[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2810 Enrolled Bill (ENR)]
H.R.2810
One Hundred Fifteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and seventeen
An Act
To authorize appropriations for fiscal year 2018 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.
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 2018''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into four 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.
(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. Authority to expedite procurement of 7.62mm rifles.
Sec. 112. Limitation on availability of funds for Increment 2 of the
Warfighter Information Network-Tactical program.
Sec. 113. Limitation on availability of funds for upgrade of M113
vehicles.
Subtitle C--Navy Programs
Sec. 121. Aircraft carriers.
Sec. 122. Icebreaker vessel.
Sec. 123. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 124. Multiyear procurement authority for Virginia class submarine
program.
Sec. 125. Design and construction of the lead ship of the amphibious
ship replacement designated LX(R) or amphibious transport dock
designated LPD-30.
Sec. 126. Multiyear procurement authority for V-22 Osprey aircraft.
Sec. 127. Extension of limitation on use of sole-source shipbuilding
contracts for certain vessels.
Sec. 128. Limitation on availability of funds for the enhanced multi-
mission parachute system.
Sec. 129. Report on Navy capacity to increase production of certain
rotary wing aircraft.
Subtitle D--Air Force Programs
Sec. 131. Inventory requirement for Air Force fighter aircraft.
Sec. 132. Prohibition on availability of funds for retirement of E-8
JSTARS aircraft.
Sec. 133. Requirement for continuation of JSTARS aircraft
recapitalization program.
Sec. 134. Limitation on selection of single contractor for C-130H
avionics modernization program increment 2.
Sec. 135. Limitation on availability of funds for EC-130H Compass Call
recapitalization program.
Sec. 136. Limitation on retirement of U-2 and RQ-4 aircraft.
Sec. 137. Cost-benefit analysis of upgrades to MQ-9 Reaper aircraft.
Sec. 138. Plan for modernization of the radar for F-16 fighter aircraft
of the National Guard.
Sec. 139. Comptroller General review of Air Force fielding plan for HH-
60 replacement programs.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. F-35 economic order quantity contracting authority.
Sec. 142. Authority for explosive ordnance disposal units to acquire new
or emerging technologies and capabilities.
Sec. 143. Requirement that certain aircraft and unmanned aerial
vehicles use specified standard data link.
Sec. 144. Reinstatement of requirement to preserve certain C-5 aircraft;
mobility capability and requirements study.
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. Cost controls for presidential aircraft recapitalization
program.
Sec. 212. Capital investment authority.
Sec. 213. Prizes for advanced technology achievements.
Sec. 214. Joint Hypersonics Transition Office.
Sec. 215. Department of Defense directed energy weapon system
prototyping and demonstration program.
Sec. 216. Appropriate use of authority for prototype projects.
Sec. 217. Mechanisms for expedited access to technical talent and
expertise at academic institutions to support Department of
Defense missions.
Sec. 218. Modification of laboratory quality enhancement program.
Sec. 219. Reauthorization of Department of Defense Established Program
to Stimulate Competitive Research.
Sec. 220. Codification and enhancement of authorities to provide funds
for defense laboratories for research and development of
technologies for military missions.
Sec. 221. Expansion of definition of competitive procedures to include
competitive selection for award of science and technology
proposals.
Sec. 222. Inclusion of modeling and simulation in test and evaluation
activities for purposes of planning and budget certification.
Sec. 223. Limitation on availability of funds for F-35 Joint Strike
Fighter Follow-On Modernization.
Sec. 224. Improvement of update process for populating mission data
files used in advanced combat aircraft.
Sec. 225. Support for national security innovation and entrepreneurial
education.
Sec. 226. Limitation on cancellation of designation Executive Agent for
a certain Defense Production Act program.
Subtitle C--Reports and Other Matters
Sec. 231. Columbia-class program accountability matrices.
Sec. 232. Review of barriers to innovation in research and engineering
activities of the Department of Defense.
Sec. 233. Pilot program to improve incentives for technology transfer
from Department of Defense laboratories.
Sec. 234. Competitive acquisition plan for low probability of detection
data link networks.
Sec. 235. Clarification of selection dates for pilot program for the
enhancement of the research, development, test, and evaluation
centers of the Department of Defense.
Sec. 236. Requirement for a plan to build a prototype for a new ground
combat vehicle for the Army.
Sec. 237. Plan for successfully fielding the Integrated Air and Missile
Defense Battle Command System.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Siting
Clearinghouse.
Sec. 312. Energy performance goals and master plan.
Sec. 313. Payment to Environmental Protection Agency of stipulated
penalty in connection with Umatilla Chemical Depot, Oregon.
Sec. 314. Payment to Environmental Protection Agency of stipulated
penalty in connection with Longhorn Army Ammunition Plant,
Texas.
Sec. 315. Department of the Army cleanup and removal of petroleum, oil,
and lubricant associated with the Prinz Eugen.
Sec. 316. Centers for Disease Control study on health implications of
per- and polyfluoroalkyl substances contamination in drinking
water.
Sec. 317. Sentinel Landscapes Partnership.
Sec. 318. Report on release of radium or radioactive material into the
groundwater near the industrial reserve plant in Bethpage, New
York.
Subtitle C--Logistics and Sustainment
Sec. 321. Reauthorization of multi-trades demonstration project.
Sec. 322. Increased percentage of sustainment funds authorized for
realignment to restoration and modernization at each
installation.
Sec. 323. Guidance regarding use of organic industrial base.
Subtitle D--Reports
Sec. 331. Quarterly reports on personnel and unit readiness.
Sec. 332. Biennial report on core depot-level maintenance and repair
capability.
Sec. 333. Annual report on personnel, training, and equipment needs of
non-federalized National Guard.
Sec. 334. Annual report on military working dogs used by the Department
of Defense.
Sec. 335. Report on effects of climate change on Department of Defense.
Sec. 336. Report on optimization of training in and management of
special use airspace.
Sec. 337. Plan for modernized, dedicated Department of the Navy
adversary air training enterprise.
Sec. 338. Updated guidance regarding biennial core report.
Subtitle E--Other Matters
Sec. 341. Explosive safety board.
Sec. 342. Servicewomen's commemorative partnerships.
Sec. 343. Limitation on availability of funds for advanced skills
management software system of the Navy.
Sec. 344. Cost-benefit analysis of uniform specifications for Afghan
military or security forces.
Sec. 345. Temporary installation reutilization authority for arsenals,
depots, and plants.
Sec. 346. Comprehensive plan for sharing depot-level maintenance best
practices.
Sec. 347. Pilot program for operation and maintenance budget
presentation.
Sec. 348. Repurposing and reuse of surplus Army firearms.
Sec. 349. Department of the Navy marksmanship awards.
Sec. 350. Civilian training for National Guard pilots and sensor
operator aircrews of MQ-9 unmanned aerial vehicles.
Sec. 351. Training for National Guard personnel on wildfire response.
Sec. 352. Modification of the Second Division Memorial.
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 2018 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. Number of members of the National Guard on full-time duty in
support of the reserves within the National Guard Bureau.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Modification of deadline for submittal by officers of written
communications to promotion selection boards on matters of
importance to their selection.
Sec. 502. Clarification to exception for removal of officers from list
of officers recommended for promotion after 18 months without
appointment.
Sec. 503. Modification of requirement for specification of number of
officers who may be recommended for early retirement by a
Selective Early Retirement Board.
Sec. 504. Extension of service-in-grade waiver authority for voluntary
retirement of certain general and flag officers for purposes
of enhanced flexibility in officer personnel management.
Sec. 505. Inclusion of Principal Military Deputy to the Assistant
Secretary of the Army for Acquisition, Technology, and
Logistics among officers subject to repeal of statutory
specification of general officer grade.
Sec. 506. Clarification of effect of repeal of statutory specification
of general or flag officer grade for various positions in the
Armed Forces.
Sec. 507. Standardization of authorities in connection with repeal of
statutory specification of general officer grade for the Dean
of the Academic Board of the United States Military Academy
and the Dean of the Faculty of the United States Air Force
Academy.
Sec. 508. Flexibility in promotion of officers to positions of Staff
Judge Advocate to the Commandant of the Marine Corps and
Deputy Judge Advocate General of the Navy or Air Force.
Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates
General of the Navy as of repeal of statutory specification of
general and flag officers grades in the Armed Forces.
Subtitle B--Reserve Component Management
Sec. 511. Equal treatment of orders to serve on active duty under
sections 12304a and 12304b of title 10, United States Code.
Sec. 512. Service credit for cyberspace experience or advanced education
upon original appointment as a commissioned officer.
Sec. 513. Consolidation of authorities to order members of the reserve
components of the Armed Forces to perform duty.
Sec. 514. Pilot program on use of retired senior enlisted members of the
Army National Guard as Army National Guard recruiters.
Subtitle C--General Service Authorities
Part I--Matters Relating to Discharge and Correction of Military Records
Sec. 520. Consideration of additional medical evidence by Boards for the
Correction of Military Records and liberal consideration of
evidence relating to post-traumatic stress disorder or
traumatic brain injury.
Sec. 521. Public availability of information related to disposition of
claims regarding discharge or release of members of the Armed
Forces when the claims involve sexual assault.
Sec. 522. Confidential review of characterization of terms of discharge
of members who are victims of sex-related offenses.
Sec. 523. Training requirements for members of boards for the correction
of military records and personnel who investigate claims of
retaliation.
Sec. 524. Pilot program on use of video teleconferencing technology by
boards for the correction of military records and discharge
review boards.
Part II--Other General Service Authorities
Sec. 526. Modification of basis for extension of period for enlistment
in the Armed Forces under the Delayed Entry Program.
Sec. 527. Reauthorization of authority to order retired members to
active duty in high-demand, low-density assignments.
Sec. 528. Notification of members of the Armed Forces undergoing certain
administrative separations of potential eligibility for
veterans benefits.
Sec. 529. Extension of authority of the Secretary of Veterans Affairs to
provide for the conduct of medical disability examinations by
contract physicians.
Sec. 530. Provision of information on naturalization through military
service.
Subtitle D--Military Justice and Other Legal Issues
Sec. 531. Clarifying amendments related to the Uniform Code of Military
Justice reform by the Military Justice Act of 2016.
Sec. 532. Enhancement of effective prosecution and defense in courts-
martial and related matters.
Sec. 533. Punitive article under the Uniform Code of Military Justice on
wrongful broadcast or distribution of intimate visual images
or visual images of sexually explicit conduct.
Sec. 534. Garnishment to satisfy judgment rendered for physically,
sexually, or emotionally abusing a child.
Sec. 535. Sexual assault prevention and response training for all
individuals enlisted in the Armed Forces under a delayed entry
program.
Sec. 536. Special Victims' Counsel training regarding the unique
challenges often faced by male victims of sexual assault.
Sec. 537. Inclusion of information in annual SAPRO reports regarding
military sexual harassment and incidents involving
nonconsensual distribution of private sexual images.
Sec. 538. Inclusion of information in annual SAPRO reports regarding
sexual assaults committed by a member of the Armed Forces
against the member's spouse or other family member.
Subtitle E--Member Education, Training, Resilience, and Transition
Sec. 541. Element in preseparation counseling for members of the Armed
Forces on assistance and support services for caregivers of
certain veterans through the Department of Veterans Affairs.
Sec. 542. Improved employment assistance for members of the Army, Navy,
Air Force, and Marine Corps and veterans.
Sec. 543. Limitation on release of military service academy graduates to
participate in professional athletics.
Sec. 544. Two-year extension of suicide prevention and resilience
program for the National Guard and Reserves.
Sec. 545. Annual certifications related to Ready, Relevant Learning
initiative of the Navy.
Sec. 546. Authority to expand eligibility for the United States Military
Apprenticeship Program.
Sec. 547. Limitation on availability of funds for attendance of Air
Force enlisted personnel at Air Force officer professional
military education in-residence courses.
Sec. 548. Lieutenant Henry Ossian Flipper Leadership Scholarships.
Sec. 549. Pilot programs on appointment in the excepted service in the
Department of Defense of physically disqualified former cadets
and midshipmen.
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
Part I--Defense Dependents' Education Matters
Sec. 551. Assistance to schools with military dependent students.
Sec. 552. Transitions of military dependent students from Department of
Defense dependent schools to other schools and among schools
of local educational agencies.
Sec. 553. Report on educational opportunities in science, technology,
engineering, and mathematics for children who are dependents
of members of the Armed Forces.
Part II--Military Family Readiness Matters
Sec. 555. Codification of authority to conduct family support programs
for immediate family members of members of the Armed Forces
assigned to special operations forces.
Sec. 556. Reimbursement for State licensure and certification costs of a
spouse of a member of the Armed Forces arising from relocation
to another State.
Sec. 557. Temporary extension of extended period of protections for
members of uniformed services relating to mortgages, mortgage
foreclosure, and eviction.
Sec. 558. Enhancing military childcare programs and activities of the
Department of Defense.
Sec. 559. Direct hire authority for Department of Defense for childcare
services providers for Department child development centers.
Sec. 560. Pilot program on public-private partnerships for telework
facilities for military spouses on military installations
outside the United States.
Subtitle G--Decorations and Awards
Sec. 561. Authorization for award of the Medal of Honor to Garlin M.
Conner for acts of valor during World War II.
Sec. 562. Authorization for award of Distinguished-Service Cross to
Specialist Frank M. Crary for acts of valor in Vietnam.
Subtitle H--Miscellaneous Reporting Requirements
Sec. 571. Analysis and report on accompanied and unaccompanied tours of
duty in remote locations with high family support costs.
Sec. 572. Review and reports on policies for regular and reserve officer
career management.
Sec. 573. Review and report on effects of personnel requirements and
limitations on the availability of members of the National
Guard for the performance of funeral honors duty for veterans.
Sec. 574. Review and report on authorities for the employment, use, and
status of National Guard and Reserve technicians.
Sec. 575. Assessment and report on expanding and contracting for
childcare services of the Department of Defense.
Sec. 576. Review and report on compensation provided childcare services
providers of the Department of Defense.
Sec. 577. Comptroller General of the United States assessment and report
on the Office of Complex Investigations within the National
Guard Bureau.
Sec. 578. Modification of submittal date of Comptroller General of the
United States report on integrity of the Department of Defense
whistleblower program.
Subtitle I--Other Matters
Sec. 581. Expansion of United States Air Force Institute of Technology
enrollment authority to include civilian employees of the
homeland security industry.
Sec. 582. Conditional designation of Explosive Ordnance Disposal Corps
as a basic branch of the Army.
Sec. 583. Designation of office within Office of the Secretary of
Defense to oversee use of food assistance programs by members
of the Armed Forces on active duty.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Annual adjustment of basic monthly pay.
Sec. 602. Prohibiting collection of additional amounts from members
living in units under Military Housing Privatization
Initiative.
Sec. 603. Limitation on modification of payment authority for Military
Housing Privatization Initiative housing.
Sec. 604. Housing treatment for certain members of the Armed Forces, and
their spouses and other dependents, undergoing a permanent
change of station within the United States.
Sec. 605. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 606. Reevaluation of BAH for the military housing area including
Staten Island.
Subtitle B--Bonus and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Report regarding the national pilot shortage.
Sec. 617. Special aviation incentive pay and bonus authorities for
enlisted members who operate remotely piloted aircraft.
Sec. 618. Technical and conforming amendments relating to 2008
consolidation of special pay authorities.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
Sec. 621. Permanent extension and cost-of-living adjustments of special
survivor indemnity allowances under the Survivor Benefit Plan.
Sec. 622. Adjustments to Survivor Benefit Plan for members electing lump
sum payments of retired pay under the modernized retirement
system for members of the uniformed services.
Sec. 623. Technical correction regarding election to participate in
modernized retirement system for reserve component members
experiencing a break in service.
Sec. 624. Technical corrections to use of member's current pay grade and
years of service in a division of property involving
disposable retired pay.
Sec. 625. Continuation pay for the Coast Guard.
Subtitle D--Other Matters
Sec. 631. Land conveyance authority, Army and Air Force Exchange Service
property, Dallas, Texas.
Sec. 632. Authority for the Secretaries of the military departments to
provide for care of remains of those who die on active duty
and are interred in a foreign cemetery.
Sec. 633. Construction of domestic source requirement for footwear
furnished to enlisted members of the Armed Forces on initial
entry into the Armed Forces.
Sec. 634. Review and update of regulations governing debt collectors
interactions with unit commanders of members of the Armed
Forces.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Continued access to medical care at facilities of the
uniformed services for certain members of the reserve
components.
Sec. 702. Modifications of cost-sharing requirements for the TRICARE
Pharmacy Benefits Program and treatment of certain
pharmaceutical agents.
Sec. 703. Provision of hyperbaric oxygen therapy for certain members of
the Armed Forces.
Sec. 704. Specification that individuals under the age of 21 are
eligible for hospice care services under the TRICARE program.
Sec. 705. Physical examinations for members of a reserve component who
are separating from the Armed Forces.
Sec. 706. Mental health assessments before members separate from the
Armed Forces.
Sec. 707. Expansion of sexual trauma counseling and treatment for
members of the reserve components.
Sec. 708. Expedited evaluation and treatment for prenatal surgery under
the TRICARE program.
Subtitle B--Health Care Administration
Sec. 711. Maintenance of inpatient capabilities of military medical
treatment facilities located outside the United States.
Sec. 712. Modification of priority for evaluation and treatment of
individuals at military treatment facilities.
Sec. 713. Clarification of administration of military medical treatment
facilities.
Sec. 714. Regular update of prescription drug pricing standard under
TRICARE retail pharmacy program.
Sec. 715. Modification of execution of TRICARE contracting
responsibilities.
Sec. 716. Additional emergency uses for medical products to reduce
deaths and severity of injuries caused by agents of war.
Sec. 717. Modification of determination of average wait times at urgent
care clinics and pharmacies at military medical treatment
facilities under pilot program.
Sec. 718. Requirement for reimbursement by Department of Defense to
entities carrying out State vaccination programs for costs of
vaccines provided to covered beneficiaries.
Sec. 719. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 720. Residency requirements for podiatrists.
Sec. 721. Authorization of physical therapist assistants and
occupational therapy assistants to provide services under the
TRICARE program.
Sec. 722. Selection of military commanders and directors of military
medical treatment facilities.
Subtitle C--Reports and Other Matters
Sec. 731. Pilot program on health care assistance system.
Sec. 732. Feasibility study on conduct of pilot program on mental health
readiness of part-time members of the reserve components of
the Armed Forces.
Sec. 733. Report on plan to improve pediatric care and related services
for children of members of the Armed Forces.
Sec. 734. Longitudinal medical study on blast pressure exposure of
members of the Armed Forces.
Sec. 735. Study on safe opioid prescribing practices.
Sec. 736. Report on implementation of GAO recommendations.
Sec. 737. Declassification by Department of Defense of certain incidents
of exposure of members of the Armed Forces to toxic
substances.
Sec. 738. Coordination by Veterans Health Administration of efforts to
understand effects of burn pits.
Sec. 739. TRICARE technical amendments.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Statements of purpose for Department of Defense acquisition.
Sec. 802. Management of intellectual property matters within the
Department of Defense.
Sec. 803. Performance of incurred cost audits.
Sec. 804. Repeal of certain auditing requirements.
Sec. 805. Increased simplified acquisition threshold.
Sec. 806. Requirements related to the micro-purchase threshold.
Sec. 807. Process for enhanced supply chain scrutiny.
Sec. 808. Defense policy advisory committee on technology.
Sec. 809. Report on extension of development, acquisition, and
sustainment authorities of the military departments to the
United States Special Operations Command.
Sec. 810. Technical and conforming amendments related to program
management provisions.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Modifications to cost or pricing data and reporting
requirements.
Sec. 812. Applicability of cost and pricing data certification
requirements.
Sec. 813. Sunset of certain provisions relating to the procurement of
goods other than United States goods.
Sec. 814. Comptroller General report on health and safety records.
Sec. 815. Limitation on unilateral definitization.
Sec. 816. Amendment to sustainment reviews.
Sec. 817. Use of program income by eligible entities that carry out
procurement technical assistance programs.
Sec. 818. Enhanced post-award debriefing rights.
Sec. 819. Amendments relating to information technology.
Sec. 820. Change to definition of subcontract in certain circumstances.
Sec. 821. Amendment relating to applicability of inflation adjustments.
Sec. 822. Use of lowest price technically acceptable source selection
process.
Sec. 823. Exemption from design-build selection procedures.
Sec. 824. Contract closeout authority.
Sec. 825. Elimination of cost underruns as factor in calculation of
penalties for cost overruns.
Sec. 826. Modification to annual meeting requirement of Configuration
Steering Boards.
Sec. 827. Pilot program on payment of costs for denied Government
Accountability Office bid protests.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Revisions to definition of major defense acquisition program.
Sec. 832. Prohibition on use of lowest price technically acceptable
source selection process for major defense acquisition
programs.
Sec. 833. Role of the Chief of the armed force in material development
decision and acquisition system milestones.
Sec. 834. Requirement to emphasize reliability and maintainability in
weapon system design.
Sec. 835. Licensing of appropriate intellectual property to support
major weapon systems.
Sec. 836. Codification of requirements pertaining to assessment,
management, and control of operating and support costs for
major weapon systems.
Sec. 837. Should-cost management.
Sec. 838. Improvements to test and evaluation processes and tools.
Sec. 839. Enhancements to transparency in test and evaluation processes
and data.
Subtitle D--Provisions Relating to Acquisition Workforce
Sec. 841. Enhancements to the civilian program management workforce.
Sec. 842. Credits to Department of Defense Acquisition Workforce
Development Fund.
Sec. 843. Improvements to the hiring and training of the acquisition
workforce.
Sec. 844. Extension and modifications to acquisition demonstration
project.
Subtitle E--Provisions Relating to Commercial Items
Sec. 846. Procurement through commercial e-commerce portals.
Sec. 847. Revision to definition of commercial item.
Sec. 848. Commercial item determinations.
Sec. 849. Review of regulations on commercial items.
Sec. 850. Training in commercial items procurement.
Subtitle F--Provisions Relating to Services Contracting
Sec. 851. Improvement of planning for acquisition of services.
Sec. 852. Standard guidelines for evaluation of requirements for
services contracts.
Sec. 853. Report on outcome-based services contracts.
Sec. 854. Pilot program for longer term multiyear service contracts.
Subtitle G--Provisions Relating to Other Transaction Authority and
Prototyping
Sec. 861. Contract authority for advanced development of initial or
additional prototype units.
Sec. 862. Methods for entering into research agreements.
Sec. 863. Education and training for transactions other than contracts
and grants.
Sec. 864. Other transaction authority for certain prototype projects.
Sec. 865. Amendment to nontraditional and small contractor innovation
prototyping program.
Sec. 866. Middle tier of acquisition for rapid prototype and rapid
fielding.
Sec. 867. Preference for use of other transactions and experimental
authority.
Sec. 868. Prototype projects to digitize defense acquisition
regulations, policies, and guidance, and empower user
tailoring of acquisition process.
Subtitle H--Provisions Relating to Software Acquisition
Sec. 871. Noncommercial computer software acquisition considerations.
Sec. 872. Defense Innovation Board analysis of software acquisition
regulations.
Sec. 873. Pilot program to use agile or iterative development methods to
tailor major software-intensive warfighting systems and
defense business systems.
Sec. 874. Software development pilot program using agile best practices.
Sec. 875. Pilot program for open source software.
Subtitle I--Other Matters
Sec. 881. Extension of maximum duration of fuel storage contracts.
Sec. 882. Procurement of aviation critical safety items.
Sec. 883. Modifications to the advisory panel on streamlining and
codifying acquisition regulations.
Sec. 884. Repeal of expired pilot program for leasing commercial utility
cargo vehicles.
Sec. 885. Exception for business operations from requirement to accept
$1 coins.
Sec. 886. Development of Procurement Administrative Lead Time.
Sec. 887. Notional milestones and standard timelines for contracts for
foreign military sales.
Sec. 888. Assessment and authority to terminate or prohibit contracts
for procurement from Chinese companies providing support to
the Democratic People's Republic of Korea.
Sec. 889. Report on defense contracting fraud.
Sec. 890. Comptroller General report on contractor business system
requirements.
Sec. 891. Training on agile or iterative development methods.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Treatment of incumbent Under Secretary of Defense for
Acquisition, Technology, and Logistics.
Sec. 902. Clarification of authority of Under Secretary of Defense for
Acquisition and Sustainment with respect to service
acquisition programs for which the service acquisition
executive is the milestone decision authority.
Sec. 903. Executive Schedule matters relating to Under Secretary of
Defense for Acquisition and Sustainment.
Sec. 904. Consistent period of relief from active duty as a commissioned
officer of a regular component of the Armed Forces for
appointment to Under Secretary of Defense positions.
Sec. 905. Qualifications for appointment and additional duties and
powers of certain officials within the Office of the Under
Secretary of Defense (Comptroller).
Sec. 906. Redesignation of Principal Deputy Under Secretaries of Defense
as Deputy Under Secretaries of Defense and related matters.
Sec. 907. Reduction of number and elimination of specific designations
of Assistant Secretaries of Defense.
Sec. 908. Limitation on maximum number of Deputy Assistant Secretaries
of Defense.
Sec. 909. Appointment and responsibilities of Chief Information Officer
of the Department of Defense.
Sec. 910. Chief Management Officer of the Department of Defense.
Subtitle B--Data Management and Analytics
Sec. 911. Policy on treatment of defense business system data related to
business operations and management.
Sec. 912. Transparency of defense management data.
Sec. 913. Establishment of set of activities that use data analysis,
measurement, and other evaluation-related methods to improve
acquisition program outcomes.
Subtitle C--Organization of Other Department of Defense Offices and
Elements
Sec. 921. Qualifications for appointment of Assistant Secretaries of the
military departments for financial management.
Sec. 922. Manner of carrying out reductions in major Department of
Defense headquarters activities pursuant to headquarters
reduction plan.
Sec. 923. Certifications on cost savings achieved by reductions in major
Department of Defense headquarters activities.
Sec. 924. Corrosion control and prevention executives matters.
Sec. 925. Background and security investigations for Department of
Defense personnel.
Subtitle D--Miscellaneous Reporting Requirements
Sec. 931. Additional elements in reports on policy, organization, and
management goals of the Secretary of Defense for the
Department of Defense.
Sec. 932. Report and sense of Congress on responsibility for
developmental test and evaluation within the Office of the
Secretary of Defense.
Sec. 933. Report on Office of Corrosion Policy and Oversight.
Subtitle D--Other Matters
Sec. 941. Commission on the National Defense Strategy for the United
States.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Consolidation, codification, and improvement of certain
authorities and requirements in connection with the audit of
the financial statements of the Department of Defense.
Sec. 1003. Improper payment matters.
Sec. 1004. Rankings of auditability of financial statements of the
organizations and elements of the Department of Defense.
Sec. 1005. Financial operations dashboard for the Department of Defense.
Sec. 1006. Review and recommendations on efforts to obtain audit opinion
on full financial statements.
Sec. 1007. Notification requirement for certain contracts for audit
services.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1012. Venue for prosecution of maritime drug trafficking.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. National Defense Sealift Fund.
Sec. 1022. Use of National Sea-Based Deterrence Fund for multiyear
procurement of certain critical components.
Sec. 1023. Operational readiness of littoral combat ships on extended
deployment.
Sec. 1024. Availability of funds for retirement or inactivation of
Ticonderoga-class cruisers or dock landing ships.
Sec. 1025. Policy of the United States on minimum number of battle force
ships.
Sec. 1026. Surveying ships.
Subtitle D--Counterterrorism
Sec. 1031. Modification of authority on support of special operations to
combat terrorism.
Sec. 1032. Termination of requirement to submit annual budget
justification display for Department of Defense combating
terrorism program.
Sec. 1033. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba to the United States.
Sec. 1034. 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. 1035. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries.
Sec. 1036. Prohibition on use of funds to close or relinquish control of
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1037. Sense of Congress regarding providing for timely victim and
family testimony in military commission trials.
Sec. 1038. Report on public availability of military commissions
proceedings.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Limitation on expenditure of funds for emergency and
extraordinary expenses for intelligence and counter-
intelligence activities.
Sec. 1042. Matters relating to the submittal of future-years defense
programs.
Sec. 1043. Modifications to humanitarian demining assistance
authorities.
Sec. 1044. Prohibition on charge of certain tariffs on aircraft
traveling through channel routes.
Sec. 1045. Prohibition on lobbying activities with respect to the
Department of Defense by certain officers of the Armed Forces
and civilian employees of the Department following separation
from military service or employment with the Department.
Sec. 1046. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
Sec. 1047. Report on western Pacific Ocean ship depot maintenance
capability and capacity.
Sec. 1048. Annual training regarding the influence campaign of the
Russian Federation.
Sec. 1049. Workforce issues for military realignments in the Pacific.
Subtitle F--Studies and Reports
Sec. 1051. Elimination of reporting requirements terminated after
November 25, 2017, pursuant to section 1080 of the National
Defense Authorization Act for Fiscal Year 2016.
Sec. 1052. Report on transfer of defense articles to units committing
gross violations of human rights.
Sec. 1053. Report on the National Biodefense Analysis and
Countermeasures Center.
Sec. 1054. Report on Department of Defense Arctic capability and
resource gaps and required infrastructure.
Sec. 1055. Review and assessment of Department of Defense personnel
recovery and nonconventional assisted recovery mechanisms.
Sec. 1056. Mine warfare readiness inspection plan and report.
Sec. 1057. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1058. Report on Joint Pacific Alaska Range Complex modernization.
Sec. 1059. Report on alternatives to aqueous film forming foam.
Sec. 1060. Assessment of global force posture.
Sec. 1061. Army modernization strategy.
Sec. 1062. Report on Army plan to improve operational unit readiness by
reducing number of non-deployable soldiers assigned to
operational units.
Sec. 1063. Efforts to combat physiological episodes on certain Navy
aircraft.
Sec. 1064. Studies on aircraft inventories for the Air Force.
Sec. 1065. Department of Defense review of Navy capabilities in the
Arctic region.
Sec. 1066. Comprehensive review of maritime intelligence, surveillance,
reconnaissance, and targeting capabilities.
Sec. 1067. Report on the need for a Joint Chemical-Biological Defense
Logistics Center.
Sec. 1068. Missile Technology Control Regime Category I unmanned aerial
vehicle systems.
Sec. 1069. Recommendations for interagency vetting of foreign
investments affecting national security.
Sec. 1070. Briefing on prior attempted Russian cyber attacks against
defense systems.
Sec. 1071. Enhanced analytical and monitoring capability of the defense
industrial base.
Sec. 1072. Report on defense of combat logistics and strategic mobility
forces.
Sec. 1073. Report on acquisition strategy to recapitalize the existing
system for undersea fixed surveillance.
Sec. 1074. Report on implementation of requirements in connection with
the organization of the Department of Defense for management
of special operations forces and special operations.
Sec. 1075. Report on the global food system and vulnerabilities relevant
to Department of Defense missions.
Subtitle G--Modernizing Government Technology
Sec. 1076. Definitions.
Sec. 1077. Establishment of agency information technology systems
modernization and working capital funds.
Sec. 1078. Establishment of technology modernization fund and board.
Subtitle H--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Clarification of applicability of certain provisions of law
to civilian judges of the United States Court of Military
Commission Review.
Sec. 1083. Modification of requirement relating to conversion of certain
military technician (dual status) positions to civilian
positions.
Sec. 1084. National Guard accessibility to Department of Defense issued
unmanned aircraft.
Sec. 1085. Sense of Congress regarding aircraft carriers.
Sec. 1086. Sense of Congress recognizing the United States Navy Seabees.
Sec. 1087. Construction of memorial to the crew of the Apollo I launch
test accident at Arlington National Cemetery.
Sec. 1088. Department of Defense engagement with covered non-Federal
entities.
Sec. 1089. Prize competition to identify root cause of physiological
episodes on Navy, Marine Corps, and Air Force training and
operational aircraft.
Sec. 1090. Providing assistance to House of Representatives in response
to cybersecurity events.
Sec. 1091. Transfer of surplus firearms to Corporation for the Promotion
of Rifle Practice and Firearms Safety.
Sec. 1092. Collaboration between Federal Aviation Administration and
Department of Defense on unmanned aircraft systems.
Sec. 1093. Carriage of certain programming.
Sec. 1094. National strategy for countering violent extremism.
Sec. 1095. Sense of Congress regarding World War I.
Sec. 1096. Notice to Congress of terms of Department of Defense
settlement agreements.
Sec. 1097. Office of Special Counsel reauthorization.
Sec. 1098. Air transportation of civilian Department of Defense
personnel to and from Afghanistan.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Direct hire authority for the Department of Defense for
personnel to assist in business transformation and management
innovation.
Sec. 1102. Extension of direct hire authority for Domestic Defense
Industrial Base Facilities and Major Range and Test Facilities
Base.
Sec. 1103. Extension of authority to provide voluntary separation
incentive pay for civilian employees of the Department of
Defense.
Sec. 1104. Additional Department of Defense science and technology
reinvention laboratories.
Sec. 1105. One year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1106. Direct hire authority for financial management experts in the
Department of Defense workforce.
Sec. 1107. Extension of authority for temporary personnel flexibilities
for Domestic Defense Industrial Base Facilities and Major
Range and Test Facilities Base civilian personnel.
Sec. 1108. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1109. Extension of overtime rate authority for Department of the
Navy employees performing work aboard or dockside in support
of the nuclear-powered aircraft carrier forward deployed in
Japan.
Sec. 1110. Pilot program on enhanced personnel management system for
cybsersecurity and legal professionals in the Department of
Defense.
Sec. 1111. Establishment of senior scientific technical managers at
Major Range and Test Facility Base Facilities and Defense Test
Resource Management Center.
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. Support of special operations for irregular warfare.
Sec. 1203. Obligation of funds in Special Defense Acquisition Fund for
precision guided munitions.
Sec. 1204. Modification of defense institution capacity building and
authority to build capacity of foreign security forces.
Sec. 1205. Extension and modification of authority on training for
Eastern European national security forces in the course of
multilateral exercises.
Sec. 1206. Global Security Contingency Fund.
Sec. 1207. Defense Institute of International Legal Studies.
Sec. 1208. Extension of participation in and support of the Inter-
American Defense College.
Sec. 1209. Plan on improvement of ability of national security forces of
foreign countries participating in United States capacity
building programs to protect civilians.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Afghanistan.
Sec. 1212. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1213. Special immigrant visas for Afghan allies.
Sec. 1214. Extension of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan.
Sec. 1215. Extension of semiannual report on enhancing security and
stability in Afghanistan.
Sec. 1216. Human rights vetting of Afghan National Defense and Security
Forces.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Report on United States strategy in Syria.
Sec. 1222. Extension and modification of authority to provide assistance
to counter the Islamic State of Iraq and Syria.
Sec. 1223. Modification of authority to provide assistance to the vetted
Syrian opposition.
Sec. 1224. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1225. Modification and additional elements in annual report on the
military power of Iran.
Sec. 1226. Extension of quarterly reports on confirmed ballistic missile
launches from Iran and imposition of sanctions in connection
with those launches.
Sec. 1227. Limitation on use of funds for provision of man-portable air
defense systems to the vetted Syrian opposition.
Sec. 1228. Report on agreement with the Government of the Russian
Federation on the status of Syria.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1233. Sense of Congress on European security.
Sec. 1234. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1235. Limitation on availability of funds relating to
implementation of the Open Skies Treaty.
Sec. 1236. Sense of Congress on importance of nuclear capabilities of
NATO.
Sec. 1237. Report on Security Cooperation with respect to Western Balkan
Countries.
Sec. 1238. Plan to respond in case of Russian noncompliance with the New
START Treaty.
Sec. 1239. Strategy to counter threats by the Russian Federation.
Sec. 1239A. Strategy to counter the threat of malign influence by the
Russian Federation.
Subtitle E--Intermediate-Range Nuclear Forces (INF) Treaty Preservation
Act of 2017
Sec. 1241. Short title.
Sec. 1242. Findings.
Sec. 1243. Compliance enforcement regarding Russian violations of the
INF Treaty.
Sec. 1244. Notification requirement related to Russian Federation
development of noncompliant systems and United States actions
regarding material breach of INF Treaty by the Russian
Federation.
Sec. 1245. Review of RS-26 ballistic missile.
Sec. 1246. Definitions.
Subtitle F--Matters Relating to the Indo-Asia-Pacific Region
Sec. 1251. Sense of Congress and Initiative for the Indo-Asia-Pacific
region.
Sec. 1252. Report on strategy to prioritize United States defense
interests in the Indo-Asia-Pacific region.
Sec. 1253. Assessment of United States force posture and basing needs in
the Indo-Asia-Pacific region.
Sec. 1254. Plan to enhance the extended deterrence and assurance
capabilities of the United States in the Asia-Pacific region.
Sec. 1255. Sense of Congress reaffirming security commitments to the
Governments of Japan and South Korea and trilateral
cooperation between the United States, Japan, and South Korea.
Sec. 1256. Strategy on North Korea.
Sec. 1257. North Korean nuclear intercontinental ballistic missiles.
Sec. 1258. Advancements in defense cooperation between the United States
and India.
Sec. 1259. Strengthening the defense partnership between the United
States and Taiwan.
Sec. 1259A. Normalizing the transfer of defense articles and defense
services to Taiwan.
Sec. 1259B. Assessment on United States defense implications of China's
expanding global access.
Sec. 1259C. Agreement supplemental to Compact of Free Association with
Palau.
Sec. 1259D. Study on United States interests in the Freely Associated
States.
Subtitle G--Reports
Sec. 1261. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1262. Modifications to annual update of Department of Defense
Freedom of Navigation Operations report.
Sec. 1263. Report on strategy to defeat Al-Qaeda, the Taliban, the
Islamic State of Iraq and Syria (ISIS), and their associated
forces and co-belligerents.
Sec. 1264. Report on and notice of changes made to the legal and policy
frameworks for the United States' use of military force and
related national security operations.
Sec. 1265. Report on military action of Saudi Arabia and its coalition
partners in Yemen.
Sec. 1266. Submittal of Department of Defense Supplemental and Cost of
War Execution reports on quarterly basis.
Sec. 1267. Consolidation of reports on United States Armed Forces,
civilian employees, and contractors deployed in support of
Operation Inherent Resolve, Operation Freedom's Sentinel, and
associated and successor operations.
Sec. 1268. Comptroller General of the United States report on pricing
and availability with respect to foreign military sales.
Sec. 1269. Annual report on military and security developments involving
the Russian Federation.
Subtitle H--Other Matters
Sec. 1271. Security and stability strategy for Somalia.
Sec. 1272. Global Theater Security Cooperation Management Information
System.
Sec. 1273. Future years plan for the European Deterrence Initiative.
Sec. 1274. Extension of authority to enter into agreements with
participating countries in the American, British, Canadian,
and Australian Armies' Program.
Sec. 1275. United States military and diplomatic strategy for Yemen.
Sec. 1276. Transfer of excess high mobility multipurpose wheeled
vehicles to foreign countries.
Sec. 1277. Department of Defense program to protect United States
students against foreign agents.
Sec. 1278. Limitation and extension of United States-Israel anti-tunnel
cooperation authority.
Sec. 1279. Anticorruption strategy.
Sec. 1279A. Strategy to improve defense institutions and security sector
forces in Nigeria.
Sec. 1279B. Limitation on availability of funds to implement the Arms
Trade Treaty.
Sec. 1279C. Cultural Heritage Protection Coordinator.
Sec. 1279D. Security assistance for Baltic nations for joint program for
interoperability and deterrence against aggression.
Sec. 1279E. Restriction on funding for the Preparatory Commission for
the Comprehensive Nuclear-Test-Ban Treaty Organization.
Sec. 1279F. Clarification of authority to support border security
operations of certain foreign countries.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.
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.
Sec. 1406. National Defense Sealift Fund.
Subtitle B--Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1413. Armed Forces Retirement Home matters.
Sec. 1414. Authority to dispose of certain materials from and to acquire
additional materials for the National Defense Stockpile.
Sec. 1415. Acquisition reporting on major chemical demilitarization
programs of the Department of Defense.
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. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. 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-Threat Defeat Fund.
Sec. 1523. Comptroller General report on feasibility of separation of
expenditures.
Sec. 1524. Guidelines for budget items to be covered by overseas
contingency operations accounts.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Space acquisition and management and oversight.
Sec. 1602. Codification, extension, and modification of limitation on
construction on United States territory of satellite
positioning ground monitoring stations of foreign governments.
Sec. 1603. Foreign commercial satellite services: cybersecurity threats
and launches.
Sec. 1604. Extension of pilot program on commercial weather data.
Sec. 1605. Evolved Expendable Launch Vehicle modernization and
sustainment of assured access to space.
Sec. 1606. Demonstration of backup and complementary positioning,
navigation, and timing capabilities of Global Positioning
System.
Sec. 1607. Enhancement of positioning, navigation, and timing capacity.
Sec. 1608. Commercial satellite communications pathfinder program.
Sec. 1609. Launch support and infrastructure modernization.
Sec. 1610. Limitation on availability of funding for Joint Space
Operations Center mission system.
Sec. 1611. Limitation on use of funds for Delta IV launch vehicle.
Sec. 1612. Air Force space contractor responsibility watch list.
Sec. 1613. Certification and briefing on operational and contingency
plans for loss or degradation of space capabilities.
Sec. 1614. Report on protected satellite communications.
Sec. 1615. Sense of Congress on establishment of Space Flag training
event.
Sec. 1616. Sense of Congress on coordinating efforts to prepare for
space weather events.
Sec. 1617. Sense of Congress on National Space Defense Center.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Security clearances for facilities of certain companies.
Sec. 1622. Extension of authority to engage in certain commercial
activities.
Sec. 1623. Submission of audits of commercial activity funds.
Sec. 1624. Clarification of annual briefing on the intelligence,
surveillance, and reconnaissance requirements of the combatant
commands.
Sec. 1625. Consideration of service by recipients of Boren scholarships
and fellowships in excepted service positions as service by
such recipients under career appointments for purposes of
career tenure.
Sec. 1626. Review of support provided by Defense intelligence elements
to acquisition activities of the Department.
Sec. 1627. Establishment of Chairman's controlled activity within Joint
Staff for intelligence, surveillance, and reconnaissance.
Sec. 1628. Requirements relating to multi-use sensitive compartmented
information facilities.
Sec. 1629. Limitation on availability of funds for certain
counterintelligence activities.
Subtitle C--Cyberspace-Related Matters
Part I--General Cyber Matters
Sec. 1631. Notification requirements for sensitive military cyber
operations and cyber weapons.
Sec. 1632. Modification to quarterly cyber operations briefings.
Sec. 1633. Policy of the United States on cyberspace, cybersecurity, and
cyber warfare.
Sec. 1634. Prohibition on use of products and services developed or
provided by Kaspersky Lab.
Sec. 1635. Modification of authorities relating to establishment of
unified combatant command for cyber operations.
Sec. 1636. Modification of definition of acquisition workforce to
include personnel contributing to cybersecurity systems.
Sec. 1637. Integration of strategic information operations and cyber-
enabled information operations.
Sec. 1638. Exercise on assessing cybersecurity support to election
systems of States.
Sec. 1639. Measurement of compliance with cybersecurity requirements for
industrial control systems.
Sec. 1640. Strategic Cybersecurity Program.
Sec. 1641. Plan to increase cyber and information operations,
deterrence, and defense.
Sec. 1642. Evaluation of agile or iterative development of cyber tools
and applications.
Sec. 1643. Assessment of defense critical electric infrastructure.
Sec. 1644. Cyber posture review.
Sec. 1645. Briefing on cyber capability and readiness shortfalls.
Sec. 1646. Briefing on cyber applications of blockchain technology.
Sec. 1647. Briefing on training infrastructure for cyber mission forces.
Sec. 1648. Report on termination of dual-hat arrangement for Commander
of the United States Cyber Command.
Part II--Cybersecurity Education
Sec. 1649. Cyber Scholarship Program.
Sec. 1649A. Community college cyber pilot program and assessment.
Sec. 1649B. Federal Cyber Scholarship-for-Service program updates.
Sec. 1649C. Cybersecurity teaching.
Subtitle D--Nuclear Forces
Sec. 1651. Annual assessment of cyber resiliency of nuclear command and
control system.
Sec. 1652. Collection, storage, and sharing of data relating to nuclear
security enterprise.
Sec. 1653. Notifications regarding dual-capable F-35A aircraft.
Sec. 1654. Oversight of delayed acquisition programs by Council on
Oversight of the National Leadership Command, Control, and
Communications System.
Sec. 1655. Establishment of Nuclear Command and Control Intelligence
Fusion Center.
Sec. 1656. Security of nuclear command, control, and communications
system from commercial dependencies.
Sec. 1657. Oversight of aerial-layer programs by Council on Oversight of
the National Leadership Command, Control, and Communications
System.
Sec. 1658. Security classification guide for programs relating to
nuclear command, control, and communications and nuclear
deterrence.
Sec. 1659. Evaluation and enhanced security of supply chain for nuclear
command, control, and communications and continuity of
government programs.
Sec. 1660. Procurement authority for certain parts of intercontinental
ballistic missile fuzes.
Sec. 1661. Presidential National Voice Conferencing System and Phoenix
Air-to-Ground Communications Network.
Sec. 1662. Limitation on pursuit of certain command and control concept.
Sec. 1663. Prohibition on availability of funds for mobile variant of
ground-based strategic deterrent missile.
Sec. 1664. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1665. Modification to annual report on plan for the nuclear weapons
stockpile, nuclear weapons complex, nuclear weapons delivery
systems, and nuclear weapons command and control system.
Sec. 1666. Establishment of procedures for implementation of Nuclear
Enterprise Review.
Sec. 1667. Report on impacts of nuclear proliferation.
Sec. 1668. Certification that the Nuclear Posture Review addresses
deterrent effect and operation of United States nuclear forces
in current and future security environments.
Sec. 1669. Plan to manage Integrated Tactical Warning and Attack
Assessment System and multi-domain sensors.
Sec. 1670. Certification requirement with respect to strategic radiation
hardened trusted microelectronics.
Sec. 1671. Nuclear Posture Review.
Sec. 1672. Sense of Congress on importance of independent nuclear
deterrent of United Kingdom.
Subtitle E--Missile Defense Programs
Sec. 1676. Administration of missile defense and defeat programs.
Sec. 1677. Condition for proceeding beyond low-rate initial production.
Sec. 1678. Preservation of the ballistic missile defense capacity of the
Army.
Sec. 1679. Modernization of Army lower tier air and missile defense
sensor.
Sec. 1680. Defense of Hawaii from North Korean ballistic missile attack.
Sec. 1681. Designation of location of continental United States
interceptor site.
Sec. 1682. Aegis Ashore anti-air warfare capability.
Sec. 1683. Development of persistent space-based sensor architecture.
Sec. 1684. Iron Dome short-range rocket defense system and Israeli
Cooperative Missile Defense Program co-development and co-
production.
Sec. 1685. Boost phase ballistic missile defense.
Sec. 1686. Ground-based interceptor capability, capacity, and
reliability.
Sec. 1687. Limitation on availability of funds for ground-based
midcourse defense element of the ballistic missile defense
system.
Sec. 1688. Plan for development of space-based ballistic missile
intercept layer.
Sec. 1689. Sense of Congress on the state of the missile defense of the
United States.
Sec. 1690. Sense of Congress and report on ground-based midcourse
defense testing.
Subtitle F--Other Matters
Sec. 1691. Commission to Assess the Threat to the United States From
Electromagnetic Pulse Attacks and Similar Events.
Sec. 1692. Protection of certain facilities and assets from unmanned
aircraft.
Sec. 1693. Conventional prompt global strike weapons system.
Sec. 1694. Business case analysis regarding ammonium perchlorate.
Sec. 1695. Report on industrial base for large solid rocket motors and
related technologies.
Sec. 1696. Pilot program on enhancing information sharing for security
of supply chain.
Sec. 1697. Pilot program on electromagnetic spectrum mapping.
Sec. 1698. Use of commercial items in Distributed Common Ground Systems.
TITLE XVII--SMALL BUSINESS PROCUREMENT AND INDUSTRIAL BASE MATTERS
Sec. 1701. Amendments to HUBZone provisions of the Small Business Act.
Sec. 1702. Uniformity in procurement terminology.
Sec. 1703. Improving reporting on small business goals.
Sec. 1704. Responsibilities of Business Opportunity Specialists.
Sec. 1705. Responsibilities of commercial market representatives.
Sec. 1706. Modification of past performance pilot program to include
consideration of past performance with allies of the United
States.
Sec. 1707. Notice of cost-free Federal procurement technical assistance
in connection with registration of small business concerns on
procurement websites of the Department of Defense.
Sec. 1708. Inclusion of SBIR and STTR programs in technical assistance.
Sec. 1709. Requirements relating to competitive procedures and
justification for awards under the SBIR and STTR programs.
Sec. 1710. Pilot program for streamlined technology transition from the
SBIR and STTR programs of the Department of Defense.
Sec. 1711. Pilot program on strengthening manufacturing in the defense
industrial base.
Sec. 1712. Review regarding applicability of foreign ownership, control,
or influence requirements of National Industrial Security
Program to national technology and industrial base companies.
Sec. 1713. Report on sourcing of tungsten and tungsten powders from
domestic producers.
Sec. 1714. Report on utilization of small business concerns for Federal
contracts.
TITLE XVIII--GOVERNMENT PURCHASE AND TRAVEL CARDS
Sec. 1801. Short title.
Sec. 1802. Definitions.
Sec. 1803. Expanded use of data analytics.
Sec. 1804. Guidance on improving information sharing to curb improper
payments.
Sec. 1805. Interagency charge card data management group.
Sec. 1806. Reporting requirements.
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. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2106. Modification of authority to carry out certain fiscal year
2015 project.
Sec. 2107. Extension of authorization of certain fiscal year 2014
project.
Sec. 2108. Extension of authorizations of certain fiscal year 2015
projects.
Sec. 2109. Additional authority to carry out certain fiscal year 2000,
2005, 2006, and 2007 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. Extension of authorizations for certain fiscal year 2014
projects.
Sec. 2206. Extension of authorizations of certain fiscal year 2015
projects.
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
2017 projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy resiliency and conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2017 project.
Sec. 2405. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2406. Extension of authorizations of certain fiscal year 2015
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.
Sec. 2512. Modification of authority to carry out certain fiscal year
2017 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
2015 project.
Sec. 2612. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2613. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense base
closure account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Sec. 2801. Elimination of written notice requirement for military
construction activities and reliance on electronic submission
of notifications and reports.
Sec. 2802. Modification of thresholds applicable to unspecified minor
construction projects.
Sec. 2803. Annual locality adjustment of dollar thresholds applicable to
unspecified minor military construction authorities.
Sec. 2804. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects outside the
United States.
Sec. 2805. Use of operation and maintenance funds for military
construction projects to replace facilities damaged or
destroyed by natural disasters or terrorism incidents.
Sec. 2806. Annual report on unfunded requirements for laboratory
military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Elimination of written notice requirement for military real
property transactions and reliance on electronic submission of
notifications and reports.
Sec. 2812. Certification related to certain acquisitions or leases of
real property.
Sec. 2813. Increased term limit for intergovernmental support agreements
to provide installation support services.
Sec. 2814. Authorizing reimbursement of States for costs of suppressing
wildfires caused by Department of Defense activities on State
lands; restoration of lands of other Federal agencies for
damage caused by Department of Defense vehicle mishaps.
Sec. 2815. Criteria for exchanges of property at military installations.
Sec. 2816. Land exchange valuation of property with reduced development
that limits encroachment on military installations.
Sec. 2817. Requirements for window fall prevention devices in military
family housing.
Sec. 2818. Prohibiting use of updated assessment of public schools on
Department of Defense installations to supersede funding of
certain projects.
Sec. 2819. Access to military installations by transportation network
companies.
Subtitle C--Project Management and Oversight Reforms
Sec. 2821. Notification requirement for certain cost increases.
Sec. 2822. Annual report on schedule delays.
Sec. 2823. Report on design errors and omissions related to Fort Bliss
hospital replacement project.
Sec. 2824. Report on cost increase and delay related to USSTRATCOM
command and control facility project at Offutt Air Force Base.
Subtitle D--Energy Resilience
Sec. 2831. Energy resilience.
Sec. 2832. Authority to use energy cost savings for energy resilience,
mission assurance, and weather damage repair and prevention
measures.
Sec. 2833. Consideration of energy security and energy resilience in
awarding energy and fuel contracts for military installations.
Sec. 2834. Requirement to address energy resilience in exercising
utility system conveyance authority.
Sec. 2835. In-kind lease payments; prioritization of utility services
that promote energy resilience.
Sec. 2836. Annual Department of Defense energy management reports.
Sec. 2837. Aggregation of energy efficiency and energy resilience
projects in life cycle cost analyses.
Subtitle E--Land Conveyances
Sec. 2841. Land exchange, Naval Industrial Reserve Ordnance Plant,
Sunnyvale, California.
Sec. 2842. Land conveyance, Mountain Home Air Force Base, Idaho.
Sec. 2843. Lease of real property to the United States Naval Academy
Alumni Association and Naval Academy Foundation at United
States Naval Academy, Annapolis, Maryland.
Sec. 2844. Land Conveyance, Natick Soldier Systems Center,
Massachusetts.
Sec. 2845. Land exchange, Naval Air Station Corpus Christi, Texas.
Sec. 2846. Imposition of additional conditions on future use of Castner
Range, Fort Bliss, Texas.
Sec. 2847. Land conveyance, former missile alert facility known as
Quebec-01, Laramie County, Wyoming.
Subtitle F--Military Memorials, Monuments, and Museums
Sec. 2861. Recognition of the National Museum of World War II Aviation.
Sec. 2862. Principal office of Aviation Hall of Fame.
Sec. 2863. Establishment of a visitor services facility on the Arlington
Ridge tract.
Sec. 2864. Modification of prohibition on transfer of veterans memorial
objects to foreign governments without specific authorization
in law.
Subtitle G--Other Matters
Sec. 2871. Authority of the Secretary of the Air Force to accept lessee
improvements at Air Force Plant 42.
Sec. 2872. Modification of Department of Defense guidance on use of
airfield pavement markings.
Sec. 2873. Authority of Chief Operating Officer of Armed Forces
Retirement Home to acquire and lease property.
Sec. 2874. Restrictions on rehabilitation of Over-the-Horizon
Backscatter Radar Station.
Sec. 2875. Permitting machine room-less elevators in Department of
Defense facilities.
Sec. 2876. Disclosure of beneficial ownership by foreign persons of high
security space leased by the Department of Defense.
Sec. 2877. Joint use of Dobbins Air Reserve Base, Marietta, Georgia,
with civil aviation.
Sec. 2878. Report on hurricane damage to Department of Defense assets.
Sec. 2879. Special rules for certain projects.
Sec. 2880. Energy security for military installations in Europe.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition project.
Sec. 2903. Authorized Air Force construction and land acquisition
project.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
project.
Sec. 2905. Authorization of appropriations.
Sec. 2906. Extension of authorization of certain fiscal year 2015
projects.
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. Nuclear security enterprise infrastructure modernization
initiative.
Sec. 3112. Incorporation of integrated surety architecture in
transportation.
Sec. 3113. Cost estimates for life extension program and major
alteration projects.
Sec. 3114. Improved information relating to certain defense nuclear
nonproliferation programs.
Sec. 3115. Research and development of advanced naval reactor fuel based
on low-enriched uranium.
Sec. 3116. National Nuclear Security Administration pay and performance
system.
Sec. 3117. Budget requests and certification regarding nuclear weapons
dismantlement.
Sec. 3118. Nuclear warhead design competition.
Sec. 3119. Modification of minor construction threshold for plant
projects.
Sec. 3120. Extension of authorization of Advisory Board on Toxic
Substances and Worker Health.
Sec. 3121. Use of funds for construction and project support activities
relating to MOX facility.
Sec. 3122. Prohibition on availability of funds for programs in Russian
Federation.
Subtitle C--Plans and Reports
Sec. 3131. Annual Selected Acquisition Reports on certain hardware
relating to defense nuclear nonproliferation.
Sec. 3132. Annual reports on unfunded priorities of National Nuclear
Security Administration.
Sec. 3133. Modification of certain reporting requirements.
Sec. 3134. Modification to stockpile stewardship, management, and
responsiveness plan.
Sec. 3135. Assessment and development of prototype nuclear weapons of
foreign countries.
Sec. 3136. Plan for verification, detection, and monitoring of nuclear
weapons and fissile material.
Sec. 3137. Review of United States nuclear and radiological terrorism
prevention strategy.
Sec. 3138. Assessment of management and operating contracts of national
security laboratories.
Sec. 3139. Evaluation of classification of certain defense nuclear
waste.
Sec. 3140. Improved reporting for anti-smuggling radiation detection
systems.
Sec. 3141. Plutonium capabilities.
Sec. 3142. Report on critical decision 1 on Material Staging Facility
project.
Sec. 3143. Plan to further minimize the use of highly enriched uranium
for medical isotopes.
Subtitle D--Other Matters
Sec. 3151. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Merchant Ship Sales Act of 1946.
Sec. 3503. Maritime Security Fleet Program; restriction on operation for
new entrants.
Sec. 3504. Codification of sections relating to acquisition, charter,
and requisition of vessels.
Sec. 3505. Assistance for small shipyards.
Sec. 3506. Report on sexual assault victim recovery in the Coast Guard.
Sec. 3507. Centers of excellence.
Sec. 3508. Foreign spill protection.
Sec. 3509. Removal of adjunct professor limit at United States Merchant
Marine Academy.
Sec. 3510. Acceptance of guarantees in conjunction with partial
donations for major projects of the United States Merchant
Marine Academy.
Sec. 3511. Authority to pay conveyance or transfer expenses in
connection with acceptance of a gift to the United States
Merchant Marine Academy.
Sec. 3512. Authority to participate in Federal, State or other research
grants.
Sec. 3513. Provision of satellite communication devices during Sea Year
program.
Sec. 3514. Actions to address sexual harassment, dating violence,
domestic violence, sexual assault, and stalking at the United
States Merchant Marine Academy.
Sec. 3515. Sexual assault prevention and response staff for the United
States Merchant Marine Academy.
Sec. 3516. Protection of cadets at the United States Merchant Marine
Academy from sexual assault onboard commercial vessels.
Sec. 3517. Training requirement for sexual assault investigators.
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.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on the conference report
or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Authority to expedite procurement of 7.62mm rifles.
Sec. 112. Limitation on availability of funds for Increment 2 of the
Warfighter Information Network-Tactical program.
Sec. 113. Limitation on availability of funds for upgrade of M113
vehicles.
Subtitle C--Navy Programs
Sec. 121. Aircraft carriers.
Sec. 122. Icebreaker vessel.
Sec. 123. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 124. Multiyear procurement authority for Virginia class submarine
program.
Sec. 125. Design and construction of the lead ship of the amphibious
ship replacement designated LX(R) or amphibious transport dock
designated LPD-30.
Sec. 126. Multiyear procurement authority for V-22 Osprey aircraft.
Sec. 127. Extension of limitation on use of sole-source shipbuilding
contracts for certain vessels.
Sec. 128. Limitation on availability of funds for the enhanced multi-
mission parachute system.
Sec. 129. Report on Navy capacity to increase production of certain
rotary wing aircraft.
Subtitle D--Air Force Programs
Sec. 131. Inventory requirement for Air Force fighter aircraft.
Sec. 132. Prohibition on availability of funds for retirement of E-8
JSTARS aircraft.
Sec. 133. Requirement for continuation of JSTARS aircraft
recapitalization program.
Sec. 134. Limitation on selection of single contractor for C-130H
avionics modernization program increment 2.
Sec. 135. Limitation on availability of funds for EC-130H Compass Call
recapitalization program.
Sec. 136. Limitation on retirement of U-2 and RQ-4 aircraft.
Sec. 137. Cost-benefit analysis of upgrades to MQ-9 Reaper aircraft.
Sec. 138. Plan for modernization of the radar for F-16 fighter aircraft
of the National Guard.
Sec. 139. Comptroller General review of Air Force fielding plan for HH-
60 replacement programs.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. F-35 economic order quantity contracting authority.
Sec. 142. Authority for explosive ordnance disposal units to acquire new
or emerging technologies and capabilities.
Sec. 143. Requirement that certain aircraft and unmanned aerial
vehicles use specified standard data link.
Sec. 144. Reinstatement of requirement to preserve certain C-5 aircraft;
mobility capability and requirements study.
Subtitle A--Authorization Of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2018
for procurement for the Army, the Navy and the Marine Corps, the Air
Force, and Defense-wide activities, as specified in the funding table
in section 4101.
Subtitle B--Army Programs
SEC. 111. AUTHORITY TO EXPEDITE PROCUREMENT OF 7.62MM RIFLES.
(a) 7.62mm Rifles.--
(1) Procurement authority.--The Secretary of the Army is
authorized to expedite the procurement of a commercially available
off-the-shelf item or nondevelopmental item for a 7.62mm rifle
capability in accordance with this section.
(2) Limitation.--The Secretary of the Army may use the
authority under paragraph (1) to procure only the following:
(A) Not more than 7,000 7.62mm rifles.
(B) Equipment and ammunition associated with such rifles.
(3) Contracting procedures.--
(A) Full and open competition.--In awarding contracts under
paragraph (1), the Secretary of the Army shall use full and
open competition to the extent practicable.
(B) Procedures other than full and open competition.--The
Secretary of the Army may not award a contract under paragraph
(1) using procedures other than full and open competition until
a period of 10 days has elapsed following the date on which the
Secretary submits to the congressional committees the report
described in subparagraph (C).
(C) Report.--The report described in this subparagraph is a
report of the Secretary of the Army that includes--
(i) a detailed justification for limiting full and open
competition for the procurement authorized under paragraph
(1);
(ii) a description of the objectives, costs, and
timelines associated with the procurement; and
(iii) an assessment of the projected impact of the
procurement on any related programs in terms of cost,
schedule, and the use of full and open competition in such
programs.
(b) Related Programs.--
(1) In general.--The Secretary of the Army is authorized to use
funds made available to carry out subsection (a)--
(A) to accelerate by two years the squad designated
marksman rifle program of the Army;
(B) to accelerate by two years the advanced armor piercing
ammunition program of the Army; and
(C) subject to paragraph (2), to accelerate the next
generation squad weapon program of the Army.
(2) Full and open competition.--Any contract awarded under the
next generation squad weapon program of the Army shall be awarded
using full and open competition.
(c) Definitions.--In this section, the terms ``commercially
available off-the-shelf item'', ``full and open competition'', and
``nondevelopmental item'' have the meanings given the terms in chapter
1 of title 41, United States Code.
SEC. 112. LIMITATION ON AVAILABILITY OF FUNDS FOR INCREMENT 2 OF
THE WARFIGHTER INFORMATION NETWORK-TACTICAL PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for the Department of Defense for
fiscal year 2018 for Increment 2 of the Warfighter Information Network-
Tactical program of the Army (referred to in this section as ``WIN-T
Increment 2'') not more than 50 percent may be used to enter into, or
to prepare to enter into, a contract for the procurement of equipment
under the program until the date on which the Secretary of the Army
submits the report under subsection (b).
(b) Report.--Not later than January 31, 2018, the Secretary of the
Army, in consultation with the Chief of Staff of the Army, shall submit
to the congressional defense committees a report on the strategy of the
Army for modernizing air-land ad-hoc, mobile tactical communications
and data networks.
(c) Elements.--The report under subsection (b) shall include the
following:
(1) A description of the strategy of the Army for modernizing
air-land ad-hoc, mobile tactical communications and data networks.
(2) The justification, rationale, and decision points for the
strategy, including how network requirements are being redefined.
(3) How the Army intends to implement the recommendations
accepted by the Secretary of the Army related to air-land ad-hoc,
mobile tactical communications and data networks provided by the
Director of Cost Assessment and Program Evaluation pursuant to
section 237 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 781).
(4) How the Army will address the vulnerabilities identified by
the report of the Director of Cost Assessment and Program
Evaluation on the mobile, ad-hoc network against a modern peer
adversary capable of cyber and electronic warfare detection and
intrusion.
(5) A timeline and decision points for upgrading fielded WIN-T
Increment 1B systems.
(6) A list of planned upgrades for components of WIN-T
Increment 2 designed to improve program capabilities, including
size, weight, and complexity, including the impact of these
improvements on the cost of the program, as well as fielding
schedules for Army Brigade Combat Teams.
(7) How the strategy will reduce Army reliance on satellite
communications, including procurement and test strategies for more
resilient and secure mid-tier line of sight capability.
(8) How the strategy will address identified joint
interoperability capability gaps, specifically for units known as
``fight tonight'' units, including procurement and test plans for
identified solutions.
(9) Decision points associated with the near term modernization
strategy for mitigating operational capability gaps for such
``fight tonight'' units.
(10) The decision points and timelines associated with the
fielding of modernized mobile tactical network communications to
the reserve components of the Army.
(11) The planned funding and program realignments required for
fiscal year 2018 and across the future years defense program that
will be required to support the new strategy.
(12) Identification of the changes in acquisition policy as
well as operational requirements being implemented to deliver an
effective, suitable, and survivable network to the warfighter.
(13) Identification of the changes in leadership and governance
that will be associated with the new strategy.
(d) Form of Report.--The report required by section (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 113. LIMITATION ON AVAILABILITY OF FUNDS FOR UPGRADE OF M113
VEHICLES.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2018 for the upgrade of
M113 vehicles of the Army, not more than 50 percent may be obligated or
expended until the date on which Secretary of the Army submits to the
congressional defense committees the report described in subsection
(b).
(b) Report.--The report described in this subsection is a report
setting forth the strategy of the Army for the upgrade of M113 vehicles
that includes the following:
(1) A detailed strategy for upgrading and fielding M113
vehicles.
(2) An analysis of the manner in which the Army plans to
address M113 vehicle survivability and maneuverability concerns.
(3) An analysis of the historical costs associated with
upgrading M113 vehicles, and a validation of current cost estimates
for upgrading such vehicles.
(4) A comparison of--
(A) the total procurement and life cycle costs of adding an
echelon above brigade requirement to the Army Multi-Purpose
Vehicle; and
(B) the total procurement and life cycle costs of upgrading
legacy M113 vehicles.
(5) An analysis of the possibility of further accelerating Army
Multi-Purpose Vehicle production or modifying the fielding strategy
for the Army Multi-Purpose Vehicle to meet near-term echelon above
brigade requirements.
Subtitle C--Navy Programs
SEC. 121. AIRCRAFT CARRIERS.
(a) Modification of Cost Limitation Baseline for CVN-78 Class
Aircraft Carrier Program.--Section 122 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2105), as most recently amended by section 122 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 749), is amended--
(1) in subsection (a), by striking paragraph (2) and inserting
the following:
``(2) Carrier designated as cvn-79.--The total amount obligated
from funds appropriated or otherwise made available for
Shipbuilding and Conversion, Navy, or for any other procurement
account, for the aircraft carrier designated as CVN-79 may not
exceed $11,398,000,000 (as adjusted pursuant to subsection (b)).
``(3) Follow-on ships.--The total amount obligated from funds
appropriated or otherwise made available for Shipbuilding and
Conversion, Navy, or for any other procurement account, for any
ship that is constructed in the CVN-78 class of aircraft carriers
after the aircraft carrier designated as CVN-79 may not exceed
$12,568,000,000 (as adjusted pursuant to subsection (b)).'';
(2) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) The amounts of increases or decreases in costs
attributable to economic inflation--
``(A) after September 30, 2013, in the case of the aircraft
carrier designated as CVN-79; and
``(B) after September 30, 2017, in the case of any ship
that is constructed in the CVN-78 class of aircraft carriers
after the aircraft carrier designated as CVN-79.''; and
(3) by adding at the end the following:
``(g) Exclusion of Battle and Interim Spares From Cost
Limitation.--The Secretary of the Navy shall exclude from the
determination of the amounts set forth in paragraphs (2) and (3) of
subsection (a), the costs of the following items:
``(1) CVN-78 class battle spares.
``(2) Interim spares.''.
(b) Waiver on Limitation of Availability of Funds for CVN-79.--The
Secretary of Defense may waive subsections (a) and (b) of section 128
of the National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 751) after a period of 60 days has elapsed
following the date on which the Secretary submits to the congressional
defense committees a written notification of the intent of the
Secretary to issue such a waiver. The Secretary shall include in any
such notification the following:
(1) The rationale of the Secretary for issuing the waiver.
(2) The revised test and evaluation master plan that describes
when full ship shock trials will be held on Ford-class aircraft
carriers.
(3) A certification that the Secretary has analyzed and
accepted the operational risk of the U.S.S. Gerald R. Ford
deploying without having conducted full ship shock trials, and that
the Secretary has not delegated the decision to issue such waiver.
SEC. 122. ICEBREAKER VESSEL.
(a) Authority to Procure One Polar-class Heavy Icebreaker.--
(1) In general.--There is authorized to be procured for the
Coast Guard one polar-class heavy icebreaker vessel.
(2) Condition for out-year contract payments.--A contract
entered into under paragraph (1) shall provide that any obligation
of the United States to make a payment under the contract for a
fiscal year after fiscal year 2018 is subject to the availability
of appropriations or funds for that purpose for such later fiscal
year.
(b) Limitation on Availability of Funds for Procurement of
Icebreaker Vessels.--None of the funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
any fiscal year that are unobligated as of the date of the enactment of
this Act may be obligated or expended for the procurement of an
icebreaker vessel other than the one polar-class heavy icebreaker
vessel authorized to be procured under subsection (a)(1).
(c) Contracting Authority.--
(1) Coast guard.--If funds are appropriated to the department
in which the Coast Guard is operating to carry out subsection
(a)(1), the head of contracting activity for the Coast Guard shall
be responsible for contracting actions carried out using such
funds.
(2) Navy.--If funds are appropriated to the Department of
Defense to carry out subsection (a)(1), the head of contracting
activity for the Navy, Naval Sea Systems Command shall be
responsible for contracting actions carried out using such funds.
(3) Interagency acquisition.--Notwithstanding paragraphs (1)
and (2), the head of contracting activity for the Coast Guard or
head of contracting activity for the Navy, Naval Sea Systems
Command (as the case may be) may authorize interagency acquisitions
that are within the authority of such head of contracting activity.
(d) Comptroller General Report.--
(1) In general.--Not later than March 1, 2018, the Comptroller
General of the United States shall submit to the congressional
defense committees, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives a report
assessing the cost of, and schedule for, the procurement of new
icebreaker vessels for the Federal Government.
(2) Elements.--The report under paragraph (1) shall include an
analysis of the following:
(A) The status of the efforts of the Coast Guard to acquire
new icebreaking capability, including an explanation of how
such efforts are coordinated through the integrated program
office.
(B) Actions taken by the Coast Guard to incorporate key
practices of other countries with respect to the procurement of
icebreaker vessels to increase the Coast Guard's knowledge of,
and to reduce the costs and risks of, procuring such vessels.
(C) The extent to which the cost and schedule for the
construction of Coast Guard icebreakers differs from such cost
and schedule in other countries.
(D) The extent to which innovative acquisition practices
(such as multiyear funding and block buys) may be applied to
the procurement of icebreaker vessels to reduce the costs and
accelerate the schedule of such procurement.
(E) A capacity replacement plan to mitigate a potential
icebreaker capability gap if the Polar Star cannot remain in
service.
(F) Any other matters the Comptroller General considers
appropriate.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS
DESTROYERS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts for the procurement of up to 15
Arleigh Burke class Flight III guided missile destroyers.
(b) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts, beginning in fiscal year 2018,
for advance procurement associated with the destroyers for which
authorization to enter into a multiyear procurement contract is
provided under subsection (a), and for systems and subsystems
associated with such destroyers in economic order quantities when cost
savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2018 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(d) Limitation.--The Secretary of the Navy may not modify a
contract entered into under subsection (a) if the modification would
increase the target price of the destroyer by more than 10 percent
above the target price specified in the original contract awarded for
the destroyer under subsection (a).
SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS
SUBMARINE PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts for the procurement of not more
than 13 Virginia class submarines.
(b) Limitation.--The Secretary of the Navy may not modify a
contract entered into under subsection (a) if the modification would
increase the target price of the submarine by more than 10 percent
above the target price specified in the original contract awarded for
the submarine under subsection (a).
(c) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts, beginning in fiscal year 2018,
for advance procurement associated with the Virginia class submarines
for which authorization to enter into a multiyear procurement contract
is provided under subsection (a) and for equipment or subsystems
associated with the Virginia class submarine program, including
procurement of--
(1) long lead time material; or
(2) material or equipment in economic order quantities when
cost savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2019 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(e) Limitation on Termination Liability.--A contract for the
construction of Virginia class submarines entered into under subsection
(a) shall include a clause that limits the liability of the United
States to the contractor for any termination of the contract. The
maximum liability of the United States under the clause shall be the
amount appropriated for the submarines covered by the contract
regardless of the amount obligated under the contract.
(f) Virginia Class Submarine Defined.--The term ``Virginia class
submarine'' means a block V configured Virginia class submarine.
SEC. 125. DESIGN AND CONSTRUCTION OF THE LEAD SHIP OF THE
AMPHIBIOUS SHIP REPLACEMENT DESIGNATED LX(R) OR AMPHIBIOUS
TRANSPORT DOCK DESIGNATED LPD-30.
(a) In General.--Using funds authorized to be appropriated for the
Department of Defense for Shipbuilding and Conversion, Navy, the
Secretary of the Navy may enter into a contract, beginning with the
fiscal year 2018 program year, for the design and construction of--
(1) the lead ship of the amphibious ship replacement class
designated LX(R); or
(2) the amphibious transport dock designated LPD-30.
(b) Use of Incremental Funding.--With respect to the contract
entered into under subsection (a), the Secretary may use incremental
funding to make payments under the contract.
(c) Condition for Out-year Contract Payments.--The contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under such contract for any fiscal year
after fiscal year 2018 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR V-22 OSPREY AIRCRAFT.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code (except as provided in subsection (b)),
the Secretary of the Navy may enter into one or more multiyear
contracts, beginning with the 2018 program year, for the procurement of
the following:
(1) V-22 Osprey aircraft.
(2) Common configuration-readiness and modernization upgrades
for V-22 Osprey aircraft.
(b) Contract Period.--Notwithstanding section 2306b(k) of title 10,
United States Code, the period covered by a contract entered into on a
multiyear basis under the authority of subsection (a) may exceed five
years, but may not exceed seven years.
(c) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2018 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
SEC. 127. EXTENSION OF LIMITATION ON USE OF SOLE-SOURCE
SHIPBUILDING CONTRACTS FOR CERTAIN VESSELS.
Section 124 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) is amended by striking ``2017'' and
inserting ``2017 or fiscal year 2018''.
SEC. 128. LIMITATION ON AVAILABILITY OF FUNDS FOR THE ENHANCED
MULTI-MISSION PARACHUTE SYSTEM.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for the Department of Defense for
fiscal year 2018 for the enhanced multi-mission parachute system, not
more than 80 percent may be used to enter into, or to prepare to enter
into, a contract for the procurement of such parachute system until the
date on which the Secretary of the Navy submits to the congressional
defense committees the certification under subsection (b) and the
report under subsection (c).
(b) Certification.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a certification that states--
(1) whether the multi-mission parachute system fielded by the
Marine Corps meets Marine Corps requirements;
(2) whether the RA-1 parachute system of the Army meets Marine
Corps requirements;
(3) whether the PARIS, Special Application Parachute of the
Marine Corps meets Marine Corps requirements;
(4) whether the testing plan for the enhanced multi-mission
parachute system meets all applicable regulatory requirements; and
(5) whether the Department of the Navy has determined that a
high glide canopy parachute system is as safe and effective as the
fielded free fall parachute systems.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report that includes--
(1) an explanation for using the Parachute Industry Association
specification for a military parachute given that sports parachutes
are deployed from relatively slow flying civilian aircraft at
altitudes below 10,000 feet;
(2) a cost estimate for any new equipment and training that the
Marine Corps will require in order to use a high glide parachute;
(3) justification for why the Department of the Navy is not
conducting any testing of parachutes until first article testing;
and
(4) an assessment of the risks associated with high glide
canopy parachutes with a focus on how the Department of the Navy
will mitigate the risk of malfunctions experienced in other high
glide canopy parachute programs.
SEC. 129. REPORT ON NAVY CAPACITY TO INCREASE PRODUCTION OF CERTAIN
ROTARY WING AIRCRAFT.
(a) Report.--Not later than March 30, 2018, the Secretary of the
Navy shall submit to the congressional defense committees a report that
describes and assesses the capacity of the Navy to increase production
of the aircraft described in subsection (b), taking into account an
increase in the size of the surface fleet of the Navy to 355 ships.
(b) Aircraft Described.--The aircraft described in this subsection
are the following:
(1) Anti-submarine warfare rotary wing aircraft.
(2) Search and rescue rotary wing aircraft.
Subtitle D--Air Force Programs
SEC. 131. INVENTORY REQUIREMENT FOR AIR FORCE FIGHTER AIRCRAFT.
(a) Inventory Requirement.--Section 8062 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(i)(1) During the period beginning on October 1, 2017, and ending
on October 1, 2022, the Secretary of the Air Force shall maintain a
total aircraft inventory of fighter aircraft of not less than 1,970
aircraft, and a total primary mission aircraft inventory (combat-coded)
of not less than 1,145 fighter aircraft.
``(2) In this subsection:
``(A) The term `fighter aircraft' means an aircraft that--
``(i) is designated by a mission design series prefix of F-
or A-;
``(ii) is manned by one or two crewmembers; and
``(iii) executes single-role or multi-role missions,
including air-to-air combat, air-to-ground attack, air
interdiction, suppression or destruction of enemy air defenses,
close air support, strike control and reconnaissance, combat
search and rescue support, or airborne forward air control.
``(B) The term `primary mission aircraft inventory' means
aircraft assigned to meet the primary aircraft authorization to a
unit for the performance of its wartime mission.''.
(b) Limitation on Retirement of Air Force Fighter Aircraft.--
(1) Limitation.--Except as provided in subsection (c), during
the period beginning on October 1, 2017, and ending on October 1,
2022, the Secretary of the Air Force may not proceed with a
decision to retire fighter aircraft in any number that would reduce
the total number of such aircraft in the Air Force total active
inventory below 1,970, and shall maintain a minimum of 1,145
fighter aircraft designated as primary mission aircraft inventory.
(2) Additional limitations on retirement of fighter aircraft.--
Except as provided in subsection (c), during the period beginning
on October 1, 2017, and ending on October 1, 2022, the Secretary of
the Air Force may not retire fighter aircraft from the total active
inventory as of the date of the enactment of this Act until the
later of the following:
(A) The date that is 30 days after the date on which the
Secretary submits the report required under paragraph (3).
(B) The date that is 30 days after the date on which the
Secretary certifies to the congressional defense committees
that--
(i) the retirement of such fighter aircraft will not
increase the operational risk of meeting the National
Defense Strategy; and
(ii) the retirement of such aircraft will not reduce
the total fighter force structure below 1,970 fighter
aircraft or the primary mission aircraft inventory below
1,145.
(3) Report on retirement of aircraft.--The Secretary of the Air
Force shall submit to the congressional defense committees a report
setting forth the following:
(A) The rationale for the retirement of existing fighter
aircraft and an operational analysis of the portfolio of
capabilities of the Air Force that demonstrates performance of
the designated mission at an equal or greater level of
effectiveness as the retiring aircraft.
(B) An assessment of the implications for the Air Force,
the Air National Guard, and the Air Force Reserve of the force
mix ratio of fighter aircraft.
(C) Such other matters relating to the retirement of
fighter aircraft as the Secretary considers appropriate.
(c) Exception for Certain Aircraft.--The requirement of subsection
(b) does not apply to individual fighter aircraft that the Secretary of
the Air Force determines, on a case-by-case basis, to be non-
operational because of mishaps, other damage, or being uneconomical to
repair.
(d) Fighter Aircraft Defined.--In this section, the term ``fighter
aircraft'' has the meaning given the term in subsection (i)(2)(A) of
section 8062 of title 10, United States Code, as added by subsection
(a) of this section.
SEC. 132. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF E-
8 JSTARS AIRCRAFT.
(a) Prohibition on Availability of Funds for Retirement.--Except as
provided by subsection (b), none of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2018 for the Air Force may be obligated or expended to retire, or
prepare to retire, any E-8 Joint Surveillance Target Attack Radar
System aircraft.
(b) Exception.--The prohibition in subsection (a) shall not apply
to individual E-8 Joint Surveillance Target Attack Radar System
aircraft that the Secretary of the Air Force determines, on a case-by-
case basis, to be non-operational because of mishaps, other damage, or
being uneconomical to repair.
SEC. 133. REQUIREMENT FOR CONTINUATION OF JSTARS AIRCRAFT
RECAPITALIZATION PROGRAM.
(a) In General.--If the budget request submitted to Congress for
any fiscal year includes a request by the Secretary of the Air Force to
cancel or modify the JSTARS aircraft recapitalization program, the
Secretary of Defense shall submit, as part of such budget request, the
report described in subsection (b).
(b) Report.--The report described in this subsection, is a report
that includes the following:
(1) The assumptions, rationale, and all analysis supporting the
proposed cancellation or modification of the JSTARS aircraft
recapitalization program.
(2) An assessment of the implications of such cancellation or
modification for meeting the mission requirements for air battle
management and moving target indicator intelligence discipline of
the Air Force, the Air National Guard, the Army, the Army National
Guard, the Navy and Marine Corps, and the combatant commands.
(3) A certification that the plan for the cancellation or
modification of the recapitalization program would not result in an
increased time during which there is a capability or capacity gap
in providing battlefield management, command and control and
intelligence, surveillance, and reconnaissance capabilities to the
combatant commanders.
(4) Such other matters relating to the proposed cancellation or
modification as the Secretary considers appropriate.
(c) Form of Report.--The report under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) The term ``budget request'' means the budget materials
submitted by the Secretary of Defense in support of the budget of
the President for a fiscal year (submitted to Congress pursuant to
section 1105 of title 31, United States Code).
(2) The term ``JSTARS aircraft recapitalization program'' means
the recapitalization program for the E-8C Joint Surveillance Target
Attack Radar System aircraft as such program is proposed to be
carried out in the budget request submitted to Congress for fiscal
year 2018.
SEC. 134. LIMITATION ON SELECTION OF SINGLE CONTRACTOR FOR C-130H
AVIONICS MODERNIZATION PROGRAM INCREMENT 2.
(a) Limitation.--The Secretary of the Air Force may not select only
a single prime contractor to carry out increment 2 of the C-130H
avionics modernization program until the Secretary submits to the
congressional defense committees a written certification that, in
selecting such a single prime contractor--
(1) the Secretary will ensure, to the extent practicable, that
commercially available off-the-shelf items are used under the
program, including technology solutions and nondevelopmental items;
and
(2) excessively restrictive military specification standards
will not be used to restrict or eliminate full and open competition
in the selection process.
(b) Definitions.--In this section, the terms ``commercially
available off-the-shelf item'', ``full and open competition'', and
``nondevelopmental item'' have the meanings given the terms in chapter
1 of title 41, United States Code.
SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR EC-130H COMPASS
CALL RECAPITALIZATION PROGRAM.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for any fiscal year for the EC-
130H Compass Call recapitalization program of the Air Force may be
obligated until a period of 30 days has elapsed following the date on
which the Under Secretary of Defense for Acquisition, Technology, and
Logistics submits to the congressional defense committees the
certification described in subsection (b).
(b) Certification.--The certification described in this subsection
is a written statement certifying that--
(1) an independent review of the acquisition process for the
EC-130H Compass Call recapitalization program of the Air Force has
been conducted; and
(2) as a result of such review, it has been determined that the
acquisition process for such program complies with all applicable
laws, guidelines, and best practices.
SEC. 136. LIMITATION ON RETIREMENT OF U-2 AND RQ-4 AIRCRAFT.
(a) Limitation.--The Secretary of the Air Force may take no action
that would prevent the Air Force from maintaining the fleets of U-2
aircraft or RQ-4 aircraft in their current, or improved, configurations
and capabilities until--
(1) the Under Secretary of Defense for Acquisition, Technology,
and Logistics certifies in writing to the appropriate committees of
Congress that--
(A) in the case of the RQ-4 aircraft, the validated
operating and sustainment costs of the capability developed to
replace the RQ-4 aircraft are less than the validated operating
and sustainment costs for the RQ-4 aircraft on a comparable
flight-hour cost basis; or
(B) in the case of the U-2 aircraft, the validated
operating and sustainment costs of the capability developed to
replace the U-2 aircraft are less than the validated operating
and sustainment costs for the U-2 aircraft on a comparable
flight-hour cost basis; and
(2) the Chairman of the Joint Requirements Oversight Council
certifies in writing to the appropriate committees of Congress that
the capability to be fielded at the same time or before the
retirement of the U-2 aircraft or RQ-4 aircraft (as the case may
be) would result in equal or greater capability available to the
commanders of the combatant commands and would not result in less
capacity available to the commanders of the combatant commands.
(b) Waiver.--The Secretary of Defense may waive the certification
requirement under subsection (a)(1) with respect to U-2 aircraft or RQ-
4 aircraft if the Secretary--
(1) determines, after analyzing sufficient and relevant data,
that a greater capability is worth increased operating and
sustainment costs; and
(2) provides to the appropriate committees of Congress a
certification of such determination and supporting analysis.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on Intelligence
of the House of Representatives.
(d) Repeal.--Section 133 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1321) is repealed.
SEC. 137. COST-BENEFIT ANALYSIS OF UPGRADES TO MQ-9 REAPER
AIRCRAFT.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of the Air Force, shall conduct an analysis that compares the
costs and benefits of the following:
(1) Upgrading fielded MQ-9 Reaper aircraft to a Block 5
configuration.
(2) Proceeding with the procurement of MQ-9B aircraft instead
of upgrading fielded MQ-9 Reaper aircraft to a Block 5
configuration.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that includes the results
of the cost-benefit analysis conducted under subsection (a).
(2) Form of report.--The report required by paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 138. PLAN FOR MODERNIZATION OF THE RADAR FOR F-16 FIGHTER
AIRCRAFT OF THE NATIONAL GUARD.
(a) Modernization Plan Required.--The Secretary of the Air Force
shall develop a plan to modernize the radars of F-16 fighter aircraft
of the National Guard by replacing legacy mechanically-scanned radars
for such aircraft with active electronically scanned array radars.
(b) Report.--Not later 180 days after the date of the enactment of
this Act, the Secretary of the Air Force shall submit to the
congressional defense committees the plan developed under subsection
(a).
SEC. 139. COMPTROLLER GENERAL REVIEW OF AIR FORCE FIELDING PLAN FOR
HH-60 REPLACEMENT PROGRAMS.
(a) Comptroller General Review.--The Comptroller General of the
United States shall conduct a review of the Air Force fielding plan for
the HH-60 replacement programs.
(b) Elements.--The review conducted under subsection (a) shall
include, with respect to the HH-60 replacement programs, the following:
(1) A description of the recommendations of the National
Commission on the Structure of the Air Force regarding the use of
concurrent and proportional fielding and how the Air Force applied
the recommendations in the fielding plan for the HH-60G replacement
programs.
(2) An evaluation of the fielding plan, including an assessment
of the Air Force rationale for the plan, as well as the alternative
fielding plans considered by the Air Force.
(3) An evaluation of the potential readiness impact of the
fielding plan on active duty, National Guard, and Reserve units,
including the impact of the plan on the ability of such units to
meet training, maintenance, and deployment requirements, as well as
the implications for total force integration initiatives should the
fielding not be proportional.
(c) Briefing.--Not later than March 1, 2018, the Comptroller
General shall provide a briefing to the congressional defense
committees on the review conducted under subsection (a).
(d) Final Report.--Not later than June 30, 2018, the Comptroller
General shall submit to the congressional committees a report that
includes the results of the review conducted under subsection (a).
(e) HH-60G Replacement Programs Defined.--In this section, the term
``HH-60G replacement programs'' means the HH-60G Ops Loss Replacement
program and the HH-60W Combat Rescue Helicopter program.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 141. F-35 ECONOMIC ORDER QUANTITY CONTRACTING AUTHORITY.
(a) In General.--Subject to subsections (b) through (e), from
amounts made available for obligation under the F-35 aircraft program,
the Secretary of Defense may enter into one or more contracts,
beginning with the fiscal year 2018 program year, for the procurement
of economic order quantities of material and equipment that has
completed formal hardware qualification testing for the F-35 aircraft
program for use in procurement contracts to be awarded for such program
during fiscal years 2019 and 2020.
(b) Limitation.--The total amount obligated under all contracts
entered into under subsection (a) shall not exceed $661,000,000.
(c) Preliminary Findings.--Before entering into a contract under
subsection (a), the Secretary shall make each of the following findings
with respect to such contract:
(1) The use of such a contract will result in significant
savings of the total anticipated costs of carrying out the program
through annual contracts.
(2) The minimum need for the property to be procured is
expected to remain substantially unchanged during the contemplated
contract period in terms of production rate, procurement rate, and
total quantities.
(3) There is a reasonable expectation that, throughout the
contemplated contract period, the Secretary will request funding
for the contract at the level required to avoid contract
cancellation.
(4) That there is a stable design for the property to be
procured and that the technical risks associated with such property
are not excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of an economic order
quantity contract are realistic.
(6) Entering into the contract will promote the national
security interests of the United States.
(d) Certification Requirement.--Except as provided in subsection
(e), the Secretary of Defense may not enter into a contract under
subsection (a) until a period of 30 days has elapsed following the date
on which the Secretary certifies to the congressional defense
committees, in writing, that each of the following conditions is
satisfied:
(1) A sufficient number of end items of the system being
acquired under such contract have been delivered at or within the
most recently available estimates of the program acquisition unit
cost or procurement unit cost for such system to determine that the
estimates of the unit costs are realistic.
(2) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the contract
in such fiscal year, and the future-years defense program submitted
to Congress under section 221 of title 10, United States Code, for
that fiscal year will include the funding required to execute the
program without cancellation.
(3) The contract is a fixed-price type contract.
(4) The proposed contract provides for production at not less
than minimum economic rates given the existing tooling and
facilities.
(5) The Secretary has determined that each of the conditions
described in paragraphs (1) through (6) of subsection (c) will be
met by such contract and has provided the basis for such
determination to the congressional defense committees.
