[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5515 Enrolled Bill (ENR)]
H.R.5515
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To authorize appropriations for fiscal year 2019 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.
(a) In General.--This Act may be cited as the ``John S. McCain
National Defense Authorization Act for Fiscal Year 2019''.
(b) References.--Any reference in this or any other Act to the
``National Defense Authorization Act for Fiscal Year 2019'' shall be
deemed to be a reference to the ``John S. McCain National Defense
Authorization Act for Fiscal Year 2019''.
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. National Guard and reserve component equipment report.
Sec. 112. Deployment by the Army of an interim cruise missile defense
capability.
Subtitle C--Navy Programs
Sec. 121. Procurement authority for Ford class aircraft carrier program.
Sec. 122. Full ship shock trial for Ford class aircraft carrier.
Sec. 123. Sense of Congress on accelerated production of aircraft
carriers.
Sec. 124. Multiyear procurement authority for standard missile-6.
Sec. 125. Multiyear procurement authority for E-2D aircraft.
Sec. 126. Multiyear procurement authority for F/A-18E/F aircraft and EA-
18G aircraft.
Sec. 127. Modifications to F/A-18 aircraft to mitigate physiological
episodes.
Sec. 128. Frigate class ship program.
Sec. 129. Contract requirement for Virginia class submarine program.
Sec. 130. Prohibition on availability of funds for Navy port waterborne
security barriers.
Sec. 131. Extension of limitation on use of sole-source shipbuilding
contracts for certain vessels.
Sec. 132. Limitation on availability of funds for M27 Infantry Automatic
Rifle program.
Sec. 133. Report on degaussing standards for DDG-51 destroyers.
Subtitle D--Air Force Programs
Sec. 141. Inventory requirement for air refueling tanker aircraft;
limitation on retirement of KC-10A aircraft.
Sec. 142. Multiyear procurement authority for C-130J aircraft program.
Sec. 143. Contract for logistics support for VC-25B aircraft.
Sec. 144. Retirement date for VC-25A aircraft.
Sec. 145. Repeal of funding restriction for EC-130H Compass Call
Recapitalization Program.
Sec. 146. Limitation on use of funds for KC-46A aircraft pending
submittal of certification.
Sec. 147. Limitation on availability of funds for retirement of E-8
JSTARS Aircraft.
Sec. 148. Report on modernization of B-52H aircraft systems.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 151. Procurement authority for additional icebreaker vessels.
Sec. 152. Buy-to-budget acquisition of F-35 aircraft.
Sec. 153. Certification on inclusion of technology to minimize
physiological episodes in certain aircraft.
Sec. 154. Armored commercial passenger-carrying vehicles.
Sec. 155. Quarterly updates on the F-35 Joint Strike Fighter program.
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. Modification of authority to carry out certain prototype
projects.
Sec. 212. Extension of directed energy prototype authority.
Sec. 213. Prohibition on availability of funds for the Weather Common
Component program.
Sec. 214. Limitation on availability of funds for F-35 continuous
capability development and delivery.
Sec. 215. Limitation on availability of funds pending report on agile
software development and software operations.
Sec. 216. Limitation on availability of funds for certain high energy
laser advanced technology.
Sec. 217. Plan for the Strategic Capabilities Office of the Department
of Defense.
Sec. 218. National Defense Science and Technology Strategy.
Sec. 219. Modification of CVN-73 to support fielding of MQ-25 unmanned
aerial vehicle.
Sec. 220. Establishment of innovators information repository in the
Department of Defense.
Sec. 221. Strategic plan for Department of Defense test and evaluation
resources.
Sec. 222. Collaboration between Defense laboratories, industry, and
academia; open campus program.
Sec. 223. Permanent extension and codification of authority to conduct
technology protection features activities during research and
development of defense systems.
Sec. 224. Codification and reauthorization of Defense Research and
Development Rapid Innovation Program.
Sec. 225. Procedures for rapid reaction to emerging technology.
Sec. 226. Activities on identification and development of enhanced
personal protective equipment against blast injury.
Sec. 227. Human factors modeling and simulation activities.
Sec. 228. Expansion of mission areas supported by mechanisms for
expedited access to technical talent and expertise at academic
institutions.
Sec. 229. Advanced manufacturing activities.
Sec. 230. National security innovation activities.
Sec. 231. Partnership intermediaries for promotion of defense research
and education.
Sec. 232. Limitation on use of funds for Surface Navy Laser Weapon
System.
Sec. 233. Expansion of coordination requirement for support for national
security innovation and entrepreneurial education.
Sec. 234. Defense quantum information science and technology research
and development program.
Sec. 235. Joint directed energy test activities.
Sec. 236. Requirement for establishment of arrangements for expedited
access to technical talent and expertise at academic
institutions to support Department of Defense missions.
Sec. 237. Authority for Joint Directed Energy Transition Office to
conduct research relating to high powered microwave
capabilities.
Sec. 238. Joint artificial intelligence research, development, and
transition activities.
Subtitle C--Reports and Other Matters
Sec. 241. Report on survivability of air defense artillery.
Sec. 242. T-45 aircraft physiological episode mitigation actions.
Sec. 243. Report on efforts of the Air Force to mitigate physiological
episodes affecting aircraft crewmembers.
Sec. 244. Report on Defense Innovation Unit Experimental.
Sec. 245. Modification of funding criteria under Historically Black
Colleges and Universities and minority institutions program.
Sec. 246. Report on OA-X light attack aircraft applicability to partner
nation support.
Sec. 247. Reports on comparative capabilities of adversaries in key
technology areas.
Sec. 248. Report on active protection systems for armored combat and
tactical vehicles.
Sec. 249. Next Generation Combat Vehicle.
Sec. 250. Modification of reports on mechanisms to provide funds to
defense laboratories for research and development of
technologies for military missions.
Sec. 251. Briefings on Mobile Protected Firepower and Future Vertical
Lift programs.
Sec. 252. Improvement of the Air Force supply chain.
Sec. 253. Review of guidance on blast exposure during training.
Sec. 254. Competitive acquisition strategy for Bradley Fighting Vehicle
transmission replacement.
Sec. 255. Independent assessment of electronic warfare plans and
programs.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Explosive Ordnance Disposal Defense Program.
Sec. 312. Further improvements to energy security and resilience.
Sec. 313. Use of proceeds from sales of electrical energy derived from
geothermal resources for projects at military installations
where resources are located.
Sec. 314. Operational energy policy.
Sec. 315. Funding of study and assessment of health implications of per-
and polyfluoroalkyl substances contamination in drinking water
by agency for toxic substances and disease registry.
Sec. 316. Extension of authorized periods of permitted incidental
takings of marine mammals in the course of specified
activities by Department of Defense.
Sec. 317. Department of Defense environmental restoration programs.
Sec. 318. Joint study on the impact of wind farms on weather radars and
military operations.
Sec. 319. Core sampling at Joint Base San Antonio, Texas.
Sec. 320. Production and use of natural gas at Fort Knox, Kentucky.
Subtitle C--Logistics and Sustainment
Sec. 321. Authorizing use of working capital funds for unspecified minor
military construction projects related to revitalization and
recapitalization of defense industrial base facilities.
Sec. 322. Examination of Navy vessels.
Sec. 323. Limitation on length of overseas forward deployment of naval
vessels.
Sec. 324. Temporary modification of workload carryover formula.
Sec. 325. Limitation on use of funds for implementation of elements of
master plan for redevelopment of Former Ship Repair Facility
in Guam.
Sec. 326. Business case analysis for proposed relocation of J85 Engine
Regional Repair Center.
Sec. 327. Report on pilot program for micro-reactors.
Sec. 328. Limitation on modifications to Navy Facilities Sustainment,
Restoration, and Modernization structure and mechanism.
Subtitle D--Reports
Sec. 331. Reports on readiness.
Sec. 332. Matters for inclusion in quarterly reports on personnel and
unit readiness.
Sec. 333. Annual Comptroller General reviews of readiness of Armed
Forces to conduct full spectrum operations.
Sec. 334. Surface warfare training improvement.
Sec. 335. Report on optimizing surface Navy vessel inspections and crew
certifications.
Sec. 336. Report on depot-level maintenance and repair.
Sec. 337. Report on wildfire suppression capabilities of active and
reserve components.
Sec. 338. Report on relocation of steam turbine production from Nimitz-
class and Ford-class aircraft carriers and Virginia-class and
Columbia-class submarines.
Sec. 339. Report on Specialized Undergraduate Pilot Training production,
resourcing, and locations.
Sec. 340. Report on Air Force airfield operational requirements.
Sec. 341. Report on Navy surface ship repair contract costs.
Subtitle E--Other Matters
Sec. 351. Coast Guard representation on explosive safety board.
Sec. 352. Transportation to continental United States of retired
military working dogs outside the continental United States
that are suitable for adoption in the United States.
Sec. 353. Scope of authority for restoration of land due to mishap.
Sec. 354. Repurposing and reuse of surplus Army firearms.
Sec. 355. Study on phasing out open burn pits.
Sec. 356. Notification requirements relating to changes to uniform of
members of the uniformed services.
Sec. 357. Reporting on future years budgeting by subactivity group.
Sec. 358. Limitation on availability of funds for service-specific
Defense Readiness Reporting Systems.
Sec. 359. Prioritization of environmental impacts for facilities
sustainment, restoration, and modernization demolition.
Sec. 360. Sense of Congress relating to Soo Locks, Sault Sainte Marie,
Michigan.
Sec. 361. U.S. Special Operations Command Civilian Personnel.
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. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Repeal of requirement for ability to complete 20 years of
service by age 62 as qualification for original appointment as
a regular commissioned officer.
Sec. 502. Enhancement of availability of constructive service credit for
private sector training or experience upon original
appointment as a commissioned officer.
Sec. 503. Standardized temporary promotion authority across the military
departments for officers in certain grades with critical
skills.
Sec. 504. Authority for promotion boards to recommend officers of
particular merit be placed higher on a promotion list.
Sec. 505. Authority for officers to opt out of promotion board
consideration.
Sec. 506. Applicability to additional officer grades of authority for
continuation on active duty of officers in certain military
specialties and career tracks.
Sec. 507. Alternative promotion authority for officers in designated
competitive categories of officers.
Sec. 508. Attending Physician to the Congress.
Sec. 509. Matters relating to satisfactory service in grade for purposes
of retirement grade of officers in highest grade of
satisfactory service.
Sec. 510. Grades of Chiefs of Chaplains.
Sec. 511. Repeal of original appointment qualification requirement for
warrant officers in the regular Army.
Sec. 512. Reduction in number of years of active naval service required
for permanent appointment as a limited duty officer.
Sec. 513. Authority to designate certain reserve officers as not to be
considered for selection for promotion.
Sec. 514. GAO review of surface warfare career paths.
Subtitle B--Reserve Component Management
Sec. 515. Authorized strength and distribution in grade.
Sec. 516. Repeal of prohibition on service on Army Reserve Forces Policy
Committee by members on active duty.
Sec. 517. Expansion of personnel subject to authority of the Chief of
the National Guard Bureau in the execution of functions and
missions of the National Guard Bureau.
Sec. 518. Authority to adjust effective date of promotion in the event
of undue delay in extending Federal recognition of promotion.
Sec. 519. National Guard Youth Challenge Program.
Sec. 520. Extension of authority for pilot program on use of retired
senior enlisted members of the Army National Guard as Army
National Guard recruiters.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Enlistments vital to the national interest.
Sec. 522. Statement of benefits.
Sec. 523. Modification to forms of support that may be accepted in
support of the mission of the Defense POW/MIA Accounting
Agency.
Sec. 524. Assessment of Navy standard workweek and related adjustments.
Sec. 525. Notification on manning of afloat naval forces.
Sec. 526. Navy watchstander records.
Sec. 527. Qualification experience requirements for certain Navy
watchstations.
Subtitle D--Military Justice
Sec. 531. Inclusion of strangulation and suffocation in conduct
constituting aggravated assault for purposes of the Uniform
Code of Military Justice.
Sec. 532. Punitive article on domestic violence under the Uniform Code
of Military Justice.
Sec. 533. Authorities of Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed
Forces.
Sec. 534. Report on feasibility of expanding services of the Special
Victims' Counsel to victims of domestic violence.
Sec. 535. Uniform command action form on disposition of unrestricted
sexual assault cases involving members of the Armed Forces.
Sec. 536. Standardization of policies related to expedited transfer in
cases of sexual assault or domestic violence.
Subtitle E--Other Legal Matters
Sec. 541. Clarification of expiration of term of appellate military
judges of the United States Court of Military Commission
Review.
Sec. 542. Security clearance reinvestigation of certain personnel who
commit certain offenses.
Sec. 543. Development of oversight plan for implementation of Department
of Defense harassment prevention and response policy.
Sec. 544. Oversight of registered sex offender management program.
Sec. 545. Development of resource guides regarding sexual assault for
the military service academies.
Sec. 546. Improved crime reporting.
Sec. 547. Report on victims of sexual assault in reports of military
criminal investigative organizations.
Subtitle F--Member Education, Training, Resilience, and Transition
Sec. 551. Permanent career intermission program.
Sec. 552. Improvements to Transition Assistance Program.
Sec. 553. Repeal of program on encouragement of postseparation public
and community service.
Sec. 554. Clarification of application and honorable service
requirements under the Troops-to-Teachers Program to members
of the Retired Reserve.
Sec. 555. Employment and compensation of civilian faculty members at the
Joint Special Operations University.
Sec. 556. Program to assist members of the Armed Forces in obtaining
professional credentials.
Sec. 557. Enhancement of authorities in connection with Junior Reserve
Officers' Training Corps programs.
Sec. 558. Expansion of period of availability of Military OneSource
program for retired and discharged members of the Armed Forces
and their immediate families.
Sec. 559. Prohibition on use of funds for attendance of enlisted
personnel at senior level and intermediate level officer
professional military education courses.
Subtitle G--Defense Dependents' Education
Sec. 561. Assistance to schools with military dependent students.
Sec. 562. Department of Defense Education Activity policies and
procedures on sexual harassment of students of Activity
schools.
Sec. 563. Department of Defense Education Activity misconduct database.
