control System (in this section referred to as ‘‘OCX’’),

not more than five percent may be obligated or expended for the

current product development contract for the OCX, or for any other

purpose in connection with the OCX, until the date on which

the Secretary of Defense submits to Congress the certification on

the OCX required pursuant to section 2433a(b) of title 10, United

States Code, as a result of the determination not to terminate

the procurement of the OCX.

(b) A

DDITIONAL

IMITATION

NTIL

NITIAL

RIEFING

.—In addi-

tion to the limitation in subsection (a), of the funds authorized

to be appropriated by this Act or otherwise made available for

fiscal year 2017 for the OCX, not more than 50 percent may be

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130 STAT. 2589 PUBLIC LAW 114–328—DEC. 23, 2016

obligated or expended for the current product development contract

for the OCX, or for any other purpose in connection with the

OCX, unless—

(1) the Secretary has submitted to Congress the certifi-

cation described in subsection (a); and

(2) not earlier than January 15, 2017, the Secretary pro-

vides to the congressional defense committees a briefing on

the OCX with respect to—

(A) the status of the OCX program, including informa-

tion on the risks, costs, and schedule, and technical

information;

(B) contingency plans and investments, and the status

of such plans and investments;

ational Test and Evaluation; and

(D) the total program cost that is validated by the

Director of Cost Assessment and Program and a five-year

budget that is based on an updated and rebaselined pro-

gram cost.

DDITIONAL

IMITATION

NTIL

ECOND

RIEFING

.—In addi-

tion to the limitations in subsection (a) and (b), of the funds author-

ized to be appropriated by this Act or otherwise made available

for fiscal year 2017 for the OCX, not more than 75 percent may

be obligated or expended for the current product development con-

tract for the OCX, or for any other purpose in connection with

the OCX, unless—

(1) the Secretary has submitted to Congress the certifi-

cation described in subsection (a);

(2) the Secretary has provided to the congressional defense

committees the briefing under subsection (b)(2); and

(3) not earlier than March 15, 2017, the Secretary provides

to the congressional defense committees an update to such

briefing.

(d) A

DJUSTMENT OF

RIEFING

ATES

.—The Secretary may pro-

vide the briefing under subsection (b)(2) or subsection (c)(3), respec-

tively, before the date specified by such subsection if the Secretary

determines that providing such briefing before such date is nec-

essary for the national security interests of the United States.

SEC. 1611. AVAILABILITY OF FUNDS FOR CERTAIN SECURE VOICE CON-

FERENCING CAPABILITIES.

Of the funds authorized to be appropriated or otherwise made

available by the Carl Levin and Howard P. ‘‘Buck’’ McKeon National

Defense Authorization Act for Fiscal Year 2015 (Public Law 113–

291) or the National Defense Authorization Act for Fiscal Year

2016 (Public Law 114–92) or otherwise made available for fiscal

years 2015 or 2016 for research, development, test, and evaluation,

Air Force, and available for obligation as of the date of the enact-

ment of this Act, not more than $10,200,000 may be used to support

the accomplishment by the Air Force of integration and associated

critical testing and systems engineering activities for the Presi-

dential and National Voice Conferencing program and the Advanced

Extremely High Frequency Extended Data Rate, worldwide, secure,

survivable voice conferencing capability for the President and

national leaders, as described in the reprogramming action prior

approval request submitted by the Under Secretary of Defense

(Comptroller) to Congress on March 3, 2016.

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130 STAT. 2590 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1612. SPACE-BASED INFRARED SYSTEM AND ADVANCED

EXTREMELY HIGH FREQUENCY PROGRAM.

(a) L

IMITATION ON

EVELOPMENT AND

CQUISITION OF

LTER

NATIVES

.—

(1) L

IMITATION

.—Except as provided by paragraph (4), the

Secretary of Defense may not develop or acquire an alternative

to the space-based infrared system program of record or develop

or acquire an alternative to the advanced extremely high fre-

quency program of record until the date on which the Com-

mander of the United States Strategic Command and the

Director of the Space Security and Defense Program, in con-

sultation with the Defense Intelligence Officer for Science and

Technology of the Defense Intelligence Agency, jointly submit

to the appropriate congressional committees the assessments

described in paragraph (2) for the respective program.

(2) A

SSESSMENT

.—The assessments described in this para-

graph are—

(A) an assessment of the resilience and mission assur-

ance of each alternative to the space-based infrared system

being considered by the Secretary of the Air Force; and

(B) an assessment of the resilience and mission assur-

ance of each alternative to the advanced extremely high

frequency program being considered by the Secretary of

the Air Force.

(3) E

LEMENTS

.—An assessment described in paragraph (2)

shall include, with respect to each alternative to the space-

based infrared system program of record and each alternative

to the advanced extremely high frequency program of record

being considered by the Secretary of the Air Force, the fol-

lowing:

(A) The requirements for resilience and mission assur-

ance.

(B) The criteria to measure such resilience and mission

assurance.

(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) E

XCEPTION

.—The limitation in paragraph (1) shall not

apply to efforts to examine and develop technology insertion

opportunities for the space-based infrared system program of

record or the satellite communications programs of record.

(b) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’ means

the following:

(1) With respect to the submission of the assessment

described in subparagraph (A) of subsection (a)(2), the—

(A) the congressional defense committees; and

(B) the Permanent Select Committee on Intelligence

of the House of Representatives.

(2) With respect to the submission of the assessment

described in subparagraph (B) of subsection (a)(2), the congres-

sional defense committees.

10 USC 2271

note.

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130 STAT. 2591 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1613. PILOT PROGRAM ON COMMERCIAL WEATHER DATA.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Defense shall establish

a pilot program to assess the viability of commercial satellite

weather data to support requirements of the Department of Defense.

(b) D

URATION

.—The Secretary may carry out the pilot program

under subsection (a) for a period not exceeding one year.

RIEFINGS

.—

(1) I

NTERIM BRIEFING

.—Not later than 60 days after the

date of the enactment of this Act, the Secretary of Defense

shall provide a briefing to the Committees on Armed Services

of the House of Representatives and the Senate (and to any

other congressional defense committee upon request) dem-

onstrating how the Secretary plans to implement the pilot

program under subsection (a).

(2) F

INAL BRIEFING

.—Not later than 90 days after the pilot

program under subsection (a) is completed, the Secretary shall

provide a briefing to the Committees on Armed Services of

the House of Representatives and the Senate (and to any other

congressional defense committee upon request) on the utility,

cost, and other considerations regarding the purchase of

commercial satellite weather data to support the requirements

of the Department of Defense.

SEC. 1614. PLANS ON TRANSFER OF ACQUISITION AND FUNDING

AUTHORITY OF CERTAIN WEATHER MISSIONS TO

NATIONAL RECONNAISSANCE OFFICE.

(a) L

IMITATION

.—Except as provided by subsection (c), of the

funds authorized to be appropriated by this Act or otherwise made

available for fiscal year 2017 for research, development, test, and

evaluation, Air Force, for the weather satellite follow-on system,

not more than 50 percent may be obligated or expended until

the date on which the Secretary of the Air Force submits to the

appropriate congressional committees the plan under subsection

(b)(1).

(b) P

LANS FOR

RANSFER OF

UTHORITY

.—

(1) A

IR FORCE PLAN

.—Except as provided by subsection

(c), the Secretary of the Air Force shall develop a plan for

the Air Force to transfer, beginning with fiscal year 2018,

the acquisition authority and the funding authority for covered

space-based environmental monitoring missions from the Air

Force to the National Reconnaissance Office, including a

description of the amount of funds that would be necessary

to be transferred from the Air Force to the National Reconnais-

sance Office during fiscal years 2018 through 2022 to carry

out such plan.

(2) NRO

PLAN

.—

(A) Except as provided by subsection (c), the Director

of the National Reconnaissance Office shall develop a plan

for the National Reconnaissance Office to address how

to carry out covered space-based environmental monitoring

missions. Such plan shall include—

(I) a description of the related national security

requirements for such missions;

(ii) a description of the appropriate manner to

meet such requirements; and

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130 STAT. 2592 PUBLIC LAW 114–328—DEC. 23, 2016

(iii) the amount of funds that would be necessary

to be transferred from the Air Force to the National

Reconnaissance Office during fiscal years 2018 through

2022 to carry out such plan.

(B) In developing the plan under subparagraph (A),

the Director may conduct pre-acquisition activities,

including with respect to requests for information, analyses

of alternatives, study contracts, modeling and simulation,

and other activities the Director determines necessary to

develop such plan.

shall submit to the appropriate congressional committees

such plan by not later than July 1, 2017.

(3) I

NDEPENDENT COST ESTIMATE

.—The Director of the Cost

Assessment Improvement Group of the Office of the Director

of National Intelligence, in coordination with the Director of

Cost Assessment and Program Evaluation, shall certify to the

appropriate congressional committees that the amounts of funds

identified under paragraphs (1) and (2)(A)(iii) as being nec-

essary to transfer are appropriate and include funding for posi-

tions and personnel to support program office costs.

AIVER

ASED ON

EPORT AND

ERTIFICATION OF

ORCE

CQUISITION

ROGRAM

.—The Secretary of the Air Force may waive

the limitation in subsection (a) and the requirement to develop

a plan under subsection (b)(1), and the Director of the National

Reconnaissance Office may waive the requirement to develop a

plan under subsection (b)(2), if the Under Secretary of Defense

for Acquisition, Technology, and Logistics and the Chairman of

the Joint Chiefs of Staff jointly submit to the appropriate congres-

sional committees a report by not later than July 1, 2017, that

contains—

(1) a certification that the Secretary of the Air Force is

carrying out a formal acquisition program that has received

Milestone A approval to address the cloud characterization

and theater weather imagery requirements of the Department

of Defense; and

(2) an identification of the cost, schedule, requirements,

and acquisition strategy of such acquisition program.

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the congressional defense committees; and

(B) the Permanent Select Committee on Intelligence

of the House of Representatives the Select Committee on

Intelligence of the Senate.

(2) The term ‘‘covered space-based environmental moni-

toring missions’’ means the acquisition programs necessary to

meet the national security requirements for cloud characteriza-

tion and theater weather imagery.

(3) The term ‘‘Milestone A approval’’ has the meaning given

that term in section 2366a(d) of title 10, United States Code.

SEC. 1615. FIVE-YEAR PLAN FOR JOINT INTERAGENCY COMBINED

SPACE OPERATIONS CENTER.

(a) P

LAN

.—Not later than 90 days after the date of the enact-

ment of this Act, the Secretary of Defense, in coordination with

the Director of National Intelligence, shall submit to the appropriate

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130 STAT. 2593 PUBLIC LAW 114–328—DEC. 23, 2016

congressional committees a plan for the Joint Interagency Combined

Space Operations Center for the five-year period beginning on such

date of enactment that includes—

(1) a description of the roles, responsibilities, and objective

of the Center;

(2) an estimate of funding during the period covered by

the current future-years defense program under section 221

of title 10, United States Code, needed for the Center that

includes a description of contributions from other Federal agen-

cies;

(3) an estimate of the personnel needed for the Center,

listed by military personnel, civilian personnel, and contractor

personnel, and the organization or commercial entity such per-

sonnel are representing;

(4) a description of planned activities of the Center;

(5) a description of planned use of commercial capabilities

by the Center, as appropriate;

(6) a description of how the Center will complement and

support the mission of the Joint Space Operations Center;

and

(7) a description of the command and control of the related

operations of the Joint Interagency Combined Space Operations

Center.

(b) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the congressional defense committees; and

(2) the Permanent Select Committee on Intelligence of the

House of Representatives and the Select Committee on Intel-

ligence of the Senate.

SEC. 1616. ORGANIZATION AND MANAGEMENT OF NATIONAL SECURITY

SPACE ACTIVITIES OF THE DEPARTMENT OF DEFENSE.

(a) F

INDINGS

.—Congress finds the following:

(1) National security space capabilities are a vital element

of the national defense of the United States.

(2) The advantages of the United States in national security

space are now threatened to an unprecedented degree by

growing and serious counterspace capabilities of potential for-

eign adversaries, and the space advantages of the United States

must be protected.

(3) The Department of Defense has recognized the threat

and has taken initial steps necessary to defend space, however

the organization and management may not be strategically

postured to fully address this changed domain of operations

over the long term.

(4) The defense of space is currently a priority for the

leaders of the Department, however the space mission is man-

aged within competing priorities of each of the Armed Forces.

(5) Space elements provide critical capabilities to all of

the Armed Forces in the joint fight, however the disparate

activities throughout the Department have no single leader

that is empowered to make decisions affecting the space forces

of the Department.

(b) S

ENSE OF

ONGRESS

.—It is the sense of Congress that,

to modernize and fully address the growing threat to the national

security space advantage of the United States, the Secretary of

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130 STAT. 2594 PUBLIC LAW 114–328—DEC. 23, 2016

Defense must evaluate the range of options and take further action

to strengthen the leadership, management, and organization of

the national security space activities of the Department of Defense,

including with respect to—

(1) unifying, integrating, and de-conflicting activities to

provide for stronger prioritization, accountability, coherency,

focus, strategy, and integration of the joint space program

of the Department;

(2) streamlining decision-making, limiting unnecessary

bureaucracy, and empowering the appropriate level of

authority, while enabling effective oversight;

(3) maintaining the involvement of each of the Armed

Forces and adapting the culture and improving the capabilities

of the workforce to ensure the workforce has the appropriate

training, experience, and tools to accomplish the mission; and

(4) reviewing authorities and preparing for a conflict that

could extend to space.

ECOMMENDATIONS

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense and the

Director of the Office of Management and Budget shall each sepa-

rately submit to the appropriate congressional committees rec-

ommendations to—

(1) in accordance with subsection (b), strengthen the leader-

ship, management, and organization of the Department of

Defense with respect to the national security space activities

of the Department; and

(2) address the findings covered in the report of the Comp-

troller General of the United States numbered GAO–16–592R

regarding space acquisition and oversight of the Department

of Defense.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

.—In this section,

the term ‘‘appropriate congressional committees’’ means the fol-

lowing:

(1) The congressional defense committees.

(2) The Permanent Select Committee on Intelligence of

the House of Representatives and the Select Committee on

Intelligence of the Senate.

SEC. 1617. REVIEW OF CHARTER OF OPERATIONALLY RESPONSIVE

SPACE PROGRAM OFFICE.

(a) R

EVIEW

.—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) E

LEMENTS

.—The review under subsection (a) shall include

the following:

(1) A review of the key operationally responsive space

needs with respect to the warfighter and with respect to

national security.

(2) How the Office could fit into the broader resilience

and space security strategy of the Department of Defense.

(3) An assessment of the potential of the Office to focus

on the reconstitution capabilities with small satellites using

low-cost launch vehicles and existing infrastructure.

(4) An assessment of the potential of the Office to leverage

existing or planned commercial capabilities.

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130 STAT. 2595 PUBLIC LAW 114–328—DEC. 23, 2016

(5) A review of the necessary workforce specialties and

acquisition authorities of the Office.

(6) A review of the funding profile of the Office.

(7) A review of the organizational placement and reporting

structure of the Office.

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, the Secretary shall submit to the congres-

sional defense committees a report containing the review under

subsection (a), including any recommendations for legislative actions

based on such review.

SEC. 1618. BACKUP AND COMPLEMENTARY POSITIONING, NAVIGATION,

AND TIMING CAPABILITIES OF GLOBAL POSITIONING

SYSTEM.

(a) S

TUDY

.—

(1) I

N GENERAL

.—The covered Secretaries shall jointly con-

duct a study to assess and identify the technology-neutral

requirements to backup and complement the positioning,

navigation, and timing capabilities of the Global Positioning

System for national security and critical infrastructure.

(2) R

EPORT

.—Not later than one year after the date of

the enactment of this Act, the covered Secretaries shall submit

to the appropriate congressional committees a report on the

study under paragraph (1). Such report shall include—

(A) with respect to the Department of each covered

Secretary, the identification of the respective requirements

to backup and complement the positioning, navigation, and

timing capabilities of the Global Positioning System for

national security and critical infrastructure;

(B) an analysis of alternatives to meet such require-

ments, including, at a minimum—

(i) an analysis of appropriate technology options;

(ii) an analysis of the viability of a public-private

partnership to establish a complementary positioning,

navigation, and timing system; and

(iii) an analysis of the viability of service level

agreements to operate a complementary positioning,

navigation, and timing system; and

(i) for each such Department, the estimated costs,

schedule, and system level technical considerations,

including end user equipment and integration consider-

ations; and

(ii) identification of the appropriate resourcing for

each such Department in accordance with the respec-

tive requirements of the Department, including

domestic or international requirements.

(b) S

INGLE

ESIGNATED

FFICIAL

.—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).

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the congressional defense committees;

(B) the Committee on Science, Space, and Technology,

the Committee on Transportation and Infrastructure, and

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130 STAT. 2596 PUBLIC LAW 114–328—DEC. 23, 2016

the Committee on Homeland Security of the House of Rep-

resentatives; and

Transportation and the Committee on Homeland Security

and Governmental Affairs of the Senate.

(2) The term ‘‘covered Secretaries’’ means the Secretary

of Defense, the Secretary of Transportation, and the Secretary

of Homeland Security.

SEC. 1619. REPORT ON USE OF SPACECRAFT ASSETS OF THE SPACE-

BASED INFRARED SYSTEM WIDE-FIELD-OF-VIEW PRO-

GRAM.

(a) R

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, the Secretary of Defense, in coordination

with the Director of National Intelligence, shall submit to the

appropriate congressional committees a report on the advisability

and feasibility of using available spacecraft assets of the space-

based infrared system wide-field-of-view program to satisfy other

mission requirements of the Department of Defense or the intel-

ligence community.

(b) M

ATTERS

OVERED

.—The report required by subsection (a)

shall include, at a minimum, the following:

(1) An evaluation of using the space-based infrared system

wide-field-of-view spacecraft bus for other urgent national secu-

rity space priorities.

(2) An evaluation of the cost and schedule impact, if any,

to the space-based infrared system wide-field-of-view program

if the spacecraft bus is used for another purpose.

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form, but may contain a classified annex

if necessary to protect the national security interests of the United

States.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the congressional defense committees; and

(2) the Permanent Select Committee on Intelligence of the

House of Representatives and the Select Committee on Intel-

ligence of the Senate.

SEC. 1620. PROVISION OF CERTAIN INFORMATION TO GOVERNMENT

ACCOUNTABILITY OFFICE BY NATIONAL RECONNAIS-

SANCE OFFICE.

(a) I

ENERAL

.—The Director of the National Reconnaissance

Office shall provide to the Comptroller General of the United States,

in a timely manner, access to the cost, schedule, and performance

information the Comptroller General requires to conduct assess-

ments, as required by any of the appropriate congressional commit-

tees, of programs of the National Reconnaissance Office.

(b) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the congressional defense committees; and

(2) the Select Committee on Intelligence of the Senate

and the Permanent Select Committee on Intelligence of the

House of Representatives.

50 USC 3308a.

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130 STAT. 2597 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1621. COST-BENEFIT ANALYSIS OF COMMERCIAL USE OF EXCESS

BALLISTIC MISSILE SOLID ROCKET MOTORS.

(a) I

ENERAL

.—The Comptroller General of the United States

shall conduct an analysis of the costs and benefits of allowing

the use of solid rocket motors from missiles described in section

50134(c) of title 51, United States Code, for commercial space launch

purposes. Such analysis shall include an evaluation of the effect,

if any, of allowing such use on national security, the Department

of Defense, the solid rocket motor industrial base, the commercial

space launch market, and any other areas the Comptroller General

considers appropriate.

(b) B

RIEFINGS

.—

(1) I

NTERIM BRIEFING

.—Not later than March 15, 2017,

the Comptroller General shall provide to the appropriate

congressional committees an interim briefing on the analysis

under subsection (a).

(2) F

INAL BRIEFING

.—Not later than 180 days after the

date of the enactment of this Act, the Comptroller General

shall provide to the appropriate congressional committees a

final briefing on the analysis under subsection (a).

(3) A

PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED

.—

In this subsection, the term ‘‘appropriate congressional commit-

tees’’ means the following:

(A) The congressional defense committees.

(B) The Committee on Commerce, Science, and

Transportation of the Senate and the Committee on

Science, Space, and Technology of the House of Representa-

tives.

SEC. 1622. INDEPENDENT ASSESSMENT OF GLOBAL POSITIONING

SYSTEM NEXT GENERATION OPERATIONAL CONTROL

SYSTEM.

(a) I

ENERAL

.—Not later than 60 days after the date of

the enactment of this Act, the Secretary of Defense shall seek

to enter into an arrangement with a federally funded research

and development center, or other appropriate independent entity,

to assess the acquisition strategy of the Air Force for the Global

Positioning System Next Generation Operational Control System

(in this section referred to as ‘‘OCX’’).

(b) E

LEMENTS

.—The assessment required by subsection (a) shall

include the following:

(1) An assessment of the ability of the Air Force to complete

blocks zero through two of the OCX operating system on a

schedule necessary to transition the OCX to full operation.

(2) An estimate of the cost of completing blocks zero

through two on the schedule described in paragraph (1), taking

into account—

(A) the rate of software defects;

(B) earned value management; and

(3) An assessment of the ability of the Air Force to imple-

ment contingency plans for sustaining the Global Positioning

System constellation to mitigate the effects of delays to the

implementation of the OCX and to alleviate challenges with

respect to the operations and checkout of the Global Positioning

System III satellites.

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130 STAT. 2598 PUBLIC LAW 114–328—DEC. 23, 2016

(4) An assessment of any risks to the viability and required

availability of the Global Positioning System constellation asso-

ciated with efforts to complete blocks zero through two as

described in paragraph (1) or the contingency plans described

in paragraph (3).

(5) An assessment of whether there are well-defined

methods for terminating the OCX program (including an anal-

ysis of the ability of alternative systems to satisfy the require-

ments of the Department of Defense), in the event of the

inability of the Air Force to successfully complete blocks zero

through two or other requirements for the OCX while ensuring

that the Global Positioning System constellation meets require-

ments for the availability of that System.

(6) Any other matters the entity conducting the assessment

determines appropriate.

UBMISSION

.—Not later than one year after the date of

the enactment of this Act, the Secretary shall submit to the congres-

sional defense committees a report on the results of the assessment

required by subsection (a).

Subtitle B—Defense Intelligence and

Intelligence-Related Activities

SEC. 1631. REPORT ON UNITED STATES CENTRAL COMMAND INTEL-

LIGENCE FUSION CENTER.

(a) R

EPORT ON

ROCEDURES

.—Not later than March 1, 2017,

the Commander of the United States Central Command shall

submit to the appropriate congressional committees a report on

the steps taken by the Commander to formalize and disseminate

procedures for establishing, staffing, and operating the Intelligence

Fusion Center of the United States Central Command.

(b) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the congressional defense committees; and

(2) the Permanent Select Committee on Intelligence of the

House of Representatives.

SEC. 1632. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN

RELOCATION ACTIVITIES FOR NATO INTELLIGENCE

FUSION CELL.

(a) P

ROHIBITION

.—None of the funds authorized to be appro-

priated by this Act or otherwise made available for fiscal year

2017 for operation and maintenance may be obligated or expended

for the procurement of fit-out supplies and equipment to support

the relocation of the NATO Intelligence Fusion Cell from Royal

Air Force Molesworth, United Kingdom, to Royal Air Force

Croughton, United Kingdom.

(b) R

EPORT

.—Not later than 120 days after the date of the

enactment of this Act, the Secretary of Defense, in coordination

with the Director of National Intelligence, shall submit to the

appropriate congressional committees a report on the NATO Intel-

ligence Fusion Cell that outlines—

(1) the current facility and support requirements and asso-

ciated costs, including any adjustments of such requirements

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130 STAT. 2599 PUBLIC LAW 114–328—DEC. 23, 2016

and costs, for the NATO Intelligence Fusion Cell to be located

and operationally viable at Royal Air Force Croughton; and

(2) the operational requirements of, and costs associated

with, any operations of the United States collocated with the

NATO Intelligence Fusion Cell.

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the congressional defense committees; and

(2) the Permanent Select Committee on Intelligence of the

House of Representatives and the Select Committee on Intel-

ligence of the Senate.

SEC. 1633. SURVEY AND REVIEW OF DEFENSE INTELLIGENCE ENTER-

PRISE.

(a) S

URVEY AND

EVIEW

.—

(1) I

N GENERAL

.—Not later than 120 days after the date

of the enactment of this Act, the Chairman of the Joint Chiefs

of Staff shall—

(A) review the organization, resources, and processes

of the Defense Intelligence Enterprise, including the

defense intelligence agencies and intelligence elements of

the combatant commands and military departments, to

assess the capabilities and capacity of such Enterprise,

along with the intelligence community, to meet present

and future defense intelligence requirements; and

(B) conduct a survey of each geographic combatant

command to assess—

(i) the current state of intelligence support to mili-

tary operations;

(ii) the prioritization and allocation of intelligence

resources within each combatant command; and

(iii) whether intelligence resources are balanced

between support to theater commanders and support

to operational commanders.

(2) E

LEMENTS

.—The review and survey required by para-

graph (1) shall include the following:

(A) A comprehensive assessment of the Defense Intel-

ligence Enterprise and whether such Enterprise—

(i) is organized and has resources to meet current

and future defense intelligence requirements;

(ii) is balancing resources appropriately between

operational and strategic defense intelligence require-

ments;

(iii) is responding with sufficient agility to

emerging or unexpected requirements; and

(iv) is sufficiently integrated with combatant com-

mands, subordinate commands, and joint task forces.

(B) With respect to each geographic combatant com-

mand surveyed—

(i) information on the total intelligence workforce

assigned to the combatant command, including

civilians, military, and contract personnel;

(ii) detailed information on the allocation of intel-

ligence resources to meet combatant commander prior-

ities;

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130 STAT. 2600 PUBLIC LAW 114–328—DEC. 23, 2016

(iii) detailed information on the intelligence prior-

ities of the commander of the combatant command

and intelligence resources allocated to each priority;

and

(iv) detailed information on the intelligence

resources, including personnel and assets, dedicated

to each of the following:

(I) Direct support to the combatant com-

mander.

(II) Contingency planning.

(III) Ongoing operations.

(IV) Crisis response.

(b) R

EPORT

.—

(1) S

UBMISSION

.—Not later than 270 days after the date

of the enactment of this Act, the Chairman of the Joint Chiefs

of Staff shall submit to the appropriate congressional commit-

tees and the Under Secretary of Defense for Intelligence a

report on the findings of the Chairman with respect to the

review and survey required by subsection (a)(1).

(2) C

ONTENT

.—The report required by paragraph (1) shall

include—

(A) a detailed analysis of how each combatant com-

mand uses the intelligence resources available to such com-

mand; and

(B) the recommendations of the Chairman, if any, to

improve the Defense Intelligence Enterprise to fulfill oper-

ational military requirements.

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the congressional defense committees; and

(B) the Permanent Select Committee on Intelligence

of the House of Representatives.

(2) The term ‘‘Defense Intelligence Enterprise’’ means the

organizations, infrastructure, and measures, including policies,

processes, procedures, and products, of the intelligence, counter-

intelligence, and security components of each of the following:

(A) The Department of Defense.

(B) The Joint Staff.

(D) The military departments.

(E) Other elements of the Department of Defense that

perform national intelligence, defense intelligence, intel-

ligence-related, counterintelligence, or security functions.

Subtitle C—Cyberspace-Related Matters

SEC. 1641. SPECIAL EMERGENCY PROCUREMENT AUTHORITY TO

FACILITATE THE DEFENSE AGAINST OR RECOVERY FROM

A CYBER ATTACK.

Section 1903(a)(2) of title 41, United States Code, is amended

by inserting ‘‘cyber,’’ before ‘‘nuclear,’’.

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130 STAT. 2601 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1642. LIMITATION ON TERMINATION OF DUAL-HAT ARRANGE-

MENT FOR COMMANDER OF THE UNITED STATES CYBER

COMMAND.

(a) L

IMITATION ON

ERMINATION OF

UAL

HAT

RRANGEMENT

.—

The Secretary of Defense may not terminate the dual-hat arrange-

ment until the date on which the Secretary and the Chairman

of the Joint Chiefs of Staff jointly certify to the appropriate commit-

tees of Congress that—

(1) the Secretary and the Chairman carried out the assess-

ment under subsection (b);

(2) each of the conditions described in paragraph (2)(C)

of such subsection has been met; and

(3) termination of the dual-hat arrangement will not pose

risks to the military effectiveness of the United States Cyber

Command that are unacceptable to the national security

interests of the United States.

(b) A

SSESSMENT

.—

(1) I

N GENERAL

.—The Secretary and the Chairman shall

jointly assess the military and intelligence necessity and benefit

of the dual-hat arrangement.

(2) E

LEMENTS

.—The assessment under paragraph (1) shall

include the following elements:

(A) An evaluation of the operational dependence of

the United States Cyber Command on the National Secu-

rity Agency.

(B) An evaluation of the ability of the United States

Cyber Command and the National Security Agency to carry

out their respective roles and responsibilities independ-

ently.

have been met:

(i) Robust operational infrastructure has been

deployed that is sufficient to meet the unique cyber

mission needs of the United States Cyber Command

and the National Security Agency, respectively.

(ii) Robust command and control systems and proc-

esses have been established for planning, deconflicting,

and executing military cyber operations.

(iii) The tools and weapons used in cyber oper-

ations are sufficient for achieving required effects.

(iv) Capabilities have been established to enable

intelligence collection and operational preparation of

the environment for cyber operations.

(v) Capabilities have been established to train

cyber operations personnel, test cyber capabilities, and

rehearse cyber missions.

(vi) The cyber mission force has achieved full oper-

ational capability.

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

(A) the Committee on Armed Services, the Committee

on Appropriations, and the Select Committee on Intel-

ligence of the Senate; and

(B) the Committee on Armed Services, the Committee

on Appropriations, and the Permanent Select Committee

on Intelligence of the House of Representatives.

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130 STAT. 2602 PUBLIC LAW 114–328—DEC. 23, 2016

(2) D

UAL

HAT ARRANGEMENT

.—The term ‘‘dual-hat arrange-

ment’’ means the arrangement under which the Commander

of the United States Cyber Command also serves as the Director

of the National Security Agency.

SEC. 1643. CYBER MISSION FORCES MATTERS.

(a) A

CTIONS

ENDING

ULL

MPLEMENTATION OF

LAN FOR

YBER

ISSION

ORCE

OSITIONS

.—Until the Secretary of Defense

completes implementation of the authority in subsection (a) of sec-

tion 1599f of title 10, United States Code, for United States Cyber

Command workforce positions in accordance with the implementa-

tion plan required by subsection (d) of such section, the Secretary

shall do each of the following:

(1) Notwithstanding sections 3309 through 3318 of title

5, United States Code, provide for and implement an inter-

agency transfer agreement between excepted service position

systems and competitive service position systems in military

departments and Defense Agencies concerned to satisfy the

requirements for cyber workforce positions from among a mix

of employees in the excepted service and the competitive service

in such military departments and Defense Agencies.

(2) Implement in the defense civilian cyber personnel

system a classification system commonly known as a ‘‘Rank-

in-person’’ classification system similar to such classification

system used by the National Security Agency as of the date

of the enactment of this Act.

(3) Approve direct hiring authority for cyber workforce

positions up to the GG or GS–15 level in accordance with

the criteria in section 3304 of title 5, United States Code.

(4) Notwithstanding section 5333 of title 5, United States

Code, authorize officials conducting hiring in the competitive

service for cyber workforce positions to set starting salaries

at up to a step-five level with no justification and at up to

a step-ten level with justification that meets published guide-

lines applicable to the excepted service.

(b) O

THER

ATTERS

.—The Principal Cyber Advisor, acting

through the cross-functional team established by section 932(c)(3)

of the National Defense Authorization Act for Fiscal Year 2014

(Public Law 113–66; 10 U.S.C. 2224 note) and in consultation

with the Commander of the United States Cyber Command, shall

supervise—

(1) the development of training standards for computer

network operations tool developers for military, civilian, and

contractor personnel supporting the cyber mission forces;

(2) the rapid enhancement of capacity to train personnel

to those standards to meet the needs of the cyber mission

forces for tool development; and

(3) actions necessary to ensure timely completion of per-

sonnel security investigations and adjudications of security

clearances for tool development personnel.

SEC. 1644. REQUIREMENT TO ENTER INTO AGREEMENTS RELATING

TO USE OF CYBER OPPOSITION FORCES.

(a) R

EQUIREMENT FOR

GREEMENTS

.—Not later than September

30, 2017, the Secretary of Defense shall ensure that each com-

mander of a combatant command establishes appropriate agree-

ments with the Secretary relating to the use of cyber opposition

forces. Each agreement shall require the command—

10 USC 2224

note.

10 USC 1599

note.

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130 STAT. 2603 PUBLIC LAW 114–328—DEC. 23, 2016

(1) to support a high state of mission readiness in the

command through the use of one or more cyber opposition

forces in continuous exercises and other training activities as

considered appropriate by the commander of the command;

and

(2) in conducting such exercises and training activities,

meet the standard required under subsection (b).

(b) J

OINT

TANDARD FOR

YBER

PPOSITION

ORCES

.—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.

OINT

TANDARD FOR

ROTECTION OF

ONTROL

YSTEMS

.—

Not later than June 30, 2017, the Secretary of Defense shall issue

a joint training and certification standard for the protection of

control systems for use by all cyber operations forces within the

Department of Defense. Such standard shall—

(1) provide for applied training and exercise capabilities;

and

(2) use expertise and capabilities from other departments

and agencies of the Federal Government, as appropriate.

(d) B

RIEFING

EQUIRED

.—Not later than September 30, 2017,

the Secretary of Defense shall provide to the Committees on Armed

Services of the Senate and the House of Representatives a briefing

that includes—

(1) a list of each combatant command that has established

an agreement under subsection (a);

(2) with respect to each such agreement—

(A) special conditions in the agreement placed on any

cyber opposition force used by the command;

(B) the process for making decisions about deconfliction

and risk mitigation of cyber opposition force activities in

continuous exercises and training;

certified to operate at the joint standard, as issued under

subsection (b);

(D) identification of the annual exercises that will

include participation of the cyber opposition forces; and

(E) identification of any shortfalls in resources that

may prevent annual exercises using cyber opposition forces;

and

(3) any other matters the Secretary of Defense considers

appropriate.

SEC. 1645. CYBER PROTECTION SUPPORT FOR DEPARTMENT OF

DEFENSE PERSONNEL IN POSITIONS HIGHLY VULNER-

ABLE TO CYBER ATTACK.

(a) A

UTHORITY TO

ROVIDE

YBER

ROTECTION

UPPORT

.—

(1) I

N GENERAL

.—Subject to a determination by the Sec-

retary of Defense, the Secretary may provide cyber protection

support for the personal technology devices of the personnel

described in paragraph (2).

(2) A

RISK PERSONNEL

.—The personnel described in this

paragraph are personnel of the Department of Defense—

(A) who the Secretary determines to be highly vulner-

able to cyber attacks and hostile information collection

activities because of the positions occupied by such per-

sonnel in the Department; and

10 USC 2224

note.

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130 STAT. 2604 PUBLIC LAW 114–328—DEC. 23, 2016

(B) whose personal technology devices are highly

vulnerable to cyber attacks and hostile information collec-

tion activities.

(b) N

ATURE OF

YBER

ROTECTION

UPPORT

.—Subject to the

availability of resources, the cyber protection support provided to

personnel under subsection (a) may include training, advice, assist-

ance, and other services relating to cyber attacks and hostile

information collection activities.

IMITATION ON

UPPORT

.—Nothing in this section shall be

construed—

(1) to encourage personnel of the Department of Defense

to use personal technology devices for official business; or

(2) to authorize cyber protection support for senior Depart-

ment personnel using personal devices and networks in an

official capacity.

(d) R

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, the Secretary shall submit to the Committees

on Armed Services of the Senate and the House of Representatives

a report on the provision of cyber protection support under sub-

section (a). The report shall include—

(1) a description of the methodology used to make the

determination under subsection (a)(2); and

(2) guidance for the use of cyber protection support and

tracking of support requests for personnel receiving cyber

protection support under subsection (a).

(e) P

ERSONAL

ECHNOLOGY

EVICES

EFINED

.—In this section,

the term ‘‘personal technology devices’’ means technology devices

used by Department of Defense personnel outside of the scope

of their employment with the Department and includes networks

to which such devices connect.

SEC. 1646. LIMITATION ON FULL DEPLOYMENT OF JOINT REGIONAL

SECURITY STACKS.

(a) L

IMITATION

.—The Secretary of a military department or

the head of a Defense Agency may not declare that such department

or Defense Agency has achieved full operational capability for the

deployment of joint regional security stacks until the date on

which—

(1) the department or Defense Agency concerned completes

operational test and evaluation activities to determine the

effectiveness, suitability, and survivability of the joint regional

security stacks system of such department or Defense Agency;

and

(2) written certification that such testing and evaluation

activities have been completed is provided to the Secretary

of such department or the head of such Defense Agency by

the appropriate operational test and evaluation organization

of such department or Defense Agency.

(b) W

AIVER

.—

(1) I

N GENERAL

.—The Secretary of a military department

or the head of a Defense Agency may waive the requirements

of subsection (a) if a certification described in paragraph (2)

is provided to the Secretary of Defense, and signed by—

(A) the Secretary of the military department or the

head of the Defense Agency concerned;

(B) the Director of Operational Test and Evaluation

for the Department of Defense; and

10 USC 2224

note.

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130 STAT. 2605 PUBLIC LAW 114–328—DEC. 23, 2016

of Defense.

(2) C

ERTIFICATION

.—A certification described in this sub-

section is a written certification that—

(A) the testing and evaluation activities required under

subsection (a) are unnecessary, accompanied by an expla-

nation of the reasons such activities are unnecessary;

(B) the effectiveness, suitability, and survivability of

the joint regional security stacks system of the military

department or Defense Agency concerned has been dem-

onstrated by methods other than the testing and evaluation

activities required under subsection (a), accompanied by

supporting data; or

the joint regional security stacks system of the military

department or Defense Agency concerned before the test

and evaluation activities required under subsection (a) can

be completed, accompanied by an explanation of such jus-

tification and a risk management plan.

SEC. 1647. ADVISORY COMMITTEE ON INDUSTRIAL SECURITY AND

INDUSTRIAL BASE POLICY.

(a) A

DVISORY

OMMITTEE

.—Not later than April 30, 2017, the

Secretary of Defense shall establish an advisory committee (referred

to in this section as the ‘‘Committee’’) to review, assess, and make

recommendations with respect to industrial security and industrial

base policy.

(b) D

UTIES

.—The Committee shall—

(1) review and assess—

(A) the national industrial security program for cleared

facilities and the protection of the information and net-

working systems of cleared defense contractors;

(B) policies and practices relating to physical security

and installation access at installations of the Department

of Defense;

practices, and reporting relating to the unclassified

information and networking systems of defense contractors;

(D) policies, practices, regulations, and reporting

relating to industrial base issues; and

(E) any other matters the Secretary determines to

be appropriate; and

(2) make recommendations to the Secretary based on such

review and assessment.

EMBERS

.—The Committee shall be composed of 10 mem-

bers appointed by the Secretary of Defense of which five members

shall be representatives of non-governmental entities and five mem-

bers shall be representatives of departments or agencies of the

Federal Government.

(d) M

EETINGS

.—The Committee shall meet not less often than

once annually until the date on which the Committee terminates

under subsection (e).

(e) T

ERMINATION

.—The Committee shall terminate on Sep-

tember 30, 2022.

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130 STAT. 2606 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1648. CHANGE IN NAME OF NATIONAL DEFENSE UNIVERSITY’S

INFORMATION RESOURCES MANAGEMENT COLLEGE TO

COLLEGE OF INFORMATION AND CYBERSPACE.

(a) I

ENERAL

.—Section 2165(b)(5) of title 10, United States

Code, is amended by striking ‘‘Information Resources Management

College’’ and inserting ‘‘College of Information and Cyberspace’’.

(b) R

EFERENCES

.—Any reference in any law, regulation, docu-

ment, record, or other paper of the United States to the Information

Resources Management College shall be considered to be a reference

to the College of Information and Cyberspace.

SEC. 1649. EVALUATION OF CYBER VULNERABILITIES OF F–35 AIR-

CRAFT AND SUPPORT SYSTEMS.

(a) E

VALUATION AND

EPORT

.—

(1) E

VALUATION

.—Not later than 120 days after the date

of the enactment of this Act, the Secretary of Defense shall

complete an evaluation of the cyber vulnerabilities of the F–

35 aircraft and the support systems of the aircraft under section

1647(a)(1) of the National Defense Authorization Act for Fiscal

Year 2016 (Public Law 114–92; 129 Stat. 1118).

(2) R

EPORT

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary shall submit to the

congressional defense committees a report on the evaluation

completed under paragraph (1) that includes—

(A) the findings of the Secretary with respect to the

evaluation;

(B) identification of any major information assurance

deficiencies relating to the F–35 aircraft or the support

systems of the aircraft (including the autonomic logistics

information system); and

35 aircraft and the support systems of the aircraft.

(3) W

AIVER PROHIBITED

.—Notwithstanding section

1647(a)(2) of the National Defense Authorization Act for Fiscal

Year 2016 (Public Law 114–92; 129 Stat. 1118), the Secretary

may not waive the requirements of paragraphs (1) and (2).

(b) T

OOLS AND

OLUTIONS FOR

SSESSING AND

ITIGATING

YBER

ULNERABILITIES

.—Section 1647 of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129

Stat. 1118) is amended—

(1) by redesignating subsections (d) and (e) as subsections

(e) and (f), respectively; and

(2) by inserting after subsection (c) the following new sub-

section:

‘‘(d) T

OOLS AND

OLUTIONS FOR

SSESSING AND

ITIGATING

YBER

ULNERABILITIES

.—In addition to carrying out the evaluation

of cyber vulnerabilities of major weapon systems of the Department

under this section, the Secretary may—

‘‘(1) develop tools to improve the detection and evaluation

of cyber vulnerabilities;

‘‘(2) conduct non-recurring engineering for the design of

solutions to mitigate cyber vulnerabilities; and

‘‘(3) establish Department-wide information repositories to

share findings relating to the evaluation and mitigation of

cyber vulnerabilities.’’.

10 USC 2224

note.

10 USC 2165

note.

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130 STAT. 2607 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1650. EVALUATION OF CYBER VULNERABILITIES OF DEPART-

MENT OF DEFENSE CRITICAL INFRASTRUCTURE.

(a) P

LAN FOR

VALUATION

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary shall submit to

the congressional defense committees a plan for the evaluation

of the cyber vulnerabilities of the critical infrastructure of the

Department of Defense.

(2) E

LEMENTS

.—The plan under paragraph (1) shall

include—

(A) an identification of each of the military installations

to be evaluated; and

(B) an estimate of the cost of the evaluation.

(3) P

RIORITY IN EVALUATION

.—The plan under paragraph

(1) shall prioritize the evaluation of military installations based

on the criticality of the infrastructure supporting such installa-

tions, as determined by the Chairman of the Joint Chiefs of

Staff based on an assessment of—

(A) the Armed Forces stationed at such military

installations; and

(B) threats to such military installations.

(4) I

NTEGRATION WITH OTHER EFFORTS

.—The plan under

paragraph (1) shall build upon other efforts of Department

of Defense relating to the identification and mitigation of cyber

vulnerabilities of major weapon systems and critical infrastruc-

ture of the Department and shall not duplicate such efforts.

(b) P

ILOT

ROGRAM

.—

(1) I

N GENERAL

.—Not later than 30 days after the date

on which the Secretary submits the plan under subsection

(a), the Secretary, acting through a covered research laboratory,

shall initiate a pilot program under which the Secretary shall

assess the feasibility and advisability of applying new, innova-

tive methodologies or engineering approaches—

(A) to improve the defense of control systems against

cyber attacks;

(B) to increase the resilience of military installations

against cybersecurity threats;

sequence cyber attacks; and

(D) to inform future requirements for the development

of such control systems.

(2) L

OCATIONS

.—The Secretary shall carry out the pilot

program under paragraph (1) at not fewer than two military

installations selected by the Secretary from among military

installations that support the most critical mission-essential

functions of the Department of Defense as identified in the

plan under subsection (a).

(3) T

OOLS

.—In carrying out the pilot program under para-

graph (1), the Secretary may use tools and solutions developed

under subsection (e).

(4) R

EPORT

.—Not later than December 31, 2019, the Sec-

retary shall submit to the congressional defense committees

a final report on the pilot program that includes—

(A) a description of the activities carried out under

the pilot program at each military installation concerned;

(B) an assessment of the value of the methodologies

or tools applied during the pilot program in increasing

10 USC 2224

note.

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130 STAT. 2608 PUBLIC LAW 114–328—DEC. 23, 2016

the resilience of military installations against cybersecurity

threats;

actions to improve the ability of the Department to employ

methodologies and tools for reducing cyber vulnerabilities

in other activities of the Department of Defense; and

(D) recommendations for including such methodologies

or tools as requirements for relevant activities, including

technical requirements for systems or military construction

projects.

(5) T

ERMINATION

.—The authority of the Secretary to carry

out the pilot program under this subsection shall terminate

on September 30, 2019.

VALUATION

.—

(1) I

N GENERAL

.—Not later than December 31, 2020, the

Secretary shall complete an evaluation of the cyber

vulnerabilities of the critical infrastructure of the Department

of Defense in accordance with the plan under subsection (a).

(2) R

ISK MITIGATION STRATEGIES

.—The Secretary shall

develop strategies for mitigating the risks of cyber

vulnerabilities identified in the course of the evaluation under

paragraph (1).

(d) S

TATUS ON

ROGRESS

.—The Secretary shall include in each

quarterly cyber operations briefing submitted to Congress under

section 484 of title 10, United States Code, a summary of any

activities carried out as part of—

(1) the pilot program under subsection (b); or

(2) the evaluation under subsection (c).

(e) T

OOLS AND

OLUTIONS

.—The Secretary may—

(1) develop tools that improve assessments of cyber

vulnerabilities of Department of Defense critical infrastructure;

(2) conduct non-recurring engineering for the design of

mitigation solutions for such vulnerabilities; and

(3) establish Department-wide information repositories to

share findings relating to such assessments and to share such

mitigation solutions.

(f) D

EFINITIONS

.—In this section:

(1) C

RITICAL INFRASTRUCTURE OF THE DEPARTMENT OF

DEFENSE

.—The term ‘‘critical infrastructure of the Department

of Defense’’ means any asset of the Department of Defense

of such extraordinary importance to the functioning of the

Department and the operation of the Armed Forces that the

incapacitation or destruction of such asset by a cyber attack

would have a debilitating effect on the ability of the Department

to fulfill its missions.

(2) C

OVERED RESEARCH LABORATORY

.—The term ‘‘covered

research laboratory’’ means—

(A) a research laboratory of the Department of Defense;

(B) a research laboratory of the Department of Energy

approved by the Secretary of Energy to carry out the pilot

program under subsection (b).

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130 STAT. 2609 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1651. STRATEGY TO INCORPORATE ARMY RESERVE COMPONENT

CYBER PROTECTION TEAMS INTO DEPARTMENT OF

DEFENSE CYBER MISSION FORCE.

(a) S

TRATEGY

EQUIRED

.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of the Army

shall provide to the Committees on Armed Services of the Senate

and the House of Representatives a briefing on a strategy for

incorporating reserve component cyber protection teams into the

cyber mission force of the Department of Defense.

(b) E

LEMENTS OF

TRATEGY

.—The strategy required by sub-

section (a) shall include, at minimum, the following:

(1) A timeline for incorporating reserve component cyber

protection teams into the cyber mission force of the Department

of Defense, including a timeline for the appropriate training

of such teams.

(2) Identification of the specific reserve component cyber

protection teams to be incorporated into the cyber mission

force of the Department of Defense.

(3) An assessment of how the incorporation of reserve

component cyber protection teams into the cyber mission force

of the Department of Defense might be used to enhance readi-

ness through improved individual and collective training

capabilities.

(4) A status report on the progress of the Army in issuing

additional guidance that clarifies how reserve component cyber

protection teams of the Army National Guard can support

State and civil operations in National Guard status under

title 32, United States Code.

(5) Other matters as considered appropriate by the Sec-

retary of the Army.

ESERVE

OMPONENT

YBER

ROTECTION

EAMS

EFINED

.—

In this section, the term ‘‘reserve component cyber protection teams’’

means cyber protection teams of—

(1) the Army National Guard; and

(2) the other reserve components of the Army.

SEC. 1652. STRATEGIC PLAN FOR THE DEFENSE INFORMATION SYS-

TEMS AGENCY.

(a) S

TRATEGIC

LAN

EQUIRED

.—Not later than 180 days after

the date of the enactment of this Act and not less often than

once every 2 fiscal years thereafter until September 30, 2022, the

Director of the Defense Information Systems Agency, in consultation

with the Under Secretary of Defense for Acquisition, Technology,

and Logistics and the Chief Information Officer of the Department

of Defense, shall develop or update, as appropriate, a strategic

plan for the Agency that includes—

(1) a comprehensive review of the requirements and mission

of the Agency with respect to research, development, test, and

evaluation; and

(2) an assessment of the adequacy of the activities, facili-

ties, workforce, and resources of the Agency in meeting such

requirements and fulfilling such mission.

(b) C

OVERED

ERIOD

.—Each strategic plan under subsection

(a) shall cover the period of five fiscal years beginning with the

fiscal year in which the plan is developed or updated.

LEMENTS

.—Each strategic plan under subsection (a) shall

include the following elements:

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130 STAT. 2610 PUBLIC LAW 114–328—DEC. 23, 2016

(1) A statement of the mission of the Defense Information

Systems Agency that—

(A) addresses the critical operations and functions car-

ried out by the Agency; and

(B) includes an assessment of projected changes to

such operations and functions for the period covered by

the plan.

(2) An assessment of the personnel, facilities, and research,

development, test, and evaluation requirements of the Depart-

ment of Defense that are needed to support the operations

of the Agency for the period covered by the plan.

(3) An identification of performance metrics for measuring

the successful achievement of objectives for the period covered

by the plan.

(4) An assessment of the programs and plans of the Agency

with respect to research, development, test, and evaluation,

including the projected resources, personnel, and supporting

infrastructure needed to carry out such programs and plans.

(5) An assessment of the facilities and resources of the

Agency that are used for research, development, test, and

evaluation activities.

(6) A description of the plans and business case analyses

supporting any significant modifications to the facilities,

workforce, and resources of the Agency (including any modifica-

tions involving the expansion, divestment, consolidation, or

curtailment of activities) that are proposed, projected, or rec-

ommended by the Director.

(7) Any other matters determined to be appropriate by

the Director.

SEC. 1653. PLAN FOR INFORMATION SECURITY CONTINUOUS MONI-

TORING CAPABILITY AND COMPLY-TO-CONNECT POLICY;

LIMITATION ON SOFTWARE LICENSING.

(a) I

NFORMATION

ECURITY

ONITORING

LAN AND

OLICY

.—

(1) P

LAN AND POLICY

.—The Chief Information Officer of

the Department of Defense and the Commander of the United

States Cyber Command shall jointly develop—

(A) a plan for a modernized, Department-wide auto-

mated information security continuous monitoring capa-

bility that includes—

(i) a proposed information security architecture for

the capability;

(ii) a concept of operations for the capability; and

(iii) requirements with respect to the functionality

and interoperability of the tools, sensors, systems, proc-

esses, and other components of the continuous moni-

toring capability; and

(B) a comply-to-connect policy that requires systems

to automatically comply with the configurations of the net-

works of the Department as a condition of connecting to

such networks.

(2) C

ONSULTATION

.—In developing the plan and policy

under paragraph (1), the Chief Information Officer and the

Commander shall consult with the Principal Cyber Advisor

to the Secretary of Defense.

(3) I

MPLEMENTATION

.—The Chief Information Officer and

the Commander shall each issue such directives as they each

10 USC 2224

note.

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130 STAT. 2611 PUBLIC LAW 114–328—DEC. 23, 2016

consider appropriate to ensure compliance with the plan and

policy developed under paragraph (1).

(4) I

NCLUSION IN BUDGET MATERIALS

.—The Secretary of

Defense shall include funding and program plans relating to

the plan and policy under paragraph (1) in the budget materials

submitted by the Secretary in support of the budget of the

President for fiscal year 2019 (as submitted to Congress under

section 1105(a) of title 31, United States Code).

(5) I

NTEGRATION WITH OTHER CAPABILITIES

.—The Chief

Information Officer and the Commander shall ensure that

information generated through automated and automation-

assisted processes for continuous monitoring, asset manage-

ment, and comply-to-connect policies and processes shall be

accessible and usable in machine-readable form to appropriate

cyber protection teams and computer network defense service

providers.

(6) S

OFTWARE LICENSE COMPLIANCE MATTERS

.—The plan

and policy required by paragraph (1) shall comply with the

software license inventory requirements of the plan issued

pursuant to section 937 of the National Defense Authorization

Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2223

note) and updated pursuant to section 935 of the National

Defense Authorization Act for Fiscal Year 2014 (Public Law

113–66; 10 U.S.C. 2223 note).

(b) L

IMITATION ON

UTURE

OFTWARE

ICENSING

.—

(1) I

N GENERAL

.—Subject to paragraph (2), none of the

funds authorized to be appropriated by this Act or otherwise

made available for fiscal year 2017 or any fiscal year thereafter

for the Department of Defense may be obligated or expended

on a contract for a software license with a cost of more than

$5,000,000 in a fiscal year unless the Department is able,

through automated means—

(A) to count the number of such licenses in use; and

(B) to determine the security status of each instance

of use of the software licensed.

(2) E

FFECTIVE DATE

.—Paragraph (1) shall apply—

(A) beginning on January 1, 2018, with respect to

any contract entered into by the Secretary of Defense on

or after such date for the licensing of software; and

(B) beginning on January 1, 2020, with respect to

any contract entered into by the Secretary for the licensing

of software that was in effect on December 31, 2017.

SEC. 1654. REPORTS ON DETERRENCE OF ADVERSARIES IN CYBER-

SPACE.

(a) R

EPORT OF THE

ECRETARY OF

EFENSE

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense, in

consultation with the Chairman of the Joint Chiefs of Staff,

shall submit to the President and the congressional defense

committees a report on the military and nonmilitary options

available to the United States for deterring and responding

to imminent threats in cyberspace and malicious cyber activities

carried out against the United States by foreign governments

and terrorist organizations.

(2) E

LEMENTS

.—The report under paragraph (1) shall

include the following:

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130 STAT. 2612 PUBLIC LAW 114–328—DEC. 23, 2016

(A) A description of the military and nonmilitary

options described in paragraph (1), including citations to

relevant provisions of law, regulation, or directives or other

policy documents of the Federal Government.

(B) Descriptions of relevant authorities, rules of

engagement, command and control structures, and response

plans relating to such options, including—

(i) authorities that have been delegated by the

President to the Secretary of Defense for the conduct

of cyber operations;

(ii) operational authorities delegated by the Sec-

retary to the Commander of the United States Cyber

Command for military cyber operations;

(iii) identification of how the law of war applies

to cyber operations of the Department of Defense;

(iv) an assessment of the effectiveness of each such

option; and

(v) an integrated priorities list for cyber deterrence

capabilities of the Department of Defense that identi-

fies, at a minimum, high priority capability needs

prioritized by armed force, function, risk areas, and

long-term strategic planning issues.

(b) R

EPORT OF THE

RESIDENT

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

on which the Secretary of Defense submits the report under

subsection (a), the President shall submit to the congressional

defense committees a report describing the types of actions

carried out in cyberspace against the United States that may

warrant a military response.

(2) E

LEMENTS

.—The report under paragraph (1) shall

include the following:

(A) Discussion of the types of actions carried out in

cyberspace that may warrant a military response or oper-

ation.

(B) A description of the role of the military in

responding to acts of aggression in cyberspace against the

United States.

a military response to a cyber attack against the United

States.

(D) A plan for articulating a declaratory policy on

the use of cyber weapons by the United States.

SEC. 1655. SENSE OF CONGRESS ON CYBER RESILIENCY OF THE NET-

WORKS AND COMMUNICATIONS SYSTEMS OF THE

NATIONAL GUARD.

It is the sense of Congress that, to the greatest extent prac-

ticable, the National Guard should continuously seek ways to

improve, expand, and provide resources for its communications

and networking systems to enhance the performance and resilience

of such systems in the face of cyber attacks, disruptions, and other

threats.

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130 STAT. 2613 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle D—Nuclear Forces

SEC. 1661. IMPROVEMENTS TO COUNCIL ON OVERSIGHT OF NATIONAL

LEADERSHIP COMMAND, CONTROL, AND COMMUNICA-

TIONS SYSTEM.

(a) R

ESPONSIBILITIES

.—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) E

NSURING

APABILITIES

.—Such section is further

amended—

(1) by redesignating subsection (i) as subsection (k); and

(2) by inserting after subsection (h) the following new sub-

sections:

‘‘(i) R

EPORTS ON

PACE

RCHITECTURE

EVELOPMENT

.—(1) Not

less than 90 days before each of the dates on which a system

described in paragraph (2) achieves Milestone A or Milestone B

approval, the Under Secretary of Defense for Acquisitions, Tech-

nology, and Logistics shall submit to the congressional defense

committees a report prepared by the Council detailing the implica-

tions of any changes to the architecture of such a system with

respect to the systems, capabilities, and programs covered under

subsection (d).

‘‘(2) A system described in this paragraph is any of the fol-

lowing:

‘‘(A) Advanced extremely high frequency satellites.

‘‘(B) The space-based infrared system.

‘‘(C) The integrated tactical warning and attack assessment

system and its command and control system.

‘‘(D) The enhanced polar system.

‘‘(3) In this subsection, the terms ‘Milestone A approval’ and

‘Milestone B approval’ have the meanings given such terms in

section 2366(e) of this title.

‘‘(j) N

OTIFICATION OF

EDUCTION OF

ERTAIN

ARNING

IME

.—

(1) None of the funds authorized to be appropriated or otherwise

made available to the Department of Defense for any fiscal year

may be used to change any command, control, and communications

system described in subsection (d)(1) in a manner that reduces

the warning time provided to the national leadership of the United

States with respect to a warning of a strategic missile attack

on the United States unless—

‘‘(A) the Secretary of Defense notifies the congressional

defense committees of such proposed change and reduction;

and

‘‘(B) a period of one year elapses following the date of

such notification.

‘‘(2) Not later than March 1, 2017, and each year thereafter,

the Council shall determine whether the integrated tactical warning

and attack assessment system and its command and control system

have met all warfighter requirements for operational availability,

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130 STAT. 2614 PUBLIC LAW 114–328—DEC. 23, 2016

survivability, and endurability. If the Council determines that such

systems have not met such requirements, the Secretary of Defense

and the Chairman of the Joint Chiefs of Staff shall jointly submit

to the congressional defense committees—

‘‘(A) an explanation for such negative determination;

‘‘(B) a description of the mitigations that are in place or

being put in place as a result of such negative determination;

and

‘‘(C) the plan of the Secretary and the Chairman to ensure

that the Council is able to make a positive determination in

the following year.’’.

EPORTING

EQUIREMENTS

.—Subsection (e) of such section

is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘At

the same time’’ and all that follows through ‘‘title 31,’’ and

inserting the following: ‘‘During the period preceding January

31, 2021, at the same time each year that the budget of the

President is submitted to Congress pursuant to section 1105(a)

of title 31, and from time to time after such period at the

discretion of the Council,’’; and

(2) by adding at the end the following new paragraph:

‘‘(6) An assessment of the readiness of the command, con-

trol, and communications system for the national leadership

of the United States and of each layer of the system, as that

layer relates to nuclear command, control, and communica-

tions.’’.

SEC. 1662. TREATMENT OF CERTAIN SENSITIVE INFORMATION BY

STATE AND LOCAL GOVERNMENTS.

(a) S

PECIAL

UCLEAR

ATERIAL

.—

(1) I

N GENERAL

.—Section 128 of title 10, United States

Code, is amended by adding at the end the following new

subsection:

‘‘(d) Information that the Secretary prohibits to be disseminated

pursuant to subsection (a) that is provided to a State or local

government shall remain under the control of the Department of

Defense, and a State or local law authorizing or requiring a State

or local government to disclose such information shall not apply

to such information.’’.

(2) C

ONFORMING AMENDMENT

.—The heading of such section

is amended by striking ‘‘Physical protection’’ and inserting

‘‘Control and physical protection’’.

(3) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 3 of such title is amended by striking

the item relating to section 128 and inserting the following

new item:

‘‘128. Control and physical protection of special nuclear material: limitation on dis-

semination of unclassified information.’’.

(b) C

RITICAL

NFRASTRUCTURE

ECURITY

NFORMATION

.—Section

130e of such title is amended—

(1) by transferring subsection (c) to the end of such section

and redesignating such subsection, as so transferred, as sub-

section (f); and

(2) by striking subsection (b) and inserting the following

new subsections:

‘‘(b) D

ESIGNATION OF

EPARTMENT OF

EFENSE

RITICAL

NFRA

STRUCTURE

ECURITY

NFORMATION

.—In addition to any other

10 USC 121 prec.

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130 STAT. 2615 PUBLIC LAW 114–328—DEC. 23, 2016

authority or requirement regarding protection from dissemination

of information, the Secretary may designate information as being

Department of Defense critical infrastructure security information,

including during the course of creating such information, to ensure

that such information is not disseminated without authorization.

Information so designated is subject to the determination process

under subsection (a) to determine whether to exempt such informa-

tion from disclosure described in such subsection.

‘‘(c) I

NFORMATION

ROVIDED TO

TATE AND

OCAL

OVERN

MENTS

.—(1) Department of Defense critical infrastructure security

information covered by a written determination under subsection

(a) or designated under subsection (b) that is provided to a State

or local government shall remain under the control of the Depart-

ment of Defense.

‘‘(2)(A) A State or local law authorizing or requiring a State

or local government to disclose Department of Defense critical infra-

structure security information that is covered by a written deter-

mination under subsection (a) shall not apply to such information.

‘‘(B) If a person requests pursuant to a State or local law

that a State or local government disclose information that is des-

ignated as Department of Defense critical infrastructure security

information under subsection (b), the State or local government

shall provide the Secretary an opportunity to carry out the deter-

mination process under subsection (a) to determine whether to

exempt such information from disclosure pursuant to subparagraph

(A).’’.

SEC. 1663. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF INTER-

CONTINENTAL BALLISTIC MISSILE FUZES.

(a) A

VAILABILITY OF

UNDS

.—Notwithstanding section 1502(a)

of title 31, United States Code, of the amount authorized to be

appropriated for fiscal year 2017 by section 101 and available

for Missile Procurement, Air Force, as specified in the funding

table in section 4101, $17,095,000 shall be available for the procure-

ment of covered parts pursuant to contracts entered into under

section 1645(a) of the Carl Levin and Howard P. ‘‘Buck’’ McKeon

National Defense Authorization Act for Fiscal Year 2015 (Public

Law 113–291; 128 Stat. 3651).

(b) C

OVERED

ARTS

EFINED

.—In this section, the term ‘‘cov-

ered parts’’ means commercially available off-the-shelf items as

defined in section 104 of title 41, United States Code.

SEC. 1664. PROHIBITION ON AVAILABILITY OF FUNDS FOR MOBILE

VARIANT OF GROUND-BASED STRATEGIC DETERRENT

MISSILE.

None of the funds authorized to be appropriated by this Act

or otherwise made available for any of fiscal years 2017 or 2018

may be obligated or expended to retain the option for, or develop,

a mobile variant of the ground-based strategic deterrent missile.

SEC. 1665. LIMITATION ON AVAILABILITY OF FUNDS FOR EXTENSION

OF NEW START TREATY.

(a) L

IMITATION

.—None of the funds authorized to be appro-

priated by this Act or otherwise made available for fiscal year

2017 or any other fiscal year for the Department of Defense may

be obligated or expended to extend the New START Treaty unless—

(1) the Chairman of the Joint Chiefs of Staff submits the

report under subsection (b);

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130 STAT. 2616 PUBLIC LAW 114–328—DEC. 23, 2016

(2) the Director of National Intelligence submits the

National Intelligence Estimate under subsection (c)(2); and

(3) a period of 120 days elapses following the submission

of both the report and the National Intelligence Estimate.

(b) R

EPORT

.—The Chairman of the Joint Chiefs of Staff shall

submit to the appropriate congressional committees a report

detailing the following:

(1) The impacts on the nuclear forces and force planning

of the United States with respect to a State Party to the

New START Treaty developing a capability to conduct a rapid

reload of its ballistic missiles.

(2) Whether any State Party to the New START Treaty

has significantly increased its upload capability with non-

deployed nuclear warheads and the degree to which such

developments impact crisis stability and the nuclear forces,

force planning, use concepts, and deterrent strategy of the

United States.

(3) The extent to which non-treaty-limited nuclear or stra-

tegic conventional systems pose a threat to the United States

or the allies of the United States.

(4) The extent to which violations of arms control treaty

and agreement obligations pose a risk to the national security

of the United States and the allies of the United States,

including the perpetuation of violations ongoing as of the date

of the enactment of this Act, as well as potential further viola-

tions.

(5) The extent to which—

(A) the ‘‘escalate-to-deescalate’’ nuclear use doctrine

of the Russian Federation is deterred under the current

nuclear force structure, weapons capabilities, and declara-

tory policy of the United States; and

(B) deterring the implementation of such a doctrine

has been integrated into the war plans of the United States.

(6) The status of the nuclear weapons, nuclear weapons

infrastructure, and nuclear command and control modernization

activities of the United States, and the impact such status

has on plans to—

(A) implement the reduction of the nuclear weapons

of the United States; or

(B) further reduce the numbers and types of such

weapons.

(7) Whether, and if so, the reasons that, the New START

Treaty, and the extension of the treaty as of the date of the

report, is in the national security interests of the United States.

ATIONAL

NTELLIGENCE

STIMATE

.—

(1) P

RODUCTION

.—The Director of National Intelligence

shall produce a National Intelligence Estimate on the following:

(A) The nuclear forces and doctrine of the Russian

Federation.

(B) The nuclear weapons research and production capa-

bility of Russia.

control obligations (including treaties, agreements, and

other obligations).

(D) The doctrine of Russia with respect to targeting

adversary critical infrastructure and the relationship

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130 STAT. 2617 PUBLIC LAW 114–328—DEC. 23, 2016

between such doctrine and other Russian war planning,

including, at a minimum, ‘‘escalate-to-deescalate’’ concepts.

(2) S

UBMISSION

.—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) D

EFINITIONS

.—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

of the House of Representatives and the Select Committee

on Intelligence of the Senate.

(2) The term ‘‘New START Treaty’’ means the Treaty

between the United States of America and the Russian Federa-

tion on Measures for the Further Reduction and Limitation

of Strategic Offensive Arms, signed on April 8, 2010, and

entered into force on February 5, 2011.

SEC. 1666. CERTIFICATIONS REGARDING INTEGRATED TACTICAL

WARNING AND ATTACK ASSESSMENT MISSION OF THE AIR

FORCE.

(a) A

NNUAL

ERTIFICATION

.—Not later than March 31, 2017,

and each year thereafter through 2020, the Commander of the

United States Strategic Command shall certify to the Secretary

of Defense and the congressional defense committees that—

(1) the Air Force is appropriately organized, staffed,

trained, and equipped to carry out the portions of the integrated

tactical warning and attack assessment mission assigned to

the Air Force that are survivable and endurable; and

(2) the programs and plans of the Air Force for sustaining,

modernizing, training, and exercising capabilities relating to

such mission are sufficient to ensure the success of the mission.

(b) I

NABILITY TO

ERTIFY

.—If the Commander does not make

a certification under subsection (a) by March 31 of any year in

which a certification is required under such subsection, the Sec-

retary of the Air Force shall take immediate actions to consolidate

all terrestrial and aerial components of the integrated tactical

warning and attack assessment system of the Air Force that are

survivable and endurable under the major command of the Air

Force commanded by the single general officer that is responsible

for all aspects of the Air Force nuclear mission, as described by

Air Force Program Action Directive D16–01 dated August 2, 2016.

ULE OF

ONSTRUCTION

.—Nothing in this section may be

construed to affect any responsibilities and authorities relating

to the integrated tactical warning and attack assessment system

in effect on the date of the enactment of this Act pursuant to

the Agreement Between the Government of the United States of

America and the Government of Canada on the North American

Aerospace Defense Command and the terms of reference for the

North American Aerospace Defense Command.

10 USC 2431

note.

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130 STAT. 2618 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1667. MATTERS RELATING TO INTERCONTINENTAL BALLISTIC

MISSILES.

(a) P

ROHIBITION

.—

(1) I

N GENERAL

.—Except as provided by paragraph (2),

none of the funds authorized to be appropriated by this Act

or otherwise made available for fiscal year 2017 for the Depart-

ment of Defense shall be obligated or expended for—

(A) reducing, or preparing to reduce, the responsiveness

or alert level of the intercontinental ballistic missiles of

the United States; or

(B) reducing, or preparing to reduce, the quantity of

deployed intercontinental ballistic missiles of the United

States to a number less than 400.

(2) E

XCEPTION

.—The prohibition in paragraph (1) shall not

apply to any of the following activities:

(A) The maintenance or sustainment of interconti-

nental ballistic missiles.

(B) Ensuring the safety, security, or reliability of inter-

continental ballistic missiles.

nental ballistic missiles that are carried out in compliance

with—

(i) the limitations of the New START Treaty (as

defined in section 494(a)(2)(D) of title 10, United States

Code); and

(ii) section 1644 of the Carl Levin an Howard

P. ‘‘Buck’’ McKeon National Defense Authorization Act

for Fiscal Year 2015 (Public Law 113–291; 128 Stat.

3651; 10 U.S.C. 494 note).

(b) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 60 days after the date

of the enactment of this Act, the Secretary of the Air Force

and the Chairman of the Nuclear Weapons Council shall submit

to the congressional defense committees a report regarding

efforts to carry out section 1057 of the National Defense

Authorization Act for Fiscal Year 2014 (Public Law 113–66;

10 U.S.C. 495 note).

(2) E

LEMENTS

.—The report under paragraph (1) shall

include the following with respect to the period of the expected

lifespan of the Minuteman III system:

(A) The number of nuclear warheads required to sup-

port the capability to redeploy multiple independently re-

targetable reentry vehicles across the full intercontinental

ballistic missile fleet.

(B) The current and planned (through 2030) readiness

state of nuclear warheads intended to support the capa-

bility to redeploy multiple independently retargetable

reentry vehicles across the full intercontinental ballistic

missile fleet, including which portion of the active or inac-

tive stockpile such warheads are classified within.

of components or subsystems required to redeploy multiple

independently retargetable reentry vehicles across the full

intercontinental ballistic missile fleet, including the plans

or industrial capability and capacity to produce more such

components or subsystems, if needed.

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130 STAT. 2619 PUBLIC LAW 114–328—DEC. 23, 2016

(D) The current and planned (through 2030) time

required to commence redeployment of multiple independ-

ently retargetable reentry vehicles across the interconti-

nental ballistic missile fleet, including the time required

to finish deployment across the full fleet.

(E) The estimated cost of maintaining the capability

and warheads required to redeploy multiple independently

retargetable reentry vehicles across the full interconti-

nental ballistic missile fleet.

SEC. 1668. REQUESTS FOR FORCES TO MEET SECURITY REQUIRE-

MENTS FOR LAND-BASED NUCLEAR FORCES.

(a) E

XPEDITED

ECISION FOR

ECURING

AND

BASED

ISSILE

IELDS

.—To mitigate any risk posed to the nuclear forces of the

United States by the failure to replace the UH–1N helicopter,

the Secretary of Defense shall, in consultation with the Chairman

of the Joint Chiefs of Staff—

(1) decide if the land-based missile fields using UH–1N

helicopters meet security requirements and if there are any

shortfalls or gaps in meeting such requirements;

(2) not later than 30 days after the date of the enactment

of this Act, submit to Congress a report on the decision relating

to a request for forces required by paragraph (1); and

(3) if the Chairman determines the implementation of the

decision to be warranted to mitigate any risk posed to the

nuclear forces of the United States—

(A) not later than 60 days after such date of enactment,

implement that decision; or

(B) if the Secretary cannot implement that decision

during the period specified in subparagraph (A), not later

than 45 days after such date of enactment, submit to

Congress a report that includes a proposal for the date

by which the Secretary can implement that decision and

a plan to carry out that proposal.

(b) L

IMITATION

.—Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2017 for

the travel and representational expenses of the Under Secretary

of Defense for Acquisition, Technology, and Logistics, not more

than 75 percent may be obligated or expended until the date on

which the Under Secretary certifies to the congressional defense

committees that there is a acquisition process in place to ensure

that a UH–1N replacement aircraft is under contract in fiscal

year 2018.

SEC. 1669. REPORT ON RUSSIAN AND CHINESE POLITICAL AND MILI-

TARY LEADERSHIP SURVIVABILITY, COMMAND AND CON-

TROL, AND CONTINUITY OF GOVERNMENT PROGRAMS

AND ACTIVITIES.

(a) R

EPORT

.—Not later than January 15, 2017, the Director

of National Intelligence shall submit to the appropriate congres-

sional committees, consistent with the protection of sources and

methods, a report on the leadership survivability, command and

control, and continuity of government programs and activities with

respect to the People’s Republic of China and the Russian Federa-

tion, respectively. The report shall include the following:

(1) The goals and objectives of such programs and activities

of each respective country.

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130 STAT. 2620 PUBLIC LAW 114–328—DEC. 23, 2016

(2) An assessment of how such programs and activities

fit into the political and military doctrine and strategy of each

respective country.

(3) An assessment of the size and scope of such activities,

including the location and description of above-ground and

underground facilities important to the political and military

leadership survivability, command and control, and continuity

of government programs and activities of each respective

country.

(4) An identification of which facilities various senior polit-

ical and military leaders of each respective country are expected

to operate out of during crisis and wartime.

(5) A technical assessment of the political and military

means and methods for command and control in wartime of

each respective country.

(6) An identification of key officials and organizations of

each respective country involved in managing and operating

such facilities, programs, and activities, including the command

structure for each organization involved in such programs and

activities.

(7) An assessment of how senior leaders of each respective

country measure the effectiveness of such programs and activi-

ties.

(8) An estimate of the annual cost of such programs and

activities.

(9) An assessment of the degree of enhanced survivability

such programs and activities can be expected to provide in

various military scenarios ranging from limited conventional

conflict to strategic nuclear employment.

(10) An assessment of the type and extent of foreign assist-

ance, if any, in such programs and activities.

(11) An assessment of the status and the effectiveness

of the intelligence collection of the United States on such pro-

grams and capabilities, and any gaps in such collection.

(12) Any other matters the Director determines appro-

priate.

(b) C

OUNCIL

SSESSMENT

.—Not later than 90 days after the

date on which the Director submits the report under subsection

(a), the Council on Oversight of the National Leadership Command,

Control, and Communications System established by section 171a

of title 10, United States Code, shall submit to the appropriate

congressional committees an assessment of how the command, con-

trol, and communications systems for the national leadership of

the People’s Republic of China and the Russian Federation, respec-

tively, compare to such system of the United States.

under subsection (b), the Commander of the United States Strategic

Command shall submit to the appropriate congressional committees

the views of the Commander on the report under subsection (a),

including a detailed description for how the leadership survivability,

command and control, and continuity of government programs and

activities of the People’s Republic of China and the Russian Federa-

tion, respectively, are considered in the plans and options under

the responsibility of the Commander under the unified command

plan.

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130 STAT. 2621 PUBLIC LAW 114–328—DEC. 23, 2016

(d) F

ORMS

.—Each report or assessment submitted under this

section may be submitted in unclassified form, but may include

a classified annex.

(e) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the congressional defense committees; and

(2) the Permanent Select Committee on Intelligence of the

House of Representatives and the Select Committee on Intel-

ligence of the Senate.

SEC. 1670. REVIEW BY COMPTROLLER GENERAL OF THE UNITED

STATES OF RECOMMENDATIONS RELATING TO NUCLEAR

ENTERPRISE OF DEPARTMENT OF DEFENSE.

(a) I

ENERAL

.—During each of fiscal years 2017 through

2021, the Comptroller General of the United States shall conduct

a review of the following:

(1) The processes of the Department of Defense for

addressing the recommendations of the Department of Defense

Internal Nuclear Enterprise Review, the Independent Review

of the Department of Defense Nuclear Enterprise, and other

recommendations affecting the health of the nuclear enterprise

of the Department of Defense identified or tracked by the

Nuclear Deterrence Enterprise Review Group, including the

process used by the Director of Cost Assessment and Program

Evaluation to evaluate the implementation of such rec-

ommendations.

(2) The processes used to implement recommendations from

other assessments of the nuclear enterprise of the Department

of Defense, including the National Leadership Command Capa-

bility and Nuclear Command, Control, and Communications

Enterprise Review.

(b) B

RIEFING

.—After conducting each review under subsection

(a), the Comptroller General shall provide to the congressional

defense committees a briefing on the review.

ONFORMING

EPEAL

.—Section 1658 of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129

Stat. 1125) is repealed.

SEC. 1671. SENSE OF CONGRESS ON NUCLEAR DETERRENCE.

It is the sense of Congress that—

(1) the nuclear forces of the United States continue to

play a fundamental role in deterring aggression against the

interests of the United States and the allies of the United

States in an increasingly dangerous world in which foreign

adversaries, including the Russian Federation, are making

explicit nuclear threats against the United States and such

allies;

(2) strong United States nuclear forces assure the allies

of the United States that the extended deterrence guarantees

of the United States are credible and that the resolve of the

United States remains strong even in the face of nuclear provo-

cations, including nuclear coercion and blackmail;

(3) the prevention of war through effective deterrence

requires survivable and flexible nuclear forces that are well

exercised and ready to respond to nuclear escalation if nec-

essary;

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130 STAT. 2622 PUBLIC LAW 114–328—DEC. 23, 2016

(4) possessing a range of capabilities and options to counter

nuclear threats assures the allies of the United States and

enhances the credibility of United States nuclear deterrence

by reinforcing the resolve of the United States in the minds

of such allies and potential adversaries;

(5) the declared policy of the United States with respect

to the use of nuclear weapons must be coordinated and commu-

nicate clearly that the use of nuclear weapons against the

United States or its vital interests would ultimately fail and

subject the aggressor to incalculable consequences;

(6) in support of a strong and credible nuclear deterrent,

the United States must—

(A) maintain a nuclear force with a diverse, flexible

range of nuclear yield and delivery modes that are ready,

capable, and credible;

(B) afford the highest priority to the modernization

of the nuclear triad, dual-capable aircraft, and related com-

mand and control elements; and

United States in nuclear defense planning, training, and

exercises to demonstrate the commitment of the United

States and such allies and their solidarity against nuclear

threats and coercion; and

(7) with respect to the North Atlantic Treaty Organization

(NATO)—

(A) NATO has made it clear at the NATO summit

in Warsaw, Poland, in July 2018, that—

(i) ‘‘the fundamental purpose of NATO’s nuclear

capability is to preserve peace, prevent coercion, and

deter aggression’’; and

(ii) ‘‘Nuclear weapons are unique. Any employment

of nuclear weapons against NATO would fundamen-

tally alter the nature of a conflict. The circumstances

in which NATO might have to use nuclear weapons

are extremely remote. If the fundamental security of

any of its members were to be threatened however,

NATO has the capabilities and resolve to impose costs

on an adversary that would be unacceptable and far

outweigh the benefits that an adversary could hope

to achieve.’’; and

(B) accordingly, effective deterrence requires that

NATO conduct realistic nuclear planning and exercises,

and modernize the full suite of dual-capable aircraft and

associated command and control networks and facilities.

SEC. 1672. SENSE OF CONGRESS ON IMPORTANCE OF INDEPENDENT

NUCLEAR DETERRENT OF UNITED KINGDOM.

It is the sense of Congress that—

(1) the United States believes that the independent nuclear

deterrent and decision-making of the United Kingdom provides

a crucial contribution to international stability, the North

Atlantic Treaty Organization alliance, and the national security

of the United States;

(2) nuclear deterrence is and will continue to be the highest

priority mission of the Department of Defense and the United

States benefits when the closest ally of the United States clearly

and unequivocally sets similar priorities;

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130 STAT. 2623 PUBLIC LAW 114–328—DEC. 23, 2016

(3) the United States sees the nuclear deterrent of the

United Kingdom as central to trans-Atlantic security and to

the commitment of the United Kingdom to NATO to spend

two percent of gross domestic product on defense;

(4) the commitment of the United Kingdom to maintain

a continuous at-sea deterrence posture today and in the future

complements the deterrent capabilities of the United States

and provides a credible ‘‘second center of decision making’’

which ensures potential attackers cannot discount the solidarity

of the mutual relationship of the United States and the United

Kingdom;

(5) the United States Navy must execute the Ohio-class

replacement submarine program on time and within budget,

seeking efficiencies and cost savings wherever possible, to

ensure that the program delivers a Common Missile Compart-

ment, the Trident II (D5) Strategic Weapon System, and associ-

ated equipment and production capabilities, that support the

successful development and deployment of the Dreadnought

submarines of the United Kingdom; and

(6) the close technical collaboration, especially expert

mutual scientific peer review, provides valuable resilience and

cost effectiveness to the respective deterrence programs of the

United States and the United Kingdom.

Subtitle E—Missile Defense Programs

SEC. 1681. NATIONAL MISSILE DEFENSE POLICY.

(a) P

OLICY

.—It is the policy of the United States to maintain

and improve an effective, robust layered missile defense system

capable of defending the territory of the United States, allies,

deployed forces, and capabilities against the developing and increas-

ingly complex ballistic missile threat with funding subject to the

annual authorization of appropriations and the annual appropria-

tion of funds for National Missile Defense.

(b) C

ONFORMING

EPEAL

.—Section 2 of the National Missile

Defense Act of 1999 (Public Law 106–38; 10 U.S.C. 2431 note)

is repealed.

SEC. 1682. EXTENSIONS OF PROHIBITIONS RELATING TO MISSILE

DEFENSE INFORMATION AND SYSTEMS.

(a) P

ROHIBITION ON

NTEGRATION OF

ERTAIN

ISSILE

EFENSE

YSTEMS

.—

(1) I

N 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) I

NTEGRATION

.—None of the funds authorized to be appro-

priated or otherwise made available for any fiscal year for the

Department of Defense may be obligated or expended to integrate

a missile defense system of the Russian Federation or a missile

defense system of the People’s Republic of China into any missile

defense system of the United States.’’; and

following: ‘‘Prohibitions relating to missile defense

information and systems’’.

10 USC 2431

note.

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130 STAT. 2624 PUBLIC LAW 114–328—DEC. 23, 2016

(2) C

LERICAL 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) C

ONFORMING 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) E

XTENSION OF

UNSET

.—Section 130h(e) of title 10, United

States Code, as redesignated by subsection (a)(1), is amended to

read as follows:

‘‘(e) S

UNSET

.—The prohibitions in subsections (a), (b), and (d)

shall expire on January 1, 2019.’’.

SEC. 1683. NON-TERRESTRIAL MISSILE DEFENSE INTERCEPT AND

DEFEAT CAPABILITY FOR THE BALLISTIC MISSILE

DEFENSE SYSTEM.

Section 1685 of the National Defense Authorization Act for

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1142) is amended—

(1) in subsection (c)(2), by inserting before the semicolon

at the end the following: ‘‘for each fiscal year over the five-

fiscal-year period beginning with the fiscal year following the

fiscal year in which the report is submitted, assuming such

potential program of record is technically feasible and could

be deployed by December 31, 2027’’; and

(2) by adding at the end the following new subsection:

‘‘(d) C

OMMENCEMENT OF

RDT&E.—Not later than 60 days after

the submittal of the report required by subsection (c), the Director

may commence coordination and activities associated with research,

development, test, and evaluation on the programs described in

subsection (c)(2).’’.

SEC. 1684. REVIEW OF THE MISSILE DEFEAT POLICY AND STRATEGY

OF THE UNITED STATES.

(a) N

EVIEW

.—The Secretary of Defense and the Chairman

of the Joint Chiefs of Staff shall jointly conduct a new review

of the missile defeat capability, policy, and strategy of the United

States, with respect to—

(1) left- and right-of-launch ballistic missile defense for—

(A) both regional and homeland purposes; and

(B) the full range of active, passive, kinetic, and non-

kinetic defense measures across the full spectrum of land-

, air-, sea-, and space-based platforms;

(2) the integration of offensive and defensive forces for

the defeat of ballistic missiles, including against weapons ini-

tially deployed on ballistic missiles, such as hypersonic glide

vehicles; and

(3) cruise missile defense of the homeland.

(b) E

LEMENTS

.—The review under subsection (a) shall address

the following:

(1) The missile defeat policy, strategy, and objectives of

the United States in relation to the national security strategy

of the United States and the military strategy of the United

States.

(2) The role of deterrence in the missile defeat policy and

strategy of the United States.

10 USC 2431

note.

10 USC 121 prec.

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130 STAT. 2625 PUBLIC LAW 114–328—DEC. 23, 2016

(3) The missile defeat posture, capability, and force struc-

ture of the United States.

(4) With respect to both the five- and ten-year periods

beginning on the date of the review, the planned and desired

end-state of the missile defeat programs of the United States,

including regarding the integration and interoperability of such

programs with the joint forces and the integration and inter-

operability of such programs with allies, and specific bench-

marks, milestones, and key steps required to reach such end-

states.

(5) The process for determining requirements, force struc-

ture, and inventory objectives for missile defeat capabilities

under such programs, including input from the joint military

requirements process.

(6) The organization, execution, and oversight of acquisition

for the missile defeat programs of the United States.

(7) The roles and responsibilities of the Office of the Sec-

retary of Defense, Defense Agencies, combatant commands, the

Joint Chiefs of Staff, the military departments, and the intel-

ligence community in such programs and the process for

ensuring accountability of each stakeholder.

(8) Standards for the military utility, operational effective-

ness, suitability, and survivability of the missile defeat systems

of the United States.

(9) The method in which resources for the missile defeat

mission are planned, programmed, and budgeted within the

Department of Defense.

(10) The near-term and long-term costs and cost effective-

ness of such programs.

(11) The options for affecting the offense-defense cost curve.

(12) The role of international cooperation in the missile

defeat policy and strategy of the United States and the plans,

policies, and requirements for integration and interoperability

of missile defeat capability with allies.

(13) Options for increasing the frequency of the codevelop-

ment of missile defeat capabilities with allies of the United

States in the near-term and far-term.

(14) Declaratory policy governing the employment of missile

defeat capabilities and the military options and plans and

employment options of such capabilities.

(15) The role of multi-mission defense and other assets

of the United States, including space and terrestrial sensors

and plans to achieve multi-mission capability in current,

planned, and other future assets and acquisition programs.

(16) The indications and warning required to meet the

missile defeat strategy and objectives of the United States

described in paragraph (1) and the key enablers and programs

to achieve such indications and warning.

(17) The impact of the mobility, countermeasures, and

denial and deception capabilities of adversaries on the indica-

tions and warning described in paragraph (16) and the con-

sequences on the missile defeat capability, objectives, and mili-

tary options of the United States and the plans of the combatant

commanders.

(18) Any other matters the Secretary determines relevant.

EPORTS

.—

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130 STAT. 2626 PUBLIC LAW 114–328—DEC. 23, 2016

(1) R

ESULTS

.—Not later than January 31, 2018, the Sec-

retary shall submit to the congressional defense committees

a report setting forth the results of the review under subsection

(a).

(2) F

ORM

.—The report required by paragraph (1) shall be

submitted in unclassified form, but may include a classified

annex.

(3) A

NNUAL 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) T

HREAT REPORT

.—Not later than 180 days after the

date of the enactment of this Act, the Director of National

Intelligence shall submit to the congressional defense commit-

tees, the Permanent Select Committee on Intelligence of the

House of Representatives, and the Select Committee on Intel-

ligence of the Senate a report containing an unclassified sum-

mary, consistent with the protection of intelligence sources

and methods, of—

(A) as of the date of the report required by this para-

graph, the ballistic and cruise missile threat to the United

States, deployed forces of the United States, and friends

and allies of the United States from short-, medium-, inter-

mediate-, and long-range nuclear and non-nuclear ballistic

and cruise missile threats; and

(B) an assessment of such threat in 2026.

(5) D

ECLARATORY POLICY

CONCEPT OF OPERATIONS

AND

EMPLOYMENT GUIDELINES FOR LEFT

LAUNCH CAPABILITY

.—

Not later than 120 days after the date of the enactment of

this Act, the Secretary of Defense and the Chairman of the

Joint Chiefs of Staff shall jointly submit to the congressional

defense committees the following:

(A) The unclassified declaratory policy of the United

States regarding the use of the left-of-launch capability

of the United States against potential targets.

(B) Both the classified and unclassified concept of oper-

ations for the use of such capability across and between

the combatant commands.

strategy, plans, and options for such capability.

(d) N

OTIFICATION

.—

(1) L

IMITATION

.—None of the funds authorized to be appro-

priated by this Act or otherwise made available for fiscal year

2017 or fiscal year 2018 for the Secretary of Defense may

be obligated or expended to change the non-standard acquisition

processes and responsibilities described in paragraph (2) until—

(A) the Secretary notifies the congressional defense

committees of such proposed change; and

(B) a period of 180 days has elapsed following the

date of such notification.

(2) N

STANDARD ACQUISITION PROCESSES AND RESPON

SIBILITIES DESCRIBED

.—The non-standard acquisition processes

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130 STAT. 2627 PUBLIC LAW 114–328—DEC. 23, 2016

and responsibilities described in this paragraph are such proc-

esses and responsibilities described in—

(A) the memorandum of the Secretary of Defense titled

‘‘Missile Defense Program Direction’’ signed on January

2, 2002; and

(B) Department of Defense Directive 5134.09, as in

effect on the date of the enactment of this Act.

(e) D

ESIGNATION

EQUIRED

.—

(1) A

UTHORITY

.—Not later than March 31, 2018, the Sec-

retary of Defense shall designate a military department or

Defense Agency with acquisition authority with respect to—

(A) the capability to defend the homeland from cruise

missiles; and

(B) left-of-launch ballistic missile defeat capability.

(2) D

ISCRETION

.—The Secretary may designate a single

military department or Defense Agency with the acquisition

authority described in paragraph (1) or designate a separate

military department or Defense Agency for each function speci-

fied in such paragraph.

(3) V

ALIDATION

.—In making a designation under paragraph

(1), the Secretary shall include a description of the manner

in which the military requirements for such capabilities will

be validated.

(f) D

EFINITIONS

.—In this section:

(1) The term ‘‘Defense Agency’’ has the meaning given

that term in section 101(a)(11) of title 10, United States Code.

(2) The term ‘‘intelligence community’’ has the meaning

given that term in section 3 of the National Security Act of

1947 (50 U.S.C. 3003).

SEC. 1685. MAXIMIZING AEGIS ASHORE CAPABILITY AND DEVELOPING

MEDIUM RANGE DISCRIMINATION RADAR.

(a) A

NTI

AIR

ARFARE

APABILITY OF

EGIS

SHORE

ITES

.—

(1) A

UTHORIZATION

.—Using funds authorized to be appro-

priated by sections 101 and 201 of this Act or otherwise made

available for fiscal year 2017 for procurement and research,

development, test, and evaluation, the Secretary of Defense

shall continue the development, procurement, and deployment

of anti-air warfare capabilities at each Aegis Ashore site in

Romania and Poland.

(2) L

ONG

LEAD COMPONENTS

.—Of the funds specified in

paragraph (1), not more than $25,000,000 may be obligated

or expended for the procurement of long-lead components to

provide the anti-air warfare capabilities described in such para-

graph.

(3) R

EPROGRAMMING AND TRANSFERS

.—Any reprogramming

or transfer made to carry out paragraph (1) shall be carried

out in accordance with established procedures for reprogram-

ming or transfers.

(b) A

EGIS

SHORE

APABILITY

VALUATION

.—Not later than

120 days after the date of the enactment of this Act, the Secretary

of Defense and the Chairman of the Joint Chiefs of Staff shall

jointly submit to the congressional defense committees an evalua-

tion of the ballistic missile and air threat against the continental

United States and the efficacy (including with respect to cost,

ideal and optimal deployment locations, and potential deployment

schedule) of deploying one or more Aegis Ashore sites and Aegis

10 USC 2431

note.

10 USC 2431

note.

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130 STAT. 2628 PUBLIC LAW 114–328—DEC. 23, 2016

Ashore components for the ballistic and cruise missile defense of

the continental United States.

EGIS

SHORE

ITE AND

EDIUM

ANGE

ISCRIMINATION

ADAR ON THE

ACIFIC

ISSILE

ANGE

ACILITY

.—

(1) L

IMITATION

.—During fiscal year 2017, the Secretary

of Defense may not reduce the manning levels or test capability,

as such levels and capability existed on January 1, 2015, of

the Aegis Ashore site at the Pacific Missile Range Facility

in Hawaii, including by putting such site into a ‘‘cold’’ or ‘‘stand

by’’ status.

(2) E

NVIRONMENTAL IMPACT STATEMENT

.—

(A) Not later than 60 days after the date of the enact-

ment of this Act, the Director of the Missile Defense Agency

shall notify the congressional defense committees on

whether the preferred alternative for fielding a medium

range ballistic missile defense sensor for the defense of

Hawaii identified by the report under section 1689(b)(2)

of the National Defense Authorization Act for Fiscal Year

2016 (Public Law 114–92; 129 Stat. 1144) would require

an update to the environmental impact statement required

for constructing the Aegis Ashore site at the Pacific Missile

Range Facility.

(B) In carrying out the preferred alternative for fielding

a medium range ballistic missile defense sensor for the

defense of Hawaii, if the Director determines that an

updated environmental impact statement, a new environ-

mental impact statement, or another action is required

or recommended pursuant to the National Environmental

Policy Act of 1969 (42 U.S.C. et seq.), the Director shall

commence such action by not later than 60 days after

the date on which the Director makes the notification under

subparagraph (A).

(3) E

VALUATION

.—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

man determine appropriate.

(d) F

ORMS

.—The evaluations submitted under subsections (b)

and (c)(3) shall each be submitted in unclassified form, but may

each include a classified annex.

SEC. 1686. TECHNICAL AUTHORITY FOR INTEGRATED AIR AND MISSILE

DEFENSE ACTIVITIES AND PROGRAMS.

(a) A

UTHORITY

.—

(1) I

N GENERAL

.—The Director of the Missile Defense

Agency is the technical authority of the Department of Defense

for integrated air and missile defense activities and programs,

10 USC 2431

note.

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130 STAT. 2629 PUBLIC LAW 114–328—DEC. 23, 2016

including joint engineering and integration efforts for such

activities and programs, including with respect to defining and

controlling the interfaces of such activities and programs and

the allocation of technical requirements for such activities and

programs.

(2) D

ETAILEES

.—

(A) In carrying out the technical authority under para-

graph (1), the Director may seek to have staff detailed

to the Missile Defense Agency from the Joint Functional

Component Command for Integrated Missile Defense and

the Joint Integrated Air and Missile Defense Organization

in a number the Director determines necessary in accord-

ance with subparagraph (B).

(B) In detailing staff under subparagraph (A) to carry

out the technical authority under paragraph (1), the total

number of staff, including detailees, of the Missile Defense

Agency who carry out such authority may not exceed the

number that is twice the number of such staff carrying

out such authority as of January 1, 2016.

(b) A

SSESSMENTS AND

LANS

.—

(1) B

IENNIAL 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) E

LEMENTS

.—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.

ations, including milestones and costs for such plan.

(3) F

ORM

.—Each assessment under paragraph (1) shall be

submitted in classified form unless the Director determines

that submitting such assessment in unclassified form is useful

and expedient.

SEC. 1687. HYPERSONIC DEFENSE CAPABILITY DEVELOPMENT.

(a) E

XECUTIVE

GENT

.—The Director of the Missile Defense

Agency shall serve as the executive agent for the Department

of Defense for the development of a capability by the United States

to counter hypersonic boost-glide vehicle capabilities and conven-

tional prompt strike capabilities that may be employed against

the United States, the allies of the United States, and the deployed

forces of the United States.

(b) D

UTIES

.—In carrying out subsection (a), the Director shall—

(1) develop architectures for a hypersonic defense capa-

bility, from detecting threats to intercepting such threats,

that—

(A) involves systems of the military departments and

the Defense Agencies; and

(B) includes both kinetic and nonkinetic options for

such interception; and

10 USC 2431

note.

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130 STAT. 2630 PUBLIC LAW 114–328—DEC. 23, 2016

(2) not later than September 30, 2017, establish a program

of record to develop a hypersonic defense capability.

EPORTS

EQUIRED

.—Not later than March 31, 2017—

(1) the Director shall submit to the congressional defense

committees a report on the architectures and sensors evaluated

pursuant to subsection (b); and

(2) the Chairman of the Joint Chiefs of Staff shall submit

to the congressional defense committees a report on the military

capability or capabilities and capability gaps relating to the

threat posed by hypersonic boost-glide vehicles and maneu-

vering ballistic missiles to the United States, the allies of

the United States, and the deployed forces of the United States.

(d) N

OTIFICATION OF

UNDING

ROCEDURES

.—Not later than

90 days after the date on which the Director submits the report

under subsection (c)(1), the Director shall notify the congressional

defense committees with respect to whether the Director intends

to use established procedures for reprogramming or transfers to

carry out subsection (a) to conduct activities regarding experimen-

tation, modeling and simulation, or research and development, to

develop a hypersonic defense capability.

(e) D

EFINITIONS

.—In this section:

(1) The term ‘‘Defense Agencies’’ has the meaning given

that term in section 101(a)(11) of title 10, United States Code.

(2) The term ‘‘executive agent’’ has the meaning given

the term ‘‘DoD Executive Agent’’ in Department of Defense

Directive 5101.1, or any successor directive relating to the

responsibilities of an executive agent of the Department of

Defense.

(3) The term ‘‘hypersonic defense capability’’ means the

capability to counter hypersonic boost-glide vehicles and conven-

tional prompt strike ballistic missiles.

SEC. 1688. CONVENTIONAL PROMPT GLOBAL STRIKE WEAPONS

SYSTEM.

(a) M

ILESTONE

A A

PPROVAL

ECISION

.—The Secretary of

Defense shall make a decision regarding Milestone A approval

(as defined in section 2366(e) of title 10, United States Code) for

the conventional prompt global strike weapons system not later

than the earlier of—

(1) September 30, 2020; or

(2) the date that is 240 days after the date of the successful

completion of intermediate range flight 2 of such system.

(b) L

IMITATION ON

VAILABILITY OF

UNDS

.—Of the funds

authorized to be appropriated by this Act or otherwise made avail-

able for fiscal year 2017 for research, development, test, and evalua-

tion, Defense-wide, for the conventional prompt global strike

weapons system, not more than 75 percent may be obligated or

expended until the date on which the Chairman of the Joint Chiefs

of Staff, in consultation with the Commander of the United States

European Command, the Commander of the United States Pacific

Command, and the Commander of the United States Strategic

Command, submits to the congressional defense committees a report

on—

(1) whether there are warfighter requirements or

integrated priorities list submitted needs for a limited oper-

ational conventional prompt strike capability; and

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130 STAT. 2631 PUBLIC LAW 114–328—DEC. 23, 2016

(2) whether the program plan and schedule proposed by

the program office in the Office of the Under Secretary of

Defense for Acquisition, Technology, and Logistics supports

such requirements and integrated priorities lists submissions.

SEC. 1689. REQUIRED TESTING BY MISSILE DEFENSE AGENCY OF

GROUND-BASED MIDCOURSE DEFENSE ELEMENT OF BAL-

LISTIC MISSILE DEFENSE SYSTEM.

(a) T

ESTING

EQUIRED

.—Except as provided in subsection (c),

not less frequently than once each fiscal year, the Director of

the Missile Defense Agency shall administer a flight test of the

ground-based midcourse defense element of the ballistic missile

defense system.

(b) R

EQUIREMENTS

.—The Director shall ensure that each test

carried out under subsection (a) provides, when possible, for one

or more of the following:

(1) The validation of technical improvements made to

increase system performance and reliability.

(2) The evaluation of the operational effectiveness of the

ground-based midcourse defense element of the ballistic missile

defense system.

(3) The use of threat-representative targets and critical

engagement conditions.

(4) The evaluation of new configurations of interceptors

before they are fielded.

(5) The satisfaction of the ‘‘fly before buy’’ acquisition

approach for new interceptor components or software.

(6) The evaluation of the interoperability of the ground-

based midcourse defense element with other elements of the

ballistic missile defense systems.

XCEPTIONS

.—The Director may forgo a test under sub-

section (a) in a fiscal year under one or more of the following

conditions:

(1) Such a test would jeopardize national security.

(2) Insufficient time considerations between post-test anal-

ysis and subsequent pre-test design.

(3) Insufficient funding.

(4) An interceptor is unavailable.

(5) A target is unavailable or is insufficiently representative

of threats.

(6) The test range or necessary test assets are unavailable.

(7) Inclement weather.

(8) Any other condition the Director considers appropriate.

(d) C

ERTIFICATION

.—Not later than 45 days after forgoing a

test for a condition or conditions under subsection (c)(8), the Under

Secretary of Defense for Acquisition, Technology, and Logistics shall

submit to the congressional defense committees a certification set-

ting forth the condition or conditions that caused the test to be

forgone under such subsection.

(e) R

EPORT

.—Not later than 45 days after forgoing a test for

any condition specified in subsection (c), the Director shall submit

to the congressional defense committees a report setting forth the

rationale for forgoing the test and a plan to restore an intercept

flight test in the Integrated Master Test Plan of the Missile Defense

Agency. In the case of a test forgone for a condition or conditions

under subsection (c)(8), the report required by this subsection is

in addition to the certification required by subsection (d).

10 USC 2431

note.

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130 STAT. 2632 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1690. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND

ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM

CODEVELOPMENT AND COPRODUCTION.

(a) I

RON

OME

HORT

RANGE

OCKET

EFENSE

YSTEM

.—

(1) A

VAILABILITY OF FUNDS

.—Of the funds authorized to

be appropriated by this Act or otherwise made available for

fiscal year 2017 for procurement, Defense-wide, and available

for the Missile Defense Agency, not more than $62,000,000

may be provided to the Government of Israel to procure Tamir

interceptors for the Iron Dome short-range rocket defense

system through coproduction of such interceptors in the United

States by industry of the United States.

(2) C

ONDITIONS

.—

(A) A

GREEMENT

.—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) C

ERTIFICATION

.—Not later than 30 days prior to

the initial obligation of funds described in paragraph (1),

the Director of the Missile Defense Agency and the Under

Secretary of Defense for Acquisition, Technology, and Logis-

tics shall jointly submit to the appropriate congressional

committees—

(i) a certification that the amended bilateral inter-

national agreement specified in subparagraph (A) is

being implemented as provided in such agreement;

and

(ii) an assessment detailing any risks relating to

the implementation of such agreement.

(b) I

SRAELI

OOPERATIVE

ISSILE

EFENSE

ROGRAM

ODEVELOPMENT AND

OPRODUCTION

.—

(1) I

N GENERAL

.—Subject to paragraph (2), of the funds

authorized to be appropriated for fiscal year 2017 for procure-

ment, Defense-wide, and available for the Missile Defense

Agency—

(A) not more than $150,000,000 may be provided to

the Government of Israel to procure the David’s Sling

Weapon System, including for coproduction of parts and

components in the United States by United States industry;

and

(B) not more than $120,000,000 may be provided to

the Government of Israel for the Arrow 3 Upper Tier Inter-

ceptor Program, including for coproduction of parts and

components in the United States by United States industry.

(2) C

ERTIFICATION

.—

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130 STAT. 2633 PUBLIC LAW 114–328—DEC. 23, 2016

(A) C

RITERIA

.—Except as provided by paragraph (3),

the Under Secretary of Defense for Acquisition, Technology,

and Logistics shall submit to the appropriate congressional

committees a certification that—

(i) the Government of Israel has demonstrated the

successful completion of the knowledge points, tech-

nical milestones, and production readiness reviews

required by the research, development, and technology

agreements for the David’s Sling Weapon System and

the Arrow 3 Upper Tier Development Program, respec-

tively;

(ii) funds specified in subparagraphs (A) and (B)

of paragraph (1) will be provided on the basis of a

one-for-one cash match made by Israel for such respec-

tive systems or in another matching amount that other-

wise meets best efforts (as mutually agreed to by the

United States and Israel);

(iii) the United States has entered into a bilateral

international agreement with Israel that establishes,

with respect to the use of such funds—

(I) in accordance with clause (iv), the terms

of coproduction of parts and components of such

respective systems on the basis of the greatest

practicable coproduction of parts, components, and

all-up rounds (if appropriate) by United States

industry and minimizes nonrecurring engineering

and facilitization expenses to the costs needed for

coproduction;

(II) complete transparency on the requirement

of Israel for the number of interceptors and bat-

teries of such respective systems that will be pro-

cured, including with respect to the procurement

plans, acquisition strategy, and funding profiles

of Israel;

(III) technical milestones for coproduction of

parts and components and procurement of such

respective systems; and

(IV) joint approval processes for third-party

sales of such respective systems and the compo-

nents of such respective systems;

(iv) the level of coproduction described in clause

(iii)(I) for the Arrow 3 Upper Tier Interceptor Program

and the David’s Sling Weapon System is not less than

50 percent; and

(v) of the funds specified in subparagraph (B) of

paragraph (1), not more than $5,000,000 may be obli-

gated or expended to cover costs related to any delays,

including delays with respect to exchanging technical

data or specifications, of the Arrow 3 Upper Tier Inter-

ceptor Program.

(B) N

UMBER

.—In carrying out subparagraph (A), the

Under Secretary may submit—

(i) one certification covering both the David’s Sling

Weapon System and the Arrow 3 Upper Tier Inter-

ceptor Program; or

(ii) separate certifications for each respective

system.

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130 STAT. 2634 PUBLIC LAW 114–328—DEC. 23, 2016

IMING

.—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) W

AIVER

.—The Under Secretary may waive the certifi-

cation required by paragraph (2) if the Under Secretary certifies

to the appropriate congressional committees that the Under

Secretary has received sufficient data from the Government

of Israel to demonstrate—

(A) the funds specified in subparagraphs (A) and (B)

of paragraph (1) are provided to Israel solely for funding

the procurement of long-lead components and critical hard-

ware in accordance with a production plan, including a

funding profile detailing Israeli contributions for produc-

tion, including long-lead production, of either David’s Sling

Weapon System or the Arrow 3 Upper Tier Interceptor

Program;

(B) such long-lead components have successfully com-

pleted knowledge points, technical milestones, and produc-

tion readiness reviews; and

a manner that maximizes coproduction in the United States

without incurring nonrecurring engineering activity or cost

other than such activity or cost required for suppliers of

the United States to start or restart production in the

United States.

IMITATION ON

UNDING FOR

AVID

’

LING

EAPON

YSTEM

.—None of the amounts appropriated or otherwise made

available pursuant to subsection (a)(1) of section 1679 of the

National Defense Authorization Act for Fiscal Year 2016 (Public

Law 114–92; 129 Stat. 1135) that remain available and are unobli-

gated as of the date of the enactment of this Act may be obligated

or expended until the appropriate congressional committees receive

the plan required by subsection (d) of such section.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’ means

the following:

(1) The congressional defense committees.

(2) The Committee on Foreign Affairs of the House of

Representatives and the Committee on Foreign Relations of

the Senate.

SEC. 1691. LIMITATIONS ON AVAILABILITY OF FUNDS FOR LOWER TIER

AIR AND MISSILE DEFENSE CAPABILITY OF THE ARMY.

(a) L

IMITATION

.—Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2017 for

lower tier missile defense capability (PE 0604114A) radar replace-

ment, not more than 75 percent may be obligated or expended

until each of the following occurs:

(1) The Director of the Missile Defense Agency, in coordina-

tion with the Chief of Staff of the Army, submits to the congres-

sional defense committees a report on the manner in which

the Director, acting as the technical integrating authority for

air and missile defense, will ensure that the lower tier air

and missile defense radar will meet the requirements of the

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130 STAT. 2635 PUBLIC LAW 114–328—DEC. 23, 2016

commanders of the combatant commands for interoperability

with the ballistic missile defense system and other air and

missile defense capabilities deployed and planned to be

deployed by the United States, including the establishment

of key military requirements for such integrated capability

and program development milestones.

(2) The Chairman of the Joint Chiefs of Staff—

(A) certifies to the congressional defense committees

that the planned lower tier air and missile defense radar

of the Army is being designed to fully support the required

attributes for modularity sought by the commanders of

the geographic combatant commands, including a descrip-

tion of such required attributes and the key milestones

that will be used to ensure such modularity is achieved;

and

(B) notifies the congressional defense committees of

any objective requirements not met in the threshold

requirement for the air and missile defense capability of

the Army, including an assessment of any resulting capa-

bility gaps to military air and missile defense capability.

(b) A

DDITIONAL

IMITATION

.—In addition to the limitation in

subsection (a), of the funds authorized to be appropriated by this

Act or otherwise made available for fiscal year 2017 for lower

tier missile defense capability (PE 0604114A) radar replacement,

not more than 90 percent may be obligated or expended until

the date on which the Chief of Staff of the Army, in coordination

with the Secretary of the Army, submits to the congressional defense

committees a determination regarding—

(1) whether the technology demonstration and knowledge

points progression of the technology maturation and risk reduc-

tion phase of the lower tier air and missile defense radar

acquisition program support a fair, full, and open acquisition

program that can begin low-rate initial production earlier than

2021; and

(2) if such production can begin earlier than 2021, what

steps the Chief of Staff is taking to achieve such an earlier

production date.

OTIFICATION ON

ELEGATION

.—Not later than 30 days

after the date of the enactment of this Act, the Under Secretary

of Defense for Acquisition, Technology, and Logistics shall notify

the congressional defense committees as to whether the Under

Secretary will delegate to the Secretary of the Army the acquisition

authority for the lower tier air and missile defense radar program

of the Army.

(d) N

OTIFICATION ON

UNDING

.—Not later than 30 days after

the completion of the technology demonstration phase of the lower

tier air and missile defense radar acquisition program, the Secretary

of the Army shall notify the congressional defense committees

whether the Secretary could carry out a reprogramming or transfer

of funds previously authorized to be appropriated for another pur-

pose (in accordance with established procedures for reprogramming

or transfers) to meaningfully accelerate the acquisition program

and, if so, how.

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130 STAT. 2636 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1692. PILOT PROGRAM ON LOSS OF UNCLASSIFIED, CONTROLLED

TECHNICAL INFORMATION.

(a) P

ILOT

ROGRAM

.—Beginning not later than 90 days after

the date of the enactment of this Act, the Director of the Missile

Defense Agency shall carry out a pilot program to implement

improvements to the data protection options in the programs of

the Missile Defense Agency (including the contractors of the

Agency), particularly with respect to unclassified, controlled tech-

nical information and controlled unclassified information.

(b) P

RIORITY

.—In carrying out the pilot program under sub-

section (a), the Director shall give priority to implementing data

protection options that are used by the private sector and have

been proven successful.

URATION

.—The Director shall carry out the pilot program

under subsection (a) for not more than a 5-year period.

(d) N

OTIFICATION

.—Not later than 30 days before the date

on which the Director commences the pilot program under sub-

section (a), the Director shall notify the congressional defense

committees, the Committee on Oversight and Government Reform

of the House of Representatives, and the Committee on Homeland

Security and Governmental Affairs of the Senate of—

(1) the data protection options that the Director is consid-

ering to implement under the pilot program and the potential

costs of such options; and

(2) such option that is the preferred option of the Director.

(e) D

ATA

ROTECTION

PTIONS

.—In this section, the term ‘‘data

protection options’’ means actions to improve processes, practices,

and systems that relate to the safeguarding, hygiene, and data

protection of information.

SEC. 1693. PLAN FOR PROCUREMENT OF MEDIUM-RANGE DISCRIMINA-

TION RADAR TO IMPROVE HOMELAND MISSILE DEFENSE.

(a) P

LAN

.—

(1) D

EVELOPMENT

.—The Director of the Missile Defense

Agency shall develop a plan to—

(A) procure a medium-range discrimination radar or

equivalent sensor for a location the Director determines

will improve homeland missile defense for the defense of

Hawaii from the limited ballistic missile threat (including

accidental or unauthorized launch); and

(B) field such radar or equivalent sensor by not later

than December 31, 2021.

(2) S

UBMISSION

.—Not later than 60 days after the date

of the enactment of this Act, the Director shall submit to

the congressional defense committees the plan developed under

paragraph (1).

(b) R

EQUEST FOR

ROPOSALS

.—Not later than October 1, 2017,

the Director shall issue a request for proposals for the medium-

range discrimination radar or equivalent sensor specified in sub-

section (a)(1)(A).

SEC. 1694. REVIEW OF MISSILE DEFENSE AGENCY BUDGET SUBMIS-

SIONS FOR GROUND-BASED MIDCOURSE DEFENSE AND

EVALUATION OF ALTERNATIVE GROUND-BASED INTER-

CEPTOR DEPLOYMENTS.

(a) B

UDGET

UFFICIENCY

.—

10 USC 2431

note.

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130 STAT. 2637 PUBLIC LAW 114–328—DEC. 23, 2016

(1) R

EPORT

.—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) E

LEMENTS

.—The report under paragraph (1) shall

include an evaluation of each of the following:

(A) The modernization requirements for the ground-

based midcourse system, including all command and con-

trol, ground systems, sensors and sensor interfaces,

boosters and kill vehicles, and integration of known future

systems and components.

(B) The obsolescence of such systems and components.

ground-based midcourse system, as determined by the

Director of the Missile Defense Agency.

(D) The extent to which the estimated levels of annual

funding included in the most recent budget and the future-

years defense program submitted under section 221 of title

10, United States Code, fully fund the requirements under

subparagraph (A).

(3) U

PDATES

.—Not later than 30 days after the date on

which each budget is submitted through January 31, 2021,

the Director shall submit to the congressional defense commit-

tees an update to the report under paragraph (1).

(b) E

VALUATION OF

RANSPORTABLE

ROUND

BASED

NTER

CEPTOR

.—Not later than 180 days after the date of the enactment

of this Act, the Director of the Missile Defense Agency shall submit

to the congressional defense committees a report on transportable

ground-based interceptors. Such report shall detail the views of

the Director regarding—

(1) the cost that is unconstrained by current projected

budget levels for the Missile Defense Agency (including a

detailed program development production and deployment cost

and schedule for the earliest technically possible deployment),

the associated manning, and the comparative cost (including

as compared to developing a fixed ground-based interceptor

site), technical readiness, and feasibility of a transportable

ground-based interceptor as a means to deploy additional

ground-based interceptors for the defense of the United States

and the operational value of a transportable ground-based inter-

ceptor for the defense of the homeland against a limited ballistic

missile attack, including from accidental or unauthorized bal-

listic missile launch;

(2) the type and number of flight and or intercept tests

that would be required to validate the capability and compat-

ibility of a transportable ground-based interceptor in the bal-

listic missile defense system;

(3) the enabling capabilities, and the cost of such capabili-

ties, to support such a system;

(4) any safety consideration of a transportable ground-

based interceptor; and

(5) other matters that the Director determines pertinent

to such a system.

ORM

.—The report submitted under subsection (b) shall

be submitted in unclassified form, but may include a classified

annex.

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130 STAT. 2638 PUBLIC LAW 114–328—DEC. 23, 2016

(d) D

EFINITIONS

.—In this section, the terms ‘‘budget’’ and

‘‘defense budget materials’’ have the meanings given those terms

in section 231 of title 10, United States Code.

SEC. 1695. SEMIANNUAL NOTIFICATIONS ON MISSILE DEFENSE TESTS

AND COSTS.

(a) N

OTIFICATIONS

.—Not less than once every 180-day period

beginning 90 days after the date of the enactment of this Act

and ending on January 31, 2021, the Director of the Missile Defense

Agency shall submit to the congressional defense committees a

notification on—

(1) the outcome of each planned flight test, including inter-

cept tests, occurring during the period covered by the notifica-

tion; and

(2) flight tests, including intercept tests, planned to occur

after the date of the notification.

(b) E

LEMENTS

.—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;

to delay or cancel the test—

(i) the reasons such test did not succeed or occur;

(ii) the funds expended on such attempted test;

and

(iii) in the case of a test failure or cancelled test

that is the result of contractor performance, the con-

tractor liability, if appropriate, as compared to the

cost of such test and potential retest; and

(D) the plan to conduct a retest, if necessary, and

an estimate of the cost of such retest.

(2) With respect to each test described in subsection (a)(2)—

(A) any changes made to the scope of the test;

(B) whether the test was to occur earlier but was

delayed; and

(3) The status of any open failure review boards or any

failure review boards completed during the period covered by

the notification.

ORM

.—Each notification submitted under subsection (a)

shall be submitted in unclassified form, but may include a classified

annex.

SEC. 1696. REPORTS ON UNFUNDED PRIORITIES OF THE MISSILE

DEFENSE AGENCY.

(a) R

EPORTS

.—Not later than 10 days after the date on which

the budget of the President for each of fiscal years 2018 and

2019 is submitted to Congress pursuant to section 1105 of title

31, United States Code, the Director of the Missile Defense Agency

shall submit to the Secretary of Defense and the Chairman of

the Joint Chiefs of Staff, and to the congressional defense commit-

tees, a report on the unfunded priorities of the Missile Defense

Agency.

(b) E

LEMENTS

.—

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130 STAT. 2639 PUBLIC LAW 114–328—DEC. 23, 2016

(1) I

N GENERAL

.—Each report under subsection (a) shall

specify, for each unfunded priority covered by such report,

the following:

(A) A summary description of such priority, including

the objectives to be achieved if such priority is funded

(whether in whole or in part).

(B) The additional amount of funds recommended in

connection with the objectives under subparagraph (A).

including the following (as applicable):

(i) Line Item Number (LIN) for applicable procure-

ment accounts.

(ii) Program Element (PE) number for applicable

research, development, test, and evaluation accounts.

(iii) Sub-activity group (SAG) for applicable oper-

ation and maintenance accounts.

(2) P

RIORITIZATION OF PRIORITIES

.—Each report under sub-

section (a) shall present the unfunded priorities covered by

such report in order of urgency of priority.

NFUNDED

RIORITY

EFINED

.—In this section, the term

‘‘unfunded priority’’, in the case of a fiscal year, means a program,

activity, or mission requirement of the Missile Defense Agency

that—

(1) is not funded in the budget of the President for the

fiscal year as submitted to Congress pursuant to section 1105

of title 31, United States Code;

(2) is necessary to fulfill a requirement associated with

an operational or contingency plan of a combatant command

or other validated requirement; and

(3) would have been recommended for funding through

the budget referred to in paragraph (1) by the Director of

the Missile Defense Agency in connection with the budget if—

(A) additional resources had been available for the

budget to fund the program, activity, or mission require-

ment; or

(B) the program, activity, or mission requirement has

emerged since the budget was formulated.

Subtitle F—Other Matters

SEC. 1697. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM

UNMANNED AIRCRAFT.

(a) I

ENERAL

.—Chapter 3 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 130i. Protection of certain facilities and assets from

unmanned aircraft

‘‘(a) A

UTHORITY

.—Notwithstanding any provision of title 18,

the Secretary of Defense may take, and may authorize the armed

forces to take, such actions described in subsection (b)(1) that are

necessary to mitigate the threat (as defined by the Secretary of

Defense, in consultation with the Secretary of Transportation) that

an unmanned aircraft system or unmanned aircraft poses to the

safety or security of a covered facility or asset.

‘‘(b) A

CTIONS

ESCRIBED

.—(1) The actions described in this

paragraph are the following:

10 USC 130i.

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130 STAT. 2640 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) Detect, identify, monitor, and track the unmanned

aircraft system or unmanned aircraft, without prior consent,

including by means of intercept or other access of a wire,

oral, or electronic communication used to control the unmanned

aircraft system or unmanned aircraft.

‘‘(B) Warn the operator of the unmanned aircraft system

or unmanned aircraft, including by passive or active, and direct

or indirect physical, electronic, radio, and electromagnetic

means.

‘‘(C) Disrupt control of the unmanned aircraft system or

unmanned aircraft, without prior consent, including by dis-

abling the unmanned aircraft system or unmanned aircraft

by intercepting, interfering, or causing interference with wire,

oral, electronic, or radio communications used to control the

unmanned aircraft system or unmanned aircraft.

‘‘(D) Seize or exercise control of the unmanned aircraft

system or unmanned aircraft.

‘‘(E) Seize or otherwise confiscate the unmanned aircraft

system or unmanned aircraft.

‘‘(F) Use reasonable force to disable, damage, or destroy

the unmanned aircraft system or unmanned aircraft.

‘‘(2) The Secretary of Defense shall develop the actions described

in paragraph (1) in coordination with the Secretary of Transpor-

tation.

‘‘(c) F

ORFEITURE

.—Any unmanned aircraft system or unmanned

aircraft described in subsection (a) that is seized by the Secretary

of Defense is subject to forfeiture to the United States.

‘‘(d) R

EGULATIONS

.—The Secretary of Defense and the Secretary

of Transportation may prescribe regulations and shall issue guid-

ance in the respective areas of each Secretary to carry out this

section.

‘‘(e) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘covered facility or asset’ means any facility

or asset that—

‘‘(A) is identified by the Secretary of Defense for pur-

poses of this section;

‘‘(B) is located in the United States (including the

territories and possessions of the United States); and

‘‘(C) relates to—

‘‘(i) the nuclear deterrence mission of the Depart-

ment of Defense, including with respect to nuclear

command and control, integrated tactical warning and

attack assessment, and continuity of government;

‘‘(ii) the missile defense mission of the Department;

‘‘(iii) the national security space mission of the

Department.

‘‘(2) The terms ‘unmanned aircraft’ and ‘unmanned aircraft

system’ have the meanings given those terms in section 331

of the FAA Modernization and Reform Act of 2012 (Public

Law 112–95; 49 U.S.C. 40101 note).’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of such chapter is amended by inserting after the item relating

to section 130h the following new item:

‘‘130i. Protection of certain facilities and assets from unmanned aircraft.’’.

10 USC 121 prec.

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130 STAT. 2641 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1698. HARMFUL INTERFERENCE TO DEPARTMENT OF DEFENSE

GLOBAL POSITIONING SYSTEM.

(a) F

EDERAL

OMMUNICATIONS

OMMISSION

ONDITIONS ON

OMMERCIAL

ERRESTRIAL

PERATIONS

.—Part I of title III of the

Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended

by adding at the end the following:

‘‘SEC. 343. CONDITIONS ON COMMERCIAL TERRESTRIAL OPERATIONS.

‘‘(a) I

ENERAL

.—The Commission shall not permit commercial

terrestrial operations in the 1525–1559 megahertz band or the

1626.5–1660.5 megahertz band until the date that is 90 days after

the Commission resolves concerns of widespread harmful inter-

ference by such operations in such band to covered GPS devices.

‘‘(b) N

OTICE TO

ONGRESS

.—

‘‘(1) I

N GENERAL

.—At the conclusion of the decision

regarding whether to permit such operations in such band,

the Commission shall submit to the congressional committees

described in paragraph (2) official copies of the documents

containing the final decision of the Commission. If the decision

is to permit such operations in such band, such documents

shall contain or be accompanied by an explanation of how

the concerns described in subsection (a) have been resolved.

‘‘(2) C

ONGRESSIONAL COMMITTEES DESCRIBED

.—The

congressional committees described in this paragraph are the

following:

‘‘(A) The Committee on Energy and Commerce and

the Committee on Armed Services of the House of Rep-

resentatives.

‘‘(B) The Committee on Commerce, Science, and

Transportation and the Committee on Armed Services of

the Senate.

‘‘(c) C

OVERED

GPS D

EVICE

EFINED

.—In this section, the term

‘covered GPS device’ means a Global Positioning System device

of the Department of Defense.’’.

(b) S

ECRETARY OF

EFENSE

EVIEW OF

ARMFUL

NTER

FERENCE

.—

(1) R

EVIEW

.—Not later than 90 days after the date of

the enactment of this Act, and every 90 days thereafter until

the date referred to in paragraph (3), the Secretary of Defense

shall conduct a review to—

(A) assess the ability of covered GPS devices to receive

signals from Global Positioning System satellites without

widespread harmful interference; and

(B) determine if commercial communications services

are causing or will cause widespread harmful interference

with covered GPS devices.

(2) N

OTICE TO CONGRESS

.—

(A) N

OTICE

.—If the Secretary of Defense determines

during a review under paragraph (1) that commercial

communications services are causing or will cause wide-

spread harmful interference with covered GPS devices, the

Secretary shall promptly submit to the congressional

defense committees notice of such interference.

(B) C

ONTENTS

.—The notice required under subpara-

graph (A) shall include—

47 USC 343.

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130 STAT. 2642 PUBLIC LAW 114–328—DEC. 23, 2016

(i) a list and description of the covered GPS devices

that are being or expected to be interfered with by

commercial communications services;

(ii) a description of the source of, and the entity

causing or expected to cause, the interference with

such devices;

(iii) a description of the manner in which such

source or such entity is causing or expected to cause

such interference;

(iv) a description of the magnitude of harm caused

or expected to be caused by such interference;

(v) a description of the duration of and the condi-

tions and circumstances under which such interference

is occurring or expected to occur;

(vi) a description of the impact of such interference

on the national security interests of the United States;

and

(vii) a description of the plans of the Secretary

to address, alleviate, or mitigate such interference,

including the cost of such plans.

ORM

.—The notice required under subparagraph

(A) shall be submitted in unclassified form, but may include

a classified annex.

(3) T

ERMINATION DATE

.—The date referred to in this para-

graph is the earlier of—

(A) the date that is two years after the date of the

enactment of this Act; or

(B) the date on which the Secretary—

(i) determines that commercial communications

services are not causing any widespread harmful inter-

ference with covered GPS devices; and

(ii) submits to the congressional defense commit-

tees notice of the determination made under clause

(i).