(6) The determination under paragraph (5) was made after the
completion of a cost analysis performed by the Director of Cost
Assessment and Program Evaluation for the purpose of section
2334(e)(1) of title 10, United States Code, and the analysis
supports that determination.
(e) Exception.--Notwithstanding subsection (d), the Secretary of
Defense may enter into a contract under subsection (a) on or after
March 1, 2018, if--
(1) the Director of Cost Assessment and Program Evaluation has
not completed a cost analysis of the preliminary findings made by
the Secretary under subsection (c) with respect to the contract;
(2) the Secretary certifies to the congressional defense
committees, in writing, that each of the conditions described in
paragraphs (1) through (5) of subsection (d) is satisfied; and
(3) a period of 30 days has elapsed following the date on which
the Secretary submits the certification under paragraph (2).
SEC. 142. AUTHORITY FOR EXPLOSIVE ORDNANCE DISPOSAL UNITS TO
ACQUIRE NEW OR EMERGING TECHNOLOGIES AND CAPABILITIES.
The Secretary of Defense, after consultation with the head of each
military service, may provide to an explosive ordnance disposal unit
the authority to acquire new or emerging technologies and capabilities
that are not specifically provided for in the authorized equipment
allowance for the unit, as such allowance is set forth in the table of
equipment and table of allowance for the unit.
SEC. 143. REQUIREMENT THAT CERTAIN AIRCRAFT AND UNMANNED AERIAL
VEHICLES USE SPECIFIED STANDARD DATA LINK.
Section 157 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 126 Stat. 1667) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Solicitations.--The Secretary of Defense shall--
``(1) ensure that any solicitation issued for a Common Data
Link described in subsection (a), regardless of whether the
solicitation is issued by a military department or a contractor
with respect to a subcontract--
``(A) conforms to a Department of Defense specification
standard, including interfaces and waveforms, existing as of
the date of the solicitation; and
``(B) does not include any proprietary or undocumented
waveforms or control interfaces or data interfaces as a
requirement or criterion for evaluation; and
``(2) notify the congressional defense committees not later
than 15 days after issuing a solicitation for a Common Data Link to
be sunset (CDL-TBS) waveform.''; and
(2) in subsection (c), in the matter preceding paragraph (1)--
(A) by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Deputy
Secretary of Defense'';
(B) by striking ``Under Secretary'' and inserting ``Deputy
Secretary of Defense''; and
(C) by inserting ``before October 1, 2023'' after
``committees''.
SEC. 144. REINSTATEMENT OF REQUIREMENT TO PRESERVE CERTAIN C-5
AIRCRAFT; MOBILITY CAPABILITY AND REQUIREMENTS STUDY.
(a) Preservation of Retired Aircraft.--Section 141 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126
Stat. 1659), as amended by section 132 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328), is amended
by inserting after subsection (c) the following:
``(d) Preservation of Certain Retired C-5 Aircraft.--
``(1) In general.--The Secretary of the Air Force shall
preserve eight retired C-5 aircraft until the date that is 30 days
after the date on which the briefing under section 144(b) of the
National Defense Authorization Act for Fiscal Year 2018 is provided
to the congressional defense committees.
``(2) Manner of preservation.--The retired C-5 aircraft
preserved under paragraph (1) shall be preserved such that each
aircraft--
``(A) can be returned to service; and
``(B) is not used to supply parts to other aircraft unless
specifically authorized by the Secretary of Defense upon a
request by the Secretary of the Air Force.''.
(b) Study and Briefing.--
(1) Study.--The Secretary of Defense shall carry out a mobility
capability and requirements study that estimates the number or
airlift aircraft, tanker aircraft, and sealift ships needed to meet
combatant commander requirements.
(2) Briefing.--Not later than September 30, 2018, the Secretary
of Defense shall provide to the congressional defense committees a
briefing on the results of the study carried out under paragraph
(1). The briefing shall include--
(A) a detailed explanation of the strategy and associated
force sizing and shaping constructs, associated scenarios, and
assumptions used to conduct the analysis;
(B) estimated risk based on Chairman of the Joint Chiefs of
Staff risk management classifications; and
(C) implications of operations in contested areas with
regard to the Civil Reserve Air Fleet.
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. Cost controls for presidential aircraft recapitalization
program.
Sec. 212. Capital investment authority.
Sec. 213. Prizes for advanced technology achievements.
Sec. 214. Joint Hypersonics Transition Office.
Sec. 215. Department of Defense directed energy weapon system
prototyping and demonstration program.
Sec. 216. Appropriate use of authority for prototype projects.
Sec. 217. Mechanisms for expedited access to technical talent and
expertise at academic institutions to support Department of
Defense missions.
Sec. 218. Modification of laboratory quality enhancement program.
Sec. 219. Reauthorization of Department of Defense Established Program
to Stimulate Competitive Research.
Sec. 220. Codification and enhancement of authorities to provide funds
for defense laboratories for research and development of
technologies for military missions.
Sec. 221. Expansion of definition of competitive procedures to include
competitive selection for award of science and technology
proposals.
Sec. 222. Inclusion of modeling and simulation in test and evaluation
activities for purposes of planning and budget certification.
Sec. 223. Limitation on availability of funds for F-35 Joint Strike
Fighter Follow-On Modernization.
Sec. 224. Improvement of update process for populating mission data
files used in advanced combat aircraft.
Sec. 225. Support for national security innovation and entrepreneurial
education.
Sec. 226. Limitation on cancellation of designation Executive Agent for
a certain Defense Production Act program.
Subtitle C--Reports and Other Matters
Sec. 231. Columbia-class program accountability matrices.
Sec. 232. Review of barriers to innovation in research and engineering
activities of the Department of Defense.
Sec. 233. Pilot program to improve incentives for technology transfer
from Department of Defense laboratories.
Sec. 234. Competitive acquisition plan for low probability of detection
data link networks.
Sec. 235. Clarification of selection dates for pilot program for the
enhancement of the research, development, test, and evaluation
centers of the Department of Defense.
Sec. 236. Requirement for a plan to build a prototype for a new ground
combat vehicle for the Army.
Sec. 237. Plan for successfully fielding the Integrated Air and Missile
Defense Battle Command System.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2018
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. COST CONTROLS FOR PRESIDENTIAL AIRCRAFT RECAPITALIZATION
PROGRAM.
(a) Fixed Capability Requirements.--Except as provided in
subsection (b), the capability requirements for aircraft procured under
the presidential aircraft recapitalization program of the Air Force
(referred to in this section as the ``PAR Program'') shall be the
capability requirements identified in version 7.0.2 of the system
requirement document for the PAR Program.
(b) Adjustments.--The Chief of Staff of the Air Force may adjust
the capability requirements described in subsection (a) only if the
Chief of Staff submits to the congressional defense committees a
written determination that such adjustment is necessary--
(1) to resolve an ambiguity relating to the capability
requirement;
(2) to address a problem with the administration of the
capability requirement;
(3) to lower the development cost or life-cycle cost of the PAR
program;
(4) to comply with a change in international, Federal, State,
or local law or regulation that takes effect after September 30,
2017;
(5) to address a safety issue; or
(6) subject to subsection (c), to address an emerging threat or
vulnerability.
(c) Limitation on Adjustment for Emerging Threat or
Vulnerability.--The Chief of Staff of the Air Force may use the
authority under paragraph (6) of subsection (b) to adjust the
requirements described in subsection (a) only if the Secretary and the
Chief of Staff of the Air Force, on a nondelegable basis--
(1) jointly determine that such adjustment is necessary and in
the interests of the national security of the United States; and
(2) submit to the congressional defense committees notice of
such joint determination.
(d) Analysis for Fixed-price Type Contracts.--The Secretary of the
Air Force shall work with the contractor and conduct an analysis of
risk and explore opportunities to enter into additional fixed price
type contracts for engineering and manufacturing development beyond the
procurement of the unmodified commercial aircraft as described in
paragraph (1).
(e) Quarterly Briefings.--
(1) In general.--Beginning not later than October 1, 2017, and
on a quarterly basis thereafter through October 1, 2022, the
Secretary of the Air Force shall provide to the congressional
defense committees a briefing on the efforts of the Secretary to
control costs under the PAR Program.
(2) Elements.--Each briefing under paragraph (1) shall include,
with respect to the PAR Program, the following:
(A) An overview of the program schedule.
(B) A description of each contract awarded under the
program, including a description of the type of contract and
the status of the contract.
(C) An assessment of the status of the program with respect
to--
(i) modification;
(ii) testing;
(iii) delivery; and
(iv) sustainment.
(f) Service Acquisition Executive Defined.--In this section, the
term ``service acquisition executive'' has the meaning given that term
in section 101(a)(10) of title 10, United States Code.
SEC. 212. CAPITAL INVESTMENT AUTHORITY.
Section 2208(k)(2) of title 10, United States Code, is amended by
striking ``$250,000'' and inserting ``$500,000 for procurements by a
major range and test facility installation or a science and technology
reinvention laboratory and not less than $250,000 for procurements at
all other facilities''.
SEC. 213. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.
Section 2374a of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``in recognition of'' and
inserting ``and other types of prizes that the Secretary determines
are appropriate to recognize'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``cash prize of'' and
inserting ``prize with a fair market value of'';
(B) in paragraph (2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Research and
Engineering''; and
(C) by adding at the end the following new paragraph:
``(3) No prize competition may result in the award of a solely
nonmonetary prize with a fair market value of more than $10,000 without
the approval of the Under Secretary of Defense for Research and
Engineering.'';
(3) in subsection (e)--
(A) by inserting ``or nonmonetary items'' after ``accept
funds'';
(B) by striking ``and from State and local governments''
and inserting ``, from State and local governments, and from
the private sector''; and
(C) by adding at the end the following: ``The Secretary may
not give any special consideration to any private sector entity
in return for a donation.''; and
(4) by amending subsection (f) to read as follows:
``(f) Use of Prize Authority.--Use of prize authority under this
section shall be considered the use of competitive procedures for the
purposes of section 2304 of this title.''.
SEC. 214. JOINT HYPERSONICS TRANSITION OFFICE.
(a) Redesignation.--The joint technology office on hypersonics in
the Office of the Secretary of Defense is redesignated as the ``Joint
Hypersonics Transition Office''. Any reference in a law (other than
this section), map, regulation, document, paper, or other record of the
United States to the joint technology office on hypersonics shall be
deemed to be a reference to the Joint Hypersonics Transition Office.
(b) Hypersonics Development.--Section 218 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 10 U.S.C. 2358 note), as amended by section 1079(f) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 999), is amended--
(1) in the heading of subsection (a), by striking ``Joint
Technology Office on Hypersonics'' and inserting ``Joint
Hypersonics Transition Office'';
(2) in subsection (a)--
(A) in the first sentence, by striking ``joint technology
office on hypersonics'' and inserting ``Joint Hypersonics
Transition Office (in this section referred to as the
`Office')''; and
(B) in the second sentence, by striking ``office'' and
inserting ``Office'';
(3) in subsection (b), by striking ``joint technology office
established under subsection (a)'' and inserting ``Office''; and
(4) by amending subsection (c) to read as follows:
``(c) Responsibilities.--In carrying out the program required by
subsection (b), the Office shall do the following:
``(1) Expedite testing, evaluation, and acquisition of
hypersonic weapon systems to meet the stated needs of the
warfighter, including flight testing, ground-based-testing, and
underwater launch testing.
``(2) Coordinate and integrate current and future research,
development, test, and evaluation programs and system demonstration
programs of the Department of Defense on hypersonics.
``(3) Undertake appropriate actions to ensure--
``(A) close and continuous integration of the programs on
hypersonics of the military departments and the Defense
Agencies with the programs on hypersonics across the Federal
Government and with appropriate private sector and foreign
organizations; and
``(B) that both foundational research and developmental and
operational testing resources are adequate and well funded, and
that facilities are made available in a timely manner to
support hypersonics research, demonstration programs, and
system development.
``(4) Approve prototyping demonstration programs on hypersonic
systems to speed the maturation and deployment of the systems to
the warfighter,.
``(5) Ensure that any demonstration program on hypersonic
systems that is carried out in any year after its approval under
paragraph (3) is carried out only if certified under subsection (e)
as being consistent with the roadmap under subsection (d).
``(6) Develop strategies and roadmaps for hypersonic
technologies to transition to operational capabilities for the
warfighter.
``(7) Coordinate with relevant stakeholders and agencies to
support United States technological advantage in developing
hypersonics.'';
(5) in subsection (d)(1), by striking ``joint technology office
established under subsection (a)'' and inserting ``Office''; and
(6) in subsection (e)--
(A) in paragraph (1), by striking ``joint technology office
established under subsection (a)'' and inserting ``Office'';
and
(B) in paragraph (2), by striking ``joint technology
office'' and inserting ``Office''.
SEC. 215. DEPARTMENT OF DEFENSE DIRECTED ENERGY WEAPON SYSTEM
PROTOTYPING AND DEMONSTRATION PROGRAM.
(a) Designation of Under Secretary of Defense for Research and
Engineering as the Official With Principal Responsibility for
Development and Demonstration of Directed Energy Weapons.--Subsection
(a)(1) of section 219 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2431 note) is amended
by striking ``Not later'' and all that follows through ``Department of
Defense'' and inserting ``The Under Secretary of Defense for Research
and Engineering shall serve''.
(b) Prototyping and Demonstration Program.--Such section is further
amended by adding at the end the following new subsection:
``(c) Prototyping and Demonstration Program.--
``(1) Establishment.--The Secretary of Defense, acting through
the Under Secretary, shall establish a program on the prototyping
and demonstration of directed energy weapon systems to build and
maintain the military superiority of the United States by--
``(A) accelerating, when feasible, the fielding of directed
energy weapon prototypes that would help counter technological
advantages of potential adversaries of the United States; and
``(B) supporting the military departments, the combatant
commanders, and other relevant defense agencies and entities in
developing prototypes and demonstrating operational utility of
high energy lasers and high powered microwave weapon systems.
``(2) Guidelines.--(A) Not later than 180 days after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2018, the Under Secretary shall issue guidelines for
the operation of the program established under paragraph (1),
including the following:
``(i) Criteria required for an application for funding by a
military department, defense agency or entity, or a combatant
command.
``(ii) The priorities, based on validated requirements or
capability gaps, for fielding prototype directed energy weapon
system technologies developed by research funding of the
Department or industry.
``(iii) Criteria for evaluation of an application for
funding or changes to policies or acquisition and business
practices by such a department, agency, or command for purposes
of improving the effectiveness and efficiency of the program.
``(B) Funding for a military department, defense agency, or
combatant command under the program established under paragraph (1)
may only be available for advanced technology development,
prototyping, and demonstrations in which the Department of Defense
maintains management of the technical baseline and a primary
emphasis on technology transition and evaluating military utility
to enhance the likelihood that the particular directed energy
weapon system will meet the Department end user's need.
``(3) Applications for funding.--(A) Not less frequently than
once each year, the Under Secretary shall solicit from the heads of
the military departments, the defense agencies, and the combatant
commands applications for funding under the program established
under paragraph (1) to be used to enter into contracts, cooperative
agreements, or other transaction agreements entered into pursuant
to section 2371b of title 10, United States Code, with appropriate
entities for the prototyping or commercialization of technologies.
``(B) Nothing in this section shall be construed to require any
official of the Department of Defense to provide funding under the
program to any congressional earmark as defined pursuant to clause
9 of rule XXI of the Rules of the House of Representatives or any
congressionally directed spending item as defined pursuant to
paragraph 5 of rule XLIV of the Standing Rules of the Senate.
``(4) Funding.--(A) Except as provided in subparagraph (B) and
subject to the availability of appropriations for such purpose, of
the funds authorized to be appropriated by the National Defense
Authorization Act for Fiscal Year 2018 or otherwise made available
for fiscal year 2018 for research, development, test, and
evaluation, defense-wide, up to $100,000,000 may be available to
the Under Secretary to allocate to the military departments, the
defense agencies, and the combatant commands to carry out the
program established under paragraph (1).
``(B) Not more than half of the amounts made available under
subparagraph (A) may be allocated as described in such paragraph
until the Under Secretary--
``(i) develops the strategic plan required by subsection
(a)(2)(A); and
``(ii) submits such strategic plan to the congressional
defense committees.
``(5) Under secretary defined.--In this subsection, the term
`Under Secretary' means the Under Secretary of Defense for Research
and Engineering in the Under Secretary's capacity as the official
with principal responsibility for the development and demonstration
of directed energy weapons pursuant to subsection (a)(1).''.
SEC. 216. APPROPRIATE USE OF AUTHORITY FOR PROTOTYPE PROJECTS.
Section 2371b(d)(1)(A) of title 10, United States Code, is amended
by inserting ``or nonprofit research institution'' after ``defense
contractor''.
SEC. 217. MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL TALENT AND
EXPERTISE AT ACADEMIC INSTITUTIONS TO SUPPORT DEPARTMENT OF
DEFENSE MISSIONS.
(a) Arrangements Authorized.--
(1) In general.--The Secretary of Defense and each secretary of
a military department may establish one or more multi-institution
task order contracts, consortia, cooperative agreements, or other
arrangements to facilitate expedited access to university technical
expertise, including faculty, staff, and students, in support of
Department of Defense missions in the areas specified in subsection
(e).
(2) Use for technical analyses and engineering support.--The
Secretary may use an arrangement under paragraph (1) to fund
technical analyses and other engineering support as required to
address acquisition, management, and operational challenges,
including support for classified programs and activities.
(b) Limitation.--An arrangement established under subsection (a)(1)
may not be used to fund research programs that can be executed through
other Department of Defense basic research activities.
(c) Consultation With Other Department of Defense Activities.--An
arrangement established under subsection (a)(1) shall, to the degree
practicable, be made in consultation with other Department of Defense
activities, including federally funded research and development centers
(FFRDCs), university affiliated research centers (UARCs), and Defense
laboratories and test centers, for purposes of providing technical
expertise and reducing costs and duplicative efforts.
(d) Policies and Procedures.--If the Secretary of Defense or a
secretary of a military department establishes one or more arrangements
under subsection (a)(1), the Secretary of Defense shall establish and
implement policies and procedures to govern--
(1) selection of participants in the arrangement or
arrangements;
(2) the awarding of task orders under the arrangement or
arrangements;
(3) maximum award size for tasks under the arrangement or
arrangements;
(4) the appropriate use of competitive awards and sole source
awards under the arrangement or arrangements; and
(5) technical areas under the arrangement or arrangements.
(e) Mission Areas.--The areas specified in this subsection are as
follows:
(1) Cybersecurity.
(2) Air and ground vehicles.
(3) Shipbuilding.
(4) Explosives detection and defeat.
(5) Undersea warfare.
(6) Trusted electronics.
(7) Unmanned systems.
(8) Directed energy.
(9) Energy, power, and propulsion.
(10) Management science and operations research.
(11) Artificial intelligence.
(12) Data analytics.
(13) Business systems.
(14) Technology transfer and transition.
(15) Biological engineering and genetic enhancement.
(16) High performance computing.
(17) Materials science and engineering.
(18) Quantum information sciences.
(19) Special operations activities.
(20) Modeling and simulation.
(21) Autonomous systems.
(22) Model based engineering.
(23) Such other areas as the Secretary considers appropriate.
(f) Sunset.--No new arrangements may be entered into under
subsection (a)(1) after September 30, 2020.
(g) Arrangements Established Under Subsection (a)(1) Defined.--In
this section, the term ``arrangement established under subsection
(a)(1)'' means a multi-institution task order contract, consortia,
cooperative agreement, or other arrangement established under
subsection (a)(1).
SEC. 218. MODIFICATION OF LABORATORY QUALITY ENHANCEMENT PROGRAM.
(a) In General.--Section 211 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the semicolon and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) new interpretations of existing statutes and
regulations that would enhance the ability of a director of a
science and technology reinvention laboratory to manage the
facility and discharge the mission of the laboratory;'';
(2) in subsection (d), by adding at the end the following new
paragraph:
``(3)(A) Each panel described in paragraph (1), (2), or (3) of
subsection (b) shall submit to the panel described in paragraph (4) of
such subsection (relating to governance and oversight processes) the
following:
``(i) The findings of the panel with respect to the review
conducted by the panel under subsection (a)(1)(C).
``(ii) The recommendations made by the panel under such
subsection.
``(iii) Such comments, findings, and recommendations as the
panel may have received by a science and technology reinvention
laboratory with respect to--
``(I) the review conducted by the panel under such
subsection; or
``(II) recommendations made by the panel under such
subsection.
``(B)(i) The panel described in subsection (b)(4) shall review and
refashion such recommendations as the panel may receive under
subparagraph (A).
``(ii) In reviewing and refashioning recommendations under clause
(i), the panel may, as the panel considers appropriate, consult with
the science and technology executive of the affected service.
``(C) The panel described in subsection (b)(4) shall submit to the
Under Secretary of Defense for Research and Engineering the
recommendations made by the panel under subsection (a)(1)(C) and the
recommendations refashioned by the panel under subparagraph (B) of this
paragraph.'';
(3) by redesignating subsections (e) and (f) as subsection (f)
and (g), respectively; and
(4) by inserting after subsection (d) the following new
subsection (e):
``(e) Interpretation of Provisions of Law.--(1) The Under Secretary
of Defense for Research and Engineering, acting under the guidance of
the Secretary, shall issue regulations regarding the meaning, scope,
implementation, and applicability of any provision of a statute
relating to a science and technology reinvention laboratory.
``(2) In interpreting or defining under paragraph (1), the Under
Secretary shall, to the degree practicable, emphasize providing the
maximum operational flexibility to the directors of the science and
technology reinvention laboratories to discharge the missions of their
laboratories.
``(3) In interpreting or defining under paragraph (1), the Under
Secretary shall, to the extent practicable, consult and coordinate with
the secretaries of the military departments and such other agencies or
entities as the Under Secretary considers relevant, on any proposed
revision to regulations under paragraph (1).
``(4) In interpreting or defining under paragraph (1), the Under
Secretary shall seek recommendations from the panel described in
subsection (b)(4).''.
(b) Technical Corrections.--(1) Subsections (a), (c)(1)(C), and
(d)(2) of such section are amended by striking ``Assistant Secretary''
each place it appears and inserting ``Under Secretary''.
(2) Subparagraph (C) of section 342(b)(3) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337), as amended
by section 211(f) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328), as redesignated by subsection (a)(3) of
this section, is amended by striking ``Assistant Secretary'' and
inserting ``Under Secretary''.
SEC. 219. REAUTHORIZATION OF DEPARTMENT OF DEFENSE ESTABLISHED
PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
(a) Modification of Program Objectives.--Subsection (b) of section
257 of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 10 U.S.C. 2358 note) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs (2)
and (3), respectively;
(2) by inserting before paragraph (2), as redesignated by
paragraph (1), the following new paragraph (1):
``(1) To increase the number of university researchers in
eligible States capable of performing science and engineering
research responsive to the needs of the Department of Defense.'';
and
(3) in paragraph (2), as redesignated by paragraph (1), by
inserting ``relevant to the mission of the Department of Defense
and'' after ``that is''.
(b) Modification of Program Activities.--Subsection (c) of such
section is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) To provide assistance to science and engineering
researchers at institutions of higher education in eligible States
through collaboration between Department of Defense laboratories
and such researchers.''.
(c) Modification of Eligibility Criteria for State Participation.--
Subsection (d) of such section is amended--
(1) in paragraph (2)(B), by inserting ``in areas relevant to
the mission of the Department of Defense'' after ``programs''; and
(2) by adding at the end the following new paragraph:
``(3) The Under Secretary shall not remove a designation of a State
under paragraph (2) because the State exceeds the funding levels
specified under subparagraph (A) of such paragraph unless the State has
exceeded such funding levels for at least two consecutive years.''.
(d) Modification of Coordination Requirement.--Subsection (e) of
such section is amended--
(1) in paragraph (1), by striking ``shall'' each place it
appears and inserting ``may''; and
(2) in paragraph (3), by inserting ``relevant to the mission of
the Department of Defense and'' after ``Research are''.
(e) Modification of Name.--
(1) In general.--Such section is amended--
(A) in subsections (a) and (e) by striking ``Experimental''
each place it appears and inserting ``Established''; and
(B) in the section heading, by striking ``experimental''
and inserting ``established''.
(2) Clerical amendment.--Such Act is amended, in the table of
contents in section 2(b), by striking the item relating to section
257 and inserting the following new item:
``Sec. 257. Defense established program to stimulate competitive
research.''.
(3) Conforming amendment.--Section 307 of the 1997 Emergency
Supplemental Appropriations Act for Recovery from Natural
Disasters, and for Overseas Peacekeeping Efforts, Including Those
in Bosnia (Public Law 105-18) is amended by striking
``Experimental'' and inserting ``Established''.
SEC. 220. CODIFICATION AND ENHANCEMENT OF AUTHORITIES TO PROVIDE
FUNDS FOR DEFENSE LABORATORIES FOR RESEARCH AND DEVELOPMENT OF
TECHNOLOGIES FOR MILITARY MISSIONS.
(a) In General.--Chapter 139 of title 10, United States Code, is
amended by inserting after section 2362 the following new section:
``Sec. 2363. Mechanisms to provide funds for defense laboratories for
research and development of technologies for military missions
``(a) Mechanisms to Provide Funds.--(1) The Secretary of Defense,
in consultation with the Secretaries of the military departments, shall
establish mechanisms under which the director of a defense laboratory
may use an amount of funds equal to not less than two percent and not
more than four percent of all funds available to the defense laboratory
for the following purposes:
``(A) To fund innovative basic and applied research that is
conducted at the defense laboratory and supports military missions.
``(B) To fund development programs that support the transition
of technologies developed by the defense laboratory into
operational use.
``(C) To fund workforce development activities that improve the
capacity of the defense laboratory to recruit and retain personnel
with necessary scientific and engineering expertise that support
military missions.
``(D) To fund the repair or minor military construction of the
laboratory infrastructure and equipment, in accordance with
subsection (b).
``(2) The mechanisms established under paragraph (1) shall provide
that funding shall be used under paragraph (1) at the discretion of the
director of a defense laboratory in consultation with the science and
technology executive of the military department concerned.
``(3) The science and technology executive of a military department
may develop policies and guidance to leverage funding and promote
cross-laboratory collaboration, including with laboratories of other
military departments.
``(4) After consultation with the science and technology executive
of the military department concerned, the director of a defense
laboratory may charge customer activities a fixed percentage fee, in
addition to normal costs of performance, in order to obtain funds to
carry out activities authorized by this subsection. The fixed fee may
not exceed four percent of costs.
``(b) Availability of Funds for Infrastructure Projects.--Funds
shall be available in accordance with subsection (a)(1)(D) only if--
``(1) the Secretary notifies the congressional defense
committees of the total cost of the project before the date on
which the Secretary uses the mechanism under such subsection for
such project; and
``(2) the Secretary ensures that the project complies with the
applicable cost limitations in--
``(A) section 2805(d) of this title, with respect to
revitalization and recapitalization projects; and
``(B) section 2811 of this title, with respect to repair
projects.
``(c) Annual Report on Use of Authority.--(1) Not later than March
1 of each year until March 1, 2025, the Secretary of Defense shall
submit to the congressional defense committees a report on the use of
the authority under subsection (a) during the preceding year.
``(2) Each report under paragraph (1) shall include, with respect
to the year covered by the report, the following:
``(A) A description of the mechanisms used to provide funding
under subsection (a)(1).
``(B) A statement of the amount of funding made available to
each defense laboratory for research described under such
subsection.
``(C) A description of the investments made by each defense
laboratory using funds under such subsection.
``(D) A description and assessment of any improvements in the
performance of the defense laboratories as a result of investments
under such subsection.
``(E) A description and assessment of the contributions to the
development of needed military capabilities provided by research
using funds under such subsection.
``(F) A description of any modification to the mechanisms under
subsection (a) that would improve the efficiency of the authority
under such subsection to support military missions.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of such title is amended by inserting after the item
relating to section 2362 the following new item:
``2363. Mechanisms to provide funds for defense laboratories for
research and development of technologies for military
missions.''.
(c) Conforming Amendments.--(1) Section 219 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 10 U.S.C. 2358 note), is hereby repealed.
(2) Section 2805(d)(1)(B) of title 10, United States Code, is
amended by striking ``under section 219(a) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 10 U.S.C. 2358 note)'' and inserting ``section 2363(a) of this
title''.
SEC. 221. EXPANSION OF DEFINITION OF COMPETITIVE PROCEDURES TO
INCLUDE COMPETITIVE SELECTION FOR AWARD OF SCIENCE AND TECHNOLOGY
PROPOSALS.
Section 2302(2)(B) of title 10, United States Code, is amended by
striking ``basic research'' and inserting ``science and technology''.
SEC. 222. INCLUSION OF MODELING AND SIMULATION IN TEST AND
EVALUATION ACTIVITIES FOR PURPOSES OF PLANNING AND BUDGET
CERTIFICATION.
Section 196 of title 10, United States Code, is amended--
(1) in subsection (d)(1), in the first sentence, by inserting
``, including modeling and simulation capabilities'' after ``and
resources''; and
(2) in subsection (e)(1), by inserting ``, including modeling
and simulation activities,'' after ``evaluation activities''.
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR F-35 JOINT STRIKE
FIGHTER FOLLOW-ON MODERNIZATION.
(a) In General.--Not more than 25 percent of the funds authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2018 or any other fiscal year for the Department of Defense may be
obligated for F-35 Joint Strike Fighter Follow-On Modernization until
the Secretary of Defense provides the final report required under
section 224(b) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328).
(b) Dual Capable Aircraft.--Neither the limitation in subsection
(a) nor the limitation in section 224(a) of the National Defense
Authorization Act for Fiscal Year 2017 shall be construed to limit or
otherwise restrict any funding that is required to develop, certify, or
deliver F-35A dual capable aircraft.
SEC. 224. IMPROVEMENT OF UPDATE PROCESS FOR POPULATING MISSION DATA
FILES USED IN ADVANCED COMBAT AIRCRAFT.
(a) Improvements To Update Process.--
(1) In general.--The Secretary of Defense shall take such
actions as may be necessary to improve the process used to update
the mission data files used in advanced combat aircraft of the
United States so that such updates can occur more quickly.
(2) Requirements.--In improving the process under paragraph
(1), the Secretary shall ensure the following:
(A) That under such process, updates to the mission data
files are developed, operationally tested, and loaded onto
systems of advanced combat aircraft while in theaters of
operation in a time-sensitive manner to allow for the
distinguishing of threats, including distinguishing friends
from foes, loading and delivery of weapon suites, and
coordination with allied and coalition armed forces.
(B) When updates are made to the mission data files, all
areas of responsibility (AoRs) are included.
(C) The process includes best practices relating to such
mission data files that have been identified by industry and
allies of the United States.
(D) The process improves the exchange of information
between weapons systems of the United States and weapon systems
of allies and partners of the United States, with respect to
such mission data files.
(b) Consultation and Pilot Programs.--In carrying out subsection
(a), the Secretary shall consult the innovation organizations resident
in the Department of Defense and may consider carrying out a pilot
program under another provision of this Act.
(c) Report.--Not later than March 31, 2018, the Secretary shall
submit to the congressional defense committees a report on the actions
taken by the Secretary under subsection (a)(1) and how the process
described in such subsection has been improved.
SEC. 225. SUPPORT FOR NATIONAL SECURITY INNOVATION AND
ENTREPRENEURIAL EDUCATION.
(a) Support Authorized.--
(1) In general.--The Secretary of Defense may, acting through
the Under Secretary of Defense for Research and Engineering,
support national security innovation and entrepreneurial education
programs.
(2) Elements.--Support under paragraph (1) may include the
following:
(A) Materials to recruit participants, including veterans,
for programs described in paragraph (1).
(B) Model curriculum for such programs.
(C) Training materials for such programs.
(D) Best practices for the conduct of such programs.
(E) Experimental learning opportunities for program
participants to interact with operational forces and better
understand national security challenges.
(F) Exchanges and partnerships with Department of Defense
science and technology activities.
(G) Activities consistent with the Proof of Concept
Commercialization Pilot Program established under section 1603
of the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 10 U.S.C. 2359 note).
(b) Consultation.--In carrying out subsection (a), the Secretary
may consult with the heads of such Federal agencies, universities, and
public and private entities engaged in the development of advanced
technologies as the Secretary determines to be appropriate.
(c) Authorities.--The Secretary may--
(1) develop and maintain metrics to assess national security
innovation and entrepreneurial education activities to ensure
standards for programs supported under subsection (b) are
consistent and being met; and
(2) ensure that any recipient of an award under the Small
Business Technology Transfer program, the Small Business Innovation
Research program, and science and technology programs of the
Department of Defense has the option to participate in training
under a national security innovation and entrepreneurial education
program supported under subsection (b).
(d) Participation by Federal Employees and Members of the Armed
Forces.--The Secretary may encourage Federal employees and members of
the Armed Forces to participate in a national security innovation and
entrepreneurial education program supported under subsection (a) in
order to gain exposure to modern innovation and entrepreneurial
methodologies.
(e) Coordination.--In carrying out this section, the Secretary
shall consider coordinating and partnering with activities and
organizations involved in the following:
(1) Hack the Army.
(2) Hack the Air Force.
(3) Hack the Pentagon.
(4) The Army Digital Service.
(5) The Defense Digital Service.
(6) The Air Force Digital Service.
(7) Challenge and prize competitions of the Defense Advanced
Research Projects Agency (DARPA).
(8) The Defense Science Study Group.
(9) The Small Business Innovation Research Program (SBIR).
(10) The Small Business Technology Transfer Program (STTR).
(11) War colleges of the military departments.
(12) Hacking for Defense.
(13) The National Security Science and Engineering Faculty
Fellowship (NSSEFF) program.
(14) The Science, Mathematics and Research for Transformation
(SMART) scholarship program.
(15) The young faculty award program of the Defense Advanced
Research Projects Agency.
SEC. 226. LIMITATION ON CANCELLATION OF DESIGNATION EXECUTIVE AGENT
FOR A CERTAIN DEFENSE PRODUCTION ACT PROGRAM.
(a) Limitation on Cancellation of Designation.--The Secretary of
Defense may not implement the decision, issued on July 1, 2017, to
cancel the designation, under Department of Defense Directive 4400.1E,
entitled ``Defense Production Act Programs'' and dated October 12,
2001, of the currently assigned Department of Defense Executive Agent
for the program carried out under title III of the Defense Production
Act of 1950 (50 U.S.C. 4531 et seq.) until the Secretary has--
(1) completed the review and assessment required by subsection
(b)(1); and
(2) carried out the briefing required by subsection (c).
(b) Review and Assessment Required.--
(1) In general.--The Secretary of Defense, in consultation with
the Secretary of the Air Force, shall conduct a review and
assessment of the program described in subsection (a).
(2) Elements.--The review and assessment required by paragraph
(1) shall include the following:
(A) Assessment of the current management structure for the
program, including analysis of the mechanisms for
accountability, as well as cost and management controls
currently in place.
(B) Analysis of alternatives for proposals to modify that
management structure to increase accountability, cost and
management controls. Such analysis of alternatives should
consider the relative merits of centralization and
decentralization, roles of other military departments in
program management and contracting, as well as the different
roles the Office of the Secretary of Defense might play in
management, oversight and execution.
(C) Recommendations for improving the assessment and
selection of projects in order to--
(i) ensure that projects selected are appropriate for
use of funds appropriated to carry out title III of the
Defense Production Act of 1950;
(ii) ensure that sufficient vetting and management
controls are in place to ensure a reasonable degree of
confidence that project ideas or the companies being
supported will be viable; and
(iii) increase overall successful execution for
selected projects.
(D) Such other matters as the Secretary considers
appropriate.
(c) Briefing Required.--The Secretary shall brief the appropriate
Committees of Congress on the findings of the Secretary with respect to
the review and assessment conducted under subsection (b).
(d) Notification Required.--In the event the Secretary of Defense
decides to cancel the designation, under Department of Defense
Directive 4400.1E, entitled ``Defense Production Act Programs'' and
dated October 12, 2001, of the currently assigned Department of Defense
Executive Agent for the program described in subsection (a), the
Secretary shall submit to the appropriate committees of Congress a
written notification of such decision at least 60 days before the
decision goes into effect.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means the--
(1) the Committee on Armed Services and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Financial Services of the House of Representatives.
Subtitle C--Reports and Other Matters
SEC. 231. COLUMBIA-CLASS PROGRAM ACCOUNTABILITY MATRICES.
(a) Submittal of Matrices.--Concurrent with the President's annual
budget request submitted to Congress under section 1105 of title 31,
United States Code, for fiscal year 2019, the Secretary of the Navy
shall submit to the congressional defense committees and the
Comptroller General of the United States the matrices described in
subsection (b) relating to the Columbia-class program.
(b) Matrices Described.--The matrices described in this subsection
are the following:
(1) Design and construction goals.--A matrix that identifies,
in six-month increments, key milestones, development events, and
specific performance goals for the design and construction of the
Columbia-class program, which shall be subdivided, at a minimum,
according to the following:
(A) Technology-readiness levels of major components and key
demonstration events.
(B) Design maturity.
(C) Manufacturing-readiness levels for critical
manufacturing operations and key demonstration events.
(D) Manufacturing operations.
(E) Reliability.
(2) Cost.--A matrix expressing, in annual increments, the total
cost phased over the entire Columbia-class design and construction
period of--
(A) the Navy service cost position for the prime
contractor's portion of Columbia-class design and construction
activities, including the estimated price at completion for
each submarine and confidence level of this estimate;
(B) the program manager's estimate for the prime
contractor's portion of Columbia-class design and construction
activities, including the estimated price and variance at
completion for each submarine; and
(C) the prime contractor's estimate for the prime
contractor's portion of Columbia-class design and construction
activities, including the estimated price and variance at
completion for each submarine.
(c) Update of Matrices.--
(1) In general.--Not later than 180 days after the date on
which the Secretary of the Navy submits the matrices required by
subsection (a), and concurrent with the submittal of each annual
budget request to Congress under section 1105 of title 31, United
States Code, beginning with the fiscal year 2020 request, the
Secretary of the Navy shall submit to the congressional defense
committees and the Comptroller General of the United States updates
to the matrices described in subsection (b).
(2) Elements.--Each update submitted under paragraph (1) shall
detail progress made toward the goals identified in the matrix
described in subsection (b)(1) and provide updated cost data as
prescribed in subsection (b)(2).
(3) Treatment of initial matrices as baseline.--The matrices
submitted pursuant to subsection (a) shall be treated as the
baseline for the full Columbia-class design and construction period
for purposes of the updates submitted pursuant to paragraph (1) of
this subsection.
(4) Report termination.--The report required under paragraph
(1) shall terminate upon delivery of the first Columbia-class
submarine.
(d) Assessment by Comptroller General of the United States.--Not
later than 90 days after the date on which the Comptroller General of
the United States receives an update to a matrix under subsection
(c)(1), the Comptroller General shall review such matrix and provide to
the congressional defense committees an assessment of such matrix in
whatever form that the Comptroller General deems appropriate.
(e) Repeal of Report Requirement.--Section 131 of the National
Defense Authorization Act for Fiscal Year 2016 (129 Stat. 754; Public
Law 114-92) is hereby repealed.
(f) Major Component Defined.--In this section, the term ``major
component'' includes, at a minimum, the integrated power system,
nuclear reactor, propulsor and related coordinated stern features,
stern area system, and common missile compartment.
SEC. 232. REVIEW OF BARRIERS TO INNOVATION IN RESEARCH AND
ENGINEERING ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) Review.--The Secretary of Defense, acting through the Under
Secretary of Defense for Research and Engineering, shall review
directives, rules, regulations, and other policies that adversely
affect the ability of the innovation, research, and engineering
enterprise of the Department of Defense to effectively and efficiently
execute its missions, including policies and practices concerning the
following:
(1) Personnel and talent management.
(2) Financial management and budgeting.
(3) Infrastructure, installations, and military construction.
(4) Acquisition.
(5) Management.
(6) Such other areas as the Secretary may designate.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on--
(1) the findings of the Secretary with respect to the review
conducted under subsection (a);
(2) proposed changes in directives, rules, regulations, and
other policies that will enhance the ability of the innovation,
research, and engineering enterprise of the Department to executive
its designated missions, including a description of how proposed
changes have been coordinated with other appropriate Secretaries of
the military departments and the appropriate heads of the defense
agencies; and
(3) processes by which new directives, rules, regulations, and
other policies will be reviewed for their potential to adversely
affect the ability of the innovation, research, and engineering
enterprise of the Department and the lead official designated to
execute such review in consultation with other relevant and
appropriate Secretaries of the military departments and heads of
defense agencies.
SEC. 233. PILOT PROGRAM TO IMPROVE INCENTIVES FOR TECHNOLOGY
TRANSFER FROM DEPARTMENT OF DEFENSE LABORATORIES.
(a) In General.--The Secretary of Defense shall establish a pilot
program to assess the feasibility and advisability of distributing
royalties and other payments as described in this section. Under the
pilot program, except as provided in subsections (b) and (d), any
royalties or other payments received by a Federal agency from the
licensing and assignment of inventions under agreements entered into by
Department of Defense laboratories, and from the licensing of
inventions of Department of Defense laboratories, shall be retained by
the laboratory which produced the invention and shall be disposed of as
follows:
(1)(A) The laboratory director shall pay each year the first
$2,000, and thereafter at least 20 percent, of the royalties or
other payments, other than payments of patent costs as delineated
by a license or assignment agreement, to the inventor or
coinventors, if the inventor's or coinventor's rights are directly
assigned to the United States.
(B) A laboratory director may provide appropriate incentives,
from royalties or other payments, to laboratory employees who are
not an inventor of such inventions but who substantially increased
the technical value of the inventions.
(C) The laboratory shall retain the royalties and other
payments received from an invention until the laboratory makes
payments to employees of a laboratory under subparagraph (A) or
(B).
(2) The balance of the royalties or other payments shall be
transferred by the agency to its laboratories, with the majority
share of the royalties or other payments from any invention going
to the laboratory where the invention occurred. The royalties or
other payments so transferred to any laboratory may be used or
obligated by that laboratory during the fiscal year in which they
are received or during the 2 succeeding fiscal years--
(A) to reward scientific, engineering, and technical
employees of the laboratory, including developers of sensitive
or classified technology, regardless of whether the technology
has commercial applications;
(B) to further scientific exchange among the laboratories
of the agency;
(C) for education and training of employees consistent with
the research and development missions and objectives of the
agency or laboratory, and for other activities that increase
the potential for transfer of the technology of the
laboratories of the agency;
(D) for payment of expenses incidental to the
administration and licensing of intellectual property by the
agency or laboratory with respect to inventions made at that
laboratory, including the fees or other costs for the services
of other agencies, persons, or organizations for intellectual
property management and licensing services; or
(E) for scientific research and development consistent with
the research and development missions and objectives of the
laboratory.
(3) All royalties or other payments retained by the laboratory
after payments have been made pursuant to paragraphs (1) and (2)
that are unobligated and unexpended at the end of the second fiscal
year succeeding the fiscal year in which the royalties and other
payments were received shall be paid into the Treasury of the
United States.
(b) Treatment of Payments to Employees.--
(1) In general.--Any payment made to an employee under the
pilot program shall be in addition to the regular pay of the
employee and to any other awards made to the employee, and shall
not affect the entitlement of the employee to any regular pay,
annuity, or award to which the employee is otherwise entitled or
for which the employee is otherwise eligible or limit the amount
thereof. Any payment made to an inventor as such shall continue
after the inventor leaves the laboratory.
(2) Cumulative payments.--(A) Cumulative payments made under
the pilot program while the inventor is still employed at the
laboratory shall not exceed $500,000 per year to any one person,
unless the Secretary concerned (as defined in section 101(a) of
title 10, United States Code) approves a larger award.
(B) Cumulative payments made under the pilot program after the
inventor leaves the laboratory shall not exceed $150,000 per year
to any one person, unless the head of the agency approves a larger
award (with the excess over $150,000 being treated as an agency
award to a former employee under section 4505 of title 5, United
States Code).
(c) Invention Management Services.--Under the pilot program, a
laboratory receiving royalties or other payments as a result of
invention management services performed for another Federal agency or
laboratory under section 207 of title 35, United States Code, may
retain such royalties or payments to the extent required to offset
payments to inventors under subparagraph (A) of subsection (a)(1),
costs and expenses incurred under subparagraph (D) of subsection
(a)(2), and the cost of foreign patenting and maintenance for any
invention of the other agency. All royalties and other payments
remaining after offsetting the payments to inventors, costs, and
expenses described in the preceding sentence shall be transferred to
the agency for which the services were performed, for distribution in
accordance with subsection (a)(2).
(d) Certain Assignments.--Under the pilot program, if the invention
involved was one assigned to the laboratory--
(1) by a contractor, grantee, or participant, or an employee of
a contractor, grantee, or participant, in an agreement or other
arrangement with the agency; or
(2) by an employee of the agency who was not working in the
laboratory at the time the invention was made,
the agency unit that was involved in such assignment shall be
considered to be a laboratory for purposes of this section.
(e) Sunset.--The pilot program under this section shall terminate 5
years after the date of the enactment of this Act.
SEC. 234. COMPETITIVE ACQUISITION PLAN FOR LOW PROBABILITY OF
DETECTION DATA LINK NETWORKS.
(a) Plan Required.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Vice Chairman of the Joint Chiefs of
Staff shall jointly, in consultation with the Secretary of the Navy and
the Secretary of the Air Force, develop a plan to procure a secure, low
probability of detection data link network capability with the ability
to effectively operate in hostile jamming environments while preserving
the low observable characteristics of the relevant platforms, between
existing and planned--
(1) fifth-generation combat aircraft;
(2) fifth-generation and fourth-generation combat aircraft;
(3) fifth-generation and fourth-generation combat aircraft and
appropriate support aircraft and other network nodes for command,
control, communications, intelligence, surveillance, and
reconnaissance purposes; and
(4) fifth-generation and fourth-generation combat aircraft and
their associated network-enabled precision weapons.
(b) Additional Plan Requirements.--The plan required by subsection
(a) shall include--
(1) nonproprietary and open systems approaches compatible with
the Rapid Capabilities Office Open Mission Systems initiative of
the Air Force and the Future Airborne Capability Environment
initiative of the Navy;
(2) a competitive acquisition process, to include comparative
flight demonstrations in realistic airborne environments; and
(3) low risk and affordable solutions with minimal impact or
changes to existing host platforms, and minimal overall integration
costs.
(c) Briefing.--Not later than February 15, 2018, the Under
Secretary and the Vice Chairman shall provide to the congressional
defense committees a potential acquisition strategy and briefing on the
plan developed under subsection (a).
(d) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2018 for operations and
maintenance for the Office of the Secretary of the Air Force and the
Office of the Secretary of the Navy, not more than 85 percent may be
obligated or expended until a period of 15 days has elapsed following
the date on which the Under Secretary and Vice Chairman submits to the
congressional defense committees the plan required by subsection (a).
SEC. 235. CLARIFICATION OF SELECTION DATES FOR PILOT PROGRAM FOR
THE ENHANCEMENT OF THE RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION CENTERS OF THE DEPARTMENT OF DEFENSE.
Section 233 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) is amended--
(1) in subsection (b)(2), by striking ``the enactment of this
Act'' both places it appears and inserting ``such submittal''; and
(2) in subsection (c)(1), by striking ``propose and implement''
and inserting ``submit to the Assistant Secretary concerned a
proposal on, and implement,''.
SEC. 236. REQUIREMENT FOR A PLAN TO BUILD A PROTOTYPE FOR A NEW
GROUND COMBAT VEHICLE FOR THE ARMY.
(a) In General.--Not later than February 1, 2018, the Secretary of
the Army shall submit to the congressional defense committees a plan to
build a prototype for a new ground combat vehicle for the Army.
(b) Contents.--The plan required by subsection (a) shall include
the following:
(1) A description of how the Secretary intends to exploit the
latest enabling component technologies that have the potential to
dramatically change basic combat vehicle design and improve
lethality, protection, mobility, range, and sustainment, including
an analysis of capabilities of the most advanced foreign ground
combat vehicles and whether any have characteristics that should
inform the development of the Army's prototype vehicle, including
whether any United States allies or partners have advanced
capabilities that could be directly incorporated in the prototype.
(2) The schedule, cost, key milestones, and leadership plan to
rapidly design and build the prototype ground combat vehicle.
SEC. 237. PLAN FOR SUCCESSFULLY FIELDING THE INTEGRATED AIR AND
MISSILE DEFENSE BATTLE COMMAND SYSTEM.
(a) Plan Required.--Not later than February 1, 2018, the Secretary
of the Army shall submit to the congressional defense committees a plan
to successfully field a suitable, survivable, and effective Integrated
Air and Missile Defense Battle Command System program.
(b) Limitation.--Not more than 50 percent of the funds authorized
to be appropriated by this Act for research, development, test, and
evaluation may be obligated by the Secretary of the Army for the Army
Integrated Air and Missile Defense and the Integrated Air and Missile
Defense Battle Command System until the date on which the plan is
submitted under subsection (a).
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Siting
Clearinghouse.
Sec. 312. Energy performance goals and master plan.
Sec. 313. Payment to Environmental Protection Agency of stipulated
penalty in connection with Umatilla Chemical Depot, Oregon.
Sec. 314. Payment to Environmental Protection Agency of stipulated
penalty in connection with Longhorn Army Ammunition Plant,
Texas.
Sec. 315. Department of the Army cleanup and removal of petroleum, oil,
and lubricant associated with the Prinz Eugen.
Sec. 316. Centers for Disease Control study on health implications of
per- and polyfluoroalkyl substances contamination in drinking
water.
Sec. 317. Sentinel Landscapes Partnership.
Sec. 318. Report on release of radium or radioactive material into the
groundwater near the industrial reserve plant in Bethpage, New
York.
Subtitle C--Logistics and Sustainment
Sec. 321. Reauthorization of multi-trades demonstration project.
Sec. 322. Increased percentage of sustainment funds authorized for
realignment to restoration and modernization at each
installation.
Sec. 323. Guidance regarding use of organic industrial base.
Subtitle D--Reports
Sec. 331. Quarterly reports on personnel and unit readiness.
Sec. 332. Biennial report on core depot-level maintenance and repair
capability.
Sec. 333. Annual report on personnel, training, and equipment needs of
non-federalized National Guard.
Sec. 334. Annual report on military working dogs used by the Department
of Defense.
Sec. 335. Report on effects of climate change on Department of Defense.
Sec. 336. Report on optimization of training in and management of
special use airspace.
Sec. 337. Plan for modernized, dedicated Department of the Navy
adversary air training enterprise.
Sec. 338. Updated guidance regarding biennial core report.
Subtitle E--Other Matters
Sec. 341. Explosive safety board.
Sec. 342. Servicewomen's commemorative partnerships.
Sec. 343. Limitation on availability of funds for advanced skills
management software system of the Navy.
Sec. 344. Cost-benefit analysis of uniform specifications for Afghan
military or security forces.
Sec. 345. Temporary installation reutilization authority for arsenals,
depots, and plants.
Sec. 346. Comprehensive plan for sharing depot-level maintenance best
practices.
Sec. 347. Pilot program for operation and maintenance budget
presentation.
Sec. 348. Repurposing and reuse of surplus Army firearms.
Sec. 349. Department of the Navy marksmanship awards.
Sec. 350. Civilian training for National Guard pilots and sensor
operator aircrews of MQ-9 unmanned aerial vehicles.
Sec. 351. Training for National Guard personnel on wildfire response.
Sec. 352. Modification of the Second Division Memorial.
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2018
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. MILITARY AVIATION AND INSTALLATION ASSURANCE SITING
CLEARINGHOUSE.
(a) Codification.--Chapter 7 of title 10, United States Code, is
amended by inserting after section 183 the following new section:
``Sec. 183a. Military Aviation and Installation Assurance Clearinghouse
for review of mission obstructions
``(a) Establishment.--(1) The Secretary of Defense shall establish
a Military Aviation and Installation Assurance Siting Clearinghouse (in
this section referred to as the `Clearinghouse').
``(2) The Clearinghouse shall be--
``(A) organized under the authority, direction, and control of
an Assistant Secretary of Defense designated by the Secretary; and
``(B) assigned such personnel and resources as the Secretary
considers appropriate to carry out this section.
``(b) Functions.--(1) The Clearinghouse shall coordinate Department
of Defense review of applications for energy projects filed with the
Secretary of Transportation pursuant to section 44718 of title 49 and
received by the Department of Defense from the Secretary of
Transportation. In performing such coordination, the Clearinghouse
shall provide procedures to ensure affected local military
installations are consulted.
``(2) The Clearinghouse shall accelerate the development of
planning tools necessary to determine the acceptability to the
Department of Defense of proposals included in an application for an
energy project submitted pursuant to such section.
``(3) The Clearinghouse shall perform such other functions as the
Secretary of Defense assigns.
``(c) Review of Proposed Actions.--(1) Not later than 60 days after
receiving from the Secretary of Transportation a proper application for
an energy project under section 44718 of title 49 that may have an
adverse impact on military operations and readiness, the Clearinghouse
shall conduct a preliminary review of such application. The review
shall--
``(A) assess the likely scope, duration, and level of risk of
any adverse impact of such energy project on military operations
and readiness; and
``(B) identify any feasible and affordable actions that could
be taken by the Department, the developer of such energy project,
or others to mitigate the adverse impact and to minimize risks to
national security while allowing the energy project to proceed with
development.
``(2) If the Clearinghouse finds under paragraph (1) that an energy
project will have an adverse impact on military operations and
readiness, the Clearinghouse shall issue to the applicant a notice of
presumed risk that describes the concerns identified by the Department
in the preliminary review and requests a discussion of possible
mitigation actions.
``(3) At the same time that the Clearinghouse issues to the
applicant a notice of presumed risk under paragraph (2), the
Clearinghouse shall provide the same notice to the governor of the
State in which the project is located and request that the governor
provide the Clearinghouse any comments the governor believes of
relevance to the application. The Secretary of Defense shall consider
the comments of the governor in the Secretary's evaluation of whether
the project presents an unacceptable risk to the national security of
the United States and shall include the comments with the finding
provided to the Secretary of Transportation pursuant to section
44718(f) of title 49.
``(4) The Clearinghouse shall develop, in coordination with other
departments and agencies of the Federal Government, an integrated
review process to ensure timely notification and consideration of
energy projects filed with the Secretary of Transportation pursuant to
section 44718 of title 49 that may have an adverse impact on military
operations and readiness.
``(5) The Clearinghouse shall establish procedures for the
Department of Defense for the coordinated consideration of and response
to a request for a review received from another Federal agency, a State
government, an Indian tribal government, a local government, a
landowner, or the developer of an energy project, including guidance to
personnel at each military installation in the United States on how to
initiate such procedures and ensure a coordinated Department response.
``(6) The Clearinghouse shall develop procedures for conducting
early outreach to parties carrying out energy projects that could have
an adverse impact on military operations and readiness and to clearly
communicate to such parties actions being taken by the Department of
Defense under this section. The procedures shall provide for filing by
such parties of a project area and preliminary project layout at least
one year before expected construction of any project proposed within a
military training route or within line-of-sight of any air route
surveillance radar or airport surveillance radar operated or used by
the Department of Defense in order to provide adequate time for
analysis and negotiation of mitigation options. Material marked as
proprietary or competition sensitive by a party filing for this
preliminary review shall be protected from public release by the
Department of Defense.
``(d) Comprehensive Review.--(1) The Secretary of Defense shall
develop a comprehensive strategy for addressing the impacts upon the
military of projects filed with the Secretary of Transportation
pursuant to section 44718 of title 49.
``(2) In developing the strategy required by paragraph (1), the
Secretary shall--
``(A) assess the magnitude of interference posed by projects
filed with the Secretary of Transportation pursuant to section
44718 of title 49;
``(B) solely for the purpose of informing preliminary reviews
under subsection (c)(1) and early outreach efforts under subsection
(c)(5), identify distinct geographic areas selected as proposed
locations for projects filed, or for projects that are reasonably
expected to be filed in the near future, with the Secretary of
Transportation pursuant to section 44718 of title 49 where the
Secretary of Defense can demonstrate such projects could have an
adverse impact on military operations and readiness, including
military training routes, and categorize the risk of adverse impact
in such areas;
``(C) develop procedures for the initial identification of such
geographic areas identified under subparagraph (B), to include a
process to provide notice and seek public comment prior to making a
final designation of the geographic areas, including maps of the
area and the basis for identification;
``(D) develop procedures to periodically review and modify,
consistent with the notice and public comment process under
subparagraph (C), geographic areas identified under subparagraph
(B) and to solicit and identify additional geographic areas as
appropriate;
``(E) at the conclusion of the notice and public comment period
conducted under subparagraph (C), make a final finding on the
designation of a geographic area of concern or delegate the
authority to make such finding to a Deputy Secretary of Defense, an
Under Secretary of Defense, or a Principal Deputy Under Secretary
of Defense; and
``(F) specifically identify feasible and affordable long-term
actions that may be taken to mitigate adverse impacts of projects
filed, or which may be filed in the future, with the Secretary of
Transportation pursuant to section 44718 of title 49, on military
operations and readiness, including--
``(i) investment priorities of the Department of Defense
with respect to research and development;
``(ii) modifications to military operations to accommodate
applications for such projects;
``(iii) recommended upgrades or modifications to existing
systems or procedures by the Department of Defense;
``(iv) acquisition of new systems by the Department and
other departments and agencies of the Federal Government and
timelines for fielding such new systems; and
``(v) modifications to the projects for which such
applications are filed with the Secretary of Transportation
pursuant to section 44718 of title 49, including changes in
size, location, or technology.
``(3) The Clearinghouse shall make access to data reflecting
geographic areas identified under subparagraph (B) of paragraph (2) and
reviewed and modified under subparagraph (C) of such paragraph
available online.
``(e) Department of Defense Finding of Unacceptable Risk.--(1) The
Secretary of Defense may not object to an energy project filed with the
Secretary of Transportation pursuant to section 44718 of title 49,
except in a case in which the Secretary of Defense determines, after
giving full consideration to mitigation actions identified pursuant to
this section, that such project, in isolation or cumulatively with
other projects, would result in an unacceptable risk to the national
security of the United States. The Secretary of Defense's finding of
unacceptable risk to national security shall be transmitted to the
Secretary of Transportation for inclusion in the report required under
section 44718(b)(2) of title 49.
``(2)(A) Not later than 30 days after making a finding of
unacceptable risk under paragraph (1), the Secretary of Defense shall
submit to the congressional defense committees, 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 such finding and the basis for such finding. Such report
shall include an explanation of the operational impact that led to the
finding, a discussion of the mitigation options considered, and an
explanation of why the mitigation options were not feasible or did not
resolve the conflict. The report may include a classified annex.
Unclassified reports shall also be provided to the project proponent.
The Secretary of Defense may provide public notice through the Federal
Register of the finding.
``(B) The Secretary of Defense shall notify the appropriate State
agency of a finding made under paragraph (1).
``(3) The Secretary of Defense may only delegate the responsibility
for making a finding of unacceptable risk under paragraph (1) to the
Deputy Secretary of Defense, an under secretary of defense, or a deputy
under secretary of defense.
``(4) The Clearinghouse shall develop procedures for making a
finding of unacceptable risk, including with respect to how to
implement cumulative effects analysis. Such procedures shall be subject
to public comment prior to finalization.
``(f) Authority to Accept Contributions of Funds.--The Secretary of
Defense is authorized to request and accept a voluntary contribution of
funds from an applicant for a project filed with the Secretary of
Transportation pursuant to section 44718 of title 49. Amounts so
accepted shall remain available until expended for the purpose of
offsetting the cost of measures undertaken by the Secretary of Defense
to mitigate adverse impacts of such a project on military operations
and readiness or to conduct studies of potential measures to mitigate
such impacts.
``(g) Effect of Department of Defense Hazard Assessment.--An action
taken pursuant to this section shall not be considered to be a
substitute for any assessment or determination required of the
Secretary of Transportation under section 44718 of title 49.
``(h) Definitions.--In this section:
``(1) The term `adverse impact on military operations and
readiness' means any adverse impact upon military operations and
readiness, including flight operations, research, development,
testing, and evaluation, and training, that is demonstrable and is
likely to impair or degrade the ability of the armed forces to
perform their warfighting missions.
``(2) The term `energy project' means a project that provides
for the generation or transmission of electrical energy.
``(3) The term `landowner' means a person that owns a fee
interest in real property on which a proposed energy project is
planned to be located.
``(4) The term `military installation' has the meaning given
that term in section 2801(c)(4) of this title.
``(5) The term `military readiness' includes any training or
operation that could be related to combat readiness, including
testing and evaluation activities.
``(6) The term `military training route' means a training route
developed as part of the Military Training Route Program, carried
out jointly by the Federal Aviation Administration and the
Secretary of Defense, for use by the armed forces for the purpose
of conducting low-altitude, high-speed military training.
``(7) The term `unacceptable risk to the national security of
the United States' means the construction, alteration,
establishment, or expansion, or the proposed construction,
alteration, establishment, or expansion, of a structure or sanitary
landfill, that the Secretary of Defense can demonstrate would--
``(A) endanger safety in air commerce directly related to
the activities of the Department of Defense;
``(B) interfere with the efficient use of the navigable
airspace directly related to the activities of the Department
of Defense; or
``(C) significantly impair or degrade the capability of the
Department of Defense to conduct training, research,
development, testing, and evaluation, and operations or to
maintain military readiness.''.
(b) Conforming and Clerical Amendments.--
(1) Repeal of existing provision.--Section 358 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (49
U.S.C. 44718 note) is repealed.
(2) Cross-reference in title 49, united states code.--Section
44718(f) of title 49, United States Code, is amended by inserting
``and in accordance with section 183a(e) of title 10'' after
``conducted under subsection (b)''.
(3) Reference to definitions.--Section 44718(g) of title 49,
United States Code, is amended by striking ``211.3 of title 32,
Code of Federal Regulations, as in effect on January 6, 2014'' both
places it appears and inserting ``183a(g) of title 10''.
(4) Table of sections amendment.--The table of sections at the
beginning of chapter 7 of title 10 is amended by inserting after
the item relating to section 183 the following new item:
``183a. Military Aviation and Installation Assurance Siting
Clearinghouse for review of mission obstructions.''.
(c) Applicability of Existing Rules and Regulations.--
Notwithstanding the amendments made by subsection (a), any rule or
regulation promulgated to carry out section 358 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (49 U.S.C.
44718 note), that is in effect on the day before the date of the
enactment of this Act shall continue in effect and apply to the extent
such rule or regulation is consistent with the authority under section
183a of title 10, United States Code, as added by subsection (a), until
such rule or regulation is otherwise amended or repealed.
(d) Deadline for Initial Identification of Geographic Areas.--The
initial identification of geographic areas under section 183a(d)(2)(B)
of title 10, United States Code, as added by subsection (a), shall be
completed not later than 180 days after the date of the enactment of
this Act.
(e) Conforming Amendment Regarding Critical Military-use Airspace
Areas.--Section 44718 of title 49, United States Code, as amended by
subsection (b)(3), is further amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Special Rule for Identified Geographic Areas.--In the case of
a proposed structure to be located within a geographic area identified
under section 183a(d)(2)(B) of title 10, the Secretary of
Transportation may not issue a determination pursuant to this section
until the Secretary of Defense issues a finding under section 183a(e)
of title 10, the Secretary of Defense advises the Secretary of
Transportation that no finding under section 183a(e) of title 10 will
be forthcoming, or 180 days have lapsed since the project was filed
with the Secretary of Transportation pursuant to this section,
whichever occurs first.''.
SEC. 312. ENERGY PERFORMANCE GOALS AND MASTER PLAN.
Section 2911(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting before the period at the end
the following: ``, the future demand for energy, and the
requirements for the use of energy'';
(2) in paragraph (2), by striking ``reduce the future demand
and the requirements for the use of energy'' and inserting
``enhance energy resilience to ensure the Department of Defense has
the ability to prepare for and recover from energy disruptions that
affect mission assurance on military installations''; and
(3) by adding at the end the following new paragraph:
``(13) Opportunities to leverage financing provided by a non-
Department entity to address installation energy needs.''.
SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTY IN CONNECTION WITH UMATILLA CHEMICAL DEPOT, OREGON.
(a) Authority to Transfer Funds.--
(1) Transfer amount.--The Secretary of the Army may transfer an
amount of not more than $125,000 to the Hazardous Substance
Superfund established under subchapter A of chapter 98 of the
Internal Revenue Code of 1986. Any such transfer shall be made
without regard to section 2215 of title 10, United States Code.
(2) Source of funds.--Any transfer under subsection (a) shall
be made using funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2018 for Base Realignment
and Closure, Army.
(b) Purpose of Transfer.--A transfer under subsection (a) shall be
for the purpose of satisfying a stipulated penalty assessed by the
Environmental Protection Agency in the settlement agreement approved by
the Army on July 14, 2016, against the Umatilla Chemical Depot, Oregon
under the Federal Facility Agreement between the Army and the
Environmental Protection Agency dated September 19, 1989.
(c) Acceptance of Payment.--If the Secretary of the Army makes a
transfer under subsection (a), the Administrator of the Environmental
Protection Agency shall accept the amount transferred as payment in
full of the penalty referred to in subsection (b).
SEC. 314. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTY IN CONNECTION WITH LONGHORN ARMY AMMUNITION PLANT, TEXAS.
(a) Authority to Transfer Funds.--
(1) Transfer amount.--The Secretary of the Army may transfer an
amount of not more than $1,185,000 to the Hazardous Substance
Superfund established under subchapter A of chapter 98 of the
Internal Revenue Code of 1986. Any such transfer shall be made
without regard to section 2215 of title 10, United States Code.
(2) Source of funds.--Any transfer under subsection (a) shall
be made using funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2018 for Environmental
Restoration, Army.
(b) Purpose of Transfer.--A transfer under subsection (a) shall be
for the purpose of satisfying a stipulated penalty assessed by the
Environmental Protection Agency on April 5, 2013, against Longhorn Army
Ammunition Plant, Texas, under the Federal Facility Agreement for
Longhorn Army Ammunition Plant, which was entered into between the Army
and the Environmental Protection Agency in 1991.
(c) Acceptance of Payment.--If the Secretary of the Army makes a
transfer under subsection (a), the Administrator of the Environmental
Protection Agency shall accept the amount transferred as payment in
full of the penalty referred to in subsection (b).
SEC. 315. DEPARTMENT OF THE ARMY CLEANUP AND REMOVAL OF PETROLEUM,
OIL, AND LUBRICANT ASSOCIATED WITH THE PRINZ EUGEN.
(a) Authority.--Amounts authorized to be appropriated for the
Department of the Army may by used for all necessary expenses for the
removal and cleanup of petroleum, oil, and lubricants associated with
the heavy cruiser Prinz Eugen, which was transferred from the United
States to the Republic of the Marshall Islands in 1986.
(b) Certification.--If the Secretary of the Army does not use the
authority provided by subsection (a), the Secretary shall submit a
certification to the congressional defense committees not later than
September 30, 2018, that the petroleum, oil, and lubricants associated
with the heavy cruiser Prinz Eugen do not adversely impact safety or
military operations.
SEC. 316. CENTERS FOR DISEASE CONTROL STUDY ON HEALTH IMPLICATIONS
OF PER- AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING
WATER.
(a) Study on Human Health Implications.--
(1) In general.--The Secretary of Health and Human Services,
acting through the Centers for Disease Control and Prevention and
the Agency for Toxic Substances and Disease Registry, and, as
appropriate, the National Institute of Environmental Health
Sciences, and in consultation with the Department of Defense,
shall--
(A) commence a study on the human health implications of
per- and polyfluoroalkyl substances (PFAS) contamination in
drinking water, ground water, and any other sources of water
and relevant exposure pathways, including the cumulative human
health implications of multiple types of PFAS contamination at
levels above and below health advisory levels;
(B) not later than 5 years after the date of enactment of
this Act (or 7 years after such date of enactment after
providing notice to the appropriate congressional committees of
the need for the delay)--
(i) complete such study and make any appropriate
recommendations; and
(ii) submit a report to the appropriate congressional
committees on the results of such study; and
(C) not later than one year after the date of the enactment
of this Act, and annually thereafter until submission of the
report under subparagraph (B)(ii), submit to the appropriate
congressional committees a report on the progress of the study.
(2) Funding.--Of the amounts authorized to be appropriated by
this Act for the Department of Defense, $7,000,000 shall be
available to carry out the study under this subsection.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Heath, Education, Labor, and Pensions,
the Committee on Environment and Public Works, and the
Committee on Veterans' Affairs of the Senate; and
(C) the Committee on Energy and Commerce and the Committee
on Veterans' Affairs of the House of Representatives.
(b) Exposure Assessment.--
(1) In general.--The Secretary of Health and Human Services,
acting through the Centers for Disease Control and Prevention and
the Agency for Toxic Substances and Disease Registry, and, as
appropriate, the National Institute of Environmental Health
Sciences, and in consultation with the Department of Defense, shall
conduct an exposure assessment of no less than 8 current or former
domestic military installations known to have PFAS contamination in
drinking water, ground water, and any other sources of water and
relevant exposure pathways.
(2) Contents.--The exposure assessment required under this
subsection shall--
(A) include--
(i) for each military installation covered under the
exposure assessment, a statistical sample to be determined
by the Secretary of Health and Human Services in
consultation with the relevant State health departments;
and
(ii) bio-monitoring for assessing the contamination
described in paragraph (1); and
(B) produce findings, which shall be--
(i) used to help design the study described in
subsection (a)(1)(A); and
(ii) released to the appropriate congressional
committees not later than 1 year after the conclusion of
such exposure assessment.
(3) Timing.--The exposure assessment required under this
subsection shall--
(A) begin not later than 180 days after the date of
enactment of this Act; and
(B) conclude not later than 2 years after such date of
enactment.
(c) Coordination With Other Agencies.--The Agency for Toxic
Substance and Disease Registry may, as necessary, use staff and other
resources from other Federal agencies in carrying out the study under
subsection (a) and the assessment under subsection (b).
(d) No Effect on Regulatory Process.--The study and assessment
conducted under this section shall not interfere with any regulatory
processes of the Environmental Protection Agency, including
determinations of maximum contaminant levels.
SEC. 317. SENTINEL LANDSCAPES PARTNERSHIP.
(a) Establishment.--The Secretary of Defense, in coordination with
the Secretary of Agriculture and the Secretary of the Interior, may
establish and carry out a program to preserve sentinel landscapes. The
program shall be known as the ``Sentinel Landscapes Partnership''.
(b) Designation of Sentinel Landscapes.--The Secretary of Defense,
the Secretary of Agriculture, and the Secretary of the Interior, may,
as the Secretaries determine appropriate, collectively designate one or
more sentinel landscapes.
(c) Coordination of Activities.--The Secretaries may coordinate
actions between their departments and with other agencies and private
organizations to more efficiently work together for the mutual benefit
of conservation, working lands, and national defense, and to encourage
private landowners to engage in voluntary land management and
conservation activities that contribute to the sustainment of military
installations, ranges, and airspace.
(d) Priority Consideration.--The Secretary of Agriculture and the
Secretary of the Interior may give to any eligible landowner or
agricultural producer within a designated sentinel landscape priority
consideration for participation in any easement, grant, or assistance
programs administered by that Secretary's department. Participation in
any such program pursuant to this section shall be voluntary.
(e) Definitions.--In this section:
(1) Military installation.--The term ``military installation''
has the same meaning as provided in section 670(1) of title 16,
United States Code.
(2) State-owned national guard installation.--The term ``State-
owned National Guard installation'' has the same meaning as
provided in section 670(3) of title 16, United States Code.
(3) Sentinel landscape.--The term ``sentinel landscape'' means
a landscape-scale area encompassing--
(A) one or more military installations or state-owned
National Guard installations and associated airspace; and
(B) the working or natural lands that serve to protect and
support the rural economy, the natural environment, outdoor
recreation, and the national defense test and training missions
of the military- or State-owned National Guard installation or
installations.
(f) Conforming Amendment.--Section 312(b) of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat.
729; 10 U.S.C. 2684a note) is repealed.
SEC. 318. REPORT ON RELEASE OF RADIUM OR RADIOACTIVE MATERIAL INTO
THE GROUNDWATER NEAR THE INDUSTRIAL RESERVE PLANT IN BETHPAGE,
NEW YORK.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress an addendum to
the report submitted to Congress in June 2017 entitled ``2017 Annual
Report For Groundwater Impacts at Naval Weapons Industrial Reserve
Plant Bethpage, New York'' that would detail any releases by the
Department of Defense of radium or radioactive material into the
groundwater within a 75-mile radius of the industrial reserve plant in
Bethpage, New York.
Subtitle C--Logistics and Sustainment
SEC. 321. REAUTHORIZATION OF MULTI-TRADES DEMONSTRATION PROJECT.
Section 338 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 10 U.S.C. 5013 note), as most recently
amended by section 321 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1694) is amended--
(1) in subsection (d), by striking ``2018'' and inserting
``2023''; and
(2) in subsection (e), by striking ``2019'' and inserting
``2024''.
SEC. 322. INCREASED PERCENTAGE OF SUSTAINMENT FUNDS AUTHORIZED FOR
REALIGNMENT TO RESTORATION AND MODERNIZATION AT EACH
INSTALLATION.
(a) In General.--The Secretary of Defense may authorize an
installation commander to realign up to 7.5 percent of an
installation's sustainment funds to restoration and modernization.
(b) Sunset.--The authority under subsection (a) shall expire at the
close of September 30, 2022.
(c) Definitions.--The terms ``sustainment'', ``restoration'', and
``modernization'' have the meanings given the terms in the Department
of Defense Financial Management Regulation.
SEC. 323. GUIDANCE REGARDING USE OF ORGANIC INDUSTRIAL BASE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Army shall establish clear and prescriptive
guidance on the process for conducting make-or-buy analyses for Army
requirements, including the use of the organic industrial base.
Subtitle D--Reports
SEC. 331. QUARTERLY REPORTS ON PERSONNEL AND UNIT READINESS.
(a) Modification and Improvement.--Section 482 of title 10, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Each report'' and inserting ``The reports
for the first and third quarters of a calendar year''; and
(B) by adding at the end the following new sentence: ``The
reports for the second and fourth quarters of a calendar year
shall contain the information required by subsection (j).'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``and Remedial
Actions'';
(B) in the matter preceding paragraph (1), by striking
``Each report'' and inserting ``A report for the second or
fourth quarter of a calendar year'';
(C) in paragraph (1), by inserting ``and'' after the
semicolon;
(D) by striking paragraph (2); and
(E) by redesignating paragraph (3) as paragraph (2);
(3) in subsection (d)(1), by striking ``Each report'' and
inserting ``A report for the second or fourth quarter of a calendar
year'';
(4) in subsection (e), by striking ``Each report'' and
inserting ``A report for the second or fourth quarter of a calendar
year'';
(5) in subsection (f)(1), by striking ``Each report'' and
inserting ``A report for the second or fourth quarter of a calendar
year'';
(6) in subsection (g)(1), by striking ``Each report'' and
inserting ``A report for the second or fourth quarter of a calendar
year''; and
(7) by adding at the end the following new subsection:
``(j) Remedial Actions.--A report for the first or third quarter of
a calendar year shall include--
``(1) a description of the mitigation plans of the Secretary to
address readiness shortfalls and operational deficiencies
identified in the report submitted for the preceding calendar
quarter; and
``(2) for each such shortfall or deficiency, a timeline for
resolution, the cost necessary for such resolution, the mitigation
strategy the Department will employ until the resolution is in
place, and any legislative remedies required.''.
(b) Conforming Amendments.--Section 117 of title 10, United States
Code, is amended--
(1) in subsection (d)--
(A) in the subsection heading, by striking ``Quarterly''and
inserting ``Semi-annual''; and
(B) in paragraph (1)(A), by striking ``quarterly'' and
inserting ``semi-annual''; and
(2) in subsection (e), by striking ``each quarter'' and
inserting ``semi-annually''.
SEC. 332. BIENNIAL REPORT ON CORE DEPOT-LEVEL MAINTENANCE AND
REPAIR CAPABILITY.
Section 2464(d) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(4) Any workload shortfalls at any work breakdown structure
category designated as a lower-level category pursuant to
Department of Defense Instruction 4151.20, or any successor
instruction.
``(5) A description of any workload executed at a category
designated as a first-level category pursuant to such Instruction,
or any successor instruction, that could be used to mitigate
shortfalls in similar categories.
``(6) A description of any progress made on implementing
mitigation plans developed pursuant to paragraph (3).
``(7) A description of core capability requirements and
corresponding workloads at the first level category.
``(8) In the case of any shortfall that is identified, a
description of the shortfall and an identification of the
subcategory of the work breakdown structure in which the shortfall
occurred.
``(9) In the case of any work breakdown structure category
designated as a special interest item or other pursuant to such
Instruction, or any successor instruction, an explanation for such
designation.
``(10) Whether the core depot-level maintenance and repair
capability requirements described in the report submitted under
this subsection for the preceding fiscal year have been
executed.''.
SEC. 333. ANNUAL REPORT ON PERSONNEL, TRAINING, AND EQUIPMENT NEEDS
OF NON-FEDERALIZED NATIONAL GUARD.
(a) Annual Report Required.--Section 10504 of title 10, United
States Code, as amended by section 1051, is further amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Report'' and
inserting ``Report on State of the National Guard''; and
(B) by striking ``The report'' and inserting the following:
``(2) The annual report required by paragraph (1)''; and
(2) by adding at the end the following new subsection:
``(b) Annual Report on Non-federalized Service National Guard
Personnel, Training, and Equipment Requirements.--(1) Not later than
January 31 of each of calendar years 2018 through 2020, the Chief of
the National Guard Bureau, in coordination with the Secretary of
Defense, shall submit to the recipients described in paragraph (3) a
report that identifies the personnel, training, and equipment required
by the non-Federalized National Guard--
``(A) to support civilian authorities in connection with
natural and man-made disasters during the covered period; and
``(B) to carry out prevention, protection, mitigation,
response, and recovery activities relating to such disasters
during the covered period.
``(2) In preparing each report under paragraph (1), the Chief of
the National Guard Bureau shall--
``(A) consult with the chief executive of each State, the
Council of Governors, and other appropriate civilian authorities;
``(B) collect and validate information from each State relating
to the personnel, training, and equipment requirements described in
paragraph (1);
``(C) set forth separately the personnel, training, and
equipment requirements for--
``(i) each of the emergency support functions of the
National Response Framework; and
``(ii) each of the Federal Emergency Management Agency
regions;
``(D) assess core civilian capability gaps relating to natural
and man-made disasters, as identified by States in submissions to
the Department of Homeland Security;
``(E) take into account threat and hazard identifications and
risk assessments of the Department of Defense, the Department of
Homeland Security, and the States; and
``(F) assess the budgets of each State to support the
personnel, training, and equipment requirements of the non-
Federalized National Guard.
``(3) The annual report required by paragraph (1) shall be
submitted to the following officials:
``(A) The congressional defense committees, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
``(B) The Secretary of Defense.
``(C) The Secretary of Homeland Security.
``(D) The Council of Governors.
``(E) The Secretary of the Army.
``(F) The Secretary of the Air Force.
``(G) The Commander of the United States Northern Command.
``(H) The Commander of the United States Pacific Command.
``(I) The Commander of the United States Cyber Command.
``(4) In this subsection, the term `covered period' means the
fiscal year beginning after the date on which a report is submitted
under paragraph (1).''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended to
read as follows:
``Sec. 10504. Chief of National Guard Bureau: annual reports''.
(2) Table of contents.--The table of sections at the beginning
of chapter 1011 of title 10, United States Code, is amended by
striking the item relating to section 10504 and inserting the
following:
``10504. Chief of National Guard Bureau: annual reports.''.
SEC. 334. ANNUAL REPORT ON MILITARY WORKING DOGS USED BY THE
DEPARTMENT OF DEFENSE.
(a) Capacity.--The Secretary of Defense, acting through the
Executive Agent for Military Working Dogs (hereinafter in this section
referred to as the ``Executive Agent''), shall--
(1) identify the number of military working dogs required to
fulfill the various missions of the Department of Defense for which
such dogs are used, including force protection, facility and check
point security, and explosives and drug detection;
(2) take such steps as are practicable to ensure an adequate
number of military working dog teams are available to meet and
sustain the mission requirements identified in paragraph (1);
(3) ensure that the Department's needs and performance
standards with respect to military working dogs are readily
available to dog breeders and trainers; and
(4) coordinate with other Federal, State, and local agencies,
nonprofit organizations, universities, and private sector entities,
as appropriate, to increase the training capacity for military
working dog teams.
(b) Military Working Dog Procurement.--The Secretary, acting
through the Executive Agent, shall work to ensure that military working
dogs are procured as efficiently as possible and at the best value to
the Government, while maintaining the necessary level of quality and
encouraging increased domestic breeding.
(c) Annual Report.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter until September 30,
2021, the Secretary, acting through the Executive Agent, shall submit
to the congressional defense committees a report on the procurement and
retirement of military working dogs for the fiscal year preceding the
fiscal year during which the report is submitted. Each report under
this subsection shall include the following for the fiscal year covered
by the report:
(1) The number of military working dogs procured, by source, by
each military department or Defense Agency.
(2) The cost of procuring military working dogs incurred by
each military department or Defense Agency.
(3) The number of domestically-bred and sourced military
working dogs procured by each military department or Defense
Agency, including a list of vendors, their location, cost, and the
quantity of dogs procured from each vendor.
(4) The number of non-domestically-bred military working dogs
procured from non-domestic sources by each military department or
Defense Agency, including a list of vendors, their location, cost,
and the quantity of dogs procured from each vendor.
(5) The cost of procuring pre-trained and green dogs for force
protection, facility and checkpoint security, and improvised
explosive device, other explosives, and drug detection.
(6) An analysis of the procurement practices of each military
department or Defense Agency that limit market access for domestic
canine vendors and breeders.
(7) The total cost of procuring domestically-bred military
working dogs versus the total cost of procuring dogs from non-
domestic sources.
(8) The total number of domestically-bred dogs and the number
of dogs from foreign sources procured by each military department
or Defense Agency and the number and percentage of those dogs that
are ultimately deployed for their intended use.
(9) An explanation for any significant difference in the cost
of procuring military working dogs from different sources.
(10) An estimate of the number of military working dogs
expected to retire annually and an identification of the primary
cause of the retirement of such dogs.
(11) An identification of the final disposition of military
working dogs no longer in service.
(d) Military Working Dog Defined.--For purposes of this section,
the term ``military working dog'' means a dog used in any official
military capacity, as defined by the Secretary of Defense.
SEC. 335. REPORT ON EFFECTS OF CLIMATE CHANGE ON DEPARTMENT OF
DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) Secretary of Defense James Mattis has stated: ``It is
appropriate for the Combatant Commands to incorporate drivers of
instability that impact the security environment in their areas
into their planning.''.
(2) Secretary of Defense James Mattis has stated: ``I agree
that the effects of a changing climate -- such as increased
maritime access to the Arctic, rising sea levels, desertification,
among others -- impact our security situation.''.
(3) Chairman of the Joint Chiefs of Staff Joseph Dunford has
stated: ``It's a question, once again, of being forward deployed,
forward engaged, and be in a position to respond to the kinds of
natural disasters that I think we see as a second or third order
effect of climate change.''.
(4) Former Secretary of Defense Robert Gates has stated: ``Over
the next 20 years and more, certain pressures-population, energy,
climate, economic, environmental-could combine with rapid cultural,
social, and technological change to produce new sources of
deprivation, rage, and instability.''.
(5) Former Chief of Staff of the U.S. Army Gordon Sullivan has
stated: ``Climate change is a national security issue. We found
that climate instability will lead to instability in geopolitics
and impact American military operations around the world.''.
(6) The Office of the Director of National Intelligence (ODNI)
has stated: ``Many countries will encounter climate-induced
disruptions--such as weather-related disasters, drought, famine, or
damage to infrastructure--that stress their capacity to respond,
cope with, or adapt. Climate-related impacts will also contribute
to increased migration, which can be particularly disruptive if,
for example, demand for food and shelter outstrips the resources
available to assist those in need.''.
(7) The Government Accountability Office (GAO) has stated:
``DOD links changes in precipitation patterns with potential
climate change impacts such as changes in the number of consecutive
days of high or low precipitation as well as increases in the
extent and duration of droughts, with an associated increase in the
risk of wildfire. . . this may result in mission vulnerabilities
such as reduced live-fire training due to drought and increased
wildfire risk.''.
(8) A three-foot rise in sea levels will threaten the
operations of more than 128 United States military sites, and it is
possible that many of these at-risk bases could be submerged in the
coming years.
(9) As global temperatures rise, droughts and famines can lead
to more failed states, which are breeding grounds of extremist and
terrorist organizations.
(10) In the Marshall Islands, an Air Force radar installation
built on an atoll at a cost of $1,000,000,000 is projected to be
underwater within two decades.
(11) In the western United States, drought has amplified the
threat of wildfires, and floods have damaged roads, runways, and
buildings on military bases.
(12) In the Arctic, the combination of melting sea ice, thawing
permafrost, and sea-level rise is eroding shorelines, which is
damaging radar and communication installations, runways, seawalls,
and training areas.
(13) In the Yukon Training Area, units conducting artillery
training accidentally started a wildfire despite observing the
necessary practices during red flag warning conditions.
(b) Sense of Congress.--It is the sense of Congress that--
(1) climate change is a direct threat to the national security
of the United States and is impacting stability in areas of the
world both where the United States Armed Forces are operating
today, and where strategic implications for future conflict exist;
(2) there are complexities in quantifying the cost of climate
change on mission resiliency, but the Department of Defense must
ensure that it is prepared to conduct operations both today and in
the future and that it is prepared to address the effects of a
changing climate on threat assessments, resources, and readiness;
and
(3) military installations must be able to effectively prepare
to mitigate climate damage in their master planning and
infrastructure planning and design, so that they might best
consider the weather and natural resources most pertinent to them.
(c) Report.--
(1) Report required.--Not later 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 on vulnerabilities to military
installations and combatant commander requirements resulting from
climate change over the next 20 years.
(2) Elements.--The report on vulnerabilities to military
installations and combatant commander requirements required by
paragraph (1) shall include the following:
(A) A list of the ten most vulnerable military
installations within each service based on the effects of
rising sea tides, increased flooding, drought, desertification,
wildfires, thawing permafrost, and any other categories the
Secretary determines necessary.
(B) An overview of mitigations that may be necessary to
ensure the continued operational viability and to increase the
resiliency of the identified vulnerable military installations
and the cost of such mitigations.
(C) A discussion of the climate-change related effects on
the Department, including the increase in the frequency of
humanitarian assistance and disaster relief missions and the
theater campaign plans, contingency plans, and global posture
of the combatant commanders.
(D) An overview of mitigations that may be necessary to
ensure mission resiliency and the cost of such mitigations.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 336. REPORT ON OPTIMIZATION OF TRAINING IN AND MANAGEMENT OF
SPECIAL USE AIRSPACE.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Bases, Ranges, and Airspace
Directorate of the Air Force and the Administrator of the Federal
Aviation Administration shall submit to Congress a report on
optimization of training in and management of special use airspace that
includes the following:
(1) Best practices for the management of special use airspace,
including practices that--
(A) result in cost savings relating to training;
(B) increase training opportunities for airmen;
(C) increase joint use of such airspace;
(D) improve coordination with respect to such airspace
with--
(i) the Federal Aviation Administration;
(ii) Indian tribes;
(iii) airports, civilian aircraft operators, and local
communities; and
(iv) private landowners and other stakeholders; or
(E) improve the coordination of large force exercises,
including the use of waivers or other exceptional measures.
(2) An assessment of whether the capacity of ranges, including
limitations on flight operations, is adequate to meet current and
future training needs.
(3) An assessment of whether the establishment of a dedicated
squadron for the purpose of coordinating the use of a special use
airspace at the installation located in that airspace would improve
the achievement of the objectives described in subparagraphs (A)
through (E) of paragraph (1).
(4) An assessment of the processes in place to consider,
evaluate, and mitigate special use airspace impacts to the public
right of transit through navigable airspace and the safe and
efficient use of the National Airspace System by commercial and
general aviation.
(5) Recommendations for improving the management and
utilization of special use airspace to meet the objectives
described in subparagraphs (A) through (E) of paragraph (1) and to
address any gaps in capacity identified under paragraph (2).
(b) Special Use Airspace Defined.--In this section, the term
``special use airspace'' means special use airspace designated under
part 73 of title 14, Code of Federal Regulations.
SEC. 337. PLAN FOR MODERNIZED, DEDICATED DEPARTMENT OF THE NAVY
ADVERSARY AIR TRAINING ENTERPRISE.
(a) Plan Required.--The Chief of Naval Operations and the
Commandant of the Marine Corps shall develop a plan--
(1) to establish a modernized, dedicated adversary air training
enterprise for the Department of the Navy in order to--
(A) maximize warfighting effectiveness and synergies of the
current and planned fourth and fifth generation combat air
forces through optimized training and readiness; and
(B) harness intelligence analysis, emerging live-virtual-
constructive training technologies, range infrastructure
improvements, and results of experimentation and prototyping
efforts in operational concept development;
(2) to explore all available opportunities to challenge the
combat air forces of the Department of the Navy with threat
representative adversary-to-friendly aircraft ratios, known and
emerging adversary tactics, and high-fidelity replication of threat
airborne and ground capabilities; and
(3) to execute all means available to achieve training and
readiness goals and objectives of the Navy and Marine Corps with
demonstrated institutional commitment to the adversary air training
enterprise through the application of Department of the Navy policy
and resources, partnering with the other Armed Forces, allies, and
friends, and employing the use of industry contracted services.
(b) Plan Elements.--The plan required under subsection (a) shall
include enterprise goals, objectives, concepts of operations, phased
implementation timelines, analysis of expected readiness improvements,
prioritized resource requirements, and such other matters as the Chief
of Naval Operations and Commandant of the Marine Corps consider
appropriate.
(c) Submittal of Plan and Briefing.--Not later than March 1, 2018,
the Chief of Naval Operations and Commandant of the Marine Corps shall
provide to the Committees on Armed Services of the Senate and the House
of Representatives a written plan and briefing on the plan required
under subsection (a).
SEC. 338. UPDATED GUIDANCE REGARDING BIENNIAL CORE REPORT.