Sec. 564. Assessment and report on active shooter threat mitigation at
schools located on military installations.
Subtitle H--Military Family Readiness Matters
Sec. 571. Department of Defense Military Family Readiness Council
matters.
Sec. 572. Enhancement and clarification of family support services for
family members of members of special operations forces.
Sec. 573. Temporary expansion of authority for noncompetitive
appointments of military spouses by Federal agencies.
Sec. 574. Improvement of My Career Advancement Account program for
military spouses.
Sec. 575. Assessment and report on the effects of permanent changes of
station on employment among military spouses.
Sec. 576. Provisional or interim clearances to provide childcare
services at military childcare centers.
Sec. 577. Multidisciplinary teams for military installations on child
abuse and other domestic violence.
Sec. 578. Pilot program for military families: prevention of child abuse
and training on safe childcare practices.
Sec. 579. Assessment and report on small business activities of military
spouses on military installations in the United States.
Subtitle I--Decorations and Awards
Sec. 581. Atomic veterans service certificate.
Sec. 582. Award of medals or other commendations to handlers of military
working dogs.
Sec. 583. Authorization for award of distinguished-service cross to
Justin T. Gallegos for acts of valor during Operation Enduring
Freedom.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Annual defense manpower requirements report matters.
Sec. 592. Burial of unclaimed remains of inmates at the United States
Disciplinary Barracks Cemetery, Fort Leavenworth, Kansas.
Sec. 593. Standardization of frequency of academy visits of the Air
Force Academy Board of Visitors with academy visits of boards
of other military service academies.
Sec. 594. National Commission on Military, National, and Public Service
matters.
Sec. 595. Public availability of top-line numbers of deployed members of
the Armed Forces.
Sec. 596. Report on general and flag officer costs.
Sec. 597. Study on active service obligations for medical training with
other service obligations for education or training and health
professional recruiting.
Sec. 598. Criteria for interment at Arlington National Cemetery.
Sec. 599. Limitation on use of funds pending submittal of report on Army
Marketing and Advertising Program.
Sec. 600. Proof of period of military service for purposes of interest
rate limitation under the Servicemembers Civil Relief Act.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Repeal of authority for payment of personal money allowances
to Navy officers serving in certain positions.
Sec. 602. Eligibility of reserve component members for high-deployment
allowance for lengthy or numerous deployments and frequent
mobilizations.
Sec. 603. Prohibition on per diem allowance reductions based on the
duration of temporary duty assignment or civilian travel.
Sec. 604. Extension of parking expenses allowance to civilian employees
at recruiting facilities.
Sec. 605. Eligibility of reserve component members for nonreduction in
pay while serving in the uniformed services or National Guard.
Sec. 606. Military Housing Privatization Initiative.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 612. Report on imminent danger pay and hostile fire pay.
Subtitle C--Other Matters
Sec. 621. Extension of certain morale, welfare, and recreation
privileges to certain veterans and their caregivers.
Sec. 622. Technical corrections in calculation and publication of
special survivor indemnity allowance cost of living
adjustments.
Sec. 623. Authority to award damaged personal protective equipment to
members separating from the Armed Forces and veterans as
mementos of military service.
Sec. 624. Space-available travel on Department of Defense aircraft for
veterans with service-connected disabilities rated as total.
Sec. 625. Mandatory increase in insurance coverage under Servicemembers'
Group Life Insurance for members deployed to combat theaters
of operation.
Sec. 626. Access to military installations for certain surviving spouses
and other next of kin of members of the Armed Forces who die
while on active duty or certain reserve duty.
Sec. 627. Study and report on development of a single defense resale
system.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Cessation of requirement for mental health assessment of
members after redeployment from a contingency operation upon
discharge or release from the Armed Forces.
Sec. 702. Pilot program on treatment of members of the Armed Forces for
post-traumatic stress disorder related to military sexual
trauma.
Subtitle B--Health Care Administration
Sec. 711. Improvement of administration of the Defense Health Agency and
military medical treatment facilities.
Sec. 712. Organizational framework of the military healthcare system to
support the medical requirements of the combatant commands.
Sec. 713. Administration of TRICARE dental plans through the Federal
Employees Dental and Vision Insurance Program.
Sec. 714. Streamlining of TRICARE Prime beneficiary referral process.
Sec. 715. Sharing of information with State prescription drug monitoring
programs.
Sec. 716. Pilot program on opioid management in the military health
system.
Sec. 717. Wounded warrior policy review.
Sec. 718. Medical simulation technology and live tissue training within
the Department of Defense.
Sec. 719. Improvements to trauma center partnerships.
Sec. 720. Improvement to notification to Congress of hospitalization of
combat-wounded members of the Armed Forces.
Subtitle C--Reports and Other Matters
Sec. 731. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 732. Joint forces medical capabilities development and
standardization.
Sec. 733. Inclusion of gambling disorder in health assessments of
members of the Armed Forces and related research efforts.
Sec. 734. Report on requirement for certain former members of the Armed
Forces to enroll in Medicare Part B to be eligible for TRICARE
for Life.
Sec. 735. Pilot program on earning by special operations forces medics
of credit toward a physician assistant degree.
Sec. 736. Strategic medical research plan.
Sec. 737. Comptroller General of the United States review of Defense
Health Agency oversight of transition between managed care
support contractors for the TRICARE program.
Sec. 738. Comptroller General study on availability of long-term care
options for veterans from Department of Veterans Affairs.
Sec. 739. Increase in number of appointed members of the Henry M.
Jackson Foundation for the Advancement of Military Medicine.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 800. Effective dates; coordination of amendments.
Subtitle A--Streamlining of Defense Acquisition Statutes and Regulations
Part I--Consolidation of Defense Acquisition Statutes in New Part V of
Subtitle A of Title 10, United States Code
Sec. 801. Framework for new part V of subtitle A.
Part II--Redesignation of Sections and Chapters of Subtitles B, C, and D
to Provide Room for New Part V of Subtitle A
Sec. 806. Redesignation of sections and chapters of subtitle D of title
10, United States Code--Air Force.
Sec. 807. Redesignation of sections and chapters of subtitle C of title
10, United States Code--Navy and Marine Corps.
Sec. 808. Redesignation of sections and chapters of subtitle B of title
10, United States Code--Army.
Sec. 809. Cross references to redesignated sections and chapters.
Part III--Repeals of Certain Provisions of Defense Acquisition Law
Sec. 811. Amendment to and repeal of statutory requirements for certain
positions or offices in the Department of Defense.
Sec. 812. Repeal of certain defense acquisition laws.
Sec. 813. Repeal of certain Department of Defense reporting
requirements.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 816. Modification of limitations on single source task or delivery
order contracts.
Sec. 817. Preliminary cost analysis requirement for exercise of
multiyear contract authority.
Sec. 818. Revision of requirement to submit information on services
contracts to Congress.
Sec. 819. Data collection and inventory for services contracts.
Sec. 820. Report on clarification of services contracting definitions.
Sec. 821. Increase in micro-purchase threshold applicable to Department
of Defense.
Sec. 822. Department of Defense contracting dispute matters.
Sec. 823. Inclusion of best available information regarding past
performance of subcontractors and joint venture partners.
Sec. 824. Subcontracting price and approved purchasing systems.
Sec. 825. Modification of criteria for waivers of requirement for
certified cost and price data.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Revisions in authority relating to program cost targets and
fielding targets for major defense acquisition programs.
Sec. 832. Implementation of recommendations of the Independent Study on
Consideration of Sustainment in Weapons Systems Life Cycle.
Sec. 833. Comptroller General assessment of acquisition programs and
related initiatives.
Subtitle D--Provisions Relating to Commercial Items
Sec. 836. Revision of definition of commercial item for purposes of
Federal acquisition statutes.
Sec. 837. Limitation on applicability to Department of Defense
commercial contracts of certain provisions of law.
Sec. 838. Modifications to procurement through commercial e-commerce
portals.
Sec. 839. Review of Federal acquisition regulations on commercial
products, commercial services, and commercially available off-
the-shelf items.
Subtitle E--Industrial Base Matters
Sec. 841. Report on limited sourcing of specific components for Naval
vessels.
Sec. 842. Removal of national interest determination requirements for
certain entities.
Sec. 843. Pilot program to test machine-vision technologies to determine
the authenticity and security of microelectronic parts in
weapon systems.
Sec. 844. Limitation on certain procurements application process.
Sec. 845. Report on defense electronics industrial base.
Sec. 846. Support for defense manufacturing communities to support the
defense industrial base.
Sec. 847. Limitation on procurement of certain items for T-AO-205
program.
Subtitle F--Small Business Matters
Sec. 851. Department of Defense small business strategy.
Sec. 852. Prompt payments of small business contractors.
Sec. 853. Increased participation in the Small Business Administration
microloan program.
Sec. 854. Amendments to Small Business Innovation Research Program and
Small Business Technology Transfer Program.
Sec. 855. Construction contract administration.
Sec. 856. Comptroller General study of impact of broadband speed and
price on small businesses.
Sec. 857. Consolidated budget display for the Department of Defense
Small Business Innovation Research Program and Small Business
Technology Transfer Program.
Sec. 858. Funding for procurement technical assistance program.
Sec. 859. Authorization for payment of certain costs relating to
procurement technical assistance centers.
Sec. 860. Commercialization Assistance Pilot Program.
Sec. 861. Puerto Rico businesses.
Sec. 862. Opportunities for employee-owned business concerns through
Small Business Administration loan programs.
Subtitle G--Provisions Related to Software and Technical Data Matters
Sec. 865. Validation of proprietary and technical data.
Sec. 866. Continuation of technical data rights during challenges.
Sec. 867. Requirement for negotiation of technical data price before
sustainment of major weapon systems.
Sec. 868. Implementation of recommendations of the final report of the
Defense Science Board Task Force on the Design and Acquisition
of Software for Defense Systems.
Sec. 869. Implementation of pilot program to use agile or iterative
development methods required under section 873 of the National
Defense Authorization Act for Fiscal Year 2018.
Sec. 870. Report on requiring access to digital technical data in future
acquisitions of combat, combat service, and combat support
systems.
Subtitle H--Other Matters
Sec. 871. Prohibition on acquisition of sensitive materials from non-
allied foreign nations.
Sec. 872. Extension of prohibition on providing funds to the enemy.
Sec. 873. Data, policy, and reporting on the use of other transactions.
Sec. 874. Standardization of formatting and public accessibility of
Department of Defense reports to Congress.
Sec. 875. Promotion of the use of Government-wide and other interagency
contracts.
Sec. 876. Increasing competition at the task order level.
Sec. 877. Individual acquisition for commercial leasing services.
Sec. 878. Procurement administrative lead time definition and plan.
Sec. 879. Briefing on funding of product support strategies.
Sec. 880. Use of lowest price technically acceptable source selection
process.
Sec. 881. Permanent Supply Chain Risk Management Authority.
Sec. 882. Review of market research.
Sec. 883. Establishment of integrated review team on defense acquisition
industry-government exchange.
Sec. 884. Exchange program for acquisition workforce employees.
Sec. 885. Process to limit foreign access to technology.
Sec. 886. Procurement of telecommunications supplies for experimental
purposes.
Sec. 887. Access by developmental and operational testing activities to
data regarding modeling and simulation activity.
Sec. 888. Instruction on pilot program regarding employment of persons
with disabilities.
Sec. 889. Prohibition on certain telecommunications and video
surveillance services or equipment.
Sec. 890. Pilot program to accelerate contracting and pricing processes.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Report on allocation of former responsibilities of the Under
Secretary of Defense for Acquisition, Technology, and
Logistics.
Sec. 902. Modification of responsibilities of the Under Secretary of
Defense for Policy.
Sec. 903. Clarification of responsibilities and duties of the Chief
Information Officer of the Department of Defense.
Sec. 904. Technical corrections to Department of Defense Test Resource
Management Center authority.
Sec. 905. Specification of certain duties of the Defense Technical
Information Center.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 911. Comprehensive review of operational and administrative chains-
of-command and functions of the Department of the Navy.
Sec. 912. Modification of certain responsibilities of the Chairman of
the Joint Chiefs of Staff relating to joint force concept
development.
Sec. 913. Clarification of certain risk assessment requirements of the
Chairman of the Joint Chiefs of Staff in connection with the
National Military Strategy.
Sec. 914. Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict review of United States Special Operations
Command.
Sec. 915. Expansion of principal duties of Assistant Secretary of the
Navy for Research, Development, and Acquisition.
Sec. 916. Qualifications for appointment as Deputy Chief Management
Officer of a military department.
Sec. 917. Deadline for completion of full implementation of requirements
in connection with organization of the Department of Defense
for management of special operations forces and special
operations.
Sec. 918. Cross-functional teams in the Department of Defense.
Sec. 919. Limitation on transfer of the Chemical, Biological, and
Radiological Defense Division of the Navy.
Subtitle C--Comprehensive Pentagon Bureaucracy Reform and Reduction
Sec. 921. Authorities and responsibilities of the Chief Management
Officer of the Department of Defense.
Sec. 922. Analysis of Department of Defense business management and
operations datasets to promote savings and efficiencies.
Sec. 923. Periodic review of the Defense Agencies and Department of
Defense Field Activities by the Chief Management Officer of
the Department of Defense.
Sec. 924. Actions to increase the efficiency and transparency of the
Defense Logistics Agency.
Sec. 925. Review of functions of Defense Contract Audit Agency and
Defense Contract Management Agency.
Sec. 926. Review and improvement of the operations of the Defense
Finance and Accounting Service.
Sec. 927. Assessment of chief information officer functions in
connection with transition to enterprise-wide management of
information technology and computing.
Sec. 928. Comptroller General of the United States report on cross-
enterprise activities of the Inspectors General of the
Department of Defense.
Sec. 929. General provisions.
Subtitle D--Other Department of Defense Organization and Management
Matters
Sec. 931. Limitation on availability of funds for major headquarters
activities of the Department of Defense.
Sec. 932. John S. McCain Strategic Defense Fellows Program.
Sec. 933. Performance of civilian functions by military personnel.