OVERED

GPS D

EVICE

EFINED

.—In this section, the term

‘‘covered GPS device’’ means a Global Positioning System device

of the Department of Defense.

(d) C

ONFORMING

EPEAL

.—Section 911 of the National Defense

Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125

Stat. 1534) is repealed.

TITLE XVII—GUAM WORLD WAR II

LOYALTY RECOGNITION ACT

Sec. 1701. Short title.

Sec. 1702. Recognition of the suffering and loyalty of the residents of Guam.

Sec. 1703. Guam World War II Claims Fund.

Sec. 1704. Payments for Guam World War II claims.

Sec. 1705. Adjudication.

Sec. 1706. Grants program to memorialize the occupation of Guam during World

War II.

Sec. 1707. Authorization of appropriations.

SEC. 1701. SHORT TITLE.

This title may be cited as the ‘‘Guam World War II Loyalty

Recognition Act’’.

Guam World

War II Loyalty

Recognition Act.

22 USC 1621

note.

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130 STAT. 2643 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1702. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE

RESIDENTS OF GUAM.

(a) R

ECOGNITION OF THE

UFFERING OF THE

ESIDENTS OF

UAM

.—The United States recognizes that, as described by the

Guam War Claims Review Commission, the residents of Guam,

on account of their United States nationality, suffered unspeakable

harm as a result of the occupation of Guam by Imperial Japanese

military forces during World War II, by being subjected to death,

rape, severe personal injury, personal injury, forced labor, forced

march, or internment.

(b) R

ECOGNITION OF THE

OYALTY OF THE

ESIDENTS OF

UAM

.—The United States forever will be grateful to the residents

of Guam for their steadfast loyalty to the United States, as dem-

onstrated by the countless acts of courage they performed despite

the threat of death or great bodily harm they faced at the hands

of the Imperial Japanese military forces that occupied Guam during

World War II.

SEC. 1703. GUAM WORLD WAR II CLAIMS FUND.

(a) E

STABLISHMENT OF

UND

.—The Secretary of the Treasury

shall establish in the Treasury of the United States a special

fund (in this title referred to as the ‘‘Claims Fund’’) for the payment

of claims submitted by compensable Guam victims and survivors

of compensable Guam decedents in accordance with sections 1704

and 1705.

(b) C

OMPOSITION OF

UND

.—The Claims Fund established

under subsection (a) shall be composed of amounts deposited into

the Claims Fund under subsection (c) and any other payments

made available for the payment of claims under this title.

AYMENT OF

ERTAIN

UTIES

, T

AXES

AND

EES

OLLECTED

ROM

UAM

EPOSITED

NTO

UND

.—

(1) I

N GENERAL

.—Notwithstanding section 30 of the Organic

Act of Guam (48 U.S.C. 1421h), the excess of—

(A) any amount of duties, taxes, and fees collected

under such section after fiscal year 2014, over

(B) the amount of duties, taxes, and fees collected

under such section during fiscal year 2014,

shall be deposited into the Claims Fund.

(2) A

PPLICATION

.—Paragraph (1) shall not apply after the

date for which the Secretary of the Treasury determines that

all payments required to be made under section 1704 have

been made.

(d) L

IMITATION ON

AYMENTS

ADE

ROM

UND

.—

(1) I

N GENERAL

.—No payment may be made in a fiscal

year under section 1704 until funds are deposited into the

Claims Fund in such fiscal year under subsection (c).

(2) A

MOUNTS

.—For each fiscal year in which funds are

deposited into the Claims Fund under subsection (c), the total

amount of payments made in a fiscal year under section 1704

may not exceed the amount of funds available in the Claims

Fund for such fiscal year.

(e) D

EDUCTIONS

ROM

UND FOR

DMINISTRATIVE

XPENSES

.—

The Secretary of the Treasury shall deduct from any amounts

deposited into the Claims Fund an amount equal to 5 percent

of such amounts as reimbursement to the Federal Government

for expenses incurred by the Foreign Claims Settlement Commission

and by the Department of the Treasury in the administration

22 USC 1621

note.

22 USC 1621

note.

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130 STAT. 2644 PUBLIC LAW 114–328—DEC. 23, 2016

of this title. The amounts so deducted shall be covered into the

Treasury as miscellaneous receipts.

SEC. 1704. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.

(a) P

AYMENTS FOR

EATH

, P

ERSONAL

NJURY

, F

ORCED

ABOR

ORCED

ARCH

AND

NTERNMENT

.—After the Secretary of the

Treasury receives the certification from the Chairman of the Foreign

Claims Settlement Commission as required under section

1705(b)(8), the Secretary of the Treasury shall make payments,

subject to the availably of appropriations, to compensable Guam

victims and survivors of a compensable Guam decedents as follows:

(1) C

OMPENSABLE GUAM VICTIM

.—Before making any pay-

ments under paragraph (2), the Secretary shall make payments

to compensable Guam victims as follows:

(A) In the case of a victim who has suffered an injury

described in subsection (c)(2)(A), $15,000.

(B) In the case of a victim who is not described in

subparagraph (A), but who has suffered an injury described

in subsection (c)(2)(B), $12,000.

subparagraph (A) or (B), but who has suffered an injury

described in subsection (c)(2)(C), $10,000.

(2) S

URVIVORS OF COMPENSABLE GUAM DECEDENTS

.—In the

case of a compensable Guam decedent, the Secretary shall

pay $25,000 for distribution to survivors of the decedent in

accordance with subsection (b). The Secretary shall make pay-

ments under this paragraph only after all payments are made

under paragraph (1).

(b) D

ISTRIBUTION OF

URVIVOR

AYMENTS

.—A payment made

under subsection (a)(2) to the survivors of a compensable Guam

decedent shall be distributed as follows:

(1) In the case of a decedent whose spouse is living as

of the date of the enactment of this Act, but who had no

living children as of such date, the payment shall be made

to such spouse.

(2) In the case of a decedent whose spouse is living as

of the date of the enactment of this Act and who had one

or more living children as of such date, 50 percent of the

payment shall be made to the spouse and 50 percent shall

be made to such children, to be divided among such children

to the greatest extent possible into equal shares.

(3) In the case of a decedent whose spouse is not living

as of the date of the enactment of this Act and who had

one or more living children as of such date, the payment shall

be made to such children, to be divided among such children

to the greatest extent possible into equal shares.

(4) In the case of a decedent whose spouse is not living

as of the date of the enactment of this Act and who had

no living children as of such date, but who—

(A) had a parent who is living as of such date, the

payment shall be made to the parent; or

(B) had two parents who are living as of such date,

the payment shall be divided equally between the parents.

(5) In the case of a decedent whose spouse is not living

as of the date of the enactment of this Act, who had no living

children as of such date, and who had no parents who are

living as of such date, no payment shall be made.

22 USC 1621

note.

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130 STAT. 2645 PUBLIC LAW 114–328—DEC. 23, 2016

EFINITIONS

.—For purposes of this title:

(1) C

OMPENSABLE GUAM DECEDENT

.—The term ‘‘compen-

sable Guam decedent’’ means an individual determined under

section 1705 to have been a resident of Guam who died as

a result of the attack and occupation of Guam by Imperial

Japanese military forces during World War II, or incident to

the liberation of Guam by United States military forces, and

whose death would have been compensable under the Guam

Meritorious Claims Act of 1945 (Public Law 79–224) if a timely

claim had been filed under the terms of such Act.

(2) C

OMPENSABLE GUAM VICTIM

.—The term ‘‘compensable

Guam victim’’ means an individual who is not deceased as

of the date of the enactment of this Act and who is determined

under section 1705 to have suffered, as a result of the attack

and occupation of Guam by Imperial Japanese military forces

during World War II, or incident to the liberation of Guam

by United States military forces, any of the following:

(A) Rape or severe personal injury (such as loss of

a limb, dismemberment, or paralysis).

(B) Forced labor or a personal injury not under

subparagraph (A) (such as disfigurement, scarring, or

burns).

internment.

(3) D

EFINITIONS OF SEVERE PERSONAL INJURIES AND PER

SONAL INJURIES

.—Not later than 180 days after the date of

the enactment of this Act, the Foreign Claims Settlement

Commission shall promulgate regulations to specify the injuries

that constitute a severe personal injury or a personal injury

for purposes of subparagraphs (A) and (B), respectively, of

paragraph (2).

SEC. 1705. ADJUDICATION.

(a) A

UTHORITY OF

OREIGN

LAIMS

ETTLEMENT

OMMISSION

.—

(1) I

N GENERAL

.—The Foreign Claims Settlement Commis-

sion shall adjudicate claims and determine the eligibility of

individuals for payments under section 1704.

(2) R

ULES AND REGULATIONS

.—Not later than 180 days

after the date of the enactment of this Act, the Chairman

of the Foreign Claims Settlement Commission shall publish

in the Federal Register such rules and regulations as may

be necessary to enable the Commission to carry out the func-

tions of the Commission under this title.

(b) C

LAIMS

UBMITTED FOR

AYMENTS

.—

(1) S

UBMITTAL OF CLAIM

.—For purposes of subsection (a)(1)

and subject to paragraph (2), the Foreign Claims Settlement

Commission may not determine an individual is eligible for

a payment under section 1704 unless the individual submits

to the Commission a claim in such manner and form and

containing such information as the Commission specifies.

(2) F

ILING PERIOD FOR CLAIMS AND NOTICE

.—

(A) F

ILING PERIOD

.—An individual filing a claim for

a payment under section 1704 shall file such claim not

later than one year after the date on which the Foreign

Claims Settlement Commission publishes the notice

described in subparagraph (B).

22 USC 1621

note.

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130 STAT. 2646 PUBLIC LAW 114–328—DEC. 23, 2016

(B) N

OTICE OF FILING PERIOD

.—Not later than 180

days after the date of the enactment of this Act, the Foreign

Claims Settlement Commission shall publish a notice of

the deadline for filing a claim described in subparagraph

(A)—

(i) in the Federal Register; and

(ii) in newspaper, radio, and television media in

Guam.

(3) A

DJUDICATORY DECISIONS

.—The decision of the Foreign

Claims Settlement Commission on each claim filed under this

title shall—

(A) be by majority vote;

(B) be in writing;

the claim; and

(D) if approved, state the amount of the payment

awarded and the distribution, if any, to be made of the

payment.

(4) D

EDUCTIONS IN PAYMENT

.—The Foreign Claims Settle-

ment Commission shall deduct, from a payment made to a

compensable Guam victim or survivors of a compensable Guam

decedent under this section, amounts paid to such victim or

survivors under the Guam Meritorious Claims Act of 1945

(Public Law 79–224) before the date of the enactment of this

Act.

(5) I

NTEREST

.—No interest shall be paid on payments made

by the Foreign Claims Settlement Commission under section

1704.

(6) L

IMITED COMPENSATION FOR PROVISION OF REPRESENTA

TIONAL SERVICES

.—

(A) L

IMIT ON COMPENSATION

.—Any agreement under

which an individual who provided representational services

to an individual who filed a claim for a payment under

this title that provides for compensation to the individual

who provided such services in an amount that is more

than one percent of the total amount of such payment

shall be unlawful and void.

(B) P

ENALTIES

.—Whoever demands or receives any

compensation in excess of the amount allowed under

subparagraph (A) shall be fined not more than $5,000

or imprisoned not more than one year, or both.

(7) A

PPEALS AND FINALITY

.—Objections and appeals of

decisions of the Foreign Claims Settlement Commission shall

be to the Commission, and upon rehearing, the decision in

each claim shall be final, and not subject to further review

by any court or agency.

(8) C

ERTIFICATIONS FOR PAYMENT

.—After a decision

approving a claim becomes final, the Chairman of the Foreign

Claims Settlement Commission shall certify such decision to

the Secretary of the Treasury for authorization of a payment

under section 1704.

(9) T

REATMENT OF AFFIDAVITS

.—For purposes of section

1704 and subject to paragraph (2), the Foreign Claims Settle-

ment Commission shall treat a claim that is accompanied by

an affidavit of an individual that attests to all of the material

facts required for establishing the eligibility of such individual

for payment under such section as establishing a prima facie

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130 STAT. 2647 PUBLIC LAW 114–328—DEC. 23, 2016

case of the eligibility of the individual for such payment without

the need for further documentation, except as the Commission

may otherwise require. Such material facts shall include, with

respect to a claim for a payment made under section 1704(a),

a detailed description of the injury or other circumstance sup-

porting the claim involved, including the level of payment

sought.

(10) R

ELEASE OF RELATED CLAIMS

.—Acceptance of a pay-

ment under section 1704 by an individual for a claim related

to a compensable Guam decedent or a compensable Guam

victim shall be in full satisfaction of all claims related to

such decedent or victim, respectively, arising under the Guam

Meritorious Claims Act of 1945 (Public Law 79–224), the imple-

menting regulations issued by the United States Navy pursuant

to such Act (Public Law 79–224), or this title.

SEC. 1706. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF

GUAM DURING WORLD WAR II.

(a) E

STABLISHMENT

.—Subject to subsection (b), the Secretary

of the Interior shall establish a grant program under which the

Secretary shall award grants for research, educational, and media

activities for purposes of appropriately illuminating and interpreting

the causes and circumstances of the occupation of Guam during

World War II and other similar occupations during the war that—

(1) memorialize the events surrounding such occupation;

(2) honor the loyalty of the people of Guam during such

occupation.

(b) E

LIGIBILITY

.—The Secretary of the Interior may not award

a grant under subsection (a) unless the person seeking the grant

submits an application to the Secretary for such grant, in such

time, manner, and form and containing such information as the

Secretary specifies.

SEC. 1707. AUTHORIZATION OF APPROPRIATIONS.

(a) G

UAM

ORLD

II C

LAIMS

AYMENTS AND

DJUDICA

TION

.—For the purposes of carrying out sections 1704 and 1705,

there is authorized to be appropriated for any fiscal year beginning

after the date of enactment of this Act, an amount equal to the

amount deposited into the Claims Fund in a fiscal year under

section 1703. Not more than 5 percent of funds make available

under this subsection shall be used for administrative costs.

Amounts appropriated under this section may remain available

until expended.

(b) G

UAM

ORLD

II G

RANTS

ROGRAM

.—For purposes

of carrying out section 1706, there are authorized to be appropriated

$5,000,000 for each fiscal year beginning after the date of the

enactment of this Act.

TITLE XVIII—MATTERS RELATING TO

SMALL BUSINESS PROCUREMENT

Subtitle A—Improving Transparency and Clarity for Small Businesses

Sec. 1801. Plain language rewrite of requirements for small business procurements.

Sec. 1802. Transparency in small business goals.

22 USC 1621

note.

22 USC 1621

note.

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130 STAT. 2648 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle B—Clarifying the Roles of Small Business Advocates

Sec. 1811. Scope of review by procurement center representatives.

Sec. 1812. Duties of the Office of Small and Disadvantaged Business Utilization.

Sec. 1813. Improving contractor compliance.

Sec. 1814. Improving education on small business regulations.

Subtitle C—Strengthening Opportunities for Competition in Subcontracting

Sec. 1821. Good faith in subcontracting.

Sec. 1822. Pilot program to provide opportunities for qualified subcontractors to ob-

tain past performance ratings.

Sec. 1823. Amendments to the Mentor-Protege Program of the Department of De-

fense.

Subtitle D—Miscellaneous Provisions

Sec. 1831. Improvements to size standards for small agricultural producers.

Sec. 1832. Uniformity in service-disabled veteran definitions.

Sec. 1833. Office of Hearings and Appeals.

Sec. 1834. Extension of SBIR and STTR programs.

Sec. 1835. Issuance of guidance on small business matters.

Subtitle E—Improving Cyber Preparedness for Small Businesses

Sec. 1841. Small Business Development Center Cyber Strategy and outreach.

Sec. 1842. Role of small business development centers in cybersecurity and pre-

paredness.

Sec. 1843. Additional cybersecurity assistance for small business development cen-

ters.

Sec. 1844. Prohibition on additional funds.

Subtitle A—Improving Transparency and

Clarity for Small Businesses

SEC. 1801. PLAIN LANGUAGE REWRITE OF REQUIREMENTS FOR SMALL

BUSINESS PROCUREMENTS.

Section 15(a) of the Small Business Act (15 U.S.C. 644(a))

is amended to read as follows:

‘‘(a) S

MALL

USINESS

ROCUREMENTS

.—

‘‘(1) I

N GENERAL

.—For purposes of this Act, small business

concerns shall receive any award or contract if such award

or contract is, in the determination of the Administrator and

the contracting agency, in the interest of—

‘‘(A) maintaining or mobilizing the full productive

capacity of the United States;

‘‘(B) war or national defense programs; or

‘‘(C) assuring that a fair proportion of the total pur-

chase and contracts for goods and services of the Govern-

ment in each industry category (as defined under para-

graph (2)) are awarded to small business concerns.

‘‘(2) I

NDUSTRY CATEGORY DEFINED

.—

‘‘(A) I

N GENERAL

.—In this subsection, the term

‘industry category’ means a discrete group of similar goods

and services, as determined by the Administrator in accord-

ance with the North American Industry Classification

System codes used to establish small business size stand-

ards, except that the Administrator shall limit an industry

category to a greater extent than provided under the North

American Industry Classification System codes if the

Administrator receives evidence indicating that further seg-

mentation of the industry category is warranted—

‘‘(i) due to special capital equipment needs;

‘‘(ii) due to special labor requirements;

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130 STAT. 2649 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(iii) due to special geographic requirements,

except as provided in subparagraph (B);

‘‘(iv) due to unique Federal buying patterns or

requirements; or

‘‘(v) to recognize a new industry.

‘‘(B) E

XCEPTION FOR GEOGRAPHIC REQUIREMENTS

.—The

Administrator may not further segment an industry cat-

egory based on geographic requirements unless—

‘‘(i) the Government typically designates the

geographic area where work for contracts for goods

or services is to be performed;

‘‘(ii) Government purchases comprise the major

portion of the entire domestic market for such goods

or services; and

‘‘(iii) it is unreasonable to expect competition from

business concerns located outside of the general

geographic area due to the fixed location of facilities,

high mobilization costs, or similar economic factors.

‘‘(3) D

ETERMINATIONS WITH RESPECT TO AWARDS OR CON

TRACTS

.—Determinations made pursuant to paragraph (1) may

be made for individual awards or contracts, any part of an

award or contract or task order, or for classes of awards or

contracts or task orders.

‘‘(4) I

NCREASING PRIME CONTRACTING OPPORTUNITIES FOR

SMALL BUSINESS CONCERNS

.—

‘‘(A) D

ESCRIPTION OF COVERED PROPOSED PROCURE

MENTS

.—The requirements of this paragraph shall apply

to a proposed procurement that includes in its statement

of work goods or services currently being supplied or per-

formed by a small business concern and, as determined

by the Administrator—

‘‘(i) is in a quantity or of an estimated dollar value

which makes the participation of a small business con-

cern as a prime contractor unlikely;

‘‘(ii) in the case of a proposed procurement for

construction, seeks to bundle or consolidate discrete

construction projects; or

‘‘(iii) is a solicitation that involves an unnecessary

or unjustified bundling of contract requirements.

‘‘(B) N

OTICE TO PROCUREMENT CENTER REPRESENTA

TIVES

.—With respect to proposed procurements described

in subparagraph (A), at least 30 days before issuing a

solicitation and concurrent with other processing steps

required before issuing the solicitation, the contracting

agency shall provide a copy of the proposed procurement

to the procurement center representative of the contracting

agency (as described in subsection (l)) along with a state-

ment explaining—

‘‘(i) why the proposed procurement cannot be

divided into reasonably small lots (not less than eco-

nomic production runs) to permit offers on quantities

less than the total requirement;

‘‘(ii) why delivery schedules cannot be established

on a realistic basis that will encourage the participation

of small business concerns in a manner consistent with

the actual requirements of the Government;

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130 STAT. 2650 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(iii) why the proposed procurement cannot be

offered to increase the likelihood of the participation

of small business concerns;

‘‘(iv) in the case of a proposed procurement for

construction, why the proposed procurement cannot

be offered as separate discrete projects; or

‘‘(v) why the contracting agency has determined

that the bundling of contract requirements is necessary

and justified.

‘‘(C) A

LTERNATIVES TO INCREASE PRIME CONTRACTING

OPPORTUNITIES FOR SMALL BUSINESS CONCERNS

.—If the

procurement center representative believes that the pro-

posed procurement will make the participation of small

business concerns as prime contractors unlikely, the

procurement center representative, within 15 days after

receiving the statement described in subparagraph (B),

shall recommend to the contracting agency alternative

procurement methods for increasing prime contracting

opportunities for small business concerns.

‘‘(D) F

AILURE TO AGREE ON AN ALTERNATIVE PROCURE

MENT METHOD

.—If the procurement center representative

and the contracting agency fail to agree on an alternative

procurement method, the Administrator shall submit the

matter to the head of the appropriate department or agency

for a determination.

‘‘(5) C

ONTRACTS 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) S

ALE 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) C

OSTS EXCEEDING FAIR MARKET PRICE

.—A contract may

not be awarded under this subsection if the cost of the contract

to the awarding agency exceeds a fair market price.’’.

SEC. 1802. TRANSPARENCY IN SMALL BUSINESS GOALS.

Section 15(h)(3) of the Small Business Act (15 U.S.C. 644(h)(3))

is amended to read as follows:

‘‘(3) P

ROCUREMENT DATA

.—

‘‘(A) F

EDERAL PROCUREMENT DATA SYSTEM

.—

‘‘(i) I

N GENERAL

.—To assist in the implementation

of this section, the Administrator shall have access

to information collected through the Federal Procure-

ment Data System, Federal Subcontracting Reporting

System, or any new or successor system.

‘‘(ii) GSA

REPORT

.—On the date that the Adminis-

trator makes available the report required under para-

graph (2), the Administrator of the General Services

Administration shall submit to the President and Con-

gress, and shall make available on a public website,

a report in the same form and manner, and including

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130 STAT. 2651 PUBLIC LAW 114–328—DEC. 23, 2016

the same information, as the report required under

paragraph (2). The report shall include all procure-

ments made for the period covered by the report and

may not exclude any contract awarded.

‘‘(B) A

GENCY PROCUREMENT DATA SOURCES

.—To assist

in the implementation of this section, the head of each

contracting agency shall provide, upon request of the

Administrator, procurement information collected through

agency data collection sources in existence at the time

of the request. Contracting agencies shall not be required

to establish new data collection systems to provide such

data.’’.

Subtitle B—Clarifying the Roles of Small

Business Advocates

SEC. 1811. SCOPE OF REVIEW BY PROCUREMENT CENTER REPRESENT-

ATIVES.

(a) Section 15(l) of the Small Business Act (15 U.S.C. 644(l))

is amended by adding at the end the following new paragraph:

‘‘(9) S

COPE OF REVIEW

.—The Administrator—

‘‘(A) may not limit the scope of review by the procure-

ment center representative for any solicitation of a contract

or task order without regard to whether the contract or

task order or part of the contract or task order is set

aside for small business concerns, whether 1 or more con-

tracts or task order awards are reserved for small business

concerns under a multiple award contract, or whether or

not the solicitation would result in a bundled or consoli-

dated contract (as defined in subsection (s)) or a bundled

or consolidated task order; and

‘‘(B) shall, unless the contracting agency requests a

review, limit the scope of review by the procurement center

representative for any solicitation of a contract or task

order if such solicitation is awarded by or for the Depart-

ment of Defense and—

‘‘(i) is conducted pursuant to section 22 of the

Arms Export Control Act (22 U.S.C. 2762);

‘‘(ii) is a humanitarian operation as defined in

section 401(e) of title 10, United States Code;

‘‘(iii) is for a contingency operation, as defined

in section 101(a)(13) of title 10, United States Code;

‘‘(iv) is to be awarded pursuant to an agreement

with the government of a foreign country in which

Armed Forces of the United States are deployed; or

‘‘(v) both the place of award and the place of

performance are outside of the United States and its

territories.’’.

(b) Section 15(g)(2)(B) of the Small Business Act (15 U.S.C.

644(g)(2)(B) is amended by inserting after the period at the end

the following new sentence: ‘‘Contracts excluded from review by

procurement center representatives pursuant to subsection (l)(9)(B)

shall not be considered when establishing these goals.’’.

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130 STAT. 2652 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 1812. DUTIES OF THE OFFICE OF SMALL AND DISADVANTAGED

BUSINESS UTILIZATION.

Section 15(k) of the Small Business Act (15 U.S.C. 644(k))

is amended—

(1) by striking ‘‘section 8, 15 or 44’’ and inserting ‘‘section

8, 15, 31, 36, or 44’’;

(2) by striking ‘‘sections 8 and 15’’ each place such term

appears and inserting ‘‘sections 8, 15, 31, 36, and 44’’;

(3) in paragraph (10), by striking ‘‘section 8(a)’’ and

inserting ‘‘section 8, 15, 31, or 36’’;

(4) in paragraph (17)(C), by striking the period at the

end and inserting a semicolon;

(5) by inserting after paragraph (17) the following new

paragraph:

‘‘(18) shall review summary data provided by purchase

card issuers of purchases made by the agency greater than

the micro-purchase threshold (as defined under section 1902

of title 41, United Stated Code) and less than the simplified

acquisition threshold to ensure that the purchases have been

made in compliance with the provisions of this Act and have

been properly recorded in the Federal Procurement Data

System, if the method of payment is a purchase card issued

by the Department of Defense pursuant to section 2784 of

title 10, United States Code, or by the head of an executive

agency pursuant to section 1909 of title 41, United States

Code;’’; and

(6) in paragraph (16)—

(A) in subparagraph (B), by striking ‘‘and’’ at the end;

and

(B) by adding at the end the following new subpara-

graph:

‘‘(D) any failure of the agency to comply with section

8, 15, 31, or 36;’’.

SEC. 1813. IMPROVING CONTRACTOR COMPLIANCE.

(a) R

EQUIREMENTS FOR THE

FFICE OF

MALL AND

ISADVAN

TAGED

USINESS

TILIZATION

.—Section 15(k) of the Small Business

Act (15 U.S.C. 644(k)(8)), as amended by this Act, is further

amended by inserting after paragraph (18) (as inserted by section

1812 of this Act) the following new paragraph:

‘‘(19) shall provide assistance to a small business concern

awarded a contract or subcontract under this Act or under

title 10 or title 41, United States Code, in finding resources

for education and training on compliance with contracting regu-

lations (including the Federal Acquisition Regulation) after

award of such a contract or subcontract; and’’.

(b) R

EQUIREMENTS

NDER THE

ENTOR

-P

ROTEGE

ROGRAM OF

THE

EPARTMENT OF

EFENSE

.—Section 831(e)(1) of the National

Defense Authorization Act for Fiscal Year 1991 (Public Law 101–

510; 104 Stat. 1607; 10 U.S.C. 2302 note) is amended—

(1) in subparagraph (B), by striking ‘‘and’’ at the end;

(2) in subparagraph (C), by striking the period at the

end and inserting ‘‘; and’’; and

(3) by adding at the end the following new subparagraph:

‘‘(D) the assistance the mentor firm will provide to

the protege firm in understanding contract regulations of

the Federal Government and the Department of Defense

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130 STAT. 2653 PUBLIC LAW 114–328—DEC. 23, 2016

(including the Federal Acquisition Regulation and the

Defense Federal Acquisition Regulation Supplement) after

award of a subcontract under this section, if applicable.’’.

ESOURCES FOR

MALL

USINESS

ONCERNS

.—Section 15

of the Small Business Act (15 U.S.C. 644) is amended by adding

at the end the following new subsection:

‘‘(u) P

OST

-A

WARD

OMPLIANCE

ESOURCES

.—The Administrator

shall provide to small business development centers and entities

participating in the Procurement Technical Assistance Cooperative

Agreement Program under chapter 142 of title 10, United States

Code, and shall make available on the website of the Administra-

tion, a list of resources for small business concerns seeking edu-

cation and assistance on compliance with contracting regulations

(including the Federal Acquisition Regulation) after award of a

contract or subcontract.’’.

(d) R

EQUIREMENTS FOR

ROCUREMENT

ENTER

EPRESENTA

TIVES

.—Section 15(l)(2) of the Small Business Act (15 U.S.C.

644(l)(2)) is amended—

(1) by redesignating subparagraph (I) as subparagraph (J);

(2) in subparagraph (H), by striking ‘‘and’’ at the end;

and

(3) by inserting after subparagraph (H) the following new

subparagraph:

‘‘(I) assist small business concerns with finding

resources for education and training on compliance with

contracting regulations (including the Federal Acquisition

Regulation) after award of a contract or subcontract; and’’.

(e) R

EQUIREMENTS

NDER THE

ENTOR

-P

ROTEGE

ROGRAM OF

THE

MALL

USINESS

DMINISTRATION

.—Section 45(b)(3) of the

Small Business Act (15 U.S.C. 657r(b)(3)) is amended by adding

at the end the following new subparagraph:

‘‘(K) The types of assistance provided by a mentor

to assist with compliance with the requirements of con-

tracting with the Federal Government after award of a

contract or subcontract under this section.’’.

SEC. 1814. IMPROVING EDUCATION ON SMALL BUSINESS REGULA-

TIONS.

(a) R

EGULATORY

HANGES AND

RAINING

ATERIALS

.—Section

15 of the Small Business Act (15 U.S.C. 644), as amended by

section 1813, is further amended by adding at the end the following

new subsection:

‘‘(v) R

EGULATORY

HANGES AND

RAINING

ATERIALS

.—Not less

than annually, the Administrator shall provide to the Defense

Acquisition University (established under section 1746 of title 10,

United States Code), the Federal Acquisition Institute (established

under section 1201 of title 41, United States Code), the individual

responsible for mandatory training and education of the acquisition

workforce of each agency (described under section 1703(f)(1)(C) of

title 41, United States Code), small business development centers,

and entities participating in the Procurement Technical Assistance

Cooperative Agreement Program under chapter 142 of title 10,

United States Code—

‘‘(1) a list of all changes made in the prior year to regula-

tions promulgated—

‘‘(A) by the Administrator that affect Federal acquisi-

tion; and

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130 STAT. 2654 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(B) by the Federal Acquisition Council that implement

amendments to this Act; and

‘‘(2) any materials the Administrator has developed that

explain, train, or assist Federal agencies or departments or

small business concerns with compliance with the regulations

described in paragraph (1).’’.

(b) T

RAINING

PDATED

.—After receipt of information

from the Administrator of the Small Business Administration pursu-

ant to section 15(v) of the Small Business Act, the Defense Acquisi-

tion University (established under section 1746 of title 10, United

States Code) and the Federal Acquisition Institute (established

under section 1201 of title 41, United States Code) shall periodically

update the training provided to the acquisition workforce to incor-

porate such information.

Subtitle C—Strengthening Opportunities

for Competition in Subcontracting

SEC. 1821. GOOD FAITH IN SUBCONTRACTING.

(a) T

RANSPARENCY IN

UBCONTRACTING

OALS

.—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) M

ATERIAL BREACH

.—The failure’’;

(2) in subparagraph (A), by striking ‘‘or’’ at the end;

(3) in subparagraph (B), by inserting ‘‘or’’ at the end;

(4) by inserting after subparagraph (B) the following new

subparagraph:

‘‘(C) assurances provided under paragraph (6)(E),’’; and

(5) by moving the margins of subparagraphs (A) and (B),

and the matter after subparagraph (C) (as inserted by para-

graph (4)), 2 ems to the right.

(b) R

EVIEW OF

UBCONTRACTING

LANS

.—Section 15(k) of the

Small Business Act (15 U.S.C. 644(k)) as amended by this Act,

is further amended by inserting after paragraph (19) (as inserted

by section 1813 of this Act) the following new paragraph:

‘‘(20) shall review all subcontracting plans required by para-

graph (4) or (5) of section 8(d) to ensure that the plan provides

maximum practicable opportunity for small business concerns

to participate in the performance of the contract to which

the plan applies.’’.

OOD

AITH

OMPLIANCE

.—Not later than 270 days after

the date of enactment of this title, the Administrator of the Small

Business Administration shall provide examples of activities that

would be considered a failure to make a good faith effort to comply

with the requirements imposed on an entity (other than a small

business concern as defined under section 3 of the Small Business

Act (15 U.S.C. 632)) that is awarded a prime contract containing

the clauses required under paragraph (4) or (5) of section 8(d)

of the Small Business Act (15 U.S.C. 637(d)).

SEC. 1822. PILOT PROGRAM TO PROVIDE OPPORTUNITIES FOR QUALI-

FIED SUBCONTRACTORS TO OBTAIN PAST PERFORMANCE

RATINGS.

Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is

amended by adding at the end the following new paragraph:

15 USC 637 note.

15 USC 644 note.

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130 STAT. 2655 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(17) P

ILOT

ROGRAM

ROVIDING

AST

ERFORMANCE

ATINGS

FOR

THER

MALL

USINESS

UBCONTRACTORS

.—

‘‘(A) E

STABLISHMENT

.—The Administrator shall establish

a pilot program for a small business concern without a past

performance rating as a prime contractor performing as a first

tier subcontractor for a covered contract (as defined in para-

graph 13(A)) to request a past performance rating in the system

used by the Federal Government to monitor or record contractor

past performance.

‘‘(B) A

PPLICATION

.—A small business concern described in

subparagraph (A) shall submit an application to the appropriate

official for a past performance rating no later than 270 days

after the small business concern completed the work for which

it seeks a past performance rating or 180 days after the prime

contractor completes work on the covered contract, whichever

is earlier. Such application shall include written evidence of

the past performance factors for which the small business con-

cern seeks a rating and a suggested rating.

‘‘(C) D

ETERMINATION

.—The appropriate official shall submit

the application from the small business concern to the Office

of Small and Disadvantaged Business Utilization for the cov-

ered contract and to the prime contractor for review. The Office

of Small and Disadvantaged Business Utilization and the prime

contractor shall, not later than 30 days after receipt of the

application, submit to the appropriate official a response

regarding the application.

‘‘(i) A

GREEMENT ON RATING

.—If the Office of Small

and Disadvantaged Business Utilization and the prime con-

tractor agree on a past performance rating, or if either

the Office of Small and Disadvantaged Business Utilization

or the prime contractor fail to respond and the responding

person agrees with the rating of the applicant small busi-

ness concern, the appropriate official shall enter the agreed-

upon past performance rating in the system described in

subparagraph (A).

‘‘(ii) D

ISAGREEMENT ON RATING

.—If the Office of Small

and Disadvantaged Business Utilization and the prime con-

tractor fail to respond within 30 days or if they disagree

about the rating, or if either the Office of Small and Dis-

advantaged Business Utilization or the prime contractor

fail to respond and the responding person disagrees with

the rating of the applicant small business concern, the

Office of Small and Disadvantaged Business Utilization

or the prime contractor shall submit a notice contesting

the application to the appropriate official. The appropriate

official shall follow the requirements of subparagraph (D).

‘‘(D) P

ROCEDURE FOR RATING

.—Not later than 14 calendar

days after receipt of a notice under subparagraph (C)(ii), the

appropriate official shall submit such notice to the applicant

small business concern. Such concern may submit comments,

rebuttals, or additional information relating to the past

performance of such concern not later 14 calendar days after

receipt of such notice. The appropriate official shall enter into

the system described in subparagraph (A) a rating that is

neither favorable nor unfavorable along with the initial applica-

tion from such concern, any responses of the Office of Small

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130 STAT. 2656 PUBLIC LAW 114–328—DEC. 23, 2016

and Disadvantaged Business Utilization and the prime con-

tractor, and any additional information provided by such con-

cern. A copy of the information submitted shall be provided

to the contracting officer (or designee of such officer) for the

covered contract.

‘‘(E) U

SE 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) D

URATION

.—The pilot program established under this

paragraph shall terminate 3 years after the date on which

the first applicant small business concern receives a past

performance rating for performance as a first tier subcontractor.

‘‘(G) R

EPORT

.—The Comptroller General of the United

States shall begin an assessment of the pilot program 1 year

after the establishment of such program. Not later than 6

months after beginning such assessment, the Comptroller Gen-

eral shall submit a report to the Committee on Small Business

and Entrepreneurship of the Senate and the Committee on

Small Business of the House of Representatives, which shall

include—

‘‘(i) the number of small business concerns that have

received past performance ratings under the pilot program;

‘‘(ii) the number of applications in which the con-

tracting officer (or designee) or the prime contractor con-

tested the application of the small business concern;

‘‘(iii) any suggestions or recommendations the Comp-

troller General or the small business concerns participating

in the program have to address disputes between the small

business concern, the contracting officer (or designee), and

the prime contractor on past performance ratings;

‘‘(iv) the number of small business concerns awarded

prime contracts after receiving a past performance rating

under this pilot program; and

‘‘(v) any suggestions or recommendation the Comp-

troller General has to improve the operation of the pilot

program.

‘‘(H) A

PPROPRIATE OFFICIAL DEFINED

.—In this paragraph,

the term ‘appropriate official’ means—

‘‘(i) a commercial market representative;

‘‘(ii) another individual designated by the senior official

appointed by the Administrator with responsibilities under

sections 8, 15, 31, and 36; or

‘‘(iii) the Office of Small and Disadvantaged Business

Utilization of a Federal agency, if the head of the Federal

agency and the Administrator agree.’’.

SEC. 1823. AMENDMENTS TO THE MENTOR-PROTEGE PROGRAM OF

THE DEPARTMENT OF DEFENSE.

Section 831 of the National Defense Authorization Act for Fiscal

Year 1991 (Public Law 101–510; 104 Stat. 1607; 10 U.S.C. 2302

note) is amended—

(1) by amending subsection (d) to read as follows:

‘‘(d) M

ENTOR

IRM

LIGIBILITY

.—

‘‘(1) Subject to subsection (c)(1), a mentor firm may enter

into an agreement with one or more protege firms under sub-

section (e) and provide assistance under the program pursuant

to that agreement if the mentor firm—

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130 STAT. 2657 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) is eligible for award of Federal contracts; and

‘‘(B) demonstrates that it—

‘‘(i) is qualified to provide assistance that will con-

tribute to the purpose of the program;

‘‘(ii) is of good financial health and character and

does not appear on a Federal list of debarred or sus-

pended contractors; and

‘‘(iii) can impart value to a protege firm because

of experience gained as a Department of Defense con-

tractor or through knowledge of general business oper-

ations and government contracting, as demonstrated

by evidence that—

‘‘(I) during the fiscal year preceding the fiscal

year in which the mentor firm enters into the

agreement, the total amount of the Department

of Defense contracts awarded such mentor firm

and the subcontracts awarded such mentor firm

under Department of Defense contracts was equal

to or greater than $100,000,000; or

‘‘(II) the mentor firm demonstrates the capa-

bility to assist in the development of protege firms,

and is approved by the Secretary of Defense pursu-

ant to criteria specified in the regulations pre-

scribed pursuant to subsection (k).

‘‘(2) A mentor firm may not enter into an agreement with

a protege firm if the Administrator of the Small Business

Administration has made a determination finding affiliation

between the mentor firm and the protege firm.

‘‘(3) If the Administrator of the Small Business Administra-

tion has not made such a determination and if the Secretary

has reason to believe (based on the regulations promulgated

by the Administrator regarding affiliation) that the mentor

firm is affiliated with the protege firm, the Secretary shall

request a determination regarding affiliation from the Adminis-

trator of the Small Business Administration.’’;

(2) in subsection (n), by amending paragraph (9) to read

as follows:

‘‘(9) The term ‘affiliation’, with respect to a relationship

between a mentor firm and a protege firm, means a relationship

described under section 121.103 of title 13, Code of Federal

Regulations (or any successor regulation).’’; and

(3) in subsection (f)(6)—

(A) in subparagraph (B), by striking ‘‘or’’ at the end;

(B) in subparagraph (C), by striking the period at

the end and inserting ‘‘; or’’; and

graph:

‘‘(D) women’s business centers described in section 29

of the Small Business Act (15 U.S.C. 656).’’.

Subtitle D—Miscellaneous Provisions

SEC. 1831. IMPROVEMENTS TO SIZE STANDARDS FOR SMALL AGRICUL-

TURAL PRODUCERS.

(a) A

MENDMENT TO

EFINITION OF

GRICULTURAL

NTER

PRISES

.—Paragraph (1) of section 18(b) of the Small Business Act

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130 STAT. 2658 PUBLIC LAW 114–328—DEC. 23, 2016

(15 U.S.C. 647(b)(1)) is amended by striking ‘‘businesses’’ and

inserting ‘‘small business concerns’’.

(b) E

QUAL

REATMENT OF

MALL

ARMS

.—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.’’.

PDATED

IZE

TANDARDS

.—Size standards established for

agricultural enterprises under section 3(a) of the Small Business

Act (15 U.S.C. 632(a)) shall be subject to the rolling review proce-

dures established under section 1344(a) of the Small Business Jobs

Act of 2010 (15 U.S.C. 632 note).

SEC. 1832. UNIFORMITY IN SERVICE-DISABLED VETERAN DEFINITIONS.

(a) S

MALL

USINESS

EFINITION OF

MALL

USINESS

ONCERN

ONSOLIDATED

.—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) S

MALL BUSINESS CONCERN OWNED AND CONTROLLED

BY SERVICE

DISABLED VETERANS

.—The term ‘small business con-

cern owned and controlled by service-disabled veterans’ means

any of the following:

‘‘(A) A small business concern—

‘‘(i) not less than 51 percent of which is owned

by one or more service-disabled veterans or, in the

case of any publicly owned business, not less than

51 percent of the stock (not including any stock owned

by an ESOP) of which is owned by one or more service-

disabled veterans; and

‘‘(ii) the management and daily business operations

of which are controlled by one or more service-disabled

veterans or, in the case of a veteran with permanent

and severe disability, the spouse or permanent care-

giver of such veteran.

‘‘(B) A small business concern—

‘‘(i) not less than 51 percent of which is owned

by one or more service-disabled veterans with a dis-

ability that is rated by the Secretary of Veterans

Affairs as a permanent and total disability who are

unable to manage the daily business operations of such

concern; or

‘‘(ii) in the case of a publicly owned business, not

less than 51 percent of the stock (not including any

stock owned by an ESOP) of which is owned by one

or more such veterans.

‘‘(C)(i) During the time period described in clause (ii),

a small business concern that was a small business concern

described in subparagraph (A) or (B) immediately prior

to the death of a service-disabled veteran who was the

owner of the concern, the death of whom causes the concern

to be less than 51 percent owned by one or more service-

disabled veterans, if—

‘‘(I) the surviving spouse of the deceased veteran

acquires such veteran’s ownership interest in such con-

cern;

‘‘(II) such veteran had a service-connected dis-

ability (as defined in section 101(16) of title 38, United

States Code) rated as 100 percent disabling under the

15 USC 632 note.

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130 STAT. 2659 PUBLIC LAW 114–328—DEC. 23, 2016

laws administered by the Secretary of Veterans Affairs

or such veteran died as a result of a service-connected

disability; and

‘‘(III) immediately prior to the death of such vet-

eran, and during the period described in clause (ii),

the small business concern is included in the database

described in section 8127(f) of title 38, United States

Code.

‘‘(ii) The time period described in this clause is the

time period beginning on the date of the veteran’s death

and ending on the earlier of—

‘‘(I) the date on which the surviving spouse

remarries;

‘‘(II) the date on which the surviving spouse relin-

quishes an ownership interest in the small business

concern; or

‘‘(III) the date that is 10 years after the date

of the death of the veteran.’’; and

(2) by adding at the end the following new paragraphs:

‘‘(6) ESOP.—The term ‘ESOP’ has the meaning given the

term ‘employee stock ownership plan’ in section 4975(e)(7) of

the Internal Revenue Code of 1986 (26 U.S.C. 4975(e)(7)).

‘‘(7) S

URVIVING SPOUSE

.—The term ‘surviving spouse’ has

the meaning given such term in section 101(3) of title 38,

United States Code.’’.

(b) V

ETERANS

FFAIRS

EFINITION OF

MALL

USINESS

CERN

ONSOLIDATED

.—

(1) I

N GENERAL

.—Section 8127 of title 38, United States

Code, is amended—

(A) by striking subsection (h) and redesignating sub-

sections (i) through (l) as subsections (h) through (k),

respectively; and

(B) in subsection (k), as so redesignated—

(i) by amending paragraph (2) to read as follows:

‘‘(2) The term ‘small business concern owned and controlled

by veterans’ has the meaning given that term under section

3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)).’’; and

(ii) by adding at the end the following new para-

graph:

‘‘(3) The term ‘small business concern owned and controlled

by veterans with service-connected disabilities’ has the meaning

given the term ‘small business concern owned and controlled

by service-disabled veterans’ under section 3(q)(2) of the Small

Business Act (15 U.S.C. 632(q)(2)).’’.

(2) C

ONFORMING 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’’;

concerns owned and controlled by veterans with service-

connected disabilities’’ after ‘‘small business concerns

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130 STAT. 2660 PUBLIC LAW 114–328—DEC. 23, 2016

owned and controlled by veterans’’ both places it appears;

and

(D) in subsection (f)(1), by inserting ‘‘, small business

concerns owned and controlled by veterans with service-

connected disabilities,’’ after ‘‘small business concerns

owned and controlled by veterans’’.

ECHNICAL

ORRECTION

.—Section 8(d)(3) of the Small Busi-

ness Act (15 U.S.C. 637(d)(3)), is amended by adding at the end

the following new subparagraph:

‘‘(H) In this contract, the term ‘small business concern

owned and controlled by service-disabled veterans’ has the

meaning given that term in section 3(q).’’.

(d) R

EGULATIONS

ELATING TO

ATABASE OF THE

ECRETARY

ETERANS

FFAIRS

.—

(1) R

EQUIREMENT TO USE CERTAIN SMALL BUSINESS ADMINIS

TRATION REGULATIONS

.—Section 8127(f)(4) of title 38, United

States Code, is amended by striking ‘‘verified’’ and inserting

‘‘verified, using regulations issued by the Administrator of the

Small Business Administration with respect to the status of

the concern as a small business concern and the ownership

and control of such concern,’’.

(2) P

ROHIBITION 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) D

ELAYED

FFECTIVE

ATE

.—The amendments made by sub-

sections (a), (b), (c), and (d) shall take effect on the date on which

the Administrator of the Small Business Administration and the

Secretary of Veterans Affairs jointly issue regulations implementing

such sections.

(f) A

PPEALS OF

NCLUSION IN

ATABASE

.—

(1) I

N GENERAL

.—Section 8127(f) of title 38, United States

Code, as amended by this section, is further amended by adding

at the end the following new paragraph:

‘‘(8)(A) If a small business concern is not included in the data-

base because the Secretary does not verify the status of the concern

as a small business concern or the ownership or control of the

concern, the concern may appeal the denial of verification to the

Office of Hearings and Appeals of the Small Business Administra-

tion (as established under section 5(i) of the Small Business Act).

The decision of the Office of Hearings and Appeals shall be consid-

ered a final agency action.

‘‘(B)(i) If an interested party challenges the inclusion in the

database of a small business concern owned and controlled by

veterans or a small business concern owned and controlled by

veterans with service-connected disabilities based on the status

of the concern as a small business concern or the ownership or

control of the concern, the challenge shall be heard by the Office

of Hearings and Appeals of the Small Business Administration

as described in subparagraph (A). The decision of the Office of

Hearings and Appeals shall be considered final agency action.

‘‘(ii) In this subparagraph, the term ‘interested party’ means—

‘‘(I) the Secretary; or

15 USC 632 note.

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130 STAT. 2661 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(II) in the case of a small business concern that is awarded

a contract, the contracting officer of the Department or another

small business concern that submitted an offer for the contract

that was awarded to the small business concern that is the

subject of a challenge made under clause (i).

‘‘(C) For each fiscal year, the Secretary shall reimburse the

Administrator of the Small Business Administration in an amount

necessary to cover any cost incurred by the Office of Hearings

and Appeals of the Small Business Administration for actions taken

by the Office under this paragraph. The Administrator is authorized

to accept such reimbursement. The amount of any such reimburse-

ment shall be determined jointly by the Secretary and the Adminis-

trator and shall be provided from fees collected by the Secretary

under multiple-award schedule contracts. Any disagreement about

the amount shall be resolved by the Director of the Office of Manage-

ment and Budget.’’.

(2) E

FFECTIVE DATE

.—Paragraph (8) of subsection (f) of

title 38, United States Code, as added by paragraph (1), shall

apply with respect to a verification decision made by the Sec-

retary of Veterans Affairs on or after the date of the enactment

of this Act.

SEC. 1833. OFFICE OF HEARINGS AND APPEALS.

(a) C

LARIFICATION AS TO

URISDICTION

.—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) J

URISDICTION

.—

‘‘(i) I

N GENERAL

.—Except as provided in clause

(ii), the Office of Hearings and Appeals shall hear

appeals of agency actions under or pursuant to this

Act, the Small Business Investment Act of 1958 (15

U.S.C. 661 et seq.), and title 13 of the Code of Federal

Regulations, and shall hear such other matters as the

Administrator may determine appropriate.

‘‘(ii) E

XCEPTION

.—The Office of Hearings and

Appeals shall not adjudicate disputes that require a

hearing on the record, except disputes pertaining to

the small business programs described in this Act.’’.

(b) N

ULES OR

UIDANCE FOR

ETITIONS FOR

ECONSIDER

ATION

.—Section 3(a)(9) of the Small Business Act (15 U.S.C.

632(a)(9)) is amended by adding at the end the following new

subparagraph:

‘‘(E) R

ULES OR GUIDANCE

.—The Office of Hearings and

Appeals shall begin accepting petitions for reconsideration

described in subparagraph (A) after the date on which

the Administration issues a rule or other guidance imple-

menting this paragraph. Notwithstanding the provisions

of subparagraph (B), petitions for reconsideration of size

standards revised, modified, or established in a Federal

and the effective date of such rule or other guidance shall

be considered timely if filed within 30 days of such effective

date.’’.

SEC. 1834. EXTENSION OF SBIR AND STTR PROGRAMS.

(a) SBIR.—Section 9(m) of the Small Business Act (15 U.S.C.

638(m)) is amended by striking ‘‘September 30, 2017’’ and inserting

‘‘September 30, 2022’’.

38 USC 8127

note.

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130 STAT. 2662 PUBLIC LAW 114–328—DEC. 23, 2016

(b) STTR.—Section 9(n)(1) of the Small Business Act (15 U.S.C.

638(n)(1)) is amended by striking ‘‘fiscal year 2017’’ and inserting

‘‘fiscal year 2022’’.

SEC. 1835. ISSUANCE OF GUIDANCE ON SMALL BUSINESS MATTERS.

Not later than 180 days after the date of enactment of this

Act, the Administrator of the Small Business Administration and

the Secretary of Veterans Affairs shall issue guidance pertaining

to the amendments made by this title to the Small Business Act

and section 8127 of title 38, United States Code. The Administrator

and the Secretary shall provide notice and opportunity for comment

on such guidance for a period of not less than 60 days.

Subtitle E—Improving Cyber Preparedness

for Small Businesses

SEC. 1841. SMALL BUSINESS DEVELOPMENT CENTER CYBER STRATEGY

AND OUTREACH.

(a) S

MALL

USINESS

EVELOPMENT

ENTER

YBER

TRATEGY

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Administrator of the Small

Business Administration and the Secretary of Homeland Secu-

rity shall work collaboratively to develop a cyber strategy for

small business development centers to be known as the ‘‘Small

Business Development Center Cyber Strategy’’.

(2) C

ONSULTATION

.—In developing the strategy under this

subsection, the Administrator of the Small Business Adminis-

tration and the Secretary of Homeland Security shall consult

with entities representing the concerns of small business

development centers, including any association recognized

under section 21(a)(3)(A) of the Small Business Act (15 U.S.C.

648(a)(3)(A)).

(3) C

ONTENT

.—The strategy required under paragraph (1)

shall include, at minimum, the following:

(A) Plans for allowing small business development cen-

ters (hereinafter in this paragraph referred to as ‘‘SBDCs’’)

to access existing cyber programs of the Department of

Homeland Security and other appropriate Federal agencies

to enhance services and streamline cyber assistance to

small business concerns.

(B) To the extent practicable, methods for providing

counsel and assistance to improve a small business con-

cern’s cybersecurity infrastructure, awareness of cyber

threat indicators, and cyber training programs for

employees, including—

(i) working to ensure individuals are aware of best

practices in the areas of cybersecurity, awareness of

cyber threat indicators, and cyber training;

(ii) working with individuals to develop cost-effec-

tive plans for implementing best practices in these

areas;

(iii) entering into agreements, where practical,

with Information Sharing and Analysis Centers or

similar entities that share cyber information to gain

an awareness of actionable cyber threat indicators that

may be beneficial to small business concerns; and

15 USC 632 note.

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130 STAT. 2663 PUBLIC LAW 114–328—DEC. 23, 2016

(iv) providing referrals to area specialists when

necessary.

(i) how Federal Government programs, projects,

and activities can be leveraged by SBDCs to improve

access to high-quality cyber support for small business

concerns;

(ii) additional resources SBDCs may need to effec-

tively carry out their role; and

(iii) how SBDCs can leverage existing partnerships

and develop new partnerships with Federal, State, and

local government entities as well as private entities

to improve the quality of cyber support services to

small business concerns.

(4) D

ELIVERY OF STRATEGY

.—Not later than 1 year after

the date of the enactment of this Act, the Small Business

Administrator and the Secretary of Homeland Security shall

submit to the Committees on Homeland Security and Small

Business of the House of Representatives and the Committees

on Homeland Security and Governmental Affairs and Small

Business and Entrepreneurship of the Senate the Small Busi-

ness Development Center Cyber Strategy developed under para-

graph (1).

(5) D

EFINITIONS

.—In this subsection, the following defini-

tions shall apply:

(A) C

YBER THREAT INDICATOR

.—The term ‘‘cyber threat

indicator’’ has the meaning given such term in section

227(a) of the Homeland Security Act of 2002 (6 U.S.C.

148(a)).

(B) S

MALL BUSINESS DEVELOPMENT CENTER

.—The term

‘‘small business development center’’ has the meaning given

such term in section 3 of the Small Business Act (15

U.S.C. 632).

(b) C

YBERSECURITY

UTREACH FOR

MALL

USINESS

EVELOP

MENT

ENTERS

.—Section 227 of the Homeland Security Act of 2002

(6 U.S.C. 148) is amended—

(1) by redesignating subsection (l) as subsection (m); and

(2) by inserting after subsection (k) the following new sub-

section:

‘‘(l) C

YBERSECURITY

UTREACH

.—

‘‘(1) I

N GENERAL

.—The Secretary may leverage small busi-

ness development centers to provide assistance to small busi-

ness concerns by disseminating information on cyber threat

indicators, defense measures, cybersecurity risks, incidents,

analyses, and warnings to help small business concerns in

developing or enhancing cybersecurity infrastructure, aware-

ness of cyber threat indicators, and cyber training programs

for employees.

‘‘(2) D

EFINITIONS

.—For purposes of this subsection, the

terms ‘small business concern’ and ‘small business development

center’ have the meaning given such terms, respectively, under

section 3 of the Small Business Act.’’.

SEC. 1842. ROLE OF SMALL BUSINESS DEVELOPMENT CENTERS IN

CYBERSECURITY AND PREPAREDNESS.

Section 21 of the Small Business Act (15 U.S.C. 648) is

amended—

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130 STAT. 2664 PUBLIC LAW 114–328—DEC. 23, 2016

(1) in subsection (a)(1), by striking ‘‘and providing access

to business analysts who can refer small business concerns

to available experts:’’ and inserting ‘‘providing access to busi-

ness analysts who can refer small business concerns to available

experts; and, to the extent practicable, providing assistance

in furtherance of the Small Business Development Center Cyber

Strategy developed under section 1841(a) of the National

Defense Authorization Act for Fiscal Year 2017:’’; and

(2) in subsection (c)(2)—

(A) in subparagraph (E), by striking ‘‘and’’ at the end;

(B) in subparagraph (F), by striking the period at the

end and inserting ‘‘; and’’; and

graph:

‘‘(G) access to cybersecurity specialists to counsel, assist,

and inform small business concern clients, in furtherance of

the Small Business Development Center Cyber Strategy devel-

oped under section 1841(a) of the National Defense Authoriza-

tion Act for Fiscal Year 2017.’’.

SEC. 1843. ADDITIONAL CYBERSECURITY ASSISTANCE FOR SMALL

BUSINESS DEVELOPMENT CENTERS.

Section 21(a) of the Small Business Act (15 U.S.C. 648(a))

is amended by adding at the end the following new paragraph:

‘‘(8) C

YBERSECURITY ASSISTANCE

.—

‘‘(A) I

N GENERAL

.—The Department of Homeland Secu-

rity, and any other Federal department or agency in

coordination with the Department of Homeland Security,

may leverage small business development centers to pro-

vide assistance to small business concerns by disseminating

information relating to cybersecurity risks and other home-

land security matters to help small business concerns in

developing or enhancing cybersecurity infrastructure,

awareness of cyber threat indicators, and cyber training

programs for employees.

‘‘(B) D

EFINITIONS

.—In this paragraph, the terms ‘cyber-

security risk’ and ‘cyber threat indicator’ have the meanings

given such terms, respectively, under section 227(a) of the

Homeland Security Act of 2002 (6 U.S.C. 148(a)).’’.

SEC. 1844. PROHIBITION ON ADDITIONAL FUNDS.

No additional funds are authorized to be appropriated to carry

out sections 1841 through 1843 or the amendments made by such

sections.

TITLE XIX—DEPARTMENT OF

HOMELAND SECURITY COORDINATION

Sec. 1901. Department of Homeland Security coordination.

Sec. 1902. Office of Strategy, Policy, and Plans of the Department of Homeland Se-

curity.

Sec. 1903. Management and execution.

Sec. 1904. Chief Human Capital Officer of the Department of Homeland Security.

Sec. 1905. Department of Homeland Security transparency.

Sec. 1906. Transparency in research and development.

Sec. 1907. United States Government review of certain foreign fighters.

Sec. 1908. National strategy to combat terrorist travel.

Sec. 1909. National Operations Center.

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130 STAT. 2665 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 1910. Department of Homeland Security strategy for international programs.

Sec. 1911. State and high-risk urban area working groups.

Sec. 1912. Cybersecurity strategy for the Department of Homeland Security.

Sec. 1913. EMP and GMD planning, research and development, and protection and

preparedness.

SEC. 1901. DEPARTMENT OF HOMELAND SECURITY COORDINATION.

(a) I

ENERAL

.—Subsection (d) of section 103 of the Homeland

Security Act of 2002 (6 U.S.C. 113) is amended by adding at

the end the following new paragraph:

‘‘(5) Any Director of a Joint Task Force under section

708.’’.

(b) J

OINT

ASK

ORCES

.—Title VII of the Homeland Security

Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the

end the following new section:

‘‘SEC. 708. JOINT TASK FORCES.

‘‘(a) D

EFINITION

.—In this section, the term ‘situational aware-

ness’ means knowledge and unified understanding of unlawful cross-

border activity, including—

‘‘(1) threats and trends concerning illicit trafficking and

unlawful crossings;

‘‘(2) the ability to forecast future shifts in such threats

and trends;

‘‘(3) the ability to evaluate such threats and trends at

a level sufficient to create actionable plans; and

‘‘(4) the operational capability to conduct continuous and

integrated surveillance of the air, land, and maritime borders

of the United States.

‘‘(b) J

OINT

ASK

ORCES

.—

‘‘(1) E

STABLISHMENT

.—The Secretary may establish and

operate departmental Joint Task Forces to conduct joint oper-

ations using personnel and capabilities of the Department for

the purposes specified in paragraph (2).

‘‘(2) P

URPOSES

.—

‘‘(A) I

N GENERAL

.—Subject to subparagraph (B), the

purposes referred to in paragraph (1) are or relate to the

following:

‘‘(i) Securing the land and maritime borders of

the United States.

‘‘(ii) Homeland security crises.

‘‘(iii) Establishing regionally-based operations.

‘‘(B) L

IMITATION

.—

‘‘(i) I

N GENERAL

.—The Secretary may not establish

a Joint Task Force for any major disaster or emergency

declared under the Robert T. Stafford Disaster Relief

and Emergency Assistance Act (42 U.S.C. 5121 et seq.)

or an incident for which the Federal Emergency

Management Agency has primary responsibility for

management of the response under title V of this Act,

including section 504(a)(3)(A), unless the responsibil-

ities of such a Joint Task Force—

‘‘(I) do not include operational functions

related to incident management, including

coordination of operations; and

‘‘(II) are consistent with the requirements of

paragraphs (3) and (4)(A) of section 503(c) and

section 509(c) of this Act, and section 302 of the

6 USC 348.

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130 STAT. 2666 PUBLIC LAW 114–328—DEC. 23, 2016

Robert T. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5143).

‘‘(ii) R

ESPONSIBILITIES AND FUNCTIONS NOT

REDUCED

.—Nothing in this section may be construed

to reduce the responsibilities or functions of the Federal

Emergency Management Agency or the Administrator

of the Agency under title V of this Act or any other

provision of law, including the diversion of any asset,

function, or mission from the Agency or the Adminis-

trator of the Agency pursuant to section 506.

‘‘(3) J

OINT TASK FORCE DIRECTORS

.—

‘‘(A) D

IRECTOR

.—Each Joint Task Force established

and operated pursuant to paragraph (1) shall be headed

by a Director, appointed by the President, for a term of

not more than two years. The Secretary shall submit to

the President recommendations for such appointments after

consulting with the heads of the components of the Depart-

ment with membership on any such Joint Task Force.

Any Director appointed by the President shall be—

‘‘(i) a current senior official of the Department

with not less than one year of significant leadership

experience at the Department; or

‘‘(ii) if no suitable candidate is available at the

Department, an individual with—

‘‘(I) not less than one year of significant leader-

ship experience in a Federal agency since the

establishment of the Department; and

‘‘(II) a demonstrated ability in, knowledge of,

and significant experience working on the issues

to be addressed by any such Joint Task Force.

‘‘(B) E

XTENSION

.—The Secretary may extend the

appointment of a Director of a Joint Task Force under

subparagraph (A) for not more than two years if the Sec-

retary determines that such an extension is in the best

interest of the Department.

‘‘(4) J

OINT TASK FORCE DEPUTY DIRECTORS

.—For each Joint

Task Force, the Secretary shall appoint a Deputy Director

who shall be an official of a different component or office

of the Department than the Director of such Joint Task Force.

‘‘(5) R

ESPONSIBILITIES

.—The Director of a Joint Task Force,

subject to the oversight, direction, and guidance of the Sec-

retary, shall—

‘‘(A) when established for the purpose referred to in

paragraph (2)(A)(i), maintain situational awareness within

the areas of responsibility of the Joint Task Force, as

determined by the Secretary;

‘‘(B) provide operational plans and requirements for

standard operating procedures and contingency operations

within the areas of responsibility of the Joint Task Force,

as determined by the Secretary;

‘‘(C) plan and execute joint task force activities within

the areas of responsibility of the Joint Task Force, as

determined by the Secretary;

‘‘(D) set and accomplish strategic objectives through

integrated operational planning and execution;

‘‘(E) exercise operational direction over personnel and

equipment from components and offices of the Department

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130 STAT. 2667 PUBLIC LAW 114–328—DEC. 23, 2016

allocated to the Joint Task Force to accomplish the objec-

tives of the Joint Task Force;

‘‘(F) when established for the purpose referred to in

paragraph (2)(A)(i), establish operational and investigative

priorities within the areas of responsibility of the Joint

Task Force, as determined by the Secretary;

‘‘(G) coordinate with foreign governments and other

Federal, State, and local agencies, as appropriate, to carry

out the mission of the Joint Task Force; and

‘‘(H) carry out other duties and powers the Secretary

determines appropriate.

‘‘(6) P

ERSONNEL AND RESOURCES

.—

‘‘(A) I

N GENERAL

.—The Secretary may, upon request

of the Director of a Joint Task Force, and giving appropriate

consideration of risk to the other primary missions of the

Department, allocate to such Joint Task Force on a tem-

porary basis personnel and equipment of components and

offices of the Department.

‘‘(B) C

OST NEUTRALITY

.—A Joint Task Force may not

require more resources than would have otherwise been

required by the Department to carry out the duties

assigned to such Joint Task Force if such Joint Task Force

had not been established.

‘‘(C) L

OCATION OF OPERATIONS

.—In establishing a loca-

tion of operations for a Joint Task Force, the Secretary

shall, to the extent practicable, use existing facilities that

integrate efforts of components of the Department and

State, local, tribal, or territorial law enforcement or mili-

tary entities.

‘‘(D) C

ONSIDERATION OF IMPACT

.—When reviewing

requests for allocation of component personnel and equip-

ment under subparagraph (A), the Secretary shall consider

the impact of such allocation on the ability of the donating

component or office to carry out the primary missions of

the Department, and in the case of the Coast Guard, the

missions specified in section 888.

‘‘(E) L

IMITATION

.—Personnel and equipment of the

Coast Guard allocated under this paragraph may be used

only to carry out operations and investigations related to

the missions specified in section 888.

‘‘(F) R

EPORT

.—The Secretary shall, at the time the

budget of the President is submitted to Congress for a

fiscal year under section 1105(a) of title 31, United States

Code, submit to the Committee on Homeland Security and

the Committee on Transportation and Infrastructure of

the House of Representatives and the Committee on Home-

land Security and Governmental Affairs and the Committee

on Commerce, Science, and Transportation of the Senate

a report on the total funding, personnel, and other

resources that each component or office of the Department

allocated under this paragraph to each Joint Task Force

to carry out the mission of such Joint Task Force during

the fiscal year immediately preceding each such report,

and a description of the degree to which the resources

drawn from each component or office impact the primary

mission of such component or office.

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130 STAT. 2668 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(7) C

OMPONENT RESOURCE AUTHORITY

.—As directed by the

Secretary—

‘‘(A) each Director of a Joint Task Force shall be pro-

vided sufficient resources from relevant components and

offices of the Department and the authority necessary to

carry out the missions and responsibilities of such Joint

Task Force required under this section;

‘‘(B) the resources referred to in subparagraph (A) shall

be under the operational authority, direction, and control

of the Director of the Joint Task Force to which such

resources are assigned; and

‘‘(C) the personnel and equipment of each Joint Task

Force shall remain under the administrative direction of

the head of the component or office of the Department

that provided such personnel or equipment.

‘‘(8) J

OINT TASK FORCE STAFF

.—Each Joint Task Force shall

have a staff, composed of officials from relevant components

and offices of the Department, to assist the Director of such

Joint Task Force in carrying out the mission and responsibil-

ities of such Joint Task Force.

‘‘(9) E

STABLISHMENT OF PERFORMANCE METRICS

.—The Sec-

retary shall—

‘‘(A) establish outcome-based and other appropriate

performance metrics to evaluate the effectiveness of each

Joint Task Force;

‘‘(B) not later than 120 days after the date of the

enactment of this section and 120 days after the establish-

ment of a new Joint Task Force, as appropriate, submit

to the Committee on Homeland Security and the Committee

on Transportation and Infrastructure of the House of Rep-

resentatives and the Committee on Homeland Security and

Governmental Affairs and the Committee on Commerce,

Science, and Transportation of the Senate the metrics

established under subparagraph (A).

‘‘(C) not later than January 31 of each year beginning

in 2017, submit to each committee specified in subpara-

graph (B) a report that contains the evaluation described

in subparagraph (A).

‘‘(10) J

OINT DUTY TRAINING PROGRAM

.—

‘‘(A) I

N GENERAL

.—The Secretary shall—

‘‘(i) establish a joint duty training program in the

Department for the purposes of—

‘‘(I) enhancing coordination within the Depart-

ment; and

‘‘(II) promoting workforce professional develop-

ment; and

‘‘(ii) tailor such joint duty training program to

improve joint operations as part of the Joint Task

Forces.

‘‘(B) E

LEMENTS

.—The joint duty training program

established under subparagraph (A) shall address, at a

minimum, the following topics:

‘‘(i) National security strategy.

‘‘(ii) Strategic and contingency planning.

‘‘(iii) Command and control of operations under

joint command.

‘‘(iv) International engagement.

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130 STAT. 2669 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(v) The homeland security enterprise.

‘‘(vi) Interagency collaboration.

‘‘(vii) Leadership.

‘‘(viii) Specific subject matters relevant to the Joint

Task Force, including matters relating to the missions

specified in section 888, to which the joint duty training

program is assigned.

‘‘(C) T

RAINING REQUIRED

.—

‘‘(i) D

IRECTORS AND DEPUTY DIRECTORS

.—Except

as provided in clauses (iii) and (iv), an individual shall

complete the joint duty training program before being

appointed Director or Deputy Director of a Joint Task

Force.

‘‘(ii) J

OINT TASK FORCE STAFF

.—Each official

serving on the staff of a Joint Task Force shall complete

the joint duty training program within the first year

of assignment to such Joint Task Force.

‘‘(iii) E

XCEPTION

.—Clause (i) shall not apply to the

first Director or Deputy Director appointed to a Joint

Task Force on or after the date of the enactment of

this section.

‘‘(iv) W

AIVER

.—The Secretary may waive the

application of clause (i) if the Secretary determines

that such a waiver is in the interest of homeland

security or necessary to carry out the mission for which

a Joint Task Force was established.

‘‘(11) N

OTIFICATION OF JOINT TASK FORCE FORMATION

.—

‘‘(A) I

N GENERAL

.—Not later than 90 days before estab-

lishing a Joint Task Force under this subsection, the Sec-

retary shall submit to the majority leader of the Senate,

the minority leader of the Senate, the Speaker of the House

of Representatives, the majority leader of the House of

Representatives, the minority leader of the House of Rep-

resentatives, and the Committee on Homeland Security

and the Committee on Transportation and Infrastructure

of the House of Representatives and the Committee on

Homeland Security and Governmental Affairs and the Com-

mittee on Commerce, Science, and Transportation of the

Senate a notification regarding such establishment.

‘‘(B) W

AIVER AUTHORITY

.—The Secretary may waive

the requirement under subparagraph (A) in the event of

an emergency circumstance that imminently threatens the

protection of human life or property.

‘‘(12) R

EVIEW

.—

‘‘(A) I

N GENERAL

.—Not later than January 31, 2018,

and January 31, 2021, the Inspector General of the Depart-

ment shall submit to the Committee on Homeland Security

and the Committee on Transportation and Infrastructure

of the House of Representatives and the Committee on

Homeland Security and Governmental Affairs and the Com-

mittee on Commerce, Science, and Transportation of the

Senate a review of the Joint Task Forces established under

this subsection.

‘‘(B) C

ONTENTS

.—The reviews required under subpara-

graph (A) shall include—

‘‘(i) an assessment of the effectiveness of the struc-

ture of each Joint Task Force; and

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130 STAT. 2670 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(ii) recommendations for enhancements to such

structure to strengthen the effectiveness of each Joint

Task Force.

‘‘(13) S

UNSET

.—This section expires on September 30, 2022.

‘‘(c) J

OINT

UTY

SSIGNMENT

ROGRAM

.—After establishing the

joint duty training program under subsection (b)(10), the Secretary

shall establish a joint duty assignment program within the Depart-

ment for the purposes of enhancing coordination in the Department

and promoting workforce professional development.’’.

RANSITION

.—An individual serving as a Director of a Joint

Task Force of the Department of Homeland Security in existence

on the day before the date of the enactment of this section may

serve as the Director of such Joint Task Force on and after such

date of enactment until a Director of such Joint Task Force is

appointed pursuant to subparagraph (A) of section 708(b)(3), as

added by subsection (a) of this section.

(d) C

ONFORMING

MENDMENTS

.—The Homeland Security Act

of 2002 is amended—

(1) in subsection (c) of section 506 (6 U.S.C. 316)—

(A) in paragraph (1), by inserting ‘‘, including through

a Joint Task Force established under section 708,’’ after

‘‘reduce’’; and

(B) in paragraph (2), by inserting ‘‘including a Joint

Task Force established under section 708,’’ after ‘‘Depart-

ment,’’; and

(2) in paragraph (2) of section 509(c) (6 U.S.C. 319)—

(A) in the paragraph heading, by inserting ‘‘;

JOINT

TASK FORCE

’’ after ‘‘O

FFICIAL

’’; and

(B) in the matter preceding subparagraph (A), by

inserting ‘‘or Director of a Joint Task Force established

under section 708’’ before ‘‘shall’’.

(e) C

LERICAL

MENDMENT

.—The table of contents in section

1(b) of the Homeland Security Act of 2002 is amended by inserting

after the item relating to section 707 the following new item:

‘‘Sec. 708. Joint Task Forces.’’.

SEC. 1902. OFFICE OF STRATEGY, POLICY, AND PLANS OF THE DEPART-

MENT OF HOMELAND SECURITY.

(a) O

FFICE OF

TRATEGY

, P

OLICY

AND

LANS

.—Title VII of

the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as

amended by section 1901 of this title, is further amended by adding

at the end the following new section:

‘‘SEC. 709. OFFICE OF STRATEGY, POLICY, AND PLANS.

‘‘(a) I

ENERAL

.—There is established in the Department an

Office of Strategy, Policy, and Plans.

‘‘(b) H

EAD OF

FFICE

.—The Office of Strategy, Policy, and Plans

shall be headed by an Under Secretary for Strategy, Policy, and

Plans, who shall serve as the principal policy advisor to the Sec-

retary. The Under Secretary for Strategy, Policy, and Plans shall

be appointed by the President, by and with the advice and consent

of the Senate.

‘‘(c) F

UNCTIONS

.—The Under Secretary for Strategy, Policy, and

Plans shall—

‘‘(1) lead, conduct, and coordinate Department-wide policy

development and implementation and strategic planning;

6 USC 349.

6 USC 348 note.

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130 STAT. 2671 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) develop and coordinate policies to promote and ensure

quality, consistency, and integration for the programs, compo-

nents, offices, and activities across the Department;

‘‘(3) develop and coordinate strategic plans and long-term

goals of the Department with risk-based analysis and planning

to improve operational mission effectiveness, including con-

sultation with the Secretary regarding the quadrennial home-

land security review under section 707;

‘‘(4) manage Department leadership councils and provide

analytics and support to such councils;

‘‘(5) manage international coordination and engagement

for the Department;

‘‘(6) review and incorporate, as appropriate, external stake-

holder feedback into Department policy; and

‘‘(7) carry out such other responsibilities as the Secretary

determines appropriate.

‘‘(d) D

EPUTY

NDER

ECRETARY

.—

‘‘(1) I

N GENERAL

.—The Secretary may—

‘‘(A) establish within the Office of Strategy, Policy,

and Plans a position of Deputy Under Secretary to support

the Under Secretary for Strategy, Policy, and Plans in

carrying out the Under Secretary’s responsibilities; and

‘‘(B) appoint a career employee to such position.

‘‘(2) L

IMITATION ON ESTABLISHMENT OF DEPUTY UNDER SEC

RETARY POSITIONS

.—A Deputy Under Secretary position (or any

substantially similar position) within the Office of Strategy,

Policy, and Plans may not be established except for the position

provided for by paragraph (1), unless the Secretary receives

prior authorization from Congress.

‘‘(3) D

EFINITIONS

.—For purposes of paragraph (1)—

‘‘(A) the term ‘career employee’ means any employee

(as such term is defined in section 2105 of title 5, United

States Code), but does not include a political appointee;

and

‘‘(B) the term ‘political appointee’ means any employee

who occupies a position which has been excepted from

the competitive service by reason of its confidential, policy-

determining, policy-making, or policy-advocating character.

‘‘(e) C

OORDINATION BY

EPARTMENT

OMPONENTS

.—To ensure

consistency with the policy priorities of the Department, the head

of each component of the Department shall coordinate with the

Office of Strategy, Policy, and Plans in establishing or modifying

policies or strategic planning guidance with respect to each such

component.

‘‘(f) H

OMELAND

ECURITY

TATISTICS AND

OINT

NALYSIS

.—

‘‘(1) H

OMELAND SECURITY STATISTICS

.—The Under Sec-

retary for Strategy, Policy, and Plans shall—

‘‘(A) establish standards of reliability and validity for

statistical data collected and analyzed by the Department;

‘‘(B) be provided by the heads of all components of

the Department with statistical data maintained by the

Department regarding the operations of the Department;

‘‘(C) conduct or oversee analysis and reporting of such

data by the Department as required by law or as directed

by the Secretary; and

‘‘(D) ensure the accuracy of metrics and statistical data

provided to Congress.

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130 STAT. 2672 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) T

RANSFER OF RESPONSIBILITIES

.—There shall be trans-

ferred to the Under Secretary for Strategy, Policy, and Plans

the maintenance of all immigration statistical information of

U.S. Customs and Border Protection, U.S. Immigration and

Customs Enforcement, and United States Citizenship and

Immigration Services, which shall include information and

statistics of the type contained in the publication entitled ‘Year-

book of Immigration Statistics’ prepared by the Office of

Immigration Statistics, including region-by-region statistics on

the aggregate number of applications and petitions filed by

an alien (or filed on behalf of an alien) and denied, and the

reasons for such denials, disaggregated by category of denial

and application or petition type.

‘‘(g) L

IMITATION

.—Nothing in this section overrides or otherwise

affects the requirements specified in section 888.’’.

(b) C

ONFORMING

MENDMENT

.—Subparagraph (B) of section

707(a)(3) of the Homeland Security Act of 2002 (6 U.S.C. 347(a)(3))

is amended by inserting before the semicolon the following: ‘‘,

including the Under Secretary for Strategy, Policy, and Plans’’.

LERICAL

MENDMENT

.—The table of contents in section

1(b) of the Homeland Security Act of 2002 , as amended by section

1901 of this title, is further amended by inserting after the item

relating to section 708 the following new item:

‘‘Sec. 709. Office of Strategy, Policy, and Plans.’’.

SEC. 1903. MANAGEMENT AND EXECUTION.

(a) I

ENERAL

.—Section 103 of the Homeland Security Act

of 2002 (6 U.S.C. 113) is amended—

(1) in subsection (a)(1)—

(A) in subparagraph (F), by inserting before the period

at the end the following: ‘‘, who shall be first assistant

to the Deputy Secretary of Homeland Security for purposes

of subchapter III of chapter 33 of title 5, United States

Code’’; and

(B) by adding at the end the following:

‘‘(K) An Under Secretary for Strategy, Policy, and

Plans.’’; and

(2) by adding at the end the following:

‘‘(g) V

ACANCIES

.—

‘‘(1) A

BSENCE

DISABILITY

OR VACANCY OF SECRETARY OR

DEPUTY SECRETARY

.—Notwithstanding chapter 33 of title 5,

United States Code, the Under Secretary for Management shall

serve as the Acting Secretary if by reason of absence, disability,

or vacancy in office, neither the Secretary nor Deputy Secretary

is available to exercise the duties of the Office of the Secretary.

‘‘(2) F

URTHER ORDER OF SUCCESSION

.—Notwithstanding

chapter 33 of title 5, United States Code, the Secretary may

designate such other officers of the Department in further

order of succession to serve as Acting Secretary.

‘‘(3) N

OTIFICATION OF VACANCIES

.—The Secretary shall

notify the Committee on Homeland Security and Governmental

Affairs of the Senate and the Committee on Homeland Security

of the House of Representatives of any vacancies that require

notification under sections 3345 through 3349d of title 5, United

States Code (commonly known as the ‘Federal Vacancies Reform

Act of 1998’).’’.

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130 STAT. 2673 PUBLIC LAW 114–328—DEC. 23, 2016

(b) U

NDER

ECRETARY FOR

ANAGEMENT

.—Section 701 of the

Homeland Security Act of 2002 (6 U.S.C. 341) is amended—

(1) in subsection (a)—

(A) by striking paragraph (9) and inserting the fol-

lowing:

‘‘(9) The management integration and transformation

within each functional management discipline of the Depart-

ment, including information technology, financial management,

acquisition management, and human capital management, to

ensure an efficient and orderly consolidation of functions and

personnel in the Department, including—

‘‘(A) the development of centralized data sources and

connectivity of information systems to the greatest extent

practicable to enhance program visibility, transparency,

and operational effectiveness and coordination;

‘‘(B) the development of standardized and automated

management information to manage and oversee programs

and make informed decisions to improve the efficiency of

the Department;

‘‘(C) the development of effective program management

and regular oversight mechanisms, including clear roles

and processes for program governance, sharing of best prac-

tices, and access to timely, reliable, and evaluated data

on all acquisitions and investments; and

‘‘(D) the overall supervision, including the conduct of

internal audits and management analyses, of the programs

and activities of the Department, including establishment

of oversight procedures to ensure a full and effective review

of the efforts by components of the Department to imple-

ment policies and procedures of the Department for

management integration and transformation.’’;

(B) by redesignating paragraphs (10) and (11) as para-

graphs (12) and (13), respectively; and

‘‘(10) The development of a transition and succession plan,

before December 1 of each year in which a Presidential election

is held, to guide the transition of Department functions to

a new Presidential administration, and making such plan avail-

able to the next Secretary and Under Secretary for Management

and to the congressional homeland security committees.

‘‘(11) Reporting to the Government Accountability Office

every six months to demonstrate measurable, sustainable

progress made in implementing the corrective action plans of

the Department to address the designation of the management

functions of the Department on the bi-annual high risk list

of the Government Accountability Office, until the Comptroller

General of the United States submits to the appropriate

congressional committees written notification of removal of the

high-risk designation.’’;

(2) by striking subsection (b) and inserting the following:

‘‘(b) W

AIVERS FOR

ONDUCTING

USINESS

ITH

USPENDED OR

EBARRED

ONTRACTORS

.—Not later than five days after the date

on which the Chief Procurement Officer or Chief Financial Officer

of the Department issues a waiver of the requirement that an

agency not engage in business with a contractor or other recipient

of funds listed as a party suspended or debarred from receiving

contracts, grants, or other types of Federal assistance in the System

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130 STAT. 2674 PUBLIC LAW 114–328—DEC. 23, 2016

for Award Management maintained by the General Services

Administration, or any successor thereto, the Under Secretary for

Management shall submit to the congressional homeland security

committees and the Inspector General of the Department notice

of the waiver and an explanation of the finding by the Under

Secretary that a compelling reason exists for the waiver.’’;

(3) by redesignating subsection (d) as subsection (e); and

(4) by inserting after subsection (c) the following:

‘‘(d) S

YSTEM FOR

WARD

ANAGEMENT

ONSULTATION

.—The

Under Secretary for Management shall require that all Department

contracting and grant officials consult the System for Award

Management (or successor system) as maintained by the General

Services Administration prior to awarding a contract or grant or

entering into other transactions to ascertain whether the selected

contractor is excluded from receiving Federal contracts, certain

subcontracts, and certain types of Federal financial and non-finan-

cial assistance and benefits.’’.

SEC. 1904. CHIEF HUMAN CAPITAL OFFICER OF THE DEPARTMENT

OF HOMELAND SECURITY.

Section 704 of the Homeland Security Act of 2002 (6 U.S.C.

344) is amended to read as follows:

‘‘SEC. 704. CHIEF HUMAN CAPITAL OFFICER.

‘‘(a) I

ENERAL

.—The Chief Human Capital Officer shall

report directly to the Under Secretary for Management.

‘‘(b) R

ESPONSIBILITIES

.—In addition to the responsibilities set

forth in chapter 14 of title 5, United States Code, and other

applicable law, the Chief Human Capital Officer of the Department

shall—

‘‘(1) develop and implement strategic workforce planning

policies that are consistent with Government-wide leading prin-

ciples and in line with Department strategic human capital

goals and priorities, taking into account the special require-

ments of members of the Armed Forces serving in the Coast

Guard;

‘‘(2) develop performance measures to provide a basis for

monitoring and evaluating Department-wide strategic

workforce planning efforts;

‘‘(3) develop, improve, and implement policies, including

compensation flexibilities available to Federal agencies where

appropriate, to recruit, hire, train, and retain the workforce

of the Department, in coordination with all components of the

Department;

‘‘(4) identify methods for managing and overseeing human

capital programs and initiatives, in coordination with the head

of each component of the Department;

‘‘(5) develop a career path framework and create opportuni-

ties for leader development in coordination with all components

of the Department;

‘‘(6) lead the efforts of the Department for managing

employee resources, including training and development

opportunities, in coordination with each component of the

Department;

‘‘(7) work to ensure the Department is implementing human

capital programs and initiatives and effectively educating each

component of the Department about these programs and initia-

tives;

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130 STAT. 2675 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(8) identify and eliminate unnecessary and duplicative

human capital policies and guidance;

‘‘(9) provide input concerning the hiring and performance

of the Chief Human Capital Officer or comparable official in

each component of the Department; and

‘‘(10) ensure that all employees of the Department are

informed of their rights and remedies under chapters 12 and

23 of title 5, United States Code.

‘‘(c) C

OMPONENT

TRATEGIES

.—

‘‘(1) I

N GENERAL

.—Each component of the Department

shall, in coordination with the Chief Human Capital Officer

of the Department, develop a 5-year workforce strategy for

the component that will support the goals, objectives, and

performance measures of the Department for determining the

proper balance of Federal employees and private labor

resources.

‘‘(2) S

TRATEGY REQUIREMENTS

.—In developing the strategy

required under paragraph (1), each component shall consider

the effect on human resources associated with creating addi-

tional Federal full-time equivalent positions, converting private

contractors to Federal employees, or relying on the private

sector for goods and services.

‘‘(d) A

NNUAL

UBMISSION

.—Not later than 90 days after the

date on which the Secretary submits the annual budget justification

for the Department, the Secretary shall submit to the congressional

homeland security committees a report that includes a table, delin-

eated by component with actual and enacted amounts, including—

‘‘(1) information on the progress within the Department

of fulfilling the workforce strategies developed under subsection

(c);

‘‘(2) the number of on-board staffing for Federal employees

from the prior fiscal year;

‘‘(3) the total contract hours submitted by each prime con-

tractor as part of the service contract inventory required under

section 743 of the Financial Services and General Government

Appropriations Act, 2010 (division C of Public Law 111–117;

31 U.S.C. 501 note); and

‘‘(4) the number of full-time equivalent personnel identified

under the Intergovernmental Personnel Act of 1970 (42 U.S.C.

4701 et seq.).

‘‘(e) L

IMITATION

.—Nothing in this section overrides or otherwise

affects the requirements specified in section 888.’’.

SEC. 1905. DEPARTMENT OF HOMELAND SECURITY TRANSPARENCY.

(a) F

EASIBILITY

TUDY

.—The Administrator of the Federal

Emergency Management Agency shall initiate a study to determine

the feasibility of gathering data and providing information to Con-

gress on the use of Federal grant awards, for expenditures of

more than $5,000, by entities that receive a Federal grant award

under the Urban Area Security Initiative and the State Homeland

Security Grant Program under sections 2003 and 2004 of the Home-

land Security Act of 2002 (6 U.S.C. 604 and 605), respectively.

(b) R

EPORT

.—Not later than one year after the date of the

enactment of this Act, the Administrator of the Federal Emergency

Management Agency shall submit to the Committee on Homeland

Security of the House of Representatives and the Committee on

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130 STAT. 2676 PUBLIC LAW 114–328—DEC. 23, 2016

Homeland Security and Governmental Affairs a report on the

results of the study required under subsection (a).

SEC. 1906. TRANSPARENCY IN RESEARCH AND DEVELOPMENT.

(a) I

ENERAL

.—Title III of the Homeland Security Act of

2002 (6 U.S.C. 181 et seq.) is amended by adding at the end

the following new section:

‘‘SEC. 319. TRANSPARENCY IN RESEARCH AND DEVELOPMENT.

‘‘(a) R

EQUIREMENT TO

IST

ESEARCH AND

EVELOPMENT

GRAMS

.—

‘‘(1) I

N GENERAL

.—The Secretary shall maintain a detailed

list of the following:

‘‘(A) Each classified and unclassified research and

development project, and all appropriate details for each

such project, including the component of the Department

responsible for each such project.

‘‘(B) Each task order for a Federally Funded Research

and Development Center not associated with a research

and development project.

‘‘(C) Each task order for a University-based center

of excellence not associated with a research and develop-

ment project.

‘‘(D) The indicators developed and tracked by the Under

Secretary for Science and Technology with respect to

transitioned projects pursuant to subsection (c).

‘‘(2) E

XCEPTION FOR CERTAIN COMPLETED PROJECTS

.—Para-

graph (1) shall not apply to a project completed or otherwise

terminated before the date of the enactment of this section.

‘‘(3) U

PDATES

.—The list required under paragraph (1) shall

be updated as frequently as possible, but not less frequently

than once per quarter.

‘‘(4) R

ESEARCH AND DEVELOPMENT DEFINED

.—For purposes

of the list required under paragraph (1), the Secretary shall

provide a definition for the term ‘research and development’.

‘‘(b) R

EQUIREMENT TO

EPORT TO

ONGRESS ON

ROJECTS

.—Not later than January 1, 2017, and annually there-

after, the Secretary shall submit to the Committee on Homeland

Security of the House of Representatives and the Committee on

Homeland Security and Governmental Affairs of the Senate a classi-

fied and unclassified report, as applicable, that lists each ongoing

classified and unclassified project at the Department, including

all appropriate details of each such project.

‘‘(c) I

NDICATORS OF

UCCESS OF

RANSITIONED

ROJECTS

.—

‘‘(1) I

N GENERAL

.—For each project that has been

transitioned to practice from research and development, the

Under Secretary for Science and Technology shall develop and

track indicators to demonstrate the uptake of the technology

or project among customers or end-users.

‘‘(2) R

EQUIREMENT

.—To the fullest extent possible, the

tracking of a project required under paragraph (1) shall con-

tinue for the three-year period beginning on the date on which

such project was transitioned to practice from research and

development.

‘‘(d) D

EFINITIONS

.—In this section:

‘‘(1) A

LL APPROPRIATE DETAILS

.—The term ‘all appropriate

details’ means, with respect to a research and development

project—

6 USC 195e.

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130 STAT. 2677 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) the name of such project, including both classified

and unclassified names if applicable;

‘‘(B) the name of the component of the Department

carrying out such project;

‘‘(C) an abstract or summary of such project;

‘‘(D) funding levels for such project;

‘‘(E) project duration or timeline;

‘‘(F) the name of each contractor, grantee, or coopera-

tive agreement partner involved in such project;

‘‘(G) expected objectives and milestones for such project;

and

‘‘(H) to the maximum extent practicable, relevant lit-

erature and patents that are associated with such project.

‘‘(2) C

LASSIFIED

.—The term ‘classified’ means anything con-

taining—

‘‘(A) classified national security information as defined

in section 6.1 of Executive Order 13526 (50 U.S.C. 3161

note) or any successor order;

‘‘(B) Restricted Data or data that was formerly

Restricted Data, as defined in section 11y. of the Atomic

Energy Act of 1954 (42 U.S.C. 2014(y));

‘‘(C) material classified at the Sensitive Compart-

mented Information (SCI) level, as defined in section 309

of the Intelligence Authorization Act for Fiscal Year 2001

(50 U.S.C. 3345); or

‘‘(D) information relating to a special access program,

as defined in section 6.1 of Executive Order 13526 (50

U.S.C. 3161 note) or any successor order.

‘‘(3) C

ONTROLLED UNCLASSIFIED INFORMATION

.—The term

‘controlled unclassified information’ means information

described as ‘Controlled Unclassified Information’ under Execu-

tive Order 13556 (50 U.S.C. 3501 note) or any successor order.

‘‘(4) P

ROJECT

.—The term ‘project’ means a research or

development project, program, or activity administered by the

Department, whether ongoing, completed, or otherwise termi-

nated.

‘‘(e) L

IMITATION

.—Nothing in this section overrides or otherwise

affects the requirements specified in section 888.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents in section

1(b) of the Homeland Security Act of 2002 is amended by inserting

after the item relating to section 318 the following new item:

‘‘Sec. 319. Transparency in research and development.’’.

SEC. 1907. UNITED STATES GOVERNMENT REVIEW OF CERTAIN FOR-

EIGN FIGHTERS.

(a) R

EVIEW

.—Not later than 30 days after the date of the

enactment of this Act, the President shall initiate a review of

known instances since 2011 in which a person has traveled or

attempted to travel to a conflict zone in Iraq or Syria from the

United States to join or provide material support or resources

to a terrorist organization.

(b) S

COPE OF

EVIEW

.—The review under subsection (a) shall—

(1) include relevant unclassified and classified information

held by the United States Government related to each instance

described in subsection (a);

(2) ascertain which factors, including operational issues,

security vulnerabilities, systemic challenges, or other issues,

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130 STAT. 2678 PUBLIC LAW 114–328—DEC. 23, 2016

which may have undermined efforts to prevent the travel of

persons described in subsection (a) to a conflict zone in Iraq

or Syria from the United States, including issues related to

the timely identification of suspects, information sharing, inter-

vention, and interdiction; and

(3) identify lessons learned and areas that can be improved

to prevent additional travel by persons described in subsection

(a) to a conflict zone in Iraq or Syria, or other terrorist safe

haven abroad, to join or provide material support or resources

to a terrorist organization.

NFORMATION

HARING

.—The President shall direct the

heads of relevant Federal agencies to provide the appropriate

information that may be necessary to complete the review required

under this section.

(d) S

UBMISSION TO

ONGRESS

.—Not later than 120 days after

the date of the enactment of this Act, the President, consistent

with the protection of classified information, shall submit a report

to the majority leader of the Senate, the minority leader of the

Senate, the Speaker of the House of Representatives, the majority

leader of the House of Representatives, the minority leader of

the House of Representatives, and the appropriate congressional

committees that includes the results of the review required under

this section, including information on travel routes of greatest con-

cern, as appropriate.

(e) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means—

(A) the Committee on Homeland Security and Govern-

mental Affairs of the Senate;

(B) the Select Committee on Intelligence of the Senate;

(D) the Committee on Armed Services of the Senate;

(E) the Committee on Foreign Relations of the Senate;

(F) the Committee on Banking, Housing, and Urban

Affairs of the Senate;

(G) the Committee on Appropriations of the Senate;

(H) the Committee on Homeland Security of the House

of Representatives;

(I) the Permanent Select Committee on Intelligence

of the House of Representatives;

(J) the Committee on the Judiciary of the House of

Representatives;

(K) the Committee on Armed Services of the House

of Representatives;

(L) the Committee on Foreign Affairs of the House

of Representatives;

(M) the Committee on Appropriations of the House

of Representatives; and

(N) the Committee on Financial Services of the House

of Representatives.

(2) M

ATERIAL SUPPORT OR RESOURCES

.—The term ‘‘material

support or resources’’ has the meaning given such term in

section 2339A of title 18, United States Code.

SEC. 1908. NATIONAL STRATEGY TO COMBAT TERRORIST TRAVEL.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

it should be the policy of the United States to—

6 USC 123 note.

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130 STAT. 2679 PUBLIC LAW 114–328—DEC. 23, 2016

(1) continue to regularly assess the evolving terrorist threat

to the United States;

(2) catalog existing Federal Government efforts to obstruct

terrorist and foreign fighter travel into, out of, and within

the United States, and overseas;

(3) identify such efforts that may benefit from reform or

consolidation, or require elimination;

(4) identify potential security vulnerabilities in United

States defenses against terrorist travel; and

(5) prioritize resources to address any such security

vulnerabilities in a risk-based manner.

(b) N

ATIONAL

TRATEGY AND

PDATES

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the President shall submit to

the majority leader of the Senate, the minority leader of the

Senate, the Speaker of the House of Representatives, the

majority leader of the House of Representatives, the minority

leader of the House of Representatives, and the appropriate

congressional committees a national strategy to combat terrorist

travel. The strategy shall address efforts to intercept terrorists

and foreign fighters and constrain the domestic and inter-

national travel of such persons. Consistent with the protection

of classified information, the strategy shall be submitted in

unclassified form, including, as appropriate, a classified annex.

(2) U

PDATED STRATEGIES

.—Not later than 180 days after

the date on which a new President is inaugurated, the President

shall submit to the majority leader of the Senate, the minority

leader of the Senate, the Speaker of the House of Representa-

tives, the majority leader of the House of Representatives,

the minority leader of the House of Representatives, and the

appropriate congressional committees an updated version of

the strategy described in paragraph (1).

(3) C

ONTENTS

.—The strategy and updates required under

this subsection shall—

(A) include an accounting and description of all Federal

Government programs, projects, and activities designed to

constrain domestic and international travel by terrorists

and foreign fighters;

(B) identify specific security vulnerabilities within the

United States and outside of the United States that may

be exploited by terrorists and foreign fighters;

(i) closing the security vulnerabilities identified

under subparagraph (B); and

(ii) enhancing the ability of the Federal Govern-

ment to constrain domestic and international travel

by terrorists and foreign fighters; and

(D) describe the actions that will be taken to achieve

the goals delineated under subparagraph (C) and the means

needed to carry out such actions, including—

(i) steps to reform, improve, and streamline

existing Federal Government efforts to align with the

current threat environment;

(ii) new programs, projects, or activities that are

requested, under development, or undergoing

implementation;

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130 STAT. 2680 PUBLIC LAW 114–328—DEC. 23, 2016

(iii) new authorities or changes in existing authori-

ties needed from Congress;

(iv) specific budget adjustments being requested

to enhance United States security in a risk-based

manner; and

(v) the Federal departments and agencies respon-

sible for the specific actions described in this subpara-

graph.

(4) S

UNSET

.—The requirement to submit updated national

strategies under this subsection shall terminate on the date

that is seven years after the date of the enactment of this

Act.

EVELOPMENT OF

MPLEMENTATION

LANS

.—For each

national strategy required under subsection (b), the President shall

direct the heads of relevant Federal agencies to develop implementa-

tion plans for each such agency.

(d) I

MPLEMENTATION

LANS

.—

(1) I

N GENERAL

.—The President shall submit to the

majority leader of the Senate, the minority leader of the Senate,

the Speaker of the House of Representatives, the majority

leader of the House of Representatives, the minority leader

of the House of Representatives, and the appropriate congres-

sional committees an implementation plan developed under

subsection (c) with each national strategy required under sub-

section (b). Consistent with the protection of classified informa-

tion, each such implementation plan shall be submitted in

unclassified form, but may include a classified annex.

(2) A

NNUAL UPDATES

.—The President shall submit to the

majority leader of the Senate, the minority leader of the Senate,

the Speaker of the House of Representatives, the majority

leader of the House of Representatives, the minority leader

of the House of Representatives, and the appropriate congres-

sional committees an annual updated implementation plan

during the ten-year period beginning on the date of the enact-

ment of this Act.

(e) D

EFINITION

.—In this section, the term ‘‘appropriate congres-

sional committees’’ means—

(1) in the House of Representatives—

(A) the Committee on Homeland Security;

(B) the Committee on Armed Services;

(D) the Committee on the Judiciary;

(E) the Committee on Foreign Affairs;

(F) the Committee on Appropriations; and

(2) in the Senate—

(A) the Committee on Homeland Security and Govern-

mental Affairs;

(B) the Committee on Armed Services;

(D) the Committee on the Judiciary;

(E) the Committee on Foreign Relations; and

(F) the Committee on Appropriations.

(f) S

PECIAL

ULE FOR

ERTAIN

ECEIPT

.—The definition under

subsection (e) shall be treated as including the Committee on

Transportation and Infrastructure of the House of Representatives

and the Committee on Commerce, Science, and Transportation of

the Senate for purposes of receipt of those portions of—

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130 STAT. 2681 PUBLIC LAW 114–328—DEC. 23, 2016

(1) the national strategy (including updates thereto), and

(2) the implementation plan (including updates thereto),

required under this section that relate to maritime travel into

and out of the United States.

SEC. 1909. NATIONAL OPERATIONS CENTER.

Section 515 of the Homeland Security Act of 2002 (6 U.S.C.

321d) is amended—

(1) in subsection (a)—

(A) by striking ‘‘emergency managers and decision

makers’’ and inserting ‘‘emergency managers, decision mak-

ers, and other appropriate officials’’; and

(B) by inserting ‘‘and steady-state activity’’ before the

period at the end;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) by striking ‘‘and tribal governments’’ and

inserting ‘‘tribal, and territorial governments, the pri-

vate sector, and international partners’’;

(ii) by striking ‘‘in the event of’’ and inserting

‘‘for events, threats, and incidents involving’’; and

(iii) by striking ‘‘and’’ at the end;

(B) in paragraph (2), by striking the period at the

end and inserting ‘‘; and’’; and

‘‘(3) enter into agreements with other Federal operations

centers and other homeland security partners, as appropriate,

to facilitate the sharing of information.’’;

(4) in subsection (c)—

(A) in the subsection heading, by striking ‘‘Fire Service’’

and inserting ‘‘Emergency Responder’’;

(B) by striking paragraph (1) and inserting the fol-

lowing:

‘‘(1) E

STABLISHMENT OF POSITIONS

.—The Secretary shall

establish a position, on a rotating basis, for a representative

of State and local emergency responders at the National Oper-

ations Center established under subsection (b) to ensure the

effective sharing of information between the Federal Govern-

ment and State and local emergency response services.’’;

(D) by redesignating paragraph (3) as paragraph (2).

SEC. 1910. DEPARTMENT OF HOMELAND SECURITY STRATEGY FOR

INTERNATIONAL PROGRAMS.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Homeland Security

shall submit to the Committee on Homeland Security of the House

of Representatives and the Committee on Homeland Security and

Governmental Affairs of the Senate a comprehensive three-year

strategy for international programs of the Department of Homeland

Security in which personnel and resources of the Department are

deployed abroad for vetting and screening of persons seeking to

enter the United States.

(b) C

ONTENTS

.—The strategy required under subsection (a)

shall include, at a minimum, the following:

(1) Specific Department of Homeland Security risk-based

goals for international programs of the Department in which

personnel and resources of the Department are deployed abroad

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130 STAT. 2682 PUBLIC LAW 114–328—DEC. 23, 2016

for vetting and screening of persons seeking to enter the United

States.

(2) A risk-based method for determining whether to estab-

lish new international programs in new locations, given

resource constraints, or expand existing international programs

of the Department, in which personnel and resources of the

Department are deployed abroad for vetting and screening of

persons seeking to enter the United States.

(3) Alignment with the highest Department-wide and

Government-wide strategic priorities of resource allocations on

international programs of the Department in which personnel

and resources of the Department are deployed abroad for vet-

ting and screening of persons seeking to enter the United

States.

(4) A common reporting framework for the submission of

reliable, comparable cost data by components of the Department

on overseas expenditures attributable to international programs

of the Department in which personnel and resources of the

Department are deployed abroad for vetting and screening of

persons seeking to enter the United States.

ONSIDERATIONS

.—In developing the strategy required

under subsection (a), the Secretary of Homeland Security shall

consider, at a minimum, the following:

(1) Information on existing operations of international pro-

grams of the Department of Homeland Security in which per-

sonnel and resources of the Department are deployed abroad

for vetting and screening of persons seeking to enter the United

States that includes corresponding information for each location

in which each such program operates.

(2) The number of Department personnel deployed to each

location at which an international program referred to in

subparagraph (A) is in operation during the current and pre-

ceding fiscal year.

(3) Analysis of the impact of each international program

referred to in paragraph (1) on domestic activities of compo-

nents of the Department of Homeland Security.

(4) Analysis of barriers to the expansion of an international

program referred to in paragraph (1).

(d) F

ORM

.—The strategy required under subsection (a) shall

be submitted in unclassified form but may contain a classified

annex if the Secretary of Homeland Security determines that such

is appropriate.

SEC. 1911. STATE AND HIGH-RISK URBAN AREA WORKING GROUPS.

Subsection (b) of section 2021 of the Homeland Security Act

of 2002 (6 U.S.C. 611) is amended to read as follows:

‘‘(b) P

LANNING

OMMITTEES

.—

‘‘(1) I

N GENERAL

.—Any State or high-risk urban area

receiving a grant under section 2003 or 2004 shall establish

a State planning committee or urban area working group to

assist in preparation and revision of the State, regional, or

local homeland security plan or the threat and hazard identi-

fication and risk assessment, as the case may be, and to assist

in determining effective funding priorities for grants under

such sections.

‘‘(2) C

OMPOSITION

.—

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130 STAT. 2683 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) I

N GENERAL

.—The State planning committees and

urban area working groups referred to in paragraph (1)

shall include at least one representative from each of the

following significant stakeholders:

‘‘(i) Local or tribal government officials.

‘‘(ii) Emergency response providers, which shall

include representatives of the fire service, law enforce-

ment, emergency medical services, and emergency

managers.

‘‘(iii) Public health officials and other appropriate

medical practitioners.

‘‘(iv) Individuals representing educational institu-

tions, including elementary schools, community col-

leges, and other institutions of higher education.

‘‘(v) State and regional interoperable communica-

tions coordinators, as appropriate.

‘‘(vi) State and major urban area fusion centers,

as appropriate.

‘‘(B) G

EOGRAPHIC REPRESENTATION

.—The members of

the State planning committee or urban area working group,

as the case may be, shall be a representative group of

individuals from the counties, cities, towns, and Indian

tribes within the State or high-risk urban area, including,

as appropriate, representatives of rural, high-population,

and high-threat jurisdictions.

‘‘(3) E

XISTING PLANNING COMMITTEES

.—Nothing in this sub-

section may be construed to require that any State or high-

risk urban area create a State planning committee or urban

area working group, as the case may be, if that State or

high-risk urban area has established and uses a multijuris-

dictional planning committee or commission that meets the

requirements of this subsection.’’.

SEC. 1912. CYBERSECURITY STRATEGY FOR THE DEPARTMENT OF

HOMELAND SECURITY.

(a) I

ENERAL

.—Subtitle C of title II of the Homeland Security

Act of 2002 (6 U.S.C. 141 et seq.) is amended by inserting after

section 228 the following new section:

‘‘SEC. 228A. CYBERSECURITY STRATEGY.

‘‘(a) I

ENERAL

.—Not later than 90 days after the date of

the enactment of this section, the Secretary shall develop a depart-

mental strategy to carry out cybersecurity responsibilities as set

forth in law.

‘‘(b) C

ONTENTS

.—The strategy required under subsection (a)

shall include the following:

‘‘(1) Strategic and operational goals and priorities to

successfully execute the full range of the Secretary’s cybersecu-

rity responsibilities.

‘‘(2) Information on the programs, policies, and activities

that are required to successfully execute the full range of the

Secretary’s cybersecurity responsibilities, including programs,

policies, and activities in furtherance of the following:

‘‘(A) Cybersecurity functions set forth in the section

227 (relating to the national cybersecurity and communica-

tions integration center).

‘‘(B) Cybersecurity investigations capabilities.

‘‘(C) Cybersecurity research and development.

6 USC 149a.

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130 STAT. 2684 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(D) Engagement with international cybersecurity part-

ners.

‘‘(c) C

ONSIDERATIONS

.—In developing the strategy required

under subsection (a), the Secretary shall—

‘‘(1) consider—

‘‘(A) the cybersecurity strategy for the Homeland Secu-

rity Enterprise published by the Secretary in November

2011;

‘‘(B) the Department of Homeland Security Fiscal Years

2014–2018 Strategic Plan; and

‘‘(C) the most recent Quadrennial Homeland Security

Review issued pursuant to section 707; and

‘‘(2) include information on the roles and responsibilities

of components and offices of the Department, to the extent

practicable, to carry out such strategy.

‘‘(d) I

MPLEMENTATION

LAN

.—Not later than 90 days after the

development of the strategy required under subsection (a), the

Secretary shall issue an implementation plan for the strategy that

includes the following:

‘‘(1) Strategic objectives and corresponding tasks.

‘‘(2) Projected timelines and costs for such tasks.

‘‘(3) Metrics to evaluate performance of such tasks.

‘‘(e) C

ONGRESSIONAL

VERSIGHT

.—The Secretary shall submit

to Congress for assessment the following:

‘‘(1) A copy of the strategy required under subsection (a)

upon issuance.

‘‘(2) A copy of the implementation plan required under

subsection (d) upon issuance, together with detailed information

on any associated legislative or budgetary proposals.

‘‘(f) C

LASSIFIED

NFORMATION

.—The strategy required under

subsection (a) shall be in an unclassified form but may contain

a classified annex.

‘‘(g) R

ULE OF

ONSTRUCTION

.—Nothing in this section may

be construed as permitting the Department to engage in monitoring,

surveillance, exfiltration, or other collection activities for the pur-

pose of tracking an individual’s personally identifiable information.

‘‘(h) D

EFINITION

.—In this section, the term ‘Homeland Security

Enterprise’ means relevant governmental and nongovernmental

entities involved in homeland security, including Federal, State,

local, and tribal government officials, private sector representatives,

academics, and other policy experts.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents in section

1(b) of the Homeland Security Act of 2002 is amended by inserting

after the item relating to section 228 the following new item:

‘‘Sec. 228A. Cybersecurity strategy.’’.

SEC. 1913. EMP AND GMD PLANNING, RESEARCH AND DEVELOPMENT,

AND PROTECTION AND PREPAREDNESS.

(a) I

ENERAL

.—The Homeland Security Act of 2002 (6 U.S.C.

101 et seq.) is amended—

(1) in section 2 (6 U.S.C. 101)—

(A) by redesignating paragraphs (9) through (18) as

paragraphs (11) through (20), respectively;

(B) by redesignating paragraphs (7) and (8) as para-

graphs (8) and (9), respectively;

paragraph:

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130 STAT. 2685 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(7) The term ‘EMP’ means an electromagnetic pulse caused

by a nuclear device or nonnuclear device, including such a

pulse caused by an act of terrorism.’’; and

(D) by inserting after paragraph (9), as so redesignated,

the following new paragraph:

‘‘(10) The term ‘GMD’ means a geomagnetic disturbance

caused by a solar storm or another naturally occurring phe-

nomenon.’’;

(2) in subsection (d) of section 201 (6 U.S.C. 121), by

adding at the end the following new paragraph:

‘‘(26)(A) Not later than six months after the date of the

enactment of this paragraph, to conduct an intelligence-based

review and comparison of the risks and consequences of EMP

and GMD facing critical infrastructure, and submit to the Com-

mittee on Homeland Security and the Permanent Select Com-

mittee on Intelligence of the House of Representatives and

the Committee on Homeland Security and Governmental

Affairs and the Select Committee on Intelligence of the

Senate—

‘‘(i) a recommended strategy to protect and prepare

the critical infrastructure of the homeland against

threats of EMP and GMD; and

‘‘(ii) not less frequently than every two years there-

after for the next six years, updates of the rec-

ommended strategy.

‘‘(B) The recommended strategy under subparagraph

(A) shall—

‘‘(i) be based on findings of the research and

development conducted under section 319;

‘‘(ii) be developed in consultation with the relevant

Federal sector-specific agencies (as defined under

Presidential Policy Directive-21) for critical infrastruc-

ture;

‘‘(iii) be developed in consultation with the relevant

sector coordinating councils for critical infrastructure;

‘‘(iv) be informed, to the extent practicable, by

the findings of the intelligence-based review and

comparison of the risks and consequences of EMP and

GMD facing critical infrastructure conducted under

subparagraph (A); and

‘‘(v) be submitted in unclassified form, but may

include a classified annex.

‘‘(C) The Secretary may, if appropriate, incorporate

the recommended strategy into a broader recommendation

developed by the Department to help protect and prepare

critical infrastructure from terrorism, cyber attacks, and

other threats if, as incorporated, the recommended strategy

complies with subparagraph (B).’’;

(3) in title III (6 U.S.C. 181 et seq.), by adding at the

end the following new section:

‘‘SEC. 319. EMP AND GMD MITIGATION RESEARCH AND DEVELOPMENT.

‘‘(a) I

ENERAL

.—In furtherance of domestic preparedness and

response, the Secretary, acting through the Under Secretary for

Science and Technology, and in consultation with other relevant

executive agencies, relevant State, local, and tribal governments,

and relevant owners and operators of critical infrastructure, shall,

6 USC 195f.

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130 STAT. 2686 PUBLIC LAW 114–328—DEC. 23, 2016

to the extent practicable, conduct research and development to

mitigate the consequences of threats of EMP and GMD.

‘‘(b) S

COPE

.—The scope of the research and development under

subsection (a) shall include the following:

‘‘(1) An objective scientific analysis—

‘‘(A) evaluating the risks to critical infrastructure from

a range of threats of EMP and GMD; and

‘‘(B) which shall—

‘‘(i) be conducted in conjunction with the Office

of Intelligence and Analysis; and

‘‘(ii) include a review and comparison of the range

of threats and hazards facing critical infrastructure

of the electrical grid.

‘‘(2) Determination of the critical utilities and national

security assets and infrastructure that are at risk from threats

of EMP and GMD.

‘‘(3) An evaluation of emergency planning and response

technologies that would address the findings and recommenda-

tions of experts, including those of the Commission to Assess

the Threat to the United States from Electromagnetic Pulse

Attack, which shall include a review of the feasibility of rapidly

isolating one or more portions of the electrical grid from the

main electrical grid.

‘‘(4) An analysis of technology options that are available

to improve the resiliency of critical infrastructure to threats

of EMP and GMD, including an analysis of neutral current

blocking devices that may protect high-voltage transmission

lines.

‘‘(5) The restoration and recovery capabilities of critical

infrastructure under differing levels of damage and disruption

from various threats of EMP and GMD, as informed by the

objective scientific analysis conducted under paragraph (1).

‘‘(6) An analysis of the feasibility of a real-time alert system

to inform electrical grid operators and other stakeholders within

milliseconds of a high-altitude nuclear explosion.

‘‘(c) E

XEMPTION

ROM

ISCLOSURE

.—

‘‘(1) I

NFORMATION SHARED WITH THE FEDERAL GOVERN

MENT

.—Section 214, and any regulations issued pursuant to

such section, shall apply to any information shared with the

Federal Government under this section.

‘‘(2) I

NFORMATION SHARED BY THE FEDERAL GOVERNMENT

.—

Information shared by the Federal Government with a State,

local, or tribal government under this section shall be exempt

from disclosure under any provision of State, local, or tribal

freedom of information law, open government law, open

meetings law, open records law, sunshine law, or similar law

requiring the disclosure of information or records.’’; and

(4) in title V (6 U.S.C. 311 et seq.), by adding at the

end the following new section:

‘‘SEC. 527. NATIONAL PLANNING AND EDUCATION.

‘‘The Secretary shall, to the extent practicable—

‘‘(1) include in national planning frameworks the threat

of an EMP or GMD event; and

‘‘(2) conduct outreach to educate owners and operators of

critical infrastructure, emergency planners, and emergency

6 USC 321p.

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130 STAT. 2687 PUBLIC LAW 114–328—DEC. 23, 2016

response providers at all levels of government regarding threats

of EMP and GMD.’’.

(b) T

ECHNICAL AND

ONFORMING

MENDMENTS

.—

(1) The table of contents in section 1(b) of the Homeland

Security Act of 2002 is amended—

(A) by inserting after the item relating to section 317

the following new item:

‘‘Sec. 319. EMP and GMD mitigation research and development.’’; and

(B) by inserting after the item relating to section 525

the following:

‘‘Sec. 526. Integrated Public Alert and Warning System modernization.

‘‘Sec. 527. National planning and education.’’.

(2) Section 501(13) of the Homeland Security Act of 2002

(6 U.S.C. 311(13)) is amended by striking ‘‘section 2(11)(B)’’

and inserting ‘‘section 2(13)(B)’’.

(3) Section 712(a) of title 14, United States Code, is

amended by striking ‘‘section 2(16) of the Homeland Security

Act of 2002 (6 U.S.C. 101(16))’’ and inserting ‘‘section 2 of

the Homeland Security Act of 2002 (6 U.S.C. 101)’’.

EADLINE FOR

NITIAL

ECOMMENDED

TRATEGY

.—Not later

than one year after the date of the enactment of this section,

the Secretary of Homeland Security shall submit the recommended

strategy required under paragraph (26) of section 201(d) of the

Homeland Security Act of 2002 (6 U.S.C. 121(d)), as added by

this section.

(d) R

EPORT

.—Not later than 180 days after the date of the

enactment of this section, the Secretary of Homeland Security shall

submit to Congress a report describing the progress made in, and

an estimated date by which the Department of Homeland Security

will have completed—

(1) including threats of EMP and GMD (as those terms

are defined in section 2 of the Homeland Security Act of 2002,

as amended by this section) in national planning, as described

in section 527 of the Homeland Security Act of 2002, as added

by this section;

(2) research and development described in section 319 of

the Homeland Security Act of 2002, as added by this section;

(3) development of the recommended strategy required

under paragraph (26) of section 201(d) of the Homeland Security

Act of 2002 (6 U.S.C. 121(d)), as added by this section; and

(4) beginning to conduct outreach to educate emergency

planners and emergency response providers at all levels of

government regarding threats of EMP and GMD events.

(e) N

EGULATORY

UTHORITY

.—Nothing in this section,

including the amendments made by this section, shall be construed

to grant any regulatory authority.

(f) N

UTHORIZATION OF

PPROPRIATIONS

.—This section,

including the amendments made by this section, may be carried

out only by using funds appropriated under the authority of other

laws.

6 USC 101 note.

6 USC 121 note.

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130 STAT. 2688 PUBLIC LAW 114–328—DEC. 23, 2016

DIVISION B—MILITARY CONSTRUCTION

AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ‘‘Military Construction

Authorization Act for Fiscal Year 2017’’.

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS

REQUIRED TO BE SPECIFIED BY LAW.

(a) E

XPIRATION OF

UTHORIZATIONS

FTER

HREE

EARS

.—

Except as provided in subsection (b), all authorizations contained

in titles XXI through XXVII and title XXIX for military construction

projects, land acquisition, family housing projects and facilities,

and contributions to the North Atlantic Treaty Organization Secu-

rity Investment Program (and authorizations of appropriations

therefor) shall expire on the later of—

(1) October 1, 2019; or

(2) the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2020.

(b) E

XCEPTION

.—Subsection (a) shall not apply to authorizations

for military construction projects, land acquisition, family housing

projects and facilities, and contributions to the North Atlantic

Treaty Organization Security Investment Program (and authoriza-

tions of appropriations therefor), for which appropriated funds have

been obligated before the later of—

(1) October 1, 2019; or

(2) the date of the enactment of an Act authorizing funds

for fiscal year 2020 for military construction projects, land

acquisition, family housing projects and facilities, or contribu-

tions to the North Atlantic Treaty Organization Security Invest-

ment Program.

SEC. 2003. EFFECTIVE DATE.

Titles XXI through XXVII and title XXIX shall take effect

on the later of—

(1) October 1, 2016; or

(2) the date of the enactment of this Act.

TITLE XXI—ARMY MILITARY

CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

Sec. 2104. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2105. Extension of authorizations of certain fiscal year 2013 projects.

Sec. 2106. Extension of authorizations of certain fiscal year 2014 projects.

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-

TION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2103(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Army may acquire real property and carry out military

construction projects for the installations or locations inside the

United States, and in the amounts, set forth in the following table:

Military

Construction

Authorization

Act for Fiscal

Year 2017.

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130 STAT. 2689 PUBLIC LAW 114–328—DEC. 23, 2016

Army: Inside the United States

State Installation Amount

Alaska ..................... Fort Wainwright ....................................... $47,000,000

California ................ Concord ..................................................... $12,600,000

Colorado .................. Fort Carson ............................................... $13,100,000

Georgia .................... Fort Gordon .............................................. $100,600,000

Fort Stewart ............................................. $14,800,000

Missouri .................. Fort Leonard Wood .................................. $6,900,000

Texas ....................... Fort Hood .................................................. $7,600,000

Utah ........................ Camp Williams ......................................... $7,400,000

Virginia ................... Fort Belvoir .............................................. $23,000,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2103(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Army may acquire real property and carry out the

military construction project for the installations or locations outside

the United States, and in the amount, set forth in the following

table:

Army: Outside the United States

Country Installation Amount

Cuba ........................ Guantanamo Bay ...................................... $33,000,000

Germany ................... East Camp Grafenwoehr .......................... $22,000,000

Garmisch ................................................... $9,600,000

Wiesbaden Army Airfield ......................... $19,200,000

SEC. 2102. FAMILY HOUSING.

(a) C

ONSTRUCTION AND

CQUISITION

.—Using amounts appro-

priated pursuant to the authorization of appropriations in section

2103(a) and available for military family housing functions as speci-

fied in the funding table in section 4601, the Secretary of the

Army may construct or acquire family housing units (including

land acquisition and supporting facilities) at the installations or

locations, in the number of units, and in the amounts set forth

in the following table:

Army: Family Housing

State/Country Installation Units Amount

Korea .................. Camp Hum-

phreys ............ Family Housing

New Construc-

tion ................. $297,000,000

Camp Walker .... Family Housing

New Construc-

tion ................. $54,554,000

(b) P

LANNING AND

ESIGN

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2103(a)

and available for military family housing functions as specified

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130 STAT. 2690 PUBLIC LAW 114–328—DEC. 23, 2016

in the funding table in section 4601, the Secretary of the Army

may carry out architectural and engineering services and construc-

tion design activities with respect to the construction or improve-

ment of family housing units in an amount not to exceed $2,618,000.

SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2016, for military construction, land acquisition, and

military family housing functions of the Department of the Army

as specified in the funding table in section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2101 of this Act may not exceed the total amount authorized to

be appropriated under subsection (a), as specified in the funding

table in section 4601.

SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2014 PROJECT.

In the case of the authorization contained in the table in

section 2101(a) of the Military Construction Authorization Act for

Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 986)

for Joint Base Lewis-McChord, Washington, for construction of an

aircraft maintenance hangar at the installation, the Secretary of

the Army may construct an aircraft washing apron.

SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2013 PROJECTS.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2013 (division B

of Public Law 112-239; 126 Stat. 2118), the authorizations set

forth in the table in subsection (b), as provided in section 2101

of that Act (126 Stat. 2119) and extended by section 2107 of the

Military Construction Authorization Act for Fiscal Year 2016 (divi-

sion B of Public Law 114–92; 129 Stat. 1148), shall remain in

effect until October 1, 2017, or the date of the enactment of an

Act authorizing funds for military construction for fiscal year 2018,

whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Army: Extension of 2013 Project Authorizations

State/Country

Installation or

Location

Project Amount

Kansas ............... Fort Riley ......... Unmanned Aer-

ial Vehicle

Complex ........ $12,200,000

Virginia .............. Fort Belvoir ...... Secure Admin/

Operations

Facility .......... $172,200,000

Italy .................... Camp Ederle .... Barracks ........... $36,000,000

Japan ................. Sagami .............. Vehicle Mainte-

nance Shop .... $18,000,000

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130 STAT. 2691 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2014 PROJECTS.

(a) E

XTENSION

.—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) T

ABLE

.—The table referred to in subsection (a) is as follows:

Army: Extension of 2014 Project Authorizations

State or Country

Installation or

Location

Project Amount

Maryland ........... Fort Detrick ...... Entry Control

Point .............. $2,500,000

Marshall Islands Kwajalein Atoll Pier .................... $63,000,000

Japan ................. Kyotango City .. Company Oper-

ations Com-

plex ................ $33,000,000

TITLE XXII—NAVY MILITARY

CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2206. Extension of authorizations of certain fiscal year 2013 projects.

Sec. 2207. Extension of authorizations of certain fiscal year 2014 projects.

Sec. 2208. Status of ‘‘net negative’’ policy regarding Navy acreage on Guam.

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-

TION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2204(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Navy may acquire real property and carry out military

construction projects for the installations or locations inside the

United States, and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or Location Amount

Arizona ................ Yuma ................................................. $48,355,000

California ............. Coronado ........................................... $104,501,000

Lemoore ............................................ $26,723,000

Miramar ............................................ $193,600,000

Seal Beach ........................................ $21,007,000

Florida ................. Eglin Air Force Base ....................... $20,489,000

Guam ................... Joint Region Marianas .................... $89,185,000

Hawaii ................. Barking Sands ................................. $43,384,000

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130 STAT. 2692 PUBLIC LAW 114–328—DEC. 23, 2016

Navy: Inside the United States—Continued

State Installation or Location Amount

Kaneohe Bay .................................... $72,565,000

Maine ................... Kittery .............................................. $47,892,000

Maryland ............. Patuxent River ................................. $40,576,000

Nevada ................. Fallon ................................................ $13,523,000

North Carolina .... Camp Lejeune .................................. $18,482,000

Cherry Point Marine Corps Air

Station ........................................... $12,515,000

South Carolina .... Beaufort ............................................ $83,490,000

Parris Island .................................... $29,882,000

Virginia ................ Norfolk .............................................. $27,000,000

Washington ......... Bangor .............................................. $113,415,000

Bremerton ........................................ $6,704,000

Whidbey Island ................................ $75,976,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2204(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Navy may acquire real property and carry out military

construction projects for the installation or location outside the

United States, and in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or Location Amount

Japan ................... Kadena Air Base .............................. $26,489,000

Sasebo ............................................... $16,420,000

Spain .................... Rota ................................................... $23,607,000

Worldwide Un-

specified ........... Unspecified Worldwide Locations ... $41,380,000

SEC. 2202. FAMILY HOUSING.

(a) C

ONSTRUCTION AND

CQUISITION

.—Using amounts appro-

priated pursuant to the authorization of appropriations in section

2204(a) and available for military family housing functions as speci-

fied in the funding table in section 4601, the Secretary of the

Navy may construct or acquire family housing units (including

land acquisition and supporting facilities) at the installation or

location, in the number of units, and in the amount set forth

in the following table:

Navy: Family Housing

State Installation or Location Units Amount

Mariana Is-

lands ...... Guam ............................. Replace An-

dersen Hous-

ing PH 1 $78,815,000

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130 STAT. 2693 PUBLIC LAW 114–328—DEC. 23, 2016

(b) P

LANNING AND

ESIGN

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2204(a)

and available for military family housing functions as specified

in the funding table in section 4601, the Secretary of the Navy

may carry out architectural and engineering services and construc-

tion design activities with respect to the construction or improve-

ment of family housing units in an amount not to exceed $4,149,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appro-

priations in section 2204(a) and available for military family housing

functions as specified in the funding table in section 4601, the

Secretary of the Navy may improve existing military family housing

units in an amount not to exceed $11,047,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2016, for military construction, land acquisition, and

military family housing functions of the Department of the Navy,

as specified in the funding table in section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2201 of this Act may not exceed the total amount authorized to

be appropriated under subsection (a), as specified in the funding

table in section 4601.