To ensure that the biennial core reporting procedures of the
Department of Defense align with the requirements of section 2464 of
title 10, United States Code, and that each reporting agency provides
accurate and complete information, the Secretary of Defense shall
direct the Under Secretary of Defense for Acquisition, Technology and
Logistics to update the Department of Defense Guidance, in particular
Department of Defense Instruction 4151.20, to require future biennial
core reports include instructions to the reporting agencies on how to--
(1) report additional depot workload performed that has not
been identified as a core requirement;
(2) accurately capture inter-service workload;
(3) calculate shortfalls; and
(4) estimate the cost of planned workload.
Subtitle E--Other Matters
SEC. 341. EXPLOSIVE SAFETY BOARD.
(a) Modification and Improvement of Ammunition Storage Board.--
Section 172 of title 10, United States Code, is amended--
(1) by striking ``The Secretaries of the military departments''
and inserting ``(a) In General.--The Secretary of Defense'';
(2) by inserting ``that includes members'' after ``joint
board'';
(3) by striking ``selected by them'' and inserting ``selected
by the Secretaries of the military departments,'';
(4) by inserting ``military'' before ``officers'';
(5) by inserting ``designated as the chair and voting members
of the board for each military department'' after ``officers'';
(6) by inserting ``and other'' before ``civilian officers'';
(7) by striking ``or both'' and inserting ``as necessary'';
(8) by striking ``keep informed on stored'' and inserting
``provide oversight on storage and transportation of''; and
(9) by adding at the end the following new subsection:
``(b) Oversight by Secretaries of the Military Departments.--The
Secretaries of the military departments shall provide research,
development, test, evaluation, and manufacturing oversight for
energetic materials supporting military requirements.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of section 172 of title 10,
United States Code, is amended by striking ``Ammunition storage''
and inserting ``Explosive safety''.
(2) Table of sections.--The table of sections at the beginning
of chapter 7 of such title is amended by striking the item relating
to section 172 and inserting the following new item:
``172. Explosive safety board.''.
SEC. 342. SERVICEWOMEN'S COMMEMORATIVE PARTNERSHIPS.
(a) In General.--The Secretary of Defense may provide not more than
$5,000,000 in financial support for the acquisition, installation, and
maintenance of exhibits, facilities, historical displays, and programs
at military service memorials and museums that highlight the role of
women in the military. The Secretary may enter into a contract,
partnership, or grant with a non-profit organization for the purpose of
performing such acquisition, installation, and maintenance.
(b) Purposes.--The contracts, partnerships, or grants shall be
limited to serving the purposes of--
(1) preserving the history of the 3,000,000 women who have
served in the United States Armed Forces;
(2) managing an archive of artifacts, historic memorabilia, and
documents related to servicewomen;
(3) maintaining a women veterans' oral history program; and
(4) conducting other educational programs related to women in
service.
SEC. 343. LIMITATION ON AVAILABILITY OF FUNDS FOR ADVANCED SKILLS
MANAGEMENT SOFTWARE SYSTEM OF THE NAVY.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2018 for the
Department of Defense may be obligated for the enhancement of the
advanced skills management software system of the Navy until a period
of 60 days has elapsed following the date on which Secretary of the
Navy makes the submission required under subsection (b)(3).
(b) Briefing and Certification.--The Secretary of the Navy shall--
(1) provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on any enhancements
that are needed for the advanced skills management software system
of the Navy;
(2) after providing the briefing under paragraph (1), issue a
request for information for such enhancements in accordance with
part 15.2 of the Federal Acquisition Regulation; and
(3) submit to the Committees on Armed Services of the Senate
and the House of Representatives--
(A) the results of the request for information issued under
paragraph (2); and
(B) a written certification that--
(i) as part of the request for information, the
Secretary solicited information on commercially available
off-the-shelf software solutions that may be used to
enhance the advanced skills management software system of
the Navy; and
(ii) the Secretary has considered using such solutions.
(c) Advanced Skills Management Software System Defined.--In this
section, the term ``advanced skills management software system'' means
a software application designed to--
(1) identify job task requirements for Navy personnel;
(2) assist in determining the proficiencies of such personnel;
(3) document qualifications and certifications of such
personnel; and
(4) track the technical training completed by Navy aviation
maintenance personnel.
SEC. 344. COST-BENEFIT ANALYSIS OF UNIFORM SPECIFICATIONS FOR
AFGHAN MILITARY OR SECURITY FORCES.
Beginning on the date of the enactment of this Act, whenever the
Secretary of Defense enters into a contract for the provision of
uniforms for Afghan military or security forces, the Secretary shall
conduct a cost-benefit analysis of the uniform specification for the
Afghan military or security forces uniform. Such analysis shall
determine--
(1) whether there is a more effective alternative uniform
specification, considering both operational environment and cost,
available to the Afghan military or security forces;
(2) the efficacy of the existing pattern compared to other
alternatives (both proprietary and non-proprietary patterns); and
(3) the costs and feasibility of transitioning the uniforms of
the Afghan military or security forces to a pattern owned by the
United States, using existing excess inventory where available, and
acquiring the rights to the Spec4ce Forest pattern.
SEC. 345. TEMPORARY INSTALLATION REUTILIZATION AUTHORITY FOR
ARSENALS, DEPOTS, AND PLANTS.
(a) Modified Authority.--In the case of a military manufacturing
arsenal, depot, or plant, the Secretary of the Army may authorize up to
10 leases and contracts per fiscal year under section 2667 of title 10,
United States Code, for a term of up to 25 years, notwithstanding
subsection (b)(1) of such section, if the Secretary determines that a
lease or contract of that duration will promote the national defense
for the purpose of--
(1) helping to maintain the viability of the military
manufacturing arsenal, depot, or plant and any military
installations on which it is located;
(2) eliminating, or at least reducing, the cost of Government
ownership of the military manufacturing arsenal, depot, or plant,
including the costs of operations and maintenance, the costs of
environmental remediation, and other costs; and
(3) leveraging private investment at the military manufacturing
arsenal, depot, or plant through long-term facility use contracts,
property management contracts, leases, or other agreements that
support and advance the preceding purposes.
(b) Delegation and Review Process.--
(1) In general.--The Secretary of the Army may delegate the
authority provided by this section to the commander of the major
subordinate command of the Army that has responsibility for the
military manufacturing arsenal, depot, or plant or, if part of a
larger military installation, the installation as a whole. The
commander may approve a lease or contract under such authority on a
case-by-case basis or a class basis.
(2) Notice of approval.--Upon any approval of a lease or
contract by a commander pursuant to a delegation of authority under
paragraph (1), the commander shall notify the Chief of the Army
Corps of Engineers and Congress of the approval.
(3) Review period.--Any lease or contract that is approved
utilizing the delegation authority under paragraph (1) is subject
to a 90-day hold period so that the Chief of the Army Corps of
Engineers may review the lease or contract pursuant to paragraph
(4).
(4) Disposition of review.--If the Chief of the Army Corps of
Engineers disapproves of a contract or lease submitted for review
under paragraph (3), the agreement shall be null and void upon
transmittal by the Chief of the Army Corps of Engineers to the
delegating authority of a written disapproval, including a
justification for such disapproval, within the 90-day hold period.
If no such disapproval is transmitted within the 90-day hold
period, the agreement shall be deemed approved.
(5) Approval of revised agreement.--If, not later than 60 days
after receiving a disapproval under paragraph (4), the delegating
authority submits to the Chief of the Army Corps of Engineers a new
contract or lease that addresses the concerns of the Chief of the
Army Corps of Engineers outlined in such disapproval, the new
contract or lease shall be deemed approved unless the Chief of the
Army Corps of Engineers transmits to the delegating authority a
disapproval of the new contract or lease within 30 days of such
submission.
(c) Military Manufacturing Arsenal, Depot, or Plant Defined.--In
this section, the term ``military manufacturing arsenal, depot, or
plant'' means a Government-owned, Government-operated defense plant of
the Army that manufactures weapons, weapon components, or both.
(d) Sunset.--The authority under this section shall terminate at
the close of September 30, 2020. Any contracts entered into on or
before such date shall continue in effect according to their terms.
SEC. 346. COMPREHENSIVE PLAN FOR SHARING DEPOT-LEVEL MAINTENANCE
BEST PRACTICES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a comprehensive plan for the sharing
of best practices for depot-level maintenance among the military
services.
(b) Elements.--The comprehensive plan required under subsection (a)
shall cover the sharing of best practices with regard to--
(1) programing and scheduling;
(2) core capability requirements;
(3) workload;
(4) personnel management, development, and sustainment;
(5) induction, duration, efficiency, and completion metrics;
(6) parts, supply, tool, and equipment management;
(7) capital investment and manufacturing and production
capability; and
(8) inspection and quality control.
SEC. 347. PILOT PROGRAM FOR OPERATION AND MAINTENANCE BUDGET
PRESENTATION.
(a) In General.--Along with the budget for fiscal years 2019, 2020,
and 2021 submitted by the President pursuant to section 1105(a) of
title 31, United States Code, the Secretary of Defense and the
Secretaries of the military departments shall submit to the Committees
on Armed Services of the Senate and the House of Representatives an
annex for the following Operation and Maintenance sub-activity groups
(SAG):
(1) For the Army:
(A) SAG 111 - Maneuver Units.
(B) SAG 123 - Land Forces Depot Maintenance.
(C) SAG 131 - Base Operations Support.
(D) SAG 322 - Flight Training.
(2) For the Navy:
(A) SAG 1A5A - Aircraft Depot Maintenance.
(B) SAG 1B1B - Mission and Other Ship Operations.
(C) SAG 1B4B - Ship Depot Maintenance.
(D) SAG BSS1 - Base Operating Support.
(3) For the Marine Corps:
(A) SAG 1A1A - Operational Forces.
(B) SAG 1A3A - Depot Maintenance.
(C) SAG 1B1B - Field Logistics.
(D) SAG BSS1 - Base Operating Support.
(4) For the Air Force:
(A) SAG 011A - Primary Combat Forces.
(B) SAG 011Y - Flying Hour Program.
(C) SAG 011Z - Base Support.
(D) SAG 021M - Depot Maintenance.
(b) Elements.--The annex required under subsection (a) shall
include the following elements:
(1) A summary by appropriation account with subtotals for
Department of Defense components.
(2) A summary of each appropriation account by budget activity,
activity group, and sub-activity group with budget activity and
activity group subtotals and an appropriation total.
(3) A detailed sub-activity group by program element and
expense aggregate listing in budget activity and activity group
sequence.
(4) A rollup document by sub-activity group with accompanying
program element funding with the PB-61 program element tags
included.
(5) A summary of each depot maintenance facility with
information on workload, work force, sources of funding, and
expenses similar to the exhibit on Mission Funded Naval Shipyards
included with the 2012 Navy Budget Justification.
(6) A summary of contractor logistics support for each program
element, including a measure of workload and unit cost.
(c) Formatting.--The annex required under subsection (a) shall be
formatted in accordance with relevant Department of Defense financial
management regulations that provide guidance for budget submissions to
Congress.
SEC. 348. REPURPOSING AND REUSE OF SURPLUS ARMY FIREARMS.
(a) Required Transfer.--Not later than 90 days after the date of
the enactment of this Act, and subject to subsection (c), the Secretary
of the Army shall transfer to a suitable organic facility all excess
firearms, related spare parts and components, small arms ammunition,
and ammunition components currently stored at Defense Distribution
Depot, Anniston, Alabama, that are no longer actively issued for
military service and that are otherwise prohibited from commercial
sale, or distribution, under Federal law.
(b) Repurposing and Reuse.--The items specified for transfer under
subsection (a) shall be melted and repurposed for military use as
determined by the Secretary of the Army, including--
(1) the reforging of new firearms or their components; and
(2) force protection barriers and security bollards.
(c) Items Exempt From Transfer.--M-1 Garand, caliber .45 M1911/
M1911A1 pistols, caliber .22 rimfire rifles, and such additional items
as designated by the Secretary in the annual report required under
subsection (d) are not subject to the transfer requirement under
subsection (a).
(d) Annual Report.--Not later than 5 days after the budget of the
President for a fiscal year is submitted to Congress under section 1105
of title 31, United States Code, the Secretary of the Army, in
coordination with the Director of the Defense Logistics Agency, shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report specifying additional excess firearms,
related spare parts and components, small arms ammunition, and
ammunition components designated as no longer actively issued for
military service and that are otherwise prohibited from commercial
sale, or distribution, under Federal law. The Secretary of the Army
shall designate these items to either be added to the transfer list for
the purposes described under subsection (b) or the list of items
exempted under subsection (c). The report may not include the
redesignation or change in status of items previously designated for
transfer or exemption pursuant to subsections (a) or (c).
(e) Actions Pursuant to Annual Report.--The Secretary of the Army
may not take any action to transfer items designated in the report
submitted under subsection (d) until the date of the enactment of the
National Defense Authorization Act for the fiscal year following the
year such report is submitted. Upon enactment of such Act, the
Secretary shall transfer or exempt the items so designated.
SEC. 349. DEPARTMENT OF THE NAVY MARKSMANSHIP AWARDS.
Section 40728 of title 36, United States Code, is amended by adding
at the end the following new subsection:
``(i) Authorized Navy Transfers.--(1) Notwithstanding subsections
(a) and (b), the Secretary of the Navy may transfer to the corporation,
in accordance with the procedures prescribed in this subchapter, M-1
Garand and caliber .22 rimfire rifles held within the inventories of
the United States Navy and the United States Marine Corps and stored at
Defense Distribution Depot, Anniston, Alabama, or Naval Surface Warfare
Center, Crane, Indiana, as of the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2018.
``(2) The items specified for transfer under paragraph (1)--
``(A) shall be used as awards for competitors in marksmanship
competitions held by the United States Marine Corps or the United
States Navy and may not be resold; and
``(B) shall be rendered inoperable prior to award and transfer
to marksmanship competitors.''.
SEC. 350. CIVILIAN TRAINING FOR NATIONAL GUARD PILOTS AND SENSOR
OPERATOR AIRCREWS OF MQ-9 UNMANNED AERIAL VEHICLES.
(a) Contracts for Training.--Subject to subsection (c), the
Secretary of the Air Force may enter into one or more contracts with
appropriate civilian entities in order to provide flying or operating
training for Air National Guard pilots and sensor operator aircrew
members in the MQ-9 unmanned aerial vehicle if the Secretary of the Air
Force determines that--
(1) Air Force training units lack sufficient capacity to train
such pilots or sensor operator aircrew members for initial
qualification in the MQ-9 unmanned aerial vehicle;
(2) pilots or sensor operator aircrew members of Air National
Guard units require continuation training in order to remain
current and qualified in the MQ-9 unmanned aerial vehicle;
(3) non-combat continuation training in the MQ-9 unmanned
aerial vehicle is necessary for such pilots or sensor operator
aircrew members to achieve required levels of flying or operating
proficiency; and
(4) such training for such pilots or sensor operator aircrew
members is necessary in order to meet requirements for the Air
National Guard to provide pilots and sensor operator aircrew
members qualified in the MQ-9 unmanned aerial vehicle for
operations on active duty and in State status.
(b) Nature of Training Under Contracts.--Any training provided
pursuant to a contract under subsection (a) shall incorporate a level
of instruction that is equivalent to the instruction in the MQ-9
unmanned aerial vehicle provided to pilots and sensor operator aircrew
members at Air Force training units, as determined by the Secretary of
the Air Force.
(c) Authority Contingent on Certification and Notice and Wait
Period.--The Secretary of the Air Force may not use the authority in
subsection (a) unless and until the Secretary of the Air Force
certifies to the congressional defense committees in writing, 90 days
in advance of executing such authority provided in subsection (a), that
the use of the authority is necessary to provide required flying or
operating training for Air National Guard pilots and sensor operator
aircrew members in the MQ-9 unmanned aerial vehicle.
SEC. 351. TRAINING FOR NATIONAL GUARD PERSONNEL ON WILDFIRE
RESPONSE.
The Secretary of the Army and the Secretary of the Air Force may,
in consultation with the Chief of the National Guard Bureau, provide
support for training of appropriate personnel of the National Guard on
wildfire response and prevention, with preference given to military
installations with the highest wildfire suppression need.
SEC. 352. MODIFICATION OF THE SECOND DIVISION MEMORIAL.
(a) Authorization.--The Second Indianhead Division Association,
Inc., Scholarship and Memorials Foundation, an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of that Code, may place additional
commemorative elements or engravings on the raised platform or stone
work of the existing Second Division Memorial located in President's
Park, between 17th Street Northwest and Constitution Avenue in the
District of Columbia, to further honor the members of the Second
Infantry Division who have given their lives in service to the United
States.
(b) Application of Commemorative Works Act.--Chapter 89 of title
40, United States Code (commonly known as the ``Commemorative Works
Act''), shall apply to the design and placement of the commemorative
elements or engravings authorized under subsection (a).
(c) Funding.--Federal funds may not be used for modifications of
the Second Division Memorial authorized under subsection (a).
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 2018 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. Number of members of the National Guard on full-time duty in
support of the reserves within the National Guard Bureau.
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, 2018, as follows:
(1) The Army, 483,500.
(2) The Navy, 327,900.
(3) The Marine Corps, 186,000.
(4) The Air Force, 325,100.
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, 483,500.
``(2) For the Navy, 327,900.
``(3) For the Marine Corps, 186,000.
``(4) For the Air Force, 325,100.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2018, as follows:
(1) The Army National Guard of the United States, 343,500.
(2) The Army Reserve, 199,500.
(3) The Navy Reserve, 59,000.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 106,600.
(6) The Air Force Reserve, 69,800.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which are on
active duty (other than for training) at the end of the fiscal
year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent at
the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve of any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2018, 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, 10,101.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 16,260.
(6) The Air Force Reserve, 3,588.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2018 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army National Guard of the United States, 22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 19,135.
(4) For the Air Force Reserve, 8,880.
SEC. 414. FISCAL YEAR 2018 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--The number of non-dual status technicians
employed by the National Guard as of September 30, 2018, may not
exceed the following:
(A) For the Army National Guard of the United States, 0.
(B) For the Air National Guard of the United States, 0.
(2) Army reserve.--The number of non-dual status technicians
employed by the Army Reserve as of September 30, 2018, may not
exceed 0.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September 30,
2018, may not exceed 0.
(b) Non-dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2018, 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. NUMBER OF MEMBERS OF THE NATIONAL GUARD ON FULL-TIME DUTY
IN SUPPORT OF THE RESERVES WITHIN THE NATIONAL GUARD BUREAU.
(a) Army National Guard of the United States.--As of the end of
fiscal year 2019, and as of the end of each fiscal year thereafter, the
number of members of the Army National Guard of the United States
serving with the National Guard Bureau on full-time duty for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components may not exceed the number equal to six
percent of the total number of members of the Army National Guard of
the United States authorized for service on full-time duty for that
purpose in that fiscal year.
(b) Air National Guard of the United States.--As of the end of
fiscal year 2019, and as of the end of each fiscal year thereafter, the
number of members of the Air National Guard of the United States
serving with the National Guard Bureau on full-time duty for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components may not exceed the number equal to six
percent of the total number of members of the Air National Guard of the
United States authorized for service on full-time duty for that purpose
in that fiscal year.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2018 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as
specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2018.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Modification of deadline for submittal by officers of written
communications to promotion selection boards on matters of
importance to their selection.
Sec. 502. Clarification to exception for removal of officers from list
of officers recommended for promotion after 18 months without
appointment.
Sec. 503. Modification of requirement for specification of number of
officers who may be recommended for early retirement by a
Selective Early Retirement Board.
Sec. 504. Extension of service-in-grade waiver authority for voluntary
retirement of certain general and flag officers for purposes
of enhanced flexibility in officer personnel management.
Sec. 505. Inclusion of Principal Military Deputy to the Assistant
Secretary of the Army for Acquisition, Technology, and
Logistics among officers subject to repeal of statutory
specification of general officer grade.
Sec. 506. Clarification of effect of repeal of statutory specification
of general or flag officer grade for various positions in the
Armed Forces.
Sec. 507. Standardization of authorities in connection with repeal of
statutory specification of general officer grade for the Dean
of the Academic Board of the United States Military Academy
and the Dean of the Faculty of the United States Air Force
Academy.
Sec. 508. Flexibility in promotion of officers to positions of Staff
Judge Advocate to the Commandant of the Marine Corps and
Deputy Judge Advocate General of the Navy or Air Force.
Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates
General of the Navy as of repeal of statutory specification of
general and flag officers grades in the Armed Forces.
Subtitle B--Reserve Component Management
Sec. 511. Equal treatment of orders to serve on active duty under
sections 12304a and 12304b of title 10, United States Code.
Sec. 512. Service credit for cyberspace experience or advanced education
upon original appointment as a commissioned officer.
Sec. 513. Consolidation of authorities to order members of the reserve
components of the Armed Forces to perform duty.
Sec. 514. Pilot program on use of retired senior enlisted members of the
Army National Guard as Army National Guard recruiters.
Subtitle C--General Service Authorities
Part I--Matters Relating to Discharge and Correction of Military Records
Sec. 520. Consideration of additional medical evidence by Boards for the
Correction of Military Records and liberal consideration of
evidence relating to post-traumatic stress disorder or
traumatic brain injury.
Sec. 521. Public availability of information related to disposition of
claims regarding discharge or release of members of the Armed
Forces when the claims involve sexual assault.
Sec. 522. Confidential review of characterization of terms of discharge
of members who are victims of sex-related offenses.
Sec. 523. Training requirements for members of boards for the correction
of military records and personnel who investigate claims of
retaliation.
Sec. 524. Pilot program on use of video teleconferencing technology by
boards for the correction of military records and discharge
review boards.
Part II--Other General Service Authorities
Sec. 526. Modification of basis for extension of period for enlistment
in the Armed Forces under the Delayed Entry Program.
Sec. 527. Reauthorization of authority to order retired members to
active duty in high-demand, low-density assignments.
Sec. 528. Notification of members of the Armed Forces undergoing certain
administrative separations of potential eligibility for
veterans benefits.
Sec. 529. Extension of authority of the Secretary of Veterans Affairs to
provide for the conduct of medical disability examinations by
contract physicians.
Sec. 530. Provision of information on naturalization through military
service.
Subtitle D--Military Justice and Other Legal Issues
Sec. 531. Clarifying amendments related to the Uniform Code of Military
Justice reform by the Military Justice Act of 2016.
Sec. 532. Enhancement of effective prosecution and defense in courts-
martial and related matters.
Sec. 533. Punitive article under the Uniform Code of Military Justice on
wrongful broadcast or distribution of intimate visual images
or visual images of sexually explicit conduct.
Sec. 534. Garnishment to satisfy judgment rendered for physically,
sexually, or emotionally abusing a child.
Sec. 535. Sexual assault prevention and response training for all
individuals enlisted in the Armed Forces under a delayed entry
program.
Sec. 536. Special Victims' Counsel training regarding the unique
challenges often faced by male victims of sexual assault.
Sec. 537. Inclusion of information in annual SAPRO reports regarding
military sexual harassment and incidents involving
nonconsensual distribution of private sexual images.
Sec. 538. Inclusion of information in annual SAPRO reports regarding
sexual assaults committed by a member of the Armed Forces
against the member's spouse or other family member.
Subtitle E--Member Education, Training, Resilience, and Transition
Sec. 541. Element in preseparation counseling for members of the Armed
Forces on assistance and support services for caregivers of
certain veterans through the Department of Veterans Affairs.
Sec. 542. Improved employment assistance for members of the Army, Navy,
Air Force, and Marine Corps and veterans.
Sec. 543. Limitation on release of military service academy graduates to
participate in professional athletics.
Sec. 544. Two-year extension of suicide prevention and resilience
program for the National Guard and Reserves.
Sec. 545. Annual certifications related to Ready, Relevant Learning
initiative of the Navy.
Sec. 546. Authority to expand eligibility for the United States Military
Apprenticeship Program.
Sec. 547. Limitation on availability of funds for attendance of Air
Force enlisted personnel at Air Force officer professional
military education in-residence courses.
Sec. 548. Lieutenant Henry Ossian Flipper Leadership Scholarships.
Sec. 549. Pilot programs on appointment in the excepted service in the
Department of Defense of physically disqualified former cadets
and midshipmen.
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
Part I--Defense Dependents' Education Matters
Sec. 551. Assistance to schools with military dependent students.
Sec. 552. Transitions of military dependent students from Department of
Defense dependent schools to other schools and among schools
of local educational agencies.
Sec. 553. Report on educational opportunities in science, technology,
engineering, and mathematics for children who are dependents
of members of the Armed Forces.
Part II--Military Family Readiness Matters
Sec. 555. Codification of authority to conduct family support programs
for immediate family members of members of the Armed Forces
assigned to special operations forces.
Sec. 556. Reimbursement for State licensure and certification costs of a
spouse of a member of the Armed Forces arising from relocation
to another State.
Sec. 557. Temporary extension of extended period of protections for
members of uniformed services relating to mortgages, mortgage
foreclosure, and eviction.
Sec. 558. Enhancing military childcare programs and activities of the
Department of Defense.
Sec. 559. Direct hire authority for Department of Defense for childcare
services providers for Department child development centers.
Sec. 560. Pilot program on public-private partnerships for telework
facilities for military spouses on military installations
outside the United States.
Subtitle G--Decorations and Awards
Sec. 561. Authorization for award of the Medal of Honor to Garlin M.
Conner for acts of valor during World War II.
Sec. 562. Authorization for award of Distinguished-Service Cross to
Specialist Frank M. Crary for acts of valor in Vietnam.
Subtitle H--Miscellaneous Reporting Requirements
Sec. 571. Analysis and report on accompanied and unaccompanied tours of
duty in remote locations with high family support costs.
Sec. 572. Review and reports on policies for regular and reserve officer
career management.
Sec. 573. Review and report on effects of personnel requirements and
limitations on the availability of members of the National
Guard for the performance of funeral honors duty for veterans.
Sec. 574. Review and report on authorities for the employment, use, and
status of National Guard and Reserve technicians.
Sec. 575. Assessment and report on expanding and contracting for
childcare services of the Department of Defense.
Sec. 576. Review and report on compensation provided childcare services
providers of the Department of Defense.
Sec. 577. Comptroller General of the United States assessment and report
on the Office of Complex Investigations within the National
Guard Bureau.
Sec. 578. Modification of submittal date of Comptroller General of the
United States report on integrity of the Department of Defense
whistleblower program.
Subtitle I--Other Matters
Sec. 581. Expansion of United States Air Force Institute of Technology
enrollment authority to include civilian employees of the
homeland security industry.
Sec. 582. Conditional designation of Explosive Ordnance Disposal Corps
as a basic branch of the Army.
Sec. 583. Designation of office within Office of the Secretary of
Defense to oversee use of food assistance programs by members
of the Armed Forces on active duty.
Subtitle A--Officer Personnel Policy
SEC. 501. MODIFICATION OF DEADLINE FOR SUBMITTAL BY OFFICERS OF
WRITTEN COMMUNICATIONS TO PROMOTION SELECTION BOARDS ON MATTERS
OF IMPORTANCE TO THEIR SELECTION.
(a) Officers on Active-duty List.--Section 614(b) of title 10,
United States Code, is amended by striking ``the day'' and inserting
``10 calendar days''.
(b) Officers in Reserve Active-status.--Section 14106 of title 10,
United States Code, is amended in the second sentence by striking ``the
day'' and inserting ``10 calendar days''.
(c) Application of Amendments.--The amendments made by this section
shall apply with respect to promotion selection boards convened on or
after the date of the enactment of this Act.
SEC. 502. CLARIFICATION TO EXCEPTION FOR REMOVAL OF OFFICERS FROM
LIST OF OFFICERS RECOMMENDED FOR PROMOTION AFTER 18 MONTHS
WITHOUT APPOINTMENT.
Section 629(c)(3) of title 10, United States Code, is amended by
striking ``the Senate is not able to obtain the information necessary''
and inserting ``the military department concerned is not able to obtain
and provide to the Senate the information the Senate requires''.
SEC. 503. MODIFICATION OF REQUIREMENT FOR SPECIFICATION OF NUMBER
OF OFFICERS WHO MAY BE RECOMMENDED FOR EARLY RETIREMENT BY A
SELECTIVE EARLY RETIREMENT BOARD.
Section 638a of title 10, United States Code, is amended--
(1) in subsection (c), by striking paragraph (1) and inserting
the following new paragraph:
``(1) In the case of an action under subsection (b)(2), 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 may not be more
than 30 percent of the number of officers considered in each grade in
each competitive category.''; and
(2) in subsection (d), by striking paragraph (2) and inserting
the following new paragraph:
``(2) The total number of officers to be recommended for discharge
by a selection board convened pursuant to subsection (b)(3) may not be
more than 30 percent of the number of officers considered.''.
SEC. 504. EXTENSION OF SERVICE-IN-GRADE WAIVER AUTHORITY FOR
VOLUNTARY RETIREMENT OF CERTAIN GENERAL AND FLAG OFFICERS FOR
PURPOSES OF ENHANCED FLEXIBILITY IN OFFICER PERSONNEL MANAGEMENT.
Section 1370(a)(2)(G) of title 10, United States Code, is amended
by striking ``2017'' and inserting ``2025''.
SEC. 505. INCLUSION OF PRINCIPAL MILITARY DEPUTY TO THE ASSISTANT
SECRETARY OF THE ARMY FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS
AMONG OFFICERS SUBJECT TO REPEAL OF STATUTORY SPECIFICATION OF
GENERAL OFFICER GRADE.
Section 3016(b)(5)(B) of title 10, United States Code, is amended
by striking ``a lieutenant general'' and inserting ``an officer''.
SEC. 506. CLARIFICATION OF EFFECT OF REPEAL OF STATUTORY
SPECIFICATION OF GENERAL OR FLAG OFFICER GRADE FOR VARIOUS
POSITIONS IN THE ARMED FORCES.
(a) Retention of Grade of Incumbents in Positions on Effective
Date.--
(1) In general.--Section 502 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2102) is amended by adding at the end the following new
subsection:
``(tt) Retention of Grade of Incumbents in Positions on Effective
Date.--The grade of service of an officer serving as of the date of the
enactment of this Act in a position whose statutory grade is affected
by an amendment made by this section may not be reduced after that date
by reason of such amendment as long as the officer remains in
continuous service in such position after that date.''.
(2) Retroactive effective date.--The amendment made by
paragraph (1) shall take effect as of December 23, 2016, and be
treated as if included in the enactment of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
(b) Clarifying Amendment to Chief of Veterinary Corps of the Army
Repeal.--Section 3084 of title 10, United States Code, is amended by
striking the last sentence.
SEC. 507. STANDARDIZATION OF AUTHORITIES IN CONNECTION WITH REPEAL
OF STATUTORY SPECIFICATION OF GENERAL OFFICER GRADE FOR THE DEAN
OF THE ACADEMIC BOARD OF THE UNITED STATES MILITARY ACADEMY AND
THE DEAN OF THE FACULTY OF THE UNITED STATES AIR FORCE ACADEMY.
(a) Dean of Academic Board of Military Academy.--Section 4335(c) of
title 10, United States Code, is amended--
(1) by striking the first and third sentences; and
(2) in the remaining sentence, by striking ``so appointed'' and
inserting ``appointed as Dean of the Academic Board''.
(b) Dean of Faculty of Air Force Academy.--Section 9335(b) of title
10, United States Code, is amended by striking ``so appointed'' and
inserting ``appointed as Dean of the Faculty''.
SEC. 508. FLEXIBILITY IN PROMOTION OF OFFICERS TO POSITIONS OF
STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS AND
DEPUTY JUDGE ADVOCATE GENERAL OF THE NAVY OR AIR FORCE.
(a) Staff Judge Advocate to Commandant of the Marine Corps.--
Section 5046(b) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) If the Secretary of the Navy elects to convene a selection
board under section 611(a) of this title to consider eligible officers
for selection to appointment as Staff Judge Advocate, the Secretary
may, in connection with such consideration for selection--
``(A) treat any section in chapter 36 of this title referring
to promotion to the next higher grade as if such section referred
to promotion to a higher grade; and
``(B) waive section 619(a)(2) of this title if the Secretary
determines that the needs of the Marine Corps require the
waiver.''.
(b) Deputy Judge Advocate General of the Navy.--Section 5149(a) of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(3) If the Secretary of the Navy elects to convene a selection
board under section 611(a) of this title to consider eligible officers
for selection to appointment as Deputy Judge Advocate General, the
Secretary may, in connection with such consideration for selection--
``(A) treat any section in chapter 36 of this title referring
to promotion to the next higher grade as if such section referred
to promotion to a higher grade; and
``(B) waive section 619(a)(2) of this title if the Secretary
determines that the needs of the Navy require the waiver.''.
(c) Deputy Judge Advocate of the Air Force.--Section 8037(e) of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(e)''; and
(2) by adding at the end the following new paragraph:
``(2) If the Secretary of the Air Force elects to convene a
selection board under section 611(a) of this title to consider eligible
officers for selection to appointment as Deputy Judge Advocate General,
the Secretary may, in connection with such consideration for
selection--
``(A) treat any section in chapter 36 of this title referring
to promotion to the next higher grade as if such section referred
to promotion to a higher grade; and
``(B) waive section 619(a)(2) of this title if the Secretary
determines that the needs of the Air Force require the waiver.''.
SEC. 509. GRANDFATHERING OF RETIRED GRADE OF ASSISTANT JUDGE
ADVOCATES GENERAL OF THE NAVY AS OF REPEAL OF STATUTORY
SPECIFICATION OF GENERAL AND FLAG OFFICERS GRADES IN THE ARMED
FORCES.
(a) In General.--Notwithstanding the amendments made by section
502(gg)(2) of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 130 Stat. 2105), an officer selected to hold
a position specified in subsection (b) as of December 23, 2016, may be
retired after that date in the grade of rear admiral (lower half) or
brigadier general, as applicable, with the retired pay of such grade
(unless entitled to higher pay under another provision of law).
(b) Specified Positions.--Subsection (a) applies with respect to
the Assistant Judge Advocates General of the Navy provided for by
subsections (b) and (c) of section 5149 of title 10, United States
Code.
Subtitle B--Reserve Component Management
SEC. 511. EQUAL TREATMENT OF ORDERS TO SERVE ON ACTIVE DUTY UNDER
SECTIONS 12304A AND 12304B OF TITLE 10, UNITED STATES CODE.
(a) Eligibility of Reserve Component Members for Pre-mobilization
Health Care.--Section 1074(d)(2) of title 10, United States Code, is
amended by striking ``in support of a contingency operation under'' and
inserting ``under section 12304b of this title or''.
(b) Eligibility of Reserve Component Members for Transitional
Health Care.--Section 1145(a)(2)(B) of title 10, United States Code, is
amended by striking ``in support of a contingency operation'' and
inserting ``under section 12304b of this title or a provision of law
referred to in section 101(a)(13)(B) of this title''.
SEC. 512. SERVICE CREDIT FOR CYBERSPACE EXPERIENCE OR ADVANCED
EDUCATION UPON ORIGINAL APPOINTMENT AS A COMMISSIONED OFFICER.
(a) Original Appointment as a Reserve Officer.--Section 12207 of
title 10, United States Code, is amended--
(1) in subsection (a)(2), by inserting ``or (e)'' after
``subsection (b)'';
(2) by redesignating subsections (e) and (f) as subsections (f)
and (g), respectively;
(3) by inserting after subsection (d) the following new
subsection (e):
``(e)(1) Under regulations prescribed by the Secretary of Defense,
if the Secretary of a military department determines that the number of
commissioned officers with cyberspace-related experience or advanced
education in reserve active-status in an armed force under the
jurisdiction of such Secretary is critically below the number needed,
such Secretary may credit any person receiving an original appointment
as a reserve commissioned officer with a period of constructive service
for the following:
``(A) Special experience or training in a particular
cyberspace-related field if such experience or training is directly
related to the operational needs of the armed force concerned.
``(B) Any period of advanced education in a cyberspace-related
field beyond the baccalaureate degree level if such advanced
education is directly related to the operational needs of the armed
force concerned.
``(2) Constructive service credited an officer under this
subsection shall not exceed one year for each year of special
experience, training, or advanced education, and not more than three
years total constructive service may be credited.
``(3) Constructive service credited an officer under this
subsection is in addition to any service credited that officer under
subsection (a) and shall be credited at the time of the original
appointment of the officer.
``(4) The authority to award constructive service credit under this
subsection expires on December 31, 2023.''; and
(4) in subsection (f), as redesignated by paragraph (2), by
striking ``or (d)'' and inserting ``, (d), or (e)''.
(b) Extension of Authority in Connection With Original Appointment
of Regular Officers.--Section 533(g)(4) of title 10, United States
Code, is amended by striking ``December 31, 2018'' and inserting
``December 31, 2023''.
SEC. 513. CONSOLIDATION OF AUTHORITIES TO ORDER MEMBERS OF THE
RESERVE COMPONENTS OF THE ARMED FORCES TO PERFORM DUTY.
Section 515 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 810) is amended--
(1) in the second sentence of subsection (b), by striking
``such legislation as would be necessary to amend titles 10, 14,
32, and 37 of the United States Code and other provisions of law in
order to implement the Secretary's approach by October 1, 2018''
and inserting ``legislation implementing the alternate approach by
April 30, 2019''; and
(2) by adding at the end the following new subsection:
``(c) Attributes of Alternate Approach.--The Secretary of Defense
shall ensure the alternate approach described in subsection (b)--
``(1) reduces the number of statutory authorities by which
members of the reserve components of the Armed Forces may be
ordered to perform duty to not more than 8 statutory authorities
grouped into 4 duty categories to which specific pay and benefits
may be aligned, which categories shall include--
``(A) one duty category that shall generally reflect active
service performed in support of contingency type operations or
other military actions in support of the commander of a
combatant command;
``(B) a second duty category that shall--
``(i) generally reflect active service not described in
subparagraph (A); and
``(ii) consist of training, administration, operational
support, and full-time support of the reserve components;
``(C) a third duty category that shall--
``(i) generally reflect duty performed under direct
military supervision while not in active service; and
``(ii) include duty characterized by partial-day
service; and
``(D) a fourth duty category that shall--
``(i) generally reflect remote duty completed while not
under direct military supervision; and
``(ii) include completion of correspondence courses and
telework;
``(2) distinguishes among duty performed under titles 10, 14,
and 32, United States Code, and ensures that the reasons the
members of the reserve components are utilized under the statutory
authorities which exist prior to the alternate approach are
preserved and can be tracked as separate and distinct purposes;
``(3) minimizes, to the maximum extent practicable, disruptions
in pay and benefits for members, and adheres to the principle that
a member should receive pay and benefits commensurate with the
nature and performance of the member's duties;
``(4) ensures the Secretary has the flexibility to meet
emerging requirements and to effectively manage the force; and
``(5) aligns Department of Defense programming and budgeting to
the types of duty members perform.''.
SEC. 514. PILOT PROGRAM ON USE OF RETIRED SENIOR ENLISTED MEMBERS
OF THE ARMY NATIONAL GUARD AS ARMY NATIONAL GUARD RECRUITERS.
(a) Pilot Program Authorized.--The Secretary of the Army may carry
out a pilot program for the Army National Guard under which retired
senior enlisted members of the Army National Guard would serve as
contract recruiters for the Army National Guard.
(b) Objectives of Pilot Program.--The Secretary of the Army shall
design any pilot program conducted under this section to determine the
following:
(1) The feasibility and effectiveness of hiring retired senior
enlisted members of the Army National Guard who have retired within
the previous two years to serve as recruiters.
(2) The merits of hiring such retired senior enlisted members
as contractors or as employees of the Department of Defense.
(3) The best method of providing a competitive compensation
package for such retired senior enlisted members.
(4) The merits of requiring such retired senior enlisted
members to wear a military uniform while performing recruiting
duties under the pilot program.
(c) Consultation.--In developing a pilot program under this
section, the Secretary of the Army shall consult with the operators of
a previous pilot program carried out by the Army involving the use of
contract recruiters.
(d) Commencement and Duration.--The Secretary of the Army may
commence a pilot program under this section on or after January 1,
2018, and all activities under such a pilot program shall terminate no
later than December 31, 2020.
(e) Funding Source.--If a pilot program is conducted under this
section, the Secretary of the Army shall use funds otherwise available
for the National Guard Bureau to carry out the program.
(f) Reporting Requirement.--If a pilot program is conducted under
this section, the Secretary of the Army shall submit to the Committees
on Armed Services of the House of Representatives and the Senate a
report containing an evaluation of the success of the pilot program,
including the determinations described in subsection (b). The report
shall be submitted not later than January 1, 2019.
Subtitle C--General Service Authorities
PART I--MATTERS RELATING TO DISCHARGE AND CORRECTION OF MILITARY
RECORDS
SEC. 520. CONSIDERATION OF ADDITIONAL MEDICAL EVIDENCE BY BOARDS
FOR THE CORRECTION OF MILITARY RECORDS AND LIBERAL CONSIDERATION
OF EVIDENCE RELATING TO POST-TRAUMATIC STRESS DISORDER OR
TRAUMATIC BRAIN INJURY.
(a) In General.--Section 1552 of title 10, United States Code, is
amended--
(1) by redesignating subsections (h) and (i) as subsections (i)
and (j), respectively; and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h)(1) This subsection applies to a former member of the armed
forces whose claim under this section for review of a discharge or
dismissal 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, and whose
post-traumatic stress disorder or traumatic brain injury is related to
combat or military sexual trauma, as determined by the Secretary
concerned.
``(2) In the case of a claimant described in paragraph (1), a board
established under subsection (a)(1) shall--
``(A) review medical evidence of the Secretary of Veterans
Affairs or a civilian health care provider that is presented by the
claimant; and
``(B) review the claim with liberal consideration to the
claimant that post-traumatic stress disorder or traumatic brain
injury potentially contributed to the circumstances resulting in
the discharge or dismissal or to the original characterization of
the claimant's discharge or dismissal.''.
(b) Conforming Amendment.--Section 1553(d)(3)(A)(ii) of title 10,
United States Code, is amended by striking ``discharge of a lesser
characterization'' and inserting ``discharge or dismissal or to the
original characterization of the member's discharge or dismissal''.
SEC. 521. PUBLIC AVAILABILITY OF INFORMATION RELATED TO DISPOSITION
OF CLAIMS REGARDING DISCHARGE OR RELEASE OF MEMBERS OF THE ARMED
FORCES WHEN THE CLAIMS INVOLVE SEXUAL ASSAULT.
(a) Boards for the Correction of Military Records.--Subsection (i)
of section 1552 of title 10, United States Code, as redesignated by
section 520(a)(1), is amended by adding at the end the following new
paragraph:
``(4) The number and disposition of claims decided during the
calendar quarter preceding the calendar quarter in which such
information is made available in which sexual assault is alleged to
have contributed, whether in whole or in part, to the original
characterization of the discharge or release of the former
member.''.
(b) Discharge Review Boards.--Section 1553(f) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(4) The number and disposition of claims decided during the
calendar quarter preceding the calendar quarter in which such
information is made available in which sexual assault is alleged to
have contributed, whether in whole or in part, to the original
characterization of the discharge or release of the former
member.''.
(c) Conforming Amendments.--
(1) Boards for the correction of military records.--Subsection
(i) of section 1552 of title 10, United States Code, as
redesignated by section 520(a)(1) and amended by subsection (a), is
further amended--
(A) in paragraph (1), by striking ``claimant'' both places
it appears and inserting ``former member'';
(B) in paragraph (2), by striking ``claimant'' and
inserting ``former member''; and
(C) in paragraph (3), by striking ``claimants'' and
inserting ``former members''.
(2) Discharge review boards.--Section 1553(f)(2) of title 10,
United States Code, is amended by striking ``claimant'' and
inserting ``former member''.
SEC. 522. CONFIDENTIAL REVIEW OF CHARACTERIZATION OF TERMS OF
DISCHARGE OF MEMBERS WHO ARE VICTIMS OF SEX-RELATED OFFENSES.
(a) Codification of Current Confidential Process.--
(1) Codification.--Chapter 79 of title 10, United States Code,
is amended by inserting after section 1554a a new section 1554b
consisting of--
(A) a heading as follows:
``Sec. 1554b. Confidential review of characterization of terms of
discharge of members of the armed forces who are victims of sex-
related offenses''; and
(B) a text consisting of the text of section 547 of the
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 10 U.S.C. 1553 note).
(2) Clerical amendment.--The table of sections at the beginning
of chapter 79 of such title is amended by inserting after the item
relating to section 1554a the following new item:
``1554b. Confidential review of characterization of terms of discharge
of members of the armed forces who are victims of sex-related
offenses.''.
(3) Conforming repeal.--Section 547 of the National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 10
U.S.C. 1553 note) is repealed.
(b) Clarification of Applicability to Individuals Who Allege Sex-
related Offenses During Military Service.--Subsection (a) of section
1554b of title 10, United States Code, as added by subsection (a) of
this section, is amended by striking ``sex-related offense'' and
inserting the following: ``sex-related offense, or alleges that the
individual was the victim of a sex-related offense,''.
(c) Conforming Amendments.--Section 1554b of title 10, United
States Code, as added by subsection (a), is further amended--
(1) by striking ``Armed Forces'' each place it appears in
subsections (a) and (b) and inserting ``armed forces'';
(2) in subsection (a)--
(A) by striking ``boards for the correction of military
records of the military department concerned'' and inserting
``boards of the military department concerned established in
accordance with this chapter''; and
(B) by striking ``such an offense'' and inserting ``a sex-
related offense'';
(3) in subsection (b), striking ``boards for the correction of
military records'' in the matter preceding paragraph (1) and
inserting ``boards of the military department concerned established
in accordance with this chapter''; and
(4) in subsection (d)--
(B) in paragraph (1), by striking ``title 10, United States
Code'' and inserting ``this title''; and
(C) in paragraphs (2) and (3), by striking ``such title''
and inserting ``this title''.
SEC. 523. TRAINING REQUIREMENTS FOR MEMBERS OF BOARDS FOR THE
CORRECTION OF MILITARY RECORDS AND PERSONNEL WHO INVESTIGATE
CLAIMS OF RETALIATION.
(a) Members of Boards for the Correction of Military Records.--
Section 534(c)(1) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 1552 note) is amended by
adding at the end the following new sentence: ``This curriculum shall
also address the proper handling of claims in which a sex-related
offense is alleged to have contributed to the original characterization
of the discharge or release of the claimant, including guidelines for
the consideration of evidence substantiating such allegations in
accordance with the requirements of section 1554b(b) of title 10,
United States Code, as added by section 522 of the National Defense
Authorization Act for Fiscal Year 2018.''.
(b) Department of Defense Personnel Who Investigate Claims of
Retaliation.--Section 546(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) is amended by striking
``section.'' and inserting ``section, including guidelines for the
consideration of evidence substantiating such allegations in accordance
with the requirements of section 1554b(b) of title 10, United States
Code, as added by section 522 of the National Defense Authorization Act
for Fiscal Year 2018.''.
SEC. 524. PILOT PROGRAM ON USE OF VIDEO TELECONFERENCING TECHNOLOGY
BY BOARDS FOR THE CORRECTION OF MILITARY RECORDS AND DISCHARGE
REVIEW BOARDS.
(a) Pilot Program Authorized.--The Secretary of Defense may carry
out a pilot program under which boards for the correction of military
records established under section 1552 of title 10, United States Code,
and discharge review boards established under section 1553 of such
title are authorized to utilize, in the performance of their duties,
video teleconferencing technology, to the extent such technology is
reasonably available and technically feasible.
(b) Purpose.--The purpose of the pilot program is to evaluate the
feasibility and cost-effectiveness of utilizing video teleconferencing
technology to allow persons who raise a claim before a board for the
correction of military records, persons who request a review by a
discharge review board, and witnesses who present evidence to such a
board to appear before such a board without being physically present.
(c) Implementation.--As part of the pilot program, the Secretary of
Defense shall make funds available to develop the capabilities of
boards for the correction of military records and discharge review
boards to effectively use video teleconferencing technology.
(d) No Expansion of Eligibility.--Nothing in the pilot program is
intended to alter the eligibility criteria of persons who may raise a
claim before a board for the correction of military records, request a
review by a discharge review board, or present evidence to such a
board.
(e) Termination.--The authority of the Secretary of Defense to
carry out the pilot program shall terminate on December 31, 2020.
PART II--OTHER GENERAL SERVICE AUTHORITIES
SEC. 526. MODIFICATION OF BASIS FOR EXTENSION OF PERIOD FOR
ENLISTMENT IN THE ARMED FORCES UNDER THE DELAYED ENTRY PROGRAM.
Section 513(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (4) and, in
such paragraph, by striking ``paragraph (1)'' and inserting ``this
subsection'';
(2) by designating the second sentence of paragraph (1) as
paragraph (2) and indenting the left margin of such paragraph (2)
two ems to the right;
(3) in paragraph (2), as so designated, by inserting
``described in paragraph (1)'' after ``the 365-day period''; and
(4) by inserting after paragraph (2), as so designated, the
following new paragraph (3):
``(3)(A) The Secretary concerned may extend by up to an additional
365 days the period of extension under paragraph (2) for a person who
enlisted before October 1, 2017, under section 504(b)(2) of this title
if the Secretary determines that the period of extension under this
paragraph is required for the performance of adequate background and
security reviews of that person.
``(B) A person whose period of extension under paragraph (2) is
extended under this paragraph shall undergo all security and
suitability screening requirements and receive a favorable military
security suitability determination before entering into service in a
regular or reserve component. Screening priority shall be given to
those persons who were enlisted for a military occupational specialty
that requires specialized language or medical skills that are vital to
the national interest.
``(C) The authority to make an extension under this paragraph shall
expire one year after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2018. The expiration of such
authority shall not effect the validity of any extension made in
accordance with this paragraph on or before that date.''.
SEC. 527. REAUTHORIZATION OF AUTHORITY TO ORDER RETIRED MEMBERS TO
ACTIVE DUTY IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS.
Section 688a(f) of title 10, United States Code, is amended by
striking ``after December 31, 2011.'' and inserting ``outside a period
as follows:
``(1) The period beginning on December 2, 2002, and ending on
December 31, 2011.
``(2) The period beginning on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2018 and ending
on December 31, 2022.''.
SEC. 528. NOTIFICATION OF MEMBERS OF THE ARMED FORCES UNDERGOING
CERTAIN ADMINISTRATIVE SEPARATIONS OF POTENTIAL ELIGIBILITY FOR
VETERANS BENEFITS.
(a) Notification Required.--A member of the Armed Forces who
receives an administrative separation or mandatory discharge under
conditions other than honorable shall be provided written notification
that the member may petition the Veterans Benefits Administration of
the Department of Veterans Affairs to receive, despite the
characterization of the member's service, certain benefits under the
laws administered by the Secretary of Veterans Affairs.
(b) Deadline for Notification.--Notification under subsection (a)
shall be provided to a member described in such subsection in
conjunction with the member's notification of the administrative
separation or mandatory discharge or as soon thereafter as practicable.
SEC. 529. EXTENSION OF AUTHORITY OF THE SECRETARY OF VETERANS
AFFAIRS TO PROVIDE FOR THE CONDUCT OF MEDICAL DISABILITY
EXAMINATIONS BY CONTRACT PHYSICIANS.
Section 704(c) of the Veterans Benefits Act of 2003 (Public Law
108-183; 38 U.S.C. 5101 note) is amended by striking ``December 31,
2017'' and inserting ``December 31, 2018''.
SEC. 530. PROVISION OF INFORMATION ON NATURALIZATION THROUGH
MILITARY SERVICE.
The Secretary of Defense shall ensure that members of the Army,
Navy, Air Force, and Marine Corps who are aliens lawfully admitted to
the United States for permanent residence are informed of the
availability of naturalization through service in the Armed Forces
under section 328 of the Immigration and Nationality Act (8 U.S.C.
1439) and the process by which to pursue naturalization. The Secretary
shall ensure that resources are available to assist qualified members
of the Armed Forces to navigate the application and naturalization
process.
Subtitle D--Military Justice and Other Legal Issues
SEC. 531. CLARIFYING AMENDMENTS RELATED TO THE UNIFORM CODE OF
MILITARY JUSTICE REFORM BY THE MILITARY JUSTICE ACT OF 2016.
(a) Enforcement of Rights of Victims of Offenses Under UCMJ.--
Section 806b(e)(3) of title 10, United States Code (article 6b(e)(3) of
the Uniform Code of Military Justice), is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``President, and, to the extent practicable,
shall have priority over all other proceedings before the court.''
and inserting the following; ``President, subject to section 830a
of this title (article 30a).''; and
(3) by adding at the end the following new subparagraphs:
``(B) To the extent practicable, a petition for a writ of mandamus
described in this subsection shall have priority over all other
proceedings before the Court of Criminal Appeals.
``(C) Review of any decision of the Court of Criminal Appeals on a
petition for a writ of mandamus described in this subsection shall have
priority in the Court of Appeals for the Armed Forces, as determined
under the rules of the Court of Appeals for the Armed Forces.''.
(b) Review of Certain Matters Before Referral of Charges and
Specifications.--Subsection (a)(1) of section 830a of title 10, United
States Code (article 30a of the Uniform Code of Military Justice), as
added by section 5202 of the Military Justice Act of 2016 (division E
of Public Law 114-328; 130 Stat. 2904), is amended--
(1) in the matter preceding subparagraph (A), by inserting ``,
or otherwise act on,'' after ``to review''; and
(2) by adding at the end the following new subparagraph:
``(D) Pre-referral matters under subsection (c) or (e) of
section 806b of this title (article 6b).''.
(c) Defense Counsel Assistance in Post-trial Matters for Accused
Convicted by Court-martial.--Section 838(c)(2) of title 10, United
States Code (article 38(c)(2) of the Uniform Code of Military Justice),
is amended by striking ``section 860 of this title (article 60)'' and
inserting ``section 860, 860a, or 860b of this title (article 60, 60a,
or 60b)''.
(d) Limitation on Acceptance of Plea Agreements.--Section 853a of
title 10, United States Code (article 53a of the Uniform Code of
Military Justice), as added by section 5237 of the Military Justice Act
of 2016 (division E of Public Law 114-328; 130 Stat. 2917), is
amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``or'' after the
semicolon;
(B) in paragraph (3), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following new paragraphs:
``(4) is prohibited by law; or
``(5) is contrary to, or is inconsistent with, a regulation
prescribed by the President with respect to terms, conditions, or
other aspects of plea agreements.''; and
(2) in subsection (d), by striking ``shall bind the parties and
the military judge'' and inserting ``shall bind the parties and the
court-martial''.
(e) Applicability of Standards and Procedures to Sentence Appeal by
the United States.--Subsection (d)(1) of section 856 of title 10,
United States Code (article 56 of the Uniform Code of Military
Justice), as added by section 5301 of the Military Justice Act of 2016
(division E of Public Law 114-328; 130 Stat. 2919), is amended--
(1) in the matter preceding subparagraph (A), by inserting
after ``concerned,'' the following: ``and consistent with standards
and procedures set forth in regulations prescribed by the
President,''; and
(2) in subparagraph (B), by inserting before the period at the
end the following: ``, as determined in accordance with standards
and procedures prescribed by the President''.
(f) Sentence of Reduction in Enlisted Grade.--
(1) In general.--Subsection (a) of section 858a of title 10,
United States Code (article 58a of the Uniform Code of Military
Justice), as amended by section 5303(1) of the Military Justice Act
of 2016 (division E of Public Law 114-328; 130 Stat. 2923), is
further amended in the matter after paragraph (3) by striking ``,
effective on the date'' and inserting the following: ``, if such a
reduction is authorized by regulation prescribed by the President.
The reduction in pay grade shall take effect on the date''.
(2) Section heading.--The heading of section 858a of title 10,
United States Code (article 58a of the Uniform Code of Military
Justice), is amended to read as follows:
``Sec. 858a. Art. 58a. Sentences: reduction in enlisted grade''.
(3) Clerical amendment.--The table of sections at the beginning
of subchapter VIII of chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), is amended by striking the
item relating to section 858a (article 58a) and inserting the
following new item:
``858a. 58a. Sentences: reduction in enlisted grade.''.
(g) Convening Authority Authorities.--Section 858b(b) of title 10,
United States Code (article 58b(b) of the Uniform Code of Military
Justice), is amended in the first sentence by striking ``section 860 of
this title (article 60)'' and inserting ``section 860a or 860b of this
title (article 60a or 60b)''.
(h) Appeal by the United States.--Section 862(b) of title 10,
United States Code (article 62(b) of the Uniform Code of Military
Justice), is amended by striking ``, notwithstanding section 866(c) of
this title (article 66(c))''.
(i) Rehearing and Sentencing.--Subsection (b) of section 863 of
title 10, United States Code (article 63 of the Uniform Code of
Military Justice), as added by section 5327 of the Military Justice Act
of 2016 (division E of Public Law 114-328; 130 Stat. 2929), is amended
by inserting before the period at the end the following: ``, subject to
such limitations as the President may prescribe by regulation''.
(j) Courts of Criminal Appeals.--Section 866 of title 10, United
States Code (article 66 of the Uniform Code of Military Justice), as
amended by section 5330 of the Military Justice Act of 2016 (division E
of Public Law 114-328; 130 Stat. 2932), is further amended--
(1) in subsection (e)(2)(C), by inserting after ``required''
the following: ``by regulation prescribed by the President or'';
and
(2) in subsection (f)(3)--
(A) by inserting ``of Criminal Appeals'' after ``Court''
the first time it appears; and
(B) by adding at the end the following new sentence: ``If
the Court of Appeals for the Armed Forces determines that
additional proceedings are warranted, the Court of Criminal
Appeals shall order a hearing or other proceeding in accordance
with the direction of the Court of Appeals for the Armed
Forces.''.
(k) Military Justice Review Panel.--Subsection (f) of section 946
of title 10, United States Code (article 146 of the Uniform Code of
Military Justice), as added by section 5521 of the Military Justice Act
of 2016 (division E of Public Law 114-328; 130 Stat. 2962), is
amended--
(1) in paragraph (1), by striking ``fiscal year 2020'' in the
first sentence and inserting ``fiscal year 2021'';
(2) in paragraph (2), by striking the sentence beginning ``Not
later than'' and inserting the following new sentence: ``The
analysis under this paragraph shall be included in the assessment
required by paragraph (1).''; and
(3) by striking paragraph (5) and inserting the following new
paragraph (5):
``(5) Reports.--With respect to each review and assessment
under this subsection, the Panel shall submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives. Each report--
``(A) shall set forth the results of the review and
assessment concerned, including the findings and
recommendations of the Panel; and
``(B) shall be submitted not later than December 31 of the
calendar year in which the review and assessment is
concluded.''.
(l) Transitional Compensation for Dependents of Members Separated
for Dependent Abuse.--Section 1059(e) of title 10, United States Code,
is amended--
(1) in paragraph (1)(A)(ii), by striking ``the approval of''
and all that follows through ``as approved,'' and inserting ``entry
of judgment under section 860c of this title (article 60c of the
Uniform Code of Military Justice) if the sentence''; and
(2) in paragraph (3)(A), by striking ``by a court-martial'' the
second place it appears and all that follows through ``include any
such punishment,'' and inserting ``for a dependent-abuse offense
and the conviction is disapproved or is otherwise not part of the
judgment under section 860c of this title (article 60c of the
Uniform Code of Military Justice) or the punishment is disapproved
or is otherwise not part of the judgment under such section
(article),''.
(m) Benefits for Dependents Who Are Victims of Abuse by Members
Losing Right to Retired Pay.--Section 1408(h)(10)(A) of title 10,
United States Code, is amended by striking ``the approval'' and all
that follows through the end of the subparagraph and inserting ``entry
of judgment under section 860c of this title (article 60c of the
Uniform Code of Military Justice).''.
(n) Treatment of Certain Offenses Pending Execution of Military
Justice Act of 2016 Amendments.--
(1) Applicability to certain cases.--Section 5542(c)(1) of the
Military Justice Act of 2016 (division E of Public Law 114-328; 130
Stat. 2967) is amended by inserting after ``shall apply to a case
in which'' the following: ``a specification alleges the commission,
before the effective date of such amendments, of one or more
offenses or to a case in which''.
(2) Child abuse offenses.--With respect to offenses committed
before the date designated by the President under section 5542(a)
of the Military Justice Act of 2016 (division E of Public Law 114-
328; 130 Stat. 2967), subsection (b)(2)(B) of section 843 of title
10, United States Code (article 43 of the Uniform Code of Military
Justice), shall be applied as in effect on December 22, 2016.
(3) Fraudulent enlistment or appointment offenses.--With
respect to the period beginning on December 23, 2016, and ending on
the day before the date designated by the President under section
5542(a) of the Military Justice Act of 2016 (division E of Public
Law 114-328; 130 Stat. 2967), in the application of subsection (h)
of section 843 of title 10, United States Code (article 43 of the
Uniform Code of Military Justice), as added by section 5225(b) of
that Act (130 Stat. 2909), the reference in such subsection (h) to
section 904a(1) of title 10, United States Code (article 104a(1) of
the Uniform Code of Military Justice), shall be deemed to be a
reference to section 883(1) of title 10, United States Code
(article 83(1) of the Uniform Code of Military Justice).
(o) Sentencing in Certain Transitional Cases.--
(1) In general.--In any transition-period court-martial, the
relevant sentencing sections of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), shall be
applied as follows:
(A) Except as provided in subparagraph (B), the relevant
sentencing sections shall be applied as if the amendments to
such sections made by the Military Justice Act of 2016
(division E of Public Law 114-328) and this section had not
been enacted.
(B) If the accused so requests, the relevant sentencing
sections shall be applied as amended by the Military Justice
Act of 2016 (division E of Public Law 114-328) and this
section.
(2) Definitions.--In this subsection:
(A) Transition-period court-martial.--The term
``transition-period court-martial'' means a court-martial under
chapter 47 of title 10, United States Code (the Uniform Code of
Military Justice), that consists of both of the following:
(i) A prosecution of one or more offenses committed
before the date designated by the President under section
5542(a) of the Military Justice Act of 2016 (division E of
Public Law 114-328; 130 Stat. 2967).
(ii) A prosecution of one or more offenses committed on
or after that date.
(B) Relevant sentencing sections.--The term ``relevant
sentencing sections'' means section 856 of title 10, United
States Code (article 56 of the Uniform Code of Military
Justice), and any other sections (articles) of chapter 47 of
title 10, United States Code (the Uniform Code of Military
Justice), that, by regulation prescribed by the President, are
designated as relevant to sentencing for the purposes of
paragraph (1).
(p) Effective Date.--The amendments made by this section shall take
effect immediately after the amendments made by the Military Justice
Act of 2016 (division E of Public Law 114-328) take effect as provided
for in section 5542 of that Act (130 Stat. 2967).
SEC. 532. ENHANCEMENT OF EFFECTIVE PROSECUTION AND DEFENSE IN
COURTS-MARTIAL AND RELATED MATTERS.
(a) Additional Element in Program for Effective Prosecution and
Defense.--Section 542(a)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 827 note) is
amended by inserting before the semicolon the following: ``or there is
adequate supervision and oversight of trial counsel and defense counsel
so detailed to ensure effective prosecution and defense in the court-
martial''.
(b) Use of Civilian Employees to Advise Less Experienced Judge
Advocates in Prosecution and Defense.--Section 542 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 827 note) is further amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Use of Civilian Employees to Advise Less Experienced Judge
Advocates in Prosecution and Defense.--The Secretary concerned may use
highly qualified experts and other civilian employees who are under the
jurisdiction of the Secretary concerned, are available, and are
experienced in the prosecution or defense of complex criminal cases to
provide assistance to, and consult with, less experienced judge
advocates throughout the court-martial process.''.
(c) Pilot Programs on Professional Developmental Process for Judge
Advocates.--Subsection (d) of section 542 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C.
827 note), as redesignated by subsection (b)(1) of this section, is
amended--
(1) in paragraph (1), by striking ``establishing'' and all that
follows and inserting ``a military justice career track for judge
advocates under the jurisdiction of the Secretary.'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Elements.--Each pilot program shall include the
following:
``(A) A military justice career track for judge advocates
that leads to judge advocates with military justice expertise
in the grade of colonel, or in the grade of captain in the case
of judge advocates of the Navy.
``(B) The use of skill identifiers to identify judge
advocates for participation in the pilot program from among
judge advocates having appropriate skill and experience in
military justice matters.
``(C) Guidance for promotion boards considering the
selection for promotion of officers participating in the pilot
program in order to ensure that judge advocates who are
participating in the pilot program have the same opportunity
for promotion as all other judge advocate officers being
considered for promotion by such boards.
``(D) Such other matters as the Secretary concerned
considers appropriate.''.
SEC. 533. PUNITIVE ARTICLE UNDER THE UNIFORM CODE OF MILITARY
JUSTICE ON WRONGFUL BROADCAST OR DISTRIBUTION OF INTIMATE VISUAL
IMAGES OR VISUAL IMAGES OF SEXUALLY EXPLICIT CONDUCT.
(a) Prohibition.--Subchapter X of chapter 47 of title 10, United
States Code, is amended by inserting after section 917 (article 117 of
the Uniform Code of Military Justice) the following new section
(article):
``Sec. 917a. Art. 117a. Wrongful broadcast or distribution of intimate
visual images
``(a) Prohibition.--Any person subject to this chapter--
``(1) who knowingly and wrongfully broadcasts or distributes an
intimate visual image of another person or a visual image of
sexually explicit conduct involving a person who--
``(A) is at least 18 years of age at the time the intimate
visual image or visual image of sexually explicit conduct was
created;
``(B) is identifiable from the intimate visual image or
visual image of sexually explicit conduct itself, or from
information displayed in connection with the intimate visual
image or visual image of sexually explicit conduct; and
``(C) does not explicitly consent to the broadcast or
distribution of the intimate visual image or visual image of
sexually explicit conduct;
``(2) who knows or reasonably should have known that the
intimate visual image or visual image of sexually explicit conduct
was made under circumstances in which the person depicted in the
intimate visual image or visual image of sexually explicit conduct
retained a reasonable expectation of privacy regarding any
broadcast or distribution of the intimate visual image or visual
image of sexually explicit conduct;
``(3) who knows or reasonably should have known that the
broadcast or distribution of the intimate visual image or visual
image of sexually explicit conduct is likely--
``(A) to cause harm, harassment, intimidation, emotional
distress, or financial loss for the person depicted in the
intimate visual image or visual image of sexually explicit
conduct; or
``(B) to harm substantially the depicted person with
respect to that person's health, safety, business, calling,
career, financial condition, reputation, or personal
relationships; and
``(4) whose conduct, under the circumstances, had a reasonably
direct and palpable connection to a military mission or military
environment,
is guilty of wrongful distribution of intimate visual images or visual
images of sexually explicit conduct and shall be punished as a court-
martial may direct.
``(b) Definitions.--In this section:
``(1) Broadcast.--The term `broadcast' means to electronically
transmit a visual image with the intent that it be viewed by a
person or persons.
``(2) Distribute.--The term `distribute' means to deliver to
the actual or constructive possession of another person, including
transmission by mail or electronic means.
``(3) Intimate visual image.--The term `intimate visual image'
means a visual image that depicts a private area of a person.
``(4) Private area.--The term `private area' means the naked or
underwear-clad genitalia, anus, buttocks, or female areola or
nipple.
``(5) Reasonable expectation of privacy.--The term `reasonable
expectation of privacy' means circumstances in which a reasonable
person would believe that a private area of the person, or sexually
explicit conduct involving the person, would not be visible to the
public.
``(6) Sexually explicit conduct.--The term `sexually explicit
conduct' means actual or simulated genital-genital contact, oral-
genital contact, anal-genital contact, or oral-anal contact,
whether between persons of the same or opposite sex, bestiality,
masturbation, or sadistic or masochistic abuse.
``(7) Visual image.--The term `visual image' means the
following:
``(A) Any developed or undeveloped photograph, picture,
film, or video.
``(B) Any digital or computer image, picture, film, or
video made by any means, including those transmitted by any
means, including streaming media, even if not stored in a
permanent format.
``(C) Any digital or electronic data capable of conversion
into a visual image.''.
(b) Clerical Amendment.--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 by inserting after the item
relating to section 917 (article 117) the following new item:
``917a. 117a. Wrongful broadcast or distribution of intimate visual
images.''.
SEC. 534. GARNISHMENT TO SATISFY JUDGMENT RENDERED FOR PHYSICALLY,
SEXUALLY, OR EMOTIONALLY ABUSING A CHILD.
(a) Garnishment Authority.--Section 1408 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(l) Garnishment To Satisfy a Judgment Rendered for Physically,
Sexually, or Emotionally Abusing a Child.--(1) Subject to paragraph
(2), any payment of retired pay that would otherwise be made to a
member shall be paid (in whole or in part) by the Secretary concerned
to another person if and to the extent expressly provided for in the
terms of a child abuse garnishment order.
``(2) A court order providing for the payment of child support or
alimony or, with respect to a division of property, specifically
providing for the payment of an amount of the disposable retired pay
from a member to the spouse or a former spouse of the member, shall be
given priority over a child abuse garnishment order. The total amount
of the disposable retired pay of a member payable under a child abuse
garnishment order shall not exceed 25 percent of the member's
disposable retired pay.
``(3) In this subsection, the term `court order' includes a child
abuse garnishment order.
``(4) In this subsection, the term `child abuse garnishment order'
means a final decree issued by a court that--
``(A) is issued in accordance with the laws of the jurisdiction
of that court; and
``(B) provides in the nature of garnishment for the enforcement
of a judgment rendered against the member for physically, sexually,
or emotionally abusing a child.
``(5) For purposes of this subsection, a judgment rendered for
physically, sexually, or emotionally abusing a child is any legal claim
perfected through a final enforceable judgment, which claim is based in
whole or in part upon the physical, sexual, or emotional abuse of an
individual under 18 years of age, whether or not that abuse is
accompanied by other actionable wrongdoing, such as sexual exploitation
or gross negligence.
``(6) If the Secretary concerned is served with more than one court
order with respect to the retired pay of a member, the disposable
retired pay of the member shall be available to satisfy such court
orders on a first-come, first-served basis, subject to the order of
precedence specified in paragraph (2), with any such process being
satisfied out of such monies as remain after the satisfaction of all
such processes which have been previously served.
``(7) The Secretary concerned shall not be required to vary normal
pay and disbursement cycles for retired pay in order to comply with a
child abuse garnishment order.''.
(b) Application of Amendment.--Subsection (l) of section 1408 of
title 10, United States Code, as added by subsection (a), shall apply
with respect to a court order received by the Secretary concerned on or
after the date of the enactment of this Act, regardless of the date of
the court order.
SEC. 535. SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING FOR ALL
INDIVIDUALS ENLISTED IN THE ARMED FORCES UNDER A DELAYED ENTRY
PROGRAM.
(a) Training Required.--Commencing not later than 180 days after
the date of the enactment of this Act, each Secretary concerned shall,
insofar as practicable, provide training on sexual assault prevention
and response to each individual under the jurisdiction of such
Secretary who is enlisted in the Armed Forces under a delayed entry
program such that each such individual completes such training before
the date of commencement of basic training or initial active duty for
training in the Armed Forces.
(b) Training Elements.--The training provided pursuant to
subsection (a)--
(1) shall, to the extent practicable, be uniform across the
Armed Forces;
(2) should be provided through in-person instruction, whenever
possible;
(3) should include instruction on the proper use of social
media; and
(4) shall meet such other requirements as the Secretary of
Defense may establish.
(c) Definitions.--In this section:
(1) The term ``delayed entry program'' means the following:
(A) The Future Soldiers Program of the Army.
(B) The Delayed Entry Program of the Navy and the Marine
Corps.
(C) The program of the Air Force for the delayed entry of
enlistees into the Air Force.
(D) The program of the Coast Guard for the delayed entry of
enlistees into the Coast Guard.
(E) Any successor program to a program referred to in
subparagraphs (A) through (D).
(2) The term ``Secretary concerned'' has the meaning given that
term in section 101(a)(9) of title 10, United States Code.
SEC. 536. SPECIAL VICTIMS' COUNSEL TRAINING REGARDING THE UNIQUE
CHALLENGES OFTEN FACED BY MALE VICTIMS OF SEXUAL ASSAULT.
The baseline Special Victims' Counsel training established under
section 1044e(d)(2) of title 10, United States Code, shall include
training for Special Victims' Counsel to recognize and deal with the
unique challenges often faced by male victims of sexual assault.
SEC. 537. INCLUSION OF INFORMATION IN ANNUAL SAPRO REPORTS
REGARDING MILITARY SEXUAL HARASSMENT AND INCIDENTS INVOLVING
NONCONSENSUAL DISTRIBUTION OF PRIVATE SEXUAL IMAGES.
(a) Additional Reporting Requirements.--Section 1631(b) of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 10 U.S.C. 1561 note) is amended by adding at the end the
following new paragraphs:
``(13) Information and data collected through formal and
informal reports of sexual harassment involving members of the
Armed Forces during the year covered by the report, as follows:
``(A) The number of substantiated and unsubstantiated
reports.
``(B) A synopsis of each substantiated report.
``(C) The action taken in the case of each substantiated
report, including the type of disciplinary or administrative
sanction imposed, if any, such as--
``(i) conviction and sentence by court-martial;
``(ii) imposition of non-judicial punishment under
section 815 of title 10, United States Code (article 15 of
the Uniform Code of Military Justice); or
``(iii) administrative separation or other type of
administrative action imposed.
``(14) Information and data collected during the year covered
by the report on each reported incident involving the nonconsensual
distribution by a person subject to chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), of a private
sexual image of another person, including the following:
``(A) The number of substantiated and unsubstantiated
reports.
``(B) A synopsis of each substantiated report.
``(C) The action taken in the case of each substantiated
report, including the type of disciplinary or administrative
sanction imposed, if any, such as--
``(i) conviction and sentence by court-martial;
``(ii) imposition of non-judicial punishment under
section 815 of title 10, United States Code (article 15 of
the Uniform Code of Military Justice); or
``(iii) administrative separation or other type of
administrative action imposed.''.
(b) Application of Amendment.--The amendment made by this section
shall take effect on the date of the enactment of this Act and apply
beginning with the reports required to be submitted by March 1, 2020,
under section 1631 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note).
SEC. 538. INCLUSION OF INFORMATION IN ANNUAL SAPRO REPORTS
REGARDING SEXUAL ASSAULTS COMMITTED BY A MEMBER OF THE ARMED
FORCES AGAINST THE MEMBER'S SPOUSE OR OTHER FAMILY MEMBER.
Beginning with the reports required to be submitted by March 1,
2019, under section 1631 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C.
1561 note), information regarding a sexual assault committed by a
member of the Armed Forces against the spouse or intimate partner of
the member or another dependent of the member shall be included in such
reports in addition to the annual Family Advocacy Program report. The
information may be included as an annex to such reports.
Subtitle E--Member Education, Training, Resilience, and Transition
SEC. 541. ELEMENT IN PRESEPARATION COUNSELING FOR MEMBERS OF THE
ARMED FORCES ON ASSISTANCE AND SUPPORT SERVICES FOR CAREGIVERS OF
CERTAIN VETERANS THROUGH THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 1142(b) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(18) A description, developed in consultation with the
Secretary of Veterans Affairs, of the assistance and support
services for family caregivers of eligible veterans under the
program conducted by the Secretary of Veterans Affairs pursuant to
section 1720G of title 38, including the veterans covered by the
program, the caregivers eligible for assistance and support through
the program, and the assistance and support available through the
program.''.
(b) Participation of Potential Caregivers in Appropriate
Preseparation Counseling.--
(1) In general.--In accordance with procedures established by
the Secretary of Defense, each Secretary of a military department
shall take appropriate actions to achieve the following:
(A) To determine whether each member of the Armed Forces
under the jurisdiction of such Secretary who is undergoing
preseparation counseling pursuant to section 1142 of title 10,
United States Code (as amended by subsection (a)), and who may
require caregiver services after separation from the Armed
Forces has identified an individual to provide such services
after the member's separation.
(B) In the case of a member described in subparagraph (A)
who has identified an individual to provide caregiver services
after the member's separation, at the election of the member,
to permit such individual to participate in appropriate
sessions of the member's preseparation counseling in order to
inform such individual of--
(i) the assistance and support services available to
caregivers of members after separation from the Armed
Forces; and
(ii) the manner in which the member's transition to
civilian life after separation may likely affect such
individual as a caregiver.
(2) Caregivers.--For purposes of this subsection, individuals
who provide caregiver services refers to individuals (including a
spouse, partner, parent, sibling, adult child, other relative, or
friend) who provide physical or emotional assistance to former
members of the Armed Forces during and after their transition from
military life to civilian life following separation from the Armed
Forces.
(3) Deadline for commencement.--Each Secretary of a miliary
department shall commence the actions required pursuant to this
subsection by not later than 180 days after the date of the
enactment of this Act.
SEC. 542. IMPROVED EMPLOYMENT ASSISTANCE FOR MEMBERS OF THE ARMY,
NAVY, AIR FORCE, AND MARINE CORPS AND VETERANS.
(a) Improved Employment Skills Verification.--Section 1143(a) of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary of Defense'';
and
(2) by adding at the end the following new paragraph:
``(2) In order to improve the accuracy and completeness of a
certification or verification of job skills and experience required by
paragraph (1), the Secretary of Defense shall--
``(A) establish a database to record all training performed by
members of the Army, Navy, Air Force, and Marine Corps that may
have application to employment in the civilian sector; and
``(B) make unclassified information regarding such information
available to States and other potential employers referred to in
subsection (c) so that State and other entities may allow military
training to satisfy licensing or certification requirements to
engage in a civilian profession.''.
(b) Improved Accuracy of Certificates of Training and Skills.--
Section 1143(a) of title 10, United States Code, is further amended by
inserting after paragraph (2), as added by subsection (a), the
following new paragraph:
``(3) The Secretary of Defense shall ensure that a certification or
verification of job skills and experience required by paragraph (1) is
rendered in such a way that States and other potential employers can
confirm the accuracy and authenticity of the certification or
verification.''.
(c) Improved Responsiveness to Certification Requests.--Section
1143(c) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``For the purpose''; and
(2) by adding at the end the following new paragraph:
``(2)(A) A State may--
``(i) use a certification or verification of job skills and
experience provided to a member of the armed forces under
subsection (a); and
``(ii) in the case of members of the Army, Navy, Air Force, and
Marine Corps, request the Department of Defense to confirm the
accuracy and authenticity of the certification or verification.
``(B) A response confirming or denying the information shall be
provided within five business days.''.
(d) Improved Notice to Members.--Section 1142(b)(4)(A) of title 10,
United States Code, is amended by inserting before the semicolon the
following: ``, including State-submitted and approved lists of military
training and skills that satisfy occupational certifications and
licenses''.
SEC. 543. LIMITATION ON RELEASE OF MILITARY SERVICE ACADEMY
GRADUATES TO PARTICIPATE IN PROFESSIONAL ATHLETICS.
(a) United States Military Academy.--Section 4348(a) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(5) That the cadet--
``(A) will not seek release from the cadet's commissioned
service obligation to obtain employment as a professional
athlete following graduation until the cadet completes a period
of at least two consecutive years of commissioned service; and
``(B) understands that the appointment alternative
described in paragraph (3) will not be used to allow the cadet
to obtain such employment until at least the end of that two-
year period.''.
(b) United States Naval Academy.--Section 6959(a) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(5) That the midshipman--
``(A) will not seek release from the midshipman's
commissioned service obligation to obtain employment as a
professional athlete following graduation until the midshipman
completes a period of at least two consecutive years of
commissioned service; and
``(B) understands that the appointment alternative
described in paragraph (3) will not be used to allow the
midshipman to obtain such employment until at least the end of
that two-year period.''.
(c) United States Air Force Academy.--Section 9348(a) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(5) That the cadet--
``(A) will not seek release from the cadet's commissioned
service obligation to obtain employment as a professional
athlete following graduation until the cadet completes a period
of at least two consecutive years of commissioned service; and
``(B) understands that the appointment alternative
described in paragraph (2) will not be used to allow the cadet
to obtain such employment until at least the end of that two-
year period.''.
(d) Application of Amendments.--The Secretaries of the military
departments shall promptly revise the cadet and midshipman service
agreements under sections 4348, 6959, and 9348 of title 10, United
States Code, to reflect the amendments made by this section. The
revised agreement shall apply to cadets and midshipmen who are
attending the United States Military Academy, the United States Naval
Academy, or the United States Air Force Academy on the date of the
enactment of this Act and to persons who begin attendance at such
military service academies on or after that date.
SEC. 544. TWO-YEAR EXTENSION OF SUICIDE PREVENTION AND RESILIENCE
PROGRAM FOR THE NATIONAL GUARD AND RESERVES.
Section 10219(g) of title 10, United States Code, is amended by
striking ``October 1, 2018'' and inserting ``October 1, 2020''.
SEC. 545. ANNUAL CERTIFICATIONS RELATED TO READY, RELEVANT LEARNING
INITIATIVE OF THE NAVY.
(a) Annual Certifications Required.--Not later than March 1, 2018,
and each year thereafter, the Secretary of the Navy shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a certification on the status of implementation of the
Ready, Relevant Learning initiative of the Navy for each applicable
enlisted rating.
(b) Elements.--Each certification under subsection (a) shall
include the following:
(1) A certification by the Commander of the United States Fleet
Forces Command that the block learning and modernized delivery
methods of the Ready, Relevant Learning initiative to be
implemented during the fiscal year beginning in which such
certification is submitted will meet or exceed the existing
training delivery approach for all associated training
requirements.
(2) A certification by the Secretary of the Navy that the
content re-engineering necessary to meet all training objectives
and transition from the traditional training curriculum to the
modernized delivery format to be implemented during such fiscal
year will be complete prior to such transition, including full
functionality of all required course software and hardware.
(3) A detailed cost estimate of transitioning to the block
learning and modernized delivery approaches to be implemented
during such fiscal year with funding listed by purpose, amount,
appropriations account, budget program element or line item, and
end strength adjustments.
(4) A detailed phasing plan associated with transitioning to
the block learning and modernized delivery approaches to be
implemented during such fiscal year, including the current status,
timing, and identification of reductions in ``A'' school and ``C''
school courses, curricula, funding, and personnel.
(5) A certification by the Secretary of the Navy that--
(A) the contracting strategy associated with transitioning
to the modernized delivery approach to be implemented during
such fiscal year has been completed; and
(B) contracting actions contain sufficient specification
detail to enable a low risk approach to receiving the
deliverable end item or items on-budget, on-schedule, and with
satisfactory performance.
SEC. 546. AUTHORITY TO EXPAND ELIGIBILITY FOR THE UNITED STATES
MILITARY APPRENTICESHIP PROGRAM.
(a) Expansion Authorized.--The Secretary of Defense may expand
eligibility for the United Services Military Apprenticeship Program to
include any member of the uniformed services.
(b) Definition.--In this section, the term ``uniformed services''
has the meaning given such term in section 101(a)(5) of title 10,
United States Code.
SEC. 547. LIMITATION ON AVAILABILITY OF FUNDS FOR ATTENDANCE OF AIR
FORCE ENLISTED PERSONNEL AT AIR FORCE OFFICER PROFESSIONAL
MILITARY EDUCATION IN-RESIDENCE COURSES.
(a) Limitation.--None of the funds authorized to be appropriated or
otherwise made available for the Department of the Air Force may be
obligated or expended for the purpose of the attendance of Air Force
enlisted personnel at Air Force officer professional military education
(PME) in-residence courses until the later of--
(1) the date on which the Secretary of the Air Force submits to
the Committees on Armed Services of the Senate and the House of
Representatives, and to the Comptroller General of the United
States, a report on the attendance of such personnel at such
courses as described in subsection (b);
(2) the date on which the Comptroller General submits to such
committees the report setting forth an assessment of the report
under paragraph (1) as described in subsection (c); or
(3) 180 days after the date of the enactment of this Act.
(b) Secretary of the Air Force Report.--The report of the Secretary
described in subsection (a)(1) shall include the following:
(1) The purpose of the attendance of Air Force enlisted
personnel at Air Force officer professional military education in-
residence courses.
(2) The objectives for the attendance of such enlisted
personnel at such officer professional military education courses.
(3) The required prerequisites for such enlisted personnel to
attend such officer professional military education courses.
(4) The process for selecting such enlisted personnel to attend
such officer professional military education courses.
(5) The impact of the attendance of such enlisted personnel at
such officer professional military education courses on the
availability of officer allocations for the attendance of officers
at such courses.
(6) The impact of the attendance of such enlisted personnel at
such officer professional military education courses on the morale
and retention of officers attending such courses.
(7) The resources required for such enlisted personnel to
attend such officer professional military education courses.
(8) The impact on unit and overall Air Force manning levels of
the attendance of such enlisted personnel at such officer
professional military education courses, especially at the
statutorily-limited end strengths of grades E-8 and E-9.
(9) The extent to which graduation by such enlisted personnel
from such officer professional military education courses is a
requirement for Air Force or joint assignments.
(10) The planned assignment utilization for Air Force enlisted
graduates of such officer professional military education courses.
(11) Any other matters in connection with the attendance of
such enlisted personnel at such officer professional military
education courses that the Secretary considers appropriate.
(c) Comptroller General of the United States Report.--
(1) In general.--Not later than 90 days after the date the
Secretary submits the report described in subsection (a)(1), the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a briefing
on an assessment of the report by the Comptroller General. As soon
as practicable after the briefing, the Comptroller General shall
submit to such committees a report on such assessment for purposes
of subsection (a)(2).
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) An assessment of whether the conclusions and assertions
included in the report of the Secretary under subsection (a)
are comprehensive, fully supported, and sufficiently detailed.
(B) An identification of any shortcomings, limitations, or
other reportable matters that affect the quality of the
findings or conclusions of the report of the Secretary.
SEC. 548. LIEUTENANT HENRY OSSIAN FLIPPER LEADERSHIP SCHOLARSHIPS.
(a) In General.--The Secretary of the Army shall designate a number
of scholarships under the Army Senior Reserve Officers' Training Corps
(SROTC) program that are available to students at minority-serving
institutions as ``Lieutenant Henry Ossian Flipper Leadership
Scholarships''.
(b) Number Designated.--The number of scholarships designated
pursuant to subsection (a) shall be the number the Secretary determines
appropriate to increase the number of Senior Reserve Officers' Training
Corps scholarships at minority-serving institutions. In making the
determination, the Secretary shall give appropriate consideration to
the following:
(1) The number of Senior Reserve Officers' Training Corps
scholarships available at all institutions participating in the
Senior Reserve Officer's Training Corps program.
(2) The number of such minority-serving institutions that offer
the Senior Reserve Officers' Training Corps program to their
students.
(c) Amount of Scholarship.--The Secretary may increase any
scholarship designated pursuant to subsection (a) to an amount in
excess of the amount of the Senior Reserve Officers' Training Corps
program scholarship that would otherwise be offered at the minority-
serving institution concerned if the Secretary considers that a
scholarship of such increased amount is appropriate for the purpose of
the scholarship.
(d) Minority-serving Institution Defined.--In this section, the
term ``minority-serving institution'' means an institution of higher
education described in section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
SEC. 549. PILOT PROGRAMS ON APPOINTMENT IN THE EXCEPTED SERVICE IN
THE DEPARTMENT OF DEFENSE OF PHYSICALLY DISQUALIFIED FORMER
CADETS AND MIDSHIPMEN.
(a) Pilot Programs Authorized.--
(1) In general.--Each Secretary of a military department may
carry out a pilot program under which former cadets or midshipmen
described in paragraph (2) (in this section referred to as
``eligible individuals'') under the jurisdiction of such Secretary
may be appointed by the Secretary of Defense in the excepted
service under section 3320 of title 5, United States Code, in the
Department of Defense.
(2) Cadets and midshipmen.--Except as provided in paragraph
(3), a former cadet or midshipman described in this paragraph is
any former cadet at the United States Military Academy or the
United States Air Force Academy, and any former midshipman at the
United States Naval Academy, who--
(A) completed the prescribed course of instruction and
graduated from the applicable service academy; and
(B) is determined to be medically disqualified to complete
a period of active duty in the Armed Forces prescribed in an
agreement signed by such cadet or midshipman in accordance with
section 4348, 6959, or 9348 of title 10, United States Code.
(3) Exception.--A former cadet or midshipman whose medical
disqualification as described in paragraph (2)(B) is the result of
the gross negligence or misconduct of the former cadet or
midshipman is not an eligible individual for purposes of
appointment under a pilot program.
(b) Purpose.--The purpose of the pilot programs conducted under
this section is to evaluate the feasibility and advisability of
permitting eligible individuals who cannot accept a commission or
complete a period of active duty in the Armed Forces prescribed by the
Secretary of the military department concerned to fulfill an obligation
for active duty service in the Armed Forces through service as a
civilian employee of the Department of Defense.
(c) Positions.--
(1) In general.--The positions to which an eligible individual
may be appointed under a pilot program conducted under this section
are existing positions within the Department of Defense in grades
up to GS-9 under the General Schedule under section 5332 of title
5, United States Code (or equivalent). The authority in subsection
(a) does not authorize the creation of additional positions, or
create any vacancies to which eligible individuals may be appointed
under a pilot program.
(2) Term positions.--Any appointment under a pilot program
shall be to a position having a term of five years or less.
(d) Scope of Authority.--
(1) Recruitment and retention of eligible individuals.--The
authority in subsection (a) may be used only to the extent
necessary to recruit and retain on a non-competitive basis cadets
and midshipmen who are relieved of an obligation for active duty in
the Armed Forces due to becoming medically disqualified from
serving on active duty in the Armed Forces, and may not be used to
appoint any other individuals in the excepted service.
(2) Voluntary acceptance of appointments.--A pilot program
conducted under this section may not be used as an implicit or
explicit basis for compelling an eligible individual to accept an
appointment in the excepted service in accordance with this
section.
(e) Relationship to Repayment Provisions.--Completion of a term
appointment pursuant to a pilot program conducted under this section
shall relieve the eligible individual concerned of any repayment
obligation under section 303a(e) or 373 of title 37, United States
Code, with respect to the agreement of the individual described in
subsection (a)(2)(B).
(f) Termination.--
(1) In general.--The authority to appoint eligible individuals
in the excepted service under a pilot program conducted under this
section shall expire on the date that is four years after the date
of the enactment of this Act.
(2) Effect on existing appointments.--The termination by
paragraph (1) of the authority in subsection (a) shall not affect
any appointment made under that authority before the termination
date specified in paragraph (1) in accordance with the terms of
such appointment.