Sec. 934. Report on implementation of requirements on estimation and
comparison of costs of civilian and military manpower and
contract support for the Department of Defense.
Sec. 935. Review of foreign currency exchange rates and analysis of
Foreign Currency Fluctuations, Defense appropriation.
Sec. 936. Responsibility for policy on civilian casualty matters.
Sec. 937. Additional matters in connection with background and security
investigations for Department of Defense personnel.
Sec. 938. Research and development to advance capabilities of the
Department of Defense in data integration and advanced
analytics in connection with personnel security.
Subtitle E--Other Matters
Sec. 941. Trusted information provider program for national security
positions and positions of trust.
Sec. 942. Report on expedited processing of security clearances for
mission-critical positions.
Sec. 943. Report on clearance in person concept.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Expertise in audit remediation.
Sec. 1003. Authority to transfer funds to Director of National
Intelligence for CAPNET.
Sec. 1004. Audit of financial systems of the Department of Defense.
Sec. 1005. Report on auditable financial statements.
Sec. 1006. Transparency of accounting firms used to support Department
of Defense audit.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Inclusion of operation and sustainment costs in annual naval
vessel construction plans.
Sec. 1012. Purchase of vessels using funds in National Defense Sealift
Fund.
Sec. 1013. Purchase of vessels built in foreign shipyards with funds in
National Defense Sealift Fund.
Sec. 1014. Date of listing of vessels as battle force ships in the Naval
Vessel Register and other fleet inventory measures.
Sec. 1015. Technical corrections and clarifications to chapter 633 of
title 10, United States Code, and other provisions of law
regarding naval vessels.
Sec. 1016. Dismantlement and disposal of nuclear-powered aircraft
carriers.
Sec. 1017. Limitation on use of funds for retirement of hospital ships.
Sec. 1018. Inclusion of aircraft carrier refueling overhaul budget
request in annual budget justification materials.
Sec. 1019. Business case analysis of Ready Reserve Force
recapitalization options.
Sec. 1020. Transfer of excess naval vessel to Bahrain.
Subtitle C--Counterterrorism
Sec. 1031. Definition of sensitive military operation.
Sec. 1032. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
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.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1041. Strategic guidance documents within the Department of
Defense.
Sec. 1042. Notification on the provision of defense sensitive support.
Sec. 1043. Coordinating United States response to malign foreign
influence operations and campaigns.
Sec. 1044. Clarification of reimbursable allowed costs of FAA memoranda
of agreement.
Sec. 1045. Workforce issues for military realignments in the Pacific.
Sec. 1046. Mitigation of operational risks posed to certain military
aircraft by automatic dependent surveillance-broadcast
equipment.
Sec. 1047. Limitation on availability of funds for unmanned surface
vehicles.
Sec. 1048. Pilot program for Department of Defense controlled
unclassified information in the hands of industry.
Sec. 1049. Critical technologies list.
Sec. 1050. Airborne Hazards and Open Burn Pit Registry.
Sec. 1051. National Security Commission on Artificial Intelligence.
Sec. 1052. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1053. Guidance on the electronic warfare mission area and joint
electromagnetic spectrum operations.
Subtitle E--Studies and Reports
Sec. 1061. Annual reports by the Armed Forces on Out-Year Unconstrained
Total Munitions Requirements and Out-Year inventory numbers.
Sec. 1062. Improvement of annual report on civilian casualties in
connection with United States military operations.
Sec. 1063. Report on capabilities and capacities of Armored Brigade
Combat Teams.
Sec. 1064. Activities and reporting relating to Department of Defense's
Cloud Initiative.
Sec. 1065. Limitation on use of funds for United States Special
Operations Command Global Messaging and Counter-Messaging
platform.
Sec. 1066. Comprehensive review of professionalism and ethics programs
for special operations forces.
Sec. 1067. Munitions assessments and future-years defense program
requirements.
Sec. 1068. Report on establishment of Army Futures Command.
Sec. 1069. Report on cyber-enabled information operations.
Sec. 1070. Report on unmanned aircraft in Arlington National Cemetery.
Sec. 1071. Report on an updated Arctic strategy.
Sec. 1072. Report on use and availability of military installations for
disaster response.
Sec. 1073. Report on Department of Defense participation in Export
Administration Regulations license application review process.
Sec. 1074. Military aviation readiness review in support of the National
Defense Strategy.
Sec. 1075. Report on highest-priority roles and missions of the
Department of Defense and the Armed Forces.
Subtitle F--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Principal Advisor on Countering Weapons of Mass Destruction.
Sec. 1083. Modification of authority to transfer aircraft to other
departments for wildfire suppression purposes.
Sec. 1084. Improvement of database on emergency response capabilities.
Sec. 1085. Disclosure requirements for United States-based foreign media
outlets.
Sec. 1086. United States policy with respect to freedom of navigation
and overflight.
Sec. 1087. National Commission on Military Aviation Safety.
Sec. 1088. Sense of Congress regarding the international borders of the
United States.
Sec. 1089. Policy on response to juvenile-on-juvenile problematic sexual
behavior committed on military installations.
Sec. 1090. Recognition of America's veterans.
Sec. 1091. Prohibition of funds for Chinese language instruction
provided by a Confucius Institute.
Sec. 1092. Department of Defense engagement with certain nonprofit
entities in support of missions of deployed United States
personnel around the world.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Direct hire authority for the Department of Defense for
certain competitive service positions.
Sec. 1102. Modification of direct hire authority for the Department of
Defense for post-secondary students and recent graduates.
Sec. 1103. 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. 1104. One-year extension and expansion of authority to waive annual
limitation on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1105. Extension of authority to conduct telework travel expenses
test programs.
Sec. 1106. Personnel demonstration projects.
Sec. 1107. Expanded flexibility in selecting candidates from referral
lists.
Sec. 1108. Expedited hiring authority for college graduates and post
secondary students.
Sec. 1109. Inapplicability of certification of executive qualifications
by qualification review boards of Office of Personnel
Management for initial appointments to Senior Executive
Service positions in Department of Defense.
Sec. 1110. Engagement with Historically Black Colleges and Universities
and minority-serving institutions for the purposes of
technical workforce enhancement.
Sec. 1111. Inclusion of Strategic Capabilities Office and Defense
Innovation Unit Experimental of the Department of Defense in
personnel management authority to attract experts in science
and engineering.
Sec. 1112. Enhancement of flexible management authorities for science
and technology reinvention laboratories of the Department of
Defense.
Sec. 1113. Inclusion of Office of Secretary of Defense among components
of the Department of Defense covered by direct hire authority
for financial management experts.
Sec. 1114. Alcohol testing of civil service mariners of the Military
Sealift Command assigned to vessels.
Sec. 1115. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification of authority to build the capacity of foreign
security forces.
Sec. 1202. Clarification of authority for use of advisors and trainers
for training of personnel of foreign ministries with security
missions under defense institution capacity building
authorities.
Sec. 1203. Increase in cost limitation and additional notification
required for small scale construction related to security
cooperation.
Sec. 1204. Technical corrections relating to defense security
cooperation statutory reorganization.
Sec. 1205. Review and report on processes and procedures used to carry
out section 362 of title 10, United States Code.
Sec. 1206. Report on the use of security cooperation authorities.
Sec. 1207. Participation in and support of the Inter-American Defense
College.
Sec. 1208. Naval Small Craft Instruction and Technical Training School.
Sec. 1209. Expansion of Regional Defense Combating Terrorism Fellowship
Program to include irregular warfare.
Sec. 1210. Modification to Department of Defense State Partnership
Program.
Sec. 1211. Assessment, monitoring, and evaluation of security
cooperation.
Sec. 1212. Legal and policy review of advise, assist, and accompany
missions.
Sec. 1213. Extension and modification of authority to support border
security operations of certain foreign countries.
Sec. 1214. Framework for obtaining concurrence for participation in
activities of regional centers for security studies.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Afghanistan.
Sec. 1222. Extension and modification of reporting requirements for
special immigrant visas for Afghan allies program.
Sec. 1223. Afghanistan Security Forces Fund.
Sec. 1224. Extension and modification of Commanders' Emergency Response
Program.
Sec. 1225. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Extension and modification of authority to provide assistance
to the vetted Syrian opposition.
Sec. 1232. Syrian war crimes accountability.
Sec. 1233. Extension of authority to provide assistance to counter the
Islamic State of Iraq and Syria.
Sec. 1234. Limitation on assistance to the Government of Iraq.
Sec. 1235. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1236. Modification of annual report on military power of Iran.
Sec. 1237. Strategy to counter destabilizing activities of Iran.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1241. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1242. Limitation on availability of funds relating to
implementation of the Open Skies Treaty.
Sec. 1243. Determination required regarding material breach of INF
Treaty by the Russian Federation.
Sec. 1244. Comprehensive response to the Russian Federation's material
breach of the INF Treaty.
Sec. 1245. Report on implementation of the New START Treaty.
Sec. 1246. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1247. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1248. Sense of Congress on enhancing deterrence against Russian
aggression in Europe.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1251. Name of United States Indo-Pacific Command.
Sec. 1252. Redesignation, expansion, and extension of Southeast Asia
Maritime Security Initiative.
Sec. 1253. Redesignation and modification of sense of Congress and
initiative for the Indo-Asia-Pacific region.
Sec. 1254. Assessment of and report on geopolitical conditions in the
Indo-Pacific region.
Sec. 1255. Sense of Congress on extended nuclear deterrence in the Indo-
Pacific region.
Sec. 1256. Reinstatement of reporting requirements with respect to
United States-Hong Kong relations.
Sec. 1257. Strengthening Taiwan's force readiness.
Sec. 1258. Sense of Congress on Taiwan.
Sec. 1259. Prohibition on participation of the People's Republic of
China in Rim of the Pacific (RIMPAC) naval exercises.
Sec. 1260. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1261. United States strategy on China.
Sec. 1262. Report on military and coercive activities of the People's
Republic of China in South China Sea.
Sec. 1263. Requirement for critical languages and expertise in Chinese,
Korean, Russian, Farsi, and Arabic.
Sec. 1264. Limitation on use of funds to reduce the total number of
members of the Armed Forces serving on active duty who are
deployed to the Republic of Korea.
Sec. 1265. Reports on nuclear capabilities of the Democratic People's
Republic of Korea.
Sec. 1266. Modification of report required under enhancing defense and
security cooperation with India.
Subtitle F--Reports and Other Matters
Sec. 1271. Modification of authorities relating to acquisition and
cross-servicing agreements.
Sec. 1272. United States-Israel countering unmanned aerial systems
cooperation.
Sec. 1273. Enhancement of U.S.-Israel defense cooperation.
Sec. 1274. Review to determine whether the Armed Forces or coalition
partners of the United States violated Federal law or
Department of Defense policy while conducting operations in
Yemen.
Sec. 1275. Report on United States Government security cooperation and
assistance programs with Mexico.
Sec. 1276. Report on Department of Defense missions, operations, and
activities in Niger.
Sec. 1277. Report on the security relationship between the United States
and the Republic of Cyprus.
Sec. 1278. Sense of Congress on detention of United States citizens by
the Government of the Republic of Turkey.
Sec. 1279. Technical amendments related to NATO Support and Procurement
Organization and related NATO agreements.
Sec. 1280. Report on permanent stationing of United States forces in the
Republic of Poland.
Sec. 1281. Report on strengthening NATO cyber defense.
Sec. 1282. Report on status of the United States relationship with the
Republic of Turkey.
Sec. 1283. Sense of the Congress concerning military-to-military
dialogues.
Sec. 1284. Modifications to Global Engagement Center.
Sec. 1285. Sense of Congress on countering hybrid threats and malign
influence.
Sec. 1286. Initiative to support protection of national security
academic researchers from undue influence and other security
threats.
Sec. 1287. Report on Honduras, Guatemala, and El Salvador.
Sec. 1288. Modification of freedom of navigation reporting requirements.
Sec. 1289. Coordination of efforts to negotiate free trade agreements
with certain sub-Saharan African countries.
Sec. 1290. Certifications regarding actions by Saudi Arabia and the
United Arab Emirates in Yemen.
Sec. 1291. Treatment of Rwandan Patriotic Front and Rwandan Patriotic
Army under Immigration and Nationality Act.
Sec. 1292. Limitation on availability of funds to implement the Arms
Trade Treaty.
Sec. 1293. Prohibition on provision of weapons and other forms of
support to certain organizations.
Sec. 1294. Modified waiver authority for certain sanctionable
transactions under section 231 of the Countering America's
Adversaries Through Sanctions Act.
Sec. 1295. Rule of construction relating to the use of force.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations.
Sec. 1302. Specification of cooperative threat reduction funds.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense inspector general.
Sec. 1405. Defense health program.
Subtitle B--Armed Forces Retirement Home
Sec. 1411. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1412. Expansion of eligibility for residence at the Armed Forces
Retirement Home.
Sec. 1413. Oversight of health care provided to residents of the Armed
Forces Retirement Home.
Sec. 1414. Modification of authority on acceptance of gifts for the
Armed Forces Retirement Home.
Sec. 1415. Relief for residents of the Armed Forces Retirement Home
impacted by increase in fees.
Sec. 1416. Limitation on applicability of fee increase for residents of
the Armed Forces Retirement Home.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs medical facility
demonstration fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1422. Economical and efficient operation of working capital fund
activities.
Sec. 1423. Consolidation of reporting requirements under the Strategic
and Critical Materials Stock Piling Act.
Sec. 1424. Quarterly briefing on progress of chemical demilitarization
program.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1508. Defense inspector general.
Sec. 1509. Defense health program.
Subtitle B--Financial Matters
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.
Sec. 1513. Overseas contingency operations.
Subtitle C--Other Matters
Sec. 1521. Joint Improvised-Threat Defeat Organization.
Sec. 1522. Enduring costs funded through overseas contingency
operations.
Sec. 1523. Comptroller General report on use of funds provided by
overseas contingency operations.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Improvements to acquisition system, personnel, and
organization of space forces.
Sec. 1602. Modifications to Space Rapid Capabilities Office.
Sec. 1603. Rapid, responsive, and reliable space launch.
Sec. 1604. Provision of space situational awareness services and
information.