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2014 PROJECT.

In the case of the authorization contained in the table in

section 2201 of the Military Construction Authorization Act for

Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 989)

for Pearl City, Hawaii, for construction of a water transmission

line at that location, the Secretary of the Navy may construct

a 591-meter (1,940-foot) long 16-inch diameter water transmission

line as part of the network required to provide the main water

supply to Joint Base Pearl Harbor-Hickam, Hawaii.

SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2013 PROJECTS.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2013 (division B

of Public Law 112–239; 126 Stat. 2118), the authorizations set

forth in the table in subsection (b), as provided in section 2201

of that Act (126 Stat. 2122) and extended by section 2206 of the

Military Construction Authorization Act for Fiscal Year 2016 (divi-

sion B of Public Law 114–92; 129 Stat. 1151), shall remain in

effect until October 1, 2017, or the date of the enactment of an

Act authorizing funds for military construction for fiscal year 2018,

whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

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130 STAT. 2694 PUBLIC LAW 114–328—DEC. 23, 2016

Navy: Extension of 2013 Project Authorizations

State/Country

Installation or

Location

Project Amount

California ............ Camp Pendleton Comm. Informa-

tion Systems

Ops Complex $78,897,000

Greece ................. Souda Bay ......... Intermodal Ac-

cess Road ....... $4,630,000

South Carolina ... Beaufort ............ Recycling/Haz-

ardous Waste

Facility ........... $3,743,000

Worldwide

Unspecified ..... Various World-

wide Locations BAMS Oper-

ational Facili-

ties ................. $34,048,000

SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2014 PROJECTS.

(a) E

XTENSION

.—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) T

ABLE

.—The table referred to in subsection (a) is as follows:

Navy: Extension of 2014 Project Authorizations

State/Country

Installation or

Location

Project Amount

Hawaii ................ Kaneohe ............ Aircraft Mainte-

nance Hangar

Upgrades ....... $31,820,000

Pearl City .......... Water Trans-

mission Line .. $30,100,000

Illinois ................. Great Lakes ...... Unaccompanied

Housing .......... $35,851,000

Maine .................. Bangor ............... NCTAMS VLF

Commercial

Power Connec-

tion ................. $13,800,000

Nevada ................ Fallon ................ Wastewater

Treatment

Plant .............. $11,334,000

Virginia ............... Quantico ............ Academic In-

struction Fa-

cility TECOM

Schools ........... $25,731,000

Quantico ............ Fuller Road Im-

provements .... $9,013,000

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130 STAT. 2695 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 2208. STATUS OF ‘‘NET NEGATIVE’’ POLICY REGARDING NAVY

ACREAGE ON GUAM .

(a) R

EPORT ON

TATUS

.—

(1) R

EPORT

.—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) C

ONTENTS

.—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.

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) E

XCLUSION OF CERTAIN PROPERTY

.—In preparing and

submitting the report under this subsection, the Secretary may

not take into account any real property which has been trans-

ferred to the Government of Guam prior to January 20, 2011,

to include property under the Guam Excess Lands Act (Public

Law 103–339) or the Guam Land Use Plan (GLUP) 1977,

or pursuant to base realignment and closure authorized under

the Defense Base Closure and Realignment Act of 1990 (part

A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).

(b) P

OLICY

ESCRIBED

.—The ‘‘net negative’’ policy described

in this section is the policy of the Secretary of the Navy, as

expressed in the statement released by Under Secretary of the

Navy on January 20, 2011, that the relocation of Marines to Guam

occurring during 2011 will not cause the total number of acres

of real property controlled by the Navy on Guam upon the comple-

tion of such relocation to exceed the total number of acres of

real property controlled by the Navy on Guam prior to such reloca-

tion.

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130 STAT. 2696 PUBLIC LAW 114–328—DEC. 23, 2016

TITLE XXIII—AIR FORCE MILITARY

CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Modification of authority to carry out certain fiscal year 2016 project.

Sec. 2306. Extension of authorization of certain fiscal year 2013 project.

Sec. 2307. Extension of authorization of certain fiscal year 2014 project.

Sec. 2308. Restriction on acquisition of property in Northern Mariana Islands.

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND

ACQUISITION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2304(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Air Force may acquire real property and carry out

military construction projects for the installations or locations inside

the United States, and in the amounts, set forth in the following

table:

Air Force: Inside the United States

State Installation or Location Amount

Alabama ......................... Maxwell Air Force Base .. $15,000,000

Alaska ............................ Clear Air Force Station ... $20,000,000

Eielson Air Force Base .... $295,600,000

Joint Base Elmendorf-

Richardson .................... $29,000,000

Arizona .......................... Luke Air Force Base ........ $20,000,000

California ....................... Edwards Air Force Base $24,000,000

Colorado ......................... Buckley Air Force Base ... $13,500,000

Delaware ...................... Dover Air Force Base ...... $39,000,000

Florida ........................... Eglin Air Force Base ....... $123,600,000

Patrick Air Force Base .... $13,500,000

Georgia .......................... Moody Air Force Base ..... $30,900,000

Guam ............................. Joint Region Marianas .... $80,658,000

Illinois ............................ Scott Air Force Base ........ $41,000,000

Kansas ........................... McConnell Air Force Base $19,800,000

Louisiana ....................... Barksdale Air Force Base $21,000,000

Maryland ....................... Joint Base Andrews ......... $66,500,000

Massachusetts ............... Hanscom Air Force Base $30,965,000

Montana ........................ Malmstrom Air Force

Base.

$14,600,000

Nevada ........................... Nellis Air Force Base ...... $10,600,000

New Mexico ................... Cannon Air Force Base ... $21,000,000

Holloman Air Force Base $10,600,000

Kirtland Air Force Base .. $7,300,000

Ohio ................................ Wright-Patterson Air

Force Base .................... $12,600,000

Oklahoma ...................... Altus Air Force Base ....... $11,600,000

Tinker Air Force Base ..... $43,000,000

South Carolina .............. Joint Base Charleston ..... $17,000,000

Texas .............................. Joint Base San Antonio ... $67,300,000

Utah ............................... Hill Air Force Base .......... $44,500,000

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130 STAT. 2697 PUBLIC LAW 114–328—DEC. 23, 2016

Air Force: Inside the United States—Continued

State Installation or Location Amount

Virginia .......................... Joint Base Langley-

Eustis.

$59,200,000

Washington ................... Fairchild Air Force Base $27,000,000

Wyoming ........................ F.E. Warren Air Force

Base.

$5,550,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2304(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Air Force may acquire real property and carry out

military construction projects for the installation or location outside

the United States, and in the amount, set forth in the following

table:

Air Force: Outside the United States

Country Installation or Location Amount

Australia ........................ Darwin .............................. $30,400,000

Germany ........................ Ramstein Air Base ........... $13,437,000

Spangdahlem Air Base .... $43,465,000

Japan ............................. Kadena Air Base .............. $19,815,000

Yokota Air Base ............... $32,020,000

Mariana Islands ............ Unspecified Location ....... $9,000,000

Turkey ........................... Incirlik Air Base .............. $13,449,000

United Arab Emirates .. Al Dhafra .......................... $35,400,000

United Kingdom ............ Royal Air Force

Croughton.

$69,582,00

SEC. 2302. FAMILY HOUSING.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2304(a) and available for military family

housing functions as specified in the funding table in section 4601,

the Secretary of the Air Force may carry out architectural and

engineering services and construction design activities with respect

to the construction or improvement of family housing units in

an amount not to exceed $4,368,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appro-

priations in section 2304(a) and available for military family housing

functions as specified in the funding table in section 4601, the

Secretary of the Air Force may improve existing military family

housing units in an amount not to exceed $56,984,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2016, for military construction, land acquisition, and

military family housing functions of the Department of the Air

Force, as specified in the funding table in section 4601.

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130 STAT. 2698 PUBLIC LAW 114–328—DEC. 23, 2016

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2301 of this Act may not exceed the total amount authorized to

be appropriated under subsection (a), as specified in the funding

table in section 4601.

SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2016 PROJECT.

In the case of the authorization contained in the table in

section 2301(a) of the Military Construction Authorization Act for

Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1153)

for Malmstrom Air Force Base, Montana, for construction of a

Tactical Response Force Alert Facility at the installation, the Sec-

retary of the Air Force may construct an emergency power generator

system consistent with the Air Force’s construction guidelines.

SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR

2013 PROJECT.

(a) E

XTENSION

.—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) T

ABLE

.—The table referred to in subsection (a) is as follows:

Air Force: Extension of 2013 Project Authorization

State/Country

Installation or

Location

Project Amount

Portugal .............. Lajes Field ........ Sanitary Sewer

Lift/Pump Sta-

tion ................. $2,000,000

SEC. 2307. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR

2014 PROJECT.

(a) E

XTENSION

.—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) T

ABLE

.—The table referred to in subsection (a) is as follows:

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130 STAT. 2699 PUBLIC LAW 114–328—DEC. 23, 2016

Air Force: Extension of 2014 Project Authorizations

Country

Installation or

Location

Project Amount

Worldwide Un-

specified (Italy) Aviano Air Base Guardian Angel

Operations

Facility ........... $22,047,000

SEC. 2308. RESTRICTION ON ACQUISITION OF PROPERTY IN

NORTHERN MARIANA ISLANDS.

The Secretary of the Air Force may not use any of the amounts

authorized to be appropriated under section 2304 to acquire prop-

erty or interests in property at an unspecified location in the

Commonwealth of the Northern Mariana Islands, as specified in

the funding table set forth in section 2301(b) and the funding

table in section 4601, until the congressional defense committees

have received from the Secretary a report providing the following

information:

(1) The specific location of the property or interest in prop-

erty to be acquired.

(2) The total cost, scope, and location of the military

construction projects and the acquisition of property or interests

in property required to support the Secretary’s proposed divert

activities and exercises in the Commonwealth of the Northern

Mariana Islands.

(3) An analysis of any alternative locations that the Sec-

retary considered acquiring, including other locations or

interests within the Commonwealth of the Northern Mariana

Islands or the Freely Associated States. For purposes of this

paragraph, the term ‘‘Freely Associated States’’ means the

Republic of the Marshall Islands, the Federated States of Micro-

nesia, and the Republic of Palau.

TITLE XXIV—DEFENSE AGENCIES

MILITARY CONSTRUCTION

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Authorized energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2405. Extension of authorizations of certain fiscal year 2013 projects.

Sec. 2406. Extension of authorizations of certain fiscal year 2014 projects.

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of Defense may acquire real property and carry out military

construction projects for the installations or locations inside the

United States, and in the amounts, set forth in the following table:

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130 STAT. 2700 PUBLIC LAW 114–328—DEC. 23, 2016

Defense Agencies: Inside the United States

State Installation or Location Amount

Alaska ............................... Clear Air Force Station ............... $155,000,000

Fort Greely ................................... $9,560,000

Joint Base Elmendorf-Richard-

son ............................................. $4,900,000

Arizona .............................. Fort Huachuca ............................. $4,493,000

California .......................... Coronado ....................................... $175,412,000

Travis Air Force Base .................. $26,500,000

Delaware ........................... Dover Air Force Base ................... $44,115,000

Florida ............................... Patrick Air Force Base ................ $10,100,000

Georgia .............................. Fort Benning ................................ $4,820,000

Fort Gordon .................................. $25,000,000

Maine ................................ Portsmouth ................................... $27,100,000

Maryland ........................... Bethesda Naval Hospital ............. $510,000,000

Fort Meade ................................... $38,000,000

Missouri ............................ St. Louis ........................................ $801,000

North Carolina ................. Camp Lejeune .............................. $31,000,000

Fort Bragg .................................... $86,593,000

South Carolina .................. Joint Base Charleston ................. $17,000,000

Texas ................................. Red River Army Depot ................ $44,700,000

Sheppard Air Force Base ............ $91,910,000

Virginia ............................. Pentagon ....................................... $20,216,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of Defense may acquire real property and carry out military

construction projects for the installations or locations outside the

United States, and in the amounts, set forth in the following table:

Defense Agencies: Outside the United States

Country Installation or Location Amount

Diego Garcia .......... Diego Garcia ............................................ $30,000,000

Germany ................. Kaiserslautern ........................................ $45,221,000

Japan ...................... Ikakuni .................................................... $6,664,000

Kadena Air Base ..................................... $161,224,000

Yokota Air Base ...................................... $113,731,000

Kwajalein ............... Kwajalein Atoll ....................................... $85,500,000

United Kingdom .... Royal Air Force Croughton .................... $71,424,000

Royal Air Force Lakenheath .................. $13,500,000

Wake Island ........... Wake Island ............................................ $11,670,000

SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for energy conservation projects as specified in the

funding table in section 4601, the Secretary of Defense may carry

out energy conservation projects under chapter 173 of title 10,

United States Code, in the amount set forth in the following table:

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130 STAT. 2701 PUBLIC LAW 114–328—DEC. 23, 2016

Energy Conservation Projects: Inside the United States

State Installation or Location Amount

California ............... Edwards Air Force Base ........................ $8,400,000

Naval Base San Diego ............................ $4,230,000

Fort Hunter Liggett ................................ $5,400,000

Colorado ................. Fort Carson ............................................. $5,000,000

Schriever Air Force Base ....................... $3,295,000

Florida .................... SUBASE Kings Bay NAS Jacksonville $3,230,000

Guam ...................... NAVBASE Guam .................................... $8,540,000

Hawaii .................... NSAH Wahiawa Kunia Oahu ................ $14,890,000

Ohio ........................ Wright Patterson Air Force Base .......... $14,400,000

Utah ........................ Dugway Proving Ground ........................ $7,500,000

Tooele Army Depot ................................. $8,200,000

Various Locations .. Various Locations ................................... $28,088,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for energy conservation projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of Defense may carry out energy conservation projects under

chapter 173 of title 10, United States Code, for the installations

or locations outside the United States, and in the amounts, set

forth in the following table:

Energy Conservation Projects: Outside the United States

Country Installation or Location Amount

Cuba ....................... Guantanamo Bay .................................... $6,080,000

Diego Garcia .......... NSF Diego Garcia ................................... $17,010,000

Japan ...................... Kadena Air Base ..................................... $4,007,000

Misawa Air Base ..................................... $5,315,000

Spain ....................... Rota .......................................................... $3,710,000

Various Locations .. Various Locations ................................... $2,705,000

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2016, for military construction, land acquisition, and

military family housing functions of the Department of Defense

(other than the military departments), as specified in the funding

table in section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2401 of this Act may not exceed the total amount authorized to

be appropriated under subsection (a), as specified in the funding

table in section 4601.

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2014 PROJECT.

In the case of the authorization in the table in section 2401(b)

of the Military Construction Authorization Act for Fiscal Year 2014

(division B of Public Law 113–66; 127 Stat. 996), for Royal Air

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130 STAT. 2702 PUBLIC LAW 114–328—DEC. 23, 2016

Force Lakenheath, United Kingdom, for construction of a high

school, the Secretary of Defense may construct a combined middle/

high school.

SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2013 PROJECTS.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2013 (division B

of Public Law 112–239; 126 Stat. 2118), the authorizations set

forth in the table in subsection (b), as provided in section 2401

of that Act (126 Stat. 2127) and amended by section 2406(a) of

the Military Construction Authorization Act for Fiscal Year 2016

(division B of Public Law 114–92; 129 Stat. 1160), shall remain

in effect until October 1, 2017, or the date of the enactment of

an Act authorizing funds for military construction for fiscal year

2018, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Defense Agencies: Extension of 2013 Project Authorizations

State/Country

Installation or

Location

Project Amount

Japan .................. Camp Zama ....... Renovate Zama

High School ... $13,273,000

Pennsylvania ...... New Cum-

berland ........... Replace res-

ervoir .............. $4,300,000

SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2014 PROJECTS.

(a) E

XTENSION

.—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) T

ABLE

.—The table referred to in subsection (a) is as follows:

Defense Agencies: Extension of 2014 Project Authorizations

State/Country

Installation or

Location

Project Amount

California ............ Brawley ............. SOF Desert

Warfare

Training Cen-

ter ................... $23,095,000

Germany ............. Kaiserslautern .. Replace

Kaiserslautern

Elementary

School ............. $49,907,000

Ramstein Air

Base ............... Replace

Ramstein

High School ... $98,762,000

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130 STAT. 2703 PUBLIC LAW 114–328—DEC. 23, 2016

Defense Agencies: Extension of 2014 Project Authorizations—Continued

State/Country

Installation or

Location

Project Amount

Hawaii ................ Joint Base Pearl

Harbor-

Hickam .......... DISA Pacific Fa-

cility Upgrade $2,615,000

Massachusetts .... Hanscom Air

Force Base ..... Replace

Hanscom Pri-

mary School ... $36,213,000

United Kingdom RAF

Lakenheath ... Replace

Lakenheath

High School ... $69,638,000

Virginia ............... Marine Corps

Base Quantico Replace

Quantico Mid-

dle/High

School ............. $40,586,000

Pentagon ........... PFPA Support

Operations

Center ............ $14,800,000

Pentagon ........... Raven Rock Ad-

ministrative

Facility Up-

grade .............. $32,000,000

Pentagon ........... Boundary Chan-

nel Access

Control Point $6,700,000

TITLE XXV—INTERNATIONAL

PROGRAMS

Subtitle A—North Atlantic Treaty Organization Security Investment Program

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

Subtitle B—Host Country In-Kind Contributions

Sec. 2511. Republic of Korea funded construction projects.

Subtitle A—North Atlantic Treaty Organi-

zation Security Investment Program

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-

TION PROJECTS.

The Secretary of Defense may make contributions for the North

Atlantic Treaty Organization Security Investment Program as pro-

vided in section 2806 of title 10, United States Code, in an amount

not to exceed the sum of the amount authorized to be appropriated

for this purpose in section 2502 and the amount collected from

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130 STAT. 2704 PUBLIC LAW 114–328—DEC. 23, 2016

the North Atlantic Treaty Organization as a result of construction

previously financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2016, for contributions by the Sec-

retary of Defense under section 2806 of title 10, United States

Code, for the share of the United States of the cost of projects

for the North Atlantic Treaty Organization Security Investment

Program authorized by section 2501 as specified in the funding

table in section 4601.

Subtitle B—Host Country In-Kind

Contributions

SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.

Pursuant to agreement with the Republic of Korea for required

in-kind contributions, the Secretary of Defense may accept military

construction projects for the installations or locations, and in the

amounts, set forth in the following table:

Republic of Korea Funded Construction Projects

Country

Compo-

nent

Installation

or Location

Project Amount

Korea .... Army ........ CP Tango .... Repair Collective

Protection Sys-

tem (CPS) ........ $11,600,000

Army ........ Camp Hum-

phreys ...... Duplex Company

Operations,

Zoeckler Sta-

tion ................... $10,200,00

Army ........ Camp Hum-

phreys ...... Vehicle Mainte-

nance Facility

& Company

Ops Complex

(3rd CAB) ........ $49,500,000

Army ........ Camp Hum-

phreys ...... 8th Army Correc-

tional Facility .. $14,600,000

Navy ........ Camp Mujuk Marine Air

Ground Task

Force Oper-

ations Center ... $68,000,000

Navy ........ Camp Mujuk Camp Mujuk Life

Support Area

(LSA) Barracks

#2 ..................... $14,100,000

Navy ........ Camp Mujuk Camp Mujuk Life

Support Area

(LSA) Barracks

#3 ..................... $14,100,000

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130 STAT. 2705 PUBLIC LAW 114–328—DEC. 23, 2016

Republic of Korea Funded Construction Projects—Continued

Country

Compo-

nent

Installation

or Location

Project Amount

Air Force Kunsan Air

Base ......... 3rd Generation

Hardened Air-

craft Shelters

(HAS); Phases

4, 5, 6 ............... $132,500,000

Air Force Kunsan Air

Base ......... Upgrade Elec-

trical Distribu-

tion System ..... $13,000,000

Air Force Osan Air

Base ......... Construct Korea

Air Operations

Center .............. $160,000,000

Air Force Osan Air

Base ......... Air Freight Ter-

minal Facility .. $40,000,000

Air Force Osan Air

Base ......... Construct F-16

Quick Turn Pad $7,500,000

Defense-

Wide ..... Camp Car-

roll ............ Sustainment Fa-

cilities Upgrade

Phase I – DLA

Warehouse ....... $74,600,000

Defense-

Wide ..... USAG Hum-

phreys ...... Elementary

School ............... $42,000,000

Defense-

Wide ..... Icheon Spe-

cial War-

fare Com-

mand ........ Special Oper-

ations Com-

mand, Korea

(SOCKOR)

Contingency

Operations

Center and

Barracks .......... $9,900,000

Defense-

Wide ..... K–16 Air

Base ......... Special Oper-

ations Forces

(SOF) Oper-

ations Facility,

B-606 ................ $11,000,000

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130 STAT. 2706 PUBLIC LAW 114–328—DEC. 23, 2016

TITLE XXVI—GUARD AND RESERVE

FORCES FACILITIES

Subtitle A—Project Authorizations and Authorization of Appropriations

Sec. 2601. Authorized Army National Guard construction and land acquisition

projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and

land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition

projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Subtitle B—Other Matters

Sec. 2611. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2612. Modification of authority to carry out certain fiscal year 2015 project.

Sec. 2613. Modification of authority to carry out certain fiscal year 2016 project.

Sec. 2614. Extension of authorization of certain fiscal year 2013 project.

Sec. 2615. Extension of authorizations of certain fiscal year 2014 projects.

Subtitle A—Project Authorizations and

Authorization of Appropriations

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Army may acquire real property and carry

out military construction projects for the Army National Guard

locations inside the United States, and in the amounts, set forth

in the following table:

Army National Guard

State Location Amount

Colorado ................. Fort Carson ............................................. $16,500,000

Hawaii .................... Hilo .......................................................... $31,000,000

Iowa ........................ Davenport ................................................ $23,000,000

Kansas .................... Fort Leavenworth ................................... $29,000,000

New Hampshire ..... Hooksett .................................................. $11,000,000

Rochester ................................................. $8,900,000

Oklahoma ............... Ardmore ................................................... $22,000,000

Pennsylvania .......... Fort Indiantown Gap .............................. $20,000,000

York ......................................................... $9,300,000

Rhode Island .......... East Greenwich ....................................... $20,000,000

Utah ........................ Camp Williams ....................................... $37,000,000

Wyoming ................. Camp Guernsey ...................................... $31,000,000

Laramie ................................................... $21,000,000

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND

ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

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130 STAT. 2707 PUBLIC LAW 114–328—DEC. 23, 2016

the Secretary of the Army may acquire real property and carry

out military construction projects for the Army Reserve locations

inside the United States, and in the amounts, set forth in the

following table:

Army Reserve

State Location Amount

Arizona ................... Phoenix .................................................... $30,000,000

California ............... Camp Parks ............................................. $19,000,000

Fort Hunter Liggett ................................ $21,500,000

Virginia ................... Dublin ...................................................... $6,000,000

Wisconsin ............... Fort McCoy .............................................. $11,400,000

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE

CONSTRUCTION AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Navy may acquire real property and carry

out military construction projects for the Navy Reserve and Marine

Corps Reserve locations inside the United States, and in the

amounts, set forth in the following table:

Navy Reserve and Marine Corps Reserve

State Location Amount

Louisiana ................ New Orleans ............................................ $11,207,000

New York ............... Brooklyn .................................................. $1,964,000

Syracuse .................................................. $13,229,000

Texas ...................... Galveston ................................................. $8,414,000

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Air Force may acquire real property and

carry out military construction projects for the Air National Guard

locations inside the United States, and in the amounts, set forth

in the following table:

Air National Guard

State Location Amount

Connecticut ............ Bradley IAP ............................................. $6,300,000

Florida .................... Jacksonville IAP ..................................... $9,000,000

Hawaii .................... Joint Base Pearl Harbor-Hickam .......... $11,000,000

Iowa ........................ Sioux Gateway Airport ........................... $12,600,000

Maryland ................ Joint Base Andrews ................................ $5,000,000

Minnesota ............... Duluth IAP .............................................. $7,600,000

New Hampshire ..... Pease International Trade Port ............. $1,500,000

North Carolina ....... Charlotte/Douglas IAP ........................... $50,600,000

Ohio ........................ Toledo Express Airport ........................... $6,000,000

South Carolina ....... McEntire ANGS ...................................... $8,400,000

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130 STAT. 2708 PUBLIC LAW 114–328—DEC. 23, 2016

Air National Guard—Continued

State Location Amount

Texas ...................... Ellington Field ........................................ $4,500,000

Vermont .................. Burlington IAP ........................................ $4,500,000

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Air Force may acquire real property and

carry out military construction projects for the Air Force Reserve

locations inside the United States, and in the amounts, set forth

in the following table:

Air Force Reserve

State Location Amount

North Carolina ..... Seymour Johnson Air Force Base ......... $97,950,000

Pennsylvania .......... Pittsburgh International Airport ........... $85,000,000

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD

AND RESERVE.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2016, for the costs of acquisition,

architectural and engineering services, and construction of facilities

for the Guard and Reserve Forces, and for contributions therefor,

under chapter 1803 of title 10, United States Code (including the

cost of acquisition of land for those facilities), as specified in the

funding table in section 4601.

Subtitle B—Other Matters

SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2014 PROJECT.

In the case of the authorization contained in the table in

section 2602 of the Military Construction Authorization Act for

Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1001)

for Bullville, New York, for construction of a new Army Reserve

Center at that location, the Secretary of the Army may add to

or alter the existing Army Reserve Center at Bullville, New York.

SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2015 PROJECT.

In the case of the authorization contained in the table in

section 2603 of the Military Construction Authorization Act for

Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat.

3689) for Pittsburgh, Pennsylvania, for construction of a Reserve

Training Center at that location, the Secretary of the Navy may

acquire approximately 8.5 acres (370,260 square feet) of adjacent

land, obtain necessary interest in land, and construct road improve-

ments and associated supporting facilities to provide required access

to the Reserve Training Center.

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130 STAT. 2709 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 2613. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2016 PROJECT.

In the case of the authorization contained in the table in

section 2602 of the Military Construction Authorization Act for

Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1163)

for MacDill Air Force Base, Florida, for construction of an Army

Reserve Center/Aviation Support Facility at that location, the Sec-

retary of the Army may relocate and construct replacement skeet

and grenade launcher ranges necessary to clear the site for the

new Army Reserve facilities.

SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR

2013 PROJECT.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2013 (division B

of Public Law 112–239; 126 Stat. 2118), the authorizations set

forth in the table in subsection (b), as provided in section 2603

of that Act (126 Stat. 2135) and extended by section 2614 of the

Military Construction Authorization Act for Fiscal Year 2016 (divi-

sion B of Public Law 114–92; 129 Stat. 1166), shall remain in

effect until October 1, 2017, or the date of the enactment of an

Act authorizing funds for military construction for fiscal year 2018,

whichever is later.

(b) T

ABLE

.—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) E

XTENSION

.—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) T

ABLE

.—The table referred to in subsection (a) is as follows:

National Guard and Reserve: Extension of 2014 Project

Authorizations

State

Installation or

Location

Project Amount

California ............ Camp Parks ...... Army Reserve

Center ............ $17,500,000

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130 STAT. 2710 PUBLIC LAW 114–328—DEC. 23, 2016

National Guard and Reserve: Extension of 2014 Project

Authorizations—Continued

State

Installation or

Location

Project Amount

March Air Force

Base ............... NOSC Moreno

Valley Reserve

Training Cen-

ter ................... $11,086,000

Florida ................ Homestead ARB Entry Control

Complex ......... $9,800,000

Maryland ............ Fort Meade ........ 175th Network

Warfare

Squadron Fa-

cility ............... $4,000,000

Martin State

Airport ........... Cyber/ISR Facil-

ity ................... $8,000,000

New York ............ Bullville ............. Army Reserve

Center ............ $14,500,000

TITLE XXVII—BASE REALIGNMENT AND

CLOSURE ACTIVITIES

Sec. 2701. Extension of authorizations of certain fiscal year 2014 projects.

Sec. 2702. Prohibition on conducting additional Base Realignment and Closure

(BRAC) round.

SEC. 2701. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2014 PROJECTS.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2016, for base realignment and clo-

sure activities, including real property acquisition and military

construction projects, as authorized by the Defense Base Closure

and Realignment Act of 1990 (part A of title XXIX of Public Law

101–510; 10 U.S.C. 2687 note) and funded through the Department

of Defense Base Closure Account established by section 2906 of

such Act (as amended by section 2711 of the Military Construction

Authorization Act for Fiscal Year 2013 (division B of Public Law

112–239; 126 Stat. 2140)), as specified in the funding table in

section 4601.

SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE

REALIGNMENT AND CLOSURE (BRAC) ROUND.

Nothing in this Act shall be construed to authorize an additional

Base Realignment and Closure (BRAC) round.

TITLE XXVIII—MILITARY

CONSTRUCTION GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family Housing

Sec. 2801. Modification of criteria for treatment of laboratory revitalization projects

as minor military construction projects.

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130 STAT. 2711 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 2802. Classification of facility conversion projects as repair projects.

Sec. 2803. Limited authority for scope of work increase.

Sec. 2804. Extension of temporary, limited authority to use operation and mainte-

nance funds for construction projects outside the United States.

Sec. 2805. Authority to expand energy conservation construction program to in-

clude energy resiliency projects.

Sec. 2806. Additional entities eligible for participation in defense laboratory mod-

ernization pilot program.

Sec. 2807. Extension of temporary authority for acceptance and use of contributions

for certain construction, maintenance, and repair projects mutually ben-

eficial to the Department of Defense and Kuwait military forces.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Acceptance of military construction projects as payments in-kind and in-

kind contributions.

Sec. 2812. Allotment of space and provision of services to WIC offices operating on

military installations.

Sec. 2813. Sense of Congress regarding inclusion of stormwater systems and com-

ponents within the meaning of ‘‘wastewater system’’ under the Depart-

ment of Defense authority for conveyance of utility systems.

Sec. 2814. Assessment of public schools on Department of Defense installations.

Sec. 2815. Prior certification required for use of Department of Defense facilities by

other Federal agencies for temporary housing support.

Subtitle C—Land Conveyances

Sec. 2821. Land conveyance, High Frequency Active Auroral Research Program fa-

cility and adjacent property, Gakona, Alaska.

Sec. 2822. Land conveyance, Campion Air Force Radar Station, Galena, Alaska.

Sec. 2823. Lease, Joint Base Elmendorf-Richardson, Alaska.

Sec. 2824. Transfer of administrative jurisdictions, Navajo Army Depot, Arizona.

Sec. 2825. Exchange of property interests, San Diego Unified Port District, Cali-

fornia.

Sec. 2826. Release of property interests retained in connection with land convey-

ance, Eglin Air Force Base, Florida.

Sec. 2827. Land exchange, Fort Hood, Texas.

Sec. 2828. Land Conveyance, P–36 Warehouse, Colbern United States Army Re-

serve Center, Laredo, Texas.

Sec. 2829. Land conveyance, St. George National Guard Armory, St. George, Utah.

Sec. 2829A. Land acquisitions, Arlington County, Virginia.

Sec. 2829B. Release of restrictions, Richland Innovation Center, Richland, Wash-

ington.

Sec. 2829C. Modification of land conveyance, Rocky Mountain Arsenal National

Wildlife Refuge.

Sec. 2829D. Closure of St. Marys Airport.

Sec. 2829E. Transfer of Fort Belvoir Mark Center Campus from the Secretary of

the Army to the Secretary of Defense and applicability of certain provi-

sions of law relating to the Pentagon Reservation.

Sec. 2829F. Return of certain lands at Fort Wingate, New Mexico, to the original

inhabitants.

Subtitle D—Military Memorials, Monuments, and Museums

Sec. 2831. Cyber Center for Education and Innovation-Home of the National

Cryptologic Museum.

Sec. 2832. Renaming site of the Dayton Aviation Heritage National Historical Park,

Ohio.

Sec. 2833. Women’s military service memorials and museums.

Sec. 2834. Petersburg National Battlefield boundary modification.

Subtitle E—Designations and Other Matters

Sec. 2841. Designation of portion of Moffett Federal Airfield, California, as Moffett

Air National Guard Base.

Sec. 2842. Redesignation of Mike O’Callaghan Federal Medical Center.

Sec. 2843. Replenishment of Sierra Vista subwatershed regional aquifer, Arizona.

Sec. 2844. Limited exceptions to restriction on development of public infrastructure

in connection with realignment of Marine Corps forces in Asia-Pacific

region.

Sec. 2845. Duration of withdrawal and reservation of public land, Naval Air Weap-

ons Station China Lake, California.

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130 STAT. 2712 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle A—Military Construction Program

and Military Family Housing

SEC. 2801. MODIFICATION OF CRITERIA FOR TREATMENT OF LABORA-

TORY REVITALIZATION PROJECTS AS MINOR MILITARY

CONSTRUCTION PROJECTS.

(a) I

NCREASE IN

HRESHOLD

.—Section 2805(d) of title 10, United

States Code, is amended by striking ‘‘$4,000,000’’ each place it

appears in paragraph (1)(A), (1)(B), and (2) and inserting

‘‘$6,000,000’’.

(b) N

OTICE

EQUIREMENTS

.—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.’’.

XTENSION OF

UNSET

.—Paragraph (5) of section 2805(d)

of such title is amended by striking ‘‘2018’’ and inserting ‘‘2025’’.

SEC. 2802. CLASSIFICATION OF FACILITY CONVERSION PROJECTS AS

REPAIR PROJECTS.

Subsection (e) of section 2811 of title 10, United States Code,

is amended to read as follows:

‘‘(e) R

EPAIR

ROJECT

EFINED

.—In this section, the term ‘repair

project’ means a project—

‘‘(1) to restore a real property facility, system, or component

to such a condition that it may effectively be used for its

designated functional purpose; or

‘‘(2) to convert a real property facility, system, or component

to a new functional purpose without increasing its external

dimensions.’’.

SEC. 2803. LIMITED AUTHORITY FOR SCOPE OF WORK INCREASE.

(a) I

ENERAL

.—Section 2853 of title 10, United States Code,

is amended—

(1) in subsection (b)(2), by striking ‘‘The scope of work’’

and inserting ‘‘Except as provided in subsection (d), the scope

of work’’;

(2) by redesignating subsections (d) and (e) as subsections

(e) and (f), respectively; and

(3) by inserting after subsection (c) the following new sub-

section (d):

‘‘(d) The limitation in subsection (b)(2) on an increase in the

scope of work does not apply if—

‘‘(1) the increase in the scope of work is not more than

10 percent of the amount specified for that project, construction,

improvement, or acquisition in the justification data provided

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130 STAT. 2713 PUBLIC LAW 114–328—DEC. 23, 2016

to Congress as part of the request for authorization of the

project, construction, improvement, or acquisition;

‘‘(2) the increase is approved by the Secretary concerned;

‘‘(3) the Secretary concerned notifies the congressional

defense committees in writing of the increase in scope and

the reasons therefor; and

‘‘(4) a period of 21 days has elapsed after the date on

which the notification is received by the committees or, if

over sooner, a period of 14 days has elapsed after the date

on which a copy of the notification is provided in an electronic

medium pursuant to section 480 of this title.’’.

(b) C

ROSS

-R

EFERENCE

MENDMENTS

.—(1) Subsection (a) of such

section is amended by striking ‘‘subsection (c) or (d)’’ and inserting

‘‘subsection (c), (d), or (e)’’.

(2) Subsection (f) of such section, as redesignated by subsection

(a)(2), is amended by striking ‘‘through (d)’’ and inserting ‘‘through

(e)’’.

DDITIONAL

ECHNICAL

MENDMENT

.—Subsection (a) of such

section is further amended by inserting ‘‘of this title’’ after ‘‘section

2805(a)’’.

SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE

OPERATION AND MAINTENANCE FUNDS FOR CONSTRUC-

TION PROJECTS OUTSIDE THE UNITED STATES.

(a) E

XTENSION OF

UTHORITY

.—Subsection (h) of section 2808

of the Military Construction Authorization Act for Fiscal Year 2004

(division B of Public Law 108–136; 117 Stat. 1723), as most recently

amended by section 2802 of the Military Construction Authorization

Act for Fiscal Year 2016 (division B of Public Law 114–92; 129

Stat. 1169), is amended—

(1) in paragraph (1), by striking ‘‘December 31, 2016’’ and

inserting ‘‘December 31, 2017’’; and

(2) in paragraph (2), by striking ‘‘fiscal year 2017’’ and

inserting ‘‘fiscal year 2018’’.

(b) L

IMITATION ON

SE OF

UTHORITY

.—Subsection (c)(1) of

such section is amended—

(1) by striking ‘‘October 1, 2015’’ and inserting ‘‘October

1, 2016’’;

(2) by striking ‘‘December 31, 2016’’ and inserting

‘‘December 31, 2017’’; and

(3) by striking ‘‘fiscal year 2017’’ and inserting ‘‘fiscal year

2018’’.

SEC. 2805. AUTHORITY TO EXPAND ENERGY CONSERVATION

CONSTRUCTION PROGRAM TO INCLUDE ENERGY RESIL-

IENCY PROJECTS.

(a) E

XPANSION OF

UTHORITY TO

NERGY

ESILIENCY AND

NERGY

ECURITY

ROJECTS

.—

(1) I

N GENERAL

.—Section 2914 of title 10, United States

Code, is amended—

(A) in the section heading, by inserting ‘‘

RESILIENCY

AND

’’ before ‘‘

CONSERVATION CONSTRUCTION PROJECTS

’’;

and

(B) in subsection (a), by striking ‘‘military construction

project for energy conservation’’ and inserting ‘‘military

construction project for energy resiliency, energy security,

or energy conservation’’.

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130 STAT. 2714 PUBLIC LAW 114–328—DEC. 23, 2016

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 173 of such title is amended by striking

the item relating to section 2914 and inserting the following

new item:

‘‘2914. Energy resiliency and conservation construction projects.’’.

(b) N

OTICE AND

EPORTING

EQUIREMENTS FOR

ROJECTS

.—

(1) C

ONTENTS OF NOTIFICATIONS

.—

(A) C

ONTENTS

.—Section 2914(b) of title 10, United

States Code, is amended—

(i) by striking ‘‘When a decision’’ and inserting

‘‘(1) When a decision’’; and

(ii) by adding at the end the following new para-

graph:

‘‘(2) The Secretary of Defense shall include in each notification

submitted under paragraph (1) the following information:

‘‘(A) In the case of a military construction project for energy

conservation, the justification and current cost estimate for

the project, the expected savings-to-investment ratio, simple

payback estimates, and the project’s measurement and

verification cost estimate.

‘‘(B) In the case of a military construction project for energy

resiliency or energy security, the rationale for how the project

would enhance mission assurance, support mission critical func-

tions, and address known vulnerabilities.’’.

(B) E

FFECTIVE DATE

.—The amendment made by

subparagraph (A) shall apply with respect to notifications

provided during fiscal year 2017 or any succeeding fiscal

year.

(2) A

NNUAL REPORT

.—Section 2914 of such title is amended

by adding at the end the following new subsection:

‘‘(c) A

NNUAL

EPORT

.—Not later than 90 days after the end

of each fiscal year (beginning with fiscal year 2017), the Secretary

of Defense shall submit to the appropriate committees of Congress

a report on the status of the planned and active projects carried

out under this section (including completed projects), and shall

include in the report with respect to each such project the following

information:

‘‘(1) The title, location, a brief description of the scope

of work, the original project cost estimate, and the current

working cost estimate.

‘‘(2) In the case of a military construction project for energy

conservation—

‘‘(A) the original expected savings-to-investment ratio

and simple payback estimates and measurement and

verification cost estimate;

‘‘(B) the most current expected savings-to-investment

ratio and simple payback estimates and measurement and

verification plan and costs; and

‘‘(C) a brief description of the measurement and

verification plan and planned funding source.

‘‘(3) In the case of a military construction project for energy

resiliency or energy security, the rationale for how the project

would enhance mission assurance, support mission critical func-

tions, and address known vulnerabilities.

‘‘(4) Such other information as the Secretary considers

appropriate.’’.

10 USC 2914

note.

10 USC

prec. 2911.

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130 STAT. 2715 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 2806. ADDITIONAL ENTITIES ELIGIBLE FOR PARTICIPATION IN

DEFENSE LABORATORY MODERNIZATION PILOT PRO-

GRAM.

Section 2803(a) of the National Defense Authorization Act for

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1169; 10 U.S.C.

2358 note) is amended by adding at the end the following:

‘‘(4) A Department of Defense research, development, test,

and evaluation facility that is not designated as a Science

and Technology Reinvention Laboratory, but nonetheless is

involved with developmental test and evaluation.’’.

SEC. 2807. EXTENSION OF TEMPORARY AUTHORITY FOR ACCEPTANCE

AND USE OF CONTRIBUTIONS FOR CERTAIN CONSTRUC-

TION, MAINTENANCE, AND REPAIR PROJECTS MUTUALLY

BENEFICIAL TO THE DEPARTMENT OF DEFENSE AND

KUWAIT MILITARY FORCES.

Section 2804(f) of the National Defense Authorization Act for

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1171; 10 U.S.C.

2350j note) is amended by striking ‘‘September 30, 2020’’ and

inserting ‘‘September 30, 2030’’.

Subtitle B—Real Property and Facilities

Administration

SEC. 2811. ACCEPTANCE OF MILITARY CONSTRUCTION PROJECTS AS

PAYMENTS IN-KIND AND IN-KIND CONTRIBUTIONS.

(a) P

AYMENTS

-I

-K

IND AND

-K

IND

ONTRIBUTIONS

.—Sub-

section (f) of section 2687a of title 10, United States Code, is

amended to read as follows:

‘‘(f) A

CCEPTANCE OF

ILITARY

ONSTRUCTION

ROJECTS

MENTS

-I

-K

IND AND

-K

IND

ONTRIBUTIONS

.—(1)(A) Except as pro-

vided in subparagraph (B), a military construction project costing

more than $6,000,000 may be accepted as payment-in-kind or as

an in-kind contribution required by a bilateral agreement with

a host country only if that military construction project is authorized

by law.

‘‘(B) Subparagraph (A) does not apply to a military construction

project that—

‘‘(i) was specified in a bilateral agreement with a host

country that was entered into before December 26, 2013;

‘‘(ii) was the subject of negotiation between the United

States and a host country as of the date of the enactment

of the Military Construction Authorization Act for Fiscal Year

2015; or

‘‘(iii) was accepted as payment-in-kind for the residual

value of improvements made by the United States at military

installations released to the host country under section 2921

of the Military Construction Authorization Act for Fiscal Year

1991 (division B of Public Law 101–510; 10 U.S.C. 2687 note)

before December 26, 2013.

‘‘(2)(A) If the Secretary of Defense accepts a military construc-

tion project to be built for Department of Defense personnel outside

the United States as a payment-in-kind or an in-kind contribution

required by a bilateral agreement with a host country, the Secretary

shall submit to the congressional defense committees a written

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130 STAT. 2716 PUBLIC LAW 114–328—DEC. 23, 2016

notification at least 30 days before the initiation date for any

such military construction project.

‘‘(B) A notification under subparagraph (A) with respect to

a proposed military construction project shall include the following:

‘‘(i) The requirements for, and purpose and description

of, the proposed project.

‘‘(ii) The cost of the proposed project.

‘‘(iii) The scope of the proposed project.

‘‘(iv) The schedule for the proposed project.

‘‘(v) Such other details as the Secretary considers relevant.

‘‘(C) Subparagraph (A) shall not apply to a military construction

project authorized in a Military Construction Authorization Act.

‘‘(3) To the extent that a payment-in-kind or an in-kind con-

tribution is provided under a bilateral agreement with a host

country with respect to a military construction project for which

funds have already been obligated or expended by the Secretary

of Defense, the Secretary shall return to the Treasury funds in

an amount equal to the value of the funds already obligated or

expended for the project.

‘‘(4) In this subsection, the term ‘military construction project’

has the meaning given such term in section 2801 of this title.’’.

(b) C

ONFORMING

MENDMENT

.—Section 2802 of such title is

amended by striking subsection (d).

EPEAL

.—Section 2803 of the Carl Levin and Howard ‘‘Buck’’

McKeon National Defense Authorization Act for Fiscal Year 2015

(Public Law 113–291; 128 Stat. 3696) is repealed, and the provisions

of law amended by subsections (a) and (b) of that section shall

be restored as if such section had not been enacted into law.

SEC. 2812. ALLOTMENT OF SPACE AND PROVISION OF SERVICES TO

WIC OFFICES OPERATING ON MILITARY INSTALLATIONS.

(a) A

LLOTMENT OF

PACE AND

ROVISION OF

ERVICES

UTHOR

IZED

.—Chapter 152 of title 10, United States Code, is amended

by inserting after section 2566 the following new section:

‘‘§ 2567. Space and services: provision to WIC offices

‘‘(a) A

LLOTMENT OF

PACE AND

ROVISION OF

ERVICES

UTHOR

IZED

.—Upon application by a WIC office, the Secretary of a military

department may allot space on a military installation under the

jurisdiction of the Secretary to the WIC office without charge for

rent or services if the Secretary determines that—

‘‘(1) the WIC office provides or will provide services solely

to members of the armed forces assigned to the installation,

civilian employees of the Department of Defense employed at

the installation, or dependents of such members or employees;

‘‘(2) space is available on the installation;

‘‘(3) operation of the WIC office will not hinder military

mission requirements; and

‘‘(4) the security situation at the installation permits the

presence of a non-Federal entity on the installation.

‘‘(b) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘services’ includes the provision of lighting,

heating, cooling, and electricity.

‘‘(2) The term ‘WIC office’ means a local agency (as defined

in subsection (b)(6) of section 17 of the Child Nutrition Act

10 USC 2567.

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130 STAT. 2717 PUBLIC LAW 114–328—DEC. 23, 2016

of 1966 (42 U.S.C. 1786)) that participates in the special supple-

mental nutrition program for women, infants, and children

under such section.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 152 of title 10, United States Code, is amended

by inserting after the item relating to section 2566 the following

new item:

‘‘2567. Space and services: provision to WIC offices’’.

SEC. 2813. SENSE OF CONGRESS REGARDING INCLUSION OF

STORMWATER SYSTEMS AND COMPONENTS WITHIN THE

MEANING OF ‘‘WASTEWATER SYSTEM’’ UNDER THE

DEPARTMENT OF DEFENSE AUTHORITY FOR CONVEY-

ANCE OF UTILITY SYSTEMS .

It is the sense of Congress that the reference to a system

for the collection or treatment of wastewater in the definition of

‘‘utility system’’ in section 2688 of title 10, United States Code,

which authorizes the Department of Defense to convey utility sys-

tems, includes stormwater systems and components.

SEC. 2814. ASSESSMENT OF PUBLIC SCHOOLS ON DEPARTMENT OF

DEFENSE INSTALLATIONS.

(a) R

EPORT

EQUIRED

.—

(1) U

PDATE OF 2011 ASSESSMENT ON SCHOOL CAPACITY AND

CONDITION

.—Not later than one year after the date of the

enactment of this Act, the Secretary of Defense shall submit

to the congressional defense committees an update of the

assessment on the capacity and facility condition deficiencies

of elementary and secondary public schools on military installa-

tions conducted by the Secretary in July 2011 under section

8109 of the Department of Defense and Full-Year Continuing

Appropriations Act, 2011 (Public Law 112–10; 125 Stat. 82).

In updating the assessment, the Secretary shall take into

consideration factors including—

(A) schools that have had changes in their condition

or capacity since the original assessment; and

(B) the capacity and facility condition deficiencies of

schools that may have been inadvertently omitted from

the original assessment.

(2) A

DDITIONAL INFORMATION

.—The Secretary shall include

in the update submitted under paragraph (1) a report on the

status of the funds already appropriated, and the schedule

for the completion of projects already approved, under the pro-

grams funded under section 8109 of the Department of Defense

and Full-Year Continuing Appropriations Act, 2011 (Public Law

112–10; 125 Stat. 82), section 8118 of the Consolidated Appro-

priations Act, 2012 (Public Law 112–74; 125 Stat. 833), section

8108 of the Consolidated and Further Continuing Appropria-

tions Act, 2013 (Public Law 113–6; 127 Stat. 322), and section

8107 of the Consolidated and Further Continuing Appropria-

tions Act, 2015 (Public Law 113–235; 128 Stat. 2255).

(b) C

OMPTROLLER

ENERAL

VALUATION

.—Not later than 180

days after the date of the submission of the report under subsection

(a), the Comptroller General of the United States shall submit

to the congressional defense committees an evaluation of the

updated assessment prepared by the Secretary of Defense under

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130 STAT. 2718 PUBLIC LAW 114–328—DEC. 23, 2016

paragraph (1) of subsection (a), including an evaluation of the

accuracy and analytical sufficiency of the updated assessment.

SEC. 2815. PRIOR CERTIFICATION REQUIRED FOR USE OF DEPART-

MENT OF DEFENSE FACILITIES BY OTHER FEDERAL

AGENCIES FOR TEMPORARY HOUSING SUPPORT.

The Secretary of Defense shall not sign a memorandum of

agreement with another Federal agency to provide the agency with

a vacant facility for purposes of temporary housing support unless

the Secretary first submits to the Committees on Armed Services

of the House of Representatives and Senate a certification that

the provision of the facility to the agency for such purpose will

not negatively affect military training, operations, readiness, or

other military requirements, including National Guard and Reserve

readiness.

Subtitle C—Land Conveyances

SEC. 2821. LAND CONVEYANCE, HIGH FREQUENCY ACTIVE AURORAL

RESEARCH PROGRAM FACILITY AND ADJACENT PROP-

ERTY, GAKONA, ALASKA.

(a) C

ONVEYANCES

UTHORIZED

.—

(1) C

ONVEYANCE TO UNIVERSITY OF ALASKA

.—The Secretary

of the Air Force may convey to the University of Alaska (in

this section referred to as the ‘‘University’’) all right, title,

and interest of the United States in and to a parcel of real

property, including improvements thereon, consisting of

approximately 1,158 acres near the Gulkana Village, Alaska,

which was purchased by the Secretary of the Air Force from

Ahtna, Incorporated, in January 1989, contain a High Fre-

quency Active Auroral Research Program facility, and comprise

a portion of the property more particularly described in sub-

section (b), for the purpose of permitting the University to

use the conveyed property for public purposes.

(2) C

ONVEYANCE TO ALASKA NATIVE CORPORATION

.—The

Secretary of the Air Force may convey to Ahtna, Incorporated

(in this section referred to as ‘‘Ahtna’’), all right, title, and

interest of the United States in and to a parcel of real property,

including improvements thereon, consisting of approximately

4,259 acres near Gulkana Village, Alaska, which was purchased

by the Secretary of the Air Force from Ahtna, Incorporated,

in January 1989 and comprise the portion of the property

more particularly described in subsection (b) that does not

contain the High Frequency Active Auroral Research Program

facility. The property to be conveyed under this paragraph

does not include any of the property authorized for conveyance

to the University under paragraph (1).

(b) P

ROPERTY

ESCRIBED

.—Subject to the property exclusions

specified in subsection (c), the real property authorized for convey-

ance under subsection (a) consists of portions of sections within

township 7 north, range 1 east; township 7 north, range 2 east;

township 8 north, range 1 east; and township 8 north, range 2

east; Copper River Meridian, Chitina Recording District, Third

Judicial District, State of Alaska, as follows:

(1) Township 7 north, range 1 east:

(A) Section 1.

10 USC 2556

note.

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130 STAT. 2719 PUBLIC LAW 114–328—DEC. 23, 2016

(B) E

⁄

, S

⁄

, SW

⁄

of section 2.

⁄

, NE

⁄

of section 3.

(D) E

⁄

of section 10.

(E) Sections 11 and 12.

(F) That portion of N

⁄

, N

⁄

of section 13, excluding

all lands lying southerly and easterly of the Glenn Highway

right-of-way.

(G) N

⁄

, N

⁄

of section 14.

(H) NE

⁄

, NE

⁄

of section 15.

(2) Township 7 north, range 2 east:

(A) W

⁄

of section 6.

(B) NW

⁄

of section 7, and the portion of N

⁄

and NW

⁄

of such section lying northerly of the Glenn

Highway right-of-way.

(3) Township 8 north, range 1 east:

(A) SE

⁄

of section 35.

(B) E

⁄

, SW

⁄

, SE

⁄

of section 36.

(4) Township 8 north, range 2 east:

(A) W

⁄

of section 31.

XCLUSION OF

ERTAIN

ROPERTY

.—The real property

authorized for conveyance under subsection (a) may not include

the following:

(1) Public easements reserved pursuant to section 17(b)

of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)),

as described in the Warranty Deed from Ahtna, Incorporated,

to the United States, dated March 1, 1990, recorded in Book

31, pages 665 through 668 in the Chitina Recording District,

Third Judicial District, Alaska.

(2) Easement for an existing trail as described in such

Warranty Deed from Ahtna, Incorporated, to the United States.

(3) The subsurface estate.

(d) C

ONSIDERATION

.—

(1) C

ONVEYANCE TO UNIVERSITY

.—As consideration for the

conveyance of property under subsection (a)(1), the University

shall provide the United States with consideration in an amount

that is acceptable to the Secretary of the Air Force, whether

in the form of cash payment, in-kind consideration, or a com-

bination thereof.

(2) C

ONVEYANCE 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) T

REATMENT OF CASH CONSIDERATION RECEIVED

.—Any

cash payment received by the Secretary as consideration for

a conveyance under subsection (a) shall be deposited in the

special account in the Treasury established under subsection

(b) of section 572 of title 40, United States Code, and shall

be available in accordance with paragraph (5)(B) of such sub-

section.

(e) R

EVERSIONARY

NTEREST

.—If the Secretary of the Air Force

determines at any time that the real property conveyed under

subsection (a)(1) is not being used by the University in accordance

with the purposes of the conveyance specified in such subsection,

all right, title, and interest in and to the property, including any

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130 STAT. 2720 PUBLIC LAW 114–328—DEC. 23, 2016

improvements thereto, shall, at the option of the Secretary, revert

to and become the property of the United States, and the United

States shall have the right of immediate entry onto such property.

A determination by the Secretary under this subsection shall be

made on the record after an opportunity for a hearing.

(f) P

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary of the Air Force

shall require the recipient of real property under this section

to cover all costs to be incurred by the Secretary, or to reimburse

the Secretary for such costs incurred by the Secretary, to carry

out the conveyance of that property, including survey costs,

costs for environmental documentation, and any other adminis-

trative costs related to the conveyance. If amounts are collected

in advance of the Secretary incurring the actual costs, and

the amount collected exceeds the costs actually incurred by

the Secretary to carry out the conveyance, the Secretary shall

refund the excess amount to the recipient.

(2) T

REATMENT OF AMOUNTS RECEIVED

.—Amounts received

under paragraph (1) as reimbursement for costs incurred by

the Secretary to carry out a conveyance under this section

shall be credited and made available to the Secretary as pro-

vided in section 2695(c) of title 10, United States Code.

(g) C

ONVEYANCE

GREEMENT

.—The conveyance of property

under this section shall be accomplished using a quitclaim deed

or other legal instrument and upon terms and conditions mutually

satisfactory to the Secretary of the Air Force and the recipient

of the property, including such additional terms and conditions

as the Secretary considers appropriate to protect the interests of

the United States.

SEC. 2822. LAND CONVEYANCE, CAMPION AIR FORCE RADAR STATION,

GALENA, ALASKA.

(a) C

ONVEYANCE

UTHORIZED

.—The Secretary of the Air Force

may convey, without consideration, to the Town of Galena, Alaska

(in this section referred to as the ‘‘Town’’), all right, title, and

interest of the United States in and to a parcel of real property,

including improvements thereon, at the former Campion Air Force

Station, Alaska, as further described in subsection (b), for the

purpose of permitting the Town to use the conveyed property for

public purposes. The conveyance under this subsection is subject

to valid existing rights.

(b) D

ESCRIPTION OF

ROPERTY

.—The property to be conveyed

under subsection (a) consists of up to approximately 1,300 acres

of the remaining land withdrawn under Public Land Order No.

843 of June 24, 1952, and Public Land Order No. 1405 of April

4, 1957, for use by the Secretary of the Air Force as the former

Campion Air Force Station. The portions of the former Air Force

Station that are not authorized to be conveyed under subsection

(a) are those portions that are subject to environmental land use

restrictions or are undergoing environmental remediation by the

Secretary of the Air Force as of the date of such conveyance.

EVERSIONARY

NTEREST

.—If the Secretary of the Air Force

determines at any time that the real property conveyed under

subsection (a) is not being used in accordance with the purpose

of the conveyance specified in such subsection, all right, title, and

interest in and to the land, including any improvements thereto,

shall, at the option of the Secretary, revert to and become the

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130 STAT. 2721 PUBLIC LAW 114–328—DEC. 23, 2016

property of the United States, and the United States shall have

the right of immediate entry onto such real property. A determina-

tion by the Secretary under this subsection shall be made on the

record after an opportunity for a hearing.

(d) C

ONVEYANCE

GREEMENT

.—The conveyance of land under

this section shall be accomplished using a quitclaim deed or other

legal instrument and upon terms and conditions mutually satisfac-

tory to the Secretary of the Air Force, after consulting with the

Secretary of the Interior, and the Town, including such additional

terms and conditions as the Secretary of the Air Force, after con-

sulting with the Secretary of the Interior, considers appropriate

to protect the interests of the United States.

(e) P

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary of the Air Force

shall require the Town to cover all costs (except costs for

environmental remediation of the property) to be incurred by

the Secretary of the Air Force and by the Secretary of the

Interior, or to reimburse the appropriate Secretary for such

costs incurred by the Secretary, to carry out the conveyance

under this section, including survey costs, costs for environ-

mental documentation, and any other administrative costs

related to the conveyance. If amounts are collected from the

Town in advance of the Secretary incurring the actual costs,

and the amount collected exceeds the costs actually incurred

by the Secretary to carry out the conveyance, the appropriate

Secretary shall refund the excess amount to the Town.

(2) T

REATMENT OF AMOUNTS RECEIVED

.—Amounts received

under paragraph (1) as reimbursement for costs incurred by

the Secretary of the Air Force or by the Secretary of the

Interior to carry out the conveyance under subsection (a) shall

be credited to the fund or account that was used to cover

the costs incurred by the appropriate Secretary in carrying

out the conveyance, or to an appropriate fund or account cur-

rently available to the appropriate Secretary for the purposes

for which the costs were paid. Amounts so credited shall be

merged with amounts in such fund or account and shall be

available for the same purposes, and subject to the same condi-

tions and limitations, as amounts in such fund or account.

(f) M

AP AND

EGAL

ESCRIPTION

.—As soon as practicable after

the date of the enactment of this Act, the Secretary of the Air

Force, in consultation with the Secretary of the Interior, shall

finalize a map and the legal description of the real property to

be conveyed under subsection (a). The Secretary of the Air Force

may correct any minor errors in the map or the legal description.

The map and legal description shall be on file and available for

public inspection in the appropriate offices of the Bureau of Land

Management.

(g) S

UPERSEDENCE OF

UBLIC

AND

RDERS

.—Public Land

Order Nos. 843 and 1405 are hereby superseded, but only insofar

as the orders affect the lands conveyed to the Town under subsection

(a).

SEC. 2823. LEASE, JOINT BASE ELMENDORF-RICHARDSON, ALASKA.

(a) L

EASES

UTHORIZED

.—

(1) L

EASE TO MUNICIPALITY OF ANCHORAGE

.—The Secretary

of the Air Force may lease to the Municipality of Anchorage,

Alaska, certain real property, to include improvements thereon,

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130 STAT. 2722 PUBLIC LAW 114–328—DEC. 23, 2016

at Joint Base Elmendorf-Richardson (‘‘JBER’’), Alaska, as more

particularly described in subsection (b) for the purpose of

permitting the Municipality to use the leased property for rec-

reational purposes.

(2) L

EASE TO MOUNTAIN VIEW LIONS CLUB

.—The Secretary

of the Air Force may lease to the Mountain View Lions Club

certain real property, to include improvements thereon, at

JBER, as more particularly described in subsection (b) for the

purpose of the installation, operation, maintenance, protection,

repair, and removal of recreational equipment.

(b) D

ESCRIPTION OF

ROPERTY

.—

(1) The real property to be leased under subsection (a)(1)

consists of the real property described in Department of the

Air Force Lease No. DACA85–1–99–14.

(2) The real property to be leased under subsection (a)(2)

consists of real property described in Department of the Air

Force Lease No. DACA85–1–97–36.

ERM AND

ONDITIONS OF

EASES

.—

(1) T

ERM OF LEASES

.—The term of the leases authorized

under subsection (a) shall not exceed 25 years.

(2) O

THER TERMS AND CONDITIONS

.—Except as otherwise

provided in this section—

(A) the remaining terms and conditions of the lease

under subsection (a)(1) shall consist of the same terms

and conditions described in Department of the Air Force

Lease No. DACA85–1–99–14; and

(B) the remaining terms and conditions of the lease

under subsection (a)(2) shall consist of the same terms

and conditions described in Department of the Air Force

Lease No. DACA85–1–97–36.

(d) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary may

require such additional terms and conditions in connection with

the leases under this section as the Secretary considers appropriate

to protect the interests of the United States.

SEC. 2824. TRANSFER OF ADMINISTRATIVE JURISDICTIONS, NAVAJO

ARMY DEPOT, ARIZONA.

(a) I

ENERAL

.—All administrative jurisdiction of the Sec-

retary of Agriculture over 28,423 acres of National Forest System

land located within the Kaibab National Forest and the Coconino

National Forest shown on the map entitled ‘‘Navajo Army Depot

Jurisdiction’’ and dated July 19, 2016, is hereby transferred to

the Secretary of the Army.

(b) V

OLUNTEER

OUNTAIN

OOKOUT

.—

(1) A

GREEMENT

.—The Secretary of the Army and the Sec-

retary of Agriculture shall enter into an agreement to authorize

the Secretary of Agriculture to occupy, access by vehicle, and

use Volunteer Mountain Lookout for the purposes of wildfire

detection and reporting for as long as needed by the Secretary

of Agriculture.

(2) M

AINTENANCE

.—The Secretary of Agriculture shall be

responsible for maintaining the Volunteer Mountain Lookout

structure. The Secretary of the Army, in coordination with

the Secretary of Agriculture, shall be responsible for

maintaining road access to Volunteer Mountain Lookout.

ESTORATION OR

EMEDIATION

.—The Secretary of the Army

shall be responsible for, and fund any environmental restoration

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130 STAT. 2723 PUBLIC LAW 114–328—DEC. 23, 2016

or remediation that is required for, the abatement of any release

of hazardous substances, pollutants, contaminants, or petroleum

products on the land referenced in subsection (a), and shall hold

harmless the Secretary of Agriculture from any financial obligation

to contribute to any such restoration or remediation.

(d) R

EVOCATION

.—Public Land Order 59 (dated November 12,

1942) and Public Land Order 176 (dated September 29, 1943)

are hereby revoked.

(e) R

EVERSIONARY

NTEREST

.—On the request of the owners

of the Camp Navajo railroad 1 parcel and the Camp Navajo railroad

2 parcel, any reversionary interest of the United States pursuant

to the Act of July 27, 1866 (14 Stat. 292, chapter 278), in and

to the Camp Navajo railroad 1 parcel shall be transferred to the

Camp Navajo railroad 2 parcel.

(f) R

ELEASE

.—On transfer of the reversionary interest under

subsection (e), the Camp Navajo railroad 1 parcel shall no longer

be subject to the reversionary interest described in that subsection.

(g) D

EFINITIONS

.—In this section:

(1) C

AMP NAVAJO RAILROAD 1 PARCEL

.—The term ‘‘Camp

Navajo railroad 1 parcel’’ means the land described in the

deed recorded in Coconino County, Arizona, on October 6, 2014,

as document number 3703647.

(2) C

AMP NAVAJO RAILROAD 2 PARCEL

.—The term ‘‘Camp

Navajo railroad 2 parcel’’ means the parcel of land as described

in the deed recorded in Coconino County, Arizona, on June

2, 2006, as document number 3386576.

SEC. 2825. EXCHANGE OF PROPERTY INTERESTS, SAN DIEGO UNIFIED

PORT DISTRICT, CALIFORNIA.

(a) E

XCHANGE OF

ROPERTY

NTERESTS

UTHORIZED

.—

(1) I

NTERESTS 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) I

NTERESTS TO BE ACQUIRED

.—In exchange for the prop-

erty interests described in paragraph (1), the Secretary may

accept from the District property interests of equal value and

similar utility, as determined by the Secretary, located within

immediate proximity to the property described in paragraph

(1), that provide the rights to an equivalent number of parking

spaces of equal value (subject to subsection (c)(1)).

(b) E

NCUMBRANCES

.—

(1) N

O ACCEPTANCE OF PROPERTY WITH ENCUMBRANCES PRE

CLUDING USE AS PARKING SPACES

.—In an exchange of property

interests under subsection (a), the Secretary may not accept

any property under subsection (a)(2) unless the property is

free of encumbrances that would preclude the Department of

the Navy from using the property for parking spaces, as deter-

mined under paragraph (2).

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130 STAT. 2724 PUBLIC LAW 114–328—DEC. 23, 2016

(2) D

ETERMINATION OF FREEDOM FROM ENCUMBRANCES

.—

For purposes of paragraph (1), a property shall be considered

to be free of encumbrances that would preclude the Department

of the Navy from using the property for parking spaces if—

(A) the District guarantees and certifies that the prop-

erty is free of such encumbrances under its own authority

to preclude the use of the property for parking spaces;

and

(B) the District obtains guarantees and certifications

from appropriate entities of the State and units of local

government that the property is free of any such encum-

brances that may be in place pursuant to the Tidelands

Trust, the North Embarcadero Visionary Plan, the Down-

town Community Plan, or any other law, regulation, plan,

or document.

QUALIZATION

.—

(1) T

RANSFER 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) N

O 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) P

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary shall require the

District to cover all costs to be incurred by the Secretary,

or to reimburse the Secretary for such costs incurred by the

Secretary, to carry out the exchange of property interests under

this section, including survey costs, costs related to environ-

mental documentation, real estate due diligence such as

appraisals, and any other administrative costs related to the

exchange of property interests. If amounts are collected from

the District in advance of the Secretary incurring the actual

costs and the amount collected exceeds the costs actually

incurred by the Secretary to carry out the exchange of property

interests, the Secretary shall refund the excess amount to the

District.

(2) T

REATMENT 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) D

ESCRIPTION OF

ROPERTY

.—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) C

ONVEYANCE

GREEMENT

.—The exchange of property

interests under this section shall be accomplished using a lease,

lease amendment, or other legal instrument and upon terms and

conditions mutually satisfactory to the Secretary and the District,

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130 STAT. 2725 PUBLIC LAW 114–328—DEC. 23, 2016

including such additional terms and conditions as the Secretary

considers appropriate to protect the interests of the United States.

SEC. 2826. RELEASE OF PROPERTY INTERESTS RETAINED IN CONNEC-

TION WITH LAND CONVEYANCE, EGLIN AIR FORCE BASE,

FLORIDA.

(a) R

ELEASE OF

XCEPTIONS

, L

IMITATIONS

AND

ONDITIONS

EEDS

.—With respect to approximately 126 acres of real property

in Okaloosa County, Florida, more particularly described in sub-

section (b), which were conveyed by the United States to the Air

Force Enlisted Mens’ Widows and Dependents Home Foundation,

Incorporated (‘‘Air Force Enlisted Village’’), the Secretary of the

Air Force may release, without consideration, any and all excep-

tions, limitations, and conditions specified by the United States

in the deeds conveying such real property.

(b) P

ROPERTY

ESCRIBED

.—The real property subject to sub-

section (a) was part of Eglin Air Force, Florida, and consists of

all parcels conveyed in exchange for fair market value cash payment

by the Air Force Enlisted Village pursuant to section 809(c) of

the Military Construction Authorization Act, 1979 (Public Law 95–

356; 92 Stat. 587), as amended by section 2826 of the Military

Construction Authorization Act, 1989 (Public Law 100–456; 102

Stat. 2123), and section 2861 of the Military Construction

Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112

Stat. 2223).

NSTRUMENT OF

ELEASE AND

ESCRIPTION OF

ROPERTY

.—

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) P

AYMENT OF

DMINISTRATIVE

OSTS

.—

(1) P

AYMENT REQUIRED

.—The Secretary may require the

Air Force Enlisted Village to pay for any costs to be incurred

by the Secretary, or to reimburse the Secretary for costs

incurred by the Secretary, to carry out the release under sub-

section (a), including survey costs, costs related to environ-

mental documentation, and other administrative costs related

to the release. If amounts paid to the Secretary in advance

exceed the costs actually incurred by the Secretary to carry

out the release, the Secretary shall refund the excess amount

to the Air Force Enlisted Village.

(2) T

REATMENT OF AMOUNTS RECEIVED

.—Amounts received

under paragraph (1) as reimbursement for costs incurred by

the Secretary to carry out the release under subsection (a)

shall be credited and made available to the Secretary as pro-

vided in section 2695(c) of title 10, United States Code.

(e) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary may

require such additional terms and conditions in connection with

the release of exceptions, limitations, and conditions under sub-

section (a) as the Secretary considers appropriate to protect the

interests of the United States.

SEC. 2827. LAND EXCHANGE, FORT HOOD, TEXAS.

(a) E

XCHANGE

UTHORIZED

.—The Secretary of the Army may

convey to the City of Copperas Cove, Texas (in this section referred

to as the ‘‘City’’), all right, title, and interest of the United States

in and to a parcel of real property, including any improvements

thereon, consisting of approximately 437 acres at Fort Hood, Texas,

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130 STAT. 2726 PUBLIC LAW 114–328—DEC. 23, 2016

for the purpose of permitting the City to improve arterial transpor-

tation routes in the vicinity of Fort Hood and to promote economic

development in the area of the City and Fort Hood.

(b) C

ONSIDERATION

.—As consideration for the conveyance under

subsection (a), the City shall convey to the Secretary of the Army

all right, title, and interest of the City in and to one or more

parcels of real property that are acceptable to the Secretary. The

fair market value of the real property acquired by the Secretary

under this subsection shall be at least equal to the fair market

value of the real property conveyed under subsection (a), as deter-

mined by appraisals acceptable to the Secretary.

ESCRIPTION OF

ROPERTY

.—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) P

AYMENT OF

OSTS OF

ONVEYANCES

.—

(1) P

AYMENT REQUIRED

.—The Secretary of the Army shall

require the City to cover costs to be incurred by the Secretary,

or to reimburse the Secretary for costs incurred by the Sec-

retary, to carry out the conveyances under this section,

including survey costs related to the conveyances. If amounts

are collected from the City in advance of the Secretary incurring

the actual costs, and the amount collected exceeds the costs

actually incurred by the Secretary to carry out the conveyances,

the Secretary shall refund the excess amount to the City.

(2) T

REATMENT 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) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary of the

Army may require such additional terms and conditions in connec-

tion with the conveyances under this section as the Secretary con-

siders appropriate to protect the interests of the United States.

SEC. 2828. LAND CONVEYANCE, P–36 WAREHOUSE, COLBERN UNITED

STATES ARMY RESERVE CENTER, LAREDO, TEXAS.

(a) C

ONVEYANCE

UTHORIZED

.—The Secretary of the Army may

convey, without consideration, to the Laredo Community College

(in this section referred to as the ‘‘LCC’’) all right, title, and interest

of the United States in and to a parcel of real property consisting

of approximately 0.077 acres, including the approximately 725 sq.

ft. Historic Building, P–36 Warehouse, and other improvements

thereon, at Colbern United States Army Reserve Center, Laredo,

Texas, for the purposes of educational use and historic preservation.

(b) P

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary of the Army shall

require the LCC to cover costs (except costs for environmental

remediation of the property) to be incurred by the Secretary,

or to reimburse the Secretary for such costs incurred by the

Secretary, to carry out the conveyance under subsection (a),

including survey costs, costs for environmental documentation,

and any other administrative costs related to the conveyance.

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130 STAT. 2727 PUBLIC LAW 114–328—DEC. 23, 2016

If amounts are collected from the LCC in advance of the Sec-

retary incurring the actual costs, and the amount collected

exceeds the costs actually incurred by the Secretary to carry

out the conveyance, the Secretary shall refund the excess

amount to the LCC.

(2) T

REATMENT 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.

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

description of the property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary of

the Army.

(d) R

EVERSIONARY

NTEREST

.—

(1) R

EVERSION

.—If the Secretary of the Army determines

at any time that the property conveyed under subsection (a)

is not being used in accordance with the purpose of the convey-

ance specified in subsection (a), all right, title, and interest

in and to such property, including any improvements thereto,

shall, at the option of the Secretary, revert to and become

the property of the United States, and the United States shall

have the right of immediate entry onto such property. A deter-

mination by the Secretary under this paragraph shall be made

on the record after an opportunity for a hearing.

(2) P

AYMENT OF CONSIDERATION IN LIEU OF REVERSION

.—

In lieu of exercising the right of reversion retained under para-

graph (1) with respect to the property conveyed under sub-

section (a), the Secretary may require the LCC to pay to the

United States an amount equal to the fair market value of

the property conveyed, as determined by the Secretary.

(3) T

REATMENT OF CASH CONSIDERATION

.—Any cash pay-

ment received by the United States under paragraph (2) shall

be deposited in the special account in the Treasury established

under subsection (b) of section 572 of title 40, United States

Code, and shall be available in accordance with paragraph

(5)(B) of such subsection.

(e) A

DDITIONAL

ERMS

.—The Secretary of the Army may require

such additional terms and conditions in connection with the convey-

ance under subsection (a) as the Secretary considers appropriate

to protect the interests of the United States.

SEC. 2829. LAND CONVEYANCE, ST. GEORGE NATIONAL GUARD

ARMORY, ST. GEORGE, UTAH.

(a) L

AND

ONVEYANCE

UTHORIZED

.—The Secretary of the

Interior may convey, without consideration, to the State of Utah

all right, title, and interest of the United States in and to a parcel

of public land in St. George, Utah, comprising approximately 70

acres, as described in Public Land Order 6840 published in the

Federal Register on March 29, 1991 (56 Fed. Reg. 13081), and

containing the St. George National Guard Armory for the purpose

of permitting the Utah National Guard to use the conveyed land

for military purposes.

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130 STAT. 2728 PUBLIC LAW 114–328—DEC. 23, 2016

(b) T

ERMINATION OF

RIOR

DMINISTRATIVE

CTION

.—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.

ESCRIPTION OF

ROPERTY

.—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) C

ONVEYANCE

GREEMENT

.—The conveyance under this sec-

tion shall be accomplished using a quitclaim deed or other legal

instrument and upon terms and conditions mutually satisfactory

to the Secretary of the Interior and the State of Utah, including

such additional terms and conditions as the Secretary considers

appropriate to protect the interests of the United States.

(e) R

EVERSIONARY

NTEREST

.—If the Secretary of the Interior

determines at any time that the property conveyed under subsection

(a) is not being used in accordance with the purpose of the convey-

ance specified in subsection (a), all right, title, and interest in

and to such property, including any improvements thereto, shall,

at the option of the Secretary, revert to and become the property

of the United States, and the United States shall have the right

of immediate entry onto such property. A determination by the

Secretary under this paragraph shall be made on the record after

an opportunity for a hearing.

SEC. 2829A. LAND ACQUISITIONS, ARLINGTON COUNTY, VIRGINIA.

(a) A

CQUISITION

UTHORIZED

.—

(1) I

N GENERAL

.—The Secretary of the Army may acquire

by purchase, exchange, donation, or by other means, including

condemnation, which the Secretary determines is sufficient for

the expansion of Arlington National Cemetery for purposes

of ensuring maximization of interment sites and compatible

use of adjacent properties, including any appropriate cemetery

or memorial parking, all right, title, and interest in and to

land—

(A) from Arlington County (in this section referred

to as the ‘‘County’’), one or more parcels of real property

in the area known as the Southgate Road right-of-way,

Columbia Pike right-of-way, and South Joyce Street right-

of-way located in Arlington County, Virginia; and

(B) from the Commonwealth of Virginia (in this section

referred to as the ‘‘Commonwealth’’), one or more parcels

of property in the area known as the Columbia Pike right-

of-way, including the Washington Boulevard-Columbia Pike

interchange, but excluding the Virginia Department of

Transportation Maintenance and Operations Facility.

(2) S

ELECTION OF PROPERTY FOR ACQUISITION

.—The Memo-

randum of Understanding between the Department of the Army

and Arlington County signed in January 2013 shall be used

as a guide in determining the properties to be acquired under

this section to expand Arlington National Cemetery to the

maximum extent practicable. After consultation with the

Commonwealth and the County, the Secretary shall determine

the exact parcels to be acquired, and such determination shall

be final. In selecting the properties to be acquired under para-

graph (1), the Secretary shall seek—

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130 STAT. 2729 PUBLIC LAW 114–328—DEC. 23, 2016

(A) to remove existing barriers to the expansion of

Arlington National Cemetery north of Columbia Pike

through a realignment of Southgate Road to the western

boundary of the former Navy Annex site; and

(B) to support the realignment and straightening of

Columbia Pike and redesign of the Washington Boulevard-

Columbia Pike interchange.

(3) C

ONSIDERATION

.—The Secretary is authorized to expend

amounts up to fair market value consideration for the interests

in land acquired under this subsection.

(b) E

XCHANGE

UTHORIZED

.—

(1) E

XCHANGE

.—In carrying out the acquisition authorized

in subsection (a), in lieu of the consideration authorized under

subsection (a)(3), the Secretary may convey through land

exchange—

(A) to the County, all right, title, and interest of the

United States in and to one or more parcels of real property,

together with any improvements thereon, located south

of current Columbia Pike and west of South Joyce Street

in Arlington County, Virginia;

(B) to the Commonwealth, all right, title, and interest

of the United States in and to one or more parcels of

property east of Joyce Street in Arlington County, Virginia,

necessary for the realignment of Columbia Pike and the

Washington Boulevard-Columbia Pike interchange, as well

as for future improvements to Interstate 395 ramps; and

real property under control of the Secretary determined

by the Secretary to be excess to the needs of the Army.

(2) E

XCHANGE VALUE

.—

(A) M

INIMUM VALUE

.—The Secretary shall obtain no

less than fair market value consideration for any property

conveyed under this subsection.

(B) C

ASH EQUALIZATION

.—Where the value of property

to be exchanged is greater than the value of property

to be acquired by the Secretary, the Secretary may accept

cash equalization payments.

REATMENT OF CASH CONSIDERATION RECEIVED

.—

Any cash payment received by the United States as consid-

eration for the conveyance under subparagraph (B) shall

be deposited in the special account in the Treasury estab-

lished under subsection (b) of section 572 of title 40, United

States Code, and shall be available in accordance with

paragraph (5)(B) of such subsection or, in the case of

conveyance of excess property located on a military installa-

tion closed under the Defense Base Closure and Realign-

ment Act of 1990 (part A of title XXIX of Public Law

101–510; 10 U.S.C. 2687 note), shall be deposited in the

special account established under section 2906 of such Act.

PPRAISALS

.—The value of property to be acquired or con-

veyed under this section shall be determined by appraisals accept-

able to the Secretary.

(d) D

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

description of the real property to be acquired or conveyed under

this section shall be determined by surveys satisfactory to the

Secretary, in consultation with the Commonwealth and the County

where practicable.

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130 STAT. 2730 PUBLIC LAW 114–328—DEC. 23, 2016

(e) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary may

require such additional terms and conditions in connection with

transactions authorized under this section as is considered appro-

priate to protect the interests of the United States.

(f) R

EPEAL OF

UTHORITY

.—Section 2841 of the Military

Construction Authorization Act for Fiscal Year 2015 (division B

of Public Law 113–291; 128 Stat. 3712) is repealed.

SEC. 2829B. RELEASE OF RESTRICTIONS, RICHLAND INNOVATION

CENTER, RICHLAND, WASHINGTON.

(a) R

ELEASE

UTHORIZED

.—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) C

ONSIDERATION

.—

(1) C

ONSIDERATION 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) I

KIND CONSIDERATION

.—In-kind consideration pro-

vided by the Port under paragraph (1) may include the acquisi-

tion, construction, provision, improvement, maintenance, repair,

or restoration (including environmental restoration), or com-

bination thereof, of any facility or infrastructure under the

jurisdiction of any office of the Federal Government.

(3) T

REATMENT OF CONSIDERATION RECEIVED

.—Consider-

ation in the form of cash payment received by the Secretary

under paragraph (1) shall be deposited in the separate fund

in the Treasury described in section 572(a)(1) of title 40, United

States Code.

AYMENT OF

OST OF

ELEASE

.—

(1) P

AYMENT REQUIRED

.—The Secretary of Transportation

shall require the Port to cover costs to be incurred by the

Secretary, or to reimburse the Secretary for such costs incurred

by the Secretary, to carry out the release under subsection

(a), including survey costs, costs for environmental documenta-

tion related to the release, and any other administrative costs

related to the release. If amounts are collected from the Port

in advance of the Secretary incurring the actual costs, and

the amount collected exceeds the costs actually incurred by

the Secretary to carry out the release, the Secretary shall

refund the excess amount to the Port.

(2) T

REATMENT OF AMOUNTS RECEIVED

.—Amounts received

as reimbursement under paragraph (1) shall be credited to

the fund or account that was used to cover the costs incurred

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130 STAT. 2731 PUBLIC LAW 114–328—DEC. 23, 2016

by the Secretary in carrying out the release under subsection

(a) or, if the period of availability of obligations for that appro-

priation has expired, to the appropriations of fund that is

currently available to the Secretary for the same purpose.

Amounts so credited shall be merged with amounts in such

fund or account and shall be available for the same purposes,

and subject to the same conditions and limitations, as amounts

in such fund or account.

(d) D

ESCRIPTION OF

ROPERTY

.—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) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary of

Transportation may require such additional terms and conditions

in connection with the release under subsection (a) as the Secretary,

in consultation with the Administrator of General Services, con-

siders appropriate to protect the interests of the United States.

SEC. 2829C. MODIFICATION OF LAND CONVEYANCE, ROCKY MOUNTAIN

ARSENAL NATIONAL WILDLIFE REFUGE.

Section 5(d)(1) of the Rocky Mountain Arsenal National Wildlife

Refuge Act of 1992 (Public Law 102–402; 16 U.S.C. 668dd note)

is amended by adding at the end the following new subparagraph:

‘‘(C)(i) Notwithstanding clause (i) of subparagraph (A), the

restriction attached to any deed to any real property designated

for disposal under this section that prohibits the use of the

property for residential or industrial purposes may be modified

or removed if a determination is made that the property will

be protective of human health and the environment for the

proposed use with an adequate margin of safety following the

modification or removal of the restriction.

‘‘(ii) The determination described in clause (i) shall be

made after—

‘‘(I) the performance of a risk assessment pursuant

to the Comprehensive Environmental Response, Compensa-

tion, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);

and

‘‘(II) the completion of response actions that are nec-

essary to protect human health and the environment to

allow for the proposed use.

‘‘(iii) The Secretary of the Army shall not be responsible

or liable for any of the following:

‘‘(I) The cost of the risk assessment performed under

subclause (I) of clause (ii) or any response actions described

in subclause (II) of clause (ii).

‘‘(II) Any damages attributable to the use of property

for residential or industrial purposes as the result of the

modification or removal of a deed restriction pursuant to

clause (i), or the costs of any actions taken in response

to such damages.’’.

SEC. 2829D. CLOSURE OF ST. MARYS AIRPORT.

(a) R

ELEASE OF

ESTRICTIONS

.—Subject to subsection (b), the

United States, acting through the Administrator of the Federal

Aviation Administration, shall release the city of St. Marys, Georgia,

from all restrictions, conditions, and limitations on the use, encum-

brance, conveyance, and closure of the St. Marys Airport, to the

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130 STAT. 2732 PUBLIC LAW 114–328—DEC. 23, 2016

extent such restrictions, conditions, and limitations are enforceable

by the Administrator.

(b) R

EQUIREMENTS FOR

ELEASE OF

ESTRICTIONS

.—The

Administrator shall execute the release under subsection (a) once

all of the following occurs:

(1) The Secretary of the Navy transfers to the Georgia

Department of Transportation the amounts described in sub-

section (c) and requires as an enforceable condition on such

transfer that all funds transferred shall be used only for airport

development (as defined in section 47102 of title 49, United

States Code) of a general aviation airport in Georgia, consistent

with planning efforts conducted by the Administrator and the

Georgia Department of Transportation.

(2) The city of St. Marys, for consideration as provided

for in this section, grants to the United States, under the

administrative jurisdiction of the Secretary, a restrictive use

easement in the real property used for the St. Marys Airport,

as determined acceptable by the Secretary, under such terms

and conditions as the Secretary considers necessary to protect

the interests of the United States and prohibiting the future

use of such property for all aviation-related purposes and any

other purposes deemed by the Secretary to be incompatible

with the operations, functions, and missions of Naval Sub-

marine Base, Kings Bay, Georgia.

(3) The Secretary obtains an appraisal to determine the

fair market value of the real property used for the St. Marys

Airport in the manner described in subsection (c)(1).

(4) The Administrator fulfills the obligations under the

National Environmental Policy Act of 1969 (42 U.S.C. 4321

et seq.) in connection with the release under subsection (a).

In carrying out such obligations—

(A) the Administrator shall not assume or consider

any potential or proposed future redevelopment of the cur-

rent St. Marys airport property;

(B) any potential new general aviation airport in

Georgia shall be deemed to be not connected with the

release noted in subsection (a) nor the closure of St. Marys

Airport; and

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

for a potential general aviation airport in Georgia shall

be considered through an environmental review process

separate and apart from the environmental review made

a condition of release by this section.

RANSFER OF

MOUNTS

ESCRIBED

.—The amounts described

in this subsection are the following:

(1) An amount equal to the fair market value of the real

property of the St. Marys Airport, as determined by the Sec-

retary and concurred in by the Administrator, based on an

appraisal report and title documentation that—

(A) is prepared or adopted by the Secretary, and con-

curred in by the Administrator, not more than 180 days

prior to the transfer described in subsection (b)(1); and

(B) meets all requirements of Federal law and the

appraisal and documentation standards applicable to the

acquisition and disposal of real property interests of the

United States.

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130 STAT. 2733 PUBLIC LAW 114–328—DEC. 23, 2016

(2) An amount equal to the unamortized portion of any

Federal development grants (including grants available under

a State block grant program established pursuant to section

47128 of title 49, United States Code), other than used for

the acquisition of land, paid to the city of St. Marys for use

as the St. Marys Airport.

(3) An amount equal to the airport revenues remaining

in the airport account for the St. Marys Airport as of the

date of the enactment of this Act and as otherwise due to

or received by the city of St. Marys after such date of enactment

pursuant to sections 47107(b) and 47133 of title 49, United

States Code.

(d) A

UTHORIZATION FOR

RANSFER OF

UNDS

.—Using funds

available to the Department of the Navy for operation and mainte-

nance, the Secretary may pay the amounts described in subsection

described in subsection (b)(1).

(e) A

DDITIONAL

EQUIREMENTS

.—

(1) S

URVEY

.—The exact acreage and legal description of

St. Marys Airport shall be determined by a survey satisfactory

to the Secretary and concurred in by the Administrator.

(2) P

LANNING OF GENERAL AVIATION AIRPORT

.—Any plan-

ning effort for the development of a new general aviation airport

in southeast Georgia using the amounts described in subsection

shall ensure that any such airport does not encroach on the

operations, functions, and missions of Naval Submarine Base,

Kings Bay, Georgia.

(f) R

ULE OF

ONSTRUCTION

.—Nothing in this section may be

construed to limit the applicability of—

(1) the requirements and processes under section 46319

of title 49, United States Code;

(2) the requirements and processes under part 157 of title

14, Code of Federal Regulations; or

(3) the public notice requirements under section 47107(h)(2)

of title 49, United States Code.

SEC. 2829E. TRANSFER OF FORT BELVOIR MARK CENTER CAMPUS

FROM THE SECRETARY OF THE ARMY TO THE SEC-

RETARY OF DEFENSE AND APPLICABILITY OF CERTAIN

PROVISIONS OF LAW RELATING TO THE PENTAGON RES-

ERVATION.

(a) I

NCLUSION OF

ARK

ENTER

AMPUS

NDER

ENTAGON

ESERVATION

UTHORITIES

.—

(1) D

EFINITION OF PENTAGON RESERVATION

.—Paragraph (1)

of subsection (f) of section 2674 of title 10, United States

Code, is amended to read as follows:

‘‘(1) The term ‘Pentagon Reservation’ means the Pentagon,

the Mark Center Campus, and the Raven Rock Mountain Com-

plex.’’.

(2) O

THER DEFINITIONS

.—Such subsection is further

amended by adding at the end the following new paragraphs:

‘‘(3) The term ‘Pentagon’ means that area of land (consisting

of approximately 227 acres) and improvements thereon,

including parking areas, located in Arlington County, Virginia,

containing the Pentagon Office Building and its supporting

facilities.

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130 STAT. 2734 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(4) The term ‘Mark Center Campus’ means that area

of land (consisting of approximately 16 acres) and improvements

thereon, including parking areas, located in Alexandria, Vir-

ginia, and known on the day before the date of the enactment

of this paragraph as the Fort Belvoir Mark Center Campus.

‘‘(5) The term ‘Raven Rock Mountain Complex’ means that

area of land (consisting of approximately 720 acres) and

improvements thereon, including parking areas, at the Raven

Rock Mountain Complex and its supporting facilities located

in Maryland and Pennsylvania.’’.

(3) C

ONFORMING AMENDMENT RELATING TO LAW ENFORCE

MENT AUTHORITY

.—Subsection (b)(1) of such section is amended

by inserting ‘‘for the Pentagon Reservation and’’ after ‘‘law

enforcement and security functions’’.

(4) C

ONFORMING AMENDMENT RELATING TO DEFINITIONS

.—

Subsection (g) of such section is repealed.

(b) U

PDATE TO

EFERENCE TO

ECRETARY OF

EFENSE

UTHORITY

.—Subsection (a) of such section is amended—

(1) by striking ‘‘Jurisdiction’’ and inserting ‘‘The Secretary

of Defense has jurisdiction’’; and

(2) by striking ‘‘is transferred to the Secretary of Defense’’.

EPEAL OF

BSOLETE

EPORTING

EQUIREMENT

.—Such sub-

section is further amended—

(1) by striking ‘‘(1)’’ after ‘‘(a)’’; and

(2) by striking paragraphs (2) and (3).

(d) S

UBSECTION

APTIONS

.—Such section is further amended—

(1) in subsection (a), as amended by subsection (c) of this

section, by inserting ‘‘P

ENTAGON

ESERVATION

.—’’ after ‘‘(a)’’;

(2) in subsection (b), by striking ‘‘(b)(1)’’ and inserting ‘‘

(b) L

NFORCEMENT

UTHORITIES AND

ERSONNEL

.—(1)’’;

(3) in subsection (c), by striking ‘‘(c)(1)’’ and inserting ‘‘

EGULATIONS AND

NFORCEMENT

.—(1)’’;

(4) in subsection (d), by inserting ‘‘A

UTHORITY

HARGE

FOR

ROVISION OF

ERTAIN

ERVICES AND

ACILITIES

.—’’ after

‘‘(d)’’;

(5) in subsection (e), by striking ‘‘(e)(1)’’ and inserting ‘‘

(e) P

ENTAGON

ESERVATION

AINTENANCE

EVOLVING

UND

.—

(1)’’; and

(6) in subsection (f), by inserting ‘‘D

EFINITIONS

.—’’ after

‘‘(f)’’.

SEC. 2829F. RETURN OF CERTAIN LANDS AT FORT WINGATE, NEW

MEXICO, TO THE ORIGINAL INHABITANTS.

(a) D

IVISION AND

REATMENT OF

ANDS OF

ORMER

ORT

INGATE

EPOT

CTIVITY

, N

EXICO

ENEFIT THE

UNI

RIBE AND

AVAJO

ATION

.—

(1) I

MMEDIATE TRUST ON BEHALF OF ZUNI TRIBE

;

EXCEP

TION

.—Subject to valid existing rights and to easements

reserved pursuant to subsection (b), all right, title, and interest

of the United States in and to the lands of Former Fort Wingate

Depot Activity depicted in dark blue on the map titled ‘‘The

Fort Wingate Depot Activity Negotiated Property Division April

2016’’ (in this section referred to as the ‘‘Map’’) and transferred

to the Secretary of the Interior are to be held in trust by

the Secretary of the Interior for the Zuni Tribe as part of

the Zuni Reservation, unless the Zuni Tribe otherwise elects

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130 STAT. 2735 PUBLIC LAW 114–328—DEC. 23, 2016

under clause (ii) of paragraph (3)(C) to have the parcel conveyed

to it in Restricted Fee Status.

(2) I

MMEDIATE TRUST ON BEHALF OF THE NAVAJO NATION

;

EXCEPTION

.—Subject to valid existing rights and to easements

reserved pursuant to subsection (b), all right, title, and interest

of the United States in and to the lands of Former Fort Wingate

Depot Activity depicted in dark green on the Map and trans-

ferred to the Secretary of the Interior are to be held in trust

by the Secretary of the Interior for the Navajo Nation as

part of the Navajo Reservation, unless the Navajo Nation other-

wise elects under clause (ii) of paragraph (3)(C) to have the

parcel conveyed to it in Restricted Fee Status.

(3) S

UBSEQUENT TRANSFER AND TRUST

;

RESTRICTED FEE

STATUS ALTERNATIVE

.—

(A) T

RANSFER UPON COMPLETION OF REMEDIATION

.—

Not later than 60 days after the date on which the Sec-

retary of the Army, with the concurrence of the New Mexico

Environment Department, notifies the Secretary of the

Interior that remediation of a parcel of land of Former

Fort Wingate Depot Activity has been completed consistent

with subsection (c), the Secretary of the Army shall transfer

administrative jurisdiction over the parcel to the Secretary

of the Interior.

(B) N

OTIFICATION OF TRANSFER

.—Not later than 30

days after the date on which the Secretary of the Army

transfers administrative jurisdiction over a parcel of land

of Former Fort Wingate Depot Activity under subparagraph

(A), the Secretary of the Interior shall notify the Zuni

Tribe and Navajo Nation of the transfer of administrative

jurisdiction over the parcel.

RUST OR RESTRICTED FEE STATUS

.—

(i) T

RUST

.—Except as provided in clause (ii), the

Secretary of the Interior shall hold each parcel of land

of Former Fort Wingate Depot Activity transferred

under subparagraph (A) in trust—

(I) for the Zuni Tribe, in the case of land

depicted in blue on the Map; or

(II) for the Navajo Nation, in the case of land

depicted in green on the Map.

(ii) R

ESTRICTED FEE STATUS

.—In lieu of having

a parcel of land held in trust under clause (i), the

Zuni Tribe, with respect to land depicted in blue on

the Map, and the Navajo Nation, with respect to land

depicted in green on the Map, may elect to have the

Secretary of the Interior convey the parcel or any por-

tion of the parcel to it in restricted fee status.

(iii) N

OTIFICATION OF ELECTION

.—Not later than

45 days after the date on which the Zuni Tribe or

the Navajo Nation receives notice under subparagraph

(B) of the transfer of administrative jurisdiction over

a parcel of land of Former Fort Wingate Depot Activity,

the Zuni Tribe or the Navajo Nation shall notify the

Secretary of the Interior of an election under clause

(ii) for conveyance of the parcel or any portion of the

parcel in restricted fee status.

(iv) C

ONVEYANCE

.—As soon as practicable after

receipt of a notice from the Zuni Tribe or the Navajo

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130 STAT. 2736 PUBLIC LAW 114–328—DEC. 23, 2016

Nation under clause (iii), but in no case later than

6 months after receipt of the notice, the Secretary

of the Interior shall convey, in restricted fee status,

the parcel of land of Former Fort Wingate Depot

Activity covered by the notice to the Zuni Tribe or

the Navajo Nation, as the case may be.

(v) R

ESTRICTED FEE STATUS DEFINED

.—For pur-

poses of this section only, the term ‘‘restricted fee

status’’, with respect to land conveyed under clause

(iv), means that the land so conveyed—

(I) shall be owned in fee by the Indian tribe

to whom the land is conveyed;

(II) shall be part of the Indian tribe’s Reserva-

tion and expressly made subject to the jurisdiction

of the Indian Tribe;

(III) shall not be sold by the Indian tribe with-

out the consent of Congress;

(IV) shall not be subject to taxation by a State

or local government other than the government

of the Indian tribe; and

(V) shall not be subject to any provision of

law providing for the review or approval by the

Secretary of the Interior before an Indian tribe

may use the land for any purpose, directly or

through agreement with another party.

(4) S

URVEY AND BOUNDARY REQUIREMENTS

.—

(A) I

N GENERAL

.—The Secretary of the Interior shall—

(i) provide for the survey of lands of Former Fort

Wingate Depot Activity taken into trust for the Zuni

Tribe or the Navajo Nation or conveyed in restricted

fee status for the Zuni Tribe or the Navajo Nation

under paragraph (1), (2), or (3); and

(ii) establish legal boundaries based on the Map

as parcels are taken into trust or conveyed in restricted

fee status.

(B) C

ONSULTATION

.—Not later than 90 days after the

date of the enactment of this section, the Secretary of

the Interior shall consult with the Zuni Tribe and the

Navajo Nation to determine their priorities regarding the

order in which parcels should be surveyed and, to the

greatest extent feasible, the Secretary shall follow these

priorities.

(5) R

ELATION TO CERTAIN REGULATIONS

.—Part 151 of title

25, Code of Federal Regulations, shall not apply to taking

lands of Former Fort Wingate Depot Activity into trust under

paragraph (1), (2), or (3).

(6) F

ORT WINGATE LAUNCH COMPLEX LAND STATUS

.—Upon

certification by the Secretary of Defense that the area generally

depicted as ‘‘Fort Wingate Launch Complex’’ on the Map is

no longer required for military purposes and can be transferred

to the Secretary of the Interior—

(A) the areas generally depicted as ‘‘FWLC A’’ and

‘‘FWLC B’’ on the Map shall be held in trust by the Sec-

retary of the Interior for the Zuni Tribe in accordance

with this subsection; and

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130 STAT. 2737 PUBLIC LAW 114–328—DEC. 23, 2016

(B) the areas generally depicted as ‘‘FWLC C’’ and

‘‘FWLC D’’ on the Map shall be held in trust by the Sec-

retary of the Interior for the Navajo Nation in accordance

with this subsection.

(b) T

EMPORARY

ETENTION OF

ECESSARY

ASEMENTS AND

CCESS

.—

(1) T

REATMENT OF EXISTING EASEMENTS

PERMIT RIGHTS

AND RIGHTS

WAY

.—

(A) I

N GENERAL

.—The lands of Former Fort Wingate

Depot Activity held in trust or conveyed in restricted fee

status pursuant to subsection (a) shall be held in trust

with easements, permit rights, and rights-of-way, and

access associated with such easements, permit rights, and

rights-of-way, of any applicable utility service provider in

existence or for which an application is pending for existing

facilities at the time of the conveyance or change to trust

status, including the right to upgrade applicable utility

services recognized and preserved, for a period of 40 years

beginning on the date of the conveyance or change to

trust status and without the right of revocation during

such period (except as provided in subparagraph (B)).

(B) T

ERMINATION

.—During the 40-year period referred

to in subparagraph (A), an easement, permit right, or right-

of-way recognized and preserved under subparagraph (A)

shall terminate only—

(i) on the relocation of an applicable utility service

referred to in subparagraph (A), but only with respect

to that portion of the utility facilities that are relocated;

(ii) with the consent of the holder of the easement,

permit right, or right-of-way.

DDITIONAL EASEMENTS

.—During the 40-year

period referred to in subparagraph (A), the Secretary of

the Interior shall grant to a utility service provider, without

consideration, such additional easements across lands held

in trust or conveyed in restricted fee status pursuant to

subsection (a) as the Secretary considers necessary to

accommodate the relocation or reconnection of a utility

service existing on the date of enactment of this section.

(2) A

CCESS FOR ENVIRONMENTAL RESPONSE ACTIONS

.—The

lands of Former Fort Wingate Depot Activity held in trust

or conveyed in restricted fee status pursuant to subsection

(a) shall be subject to reserved access by the United States

as the Secretary of the Army and the Secretary of the Interior

determine are reasonably required to permit access to lands

of Former Fort Wingate Depot Activity for administrative and

environmental response purposes. The Secretary of the Army

shall provide to the governments of the Zuni Tribe and the

Navajo Nation written copies of all access reservations under

this subsection.

(3) S

HARED ACCESS

.—

(A) P

ARCEL 1 SHARED CULTURAL AND RELIGIOUS

ACCESS

.—In the case of the lands of Former Fort Wingate

Depot Activity depicted as Parcel 1 on the Map, the lands

shall be held in trust subject to a shared easement for

cultural and religious purposes only. Both the Zuni Tribe

and the Navajo Nation shall have unhindered access to

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130 STAT. 2738 PUBLIC LAW 114–328—DEC. 23, 2016

their respective cultural and religious sites within Parcel

1. Within 1 year after the date of the enactment of this

section, the Zuni Tribe and the Navajo Nation shall

exchange detailed information to document the existence

of cultural and religious sites within Parcel 1 for the pur-

pose of carrying out this subparagraph. The information

shall also be provided to the Secretary of the Interior.

(B) O

THER SHARED ACCESS

.—Subject to the written

consent of both the Zuni Tribe and the Navajo Nation,

the Secretary of the Interior may facilitate shared access

to other lands held in trust or restricted fee status pursuant

to subsection (a), including, but not limited to, religious

and cultural sites.

(4) I–40

FRONTAGE ROAD ENTRANCE

.—The access road for

the Former Fort Wingate Depot Activity, which originates at

the frontage road for Interstate 40 and leads to the parcel

of the Former Fort Wingate Depot Activity depicted as

‘‘administration area’’ on the Map, shall be held in common

by the Zuni Tribe and Navajo Nation to provide for equal

access to Former Fort Wingate Depot Activity.

(5) C

OMPATIBILITY WITH DEFENSE ACTIVITIES

.—The lands

of Former Fort Wingate Depot Activity held in trust or conveyed

in restricted fee status pursuant to subsection (a) shall be

subject to reservations by the United States as the Secretary

of Defense determines are reasonably required to permit access

to lands of the Fort Wingate launch complex for administrative,

test operations, and launch operations purposes. The Secretary

of Defense shall provide the governments of the Zuni Tribe

and the Navajo Nation written copies of all reservations under

this paragraph.

NVIRONMENTAL

EMEDIATION

.—Nothing in this section

shall be construed as alleviating, altering, or affecting the responsi-

bility of the United States for cleanup and remediation of Former

Fort Wingate Depot Activity in accordance with the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980.

(d) P

ROHIBITION ON

AMING

.—Any real property of the Former

Fort Wingate Depot Activity and all other real property subject

to this section shall not be eligible, or used, for any gaming activity

carried out under the Indian Gaming Regulatory Act (25 U.S.C.

2701 et seq.).

Subtitle D—Military Memorials,

Monuments, and Museums

SEC. 2831. CYBER CENTER FOR EDUCATION AND INNOVATION-HOME

OF THE NATIONAL CRYPTOLOGIC MUSEUM.

(a) A

UTHORITY

STABLISH AND

PERATE

ENTER

.—Chapter

449 of title 10, United States Code, is amended by adding at

the end the following new section:

‘‘§ 4781. Cyber Center for Education and Innovation-Home

of the National Cryptologic Museum

‘‘(a) E

STABLISHMENT

.—The Secretary of Defense may establish

at a publicly accessible location at Fort George G. Meade the ‘Cyber

Center for Education and Innovation-Home of the National

Cryptologic Museum’ (in this section referred to as the ‘Center’).

10 USC 4781

note.

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130 STAT. 2739 PUBLIC LAW 114–328—DEC. 23, 2016

The Center may be used for the identification, curation, storage,

and public viewing of materials relating to the activities of the

National Security Agency, its predecessor or successor organiza-

tions, and the history of cryptology. The Center may contain

meeting, conference, and classroom facilities that will be used to

support such education, training, public outreach, and other pur-

poses as the Secretary considers appropriate.

‘‘(b) D

ESIGN

, C

ONSTRUCTION

AND

PERATION

.—The Secretary

may enter into an agreement with the National Cryptologic Museum

Foundation (in this section referred to as the ‘Foundation’), a non-

profit organization, for the design, construction, and operation of

the Center.

‘‘(c) A

CCEPTANCE

UTHORITY

.—

‘‘(1) A

CCEPTANCE OF FACILITY

.—If the Foundation con-

structs the Center pursuant to an agreement with the Founda-

tion under subsection (b), upon satisfactory completion of the

Center’s construction or any phase thereof, as determined by

the Secretary, and upon full satisfaction by the Foundation

of any other obligations pursuant to such agreement, the Sec-

retary may accept the Center (or any phase thereof) from

the Foundation, and all right, title, and interest in the Center

or such phase shall vest in the United States.

‘‘(2) A

CCEPTANCE OF SERVICES

.—Notwithstanding section

1342 of title 31, the Secretary may accept services from the

Foundation in connection with the design, construction, and

operation of the Center. For purposes of this section and any

other provision of law, employees or personnel of the Founda-

tion shall not be considered to be employees of the United

States.

‘‘(d) F

EES AND

SER

HARGES

.—

‘‘(1) A

UTHORITY TO ASSESS FEES AND USER CHARGES

.—The

Secretary may assess fees and user charges sufficient to cover

the cost of the use of Center facilities and property, including

rental, user, conference, and concession fees.

‘‘(2) U

SE OF FUNDS

.—Amounts received by the Secretary

under paragraph (1) shall be deposited into the Fund estab-

lished under subsection (e).

‘‘(e) F

UND

.—

‘‘(1) E

STABLISHMENT

.—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) C

ONTENTS

.—The Fund shall consist of the following

amounts:

‘‘(A) Fees and user charges deposited by the Secretary

under subsection (d).

‘‘(B) Any other amounts received by the Secretary

which are attributable to the operation of the Center.

‘‘(3) U

SE OF FUND

.—Amounts in the Fund shall be available

to the Secretary for the benefit and operation of the Center,

including the costs of operation and the acquisition of books,

manuscripts, works of art, historical artifacts, drawings, plans,

models, and condemned or obsolete combat materiel.

‘‘(4) C

ONTINUING AVAILABILITY OF AMOUNTS

.—Amounts in

the Fund shall be available without fiscal year limitation.’’.

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130 STAT. 2740 PUBLIC LAW 114–328—DEC. 23, 2016

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of such chapter is amended by adding at the end the following

new item:

‘‘4781. Cyber Center for Education and Innovation-Home of the National Cryptologic

Museum.’’.

SEC. 2832. RENAMING SITE OF THE DAYTON AVIATION HERITAGE

NATIONAL HISTORICAL PARK, OHIO.

Section 101(b)(5) of the Dayton Aviation Heritage Preservation

Act of 1992 (16 U.S.C. 410ww(b)(5)) is amended by striking ‘‘Avia-

tion Center’’ and inserting ‘‘National Museum’’.

SEC. 2833. WOMEN’S MILITARY SERVICE MEMORIALS AND MUSEUMS.

(a) A

UTHORIZATION

.—The Secretary of Defense may provide

not more than $5,000,000 in financial support for the acquisition,

installation, and maintenance of exhibits, facilities, historical dis-

plays, and programs at military service memorials and museums

that highlight the role of women in the military. The Secretary

may enter into a contract with a nonprofit organization for the

purpose of performing such acquisition, installation, and mainte-

nance.

(b) O

FFSET

.—Of the funds authorized to be appropriated by

section 301 for operation and maintenance, Army, and available

for the National Museum of the United States Army, not more

than $5,000,000 shall be provided, at the discretion of the Secretary

of Defense, to carry out activities under subsection (a).

SEC. 2834. PETERSBURG NATIONAL BATTLEFIELD BOUNDARY MODI-

FICATION.

(a) I

ENERAL

.—The boundary of the Petersburg National

Battlefield is modified to include the land and interests in land

as generally depicted on the map titled ‘‘Petersburg National Battle-

field Proposed Boundary Expansion’’, numbered 325/80,080, and

dated June 2007/March 2016. The map shall be on file and available

for public inspection in the appropriate offices of the National

Park Service.

(b) A

CQUISITION OF

ROPERTIES

.—

(1) A

UTHORITY

.—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) T

ECHNICAL CORRECTION

.—Section 313(a) of the National

Parks and Recreation Act of 1978 (Public Law 95–625; 92

Stat. 3479) is amended by striking ‘‘twenty-one’’ and inserting

‘‘23’’.

DMINISTRATION

.—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) A

DMINISTRATIVE

URISDICTION

RANSFER

.—

(1) I

N GENERAL

.—There is transferred—

(A) from the Secretary to the Secretary of the Army

administrative jurisdiction over the approximately 1.170-

acre parcel of land depicted as ‘‘Area to be transferred

to Fort Lee Military Reservation’’ on the map described

in paragraph (2); and

16 USC 423a–3.

10 USC 113 note.

10 USC

prec. 4771.

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130 STAT. 2741 PUBLIC LAW 114–328—DEC. 23, 2016

(B) from the Secretary of the Army to the Secretary

administrative jurisdiction over the approximately 1.171-

acre parcel of land depicted as ‘‘Area to be transferred

to Petersburg National Battlefield’’ on the map described

in paragraph (2).

(2) M

.—The parcels of land described in paragraph (1)

are depicted on the map titled ‘‘Petersburg National Battlefield

Proposed Transfer of Administrative Jurisdiction’’, numbered

325/80,801A, dated May 2011/March 2016. The map shall be

on file and available for public inspection in the appropriate

offices of the National Park Service.

(3) C

ONDITIONS OF TRANSFER

.—The transfer of administra-

tive jurisdiction under paragraph (1) is subject to the following

conditions:

(A) N

O REIMBURSEMENT OR CONSIDERATION

.—The

transfer shall be without reimbursement or consideration.

(B) M

ANAGEMENT

.—

(i) L

AND TRANSFERRED TO THE SECRETARY OF THE

ARMY

.—The land transferred to the Secretary of the

Army under paragraph (1)(A) shall be excluded from

the boundary of the Petersburg National Battlefield.

(ii) L

AND TRANSFERRED TO THE SECRETARY

.—The

land transferred to the Secretary under paragraph

(1)(B)—

(I) shall be included within the boundary of

the Petersburg National Battlefield; and

(II) shall be administered as part of Petersburg

National Battlefield in accordance with applicable

laws and regulations.

Subtitle E—Designations and Other

Matters

SEC. 2841. DESIGNATION OF PORTION OF MOFFETT FEDERAL AIR-

FIELD, CALIFORNIA, AS MOFFETT AIR NATIONAL GUARD

BASE.

(a) D

ESIGNATION

.—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) R

EFERENCES

.—Any reference in any law, regulation, map,

document, paper, or other record of the United States to the canton-

ment area at Moffett Federal Airfield described in subsection (a)

shall be considered to be a reference to Moffett Air National Guard

Base.

SEC. 2842. REDESIGNATION OF MIKE O’CALLAGHAN FEDERAL MED-

ICAL CENTER.

Section 2867 of the Military Construction Authorization Act

for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat.

2806), as amended by section 8135(a) of the Department of Defense

Appropriations Act, 1997 (section 101(b) of division A of the Omni-

bus Consolidated Appropriations Act, 1997 (Public Law 104–208;

110 Stat. 3009–118)), and as amended by section 2862 of the Mili-

tary Construction Authorization Act for Fiscal Year 2012 (division

B of Public Law 112–81; 125 Stat. 1701), is further amended—

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130 STAT. 2742 PUBLIC LAW 114–328—DEC. 23, 2016

(1) by striking ‘‘Mike O’Callaghan Federal Medical Center’’

each place it appears and inserting ‘‘Mike O’Callaghan Military

Medical Center’’; and

(2) in the heading, by striking ‘‘

MIKE O

’

CALLAGHAN

’’ and

all that follows and inserting ‘‘

MIKE O

’

CALLAGHAN MILITARY

MEDICAL CENTER

.’’.

SEC. 2843. REPLENISHMENT OF SIERRA VISTA SUBWATERSHED

REGIONAL AQUIFER, ARIZONA.

The Secretary of the Army or the Secretary of the Interior

may enter into agreements with the Cochise Conservation Recharge

Network, Arizona, in support of water conservation, recharge, and

reuse efforts for the regional aquifer identified under section 321(g)

of the National Defense Authorization Act for Fiscal Year 2004

(Public Law 108–136; 117 Stat. 1439).

SEC. 2844. LIMITED EXCEPTIONS TO RESTRICTION ON DEVELOPMENT

OF PUBLIC INFRASTRUCTURE IN CONNECTION WITH

REALIGNMENT OF MARINE CORPS FORCES IN ASIA-

PACIFIC REGION.

(a) R

EVISION

.—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) P

ROJECTS

ESCRIBED

.—A project described in this sub-

section is any of the following:

(1) A project intended to improve water and wastewater

systems.

(2) A project intended to improve curation of archeological

and cultural artifacts.

EPEAL OF

UPERSEDED

.—Section 2821 of the Military

Construction Authorization Act for Fiscal Year 2016 (division B

of Public Law 114–92; 129 Stat. 1177) is repealed.

SEC. 2845. DURATION OF WITHDRAWAL AND RESERVATION OF PUBLIC

LAND, NAVAL AIR WEAPONS STATION CHINA LAKE, CALI-

FORNIA.

Section 2979 of the Military Construction Authorization Act

for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat.

1047) is amended by striking ‘‘March 31, 2039’’ and inserting ‘‘March

31, 2064’’.

TITLE XXIX—OVERSEAS CONTINGENCY

OPERATIONS MILITARY CONSTRUC-

TION

Sec. 2901. Authorized Navy construction and land acquisition projects.

Sec. 2902. Authorized Air Force construction and land acquisition projects.

Sec. 2903. Authorization of appropriations.

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130 STAT. 2743 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-

TION PROJECTS.

The Secretary of the Navy may acquire real property and

carry out the military construction projects for the installations

outside the United States, and in the amounts, set forth in the

following table:

Navy: Outside the United States

Country Installation Amount

Djibouti .................. Camp Lemonier ............................. $37,409,000

Iceland ................... Keflavik .......................................... $19,600,000

SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND

ACQUISITION PROJECTS.

The Secretary of the Air Force may acquire real property and

carry out the military construction projects for the installations

outside the United States, and in the amounts, set forth in the

following table:

Air Force: Outside the United States

Country Installation Amount

Bulgaria ................. Graf Ignatievo ................................ $13,400,000

Djibouti .................. Chabelley Airfield .......................... $10,500,000

Estonia ................... Amari Air Base .............................. $6,500,000

Germany ................ Spangdahlem Air Base .................. $18,700,000

Lithuania ............... Siauliai ........................................... $3,000,000

Poland .................... Powidz Air Base ............................. $4,100,000

Lask Air Base ................................ $4,100,000

Romania ................. Campia Turzii ................................ $18,500,000

SEC. 2903. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2016, for the military construction

projects outside the United States authorized by this title as speci-

fied in the funding table in section 4602 and 4603.

TITLE XXX—UTAH TEST AND TRAINING

RANGE AND RELATED MATTERS

Subtitle A—Authorization for Temporary Closure of Certain Public Land Adjacent

to the Utah Test and Training Range

Sec. 3001. Definitions.

Sec. 3002. Memorandum of agreement.

Sec. 3003. Temporary closures.

Sec. 3004. Liability.

Sec. 3005. Community resource advisory group.

Sec. 3006. Savings clauses.

Subtitle B—Bureau of Land Management Land Exchange With State of Utah

Sec. 3011. Definitions.

Sec. 3012. Exchange of Federal land and non-Federal land.

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130 STAT. 2744 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 3013. Status and management of non-Federal land acquired by the United

States.

Sec. 3014. Hazardous substances.

Subtitle A—Authorization for Temporary

Closure of Certain Public Land Adjacent

to the Utah Test and Training Range

SEC. 3001. DEFINITIONS.

In this subtitle:

(1) BLM

LAND

.—The term ‘‘BLM land’’ means certain public

land administered by the Bureau of Land Management in the

State comprising approximately 703,621 acres, as generally

depicted on the map entitled ‘‘Utah Test and Training Range

Enhancement/West Desert Land Exchange’’ and dated July 21,

2016.

(2) S

ECRETARY

.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(3) S

TATE

.—The term ‘‘State’’ means the State of Utah.

(4) U

TAH TEST AND TRAINING RANGE

.—The term ‘‘Utah Test

and Training Range’’ means the portions of the military land

and airspace operating area of the Utah Test and Training

Area that are located in the State, including the Dugway

Proving Ground.

SEC. 3002. MEMORANDUM OF AGREEMENT.

(a) M

EMORANDUM OF

GREEMENT

.—

(1) I

N GENERAL

.—Not later than 1 year after the date

of enactment of this Act, the Secretary and the Secretary of

the Air Force shall enter into a memorandum of agreement

to authorize the Secretary of the Air Force, in consultation

with the Secretary, to impose limited closures of the BLM

land for military operations and national security and public

safety purposes, as provided in this subtitle.

(2) D

RAFT

.—

(A) I

N GENERAL

.—Not later than 180 days after the

date of enactment of this Act, the Secretary and the Sec-

retary of the Air Force shall complete a draft of the memo-

randum of agreement required under paragraph (1).

(B) P

UBLIC COMMENT PERIOD

.—During the 30-day

period beginning on the date on which the draft memo-

randum of agreement is completed under subparagraph

(A), there shall be an opportunity for public comment on

the draft memorandum of agreement, including an oppor-

tunity for the Utah Test and Training Range Community

Resource Advisory Group established under section 3005

to provide comments on the draft memorandum of agree-

ment.

(3) M

ANAGEMENT BY SECRETARY

.—The memorandum of

agreement entered into under paragraph (1) shall provide that

the Secretary shall continue to manage the BLM land in accord-

ance with the Federal Land Policy and Management Act of

1976 (43 U.S.C. 1701 et seq.) and applicable land use plans,

while allowing for the temporary closure of the BLM land

in accordance with this subtitle.

(4) P

ERMITS AND RIGHTS

WAY

.—

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130 STAT. 2745 PUBLIC LAW 114–328—DEC. 23, 2016

(A) I

N GENERAL

.—The Secretary shall consult with the

Secretary of the Air Force regarding Utah Test and

Training Range mission requirements before issuing new

use permits or rights-of-way on the BLM land.

(B) F

RAMEWORK

.—The Secretary and the Secretary of

the Air Force shall establish within the memorandum of

agreement entered into under paragraph (1) a framework

agreed to by the Secretary and the Secretary of the Air

Force for resolving any disagreement on the issuance of

permits or rights-of-way on the BLM land.

(5) T

ERMINATION

.—

(A) I

N GENERAL

.—The memorandum of agreement

entered into under paragraph (1) shall be for a term to

be determined by the Secretary and the Secretary of the

Air Force, not to exceed 25 years.

(B) E

ARLY TERMINATION

.—The memorandum of agree-

ment may be terminated before the date determined under

subparagraph (A) if the Secretary of the Air Force deter-

mines that the temporary closure of the BLM land is no

longer necessary to fulfill Utah Test and Training Range

mission requirements.

(b) M

.—The Secretary may correct any minor errors in the

map described in section 3001(1).

AND

AFETY

.—If decontamination of the BLM land is nec-

essary due to an action of the Air Force, the Secretary of the

Air Force shall—

(1) render the BLM land safe for public use; and

(2) appropriately communicate the safety of the land to

the Secretary on the date on which the BLM land is rendered

safe for public use under paragraph (1).

(d) C

ONSULTATION

.—The Secretary shall consult with any feder-

ally recognized Indian tribe in the vicinity of the BLM land before

entering into any agreement under this subtitle.

(e) G

RAZING

.—

(1) E

FFECT

.—Nothing in this subtitle affects the manage-

ment of grazing on the BLM land.

(2) C

ONTINUATION OF GRAZING MANAGEMENT

.—The Sec-

retary shall continue grazing management on the BLM land

pursuant to the Federal Land Policy and Management Act

of 1976 (43 U.S.C. 1701 et seq.) and applicable resource

management plans.

(f) M

EMORANDUM OF

NDERSTANDING ON

MERGENCY

CCESS

AND

ESPONSE

.—Nothing in this section precludes the continuation

of the memorandum of understanding between the Department

of the Interior and the Department of the Air Force with respect

to emergency access and response, as in existence on the date

of enactment of this Act.

(g) W

ITHDRAWAL

.—Subject to valid existing rights, the BLM

land is withdrawn from all forms of appropriation under the public

land laws, including the mining laws, the mineral leasing laws,

and the geothermal leasing laws.

SEC. 3003. TEMPORARY CLOSURES.

(a) I

ENERAL

.—If the Secretary of the Air Force determines

that military operations (including operations relating to the fulfill-

ment of the mission of the Utah Test and Training Range), public

safety, or national security require the temporary closure to public

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130 STAT. 2746 PUBLIC LAW 114–328—DEC. 23, 2016

use of any road, trail, or other portion of the BLM land, the

Secretary of the Air Force may take such action as the Secretary

of the Air Force, in consultation with the Secretary, determines

necessary to carry out the temporary closure.

(b) L

IMITATIONS

.—Any temporary closure under subsection (a)—

(1) shall be limited to the minimum areas and periods

that the Secretary of the Air Force determines are required

to carry out a closure under this section;

(2) shall not occur on a State or Federal holiday, unless

notice is provided in accordance with subsection (c)(1)(B);

(3) shall not occur on a Friday, Saturday, or Sunday, unless

notice is provided in accordance with subsection (c)(1)(B); and

(4)(A) if practicable, shall be for not longer than a 3-

hour period per day;

(B) shall only be for longer than a 3-hour period per

day—

(i) for mission essential reasons; and

(ii) as infrequently as practicable and in no case

for more than 10 days per year; and

per day.

OTICE

.—

(1) I

N GENERAL

.—Except as provided in paragraph (2), the

Secretary of the Air Force shall—

(A) keep appropriate warning notices posted before

and during any temporary closure; and

(B) provide notice to the Secretary, public, and relevant

stakeholders concerning the temporary closure—

(i) at least 30 days before the date on which the

temporary closure goes into effect;

(ii) in the case of a closure during the period begin-

ning on March 1 and ending on May 31, at least

60 days before the date on which the closure goes

into effect; or

(iii) in the case of a closure described in paragraph

(3) or (4) of subsection (b), at least 90 days before

the date on which the closure goes into effect.

(2) S

PECIAL 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) M

AXIMUM

NNUAL

LOSURES

.—The total cumulative hours

of temporary closures authorized under this section with respect

to the BLM land shall not exceed 100 hours annually.

(e) P

ROHIBITION ON

ERTAIN

EMPORARY

LOSURES

.—The

northernmost area identified as ‘‘Newfoundland’s’’ on the map

described in section 3001(1) shall not be subject to any temporary

closure between August 21 and February 28, in accordance with

the lawful hunting seasons of the State of Utah.

(f) E

MERGENCY

ROUND

ESPONSE

.—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) L

IVESTOCK

.—Livestock authorized by a Federal grazing

permit shall be allowed to remain on the BLM land during a

temporary closure of the BLM land under this section.

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130 STAT. 2747 PUBLIC LAW 114–328—DEC. 23, 2016

(h) L

NFORCEMENT AND

ECURITY

.—The Secretary and the

Secretary of the Air Force may enter into cooperative agreements

with State and local law enforcement officials with respect to lawful

procedures and protocols to be used in promoting public safety

and operation security on or near the BLM land during noticed

test and training periods.

SEC. 3004. LIABILITY.

The United States (including all departments, agencies, officers,

and employees of the United States) shall be held harmless and

shall not be liable for any injury or damage to any individual

or property suffered in the course of any mining, mineral, or geo-

thermal activity, or any other authorized nondefense-related

activity, conducted on the BLM land.

SEC. 3005. COMMUNITY RESOURCE ADVISORY GROUP.

(a) E

STABLISHMENT

.—Not later than 90 days after the date

of enactment of this Act, there shall be established the Utah Test

and Training Range Community Resource Advisory Group (referred

to in this section as the ‘‘Community Group’’) to provide regular

and continuing input to the Secretary and the Secretary of the

Air Force on matters involving public access to, use of, and overall

management of the BLM land.

(b) M

EMBERSHIP

.—

(1) I

N GENERAL

.—The Secretary shall appoint members

to the Community Group, including—

(A) 1 representative of Indian tribes in the vicinity

of the BLM land, to be nominated by a majority vote

conducted among the Indian tribes in the vicinity of the

BLM land;

(B) not more than 1 county commissioner from each

of Box Elder, Tooele, and Juab Counties, Utah;

hunting, or other recreational users of the BLM land;

(D) 2 representatives of livestock permittees on public

land located within the BLM land;

(E) 1 representative of the Utah Department of Agri-

culture and Food; and

(F) not more than 3 representatives of State or Federal

offices or agencies, or private groups or individuals, if the

Secretary determines that such representatives would fur-

ther the goals and objectives of the Community Group.

(2) C

HAIRPERSON

.—The members described in paragraph

(1) shall elect from among the members of the Community

Group—

(A) 1 member to serve as Chairperson of the Commu-

nity Group; and

(B) 1 member to serve as Vice-Chairperson of the

Community Group.

(3) A

IR FORCE PERSONNEL

.—The Secretary of the Air Force

shall appoint appropriate operational and land management

personnel of the Air Force to serve as a liaison to the Commu-

nity Group.

ONDITIONS AND

ERMS OF

PPOINTMENT

.—

(1) I

N GENERAL

.—Each member of the Community Group

shall serve voluntarily and without compensation.