(g) Reporting Requirement.--
(1) Report required.--Not later than the date that is three
years after the date of the enactment of this Act, each Secretary
of a military department shall submit to the appropriate
congressional committees a report containing an evaluation of the
effectiveness of the pilot program conducted by such Secretary
under this section, including the number of eligible individuals
appointed as civilian employees of the Department of Defense under
the program and the retention rate for such employees.
(2) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees'' means
the Committee on Armed Services and the Committee on Homeland
Security and Government Affairs of the Senate and the Committee on
Armed Services and the Committee on Oversight and Government Reform
of the House of Representatives.
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
PART I--DEFENSE DEPENDENTS' EDUCATION MATTERS
SEC. 551. ASSISTANCE TO SCHOOLS WITH MILITARY DEPENDENT STUDENTS.
(a) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be appropriated
for fiscal year 2018 pursuant to section 301 and available for
operation and maintenance for Defense-wide activities as specified
in the funding table in section 4301, $10,000,000 shall be
available for payments under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (20 U.S.C.
7703a).
(2) Use of certain amount.--Of the amount available under
subsection (a) for payments as described in that subsection,
$5,000,000 shall be available for such payments to local
educational agencies determined by the Secretary of Defense, in the
discretion of the Secretary, to have higher concentrations of
military children with severe disabilities.
(b) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2018 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $40,000,000 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).
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
7013(9) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
SEC. 552. TRANSITIONS OF MILITARY DEPENDENT STUDENTS FROM
DEPARTMENT OF DEFENSE DEPENDENT SCHOOLS TO OTHER SCHOOLS AND
AMONG SCHOOLS OF LOCAL EDUCATIONAL AGENCIES.
(a) Permanent Support Authority.--Section 574(c) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 20 U.S.C. 7703b note) is amended by striking paragraph (3).
(b) Conforming Amendment.--Section 572(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 20 U.S.C.
7703b note) is amended by striking ``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'' and inserting
``shall include, with respect to section 574(c) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 20 U.S.C. 7703b note),''.
SEC. 553. REPORT ON EDUCATIONAL OPPORTUNITIES IN SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS FOR CHILDREN WHO ARE
DEPENDENTS OF MEMBERS OF THE ARMED FORCES.
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 a report containing a description and assessment of--
(1) current Department of Defense programs intended to improve
educational opportunities and achievement in science, technology,
engineering, and mathematics for children who are dependents of
members of the Armed Forces; and
(2) Department of Defense efforts to increase opportunities and
achievement in science, technology, engineering, and mathematics
for children who are dependents of members of the Armed Forces.
PART II--MILITARY FAMILY READINESS MATTERS
SEC. 555. CODIFICATION OF AUTHORITY TO CONDUCT FAMILY SUPPORT
PROGRAMS FOR IMMEDIATE FAMILY MEMBERS OF MEMBERS OF THE ARMED
FORCES ASSIGNED TO SPECIAL OPERATIONS FORCES.
(a) Codification of Existing Authority.--Chapter 88 of title 10,
United States Code, is amended by inserting after section 1788 a new
section 1788a consisting of--
(1) a heading as follows:
``Sec. 1788a. Family support programs: immediate family members of
members of special operations forces''; and
(2) a text consisting of subsections (a), (b), (d), and (e) of
section 554 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 10 U.S.C. 1788 note).
(b) Reporting Requirement.--Section 1788a of title 10, United
States Code, as added by subsection (a) of this section, is further
amended--
(1) by redesignating subsection (d), as so added, as subsection
(c); and
(2) by inserting after such subsection the following new
subsection (d):
``(d) Annual Report.--
``(1) Report required.--Not later than March 1, 2019, and each
March 1 thereafter, the Commander, in coordination with the Under
Secretary of Defense for Personnel and Readiness, shall submit to
the congressional defense committees a report describing the
progress made in achieving the goals of the family support programs
conducted under this section.
``(2) Elements of reports.--Each report under this subsection
shall include the following:
``(A) A detailed description of the programs conducted
under this section to address family support requirements for
family members of members of the armed forces assigned to
special operations forces.
``(B) An assessment of the impact of the programs on
military readiness and on family members of members of the
armed forces assigned to special operations forces.
``(C) A description of the special operations-peculiar
aspects of the programs and a comparison and differentiation of
these programs with other programs conducted by the Secretaries
of the military departments to provide family support services
to immediate family members of members of the armed forces.
``(D) Recommendations for incorporating lessons learned
into other family support programs.
``(E) Any other matters the Commander considers appropriate
regarding the programs.''.
(c) Funding.--Subsection (c) of section 1788a of title 10, United
States Code, as added by subsection (a) of this section and
redesignated by subsection (b)(1) of this section, is amended by
striking ``specified'' and all that follows through the end of the
subsection and inserting ``, from funds available for Major Force
Program 11, to carry out family support programs under this section.''.
(d) Elimination of Pilot Program References and Other Conforming
Amendments.--Section 1788a of title 10, United States Code, as added by
subsection (a) of this section, is further amended--
(1) by striking ``Armed Forces'' each place it appears and
inserting ``armed forces'';
(2) by striking ``pilot'' each place it appears;
(3) in subsection (a)--
(A) in the subsection heading, by striking ``Pilot''; and
(B) by striking ``up to three'' and all that follows
through ``providing'' and inserting ``programs to provide'';
and
(4) in subsection (e)--
(A) in paragraph (2), by striking ``title 10, United States
Code'' and inserting ``this title''; and
(B) in paragraph (3), by striking ``such title'' and
inserting ``this title''.
(e) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 88 of title 10, United States Code, is amended
by inserting after the item relating to section 1788 the following new
item:
``1788a. Family support programs: immediate family members of members of
special operations forces.''.
(f) Conforming Repeal.--Section 554 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C.
1788 note) is repealed.
SEC. 556. REIMBURSEMENT FOR STATE LICENSURE AND CERTIFICATION COSTS
OF A SPOUSE OF A MEMBER OF THE ARMED FORCES ARISING FROM
RELOCATION TO ANOTHER STATE.
(a) Reimbursement Authorized.--Section 476 of title 37, United
States Code, is amended by adding at the end the following new
subsection:
``(p)(1) From amounts otherwise made available for a fiscal year to
provide travel and transportation allowances under this chapter, the
Secretary concerned may reimburse a member of the armed forces for
qualified relicensing costs of the spouse of the member when--
``(A) the member is reassigned, either as a permanent change of
station or permanent change of assignment, from a duty station in
one State to a duty station in another State; and
``(B) the movement of the member's dependents is authorized at
the expense of the United States under this section as part of the
reassignment.
``(2) Reimbursement provided to a member under this subsection may
not exceed $500 in connection with each reassignment described in
paragraph (1).
``(3) Not later than December 31, 2021, the Secretary of Defense,
in consultation with the Secretary of Homeland Security with respect to
the Coast Guard, shall submit to the congressional defense committees,
the Committee on Homeland Security and Government Affairs of the
Senate, and the Committee on Oversight and Government Reform of the
House of Representatives a report--
``(A) describing the extent to which the reimbursement
authority provided by this subsection has been used; and
``(B) containing a recommendation by the Secretaries regarding
whether the authority should be extended beyond the date specified
in paragraph (4).
``(4) No reimbursement may be provided under this subsection for
qualified relicensing costs paid or incurred after December 31, 2022.
``(5) In this subsection, the term `qualified relicensing costs'
means costs, including exam and registration fees, that--
``(A) are imposed by the State of the new duty station to
secure a license or certification to engage in the same profession
that the spouse of the member engaged in while in the State of the
original duty station; and
``(B) are paid or incurred by the member or spouse to secure
the license or certification from the State of the new duty station
after the date on which the orders directing the reassignment
described in paragraph (1) are issued.''.
(b) Development of Recommendations to Expedite License Portability
for Military Spouses.--
(1) Consultation with states.--The Secretary of Defense, and
the Secretary of Homeland Security with respect to the Coast Guard,
shall consult with States--
(A) to identify barriers to the portability between States
of a license, certification, or other grant of permission held
by the spouse of a member of the Armed Forces to engage in an
occupation when the spouse moves between States as part of a
permanent change of station or permanent change of assignment
of the member; and
(B) to develop recommendations for the Federal Government
and the States, together or separately, to expedite the
portability of such licenses, certifications, and other grants
of permission for military spouses.
(2) Specific considerations.--In conducting the consultation
and preparing the recommendations under paragraph (1), the
Secretaries shall consider the feasibility of--
(A) States accepting licenses, certifications, and other
grants of permission described in paragraph (1) issued by
another State and in good standing in that State;
(B) the issuance of a temporary license pending completion
of State-specific requirements; and
(C) the establishment of an expedited review process for
military spouses.
(3) Report required.--Not later than March 15, 2018, the
Secretaries shall submit to the appropriate congressional
committees and the States a report containing the recommendations
developed under this subsection.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees'' means
the congressional defense committees, the Committee on Homeland
Security and Government Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of Representatives.
SEC. 557. TEMPORARY EXTENSION OF EXTENDED PERIOD OF PROTECTIONS FOR
MEMBERS OF UNIFORMED SERVICES RELATING TO MORTGAGES, MORTGAGE
FORECLOSURE, AND EVICTION.
Section 710(d) of the Honoring America's Veterans and Caring for
Camp Lejeune Families Act of 2012 (Public Law 112-154; 50 U.S.C. 3953
note) is amended--
(1) in paragraph (1), by striking ``December 31, 2017'' and
inserting ``December 31, 2019''; and
(2) in paragraph (3), by striking ``January 1, 2018'' and
inserting ``January 1, 2020''.
SEC. 558. ENHANCING MILITARY CHILDCARE PROGRAMS AND ACTIVITIES OF
THE DEPARTMENT OF DEFENSE.
(a) Hours of Operation of Military Childcare Development Centers.--
Each Secretary of a military department shall ensure, to the extent
practicable, that the hours of operation of each childcare development
center under the jurisdiction of the Secretary are established and
maintained in manner that takes into account the demands and
circumstances of members of the Armed Forces, including members of the
reserve components, who use such center in facilitation of the
performance of their military duties.
(b) Matters to Be Taken Into Account.--The demands and
circumstances to be taken into account under subsection (a) for
purposes of setting and maintaining the hours of operation of a
childcare development center shall include the following:
(1) Mission requirements of units whose members use the
childcare development center.
(2) The unpredictability of work schedules, and fluctuations in
day-to-day work hours, of such members.
(3) The potential for frequent and prolonged absences of such
members for training, operations, and deployments.
(4) The location of the childcare development center on the
military installation concerned, including the location in
connection with duty locations of members and applicable military
family housing.
(5) Such other matters as the Secretary of the military
department concerned considers appropriate for purposes of this
section.
(c) Childcare Coordinators for Military Installations.--Each
Secretary of a military department may provide for a childcare
coordinator at each military installation under the jurisdiction of the
Secretary at which are stationed significant numbers of members of the
Armed Forces with accompanying dependent children, as determined by the
Secretary. The childcare coordinator may work with the commander of the
installation to ensure that childcare is available and responsive to
the needs of members assigned to the installation.
SEC. 559. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE FOR
CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT CHILD DEVELOPMENT
CENTERS.
(a) In General.--The Secretary of Defense may appoint, without
regard to any provision of subchapter I of chapter 33 of title 5,
United States Code, qualified childcare services providers in the
competitive service if the Secretary determines that--
(1) there is a critical hiring need for childcare services
providers for Department of Defense child development centers; and
(2) there is a shortage of childcare services providers.
(b) Regulations.--The Secretary shall carry out this section in
accordance with regulations prescribed by the Secretary for purposes of
this section.
(c) Deadline for Implementation.--The Secretary shall prescribe the
regulations required by subsection (b), and commence implementation of
subsection (a), by not later than May 1, 2018.
(d) Briefing.--Not later than 90 days after the end of each of
fiscal years 2019 and 2021, the Secretary of Defense shall provide a
briefing to the Committee on Armed Services of the House of
Representatives, the Committee on Armed Services of the Senate, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate on the use of the appointment
authority provided by subsection (a).
(e) Childcare Services Provider Defined.--In this section, the term
``childcare services provider'' means a person who provides childcare
services for dependent children of members of the Armed Forces and
civilian employees of the Department of Defense in child development
centers on Department installations.
(f) Expiration of Authority.--The appointment authority provided by
subsection (a) expires on September 30, 2021.
SEC. 560. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNERSHIPS FOR TELEWORK
FACILITIES FOR MILITARY SPOUSES ON MILITARY INSTALLATIONS OUTSIDE
THE UNITED STATES.
(a) In General.--Commencing not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall carry out
a pilot program to assess the feasability and advisability of providing
telework facilities for military spouses on military installations
outside the United States. The Secretary shall consult with the host
nation or nations concerned in carrying out the pilot program.
(b) Number of Installations.--The Secretary shall carry out the
pilot program at not less than two military installations outside the
United States selected by the Secretary for purposes of the pilot
program.
(c) Duration.--The duration of the pilot program shall be a period
selected by the Secretary, but not more than three years.
(d) Elements.--The pilot program shall include the following
elements:
(1) The pilot program shall be conducted as one or more public-
private partnerships between the Department of Defense and a
private corporation or partnership of private corporations.
(2) The corporation or corporations participating in the pilot
program shall contribute to the carrying out of the pilot program
an amount equal to the amount committed by the Secretary to the
pilot program at the time of its commencement.
(3) The Secretary shall enter into one or more memoranda of
understanding with the corporation or corporations participating in
the pilot program for purposes of the pilot program, including the
amounts to be contributed by such corporation or corporations
pursuant to paragraph (2).
(4) The telework undertaken by military spouses under the pilot
program may only be for United States companies.
(5) The pilot program shall permit military spouses to provide
administrative, informational technology, professional, and other
necessary support to companies through telework from Department
installations outside the United States.
(e) Funding.--Of the amount authorized to be appropriated for
fiscal year 2018 by section 421 and available for military personnel as
specified in the funding table in section 4401, up to $1,000,000 may be
available to carry out the pilot program, including entry into
memoranda of understanding pursuant to subsection (d)(3) and payment by
the Secretary of the amount committed by the Secretary to the pilot
program pursuant to subsection (d)(2).
Subtitle G--Decorations and Awards
SEC. 561. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO GARLIN
M. CONNER FOR ACTS OF VALOR DURING WORLD WAR II.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Medal of Honor under section 3741 of such title to Garlin M.
Conner for the acts of valor during World War II described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Garlin M. Conner during combat on
January 24, 1945, as a member of the United States Army in the grade of
First Lieutenant in France while serving with Company K, 3d Battalion,
7th Infantry Regiment, 3d Infantry Division, for which he was
previously awarded the Distinguished-Service Cross.
SEC. 562. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE CROSS TO
SPECIALIST FRANK M. CRARY FOR ACTS OF VALOR IN VIETNAM.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President may award the
Distinguished-Service Cross under section 3742 of such title to
Specialist Frank M. Crary for the acts of valor in Vietnam described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Frank M. Crary on April 7, 1966, as a
member of the Army serving in the grade of Specialist in Vietnam while
serving with Company D, 1st Battalion (Airborne), 12th Cavalry
Regiment, 1st Cavalry Division.
Subtitle H--Miscellaneous Reporting Requirements
SEC. 571. ANALYSIS AND REPORT ON ACCOMPANIED AND UNACCOMPANIED
TOURS OF DUTY IN REMOTE LOCATIONS WITH HIGH FAMILY SUPPORT COSTS.
(a) Analysis Required.--The Secretary of Defense shall conduct a
comparative analysis of accompanied tours of duty and unaccompanied
tours of duty of members of the Armed Forces in remote locations with
high family support costs (including facility construction and
operation costs), including--
(1) the Azores;
(2) United States Naval Station, Guantanamo Bay, Cuba;
(3) Okinawa, Japan;
(4) the Republic of Korea;
(5) Kwajalein Atoll;
(6) Al Udeid Air Base, Qatar; and
(7) such other locations as the Secretary considers appropriate
for purposes of the analysis.
(b) Reporting Requirement.--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 containing the results of
the analysis conducted under subsection (a).
SEC. 572. REVIEW AND REPORTS ON POLICIES FOR REGULAR AND RESERVE
OFFICER CAREER MANAGEMENT.
(a) Review Required.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall conduct a
review of the policies of the Department of Defense for the career
management of regular and reserve officers of the Armed Forces pursuant
to the Defense Officer Personnel Management Act (commonly referred to
as ``DOPMA'') and the Reserve Officer Personnel Management Act
(commonly referred to as ``ROPMA'').
(b) Elements of Review.--The review required by subsection (a)
shall include the following:
(1) A statistical analysis, based on exit surveys and other
data available to the military departments, on the impact that
current personnel policies under the Defense Officer Personnel
Management Act have on recruiting and retention of qualified
regular and reserve officers of the Armed Forces. Specifically, the
statistical analysis shall include an estimate of the number of
officers who leave the Armed Forces each year because of
dissatisfaction with the current personnel policies, including
career progression, promotion policies, and a perceived lack of
opportunity for schooling and broadening assignments.
(2) An analysis of the extent to which current personnel
policies inhibit the professional development of officers.
(3) An analysis of the impact that increased flexibility in
promotion, assignments, and career length would have on officer
competency in their military occupational specialties.
(4) An analysis of the efficacy of officer talent management
systems currently used by the military departments.
(5) An analysis of the benefits and limitations of the current
promotion timelines and the ``up-or-out'' system required by policy
and law.
(6) An analysis of the reasons and frequency with which
officers in the grade of O-3 or above are passed over for promotion
to the next higher grade, particularly those officers who have
pursued advanced degrees, broadening assignments, and non-
traditional career patterns.
(7) The utility and feasibility of creating new competitive
categories or an independent career and promotion path for officers
in low-density military occupational specialties.
(8) An analysis of how best to encourage and facilitate the
recruitment and retention of officers with technical expertise.
(9) The utility and feasibility of encouraging officers to
pursue careers of lengths that vary from the traditional 20-year
military career and the mechanisms that could be employed to
encourage officers to pursue these varying career lengths.
(10) An analysis of what actions have been or could be taken
within current statutory authority to address officer management
challenges.
(11) An analysis of what actions can be taken by the Armed
Forces to change the institutional culture regarding commonly held
perceptions on appropriate promotion timelines, career progression,
and traditional career patterns.
(12) An analysis of how the Armed Forces can avoid an officer
corps disproportionately weighted toward officers serving in the
grades of major, lieutenant colonel, and colonel and Navy grades of
lieutenant commander, commander, and captain, if statutory officer
grade caps are relaxed.
(13) The utility and feasibility of allowing officers to
repeatedly and seamlessly transition between active duty and
reserve active-status throughout the course of their military
careers.
(14) An analysis of the current officer force-shaping
authorities and any changes needed to these authorities to improve
recruiting, retention, and readiness.
(15) An analysis of any other matters the Secretary of Defense
considers appropriate to improve the effective recruitment and
retention of officers.
(c) Reporting Requirements.--
(1) Initial report.--Not later than March 1, 2018, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
evaluating the impact on officer retention of granting promotion
boards the authority to recommend officers of particular merit be
placed at the top of the promotion list.
(2) Complete report.--Not later than July 31, 2018, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
setting forth the results of the review conducted under subsection
(a).
(3) Scope of report.--If any recommendation of the Secretary of
Defense in a report required by this subsection requires
legislative or administrative action for implementation, the report
shall include a proposal for legislative action, or a description
of administrative action, as applicable, to implement such
recommendation.
SEC. 573. REVIEW AND REPORT ON EFFECTS OF PERSONNEL REQUIREMENTS
AND LIMITATIONS ON THE AVAILABILITY OF MEMBERS OF THE NATIONAL
GUARD FOR THE PERFORMANCE OF FUNERAL HONORS DUTY FOR VETERANS.
(a) Review Required.--The Secretary of Defense shall undertake a
review of the effects of the personnel requirements and limitations
described in subsection (b) with respect to the members of the National
Guard in order to determine whether or not such requirements unduly
limit the ability of the Armed Forces to meet the demand for personnel
to perform funeral honors in connection with funerals of veterans.
(b) Personnel Requirements and Limitations.--The personnel
requirements and limitations described in this subsection are the
following:
(1) Requirements, such as the ceiling on the authorized number
of members of the National Guard on active duty pursuant to section
115(b)(2)(B) of title 10, United States Code, or end-strength
limitations, that may operate to limit the number of members of the
National Guard available for the performance of funeral honors
duty.
(2) Any other requirements or limitations applicable to the
reserve components of the Armed Forces in general, or the National
Guard in particular, that may operate to limit the number of
members of the National Guard available for the performance of
funeral honors duty.
(c) Report.--Not later than six months 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 review undertaken pursuant to subsection (a). The report shall
include the following:
(1) A description of the review.
(2) Such recommendations as the Secretary considers appropriate
in light of the review for legislative or administrative action to
expand the number of members of the National Guard available for
the performance of funeral honors functions at funerals of
veterans.
SEC. 574. REVIEW AND REPORT ON AUTHORITIES FOR THE EMPLOYMENT, USE,
AND STATUS OF NATIONAL GUARD AND RESERVE TECHNICIANS.
(a) Review Required.--The Secretary of Defense shall conduct a
review of the following:
(1) Authority for the employment, use, and status of National
Guard technicians under section 709 of title 32, United States Code
(commonly referred to as the National Guard Technicians Act of
1968).
(2) Authorities for the employment, use, and status of National
Guard and Reserve technicians under sections 10216 through 10218 of
title 10, United States Code.
(3) Any other authorities on the employment, use, and status of
National Guard and Reserve technicians under law.
(b) Purposes.--The purposes of the review under subsection (a)
shall be as follows:
(1) To define the mission and requirements of National Guard
and Reserve technicians.
(2) To identify means to improve the management and
administration of the National Guard and Reserve technician
workforce.
(3) To identify means to enhance the capability of the
Department of Defense to recruit and retain National Guard and
Reserve technicians.
(4) To assess the current career progression tracks of National
Guard and Reserve technicians.
(c) Consultation.--In conducting the review under subsection (a),
the Secretary of Defense shall consult with the Chief of the National
Guard Bureau, the Chief of Army Reserve, the Chief of Air Force
Reserve, and representatives of National Guard and Reserve technicians,
including collective bargaining representatives of such technicians.
(d) Inclusion of Recent Authorities in Review.--The Secretary of
Defense shall ensure that the review conducted under subsection (a)
takes into account authorities, and modifications of authorities, for
the employment, use, and status of National Guard and Reserve
technicians contained in the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92) and the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
(e) Required Review Elements.--In meeting the purposes of the
review conducted under subsection (a), as set forth in subsection (b),
the Secretary of Defense shall address, in particular, the following:
(1) The extent to which National Guard and Reserve technicians
are assigned military duties inconsistent with, or of a different
nature than, their civilian duties, the impact of such assignments
on unit readiness, and the effect of such assignments on the career
progression of technicians.
(2) The use by the Department of Defense (especially within the
National Guard) of selective retention boards to separate National
Guard and Reserve technicians from military service (with the
effect of thereby separating them from civilian service) before
they accrue a full, unreduced retirement annuity in connection with
Federal civilian service, and whether that use is consistent with
the authority in section 10216(f) of title 10, United States Code,
that technicians be permitted to remain in service past their
mandatory separation date until they qualify for an unreduced
retirement annuity.
(3) The impact on recruitment and retention, and the budgetary
impact, of permitting National Guard and Reserve technicians who
receive an enlistment incentive before becoming a technician to
retain such incentive upon becoming a technician.
(f) Reporting Requirement.--Not later than April 1, 2018, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report containing--
(1) the results of the review conducted under subsection (a),
including a discussion of the matters set forth in subsections (b)
and (e); and
(2) such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
review in order to improve and enhance the employment, use, and
status of National Guard and Reserve technicians.
SEC. 575. ASSESSMENT AND REPORT ON EXPANDING AND CONTRACTING FOR
CHILDCARE SERVICES OF THE DEPARTMENT OF DEFENSE.
(a) Assessment Required.--The Secretary of Defense shall conduct an
assessment of the feasibility and advisability of the following:
(1) Expanding the operating hours of childcare facilities of
the Department of Defense in order to meet childcare services
requirements for swing-shift, night-shift, and weekend workers.
(2) Using contracts with private-sector childcare services
providers to expand the availability of childcare services for
members of the Armed Forces at locations outside military
installations at costs similar to the current costs for childcare
services through child development centers on military
installations.
(3) Contracting with private-sector childcare services
providers to operate childcare facilities of the Department on
military installations.
(4) Expanding childcare services as described in paragraphs (1)
through (3) to members of the National Guard and Reserves in a
manner that does not substantially raise costs of childcare
services for the military departments or conflict with others who
have a higher priority for space in childcare services programs,
such as members of the Armed Forces on active duty.
(b) Reporting Requirement.--Not later than September 1, 2018, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report containing the
results of the assessment conducted under subsection (a).
SEC. 576. REVIEW AND REPORT ON COMPENSATION PROVIDED CHILDCARE
SERVICES PROVIDERS OF THE DEPARTMENT OF DEFENSE.
(a) Review Required.--The Secretary of Defense shall conduct a
review of the compensation provided for childcare services providers
within the Department of Defense, including positions subject to
General Schedule pay grades and positions occupied by nonappropriated
fund instrumentality employees.
(b) Elements of Review.--The review conducted under subsection (a)
shall include the following:
(1) A comparison of the compensation provided for childcare
services provider positions within the Department with the
compensation provided to childcare services providers in the
private sector who provide similar childcare services.
(2) An assessment of the mix of General Schedule pay grades and
compensation levels for nonappropriated fund instrumentality
employees currently required by the Department to most effectively
recruit and retain childcare services providers for dependents of
members of the Armed Forces.
(3) A comparison of the budget implications of the current
General Schedule pay grade mix and nonappropriated fund
instrumentality compensation levels with the pay grade mix and
compensation levels determined pursuant to paragraph (2) to be
required by the Department to most effectively recruit and retain
childcare services providers for dependents of members of the Armed
Forces.
(c) Reporting Requirement.--Not later than September 1, 2018, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report containing the
results of the review conducted under subsection (a).
SEC. 577. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT AND
REPORT ON THE OFFICE OF COMPLEX INVESTIGATIONS WITHIN THE
NATIONAL GUARD BUREAU.
(a) Assessment Required.--The Comptroller General of the United
States shall conduct an assessment on the purpose, structure, and
effectiveness of the Office of Complex Investigations within the
National Guard Bureau.
(b) Elements of Assessment.--The assessment conducted under
subsection (a) shall address the following:
(1) The purpose of the Office of Complex Investigations and the
criteria used to determine which cases will be investigated by the
office.
(2) The services provided by the Office of Complex
Investigations.
(3) The authority under which the Office of Complex
Investigations may investigate violations of State law.
(4) The structure of the Office of Complex Investigations,
including--
(A) the number of individuals assigned, both permanently
and temporarily, to the office;
(B) the organizational structure of the office; and
(C) the annual budget of the office, the source of funding,
and the extent to which States are required to reimburse the
Department of Defense for activities conducted by the office.
(5) The extent to which the investigations conducted by the
Office of Complex Investigations could be conducted by another
State or Federal entity.
(6) The policies governing the Office of Complex
Investigations, and the extent to which the office adheres to these
policies.
(7) The training provided to investigators and other employees
of the Office of Complex Investigations.
(8) Any other matters the Comptroller General considers
relevant to the assessment.
(c) Reporting Requirement.--Not later than October 31, 2018, the
Comptroller General shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report containing the
results of the assessment conducted under subsection (a).
SEC. 578. MODIFICATION OF SUBMITTAL DATE OF COMPTROLLER GENERAL OF
THE UNITED STATES REPORT ON INTEGRITY OF THE DEPARTMENT OF
DEFENSE WHISTLEBLOWER PROGRAM.
Section 536(a) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2124) is amended by striking
``18 months after the date of the enactment of this Act'' and inserting
``December 31, 2018''.
Subtitle I--Other Matters
SEC. 581. EXPANSION OF UNITED STATES AIR FORCE INSTITUTE OF
TECHNOLOGY ENROLLMENT AUTHORITY TO INCLUDE CIVILIAN EMPLOYEES OF
THE HOMELAND SECURITY INDUSTRY.
(a) Definition.--Subsection (b) of section 9314a of title 10,
United States Code, is amended to read as follows:
``(b) Covered Private Sector Employee Defined.--(1) In this
section, the term `covered private sector employee' means--
``(A) an individual employed by a private firm that is engaged
in providing to the Department of Defense significant and
substantial defense-related systems, products, or services; or
``(B) an individual employed by a private firm in one of the
critical infrastructure sectors identified in Presidential Policy
Directive 21 (Critical Infrastructure Security and Resilience).
``(2) A covered private sector employee admitted for instruction at
the United States Air Force Institute of Technology remains eligible
for such instruction only so long as the person remains employed by the
same firm.''.
(b) Use of Defined Term.--Section 9314a of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``defense industry employees described
in subsection (b)'' and inserting ``a covered private
sector employee''; and
(ii) by striking ``Any such defense industry employee''
and inserting ``A covered private sector employee'';
(B) in paragraph (2), by striking ``defense industry
employees'' and inserting ``covered private sector employees'';
and
(C) in paragraph (3), by striking ``defense industry
employee'' both places it appears and inserting ``covered
private sector employee'';
(2) in subsection (c)--
(A) by striking ``Defense industry employees'' and
inserting ``A covered private sector employee''; and
(B) by striking ``defense industry employees'' and
inserting ``covered private sector employees'';
(3) in subsection (d)(1), by striking ``defense industry
employees'' and inserting ``a covered private sector employee'';
and
(4) in subsection (f), by striking ``defense industry
employees'' and inserting ``covered private sector employees''.
(c) Other Conforming Amendments.--Section 9314a of title 10, United
States Code, is further amended--
(1) in subsection (a)(1), by striking ``a defense focused'' and
inserting ``a defense-focused or homeland security-focused''; and
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``or homeland security''
after ``and defense''; and
(B) in paragraph (2), by inserting before the period at the
end the following: ``or the Department of Homeland Security, as
applicable''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of section 9314a of title 10,
United States Code, is amended to read as follows:
``Sec. 9314a. United States Air Force Institute of Technology:
admission of certain private sector civilians''.
(2) Table of sections.--The table of sections at the beginning
of chapter 901 of title 10, United States Code, is amended by
striking the item relating to section 9314a and inserting the
following new item:
``9314a. United States Air Force Institute of Technology: admission of
certain private sector civilians.''.
SEC. 582. CONDITIONAL DESIGNATION OF EXPLOSIVE ORDNANCE DISPOSAL
CORPS AS A BASIC BRANCH OF THE ARMY.
(a) Conditional Designation.--Subject to subsection (b), section
3063(a) of title 10, United States Code, is amended--
(1) in paragraph (12), by striking ``and'';
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following new
paragraph (13):
``(13) Explosive Ordnance Disposal Corps; and''.
(b) Delayed Effective Date and Condition on Execution.--
(1) Effective date.--The amendments made by subsection (a)
shall take effect on October 1, 2020, but only if the report
required by paragraph (2) is not submitted before that date as
required by such paragraph.
(2) Reporting requirement.--Not later than September 30, 2020,
the Secretary of the Army shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
containing certifications that the following actions have occurred
as of that date:
(A) The defense budget materials display funding
requirements for explosive ordnance disposal separately and a
program of record is established and maintained for explosive
ordnance disposal.
(B) A process has been established to ensure that, by not
later than five years after the date of the enactment of this
Act, there is, and will continue to be, at least one general
officer in the Army qualified regarding issues involving
explosive ordnance disposal to ensure officer professional
development and upward mobility.
(C) The Ordnance Personnel Proponency Office is, and will
continue to be, manned with an explosive ordnance disposal
officer to oversee explosive ordnance disposal officer and
enlisted personnel proponency.
(D) Explosive ordnance disposal officer education has been
included in a basic officer leadership course, a captains
career course, and a policy and planning course specific to
explosive ordnance disposal as part of intermediate level
education and pre-command courses.
(E) The office of the Army Deputy Chief of Staff, G8, and
the office of the Army Deputy Chief of Staff, G3, have, and
will continue to be, manned with explosive ordnance disposal
officers responsible for the decision management decision
packages, ammunition organizational integration, and force
modernization related to explosive ordnance disposal.
(F) The Army has established and maintained explosive
ordnance disposal cells at the Army Forces Command, Army
Service Component Commands, Army Special Operations Command,
Army Training and Doctrine Command, and the Army Capability and
Integration Center.
(3) Notice of report.--The Secretary of the Army shall notify
the Law Revision Counsel of the House of Representatives of the
submission of the report under paragraph (2) so that the Law
Revision Counsel does not execute the amendments made by subsection
(a).
SEC. 583. DESIGNATION OF OFFICE WITHIN OFFICE OF THE SECRETARY OF
DEFENSE TO OVERSEE USE OF FOOD ASSISTANCE PROGRAMS BY MEMBERS OF
THE ARMED FORCES ON ACTIVE DUTY.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall designate an office or official within
the Office of the Secretary of Defense for purposes as follows:
(1) To discharge responsibility for overseeing the efforts of
the Department of Defense to collect, analyze, and monitor data on
the use of food assistance programs by members of the Armed Forces
on active duty.
(2) To establish and maintain relationships with other
departments and agencies of the Federal Government to facilitate
the discharge of the responsibility specified in paragraph (1).
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Annual adjustment of basic monthly pay.
Sec. 602. Prohibiting collection of additional amounts from members
living in units under Military Housing Privatization
Initiative.
Sec. 603. Limitation on modification of payment authority for Military
Housing Privatization Initiative housing.
Sec. 604. Housing treatment for certain members of the Armed Forces, and
their spouses and other dependents, undergoing a permanent
change of station within the United States.
Sec. 605. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 606. Reevaluation of BAH for the military housing area including
Staten Island.
Subtitle B--Bonus and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Report regarding the national pilot shortage.
Sec. 617. Special aviation incentive pay and bonus authorities for
enlisted members who operate remotely piloted aircraft.
Sec. 618. Technical and conforming amendments relating to 2008
consolidation of special pay authorities.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
Sec. 621. Permanent extension and cost-of-living adjustments of special
survivor indemnity allowances under the Survivor Benefit Plan.
Sec. 622. Adjustments to Survivor Benefit Plan for members electing lump
sum payments of retired pay under the modernized retirement
system for members of the uniformed services.
Sec. 623. Technical correction regarding election to participate in
modernized retirement system for reserve component members
experiencing a break in service.
Sec. 624. Technical corrections to use of member's current pay grade and
years of service in a division of property involving
disposable retired pay.
Sec. 625. Continuation pay for the Coast Guard.
Subtitle D--Other Matters
Sec. 631. Land conveyance authority, Army and Air Force Exchange Service
property, Dallas, Texas.
Sec. 632. Authority for the Secretaries of the military departments to
provide for care of remains of those who die on active duty
and are interred in a foreign cemetery.
Sec. 633. Construction of domestic source requirement for footwear
furnished to enlisted members of the Armed Forces on initial
entry into the Armed Forces.
Sec. 634. Review and update of regulations governing debt collectors
interactions with unit commanders of members of the Armed
Forces.
Subtitle A--Pay and Allowances
SEC. 601. ANNUAL ADJUSTMENT OF BASIC MONTHLY PAY.
The adjustment in the rates of monthly basic pay required by
subsection (a) of section 1009 of title 37, United States Code, to be
made on January 1, 2018, shall take effect, notwithstanding any
determination made by the President under subsection (e) of such
section with respect to an alternative pay adjustment to be made on
such date.
SEC. 602. PROHIBITING COLLECTION OF ADDITIONAL AMOUNTS FROM MEMBERS
LIVING IN UNITS UNDER MILITARY HOUSING PRIVATIZATION INITIATIVE.
(a) Prohibition.--Subchapter IV of chapter 169 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2886. Prohibiting collection of amounts in addition to rent from
members assigned to units
``(a) Prohibition.--An agreement for acquiring or constructing a
military family housing unit or military unaccompanied housing unit
under this subchapter which is entered into between the Secretary and
an eligible entity shall prohibit the entity from imposing on a member
of the armed forces who occupies the unit a supplemental payment, such
as an out-of-pocket fee, in addition to the amount of rent the eligible
entity charges for a unit of similar size and composition, without
regard to whether or not the amount of the member's basic allowance for
housing is less than the amount of the rent.
``(b) Permitting Certain Additional Payments.--Nothing in this
section shall be construed to prohibit an eligible entity from imposing
an additional payment for optional services provided to residents, such
as access to a gym or a parking space, or an additional payment for
non-essential utility services, as determined in accordance with
regulations promulgated by the Secretary.
``(c) No Effect on Rental Guarantees or Differential Lease
Payments.--Nothing in this section shall be construed to limit or
otherwise affect the authority of the Secretary to enter into rental
guarantee agreements under section 2876 of this title or to make
differential lease payments under section 2877 of this title, so long
as such agreements or payments do not require a member of the armed
forces who is assigned to a military family housing unit or military
unaccompanied housing unit under this subchapter to pay an out-of-
pocket fee or payment in addition to the member's basic housing
allowance.''.
(b) Clerical Amendment.--The table of sections for subchapter IV of
chapter 169 of such title is amended by adding at the end the following
new item:
``2886. Prohibiting collection of amounts in addition to rent from
members assigned to units.''.
SEC. 603. LIMITATION ON MODIFICATION OF PAYMENT AUTHORITY FOR
MILITARY HOUSING PRIVATIZATION INITIATIVE HOUSING.
(a) In General.--For each month during 2018, the Secretary of
Defense shall pay to a lessor of covered housing 1 percent of the
amount calculated under section 403(b)(3)(A)(i) of title 37, United
States Code, for the area in which the covered housing exists.
(b) Definition.--In this section, the term ``covered housing''
means a unit of housing--
(1) acquired or constructed under the alternative authority of
subchapter IV of chapter 169 of title 10, United States Code (known
as the Military Housing Privatization Initiative);
(2) that is leased to a member of a uniformed service who
resides in such unit; and
(3) for which the lessor charges such member rent that equals
or exceeds the amount calculated under section 403(b)(3)(A) of
title 37, United States Code.
(c) GAO Review.--Not later than March 1, 2018, 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:
(1) The management of the Military Housing Privatization
Initiative to date.
(2) Plans for the Military Housing Privatization Initiative
after March 1, 2018.
(3) The viability of the Military Housing Privatization
Initiative after March 1, 2018.
(4) Alternatives to the Military Housing Privatization
Initiative.
SEC. 604. HOUSING TREATMENT FOR CERTAIN MEMBERS OF THE ARMED
FORCES, AND THEIR SPOUSES AND OTHER DEPENDENTS, UNDERGOING A
PERMANENT CHANGE OF STATION WITHIN THE UNITED STATES.
(a) Housing Treatment.--
(1) In general.--Chapter 7 of title 37, United States Code, is
amended by inserting after section 403 the following new section:
``Sec. 403a. Housing treatment for certain members of the armed forces,
and their spouses and other dependents, undergoing a permanent
change of station within the United States
``(a) Housing Treatment for Certain Members Who Have a Spouse or
Other Dependents.--
``(1) Housing treatment regulations.--The Secretary of Defense
shall prescribe regulations that permit a member of the armed
forces described in paragraph (2) who is undergoing a permanent
change of station within the United States to request the housing
treatment described in subsection (b) during the covered relocation
period of the member.
``(2) Eligible members.--A member described in this paragraph
is any member who--
``(A) has a spouse who is gainfully employed or enrolled in
a degree, certificate or license granting program at the
beginning of the covered relocation period;
``(B) has one or more dependents attending an elementary or
secondary school at the beginning of the covered relocation
period;
``(C) has one or more dependents enrolled in the
Exceptional Family Member Program; or
``(D) is caring for an immediate family member with a
chronic or long-term illness at the beginning of the covered
relocation period.
``(b) Housing Treatment.--
``(1) Continuation of housing for the spouse and other
dependents.--If a spouse or other dependent of a member whose
request under subsection (a) is approved resides in Government-
owned or Government-leased housing at the beginning of the covered
relocation period, the spouse or other dependent may continue to
reside in such housing during a period determined in accordance
with the regulations prescribed pursuant to this section.
``(2) Early housing eligibility.--If a spouse or other
dependent of a member whose request under subsection (a) is
approved is eligible to reside in Government-owned or Government-
leased housing following the member's permanent change of station
within the United States, the spouse or other dependent may
commence residing in such housing at any time during the covered
relocation period.
``(3) Temporary use of government-owned or government-leased
housing intended for members without a spouse or dependent.--If a
spouse or other dependent of a member relocates at a time different
from the member in accordance with a request approved under
subsection (a), the member may be assigned to Government-owned or
Government-leased housing intended for the permanent housing of
members without a spouse or dependent until the member's detachment
date or the spouse or other dependent's arrival date, but only if
such Government-owned or Government-leased housing is available
without displacing a member without a spouse or dependent at such
housing.
``(4) Equitable basic allowance for housing.--If a spouse or
other dependent of a member relocates at a time different from the
member in accordance with a request approved under subsection (a),
the amount of basic allowance for housing payable may be based on
whichever of the following areas the Secretary concerned determines
to be the most equitable:
``(A) The area of the duty station to which the member is
reassigned.
``(B) The area in which the spouse or other dependent
resides, but only if the spouse or other dependent resides in
that area when the member departs for the duty station to which
the member is reassigned, and only for the period during which
the spouse or other dependent resides in that area.
``(C) The area of the former duty station of the member,
but only if that area is different from the area in which the
spouse or other dependent resides.
``(c) Rule of Construction Related to Certain Basic Allowance for
Housing Payments.--Nothing in this section shall be construed to limit
the payment or the amount of basic allowance for housing payable under
section 403(d)(3)(A) of this title to a member whose request under
subsection (a) is approved.
``(d) Housing Treatment Education.--The regulations prescribed
pursuant to this section shall ensure the relocation assistance
programs under section 1056 of title 10 include, as part of the
assistance normally provided under such section, education about the
housing treatment available under this section.
``(e) Definitions.--In this section:
``(1) Covered relocation period.--(A) Subject to subparagraph
(B), the term `covered relocation period', when used with respect
to a permanent change of station of a member of the armed forces,
means the period that--
``(i) begins 180 days before the date of the permanent
change of station; and
``(ii) ends 180 days after the date of the permanent change
of station.
``(B) The regulations prescribed pursuant to this section may
provide for a shortening or lengthening of the covered relocation
period of a member for purposes of this section.
``(2) Dependent.--The term `dependent' has the meaning given
that term in section 401 of this title.
``(3) Permanent change of station.--The term `permanent change
of station' means a permanent change of station described in
section 452(b)(2) of this title.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 7 such title is amended by inserting after the item
relating to section 403 the following new item:
``403a. Housing treatment for certain members of the armed forces, and
their spouses and other dependents, undergoing a permanent
change of station within the United States.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2018.
SEC. 605. 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, 2017'' and inserting ``December 31, 2018''.
SEC. 606. REEVALUATION OF BAH FOR THE MILITARY HOUSING AREA
INCLUDING STATEN ISLAND.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense, using the most recent data available to the
Secretary, shall reevaluate the basic housing allowance prescribed
under section 403(b) of title 37, United States Code, for the military
housing area that includes Staten Island, New York.
Subtitle B--Bonus 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, 2017'' and inserting ``December 31, 2018'':
(1) Section 308b(g), relating to Selected Reserve reenlistment
bonus.
(2) Section 308c(i), relating to Selected Reserve affiliation
or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve enlistment
bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment and
reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve enlistment
and reenlistment bonus for persons with prior service.
(7) Section 478a(e), relating to reimbursement of travel
expenses for inactive-duty training outside of normal commuting
distance.
(8) Section 910(g), relating to income replacement payments for
reserve component members experiencing extended and frequent
mobilization for active duty service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title 10,
United States Code, are amended by striking ``December 31, 2017'' and
inserting ``December 31, 2018'':
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education loans
for certain health professionals who serve in the Selected Reserve.
(b) Title 37 Authorities.--The following sections of title 37,
United States Code, are amended by striking ``December 31, 2017'' and
inserting ``December 31, 2018'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay for
nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for dental
officers.
(6) Section 302j(a), relating to accession bonus for pharmacy
officers.
(7) Section 302k(f), relating to accession bonus for medical
officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES
FOR NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2017'' and inserting ``December 31, 2018'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37
CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2017'' and inserting ``December 31, 2018'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive pay
authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive pay
and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive pay
authorities for officers in health professions.
(6) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers' Training
Corps.
(7) Section 351(h), relating to hazardous duty pay.
(8) Section 352(g), relating to assignment pay or special duty
pay.
(9) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(10) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to high
priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2017'' and inserting ``December 31, 2018'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for active
members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 316a(g), relating to incentive pay for members of
precommissioning programs pursuing foreign language proficiency.
(6) Section 324(g), relating to accession bonus for new
officers in critical skills.
(7) Section 326(g), relating to incentive bonus for conversion
to military occupational specialty to ease personnel shortage.
(8) Section 327(h), relating to incentive bonus for transfer
between Armed Forces.
(9) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 616. REPORT REGARDING THE NATIONAL PILOT SHORTAGE.
(a) In General.--Not later than April 30, 2018, the Comptroller
General of the United States shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a report
regarding the extent of the national pilot shortage and the impact that
such shortage has on the ability of the Department of Defense to retain
pilots.
(b) Elements.--The report under subsection (a) shall include
assessments of the following:
(1) The severity of the national pilot shortage, including
which of the following are most acutely affected by such shortage--
(A) geographic areas of the United States; and
(B) sectors of the commercial aviation industry;
(2) Compensation practices within the commercial aviation
industry, including whether and how such practices affect the
ability of the Department of Defense to retain pilots.
(3) The annual business case of the Secretary of the Air Force
for aviation bonus payments under section 334(c)(2) of title 37,
United States Code, specifically--
(A) whether the business case meets the requirements under
such section of title 37;
(B) whether the business case justifies the bonus amount
for each aircraft type category; and
(C) whether projections indicate that the business case
will reduce the pilot shortage, and, if so, how quickly for
each aircraft type category.
(4) Non-monetary incentives the Secretary of the Air Force has
used to retain pilots.
(5) Other incentives available under current law and policies
of the Department of Defense to increase retention of pilots.
(6) Such other matters as the Comptroller General considers
appropriate.
SEC. 617. SPECIAL AVIATION INCENTIVE PAY AND BONUS AUTHORITIES FOR
ENLISTED MEMBERS WHO OPERATE REMOTELY PILOTED AIRCRAFT.
(a) In General.--Chapter 5 of title 37, United States Code, is
amended by inserting after section 334 the following new section:
``Sec. 334a. Special aviation incentive pay and bonus authorities:
enlisted members who operate remotely piloted aircraft
``(a) Aviation Incentive Pay.--
``(1) Incentive pay authorized.--The Secretary concerned may
pay aviation incentive pay under this section to an enlisted member
in a regular or reserve component of a uniformed service who--
``(A) is entitled to basic pay under section 204 of this
title or compensation under 206 of this title;
``(B) is designated as a remotely piloted aircraft pilot,
or is in training leading to such a designation;
``(C) engages in, or is in training leading to, frequent
and regular performance of operational flying duty or
proficiency flying duty;
``(D) engages in or remains in aviation service for a
specified period; and
``(E) meets such other criteria as the Secretary concerned
determines appropriate.
``(2) Enlisted members not currently engaged in flying duty.--
The Secretary concerned may pay aviation incentive pay under this
section to an enlisted member who is otherwise qualified for such
pay but who is not currently engaged in the performance of
operational flying duty or proficiency flying duty if the Secretary
determines, under regulations prescribed under section 374 of this
title, that payment of aviation pay to that enlisted member is in
the best interests of the service.
``(b) Aviation Bonus.--The Secretary concerned may pay an aviation
bonus under this section to an enlisted member in a regular or reserve
component of a uniformed service who--
``(1) is entitled to aviation incentive pay under subsection
(a);
``(2) is within one year of completing the enlistment of the
member;
``(3) reenlists or voluntarily extends the enlistment of the
member--
``(A) for a period of at least one year; or
``(B) in the case of an enlisted member serving pursuant to
an indefinite reenlistment, executes a written agreement--
``(i) to remain on active duty for a period of at least
one year; or
``(ii) to remain in an active status in a reserve
component for a period of at least one year; and
``(4) meets such other criteria as the Secretary concerned
determines appropriate.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned shall determine
the amount of a bonus or incentive pay to be paid under this
section, except that--
``(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).
``(2) Lump sum or installments.--A bonus under this section may
be paid in a lump sum or in periodic installments, as determined by
the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the Secretary
concerned of the written agreement required by subsection (d), the
total amount of the bonus to be paid under the agreement shall be
fixed.
``(d) Written Agreement for Bonus.--To receive an aviation bonus
under this section, an enlisted member determined to be eligible for
the bonus shall enter into a written agreement with the Secretary
concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under subsection
(c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Reserve Component Enlisted Members Performing Inactive Duty
Training.--An enlisted member of reserve component who is entitled to
compensation under section 206 of this title and who is authorized
aviation incentive pay under this section may be paid an amount of
incentive pay that is proportionate to the compensation received under
section 206 of this title for inactive-duty training.
``(f) Relationship to Other Pay and Allowances.--
``(1) Aviation incentive pay.--Aviation incentive pay paid to
an enlisted member under subsection (a) shall be in addition to any
other pay and allowance to which the enlisted member is entitled,
except that an enlisted member may not receive a payment under such
subsection and section 351(a)(2) or 353(a) of this title for the
same skill and period of service.
``(2) Aviation bonus.--An aviation bonus paid to an enlisted
member under subsection (b) shall be in addition to any other pay
and allowance to which the enlisted member is entitled, except that
an enlisted member may not receive a bonus payment under such
subsection and section 331 or 353(b) of this title for the same
skill and period of service.
``(g) Repayment.--An enlisted member who receives aviation
incentive pay or an aviation bonus under this section and who fails to
fulfill the eligibility requirements for the receipt of the incentive
pay or bonus or complete the period of service for which the incentive
pay or bonus is paid, as specified in the written agreement under
subsection (d) in the case of a bonus, shall be subject to the
repayment provisions of section 373 of this title.
``(h) Definitions.--In this section:
``(1) Aviation service.--The term `aviation service' means
participation in aerial flight performed, under regulations
prescribed by the Secretary concerned, by an eligible enlisted
member who is a remotely piloted aircraft pilot.
``(2) Operational flying duty.--The term `operational flying
duty' means flying performed under competent orders by enlisted
members of the regular or reserve components while serving in
assignments in which basic flying skills are normally maintained in
the performance of assigned duties as determined by the Secretary
concerned, and flying duty performed by members in training that
leads to designation as a remotely piloted aircraft pilot by the
Secretary concerned.
``(3) Proficiency flying duty.--The term `proficiency flying
duty' means flying performed under competent orders by enlisted
members of the regular or reserve components while serving in
assignments in which such skills would normally not be maintained
in the performance of assigned duties.
``(i) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2018.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of such title is amended by inserting after the item relating
to section 334 the following new item:
``334a. Special aviation incentive pay and bonus authorities: enlisted
members who operate remotely piloted aircraft.''.
SEC. 618. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO 2008
CONSOLIDATION OF SPECIAL PAY AUTHORITIES.
(a) Repayment Provisions.--
(1) Title 10.--The following provisions of title 10, United
States Code, are each amended by inserting ``or 373'' before ``of
title 37'':
(A) Section 510(i).
(B) Subsections (a)(3) and (c) of section 2005.
(C) Paragraphs (1) and (2) of section 2007(e).
(D) Section 2105.
(E) Section 2123(e)(1)(C).
(F) Section 2128(c).
(G) Section 2130a(d).
(H) Section 2171(g).
(I) Section 2173(g)(2).
(J) Paragraphs (1) and (2) of section 2200a(e).
(K) Section 4348(f).
(L) Section 6959(f).
(M) Section 9348(f).
(N) Subsections (a)(2) and (b) of section 16135.
(O) Section 16203(a)(1)(B).
(P) Section 16301(h).
(Q) Section 16303(d).
(R) Paragraphs (1) and (2) of section 16401(f).
(2) Title 14.--Section 182(g) of title 14, United States Code,
is amended by inserting ``or 373'' before ``of title 37''.
(b) Officers Appointed Pursuant to an Agreement Under Section 329
of Title 37.--Section 641 of title 10, United States Code, is amended
by striking paragraph (6).
(c) Reenlistment Leave.--The matter preceding paragraph (1) of
section 703(b) of title 10, United States Code, is amended by inserting
``or paragraph (1) or (3) of section 351(a)'' after ``section
310(a)(2)''.
(d) Rest and Recuperation Absence for Qualified Members Extending
Duty at Designated Location Overseas.--The matter following paragraph
(4) of section 705(a) of title 10, United States Code, is amended by
inserting ``or 352'' after ``section 314''.
(e) Rest and Recuperation Absence for Certain Members Undergoing
Extended Deployment to Combat Zone.--Section 705a(b)(1)(B) of title 10,
United States Code, is amended by inserting ``or 352(a)'' after
``section 305''.
(f) Additional Incentives for Health Professionals of the Indian
Health Service.--Section 116(a) of the Indian Health Care Improvement
Act (25 U.S.C. 1616i(a)) is amended by inserting ``or 335(b)'' after
``section 302(b)''.
(g) Military Pay and Allowances Continuance While in a Missing
Status.--Section 552(a)(2) of title 37, United States Code, is amended
by inserting ``or section 351(a)(2)'' after ``section 301''.
(h) Military Pay and Allowances.--Section 907(d) of title 37,
United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``or 351'' after
``section 301'';
(B) in subparagraph (B), by inserting ``or 352'' after
``section 301c'';
(C) in subparagraph (C), by inserting ``or 353(a)'' after
``section 304'';
(D) in subparagraph (D), by inserting ``or 352'' after
``section 305'';
(E) in subparagraph (E), by inserting ``or 352'' after
``section 305a'';
(F) in subparagraph (F), by inserting ``or 352'' after
``section 305b'';
(G) in subparagraph (G), by inserting ``or 352'' after
``section 307a'';
(H) in subparagraph (I), by inserting ``or 352'' after
``section 314'';
(I) in subparagraph (J), by striking ``316'' and inserting
``353(b)''; and
(J) in subparagraph (K), by striking ``323'' and inserting
``section 355''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``or 352'' after
``section 307'';
(B) in subparagraph (B), by striking ``308'' and inserting
``331'';
(C) in subparagraph (C), by striking ``309'' and inserting
``331''; and
(D) in subparagraph (D), by inserting ``or 353'' after
``section 320''.
(i) Pay and Allowances of Officers of the Public Health Service.--
Section 208(a)(2) of the Public Health Service Act (42 U.S.C.
210(a)(2)) is amended by inserting ``or 373'' after ``303a(b)''.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
SEC. 621. PERMANENT EXTENSION AND COST-OF-LIVING ADJUSTMENTS OF
SPECIAL SURVIVOR INDEMNITY ALLOWANCES UNDER THE SURVIVOR BENEFIT
PLAN.
Section 1450(m) of title 10, United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (H), by striking ``and'' at the end;
and
(B) by striking subparagraph (I) and inserting the
following new subparagraphs:
``(I) for months from October 2016 through December 2018,
$310; and
``(J) for months during any calendar year after 2018, the
amount determined in accordance with paragraph (6).''; and
(2) by striking paragraph (6) and inserting the following new
paragraph (6):
``(6) Cost-of-living adjustments after 2018.--
``(A) In general.--The amount of the allowance payable
under paragraph (1) for months during any calendar year
beginning after 2018 shall be--
``(i) the amount payable pursuant to paragraph (2) for
months during the preceding calendar year, plus
``(ii) an amount equal to the percentage of the amount
determined pursuant to clause (i) which percentage is equal
to the percentage increase in retired pay of members and
former members of the armed forces for such calendar year
under section 1401a of this title.
``(B) Public notice on amount of allowance payable.--The
Secretary of Defense shall publish in the Federal Register each
year the amount of the allowance payable under paragraph (1)
for months in such year by reason of the operation of this
paragraph.''.
SEC. 622. ADJUSTMENTS TO SURVIVOR BENEFIT PLAN FOR MEMBERS ELECTING
LUMP SUM PAYMENTS OF RETIRED PAY UNDER THE MODERNIZED RETIREMENT
SYSTEM FOR MEMBERS OF THE UNIFORMED SERVICES.
(a) Definition of Base Amount.--Section 1447(6)(A) of title 10,
United States Code, is amended in the matter preceding clause (i) by
inserting ``or 1415(b)(1)(B)'' after ``section 1409(b)(2)''.
(b) Coordination With Reductions in Retired Pay.--Section 1452 of
such title is amended--
(1) in subsection (a)(1), by inserting ``, other than retired
pay received as a lump sum under section 1415(b)(1)(A) of this
title,'' in the matter preceding subparagraph (A) after ``, the
retired pay'';
(2) in subsection (b)(1), by inserting ``, other than retired
pay received as a lump sum under section 1415(b)(1)(A) of this
title,'' after ``The retired pay''; and
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``, other than retired
pay received as a lump sum under section 1415(b)(1)(A) of this
title,'' after ``The retired pay''; and
(B) in paragraph (4), by inserting ``or 1415(b)(1)(B)''
after ``section 1409(b)(2)''.
SEC. 623. TECHNICAL CORRECTION REGARDING ELECTION TO PARTICIPATE IN
MODERNIZED RETIREMENT SYSTEM FOR RESERVE COMPONENT MEMBERS
EXPERIENCING A BREAK IN SERVICE.
(a) Persons Experiencing a Break in Service.--Section
12739(f)(2)(B)(iii) of title 10, United States Code, is amended by
striking ``on the date of the reentry'' and inserting ``within 30 days
after the date of the reentry''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2018, immediately after the coming into
effect of the amendment made by section 631(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
843), to which the amendment made by subsection (a) relates.
SEC. 624. TECHNICAL CORRECTIONS TO USE OF MEMBER'S CURRENT PAY
GRADE AND YEARS OF SERVICE IN A DIVISION OF PROPERTY INVOLVING
DISPOSABLE RETIRED PAY.
(a) In General.--Section 1408 of title 10, United States Code, is
amended--
(1) in subsection (a)(4)--
(A) in the matter preceding clause (i) of subparagraph (A),
by striking ``(as determined pursuant to subparagraph (B)'';
and
(B) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B) For purposes of subparagraph (A), in the case of a
division of property as part of a final decree of divorce,
dissolution, annulment, or legal separation that becomes final
prior to the date of a member's retirement, the total monthly
retired pay to which the member is entitled shall be--
``(i) in the case of a member not described in clause (ii),
the amount of retired pay to which the member would have been
entitled using the member's retired pay base and years of
service on the date of the decree of divorce, dissolution,
annulment, or legal separation, as computed under section 1406
or 1407 of this title, whichever is applicable, increased by
the sum of the cost-of-living adjustments that--
``(I) would have occurred under section 1401a(b) of
this title between the date of the decree of divorce,
dissolution, annulment, or legal separation and the time of
the member's retirement using the adjustment provisions
under section 1401a of this title applicable to the member
upon retirement; and
``(II) occur under 1401a of this title after the
member's retirement; or
``(ii) in the case of a member who becomes entitled to
retired pay pursuant to chapter 1223 of this title, the amount
of retired pay to which the member would have been entitled
using the member's retired pay base and creditable service
points on the date of the decree of divorce, dissolution,
annulment, or legal separation, as computer under chapter 1223
of this title, increased by the sum of the cost-of-living
adjustments as described in clause (i) that apply with respect
to the member.''; and
(2) in subsection (d), by adding at the end the following new
paragraph:
``(8) A division of property award computed as a percentage of a
member's disposable retired pay shall be increased by the same
percentage as any cost-of-living adjustment made under section 1401a
after the member's retirement.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on December 23, 2016, as if enacted immediately following
the enactment of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328) to which such amendments relate.
(c) Applicability.--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 December 23,
2016.
SEC. 625. CONTINUATION PAY FOR THE COAST GUARD.
For providing continuation pay for the United States Coast Guard
under section 356 of title 37, United States Code, funds are hereby
authorized to be appropriated for fiscal year 2018 in the amount of
$3,286,277.
Subtitle D--Other Matters
SEC. 631. LAND CONVEYANCE AUTHORITY, ARMY AND AIR FORCE EXCHANGE
SERVICE PROPERTY, DALLAS, TEXAS.
(a) Conveyance Authorized.--The Army and Air Force Exchange Service
may convey, by sale, exchange, or a combination thereof, all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, that--
(1) is located at 8901 Autobahn Drive in Dallas, Texas; and
(2) was purchased using nonappropriated funds of the Army and
Air Force Exchange Service.
(b) Consideration.--
(1) In general.--Consideration for the real property conveyed
under subsection (a) shall be at least equal to the fair market
value of the property, as determined by the Army and Air Force
Exchange Service.
(2) Treatment of cash consideration.--Notwithstanding section
574 of title 40, United States Code, any cash consideration
received from the conveyance of the property under subsection (a)
may be retained by the Army and Air Force Exchange Service because
the property was acquired using nonappropriated funds.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Army and Air Force
Exchange Service. The recipient of the property shall be required to
cover the cost of the survey.
(d) Additional Terms and Conditions.--The Army and Air Force
Exchange Service may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the Army and Air
Force Exchange Service considers appropriate to protect the interests
of the United States.
(e) Inapplicability of Certain Provisions of Law.--Section 2696 of
title 10, United States Code, shall not apply to a conveyance of
property under this section.
SEC. 632. AUTHORITY FOR THE SECRETARIES OF THE MILITARY DEPARTMENTS
TO PROVIDE FOR CARE OF REMAINS OF THOSE WHO DIE ON ACTIVE DUTY
AND ARE INTERRED IN A FOREIGN CEMETERY.
Section 1482(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(10) In the case of a decedent under the jurisdiction of a
Secretary of a military department at the time of death, enduring
care of remains interred in a foreign cemetery if the burial
location was designated by such Secretary.''.
SEC. 633. CONSTRUCTION OF DOMESTIC SOURCE REQUIREMENT FOR FOOTWEAR
FURNISHED TO ENLISTED MEMBERS OF THE ARMED FORCES ON INITIAL
ENTRY INTO THE ARMED FORCES.
Section 418(d) of title 37, United States Code, is amended by
adding at the end the following new paragraphs:
``(4) This subsection does not apply to the furnishing of athletic
footwear to members of the Army, the Navy, the Air Force, or the Marine
Corps upon their initial entry into the armed forces, or prohibit the
provision of a cash allowance to such members for such purpose, if the
Secretary of Defense determines that compliance with paragraph (2)
would result in a sole source contract for procurement of athletic
footwear for the purpose stated in paragraph (1) because there would be
only a sole certified source of supply for such footwear.
``(5) The Secretary of Defense shall ensure that all procurements
of athletic footwear to which this subsection applies are made using
firm fixed price contracts.''.
SEC. 634. REVIEW AND UPDATE OF REGULATIONS GOVERNING DEBT
COLLECTORS INTERACTIONS WITH UNIT COMMANDERS OF MEMBERS OF THE
ARMED FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall review and update Department of
Defense Directive 1344.09 and any associated regulations to ensure that
such regulations comply with Federal consumer protection laws with
respect to the collection of debt.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Continued access to medical care at facilities of the
uniformed services for certain members of the reserve
components.
Sec. 702. Modifications of cost-sharing requirements for the TRICARE
Pharmacy Benefits Program and treatment of certain
pharmaceutical agents.
Sec. 703. Provision of hyperbaric oxygen therapy for certain members of
the Armed Forces.
Sec. 704. Specification that individuals under the age of 21 are
eligible for hospice care services under the TRICARE program.
Sec. 705. Physical examinations for members of a reserve component who
are separating from the Armed Forces.
Sec. 706. Mental health assessments before members separate from the
Armed Forces.
Sec. 707. Expansion of sexual trauma counseling and treatment for
members of the reserve components.
Sec. 708. Expedited evaluation and treatment for prenatal surgery under
the TRICARE program.
Subtitle B--Health Care Administration
Sec. 711. Maintenance of inpatient capabilities of military medical
treatment facilities located outside the United States.
Sec. 712. Modification of priority for evaluation and treatment of
individuals at military treatment facilities.
Sec. 713. Clarification of administration of military medical treatment
facilities.
Sec. 714. Regular update of prescription drug pricing standard under
TRICARE retail pharmacy program.
Sec. 715. Modification of execution of TRICARE contracting
responsibilities.
Sec. 716. Additional emergency uses for medical products to reduce
deaths and severity of injuries caused by agents of war.
Sec. 717. Modification of determination of average wait times at urgent
care clinics and pharmacies at military medical treatment
facilities under pilot program.
Sec. 718. Requirement for reimbursement by Department of Defense to
entities carrying out State vaccination programs for costs of
vaccines provided to covered beneficiaries.
Sec. 719. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 720. Residency requirements for podiatrists.
Sec. 721. Authorization of physical therapist assistants and
occupational therapy assistants to provide services under the
TRICARE program.
Sec. 722. Selection of military commanders and directors of military
medical treatment facilities.
Subtitle C--Reports and Other Matters
Sec. 731. Pilot program on health care assistance system.
Sec. 732. Feasibility study on conduct of pilot program on mental health
readiness of part-time members of the reserve components of
the Armed Forces.
Sec. 733. Report on plan to improve pediatric care and related services
for children of members of the Armed Forces.
Sec. 734. Longitudinal medical study on blast pressure exposure of
members of the Armed Forces.
Sec. 735. Study on safe opioid prescribing practices.
Sec. 736. Report on implementation of GAO recommendations.
Sec. 737. Declassification by Department of Defense of certain incidents
of exposure of members of the Armed Forces to toxic
substances.
Sec. 738. Coordination by Veterans Health Administration of efforts to
understand effects of burn pits.
Sec. 739. TRICARE technical amendments.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. CONTINUED ACCESS TO MEDICAL CARE AT FACILITIES OF THE
UNIFORMED SERVICES FOR CERTAIN MEMBERS OF THE RESERVE COMPONENTS.
(a) TRICARE Reserve Select.--Paragraph (2) of section 1076d(f) of
title 10, United States Code, is amended to read as follows:
``(2) The term `TRICARE Reserve Select' means--
``(A) medical care at facilities of the uniformed services
to which a dependent described in section 1076(a)(2) of this
title is entitled; and
``(B) health benefits under the TRICARE Select self-
managed, preferred provider network option under section 1075
of this title made available to beneficiaries by reason of this
section and subject to the cost-sharing requirements set forth
in such section 1075.''.
(b) TRICARE Retired Reserve.--Section 1076e is amended--
(1) In subsection (b), in the subsection heading, by striking
``Retired Reserve'';
(2) In subsection (c), by striking ``Retired Reserve'' the last
place it appears; and
(3) in subsection (f), by striking paragraph (2) and inserting
the following:
``(2) The term `TRICARE Retired Reserve' means--
``(A) medical care at facilities of the uniformed services
to which a dependent described in section 1076(a)(2) of this
title is entitled; and
``(B) health benefits under the TRICARE Select self-
managed, preferred provider network option under section 1075
of this title made available to beneficiaries by reason of this
section and subject to the cost-sharing requirements set forth
in such section 1075.''.
SEC. 702. MODIFICATIONS OF COST-SHARING REQUIREMENTS FOR THE
TRICARE PHARMACY BENEFITS PROGRAM AND TREATMENT OF CERTAIN
PHARMACEUTICAL AGENTS.
(a) In General.--Paragraph (6) of section 1074g(a) of title 10,
United States Code, is amended to read as follows:
``(6)(A) In the case of any of the years 2018 through 2027, the
cost-sharing amounts under this subsection for eligible covered
beneficiaries shall be determined in accordance with the following
table:
------------------------------------------------------------------------
The cost-
The cost- sharing The cost-
sharing The cost- amount The cost- sharing
amount sharing for a 90- sharing amount for
for a 30- amount for day amount for a 90-day
``For: day a 30-day supply of a 90-day supply of a
supply of supply of a a mail supply of a mail order
a retail retail order mail order non-
generic formulary generic formulary formulary
is: is: is: is: is:
------------------------------------------------------------------------
2018 $11 $28 $7 $24 $53
------------------------------------------------------------------------
2019 $11 $28 $7 $24 $53
------------------------------------------------------------------------
2020 $13 $33 $10 $29 $60
------------------------------------------------------------------------
2021 $13 $33 $10 $29 $60
------------------------------------------------------------------------
2022 $14 $38 $12 $34 $68
------------------------------------------------------------------------
2023 $14 $38 $12 $34 $68
------------------------------------------------------------------------
2024 $16 $43 $13 $38 $76
------------------------------------------------------------------------
2025 $16 $43 $13 $38 $76
------------------------------------------------------------------------
2026 $16 $48 $14 $44 $85
------------------------------------------------------------------------
2027 $16 $48 $14 $44 $85
------------------------------------------------------------------------
``(B) For any year after 2027, the cost-sharing amounts under this
subsection for eligible covered beneficiaries shall be equal to the
cost-sharing amounts for the previous year adjusted by an amount, if
any, determined by the Secretary to reflect changes in the costs of
pharmaceutical agents and prescription dispensing, rounded to the
nearest dollar.
``(C) Notwithstanding subparagraphs (A) and (B), the cost-sharing
amounts under this subsection for a dependent of a member of the
uniformed services who dies while on active duty, a member retired
under chapter 61 of this title, or a dependent of a member retired
under such chapter shall be equal to the cost-sharing amounts, if any,
for 2017.''.
(b) Treatment of Certain Pharmaceutical Agents.--
(1) Pharmacy benefits program.--Such section is amended by
adding at the end the following new paragraph:
``(10) Notwithstanding paragraphs (2), (5), and (6), in order to
encourage the use by covered beneficiaries of pharmaceutical agents
that provide the best clinical effectiveness to covered beneficiaries
and the Department of Defense (as determined by the Secretary,
including considerations of better care, healthier people, and smarter
spending), the Secretary may, upon the recommendation of the Pharmacy
and Therapeutics Committee established under subsection (b) and review
by the Uniform Formulary Beneficiary Advisory Panel established under
subsection (c)--
``(A) exclude from the pharmacy benefits program any
pharmaceutical agent that the Secretary determines provides very
little or no clinical effectiveness to covered beneficiaries and
the Department under the program; and
``(B) give preferential status to any non-generic
pharmaceutical agent on the uniform formulary by treating it, for
purposes of cost-sharing under paragraph (6), as a generic product
under the TRICARE retail pharmacy program and mail order pharmacy
program.''.
(2) Medical contracts.--Section 1079 of such title is amended
by adding at the end the following new subsection:
``(q) In the case of any pharmaceutical agent (as defined in
section 1074g(g) of this title) provided under a contract entered into
under this section by a physician, in an outpatient department of a
hospital, or otherwise as part of any medical services provided under
such a contract, the Secretary of Defense may, under regulations
prescribed by the Secretary, adopt special reimbursement methods,
amounts, and procedures to encourage the use of high-value products and
discourage the use of low-value products, as determined by the
Secretary.''.
(3) Regulations.--In order to implement expeditiously the
reforms authorized by the amendments made by paragraphs (1) and
(2), the Secretary of Defense may prescribe such changes to the
regulations implementing the TRICARE program (as defined in section
1072 of title 10, United States Code) as the Secretary considers
appropriate--
(A) by prescribing an interim final rule; and
(B) not later than one year after prescribing such interim
final rule and considering public comments with respect to such
interim final rule, by prescribing a final rule.
SEC. 703. PROVISION OF HYPERBARIC OXYGEN THERAPY FOR CERTAIN
MEMBERS OF THE ARMED FORCES.
(a) HBOT Treatment.--
(1) In general.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074n the following new section:
``Sec. 1074o. Provision of hyperbaric oxygen therapy for certain
members
``(a) In General.--The Secretary may furnish hyperbaric oxygen
therapy available at a military medical treatment facility to a covered
member if such therapy is prescribed by a physician to treat post-
traumatic stress disorder or traumatic brain injury.
``(b) Covered Member Defined.--In this section, the term `covered
member' means a member of the armed forces who is--
``(1) serving on active duty; and
``(2) diagnosed with post-traumatic stress disorder or
traumatic brain injury.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 1074n the following new item:
``1074o. Provision of hyperbaric oxygen therapy for certain members.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 90 days after the date of the enactment of this Act.
SEC. 704. SPECIFICATION THAT INDIVIDUALS UNDER THE AGE OF 21 ARE
ELIGIBLE FOR HOSPICE CARE SERVICES UNDER THE TRICARE PROGRAM.
Section 1079(a)(15) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``, except that
hospice care may be provided to an individual under the age of 21
concurrently with health care services or hospitalization for the same
condition''.
SEC. 705. PHYSICAL EXAMINATIONS FOR MEMBERS OF A RESERVE COMPONENT
WHO ARE SEPARATING FROM THE ARMED FORCES.
Section 1145 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Physical Examinations for Certain Members of a Reserve
Component.--(1) The Secretary concerned shall provide a physical
examination pursuant to subsection (a)(5) to each member of a reserve
component who--
``(A) during the two-year period before the date on which the
member is scheduled to be separated from the armed forces served on
active duty in support of a contingency operation for a period of
more than 30 days;
``(B) will not otherwise receive such an examination under such
subsection; and
``(C) elects to receive such a physical examination.
``(2) The Secretary concerned shall--
``(A) provide the physical examination under paragraph (1) to a
member during the 90-day period before the date on which the member
is scheduled to be separated from the armed forces; and
``(B) issue orders to such a member to receive such physical
examination.
``(3) A member may not be entitled to health care benefits pursuant
to subsection (a), (b), or (c) solely by reason of being provided a
physical examination under paragraph (1).
``(4) In providing to a member a physical examination under
paragraph (1), the Secretary concerned shall provide to the member a
record of the physical examination.''.
SEC. 706. MENTAL HEALTH ASSESSMENTS BEFORE MEMBERS SEPARATE FROM
THE ARMED FORCES.
(a) In General.--Section 1145(a)(5)(A) of title 10, United States
Code, is amended by inserting ``and a mental health assessment
conducted pursuant to section 1074n of this title'' after ``a physical
examination''.
(b) Conforming Amendment.--Section 1074n(a) of such title is
amended by inserting ``(and before separation from active duty pursuant
to section 1145(a)(5)(A) of this title)'' after ``each calendar year''.
SEC. 707. EXPANSION OF SEXUAL TRAUMA COUNSELING AND TREATMENT FOR
MEMBERS OF THE RESERVE COMPONENTS.
Section 1720D(a)(2)(A) of title 38, United States Code, is
amended--
(1) by striking ``on active duty''; and
(2) by inserting before the period at the end the following:
``that was suffered by the member while serving on active duty,
active duty for training, or inactive duty training''.
SEC. 708. EXPEDITED EVALUATION AND TREATMENT FOR PRENATAL SURGERY
UNDER THE TRICARE PROGRAM.
(a) In General.--The Secretary of Defense shall implement processes
and procedures to ensure that a covered beneficiary under the TRICARE
program whose pregnancy is complicated with (or suspected of
complication with) a fetal condition may elect to receive expedited
evaluation, nondirective counseling, and medical treatment from a
perinatal or pediatric specialist capable of providing surgical
management and intervention in utero.
(b) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meanings given those
terms in section 1072 of title 10, United States Code.
Subtitle B--Health Care Administration
SEC. 711. MAINTENANCE OF INPATIENT CAPABILITIES OF MILITARY MEDICAL
TREATMENT FACILITIES LOCATED OUTSIDE THE UNITED STATES.
Section 1073d of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Maintenance of Inpatient Capabilities at Military Medical
Treatment Facilities Located Outside the United States.--(1) In
carrying out subsection (a), the Secretary of Defense shall ensure that
each covered facility maintains, at a minimum, inpatient capabilities
that the Secretary determines are similar to the inpatient capabilities
of such facility on September 30, 2016.
``(2) The Secretary may not eliminate the inpatient capabilities of
a covered facility until the day that is 180 days after the Secretary
provides a briefing to the Committees on Armed Services of the Senate
and the House of Representatives regarding the proposed elimination.
During any such briefing, the Secretary shall certify the following:
``(A) The Secretary has entered into agreements with hospitals
or medical centers in the host nation of such covered facility
that--
``(i) replace the inpatient capabilities the Secretary
proposes to eliminate; and
``(ii) ensure members of the armed forces and covered
beneficiaries who receive health care from such covered
facility, have, within a distance the Secretary determines is
reasonable, access to quality health care, including case
management and translation services.
``(B) The Secretary has consulted with the commander of the
geographic combatant command in which such covered facility is
located to ensure that the proposed elimination would have no
impact on the operational plan for such geographic combatant
command.
``(C) Before the Secretary eliminates the inpatient
capabilities of such covered facility, the Secretary shall provide
each member of the armed forces or covered beneficiary who receives
health care from the covered facility with--
``(i) a transition plan for continuity of health care for
such member or covered beneficiary; and
``(ii) a public forum to discuss the concerns of the member
or covered beneficiary regarding the proposed reduction.
``(3) In this subsection, the term `covered facility' means a
military medical treatment facility located outside the United
States.''.
SEC. 712. MODIFICATION OF PRIORITY FOR EVALUATION AND TREATMENT OF
INDIVIDUALS AT MILITARY TREATMENT FACILITIES.
Subsection (b) of section 717 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328) is amended to read as
follows:
``(b) Priority of Covered Beneficiaries.--
``(1) In general.--Except as provided in paragraph (2), the
evaluation and treatment of covered beneficiaries at military
treatment facilities shall be prioritized ahead of the evaluation
and treatment of veterans and civilians at such facilities under
subsection (a).
``(2) Waiver.--The Secretary may waive the requirement under
paragraph (1) in order to provide timely evaluation and treatment
for individuals who are--
``(A) severely wounded or injured by acts of terror that
occur in the United States; or
``(B) residents of the United States who are severely
wounded or injured by acts of terror outside the United
States.''.
SEC. 713. CLARIFICATION OF ADMINISTRATION OF MILITARY MEDICAL
TREATMENT FACILITIES.
Section 1073c(a) of title 10, United States Code, is amended--
(1) in paragraph (1)(E), by striking ``miliary'' and inserting
``military'';
(2) in paragraph (2), in the matter preceding subparagraph (A),
by striking ``commander'' and inserting ``military commander or
director''; and
(3) by adding at the end the following new paragraph:
``(4) If the Secretary of Defense determines it appropriate, a
military director (or any other senior military officer or officers) of
a military medical treatment facility may be a commanding officer for
purposes of chapter 47 of this title (the Uniform Code of Military
Justice) with respect to military personnel assigned to the military
medical treatment facility.''.
SEC. 714. REGULAR UPDATE OF PRESCRIPTION DRUG PRICING STANDARD
UNDER TRICARE RETAIL PHARMACY PROGRAM.
Section 1074g(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) With respect to the TRICARE retail pharmacy program described
in subsection (a)(2)(E)(ii), the Secretary shall ensure that a contract
entered into with a TRICARE pharmacy program contractor includes
requirements described in section 1860D-12(b)(6) of the Social Security
Act (42 U.S.C. 1395w-112(b)(6)) to ensure the provision of information
regarding the pricing standard for prescription drugs.''.
SEC. 715. MODIFICATION OF EXECUTION OF TRICARE CONTRACTING
RESPONSIBILITIES.
Subsection (b) of section 705 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328) is amended to read as
follows:
``(b) Execution of Contracting Responsibility.--With respect to any
acquisition of managed care support services under the TRICARE program
initiated after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2018, the Under Secretary of Defense
for Acquisition and Sustainment shall be responsible for--
``(1) decisions relating to such acquisition;
``(2) approving the acquisition strategy; and
``(3) conducting pre-solicitation, pre-award, and post-award
acquisition reviews.''.
SEC. 716. ADDITIONAL EMERGENCY USES FOR MEDICAL PRODUCTS TO REDUCE
DEATHS AND SEVERITY OF INJURIES CAUSED BY AGENTS OF WAR.
Section 1107a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Additional Authority to Reduce Deaths and Severity of
Injuries Caused by Agents of War.--(1) In a case in which an emergency
use of an unapproved product or an emergency unapproved use of an
approved product cannot be authorized under section 564 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3) because the emergency
does not involve an actual or threatened attack with a biological,
chemical, radiological, or nuclear agent or agents, the Secretary of
Defense may authorize an emergency use outside the United States of the
product to reduce the number of deaths or the severity of harm to
members of the armed forces (or individuals associated with deployed
members of the armed forces) caused by a risk or agent of war.
``(2) Except as otherwise provided in this subsection, an
authorization by the Secretary under paragraph (1) shall have the same
effect with respect to the armed forces as an emergency use
authorization under section 564 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360bbb-3).
``(3) The Secretary may issue an authorization under paragraph (1)
with respect to the emergency use of an unapproved product or the
emergency unapproved use of an approved product only if--
``(A) the committee established under paragraph (5) has
recommended that the Secretary issue the authorization; and
``(B) the Assistant Secretary of Defense for Health Affairs
makes a written determination, after consultation with the
Commissioner of Food and Drugs, that, based on the totality of
scientific evidence available to the Assistant Secretary, criteria
comparable to those specified in section 564(c) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3(c)) have been met.
``(4) With respect to the emergency use of an unapproved product or
the emergency unapproved use of an approved product under this
subsection, the Secretary of Defense shall establish such scope,
conditions, and terms under this subsection as the Secretary considers
appropriate, including scope, conditions, and terms comparable to those
specified in section 564 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bbb-3).
``(5)(A) There is established in the Department of Defense a
Department of Defense Emergency Use Authorization Committee (in this
paragraph referred to as the `Committee') to advise the Assistant
Secretary of Defense for Health Affairs on proposed authorizations
under this subsection.
``(B) Members of the Committee shall be appointed by the Secretary
of Defense and shall consist of prominent health care professionals who
are not employees of the Department of Defense (other than for purposes
of serving as a member of the Committee).
``(C) The Committee may be established as a subcommittee of another
Federal advisory committee.
``(6) In this subsection:
``(A) The term `biological product' has the meaning given that
term in section 351(i) of the Public Health Service Act (42 U.S.C.
262(i)).
``(B) The terms `device' and `drug' have the meanings given
those terms in section 201 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321).
``(C) The term `product' means a drug, device, or biological
product.
``(D) The terms `unapproved product' and `unapproved use of an
approved product' have the meanings given those terms in section
564(a)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb-3(a)(4)).''.
SEC. 717. MODIFICATION OF DETERMINATION OF AVERAGE WAIT TIMES AT
URGENT CARE CLINICS AND PHARMACIES AT MILITARY MEDICAL TREATMENT
FACILITIES UNDER PILOT PROGRAM.
(a) Urgent Care Clinics.--Subsection (c)(2) of section 744 of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328) is amended to read as follows:
``(2) Determination.--In carrying out paragraph (1), the
Secretary shall determine the average wait time to display under
such paragraph by using a formula derived from best practices in
the health care industry.''.
(b) Pharmacies.--Subsection (d)(2) of such section is amended to
read as follows:
``(2) Determination.--In carrying out paragraph (1), the
Secretary shall determine the average wait time to display under
such paragraph by using a formula derived from best practices in
the health care industry.''.
SEC. 718. REQUIREMENT FOR REIMBURSEMENT BY DEPARTMENT OF DEFENSE TO
ENTITIES CARRYING OUT STATE VACCINATION PROGRAMS FOR COSTS OF
VACCINES PROVIDED TO COVERED BENEFICIARIES.
Section 719 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 1074g note) is amended--
(1) in the section heading, by striking ``authorization of
reimbursement'' and inserting ``reimbursement''; and
(2) in subsection (a)(1), by striking ``may'' and inserting
``shall''.
SEC. 719. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION
FUND.
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),
section 723 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92), and section 741(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328), is further
amended by striking ``September 30, 2018'' and inserting ``September
30, 2019''.
SEC. 720. RESIDENCY REQUIREMENTS FOR PODIATRISTS.
(a) Requirement.--In addition to any other qualification required
by law or regulation, the Secretary of Defense shall ensure that to
serve as a podiatrist in the Armed Forces, an individual must have
successfully completed a three-year podiatric medicine and surgical
residency.
(b) Application.--Subsection (a) shall apply with respect to an
individual who is commissioned as an officer in the Armed Forces on or
after the date that is one year after the date of the enactment of this
Act.
SEC. 721. AUTHORIZATION OF PHYSICAL THERAPIST ASSISTANTS AND
OCCUPATIONAL THERAPY ASSISTANTS TO PROVIDE SERVICES UNDER THE
TRICARE PROGRAM.
(a) Addition to List of Authorized Professional Providers of
Care.--The Secretary of Defense shall revise section 199.6(c) of title
32, Code of Federal Regulations, as in effect on the date of the
enactment of this Act, to add to the list of individual professional
providers of care who are authorized to provide services to
beneficiaries under the TRICARE program, as defined in section 1072 of
title 10, United States Code, the following types of health care
practitioners:
(1) Licensed or certified physical therapist assistants who
meet the qualifications for physical therapist assistants specified
in section 484.4 of title 42, Code of Federal Regulations, or any
successor regulation, to furnish services under the supervision of
a physical therapist.
(2) Licensed or certified occupational therapy assistants who
meet the qualifications for occupational therapy assistants
specified in such section 484.4, or any successor regulation, to
furnish services under the supervision of an occupational
therapist.
(b) Supervision.--The Secretary of Defense shall establish in
regulations requirements for the supervision of physical therapist
assistants and occupational therapy assistants, respectively, by
physical therapists and occupational therapists, respectively.
(c) Manuals and Other Guidance.--The Secretary of Defense shall
update the CHAMPVA Policy Manual and other relevant manuals and
subregulatory guidance of the Department of Defense to carry out the
revisions and requirements of this section.
SEC. 722. SELECTION OF MILITARY COMMANDERS AND DIRECTORS OF
MILITARY MEDICAL TREATMENT FACILITIES.
(a) In General.--Not later than January 1, 2019, the Secretary of
Defense, in consultation with the Secretaries of the military
departments, shall establish the common qualifications and core
competencies required for an individual to serve as a military
commander or director of a military medical treatment facility.
(b) Objective.--The objective of the Secretary under this section
shall be to ensure that each individual selected to serve as a military
commander or director of a military medical treatment facility is
highly qualified to serve as health system executive.
(c) Standards.--In establishing common qualifications and core
competencies under subsection (a), the Secretary shall include
standards with respect to the following:
(1) Professional competence.
(2) Moral and ethical integrity and character.
(3) Formal education in health care executive leadership and in
health care management.
(4) Such other matters the Secretary determines to be
appropriate.
Subtitle C--Reports and Other Matters
SEC. 731. PILOT PROGRAM ON HEALTH CARE ASSISTANCE SYSTEM.
(a) Pilot Program.--The Secretary of Defense shall carry out a
pilot program to provide a health care assistance service to certain
covered beneficiaries enrolled in TRICARE Select using purchased care
to improve the health outcomes and patient experience for covered
beneficiaries with complex medical conditions.
(b) Elements.--The pilot program under subsection (a) may include
the following elements:
(1) Assisting beneficiaries with complex medical conditions to
understand and use the health benefits under the TRICARE program.
(2) Supporting such beneficiaries in accessing and navigating
the purchased care health care delivery system.
(3) Providing such beneficiaries with information to allow the
beneficiaries to make informed decisions regarding the quality,
safety, and cost of available health care services.
(4) Improving the health outcomes for such beneficiaries.
(c) Duration.--The Secretary shall carry out the pilot program for
an amount of time determined appropriate by the Secretary during the
five-year period beginning 180 days after the date of the enactment of
this Act.
(d) Report.--Not later than January 1, 2021, the Secretary shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report containing an evaluation of the
success of the pilot program under subsection (a), including--
(1) an analysis of the implementation of the elements under
subsection (b); and
(2) the feasibility of incorporating such elements into TRICARE
support contracts.
(e) Definitions.--In this section, the terms ``covered
beneficiary'', ``TRICARE program'', and ``TRICARE Select'' have the
meaning given those terms in section 1072 of title 10, United States
Code.
SEC. 732. FEASIBILITY STUDY ON CONDUCT OF PILOT PROGRAM ON MENTAL
HEALTH READINESS OF PART-TIME MEMBERS OF THE RESERVE COMPONENTS
OF THE ARMED FORCES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall conduct a
feasibility study and cost estimate for a pilot program that uses
predictive analytics and screening to identify mental health risk and
provide early, targeted intervention for part-time members of the
reserve components of the Armed Forces to improve readiness and mission
success.
(b) Elements.--The feasibility study conducted under subsection (a)
shall include elements to assess the following with respect to the
pilot program studied under such subsection:
(1) The anticipated improvement in quality of behavioral health
services for part-time members of the reserve components of the
Armed Forces and the impact of such improvement in quality of
behavioral health services on their families and employers.
(2) The anticipated impact on the culture surrounding
behavioral health treatment and help-seeking behavior.
(3) The feasibility of embedding mental health professionals
with units that--
(A) perform core mission sets and capabilities; and
(B) carry out high-risk and high-demand missions.
(4) The particular preventative mental health needs of units at
different states of their operational readiness cycle.
(5) The need for additional personnel of the Department of
Defense to implement the pilot program.
(6) The cost of implementing the pilot program throughout the
reserve components of the Armed Forces.
(7) The benefits of an integrated operational support team for
the Air National Guard and Army National Guard units.
(c) Comparison to Full-time Members of Reserve Components.--As part
of the feasibility study conducted under subsection (a), the Secretary
shall assess the mental health risk of part-time members of the reserve
components of the Armed Forces as compared to full-time members of the
reserve components of the Armed Forces.
(d) Use of Existing Models.--In conducting the feasibility study
under subsection (a), the Secretary, to the extent practicable, shall
make use of existing models for preventative mental health care.
SEC. 733. REPORT ON PLAN TO IMPROVE PEDIATRIC CARE AND RELATED
SERVICES FOR CHILDREN OF MEMBERS OF THE ARMED FORCES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth a plan of the Department of
Defense to improve pediatric care and related services for children of
members of the Armed Forces.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) In order to ensure that children receive developmentally
appropriate and age-appropriate health care services from the
Department, a plan to align preventive pediatric care under the
TRICARE program with--
(A) standards for such care as required by the Patient
Protection and Affordable Care Act (Public Law 111-148);
(B) guidelines established for such care by the Early and
Periodic Screening, Diagnosis, and Treatment program under the
Medicaid program carried out under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.); and
(C) recommendations by organizations that specialize in
pediatrics.