Sec. 1605. Budget assessments for national security space programs.
Sec. 1606. Improvements to commercial space launch operations.
Sec. 1607. Space warfighting policy, review of space capabilities, and
plan on space warfighting readiness.
Sec. 1608. Use of small- and medium-size buses for strategic and
tactical satellite payloads.
Sec. 1609. Enhancement of positioning, navigation, and timing capacity.
Sec. 1610. Designation of component of Department of Defense responsible
for coordination of modernization efforts relating to
military-code capable GPS receiver cards.
Sec. 1611. Designation of component of Department of Defense responsible
for coordination of hosted payload information.
Sec. 1612. Limitation on availability of funds for Joint Space
Operations Center mission system.
Sec. 1613. Evaluation and enhanced security of supply chain for
protected satellite communications programs and overhead
persistent infrared systems.
Sec. 1614. Report on protected satellite communications.
Sec. 1615. Report on enhancements to the Global Positioning System
Operational Control Segment.
Sec. 1616. Report on persistent weather imagery for United States
Central Command.
Sec. 1617. Study on space-based radio frequency mapping.
Sec. 1618. Independent study on space launch locations.
Sec. 1619. Briefing on commercial satellite servicing capabilities.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Role of Under Secretary of Defense for Intelligence.
Sec. 1622. Security vetting for foreign nationals.
Sec. 1623. Department of Defense Counterintelligence polygraph program.
Sec. 1624. Defense intelligence business management systems.
Sec. 1625. Modification to annual briefing on the intelligence,
surveillance, and reconnaissance requirements of the combatant
commands.
Sec. 1626. Framework on governance, mission management, resourcing, and
effective oversight of combat support agencies that are also
elements of the intelligence community.
Subtitle C--Cyberspace-Related Matters
Sec. 1631. Reorganization and consolidation of certain cyber provisions.
Sec. 1632. Affirming the authority of the Secretary of Defense to
conduct military activities and operations in cyberspace.
Sec. 1633. Department of Defense Cyber Scholarship Program scholarships
and grants.
Sec. 1634. Amendments to pilot program regarding cyber vulnerabilities
of Department of Defense critical infrastructure.
Sec. 1635. Modification of acquisition authority of the Commander of the
United States Cyber Command.
Sec. 1636. Policy of the United States on cyberspace, cybersecurity,
cyber warfare, and cyber deterrence.
Sec. 1637. Budget display for cyber vulnerability evaluations and
mitigation activities for major weapon systems of the
Department of Defense.
Sec. 1638. Determination of responsibility for the Department of Defense
Information Networks.
Sec. 1639. Procedures and reporting requirement on cybersecurity
breaches and loss of personally identifiable information and
controlled unclassified information.
Sec. 1640. Program to establish cyber institutes at institutions of
higher learning.
Sec. 1641. Matters pertaining to the SharkSeer cybersecurity program.
Sec. 1642. Active defense against the Russian Federation, People's
Republic of China, Democratic People's Republic of Korea, and
Islamic Republic of Iran attacks in cyberspace.
Sec. 1643. Designation of official for matters relating to integrating
cybersecurity and industrial control systems within the
Department of Defense.
Sec. 1644. Assistance for small manufacturers in the defense industrial
supply chain and universities on matters relating to
cybersecurity.
Sec. 1645. Email and Internet website security and authentication.
Sec. 1646. Security product integration framework.
Sec. 1647. Information security continuous monitoring and cybersecurity
scorecard.
Sec. 1648. Tier 1 exercise of support to civil authorities for a cyber
incident.
Sec. 1649. Pilot program on modeling and simulation in support of
military homeland defense operations in connection with cyber
attacks on critical infrastructure.
Sec. 1650. Pilot program authority to enhance cybersecurity and
resiliency of critical infrastructure.
Sec. 1651. Pilot program on regional cybersecurity training center for
the Army National Guard.
Sec. 1652. Cyberspace Solarium Commission.
Sec. 1653. Study and report on reserve component cyber civil support
teams.
Sec. 1654. Identification of countries of concern regarding
cybersecurity.
Sec. 1655. Mitigation of risks to national security posed by providers
of information technology products and services who have
obligations to foreign governments.
Sec. 1656. Report on Cybersecurity Apprentice Program.
Sec. 1657. Report on enhancement of software security for critical
systems.
Subtitle D--Nuclear Forces
Sec. 1661. Under Secretary of Defense for Research and Engineering and
the Nuclear Weapons Council.
Sec. 1662. Long-range standoff weapon requirements.
Sec. 1663. Acceleration of ground-based strategic deterrent program and
long-range standoff weapon program.
Sec. 1664. Procurement authority for certain parts of intercontinental
ballistic missile fuzes.
Sec. 1665. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1666. Extension of prohibition on availability of funds for mobile
variant of ground-based strategic deterrent missile.
Sec. 1667. Exchange program for nuclear weapons program employees.
Sec. 1668. Plan to train officers in nuclear command, control, and
communications.
Sec. 1669. Independent study on options to increase Presidential
decision-time regarding nuclear weapons employment.
Sec. 1670. Extension of annual report on plan for the nuclear weapons
stockpile, nuclear weapons complex, nuclear weapons delivery
systems, and nuclear weapons command and control system.
Sec. 1671. Plan for alignment of acquisition of warhead life extension
programs and delivery vehicles for such warheads.
Sec. 1672. Annual report on development of long-range stand-off weapon.
Sec. 1673. Sense of Congress on nuclear posture of the United States.
Subtitle E--Missile Defense Programs
Sec. 1675. Development of persistent space-based sensor architecture.
Sec. 1676. Boost phase ballistic missile defense.
Sec. 1677. Extension of requirement for reports on unfunded priorities
of Missile Defense Agency.
Sec. 1678. Extension of prohibition relating to missile defense
information and systems.
Sec. 1679. Modification of requirement relating to transition of
ballistic missile defense programs to military departments.
Sec. 1680. Modification of requirement to develop a space-based
ballistic missile intercept layer.
Sec. 1681. Improvements to acquisition processes of Missile Defense
Agency.
Sec. 1682. Layered defense of the United States homeland.
Sec. 1683. Testing of redesigned kill vehicle prior to production and
ground-based midcourse defense acceleration options.
Sec. 1684. Requirements for ballistic missile defense capable ships.
Sec. 1685. Multiyear procurement authority for standard missile-3 IB
guided missiles.
Sec. 1686. Limitation on availability of funds for Army lower tier air
and missile defense sensor.
Sec. 1687. Missile defense radar in Hawaii.
Sec. 1688. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1689. Acceleration of hypersonic missile defense program.
Sec. 1690. Report on ballistic missile defense.
Sec. 1691. Sense of Congress on allied partnerships for missile defense.
Sec. 1692. Sense of Congress on testing by Missile Defense Agency.
Subtitle F--Other Matters
Sec. 1695. Extension of Commission to Assess the Threat to the United
States from Electromagnetic Pulse Attacks and Similar Events.
Sec. 1696. Procurement of ammonium perchlorate and other chemicals for
use in solid rocket motors.
Sec. 1697. Budget exhibit on support provided to entities outside
Department of Defense.
Sec. 1698. Conventional prompt global strike hypersonic capabilities.
Sec. 1699. Report regarding industrial base for large solid rocket
motors.
TITLE XVII--REVIEW OF FOREIGN INVESTMENT AND EXPORT CONTROLS
Subtitle A--Committee on Foreign Investment in the United States
Sec. 1701. Short title: Foreign Investment Risk Review Modernization Act
of 2018.
Sec. 1702. Findings; sense of Congress.
Sec. 1703. Definitions.
Sec. 1704. Acceptance of written notices.
Sec. 1705. Inclusion of partnership and side agreements in notice.
Sec. 1706. Declarations for certain covered transactions.
Sec. 1707. Stipulations regarding transactions.
Sec. 1708. Authority for unilateral initiation of reviews.
Sec. 1709. Timing for reviews and investigations.
Sec. 1710. Identification of non-notified and non-declared transactions.
Sec. 1711. Submission of certifications to Congress.
Sec. 1712. Analysis by Director of National Intelligence.
Sec. 1713. Information sharing.
Sec. 1714. Action by the President.
Sec. 1715. Judicial review.
Sec. 1716. Considerations for regulations.
Sec. 1717. Membership and staff of Committee.
Sec. 1718. Actions by the Committee to address national security risks.
Sec. 1719. Modification of annual report and other reporting
requirements.
Sec. 1720. Certification of notices and information.
Sec. 1721. Implementation plans.
Sec. 1722. Assessment of need for additional resources for Committee.
Sec. 1723. Funding.
Sec. 1724. Centralization of certain Committee functions.
Sec. 1725. Conforming amendments.
Sec. 1726. Briefing on information from transactions reviewed by
Committee on Foreign Investment in the United States relating
to foreign efforts to influence democratic institutions and
processes.
Sec. 1727. Effective date.
Sec. 1728. Severability.
Subtitle B--Export Control Reform
Sec. 1741. Short title.
Sec. 1742. Definitions.
Part I--Authority and Administration of Controls
Sec. 1751. Short title.
Sec. 1752. Statement of policy.
Sec. 1753. Authority of the President.
Sec. 1754. Additional authorities.
Sec. 1755. Administration of export controls.
Sec. 1756. Licensing.
Sec. 1757. Compliance assistance.
Sec. 1758. Requirements to identify and control the export of emerging
and foundational technologies.
Sec. 1759. Review relating to countries subject to comprehensive United
States arms embargo.
Sec. 1760. Penalties.
Sec. 1761. Enforcement.
Sec. 1762. Administrative procedure.
Sec. 1763. Review of interagency dispute resolution process.
Sec. 1764. Consultation with other agencies on commodity classification.
Sec. 1765. Annual report to Congress.
Sec. 1766. Repeal.
Sec. 1767. Effect on other Acts.
Sec. 1768. Transition provisions.
Part II--Anti-Boycott Act of 2018
Sec. 1771. Short title.
Sec. 1772. Statement of policy.
Sec. 1773. Foreign boycotts.
Sec. 1774. Enforcement.
Part III--Administrative Authorities
Sec. 1781. Under Secretary of Commerce for Industry and Security.
Subtitle C--Miscellaneous
Sec. 1791. Extension of authority.
Sec. 1792. Limitation on cancellation of designation of Secretary of the
Air Force as Department of Defense Executive Agent for a
certain Defense Production Act program.
Sec. 1793. Review of and report on certain defense technologies critical
to the United States maintaining superior military
capabilities.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authorizations of certain fiscal year 2015
projects.
Sec. 2105. Extension of authorizations of certain fiscal year 2016
project.
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.
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 phased project
authorized in fiscal years 2015, 2016, and 2017.
Sec. 2306. Modification of authority to carry out certain fiscal year
2017 project.
Sec. 2307. Modification of authority to carry out certain fiscal year
2018 project.
Sec. 2308. Additional authority to carry out certain fiscal year 2019
projects.
Sec. 2309. Additional authority to carry out project at Travis Air Force
Base, California, in fiscal year 2019.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized defense agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authorizations of certain fiscal year 2015
projects.
Sec. 2405. Authorization of certain fiscal year 2018 project.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Other Matters
Sec. 2611. Modification of authority to carry out certain fiscal year
2016 project.
Sec. 2612. Modification of authority to carry out certain fiscal year
2018 project.
Sec. 2613. Additional authority to carry out certain fiscal year 2019
project.
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. Additional authority to realign or close certain military
installations.
Sec. 2703. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Sec. 2801. Modification of contract authority for acquisition,
construction, or furnishing of test facilities and equipment.
Sec. 2802. Commercial construction standards for facilities on leased
property.
Sec. 2803. Congressional oversight of projects carried out pursuant to
laws other than Military Construction Authorization Acts.
Sec. 2804. Small business set-aside for contracts for architectural and
engineering services and construction design.
Sec. 2805. Updates and modifications to Department of Defense Form 1391,
Unified Facilities Criteria, and military installation master
plans.
Sec. 2806. Work in Process Curve charts and outlay tables for military
construction projects.
Sec. 2807. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects in certain
areas outside the United States.
Sec. 2808. Authority to obtain architectural and engineering services
and construction design for defense laboratory modernization
program.
Sec. 2809. Repeal of limitation on certain Guam project.
Sec. 2810. Enhancing force protection and safety on military
installations.
Sec. 2811. Limitation on use of funds for acquisition of furnished
energy for new medical center in Germany.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Force structure plans and infrastructure capabilities
necessary to support the force structure.
Sec. 2822. Exemption of Department of Defense off-site use and off-site
removal only non-mobile properties from certain excess
property disposal requirements.
Sec. 2823. Retrofitting existing windows in military family housing
units to be equipped with fall prevention devices.
Sec. 2824. Updating prohibition on use of certain assessment of public
schools on Department of Defense installations to supersede
funding of certain projects.
Sec. 2825. Study of feasibility of using 20-year intergovernmental
support agreements for installation-support services.
Sec. 2826. Representation of installation interests in negotiations and
proceedings with carriers and other public utilities.
Sec. 2827. Clarification to include National Guard installations in
Readiness and Environmental Protection Integration program.
Subtitle C--Land Conveyances
Sec. 2841. Land exchange, Air Force Plant 44, Tucson, Arizona.
Sec. 2842. Authority for transfer of administrative jurisdiction over
certain lands, Marine Corps Air Ground Combat Center
Twentynine Palms, California, and Marine Corps Air Station
Yuma, Arizona.
Sec. 2843. Environmental restoration and future conveyance of portion of
former Mare Island Firing Range, Vallejo, California.
Sec. 2844. Release of restrictions, University of California, San Diego.
Sec. 2845. Land exchange, Naval support activity, Washington Navy Yard,
District of Columbia.
Sec. 2846. Land conveyance, Eglin Air Force Base, Florida.
Sec. 2847. Public inventory of Guam land parcels for transfer to
Government of Guam.
Sec. 2848. Modification of conditions on land conveyance, Joliet Army
Ammunition Plant, Illinois.
Sec. 2849. Land conveyance, Naval Academy dairy farm, Gambrills,
Maryland.