(2) T

ERM OF APPOINTMENT

.—

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130 STAT. 2748 PUBLIC LAW 114–328—DEC. 23, 2016

(A) I

N GENERAL

.—Each member of the Community

Group shall be appointed for a term of 4 years.

(B) O

RIGINAL MEMBERS

.—Notwithstanding subpara-

graph (A), the Secretary shall select

⁄

of the original

members of the Community Group to serve for a term

of 4 years and the other

⁄

of the original members of

the Community Group to serve for a term of 2 years,

to ensure the replacement of members shall be staggered

from year to year.

EAPPOINTMENT AND REPLACEMENT

.—The Sec-

retary may reappoint or replace a member of the Commu-

nity Group appointed under subsection (b)(1), if—

(i) the term of the member has expired;

(ii) the member has resigned; or

(iii) the position held by the member described

in subparagraph (A) through (F) of paragraph (1) has

changed to the extent that the ability of the member

to represent the group or entity that the member rep-

resents has been significantly affected.

(d) M

EETINGS

.—

(1) I

N GENERAL

.—The Community Group shall meet not

less than once per year, and at such other frequencies as

determined by 5 or more of the members of the Community

Group.

(2) R

ESPONSIBILITIES OF COMMUNITY GROUP

.—The Commu-

nity Group shall be responsible for determining appropriate

schedules for, details of, and actions for meetings of the Commu-

nity Group.

(3) N

OTICE

.—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) E

XEMPT 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) R

ECOMMENDATIONS OF

OMMUNITY

ROUP

.—The Secretary

and Secretary of the Air Force, consistent with existing laws

(including regulations), shall take under consideration recommenda-

tions from the Community Group.

(f) T

ERMINATION OF

UTHORITY

.—

(1) I

N GENERAL

.—The Community Group shall terminate

on the date that is seven years after the date of enactment

of this Act.

(2) E

ARLY TERMINATION

.—The Secretary and the Commu-

nity Group, acting jointly, may elect to terminate the Commu-

nity Group before the date provided in subsection (a).

SEC. 3006. SAVINGS CLAUSES.

(a) E

FFECT ON

EAPON

MPACT

REA

.—Nothing in this subtitle

expands the boundaries of the weapon impact area of the Utah

Test and Training Range.

(b) E

FFECT ON

PECIAL

IRSPACE AND

RAINING

OUTES

.—

Nothing in this subtitle precludes—

(1) the designation of new units of special use airspace;

(2) the expansion of existing units of special use airspace.

FFECT ON

XISTING

ILITARY

PECIAL

IRSPACE

GREEMENT

.—Nothing in this subtitle limits or alters the Military

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130 STAT. 2749 PUBLIC LAW 114–328—DEC. 23, 2016

Operating Areas of Airspace Use Agreement between the Federal

Aviation Administration and the Air Force in effect on the date

of enactment of this Act.

(d) E

FFECT ON

XISTING

IGHTS AND

GREEMENTS

.—Except

as otherwise provided in section 3003, nothing in this subtitle

limits or alters any existing right or right of access to—

(1) the Knolls Special Recreation Management Area; or

(2)(A) the Bureau of Land Management Community Pits

Central Grayback and South Grayback; and

(B) any other county or community pit located within close

proximity to the BLM land.

(e) I

NTERSTATE

80.—Nothing in this subtitle authorizes any

additional authority or right to the Secretary or the Secretary

of the Air Force to temporarily close Interstate 80.

(f) E

FFECT ON

IMITATION ON

MENDMENTS TO

ERTAIN

NDI

VIDUAL

ESOURCE

ANAGEMENT

LANS

.—Nothing in this subtitle

affects the limitation established under section 2815(d) of the

National Defense Authorization Act for Fiscal Year 2000 (Public

Law 106–65; 113 Stat. 852).

(g) E

FFECT ON

REVIOUS

EMORANDUM OF

NDERSTANDING

.—

Nothing in this subtitle affects the memorandum of understanding

entered into by the Air Force, the Bureau of Land Management,

the Utah Department of Natural Resources, and the Utah Division

of Wildlife Resources relating to the reestablishment of bighorn

sheep in the Newfoundland Mountains and signed by the parties

to the memorandum of understanding during the period beginning

on January 24, 2000, and ending on February 4, 2000.

(h) E

FFECT ON

EDERALLY

ECOGNIZED

NDIAN

RIBES

.—

Nothing in this subtitle alters any right reserved by treaty or

Federal law for a Federally recognized Indian tribe for tribal use.

(i) P

AYMENTS IN

IEU OF

AXES

.—Nothing in this subtitle

diminishes, enhances, or otherwise affects any other right or entitle-

ment of the counties in which the BLM land is situated to payments

in lieu of taxes based on the BLM land, under section 6901 of

title 31, United States Code.

(j) W

ILDLIFE

MPROVEMENTS

.—The Secretary and the Utah Divi-

sion of Wildlife Resources shall continue the management of wildlife

improvements, including guzzlers, in existence as of the date of

enactment of this Act on the BLM land.

Subtitle B—Bureau of Land Management

Land Exchange With State of Utah

SEC. 3011. DEFINITIONS.

In this subtitle:

(1) E

XCHANGE MAP

.—The term ‘‘Exchange Map’’ means the

map prepared by the Bureau of Land Management entitled

‘‘Utah Test and Training Range Enhancement/West Desert

Land Exchange’’ and dated Jule 21, 2016.

(2) F

EDERAL LAND

.—The term ‘‘Federal land’’ means the

Bureau of Land Management land located in Box Elder, Mil-

lard, Juab, Tooele, and Beaver Counties, Utah, that is identified

on the Exchange Map as ‘‘BLM Lands Proposed for Transfer

to State Trust Lands’’.

(3) N

FEDERAL LAND

.—The term ‘‘non-Federal land’’

means the land owned by the State in Box Elder, Tooele,

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130 STAT. 2750 PUBLIC LAW 114–328—DEC. 23, 2016

and Juab Counties, Utah, that is identified on the Exchange

Map as—

(A) ‘‘State Trust Land Proposed for Transfer to BLM’’;

and

(B) ‘‘State Trust Minerals Proposed for Transfer to

BLM’’.

(4) S

ECRETARY

.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(5) S

TATE

.—The term ‘‘State’’ means the State of Utah,

acting through the School and Institutional Trust Lands

Administration.

SEC. 3012. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.

(a) I

ENERAL

.—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) A

PPLICABLE

.—

(1) I

N GENERAL

.—The land exchange shall be subject to

section 206 of the Federal Land Policy and Management Act

of 1976 (43 U.S.C. 1716) and other applicable law.

(2) E

FFECT OF STUDY

.—The Secretary shall carry out the

land exchange under this subtitle notwithstanding section

2815(d) of the National Defense Authorization Act for Fiscal

Year 2000 (Public Law 106–65; 113 Stat. 852).

(3) L

AND USE PLANNING

.—The Secretary shall not be

required to undertake any additional land use planning under

section 202 of the Federal Land Policy and Management Act

of 1976 (43 U.S.C. 1712) before the conveyance of the Federal

land under this subtitle.

ALID

XISTING

IGHTS

.—The exchange authorized under

subsection (a) shall be subject to valid existing rights.

(d) T

ITLE

PPROVAL

.—Title to the Federal land and non-Federal

land to be exchanged under this subtitle shall be in a format

acceptable to the Secretary and the State.

(e) A

PPRAISALS

.—

(1) I

N GENERAL

.—The value of the Federal land and the

non-Federal land to be exchanged under this subtitle shall

be determined by appraisals conducted by 1 or more inde-

pendent and qualified appraisers.

(2) S

TATE APPRAISER

.—The Secretary and the State may

agree to use an independent and qualified appraiser retained

by the State, with the consent of the Secretary.

(3) A

PPLICABLE LAW

.—The appraisals under paragraph (1)

shall be conducted in accordance with nationally recognized

appraisal standards, including, as appropriate, the Uniform

Appraisal Standards for Federal Land Acquisitions and the

Uniform Standards of Professional Appraisal Practice.

(4) M

INERALS

.—

(A) M

INERAL REPORTS

.—The appraisals under para-

graph (1) may take into account mineral and technical

reports provided by the Secretary and the State in the

evaluation of minerals in the Federal land and non-Federal

land.

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130 STAT. 2751 PUBLIC LAW 114–328—DEC. 23, 2016

(B) M

INING CLAIMS

.—Federal land that is encumbered

by a mining or millsite claim located under sections 2318

through 2352 of the Revised Statutes (commonly known

as the ‘‘Mining Law of 1872’’) (30 U.S.C. 21 et seq.) shall

be appraised in accordance with standard appraisal prac-

tices, including, as appropriate, the Uniform Appraisal

Standards for Federal Land Acquisition.

ALIDITY EXAMINATION

.—Nothing in this subtitle

requires the Secretary to conduct a mineral examination

for any mining claim on the Federal land.

(5) A

PPROVAL

.—An appraisal conducted under paragraph

(1) shall be submitted to the Secretary and the State for

approval.

(6) D

URATION

.—An appraisal conducted under paragraph

(1) shall remain valid for 3 years after the date on which

the appraisal is approved by the Secretary and the State.

(7) C

OST OF APPRAISAL

.—

(A) I

N GENERAL

.—The cost of an appraisal conducted

under paragraph (1) shall be paid equally by the Secretary

and the State.

(B) R

EIMBURSEMENT BY SECRETARY

.—If the State

retains an appraiser in accordance with paragraph (2),

the Secretary shall reimburse the State in an amount

equal to 50 percent of the costs incurred by the State.

(f) C

ONVEYANCE OF

ITLE

.—It is the intent of Congress that

the land exchange authorized under this subtitle shall be completed

not later than 1 year after the date of final approval by the Sec-

retary and the State of the appraisals conducted under subsection

(e).

(g) P

UBLIC

NSPECTION AND

OTICE

.—

(1) P

UBLIC INSPECTION

.—At least 30 days before the date

of conveyance of the Federal land and non-Federal land, all

final appraisals and appraisal reviews for the Federal land

and non-Federal land to be exchanged under this subtitle shall

be available for public review at the office of the State Director

of the Bureau of Land Management in the State.

(2) N

OTICE

.—The Secretary or the State, as applicable,

shall publish in a newspaper of general circulation in Salt

Lake County, Utah, a notice that the appraisals conducted

under subsection (e) are available for public inspection.

(h) C

ONSULTATION

ITH

NDIAN

RIBES

.—The Secretary shall

consult with any federally recognized Indian tribe in the vicinity

of the Federal land and non-Federal land to be exchanged under

this subtitle before the completion of the land exchange.

(i) E

QUAL

ALUE

XCHANGE

.—

(1) I

N GENERAL

.—The value of the Federal land and non-

Federal land to be exchanged under this subtitle—

(A) shall be equal; or

(B) shall be made equal in accordance with paragraph

(2).

(2) E

QUALIZATION

.—

(A) S

URPLUS OF FEDERAL LAND

.—

(i) I

N GENERAL

.—If the value of the Federal land

exceeds the value of the non-Federal land, the value

of the Federal land and non-Federal land shall be

equalized by the State conveying to the Secretary, as

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130 STAT. 2752 PUBLIC LAW 114–328—DEC. 23, 2016

necessary to equalize the value of the Federal land

and non-Federal land—

(I) State trust land parcel 1, as described in

the assessment entitled ‘‘Bureau of Land Manage-

ment Environmental Assessment UT–100–06–EA’’,

numbered UTU–82090, and dated March 2008; or

(II) State trust land located within any of the

wilderness areas or national conservation areas

in Washington County, Utah, established under

subtitle O of title I of the Omnibus Public Land

Management Act of 2009 (Public Law 111–11; 123

Stat. 1075).

(ii) O

RDER OF CONVEYANCES

.—Any non-Federal

land required to be conveyed to the Secretary under

clause (i) shall be conveyed until the value of the

Federal land and non-Federal land is equalized.

(B) S

URPLUS OF NON

FEDERAL LAND

.—If the value of

the non-Federal land exceeds the value of the Federal

land, the value of the Federal land and the non-Federal

land shall be equalized—

(i) by the Secretary making a cash equalization

payment to the State, in accordance with section 206(b)

of the Federal Land Policy and Management Act of

1976 (43 U.S.C. 1716(b)); or

(ii) by removing non-Federal land from the

exchange.

(j) G

RAZING

ERMITS

.—

(1) I

N GENERAL

.—If the Federal land or non-Federal land

exchanged under this subtitle is subject to a lease, permit,

or contract for the grazing of domestic livestock in effect on

the date of acquisition, the Secretary and the State shall allow

the grazing to continue for the remainder of the term of the

lease, permit, or contract, subject to the related terms and

conditions of user agreements, including permitted stocking

rates, grazing fee levels, access rights, and ownership and

use of range improvements.

(2) R

ENEWAL

.—To the extent allowed by Federal or State

law, on expiration of any grazing lease, permit, or contract

described in paragraph (1), the holder of the lease, permit,

or contract shall be entitled to a preference right to renew

the lease, permit, or contract.

(3) C

ANCELLATION

.—

(A) I

N GENERAL

.—Nothing in this subtitle prevents

the Secretary or the State from canceling or modifying

a grazing permit, lease, or contract if the Federal land

or non-Federal land subject to the permit, lease, or contract

is sold, conveyed, transferred, or leased for non-grazing

purposes by the Secretary or the State.

(B) L

IMITATION

.—Except to the extent reasonably nec-

essary to accommodate surface operations in support of

mineral development, the Secretary or the State shall not

cancel or modify a grazing permit, lease, or contract

because the land subject to the permit, lease, or contract

has been leased for mineral development.

(4) B

ASE PROPERTIES

.—If non-Federal land conveyed by

the State under this subtitle is used by a grazing permittee

or lessee to meet the base property requirements for a Federal

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130 STAT. 2753 PUBLIC LAW 114–328—DEC. 23, 2016

grazing permit or lease, the land shall continue to qualify

as a base property for—

(A) the remaining term of the lease or permit; and

(B) the term of any renewal or extension of the lease

or permit.

(k) W

ITHDRAWAL OF

EDERAL

AND

ROM

INERAL

NTRY

RIOR

XCHANGE

.—Subject to valid existing rights, the Federal

land to be conveyed to the State under this subtitle is withdrawn

from mineral location, entry, and patent under the mining laws

pending conveyance of the Federal land to the State.

SEC. 3013. STATUS AND MANAGEMENT OF NON-FEDERAL LAND

ACQUIRED BY THE UNITED STATES.

(a) I

ENERAL

.—On conveyance to the United States under

this subtitle, the non-Federal land shall be managed by the Sec-

retary in accordance with the Federal Land Policy and Management

Act of 1976 (43 U.S.C. 1701 et seq.) and applicable land use plans.

(b) N

FEDERAL

AND

ITHIN

EDAR

OUNTAINS

ILDER

NESS

.—On conveyance to the Secretary under this subtitle, the

non-Federal land located within the Cedar Mountains Wilderness

shall, in accordance with section 206(c) of the Federal Land Policy

Act of 1976 (43 U.S.C. 1716(c)), be added to, and administered

as part of, the Cedar Mountains Wilderness.

FEDERAL

AND

ITHIN

ILDERNESS

REAS OR

ATIONAL

ONSERVATION

REAS

.—On conveyance to the Secretary

under this subtitle, non-Federal land located in a national wilder-

ness area or national conservation area shall be managed in accord-

ance with the applicable provisions of subtitle O of title I of the

Omnibus Public Land Management Act of 2009 (Public Law 111–

11).

SEC. 3014. HAZARDOUS SUBSTANCES.

(a) C

OSTS

.—Except as provided in subsection (b), the costs

of remedial actions relating to hazardous substances on land

acquired under this subtitle shall be paid by those entities respon-

sible for the costs under applicable law.

(b) R

EMEDIATION OF

RIOR

ESTING AND

RAINING

CTIVITY

.—

The Secretary of the Air Force shall bear all costs of remediation

required as a result of the previous testing of military weapons

systems and the training of military forces on non-Federal land

to be conveyed to the United States under this subtitle.

DIVISION C—DEPARTMENT OF ENERGY

NATIONAL SECURITY AUTHORIZA-

TIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY

NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

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130 STAT. 2754 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Independent acquisition project reviews of capital assets acquisition

projects.

Sec. 3112. Protection of certain nuclear facilities and assets from unmanned air-

craft.

Sec. 3113. Common financial reporting system for the nuclear security enterprise.

Sec. 3114. Rough estimate of total life cycle cost of tank waste cleanup at Hanford

Nuclear Reservation.

Sec. 3115. Annual certification of shipments to Waste Isolation Pilot Plant.

Sec. 3116. Disposition of weapons-usable plutonium.

Sec. 3117. Design basis threat.

Sec. 3118. Industry best practices in operations at National Nuclear Security Ad-

ministration facilities and sites.

Sec. 3119. Pilot program on unavailability for overhead costs of amounts specified

for laboratory-directed research and development.

Sec. 3120. Research and development of advanced naval nuclear fuel system based

on low-enriched uranium.

Sec. 3121. Increase in certain limitations applicable to funds for conceptual and

construction design of the Department of Energy.

Sec. 3122. Prohibition on availability of funds for programs in Russian Federation.

Sec. 3123. Limitation on availability of funds for Federal salaries and expenses.

Sec. 3124. Limitation on availability of funds for defense environmental cleanup

program direction.

Sec. 3125. Limitation on availability of funds for acceleration of nuclear weapons

dismantlement.

Subtitle C—Plans and Reports

Sec. 3131. Independent assessment of technology development under defense envi-

ronmental cleanup program.

Sec. 3132. Updated plan for verification and monitoring of proliferation of nuclear

weapons and fissile material.

Sec. 3133. Report on the use of highly-enriched uranium for naval reactors.

Sec. 3134. Analysis of approaches for supplemental treatment of low-activity waste

at Hanford Nuclear Reservation.

Sec. 3135. Clarification of annual report and certification on status of security of

atomic energy defense facilities.

Sec. 3136. Report on service support contracts and authority for appointment of

certain personnel.

Sec. 3137. Elimination of certain reporting requirements.

Sec. 3138. Report on United States nuclear deterrence.

Subtitle A—National Security Programs

and Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—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) A

UTHORIZATION OF

LANT

ROJECTS

.—From funds

referred to in subsection (a) that are available for carrying out

plant projects, the Secretary of Energy may carry out new plant

projects for the National Nuclear Security Administration as follows:

Project 17–D–630, Expand Electrical Distribution System,

Lawrence Livermore National Laboratory, Livermore, Cali-

fornia, $25,000,000.

Project 17–D–640, U1a Complex Enhancements Project,

Nevada National Security Site, Mercury, Nevada, $11,500,000.

Project 17–D–911, BL Fire System Upgrade, Bettis Atomic

Power Laboratory, West Mifflin, Pennsylvania, $1,400,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated to the Department of Energy for

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130 STAT. 2755 PUBLIC LAW 114–328—DEC. 23, 2016

fiscal year 2017 for defense environmental cleanup activities in

carrying out programs as specified in the funding table in section

4701.

(b) A

UTHORIZATION OF

LANT

ROJECTS

.—From funds

referred to in subsection (a) that are available for carrying out

plant projects, the Secretary of Energy may carry out, for defense

environmental cleanup activities, the following new plant project:

Project 17–D–401, Saltstone Disposal Unit #7, Savannah

River Site, Aiken, South Carolina, $9,729,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the Depart-

ment of Energy for fiscal year 2017 for other defense activities

in carrying out programs as specified in the funding table in section

4701.

SEC. 3104. NUCLEAR ENERGY.

Funds are hereby authorized to be appropriated to the Depart-

ment of Energy for fiscal year 2017 for nuclear energy as specified

in the funding table in section 4701.

Subtitle B—Program Authorizations,

Restrictions, and Limitations

SEC. 3111. INDEPENDENT ACQUISITION PROJECT REVIEWS OF CAP-

ITAL ASSETS ACQUISITION PROJECTS.

(a) I

ENERAL

.—Subtitle C of title XLVII of the Atomic Energy

Defense Act (50 U.S.C. 2772) is amended by inserting after section

4732 the following new section:

‘‘SEC. 4733. INDEPENDENT ACQUISITION PROJECT REVIEWS OF CAP-

ITAL ASSETS ACQUISITION PROJECTS.

‘‘(a) R

EVIEWS

.—The appropriate head shall ensure that an inde-

pendent entity conducts reviews of each capital assets acquisition

project as the project moves toward the approval of each of critical

decision 0, critical decision 1, and critical decision 2 in the acquisi-

tion process.

‘‘(b) P

CRITICAL

ECISION

1 R

EVIEWS

.—In addition to any

other matters, with respect to each review of a capital assets

acquisition project under subsection (a) that has not reached critical

decision 1 approval in the acquisition process, such review shall

include—

‘‘(1) a review using best practices of the analysis of alter-

natives for the project; and

‘‘(2) identification of any deficiencies in such analysis of

alternatives for the appropriate head to address.

‘‘(c) I

NDEPENDENT

NTITIES

.—The appropriate head shall

ensure that each review of a capital assets acquisition project under

subsection (a) is conducted by an independent entity with the appro-

priate expertise with respect to the project and the stage in the

acquisition process of the project.

‘‘(d) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘acquisition process’ means the acquisition

process for a project, as defined in Department of Energy Order

413.3B (relating to project management and project manage-

ment for the acquisition of capital assets), or a successor order.

50 USC 2773.

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130 STAT. 2756 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) The term ‘appropriate head’ means—

‘‘(A) the Administrator, with respect to capital assets

acquisition projects of the Administration; and

‘‘(B) the Assistant Secretary of Energy for Environ-

mental Management, with respect to capital assets acquisi-

tion projects of the Office of Environmental Management.

‘‘(3) The term ‘capital assets acquisition project’ means

a project—

‘‘(A) the total project cost of which is more than

$500,000,000; and

‘‘(B) that is covered by Department of Energy Order

413.3, or a successor order, for the acquisition of capital

assets for atomic energy defense activities.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents for such Act

is amended by inserting after the item relating to section 4732

the following new item:

‘‘Sec. 4733. Independent acquisition project reviews of capital assets acquisition

projects.’’.

SEC. 3112. PROTECTION OF CERTAIN NUCLEAR FACILITIES AND

ASSETS FROM UNMANNED AIRCRAFT.

(a) I

ENERAL

.—Subtitle A of title XLV of the Atomic Energy

Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at

the end the following new section:

‘‘SEC. 4510. PROTECTION OF CERTAIN NUCLEAR FACILITIES AND

ASSETS FROM UNMANNED AIRCRAFT.

‘‘(a) A

UTHORITY

.—Notwithstanding any provision of title 18,

United States Code, the Secretary of Energy may take such actions

described in subsection (b)(1) that are necessary to mitigate the

threat (as defined by the Secretary of Energy, in consultation with

the Secretary of Transportation) that an unmanned aircraft system

or unmanned aircraft poses to the safety or security of a covered

facility or asset.

‘‘(b) A

CTIONS

ESCRIBED

.—(1) The actions described in this

paragraph are the following:

‘‘(A) Detect, identify, monitor, and track the unmanned

aircraft system or unmanned aircraft, without prior consent,

including by means of intercept or other access of a wire,

oral, or electronic communication used to control the unmanned

aircraft system or unmanned aircraft.

‘‘(B) Warn the operator of the unmanned aircraft system

or unmanned aircraft, including by passive or active, and direct

or indirect physical, electronic, radio, and electromagnetic

means.

‘‘(C) Disrupt control of the unmanned aircraft system or

unmanned aircraft, without prior consent, including by dis-

abling the unmanned aircraft system or unmanned aircraft

by intercepting, interfering, or causing interference with wire,

oral, electronic, or radio communications used to control the

unmanned aircraft system or unmanned aircraft.

‘‘(D) Seize or exercise control of the unmanned aircraft

system or unmanned aircraft.

‘‘(E) Seize or otherwise confiscate the unmanned aircraft

system or unmanned aircraft.

‘‘(F) Use reasonable force to disable, damage, or destroy

the unmanned aircraft system or unmanned aircraft.

50 USC 2661.

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130 STAT. 2757 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) The Secretary of Energy shall develop the actions described

in paragraph (1) in coordination with the Secretary of Transpor-

tation.

‘‘(c) F

ORFEITURE

.—Any unmanned aircraft system or unmanned

aircraft described in subsection (a) that is seized by the Secretary

of Energy is subject to forfeiture to the United States.

‘‘(d) R

EGULATIONS

.—The Secretary of Energy and the Secretary

of Transportation may prescribe regulations and shall issue guid-

ance in the respective areas of each Secretary to carry out this

section.

‘‘(e) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘covered facility or asset’ means any facility

or asset that is—

‘‘(A) identified by the Secretary of Energy for purposes

of this section;

‘‘(B) located in the United States (including the terri-

tories and possessions of the United States); and

‘‘(C) owned by the United States or contracted to the

United States, to store or use special nuclear material.

‘‘(2) The terms ‘unmanned aircraft’ and ‘unmanned aircraft

system’ have the meanings given those terms in section 331

of the FAA Modernization and Reform Act of 2012 (Public

Law 112–95; 49 U.S.C. 40101 note).’’.

(b) C

LERICAL

MENDMENT

.—The table of contents for such Act

is amended by inserting after the item relating to section 4509

the following new item:

‘‘Sec. 4510. Protection of certain nuclear facilities and assets from unmanned air-

craft.’’.

SEC. 3113. COMMON FINANCIAL REPORTING SYSTEM FOR THE

NUCLEAR SECURITY ENTERPRISE.

(a) I

ENERAL

.—By not later than four years after the date

of the enactment of this Act, the Administrator for Nuclear Security

shall, in consultation with the National Nuclear Security Adminis-

tration Council established by section 4102(b) of the Atomic Energy

Defense Act (50 U.S.C. 2512(b)), complete, to the extent practicable,

the implementation of a common financial reporting system for

the nuclear security enterprise.

(b) E

LEMENTS

.—The common financial reporting system imple-

mented pursuant to subsection (a) shall include the following:

(1) Common data reporting requirements for work per-

formed using funds of the National Nuclear Security Adminis-

tration, including reporting of financial data by standardized

labor categories, labor hours, functional elements, and cost

elements.

(2) A common work breakdown structure for the Adminis-

tration that aligns contractor work breakdown structures with

the budget structure of the Administration.

(3) Definitions and methodologies for identifying and

reporting costs for programs of records and base capabilities

within the Administration.

(4) A capability to leverage, where appropriate, the Defense

Cost Analysis Resource Center of the Office of Cost Assessment

and Program Evaluation of the Department of Defense using

historical costing data by the Administration.

EPORTS

.—

50 USC 2512

note.

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130 STAT. 2758 PUBLIC LAW 114–328—DEC. 23, 2016

(1) I

N GENERAL

.—Not later than March 1, 2017, and

annually thereafter, the Administrator shall, in consultation

with the National Nuclear Security Administration Council,

submit to the congressional defense committees a report on

progress of the Administration toward implementing a common

financial reporting system for the nuclear security enterprise

as required by subsection (a).

(2) R

EPORT

.—Each report under this subsection shall

include the following:

(A) A summary of activities, accomplishments, chal-

lenges, benefits, and costs related to the implementation

of a common financial reporting system for the nuclear

security enterprise during the year preceding the year in

which such report is submitted.

(B) A summary of planned activities in connection with

the implementation of a common financial reporting system

for the nuclear security enterprise in the year in which

such report is submitted.

the schedule for implementing a common financial

reporting system for the nuclear security enterprise,

including an update on possible risks, challenges, and costs

related to such implementation.

(3) T

ERMINATION

.—No report is required under this sub-

section after the completion of the implementation of a common

financial reporting system for the nuclear security enterprise.

(d) N

UCLEAR

ECURITY

NTERPRISE

EFINED

.—In this section,

the term ‘‘nuclear security enterprise’’ has the meaning given that

term in section 4002 of the Atomic Energy Defense Act (50 U.S.C.

2501).

SEC. 3114. ROUGH ESTIMATE OF TOTAL LIFE CYCLE COST OF TANK

WASTE CLEANUP AT HANFORD NUCLEAR RESERVATION.

(a) I

ENERAL

.—Not later than two years after the date of

the enactment of this Act, the Secretary of Energy shall submit

to the congressional defense committees a rough estimate of the

total life cycle cost of the cleanup of tank waste at Hanford Nuclear

Reservation, Richland, Washington.

(b) E

LEMENTS

.—The rough estimate of the total life cycle cost

required by subsection (a) shall include cost estimates for the fol-

lowing:

(1) The Waste Treatment and Immobilization Plant,

assuming a hot start occurs in 2033 and initial plant operations

commence in 2036.

(2) Operations of the Waste Treatment and Immobilization

Plant, assuming operations continue through 2061.

(3) Tank waste management and treatment, assuming oper-

ations of the Waste Treatment and Immobilization Plant con-

tinue through 2061.

(4) Anticipated increases in the volume of waste in the

double shell tanks resulting from tank waste management

activities.

(5) High-level waste canister temporary storage and

preparation for permanent disposal.

(6) Any additional facilities, including additional evapo-

rative capacity, that may be needed to treat tank waste at

Hanford Nuclear Reservation.

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130 STAT. 2759 PUBLIC LAW 114–328—DEC. 23, 2016

OST

STIMATING

EST

RACTICES

.—To the maximum extent

practicable, the rough estimate of the total life cycle cost required

by subsection (a) shall be developed in accordance with the cost

estimating best practices of the Government Accountability Office.

(d) S

UBMISSION OF

DDITIONAL

NDEPENDENT

OST

STI

MATES

.—The Secretary shall submit to the congressional defense

committees, as part of the rough estimate of the total life cycle

cost required by subsection (a), any other independent cost esti-

mates for the Waste Treatment and Immobilization Plant or related

facilities conducted before the date on which the rough estimate

of the total life cycle cost is required to be submitted under that

subsection.

SEC. 3115. ANNUAL CERTIFICATION OF SHIPMENTS TO WASTE ISOLA-

TION PILOT PLANT.

(a) I

ENERAL

.—In order to ensure that waste shipments

to the Waste Isolation Pilot Plant, Carlsbad, New Mexico (in this

section referred to as ‘‘WIPP’’) are packaged and handled properly

to prevent the release of radiation or contamination above regu-

latory limits, the Secretary of Energy shall submit to the congres-

sional defense committees, not later than February 1 of each year

during the five-year period beginning on the date of the enactment

of this Act, a written certification that—

(1) the Secretary knew of the contents of such shipments

during the 12-month period preceding the date of the certifi-

cation and has ensured that the Secretary will know of the

contents of such shipments planned during the 12-month period

following the date of the certification; and

(2) such shipments made during the 12-month period pre-

ceding the date of the certification were sufficiently safe and

secure for transportation and disposal and the Secretary has

ensured that such shipments planned during the 12-month

period following the date of the certification will be sufficiently

safe and secure for transportation and disposal.

(b) A

DDITIONAL

SSURANCES

.—The Secretary shall submit to

the congressional defense committees, with the certification

required by subsection (a), assurances that—

(1) the Carlsbad Field Office of the Department of Energy

has certified that—

(A) the contents of each shipment of waste that arrived

at WIPP during 12-month period preceding the date of

the certification met the criteria for accepting waste at

WIPP; and

(B) the Office will ensure that the waste destined for

WIPP during the 12-month period following the date of

the certification is packaged according to the criteria for

accepting waste at WIPP;

(2) the Assistant Secretary of Energy for Environmental

Management has reviewed and accepted the certification of

the Carlsbad Field Office under paragraph (1); and

(3) the Administrator for Nuclear Security has ensured

that waste destined for WIPP that was packaged at facilities

of the National Nuclear Security Administration during the

12-month period preceding the date of the certification, and

waste planned to be packaged at such facilities during the

12-month period following the date of the certification, and

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130 STAT. 2760 PUBLIC LAW 114–328—DEC. 23, 2016

for which the Administration is responsible, meets the criteria

for accepting waste at WIPP.

SEC. 3116. DISPOSITION OF WEAPONS-USABLE PLUTONIUM.

(a) C

ONSTRUCTION AND

ROJECT

UPPORT

CTIVITIES AT

MOX

ACILITY

.—

(1) I

N GENERAL

.—Using funds described in paragraph (2),

the Secretary of Energy shall carry out construction and project

support activities relating to the MOX facility.

(2) F

UNDS DESCRIBED

.—The funds described in this para-

graph are the following:

(A) Funds authorized to be appropriated by this Act

or otherwise made available for fiscal year 2017 for the

National Nuclear Security Administration for the MOX

facility for construction and project support activities.

(B) Funds authorized to be appropriated for a fiscal

year prior to fiscal year 2017 for the National Nuclear

Security Administration for the MOX facility for construc-

tion and project support activities that are unobligated

as of the date of the enactment of this Act.

(b) A

SSESSMENT OF THE

MOX F

ACILITY

ONTRACT BY

WNER

’

GENT

.—

(1) A

RRANGEMENT WITH OWNER

’

S AGENT

.—Not later than

30 days after the date of the enactment of this Act, the Sec-

retary of Energy shall enter into an arrangement pursuant

to sections 1535 and 1536 of title 31, United States Code,

with the Chief of Engineers to act as an owner’s agent with

respect to preparing the report required by paragraph (2).

(2) R

EPORT OF OWNER

’

S AGENT

.—

(A) I

N GENERAL

.—The Chief of Engineers shall prepare

a report on the contract for the construction, management

and operations of the MOX facility, as in effect on the

date of the enactment of this Act, that includes the fol-

lowing:

(i) An assessment of the contractual, technical,

and managerial risks for the Department of Energy

and the contractor.

(ii) An assessment of what elements of the contract

can be changed to—

(I) a fixed price provision;

(II) a fixed price incentive fee provision; or

(III) another contractual mechanism designed

to minimize risk to the Department of Energy

while reducing cost.

(iii) An assessment of the options under clause

(ii), including milestones, cost, schedules, and any dam-

age fees for those options.

(iv) Recommendations on changes to the contract,

based on the assessments described in clauses (i), (ii),

and (iii), to reduce risk and cost to the Department

of Energy while preserving a fair and reasonable con-

tract.

(v) For each element of the contract that the Chief

of Engineers does not recommend be changed pursuant

to clause (iv), an assessment of the risks and costs

associated with that element and a description of why

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130 STAT. 2761 PUBLIC LAW 114–328—DEC. 23, 2016

that element is not appropriate for the provision types

described in clause (ii).

(B) C

ONSULTATIONS

.—In preparing the report required

by subparagraph (A), the Chief of Engineers shall consult

with the Secretary, the contractor referred to in subpara-

graph (A)(i), and other knowledgeable parties, as the Chief

of Engineers considers appropriate.

UBMISSION TO SECRETARY

.—Not later than 30 days

after entering into the arrangement under paragraph (1),

the Chief of Engineers shall submit to the Secretary the

report required by subparagraph (A).

(3) S

UBMISSIONS BY DEPARTMENT OF ENERGY

.—Not later

than 60 days after receiving the report required by paragraph

(2), the Secretary shall transmit to the congressional defense

committees and the Comptroller General of the United States—

(A) the report;

(B) any comments of the Secretary with respect to

the report;

to in paragraph (2)(A)(i) will or will not agree to the revi-

sions to the contract recommended by the Chief of Engi-

neers and offered by the Secretary to the contractor;

(D) if the contractor will not agree to such revisions,

a description of the reasons given for not agreeing to such

revisions; and

(E) any other materials relating to the potential modi-

fication of the contract that the Secretary considers appro-

priate.

(4) B

RIEFING BY GOVERNMENT ACCOUNTABILITY OFFICE

.—

Not later than 30 days after receiving the report and other

matters under paragraph (3), the Comptroller General of the

United States shall brief the congressional defense committees

on the actions taken by the Secretary under this subsection,

to be followed by a written report not later than 120 days

after the briefing is provided to Congress.

EFINITIONS

.—In this section:

(1) MOX

FACILITY

.—The term ‘‘MOX facility’’ means the

mixed-oxide fuel fabrication facility at the Savannah River

Site, Aiken, South Carolina.

(2) P

ROJECT SUPPORT ACTIVITIES

.—The term ‘‘project sup-

port activities’’ means activities that support the design, long-

lead equipment procurement, and site preparation of the MOX

facility.

SEC. 3117. DESIGN BASIS THREAT.

(a) U

PDATE TO

RDER

.—Not later than 30 days after the date

of the enactment of this Act, the Secretary of Energy shall update

Department of Energy Order 470.3B relating to the design basis

threat for protecting nuclear weapons, special nuclear material,

and other critical assets in the custody of the Department of Energy.

(b) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) the intelligence community (as defined in section 3(4)

of the National Security Act of 1947 (50 U.S.C. 3003(4))) should

promulgate regular, biannual updates to the Nuclear Security

Threat Capabilities Assessment to better inform nuclear secu-

rity postures within the Department of Defense and the Depart-

ment of Energy;

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130 STAT. 2762 PUBLIC LAW 114–328—DEC. 23, 2016

(2) the Department of Defense and the Department of

Energy should closely, and in real-time, track and assess

national, regional, and local threats to the defense nuclear

facilities of the respective Departments; and

(3) the Department of Defense and the Department of

Energy should regularly review assessments and other input

provided by activities described in paragraphs (1) and (2) and

adjust security postures accordingly.

SEC. 3118. INDUSTRY BEST PRACTICES IN OPERATIONS AT NATIONAL

NUCLEAR SECURITY ADMINISTRATION FACILITIES AND

SITES.

(a) C

OMMITTEE ON

NDUSTRY

EST

RACTICES IN

PERATIONS

.—

The Administrator for Nuclear Security shall establish within the

National Nuclear Security Administration a committee (in this sec-

tion referred to as the ‘‘committee’’) to identify and oversee the

implementation of best practices of industry in the operations of

the facilities and sites of the Administration for the purposes of—

(1) improving mission performance and effectiveness;

(2) lowering costs and administrative burdens; and

(3) also both—

(A) maintaining or reducing risks; and

(B) preserving and protecting health, safety, and secu-

rity.

(b) M

EMBERSHIP

.—The committee shall be composed of per-

sonnel of the Administration assigned by the Administrator to

the committee as follows:

(1) The Principal Deputy Administrator for Nuclear Secu-

rity, who shall serve as chair of the committee.

(2) Government personnel representing the headquarters

of the Administration.

(3) Government personnel representing offices of facilities

and sites of the Administration.

(4) Contractor personnel representing the national security

laboratories and the nuclear weapons production facilities (as

those terms are defined in section 4002 of the Atomic Energy

Defense Act (50 U.S.C. 2501)).

(5) Such other personnel as the Administrator considers

appropriate.

UTIES

.—The duties of the committee shall include the

following:

(1) To identify and oversee the implementation of best

practices of industry in the operations of the facilities and

sites of the Administration for the purposes described in sub-

section (a).

(2) To conduct surveys of the facilities and sites of the

Administration in order to assess the adoption, implementation,

and use by such facilities and sites of best practices of industry

described in subsection (a).

(3) To carry out such other activities consistent with the

duties of the committee under this subsection as the Adminis-

trator may specify for purposes of this section.

(d) A

NNUAL

EPORT

.—

(1) I

N GENERAL

.—Not later than 60 days after the date

on which the budget of the President for a fiscal year after

fiscal year 2017 is submitted to Congress pursuant to section

1105(a) of title 31, United States Code, the Administrator shall

50 USC 2512

note.

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130 STAT. 2763 PUBLIC LAW 114–328—DEC. 23, 2016

submit to the appropriate congressional committees a report

on the activities of the committee under this section during

the preceding calendar year.

(2) E

LEMENTS

.—Each report under this subsection shall

include, for the calendar year covered by such report, the fol-

lowing:

(A) A description of the activities of the committee.

(B) The results of the surveys undertaken pursuant

to subsection (c)(2).

modifications to the scope or applicability of regulations

and orders of the Department of Energy to particular facili-

ties and sites of the Administration in order to implement

best practices of industry in the operation of such facilities

and sites, including—

(i) a list of the facilities and sites at which such

regulations and orders could be so modified; and

(ii) for each such facility and site, the manner

in which the scope or applicability of such regulations

and orders could be so modified.

(D) An assessment of the progress of the Administra-

tion in implementing best practices of industry in the oper-

ations of the facilities and sites of the Administration.

(E) An estimate of the costs to be saved as a result

of the best practices of industry implemented by the

Administration at the facilities and sites of the Administra-

tion, set forth by fiscal year.

(3) A

PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED

.—

In this subsection, the term ‘‘appropriate congressional commit-

tees’’ means—

(A) the congressional defense committees; and

(B) the Committee on Energy and Natural Resources

of the Senate and the Committee on Energy and Commerce

of the House of Representatives.

(e) T

ERMINATION

.—The committee shall terminate after the

submittal under subsection (d) of the report required by that sub-

section that covers 2021.

SEC. 3119. PILOT PROGRAM ON UNAVAILABILITY FOR OVERHEAD

COSTS OF AMOUNTS SPECIFIED FOR LABORATORY-

DIRECTED RESEARCH AND DEVELOPMENT.

(a) I

ENERAL

.—The Secretary of Energy shall establish a

pilot program under which each national security laboratory (as

defined in section 4002 of the Atomic Energy Defense Act (50

U.S.C. 2501)) is prohibited from using funds described in subsection

(b) to cover the costs of general and administrative overhead for

the laboratory.

(b) F

UNDS

ESCRIBED

.—The funds described in this subsection

are funds made available for a national security laboratory under

section 4811(c) of the Atomic Energy Defense Act (50 U.S.C. 2791(c))

for laboratory-directed research and development.

URATION

.—The pilot program required by subsection (a)

shall—

(1) take effect on the first day of the first fiscal year

beginning after the date of the enactment of this Act; and

(2) terminate on the date that is three years after the

day described in paragraph (1).

50 USC 2791

note.

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130 STAT. 2764 PUBLIC LAW 114–328—DEC. 23, 2016

(d) R

EPORT

EQUIRED

.—Before the termination under sub-

section (c)(2) of the pilot program required by subsection (a), the

Administrator for Nuclear Security shall submit to the congressional

defense committees a report that assesses the costs, benefits, risks,

and other effects of the pilot program.

SEC. 3120. RESEARCH AND DEVELOPMENT OF ADVANCED NAVAL

NUCLEAR FUEL SYSTEM BASED ON LOW-ENRICHED URA-

NIUM.

(a) P

ROHIBITION

.—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) E

XCEPTION

.—Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2017 for

defense nuclear nonproliferation, as specified in the funding table

in division D, not more than $5,000,000 shall be made available

to the Deputy Administrator for Naval Reactors of the National

Nuclear Security Administration for initial planning and early

research and development of an advanced naval nuclear fuel system

based on low-enriched uranium.

UDGET

ATTERS

.—Section 3118 of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129

Stat. 1196) is amended—

(1) in subsection (c), by striking paragraph (2) and inserting

the following new paragraph:

‘‘(2) B

UDGET REQUESTS

.—If the Secretaries determine under

paragraph (1) that research and development of an advanced

naval nuclear fuel system based on low-enriched uranium

should continue, the Secretaries shall ensure that each budget

of the President submitted to Congress under section 1105(a)

of title 31, United States Code, for fiscal year 2018 and each

fiscal year thereafter in which such research and development

is carried out includes in the budget line item for the ‘Defense

Nuclear Nonproliferation’ account amounts necessary to carry

out the conceptual plan under subsection (b).’’; and

(2) in subsection (d), by striking ‘‘for material management

and minimization’’.

SEC. 3121. INCREASE IN CERTAIN LIMITATIONS APPLICABLE TO FUNDS

FOR CONCEPTUAL AND CONSTRUCTION DESIGN OF THE

DEPARTMENT OF ENERGY.

(a) R

EQUESTS FOR

ONCEPTUAL

ESIGN

UNDS

.—Subsection

(a)(2) of section 4706 of the Atomic Energy Defense Act (50 U.S.C.

2746) is amended by striking ‘‘$3,000,000’’ and inserting

‘‘$5,000,000’’.

(b) C

ONSTRUCTION

ESIGN

.—Subsection (b) of such section is

amended by striking ‘‘$1,000,000’’ each place it appears and

inserting ‘‘$2,000,000’’.

SEC. 3122. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROGRAMS

IN RUSSIAN FEDERATION.

(a) P

ROHIBITION

.—

(1) I

N GENERAL

.—None of the funds described in paragraph

(2) may be obligated or expended to enter into a contract

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130 STAT. 2765 PUBLIC LAW 114–328—DEC. 23, 2016

with, or otherwise provide assistance to, the Russian Federa-

tion.

(2) F

UNDS DESCRIBED

.—The funds described in this para-

graph are the following:

(A) Funds authorized to be appropriated by this Act

or otherwise made available for fiscal year 2017 for atomic

energy defense activities.

(B) Funds authorized to be appropriated or otherwise

made available for a fiscal year prior to fiscal year 2017

for atomic energy defense activities that are unobligated

or unexpended as of the date of the enactment of this

Act.

(b) W

AIVER

.—The Secretary of Energy, without delegation, may

waive the prohibition in subsection (a)(1) only if—

(1) the Secretary determines, in writing, that a nuclear-

related threat arising in the Russian Federation must be

addressed urgently and it is necessary to waive the prohibition

to address that threat;

(2) the Secretary of State and the Secretary of Defense

concur in the determination under paragraph (1);

(3) the Secretary of Energy submits to the appropriate

congressional committees a report containing—

(A) a notification that the waiver is in the national

security interest of the United States;

(B) justification for the waiver, including the deter-

mination under paragraph (1); and

pursuant to the waiver, including the expected cost and

timeframe for such activities; and

(4) a period of 15 days elapses following the date on which

the Secretary submits the report under paragraph (3).

XCEPTION

.—The prohibition under subsection (a)(1) and

the requirements under subsection (b) to waive that prohibition

shall not apply to an amount, not to exceed $3,000,000, that the

Secretary may make available for the Department of Energy Rus-

sian Health Studies Program.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’ means

the following:

(1) The congressional defense committees.

(2) The Committee on Foreign Relations of the Senate

and the Committee on Foreign Affairs of the House of Rep-

resentatives.

SEC. 3123. LIMITATION ON AVAILABILITY OF FUNDS FOR FEDERAL

SALARIES AND EXPENSES.

(a) I

ENERAL

.—Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2017 for

the National Nuclear Security Administration for defense-related

Federal salaries and expenses, not more than 90 percent may

be obligated or expended until the date on which the Secretary

of Energy submits to the congressional defense committees and

the congressional intelligence committees the following:

(1) The updated plan on the designing and building of

prototypes of nuclear weapons that is required—

(A) by paragraph (2) of section 4509(a) of the Atomic

Energy Defense Act (50 U.S.C. 2660(a)), to be developed

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130 STAT. 2766 PUBLIC LAW 114–328—DEC. 23, 2016

by not later than the date on which the budget of the

President for fiscal year 2018 is submitted to Congress;

and

(B) by paragraph (3)(B) of such section, to be submitted

to the congressional defense committees and the congres-

sional intelligence committees.

(2) A description of the determination of the Secretary

under paragraph (4)(B) of such section with respect to the

manner in which the designing and building of prototypes

of nuclear weapons is carried out under such updated plan.

(b) C

ONGRESSIONAL

NTELLIGENCE

OMMITTEES

EFINED

.—In

this section, the term ‘‘congressional intelligence committees’’ means

the Select Committee on Intelligence of the Senate and the Perma-

nent Select Committee on Intelligence of the House of Representa-

tives.

SEC. 3124. LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSE

ENVIRONMENTAL CLEANUP PROGRAM DIRECTION.

Of the funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2017 for defense environ-

mental cleanup for program direction, not more than 90 percent

may be obligated or expended until the date on which the Secretary

of Energy submits to Congress the future-years defense environ-

mental cleanup plan required to be submitted during 2017 under

section 4402A of the Atomic Energy Defense Act (50 U.S.C. 2582a).

SEC. 3125. LIMITATION ON AVAILABILITY OF FUNDS FOR ACCELERA-

TION OF NUCLEAR WEAPONS DISMANTLEMENT.

(a) L

IMITATION ON

AXIMUM

MOUNT FOR

ISMANTLEMENT

.—

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) L

IMITATION ON

CCELERATION OF

ISMANTLEMENT

CTIVI

TIES

.—Except as provided by subsection (c), none of the funds

authorized to be appropriated by this Act or otherwise made avail-

able for any of fiscal years 2017 through 2021 for the National

Nuclear Security Administration may be obligated or expended

to accelerate the nuclear weapons dismantlement activities of the

United States to a rate that exceeds the rate described in the

Stockpile Stewardship and Management Plan schedule.

XCEPTION

.—The limitation in subsection (b) shall not apply

to the following:

(1) The dismantlement of a nuclear weapon not covered

by the Stockpile Stewardship and Management Plan schedule

if the Administrator for Nuclear Security certifies, in writing,

to the congressional defense committees that—

(A) the components of the nuclear weapon are directly

required for the purposes of a current life extension pro-

gram; or

(B) such dismantlement is necessary to conduct mainte-

nance or surveillance of the nuclear weapons stockpile or

to ensure the safety or reliability of the nuclear weapons

stockpile.

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130 STAT. 2767 PUBLIC LAW 114–328—DEC. 23, 2016

(2) The dismantlement of a nuclear weapon if the President

certifies, in writing, to the congressional defense committees

that—

(A) such dismantlement is being carried out pursuant

to a nuclear arms reduction treaty or similar international

agreement that requires such dismantlement; and

(B) such treaty or similar international agreement—

(i) has entered into force after the date of the

enactment of this Act; and

(ii) was approved—

(I) with the advice and consent of the Senate

pursuant to clause 2 of section 2 of Article II

of the Constitution of the United States after the

date of the enactment of this Act; or

(II) by an Act of Congress, as described in

section 303(b) of the Arms Control and Disar-

mament Act (22 U.S.C. 2573(b)).

(d) S

TOCKPILE

TEWARDSHIP AND

ANAGEMENT

LAN

CHEDULE

EFINED

.—In this section, the term ‘‘Stockpile Stewardship and

Management Plan schedule’’ means the schedule described in table

2–7 of the annex of the report titled ‘‘Fiscal Year 2016 Stockpile

Stewardship and Management Plan’’ submitted in March 2015 by

the Administrator for Nuclear Security to the congressional defense

committees under section 4203(b)(2) of the Atomic Energy Defense

Act (50 U.S.C. 2523(b)(2)).

Subtitle C—Plans and Reports

SEC. 3131. INDEPENDENT ASSESSMENT OF TECHNOLOGY DEVELOP-

MENT UNDER DEFENSE ENVIRONMENTAL CLEANUP PRO-

GRAM.

(a) A

SSESSMENT

.—Not later than 60 days after the date of

the enactment of this Act, the Secretary of Energy shall seek

to enter into an agreement with the National Academy of Sciences

to conduct an independent assessment of the technology develop-

ment efforts of the defense environmental cleanup program of the

Department of Energy.

(b) E

LEMENTS

.—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;

relating to such efforts; or

(D) otherwise significantly improve the defense

environmental cleanup program.

UBMISSION

.—Not later than the date that is 18 months

after the date of the enactment of this Act, the National Academy

of Sciences shall submit to the congressional defense committees

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130 STAT. 2768 PUBLIC LAW 114–328—DEC. 23, 2016

and the Secretary a report on the assessment under subsection

(a).

SEC. 3132. UPDATED PLAN FOR VERIFICATION AND MONITORING OF

PROLIFERATION OF NUCLEAR WEAPONS AND FISSILE

MATERIAL.

(a) U

PDATED

LAN

.—

(1) T

RANSMISSION

.—Not later than 90 days after the date

of the enactment of this Act, the President shall transmit

to the appropriate congressional committees a comprehensive

and detailed update to the plan developed under section 3133(a)

of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National

Defense Authorization Act for Fiscal Year 2015 (Public Law

113–291; 128 Stat. 3896) with respect to verification and moni-

toring relating to the potential proliferation of nuclear weapons,

components of such weapons, and fissile material.

(2) F

ORM

.—The updated plan under paragraph (1) shall

be transmitted in unclassified form, but may include a classified

annex.

(b) L

IMITATION

.—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).

RIEFING

.—Not later than 30 days after the date of the

enactment of this Act, the President shall provide to the Committees

on Armed Services of the Senate and House of Representatives

(and any other appropriate congressional committee upon request)

an interim briefing on the updated plan under subsection (a)(1).

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’ means

the following:

(1) The congressional defense committees.

(2) The Select Committee on Intelligence of the Senate

and the Permanent Select Committee on Intelligence of the

House of Representatives.

(3) The Committee on Foreign Relations of the Senate

and the Committee on Foreign Affairs of the House of Rep-

resentatives.

(4) The Committee on Homeland Security and Govern-

mental Affairs of the Senate and the Committee on Homeland

Security of the House of Representatives.

(5) The Committee on Commerce, Science, and Transpor-

tation of the Senate and the Committee on Energy and Com-

merce of the House of Representatives.

SEC. 3133. REPORT ON THE USE OF HIGHLY-ENRICHED URANIUM FOR

NAVAL REACTORS.

(a) R

EPORT

.—Not later than 120 days after the date of the

enactment of this Act, the Director of National Intelligence, in

consultation with the Secretary of Defense, the Secretary of Energy,

and the Secretary of State, shall, in accordance with the protection

of sources and methods, submit to the appropriate congressional

committees a report that includes the following:

(1) An assessment on the current and anticipated intentions

of countries producing or using highly-enriched uranium in

naval reactors or considering the development of naval reactors.

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130 STAT. 2769 PUBLIC LAW 114–328—DEC. 23, 2016

(2) An evaluation of the security measures each country

producing or using highly-enriched uranium in naval reactors

has in place.

(3) An evaluation of the potential effects on nuclear non-

proliferation efforts and the naval reactor programs and related

actions of other countries if the United States pursued the

development of an advanced low-enriched uranium fuel for

certain United States naval reactors as described in the report

of the Director of Naval Reactors to Congress, dated July 2016

and entitled ‘‘Conceptual Research and Development Plan for

Low-Enriched Uranium Naval Fuel’’.

(4) Such other information or updates as the Director of

National Intelligence, the Secretary of Defense, the Secretary

of Energy, and the Secretary of State consider appropriate.

(b) F

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form, but may include a classified annex.

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the congressional defense committees;

(2) the Select Committee on Intelligence of the Senate

and the Permanent Select Committee on Intelligence of the

House of Representatives; and

(3) the Committee on Foreign Relations of the Senate and

the Committee on Foreign Affairs of the House of Representa-

tives.

SEC. 3134. ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREAT-

MENT OF LOW-ACTIVITY WASTE AT HANFORD NUCLEAR

RESERVATION.

(a) I

ENERAL

.—Not later than 60 days after the date of

the enactment of this Act, the Secretary of Energy shall enter

into an arrangement with a federally funded research and develop-

ment center to conduct an analysis of approaches for treating the

portion of low-activity waste at the Hanford Nuclear Reservation,

Richland, Washington, that, as of such date of enactment, is

intended for supplemental treatment.

(b) E

LEMENTS

.—The analysis required by subsection (a) shall

include the following:

(1) An analysis of, at a minimum, the following approaches

for treating the low-activity waste described in subsection (a):

(A) Further processing of the low-activity waste to

remove long-lived radioactive constituents, particularly

technetium-99 and iodine-129, for immobilization with

high-level waste.

(B) Vitrification, grouting, and steam reforming, and

other alternative approaches identified by the Department

of Energy for immobilizing the low-activity waste.

(2) An analysis of the following:

(A) The risks of the approaches described in paragraph

(1) relating to treatment and final disposition.

(B) The benefits and costs of such approaches.

including the time needed to complete necessary construc-

tion and to begin treatment operations.

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130 STAT. 2770 PUBLIC LAW 114–328—DEC. 23, 2016

(D) The compliance of such approaches with applicable

technical standards associated with and contained in regu-

lations prescribed pursuant to the Comprehensive Environ-

mental Response, Compensation, and Liability Act of 1980

(42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act

(42 U.S.C. 6901 et seq.) (commonly referred to as the

‘‘Resource Conservation and Recovery Act of 1976’’), the

Federal Water Pollution Control Act (33 U.S.C. 1251 et

seq.) (commonly referred to as the ‘‘Clean Water Act’’),

and the Clean Air Act (42 U.S.C. 7401 et seq.).

(E) Any obstacles that would inhibit the ability of

the Department of Energy to pursue such approaches.

EVIEW OF

NALYSIS

.—

(1) I

N GENERAL

.—Concurrent with entering into an

arrangement with a federally funded research and development

center under subsection (a), the Secretary shall enter into an

arrangement with the National Academies of Sciences,

Engineering, and Medicine to conduct a review of the analysis

conducted by the federally funded research and development

center.

(2) M

ETHOD OF REVIEW

.—The review required by paragraph

(1) shall be conducted concurrent with the analysis required

by subsection (a), and in a manner that is parallel to that

analysis, so that the results of the review may be used to

improve the quality of the analysis.

(3) P

UBLIC REVIEW

.—In conducting the review required

paragraph (1), the National Academies of Sciences, Engineering,

and Medicine shall provide an opportunity for public comment,

with sufficient notice, to inform and improve the quality of

the review.

(d) C

ONSULTATION

ITH

TATE

.—Prior to the submission in

accordance with subsection (e)(2) of the analysis required by sub-

section (a) and the review of the analysis required by subsection

(c), the federally funded research and development center and the

National Academies of Sciences, Engineering, and Medicine shall

provide to the State of Washington—

(1) the analysis and review in draft form; and

(2) an opportunity to comment on the analysis and review

for a period of not less than 60 days.

(e) S

UBMISSION TO

ONGRESS

.—

(1) B

RIEFINGS ON PROGRESS

.—Not later than 180 days after

the date of the enactment of this Act, and every 180 days

thereafter until the materials described in paragraph (2) are

submitted in accordance with that paragraph, the Secretary

shall provide to the congressional defense committees a briefing

on the progress being made on the analysis required by sub-

section (a) and the review of the analysis required by subsection

(c).

(2) C

OMPLETED ANALYSIS AND REVIEW

.—Not later than two

years after the date of the enactment of this Act, the Secretary

shall submit to the congressional defense committees the anal-

ysis required by subsection (a), the review of the analysis

required by subsection (c), any comments of the State of Wash-

ington under subsection (d)(2), and any comments of the Sec-

retary on the analysis or the review of the analysis.

(f) L

IMITATIONS

.—

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130 STAT. 2771 PUBLIC LAW 114–328—DEC. 23, 2016

(1) S

ECRETARY OF ENERGY

.—This section does not conflict

with or impair the obligation of the Secretary to comply with

any requirement of—

(A) the amended consent decree in Washington v.

Moniz, No. 2:08-CV-5085-RMP (E.D. Wash.); or

(B) the Hanford Federal Facility Agreement and Con-

sent Order.

(2) S

TATE OF WASHINGTON

.—This section does not conflict

with or impair the regulatory authority of the State of Wash-

ington under the Solid Waste Disposal Act (42 U.S.C. 6901

et seq.) (commonly referred to as the ‘‘Resource Conservation

and Recovery Act of 1976’’) and any corresponding State law.

SEC. 3135. CLARIFICATION OF ANNUAL REPORT AND CERTIFICATION

ON STATUS OF SECURITY OF ATOMIC ENERGY DEFENSE

FACILITIES.

Section 4506(b)(1)(B) of the Atomic Energy Defense Act (50

U.S.C. 2657(b)(1)(B)) is amended to read as follows:

‘‘(B) written certification that such facilities are secure

and that the security measures at such facilities meet the

security standards and requirements of the Department of

Energy.’’.

SEC. 3136. REPORT ON SERVICE SUPPORT CONTRACTS AND

AUTHORITY FOR APPOINTMENT OF CERTAIN PER-

SONNEL.

(a) A

NNUAL

EPORT ON

ERVICE

UPPORT

ONTRACTS

.—Section

3241A(f) of the National Nuclear Security Administration Act (50

U.S.C. 2441a(f)) is amended by adding at the end the following

new paragraph:

‘‘(5) With respect to each contract identified under para-

graph (2)—

‘‘(A) the cost of the contract; and

‘‘(B) identification of the program or program direction

accounts that support the contract.’’.

(b) E

XTENSION OF

UTHORITY FOR

PPOINTMENT OF

ERTAIN

ERSONNEL

.—Section 4601(c)(1) of the Atomic Energy Defense Act

(50 U.S.C. 2701(c)(1)) is amended by striking ‘‘2016’’ and inserting

‘‘2020’’.

SEC. 3137. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS.

(a) R

EPORTS ON

LAN TO

ROTECT

GAINST

NADVERTENT

ELEASE OF

ESTRICTED

ATA AND

ORMERLY

ESTRICTED

ATA

.—

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 R

EPORT ON

ROGRAM ON

CIENTIFIC

NGAGEMENT

FOR

ONPROLIFERATION

.—Section 3122 of the National Defense

Authorization Act for Fiscal Year 2013 (Public Law 112–239; 50

U.S.C. 2571 note) is amended—

(1) in subsection (b)(1), by striking ‘‘, and to the Comptroller

General of the United States,’’;

(2) by striking subsection (e); and

(3) by redesignating subsections (f) and (g) as subsections

(e) and (f), respectively.

TUDY ON

DEQUACY OF

UDGET

EQUESTS

ITH

ESPECT TO

ODERNIZATION AND

EFURBISHMENT OF

UCLEAR

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130 STAT. 2772 PUBLIC LAW 114–328—DEC. 23, 2016

EAPONS

TOCKPILE

.—Section 3255 of the National Nuclear Secu-

rity Administration Act (50 U.S.C. 2455) is amended—

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following new sub-

section (b):

‘‘(b) T

EMPORARY

USPENSION

.—The requirements of subsection

(a) shall not apply with respect to the nuclear security budget

materials submitted for fiscal year 2018 or 2019.’’.

(d) S

TRATEGY ON

ISKS TO

ONPROLIFERATION

AUSED BY

DDI

TIVE

ANUFACTURING

.—Section 3139(b) of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129

Stat. 1215; 50 U.S.C. 2367 note) is amended to read as follows:

‘‘(b) B

RIEFINGS

.—

‘‘(1) I

N GENERAL

.—Not later than March 31, 2016, and

annually thereafter through 2019, the President shall provide

to the appropriate congressional committees a briefing on the

strategy developed under subsection (a).

‘‘(2) I

NTERIM BRIEFINGS

.—In addition to the briefings

required by paragraph (1), the President shall provide to the

appropriate congressional committees a notification or briefing

if there is a development in additive manufacture technology,

or increased use of additive manufacture technology, that could

pose an increased risk to the United States from nuclear pro-

liferation.’’.

SEC. 3138. REPORT ON UNITED STATES NUCLEAR DETERRENCE.

(a) I

ENERAL

.—Not later than 15 days after the date of

the enactment of this Act, the Secretary of Energy shall, consistent

with the protection of sources and methods, submit to the appro-

priate congressional committees the full, unredacted report, and

any related materials, titled ‘‘U.S. Nuclear Deterrence in the

Coming Decades’’, dated August 15, 2014.

(b) C

OVER

ETTER

.—The Secretary may submit to the appro-

priate congressional committees, with the report submitted under

subsection (a), a cover letter containing any views or perspectives

of the Secretary on the report or related matters.

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the congressional defense committees; and

(2) the Select Committee on Intelligence of the Senate

and the Permanent Select Committee on Intelligence of the

House of Representatives.

TITLE XXXII—DEFENSE NUCLEAR

FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2017,

$31,000,000 for the operation of the Defense Nuclear Facilities

Safety Board under chapter 21 of the Atomic Energy Act of 1954

(42 U.S.C. 2286 et seq.).

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130 STAT. 2773 PUBLIC LAW 114–328—DEC. 23, 2016

TITLE XXXIV—NAVAL PETROLEUM

RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) A

MOUNT

.—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) P

ERIOD OF

VAILABILITY

.—Funds appropriated pursuant to

the authorization of appropriations in subsection (a) shall remain

available until expended.

TITLE XXXV—MARITIME MATTERS

Subtitle A—Maritime Administration, Coast Guard, and Shipping Matters

Sec. 3501. Authorization of the Maritime Administration.

Sec. 3502. Authority to extend certain age restrictions relating to vessels in the

Maritime Security Fleet.

Sec. 3503. Corrections to provisions enacted by Coast Guard Authorization Acts.

Sec. 3504. Status of National Defense Reserve Fleet vessels.

Sec. 3505. NDRF national security multi-mission vessel.

Sec. 3506. Superintendent of United States Merchant Marine Academy.

Sec. 3507. Use of National Defense Reserve Fleet scrapping proceeds.

Sec. 3508. Floating dry docks.

Sec. 3509. Transportation worker identification credentials for individuals under-

going separation, discharge, or release from the Armed Forces.

Sec. 3510. Actions to address sexual harassment and sexual assault at the United

States Merchant Marine Academy.

Sec. 3511. Sexual assault response coordinators and sexual assault victim advo-

cates.

Sec. 3512. Report from the Department of Transportation Inspector General.

Sec. 3513. Sexual assault prevention and response working group.

Sec. 3514. Sea Year compliance.

Sec. 3515. State maritime academy physical standards and reporting.

Sec. 3516. Appointments.

Sec. 3517. Maritime workforce working group.

Sec. 3518. Maritime extreme weather task force.

Sec. 3519. Workforce plans and onboarding policies.

Sec. 3520. Drug and alcohol policy.

Sec. 3521. Vessel transfers.

Sec. 3522. Clarifying amendment; continuation boards.

Sec. 3523. Polar icebreaker recapitalization plan.

Sec. 3524. GAO report on icebreaking capability in United States.

Subtitle B—Pribilof Islands Transition Completion

Sec. 3531. Short title.

Sec. 3532. Conveyance of property.

Sec. 3533. Transfer, use, and disposal of tract 43.

Subtitle C—Sexual Harassment and Assault Prevention at the National Oceanic

and Atmospheric Administration

Sec. 3541. Actions to address sexual harassment at National Oceanic and Atmos-

pheric Administration.

Sec. 3542. Actions to address sexual assault at National Oceanic and Atmospheric

Administration.

Sec. 3543. Rights of the victim of a sexual assault.

Sec. 3544. Change of station.

Sec. 3545. Applicability of policies to crews of vessels secured by National Oceanic

and Atmospheric Administration under contract.

Sec. 3546. Annual report on sexual assaults in the National Oceanic and Atmos-

pheric Administration.

Sec. 3547. Sexual assault defined.

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130 STAT. 2774 PUBLIC LAW 114–328—DEC. 23, 2016

Subtitle A—Maritime Administration,

Coast Guard, and Shipping Matters

SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.

There are authorized to be appropriated to the Department

of Transportation for fiscal year 2017, to be available without fiscal

year limitation if so provided in appropriations Acts, for programs

associated with maintaining the United States merchant marine,

the following amounts:

(1) For expenses necessary for operations of the United

States Merchant Marine Academy, $99,902,000, of which—

(A) $74,851,000 shall be for Academy operations; and

(B) $25,051,000 shall remain available until expended

for capital asset management at the Academy.

(2) For expenses necessary to support the State maritime

academies, $29,550,000, of which—

(A) $2,400,000 shall remain available until September

30, 2018, for the Student Incentive Program;

(B) $3,000,000 shall remain available until expended

for direct payments to such academies;

for maintenance and repair of State maritime academy

training vessels;

(D) $1,800,000 shall remain available until expended

for training ship fuel assistance; and

(E) $350,000 shall remain available until expended

for expenses to improve the monitoring of the service obliga-

tions of graduates.

(3) For expenses necessary to support the National Security

Multi-Mission Vessel Program, $36,000,000, which shall remain

available until expended.

(4) For expenses necessary to support Maritime Adminis-

tration operations and programs, $58,694,000.

(5) For expenses necessary to dispose of vessels in the

National Defense Reserve Fleet, $20,000,000, which shall

remain available until expended.

(6) For expenses necessary to maintain and preserve a

United States flag merchant marine to serve the national secu-

rity needs of the United States under chapter 531 of title

46, United States Code, $299,997,000.

(7) For expenses necessary to provide assistance for small

shipyards and maritime communities under section 54101 of

title 46, United States Code, $30,000,000, of which—

(A) $5,000,000 shall remain available until expended

for training grants; and

(B) $25,000,000 shall remain available until expended

for capital and related improvements.

(8) For administrative expenses associated with the pro-

gram authorized by chapter 537 of title 46, United States

Code, $3,000,000, which shall remain available until expended.

SEC. 3502. AUTHORITY TO EXTEND CERTAIN AGE RESTRICTIONS

RELATING TO VESSELS IN THE MARITIME SECURITY

FLEET.

(a) A

UTHORITY

.—

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130 STAT. 2775 PUBLIC LAW 114–328—DEC. 23, 2016

(1) I

N GENERAL

.—Section 53102 of title 46, United States

Code, is amended by adding at the end the following:

‘‘(g) A

UTHORITY

XTEND

AXIMUM

ERVICE

GE FOR

ESSEL

.—The Secretary of Defense, in conjunction with the Sec-

retary of Transportation, may, for a particular participating fleet

vessel, treat the ages specified in section 53101(5)(A)(ii) and section

53106(c)(3) as increased by up to 5 years if the Secretaries jointly

determine that it is in the national interest to do so.’’.

(2) C

ONFORMING AMENDMENT

.—The heading of subsection

(f) of such section is amended to read as follows: ‘‘A

UTHORITY

AIVE

ESTRICTION FOR

LIGIBILITY OF A

ESSEL

NCLUDED IN

LEET

.—’’.

(b) R

EPEAL OF

EDUNDANT

IMITATION

.—Section

53106(c)(3) of such title is amended—

(1) in subparagraph (A), by striking ‘‘or (C);’’ and inserting

‘‘; or’’;

(2) in subparagraph (B), by striking ‘‘; or’’ and inserting

a period; and

(3) by striking subparagraph (C).

SEC. 3503. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD

AUTHORIZATION ACTS.

(a) S

HORT

ITLE

ORRECTION

.—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) T

ITLE

46, U

NITED

TATES

ODE

.—

(1) E

XAM REVIEW

.—Section 7510(c) of title 46, United States

Code, is amended—

(A) in paragraph (1)(D), by striking ‘‘engine’’ and

inserting ‘‘engineer’’; and

(B) in paragraph (9), by inserting a period after ‘‘App’’.

(2) V

ESSEL CERTIFICATION

.—Section 4503(f)(2) of title 46,

United States Code, is amended by striking ‘‘, that’’ and

inserting ‘‘, then’’.

ROVISIONS

ELATING TO THE

RIBILOF

SLANDS

.—Section

521 of the Coast Guard Authorization Act of 2016 (Public Law

114–120), as amended by subsection (a), is amended by striking

‘‘2015’’ and inserting ‘‘2016’’.

(d) T

ITLE

14, U

NITED

TATES

ODE

.—

(1) R

EDISTRIBUTION OF AUTHORIZATIONS OF APPROPRIA

TIONS

.—Section 2702 of title 14, United States Code, is

amended—

(A) in paragraph (1)(B), by striking ‘‘$6,981,036,000’’

and inserting ‘‘$6,986,815,000’’; and

(B) in paragraph (3)(B), by striking ‘‘$140,016,000’’ and

inserting ‘‘$134,237,000’’.

(2) C

LERICAL 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) E

FFECTIVE

ATE

.—The amendments made by this section

shall take effect as if included in the enactment of Public Law

114–120.

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130 STAT. 2776 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 3504. STATUS OF NATIONAL DEFENSE RESERVE FLEET VESSELS.

Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C.

4405) is amended—

(1) in subsection (a), by adding at the end the following:

‘‘Vessels in the National Defense Reserve Fleet, including ves-

sels loaned to State maritime academies, shall be considered

public vessels of the United States.’’; and

(2) by adding at the end the following:

‘‘(g) V

ESSEL

TATUS

.—A vessel in the National Defense Reserve

Fleet determined by the Maritime Administration to be of insuffi-

cient value to remain in the National Defense Reserve Fleet shall

remain a vessel within the meaning of that term in section 3

of title 1, United States Code, and subject to the rights and respon-

sibilities of a vessel under admiralty law at least until such time

as the vessel is delivered to a dismantling facility or is disposed

of otherwise from the National Defense Reserve Fleet.’’.

SEC. 3505. NDRF NATIONAL SECURITY MULTI-MISSION VESSEL.

(a) I

ENERAL

.—The Secretary of Transportation, in consulta-

tion with the Chief of Naval Operations and the Commandant

of the Coast Guard, shall ensure that the Maritime Administrator

takes all necessary actions—

(1) to complete the design of a national security multi-

mission vessel for the National Defense Reserve Fleet to allow

for the construction of such vessel to begin in fiscal year 2018;

and

(2) subject to the availability of appropriations, to have

an entity enter into a contract for the construction of such

vessel in accordance with this section.

(b) U

SE OF

ESSEL

.—A vessel constructed pursuant to this

section shall be for use—

(1) as a training vessel that can be provided to State

maritime academies under section 51504(b) of title 46, United

States Code; and

(2) in conducting humanitarian assistance, disaster

response, domestic and foreign emergency contingency oper-

ations, and other authorized uses of vessels of the National

Defense Reserve Fleet.

ONSTRUCTION AND

OCUMENTATION

EQUIREMENTS

.—A

vessel constructed pursuant to this section shall meet the require-

ments for and be issued a certificate of documentation and a coast-

wise endorsement under chapter 121 of title 46, United States

Code.

(d) D

ESIGN

TANDARDS AND

ONSTRUCTION

RACTICES

.—Sub-

ject to subsection (c), a vessel constructed pursuant to this section

shall be constructed using commercial design standards and

commercial construction practices that are consistent with the best

interests of the Federal Government.

(e) C

ONSULTATION

ITH

THER

EDERAL

NTITIES

.—The Mari-

time Administrator may consult and coordinate with the Secretary

of the Navy regarding the vessel described in subsection (a) and

activities associated with such vessel.

(f) C

ONTRACTING

.—The Maritime Administrator shall provide

for an entity other than the Maritime Administration to contract

for the construction of the vessel described in subsection (a).

(g) R

EPEAL OF

LAN

PPROVAL

EQUIREMENT

.—Section 109(j)(3)

of title 49, United States Code, is repealed.

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130 STAT. 2777 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 3506. SUPERINTENDENT OF UNITED STATES MERCHANT MARINE

ACADEMY.

(a) I

ENERAL

.—Section 51301 of title 46, United States Code,

is amended by adding at the end the following:

‘‘(c) S

UPERINTENDENT

.—

‘‘(1) I

N GENERAL

.—The immediate command of the United

States Merchant Marine Academy shall be in the Super-

intendent of the Academy, subject to the direction of the Mari-

time Administrator under the general supervision of the Sec-

retary of Transportation.

‘‘(2) A

PPOINTMENT

.—The Secretary of Transportation shall

appoint as the Superintendent—

‘‘(A) an individual who has—

‘‘(i) attained a general or flag officer rank in the

Navy, Army, Air Force, Marine Corps, Coast Guard,

or National Oceanic and Atmospheric Administration;

and

‘‘(ii) served at sea in any rank;

‘‘(B) an individual who has—

‘‘(i)(I) served at sea in the Navy, Army, Air Force,

Marine Corps, Coast Guard, or National Oceanic and

Atmospheric Administration; or

‘‘(II) held a valid Coast Guard merchant mariner

credential; and

‘‘(ii) demonstrated exemplary leadership in the

education of individuals in the Armed Forces or United

States merchant marine; or

‘‘(C) if a qualified individual described in subparagraph

(A) or (B) does not apply for the position, an individual

who has—

‘‘(i) attained the grade of captain or above in the

Navy, Coast Guard, or National Oceanic and

Atmospheric Administration or colonel or above in the

Army, Air Force, or Marine Corps; and

‘‘(ii) served at sea in any grade.

‘‘(3) R

ULE OF CONSTRUCTION

.—Notwithstanding paragraph

(2), the Secretary of Transportation may appoint an individual

who is the best qualified candidate, even if such individual

does not fully meet the criteria described in paragraph (2).’’.

(b) S

AVINGS

LAUSE

.—Nothing in this section may be construed

to require any change to the current leadership of the United

States Merchant Marine Academy.

SEC. 3507. USE OF NATIONAL DEFENSE RESERVE FLEET SCRAPPING

PROCEEDS.

(a) F

UNDING

LLOCATION

.—Section 308704 of title 54, United

States Code, is amended—

(1) in subsection (a)(1), by amending subparagraph (C)

to read as follows:

‘‘(C) The remainder shall be available to the Secretary

to carry out the Program, as provided in subsection (b).’’;

and

(2) in subsection (b), by amending paragraph (1) to read

as follows:

‘‘(1) A

LLOCATION

.—

46 USC 51301

note.

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130 STAT. 2778 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) I

N GENERAL

.—Except as provided in subparagraph

(B) and paragraph (2), of the amounts available each fiscal

year for the Program under subsection (a)(1)(C)—

‘‘(i) 50 percent shall be used for grants under sec-

tion 308703(b); and

‘‘(ii) 50 percent shall be used for grants under

section 308703(c).

‘‘(B) S

ET ASIDE

.—

‘‘(i) I

N GENERAL

.—Not less than 25 percent of the

amounts available each fiscal year for the Program

under subsection (a)(1)(C) shall be used for the

preservation and presentation to the public of the mari-

time heritage property of the Maritime Administration.

‘‘(ii) D

IRECT TRANSFERS

.—The Secretary may pro-

vide amounts used for the preservation and presen-

tation to the public of the maritime heritage property

of the Maritime Administration through direct trans-

fers to the Maritime Administration.

‘‘(iii) W

AIVER

.—The Maritime Administrator may

waive the application of clause (i) for any fiscal year.’’.

(b) C

ONFORMING

MENDMENT

.—Section 308703(c)(1) of title 54,

United States Code, is amended by striking ‘‘under section

308704(b)(1)(B)’’ and inserting ‘‘under section 308704(b)(1)(A)’’.

EPORTING

EQUIREMENT

.—Section 308703(j) of title 54,

United States Code, is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘Con-

gress’’ and inserting ‘‘the Committee on Commerce, Science,

and Transportation of the Senate, the Committee on Energy

and Natural Resources of the Senate, the Committee on Natural

Resources of the House of Representatives, the Committee on

Armed Services of the House of Representatives, and the Com-

mittee on Transportation and Infrastructure of the House of

Representatives’’;

(2) by redesignating paragraphs (1), (2), and (3) as para-

graphs (2), (3), and (4), respectively;

(3) by inserting before paragraph (2), as redesignated, the

following:

‘‘(1) the total number of grant applications submitted and

approved under the Program in the period covered by the

report;’’; and

(4) in paragraph (2), as redesignated, by inserting ‘‘detailed’’

before ‘‘description’’.

(d) A

NNUAL

EPORT BY THE

ARITIME

DMINISTRATION

.—

(1) I

N GENERAL

.—Not later than January 1 of each year,

the Maritime Administrator shall submit to the Committee

on Commerce, Science, and Transportation of the Senate and

the Committee on Armed Services and the Committee on

Transportation and Infrastructure of the House of Representa-

tives a report on the management of the Ship Disposal program

of the Maritime Administration.

(2) C

ONTENTS

.—Each report under paragraph (1) shall

include—

(A) the total amount of funds, attributable to the Ship

Disposal program of the Maritime Administration, credited

in the most recently completed fiscal year to—

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130 STAT. 2779 PUBLIC LAW 114–328—DEC. 23, 2016

(i) the Vessel Operations Revolving Fund estab-

lished by section 50301(a) of title 46, United States

Code; and

(ii) any other account;

(B) the balance of funds available at the end of that

fiscal year in—

(i) the Vessel Operations Revolving Fund; and

(ii) any other account for which a credited amount

was included under subparagraph (A)(ii);

distributions from the Vessel Operations Revolving Fund

in that fiscal year; and

(D) a summary of each maritime heritage project

selected by the Maritime Administrator, for preservation

and presentation to the public of the Maritime Administra-

tion’s maritime heritage property, for which funds from

the Vessel Operations Revolving Fund were expended in

that fiscal year.

(e) A

SSESSMENTS BY THE

ARITIME

DMINISTRATION

.—

(1) I

N GENERAL

.—Not later than 1 year after the date

of the enactment of this Act, and biennially thereafter, the

Maritime Administrator shall complete an assessment of the

Ship Disposal program of the Maritime Administration.

(2) C

ONTENTS

.—Each assessment under paragraph (1) shall

include—

(A) an inventory of each vessel, subject to a disposal

agreement or a memorandum of agreement with another

Federal agency relating to the disposal of the vessel, for

which the Maritime Administration is acting as the dis-

posal agency, including—

(i) the age of the vessel; and

(ii) the name of the Federal agency that has or

had custody over the vessel prior to any disposal agree-

ment or memorandum of agreement with the Maritime

Administration;

(B) an inventory of each vessel of a Federal agency

that may meet the criteria for the Maritime Administration

to act as the disposal agency, including—

(i) the age of the vessel;

(ii) the name of the applicable Federal agency;

and

(iii) whether the vessel is expected to be declared

obsolete and dismantled in the next 5 years;

priate, for the vessels described in subparagraph (B);

(D) a plan for the timely distribution of the proceeds

that the Maritime Administration currently has in ship

disposal accounts;

(E) a projection of future distributions of such proceeds;

and

(F) any other assessment related to the Ship Disposal

program that the Maritime Administrator determines

appropriate.

(3) I

NCLUSION IN THE ANNUAL REPORT

.—A detailed descrip-

tion of the results of each assessment under paragraph (1)

shall be included in the annual report under subsection (d)

for the year in which the assessment was completed.

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130 STAT. 2780 PUBLIC LAW 114–328—DEC. 23, 2016

(f) C

ESSATION OF

FFECTIVENESS

.—Subsections (d) and (e) of

this section shall cease to be effective on the date that is 5 years

and 1 day after the date of the enactment of this Act.

SEC. 3508. FLOATING DRY DOCKS.

Section 55122 of title 46, United States Code, is amended—

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following:

‘‘(b) D

OCKS FOR

ONSTRUCTION OF

ERTAIN

AVAL

SELS

.—

‘‘(1) I

N GENERAL

.—In applying subsection (a) to a floating

dry dock used for the construction of naval vessels in a shipyard

located in the United States, the ownership and operation

requirement in paragraph (1)(B) of that subsection shall be

treated as satisfied and ‘December 19, 2017’ shall be substituted

for the date referred to in paragraph (1)(C) of that subsection

if the Secretary of the Navy determines that—

‘‘(A) such dry dock is necessary for the timely comple-

tion of such construction; and

‘‘(B) such dry dock—

‘‘(i) is owned and operated by—

‘‘(I) a shipyard located in the United States

that is an eligible owner specified under section

12103(b); or

‘‘(II) an affiliate of such a shipyard; or

‘‘(ii) is—

‘‘(I) owned by the State in which the shipyard

is located or a political subdivision of that State;

and

‘‘(II) operated by a shipyard located in the

United States that is an eligible owner specified

under section 12103(b).

‘‘(2) N

OTICE TO CONGRESS

.—Not later than 30 days after

making a determination under paragraph (1), the Secretary

of the Navy shall notify the Committee on Armed Services

and the Committee on Transportation and Infrastructure of

the House of Representatives and the Committee on Armed

Services and the Committee on Commerce, Science, and

Transportation of the Senate of such determination.’’.

SEC. 3509. TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS

FOR INDIVIDUALS UNDERGOING SEPARATION, DIS-

CHARGE, OR RELEASE FROM THE ARMED FORCES.

(a) I

ENERAL

.—Section 70105 of title 46, United States Code,

is amended—

(1) in subsection (b)(2), by striking ‘‘and’’ after the semicolon

at the end of subparagraph (F), by redesignating subparagraph

(G) as subparagraph (H), and by inserting after subparagraph

(F) the following:

‘‘(G) a member of the Armed Forces who—

‘‘(i) is undergoing separation, discharge, or release from

the Armed Forces under honorable conditions;

‘‘(ii) applies for a transportation security card; and

‘‘(iii) is otherwise eligible for such a card; and’’; and

(2) by amending subsection (j) to read as follows:

‘‘(j) P

RIORITY

ROCESSING FOR

EPARATING

ERVICE

BERS

.—(1) The Secretary and the Secretary of Defense shall enter

into a memorandum of understanding regarding the submission

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130 STAT. 2781 PUBLIC LAW 114–328—DEC. 23, 2016

and processing of applications for transportation security cards

under subsection (b)(2)(G).

‘‘(2) Not later than 30 days after the submission of such an

application by an individual who is eligible to submit such an

application, the Secretary shall process and approve or deny the

application unless an appeal or waiver applies or further application

documentation is necessary.’’.

(b) D

EADLINE FOR

EMORANDUM

.—The Secretary of the depart-

ment in which the Coast Guard is operating and the Secretary

of Defense shall enter into the memorandum of understanding

required by the amendment made by subsection (a)(2) by not later

than 180 days after the date of the enactment of this Act.

PPLICATION OF

ROCESSING

EADLINE

.—Section 70105(j)(2)

of title 46, United States Code, as amended by this section, shall

apply to applications for transportation security cards submitted

after the expiration of the 180-day period beginning on the date

of the enactment of this Act.

(d) R

EPORTS

.—

(1) I

NITIAL REPORT

.—

(A) R

EQUIREMENT

.—Not later than 1 year after the

date of the enactment of this Act, the Secretary of Defense

and the Secretary of Homeland Security shall jointly submit

a report described in subparagraph (B) to the Committee

on Armed Services, the Committee on Commerce, Science,

and Transportation, and the Committee on Homeland Secu-

rity and Governmental Affairs of the Senate and the Com-

mittee on Armed Services, the Committee on Homeland

Security, and the Committee on Transportation and Infra-

structure of the House of Representatives.

(B) C

ONTENTS

.—The report under subparagraph (A)

shall include the following:

(i) The memorandum of understanding required

by section 70105(j)(1) of title 46, United States Code,

as amended by this section.

(ii) The number of individuals eligible to apply

for a transportation security card under section

70105(b)(2)(G) of title 46, United States Code, as

amended by this section, the number of such individ-

uals who applied for such a card, and the number

of such individuals who have been issued such a card,

as of the date of the report.

(iii) If the Secretary failed to process and approve

or deny any applications received from individuals

eligible to apply for such a card under such section

before the deadline specified in section 70105(j)(2) of

such title, as amended by this section, a description

of the reasons for the failure and of the actions being

taken to assure that future applications are processed

and issued or denied within such deadline.

(2) S

UBSEQUENT REPORT

.—Not later than 2 years after

the date of enactment of this Act, the Secretary of Defense

and the Secretary of Homeland Security shall jointly submit

a report to such Committees containing the information

described in clauses (ii) and (iii) of paragraph (1)(B).

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130 STAT. 2782 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 3510. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND SEXUAL

ASSAULT AT THE UNITED STATES MERCHANT MARINE

ACADEMY.

(a) P

OLICY

.—Chapter 513 of title 46, United States Code, is

amended by adding at the end the following:

‘‘§ 51318. Policy on sexual harassment and sexual assault

‘‘(a) R

EQUIRED

OLICY

.—

‘‘(1) I

N GENERAL

.—The Secretary of Transportation shall

direct the Superintendent of the United States Merchant

Marine Academy to prescribe a policy on sexual harassment

and sexual assault applicable to the cadets and other personnel

of the Academy.

‘‘(2) M

ATTERS TO BE SPECIFIED IN POLICY

.—The policy on

sexual harassment and sexual assault prescribed under this

subsection shall include—

‘‘(A) a program to promote awareness of the incidence

of rape, acquaintance rape, and other sexual offenses of

a criminal nature that involve cadets or other Academy

personnel;

‘‘(B) procedures that a cadet or other Academy per-

sonnel should follow in the case of an occurrence of sexual

harassment or sexual assault, including—

‘‘(i) specifying the person or persons to whom an

alleged occurrence of sexual harassment or sexual

assault should be reported by the victim and the

options for confidential reporting;

‘‘(ii) specifying any other person whom the victim

should contact; and

‘‘(iii) procedures on the preservation of evidence

potentially necessary for proof of criminal sexual

assault;

‘‘(C) a procedure for disciplinary action in cases of

alleged criminal sexual assault involving a cadet or other

Academy personnel;

‘‘(D) any other sanction authorized to be imposed in

a substantiated case of sexual harassment or sexual assault

involving a cadet or other Academy personnel in rape,

acquaintance rape, or any other criminal sexual offense,

whether forcible or nonforcible;

‘‘(E) procedures through which—

‘‘(i) questions regarding sexual harassment or

sexual assault can be confidentially asked and con-

fidentially answered;

‘‘(ii) victims can report incidents of sexual assault

confidentially; and

‘‘(iii) the privacy of victims of sexual harassment

and sexual assault will be protected; and

‘‘(F) required training on the policy for all cadets and

other Academy personnel, including the specific training

required for personnel who process allegations of sexual

harassment or sexual assault involving Academy personnel.

‘‘(3) A

VAILABILITY OF POLICY

.—The Secretary shall ensure

that the policy developed under this subsection is available

to—

‘‘(A) all cadets and employees of the Academy; and

‘‘(B) the public.

46 USC 51318.

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130 STAT. 2783 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(4) C

ONSULTATION AND ASSISTANCE

.—In developing the

policy under this subsection, the Secretary may consult with

or receive assistance from such Federal, State, local, and

national organizations and subject matter experts as the Sec-

retary considers appropriate.

‘‘(b) D

EVELOPMENT

ROGRAM

.—

‘‘(1) I

N GENERAL

.—The Secretary shall ensure that the

development program of the Academy includes a section that—

‘‘(A) describes the relationship between honor, respect,

and character development and the prevention of sexual

harassment and sexual assault at the Academy;

‘‘(B) includes a brief history of the problem of sexual

harassment and sexual assault in the merchant marine,

in the Armed Forces, and at the Academy; and

‘‘(C) includes information relating to reporting sexual

harassment and sexual assault, victims’ rights, and dis-

missal for offenders.

‘‘(2) M

INIMUM TRAINING REQUIREMENTS

.—The Super-

intendent shall ensure that all cadets receive training on the

sexual harassment and sexual assault prevention and response

sections of the development program of the Academy, as

described in paragraph (1), as follows:

‘‘(A) An initial training session, which shall occur not

later than 7 days after a cadet’s initial arrival at the

Academy.

‘‘(B) Additional training sessions, which shall occur

biannually following the cadet’s initial training session

until the cadet graduates or leaves the Academy.

‘‘(c) A

NNUAL

SSESSMENT

.—

‘‘(1) I

N GENERAL

.—The Secretary, in cooperation with the

Superintendent, shall conduct an assessment at the Academy,

during each Academy program year, to determine the effective-

ness of the policies, procedures, and training program of the

Academy with respect to sexual harassment and sexual assault

involving cadets or other Academy personnel.

‘‘(2) B

IENNIAL SURVEY

.—For each assessment of the

Academy under paragraph (1) during an Academy program

year that begins in an odd-numbered calendar year, the Sec-

retary shall conduct a survey of cadets and other Academy

personnel—

‘‘(A) to measure—

‘‘(i) the incidence, during that program year, of

sexual harassment and sexual assault events involving

cadets or other Academy personnel, on or off the

Academy campus, that have been reported to officials

of the Academy; and

‘‘(ii) the incidence, during that program year, of

sexual harassment and sexual assault events involving

cadets or other Academy personnel, on or off the

Academy campus, that have not been reported to offi-

cials of the Academy; and

‘‘(B) to assess the perceptions of cadets and other

Academy personnel on—

‘‘(i) the policies, procedures, and training programs

of the Academy on sexual harassment and sexual

assault involving cadets or other Academy personnel;

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130 STAT. 2784 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(ii) the enforcement of the policies described in

clause (i);

‘‘(iii) the incidence of sexual harassment and sexual

assault involving cadets or other Academy personnel;

and

‘‘(iv) any other issues relating to sexual harass-

ment and sexual assault involving cadets or other

Academy personnel.

‘‘(3) F

OCUS GROUPS FOR YEARS WHEN SURVEY NOT

REQUIRED

.—In any year in which the Secretary is not required

to conduct the survey described in paragraph (2), the Secretary

shall conduct focus groups at the Academy for the purposes

of ascertaining information relating to sexual assault and

sexual harassment issues at the Academy.

‘‘(d) A

NNUAL

EPORT

.—

‘‘(1) I

N GENERAL

.—For each Academy program year, the

Superintendent shall submit to the Secretary a report that

provides information about sexual harassment and sexual

assault involving cadets or other Academy personnel.

‘‘(2) C

ONTENTS

.—Each report submitted under paragraph

(1) shall include, for the Academy program year covered by

the report—

‘‘(A) the number of sexual assaults, rapes, and other

sexual offenses involving cadets or other Academy per-

sonnel that have been reported to Academy officials;

‘‘(B) the number of the reported cases described in

subparagraph (A) that have been substantiated;

‘‘(C) the policies, procedures, and training implemented

by the Superintendent and the leadership of the Academy

in response to incidents of sexual harassment and sexual

assault involving cadets and other Academy personnel; and

‘‘(D) a plan for the actions that will be taken in the

following Academy program year regarding prevention of,

and response to, incidents of sexual harassment and sexual

assault involving cadets and other Academy personnel.

‘‘(3) S

URVEY AND FOCUS GROUP RESULTS

.—

‘‘(A) S

URVEY RESULTS

.—Each report under paragraph

(1) for an Academy program year that begins in an odd-

numbered calendar year shall include the results of the

survey conducted in that program year under subsection

(c)(2).

‘‘(B) F

OCUS GROUP RESULTS

.—Each report under para-

graph (1) for an Academy program year in which the Sec-

retary is not required to conduct the survey described in

subsection (c)(2) shall include the results of the focus group

conducted in that program year under subsection (c)(3).

‘‘(4) R

EPORTING REQUIREMENT

.—

‘‘(A) B

Y THE SUPERINTENDENT

.—For each incident of

sexual harassment or sexual assault reported to the Super-

intendent, the Superintendent shall provide to the Sec-

retary and the Board of Visitors of the Academy a report

that includes—

‘‘(i) the facts surrounding the incident, except for

any details that would reveal the identities of the

people involved; and

‘‘(ii) the Academy’s response to the incident.

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130 STAT. 2785 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(B) B

Y THE SECRETARY

.—The Secretary shall submit

a copy of each report received under subparagraph (A)

and the Secretary’s comments on the report to the Com-

mittee on Commerce, Science, and Transportation of the

Senate and the Committee on Transportation and Infra-

structure of the House of Representatives.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections for chapter

513 of title 46, United States Code, is amended by adding at

the end the following:

‘‘51318. Policy on sexual harassment and sexual assault.’’.

SEC. 3511. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL

ASSAULT VICTIM ADVOCATES.

(a) C

OORDINATORS AND

DVOCATES

.—Chapter 513 of title 46,

United States Code, as amended by this Act, is further amended

by adding at the end the following:

‘‘§ 51319. Sexual assault response coordinators and sexual

assault victim advocates

‘‘(a) S

EXUAL

SSAULT

ESPONSE

OORDINATORS

.—The United

States Merchant Marine Academy shall employ or contract with

at least 1 full-time sexual assault response coordinator who shall

reside at or near the Academy. The Secretary of Transportation

may assign additional full-time or part-time sexual assault response

coordinators at the Academy as necessary.

‘‘(b) V

OLUNTEER

EXUAL

SSAULT

ICTIM

DVOCATES

.—

‘‘(1) I

N GENERAL

.—The Secretary, acting through the Super-

intendent of the Academy, shall designate from among volun-

teers 1 or more permanent employees of the Academy to serve

as advocates for victims of sexual assaults involving cadets

of the Academy or other Academy personnel.

‘‘(2) T

RAINING

;

OTHER DUTIES

.—Each victim advocate des-

ignated under this subsection shall—

‘‘(A) have or receive training in matters relating to

sexual assault and the comprehensive policy developed

under section 51318; and

‘‘(B) serve as a victim advocate voluntarily, in addition

to the individual’s other duties as an employee of the

Academy.

‘‘(3) P

RIMARY DUTIES

.—While performing the duties of a

victim advocate under this subsection, a designated employee

shall—

‘‘(A) support victims of sexual assault by informing

them of the rights and resources available to them as

victims;

‘‘(B) identify additional resources to ensure the safety

of victims of sexual assault; and

‘‘(C) connect victims of sexual assault to companions,

as described in paragraph (4).

‘‘(4) C

OMPANIONS

.—

‘‘(A) I

N GENERAL

.—At least 1 victim advocate des-

ignated under this subsection, or a sexual assault response

coordinator designated under subsection (a), while per-

forming the duties of a victim advocate, shall act as a

companion to a victim described in paragraph (1) in navi-

gating investigative, medical, mental, and emotional

health, and recovery processes relating to sexual assault.

46 USC 51319

note.

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130 STAT. 2786 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(B) A

LTERNATE VICTIM ADVOCATES

.—If requested by

the victim, an alternate victim advocate shall be designated

under this subsection to act as a companion to the victim,

as described in subparagraph (A).

‘‘(5) H

OTLINE

.—The Secretary shall establish a 24-hour hot-

line through which the victim of a sexual assault described

in paragraph (1) can receive victim support services.

‘‘(6) F

ORMAL RELATIONSHIPS WITH OTHER ENTITIES

.—The

Secretary may enter into formal relationships with other enti-

ties to make available additional victim advocates or to imple-

ment paragraphs (3), (4), and (5).’’.

(b) C

LERICAL

MENDMENT

.—The table of sections for chapter

513 of title 46, United States Code, as amended by this Act, is

further amended by adding at the end the following:

‘‘51319. Sexual assault response coordinators and sexual assault victim advocates.’’.

SEC. 3512. REPORT FROM THE DEPARTMENT OF TRANSPORTATION

INSPECTOR GENERAL.

(a) I

ENERAL

.—Not later than March 31, 2018, the Inspector

General of the Department of Transportation shall submit to the

Committee on Commerce, Science, and Transportation of the Senate

and the Committee on Transportation and Infrastructure of the

House of Representatives a report that describes the effectiveness

of the sexual harassment and sexual assault prevention and

response program at the United States Merchant Marine Academy.

(b) C

ONTENTS

.—The report required under subsection (a)

shall—

(1) assess progress toward addressing any outstanding rec-

ommendations;

(2) include any recommendations to reduce the number

of sexual assaults involving members of the Academy, whether

a member is the victim, the alleged assailant, or both; and

(3) include any recommendations to improve the response

of the Department and the Academy to reports of sexual

assaults involving members of the Academy, whether a member

is the victim, a member is the alleged assailant, or both.

XPERTISE

.—In compiling the report required under this

section, the Inspector General shall—

(1) include on the inspection teams acting under the direc-

tion of the Inspector General at least 1 member with expertise

and knowledge of sexual assault prevention and response poli-

cies; or

(2) consult with subject matter experts in the prevention

of and response to sexual assaults.

SEC. 3513. SEXUAL ASSAULT PREVENTION AND RESPONSE WORKING

GROUP.

(a) I

ENERAL

.—Not later than 21 days after the date of

the enactment of this Act, the Maritime Administrator shall convene

a working group to examine methods to improve the prevention

of, and response to, any sexual harassment, sexual assault, or

other inappropriate conduct, as well as methods to improve the

shipboard climate, that occurs during a cadet’s Sea Year experience

with the United States Merchant Marine Academy.

(b) M

EMBERSHIP

.—The working group shall be composed of

members designated by the Maritime Administrator as follows:

46 USC

prec. 51301.

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130 STAT. 2787 PUBLIC LAW 114–328—DEC. 23, 2016

(1) A representative of the Maritime Administration, who

shall serve as the chair of the working group.

(2) The Superintendent of the Academy (or the Super-

intendent’s designee).

(3) A sexual assault response coordinator appointed under

section 51319 of title 46, United States Code, as added by

this Act.

(4) A subject matter expert from the Coast Guard.

(5) A subject matter expert from the Military Sealift Com-

mand.

(6) A subject matter expert from the National Oceanic

and Atmospheric Administration.

(7) At least 1 representative from each State maritime

academy.

(8) At least 1 representative from each private contracting

party participating in the maritime security program.

(9) At least 1 representative from each nonprofit labor

organization representing a class or craft of employees employed

on vessels in the Maritime Security Fleet.

(10) At least 2 representatives from approved maritime

training institutions.

(11) At least 1 representative from companies that—

(A) participate in sea training of Academy cadets; and

(B) do not participate in the maritime security pro-

gram.

(12) Such additional individuals as the Maritime Adminis-

trator may designate.

UORUM

EQUIREMENT

.—The chair may convene the

working group without all members present.

(d) R

ESPONSIBILITIES

.—The working group shall—

(1) evaluate options that could promote a climate of honor

and respect, and a culture that is intolerant of sexual harass-

ment, sexual assault, or other inappropriate conduct and those

who commit it, with operators of vessels of the United States;

(2) raise awareness of sexual harassment, sexual assault,

or other inappropriate conduct with operators of vessels of

the United States;

(3) assess options that could be implemented by the opera-

tors of vessels of the United States that would remove any

barriers to the reporting of sexual harassment, sexual assault,

or other inappropriate conduct that occurs during a cadet’s

Sea Year experience and protect the victim’s confidentiality;

(4) assess a potential program or policy to improve the

prevention of, and response to, incidents of sexual harassment,

sexual assault, or other inappropriate conduct;

(5) assess a potential program or policy requiring crews

to complete a sexual harassment and sexual assault prevention

and response training program before the cadet’s Sea Year

that includes—

(A) fostering a shipboard climate—

(i) that does not tolerate sexual harassment, sexual

assault, or other inappropriate conduct;

(ii) in which persons assigned to vessel crews are

encouraged to intervene to prevent such potential

incidents; and

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130 STAT. 2788 PUBLIC LAW 114–328—DEC. 23, 2016

(iii) that encourages victims to report any incident

of sexual harassment, sexual assault, or other inappro-

priate conduct; and

(B) promoting an understanding of the needs of, and

the resources available to, a victim after an incident of

sexual harassment, sexual assault, or other inappropriate

conduct;

(6) assess all other feasible changes to Sea Year training

at the Academy, and corresponding changes to curricula, to

improve prevention of and response to incidents of sexual

harassment, sexual assault, and other inappropriate conduct;

and

(7) assess how vessel operators could ensure the confiden-

tiality of a report of sexual harassment, sexual assault, or

other inappropriate conduct in order to protect the victim and

prevent retribution.

(e) R

EPORT

.—Not later than 9 months after the date of the

enactment of this Act, the working group shall submit to the Com-

mittee on Commerce, Science, and Transportation of the Senate

and the Committee on Transportation and Infrastructure of the

House of Representatives a report that includes—

(1) recommendations on each of the working group’s respon-

sibilities described in subsection (d);

(2) a description of the trade-offs, opportunities, and chal-

lenges associated with the recommendations described in para-

graph (1);

(3) a description of administrative actions taken as result

of the recommendations described in paragraph (1); and

(4) any other information the working group determines

appropriate.

SEC. 3514. SEA YEAR COMPLIANCE.

Not later than 90 days after the date of the enactment of

this Act, the Maritime Administrator, in consultation with operators

of commercial vessels of the United States, shall establish—

(1) criteria that vessel operators must meet in order to

participate in the Sea Year program of the United States Mer-

chant Marine Academy that addresses sexual harassment,

sexual assault, and other inappropriate conduct; and

(2) a process for verifying compliance with the criteria.

SEC. 3515. STATE MARITIME ACADEMY PHYSICAL STANDARDS AND

REPORTING.

Section 51506 of title 46, United States Code, is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking

‘‘must’’ and inserting ‘‘shall’’;

(B) in paragraph (2), by striking ‘‘and’’ at the end;

end and inserting ‘‘; and’’; and

(D) by adding at the end the following:

‘‘(4) agree that any individual enrolled at such State mari-

time academy in a merchant marine officer preparation pro-

gram—

‘‘(A) shall, not later than 9 months after such individ-

ual’s date of enrollment, pass an examination in form and

substance satisfactory to the Secretary that demonstrates

46 USC 51318

note.

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130 STAT. 2789 PUBLIC LAW 114–328—DEC. 23, 2016

that such individual meets the medical and physical

requirements—

‘‘(i) required for the issuance of an original license

under section 7101; or

‘‘(ii) set by the Coast Guard for issuing merchant

mariners’ documentation under section 7302, with no

limit to the individual’s operational authority;

‘‘(B) following passage of the examination under

subparagraph (A), shall continue to meet the requirements

described in subparagraph (A) throughout the remainder

of the individual’s enrollment at the State maritime

academy; and

‘‘(C) if the individual has a medical or physical condi-

tion that disqualifies the individual from meeting the

requirements referred to in subparagraph (A), shall be

transferred to a program other than a merchant marine

officer preparation program, or otherwise appropriately

disenrolled from such State maritime academy, until the

individual demonstrates to the Secretary that the indi-

vidual meets such requirements.’’; and

(2) by adding at the end the following:

‘‘(c) S

ECRETARIAL

AIVER

UTHORITY

.—The Secretary may

modify or waive any of the terms set forth in subsection (a)(4)

with respect to any individual or State maritime academy.’’.

SEC. 3516. APPOINTMENTS.

(a) I

ENERAL

.—Section 51303 of title 46, United States Code,

is amended by striking ‘‘40’’ and inserting ‘‘50’’.

(b) C

LASS

ROFILES

.—

(1) I

N GENERAL

.—Not later than August 31 of each year,

the Superintendent of the United States Merchant Marine

Academy shall post on the Academy’s public website a profile

of each class at the Academy.

(2) C

ONTENTS

.—Each profile posted under paragraph (1)

shall include, for the incoming class of the Academy and for

the 4 classes that preceded that class at the Academy, the

number and percentage of students by—

(A) State;

(B) country;

(D) race and ethnicity; and

(E) prior military service.

SEC. 3517. MARITIME WORKFORCE WORKING GROUP.

(a) I

ENERAL

.—Not later than 120 days after the date of

the enactment of this Act, the Maritime Administrator, in consulta-

tion with the Coast Guard Merchant Marine Personnel Advisory

Committee and the Committee on the Marine Transportation

System, shall convene a working group to examine and assess

the size of the pool of United States citizen mariners necessary

to support the United States flag fleet in times of national emer-

gency.

(b) M

EMBERSHIP

.—The Maritime Administrator shall designate

individuals to serve as members of the working group convened

under subsection (a). The working group shall include, at a min-

imum, at least 1 representative from each of—

(1) the Maritime Administration, who shall serve as chair-

person of the working group;

46 USC 51301

note.

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130 STAT. 2790 PUBLIC LAW 114–328—DEC. 23, 2016

(2) the United States Merchant Marine Academy;

(3) the Coast Guard;

(4) the Military Sealift Command;

(5) the Navy;

(6) the State maritime academies;

(7) a nonprofit labor organization representing a class of

licensed employees who are employed on vessels operating in

the United States flag fleet;

(8) a nonprofit labor organization representing a class of

unlicensed employees who are employed on vessels operating

in the United States flag fleet;

(9) the pool of owners of vessels operating in the United

States flag fleet, or their private contracting parties, that are

primarily operating in coastwise trades; and

(10) the pool of owners of vessels operating in the United

States flag fleet, or their private contracting parties, that are

primarily operating in international transportation.

UORUM

EQUIREMENT

.—The Maritime Administrator

may convene the working group virtually and without all members

present.

(d) R

ESPONSIBILITIES

.—The working group shall—

(1) identify the number of United States citizen mariners—

(A) in total;

(B) that have a valid Coast Guard merchant mariner

credential with the necessary endorsements for service on

unlimited tonnage vessels that are subject to the Inter-

national Convention on Standards of Training, Certification

and Watchkeeping for Seafarers, 1978, as amended;

the United States merchant marine and the United States

flag fleet;

(D) that are available to crew the United States flag

fleet and the surge sealift fleet in times of a national

emergency;

(E) that are full-time mariners;

(F) that have sailed in the prior 18 months;

(G) that are primarily operating in noncontiguous or

coastwise trades; and

(H) that are merchant mariner credentialed officers

in the United States Navy Reserve;

(2) assess the impact on the United States merchant marine

and United States Merchant Marine Academy if graduates

from State maritime academies and the United States Merchant

Marine Academy were assigned to, or required to fulfill, certain

maritime positions based on the overall needs of the United

States merchant marine;

(3) assess the Coast Guard Merchant Mariner Licensing

and Documentation System and its accessibility and value to

the Maritime Administration for the purposes of evaluating

the pool of United States citizen mariners; and

(4) make recommendations to enhance the availability and

quality of interagency data, including data from the United

States Transportation Command, the Coast Guard, the Navy,

and the Bureau of Transportation Statistics, for use by the

Maritime Administration for evaluating the pool of United

States citizen mariners.

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130 STAT. 2791 PUBLIC LAW 114–328—DEC. 23, 2016

(e) R

EPORT

.—Not later than 1 year after the date of the enact-

ment of this Act, the Secretary of Transportation shall submit

a report to the Committee on Commerce, Science, and Transpor-

tation of the Senate, the Committee on Armed Services of the

House of Representatives, and the Committee on Transportation

and Infrastructure of the House of Representatives that contains

the results of the study conducted under this section, including—

(1) the number of United States citizen mariners identified

for each category described in subparagraphs (A) through (H)

of subsection (d)(1);

(2) the results of the assessments conducted under para-

graphs (2) and (3) of subsection (d); and

(3) the recommendations made under subsection (d)(4).

(f) I

NCLUSION OF

ERCHANT

ARINE

CREDENTIALED

FFICERS

IN THE

AVY

ESERVE

.—For the purposes of this section, the term

‘‘United States citizen mariners’’ includes, but is not limited to,

officers in the United States Navy Reserve who are holders of

merchant mariner credentials, as determined by the Secretary of

the Navy.

(g) S

UNSET

.—The Maritime Administrator may disband the

working group upon submission of the report under subsection

(e).

SEC. 3518. MARITIME EXTREME WEATHER TASK FORCE.

(a) E

STABLISHMENT OF

ASK

ORCE

.—Not later than 15 days

after the date of the enactment of this Act, the Secretary of

Transportation shall establish a task force to analyze the impact

of extreme weather events, such as in the maritime environment

(referred to in this section as the ‘‘Task Force’’).

(b) M

EMBERSHIP

.—The Task Force shall be composed of—

(1) the Secretary or the Secretary’s designee; and

(2) a representative of—

(A) the Coast Guard;

(B) the National Oceanic and Atmospheric Administra-

tion; and

sion as the Secretary considers appropriate.

EPORT

.—

(1) I

N GENERAL

.—Except as provided in paragraph (4), not

later than 180 days after the date it is established under

subsection (a), the Task Force shall submit to the Committee

on Commerce, Science, and Transportation of the Senate and

the Committee on Transportation and Infrastructure of the

House of Representatives a report on the analysis under sub-

section (a).

(2) C

ONTENTS

.—The report under paragraph (1) shall

include—

(A) an identification of available weather prediction,

monitoring, and routing technology resources;

(B) an identification of industry best practices relating

to response to, and prevention of marine casualties from,

extreme weather events;

subparagraph (A) are used in the various maritime sectors,

including by passenger and cargo vessels;

(D) recommendations for improving maritime response

operations to extreme weather events and preventing

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130 STAT. 2792 PUBLIC LAW 114–328—DEC. 23, 2016

marine casualties from extreme weather events, such as

promoting the use of risk communications and the tech-

nologies identified under subparagraph (A); and

(E) recommendations for any legislative or regulatory

actions for improving maritime response operations to

extreme weather events and preventing marine casualties

from extreme weather events.

(3) P

UBLICATION

.—The Secretary shall make the report

under paragraph (1) and any notification under paragraph (4)

publicly accessible in an electronic format.

(4) I

MMINENT THREATS

.—The Task Force shall immediately

notify the Secretary of any finding or recommendations that

could protect the safety of an individual on a vessel from

an imminent threat of extreme weather.

SEC. 3519. WORKFORCE PLANS AND ONBOARDING POLICIES.

(a) W

ORKFORCE

LANS

.—Not later than 9 months after the

date of the enactment of this Act, the Maritime Administrator

shall review the Maritime Administration’s workforce plans,

including its Strategic Human Capital Plan and Leadership Succes-

sion Plan, and fully implement competency models for mission-

critical occupations, including—

(1) leadership positions;

(2) human resources positions; and

(3) transportation specialist positions.

(b) O

NBOARDING

OLICIES

.—Not later than 9 months after the

date of the enactment of this Act, the Maritime Administrator

shall—

(1) review the Maritime Administration’s policies related

to new hire orientation, training, and misconduct;

(2) align the onboarding policies and procedures at head-

quarters and the field offices to ensure consistent implementa-

tion and provision of critical information across the Maritime

Administration; and

(3) update the Maritime Administration’s training policies

and training systems to include controls that ensure that all

completed training is tracked in a standardized training reposi-

tory.

EPORT

.—Not later than 1 year after the date of the enact-

ment of this Act, the Maritime Administrator shall submit a report

to the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Armed Services and the Com-

mittee on Transportation and Infrastructure of the House of Rep-

resentatives that describes the Maritime Administration’s compli-

ance with the requirements under this section.

SEC. 3520. DRUG AND ALCOHOL POLICY.

(a) R

EVIEW

.—Not later than 9 months after the date of the

enactment of this Act, the Maritime Administrator shall—

(1) review the Maritime Administration’s drug and alcohol

policies, procedures, and training practices;

(2) ensure that all fleet managers have received training

on the Department of Transportation’s drug and alcohol policy,

including the testing procedures used by the Department and

the Maritime Administration in cases of reasonable suspicion;

and

49 USC 109 note.

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130 STAT. 2793 PUBLIC LAW 114–328—DEC. 23, 2016

(3) institute a system for tracking all drug and alcohol

policy training conducted under paragraph (2) in a standardized

training repository.

(b) R

EPORT

.—Not later than 1 year after the date of the enact-

ment of this Act, the Maritime Administrator shall submit a report

to the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Armed Services and the Com-

mittee on Transportation and Infrastructure of the House of Rep-

resentatives that describes the Maritime Administration’s compli-

ance with the requirements under this section.

SEC. 3521. VESSEL TRANSFERS.

Not later than 9 months after the date of the enactment of

this Act, the Maritime Administrator shall submit a report to the

Committee on Commerce, Science, and Transportation of the Senate

and the Committee on Armed Services and the Committee on

Transportation and Infrastructure of the House of Representatives

that describes the Maritime Administration policies and procedures

for vessel transfer, including—

(1) a summary of the actions taken to update the Vessel

Transfer Office procedures manual to reflect the current range

of program responsibilities and processes; and

(2) a copy of the updated Vessel Transfer Office procedures

to process vessel transfer applications.

SEC. 3522. CLARIFYING AMENDMENT; CONTINUATION BOARDS.

Section 290(a) of title 14, United States Code, is amended

by striking ‘‘five officers serving in the grade of vice admiral’’

and inserting ‘‘5 officers (other than the Commandant) serving

in the grade of admiral or vice admiral’’.

SEC. 3523. POLAR ICEBREAKER RECAPITALIZATION PLAN.

(a) R

EQUIREMENT

.—Not later than 120 days after the date

of the enactment of this Act, the Secretary, in consultation with

the Secretary of the Navy, shall submit to the appropriate commit-

tees of Congress a detailed recapitalization plan to address the

2013 Department of Homeland Security Mission Need Statement

with respect to icebreaking.

(b) C

ONTENTS

.—The plan required under subsection (a) shall—

(1) detail the number of heavy and medium polar ice-

breakers required to meet Coast Guard statutory missions in

the polar regions;

(2) identify the vessel specifications, capabilities, systems,

equipment, and other details required for the design of heavy

polar icebreakers capable of fulfilling the mission requirements

of the Coast Guard and the Navy, and the requirements of

other agencies and departments of the United States, as the

Secretary determines appropriate;

(3) list the specific appropriations required for the acquisi-

tion of each icebreaker, for each fiscal year, until the full

fleet is recapitalized;

(4) describe the potential savings of serial acquisition for

new polar class icebreakers, including specific schedule and

acquisition requirements needed to realize such savings;

(5) describe any polar icebreaking capacity gaps that may

arise based on the current fleet and current procurement out-

look; and

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130 STAT. 2794 PUBLIC LAW 114–328—DEC. 23, 2016

(6) describe any additional polar icebreaking capability gaps

that may arise due to any further delay in procurement sched-

ules.

EFINITIONS

.—In this section, the following definitions

apply:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means the Committee

on Commerce, Science, and Transportation of the Senate and

the Committee on Transportation and Infrastructure of the

House of Representatives.

(2) S

ECRETARY

.—Except as otherwise specifically provided,

the term ‘‘Secretary’’ means the Secretary of the department

in which the Coast Guard is operating.

SEC. 3524. GAO REPORT ON ICEBREAKING CAPABILITY IN UNITED

STATES.

(a) R

EQUIREMENT

.—Not later than 180 days after the date

of the enactment of this Act, the Comptroller General of the United

States shall submit to the appropriate committees of Congress

a report on the current state of the United States Federal

icebreaking fleet.

(b) C

ONTENTS

.—The report required under subsection (a) shall

include—

(1) an analysis of the icebreaking assets in operation in

the United States and a description of the missions completed

by such assets;

(2) an analysis of how such assets and the capabilities

of such assets are consistent, or inconsistent, with the

icebreaking mission requirements described in the 2013 Depart-

ment of Homeland Security Mission Need Statement, the Naval

Operations Concept 2010, and other military and civilian

governmental missions in the United States;

(3) an analysis of the gaps in icebreaking capability of

the United States based on the expected service life of the

fleet of United States icebreaking assets;

(4) a list of countries that are allies of the United States

that have the icebreaking capacity to exercise missions during

any identified gap in United States icebreaking capacity; and

(5) a description of the policy, financial, and other barriers

that have prevented timely recapitalization of the Coast Guard

icebreaking fleet and recommendations to overcome such bar-

riers, including potential international fee-based models used

to compensate governments for icebreaking escorts or mainte-

nance of maritime routes.

PPROPRIATE

OMMITTEES OF

ONGRESS

.—In this section,

the term ‘‘appropriate committees of Congress’’ means the Com-

mittee on Commerce, Science, and Transportation of the Senate

and the Committee on Transportation and Infrastructure of the

House of Representatives.

Subtitle B—Pribilof Islands Transition

Completion

SEC. 3531. SHORT TITLE.

This subtitle may be cited as the ‘‘Pribilof Islands Transition

Completion Amendments Act of 2016’’.

Pribilof Islands

Transition

Completion

Amendments Act

of 2016.

16 USC 1151

note.

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130 STAT. 2795 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 3532. CONVEYANCE OF PROPERTY.

(a) C

ONVEYANCE

.—Subsection (a) of section 522 of the Pribilof

Island Transition Completion Act of 2016 (Public Law 114–120,

as amended by this Act) is amended to read as follows:

‘‘(a) C

ONVEYANCE

.—In partial settlement of land claims under

the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),

and not later than 30 days after the date of enactment of the

Pribilof Islands Transition Completion Amendments Act of 2016,

the Secretary of Commerce shall, notwithstanding section 105(a)

of the Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public

Law 106–562), convey to the Alaska Native Village Corporation

for St. Paul Island all right, title, and interest of the United States

in and to the following property, including improvements on such

property:

‘‘(1) Lots 4, 5, and 6A, Block 18, Tract A, U.S. Survey

4943, Alaska, the plat of which was Officially Filed on January

20, 2004, aggregating 13,006 square feet (0.30 acres).

‘‘(2) T. 35 S., R. 131 W., Seward Meridian, Alaska, Tract

39, the plat of which was Officially Filed on May 14, 1986,

containing 0.90 acres.’’.

(b) C

ONFORMING

MENDMENTS

; E

ASEMENT

.—Section 522 of such

Act, as amended by subsection (a), is further amended—

(1) by striking subsection (b);

(2) by redesignating subsection (c) as subsection (b); and

(3) by adding at the end the following:

‘‘(c) E

ASEMENT

.—As part of the conveyance under subsection

(a), the Secretary of Commerce, in cooperation with the Alaska

Native Village Corporation for St. Paul Island, shall provide an

easement to the Secretary of Transportation to maintain a non-

directional beacon on the property described in subsection (a)(2).’’.

SEC. 3533. TRANSFER, USE, AND DISPOSAL OF TRACT 43.

(a) I

ENERAL

.—Section 524 of the Pribilof Island Transition

Completion Act of 2016 (Public Law 114–120, as amended by this

Act) is amended to read as follows:

‘‘SEC. 524. TRANSFER, USE, AND DISPOSAL OF TRACT 43.

‘‘(a) T

RANSFER

.—Not later than 30 days after the date of the

enactment of the Pribilof Islands Transition Completion Amend-

ments Act of 2016, the Secretary of Commerce shall—

‘‘(1) terminate the license; and

‘‘(2) transfer tract 43 to the Secretary of the department

in which the Coast Guard is operating.

‘‘(b) D

ETERMINATION

, T

RANSFER

AND

ONVEYANCE

.—

‘‘(1) I

N GENERAL

.—Not later than the end of the 90-day

period beginning on the date of the transfer required under

subsection (a)(2), the Secretary shall submit to the Committee

on Transportation and Infrastructure of the House of Rep-

resentatives and the Committee on Commerce, Science, and

Transportation of the Senate a determination of—

‘‘(A) lands and improvements in tract 43 that are not

necessary to carry out Coast Guard communications and

search and rescue activities; and

‘‘(B) the smallest practicable tract enclosing lands and

improvements in tract 43 that are necessary to carry out

such communications and activities.

‘‘(2) S

URVEYS

MAPS

DESCRIPTIONS

AND PLAN

.—

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130 STAT. 2796 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) L

ANDS AND IMPROVEMENTS NOT NECESSARY TO

COAST GUARD ACTIVITIES

.—The determination under para-

graph (1)(A) shall include a metes-and-bounds survey, map,

and legal description of the lands and improvements to

which the determination applies. Such survey, map, and

legal description shall have the same force and effect as

if included in this section, except that the Secretary may

correct clerical and typographical errors in the survey, map,

and legal description.

‘‘(B) L

ANDS AND IMPROVEMENTS NECESSARY TO COAST

GUARD ACTIVITIES

.—The determination under paragraph

(1)(B) shall include with respect to the lands and improve-

ments to which the determination applies—

‘‘(i) a metes-and-bounds survey, map, and legal

description of such lands and improvements, which

shall have the same force and effect as if included

in this section, except that the Secretary may correct

clerical and typographical errors in the survey, map,

and legal description;

‘‘(ii) a description of Coast Guard actual use and

occupancy of such lands and improvements intended

to occur within 3 years after the date of the enactment

of the Pribilof Islands Transition Completion Amend-

ments Act of 2016; and

‘‘(iii) a plan to maintain existing facilities in use-

able condition, or demolish or replace those facilities,

including a cost estimate for carrying out such plan.

‘‘(3) C

ONVEYANCE

.—In partial settlement of land claims

under the Alaska Native Claims Settlement Act (43 U.S.C.

1601 et seq.), and not later than 60 days after the submission

of the determination under paragraph (1)(A), the Secretary

shall convey to the Alaska Native Village Corporation for St.

Paul Island all right, title, and interest of the United States

in and to the land and improvements depicted on the metes-

and-bounds survey, map, and legal description of the lands

and improvements to which the determination under paragraph

(1)(A) applies.

‘‘(4) F

AILURE TO PROVIDE DETERMINATION

.—If a determina-

tion under paragraph (1) is not provided within the period

specified in that paragraph, in partial settlement of land claims

under the Alaska Native Claims Settlement Act (43 U.S.C.

1601 et seq.) the Secretary shall, by not later than 30 days

after the end of that period, convey all right, title, and interest

of the United States in and to tract 43 to the Alaska Native

Village Corporation for St. Paul Island.

‘‘(5) F

AILURE TO IMPLEMENT USE AND OCCUPANCY

.—If the

use and occupancy described in paragraph (2)(B)(ii) have not

been fully implemented within 5 years after the date of enact-

ment of the Pribilof Islands Transition Completion Amend-

ments Act of 2016, in partial settlement of land claims under

the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et

seq.) the Secretary shall convey to the Alaska Native Village

Corporation for St. Paul Island all right, title, and interest

of the United States in and to such portions of the lands

and improvements to which the determination under paragraph

(1)(B) applies and for which such implementation has not

occurred.

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130 STAT. 2797 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(c) F

URTHER

ETERMINATION AND

ONVEYANCE

.—

‘‘(1) I

N GENERAL

.—Not later than 5 years after the date

of the enactment of the Pribilof Islands Transition Completion

Amendments Act of 2016, and not less than once every 5

years thereafter, the Secretary shall—

‘‘(A) review the determination made under subsection

(b)(1)(B); and

‘‘(B) determine if the lands and improvements to which

the determination applies are in excess of the smallest

practicable tract enclosing the lands and improvements

needed to carry out Coast Guard missions.

‘‘(2) R

EPORT OF DETERMINATION

.—When a determination

is made under paragraph (1), the Secretary shall report the

determination to—

‘‘(A) the Committee on Transportation and Infrastruc-

ture of the House of Representatives;

‘‘(B) the Committee on Commerce, Science, and

Transportation of the Senate; and

‘‘(C) the Alaska Native Village Corporation for St. Paul

Island.

‘‘(3) E

LECTION TO RECEIVE

.—Not later than 60 days after

the date it receives a determination under paragraph (1), the

Alaska Native Village Corporation for St. Paul Island shall

notify the Secretary in writing whether the Alaska Native

Village Corporation elects to receive all right, title, and interest

of the United States in and to any lands and improvements

or a portion of any lands and improvements determined to

be in excess of those needed to carry out Coast Guard missions

in partial settlement of land claims under the Alaska Native

Claims Settlement Act (43 U.S.C. 1601 et seq.).

‘‘(4) C

ONVEYANCE

.—If such Alaska Native Village Corpora-

tion provides notice under paragraph (3) that the Alaska Native

Village Corporation elects to receive all right, title, and interest

of the United States in and to any lands and improvements

or a portion of any lands and improvements, in partial settle-

ment of land claims under the Alaska Native Claims Settlement

Act (43 U.S.C. 1601 et seq.) the Secretary shall convey all

right, title, and interest of the United States in and to the

lands and improvements or portion thereof to such Alaska

Native Village Corporation.

