NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR …
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
Dec. 23, 2016 [S. 2943]
To authorize appropriations for fiscal year 2017 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
National Defense Authorization Act for Fiscal Year 2017.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act for Fiscal Year 2017''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.--This Act is organized into five divisions as follows:
(1) Division A--Department of Defense Authorizations. (2) Division B--Military Construction Authorizations. (3) Division C--Department of Energy National Security Authorizations and Other Authorizations. (4) Division D--Funding Tables. (5) Division E--Uniform Code of Military Justice Reform. (b) TABLE OF CONTENTS.--The table of contents for this Act is as follows:
Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for AH?64E Apache helicopters. Sec. 112. Multiyear procurement authority for UH?60M and HH?60M Black Hawk
helicopters. Sec. 113. Distributed Common Ground System?Army increment 1. Sec. 114. Assessment of certain capabilities of the Department of the Army.
Subtitle C--Navy Programs
Sec. 121. Determination of vessel delivery dates. Sec. 122. Incremental funding for detail design and construction of LHA replace-
ment ship designated LHA 8. Sec. 123. Littoral Combat Ship. Sec. 124. Limitation on use of sole-source shipbuilding contracts for certain vessels. Sec. 125. Limitation on availability of funds for the Advanced Arresting Gear Pro-
gram.
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PUBLIC LAW 114?328--DEC. 23, 2016
130 STAT. 2001
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 agreements. Sec. 215. Manufacturing Engineering Education Grant Program. Sec. 216. Notification requirement for certain rapid prototyping, experimentation, and demonstration activities. Sec. 217. Increased micro-purchase threshold for research programs and entities. Sec. 218. Improved biosafety for handling of select agents and toxins. Sec. 219. Designation of Department of Defense senior official with principal responsibility for directed energy weapons. Sec. 220. Restructuring of the distributed common ground system of the Army. Sec. 221. Limitation on availability of funds for the countering weapons of mass destruction system Constellation. Sec. 222. Limitation on availability of funds for Defense Innovation Unit Experimental. Sec. 223. Limitation on availability of funds for Joint Surveillance Target Attack Radar System (JSTARS) recapitalization program. Sec. 224. Acquisition program baseline and annual reports on follow-on modernization program for F?35 Joint Strike Fighter.
Subtitle C--Reports and Other Matters
Sec. 231. Strategy for assured access to trusted microelectronics. Sec. 232. Pilot program on evaluation of commercial information technology. Sec. 233. Pilot program for the enhancement of the research, development, test,
and evaluation centers of the Department of Defense. Sec. 234. Pilot program on modernization and fielding of electromagnetic spectrum
warfare systems and electronic warfare capabilities.
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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 Research Projects Agency and the service academies.
Sec. 237. Independent review of F/A?18 physiological episodes and corrective actions.
Sec. 238. B?21 bomber development program accountability matrices. Sec. 239. Study on helicopter crash prevention and mitigation technology. Sec. 240. Strategy for Improving Electronic and Electromagnetic Spectrum Warfare
Capabilities. Sec. 241. Sense of Congress on development and fielding of fifth generation 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 management.
Sec. 312. Waiver authority for alternative fuel procurement requirement. Sec. 313. Utility data management for military facilities. Sec. 314. Alternative technologies for munitions disposal. Sec. 315. Report on efforts to reduce high energy costs at military installations. Sec. 316. Sense of Congress on funding decisions relating to climate change.
Subtitle C--Logistics and Sustainment
Sec. 321. Revision of deployability rating system and planning reform. Sec. 322. Revision of guidance relating to corrosion control and prevention 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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PUBLIC LAW 114?328--DEC. 23, 2016
130 STAT. 2003
Sec. 412. End strengths for reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2017 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty
for operational support. Sec. 416. Technical corrections to annual authorization for personnel strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Reduction in number of general and flag officers on active duty and authorized strength after December 31, 2022, of such general and flag officers.
Sec. 502. Repeal of statutory specification of general or flag officer grade for various positions in the Armed Forces.
Sec. 503. Number of Marine Corps general officers. Sec. 504. Promotion eligibility period for officers whose confirmation of appoint-
ment is delayed due to nonavailability to the Senate of probative information under control of non-Department of Defense agencies. Sec. 505. Continuation of certain officers on active duty without regard to requirement for retirement for years of service. Sec. 506. Equal consideration of officers for early retirement or discharge. Sec. 507. Modification of authority to drop from rolls a commissioned officer. Sec. 508. Extension of force management authorities allowing enhanced flexibility for officer personnel management. Sec. 509. Pilot programs on direct commissions to cyber positions. Sec. 510. Length of joint duty assignments. Sec. 510A. Revision of definitions used for joint officer management.
Subtitle B--Reserve Component Management
Sec. 511. Authority for temporary waiver of limitation on term of service of Vice Chief of the National Guard Bureau.
Sec. 512. Rights and protections available to military technicians. Sec. 513. Inapplicability of certain laws to National Guard technicians performing
active Guard and Reserve duty. Sec. 514. Extension of removal of restrictions on the transfer of officers between the
active and inactive National Guard. Sec. 515. Extension of temporary authority to use Air Force reserve component 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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