(2) A plan to develop a uniform definition of ``pediatric
medical necessity'' for the Department that aligns with
recommendations of organizations that specialize in pediatrics in
order to ensure that a consistent definition of such term is used
in providing health care in military treatment facilities and by
health care providers under the TRICARE program.
(3) A plan to develop measures to evaluate and improve access
to pediatric care, coordination of pediatric care, and health
outcomes for such children.
(4) A plan to include an assessment of access to pediatric
specialty care in the annual report to Congress on the
effectiveness of the TRICARE program.
(5) A plan to improve the quality of and access to behavioral
health care under the TRICARE program for children of members of
the Armed Forces, including intensive outpatient and partial
hospitalization services.
(6) A plan to mitigate the impact of permanent changes of
station and other service-related relocations of members of the
Armed Forces on the continuity of health care services received by
such children who have special medical or behavioral health needs.
(7) A plan to mitigate deficiencies in data collection, data
utilization, and data analysis to improve pediatric care and
related services for children of members of the Armed Forces.
(c) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given such term in section 1072 of title 10,
United States Code.
SEC. 734. LONGITUDINAL MEDICAL STUDY ON BLAST PRESSURE EXPOSURE OF
MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall conduct a
longitudinal medical study on blast pressure exposure of members of the
Armed Forces during combat and training, including members who train
with any high overpressure weapon system, such as anti-tank recoilless
rifles or heavy-caliber sniper rifles.
(b) Elements.--The study required under subsection (a) shall--
(1) monitor, record, and analyze data on blast pressure
exposure for any member of the Armed Forces who is likely to be
exposed to a blast in training or combat;
(2) assess the feasibility and advisability of including blast
exposure history as part of the service record of a member, as a
blast exposure log, in order to ensure that, if medical issues
arise later, the member receives care for any service-connected
injuries; and
(3) review the safety precautions surrounding heavy weapons
training to account for emerging research on blast exposure and the
effects of such exposure on cognitive performance of members of the
Armed Forces.
(c) Reports.--
(1) Interim report.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives an interim report on the study methods and action
plan for the study under subsection (a).
(2) Final report.--Not later than four years after the date the
Secretary begins 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 results of such study.
SEC. 735. STUDY ON SAFE OPIOID PRESCRIBING PRACTICES.
(a) Study.--The Secretary of Defense shall conduct a study on the
effectiveness of the training provided to military health care
providers regarding opioid prescribing practices, initiatives in opioid
safety, the use of the VA/DOD Clinical Practice Guideline for
Management of Opioid Therapy for Chronic Pain, and other related
training.
(b) Elements.--The study under subsection (a) shall address the
effectiveness of training with respect to the following:
(1) Identifying and treating individuals with chronic pain.
(2) Reducing the total number of prescription opioids dispensed
by the Department of Defense to beneficiaries of health care
furnished by the Department.
(3) Prescribing practices for opioid analgesic therapy,
including--
(A) reducing average dosage sizes;
(B) reducing the average number of dosages;
(C) reducing initial and average durations of opioid
analgesic therapy;
(D) reducing dose escalation when opioid analgesic therapy
results in adequate pain reduction; and
(E) reducing the average number of prescription opioid
analgesics dispensed by the Department of Defense.
(4) Reducing the number of overdoses due to prescription
opioids for patients with acute pain and patients undergoing opioid
therapy for chronic pain.
(5) Providing counseling and referrals to treatment
alternatives to opioid analgesics.
(6) 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.
(7) Effectiveness in communicating to military health care
providers changes in policies of the Department of Defense
regarding opioid safety and prescribing practices.
(c) Assessment.--The Secretary of Defense shall also consider the
feasibility and advisability of further strengthening opioid
prescribing practices by means of the following:
(1) Developing and implementing a physician advisory committee
of the Department of Defense regarding education programs for
prescribers of opioid analgesics.
(2) Developing methods to encourage health care providers of
the Department to use physical therapy or alternative methods to
treat acute or chronic pain.
(3) Developing curricula regarding pain management and safe
opioid analgesic prescription practices that incorporate opioid
analgesic prescribing guidelines issued by the Centers for Disease
Control and Prevention.
(d) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the Committees on
Armed Services of the House of Representatives and the Senate a
briefing on the results of the study under subsection (a) and the
assessment under subsection (c).
SEC. 736. REPORT ON IMPLEMENTATION OF GAO RECOMMENDATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit a report to the
congressional defense committees on the implementation by the
Department of Defense of the recommendations from the Government
Accountability Office report entitled ``Actions Needed to Ensure Post-
Traumatic Stress Disorder and Traumatic Brain Injury Are Considered in
Misconduct Separations'' and published May 16, 2017.
SEC. 737. DECLASSIFICATION BY DEPARTMENT OF DEFENSE OF CERTAIN
INCIDENTS OF EXPOSURE OF MEMBERS OF THE ARMED FORCES TO TOXIC
SUBSTANCES.
(a) In General.--The Secretary of Defense shall conduct a
declassification review of documents related to any known incident in
which not fewer than 100 members of the Armed Forces were intentionally
exposed to a toxic substance that resulted in at least one case of a
disability that a member of the medical profession has determined to be
associated with that toxic substance.
(b) Limitation.--The declassification required by subsection (a)
shall be limited to information necessary for an individual who was
potentially exposed to a toxic substance to determine the following:
(1) Whether that individual was exposed to that toxic
substance.
(2) The potential severity of the exposure of that individual
to that toxic substance.
(3) Any potential health conditions that may have resulted from
exposure to that toxic substance.
(c) Exception.--The Secretary of Defense is not required to
declassify documents under subsection (a) if the Secretary determines
that declassification of those documents would materially and
immediately threaten the security of the United States.
(d) Definitions.--In this section:
(1) Armed forces.--The term ``Armed Forces'' has the meaning
given that term in section 101 of title 10, United States Code.
(2) Exposed.--The term ``exposed'' means, with respect to a
toxic substance, that an individual came into contact with that
toxic substance in a manner that could be hazardous to the health
of that individual, that may include if that toxic substance was
inhaled, ingested, or touched the skin or eyes.
(3) Exposure.--The term ``exposure'' means, with respect to a
toxic substance, an event during which an individual was exposed to
that toxic substance.
(4) Toxic substance.--The term ``toxic substance'' means any
substance determined by the Administrator of the Environmental
Protection Agency to be harmful to the environment or hazardous to
the health of an individual if inhaled or ingested by or absorbed
through the skin of that individual.
SEC. 738. COORDINATION BY VETERANS HEALTH ADMINISTRATION OF EFFORTS
TO UNDERSTAND EFFECTS OF BURN PITS.
The Under Secretary for Health of the Department of Veterans
Affairs, acting through the Office of Public Health of the Veterans
Health Administration, shall coordinate efforts related to furthering
understanding of burn pits, the effect of burn pits on veterans, and
effective treatments relating to such effects, including with respect
to research efforts and training of clinical staff on related matters.
SEC. 739. TRICARE TECHNICAL AMENDMENTS.
(a) Definition of TRICARE Standard.--Paragraph (15) of section 1072
of title 10, United States Code, is amended to read as follows:
``(15) The term `TRICARE Standard' means the TRICARE program
made available prior to January 1, 2018, covering health benefits
contracted for under the authority of section 1079(a) or 1086(a) of
this title and subject to the same rates and conditions as apply to
persons covered under those sections.''.
(b) Cost-sharing Amounts.--
(1) TRICARE select.--
(A) Allowance of cost-sharing amounts as determined by the
secretary.--Subsection (d) of section 1075 of such title is
amended by adding at the end the following new paragraph:
``(4) The cost-sharing requirements applicable to services not
specifically addressed in the table set forth in paragraph (1) shall be
established by the Secretary.''.
(B) Modification of reference to ambulance civilian
network.--Paragraph (1) of such subsection is amended, in the
first column of the table, by striking ``Ambulance civilian
network'' and inserting ``Ground ambulance civilian network''.
(2) TRICARE prime.--
(A) Allowance of cost-sharing amounts as determined by the
secretary.--Subsection (b) of section 1075a of such title is
amended by adding at the end the following new paragraph:
``(4) The cost-sharing requirements applicable to services not
specifically addressed in the table set forth in paragraph (1) shall be
established by the Secretary.''.
(B) Modification of reference to ambulance civilian
network.--Paragraph (1) of such section is amended, in the
first column of the table, by striking ``Ambulance civilian
network'' and inserting ``Ground ambulance civilian network''.
(c) Medical Care for Dependents.--
(1) Reference to medically necessary vitamins.--Paragraphs (3)
and (18) of section 1077(a) of such title are amended by striking
``subsection (g)'' each place it appears and inserting ``subsection
(h)''.
(2) Eligibility of dependents to purchase hearing aids.--
Section 1077(g) of such title is amended by striking ``of former
members of the uniformed services'' and inserting ``eligible for
care under this section''.
(d) Modification of Reference to Fiscal Year.--
(1) Contracts for medical care for spouses and children.--
Section 1079(b) such title is amended by striking ``fiscal year''
each place it appears and inserting ``calendar year''.
(2) Contracts for health benefits for certain members, former
members, and their dependents.--Section 1086(b) of such title is
amended by striking ``fiscal year'' each place it appears and
inserting ``calendar year''.
(e) Referrals and Preauthorizations for TRICARE Prime.--
(1) Preauthorization for care at residential treatment
centers.--Section 1095f(b) of such title is amended by adding at
the end the following new paragraph:
``(4) Inpatient care at a residential treatment center.''.
(2) Reference.--Section 1075a(c) of such title is amended by
striking ``section 1075f(a)'' and inserting ``section 1095f(a)''.
(f) Applicability of Premium for Dependent Coverage.--Section
1110b(c)(1) of such title is amended by striking ``section 1075 of this
section'' and inserting ``section 1075 or 1075a of this title, as
appropriate''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Statements of purpose for Department of Defense acquisition.
Sec. 802. Management of intellectual property matters within the
Department of Defense.
Sec. 803. Performance of incurred cost audits.
Sec. 804. Repeal of certain auditing requirements.
Sec. 805. Increased simplified acquisition threshold.
Sec. 806. Requirements related to the micro-purchase threshold.
Sec. 807. Process for enhanced supply chain scrutiny.
Sec. 808. Defense policy advisory committee on technology.
Sec. 809. Report on extension of development, acquisition, and
sustainment authorities of the military departments to the
United States Special Operations Command.
Sec. 810 . Technical and conforming amendments related to program
management provisions.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Modifications to cost or pricing data and reporting
requirements.
Sec. 812. Applicability of cost and pricing data certification
requirements.
Sec. 813. Sunset of certain provisions relating to the procurement of
goods other than United States goods.
Sec. 814. Comptroller General report on health and safety records.
Sec. 815. Limitation on unilateral definitization.
Sec. 816. Amendment to sustainment reviews.
Sec. 817. Use of program income by eligible entities that carry out
procurement technical assistance programs.
Sec. 818. Enhanced post-award debriefing rights.
Sec. 819. Amendments relating to information technology.
Sec. 820. Change to definition of subcontract in certain circumstances.
Sec. 821. Amendment relating to applicability of inflation adjustments.
Sec. 822. Use of lowest price technically acceptable source selection
process.
Sec. 823. Exemption from design-build selection procedures.
Sec. 824. Contract closeout authority.
Sec. 825. Elimination of cost underruns as factor in calculation of
penalties for cost overruns.
Sec. 826. Modification to annual meeting requirement of Configuration
Steering Boards.
Sec. 827. Pilot program on payment of costs for denied Government
Accountability Office bid protests.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Revisions to definition of major defense acquisition program.
Sec. 832. Prohibition on use of lowest price technically acceptable
source selection process for major defense acquisition
programs.
Sec. 833. Role of the Chief of the armed force in material development
decision and acquisition system milestones.
Sec. 834. Requirement to emphasize reliability and maintainability in
weapon system design.
Sec. 835. Licensing of appropriate intellectual property to support
major weapon systems.
Sec. 836. Codification of requirements pertaining to assessment,
management, and control of operating and support costs for
major weapon systems.
Sec. 837. Should-cost management.
Sec. 838. Improvements to test and evaluation processes and tools.
Sec. 839. Enhancements to transparency in test and evaluation processes
and data.
Subtitle D--Provisions Relating to Acquisition Workforce
Sec. 841. Enhancements to the civilian program management workforce.
Sec. 842. Credits to Department of Defense Acquisition Workforce
Development Fund.
Sec. 843. Improvements to the hiring and training of the acquisition
workforce.
Sec. 844. Extension and modifications to acquisition demonstration
project.
Subtitle E--Provisions Relating to Commercial Items
Sec. 846. Procurement through commercial e-commerce portals.
Sec. 847. Revision to definition of commercial item.
Sec. 848. Commercial item determinations.
Sec. 849. Review of regulations on commercial items.
Sec. 850. Training in commercial items procurement.
Subtitle F--Provisions Relating to Services Contracting
Sec. 851. Improvement of planning for acquisition of services.
Sec. 852. Standard guidelines for evaluation of requirements for
services contracts.
Sec. 853. Report on outcome-based services contracts.
Sec. 854. Pilot program for longer term multiyear service contracts.
Subtitle G--Provisions Relating to Other Transaction Authority and
Prototyping
Sec. 861. Contract authority for advanced development of initial or
additional prototype units.
Sec. 862. Methods for entering into research agreements.
Sec. 863. Education and training for transactions other than contracts
and grants.
Sec. 864. Other transaction authority for certain prototype projects.
Sec. 865. Amendment to nontraditional and small contractor innovation
prototyping program.
Sec. 866. Middle tier of acquisition for rapid prototype and rapid
fielding.
Sec. 867. Preference for use of other transactions and experimental
authority.
Sec. 868. Prototype projects to digitize defense acquisition
regulations, policies, and guidance, and empower user
tailoring of acquisition process.
Subtitle H--Provisions Relating to Software Acquisition
Sec. 871. Noncommercial computer software acquisition considerations.
Sec. 872. Defense Innovation Board analysis of software acquisition
regulations.
Sec. 873. Pilot program to use agile or iterative development methods to
tailor major software-intensive warfighting systems and
defense business systems.
Sec. 874. Software development pilot program using agile best practices.
Sec. 875. Pilot program for open source software.
Subtitle I--Other Matters
Sec. 881. Extension of maximum duration of fuel storage contracts.
Sec. 882. Procurement of aviation critical safety items.
Sec. 883. Modifications to the advisory panel on streamlining and
codifying acquisition regulations.
Sec. 884. Repeal of expired pilot program for leasing commercial utility
cargo vehicles.
Sec. 885. Exception for business operations from requirement to accept
$1 coins.
Sec. 886. Development of Procurement Administrative Lead Time.
Sec. 887. Notional milestones and standard timelines for contracts for
foreign military sales.
Sec. 888. Assessment and authority to terminate or prohibit contracts
for procurement from Chinese companies providing support to
the Democratic People's Republic of Korea.
Sec. 889. Report on defense contracting fraud.
Sec. 890. Comptroller General report on contractor business system
requirements.
Sec. 891. Training on agile or iterative development methods.
Subtitle A--Acquisition Policy and Management
SEC. 801. STATEMENTS OF PURPOSE FOR DEPARTMENT OF DEFENSE
ACQUISITION.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall revise the Defense Federal
Acquisition Regulation Supplement to include the following statements
of purpose:
(1) The defense acquisition system (as defined in section 2545
of title 10, United States Code) exists to manage the investments
of the United States in technologies, programs, and product support
necessary to achieve the national security strategy prescribed by
the President pursuant to section 108 of the National Security Act
of 1947 (50 U.S.C. 3043) and to support the United States Armed
Forces.
(2) The investment strategy of the Department of Defense shall
be postured to support not only the current United States Armed
Forces, but also future Armed Forces of the United States.
(3) The primary objective of Department of Defense acquisition
is to acquire quality products that satisfy user needs with
measurable improvements to mission capability and operational
support, in a timely manner, and at a fair and reasonable price.
SEC. 802. MANAGEMENT OF INTELLECTUAL PROPERTY MATTERS WITHIN THE
DEPARTMENT OF DEFENSE.
(a) Management of Intellectual Property.--
(1) In general.--Chapter 137 of title 10, United States Code,
is amended by inserting after section 2321 the following new
section:
``Sec. 2322. Management of intellectual property matters within the
Department of Defense
``(a) Policy Required.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and Sustainment, shall
develop policy on the acquisition or licensing of intellectual
property--
``(1) to enable coordination and consistency across the
military departments and the Department of Defense in strategies
for acquiring or licensing intellectual property and communicating
with industry;
``(2) to ensure that program managers are aware of the rights
afforded the Federal Government and contractors in intellectual
property and that program managers fully consider and use all
available techniques and best practices for acquiring or licensing
intellectual property early in the acquisition process; and
``(3) to encourage customized intellectual property strategies
for each system based on, at a minimum, the unique characteristics
of the system and its components, the product support strategy for
the system, the organic industrial base strategy of the military
department concerned, and the commercial market.
``(b) Cadre of Intellectual Property Experts.--(1) The Secretary of
Defense, acting through the Under Secretary of Defense for Acquisition
and Sustainment, shall establish a cadre of personnel who are experts
in intellectual property matters. The purpose of the cadre is to ensure
a consistent, strategic, and highly knowledgeable approach to acquiring
or licensing intellectual property by providing expert advice,
assistance, and resources to the acquisition workforce on intellectual
property matters, including acquiring or licensing intellectual
property.
``(2) The Under Secretary shall establish an appropriate leadership
structure and office within which the cadre shall be managed, and shall
determine the appropriate official to whom members of the cadre shall
report.
``(3) The cadre of experts shall be assigned to a program office or
an acquisition command within a military department to advise, assist,
and provide resources to a program manager or program executive officer
on intellectual property matters at various stages of the life cycle of
a system. In performing such duties, the experts shall--
``(A) interpret and provide counsel on laws, regulations, and
policies relating to intellectual property;
``(B) advise and assist in the development of an acquisition
strategy, product support strategy, and intellectual property
strategy for a system;
``(C) conduct or assist with financial analysis and valuation
of intellectual property;
``(D) assist in the drafting of a solicitation, contract, or
other transaction;
``(E) interact with or assist in interactions with contractors,
including communications and negotiations with contractors on
solicitations and awards; and
``(F) conduct or assist with mediation if technical data
delivered pursuant to a contract is incomplete or does not comply
with the terms of agreements.
``(4)(A) In order to achieve the purpose set forth in paragraph
(1), the Under Secretary shall ensure the cadre has the appropriate
number of staff and such staff possesses the necessary skills,
knowledge, and experience to carry out the duties under paragraph (2),
including in relevant areas of law, contracting, acquisition,
logistics, engineering, financial analysis, and valuation. The Under
Secretary, in coordination with the Defense Acquisition University and
in consultation with academia and industry, shall develop a career
path, including development opportunities, exchanges, talent management
programs, and training, for the cadre. The Under Secretary may use
existing authorities to staff the cadre, including those in
subparagraphs (B), (C), (D), and (F).
``(B) Civilian personnel from within the Office of the Secretary of
Defense, Joint Staff, military departments, Defense Agencies, and
combatant commands may be assigned to serve as members of the cadre,
upon request of the Director.
``(C) The Under Secretary may use the authorities for highly
qualified experts under section 9903 of title 5, to hire experts as
members of the cadre who are skilled professionals in intellectual
property and related matters.
``(D) The Under Secretary may enter into a contract with a private-
sector entity for specialized expertise to support the cadre. Such
entity may be considered a covered Government support contractor, as
defined in section 2320 of this title.
``(E) In establishing the cadre, the Under Secretary shall give
preference to civilian employees of the Department of Defense, rather
than members of the armed forces, to maintain continuity in the cadre.
``(F) The Under Secretary is authorized to use amounts in the
Defense Acquisition Workforce Development Fund for the purpose of
recruitment, training, and retention of the cadre, including paying
salaries of newly hired members of the cadre for up to three years.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:
``2322. Management of intellectual property matters within the
Department of Defense.''.
(b) Additional Acquisition Position.--Subsection 1721(b) of title
10, United States Code, is amended by adding at the end the following
new paragraph:
``(12) Intellectual property.''.
SEC. 803. PERFORMANCE OF INCURRED COST AUDITS.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by inserting after section 2313a the following new section:
``Sec. 2313b. Performance of incurred cost audits
``(a) Compliance With Standards of Risk and Materiality.--Not later
than October 1, 2020, the Secretary of Defense shall comply with
commercially accepted standards of risk and materiality in the
performance of each incurred cost audit of costs associated with a
contract of the Department of Defense.
``(b) Conditions for the Use of Qualified Auditors to Perform
Incurred Cost Audits.--(1) To support the need of the Department of
Defense for timely and effective incurred cost audits, and to ensure
that the Defense Contract Audit Agency is able to allocate resources to
higher-risk and more complex audits, the Secretary of Defense shall use
qualified private auditors to perform a sufficient number of incurred
cost audits of contracts of the Department of Defense to--
``(A) eliminate, by October 1, 2020, any backlog of incurred
cost audits of the Defense Contract Audit Agency;
``(B) ensure that incurred cost audits are completed not later
than one year after the date of receipt of a qualified incurred
cost submission;
``(C) maintain an appropriate mix of Government and private
sector capacity to meet the current and future needs of the
Department of Defense for the performance of incurred cost audits;
``(D) ensure that qualified private auditors perform incurred
cost audits on an ongoing basis to improve the efficiency and
effectiveness of the performance of incurred cost audits; and
``(E) limit multiyear auditing to ensure that multiyear
auditing is conducted only--
``(A) to address outstanding incurred cost audits for which
a qualified incurred cost submission was submitted to the
Defense Contract Audit Agency more than 12 months before the
date of the enactment of this section; or
``(B) when the contractor being audited submits a written
request, including a justification for the use of multiyear
auditing, to the Under Secretary of Defense (Comptroller).
``(2) The Secretary of Defense shall consult with Federal agencies
that have awarded contracts or task orders to qualified private
auditors to ensure that the Department of Defense is using, as
appropriate, best practices relating to contracting with qualified
private auditors.
``(3) The Secretary of Defense shall ensure that a qualified
private auditor performing an incurred cost audit under this section--
``(A) has no conflict of interest in performing such an audit,
as defined by generally accepted government auditing standards;
``(B) possesses the necessary independence to perform such an
audit, as defined by generally accepted government auditing
standards;
``(C) signs a nondisclosure agreement, as appropriate, to
protect proprietary or nonpublic data;
``(D) accesses and uses proprietary or nonpublic data furnished
to the qualified private auditor only for the purposes stated in
the contract;
``(E) takes all reasonable steps to protect proprietary and
nonpublic data furnished during the audit; and
``(F) does not use proprietary or nonpublic data provided to
the qualified private auditor under the authority of this section
to compete for Government or nongovernment contracts.
``(c) Procedures for the Use of Qualified Private Auditors.--(1)
Not later than October 1, 2018, the Secretary of Defense shall submit
to the congressional defense committees a plan to implement the
requirements of subsection (b). Such plan shall include, at a minimum--
``(A) a description of the incurred cost audits that the
Secretary determines are appropriate to be conducted by qualified
private auditors, including the approximate number and dollar value
of such incurred cost audits;
``(B) an estimate of the number and dollar value of incurred
cost audits to be conducted by qualified private auditors for each
of the fiscal years 2019 through 2025 necessary to meet the
requirements of subsection (b); and
``(C) all other elements of an acquisition plan as required by
the Federal Acquisition Regulation.
``(2) Not later than April 1, 2019, the Secretary of Defense or a
Federal department or agency authorized by the Secretary shall award a
contract or issue a task order under an existing contract to two or
more qualified private auditors to perform incurred cost audits of
costs associated with contracts of the Department of Defense. The
Defense Contract Management Agency or a contract administration office
of a military department shall use a contract or a task order awarded
or issued pursuant to this paragraph for the performance of an incurred
cost audit, if doing so will assist the Secretary in meeting the
requirements in subsection (b).
``(3) To improve the quality of incurred cost audits and reduce
duplication of performance of such audits, the Secretary of Defense may
provide a qualified private auditor with information on past or ongoing
audit results or other relevant information on the entities the
qualified private auditor is auditing.
``(4) The Secretary of Defense shall consider the results of an
incurred cost audit performed under this section without regard to
whether the Defense Contract Audit Agency or a qualified private
auditor performed the audit.
``(5) The contracting officer for a contract that is the subject of
an incurred cost audit shall have the sole discretion to determine what
action should be taken based on an audit finding on direct costs of the
contract.
``(d) Qualified Private Auditor Requirements.--(1) A qualified
private auditor awarded a contract or issued an task order under
subsection (c)(2) shall conduct an incurred cost audit in accordance
with the generally accepted government auditing standards.
``(2) A qualified private auditor awarded a contract or issued an
task order under subsection (c)(2) shall develop and maintain complete
and accurate working papers on each incurred cost audit. All working
papers and reports on the incurred cost audit prepared by such
qualified private auditor shall be the property of the Department of
Defense, except that the qualified private auditor may retain a
complete copy of all working papers to support such reports made
pursuant to this section.
``(3) A breach of contract by a qualified private auditor with
respect to use of proprietary or nonpublic data may subject the
qualified private auditor to--
``(A) criminal, civil, administrative, and contractual actions
for penalties, damages, and other appropriate remedies by the
United States; and
``(B) civil actions for damages and other appropriate remedies
by the contractor or subcontractor whose data are affected by the
breach.
``(e) Peer Review.--(1) Effective October 1, 2022, the Defense
Contract Audit Agency may issue unqualified audit findings for an
incurred cost audit only if the Defense Contract Audit Agency is peer
reviewed by a commercial auditor and passes such peer review. Such peer
review shall be conducted in accordance with the peer review
requirements of generally accepted government auditing standards,
including the requirements related to frequency of peer reviews, and
shall be deemed to meet the requirements of the Defense Contract Audit
Agency for a peer review under such standards.
``(2) Not later than October 1, 2019, the Secretary of Defense
shall provide to the Committees on Armed Services of the Senate and the
House of Representatives an update on the process of securing a
commercial auditor to perform the peer review referred to in paragraph
(1).
``(f) Numeric Materiality Standards for Incurred Cost Audits.--(1)
Not later than October 1, 2020, the Department of Defense shall
implement numeric materiality standards for incurred cost audits to be
used by auditors that are consistent with commercially accepted
standards of risk and materiality.
``(2) Not later than October 1, 2019, the Secretary of Defense
shall submit to the congressional defense committees a report
containing proposed numeric materiality standards required under
paragraph (1). In developing such standards, the Secretary shall
consult with commercial auditors that conduct incurred cost audits, the
advisory panel authorized under section 809 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
889), and other governmental and nongovernmental entities with relevant
expertise.
``(g) Timeliness of Incurred Cost Audits.--(1) The Secretary of
Defense shall ensure that all incurred cost audits performed by
qualified private auditors or the Defense Contract Audit Agency are
performed in a timely manner.
``(2) The Secretary of Defense shall notify a contractor of the
Department of Defense within 60 days after receipt of an incurred cost
submission from the contractor whether the submission is a qualified
incurred cost submission.
``(3) With respect to qualified incurred cost submissions received
on or after the date of the enactment of this section, audit findings
shall be issued for an incurred cost audit not later than one year
after the date of receipt of such qualified incurred cost submission.
``(4) Not later than October 1, 2020, and subject to paragraph (5),
if audit findings are not issued within one year after the date of
receipt of a qualified incurred cost submission, the audit shall be
considered to be complete and no additional audit work shall be
conducted.
``(5) The Under Secretary of Defense (Comptroller) may waive the
requirements of paragraph (4) on a case-by-case basis if the Director
of the Defense Contract Audit Agency submits a written request. The
Director of the Defense Contract Audit Agency shall include in the
report required under section 2313a of this title the total number of
waivers issued and the reasons for issuing each such waiver.
``(h) Review of Audit Performance.--Not later than April 1, 2025,
the Comptroller General of the United States shall submit to the
congressional defense committees a report that evaluates for the period
beginning on October 1, 2019, and ending on August 31, 2023--
``(1) the timeliness, individual cost, and quality of incurred
cost audits, set forth separately by incurred cost audits performed
by the Defense Contract Audit Agency and by qualified private
auditors;
``(2) the cost to contractors of the Department of Defense for
incurred cost audits, set forth separately by incurred cost audits
performed by the Defense Contract Audit Agency and by qualified
private auditors;
``(3) the effect, if any, on other types of audits conducted by
the Defense Contract Audit Agency that results from incurred cost
audits conducted by qualified private auditors; and
``(4) the capability and capacity of qualified private auditors
to conduct incurred cost audits for the Department of Defense.
``(i) Definitions.--In this section:
``(1) The term `commercial auditor' means a private entity
engaged in the business of performing audits.
``(2) The term `incurred cost audit' means an audit of charges
to the Government by a contractor under a flexibly priced contract.
``(3) The term `flexibly priced contract' has the meaning given
the term `flexibly-priced contracts and subcontracts' in part 30 of
the Federal Acquisition Regulation (section 30.001 of title 48,
Code of Federal Regulations).
``(4) The term `generally accepted government auditing
standards' means the generally accepted government auditing
standards of the Comptroller General of the United States.
``(5) The term `numeric materiality standard' means a dollar
amount of misstatements, including omissions, contained in an
incurred cost audit that would be material if the misstatements,
individually or in the aggregate, could reasonably be expected to
influence the economic decisions of the Government made on the
basis of the incurred cost audit.
``(6) The term `qualified incurred cost submission' means a
submission by a contractor of costs incurred under a flexibly
priced contract that has been qualified by the Department of
Defense as sufficient to conduct an incurred cost audit.
``(7) The term `qualified private auditor' means a commercial
auditor--
``(A) that performs audits in accordance with generally
accepted government auditing standards; and
``(B) that has received a passing peer review rating, as
defined by generally accepted government auditing standards.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2313a the following new item:
``2313b. Performance of incurred cost audits.''.
(c) Amendment to Duties of the Advisory Panel on Streamlining and
Codifying Acquisition Regulations.--Subsection (c)(2) of section 809 of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 889), as amended by section 863(d) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2303), is amended--
(1) in subparagraph (D) by striking ``and'' at the end;
(2) by redesignating subparagraph (E) as subparagraph (F);
(3) by adding after subparagraph (D) the following new
subparagraph:
``(E) improve the efficiency of the contract auditing
process, including through the development of risk-based
materiality standards; and''; and
(4) in subparagraph (F) (as so redesignated), by striking
``subparagraphs (A) through (D)'' and inserting ``subparagraphs (A)
through (E)''.
SEC. 804. REPEAL OF CERTAIN AUDITING REQUIREMENTS.
Section 190 of title 10, United States Code, as proposed to be
added by section 820(b)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2274), is amended
by striking subsection (f).
SEC. 805. INCREASED SIMPLIFIED ACQUISITION THRESHOLD.
Section 134 of title 41, United States Code, is amended by striking
``$100,000'' and inserting ``$250,000''.
SEC. 806. REQUIREMENTS RELATED TO THE MICRO-PURCHASE THRESHOLD.
(a) Increase in Threshold.--Section 1902(a)(1) of title 41, United
States Code, is amended by striking ``$3,000'' and inserting
``$10,000''.
(b) Convenience Checks.--A convenience check may not be used for an
amount in excess of one half of the micro-purchase threshold under
section 1902(a) of title 41, United States Code, or a lower amount
established by the head of the agency.
SEC. 807. PROCESS FOR ENHANCED SUPPLY CHAIN SCRUTINY.
(a) Process.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a
process for enhancing scrutiny of acquisition decisions in order to
improve the integration of supply chain risk management into the
overall acquisition decision cycle.
(b) Elements.--The process under subsection (a) shall include the
following elements:
(1) Designation of a senior official responsible for overseeing
the development and implementation of the process.
(2) Development or integration of tools to support commercial
due-diligence, business intelligence, or otherwise analyze and
monitor commercial activity to understand business relationships
with entities determined to be threats to the United States.
(3) Development of risk profiles of products or services based
on commercial due-diligence tools and data services.
(4) Development of education and training curricula for the
acquisition workforce that supports the process.
(5) Integration, as needed, with intelligence sources to
develop threat profiles of entities determined to be threats to the
United States.
(6) Periodic review and assessment of software products and
services on computer networks of the Department of Defense to
remove prohibited products or services.
(7) Synchronization of the use of current authorities for
making supply chain decisions, including section 806 of Public Law
111-383 (10 U.S.C. 2304 note) or improved use of suspension and
debarment officials.
(8) Coordination with interagency, industrial, and
international partners, as appropriate, to share information,
develop Government-wide strategies for dealing with significant
entities determined to be significant threats to the United States,
and effectively use authorities in other departments and agencies
to provide consistent, Government-wide approaches to supply chain
threats.
(9) Other matters as the Secretary considers necessary.
(c) Notification.--Not later than 90 days after establishing the
process required by subsection (a), the Secretary shall provide a
written notification to the Committees on Armed Services of the Senate
and House of Representatives that the process has been established. The
notification also shall include the following:
(1) Identification of the official designated under subsection
(b)(1).
(2) Identification of tools and services currently available to
the Department of Defense under subsection (b)(2).
(3) Assessment of additional tools and services available under
subsection (b)(2) that the Department of Defense should evaluate.
(4) Identification of, or recommendations for, any statutory
changes needed to improve the effectiveness of the process.
(5) Projected resource needs for implementing any
recommendations made by the Secretary.
SEC. 808. DEFENSE POLICY ADVISORY COMMITTEE ON TECHNOLOGY.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Chief Management Officer, shall form a committee of senior executives
from United States firms in the national technology and industrial base
to meet with the Secretary, the Secretaries of the military
departments, and members of the Joint Chiefs of Staff to exchange
information, including, as appropriate, classified information, on
technology threats to the national security of the United States and on
the emerging technologies from the national technology and industrial
base that may become available to counter such threats in a timely
manner.
(b) Meetings.--The defense policy advisory committee on technology
formed pursuant to subsection (a) shall meet with the Secretary and the
other Department of Defense officials specified in such subsection
collectively at least once annually in each of fiscal years 2018
through 2022. The Secretary of Defense shall provide the congressional
defense committees annual briefings on the meetings.
(c) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the defense policy advisory
committee on technology established pursuant to this section.
SEC. 809. REPORT ON EXTENSION OF DEVELOPMENT, ACQUISITION, AND
SUSTAINMENT AUTHORITIES OF THE MILITARY DEPARTMENTS TO THE UNITED
STATES SPECIAL OPERATIONS COMMAND.
(a) Review.--The Secretary of Defense shall carry out a review of
the authorities available to the Secretaries of the military
departments and the acquisition executives of the military departments
for the development, acquisition, and sustainment of technology,
equipment, and services for the military departments in order to
determine the feasibility and advisability of the provision of such
authorities to the Commander of the United States Special Operations
Command and the acquisition executive of the Command for the
development, acquisition, and sustainment of special operations-
peculiar technology, equipment, and services.
(b) Report.--Not later than 120 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 review required by subsection (a). The report shall include the
following:
(1) A description of the review.
(2) An identification of the authorities the Secretary
recommends for provision to the Commander of the United States
Special Operations Command and the acquisition executive of the
Command as described in subsection (a), and recommendations for any
modifications of such authorities that the Secretary considers
appropriate for purposes of the United States Special Operations
Command.
(3) Such recommendations for legislative or administrative
action as the Secretary considers appropriate for the provision of
authorities identified pursuant to paragraph (2) as described in
subsection (a).
(4) Such other matters as the Secretary considers appropriate
in light of the review.
SEC. 810. TECHNICAL AND CONFORMING AMENDMENTS RELATED TO PROGRAM
MANAGEMENT PROVISIONS.
(a) Repeal of Duplicative Provision Related to Program and Project
Management.--Subsection (c) of section 503 of title 31, United States
Code, as added by section 861(a)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2298), is repealed.
(b) Repeal of Duplicative Provision Related to Program Management
Officers and Program Management Policy Council.--Section 1126 of title
31, United States Code, as added by section 861(b)(1) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2299), is repealed.
(c) Repeal of Obsolete Provisions.--Section 861 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2299) is repealed.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. MODIFICATIONS TO COST OR PRICING DATA AND REPORTING
REQUIREMENTS.
(a) Modifications to Submissions of Cost or Pricing Data.--
(1) Title 10.--Subsection (a) of section 2306a of title 10,
United States Code, is amended--
(A) by striking ``December 5, 1990'' each place it appears
and inserting ``June 30, 2018'';
(B) by striking ``December 5, 1991'' each place it appears
and inserting ``July 1, 2018'';
(C) by striking ``$100,000'' each place it appears and
inserting ``$750,000'';
(D) in paragraph (1)--
(i) in subparagraphs (A)(i), (B)(i), (C)(i), (C)(ii),
and (D)(i), by striking ``$500,000'' and inserting
``$2,000,000''; and
(ii) in subparagraph (B)(ii), by striking ``$500,000''
and inserting ``$750,000'';
(E) in paragraph (6), by striking ``December 5, 1990'' and
inserting ``June 30, 2018''; and
(F) in paragraph (7), by striking ``to the amount'' and all
that follows through ``higher multiple of $50,000.'' and
inserting ``in accordance with section 1908 of title 41.''.
(2) Title 41.--Section 3502 of title 41, United States Code, is
amended--
(A) in subsection (a)--
(i) by striking ``October 13, 1994'' each place it
appears and inserting ``June 30, 2018'';
(ii) by striking ``$100,000'' each place it appears and
inserting ``$750,000'';
(iii) in paragraphs (1)(A), (2)(A), (3)(A), (3)(B), and
(4)(A), by striking ``$500,000'' and inserting
``$2,000,000''; and
(iv) in paragraph (2)(B), by striking ``$500,000'' and
inserting ``$750,000'';
(B) in subsection (f), by striking ``October 13, 1994'' and
inserting ``June 30, 2018''; and
(C) in subsection (g), by striking ``to the amount'' and
all that follows through ``higher multiple of $50,000.'' and
inserting ``in accordance with section 1908.''.
(b) Modification to Authority to Require Submission.--Paragraph (1)
of section 2306a(d) of title 10, United States Code, is amended by
striking ``the contracting officer shall require submission of'' and
all the follows through ``to the extent necessary'' and inserting ``the
offeror shall be required to submit to the contracting officer data
other than certified cost or pricing data (if requested by the
contracting officer), to the extent necessary''.
(c) Comptroller General Review of Modifications to Cost or Pricing
Data Submission Requirements.--Not later than March 1, 2022, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the implementation and
effect of the amendments made by subsections (a) and (b).
(d) Requirements for Defense Contract Audit Agency Report.--
(1) In general.--Section 2313a of title 10, United States Code,
is amended--
(A) in subsection (a)(2)--
(i) in subparagraph (A)--
(I) by inserting ``and dollar value'' after
``number''; and
(II) by inserting ``, set forth separately by type
of audit'' after ``pending'';
(ii) in subparagraph (C), by inserting ``, both from
the date of receipt of a qualified incurred cost submission
and from the date the audit begins'' after ``audit'';
(iii) by amending subparagraph (D) to read as follows:
``(D) the sustained questioned costs, set forth separately
by type of audit, both as a total value and as a percentage of
the total questioned costs for the audit;'';
(iv) by striking subparagraph (E); and
(v) by inserting after subparagraph (D) the following
new subparagraphs:
``(E) the total number and dollar value of incurred cost
audits completed, and the method by which such incurred cost
audits were completed;
``(F) the aggregate cost of performing audits, set forth
separately by type of audit;
``(G) the ratio of sustained questioned costs to the
aggregate costs of performing audits, set forth separately by
type of audit; and
``(H) the total number and dollar value of audits that are
pending for a period longer than one year as of the end of the
fiscal year covered by the report, and the fiscal year in which
the qualified submission was received, set forth separately by
type of audit;''; and
(B) by adding at the end the following new subsection:
``(d) Definitions.--
``(1) The terms `incurred cost audit' and `qualified incurred
cost submission' have the meaning given those terms in section
2313b of this title.
``(2) The term `sustained questioned costs' means questioned
costs that were recovered by the Federal Government as a result of
contract negotiations related to such questioned costs.''.
(2) Exemption to report termination requirements.--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), as
amended by section 1061(j) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2405; 10
U.S.C. 111 note), does not apply to the report required to be
submitted to Congress under section 2313a of title 10, United
States Code.
(e) Adjustment to Value of Covered Contracts for Requirements
Relating to Allowable Costs.--Subparagraph (B) of section 2324(l)(1) of
title 10, United States Code, is amended by striking ``to the
equivalent'' and all that follows through ``higher multiple of
$50,000.'' and inserting ``in accordance with section 1908 of title
41.''.
SEC. 812. APPLICABILITY OF COST AND PRICING DATA CERTIFICATION
REQUIREMENTS.
Section 830(d) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2286) is amended--
(1) in paragraph (1)(A), by striking ``same product'' and
inserting ``same or similar product'';
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) Determination of same or similar product.--The Secretary
of Defense and the Secretary of State shall jointly determine
whether a product is considered to be a similar product for the
purposes of this pilot program.
``(3) Waiver of cost or pricing certification.--The Secretary
of Defense may waive the certification requirement under section
2306a(a)(2) of title 10, United States Code, if the Secretary
determines that the Federal Government has sufficient data and
information regarding the reasonableness of the price.''.
SEC. 813. SUNSET OF CERTAIN PROVISIONS RELATING TO THE PROCUREMENT
OF GOODS OTHER THAN UNITED STATES GOODS.
(a) Chemical Weapons Antidote.--Section 2534(c) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(5) Chemical weapons antidote.--Subsections (a)(2) and (b)(2)
shall cease to be effective on October 1, 2018.''.
(b) Photovoltaic Devices.--Effective October 1, 2018, section 858
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.
2534 note) is repealed.
SEC. 814. COMPTROLLER GENERAL REPORT ON HEALTH AND SAFETY RECORDS.
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Secretary of Defense and the congressional
defense committees a report on the safety and health records of
Department of Defense contractors.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) A description of the existing procedures of the
Department of Defense to evaluate the safety and health records
of current and prospective contractors.
(B) An evaluation of the adherence of the Department of
Defense to such procedures.
(C) An assessment of the current incidence of safety and
health violations by Department of Defense contractors.
(D) An assessment of whether the Secretary of Labor has the
resources to investigate and identify safety and health
violations by Department of Defense contractors.
(E) An assessment of whether the Secretary of Labor should
consider assuming an expanded investigatory role or a targeted
enforcement program for ensuring the safety and health of
individuals working under Department of Defense contracts.
SEC. 815. LIMITATION ON UNILATERAL DEFINITIZATION.
(a) Limitation.--Section 2326 of title 10, United States Code, is
amended--
(1) by redesignating subsections (c), (d), (e), (f), (g), (h),
and (i) as subsections (d), (e), (f), (g), (h), (i), and (j)
respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Limitation on Unilateral Definitization by Contracting
Officer.--With respect to any undefinitized contractual action with a
value greater than $50,000,000, if agreement is not reached on
contractual terms, specifications, and price within the period or by
the date provided in subsection (b)(1), the contracting officer may not
unilaterally definitize those terms, specifications, or price over the
objection of the contractor until--
``(1) the service acquisition executive for the military
department that awarded the contract, or the Under Secretary of
Defense for Acquisition and Sustainment if the contract was awarded
by a Defense Agency or other component of the Department of
Defense, approves the definitization in writing;
``(2) the contracting officer provides a copy of the written
approval to the contractor; and
``(3) a period of 30 calendar days has elapsed after the
written approval is provided to the contractor.''.
(b) Conforming Amendment.--Section 2326(b)(3) of such title is
amended by striking ``subsection (g)'' and inserting ``subsection
(h)''.
(c) Conforming Regulations.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall revise the
Department of Defense Supplement to the Federal Acquisition Regulation
to implement section 2326 of title 10, United States Code, as amended
by this section.
SEC. 816. AMENDMENT TO SUSTAINMENT REVIEWS.
Section 2441(a) of title 10, United States Code, is amended by
adding at the end the following: ``The Secretary concerned shall make
the memorandum and supporting documentation for each sustainment review
available to the Under Secretary of Defense for Acquisition and
Sustainment within 30 days after the review is completed.''.
SEC. 817. USE OF PROGRAM INCOME BY ELIGIBLE ENTITIES THAT CARRY OUT
PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
Section 2414 of title 10, United States Code, is amended--
(1) in the section heading, by striking ``limitation'' and
inserting ``funding''; and
(2) by adding at the end the following new subsection:
``(d) Use of Program Income.--
``(1) An eligible entity that earned income in a specified
fiscal year from activities carried out pursuant to a procurement
technical assistance program funded under this chapter may expend
an amount of such income, not to exceed 25 percent of the cost of
furnishing procurement technical assistance in such specified
fiscal year, during the fiscal year following such specified fiscal
year, to carry out a procurement technical assistance program
funded under this chapter.
``(2) An eligible entity that does not enter into a cooperative
agreement with the Secretary for a fiscal year--
``(A) shall notify the Secretary of the amount of any
income the eligible entity carried over from the previous
fiscal year; and
``(B) may retain an amount of such income equal to 10
percent of the value of assistance furnished by the Secretary
under this section during the previous fiscal year.
``(3) In determining the value of assistance furnished by the
Secretary under this section for any fiscal year, the Secretary
shall account for the amount of any income the eligible entity
carried over from the previous fiscal year.''.
SEC. 818. ENHANCED POST-AWARD DEBRIEFING RIGHTS.
(a) Release of Contract Award Information.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall revise the Department of Defense Supplement to the Federal
Acquisition Regulation to require that all required post-award
debriefings, while protecting the confidential and proprietary
information of other offerors, include, at a minimum, the following:
(1) In the case of a contract award in excess of $100,000,000,
a requirement for disclosure of the agency's written source
selection award determination, redacted to protect the confidential
and proprietary information of other offerors for the contract
award, and, in the case of a contract award in excess of
$10,000,000 and not in excess of $100,000,000 with a small business
or nontraditional contractor, an option for the small business or
nontraditional contractor to request such disclosure.
(2) A requirement for a written or oral debriefing for all
contract awards and task or delivery orders valued at $10,000,000
or higher.
(3) Provisions ensuring that both unsuccessful and winning
offerors are entitled to the disclosure described in paragraph (1)
and the debriefing described in paragraph (2).
(4) Robust procedures, consistent with section 2305(b)(5)(D) of
title 10, United States Code, and provisions implementing that
section in the Federal Acquisition Regulation, to protect the
confidential and proprietary information of other offerors.
(b) Opportunity for Follow-up Questions.--Section 2305(b)(5) of
title 10, United States Code, is amended--
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively;
(2) in subparagraph (B)--
(A) in clause (v), by striking ``; and'' and inserting a
semicolon;
(B) in clause (vi), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vii) an opportunity for a disappointed offeror to submit,
within two business days after receiving a post-award debriefing,
additional questions related to the debriefing.''; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) The agency shall respond in writing to any additional
question submitted under subparagraph (B)(vii) within five business
days after receipt of the question. The agency shall not consider the
debriefing to be concluded until the agency delivers its written
responses to the disappointed offeror.''.
(c) Commencement of Post-briefing Period.--Section 3553(d)(4) of
title 31, United States Code, is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii) respectively;
(2) by striking ``The period'' and inserting ``(A) The
period''; and
(3) by adding at the end the following new subparagraph:
``(B) For procurements conducted by any component of the Department
of Defense, the 5-day period described in subparagraph (A)(ii) does not
commence until the day the Government delivers to a disappointed
offeror the written responses to any questions submitted pursuant to
section 2305(b)(5)(B)(vii) of title 10.''.
SEC. 819. AMENDMENTS RELATING TO INFORMATION TECHNOLOGY.
(a) Elimination of Sunset Relating to Transparency and Risk
Management of Major Information Technology Investments.--Subsection (c)
of section 11302 of title 40, United States Code, is amended by
striking the first paragraph (5).
(b) Elimination of Sunset Relating to Information Technology
Portfolio, Program, and Resource Reviews.--Section 11319 of title 40,
United States Code, is amended--
(1) by redesignating the second subsection (c) as subsection
(d); and
(2) in subsection (d), as so redesignated, by striking
paragraph (6).
(c) Extension of Sunset Relating to Federal Data Center
Consolidation Initiative.--Subsection (e) of section 834 of the
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 44 U.S.C. 3601 note) is amended by striking ``2018'' and
inserting ``2020''.
SEC. 820. CHANGE TO DEFINITION OF SUBCONTRACT IN CERTAIN
CIRCUMSTANCES.
Section 1906(c)(1) of title 41, United States Code, is amended by
adding at the end the following: ``The term does not include agreements
entered into by a contractor for the supply of commodities that are
intended for use in the performance of multiple contracts with the
Federal Government and other parties and are not identifiable to any
particular contract.''.
SEC. 821. AMENDMENT RELATING TO APPLICABILITY OF INFLATION
ADJUSTMENTS.
Section 1908(d) of title 41, United States Code, is amended by
inserting before the period at the end the following: ``and shall
apply, in the case of the procurement of property or services by
contract, to a contract, and any subcontract at any tier under the
contract, in effect on that date without regard to the date of award of
the contract or subcontract.''.
SEC. 822. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE
SELECTION PROCESS.
(a) Additional Requirements.--Subsection (b) of section 813 of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat 2270; 10 U.S.C. 2305 note) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(7) the Department of Defense would realize no, or minimal,
additional innovation or future technological advantage by using a
different methodology; and
``(8) with respect to a contract for procurement of goods, the
goods procured are predominantly expendable in nature,
nontechnical, or have a short life expectancy or short shelf
life.''.
(b) Reporting Requirement.--
(1) In general.--Subsection (d) of such section is amended by
striking ``contract exceeding $10,000,000'' and inserting
``contract exceeding $5,000,000''.
(2) Applicability.--The amendment made by this subsection shall
apply with respect to the second, third, and fourth reports
submitted under subsection (d) of section 813 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat 2271; 10 U.S.C. 2305 note).
SEC. 823. EXEMPTION FROM DESIGN-BUILD SELECTION PROCEDURES.
Subsection (d) of section 2305a of title 10, United States Code, is
amended by striking the second and third sentences and inserting the
following: ``If the contract value exceeds $4,000,000, the maximum
number specified in the solicitation shall not exceed 5 unless--
``(1) the solicitation is issued pursuant to a indefinite
delivery-indefinite quantity contract for design-build
construction; or
``(2)(A) the head of the contracting activity, delegable to a
level no lower than the senior contracting official within the
contracting activity, approves the contracting officer's
justification with respect to an individual solicitation that a
maximum number greater than 5 is in the interest of the Federal
Government; and
``(B) the contracting officer provides written documentation of
how a maximum number greater than 5 is consistent with the purposes
and objectives of the two-phase selection procedures.''.
SEC. 824. CONTRACT CLOSEOUT AUTHORITY.
Section 836(b)(1) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2286) is amended by
striking ``entered into prior to fiscal year 2000'' and inserting
``entered into on a date that is at least 17 fiscal years before the
current fiscal year''.
SEC. 825. ELIMINATION OF COST UNDERRUNS AS FACTOR IN CALCULATION OF
PENALTIES FOR COST OVERRUNS.
(a) In General.--Section 828 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2430 note) is
amended--
(1) in subsection (a), by striking ``each fiscal year beginning
with fiscal year 2015'' and inserting ``each of fiscal years 2018
through 2022'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or underrun'';
(B) in paragraph (2)--
(i) by striking ``or underruns''; and
(ii) by striking ``,Technology, and Logistics'' and
inserting ``and Sustainment'';
(C) in paragraph (3)--
(i) by striking ``and cost underruns''; and
(ii) by striking ``or underruns''; and
(D) in paragraph (4), by striking ``, except that the cost
overrun penalty may not be a negative amount'';
(3) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively;
(4) by inserting after subsection (b) the following new
subsection:
``(c) Total Cost Overrun Penalty.--Notwithstanding the amount of a
cost overrun penalty determined in (b), the total cost overrun penalty
for a military department (including any cost overrun penalty for joint
programs of military departments) for a fiscal year may not exceed
$50,000,000.''; and
(5) in subsection (d) (as so redesignated)--
(A) in paragraph (1)--
(i) in the paragraph heading, by inserting ``or
procurement'' after ``evaluation'';
(ii) by striking ``each fiscal year beginning with
fiscal year 2015'' and inserting ``each of fiscal years
2018 through 2022'';
(iii) by striking ``each research'' and inserting ``the
research'';
(iv) by striking ``evaluation account'' and inserting
``evaluation or procurement accounts''; and
(v) by striking ``percentage'' and inserting
``amount''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``amount''
and inserting ``amounts'';
(ii) by striking ``percentage reduction'' and inserting
``reductions'';
(iii) by striking ``evaluation accounts'' and inserting
``evaluation or procurement accounts'';
(iv) by striking ``paragraph (1) is the percentage
reduction'' and inserting ``paragraph (1) are the
reductions''; and
(v) by inserting ``, when combined,'' after ``equal''.
(b) Prior Fiscal Years.--The requirements of section 828 of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 10 U.S.C. 2430 note), as in effect on the day before the date
of the enactment of this Act, shall continue to apply with respect to
fiscal years beginning on or before October 1, 2016.
SEC. 826. MODIFICATION TO ANNUAL MEETING REQUIREMENT OF
CONFIGURATION STEERING BOARDS.
Section 814(c)(4) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4529; 10 U.S.C. 2430 note) is amended--
(1) by striking ``The Secretary'' and inserting
``(A) Annual meeting.--Except as provided in subparagraph
(B), the Secretary''; and
(2) by adding at the end the following new subparagraph:
``(B) Exception.--If the service acquisition executive of
the military department concerned determines, in writing, that
there have been no changes to the program requirements of a
major defense acquisition program during the preceding year,
the Configuration Steering Board for such major defense
acquisition program is not required to meet as described in
subparagraph (A).''.
SEC. 827. PILOT PROGRAM ON PAYMENT OF COSTS FOR DENIED GOVERNMENT
ACCOUNTABILITY OFFICE BID PROTESTS.
(a) Pilot Program Required.--The Secretary of Defense shall carry
out a pilot program to determine the effectiveness of requiring
contractors to reimburse the Department of Defense for costs incurred
in processing covered protests.
(b) Duration.--The pilot program shall--
(1) begin on the date that is two years after the date of the
enactment of this Act; and
(2) end on the date that is five years after the date of the
enactment of this Act.
(c) Report.--Not later than 90 days after the date on which the
pilot program under subsection (a) ends, the Secretary shall provide a
report to the Committees on Armed Services of the House of
Representatives and the Senate assessing the feasibility of making
permanent such pilot program.
(d) Covered Protest Defined.--In this section, the term ``covered
protest'' means a bid protest that was--
(1) denied in an opinion issued by the Government
Accountability Office;
(2) filed by a party with revenues in excess of $250,000,000
(based on fiscal year 2017 constant dollars) during the previous
year; and
(3) filed on or after October 1, 2019 and on or before
September 30, 2022.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
SEC. 831. REVISIONS TO DEFINITION OF MAJOR DEFENSE ACQUISITION
PROGRAM.
Section 2430(a) of title 10, United States Code, is amended--
(1) in paragraph (1)(B), by inserting ``in the case of a
program that is not a program for the acquisition of an automated
information system (either a product or a service),'' after
``(B)''; and
(2) in paragraph (2)--
(A) by striking ``does not include an acquisition program''
and inserting the following: ``does not include--
``(A) an acquisition program''; and
(B) by striking the period at the end and inserting the
following: ``; or
``(B) an acquisition program for a defense business system (as
defined in section 2222(i)(1) of this title) carried out using the
acquisition guidance issued pursuant to section 883(e) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 10 U.S.C. 2223a note).''.
SEC. 832. PROHIBITION ON USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE
SOURCE SELECTION PROCESS FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Prohibition.--
(1) In general.--Chapter 144 of title 10, United States Code,
is amended by inserting after section 2441 the following new
section:
``Sec. 2442. Prohibition on use of lowest price technically acceptable
source selection process
``(a) In General.--The Department of Defense shall not use a lowest
price technically acceptable source selection process for the
engineering and manufacturing development contract of a major defense
acquisition program.
``(b) Definitions.--In this section:
``(1) Lowest price technically acceptable source selection
process.--The term `lowest price technically acceptable source
selection process' has the meaning given that term in part 15 of
the Federal Acquisition Regulation.
``(2) Major defense acquisition program.--The term `major
defense acquisition program' has the meaning given that term in
section 2430 of this title.
``(3) Engineering and manufacturing development contract.--The
term `engineering and manufacturing development contract' means a
prime contract for the engineering and manufacturing development of
a major defense acquisition program.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 2441 the following new item:
``2442. Prohibition on use of lowest price technically acceptable source
selection process.''.
(b) Applicability.--The requirements of section 2442 of title 10,
United States Code, as added by subsection (a), shall apply to major
defense acquisition programs for which budgetary authority is requested
for fiscal year 2019 or a subsequent fiscal year.
SEC. 833. ROLE OF THE CHIEF OF THE ARMED FORCE IN MATERIAL
DEVELOPMENT DECISION AND ACQUISITION SYSTEM MILESTONES.
Section 2547(b) of title 10, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) Consistent with the performance of duties under subsection
(a), the Chief of the armed force concerned, or in the case of a joint
program the chiefs of the armed forces concerned, with respect to major
defense acquisition programs, shall--
``(A) concur with the need for a material solution as
identified in the Material Development Decision Review prior to
entry into the Material Solution Analysis Phase under Department of
Defense Instruction 5000.02;
``(B) concur with the cost, schedule, technical feasibility,
and performance trade-offs that have been made with regard to the
program before Milestone A approval is granted under section 2366a
of this title;
``(C) concur that appropriate trade-offs among cost, schedule,
technical feasibility, and performance objectives have been made to
ensure that the program is affordable when considering the per unit
cost and the total life-cycle cost before Milestone B approval is
granted under section 2366b of this title; and
``(D) concur that the requirements in the program capability
document are necessary and realistic in relation to program cost
and fielding targets as required by paragraph (1) before Milestone
C approval is granted.''.
SEC. 834. REQUIREMENT TO EMPHASIZE RELIABILITY AND MAINTAINABILITY
IN WEAPON SYSTEM DESIGN.
(a) Sustainment Factors in Weapon System Design.--
(1) In general.--Chapter 144 of title 10, United States Code,
as amended by section 832, is further amended by adding at the end
the following new section:
``Sec. 2443. Sustainment factors in weapon system design
``(a) In General.--The Secretary of Defense shall ensure that the
defense acquisition system gives ample emphasis to sustainment factors,
particularly those factors that are affected principally by the design
of a weapon system, in the development of a weapon system.
``(b) Requirements Process.--The Secretary shall ensure that
reliability and maintainability are included in the performance
attributes of the key performance parameter on sustainment during the
development of capabilities requirements.
``(c) Solicitation and Award of Contracts.--
``(1) Requirement.--The program manager of a weapon system
shall include in the solicitation for and terms of a covered
contract for the weapon system clearly defined and measurable
requirements for engineering activities and design specifications
for reliability and maintainability.
``(2) Exception.--If the program manager determines that
engineering activities and design specifications for reliability or
maintainability should not be a requirement in a covered contract
or a solicitation for such a contract, the program manager shall
document in writing the justification for the decision.
``(3) Source selection criteria.--The Secretary shall ensure
that sustainment factors, including reliability and
maintainability, are given ample emphasis in the process for source
selection. The Secretary shall encourage the use of objective
reliability and maintainability criteria in the evaluation of
competitive proposals.
``(d) Contract Performance.--
``(1) In general.--The Secretary shall ensure that the
Department of Defense uses best practices for responding to the
positive or negative performance of a contractor in meeting the
sustainment requirements of a covered contract for a weapon system.
The Secretary shall encourage the use of incentive fees and
penalties as appropriate and authorized in paragraph (2) in all
covered contracts for weapons systems.
``(2) Authority for incentive fees and penalties.--The
Secretary of Defense is authorized to include in any covered
contract provisions for the payment of incentive fees to the
contractor based on achievement of design specification
requirements for reliability and maintainability of weapons systems
under the contract, or the imposition of penalties to be paid by
the contractor to the Government for failure to achieve such design
specification requirements. Information about such fees or
penalties shall be included in the solicitation for any covered
contract that includes such fees or penalties.
``(3) Measurement of reliability and maintainability.--In
carrying out paragraph (2), the program manager shall base
determinations of a contractor's performance on reliability and
maintainability data collected during the program. Such data
collection and associated evaluation metrics shall be described in
detail in the covered contract. To the maximum extent practicable,
such data shall be shared with appropriate contractor and
government organizations.
``(4) Notification.--The Secretary of Defense shall notify the
congressional defense committees upon entering into a covered
contract that includes incentive fees or penalties authorized in
paragraph (2).
``(e) Covered Contract Defined.--In this section, the term `covered
contract', with respect to a weapon system, means a contract--
``(1) for the engineering and manufacturing development of a
weapon system, including embedded software; or
``(2) for the production of a weapon system, including embedded
software.''.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter I of such chapter, as amended by section 832, is
further amended by adding at the end the following new item:
``2443. Sustainment factors in weapon system design.''.
(b) Effective Date for Certain Provisions.--Subsections (c) and (d)
of section 2443 of title 10, United States Code, as added by subsection
(a), shall apply with respect to any covered contract (as defined in
that section) for which the contract solicitation is issued on or after
the date occurring one year after the date of the enactment of this
Act.
(c) Engineering Change Authorized.--Subject to the availability of
appropriations, the Secretary of Defense may fund engineering changes
to the design of a weapon system in the engineering and manufacturing
development phase or in the production phase of an acquisition program
to improve reliability or maintainability of the weapon system and
reduce projected operating and support costs.
SEC. 835. LICENSING OF APPROPRIATE INTELLECTUAL PROPERTY TO SUPPORT
MAJOR WEAPON SYSTEMS.
(a) Negotiation of Price for Technical Data Before Development or
Production of Major Weapon System.--
(1) Requirement.--Chapter 144 of title 10, United States Code,
is amended by inserting after section 2438 the following new
section:
``Sec. 2439. Negotiation of price for technical data before development
or production of major weapon systems
``The Secretary of Defense shall ensure that the Department of
Defense, before selecting a contractor for the engineering and
manufacturing development of a major weapon system, or for the
production of a major weapon system, negotiates a price for technical
data to be delivered under a contract for such development or
production.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 2438 the following new item:
``2439. Negotiation of price for technical data before development or
production of major weapon systems.''.
(3) Effective date.--Section 2439 of title 10, United States
Code, as added by paragraph (1), shall apply with respect to any
contract for engineering and manufacturing development of a major
weapon system, or for the production of a major weapon system, for
which the contract solicitation is issued on or after the date
occurring one year after the date of the enactment of this Act.
(b) Written Determination for Milestone B Approval.--
(1) In general.--Subsection (a)(3) of section 2366b of title
10, United States Code, is amended--
(A) by striking ``and'' at the end of subparagraph (M); and
(B) by inserting after subparagraph (N) the following new
subparagraph:
``(O) appropriate actions have been taken to negotiate and
enter into a contract or contract options for the technical
data required to support the program; and''.
(2) Effective date.--Section 2366b(a)(3)(O) of title 10, United
States Code, as added by paragraph (1), shall apply with respect to
any major defense acquisition program receiving Milestone B
approval on or after the date occurring one year after the date of
the enactment of this Act.
(c) Preference for Negotiation of Customized License Agreements.--
Section 2320 of title 10, United States Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections (g)
and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Preference for Specially Negotiated Licenses.--The Secretary
of Defense shall, to the maximum extent practicable, negotiate and
enter into a contract with a contractor for a specially negotiated
license for technical data to support the product support strategy of a
major weapon system or subsystem of a major weapon system. In
performing the assessment and developing the corresponding strategy
required under subsection (e) for such a system or subsystem, a program
manager shall consider the use of specially negotiated licenses to
acquire customized technical data appropriate for the particular
elements of the product support strategy.''.
SEC. 836. CODIFICATION OF REQUIREMENTS PERTAINING TO ASSESSMENT,
MANAGEMENT, AND CONTROL OF OPERATING AND SUPPORT COSTS FOR MAJOR
WEAPON SYSTEMS.
(a) Codification and Amendment.--
(1) In general.--Chapter 137 of title 10, United States Code,
is amended by inserting after section 2337 the following new
section:
``Sec. 2337a. Assessment, management, and control of operating and
support costs for major weapon systems
``(a) Guidance Required.--The Secretary of Defense shall issue and
maintain guidance on actions to be taken to assess, manage, and control
Department of Defense costs for the operation and support of major
weapon systems.
``(b) Elements.--The guidance required by subsection (a) shall, at
a minimum--
``(1) be issued in conjunction with the comprehensive guidance
on life-cycle management and the development and implementation of
product support strategies for major weapon systems required by
section 2337 of this title;
``(2) require the military departments to retain each estimate
of operating and support costs that is developed at any time during
the life cycle of a major weapon system, together with supporting
documentation used to develop the estimate;
``(3) require the military departments to update estimates of
operating and support costs periodically throughout the life cycle
of a major weapon system, to determine whether preliminary
information and assumptions remain relevant and accurate, and
identify and record reasons for variances;
``(4) establish policies and procedures for the collection,
organization, maintenance, and availability of standardized data on
operating and support costs for major weapon systems in accordance
with section 2222 of this title;
``(5) establish standard requirements for the collection and
reporting of data on operating and support costs for major weapon
systems by contractors performing weapon system sustainment
functions in an appropriate format, and develop contract clauses to
ensure that contractors comply with such requirements;
``(6) require the military departments--
``(A) to collect and retain data from operational and
developmental testing and evaluation on the reliability and
maintainability of major weapon systems; and
``(B) to use such data to inform system design decisions,
provide insight into sustainment costs, and inform estimates of
operating and support costs for such systems;
``(7) require the military departments to ensure that
sustainment factors are fully considered at key life-cycle
management decision points and that appropriate measures are taken
to reduce operating and support costs by influencing system design
early in development, developing sound sustainment strategies, and
addressing key drivers of costs;
``(8) require the military departments to conduct an
independent logistics assessment of each major weapon system prior
to key acquisition decision points (including milestone decisions)
to identify features that are likely to drive future operating and
support costs, changes to system design that could reduce such
costs, and effective strategies for managing such costs;
``(9) include--
``(A) reliability metrics for major weapon systems; and
``(B) requirements on the use of metrics under subparagraph
(A) as triggers--
``(i) to conduct further investigation and analysis
into drivers of those metrics; and
``(ii) to develop strategies for improving reliability,
availability, and maintainability of such systems at an
affordable cost; and
``(10) require the military departments to conduct periodic
reviews of operating and support costs of major weapon systems
after such systems achieve initial operational capability to
identify and address factors resulting in growth in operating and
support costs and adapt support strategies to reduce such costs.
``(c) Retention of Data on Operating and Support Costs.--
``(1) In general.--The Director of Cost Assessment and Program
Evaluation shall be responsible for developing and maintaining a
database on operating and support estimates, supporting
documentation, and actual operating and support costs for major
weapon systems.
``(2) Support.--The Secretary of Defense shall ensure that the
Director, in carrying out such responsibility--
``(A) promptly receives the results of all cost estimates
and cost analyses conducted by the military departments with
regard to operating and support costs of major weapon systems;
``(B) has timely access to any records and data of the
military departments (including classified and proprietary
information) that the Director considers necessary to carry out
such responsibility; and
``(C) with the concurrence of the Under Secretary of
Defense for Acquisition and Sustainment, may direct the
military departments to collect and retain information
necessary to support the database.
``(d) Major Weapon System Defined.--In this section, the term
`major weapon system' has the meaning given that term in section
2379(f) of title 10, United States Code.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 137 of such title is amended by adding after the item
relating to section 2337 the following new item:
``2337a. Assessment, management, and control of operating and support
costs for major weapon systems.''.
(b) Repeal of Superseded Section.--
(1) Repeal.--Section 832 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 2430 note)
is repealed.
(2) Conforming amendment.--Section 2441(c) of title 10, United
States Code, is amended by striking ``section 2337 of this title''
and all that follows through the period and inserting ``sections
2337 and 2337a of this title.''.
SEC. 837. SHOULD-COST MANAGEMENT.
(a) Requirement for Regulations.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall amend
the Defense Supplement to the Federal Acquisition Regulation to provide
for the appropriate use of the should-cost review process of a major
weapon system in a manner that is transparent, objective, and provides
for the efficiency of the systems acquisition process in the Department
of the Defense.
(b) Required Elements.--The regulations required under subsection
(a) shall incorporate, at a minimum, the following elements:
(1) A description of the features of the should-cost review
process.
(2) Establishment of a process for communicating with the prime
contractor on the program the elements of a proposed should-cost
review.
(3) A method for ensuring that identified should-cost savings
opportunities are based on accurate, complete, and current
information and can be quantified and tracked.
(4) A description of the training, skills, and experience that
Department of Defense and contractor officials carrying out a
should-cost review in subsection (a) should possess.
(5) A method for ensuring appropriate collaboration with the
contractor throughout the review process.
(6) Establishment of review process requirements that provide
for sufficient analysis and minimize any impact on program
schedule.
SEC. 838. IMPROVEMENTS TO TEST AND EVALUATION PROCESSES AND TOOLS.
(a) Developmental Test Plan Sufficiency Assessments.--
(1) Addition to milestone b brief summary report.--Section
2366b(c)(1) of title 10, United States Code, is amended--
(A) by redesignating subparagraph (G) as subparagraph (H);
and
(B) by inserting after subparagraph (F) the following new
subparagraph (G):
``(G) An assessment of the sufficiency of developmental
test and evaluation plans, including the use of automated data
analytics or modeling and simulation tools and
methodologies.''.
(2) Addition to milestone c brief summary report.--Section
2366c(a) of such title is amended by inserting after paragraph (3)
the following new paragraph:
``(4) An assessment of the sufficiency of the developmental
test and evaluation completed, including the use of automated data
analytics or modeling and simulation tools and methodologies.''.
(3) Responsibility for conducting assessments.--For purposes of
the sufficiency assessments required by section 2366b(c)(1) and
section 2366c(a)(4) of such title, as added by paragraphs (1) and
(2), with respect to a major defense acquisition program--
(A) if the milestone decision authority for the program is
the service acquisition executive of the military department
that is managing the program, the sufficiency assessment shall
be conducted by the senior official within the military
department with responsibility for developmental testing; and
(B) if the milestone decision authority for the program is
the Under Secretary of Defense for Acquisition and Sustainment,
the sufficiency assessment shall be conducted by the senior
Department of Defense official with responsibility for
developmental testing.
(4) Guidance required.--Within one year after the date of the
enactment of this Act, the senior Department of Defense official
with responsibility for developmental testing shall develop
guidance for the sufficiency assessments required by section
2366b(c)(1) and section 2366c(a)(4) of title 10, United States
Code, as added by paragraphs (1) and (2). At a minimum, the
guidance shall require--
(A) for the sufficiency assessment required by section
2366b(c)(1) of such title, that the assessment address the
sufficiency of--
(i) the developmental test and evaluation plan;
(ii) the developmental test and evaluation schedule,
including a comparison to historic analogous systems;
(iii) the developmental test and evaluation resources
(facilities, personnel, test assets, data analytics tools,
and modeling and simulation capabilities);
(iv) the risks of developmental test and production
concurrency; and
(v) the developmental test criteria for entering the
production phase; and
(B) for the sufficiency assessment required by section
2366c(a)(4) of such title, that the assessment address--
(i) the sufficiency of the developmental test and
evaluation completed;
(ii) the sufficiency of the plans and resources
available for remaining developmental test and evaluation;
(iii) the risks identified during developmental testing
to the production and deployment phase;
(iv) the sufficiency of the plans and resources for
remaining developmental test and evaluation; and
(v) the readiness of the system to perform scheduled
initial operational test and evaluation.
(b) Evaluation of Department of Defense Need for Centralized Tools
for Developmental Test and Evaluation.--The Secretary of Defense shall
evaluate the strategy of the Department of Defense for developing and
expanding the use of tools designed to facilitate the cost
effectiveness and efficiency of developmental testing, including
automated test methods and tools, modeling and simulation tools, and
data analytics technologies. The evaluation shall include a
determination of the appropriate role of the senior Department of
Defense official with responsibility for developmental testing in
developing enterprise level strategies related to such types of testing
tools.
SEC. 839. ENHANCEMENTS TO TRANSPARENCY IN TEST AND EVALUATION
PROCESSES AND DATA.
(a) Additional Test and Evaluation Duties of Military Secretaries
and Defense Agency Heads.--
(1) Report on comparison of operational test and evaluation
results to legacy items or components.--Concurrent with the
submission of a report required under section 2399(b)(2) of title
10, United States Code, the Secretary of a military department or
the head of a Defense Agency may provide to the congressional
defense committees and the Secretary of Defense a report describing
of the performance of the items or components evaluated as part of
the operational test and evaluation for each major defense
acquisition program conducted under such section by the Director of
Operational Test and Evaluation in relation to comparable legacy
items or components, if such items or components exist and relevant
data are available without requiring additional testing.
(2) Additional report on operational test and evaluation
activities.--Within 45 days after the submission of an annual
report required by section 139(h) of title 10, United States Code,
the Secretaries of the military departments may each submit to the
congressional defense committees a report addressing any concerns
related to information included in the annual report, or providing
updated or additional information, as appropriate.
(b) Requirements for Collection of Cost Data on Test and
Evaluation.--
(1) In general.--Not later than one year after the date of the
enactment of this Act and subject to paragraph (2), the Director of
Operational Test and Evaluation, the senior official of the
Department of Defense with responsibility for developmental
testing, and the Director of the Test Resource Management Center
shall jointly develop policies, procedures, guidance, and a method
to collect data that ensures that consistent and high quality data
are collected on the full range of estimated and actual
developmental, live fire, and operational testing costs for major
defense acquisition programs.
(2) Concurrence and coordination required.--Before implementing
the policies, procedures, guidance, and method developed under
paragraph (1), the Director of Operational Test and Evaluation, the
senior official of the Department of Defense with responsibility
for developmental testing, and the Director of the Test Resource
Management Center shall--
(A) obtain the concurrence of the Director for Cost
Assessment and Program Evaluation; and
(B) coordinate with the Secretaries of the military
departments.
(3) Data requirements.--
(A) Electronic database.--Data on estimated and actual
developmental, live fire, and operational testing costs shall
be maintained in an electronic database maintained by the
Director for Cost Assessment and Program Evaluation or another
appropriate official of the Department of Defense, and shall be
made available for analysis by testing, acquisition, and other
appropriate officials of the Department of Defense, as
determined by the Director of Operational Test and Evaluation,
the senior official of the Department of Defense with
responsibility for developmental testing, or the Director of
the Test Resource Management Center.
(B) Diaggregation by costs.--To the maximum extent
practicable, data collected under this subsection shall be set
forth separately by costs for developmental testing,
operational testing, and training.
(c) Major Defense Acquisition Program Defined.--In this section,
the term ``major defense acquisition program'' has the meaning provided
in section 2430 of title 10, United States Code.
Subtitle D--Provisions Relating to Acquisition Workforce
SEC. 841. ENHANCEMENTS TO THE CIVILIAN PROGRAM MANAGEMENT
WORKFORCE.
(a) Establishment of Program Manager Development Program.--
(1) In general.--The Secretary of Defense, in consultation with
the Secretaries of the military departments, shall implement a
program manager development program to provide for the professional
development of high-potential, experienced civilian personnel.
Personnel shall be competitively selected for the program based on
their potential to become a program manager of a major defense
acquisition program, as defined in section 2430 of title 10, United
States Code. The program shall be administered and overseen by the
Secretary of each military department, acting through the service
acquisition executive for the department concerned.
(2) Plan required.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and the House of
Representatives a comprehensive plan to implement the program
established under paragraph (1). In developing the plan, the
Secretary of Defense shall seek the input of relevant external
parties, including professional associations, other government
entities, and industry. The plan shall include the following
elements:
(A) An assessment of the minimum level of subject matter
experience, education, years of experience, certifications, and
other qualifications required to be selected into the program,
set forth separately for current Department of Defense
employees and for personnel hired into the program from outside
the Department of Defense.
(B) A description of hiring flexibilities to be used to
recruit qualified personnel from outside the Department of
Defense.
(C) A description of the extent to which mobility
agreements will be required to be signed by personnel selected
for the program during their participation in the program and
after their completion of the program. The use of mobility
agreements shall be applied to help maximize the flexibility of
the Department of Defense in assigning personnel, while not
inhibiting the participation of the most capable candidates.
(D) A description of the tenure obligation required of
personnel selected for the program.
(E) A plan for training during the course of the program,
including training in leadership, program management,
engineering, finance and budgeting, market research, business
acumen, contracting, supplier management, requirement setting
and tradeoffs, intellectual property matters, and software.
(F) A description of career paths to be followed by
personnel in the program in order to ensure that personnel in
the program gain expertise in the program management functional
career field competencies identified by the Department in
existing guidance and the topics listed in subparagraph (E),
including--
(i) a determination of the types of advanced
educational degrees that enhance program management skills
and the mechanisms available to the Department of Defense
to facilitate the attainment of those degrees by personnel
in the program;
(ii) a determination of required assignments to
positions within acquisition programs, including position
type and acquisition category of the program office;
(iii) a determination of required or encouraged
rotations to career broadening positions outside of
acquisition programs; and
(iv) a determination of how the program will ensure the
opportunity for a required rotation to industry of at least
six months to develop an understanding of industry
motivation and business acumen, such as by developing an
industry exchange program for civilian program managers,
similar to the Corporate Fellows Program of the Secretary
of Defense.
(G) A general description of the number of personnel
anticipated to be selected into the program, how frequently
selections will occur, how long personnel selected into the
program will participate in the program, and how personnel will
be placed into an assignment at the completion of the program.
(H) A description of benefits that will be offered under
the program using existing human capital flexibilities to
retain qualified employees, such as student loan repayments,
bonuses, or pay banding.
(I) An assessment of personnel flexibilities needed to
allow the military departments and the Defense Agencies to
reassign or remove program managers that do not perform
effectively.
(J) A description of how the program will be administered
and overseen by the Secretaries of each military department,
acting through the service acquisition executive for the
department concerned.
(K) A description of how the program will be integrated
with existing program manager development efforts at each
military department.
(3) Use of defense acquisition workforce development fund.--
Amounts in the Department of Defense Acquisition Workforce
Development Fund (established under section 1705 of title 10,
United States Code) may be used to pay the base salary of personnel
in the program established under paragraph (1) during the period of
time such personnel are temporarily assigned to a developmental
rotation or training program anticipated to last at least six
months.
(4) Implementation.--The program established under paragraph
(1) shall be implemented not later than September 30, 2019.
(b) Independent Study of Incentives for Program Managers.--
(1) Requirement for study.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense shall
enter into a contract with an independent research entity described
in paragraph (2) to carry out a comprehensive study of incentives
for Department of Defense civilian and military program managers
for major defense acquisition programs, including--
(A) additional pay options for program managers to provide
incentives to senior civilian employees and military officers
to accept and remain in program manager roles;
(B) a financial incentive structure to reward program
managers for delivering capabilities on budget and on time; and
(C) a comparison between financial and non-financial
incentive structures for program managers in the Department of
Defense and an appropriate comparison group of private industry
companies.
(2) Independent research entity.--The entity described in this
subsection is 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.
(3) Reports.--
(A) To secretary.--Not later than nine months after the
date of the enactment of this Act, the independent research
entity shall provide to the Secretary a report containing--
(i) the results of the study required by paragraph (1);
and
(ii) such recommendations to improve the financial
incentive structure of program managers for major defense
acquisition programs as the independent research entity
considers to be appropriate.
(B) To congress.--Not later than 30 days after receipt of
the report under subparagraph (A), the Secretary of Defense
shall submit such report, together with any additional views or
recommendations of the Secretary, to the congressional defense
committees.
SEC. 842. CREDITS TO DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
DEVELOPMENT FUND.
Section 1705(d)(2)(D) of title 10, United States Code, is amended
to read as follows:
``(D) The Secretary of Defense may adjust the amount specified
in subparagraph (C) for a fiscal year if the Secretary determines
that the amount is greater or less than reasonably needed for
purposes of the Fund for such fiscal year. The Secretary may not
adjust the amount for a fiscal year to an amount that is more than
$600,000,000 or less than $400,000,000.''.
SEC. 843. IMPROVEMENTS TO THE HIRING AND TRAINING OF THE
ACQUISITION WORKFORCE.
(a) Use of Funds From the Defense Acquisition Workforce Development
Fund to Pay Salaries of Personnel to Manage the Fund.--
(1) In general.--Subsection 1705(e) of title 10, United States
Code, is amended--
(A) in paragraph (1)--
(i) by inserting ``(A)'' before ``Subject to the
provisions of this subsection''; and
(ii) by adding at the end the following new
subparagraph:
``(B) Amounts in the Fund also may be used to pay salaries of
personnel at the Office of the Secretary of Defense, military
departments, and Defense Agencies to manage the Fund.''; and
(B) in paragraph (3)--
(i) by striking ``and'' at the end of subparagraph (C);
(ii) by striking the period and inserting ``; and'' at
the end of subparagraph (D); and
(iii) by adding at the end the following new
subparagraph:
``(E) describing the amount from the Fund that may be used
to pay salaries of personnel at the Office of the Secretary of
Defense, military departments, and Defense Agencies to manage
the Fund and the circumstances under which such amounts may be
used for such purpose.''.
(2) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue, and
submit to the congressional defense committees, the policy guidance
required by subparagraph (E) of section 1705(e)(3) of title 10,
United States Code, as added by paragraph (1).
(b) Comptroller General Review of Effectiveness of Hiring and
Retention Flexibilities for Acquisition Workforce Personnel.--
(1) In general.--Not later than June 30, 2019, the Comptroller
General of the United States shall submit to the congressional
defense committees a report on the effectiveness of hiring and
retention flexibilities for the acquisition workforce.
(2) Elements.--The report under this subsection shall include
the following:
(A) A determination of the extent to which the Department
of Defense experiences challenges with recruitment and
retention of the acquisition workforce, such as post-employment
restrictions.
(B) A description of the hiring and retention flexibilities
available to the Department to fill civilian acquisition
positions and the extent to which the Department has used the
flexibilities available to it to target critical or
understaffed career fields.
(C) A determination of the extent to which the Department
has the necessary data and metrics on its use of hiring and
retention flexibilities for the civilian acquisition workforce
to strategically manage the use of such flexibilities.
(D) An identification of the factors that affect the use of
hiring and retention flexibilities for the civilian acquisition
workforce.
(E) Recommendations for any necessary changes to the hiring
and retention flexibilities available to the Department to fill
civilian acquisition positions.
(F) A description of the flexibilities available to the
Department to remove underperforming members of the acquisition
workforce and the extent to which any such flexibilities are
used.
(c) Assessment and Report Required on Business-related Training for
the Acquisition Workforce.--
(1) Assessment.--The Under Secretary of Defense for Acquisition
and Sustainment shall conduct an assessment of the following:
(A) The effectiveness of industry certifications, other
industry training programs, including fellowships, and training
and education programs at educational institutions outside of
the Defense Acquisition University available to defense
acquisition workforce personnel.
(B) Gaps in knowledge of industry operations, industry
motivation, and business acumen in the acquisition workforce.
(2) Report.--Not later than December 31, 2018, the Under
Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report containing the
results of the assessment conducted under this subsection.
(3) Elements.--The assessment and report under paragraphs (1)
and (2) shall address the following:
(A) Current sources of training and career development
opportunities, industry rotations, and other career development
opportunities related to knowledge of industry operations,
industry motivation, and business acumen for each acquisition
position, as designated under section 1721 of title 10, United
States Code.
(B) Gaps in training, industry rotations, and other career
development opportunities related to knowledge of industry
operations, industry motivation, and business acumen for each
such acquisition position.
(C) Plans to address those gaps for each such acquisition
position.
(D) Consideration of the role industry-taught classes and
classes taught at educational institutions outside of the
Defense Acquisition University could play in addressing gaps.
(d) Comptroller General Review of Acquisition Training for Non-
acquisition Workforce Personnel.--
(1) In general.--Not later than June 30, 2019, the Comptroller
General of the United States shall submit to the congressional
defense committees a report on acquisition-related training for
personnel working on acquisitions but not considered to be part of
the acquisition workforce (as defined in section 101(18) of title
10, United States Code) (hereafter in this subsection referred to
as ``non-acquisition workforce personnel'').
(2) Elements.--The report shall address the following:
(A) The extent to which non-acquisition workforce personnel
play a significant role in defining requirements, conducting
market research, participating in source selection and contract
negotiation efforts, and overseeing contract performance.
(B) The extent to which the Department is able to identify
and track non-acquisition workforce personnel performing the
roles identified in subparagraph (A).
(C) The extent to which non-acquisition workforce personnel
are taking acquisition training.
(D) The extent to which the Defense Acquisition Workforce
Development Fund has been used to provide acquisition training
to non-acquisition workforce personnel.
(E) A description of sources of funding other than the Fund
that are available to and used by the Department to provide
non-acquisition workforce personnel with acquisition training.
(F) The extent to which additional acquisition training is
needed for non-acquisition workforce personnel, including the
types of training needed, the positions that need the training,
and any challenges to delivering necessary additional training.
SEC. 844. EXTENSION AND MODIFICATIONS TO ACQUISITION DEMONSTRATION
PROJECT.
(a) Extension.--Section 1762(g) of title 10, United States Code, is
amended by striking ``December 31, 2020'' and inserting ``December 31,
2023''.
(b) Increase in Limit on Number of Participants.--Section 1762(c)
of title 10, United States Code, is amended by striking ``the
demonstration project under this section may not exceed 120,000'' and
inserting ``at any one time the demonstration project under this
section may not exceed 130,000''.
(c) Implementation Strategy for Improvements in Acquisition
Demonstration Project.--
(1) Strategy required.--The Secretary of Defense shall develop
an implementation strategy to address areas for improvement in the
demonstration project required by section 1762 of title 10, United
States Code, as identified in the second assessment of such
demonstration project required by section 1762(e) of such title.
(2) Elements.--The strategy shall include the following
elements:
(A) Actions that have been or will be taken to assess
whether the flexibility to set starting salaries at different
levels is being used appropriately by supervisors and managers
to compete effectively for highly skilled and motivated
employees.
(B) Actions that have been or will be taken to assess
reasons for any disparities in career outcomes across race and
gender for employees in the demonstration project.
(C) Actions that have been or will be taken to strengthen
the link between employee contribution and compensation for
employees in the demonstration project.
(D) Actions that have been or will be taken to enhance the
transparency of the pay system for employees in the
demonstration project.
(E) A time frame and individual responsible for each action
identified under subparagraphs (A) through (D).
(3) Briefing required.--Not later than one year 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
Senate and House of Representatives and the Committee on Oversight
and Government Reform of the House of Representatives on the
implementation strategy required by paragraph (1).
Subtitle E--Provisions Relating to Commercial Items
SEC. 846. PROCUREMENT THROUGH COMMERCIAL E-COMMERCE PORTALS.
(a) Establishment of Program.--The Administrator shall establish a
program to procure commercial products through commercial e-commerce
portals for purposes of enhancing competition, expediting procurement,
enabling market research, and ensuring reasonable pricing of commercial
products. The Administrator shall carry out the program in accordance
with this section, through multiple contracts with multiple commercial
e-commerce portal providers, and shall design the program to be
implemented in phases with the objective of enabling Government-wide
use of such portals.
(b) Use of Program.--The head of a department or agency may
procure, as appropriate, commercial products for the department or
agency using the program established pursuant to subsection (a).
(c) Implementation and Reporting Requirements.--The Director of the
Office of Management and Budget, in consultation with the Administrator
and the heads of other relevant departments and agencies, shall carry
out the implementation phases set forth in, and submit to the
appropriate congressional committees the items of information required
by, the following paragraphs:
(1) Phase i: implementation plan.--Not later than 90 days after
the date of the enactment of this Act, an implementation plan and
schedule for carrying out the program established pursuant to
subsection (a), including a discussion and recommendations
regarding whether any changes to, or exemptions from, laws that set
forth policies, procedures, requirements, or restrictions for the
procurement of property or services by the Federal Government are
necessary for effective implementation of this section.
(2) Phase ii: market analysis and consultation.--Not later than
one year after the date of the submission of the implementation
plan and schedule required under paragraph (1), recommendations for
any changes to, or exemptions from, laws necessary for effective
implementation of this section, and information on the results of
the following actions:
(A) Market analysis and initial communications with
potential commercial e-commerce portal providers on technical
considerations of how the portals function (including the use
of standard terms and conditions of the portals by the
Government), the degree of customization that can occur without
creating a Government-unique portal, the measures necessary to
address the considerations for supplier and product screening
specified in subsection (e), security of data, considerations
pertaining to nontraditional Government contractors, and
potential fees, if any, to be charged by the Administrator, the
portal provider, or the suppliers for participation in the
program established pursuant to subsection (a).
(B) Consultation with affected departments and agencies
about their unique procurement needs, such as supply chain
risks for health care products, information technology,
software, or any other category determined necessary by the
Administrator.
(C) An assessment of the products or product categories
that are suitable for purchase on the commercial e-commerce
portals.
(D) An assessment of the precautions necessary to safeguard
any information pertaining to the Federal Government,
especially precautions necessary to protect against national
security or cybersecurity threats.
(E) A review of standard terms and conditions of commercial
e-commerce portals in the context of Government requirements.
(F) An assessment of the impact on existing programs,
including schedules, set-asides for small business concerns,
and other preference programs.
(3) Phase iii: program implementation guidance.--Not later than
two years after the date of the submission of the implementation
plan and schedule required under paragraph (1), guidance to
implement and govern the use of the program established pursuant to
subsection (a), including protocols for oversight of procurement
through the program, and compliance with laws pertaining to
supplier and product screening requirements, data security, and
data analytics.
(4) Additional implementation phases.--A description of
additional implementation phases, as determined by the
Administrator, that includes a selection of agencies to participate
in any such additional implementation phase (which may include the
award of contracts to multiple commercial e-commerce portal
providers).
(d) Considerations for Commercial e-commerce Portals.--The
Administrator shall consider commercial e-commerce portals for use
under the program established pursuant to subsection (a) that are
widely used in the private sector and have or can be configured to have
features that facilitate the execution of program objectives, including
features related to supplier and product selection that are frequently
updated, an assortment of product and supplier reviews, invoicing
payment, and customer service.