‘‘(5) O

THER DISPOSAL

.—If such Alaska Native Village Cor-

poration does not provide notice under paragraph (3) that the

Alaska Native Village Corporation elects to receive all right,

title, and interest of the United States in and to any lands

and improvements or a portion of any lands and improvements,

the Secretary may dispose of the lands and improvements in

accordance with other applicable law.

‘‘(d) CERCLA N

FFECTED

.—No transfer or conveyance of

property under this section shall be construed to affect or limit

the application of section 120(h) of the Comprehensive Environ-

mental Response, Compensation, and Liability Act of 1980 (42

U.S.C. 9620(h)).

‘‘(e) R

EPORTS

.—

‘‘(1) R

EMEDIATION OF CONTAMINATED SOIL

.—Not later than

2 years after the date of the enactment of the Pribilof Islands

Transition Completion Amendments Act of 2016 and not less

than once every 2 years thereafter, the Secretary shall submit

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130 STAT. 2798 PUBLIC LAW 114–328—DEC. 23, 2016

to the Committee on Transportation and Infrastructure of the

House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate a report on—

‘‘(A) efforts taken to remediate contaminated soils on

tract 43 and tract 39; and

‘‘(B) a schedule for the completion of remediation of

contaminated soils on tract 43 and tract 39.

‘‘(2) N

UMBER OF COAST GUARD PERSONNEL WHO CARRIED

OUT COAST GUARD MISSIONS

.—On the 15th day of each month,

the Commandant of the Coast Guard shall submit to the Com-

mittee on Transportation and Infrastructure of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a notice detailing the number

of Coast Guard personnel who carried out Coast Guard missions

on tract 43 during the previous month and what Coast Guard

missions were carried out by such personnel.

‘‘(f) R

EDUNDANT

APABILITY

.—

‘‘(1) R

ULE OF CONSTRUCTION

.—Except as provided in para-

graph (2), section 681 of title 14, United States Code, shall

not be construed to prohibit any conveyance of lands or improve-

ments under this subtitle or any actions that involve the

dismantling or disposal of infrastructure that supported the

former LORAN system that are associated with the conveyance

of lands or improvements under this subtitle.

‘‘(2) R

EDUNDANT CAPABILITY

.—If, within the 5-year period

beginning on the date of the enactment of the Pribilof Islands

Transition Completion Amendments Act of 2016, the Secretary

determines that communication equipment, including towers,

antennae, and transmitters, on property conveyed in accordance

with this subtitle is subsequently required to provide a posi-

tioning, navigation, and timing system to provide redundant

capability in the event GPS signals are disrupted, the Secretary

may—

‘‘(A) operate, maintain, keep, locate, inspect, repair,

and replace such equipment; and

‘‘(B) in carrying out the activities described in subpara-

graph (A), enter, at any time, a facility without notice,

to the extent that it is not possible to provide advance

notice, for as long as such equipment is needed to provide

such capability.

‘‘(g) F

EDERAL

.—In addition to entry under subsection

(f)(2)(B), the Secretary may enter property conveyed in accordance

with this subtitle for purposes of environmental compliance and

remediation after providing advance notice to the property owner

to the extent that it is possible to provide such notice.

‘‘(h) H

IGH

REQUENCY

OMMUNICATIONS

.—

‘‘(1) R

ESTRICTION

.—Except as provided in paragraph (2),

on property contained within the boundaries of tract 43 as

in effect on the date of enactment of the Pribilof Islands Transi-

tion Completion Amendments Act of 2016, no person may

operate or maintain—

‘‘(A) radio frequency transmitting equipment that pro-

duces a signal that exceeds 5 microvolts per meter field

intensity, other than such equipment that was in use on

the site before the date of the enactment of such Act;

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130 STAT. 2799 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(B) electric welding equipment, electric generating

equipment, a diathermy machine, electric motors of any

kind having greater than 5 horsepower, or any other

machinery, engine, or equipment that causes any electro-

magnetic interference.

‘‘(2) E

XCEPTION

.—A person may engage in operations or

maintenance otherwise prohibited by paragraph (1) with the

concurrence of the Secretary.

‘‘(i) D

EFINITIONS

.—For purposes of this section:

‘‘(1) L

ICENSE

.—The term ‘license’ means the agreement

dated January 9, 2006, entitled ‘License Agreement Between

The Department of Homeland Security, United States Coast

Guard, and The Department of Commerce, National Oceanic

and Atmospheric Administration’.

‘‘(2) T

RACT 39

.—The term ‘tract 39’ means T. 35 S., R.

131 W., Seward Meridian, Alaska, Tract 39, the plat of which

was Officially Filed on May 14, 1986, containing 0.90 acres.

‘‘(3) T

RACT 43

.—The term ‘tract 43’ means T. 35 S., R.

131 W., Seward Meridian, Alaska, Tract 43, the plat of which

was Officially Filed on May 14, 1986, containing 84.88 acres,

and any improvements on such tract.

‘‘(4) S

ECRETARY

.—The term ‘Secretary’ means the Secretary

of the department in which the Coast Guard is operating.’’.

(b) C

HARGEABILITY FOR

ANDS

ONVEYED

.—The Secretary of

the Interior shall charge against the remaining entitlement of the

Alaska Native Village Corporation for St. Paul Island under the

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)

any conveyance of land to such corporation under this subtitle,

including the amendments made by this subtitle.

LERICAL

MENDMENT

.—The table of contents in section

2 of the Coast Guard Authorization Act of 2016 (Public Law 114–

120, as amended by this Act) is amended by striking the item

relating to section 524 and inserting the following:

‘‘Sec. 524. Transfer, use, and disposal of tract 43.’’.

(d) C

ONFORMING

MENDMENTS

.—Section 105 of the Pribilof

Islands Transition Act (16 U.S.C. 1161 note; Public Law 106–

562) is amended—

(1) in subsection (e)(1), by striking ‘‘or section 522 of the

Pribilof Island Transition Completion Act of 2015’’ and inserting

‘‘or section 522 of the Pribilof Island Transition Completion

Act of 2016, or transferred to the Secretary of the department

in which the Coast Guard is operating under section 524 of

such Act,’’; and

(2) in subsection (f)(1), by striking ‘‘and not transferred’’

and inserting ‘‘and not transferred to the Secretary of the

department in which the Coast Guard is operating under sec-

tion 524 of the Pribilof Island Transition Completion Act of

2016 or’’.

(e) S

AVINGS

LAUSE

.—The Memorandum of Understanding

among the Tanadgusix Corporation, St. Paul Island, Alaska, the

Tanaq Corporation, St. George Island, Alaska, and the National

Marine Fisheries Service of the National Oceanic and Atmospheric

Administration of the Department of Commerce, dated December

22, 1976, regarding Pribilof Islands Land Selections and the

establishment and operation of a Joint Management Board, shall

remain in effect with respect to land selections and conveyances

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130 STAT. 2800 PUBLIC LAW 114–328—DEC. 23, 2016

until all obligations for conveyances under that agreement have

been met, and the obligation to maintain a Joint Management

Board remains in effect.

Subtitle C—Sexual Harassment and As-

sault Prevention at the National Oceanic

and Atmospheric Administration

SEC. 3541. ACTIONS TO ADDRESS SEXUAL HARASSMENT AT NATIONAL

OCEANIC AND ATMOSPHERIC ADMINISTRATION.

(a) R

EQUIRED

OLICY

.—Not later than 1 year after the date

of the enactment of this Act, the Secretary of Commerce shall,

acting through the Under Secretary for Oceans and Atmosphere,

develop a policy on the prevention of and response to sexual harass-

ment involving employees of the National Oceanic and Atmospheric

Administration, members of the commissioned officer corps of the

Administration, and individuals who work with or conduct business

on behalf of the Administration.

(b) M

ATTERS TO

PECIFIED IN

OLICY

.—The policy developed

under subsection (a) shall include—

(1) establishment of a program to promote awareness of

the incidence of sexual harassment;

(2) clear procedures an individual should follow in the

case of an occurrence of sexual harassment, including—

(A) a specification of the person or persons to whom

an alleged occurrence of sexual harassment should be

reported by an individual and options for confidential

reporting, including—

(i) options and contact information for after-hours

contact; and

(ii) a procedure for obtaining assistance and

reporting sexual harassment while working in a remote

scientific field camp, at sea, or in another field status;

and

(B) a specification of any other person whom the victim

should contact;

(3) establishment of a mechanism by which—

(A) questions regarding sexual harassment can be con-

fidentially asked and confidentially answered; and

(B) incidents of sexual harassment can be confiden-

tially reported; and

(4) a prohibition on retaliation and consequences for retalia-

tory actions.

ONSULTATION AND

SSISTANCE

.—In developing the policy

required by subsection (a), the Secretary may consult or receive

assistance from such State, local, and national organizations and

subject matter experts as the Secretary considers appropriate.

(d) A

VAILABILITY OF

OLICY

.—The Secretary shall ensure that

the policy developed under subsection (a) is available to—

(1) all employees of the Administration and members of

the commissioned officer corps of the Administration, including

those employees and members who conduct field work for the

Administration; and

(2) the public.

33 USC 894 note.

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130 STAT. 2801 PUBLIC LAW 114–328—DEC. 23, 2016

(e) G

EOGRAPHIC

ISTRIBUTION OF

QUAL

MPLOYMENT

PPOR

TUNITY

ERSONNEL

.—The Secretary shall designate out of existing

staff at least 1 employee of the Administration who is tasked

with handling matters relating to equal employment opportunity

or sexual harassment at each marine and aviation center of the

Administration.

(f) Q

UARTERLY

EPORTS

.—

(1) I

N GENERAL

.—Not less frequently than 4 times each

year, the Director of the Civil Rights Office of the Administra-

tion shall submit to the Under Secretary a report on sexual

harassment in the Administration.

(2) C

ONTENTS

.—Each report submitted under paragraph

(1) shall include the following:

(A) The number of sexual harassment cases, both

actionable and non-actionable, involving individuals cov-

ered by the policy developed under subsection (a).

(B) The number of open actionable sexual harassment

cases and how long the cases have been open.

may have discovered with respect to sexual harassment

in the Administration.

(D) Such recommendations as the Director may have

with respect to sexual harassment in the Administration.

SEC. 3542. ACTIONS TO ADDRESS SEXUAL ASSAULT AT NATIONAL OCE-

ANIC AND ATMOSPHERIC ADMINISTRATION.

(a) C

OMPREHENSIVE

OLICY ON

REVENTION OF AND

ESPONSE

EXUAL

SSAULTS

.—Not later than 1 year after the date of

the enactment of this Act, the Secretary of Commerce shall, acting

through the Under Secretary for Oceans and Atmosphere, develop

a comprehensive policy on the prevention of and response to sexual

assaults involving employees of the National Oceanic and

Atmospheric Administration, members of the commissioned officer

corps of the Administration, and individuals who work with or

conduct business on behalf of the Administration.

(b) E

LEMENTS OF

OMPREHENSIVE

OLICY

.—The comprehensive

policy developed under subsection (a) shall, at minimum, address

the following matters:

(1) Prevention measures.

(2) Education and training on prevention and response.

(3) A list of support resources an individual may use in

the occurrence of sexual assault, including—

(A) options and contact information for after-hours con-

tact; and

(B) a procedure for obtaining assistance and reporting

sexual assault while working in a remote scientific field

camp, at sea, or in another field status.

(4) Easy and ready availability of information described

in paragraph (3).

(5) Establishing a mechanism by which—

(A) questions regarding sexual assault can be confiden-

tially asked and confidentially answered; and

(B) incidents of sexual assault can be confidentially

reported.

(6) Protocols for the investigation of complaints by com-

mand and law enforcement personnel.

33 USC 894 note.

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130 STAT. 2802 PUBLIC LAW 114–328—DEC. 23, 2016

(7) Prohibiting retaliation and consequences for retaliatory

actions against someone who reports a sexual assault.

(8) Oversight by the Under Secretary of administrative

and disciplinary actions in response to substantiated incidents

of sexual assault.

(9) Victim advocacy, including establishment of and the

responsibilities and training requirements for victim advocates

as described in subsection (c).

(10) Availability of resources for victims of sexual assault

within other Federal agencies and State, local, and national

organizations.

ICTIM

DVOCACY

.—

(1) I

N GENERAL

.—The Secretary, acting through the Under

Secretary, shall establish victim advocates to advocate for vic-

tims of sexual assaults involving employees of the Administra-

tion, members of the commissioned officer corps of the Adminis-

tration, and individuals who work with or conduct business

on behalf of the Administration.

(2) V

ICTIM ADVOCATES

.—For purposes of this subsection,

a victim advocate is an existing permanent employee of the

Administration who—

(A) is trained in matters relating to sexual assault

and the comprehensive policy developed under subsection

(a); and

(B) serves as a victim advocate voluntarily and in

addition to the employee’s other duties as an employee

of the Administration.

(3) P

RIMARY DUTIES

.—The primary duties of a victim advo-

cate established under paragraph (1) shall include the following:

(A) Supporting victims of sexual assault and informing

them of their rights and the resources available to them

as victims.

(B) Acting as a companion in navigating investigative,

medical, mental and emotional health, and recovery proc-

esses relating to sexual assault.

of victims of sexual assault.

(4) L

OCATION

.—The Secretary shall ensure that at least

1 victim advocate established under paragraph (1) is sta-

tioned—

(A) in each region in which the Administration con-

ducts operations; and

(B) in each marine and aviation center of the Adminis-

tration.

(5) H

OTLINE

.—

(A) I

N GENERAL

.—In carrying out this subsection, the

Secretary shall provide a telephone number at which a

victim of a sexual assault can contact a victim advocate.

(B) 24-

HOUR ACCESS

.—The Secretary shall ensure that

the telephone number established under subparagraph (A)

is monitored at all times.

ARTNERSHIP

.—The Secretary shall, where possible,

use established hotlines for purposes of this paragraph.

(6) F

ORMAL RELATIONSHIPS WITH OTHER ENTITIES

.—The

Secretary may enter into formal relationships with other enti-

ties to make available additional victim advocates.

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130 STAT. 2803 PUBLIC LAW 114–328—DEC. 23, 2016

(d) A

VAILABILITY OF

OLICY

.—The Secretary shall ensure that

the policy developed under subsection (a) is available to—

(1) all employees of the Administration and members of

the commissioned officer corps of the Administration, including

those employees and members who conduct field work for the

Administration; and

(2) the public.

(e) C

ONSULTATION AND

SSISTANCE

.—In developing the policy

required by subsection (a), the Secretary may consult or receive

assistance from such State, local, and national organizations and

subject matter experts as the Secretary considers appropriate.

SEC. 3543. RIGHTS OF THE VICTIM OF A SEXUAL ASSAULT.

A victim of a sexual assault covered by the comprehensive

policy developed under section 3542(a) has the right to be reason-

ably protected from the accused.

SEC. 3544. CHANGE OF STATION.

(a) C

HANGE OF

TATION

, U

NIT

RANSFER

HANGE OF

ORK

OCATION OF

ICTIMS

.—

(1) T

IMELY CONSIDERATION AND ACTION UPON REQUEST

.—

The Secretary of Commerce, acting through the Under Sec-

retary for Oceans and Atmosphere, shall—

(A) in the case of a member of the commissioned officer

corps of the National Oceanic and Atmospheric Administra-

tion who was a victim of a sexual assault, in order to

reduce the possibility of retaliation or further sexual

assault, provide for timely determination and action on

an application submitted by the victim for consideration

of a change of station or unit transfer of the victim; and

(B) in the case of an employee of the Administration

who was a victim of a sexual assault, to the degree prac-

ticable and in order to reduce the possibility of retaliation

against the employee for reporting the sexual assault,

accommodate a request for a change of work location of

the victim.

(2) P

ROCEDURES

.—

(A) P

ERIOD FOR APPROVAL AND DISAPPROVAL

.—The Sec-

retary, acting through the Under Secretary, shall ensure

that an application or request submitted under paragraph

(1) for a change of station, unit transfer, or change of

work location is approved or denied within 72 hours of

the submission of the application or request.

(B) R

EVIEW

.—If an application or request submitted

under paragraph (1) by a victim of a sexual assault for

a change of station, unit transfer, or change of work loca-

tion of the victim is denied—

(i) the victim may request the Secretary to review

the denial; and

(ii) the Secretary, acting through the Under Sec-

retary, shall, not later than 72 hours after receiving

such request, affirm or overturn the denial.

(b) C

HANGE OF

TATION

, U

NIT

RANSFER

AND

HANGE OF

ORK

OCATION OF

LLEGED

ERPETRATORS

.—

(1) I

N GENERAL

.—The Secretary, acting through the Under

Secretary, shall develop a policy for the protection of victims

of sexual assault described in subsection (a)(1) by providing

the alleged perpetrator of the sexual assault with a change

33 USC 894c

note.

33 USC 894b

note.

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130 STAT. 2804 PUBLIC LAW 114–328—DEC. 23, 2016

of station, unit transfer, or change of work location, as the

case may be, if the alleged perpetrator is a member of the

commissioned officer corps of the Administration or an employee

of the Administration.

(2) P

OLICY REQUIREMENTS

.—The policy required by para-

graph (1) shall include the following:

(A) A means to control access to the victim.

(B) Due process for the victim and the alleged perpe-

trator.

EGULATIONS

.—

(1) I

N GENERAL

.—The Secretary shall promulgate regula-

tions to carry out this section.

(2) C

ONSISTENCY

.—When practicable, the Secretary shall

make regulations promulgated under this section consistent

with similar regulations promulgated by the Secretary of

Defense.

SEC. 3545. APPLICABILITY OF POLICIES TO CREWS OF VESSELS

SECURED BY NATIONAL OCEANIC AND ATMOSPHERIC

ADMINISTRATION UNDER CONTRACT.

The Under Secretary for Oceans and Atmosphere shall ensure

that each contract into which the Under Secretary enters for the

use of a vessel by the National Oceanic and Atmospheric Adminis-

tration that covers the crew of the vessel, if any, shall include

as a condition of the contract a provision that subjects such crew

to the policy developed under section 3541(a) and the comprehensive

policy developed under section 3542(a).

SEC. 3546. ANNUAL REPORT ON SEXUAL ASSAULTS IN THE NATIONAL

OCEANIC AND ATMOSPHERIC ADMINISTRATION.

(a) I

ENERAL

.—Not later than January 15 of each year,

the Secretary of Commerce shall submit to the Committee on Com-

merce, Science, and Transportation of the Senate and the Com-

mittee on Natural Resources of the House of Representatives a

report on the sexual assaults involving employees of the National

Oceanic and Atmospheric Administration, members of the commis-

sioned officer corps of the Administration, and individuals who

work with or conduct business on behalf of the Administration.

(b) C

ONTENTS

.—Each report submitted under subsection (a)

shall include, with respect to the previous calendar year, the fol-

lowing:

(1) The number of alleged sexual assaults involving

employees, members, and individuals described in subsection

(a).

(2) A synopsis of each case and the disciplinary action

taken, if any, in each case.

(3) The policies, procedures, and processes implemented

by the Secretary, and any updates or revisions to such policies,

procedures, and processes.

(4) A summary of the reports received by the Under Sec-

retary for Oceans and Atmosphere under section 3541(f).

RIVACY

ROTECTION

.—In preparing and submitting a report

under subsection (a), the Secretary shall ensure that no individual

involved in an alleged sexual assault can be identified by the

contents of the report.

33 USC 894 note.

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130 STAT. 2805 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 3547. SEXUAL ASSAULT DEFINED.

In this subtitle, the term ‘‘sexual assault’’ shall have the

meaning given such term in section 40002(a) of the Violence Against

Women Act of 1994 (42 U.S.C. 13925(a)).

DIVISION D—FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

TITLE XLI—PROCUREMENT

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

Sec. 4103. Procurement for overseas contingency operations for base requirements.

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation.

Sec. 4202. Research, development, test, and evaluation for overseas contingency op-

erations.

Sec. 4203. Research, development, test, and evaluation for overseas contingency op-

erations for base requirements.

TITLE XLIII—OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.

Sec. 4302. Operation and maintenance for overseas contingency operations.

Sec. 4303. Operation and maintenance for overseas contingency operations for base

requirements.

TITLE XLIV—MILITARY PERSONNEL

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

Sec. 4403. Military personnel for overseas contingency operations for base require-

ments.

TITLE XLV—OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

Sec. 4503. Other authorizations for overseas contingency operations for base re-

quirements.

TITLE XLVI—MILITARY CONSTRUCTION

Sec. 4601. Military construction.

Sec. 4602. Military construction for overseas contingency operations.

Sec. 4603. Military construction for overseas contingency operations for base re-

quirements.

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.

SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.

(a) I

ENERAL

.—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) M

ERIT

-B

ASED

ECISIONS

.—A decision to commit, obligate,

or expend funds with or to a specific entity on the basis of a

dollar amount authorized pursuant to subsection (a) shall—

(1) be based on merit-based selection procedures in accord-

ance with the requirements of sections 2304(k) and 2374 of

title 10, United States Code, or on competitive procedures;

and

(2) comply with other applicable provisions of law.

ELATIONSHIP TO

RANSFER AND

ROGRAMMING

UTHORITY

.—An amount specified in the funding tables in this

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130 STAT. 2806 PUBLIC LAW 114–328—DEC. 23, 2016

division may be transferred or reprogrammed under a transfer

or reprogramming authority provided by another provision of this

Act or by other law. The transfer or reprogramming of an amount

specified in such funding tables shall not count against a ceiling

on such transfers or reprogrammings under section 1001 or section

1522 of this Act or any other provision of law, unless such transfer

or reprogramming would move funds between appropriation

accounts.

(d) A

PPLICABILITY TO

LASSIFIED

NNEX

.—This section applies

to any classified annex that accompanies this Act.

(e) O

RAL AND

RITTEN

OMMUNICATIONS

.—No oral or written

communication concerning any amount specified in the funding

tables in this division shall supersede the requirements of this

section.

TITLE XLI—PROCUREMENT

SEC. 4101. PROCUREMENT.

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

AIRCRAFT PROCUREMENT, ARMY

FIXED WING

001 UTILITY F/W AIRCRAFT ................................................................. 57,529 57,529

003 MQ–1 UAV .......................................................................................... 55,388 55,388

ROTARY

006 AH–64 APACHE BLOCK IIIA REMAN ........................................... 803,084 803,084

007 ADVANCE PROCUREMENT (CY) ............................................... 185,160 185,160

008 UH–60 BLACKHAWK M MODEL (MYP) ........................................ 755,146 755,146

009 ADVANCE PROCUREMENT (CY) ............................................... 174,107 174,107

010 UH–60 BLACK HAWK A AND L MODELS .................................... 46,173 46,173

011 CH–47 HELICOPTER ........................................................................ 556,257 556,257

012 ADVANCE PROCUREMENT (CY) ............................................... 8,707 8,707

MODIFICATION OF AIRCRAFT

013 MQ–1 PAYLOAD (MIP) ..................................................................... 43,735 43,735

015 MULTI SENSOR ABN RECON (MIP) ............................................. 94,527 94,527

016 AH–64 MODS ..................................................................................... 137,883 137,883

017 CH–47 CARGO HELICOPTER MODS (MYP) ................................. 102,943 102,943

018 GRCS SEMA MODS (MIP) ................................................................ 4,055 4,055

019 ARL SEMA MODS (MIP) ................................................................... 6,793 6,793

020 EMARSS SEMA MODS (MIP) .......................................................... 13,197 13,197

021 UTILITY/CARGO AIRPLANE MODS .............................................. 17,526 17,526

022 UTILITY HELICOPTER MODS ....................................................... 10,807 10,807

023 NETWORK AND MISSION PLAN ................................................... 74,752 74,752

024 COMMS, NAV SURVEILLANCE ...................................................... 69,960 69,960

025 GATM ROLLUP .................................................................................. 45,302 45,302

026 RQ–7 UAV MODS .............................................................................. 71,169 71,169

027 UAS MODS ......................................................................................... 21,804 21,804

GROUND SUPPORT AVIONICS

028 AIRCRAFT SURVIVABILITY EQUIPMENT .................................. 67,377 67,377

029 SURVIVABILITY CM ........................................................................ 9,565 9,565

030 CMWS .................................................................................................. 41,626 41,626

OTHER SUPPORT

032 AVIONICS SUPPORT EQUIPMENT ............................................... 7,007 7,007

033 COMMON GROUND EQUIPMENT ................................................. 48,234 48,234

034 AIRCREW INTEGRATED SYSTEMS .............................................. 30,297 30,297

035 AIR TRAFFIC CONTROL ................................................................. 50,405 50,405

036 INDUSTRIAL FACILITIES ............................................................... 1,217 1,217

037 LAUNCHER, 2.75 ROCKET .............................................................. 3,055 3,055

TOTAL AIRCRAFT PROCUREMENT, ARMY ................ 3,614,787 3,614,787

MISSILE PROCUREMENT, ARMY

SURFACE-TO-AIR MISSILE SYSTEM

001 LOWER TIER AIR AND MISSILE DEFENSE (AMD) ................... 126,470 126,470

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130 STAT. 2807 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

002 MSE MISSILE .................................................................................... 423,201 423,201

003 ADVANCE PROCUREMENT (CY) ............................................... 19,319 19,319

AIR-TO-SURFACE MISSILE SYSTEM

004 HELLFIRE SYS SUMMARY ............................................................. 42,013 42,013

005 JOINT AIR-TO-GROUND MSLS (JAGM) ........................................ 64,751 64,751

006 ADVANCE PROCUREMENT (CY) ............................................... 37,100 37,100

ANTI-TANK/ASSAULT MISSILE SYS

007 JAVELIN (AAWS-M) SYSTEM SUMMARY .................................... 73,508 72,904

Engineering services cost growth ............................................... [–604 ]

008 TOW 2 SYSTEM SUMMARY ............................................................ 64,922 64,922

009 ADVANCE PROCUREMENT (CY) ............................................... 19,949 10,716

Advance procurement cost growth ............................................. [–9,233 ]

010 GUIDED MLRS ROCKET (GMLRS) ................................................ 172,088 172,088

011 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .......... 18,004 18,004

MODIFICATIONS

013 PATRIOT MODS ................................................................................ 197,107 197,107

014 ATACMS MODS ................................................................................. 150,043 150,043

015 GMLRS MOD ...................................................................................... 395 395

017 AVENGER MODS .............................................................................. 33,606 33,606

018 ITAS/TOW MODS ............................................................................... 383 383

019 MLRS MODS ...................................................................................... 34,704 34,704

020 HIMARS MODIFICATIONS .............................................................. 1,847 1,847

SPARES AND REPAIR PARTS

021 SPARES AND REPAIR PARTS ........................................................ 34,487 34,487

SUPPORT EQUIPMENT & FACILITIES

022 AIR DEFENSE TARGETS ................................................................. 4,915 4,915

024 PRODUCTION BASE SUPPORT ...................................................... 1,154 1,154

TOTAL MISSILE PROCUREMENT, ARMY .................... 1,519,966 1,510,129

PROCUREMENT OF W&TCV, ARMY

TRACKED COMBAT VEHICLES

001 STRYKER VEHICLE ......................................................................... 71,680 71,680

MODIFICATION OF TRACKED COMBAT VEHICLES

002 STRYKER (MOD) ............................................................................... 74,348 74,348

003 STRYKER UPGRADE ........................................................................ 444,561 433,561

Early to need ................................................................................ [–11,000 ]

005 BRADLEY PROGRAM (MOD) .......................................................... 276,433 273,333

Excess program management growth ........................................ [–3,100 ]

006 HOWITZER, MED SP FT 155MM M109A6 (MOD) ........................ 63,138 63,138

007 PALADIN INTEGRATED MANAGEMENT (PIM) .......................... 469,305 469,305

008 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ........... 91,963 91,963

009 ASSAULT BRIDGE (MOD) ............................................................... 3,465 3,465

010 ASSAULT BREACHER VEHICLE ................................................... 2,928 2,928

011 M88 FOV MODS ................................................................................. 8,685 8,685

012 JOINT ASSAULT BRIDGE ............................................................... 64,752 64,752

013 M1 ABRAMS TANK (MOD) .............................................................. 480,166 480,166

014 ABRAMS UPGRADE PROGRAM ..................................................... 100,000

Realign APS Unit Set Requirements from OCO ....................... [100,000 ]

WEAPONS & OTHER COMBAT VEHICLES

016 INTEGRATED AIR BURST WEAPON SYSTEM FAMILY ............ 9,764 9,764

017 MORTAR SYSTEMS .......................................................................... 8,332 8,332

018 XM320 GRENADE LAUNCHER MODULE (GLM) ........................ 3,062 3,062

019 COMPACT SEMI-AUTOMATIC SNIPER SYSTEM ....................... 992 992

020 CARBINE ............................................................................................ 40,493 40,493

021 COMMON REMOTELY OPERATED WEAPONS STATION ......... 25,164 25,164

MOD OF WEAPONS AND OTHER COMBAT VEH

022 MK–19 GRENADE MACHINE GUN MODS ................................... 4,959 4,959

023 M777 MODS ........................................................................................ 11,913 11,913

024 M4 CARBINE MODS ......................................................................... 29,752 29,752

025 M2 50 CAL MACHINE GUN MODS ................................................ 48,582 48,582

026 M249 SAW MACHINE GUN MODS ................................................ 1,179 1,179

027 M240 MEDIUM MACHINE GUN MODS ........................................ 1,784 1,784

028 SNIPER RIFLES MODIFICATIONS ................................................ 971 971

029 M119 MODIFICATIONS .................................................................... 6,045 6,045

030 MORTAR MODIFICATION ............................................................... 12,118 12,118

031 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ................ 3,157 3,157

SUPPORT EQUIPMENT & FACILITIES

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130 STAT. 2808 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

032 ITEMS LESS THAN $5.0M (WOCV-WTCV) ................................... 2,331 2,331

035 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) .................. 3,155 3,155

TOTAL PROCUREMENT OF W&TCV, ARMY ............... 2,265,177 2,351,077

PROCUREMENT OF AMMUNITION, ARMY

SMALL/MEDIUM CAL AMMUNITION

001 CTG, 5.56MM, ALL TYPES ............................................................... 40,296 40,296

002 CTG, 7.62MM, ALL TYPES ............................................................... 39,237 39,237

003 CTG, HANDGUN, ALL TYPES ......................................................... 5,193 5,193

004 CTG, .50 CAL, ALL TYPES ............................................................... 46,693 46,693

005 CTG, 20MM, ALL TYPES .................................................................. 7,000 7,000

006 CTG, 25MM, ALL TYPES .................................................................. 7,753 6,453

Program reduction ....................................................................... [–1,300 ]

007 CTG, 30MM, ALL TYPES .................................................................. 47,000 47,000

008 CTG, 40MM, ALL TYPES .................................................................. 118,178 111,824

Early to need ................................................................................ [–6,354 ]

MORTAR AMMUNITION

009 60MM MORTAR, ALL TYPES .......................................................... 69,784 69,784

010 81MM MORTAR, ALL TYPES .......................................................... 36,125 36,125

011 120MM MORTAR, ALL TYPES ........................................................ 69,133 69,133

TANK AMMUNITION

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .......... 120,668 117,868

Early to need ................................................................................ [–2,800 ]

ARTILLERY AMMUNITION

013 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ........ 64,800 61,300

75mm blanks early to need ........................................................ [–3,500 ]

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ......................... 109,515 109,515

015 PROJ 155MM EXTENDED RANGE M982 ...................................... 39,200 39,200

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 70,881 70,881

ROCKETS

019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................. 38,000 38,000

020 ROCKET, HYDRA 70, ALL TYPES .................................................. 87,213 87,213

OTHER AMMUNITION

021 CAD/PAD, ALL TYPES ...................................................................... 4,914 4,914

022 DEMOLITION MUNITIONS, ALL TYPES ...................................... 6,380 6,380

023 GRENADES, ALL TYPES ................................................................. 22,760 22,760

024 SIGNALS, ALL TYPES ...................................................................... 10,666 10,666

025 SIMULATORS, ALL TYPES ............................................................. 7,412 7,412

MISCELLANEOUS

026 AMMO COMPONENTS, ALL TYPES .............................................. 12,726 12,726

027 NON-LETHAL AMMUNITION, ALL TYPES .................................. 6,100 5,900

Early to need ................................................................................ [–200 ]

028 ITEMS LESS THAN $5 MILLION (AMMO) ................................... 10,006 9,506

Early to need ................................................................................ [–500 ]

029 AMMUNITION PECULIAR EQUIPMENT ...................................... 17,275 13,575

Early to need ................................................................................ [–3,700 ]

030 FIRST DESTINATION TRANSPORTATION (AMMO) .................. 14,951 14,951

PRODUCTION BASE SUPPORT

032 INDUSTRIAL FACILITIES ............................................................... 222,269 242,269

Program increase ......................................................................... [20,000 ]

033 CONVENTIONAL MUNITIONS DEMILITARIZATION ................ 157,383 157,383

034 ARMS INITIATIVE ............................................................................ 3,646 3,646

TOTAL PROCUREMENT OF AMMUNITION, ARMY .. 1,513,157 1,514,803

OTHER PROCUREMENT, ARMY

TACTICAL VEHICLES

001 TACTICAL TRAILERS/DOLLY SETS .............................................. 3,733 3,733

002 SEMITRAILERS, FLATBED: ............................................................ 3,716 3,716

003 HI MOB MULTI-PURP WHLD VEH (HMMWV) ............................ 50,000

HMMWV M997A3 ambulance recapitalization for Active

Component.

[50,000 ]

004 GROUND MOBILITY VEHICLES (GMV) ....................................... 4,907 4,907

006 JOINT LIGHT TACTICAL VEHICLE .............................................. 587,514 587,514

007 TRUCK, DUMP, 20T (CCE) .............................................................. 3,927 3,927

008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................... 53,293 53,293

009 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............ 7,460 7,460

010 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 39,564 39,564

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130 STAT. 2809 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

011 PLS ESP .............................................................................................. 11,856 11,856

013 TACTICAL WHEELED VEHICLE PROTECTION KITS ............... 49,751 49,751

014 MODIFICATION OF IN SVC EQUIP .............................................. 64,000 54,000

Program reduction ....................................................................... [–10,000 ]

015 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ....... 10,611 10,611

NON-TACTICAL VEHICLES

016 HEAVY ARMORED SEDAN ............................................................. 394 394

018 NONTACTICAL VEHICLES, OTHER ............................................. 1,755 1,755

COMM—JOINT COMMUNICATIONS

019 WIN-T—GROUND FORCES TACTICAL NETWORK .................... 427,598 427,598

020 SIGNAL MODERNIZATION PROGRAM ........................................ 58,250 58,250

021 JOINT INCIDENT SITE COMMUNICATIONS CAPABILITY ...... 5,749 5,749

022 JCSE EQUIPMENT (USREDCOM) .................................................. 5,068 5,068

COMM—SATELLITE COMMUNICATIONS

023 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ....... 143,805 143,805

024 TRANSPORTABLE TACTICAL COMMAND COMMUNICA-

TIONS.

36,580 36,580

025 SHF TERM .......................................................................................... 1,985 1,985

027 SMART-T (SPACE) ............................................................................. 9,165 9,165

COMM—C3 SYSTEM

031 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ....................... 2,530 2,530

COMM—COMBAT COMMUNICATIONS

033 HANDHELD MANPACK SMALL FORM FIT (HMS) .................... 273,645 273,645

034 MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ........... 25,017 25,017

035 RADIO TERMINAL SET, MIDS LVT(2) .......................................... 12,326 12,326

037 TRACTOR DESK ................................................................................ 2,034 2,034

038 TRACTOR RIDE ................................................................................. 2,334 2,334

039 SPIDER APLA REMOTE CONTROL UNIT .................................... 1,985 1,985

040 SPIDER FAMILY OF NETWORKED MUNITIONS INCR ............ 10,796 10,796

042 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM 3,607 3,607

043 UNIFIED COMMAND SUITE .......................................................... 14,295 14,295

045 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE ..... 19,893 19,893

COMM—INTELLIGENCE COMM

047 CI AUTOMATION ARCHITECTURE .............................................. 1,388 1,388

048 ARMY CA/MISO GPF EQUIPMENT ................................................ 5,494 5,494

INFORMATION SECURITY

049 FAMILY OF BIOMETRICS ............................................................... 2,978 2,978

051 COMMUNICATIONS SECURITY (COMSEC) ................................ 131,356 131,356

052 DEFENSIVE CYBER OPERATIONS ............................................... 15,132 15,132

COMM—LONG HAUL COMMUNICATIONS

053 BASE SUPPORT COMMUNICATIONS ........................................... 27,452 27,452

COMM—BASE COMMUNICATIONS

054 INFORMATION SYSTEMS ............................................................... 122,055 122,055

055 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,286 4,286

056 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ... 131,794 131,794

ELECT EQUIP—TACT INT REL ACT (TIARA)

059 JTT/CIBS-M ........................................................................................ 5,337 5,337

062 DCGS-A (MIP) .................................................................................... 242,514 217,814

Program reduction ....................................................................... [–24,700 ]

063 JOINT TACTICAL GROUND STATION (JTAGS) .......................... 4,417 4,417

064 TROJAN (MIP) ................................................................................... 17,455 17,455

065 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................ 44,965 44,965

066 CI HUMINT AUTO REPRTING AND COLL(CHARCS) ................ 7,658 7,658

067 CLOSE ACCESS TARGET RECONNAISSANCE (CATR) ............. 7,970 7,970

068 MACHINE FOREIGN LANGUAGE TRANSLATION SYSTEM-M 545 545

ELECT EQUIP—ELECTRONIC WARFARE (EW)

070 LIGHTWEIGHT COUNTER MORTAR RADAR .............................. 74,038 68,453

Unit cost growth .......................................................................... [–5,585 ]

071 EW PLANNING & MANAGEMENT TOOLS (EWPMT) ................ 3,235 3,235

072 AIR VIGILANCE (AV) ....................................................................... 733 733

074 FAMILY OF PERSISTENT SURVEILLANCE CAPABILITIE ...... 1,740 1,740

075 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 455 455

076 CI MODERNIZATION ....................................................................... 176 176

ELECT EQUIP—TACTICAL SURV. (TAC SURV)

077 SENTINEL MODS ............................................................................. 40,171 40,171

078 NIGHT VISION DEVICES ................................................................ 163,029 163,029

079 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............. 15,885 15,885

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130 STAT. 2810 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

080 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............. 48,427 48,427

081 FAMILY OF WEAPON SIGHTS (FWS) ........................................... 55,536 55,536

082 ARTILLERY ACCURACY EQUIP .................................................... 4,187 4,187

085 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ..................... 137,501 137,501

086 JOINT EFFECTS TARGETING SYSTEM (JETS) .......................... 50,726 50,726

087 MOD OF IN-SVC EQUIP (LLDR) ..................................................... 28,058 28,058

088 COMPUTER BALLISTICS: LHMBC XM32 ..................................... 5,924 5,924

089 MORTAR FIRE CONTROL SYSTEM .............................................. 22,331 22,331

090 COUNTERFIRE RADARS ................................................................. 314,509 281,509

Unit cost savings ......................................................................... [–33,000 ]

ELECT EQUIP—TACTICAL C2 SYSTEMS

091 FIRE SUPPORT C2 FAMILY ............................................................ 8,660 8,660

092 AIR & MSL DEFENSE PLANNING & CONTROL SYS ................ 54,376 54,376

093 IAMD BATTLE COMMAND SYSTEM ............................................. 204,969 204,969

094 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................ 4,718 4,718

095 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 11,063 11,063

096 MANEUVER CONTROL SYSTEM (MCS) ....................................... 151,318 151,318

097 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ........... 155,660 155,660

098 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP .... 4,214 4,214

099 RECONNAISSANCE AND SURVEYING INSTRUMENT SET ..... 16,185 16,185

100 MOD OF IN-SVC EQUIPMENT (ENFIRE) ..................................... 1,565 1,565

ELECT EQUIP—AUTOMATION

101 ARMY TRAINING MODERNIZATION ............................................ 17,693 17,693

102 AUTOMATED DATA PROCESSING EQUIP .................................. 107,960 107,960

103 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM .... 6,416 6,416

104 HIGH PERF COMPUTING MOD PGM (HPCMP) .......................... 58,614 58,614

105 CONTRACT WRITING SYSTEM ...................................................... 986 986

106 RESERVE COMPONENT AUTOMATION SYS (RCAS) ................ 23,828 23,828

ELECT EQUIP—AUDIO VISUAL SYS (A/V)

107 TACTICAL DIGITAL MEDIA ........................................................... 1,191 1,191

108 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ............... 1,995 1,995

ELECT EQUIP—SUPPORT

109 PRODUCTION BASE SUPPORT (C-E) ............................................ 403 403

CLASSIFIED PROGRAMS

110A CLASSIFIED PROGRAMS ................................................................ 4,436 4,436

CHEMICAL DEFENSIVE EQUIPMENT

111 PROTECTIVE SYSTEMS .................................................................. 2,966 2,966

112 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ....................... 9,795 9,795

114 CBRN DEFENSE ............................................................................... 17,922 17,922

BRIDGING EQUIPMENT

115 TACTICAL BRIDGING ...................................................................... 13,553 13,553

116 TACTICAL BRIDGE, FLOAT-RIBBON ........................................... 25,244 25,244

117 BRIDGE SUPPLEMENTAL SET ...................................................... 983 983

118 COMMON BRIDGE TRANSPORTER (CBT) RECAP ..................... 25,176 25,176

ENGINEER (NON-CONSTRUCTION) EQUIPMENT

119 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) .......... 39,350 39,350

120 AREA MINE DETECTION SYSTEM (AMDS) ................................ 10,500 10,500

121 HUSKY MOUNTED DETECTION SYSTEM (HMDS) ................... 274 274

122 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) .......................... 2,951 2,951

123 EOD ROBOTICS SYSTEMS RECAPITALIZATION ....................... 1,949 1,949

124 ROBOTICS AND APPLIQUE SYSTEMS ......................................... 5,203 5,203

125 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ... 5,570 5,570

126 REMOTE DEMOLITION SYSTEMS ................................................ 6,238 6,238

127 < $5M, COUNTERMINE EQUIPMENT ........................................... 836 836

128 FAMILY OF BOATS AND MOTORS ............................................... 3,171 3,171

COMBAT SERVICE SUPPORT EQUIPMENT

129 HEATERS AND ECU’S ...................................................................... 18,707 18,707

130 SOLDIER ENHANCEMENT ............................................................. 2,112 2,112

131 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ............... 10,856 10,856

132 GROUND SOLDIER SYSTEM .......................................................... 32,419 32,419

133 MOBILE SOLDIER POWER ............................................................. 30,014 30,014

135 FIELD FEEDING EQUIPMENT ...................................................... 12,544 12,544

136 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 18,509 18,509

137 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ...... 29,384 29,384

PETROLEUM EQUIPMENT

139 QUALITY SURVEILLANCE EQUIPMENT .................................... 4,487 4,487

140 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................. 42,656 35,656

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130 STAT. 2811 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

Program decrease ........................................................................ [–7,000 ]

MEDICAL EQUIPMENT

141 COMBAT SUPPORT MEDICAL ....................................................... 59,761 59,761

MAINTENANCE EQUIPMENT

142 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................... 35,694 32,194

Program reduction ....................................................................... [–3,500 ]

143 ITEMS LESS THAN $5.0M (MAINT EQ) ........................................ 2,716 2,716

CONSTRUCTION EQUIPMENT

144 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ...................................... 1,742 1,742

145 SCRAPERS, EARTHMOVING .......................................................... 26,233 26,233

147 HYDRAULIC EXCAVATOR .............................................................. 1,123 1,123

149 ALL TERRAIN CRANES ................................................................... 65,285 65,285

151 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) .................. 1,743 1,743

152 ENHANCED RAPID AIRFIELD CONSTRUCTION CAPAP ......... 2,779 2,779

154 CONST EQUIP ESP ........................................................................... 26,712 22,212

Program reduction ....................................................................... [–4,500 ]

155 ITEMS LESS THAN $5.0M (CONST EQUIP) ................................. 6,649 6,649

RAIL FLOAT CONTAINERIZATION EQUIPMENT

156 ARMY WATERCRAFT ESP .............................................................. 21,860 21,860

157 ITEMS LESS THAN $5.0M (FLOAT/RAIL) ..................................... 1,967 1,967

GENERATORS

158 GENERATORS AND ASSOCIATED EQUIP ................................... 113,266 113,266

159 TACTICAL ELECTRIC POWER RECAPITALIZATION ................ 7,867 7,867

MATERIAL HANDLING EQUIPMENT

160 FAMILY OF FORKLIFTS .................................................................. 2,307 2,307

TRAINING EQUIPMENT

161 COMBAT TRAINING CENTERS SUPPORT ................................... 75,359 75,359

162 TRAINING DEVICES, NONSYSTEM .............................................. 253,050 253,050

163 CLOSE COMBAT TACTICAL TRAINER ......................................... 48,271 48,271

164 AVIATION COMBINED ARMS TACTICAL TRAINER .................. 40,000 40,000

165 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING .. 11,543 11,543

TEST MEASURE AND DIG EQUIPMENT (TMD)

166 CALIBRATION SETS EQUIPMENT ................................................ 4,963 4,963

167 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) .............. 29,781 29,781

168 TEST EQUIPMENT MODERNIZATION (TEMOD) ....................... 6,342 6,342

OTHER SUPPORT EQUIPMENT

169 M25 STABILIZED BINOCULAR ...................................................... 3,149 3,149

170 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............. 18,003 18,003

171 PHYSICAL SECURITY SYSTEMS (OPA3) ..................................... 44,082 44,082

172 BASE LEVEL COMMON EQUIPMENT .......................................... 2,168 2,168

173 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) .................... 67,367 67,367

174 PRODUCTION BASE SUPPORT (OTH) .......................................... 1,528 1,528

175 SPECIAL EQUIPMENT FOR USER TESTING .............................. 8,289 8,289

177 TRACTOR YARD ................................................................................ 6,888 6,888

OPA2

179 INITIAL SPARES—C&E ................................................................... 27,243 27,243

TOTAL OTHER PROCUREMENT, ARMY ...................... 5,873,949 5,835,664

AIRCRAFT PROCUREMENT, NAVY

COMBAT AIRCRAFT

003 JOINT STRIKE FIGHTER CV .......................................................... 890,650 890,650

004 ADVANCE PROCUREMENT (CY) ............................................... 80,908 80,908

005 JSF STOVL ......................................................................................... 2,037,768 2,037,768

006 ADVANCE PROCUREMENT (CY) ............................................... 233,648 233,648

007 CH–53K (HEAVY LIFT) .................................................................... 348,615 348,615

008 ADVANCE PROCUREMENT (CY) ............................................... 88,365 88,365

009 V–22 (MEDIUM LIFT) ....................................................................... 1,264,134 1,249,134

Support cost growth .................................................................... [–15,000 ]

010 ADVANCE PROCUREMENT (CY) ............................................... 19,674 19,674

011 H–1 UPGRADES (UH–1Y/AH–1Z) ................................................... 759,778 756,586

Airframe unit cost growth .......................................................... [–3,192 ]

012 ADVANCE PROCUREMENT (CY) ............................................... 57,232 57,232

014 MH–60R (MYP) ................................................................................... 61,177 53,177

Line shutdown costs—early to need .......................................... [–8,000 ]

016 P–8A POSEIDON ............................................................................... 1,940,238 1,863,238

Airfrane unit cost growth ........................................................... [–77,000 ]

017 ADVANCE PROCUREMENT (CY) ............................................... 123,140 123,140

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130 STAT. 2812 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

018 E–2D ADV HAWKEYE ...................................................................... 916,483 916,483

019 ADVANCE PROCUREMENT (CY) ............................................... 125,042 125,042

TRAINER AIRCRAFT

020 JPATS .................................................................................................. 5,849 5,849

OTHER AIRCRAFT

021 KC–130J .............................................................................................. 128,870 128,870

022 ADVANCE PROCUREMENT (CY) ............................................... 24,848 24,848

023 MQ–4 TRITON .................................................................................... 409,005 396,125

Unit cost savings ......................................................................... [–12,880 ]

024 ADVANCE PROCUREMENT (CY) ............................................... 55,652 55,652

025 MQ–8 UAV .......................................................................................... 72,435 72,435

MODIFICATION OF AIRCRAFT

029 AEA SYSTEMS ................................................................................... 51,900 51,900

030 AV–8 SERIES ..................................................................................... 60,818 60,818

031 ADVERSARY ...................................................................................... 5,191 5,191

032 F–18 SERIES ...................................................................................... 1,023,492 986,192

Unobligated balances .................................................................. [–37,300 ]

034 H–53 SERIES ...................................................................................... 46,095 46,095

035 SH–60 SERIES ................................................................................... 108,328 108,328

036 H–1 SERIES ........................................................................................ 46,333 46,333

037 EP–3 SERIES ...................................................................................... 14,681 14,681

038 P–3 SERIES ........................................................................................ 2,781 2,781

039 E–2 SERIES ........................................................................................ 32,949 32,949

040 TRAINER A/C SERIES ...................................................................... 13,199 13,199

041 C–2A .................................................................................................... 19,066 19,066

042 C–130 SERIES .................................................................................... 61,788 59,788

Training equipment unjustified growth (OSIP 022–07) ........... [–2,000 ]

043 FEWSG ................................................................................................ 618 618

044 CARGO/TRANSPORT A/C SERIES .................................................. 9,822 9,822

045 E–6 SERIES ........................................................................................ 222,077 222,077

046 EXECUTIVE HELICOPTERS SERIES ............................................ 66,835 66,835

047 SPECIAL PROJECT AIRCRAFT ...................................................... 16,497 16,497

048 T–45 SERIES ...................................................................................... 114,887 114,887

049 POWER PLANT CHANGES .............................................................. 16,893 14,893

Excess support growth ................................................................ [–2,000 ]

050 JPATS SERIES ................................................................................... 17,401 17,401

051 COMMON ECM EQUIPMENT ......................................................... 143,773 143,773

052 COMMON AVIONICS CHANGES .................................................... 164,839 164,839

053 COMMON DEFENSIVE WEAPON SYSTEM ................................. 4,403 4,403

054 ID SYSTEMS ...................................................................................... 45,768 45,768

055 P–8 SERIES ........................................................................................ 18,836 18,836

056 MAGTF EW FOR AVIATION ............................................................ 5,676 5,676

057 MQ–8 SERIES .................................................................................... 19,003 19,003

058 RQ–7 SERIES ..................................................................................... 3,534 3,534

059 V–22 (TILT/ROTOR ACFT) OSPREY ............................................... 141,545 141,545

060 F–35 STOVL SERIES ........................................................................ 34,928 34,928

061 F–35 CV SERIES ................................................................................ 26,004 26,004

062 QRC ..................................................................................................... 5,476 5,476

AIRCRAFT SPARES AND REPAIR PARTS

063 SPARES AND REPAIR PARTS ........................................................ 1,407,626 1,407,626

AIRCRAFT SUPPORT EQUIP & FACILITIES

064 COMMON GROUND EQUIPMENT ................................................. 390,103 390,103

065 AIRCRAFT INDUSTRIAL FACILITIES .......................................... 23,194 23,194

066 WAR CONSUMABLES ...................................................................... 40,613 40,613

067 OTHER PRODUCTION CHARGES .................................................. 860 860

068 SPECIAL SUPPORT EQUIPMENT ................................................. 36,282 36,282

069 FIRST DESTINATION TRANSPORTATION .................................. 1,523 1,523

TOTAL AIRCRAFT PROCUREMENT, NAVY ................. 14,109,148 13,951,776

WEAPONS PROCUREMENT, NAVY

MODIFICATION OF MISSILES

001 TRIDENT II MODS ............................................................................ 1,103,086 1,103,086

SUPPORT EQUIPMENT & FACILITIES

002 MISSILE INDUSTRIAL FACILITIES .............................................. 6,776 6,776

STRATEGIC MISSILES

003 TOMAHAWK ...................................................................................... 186,905 179,905

Tomahawk unit cost growth ....................................................... [–7,000 ]

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130 STAT. 2813 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

TACTICAL MISSILES

004 AMRAAM ............................................................................................ 204,697 197,447

Unit cost growth .......................................................................... [–7,250 ]

005 SIDEWINDER .................................................................................... 70,912 70,912

006 JSOW ................................................................................................... 2,232 2,232

007 STANDARD MISSILE ....................................................................... 501,212 497,968

Diminishing manufacturing sources excess growth ................. [–3,244 ]

008 RAM ..................................................................................................... 71,557 71,557

009 JOINT AIR GROUND MISSILE (JAGM) ......................................... 26,200 21,922

Unit cost savings ......................................................................... [–4,278 ]

012 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ........ 3,316 3,316

013 AERIAL TARGETS ............................................................................ 137,484 137,484

014 OTHER MISSILE SUPPORT ............................................................ 3,248 3,248

015 LRASM ................................................................................................ 29,643 29,643

MODIFICATION OF MISSILES

016 ESSM ................................................................................................... 52,935 52,935

018 HARM MODS ..................................................................................... 178,213 178,213

019 STANDARD MISSILES MODS ......................................................... 8,164 8,164

SUPPORT EQUIPMENT & FACILITIES

020 WEAPONS INDUSTRIAL FACILITIES .......................................... 1,964 1,964

021 FLEET SATELLITE COMM FOLLOW-ON ..................................... 36,723 36,723

ORDNANCE SUPPORT EQUIPMENT

022 ORDNANCE SUPPORT EQUIPMENT ............................................ 59,096 59,096

TORPEDOES AND RELATED EQUIP

023 SSTD .................................................................................................... 5,910 5,910

024 MK–48 TORPEDO .............................................................................. 44,537 44,537

025 ASW TARGETS .................................................................................. 9,302 9,302

MOD OF TORPEDOES AND RELATED EQUIP

026 MK–54 TORPEDO MODS ................................................................. 98,092 98,092

027 MK–48 TORPEDO ADCAP MODS ................................................... 46,139 46,139

028 QUICKSTRIKE MINE ....................................................................... 1,236 1,236

SUPPORT EQUIPMENT

029 TORPEDO SUPPORT EQUIPMENT ............................................... 60,061 60,061

030 ASW RANGE SUPPORT ................................................................... 3,706 3,706

DESTINATION TRANSPORTATION

031 FIRST DESTINATION TRANSPORTATION .................................. 3,804 3,804

GUNS AND GUN MOUNTS

032 SMALL ARMS AND WEAPONS ....................................................... 18,002 18,002

MODIFICATION OF GUNS AND GUN MOUNTS

033 CIWS MODS ....................................................................................... 50,900 50,900

034 COAST GUARD WEAPONS .............................................................. 25,295 25,295

035 GUN MOUNT MODS ......................................................................... 77,003 77,003

036 LCS MODULE WEAPONS ................................................................ 2,776 2,776

038 AIRBORNE MINE NEUTRALIZATION SYSTEMS ....................... 15,753 15,753

SPARES AND REPAIR PARTS

040 SPARES AND REPAIR PARTS ........................................................ 62,383 62,383

TOTAL WEAPONS PROCUREMENT, NAVY ................. 3,209,262 3,187,490

PROCUREMENT OF AMMO, NAVY & MC

NAVY AMMUNITION

001 GENERAL PURPOSE BOMBS ......................................................... 91,659 91,659

002 AIRBORNE ROCKETS, ALL TYPES ............................................... 65,759 65,759

003 MACHINE GUN AMMUNITION ...................................................... 8,152 8,152

004 PRACTICE BOMBS ........................................................................... 41,873 41,873

005 CARTRIDGES & CART ACTUATED DEVICES ............................. 54,002 54,002

006 AIR EXPENDABLE COUNTERMEASURES .................................. 57,034 57,034

007 JATOS ................................................................................................. 2,735 2,735

009 5 INCH/54 GUN AMMUNITION ...................................................... 19,220 19,220

010 INTERMEDIATE CALIBER GUN AMMUNITION ........................ 30,196 30,196

011 OTHER SHIP GUN AMMUNITION ................................................ 39,009 39,009

012 SMALL ARMS & LANDING PARTY AMMO .................................. 46,727 46,727

013 PYROTECHNIC AND DEMOLITION .............................................. 9,806 9,806

014 AMMUNITION LESS THAN $5 MILLION ..................................... 2,900 2,900

MARINE CORPS AMMUNITION

015 SMALL ARMS AMMUNITION ......................................................... 27,958 27,958

017 40 MM, ALL TYPES ........................................................................... 14,758 14,758

018 60MM, ALL TYPES ............................................................................ 992 992

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130 STAT. 2814 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

020 120MM, ALL TYPES .......................................................................... 16,757 12,157

120mm early to need ................................................................... [–4,600 ]

021 GRENADES, ALL TYPES ................................................................. 972 972

022 ROCKETS, ALL TYPES .................................................................... 14,186 14,186

023 ARTILLERY, ALL TYPES ................................................................. 68,656 68,656

024 DEMOLITION MUNITIONS, ALL TYPES ...................................... 1,700 1,700

025 FUZE, ALL TYPES ............................................................................ 26,088 26,088

027 AMMO MODERNIZATION ............................................................... 14,660 14,660

028 ITEMS LESS THAN $5 MILLION ................................................... 8,569 6,069

Early to need ................................................................................ [–2,500 ]

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 664,368 657,268

SHIPBUILDING AND CONVERSION, NAVY

FLEET BALLISTIC MISSILE SHIPS

001 OHIO REPLACEMENT SUBMARINE ADVANCE PROCURE-

MENT.

773,138 773,138

OTHER WARSHIPS

002 CARRIER REPLACEMENT PROGRAM .......................................... 1,291,783 1,291,783

003 ADVANCE PROCUREMENT (CY) ............................................... 1,370,784 1,370,784

004 VIRGINIA CLASS SUBMARINE ...................................................... 3,187,985 3,187,985

005 ADVANCE PROCUREMENT (CY) ............................................... 1,767,234 1,852,234

Long-lead Time Materiel Orders for Virginia Class ................. [85,000 ]

006 CVN REFUELING OVERHAULS .................................................... 1,743,220 1,743,220

007 ADVANCE PROCUREMENT (CY) ............................................... 248,599 248,599

008 DDG 1000 ............................................................................................ 271,756 271,756

009 DDG–51 ............................................................................................... 3,211,292 3,261,092

Fund additional FY16 destroyer ................................................ [49,800 ]

011 LITTORAL COMBAT SHIP ............................................................... 1,125,625 1,097,625

Unjustified growth ....................................................................... [–28,000 ]

AMPHIBIOUS SHIPS

012A AMPHIBIOUS SHIP REPLACEMENT LX(R) ................................. 440,000

Procurement of LPD–29 or LX (R) ............................................. [440,000 ]

016 LHA REPLACEMENT ....................................................................... 1,623,024 1,623,024

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST

020 ADVANCE PROCUREMENT (CY) ............................................... 73,079 73,079

022 MOORED TRAINING SHIP .............................................................. 624,527 624,527

025 OUTFITTING ...................................................................................... 666,158 645,054

Outfitting and post delivery funds early to need ...................... [–21,104 ]

026 SHIP TO SHORE CONNECTOR ...................................................... 128,067 128,067

027 SERVICE CRAFT ............................................................................... 65,192 65,192

028 LCAC SLEP ........................................................................................ 1,774 1,774

029 YP CRAFT MAINTENANCE/ROH/SLEP ........................................ 21,363 21,363

030 COMPLETION OF PY SHIPBUILDING PROGRAMS ................... 160,274 160,274

TOTAL SHIPBUILDING AND CONVERSION, NAVY .. 18,354,874 18,880,570

OTHER PROCUREMENT, NAVY

SHIP PROPULSION EQUIPMENT

003 SURFACE POWER EQUIPMENT .................................................... 15,514 15,514

004 HYBRID ELECTRIC DRIVE (HED) ................................................. 40,132 39,282

Installation early to need ............................................................ [–850 ]

GENERATORS

005 SURFACE COMBATANT HM&E ..................................................... 29,974 29,974

NAVIGATION EQUIPMENT

006 OTHER NAVIGATION EQUIPMENT .............................................. 63,942 63,942

OTHER SHIPBOARD EQUIPMENT

008 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG ............. 136,421 136,421

009 DDG MOD ........................................................................................... 367,766 367,766

010 FIREFIGHTING EQUIPMENT ........................................................ 14,743 14,743

011 COMMAND AND CONTROL SWITCHBOARD .............................. 2,140 2,140

012 LHA/LHD MIDLIFE ........................................................................... 24,939 24,939

014 POLLUTION CONTROL EQUIPMENT ........................................... 20,191 19,342

HF062 lightering systems unit cost growth .............................. [–849 ]

015 SUBMARINE SUPPORT EQUIPMENT .......................................... 8,995 8,995

016 VIRGINIA CLASS SUPPORT EQUIPMENT ................................... 66,838 66,838

017 LCS CLASS SUPPORT EQUIPMENT ............................................. 54,823 54,823

018 SUBMARINE BATTERIES ............................................................... 23,359 23,359

019 LPD CLASS SUPPORT EQUIPMENT ............................................. 40,321 40,321

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130 STAT. 2815 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

020 DDG 1000 CLASS SUPPORT EQUIPMENT ................................... 33,404 33,404

021 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 15,836 15,836

022 DSSP EQUIPMENT ........................................................................... 806 806

024 LCAC ................................................................................................... 3,090 3,090

025 UNDERWATER EOD PROGRAMS .................................................. 24,350 24,350

026 ITEMS LESS THAN $5 MILLION ................................................... 88,719 86,899

LSD boat davit kit cost growth .................................................. [–993 ]

Propellers and shafts unit cost growth ...................................... [–827 ]

027 CHEMICAL WARFARE DETECTORS ............................................ 2,873 2,873

028 SUBMARINE LIFE SUPPORT SYSTEM ........................................ 6,043 6,043

REACTOR PLANT EQUIPMENT

030 REACTOR COMPONENTS ............................................................... 342,158 342,158

OCEAN ENGINEERING

031 DIVING AND SALVAGE EQUIPMENT .......................................... 8,973 8,973

SMALL BOATS

032 STANDARD BOATS ........................................................................... 43,684 43,684

PRODUCTION FACILITIES EQUIPMENT

034 OPERATING FORCES IPE ............................................................... 75,421 75,421

OTHER SHIP SUPPORT

035 NUCLEAR ALTERATIONS ............................................................... 172,718 172,718

036 LCS COMMON MISSION MODULES EQUIPMENT .................... 27,840 17,840

RMMV program restructure ....................................................... [–10,000 ]

037 LCS MCM MISSION MODULES ..................................................... 57,146 57,146

038 LCS ASW MISSION MODULES ...................................................... 31,952 21,952

Early to need ................................................................................ [–10,000 ]

039 LCS SUW MISSION MODULES ...................................................... 22,466 21,064

MK–46 gun weapon system contract delays ............................. [–1,402 ]

LOGISTIC SUPPORT

041 LSD MIDLIFE .................................................................................... 10,813 10,813

SHIP SONARS

042 SPQ–9B RADAR ................................................................................. 14,363 14,363

043 AN/SQQ–89 SURF ASW COMBAT SYSTEM .................................. 90,029 90,029

045 SSN ACOUSTIC EQUIPMENT ........................................................ 248,765 248,765

046 UNDERSEA WARFARE SUPPORT EQUIPMENT ........................ 7,163 7,163

ASW ELECTRONIC EQUIPMENT

048 SUBMARINE ACOUSTIC WARFARE SYSTEM ............................ 21,291 21,291

049 SSTD .................................................................................................... 6,893 6,893

050 FIXED SURVEILLANCE SYSTEM .................................................. 145,701 145,701

051 SURTASS ............................................................................................ 36,136 36,136

ELECTRONIC WARFARE EQUIPMENT

053 AN/SLQ–32 .......................................................................................... 274,892 266,641

Block 3 excess support ................................................................ [–4,270 ]

Block 3T excess support .............................................................. [–1,000 ]

Block 3T installation prior year carryover ................................ [–2,981 ]

RECONNAISSANCE EQUIPMENT

054 SHIPBOARD IW EXPLOIT ............................................................... 170,733 170,733

055 AUTOMATED IDENTIFICATION SYSTEM (AIS) ......................... 958 958

OTHER SHIP ELECTRONIC EQUIPMENT

057 COOPERATIVE ENGAGEMENT CAPABILITY ............................. 22,034 22,034

059 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ... 12,336 12,336

060 ATDLS ................................................................................................. 30,105 30,105

061 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ................. 4,556 4,556

062 MINESWEEPING SYSTEM REPLACEMENT ................................ 56,675 32,198

Ahead of need .............................................................................. [–24,477 ]

063 SHALLOW WATER MCM ................................................................. 8,875 8,875

064 NAVSTAR GPS RECEIVERS (SPACE) ............................................ 12,752 12,752

065 AMERICAN FORCES RADIO AND TV SERVICE ......................... 4,577 4,577

066 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 8,972 8,972

AVIATION ELECTRONIC EQUIPMENT

069 ASHORE ATC EQUIPMENT ............................................................ 75,068 75,068

070 AFLOAT ATC EQUIPMENT ............................................................. 33,484 33,484

076 ID SYSTEMS ...................................................................................... 22,177 22,177

077 NAVAL MISSION PLANNING SYSTEMS ...................................... 14,273 14,273

OTHER SHORE ELECTRONIC EQUIPMENT

080 TACTICAL/MOBILE C4I SYSTEMS ................................................ 27,927 27,927

081 DCGS-N ............................................................................................... 12,676 12,676

082 CANES ................................................................................................. 212,030 212,030

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130 STAT. 2816 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

083 RADIAC ............................................................................................... 8,092 8,092

084 CANES-INTELL ................................................................................. 36,013 36,013

085 GPETE ................................................................................................. 6,428 6,428

087 INTEG COMBAT SYSTEM TEST FACILITY ................................. 8,376 8,376

088 EMI CONTROL INSTRUMENTATION ........................................... 3,971 3,971

089 ITEMS LESS THAN $5 MILLION ................................................... 58,721 58,721

SHIPBOARD COMMUNICATIONS

090 SHIPBOARD TACTICAL COMMUNICATIONS ............................. 17,366 17,366

091 SHIP COMMUNICATIONS AUTOMATION ................................... 102,479 102,479

092 COMMUNICATIONS ITEMS UNDER $5M .................................... 10,403 10,403

SUBMARINE COMMUNICATIONS

093 SUBMARINE BROADCAST SUPPORT ........................................... 34,151 34,151

094 SUBMARINE COMMUNICATION EQUIPMENT .......................... 64,529 64,529

SATELLITE COMMUNICATIONS

095 SATELLITE COMMUNICATIONS SYSTEMS ................................ 14,414 14,414

096 NAVY MULTIBAND TERMINAL (NMT) ........................................ 38,365 38,365

SHORE COMMUNICATIONS

097 JCS COMMUNICATIONS EQUIPMENT ........................................ 4,156 4,156

CRYPTOGRAPHIC EQUIPMENT

099 INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................ 85,694 85,694

100 MIO INTEL EXPLOITATION TEAM ............................................... 920 920

CRYPTOLOGIC EQUIPMENT

101 CRYPTOLOGIC COMMUNICATIONS EQUIP ............................... 21,098 21,098

OTHER ELECTRONIC SUPPORT

102 COAST GUARD EQUIPMENT ......................................................... 32,291 32,291

SONOBUOYS

103 SONOBUOYS—ALL TYPES ............................................................. 162,588 159,541

Excess unit cost growth .............................................................. [–3,047 ]

AIRCRAFT SUPPORT EQUIPMENT

104 WEAPONS RANGE SUPPORT EQUIPMENT ................................ 58,116 58,116

105 AIRCRAFT SUPPORT EQUIPMENT ............................................... 120,324 120,324

106 METEOROLOGICAL EQUIPMENT ................................................. 29,253 29,253

107 DCRS/DPL ........................................................................................... 632 632

108 AIRBORNE MINE COUNTERMEASURES .................................... 29,097 29,097

109 AVIATION SUPPORT EQUIPMENT ............................................... 39,099 39,099

SHIP GUN SYSTEM EQUIPMENT

110 SHIP GUN SYSTEMS EQUIPMENT ............................................... 6,191 6,191

SHIP MISSILE SYSTEMS EQUIPMENT

111 SHIP MISSILE SUPPORT EQUIPMENT ........................................ 320,446 310,946

Program execution ....................................................................... [–9,500 ]

112 TOMAHAWK SUPPORT EQUIPMENT ........................................... 71,046 71,046

FBM SUPPORT EQUIPMENT

113 STRATEGIC MISSILE SYSTEMS EQUIP ...................................... 215,138 215,138

ASW SUPPORT EQUIPMENT

114 SSN COMBAT CONTROL SYSTEMS .............................................. 130,715 130,715

115 ASW SUPPORT EQUIPMENT ......................................................... 26,431 26,431

OTHER ORDNANCE SUPPORT EQUIPMENT

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................... 11,821 11,821

117 ITEMS LESS THAN $5 MILLION ................................................... 6,243 6,243

OTHER EXPENDABLE ORDNANCE

118 SUBMARINE TRAINING DEVICE MODS ..................................... 48,020 48,020

120 SURFACE TRAINING EQUIPMENT .............................................. 97,514 94,979

Unjustified growth ....................................................................... [–2,535 ]

CIVIL ENGINEERING SUPPORT EQUIPMENT

121 PASSENGER CARRYING VEHICLES ............................................ 8,853 8,853

122 GENERAL PURPOSE TRUCKS ....................................................... 4,928 4,928

123 CONSTRUCTION & MAINTENANCE EQUIP ............................... 18,527 18,527

124 FIRE FIGHTING EQUIPMENT ....................................................... 13,569 13,569

125 TACTICAL VEHICLES ...................................................................... 14,917 14,917

126 AMPHIBIOUS EQUIPMENT ............................................................ 7,676 7,676

127 POLLUTION CONTROL EQUIPMENT ........................................... 2,321 2,321

128 ITEMS UNDER $5 MILLION ........................................................... 12,459 12,459

129 PHYSICAL SECURITY VEHICLES ................................................. 1,095 1,095

SUPPLY SUPPORT EQUIPMENT

131 SUPPLY EQUIPMENT ...................................................................... 16,023 16,023

133 FIRST DESTINATION TRANSPORTATION .................................. 5,115 5,115

134 SPECIAL PURPOSE SUPPLY SYSTEMS ....................................... 295,471 295,471

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130 STAT. 2817 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

TRAINING DEVICES

136 TRAINING AND EDUCATION EQUIPMENT ................................ 9,504 9,504

COMMAND SUPPORT EQUIPMENT

137 COMMAND SUPPORT EQUIPMENT ............................................. 37,180 29,980

CNIC building control systems unjustified request .................. [–7,200 ]

139 MEDICAL SUPPORT EQUIPMENT ................................................ 4,128 4,128

141 NAVAL MIP SUPPORT EQUIPMENT ............................................ 1,925 1,925

142 OPERATING FORCES SUPPORT EQUIPMENT ........................... 4,777 4,777

143 C4ISR EQUIPMENT .......................................................................... 9,073 9,073

144 ENVIRONMENTAL SUPPORT EQUIPMENT ................................ 21,107 21,107

145 PHYSICAL SECURITY EQUIPMENT ............................................. 100,906 100,906

146 ENTERPRISE INFORMATION TECHNOLOGY ............................ 67,544 67,544

OTHER

150 NEXT GENERATION ENTERPRISE SERVICE ............................. 98,216 98,216

CLASSIFIED PROGRAMS

150A CLASSIFIED PROGRAMS ................................................................ 9,915 9,915

SPARES AND REPAIR PARTS

151 SPARES AND REPAIR PARTS ........................................................ 199,660 199,660

TOTAL OTHER PROCUREMENT, NAVY ....................... 6,338,861 6,258,930

PROCUREMENT, MARINE CORPS

TRACKED COMBAT VEHICLES

001 AAV7A1 PIP ........................................................................................ 73,785 71,785

Production engineering support excess growth ......................... [–2,000 ]

002 LAV PIP .............................................................................................. 53,423 53,423

ARTILLERY AND OTHER WEAPONS

003 EXPEDITIONARY FIRE SUPPORT SYSTEM ................................ 3,360 3,360

004 155MM LIGHTWEIGHT TOWED HOWITZER ............................... 3,318 3,318

005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ....................... 33,725 33,725

006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .... 8,181 8,181

OTHER SUPPORT

007 MODIFICATION KITS ...................................................................... 15,250 15,250

GUIDED MISSILES

009 GROUND BASED AIR DEFENSE ................................................... 9,170 9,170

010 JAVELIN ............................................................................................. 1,009 1,009

011 FOLLOW ON TO SMAW ................................................................... 24,666 24,666

012 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ............... 17,080 17,080

COMMAND AND CONTROL SYSTEMS

015 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 47,312 47,312

REPAIR AND TEST EQUIPMENT

016 REPAIR AND TEST EQUIPMENT .................................................. 16,469 16,469

COMMAND AND CONTROL SYSTEM (NON-TEL)

019 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................ 7,433 7,433

020 AIR OPERATIONS C2 SYSTEMS .................................................... 15,917 15,917

RADAR + EQUIPMENT (NON-TEL)

021 RADAR SYSTEMS ............................................................................. 17,772 17,772

022 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) .................... 123,758 123,758

023 RQ–21 UAS ......................................................................................... 80,217 80,217

INTELL/COMM EQUIPMENT (NON-TEL)

024 GCSS-MC ............................................................................................ 1,089 1,089

025 FIRE SUPPORT SYSTEM ................................................................. 13,258 13,258

026 INTELLIGENCE SUPPORT EQUIPMENT ..................................... 56,379 56,379

029 RQ–11 UAV ......................................................................................... 1,976 1,976

031 DCGS-MC ............................................................................................ 1,149 1,149

032 UAS PAYLOADS ................................................................................ 2,971 2,971

OTHER SUPPORT (NON-TEL)

034 NEXT GENERATION ENTERPRISE NETWORK (NGEN) ........... 76,302 76,302

035 COMMON COMPUTER RESOURCES ............................................ 41,802 39,477

Prior year carryover .................................................................... [–2,325 ]

036 COMMAND POST SYSTEMS ........................................................... 90,924 90,924

037 RADIO SYSTEMS .............................................................................. 43,714 43,714

038 COMM SWITCHING & CONTROL SYSTEMS ............................... 66,383 66,383

039 COMM & ELEC INFRASTRUCTURE SUPPORT .......................... 30,229 30,229

CLASSIFIED PROGRAMS

039A CLASSIFIED PROGRAMS ................................................................ 2,738 2,738

ADMINISTRATIVE VEHICLES

041 COMMERCIAL CARGO VEHICLES ................................................ 88,312 88,312

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130 STAT. 2818 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

TACTICAL VEHICLES

043 MOTOR TRANSPORT MODIFICATIONS ....................................... 13,292 13,292

045 JOINT LIGHT TACTICAL VEHICLE .............................................. 113,230 113,230

046 FAMILY OF TACTICAL TRAILERS ................................................ 2,691 2,691

ENGINEER AND OTHER EQUIPMENT

048 ENVIRONMENTAL CONTROL EQUIP ASSORT .......................... 18 18

050 TACTICAL FUEL SYSTEMS ............................................................ 78 78

051 POWER EQUIPMENT ASSORTED ................................................. 17,973 17,973

052 AMPHIBIOUS SUPPORT EQUIPMENT ......................................... 7,371 7,371

053 EOD SYSTEMS .................................................................................. 14,021 14,021

MATERIALS HANDLING EQUIPMENT

054 PHYSICAL SECURITY EQUIPMENT ............................................. 31,523 31,523

GENERAL PROPERTY

058 TRAINING DEVICES ........................................................................ 33,658 33,658

060 FAMILY OF CONSTRUCTION EQUIPMENT ................................ 21,315 21,315

061 FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) ........ 9,654 9,654

OTHER SUPPORT

062 ITEMS LESS THAN $5 MILLION ................................................... 6,026 6,026

SPARES AND REPAIR PARTS

064 SPARES AND REPAIR PARTS ........................................................ 22,848 22,848

TOTAL PROCUREMENT, MARINE CORPS .................. 1,362,769 1,358,444

AIRCRAFT PROCUREMENT, AIR FORCE

TACTICAL FORCES

001 F–35 ..................................................................................................... 4,401,894 4,188,894

Program efficiencies .................................................................... [–213,000 ]

002 ADVANCE PROCUREMENT (CY) ............................................... 404,500 404,500

TACTICAL AIRLIFT

003 KC–46A TANKER .............................................................................. 2,884,591 2,884,591

OTHER AIRLIFT

004 C–130J ................................................................................................. 145,655 145,655

006 HC–130J .............................................................................................. 317,576 317,576

007 ADVANCE PROCUREMENT (CY) ............................................... 20,000 20,000

008 MC–130J ............................................................................................. 548,358 548,358

009 ADVANCE PROCUREMENT (CY) ............................................... 50,000 50,000

HELICOPTERS

010 UH–1N REPLACEMENT .................................................................. 18,337 18,337

MISSION SUPPORT AIRCRAFT

012 CIVIL AIR PATROL A/C ................................................................... 2,637 2,637

OTHER AIRCRAFT

013 TARGET DRONES ............................................................................. 114,656 114,656

014 RQ–4 .................................................................................................... 12,966 12,966

015 MQ–9 ................................................................................................... 122,522 122,522

STRATEGIC AIRCRAFT

016 B–2A .................................................................................................... 46,729 46,729

017 B–1B .................................................................................................... 116,319 116,319

018 B–52 ..................................................................................................... 109,020 109,020

TACTICAL AIRCRAFT

020 A–10 ..................................................................................................... 1,289 1,289

021 F–15 ..................................................................................................... 105,685 105,685

022 F–16 ..................................................................................................... 97,331 114,331

Active missile warning system ................................................... [12,000 ]

Anti-jam global positioning system (GPS) upgrade .................. [5,000 ]

023 F–22A .................................................................................................. 163,008 163,008

024 F–35 MODIFICATIONS ..................................................................... 175,811 175,811

025 INCREMENT 3.2B ............................................................................. 76,410 76,410

026 ADVANCE PROCUREMENT (CY) ............................................... 2,000 2,000

AIRLIFT AIRCRAFT

027 C–5 ....................................................................................................... 24,192 24,192

029 C–17A .................................................................................................. 21,555 21,555

030 C–21 ..................................................................................................... 5,439 5,439

031 C–32A .................................................................................................. 35,235 35,235

032 C–37A .................................................................................................. 5,004 5,004

TRAINER AIRCRAFT

033 GLIDER MODS .................................................................................. 394 394

034 T–6 ....................................................................................................... 12,765 12,765

035 T–1 ....................................................................................................... 25,073 17,073

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130 STAT. 2819 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

Production schedule slip ............................................................. [–8,000 ]

036 T–38 ..................................................................................................... 45,090 45,090

OTHER AIRCRAFT

037 U–2 MODS .......................................................................................... 36,074 36,074

038 KC–10A (ATCA) .................................................................................. 4,570 4,570

039 C–12 ..................................................................................................... 1,995 1,995

040 VC–25A MOD ...................................................................................... 102,670 102,670

041 C–40 ..................................................................................................... 13,984 13,984

042 C–130 ................................................................................................... 9,168 81,668

8–Bladed Propellers .................................................................... [16,000 ]

Electronic Propeller Control Systems ........................................ [13,500 ]

In-flight Propeller Balancing System Certification .................. [1,500 ]

T56 3.5 Engine Upgrade Kits ..................................................... [41,500 ]

043 C–130J MODS .................................................................................... 89,424 89,424

044 C–135 ................................................................................................... 64,161 64,161

045 COMPASS CALL MODS .................................................................... 130,257 59,857

Compass Call Program Restructure .......................................... [–70,400 ]

046 RC–135 ................................................................................................ 211,438 211,438

047 E–3 ....................................................................................................... 82,786 82,786

048 E–4 ....................................................................................................... 53,348 53,348

049 E–8 ....................................................................................................... 6,244 6,244

050 AIRBORNE WARNING AND CONTROL SYSTEM ....................... 223,427 223,427

051 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ................. 4,673 4,673

052 H–1 ....................................................................................................... 9,007 9,007

054 H–60 ..................................................................................................... 91,357 91,357

055 RQ–4 MODS ........................................................................................ 32,045 32,045

056 HC/MC–130 MODIFICATIONS ........................................................ 30,767 30,767

057 OTHER AIRCRAFT ............................................................................ 33,886 33,886

059 MQ–9 MODS ....................................................................................... 141,929 141,929

060 CV–22 MODS ...................................................................................... 63,395 63,395

AIRCRAFT SPARES AND REPAIR PARTS

061 INITIAL SPARES/REPAIR PARTS .................................................. 686,491 673,291

Compass Call Program Restructure .......................................... [–13,200 ]

COMMON SUPPORT EQUIPMENT

062 AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................ 121,935 121,935

POST PRODUCTION SUPPORT

063 B–2A .................................................................................................... 154 154

064 B–2A .................................................................................................... 43,330 43,330

065 B–52 ..................................................................................................... 28,125 28,125

066 C–17A .................................................................................................. 23,559 23,559

069 F–15 ..................................................................................................... 2,980 2,980

070 F–16 ..................................................................................................... 15,155 39,955

Additional mission trainers ........................................................ [24,800 ]

071 F–22A .................................................................................................. 48,505 48,505

074 RQ–4 POST PRODUCTION CHARGES .......................................... 99 99

INDUSTRIAL PREPAREDNESS

075 INDUSTRIAL RESPONSIVENESS .................................................. 14,126 14,126

WAR CONSUMABLES

076 WAR CONSUMABLES ...................................................................... 120,036 120,036

OTHER PRODUCTION CHARGES

077 OTHER PRODUCTION CHARGES .................................................. 1,252,824 1,252,824

CLASSIFIED PROGRAMS

077A CLASSIFIED PROGRAMS ................................................................ 16,952 119,952

Compass Call Program Restructure .......................................... [103,000 ]

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..... 13,922,917 13,835,617

MISSILE PROCUREMENT, AIR FORCE

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC

001 MISSILE REPLACEMENT EQ-BALLISTIC ................................... 70,247 70,247

TACTICAL

002 JOINT AIR-SURFACE STANDOFF MISSILE ................................ 431,645 431,645

003 LRASM0 .............................................................................................. 59,511 59,511

004 SIDEWINDER (AIM–9X) ................................................................... 127,438 127,438

005 AMRAAM ............................................................................................ 350,144 339,392

Pricing adjustment ...................................................................... [–10,752 ]

006 PREDATOR HELLFIRE MISSILE ................................................... 33,955 33,955

007 SMALL DIAMETER BOMB .............................................................. 92,361 92,361

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130 STAT. 2820 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

INDUSTRIAL FACILITIES

008 INDUSTR’L PREPAREDNS/POL PREVENTION ........................... 977 977

CLASS IV

009 ICBM FUZE MOD .............................................................................. 17,095 17,095

010 MM III MODIFICATIONS ................................................................. 68,692 68,692

011 AGM–65D MAVERICK ...................................................................... 282 282

013 AIR LAUNCH CRUISE MISSILE (ALCM) ...................................... 21,762 21,762

014 SMALL DIAMETER BOMB .............................................................. 15,349 15,349

MISSILE SPARES AND REPAIR PARTS

015 INITIAL SPARES/REPAIR PARTS .................................................. 81,607 81,607

SPECIAL PROGRAMS

030 SPECIAL UPDATE PROGRAMS ...................................................... 46,125 46,125

CLASSIFIED PROGRAMS

030A CLASSIFIED PROGRAMS ................................................................ 1,009,431 1,009,431

TOTAL MISSILE PROCUREMENT, AIR FORCE ......... 2,426,621 2,415,869

SPACE PROCUREMENT, AIR FORCE

SPACE PROGRAMS

001 ADVANCED EHF ............................................................................... 645,569 645,569

002 AF SATELLITE COMM SYSTEM .................................................... 42,375 42,375

003 COUNTERSPACE SYSTEMS ........................................................... 26,984 26,984

004 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ................. 88,963 88,963

005 WIDEBAND GAPFILLER SATELLITES(SPACE) .......................... 86,272 86,272

006 GPS III SPACE SEGMENT ............................................................... 34,059 34,059

007 GLOBAL POSTIONING (SPACE) .................................................... 2,169 2,169

008 SPACEBORNE EQUIP (COMSEC) .................................................. 46,708 46,708

009 GLOBAL POSITIONING (SPACE) ................................................... 13,171 10,271

Excess to Need ............................................................................. [–2,900 ]

010 MILSATCOM ...................................................................................... 41,799 41,799

011 EVOLVED EXPENDABLE LAUNCH CAPABILITY ...................... 768,586 742,586

Early to need ................................................................................ [–26,000 ]

012 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ...................... 737,853 536,853

Early to need ................................................................................ [–201,000 ]

013 SBIR HIGH (SPACE) ......................................................................... 362,504 362,504

014 NUDET DETECTION SYSTEM ....................................................... 4,395 4,395

015 SPACE MODS ..................................................................................... 8,642 8,642

016 SPACELIFT RANGE SYSTEM SPACE ........................................... 123,088 123,088

SSPARES

017 INITIAL SPARES/REPAIR PARTS .................................................. 22,606 22,606

TOTAL SPACE PROCUREMENT, AIR FORCE ............. 3,055,743 2,825,843

PROCUREMENT OF AMMUNITION, AIR FORCE

ROCKETS

001 ROCKETS ........................................................................................... 18,734 18,734

CARTRIDGES

002 CARTRIDGES ..................................................................................... 220,237 220,237

BOMBS

003 PRACTICE BOMBS ........................................................................... 97,106 97,106

004 GENERAL PURPOSE BOMBS ......................................................... 581,561 581,561

005 MASSIVE ORDNANCE PENETRATOR (MOP) .............................. 3,600 3,600

006 JOINT DIRECT ATTACK MUNITION ............................................ 303,988 297,988

Pricing adjustment for increased quantity ................................ [–6,000 ]

OTHER ITEMS

007 CAD/PAD ............................................................................................. 38,890 38,890

008 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ................................. 5,714 5,714

009 SPARES AND REPAIR PARTS ........................................................ 740 740

010 MODIFICATIONS .............................................................................. 573 573

011 ITEMS LESS THAN $5 MILLION ................................................... 5,156 5,156

FLARES

012 FLARES ............................................................................................... 134,709 134,709

FUZES

013 FUZES ................................................................................................. 229,252 229,252

SMALL ARMS

014 SMALL ARMS .................................................................................... 37,459 37,459

TOTAL PROCUREMENT OF AMMUNITION, AIR

FORCE.

1,677,719 1,671,719

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130 STAT. 2821 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

OTHER PROCUREMENT, AIR FORCE

PASSENGER CARRYING VEHICLES

001 PASSENGER CARRYING VEHICLES ............................................ 14,437 14,437

CARGO AND UTILITY VEHICLES

002 MEDIUM TACTICAL VEHICLE ...................................................... 24,812 24,812

003 CAP VEHICLES ................................................................................. 984 984

004 ITEMS LESS THAN $5 MILLION ................................................... 11,191 11,191

SPECIAL PURPOSE VEHICLES

005 SECURITY AND TACTICAL VEHICLES ........................................ 5,361 5,361

006 ITEMS LESS THAN $5 MILLION ................................................... 4,623 4,623

FIRE FIGHTING EQUIPMENT

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................ 12,451 12,451

MATERIALS HANDLING EQUIPMENT

008 ITEMS LESS THAN $5 MILLION ................................................... 18,114 18,114

BASE MAINTENANCE SUPPORT

009 RUNWAY SNOW REMOV & CLEANING EQUIP ......................... 2,310 2,310

010 ITEMS LESS THAN $5 MILLION ................................................... 46,868 46,868

COMM SECURITY EQUIPMENT(COMSEC)

012 COMSEC EQUIPMENT ..................................................................... 72,359 72,359

INTELLIGENCE PROGRAMS

014 INTELLIGENCE TRAINING EQUIPMENT ................................... 6,982 6,982

015 INTELLIGENCE COMM EQUIPMENT .......................................... 30,504 30,504

ELECTRONICS PROGRAMS

016 AIR TRAFFIC CONTROL & LANDING SYS .................................. 55,803 55,803

017 NATIONAL AIRSPACE SYSTEM .................................................... 2,673 2,673

018 BATTLE CONTROL SYSTEM—FIXED ........................................... 5,677 5,677

019 THEATER AIR CONTROL SYS IMPROVEMENTS ....................... 1,163 1,163

020 WEATHER OBSERVATION FORECAST ........................................ 21,667 21,667

021 STRATEGIC COMMAND AND CONTROL ..................................... 39,803 39,803

022 CHEYENNE MOUNTAIN COMPLEX ............................................. 24,618 24,618

023 MISSION PLANNING SYSTEMS .................................................... 15,868 15,868

025 INTEGRATED STRAT PLAN & ANALY NETWORK (ISPAN) ..... 9,331 9,331

SPCL COMM-ELECTRONICS PROJECTS

026 GENERAL INFORMATION TECHNOLOGY .................................. 41,779 41,779

027 AF GLOBAL COMMAND & CONTROL SYS .................................. 15,729 15,729

028 MOBILITY COMMAND AND CONTROL ....................................... 9,814 9,814

029 AIR FORCE PHYSICAL SECURITY SYSTEM ............................... 99,460 99,460

030 COMBAT TRAINING RANGES ........................................................ 34,850 34,850

031 MINIMUM ESSENTIAL EMERGENCY COMM N ........................ 198,925 198,925

032 WIDE AREA SURVEILLANCE (WAS) ............................................ 6,943 6,943

033 C3 COUNTERMEASURES ................................................................ 19,580 19,580

034 GCSS-AF FOS ..................................................................................... 1,743 1,743

036 THEATER BATTLE MGT C2 SYSTEM ........................................... 9,659 9,659

037 AIR & SPACE OPERATIONS CTR-WPN SYS ................................ 15,474 15,474

038 AIR OPERATIONS CENTER (AOC) 10.2 ........................................ 30,623 15,323

Fielding ......................................................................................... [–15,300 ]

AIR FORCE COMMUNICATIONS

039 INFORMATION TRANSPORT SYSTEMS ....................................... 40,043 40,043

040 AFNET ................................................................................................. 146,897 146,897

041 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........ 5,182 5,182

042 USCENTCOM ..................................................................................... 13,418 13,418

ORGANIZATION AND BASE

052 TACTICAL C-E EQUIPMENT .......................................................... 109,836 109,836

053 RADIO EQUIPMENT ......................................................................... 16,266 16,266

054 CCTV/AUDIOVISUAL EQUIPMENT ............................................... 7,449 7,449

055 BASE COMM INFRASTRUCTURE .................................................. 109,215 109,215

MODIFICATIONS

056 COMM ELECT MODS ....................................................................... 65,700 65,700

PERSONAL SAFETY & RESCUE EQUIP

058 ITEMS LESS THAN $5 MILLION ................................................... 54,416 54,416

DEPOT PLANT+MTRLS HANDLING EQ

059 MECHANIZED MATERIAL HANDLING EQUIP ........................... 7,344 7,344

BASE SUPPORT EQUIPMENT

060 BASE PROCURED EQUIPMENT .................................................... 6,852 6,852

063 MOBILITY EQUIPMENT .................................................................. 8,146 8,146

064 ITEMS LESS THAN $5 MILLION ................................................... 28,427 28,427

SPECIAL SUPPORT PROJECTS

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130 STAT. 2822 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

066 DARP RC135 ....................................................................................... 25,287 25,287

067 DCGS-AF ............................................................................................. 169,201 169,201

069 SPECIAL UPDATE PROGRAM ........................................................ 576,710 576,710

CLASSIFIED PROGRAMS

070A CLASSIFIED PROGRAMS ................................................................ 15,119,705 15,119,705

SPARES AND REPAIR PARTS

072 SPARES AND REPAIR PARTS ........................................................ 15,784 15,784

TOTAL OTHER PROCUREMENT, AIR FORCE ............ 17,438,056 17,422,756

PROCUREMENT, DEFENSE-WIDE

MAJOR EQUIPMENT, WHS

037 MAJOR EQUIPMENT, OSD ............................................................. 29,211 29,211

MAJOR EQUIPMENT, NSA

036 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) .......... 4,399 4,399

MAJOR EQUIPMENT, WHS

040 MAJOR EQUIPMENT, WHS ............................................................ 24,979 24,979

MAJOR EQUIPMENT, DISA

006 INFORMATION SYSTEMS SECURITY .......................................... 21,347 21,347

007 TELEPORT PROGRAM ..................................................................... 50,597 50,597

008 ITEMS LESS THAN $5 MILLION ................................................... 10,420 10,420

009 NET CENTRIC ENTERPRISE SERVICES (NCES) ....................... 1,634 1,634

010 DEFENSE INFORMATION SYSTEM NETWORK ......................... 87,235 87,235

011 CYBER SECURITY INITIATIVE ..................................................... 4,528 4,528

012 WHITE HOUSE COMMUNICATION AGENCY ............................. 36,846 36,846

013 SENIOR LEADERSHIP ENTERPRISE ........................................... 599,391 599,391

015 JOINT REGIONAL SECURITY STACKS (JRSS) ........................... 150,221 150,221

MAJOR EQUIPMENT, DLA

017 MAJOR EQUIPMENT ....................................................................... 2,055 2,055

MAJOR EQUIPMENT, DSS

020 MAJOR EQUIPMENT ....................................................................... 1,057 1,057

MAJOR EQUIPMENT, DCAA

001 ITEMS LESS THAN $5 MILLION ................................................... 2,964 2,964

MAJOR EQUIPMENT, TJS

038 MAJOR EQUIPMENT, TJS ............................................................... 7,988 7,988

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY

023 THAAD ................................................................................................ 369,608 369,608

024 AEGIS BMD ........................................................................................ 463,801 528,801

Increasing BMD capability for Aegis Ships .............................. [65,000 ]

025 BMDS AN/TPY–2 RADARS ............................................................... 5,503 5,503

026 ARROW UPPER TIER ....................................................................... 120,000

Increase for Arrow 3 Coproduction subject to Title XVI .......... [120,000 ]

027 DAVID’S SLING ................................................................................. 150,000

Increase for DSWS Coproduction subject to Title XVI ............. [150,000 ]

028 AEGIS ASHORE PHASE III ............................................................. 57,493 57,493

029 IRON DOME ....................................................................................... 42,000 62,000

Increase for Coproduction of Iron Dome Tamir Interceptors

subject to Title XVI.

[20,000 ]

030 AEGIS BMD HARDWARE AND SOFTWARE ................................ 50,098 50,098

MAJOR EQUIPMENT, DHRA

003 PERSONNEL ADMINISTRATION ................................................... 14,232 14,232

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION

AGENCY

021 VEHICLES .......................................................................................... 200 200

022 OTHER MAJOR EQUIPMENT ......................................................... 6,437 6,437

MAJOR EQUIPMENT, DODEA

019 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ......... 288 288

MAJOR EQUIPMENT, DCMA

002 MAJOR EQUIPMENT ....................................................................... 92 92

MAJOR EQUIPMENT, DMACT

018 MAJOR EQUIPMENT ....................................................................... 8,060 8,060

CLASSIFIED PROGRAMS

040A CLASSIFIED PROGRAMS ................................................................ 568,864 568,864

AVIATION PROGRAMS

042 ROTARY WING UPGRADES AND SUSTAINMENT ..................... 150,396 150,396

043 UNMANNED ISR ............................................................................... 21,190 21,190

045 NON-STANDARD AVIATION ........................................................... 4,905 4,905

046 U–28 ..................................................................................................... 3,970 3,970

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130 STAT. 2823 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

047 MH–47 CHINOOK .............................................................................. 25,022 25,022

049 CV–22 MODIFICATION .................................................................... 19,008 19,008

051 MQ–9 UNMANNED AERIAL VEHICLE ......................................... 10,598 10,598

053 PRECISION STRIKE PACKAGE ..................................................... 213,122 200,072

SOCOM requested transfer ........................................................ [–13,050 ]

054 AC/MC–130J ....................................................................................... 73,548 86,598

SOCOM requested transfer ........................................................ [13,050 ]

055 C–130 MODIFICATIONS .................................................................. 32,970 32,970

SHIPBUILDING

056 UNDERWATER SYSTEMS ............................................................... 37,098 37,098

AMMUNITION PROGRAMS

057 ORDNANCE ITEMS <$5M ................................................................ 105,267 105,267

OTHER PROCUREMENT PROGRAMS

058 INTELLIGENCE SYSTEMS ............................................................. 79,963 79,963

059 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........ 13,432 13,432

060 OTHER ITEMS <$5M ........................................................................ 66,436 66,436

061 COMBATANT CRAFT SYSTEMS .................................................... 55,820 55,820

062 SPECIAL PROGRAMS ....................................................................... 107,432 107,432

063 TACTICAL VEHICLES ...................................................................... 67,849 67,849

064 WARRIOR SYSTEMS <$5M .............................................................. 245,781 245,781

065 COMBAT MISSION REQUIREMENTS ........................................... 19,566 19,566

066 GLOBAL VIDEO SURVEILLANCE ACTIVITIES .......................... 3,437 3,437

067 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................. 17,299 17,299

069 OPERATIONAL ENHANCEMENTS ................................................ 219,945 219,945

CBDP

070 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ........... 148,203 148,203

071 CB PROTECTION & HAZARD MITIGATION ................................ 161,113 161,113

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 4,524,918 4,879,918

JOINT URGENT OPERATIONAL NEEDS FUND

001 JOINT URGENT OPERATIONAL NEEDS FUND ......................... 99,300 0

Program decrease ........................................................................ [–99,300 ]

TOTAL JOINT URGENT OPERATIONAL NEEDS

FUND.

99,300 0

NATIONAL GUARD AND RESERVE EQUIPMENT

UNDISTRIBUTED

007 MISCELLANEOUS EQUIPMENT .................................................... 250,000

Program increase ......................................................................... [250,000 ]

TOTAL NATIONAL GUARD AND RESERVE EQUIP-

MENT.

250,000

TOTAL PROCUREMENT .................................................... 101,971,592 102,422,660

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPER-

ATIONS.

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

AIRCRAFT PROCUREMENT, ARMY

MODIFICATION OF AIRCRAFT

015 MULTI SENSOR ABN RECON (MIP) ............................................. 21,400 21,400

020 EMARSS SEMA MODS (MIP) .......................................................... 42,700 42,700

026 RQ–7 UAV MODS .............................................................................. 1,775 1,775

027 UAS MODS ......................................................................................... 4,420 4,420

GROUND SUPPORT AVIONICS

030 CMWS .................................................................................................. 56,115 56,115

031 CIRCM ................................................................................................. 108,721 108,721

TOTAL AIRCRAFT PROCUREMENT, ARMY ................ 235,131 235,131

MISSILE PROCUREMENT, ARMY

AIR-TO-SURFACE MISSILE SYSTEM

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130 STAT. 2824 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

004 HELLFIRE SYS SUMMARY ............................................................. 305,830 305,830

ANTI-TANK/ASSAULT MISSILE SYS

007 JAVELIN (AAWS-M) SYSTEM SUMMARY .................................... 15,567 15,567

008 TOW 2 SYSTEM SUMMARY ............................................................ 80,652 80,652

010 GUIDED MLRS ROCKET (GMLRS) ................................................ 75,991 75,991

012 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS ..... 51,277 51,277

TOTAL MISSILE PROCUREMENT, ARMY .................... 529,317 529,317

PROCUREMENT OF W&TCV, ARMY

MODIFICATION OF TRACKED COMBAT VEHICLES

007 PALADIN INTEGRATED MANAGEMENT (PIM) .......................... 125,184 125,184

009 ASSAULT BRIDGE (MOD) ............................................................... 5,950 5,950

014 ABRAMS UPGRADE PROGRAM ..................................................... 72,000

Army requested realignment (ERI) ............................................ [172,000 ]

Realign APS Unit Set Requirements to Base ........................... [–100,000 ]

WEAPONS & OTHER COMBAT VEHICLES

017 MORTAR SYSTEMS .......................................................................... 22,410 22,410

SUPPORT EQUIPMENT & FACILITIES

036 BRADLEY PROGRAM ....................................................................... 72,800

Army requested realignment (ERI) ............................................ [72,800 ]

TOTAL PROCUREMENT OF W&TCV, ARMY ............... 153,544 298,344

PROCUREMENT OF AMMUNITION, ARMY

SMALL/MEDIUM CAL AMMUNITION

002 CTG, 7.62MM, ALL TYPES ............................................................... 9,642 9,642

004 CTG, .50 CAL, ALL TYPES ............................................................... 6,607 6,607

005 CTG, 20MM, ALL TYPES .................................................................. 1,077 1,077

006 CTG, 25MM, ALL TYPES .................................................................. 28,534 28,534

007 CTG, 30MM, ALL TYPES .................................................................. 20,000 20,000

008 CTG, 40MM, ALL TYPES .................................................................. 7,423 7,423

MORTAR AMMUNITION

009 60MM MORTAR, ALL TYPES .......................................................... 10,000 10,000

010 81MM MORTAR, ALL TYPES .......................................................... 2,677 2,677

TANK AMMUNITION

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .......... 8,999 8,999

ARTILLERY AMMUNITION

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ......................... 30,348 30,348

015 PROJ 155MM EXTENDED RANGE M982 ...................................... 140 140

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 29,655 29,655

MINES

017 MINES & CLEARING CHARGES, ALL TYPES ............................. 16,866 16,866

NETWORKED MUNITIONS

018 SPIDER NETWORK MUNITIONS, ALL TYPES ............................ 10,353 10,353

ROCKETS

019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................. 63,210 63,210

020 ROCKET, HYDRA 70, ALL TYPES .................................................. 42,851 42,851

OTHER AMMUNITION

022 DEMOLITION MUNITIONS, ALL TYPES ...................................... 6,373 6,373

023 GRENADES, ALL TYPES ................................................................. 4,143 4,143

024 SIGNALS, ALL TYPES ...................................................................... 1,852 1,852

MISCELLANEOUS

027 NON-LETHAL AMMUNITION, ALL TYPES .................................. 773 773

TOTAL PROCUREMENT OF AMMUNITION, ARMY .. 301,523 301,523

OTHER PROCUREMENT, ARMY

TACTICAL VEHICLES

002 SEMITRAILERS, FLATBED: ............................................................ 4,180 4,180

008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................... 147,476 147,476

010 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 6,122 6,122

011 PLS ESP .............................................................................................. 106,358 106,358

012 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ........ 203,766 203,766

013 TACTICAL WHEELED VEHICLE PROTECTION KITS ............... 101,154 101,154

014 MODIFICATION OF IN SVC EQUIP .............................................. 155,456 155,456

COMM—JOINT COMMUNICATIONS

019 WIN-T—GROUND FORCES TACTICAL NETWORK .................... 9,572 9,572

COMM—SATELLITE COMMUNICATIONS

025 SHF TERM .......................................................................................... 24,000 24,000

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130 STAT. 2825 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

COMM—INTELLIGENCE COMM

047 CI AUTOMATION ARCHITECTURE .............................................. 1,550 1,550

INFORMATION SECURITY

051 COMMUNICATIONS SECURITY (COMSEC) ................................ 1,928 1,928

052 DEFENSIVE CYBER OPERATIONS ............................................... 26,500 26,500

COMM—BASE COMMUNICATIONS

056 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ... 20,510 20,510

ELECT EQUIP—TACT INT REL ACT (TIARA)

062 DCGS-A (MIP) .................................................................................... 33,032 33,032

064 TROJAN (MIP) ................................................................................... 3,305 3,305

066 CI HUMINT AUTO REPRTING AND COLL(CHARCS) ................ 7,233 7,233

069 BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) ............ 5,670 5,670

ELECT EQUIP—ELECTRONIC WARFARE (EW)

070 LIGHTWEIGHT COUNTER MORTAR RADAR .............................. 25,892 25,892

074 FAMILY OF PERSISTENT SURVEILLANCE CAPABILITIE ...... 11,610 11,610

075 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 23,890 23,890

ELECT EQUIP—TACTICAL SURV. (TAC SURV)

080 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............. 76,270 76,270

089 MORTAR FIRE CONTROL SYSTEM .............................................. 2,572 2,572

ELECT EQUIP—TACTICAL C2 SYSTEMS

092 AIR & MSL DEFENSE PLANNING & CONTROL SYS ................ 69,958 69,958

ELECT EQUIP—AUTOMATION

102 AUTOMATED DATA PROCESSING EQUIP .................................. 9,900 9,900

ELECT EQUIP—AUDIO VISUAL SYS (A/V)

108 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ............... 96 96

CHEMICAL DEFENSIVE EQUIPMENT

114 CBRN DEFENSE ............................................................................... 1,841 1,841

BRIDGING EQUIPMENT

115 TACTICAL BRIDGING ...................................................................... 26,000 26,000

ENGINEER (NON-CONSTRUCTION) EQUIPMENT

124 ROBOTICS AND APPLIQUE SYSTEMS ......................................... 268 268

128 FAMILY OF BOATS AND MOTORS ............................................... 280 280

COMBAT SERVICE SUPPORT EQUIPMENT

129 HEATERS AND ECU’S ...................................................................... 894 894

134 FORCE PROVIDER ........................................................................... 53,800 53,800

135 FIELD FEEDING EQUIPMENT ...................................................... 2,665 2,665

136 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 2,400 2,400

137 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ...... 9,789 9,789

138 ITEMS LESS THAN $5M (ENG SPT) .............................................. 300 300

PETROLEUM EQUIPMENT

139 QUALITY SURVEILLANCE EQUIPMENT .................................... 4,800 4,800

140 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................. 78,240 78,240

MEDICAL EQUIPMENT

141 COMBAT SUPPORT MEDICAL ....................................................... 5,763 5,763

MAINTENANCE EQUIPMENT

142 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................... 1,609 1,609

143 ITEMS LESS THAN $5.0M (MAINT EQ) ........................................ 145 145

CONSTRUCTION EQUIPMENT

144 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ...................................... 3,047 3,047

148 TRACTOR, FULL TRACKED ............................................................ 4,426 4,426

151 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) .................. 2,900 2,900

155 ITEMS LESS THAN $5.0M (CONST EQUIP) ................................. 96 96

GENERATORS

158 GENERATORS AND ASSOCIATED EQUIP ................................... 21,861 21,861

MATERIAL HANDLING EQUIPMENT

160 FAMILY OF FORKLIFTS .................................................................. 846 846

TEST MEASURE AND DIG EQUIPMENT (TMD)

168 TEST EQUIPMENT MODERNIZATION (TEMOD) ....................... 1,140 1,140

OTHER SUPPORT EQUIPMENT

170 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............. 8,500 8,500

TOTAL OTHER PROCUREMENT, ARMY ...................... 1,309,610 1,309,610

JOINT IMPROVISED-THREAT DEFEAT FUND

NETWORK ATTACK

001 RAPID ACQUISITION AND THREAT RESPONSE ....................... 332,000 332,000

STAFF AND INFRASTRUCTURE

002 MISSION ENABLERS ....................................................................... 62,800 62,800

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130 STAT. 2826 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

TOTAL JOINT IMPROVISED-THREAT DEFEAT

FUND.

394,800 394,800

AIRCRAFT PROCUREMENT, NAVY

COMBAT AIRCRAFT

002 F/A–18E/F (FIGHTER) HORNET ..................................................... 184,912 184,912

OTHER AIRCRAFT

026 STUASL0 UAV ................................................................................... 70,000 70,000

MODIFICATION OF AIRCRAFT

037 EP–3 SERIES ...................................................................................... 7,505 7,505

047 SPECIAL PROJECT AIRCRAFT ...................................................... 14,869 14,869

051 COMMON ECM EQUIPMENT ......................................................... 70,780 70,780

059 V–22 (TILT/ROTOR ACFT) OSPREY ............................................... 8,740 8,740

AIRCRAFT SPARES AND REPAIR PARTS

063 SPARES AND REPAIR PARTS ........................................................ 1,500 1,500

AIRCRAFT SUPPORT EQUIP & FACILITIES

065 AIRCRAFT INDUSTRIAL FACILITIES .......................................... 524 524

TOTAL AIRCRAFT PROCUREMENT, NAVY ................. 358,830 358,830

WEAPONS PROCUREMENT, NAVY

TACTICAL MISSILES

010 HELLFIRE .......................................................................................... 8,600 8,600

TOTAL WEAPONS PROCUREMENT, NAVY ................. 8,600 8,600

PROCUREMENT OF AMMO, NAVY & MC

NAVY AMMUNITION

001 GENERAL PURPOSE BOMBS ......................................................... 40,366 40,366

002 AIRBORNE ROCKETS, ALL TYPES ............................................... 8,860 8,860

006 AIR EXPENDABLE COUNTERMEASURES .................................. 7,060 7,060

013 PYROTECHNIC AND DEMOLITION .............................................. 1,122 1,122

014 AMMUNITION LESS THAN $5 MILLION ..................................... 3,495 3,495

MARINE CORPS AMMUNITION

015 SMALL ARMS AMMUNITION ......................................................... 1,205 1,205

017 40 MM, ALL TYPES ........................................................................... 539 539

018 60MM, ALL TYPES ............................................................................ 909 909

020 120MM, ALL TYPES .......................................................................... 530 530

022 ROCKETS, ALL TYPES .................................................................... 469 469

023 ARTILLERY, ALL TYPES ................................................................. 1,196 1,196

024 DEMOLITION MUNITIONS, ALL TYPES ...................................... 261 261

025 FUZE, ALL TYPES ............................................................................ 217 217

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 66,229 66,229

OTHER PROCUREMENT, NAVY

OTHER SHORE ELECTRONIC EQUIPMENT

081 DCGS-N ............................................................................................... 12,000 12,000

OTHER ORDNANCE SUPPORT EQUIPMENT

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................... 40,000 40,000

CIVIL ENGINEERING SUPPORT EQUIPMENT

124 FIRE FIGHTING EQUIPMENT ....................................................... 630 630

SUPPLY SUPPORT EQUIPMENT

133 FIRST DESTINATION TRANSPORTATION .................................. 25 25

COMMAND SUPPORT EQUIPMENT

137 COMMAND SUPPORT EQUIPMENT ............................................. 10,562 10,562

139 MEDICAL SUPPORT EQUIPMENT ................................................ 5,000 5,000

CLASSIFIED PROGRAMS

150A CLASSIFIED PROGRAMS ................................................................ 1,660 1,660

TOTAL OTHER PROCUREMENT, NAVY ....................... 69,877 69,877

PROCUREMENT, MARINE CORPS

ARTILLERY AND OTHER WEAPONS

006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .... 572 572

GUIDED MISSILES

010 JAVELIN ............................................................................................. 1,606 1,606

OTHER SUPPORT (TEL)

018 MODIFICATION KITS ...................................................................... 2,600 2,600

COMMAND AND CONTROL SYSTEM (NON-TEL)

019 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................ 2,200 2,200

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130 STAT. 2827 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

INTELL/COMM EQUIPMENT (NON-TEL)

026 INTELLIGENCE SUPPORT EQUIPMENT ..................................... 20,981 20,981

029 RQ–11 UAV ......................................................................................... 3,817 3,817

OTHER SUPPORT (NON-TEL)

035 COMMON COMPUTER RESOURCES ............................................ 2,600 2,600

037 RADIO SYSTEMS .............................................................................. 9,563 9,563

ENGINEER AND OTHER EQUIPMENT

053 EOD SYSTEMS .................................................................................. 75,000 75,000

TOTAL PROCUREMENT, MARINE CORPS .................. 118,939 118,939

AIRCRAFT PROCUREMENT, AIR FORCE

OTHER AIRLIFT

004 C–130J ................................................................................................. 73,000 73,000

OTHER AIRCRAFT

015 MQ–9 ................................................................................................... 273,600 186,600

Air Force requested transfer to line 61 for spares .................... [–87,000 ]

STRATEGIC AIRCRAFT

019 LARGE AIRCRAFT INFRARED COUNTERMEASURES .............. 135,801 135,801

TACTICAL AIRCRAFT

020 A–10 ..................................................................................................... 23,850 23,850

OTHER AIRCRAFT

047 E–3 ....................................................................................................... 6,600 6,600

056 HC/MC–130 MODIFICATIONS ........................................................ 13,550 13,550

057 OTHER AIRCRAFT ............................................................................ 7,500 7,500

059 MQ–9 MODS ....................................................................................... 112,068 112,068

AIRCRAFT SPARES AND REPAIR PARTS

061 INITIAL SPARES/REPAIR PARTS .................................................. 25,600 87,000

Air Force requested transfer from line 15 for spares ............... [87,000 ]

Compass Call Program Restructure .......................................... [–25,600 ]

OTHER PRODUCTION CHARGES

077 OTHER PRODUCTION CHARGES .................................................. 8,400 8,400

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..... 679,969 654,369

MISSILE PROCUREMENT, AIR FORCE

TACTICAL

006 PREDATOR HELLFIRE MISSILE ................................................... 145,125 145,125

CLASS IV

011 AGM–65D MAVERICK ...................................................................... 9,720 9,720

TOTAL MISSILE PROCUREMENT, AIR FORCE ......... 154,845 154,845

PROCUREMENT OF AMMUNITION, AIR FORCE

CARTRIDGES

002 CARTRIDGES ..................................................................................... 9,830 9,830

BOMBS

004 GENERAL PURPOSE BOMBS ......................................................... 7,921 7,921

006 JOINT DIRECT ATTACK MUNITION ............................................ 140,126 130,876

Pricing adjustment ...................................................................... [–9,250 ]

FLARES

012 FLARES ............................................................................................... 6,531 6,531

TOTAL PROCUREMENT OF AMMUNITION, AIR

FORCE.

164,408 155,158

OTHER PROCUREMENT, AIR FORCE

PASSENGER CARRYING VEHICLES

001 PASSENGER CARRYING VEHICLES ............................................ 2,003 2,003

CARGO AND UTILITY VEHICLES

002 MEDIUM TACTICAL VEHICLE ...................................................... 9,066 9,066

004 ITEMS LESS THAN $5 MILLION ................................................... 12,264 12,264

SPECIAL PURPOSE VEHICLES

006 ITEMS LESS THAN $5 MILLION ................................................... 16,789 16,789

FIRE FIGHTING EQUIPMENT

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................ 48,590 48,590

MATERIALS HANDLING EQUIPMENT

008 ITEMS LESS THAN $5 MILLION ................................................... 2,366 2,366

BASE MAINTENANCE SUPPORT

009 RUNWAY SNOW REMOV & CLEANING EQUIP ......................... 6,468 6,468

010 ITEMS LESS THAN $5 MILLION ................................................... 9,271 9,271

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130 STAT. 2828 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

ELECTRONICS PROGRAMS

016 AIR TRAFFIC CONTROL & LANDING SYS .................................. 42,650 42,650

SPCL COMM-ELECTRONICS PROJECTS

029 AIR FORCE PHYSICAL SECURITY SYSTEM ............................... 7,500 7,500

033 C3 COUNTERMEASURES ................................................................ 620 620

ORGANIZATION AND BASE

052 TACTICAL C-E EQUIPMENT .......................................................... 8,100 8,100

MODIFICATIONS

056 COMM ELECT MODS ....................................................................... 3,800 3,800

BASE SUPPORT EQUIPMENT

061 ENGINEERING AND EOD EQUIPMENT ...................................... 53,900 53,900

SPECIAL SUPPORT PROJECTS

067 DCGS-AF ............................................................................................. 800 800

CLASSIFIED PROGRAMS

070A CLASSIFIED PROGRAMS ................................................................ 3,609,978 3,609,978

TOTAL OTHER PROCUREMENT, AIR FORCE ............ 3,834,165 3,834,165

PROCUREMENT, DEFENSE-WIDE

MAJOR EQUIPMENT, DISA

007 TELEPORT PROGRAM ..................................................................... 1,900 1,900

CLASSIFIED PROGRAMS

040A CLASSIFIED PROGRAMS ................................................................ 32,482 32,482

AVIATION PROGRAMS

041 MC–12 .................................................................................................. 5,000 5,000

043 UNMANNED ISR ............................................................................... 11,880 11,880

046 U–28 ..................................................................................................... 38,283 38,283

AMMUNITION PROGRAMS

057 ORDNANCE ITEMS <$5M ................................................................ 52,504 52,504

OTHER PROCUREMENT PROGRAMS

058 INTELLIGENCE SYSTEMS ............................................................. 22,000 22,000

060 OTHER ITEMS <$5M ........................................................................ 11,580 11,580

062 SPECIAL PROGRAMS ....................................................................... 13,549 13,549

063 TACTICAL VEHICLES ...................................................................... 3,200 3,200

069 OPERATIONAL ENHANCEMENTS ................................................ 42,056 22,806

Classified adjustment .................................................................. [–19,250 ]

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 234,434 215,184

TOTAL PROCUREMENT .................................................... 8,614,221 8,704,921

SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPER-

ATIONS FOR BASE REQUIREMENTS.

SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIRE-

MENTS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

AIRCRAFT PROCUREMENT, ARMY

ROTARY

006 AH–64 APACHE BLOCK IIIA REMAN ........................................... 78,040 78,040

TOTAL AIRCRAFT PROCUREMENT, ARMY ................ 78,040 78,040

MISSILE PROCUREMENT, ARMY

AIR-TO-SURFACE MISSILE SYSTEM

004 HELLFIRE SYS SUMMARY ............................................................. 150,000 150,000

ANTI-TANK/ASSAULT MISSILE SYS

007 JAVELIN (AAWS-M) SYSTEM SUMMARY .................................... 104,200

Army unfunded requirement ...................................................... [104,200 ]

010 GUIDED MLRS ROCKET (GMLRS) ................................................ 76,000

Army unfunded requirement ...................................................... [76,000 ]

MODIFICATIONS

014 ATACMS MODS ................................................................................. 15,900

Army unfunded requirement ...................................................... [15,900 ]

TOTAL MISSILE PROCUREMENT, ARMY .................... 150,000 346,100

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130 STAT. 2829 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIRE-

MENTS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

PROCUREMENT OF AMMUNITION, ARMY

SMALL/MEDIUM CAL AMMUNITION

001 CTG, 5.56MM, ALL TYPES ............................................................... 4,000

Army unfunded requirement ...................................................... [4,000 ]

002 CTG, 7.62MM, ALL TYPES ............................................................... 14,000

Army unfunded requirement ...................................................... [14,000 ]

003 CTG, HANDGUN, ALL TYPES ......................................................... 9,000

Army unfunded requirement ...................................................... [9,000 ]

004 CTG, .50 CAL, ALL TYPES ............................................................... 20,000

Army unfunded requirement ...................................................... [20,000 ]

005 CTG, 20MM, ALL TYPES .................................................................. 14,000

Army unfunded requirement ...................................................... [14,000 ]

007 CTG, 30MM, ALL TYPES .................................................................. 8,200

Army unfunded requirement ...................................................... [8,200 ]

MORTAR AMMUNITION

011 120MM MORTAR, ALL TYPES ........................................................ 30,000

Army unfunded requirement ...................................................... [30,000 ]

TANK AMMUNITION

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .......... 35,000

Army unfunded requirement ...................................................... [35,000 ]

ARTILLERY AMMUNITION

015 PROJ 155MM EXTENDED RANGE M982 ...................................... 23,500

Army unfunded requirement ...................................................... [23,500 ]

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 10,000

Army unfunded requirement ...................................................... [10,000 ]

ROCKETS

019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................. 30,000

Army unfunded requirement ...................................................... [30,000 ]

020 ROCKET, HYDRA 70, ALL TYPES .................................................. 42,500

Army unfunded requirement ...................................................... [27,500 ]

Army unfunded requirement- guided hydra rockets ................ [15,000 ]

TOTAL PROCUREMENT OF AMMUNITION, ARMY .. 240,200

OTHER PROCUREMENT, ARMY

TACTICAL VEHICLES

008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................... 152,000 152,000

GENERATORS

158 GENERATORS AND ASSOCIATED EQUIP ................................... 9,900 9,900

TOTAL OTHER PROCUREMENT, ARMY ...................... 161,900 161,900

JOINT IMPROVISED-THREAT DEFEAT FUND

NETWORK ATTACK

001 RAPID ACQUISITION AND THREAT RESPONSE ....................... 113,272 113,272

TOTAL JOINT IMPROVISED-THREAT DEFEAT

FUND.

113,272 113,272

AIRCRAFT PROCUREMENT, NAVY

MODIFICATION OF AIRCRAFT

035 SH–60 SERIES ................................................................................... 3,000 3,000

036 H–1 SERIES ........................................................................................ 3,740 3,740

051 COMMON ECM EQUIPMENT ......................................................... 27,460 27,460

TOTAL AIRCRAFT PROCUREMENT, NAVY ................. 34,200 34,200

WEAPONS PROCUREMENT, NAVY

STRATEGIC MISSILES

003 TOMAHAWK ...................................................................................... 84,200

Scope Increase ............................................................................. [84,200 ]

TACTICAL MISSILES

005 SIDEWINDER .................................................................................... 33,000

Navy unfunded requirement ...................................................... [33,000 ]

TOTAL WEAPONS PROCUREMENT, NAVY ................. 117,200

PROCUREMENT OF AMMO, NAVY & MC

NAVY AMMUNITION

001 GENERAL PURPOSE BOMBS ......................................................... 58,000

Navy unfunded requirement—JDAM components ................... [58,000 ]

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130 STAT. 2830 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIRE-

MENTS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

MARINE CORPS AMMUNITION

023 ARTILLERY, ALL TYPES ................................................................. 19,200

Marine Corps unfunded requirement- GMLRS AW munitions [19,200 ]

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 77,200

OTHER PROCUREMENT, NAVY

OTHER ORDNANCE SUPPORT EQUIPMENT

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................... 59,329 59,329

TOTAL OTHER PROCUREMENT, NAVY ....................... 59,329 59,329

AIRCRAFT PROCUREMENT, AIR FORCE

OTHER AIRCRAFT

015 MQ–9 ................................................................................................... 179,430 179,430

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..... 179,430 179,430

MISSILE PROCUREMENT, AIR FORCE

TACTICAL

007 SMALL DIAMETER BOMB .............................................................. 167,800 167,800

CLASS IV

011 AGM–65D MAVERICK ...................................................................... 16,900 16,900

TOTAL MISSILE PROCUREMENT, AIR FORCE ......... 184,700 184,700

PROCUREMENT OF AMMUNITION, AIR FORCE

ROCKETS

001 ROCKETS ........................................................................................... 60,000 60,000

BOMBS

006 JOINT DIRECT ATTACK MUNITION ............................................ 263,000 263,000

TOTAL PROCUREMENT OF AMMUNITION, AIR

FORCE.

323,000 323,000

PROCUREMENT, DEFENSE-WIDE

MAJOR EQUIPMENT, DISA

007 TELEPORT PROGRAM ..................................................................... 2,000 2,000

016 DEFENSE INFORMATION SYSTEMS NETWORK ....................... 2,000 2,000

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 4,000 4,000

TOTAL PROCUREMENT .................................................... 1,287,871 1,918,571

TITLE XLII—RESEARCH, DEVELOP-

MENT, TEST, AND EVALUATION

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

RESEARCH, DEVELOPMENT, TEST & EVAL,

ARMY

BASIC RESEARCH

001 0601101A IN-HOUSE LABORATORY INDEPENDENT RE-

SEARCH.

12,381 12,381

002 0601102A DEFENSE RESEARCH SCIENCES .................................. 253,116 253,116

003 0601103A UNIVERSITY RESEARCH INITIATIVES ........................ 69,166 69,166

004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 94,280 94,280

SUBTOTAL BASIC RESEARCH ................................ 428,943 428,943

APPLIED RESEARCH

005 0602105A MATERIALS TECHNOLOGY ............................................ 31,533 37,033

Ground vehicle coating system .................................... [5,500 ]

006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY .......... 36,109 38,109

Program increase .......................................................... [2,000 ]

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130 STAT. 2831 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

007 0602122A TRACTOR HIP .................................................................... 6,995 6,995

008 0602211A AVIATION TECHNOLOGY ................................................ 65,914 65,914

009 0602270A ELECTRONIC WARFARE TECHNOLOGY ..................... 25,466 25,466

010 0602303A MISSILE TECHNOLOGY ................................................... 44,313 44,313

011 0602307A ADVANCED WEAPONS TECHNOLOGY ......................... 28,803 28,803

012 0602308A ADVANCED CONCEPTS AND SIMULATION ................ 27,688 27,688

013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECH-

NOLOGY.

67,959 67,959

014 0602618A BALLISTICS TECHNOLOGY ............................................ 85,436 85,436

015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING

TECHNOLOGY.

3,923 3,923

016 0602623A JOINT SERVICE SMALL ARMS PROGRAM .................. 5,545 5,545

017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY .............. 53,581 53,581

018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ............. 56,322 56,322

019 0602709A NIGHT VISION TECHNOLOGY ....................................... 36,079 36,079

020 0602712A COUNTERMINE SYSTEMS .............................................. 26,497 26,497

021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY .... 23,671 23,671

022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY .............. 22,151 22,151

023 0602782A COMMAND, CONTROL, COMMUNICATIONS TECH-

NOLOGY.

37,803 37,803

024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ............. 13,811 13,811

025 0602784A MILITARY ENGINEERING TECHNOLOGY ................... 67,416 67,416

026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 26,045 26,045

027 0602786A WARFIGHTER TECHNOLOGY ........................................ 37,403 42,403

Program Increase ......................................................... [5,000 ]

028 0602787A MEDICAL TECHNOLOGY ................................................. 77,111 77,111

SUBTOTAL APPLIED RESEARCH .......................... 907,574 920,074

ADVANCED TECHNOLOGY DEVELOPMENT

029 0603001A WARFIGHTER ADVANCED TECHNOLOGY .................. 38,831 38,831

030 0603002A MEDICAL ADVANCED TECHNOLOGY .......................... 68,365 68,365

031 0603003A AVIATION ADVANCED TECHNOLOGY ......................... 94,280 94,280

032 0603004A WEAPONS AND MUNITIONS ADVANCED TECH-

NOLOGY.

68,714 68,714

033 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED

TECHNOLOGY.