Sec. 2850. Technical correction of description of Limestone Hills
Training Area Land Withdrawal and Reservation, Montana.
Sec. 2851. Land conveyance, Wasatch-Cache National Forest, Rich County,
Utah.
Sec. 2852. Commemoration of Freedman's Village.
Subtitle D--Other Matters
Sec. 2861. Defense community infrastructure pilot program.
Sec. 2862. Strategic plan to improve capabilities of Department of
Defense training ranges and installations.
Sec. 2863. Restrictions on use of funds for development of public
infrastructure in Commonwealth of Northern Mariana Islands.
Sec. 2864. Study and report on inclusion of Coleman Bridge, York River,
Virginia, in Strategic Highway Network.
Sec. 2865. Defense access roads relating to closures due to sea level
fluctuation and flooding.
Sec. 2866. Authority to transfer funds for construction of Indian River
Bridge.
Sec. 2867. Plan to allow increased public access to the National Naval
Aviation Museum and Barrancas National Cemetery, Naval Air
Station Pensacola.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized defense agencies construction and land acquisition
projects.
Sec. 2905. Authorization of appropriations.
Sec. 2906. Restrictions on use of funds for planning and design costs of
European Deterrence Initiative 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. Development of low-yield nuclear weapons.
Sec. 3112. Department of Energy counterintelligence polygraph program.
Sec. 3113. Inclusion of capital assets acquisition projects in
activities by Director for Cost Estimating and Program
Evaluation.
Sec. 3114. Modification of authority for acceptance of contributions for
acceleration of removal or security of fissile materials,
radiological materials, and related equipment at vulnerable
sites worldwide.
Sec. 3115. Notification regarding air release of radioactive or
hazardous material at Hanford Nuclear Reservation.
Sec. 3116. Amendments to the Atomic Energy Act of 1954.
Sec. 3117. Extension of enhanced procurement authority to manage supply
chain risk.
Sec. 3118. Hanford waste tank cleanup program.
Sec. 3119. Use of funds for construction and project support activities
relating to MOX facility.
Sec. 3120. Plutonium pit production.
Sec. 3121. Pilot program on conduct by Department of Energy of
background reviews for access by certain individuals to
national security laboratories.
Sec. 3122. Prohibition on availability of funds for programs in Russian
Federation.
Sec. 3123. Prohibition on availability of funds for research and
development of advanced naval nuclear fuel system based on
low-enriched uranium.
Sec. 3124. Limitation on availability of funds relating to submission of
annual reports on unfunded priorities.
Subtitle C--Plans and Reports
Sec. 3131. Modifications to cost-benefit analyses for competition of
management and operating contracts.
Sec. 3132. Nuclear forensics analyses.
Sec. 3133. Review of defense environmental cleanup activities.
Sec. 3134. Whistleblower protections.
Sec. 3135. Implementation of Nuclear Posture Review by National Nuclear
Security Administration.
Sec. 3136. Survey of workforce of national security laboratories and
nuclear weapons production facilities.
Sec. 3137. Elimination of certain reports.
Subtitle D--Other Matters
Sec. 3141. Acceleration of replacement of cesium blood irradiation
sources.
Sec. 3142. 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
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Compliance by Ready Reserve Fleet vessels with SOLAS
lifeboats and fire suppression requirements.
Sec. 3503. Maritime Administration National Security Multi-Mission
Vessel Program.
Sec. 3504. Permanent authority of Secretary of Transportation to issue
vessel war risk insurance.
Sec. 3505. Use of State maritime academy training vessels.
Sec. 3506. Concurrent jurisdiction.
Sec. 3507. United States Merchant Marine Academy policy on sexual
harassment, dating violence, domestic violence, sexual
assault, and stalking.
Sec. 3508. Report on implementation of recommendations for the United
States Merchant Marine Academy Sexual Assault Prevention and
Response Program.
Sec. 3509. Report on the application of the Uniform Code of Military
Justice to the United States Merchant Marine Academy.
Sec. 3510. Electronic records on mariner availability to meet national
security needs.
Sec. 3511. Small shipyard grants.
Sec. 3512. Sea year on contracted vessels.
Sec. 3513. GAO report on national maritime strategy.
Sec. 3514. Multi-year contracts.
Sec. 3515. Miscellaneous.
Sec. 3516. Department of Transportation Inspector General report on
Title XI program.
Subtitle B--Coast Guard
Sec. 3521. Alignment with Department of Defense and sea services
authorities.
Sec. 3522. Preliminary development and demonstration.
Sec. 3523. Contract termination.
Sec. 3524. Reimbursement for travel expenses.
Sec. 3525. Capital investment plan.
Sec. 3526. Major acquisition program risk assessment.
Sec. 3527. Marine safety implementation status.
Sec. 3528. Retirement of Vice Commandant.
Sec. 3529. Large recreational vessel regulations.
Subtitle C--Coast Guard and Shipping Technical Corrections
Chapter 1--Coast Guard
Sec. 3531. Commandant defined.
Sec. 3532. Training course on workings of Congress.
Sec. 3533. Miscellaneous.
Sec. 3534. Department of Defense consultation.
Sec. 3535. Repeal.
Sec. 3536. Mission need statement.
Sec. 3537. Continuation on active duty.
Sec. 3538. System acquisition authorization.
Sec. 3539. Inventory of real property.
Chapter 2--Maritime Transportation
Sec. 3541. Definitions.
Sec. 3542. Authority to exempt vessels.
Sec. 3543. Passenger vessels.
Sec. 3544. Tank vessels.
Sec. 3545. Grounds for denial or revocation.
Sec. 3546. Miscellaneous corrections to title 46, U.S.C.
Sec. 3547. Miscellaneous corrections to Oil Pollution Act of 1990.
Sec. 3548. Miscellaneous corrections.
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. National Guard and reserve component equipment report.
Sec. 112. Deployment by the Army of an interim cruise missile defense
capability.
Subtitle C--Navy Programs
Sec. 121. Procurement authority for Ford class aircraft carrier program.
Sec. 122. Full ship shock trial for Ford class aircraft carrier.
Sec. 123. Sense of Congress on accelerated production of aircraft
carriers.
Sec. 124. Multiyear procurement authority for standard missile-6.
Sec. 125. Multiyear procurement authority for E-2D aircraft.
Sec. 126. Multiyear procurement authority for F/A-18E/F aircraft and EA-
18G aircraft.
Sec. 127. Modifications to F/A-18 aircraft to mitigate physiological
episodes.
Sec. 128. Frigate class ship program.
Sec. 129. Contract requirement for Virginia class submarine program.
Sec. 130. Prohibition on availability of funds for Navy port waterborne
security barriers.
Sec. 131. Extension of limitation on use of sole-source shipbuilding
contracts for certain vessels.
Sec. 132. Limitation on availability of funds for M27 Infantry Automatic
Rifle program.
Sec. 133. Report on degaussing standards for DDG-51 destroyers.
Subtitle D--Air Force Programs
Sec. 141. Inventory requirement for air refueling tanker aircraft;
limitation on retirement of KC-10A aircraft.
Sec. 142. Multiyear procurement authority for C-130J aircraft program.
Sec. 143. Contract for logistics support for VC-25B aircraft.
Sec. 144. Retirement date for VC-25A aircraft.
Sec. 145. Repeal of funding restriction for EC-130H Compass Call
Recapitalization Program.
Sec. 146. Limitation on use of funds for KC-46A aircraft pending
submittal of certification.
Sec. 147. Limitation on availability of funds for retirement of E-8
JSTARS Aircraft.
Sec. 148. Report on modernization of B-52H aircraft systems.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 151. Procurement authority for additional icebreaker vessels.
Sec. 152. Buy-to-budget acquisition of F-35 aircraft.
Sec. 153. Certification on inclusion of technology to minimize
physiological episodes in certain aircraft.
Sec. 154. Armored commercial passenger-carrying vehicles.
Sec. 155. Quarterly updates on the F-35 Joint Strike Fighter program.
Subtitle A--Authorization Of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2019
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. NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT REPORT.
(a) In General.--Section 10541(b) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(10) A joint assessment by the Chief of Staff of the Army and
the Chief of the National Guard Bureau on the efforts of the Army
to achieve parity among the active component, the Army Reserve, and
the Army National Guard with respect to equipment and capabilities.
Each assessment shall include a comparison of the inventory of high
priority items of equipment available to each component of the Army
described in preceding sentence, including--
``(A) AH-64 Attack Helicopters;
``(B) UH-60 Black Hawk Utility Helicopters;
``(C) Abrams Main Battle Tanks;
``(D) Bradley Infantry Fighting Vehicles;
``(E) Stryker Combat Vehicles; and
``(F) any other items of equipment identified as high
priority by the Chief of Staff of the Army or the Chief of the
National Guard Bureau.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to reports required to be submitted under section
10541 of title 10, United States Code, after the date of the enactment
of this Act.
SEC. 112. DEPLOYMENT BY THE ARMY OF AN INTERIM CRUISE MISSILE
DEFENSE CAPABILITY.
(a) Certification Required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall certify to
the congressional defense committees whether there is a need for the
Army to deploy an interim missile defense capability.
(b) Deployment.--
(1) In general.--If the Secretary of Defense certifies that
there is a need for the Army to deploy an interim missile defense
capability under subsection (a), the Secretary of the Army shall
deploy the capability as follows:
(A) Two batteries of the capability shall be deployed by
not later than September 30, 2020.
(B) Two additional batteries of the capability shall be
deployed by not later than September 30, 2023.
(2) Achievement of deployment deadlines.--In order to meet the
deadlines for deployment specified in paragraph (1) the Secretary
of the Army may--
(A) deploy systems that require the least amount of
development;
(B) procure non-developmental air and missile defense
systems currently in production to ensure rapid delivery of
capability;
(C) use existing systems, components, and capabilities
already in the Joint Force inventory, including rockets and
missiles as available;
(D) use operational information technology for
communication, detection, and fire control that is certified to
work with existing joint information technology systems to
ensure interoperability;
(E) engage and collaborate with officials, organizations,
and activities of the Department of Defense with
responsibilities relating to science and technology,
engineering, testing, and acquisition, including the Defense
Innovation United Experimental, the Director of Operational
Test and Evaluation, the Defense Digital Service, the Strategic
Capabilities Office, and the Rapid Capabilities offices, to
accelerate the development, testing, and deployment of existing
systems;
(F) use institutional and operational basing to facilitate
rapid training and fielding;
(G) consider a range of direct energy weapon systems to
compete for the 2023 deployment specified in paragraph (1)(B);
and
(H) carry out such other activities as the Secretary
determines to be appropriate.
(3) Authorities.--In carrying out paragraphs (1) and (2),
Secretary of the Army may use any authority of the Secretary
relating to acquisition, technology transfer, and personnel
management that the Secretary considers appropriate, including
rapid acquisition and rapid prototyping authorities, to resource
and procure an interim missile defense capability.
(4) Waiver.--The Secretary of the Army may waive the deadlines
for deployment specified in paragraph (1) if the Secretary
determines that sufficient funds have not been appropriated to
enable the Secretary to meet such deadlines.
(c) In General.--If the Secretary of the Army will deploy an
interim missile defense capability pursuant to subsection (b), then, by
not later than March 1, 2019, the Secretary, in consultation with the
Chief of Staff of the Army, shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing that
includes--
(1) recommendations identifying any interim missile defense
capabilities to be deployed and a proposed rapid acquisition
schedule for such capabilities;
(2) a plan to rapidly resource any identified shortfalls for
any such capability selected for deployment; and
(3) a schedule and timeline for the fielding and deployment of
any such capability.
(d) Interim Missile Defense Capability Defined.--In this section,
the term ``interim missile defense capability'' means a fixed-site,
cruise missile defense capability that may be deployed before the
Indirect Fire Protection Capability of the Army becomes fully
operational.
Subtitle C--Navy Programs
SEC. 121. PROCUREMENT AUTHORITY FOR FORD CLASS AIRCRAFT CARRIER
PROGRAM.
(a) Contract Authority.--
(1) Procurement authorized.--The Secretary of the Navy may
enter into one or more contracts, beginning with the fiscal year
2019 program year, for the procurement of one Ford class aircraft
carrier to be designated CVN-81.
(2) Procurement in conjunction with cvn-80.--The aircraft
carrier authorized to be procured under paragraph (1) may be
procured as an addition to the contract covering the Ford class
aircraft carrier designated CVN-80 that is authorized to be
constructed under section 121 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2104).
(b) Certification Required.--A contract may not be entered into
under subsection (a) unless the Secretary of Defense certifies to the
congressional defense committees, in writing, not later than 30 days
before entry into the contract, each of the following, which shall be
prepared by the milestone decision authority for the Ford class
aircraft carrier program:
(1) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying out the
program through annual contracts. In certifying cost savings under
the preceding sentence, the Secretary shall include a written
explanation of--
(A) the estimated obligations and expenditures by fiscal
year for CVN-80 and CVN-81, by hull, without the authority
provided in subsection (a);
(B) the estimated obligations and expenditures by fiscal
year for CVN-80 and CVN-81, by hull, with the authority
provided in subsection (a);
(C) the estimated cost savings or increase by fiscal year
for CVN-80 and CVN-81, by hull, with the authority provided in
subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(2) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of Defense will request
funding for the contract at the level required to avoid contract
cancellation.
(3) There is a stable design for the property to be acquired
and that the technical risks associated with such property are not
excessive.
(4) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract authorized
under subsection (a) are realistic.
(5) The use of such a contract will promote the national
security of the United States.
(6) 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 (as
defined under section 221 of title 10, United States Code) for such
fiscal year will include the funding required to execute the
program without cancellation.
(7) The contract will be a fixed price type contract.
(c) Use of Incremental Funding.--With respect to a contract entered
into under subsection (a), the Secretary of the Navy may use
incremental funding to make payments under the contract. No such
payments may be obligated after the date that is 11 months after the
date on which the fitting out of the aircraft carrier associated with
the contract is completed.
(d) Liability.--A contract entered into under subsection (a) shall
provide that the total liability to the Government for termination of
the contract entered into shall be limited to the total amount of
funding obligated at the time of termination.