(e) Information on Suppliers, Products, and Purchases.--
(1) Supplier participation and product screening.--The
Administrator shall provide or ensure electronic availability to a
commercial e-commerce portal provider awarded a contract pursuant
to subsection (a) on a periodic basis information necessary to
ensure compliance with laws pertaining to supplier and product
screening as identified during implementation phase III, as
described in subsection (c)(3).
(2) Provision of order information.--The Administrator shall
require each commercial e-commerce portal provider awarded a
contract pursuant to subsection (a) to provide order information as
determined by the Administrator during implementation phase II, as
described in subsection (c)(2).
(f) Relationship to Other Provisions of Law.--
(1) All laws, including laws that set forth policies,
procedures, requirements, or restrictions for the procurement of
property or services by the Federal Government, apply to the
program established pursuant to subsection (a) unless otherwise
provided in this section.
(2) A procurement of a product made through a commercial e-
commerce portal under the program established pursuant to
subsection (a) is deemed to be an award of a prime contract for
purposes of the goals established under section 15(g) of the Small
Business Act (15 U.S.C. 644(g)), if the purchase is from a supplier
that is a small business concern.
(3) Nothing in this section shall be construed as limiting the
authority of a department or agency to restrict competition to
small business concerns.
(4) Nothing in this section shall be construed as limiting the
applicability of section 1341 of title 31, United States Code
(popularly referred to as the Anti-Deficiency Act).
(g) Use of Commercial Practices and Standard Terms and
Conditions.--A procurement of a product through a commercial e-commerce
portal used under the program established pursuant to subsection (a)
shall be made, to the maximum extent practicable, under the standard
terms and conditions of the portal relating to purchasing on the
portal.
(h) Disclosure, Protection, and Use of Information.--In any
contract awarded to a commercial e-commerce portal provider pursuant to
subsection (a), the Administrator shall require that the provider--
(1) agree not to sell or otherwise make available to any third
party any information pertaining to a product ordered by the
Federal Government through the commercial e-commerce portal in a
manner that identifies the Federal Government, or any of its
departments or agencies, as the purchaser, except if the
information is needed to process or deliver an order or the
Administrator provides written consent;
(2) agree to take the necessary precautions to safeguard any
information pertaining to the Federal Government, especially
precautions necessary to protect against national security or
cybersecurity threats; and
(3) agree not to use, for pricing, marketing, competitive, or
other purposes, any information related to a product from a third-
party supplier featured on the commercial e-commerce portal or the
transaction of such a product, except as necessary to comply with
the requirements of the program established pursuant to subsection
(a).
(i) Simplified Acquisition Threshold.--A procurement through a
commercial e-commerce portal used under the program established
pursuant to subsection (a) shall not exceed the simplified acquisition
threshold in section 134 of title 41, United States Code.
(j) Comptroller General Assessments.--
(1) Assessment of implementation plan.--Not later than 90 days
after the Director of the Office of Management and Budget submits
the implementation plan described in subsection (c)(1) to the
appropriate congressional committees, the Comptroller General of
the United States shall submit to the appropriate congressional
committees an assessment of the plan, including any other matters
the Comptroller General considers relevant to the plan.
(2) Assessment of program implementation.--Not later than three
years after the first contract with a commercial e-commerce portal
provider is awarded pursuant to subsection (a), the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report on the challenges and benefits
the General Services Administration and participating departments
and agencies observe regarding implementation of the program
established pursuant to subsection (a). The report shall include
the following elements:
(A) A description of the acquisition of the commercial e-
commerce portals (including the extent to which the portals had
to be configured or otherwise modified to meet the needs of the
program) costs, and the implementation schedule.
(B) A description of participation by suppliers, with
particular attention to those described under subsection (e),
that have registered or that have sold goods with at least one
commercial e-commerce portal provider, including numbers,
categories, and trends.
(C) The effect, if any, of the program on the ability of
agencies to meet goals established for suppliers and products
described under subsection (e), including goals established
under section 15(g) of the Small Business Act (15 U.S.C.
644(g)).
(D) A discussion of the limitations, if any, to
participation by suppliers in the program.
(E) Any other matters the Comptroller General considers
relevant to report.
(k) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The Committees on Armed Services of the Senate and
House of Representatives.
(B) The Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Government Reform of the House of Representatives.
(C) The Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the House of
Representatives.
(3) Commercial e-commerce portal.--The term ``commercial e-
commerce portal'' means a commercial solution providing for the
purchase of commercial products aggregated, distributed, sold, or
manufactured via an online portal. The term does not include an
online portal managed by the Government for, or predominantly for
use by, Government agencies.
(4) Commercial product.--The term ``commercial product'' means
a commercially available off-the-shelf item, as defined in section
104 of title 41, United States Code, except the term does not
include services.
(5) Small business concern.--The term ``small business
concern'' has the meaning given such term under section 3 of the
Small Business Act (15 U.S.C. 632).
SEC. 847. REVISION TO DEFINITION OF COMMERCIAL ITEM.
(a) In General.--Section 103(8) of title 41, United States Code, is
amended by inserting before the period at the end the following: ``or
to multiple foreign governments''.
(b) Effect on Section 2464 of Title 10.--Nothing in the amendment
made by subsection (a) shall affect the meaning of the term
``commercial item'' for purposes of subsection (a)(5) of section 2464
of title 10, United States Code, or any requirement under subsection
(a)(3) or subsection (c) of such section.
SEC. 848. COMMERCIAL ITEM DETERMINATIONS.
Section 2380 of title 10, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Items Previously Acquired Using Commercial Item Acquisition
Procedures.--
``(1) Determinations.--A contract for an item acquired using
commercial item acquisition procedures under part 12 of the Federal
Acquisition Regulation shall serve as a prior commercial item
determination with respect to such item for purposes of this
chapter unless the senior procurement executive of the military
department or the Department of Defense as designated for purposes
of section 1702(c) of title 41 determines in writing that it is no
longer appropriate to acquire the item using commercial item
acquisition procedures.
``(2) Limitation.--(A) Except as provided under subparagraph
(B), funds appropriated or otherwise made available to the
Department of Defense may not be used for the procurement under
part 15 of the Federal Acquisition Regulation of an item that was
previously acquired under a contract using commercial item
acquisition procedures under part 12 of the Federal Acquisition
Regulation.
``(B) The limitation under subparagraph (A) does not apply to
the procurement of an item that was previously acquired using
commercial item acquisition procedures under part 12 of the Federal
Acquisition Regulation following--
``(i) a written determination by the head of contracting
activity pursuant to section 2306a(b)(4)(B) of this title that
the use of such procedures was improper; or
``(ii) a written determination by the senior procurement
executive of the military department or the Department of
Defense as designated for purposes of section 1702(c) of title
41 that it is no longer appropriate to acquire the item using
such procedures.''.
SEC. 849. REVIEW OF REGULATIONS ON COMMERCIAL ITEMS.
(a) Review of Determinations Not to Exempt Department of Defense
Contracts for Commercial Items and Commercially Available Off-the-shelf
Items From Certain Laws and Regulations.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense shall--
(1) review each determination of the Federal Acquisition
Regulatory Council pursuant to section 1906(b)(2), section
1906(c)(3), or section 1907(a)(2) of title 41, United States Code,
not to exempt contracts and subcontracts described in subsection
(a) of section 2375 of title 10, United States Code, from laws such
contracts and subcontracts would otherwise be exempt from under
section 1906(d) of title 41, United States Code; and
(2) propose revisions to the Department of Defense Supplement
to the Federal Acquisition Regulation to provide an exemption from
each law subject to such determination unless the Secretary
determines there is a specific reason not to provide the exemption.
(b) Review of Certain Contract Clause Requirements Applicable to
Commercial Item Contracts.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall--
(1) review the Department of Defense Supplement to the Federal
Acquisition Regulation to assess all regulations that require a
specific contract clause for a contract using commercial item
acquisition procedures under part 12 of the Federal Acquisition
Regulation, except for regulations required by law or Executive
order; and
(2) propose revisions to the Department of Defense Supplement
to the Federal Acquisition Regulation to eliminate regulations
reviewed under paragraph (1) unless the Secretary determines on a
case-by-case basis that there is a specific reason not to eliminate
the regulation.
(c) Elimination of Certain Contract Clause Regulations Applicable
to Commercially Available Off-the-shelf Item Subcontracts.--Not later
than one year after the date of the enactment of this Act, the
Secretary of Defense shall--
(1) review the Department of Defense Supplement to the Federal
Acquisition Regulation to assess all regulations that require a
prime contractor to include a specific contract clause in a
subcontract for commercially available off-the-shelf items unless
the inclusion of such clause is required by law or Executive order;
and
(2) propose revisions to the Department of Defense Supplement
to the Federal Acquisition Regulation to eliminate regulations
reviewed under paragraph (1) unless the Secretary determines on a
case-by-case basis that there is a specific reason not to eliminate
the regulation.
SEC. 850. TRAINING IN COMMERCIAL ITEMS PROCUREMENT.
(a) Training.--Not later than one year after the date of the
enactment of this Act, the President of the Defense Acquisition
University shall establish a comprehensive training program on part 12
of the Federal Acquisition Regulation. The training shall cover, at a
minimum, the following topics:
(1) The origin of part 12 and the congressional mandate to
prefer commercial procurements.
(2) The definition of a commercial item, with a particular
focus on the ``of a type'' concept.
(3) Price analysis and negotiations.
(4) Market research and analysis.
(5) Independent cost estimates.
(6) Parametric estimating methods.
(7) Value analysis.
(8) Best practices in pricing from commercial sector
organizations, foreign government organizations, and other Federal,
State, and local public sectors organizations.
(9) Other topics on commercial procurements necessary to ensure
a well-educated acquisition workforce.
(b) Enrollments Goals.--The President of the Defense Acquisition
University shall set goals for student enrollment for the comprehensive
training program established under subsection (a).
(c) Supporting Activities.--The Secretary of Defense shall, in
support of the achievement of the goals of this section--
(1) engage academic experts on research topics of interest to
improve commercial item identification and pricing methodologies;
and
(2) facilitate exchange and interface opportunities between
government personnel to increase awareness of best practices and
challenges in commercial item identification and pricing.
(d) Funding.--The Secretary of Defense shall use amounts available
in the Department of Defense Acquisition Workforce Development Fund
established under section 1705 of title 10, United States Code, to fund
the comprehensive training program established under subsection (a).
Subtitle F--Provisions Relating to Services Contracting
SEC. 851. IMPROVEMENT OF PLANNING FOR ACQUISITION OF SERVICES.
(a) In General.--
(1) Improvement of planning for acquisition of services.--
Chapter 137 of title 10, United States Code, is amended by
inserting after section 2328 the following new section:
``Sec. 2329. Procurement of services: data analysis and requirements
validation
``(a) In General.--The Secretary of Defense shall ensure that--
``(1) appropriate and sufficiently detailed data are collected
and analyzed to support the validation of requirements for services
contracts and inform the planning, programming, budgeting, and
execution process of the Department of Defense;
``(2) requirements for services contracts are evaluated
appropriately and in a timely manner to inform decisions regarding
the procurement of services; and
``(3) decisions regarding the procurement of services consider
available resources and total force management policies and
procedures.
``(b) Specification of Amounts Requested in Budget.--Effective
October 1, 2022, the Secretary of Defense shall annually submit to
Congress information on services contracts that clearly and separately
identifies the amount requested for each category of services to be
procured for each Defense Agency, Department of Defense Field Activity,
command, or military installation. Such information shall--
``(1) be submitted at or about the time of the budget
submission by the President under section 1105(a) of title 31;
``(2) cover the fiscal year covered by such budget submission
by the President;
``(3) be consistent with total amounts of estimated
expenditures and proposed appropriations necessary to support the
programs, projects, and activities of the Department of Defense
included in such budget submission by the President for that fiscal
year; and
``(4) be organized using a common enterprise data structure
developed under section 2222 of this title.
``(c) Data Analysis.--(1) Each Secretary of a military department
shall regularly analyze past spending patterns and anticipated future
requirements with respect to the procurement of services within such
military department.
``(2)(A) The Secretary of Defense shall regularly analyze past
spending patterns and anticipated future requirements with respect to
the procurement of services--
``(i) within each Defense Agency and Department of Defense
Field Activity; and
``(ii) across military departments, Defense Agencies, and
Department of Defense Field Activities.
``(B) The Secretaries of the military departments shall make data
on services contracts available to the Secretary of Defense for
purposes of conducting the analysis required under subparagraph (A).
``(3) The analyses conducted under this subsection shall--
``(A) identify contracts for similar services that are procured
for three or more consecutive years at each Defense Agency,
Department of Defense Field Activity, command, or military
installation;
``(B) evaluate patterns in the procurement of services, to the
extent practicable, at each Defense Agency, Department of Defense
Field Activity, command, or military installation and by category
of services procured;
``(C) be used to validate requirements for services contracts
entered into after the date of the enactment of this subsection;
and
``(D) be used to inform decisions on the award of and funding
for such services contracts.
``(d) Requirements Evaluation.--Each Services Requirements Review
Board shall evaluate each requirement for a services contract, taking
into consideration total force management policies and procedures,
available resources, the analyses conducted under subsection (c), and
contracting efficacy and efficiency. An evaluation of a services
contract for compliance with contracting policies and procedures may
not be considered to be an evaluation of a requirement for such
services contract.
``(e) Timely Planning to Avoid Bridge Contracts.--(1) Effective
October 1, 2018, the Secretary of Defense shall ensure that a
requirements owner shall, to the extent practicable, plan appropriately
before the date of need of a service at a Defense Agency, Department of
Defense Field Activity, command, or military installation to avoid the
use of a bridge contract to provide for continuation of a service to be
performed through a services contract. Such planning shall include
allowing time for a requirement to be validated, a services contract to
be entered into, and funding for the services contract to be secured.
``(2)(A) Upon the first use, due to inadequate planning (as
determined by the Secretary of Defense), of a bridge contract to
provide for continuation of a service to be performed through a
services contract, the requirements owner, along with the contracting
officer or a designee of the contracting officer for the contract,
shall--
``(i) for a services contract in an amount less than
$10,000,000, provide an update on the status of the bridge contract
(including the rationale for using the bridge contract) to the
commander or the senior civilian official of the Defense Agency
concerned, Department of Defense Field Activity concerned, command
concerned, or military installation concerned, as applicable; or
``(ii) for a services contract in an amount equal to or greater
than $10,000,000, provide an update on the status of the bridge
contract (including the rationale for using the bridge contract) to
the service acquisition executive for the military department
concerned, the head of the Defense Agency concerned, the combatant
commander concerned, or the Under Secretary of Defense for
Acquisition and Sustainment, as applicable.
``(B) Upon the second use, due to inadequate planning (as
determined by the Secretary of Defense), of a bridge contract to
provide for continuation of a service to be performed through a
services contract in an amount less than $10,000,000, the commander or
senior civilian official referred to in subparagraph (A)(i) shall
provide notification of such second use to the Vice Chief of Staff of
the armed force concerned and the service acquisition executive of the
military department concerned, the head of the Defense Agency
concerned, the combatant commander concerned, or the Under Secretary of
Defense for Acquisition and Sustainment, as applicable.
``(f) Exception.--Except with respect to the analyses required
under subsection (c), this section shall not apply to--
``(1) services contracts in support of contingency operations,
humanitarian assistance, or disaster relief;
``(2) services contracts in support of a national security
emergency declared with respect to a named operation; or
``(3) services contracts entered into pursuant to an
international agreement.
``(g) Definitions.--In this section:
``(1) The term `bridge contact' means--
``(A) an extension to an existing contract beyond the
period of performance to avoid a lapse in service caused by a
delay in awarding a subsequent contract; or
``(B) a new short-term contract awarded on a sole-source
basis to avoid a lapse in service caused by a delay in awarding
a subsequent contract.
``(2) The term `requirements owner' means a member of the armed
forces (other than the Coast Guard) or a civilian employee of the
Department of Defense responsible for a requirement for a service
to be performed through a services contract.
``(3) The term `Services Requirements Review Board' has the
meaning given in Department of Defense Instruction 5000.74, titled
`Defense Acquisition of Services' and dated January 5, 2016, or a
successor instruction.''
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 2328 the following new item:
``2329. Procurement of services: data analysis and requirements
validation.''.
SEC. 852. STANDARD GUIDELINES FOR EVALUATION OF REQUIREMENTS FOR
SERVICES CONTRACTS.
(a) In General.--The Secretary of Defense shall encourage the use
of standard guidelines within the Department of Defense for the
evaluation of requirements for services contracts. Such guidelines
shall be available to the Services Requirements Review Boards
(established under Department of Defense Instruction 5000.74, titled
``Defense Acquisition of Services'' and dated January 5, 2016, or a
successor instruction) within each Defense Agency, each Department of
Defense Field Activity, and each military department for the purpose of
standardizing the requirements evaluation required under section 2329
of title 10, United States Code, as added by this Act.
(b) Definitions.--In this section--
(1) the terms ``Defense Agency'', ``Department of Defense Field
Activity'', and ``military department'' have the meanings given
those terms in section 101 of title 10, United States Code; and
(2) the term ``total force management policies and procedures''
means the policies and procedures established under section 129a of
such title.
SEC. 853. REPORT ON OUTCOME-BASED SERVICES CONTRACTS.
Not later than April 1, 2018, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a report on the merits of using outcome-based services
contracts within the Department of Defense. Such report shall include a
comparison of the use of outcome-based services contracts by the
Department of Defense compared to input-based services contracts, the
limitations of outcome-based services contracts, and an analysis of the
cost implications of both approaches.
SEC. 854. PILOT PROGRAM FOR LONGER TERM MULTIYEAR SERVICE
CONTRACTS.
(a) Establishment.--The Secretary of Defense shall carry out a
pilot program under which the Secretary may use the authority under
subsection (a) of section 2306c of title 10, United States Code, to
enter into up to five contracts for periods of not more than 10 years
for services described in subsection (b) of such section. Each contract
entered into pursuant to this subsection may be extended for up to five
additional one-year terms.
(b) Study.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into an
agreement with an independent organization with relevant expertise
to study best practices and lessons learned from using services
contracts for periods longer than five years by commercial
companies, foreign governments, and State governments, as well as
service contracts for periods longer than five years used by the
Federal Government, such as energy savings performance contracts
(as defined in section to section 804(3) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(3)).
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the study conducted
under paragraph (1).
(c) Comptroller General Report.--Not later than five years 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 pilot program carried out under this section.
Subtitle G--Provisions Relating to Other Transaction Authority and
Prototyping
SEC. 861. CONTRACT AUTHORITY FOR ADVANCED DEVELOPMENT OF INITIAL OR
ADDITIONAL PROTOTYPE UNITS.
(a) Permanent Authority.--
(1) In general.--Chapter 137 of title 10, United States Code,
is amended by inserting after section 2302d the following new
section:
``Sec. 2302e. Contract authority for advanced development of initial or
additional prototype units
``(a) Authority.--A contract initially awarded from the competitive
selection of a proposal resulting from a general solicitation referred
to in section 2302(2)(B) of this title may contain a contract line item
or contract option for--
``(1) the provision of advanced component development,
prototype, or initial production of technology developed under the
contract; or
``(2) the delivery of initial or additional items if the item
or a prototype thereof is created as the result of work performed
under the contract.
``(b) Limitations.--
``(1) Minimal amount.--A contract line item or contract option
described in subsection (a)(2) shall require the delivery of the
minimal amount of initial or additional items to allow for the
timely competitive solicitation and award of a follow-on
development or production contract for those items.
``(2) Term.--A contract line item or contract option described
in subsection (a) shall be for a term of not more than 2 years.
``(3) Dollar value of work.--The dollar value of the work to be
performed pursuant to a contract line item or contract option
described in subsection (a) may not exceed $100,000,000, in fiscal
year 2017 constant dollars.
``(4) Applicability.--The authority provided in subsection (a)
applies only to the Secretary of Defense, the Secretary of the
Army, the Secretary of the Navy, and the Secretary of the Air
Force.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 2302d the following new item:
``2302e. Contract authority for advanced development of initial or
additional prototype units.''.
(b) Repeal of Obsolete Authority.--Section 819 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10
U.S.C. 2302 note) is hereby repealed.
SEC. 862. METHODS FOR ENTERING INTO RESEARCH AGREEMENTS.
Section 2358(b) of title 10, United States Code, is amended--
(1) in paragraph (3), by striking ``or'';
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(5) by transactions (other than contracts, cooperative
agreements, and grants) entered into pursuant to section 2371 or
2371b of this title; or
``(6) by purchases through procurement for experimental
purposes pursuant to section 2373 of this title.''.
SEC. 863. EDUCATION AND TRAINING FOR TRANSACTIONS OTHER THAN
CONTRACTS AND GRANTS.
Section 2371 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Education and Training.--The Secretary of Defense shall--
``(1) ensure that management, technical, and contracting
personnel of the Department of Defense involved in the award or
administration of transactions under this section or other
innovative forms of contracting are afforded opportunities for
adequate education and training; and
``(2) establish minimum levels and requirements for continuous
and experiential learning for such personnel, including levels and
requirements for acquisition certification programs.''.
SEC. 864. OTHER TRANSACTION AUTHORITY FOR CERTAIN PROTOTYPE
PROJECTS.
(a) Expanded Authority for Prototype Projects.--Subsection (a)(2)
of section 2371b of title 10, United States Code, is amended--
(1) by striking ``for a prototype project'' each place such
term appears and inserting ``for a transaction (for a prototype
project)'';
(2) in subparagraph (A)--
(A) by striking ``$50,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``$250,000,000'' and inserting
``$500,000,000''; and
(3) in subparagraph (B), by striking ``$250,000,000'' and
inserting ``$500,000,000''.
(b) Clarification of Inclusion of Small Businesses Participating in
SBIR or STTR.--Subparagraph (B) of section 2371b(d)(1) of title 10,
United States Code, is amended by inserting ``(including small
businesses participating in a program described under section 9 of the
Small Business Act (15 U.S.C. 638))'' after ``small businesses''.
(c) Modification of Cost Sharing Requirement for Use of Other
Transaction Authority.--Subparagraph (C) of such section is amended by
striking ``provided by parties to the transaction'' and inserting
``provided by sources other than''.
(d) Use of Other Transaction Authority for Ongoing Prototype
Projects.--Subsection (f)(1) of section 2371b of title 10, United
States Code, is amended by adding at the end the following: ``A
transaction includes all individual prototype subprojects awarded under
the transaction to a consortium of United States industry and academic
institutions.''.
SEC. 865. AMENDMENT TO NONTRADITIONAL AND SMALL CONTRACTOR
INNOVATION PROTOTYPING PROGRAM.
Section 884(d) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2318; 10 U.S.C. 2302 note) is
amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following new
paragraph (9):
``(9) Unmanned ground logistics and unmanned air logistics
capabilities enhancement.''.
SEC. 866. MIDDLE TIER OF ACQUISITION FOR RAPID PROTOTYPE AND RAPID
FIELDING.
Section 804(c)(2) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) is amended--
(1) by striking subparagraph (C); and
(2) by redesignating subparagraphs (D) and (E) as subparagraphs
(C) and (D), respectively.
SEC. 867. PREFERENCE FOR USE OF OTHER TRANSACTIONS AND EXPERIMENTAL
AUTHORITY.
In the execution of science and technology and prototyping
programs, the Secretary of Defense shall establish a preference, to be
applied in circumstances determined appropriate by the Secretary, for
using transactions other than contracts, cooperative agreements, and
grants entered into pursuant to sections 2371 and 2371b of title 10,
United States Code, and authority for procurement for experimental
purposes pursuant to section 2373 of title 10, United States Code.
SEC. 868. PROTOTYPE PROJECTS TO DIGITIZE DEFENSE ACQUISITION
REGULATIONS, POLICIES, AND GUIDANCE, AND EMPOWER USER TAILORING
OF ACQUISITION PROCESS.
(a) In General.--The Secretary of Defense, acting through the Under
Secretary of Defense for Research and Engineering, shall conduct
development efforts to develop prototypes to digitize defense
acquisition regulations, policies, and guidance and to develop a
digital decision support tool that facilitates the ability of users to
tailor programs in accordance with existing laws, regulations, and
guidance.
(b) Elements.--Under the prototype projects, the Secretary shall--
(1) convert existing acquisition policies, guides, memos,
templates, and reports to an online, interactive digital format to
create a dynamic, integrated, and authoritative knowledge
environment for purposes of assisting program managers and the
acquisition workforce of the Department of Defense to navigate the
complex lifecycle for each major type of acquisition program or
activity of the Department;
(2) as part of this digital environment, create a digital
decision support capability that uses decision trees and tailored
acquisition models to assist users to develop strategies and
facilitate coordination and approvals; and
(3) as part of this environment, establish a foundational data
layer to enable advanced data analytics on the acquisition
enterprise of the Department, to include business process
reengineering to improve productivity.
(c) Use of Prototypes in Acquisition Activities.--The Under
Secretary of Defense for Research and Engineering shall encourage the
use of these prototypes to model, develop, and test any procedures,
policies, instructions, or other forms of direction and guidance that
may be required to support acquisition training, practices, and
policies of the Department of Defense.
(d) Funding.--The Secretary may use the authority under section
1705(e)(4)(B) of title 10, United States Code, to develop acquisition
support prototypes and tools under this program.
Subtitle H--Provisions Relating to Software Acquisition
SEC. 871. NONCOMMERCIAL COMPUTER SOFTWARE ACQUISITION
CONSIDERATIONS.
(a) In General.--
(1) Requirement.--Chapter 137 of title 10, United States Code,
as amended by section 802, is further amended by inserting after
section 2322 the following new section:
``Sec. 2322a. Requirement for consideration of certain matters during
acquisition of noncommercial computer software
``(a) Consideration Required.--As part of any negotiation for the
acquisition of noncommercial computer software, the Secretary of
Defense shall ensure that such negotiations consider, to the maximum
extent practicable, acquisition, at the appropriate time in the life
cycle of the noncommercial computer software, of all software and
related materials necessary--
``(1) to reproduce, build, or recompile the software from
original source code and required libraries;
``(2) to conduct required computer software testing; and
``(3) to deploy working computer software system binary files
on relevant system hardware.
``(b) Delivery of Software and Related Materials.--Any
noncommercial computer software or related materials required to be
delivered as a result of considerations in subsection (a) shall, to the
extent appropriate as determined by the Secretary--
``(1) include computer software delivered in a useable, digital
format;
``(2) not rely on external or additional software code or data,
unless such software code or data is included in the items to be
delivered; and
``(3) in the case of negotiated terms that do not allow for the
inclusion of dependent software code or data, sufficient
documentation to support maintenance and understanding of
interfaces and software revision history.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding after the item relating to
section 2322, as added by section 802, the following new item:
``2322a. Requirement for consideration of certain matters during
acquisition of noncommercial computer software.''.
(b) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue updated
guidance to implement section 2322a of title 10, United States Code, as
added by subsection (a).
SEC. 872. DEFENSE INNOVATION BOARD ANALYSIS OF SOFTWARE ACQUISITION
REGULATIONS.
(a) Study.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall direct the
Defense Innovation Board to undertake a study on streamlining
software development and acquisition regulations.
(2) Member participation.--The Chairman of the Defense
Innovation Board shall select appropriate members from the
membership of the Board to participate in the study, and may
recommend additional temporary members or contracted support
personnel to the Secretary of Defense for the purposes of the
study. In considering additional appointments to the study, the
Secretary of Defense shall ensure that members have significant
technical, legislative, or regulatory expertise and reflect diverse
experiences in the public and private sector.
(3) Scope.--The study conducted pursuant to paragraph (1)
shall--
(A) review the acquisition regulations applicable to, and
organizational structures within, the Department of Defense
with a view toward streamlining and improving the efficiency
and effectiveness of software acquisition in order to maintain
defense technology advantage;
(B) review ongoing software development and acquisition
programs, including a cross section of programs that offer a
variety of application types, functional communities, and
scale, in order to identify case studies of best and worst
practices currently in use within the Department of Defense;
(C) produce specific and detailed recommendations for any
legislation, including the amendment or repeal of regulations,
as well as non-legislative approaches, that the members of the
Board conducting the study determine necessary to--
(i) streamline development and procurement of software;
(ii) adopt or adapt best practices from the private
sector applicable to Government use;
(iii) promote rapid adoption of new technology;
(iv) improve the talent management of the software
acquisition workforce, including by providing incentives
for the recruitment and retention of such workforce within
the Department of Defense;
(v) ensure continuing financial and ethical integrity
in procurement; and
(vi) protect the best interests of the Department of
Defense; and
(D) produce such additional recommendations for legislation
as such members consider appropriate.
(4) Access to information.--The Secretary of Defense shall
provide the Defense Innovation Board with timely access to
appropriate information, data, resources, and analysis so that the
Board may conduct a thorough and independent analysis as required
under this subsection.
(b) Reports.--
(1) Interim reports.--Not later than 150 days after the date of
the enactment of this Act, the Secretary of Defense shall submit a
report to or brief the congressional defense committees on the
interim findings of the study conducted pursuant to subsection (a).
The Defense Innovation Board shall provide regular updates to the
Secretary of Defense and the congressional defense committees for
purposes of providing the interim report.
(2) Final report.--Not later than one year after the Secretary
of Defense directs the Defense Advisory Board to conduct the study,
the Board shall transmit a final report of the study to the
Secretary. Not later than 30 days after receiving the final report,
the Secretary of Defense shall transmit the final report, together
with such comments as the Secretary determines appropriate, to the
congressional defense committees.
SEC. 873. PILOT PROGRAM TO USE AGILE OR ITERATIVE DEVELOPMENT
METHODS TO TAILOR MAJOR SOFTWARE-INTENSIVE WARFIGHTING SYSTEMS
AND DEFENSE BUSINESS SYSTEMS.
(a) Pilot Program.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Secretaries of the military departments and the chiefs of
the armed forces, shall establish a pilot program to tailor and
simplify software development requirements and methods for major
software-intensive warfighting systems and defense business
systems.
(2) Implementation plan for pilot program.--Not later than 120
days after the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretaries of the military
departments and the chiefs of the armed forces, shall develop a
plan for implementing the pilot program required under this
subsection, including guidance for implementing the program and for
selecting systems for participation in the program.
(3) Selection of systems for pilot program.--
(A) The implementation plan shall require that systems be
selected as follows:
(i) For major software-intensive warfighting systems,
one system per armed force and one defense-wide system,
including at least one major defense acquisition program or
major automated information system.
(ii) For defense business systems, not fewer than two
systems and not greater than eight systems.
(B) In selecting systems for participation, the Secretary
shall prioritize systems as follows:
(i) For major software-intensive warfighting systems,
systems that--
(I) have identified software development as a high
risk;
(II) have experienced cost growth and schedule
delay; and
(III) did not deliver any operational capability
within the prior calendar year.
(ii) For defense business systems, systems that--
(I) have experienced cost growth and schedule
delay;
(II) did not deliver any operational capability
within the prior calendar year; and
(III) are underperforming other systems within a
defense business system portfolio with similar user
requirements.
(b) Realignment Plans.--
(1) In general.--Not later than 60 days after selecting a
system for the pilot program under subsection (a)(3), the Secretary
shall develop a plan for realigning the system by breaking down the
system into smaller increments using agile or iterative development
methods. The realignment plan shall include a revised cost estimate
that is lower than the cost estimate for the system that was
current as of the date of the enactment of this Act.
(2) Realignment execution.--Each increment for a realigned
system shall--
(A) be designed to deliver a meaningfully useful capability
within the first 180 days following realignment;
(B) be designed to deliver subsequent meaningfully useful
capabilities in time periods of less than 180 days;
(C) incorporate multidisciplinary teams focused on software
production that prioritize user needs and control of total cost
of ownership;
(D) be staffed with highly qualified technically trained
staff and personnel with management and business process
expertise in leadership positions to support requirements
modification, acquisition strategy, and program decisionmaking;
(E) ensure that the acquisition strategy for the realigned
system is broad enough to allow for proposals of a service,
system, modified business practice, configuration of personnel,
or combination thereof for implementing the strategy;
(F) include periodic engagement with the user community, as
well as representation by the user community in program
management and software production activity;
(G) ensure that the acquisition strategy for the realigned
system favors outcomes-based requirements definition and
capability as a service, including the establishment of
technical evaluation criteria as outcomes to be used to
negotiate service-level agreements with vendors; and
(H) consider options for termination of the relationship
with any vendor unable or unwilling to offer terms that meet
the requirements of this section.
(c) Removal of Systems.--The Secretary may remove a system selected
for the pilot program under subsection (a)(3) only after the Secretary
submits to the Committees on Armed Services of the Senate and House of
Representatives a written determination that indicates that the
selected system has been unsuccessful in reducing cost or schedule
growth, or is not meeting the overall needs of the pilot program.
(d) Education and Training in Agile or Iterative Development
Methods.--
(1) Training requirement.--The Secretary shall ensure that any
personnel from the relevant organizations in each of the military
departments and Defense Agencies participating in the pilot
program, including organizations responsible for engineering,
budgeting, contracting, test and evaluation, requirements
validation, and certification and accreditation, receive targeted
training in agile or iterative development methods, including the
interim course required by section 891 of this Act.
(2) Support.--In carrying out the pilot program under
subsection (a), the Secretary shall ensure that personnel
participating in the program provide feedback to inform the
development of education and training curricula as required by
section 891.
(e) Sunset.--The pilot program required under subsection (a) shall
terminate on September 30, 2023. Any system selected under subsection
(a)(3) for the pilot program shall continue after that date through the
execution of its realignment plan.
(f) Agile or Iterative Development Defined.--In this section, the
term ``agile or iterative development'', with respect to software--
(1) means acquisition pursuant to a method for delivering
multiple, rapid, incremental capabilities to the user for
operational use, evaluation, and feedback not exclusively linked to
any single, proprietary method or process; and
(2) involves--
(A) the incremental development and fielding of
capabilities, commonly called ``spirals'', ``spins'', or
``sprints'', which can be measured in a few weeks or months;
and
(B) continuous participation and collaboration by users,
testers, and requirements authorities.
SEC. 874. SOFTWARE DEVELOPMENT PILOT PROGRAM USING AGILE BEST
PRACTICES.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall identify no fewer
than four and up to eight software development activities within the
Department of Defense or military departments to be developed in a
pilot program using agile acquisition methods.
(b) Streamlined Processes.--Software development activities
identified under subsection (a) shall be selected for the pilot program
and developed without incorporation of the following contract or
transaction requirements:
(1) Earned value management (EVM) or EVM-like reporting.
(2) Development of integrated master schedule.
(3) Development of integrated master plan.
(4) Development of technical requirement document.
(5) Development of systems requirement documents.
(6) Use of information technology infrastructure library
agreements.
(7) Use of software development life cycle (methodology).
(c) Roles and Responsibilities.--
(1) In general.--Selected activities shall include the
following roles and responsibilities:
(A) A program manager that is authorized to make all
programmatic decisions within the overarching activity
objectives, including resources, funding, personnel, and
contract or transaction termination recommendations.
(B) A product owner that reports directly to the program
manager and is responsible for the overall design of the
product, prioritization of roadmap elements and interpretation
of their acceptance criteria, and prioritization of the list of
all features desired in the product.
(C) An engineering lead that reports directly to the
program manager and is responsible for the implementation and
operation of the software.
(D) A design lead that reports directly to the program
manager and is responsible for identifying, communicating, and
visualizing user needs through a human-centered design process.
(2) Qualifications.--The Secretary shall establish
qualifications for personnel filling the positions described in
paragraph (1) prior to their selection. The qualifications may not
include a positive education requirement and must be based on
technical expertise or experience in delivery of software products,
including agile concepts.
(3) Coordination plan for testing and certification
organizations.--The program manager shall ensure the availability
of resources for test and certification organizations support of
iterative development processes.
(d) Plan.--The Secretary of Defense shall develop a plan for each
selected activity under the pilot program. The plan shall include the
following elements:
(1) Definition of a product vision, identifying a succinct,
clearly defined need the software will address.
(2) Definition of a product road map, outlining a
noncontractual plan that identifies short-term and long-term
product goals and specific technology solutions to help meet those
goals and adjusts to mission and user needs at the product owner's
discretion.
(3) The use of a broad agency announcement, other transaction
authority, or other rapid merit-based solicitation procedure.
(4) Identification of, and continuous engagement with, end
users.
(5) Frequent and iterative end user validation of features and
usability consistent with the principles outlined in the Digital
Services Playbook of the U.S. Digital Service.
(6) Use of commercial best practices for advanced computing
systems, including, where applicable--
(A) Automated testing, integration, and deployment;
(B) compliance with applicable commercial accessibility
standards;
(C) capability to support modern versions of multiple,
common web browsers;
(D) capability to be viewable across commonly used end user
devices, including mobile devices; and
(E) built-in application monitoring.
(e) Program Schedule.--The Secretary shall ensure that each
selected activity includes--
(1) award processes that take no longer than three months after
a requirement is identified;
(2) planned frequent and iterative end user validation of
implemented features and their usability;
(3) delivery of a functional prototype or minimally viable
product in three months or less from award; and
(4) follow-on delivery of iterative development cycles no
longer than four weeks apart, including security testing and
configuration management as applicable.
(f) Oversight Metrics.--The Secretary shall ensure that the
selected activities--
(1) use a modern tracking tool to execute requirements backlog
tracking; and
(2) use agile development metrics that, at a minimum, track--
(A) pace of work accomplishment;
(B) completeness of scope of testing activities (such as
code coverage, fault tolerance, and boundary testing);
(C) product quality attributes (such as major and minor
defects and measures of key performance attributes and quality
attributes);
(D) delivery progress relative to the current product
roadmap; and
(E) goals for each iteration.
(g) Restrictions.--
(1) Use of funds.--No funds made available for the selected
activities may be expended on estimation or evaluation using source
lines of code methodologies.
(2) Contract types.--The Secretary of Defense may not use
lowest price technically acceptable contracting methods or cost
plus contracts to carry out selected activities under this section,
and shall encourage the use of existing streamlined and flexible
contracting arrangements.
(h) Reports.--
(1) Software development activity commencement.--
(A) In general.--Not later than 30 days before the
commencement of a software development activity under the pilot
program under subsection (a), the Secretary shall submit to the
congressional defense committees a report on the activity (in
this subsection referred to as a ``pilot activity'').
(B) Elements.--The report on a pilot activity under this
paragraph shall set forth a description of the pilot activity,
including the following information:
(i) The purpose of the pilot activity.
(ii) The duration of the pilot activity.
(iii) The efficiencies and benefits anticipated to
accrue to the Government under the pilot program.
(2) Software development activity completion.--
(A) In general.--Not later than 60 days after the
completion of a pilot activity, the Secretary shall submit to
the congressional defense committees a report on the pilot
activity.
(B) Elements.--The report on a pilot activity under this
paragraph shall include the following elements:
(i) A description of results of the pilot activity.
(ii) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate in light of the pilot activity.
(i) Definitions.--In this section:
(1) Agile acquisition.--The term ``agile acquisition'' means
acquisition using agile or iterative development.
(2) Agile or iterative development.--The term ``agile or
iterative development'', with respect to software--
(A) means acquisition pursuant to a method for delivering
multiple, rapid, incremental capabilities to the user for
operational use, evaluation, and feedback not exclusively
linked to any single, proprietary method or process; and
(B) involves--
(i) the incremental development and fielding of
capabilities, commonly called ``spirals'', ``spins'', or
``sprints'', which can be measured in a few weeks or
months; and
(ii) continuous participation and collaboration by
users, testers, and requirements authorities.
SEC. 875. PILOT PROGRAM FOR OPEN SOURCE SOFTWARE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall initiate for the
Department of Defense the open source software pilot program
established by the Office of Management and Budget Memorandum M-16-21
titled ``Federal Source Code Policy: Achieving Efficiency,
Transparency, and Innovation through Reusable and Open Source
Software'' and dated August 8, 2016.
(b) Report to Congress.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall provide a
report to Congress with details of the plan of the Department of
Defense to implement the pilot program required by subsection (a). Such
plan shall include identifying candidate software programs, selection
criteria, intellectual property and licensing issues, and other matters
determined by the Secretary.
(c) Comptroller General Report.--Not later than June 1, 2019, the
Comptroller General of the United States shall provide a report to
Congress on the implementation of the pilot program required by
subsection (a) by the Secretary of Defense. The report shall address,
at a minimum, the compliance of the Secretary with the requirements of
the Office of Management and Budget Memorandum M-16-21, the views of
various software and information technology stakeholders in the
Department of Defense, and any other matters determined by the
Comptroller General.
Subtitle I--Other Matters
SEC. 881. EXTENSION OF MAXIMUM DURATION OF FUEL STORAGE CONTRACTS.
(a) Extension.--Section 2922(b) of title 10, United States Code, is
amended by striking ``20 years'' and inserting ``30 years''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts entered into on or after the date of
the enactment of this Act, and may be applied to a contract entered
into before that date if the total contract period under the contract
(including options) has not expired as of the date of any extension of
such contract period by reason of such amendment.
SEC. 882. PROCUREMENT OF AVIATION CRITICAL SAFETY ITEMS.
Section 814(a) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2271; 10 U.S.C. 2302 note) is
amended--
(1) in paragraph (1)--
(A) by inserting ``or an aviation critical safety item (as
defined in section 2319(g) of this title)'' after ``personal
protective equipment''; and
(B) by inserting ``equipment or'' after ``failure of the'';
and
(2) in paragraph (2), by inserting ``or item'' after
``equipment''.
SEC. 883. MODIFICATIONS TO THE ADVISORY PANEL ON STREAMLINING AND
CODIFYING ACQUISITION REGULATIONS.
(a) Extension of Date for Final Report.--
(1) Transmittal of panel final report.--Subsection (e)(1) of
section 809 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 889), as amended by section
863(d) of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 130 Stat. 2303), is amended--
(A) by striking ``Not later than two years after the date
on which the Secretary of Defense establishes the advisory
panel'' and inserting ``Not later than January 15, 2019''; and
(B) by striking ``the Secretary.'' and inserting ``the
Secretary of Defense and the congressional defense
committees.''.
(2) Secretary of defense action on final report.--Subsection
(e)(4) of such section is amended--
(A) by striking ``Not later than 30 days'' and inserting
``Not later than 60 days''; and
(B) by striking ``the final report, together with such
comments as the Secretary determines appropriate,'' and
inserting ``such comments as the Secretary determines
appropriate''.
(b) Termination of Panel.--Such section is further amended by
adding at the end the following new subsection:
``(g) Termination of Panel.--The advisory panel shall terminate 180
days after the date on which the final report of the panel is
transmitted pursuant to subsection (e)(1).''.
(c) Technical Amendment.--Subsection (d) of such section is amended
by striking ``resources,,'' and inserting ``resources,''.
SEC. 884. REPEAL OF EXPIRED PILOT PROGRAM FOR LEASING COMMERCIAL
UTILITY CARGO VEHICLES.
Section 807(c) of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 10 U.S.C. 2401a note) is repealed.
SEC. 885. EXCEPTION FOR BUSINESS OPERATIONS FROM REQUIREMENT TO
ACCEPT $1 COINS.
(a) In General.--Paragraph (1) of section 5112(p) of title 31,
United States Code, is amended by adding at the end the following new
flush sentence:
``This paragraph does not apply with respect to business operations
conducted by any entity under a contract with an agency or
instrumentality of the United States, including with any
nonappropriated fund instrumentality established under title 10,
United States Code.''.
(b) Conforming Amendment.--Such paragraph is further amended--
(1) by striking ``and all entities that operate any business,
including vending machines, on any premises owned by the United
States or under the control of any agency or instrumentality of the
United States, including the legislative and judicial branches of
the Federal Government,''; and
(2) by inserting ``and'' before ``all transit systems''.
(c) Technical Amendment.--Subparagraph (B) of such paragraph is
amended by striking ``displays'' and inserting ``display''.
SEC. 886. DEVELOPMENT OF PROCUREMENT ADMINISTRATIVE LEAD TIME.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop, make
available for public comment, and finalize--
(1) a definition of the term ``Procurement Administrative Lead
Time'' or ``PALT'', to be applied Department of Defense-wide, that
describes the amount of time from the date on which a solicitation
is issued to the date of an initial award of a contract or task
order of the Department of Defense; and
(2) a plan for measuring and publicly reporting data on PALT
for Department of Defense contracts and task orders above the
simplified acquisition threshold.
(b) Requirement for Definition.--Unless the Secretary determines
otherwise, the amount of time in the definition of PALT developed under
subsection (a) shall--
(1) begin on the date on which the initial solicitation is
issued for a contract or task order of the Department of Defense by
the Secretary of a military department or head of a Defense Agency;
and
(2) end on the date of the award of the contract or task order.
(c) Coordination.--In developing the definition of PALT, the
Secretary shall coordinate with--
(1) the senior contracting official of each military department
and Defense Agency to determine the variations of the definition in
use across the Department of Defense and each military department
and Defense Agency; and
(2) the Administrator of the General Services Administration on
modifying the existing data system of the Federal Government to
determine the date on which the initial solicitation is issued.
(d) Use of Existing Procurement Data Systems.--In developing the
plan for measuring and publicly reporting data on PALT required by
subsection (a), the Secretary shall, to the maximum extent practicable,
rely on the information contained in the Federal procurement data
system established pursuant to section 1122(a)(4) of title 41, United
States Code, including any modifications to that system.
SEC. 887. NOTIONAL MILESTONES AND STANDARD TIMELINES FOR CONTRACTS
FOR FOREIGN MILITARY SALES.
(a) Establishment.--
(1) In general.--The Secretary of Defense shall establish
specific notional milestones and standard timelines for the
Department of Defense to achieve such milestones in its processing
of a foreign military sale (as authorized under chapter 2 of the
Arms Export Control Act (22 U.S.C. 2761 et seq.)). Such milestones
and timelines--
(A) may vary depending on the complexity of the foreign
military sale; and
(B) shall cover the period beginning on the date of receipt
of a complete letter of request (as described in chapter 5 of
the Security Assistance Management Manual of the Defense
Security Cooperation Agency) from a foreign country and ending
on the date of the final delivery of a defense article or
defense service sold through the foreign military sale.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report describing the
milestones and timelines developed pursuant to paragraph (1) of
this section.
(b) Submissions to Congress.--
(1) Quarterly notification.--During the period beginning 180
days after the date of the enactment of this Act and ending on
December 31, 2021, the Secretary shall submit to the appropriate
committees of Congress, on a quarterly basis, a report that
includes a list of each foreign military sale with a value greater
than or equal to the dollar threshold for congressional
notification under section 36 of the Arms Export Control Act (22
U.S.C. 2776)--
(A) for which the final delivery of a defense article or
defense service has not been completed; and
(B) that has not met a standard timeline to achieve a
notional milestone as established under subsection (a).
(2) Annual report.--Not later than November 1, 2019, and
annually thereafter until December 31, 2021, the Secretary shall
submit to the appropriate committees of Congress a report that
summarizes--
(A) the number, set forth separately by dollar value and
notional milestone, of foreign military sales that met the
standard timeline to achieve a notional milestone established
under subsection (a) during the preceding fiscal year; and
(B) the number, set forth separately by dollar value and
notional milestone, of each foreign military sale that did not
meet the standard timeline to achieve a notional milestone
established under subsection (a), and a description of any
extenuating factors explaining why such a sale did not achieve
such milestone.
(c) Definitions.--In this section--
(1) the terms ``defense article'' and ``defense service'' have
the meanings given those terms, respectively, in section 47 of the
Arms Export Control Act (22 U.S.C. 2794); and
(2) the term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 888. ASSESSMENT AND AUTHORITY TO TERMINATE OR PROHIBIT
CONTRACTS FOR PROCUREMENT FROM CHINESE COMPANIES PROVIDING
SUPPORT TO THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA.
(a) Assessment Required.--
(1) In general.--The Secretary of Defense, in consultation with
the Secretary of State, the Secretary of the Treasury, and the
Director of National Intelligence, shall conduct an assessment of
trade between the People's Republic of China and the Democratic
People's Republic of Korea, including elements deemed to be
important to United States national security and defense.
(2) Elements.--The assessment required by paragraph (1) shall--
(A) assess the composition of all trade between China and
the Democratic People's Republic of Korea, including trade in
goods and services;
(B) identify whether any Chinese commercial entities that
are engaged in such trade materially support illicit activities
on the part of North Korea;
(C) evaluate the extent to which the United States
Government procures goods or services from any commercial
entity identified under subparagraph (B);
(D) provide a list of commercial entities identified under
subparagraph (B) that provide defense goods or services for the
Department of Defense; and
(E) evaluate the ramifications to United States national
security, including any impacts to the defense industrial base,
Department of Defense acquisition programs, and Department of
Defense logistics or supply chains, of prohibiting procurements
from commercial entities listed under subparagraph (D).
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the assessment required by paragraph (1). The
report shall be submitted in unclassified form, but may contain a
classified annex.
(b) Authority.--The Secretary of Defense may terminate existing
contracts or prohibit the award of contracts for the procurement of
goods or services for the Department of Defense from a Chinese
commercial entity included on the list described under subsection
(a)(2)(D) based on a determination informed by the assessment required
under subsection (a)(1).
(c) Notification.--The Secretary of Defense shall submit to the
appropriate committees of Congress a notification of, and detailed
justification for, any exercise of the authority in subsection (b) not
less than 30 days before the date on which the authority is exercised.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' 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. 889. REPORT ON DEFENSE CONTRACTING FRAUD.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on defense contracting fraud.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A summary of fraud-related criminal convictions and civil
judgments or settlements over the previous five fiscal years.
(2) A listing of contractors that within the previous five
fiscal years performed contracts for the Department of Defense and
were debarred or suspended from Federal contracting based on a
criminal conviction for fraud.
(3) An assessment of the total value of Department of Defense
contracts entered into during the previous five fiscal years with
contractors that have been indicted for, settled charges of, been
fined by any Federal department or agency for, or been convicted of
fraud in connection with any contract or other transaction entered
into with the Federal Government.
(4) Recommendations by the Inspector General of the Department
of Defense or other appropriate Department of Defense official
regarding how to penalize contractors repeatedly involved in fraud
in connection with contracts or other transactions entered into
with the Federal Government, including an update on implementation
by the Department of any previous such recommendations.
SEC. 890. COMPTROLLER GENERAL REPORT ON CONTRACTOR BUSINESS SYSTEM
REQUIREMENTS.
(a) Evaluation.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the congressional defense committees a report evaluating the
implementation and effectiveness of the program for the improvement of
contractor business systems established pursuant to section 893 of the
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 10 U.S.C. 2302 note). The report shall--
(1) describe how the requirements of such program were
implemented, including the roles and responsibilities of relevant
Defense Agencies and known costs to the Federal Government and
covered contractors;
(2) analyze the extent to which implementation of such program
has affected, if at all, covered contractor performance or the
management and oversight of covered contracts of the Department of
Defense;
(3) assess how the amendments to contractor business system
requirements made by section 893 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2324) were implemented, including--
(A) the effects of revising the definition of ``covered
contractor'' in section 893(g)(2) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 10 U.S.C. 2302 note) and the feasibility and the potential
effects of further increasing the percentage of the total gross
revenue included in the definition; and
(B) the extent to which third-party independent auditors
have conducted contractor business system assessments pursuant
to section 893(c) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 2302 note);
(4) identify any additional information or management practices
that could enhance the process for assessing contractor business
systems, particularly when covered contractors have multiple
covered contracts with the Department of Defense; and
(5) include any other matters the Comptroller General
determines to be relevant.
(b) Contractor Business System Definitions.--In this section, the
terms ``covered contractor'', ``covered contract'', and ``contractor
business system'' have the meanings given in section 893 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 10 U.S.C. 2302 note).
SEC. 891. TRAINING ON AGILE OR ITERATIVE DEVELOPMENT METHODS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the President of the Defense Acquisition University, shall establish a
training course at the Defense Acquisition University on agile or
iterative development methods to provide training for personnel
implementing and supporting the pilot programs required by sections 873
and 874 of this Act.
(b) Course Elements.--
(1) In general.--The course shall be taught in residence at the
Defense Acquisition University and shall include the following
elements:
(A) Training designed to instill a common understanding of
all functional roles and dependencies involved in developing
and producing a capability using agile or iterative development
methods.
(B) An exercise involving teams composed of personnel from
pertinent functions and functional organizations engaged in
developing an integrated agile or iterative development method
for a specific program.
(C) Instructors and content from non-governmental entities,
as appropriate, to highlight commercial best practices in using
an agile or iterative development method.
(2) Course updates.--The Secretary shall ensure that the course
is updated as needed, including through incorporating lessons
learned from the implementation of the pilot programs required by
sections 873 and 874 of this Act in subsequent versions of the
course.
(c) Course Attendance.--The course shall be--
(1) available for certified acquisition personnel working on
programs or projects using agile or iterative development methods;
and
(2) mandatory for personnel participating in the pilot programs
required by sections 873 and 874 of this Act from the relevant
organizations in each of the military departments and Defense
Agencies, including organizations responsible for engineering,
budgeting, contracting, test and evaluation, requirements
validation, and certification and accreditation.
(d) Agile Acquisition Support.--The Secretary and the senior
acquisition executives in each of the military departments and Defense
Agencies, in coordination with the Director of the Defense Digital
Service, shall assign to offices supporting systems selected for
participation in the pilot programs required by sections 873 and 874 of
this Act a subject matter expert with knowledge of commercial agile
acquisition methods and Department of Defense acquisition processes to
provide assistance and to advise appropriate acquisition authorities of
the expert's observations.
(e) Agile Research Program.--The President of the Defense
Acquisition University shall establish a research program to conduct
research on and development of agile acquisition practices and tools
best tailored to meet the mission needs of the Department of Defense.
(f) Agile or Iterative Development Defined.--The term ``agile or
iterative development'', with respect to software--
(1) means acquisition pursuant to a method for delivering
multiple, rapid, incremental capabilities to the user for
operational use, evaluation, and feedback not exclusively linked to
any single, proprietary method or process; and
(2) involves--
(A) the incremental development and fielding of
capabilities, commonly called ``spirals'', ``spins'', or
``sprints'', which can be measured in a few weeks or months;
and
(B) continuous participation and collaboration by users,
testers, and requirements authorities.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Treatment of incumbent Under Secretary of Defense for
Acquisition, Technology, and Logistics.
Sec. 902. Clarification of authority of Under Secretary of Defense for
Acquisition and Sustainment with respect to service
acquisition programs for which the service acquisition
executive is the milestone decision authority.
Sec. 903. Executive Schedule matters relating to Under Secretary of
Defense for Acquisition and Sustainment.
Sec. 904. Consistent period of relief from active duty as a commissioned
officer of a regular component of the Armed Forces for
appointment to Under Secretary of Defense positions.
Sec. 905. Qualifications for appointment and additional duties and
powers of certain officials within the Office of the Under
Secretary of Defense (Comptroller).
Sec. 906. Redesignation of Principal Deputy Under Secretaries of Defense
as Deputy Under Secretaries of Defense and related matters.
Sec. 907. Reduction of number and elimination of specific designations
of Assistant Secretaries of Defense.
Sec. 908. Limitation on maximum number of Deputy Assistant Secretaries
of Defense.
Sec. 909. Appointment and responsibilities of Chief Information Officer
of the Department of Defense.
Sec. 910. Chief Management Officer of the Department of Defense.
Subtitle B--Data Management and Analytics
Sec. 911. Policy on treatment of defense business system data related to
business operations and management.
Sec. 912. Transparency of defense management data.
Sec. 913. Establishment of set of activities that use data analysis,
measurement, and other evaluation-related methods to improve
acquisition program outcomes.
Subtitle C--Organization of Other Department of Defense Offices and
Elements
Sec. 921. Qualifications for appointment of Assistant Secretaries of the
military departments for financial management.
Sec. 922. Manner of carrying out reductions in major Department of
Defense headquarters activities pursuant to headquarters
reduction plan.
Sec. 923. Certifications on cost savings achieved by reductions in major
Department of Defense headquarters activities.
Sec. 924. Corrosion control and prevention executives matters.
Sec. 925. Background and security investigations for Department of
Defense personnel.
Subtitle D--Miscellaneous Reporting Requirements
Sec. 931. Additional elements in reports on policy, organization, and
management goals of the Secretary of Defense for the
Department of Defense.
Sec. 932. Report and sense of Congress on responsibility for
developmental test and evaluation within the Office of the
Secretary of Defense.
Sec. 933. Report on Office of Corrosion Policy and Oversight.
Subtitle D--Other Matters
Sec. 941. Commission on the National Defense Strategy for the United
States.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. TREATMENT OF INCUMBENT UNDER SECRETARY OF DEFENSE FOR
ACQUISITION, TECHNOLOGY, AND LOGISTICS.
Section 901(a) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2339; 10 U.S.C. 133a note) is
amended by striking paragraph (2).
SEC. 902. CLARIFICATION OF AUTHORITY OF UNDER SECRETARY OF DEFENSE
FOR ACQUISITION AND SUSTAINMENT WITH RESPECT TO SERVICE
ACQUISITION PROGRAMS FOR WHICH THE SERVICE ACQUISITION EXECUTIVE
IS THE MILESTONE DECISION AUTHORITY.
Effective on February 1, 2018, and immediately after the coming
into effect of the amendment made by section 901(b) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2340), subsection (b)(6) of section 133b of title 10, United
States Code, as added by such section 901(b), is amended by striking
``supervisory authority'' and inserting ``advisory authority''.
SEC. 903. EXECUTIVE SCHEDULE MATTERS RELATING TO UNDER SECRETARY OF
DEFENSE FOR ACQUISITION AND SUSTAINMENT.
(a) Repeal of Pending Executive Schedule Amendment.--Section 901(h)
of the National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2342; 5 U.S.C. 5313 note) is amended--
(1) by striking ``new items'' and inserting ``new item''; and
(2) by striking the item relating to the Under Secretary of
Defense for Acquisition and Sustainment.
(b) Executive Schedule Level III.--Effective on February 1, 2018,
section 5314 of title 5, United States Code, is amended by inserting
before the item relating to the Under Secretary of Defense for Policy
the following new item:
``Under Secretary of Defense for Acquisition and
Sustainment.''.
SEC. 904. CONSISTENT PERIOD OF RELIEF FROM ACTIVE DUTY AS A
COMMISSIONED OFFICER OF A REGULAR COMPONENT OF THE ARMED FORCES
FOR APPOINTMENT TO UNDER SECRETARY OF DEFENSE POSITIONS.
Chapter 4 of title 10, United States Code, is amended--
(1) in section 135(a), by adding at the end the following new
sentence: ``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 the armed forces.'';
(2) in section 136(a), by adding at the end the following new
sentence: ``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 the armed forces.''; and
(3) in section 137(a), by adding at the end the following new
sentence: ``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 the armed forces.''.
SEC. 905. QUALIFICATIONS FOR APPOINTMENT AND ADDITIONAL DUTIES AND
POWERS OF CERTAIN OFFICIALS WITHIN THE OFFICE OF THE UNDER
SECRETARY OF DEFENSE (COMPTROLLER).
(a) Under Secretary of Defense (Comptroller).--
(1) Qualification for appointment.--Section 135(a) of title 10,
United States Code, as amended by section 904, is further amended--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new paragraph:
``(2) The Under Secretary of Defense (Comptroller) shall be
appointed from among persons who have significant budget, financial
management, or audit experience in complex organizations.''.
(2) Duties and powers.--Section 135 of title 10, United States
Code, is further amended--
(A) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) In addition to any duties under subsection (c), the Under
Secretary of Defense (Comptroller) shall, subject to the authority,
direction, and control of the Secretary of Defense, do the following:
``(1) Provide guidance and instruction on annual performance
plans and evaluations to the following:
``(A) The Assistant Secretaries of the military departments
for financial management.
``(B) Any other official of an agency, organization, or
element of the Department of Defense with responsibility for
financial management.
``(2) Give directions to the military departments, Defense
Agencies, and other organizations and elements of the Department of
Defense regarding their financial statements and the audit and
audit readiness of such financial statements.''.
(b) Qualification for Appointment as Deputy Chief Financial
Officer.--The Deputy Chief Financial Officer of the Department of
Defense shall be appointed from among persons who have significant
budget, financial management, or audit experience in complex
organizations.
(c) Applicability.--The appointment qualifications imposed by the
amendments made by subsection (a)(1) and the appointment qualifications
imposed by subsection (b) shall apply with respect to appointments as
Under Secretary of Defense (Comptroller) and Deputy Chief Financial
Officer of the Department of Defense that are made on or after the date
of the enactment of this Act.
SEC. 906. REDESIGNATION OF PRINCIPAL DEPUTY UNDER SECRETARIES OF
DEFENSE AS DEPUTY UNDER SECRETARIES OF DEFENSE AND RELATED
MATTERS.
(a) Redesignation.--Section 137a of title 10, United States Code,
is amended by striking ``Principal'' each place it appears.
(b) Increase in Authorized Number.--Section 137a(a)(1) of title 10,
United States Code, is amended by striking ``five'' and inserting
``six''.
(c) Replacement of ATL Position With Two Positions in Connection
With OSD Reform.--Effective on February 1, 2018, section 137a(c) of
title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) through (5) as paragraphs
(3) through (6), respectively; and
(2) by striking paragraph (1) and inserting the following new
paragraphs:
``(1) One of the Deputy Under Secretaries is the Deputy Under
Secretary of Defense for Research and Engineering.
``(2) One of the Deputy Under Secretaries is the Deputy Under
Secretary of Defense for Acquisition and Sustainment.''.
(d) Conforming Amendments.--
(1) OSD.--Paragraph (6) of section 131(b) of title 10, United
States Code, is amended to read as follows:
``(6) The Deputy Under Secretaries of Defense.''.
(2) Precedence.--Section 138(d) of title 10, United States
Code, is amended by striking ``Principal''.
(e) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended--
(1) by striking ``Principal'' in the items relating to the
Principal Deputy Under Secretary of Defense for Policy, the
Principal Deputy Under Secretary of Defense for Personnel and
Readiness, the Principal Deputy Under Secretary of Defense
(Comptroller), and the Principal Deputy Under Secretary of Defense
for Intelligence; and
(2) by inserting before the item relating to the Deputy Under
Secretary of Defense for Policy, as amended by paragraph (1), the
following new items:
``Deputy Under Secretary of Defense for Research and
Engineering.
``Deputy Under Secretary of Defense for Acquisition and
Sustainment.''.
(f) Clerical Amendments.--
(1) Heading amendment.--The heading of section 137a of title
10, United States Code, is amended to read as follows:
``Sec. 137a. Deputy Under Secretaries of Defense''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 4 of title 10, United States Code, is amended by
striking the item relating to section 137a and inserting the
following new item:
``137a. Deputy Under Secretaries of Defense.''.
SEC. 907. REDUCTION OF NUMBER AND ELIMINATION OF SPECIFIC
DESIGNATIONS OF ASSISTANT SECRETARIES OF DEFENSE.
(a) Reduction of Authorized Number.--Section 138(a)(1) of title 10,
United States Code, is amended by striking ``14'' and inserting ``13''.
(b) Elimination of Certain Specific Designations.--Section 138(b)
of title 10, United States Code, is amended--
(1) by striking paragraphs (2) and (3); and
(2) by redesignating paragraphs (4), (5), and (6) as paragraphs
(2), (3), and (4), respectively.
SEC. 908. LIMITATION ON MAXIMUM NUMBER OF DEPUTY ASSISTANT
SECRETARIES OF DEFENSE.
The maximum number of Deputy Assistant Secretaries of Defense after
the date of the enactment of this Act may not exceed 48.
SEC. 909. APPOINTMENT AND RESPONSIBILITIES OF CHIEF INFORMATION
OFFICER OF THE DEPARTMENT OF DEFENSE.
(a) Appointment Method and Qualifications.--Section 142(a) of title
10, United States Code, is amended by inserting before the period at
the end the following: ``, who shall be appointed by the President, by
and with the advice and consent of the Senate, from among civilians who
are qualified to serve as such officer''.
(b) Clarification of Certain Responsibilities.--Section
142(b)(1)(I) of title 10, United States Code, is amended by striking
``the networking and cyber defense architecture'' and inserting ``the
information technology, networking, information assurance,
cybersecurity, and cyber capability architectures''.
(c) Additional Responsibilities Related to Budgets and Standards.--
Section 142(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2)(A) The Secretary of Defense, acting through the Under
Secretary of Defense (Comptroller), shall require the Secretaries of
the military departments and the heads of the Defense Agencies with
responsibilities associated with any activity specified in paragraph
(1) to transmit the proposed budget for such activities for a fiscal
year and for the period covered by the future-years defense program
submitted to Congress under section 221 of this title for that fiscal
year to the Chief Information Officer for review under subparagraph (B)
before submitting the proposed budget to the Under Secretary of Defense
(Comptroller).
``(B) The Chief Information Officer shall review each proposed
budget transmitted under subparagraph (A) and, not later than January
31 of the year preceding the fiscal year for which the budget is
proposed, shall submit to the Secretary of Defense a report containing
the comments of the Chief Information Officer with respect to all such
proposed budgets, together with the certification of the Chief
Information Officer regarding whether each proposed budget is adequate.
``(C) Not later than March 31 of each year, the Secretary of
Defense shall submit to Congress a report specifying each proposed
budget contained in the most-recent report submitted under subparagraph
(B) that the Chief Information Officer did not certify to be adequate.
The report of the Secretary shall include the following matters:
``(i) A discussion of the actions that the Secretary proposes
to take, together with any recommended legislation that the
Secretary considers appropriate, to address the inadequacy of the
proposed budgets specified in the report.
``(ii) Any additional comments that the Secretary considers
appropriate regarding the inadequacy of the proposed budgets.
``(3)(A) The Secretary of a military department or head of a
Defense Agency may not develop or procure information technology (as
defined in section 11101 of title 40) that does not fully comply with
such standards as the Chief Information Officer may establish.
``(B) The Chief Information Officer shall implement and enforce a
process for--
``(i) developing, adopting, or publishing standards for
information technology, networking, or cyber capabilities to which
any military department or defense agency would need to adhere in
order to run such capabilities on defense networks; and
``(ii) certifying on a regular and ongoing basis that any
capabilities being developed or procured meets such standards as
have been published by the Department at the time of certification.
``(C) The Chief Information Officer shall identify gaps in
standards and mitigation plans for operating in the absence of
acceptable standards.''.
(d) Direction and Precedence.--Section 142 of title 10, United
States Code, is amended by adding at the end the following new
subsections:
``(c) The Chief Information Officer of the Department of Defense
shall report directly to the Secretary of Defense in the performance of
duties under this section.
``(d) The Chief Information Officer of the Department of Defense
takes precedence in the Department of Defense with the officials
serving in positions specified in section 131(b)(4) of this title. The
officials serving in positions specified in such section and the Chief
Information Officer take precedence among themselves in the order
prescribed by the Secretary of Defense.''.
(e) Alternative Proposal.--Not later than March 1, 2018, the
Secretary of Defense shall submit to the congressional defense
committees a proposal for such alternatives or modifications to the
realignment of responsibilities of the Chief Information Officer of the
Department of Defense required by the amendments made by subsection (a)
as the Secretary considers appropriate, together with an implementation
plan for such proposal. The proposal may not be carried out unless
approved by statute.
(f) Service of Incumbent Without Further Appointment.--The
individual serving in the position of Chief Information Officer of the
Department of Defense as of January 1, 2019, may continue to serve in
such position commencing as of that date without further appointment
pursuant to section 142 of title 10, United States Code, as amended by
this section.
(g) Effective Date of Amendments.--The amendments made by this
section shall take effect on January 1, 2019.
SEC. 910. CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE.
(a) Chief Management Officer.--
(1) In general.--Effective February 1, 2018, section 132a of
title 10, United States Code, is amended to read as follows:
``Sec. 132a. Chief Management Officer
``(a) Appointment and Qualifications.--(1) There is a Chief
Management Officer of the Department of Defense, appointed from
civilian life by the President, by and with the advice and consent of
the Senate.
``(2) 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.
``(b) Responsibilities.--Subject to the authority, direction, and
control of the Secretary of Defense and the Deputy Secretary of
Defense, the Chief Management Officer shall perform such duties and
exercise such powers as the Secretary or the Deputy Secretary may
prescribe, including the following:
``(1) Serving as the chief management officer of the Department
of Defense with the mission of managing enterprise business
operations and shared services of the Department of Defense.
``(2) Serving as the principal advisor to the Secretary and the
Deputy Secretary on establishing policies for, and directing, all
enterprise business operations of the Department, including
planning and processes, business transformation, performance
measurement and management, and business information technology
management and improvement activities and programs, including the
allocation of resources for enterprise business operations and
unifying business management efforts across the Department.
``(3) Exercising authority, direction, and control over the
Defense Agencies and Department of Defense Field Activities
providing shared business services for the Department that are
designated by the Secretary or the Deputy Secretary for purposes of
this paragraph.
``(4) As of January 1, 2019--
``(A) serving as the Chief Information Officer of the
Department for purposes of section 2222 of this title;
``(B) administering the responsibilities and duties
specified in sections 11315 and 11319 of title 40, section
3506(a)(2) of title 44, and section 2223(a) of this title for
business systems and management; and
``(C) Exercising any responsibilities, duties, and powers
relating to business systems or management that are exercisable
by a chief information officer for the Department, other than
those responsibilities, duties, and powers of a chief
information officer that are vested in the Chief Information
Officer of the Department of Defense by section 142 of this
title.
``(5) Serving as the official with principal responsibility in
the Department for providing for the availability of common,
usable, Defense-wide data sets with applications such as improving
acquisition outcomes and personnel management.
``(6) Authority to direct the Secretaries of the military
departments and the heads of all other elements of the Department
with regard to matters for which the Chief Management Officer has
responsibility under this section.
``(c) Precedence.--The Chief Management Officer takes precedence in
the Department of Defense after the Secretary of Defense and the Deputy
Secretary of Defense.
``(d) Enterprise Business Operation Defined.--In this section, the
term `enterprise business operations' means those activities that
constitute the cross-cutting business operations used by multiple
components of the Department of Defense, but not those activities that
are directly tied to a single military department or Department of
Defense component. The term includes business-support functions
designated by the Secretary of Defense or the Deputy Secretary of
Defense for purposes of this section, such as aspects of financial
management, healthcare, acquisition and procurement, supply chain and
logistics, certain information technology, real property, and human
resources operations.''.
(2) Clerical amendment.--Effective February 1, 2018, the table
of sections at the beginning of chapter 4 of title 10, United
States Code, is amended by striking the item relating to section
132a and inserting the following new item:
``132a. Chief Management Officer.''.
(b) Conforming Repeal of Prior Authorities on Chief Management
Officer.--
(1) In general.--Effective on January 31, 2018, subsection (c)
of section 901 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2341; 10 U.S.C. 131 note)
is repealed, and the amendments to be made by paragraph (4) of that
subsection shall not be made.
(2) Further conforming amendments.--Effective on February 1,
2018, section 132 of title 10, United States Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(c) Conforming Amendments on Precedence in DoD.--Effective on
February 1, 2018, and immediately after the coming into effect of the
amendments made by section 901 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2339; 10 U.S.C.
131 note)--
(1) section 131(b) of title 10, United States Code, as amended
by section 906(d)(1) of this Act, is further amended--
(A) by redesignating paragraphs (2) through (9) as
paragraphs (3) through (10), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Chief Management Officer of the Department of
Defense.'';
(2) section 133a(c) of such title is amended--
(A) in paragraph (1), by striking ``and the Deputy
Secretary of Defense'' and inserting ``, the Deputy Secretary
of Defense, and the Chief Management Officer of the Department
of Defense''; and
(B) in paragraph (2), by inserting ``the Chief Management
Officer,'' after ``the Deputy Secretary,''; and
(3) section 133b(c) of such title is amended--
(A) in paragraph (1), by inserting ``the Chief Management
Officer of the Department of Defense,'' after ``the Deputy
Secretary of Defense,''; and
(B) in paragraph (2), by inserting ``the Chief Management
Officer,'' after ``the Deputy Secretary,''.
(d) Executive Schedule Level II.--Effective on February 1, 2018,
and immediately after the coming into effect of the amendment made by
section 901(h) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2342; 5 U.S.C. 5313 note),
section 5313 of title 5, United States Code, is amended by inserting
before the item relating to the Under Secretary of Defense for Research
and Engineering the following new item:
``Chief Management Officer of the Department of Defense.''.
(e) Service of Incumbent Deputy Chief Management Officer as Chief
Management Officer Upon Commencement of Latter Position Without Further
Appointment.--The individual serving in the position of Deputy Chief
Management Officer of the Department of Defense as of February 1, 2018,
may continue to serve as Chief Management Officer of the Department of
Defense under section 132a of title 10, United States Code (as amended
by subsection (a)), commencing as of that date without further
appointment pursuant to such section 132a.
(f) Defense Agencies and Field Activities Providing Shared Business
Services.--
(1) Initial reporting requirement.--Not later than January 15,
2018, the Secretary of Defense shall submit to the congressional
defense committees a report specifying each Defense Agency and
Department of Defense Field Activity providing shared business
services for the Department of Defense that is to be designated by
the Secretary of Defense or the Deputy Secretary of Defense for
purposes of subsection (b)(3) of section 132a of title 10, United
States Code (as amended by subsection (a)), as of the coming into
effect of such section 132a.
(2) Notice to congress on transfer of oversight.--Upon the
transfer to the Chief Management Officer of the Department of
Defense of responsibility for oversight of shared business services
of a Defense Agency or Department of Defense Field Activity
specified in the report required by paragraph (1), the Secretary of
Defense shall submit to the congressional defense committees a
notice of the transfer, including the Defense Agency or Field
Activity subject to the transfer and a description of the nature
and scope of the responsibility for oversight transferred.
Subtitle B--Data Management and Analytics
SEC. 911. POLICY ON TREATMENT OF DEFENSE BUSINESS SYSTEM DATA
RELATED TO BUSINESS OPERATIONS AND MANAGEMENT.
(a) Establishment of Policy.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
establish a data policy for the Department of Defense that mandates
that any data contained in a defense business system related to
business operations and management is an asset of the Department of
Defense.
(b) Availability.--As part of the policy required by subsection
(a), the Secretary of Defense shall ensure that, except as otherwise
provided by law or regulation, data described in such subsection shall
be made readily available to members of the Office of the Secretary of
Defense, the Joint Staff, the military departments, the combatant
commands, the Defense Agencies, the Department of Defense Field
Activities, and all other offices, agencies, activities, and commands
of the Department of Defense, as applicable.
SEC. 912. TRANSPARENCY OF DEFENSE MANAGEMENT DATA.
(a) Common Enterprise Data.--
(1) In general.--Section 2222(e) of title 10, United States
Code, is amended by adding at the end the following new paragraphs:
``(5) Common enterprise data.--The defense business enterprise
shall include enterprise data that may be automatically extracted
from the relevant systems to facilitate Department of Defense-wide
analysis and management of its business operations.
``(6) Roles and responsibilities.--
``(A) The Chief Management Officer of the Department of
Defense shall have primary decision-making authority with
respect to the development of common enterprise data. In
consultation with the Defense Business Council, the Chief
Management Officer shall--
``(i) develop an associated data governance process;
and
``(ii) oversee the preparation, extraction, and
provision of data across the defense business enterprise.
``(B) The Chief Management Officer and the Under Secretary
of Defense (Comptroller) shall--
``(i) in consultation with the Defense Business
Council, document and maintain any common enterprise data
for their respective areas of authority;
``(ii) participate in any related data governance
process;
``(iii) extract data from defense business systems as
needed to support priority activities and analyses;
``(iv) when appropriate, ensure the source data is the
same as that used to produce the financial statements
subject to annual audit;
``(v) in consultation with the Defense Business
Council, provide access, except as otherwise provided by
law or regulation, to such data to the Office of the
Secretary of Defense, the Joint Staff, the military
departments, the combatant commands, the Defense Agencies,
the Department of Defense Field Activities, and all other
offices, agencies, activities, and commands of the
Department of Defense; and
``(vi) ensure consistency of the common enterprise data
maintained by their respective organizations.
``(C) The Director of Cost Assessment and Program
Evaluation shall have access to data for the purpose of
executing missions as designated by the Secretary of Defense.
``(D) The Secretary of Defense, the Chairman of the Joint
Chiefs of Staff, the Secretaries of the military departments,
commanders of combatant commands, the heads of the Defense
Agencies, the heads of the Department of Defense Field
Activities, and the heads of all other offices, agencies,
activities, and commands of the Department of Defense shall
provide access to the relevant system of such department,
combatant command, Defense Agency, Defense Field Activity, or
office, agency, activity, and command organization, as
applicable, and data extracted from such system, for purposes
of automatically populating data sets coded with common
enterprise data.''.
(2) Definitions.--Section 2222(i) of title 10, United States
Code, is amended by adding at the end the following new paragraphs:
``(10) Common enterprise data.--The term `common enterprise
data' means business operations or management-related data,
generally from defense business systems, in a usable format that is
automatically accessible by authorized personnel and organizations.
``(11) Data governance process.--The term `data governance
process' means a system to manage the timely Department of Defense-
wide sharing of data described under subsection (a)(6)(A).''.
(b) Duties of Under Secretary of Defense (Comptroller).--Section
135(b) of title 10, United States Code, is amended in the second
sentence by inserting after ``shall perform'' the following: ``the
duties assigned to the Under Secretary in section 2222 of this title
and''.
(c) Duties of Director of Cost Assessment and Program Evaluation.--
Section 139a(d) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(9) Performing the duties assigned to the Director in section
2222 of this title.''.
(d) Implementation Plan for Common Enterprise Data.--
(1) Plan required.--Not later than one year after the date of
the enactment of this Act, the Deputy Secretary of Defense, acting
through the Chief Management Officer of the Department of Defense,
shall develop a plan to implement the amendments made by subsection
(a).
(2) Elements.--At a minimum, the implementation plan required
by paragraph (1) shall include the following elements:
(A) The major tasks required to implement the requirements
imposed by the amendments made by subsection (a) and the
recommended time frames for each task.
(B) The estimated resources required to complete each major
task identified pursuant to subparagraph (A).
(C) Any challenges associated with each major task
identified pursuant to subparagraph (A) and related steps to
mitigate such challenge.
(D) A description of how data security issues will be
appropriately addressed in the implementation of such
requirements.
(E) A review of the curriculum taught at the National
Defense University, the Defense Acquisition University,
professional military educational institutions, and appropriate
private sector academic institutions to determine the extent to
which the curricula include appropriate courses on data
management, data analytics and other evaluation-related
methods.
(3) Role of under secretary of defense (comptroller).--The
Under Secretary of Defense (Comptroller) shall ensure that the
implementation plan required by paragraph (1) does not conflict
with the financial statement audit priorities and timeline of the
Department of Defense.
(4) Submission to congress.--Upon completion of the
implementation plan required by paragraph (1), the Chief Management
Officer shall submit the plan to the congressional defense
committees.
(e) Application of New Authorities Required.--
(1) Data analytics capability required.--Not later than
September 30, 2020, the Chief Management Officer of the Department
of Defense shall establish and maintain within the Department of
Defense a data analytics capability for purposes of supporting
enhanced oversight and management of the Defense Agencies and
Department of Defense Field Activities.
(2) Elements.--The data analytics capability shall permit the
following:
(A) The maintenance on a continuing basis of an accurate
tabulation of the amounts expended by the Defense Agencies and
Department of Defense Field Activities on Government and
contractor personnel.
(B) The maintenance on a continuing basis of an accurate
number of the personnel currently supporting the Defense
Agencies and Department of Defense Field Activities, including
the following:
(i) Members of the regular components of the Armed
Forces.
(ii) Members of the reserve components of the Armed
Forces.
(iii) Civilian employees of the Department of Defense.
(iv) Detailees, whether from another organization or
element of the Department or from another department or
agency of the Federal Government.
(C) The tracking of costs for employing contract personnel,
including federally funded research and development centers.
(D) The maintenance on a continuing basis of the following:
(i) An identification of the functions being performed
by each Defense Agency and Department of Defense Field
Activity.
(ii) An accurate tabulation of the amounts being
expended by each Defense Agency and Department of Defense
Field Activity on its functions.
(3) Reporting requirements.--
(A) Interim report.--Not later than one year after the date
of the enactment of this Act, the Chief Management Officer of
the Department of Defense shall submit to the congressional
defense committees a report on progress in establishing the
data analytics capability. The report shall include the
following:
(i) A description and assessment of the efforts of the
Chief Management Officer through the date of the report to
establish the data analytics capability.
(ii) A description of current gaps in the data required
to establish the data analytics capability, and a
description of the efforts to be undertaken to eliminate
such gaps.
(B) Final report.--Not later than December 31, 2020, the
Chief Management Officer shall submit to the congressional
defense committees a report on the data analytics capability as
established pursuant to this section.
(f) Additional Pilot Programs Required.--
(1) In general.--The Secretary of Defense shall carry out pilot
programs to develop data integration strategies for the Department
of Defense to address high-priority management challenges of the
Department.
(2) Elements.--The pilot programs carried out under the
authority of this subsection shall involve data integration
strategies to address challenges of the Department with respect to
the following:
(A) The budget of the Department.
(B) Logistics.
(C) Personnel security and insider threats.
(D) At least two other high-priority challenges of the
Department identified by the Secretary for purposes of this
subsection.
(3) Report on pilot programs.--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
describing the pilot programs to be carried out under this section,
including the challenge of the Department to be addressed by the
pilot program and the manner in which the data integration strategy
under the pilot program will address the challenge. If any proposed
pilot program requires legislative action for the waiver or
modification of a statutory requirement that otherwise prevents or
impedes the implementation of the pilot program, the Secretary
shall include in the report a recommendation for legislative action
to waive or modify the statutory requirement.
SEC. 913. ESTABLISHMENT OF SET OF ACTIVITIES THAT USE DATA
ANALYSIS, MEASUREMENT, AND OTHER EVALUATION-RELATED METHODS TO
IMPROVE ACQUISITION PROGRAM OUTCOMES.
(a) Establishment Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall establish
a set of activities that use data analysis, measurement, and other
evaluation-related methods to improve the acquisition outcomes of the
Department of Defense and enhance organizational learning.
(b) Types of Activities.--The set of activities established under
subsection (a) may include any or all of the following: --
(1) Establishment of data analytics capabilities and
organizations within an Armed Force.
(2) Development of capabilities in Department of Defense
laboratories, test centers, and federally funded research and
development centers to provide technical support for data analytics
activities that support acquisition program management and business
process re-engineering activities.
(3) Increased use of existing analytical capabilities available
to acquisition programs and offices to support improved acquisition
outcomes.
(4) Funding of intramural and extramural research and
development activities to develop and implement data analytics
capabilities in support of improved acquisition outcomes.
(5) Publication, to the maximum extent practicable, and in a
manner that protects classified and proprietary information, of
data collected by the Department of Defense related to acquisition
program costs and activities for access and analyses by the general
public or Department research and education organizations.
(6) Promulgation by the Chief of Staff of the Army, the Chief
of Naval Operations, the Chief of Staff of the Air Force, and the
Commandant of the Marine Corps, in coordination with the Deputy
Secretary of Defense, the Under Secretary of Defense for Research
and Engineering, and the Under Secretary for Acquisition and
Sustainment, of a consistent policy as to the role of data
analytics in establishing budgets and making milestone decisions
for major defense acquisition programs.
(7) Continual assessment, in consultation with the private
sector, of the efficiency of current data collection and analyses
processes, so as to minimize the requirement for collection and
delivery of data by, from, and to Government organizations.
(8) Promulgation of guidance to acquisition programs and
activities on the efficient use, quality, and sharing of enterprise
data between programs and organizations to improve acquisition
program analytics and outcomes.
(9) Establishment of focused research and educational
activities at the Defense Acquisition University, and appropriate
private sector academic institutions, to support enhanced use of
data management, data analytics, and other evaluation-related
methods to improve acquisition outcomes.
Subtitle C--Organization of Other Department of Defense Offices and
Elements
SEC. 921. QUALIFICATIONS FOR APPOINTMENT OF ASSISTANT SECRETARIES
OF THE MILITARY DEPARTMENTS FOR FINANCIAL MANAGEMENT.
(a) Assistant Secretary of the Army.--Section 3016(b)(4) of title
10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) by striking ``The Assistant Secretary shall have as his
principal responsibility'' and inserting the following:
``(C) The principal responsibility of the Assistant Secretary shall
be''; and
(3) by inserting after subparagraph (A), as designated by
paragraph (1), the following new subparagraph (B):
``(B) The Assistant Secretary shall be appointed from among persons
who have significant budget, financial management, or audit experience
in complex organizations.''.
(b) Assistant Secretary of the Navy.--Section 5016(b)(3) of title
10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``The Assistant Secretary shall have as his
principal responsibility'' and inserting the following:
``(C) The principal responsibility of the Assistant Secretary shall
be''; and
(3) by inserting after subparagraph (A), as designated by
paragraph (1), the following new subparagraph (B):
``(B) The Assistant Secretary shall be appointed from among persons
who have significant budget, financial management, or audit experience
in complex organizations.''.
(c) Assistant Secretary of the Air Force.--Section 8016(b)(3) of
title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``The Assistant Secretary shall have as his
principal responsibility'' and inserting the following:
``(C) The principal responsibility of the Assistant Secretary shall
be''; and
(3) by inserting after subparagraph (A), as designated by
paragraph (1), the following new subparagraph (B):
``(B) The Assistant Secretary shall be appointed from among persons
who have significant budget, financial management, or audit experience
in complex organizations.''.
(d) Applicability.--The appointment qualifications imposed by the
amendments made by this section shall apply with respect to an
appointment as an Assistant Secretary of a military department for
financial management that is made on or after the date of the enactment
of this Act.
SEC. 922. MANNER OF CARRYING OUT REDUCTIONS IN MAJOR DEPARTMENT OF
DEFENSE HEADQUARTERS ACTIVITIES PURSUANT TO HEADQUARTERS
REDUCTION PLAN.
Section 346(b) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 796; 10 U.S.C. 111 note) is
amended by adding at the end the following new paragraph:
``(5) Manner of carrying out reductions.--
``(A) In general.--The Secretary of Defense shall implement
the headquarters reduction plan referred to in paragraph (1),
as modified pursuant to that paragraph, so that reductions in
major Department of Defense headquarters activities pursuant to
the plan are carried out only after consideration of--
``(i) the current manpower levels of major Department
of Defense headquarters activities;
``(ii) the historic manpower levels of major Department
of Defense headquarters activities;
``(iii) the mission requirements of major Department of
Defense headquarters activities; and
``(iv) the anticipated staffing needs of major
Department of Defense headquarters activities necessary to
meet national defense objectives.
``(B) Conforming modification of plan for achievement of
cost savings.--The Secretary of Defense shall modify the plan
for achievement of cost savings required by subsection (a) to
take into account the requirement specified in subparagraph
(A).''.
SEC. 923. CERTIFICATIONS ON COST SAVINGS ACHIEVED BY REDUCTIONS IN
MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES.
Section 346(b) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 796 10 U.S.C. 111 note), as
amended by section 922, is further amended by adding at the end the
following new paragraph:
``(6) Certifications on cost savings achieved.--Not later than
120 days after the date of the enactment of this paragraph, and not
later than 60 days after the end of each of fiscal years 2018
through 2020, the Director of Cost Assessment and Program
Evaluation shall certify to the Secretary of Defense, and to the
congressional defense committees, the following:
``(A) The validity of the cost savings achieved for each
major Department of Defense headquarters activity during the
previous fiscal year, including the cost of personnel detailed
by another Department entity to the headquarters activity.
``(B) Whether the cost savings achieved for each major
Department of Defense headquarters activity during that fiscal
year met the savings objective for the headquarters activity
for that fiscal year, as established pursuant to paragraph
(1).''.
SEC. 924. CORROSION CONTROL AND PREVENTION EXECUTIVES MATTERS.
(a) Scope and Level of Positions.--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) is amended--
(1) by striking ``shall be the senior official'' and inserting
``shall be a senior official''; and
(2) by adding at the end the following new sentence: ``Each
individual so designated shall be a senior civilian employee of the
military department concerned in pay grade GS-15 or higher.''.
(b) Qualifications.--Section 903 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 2228 note) is further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Qualifications.--Any individual designated as a corrosion
control and prevention executive of a military department pursuant to
subsection (a) shall--
``(1) have a working knowledge of corrosion prevention and
control;
``(2) have strong program management and communication skills;
and
``(3) understand the acquisition, research, development, test,
and evaluation, and sustainment policies and procedures of the
military department, including for the sustainment of
infrastructure.''.
SEC. 925. BACKGROUND AND SECURITY INVESTIGATIONS FOR DEPARTMENT OF
DEFENSE PERSONNEL.
(a) Transition To Discharge by Defense Security Service.--
(1) Secretarial authority.--The Secretary of Defense has the
authority to conduct security, suitability, and credentialing
background investigations for Department of Defense personnel. In
carrying out such authority, the Secretary may use such authority,
or may delegate such authority to another entity.
(2) Phased transition.--As part of providing for the conduct of
background investigations initiated by the Department of Defense
through the Defense Security Service by not later than the deadline
specified in subsection (b), the Secretary shall, in consultation
with the Director of the Office of Personnel Management, provide
for a phased transition from the conduct of such investigations by
the National Background Investigations Bureau of the Office of
Personnel Management to the conduct of such investigations by the
Defense Security Service by that deadline.
(3) Transition elements.--The phased transition required by
paragraph (2) shall--
(A) provide for the transition of the conduct of
investigations to the Defense Security Service using a risk
management approach; and
(B) be consistent with the transition from legacy
information technology operated by the Office of Personnel
Management to the new information technology, including the
National Background Investigations System, as described in
subsection (f).
(b) Commencement of Implementation Plan for Ongoing Discharge of
Investigations Through DSS.--Not later than October 1, 2020, the
Secretary of Defense shall commence carrying out the implementation
plan developed pursuant to section 951(a)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2371; 10 U.S.C. 1564 note).
(c) Transfer of Certain Functions Within DoD to DSS.--
(1) Transfer required.--For purposes of meeting the
requirements in subsections (a) and (b), the Secretary of Defense
shall transfer to the Defense Security Service the functions,
personnel, and associated resources of the following organizations:
(A) The Consolidated Adjudications Facility.
(B) Other organizations identified by the Secretary for
purposes of this paragraph.
(2) Supporting organizations.--In addition to the organizations
identified pursuant to paragraph (1), the following organizations
shall prioritize resources to directly support the execution of
requirements in subsections (a) and (b):
(A) The Office of Cost Analysis and Program Evaluation.