122,132 152,132

Emerging requirement ................................................. [30,000 ]

034 0603006A SPACE APPLICATION ADVANCED TECHNOLOGY .... 3,904 3,904

035 0603007A MANPOWER, PERSONNEL AND TRAINING AD-

VANCED TECHNOLOGY.

14,417 14,417

037 0603009A TRACTOR HIKE ................................................................. 8,074 21,374

Classified adjustment ................................................... [13,300 ]

038 0603015A NEXT GENERATION TRAINING & SIMULATION

SYSTEMS.

18,969 18,969

039 0603020A TRACTOR ROSE ................................................................. 11,910 11,910

040 0603125A COMBATING TERRORISM—TECHNOLOGY DEVEL-

OPMENT.

27,686 27,686

041 0603130A TRACTOR NAIL .................................................................. 2,340 2,340

042 0603131A TRACTOR EGGS ................................................................. 2,470 2,470

043 0603270A ELECTRONIC WARFARE TECHNOLOGY ..................... 27,893 27,893

044 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY 52,190 52,190

045 0603322A TRACTOR CAGE ................................................................. 11,107 11,107

046 0603461A HIGH PERFORMANCE COMPUTING MODERNIZA-

TION PROGRAM.

177,190 179,190

Program increase .......................................................... [2,000 ]

047 0603606A LANDMINE WARFARE AND BARRIER ADVANCED

TECHNOLOGY.

17,451 17,451

048 0603607A JOINT SERVICE SMALL ARMS PROGRAM .................. 5,839 5,839

049 0603710A NIGHT VISION ADVANCED TECHNOLOGY ................ 44,468 44,468

050 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEM-

ONSTRATIONS.

11,137 11,137

051 0603734A MILITARY ENGINEERING ADVANCED TECH-

NOLOGY.

20,684 20,684

052 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND

SENSOR TECHNOLOGY.

44,239 44,239

053 0603794A C3 ADVANCED TECHNOLOGY ....................................... 35,775 35,775

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130 STAT. 2832 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

SUBTOTAL ADVANCED TECHNOLOGY DEVEL-

OPMENT.

930,065 975,365

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

054 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION 9,433 9,433

055 0603308A ARMY SPACE SYSTEMS INTEGRATION ....................... 23,056 23,056

056 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV ..... 72,117 72,117

057 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING

SYS-ADV DEV.

28,244 28,244

058 0603639A TANK AND MEDIUM CALIBER AMMUNITION ........... 40,096 40,096

059 0603747A SOLDIER SUPPORT AND SURVIVABILITY .................. 10,506 10,506

060 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYS-

TEM—ADV DEV.

15,730 15,730

061 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOP-

MENT.

10,321 10,321

062 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/

VAL.

7,785 7,785

063 0603790A NATO RESEARCH AND DEVELOPMENT ..................... 2,300 2,300

064 0603801A AVIATION—ADV DEV ....................................................... 10,014 10,014

065 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV

DEV.

20,834 20,834

066 0603807A MEDICAL SYSTEMS—ADV DEV ..................................... 33,503 33,503

067 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ... 31,120 40,520

Accelerate small arms improvement ........................... [9,400 ]

068 0604100A ANALYSIS OF ALTERNATIVES ...................................... 6,608 6,608

069 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SEN-

SOR.

35,132 35,132

070 0604115A TECHNOLOGY MATURATION INITIATIVES ............... 70,047 61,038

Excess growth ............................................................... [–9,009 ]

071 0604120A ASSURED POSITIONING, NAVIGATION AND TIM-

ING (PNT).

83,279 83,279

073 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE

SUPPORT.

40,510 30,510

Inadequate justification ............................................... [–10,000 ]

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

550,635 541,026

SYSTEM DEVELOPMENT & DEMONSTRATION

074 0604201A AIRCRAFT AVIONICS ....................................................... 83,248 83,248

075 0604270A ELECTRONIC WARFARE DEVELOPMENT ................... 34,642 34,642

077 0604290A MID-TIER NETWORKING VEHICULAR RADIO

(MNVR).

12,172 12,172

078 0604321A ALL SOURCE ANALYSIS SYSTEM ................................. 3,958 3,958

079 0604328A TRACTOR CAGE ................................................................. 12,525 12,525

080 0604601A INFANTRY SUPPORT WEAPONS ................................... 66,943 66,943

082 0604611A JAVELIN .............................................................................. 20,011 20,011

083 0604622A FAMILY OF HEAVY TACTICAL VEHICLES .................. 11,429 11,429

084 0604633A AIR TRAFFIC CONTROL .................................................. 3,421 3,421

085 0604641A TACTICAL UNMANNED GROUND VEHICLE (TUGV) 39,282 39,282

086 0604642A LIGHT TACTICAL WHEELED VEHICLES ..................... 494 494

087 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG

DEV.

9,678 9,678

088 0604710A NIGHT VISION SYSTEMS—ENG DEV ........................... 84,519 84,519

089 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT .. 2,054 2,054

090 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV .......... 30,774 30,774

091 0604741A AIR DEFENSE COMMAND, CONTROL AND INTEL-

LIGENCE—ENG DEV.

53,332 61,332

Program increase- all digital radar technology for

CRAM.

[8,000 ]

092 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOP-

MENT.

17,887 17,887

093 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ..... 8,813 8,813

094 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS

(DIS)—ENG DEV.

10,487 10,487

095 0604780A COMBINED ARMS TACTICAL TRAINER (CATT)

CORE.

15,068 15,068

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130 STAT. 2833 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

096 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUA-

TION.

89,716 89,716

097 0604802A WEAPONS AND MUNITIONS—ENG DEV ..................... 80,365 80,365

098 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG

DEV.

75,098 86,198

Program Increase- next generation signature man-

agement.

[11,100 ]

099 0604805A COMMAND, CONTROL, COMMUNICATIONS SYS-

TEMS—ENG DEV.

4,245 4,245

100 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DE-

FENSE EQUIPMENT—ENG DEV.

41,124 41,124

101 0604808A LANDMINE WARFARE/BARRIER—ENG DEV .............. 39,630 39,630

102 0604818A ARMY TACTICAL COMMAND & CONTROL HARD-

WARE & SOFTWARE.

205,590 205,590

103 0604820A RADAR DEVELOPMENT ................................................... 15,983 15,983

104 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM

(GFEBS).

6,805 6,805

105 0604823A FIREFINDER ....................................................................... 9,235 9,235

106 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL .................. 12,393 12,393

107 0604854A ARTILLERY SYSTEMS—EMD .......................................... 1,756 1,756

108 0605013A INFORMATION TECHNOLOGY DEVELOPMENT ........ 74,236 74,236

109 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-

ARMY (IPPS-A).

155,584 144,584

Unjustified growth ........................................................ [–11,000 ]

110 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) ......... 184,221 184,221

111 0605029A INTEGRATED GROUND SECURITY SURVEILLANCE

RESPONSE CAPABILITY (IGSSR-C).

4,980 4,980

112 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) ........... 15,041 15,041

113 0605031A JOINT TACTICAL NETWORK (JTN) ............................... 16,014 16,014

114 0605032A TRACTOR TIRE .................................................................. 27,254 27,254

115 0605033A GROUND-BASED OPERATIONAL SURVEILLANCE

SYSTEM—EXPEDITIONARY (GBOSS-E).

5,032 5,032

116 0605034A TACTICAL SECURITY SYSTEM (TSS) ............................ 2,904 2,904

117 0605035A COMMON INFRARED COUNTERMEASURES

(CIRCM).

96,977 96,977

118 0605036A COMBATING WEAPONS OF MASS DESTRUCTION

(CWMD).

2,089 2,089

119 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT ................ 33,836 33,836

120 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) 18,824 18,824

121 0605047A CONTRACT WRITING SYSTEM ....................................... 20,663 20,663

122 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ............. 41,133 41,133

123 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—

BLOCK 1.

83,995 83,995

125 0605380A AMF JOINT TACTICAL RADIO SYSTEM (JTRS) .......... 5,028 5,028

126 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ................... 42,972 42,972

128 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE

(AIAMD).

252,811 252,811

131 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) ....... 4,955 4,955

132 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGI-

NEERING AND MANUFACTURING DEVELOP-

MENT PH.

11,530 11,530

133 0605830A AVIATION GROUND SUPPORT EQUIPMENT .............. 2,142 2,142

134 0210609A PALADIN INTEGRATED MANAGEMENT (PIM) ........... 41,498 41,498

135 0303032A TROJAN—RH12 .................................................................. 4,273 4,273

136 0304270A ELECTRONIC WARFARE DEVELOPMENT ................... 14,425 14,425

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

2,265,094 2,273,194

RDT&E MANAGEMENT SUPPORT

137 0604256A THREAT SIMULATOR DEVELOPMENT ........................ 25,675 25,675

138 0604258A TARGET SYSTEMS DEVELOPMENT ............................. 19,122 19,122

139 0604759A MAJOR T&E INVESTMENT ............................................. 84,777 84,777

140 0605103A RAND ARROYO CENTER .................................................. 20,658 20,658

141 0605301A ARMY KWAJALEIN ATOLL ............................................. 236,648 236,648

142 0605326A CONCEPTS EXPERIMENTATION PROGRAM ............... 25,596 25,596

144 0605601A ARMY TEST RANGES AND FACILITIES ....................... 293,748 293,748

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130 STAT. 2834 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

145 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND

TARGETS.

52,404 52,404

146 0605604A SURVIVABILITY/LETHALITY ANALYSIS ...................... 38,571 38,571

147 0605606A AIRCRAFT CERTIFICATION ............................................ 4,665 4,665

148 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVI-

TIES.

6,925 6,925

149 0605706A MATERIEL SYSTEMS ANALYSIS ................................... 21,677 21,677

150 0605709A EXPLOITATION OF FOREIGN ITEMS ........................... 12,415 12,415

151 0605712A SUPPORT OF OPERATIONAL TESTING ....................... 49,684 49,684

152 0605716A ARMY EVALUATION CENTER ........................................ 55,905 55,905

153 0605718A ARMY MODELING & SIM X-CMD COLLABORATION

& INTEG.

7,959 7,959

154 0605801A PROGRAMWIDE ACTIVITIES .......................................... 51,822 51,822

155 0605803A TECHNICAL INFORMATION ACTIVITIES .................... 33,323 33,323

156 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS

AND SAFETY.

40,545 40,545

157 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT

SUPPORT.

2,130 2,130

158 0605898A MANAGEMENT HQ—R&D ............................................... 49,885 49,885

159 0303260A DEFENSE MILITARY DECEPTION INITIATIVE .......... 2,000 2,000

SUBTOTAL RDT&E MANAGEMENT SUPPORT .. 1,136,134 1,136,134

OPERATIONAL SYSTEMS DEVELOPMENT

161 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ............. 9,663 9,663

162 0603813A TRACTOR PULL ................................................................. 3,960 3,960

163 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT ..................... 3,638 3,638

164 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVE-

MENT PROGRAMS.

14,517 14,517

165 0607133A TRACTOR SMOKE ............................................................. 4,479 4,479

166 0607134A LONG RANGE PRECISION FIRES (LRPF) ..................... 39,275 39,275

167 0607135A APACHE PRODUCT IMPROVEMENT PROGRAM ........ 66,441 66,441

168 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM 46,765 46,765

169 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM ...... 91,848 91,848

170 0607138A FIXED WING PRODUCT IMPROVEMENT PROGRAM 796 796

171 0607139A IMPROVED TURBINE ENGINE PROGRAM .................. 126,105 126,105

172 0607140A EMERGING TECHNOLOGIES FROM NIE ..................... 2,369 2,369

173 0607141A LOGISTICS AUTOMATION ............................................... 4,563 4,563

174 0607665A FAMILY OF BIOMETRICS ................................................ 12,098 12,098

175 0607865A PATRIOT PRODUCT IMPROVEMENT ............................ 49,482 49,482

176 0202429A AEROSTAT JOINT PROJECT—COCOM EXERCISE ..... 45,482 2,482

Program reduction ........................................................ [–43,000 ]

178 0203728A JOINT AUTOMATED DEEP OPERATION COORDINA-

TION SYSTEM (JADOCS).

30,455 30,455

179 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ....... 316,857 316,857

180 0203740A MANEUVER CONTROL SYSTEM .................................... 4,031 4,031

181 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVE-

MENT PROGRAMS.

35,793 35,793

182 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT

PROGRAM.

259 259

183 0203758A DIGITIZATION .................................................................... 6,483 6,483

184 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT

PROGRAM.

5,122 5,122

185 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PRO-

GRAMS.

7,491 7,491

186 0203808A TRACTOR CARD ................................................................. 20,333 20,333

188 0205410A MATERIALS HANDLING EQUIPMENT ......................... 124 124

190 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD)

SYSTEM.

69,417 69,417

191 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM

(GMLRS).

22,044 22,044

192 0208053A JOINT TACTICAL GROUND SYSTEM ............................ 12,649 12,649

194 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ............ 11,619 11,619

195 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ....... 38,280 38,280

196 0303141A GLOBAL COMBAT SUPPORT SYSTEM .......................... 27,223 27,223

197 0303142A SATCOM GROUND ENVIRONMENT (SPACE) .............. 18,815 18,815

198 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYS-

TEM.

4,718 4,718

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130 STAT. 2835 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

202 0305204A TACTICAL UNMANNED AERIAL VEHICLES ............... 8,218 8,218

203 0305206A AIRBORNE RECONNAISSANCE SYSTEMS .................. 11,799 11,799

204 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYS-

TEMS.

32,284 32,284

205 0305219A MQ–1C GRAY EAGLE UAS ............................................... 13,470 13,470

206 0305232A RQ–11 UAV .......................................................................... 1,613 1,613

207 0305233A RQ–7 UAV ............................................................................ 4,597 4,597

209 0310349A WIN-T INCREMENT 2—INITIAL NETWORKING ......... 4,867 4,867

210 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVI-

TIES.

62,287 62,287

210A 9999999999 CLASSIFIED PROGRAMS ................................................. 4,625 4,625

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

1,296,954 1,253,954

TOTAL RESEARCH, DEVELOPMENT, TEST

& EVAL, ARMY.

7,515,399 7,528,690

RESEARCH, DEVELOPMENT, TEST & EVAL,

NAVY

BASIC RESEARCH

001 0601103N UNIVERSITY RESEARCH INITIATIVES ........................ 101,714 121,714

Program increase .......................................................... [20,000 ]

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RE-

SEARCH.

18,508 18,508

003 0601153N DEFENSE RESEARCH SCIENCES .................................. 422,748 422,748

SUBTOTAL BASIC RESEARCH ................................ 542,970 562,970

APPLIED RESEARCH

004 0602114N POWER PROJECTION APPLIED RESEARCH ............... 41,371 41,371

005 0602123N FORCE PROTECTION APPLIED RESEARCH ............... 158,745 158,745

006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY .... 51,590 51,590

007 0602235N COMMON PICTURE APPLIED RESEARCH .................. 41,185 41,185

008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 45,467 45,467

009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RE-

SEARCH.

118,941 118,941

010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED

RESEARCH.

42,618 72,618

Service Life Extension Program—AGOR ................... [30,000 ]

011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RE-

SEARCH.

6,327 6,327

012 0602747N UNDERSEA WARFARE APPLIED RESEARCH ............. 126,313 126,313

013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RE-

SEARCH.

165,103 165,103

014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED

RESEARCH.

33,916 33,916

015 0602898N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR

HEADQUARTERS.

29,575 29,575

SUBTOTAL APPLIED RESEARCH .......................... 861,151 891,151

ADVANCED TECHNOLOGY DEVELOPMENT

016 0603114N POWER PROJECTION ADVANCED TECHNOLOGY .... 96,406 96,406

017 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ..... 48,438 48,438

018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECH-

NOLOGY.

26,421 26,421

019 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRA-

TION (ATD).

140,416 140,416

020 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DE-

VELOPMENT.

13,117 13,117

021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECH-

NOLOGY DEVELOPMENT.

249,092 247,092

Capable manpower, and power and energy ............... [–2,000 ]

022 0603680N MANUFACTURING TECHNOLOGY PROGRAM ........... 56,712 56,712

023 0603729N WARFIGHTER PROTECTION ADVANCED TECH-

NOLOGY.

4,789 4,789

024 0603747N UNDERSEA WARFARE ADVANCED TECHNOLOGY .. 25,880 25,880

025 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEM-

ONSTRATIONS.

60,550 60,550

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130 STAT. 2836 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

026 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED

TECHNOLOGY.

15,167 15,167

SUBTOTAL ADVANCED TECHNOLOGY DEVEL-

OPMENT.

736,988 734,988

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

027 0603207N AIR/OCEAN TACTICAL APPLICATIONS ........................ 48,536 48,536

028 0603216N AVIATION SURVIVABILITY ............................................. 5,239 5,239

030 0603251N AIRCRAFT SYSTEMS ........................................................ 1,519 1,519

031 0603254N ASW SYSTEMS DEVELOPMENT .................................... 7,041 7,041

032 0603261N TACTICAL AIRBORNE RECONNAISSANCE ................. 3,274 3,274

033 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ........ 57,034 15,496

Rapid prototype development excess growth ............. [–30,267 ]

Unmanned rapid prototype development excess

growth.

[–11,271 ]

034 0603502N SURFACE AND SHALLOW WATER MINE COUNTER-

MEASURES.

165,775 143,548

Excess prior year funds ................................................ [–1,500 ]

LDUUV product development excess growth ............. [–13,800 ]

USV with AQS–20 product development excess

growth.

[–5,750 ]

USV with AQS–20 support excess growth ................. [–1,177 ]

035 0603506N SURFACE SHIP TORPEDO DEFENSE ........................... 87,066 87,066

036 0603512N CARRIER SYSTEMS DEVELOPMENT ............................ 7,605 7,605

037 0603525N PILOT FISH ......................................................................... 132,068 132,068

038 0603527N RETRACT LARCH .............................................................. 14,546 14,546

039 0603536N RETRACT JUNIPER ........................................................... 115,435 115,435

040 0603542N RADIOLOGICAL CONTROL ............................................. 702 702

041 0603553N SURFACE ASW ................................................................... 1,081 1,081

042 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT 100,565 100,565

043 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ............ 8,782 8,782

044 0603563N SHIP CONCEPT ADVANCED DESIGN ........................... 14,590 14,590

045 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUD-

IES.

15,805 15,805

046 0603570N ADVANCED NUCLEAR POWER SYSTEMS ................... 453,313 453,313

047 0603573N ADVANCED SURFACE MACHINERY SYSTEMS .......... 36,655 36,655

048 0603576N CHALK EAGLE ................................................................... 367,016 367,016

049 0603581N LITTORAL COMBAT SHIP (LCS) ..................................... 51,630 51,630

050 0603582N COMBAT SYSTEM INTEGRATION ................................. 23,530 23,530

051 0603595N OHIO REPLACEMENT ...................................................... 700,811 700,811

052 0603596N LCS MISSION MODULES ................................................. 160,058 129,187

Program Restructure .................................................... [–30,871 ]

053 0603597N AUTOMATED TEST AND ANALYSIS ............................. 8,000

Program increase .......................................................... [8,000 ]

054 0603599N FRIGATE DEVELOPMENT ............................................... 84,900 84,900

055 0603609N CONVENTIONAL MUNITIONS ........................................ 8,342 8,342

056 0603611M MARINE CORPS ASSAULT VEHICLES .......................... 158,682 138,762

Product development prior year carryover ................. [–19,920 ]

057 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYS-

TEM.

1,303 1,303

058 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOP-

MENT.

46,911 46,911

060 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOP-

MENT.

4,556 4,556

061 0603721N ENVIRONMENTAL PROTECTION .................................. 20,343 20,343

062 0603724N NAVY ENERGY PROGRAM .............................................. 52,479 52,479

063 0603725N FACILITIES IMPROVEMENT .......................................... 5,458 5,458

064 0603734N CHALK CORAL ................................................................... 245,860 245,860

065 0603739N NAVY LOGISTIC PRODUCTIVITY .................................. 3,089 3,089

066 0603746N RETRACT MAPLE .............................................................. 323,526 323,526

067 0603748N LINK PLUMERIA ............................................................... 318,497 318,497

068 0603751N RETRACT ELM ................................................................... 52,834 52,834

069 0603764N LINK EVERGREEN ............................................................ 48,116 48,116

070 0603787N SPECIAL PROCESSES ....................................................... 13,619 13,619

071 0603790N NATO RESEARCH AND DEVELOPMENT ..................... 9,867 9,867

072 0603795N LAND ATTACK TECHNOLOGY ....................................... 6,015 6,015

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130 STAT. 2837 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

073 0603851M JOINT NON-LETHAL WEAPONS TESTING .................. 27,904 27,904

074 0603860N JOINT PRECISION APPROACH AND LANDING SYS-

TEMS—DEM/VAL.

104,144 102,722

UCLASS test support unjustified request .................. [–1,422 ]

075 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYS-

TEMS.

32,700 32,700

076 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CAR-

RIER (CVN 78—80).

70,528 70,528

077 0604122N REMOTE MINEHUNTING SYSTEM (RMS) .................... 3,001 3,001

078 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUN-

TERMEASURES (TADIRCM).

34,920 34,920

080 0604292N MH-XX .................................................................................. 1,620 1,620

081 0604454N LX (R) ................................................................................... 6,354 6,354

082 0604536N ADVANCED UNDERSEA PROTOTYPING ...................... 78,589 44,189

Ahead of need ............................................................... [–34,400 ]

084 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT

PROGRAM.

9,910 9,910

085 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHI-

TECTURE/ENGINEERING SUPPORT.

23,971 23,971

086 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON

DEVELOPMENT.

252,409 250,371

Increment II early to need ........................................... [–2,038 ]

087 0605812M JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGI-

NEERING AND MANUFACTURING DEVELOP-

MENT PH.

23,197 23,197

088 0303354N ASW SYSTEMS DEVELOPMENT—MIP .......................... 9,110 9,110

089 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ........ 437 437

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

4,662,867 4,518,451

SYSTEM DEVELOPMENT & DEMONSTRATION

090 0603208N TRAINING SYSTEM AIRCRAFT ...................................... 19,938 19,938

091 0604212N OTHER HELO DEVELOPMENT ...................................... 6,268 6,268

092 0604214N AV–8B AIRCRAFT—ENG DEV ......................................... 33,664 33,664

093 0604215N STANDARDS DEVELOPMENT ......................................... 1,300 1,300

094 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVEL-

OPMENT.

5,275 5,275

095 0604218N AIR/OCEAN EQUIPMENT ENGINEERING .................... 3,875 3,875

096 0604221N P–3 MODERNIZATION PROGRAM .................................. 1,909 1,909

097 0604230N WARFARE SUPPORT SYSTEM ........................................ 13,237 13,237

098 0604231N TACTICAL COMMAND SYSTEM ..................................... 36,323 36,323

099 0604234N ADVANCED HAWKEYE .................................................... 363,792 363,792

100 0604245N H–1 UPGRADES ................................................................. 27,441 27,441

101 0604261N ACOUSTIC SEARCH SENSORS ....................................... 34,525 34,525

102 0604262N V–22A ................................................................................... 174,423 157,698

Hardware development airframe excess growth ........ [–8,474 ]

Refueling system development excess growth ........... [–8,251 ]

103 0604264N AIR CREW SYSTEMS DEVELOPMENT .......................... 13,577 13,577

104 0604269N EA–18 ................................................................................... 116,761 116,761

105 0604270N ELECTRONIC WARFARE DEVELOPMENT ................... 48,766 48,766

106 0604273N EXECUTIVE HELO DEVELOPMENT ............................. 338,357 338,357

107 0604274N NEXT GENERATION JAMMER (NGJ) ............................ 577,822 577,822

108 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-

NAVY).

2,365 2,365

109 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II 52,065 42,065

Program growth ............................................................ [–10,000 ]

110 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGI-

NEERING.

282,764 282,764

111 0604311N LPD–17 CLASS SYSTEMS INTEGRATION .................... 580 580

112 0604329N SMALL DIAMETER BOMB (SDB) .................................... 97,622 97,622

113 0604366N STANDARD MISSILE IMPROVEMENTS ........................ 120,561 120,561

114 0604373N AIRBORNE MCM ................................................................ 45,622 45,622

116 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER

AIR SYSTEMS ENGINEERING.

25,750 25,750

118 0604501N ADVANCED ABOVE WATER SENSORS ......................... 85,868 85,868

119 0604503N SSN–688 AND TRIDENT MODERNIZATION ................. 117,476 117,476

120 0604504N AIR CONTROL .................................................................... 47,404 47,404

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130 STAT. 2838 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

121 0604512N SHIPBOARD AVIATION SYSTEMS ................................. 112,158 112,158

122 0604518N COMBAT INFORMATION CENTER CONVERSION ..... 6,283 6,283

123 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYS-

TEM.

144,395 144,395

124 0604558N NEW DESIGN SSN ............................................................. 113,013 113,013

125 0604562N SUBMARINE TACTICAL WARFARE SYSTEM .............. 43,160 43,160

126 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E ................. 65,002 85,002

CVN Design .................................................................. [20,000 ]

127 0604574N NAVY TACTICAL COMPUTER RESOURCES ................ 3,098 3,098

128 0604580N VIRGINIA PAYLOAD MODULE (VPM) ........................... 97,920 97,920

129 0604601N MINE DEVELOPMENT ..................................................... 10,490 10,490

130 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT ................ 20,178 20,178

131 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOP-

MENT.

7,369 7,369

132 0604703N PERSONNEL, TRAINING, SIMULATION, AND

HUMAN FACTORS.

4,995 4,995

133 0604727N JOINT STANDOFF WEAPON SYSTEMS ........................ 412 412

134 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ............ 134,619 134,619

135 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ............ 114,475 105,475

Program Execution ....................................................... [–9,000 ]

136 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ...... 114,211 111,211

Decoy development effort unjustified growth ............. [–3,000 ]

137 0604761N INTELLIGENCE ENGINEERING .................................... 11,029 11,029

138 0604771N MEDICAL DEVELOPMENT .............................................. 9,220 9,220

139 0604777N NAVIGATION/ID SYSTEM ................................................ 42,723 42,723

140 0604800M JOINT STRIKE FIGHTER (JSF)—EMD .......................... 531,426 531,426

141 0604800N JOINT STRIKE FIGHTER (JSF)—EMD .......................... 528,716 528,716

142 0604810M JOINT STRIKE FIGHTER FOLLOW ON DEVELOP-

MENT—MARINE CORPS.

74,227 71,977

Follow-on development excess funds .......................... [–2,250 ]

143 0604810N JOINT STRIKE FIGHTER FOLLOW ON DEVELOP-

MENT—NAVY.

63,387 61,137

Follow-on development excess funds .......................... [–2,250 ]

144 0605013M INFORMATION TECHNOLOGY DEVELOPMENT ........ 4,856 4,856

145 0605013N INFORMATION TECHNOLOGY DEVELOPMENT ........ 97,066 97,066

146 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT ..................... 2,500 2,500

147 0605212N CH–53K RDTE ..................................................................... 404,810 373,297

Program delay ............................................................... [–31,513 ]

148 0605215N MISSION PLANNING ........................................................ 33,570 33,570

149 0605217N COMMON AVIONICS ......................................................... 51,599 51,599

150 0605220N SHIP TO SHORE CONNECTOR (SSC) ............................ 11,088 11,088

151 0605327N T-AO (X) ............................................................................... 1,095 1,095

152 0605414N MQ-XX .................................................................................. 89,000 77,000

Excess Obligation ......................................................... [–12,000 ]

153 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) ................... 17,880 17,880

154 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) .......... 59,126 59,126

155 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III 182,220 152,220

Program execution ........................................................ [–30,000 ]

156 0204202N DDG–1000 ............................................................................ 45,642 45,642

159 0304231N TACTICAL COMMAND SYSTEM—MIP .......................... 676 676

160 0304785N TACTICAL CRYPTOLOGIC SYSTEMS ............................ 36,747 36,747

161 0305124N SPECIAL APPLICATIONS PROGRAM ............................ 35,002 35,002

162 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOP-

MENT.

4,942 4,942

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

6,025,655 5,928,917

MANAGEMENT SUPPORT

163 0604256N THREAT SIMULATOR DEVELOPMENT ........................ 16,633 16,633

164 0604258N TARGET SYSTEMS DEVELOPMENT ............................. 36,662 36,662

165 0604759N MAJOR T&E INVESTMENT ............................................. 42,109 42,109

166 0605126N JOINT THEATER AIR AND MISSILE DEFENSE OR-

GANIZATION.

2,998 2,998

167 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ............... 3,931 3,931

168 0605154N CENTER FOR NAVAL ANALYSES .................................. 46,634 46,634

169 0605285N NEXT GENERATION FIGHTER ....................................... 1,200 1,200

171 0605804N TECHNICAL INFORMATION SERVICES ....................... 903 903

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130 STAT. 2839 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

172 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL

SUPPORT.

87,077 87,077

173 0605856N STRATEGIC TECHNICAL SUPPORT .............................. 3,597 3,597

174 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGE-

MENT.

62,811 62,811

175 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ...................... 106,093 106,093

176 0605864N TEST AND EVALUATION SUPPORT .............................. 349,146 349,146

177 0605865N OPERATIONAL TEST AND EVALUATION CAPA-

BILITY.

18,160 18,160

178 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW)

SUPPORT.

9,658 9,658

179 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 6,500 6,500

180 0605873M MARINE CORPS PROGRAM WIDE SUPPORT .............. 22,247 22,247

181 0605898N MANAGEMENT HQ—R&D ............................................... 16,254 16,254

182 0606355N WARFARE INNOVATION MANAGEMENT .................... 21,123 21,123

SUBTOTAL MANAGEMENT SUPPORT .................. 853,736 853,736

OPERATIONAL SYSTEMS DEVELOPMENT

188 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) ... 84,501 84,501

189 0607700N DEPLOYABLE JOINT COMMAND AND CONTROL ..... 2,970 2,970

190 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT .... 136,556 136,556

191 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ............... 33,845 33,845

192 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 9,329 9,329

193 0101402N NAVY STRATEGIC COMMUNICATIONS ....................... 17,218 17,218

195 0204136N F/A–18 SQUADRONS ......................................................... 189,125 189,125

196 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ............ 48,225 48,225

197 0204228N SURFACE SUPPORT .......................................................... 21,156 21,156

198 0204229N TOMAHAWK AND TOMAHAWK MISSION PLAN-

NING CENTER (TMPC).

71,355 71,355

199 0204311N INTEGRATED SURVEILLANCE SYSTEM ..................... 58,542 57,058

TASW prototypes excess growth ................................. [–1,484 ]

200 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DIS-

PLACEMENT CRAFT).

13,929 13,929

201 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ..... 83,538 83,538

202 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOP-

MENT.

38,593 38,593

203 0204574N CRYPTOLOGIC DIRECT SUPPORT ................................ 1,122 1,122

204 0204575N ELECTRONIC WARFARE (EW) READINESS SUP-

PORT.

99,998 99,998

205 0205601N HARM IMPROVEMENT ..................................................... 48,635 48,635

206 0205604N TACTICAL DATA LINKS ................................................... 124,785 124,785

207 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION .... 24,583 24,583

208 0205632N MK–48 ADCAP .................................................................... 39,134 39,134

209 0205633N AVIATION IMPROVEMENTS ........................................... 120,861 120,861

210 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ............. 101,786 101,786

211 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ........ 82,159 82,159

212 0206335M COMMON AVIATION COMMAND AND CONTROL

SYSTEM (CAC2S).

11,850 11,850

213 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING

ARMS SYSTEMS.

47,877 47,877

214 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ........ 13,194 13,194

215 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE

SYSTEMS (MIP).

17,171 17,171

216 0206629M AMPHIBIOUS ASSAULT VEHICLE ................................ 38,020 38,020

217 0207161N TACTICAL AIM MISSILES ............................................... 56,285 56,285

218 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE

(AMRAAM).

40,350 40,350

219 0219902M GLOBAL COMBAT SUPPORT SYSTEM—MARINE

CORPS (GCSS-MC).

9,128 9,128

223 0303109N SATELLITE COMMUNICATIONS (SPACE) .................... 37,372 37,372

224 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE

SERVICES (CANES).

23,541 23,541

225 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ....... 38,510 38,510

228 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVI-

TIES.

6,019 6,019

229 0305204N TACTICAL UNMANNED AERIAL VEHICLES ............... 8,436 8,436

230 0305205N UAS INTEGRATION AND INTEROPERABILITY .......... 36,509 33,509

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130 STAT. 2840 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

Prior year carryover ..................................................... [–3,000 ]

231 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYS-

TEMS.

2,100 2,100

232 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYS-

TEMS.

44,571 44,571

233 0305220N MQ–4C TRITON .................................................................. 111,729 111,729

234 0305231N MQ–8 UAV ........................................................................... 26,518 26,518

235 0305232M RQ–11 UAV .......................................................................... 418 418

236 0305233N RQ–7 UAV ............................................................................ 716 716

237 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ............ 5,071 5,071

238 0305239M RQ–21A ................................................................................. 9,497 9,497

239 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT .... 77,965 77,965

240 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS

(MIP).

11,181 11,181

241 0305421N RQ–4 MODERNIZATION ................................................... 181,266 181,266

242 0308601N MODELING AND SIMULATION SUPPORT ................... 4,709 4,709

243 0702207N DEPOT MAINTENANCE (NON-IF) .................................. 49,322 49,322

245 0708730N MARITIME TECHNOLOGY (MARITECH) ...................... 3,204 3,204

245A 9999999999 CLASSIFIED PROGRAMS ................................................. 1,228,460 1,228,460

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

3,592,934 3,588,450

TOTAL RESEARCH, DEVELOPMENT, TEST

& EVAL, NAVY.

17,276,301 17,078,663

RESEARCH, DEVELOPMENT, TEST & EVAL, AF

BASIC RESEARCH

001 0601102F DEFENSE RESEARCH SCIENCES .................................. 340,812 340,812

002 0601103F UNIVERSITY RESEARCH INITIATIVES ........................ 145,044 145,044

003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ...... 14,168 14,168

SUBTOTAL BASIC RESEARCH ................................ 500,024 500,024

APPLIED RESEARCH

004 0602102F MATERIALS ........................................................................ 126,152 131,152

Precision measuring tools ............................................ [5,000 ]

005 0602201F AEROSPACE VEHICLE TECHNOLOGIES ..................... 122,831 127,831

Reusable Hypersonic vehicle structures development [5,000 ]

006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ....... 111,647 111,647

007 0602203F AEROSPACE PROPULSION ............................................. 185,671 190,671

Program increase .......................................................... [5,000 ]

008 0602204F AEROSPACE SENSORS ..................................................... 155,174 155,174

009 0602601F SPACE TECHNOLOGY ...................................................... 117,915 117,915

010 0602602F CONVENTIONAL MUNITIONS ........................................ 109,649 109,649

011 0602605F DIRECTED ENERGY TECHNOLOGY ............................. 127,163 127,163

012 0602788F DOMINANT INFORMATION SCIENCES AND METH-

ODS.

161,650 161,650

013 0602890F HIGH ENERGY LASER RESEARCH ............................... 42,300 42,300

SUBTOTAL APPLIED RESEARCH .......................... 1,260,152 1,275,152

ADVANCED TECHNOLOGY DEVELOPMENT

014 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ... 35,137 45,137

Metals Affordability Initiative ..................................... [10,000 ]

015 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 20,636 20,636

016 0603203F ADVANCED AEROSPACE SENSORS .............................. 40,945 40,945

017 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ...................... 130,950 130,950

018 0603216F AEROSPACE PROPULSION AND POWER TECH-

NOLOGY.

94,594 99,594

Silicon Carbide for aerospace power application ....... [5,000 ]

019 0603270F ELECTRONIC COMBAT TECHNOLOGY ........................ 58,250 58,250

020 0603401F ADVANCED SPACECRAFT TECHNOLOGY ................... 61,593 61,593

021 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ......... 11,681 11,681

022 0603456F HUMAN EFFECTIVENESS ADVANCED TECH-

NOLOGY DEVELOPMENT.

26,492 26,492

023 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ............... 102,009 102,009

024 0603605F ADVANCED WEAPONS TECHNOLOGY ......................... 39,064 39,064

025 0603680F MANUFACTURING TECHNOLOGY PROGRAM ........... 46,344 46,344

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130 STAT. 2841 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

026 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND

DEMONSTRATION.

58,110 58,110

SUBTOTAL ADVANCED TECHNOLOGY DEVEL-

OPMENT.

725,805 740,805

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

027 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ............ 5,598 5,598

028 0603438F SPACE CONTROL TECHNOLOGY .................................. 7,534 7,534

029 0603742F COMBAT IDENTIFICATION TECHNOLOGY ................. 24,418 24,418

030 0603790F NATO RESEARCH AND DEVELOPMENT ..................... 4,333 4,333

032 0603830F SPACE SECURITY AND DEFENSE PROGRAM ............ 32,399 32,399

033 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/

VAL.

108,663 108,663

035 0604015F LONG RANGE STRIKE—BOMBER ................................. 1,358,309 1,358,309

036 0604257F ADVANCED TECHNOLOGY AND SENSORS ................ 34,818 34,818

037 0604317F TECHNOLOGY TRANSFER .............................................. 3,368 3,368

038 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYS-

TEM (HDBTDS) PROGRAM.

74,308 74,308

039 0604422F WEATHER SYSTEM FOLLOW-ON .................................. 118,953 113,953

Transfer Cloud Characterization and Theater

Weather Imagery to NRO.

[–5,000 ]

040 0604425F SPACE SITUATION AWARENESS SYSTEMS ............... 9,901 9,901

041 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 25,890 25,890

042 0604857F OPERATIONALLY RESPONSIVE SPACE ....................... 7,921 18,421

Program increase .......................................................... [10,500 ]

043 0604858F TECH TRANSITION PROGRAM ...................................... 347,304 347,304

044 0605230F GROUND BASED STRATEGIC DETERRENT ................ 113,919 113,919

046 0207110F NEXT GENERATION AIR DOMINANCE ........................ 20,595 20,595

047 0207455F THREE DIMENSIONAL LONG-RANGE RADAR

(3DELRR).

49,491 49,491

048 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER

EQUIPMENT) (SPACE).

278,147 278,147

049 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) 42,338 42,338

050 0306250F CYBER OPERATIONS TECHNOLOGY DEVELOP-

MENT.

158,002 158,002

051 0306415F ENABLED CYBER ACTIVITIES ....................................... 15,842 15,842

052 0901410F CONTRACTING INFORMATION TECHNOLOGY SYS-

TEM.

5,782 5,782

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

2,847,833 2,853,333

SYSTEM DEVELOPMENT & DEMONSTRATION

054 0604270F ELECTRONIC WARFARE DEVELOPMENT ................... 12,476 9,176

Improved GPS ............................................................... [–3,300 ]

055 0604281F TACTICAL DATA NETWORKS ENTERPRISE ............... 82,380 82,380

056 0604287F PHYSICAL SECURITY EQUIPMENT .............................. 8,458 8,458

057 0604329F SMALL DIAMETER BOMB (SDB)—EMD ........................ 54,838 47,038

Improved GPS ............................................................... [–7,800 ]

058 0604421F COUNTERSPACE SYSTEMS ............................................ 34,394 34,394

059 0604425F SPACE SITUATION AWARENESS SYSTEMS ............... 23,945 23,945

060 0604426F SPACE FENCE .................................................................... 168,364 168,364

061 0604429F AIRBORNE ELECTRONIC ATTACK ................................ 9,187 9,187

062 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH

EMD.

181,966 181,966

063 0604602F ARMAMENT/ORDNANCE DEVELOPMENT .................. 20,312 20,312

064 0604604F SUBMUNITIONS ................................................................ 2,503 2,503

065 0604617F AGILE COMBAT SUPPORT .............................................. 53,680 53,680

066 0604618F JOINT DIRECT ATTACK MUNITION ............................. 9,901 9,901

067 0604706F LIFE SUPPORT SYSTEMS ................................................ 7,520 7,520

068 0604735F COMBAT TRAINING RANGES ......................................... 77,409 77,409

069 0604800F F–35—EMD .......................................................................... 450,467 450,467

070 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PRO-

GRAM (SPACE)—EMD.

296,572 160,000

Launch System Development ...................................... [160,000 ]

Next Generation Launch System Investment ............ [–296,572 ]

070A 0604XXXF ROCKET PROPULSION SYSTEM .................................... 220,000

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130 STAT. 2842 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

Rocket Propulsion System Replacement of RD–180 .. [220,000 ]

071 0604932F LONG RANGE STANDOFF WEAPON ............................. 95,604 95,604

072 0604933F ICBM FUZE MODERNIZATION ....................................... 189,751 189,751

073 0605030F JOINT TACTICAL NETWORK CENTER (JTNC) ........... 1,131 1,131

074 0605213F F–22 MODERNIZATION INCREMENT 3.2B .................. 70,290 70,290

075 0605214F GROUND ATTACK WEAPONS FUZE DEVELOPMENT 937 937

076 0605221F KC–46 ................................................................................... 261,724 121,724

Scope Reduction ............................................................ [–140,000 ]

077 0605223F ADVANCED PILOT TRAINING ........................................ 12,377 7,377

Early to need ................................................................. [–5,000 ]

078 0605229F CSAR HH–60 RECAPITALIZATION ................................. 319,331 304,331

Forward financing ........................................................ [–15,000 ]

080 0605431F ADVANCED EHF MILSATCOM (SPACE) ....................... 259,131 229,131

Delayed analysis of alternatives ................................. [–30,000 ]

081 0605432F POLAR MILSATCOM (SPACE) ......................................... 50,815 50,815

082 0605433F WIDEBAND GLOBAL SATCOM (SPACE) ....................... 41,632 51,632

COMSATCOM pilot program ...................................... [10,000 ]

083 0605458F AIR & SPACE OPS CENTER 10.2 RDT&E ...................... 28,911 28,911

084 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM .................. 315,615 288,915

Scope Reduction ............................................................ [–26,700 ]

085 0101125F NUCLEAR WEAPONS MODERNIZATION ..................... 137,909 137,909

086 0207171F F–15 EPAWSS ..................................................................... 256,669 256,669

087 0207701F FULL COMBAT MISSION TRAINING ............................. 12,051 12,051

088 0305176F COMBAT SURVIVOR EVADER LOCATOR ..................... 29,253 29,253

089 0307581F JSTARS RECAP .................................................................. 128,019 128,019

090 0401319F PRESIDENTIAL AIRCRAFT REPLACEMENT (PAR) .... 351,220 351,220

091 0701212F AUTOMATED TEST SYSTEMS ........................................ 19,062 19,062

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

4,075,804 3,941,432

MANAGEMENT SUPPORT

092 0604256F THREAT SIMULATOR DEVELOPMENT ........................ 21,630 21,630

093 0604759F MAJOR T&E INVESTMENT ............................................. 66,385 66,385

094 0605101F RAND PROJECT AIR FORCE ........................................... 34,641 34,641

096 0605712F INITIAL OPERATIONAL TEST & EVALUATION ......... 11,529 11,529

097 0605807F TEST AND EVALUATION SUPPORT .............................. 661,417 661,417

098 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ...... 11,198 11,198

099 0605864F SPACE TEST PROGRAM (STP) ........................................ 27,070 27,070

100 0605976F FACILITIES RESTORATION AND MODERNIZA-

TION—TEST AND EVALUATION SUPPORT.

134,111 134,111

101 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUA-

TION SUPPORT.

28,091 28,091

102 0606017F REQUIREMENTS ANALYSIS AND MATURATION ...... 29,100 29,100

103 0606116F SPACE TEST AND TRAINING RANGE DEVELOP-

MENT.

18,528 18,528

104 0606392F SPACE AND MISSILE CENTER (SMC) CIVILIAN

WORKFORCE.

176,666 176,666

105 0308602F ENTEPRISE INFORMATION SERVICES (EIS) .............. 4,410 4,410

106 0702806F ACQUISITION AND MANAGEMENT SUPPORT ........... 14,613 14,613

107 0804731F GENERAL SKILL TRAINING ........................................... 1,404 1,404

109 1001004F INTERNATIONAL ACTIVITIES ....................................... 4,784 4,784

SUBTOTAL MANAGEMENT SUPPORT .................. 1,245,577 1,245,577

OPERATIONAL SYSTEMS DEVELOPMENT

110 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL

CONTROL SEGMENT.

393,268 393,268

111 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAIN-

ING.

15,427 15,427

112 0604445F WIDE AREA SURVEILLANCE ......................................... 46,695 46,695

115 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM

(AF-IPPS).

10,368 10,368

116 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 31,952 31,952

117 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOI-

TATION.

42,960 42,960

118 0605278F HC/MC–130 RECAP RDT&E ............................................. 13,987 13,987

119 0101113F B–52 SQUADRONS ............................................................. 78,267 78,267

120 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) .................. 453 453

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130 STAT. 2843 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

121 0101126F B–1B SQUADRONS ............................................................ 5,830 5,830

122 0101127F B–2 SQUADRONS ............................................................... 152,458 152,458

123 0101213F MINUTEMAN SQUADRONS ............................................. 182,958 182,958

124 0101313F STRAT WAR PLANNING SYSTEM—USSTRATCOM .... 39,148 39,148

126 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICA-

TIONS.

6,042 6,042

128 0102110F UH–1N REPLACEMENT PROGRAM ............................... 14,116 14,116

129 0102326F REGION/SECTOR OPERATION CONTROL CENTER

MODERNIZATION PROGRAM.

10,868 10,868

130 0105921F SERVICE SUPPORT TO STRATCOM—SPACE ACTIVI-

TIES.

8,674 8,674

131 0205219F MQ–9 UAV ........................................................................... 151,373 161,373

Auto take-off and landing capability .......................... [10,000 ]

133 0207131F A–10 SQUADRONS ............................................................. 14,853 14,853

134 0207133F F–16 SQUADRONS ............................................................. 132,795 132,795

135 0207134F F–15E SQUADRONS .......................................................... 356,717 356,717

136 0207136F MANNED DESTRUCTIVE SUPPRESSION ..................... 14,773 14,773

137 0207138F F–22A SQUADRONS .......................................................... 387,564 379,464

Improved GPS ............................................................... [–8,100 ]

138 0207142F F–35 SQUADRONS ............................................................. 153,045 147,545

Follow-on development—excess funds ........................ [–5,500 ]

139 0207161F TACTICAL AIM MISSILES ............................................... 52,898 52,898

140 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE

(AMRAAM).

62,470 62,470

143 0207227F COMBAT RESCUE—PARARESCUE ................................ 362 362

144 0207247F AF TENCAP ......................................................................... 28,413 28,413

145 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ....... 649 649

146 0207253F COMPASS CALL ................................................................. 13,723 50,823

Compass Call Program Restructure ........................... [37,100 ]

147 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT

PROGRAM.

109,859 109,859

148 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE

(JASSM).

30,002 30,002

149 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ............... 37,621 25,343

Weapon system modification ....................................... [–12,278 ]

150 0207412F CONTROL AND REPORTING CENTER (CRC) .............. 13,292 13,292

151 0207417F AIRBORNE WARNING AND CONTROL SYSTEM

(AWACS).

86,644 86,644

152 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS ............... 2,442 2,442

154 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 10,911 15,911

Geospatial software development ................................ [5,000 ]

155 0207444F TACTICAL AIR CONTROL PARTY-MOD ........................ 11,843 11,843

156 0207448F C2ISR TACTICAL DATA LINK ......................................... 1,515 1,515

157 0207452F DCAPES ............................................................................... 14,979 14,979

158 0207590F SEEK EAGLE ...................................................................... 25,308 25,308

159 0207601F USAF MODELING AND SIMULATION ........................... 16,666 16,666

160 0207605F WARGAMING AND SIMULATION CENTERS ............... 4,245 4,245

161 0207697F DISTRIBUTED TRAINING AND EXERCISES ................ 3,886 3,886

162 0208006F MISSION PLANNING SYSTEMS ..................................... 71,785 71,785

164 0208087F AF OFFENSIVE CYBERSPACE OPERATIONS .............. 25,025 25,025

165 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS ............. 29,439 29,439

168 0301017F GLOBAL SENSOR INTEGRATED ON NETWORK

(GSIN).

3,470 3,470

169 0301112F NUCLEAR PLANNING AND EXECUTION SYSTEM

(NPES).

4,060 4,060

175 0301400F SPACE SUPERIORITY INTELLIGENCE ........................ 13,880 13,880

176 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER

(NAOC).

30,948 30,948

177 0303001F FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) 42,378 42,378

178 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICA-

TIONS NETWORK (MEECN).

47,471 47,471

179 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ....... 46,388 46,388

180 0303141F GLOBAL COMBAT SUPPORT SYSTEM .......................... 52 52

181 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE 2,099 2,099

184 0304260F AIRBORNE SIGINT ENTERPRISE .................................. 90,762 90,762

187 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ......... 4,354 4,354

188 0305110F SATELLITE CONTROL NETWORK (SPACE) ................. 15,624 15,624

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130 STAT. 2844 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

189 0305111F WEATHER SERVICE ......................................................... 19,974 22,974

Commercial Weather Pilot Program ........................... [3,000 ]

190 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LAND-

ING SYSTEM (ATCALS).

9,770 9,770

191 0305116F AERIAL TARGETS ............................................................. 3,051 3,051

194 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ........... 405 405

195 0305145F ARMS CONTROL IMPLEMENTATION ........................... 4,844 4,844

196 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVI-

TIES.

339 339

199 0305173F SPACE AND MISSILE TEST AND EVALUATION

CENTER.

3,989 3,989

200 0305174F SPACE INNOVATION, INTEGRATION AND RAPID

TECHNOLOGY DEVELOPMENT.

3,070 3,070

201 0305179F INTEGRATED BROADCAST SERVICE (IBS) ................. 8,833 8,833

202 0305182F SPACELIFT RANGE SYSTEM (SPACE) .......................... 11,867 11,867

203 0305202F DRAGON U–2 ...................................................................... 37,217 37,217

205 0305206F AIRBORNE RECONNAISSANCE SYSTEMS .................. 3,841 18,841

Wide area motion imagery ........................................... [15,000 ]

206 0305207F MANNED RECONNAISSANCE SYSTEMS ..................... 20,975 20,975

207 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYS-

TEMS.

18,902 18,902

208 0305220F RQ–4 UAV ............................................................................ 256,307 256,307

209 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 22,610 22,610

211 0305238F NATO AGS ........................................................................... 38,904 38,904

212 0305240F SUPPORT TO DCGS ENTERPRISE ................................. 23,084 23,084

213 0305258F ADVANCED EVALUATION PROGRAM .......................... 116,143 116,143

214 0305265F GPS III SPACE SEGMENT ................................................ 141,888 141,888

215 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY

AND ARCHITECTURES.

2,360 2,360

216 0305614F JSPOC MISSION SYSTEM ................................................ 72,889 72,889

217 0305881F RAPID CYBER ACQUISITION .......................................... 4,280 4,280

218 0305906F NCMC—TW/AA SYSTEM ................................................... 4,951 4,951

219 0305913F NUDET DETECTION SYSTEM (SPACE) ........................ 21,093 21,093

220 0305940F SPACE SITUATION AWARENESS OPERATIONS ........ 35,002 35,002

222 0308699F SHARED EARLY WARNING (SEW) ................................. 6,366 6,366

223 0401115F C–130 AIRLIFT SQUADRON ............................................ 15,599 15,599

224 0401119F C–5 AIRLIFT SQUADRONS (IF) ....................................... 66,146 66,146

225 0401130F C–17 AIRCRAFT (IF) .......................................................... 12,430 12,430

226 0401132F C–130J PROGRAM .............................................................. 16,776 16,776

227 0401134F LARGE AIRCRAFT IR COUNTERMEASURES

(LAIRCM).

5,166 5,166

229 0401314F OPERATIONAL SUPPORT AIRLIFT ............................... 13,817 13,817

230 0401318F CV–22 ................................................................................... 16,702 16,702

231 0408011F SPECIAL TACTICS / COMBAT CONTROL ..................... 7,164 7,164

232 0702207F DEPOT MAINTENANCE (NON-IF) .................................. 1,518 1,518

233 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) .. 61,676 61,676

234 0708611F SUPPORT SYSTEMS DEVELOPMENT ........................... 9,128 9,128

235 0804743F OTHER FLIGHT TRAINING ............................................. 1,653 1,653

236 0808716F OTHER PERSONNEL ACTIVITIES ................................. 57 57

237 0901202F JOINT PERSONNEL RECOVERY AGENCY ................... 3,663 3,663

238 0901218F CIVILIAN COMPENSATION PROGRAM ........................ 3,735 3,735

239 0901220F PERSONNEL ADMINISTRATION .................................... 5,157 5,157

240 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY ......... 1,523 1,523

242 0901538F FINANCIAL MANAGEMENT INFORMATION SYS-

TEMS DEVELOPMENT.

10,581 10,581

242A 9999999999 CLASSIFIED PROGRAMS ................................................. 13,091,557 13,091,557

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

17,457,056 17,501,278

TOTAL RESEARCH, DEVELOPMENT, TEST

& EVAL, AF.

28,112,251 28,057,601

RESEARCH, DEVELOPMENT, TEST & EVAL, DW

BASIC RESEARCH

001 0601000BR DTRA BASIC RESEARCH INITIATIVE ........................... 35,436 35,436

002 0601101E DEFENSE RESEARCH SCIENCES .................................. 362,297 362,297

003 0601110D8Z BASIC RESEARCH INITIATIVES .................................... 36,654 36,654

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130 STAT. 2845 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH

SCIENCE.

57,791 57,791

005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM .......... 69,345 79,345

K–12 STEM program increase .................................... [10,000 ]

006 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVER-

SITIES/MINORITY INSTITUTIONS.

23,572 33,572

Program increase .......................................................... [10,000 ]

007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 44,800 44,800

SUBTOTAL BASIC RESEARCH ................................ 629,895 649,895

APPLIED RESEARCH

008 0602000D8Z JOINT MUNITIONS TECHNOLOGY ............................... 17,745 17,745

009 0602115E BIOMEDICAL TECHNOLOGY .......................................... 115,213 115,213

010 0602230D8Z DEFENSE TECHNOLOGY INNOVATION ...................... 30,000 0

Program decrease ......................................................... [–30,000 ]

011 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ....... 48,269 48,269

012 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF

S&T PRIORITIES.

42,206 42,206

013 0602303E INFORMATION & COMMUNICATIONS TECH-

NOLOGY.

353,635 353,635

014 0602383E BIOLOGICAL WARFARE DEFENSE ............................... 21,250 21,250

015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 188,715 188,715

016 0602668D8Z CYBER SECURITY RESEARCH ....................................... 12,183 12,183

017 0602702E TACTICAL TECHNOLOGY ............................................... 313,843 313,843

018 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ......... 220,456 214,456

Program reduction ........................................................ [–6,000 ]

019 0602716E ELECTRONICS TECHNOLOGY ....................................... 221,911 221,911

020 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECH-

NOLOGIES.

154,857 154,857

021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) AP-

PLIED RESEARCH.

8,420 8,420

022 1160401BB SOF TECHNOLOGY DEVELOPMENT ............................ 37,820 37,820

SUBTOTAL APPLIED RESEARCH .......................... 1,786,523 1,750,523

ADVANCED TECHNOLOGY DEVELOPMENT

023 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY ........ 23,902 23,902

025 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 73,002 73,002

026 0603133D8Z FOREIGN COMPARATIVE TESTING .............................. 19,343 29,343

Anti-tunnel defense systems ........................................ [10,000 ]

027 0603160BR COUNTERPROLIFERATION INITIATIVES—PRO-

LIFERATION PREVENTION AND DEFEAT.

266,444 266,444

028 0603176C ADVANCED CONCEPTS AND PERFORMANCE AS-

SESSMENT.

17,880 17,880

030 0603178C WEAPONS TECHNOLOGY ............................................... 71,843 71,843

031 0603179C ADVANCED C4ISR ............................................................. 3,626 3,626

032 0603180C ADVANCED RESEARCH ................................................... 23,433 23,433

033 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DE-

VELOPMENT.

17,256 17,256

035 0603274C SPECIAL PROGRAM—MDA TECHNOLOGY ................. 83,745 11,795

Program reduction ........................................................ [–71,950 ]

036 0603286E ADVANCED AEROSPACE SYSTEMS .............................. 182,327 182,327

037 0603287E SPACE PROGRAMS AND TECHNOLOGY ...................... 175,240 165,240

Program reduction ........................................................ [–10,000 ]

038 0603288D8Z ANALYTIC ASSESSMENTS .............................................. 12,048 12,048

039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CON-

CEPTS.

57,020 57,020

041 0603375D8Z TECHNOLOGY INNOVATION .......................................... 39,923 19,923

Program decrease ......................................................... [–20,000 ]

042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM—ADVANCED DEVELOPMENT.

127,941 127,941

043 0603527D8Z RETRACT LARCH .............................................................. 181,977 181,977

044 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ...... 22,030 22,030

045 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRA-

TIONS.

148,184 132,184

Program decrease ......................................................... [–16,000 ]

046 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES .... 9,331 9,331

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130 STAT. 2846 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND

TECHNOLOGY PROGRAM.

158,398 158,398

048 0603680S MANUFACTURING TECHNOLOGY PROGRAM ........... 31,259 31,259

049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVEL-

OPMENT.

49,895 49,895

050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEM-

ONSTRATIONS.

11,011 11,011

052 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PRO-

GRAM.

65,078 65,078

053 0603720S MICROELECTRONICS TECHNOLOGY DEVELOP-

MENT AND SUPPORT.

97,826 97,826

054 0603727D8Z JOINT WARFIGHTING PROGRAM ................................. 7,848 5,348

Prior year carryover ..................................................... [–2,500 ]

055 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ............. 49,807 49,807

056 0603760E COMMAND, CONTROL AND COMMUNICATIONS

SYSTEMS.

155,081 155,081

057 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY ........ 428,894 428,894

058 0603767E SENSOR TECHNOLOGY ................................................... 241,288 241,288

060 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ...................... 14,264 14,264

061 0603826D8Z QUICK REACTION SPECIAL PROJECTS ...................... 74,943 72,943

QRSP ............................................................................. [–2,000 ]

063 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY ................ 17,659 17,659

064 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY .... 87,135 87,135

065 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVE-

MENT.

37,329 41,329

Competitive technology investment ............................ [4,000 ]

066 0303310D8Z CWMD SYSTEMS ............................................................... 44,836 21,236

Constellation program reduction ................................. [–23,600 ]

067 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT ...... 61,620 61,620

SUBTOTAL ADVANCED TECHNOLOGY DEVEL-

OPMENT.

3,190,666 3,058,616

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

ADVANCED COMPONENT DEVELOPMENT AND

PROTOTYPES

068 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECU-

RITY EQUIPMENT RDT&E ADC&P.

28,498 28,498

069 0603600D8Z WALKOFF ............................................................................ 89,643 89,643

071 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMATION

SERVICES.

2,136 2,136

072 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CER-

TIFICATION PROGRAM.

52,491 52,491

073 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DE-

FENSE SEGMENT.

206,834 206,834

074 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DE-

FENSE SEGMENT.

862,080 862,080

075 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM—DEM/VAL.

138,187 138,187

076 0603884C BALLISTIC MISSILE DEFENSE SENSORS ................... 230,077 230,077

077 0603890C BMD ENABLING PROGRAMS .......................................... 401,594 401,594

078 0603891C SPECIAL PROGRAMS—MDA ........................................... 321,607 304,707

Program reduction ........................................................ [–16,900 ]

079 0603892C AEGIS BMD ......................................................................... 959,066 939,066

SM–3 IIA development excess growth ........................ [–20,000 ]

080 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM ......... 32,129 32,129

081 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE

PROGRAMS.

20,690 20,690

082 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND

CONTROL, BATTLE MANAGEMENT AND

COMMUNICATI.

439,617 443,517

Post Intercept Assessment Acceleration ..................... [3,900 ]

083 0603898C BALLISTIC MISSILE DEFENSE JOINT

WARFIGHTER SUPPORT.

47,776 47,776

084 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS

CENTER (MDIOC).

54,750 54,750

085 0603906C REGARDING TRENCH ...................................................... 8,785 8,785

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130 STAT. 2847 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

086 0603907C SEA BASED X-BAND RADAR (SBX) ................................ 68,787 68,787

087 0603913C ISRAELI COOPERATIVE PROGRAMS ............................ 103,835 268,735

Increase for Cooperative Development Programs

subject to Title XVI.

[164,900 ]

088 0603914C BALLISTIC MISSILE DEFENSE TEST ........................... 293,441 293,441

089 0603915C BALLISTIC MISSILE DEFENSE TARGETS ................... 563,576 563,576

090 0603920D8Z HUMANITARIAN DEMINING .......................................... 10,007 10,007

091 0603923D8Z COALITION WARFARE ..................................................... 10,126 10,126

092 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PRO-

GRAM.

3,893 8,893

Corrosion prevention .................................................... [5,000 ]

093 0604115C TECHNOLOGY MATURATION INITIATIVES ............... 90,266 90,266

094 0604132D8Z MISSILE DEFEAT PROJECT ........................................... 45,000 45,000

095 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES ................ 844,870 829,870

SCO ................................................................................ [–15,000 ]

097 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED

SYSTEM COMMON DEVELOPMENT.

3,320 3,320

099 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC

ANALYSIS (SSA).

4,000 4,000

102 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRA-

TION AND INTEROPERABILITY ASSESSMENTS.

23,642 23,642

104 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) ...... 162,012 162,012

105 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS 274,148 274,148

106 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DE-

FENSE SEGMENT TEST.

63,444 63,444

107 0604878C AEGIS BMD TEST .............................................................. 95,012 95,012

108 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST .......... 83,250 83,250

109 0604880C LAND-BASED SM–3 (LBSM3) ........................................... 43,293 43,293

110 0604881C AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT ............. 106,038 106,038

111 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEG-

MENT TEST.

56,481 56,481

112 0604894C MULTI-OBJECT KILL VEHICLE ..................................... 71,513 71,513

114 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET)

PROGRAM.

2,636 2,636

115 0305103C CYBER SECURITY INITIATIVE ...................................... 969 969

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT AND PROTOTYPES.

6,919,519 7,041,419

115A 0604XXXD WEATHER SYSTEM FOLLOW-ON .................................. 5,000

Transfer Cloud Characterization and Theater

Weather Imagery from USAF.

[5,000 ]

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

0 5,000

SYSTEM DEVELOPMENT AND DEMONSTRATION

116 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECU-

RITY EQUIPMENT RDT&E SDD.

10,324 10,324

117 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOP-

MENT.

181,303 181,303

118 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM—EMD.

266,231 266,231

120 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION

SYSTEM (JTIDS).

16,288 16,288

121 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT CAPA-

BILITIES.

4,568 4,568

122 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT ........ 11,505 11,505

123 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE .... 1,658 1,658

124 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ........................ 2,920 2,920

126 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND

DEMONSTRATION.

12,631 12,631

128 0605080S DEFENSE AGENCY INTIATIVES (DAI)—FINANCIAL

SYSTEM.

26,657 26,657

129 0605090S DEFENSE RETIRED AND ANNUITANT PAY SYSTEM

(DRAS).

4,949 4,949

130 0605140D8Z TRUSTED FOUNDRY ........................................................ 69,000 69,000

131 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CA-

PABILITIES.

9,881 9,881

132 0303141K GLOBAL COMBAT SUPPORT SYSTEM .......................... 7,600 7,600

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130 STAT. 2848 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

133 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MAN-

AGEMENT (EEIM).

2,703 2,703

SUBTOTAL SYSTEM DEVELOPMENT AND

DEMONSTRATION.

628,218 628,218

MANAGEMENT SUPPORT

134 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 4,678 4,678

135 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT .. 4,499 4,499

136 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT

DEVELOPMENT (CTEIP).

219,199 219,199

137 0604942D8Z ASSESSMENTS AND EVALUATIONS ............................ 28,706 28,706

138 0605001E MISSION SUPPORT ........................................................... 69,244 69,244

139 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY

(JMETC).

87,080 67,080

Prior year carryover and minimize growth ................ [–20,000 ]

140 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS .... 23,069 23,069

142 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE

ORGANIZATION (JIAMDO).

32,759 32,759

144 0605142D8Z SYSTEMS ENGINEERING ................................................ 32,429 32,429

145 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD .................. 3,797 3,797

146 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ............... 5,302 5,302

147 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION IN-

TEGRATION.

7,246 7,246

148 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) ......... 1,874 1,874

149 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 85,754 85,754

158 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/

SMALL BUSINESS TECHNOLOGY TRANSFER.

2,187 2,187

159 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ............................ 22,650 22,650

160 0605801KA DEFENSE TECHNICAL INFORMATION CENTER

(DTIC).

43,834 43,834

161 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING

AND EVALUATION.

22,240 22,240

162 0605804D8Z DEVELOPMENT TEST AND EVALUATION .................. 19,541 23,541

Program increase .......................................................... [4,000 ]

163 0605898E MANAGEMENT HQ—R&D ............................................... 4,759 4,759

164 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFOR-

MATION CENTER (DTIC).

4,400 4,400

165 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ................... 4,014 4,014

166 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE

(DOSI).

2,072 2,072

167 0204571J JOINT STAFF ANALYTICAL SUPPORT ......................... 7,464 7,464

170 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CA-

PABILITIES.

857 857

171 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OF-

FICE (DMDPO).

916 916

172 0305172K COMBINED ADVANCED APPLICATIONS ..................... 15,336 15,336

173 0305193D8Z CYBER INTELLIGENCE ................................................... 18,523 13,523

Program decrease ......................................................... [–5,000 ]

175 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING

TRANSFORMATION (CE2T2)—MHA.

34,384 34,384

176 0901598C MANAGEMENT HQ—MDA ............................................... 31,160 31,160

179 0903235D8W JOINT SERVICE PROVIDER (JSP) .................................. 827 827

180A 9999999999 CLASSIFIED PROGRAMS ................................................. 56,799 56,799

SUBTOTAL MANAGEMENT SUPPORT .................. 897,599 876,599

OPERATIONAL SYSTEM DEVELOPMENT

181 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ...................... 4,241 4,241

182 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND

PARTNERSHIP FOR PEACE INFORMATION MANA.

1,424 1,424

183 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED

INFORMATION SYSTEM (OHASIS).

287 287

184 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT

SUPPORT.

16,195 16,195

185 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVEL-

OPMENT.

4,194 4,194

186 0607327T GLOBAL THEATER SECURITY COOPERATION MAN-

AGEMENT INFORMATION SYSTEMS (G-TSCMIS).

7,861 7,861

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130 STAT. 2849 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

187 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPER-

ATIONAL SYSTEMS DEVELOPMENT).

33,361 33,361

189 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) ...... 3,038 3,038

190 0208045K C4I INTEROPERABILITY ................................................. 57,501 57,501

192 0301144K JOINT/ALLIED COALITION INFORMATION SHAR-

ING.

5,935 5,935

196 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE

SUPPORT.

575 575

197 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING

AND INTEGRATION.

18,041 18,041

198 0303126K LONG-HAUL COMMUNICATIONS—DCS ...................... 13,994 13,994

199 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICA-

TIONS NETWORK (MEECN).

12,206 12,206

200 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) ........................ 34,314 34,314

201 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ......... 36,602 36,602

202 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ....... 8,876 8,876

203 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ....... 159,068 161,068

SHARKSEER Program Increase ................................. [2,000 ]

204 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ........... 24,438 24,438

205 0303153K DEFENSE SPECTRUM ORGANIZATION ....................... 13,197 13,197

207 0303228K JOINT INFORMATION ENVIRONMENT (JIE) .............. 2,789 2,789

209 0303430K FEDERAL INVESTIGATIVE SERVICES INFORMA-

TION TECHNOLOGY.

75,000 75,000

210 0303610K TELEPORT PROGRAM ...................................................... 657 657

215 0305103K CYBER SECURITY INITIATIVE ...................................... 1,553 1,553

220 0305186D8Z POLICY R&D PROGRAMS ................................................ 6,204 4,204

Program decrease ......................................................... [–2,000 ]

221 0305199D8Z NET CENTRICITY .............................................................. 17,971 17,971

223 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYS-

TEMS.

5,415 5,415

226 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYS-

TEMS.

3,030 3,030

229 0305327V INSIDER THREAT .............................................................. 5,034 5,034

230 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER

PROGRAM.

2,037 2,037

236 0307577D8Z INTELLIGENCE MISSION DATA (IMD) ......................... 13,800 13,800

238 0708012S PACIFIC DISASTER CENTERS ........................................ 1,754 1,754

239 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM ... 2,154 2,154

240 0902298J MANAGEMENT HQ—OJCS .............................................. 826 826

241 1105219BB MQ–9 UAV ........................................................................... 17,804 17,804

244 1160403BB AVIATION SYSTEMS ......................................................... 159,143 159,143

245 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT ................ 7,958 7,958

246 1160408BB OPERATIONAL ENHANCEMENTS ................................. 64,895 64,895

247 1160431BB WARRIOR SYSTEMS ......................................................... 44,885 44,885

248 1160432BB SPECIAL PROGRAMS ........................................................ 1,949 1,949

249 1160434BB UNMANNED ISR ................................................................ 22,117 22,117

250 1160480BB SOF TACTICAL VEHICLES .............................................. 3,316 3,316

251 1160483BB MARITIME SYSTEMS ........................................................ 54,577 54,577

252 1160489BB GLOBAL VIDEO SURVEILLANCE ACTIVITIES ........... 3,841 3,841

253 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE ... 11,834 11,834

253A 9999999999 CLASSIFIED PROGRAMS ................................................. 3,270,515 3,270,515

SUBTOTAL OPERATIONAL SYSTEM DEVELOP-

MENT.

4,256,406 4,256,406

TOTAL RESEARCH, DEVELOPMENT, TEST

& EVAL, DW.

18,308,826 18,266,676

OPERATIONAL TEST & EVAL, DEFENSE

MANAGEMENT SUPPORT

001 0605118OTE OPERATIONAL TEST AND EVALUATION .................... 78,047 78,047

002 0605131OTE LIVE FIRE TEST AND EVALUATION ............................ 48,316 48,316

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES .. 52,631 52,631

SUBTOTAL MANAGEMENT SUPPORT .................. 178,994 178,994

TOTAL OPERATIONAL TEST & EVAL, DE-

FENSE.

178,994 178,994

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130 STAT. 2850 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

TOTAL RDT&E ....................................................... 71,391,771 71,110,624

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR

OVERSEAS CONTINGENCY OPERATIONS.

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTIN-

GENCY OPERATIONS

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

055 0603308A ARMY SPACE SYSTEMS INTEGRATION ........................ 9,375 9,375

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

9,375 9,375

SYSTEM DEVELOPMENT & DEMONSTRATION

091 0604741A AIR DEFENSE COMMAND, CONTROL AND INTEL-

LIGENCE—ENG DEV.

78,700 78,700

114 0605032A TRACTOR TIRE .................................................................... 10,000 10,000

117 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) 10,900 10,900

119 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT .................. 50,500 50,500

122 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ............... 73,110 73,110

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

223,210 223,210

OPERATIONAL SYSTEMS DEVELOPMENT

208 0307665A BIOMETRICS ENABLED INTELLIGENCE ...................... 7,104 7,104

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

7,104 7,104

TOTAL RESEARCH, DEVELOPMENT, TEST

& EVAL, ARMY.

239,689 239,689

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

038 0603527N RETRACT LARCH ................................................................ 3,907 3,907

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

3,907 3,907

OPERATIONAL SYSTEMS DEVELOPMENT

245A 9999999999 CLASSIFIED PROGRAMS ................................................... 36,426 36,426

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

36,426 36,426

TOTAL RESEARCH, DEVELOPMENT, TEST

& EVAL, NAVY.

40,333 40,333

SYSTEM DEVELOPMENT & DEMONSTRATION

058 0604421F COUNTERSPACE SYSTEMS .............................................. 425 425

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

425 425

OPERATIONAL SYSTEMS DEVELOPMENT

200 0305174F SPACE INNOVATION, INTEGRATION AND RAPID

TECHNOLOGY DEVELOPMENT.

4,715 4,715

242A 9999999999 CLASSIFIED PROGRAMS ................................................... 27,765 27,765

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

32,480 32,480

TOTAL RESEARCH, DEVELOPMENT, TEST

& EVAL, AF.

32,905 32,905

OPERATIONAL SYSTEM DEVELOPMENT

253A 9999999999 CLASSIFIED PROGRAMS ................................................... 165,419 165,419

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130 STAT. 2851 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTIN-

GENCY OPERATIONS

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

SUBTOTAL OPERATIONAL SYSTEM DEVEL-

OPMENT.

165,419 165,419

TOTAL RESEARCH, DEVELOPMENT, TEST

& EVAL, DW.

165,419 165,419

TOTAL RDT&E ........................................................ 478,346 478,346

SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR

OVERSEAS CONTINGENCY OPERATIONS FOR BASE

REQUIREMENTS.

SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTIN-

GENCY OPERATIONS FOR BASE OPERATIONS

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2017

Request

Conference

Authorized

RESEARCH, DEVELOPMENT, TEST & EVAL,

ARMY

SYSTEM DEVELOPMENT & DEMONSTRATION

090 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ........... 33 33

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

33 33

TOTAL RESEARCH, DEVELOPMENT, TEST

& EVAL, ARMY.

33 33

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

078 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTER-

MEASURES (TADIRCM).

37,990 37,990

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

37,990 37,990

TOTAL RESEARCH, DEVELOPMENT, TEST

& EVAL, NAVY.

37,990 37,990

TOTAL RDT&E ........................................................ 38,023 38,023

TITLE XLIII—OPERATION AND

MAINTENANCE

SEC. 4301. OPERATION AND MAINTENANCE.

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

OPERATION & MAINTENANCE, ARMY

OPERATING FORCES

010 MANEUVER UNITS ....................................................... 791,450 841,450

Home station training unfunded requirement ...... [50,000 ]

020 MODULAR SUPPORT BRIGADES ............................... 68,373 68,373

030 ECHELONS ABOVE BRIGADE .................................... 438,823 438,823

040 THEATER LEVEL ASSETS .......................................... 660,258 660,258

050 LAND FORCES OPERATIONS SUPPORT .................. 863,928 863,928

060 AVIATION ASSETS ........................................................ 1,360,597 1,461,097

Eleventh CAB ........................................................... [32,500 ]

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130 STAT. 2852 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

Flying hour program unfunded requirement ......... [68,000 ]

070 FORCE READINESS OPERATIONS SUPPORT ......... 3,086,443 3,086,443

080 LAND FORCES SYSTEMS READINESS ..................... 439,488 439,488

090 LAND FORCES DEPOT MAINTENANCE .................. 1,013,452 1,032,852

Depot maintenance unfunded requirement ........... [19,400 ]

100 BASE OPERATIONS SUPPORT ................................... 7,816,343 7,838,443

Eleventh CAB Support ............................................ [22,100 ]

110 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 2,234,546 2,319,946

Restore Sustainment shortfalls ............................... [85,400 ]

120 MANAGEMENT AND OPERATIONAL HEAD-

QUARTERS .................................................................. 452,105 452,105

130 COMBATANT COMMANDERS CORE OPERATIONS 155,658 155,658

170 COMBATANT COMMANDS DIRECT MISSION SUP-

PORT ............................................................................ 441,143 441,143

SUBTOTAL OPERATING FORCES .................. 19,822,607 20,100,007

MOBILIZATION

180 STRATEGIC MOBILITY ................................................ 336,329 336,329

190 ARMY PREPOSITIONED STOCKS .............................. 390,848 415,848

Program increase ..................................................... [25,000 ]

200 INDUSTRIAL PREPAREDNESS .................................. 7,401 7,401

SUBTOTAL MOBILIZATION ............................. 734,578 759,578

TRAINING AND RECRUITING

210 OFFICER ACQUISITION .............................................. 131,942 131,942

220 RECRUIT TRAINING .................................................... 47,846 47,846

230 ONE STATION UNIT TRAINING ................................ 45,419 45,419

240 SENIOR RESERVE OFFICERS TRAINING CORPS .. 482,747 482,747

250 SPECIALIZED SKILL TRAINING ................................ 921,025 927,525

Defense Foreign Language Program ...................... [6,500 ]

260 FLIGHT TRAINING ....................................................... 902,845 945,779

Graduate pilot training unfunded requirement .... [5,405 ]

School Air OPTEMPO unfunded requirement ....... [31,125 ]

Train full ARPINT load of 990 ............................... [6,404 ]

270 PROFESSIONAL DEVELOPMENT EDUCATION ..... 216,583 248,183

Military Training and PME .................................... [31,600 ]

280 TRAINING SUPPORT .................................................... 607,534 607,534

290 RECRUITING AND ADVERTISING ............................ 550,599 525,599

Unjustified program growth .................................... [–25,000 ]

300 EXAMINING ................................................................... 187,263 187,263

310 OFF-DUTY AND VOLUNTARY EDUCATION ............ 189,556 189,556

320 CIVILIAN EDUCATION AND TRAINING .................. 182,835 182,835

330 JUNIOR RESERVE OFFICER TRAINING CORPS .... 171,167 171,167

SUBTOTAL TRAINING AND RECRUITING .. 4,637,361 4,693,395

ADMIN & SRVWIDE ACTIVITIES

350 SERVICEWIDE TRANSPORTATION ........................... 230,739 295,739

Restore cricital shortfalls ........................................ [65,000 ]

360 CENTRAL SUPPLY ACTIVITIES ................................. 850,060 850,060

370 LOGISTIC SUPPORT ACTIVITIES .............................. 778,757 778,757

380 AMMUNITION MANAGEMENT .................................. 370,010 370,010

390 ADMINISTRATION ........................................................ 451,556 451,556

400 SERVICEWIDE COMMUNICATIONS ......................... 1,888,123 1,888,123

410 MANPOWER MANAGEMENT ...................................... 276,403 276,403

420 OTHER PERSONNEL SUPPORT ................................. 369,443 369,443

430 OTHER SERVICE SUPPORT ........................................ 1,096,074 1,096,074

440 ARMY CLAIMS ACTIVITIES ........................................ 207,800 207,800

450 REAL ESTATE MANAGEMENT .................................. 240,641 240,641

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130 STAT. 2853 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

460 FINANCIAL MANAGEMENT AND AUDIT READI-

NESS ............................................................................ 250,612 250,612

470 INTERNATIONAL MILITARY HEADQUARTERS ..... 416,587 416,587

480 MISC. SUPPORT OF OTHER NATIONS ..................... 36,666 36,666

530 CLASSIFIED PROGRAMS ............................................. 1,151,023 1,151,023

SUBTOTAL ADMIN & SRVWIDE ACTIVI-

TIES ...................................................................... 8,614,494 8,679,494

UNDISTRIBUTED

540 UNDISTRIBUTED .......................................................... –400,200

Excessive standard price for fuel ............................ [–56,100 ]

Foreign Currency adjustments ............................... [–194,100 ]

Working Capital Fund Carryover Above Allow-

able Ceiling ........................................................... [–150,000 ]

SUBTOTAL UNDISTRIBUTED .......................... –400,200

TOTAL OPERATION & MAINTENANCE,

ARMY ................................................................ 33,809,040 33,832,274

OPERATION & MAINTENANCE, ARMY RES

OPERATING FORCES

010 MODULAR SUPPORT BRIGADES ............................... 11,435 11,435

020 ECHELONS ABOVE BRIGADE .................................... 491,772 511,772

Home station training unfunded requirement ...... [20,000 ]

030 THEATER LEVEL ASSETS .......................................... 116,163 116,163

040 LAND FORCES OPERATIONS SUPPORT .................. 563,524 563,524

050 AVIATION ASSETS ........................................................ 91,162 91,162

060 FORCE READINESS OPERATIONS SUPPORT ......... 347,459 347,659

Defense Language Program .................................... [200 ]

070 LAND FORCES SYSTEMS READINESS ..................... 101,926 101,926

080 LAND FORCES DEPOT MAINTENANCE .................. 56,219 56,219

090 BASE OPERATIONS SUPPORT ................................... 573,843 573,843

100 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 214,955 223,055

Restore Sustainment shortfalls ............................... [8,100 ]

110 MANAGEMENT AND OPERATIONAL HEAD-

QUARTERS .................................................................. 37,620 37,620

SUBTOTAL OPERATING FORCES .................. 2,606,078 2,634,378

ADMIN & SRVWD ACTIVITIES

120 SERVICEWIDE TRANSPORTATION ........................... 11,027 11,027

130 ADMINISTRATION ........................................................ 16,749 16,749

140 SERVICEWIDE COMMUNICATIONS ......................... 17,825 17,825

150 MANPOWER MANAGEMENT ...................................... 6,177 6,177

160 RECRUITING AND ADVERTISING ............................ 54,475 54,475

SUBTOTAL ADMIN & SRVWD ACTIVITIES 106,253 106,253

UNDISTRIBUTED

180 UNDISTRIBUTED .......................................................... –6,800

Excessive standard price for fuel ............................ [–6,800 ]

SUBTOTAL UNDISTRIBUTED .......................... –6,800

TOTAL OPERATION & MAINTENANCE,

ARMY RES ....................................................... 2,712,331 2,733,831

OPERATION & MAINTENANCE, ARNG

OPERATING FORCES

010 MANEUVER UNITS ....................................................... 708,251 758,251

Home station training unfunded requirement ...... [50,000 ]

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130 STAT. 2854 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

020 MODULAR SUPPORT BRIGADES ............................... 197,251 197,251

030 ECHELONS ABOVE BRIGADE .................................... 792,271 792,271

040 THEATER LEVEL ASSETS .......................................... 80,341 80,341

050 LAND FORCES OPERATIONS SUPPORT .................. 37,138 37,138

060 AVIATION ASSETS ........................................................ 887,625 884,825

Unjustified program growth .................................... [–2,800 ]

070 FORCE READINESS OPERATIONS SUPPORT ......... 696,267 690,152

Defense Language Program .................................... [200 ]

Unjustified program growth .................................... [–6,315 ]

080 LAND FORCES SYSTEMS READINESS ..................... 61,240 61,240

090 LAND FORCES DEPOT MAINTENANCE .................. 219,948 219,948

100 BASE OPERATIONS SUPPORT ................................... 1,040,012 1,040,012

110 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 676,715 691,115

Restore Sustainment shortfalls ............................... [14,400 ]

120 MANAGEMENT AND OPERATIONAL HEAD-

QUARTERS .................................................................. 1,021,144 1,021,144

SUBTOTAL OPERATING FORCES .................. 6,418,203 6,473,688

ADMIN & SRVWD ACTIVITIES

130 SERVICEWIDE TRANSPORTATION ........................... 6,396 6,396

140 ADMINISTRATION ........................................................ 68,528 69,678

State Partnership Program ..................................... [1,150 ]

150 SERVICEWIDE COMMUNICATIONS ......................... 76,524 76,524

160 MANPOWER MANAGEMENT ...................................... 7,712 7,712

170 OTHER PERSONNEL SUPPORT ................................. 245,046 245,046

180 REAL ESTATE MANAGEMENT .................................. 2,961 2,961

SUBTOTAL ADMIN & SRVWD ACTIVITIES 407,167 408,317

UNDISTRIBUTED

190 UNDISTRIBUTED .......................................................... –29,000

Excessive standard price for fuel ............................ [–29,000 ]

SUBTOTAL UNDISTRIBUTED .......................... –29,000

TOTAL OPERATION & MAINTENANCE,

ARNG ................................................................ 6,825,370 6,853,005

OPERATION & MAINTENANCE, NAVY

OPERATING FORCES

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 4,094,765 4,094,765

020 FLEET AIR TRAINING ................................................. 1,722,473 1,722,473

030 AVIATION TECHNICAL DATA & ENGINEERING

SERVICES ................................................................... 52,670 52,670

040 AIR OPERATIONS AND SAFETY SUPPORT ............. 97,584 97,584

050 AIR SYSTEMS SUPPORT ............................................. 446,733 453,233

Marine Corps unfunded requirement—accelerate

readiness - H–1 ..................................................... [5,300 ]

Marine Corps unfunded requirement—accelerate

readiness - MV–22B ............................................. [1,200 ]

060 AIRCRAFT DEPOT MAINTENANCE .......................... 1,007,681 1,071,681

AC Depot maintenance unfunded requirement ..... [34,000 ]

Navy unfunded requirement—Improve Afloat

Readiness .............................................................. [30,000 ]

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 38,248 38,248

080 AVIATION LOGISTICS .................................................. 564,720 598,220

E–6B and F–35 sustainment unfunded require-

ment ....................................................................... [16,000 ]

Marine Corps unfunded requirement—accelerate

readiness - KC–130J ............................................ [6,800 ]

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130 STAT. 2855 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

Marine Corps unfunded requirement—accelerate

readiness - MV–22B ............................................. [10,700 ]

090 MISSION AND OTHER SHIP OPERATIONS ............. 3,513,083 3,861,283

Cruiser Modernization ............................................. [90,200 ]

Navy unfunded requirement—Improve Afloat

Readiness .............................................................. [158,000 ]

Navy unfunded requirement—Restore 3 CG De-

ployments .............................................................. [41,000 ]

Navy unfunded requirement—Reverse PONCE

(LPD–15) Inactivation .......................................... [59,000 ]

100 SHIP OPERATIONS SUPPORT & TRAINING ........... 743,765 763,465

Navy unfunded requirement—Restore Fleet

Training ................................................................. [19,700 ]

110 SHIP DEPOT MAINTENANCE .................................... 5,168,273 5,486,873

Cruiser Modernization ............................................. [71,100 ]

Navy unfunded requirement—Ship Depot Whole-

ness ........................................................................ [238,000 ]

Program increase ..................................................... [9,500 ]

120 SHIP DEPOT OPERATIONS SUPPORT ...................... 1,575,578 1,654,578

Navy unfunded requirement—Increase Alfoat

Readiness .............................................................. [79,000 ]

130 COMBAT COMMUNICATIONS .................................... 558,727 558,727

140 ELECTRONIC WARFARE ............................................. 105,680 105,680

150 SPACE SYSTEMS AND SURVEILLANCE .................. 180,406 180,406

160 WARFARE TACTICS ...................................................... 470,032 470,032

170 OPERATIONAL METEOROLOGY AND OCEANOG-

RAPHY ......................................................................... 346,703 346,703

180 COMBAT SUPPORT FORCES ...................................... 1,158,688 1,158,688

190 EQUIPMENT MAINTENANCE .................................... 113,692 113,692

200 DEPOT OPERATIONS SUPPORT ................................ 2,509 2,509

210 COMBATANT COMMANDERS CORE OPERATIONS 91,019 91,019

220 COMBATANT COMMANDERS DIRECT MISSION

SUPPORT ..................................................................... 74,780 74,780

230 CRUISE MISSILE ........................................................... 106,030 106,030

240 FLEET BALLISTIC MISSILE ....................................... 1,233,805 1,233,805

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ......... 163,025 163,025

260 WEAPONS MAINTENANCE ......................................... 553,269 553,269

270 OTHER WEAPON SYSTEMS SUPPORT ..................... 350,010 350,010

280 ENTERPRISE INFORMATION ..................................... 790,685 790,685

290 SUSTAINMENT, RESTORATION AND MOD-

ERNIZATION .............................................................. 1,642,742 1,697,842

Restore Sustainment shortfalls ............................... [55,100 ]

300 BASE OPERATING SUPPORT ..................................... 4,206,136 4,206,136

SUBTOTAL OPERATING FORCES .................. 31,173,511 32,098,111

MOBILIZATION

310 SHIP PREPOSITIONING AND SURGE ...................... 893,517 893,517

320 READY RESERVE FORCE ............................................ 274,524 274,524

330 AIRCRAFT ACTIVATIONS/INACTIVATIONS ............ 6,727 6,727

340 SHIP ACTIVATIONS/INACTIVATIONS ...................... 288,154 288,154

350 EXPEDITIONARY HEALTH SERVICES SYSTEMS .. 95,720 95,720

360 INDUSTRIAL READINESS ........................................... 2,109 2,109

370 COAST GUARD SUPPORT ........................................... 21,114 21,114

SUBTOTAL MOBILIZATION ............................. 1,581,865 1,581,865

TRAINING AND RECRUITING

380 OFFICER ACQUISITION .............................................. 143,815 143,815

390 RECRUIT TRAINING .................................................... 8,519 8,519

400 RESERVE OFFICERS TRAINING CORPS .................. 143,445 143,445

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130 STAT. 2856 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

410 SPECIALIZED SKILL TRAINING ................................ 699,214 699,214

420 FLIGHT TRAINING ....................................................... 5,310 5,310

430 PROFESSIONAL DEVELOPMENT EDUCATION ..... 172,852 172,852

440 TRAINING SUPPORT .................................................... 222,728 222,728

450 RECRUITING AND ADVERTISING ............................ 225,647 225,647

460 OFF-DUTY AND VOLUNTARY EDUCATION ............ 130,569 130,569

470 CIVILIAN EDUCATION AND TRAINING .................. 73,730 73,730

480 JUNIOR ROTC ................................................................ 50,400 50,400

SUBTOTAL TRAINING AND RECRUITING .. 1,876,229 1,876,229

ADMIN & SRVWD ACTIVITIES

490 ADMINISTRATION ........................................................ 917,453 917,453

500 EXTERNAL RELATIONS .............................................. 14,570 14,570

510 CIVILIAN MANPOWER AND PERSONNEL MAN-

AGEMENT ................................................................... 124,070 124,070

520 MILITARY MANPOWER AND PERSONNEL MAN-

AGEMENT ................................................................... 369,767 369,767

530 OTHER PERSONNEL SUPPORT ................................. 285,927 285,927

540 SERVICEWIDE COMMUNICATIONS ......................... 319,908 319,908

570 SERVICEWIDE TRANSPORTATION ........................... 171,659 171,659

590 PLANNING, ENGINEERING AND DESIGN .............. 270,863 270,863

600 ACQUISITION AND PROGRAM MANAGEMENT ..... 1,112,766 1,112,766

610 HULL, MECHANICAL AND ELECTRICAL SUP-

PORT ............................................................................ 49,078 49,078

620 COMBAT/WEAPONS SYSTEMS ................................... 24,989 24,989

630 SPACE AND ELECTRONIC WARFARE SYSTEMS ... 72,966 72,966

640 NAVAL INVESTIGATIVE SERVICE ............................ 595,711 595,711

700 INTERNATIONAL HEADQUARTERS AND AGEN-

CIES ............................................................................. 4,809 4,809

730 CLASSIFIED PROGRAMS ............................................. 517,440 517,440

SUBTOTAL ADMIN & SRVWD ACTIVITIES 4,851,976 4,851,976

UNDISTRIBUTED

740 UNDISTRIBUTED .......................................................... –416,900

Excessive standard price for fuel ............................ [–390,500 ]

Foreign Currency adjustments ............................... [–26,400 ]

SUBTOTAL UNDISTRIBUTED .......................... –416,900

TOTAL OPERATION & MAINTENANCE,

NAVY ................................................................. 39,483,581 39,991,281

OPERATION & MAINTENANCE, MARINE

CORPS

OPERATING FORCES

010 OPERATIONAL FORCES .............................................. 674,613 760,313

Enterprise network defense unfunded require-

ment ....................................................................... [5,700 ]

Exercise program unfunded requirement .............. [58,000 ]

Marine Corps unfunded requirement- enhanced

combat helmets ..................................................... [22,000 ]

020 FIELD LOGISTICS ......................................................... 947,424 983,674

Critical/ no fail EOD unfunded requirement ......... [600 ]

Marine Corps unfunded requirement- rifle combat

optic modernization .............................................. [13,200 ]

Marine Corps unfunded requirement-

SPMAGTF—C4 UUNS ......................................... [8,250 ]

Nano/VTOL unfunded requirement ........................ [14,200 ]

030 DEPOT MAINTENANCE ............................................... 206,783 214,583

Depot maintenance unfunded requirement ........... [7,800 ]

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130 STAT. 2857 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

040 MARITIME PREPOSITIONING .................................... 85,276 85,276

050 SUSTAINMENT, RESTORATION & MODERNIZA-

TION ............................................................................. 632,673 694,673

Facility demolition unfunded requirement ............ [39,200 ]

Restore Sustainment shortfalls ............................... [22,800 ]

060 BASE OPERATING SUPPORT ..................................... 2,136,626 2,136,626

SUBTOTAL OPERATING FORCES .................. 4,683,395 4,875,145

TRAINING AND RECRUITING

070 RECRUIT TRAINING .................................................... 15,946 15,946

080 OFFICER ACQUISITION .............................................. 935 935

090 SPECIALIZED SKILL TRAINING ................................ 99,305 99,305

100 PROFESSIONAL DEVELOPMENT EDUCATION ..... 45,495 45,495

110 TRAINING SUPPORT .................................................... 369,979 369,979

120 RECRUITING AND ADVERTISING ............................ 165,566 165,566

130 OFF-DUTY AND VOLUNTARY EDUCATION ............ 35,133 35,133

140 JUNIOR ROTC ................................................................ 23,622 23,622

SUBTOTAL TRAINING AND RECRUITING .. 755,981 755,981

ADMIN & SRVWD ACTIVITIES

150 SERVICEWIDE TRANSPORTATION ........................... 34,534 34,534

160 ADMINISTRATION ........................................................ 355,932 355,932

180 ACQUISITION AND PROGRAM MANAGEMENT ..... 76,896 76,896

200 CLASSIFIED PROGRAMS ............................................. 47,520 47,520

SUBTOTAL ADMIN & SRVWD ACTIVITIES 514,882 514,882

UNDISTRIBUTED

210 UNDISTRIBUTED .......................................................... –6,400

Excessive standard price for fuel ............................ [–4,900 ]

Foreign Currency adjustments ............................... [–1,500 ]

SUBTOTAL UNDISTRIBUTED .......................... –6,400

TOTAL OPERATION & MAINTENANCE,

MARINE CORPS ............................................ 5,954,258 6,139,608

OPERATION & MAINTENANCE, NAVY RES

OPERATING FORCES

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 526,190 526,190

020 INTERMEDIATE MAINTENANCE .............................. 6,714 6,714

030 AIRCRAFT DEPOT MAINTENANCE .......................... 86,209 90,209

Navy unfunded requirement—Improve Afloat

Readiness .............................................................. [4,000 ]

040 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 389 389

050 AVIATION LOGISTICS .................................................. 10,189 10,189

070 SHIP OPERATIONS SUPPORT & TRAINING ........... 560 860

Navy unfunded requirement—Restore Fleet

Training ................................................................. [300 ]

090 COMBAT COMMUNICATIONS .................................... 13,173 13,173

100 COMBAT SUPPORT FORCES ...................................... 109,053 109,053

120 ENTERPRISE INFORMATION ..................................... 27,226 27,226

130 SUSTAINMENT, RESTORATION AND MOD-

ERNIZATION .............................................................. 27,571 28,671

Restore Sustainment shortfalls ............................... [1,100 ]

140 BASE OPERATING SUPPORT ..................................... 99,166 99,166

SUBTOTAL OPERATING FORCES .................. 906,440 911,840

ADMIN & SRVWD ACTIVITIES

150 ADMINISTRATION ........................................................ 1,351 1,351

160 MILITARY MANPOWER AND PERSONNEL MAN-

AGEMENT ................................................................... 13,251 13,251

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130 STAT. 2858 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

170 SERVICEWIDE COMMUNICATIONS ......................... 3,445 3,445

180 ACQUISITION AND PROGRAM MANAGEMENT ..... 3,169 3,169

SUBTOTAL ADMIN & SRVWD ACTIVITIES 21,216 21,216

UNDISTRIBUTED

200 UNDISTRIBUTED .......................................................... –26,600

Excessive standard price for fuel ............................ [–26,600 ]

SUBTOTAL UNDISTRIBUTED .......................... –26,600

TOTAL OPERATION & MAINTENANCE,

NAVY RES ....................................................... 927,656 906,456

OPERATION & MAINTENANCE, MC RESERVE

OPERATING FORCES

010 OPERATING FORCES ................................................... 94,154 94,154

020 DEPOT MAINTENANCE ............................................... 18,594 18,594

030 SUSTAINMENT, RESTORATION AND MOD-

ERNIZATION .............................................................. 25,470 26,170

Restore Sustainment shortfalls ............................... [700 ]

040 BASE OPERATING SUPPORT ..................................... 111,550 111,550

SUBTOTAL OPERATING FORCES .................. 249,768 250,468

ADMIN & SRVWD ACTIVITIES

050 SERVICEWIDE TRANSPORTATION ........................... 902 902

060 ADMINISTRATION ........................................................ 11,130 11,130

070 RECRUITING AND ADVERTISING ............................ 8,833 8,833

SUBTOTAL ADMIN & SRVWD ACTIVITIES 20,865 20,865

UNDISTRIBUTED

090 UNDISTRIBUTED .......................................................... –800

Excessive standard price for fuel ............................ [–800 ]

SUBTOTAL UNDISTRIBUTED .......................... –800

TOTAL OPERATION & MAINTENANCE,

MC RESERVE ................................................. 270,633 270,533

OPERATION & MAINTENANCE, AIR FORCE

OPERATING FORCES

010 PRIMARY COMBAT FORCES ...................................... 3,294,124 3,294,124

020 COMBAT ENHANCEMENT FORCES ......................... 1,682,045 1,684,845

HH–60 unfunded requirement ................................ [2,800 ]

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN

SKILLS) ........................................................................ 1,730,757 1,730,757

040 DEPOT MAINTENANCE ............................................... 7,042,988 7,156,064

Compass Call Program Restructure ....................... [–56,500 ]

Weapon system sustainment unfunded require-

ment ....................................................................... [169,576 ]

050 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 1,657,019 1,710,019

Restore Sustainment shortfalls ............................... [53,000 ]

060 BASE SUPPORT ............................................................. 2,787,216 2,787,216

070 GLOBAL C3I AND EARLY WARNING ........................ 887,831 927,831

Air Force unfunded requirement—Ground Based

Radars ................................................................... [40,000 ]

080 OTHER COMBAT OPS SPT PROGRAMS ................... 1,070,178 1,070,178

100 LAUNCH FACILITIES ................................................... 208,582 208,582

110 SPACE CONTROL SYSTEMS ....................................... 362,250 362,250

120 COMBATANT COMMANDERS DIRECT MISSION

SUPPORT ..................................................................... 907,245 907,245

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130 STAT. 2859 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

130 COMBATANT COMMANDERS CORE OPERATIONS 199,171 199,171

135 CLASSIFIED PROGRAMS ............................................. 930,757 930,757

SUBTOTAL OPERATING FORCES .................. 22,760,163 22,969,039

MOBILIZATION

140 AIRLIFT OPERATIONS ................................................. 1,703,059 1,703,059

150 MOBILIZATION PREPAREDNESS .............................. 138,899 138,899

160 DEPOT MAINTENANCE ............................................... 1,553,439 1,619,863

Weapon system sustainment unfunded require-

ment ....................................................................... [66,424 ]

170 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 258,328 266,628

Restore Sustainment shortfalls ............................... [8,300 ]

180 BASE SUPPORT ............................................................. 722,756 722,756

SUBTOTAL MOBILIZATION ............................. 4,376,481 4,451,205

TRAINING AND RECRUITING

190 OFFICER ACQUISITION .............................................. 120,886 120,886

200 RECRUIT TRAINING .................................................... 23,782 23,782

210 RESERVE OFFICERS TRAINING CORPS (ROTC) .... 77,692 77,692

220 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 236,254 243,854

Restore Sustainment shortfalls ............................... [7,600 ]

230 BASE SUPPORT ............................................................. 819,915 819,915

240 SPECIALIZED SKILL TRAINING ................................ 387,446 387,446

250 FLIGHT TRAINING ....................................................... 725,134 725,134

260 PROFESSIONAL DEVELOPMENT EDUCATION ..... 264,213 264,213

270 TRAINING SUPPORT .................................................... 86,681 86,681

280 DEPOT MAINTENANCE ............................................... 305,004 305,004

290 RECRUITING AND ADVERTISING ............................ 104,754 104,754

300 EXAMINING ................................................................... 3,944 3,944

310 OFF-DUTY AND VOLUNTARY EDUCATION ............ 184,841 184,841

320 CIVILIAN EDUCATION AND TRAINING .................. 173,583 173,583

330 JUNIOR ROTC ................................................................ 58,877 58,877

SUBTOTAL TRAINING AND RECRUITING .. 3,573,006 3,580,606

ADMIN & SRVWD ACTIVITIES

340 LOGISTICS OPERATIONS ............................................ 1,107,846 1,107,846

350 TECHNICAL SUPPORT ACTIVITIES ......................... 924,185 924,185

360 DEPOT MAINTENANCE ............................................... 48,778 48,778

370 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 321,013 331,313

Restore Sustainment shortfalls ............................... [10,300 ]

380 BASE SUPPORT ............................................................. 1,115,910 1,115,910

390 ADMINISTRATION ........................................................ 811,650 811,650

400 SERVICEWIDE COMMUNICATIONS ......................... 269,809 269,809

410 OTHER SERVICEWIDE ACTIVITIES ......................... 961,304 961,304

420 CIVIL AIR PATROL ....................................................... 25,735 28,535

Civil Air Patrol O&M Support ................................ [2,800 ]

450 INTERNATIONAL SUPPORT ....................................... 90,573 90,573

460 CLASSIFIED PROGRAMS ............................................. 1,131,603 1,131,603

SUBTOTAL ADMIN & SRVWD ACTIVITIES 6,808,406 6,821,506

UNDISTRIBUTED

470 UNDISTRIBUTED .......................................................... –484,700

Excessive standard price for fuel ............................ [–368,000 ]

Foreign Currency adjustments ............................... [–116,700 ]

SUBTOTAL UNDISTRIBUTED .......................... –484,700

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130 STAT. 2860 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

TOTAL OPERATION & MAINTENANCE,

AIR FORCE ..................................................... 37,518,056 37,337,656

OPERATION & MAINTENANCE, AF RESERVE

OPERATING FORCES

010 PRIMARY COMBAT FORCES ...................................... 1,707,882 1,707,882

020 MISSION SUPPORT OPERATIONS ............................ 230,016 230,016

030 DEPOT MAINTENANCE ............................................... 541,743 541,743

040 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 113,470 116,170

Restore Sustainment shortfalls ............................... [2,700 ]

050 BASE SUPPORT ............................................................. 384,832 384,832

SUBTOTAL OPERATING FORCES .................. 2,977,943 2,980,643

ADMINISTRATION AND SERVICEWIDE AC-

TIVITIES

060 ADMINISTRATION ........................................................ 54,939 54,939

070 RECRUITING AND ADVERTISING ............................ 14,754 14,754

080 MILITARY MANPOWER AND PERS MGMT (ARPC) 12,707 12,707

090 OTHER PERS SUPPORT (DISABILITY COMP) ......... 7,210 7,210

100 AUDIOVISUAL ............................................................... 376 376

SUBTOTAL ADMINISTRATION AND

SERVICEWIDE ACTIVITIES .......................... 89,986 89,986

UNDISTRIBUTED

110 UNDISTRIBUTED .......................................................... –59,700

Excessive standard price for fuel ............................ [–59,700 ]

SUBTOTAL UNDISTRIBUTED .......................... –59,700

TOTAL OPERATION & MAINTENANCE,

AF RESERVE .................................................. 3,067,929 3,010,929

OPERATION & MAINTENANCE, ANG

OPERATING FORCES

010 AIRCRAFT OPERATIONS ............................................. 3,282,238 3,278,238

Unjustifed growth .................................................... [–4,000 ]

020 MISSION SUPPORT OPERATIONS ............................ 723,062 723,062

030 DEPOT MAINTENANCE ............................................... 1,824,329 1,867,529

Weapon system sustainment engines unfunded

requirement ........................................................... [3,200 ]

Weapon system sustainment unfunded require-

ment ....................................................................... [40,000 ]

040 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 245,840 254,940

Restore Sustainment shortfalls ............................... [9,100 ]

050 BASE SUPPORT ............................................................. 575,548 575,548

SUBTOTAL OPERATING FORCES .................. 6,651,017 6,699,317

ADMINISTRATION AND SERVICE-WIDE AC-

TIVITIES

060 ADMINISTRATION ........................................................ 23,715 23,715

070 RECRUITING AND ADVERTISING ............................ 28,846 28,846

SUBTOTAL ADMINISTRATION AND SERV-

ICE-WIDE ACTIVITIES ................................... 52,561 52,561

UNDISTRIBUTED

080 UNDISTRIBUTED .......................................................... –117,700

Excessive standard price for fuel ............................ [–117,700 ]

SUBTOTAL UNDISTRIBUTED .......................... –117,700

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130 STAT. 2861 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

TOTAL OPERATION & MAINTENANCE,

ANG ................................................................... 6,703,578 6,634,178

OPERATION & MAINTENANCE, DEFENSE-

WIDE

OPERATING FORCES

010 JOINT CHIEFS OF STAFF ........................................... 506,113 506,113

020 OFFICE OF THE SECRETARY OF DEFENSE .......... 524,439 524,439

030 SPECIAL OPERATIONS COMMAND/OPERATING

FORCES ....................................................................... 4,898,159 4,889,359

Unjustified growth in total civilian compensation [–8,800 ]

SUBTOTAL OPERATING FORCES .................. 5,928,711 5,919,911

TRAINING AND RECRUITING

040 DEFENSE ACQUISITION UNIVERSITY .................... 138,658 138,658

050 JOINT CHIEFS OF STAFF ........................................... 85,701 85,701

070 SPECIAL OPERATIONS COMMAND/TRAINING

AND RECRUITING ..................................................... 365,349 365,349

SUBTOTAL TRAINING AND RECRUITING .. 589,708 589,708

ADMINISTRATION AND SERVICEWIDE AC-

TIVITIES

080 CIVIL MILITARY PROGRAMS ..................................... 160,480 195,819

National Guard Youth Challenge Program ........... [10,339 ]

STARBASE ............................................................... [25,000 ]

100 DEFENSE CONTRACT AUDIT AGENCY ................... 630,925 630,925

110 DEFENSE CONTRACT MANAGEMENT AGENCY ... 1,356,380 1,356,380

120 DEFENSE HUMAN RESOURCES ACTIVITY ............ 683,620 683,620

130 DEFENSE INFORMATION SYSTEMS AGENCY ....... 1,439,891 1,439,891

150 DEFENSE LEGAL SERVICES AGENCY .................... 24,984 24,984

160 DEFENSE LOGISTICS AGENCY ................................. 357,964 352,164

Price Comparability Office unjustified growth ...... [–5,800 ]

170 DEFENSE MEDIA ACTIVITY ....................................... 223,422 223,422

180 DEFENSE PERSONNEL ACCOUNTING AGENCY ... 112,681 112,681

190 DEFENSE SECURITY COOPERATION AGENCY ..... 496,754 621,754

Transfer from Drug Interdiction and Counter-

Drug Activities ...................................................... [125,000 ]

200 DEFENSE SECURITY SERVICE ................................. 538,711 538,711

230 DEFENSE TECHNOLOGY SECURITY ADMINIS-

TRATION ..................................................................... 35,417 35,417

240 DEFENSE THREAT REDUCTION AGENCY ............. 448,146 448,146

260 DEPARTMENT OF DEFENSE EDUCATION ACTIV-

ITY ................................................................................ 2,671,143 2,701,143

Impact Aid ................................................................ [25,000 ]

Impact Aid severe disabilities ................................. [5,000 ]

270 MISSILE DEFENSE AGENCY ...................................... 446,975 446,975

290 OFFICE OF ECONOMIC ADJUSTMENT ................... 155,399 136,199

Guam public health lab ........................................... [–19,200 ]

300 OFFICE OF THE SECRETARY OF DEFENSE .......... 1,481,643 1,487,293

BRAC 2017 Round Planning and Analyses ........... [–3,530 ]

CWMD Sustainment: Constellation program re-

duction ................................................................... [–3,800 ]

DOD rewards early to need ..................................... [–1,000 ]

Intelligence Management—program reduction ..... [–1,000 ]

Reeadiness environmental protection initiative .... [14,980 ]

310 SPECIAL OPERATIONS COMMAND/ADMIN &

SVC-WIDE ACTIVITIES ............................................ 89,429 89,429

320 WASHINGTON HEADQUARTERS SERVICES .......... 629,874 629,874

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130 STAT. 2862 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

330 CLASSIFIED PROGRAMS ............................................. 14,069,333 14,069,333

SUBTOTAL ADMINISTRATION AND

SERVICEWIDE ACTIVITIES .......................... 26,053,171 26,224,160

UNDISTRIBUTED

340 UNDISTRIBUTED .......................................................... –47,100

Excessive standard price for fuel ............................ [–17,800 ]

Foreign Currency adjustments ............................... [–34,300 ]

Temporary Duty Assignment Per Diem Rate

Waiver ................................................................... [5,000 ]

SUBTOTAL UNDISTRIBUTED .......................... –47,100

TOTAL OPERATION & MAINTENANCE,

DEFENSE-WIDE ............................................ 32,571,590 32,686,679

MISCELLANEOUS APPROPRIATIONS

010 US COURT OF APPEALS FOR THE ARMED

FORCES, DEFENSE ................................................... 14,194 14,194

020 OVERSEAS HUMANITARIAN, DISASTER AND

CIVIC AID .................................................................... 105,125 105,125

030 COOPERATIVE THREAT REDUCTION ..................... 325,604 325,604

050 ENVIRONMENTAL RESTORATION, ARMY .............. 170,167 170,167

060 ENVIRONMENTAL RESTORATION, NAVY .............. 281,762 281,762

070 ENVIRONMENTAL RESTORATION, AIR FORCE .... 371,521 371,521

080 ENVIRONMENTAL RESTORATION, DEFENSE ....... 9,009 9,009

090 ENVIRONMENTAL RESTORATION FORMERLY

USED SITES ................................................................ 197,084 197,084

SUBTOTAL MISCELLANEOUS APPROPRIA-

TIONS ................................................................... 1,474,466 1,474,466

TOTAL MISCELLANEOUS APPROPRIA-

TIONS ............................................................... 1,474,466 1,474,466

TOTAL OPERATION & MAINTENANCE .... 171,318,488 171,870,896

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTIN-

GENCY OPERATIONS.

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

OPERATION & MAINTENANCE, ARMY

OPERATING FORCES

010 MANEUVER UNITS ............................................................ 427,063 416,263

Army requested realignment (ERI) ............................. [–10,800 ]

040 THEATER LEVEL ASSETS ................................................ 1,834,423 1,834,423

050 LAND FORCES OPERATIONS SUPPORT ....................... 558,086 426,086

Army requested realignment (ERI) ............................. [–132,000 ]

060 AVIATION ASSETS ............................................................. 58,620 58,620

070 FORCE READINESS OPERATIONS SUPPORT .............. 1,552,468 1,550,468

Army requested realignment (ERI) ............................. [–2,000 ]

080 LAND FORCES SYSTEMS READINESS .......................... 476,853 476,853

100 BASE OPERATIONS SUPPORT ........................................ 45,749 45,749

140 ADDITIONAL ACTIVITIES ................................................ 8,234,566 8,234,566

150 COMMANDERS EMERGENCY RESPONSE PROGRAM 5,000 5,000

160 RESET ................................................................................... 1,100,722 1,100,722

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130 STAT. 2863 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

170 COMBATANT COMMANDS DIRECT MISSION SUP-

PORT ................................................................................. 79,568 79,568

SUBTOTAL OPERATING FORCES ....................... 14,373,118 14,228,318

MOBILIZATION

190 ARMY PREPOSITIONED STOCKS ................................... 350,200 130,000

Army requested realignment (ERI) ............................. [–220,200 ]

SUBTOTAL MOBILIZATION ................................... 350,200 130,000

ADMIN & SRVWIDE ACTIVITIES

350 SERVICEWIDE TRANSPORTATION ................................ 720,399 840,399

Army requested realignment (ERI) ............................. [120,000 ]

380 AMMUNITION MANAGEMENT ....................................... 13,974 13,974

420 OTHER PERSONNEL SUPPORT ...................................... 105,508 105,508

450 REAL ESTATE MANAGEMENT ....................................... 185,904 185,904

530 CLASSIFIED PROGRAMS .................................................. 909,278 909,278

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .. 1,935,063 2,055,063

TOTAL OPERATION & MAINTENANCE,

ARMY ..................................................................... 16,658,381 16,413,381

OPERATION & MAINTENANCE, ARMY RES

OPERATING FORCES

020 ECHELONS ABOVE BRIGADE ......................................... 6,252 6,252

040 LAND FORCES OPERATIONS SUPPORT ....................... 2,075 2,075

060 FORCE READINESS OPERATIONS SUPPORT .............. 1,140 1,140

090 BASE OPERATIONS SUPPORT ........................................ 14,653 14,653

SUBTOTAL OPERATING FORCES ....................... 24,120 24,120

TOTAL OPERATION & MAINTENANCE,

ARMY RES ............................................................ 24,120 24,120

OPERATION & MAINTENANCE, ARNG

OPERATING FORCES

010 MANEUVER UNITS ............................................................ 10,564 10,564

020 MODULAR SUPPORT BRIGADES .................................... 748 748

030 ECHELONS ABOVE BRIGADE ......................................... 5,751 5,751

040 THEATER LEVEL ASSETS ................................................ 200 200

060 AVIATION ASSETS ............................................................. 27,183 27,183

070 FORCE READINESS OPERATIONS SUPPORT .............. 2,741 2,741

100 BASE OPERATIONS SUPPORT ........................................ 18,800 18,800

120 MANAGEMENT AND OPERATIONAL HEAD-

QUARTERS ....................................................................... 920 920

SUBTOTAL OPERATING FORCES ....................... 66,907 66,907

TOTAL OPERATION & MAINTENANCE,

ARNG ..................................................................... 66,907 66,907

AFGHANISTAN SECURITY FORCES FUND

MINISTRY OF DEFENSE

010 SUSTAINMENT ................................................................... 2,173,341 2,173,341

020 INFRASTRUCTURE ............................................................ 48,262 48,262

030 EQUIPMENT AND TRANSPORTATION .......................... 821,716 821,716

040 TRAINING AND OPERATIONS ........................................ 289,139 289,139

SUBTOTAL MINISTRY OF DEFENSE .................. 3,332,458 3,332,458

MINISTRY OF INTERIOR

050 SUSTAINMENT ................................................................... 860,441 860,441

060 INFRASTRUCTURE ............................................................ 20,837 20,837

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130 STAT. 2864 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

070 EQUIPMENT AND TRANSPORTATION .......................... 8,153 8,153

080 TRAINING AND OPERATIONS ........................................ 41,326 41,326

SUBTOTAL MINISTRY OF INTERIOR ................ 930,757 930,757

TOTAL AFGHANISTAN SECURITY FORCES

FUND ..................................................................... 4,263,215 4,263,215

IRAQ TRAIN AND EQUIP FUND

010 IRAQ TRAIN AND EQUIP FUND ..................................... 919,500 0

Transfer to Counter-ISIL Fund ................................... [–919,500 ]

SUBTOTAL IRAQ TRAIN AND EQUIP FUND .... 919,500 0

TOTAL IRAQ TRAIN AND EQUIP FUND ........ 919,500 0

SYRIA TRAIN AND EQUIP FUND

010 SYRIA TRAIN AND EQUIP FUND ................................... 250,000 0

Transfer to Counter-ISIL Fund ................................... [–250,000 ]

SUBTOTAL SYRIA TRAIN AND EQUIP FUND .. 250,000 0

TOTAL SYRIA TRAIN AND EQUIP FUND ...... 250,000 0

COUNTER-ISIL FUND

010 COUNTER-ISIL FUND ....................................................... 1,169,500

Transfer from Iraq Train and Equip ........................... [919,500 ]

Transfer from Syria Train and Equip ......................... [250,000 ]

SUBTOTAL COUNTER-ISIL FUND ....................... 1,169,500

TOTAL COUNTER-ISIL FUND ........................... 1,169,500

OPERATION & MAINTENANCE, NAVY

OPERATING FORCES

010 MISSION AND OTHER FLIGHT OPERATIONS ............. 427,452 427,452

040 AIR OPERATIONS AND SAFETY SUPPORT .................. 4,603 4,603

050 AIR SYSTEMS SUPPORT ................................................... 159,049 159,049

060 AIRCRAFT DEPOT MAINTENANCE ............................... 113,994 113,994

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ................. 1,840 1,840

080 AVIATION LOGISTICS ....................................................... 35,529 35,529

090 MISSION AND OTHER SHIP OPERATIONS .................. 1,073,080 1,073,080

100 SHIP OPERATIONS SUPPORT & TRAINING ................ 17,306 17,306

110 SHIP DEPOT MAINTENANCE .......................................... 2,128,431 2,128,431

130 COMBAT COMMUNICATIONS ......................................... 21,257 21,257

160 WARFARE TACTICS ........................................................... 22,603 22,603

170 OPERATIONAL METEOROLOGY AND OCEANOG-

RAPHY .............................................................................. 22,934 22,934

180 COMBAT SUPPORT FORCES ........................................... 575,305 575,305

190 EQUIPMENT MAINTENANCE ......................................... 11,358 11,358

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ............... 61,000 61,000

260 WEAPONS MAINTENANCE .............................................. 309,045 309,045

270 OTHER WEAPON SYSTEMS SUPPORT .......................... 8,000 8,000

290 SUSTAINMENT, RESTORATION AND MODERNIZA-

TION .................................................................................. 7,819 7,819

300 BASE OPERATING SUPPORT .......................................... 61,493 61,493

SUBTOTAL OPERATING FORCES ....................... 5,062,098 5,062,098

MOBILIZATION

330 AIRCRAFT ACTIVATIONS/INACTIVATIONS ................. 1,530 1,530

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130 STAT. 2865 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

350 EXPEDITIONARY HEALTH SERVICES SYSTEMS ....... 6,713 6,713

370 COAST GUARD SUPPORT ................................................. 162,692 162,692

SUBTOTAL MOBILIZATION ................................... 170,935 170,935

TRAINING AND RECRUITING

410 SPECIALIZED SKILL TRAINING ..................................... 43,365 43,365

SUBTOTAL TRAINING AND RECRUITING ....... 43,365 43,365

ADMIN & SRVWD ACTIVITIES

490 ADMINISTRATION ............................................................. 3,764 3,764

500 EXTERNAL RELATIONS ................................................... 515 515

520 MILITARY MANPOWER AND PERSONNEL MANAGE-

MENT ................................................................................ 5,409 5,409

530 OTHER PERSONNEL SUPPORT ...................................... 1,578 1,578

570 SERVICEWIDE TRANSPORTATION ................................ 126,700 126,700

600 ACQUISITION AND PROGRAM MANAGEMENT .......... 9,261 9,261

640 NAVAL INVESTIGATIVE SERVICE ................................. 1,501 1,501

730 CLASSIFIED PROGRAMS .................................................. 16,280 16,280

SUBTOTAL ADMIN & SRVWD ACTIVITIES ....... 165,008 165,008

TOTAL OPERATION & MAINTENANCE,

NAVY ...................................................................... 5,441,406 5,441,406

OPERATION & MAINTENANCE, MARINE CORPS

OPERATING FORCES

010 OPERATIONAL FORCES ................................................... 571,935 571,935

020 FIELD LOGISTICS .............................................................. 266,094 266,094

030 DEPOT MAINTENANCE .................................................... 147,000 147,000

060 BASE OPERATING SUPPORT .......................................... 18,576 18,576

SUBTOTAL OPERATING FORCES ....................... 1,003,605 1,003,605

TRAINING AND RECRUITING

110 TRAINING SUPPORT ......................................................... 31,750 31,750

SUBTOTAL TRAINING AND RECRUITING ....... 31,750 31,750

ADMIN & SRVWD ACTIVITIES

150 SERVICEWIDE TRANSPORTATION ................................ 73,800 73,800

200 CLASSIFIED PROGRAMS .................................................. 3,650 3,650

SUBTOTAL ADMIN & SRVWD ACTIVITIES ....... 77,450 77,450

TOTAL OPERATION & MAINTENANCE, MA-

RINE CORPS ....................................................... 1,112,805 1,112,805

OPERATION & MAINTENANCE, NAVY RES

OPERATING FORCES

030 AIRCRAFT DEPOT MAINTENANCE ............................... 16,500 16,500

050 AVIATION LOGISTICS ....................................................... 2,522 2,522

100 COMBAT SUPPORT FORCES ........................................... 7,243 7,243

SUBTOTAL OPERATING FORCES ....................... 26,265 26,265

TOTAL OPERATION & MAINTENANCE,

NAVY RES ............................................................ 26,265 26,265

OPERATION & MAINTENANCE, MC RESERVE

OPERATING FORCES

010 OPERATING FORCES ........................................................ 2,500 2,500

040 BASE OPERATING SUPPORT .......................................... 804 804

SUBTOTAL OPERATING FORCES ....................... 3,304 3,304

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130 STAT. 2866 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

TOTAL OPERATION & MAINTENANCE, MC

RESERVE .............................................................. 3,304 3,304

OPERATION & MAINTENANCE, AIR FORCE

OPERATING FORCES

010 PRIMARY COMBAT FORCES ............................................ 1,852,159 1,890,159

Enhancing readiness levels of DCA aircraft ............... [10,000 ]

ERI nuclear readiness .................................................. [28,000 ]

020 COMBAT ENHANCEMENT FORCES ............................... 1,127,319 1,127,319

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN

SKILLS) ............................................................................. 152,278 152,278

040 DEPOT MAINTENANCE .................................................... 1,061,506 1,087,106

Compass Call Program Restructure ............................ [25,600 ]

050 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION .................................................................... 56,700 56,700

060 BASE SUPPORT .................................................................. 941,714 941,714

070 GLOBAL C3I AND EARLY WARNING ............................. 30,219 30,219

080 OTHER COMBAT OPS SPT PROGRAMS ......................... 213,696 218,696

Promoting additional DCA burden sharing ................ [5,000 ]

100 LAUNCH FACILITIES ........................................................ 869 869

110 SPACE CONTROL SYSTEMS ............................................ 5,008 5,008

120 COMBATANT COMMANDERS DIRECT MISSION SUP-

PORT ................................................................................. 100,081 100,081

135 CLASSIFIED PROGRAMS .................................................. 79,893 79,893

SUBTOTAL OPERATING FORCES ....................... 5,621,442 5,690,042

MOBILIZATION

140 AIRLIFT OPERATIONS ...................................................... 2,606,729 2,606,729

150 MOBILIZATION PREPAREDNESS ................................... 108,163 108,163

160 DEPOT MAINTENANCE .................................................... 891,102 891,102

180 BASE SUPPORT .................................................................. 3,686 3,686

SUBTOTAL MOBILIZATION ................................... 3,609,680 3,609,680

TRAINING AND RECRUITING

230 BASE SUPPORT .................................................................. 52,740 52,740

240 SPECIALIZED SKILL TRAINING ..................................... 4,500 4,500

SUBTOTAL TRAINING AND RECRUITING ....... 57,240 57,240

ADMIN & SRVWD ACTIVITIES

340 LOGISTICS OPERATIONS ................................................. 86,716 86,716

380 BASE SUPPORT .................................................................. 59,133 59,133

400 SERVICEWIDE COMMUNICATIONS .............................. 165,348 165,348

410 OTHER SERVICEWIDE ACTIVITIES .............................. 141,883 116,825

Program reduction ........................................................ [–25,058 ]

450 INTERNATIONAL SUPPORT ............................................ 61 61

460 CLASSIFIED PROGRAMS .................................................. 15,823 15,823

SUBTOTAL ADMIN & SRVWD ACTIVITIES ....... 468,964 443,906

TOTAL OPERATION & MAINTENANCE, AIR

FORCE ................................................................... 9,757,326 9,800,868

OPERATION & MAINTENANCE, AF RESERVE

OPERATING FORCES

030 DEPOT MAINTENANCE .................................................... 51,086 51,086

050 BASE SUPPORT .................................................................. 6,500 6,500

SUBTOTAL OPERATING FORCES ....................... 57,586 57,586

TOTAL OPERATION & MAINTENANCE, AF

RESERVE .............................................................. 57,586 57,586

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130 STAT. 2867 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

OPERATION & MAINTENANCE, ANG

OPERATING FORCES

020 MISSION SUPPORT OPERATIONS .................................. 3,400 3,400

050 BASE SUPPORT .................................................................. 16,600 16,600

SUBTOTAL OPERATING FORCES ....................... 20,000 20,000

TOTAL OPERATION & MAINTENANCE, ANG 20,000 20,000

OPERATION & MAINTENANCE, DEFENSE-WIDE

OPERATING FORCES

010 JOINT CHIEFS OF STAFF ................................................ 10,000

Enhancing exercise of DCA aircraft ............................ [10,000 ]

030 SPECIAL OPERATIONS COMMAND/OPERATING

FORCES ............................................................................ 2,853,363 2,853,363

SUBTOTAL OPERATING FORCES ....................... 2,853,363 2,863,363

ADMINISTRATION AND SERVICEWIDE ACTIVI-

TIES

100 DEFENSE CONTRACT AUDIT AGENCY ........................ 13,436 13,436

110 DEFENSE CONTRACT MANAGEMENT AGENCY ........ 13,564 13,564

130 DEFENSE INFORMATION SYSTEMS AGENCY ............ 34,299 34,299

150 DEFENSE LEGAL SERVICES AGENCY .......................... 111,986 111,986

170 DEFENSE MEDIA ACTIVITY ............................................ 13,317 13,317

190 DEFENSE SECURITY COOPERATION AGENCY .......... 1,412,000 2,162,000

Transfer from Counterterrorism Partnership Fund ... [750,000 ]

260 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 67,000 67,000

300 OFFICE OF THE SECRETARY OF DEFENSE ................ 31,106 31,106

320 WASHINGTON HEADQUARTERS SERVICES ............... 3,137 3,137

330 CLASSIFIED PROGRAMS .................................................. 1,803,880 1,803,880

SUBTOTAL ADMINISTRATION AND

SERVICEWIDE ACTIVITIES ............................... 3,503,725 4,253,725

TOTAL OPERATION & MAINTENANCE, DE-

FENSE-WIDE ....................................................... 6,357,088 7,117,088

TOTAL OPERATION & MAINTENANCE ......... 44,957,903 45,516,445

SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTIN-

GENCY OPERATIONS FOR BASE REQUIREMENTS.

SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR

BASE REQUIREMENTS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

OPERATION & MAINTENANCE, ARMY

OPERATING FORCES

010 MANEUVER UNITS ............................................................ 317,093 317,093

020 MODULAR SUPPORT BRIGADES .................................... 5,904 5,904

030 ECHELONS ABOVE BRIGADE ......................................... 38,614 38,614

040 THEATER LEVEL ASSETS ................................................ 8,361 8,361

050 LAND FORCES OPERATIONS SUPPORT ....................... 279,072 279,072

060 AVIATION ASSETS ............................................................. 106,424 106,424

070 FORCE READINESS OPERATIONS SUPPORT .............. 253,533 253,533

090 LAND FORCES DEPOT MAINTENANCE ........................ 350,000 350,000

110 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION .................................................................... 113,800

Increase Restoration & Modernization funding .......... [113,800 ]

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130 STAT. 2868 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR

BASE REQUIREMENTS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

140 ADDITIONAL ACTIVITIES ................................................ 11,200 11,200

SUBTOTAL OPERATING FORCES ....................... 1,370,201 1,484,001

TRAINING AND RECRUITING

250 SPECIALIZED SKILL TRAINING ..................................... 3,565 3,565

270 PROFESSIONAL DEVELOPMENT EDUCATION ........... 9,021 9,021

280 TRAINING SUPPORT ......................................................... 2,434 2,434

290 RECRUITING AND ADVERTISING .................................. 284,800

Recruiting and Advertising Add .................................. [284,800 ]

320 CIVILIAN EDUCATION AND TRAINING ....................... 1,254 1,254

SUBTOTAL TRAINING AND RECRUITING ....... 16,274 301,074

ADMIN & SRVWIDE ACTIVITIES

350 SERVICEWIDE TRANSPORTATION ................................ 200,000 200,000

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .. 200,000 200,000

UNDISTRIBUTED

540 UNDISTRIBUTED ............................................................... 563,400

Additional funding to support increase in Army end

strength ...................................................................... [563,400 ]

SUBTOTAL UNDISTRIBUTED ............................... 563,400

TOTAL OPERATION & MAINTENANCE,

ARMY ..................................................................... 1,586,475 2,548,475

OPERATION & MAINTENANCE, ARMY RES

OPERATING FORCES

010 MODULAR SUPPORT BRIGADES .................................... 708 708

020 ECHELONS ABOVE BRIGADE ......................................... 8,570 8,570

030 THEATER LEVEL ASSETS ................................................ 375 375

040 LAND FORCES OPERATIONS SUPPORT ....................... 13 13

050 AVIATION ASSETS ............................................................. 608 608

060 FORCE READINESS OPERATIONS SUPPORT .............. 4,285 4,285

100 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION .................................................................... 13,100

Increase Restoration & Modernization funding .......... [13,100 ]

SUBTOTAL OPERATING FORCES ....................... 14,559 27,659

UNDISTRIBUTED

180 UNDISTRIBUTED ............................................................... 82,700

Additional funding to support increase in Army Re-

serve end strength ..................................................... [82,700 ]

SUBTOTAL UNDISTRIBUTED ............................... 82,700

TOTAL OPERATION & MAINTENANCE,

ARMY RES ............................................................ 14,559 110,359

OPERATION & MAINTENANCE, ARNG

OPERATING FORCES

010 MANEUVER UNITS ............................................................ 5,585 5,585

030 ECHELONS ABOVE BRIGADE ......................................... 28,956 28,956

040 THEATER LEVEL ASSETS ................................................ 10,272 10,272

060 AVIATION ASSETS ............................................................. 5,621 5,621

070 FORCE READINESS OPERATIONS SUPPORT .............. 9,694 9,694

110 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION .................................................................... 1,500

Increase Restoration & Modernization funding .......... [1,500 ]

SUBTOTAL OPERATING FORCES ....................... 60,128 61,628

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130 STAT. 2869 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR

BASE REQUIREMENTS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

UNDISTRIBUTED

190 UNDISTRIBUTED ............................................................... 127,300

Additional funding to support increase in Army Na-

tional Guard end strength ........................................ [127,300 ]

SUBTOTAL UNDISTRIBUTED ............................... 127,300

TOTAL OPERATION & MAINTENANCE,

ARNG ..................................................................... 60,128 188,928

OPERATION & MAINTENANCE, NAVY

OPERATING FORCES

010 MISSION AND OTHER FLIGHT OPERATIONS ............. 500,000 500,000

110 SHIP DEPOT MAINTENANCE .......................................... 775,000 775,000

290 SUSTAINMENT, RESTORATION AND MODERNIZA-

TION .................................................................................. 19,270 45,370

Increase Restoration & Modernization funding .......... [26,100 ]

300 BASE OPERATING SUPPORT .......................................... 158,032 158,032

SUBTOTAL OPERATING FORCES ....................... 1,452,302 1,478,402

MOBILIZATION

350 EXPEDITIONARY HEALTH SERVICES SYSTEMS ....... 3,597 3,597

SUBTOTAL MOBILIZATION ................................... 3,597 3,597

ADMIN & SRVWD ACTIVITIES

540 SERVICEWIDE COMMUNICATIONS .............................. 25,617 25,617

SUBTOTAL ADMIN & SRVWD ACTIVITIES ....... 25,617 25,617

TOTAL OPERATION & MAINTENANCE,

NAVY ...................................................................... 1,481,516 1,507,616

OPERATION & MAINTENANCE, MARINE CORPS

OPERATING FORCES

010 OPERATIONAL FORCES ................................................... 300,000 300,000

050 SUSTAINMENT, RESTORATION & MODERNIZATION 7,200

Increase Restoration & Modernization funding .......... [7,200 ]

SUBTOTAL OPERATING FORCES ....................... 300,000 307,200

TOTAL OPERATION & MAINTENANCE, MA-

RINE CORPS ....................................................... 300,000 307,200

OPERATION & MAINTENANCE, NAVY RES

OPERATING FORCES

130 SUSTAINMENT, RESTORATION AND MODERNIZA-

TION .................................................................................. 500

Increase Restoration & Modernization funding .......... [500 ]

SUBTOTAL OPERATING FORCES ....................... 500

TOTAL OPERATION & MAINTENANCE,

NAVY RES ............................................................ 500

OPERATION & MAINTENANCE, MC RESERVE

OPERATING FORCES

030 SUSTAINMENT, RESTORATION AND MODERNIZA-

TION .................................................................................. 1,000

Increase Restoration & Modernization funding .......... [1,000 ]

SUBTOTAL OPERATING FORCES ....................... 1,000

TOTAL OPERATION & MAINTENANCE, MC

RESERVE .............................................................. 1,000

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130 STAT. 2870 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR

BASE REQUIREMENTS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

OPERATION & MAINTENANCE, AIR FORCE

OPERATING FORCES

040 DEPOT MAINTENANCE .................................................... 124,000 124,000

050 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION .................................................................... 32,900

Increase Restoration & Modernization funding .......... [32,900 ]

SUBTOTAL OPERATING FORCES ....................... 124,000 156,900

MOBILIZATION

170 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION .................................................................... 5,100

Increase Restoration & Modernization funding .......... [5,100 ]

SUBTOTAL MOBILIZATION ................................... 5,100

TRAINING AND RECRUITING

220 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION .................................................................... 4,700

Increase Restoration & Modernization funding .......... [4,700 ]

SUBTOTAL TRAINING AND RECRUITING ....... 4,700

ADMIN & SRVWD ACTIVITIES

370 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION .................................................................... 6,400

Increase Restoration & Modernization funding .......... [6,400 ]

SUBTOTAL ADMIN & SRVWD ACTIVITIES ....... 6,400

TOTAL OPERATION & MAINTENANCE, AIR

FORCE ................................................................... 124,000 173,100

OPERATION & MAINTENANCE, AF RESERVE

OPERATING FORCES

040 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION .................................................................... 1,600

Increase Restoration & Modernization funding .......... [1,600 ]

SUBTOTAL OPERATING FORCES ....................... 1,600

TOTAL OPERATION & MAINTENANCE, AF

RESERVE .............................................................. 1,600

OPERATION & MAINTENANCE, ANG

OPERATING FORCES

040 FACILITIES SUSTAINMENT, RESTORATION & MOD-

ERNIZATION .................................................................... 4,300

Increase Restoration & Modernization funding .......... [4,300 ]

SUBTOTAL OPERATING FORCES ....................... 4,300

TOTAL OPERATION & MAINTENANCE, ANG 4,300

OPERATION & MAINTENANCE, DEFENSE-WIDE

OPERATING FORCES

030 SPECIAL OPERATIONS COMMAND/OPERATING

FORCES ............................................................................ 14,344 14,344

SUBTOTAL OPERATING FORCES ....................... 14,344 14,344

ADMINISTRATION AND SERVICEWIDE ACTIVI-

TIES

130 DEFENSE INFORMATION SYSTEMS AGENCY ............ 14,700 14,700

330 CLASSIFIED PROGRAMS .................................................. 9,000 9,000

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130 STAT. 2871 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS FOR

BASE REQUIREMENTS

(In Thousands of Dollars)

Line Item

FY 2017

Request

Conference

Authorized

SUBTOTAL ADMINISTRATION AND

SERVICEWIDE ACTIVITIES ............................... 23,700 23,700

TOTAL OPERATION & MAINTENANCE, DE-

FENSE-WIDE ....................................................... 38,044 38,044

TOTAL OPERATION & MAINTENANCE ......... 3,604,722 4,881,122

TITLE XLIV—MILITARY PERSONNEL

SEC. 4401. MILITARY PERSONNEL.

SEC. 4401. MILITARY PERSONNEL

(In Thousands of Dollars)

Item

FY 2017

Request

Conference

Authorized

Military Personnel Appropriations ....................................... 128,902,332 128,202,564

Military Personnel Pay Raise ....................................................... [330,000 ]

Marine Corps—Bonus Pay/PCS Resotral/Foreign Language

Bonus .......................................................................................... [49,000 ]

Foreign currency adjustments ...................................................... [–200,400 ]

Historical unobligated balances ................................................... [–880,050 ]

National Guard State Partnership Program, Army, Special

Training ...................................................................................... [841 ]

National Guard State Partnership Program, Air Force, Special

Training ...................................................................................... [841 ]

Medicare-Eligible Retiree Health Fund Contributions .... 6,366,908 6,366,908

Total, Military Personnel .................................................. 135,269,240 134,569,472

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY

OPERATIONS.

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Item

FY 2017

Request

Conference

Authorized

Military Personnel Appropriations ....................................... 3,644,161 3,644,161

Total, Military Personnel Appropriations .................... 3,644,161 3,644,161

SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY

OPERATIONS FOR BASE REQUIREMENTS.

SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE RE-

QUIREMENTS

(In Thousands of Dollars)

Item

FY 2017

Request

Conference

Authorized

Military Personnel Appropriations ....................................... 62,965 1,350,465

Fund Active Army End Strength to 476k .................................... [719,000 ]

Fund Army National Guard End Strength to 343k .................... [129,600 ]

Fund Army Reserves End Strength to 199k ............................... [53,300 ]

Fund Active Navy End Strength to 323.9k ................................. [29,600 ]

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130 STAT. 2872 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE RE-

QUIREMENTS

(In Thousands of Dollars)

Item

FY 2017

Request

Conference

Authorized

Fund Active Air Force End Strength to 321k ............................. [116,000 ]

Fund Active Marine Corps End Strength to 185k ...................... [240,000 ]

Total, Military Personnel .................................................. 62,965 1,350,465

TITLE XLV—OTHER AUTHORIZATIONS

SEC. 4501. OTHER AUTHORIZATIONS.

SEC. 4501. OTHER AUTHORIZATIONS

(In Thousands of Dollars)

Program Title

FY 2017

Request

Conference

Authorized

WORKING CAPITAL FUND, ARMY

SUPPLY MANAGEMENT—ARMY ............................................. 56,469 56,469

TOTAL WORKING CAPITAL FUND, ARMY ................ 56,469 56,469

WORKING CAPITAL FUND, AIR FORCE

SUPPLIES AND MATERIALS ..................................................... 63,967 63,967

TOTAL WORKING CAPITAL FUND, AIR FORCE ..... 63,967 63,967

WORKING CAPITAL FUND, DEFENSE-WIDE

SUPPLY CHAIN MANAGEMENT—DEF ................................... 37,132 37,132

TOTAL WORKING CAPITAL FUND, DEFENSE-

WIDE ................................................................................... 37,132 37,132

WORKING CAPITAL FUND, DECA

COMMISSARY .............................................................................. 1,214,045 1,214,045

TOTAL WORKING CAPITAL FUND, DECA ................ 1,214,045 1,214,045

CHEM AGENTS & MUNITIONS DESTRUCTION

OPERATION & MAINTENANCE ............................................... 147,282 147,282

RDT&E ........................................................................................... 388,609 388,609

PROCUREMENT .......................................................................... 15,132 15,132

TOTAL CHEM AGENTS & MUNITIONS DESTRUC-

TION ................................................................................... 551,023 551,023

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF

DRUG INTERDICTION AND COUNTER-DRUG ACTIVI-

TIES, DEFENSE ........................................................................ 730,087 605,087

Transfer to Defense Security Cooperation Agency ...... [–125,000 ]

DRUG DEMAND REDUCTION PROGRAM .............................. 114,713 114,713

TOTAL DRUG INTERDICTION & CTR-DRUG AC-

TIVITIES, DEF ................................................................. 844,800 719,800

OFFICE OF THE INSPECTOR GENERAL

OPERATION AND MAINTENANCE .......................................... 318,882 318,882

RDT&E ........................................................................................... 3,153 3,153

TOTAL OFFICE OF THE INSPECTOR GENERAL .... 322,035 322,035

DEFENSE HEALTH PROGRAM

OPERATION & MAINTENANCE

IN-HOUSE CARE .......................................................................... 9,240,160 9,240,160

PRIVATE SECTOR CARE ............................................................ 15,738,759 15,738,759

CONSOLIDATED HEALTH SUPPORT ...................................... 2,367,759 2,367,759

INFORMATION MANAGEMENT ............................................... 1,743,749 1,743,749

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130 STAT. 2873 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4501. OTHER AUTHORIZATIONS

(In Thousands of Dollars)

Program Title

FY 2017

Request

Conference

Authorized

MANAGEMENT ACTIVITIES ..................................................... 311,380 311,380

EDUCATION AND TRAINING ................................................... 743,231 743,231

BASE OPERATIONS/COMMUNICATIONS ............................... 2,086,352 2,086,352

SUBTOTAL OPERATION & MAINTENANCE ............. 32,231,390 32,231,390

RDT&E

RESEARCH ................................................................................... 9,097 9,097

EXPLORATRY DEVELOPMENT ................................................ 58,517 58,517

ADVANCED DEVELOPMENT .................................................... 221,226 221,226

DEMONSTRATION/VALIDATION ............................................. 96,602 96,602

ENGINEERING DEVELOPMENT .............................................. 364,057 364,057

MANAGEMENT AND SUPPORT ................................................ 58,410 58,410

CAPABILITIES ENHANCEMENT .............................................. 14,998 14,998

SUBTOTAL RDT&E ........................................................... 822,907 822,907

PROCUREMENT

INITIAL OUTFITTING ................................................................ 20,611 20,611

REPLACEMENT & MODERNIZATION ..................................... 360,727 360,727

JOINT OPERATIONAL MEDICINE INFORMATION SYS-

TEM ............................................................................................ 2,413 2,413

DOD HEALTHCARE MANAGEMENT SYSTEM MOD-

ERNIZATION ............................................................................. 29,468 29,468

SUBTOTAL PROCUREMENT ......................................... 413,219 413,219

UNDISTRIBUTED

Historical unobligated balances .................................... [–399,100 ]

Reduction for unjustified travel expenses .................... [–6,500 ]

Reimbursement rates for Comprehensive Autism

Care Demonstration program ..................................... [32,000 ]

SUBTOTAL UNDISTRIBUTED ....................................... –373,600

TOTAL DEFENSE HEALTH PROGRAM ...................... 33,467,516 33,093,916

TOTAL OTHER AUTHORIZATIONS ............................. 36,556,987 36,058,387

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY

OPERATIONS.

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Program Title

FY 2017

Request

Conference

Authorized

WORKING CAPITAL FUND, ARMY

INDUSTRIAL OPERATIONS

SUPPLY MANAGEMENT—ARMY ............................................. 46,833 46,833

TOTAL WORKING CAPITAL FUND, ARMY ................ 46,833 46,833

WORKING CAPITAL FUND, DEFENSE-WIDE

DEFENSE LOGISTICS AGENCY (DLA) .................................... 93,800 93,800

TOTAL WORKING CAPITAL FUND, DEFENSE-

WIDE ................................................................................... 93,800 93,800

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF

DRUG INTERDICTION AND COUNTER-DRUG ACTIVI-

TIES, DEFENSE ........................................................................ 191,533 191,533

TOTAL DRUG INTERDICTION & CTR-DRUG AC-

TIVITIES, DEF ................................................................. 191,533 191,533

OFFICE OF THE INSPECTOR GENERAL

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130 STAT. 2874 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Program Title

FY 2017

Request

Conference

Authorized

OPERATION AND MAINTENANCE .......................................... 22,062 22,062

TOTAL OFFICE OF THE INSPECTOR GENERAL .... 22,062 22,062

DEFENSE HEALTH PROGRAM

OPERATION AND MAINTENANCE

IN-HOUSE CARE .......................................................................... 95,366 95,366

PRIVATE SECTOR CARE ............................................................ 235,620 235,620

CONSOLIDATED HEALTH SUPPORT ...................................... 3,325 3,325

SUBTOTAL OPERATION AND MAINTENANCE ....... 334,311 334,311

TOTAL DEFENSE HEALTH PROGRAM ...................... 334,311 334,311

UKRAINE SECURITY ASSISTANCE

UKRAINE SECURITY ASSISTANCE ......................................... 350,000

Program increase ........................................................... [350,000 ]

TOTAL UKRAINE SECURITY ASSISTANCE .............. 350,000

COUNTERTERRORISM PARTNERSHIPS FUND

COUNTERTERRORISM PARTNERSHIPS FUND .................... 1,000,000 0

Program decrease ........................................................... [–250,000 ]

Transfer to Counter-ISIL Fund .................................... [–750,000 ]

TOTAL COUNTERTERRORISM PARTNERSHIPS

FUND .................................................................................. 1,000,000 0

TOTAL OTHER AUTHORIZATIONS ............................. 1,688,539 1,038,539

SEC. 4503. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY

OPERATIONS FOR BASE REQUIREMENTS.

SEC. 4503. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE

REQUIREMENTS

(In Thousands of Dollars)

Program Title

FY 2017

Request

Conference

Authorized

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF

DRUG INTERDICTION AND COUNTER-DRUG ACTIVI-

TIES, DEFENSE ........................................................................ 23,800 23,800

TOTAL DRUG INTERDICTION & CTR-DRUG AC-

TIVITIES, DEF ................................................................. 23,800 23,800

TOTAL OTHER AUTHORIZATIONS ............................. 23,800 23,800

TITLE XLVI—MILITARY CONSTRUCTION

SEC. 4601. MILITARY CONSTRUCTION.

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

Alaska

Army Fort Wainwright Unmanned Aerial Vehicle Hangar .......... 47,000 47,000

California

Army Concord Access Control Point ................................. 12,600 12,600

Colorado

Army Fort Carson Automated Infantry Platoon Battle

Course.

8,100 8,100

Army Fort Carson Unmanned Aerial Vehicle Hangar .......... 5,000 5,000

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130 STAT. 2875 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

Cuba

Army Guantanamo Bay Guantanamo Bay Naval Station Migra-

tion Complex.

33,000 33,000

Georgia

Army Fort Gordon Access Control Point ................................. 0 0

Army Fort Gordon Company Operations Facility .................. 0 10,600

Army Fort Gordon Cyber Protection Team Ops Facility ....... 90,000 90,000

Army Fort Stewart Automated Qualification/Training Range 14,800 14,800

Germany

Army East Camp

Grafenwoehr

Training Support Center .......................... 22,000 22,000

Army Garmisch Dining Facility .......................................... 9,600 9,600

Army Wiesbaden Army

Airfield

Controlled Humidity Warehouse ............. 16,500 16,500

Army Wiesbaden Army

Airfield

Hazardous Material Storage Building .... 2,700 2,700

Hawaii

Army Fort Shafter Command and Control Facility, Incr 2 ... 40,000 40,000

Missouri

Army Fort Leonard

Wood

Fire Station ............................................... 0 6,900

Texas

Army Fort Hood Automated Infantry Platoon Battle

Course.

7,600 7,600

Utah

Army Camp Williams Live Fire Exercise Shoothouse ................. 7,400 7,400

Virginia

Army Fort Belvoir Secure Admin/Operations Facility, Incr 2 64,000 64,000

Army Fort Belvoir Vehicle Maintenance Shop ....................... 0 23,000

Worldwide Unspec-

ified

Army Unspecified

Worldwide Lo-

cations

Host Nation Support FY17 ...................... 18,000 18,000

Army Unspecified

Worldwide Lo-

cations

Minor Construction FY17 ......................... 25,000 35,000

Army Unspecified

Worldwide Lo-

cations

Planning and Design FY17 ...................... 80,159 80,159

Military Construction, Army Total .............................................................. 503,459 553,959

Arizona

Navy Yuma VMX–22 Maintenance Hangar ................ 48,355 48,355

California

Navy Coronado Coastal Campus Entry Control Point ..... 13,044 13,044

Navy Coronado Coastal Campus Utilities Infrastructure 81,104 81,104

Navy Coronado Grace Hopper Data Center Power Up-

grades.

10,353 10,353

Navy Lemoore F–35C Engine Repair Facility ................. 26,723 26,723

Navy Miramar Aircraft Maintenance Hangar, Incr 1 ..... 0 79,399

Navy Miramar Communications Complex & Infrastruc-

ture Upgrade.

0 34,700

Navy Miramar F–35 Aircraft Parking Apron ................... 0 40,000

Navy San Diego Energy Security Hospital Microgrid ........ 6,183 0

Navy Seal Beach Missile Magazines ..................................... 21,007 21,007

Florida

Navy Eglin AFB WMD Field Training Facilities ................ 20,489 20,489

Navy Mayport NS Advanced Wastewater Treatment Plant 0 0

Navy Pensacola A-School Dormitory ................................... 0 0

Guam

Navy Joint Region Mar-

ianas

Hardening of Guam POL Infrastructure 26,975 26,975

Navy Joint Region Mar-

ianas

Power Upgrade—Harmon ........................ 62,210 62,210

Hawaii

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130 STAT. 2876 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

Navy Barking Sands Upgrade Power Plant & Electrical

Distrib Sys.

43,384 43,384

Navy Kaneohe Bay Regimental Consolidated Comm/Elec Fa-

cility.

72,565 72,565

Japan

Navy Kadena AB Aircraft Maintenance Complex ................ 26,489 26,489

Navy Sasebo Shore Power (Juliet Pier) ......................... 16,420 16,420

Maine

Navy Kittery Unaccompanied Housing .......................... 17,773 17,773

Navy Kittery Utility Improvements for Nuclear Plat-

forms.

30,119 30,119

Maryland

Navy Patuxent River UCLASS RDT&E Hangar ........................ 40,576 40,576

Nevada

Navy Fallon Air Wing Simulator Facility .................... 13,523 13,523

North Carolina

Navy Camp Lejeune Range Facilities Safety Improvements ... 18,482 18,482

Navy Cherry Point Central Heating Plant Conversion .......... 12,515 12,515

South Carolina

Navy Beaufort Aircraft Maintenance Hangar .................. 83,490 83,490

Navy Parris Island Recruit Reconditioning Center & Bar-

racks.

29,882 29,882

Spain

Navy Rota Communication Station ............................ 23,607 23,607

Virginia

Navy Norfolk Chambers Field Magazine Recap Ph I .... 0 27,000

Washington

Navy Bangor SEAWOLF Class Service Pier ................. 0 73,000

Navy Bangor Service Pier Electrical Upgrades ............. 18,939 18,939

Navy Bangor Submarine Refit Maint Support Facility 21,476 21,476

Navy Bremerton Nuclear Repair Facility ............................ 6,704 6,704

Navy Whidbey Island EA–18G Maintenance Hangar ................. 45,501 45,501

Navy Whidbey Island Triton Mission Control Facility ............... 30,475 30,475

Worldwide Unspec-

ified

Navy Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 88,230 88,230

Navy Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 29,790 29,790

Navy Various World-

wide Locations

Triton Forward Operating Base Hangar 41,380 41,380

Military Construction, Navy Total .............................................................. 1,027,763 1,275,679

Alabama

AF Maxwell AFB Jag School Expansion ............................... 0 15,500

Alaska

AF Clear AFS Fire Station ............................................... 20,000 20,000

AF Eielson AFB F–35A ADAL Field Training Detach-

ment Fac.

22,100 22,100

AF Eielson AFB F–35A Aircraft Weather Shelter (Sqd 2) 82,300 82,300

AF Eielson AFB F–35A Aircraft Weather Shelters (Sqd 1) 79,500 79,500

AF Eielson AFB F–35A Earth Covered Magazines ............ 11,300 11,300

AF Eielson AFB F–35A Hangar/Propulsion MX/Dispatch 44,900 44,900

AF Eielson AFB F–35A Hangar/Squad Ops/AMU Sq #2 ... 42,700 42,700

AF Eielson AFB F–35A Missile Maintenance Facility ....... 12,800 12,800

AF Joint Base Elmen-

dorf-Richardson

Add/Alter AWACS Alert Hangar ............. 29,000 29,000

Arizona

AF Luke AFB F–35A Squad Ops/Aircraft Maint Unit

#5.

20,000 20,000

Australia

AF Darwin APR—Aircraft MX Support Facility ........ 1,800 1,800

AF Darwin APR—Expand Parking Apron .................. 28,600 28,600

California

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130 STAT. 2877 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

AF Edwards AFB Flightline Fire Station .............................. 24,000 24,000

Colorado

AF Buckley AFB Small Arms Range Complex .................... 13,500 13,500

Delaware

AF Dover AFB Aircraft Maintenance Hangar .................. 39,000 39,000

Florida

AF Eglin AFB Advanced Munitions Technology Com-

plex.

75,000 75,000

AF Eglin AFB Dormitories (288 rooms) ........................... 0 35,000

AF Eglin AFB Flightline Fire Station .............................. 13,600 13,600

AF Patrick AFB Fire/Crash Rescue Station ....................... 13,500 13,500

Georgia

AF Moody AFB Personnel Recovery 4-Bay Hangar/Helo

MX Unit.

30,900 30,900

Germany

AF Ramstein AB 37 AS Squadron Operations/Aircraft

Maint Unit.

13,437 13,437

AF Spangdahlem AB EIC—Site Development and Infrastruc-

ture.

43,465 43,465

Guam

AF Joint Region Mar-

ianas

APR—Munitions Storage Igloos, Ph 2 .... 35,300 35,300

AF Joint Region Mar-

ianas

APR—SATCOM C4I Facility ................... 14,200 14,200

AF Joint Region Mar-

ianas

Block 40 Maintenance Hangar ................ 31,158 31,158

Illinois

AF Scott AFB Consolidated Corrosion Facility add/alter 0 41,000

Japan

AF Kadena AB APR—Replace Munitions Structures ...... 19,815 19,815

AF Yokota AB C–130J Corrosion Control Hangar .......... 23,777 23,777

AF Yokota AB Construct Combat Arms Training &

Maint Fac.

8,243 8,243

Kansas

AF McConnell AFB Air Traffic Control Tower ......................... 11,200 11,200

AF McConnell AFB KC–46A ADAL Taxiway Delta ................ 5,600 5,600

AF McConnell AFB KC–46A Alter Flight Simulator Bldgs .... 3,000 3,000

Louisiana

AF Barksdale AFB Consolidated Communication Facility .... 21,000 21,000

Mariana Islands

AF Unspecified Loca-

tion

APR—Land Acquisition ............................ 9,000 9,000

Maryland

AF Joint Base An-

drews

21 Points Enclosed Firing Range ............ 13,000 13,000

AF Joint Base An-

drews

Consolidated Communications Center .... 0 50,000

AF Joint Base An-

drews

PAR Relocate JADOC Satellite Site ........ 3,500 3,500

Massachusetts

AF Hanscom AFB Construct Vandenberg Gate Complex ..... 0 10,965

AF Hanscom AFB System Management Engineering Facil-

ity.

20,000 20,000

Montana

AF Malmstrom AFB Missile Maintenance Facility ................... 14,600 14,600

Nevada

AF Nellis AFB F–35A POL Fill Stand Addition .............. 10,600 10,600

New Mexico

AF Cannon AFB North Fitness Center ................................ 21,000 21,000

AF Holloman AFB Hazardous Cargo Pad and Taxiway ........ 10,600 10,600

AF Kirtland AFB Combat Rescue Helicopter Simulator ..... 7,300 7,300

Ohio

AF Wright-Patterson

AFB

Relocated Entry Control Facility 26A ..... 12,600 12,600

Oklahoma

AF Altus AFB KC–46A FTU/FTC Simulator Facility Ph

11,600 11,600

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130 STAT. 2878 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

AF Tinker AFB E–3G Mission and Flight Simulator

Training Facility.

0 26,000

AF Tinker AFB KC–46A Depot System Integration Lab-

oratory.

17,000 17,000

South Carolina

AF Joint Base

Charleston

Fire & Rescue Station .............................. 0 17,000

Texas

AF Joint Base San

Antonio

BMT Recruit Dormitory 6 ........................ 67,300 67,300

Turkey

AF Incirlik AB Airfield Fire/Crash Rescue Station .......... 13,449 13,449

United Arab Emir-

ates

AF Al Dhafra Large Aircraft Maintenance Hangar ....... 35,400 35,400

United Kingdom

AF RAF Croughton JIAC Consolidation—Ph 3 ....................... 53,082 53,082

AF RAF Croughton Main Gate Complex .................................. 16,500 16,500

Utah

AF Hill AFB 649 MUNS Munitions Storage Maga-

zines.

6,600 6,600

AF Hill AFB 649 MUNS Precision Guided Missile MX

Facility.

8,700 8,700

AF Hill AFB 649 MUNS STAMP/Maint & Inspection

Facility.

12,000 12,000

AF Hill AFB Composite Aircraft Antenna Calibration

Fac.

7,100 7,100

AF Hill AFB F–35A Munitions Maintenance Complex 10,100 10,100

Virginia

AF Joint Base Lang-

ley-Eustis

Air Force Targeting Center ...................... 45,000 45,000

AF Joint Base Lang-

ley-Eustis

Fuel System Maintenance Dock .............. 14,200 14,200

Washington

AF Fairchild AFB Pipeline Dorm, USAF SERE School (150

RM).

27,000 27,000

Worldwide Unspec-

ified

AF Various World-

wide Locations

Planning & Design .................................... 143,582 143,582

AF Various World-

wide Locations

Unspecified Minor Military Construction 30,000 40,000

Wyoming

AF F. E. Warren AFB Missile Transfer Facility Bldg 4331 ........ 5,550 5,550

Military Construction, Air Force Total ...................................................... 1,481,058 1,686,523

Alaska

Def-Wide Clear AFS Long Range Discrim Radar Sys Complex

Ph 1.

155,000 155,000

Def-Wide Fort Greely Missile Defense Complex Switchgear Fa-

cility.

9,560 9,560

Def-Wide Joint Base Elmen-

dorf-Richardson

Construct Truck Offload Facility ............. 4,900 4,900

Arizona

Def-Wide Fort Huachuca JITC Building 52110 Renovation ............ 4,493 4,493

California

Def-Wide Coronado SOF Human Performance Training Cen-

ter.

15,578 15,578

Def-Wide Coronado SOF Seal Team Ops Facility .................... 47,290 47,290

Def-Wide Coronado SOF Special RECON Team ONE Oper-

ations Fac.

20,949 20,949

Def-Wide Coronado SOF Training Detachment ONE Ops Fa-

cility.

44,305 44,305

Def-Wide Travis AFB Replace Hydrant Fuel System ................. 26,500 26,500

Delaware

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130 STAT. 2879 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

Def-Wide Dover AFB Welch ES/Dover MS Replacement ........... 44,115 44,115

Diego Garcia

Def-Wide Diego Garcia Improve Wharf Refueling Capability ...... 30,000 30,000

Florida

Def-Wide Patrick AFB Replace Fuel Tanks .................................. 10,100 10,100

Georgia

Def-Wide Fort Benning SOF Tactical Unmanned Aerial Vehicle

Hangar.

4,820 4,820

Def-Wide Fort Gordon Medical Clinic Replacement ..................... 25,000 25,000

Germany

Def-Wide Kaiserlautern AB Sembach Elementary/Middle School Re-

placement.

45,221 45,221

Def-Wide Rhine Ordnance

Barracks

Medical Center Replacement Incr 6 ........ 58,063 58,063

Japan

Def-Wide Iwakuni Construct Truck Offload & Loading Fa-

cilities.

6,664 6,664

Def-Wide Kadena AB Kadena Elementary School Replacement 84,918 84,918

Def-Wide Kadena AB Medical Materiel Warehouse ................... 20,881 20,881

Def-Wide Kadena AB SOF Maintenance Hangar ....................... 42,823 42,823

Def-Wide Kadena AB SOF Simulator Facility (MC–130) ........... 12,602 12,602

Def-Wide Yokota AB Airfield Apron ............................................ 41,294 41,294

Def-Wide Yokota AB Hangar/AMU ............................................. 39,466 39,466

Def-Wide Yokota AB Operations and Warehouse Facilities ..... 26,710 26,710

Def-Wide Yokota AB Simulator Facility ..................................... 6,261 6,261

Kwajalein

Def-Wide Kwajalein Atoll Replace Fuel Storage Tanks .................... 85,500 85,500

Maine

Def-Wide Kittery Medical/Dental Clinic Replacement ........ 27,100 27,100

Maryland

Def-Wide Bethesda Naval

Hospital

MEDCEN Addition/Alteration Incr 1 ...... 50,000 50,000

Def-Wide Fort Meade Access Control Facility ............................. 21,000 21,000

Def-Wide Fort Meade NSAW Campus Feeders Phase 3 ............. 17,000 17,000

Def-Wide Fort Meade NSAW Recapitalize Building #2 Incr 2 ... 195,000 195,000

Missouri

Def-Wide St. Louis Land Acquisition—Next NGA West

Campus.

801 801

North Carolina

Def-Wide Camp Lejeune Dental Clinic Replacement ....................... 31,000 31,000

Def-Wide Fort Bragg SOF Combat Medic Training Facility ..... 10,905 10,905

Def-Wide Fort Bragg SOF Parachute Rigging Facility .............. 21,420 21,420

Def-Wide Fort Bragg SOF Special Tactics Facility (Ph 3) ......... 30,670 30,670

Def-Wide Fort Bragg SOF Tactical Equipment Maintenance

Facility.

23,598 23,598

South Carolina

Def-Wide Joint Base

Charleston

Construct Hydrant Fuel System .............. 17,000 17,000

Texas

Def-Wide Red River Army

Depot

Construct Warehouse & Open Storage ... 44,700 44,700

Def-Wide Sheppard AFB Medical/Dental Clinic Replacement ........ 91,910 91,910

United Kingdom

Def-Wide RAF Croughton Croughton Elem/Middle/High School Re-

placement.

71,424 71,424

Def-Wide RAF Lakenheath Construct Hydrant Fuel System .............. 13,500 13,500

Virginia

Def-Wide Pentagon Pentagon Metro Entrance Facility .......... 12,111 12,111

Def-Wide Pentagon Upgrade IT Facilities Infrastructure—

RRMC.

8,105 8,105

Wake Island

Def-Wide Wake Island Test Support Facility ................................ 11,670 11,670

Worldwide Unspec-

ified

Def-Wide Unspecified

Worldwide Lo-

cations

Battalion Complex .................................... 0 0

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130 STAT. 2880 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

Def-Wide Unspecified

Worldwide Lo-

cations

Contingency Construction ........................ 10,000 0

Def-Wide Unspecified

Worldwide Lo-

cations

Energy Conservation Investment Pro-

gram Design.

10,000 0

Def-Wide Unspecified

Worldwide Lo-

cations

Energy Conservation Investment Pro-

gram.

150,000 150,000

Def-Wide Unspecified

Worldwide Lo-

cations

Exercise Related Minor Construction ..... 8,631 8,631

Def-Wide Unspecified

Worldwide Lo-

cations

Planning and Design, Defense Wide ....... 13,450 23,450

Def-Wide Unspecified

Worldwide Lo-

cations

Planning and Design, DODEA ................ 23,585 23,585

Def-Wide Unspecified

Worldwide Lo-

cations

Planning and Design, NGA ...................... 71,647 36,000

Def-Wide Unspecified

Worldwide Lo-

cations

Planning and Design, NSA ...................... 24,000 24,000

Def-Wide Unspecified

Worldwide Lo-

cations

Planning and Design, WHS ..................... 3,427 3,427

Def-Wide Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 3,000 3,000

Def-Wide Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 3,000 3,000

Def-Wide Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 5,994 5,994

Def-Wide Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 8,500 8,500

Def-Wide Unspecified

Worldwide Lo-

cations

Unspecified Minor Milcon ........................ 3,913 3,913

Def-Wide Unspecified

Worldwide Lo-

cations

Worldwide Unspecified Minor Construc-

tion.

2,414 2,414

Def-Wide Various World-

wide Locations

Planning & Design, DLA .......................... 27,660 27,660

Def-Wide Various World-

wide Locations

Planning and Design, SOCOM ................ 27,653 27,653

Worldwide Unspec-

ified Locations

Def-Wide Unspecified

Worldwide Lo-

cations

Planning & Design, MDA ......................... 0 15,000

Military Construction, Defense-Wide Total .............................................. 2,056,091 2,025,444

Worldwide Unspec-

ified

NATO NATO Security

Investment Pro-

gram

NATO Security Investment Program ...... 177,932 177,932

NATO Security Investment Program Total ............................................... 177,932 177,932

Colorado

Army NG Fort Carson National Guard Readiness Center .......... 0 16,500

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130 STAT. 2881 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

Hawaii

Army NG Hilo Combined Support Maintenance Shop .... 31,000 31,000

Iowa

Army NG Davenport National Guard Readiness Center .......... 23,000 23,000

Kansas

Army NG Fort Leavenworth National Guard Readiness Center .......... 29,000 29,000

New Hampshire

Army NG Hooksett National Guard Vehicle Maintenance

Shop.

11,000 11,000

Army NG Rochester National Guard Vehicle Maintenance

Shop.

8,900 8,900

Oklahoma

Army NG Ardmore National Guard Readiness Center .......... 22,000 22,000

Pennsylvania

Army NG Fort Indiantown

Gap

Access Control Buildings .......................... 0 20,000

Army NG York National Guard Readiness Center .......... 9,300 9,300

Rhode Island

Army NG East Greenwich National Guard/Reserve Center Building

(JFHQ).

20,000 20,000

Utah

Army NG Camp Williams National Guard Readiness Center .......... 37,000 37,000

Worldwide Unspec-

ified

Army NG Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 8,729 8,729

Army NG Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 12,001 12,001

Wyoming

Army NG Camp Guernsey General Instruction Building ................... 0 31,000

Army NG Laramie National Guard Readiness Center .......... 21,000 21,000

Military Construction, Army National Guard Total ............................... 232,930 300,430

Arizona

Army Res Phoenix Army Reserve Center ............................... 0 30,000

California

Army Res Barstow Equipment Concentration Site ................ 0 0

Army Res Camp Parks Transient Training Barracks ................... 19,000 19,000

Army Res Fort Hunter

Liggett

Emergency Services Center ..................... 21,500 21,500

Virginia

Army Res Dublin Organizational Maintenance Shop/AMSA 6,000 6,000

Washington

Army Res Joint Base Lewis-

McChord

Army Reserve Center ............................... 0 0

Wisconsin

Army Res Fort McCoy AT/MOB Dining Facility .......................... 11,400 11,400

Worldwide Unspec-

ified

Army Res Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 7,500 7,500

Army Res Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 2,830 2,830

Military Construction, Army Reserve Total ............................................. 68,230 98,230

Louisiana

N/MC Res New Orleans Joint Reserve Intelligence Center ........... 11,207 11,207

New York

N/MC Res Brooklyn Electric Feeder Ductbank ......................... 1,964 1,964

N/MC Res Syracuse Marine Corps Reserve Center .................. 13,229 13,229

Texas

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130 STAT. 2882 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

N/MC Res Galveston Reserve Center Annex .............................. 8,414 8,414

Worldwide Unspec-

ified

N/MC Res Unspecified

Worldwide Lo-

cations

MCNR Planning & Design ....................... 3,783 3,783

Military Construction, Naval Reserve Total ............................................. 38,597 38,597

Connecticut

Air NG Bradley IAP Construct Small Air Terminal ................. 6,300 6,300

Florida

Air NG Jacksonville IAP Replace Fire Crash/Rescue Station ......... 9,000 9,000

Hawaii

Air NG Joint Base Pearl

Harbor-Hickam

F–22 Composite Repair Facility .............. 11,000 11,000

Iowa

Air NG Sioux Gateway

Airport

Construct Consolidated Support Func-

tions.

12,600 12,600

Maryland

Air NG Joint Base An-

drews

Munitions Load Crew Trng/Corrosion

Cntrl Facility.

0 5,000

Minnesota

Air NG Duluth IAP Load Crew Training/Weapon Shops ........ 7,600 7,600

New Hampshire

Air NG Pease Inter-

national Trade

Port

KC–46A Install Fuselage Trainer Bldg

251.

1,500 1,500

North Carolina

Air NG Charlotte/Douglas

IAP

C–17 Corrosion Control/Fuel Cell Hang-

ar.

29,600 29,600

Air NG Charlotte/Douglas

IAP

C–17 Type III Hydrant Refueling Sys-

tem.

21,000 21,000

Ohio

Air NG Toledo Express

Airport

Indoor Small Arms Range ........................ 0 6,000

South Carolina

Air NG McEntire ANGS Replace Operations and Training Facil-

ity.

8,400 8,400

Texas

Air NG Ellington Field Consolidate Crew Readiness Facility ...... 4,500 4,500

Vermont

Air NG Burlington IAP F–35 Beddown 4-Bay Flight Simulator .. 4,500 4,500

Worldwide Unspec-

ified

Air NG Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 17,495 17,495

Air NG Various World-

wide Locations

Planning and Design ................................ 10,462 10,462

Military Construction, Air National Guard Total ................................... 143,957 154,957

Guam

AF Res Andersen AFB Reserve Medical Training Facility .......... 0 0

Massachusetts

AF Res Westover ARB Indoor Small Arms Range ........................ 0 0

North Carolina

AF Res Seymour Johnson

AFB

KC–46A ADAL Bldg for AGE/Fuselage

Training.

5,700 5,700

AF Res Seymour Johnson

AFB

KC–46A ADAL Squadron Operations Fa-

cilities.

2,250 2,250

AF Res Seymour Johnson

AFB

KC–46A Two Bay Corrosion/Fuel Cell

Hangar.

90,000 90,000

Pennsylvania

AF Res Pittsburgh IAP C–17 ADAL Fuel Hydrant System .......... 22,800 22,800

AF Res Pittsburgh IAP C–17 Const/OverlayTaxiway and Apron 8,200 8,200

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130 STAT. 2883 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

AF Res Pittsburgh IAP C–17 Construct Two Bay Corrosion/Fuel

Hangar.

54,000 54,000

Utah

AF Res Hill AFB ADAL Life Support Facility ..................... 0 0

Worldwide Unspec-

ified

AF Res Unspecified

Worldwide Lo-

cations

Planning & Design .................................... 4,500 4,500

AF Res Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 1,500 1,500

Military Construction, Air Force Reserve Total ...................................... 188,950 188,950

Korea

FH Con Army Camp Humphreys Family Housing New Construction, Incr

143,563 100,000

FH Con Army Camp Walker Family Housing New Construction ......... 54,554 54,554

Worldwide Unspec-

ified

FH Con Army Unspecified

Worldwide Lo-

cations

Planning & Design .................................... 2,618 2,618

Family Housing Construction, Army Total ............................................... 200,735 157,172

Worldwide Unspec-

ified

FH Ops Army Unspecified

Worldwide Lo-

cations

Furnishings ............................................... 10,178 10,178

FH Ops Army Unspecified

Worldwide Lo-

cations

Housing Privatization Support ................ 19,146 19,146

FH Ops Army Unspecified

Worldwide Lo-

cations

Leasing ....................................................... 131,761 131,761

FH Ops Army Unspecified

Worldwide Lo-

cations

Maintenance .............................................. 60,745 60,745

FH Ops Army Unspecified

Worldwide Lo-

cations

Management .............................................. 40,344 40,344

FH Ops Army Unspecified

Worldwide Lo-

cations

Miscellaneous ............................................ 400 400

FH Ops Army Unspecified

Worldwide Lo-

cations

Services ...................................................... 7,993 7,993

FH Ops Army Unspecified

Worldwide Lo-

cations

Utilities ...................................................... 55,428 55,428

Family Housing Operation And Maintenance, Army Total .................. 325,995 325,995

Mariana Islands

FH Con Navy Guam Replace Andersen Housing Ph I .............. 78,815 78,815

Worldwide Unspec-

ified

FH Con Navy Unspecified

Worldwide Lo-

cations

Construction Improvements ..................... 11,047 11,047

FH Con Navy Unspecified

Worldwide Lo-

cations

Planning & Design .................................... 4,149 4,149

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130 STAT. 2884 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

Family Housing Construction, Navy And Marine Corps Total ............ 94,011 94,011

Worldwide Unspec-

ified

FH Ops Navy Unspecified

Worldwide Lo-

cations

Furnishings ............................................... 17,457 17,457

FH Ops Navy Unspecified

Worldwide Lo-

cations

Housing Privatization Support ................ 26,320 26,320

FH Ops Navy Unspecified

Worldwide Lo-

cations

Leasing ....................................................... 54,689 54,689

FH Ops Navy Unspecified

Worldwide Lo-

cations

Maintenance .............................................. 81,254 81,254

FH Ops Navy Unspecified

Worldwide Lo-

cations

Management .............................................. 51,291 51,291

FH Ops Navy Unspecified

Worldwide Lo-

cations

Miscellaneous ............................................ 364 364

FH Ops Navy Unspecified

Worldwide Lo-

cations

Services ...................................................... 12,855 12,855

FH Ops Navy Unspecified

Worldwide Lo-

cations

Utilities ...................................................... 56,685 56,685

Family Housing Operation And Maintenance, Navy And Marine

Corps Total.

300,915 300,915

Worldwide Unspec-

ified

FH Con AF Unspecified

Worldwide Lo-

cations

Construction Improvements ..................... 56,984 56,984

FH Con AF Unspecified

Worldwide Lo-

cations

Planning & Design .................................... 4,368 4,368

Family Housing Construction, Air Force Total ....................................... 61,352 61,352

Worldwide Unspec-

ified

FH Ops AF Unspecified

Worldwide Lo-

cations

Furnishings ............................................... 31,690 31,690

FH Ops AF Unspecified

Worldwide Lo-

cations

Housing Privatization Support ................ 41,809 41,809

FH Ops AF Unspecified

Worldwide Lo-

cations

Leasing ....................................................... 20,530 20,530

FH Ops AF Unspecified

Worldwide Lo-

cations

Maintenance .............................................. 85,469 85,469

FH Ops AF Unspecified

Worldwide Lo-

cations

Management .............................................. 42,919 42,919

FH Ops AF Unspecified

Worldwide Lo-

cations

Miscellaneous ............................................ 1,745 1,745

FH Ops AF Unspecified

Worldwide Lo-

cations

Services ...................................................... 13,026 13,026

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130 STAT. 2885 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

FH Ops AF Unspecified

Worldwide Lo-

cations

Utilities ...................................................... 37,241 37,241

Family Housing Operation And Maintenance, Air Force Total ........... 274,429 274,429

Worldwide Unspec-

ified

FH Ops DW Unspecified

Worldwide Lo-

cations

Furnishings ............................................... 20 20

FH Ops DW Unspecified

Worldwide Lo-

cations

Furnishings ............................................... 500 500

FH Ops DW Unspecified

Worldwide Lo-

cations

Furnishings ............................................... 399 399

FH Ops DW Unspecified

Worldwide Lo-

cations

Leasing ....................................................... 40,984 40,984

FH Ops DW Unspecified

Worldwide Lo-

cations

Leasing ....................................................... 11,044 11,044

FH Ops DW Unspecified

Worldwide Lo-

cations

Maintenance .............................................. 349 349

FH Ops DW Unspecified

Worldwide Lo-

cations

Maintenance .............................................. 800 800

FH Ops DW Unspecified

Worldwide Lo-

cations

Management .............................................. 388 388

FH Ops DW Unspecified

Worldwide Lo-

cations

Services ...................................................... 32 32

FH Ops DW Unspecified

Worldwide Lo-

cations

Utilities ...................................................... 4,100 4,100

FH Ops DW Unspecified

Worldwide Lo-

cations

Utilities ...................................................... 174 174

FH Ops DW Unspecified

Worldwide Lo-

cations

Utilities ...................................................... 367 367

Family Housing Operation And Maintenance, Defense-Wide Total ... 59,157 59,157

Worldwide Unspec-

ified

FHIF Unspecified

Worldwide Lo-

cations

Program Expenses .................................... 3,258 3,258

DoD Family Housing Improvement Fund Total ...................................... 3,258 3,258

Worldwide Unspec-

ified

BRAC Base Realignment

& Closure,

Army

Base Realignment and Closure ................ 14,499 24,499

Base Realignment and Closure—Army Total ........................................... 14,499 24,499

Worldwide Unspec-

ified

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130 STAT. 2886 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

BRAC Base Realignment

& Closure,

Navy

Base Realignment & Closure ................... 110,606 135,606

BRAC Unspecified

Worldwide Lo-

cations

DON–100: Planning, Design and Man-

agement.

4,604 4,604

BRAC Unspecified

Worldwide Lo-

cations

DON–101: Various Locations ................... 10,461 10,461

BRAC Unspecified

Worldwide Lo-

cations

DON–138: NAS Brunswick, ME .............. 557 557

BRAC Unspecified

Worldwide Lo-

cations

DON–157: MCSA Kansas City, MO ........ 100 100

BRAC Unspecified

Worldwide Lo-

cations

DON–172: NWS Seal Beach, Concord,

CA.

4,648 4,648

BRAC Unspecified

Worldwide Lo-

cations

DON–84: JRB Willow Grove & Cambria

Reg AP.

3,397 3,397

Base Realignment and Closure—Navy Total ............................................ 134,373 159,373

Worldwide Unspec-

ified

BRAC Unspecified

Worldwide Lo-

cations

DoD BRAC Activities—Air Force ............ 56,365 56,365

Base Realignment and Closure—Air Force Total .................................... 56,365 56,365

Worldwide Unspec-

ified

PYS Unspecified

Worldwide Lo-

cations

Planning and Design, Defense Wide ....... 0 –30,000

PYS Worldwide Air Force .................................................... 0 –51,460

PYS Worldwide Army .......................................................... 0 –29,602

PYS Worldwide Defense-Wide ............................................. 0 –141,600

PYS Worldwide Navy ........................................................... 0 0

Worldwide Unspec-

ified Locations

PYS Worldwide HAP ............................................................ 0 –25,000

PYS Worldwide NSIP ........................................................... 0 –30,000

Prior Year Savings Total ............................................................................... 0 –307,662

Total, Military Construction ......................................................................... 7,444,056 7,709,565

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY

OPERATIONS.

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

Worldwide Unspec-

ified

Army Unspecified World-

wide Locations

ERI: Planning and Design ......................... 18,900 18,900

Military Construction, Army Total .................................................................. 18,900 18,900

Iceland

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130 STAT. 2887 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2017

Request

Conference

Authorized

Navy Keflavik ERI: P–8A Aircraft Rinse Rack ................. 5,000 5,000

Navy Keflavik ERI: P–8A Hangar Upgrade ...................... 14,600 14,600

Worldwide Unspec-

ified

Navy Unspecified World-

wide Locations

ERI: Planning and Design ......................... 1,800 1,800

Military Construction, Navy Total .................................................................. 21,400 21,400

Bulgaria

AF Graf Ignatievo ERI: Construct Sq Ops/Operational Alert

Fac.

3,800 3,800

AF Graf Ignatievo ERI: Fighter Ramp Extension ................... 7,000 7,000

AF Graf Ignatievo ERI: Upgrade Munitions Storage Area ..... 2,600 2,600

Djibouti

AF Chabelley Airfield OCO: Construct Chabelley Access Road ... 3,600 3,600

AF Chabelley Airfield OCO: Construct Parking Apron and Taxi-

way.

6,900 6,900

Estonia

AF Amari AB ERI: Construct Bulk Fuel Storage ............ 6,500 6,500

Germany

AF Spangdahlem AB ERI: Construct High Cap Trim Pad &

Hush House.

1,000 1,000

AF Spangdahlem AB ERI: F/A–22 Low Observable/Comp Re-

pair Fac.

12,000 12,000

AF Spangdahlem AB ERI: F/A–22 Upgrade Infrastructure/

Comm/Util.

1,600 1,600

AF Spangdahlem AB ERI: Upgrade Hardened Aircraft Shelters 2,700 2,700

AF Spangdahlem AB ERI: Upgrade Munitions Storage Doors ... 1,400 1,400

Lithuania

AF Siauliai ERI: Munitions Storage .............................. 3,000 3,000

Poland

AF Lask AB ERI: Construct Squadron Operations Fa-

cility.

4,100 4,100

AF Powidz AB ERI: Construct Squadron Operations Fa-

cility.

4,100 4,100

Romania

AF Campia Turzii ERI: Construct Munitions Storage Area ... 3,000 3,000

AF Campia Turzii ERI: Construct Squadron Operations Fa-

cility.

3,400 3,400

AF Campia Turzii ERI: Construct Two-Bay Hangar .............. 6,100 6,100

AF Campia Turzii ERI: Extend Parking Aprons ..................... 6,000 6,000

Worldwide Unspec-

ified

AF Unspecified World-

wide Locations

CTP: Planning and Design ......................... 9,000 8,551

AF Unspecified World-

wide Locations

OCO: Planning and Design ........................ 940 940

Military Construction, Air Force Total .......................................................... 88,740 88,291

Worldwide Unspec-

ified

Def-Wide Unspecified World-

wide Locations

ERI: Unspecified Minor Construction ....... 5,000 5,000

Military Construction, Defense-Wide Total .................................................. 5,000 5,000

Total, Military Construction ............................................................................. 134,040 133,591

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130 STAT. 2888 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4603. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY

OPERATIONS FOR BASE REQUIREMENTS.

SEC. 4603. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE

REQUIREMENTS

(In Thousands of Dollars)

Service

State/Country and In-

stallation

Project

FY 2017

Request

Conference

Authorized

Djibouti

Navy Camp Lemonier OCO: Medical/Dental Facility ........................ 37,409 37,409

Worldwide Unspecified

Navy Unspecified World-

wide Locations

Planning and Design ...................................... 1,000 1,000

Military Construction, Navy Total ................................................................ 38,409 38,409

Total, Military Construction ........................................................................... 38,409 38,409

TITLE XLVII—DEPARTMENT OF ENERGY

NATIONAL SECURITY PROGRAMS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2017

Request

Conference

Authorized

Discretionary Summary By Appropriation

Energy And Water Development, And Related Agencies

Appropriation Summary:

Energy Programs

Nuclear Energy .............................................................. 151,876 136,616

Atomic Energy Defense Activities

National nuclear security administration:

Weapons activities .................................................. 9,243,147 9,429,029

Defense nuclear nonproliferation .......................... 1,807,916 1,886,916

Naval reactors ......................................................... 1,420,120 1,417,620

Federal salaries and expenses ............................... 412,817 395,517

Total, National nuclear security administration 12,884,000 13,129,082

Environmental and other defense activities:

Defense environmental cleanup ............................. 5,382,050 5,273,558

Other defense activities .......................................... 791,552 789,552

Total, Environmental & other defense activities 6,173,602 6,063,110

Total, Atomic Energy Defense Activities ..................... 19,057,602 19,192,192

Total, Discretionary Funding ....................................................... 19,209,478 19,328,808

Nuclear Energy

Idaho sitewide safeguards and security ..................................... 129,303 129,303

Idaho operations and maintenance ............................................. 7,313 7,313

Consent Based Siting ................................................................... 15,260 0

Denial of funds for defense-only repository ........................ [–15,260 ]

Total, Nuclear Energy ..................................................................... 151,876 136,616

Weapons Activities

Directed stockpile work

Life extension programs

B61 Life extension program .......................................... 616,079 616,079

W76 Life extension program ......................................... 222,880 222,880

W88 Alt 370 .................................................................... 281,129 281,129

W80–4 Life extension program ..................................... 220,253 220,253

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130 STAT. 2889 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2017

Request

Conference

Authorized

Total, Life extension programs ...................................... 1,340,341 1,340,341

Stockpile systems

B61 Stockpile systems ................................................... 57,313 57,313

W76 Stockpile systems .................................................. 38,604 38,604

W78 Stockpile systems .................................................. 56,413 56,413

W80 Stockpile systems .................................................. 64,631 64,631

B83 Stockpile systems ................................................... 41,659 41,659

W87 Stockpile systems .................................................. 81,982 81,982

W88 Stockpile systems .................................................. 103,074 103,074

Total, Stockpile systems ................................................... 443,676 443,676

Weapons dismantlement and disposition

Operations and maintenance ........................................ 68,984 56,000

Denial of dismantlement acceleration ................... [–12,984 ]

Stockpile services

Production support ......................................................... 457,043 457,043

Research and development support .............................. 34,187 34,187

R&D certification and safety ......................................... 156,481 156,481

Management, technology, and production ................... 251,978 251,978

Total, Stockpile services .................................................. 899,689 899,689

Nuclear material commodities

Uranium sustainment ................................................... 20,988 20,988

Plutonium sustainment ................................................. 184,970 184,970

Tritium sustainment ...................................................... 109,787 109,787

Domestic uranium enrichment ..................................... 50,000 50,000

Strategic materials sustainment .................................. 212,092 212,092

Total, Nuclear material commodities ........................... 577,837 577,837

Total, Directed stockpile work .............................................. 3,330,527 3,317,543

Research, development, test and evaluation (RDT&E)

Science

Advanced certification ................................................... 58,000 58,000

Primary assessment technologies ................................. 99,000 99,000

Dynamic materials properties ....................................... 106,000 106,000

Advanced radiography ................................................... 50,500 50,500

Secondary assessment technologies .............................. 76,000 76,000

Academic alliances and partnerships ........................... 52,484 52,484

Total, Science ...................................................................... 441,984 441,984

Engineering

Enhanced surety ............................................................ 37,196 37,196

Weapon systems engineering assessment technology 16,958 16,958

Nuclear survivability ..................................................... 43,105 43,105

Enhanced surveillance ................................................... 42,228 42,228

Total, Engineering ............................................................. 139,487 139,487

Inertial confinement fusion ignition and high yield

Ignition ........................................................................... 75,432 75,432

Support of other stockpile programs ............................ 23,363 23,363

Diagnostics, cryogenics and experimental support ..... 68,696 68,696

Pulsed power inertial confinement fusion .................... 5,616 5,616

Joint program in high energy density laboratory

plasmas ....................................................................... 9,492 9,492

Facility operations and target production .................... 340,360 340,360

Total, Inertial confinement fusion and high yield .... 522,959 522,959

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130 STAT. 2890 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2017

Request

Conference

Authorized

Advanced simulation and computing .................................. 663,184 656,184

Program decrease ........................................................... [–7,000 ]

Stockpile Responsiveness Program ...................................... 0 40,000

Program increase ........................................................... [40,000 ]

Advanced manufacturing

Additive manufacturing ................................................. 12,000 12,000

Component manufacturing development ..................... 46,583 46,583

Processing technology development .............................. 28,522 28,522

Total, Advanced manufacturing .................................... 87,105 87,105

Total, RDT&E ............................................................................. 1,854,719 1,887,719

Infrastructure and operations (formerly RTBF)

Operating

Operations of facilities

Kansas City Plant ................................................... 101,000 101,000

Lawrence Livermore National Laboratory ........... 70,500 70,500

Los Alamos National Laboratory ........................... 196,500 196,500

Nevada Test Site ..................................................... 92,500 92,500

Pantex ...................................................................... 55,000 55,000

Sandia National Laboratory .................................. 118,000 118,000

Savannah River Site ............................................... 83,500 83,500

Y–12 National security complex ............................ 107,000 107,000

Total, Operations of facilities .................................. 824,000 824,000

Safety and environmental operations .................................. 110,000 110,000

Maintenance and repair of facilities .................................... 294,000 324,000

Address high-priority preventative maintenance ........ [30,000 ]

Recapitalization:

Infrastructure and safety .............................................. 554,643 630,509

Address high-priority deferred maintenance ........ [75,866 ]

Capability based investment ......................................... 112,639 112,639

Total, Recapitalization ..................................................... 667,282 743,148

Construction:

17–D–640 U1a Complex Enhancements Project,

NNSS ........................................................................... 11,500 11,500

17–D–630 Electrical Infrastructure Upgrades, LLNL 25,000 25,000

16–D–515 Albuquerque complex upgrades project ..... 15,047 15,047

15–D–613 Emergency Operations Center, Y–12 ......... 2,000 2,000

15–D–302 TA–55 Reinvestment project, Phase 3,

LANL ........................................................................... 21,455 21,455

07–D–220–04 Transuranic liquid waste facility,

LANL ........................................................................... 17,053 17,053

06–D–141 PED/Construction, UPF Y–12, Oak Ridge,

TN ................................................................................ 575,000 575,000

04–D–125 Chemistry and metallurgy research re-

placement project, LANL ........................................... 159,615 159,615

Total, Construction ........................................................... 826,670 826,670

Total, Infrastructure and operations ................................... 2,721,952 2,827,818

Secure transportation asset

Operations and equipment ................................................... 179,132 179,132

Program direction ................................................................. 103,600 103,600

Total, Secure transportation asset ....................................... 282,732 282,732

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130 STAT. 2891 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2017

Request

Conference

Authorized

Defense nuclear security

Operations and maintenance ............................................... 657,133 693,133

Support to physical security infrastructure recapital-

ization and CSTART .................................................. [36,000 ]

Construction:

14–D–710 Device assembly facility argus installation

project, NV .................................................................. 13,000 13,000

17–D–710 West end protected area reduction project,

Y–12 ............................................................................. 0 24,000

Total, Defense nuclear security ............................................ 670,133 730,133

Information technology and cybersecurity ................................. 176,592 176,592

Legacy contractor pensions .......................................................... 248,492 248,492

Rescission of prior year balances ................................................ –42,000 –42,000

Total, Weapons Activities ............................................................... 9,243,147 9,429,029

Defense Nuclear Nonproliferation

Defense Nuclear Nonproliferation Programs

Defense Nuclear Nonproliferation R&D

Global material security ................................................ 337,108 337,108

Material management and minimization .................... 341,094 321,094

Program decrease .................................................... [–20,000 ]

Nonproliferation and arms control ............................... 124,703 124,703

Defense Nuclear Nonproliferation R&D ....................... 393,922 417,922

Acceleration of low-yield detection experiments .. [4,000 ]

Nuclear detection technology and new challenges

such as 3D printing ............................................. [20,000 ]

Low Enriched Uranium R&D for Naval Reactors ....... 0 5,000

Low Enriched Uranium R&D for Naval Reactors [5,000 ]

Nonproliferation Construction:

99–D–143 Mixed Oxide (MOX) Fuel Fabrication

Facility, SRS ........................................................ 270,000 340,000

Increase to support construction .................... [70,000 ]

Total, Nonproliferation construction .................... 270,000 340,000

Total, Defense Nuclear Nonproliferation Programs 1,466,827 1,545,827

Legacy contractor pensions .......................................................... 83,208 83,208

Nuclear counterterrorism and incident response program ....... 271,881 271,881

Rescission of prior year balances ................................................ –14,000 –14,000

Total, Defense Nuclear Nonproliferation .................................. 1,807,916 1,886,916

Naval Reactors

Naval reactors operations and infrastructure ............................ 449,682 447,182

Naval reactors development ........................................................ 437,338 437,338

Ohio replacement reactor systems development ........................ 213,700 213,700

S8G Prototype refueling .............................................................. 124,000 124,000

Program direction ......................................................................... 47,100 47,100

Construction:

17–D–911, BL Fire System Upgrade ................................... 1,400 1,400

15–D–904 NRF Overpack Storage Expansion 3 ................. 700 700

15–D–902 KS Engineroom team trainer facility ................ 33,300 33,300

14–D–901 Spent fuel handling recapitalization project,

NRF .................................................................................... 100,000 100,000

10–D–903, Security upgrades, KAPL .................................. 12,900 12,900

Total, Construction .................................................................. 148,300 148,300

Total, Naval Reactors ...................................................................... 1,420,120 1,417,620

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130 STAT. 2892 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2017

Request

Conference

Authorized

Federal Salaries And Expenses

Program direction ......................................................................... 412,817 395,517

Program decrease .................................................................. [–17,300 ]

Total, Office Of The Administrator ............................................. 412,817 395,517

Defense Environmental Cleanup

Closure sites:

Closure sites administration ................................................ 9,389 9,389

Hanford site:

River corridor and other cleanup operations ...................... 69,755 114,755

Acceleration of priority programs ................................. [45,000 ]

Central plateau remediation ................................................ 620,869 644,369

Acceleration of priority programs ................................. [23,500 ]

Richland community and regulatory support ..................... 14,701 14,701

Construction:

15–D–401 Containerized sludge removal annex, RL .. 11,486 11,486

Total, Hanford site .................................................................... 716,811 785,311

Idaho National Laboratory:

Idaho cleanup and waste disposition ................................... 359,088 359,088

Idaho community and regulatory support ........................... 3,000 3,000

Total, Idaho National Laboratory ......................................... 362,088 362,088

Los Alamos National Laboratory

EMLA cleanup activities ...................................................... 185,606 195,606

Program Increase ........................................................... [10,000 ]

EMLA community and regulatory support ......................... 3,394 3,394

Total, Los Alamos National Laboratory .............................. 189,000 199,000

NNSA sites

Lawrence Livermore National Laboratory .......................... 1,396 1,396

Separations Process Research Unit ..................................... 3,685 3,685

Nevada ................................................................................... 62,176 62,176

Sandia National Laboratories .............................................. 4,130 4,130

Total, NNSA sites and Nevada off-sites ............................... 71,387 71,387

Oak Ridge Reservation:

OR Nuclear facility D & D

OR Nuclear facility D & D ............................................ 93,851 93,851

Construction:

14–D–403 Outfall 200 Mercury Treatment Facil-

ity ......................................................................... 5,100 5,100

Total, OR Nuclear facility D & D ................................... 98,951 98,951

U233 Disposition Program ................................................... 37,311 37,311

OR cleanup and disposition .................................................. 54,557 54,557

OR reservation community and regulatory support ........... 4,400 4,400

Oak Ridge technology development ..................................... 3,000 3,000

Total, Oak Ridge Reservation ................................................ 198,219 198,219

Office of River Protection:

Waste treatment and immobilization plant

WTP operations .............................................................. 3,000 3,000

15–D–409 Low activity waste pretreatment system,

ORP ............................................................................. 73,000 73,000

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130 STAT. 2893 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2017

Request

Conference

Authorized

01–D–416 A–D/ORP–0060 / Major construction .......... 690,000 690,000

Total, Waste treatment and immobilization plant .... 766,000 766,000

Tank farm activities

Rad liquid tank waste stabilization and disposition ... 721,456 721,456

Total, Tank farm activities .............................................. 721,456 721,456

Total, Office of River protection ........................................... 1,487,456 1,487,456

Savannah River sites:

Nuclear Material Management ............................................ 311,062 311,062

Environmental Cleanup ........................................................ 152,504 152,504

SR community and regulatory support ............................... 11,249 11,249

Radioactive liquid tank waste:

Radioactive liquid tank waste stabilization and dis-

position ........................................................................ 645,332 645,332

Construction:

15–D–402—Saltstone Disposal Unit #6, SRS ....... 7,577 7,577

17–D–401—Saltstone Disposal Unit #7 ................ 9,729 9,729

05–D–405 Salt waste processing facility, Savan-

nah River Site ...................................................... 160,000 160,000

Total, Construction .................................................... 177,306 177,306

Total, Radioactive liquid tank waste ........................... 822,638 822,638

Total, Savannah River site ..................................................... 1,297,453 1,297,453

Waste Isolation Pilot Plant

Operations and maintenance ............................................... 257,188 267,188

Program increase ........................................................... [10,000 ]

Construction:

15–D–411 Safety significant confinement ventilation

system, WIPP ............................................................. 2,532 2,532

15–D–412 Exhaust shaft, WIPP ................................... 2,533 2,533

Total, Construction ........................................................... 5,065 5,065

Total, Waste Isolation Pilot Plant ......................................... 262,253 272,253

Program direction ......................................................................... 290,050 290,050

Program support ........................................................................... 14,979 14,979

Safeguards and Security .............................................................. 255,973 255,973

Technology development .............................................................. 30,000 30,000

Infrastructure recapitalization .................................................... 41,892 0

Defense Uranium enrichment D&D ........................................... 155,100 0

Ahead of need ........................................................................ [–155,100 ]

Subtotal, Defense environmental cleanup ................................. 5,382,050 5,273,558

Total, Defense Environmental Cleanup ..................................... 5,382,050 5,273,558

Other Defense Activities

Environment, health, safety and security

Environment, health, safety and security ........................... 130,693 128,693

Program direction ................................................................. 66,519 66,519

Total, Environment, health, safety and security .............. 197,212 195,212

Independent enterprise assessments

Independent enterprise assessments ................................... 24,580 24,580

Program direction ................................................................. 51,893 51,893

Total, Independent enterprise assessments ....................... 76,473 76,473

Specialized security activities ...................................................... 237,912 237,912

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130 STAT. 2894 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2017

Request

Conference

Authorized

Office of Legacy Management

Legacy management ............................................................. 140,306 140,306

Program direction ................................................................. 14,014 14,014

Total, Office of Legacy Management ................................... 154,320 154,320

Defense-related activities

Defense related administrative support

Chief financial officer ............................................................ 23,642 23,642

Chief information officer ....................................................... 93,074 93,074

Project management oversight and assessments ............... 3,000 3,000

Total, Defense related administrative support ................. 119,716 116,716

Office of hearings and appeals .................................................... 5,919 5,919

Subtotal, Other defense activities ............................................... 791,552 789,552

Total, Other Defense Activities .................................................... 791,552 789,552

DIVISION E—UNIFORM CODE OF

MILITARY JUSTICE REFORM

SEC. 5001. SHORT TITLE.

This division may be cited as the ‘‘Military Justice Act of

2016’’.

TITLE LI—GENERAL PROVISIONS

Sec. 5101. Definitions.

Sec. 5102. Clarification of persons subject to UCMJ while on inactive-duty training.

Sec. 5103. Staff judge advocate disqualification due to prior involvement in case.

Sec. 5104. Conforming amendment relating to military magistrates.

Sec. 5105. Rights of victim.

SEC. 5101. DEFINITIONS.

(a) M

ILITARY

UDGE

.—Paragraph (10) of section 801 of title

10, United States Code (article 1 of the Uniform Code of Military

Justice), is amended to read as follows:

‘‘(10) The term ‘military judge’ means a judge advocate

designated under section 826(c) of this title (article 26(c)) who

is detailed under section 826(a) or section 830a of this title

(article 26(a) or 30a).’’.

(b) J

UDGE

DVOCATE

.—Paragraph (13) of such section (article)

is amended—

(1) in subparagraph (A), by striking ‘‘the Army or the

Navy’’ and inserting ‘‘the Army, the Navy, or the Air Force’’;

and

(2) in subparagraph (B), by striking ‘‘the Air Force or’’.

SEC. 5102. CLARIFICATION OF PERSONS SUBJECT TO UCMJ WHILE

ON INACTIVE-DUTY TRAINING.

Paragraph (3) of section 802(a) of title 10, United States Code

(article 2(a) of the Uniform Code of Military Justice), is amended

to read as follows:

‘‘(3)(A) While on inactive-duty training and during any

of the periods specified in subparagraph (B)—

Military Justice

Act of 2016.

10 USC 101 note.

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130 STAT. 2895 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(i) members of a reserve component; and

‘‘(ii) members of the Army National Guard of the

United States or the Air National Guard of the United

States, but only when in Federal service.

‘‘(B) The periods referred to in subparagraph (A) are the

following:

‘‘(i) Travel to and from the inactive-duty training site

of the member, pursuant to orders or regulations.

‘‘(ii) Intervals between consecutive periods of inactive-

duty training on the same day, pursuant to orders or

regulations.

‘‘(iii) Intervals between inactive-duty training on

consecutive days, pursuant to orders or regulations.’’.

SEC. 5103. STAFF JUDGE ADVOCATE DISQUALIFICATION DUE TO PRIOR

INVOLVEMENT IN CASE.

Subsection (c) of section 806 of title 10, United States Code

(article 6 of the Uniform Code of Military Justice), is amended

to read as follows:

‘‘(c)(1) No person who, with respect to a case, serves in a

capacity specified in paragraph (2) may later serve as a staff judge

advocate or legal officer to any reviewing or convening authority

upon the same case.

‘‘(2) The capacities referred to in paragraph (1) are, with respect

to the case involved, any of the following:

‘‘(A) Preliminary hearing officer, court member, military

judge, military magistrate, or appellate judge.

‘‘(B) Counsel who have acted in the same case or appeared

in any proceeding before a military judge, military magistrate,

preliminary hearing officer, or appellate court.’’.

SEC. 5104. CONFORMING AMENDMENT RELATING TO MILITARY MAG-

ISTRATES.

The first sentence of section 806a(a) of title 10, United States

Code (article 6a(a) of the Uniform Code of Military Justice), is

amended by striking ‘‘military judge’’ and all that follows through

the end of the sentence and inserting ‘‘military appellate judge,

military judge, or military magistrate to perform the duties of

the position involved.’’.

SEC. 5105. RIGHTS OF VICTIM.

(a) D

ESIGNATION OF

EPRESENTATIVE

.—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) R

ULE OF

ONSTRUCTION

.—Subsection (d) of such section

(article) is amended—

(1) in paragraph (1), by striking ‘‘or’’ at the end;

(2) in paragraph (2), by striking the period at the end

and inserting ‘‘; or’’; and

(3) by adding at the end the following new paragraph:

‘‘(3) to impair the exercise of discretion under sections

830 and 834 of this title (articles 30 and 34).’’.

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130 STAT. 2896 PUBLIC LAW 114–328—DEC. 23, 2016

NTERVIEW OF

ICTIM

.—Such section (article) is amended

by adding at the end the following new subsection:

‘‘(f) C

OUNSEL FOR

CCUSED

NTERVIEW OF

ICTIM OF

LLEGED

FFENSE

.—(1) Upon notice by counsel for the Government to counsel

for the accused of the name of an alleged victim of an offense

under this chapter who counsel for the Government intends to

call as a witness at a proceeding under this chapter, counsel for

the accused shall make any request to interview the victim through

the Special Victims’ Counsel or other counsel for the victim, if

applicable.

‘‘(2) If requested by an alleged victim who is subject to a

request for interview under paragraph (1), any interview of the

victim by counsel for the accused shall take place only in the

presence of the counsel for the Government, a counsel for the

victim, or, if applicable, a victim advocate.’’.

TITLE LII—APPREHENSION AND

RESTRAINT

Sec. 5121. Restraint of persons charged.

Sec. 5122. Modification of prohibition of confinement of members of the Armed

Forces with enemy prisoners and certain others.

SEC. 5121. RESTRAINT OF PERSONS CHARGED.

Section 810 of title 10, United States Code (article 10 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 810. Art. 10. Restraint of persons charged

‘‘(a) I

ENERAL

.—(1) Subject to paragraph (2), any person

subject to this chapter who is charged with an offense under this

chapter may be ordered into arrest or confinement as the cir-

cumstances require.

‘‘(2) When a person subject to this chapter is charged only

with an offense that is normally tried by summary court-martial,

the person ordinarily shall not be ordered into confinement.

‘‘(b) N

OTIFICATION TO

CCUSED AND

ELATED

ROCEDURES

.—

(1) When a person subject to this chapter is ordered into arrest

or confinement before trial, immediate steps shall be taken—

‘‘(A) to inform the person of the specific offense of which

the person is accused; and

‘‘(B) to try the person or to dismiss the charges and release

the person.

‘‘(2) To facilitate compliance with paragraph (1), the President

shall prescribe regulations setting forth procedures relating to

referral for trial, including procedures for prompt forwarding of

the charges and specifications and, if applicable, the preliminary

hearing report submitted under section 832 of this title (article

32).’’.

SEC. 5122. MODIFICATION OF PROHIBITION OF CONFINEMENT OF

MEMBERS OF THE ARMED FORCES WITH ENEMY PRIS-

ONERS AND CERTAIN OTHERS.

Section 812 of title 10, United States Code (article 12 of the

Uniform Code of Military Justice), is amended to read as follows:

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130 STAT. 2897 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘§ 812. Art. 12. Prohibition of confinement of members of

the armed forces with enemy prisoners and certain

others

‘‘No member of the armed forces may be placed in confinement

in immediate association with—

‘‘(1) enemy prisoners; or

‘‘(2) other individuals—

‘‘(A) who are detained under the law of war and are

foreign nationals; and

‘‘(B) who are not members of the armed forces.’’.

TITLE LIII—NON-JUDICIAL

PUNISHMENT

Sec. 5141. Modification of confinement as non-judicial punishment.

SEC. 5141. MODIFICATION OF CONFINEMENT AS NON-JUDICIAL

PUNISHMENT.

Section 815 of title 10, United States Code (article 15 of the

Uniform Code of Military Justice), is amended—

(1) in subsection (b)—

(A) in paragraph (2)(A), by striking ‘‘on bread and

water or diminished rations’’; and

(B) in the undesignated matter after paragraph (2),

by striking ‘‘on bread and water or diminished rations’’

in the sentence beginning ‘‘No two or more’’; and

(2) in subsection (d), by striking ‘‘on bread and water or

diminished rations’’ in paragraphs (2) and (3).

TITLE LIV—COURT-MARTIAL

JURISDICTION

Sec. 5161. Courts-martial classified.

Sec. 5162. Jurisdiction of general courts-martial.

Sec. 5163. Jurisdiction of special courts-martial.

Sec. 5164. Summary court-martial as non-criminal forum.

SEC. 5161. COURTS-MARTIAL CLASSIFIED.

Section 816 of title 10, United States Code (article 16 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 816. Art 16. Courts-martial classified

‘‘(a) I

ENERAL

.—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) G

ENERAL

OURTS

MARTIAL

.—General courts-martial are of

the following three types:

‘‘(1) A general court-martial consisting of a military judge

and eight members, subject to sections 825(d)(3) and 829 of

this title (articles 25(d)(3) and 29).

‘‘(2) In a capital case, a general court-martial consisting

of a military judge and the number of members determined

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130 STAT. 2898 PUBLIC LAW 114–328—DEC. 23, 2016

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) S

PECIAL

OURTS

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) S

UMMARY

OURT

MARTIAL

.—A summary court-martial con-

sists of one commissioned officer.’’.

SEC. 5162. JURISDICTION OF GENERAL COURTS-MARTIAL.

Section 818 of title 10, United States Code (article 18 of the

Uniform Code of Military Justice), is amended—

(1) in subsection (b), by striking ‘‘section 816(1)(B) of this

title (article 16(1)(B))’’ and inserting ‘‘section 816(b)(3) of this

title (article 16(b)(3))’’; and

(2) by striking subsection (c) and inserting the following

new subsection (c):

‘‘(c) Consistent with sections 819 and 820 of this title (articles

19 and 20), only general courts-martial have jurisdiction over the

following offenses:

‘‘(1) A violation of subsection (a) or (b) of section 920 of

this title (article 120).

‘‘(2) A violation of subsection (a) or (b) of section 920b

of this title (article 120b).

‘‘(3) An attempt to commit an offense specified in paragraph

(1) or (2) that is punishable under section 880 of this title

(article 80).’’.

SEC. 5163. JURISDICTION OF SPECIAL COURTS-MARTIAL.

Section 819 of title 10, United States Code (article 19 of the

Uniform Code of Military Justice), is amended—

(1) by striking ‘‘Subject to’’ in the first sentence and

inserting the following:

‘‘(a) I

ENERAL

.—Subject to’’;

(2) by striking ‘‘A bad-conduct discharge’’ and all that fol-

lows through the end; and

(3) by adding after subsection (a), as designated by para-

graph (1), the following new subsections:

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130 STAT. 2899 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(b) A

DDITIONAL

IMITATION

.—Neither a bad-conduct discharge,

nor confinement for more than six months, nor forfeiture of pay

for more than six months may be adjudged if charges and specifica-

tions are referred to a special court-martial consisting of a military

judge alone under section 816(c)(2)(A) of this title (article

16(c)(2)(A)).

‘‘(c) M

ILITARY

AGISTRATE

.—If charges and specifications are

referred to a special court-martial consisting of a military judge

alone under section 816(c)(2)(A) of this title (article 16(c)(2)(A)),

the military judge, with the consent of the parties, may designate

a military magistrate to preside over the special court-martial.’’.

SEC. 5164. SUMMARY COURT-MARTIAL AS NON-CRIMINAL FORUM.

Section 820 of title 10, United States Code (article 20 of the

Uniform Code of Military Justice), is amended—

(1) by inserting ‘‘(a) I

ENERAL

.—’’ before ‘‘Subject to’’;

and

(2) by adding at the end the following new subsection:

‘‘(b) N

CRIMINAL

ORUM

.—A summary court-martial is a non-

criminal forum. A finding of guilty at a summary court-martial

does not constitute a criminal conviction.’’.

TITLE LV—COMPOSITION OF COURTS-

MARTIAL

Sec. 5181. Technical amendment relating to persons authorized to convene general

courts-martial.

Sec. 5182. Who may serve on courts-martial and related matters.

Sec. 5183. Number of court-martial members in capital cases.

Sec. 5184. Detailing, qualifications, and other matters relating to military judges.

Sec. 5185. Military magistrates.

Sec. 5186. Qualifications of trial counsel and defense counsel.

Sec. 5187. Assembly and impaneling of members and related matters.

SEC. 5181. TECHNICAL AMENDMENT RELATING TO PERSONS AUTHOR-

IZED TO CONVENE GENERAL COURTS-MARTIAL.

Section 822(a)(6) of title 10, United States Code (article 22(a)(6)

of the Uniform Code of Military Justice), is amended by striking

‘‘in chief’’.

SEC. 5182. WHO MAY SERVE ON COURTS-MARTIAL AND RELATED MAT-

TERS.

(a) W

ERVE ON

OURTS

MARTIAL

.—Subsection (c) of

section 825 of title 10, United States Code (article 25 of the Uniform

Code of Military Justice), is amended to read as follows:

‘‘(c)(1) Any enlisted member on active duty is eligible to serve

on a general or special court-martial for the trial of any other

enlisted member.

‘‘(2) Before a court-martial with a military judge and members

is assembled for trial, an enlisted member who is an accused

may personally request, orally on the record or in writing, that—

‘‘(A) the membership of the court-martial be comprised

entirely of officers; or

‘‘(B) enlisted members comprise at least one-third of the

membership of the court-martial, regardless of whether enlisted

members have been detailed to the court-martial.

‘‘(3) Except as provided in paragraph (4), after such a request,

the accused may not be tried by a general or special court-martial

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130 STAT. 2900 PUBLIC LAW 114–328—DEC. 23, 2016

if the membership of the court-martial is inconsistent with the

request.

‘‘(4) If, because of physical conditions or military exigencies,

a sufficient number of eligible officers or enlisted members, as

the case may be, is not available to carry out paragraph (2), the

trial may nevertheless be held. In that event, the convening

authority shall make a detailed written statement of the reasons

for nonavailability. The statement shall be appended to the record.’’.

(b) W

ENTENCE

.—Such section (article) is further

amended—

(1) by redesignating subsections (d) and (e) as subsections

(e) and (f), respectively; and

(2) by inserting after subsection (c) the following new sub-

section (d):

‘‘(d)(1) Except as provided in paragraph (2) for capital offenses,

the accused in a court-martial with a military judge and members

may, after the findings are announced and before any matter is

presented in the sentencing phase, request, orally on the record

or in writing, sentencing by members.

‘‘(2) In a capital case, the accused shall be sentenced by the

members for all offenses for which the court-martial may sentence

the accused to death in accordance with section 853(c) of this

title (article 53(c)).

‘‘(3) In a capital case, if the accused is convicted of a non-

capital offense, the accused shall be sentenced for such non-capital

offense in accordance with section 853(b) of this title (article 53(b)),

regardless of whether the accused is convicted of an offense for

which the court-martial may sentence the accused to death.’’.

ETAIL OF

EMBERS

.—Subsection (e) of such section

(article), as redesignated by subsection (b)(1) of this section, is

amended by adding at the end the following new paragraph:

‘‘(3) The convening authority shall detail not less than the

number of members necessary to impanel the court-martial under

section 829 of this title (article 29).’’.

SEC. 5183. NUMBER OF COURT-MARTIAL MEMBERS IN CAPITAL CASES.

Section 825a of title 10, United States Code (article 25a of

the Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 825a. Art. 25a. Number of court-martial members in capital

cases

‘‘(a) I

ENERAL

.—In a case in which the accused may be

sentenced to death, the number of members shall be 12.

‘‘(b) C

ASE

ONGER

APITAL

.—Subject to section 829 of this

title (article 29)—

‘‘(1) if a case is referred for trial as a capital case and,

before the members are impaneled, the accused may no longer

be sentenced to death, the number of members shall be eight;

and

‘‘(2) if a case is referred for trial as a capital case and,

after the members are impaneled, the accused may no longer

be sentenced to death, the number of members shall remain

12.’’.

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130 STAT. 2901 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 5184. DETAILING, QUALIFICATIONS, AND OTHER MATTERS

RELATING TO MILITARY JUDGES.

(a) D

ETAIL TO

PECIAL

OURTS

MARTIAL

.—Subsection (a) of sec-

tion 826 of title 10, United States Code (article 26 of the Uniform

Code of Military Justice), is amended—

(1) in the first sentence, by inserting after ‘‘each general’’

the following: ‘‘and special’’; and

(2) by striking the second sentence.

(b) Q

UALIFICATIONS

.—Subsection (b) of such section (article)

is amended by striking ‘‘qualified for duty’’ and inserting ‘‘qualified,

by reason of education, training, experience, and judicial tempera-

ment, for duty’’.

ETAIL AND

SSIGNMENT

.—Subsection (c) of such section

(article) is amended to read as follows:

‘‘(c)(1) In accordance with regulations prescribed under sub-

section (a), a military judge of a general or special court-martial

shall be designated for detail by the Judge Advocate General of

the armed force of which the military judge is a member.

‘‘(2) Neither the convening authority nor any member of the

staff of the convening authority shall prepare or review any report

concerning the effectiveness, fitness, or efficiency of the military

judge so detailed, which relates to the military judge’s performance

of duty as a military judge.

‘‘(3) A commissioned officer who is certified to be qualified

for duty as a military judge of a general court-martial—

‘‘(A) may perform such duties only when the officer is

assigned and directly responsible to the Judge Advocate General

of the armed force of which the military judge is a member;

and

‘‘(B) may perform duties of a judicial or nonjudicial nature

other than those relating to the officer’s primary duty as a

military judge of a general court-martial when such duties

are assigned to the officer by or with the approval of that

Judge Advocate General.

‘‘(4) In accordance with regulations prescribed by the President,

assignments of military judges under this section (article) shall

be for appropriate minimum periods, subject to such exceptions

as may be authorized in the regulations.’’.

(d) D

ETAIL TO A

IFFERENT

RMED

ORCE

.—Such section

(article) is further amended by adding at the end the following

new subsection:

‘‘(f) A military judge may be detailed under subsection (a)

to a court-martial or a proceeding under section 830a of this title

(article 30a) that is convened in a different armed force, when

so permitted by the Judge Advocate General of the armed force

of which the military judge is a member.’’.

(e) C

HIEF

RIAL

UDGES

.—Such section (article), as amended

by subsection (d), is further amended by adding at the end the

following new subsection:

‘‘(g) In accordance with regulations prescribed by the President,

each Judge Advocate General shall designate a chief trial judge

from among the members of the applicable trial judiciary.’’.

SEC. 5185. MILITARY MAGISTRATES.

Subchapter V of chapter 47 of title 10, United States Code,

is amended by inserting after section 826 (article 26 of the Uniform

Code of Military Justice) the following new section (article):

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130 STAT. 2902 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘§ 826a. Art. 26a. Military magistrates

‘‘(a) Q

UALIFICATIONS

.—A military magistrate shall be a commis-

sioned officer of the armed forces who—

‘‘(1) is a member of the bar of a Federal court or a member

of the bar of the highest court of a State; and

‘‘(2) is certified to be qualified, by reason of education,

training, experience, and judicial temperament, for duty as

a military magistrate by the Judge Advocate General of the

armed force of which the officer is a member.

‘‘(b) D

UTIES

.—In accordance with regulations prescribed by the

Secretary concerned, in addition to duties when designated under

section 819 or 830a of this title (article 19 or 30a), a military

magistrate may be assigned to perform other duties of a nonjudicial

nature.’’.

SEC. 5186. QUALIFICATIONS OF TRIAL COUNSEL AND DEFENSE

COUNSEL.

Section 827 of title 10, United States Code (article 27 of the

Uniform Code of Military Justice), is amended—

(1) in the first sentence of paragraph (2) of subsection

(a), by striking ‘‘No person’’ and all that follows through ‘‘trial

counsel,’’ the first place it appears and inserting ‘‘No person

who, with respect to a case, has served as a preliminary hearing

officer, court member, military judge, military magistrate, or

appellate judge, may later serve as trial counsel,’’;

(2) in the first sentence of subsection (b), by striking ‘‘Trial

counsel or defense counsel’’ and inserting ‘‘Trial counsel, defense

counsel, or assistant defense counsel’’; and

(3) by striking subsection (c) and inserting the following

new subsections:

‘‘(c)(1) Defense counsel and assistant defense counsel detailed

for a special court-martial shall have the qualifications set forth

in subsection (b).

‘‘(2) Trial counsel and assistant trial counsel detailed for a

special court-martial and assistant trial counsel detailed for a gen-

eral court-martial must be determined to be competent to perform

such duties by the Judge Advocate General, under such rules as

the President may prescribe.

‘‘(d) To the greatest extent practicable, in any capital case,

at least one defense counsel shall, as determined by the Judge

Advocate General, be learned in the law applicable to such cases.

If necessary, this counsel may be a civilian and, if so, may be

compensated in accordance with regulations prescribed by the Sec-

retary of Defense.’’.

SEC. 5187. ASSEMBLY AND IMPANELING OF MEMBERS AND RELATED

MATTERS.

Section 829 of title 10, United States Code (article 29 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 829. Art 29. Assembly and impaneling of members; detail

of new members and military judges

‘‘(a) A

SSEMBLY

.—The military judge shall announce the

assembly of a general or special court-martial with members. After

such a court-martial is assembled, no member may be absent,

unless the member is excused—

‘‘(1) as a result of a challenge;

10 USC 826a

note.

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130 STAT. 2903 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) under subsection (b)(1)(B); or

‘‘(3) by order of the military judge or the convening

authority for disability or other good cause.

‘‘(b) I

MPANELING

.—(1) Under rules prescribed by the President,

the military judge of a general or special court-martial with mem-

bers shall—

‘‘(A) after determination of challenges, impanel the court-

martial; and

‘‘(B) excuse the members who, having been assembled,

are not impaneled.

‘‘(2) In a general court-martial, the military judge shall

impanel—

‘‘(A) 12 members in a capital case; and

‘‘(B) eight members in a noncapital case.

‘‘(3) In a special court-martial, the military judge shall impanel

four members.

‘‘(c) A

LTERNATE

EMBERS

.—In addition to members under sub-

section (b), the military judge shall impanel alternate members,

if the convening authority authorizes alternate members.

‘‘(d) D

ETAIL OF

EMBERS

.—(1) If, after members are

impaneled, the membership of the court-martial is reduced to—

‘‘(A) fewer than 12 members with respect to a general

court-martial in a capital case;

‘‘(B) fewer than six members with respect to a general

court-martial in a noncapital case; or

‘‘(C) fewer than four members with respect to a special

court-martial;

the trial may not proceed unless the convening authority details

new members and, from among the members so detailed, the mili-

tary judge impanels new members sufficient in number to provide

the membership specified in paragraph (2).

‘‘(2) The membership referred to in paragraph (1) is as follows:

‘‘(A) 12 members with respect to a general court-martial

in a capital case.

‘‘(B) At least six but not more than eight members with

respect to a general court-martial in a noncapital case.

‘‘(C) Four members with respect to a special court-martial.

‘‘(e) D

ETAIL OF

ILITARY

UDGE

.—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) E

VIDENCE

.—(1) In the case of new members under sub-

section (d), the trial may proceed with the new members present

after the evidence previously introduced is read or, in the case

of audiotape, videotape, or similar recording, is played, in the pres-

ence of the new members, the military judge, the accused, and

counsel for both sides.

‘‘(2) In the case of a new military judge under subsection

(e), the trial shall proceed as if no evidence had been introduced,

unless the evidence previously introduced is read or, in the case

of audiotape, videotape, or similar recording, is played, in the pres-

ence of the new military judge, the accused, and counsel for both

sides.’’.

TITLE LVI—PRE-TRIAL PROCEDURE

Sec. 5201. Charges and specifications.

Sec. 5202. Certain proceedings conducted before referral.

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130 STAT. 2904 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 5203. Preliminary hearing required before referral to general court-martial.

Sec. 5204. Disposition guidance.

Sec. 5205. Advice to convening authority before referral for trial.

Sec. 5206. Service of charges and commencement of trial.

SEC. 5201. CHARGES AND SPECIFICATIONS.

Section 830 of title 10, United States Code (article 30 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 830. Art 30. Charges and specifications

‘‘(a) I

ENERAL

.—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) R

EQUIRED

ONTENT

.—The writing under subsection (a)

shall state that—

‘‘(1) the signer has personal knowledge of, or has inves-

tigated, the matters set forth in the charges and specifications;

and

‘‘(2) the matters set forth in the charges and specifications

are true, to the best of the knowledge and belief of the signer.

‘‘(c) D

UTY OF

ROPER

UTHORITY

.—When charges and specifica-

tions are preferred under subsection (a), the proper authority shall,

as soon as practicable—

‘‘(1) inform the person accused of the charges and specifica-

tions; and

‘‘(2) determine what disposition should be made of the

charges and specifications in the interest of justice and dis-

cipline.’’.

SEC. 5202. CERTAIN PROCEEDINGS CONDUCTED BEFORE REFERRAL.

Subchapter VI of chapter 47 of title 10, United States Code,

is amended by inserting after section 830 (article 30 of the Uniform

Code of Military Justice) the following new section (article):

‘‘§ 830a. Art. 30a. Certain proceedings conducted before

referral

‘‘(a) I

ENERAL

.—(1) Proceedings may be conducted to review

the following matters before referral of charges and specifications

to court-martial for trial in accordance with regulations prescribed

by the President:

‘‘(A) Pre-referral investigative subpoenas.

‘‘(B) Pre-referral warrants or orders for electronic commu-

nications.

‘‘(C) Pre-referral matters referred by an appellate court.

‘‘(2) The regulations prescribed under paragraph (1) shall—

‘‘(A) include procedures for the review of such rulings that

may be ordered under this section as the President considers

appropriate; and

‘‘(B) provide such limitations on the relief that may be

ordered under this section as the President considers appro-

priate.

‘‘(3) If any matter in a proceeding under this section becomes

a subject at issue with respect to charges that have been referred

to a general or special court-martial, the matter shall be transferred

to the military judge detailed to the court-martial.

10 USC 830a.

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130 STAT. 2905 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(b) D

ETAIL OF

ILITARY

UDGE

.—The Secretary concerned

shall prescribe regulations providing for the manner in which mili-

tary judges are detailed to proceedings under subsection (a)(1).

‘‘(c) D

ISCRETION TO

ESIGNATE

AGISTRATE TO

RESIDE

.—In

accordance with regulations prescribed by the Secretary concerned,

a military judge detailed to a proceeding under subsection (a)(1),

other than a proceeding described in subparagraph (B) of that

subsection, may designate a military magistrate to preside over

the proceeding.’’.

SEC. 5203. PRELIMINARY HEARING REQUIRED BEFORE REFERRAL TO

GENERAL COURT-MARTIAL.

(a) I

ENERAL

.—Section 832 of title 10, United States Code

(article 32 of the Uniform Code of Military Justice), is amended

by striking the section heading and subsections (a), (b), and (c)

and inserting the following:

‘‘§ 832. Art. 32. Preliminary hearing required before referral

to general court-martial

‘‘(a) I

ENERAL

.—(1)(A) Except as provided in subparagraph

(B), a preliminary hearing shall be held before referral of charges

and specifications for trial by general court-martial. The preliminary

hearing shall be conducted by an impartial hearing officer, detailed

by the convening authority in accordance with subsection (b).

‘‘(B) Under regulations prescribed by the President, a prelimi-

nary hearing need not be held if the accused submits a written

waiver to the convening authority and the convening authority

determines that a hearing is not required.

‘‘(2) The purpose of the preliminary hearing shall be limited

to determining the following:

‘‘(A) Whether or not the specification alleges an offense

under this chapter.

‘‘(B) Whether or not there is probable cause to believe

that the accused committed the offense charged.

‘‘(C) Whether or not the convening authority has court-

martial jurisdiction over the accused and over the offense.

‘‘(D) A recommendation as to the disposition that should

be made of the case.

‘‘(b) H

EARING

FFICER

.—(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));

‘‘(B) when it is not practicable to appoint a judge advocate

because of exceptional circumstances, is not a judge advocate

so certified.

‘‘(2) In the case of a hearing officer under paragraph (1)(B),

a judge advocate who is certified under section 827(b)(2) of this

title (article 27(b)(2)) shall be available to provide legal advice

to the hearing officer.

‘‘(3) Whenever practicable, the hearing officer shall be equal

in grade or senior in grade to military counsel who are detailed

to represent the accused or the Government at the preliminary

hearing.

‘‘(c) R

EPORT TO

ONVENING

UTHORITY

.—After a preliminary

hearing under this section, the hearing officer shall submit to

the convening authority a written report (accompanied by a

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130 STAT. 2906 PUBLIC LAW 114–328—DEC. 23, 2016

recording of the preliminary hearing under subsection (e)) that

includes the following:

‘‘(1) For each specification, a statement of the reasoning

and conclusions of the hearing officer with respect to determina-

tions under subsection (a)(2), including a summary of relevant

witness testimony and documentary evidence presented at the

hearing and any observations of the hearing officer concerning

the testimony of witnesses and the availability and admissi-

bility of evidence at trial.

‘‘(2) Recommendations for any necessary modifications to

the form of the charges or specifications.

‘‘(3) An analysis of any additional information submitted

after the hearing by the parties or by a victim of an offense,

that, under such rules as the President may prescribe, is rel-

evant to disposition under sections 830 and 834 of this title

(articles 30 and 34).

‘‘(4) A statement of action taken on evidence adduced with

respect to uncharged offenses, as described in subsection (f).’’.

(b) S

UNDRY

MENDMENTS

.—Subsection (d) of such section

(article) is amended—

(1) in paragraph (1), by striking ‘‘subsection (a)’’ in the

first sentence and inserting ‘‘this section’’;

(2) in paragraph (2), by striking ‘‘in defense’’ and all that

follows through the end and inserting ‘‘that is relevant to

the issues for determination under subsection (a)(2).’’;

(3) in paragraph (3), by adding at the end the following

new sentence: ‘‘A declination under this paragraph shall not

serve as the sole basis for ordering a deposition under section

849 of this title (article 49).’’; and

(4) in paragraph (4), by striking ‘‘the limited purposes

of the hearing, as provided in subsection (a)(2)’’ and inserting

‘‘determinations under subsection (a)(2)’’.

EFERENCE 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) E

FFECT OF

IOLATION

.—Subsection (g) of such section

(article) is amended by adding at the end the following new sen-

tence: ‘‘A defect in a report under subsection (c) is not a basis

for relief if the report is in substantial compliance with that sub-

section.’’.

(e) C

ONFORMING

MENDMENTS

.—The following provisions are

each amended by striking ‘‘investigating officer’’ and inserting

‘‘preliminary hearing officer’’:

(1) Section 806b(a)(3) of title 10, United States Code (article

6b(a)(3) of the Uniform Code of Military Justice).

(2) Section 825(d)(2) of such title (article 25(d)(2) of the

Uniform Code of Military Justice).

(3) Section 826(d) of such title (article 26(d) of the Uniform

Code of Military Justice).

SEC. 5204. DISPOSITION GUIDANCE.

Section 833 of title 10, United States Code (article 33 of the

Uniform Code of Military Justice), is amended to read as follows:

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130 STAT. 2907 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘§ 833. Art 33. Disposition guidance

‘‘The President shall direct the Secretary of Defense to issue,

in consultation with the Secretary of the department in which

the Coast Guard is operating when it is not operating as a service

in the Navy, non-binding guidance regarding factors that com-

manders, convening authorities, staff judge advocates, and judge

advocates should take into account when exercising their duties

with respect to disposition of charges and specifications in the

interest of justice and discipline under sections 830 and 834 of

this title (articles 30 and 34). Such guidance shall take into account,

with appropriate consideration of military requirements, the prin-

ciples contained in official guidance of the Attorney General to

attorneys for the Government with respect to disposition of Federal

criminal cases in accordance with the principle of fair and even-

handed administration of Federal criminal law.’’.

SEC. 5205. ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL

FOR TRIAL.

Section 834 of title 10, United States Code (article 34 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 834. Art. 34. Advice to convening authority before referral

for trial

‘‘(a) G

ENERAL

OURT

MARTIAL

.—

‘‘(1) S

TAFF JUDGE ADVOCATE ADVICE REQUIRED BEFORE

REFERRAL

.—Before referral of charges and specifications to a

general court-martial for trial, the convening authority shall

submit the matter to the staff judge advocate for advice, which

the staff judge advocate shall provide to the convening authority

in writing. The convening authority may not refer a specifica-

tion under a charge to a general court-martial unless the staff

judge advocate advises the convening authority in writing

that—

‘‘(A) the specification alleges an offense under this

chapter;

‘‘(B) there is probable cause to believe that the accused

committed the offense charged; and

‘‘(C) a court-martial would have jurisdiction over the

accused and the offense.

‘‘(2) S

TAFF JUDGE ADVOCATE RECOMMENDATION AS TO DIS

POSITION

.—Together with the written advice provided under

paragraph (1), the staff judge advocate shall provide a written

recommendation to the convening authority as to the disposition

that should be made of the specification in the interest of

justice and discipline.

‘‘(3) S

TAFF 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) S

PECIAL

OURT

MARTIAL

; C

ONVENING

UTHORITY

SULTATION

ITH

UDGE

DVOCATE

.—Before referral of charges and

specifications to a special court-martial for trial, the convening

authority shall consult a judge advocate on relevant legal issues.

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130 STAT. 2908 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(c) G

ENERAL AND

PECIAL

OURTS

MARTIAL

; C

ORRECTION OF

HARGES AND

PECIFICATIONS

EFORE

EFERRAL

.—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) R

EFERRAL

EFINED

.—In this section, the term ‘referral’

means the order of a convening authority that charges and specifica-

tions against an accused be tried by a specified court-martial.’’.

SEC. 5206. SERVICE OF CHARGES AND COMMENCEMENT OF TRIAL.

Section 835 of title 10, United States Code (article 35 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 835. Art. 35. Service of charges; commencement of trial

‘‘(a) I

ENERAL

.—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) C

OMMENCEMENT OF

RIAL

.—(1) Subject to paragraphs (2)

and (3), no trial or other proceeding of a general court-martial

or a special court-martial (including any session under section

839(a) of this title (article 39(a)) may be held over the objection

of the accused—

‘‘(A) with respect to a general court-martial, from the time

of service through the fifth day after the date of service; or

‘‘(B) with respect to a special court-martial, from the time

of service through the third day after the date of service.

‘‘(2) An objection under paragraph (1) may be raised only at

the first session of the trial or other proceeding and only if the

first session occurs before the end of the applicable period under

paragraph (1)(A) or (1)(B). If the first session occurs before the

end of the applicable period, the military judge shall, at that session,

inquire as to whether the defense objects under this subsection.

‘‘(3) This subsection shall not apply in time of war.’’.

TITLE LVII—TRIAL PROCEDURE

Sec. 5221. Duties of assistant defense counsel.

Sec. 5222. Sessions.

Sec. 5223. Technical amendment relating to continuances.

Sec. 5224. Conforming amendments relating to challenges.

Sec. 5225. Statute of limitations.

Sec. 5226. Former jeopardy.

Sec. 5227. Pleas of the accused.

Sec. 5228. Subpoena and other process.

Sec. 5229. Refusal of person not subject to UCMJ to appear, testify, or produce evi-

dence.

Sec. 5230. Contempt.

Sec. 5231. Depositions.

Sec. 5232. Admissibility of sworn testimony by audiotape or videotape from records

of courts of inquiry.

Sec. 5233. Conforming amendment relating to defense of lack of mental responsi-

bility.

Sec. 5234. Voting and rulings.

Sec. 5235. Votes required for conviction, sentencing, and other matters.

Sec. 5236. Findings and sentencing.

Sec. 5237. Plea agreements.

Sec. 5238. Record of trial.

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130 STAT. 2909 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 5221. DUTIES OF ASSISTANT DEFENSE COUNSEL.

Section 838(e) of title 10, United States Code (article 38(e)

of the Uniform Code of Military Justice), is amended by striking

‘‘, under the direction’’ and all that follows through ‘‘(article 27),’’.

SEC. 5222. SESSIONS.

Section 839 of title 10, United States Code (article 39 of the

Uniform Code of Military Justice), is amended—

(1) in subsection (a)—

(A) in paragraph (3)—

(i) by striking ‘‘if permitted by regulations of the

Secretary concerned,’’; and

(ii) by striking ‘‘and’’ at the end;

(B) by redesignating paragraph (4) as paragraph (5);

and

paragraph (4):

‘‘(4) conducting a sentencing proceeding and sentencing

the accused in non-capital cases unless the accused requests

sentencing by members under section 825 of this title (article

25); and’’; and

(2) in the second sentence of subsection (c), by striking

‘‘, in cases in which a military judge has been detailed to

the court,’’.

SEC. 5223. TECHNICAL AMENDMENT RELATING TO CONTINUANCES.

Section 840 of title 10, United States Code (article 40 of the

Uniform Code of Military Justice), is amended by striking ‘‘court-

martial without a military judge’’ and inserting ‘‘summary court-

martial’’.

SEC. 5224. CONFORMING AMENDMENTS RELATING TO CHALLENGES.

Section 841 of title 10, United States Code (article 41 of the

Uniform Code of Military Justice), is amended—

(1) in subsection (a)(1), by striking ‘‘, or, if none, the court,’’

in the second sentence;

(2) in subsection (a)(2), by striking ‘‘minimum’’ in the first

sentence; and

(3) in subsection (b)(2), by striking ‘‘minimum’’.

SEC. 5225. STATUTE OF LIMITATIONS.

(a) I

NCREASE IN

ERIOD FOR

HILD

BUSE

FFENSES

.—Sub-

section (b)(2)(A) of section 843 of title 10, United States Code

(article 43 of the Uniform Code of Military Justice), is amended

by striking ‘‘five years’’ and inserting ‘‘ten years’’.

(b) I

NCREASE IN

ERIOD FOR

RAUDULENT

NLISTMENT OR

PPOINTMENT

FFENSES

.—Such section (article) is further amended

by adding at the end the following new subsection:

‘‘(h) F

RAUDULENT

NLISTMENT OR

PPOINTMENT

.—A person

charged with fraudulent enlistment or fraudulent appointment

under section 904a(1) of this title (article 104a(1)) may be tried

by court-martial if the sworn charges and specifications are received

by an officer exercising summary court-martial jurisdiction with

respect to that person, as follows:

‘‘(1) In the case of an enlisted member, during the period

of the enlistment or five years, whichever provides a longer

period.

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130 STAT. 2910 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) In the case of an officer, during the period of the

appointment or five years, whichever provides a longer period.’’.

VIDENCE

.—Such section (article), as amended by sub-

section (b) of this section, is further amended by adding at the

end the following new subsection:

‘‘(i) D

VIDENCE

.—If DNA testing implicates an identified

person in the commission of an offense punishable by confinement

for more than one year, no statute of limitations that would other-

wise preclude prosecution of the offense shall preclude such prosecu-

tion until a period of time following the implication of the person

by DNA testing has elapsed that is equal to the otherwise applicable

limitation period.’’.

(d) C

ONFORMING

MENDMENTS

.—Subsection (b)(2)(B) of such

section (article) is amended by striking clauses (i) through (v) and

inserting the following new clauses:

‘‘(i) Any offense in violation of section 920, 920a, 920b,

920c, or 930 of this title (article 120, 120a, 120b, 120c, or

130), unless the offense is covered by subsection (a).

‘‘(ii) Maiming in violation of section 928a of this title (article

128a).

‘‘(iii) Aggravated assault, assault consummated by a bat-

tery, or assault with intent to commit specified offenses in

violation of section 928 of this title (article 128).

‘‘(iv) Kidnapping in violation of section 925 of this title

(article 125).’’.

(e) S

UBSECTION

EADING

MENDMENTS FOR

TYLISTIC

ONSIST

ENCY

.—Such section (article) is further amended—

(1) in subsection (a), by inserting ‘‘N

IMITATION FOR

ERTAIN

FFENSES

.—’’ after ‘‘(a)’’;

(2) in subsection (b), by inserting ‘‘F

IVE

YEAR

IMITATION

FOR

RIAL BY

OURT

MARTIAL

.—’’ after ‘‘(b)’’;

(3) in subsection (c), by inserting ‘‘T

OLLING FOR

BSENCE

ITHOUT

EAVE OR

LIGHT

ROM

USTICE

.—’’ after ‘‘(c)’’;

(4) in subsection (d), by inserting ‘‘T

OLLING FOR

BSENCE

ROM

ILITARY

URISDICTION

.—’’ after ‘‘(d)’’;

(5) in subsection (e), by inserting ‘‘E

XTENSION FOR

FFENSES IN

IME OF

ETRIMENTAL TO

ROSECUTION OF

.—’’ after ‘‘(e)’’;

(6) in subsection (f), by inserting ‘‘E

XTENSION FOR

THER

FFENSES IN

IME OF

.—’’ after ‘‘(f)’’; and

(7) in subsection (g), by inserting ‘‘D

EFECTIVE OR

NSUFFI

CIENT

HARGES

.—’’ after ‘‘(g)’’.

(f) A

PPLICATION

.—The amendments made by subsections (a),

(b), (c), and (d) shall apply to the prosecution of any offense com-

mitted before, on, or after the date of the enactment of this sub-

section if the applicable limitation period has not yet expired.

SEC. 5226. FORMER JEOPARDY.

Subsection (c) of section 844 of title 10, United States Code

(article 44 of the Uniform Code of Military Justice), is amended

to read as follows:

‘‘(c)(1) A court-martial with a military judge alone is a trial

in the sense of this section (article) if, without fault of the accused—

‘‘(A) after introduction of evidence; and

‘‘(B) before announcement of findings under section 853

of this title (article 53);

10 USC 843 note.

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130 STAT. 2911 PUBLIC LAW 114–328—DEC. 23, 2016

the case is dismissed or terminated by the convening authority

or on motion of the prosecution for failure of available evidence

or witnesses.

‘‘(2) A court-martial with a military judge and members is

a trial in the sense of this section (article) if, without fault of

the accused—

‘‘(A) after the members, having taken an oath as members

under section 842 of this title (article 42) and after completion

of challenges under section 841 of this title (article 41), are

impaneled; and

‘‘(B) before announcement of findings under section 853

of this title (article 53);

the case is dismissed or terminated by the convening authority

or on motion of the prosecution for failure of available evidence

or witnesses.’’.

SEC. 5227. PLEAS OF THE ACCUSED.

(a) P

LEAS OF

UILTY

.—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) H

ARMLESS

RROR

.—Such section (article) is further

amended by adding at the end the following new subsection:

‘‘(c) H

ARMLESS

RROR

.—A variance from the requirements of

this article is harmless error if the variance does not materially

prejudice the substantial rights of the accused.’’.

UBSECTION

EADING

MENDMENTS FOR

TYLISTIC

ONSIST

ENCY

.—Such section (article) is further amended—

(1) in subsection (a), by inserting ‘‘I

RREGULAR AND

IMILAR

LEAS

.—’’ after ‘‘(a)’’; and

(2) in subsection (b), by inserting ‘‘P

LEAS OF

UILTY

.—

’’ after ‘‘(b)’’.

SEC. 5228. SUBPOENA AND OTHER PROCESS.

(a) A

MENDMENTS TO

UCMJ A

RTICLE

.—

(1) I

N GENERAL

.—Subsection (a) of section 846 of title 10,

United States Code (article 46 of the Uniform Code of Military

Justice), is amended by striking ‘‘The counsel for the Govern-

ment, the counsel for the accused,’’ and inserting ‘‘In a case

referred for trial by court-martial, the trial counsel, the defense

counsel,’’.

(2) S

UBPOENA AND OTHER PROCESS GENERALLY

.—Subsection

(b) of such section (article) is amended to read as follows:

‘‘(b) S

UBPOENA AND

THER

ROCESS

ENERALLY

.—Any sub-

poena or other process issued under this section (article)—

‘‘(1) shall be similar to that which courts of the United

States having criminal jurisdiction may issue;

‘‘(2) shall be executed in accordance with regulations pre-

scribed by the President; and

‘‘(3) shall run to any part of the United States and to

the Commonwealths and possessions of the United States.’’.

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130 STAT. 2912 PUBLIC LAW 114–328—DEC. 23, 2016

(3) S

UBPOENA AND OTHER PROCESS FOR WITNESSES

.—Sub-

section (c) of such section (article) is amended to read as follows:

‘‘(c) S

UBPOENA AND

THER

ROCESS FOR

ITNESSES

.—A sub-

poena or other process may be issued to compel a witness to

appear and testify—

‘‘(1) before a court-martial, military commission, or court

of inquiry;

‘‘(2) at a deposition under section 849 of this title (article

49); or

‘‘(3) as otherwise authorized under this chapter.’’.

(4) O

THER MATTERS

.—Such section (article) is further

amended by adding at the end the following new subsections:

‘‘(d) S

UBPOENA AND

THER

ROCESS FOR

VIDENCE

.—

‘‘(1) I

N GENERAL

.—A subpoena or other process may be

issued to compel the production of evidence—

‘‘(A) for a court-martial, military commission, or court

of inquiry;

‘‘(B) for a deposition under section 849 of this title

(article 49);

‘‘(C) for an investigation of an offense under this

chapter; or

‘‘(D) as otherwise authorized under this chapter.

‘‘(2) I

NVESTIGATIVE SUBPOENA

.—An investigative subpoena

under paragraph (1)(C) may be issued before referral of charges

to a court-martial only if a general court-martial convening

authority has authorized counsel for the Government to issue

such a subpoena or a military judge issues such a subpoena

pursuant to section 830a of this title (article 30a).

‘‘(3) W

ARRANT OR ORDER FOR WIRE OR ELECTRONIC COMMU

NICATIONS

.—With respect to an investigation of an offense

under this chapter, a military judge detailed in accordance

with section 826 or 830a of this title (article 26 or 30a) may

issue warrants or court orders for the contents of, and records

concerning, wire or electronic communications in the same

manner as such warrants and orders may be issued by a

district court of the United States under chapter 121 of title

18, subject to such limitations as the President may prescribe

by regulation.

‘‘(e) R

EQUEST FOR

ELIEF

ROM

UBPOENA OR

THER

ROCESS

.—If a person requests relief from a subpoena or other

process under this section (article) on grounds that compliance

is unreasonable or oppressive or is prohibited by law, a military

judge detailed in accordance with section 826 or 830a of this title

(article 26 or 30a) shall review the request and shall—

‘‘(1) order that the subpoena or other process be modified

or withdrawn, as appropriate; or

‘‘(2) order the person to comply with the subpoena or other

process.’’.

(5) S

ECTION HEADING

.—The heading of such section (article)

is amended to read as follows:

‘‘§ 846. Art. 46. Opportunity to obtain witnesses and other

evidence in trials by court-martial’’.

(b) C

ONFORMING

MENDMENTS TO

ITLE

18, U

NITED

TATES

ODE

.—

(1) Section 2703 of title 18, United States Code, is

amended—

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130 STAT. 2913 PUBLIC LAW 114–328—DEC. 23, 2016

(A) in the first sentence of subsection (a);

(B) in subsection (b)(1)(A); and

by inserting after ‘‘warrant procedures’’ the following: ‘‘and,

in the case of a court-martial or other proceeding under chapter

47 of title 10 (the Uniform Code of Military Justice), issued

under section 846 of that title, in accordance with regulations

prescribed by the President’’.

(2) Section 2711(3) of title 18, United States Code, is

amended—

(A) in subparagraph (A), by striking ‘‘or’’ at the end;

(B) in subparagraph (B), by striking ‘‘and’’ at the end

and inserting ‘‘or’’; and

graph:

‘‘(C) a court-martial or other proceeding under chapter

47 of title 10 (the Uniform Code of Military Justice) to

which a military judge has been detailed; and’’.

SEC. 5229. REFUSAL OF PERSON NOT SUBJECT TO UCMJ TO APPEAR,

TESTIFY, OR PRODUCE EVIDENCE.

(a) I

ENERAL

.—Subsection (a) of section 847 of title 10,

United States Code (article 47 of the Uniform Code of Military

Justice), is amended to read as follows:

‘‘(a) I

ENERAL

.—(1) Any person described in paragraph (2)

who—

‘‘(A) willfully neglects or refuses to appear; or

‘‘(B) willfully refuses to qualify as a witness or to testify

or to produce any evidence which that person is required to

produce;

is guilty of an offense against the United States.

‘‘(2) The persons referred to in paragraph (1) are the following:

‘‘(A) Any person not subject to this chapter who—

‘‘(i) is issued a subpoena or other process described

in subsection (c) of section 846 of this title (article 46);

and

‘‘(ii) is provided a means for reimbursement from the

Government for fees and mileage at the rates allowed to

witnesses attending the courts of the United States or,

in the case of extraordinary hardship, is advanced such

fees and mileage.

‘‘(B) Any person not subject to this chapter who is issued

a subpoena or other process described in subsection (d) of

section 846 of this title (article 46).’’.

(b) S

ECTION

EADING

.—The heading of such section (article)

is amended to read as follows:

‘‘§ 847. Art. 47. Refusal of person not subject to chapter to

appear, testify, or produce evidence’’.

SEC. 5230. CONTEMPT.

(a) A

UTHORITY

UNISH

.—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) A

UTHORITY

UNISH

.—(1) With respect to any proceeding

under this chapter, a judicial officer specified in paragraph (2)

may punish for contempt any person who—

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130 STAT. 2914 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) uses any menacing word, sign, or gesture in the pres-

ence of the judicial officer during the proceeding;

‘‘(B) disturbs the proceeding by any riot or disorder; or

‘‘(C) willfully disobeys a lawful writ, process, order, rule,

decree, or command issued with respect to the proceeding.

‘‘(2) A judicial officer referred to in paragraph (1) is any of

the following:

‘‘(A) Any judge of the Court of Appeals for the Armed

Forces and any judge of a Court of Criminal Appeals under

section 866 of this title (article 66).

‘‘(B) Any military judge detailed to a court-martial, a pro-

vost court, a military commission, or any other proceeding

under this chapter.

‘‘(C) Any military magistrate designated to preside under

section 819 of this title (article 19).

‘‘(D) The president of a court of inquiry.’’.

(b) R

EVIEW

.—Such section (article) is further amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following new sub-

section (c):

‘‘(c) R

EVIEW

.—A punishment under this section—

‘‘(1) if imposed by a military judge or military magistrate,

may be reviewed by the Court of Criminal Appeals in accord-

ance with the uniform rules of procedure for the Courts of

Criminal Appeals under section 866(g) of this title (article

66(g));

‘‘(2) if imposed by a judge of the Court of Appeals for

the Armed Forces or a judge of a Court of Criminal Appeals,

shall constitute a judgment of the court, subject to review

under the applicable provisions of section 867 or 867a of this

title (article 67 or 67a); and

‘‘(3) if imposed by a court of inquiry, shall be subject

to review by the convening authority in accordance with rules

prescribed by the President.’’.

ECTION

EADING

.—The heading of such section (article)

is amended to read as follows:

‘‘§ 848. Art. 48. Contempt’’.

SEC. 5231. DEPOSITIONS.

Section 849 of title 10, United States Code (article 49 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 849. Art. 49. Depositions

‘‘(a) I

ENERAL

.—(1) Subject to paragraph (2), a convening

authority or a military judge may order depositions at the request

of any party.

‘‘(2) A deposition may be ordered under paragraph (1) only

if the requesting party demonstrates that, due to exceptional cir-

cumstances, it is in the interest of justice that the testimony of

a prospective witness be preserved for use at a court-martial, mili-

tary commission, court of inquiry, or other military court or board.

‘‘(3) A party who requests a deposition under this section shall

give to every other party reasonable written notice of the time

and place for the deposition.

‘‘(4) A deposition under this section shall be taken before,

and authenticated by, an impartial officer, as follows:

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130 STAT. 2915 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(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) R

EPRESENTATION BY

OUNSEL

.—Representation of the par-

ties with respect to a deposition shall be by counsel detailed in

the same manner as trial counsel and defense counsel are detailed

under section 827 of this title (article 27). In addition, the accused

shall have the right to be represented by civilian or military counsel

in the same manner as such counsel are provided for in section

838(b) of this title (article 38(b)).

‘‘(c) A

DMISSIBILITY AND

SE AS

VIDENCE

.—A deposition order

under subsection (a) does not control the admissibility of the deposi-

tion in a court-martial or other proceeding under this chapter.

Except as provided by subsection (d), a party may use all or part

of a deposition as provided by the rules of evidence.

‘‘(d) C

APITAL

ASES

.—Testimony by deposition may be pre-

sented in capital cases only by the defense.’’.

SEC. 5232. ADMISSIBILITY OF SWORN TESTIMONY BY AUDIOTAPE OR

VIDEOTAPE FROM RECORDS OF COURTS OF INQUIRY.

(a) I

ENERAL

.—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) A

UDIOTAPE OR

IDEOTAPE

.—Sworn testimony that—

‘‘(1) is recorded by audiotape, videotape, or similar method;

and

‘‘(2) is contained in the duly authenticated record of pro-

ceedings of a court of inquiry;

is admissible before a court-martial, military commission, court

of inquiry, or military board, to the same extent as sworn testimony

may be read in evidence before any such body under subsection

(a), (b), or (c).’’.

(b) S

ECTION

EADING

.—The heading of such section (article)

is amended to read as follows:

‘‘§ 850. Art. 50. Admissibility of sworn testimony from records

of courts of inquiry’’.

UBSECTION

EADING

MENDMENTS FOR

TYLISTIC

ONSIST

ENCY

.—Such section (article) is further amended—

(1) in subsection (a), by inserting ‘‘U

SE AS

VIDENCE BY

ARTY

.—’’ after ‘‘(a)’’;

(2) in subsection (b), by inserting ‘‘U

SE AS

VIDENCE BY

EFENSE

.—’’ after ‘‘(b)’’; and

(3) in subsection (c), by inserting ‘‘U

SE IN

OURTS OF

NQUIRY AND

ILITARY

OARDS

.—’’ after ‘‘(c)’’.

SEC. 5233. CONFORMING AMENDMENT RELATING TO DEFENSE OF

LACK OF MENTAL RESPONSIBILITY.

Section 850a(c) of title 10, United States Code (article 50a(c)

of the Uniform Code of Military Justice), is amended by striking

‘‘, or the president of a court-martial without a military judge,’’.

SEC. 5234. VOTING AND RULINGS.

Section 851 of title 10, United States Code (article 51 of the

Uniform Code of Military Justice), is amended—

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130 STAT. 2916 PUBLIC LAW 114–328—DEC. 23, 2016

(1) in subsection (a), by striking ‘‘, and by members of

a court-martial without a military judge upon questions of

challenge,’’ in the first sentence;

(2) in subsection (b)—

(A) in the first sentence, by striking ‘‘and, except for

questions of challenge, the president of a court-martial

without a military judge’’; and

(B) in the second sentence, by striking ‘‘, or by the

president’’ and all that follows through the end of the

subsection and inserting ‘‘is final and constitutes the ruling

of the court, except that the military judge may change

a ruling at any time during trial.’’; and

(3) in subsection (c), by striking ‘‘or the president of a

court-martial without a military judge’’ in the matter before

paragraph (1).

SEC. 5235. VOTES REQUIRED FOR CONVICTION, SENTENCING, AND

OTHER MATTERS.

Section 852 of title 10, United States Code (article 52 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 852. Art. 52. Votes required for conviction, sentencing,

and other matters

‘‘(a) I

ENERAL

.—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) L

EVEL OF

ONCURRENCE

EQUIRED

.—

‘‘(1) I

N 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) S

ENTENCING

.—A sentence of death requires (A) a

unanimous finding of guilty of an offense in this chapter

expressly made punishable by death and (B) a unanimous

determination by the members that the sentence for that

offense shall include death. All other sentences imposed by

members shall be determined by the concurrence of at least

three-fourths of the members present when the vote is taken.’’.

SEC. 5236. FINDINGS AND SENTENCING.