(e) 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 is
subject to the availability of appropriations for that purpose for such
fiscal year.
(f) Milestone Decision Authority Defined.--In this section, the
term ``milestone decision authority'' has the meaning given that term
in section 2366a(d) of title 10, United States Code.
SEC. 122. FULL SHIP SHOCK TRIAL FOR FORD CLASS AIRCRAFT CARRIER.
The Secretary of the Navy shall ensure that full ship shock trials
results are incorporated into the construction of the Ford class
aircraft carrier designated CVN-81.
SEC. 123. SENSE OF CONGRESS ON ACCELERATED PRODUCTION OF AIRCRAFT
CARRIERS.
It is the sense of Congress that the United States should
accelerate the production of aircraft carriers to rapidly achieve the
Navy's goal of having 12 operational aircraft carriers.
SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR STANDARD MISSILE-6.
(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, beginning with the fiscal year
2019 program year, for the procurement of up to 625 standard missile-6
missiles at a rate of not more than 125 missiles per year during the
covered period.
(b) Authority for Advance Procurement and Economic Order
Quantity.--The Secretary may enter into one or more contracts for
advance procurement associated with the missiles (including economic
order quantity) for which authorization to enter into a multiyear
procurement contract is provided under subsection (a).
(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 2019 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(d) Covered Period Defined.--In this section, the term ``covered
period'' means the 5-year period beginning with the fiscal year 2019
program year and ending with the fiscal year 2023 program year.
SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR E-2D AIRCRAFT.
(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, beginning with the fiscal year
2019 program year, for the procurement of up to 24 E-2D aircraft.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2019 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E/F AIRCRAFT
AND EA-18G AIRCRAFT.
(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, beginning with the fiscal year
2019 program year, for the procurement of the following:
(1) F/A-18E/F aircraft.
(2) EA-18G aircraft.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2019 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(c) Authority for Advance Procurement and Economic Order
Quantity.--The Secretary of the Navy may enter into one or more
contracts, beginning in fiscal year 2019, for advance procurement
associated with the aircraft for which authorization to enter into a
multiyear procurement contract is provided under subsection (a), which
may include one or more contracts for the procurement of economic order
quantities of material and equipment for such aircraft.
SEC. 127. MODIFICATIONS TO F/A-18 AIRCRAFT TO MITIGATE
PHYSIOLOGICAL EPISODES.
(a) Modifications Required.--The Secretary of the Navy shall modify
the F/A-18 aircraft to reduce the occurrence of, and mitigate the risk
posed by, physiological episodes affecting crewmembers of the aircraft.
The modifications shall include, at minimum--
(1) replacement of the F/A-18 cockpit altimeter;
(2) upgrade of the F/A-18 onboard oxygen generation system;
(3) redesign of the F/A-18 aircraft life support systems
required to meet onboard oxygen generation system input
specifications; and
(4) installation of equipment associated with improved F/A-18
physiological monitoring and alert systems.
(b) Report Required.--Not later than February 1, 2019, and annually
thereafter through February 1, 2021, the Secretary of the Navy shall
submit to the congressional defense committees a written update on the
status of all modifications to the F/A-18 aircraft carried out by the
Secretary pursuant to subsection (a).
(c) Waiver.--The Secretary of the Navy may waive the requirement to
make a modification under subsection (a) if the Secretary certifies to
the congressional defense committees that the specific modification is
inadvisable and provides a detailed justification for excluding the
modification from the Navy's planned upgrades for the F/A-18 aircraft.
SEC. 128. FRIGATE CLASS SHIP PROGRAM.
(a) In General.--As part of the solicitation for proposals for the
procurement of any frigate class ship in any of fiscal years 2019,
2020, or 2021, the Secretary of the Navy shall require that offerors
submit proposals under which the offeror agrees to convey technical
data to the Federal Government in the event the offeror is awarded the
frigate construction contract associated with the proposal.
(b) Technical Data Defined.--In this section, the term ``technical
data'' means a compilation of detailed engineering plans and
specifications for the construction of a frigate class ship.
SEC. 129. CONTRACT REQUIREMENT FOR VIRGINIA CLASS SUBMARINE
PROGRAM.
Section 124 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91) is amended--
(1) by redesignating subsection (d) through (f) as subsections
(e) through (g), respectively; and
(2) by inserting after subsection (c), the following:
``(d) Contract Requirement.--
``(1) In general.--The Secretary of the Navy shall ensure that
a contract entered into under subsection (a) includes an option to
procure a Virginia class submarine in each of fiscal years 2022 and
2023.
``(2) Option defined.--In this subsection, the term `option'
has the meaning given that term in part 2.101 of the Federal
Acquisition Regulation.''.
SEC. 130. PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY PORT
WATERBORNE SECURITY BARRIERS.
(a) Prohibition.--Except as provided in subsections (b) and (c),
none of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for fiscal year
2019 may be obligated or expended to procure legacy waterborne security
barriers for Navy ports.
(b) Waiver.--The Secretary of the Navy may waive the prohibition in
subsection (a) not less than 30 days after submitting to the
congressional defense committees--
(1) a Navy requirements document that specifies key performance
parameters and key system attributes for new waterborne security
barriers for Navy ports;
(2) a certification that the level of capability specified
under paragraph (1) will meet or exceed that of legacy waterborne
security barriers for Navy ports;
(3) the acquisition strategy for the recapitalization of legacy
waterborne security barriers for Navy ports, which shall meet or
exceed the requirements specified under paragraph (1); and
(4) a certification that any contract for new waterborne
security barriers for a Navy port will be awarded in accordance
with the requirements for full and open competition set forth in
section 2304 of title 10, United States Code.
(c) Exception.--The prohibition in subsection (a) shall not apply
to any of the following activities:
(1) The sustainment, refurbishment, and replacement of portions
of existing waterborne security barriers at Navy ports due to
normal wear and tear.
(2) The procurement of new waterborne security barriers for
Navy ports due to exigent circumstances.
SEC. 131. 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), as amended by section 127 of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91), is further amended by striking ``or fiscal year 2018'' and
inserting ``, fiscal year 2018, or fiscal year 2019''.
SEC. 132. LIMITATION ON AVAILABILITY OF FUNDS FOR M27 INFANTRY
AUTOMATIC RIFLE PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2019 for the M27
Infantry Automatic Rifle program of the Marine Corps, not more than 80
percent may be obligated or expended until the date on which the
Commandant of the Marine Corps submits to the Committees on Armed
Services of the Senate and the House of Representatives the assessment
described in subsection (b).
(b) Assessment.--The assessment described in this subsection is a
written summary of the views of the Marine Corps with respect to the
Small Arms Ammunition Configuration Study of the Army, including--
(1) an explanation of how the study informs the future small
arms modernization requirements of the Marine Corps; and
(2) near-term and long-term modernization strategies for the
small arms weapon systems of the Marine Corps, including associated
funding and schedule profiles.
SEC. 133. REPORT ON DEGAUSSING STANDARDS FOR DDG-51 DESTROYERS.
(a) Report Required.--Not later than February 1, 2019, the
Secretary of the Navy shall submit to the congressional defense
committees a report on degaussing standards for the DDG-51 destroyer.
(b) Elements.--The report required under subsection (a) shall
include--
(1) a detailed description of the current degaussing standards
for the DDG-51 destroyer;
(2) a plan for incorporating such standards into the destroyer
construction program; and
(3) an assessment of the requirement to backfit such standards
to in-service destroyers.
Subtitle D--Air Force Programs
SEC. 141. INVENTORY REQUIREMENT FOR AIR REFUELING TANKER AIRCRAFT;
LIMITATION ON RETIREMENT OF KC-10A AIRCRAFT.
(a) Inventory Requirement.--Section 8062 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(j)(1) Except as provided in paragraph (2), effective October 1,
2019, the Secretary of the Air Force shall maintain a total aircraft
inventory of air refueling tanker aircraft of not less than 479
aircraft.
``(2) The Secretary of the Air Force may reduce the number of air
refueling tanker aircraft in the total aircraft inventory of the Air
Force below 479 only if--
``(A) the Secretary certifies to the congressional defense
committees that such reduction is justified by the results of the
mobility capability and requirements study conducted under section
144(b) of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91); and
``(B) a period of 30 days has elapsed following the date on
which the certification is made to the congressional defense
committees under subparagraph (A).
``(3) In this subsection:
``(A) The term `air refueling tanker aircraft' means an
aircraft that has as its primary mission the refueling of other
aircraft.
``(B) The term `total aircraft inventory' means aircraft
authorized to a flying unit for operations or training.''.
(b) Limitation on Retirement of KC-10A.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available for any fiscal
year for the Air Force may be obligated or expended to retire, or
to prepare to retire, any KC-10A aircraft until the date that is 30
days after the date on which the Secretary of the Air Force
certifies to the congressional defense committees that Secretary
has met the minimum inventory requirement under section 8062(j) of
title 10, United States Code, as added by subsection (a) of this
section.
(2) Exception for certain aircraft.--The requirement of
paragraph (1) does not apply to individual KC-10A 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. 142. MULTIYEAR PROCUREMENT AUTHORITY FOR C-130J AIRCRAFT
PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Air Force may
enter into one or more multiyear contracts, beginning with the fiscal
year 2019 program year, for the procurement of--
(1) C-130J aircraft for the Air Force; and
(2) C-130J aircraft for the Navy and the Marine Corps pursuant
to the agreement described in subsection (b).
(b) Agreement Described.--The agreement described in this
subsection is the agreement between the Secretary of the Navy and the
Secretary of the Air Force under which the Secretary of the Air Force
acts as the executive agent for the Department of the Navy for purposes
of procuring C-130J aircraft for such Department.
(c) Authority for Advance Procurement and Economic Order
Quantity.--The Secretary of the Air Force may enter into one or more
contracts for advance procurement associated with the C-130J aircraft,
including economic order quantity, for which authorization to enter
into a multiyear procurement contract is provided under subsection (a).
(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
for that purpose for such later fiscal year.
(e) Treatment of Fiscal Year 2018 Aircraft.--The multiyear contract
authority under subsection (a) includes C-130J aircraft for which funds
were appropriated for fiscal year 2018.
SEC. 143. CONTRACT FOR LOGISTICS SUPPORT FOR VC-25B AIRCRAFT.
The Secretary of the Air Force shall--
(1) ensure that the total period of any contract awarded for
logistics support for the VC-25B aircraft does not exceed five
years, as required under part 17.204(e) of the Federal Acquisition
Regulation, unless otherwise approved in accordance with
established procedures; and
(2) comply with section 2304 of title 10, United States Code,
regarding full and open competition through the use of competitive
procedures for the award of any logistics support contract
following the initial five-year contract period.
SEC. 144. RETIREMENT DATE FOR VC-25A AIRCRAFT.
(a) In General.--For purposes of the application of section 2244a
of title 10, United States Code, the retirement date of the covered
aircraft is deemed to be not later than December 31, 2025.
(b) Covered Aircraft Defined.--In this section, the term ``covered
aircraft'' means the two VC-25A aircraft of the Air Force that are in
service as of the date of the enactment of this Act.
SEC. 145. REPEAL OF FUNDING RESTRICTION FOR EC-130H COMPASS CALL
RECAPITALIZATION PROGRAM.
Section 131 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2037) is repealed.
SEC. 146. LIMITATION ON USE OF FUNDS FOR KC-46A AIRCRAFT PENDING
SUBMITTAL OF CERTIFICATION.
(a) Certification Required.--The Secretary of the Air Force shall
submit to the congressional defense committees certification that, as
of the date of the certification--
(1) the supplemental type certification and the military type
certification for the KC-46A aircraft have been approved; and
(2) the Air Force has accepted the delivery of the first KC-46A
aircraft.
(b) Limitation on Use of Funds.--
(1) Limitation.--Notwithstanding any other provision of this
Act, none of the funds authorized to be appropriated or otherwise
made available by this Act for fiscal year 2019 for Aircraft
Procurement, Air Force, may be obligated or expended to procure the
covered aircraft until the Secretary of the Air Force submits the
certification required under subsection (a).
(2) Covered aircraft defined.--In this subsection, the term
``covered aircraft'' means three of the KC-46A aircraft authorized
to be procured by this Act.
SEC. 147. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF E-8
JSTARS AIRCRAFT.
(a) Limitation on Availability of Funds for Retirement.--Except as
provided in subsection (b), none of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2019 or any subsequent fiscal year 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 until the date on which the
Secretary of the Defense certifies to the congressional defense
committees that Increment 2 of the Advanced Battle-Management System of
the Air Force has declared initial operational capability as defined in
the Capability Development Document for the System.
(b) Exception.--The limitation in subsection (a) shall not apply to
individual E-8C Joint Surveillance Target Attack Radar System aircraft
that the Secretary of the Air Force determines, on a case-by-case
basis, to be no longer mission capable because of mishaps, other
damage, or being uneconomical to repair.
(c) Certification Required.--Not later than March 1, 2019, the
Secretary of Defense, on a nondelegable basis, shall certify to the
congressional defense committees that--
(1) the Secretary of the Air Force is taking all reasonable
steps to ensure the legacy E-8C Joint Surveillance Target Radar
System aircraft that the Air Force continues to operate meet all
safety requirements;
(2) the Secretary of the Air Force has developed and
implemented a funding strategy to increase the operational and
maintenance availability of the legacy E-8C Joint Surveillance
Target Radar System aircraft that the Air Force continues to
operate;
(3) the Advanced Battle-Management System Increment 1, 2, and 3
acquisition and fielding strategy is executable and that sufficient
funds will be available to achieve all elements of the System as
described in the Capability Development Document for the System;
and
(4) in coordination with each separate geographic combatant
commander, that the Secretary of the Air Force is implementing
defined and measurable actions to meet the operational planning and
steady-state force presentation requirements for Ground-Moving
Target Indicator intelligence and Battle-Management, Command and
Control towards a moderate level of risk until Increment 2 of the
Advanced Battle-Management System declares initial operational
capability.