(B) The Defense Digital Service.
(C) Other organizations designated by the Secretary for
purposes of this paragraph.
(3) Timing and manner of transfer.--The Secretary--
(A) may carry out the transfer required by paragraph (1) at
any time before the date specified in subsection (b) that the
Secretary considers appropriate for purposes of this section;
and
(B) shall carry out the transfer in a manner designed to
minimize disruptions to the conduct of background
investigations for personnel of the Department of Defense.
(d) Transfer of Certain Functions in OPM to DSS.--
(1) In general.--For purposes of meeting the requirements in
subsections (a) and (b), the Secretary of Defense shall provide for
the transfer of the functions described in paragraph (2), and any
associated personnel and resources, to the Department of Defense.
(2) Functions.--The functions to be transferred pursuant to
paragraph (1) are the following:
(A) Any personnel security investigations functions
transferred by the Secretary to the Director of the Office of
Personnel Management pursuant to section 906 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 5 U.S.C. 1101 note).
(B) Any other functions of the Office of Personnel
Management in connection with background investigations
initiated by the Department of Defense that the Secretary and
the Director jointly consider appropriate.
(3) Assessment.--In carrying out the transfer of functions
pursuant to paragraph (1), the Secretary shall conduct a
comprehensive assessment of workforce requirements for both the
Department of Defense and the National Background Investigations
Bureau synchronized to the transition plan, including a forecast of
workforce needs across the current future-years defense plan for
the Department. 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 containing the
results of the assessment.
(4) Consultation.--The Secretary shall carry out paragraphs
(1), (2), and (3) in consultation with the Director of the Office
of Personnel Management and the Director of the Office of
Management and Budget.
(5) Location within dod.--Any functions transferred to the
Department of Defense pursuant to this subsection shall be located
within the Defense Security Service.
(e) Conduct of Certain Actions.--For purposes of the conduct of
background investigations following the commencement of carrying out
the implementation plan referred to in subsection (b), the Secretary of
Defense shall provide for the following:
(1) A single capability for the centralized funding,
submissions, and processing of all background investigations, from
within the Defense Security Service.
(2) The discharge by the Consolidated Adjudications Facility,
from within the Defense Security Service pursuant to transfer under
subsection (c), of adjudications in connection with the following:
(A) Background investigations.
(B) Continuous evaluation and vetting checks.
(f) Enhancement of Information Technology Capabilities of NBIS.--
(1) In general.--The Secretary of Defense shall conduct a
review of the information technology capabilities of the National
Background Investigations System in order to determine whether
enhancements to such capabilities are required for the following:
(A) Support for background investigations pursuant to this
section and section 951 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2371;
10 U.S.C. 1564 note).
(B) Support of the National Background Investigations
Bureau.
(C) Execution of the conduct of background investigations
initiated by the Department of Defense pursuant to this
section, including submissions and adjudications.
(2) Common component.--In providing for the transition and
operation of the National Background Investigations System as
described in paragraph (1)(C), the Secretary shall develop a common
component of the System usable for background investigations by
both the Defense Security Service and the National Background
Investigations Bureau.
(3) Enhancements.--If the review pursuant to paragraph (1)
determines that enhancements described in that paragraph are
required, the Secretary shall carry out such enhancements.
(4) Consultation.--The Secretary shall carry out this
subsection in consultation with the Director of the Office of
Personnel Management.
(g) Use of Certain Private Industry Data.--In carrying out
background and security investigations pursuant to this section and
section 951 of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 130 Stat. 2371; 10 U.S.C. 1564 note), the
Secretary of Defense may use background materials collected on
individuals by the private sector, in accordance with national policies
and standards, that are applicable to such investigations, including
materials as follows:
(1) Financial information, including credit scores and credit
status.
(2) Criminal records.
(3) Drug screening.
(4) Verifications of information on resumes and employment
applications, such as previous employers, educational achievement,
and educational institutions attended.
(5) Other publicly available electronic information.
(h) Security Clearances for Contractor Personnel.--
(1) In general.--The Secretary of Defense shall review the
requirements of the Department of Defense relating to position
sensitivity designations for contractor personnel in order to
determine whether such requirements may be reassessed or modified
to reduce the number and range of contractor personnel who are
issued security clearances in connection with work under contracts
with the Department.
(2) Guidance.--The Secretary shall issue guidance to program
managers, contracting officers, and security personnel of the
Department specifying requirements for the review of contractor
position sensitivity designations and the number of contractor
personnel of the Department who are issued security clearances for
the purposes of determining whether the number of such personnel
who are issued security clearances should and can be reduced.
(i) Personnel To Support the Transfer of Functions.--The Secretary
of Defense shall authorize the Director of the Defense Security Service
to promptly increase the number of personnel of the Defense Security
Service for the purpose of beginning the establishment and expansion of
investigative capacity to support the phased transfer of investigative
functions from the Office of Personnel Management to the Department of
Defense under this section. The Director of Cost Analysis and Program
Assessment shall advise the Secretary on the size of the initial
investigative workforce and the rate of growth of that workforce.
(j) Report on Future Periodic Reinvestigations, Insider Threat, and
Continuous Vetting.--
(1) Report required.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
the appropriate congressional committees a report that includes the
following:
(A) An assessment of the feasibility and advisability of
periodic reinvestigations of backgrounds of Government and
contractor personnel with security clearances, including
lessons from all of the continuous evaluation pilots being
conducted throughout the Government, and identification of new
or additional data sources and data analytic tools needed for
improving current continuous evaluation or vetting
capabilities.
(B) A plan to provide the Government with an enhanced risk
management model that reduces the gaps in coverage perpetuated
by the current time-based periodic reinvestigations model,
particularly in light of the increasing use of continuous
background evaluations of personnel referred to in subparagraph
(A).
(C) A plan for expanding continuous background vetting
capabilities, such as the Installation Matching Engine for
Security and Analysis, to the broader population, including
those at the lowest tiers and levels of access, which plan
shall include details to ensure that all individuals
credentialed for physical access to Department of Defense
facilities and installations are vetted to the same level of
fitness determinations and subject to appropriate continuous
vetting.
(D) A plan to fully integrate and incorporate insider
threat data, tools, and capabilities into the new end-to-end
vetting processes and supporting information technology
established by the Defense Security Service to ensure a
holistic and transformational approach to detecting, deterring,
and mitigating threats posed by trusted insiders.
(2) Consultation.--The Secretary shall prepare the report under
paragraph (1) in consultation with the Director of National
Intelligence and the Director of the Office of Personnel
Management.
(k) Quarterly and Annual Briefings and Reports.--
(1) Annual assessment of timeliness.--Not later than December
31, 2018, and each December 31 thereafter through the date
specified in paragraph (4), the Security Executive Agent, in
coordination with the Chair and other Principals of the Security,
Suitability, and Credentialing Performance Accountability Council,
shall submit to the appropriate committees of Congress a report on
the timeliness of personnel security clearance initiations,
investigations, and adjudications, by clearance level, for both
initial investigations and periodic reinvestigations during the
prior fiscal year for Government and contractor employees,
including the following:
(A) The average periods of time taken by each authorized
investigative agency and authorized adjudicative agency to
initiate cases, conduct investigations, and adjudicate cases as
compared with established timeliness objectives, from the date
a completed security clearance application is received to the
date of adjudication and notification to the subject and the
subject's employer.
(B) The number of initial investigations and periodic
reinvestigations initiated and adjudicated by each authorized
adjudicative agency.
(C) The number of initial investigations and periodic
reinvestigations carried over from prior fiscal years by each
authorized investigative and adjudicative agency.
(D) The number of initial investigations and periodic
reinvestigations that resulted in a denial or revocation of a
security clearance by each authorized adjudicative agency.
(E) The costs to the executive branch related to personnel
security clearance initiations, investigations, adjudications,
revocations, and continuous evaluation.
(F) A discussion of any impediments to the timely
processing of personnel security clearances.
(G) The number of clearance holders enrolled in continuous
evaluation and the numbers and types of adverse actions taken
as a result by each authorized adjudicative agency.
(H) The number of personnel security clearance cases, both
initial investigations and periodic reinvestigations, awaiting
or under investigation by the National Background
Investigations Bureau.
(I) Other information as appropriate, including any
recommendations to improve the timeliness and efficiency of
personnel security clearance initiations, investigations, and
adjudications.
(2) Quarterly briefings.--Not later than the end of each
calendar-year quarter beginning after January 1, 2018, through the
date specified in paragraph (4), the Secretary of Defense shall
provide the appropriate congressional committees a briefing on the
progress of the Secretary in carrying out the requirements of this
section during that calendar-year quarter. Until the backlog of
security clearance applications at the National Background
Investigations Bureau is eliminated, each quarterly briefing shall
also include the current status of the backlog and the resulting
mission and resource impact to the Department of Defense and the
defense industrial base. Until the phased transition described in
subsection (a) is complete, each quarterly briefing shall also
include identification of any resources planned for movement from
the National Background Investigations Bureau to the Department of
Defense during the next calendar-year quarter.
(3) Annual reports.--Not later than December 31, 2018, and each
December 31 thereafter through the date specified in paragraph (4),
the Secretary of Defense shall submit to the appropriate
congressional committees a report on the following for the calendar
year in which the report is to be submitted:
(A) The status of the Secretary in meeting the requirements
in subsections (a), (b), and (c).
(B) The status of any transfers to be carried out pursuant
to subsection (d).
(C) An assessment of the personnel security capabilities of
the Department of Defense.
(D) The average periods of time taken by each authorized
investigative agency and authorized adjudicative agency to
initiate cases, conduct investigations, and adjudicate cases as
compared with established timeliness objectives, from the date
a completed security clearance application is received to the
date of adjudication and notification to the subject and the
subject's employer.
(E) The number of initial investigations and periodic
reinvestigations initiated and adjudicated by each authorized
adjudicative agency.
(F) The number of initial investigations and periodic
reinvestigations carried over from prior fiscal years by each
authorized investigative and adjudicative agency.
(G) The number of initial investigations and periodic
reinvestigations that resulted in a denial or revocation of a
security clearance by each authorized adjudicative agency.
(H) The costs to the Department of Defense related to
personnel security clearance initiations, investigations,
adjudications, revocations, and continuous evaluation.
(I) A discussion of any impediments to the timely
processing of personnel security clearances.
(J) The number of clearance holders enrolled in continuous
evaluation and the numbers and types of adverse actions taken
as a result.
(K) The number of personnel security clearance cases, both
initial investigations and periodic reinvestigations, awaiting
or under investigation by the National Background
Investigations Bureau.
(L) Other information that the Secretary considers
appropriate, including any recommendations to improve the
timeliness and efficiency of personnel security clearance
initiations, investigations, and adjudications.
(4) Termination.--No briefing or report is required under this
subsection after December 31, 2021.
(l) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committees on Armed Services, Appropriations, Homeland
Security and Governmental Affairs, and the Select Committee on
Intelligence of the Senate; and
(2) the Committees on Armed Services, Appropriations, Oversight
and Government Reform, and the Permanent Select Committee on
Intelligence of the House of Representatives.
Subtitle D--Miscellaneous Reporting Requirements
SEC. 931. ADDITIONAL ELEMENTS IN REPORTS ON POLICY, ORGANIZATION,
AND MANAGEMENT GOALS OF THE SECRETARY OF DEFENSE FOR THE
DEPARTMENT OF DEFENSE.
Section 912(a)(2) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2349) is amended by
adding at the end the following new subparagraphs:
``(D) A civilian operating force structure sized for
operational effectiveness that is manned, equipped, and trained
to support deployment time and rotation ratios that sustain the
readiness and needed retention levels of the regular and
reserve components of the Armed Forces.
``(E) The hiring authorities and other actions that the
Secretary of Defense or the Secretaries of the military
departments will take to eliminate any gaps between desired
programmed civilian workforce levels and the current size of
the civilian workforce, set forth by mission and functional
area.''.
SEC. 932. REPORT AND SENSE OF CONGRESS ON RESPONSIBILITY FOR
DEVELOPMENTAL TEST AND EVALUATION WITHIN THE OFFICE OF THE
SECRETARY OF DEFENSE.
(a) Report on Plans to Address Developmental Test and Evaluation
Responsibilities Within the Office of the Secretary of Defense.--
(1) In general.--Not later than 60 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 containing a strategy to ensure that there
is sufficient expertise, oversight, and policy direction on
developmental test and evaluation within the Office of the
Secretary of Defense after the completion of the reorganization of
such Office required under section 901 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2339).
(2) Elements.--The report required by paragraph (1) shall
address the following:
(A) The structure of the roles and responsibilities of the
senior Department of Defense official responsible for
developmental test and evaluation, as distinct from operational
test and evaluation or systems engineering.
(B) The location of the senior Department of Defense
official responsible for developmental test and evaluation
within the organizational structure of the Office of the
Secretary of Defense.
(C) An estimate of personnel and other resources that
should be made available to the senior Department of Defense
official responsible for developmental test and evaluation to
ensure that such official can provide independent expertise,
oversight, and policy direction and guidance Department of
Defense-wide.
(D) Methods to ensure that the senior Department of Defense
official responsible for developmental test and evaluation will
be empowered to facilitate Department of Defense-wide
efficiencies by helping programs to optimize test designs and
activities, including ensuring access to program data and
participation in acquisition program oversight.
(E) Methods to ensure that an advocate for test and
evaluation workforce will continue to exist within the
acquisition workforce.
(b) Sense of Congress.--It is the sense of Congress that--
(1) developmental testing is critical to reducing acquisition
program risk by providing valuable information to support sound
decision making;
(2) major defense acquisition programs often do not conduct
enough developmental testing, so too many problems are first
identified during operational testing, when they are expensive and
time-consuming to fix; and
(3) in order to ensure that effective developmental testing is
conducted on major defense acquisition programs, the Secretary of
Defense should--
(A) carefully consider where the senior Department of
Defense official responsible for developmental test and
evaluation is located within the organizational structure of
the Office of the Secretary of Defense; and
(B) ensure that such official has sufficient authority and
resources to provide oversight and policy direction on
developmental test and evaluation Department of Defense-wide.
SEC. 933. REPORT ON OFFICE OF CORROSION POLICY AND OVERSIGHT.
(a) Report Required.--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--
(1) evaluating the continued need for the Office of Corrosion
Policy and Oversight; and
(2) containing a recommendation regarding whether to retain or
terminate the Office.
(b) Assessment.--As part of the report required by subsection (a),
the Secretary of Defense shall conduct an assessment to determine
whether there is duplication in matters relating to corrosion
prevention and control and mitigation of corrosion of the military
equipment and infrastructure of the Department of Defense between the
Office of Corrosion Policy and Oversight and other elements of the
Department, including, in particular, the Corrosion Control and
Prevention Executives of the military departments.
(c) Recommendation.--If the report required by subsection (a)
includes a recommendation to terminate the Office of Corrosion Policy
and Oversight, the Secretary of Defense shall include recommendations
for such additional authorities, if any, for the military departments
and the Armed Forces as the Secretary considers appropriate to ensure
the proper discharge by the Department of Defense of functions relating
to corrosion prevention and control and mitigation of corrosion in the
absence of the Office.
Subtitle D--Other Matters
SEC. 941. COMMISSION ON THE NATIONAL DEFENSE STRATEGY FOR THE
UNITED STATES.
(a) Extension of Deadlines for Reporting and Briefing
Requirements.--Section 942(e) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2368) is amended--
(1) in paragraph (1), by striking ``December 1, 2017'' and
inserting ``July 1, 2018''; and
(2) in paragraph (2), by striking ``June 1, 2017'' and
inserting ``March 1, 2018''.
(b) Treatment of Commission.--Section 942 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2368) is amended by adding at the end the following new subsection:
``(h) Legislative Advisory Committee.--The Commission shall operate
as a legislative advisory committee and shall not be subject to the
provisions of the Federal Advisory Committee Act (Public Law 92-463; 5
U.S.C. App.) or section 552b of title 5, United States Code (commonly
known as the Government in the Sunshine Act).''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Consolidation, codification, and improvement of certain
authorities and requirements in connection with the audit of
the financial statements of the Department of Defense.
Sec. 1003. Improper payment matters.
Sec. 1004. Rankings of auditability of financial statements of the
organizations and elements of the Department of Defense.
Sec. 1005. Financial operations dashboard for the Department of Defense.
Sec. 1006. Review and recommendations on efforts to obtain audit opinion
on full financial statements.
Sec. 1007. Notification requirement for certain contracts for audit
services.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1012. Venue for prosecution of maritime drug trafficking.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. National Defense Sealift Fund.
Sec. 1022. Use of National Sea-Based Deterrence Fund for multiyear
procurement of certain critical components.
Sec. 1023. Operational readiness of littoral combat ships on extended
deployment.
Sec. 1024. Availability of funds for retirement or inactivation of
Ticonderoga-class cruisers or dock landing ships.
Sec. 1025. Policy of the United States on minimum number of battle force
ships.
Sec. 1026. Surveying ships.
Subtitle D--Counterterrorism
Sec. 1031. Modification of authority on support of special operations to
combat terrorism.
Sec. 1032. Termination of requirement to submit annual budget
justification display for Department of Defense combating
terrorism program.
Sec. 1033. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba to the United States.
Sec. 1034. 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. 1035. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries.
Sec. 1036. Prohibition on use of funds to close or relinquish control of
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1037. Sense of Congress regarding providing for timely victim and
family testimony in military commission trials.
Sec. 1038. Report on public availability of military commissions
proceedings.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Limitation on expenditure of funds for emergency and
extraordinary expenses for intelligence and counter-
intelligence activities.
Sec. 1042. Matters relating to the submittal of future-years defense
programs.
Sec. 1043. Modifications to humanitarian demining assistance
authorities.
Sec. 1044. Prohibition on charge of certain tariffs on aircraft
traveling through channel routes.
Sec. 1045. Prohibition on lobbying activities with respect to the
Department of Defense by certain officers of the Armed Forces
and civilian employees of the Department following separation
from military service or employment with the Department.
Sec. 1046. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
Sec. 1047. Report on western Pacific Ocean ship depot maintenance
capability and capacity.
Sec. 1048. Annual training regarding the influence campaign of the
Russian Federation.
Sec. 1049. Workforce issues for military realignments in the Pacific.
Subtitle F--Studies and Reports
Sec. 1051. Elimination of reporting requirements terminated after
November 25, 2017, pursuant to section 1080 of the National
Defense Authorization Act for Fiscal Year 2016.
Sec. 1052. Report on transfer of defense articles to units committing
gross violations of human rights.
Sec. 1053. Report on the National Biodefense Analysis and
Countermeasures Center.
Sec. 1054. Report on Department of Defense Arctic capability and
resource gaps and required infrastructure.
Sec. 1055. Review and assessment of Department of Defense personnel
recovery and nonconventional assisted recovery mechanisms.
Sec. 1056. Mine warfare readiness inspection plan and report.
Sec. 1057. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1058. Report on Joint Pacific Alaska Range Complex modernization.
Sec. 1059. Report on alternatives to aqueous film forming foam.
Sec. 1060. Assessment of global force posture.
Sec. 1061. Army modernization strategy.
Sec. 1062. Report on Army plan to improve operational unit readiness by
reducing number of non-deployable soldiers assigned to
operational units.
Sec. 1063. Efforts to combat physiological episodes on certain Navy
aircraft.
Sec. 1064. Studies on aircraft inventories for the Air Force.
Sec. 1065. Department of Defense review of Navy capabilities in the
Arctic region.
Sec. 1066. Comprehensive review of maritime intelligence, surveillance,
reconnaissance, and targeting capabilities.
Sec. 1067. Report on the need for a Joint Chemical-Biological Defense
Logistics Center.
Sec. 1068. Missile Technology Control Regime Category I unmanned aerial
vehicle systems.
Sec. 1069. Recommendations for interagency vetting of foreign
investments affecting national security.
Sec. 1070. Briefing on prior attempted Russian cyber attacks against
defense systems.
Sec. 1071. Enhanced analytical and monitoring capability of the defense
industrial base.
Sec. 1072. Report on defense of combat logistics and strategic mobility
forces.
Sec. 1073. Report on acquisition strategy to recapitalize the existing
system for undersea fixed surveillance.
Sec. 1074. Report on implementation of requirements in connection with
the organization of the Department of Defense for management
of special operations forces and special operations.
Sec. 1075. Report on the global food system and vulnerabilities relevant
to Department of Defense missions.
Subtitle G--Modernizing Government Technology
Sec. 1076. Definitions.
Sec. 1077. Establishment of agency information technology systems
modernization and working capital funds.
Sec. 1078. Establishment of technology modernization fund and board.
Subtitle H--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Clarification of applicability of certain provisions of law
to civilian judges of the United States Court of Military
Commission Review.
Sec. 1083. Modification of requirement relating to conversion of certain
military technician (dual status) positions to civilian
positions.
Sec. 1084. National Guard accessibility to Department of Defense issued
unmanned aircraft.
Sec. 1085. Sense of Congress regarding aircraft carriers.
Sec. 1086. Sense of Congress recognizing the United States Navy Seabees.
Sec. 1087. Construction of memorial to the crew of the Apollo I launch
test accident at Arlington National Cemetery.
Sec. 1088. Department of Defense engagement with covered non-Federal
entities.
Sec. 1089. Prize competition to identify root cause of physiological
episodes on Navy, Marine Corps, and Air Force training and
operational aircraft.
Sec. 1090. Providing assistance to House of Representatives in response
to cybersecurity events.
Sec. 1091. Transfer of surplus firearms to Corporation for the Promotion
of Rifle Practice and Firearms Safety.
Sec. 1092. Collaboration between Federal Aviation Administration and
Department of Defense on unmanned aircraft systems.
Sec. 1093. Carriage of certain programming.
Sec. 1094. National strategy for countering violent extremism.
Sec. 1095. Sense of Congress regarding World War I.
Sec. 1096. Notice to Congress of terms of Department of Defense
settlement agreements.
Sec. 1097. Office of Special Counsel reauthorization.
Sec. 1098. Air transportation of civilian Department of Defense
personnel to and from Afghanistan.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made available to
the Department of Defense in this division for fiscal year 2018
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred
shall be merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the total
amount of authorizations that the Secretary may transfer under the
authority of this section may not exceed $4,500,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that have a
higher priority than the items from which authority is transferred;
and
(2) may not be used to provide authority for an item that has
been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. CONSOLIDATION, CODIFICATION, AND IMPROVEMENT OF CERTAIN
AUTHORITIES AND REQUIREMENTS IN CONNECTION WITH THE AUDIT OF THE
FINANCIAL STATEMENTS OF THE DEPARTMENT OF DEFENSE.
(a) Establishment of New Chapter on Audit.--
(1) In general.--Part I of subtitle A of title 10, United
States Code, is amended by inserting after chapter 9 the following
new chapter:
``CHAPTER 9A--AUDIT
``Sec.
``251. Audit of Department of Defense financial statements.
``252. Financial Improvement and Audit Remediation Plan.
``253. Audit: consolidated corrective action plan; centralized reporting
system.
``254. Audits: audit of financial statements of Department of Defense
components by independent external auditors.
``254a. Audits: use of commercial data integration and analysis products
in preparing audits.
``254b. Audits: selection of service providers for audit services.''.
(2) Clerical amendments.--The tables of chapters at the
beginning of subtitle A of title 10, United States Code, and part I
of such subtitle, are each amended by inserting after the item
relating to chapter 9 the following new item:
``9A. Audit.......................................................251''.
(b) Requirement for Audit of Financial Statements.--
(1) In general.--Chapter 9A of title 10, United States Code, as
added by subsection (a), is amended by inserting after the table of
sections a new section 251 as follows:
``Sec. 251. Audit of Department of Defense financial statements
``(a) Annual Audit Required.--The Secretary of Defense shall ensure
that a full audit is performed on the financial statements of the
Department of Defense for each fiscal year as required by section
3521(e) of title 31.
``(b) Annual Report on Audit.--The Secretary shall submit to
Congress the results of the audit performed in accordance with
subsection (a) for a fiscal year by not later than March 31 of the
following fiscal year.''.
(2) Conforming repeal.--Section 1003 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 842; 10 U.S.C. 2222 note) is repealed.
(c) Financial Improvement and Audit Remediation Plan.--
(1) In general.--Chapter 9A of title 10, United States Code, as
added and amended by this section, is further amended by inserting
after section 251, as added by subsection (b), a new section 252
consisting of--
(A) a heading as follows:
``Sec. 252. Financial Improvement and Audit Remediation Plan''; and
(B) a text consisting subsection (a) of section 1003 of the
National Defense Authorization Act for Fiscal Year 2010 (10
U.S.C. 2222 note).
(2) Amendments in connection with codification.--Subsection (a)
of section 252 of title 10, United States Code, as added by
paragraph (1), is amended--
(A) in paragraph (1), by striking ``develop and''; and
(B) in paragraph (2)(B), by striking ``of title 10, United
States Code'' and inserting ``of this title''.
(3) Improvements.--Such section 252, as added and amended by
this subsection, is further amended--
(A) in the subsection headings for subsection (a), by
striking ``Financial Improvement and Audit Readiness Plan'' and
inserting ``Financial Improvement and Audit Remediation Plan'';
(B) in subsection (a)--
(i) in paragraph (1), by striking ``Financial
Improvement and Audit Readiness Plan'' and inserting
``Financial Improvement and Audit Remediation Plan''; and
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) by striking the matter preceding clause
(i) and inserting the following:
``(A) describe specific actions to be taken, including
interim milestones with a detailed description of the
subordinate activities required, and estimate the costs
associated with--'';
(bb) in clause (ii), by striking ``are
validated as ready for audit'' and all that follows
and inserting ``go under full financial statement
audit, and that the Department leadership makes
every effort to reach an unmodified opinion as soon
as possible;''; and
(cc) by adding at the end the following new
clauses:
``(iii) achieving an unqualified audit opinion for each
major element of the statement of budgetary resources of
the Department of Defense; and
``(iv) addressing the existence and completeness of
each major category of Department of Defense assets; and'';
(II) in subparagraph (B)--
(aa) by inserting ``business'' before ``process
and control'';
(bb) by striking ``the business enterprise
architecture and transition plan required by''; and
(cc) by striking the semicolon at the end and
inserting a period; and
(III) by striking subparagraphs (C) and (D); and
(C) by inserting after subsection (a) the following new
subsection (b):
``(b) Report and Briefing Requirements.--
``(1) Annual report.--
``(A) In general.--Not later than June 30, 2019, and
annually thereafter, the Under Secretary of Defense
(Comptroller) shall submit to the congressional defense
committees a report on the status of the implementation by the
Department of Defense of the Financial Improvement and Audit
Remediation Plan under subsection (a).
``(B) Elements.--Each report under subparagraph (A) shall
include the following:
``(i) An analysis of the consolidated corrective action
plan management summary prepared pursuant to section 253a
of this title.
``(ii) Current Department of Defense-wide information
on the status of corrective actions plans related to
critical capabilities and material weaknesses, including
the standard data elements recommended in the
implementation guide for Office of Management and Budget
Circular A-123, for the armed forces, military departments,
and Defense Agencies.
``(iii) A current description of the work undertaken
and planned to be undertaken by the Department of Defense,
and the military departments, Defense Agencies, and other
organizations and elements of the Department, to test and
verify transaction data pertinent to obtaining an
unqualified audit of their financial statements, including
from feeder systems.
``(iv) A current projected timeline of the Department
in connection with the audit of the full financial
statements of the Department, to be submitted to Congress
annually not later than six months after the submittal to
Congress of the budget of the President for a fiscal year
under section 1105 of title 31, including the following:
``(I) The date on which the Department projects the
beginning of an audit of the full financial statements
of the Department, and the military departments,
Defense Agencies, and other organizations and elements
of the Department, for a fiscal year.
``(II) The date on which the Department projects
the completions of audits of the full financial
statements of the Department, and the military
departments, Defense Agencies, and other organizations
and elements of the Department, for a fiscal year.
``(III) The dates on which the Department estimates
it will obtain an unqualified audit opinion on the full
financial statements of the Department, the military
departments, the Defense Agencies, and other
organizations and elements of the Department for a
fiscal year.
``(v) A current estimate of the anticipated annual
costs of maintaining an unqualified audit opinion on the
full financial statements of the Department, the military
departments, the Defense Agencies, and other organizations
and elements of the Department for a fiscal year after an
unqualified audit opinion on such full financial statements
for a fiscal year is first obtained.
``(vi) A certification of the results of the audit of
the financial statements of the Department performed for
the preceding fiscal year, and a statement summarizing,
based on such results, the current condition of the
financial statements of the Department.
``(2) Semiannual briefings.--Not later than January 31 and June
30 each year, the Under Secretary of Defense (Comptroller) and the
comptrollers of the military departments shall provide a briefing
to the congressional defense committees on the status of the
corrective action plan.
``(3) Critical capabilities defined.--In this subsection, the
term `critical capabilities' means the critical capabilities
described in the Department of Defense report titled `Financial
Improvement and Audit Readiness (FIAR) Plan Status Report' and
dated May 2016.''.
(4) Conforming repeal.--Section 1003 of the National Defense
Authorization Act for Fiscal Year 2010 is repealed.
(d) Consolidated Corrective Action Plan.--Chapter 9A of title 10,
United States Code, as added and amended by this section, is further
amended by adding after section 252, as added and amended by subsection
(c), a new section 253 consisting of--
(1) a heading as follows:
``Sec. 253. Audit: consolidated corrective action plan; centralized
reporting system''; and
(2) a text as follows:
``The Under Secretary of Defense (Comptroller) shall--
``(1) on a bimonthly basis, prepare a consolidated corrective
action plan management summary on the status of key corrective
actions plans related to critical capabilities for the armed forces
and for the components of the Department of Defense that support
the armed forces; and
``(2) develop and maintain a centralized monitoring and
reporting process that captures and maintains up-to-date
information, including the standard data elements recommended in
the implementation guide for Office of Management and Budget
Circular A-123, for key corrective action plans and findings and
recommendations Department-wide that pertain to critical
capabilities.''.
(e) Audit of DoD Components by Independent External Auditors.--
(1) In general.--Chapter 9A of title 10, United States Code, as
added and amended by this section, is further amended by adding
after section 253, as added and amended by subsection (d), a new
section 254 consisting of--
(A) a heading as follows:
``Sec. 254. Audits: audit of financial statements of Department of
Defense components by independent external auditors''; and
(B) a text consisting of the text of section 1005 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 861; 10 U.S.C. 2222 note).
(2) Amendments in connection with codification.--Section 254 of
title 10, United States Code, as added by paragraph (1), is further
amended--
(A) in subsections (d)(1)(A) and (e)(3), by striking ``,
United States Code''; and
(B) in subsections (a) and (e)(2), by striking ``, United
States Code,''.
(3) Improvements.--Such section 254, as added and amended by
this subsection, is further amended--
(A) in subsection (d)(1)--
(i) in subparagraph (A), by inserting ``and the Chief
Management Officer of the Department of Defense'' before
the semicolon;
(ii) in subparagraph (B), by striking ``and'' at the
end;
(iii) by redesignating subparagraph (C) as subparagraph
(D); and
(iv) by inserting after subparagraph (B), the following
new subparagraph (C):
``(C) the head of each component audited; and''; and
(B) in subsection (e)--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
(4) Conforming repeal.--Section 1005 of the National Defense
Authorization Act for Fiscal Year 2016 is repealed.
(f) Use of Commercial Data Integration and Analysis Products.--
(1) In general.--Chapter 9A of title 10, United States Code, as
added and amended by this section, is further amended by adding
after section 254, as added and amended by subsection (e), a new
section 254a consisting of--
(A) a heading as follows:
``Sec. 254a. Audits: use of commercial data integration and analysis
products in preparing audits''; and
(B) a text consisting of subsections (a) and (b) of section
1003 of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 130 Stat. 2380; 10 U.S.C. 2222 note).
(2) Amendments in connection with codification.--Section 254a
of title 10, United States Code, as added by paragraph (1), is
amended--
(A) in subsection (a)--
(i) by striking ``of title 10, United States Code,''
and inserting ``of this title''; and
(ii) by striking ``, as soon as practicable,''; and
(B) in subsection (b), by striking ``this deployment'' and
inserting ``deployment of technologies and services as
described in subsection (a)''.
(3) Conforming repeal.--Section 1003 of the National Defense
Authorization Act for Fiscal Year 2017 is repealed.
(g) Selection of Service Providers for Audit Services.--
(1) In general.--Chapter 9A of title 10, United States Code, as
added and amended by this section, is further amended by adding
after section 254a, as added and amended by subsection (f), a new
section 254b consisting of--
(A) a heading as follows:
``Sec. 254b. Audits: selection of service providers for audit
services''; and
(B) a text consisting of the text of section 892 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2324; 10 U.S.C. 2331 note).
(2) Improvement.--Section 254b of title 10, United States Code,
as added by paragraph (1), is amended by striking ``and audit
readiness services''.
(3) Conforming repeal.--Section 892 of the National Defense
Authorization Act for Fiscal Year 2017 is repealed.
(h) Repeal of Certain Requirements in Connection With Reliability
of DoD Financial Statements.--Section 1008 of the National Defense
Authorization Act for Fiscal Year 2002 (10 U.S.C. 113 note) is amended
by striking subsections (d), (e), and (f).
SEC. 1003. IMPROPER PAYMENT MATTERS.
Subject to the authority, direction, and control of the Secretary
of Defense, the Under Secretary of Defense (Comptroller) shall take the
following actions:
(1) With regard to estimating improper payments:
(A) Establish and implement key quality assurance
procedures, such as reconciliations, to ensure the completeness
and accuracy of sampled populations.
(B) Revise the procedures for the sampling methodologies of
the Department of Defense so that such procedures--
(i) comply with Office of Management and Budget
guidance and generally accepted statistical standards;
(ii) produce statistically valid improper payment error
rates, statistically valid improper payment dollar
estimates, and appropriate confidence intervals for both;
and
(iii) in meeting clauses (i) and (ii), take into
account the size and complexity of the transactions being
sampled.
(2) With regard to identifying programs susceptible to
significant improper payments, conduct a risk assessment that
complies with the Improper Payments Elimination and Recovery Act of
2010 (Public Law 111-204) and the amendments made by that Act (in
this section collectively referred to as ``IPERA'').
(3) With regard to reducing improper payments, establish
procedures that produce corrective action plans that--
(A) comply fully with IPERA and associated Office of
Management and Budget guidance, including by holding
individuals responsible for implementing corrective actions and
monitoring the status of corrective actions; and
(B) are in accordance with best practices, such as those
recommended by the Chief Financial Officers Council, including
by providing for--
(i) measurement of the progress made toward remediating
root causes of improper payments; and
(ii) communication to the Secretary of Defense and the
heads of departments, agencies, and organizations and
elements of the Department of Defense, and key
stakeholders, on the progress made toward remediating the
root causes of improper payments.
(4) With regard to implementing recovery audits for improper
payments, develop and implement procedures to--
(A) identify costs related to the recovery audits and
recovery efforts of the Department of Defense; and
(B) evaluate improper payment recovery efforts in order to
ensure that they are cost effective.
(5) Monitor the implementation of the revised chapter of the
Financial Management Regulations on recovery audits in order to
ensure that the Department of Defense, the military departments,
the Defense Agencies, and the other organizations and elements of
the Department of Defense either conduct recovery audits or
demonstrate that it is not cost effective to do so.
(6) Develop and submit to the Office of Management and Budget
for approval a payment recapture audit plan that fully complies
with Office of Management and Budget guidance.
(7) With regard to reporting on improper payments, design and
implement procedures to ensure that the annual improper payment and
recovery audit reporting of the Department of Defense is complete,
accurate, and complies with IPERA and associated Office of
Management and Budget guidance.
SEC. 1004. RANKINGS OF AUDITABILITY OF FINANCIAL STATEMENTS OF THE
ORGANIZATIONS AND ELEMENTS OF THE DEPARTMENT OF DEFENSE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall, in coordination with the Under
Secretary of Defense (Comptroller), submit to the congressional defense
committees a report setting forth a ranking of the auditability of the
financial statements of the departments, agencies, organizations, and
elements of the Department of Defense according to the progress made
toward achieving auditability as required by law. The Under Secretary
shall determine the criteria to be used for purposes of the rankings.
SEC. 1005. FINANCIAL OPERATIONS DASHBOARD FOR THE DEPARTMENT OF
DEFENSE.
(a) In General.--The Under Secretary of Defense (Comptroller) shall
develop and maintain on an Internet website available to Department of
Defense agencies a tool (commonly referred to as a ``dashboard)'' to
permit officials to track key indicators of the financial performance
of the Department of Defense. Such key indicators may include
outstanding accounts payable, abnormal accounts payable, outstanding
advances, unmatched disbursements, abnormal undelivered orders,
negative unliquidated obligations, violations of sections 1341 and
1517(a) of title 31, United States Code (commonly referred to as the
``Anti-Deficiency Act''), costs deriving from payment delays, interest
penalty payments, and improper payments, and actual savings realized
through interest payments made, discounts for timely or advanced
payments, and other financial management and improvement initiatives.
(b) Information Covered.--The tool shall cover financial
performance information for the military departments, the defense
agencies, and any other organizations or elements of the Department of
Defense.
(c) Tracking of Performance Over Time.--The tool shall permit the
tracking of financial performance over time, including by month,
quarter, and year, and permit users of the tool to export both current
and historical data on financial performance.
(d) Updates.--The information covered by the tool shall be updated
not less frequently than quarterly.
SEC. 1006. REVIEW AND RECOMMENDATIONS ON EFFORTS TO OBTAIN AUDIT
OPINION ON FULL FINANCIAL STATEMENTS.
(a) In General.--The Secretary of Defense may establish within the
Department of Defense a team of distinguished, private sector experts
with experience conducting financial audits of large public or private
sector organizations to review and make recommendations to improve the
efforts of the Department to obtain an audit opinion on its full
financial statements.
(b) Scope of Activities.--A team established pursuant to subsection
(a) shall--
(1) identify impediments to the progress of the Department in
obtaining an audit opinion on its full financial statements,
including an identification of the organizations or elements that
are lagging in their efforts toward obtaining such audit opinion;
(2) estimate when an audit opinion on the full financial
statements of the Department will be obtained; and
(3) consider mechanisms and incentives to support efficient
achievement by the Department of its audit goals, including
organizational mechanisms to transfer direction and management
control of audit activities from subordinate organizations to the
Office of the Secretary of Defense, individual personnel
incentives, workforce improvements (including in senior leadership
positions), business process, technology, and systems improvements
(including the use of data analytics), and metrics by which the
Secretary and Congress may measure and assess progress toward
achievement of the audit goals of the Department.
(c) Reports.--
(1) Report on establishment of team.--If the Secretary takes
action pursuant to subsection (a), the Secretary shall, not later
than September 30, 2019, submit to the congressional defense
committees a report on the team established pursuant to that
subsection, including a description of the actions taken and to be
taken by the team pursuant to subsection (b).
(2) Report on determination not to establish team.--If as of
June 1, 2019, the Secretary has determined not to establish a team
authorized by subsection (a), the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives on that date a report on the determination,
including an explanation and justification for the determination.
SEC. 1007. NOTIFICATION REQUIREMENT FOR CERTAIN CONTRACTS FOR AUDIT
SERVICES.
(a) Notification to Congress.--If the Under Secretary of Defense
(Comptroller) makes a written finding that a delay in performance of a
covered contract while a protest is pending would hinder the annual
preparation of audited financial statements for the Department of
Defense, and the head of the procuring activity responsible for the
award of the covered contract does not authorize the award of the
contract (pursuant to section 3553(c)(2) of title 31, United States
Code) or the performance of the contract (pursuant to section
3553(d)(3)(C) of such title), the Secretary of Defense shall--
(1) notify the congressional defense committees within 10 days
after such finding is made; and
(2) describe any steps the Department of Defense plans to take
to mitigate any hindrance identified in such finding to the annual
preparation of audited financial statements for the Department.
(b) Covered Contract Defined.--In this section, the term ``covered
contract'' means a contract for services to perform an audit to comply
with the requirements of section 3515 of title 31, United States Code.
Subtitle B--Counterdrug Activities
SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT A 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 1013 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2385), is
further amended--
(1) in subsection (a)(1), by striking ``2019'' and inserting
``2022''; and
(2) in subsection (c), by striking ``2019'' and inserting
``2022''.
SEC. 1012. VENUE FOR PROSECUTION OF MARITIME DRUG TRAFFICKING.
(a) In General.--Section 70504(b) of title 46, United States Code,
is amended to read as follows:
``(b) Venue.--A person violating section 70503 or 70508--
``(1) shall be tried in the district in which such offense was
committed; or
``(2) if the offense was begun or committed upon the high seas,
or elsewhere outside the jurisdiction of any particular State or
district, may be tried in any district.''.
(b) Conforming Amendment.--Section 1009(d) of the Controlled
Substances Import and Export Act (21 U.S.C. 959(d)) is amended--
(1) in the subsection title, by striking ``; Venue''; and
(2) by striking ``Any person who violates this section shall be
tried in the United States district court at the point of entry
where such person enters the United States, or in the United States
District Court for the District of Columbia.''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. NATIONAL DEFENSE SEALIFT FUND.
(a) Fund Purposes; Deposits.--Section 2218 of title 10, United
States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking subparagraph (D); and
(ii) by redesignating subparagraph (E) as subparagraph
(D);
(B) in paragraph (3), by striking ``or (D)''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``and'' after the
semicolon;
(ii) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(iii) by striking subparagraph (D); and
(B) by adding at the end the following new paragraph (4):
``(4) Any other funds made available to the Department of
Defense to carry out any of the purposes described in subsection
(c).''.
(b) Authority to Purchase Used Vessels.--Subsection (f) of such
section is amended by adding at the end the following new paragraph:
``(3)(A) Notwithstanding the limitations under subsection (c)(1)(E)
and paragraph (1), the Secretary of Defense may, as part of a program
to recapitalize the Ready Reserve Force component of the national
defense reserve fleet and the Military Sealift Command surge fleet,
purchase any used vessel, regardless of where such vessel was
constructed if such vessel--
``(i) participated in the Maritime Security Fleet; and
``(ii) is available for purchase at a reasonable cost, as
determined by the Secretary.
``(B) If the Secretary determines that no used vessel meeting the
requirements under clauses (i) and (ii) of subparagraph (A) is
available, the Secretary may purchase a used vessel comparable to a
vessel described in clause (i) of subparagraph (A), regardless of the
source of the vessel or where the vessel was constructed, if such
vessel is available for purchase at a reasonable cost, as determined by
the Secretary.
``(C) The Secretary may not use the authority under this paragraph
to purchase more than two foreign constructed ships.
``(D) The Secretary shall ensure that the initial conversion, or
modernization of any vessel purchased under the authority of
subparagraph (A) occurs in a shipyard located in the United States.
``(E) Not later than 30 days after the purchase of any vessel using
the authority under this paragraph, the Secretary, in consultation with
the Maritime Administrator, shall submit to the congressional defense
committees a report that contains each of the following with respect to
such purchase:
``(i) The date of the purchase.
``(ii) The price at which the vessel was purchased.
``(iii) The anticipated cost of modernization of the vessel.
``(iv) The proposed military utility of the vessel.
``(v) The proposed date on which the vessel will be available
for use by the Ready Reserve.
``(vi) The contracting office responsible for the completion of
the purchase.
``(vii) Certification that--
``(I) there was no vessel available for purchase at a
reasonable price that was constructed in the United States; and
``(II) the used vessel purchased supports the
recapitalization of the Ready Reserve Force component of the
National Defense Reserve Fleet or the Military Sealift Command
surge fleet.''.
(c) Definition of Maritime Security Fleet.--Subsection (k) of such
section is amended by adding at the end the following new paragraph:
``(5) The term `Maritime Security Fleet' means the fleet
established under section 53102(a) of title 46.''.
(d) Budgeting for Construction of Naval Vessels.--Section 231 of
title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``year--'' and inserting ``year each of the
following:'';
(B) in paragraph (1)--
(i) by striking ``a plan'' and inserting ``A plan'';
(ii) by striking ``combatant and support vessels for
the Navy'' and inserting ``naval vessels'';
(iii) by striking the semicolon and inserting ``for
each of the following classes of ships:''; and
(iv) by adding at the end the following new
subparagraphs:
``(A) Combatant and support vessels.
``(B) Auxiliary vessels.''; and
(C) in paragraph (2), by striking ``a certification'' and
inserting ``A certification'';
(2) in subsection (b)(2)--
(A) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively;
(B) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) A detailed program for the construction of auxiliary
vessels for the Navy over the next 30 fiscal years.''; and
(C) in subparagraph (E), as redesignated by subparagraph
(A), by striking ``subparagraph (C)'' and inserting
``subparagraph (D)''; and
(3) in subsection (f), by adding at the end the following new
paragraph:
``(5) The term `auxiliary vessel' means any ship designed to
operate in the open ocean in a variety of sea states to provide
general support to either combatant forces or shore based
establishments.''.
SEC. 1022. USE OF NATIONAL SEA-BASED DETERRENCE FUND FOR MULTIYEAR
PROCUREMENT OF CERTAIN CRITICAL COMPONENTS.
(a) In General.--Subsection (i) of section 2218a of title 10,
United States Code, is amended--
(1) by striking ``the common missile compartment'' each place
it appears and inserting ``critical components''; and
(2) in paragraph (1), by striking ``critical parts, components,
systems, and subsystems'' and inserting ``critical components''.
(b) Definition of Critical Component.--Subsection (k) of such
section is amended by adding at the end the following new paragraph:
``(3) The term `critical component' means any of the following:
``(A) A common missile compartment component.
``(B) A spherical air flask.
``(C) An air induction diesel exhaust valve.
``(D) An auxiliary seawater valve.
``(E) A hovering valve.
``(F) A missile compensation valve.
``(G) A main seawater valve.
``(H) A launch tube.
``(I) A trash disposal unit.
``(J) A logistics escape trunk.
``(K) A torpedo tube.
``(L) A weapons shipping cradle weldment.
``(M) A control surface.
``(N) A launcher component.
``(O) A propulsor.''.
(c) Clerical Amendment.--The subsection heading for subsection (i)
of such section is amended by striking ``of the Common Missile
Compartment''.
SEC. 1023. OPERATIONAL READINESS OF LITTORAL COMBAT SHIPS ON EXTENDED
DEPLOYMENT.
Section 7310(a) of title 10, United States Code, is amended--
(1) by inserting ``Under Jurisdiction of the Secretary of the
Navy'' in the subsection heading after ``Vessels'';
(2) by striking ``A naval vessel (or any other vessel under the
jurisdiction of the Secretary of the Navy)'' and inserting ``(1) A
naval vessel''; and
(3) by adding at the end the following new paragraph:
``(2)(A) Notwithstanding paragraph (1) and subject to subparagraph
(B), in the case of a naval vessel classified as a Littoral Combat Ship
and operating on deployment, corrective and preventive maintenance or
repair (whether intermediate or depot level) and facilities maintenance
may be performed on the vessel--
``(i) in a foreign shipyard;
``(ii) at a facility outside of a foreign shipyard; or
``(iii) at any other facility convenient to the vessel.
``(B)(i) Corrective and preventive maintenance or repair may be
performed on a vessel as described in subparagraph (A) if the work is
performed by United States Government personnel or United States
contractor personnel.
``(ii) Facilities maintenance may be performed by a foreign
contractor on a vessel as described in subparagraph (A) only as
approved by the Secretary of the Navy.
``(C) In this paragraph:
``(i) The term `corrective and preventive maintenance or
repair' means--
``(I) maintenance or repair actions performed as a result
of a failure in order to return or restore equipment to
acceptable performance levels; and
``(II) scheduled maintenance or repair actions to prevent
or discover functional failures.
``(ii) The term `facilities maintenance' means preservation or
corrosion control efforts and cleaning services.
``(D) This paragraph shall expire on September 30, 2020.''.
SEC. 1024. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF
TICONDEROGA-CLASS CRUISERS OR DOCK LANDING SHIPS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for fiscal year
2018 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).
SEC. 1025. POLICY OF THE UNITED STATES ON MINIMUM NUMBER OF BATTLE
FORCE SHIPS.
(a) Policy.--It shall be the policy of the United States to have
available, as soon as practicable, not fewer than 355 battle force
ships, comprised of the optimal mix of platforms, with funding subject
to the availability of appropriations or other funds.
(b) Battle Force Ships Defined.--In this section, the term ``battle
force ship'' has the meaning given the term in Secretary of the Navy
Instruction 5030.8C.
SEC. 1026. SURVEYING SHIPS.
(a) Surveying Ship Requirement.--Not later than 120 days after the
date of the enactment of this Act, the Chief of Naval Operations shall
submit to the congressional defense committees a report setting forth a
force structure assessment that establishes a surveying ship
requirement. The Chief of Naval Operations shall conduct the assessment
for purposes of the report, and may limit the assessment to surveying
ships.
(b) Definitions.--In this section:
(1) The term ``surveying ship'' has the meaning given the term
in Secretary of the Navy Instruction 5030.8C.
(2) The term ``force structure assessment'' has the meaning
given the term in Chief of Naval Operations Instruction 3050.27.
Subtitle D--Counterterrorism
SEC. 1031. MODIFICATION OF AUTHORITY ON SUPPORT OF SPECIAL OPERATIONS
TO COMBAT TERRORISM.
(a) Oversight of Support.--Section 127e of title 10, United States
Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Oversight by ASD for SOLIC.--The Assistant Secretary of
Defense for Special Operations and Low-Intensity Conflict shall have
primary responsibility within the Office of the Secretary of Defense
for oversight of policies and programs for support authorized by this
section.''.
(b) Report Submittal Matters.--Subsection (h) of such section, as
redesignated by subsection (a)(1) of this section, is amended--
(1) in paragraph (1), by striking ``March 1 each year'' and
inserting ``120 days after the last day of each fiscal year''; and
(2) in paragraph (2)--
(A) by striking ``September 1 each year'' and inserting
``six months after the date of the submittal of the report most
recently submitted under paragraph (1)''; and
(B) by inserting ``under this paragraph'' after ``in which
the report''.
SEC. 1032. TERMINATION OF REQUIREMENT TO SUBMIT ANNUAL BUDGET
JUSTIFICATION DISPLAY FOR DEPARTMENT OF DEFENSE COMBATING TERRORISM
PROGRAM.
Section 229 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Termination.--The requirement to submit a budget
justification display under this section shall terminate on December
31, 2020.''.
SEC. 1033. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA TO THE UNITED STATES.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense may be used during the period
beginning on the date of the enactment of this Act and ending on
December 31, 2018, to transfer, release, or assist in the transfer or
release to or within the United States, its territories, or possessions
of Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
SEC. 1034. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED FROM
UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) In General.--No amounts authorized to be appropriated or
otherwise made available 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, 2018, to construct or modify any facility in
the United States, its territories, or possessions to house any
individual detained at Guantanamo for the purposes of detention or
imprisonment in the custody or under the control of the Department of
Defense.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this section,
the term ``individual detained at Guantanamo'' has the meaning given
that term in section 1034(f)(2) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 971; 10 U.S.C.
801 note).
SEC. 1035. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO CERTAIN COUNTRIES.
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, 2018, to transfer, release, or assist in the transfer or
release of any individual detained in the custody or under the control
of the Department of Defense at United States Naval Station, Guantanamo
Bay, Cuba, to the custody or control of any country, or any entity
within such country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
SEC. 1036. PROHIBITION ON USE OF FUNDS TO CLOSE OR RELINQUISH CONTROL
OF UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
None of the funds authorized to be appropriated or otherwise made
available for the Department of Defense for fiscal year 2018 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. 1037. SENSE OF CONGRESS REGARDING PROVIDING FOR TIMELY VICTIM AND
FAMILY TESTIMONY IN MILITARY COMMISSION TRIALS.
It is the sense of Congress that in the interests of justice,
efficiency, and providing closure to victims of terrorism and their
families, military judges overseeing military commissions in United
States Naval Station, Guantanamo Bay, Cuba, should consider making
arrangements to take recorded testimony from victims and their families
should they wish to provide testimony before such a commission.
SEC. 1038. REPORT ON PUBLIC AVAILABILITY OF MILITARY COMMISSIONS
PROCEEDINGS.
(a) GAO Study.--The Comptroller General of the United States shall
conduct a study on the feasibility and advisability of expanding the
public availability of military commissions proceedings that are made
open to the public.
(b) Report to Congress.--
(1) Interim report.--Not later than April 1, 2018, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and of the House of Representatives a report
containing the interim findings of the Comptroller General pursuant
to the study required by subsection (a).
(2) Final report.--Not later than one year after the date of
the enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the Senate and of the House of
Representatives a final report on the findings and recommendations
of the Comptroller General pursuant to such study.
(3) Form of reports.--The reports required by this subsection
shall be submitted in unclassified form, but may contain a
classified annex.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. LIMITATION ON EXPENDITURE OF FUNDS FOR EMERGENCY AND
EXTRAORDINARY EXPENSES FOR INTELLIGENCE AND COUNTER-INTELLIGENCE
ACTIVITIES.
(a) Limitation.--Subsection (c) of section 127 of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(4)(A) Notwithstanding paragraph (1), funds may not be obligated
or expended in an amount in excess of $100,000 under the authority of
subsection (a) or (b) for intelligence or counter-intelligence
activities until the Secretary of Defense has notified the
congressional defense committees and the congressional intelligence
committees of the intent to obligate or expend the funds and 15 days
have elapsed since the date of the notification.
``(B) The Secretary of Defense may waive subparagraph (A) if the
Secretary determines that such a waiver is necessary due to
extraordinary circumstances that affect the national security of the
United States. If the Secretary issues a waiver under this
subparagraph, the Secretary shall submit to the congressional defense
and congressional intelligence committees, by not later than 48 hours
after issuing the waiver, written notice of and justification for the
waiver.''.
(b) Annual Report.--Subsection (d) of such section is amended--
(1) by striking ``Not later'' and inserting ``(1) Not later'';
(2) by striking ``to the congressional defense committees'' and
all that follows through the period at the end and inserting an em
dash; and
(3) by adding at the end the following:
``(A) to the congressional defense committees a report on all
expenditures during the preceding fiscal year under subsections (a)
and (b); and
``(B) to the congressional intelligence committees a report on
expenditures relating to intelligence and counter-intelligence
during the preceding fiscal year under subsections (a) and (b).
``(2) Each report required to be submitted under paragraph (1)
shall include a detailed explanation, by category of activity and
approving authority (the Secretary of Defense, the Inspector General of
the Department of Defense, and the Secretary of a military department),
of the expenditures during the preceding fiscal year.''.
(c) Definition.--Such section is further amended by adding at the
end the following new subsection:
``(e) Definition of Congressional Intelligence Committees.--In this
section, the term `congressional intelligence committees' means the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate.''.
(d) Report on Intelligence and Counter-intelligence Funding
Authorities.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense and intelligence committees a report describing current and, if
necessary, any required, funding authorities to sustain recurring
expenses for intelligence and counter-intelligence activities in lieu
of section 127 of title 10, United States Code. Such report shall
include a description of the potential benefits and negative
consequences of the codification of a distinct authority for such
purposes.
SEC. 1042. MATTERS RELATING TO THE SUBMITTAL OF FUTURE-YEARS DEFENSE
PROGRAMS.
(a) Timing of Submittal to Congress.--Subsection (a) of section 221
of title 10, United States Code, is amended by striking ``at or about
the time that'' and inserting ``not later than five days after the date
on which''.
(b) Manner and Form of Submittal.--Such section is further amended
by adding at the end the following new subsection:
``(d)(1) The Secretary of Defense shall make available to Congress,
the Congressional Budget Office, the Comptroller General of the United
States, and the Congressional Research Service each future-years
defense program under this section as follows:
``(A) By making such program available electronically in the
form of an unclassified electronic database.
``(B) By delivering printed copies of such program to the
congressional defense committees.
``(2) In the event inclusion of classified material in a future-
years defense program would otherwise render the totality of the
program classified for purposes of this subsection--
``(A) such program shall be made available to Congress in
unclassified form, with such material attached as a classified
annex; and
``(B) such annex shall be submitted to the congressional
defense committees, the Congressional Budget Office, the
Comptroller General of the United States, and the Congressional
Research Service.''.
(c) Accuracy of Information.--Such section is further amended by
adding at the end the following new subsection:
``(e) Each future-years defense program under this subsection shall
be accompanied by a certification by the Under Secretary of Defense
(Comptroller), in the case of the Department of Defense, and the
comptroller of each military department, in the case of such military
department, that any information entered into the Standard Data
Collection System of the Department of Defense, the Comptroller
Information System, or any other data system, as applicable, for
purposes of assembling such future-years defense program was
accurate.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply to
future-years defense programs submitted at the time of budgets of the
President for fiscal years beginning after fiscal year 2018.
(e) DoD Guidance.--The Secretary of Defense shall, in coordination
with the Under Secretary of Defense (Comptroller), update Department of
Defense Financial Management Regulation 7000.14-R, and any other
appropriate instructions and guidance, to ensure that the Department of
Defense takes appropriate actions to comply with the amendments made by
this section in the submittal of future-years defense programs in
calendar years after calendar year 2017.
SEC. 1043. MODIFICATIONS TO HUMANITARIAN DEMINING ASSISTANCE
AUTHORITIES.
(a) Modification to the Role of Armed Forces in Providing
Humanitarian Demining Assistance.--Subsection (a)(3) of section 407 of
title 10, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking ``or
stockpiled conventional munitions assistance''; and
(2) in subparagraph (A)--
(A) by inserting ``, unexploded explosive ordnance,'' after
``landmines''; and
(B) by striking ``, or stockpiled conventional munitions,
as applicable''.
(b) Modification to Definition of Humanitarian Demining
Assistance.--Subsection (e)(1) of such section is amended--
(1) by inserting ``, unexploded explosive ordnance,'' after
``landmines'' in each place it appears; and
(2) by striking ``, and the disposal'' and all that follows and
inserting a period.
(c) Modification to Definition of Stockpiled Conventional Munitions
Assistance.--Subsection (e)(2) of such section is amended, in the
second sentence, by striking ``, the detection and clearance of
landmines and other explosive remnants of war,''.
SEC. 1044. PROHIBITION ON CHARGE OF CERTAIN TARIFFS ON AIRCRAFT
TRAVELING THROUGH CHANNEL ROUTES.
(a) In General.--Chapter 157 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2652. Prohibition on charge of certain tariffs on aircraft
traveling through channel routes
``The United States Transportation Command may not charge a tariff
by reason of the use by a military service of an aircraft of that
military service on a route designated by the United States
Transportation Command as a channel route.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2652. Prohibition on charge of certain tariffs on aircraft traveling
through channel routes.''.
SEC. 1045. PROHIBITION ON LOBBYING ACTIVITIES WITH RESPECT TO THE
DEPARTMENT OF DEFENSE BY CERTAIN OFFICERS OF THE ARMED FORCES AND
CIVILIAN EMPLOYEES OF THE DEPARTMENT FOLLOWING SEPARATION FROM MILITARY
SERVICE OR EMPLOYMENT WITH THE DEPARTMENT.
(a) Two-year Prohibition.--
(1) Prohibition.--An individual described in paragraph (2) may
not engage in lobbying activities with respect to the Department of
Defense during the two-year period beginning on the date of
retirement or separation from service in the Armed Forces or the
date of retirement or separation from service with the Department,
as applicable.
(2) Covered individuals.--An individual described in this
paragraph is the following:
(A) An officer of the Armed Forces in grade O-9 or higher
at the time of retirement or separation from the Armed Forces.
(B) A civilian employee of the Department of Defense who
had a civilian grade equivalent to a military grade specified
in subparagraph (A) at the time of the employee's retirement or
separation from service with the Department.
(b) One-year Prohibition.--
(1) Prohibition.--An individual described in paragraph (2) may
not engage in lobbying activities with respect to the Department of
Defense during the one-year period beginning on the date of
retirement or separation from service in the Armed Forces or the
date of retirement or separation from service with the Department,
as applicable.
(2) Covered individuals.--An individual described in this
paragraph is the following:
(A) An officer of the Armed Forces in grade O-7 or O-8 at
the time of retirement or separation from the Armed Forces.
(B) A civilian employee of the Department of Defense who
had a civilian grade equivalent to a military grade specified
in subparagraph (A) at the time of the employee's retirement or
separation from service with the Department.
(c) Definitions.--In this section:
(1) The term ``lobbying activities with respect to the
Department of Defense'' means the following:
(A) Lobbying contacts and other lobbying activities with
covered executive branch officials with respect to the
Department of Defense.
(B) Lobbying contacts with covered executive branch
officials described in subparagraphs (C) through (F) of section
3(3) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(3))
in the Department of Defense.
(2) The terms ``lobbying activities'' and ``lobbying contacts''
have the meaning given such terms in section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602).
(3) The term ``covered executive branch official'' has the
meaning given that term in section 3(3) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1602(3)).
SEC. 1046. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF LEGACY
MARITIME MINE COUNTERMEASURES PLATFORMS.
(a) Prohibition.--Except as provided in subsection (b), the
Secretary of the Navy may not obligate or expend funds to--
(1) retire, prepare to retire, transfer, or place in storage
any AVENGER-class mine countermeasures ship or associated
equipment;
(2) retire, prepare to retire, transfer, or place in storage
any SEA DRAGON (MH-53) helicopter or associated equipment;
(3) make any reductions to manning levels with respect to any
AVENGER-class mine countermeasures ship; or
(4) make any reductions to manning levels with respect to any
SEA DRAGON helicopter squadron or detachment.
(b) Waiver.--The Secretary of the Navy may waive the prohibition
under subsection (a)--
(1) with respect to an AVENGER-class ship or a SEA DRAGON
helicopter, if the Secretary certifies to the congressional defense
committees that the Secretary has--
(A) identified a replacement capability and the necessary
quantity of such systems to meet all combatant commander mine
countermeasures operational requirements that are currently
being met by the ship or helicopter to be retired, transferred,
or placed in storage;
(B) achieved initial operational capability of all systems
described in subparagraph (A); and
(C) deployed a sufficient quantity of systems described in
subparagraph (A) that have achieved initial operational
capability to continue to meet or exceed all combatant
commander mine countermeasures operational requirements
currently being met by the ship or helicopter to be retired,
transferred, or placed in storage; or
(2) with respect to a SEA DRAGON helicopter, if the Secretary
certifies to such committees that the Secretary has determined, on
a case-by-case basis, that such a helicopter is non-operational
because of a mishap or other damage or because it is uneconomical
to repair.
SEC. 1047. REPORT ON WESTERN PACIFIC OCEAN SHIP DEPOT MAINTENANCE
CAPABILITY AND CAPACITY.
(a) Limitation of Use of Funds.--Not more than 75 percent of the
amount authorized to be appropriated by this Act for Secretary of the
Navy for emergency and extraordinary expenses may be obligated or
expended before the date on which the report required by subsection (b)
is submitted to the congressional defense committees.
(b) Report Required.--
(1) In general.--The Secretary of the Navy shall submit to the
congressional defense committees a report on the ship depot
maintenance capability and capacity required for Navy ships
operating in the western Pacific Ocean. The report shall include
each of the following:
(A) An analysis of the requirements relating to Navy ship
depot maintenance during peacetime and in response to the most
likely, stressing, and dangerous contingency scenarios.
(B) A description of the extent to which the existing Navy
ship depot capacity can meet the requirements described in
subparagraph (A).
(C) A description of any specific shortfalls in such
capability or capacity with respect to meeting such
requirements.
(D) An analysis of options to address any shortfalls
described in subparagraph (C).
(2) Form of report.--The report required under this subsection
shall be submitted in unclassified form, but may contain a
classified annex.
(c) Certification Required.--Not later than 90 days after the
submittal of the report required by subsection (b), the Secretary of
Defense shall submit to the congressional defense committees a
certification--
(1) that the current ship depot maintenance capability and
capacity, including drydocks, in the western Pacific Ocean are
sufficient to meet peacetime and contingency requirements; or
(2) certification that such capability and capacity are not
sufficient and a description of the options being pursued to
address areas of insufficiency.
(d) Business Case Analysis Required.--
(1) In general.--Not later than September 30, 2018, the
Secretary of the Navy shall submit to the congressional defense
committees a business case analysis of the options described in
paragraph (2) that includes the analysis described in paragraph
(3).
(2) Options to be included.--The business case analysis
required by paragraph (1) shall cover options that could increase
the Navy depot-level ship repair capacity and capabilities in the
western Pacific Ocean, including the following four courses of
action:
(A) Enhancing current maintenance capability and capacity
by repairing Lima Wharf, United States Naval Base, Guam.
(B) Adding drydock capability and capacity with associated
facilities for conventionally-powered ships.
(C) Adding drydock capability and capacity with associated
facilities for nuclear-powered submarines.
(D) Maintaining the status quo with respect to the ship
repair capabilities and capacity in the western Pacific Ocean.
(3) Analysis of options.--For each course of action listed in
paragraph (2), the Secretary shall include an analysis of the
following:
(A) Any additional maintenance actions that would be
possible with respect to the course of action and estimated use
during peacetime and during the most likely, stressing and
dangerous contingency operations.
(B) Any additional infrastructure, including facilities and
equipment, that would be necessary to carry out the course of
action.
(C) The military, civilian, and contractor personnel
requirements to reach full operational capability with respect
to the course of action, including personnel to be assigned on
both a temporary and permanent basis.
(D) A description of how the course of action would improve
materiel readiness and operational availability of ships
operating in the Pacific.
(E) The estimated cost and schedule to implement the course
of action, including detailed estimates for major cost
elements.
(F) In the case of a course of action described in
subparagraph (B) or (C) of paragraph (2), an evaluation of
acquisition strategies (including procurement, leasing, public-
private partnerships, and enhanced use leases) and an
identification of the desired ship tonnage each drydock would
be able to accommodate.
SEC. 1048. ANNUAL TRAINING REGARDING THE INFLUENCE CAMPAIGN OF THE
RUSSIAN FEDERATION.
In addition to any currently mandated training, the Secretary of
Defense may furnish annual training to all members of the Armed Forces
and all civilian employees of the Department of Defense, regarding
attempts by the Russian Federation and its proxies and agents to
influence and recruit members of the Armed Forces as part of its
influence campaign.
SEC. 1049. WORKFORCE ISSUES FOR MILITARY REALIGNMENTS IN THE PACIFIC.
(a) In General.--Section 6(b) of the Joint Resolution entitled ``A
Joint Resolution to approve the `Covenant To Establish a Commonwealth
of the Northern Mariana Islands in Political Union With the United
States of America', and for other purposes'', approved March 24, 1976
(48 U.S.C. 1806(b)) is amended to read as follows:
``(b) Numerical Limitations for Nonimmigrant Workers.--
``(1) In general.--
``(A) Nonimmigrant workers generally.--An alien, if
otherwise qualified, may seek admission to Guam or to the
Commonwealth during the transition program as a nonimmigrant
worker under section 101(a)(15)(H) of the Immigration and
Nationality Act (8 USC 1101(a)(15)(H)) without counting against
the numerical limitations set forth in section 214(g) of such
Act (8 USC 1184(g)).
``(B) H-2B workers.--In the case of such an alien who seeks
admission under section 101(a)(15)(H)(ii)(b) of such Act, such
alien, if otherwise qualified, may, before October 1, 2023, be
admitted under such section for a period of up to 3 years to
perform service or labor on Guam or the Commonwealth pursuant
to any agreement entered into by a prime contractor or
subcontractor calling for services or labor required for
performance of a contact or subcontract for construction,
repairs, renovations, or facility services that is directly
connected to, or associated with, the military realignment
occurring on Guam and the Commonwealth, notwithstanding the
requirement of such section that the service or labor be
temporary.
``(2) Limitations.--
``(A) Numerical limitation.--For any fiscal year, not more
4,000 aliens may be admitted to Guam and the Commonwealth
pursuant to paragraph (1)(B).
``(B) Location.--Paragraph (1)(B) does not apply with
respect to the performance of services or labor at a location
other than Guam or the Commonwealth.''.
(b) Certification Required.--Upon conclusion of all required
agreements between the Secretary of Defense and the heads of relevant
Federal agencies, the Commonwealth of the Northern Mariana Islands
(including the Commonwealth Port Authority), and local agencies to
support the required construction and operation of the divert
activities and exercises program of the Air Force in the Commonwealth
of the Northern Mariana Islands and the Commonwealth of the Northern
Mariana Islands joint military training program of the Marine Corps,
the Secretary shall submit to the congressional defense committees
certification of such conclusion and a report describing such
agreements.
(c) Effective Dates.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply as
follows:
(1) In the case of services or labor to be performed on Guam,
such amendment shall apply beginning on the date that is 120 days
after the date of the enactment of this Act.
(2) In the case of services or labor to be performed on the
Common Wealth of the Northern Mariana Islands, such amendment shall
apply beginning on the later of--
(A) the date that is 120 days after the date of the
submittal of the certification and report required under
subsection (b); or
(B) the date on which the transition program ends under
section 6(a)(2) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant To Establish a Commonwealth
of the Northern Mariana Islands in Political Union With the
United States of America', and for other purposes'', approved
March 24, 1976 (48 U.S.C. 1806(a)(2)).
Subtitle F--Studies and Reports
SEC. 1051. ELIMINATION OF REPORTING REQUIREMENTS TERMINATED AFTER
NOVEMBER 25, 2017, PURSUANT TO SECTION 1080 OF THE NATIONAL DEFENSE
AUTHORIZATION ACT FOR FISCAL YEAR 2016.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 113 reports.--
(A) Reserve forces policy board report.--Section 113(c) is
amended--
(i) by striking paragraph (2);
(ii) by striking ``(1)'' after ``(c)''; and
(iii) by redesignating subparagraphs (A), (B), and (C)
as paragraphs (1), (2), and (3), respectively.
(B) Total force management report.--Section 113 is amended
by striking subsection (l).
(2) Diversity in military leadership report.--Section 115a(g)
is amended by striking ``during fiscal years 2013 through 2017''.
(3) Defense industrial security report.--Section 428 is amended
by striking subsection (f).
(4) Military musical units gift report.--Section 974(d) is
amended by striking paragraph (3).
(5) Health protection quality report.--Section 1073b is
amended--
(A) by striking subsection (a); and
(B) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(6) Master plans for reductions in civilian positions.--
(A) In general.--Section 1597 is amended--
(i) by striking subsection (c);
(ii) by striking subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively; and
(iii) in subsection (c), as redesignated, by striking
``or a master plan prepared under subsection (c)''.
(B) Conforming amendments.--Section 129a(d) is amended--
(i) by striking paragraphs (1) and (2); and
(ii) by redesignating paragraphs (3) and (4) as
paragraphs (1) and (2), respectively.
(7) Acquisition workforce development fund report.--Section
1705 is amended--
(A) in subsection (e)(1), by striking ``subsection (h)(2)''
and inserting ``subsection (g)(2)'';
(B) by striking subsection (f); and
(C) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(8) Acquisition corps report.--Section 1722b is amended by
striking subsection (c).
(9) Military family readiness report.--Section 1781b is amended
by striking subsection (d).
(10) Professional military education report.--
(A) Elimination.--Section 2157 is repealed.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 107 is amended by striking the item
relating to section 2157.
(11) Department of defense conferences fee-collection report.--
Section 2262 is amended by striking subsection (d).
(12) United states contributions to nato common-funded budgets
report.--Section 2263 is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b).
(13) Foreign counter-space programs report.--
(A) Elimination.--Section 2277 is repealed.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 135 is amended by striking the item
relating to section 2277.
(14) Use of multiyear contracts report.--Section 2306b(l)(4) is
amended by striking ``Not later than'' and all that follows through
the colon and inserting the following: ``Each report required by
paragraph (5) with respect to a contract (or contract extension)
shall contain the following:''.
(15) Burden sharing contributions report.--Section 2350j is
amended by striking subsection (f).
(16) Contract prohibition waiver report.--Section 2410i(c) is
amended by striking the second sentence.
(17) Strategic sourcing plan of action report.--Subsection (a)
of section 2475 is amended to read as follows:
``(a) Strategic Sourcing Plan of Action Defined.--In this section,
the term `Strategic Sourcing Plan of Action' means a Strategic Sourcing
Plan of Action for the Department of Defense (as identified in the
Department of Defense Interim Guidance dated February 29, 2000, or any
successor Department of Defense guidance or directive) in effect for a
fiscal year.''.
(18) Technology and industrial base policy guidance report.--
Section 2506 is amended--
(A) by striking subsection (b); and
(B) in subsection (a), by striking ``Such guidance'' and
inserting the following:
``(b) Purpose of Guidance.--The guidance prescribed pursuant to
subsection (a)''.
(19) Foreign-controlled contractors report.--Section 2537 is
amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b).
(20) Support for sporting events report.--Section 2564 is
amended--
(A) in subsection (b)(3), by striking ``section 377'' and
inserting ``section 277'';
(B) by striking subsection (e);
(C) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively; and
(D) in subsection (e), as so redesignated, by ``striking
sections 375 and 376'' and inserting ``sections 275 and 276''.
(21) General and flag officer quarters report.--Section 2831 is
amended--
(A) by striking subsection (e);
(B) by redesignating subsection (f) as subsection (e); and
(C) in subsection (e), as so redesignated--
(i) by striking ``(1) Except as provided in paragraphs
(2) and (3), the Secretary'' and inserting ``The
Secretary'';
(ii) by striking paragraphs (2) and (3); and
(iii) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(22) Military installations vulnerability assessment reports.--
Section 2859 is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(23) Industrial facility investment program construction
report.--Section 2861 is amended by striking subsection (d).
(24) Statement of amounts available for water conservation at
military installations.--Section 2866(b) is amended by striking
paragraph (3).
(25) Acquisition or construction of military unaccompanied
housing pilot projects report.--Section 2881a is amended by
striking subsection (e).
(26) Statement of amounts available from energy cost savings.--
Section 2912 is amended by striking subsection (d).
(27) Army training report.--
(A) Elimination.--Section 4316 is repealed.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 401 is amended by striking the item
relating to section 4316.
(28) State of the army reserve report.--Section 3038(f) is
amended--
(A) by striking ``(1)'' before ``The''; and
(B) by striking paragraph (2).
(29) State of the marine corps reserve report.--Section 5144(d)
is amended--
(A) by striking ``(1)'' before ``The''; and
(B) by striking paragraph (2).
(30) State of the air force reserve report.--Section 8038(f) is
amended--
(A) by striking ``(1)'' before ``The''; and
(B) by striking paragraph (2).
(b) Department of Defense Authorization Act, 1985.--Section 1003 of
the Department of Defense Authorization Act, 1985 (Public Law 98-525;
22 U.S.C. 1928 note), relating to an annual report on allied
contributions to the common defense, is amended by striking subsections
(c) and (d).
(c) National Defense Authorization Act, Fiscal Year 1989.--Section
1009 of the National Defense Authorization Act, Fiscal Year 1989
(Public Law 100-456; 22 U.S.C. 1928 note), relating to an annual report
on the official development assistance program of Japan, is amended by
striking subsection (b).
(d) National Defense Authorization Act for Fiscal Year 1991.--
Section 1518 of the Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 24 U.S.C. 418), relating to reports on the results
of inspection of Armed Forces Retirement Homes, is amended--
(1) in subsection (c)(1), by striking ``Congress and''; and
(2) in subsection (e)--
(A) by striking paragraph (2);
(B) by striking ``(1)'' before ``Not later''; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(e) National Defense Authorization Act for Fiscal Years 1992 and
1993.--Section 1046 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 22 U.S.C. 1928 note),
relating to an annual report on defense cost-sharing, is amended by
striking subsections (e) and (f).
(f) National Defense Authorization Act for Fiscal Year 1994.--
Section 1603 of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 22 U.S.C. 2751 note), relating to an annual
report on counterproliferation policy and programs of the United
States, is amended by striking subsection (d).
(g) National Defense Authorization Act for Fiscal Year 1995.--
Section 533 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 10 U.S.C. 113 note), relating to an annual
report on personnel readiness factors by race and gender, is repealed.
(h) National Defense Authorization Act for Fiscal Year 2000.--
Section 366 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65; 10 U.S.C. 113 note), relating to an annual
report on spare parts, logistics, and sustainment standards, is amended
by striking subsection (f).
(i) National Defense Authorization Act for Fiscal Year 2002.--The
National Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107) is amended as follows:
(1) Army workload and performance system report.--Section 346
(115 Stat. 1062) is amended--
(A) by striking subsections (b) and (c); and
(B) by redesignating subsection (d) as subsection (b).
(2) Reliability of financial statements report.--Section
1008(d) (10 U.S.C. 113 note) is amended--
(A) by striking ``(1)'' before ``On each''; and
(B) by striking paragraph (2).
(j) National Defense Authorization Act for Fiscal Year 2003.--
Section 817 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2306a note), relating
to an annual report on commercial item and exceptional case exceptions
and waivers, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
(k) National Defense Authorization Act for 2006.--The National
Defense Authorization Act for 2006 (Public Law 109-163) is amended as
follows:
(1) Notification of adjustment in limitation amount for next-
generation destroyer program.--Section 123 (119 Stat. 3156) is
amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d).
(2) Certification of budgets for joint tactical radio system
report.--Section 218(c) (119 Stat. 3171) is amended by striking
paragraph (3).
(3) Department of defense costs to carry out united nations
resolutions report.--Section 1224 (10 U.S.C. 113 note) is repealed.
(l) National Defense Authorization Act for Fiscal Year 2007.--
Section 357(b) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 22 U.S.C. 4865 note),
relating to an annual report on Department of Defense overseas
personnel subject to chief of mission authority, is amended by striking
``shall submit to the congressional defense committees'' and inserting
``shall prepare''.
(m) National Defense Authorization Act for Fiscal Year 2008.--The
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) is amended as follows:
(1) Army industrial facilities cooperative activities report.--
Section 328 (10 U.S.C. 4544 note) is amended by striking subsection
(b).
(2) Army product improvement report.--Section 330 (122 Stat.
68) is amended by striking subsection (e).
(n) National Defense Authorization Act for Fiscal Year 2009.--The
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417) is amended as follows:
(1) Support for non-conventional assisted recovery activities
report.--Section 943 (122 Stat. 4578) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f), (g), and (h) as
subsections (e), (f), and (g), respectively.
(2) Reimbursement of navy mess expenses report.--Section 1014
(122 Stat. 4585) is amended by striking subsection (c).
(3) Electromagnetic pulse attack report.--Section 1048 (122
Stat. 4603) is repealed.
(o) National Defense Authorization Act for Fiscal Year 2010.--
Section 121 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2211) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(p) National Defense Authorization Act for Fiscal Year 2011.--The
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383) is amended as follows:
(1) Navy airborne signals intelligence, surveillance, and
reconnaissance capabilities report.--Section 112(b) (124 Stat.
4153) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraph (4) as paragraph (3).
(2) Inclusion of technology protection features during research
and development of defense systems report.--Section 243 (10 U.S.C.
2358 note) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(3) Acquisition of military purpose nondevelopmental items
report.--Section 866(d) (10 U.S.C. 2302 note) is amended--
(A) by striking ``(d) Reports.--'' and all that follows
through ``(2) Program assessment.--If the Secretary'' and
inserting the following:
``(d) Program Assessment.--If the Secretary''; and
(B) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively, and indenting the
left margin of such paragraphs, as so redesignated, two ems
from the left margin.
(4) Nuclear triad report.--Section 1054 (10 U.S.C. 113 note) is
repealed.
(q) National Defense Authorization Act for Fiscal Year 2012.--The
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81) is amended as follows:
(1) Performance management system and appointment procedures
report.--Section 1102 (5 U.S.C. 9902 note) is amended by striking
subsection (b).
(2) Global security contingency fund report.--Section 1207 (22
U.S.C. 2151 note) is amended--
(A) by striking subsection (n); and
(B) by redesignating subsections (o) and (p) as subsections
(n) and (o).
(3) Data servers and centers cost savings report.--Section 2867
(10 U.S.C. 2223a note) is amended by striking subsection (d).
(r) National Defense Authorization Act for Fiscal Year 2013.--The
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239) is amended as follows:
(1) F-22A raptor modernization program report.--Section 144
(126 Stat. 1663) is amended by striking subsection (c).
(2) TRICARE mail-order pharmacy program report.--Section 716
(10 U.S.C. 1074g note) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f).
(3) Warriors in transition programs report.--Section 738 (10
U.S.C. 1071 note) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e).
(4) Use of indemnification agreements report.--Section 865 (126
Stat. 1861) is repealed.
(5) Counter space technology report.--Section 917 (126 Stat.
1878) is repealed.
(6) Imagery intelligence and geospatial information support
report.--Section 921 (126 Stat. 1878) is amended by striking
subsection (c).
(7) Computer network operations coordination report.--Section
1079 (10 U.S.C. 221 note) is amended by striking subsection (c).
(8) Updates of activities of office of security cooperation in
iraq report.--Section 1211(d) (126 Stat. 1983) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraph (4) as paragraph (3).
(9) United states participation in the atares program report.--
Section 1276 (10 U.S.C. 2350c note) is amended--
(A) by striking subsections (e) and (f); and
(B) by redesignating subsection (g) as subsection (e).
(s) National Defense Authorization Act for Fiscal Year 2014.--The
National Defense Authorization Act for Fiscal Year 2014 (Public Law
113-66) is amended as follows:
(1) Modernizing personnel security strategy metrics report.--
Section 907(c)(3) (10 U.S.C. 1564 note) is amended--
(A) by striking ``(A) Metrics required.--In'' and inserting
``In''; and
(B) by striking subparagraph (B).
(2) Defense clandestine service report.--Section 923 (10 U.S.C.
prec. 421 note) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c), (d), and (e) as
subsection (b), (c), and (d), respectively.
(3) International agreements relating to dod report.--Section
1249 (127 Stat. 925) is repealed.
(4) Small business growth report.--Section 1611 (127 Stat. 946)
is amended by striking subsection (d).
(t) National Defense Authorization Act for Fiscal Year 2015.--The
Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291) is amended as follows:
(1) Assignment of private sector personnel to defense advanced
research projects agency report.--Section 232 (10 U.S.C. 2358 note)
is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(2) Government lodging program report.--Section 914 (5 U.S.C.
5911 note) is amended by striking subsection (d).
(3) DOD response to compromises of classified information
report.--Section 1052 (128 Stat. 3497) is repealed.
(4) Personnel protection and personnel survivability equipment
loan report.--Section 1207 (10 U.S.C. 2342 note) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
(5) DOD assistance to counter isis report.--Section 1236 (128
Stat. 3558) is amended by striking subsection (d).
(6) Cooperative threat reduction program use of contributions
report.--Section 1325 (50 U.S.C. 3715) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(7) Cooperative threat reduction program facilities
certification report.--Section 1341 (50 U.S.C. 3741) is repealed.
(8) Cooperative threat reduction program project category
report.--Section 1342 (50 U.S.C. 3742) is repealed.
(9) Statement on allocation of funds for space security and
defense program.--Section 1607 (128 Stat. 3625) is amended--
(A) by striking ``(a) Allocation of Funds.--'';
(B) by striking subsections (b), (c), and (d); and
(C) by adding at the end the following new sentence: ``This
requirement shall terminate on December 19, 2019.''.
(u) Preservation of Certain Additional Reports.--Effective as of
December 23, 2016, and as if included therein as enacted, section
1061(c) of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) is amended as follows:
(1) National guard bureau report.--By inserting after paragraph
(63) the following new paragraph:
``(64) Section 10504(b).''.
(2) Report on procurement of contract services.--By inserting
after paragraph (64), as added by paragraph (1), the following new
paragraph:
``(65) Section 235.''.
(3) Annual defense manpower requirements report.--By inserting
after paragraph (65), as added by paragraph (2), the following new
paragraph:
``(66) Section 115a.''.
(4) STARBASE program report.--By inserting after paragraph
(66), as added by paragraph (3), the following new paragraph:
``(67) Section 2193b(g).''.
(v) Preservation of Vetted Syrian Opposition Report.--Effective as
of December 23, 2016, and as if included therein as enacted, section
1061(d) of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) is amended by adding at the end the following new
paragraph:
``(18) Section 1209(d) (128 Stat. 3542).''.
(w) Preservation of Reports Required by Other Laws.--Effective as
of December 23, 2016, and as if included therein as enacted, section
1061(i) of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) is amended as follows:
(1) National guard youth challenge report.--By adding at the
end the following new paragraph:
``(34) Section 509(k) of title 32, United States Code.''.
(2) Annual report on support to law enforcement agencies
conducting counter-terrorism activities.--By inserting after
paragraph (34), as added by paragraph (1), the following new
paragraph:
``(35) Section 1022(c) of the National Defense Authorization
Act for 2004 (Public Law 108-136; 10 U.S.C. 371 note).''.
(x) Termination of Certain Additional Reports.--Effective on
December 31, 2021, the reports required under the following provisions
of title 10, United States Code, shall no longer be required to be
submitted to Congress:
(1) Section 113(c)(1).
(2) Section 113(e).
(3) Section 116.
(4) Section 2432.
(y) Report to Congress.--Not later than February 1, 2018, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report that includes the
following:
(1) A list of all reports required to be submitted to Congress
by the Department of Defense, or any officer, official, component,
or element of the Department, from any source of law other than an
annual national defense authorization Act as of April 1, 2015.
(2) For each report included on the list under paragraph (1), a
citation to the provision of law under which the report is required
to be submitted.
(z) Effective Date.--Except as provided in subsections (u), (v),
and (w) the amendments made by this section shall take effect on the
later of--
(1) the date of the enactment of this Act; or
(2) November 25, 2017.
SEC. 1052. REPORT ON TRANSFER OF DEFENSE ARTICLES TO UNITS COMMITTING
GROSS VIOLATIONS OF HUMAN RIGHTS.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate committees of
Congress a report on the transfer of defense articles to units
committing gross violations of human rights.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) A description of the current laws, guidance, and policies,
if any, for Department of Defense personnel to monitor and report
the transfer of defense articles, provided to the government of a
foreign state pursuant to a Department of Defense assistance
authority, that have subsequently been provided by that government
to a unit of that foreign state that is prohibited from receiving
assistance from the United States by reason of a determination by
the Secretary of State that there is credible evidence that such
unit has committed a gross violation of human rights.
(2) A description of any confirmed instances since January 1,
2016, in which the government of a foreign state that has received
defense articles pursuant to a Department of Defense assistance
authority has subsequently transferred the equipment to a unit of
that foreign state that is prohibited from receiving assistance
from the United States by reason of a determination by the
Secretary of State that there is credible evidence that such unit
has committed a gross violation of human rights.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' 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. 1053. REPORT ON THE NATIONAL BIODEFENSE ANALYSIS AND
COUNTERMEASURES CENTER.
(a) Report.--Not later than March 1, 2018, the Secretary of
Homeland Security and the Secretary of Defense shall submit to the
appropriate congressional committees a report, prepared in consultation
with the officials listed in subsection (b), on the National Biodefense
Analysis and Countermeasures Center (referred to in this section as the
``NBACC''). Such report shall contain the following information:
(1) The functions of the NBACC.
(2) The end users of the NBACC, including those whose assets
may be managed by other agencies.
(3) The cost and mission impact for each user identified under
paragraph (2) of any potential closure of the NBACC, including an
analysis of the functions of the NBACC that cannot be replicated by
other departments and agencies of the Federal Government.
(4) In the case of closure of the NBACC, a transition plan for
any essential functions currently performed by the NBACC to ensure
mission continuity, including the storage of samples needed for
ongoing criminal cases.
(b) Consultation.--The officials listed in this subsection are the
following:
(1) The Secretary of Homeland Security.
(2) The Director of the Federal Bureau of Investigation.
(3) The Attorney General.
(4) The Director of National Intelligence.
(5) As determined by the Secretary of Homeland Security, the
leaders of other offices that use the NBACC.
(c) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(d) Limitation.--None of the funds authorized to be appropriated in
this Act may be used to support the closure or transfer of the NBACC
until--
(1) the report required by subsection (a) has been submitted;
and
(2) the heads of the Federal agencies that use the NBACC
jointly provide to the appropriate congressional committees
certification that the closure or transfer of the NBACC would not
have a negative effect on biological defense capabilities.
(e) Appropriate Congressional Committees Defined.--For purposes of
this section, the term ``appropriate congressional committees'' means
the Committees on Appropriations of the Senate and the House of
Representatives, the Committees on Armed Services of the Senate and the
House of Representatives, the Committee on Homeland Security of the
House of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committees on Judiciary of the
Senate and the House of Representatives, the Committee on Oversight and
Government Reform of the House of Representatives, the Permanent Select
Committee on Intelligence of the House of Representatives, and the
Select Committee on Intelligence of the Senate.
SEC. 1054. REPORT ON DEPARTMENT OF DEFENSE ARCTIC CAPABILITY AND
RESOURCE GAPS AND REQUIRED INFRASTRUCTURE.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth--
(1) necessary steps the Department of Defense is undertaking to
resolve Arctic security capability and resource gaps; and
(2) the requirements and investment plans for military
infrastructure required to protect United States national security
interests in the Arctic region.
(b) Elements.--The report under subsection (a) shall include an
analysis of each of the following:
(1) The infrastructure needed to ensure national security in
the Arctic region.
(2) Any shortfalls in observation, remote sensing capabilities,
ice prediction, and weather forecasting, including an analysis of--
(A) the readiness challenges posed by a changing Arctic
region; and
(B) changes to the Arctic region that affect existing
military infrastructure.
(3) Any shortfalls of the Department in navigational aids.
(4) Any additional, necessary high-latitude electronic and
communications infrastructure requirements.
(5) Any gaps in intelligence, surveillance, and reconnaissance
coverage and recommendations for additional intelligence,
surveillance, and reconnaissance capabilities.
(6) Any shortfalls in personnel recovery capabilities.
(7) United States national security interests in the Arctic
region, including strategic national assets, United States
citizens, territory, freedom of navigation, and economic and trade
interests in the region.
(8) United States military capabilities needed for operations
in Arctic terrain, including types of forces, major weapon systems,
and logistics required for operations in such terrain.
(9) The installations, infrastructure, and deep water ports for
deployment of assets required to support operations in the Arctic
region, including the stationing, deployment, and training of
military forces for operations in the region.
(10) Any additional capabilities the Secretary determines
should be incorporated into future Navy surface combatants.
(c) Form of Report.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1055. REVIEW AND ASSESSMENT OF DEPARTMENT OF DEFENSE PERSONNEL
RECOVERY AND NONCONVENTIONAL ASSISTED RECOVERY MECHANISMS.