Section 853 of title 10, United States Code (article 53 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 853. Art. 53. Findings and sentencing

‘‘(a) A

NNOUNCEMENT

.—A court-martial shall announce its

findings and sentence to the parties as soon as determined.

‘‘(b) S

ENTENCING

ENERALLY

.—

‘‘(1) G

ENERAL AND SPECIAL COURTS

MARTIAL

.—

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130 STAT. 2917 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) S

ENTENCING BY MILITARY JUDGE

.—Except as pro-

vided in subparagraph (B), and in subsection (c) for capital

offenses, if the accused is convicted of an offense in a

trial by general or special court-martial, the military judge

shall sentence the accused.

‘‘(B) S

ENTENCING BY MEMBERS

.—If the accused is con-

victed of an offense in a trial by general or special court-

martial consisting of a military judge and members and

the accused elects sentencing by members under section

825 of this title (article 25), the members shall sentence

the accused.

‘‘(C) S

ENTENCE OF THE ACCUSED

.—The sentence deter-

mined pursuant to this paragraph constitutes the sentence

of the accused.

‘‘(2) S

UMMARY COURTS

MARTIAL

.—If the accused is convicted

of an offense in a trial by summary court-martial, the court-

martial shall sentence the accused.

‘‘(c) S

ENTENCING FOR

APITAL

FFENSES

.—

‘‘(1) I

N GENERAL

.—In a capital case, if the accused is con-

victed of an offense for which the court-martial may sentence

the accused to death, the members shall determine whether

the sentence for that offense shall be death or a lesser author-

ized punishment.

‘‘(2) L

ESSER AUTHORIZED PUNISHMENTS

.—In accordance

with regulations prescribed by the President, the court-martial

may include in any sentence to death or life in prison without

eligibility for parole other lesser punishments authorized under

this chapter.

‘‘(3) O

THER NON

CAPITAL OFFENSES

.—In a capital case, if

the accused is convicted of a non-capital offense, the accused

shall be sentenced for such non-capital offense in accordance

with subsection (b), regardless of whether the accused is con-

victed of an offense for which the court-martial may sentence

the accused to death.’’.

SEC. 5237. PLEA AGREEMENTS.

Subchapter VII of chapter 47 of title 10, United States Code,

is amended by inserting after section 853 (article 53 of the Uniform

Code of Military Justice), as amended by section 5236 of this

Act, the following new section (article):

‘‘§ 853a. Art. 53a. Plea agreements

‘‘(a) I

ENERAL

.—(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) L

IMITATION ON

CCEPTANCE OF

LEA

GREEMENTS

.—The

military judge of a general or special court-martial shall reject

a plea agreement that—

10 USC 853a.

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130 STAT. 2918 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(1) contains a provision that has not been accepted by

both parties;

‘‘(2) contains a provision that is not understood by the

accused; or

‘‘(3) except as provided in subsection (c), contains a provi-

sion for a sentence that is less than the mandatory minimum

sentence applicable to an offense referred to in section 856(b)(2)

of this title (article 56(b)(2)).

‘‘(c) L

IMITED

ONDITIONS FOR

CCEPTANCE OF

LEA

GREEMENT

FOR

ENTENCE

ELOW

ANDATORY

INIMUM FOR

ERTAIN

FFENSES

.—With respect to an offense referred to in section

856(b)(2) of this title (article 56(b)(2))—

‘‘(1) the military judge may accept a plea agreement that

provides for a sentence of bad conduct discharge; and

‘‘(2) upon recommendation of the trial counsel, in exchange

for substantial assistance by the accused in the investigation

or prosecution of another person who has committed an offense,

the military judge may accept a plea agreement that provides

for a sentence that is less than the mandatory minimum sen-

tence for the offense charged.

‘‘(d) B

INDING

FFECT OF

LEA

GREEMENT

.—Upon acceptance

by the military judge of a general or special court-martial, a plea

agreement shall bind the parties and the military judge.’’.

SEC. 5238. RECORD OF TRIAL.

Section 854 of title 10, United States Code (article 54 of the

Uniform Code of Military Justice), is amended—

(1) by striking subsection (a) and inserting the following

new subsection (a):

‘‘(a) G

ENERAL AND

PECIAL

OURTS

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) S

UMMARY

OURTS

MARTIAL

.—

Each summary court-martial’’; and

(B) by striking ‘‘authenticated’’ and inserting ‘‘cer-

tified’’;

(3) by striking subsection (c) and inserting the following

new subsection (c):

‘‘(c) C

ONTENTS OF

ECORD

.—(1) Except as provided in para-

graph (2), the record shall contain such matters as the President

may prescribe by regulation.

‘‘(2) In accordance with regulations prescribed by the President,

a complete record of proceedings and testimony shall be prepared

in any case of a sentence of death, dismissal, discharge, confinement

for more than six months, or forfeiture of pay for more than six

months.’’;

(4) in subsection (d)—

(A) by striking ‘‘(d) A copy’’ and inserting ‘‘(d) C

OPY

CCUSED

.—A copy’’; and

(B) by striking ‘‘authenticated’’ and inserting ‘‘cer-

tified’’; and

(5) in subsection (e)—

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130 STAT. 2919 PUBLIC LAW 114–328—DEC. 23, 2016

(A) by striking ‘‘(e) In the case’’ and inserting ‘‘(e)

OPY TO

ICTIM

.—In the case’’;

(B) by striking ‘‘involving a sexual assault or other

offense covered by section 920 of this title (article 120),’’

in the first sentence and inserting ‘‘, upon request,’’; and

and inserting ‘‘certified’’.

TITLE LVIII—SENTENCES

Sec. 5301. Sentencing.

Sec. 5302. Effective date of sentences.

Sec. 5303. Sentence of reduction in enlisted grade.

SEC. 5301. SENTENCING.

(a) I

ENERAL

.—Section 856 of title 10, United States Code

(article 56 of the Uniform Code of Military Justice), is amended

to read as follows:

‘‘§ 856. Art. 56. Sentencing

‘‘(a) S

ENTENCE

AXIMUMS

.—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) S

ENTENCE

INIMUMS FOR

ERTAIN

FFENSES

.—(1) Except

as provided in subsection (d) of section 853a of this title (article

53a), punishment for any offense specified in paragraph (2) shall

include dismissal or dishonorable discharge, as applicable.

‘‘(2) The offenses referred to in paragraph (1) are as follows:

‘‘(A) Rape under subsection (a) of section 920 of this title

(article 120).

‘‘(B) Sexual assault under subsection (b) of such section

(article).

‘‘(C) Rape of a child under subsection (a) of section 920b

of this title (article 120b).

‘‘(D) Sexual assault of a child under subsection (b) of such

section (article).

‘‘(E) An attempt to commit an offense specified in subpara-

graph (A), (B), (C), or (D) that is punishable under section

880 of this title (article 80).

‘‘(F) Conspiracy to commit an offense specified in subpara-

graph (A), (B), (C), or (D) that is punishable under section

881 of this title (article 81).

‘‘(c) I

MPOSITION OF

ENTENCE

.—

‘‘(1) I

N GENERAL

.—In sentencing an accused under section

853 of this title (article 53), a court-martial shall impose punish-

ment that is sufficient, but not greater than necessary, to

promote justice and to maintain good order and discipline in

the armed forces, taking into consideration—

‘‘(A) the nature and circumstances of the offense and

the history and characteristics of the accused;

‘‘(B) the impact of the offense on—

‘‘(i) the financial, social, psychological, or medical

well-being of any victim of the offense; and

‘‘(ii) the mission, discipline, or efficiency of the

command of the accused and any victim of the offense;

‘‘(C) the need for the sentence—

‘‘(i) to reflect the seriousness of the offense;

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130 STAT. 2920 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(ii) to promote respect for the law;

‘‘(iii) to provide just punishment for the offense;

‘‘(iv) to promote adequate deterrence of misconduct;

‘‘(v) to protect others from further crimes by the

accused;

‘‘(vi) to rehabilitate the accused; and

‘‘(vii) to provide, in appropriate cases, the oppor-

tunity for retraining and return to duty to meet the

needs of the service; and

‘‘(D) the sentences available under this chapter.

‘‘(2) S

ENTENCING BY MILITARY JUDGE

.—In announcing the

sentence in a general or special court-martial in which the

accused is sentenced by a military judge alone under section

853 of this title (article 53), the military judge shall, with

respect to each offense of which the accused is found guilty,

specify the term of confinement, if any, and the amount of

the fine, if any. If the accused is sentenced to confinement

for more than one offense, the military judge shall specify

whether the terms of confinement are to run consecutively

or concurrently.

‘‘(3) S

ENTENCING BY MEMBERS

.—In a general or special

court-martial in which the accused has elected sentencing by

members, the court-martial shall announce a single sentence

for all of the offenses of which the accused was found guilty.

‘‘(4) S

ENTENCE OF CONFINEMENT FOR LIFE WITHOUT ELIGI

BILITY FOR PAROLE

.—(A) If an offense is subject to a sentence

of confinement for life, a court-martial may impose a sentence

of confinement for life without eligibility for parole.

‘‘(B) An accused who is sentenced to confinement for life

without eligibility for parole shall be confined for the remainder

of the accused’s life unless—

‘‘(i) the sentence is set aside or otherwise modified

as a result of—

‘‘(I) action taken by the convening authority or

the Secretary concerned; or

‘‘(II) any other action taken during post-trial proce-

dure and review under any other provision of sub-

chapter IX of this chapter;

‘‘(ii) the sentence is set aside or otherwise modified

as a result of action taken by a Court of Criminal Appeals,

the Court of Appeals for the Armed Forces, or the Supreme

Court; or

‘‘(iii) the accused is pardoned.

‘‘(d) A

PPEAL OF

ENTENCE BY THE

NITED

TATES

.—(1) With

the approval of the Judge Advocate General concerned, the Govern-

ment may appeal a sentence to the Court of Criminal Appeals,

on the grounds that—

‘‘(A) the sentence violates the law; or

‘‘(B) the sentence is plainly unreasonable.

‘‘(2) An appeal under this subsection must be filed within

60 days after the date on which the judgment of a court-martial

is entered into the record under section 860c of this title (article

60c).’’.

(b) C

ONFORMING

MENDMENT

.—Section 856a of title 10, United

States Code (article 56a of the Uniform Code of Military Justice),

is repealed.

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130 STAT. 2921 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 5302. EFFECTIVE DATE OF SENTENCES.

(a) I

ENERAL

.—Section 857 of title 10, United States Code

(article 57 of the Uniform Code of Military Justice), is amended

to read as follows:

‘‘§ 857. Art. 57. Effective date of sentences

‘‘(a) E

XECUTION OF

ENTENCES

.—A court-martial sentence shall

be executed and take effect as follows:

‘‘(1) F

ORFEITURE 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) C

ONFINEMENT

.—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) A

PPROVAL 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) A

PPROVAL OF DISMISSAL

.—If in the case of a commis-

sioned officer, cadet, or midshipman, the sentence of a court-

martial extends to dismissal, that part of the sentence providing

for dismissal may not be executed until approved by the Sec-

retary concerned or such Under Secretary or Assistant Sec-

retary as may be designated by the Secretary concerned. In

such a case, the Secretary, Under Secretary, or Assistant Sec-

retary, as the case may be, may commute, remit, or suspend

the sentence, or any part of the sentence, as the Secretary

sees fit. In time of war or national emergency he may commute

a sentence of dismissal to reduction to any enlisted grade.

A person so reduced may be required to serve for the duration

of the war or emergency and six months thereafter.

‘‘(5) C

OMPLETION OF APPELLATE REVIEW

.—If a sentence

extends to death, dismissal, or a dishonorable or bad-conduct

discharge, that part of the sentence extending to death, dis-

missal, or a dishonorable or bad-conduct discharge may be

executed, in accordance with service regulations, after comple-

tion of appellate review (and, with respect to death or dismissal,

approval under paragraph (3) or (4), as appropriate).

‘‘(6) O

THER SENTENCES

.—Except as otherwise provided in

this subsection, a general or special court-martial sentence

is effective upon entry of judgment and a summary court-

martial sentence is effective when the convening authority acts

on the sentence.

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130 STAT. 2922 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(b) D

EFERRAL OF

ENTENCES

.—

‘‘(1) I

N GENERAL

.—On application by an accused, the con-

vening authority or, if the accused is no longer under his

or her jurisdiction, the officer exercising general court-martial

jurisdiction over the command to which the accused is currently

assigned, may, in his or her sole discretion, defer the effective

date of a sentence of confinement, reduction, or forfeiture. The

deferment shall terminate upon entry of judgment or, in the

case of a summary court-martial, when the convening authority

acts on the sentence. The deferment may be rescinded at any

time by the officer who granted it or, if the accused is no

longer under his jurisdiction, by the officer exercising general

court-martial jurisdiction over the command to which the

accused is currently assigned.

‘‘(2) D

EFERRAL OF CERTAIN PERSONS SENTENCED TO

CONFINEMENT

.—In any case in which a court-martial sentences

a person referred to in paragraph (3) to confinement, the con-

vening authority may defer the service of the sentence to

confinement, without the consent of that person, until after

the person has been permanently released to the armed forces

by a State or foreign country referred to in that paragraph.

‘‘(3) C

OVERED PERSONS

.—Paragraph (2) applies to a person

subject to this chapter who—

‘‘(A) while in the custody of a State or foreign country

is temporarily returned by that State or foreign country

to the armed forces for trial by court-martial; and

‘‘(B) after the court-martial, is returned to that State

or foreign country under the authority of a mutual agree-

ment or treaty, as the case may be.

‘‘(4) S

TATE DEFINED

.—In this subsection, the term ‘State’

includes the District of Columbia and any Commonwealth, terri-

tory, or possession of the United States.

‘‘(5) D

EFERRAL WHILE REVIEW PENDING

.—In any case in

which a court-martial sentences a person to confinement, but

in which review of the case under section 867(a)(2) of this

title (article 67(a)(2)) is pending, the Secretary concerned may

defer further service of the sentence to confinement while that

review is pending.

‘‘(c) A

PPELLATE

EVIEW

.—

‘‘(1) C

OMPLETION OF APPELLATE REVIEW

.—Appellate review

is complete under this section when—

‘‘(A) a review under section 865 of this title (article

65) is completed; or

‘‘(B) a review under section 866 of this title (article

66) is completed by a Court of Criminal Appeals and—

‘‘(i) the time for the accused to file a petition for

review by the Court of Appeals for the Armed Forces

has expired and the accused has not filed a timely

petition for such review and the case is not otherwise

under review by that Court;

‘‘(ii) such a petition is rejected by the Court of

Appeals for the Armed Forces; or

‘‘(iii) review is completed in accordance with the

judgment of the Court of Appeals for the Armed Forces

and—

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130 STAT. 2923 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(I) a petition for a writ of certiorari is not

filed within the time limits prescribed by the

Supreme Court;

‘‘(II) such a petition is rejected by the Supreme

Court; or

‘‘(III) review is otherwise completed in accord-

ance with the judgment of the Supreme Court.

‘‘(2) C

OMPLETION AS FINAL JUDGMENT OF LEGALITY OF PRO

CEEDINGS

.—The completion of appellate review shall constitute

a final judgment as to the legality of the proceedings.’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) Subchapter VIII of chapter 47 of title 10, United States

Code, is amended by striking section 857a (article 57a of the

Uniform Code of Military Justice).

(2) Subchapter IX of chapter 47 of title 10, United States

Code, is amended by striking section 871 (article 71 of the

Uniform Code of Military Justice).

(3) The second sentence of subsection (a)(1) of section 858b

of title 10, United States Code (article 58b of the Uniform

Code of Military Justice), is amended by striking ‘‘section 857(a)

of this title (article 57(a))’’ and inserting ‘‘section 857 of this

title (article 57)’’.

SEC. 5303. SENTENCE OF REDUCTION IN ENLISTED GRADE.

Section 858a of title 10, United States Code (article 58a of

the Uniform Code of Military Justice), is amended—

(1) in subsection (a)—

(A) by striking ‘‘Unless otherwise provided in regula-

tions to be prescribed by the Secretary concerned, a’’ and

inserting ‘‘A’’;

(B) by striking ‘‘as approved by the convening

authority’’ and inserting ‘‘as set forth in the judgment

of the court-martial entered into the record under section

860c of this title (article 60c)’’; and

that approval’’ and inserting ‘‘on which the judgment is

so entered’’; and

(2) in subsection (b), by striking ‘‘disapproved, or, as finally

approved’’ and inserting ‘‘reduced, or, as finally affirmed’’.

TITLE LIX—POST-TRIAL PROCEDURE

AND REVIEW OF COURTS-MARTIAL

Sec. 5321. Post-trial processing in general and special courts-martial.

Sec. 5322. Limited authority to act on sentence in specified post-trial cir-

cumstances.

Sec. 5323. Post-trial actions in summary courts-martial and certain general and

special courts-martial.

Sec. 5324. Entry of judgment.

Sec. 5325. Waiver of right to appeal and withdrawal of appeal.

Sec. 5326. Appeal by the United States.

Sec. 5327. Rehearings.

Sec. 5328. Judge advocate review of finding of guilty in summary court-martial.

Sec. 5329. Transmittal and review of records.

Sec. 5330. Courts of Criminal Appeals.

Sec. 5331. Review by Court of Appeals for the Armed Forces.

Sec. 5332. Supreme Court review.

Sec. 5333. Review by Judge Advocate General.

Sec. 5334. Appellate defense counsel in death penalty cases.

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130 STAT. 2924 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 5335. Authority for hearing on vacation of suspension of sentence to be con-

ducted by qualified judge advocate.

Sec. 5336. Extension of time for petition for new trial.

Sec. 5337. Restoration.

Sec. 5338. Leave requirements pending review of certain court-martial convictions.

SEC. 5321. POST-TRIAL PROCESSING IN GENERAL AND SPECIAL

COURTS-MARTIAL.

Section 860 of title 10, United States Code (article 60 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 860. Art 60. Post-trial processing in general and special

courts-martial

‘‘(a) S

TATEMENT OF

RIAL

ESULTS

.—(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) P

OST

TRIAL

OTIONS

.—In accordance with regulations pre-

scribed by the President, the military judge in a general or special

court-martial shall address all post-trial motions and other post-

trial matters that—

‘‘(1) may affect a plea, a finding, the sentence, the State-

ment of Trial Results, the record of trial, or any post-trial

action by the convening authority; and

‘‘(2) are subject to resolution by the military judge before

entry of judgment.’’.

SEC. 5322. LIMITED AUTHORITY TO ACT ON SENTENCE IN SPECIFIED

POST-TRIAL CIRCUMSTANCES.

Subchapter IX of chapter 47 of title 10, United States Code,

is amended by inserting after section 860 (article 60 of the Uniform

Code of Military Justice), as amended by section 5321 of this

Act, the following new section (article):

‘‘§ 860a. Art. 60a. Limited authority to act on sentence in

specified post-trial circumstances

‘‘(a) I

ENERAL

.—(1) The convening authority of a general

or special court-martial described in paragraph (2)—

‘‘(A) may act on the sentence of the court-martial only

as provided in subsection (b), (c), or (d); and

‘‘(B) may not act on the findings of the court-martial.

‘‘(2) The courts-martial referred to in paragraph (1) are the

following:

‘‘(A) A general or special court-martial in which the max-

imum sentence of confinement established under subsection

(a) of section 856 of this title (article 56) for any offense of

which the accused is found guilty is more than two years.

‘‘(B) A general or special court-martial in which the total

of the sentences of confinement imposed, running consecutively,

is more than six months.

10 USC 860a

note.

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130 STAT. 2925 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(C) A general or special court-martial in which the sen-

tence imposed includes a dismissal, dishonorable discharge,

or bad-conduct discharge.

‘‘(D) A general or special court-martial in which the accused

is found guilty of a violation of subsection (a) or (b) of section

920 of this title (article 120), section 920b of this title (article

120b), or such other offense as the Secretary of Defense may

specify by regulation.

‘‘(3) Except as provided in subsection (d), the convening

authority may act under this section only before entry of judgment.

‘‘(4) Under regulations prescribed by the Secretary concerned,

a commissioned officer commanding for the time being, a successor

in command, or any person exercising general court-martial jurisdic-

tion may act under this section in place of the convening authority.

‘‘(b) R

EDUCTION

, C

OMMUTATION

AND

USPENSION OF

TENCES

ENERALLY

.—(1) Except as provided in subsection (c) or

(d), the convening authority may not reduce, commute, or suspend

any of the following sentences:

‘‘(A) A sentence of confinement, if the total period of confine-

ment imposed for all offenses involved, running consecutively,

is greater than six months.

‘‘(B) A sentence of dismissal, dishonorable discharge, or

bad-conduct discharge.

‘‘(C) A sentence of death.

‘‘(2) The convening authority may reduce, commute, or suspend

any sentence not specified in paragraph (1).

‘‘(c) S

USPENSION OF

ERTAIN

ENTENCES

PON

ECOMMENDA

TION OF

ILITARY

UDGE

.—(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) R

EDUCTION OF

ENTENCE FOR

UBSTANTIAL

SSISTANCE

CCUSED

.—(1) Upon a recommendation by the trial counsel,

if the accused, after sentencing and before entry of judgment, pro-

vides substantial assistance in the investigation or prosecution of

another person, the convening authority may reduce, commute,

or suspend a sentence, in whole or in part, including any mandatory

minimum sentence.

‘‘(2) Upon a recommendation by a trial counsel, designated

in accordance with rules prescribed by the President, if the accused,

after entry of judgment, provides substantial assistance in the

investigation or prosecution of another person, a convening

authority, designated under such regulations, may reduce, commute,

or suspend a sentence, in whole or in part, including any mandatory

minimum sentence.

‘‘(3) In evaluating whether the accused has provided substantial

assistance under this subsection, the convening authority may con-

sider the presentence assistance of the accused.

‘‘(e) S

UBMISSIONS BY

CCUSED AND

ICTIM

.—(1) In accordance

with rules prescribed by the President, in determining whether

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130 STAT. 2926 PUBLIC LAW 114–328—DEC. 23, 2016

to act under this section, the convening authority shall consider

matters submitted in writing by the accused or any victim of an

offense. Such rules shall include—

‘‘(A) procedures for notice of the opportunity to make such

submissions;

‘‘(B) the deadlines for such submissions; and

‘‘(C) procedures for providing the accused and any victim

of an offense with a copy of the recording of any open sessions

of the court-martial and copies of, or access to, any admitted,

unsealed exhibits.

‘‘(2) The convening authority shall not consider under this

section any submitted matters that relate to the character of a

victim unless such matters were presented as evidence at trial

and not excluded at trial.

‘‘(f) D

ECISION OF

ONVENING

UTHORITY

.—(1) The decision of

the convening authority under this section shall be forwarded to

the military judge, with copies provided to the accused and to

any victim of the offense.

‘‘(2) If, under this section, the convening authority reduces,

commutes, or suspends the sentence, the decision of the convening

authority shall include a written explanation of the reasons for

such action.

‘‘(3) If, under subsection (d)(2), the convening authority reduces,

commutes, or suspends the sentence, the decision of the convening

authority shall be forwarded to the chief trial judge for appropriate

modification of the entry of judgment, which shall be transmitted

to the Judge Advocate General for appropriate action.’’.

SEC. 5323. POST-TRIAL ACTIONS IN SUMMARY COURTS-MARTIAL AND

CERTAIN GENERAL AND SPECIAL COURTS-MARTIAL.

Subchapter IX of chapter 47 of title 10, United States Code,

is amended by inserting after section 860a (article 60a of the

Uniform Code of Military Justice), as added by section 5322 of

this Act, the following new section (article):

‘‘§ 860b. Art. 60b. Post-trial actions in summary courts-mar-

tial and certain general and special courts-martial

‘‘(a) I

ENERAL

.—(1) In a court-martial not specified in section

860a(a)(2) of this title (article 60a(a)(2)), the convening authority

may—

‘‘(A) dismiss any charge or specification by setting aside

the finding of guilty;

‘‘(B) change a finding of guilty to a charge or specification

to a finding of guilty to a lesser included offense;

‘‘(C) disapprove the findings and the sentence and dismiss

the charges and specifications;

‘‘(D) disapprove the findings and the sentence and order

a rehearing as to the findings and the sentence;

‘‘(E) disapprove, commute, or suspend the sentence, in

whole or in part; or

‘‘(F) disapprove the sentence and order a rehearing as

to the sentence.

‘‘(2) In a summary court-martial, the convening authority shall

approve the sentence or take other action on the sentence under

paragraph (1).

‘‘(3) Except as provided in paragraph (4), the convening

authority may act under this section only before entry of judgment.

10 USC 860b

note.

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130 STAT. 2927 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(4) The convening authority may act under this section after

entry of judgment in a general or special court-martial in the

same manner as the convening authority may act under section

860a(d)(2) of this title (article 60a(d)(2)). Such action shall be for-

warded to the chief trial judge, who shall ensure appropriate modi-

fication to the entry of judgment and shall transmit the entry

of judgment to the Judge Advocate General for appropriate action.

‘‘(5) Under regulations prescribed by the Secretary concerned,

a commissioned officer commanding for the time being, a successor

in command, or any person exercising general court-martial jurisdic-

tion may act under this section in place of the convening authority.

‘‘(b) L

IMITATIONS ON

EHEARINGS

.—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) S

UBMISSIONS BY

CCUSED AND

ICTIM

.—In accordance with

rules prescribed by the President, in determining whether to act

under this section, the convening authority shall consider matters

submitted in writing by the accused or any victim of the offense.

Such rules shall include the matter required by section 860a(e)

of this title (article 60a(e)).

‘‘(d) D

ECISION OF

ONVENING

UTHORITY

.—(1) In a general

or special court-martial, the decision of the convening authority

under this section shall be forwarded to the military judge, with

copies provided to the accused and to any victim of the offense.

‘‘(2) If the convening authority acts on the findings or the

sentence under subsection (a)(1), the decision of the convening

authority shall include a written explanation of the reasons for

such action.’’.

SEC. 5324. ENTRY OF JUDGMENT.

Subchapter IX of chapter 47 of title 10, United States Code,

is amended by inserting after section 860b (article 60b of the

Uniform Code of Military Justice), as added by section 5323 of

this Act, the following new section (article):

‘‘§ 860c. Art. 60c. Entry of judgment

‘‘(a) E

NTRY OF

UDGMENT OF

ENERAL OR

PECIAL

OURT

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;

‘‘(ii) any ruling, order, or other determination of the

military judge that affects a plea, a finding, or the sentence.

10 USC 860c

note.

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130 STAT. 2928 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) Under rules prescribed by the President, the judgment

under paragraph (1) shall be—

‘‘(A) provided to the accused and to any victim of the

offense; and

‘‘(B) made available to the public.

‘‘(b) S

UMMARY

OURT

MARTIAL

UDGMENT

.—The findings and

sentence of a summary court-martial, as modified by any post-

trial action by the convening authority under section 860b of this

title (article 60b), constitutes the judgment of the court-martial

and shall be recorded and distributed under rules prescribed by

the President.’’.

SEC. 5325. WAIVER OF RIGHT TO APPEAL AND WITHDRAWAL OF

APPEAL.

Section 861 of title 10, United States Code (article 61 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 861. Art. 61. Waiver of right to appeal; withdrawal of

appeal

‘‘(a) W

AIVER OF

IGHT TO

PPEAL

.—After entry of judgment

in a general or special court-martial, under procedures prescribed

by the Secretary concerned, the accused may waive the right to

appellate review in each case subject to such review under section

866 of this title (article 66). Such a waiver shall be—

‘‘(1) signed by the accused and by defense counsel; and

‘‘(2) attached to the record of trial.

‘‘(b) W

ITHDRAWAL OF

PPEAL

.—In a general or special court-

martial, the accused may withdraw an appeal at any time.

‘‘(c) D

EATH

ENALTY

ASE

XCEPTION

.—Notwithstanding sub-

sections (a) and (b), an accused may not waive the right to appeal

or withdraw an appeal with respect to a judgment that includes

a sentence of death.

‘‘(d) W

AIVER OR

ITHDRAWAL AS

.—A waiver or withdrawal

under this section bars review under section 866 of this title (article

66).’’.

SEC. 5326. APPEAL BY THE UNITED STATES.

Section 862 of title 10, United States Code (article 62 of the

Uniform Code of Military Justice), is amended—

(1) in paragraph (1) of subsection (a)—

(A) in the matter before subparagraph (A), by striking

‘‘court-martial’’ and all that follows through the colon at

the end and inserting ‘‘general or special court-martial,

or in a pretrial proceeding under section 830a of this title

(article 30a), the United States may appeal the following:’’;

and

(B) by adding at the end the following new subpara-

graph:

‘‘(G) An order or ruling of the military judge entering

a finding of not guilty with respect to a charge or specification

following the return of a finding of guilty by the members.’’;

(2) in paragraph (2) of subsection (a)—

(A) by striking ‘‘(2)’’ and inserting ‘‘(2)(A)’’; and

(B) by adding at the end the following new subpara-

graph:

‘‘(B) An appeal of an order or ruling may not be taken when

prohibited by section 844 of this title (article 44).’’; and

(3) by adding at the end the following:

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130 STAT. 2929 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(d) The United States may appeal a ruling or order of a

military magistrate in the same manner as had the ruling or

order been made by a military judge, except that the issue shall

first be presented to the military judge who designated the military

magistrate or to a military judge detailed to hear the issue.

‘‘(e) The provisions of this section shall be liberally construed

to effect its purposes.’’.

SEC. 5327. REHEARINGS.

Section 863 of title 10, United States Code (article 63 of the

Uniform Code of Military Justice), is amended—

(1) by inserting ‘‘(a)’’ before ‘‘Each rehearing’’;

(2) in the second sentence, by striking ‘‘may be approved’’

and inserting ‘‘may be adjudged’’;

(3) by striking the third sentence; and

(4) by adding at the end the following new subsections:

‘‘(b) If the sentence adjudged by the first court-martial was

in accordance with a plea agreement under section 853a of this

title (article 53a) and the accused at the rehearing does not comply

with the agreement, or if a plea of guilty was entered for an

offense at the first court-martial and a plea of not guilty was

entered at the rehearing, the sentence as to those charges or speci-

fications may include any punishment not in excess of that which

could have been adjudged at the first court-martial.

‘‘(c) If, after appeal by the Government under section 856(d)

of this title (article 56(d)), the sentence adjudged is set aside and

a rehearing on sentence is ordered by the Court of Criminal Appeals

or Court of Appeals for the Armed Forces, the court-martial may

impose any sentence that is in accordance with the order or ruling

setting aside the adjudged sentence, subject to such limitations

as the President may prescribe by regulation.’’.

SEC. 5328. JUDGE ADVOCATE REVIEW OF FINDING OF GUILTY IN SUM-

MARY COURT-MARTIAL.

(a) I

ENERAL

.—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) I

ENERAL

.—Under regulations prescribed by the Sec-

retary concerned, each summary court-martial in which there is

a finding of guilty shall be reviewed by a judge advocate. A judge

advocate may not review a case under this subsection if the judge

advocate has acted in the same case as an accuser, preliminary

hearing officer, member of the court, military judge, or counsel

or has otherwise acted on behalf of the prosecution or defense.’’.

(b) T

ECHNICAL AND

ONFORMING

MENDMENTS

.—

(1) The heading of such section (article) is amended to

read as follows:

‘‘§ 864. Art. 64. Judge advocate review of finding of guilty

in summary court-martial’’.

(2) Subsection (b) of such section (article) is amended—

(A) by striking ‘‘(b) The record’’ and inserting ‘‘(b)

ECORD

.—The record’’;

(B) in paragraph (1), by adding ‘‘or’’ at the end;

(D) by redesignating paragraph (3) as paragraph (2).

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130 STAT. 2930 PUBLIC LAW 114–328—DEC. 23, 2016

(3) Subsection (c)(3) of such section (article) is amended

by striking ‘‘section 869(b) of this title (article 69(b)).’’ and

inserting ‘‘section 869 of this title (article 69).’’.

SEC. 5329. TRANSMITTAL AND REVIEW OF RECORDS.

Section 865 of title 10, United States Code (article 65 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 865. Art. 65. Transmittal and review of records

‘‘(a) T

RANSMITTAL OF

ECORDS

.—

‘‘(1) F

INDING OF GUILTY IN GENERAL OR SPECIAL COURT

MARTIAL

.—If the judgment of a general or special court-martial

entered under section 860c of this title (article 60c) includes

a finding of guilty, the record shall be transmitted to the

Judge Advocate General.

‘‘(2) O

THER CASES

.—In all other cases, records of trial by

court-martial and related documents shall be transmitted and

disposed of as the Secretary concerned may prescribe by regula-

tion.

‘‘(b) C

ASES FOR

IRECT

PPEAL

.—

‘‘(1) A

UTOMATIC REVIEW

.—If the judgment includes a sen-

tence of death, dismissal of a commissioned officer, cadet, or

midshipman, dishonorable discharge or bad-conduct discharge,

or confinement for 2 years or more, the Judge Advocate General

shall forward the record of trial to the Court of Criminal

Appeals for review under section 866(b)(2) of this title (article

66(b)(2)).

‘‘(2) C

ASES ELIGIBLE FOR DIRECT APPEAL REVIEW

.—

‘‘(A) I

N GENERAL

.—If the case is eligible for direct

review under section 866(b)(1) of this title (article 66(b)(1)),

the Judge Advocate General shall—

‘‘(i) forward a copy of the record of trial to an

appellate defense counsel who shall be detailed to

review the case and, upon request of the accused, to

represent the accused before the Court of Criminal

Appeals; and

‘‘(ii) upon written request of the accused, forward

a copy of the record of trial to civilian counsel provided

by the accused.

‘‘(B) I

NAPPLICABILITY

.—Subparagraph (A) shall not

apply if the accused—

‘‘(i) waives the right to appeal under section 861

of this title (article 61); or

‘‘(ii) declines in writing the detailing of appellate

defense counsel under subparagraph (A)(i).

‘‘(c) N

OTICE OF

IGHT TO

PPEAL

.—

‘‘(1) I

N GENERAL

.—The Judge Advocate General shall pro-

vide notice to the accused of the right to file an appeal under

section 866(b)(1) of this title (article 66(b)(1)) by means of

depositing in the United States mails for delivery by first

class certified mail to the accused at an address provided by

the accused or, if no such address has been provided by the

accused, at the latest address listed for the accused in the

official service record of the accused.

‘‘(2) I

NAPPLICABILITY UPON WAIVER OF APPEAL

.—Paragraph

(1) shall not apply if the accused waives the right to appeal

under section 861 of this title (article 61).

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130 STAT. 2931 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(d) R

EVIEW BY

UDGE

DVOCATE

ENERAL

.—

‘‘(1) B

Y 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) R

EVIEW OF CASES NOT ELIGIBLE FOR DIRECT APPEAL

.—

‘‘(A) I

N GENERAL

.—A review under subparagraph (B)

shall be completed in each general and special court-martial

that is not eligible for direct appeal under paragraph (1)

or (3) of section 866(b) of this title (article 66(b)).

‘‘(B) S

COPE OF REVIEW

.—A review referred to in

subparagraph (A) shall include a written decision providing

each of the following:

‘‘(i) A conclusion as to whether the court had juris-

diction over the accused and the offense.

‘‘(ii) A conclusion as to whether the charge and

specification stated an offense.

‘‘(iii) A conclusion as to whether the sentence was

within the limits prescribed as a matter of law.

‘‘(iv) A response to each allegation of error made

in writing by the accused.

‘‘(3) R

EVIEW WHEN DIRECT APPEAL IS WAIVED

WITHDRAWN

OR NOT FILED

.—

‘‘(A) I

N GENERAL

.—A review under subparagraph (B)

shall be completed in each general and special court-martial

if—

‘‘(i) the accused waives the right to appeal or with-

draws appeal under section 861 of this title (article

61); or

‘‘(ii) the accused does not file a timely appeal in

a case eligible for direct appeal under subparagraph

(A), (B), or (C) of section 866(b)(1) of this title (article

66(b)(1)).

‘‘(B) S

COPE OF REVIEW

.—A review referred to in

subparagraph (A) shall include a written decision limited

to providing conclusions on the matters specified in clauses

(i), (ii), and (iii) of paragraph (2)(B).

‘‘(e) R

EMEDY

.—

‘‘(1) I

N GENERAL

.—If after a review of a record under sub-

section (d), the attorney conducting the review believes correc-

tive action may be required, the record shall be forwarded

to the Judge Advocate General, who may set aside the findings

or sentence, in whole or in part.

‘‘(2) R

EHEARING

.—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) R

EMEDY WITHOUT REHEARING

.—

‘‘(A) D

ISMISSAL WHEN NO REHEARING ORDERED

.—If the

Judge Advocate General sets aside findings and sentence

and does not order a rehearing, the Judge Advocate General

shall dismiss the charges.

‘‘(B) D

ISMISSAL WHEN REHEARING IMPRACTICAL

.—If the

Judge Advocate General sets aside findings and orders

a rehearing and the convening authority determines that

a rehearing would be impractical, the convening authority

shall dismiss the charges.’’.

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130 STAT. 2932 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 5330. COURTS OF CRIMINAL APPEALS.

(a) A

PPELLATE

ILITARY

UDGES

.—Subsection (a) of section 866

of title 10, United States Code (article 66 of the Uniform Code

of Military Justice), is amended—

(1) in the second sentence, by striking ‘‘subsection (f)’’ and

inserting ‘‘subsection (h)’’;

(2) in the fourth sentence, by inserting after ‘‘highest court

of a State’’ the following: ‘‘and must be certified by the Judge

Advocate General as qualified, by reason of education, training,

experience, and judicial temperament, for duty as an appellate

military judge’’; and

(3) by adding at the end the following new sentence: ‘‘In

accordance with regulations prescribed by the President, assign-

ments of appellate military judges under this section (article)

shall be for appropriate minimum periods, subject to such

exceptions as may be authorized in the regulations.’’.

(b) R

EVISION OF

PPELLATE

ROCEDURES

.—Such section

(article) is further amended—

(1) by redesignating subsections (e), (f), (g), and (h) as

subsections (g), (h), (i), and (j), respectively; and

(2) by striking subsections (b), (c), and (d) and inserting

the following new subsections:

‘‘(b) R

EVIEW

.—

‘‘(1) A

PPEALS BY ACCUSED

.—A Court of Criminal Appeals

shall have jurisdiction over a timely appeal from the judgment

of a court-martial, entered into the record under section 860c

of this title (article 60c), as follows:

‘‘(A) On appeal by the accused in a case in which

the sentence extends to confinement for more than six

months and the case is not subject to automatic review

under paragraph (3).

‘‘(B) On appeal by the accused in a case in which

the Government previously filed an appeal under section

862 of this title (article 62).

‘‘(C) On appeal by the accused in a case that the

Judge Advocate General has sent to the Court of Criminal

Appeals for review of the sentence under section 856(d)

of this title (article 56(d)).

‘‘(D) In a case in which the accused filed an application

for review with the Court under section 869(d)(1)(B) of

this title (article 69(d)(1)(B)) and the application has been

granted by the Court.

‘‘(2) R

EVIEW OF CERTAIN SENTENCES

.—A Court of Criminal

Appeals shall have jurisdiction over all cases that the Judge

Advocate General orders sent to the Court for review under

section 856(d) of this title (article 56(d)).

‘‘(3) A

UTOMATIC REVIEW

.—A Court of Criminal Appeals

shall have jurisdiction over a court-martial in which the judg-

ment entered into the record under section 860c of this title

(article 60c) includes a sentence of death, dismissal of a commis-

sioned officer, cadet, or midshipman, dishonorable discharge

or bad-conduct discharge, or confinement for 2 years or more.

‘‘(c) T

IMELINESS

.—An appeal under subsection (b)(1) is timely

if it is filed as follows:

‘‘(1) In the case of an appeal by the accused under sub-

section (b)(1)(A) or (b)(1)(B), if filed before the later of—

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130 STAT. 2933 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) the end of the 90-day period beginning on the

date the accused is provided notice of appellate rights

under section 865(c) of this title (article 65(c)); or

‘‘(B) the date set by the Court of Criminal Appeals

by rule or order.

‘‘(2) In the case of an appeal by the accused under sub-

section (b)(1)(C), if filed before the later of—

‘‘(A) the end of the 90-day period beginning on the

date the accused is notified that the application for review

has been granted by letter placed in the United States

mails for delivery by first class certified mail to the accused

at an address provided by the accused or, if no such address

has been provided by the accused, at the latest address

listed for the accused in his official service record; or

‘‘(B) the date set by the Court of Criminal Appeals

by rule or order.

‘‘(d) D

UTIES

.—

‘‘(1) C

ASES APPEALED BY ACCUSED

.—In any case before the

Court of Criminal Appeals under subsection (b), the Court

may act only with respect to the findings and sentence as

entered into the record under section 860c of this title (article

60c). The Court may affirm only such findings of guilty, and

the sentence or such part or amount of the sentence, as the

Court finds correct in law and fact and determines, on the

basis of the entire record, should be approved. In considering

the record, the Court may weigh the evidence, judge the credi-

bility of witnesses, and determine controverted questions of

fact, recognizing that the trial court saw and heard the wit-

nesses.

‘‘(2) E

RROR OR EXCESSIVE DELAY

.—In any case before the

Court of Criminal Appeals under subsection (b), the Court

may provide appropriate relief if the accused demonstrates

error or excessive delay in the processing of the court-martial

after the judgment was entered into the record under section

860c of this title (article 60c).

‘‘(e) C

ONSIDERATION OF

PPEAL OF

ENTENCE BY THE

NITED

TATES

.—

‘‘(1) I

N GENERAL

.—In considering a sentence on appeal or

review as provided in section 856(d) of this title (article 56(d)),

the Court of Criminal Appeals may consider—

‘‘(A) whether the sentence violates the law; and

‘‘(B) whether the sentence is plainly unreasonable.

‘‘(2) R

ECORD ON APPEAL OR REVIEW

.—In an appeal or review

under this subsection or section 856(d) of this title (article

56(d)), the record on appeal or review shall consist of—

‘‘(A) any portion of the record in the case that is des-

ignated as pertinent by either of the parties;

‘‘(B) the information submitted during the sentencing

proceeding; and

‘‘(C) any information required by rule or order of the

Court of Criminal Appeals.

‘‘(f) L

IMITS OF

UTHORITY

.—

‘‘(1) S

ET ASIDE OF FINDINGS

.—

‘‘(A) I

N GENERAL

.—If the Court of Criminal Appeals

sets aside the findings, the Court—

‘‘(i) may affirm any lesser included offense; and

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130 STAT. 2934 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(ii) may, except when prohibited by section 844

of this title (article 44), order a rehearing.

‘‘(B) D

ISMISSAL WHEN NO REHEARING ORDERED

.—If the

Court of Criminal Appeals sets aside the findings and

does not order a rehearing, the Court shall order that

the charges be dismissed.

‘‘(C) D

ISMISSAL WHEN REHEARING IMPRACTICABLE

.—If

the Court of Criminal Appeals orders a rehearing on a

charge and the convening authority finds a rehearing

impracticable, the convening authority may dismiss the

charge.

‘‘(2) S

ET ASIDE OF SENTENCE

.—If the Court of Criminal

Appeals sets aside the sentence, the Court may—

‘‘(A) modify the sentence to a lesser sentence; or

‘‘(B) order a rehearing.

‘‘(3) A

DDITIONAL PROCEEDINGS

.—If the Court determines

that additional proceedings are warranted, the Court may order

a hearing as may be necessary to address a substantial issue,

subject to such limitations as the Court may direct and under

such regulations as the President may prescribe.’’.

CTION

HEN

EHEARING

MPRACTICABLE

FTER

EHEARING

RDER

.—Subsection (g) of such section (article), as redesignated

by subsection (b)(1) of this section, is amended—

(1) in the first sentence, by striking ‘‘convening authority’’

and inserting ‘‘appropriate authority’’; and

(2) by striking the last sentence.

(d) S

ECTION

EADING

.—The heading of such section (article)

is amended to read as follows:

‘‘§ 866. Art. 66. Courts of Criminal Appeals’’.

(e) S

UBSECTION

EADING

MENDMENTS FOR

TYLISTIC

ONSIST

ENCY

.—Such section (article) is further amended—

(1) in subsection (a), by inserting ‘‘C

OURTS OF

RIMINAL

PPEALS

.—’’ after ‘‘(a)’’;

(2) in subsection (g), as redesignated by subsection (b)(1)

of this section, by inserting ‘‘A

CTION IN

CCORDANCE

ITH

ECISIONS OF

OURTS

.—’’ after ‘‘(g)’’;

(3) in subsection (h), as so redesignated, by inserting

‘‘R

ULES OF

ROCEDURE

.—’’ after ‘‘(h)’’;

(4) in subsection (i), as so redesignated, by inserting

‘‘P

ROHIBITION ON

VALUATION OF

THER

EMBERS OF

OURTS

.—’’ after ‘‘(i)’’; and

(5) in subsection (j), as so redesignated, by inserting ‘‘I

NELI

GIBILITY OF

EMBERS OF

OURTS

EVIEW

ECORDS OF

ASES

NVOLVING

ERTAIN

RIOR

EMBER

ERVICE

.—’’ after

‘‘(j)’’.

SEC. 5331. REVIEW BY COURT OF APPEALS FOR THE ARMED FORCES.

(a) JAG N

OTIFICATION

.—Subsection (a)(2) of section 867 of title

10, United States Code (article 67 of the Uniform Code of Military

Justice), is amended by inserting after ‘‘the Judge Advocate Gen-

eral’’ the following: ‘‘, after appropriate notification to the other

Judge Advocates General and the Staff Judge Advocate to the

Commandant of the Marine Corps,’’.

(b) B

ASIS FOR

EVIEW

.—Subsection (c) of such section (article)

is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(c)’’;

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130 STAT. 2935 PUBLIC LAW 114–328—DEC. 23, 2016

(2) by designating the second sentence as paragraph (2);

(3) by designating the third sentence as paragraph (3);

(4) by designating the fourth sentence as paragraph (4);

and

(5) in paragraph (1), as designated by paragraph (1) of

this subsection, by striking ‘‘only with respect to’’ and all that

follows through the end of the sentence and inserting ‘‘only

with respect to—

‘‘(A) the findings and sentence set forth in the entry of

judgment, as affirmed or set aside as incorrect in law by the

Court of Criminal Appeals; or

‘‘(B) a decision, judgment, or order by a military judge,

as affirmed or set aside as incorrect in law by the Court

of Criminal Appeals.’’.

SEC. 5332. SUPREME COURT REVIEW.

The second sentence of section 867a(a) of title 10, United States

Code (article 67a(a) of the Uniform Code of Military Justice), is

amended by inserting before ‘‘Court of Appeals’’ the following:

‘‘United States’’.

SEC. 5333. REVIEW BY JUDGE ADVOCATE GENERAL.

Section 869 of title 10, United States Code (article 69 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 869. Art. 69. Review by Judge Advocate General

‘‘(a) I

ENERAL

.—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) T

IMING

.—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) S

COPE

.—(1)(A) In a case reviewed under section 864 or

865(b) of this title (article 64 or 65(b)), the Judge Advocate General

may set aside the findings or sentence, in whole or in part on

the grounds of newly discovered evidence, fraud on the court, lack

of jurisdiction over the accused or the offense, error prejudicial

to the substantial rights of the accused, or the appropriateness

of the sentence.

‘‘(B) In setting aside findings or sentence, the Judge Advocate

General may order a rehearing, except that a rehearing may not

be ordered in violation of section 844 of this title (article 44).

‘‘(C) If the Judge Advocate General sets aside findings and

sentence and does not order a rehearing, the Judge Advocate Gen-

eral shall dismiss the charges.

‘‘(D) If the Judge Advocate General sets aside findings and

orders a rehearing and the convening authority determines that

a rehearing would be impractical, the convening authority shall

dismiss the charges.

‘‘(2) In a case reviewed under section 865(b) of this title (article

65(b)), review under this section is limited to the issue of whether

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130 STAT. 2936 PUBLIC LAW 114–328—DEC. 23, 2016

the waiver or withdrawal of an appeal was invalid under the

law. If the Judge Advocate General determines that the waiver

or withdrawal of an appeal was invalid, the Judge Advocate General

shall order appropriate corrective action under rules prescribed

by the President.

‘‘(d) C

OURT OF

RIMINAL

PPEALS

.—(1) A Court of Criminal

Appeals may review the action taken by the Judge Advocate General

under subsection (c)—

‘‘(A) in a case sent to the Court of Criminal Appeals by

order of the Judge Advocate General; or

‘‘(B) in a case submitted to the Court of Criminal Appeals

by the accused in an application for review.

‘‘(2) The Court of Criminal Appeals may grant an application

under paragraph (1)(B) only if—

‘‘(A) the application demonstrates a substantial basis for

concluding that the action on review under subsection (c) con-

stituted prejudicial error; and

‘‘(B) the application is filed not later than the earlier of—

‘‘(i) 60 days after the date on which the accused is

notified of the decision of the Judge Advocate General;

‘‘(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) A

CTION

NLY ON

ATTERS OF

.—Notwithstanding sec-

tion 866 of this title (article 66), in any case reviewed by a Court

of Criminal Appeals under subsection (d), the Court may take

action only with respect to matters of law.’’.

SEC. 5334. APPELLATE DEFENSE COUNSEL IN DEATH PENALTY CASES.

Section 870 of title 10, United States Code (article 70 of the

Uniform Code of Military Justice), is amended by adding at the

end the following new subsection:

‘‘(f) To the greatest extent practicable, in any capital case,

at least one defense counsel under subsection (c) shall, as deter-

mined by the Judge Advocate General, be learned in the law

applicable to such cases. If necessary, this counsel may be a civilian

and, if so, may be compensated in accordance with regulations

prescribed by the Secretary of Defense.’’.

SEC. 5335. AUTHORITY FOR HEARING ON VACATION OF SUSPENSION

OF SENTENCE TO BE CONDUCTED BY QUALIFIED JUDGE

ADVOCATE.

(a) I

ENERAL

.—Subsection (a) of section 872 of title 10,

United States Code (article 72 of the Uniform Code of Military

Justice), is amended by inserting after the first sentence the fol-

lowing new sentence: ‘‘The special court-martial convening authority

may detail a judge advocate, who is certified under section 827(b)

of this title (article 27(b)), to conduct the hearing.’’.

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130 STAT. 2937 PUBLIC LAW 114–328—DEC. 23, 2016

(b) T

ECHNICAL

MENDMENTS

.—Such section (article) is further

amended—

(1) in the last sentence of subsection (a), by striking ‘‘if

he so desires’’ and inserting ‘‘if the probationer so desires’’;

and

(2) in the second sentence of subsection (b)—

(A) by striking ‘‘If he’’ and inserting ‘‘If the officer

exercising general court-martial jurisdiction’’; and

(B) by striking ‘‘section 871(c) of this title (article 71(c))’’

and inserting ‘‘section 857 of this title (article 57)’’.

SEC. 5336. EXTENSION OF TIME FOR PETITION FOR NEW TRIAL.

The first sentence of section 873 of title 10, United States

Code (article 73 of the Uniform Code of Military Justice), is amended

by striking ‘‘two years after approval by the convening authority

of a court-martial sentence’’ and inserting ‘‘three years after the

date of the entry of judgment under section 860c of this title

(article 60c)’’.

SEC. 5337. RESTORATION.

Section 875 of title 10, United States Code (article 75 of the

Uniform Code of Military Justice), is amended by adding at the

end the following new subsection:

‘‘(d) The President shall prescribe regulations, with such limita-

tions as the President considers appropriate, governing eligibility

for pay and allowances for the period after the date on which

an executed part of a court-martial sentence is set aside.’’.

SEC. 5338. LEAVE REQUIREMENTS PENDING REVIEW OF CERTAIN

COURT-MARTIAL CONVICTIONS.

Section 876a of title 10, United States Code (article 76a of

the Uniform Code of Military Justice), is amended—

(1) in the first sentence, by striking ‘‘, as approved under

section 860 of this title (article 60),’’; and

(2) in the second sentence, by striking ‘‘on which the sen-

tence is approved under section 860 of this title (article 60)’’

and inserting ‘‘of the entry of judgment under section 860c

of this title (article 60c)’’.

TITLE LX—PUNITIVE ARTICLES

Sec. 5401. Reorganization of punitive articles.

Sec. 5402. Conviction of offense charged, lesser included offenses, and attempts.

Sec. 5403. Soliciting commission of offenses.

Sec. 5404. Malingering.

Sec. 5405. Breach of medical quarantine.

Sec. 5406. Missing movement; jumping from vessel.

Sec. 5407. Offenses against correctional custody and restriction.

Sec. 5408. Disrespect toward superior commissioned officer; assault of superior

commissioned officer.

Sec. 5409. Willfully disobeying superior commissioned officer.

Sec. 5410. Prohibited activities with military recruit or trainee by person in posi-

tion of special trust.

Sec. 5411. Offenses by sentinel or lookout.

Sec. 5412. Disrespect toward sentinel or lookout.

Sec. 5413. Release of prisoner without authority; drinking with prisoner.

Sec. 5414. Penalty for acting as a spy.

Sec. 5415. Public records offenses.

Sec. 5416. False or unauthorized pass offenses.

Sec. 5417. Impersonation offenses.

Sec. 5418. Insignia offenses.

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130 STAT. 2938 PUBLIC LAW 114–328—DEC. 23, 2016

Sec. 5419. False official statements; false swearing.

Sec. 5420. Parole violation.

Sec. 5421. Wrongful taking, opening, etc. of mail matter.

Sec. 5422. Improper hazarding of vessel or aircraft.

Sec. 5423. Leaving scene of vehicle accident.

Sec. 5424. Drunkenness and other incapacitation offenses.

Sec. 5425. Lower blood alcohol content limits for conviction of drunken or reckless

operation of vehicle, aircraft, or vessel.

Sec. 5426. Endangerment offenses.

Sec. 5427. Communicating threats.

Sec. 5428. Technical amendment relating to murder.

Sec. 5429. Child endangerment.

Sec. 5430. Rape and sexual assault offenses.

Sec. 5431. Deposit of obscene matter in the mail.

Sec. 5432. Fraudulent use of credit cards, debit cards, and other access devices.

Sec. 5433. False pretenses to obtain services.

Sec. 5434. Robbery.

Sec. 5435. Receiving stolen property.

Sec. 5436. Offenses concerning Government computers.

Sec. 5437. Bribery.

Sec. 5438. Graft.

Sec. 5439. Kidnapping.

Sec. 5440. Arson; burning property with intent to defraud.

Sec. 5441. Assault.

Sec. 5442. Burglary and unlawful entry.

Sec. 5443. Stalking.

Sec. 5444. Subornation of perjury.

Sec. 5445. Obstructing justice.

Sec. 5446. Misprision of serious offense.

Sec. 5447. Wrongful refusal to testify.

Sec. 5448. Prevention of authorized seizure of property.

Sec. 5449. Wrongful interference with adverse administrative proceeding.

Sec. 5450. Retaliation.

Sec. 5451. Extraterritorial application of certain offenses.

Sec. 5452. Table of sections.

SEC. 5401. REORGANIZATION OF PUNITIVE ARTICLES.

Sections of subchapter X of chapter 47 of title 10, United

States Code (articles of the Uniform Code of Military Justice),

are transferred within subchapter X and redesignated as follows:

(1) E

NLISTMENT 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) R

ESISTANCE

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) N

ONCOMPLIANCE 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) C

APTURED 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) A

IDING THE ENEMY

.—Section 904 (article 104) is redesig-

nated as section 903b (article 103b).

(6) M

ISCONDUCT 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) S

PIES

;

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) M

ISBEHAVIOR OF SENTINEL

.—Section 913 (article 113)

is transferred so as to appear after section 894 (article 94)

and is redesignated as section 895 (article 95).

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130 STAT. 2939 PUBLIC LAW 114–328—DEC. 23, 2016

(9) D

RUNKEN OR RECKLESS OPERATION OF A VEHICLE

AIR

CRAFT

OR VESSEL

.—Section 911 (article 111) is transferred

so as to appear after section 912a (article 912a) and is redesig-

nated as section 913 (article 113).

(10) H

OUSEBREAKING

.—Section 930 (article 130) is redesig-

nated as section 929a (article 129a).

(11) S

TALKING

.—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) F

ORGERY

.—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) M

AIMING

.—

(A) I

N GENERAL

.—Section 924 (article 124) is trans-

ferred so as to appear after section 928 (article 128) and

is redesignated as section 928a (article 128a).

(B) C

ONFORMING AMENDMENTS

.—Section 919a(b)

(article 919a(b)) is amended—

(i) by striking ‘‘924,’’ and inserting ‘‘928a,’’; and

(ii) by striking ‘‘124,’’ and inserting ‘‘128a’’.

(14) F

RAUDS AGAINST THE UNITED STATES

.—Section 932

of (article 132) is transferred so as to appear after section

923a (article 123a) and is redesignated as section 924 (article

124).

SEC. 5402. CONVICTION OF OFFENSE CHARGED, LESSER INCLUDED

OFFENSES, AND ATTEMPTS.

Section 879 of title 10, United States Code (article 79 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 879. Art. 79. Conviction of offense charged, lesser included

offenses, and attempts

‘‘(a) I

ENERAL

.—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) L

ESSER

NCLUDED

FFENSE

EFINED

.—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) R

EGULATORY

UTHORITY

.—Any designation of a lesser

included offense in a regulation referred to in subsection (b) shall

be reasonably included in the greater offense.’’.

SEC. 5403. SOLICITING COMMISSION OF OFFENSES.

Section 882 of title 10, United States Code (article 82 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 882. Art. 82. Soliciting commission of offenses

‘‘(a) S

OLICITING

OMMISSION OF

FFENSES

ENERALLY

.—Any

person subject to this chapter who solicits or advises another to

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130 STAT. 2940 PUBLIC LAW 114–328—DEC. 23, 2016

commit an offense under this chapter (other than an offense speci-

fied in subsection (b)) shall be punished as a court-martial may

direct.

‘‘(b) S

OLICITING

ESERTION

, M

UTINY

, S

EDITION

BEHAVIOR

EFORE THE

NEMY

.—Any person subject to this chapter

who solicits or advises another to violate section 885 of this title

(article 85), section 894 of this title (article 94), or section 99

of this title (article 99)—

‘‘(1) if the offense solicited or advised is attempted or is

committed, shall be punished with the punishment provided

for the commission of the offense; and

‘‘(2) if the offense solicited or advised is not attempted

or committed, shall be punished as a court-martial may direct.’’.

SEC. 5404. MALINGERING.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 882 (article 82 of the Uniform

Code of Military Justice), as amended by section 5403 of this

Act, the following new section (article):

‘‘§ 883. Art. 83. Malingering

‘‘Any person subject to this chapter who, with the intent to

avoid work, duty, or service—

‘‘(1) feigns illness, physical disablement, mental lapse, or

mental derangement; or

‘‘(2) intentionally inflicts self-injury;

shall be punished as a court-martial may direct.’’.

SEC. 5405. BREACH OF MEDICAL QUARANTINE.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 883 (article 83 of the Uniform

Code of Military Justice), as added by section 5404 of this Act,

the following new section (article):

‘‘§ 884. Art. 84. Breach of medical quarantine

‘‘Any person subject to this chapter—

‘‘(1) who is ordered into medical quarantine by a person

authorized to issue such order; and

‘‘(2) who, with knowledge of the quarantine and the limits

of the quarantine, goes beyond those limits before being

released from the quarantine by proper authority;

shall be punished as a court-martial may direct.’’.

SEC. 5406. MISSING MOVEMENT; JUMPING FROM VESSEL.

Section 887 of title 10, United States Code (article 87 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 887. Art. 87. Missing movement; jumping from vessel

‘‘(a) M

ISSING

OVEMENT

.—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) J

UMPING

ROM

ESSEL

NTO THE

ATER

.—Any person

subject to this chapter who wrongfully and intentionally jumps

into the water from a vessel in use by the armed forces shall

be punished as a court-martial may direct.’’.

10 USC 884.

10 USC 883.

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130 STAT. 2941 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 5407. OFFENSES AGAINST CORRECTIONAL CUSTODY AND

RESTRICTION.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 887a (article 87a of the

Uniform Code of Military Justice), as transferred and redesignated

by section 5401(2) of this Act, the following new section (article):

‘‘§ 887b. Art. 87b. Offenses against correctional custody and

restriction

‘‘(a) E

SCAPE

ROM

ORRECTIONAL

USTODY

.—Any person sub-

ject to this chapter—

‘‘(1) who is placed in correctional custody by a person

authorized to do so;

‘‘(2) who, while in correctional custody, is under physical

restraint; and

‘‘(3) who escapes from the physical restraint before being

released from the physical restraint by proper authority;

shall be punished as a court-martial may direct.

‘‘(b) B

REACH OF

ORRECTIONAL

USTODY

.—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) B

REACH OF

ESTRICTION

.—Any person subject to this

chapter—

‘‘(1) who is ordered to be restricted to certain limits by

a person authorized to do so; and

‘‘(2) who, with knowledge of the limits of the restriction,

goes beyond those limits before being released by proper

authority;

shall be punished as a court-martial may direct.’’.

SEC. 5408. DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER;

ASSAULT OF SUPERIOR COMMISSIONED OFFICER.

Section 889 of title 10, United States Code (article 89 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 889. Art. 89. Disrespect toward superior commissioned

officer; assault of superior commissioned officer

‘‘(a) D

ISRESPECT

.—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) A

SSAULT

.—Any person subject to this chapter who strikes

that person’s superior commissioned officer or draws or lifts up

any weapon or offers any violence against that officer while the

officer is in the execution of the officer’s office shall be punished—

‘‘(1) if the offense is committed in time of war, by death

or such other punishment as a court-martial may direct; and

‘‘(2) if the offense is committed at any other time, by

such punishment, other than death, as a court-martial may

direct.’’.

10 USC 887b.

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130 STAT. 2942 PUBLIC LAW 114–328—DEC. 23, 2016

SEC. 5409. WILLFULLY DISOBEYING SUPERIOR COMMISSIONED

OFFICER.

Section 890 of title 10, United States Code (article 90 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 890. Art. 90. Willfully disobeying superior commissioned

officer

‘‘Any person subject to this chapter who willfully disobeys a

lawful command of that person’s superior commissioned officer shall

be punished—

‘‘(1) if the offense is committed in time of war, by death

or such other punishment as a court-martial may direct; and

‘‘(2) if the offense is committed at any other time, by

such punishment, other than death, as a court-martial may

direct.’’.

SEC. 5410. PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR

TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 893 (article 93 of the Uniform

Code of Military Justice), the following new section (article):

‘‘§ 893a. Art. 93a. Prohibited activities with military recruit

or trainee by person in position of special trust

‘‘(a) A

BUSE OF

RAINING

EADERSHIP

OSITION

.—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) A

BUSE OF

OSITION AS

ILITARY

ECRUITER

.—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) C

ONSENT

.—Consent is not a defense for any conduct at

issue in a prosecution under this section (article).

‘‘(d) D

EFINITIONS

.—In this section (article):

‘‘(1) S

PECIALLY PROTECTED JUNIOR MEMBER OF THE ARMED

FORCES

.—The term ‘specially protected junior member of the

armed forces’ means—

‘‘(A) a member of the armed forces who is assigned

to, or is awaiting assignment to, basic training or other

initial active duty for training, including a member who

is enlisted under a delayed entry program;

‘‘(B) a member of the armed forces who is a cadet,

a midshipman, an officer candidate, or a student in any

other officer qualification program; and

‘‘(C) a member of the armed forces in any program

that, by regulation prescribed by the Secretary concerned,

10 USC 893a.

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130 STAT. 2943 PUBLIC LAW 114–328—DEC. 23, 2016

is identified as a training program for initial career quali-

fication.

‘‘(2) T

RAINING LEADERSHIP POSITION

.—The term ‘training

leadership position’ means, with respect to a specially protected

junior member of the armed forces, any of the following:

‘‘(A) Any drill instructor position or other leadership

position in a basic training program, an officer candidate

school, a reserve officers’ training corps unit, a training

program for entry into the armed forces, or any program

that, by regulation prescribed by the Secretary concerned,

is identified as a training program for initial career quali-

fication.

‘‘(B) Faculty and staff of the United States Military

Academy, the United States Naval Academy, the United

States Air Force Academy, and the United States Coast

Guard Academy.

‘‘(3) A

PPLICANT 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) M

ILITARY RECRUITER

.—The term ‘military recruiter’

means a person who, under regulations prescribed by the Sec-

retary concerned, has the primary duty to recruit persons for

military service.

‘‘(5) P

ROHIBITED SEXUAL ACTIVITY

.—The term ‘prohibited

sexual activity’ means, as specified in regulations prescribed

by the Secretary concerned, inappropriate physical intimacy

under circumstances described in such regulations.’’.

SEC. 5411. OFFENSES BY SENTINEL OR LOOKOUT.

Section 895 of title 10, United States Code (article 95 of the

Uniform Code of Military Justice), as transferred and redesignated

by section 5401(8) of this Act, is amended to read as follows:

‘‘§ 895. Art. 95. Offenses by sentinel or lookout

‘‘(a) D

RUNK OR

LEEPING ON

OST

EAVING

OST

EFORE

EING

ELIEVED

.—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) L

OITERING OR

RONGFULLY

ITTING ON

OST

.—Any sen-

tinel or lookout who loiters or wrongfully sits down on post shall

be punished as a court-martial may direct.’’.

SEC. 5412. DISRESPECT TOWARD SENTINEL OR LOOKOUT.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 895 (article 95 of the Uniform

Code of Military Justice), as amended by section 5411 of this

Act, the following new section (article):

‘‘§ 895a. Art. 95a. Disrespect toward sentinel or lookout

‘‘(a) D

ISRESPECTFUL

ANGUAGE

OWARD

ENTINEL OR

OOK

OUT

.—Any person subject to this chapter who, knowing that another

person is a sentinel or lookout, uses wrongful and disrespectful

10 USC 895a.

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130 STAT. 2944 PUBLIC LAW 114–328—DEC. 23, 2016

language that is directed toward and within the hearing of the

sentinel or lookout, who is in the execution of duties as a sentinel

or lookout, shall be punished as a court-martial may direct.

‘‘(b) D

ISRESPECTFUL

EHAVIOR

OWARD

ENTINEL OR

OOK

OUT

.—Any person subject to this chapter who, knowing that another

person is a sentinel or lookout, behaves in a wrongful and dis-

respectful manner that is directed toward and within the sight

of the sentinel or lookout, who is in the execution of duties as

a sentinel or lookout, shall be punished as a court-martial may

direct.’’.

SEC. 5413. RELEASE OF PRISONER WITHOUT AUTHORITY; DRINKING

WITH PRISONER.

Section 896 of title 10, United States Code (article 96 of the

Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 896. Art. 96. Release of prisoner without authority;

drinking with prisoner

‘‘(a) R

ELEASE OF

RISONER

ITHOUT

UTHORITY

.—Any person

subject to this chapter—

‘‘(1) who, without authority to do so, releases a prisoner;

‘‘(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) D

RINKING

ITH

RISONER

.—Any person subject to this

chapter who unlawfully drinks any alcoholic beverage with a pris-

oner shall be punished as a court-martial may direct.’’.

SEC. 5414. PENALTY FOR ACTING AS A SPY.

Section 903 of title 10, United States Code (article 103 of

the Uniform Code of Military Justice), as transferred and redesig-

nated by section 5401(7) of this Act, is amended by inserting before

the period at the end of the first sentence the following: ‘‘or such

other punishment as a court-martial or a military commission may

direct’’.

SEC. 5415. PUBLIC RECORDS OFFENSES.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 903b (article 103b of the

Uniform Code of Military Justice), as redesignated by section

5401(5) of this Act, the following new section (article):

‘‘§ 904. Art. 104. Public records offenses

‘‘Any person subject to this chapter who, willfully and unlaw-

fully—

‘‘(1) alters, conceals, removes, mutilates, obliterates, or

destroys a public record; or

‘‘(2) takes a public record with the intent to alter, conceal,

remove, mutilate, obliterate, or destroy the public record;

shall be punished as a court-martial may direct.’’.

SEC. 5416. FALSE OR UNAUTHORIZED PASS OFFENSES.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 905 (article 105 of the Uniform

Code of Military Justice), as transferred and redesignated by section

5401(12) of this Act, the following new section (article):

10 USC 904.

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130 STAT. 2945 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘§ 905a. Art. 105a. False or unauthorized pass offenses

‘‘(a) W

RONGFUL

AKING

, A

LTERING

ETC

.—Any person subject

to this chapter who, wrongfully and falsely, makes, alters, counter-

feits, or tampers with a military or official pass, permit, discharge

certificate, or identification card shall be punished as a court-

martial may direct.

‘‘(b) W

RONGFUL

ALE

ETC

.—Any person subject to this chapter

who wrongfully sells, gives, lends, or disposes of a false or unauthor-

ized military or official pass, permit, discharge certificate, or identi-

fication card, knowing that the pass, permit, discharge certificate,

or identification card is false or unauthorized, shall be punished

as a court-martial may direct.

‘‘(c) W

RONGFUL

SE OR

OSSESSION

.—Any person subject to

this chapter who wrongfully uses or possesses a false or unauthor-

ized military or official pass, permit, discharge certificate, or identi-

fication card, knowing that the pass, permit, discharge certificate,

or identification card is false or unauthorized, shall be punished

as a court-martial may direct.’’.

SEC. 5417. IMPERSONATION OFFENSES.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 905a (article 105a of the

Uniform Code of Military Justice), as added by section 5416 of

this Act, the following new section (article):

‘‘§ 906. Art. 106. Impersonation of officer, noncommissioned

or petty officer, or agent or official

‘‘(a) I

ENERAL

.—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) I

MPERSONATION

ITH

NTENT TO

EFRAUD

.—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) I

MPERSONATION OF

OVERNMENT

FFICIAL

ITHOUT

NTENT TO

EFRAUD

.—Any person subject to this chapter who,

wrongfully, willfully, and without intent to defraud, impersonates

an official of a government by committing an act that exercises

or asserts the authority of the office that the person claims to

have shall be punished as a court-martial may direct.’’.

SEC. 5418. INSIGNIA OFFENSES.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 906 (article 106 of the Uniform

Code of Military Justice), as added by section 5417 of this Act,

the following new section (article):

‘‘§ 906a. Art. 106a. Wearing unauthorized insignia, decoration,

badge, ribbon, device, or lapel button

‘‘Any person subject to this chapter—

‘‘(1) who is not authorized to wear an insignia, decoration,

badge, ribbon, device, or lapel button; and

10 USC 906a.

10 USC 906.

10 USC 905a.

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130 STAT. 2946 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) who wrongfully wears such insignia, decoration, badge,

ribbon, device, or lapel button upon the person’s uniform or

civilian clothing;

shall be punished as a court-martial may direct.’’.

SEC. 5419. FALSE OFFICIAL STATEMENTS; FALSE SWEARING.

Section 907 of title 10, United States Code (article 107 of

the Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 907. Art. 107. False official statements; false swearing

‘‘(a) F

ALSE

FFICIAL

TATEMENTS

.—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) F

ALSE

WEARING

.—Any person subject to this chapter—

‘‘(1) who takes an oath that—

‘‘(A) is administered in a matter in which such oath

is required or authorized by law; and

‘‘(B) is administered by a person with authority to

do so; and

‘‘(2) who, upon such oath, makes or subscribes to a state-

ment;

if the statement is false and at the time of taking the oath, the

person does not believe the statement to be true, shall be punished

as a court-martial may direct.’’.

SEC. 5420. PAROLE VIOLATION.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 907 (article 107 of the Uniform

Code of Military Justice), as amended by section 5419 of this

Act, the following new section (article):

‘‘§ 907a. Art. 107a. Parole violation

‘‘Any person subject to this chapter—

‘‘(1) who, having been a prisoner as the result of a court-

martial conviction or other criminal proceeding, is on parole

with conditions; and

‘‘(2) who violates the conditions of parole;

shall be punished as a court-martial may direct.’’.

SEC. 5421. WRONGFUL TAKING, OPENING, ETC. OF MAIL MATTER.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 909 (article 109 of the Uniform

Code of Military Justice), the following new section (article):

‘‘§ 909a. Art. 109a. Mail matter: wrongful taking, opening,

etc.

‘‘(a) T

AKING

.—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) O

PENING

, S

ECRETING

, D

ESTROYING

, S

TEALING

.—Any person

subject to this chapter who wrongfully opens, secretes, destroys,

or steals mail matter before the mail matter is delivered to or

10 USC 909a.

10 USC 907a.

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130 STAT. 2947 PUBLIC LAW 114–328—DEC. 23, 2016

received by the addressee shall be punished as a court-martial

may direct.’’.

SEC. 5422. IMPROPER HAZARDING OF VESSEL OR AIRCRAFT.

Section 910 of title 10, United States Code (article 110 of

the Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 910. Art. 110. Improper hazarding of vessel or aircraft

‘‘(a) W

ILLFUL AND

RONGFUL

AZARDING

.—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) N

EGLIGENT

AZARDING

.—Any person subject to this chapter

who negligently hazards or suffers to be hazarded any vessel or

aircraft of the armed forces shall be punished as a court-martial

may direct.’’.

SEC. 5423. LEAVING SCENE OF VEHICLE ACCIDENT.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 910 (article 110 of the Uniform

Code of Military Justice), as amended by section 5422 of this

Act, the following new section (article):

‘‘§ 911. Art. 111. Leaving scene of vehicle accident

‘‘(a) D

RIVER

.—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;

‘‘(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) S

ENIOR

ASSENGER

.—Any person subject to this chapter—

‘‘(1) who is a passenger in a vehicle that is involved in

an accident that results in personal injury or property damage;

‘‘(2) who is the superior commissioned or noncommissioned

officer of the driver of the vehicle or is the commander of

the vehicle; and

‘‘(3) who wrongfully and unlawfully orders, causes, or per-

mits the driver to leave the scene of the accident—

‘‘(A) without providing assistance to an injured person;

‘‘(B) without providing personal identification to others

involved in the accident or to appropriate authorities;

shall be punished as a court-martial may direct.’’.

SEC. 5424. DRUNKENNESS AND OTHER INCAPACITATION OFFENSES.

Section 912 of title 10, United States Code (article 112 of

the Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 912. Art. 112. Drunkenness and other incapacitation

offenses

‘‘(a) D

RUNK ON

UTY

.—Any person subject to this chapter who

is drunk on duty shall be punished as a court-martial may direct.

10 USC 911.

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130 STAT. 2948 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(b) I

NCAPACITATION FOR

UTY

ROM

RUNKENNESS OR

RUG

.—Any person subject to this chapter who, as a result of indul-

gence in any alcoholic beverage or any drug, is incapacitated for

the proper performance of duty shall be punished as a court-martial

may direct.

‘‘(c) D

RUNK

RISONER

.—Any person subject to this chapter who

is a prisoner and, while in such status, is drunk shall be punished

as a court-martial may direct.’’.

SEC. 5425. LOWER BLOOD ALCOHOL CONTENT LIMITS FOR CONVIC-

TION OF DRUNKEN OR RECKLESS OPERATION OF

VEHICLE, AIRCRAFT, OR VESSEL.

Subsection (b)(3) of section 913 of title 10, United States Code

(article 113 of the Uniform Code of Military Justice), as transferred

and redesignated by section 5401(9) of this Act, is amended—

(1) by striking ‘‘0.10 grams’’ both places it appears and

inserting ‘‘0.08 grams’’; and

(2) by adding at the end the following new sentence: ‘‘The

Secretary may by regulation prescribe limits that are lower

than the limits specified in the preceding sentence, if such

lower limits are based on scientific developments, as reflected

in Federal law of general applicability.’’.

SEC. 5426. ENDANGERMENT OFFENSES.

Section 914 of title 10, United States Code (article 114 of

the Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 914. Art. 114. Endangerment offenses

‘‘(a) R

ECKLESS

NDANGERMENT

.—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) D

UELING

.—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) F

IREARM

ISCHARGE

, E

NDANGERING

UMAN

IFE

.—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) C

ARRYING

ONCEALED

EAPON

.—Any person subject to

this chapter who unlawfully carries a dangerous weapon concealed

on or about his person shall be punished as a court-martial may

direct.’’.

SEC. 5427. COMMUNICATING THREATS.

Section 915 of title 10, United States Code (article 115 of

the Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 915. Art. 115. Communicating threats

‘‘(a) C

OMMUNICATING

HREATS

ENERALLY

.—Any person subject

to this chapter who wrongfully communicates a threat to injure

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130 STAT. 2949 PUBLIC LAW 114–328—DEC. 23, 2016

the person, property, or reputation of another shall be punished

as a court-martial may direct.

‘‘(b) C

OMMUNICATING

HREAT TO

XPLOSIVE

ETC

.—Any

person subject to this chapter who wrongfully communicates a

threat to injure the person or property of another by use of (1)

an explosive, (2) a weapon of mass destruction, (3) a biological

or chemical agent, substance, or weapon, or (4) a hazardous mate-

rial, shall be punished as a court-martial may direct.

‘‘(c) C

OMMUNICATING

ALSE

HREAT

ONCERNING

SE OF

XPLOSIVE

ETC

.—Any person subject to this chapter who mali-

ciously communicates a false threat concerning injury to the person

or property of another by use of (1) an explosive, (2) a weapon

of mass destruction, (3) a biological or chemical agent, substance,

or weapon, or (4) a hazardous material, shall be punished as a

court-martial may direct. As used in the preceding sentence, the

term ‘false threat’ means a threat that, at the time the threat

is communicated, is known to be false by the person communicating

the threat.’’.

SEC. 5428. TECHNICAL AMENDMENT RELATING TO MURDER.

Section 918(4) of title 10, United States Code (article 118(4)

of the Uniform Code of Military Justice), is amended by striking

‘‘forcible sodomy,’’.

SEC. 5429. CHILD ENDANGERMENT.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 919a (article 119a of the

Uniform Code of Military Justice), the following new section

(article):

‘‘§ 919b. Art. 119b. Child endangerment

‘‘Any person subject to this chapter—

‘‘(1) who has a duty for the care of a child under the

age of 16 years; and

‘‘(2) who, through design or culpable negligence, endangers

the child’s mental or physical health, safety, or welfare;

shall be punished as a court-martial may direct.’’.

SEC. 5430. RAPE AND SEXUAL ASSAULT OFFENSES.

(a) O

FFENSE OF

EXUAL

SSAULT

.—Subsection (b) of section

920 of title 10, United States Code (article 120 of the Uniform

Code of Military Justice), is amended—

(1) in paragraph (1)—

(A) by striking subparagraph (B); and

(B) by redesignating subparagraphs (C) and (D) as

subparagraphs (B) and (C), respectively; and

(2) in paragraph (2)—

(A) by striking ‘‘another person when’’ and inserting

‘‘another person—

‘‘(B) when’’; and

(B) by inserting before subparagraph (B), as added

by subparagraph (A) of this paragraph, the following new

subparagraph:

‘‘(A) without the consent of the other person; or’’.

(b) D

EFINITIONS

.—

(1) S

EXUAL ACT

.—Paragraph (1) of subsection (g) of such

section (article) is amended to read as follows:

‘‘(1) S

EXUAL ACT

.—The term ‘sexual act’ means—

10 USC 919b.

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130 STAT. 2950 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(A) the penetration, however slight, of the penis into

the vulva or anus or mouth;

‘‘(B) contact between the mouth and the penis, vulva,

scrotum, or anus; or

‘‘(C) the penetration, however slight, of the vulva or

penis or anus of another by any part of the body or any

object, with an intent to abuse, humiliate, harass, or

degrade any person or to arouse or gratify the sexual

desire of any person.’’.

(2) S

EXUAL CONTACT

.—Paragraph (2) of such subsection

is amended to read as follows:

‘‘(2) S

EXUAL CONTACT

.—The term ‘sexual contact’ means

touching, or causing another person to touch, either directly

or through the clothing, the vulva, penis, scrotum, anus, groin,

brest, inner thigh, or buttocks of any person, with an intent

to abuse, humiliate, harass, or degrade any person or to arouse

or gratify the sexual desire of any person. Touching may be

accomplished by any part of the body or an object.’’.

(3) R

EPEAL OF DEFINITION OF BODILY HARM

.—Such sub-

section is further amended—

(A) by striking paragraph (3); and

(B) by redesignating paragraphs (4) through (8) as

paragraphs (3) through (7), respectively.

(4) C

ONSENT

.—Paragraph (7) of such subsection, as redesig-

nated by paragraph (3)(B) of this subsection, is further

amended—

(A) in subparagraph (A)—

(i) in the second sentence, by striking ‘‘or submis-

sion resulting from the use of force, threat of force,

or placing another in fear’’;

(ii) by inserting after the second sentence, as

amended by clause (i) of this subparagraph the fol-

lowing new sentence: ‘‘Submission resulting from the

use of force, threat of force, or placing another person

in fear also does not constitute consent.’’; and

(iii) in the last sentence, by striking ‘‘shall not’’

and inserting ‘‘does not’’;

(B) in subparagraph (B), by striking ‘‘subparagraph

(B) or (D)’’ and inserting ‘‘subparagraph (B) or (C)’’; and

(i) by striking the first sentence; and

(ii) in the last sentence, by striking ‘‘, or whether’’

and all that follows and inserting a period.

(5) I

NCAPABLE OF CONSENTING

.—Such subsection is further

amended by adding at the end the following new paragraph

(8):

‘‘(8) I

NCAPABLE OF CONSENTING

.—The term ‘incapable of

consenting’ means the person is—

‘‘(A) incapable of appraising the nature of the conduct

at issue; or

‘‘(B) physically incapable of declining participation in,

or communicating unwillingess to engage in, the sexual

act at issue.’’.

APE AND

EXUAL

SSAULT OF A

HILD

.—Subsection (h)(1)

of section 920b of title 10, United States Code (article 120b of

the Uniform Code of Military Justice), is amended by inserting

before the period at the end the following: ‘‘, except that the term

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130 STAT. 2951 PUBLIC LAW 114–328—DEC. 23, 2016

‘sexual act’ also includes the intentional touching, not through

the clothing, of the genitalia of another person who has not attained

the age of 16 years with an intent to abuse, humiliate, harass,

degrade, or arouse or gratify the sexual desire of any person’’.

SEC. 5431. DEPOSIT OF OBSCENE MATTER IN THE MAIL.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 920 (article 120 of the Uniform

Code of Military Justice), the following new section (article):

‘‘§ 920a. Art. 120a. Mails: deposit of obscene matter

‘‘Any person subject to this chapter who, wrongfully and know-

ingly, deposits obscene matter for mailing and delivery shall be

punished as a court-martial may direct.’’.

SEC. 5432. FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS, AND

OTHER ACCESS DEVICES.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 921 (article 121 of the Uniform

Code of Military Justice), the following new section (article):

‘‘§ 921a. Art. 121a. Fraudulent use of credit cards, debit cards,

and other access devices

‘‘(a) I

ENERAL

.—Any person subject to this chapter who,

knowingly and with intent to defraud, uses—

‘‘(1) a stolen credit card, debit card, or other access device;

‘‘(2) a revoked, cancelled, or otherwise invalid credit card,

debit card, or other access device; or

‘‘(3) a credit card, debit card, or other access device without

the authorization of a person whose authorization is required

for such use;

to obtain money, property, services, or anything else of value shall

be punished as a court-martial may direct.

‘‘(b) A

CCESS

EVICE

EFINED

.—In this section (article), the

term ‘access device’ has the meaning given that term in section

1029 of title 18.’’.

SEC. 5433. FALSE PRETENSES TO OBTAIN SERVICES.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 921a (article 121a of the

Uniform Code of Military Justice), as added by section 5432 of

this Act, the following new section (article):

‘‘§ 921b. Art. 121b. False pretenses to obtain services

‘‘Any person subject to this chapter who, with intent to defraud,

knowingly uses false pretenses to obtain services shall be punished

as a court-martial may direct.’’.

SEC. 5434. ROBBERY.

Section 922 of title 10, United States Code (article 122 of

the Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 922. Art. 122. Robbery

‘‘Any person subject to this chapter who takes anything of

value from the person or in the presence of another, against his

will, by means of force or violence or fear of immediate or future

injury to his person or property or to the person or property of

a relative or member of his family or of anyone in his company

10 USC 921b.

10 USC 921a.

10 USC 920a.

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130 STAT. 2952 PUBLIC LAW 114–328—DEC. 23, 2016

at the time of the robbery, is guilty of robbery and shall be punished

as a court-martial may direct.’’.

SEC. 5435. RECEIVING STOLEN PROPERTY.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 922 (article 122 of the Uniform

Code of Military Justice), as amended by section 5434 of this

Act, the following new section (article):

‘‘§ 922a. Art. 122a. Receiving stolen property

‘‘Any person subject to this chapter who wrongfully receives,

buys, or conceals stolen property, knowing the property to be stolen

property, shall be punished as a court-martial may direct.’’.

SEC. 5436. OFFENSES CONCERNING GOVERNMENT COMPUTERS.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 922a (article 122a of the

Uniform Code of Military Justice), as added by section 5435 of

this Act, the following new section (article):

‘‘§ 923. Art. 123. Offenses concerning Government computers

‘‘(a) I

ENERAL

.—Any person subject to this chapter who—

‘‘(1) knowingly accesses a Government computer, with an

unauthorized purpose, and by doing so obtains classified

information, with reason to believe such information could be

used to the injury of the United States, or to the advantage

of any foreign nation, and intentionally communicates, delivers,

transmits, or causes to be communicated, delivered, or trans-

mitted such information to any person not entitled to receive

it;

‘‘(2) intentionally accesses a Government computer, with

an unauthorized purpose, and thereby obtains classified or

other protected information from any Government computer;

‘‘(3) knowingly causes the transmission of a program,

information, code, or command, and as a result of such conduct,

intentionally causes damage without authorization to a Govern-

ment computer;

shall be punished as a court-martial may direct.

‘‘(b) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘computer’ has the meaning given that term

in section 1030 of title 18.

‘‘(2) The term ‘Government computer’ means a computer

owned or operated by or on behalf of the United States Govern-

ment.

‘‘(3) The term ‘damage’ has the meaning given that term

in section 1030 of title 18.’’.

SEC. 5437. BRIBERY.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 924 (article 124 of the Uniform

Code of Military Justice), as transferred and redesignated by section

5401(14) of this Act, the following new section (article):

‘‘§ 924a. Art. 124a. Bribery

‘‘(a) A

SKING

, A

CCEPTING

ECEIVING

HING OF

ALUE

.—

Any person subject to this chapter—

10 USC 924a.

10 USC 923.

10 USC 922a.

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130 STAT. 2953 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(1) who occupies an official position or who has official

duties; and

‘‘(2) who wrongfully asks, accepts, or receives a thing of

value with the intent to have the person’s decision or action

influenced with respect to an official matter in which the United

States is interested;

shall be punished as a court-martial may direct.

‘‘(b) P

ROMISING

, O

FFERING

IVING

HING OF

ALUE

.—Any

person subject to this chapter who wrongfully promises, offers,

or gives a thing of value to another person, who occupies an official

position or who has official duties, with the intent to influence

the decision or action of the other person with respect to an official

matter in which the United States is interested, shall be punished

as a court-martial may direct.’’.

SEC. 5438. GRAFT.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 924a (article 124a of the

Uniform Code of Military Justice), as added by section 5437 of

this Act, the following new section (article):

‘‘§ 924b. Art. 124b. Graft

‘‘(a) A

SKING

, A

CCEPTING

ECEIVING

HING OF

ALUE

.—

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) P

ROMISING

, O

FFERING

IVING

HING OF

ALUE

.—Any

person subject to this chapter who wrongfully promises, offers,

or gives a thing of value to another person, who occupies an official

position or who has official duties, as compensation for or in recogni-

tion of services rendered or to be rendered by the other person

with respect to an official matter in which the United States is

interested, shall be punished as a court-martial may direct.’’.

SEC. 5439. KIDNAPPING.

Section 925 of title 10, United States Code (article 125 of

the Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 925. Art. 125. Kidnapping

‘‘Any person subject to this chapter who wrongfully—

‘‘(1) seizes, confines, inveigles, decoys, or carries away

another person; and

‘‘(2) holds the other person against that person’s will;

shall be punished as a court-martial may direct.’’.

SEC. 5440. ARSON; BURNING PROPERTY WITH INTENT TO DEFRAUD.

Section 926 of title 10, United States Code (article 126 of

the Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 926. Art. 126. Arson; burning property with intent to

defraud

‘‘(a) A

GGRAVATED

RSON

.—Any person subject to this chapter

who, willfully and maliciously, burns or sets on fire an inhabited

10 USC 924b.

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130 STAT. 2954 PUBLIC LAW 114–328—DEC. 23, 2016

dwelling, or any other structure, movable or immovable, wherein,

to the knowledge of that person, there is at the time a human

being, is guilty of aggravated arson and shall be punished as

a court-martial may direct.

‘‘(b) S

IMPLE

RSON

.—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) B

URNING

ROPERTY

ITH

NTENT TO

EFRAUD

.—Any per-

son subject to this chapter who, willfully, maliciously, and with

intent to defraud, burns or sets fire to any property shall be pun-

ished as a court-martial may direct.’’.

SEC. 5441. ASSAULT.

Section 928 of title 10, United States Code (article 128 of

the Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 928. Art. 128. Assault

‘‘(a) A

SSAULT

.—Any person subject to this chapter who, unlaw-

fully and with force or violence—

‘‘(1) attempts to do bodily harm to another person;

‘‘(2) offers to do bodily harm to another person; or

‘‘(3) does bodily harm to another person;

is guilty of assault and shall be punished as a court-martial may

direct.

‘‘(b) A

GGRAVATED

SSAULT

.—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) A

SSAULT

ITH

NTENT TO

OMMIT

PECIFIED

FFENSES

.—

‘‘(1) I

N 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) O

FFENSES SPECIFIED

.—The offenses referred to in para-

graph (1) are murder, voluntary manslaughter, rape, sexual

assault, rape of a child, sexual assault of a child, robbery,

arson, burglary, and kidnapping.’’.

SEC. 5442. BURGLARY AND UNLAWFUL ENTRY.

Section 929 of title 10, United States Code (article 129 of

the Uniform Code of Military Justice), and section 929a of such

title (article 129a), as redesignated by section 5401(10) of this

Act, are amended to read as follows:

‘‘§ 929. Art. 129. Burglary; unlawful entry

‘‘(a) B

URGLARY

.—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) U

NLAWFUL

NTRY

.—Any person subject to this chapter

who unlawfully enters—

‘‘(1) the real property of another; or

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130 STAT. 2955 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) the personal property of another which amounts to

a structure usually used for habitation or storage;

shall be punished as a court-martial may direct.’’.

SEC. 5443. STALKING.

Section 930 of title 10, United States Code (article 130 of

the Uniform Code of Military Justice), as transferred and redesig-

nated by section 5401(11) of this Act, is amended to read as follows:

‘‘§ 930. Art. 130. Stalking

‘‘(a) I

ENERAL

.—Any person subject to this chapter—

‘‘(1) who wrongfully engages in a course of conduct directed

at a specific person that would cause a reasonable person

to fear death or bodily harm, including sexual assault, to him-

self or herself, to a member of his or her immediate family,

or to his or her intimate partner;

‘‘(2) who has knowledge, or should have knowledge, that

the specific person will be placed in reasonable fear of death

or bodily harm, including sexual assault, to himself or herself,

to a member of his or her immediate family, or to his or

her intimate partner; and

‘‘(3) whose conduct induces reasonable fear in the specific

person of death or bodily harm, including sexual assault, to

himself or herself, to a member of his or her immediate family,

or to his or her intimate partner;

is guilty of stalking and shall be punished as a court-martial may

direct.

‘‘(b) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘conduct’ means conduct of any kind,

including use of surveillance, the mails, an interactive computer

service, an electronic communication service, or an electronic

communication system.

‘‘(2) The term ‘course of conduct’ means—

‘‘(A) a repeated maintenance of visual or physical prox-

imity to a specific person;

‘‘(B) a repeated conveyance of verbal threat, written

threats, or threats implied by conduct, or a combination

of such threats, directed at or toward a specific person;

‘‘(C) a pattern of conduct composed of repeated acts

evidencing a continuity of purpose.

‘‘(3) The term ‘repeated’, with respect to conduct, means

two or more occasions of such conduct.

‘‘(4) The term ‘immediate family’, in the case of a specific

person, means—

‘‘(A) that person’s spouse, parent, brother or sister,

child, or other person to whom he or she stands in loco

parentis; or

‘‘(B) any other person living in his or her household

and related to him or her by blood or marriage.

‘‘(5) The term ‘intimate partner’, in the case of a specific

person, means—

‘‘(A) a former spouse of the specific person, a person

who shares a child in common with the specific person,

or a person who cohabits with or has cohabited as a spouse

with the specific person; or

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130 STAT. 2956 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(B) a person who has been in a social relationship

of a romantic or intimate nature with the specific person,

as determined by the length of the relationship, the type

of relationship, and the frequency of interaction between

the persons involved in the relationship.’’.

SEC. 5444. SUBORNATION OF PERJURY.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 931 (article 131 of the Uniform

Code of Military Justice), the following new section (article):

‘‘§ 931a. Art. 131a. Subornation of perjury

‘‘(a) I

ENERAL

.—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) C

ONDITIONS

.—The conditions referred to in subsection (a)

are the following:

‘‘(1) The oath is administered with respect to a matter

for which such oath is required or authorized by law.

‘‘(2) The oath is administered by a person having authority

to do so.

‘‘(3) Upon the oath, the other person willfully makes or

subscribes a statement.

‘‘(4) The statement is material.

‘‘(5) The statement is false.

‘‘(6) When the statement is made or subscribed, the person

subject to this chapter and the other person do not believe

that the statement is true.’’.

SEC. 5445. OBSTRUCTING JUSTICE.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 931a (article 131a of the

Uniform Code of Military Justice), as added by section 5444 of

this Act, the following new section (article):

‘‘§ 931b. Art. 131b. Obstructing justice

‘‘Any person subject to this chapter who engages in conduct

in the case of a certain person against whom the accused had

reason to believe there were or would be criminal or disciplinary

proceedings pending, with intent to influence, impede, or otherwise

obstruct the due administration of justice shall be punished as

a court-martial may direct.’’.

SEC. 5446. MISPRISION OF SERIOUS OFFENSE.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 931b (article 131b of the

Uniform Code of Military Justice), as added by section 5445 of

this Act, the following new section (article):

‘‘§ 931c. Art. 131c. Misprision of serious offense

‘‘Any person subject to this chapter—

‘‘(1) who knows that another person has committed a

serious offense; and

10 USC 931c.

10 USC 931b.

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130 STAT. 2957 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(2) wrongfully conceals the commission of the offense and

fails to make the commission of the offense known to civilian

or military authorities as soon as possible;

shall be punished as a court-martial may direct.’’.

SEC. 5447. WRONGFUL REFUSAL TO TESTIFY.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 931c (article 131c of the

Uniform Code of Military Justice), as added by section 5446 of

this Act, the following new section (article):

‘‘§ 931d. Art. 131d. Wrongful refusal to testify

‘‘Any person subject to this chapter who, in the presence of

a court-martial, a board of officers, a military commission, a court

of inquiry, a preliminary hearing, or an officer taking a deposition,

of or for the United States, wrongfully refuses to qualify as a

witness or to answer a question after having been directed to

do so by the person presiding shall be punished as a court-martial

may direct.’’.

SEC. 5448. PREVENTION OF AUTHORIZED SEIZURE OF PROPERTY.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 931d (article 131d of the

Uniform Code of Military Justice), as added by section 5447 of

this Act, the following new section (article):

‘‘§ 931e. Art. 131e. Prevention of authorized seizure of prop-

erty

‘‘Any person subject to this chapter who, knowing that one

or more persons authorized to make searches and seizures are

seizing, are about to seize, or are endeavoring to seize property,

destroys, removes, or otherwise disposes of the property with intent

to prevent the seizure thereof shall be punished as a court-martial

may direct.’’.

SEC. 5449. WRONGFUL INTERFERENCE WITH ADVERSE ADMINISTRA-

TIVE PROCEEDING.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 931f (article 131f of the

Uniform Code of Military Justice), as transferred and redesignated

by section 5401(3) of this Act, the following new section (article):

‘‘§ 931g. Art. 131g. Wrongful interference with adverse

administrative proceeding

‘‘Any person subject to this chapter who, having reason to

believe that an adverse administrative proceeding is pending

against any person subject to this chapter, wrongfully acts with

the intent—

‘‘(1) to influence, impede, or obstruct the conduct of the

proceeding; or

‘‘(2) otherwise to obstruct the due administration of justice;

shall be punished as a court-martial may direct.’’.

SEC. 5450. RETALIATION.

Subchapter X of chapter 47 of title 10, United States Code,

is amended by inserting after section 931g (article 131g of the

Uniform Code of Military Justice), as added by section 5449 of

this Act, the following new section (article):

10 USC 931g.

10 USC 931e.

10 USC 931d.

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130 STAT. 2958 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘§ 932. Art. 132. Retaliation

‘‘(a) I

ENERAL

.—Any person subject to this chapter who,

with the intent to retaliate against any person for reporting or

planning to report a criminal offense, or making or planning to

make a protected communication, or with the intent to discourage

any person from reporting a criminal offense or making or planning

to make a protected communication—

‘‘(1) wrongfully takes or threatens to take an adverse per-

sonnel action against any person; or

‘‘(2) wrongfully withholds or threatens to withhold a favor-

able personnel action with respect to any person;

shall be punished as a court-martial may direct.

‘‘(b) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘protected communication’ means the fol-

lowing:

‘‘(A) A lawful communication to a Member of Congress

or an Inspector General.

‘‘(B) A communication to a covered individual or

organization in which a member of the armed forces com-

plains of, or discloses information that the member reason-

ably believes constitutes evidence of, any of the following:

‘‘(i) A violation of law or regulation, including a

law or regulation prohibiting sexual harassment or

unlawful discrimination.

‘‘(ii) Gross mismanagement, a gross waste of funds,

an abuse of authority, or a substantial and specific

danger to public health or safety.

‘‘(2) The term ‘Inspector General’ has the meaning given

that term in section 1034(h) of this title.

‘‘(3) The term ‘covered individual or organization’ means

any recipient of a communication specified in clauses (i) through

(v) of section 1034(b)(1)(B) of this title.

‘‘(4) The term ‘unlawful discrimination’ means discrimina-

tion on the basis of race, color, religion, sex, or national origin.’’.

SEC. 5451. EXTRATERRITORIAL APPLICATION OF CERTAIN OFFENSES.

Section 934 of title 10, United States Code (article 134 of

the Uniform Code of Military Justice), is amended by adding at

the end the following new sentence: ‘‘As used in the preceding

sentence, the term ‘crimes and offenses not capital’ includes any

conduct engaged in outside the United States, as defined in section

5 of title 18, that would constitute a crime or offense not capital

if the conduct had been engaged in within the special maritime

and territorial jurisdiction of the United States, as defined in section

7 of title 18.’’.

SEC. 5452. TABLE OF SECTIONS.

The table of sections at the beginning of subchapter X of chapter

47 of title 10, United States Code (the Uniform Code of Military

Justice), is amended to read as follows:

‘‘

SUBCHAPTER X

—

PUNITIVE ARTICLES

‘‘Sec. Art.

‘‘877. Art. 77. Principals.

‘‘878. Art. 78. Accessory after the fact.

‘‘879. Art. 79. Conviction of offense charged, lesser included offenses, and attempts.

‘‘880. Art. 80. Attempts.

‘‘881. Art. 81. Conspiracy.

‘‘882. Art. 82. Soliciting commission of offenses.

10 USC 932.

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130 STAT. 2959 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘883. Art. 83. Malingering.

‘‘884. Art. 84. Breach of medical quarantine.

‘‘885. Art. 85. Desertion.

‘‘886. Art. 86. Absence without leave.

‘‘887. Art. 87. Missing movement; jumping from vessel.

‘‘887a. Art. 87a. Resistence, flight, breach of arrest, and escape.

‘‘887b. Art. 87b. Offenses against correctional custody and restriction.

‘‘888. Art. 88. Contempt toward officials.

‘‘889. Art. 89. Disrespect toward superior commissioned officer; assault of superior

commissioned officer.

‘‘890. Art. 90. Willfully disobeying superior commissioned officer.

‘‘891. Art. 91. Insubordinate conduct toward warrant officer, noncommissioned offi-

cer, or petty officer.

‘‘892. Art. 92. Failure to obey order or regulation.

‘‘893. Art. 93. Cruelty and maltreatment.

‘‘893a. Art. 93a. Prohibited activities with military recruit or trainee by person in

position of special trust.

‘‘894. Art. 94. Mutiny or sedition.

‘‘895. Art. 95. Offenses by sentinel or lookout.

‘‘895a. Art. 95a. Disrespect toward sentinel or lookout.

‘‘896. Art. 96. Release of prisoner without authority; drinking with prisoner.

‘‘897. Art. 97. Unlawful detention.

‘‘898. Art. 98. Misconduct as prisoner.

‘‘899. Art. 99. Misbehavior before the enemy.

‘‘900. Art. 100. Subordinate compelling surrender.

‘‘901. Art. 101. Improper use of countersign.

‘‘902. Art. 102. Forcing a safeguard.

‘‘903. Art. 103. Spies.

‘‘903a. Art. 103a. Espionage.

‘‘903b. Art. 103b. Aiding the enemy.

‘‘904. Art. 104. Public records offenses.

‘‘904a. Art. 104a. Fraudulent enlistment, appointment, or separation.

‘‘904b. Art. 104b. Unlawful enlistment, appointment, or separation.

‘‘905. Art. 105. Forgery.

‘‘905a. Art. 105a. False or unauthorized pass offenses.

‘‘906. Art. 106. Impersonation of officer, noncommissioned or petty officer, or agent

or official.

‘‘906a. Art. 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device,

or lapel button.

‘‘907. Art. 107. False official statements; false swearing.

‘‘907a. Art. 107a. Parole violation.

‘‘908. Art. 108. Military property of the United States—Loss damage, destruction,

or wrongful disposition.

‘‘908a. Art. 108a. Captured or abandoned property.

‘‘909. Art. 109. Property other than military property of the United States—Waste,

spoilage, or destruction.

‘‘909a. Art. 109a. Mail matter: wrongful taking, opening, etc..

‘‘910. Art. 110. Improper hazarding of vessel or aircraft.

‘‘911. Art. 111. Leaving scene of vehicle accident.

‘‘912. Art. 112. Drunkenness and other incapacitation offenses.

‘‘912a. Art. 112a. Wrongful use, possession, etc., of controlled substances.

‘‘913. Art. 113. Drunken or reckless operation of a vehicle, aircraft, or vessel.

‘‘914. Art. 114. Endangerment offenses.

‘‘915. Art. 115. Communicating threats.

‘‘916. Art. 116. Riot or breach of peace.

‘‘917. Art. 117. Provoking speeches or gestures.

‘‘918. Art. 118. Murder.

‘‘919. Art. 119. Manslaughter.

‘‘919a. Art. 119a. Death or injury of an unborn child.

‘‘919b. Art. 119b. Child endangerment.

‘‘920. Art. 120. Rape and sexual assault generally.

‘‘920a. Art. 120a. Mails: deposit of obscene matter.

‘‘920b. Art. 120b. Rape and sexual assault of a child.

‘‘920c. Art. 120c. Other sexual misconduct.

‘‘921. Art. 121. Larceny and wrongful appropriation.

‘‘921a. Art. 121a. Fraudulent use of credit cards, debit cards, and other access de-

vices.

‘‘921b. Art. 121b. False pretenses to obtain services.

‘‘922. Art. 122. Robbery.

‘‘922a. Art. 122a. Receiving stolen property.

‘‘923. Art. 123. Offenses concerning Government computers.

‘‘923a. Art. 123a. Making, drawing, or uttering check, draft, or order without suffi-

cient funds.

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130 STAT. 2960 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘924. Art. 124. Frauds against the United States.

‘‘924a. Art. 124a. Bribery.

‘‘924b. Art. 124b. Graft.

‘‘925. Art. 125. Kidnapping.

‘‘926. Art. 126. Arson; burning property with intent to defraud.

‘‘927. Art. 127. Extortion.

‘‘928. Art. 128. Assault.

‘‘928a. Art 128a. Maiming.

‘‘929. Art. 129. Burglary; unlawful entry.

‘‘930. Art. 130. Stalking.

‘‘931. Art. 131. Perjury.

‘‘931a. Art. 131a. Subornation of perjury.

‘‘931b. Art. 131b. Obstructing justice.

‘‘931c. Art. 131c. Misprision of serious offense.

‘‘931d. Art. 131d. Wrongful refusal to testify.

‘‘931e. Art. 131e. Prevention of authorized seizure of property.

‘‘931f. Art. 131f. Noncompliance with procedural rules.

‘‘931g. Art. 131g. Wrongful interference with adverse administrative proceeding.

‘‘932. Art. 132. Retaliation.

‘‘933. Art. 133. Conduct unbecoming an officer and a gentleman.

‘‘934. Art. 134. General article.’’.

TITLE LXI—MISCELLANEOUS

PROVISIONS

Sec. 5501. Technical amendments relating to courts of inquiry.

Sec. 5502. Technical amendment to Article 136.

Sec. 5503. Articles of Uniform Code of Military Justice to be explained to officers

upon commissioning.

Sec. 5504. Military justice case management; data collection and accessibility.

SEC. 5501. TECHNICAL AMENDMENTS RELATING TO COURTS OF

INQUIRY.

Section 935(c) of title 10, United States Code (article 135(c)

of the Uniform Code of Military Justice), is amended—

(1) by striking ‘‘(c) Any person’’ and inserting ‘‘(c)(1) Any

person’’;

(2) by designating the second and third sentences as para-

graphs (2) and (3), respectively; and

(3) in paragraph (2), as so designated, by striking ‘‘subject

to this chapter or employed by the Department of Defense’’

and inserting ‘‘who is (A) subject to this chapter, (B) employed

by the Department of Defense, or (C) with respect to the Coast

Guard, employed by the department in which the Coast Guard

is operating when it is not operating as a service in the Navy,

and’’.

SEC. 5502. TECHNICAL AMENDMENT TO ARTICLE 136.

Section 936 of title 10, United States Code (article 136 of

the Uniform Code of Military Justice), is amended by striking

the last five words in the section heading.

SEC. 5503. ARTICLES OF UNIFORM CODE OF MILITARY JUSTICE TO

BE EXPLAINED TO OFFICERS UPON COMMISSIONING.

Section 937 of title 10, United States Code (article 137 of

the Uniform Code of Military Justice), is amended—

(1) in subsection (a), by striking ‘‘(a)(1) The sections of

this title (articles of the Uniform Code of Military Justice)’’

and inserting ‘‘ (a) E

NLISTED

EMBERS

.—(1) The sections (arti-

cles) of this chapter (the Uniform Code of Military Justice)’’;

(2) by striking subsection (b); and

(3) by adding after subsection (a) the following new sub-

sections:

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130 STAT. 2961 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(b) O

FFICERS

.—(1) The sections (articles) of this chapter (the

Uniform Code of Military Justice) specified in paragraph (2) shall

be carefully explained to each officer at the time of (or within

six months after)—

‘‘(A) the initial entrance of the officer on active duty as

an officer; or

‘‘(B) the initial commissioning of the officer in a reserve

component.

‘‘(2) This subsection applies with respect to the sections (arti-

cles) specified in subsection (a)(3) and such other sections (articles)

as the Secretary concerned may prescribe by regulation.

‘‘(c) T

RAINING FOR

ERTAIN

FFICERS

.—Under regulations pre-

scribed by the Secretary concerned, officers with the authority to

convene courts-martial or to impose non-judicial punishment shall

receive periodic training regarding the purposes and administration

of this chapter. Under regulations prescribed by the Secretary of

Defense, officers assigned to duty in a joint command or a combatant

command, who have such authority, shall receive additional special-

ized training regarding the purposes and administration of this

chapter with respect to joint commands and the combatant com-

mands.

‘‘(d) A

VAILABILITY AND

AINTENANCE OF

EXT

.—The text of

this chapter (the Uniform Code of Military Justice) and the text

of the regulations prescribed by the President under this chapter

shall be—

‘‘(1) made available to a member on active duty or to

a member of a reserve component, upon request by the member,

for the member’s personal examination; and

‘‘(2) maintained by the Secretary of Defense in electronic

formats that are updated periodically and made available on

the Internet.’’.

SEC. 5504. MILITARY JUSTICE CASE MANAGEMENT; DATA COLLECTION

AND ACCESSIBILITY.

(a) I

ENERAL

.—Subchapter XI of chapter 47 of title 10, United

States Code (the Uniform Code of Military Justice), is amended

by adding at the end the following new section (article):

‘‘§ 940a. Art. 140a. Case management; data collection and

accessibility

‘‘The Secretary of Defense shall prescribe uniform standards

and criteria for conduct of each of the following functions at all

stages of the military justice system, including pretrial, trial, post-

trial, and appellate processes, using, insofar as practicable, the

best practices of Federal and State courts:

‘‘(1) Collection and analysis of data concerning substantive

offenses and procedural matters in a manner that facilitates

case management and decision making within the military

justice system, and that enhances the quality of periodic reviews

under section 946 of this title (article 146).

‘‘(2) Case processing and management.

‘‘(3) Timely, efficient, and accurate production and distribu-

tion of records of trial within the military justice system.

‘‘(4) Facilitation of access to docket information, filings,

and records, taking into consideration restrictions appropriate

to judicial proceedings and military records.’’.

(b) E

FFECTIVE

ATES

.—

10 USC 940a

note.

10 USC 940a.

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130 STAT. 2962 PUBLIC LAW 114–328—DEC. 23, 2016

(1) I

N GENERAL

.—Not later than 2 years after the date

of the enactment of this Act, the Secretary of Defense shall

carry out section 940a of title 10, United States Code (article

140a of the Uniform Code of Military Justice), as added by

subsection (a).

(2) S

TANDARDS AND CRITERIA

.—Not later than 4 years after

the date of the enactment of this Act, the standards and criteria

under section 940a of title 10, United States Code (article

140a of the Uniform Code of Military Justice), as added by

subsection (a), shall take effect.

TITLE LXII—MILITARY JUSTICE REVIEW

PANEL AND ANNUAL REPORTS

Sec. 5521. Military Justice Review Panel.

Sec. 5522. Annual reports.

SEC. 5521. MILITARY JUSTICE REVIEW PANEL.

Section 946 of title 10, United States Code (article 146 of

the Uniform Code of Military Justice), is amended to read as follows:

‘‘§ 946. Art. 146. Military Justice Review Panel

‘‘(a) E

STABLISHMENT

.—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) M

EMBERS

.—

‘‘(1) N

UMBER OF MEMBERS

.—The Panel shall be composed

of thirteen members.

‘‘(2) A

PPOINTMENT OF CERTAIN MEMBERS

.—Each of the fol-

lowing shall appoint one member of the Panel:

‘‘(A) The Secretary of Defense (in consultation with

the Secretary of the department in which the Coast Guard

is operating when it is not operating as a service in the

Navy).

‘‘(B) The Attorney General.

‘‘(C) The Judge Advocates General of the Army, Navy,

Air Force, and Coast Guard, and the Staff Judge Advocate

to the Commandant of the Marine Corps.

‘‘(3) A

PPOINTMENT OF REMAINING MEMBERS BY SECRETARY

OF DEFENSE

.—The Secretary of Defense shall appoint the

remaining members of the Panel, taking into consideration

recommendations made by each of the following:

‘‘(A) The chairman and ranking minority member of

the Committee on Armed Services of the Senate and the

Committee on Armed Services of the House of Representa-

tives.

‘‘(B) The Chief Justice of the United States.

‘‘(C) The Chief Judge of the United States Court of

Appeals for the Armed Forces.

‘‘(c) Q

UALIFICATIONS OF

EMBERS

.—The members of the Panel

shall be appointed from among private United States citizens with

expertise in criminal law, as well as appropriate and diverse experi-

ence in investigation, prosecution, defense, victim representation,

or adjudication with respect to courts-martial, Federal civilian

courts, or State courts.

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130 STAT. 2963 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(d) C

HAIR

.—The Secretary of Defense shall select the chair

of the Panel from among the members.

‘‘(e) T

ERM

; V

ACANCIES

.—Each member shall be appointed for

a term of eight years, and no member may serve more than one

term. Any vacancy shall be filled in the same manner as the

original appointment.

‘‘(f) R

EVIEWS AND

EPORTS

.—

‘‘(1) I

NITIAL REVIEW OF RECENT AMENDMENTS TO UCMJ

.—

During fiscal year 2020, the Panel shall conduct an initial

review and assessment of the implementation of the amend-

ments made to this chapter during the preceding five years.

In conducting the initial review and assessment, the Panel

may review such other aspects of the operation of this chapter

as the Panel considers appropriate.

‘‘(2) S

ENTENCING DATA COLLECTION AND REPORT

.—During

fiscal year 2020, the Panel shall gather and analyze sentencing

data collected from each of the armed forces from general

and special courts-martial applying offense-based sentencing

under section 856 of this title (article 56). The sentencing

data shall include the number of accused who request member

sentencing and the number who request sentencing by military

judge alone, the offenses which the accused were convicted

of, and the resulting sentence for each offense in each case.

The Judge Advocates General and the Staff Judge Advocate

to the Commandant of the Marine Corps shall provide the

sentencing data in the format and for the duration established

by the chair of the Panel. Not later than October 31, 2020,

the Panel shall submit to the Committees on Armed Services

of the Senate and the House of Representatives through the

Secretary of Defense a report setting forth the Panel’s findings

and recommendations on the need for sentencing reform.

‘‘(3) P

ERIODIC COMPREHENSIVE REVIEWS

.—During fiscal year

2024 and every eight years thereafter, the Panel shall conduct

a comprehensive review and assessment of the operation of

this chapter.

‘‘(4) P

ERIODIC INTERIM REVIEWS

.—During fiscal year 2028

and every eight years thereafter, the Panel shall conduct an

interim review and assessment of such other aspects of the

operation of this chapter as the Panel considers appropriate.

In addition, at the request of the Secretary of Defense, the

Panel may, at any time, review and assess other specific mat-

ters relating to the operation of this chapter.

‘‘(5) R

EPORTS

.—Not later than December 31 of each year

during which the Panel conducts a review and assessment

under this subsection, the Panel shall submit to the Committees

on Armed Services of the Senate and the House of Representa-

tives a report setting forth the results of such review and

assessment, including the Panel’s findings and recommenda-

tions.

‘‘(g) H

EARINGS

.—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) I

NFORMATION

ROM

EDERAL

GENCIES

.—Upon request

of the chair of the Panel, a department or agency of the Federal

Government shall provide information that the Panel considers

necessary to carry out its duties under this section.

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130 STAT. 2964 PUBLIC LAW 114–328—DEC. 23, 2016

‘‘(i) A

DMINISTRATIVE

ATTERS

.—

‘‘(1) M

EMBERS 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) S

TAFFING AND RESOURCES

.—The Secretary of Defense

shall provide staffing and resources to support the Panel.

‘‘(j) F

EDERAL

DVISORY

OMMITTEE

.—The Federal Advisory

Committee Act (5 U.S.C. App.) shall not apply to the Panel.’’.

SEC. 5522. ANNUAL REPORTS.

Subchapter XII of chapter 47 of title 10, United States Code

(the Uniform Code of Military Justice), is amended by adding at

the end the following new section (article):

‘‘§ 946a. Art. 146a. Annual reports

‘‘(a) C

OURT OF

PPEALS FOR THE

RMED

ORCES

.—Not later

than December 31 each year, the Court of Appeals for the Armed

Forces shall submit a report that, with respect to the previous

fiscal year, provides information on the number and status of com-

pleted and pending cases before the Court, and such other matters

as the Court considers appropriate regarding the operation of this

chapter.

‘‘(b) S

ERVICE

EPORTS

.—Not later than December 31 each year,

the Judge Advocates General and the Staff Judge Advocate to

the Commandant of the Marine Corps shall each submit a report,

with respect to the preceding fiscal year, containing the following:

‘‘(1) Data on the number and status of pending cases.

‘‘(2) Information on the appellate review process,

including—

‘‘(A) information on compliance with processing time

goals;

‘‘(B) descriptions of the circumstances surrounding

cases in which general or special court-martial convictions

were (i) reversed because of command influence or denial

of the right to speedy review or (ii) otherwise remitted

because of loss of records of trial or other administrative

deficiencies; and

‘‘(C) an analysis of each case in which a provision

of this chapter was held unconstitutional.

‘‘(3)(A) An explanation of measures implemented by the

armed force concerned to ensure the ability of judge advocates—

‘‘(i) to participate competently as trial counsel and

defense counsel in cases under this chapter;

‘‘(ii) to preside as military judges in cases under this

chapter; and

‘‘(iii) to perform the duties of Special Victims’ Counsel,

when so designated under section 1044e of this title.

‘‘(B) The explanation under subparagraph (A) shall specifi-

cally identify the measures that focus on capital cases, national

security cases, sexual assault cases, and proceedings of military

commissions.

‘‘(4) The independent views of each Judge Advocate General

and of the Staff Judge Advocate to the Commandant of the

Marine Corps as to the sufficiency of resources available within

10 USC 946a.

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130 STAT. 2965 PUBLIC LAW 114–328—DEC. 23, 2016

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) S

UBMISSION

.—Each report under this section shall be sub-

mitted—

‘‘(1) to the Committee on Armed Services of the Senate

and the Committee on Armed Services of the House of Rep-

resentatives; and

‘‘(2) to the Secretary of Defense, the Secretaries of the

military departments, and the Secretary of the department

in which the Coast Guard is operating when it is not operating

as a service in the Navy.’’.

TITLE LXIII—CONFORMING

AMENDMENTS AND EFFECTIVE DATES

Sec. 5541. Amendments to UCMJ subchapter tables of sections.

Sec. 5542. Effective dates.

SEC. 5541. AMENDMENTS TO UCMJ SUBCHAPTER TABLES OF SEC-

TIONS.

The tables of sections for the specified subchapters of chapter

47 of title 10, United States Code (the Uniform Code of Military

Justice), are amended as follows:

(1) S

UBCHAPTER II

;

APPREHENSION AND RESTRAINT

.—The

table of sections at the beginning of subchapter II is amended—

(A) by striking the item relating to section 810 (article

10) and inserting the following new item:

‘‘810. Art. 10. Restraint of persons charged.’’; and

(B) by striking the item relating to section 812 (article

12) and inserting the following new item:

‘‘812. Art. 12. Prohibition of confinement of members of the armed forces with

enemy prisoners and certain others.’’.

(2) S

UBCHAPTER V

;

COMPOSITION OF COURTS

MARTIAL

.—The

table of sections at the beginning of subchapter V is amended—

(A) by striking the item relating to section 825a (article

25a) and inserting the following new item:

‘‘825. Art. 25a. Number of court-martial members in capital cases.’’;

(B) by inserting after the item relating to section 826

(article 26) the following new item:

‘‘826a. Art. 26a. Military magistrates.’’; and

29) and inserting the following new item:

‘‘829. Art. 29. Assembly and impaneling of members; detail of new members and

military judges.’’.

(3) S

UBCHAPTER VI

;

PRE

TRIAL PROCEDURE

.—The table of

sections at the beginning of subchapter VI is amended—

10 USC

prec. 830.

10 USC

prec. 822.

10 USC

prec. 807.

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130 STAT. 2966 PUBLIC LAW 114–328—DEC. 23, 2016

(A) by inserting after the item relating to section 830

(article 30) the following new item:

‘‘830. Art. 30a. Certain proceedings conducted before referral.’’; and

(B) by striking the items relating to sections 832

through 835 (articles 32 through 35) and inserting the

following new items:

‘‘832. Art. 32. Preliminary hearing required before referral to general court-martial.

‘‘833. Art. 33. Disposition guidance.

‘‘834. Art. 34. Advice to convening authority before referral for trial.

‘‘835. Art. 35. Service of charges; commencement of trial.’’.

(4) S

UBCHAPTER VII

;

TRIAL PROCEDURE

.—The table of sec-

tions at the beginning of subchapter VII is amended—

(A) by striking the items relating to sections 846

through 848 (articles 46 through 48) and inserting the

following new items:

‘‘846. Art. 46. Opportunity to obtain witnesses and other evidence in trials by court-

martial.

‘‘847. Art. 47. Refusal of person not subject to chapter to appear, testify, or produce

evidence.

‘‘848. Art. 48. Contempt.’’;

(B) by striking the item relating to section 850 (article

50) and inserting the following new item:

‘‘850. Art. 50. Admissibility of sworn testimony from records of courts of inquiry.’’;

52) and inserting the following new item:

‘‘852. Art. 52. Votes required for conviction, sentencing, and other matters.’’; and

(D) by striking the item relating to section 853 (article

53) and inserting the following new items:

‘‘853. Art. 53. Findings and sentencing.

‘‘853a. Art. 53a. Plea agreements.’’.

(5) S

UBCHAPTER VIII

;

SENTENCES

.—The table of sections

at the beginning of subchapter VIII is amended—

(A) by striking the item relating to section 856 (article

56) and inserting the following new item:

‘‘856. Art. 56. Sentencing.’’; and

(B) by striking the items relating to sections 856a

and 857a (articles 56a and 57a).

(6) S

UBCHAPTER IX

;

POST

TRIAL PROCEDURE

.—The table of

sections at the beginning of subchapter IX is amended—

(A) by striking the items relating to sections 860 and

61 (articles 60 and 61) and inserting the following new

items:

‘‘860. Art. 60. Post-trial processing in general and special courts-martial.

‘‘860a. Art. 60a. Limited authority to act on sentence in specified post-trial cir-

cumstances.

‘‘860b. Art. 60b. Post-trial actions in summary courts-martial and certain general

and special courts-martial.

‘‘860c. Art. 60c. Entry of judgment.

‘‘861. Art. 61. Waiver of right to appeal; withdrawal of appeal.’’;

10 USC

prec. 859.

10 USC

prec. 855.

10 USC

prec. 836.

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130 STAT. 2967 PUBLIC LAW 114–328—DEC. 23, 2016

(B) by striking the items relating to sections 864

through 866 (articles 64 through 66) and inserting the

following new items:

‘‘864. Art. 64. Judge advocate review of finding of guilty in summary court-martial.

‘‘865. Art. 65. Transmittal and review of records.

‘‘866. Art. 66. Courts of Criminal Appeals.’’;

69) and inserting the following new item:

‘‘869. Art. 69. Review by Judge Advocate General.’’; and

(D) by striking the item relating to section 871 (article

71).

(7) S

UBCHAPTER XI

;

MISCELLANEOUS PROVISIONS

.—The table

of sections at the beginning of subchapter XI is amended—

(A) by striking the item relating to section 936 (article

136) and inserting the following new item:

‘‘936. Art. 136. Authority to administer oaths.’’; and

(B) by inserting after the item relating to section 940

(article 140) the following new item:

‘‘940a. Art. 140a. Case management; data collection and accessibility.’’.

(8) S

UBCHAPTER XII

;

UNITED STATES COURT OF APPEALS FOR

THE ARMED FORCES

.—The table of sections at the beginning

of subchapter XII is amended by striking the item relating

to section 946 (article 146) and inserting the following new

items:

‘‘946. Art. 146. Military Justice Review Panel.

‘‘946a. Art. 146a. Annual reports.’’.

SEC. 5542. EFFECTIVE DATES.

(a) I

ENERAL

.—Except as otherwise provided in this division,

the amendments made by this division shall take effect on the

date designated by the President, which date shall be not later

than the first day of the first calendar month that begins two

years after the date of the enactment of this Act.

(b) I

MPLEMENTING

EGULATIONS

.—The President shall pre-

scribe regulations implementing this division and the amendments

made by this division by not later than one year after the date

of the enactment of this Act, except as otherwise provided in this

division.

PPLICABILITY

.—

(1) I

N GENERAL

.—Subject to the provisions of this division

and the amendments made by this division, the President shall

prescribe in regulations whether, and to what extent, the

amendments made by this division shall apply to a case in

which one or more actions under chapter 47 of title 10, United

States Code (the Uniform Code of Military Justice), have been

taken before the effective date of such amendments.

(2) I

NAPPLICABILITY TO CASES IN WHICH CHARGES ALREADY

REFERRED TO TRIAL ON EFFECTIVE DATE

.—Except as otherwise

provided in this division or the amendments made by this

division, the amendments made by this division shall not apply

to any case in which charges are referred to trial by court-

martial before the effective date of such amendments. Pro-

ceedings in any such case shall be held in the same manner

10 USC 801 note.

10 USC

prec. 941.

10 USC

prec. 935.

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130 STAT. 2968 PUBLIC LAW 114–328—DEC. 23, 2016

LEGISLATIVE HISTORY—S. 2943 (H.R. 4909):

HOUSE REPORTS: Nos. 114–840 (Comm. of Conference) and 114–537, Pt. 2

(Comm. on Armed Services) accompanying H.R. 4909.

SENATE REPORTS: No. 114–255 (Comm. on Armed Services).

CONGRESSIONAL RECORD, Vol. 162 (2016):

June 6–10, 13, 14, considered and passed Senate.

July 7, considered and passed House, amended, in lieu of H.R. 4909, pursu-

ant to H. Res. 809.

Dec. 2, House agreed to conference report.

Dec. 7, 8, Senate considered and agreed to conference report.

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016):

Dec. 23, Presidential statement.

and with the same effect as if such amendments had not

been enacted.

(3) P

UNITIVE ARTICLE AMENDMENTS

.—

(A) I

N GENERAL

.—The amendments made by title LX

shall not apply to any offense committed before the effective

date of such amendments.

(B) C

ONSTRUCTION

.—Nothing in subparagraph (A)

shall be construed to invalidate the prosecution of any

offense committed before the effective date of such amend-

ments.

(4) S

ENTENCING AMENDMENTS

.—The regulations pre-

scribing the authorized punishments for any offense committed

before the effective date of the amendments made by title

LVIII shall apply to the authorized punishments for the offense,

as in effect at the time the offense is committed.

Approved December 23, 2016.

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