(a) In General.--Not later than March 1, 2018, the Secretary of
Defense shall submit to the congressional defense committees a review
and assessment of personnel recovery and nonconventional assisted
recovery programs, authorities, and policies.
(b) Elements.--The assessment required under subsection (a) shall
include each of the following elements:
(1) An overall strategy defining personnel recovery and
nonconventional assisted recovery programs and activities,
including how such programs and activities support the requirements
of the geographic combatant commanders.
(2) A comprehensive review and assessment of statutory
authorities, policies, and interagency coordination mechanisms,
including limitations and shortfalls, for personnel recovery and
nonconventional assisted recovery programs and activities.
(3) A comprehensive description of current validated
requirements and anticipated future personnel recovery and
nonconventional assisted recovery requirements across the future
years defense program, as validated by the Joint Staff.
(4) An overview of validated current and expected future force
structure requirements necessary to meet near-,
mid-, and long-term personnel recovery and nonconventional assisted
recovery programs and activities of the geographic combatant
commanders.
(5) Any other matters the Secretary considers appropriate.
(c) Form of Assessment.--The assessment required under subsection
(a) shall be submitted in unclassified form, but may include a
classified annex.
(d) Comptroller General Review.--Not later than 90 days after the
date on which the assessment required under subsection (a) is
submitted, the Comptroller General of the United States shall submit to
the congressional defense committees a review of such assessment.
SEC. 1056. MINE WARFARE READINESS INSPECTION PLAN AND REPORT.
(a) Inspection Plan.--Not later than one year after the date of the
enactment of this subsection, the Chief of Naval Operations, in
consultation with the Combatant Commanders, shall submit a plan for
inspections of each unit and organization tasked with delivering
operational capability, missions and mission essential tasks,
functions, supporting roles, organization, manning, training, and
materiel for naval mine warfare. At a minimum, inspected units and
organizations shall include those required in the Joint Strategic
Capabilities Plan and those assigned in the Forces For Unified Commands
document or have the potential to support, by deployment or otherwise,
a directed Operation Plan, Concept Plan, contingency operation,
homeland security operation, or Defense Support of Civil Authorities
requirements for naval offensive or defensive mine warfare.
(b) Criteria.--This inspection plan shall propose methods to
analytically assess, evaluate, improve and assure mission readiness of
each unit or organization with required operational capabilities for
naval mine warfare. Inspection shall include--
(1) an assessment or verification of material condition;
(2) unit wide training and personnel readiness as measured by
established tasks, conditions and standards that demonstrate the
unit readiness to perform their wartime or homeland defense
mission;
(3) force through unit level training;
(4) readiness to support multi-echelon, joint service mine
warfare operations as part of an offensive, defensive mining or
mine countermeasures task;
(5) readiness to support combatant commander campaign plans,
operational plan, concept plan, or the Joint Strategic Capabilities
Plan;
(6) required operational capability;
(7) inspection and reinspection process; and
(8) inspection periodicy.
(c) Applicability.--The inspection requirements under this
subsection apply to the following units and organizations:
(1) Surface MCM vessels or vessels performing MCM tasks.
(2) Airborne MCM squadrons.
(3) Mobile mine assembly groups and mobile mine assembly units.
(4) Fleet patrol squadrons with mine laying capabilities.
(5) LCS and LCS MCM mission modules upon reaching IOC.
(6) Mine countermeasures squadrons.
(7) Units exercising command and control over MIW forces.
(8) MCM operational support ships.
(9) Attack and guided missile submarines with mine laying
capabilities.
(10) Magnetic and acoustic silencing facilities.
(11) EOD MCM or VSW Companies and Platoons.
(12) SEAL (ESG / CSG) USMC units with VSW capability.
(d) Certification.--The Chief of Naval Operations shall submit to
the Secretary of Defense, the Combatant Commanders, the Chairman of the
Joint Chiefs of Staff and to Congress a report on the program under
this subsection. The report shall contain a classified section which
addresses capability and capacity to meet JSCP, OPLAN, CONPLAN and
contingency requirements and unclassified section with general summary
and readiness trends.
(e) Conforming Repeal.--Section 1090 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) is repealed.
SEC. 1057. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION WITH
UNITED STATES MILITARY OPERATIONS.
(a) Annual Report Required.--Not later than May 1 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on civilian casualties caused as a result of United
States military operations during the preceding year.
(b) Elements.--Each report under subsection (a) shall set forth the
following:
(1) A list of all the United States military operations during
the year covered by such report that were confirmed, or reasonably
suspected, to have resulted in civilian casualties.
(2) For each military operation listed pursuant to paragraph
(1), each of the following:
(A) The date.
(B) The location.
(C) An identification of whether the operation occurred
inside or outside of a declared theater of active armed
conflict.
(D) The type of operation.
(E) An assessment of the number of civilian and enemy
combatant casualties.
(3) A description of the process by which the Department of
Defense investigates allegations of civilian casualties resulting
from United States military operations.
(4) A description of steps taken by the Department to mitigate
harm to civilians in conducting such operations.
(5) Any other matters the Secretary of Defense determines are
relevant.
(c) Use of Sources.--In preparing a report under this section, the
Secretary of Defense shall take into account relevant and credible all-
source reporting, including information from public reports and
nongovernmental sources.
(d) Form.--Each report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(e) Sunset.--The requirement to submit a report under subsection
(a) shall expire on the date that is five years after the date of the
enactment of this Act.
SEC. 1058. REPORT ON JOINT PACIFIC ALASKA RANGE COMPLEX MODERNIZATION.
(a) Report Required.--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 regarding proposed
improvements to the Joint Pacific Alaska Range Complex.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An analysis of existing Joint Pacific Alaska Range Complex
infrastructure.
(2) A summary of improvements to the range infrastructure the
Secretary determines are necessary--
(A) for fifth generation fighters to train at maximum
potential; and
(B) to provide a realistic air warfare environment versus a
near-peer adversary for--
(i) four squadrons of fifth generation fighters;
(ii) annual Red Flag-Alaska exercises; and
(iii) biannual Operation Northern Edge exercises.
SEC. 1059. REPORT ON ALTERNATIVES TO AQUEOUS FILM FORMING FOAM.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the Department's status with respect to
developing a new military specification for safe and effective
alternatives to aqueous film forming foam (hereinafter referred to as
``AFFF'') that do not contain perfluorooctanoic acid (hereinafter
referred to as ``PFOA'') or erfluorooctanesulfonic acid (hereinafter
referred to as ``PFOS'').
(b) Elements.--The report required by subparagraph (1) shall
include the following:
(1) A detailed explanation of the Department's status with
respect to developing a new military specification for safe and
effective alternatives to AFFF that do not contain PFOA or PFOS.
(2) An update on the Secretary's plans for replacing AFFF
containing PFOA or PFOS at military installations across the
country and methods of disposal for AFFF containing PFOA or PFOS.
(3) An overview of current and planned research and development
for AFFF alternatives that do not contain PFOA or PFOS.
(4) An assessment of how the establishment of a maximum
contaminant level for PFOA or PFOS under the Safe Drinking Water
Act (42 U.S.C. 300f et seq.), rather than the current health
advisory level, would impact the Department's mitigation actions,
prioritization of such actions, and research and development
related to PFOA and PFOS.
SEC. 1060. ASSESSMENT OF GLOBAL FORCE POSTURE.
(a) Assessment Required.--The Secretary of Defense shall, in
consultation with the Chairman of the Joint Chiefs of Staff, the chiefs
of the military services, and the commanders of the combatant commands,
provide for and oversee an assessment of the global force posture of
the Armed Forces.
(b) Report.--Not later than the earlier of 180 days after the
production of the 2018 National Defense Strategy (which is intended to
be closely coordinated with and complementary to a new National
Security Strategy) or December 31, 2018, the Secretary shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the assessment required by subsection (a).
The report shall include the following:
(1) Recommendations for force size, structure, and basing
globally that reflect and complement the force sizing and planning
construct included in the 2018 National Defense Strategy in order
to guide the growth of the force structure of the Armed Forces,
which recommendations shall be based on an evaluation of the
relative costs of rotational and forward-based forces as well as
impacts to deployment timelines of threats to lines of
communication and anti-access area denial capabilities of potential
adversaries.
(2) An assessment by each commander of a combatant command of
the capability and force structure gaps within the context of an
evaluation of the projected threats in the theater of operations of
the combatant command concerned and the operation plans of each
combatant command.
(3) An evaluation of the headquarters manning requirements to
oversee and direct execution of current operational plans.
SEC. 1061. ARMY MODERNIZATION STRATEGY.
(a) Strategy Required.--The Secretary of the Army shall develop a
modernization strategy for the total Army.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) A comprehensive description of the future total Army,
including key objectives, war fighting challenges, and risks,
sufficient to establish requirements, set priorities, identify
opportunity costs, and establish acquisition time lines for the
total Army over a period beyond the period of the current future-
years defense program under section 221 of title 10, United States
Code.
(2) Mechanisms for identifying programs of the Army that may be
unnecessary, or do not perform according to expectations, in
achieving the future total Army.
(3) A comprehensive description of the manner in which the
future total Army intends to fight and win as part of a joint force
engaged in combat across all operational domains.
(4) A comprehensive description of the mechanisms required by
the future total Army to maintain command, control, and
communications and sustainment.
(5) A description of--
(A) the combat vehicle modernization priorities of the Army
over the next 5 and 10 years;
(B) the extent to which such priorities can be supported at
current funding levels within a relevant time period;
(C) the extent to which additional funds are required to
support such priorities;
(D) how the Army is balancing and resourcing such
priorities with efforts to rebuild and sustain readiness and
increase force structure capacity over this same time period;
and
(E) how the Army is balancing its near-term modernization
efforts with an accelerated long-term strategy for acquiring
next generation combat vehicle capabilities.
(c) Particular Considerations.--In developing the strategy required
by subsection (a), the Secretary shall take into particular account the
following:
(1) Current trends and developments in weapons and equipment
technologies.
(2) New tactics and force design of peer adversaries, including
the rapid pace of development of such tactics and force design by
such adversaries.
(d) Report.--
(1) In general.--Not later than April 30, 2018, the Secretary
shall submit to the congressional defense committees the strategy
required by subsection (a).
(2) Form.--If the report is submitted in classified form, the
report shall be accompanied by an unclassified summary.
(e) Comptroller General Assessment.--
(1) Assessment.--The Comptroller General of the United States
shall conduct an assessment of the modernization strategy required
by subsection (a).
(2) Focus.--In carrying out the assessment under paragraph (1),
the Comptroller General shall focus on evaluating--
(A) the development of the modernization priorities of the
Army for the five-year period beginning on the date of the
enactment of this Act;
(B) how the Army is balancing and resourcing such
priorities with efforts to rebuild and sustain readiness and
increase force structure capacity over such period; and
(C) the extent to which the Army has balanced its near-term
modernization efforts with its long-term strategy for acquiring
new capabilities.
(3) Congressional reporting.--
(A) Briefing.--Not later than May 1, 2018, the Comptroller
General shall provide to the congressional defense committees a
briefing on the preliminary assessment of the Comptroller
General under paragraph (1).
(B) Report.--The Comptroller General shall submit to the
congressional defense committees a report on the final
assessment of the Comptroller General under such paragraph.
(f) Total Army Defined.--In this section, the term ``total Army''
means the active components and the reserve components of the Army.
SEC. 1062. REPORT ON ARMY PLAN TO IMPROVE OPERATIONAL UNIT READINESS BY
REDUCING NUMBER OF NON-DEPLOYABLE SOLDIERS ASSIGNED TO OPERATIONAL
UNITS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Army shall submit to the congressional defense
committees a report on the plans of the Army to improve operational
unit readiness in the Army by reducing the number of non-deployable
soldiers assigned to operational units of the Army and replacing such
soldiers with soldiers capable of world-wide deployment.
SEC. 1063. EFFORTS TO COMBAT PHYSIOLOGICAL EPISODES ON CERTAIN NAVY
AIRCRAFT.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and every 90 days thereafter until January 1,
2020, the Secretary of the Navy shall provide to the congressional
defense committees information on efforts by the Navy's Physiological
Episode Team to combat the prevalence of physiological episodes in F/A-
18 Hornet and Super Hornet, EA-18G Growler, and T-45 Goshawk aircraft.
(b) Elements.--The information required under subsection (a) shall
include the following elements:
(1) A description of Naval Aviation Enterprise activities
addressing physiological episodes during the reporting period.
(2) An estimate of funding expended in support of the
activities described under paragraph (1).
(3) A description of any planned or executed changes to
Physiological Episode Team structure or processes.
(4) A description of activities planned for the upcoming two
quarters.
(c) Form.--The information required under subsection (a) may be
provided in a written report or a briefing.
SEC. 1064. STUDIES ON AIRCRAFT INVENTORIES FOR THE AIR FORCE.
(a) Independent Studies.--
(1) In general.--The Secretary of Defense shall provide for the
performance of three independent studies of alternative aircraft
inventories through 2030, and an associated force-sizing construct,
for the Air Force.
(2) Submittal to congress.--Not later than March 1, 2019, the
Secretary shall submit the results of each study to the
congressional defense committees.
(3) Form.--The result of each study shall be submitted in
unclassified form, but may include a classified annex.
(b) Entities To Perform Studies.--The Secretary shall provide for
the studies under subsection (a) to be performed as follows:
(1) One study shall be performed by the Secretary of the Air
Force, in consultation with the Director of the Office of Net
Assessment.
(2) One study shall be performed by a federally funded research
and development center.
(3) One study shall be conducted by an independent,
nongovernmental institute which is described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of such Code, and has recognized credentials and
expertise in national security and military affairs.
(c) Performance of Studies.--
(1) Independent performance.--The Secretary shall require the
studies under this section to be conducted independently of one
another.
(2) Matters to be considered.--In performing a study under this
section, the organization performing the study, while being aware
of current and projected aircraft inventories for the Air Force,
shall not be limited by such current or projected aircraft
inventories, and shall consider the following matters:
(A) The national security and national defense strategies
of the United States.
(B) Potential future threats to the United States and to
United States air and space forces through 2030.
(C) Traditional roles and missions of the Air Force.
(D) Alternative roles and missions for the Air Force.
(E) The force-sizing methodology and rationale used to
calculated aircraft inventory levels.
(F) Other government and nongovernment analyses that would
contribute to the study through variations in study assumptions
or potential scenarios.
(G) The role of evolving technology on future air forces,
including unmanned and space systems.
(H) Opportunities for reduced operation and sustainment
costs.
(I) Current and projected capabilities of other Armed
Forces that could affect force structure capability and
capacity requirements of the Air Force.
(d) Study Results.--The results of each study under this section
shall--
(1) identify a force-sizing construct for the Air Force that
connects national security strategy to aircraft inventories;
(2) present the alternative aircraft inventories considered,
with assumptions and possible scenarios identified for each;
(3) provide for presentation of minority views of study
participants; and
(4) for the recommended inventories, provide--
(A) the numbers and types of aircraft, the numbers and
types of manned and unmanned aircraft, and the basic
capabilities of each of such platforms;
(B) describe the force-sizing rationale used to arrive at
the recommended inventory levels;
(C) other information needed to understand the aircraft
inventories in basic form and the supporting analysis; and
(D) options to address aircraft types whose retirement
commences before 2030.
SEC. 1065. DEPARTMENT OF DEFENSE REVIEW OF NAVY CAPABILITIES IN THE
ARCTIC REGION.
(a) Report on Capabilities.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to
the congressional defense committees a report on the capabilities
of the Navy in the Arctic region.
(2) Elements.--The report required by paragraph (1) shall
include an analysis of the following:
(A) The current naval capabilities of the Department of
Defense in the Arctic region, with a particular emphasis on
surface capabilities.
(B) Any gaps that exist between the current naval
capabilities described in subparagraph (A) and the ability of
the Department to fully execute its updated strategy for the
Arctic region.
(C) Any gaps in the capabilities described in subparagraph
(A) that require ice-hardening of existing vessels or the
construction of new vessels to preserve freedom of navigation
in the Arctic region whenever and wherever necessary.
(D) An analysis and recommendation of which Navy vessels
could be ice-hardened to effectively preserve freedom of
navigation in the Arctic region when and where necessary, in
all seasons and weather conditions.
(E) An analysis of any cost increases or schedule
adjustments that may result from ice-hardening existing or new
Navy vessels.
(b) Comptroller General of the United States Review.--Not later
than 90 days after the date on which the Secretary submits the report
required by subsection (a), the Comptroller General of the United
States shall submit to the congressional defense committees a review of
the report, including any matters in connection with the report and the
review that the Comptroller General considers appropriate.
(c) Form.--The report under subsection (a) and the review under
subsection (b) shall each be submitted in unclassified form, but may
include a classified annex.
SEC. 1066. COMPREHENSIVE REVIEW OF MARITIME INTELLIGENCE, SURVEILLANCE,
RECONNAISSANCE, AND TARGETING CAPABILITIES.
(a) Report Required.--Not later than May 1, 2018, the Secretary of
the Navy shall submit to the congressional defense committees a report
on maritime intelligence, surveillance, reconnaissance, and targeting
capabilities.
(b) Comprehensive Review.--The report required in subsection (a)
shall include a comprehensive review of the following elements for the
2025 and 2035 timeframes:
(1) A description of the projected steady-state demands for
maritime intelligence, surveillance, reconnaissance, and targeting
capabilities and capacity in each timeframe, including protracted
gray-zone or low-intensity confrontations between the United States
or its allies and potential adversaries such as Russia, China,
North Korea, and Iran.
(2) A description of potential warfighting planning scenarios
in which maritime intelligence, surveillance, reconnaissance, and
targeting capabilities will be required in each prescribed
timeframe, including the most demanding such scenario.
(3) A description of the undersea, surface, and air threats for
each scenario described in paragraph (2) that will require maritime
intelligence, surveillance, reconnaissance, and targeting to be
conducted in order to achieve warfighting objectives.
(4) An assessment of the sufficiency of maritime intelligence,
surveillance, reconnaissance, and targeting program capability and
capacity to achieve the warfighting objectives described in
paragraph (3) in the most demanding scenario described in paragraph
(2), including the effects of attrition.
(5) Planned operational concepts, including a High level
operational concept graphic (OV-1) for each such concept, for
conducting maritime intelligence, surveillance, reconnaissance, and
targeting capabilities during steady state operations and
warfighting scenarios described in paragraph (2), including
consideration of distributed combat operations in a satellite
denied environment.
(6) Specific capability or capacity gaps and risk areas in the
ability or sufficiency of maritime intelligence, surveillance,
reconnaissance, and targeting capabilities.
(7) Potential mitigation or solutions to address the capability
and capacity gaps and risk areas identified in paragraph (6),
including new capabilities, increased capacity, or new operating
concepts that could be employed by the Navy.
(8) A description of the funding amount by fiscal year, initial
operational capability, and full operational capability for each
maritime intelligence, surveillance, reconnaissance, and targeting
program identified in paragraph (4), based on the President's
fiscal year 2019 future years defense program, including unfunded
and partially funded programs.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex.
SEC. 1067. REPORT ON THE NEED FOR A JOINT CHEMICAL-BIOLOGICAL DEFENSE
LOGISTICS CENTER.
Not later than March 1, 2018, the Secretary of Defense shall submit
to the congressional defense committees a report that includes the
following:
(1) A description of the operational need and requirement for a
consolidated Joint Chemical-Biological Defense Logistics Center.
(2) Identification of the specific operational requirements for
rapid deployment of chemical and biological defense assets and the
sustainment requirements for maintenance, storage, inspection, and
distribution of specialized chemical, biological, radiological, and
nuclear equipment at the Joint Chemical-Biological Defense
Logistics Center.
(3) A definition of program objectives and milestones to
achieve initial operating capability and full operating capability.
(4) Estimated facility and personnel resource requirements for
use in planning, programming, and budgeting.
(5) An environmental assessment of proposed effects in
accordance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 1068. MISSILE TECHNOLOGY CONTROL REGIME CATEGORY I UNMANNED AERIAL
VEHICLE SYSTEMS.
(a) Report Required.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly submit to the appropriate committees of Congress a
report providing an evaluation of the impact to national security of
current United States policy regarding proliferation of complete
unmanned aerial vehicle systems under Category I of the Missile
Technology Control Regime (MTCR).
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An analysis of Category I unmanned aerial vehicles (UAVs)
in production globally and the countries that export such systems,
including the volume and location.
(2) An evaluation of the impact of the MTCR presumption of
denial relating to Category I UAVs on identified United States
security interests, including the presumption's nonproliferation
benefits and the extent to which the presumption may foster the
growth of foreign UAV providers, reducing United States Government
influence and the qualitative United States technological edge.
(3) An evaluation of the potential risks and benefits to
security posed by exports of UAVs, whether or not covered by
Category I criteria, to identify characteristics that pose
particular concerns, such as speed, radar cross-section, swarming
capability, surveillance payload, low observable features, armor,
and anti-aircraft countermeasures.
(4) A discussion of how the evaluation above should inform
United States Government and allied and partner licensing guidance
with respect to the MTCR presumption of denial and its potential
impacts, United States Government proposals for revisions to the
MTCR Guidelines, and differences among UAVs (Category I, as well as
Category II UAVs that pose particular concerns).
(5) Any other matters the Secretaries consider appropriate.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
SEC. 1069. RECOMMENDATIONS FOR INTERAGENCY VETTING OF FOREIGN
INVESTMENTS AFFECTING NATIONAL SECURITY.
(a) Plan and Recommendations Required.--The Secretary of Defense,
in concurrence with the Secretary of State, the Secretary of Treasury,
and the Director of National Intelligence, shall assess and develop a
plan and recommendations for agencies of the United States Government,
other than the Department of Defense, to improve the effectiveness of
the interagency vetting of foreign investments that could potentially
impair the national security of the United States.
(b) Objectives.--The recommendations required by subsection (a)
shall have the following objectives:
(1) To increase collaboration and coordination among agencies
of the United States Government in the identification and
prevention of foreign investments that could potentially impair the
national security of the United States.
(2) To increase collaboration and cooperation among the United
States Government and governments of United States allies and
partners on investments described in paragraph (1), including
through information sharing.
(3) To increase collaboration and cooperation among agencies of
the United States Government to identify and mitigate potential
threats to critical United States technologies from foreign state
owned or state controlled entities.
(c) Analysis.--The recommendations required by subsection (a) shall
be based upon analysis of the following:
(1) Whether the current interagency vetting processes and
policies place adequate focus on the potential threats presented by
influence of the foreign governments over business entities seeking
investment in the United States.
(2) The current or projected major vulnerabilities of the
defense industrial base pertaining to foreign investment, including
in the areas of cybersecurity, reliance on foreign suppliers in the
defense supply chain access to materials that are essential for
national defense, and the use of transportation assets and other
critical infrastructure for training, mobilizing, and deploying
forces.
(3) Whether the current interagency vetting process for foreign
investments--
(A) requires additional resources to be effective;
(B) permits the interagency establishment adequate time to
thoroughly review transactions and to conduct national security
threat assessments;
(C) assesses the risks posed by transactions before they
are implemented; and
(D) provides adequate monitoring and compliance of
agreements to mitigate such risks.
(4) The counterintelligence risks posed by purchases or leases
of Federal land.
(5) Whether and to what extent industrial espionage is
occurring against private United States companies to obtain
commercial secrets related to critical or foundational
technologies.
(6) Whether and to what extent foreseeable foreign investments
have the potential to--
(A) reduce any United States technological or industrial
advantage of the United States; or
(B) increase the vulnerability of the United States to
information operations, including the purposeful dissemination
of false or misleading information to the American public and
the manipulation of American public opinion on critical public
policy issues.
(7) Whether currently mandated annual reports to Congress on
the interagency vetting of foreign investments should be revised to
ensure that they provide valuable information.
(d) Considerations.--The recommendations required by subsection (a)
shall take into consideration each of the following:
(1) Trends in foreign investment transactions, including joint
ventures, the sale of assets pursuant to bankruptcy, and the
purchase or lease of real estate in proximity to Government
installations that could impair national security.
(2) Strategies used by foreign investors to exploit
vulnerabilities in existing foreign investment vetting processes
and regulations.
(3) Any market distortion or unfair competition incurred by
foreign transactions that directly or indirectly impairs the
national security or the United States.
(e) Reports.--
(1) Interim report.--Not later than 90 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 progress of
the Secretary in developing the recommendations required by
subsection (a).
(2) Final report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report setting forth the
recommendations developed pursuant to subsection (a).
(3) Form.--Each report under this subsection shall be submitted
in unclassified form, but may include a classified annex.
(4) Appropriate committees of congress.--In this subsection,
the term ``appropriate committees of Congress'' means--
(A) the Committees on Armed Services of the Senate and the
House of Representatives;
(B) the Committee on Foreign Affairs of the House of
Representatives;
(C) the Committee on Foreign Relations of the Senate;
(D) the Committee on Financial Services of the House of
Representatives;
(E) the Committee on Finance of the Senate;
(F) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(G) the Select Committee on Intelligence of the Senate.
SEC. 1070. BRIEFING ON PRIOR ATTEMPTED RUSSIAN CYBER ATTACKS AGAINST
DEFENSE SYSTEMS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense, in coordination with the Director of National
Intelligence, shall provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing on all attempts to
breach, intrude, or otherwise hack into Department of Defense systems
that--
(1) occurred during the last 24-month period ending on the date
of the enactment of this Act; and
(2) were attributable either to the government of the Russian
Federation or actors substantially supported by the government of
the Russian Federation.
SEC. 1071. ENHANCED ANALYTICAL AND MONITORING CAPABILITY OF THE DEFENSE
INDUSTRIAL BASE.
(a) Process.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall establish a
process, or designate an existing process, for enhancing the
ability of the Department of Defense to analyze, assess, and
monitor the vulnerabilities of, and concentration of purchases in,
the defense industrial base.
(2) Elements.--The process required by subsection (a) shall
include the following elements:
(A) Designation of a senior official responsible for
overseeing the development and implementation of the process.
(B) Development or integration of tools to support
commercial due diligence and business intelligence or to
otherwise analyze and monitor commercial activity to understand
business relationships affecting the defense industrial base.
(C) Development of risk profiles of products, services, or
entities based on business intelligence, commercial due
diligence tools and data services.
(D) As the Secretary determines necessary, integration with
intelligence sources to develop threat profiles of entities
attempting transactions with a defense industrial base
companies.
(E) Other matters as the Secretary deems necessary.
(3) Notification.--Not later than 90 days after establishing or
designating the process required by subsection (a), the Secretary
shall submit to the Committees on Armed Services of the Senate and
House of Representatives notice in writing that such process has
been established or otherwise designated. Such notification shall
include the following:
(A) Identification of the official required to be
designated under paragraph (2)(A).
(B) Identification of the tools described in paragraph
(2)(B) that are currently available to Department of Defense
and any other tools available commercially or otherwise that
might contribute to enhancing the analytic capability of the
process.
(C) Identification of, or recommendations for, any
statutory changes needed to improve the effectiveness of the
process.
(D) Projected resources necessary to purchase any
commercially available tools identified under subparagraph (B)
and to carry out any statutory changes identified under
subparagraph (C).
(b) Reporting.--
(1) Consolidated report on vulnerabilities of, and
concentration of purchases in, the defense industrial base.--
(A) Report required.--For each of fiscal years 2018 through
2023, the Secretary of Defense shall submit to the appropriate
congressional committees a consolidated report that combines
all of the reports required to be provided to Congress for that
fiscal year on the adequacy of, vulnerabilities of, and
concentration of purchases in the defense industrial sector.
Such consolidated report shall include each of the following:
(i) The report required under section 721(m) of the
Defense Production Act of 1950 (50 U.S.C. 4565(m))
(relating to concentrations of purchases of the defense
industrial base).
(ii) The report required under section 723(a) of the
Defense Production Act of 1950 (50 U.S.C. 4568(a))
(relating to offsets in defense production).
(iii) The report required under section 2504 of title
10, United States Code (relating to annual industrial
capabilities).
(iv) Any other reports the Secretary determines
appropriate.
(B) Deadline.--A consolidated report under subparagraph (A)
shall be submitted by not later than March 31 of the fiscal
year following the fiscal year for which the report is
submitted.
(2) Review of technology protection policy.--Not later than 270
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional committees a
report describing any need for reforms of policies governing the
export of technology or related intellectual property, along with
any proposed legislative changes the Secretary believes are
necessary.
(3) Form of reports.--Each report submitted under this
subsection shall be in unclassified form, but may contain a
classified annex.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Financial 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
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Select Committee on Intelligence of the
Senate.
SEC. 1072. REPORT ON DEFENSE OF COMBAT LOGISTICS AND STRATEGIC MOBILITY
FORCES.
(a) Report Required.--Not later than April 1, 2018, the Secretary
of the Navy shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the defense of
combat logistics and strategic mobility forces.
(b) Covered Periods.--The report required by subsection (a) shall
cover two periods:
(1) The period from 2018 through 2025.
(2) The period from 2026 through 2035.
(c) Elements.--The report required by subsection (a) shall include,
for each of the periods covered by the report, the following:
(1) A description of potential warfighting planning scenarios
in which combat logistics and strategic mobility forces will be
threatened, including the most demanding operational plan requiring
such forces.
(2) A description of the combat logistics and strategic
mobility forces capacity, including additional combat logistics and
strategic mobility forces, that may be required due to losses from
attacks under each scenario described pursuant to paragraph (1).
(3) A description of the projected capability and capacity of
subsurface threats to combat logistics and strategic mobility
forces for each scenario described pursuant to paragraph (1).
(4) A description of planned operating concepts for defending
combat logistics and strategic mobility forces from subsurface,
surface, and air threats for each scenario described pursuant to
paragraph (1).
(5) An assessment of the ability and availability of United
States naval forces to defend combat logistics and strategic
mobility forces from the threats described pursuant to paragraph
(1), while also accomplishing other assigned missions, for each
scenario described pursuant to that paragraph.
(6) A description of specific capability gaps or risk areas in
the ability or availability of United States naval forces to defend
combat logistics and strategic mobility forces from the threats
described pursuant to paragraph (1).
(7) A description and assessment of potential solutions to
address the capability gaps and risk areas identified pursuant to
paragraph (6), including new capabilities, increased capacity, or
new operating concepts that could be employed by United States
naval forces.
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(e) Combat Logistics and Strategic Mobility Forces Defined.--In
this section, the term ``combat logistics and strategic mobility
forces'' means the combat logistics force, the Ready Reserve Force, and
the Military Sealift Command surge fleet.
SEC. 1073. REPORT ON ACQUISITION STRATEGY TO RECAPITALIZE THE EXISTING
SYSTEM FOR UNDERSEA FIXED SURVEILLANCE.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on the acquisition strategy
to recapitalize the existing system for undersea fixed surveillance.
(b) Elements.--The report required by subsection (a) shall address
the following matters:
(1) A description of undersea fixed surveillance system
recapitalization requirements, including key performance parameters
and key system attributes as applicable.
(2) Cost estimates for procuring a future system or systems.
(3) Projected dates for key milestones within the acquisition
strategy.
(4) A description of how the acquisition strategy will improve
performance in the areas of detection and localization compared to
the legacy system to enable effective performance against current,
emerging, and future threats over the life of the systems.
(5) A description of how the acquisition strategy will
encourage competition and reward innovation for addressing system
performance requirements.
SEC. 1074. REPORT ON IMPLEMENTATION OF REQUIREMENTS IN CONNECTION WITH
THE ORGANIZATION OF THE DEPARTMENT OF DEFENSE FOR MANAGEMENT OF SPECIAL
OPERATIONS FORCES AND SPECIAL OPERATIONS.
(a) Report Required.--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 on the implementation of section 922 of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2354) and the amendments made by that section (in
this section collectively referred to as the ``covered authority'').
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A statement of the responsibilities of the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict that is consistent with the covered authority, including
an identification of any responsibilities to be divested by the
Assistant Secretary pursuant to the covered authority.
(2) A resource-unconstrained analysis of manpower requirements
necessary to satisfy the responsibilities akin to those of the
Secretary of a military department that are specified by the
covered authority.
(3) An accounting of civilian, military, and contractor
personnel currently assigned to the fulfillment of the
responsibilities akin to those of the Secretary of a military
department that are specified by the covered authority, including
responsibilities relating to budget, personnel, programs and
requirements, acquisition, and special access programs.
(4) A description of actions taken to implement the covered
authority as of the date of the report, including the assignment of
any additional civilian, military, or contractor personnel to
fulfill additional responsibilities akin to those of the Secretary
of a military department that are specified by the covered
authority.
(5) An explanation how the responsibilities akin to those of
the Secretary of a military department that assigned to the
Assistant Secretary by the covered authority will be fulfilled in
the absence of additional personnel being assigned to the office of
the Assistant Secretary.
(6) An assessment of whether the responsibilities specified in
section 138(b)(4) of title 10, United States Code, could be
accomplished more effectively if the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict were elevated to
an Under Secretary, including the potential benefits and negative
consequences of such a change.
(7) Any other matters the Secretary considers appropriate.
SEC. 1075. REPORT ON THE GLOBAL FOOD SYSTEM AND VULNERABILITIES
RELEVANT TO DEPARTMENT OF DEFENSE MISSIONS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the heads of such components of the Department of Defense as the
Secretary considers appropriate, submit to the congressional defense
committees an assessment of Department of Defense policies and
operational plans for addressing the national security implications of
global food system vulnerabilities.
(b) Contents.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) An evaluation of vulnerabilities in the global food system
that may affect the national security of the United States and the
Department of Defense roles, missions, and capabilities in
addressing such vulnerabilities, including information technology,
data management, and surveillance capabilities for detection and
assessment of food system shocks with the potential to result in
the deployment of the Armed Forces or directly affect bilateral
security interests with allies or partners.
(2) A characterization of how Department of Defense strategy,
policies, and plans, including the Unified Command Plan, defense
planning scenarios, operational plans, theater cooperation plans,
and other relevant planning documents and procedures, account for
food system vulnerabilities as precursors to and components of
protracted major state conflicts, civil wars, insurgencies, or
terrorism.
(3) An evaluation of United States interests, including the
interests of allies and strategic partners, and potential United
States military operations, including thresholds for ordering such
operations, in regions where food system instability represents an
urgent and growing threat, including due to the presence of
destabilizing non-state actors who may weaponize access to food.
(4) An identification of opportunities to initiate or further
develop cooperative military-to-military relationships to build
partner capacity to avoid, minimize, or control global and regional
food system shocks.
Subtitle G--Modernizing Government Technology
SEC. 1076. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Board.--The term ``Board'' means the Technology
Modernization Board established under section 1094(c)(1).
(3) Cloud computing.--The term ``cloud computing'' has the
meaning given the term by the National Institute of Standards and
Technology in NIST Special Publication 800-145 and any amendatory
or superseding document thereto.
(4) Director.--The term ``Director'' means the Director of the
Office of Management and Budget.
(5) Fund.--The term ``Fund'' means the Technology Modernization
Fund established under section 1094(b)(1).
(6) Information technology.--The term ``information
technology'' has the meaning given the term in section 3502 of
title 44, United States Code.
(7) IT working capital fund.--The term ``IT working capital
fund'' means an information technology system modernization and
working capital fund established under section 1093(b)(1).
(8) Legacy information technology system.--The term ``legacy
information technology system'' means an outdated or obsolete
system of information technology.
SEC. 1077. ESTABLISHMENT OF AGENCY INFORMATION TECHNOLOGY SYSTEMS
MODERNIZATION AND WORKING CAPITAL FUNDS.
(a) Definition.--In this section, the term ``covered agency'' means
each agency listed in section 901(b) of title 31, United States Code.
(b) Information Technology System Modernization and Working Capital
Funds.--
(1) Establishment.--The head of a covered agency may establish
within the covered agency an information technology system
modernization and working capital fund for necessary expenses
described in paragraph (3).
(2) Source of funds.--The following amounts may be deposited
into an IT working capital fund:
(A) Reprogramming and transfer of funds made available in
appropriations Acts enacted after the date of enactment of this
Act, including the transfer of any funds for the operation and
maintenance of legacy information technology systems, in
compliance with any applicable reprogramming law or guidelines
of the Committees on Appropriations of the Senate and the House
of Representatives or transfer authority specifically provided
in appropriations law.
(B) Amounts made available to the IT working capital fund
through discretionary appropriations made available after the
date of enactment of this Act.
(3) Use of funds.--An IT working capital fund established under
paragraph (1) may only be used--
(A) to improve, retire, or replace existing information
technology systems in the covered agency to enhance
cybersecurity and to improve efficiency and effectiveness
across the life of a given workload, procured using full and
open competition among all commercial items to the greatest
extent practicable;
(B) to transition legacy information technology systems at
the covered agency to commercial cloud computing and other
innovative commercial platforms and technologies, including
those serving more than 1 covered agency with common
requirements;
(C) to assist and support covered agency efforts to provide
adequate, risk-based, and cost-effective information technology
capabilities that address evolving threats to information
security;
(D) to reimburse funds transferred to the covered agency
from the Fund with the approval of the Chief Information
Officer, in consultation with the Chief Financial Officer, of
the covered agency; and
(E) for a program, project, or activity or to increase
funds for any program, project, or activity that has not been
denied or restricted by Congress.
(4) Existing funds.--An IT working capital fund may not be used
to supplant funds provided for the operation and maintenance of any
system within an appropriation for the covered agency at the time
of establishment of the IT working capital fund.
(5) Prioritization of funds.--The head of each covered agency--
(A) shall prioritize funds within the IT working capital
fund of the covered agency to be used initially for cost
savings activities approved by the Chief Information Officer of
the covered agency; and
(B) may reprogram and transfer any amounts saved as a
direct result of the cost savings activities approved under
clause (i) for deposit into the IT working capital fund of the
covered agency, consistent with paragraph (2)(A).
(6) Availability of funds.--
(A) In general.--Any funds deposited into an IT working
capital fund shall be available for obligation for the 3-year
period beginning on the last day of the fiscal year in which
the funds were deposited.
(B) Transfer of unobligated amounts.--Any amounts in an IT
working capital fund that are unobligated at the end of the 3-
year period described in subparagraph (A) shall be transferred
to the general fund of the Treasury.
(7) Agency cio responsibilities.--In evaluating projects to be
funded by the IT working capital fund of a covered agency, the
Chief Information Officer of the covered agency shall consider, to
the extent applicable, guidance issued under section 1094(b)(1) to
evaluate applications for funding from the Fund that include
factors including a strong business case, technical design,
consideration of commercial off-the-shelf products and services,
procurement strategy (including adequate use of rapid, iterative
software development practices), and program management.
(c) Reporting Requirement.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every 6 months thereafter, the head of
each covered agency shall submit to the Director, with respect to
the IT working capital fund of the covered agency--
(A) a list of each information technology investment
funded, including the estimated cost and completion date for
each investment; and
(B) a summary by fiscal year of obligations, expenditures,
and unused balances.
(2) Public availability.--The Director shall make the
information submitted under paragraph (1) publicly available on a
website.
SEC. 1078. ESTABLISHMENT OF TECHNOLOGY MODERNIZATION FUND AND BOARD.
(a) Definition.--In this section, the term ``agency'' has the
meaning given the term in section 551 of title 5, United States Code.
(b) Technology Modernization Fund.--
(1) Establishment.--There is established in the Treasury a
Technology Modernization Fund for technology-related activities, to
improve information technology, to enhance cybersecurity across the
Federal Government, and to be administered in accordance with
guidance issued by the Director.
(2) Administration of fund.--The Administrator, in consultation
with the Chief Information Officers Council and with the approval
of the Director, shall administer the Fund in accordance with this
subsection.
(3) Use of funds.--The Administrator shall, in accordance with
recommendations from the Board, use amounts in the Fund--
(A) to transfer such amounts, to remain available until
expended, to the head of an agency for the acquisition of
products and services, or the development of such products and
services when more efficient and cost effective, to improve,
retire, or replace existing Federal information technology
systems to enhance cybersecurity and privacy and improve long-
term efficiency and effectiveness;
(B) to transfer such amounts, to remain available until
expended, to the head of an agency for the operation and
procurement of information technology products and services, or
the development of such products and services when more
efficient and cost effective, and acquisition vehicles for use
by agencies to improve Governmentwide efficiency and
cybersecurity in accordance with the requirements of the
agencies;
(C) to provide services or work performed in support of--
(i) the activities described in subparagraph (A) or
(B); and
(ii) the Board and the Director in carrying out the
responsibilities described in subsection (c)(2); and
(D) to fund only programs, projects, or activities or to
fund increases for any programs, projects, or activities that
have not been denied or restricted by Congress.
(4) Authorization of appropriations; credits; availability of
funds.--
(A) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $250,000,000 for each of fiscal
years 2018 and 2019.
(B) Credits.--In addition to any funds otherwise
appropriated, the Fund shall be credited with all
reimbursements, advances, or refunds or recoveries relating to
information technology or services provided for the purposes
described in paragraph (3).
(C) Availability of funds.--Amounts deposited, credited, or
otherwise made available to the Fund shall be available until
expended for the purposes described in paragraph (3).
(5) Reimbursement.--
(A) Reimbursement by agency.--
(i) In general.--The head of an agency shall reimburse
the Fund for any transfer made under subparagraph (A) or
(B) of paragraph (3), including any services or work
performed in support of the transfer under paragraph
(3)(C), in accordance with the terms established in a
written agreement described in paragraph (6).
(ii) Reimbursement from subsequent appropriations.--
Notwithstanding any other provision of law, an agency may
make a reimbursement required under clause (i) from any
appropriation made available after the date of enactment of
this Act for information technology activities, consistent
with any applicable reprogramming law or guidelines of the
Committees on Appropriations of the Senate and the House of
Representatives.
(iii) Recording of obligation.--Notwithstanding section
1501 of title 31, United States Code, an obligation to make
a payment under a written agreement described in paragraph
(6) in a fiscal year after the date of enactment of this
Act shall be recorded in the fiscal year in which the
payment is due.
(B) Prices fixed by administrator.--
(i) In general.--The Administrator, in consultation
with the Director, shall establish amounts to be paid by an
agency under this paragraph and the terms of repayment for
activities funded under paragraph (3), including any
services or work performed in support of that development
under paragraph (3)(C), at levels sufficient to ensure the
solvency of the Fund, including operating expenses.
(ii) Review and approval.--Before making any changes to
the established amounts and terms of repayment, the
Administrator shall conduct a review and obtain approval
from the Director.
(C) Failure to make timely reimbursement.--The
Administrator may obtain reimbursement from an agency under
this paragraph by the issuance of transfer and counterwarrants,
or other lawful transfer documents, supported by itemized
bills, if payment is not made by the agency during the 90-day
period beginning after the expiration of a repayment period
described in a written agreement described in paragraph (6).
(6) Written agreement.--
(A) In general.--Before the transfer of funds to an agency
under subparagraphs (A) and (B) of paragraph (3), the
Administrator, in consultation with the Director, and the head
of the agency shall enter into a written agreement--
(i) documenting the purpose for which the funds will be
used and the terms of repayment, which may not exceed 5
years unless approved by the Director; and
(ii) which shall be recorded as an obligation as
provided in paragraph (5)(A).
(B) Requirement for use of incremental funding, commercial
products and services, and rapid, iterative development
practices.--The Administrator shall ensure--
(i) for any funds transferred to an agency under
paragraph (3)(A), in the absence of compelling
circumstances documented by the Administrator at the time
of transfer, that such funds shall be transferred only on
an incremental basis, tied to metric-based development
milestones achieved by the agency through the use of rapid,
iterative, development processes; and
(ii) that the use of commercial products and services
are incorporated to the greatest extent practicable in
activities funded under subparagraphs (A) and (B) of
paragraph (3), and that the written agreement required
under paragraph (6) documents this preference.
(7) Reporting requirements.--
(A) List of projects.--
(i) In general.--Not later than 6 months after the date
of enactment of this Act, the Director shall maintain a
list of each project funded by the Fund, to be updated not
less than quarterly, that includes a description of the
project, project status (including any schedule delay and
cost overruns), financial expenditure data related to the
project, and the extent to which the project is using
commercial products and services, including if applicable,
a justification of why commercial products and services
were not used and the associated development and
integration costs of custom development.
(ii) Public availability.--The list required under
clause (i) shall be published on a public website in a
manner that is, to the greatest extent possible, consistent
with applicable law on the protection of classified
information, sources, and methods.
(B) Comptroller general reports.--Not later than 2 years
after the date of enactment of this Act, and every 2 years
thereafter, the Comptroller General of the United States shall
submit to Congress and make publically available a report
assessing--
(i) the costs associated with establishing the Fund and
maintaining the oversight structure associated with the
Fund compared with the cost savings associated with the
projects funded both annually and over the life of the
acquired products and services by the Fund;
(ii) the reliability of the cost savings estimated by
agencies associated with projects funded by the Fund;
(iii) whether agencies receiving transfers of funds
from the Fund used full and open competition to acquire the
custom development of information technology products or
services; and
(iv) the number of IT procurement, development, and
modernization programs, offices, and entities in the
Federal Government, including 18F and the United States
Digital Services, the roles, responsibilities, and goals of
those programs and entities, and the extent to which they
duplicate work.
(c) Technology Modernization Board.--
(1) Establishment.--There is established a Technology
Modernization Board to evaluate proposals submitted by agencies for
funding authorized under the Fund.
(2) Responsibilities.--The responsibilities of the Board are--
(A) to provide input to the Director for the development of
processes for agencies to submit modernization proposals to the
Board and to establish the criteria by which those proposals
are evaluated, which shall include--
(i) addressing the greatest security, privacy, and
operational risks;
(ii) having the greatest Governmentwide impact; and
(iii) having a high probability of success based on
factors including a strong business case, technical design,
consideration of commercial off-the-shelf products and
services, procurement strategy (including adequate use of
rapid, agile iterative software development practices), and
program management;
(B) to make recommendations to the Administrator to assist
agencies in the further development and refinement of select
submitted modernization proposals, based on an initial
evaluation performed with the assistance of the Administrator;
(C) to review and prioritize, with the assistance of the
Administrator and the Director, modernization proposals based
on criteria established pursuant to subparagraph (A);
(D) to identify, with the assistance of the Administrator,
opportunities to improve or replace multiple information
technology systems with a smaller number of information
technology services common to multiple agencies;
(E) to recommend the funding of modernization projects, in
accordance with the uses described in subsection (b)(3), to the
Administrator;
(F) to monitor, in consultation with the Administrator,
progress and performance in executing approved projects and, if
necessary, recommend the suspension or termination of funding
for projects based on factors including the failure to meet the
terms of a written agreement described in subsection (b)(6);
and
(G) to monitor the operating costs of the Fund.
(3) Membership.--The Board shall consist of 7 voting members.
(4) Chair.--The Chair of the Board shall be the Administrator
of the Office of Electronic Government.
(5) Permanent members.--The permanent members of the Board
shall be--
(A) the Administrator of the Office of Electronic
Government; and
(B) a senior official from the General Services
Administration having technical expertise in information
technology development, appointed by the Administrator, with
the approval of the Director.
(6) Additional members of the board.--
(A) Appointment.--The other members of the Board shall be--
(i) 1 employee of the National Protection and Programs
Directorate of the Department of Homeland Security,
appointed by the Secretary of Homeland Security; and
(ii) 4 employees of the Federal Government primarily
having technical expertise in information technology
development, financial management, cybersecurity and
privacy, and acquisition, appointed by the Director.
(B) Term.--Each member of the Board described in paragraph
(A) shall serve a term of 1 year, which shall be renewable not
more than 4 times at the discretion of the appointing Secretary
or Director, as applicable.
(7) Prohibition on compensation.--Members of the Board may not
receive additional pay, allowances, or benefits by reason of their
service on the Board.
(8) Staff.--Upon request of the Chair of the Board, the
Director and the Administrator may detail, on a reimbursable or
nonreimbursable basis, any employee of the Federal Government to
the Board to assist the Board in carrying out the functions of the
Board.
(d) Responsibilities of Administrator.--
(1) In general.--In addition to the responsibilities described
in subsection (b), the Administrator shall support the activities
of the Board and provide technical support to, and, with the
concurrence of the Director, oversight of, agencies that receive
transfers from the Fund.
(2) Responsibilities.--The responsibilities of the
Administrator are--
(A) to provide direct technical support in the form of
personnel services or otherwise to agencies transferred amounts
under subsection (b)(3)(A) and for products, services, and
acquisition vehicles funded under subsection (b)(3)(B);
(B) to assist the Board with the evaluation,
prioritization, and development of agency modernization
proposals.
(C) to perform regular project oversight and monitoring of
approved agency modernization projects, in consultation with
the Board and the Director, to increase the likelihood of
successful implementation and reduce waste; and
(D) to provide the Director with information necessary to
meet the requirements of subsection (b)(7).
(e) Effective Date.--This section shall take effect on the date
that is 90 days after the date of enactment of this Act.
(f) Sunset.--
(1) In general.--On and after the date that is 2 years after
the date on which the Comptroller General of the United States
issues the third report required under subsection (b)(7)(B), the
Administrator may not award or transfer funds from the Fund for any
project that is not already in progress as of such date.
(2) Transfer of unobligated amounts.--Not later than 90 days
after the date on which all projects that received an award from
the Fund are completed, any amounts in the Fund shall be
transferred to the general fund of the Treasury and shall be used
for deficit reduction.
(3) Termination of technology modernization board.--Not later
than 90 days after the date on which all projects that received an
award from the Fund are completed, the Technology Modernization
Board and all the authorities of subsection (c) shall terminate.
Subtitle H--Other Matters
SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 113(j)(1) is amended by striking ``the Committee
on'' the first place it appears and all that follows through ``of
Representatives'' and inserting ``congressional defense
committees''.
(2) Section 115(i)(9) is amended by striking ``section 1203(b)
of the Cooperative Threat Reduction Act of 1993 (22 U.S.C.
5952(b))'' and inserting ``section 1321(a) of the Department of
Defense Cooperative Threat Reduction Act (50 U.S.C. 3711(a))''.
(3) Section 122a(a) is amended by striking ``acting through the
Office of the Assistant Secretary of Defense for Public Affairs''
and inserting ``acting through the Assistant to the Secretary of
Defense for Public Affairs''.
(4) Section 127(c)(1) is amended by striking ``the Committee
on'' the first place it appears and all that follows through ``of
Representatives'' and inserting ``congressional defense
committees''.
(5) Section 129a(b) is amended by striking ``(as identified
pursuant to section 118b of this title)''.
(6) Section 130f(b)(1) is amended by adding a period at the
end.
(7) Section 139b(c)(2) is amended by inserting a period at the
end of subparagraph (K).
(8) Section 153(a) is amended by inserting a colon after ``the
following'' in the matter preceding paragraph (1).
(9) Section 162(a)(4) is amended by striking the comma after
``command of''.
(10) Section 164(a)(1)(B) is amended by striking ``section
664(f)'' and inserting ``section 664(d)''.
(11) Section 166(c) is amended by striking ``section 2011'' and
inserting ``section 322''.
(12) Section 167b(e)(2)(A)(iii)(II) is amended by striking
``Fiscal Year 2014'' and inserting ``Fiscal Year 2016''.
(13) Section 171a is amended--
(A) in subsection (f), by striking ``(4))'' and inserting
``(4)))''; and
(B) in subsection (i)(3), by striking ``section 2366(e)''
and inserting ``sections 2366(e) and 2366a(d)''.
(14) Section 179(f)(3)(B)(iii) is amended by striking
``Joints'' and inserting ``Joint''.
(15) Section 181(b)(1) is amended by striking ``section 118''
and inserting ``section 113(g)''.
(16) Section 222(b) is amended by striking ``both'' through the
period at the end and inserting ``major force programs.''.
(17) Section 342(j)(2) is amended by striking the second period
at the end.
(18) Section 347(a)(1)(A) is amended by inserting ``section''
in clauses (i) and (iii) after ``Academy under''.
(19) Section 494(b)(2)(B) is amended by striking ``of title
10'' and inserting ``of this title''.
(20) Section 661(c) is amended by striking ``section 664(f)''
in paragraphs (1)(B)(i) and (3)(A) and inserting ``section
664(d)''.
(21) Section 801 (article 1 of the Uniform Code of Military
Justice) is amended in the matter preceding paragraph (1) by
striking ``chapter:'' and inserting ``chapter (the Uniform Code of
Military Justice):''.
(22) Section 806b(b) (article 6b(b) of the Uniform Code of
Military Justice) is amended by striking ``(the Uniform Code of
Military Justice)''.
(23) Section 1073c(a)(1)(E) is amended by striking ``miliary''
and inserting ``military''.
(24) Section 1074g(a)(9) is amended by moving subparagraphs (B)
and (C) two ems to the left.
(25) Section 1451 is amended in subsections (a) and (b) by
striking ``section 1450(a)(4)'' each place it appears and inserting
``section 1450(a)(5)''.
(26) Section 1452(c) is amended in paragraphs (1) and (3) by
striking ``section 1450(a)(4)'' both places it appears and
inserting ``section 1450(a)(5)''.
(27) Subsection (i) of section 1552, as redesignated by section
511(a)(1) of this Act, is amended by striking ``calender'' each
place it appears and inserting ``calendar''.
(28) Section 1553(f) is amended by striking ``calender'' each
place it appears and inserting ``calendar''.
(29) Section 2264(b)(3) is amended by striking ``the date of
the'' and all the follows through ``2015'' and inserting ``December
19, 2014''.
(30) Section 2330a is amended--
(A) in subsection (d)(1)(C), by striking ``management.;''
and inserting ``management;''; and
(B) in subsection (h)--
(i) in paragraph (1), by inserting ``Performance-
based.--'' after ``(1)'';
(ii) by designating the four paragraphs after paragraph
(4) as paragraphs (5), (6), (7), and (8), respectively;
(iii) in paragraph (5), as redesignated, by inserting
``Service acquisition portfolio groups.--'' after ``(5)'';
and
(iv) in paragraph (6), as redesignated, by inserting
``Staff augmentation contracts.--'' after ``(6)''.
(31) Section 2334(a)(6)(B) is amended by adding a semicolon at
the end.
(32) Section 2335 is amended by striking ``(2 U.S.C. 431 et
seq.)'' in subsections (c)(1) and (d)(3) and inserting ``(52 U.S.C.
30101 et seq.)''.
(33) The table of sections at the beginning of chapter 139 is
amended by inserting at period at the end of the items relating to
sections 2372 and 2372a.
(34) Section 2364(a)(6) is amended by striking ``conveys'' and
inserting ``convey''.
(35) Section 2372 is amended by striking ``subsection
(c)(3)(A)'' and inserting ``subsection (c)(2)(A)''.
(36) Section 2411(1)(D) is amended by striking ``(Public Law
93-638; 25 U.S.C. 450b(l))'' and inserting ``(25 U.S.C. 5304(l))''.
(37) The item relating to section 2431b in the table of
sections at the beginning of chapter 144 is amended to read as
follows:
``2431b. Risk management and mitigation in major defense acquisition
programs and major systems.''.
(38) Section 2430 is amended by striking ``subsection (a)(2)''
in subsections (b) and (c) and inserting ``subsection (a)(1)(B)''.
(39) Section 2431a(d) is amended by inserting ``(1)'' after
``Review.--''.
(40) Section 2446b(e) is amended--
(A) in the matter preceding paragraph (1), by striking ``in
writing that--'' and inserting ``in writing--''; and
(B) in paragraph (1), by inserting ``, that'' after ``open
system approach''.
(41) Section 2548(e) is amended--
(A) by striking ``Requirements'' and all that follows
through ``by the Secretary'' and inserting ``Requirement.--The
annual report prepared by the Secretary'';
(B) by striking ``system; and'' and inserting ``system.'';
and
(C) by striking paragraph (2).
(42) The table of sections at the beginning of chapter 152 is
amended by inserting a period at the end of the item relating to
section 2567.
(43) Section 2576a(b) is amended by striking ``and'' at the end
of paragraph (4).
(44) Section 2612(a) is amended by striking ``section
2166(f)(4)'' and inserting ``section 343(f)(4)''.
(45) Section 2662(f)(1)(D) is amended by striking ``section
334'' and inserting ``section 254''.
(46) Section 2667(e) is amended--
(A) in paragraph (1)(E), by striking ``military museum
described in section 489(a) of this title'' and inserting
``military museum'';
(B) in paragraph (4), by striking ``before January 1, 2005,
shall be deposited into the account'' and inserting ``shall be
deposited into the Department of Defense Base Closure
Account''; and
(C) by striking paragraph (5).
(47) Section 2667(k) is amended by striking ``section 9101''
and inserting ``section 8101''.
(48) Section 2925(b)(1) is amended by striking ``section 138c''
and inserting ``section 2926(b)''.
(49) Chapter 449 is amended--
(A) by striking the second section 4781; and
(B) in the table of sections, by striking the item relating
to the second section 4781.
(50) Section 7235(e)(2) is amended by striking ``24 months
after the date of the enactment of this section'' and inserting
``November 25, 2017,''.
(51) The item relating to section 9517 in the table of sections
at the beginning of chapter 931 is amended by making the first
letter of the third word lower case.
(b) Amendments Related to Repeal of Pending Authority To Establish
Under Secretary of Defense for Business Management and Information.--
(1) National defense authorization act for fiscal year 2015.--
Effective as of December 23, 2016, 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), as
amended by section 901(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2342), is
further amended--
(A) by striking subsection (j);
(B) in subsection (l)(1), by striking subparagraph (A);
(C) in subsection (m), by striking paragraphs (1) and (2);
and
(D) in subsection (n), by striking paragraph (1).
(2) National defense authorization act for fiscal year 2016.--
Effective as of November 25, 2015, subsection (f) of section 883 of
the National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92), as added by section 1081(c)(5) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328), is
amended by striking paragraph (1).
(c) Technical Corrections Related to Uniform Code of Military
Justice Reform.--
(1) In general.--Chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), as amended by the Military
Justice Act of 2016 (division E of Public Law 114-328), is further
amended as follows:
(A) Section 801 (article 1) is amended, in the matter
preceding paragraph (1), by inserting ``(the Uniform Code of
Military Justice)'' after ``chapter''.
(B) Subsection (b) of section 806b (article 6b), as amended
by section 5105 of the Military Justice Act of 2016 (130 Stat.
2895) is amended by striking ``(the Uniform Code of Military
Justice)''.
(C) Subsections (b) and (c) of section 816 (article 16), as
amended by section 5161 of the Military Justice Act of 2016
(130 Stat. 2897) are amended by striking ``sections 825(d)(3)
and 829 of this title (articles 25(d)(3) and 29)'' each place
it appears and inserting ``sections 825(e)(3) and 829 of this
title (articles 25(e)(3) and 29)''.
(D) Subsection (a)(4) of section 839 (article 39), as added
by section 5222(1) of the Military Justice Act of 2016 (130
Stat. 2909), is amended by striking ``in non-capital cases
unless the accused requests sentencing by members under section
825 of this title (article 25)'' and inserting ``under section
853(b)(1) of this title (article 53(b)(1))''.
(E) Subsection (i) of section 843 (article 43), as added by
section 5225(c) of the Military Justice Act of 2016 (130 Stat.
2909), is amended by striking ``Dna Evidence.--'' and inserting
``DNA Evidence.--''.
(F) Section 848(c)(1) (article 48(c)(1)), as amended by
section 5230 of the Military Justice Act of 2016 (130 Stat.
2913), is further amended by striking ``section 866(g) of this
title (article 66(g))'' and inserting ``section 866(h) of this
title (article 66(h))''.
(G) Section 853(b)(1)(B) (article 53(b)(1)(B)), as amended
by section 5236 of the Military Justice Act of 2016 (130 Stat.
2937), is further amended by striking ``in a trial''.
(H) Subsection (d) of section 853a (article 53a), as added
by section 5237 of the Military Justice Act of 2016 (130 Stat.
2917), is amended by striking ``military judge'' the second
place it appears and inserting ``court-martial''.
(I) Section 864(a) (article 64(a)), as amended by section
5328(a) of the Military Justice Act of 2016 (130 Stat. 2929),
is further amended by striking ``(a) (a) In General.--'' and
inserting ``(a) In General.--''.
(J) Subsection (b)(1) of section 865 (article 65), as added
by section 5329 of the Military Justice Act of 2016 (130 Stat.
2930), is amended by striking ``section 866(b)(2) of this title
(article 66(b)(2))'' and inserting ``section 866(b)(3) of this
title (article 66(b)(3))''.
(K) Subsection (f)(3) of section 866 (article 66), as added
by section 5330 of the Military Justice Act of 2016 (130 Stat.
2932), is amended by inserting after ``Court'' the first place
it appears the following: ``of Criminal Appeals''.
(L) Section 869(c)(1)(A) (article 69(c)(1)(A)), as amended
by section 5333 of the Military Justice Act of 2016 (130 Stat.
2935), is further amended by inserting a comma after ``in
part''.
(M) Section 882(b) (article 82(b)), as amended by section
5403 of the Military Justice Act of 2016 (130 Stat. 2939), is
further amended by striking ``section 99'' and inserting
``section 899''.
(N) Section 919a(b) (article 119a(b)), as amended by
section 5401(13)(B) of the Military Justice Act of 2016 (130
Stat. 2939), is further amended--
(i) by striking ``928a, 926, and 928'' and inserting
``926, 928, and 928a''; and
(ii) by striking ``128a 126, and 128'' and inserting
``126, 128, and 128a''.
(O) Section 920(g)(2) (article 120(g)(2)), as amended by
section 5430(b) of the Military Justice Act of 2016 (130 Stat.
2949), is further amended in the first sentence by striking
``brest'' and inserting ``breast''.
(P) Section 928(b)(2) (article 128(b)(2)), as amended by
section 5441 of the Military Justice Act of 2016 (130 Stat.
2954), is further amended by striking the comma after
``substantial bodily harm''.
(Q) Subsection (b)(2) of section 932 (article 132), as
added by section 5450 of the Military Justice Act of 2016 (130
Stat. 2957), is amended by striking ``section 1034(h)'' and
inserting ``section 1034(j)''.
(R) Section 937 (article 137), as amended by section 5503
of the Military Justice Act of 2016 (130 Stat. 2960), is
further amended by striking ``(the Uniform Code of Military
Justice)'' each place it appears as follows:
(i) In subsection (a)(1), in the matter preceding
subparagraph (A).
(ii) In subsection (b), in the matter preceding
subparagraph (A).
(iii) In subsection (d), in the matter preceding
paragraph (1).
(2) Cross-references to stalking.--Title 10, United States
Code, is amended as follows:
(A) Section 673(a) is amended--
(i) by striking ``920a, or 920c'' and inserting ``920c,
or 930''; and
(ii) by striking ``120a, or 120c'' and inserting
``120c, or 130''.
(B) Section 674(a) is amended--
(i) by striking ``920a, 920b, 920c, or 925'' and
inserting ``920b, 920c, or 930''; and
(ii) by striking ``120a, 120b, 120c, or 125'' and
inserting ``120b, 120c, or 130''.
(C) Section 1034(c)(2)(A) is amended by striking ``sections
920 through 920c of this title (articles 120 through 120c of
the Uniform Code of Military Justice)'' and inserting ``section
920, 920b, 920c, or 930 of this title (article 120, 120b, 120c,
or 130 of the Uniform Code of Military Justice)''.
(D) Section 1044e(g)(1) is amended--
(i) by striking ``920a, 920b, 920c, or 925'' and
inserting ``920b, 920c, or 930''; and
(ii) by striking ``120a, 120b, 120c, or 125'' and
inserting ``120b, 120c, or 130''.
(3) Cross-reference in title 5.--Section 8312(b)(2)(A) of title
5, United States Code, is amended by striking ``article 106
(spies), or article 106a (espionage)'' and inserting ``article 103a
(espionage), or article 106 (spies)''.
(4) Effective date.--The amendments made by this subsection
shall take effect immediately after the amendments made by the
Military Justice Act of 2016 (division E of Public Law 114-328)
take effect as provided for in section 5542 of that Act (130 Stat.
2967).
(d) National Defense Authorization Act for Fiscal Year 2017.--
Effective as of December 23, 2016, and as if included therein as
enacted, the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) is amended as follows:
(1) Section 217(a)(2) (130 Stat. 2051) is amended by striking
``section 821b'' and inserting ``section 821(b)''.
(2) Section 233 (10 U.S.C. 2358 note; 130 Stat. 2061) is
amended in subsections (a)(1) and (b)(1), by striking
``secretaries'' and inserting ``Secretaries''.
(3) Section 728(b)(1) (130 Stat. 2234) is amended by inserting
``(c)'' after ``Section 1073b''.
(4) Section 805(a)(2) (130 Stat. 2255) is amended by striking
``The table of chapters for title 10, United States Code, is'' and
inserting ``The tables of chapters at the beginning of subtitle A,
and at the beginning of part IV of subtitle A, of title 10, United
States Code, are''.
(5) The matter to be inserted by section 824(d)(1)(B) (130
Stat. 2279) is amended--
(A) by striking ``(3)'' and inserting ``(4)''; and
(B) by striking ``(4)'' and inserting ``(5)''.
(6) Section 833(b)(2)(C) (130 Stat. 2284) is amended--
(A) in clause (ii), by striking ``Section 2330a(j) of title
10, United States Code,'' and inserting ``Section 2330a(h) of
title 10, United States Code, as redesignated by section
812(d),''; and
(B) in clause (iii), in the matter proposed to be inserted,
by striking ``section 2330a(j)'' and inserting ``section
2330a(h)''.
(7) Section 865(b)(2) (130 Stat. 2305) is amended by striking
``section 2330a(g)(5)'' and inserting ``section 2330a(h)(4)''.
(8) Section 893(c) (130 Stat. 2324) is amended by inserting
``paragraph (2) of'' after ``is further amended in''.
(9) Section 902(b) (130 Stat. 2344) is amended by striking
``Section 151(b)(5)'' and inserting ``Section 131(b)(5)''.
(10) Section 921(c) (130 Stat. 2351) is amended by inserting
after ``The text of'' the following: ``subsection (a) (after the
subsection heading)''.
(11) Section 1061(c)(23) (130 Stat. 2400) is amended by
striking ``488(c)'' and inserting ``488''.
(12) Section 1061(i) (130 Stat. 2404) is amended--
(A) in paragraph (23), by striking ``2010 (Public Law 110-
417)'' and inserting ``2009 (Public Law 110-417; 10 U.S.C.
prec. 701 note)''; and
(B) in paragraph (24), by striking ``2010'' and inserting
``2009''.
(13) Section 1064(b) (130 Stat. 2409) is amended by striking
``Public Law 113-239'' and inserting ``Public Law 112-239''.
(14) Section 1253(b) (130 Stat. 2532) is amended by striking
``this subchapter'' both places it appears and inserting ``this
subtitle''.
(15) Section 2811(c) (130 Stat. 2716) is amended by striking
``, 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''.
(16) Section 2829E(a) (130 Stat. 2733) is amended by striking
paragraph (3).
(17) Section 5225(f) (130 Stat. 2910) is amended by striking
``this subsection'' and inserting ``this section''.
(18) The table of sections to be inserted by section 5452 (130
Stat. 2958) is amended--
(A) by striking ``Art.'' each place it appears, except the
first place it appears;
(B) in the item relating to section 887a, by striking
``Resistence'' and inserting ``Resistance'';
(C) in the item relating to section 908, by striking ``of
the United States-Loss'' and inserting ``of United States-
Loss,'';
(D) in the item relating to section 909, by striking ``of
the'' and inserting ``of''; and
(E) in the item relating to section 909a, by striking the
second period at the end.
(19) The matters to be inserted by section 5541 (130 Stat.
2965) is amended--
(A) by striking ``Art.'' each place it appears;
(B) by striking ``825.'' and inserting ``825a.''; and
(C) by striking ``830.'' and inserting ``830a.''.
(e) National Defense Authorization Act for Fiscal Year 2016.--
Effective as of November 25, 2015, and as if included therein as
enacted, section 574 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 831) is amended by
striking ``1785 note'' both places it appears and inserting ``1788
note''.
(f) National Defense Authorization Act for Fiscal Year 2015.--
Effective as of December 19, 2014, and as if included therein as
enacted, section 1044(a)(2)(A) of the National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3493) is
amended by striking ``October 28'' and inserting ``September 30''.
(g) National Defense Authorization Act for Fiscal Year 2011.--
Effective as of January 7, 2011, and as if included therein as enacted,
section 896(b) of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-398; 124 Stat. 4315) is amended--
(1) in paragraph (1), by striking ``Chapter'' and inserting
``Subchapter II of chapter''; and
(2) in paragraph (2), by striking ``chapter'' and inserting
``subchapter''.
(h) National Defense Authorization Act for Fiscal Year 2009.--
Section 943(d)(1) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417), as amended by section
1205(c)(2) of Public Law 112-81 (125 Stat. 1623), is further amended by
striking the second period at the end of the first sentence.
(i) National Defense Authorization Act for Fiscal Year 2004.--
Section 1022(e) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 10 U.S.C. 271 note) is amended by
striking ``section 1004(j)'' and all that follows through the end of
the subsection and inserting ``section 284(i) of title 10, United
States Code''.
(j) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act other
than this section, the amendments made by this section shall be treated
as having been enacted immediately before any such amendments by other
provisions of this Act.
SEC. 1082. CLARIFICATION OF APPLICABILITY OF CERTAIN PROVISIONS OF LAW
TO CIVILIAN JUDGES OF THE UNITED STATES COURT OF MILITARY COMMISSION
REVIEW.
Section 950f(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5)(A) For purposes of sections 203, 205, 207, 208, and 209 of
title 18, the term `special Government employee' shall include a judge
of the Court appointed under paragraph (3).
``(B) A person appointed as a judge of the Court under paragraph
(3) shall be considered to be an officer or employee of the United
States with respect to such person's status as a judge, but only during
periods in which such person is performing the duties of such a judge.
Any provision of law that prohibits or limits the political or business
activities of an employee of the United States shall only apply to such
a judge during such periods.''.
SEC. 1083. MODIFICATION OF REQUIREMENT RELATING TO CONVERSION OF
CERTAIN MILITARY TECHNICIAN (DUAL STATUS) POSITIONS TO CIVILIAN
POSITIONS.
(a) Revised Reduction.--Section 1053(a)(1) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C.
10216 note), as amended by section 1084(a)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2421), is further amended by striking ``20 percent'' and inserting
``12.6 percent''.
(b) Technical Correction.--Section 1084(a)(2) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2421), is amended by striking ``paragraph (2)'' and inserting
``paragraph (2)(A)''.
SEC. 1084. NATIONAL GUARD ACCESSIBILITY TO DEPARTMENT OF DEFENSE ISSUED
UNMANNED AIRCRAFT.
(a) Review Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Chief of the National Guard Bureau, the Commander of United States
Northern Command, and the Commander of United States Pacific Command,
shall conduct an efficiency and effectiveness review of the governance
structure, coordination processes, documentation, and timing and
deadline requirements stipulated in Department of Defense Policy
Memorandum 15-002, entitled ``Guidance for the Domestic Use of Unmanned
Aircraft Systems'' and dated February 17, 2015. In conducting the
review, the Secretary shall take into account information and data
points provided by State governors and State adjutant generals in
assessing the efficiency and effectiveness of accessing Department of
Defense issued unmanned aircraft systems for State and National Guard
operations.
(b) Submittal to Congress.--Not later than 30 days after the
completion of the review required by subsection (a), the Secretary
shall submit the review to the Committees on Armed Services of the
Senate and House of Representatives.
SEC. 1085. SENSE OF CONGRESS REGARDING AIRCRAFT CARRIERS.
(a) Findings.--Congress makes the following findings:
(1) Naval aviation was born in the United States when Eugene
Ely launched from the deck of a United States Navy ship on November
14, 1910, in a Curtiss Model D.
(2) In 1915, Cpt. Henry C. Mustin made the first catapult
launch aboard a ship underway in a Curtiss Model AB-2, beginning a
century of technological advancements that have led to today's
Electromagnetic Aircraft Launch System.
(3) In 1924, Lt. Dixie Kiefer made the first night catapult
launch in a Vought UO-1 in San Diego harbor.
(4) The first nuclear-powered aircraft carrier, USS Enterprise
(CVN 65), was commissioned in 1961, ushering in a new era of the
world's most dominant and capable warships.
(5) In 2013, aircraft carrier USS George Washington (CVN 73)
provided humanitarian assistance, medical supplies, food, and water
to the victims in the Republic of the Philippines of Super Typhoon
Haiyan, once again demonstrating the versatility of aircraft
carriers for combat, diplomatic, and humanitarian operations.
(6) In 2017, the first of the next generation of aircraft
carriers, USS Gerald R. Ford (CVN 78), was commissioned, marking a
continuation of the innovative naval aviation spirit, technological
advancement, and war fighting capabilities of aircraft carriers.
(7) For over 70 years, aircraft carriers have been employed in
every major and many smaller conflicts, including World War II,
Korea, Vietnam, Grenada, Lebanon, Libya, Operation Desert Storm,
Afghanistan, Iraq, and the fight against terrorism.
(8) The United States Navy's aircraft carriers are a
cornerstone of the Nation's ability to project its power and
strength.
(9) When aircraft carriers sail the globe they are a statement
of national purpose and a symbol of the Nation's industrial
strength, competitive edge, and economic prosperity.
(10) Aircraft carriers are 4.5 acres of sovereign United States
territory enabling the Nation to reduce its dependency on other
nations while it pursues its national security interests.
(11) Aircraft carriers enable the United States Armed Forces to
carry out operations from international waters, often obviating the
need to obtain fly-over rights and land-base rights from other
nations.
(12) Aircraft carriers are modern, mobile United States
military bases complete with airfield, hospital, and communications
systems from which the United States can strike at its enemies.
(13) Over 90 percent of world trade is moved by sea, including
much of the world's gas and oil supply, and aircraft carriers
patrol vital regions of the world to keep shipping lanes open and
protect the interests of the United States and its allies.
(14) There are more than 2,450 companies in 48 States and over
364 congressional districts, and more than 13,100 shipbuilders, who
proudly contribute to the construction and maintenance of these
complex and technologically advanced ships.
(15) Thousands of members of the United States Armed Forces
have served the Nation aboard aircraft carriers in war, peace, and
times of crisis.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States aircraft carriers are premier sea-based power
projection platforms and have served the Nation's interests in
times of war and peace, adapting to the immediate and ever-changing
nature of the world for over 90 years; and
(2) aircraft carrier contributions and heritage should be
celebrated.
SEC. 1086. SENSE OF CONGRESS RECOGNIZING THE UNITED STATES NAVY
SEABEES.
(a) Findings.--Congress makes the following findings:
(1) On March 5, 1942, Navy Construction Force personnel, known
as the ``Seabees'', were officially established by the Navy
Department.
(2) The purpose of the Navy Seabees is to build, maintain, and
support base infrastructure in remote locations for the Navy and
Marine Corps, while simultaneously being capable of engaging in
combat operations.
(3) The Navy Seabees dual-role is exemplified by the Seabee
motto Construimus, Batuimus: We Build, We Fight.
(4) Throughout their history, the Navy Seabees have answered
the call of duty to protect the United States and its democratic
values both in times of war and peace.
(5) The Navy Seabees support United States national security at
Navy fleet and combatant commands worldwide, through the
construction, both on land and underwater, of bases, airfields,
roads, bridges, and other infrastructure.
(6) The Navy Seabees and their families have demonstrated
unmatched courage and dedication to sacrifice for the United
States, from service in World War II, Korea, and Vietnam to the
recent conflicts in Afghanistan, Iraq, and elsewhere.
(7) The Navy Seabees exhibit honor, personal courage, and
commitment as they sacrifice their personal comfort to keep the
United States safe from threats.
(8) The Navy Seabees continue to display strength,
professionalism, and bravery in the all-volunteer force.
(b) Sense of Congress.--Congress recognizes the United States Navy
Seabees and the Navy personnel who comprise the construction force for
the Navy and the Marine Corps as critical elements in deterring
conflict, overcoming aggression, and rebuilding democratic
institutions.
SEC. 1087. CONSTRUCTION OF MEMORIAL TO THE CREW OF THE APOLLO I LAUNCH
TEST ACCIDENT AT ARLINGTON NATIONAL CEMETERY.
Subject to applicable requirements of section 2409(b)(2)(E) of
title 38, United States Code, the Secretary of the Army, in
consultation with the Administrator of the National Aeronautics and
Space Administration, the Commission of Fine Arts, and the Advisory
Committee on Arlington National Cemetery, shall authorize the
construction, at an appropriate place in Arlington National Cemetery,
Virginia, of a memorial marker honoring the three members of the crew
of the Apollo I who died during a launch rehearsal test on January 27,
1967, in Cape Canaveral, Florida. The memorial may not be constructed
in a location that is otherwise suitable as an interment site.
SEC. 1088. DEPARTMENT OF DEFENSE ENGAGEMENT WITH COVERED NON-FEDERAL
ENTITIES.
(a) Review of Current Guidance.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly conduct a review of the guidance of
the Department of Defense applicable to Department of Defense
engagements with covered non-Federal entities.
(b) Additional Guidance.--If the Secretary of Defense and the
Secretary of State determine pursuant to the review under subsection
(a) that additional guidance is required in connection with Department
of Defense engagements with covered non-Federal entities, the Secretary
of Defense, with the concurrence of the Secretary of State, shall, by
not later than 180 days after the date of the enactment of this Act,
issue such additional guidance as the Secretaries consider appropriate
in light of the review. Any such additional guidance shall be
consistent with--
(1) applicable law, as in effect on the date of the enactment
of this Act;
(2) Department of Defense guidance with respect to solicitation
and preferential treatment, as in effect on the date of the
enactment of this Act, including such guidance specified in the
Department of Defense Joint Ethics Regulations; and
(3) the principle that the Department of State and the United
States Agency for International Development are the principal
United States agencies with primary responsibility for providing
and coordinating humanitarian and economic assistance.
(c) Briefing.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly provide to the Committees on Armed Services of the
Senate and the House of Representatives, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs of the
House of Representatives a briefing on the findings of the review
required under subsection (a).
(d) Covered Non-Federal Entity Defined.--In this section, the term
``covered non-Federal entity'' means an organization that--
(1) is based in the United States;
(2) has an independent board of directors and is subject to
independent financial audits;
(3) is substantially privately-funded;
(4) is described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section 501(a) of
such Code;
(5) provides international assistance; and
(6) has a stated mission of supporting United States military
missions abroad.
SEC. 1089. PRIZE COMPETITION TO IDENTIFY ROOT CAUSE OF PHYSIOLOGICAL
EPISODES ON NAVY, MARINE CORPS, AND AIR FORCE TRAINING AND OPERATIONAL
AIRCRAFT.
(a) In General.--Under the authority of section 2374a of title 10,
United States Code, and section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719), the Secretary of Defense, in
consultation with the Secretary of the Navy, the Secretary of the Air
Force, the Commandant of the Marine Corps, and the heads of any other
appropriate Federal agencies that have experience in prize
competitions, and when appropriate, in coordination with private
organizations, may establish a prize competition designed to accelerate
identification of the root cause or causes of, or find solutions to,
physiological episodes experienced in Navy, Marine Corps, and Air Force
training and operational aircraft.
(b) Evaluation of Personnel.--The Secretary of Defense, or the
Secretary's designee, shall select the person or persons to conduct the
competition authorized in subsection (a) and evaluate any submissions.
(c) Limitation.--The Secretary of Defense may not exercise the
authority under subsection (a) before the date that is 15 days after
the date on which the Secretary of Defense submits to congressional
defense committees certification in writing that the use of the
authority will not compromise classified information, proprietary
information, or intellectual property.
SEC. 1090. PROVIDING ASSISTANCE TO HOUSE OF REPRESENTATIVES IN RESPONSE
TO CYBERSECURITY EVENTS.
(a) Provision of Assistance.--If the Speaker of the House of
Representatives (or the Speaker's designee), with the concurrence of
the Minority Leader of the House of Representatives (or the Minority
Leader's designee), determines that a cybersecurity event has occurred
and that containing, mitigating, or resolving the event exceeds the
resources of the House of Representatives, then notwithstanding any
other provision of law or any rule, regulation, or executive order--
(1) the Speaker may request assistance in responding to the
event from the head of any Executive department, military
department, or independent establishment;
(2) not later than 24 hours after receiving the request, the
head of the department or establishment shall begin to provide
appropriate assistance in response to the incident, including (if
necessary) restoring the information systems of the House to an
operational state which allows for the continuation of the
legislative process and for Members, officers, and employees of the
House to continue to meet their official and representational
duties; and
(3) such assistance shall be provided without reimbursement by
the House of Representatives.
(b) Scope of Assistance.--
(1) In general.--The assistance provided to the Speaker by the
head of a department or establishment under this section may
consist only of a type that the head of the department or
establishment is authorized under law to provide to the department
or establishment, another Executive department, military
department, or independent establishment, or a private entity.
(2) Connections between department or establishment and house
information systems.--In providing assistance under this section--
(A) personnel of a department or establishment may not log
onto the information systems of the House without the
authorization of the Speaker (or the Speaker's designee); and
(B) personnel of a department or establishment may provide
the House with access to technological support services of the
department or establishment, including by authorizing personnel
or systems of the House to connect with and operate services or
programs of the department or establishment with guidance from
subject matter experts of the department or establishment.
(c) Termination of Assistance.--
(1) Termination upon notice from speaker.--After initiating
assistance under this section, the head of the department or
establishment shall continue providing assistance until the Speaker
(or Speaker's designee) notifies the head of the department or
establishment that the cybersecurity incident has terminated and
that it is no longer necessary for the department or establishment
to provide post-incident assistance.
(2) Removal of technological support services.--Upon receiving
notice from the Speaker under paragraph (1), the head of the
department or establishment shall ensure that any technological
support services or programs of the department or establishment are
removed from the information systems of the House, and that
personnel of the department or establishment are no longer
monitoring such systems.
(d) Compliance With Existing Standards.--In providing assistance
under this section, the head of the Executive department, military
department, or independent establishment shall meet the requirements of
section 113 of the Legislative Branch Appropriations Act, 2017 (Public
Law 115-31).
(e) No Effect on Other Authority to Provide Support.--Nothing in
this section may be construed to affect the authority of an Executive
department, military department, or independent establishment to
provide any support, including cybersecurity support, to the House of
Representatives under any other law, rule, or regulation.
(f) Definitions.--In this section, each of the terms ``Executive
department'', ``military department'', and ``independent
establishment'' has the meaning given such term in chapter 1 of title
5, United States Code.
SEC. 1091. TRANSFER OF SURPLUS FIREARMS TO CORPORATION FOR THE
PROMOTION OF RIFLE PRACTICE AND FIREARMS SAFETY.
(a) Transfer Requirement.--
(1) In general.--During fiscal years 2018 and 2019, the
Secretary of the Army shall transfer surplus caliber .45 M1911/
M1911A1 pistols described in paragraph (2) to the Corporation for
the Promotion of Rifle Practice and Firearms Safety in accordance
with this section.
(2) Pistols described.--The pistols described in this paragraph
are surplus caliber .45 M1911/M1911A1 pistols and spare parts and
related accessories for those pistols that, on the date of the
enactment of this section, are under the control of the Secretary
and are surplus to the requirements of the Department of the Army.
(3) Number to be transferred.--
(A) Total number.--For any fiscal year, a total of not more
than 10,000 surplus caliber .45 M1911/M1911A1 pistols may be
transferred to the Corporation under this section and section
40728 of title 36, United States Code.
(B) Fiscal year 2018.--For fiscal year 2018, not less than
8,000 surplus caliber .45 M1911/M1911A1 pistols shall be
transferred to the Corporation pursuant to this section.
(4) Terms of transfers.--Subsections (b), (c), (d), (e), and
(g) of section 40728 of title 36, United States Code, shall apply
to a transfer under this section in the same manner such
subsections apply to transfers of firearms under such section
40728.
(5) Other requirements.--Except as provided in subsection
(b)(1), subchapter II of chapter 407 of title 36, United States
Code, shall apply with respect to firearms transferred under this
section.
(b) Suspension of Discretionary Transfer Authority.--
(1) In general.--During the period described in paragraph (2),
the Secretary of the Army may only transfer surplus caliber .45
M1911/M1911A1 pistols to the Corporation under the authority of
this section and may not transfer such pistols to such Corporation
under section 40728 of title 36, United States Code.
(2) Period described.--The period described in this paragraph
is the period beginning on the date of the enactment of this Act
and ending on the earlier of the following dates:
(A) The date that is 60 days after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2020.
(B) June 1, 2020.
(c) Conforming Repeal of Pilot Program for Transfer of Pistols.--
Section 1087 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 1012) is amended by striking
subsections (b) and (c).
(d) Reports on Transfers.--
(1) In general.--For each fiscal year during which the
Secretary transfers surplus caliber .45 M1911/M1911A1 pistols under
subsection (a), the Secretary shall submit to Congress a report
detailing the transfer and sale of such pistols during such fiscal
year. A report under this paragraph for a fiscal year shall be
submitted not later than 5 days after the budget of the President
for the subsequent fiscal year is submitted to Congress under
section 1105 of title 31, United States Code.
(2) Contents of report.--Each report submitted under paragraph
(1) shall include, for the fiscal year covered by the report--
(A) the number of surplus caliber .45 M1911/M1911A1 pistols
transferred to the Corporation under subsection (a);
(B) the number of such pistols sold by the Corporation; and
(C) to the extent feasible based on the information
available to the Secretary, information on any crimes committed
using any such pistols transferred to or sold by the
Corporation.
(e) Evaluation of Corporation.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Army shall enter into
an agreement with a Federally funded research and development
center with relevant expertise to conduct an evaluation of the
Corporation for the Promotion for Rifle Practice and Firearms
Safety for the purpose of assessing future transfers of excess
firearms to the Corporation.
(2) Elements.--The evaluation required under paragraph (1)
shall include the following elements:
(A) An assessment of the effectiveness of the Civilian
Marksmanship Program, including an examination of the functions
and activities of the Program, as described in section 40722 of
title 36, United States Code, that support the mission of the
Program.
(B) A comparison the Civilian Marksmanship Program to
similar organizations that offer instruction in marksmanship,
firearm practice and safety, and opportunities for marksmanship
competitions.
(C) An evaluation of benefits the Army receives from the
Civilian Marksmanship Program relative to the resources the
Army provides to the Program.
(D) An assessment of present and prospective funding models
to support a transition to self-sustainment, including
opportunities for non-Federal resources.
(E) An assessment of the costs and profits associated with
the transfer of excess firearms from the Army to the Civilian
Marksmanship Program (including the costs associated with the
storage, inspection, and, refurbishment of such firearms),
which shall be determined with respect to surplus caliber .45
M1911/M1911A pistols using data from a minimum of 8,000 sales
transactions.
(F) Any other matters the Secretary determines appropriate.
(3) Report to congress.--The Secretary shall submit to the
congressional defense committees a report on the results of the
evaluation by not later than January 1, 2019, and shall provide
interim briefings upon request.
(f) Comptroller General Reviews.--
(1) Concurrent review of corportion.--
(A) In general.--At the same time as the Federally funded
research and development center conducts the evaluation under
subsection (d), the Comptroller General shall conduct a review
of the Corporation for the Promotion for Rifle Practice and
Firearms Safety.
(B) Elements.--The review required under paragraph (1)
shall include the following elements:
(i) A review of whether the procedures relating to
sales of surplus caliber .45 M1911/M1911A pistols covered
by the evaluation were conducted in accordance with
applicable Federal laws.
(ii) A review of the business operations of the
Civilian Marksmanship Program in comparison to the business
operations of other Federally chartered organizations.
(iii) An evaluation of any authorities or agreements
governing the relationship between the Army and the
Program.
(iv) An assessment of the financial operations of the
Civilian Marksmanship Program, including how the Program's
endowment is funded by the proceeds from sales of excess
weapons transferred to the Program from the Army.
(v) An assessment of the costs and profits associated
with the transfer of excess firearms from the Army to the
Civilian Marksmanship Program, which shall be determined
with respect to surplus caliber .45 M1911/M1911A1 pistols
using data from a minimum of 8,000 sales transactions.
(vi) Any other matters the Comptroller General
determines are relevant.
(C) Report to congress.--The Comptroller General shall
submit to the congressional defense committees a report on the
review required by subparagraph (A) by not later than January
1, 2019.
(2) Review of ffrdc report.--
(A) In general.--The Comptroller General shall conduct a
review of the report submitted under subsection (d)(3).
(B) Briefing.--Not later than 60 days after the Secretary
of the Army submits the report required under subsection
(d)(3), the Comptroller General shall provide to the
congressional defense committees a briefing on the preliminary
results of the review required by paragraph (1).
(C) Report.--Not later than 120 days after the Secretary
submits such report, the Comptroller General shall submit to
the congressional defense committees a report containing the
findings and recommendations of the Comptroller General
pursuant to the review required by paragraph (1).
SEC. 1092. COLLABORATION BETWEEN FEDERAL AVIATION ADMINISTRATION AND
DEPARTMENT OF DEFENSE ON UNMANNED AIRCRAFT SYSTEMS.
(a) Collaboration.--
(1) In general.--The Administrator of the Federal Aviation
Administration and the Secretary of Defense may collaborate on
sense-and-avoid capabilities for unmanned aircraft systems.
(2) Elements.--The collaboration described in paragraph (1) may
include, as appropriate, the following:
(A) Sharing information on safely integrating unmanned
aircraft systems and manned aircraft in the national airspace
system.
(B) The development of civil standards, policies, and
procedures for the Federal Aviation Administration for
integrating unmanned aircraft systems in the national airspace
system by leveraging the historical and current testing,
training, and operational experiences of the Department of
Defense, particularly the Air Force, of unmanned flight
operations
(C) Informing stakeholders about--
(i) the development of airborne and ground-based sense-
and-avoid capabilities for unmanned aircraft systems; and
(ii) research and development on unmanned aircraft
systems, especially with respect to matters involving human
factors, information assurance, and security.
(b) Participation by FAA in DOD Activities.--
(1) In general.--The Administrator of the Federal Aviation
Administration may participate, and provide assistance to the
Secretary of Defense for activities during the test and evaluation
efforts of the Department of Defense, including the Air Force,
relating to airborne and ground-based sense-and-avoid capabilities
for unmanned aircraft systems.
(2) Participation through test sites.--Participation under
paragraph (1) may include provision of assistance through
Department of Defense unmanned air