(d) GAO Report and Briefing.--
(1) Report required.--Not later than March 1, 2020, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on Increment I, Increment
2, and Increment 3 of the 21st Century Advanced Battle Management
System of Systems capability of the Air Force. The report shall
include a review of--
(A) the technologies that compose the capability and the
level of maturation of such technologies;
(B) the resources budgeted for the capability;
(C) the fielding plan for the capability;
(D) any risk assessments associated with the capability;
and
(E) the overall acquisition strategy for the capability.
(2) Interim briefing.--Not later than March 1, 2019, the
Comptroller General of the United States shall provide to the
Committees on Armed Services of the House of Representatives and
the Senate a briefing on the topics to be covered by the report
under paragraph (1), including any preliminary data and any issues
or concerns of the Comptroller General relating to the report.
(e) Air Force Report.--Not later than February 5, 2019, the
Secretary of the Air Force shall submit to the congressional defense
committees a report on the legacy fleet of E-8C Joint Surveillance
Target Attack Radar System aircraft that includes--
(1) the modernization and sustainment strategy, and associated
costs, for the airframe and mission systems that will be used to
maintain the legacy fleet of such aircraft until the planned
retirement of the aircraft; and
(2) a plan that will provide combatant commanders with an
increased level of E-8C force support.
(f) E-8C Force Presentation Requirement.--
(1) In general.--Beginning not later than October 1, 2020, and
until the retirement of the E-8C aircraft fleet, the Secretary of
the Air Force shall provide not fewer than 6 dedicated E-8C
aircraft each fiscal year for allocation to the geographical
combatant commanders through the Intelligence, Surveillance, and
Reconnaissance Global Force Management Allocation Process.
(2) Exception.--If the Secretary of the Air Force is unable to
meet the requirements of paragraph (1), the Secretary of Defense,
on a nondelegable basis, may waive the requirements for a fiscal
year and shall provide to the congressional defense committees a
notice of waiver issuance and justification.
(g) Air Force Briefing Requirement.--Beginning not later than
October 1, 2018, and on a quarterly basis thereafter, the Secretary of
the Air Force shall provide to the congressional defense committees a
program update briefing on the Advanced Battle-Management System of the
Air Force, and all associated technologies.
SEC. 148. REPORT ON MODERNIZATION OF B-52H AIRCRAFT SYSTEMS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the congressional defense committees a report on the long term
modernization of the B-52H aircraft.
(b) Elements.--The report required under subsection (a) shall
include--
(1) an estimated timeline for the modernization of the B-52H
aircraft; and
(2) modernization requirements with respect to the integrated
systems of the aircraft, including--
(A) electronic warfare and defensive systems;
(B) communications, including secure jam resistant
capability;
(C) radar replacement;
(D) engine replacement;
(E) future weapons and targeting capability; and
(F) mission planning systems.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 151. PROCUREMENT AUTHORITY FOR ADDITIONAL ICEBREAKER VESSELS.
(a) Procurement Authority.--
(1) In general.--In addition to the icebreaker vessel
authorized to be procured under section 122(a) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91),
the Secretary of the department in which the Coast Guard is
operating may enter into one or more contracts for the procurement
of up to five additional polar-class icebreaker vessels.
(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 2019 is subject to the availability
of appropriations or funds for that purpose for such later fiscal
year.
(b) Sense of Congress.--It is the sense of Congress that the Coast
Guard should maintain an inventory of not fewer than six polar-class
icebreaker vessels beginning not later than fiscal year 2029 and, to
achieve such inventory, should--
(1) award a contract for the first new polar-class icebreaker
not later than fiscal year 2019;
(2) deliver the first new polar-class icebreaker not later than
fiscal year 2023;
(3) start construction on the second through sixth new polar-
class icebreakers at a rate of one vessel per year in fiscal years
2022 through 2026; and
(4) accept delivery of the second through sixth new polar-class
icebreakers at a rate of one vessel per year in fiscal years 2025
through 2029.
SEC. 152. BUY-TO-BUDGET ACQUISITION OF F-35 AIRCRAFT.
Subject to section 2308 of title 10, United States Code, using
funds authorized to be appropriated by this Act for the procurement of
F-35 aircraft, the Secretary of Defense may procure a quantity of F-35
aircraft in excess of the quantity authorized by this Act if such
additional procurement does not require additional funds to be
authorized to be appropriated because of production efficiencies or
other cost reductions.
SEC. 153. CERTIFICATION ON INCLUSION OF TECHNOLOGY TO MINIMIZE
PHYSIOLOGICAL EPISODES IN CERTAIN AIRCRAFT.
(a) Certification Required.--Not later than 15 days before entering
into a contract for the procurement of a covered aircraft, the
Secretary concerned shall submit to the congressional defense
committees a written statement certifying that the aircraft to be
procured under the contract will include the most recent technological
advancements necessary to minimize the impact of physiological episodes
on aircraft crewmembers.
(b) Waiver.--The Secretary concerned may waive the requirement of
subsection (a) if the Secretary--
(1) determines the waiver is required in the interest of
national security; and
(2) not later than 15 days before entering into a contract for
the procurement of a covered aircraft, notifies the congressional
defense committees of the rationale for the waiver.
(c) Termination.--The requirement to submit a certification under
subsection (a) shall terminate on September 30, 2021.
(d) Definitions.--In this section:
(1) The term ``covered aircraft'' means a fighter aircraft, an
attack aircraft, or a fixed wing trainer aircraft.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of the Navy, with respect to covered
aircraft of Navy; and
(B) the Secretary of the Air Force, with respect to covered
aircraft of the Air Force.
SEC. 154. ARMORED COMMERCIAL PASSENGER-CARRYING VEHICLES.
(a) Implementation of GAO Recommendations.--In accordance with the
recommendations of the Government Accountability Office in the report
titled ``Armored Commercial Vehicles: DOD Has Procurement Guidance, but
Army Could Take Actions to Enhance Inspections and Oversight'' (GAO-17-
513), not later than 180 days after the date of the enactment of this
Act, the Secretary of Army shall--
(1) ensure that in-progress inspections are conducted at the
armoring vendor's facility for each procurement of an armored
commercial passenger-carrying vehicles until the date on which the
Secretary of Defense approves and implements an updated armoring
and inspection standard for such vehicles; and
(2) designate a central point of contact for collecting and
reporting information on armored commercial passenger-carrying
vehicles (such as information on contracts execution and vehicle
inspections).
(b) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to
the congressional defense committees a briefing on the progress of the
Secretary in implementing Department of Defense Instruction O-2000.16
Volume 1, dated November 2016, with respect to armored commercial
passenger-carrying vehicles, including--
(1) whether criteria for the procurement of such vehicles have
been established and distributed to the relevant components of the
Department; and
(2) whether a process is in place for ensuring that the
relevant components of the Department incorporate those criteria
into contracts for such vehicles.
SEC. 155. QUARTERLY UPDATES ON THE F-35 JOINT STRIKE FIGHTER
PROGRAM.
(a) In General.--Beginning not later than October 1, 2018, and on a
quarterly basis thereafter through October 1, 2022, the Under Secretary
of Defense for Acquisition and Sustainment shall provide to the
congressional defense committees a briefing on the progress of the F-35
Joint Strike Fighter program.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the F-35 Joint Strike Fighter program, the following
elements:
(1) An overview of the program schedule.
(2) A description of each contract awarded under the program,
including a description of the type of contract and the status of
the contract.
(3) An assessment of the status of the program with respect
to--
(A) modernization;
(B) modification;
(C) testing;
(D) delivery;
(E) sustainment;
(F) program management; and
(G) efforts to ensure that excessive sustainment costs do
not threaten the ability of the Department of Defense to
purchase the required number of aircraft.
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. Modification of authority to carry out certain prototype
projects.
Sec. 212. Extension of directed energy prototype authority.
Sec. 213. Prohibition on availability of funds for the Weather Common
Component program.
Sec. 214. Limitation on availability of funds for F-35 continuous
capability development and delivery.
Sec. 215. Limitation on availability of funds pending report on agile
software development and software operations.
Sec. 216. Limitation on availability of funds for certain high energy
laser advanced technology.
Sec. 217. Plan for the Strategic Capabilities Office of the Department
of Defense.
Sec. 218. National Defense Science and Technology Strategy.
Sec. 219. Modification of CVN-73 to support fielding of MQ-25 unmanned
aerial vehicle.
Sec. 220. Establishment of innovators information repository in the
Department of Defense.
Sec. 221. Strategic plan for Department of Defense test and evaluation
resources.
Sec. 222. Collaboration between Defense laboratories, industry, and
academia; open campus program.
Sec. 223. Permanent extension and codification of authority to conduct
technology protection features activities during research and
development of defense systems.
Sec. 224. Codification and reauthorization of Defense Research and
Development Rapid Innovation Program.
Sec. 225. Procedures for rapid reaction to emerging technology.
Sec. 226. Activities on identification and development of enhanced
personal protective equipment against blast injury.
Sec. 227. Human factors modeling and simulation activities.
Sec. 228. Expansion of mission areas supported by mechanisms for
expedited access to technical talent and expertise at academic
institutions.
Sec. 229. Advanced manufacturing activities.
Sec. 230. National security innovation activities.
Sec. 231. Partnership intermediaries for promotion of defense research
and education.
Sec. 232. Limitation on use of funds for Surface Navy Laser Weapon
System.
Sec. 233. Expansion of coordination requirement for support for national
security innovation and entrepreneurial education.
Sec. 234. Defense quantum information science and technology research
and development program.
Sec. 235. Joint directed energy test activities.
Sec. 236. Requirement for establishment of arrangements for expedited
access to technical talent and expertise at academic
institutions to support Department of Defense missions.
Sec. 237. Authority for Joint Directed Energy Transition Office to
conduct research relating to high powered microwave
capabilities.
Sec. 238. Joint artificial intelligence research, development, and
transition activities.
Subtitle C--Reports and Other Matters
Sec. 241. Report on survivability of air defense artillery.
Sec. 242. T-45 aircraft physiological episode mitigation actions.
Sec. 243. Report on efforts of the Air Force to mitigate physiological
episodes affecting aircraft crewmembers.
Sec. 244. Report on Defense Innovation Unit Experimental.
Sec. 245. Modification of funding criteria under Historically Black
Colleges and Universities and minority institutions program.
Sec. 246. Report on OA-X light attack aircraft applicability to partner
nation support.
Sec. 247. Reports on comparative capabilities of adversaries in key
technology areas.
Sec. 248. Report on active protection systems for armored combat and
tactical vehicles.
Sec. 249. Next Generation Combat Vehicle.
Sec. 250. Modification of reports on mechanisms to provide funds to
defense laboratories for research and development of
technologies for military missions.
Sec. 251. Briefings on Mobile Protected Firepower and Future Vertical
Lift programs.
Sec. 252. Improvement of the Air Force supply chain.
Sec. 253. Review of guidance on blast exposure during training.
Sec. 254. Competitive acquisition strategy for Bradley Fighting Vehicle
transmission replacement.
Sec. 255. Independent assessment of electronic warfare plans and
programs.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2019
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. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.
Section 2371b of title 10, United States Code, is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), in the matter before clause (i),
by striking ``(for a prototype project)'' and inserting ``for a
prototype project, and any follow-on production contract or
transaction that is awarded pursuant to subsection (f),'';
(B) in subparagraph (B)--
(i) in the matter before clause (i), by striking ``(for
a prototype project)'' and inserting ``for a prototype
project, and any follow-on production contract or
transaction that is awarded pursuant to subsection (f),'';
and
(ii) in clause (i), in the matter before subclause (I),
by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary
of Defense for Research and Engineering or the Under
Secretary of Defense for Acquisition and Sustainment'';
(C) in paragraph (3), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretaries of Defense'';
(2) in subsection (b)(2), by inserting ``the prototype'' after
``carry out''; and
(3) in subsection (f)--
(A) by redesignating paragraph (3) as paragraph (5); and
(B) by inserting after paragraph (2) the following new
paragraphs:
``(3) A follow-on production contract or transaction may be
awarded, pursuant to this subsection, when the Department determines
that an individual prototype or prototype subproject as part of a
consortium is successfully completed by the participants.
``(4) Award of a follow-on production contract or transaction
pursuant to the terms under this subsection is not contingent upon the
successful completion of all activities within a consortium as a
condition for an award for follow-on production of a successfully
completed prototype or prototype subproject within that consortium.''.
SEC. 212. EXTENSION OF DIRECTED ENERGY PROTOTYPE AUTHORITY.
Section 219(c)(4) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2431 note) is amended--
(1) in subparagraph (A), by striking ``Except as provided in
subparagraph (B)'' and inserting ``Except as provided in
subparagraph (C)'';
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following:
``(B) Except as provided in subparagraph (C) 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 2019 or otherwise made available for fiscal
year 2019 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).''; and
(4) in subparagraph (C), as so redesignated, by striking ``made
available under subparagraph (A)'' and inserting ``made available
under subparagraph (A) or subparagraph (B)''.
SEC. 213. PROHIBITION ON AVAILABILITY OF FUNDS FOR THE WEATHER
COMMON COMPONENT PROGRAM.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2019 for
research, development, test, and evaluation, Air Force, for weather
service (PE 0305111F, Project 672738) for product development, test and
evaluation, and management services associated with the Weather Common
Component program may be obligated or expended.
(b) Report Required.--
(1) In general.--The Secretary of the Air Force shall submit to
the congressional defense committees a report on technologies and
capabilities that--
(A) provide real-time or near real-time meteorological
situational awareness data through the use of sensors installed
on manned and unmanned aircraft; and
(B) were developed primarily using funds of the Department
of Defense.
(2) Elements.--The report under paragraph (1) shall include--
(A) a description of all technologies and capabilities
described in paragraph (1) that exist as of the date on which
the report is submitted;
(B) a description of any testing activities that have been
completed for such technologies and capabilities, and the
results of those testing activities;
(C) the total amount of funds used by the Department of
Defense for the development of such technologies and
capabilities;
(D) a list of capability gaps or shortfalls in any major
commands of the Air Force relating to the gathering,
processing, exploitation, and dissemination of real-time or
near real-time meteorological situational awareness data for
unmanned systems;
(E) an explanation of how such gaps or shortfalls may be
remedied to supplement the weather forecasting capabilities of
the Air Force and to enhance the efficiency or effectiveness of
combat air power; and
(F) a plan for fielding existing technologies and
capabilities to mitigate such gaps or shortfalls.
SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR F-35 CONTINUOUS
CAPABILITY DEVELOPMENT AND DELIVERY.
(a) Limitation.--Except as provided in subsection (b), of the funds
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2019 for the F-35 continuous capability development and
delivery program, not more than 75 percent may be obligated or expended
until a period of 15 days has elapsed following the date on which the
Secretary of Defense submits to the congressional defense committees a
detailed cost estimate and baseline schedule for the program, which
shall include any information required for a major defense acquisition
program under section 2435 of title 10, United States Code.
(b) Exception.--The limitation in subsection (a) does not apply to
any funds authorized to be appropriated or otherwise made available for
the development of the F-35 dual capable aircraft capability.
SEC. 215. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT ON
AGILE SOFTWARE DEVELOPMENT AND SOFTWARE OPERATIONS.
(a) Limitation.--Of the of funds described in subsection (d), not
more than 80 percent may be obligated or expended until a period of 30
days has elapsed following the date on which the Secretary of the Air
Force submits the report required under subsection (b).
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of the Air Force, in consultation with the
Director of Defense Pricing/Defense Procurement and Acquisition Policy
and the Director of the Defense Digital Service, shall submit to the
congressional defense committees a report that includes a description
of each of the following:
(1) How cost estimates in support of modernization and upgrade
activities for Air and Space Operations Centers are being conducted
and using what methods.
(2) The contracting strategy and types of contracts being used
to execute Agile Software Development and Software Operations
(referred to in this section as ``Agile DevOps'') activities.
(3) How intellectual property ownership issues associated with
software applications developed with Agile DevOps processes will be
addressed to ensure future sustainment, maintenance, and upgrades
to software applications after the applications are fielded.
(4) A description of the tools and software applications that
have been developed for the Air and Space Operations Centers and
the costs and cost categories associated with each.
(5) Challenges the Air Force has faced in executing acquisition
activities modernizing the Air and Space Operations Centers and how
the Air Force plans to address the challenges identified.
(6) The Secretary's strategy for ensuring that software
applications developed for Air Operations Centers are transportable
and translatable among all the Centers to avoid any duplication of
efforts.
(c) Review.--Before submitting the report under subsection (b), the
Secretary of the Air Force shall ensure that the report is reviewed and
approved by the Director of Defense Pricing/Defense Procurement and
Acquisition Policy.
(d) Funds Described.--The funds described in this subsection are
the following:
(1) Funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2019 for research,
development, test, and evaluation, Air Force, for Air and Space
Operations Centers (PE 0207410F, Project 674596).
(2) Funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2019 for other
procurement, Air Force, for Air and Space Operations Centers.
SEC. 216. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN HIGH
ENERGY LASER ADVANCED TECHNOLOGY.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2019 for the Department
of Defense for High Energy Laser Advanced Technology (PE 0603924D8Z),
not more than 50 percent may be obligated or expended until the date on
which the Secretary of Defense submits to the congressional defense
committees a roadmap and detailed assessment of the high energy laser
programs of the Department of Defense, which shall include plans for
coordination across the Department and transition to programs of
record.
(b) Rule of Construction.--The limitation in subsection (a) shall
not be construed to apply to any other high energy laser program of the
Department of Defense other than the program element specified in such
subsection.
SEC. 217. PLAN FOR THE STRATEGIC CAPABILITIES OFFICE OF THE
DEPARTMENT OF DEFENSE.
(a) Plan Required.--Not later than March 1, 2019, the Secretary of
Defense, acting through the Under Secretary of Defense for Research and
Engineering, shall submit to the congressional defense committees a
plan--
(1) to eliminate the Strategic Capabilities Office of the
Department of Defense by not later than October 1, 2020;
(2) to transfer the functions of the Strategic Capabilities
Office to another organization or element of the Department by not
later than October 1, 2020; or
(3) to retain the Strategic Capabilities Office.
(b) Elements.--The plan required under subsection (a) shall include
the following:
(1) A timeline for the potential elimination, transfer, or
retention of some or all of the activities, functions, programs,
plans, and resources of the Strategic Capabilities Office.
(2) A strategy for mitigating risk to the programs of the
Strategic Capabilities Office.
(3) A strategy for implementing the lessons learned and best
practices of the Strategic Capabilities Office across the
organizations and elements of the Department of Defense to promote
enterprise-wide innovation.
(4) An assessment of the transition outcomes, research
portfolio, and mission accomplishment in the key functions of the
Strategic Capabilities Office described in subsection (c).
(5) An assessment of the relationship of the Strategic
Capabilities Office with--
(A) the acquisition and rapid capabilities programs of the
military departments;
(B) Department laboratories;
(C) the Defense Advanced Research Projects Agency; and
(D) other research and development activities.
(6) Assessment of management and bureaucratic challenges to the
effective and efficient execution of the Strategic Capabilities
Office missions, especially with respect to contracting and
personnel management.
(c) Key Functions Described.--The key functions described in this
subsection are the following:
(1) Repurposing existing Government and commercial systems for
new technological advantage.
(2) Developing novel concepts of operation that are lower cost,
more effective, and more responsive to changing threats than
traditional concepts of operation.
(3) Developing joint systems and concepts of operations to meet
emerging threats and military requirements based on partnerships
with the military departments and combatant commanders.
(4) Developing prototypes and new concepts of operations that
can inform the development of requirements and the establishment of
acquisition programs.
(d) Form of Plan.--The plan required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 218. NATIONAL DEFENSE SCIENCE AND TECHNOLOGY STRATEGY.
(a) Annual Strategy.--
(1) In general.--Not later than February 4, 2019, the Secretary
of Defense shall develop a strategy--
(A) to articulate the science and technology priorities,
goals, and investments of the Department of Defense; and
(B) to make recommendations on the future of the defense
research and engineering enterprise and its continued success
in an era of strategic competition.
(2) Elements.--The strategy required by paragraph (1) shall--
(A) be aligned with the National Defense Strategy and
Governmentwide strategic science and technology priorities,
including the defense budget priorities of the Office of
Science and Technology Policy of the President;
(B) link the priorities, goals, and outcomes in paragraph
(1)(A) with needed critical enablers to specific programs, or
broader portfolios, including--
(i) personnel and workforce capabilities;
(ii) facilities for research and test infrastructure;
(iii) relationships with academia, the acquisition
community, the operational community, and the commercial
sector; and
(iv) funding, investments, personnel, facilities, and
relationships with departments, agencies, or other Federal
entities outside the Department of Defense without which
defense capabilities would be severely degraded;
(C) evaluate the coordination of acquisition priorities,
programs, and timelines of the Department with the activities
of the defense research and engineering enterprise; and
(D) include recommendations for changes in authorities,
regulations, policies, or any other relevant areas, that would
support the achievement of the goals set forth in the strategy.
(3) Annual updates.--Not less frequently than once each year,
the Secretary shall revise and update the strategy required by
paragraph (1).
(4) Annual reports.--(A) Not later than February 4, 2019, and
not less frequently than once each year thereafter through December
31, 2021, the Secretary shall submit to the congressional defense
committees the strategy required by paragraph (1), as may be
revised and updated in accordance with paragraph (3).
(B) The reports submitted pursuant to subparagraph (A) shall be
submitted in unclassified form, but may include a classified annex.
(5) Briefing.--Not later than 14 days after the date on which
the strategy under paragraph (1) is completed, the Secretary shall
provide to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
briefing on the implementation of the strategy.
(6) Designation.--The strategy developed under paragraph (1)
shall be known as the ``National Defense Science and Technology
Strategy''.
(b) Assessment and Recommendations.--
(1) In general.--Not later than February 4, 2019, the Secretary
shall submit to the congressional defense committees a report with
an assessment and recommendations on the future of major elements
of the defense research and engineering enterprise, evaluating
warfighting contributions, portfolio management and coordination,
workforce management including special hiring authorities,
facilities and test infrastructure, relationships with private
sector and interagency partners, and governance, including a
comparison with the enterprises of other countries and the private
sector.
(2) Major elements of the defense research and engineering
enterprise.--The major elements of the defense research and
engineering enterprise referred to in paragraph (1) include the
following:
(A) The science and technology elements of the military
departments.
(B) The Department of Defense laboratories.
(C) The test ranges and facilities of the Department.
(D) The Defense Advanced Research Projects Agency (DARPA).
(E) The Defense Innovation Unit Experimental (DIU(x)).
(F) The Strategic Capabilities Office of the Department.
(G) The Small Business Innovation Research program of the
Department.
(H) The Small Business Technology Transfer program of the
Department.
(I) Such other elements, offices, programs, and activities
of the Department as the Secretary considers appropriate for
purposes of the this section.
(3) Consultation and comments.--In making recommendations under
paragraph (1), the Secretary shall consult with and seek comments
from groups and entities relevant to the recommendations, such as
the military departments, the combatant commands, the federally
funded research and development centers (FFRDCs), commercial
partners of the Department (including small business concerns), or
any advisory committee established by the Department that the
Secretary determines is appropriate based on the duties of the
advisory committee and the expertise of its members.
(4) Form of submission.--The report submitted pursuant to
paragraph (1) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 219. MODIFICATION OF CVN-73 TO SUPPORT FIELDING OF MQ-25
UNMANNED AERIAL VEHICLE.
The Secretary of the Navy shall--
(1) modify the compartments and infrastructure of the aircraft
carrier designated CVN-73 to support the fielding of the MQ-25
unmanned aerial vehicle before the date on which the refueling and
complex overhaul of the aircraft carrier is completed; and
(2) ensure such modification is sufficient to complete the full
installation of MQ-25 in no more than a single maintenance period
after such overhaul.
SEC. 220. ESTABLISHMENT OF INNOVATORS INFORMATION REPOSITORY IN THE
DEPARTMENT OF DEFENSE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall, acting through
the Defense Technical Information Center, establish an innovators
information repository within the Department of Defense in accordance
with this section.
(b) Maintenance of Information Repository.--The Under Secretary of
Defense for Research and Engineering shall maintain the information
repository and ensure that it is periodically updated.
(c) Elements of Information Repository.--The information repository
established under subsection (a) shall--
(1) be coordinated across the Department of Defense enterprise
to focus on small business innovators that are small, independent
United States businesses, including those participating in the
Small Business Innovation Research program or the Small Business
Technology Transfer program;
(2) include appropriate information about each participant,
including a description of--
(A) the need or requirement applicable to the participant;
(B) the participant's technology with appropriate technical
detail and appropriate protections of proprietary information
or data;
(C) any prior business of the participant with the
Department; and
(D) whether the participant's technology was incorporated
into a program of record; and
(3) incorporate the appropriate classification due to
compilation of information.
(d) Use of Information Repository.--After the information
repository is established under subsection (a), the Secretary shall
encourage use of the information repository by Department organizations
involved in technology development and protection, including program
offices, before initiating a Request for Information or a Request for
Proposal to determine whether an organic technology exists or is being
developed currently by a an entity supported by the Department (which
may include a company, academic consortium, or other entity).
SEC. 221. STRATEGIC PLAN FOR DEPARTMENT OF DEFENSE TEST AND
EVALUATION RESOURCES.
Section 196(d) of title 10, United States Code, is amended--
(1) by amending paragraph (1) to read as follows: ``(1) Not
less often than once every two fiscal years, the Under Secretary of
Defense for Research and Engineering, in coordination with the
Director of the Department of Defense Test Resources Management
Center, the Director of Operational Test and Evaluation, the
Director of the Defense Intelligence Agency, the Secretaries of the
military departments, and the heads of Defense Agencies with test
and evaluation responsibilities, shall complete a strategic plan
reflecting the future needs of the Department of Defense with
respect to test and evaluation facilities and resources. Each
strategic plan shall cover the period of thirty fiscal years
beginning with the fiscal year in which the plan is submitted under
paragraph (3). The strategic plan shall be based on a comprehensive
review of both funded and unfunded test and evaluation requirements
of the Department, future threats to national security, and the
adequacy of the test and evaluation facilities and resources of the
Department to meet those future requirements and threats.''; and
(2) in paragraph (2)(C), by striking ``needed to meet such
requirements'' and inserting ``needed to meet current and future
requirements based on current and emerging threats''.
SEC. 222. COLLABORATION BETWEEN DEFENSE LABORATORIES, INDUSTRY, AND
ACADEMIA; OPEN CAMPUS PROGRAM.
(a) Collaboration.--The Secretary of Defense may carry out
activities to prioritize innovative collaboration between Department of
Defense science and technology reinvention laboratories, industry, and
academia.
(b) Open Campus Program.--In carrying out subsection (a), the
Secretary, acting through the Commander of the Air Force Research
Laboratory, the Commander of the Army Research, Development and
Engineering Command, and the Chief of Naval Research, or such other
officials of the Department as the Secretary considers appropriate, may
develop and implement an open campus program for the Department science
and technology reinvention laboratories which shall be modeled after
the open campus program of the Army Research Laboratory.
SEC. 223. PERMANENT EXTENSION AND CODIFICATION OF AUTHORITY TO
CONDUCT TECHNOLOGY PROTECTION FEATURES ACTIVITIES DURING RESEARCH
AND DEVELOPMENT OF DEFENSE SYSTEMS.
(a) In General.--Chapter 139 of title 10, United States Code, is
amended by inserting before section 2358 the following new section:
``Sec. 2357. Technology protection features activities
``(a) Activities.--The Secretary of Defense shall carry out
activities to develop and incorporate technology protection features in
a designated system during the research and development phase of such
system.
``(b) Cost-sharing.--Any contract for the design or development of
a system resulting from activities under subsection (a) for the purpose
of enhancing or enabling the exportability of the system, either for
the development of program protection strategies for the system or the
design and incorporation of exportability features into the system,
shall include a cost-sharing provision that requires the contractor to
bear half of the cost of such activities, or such other portion of such
cost as the Secretary considers appropriate upon showing of good cause.
``(c) Definitions.--In this section:
``(1) The term `designated system' means any system (including
a major system, as defined in section 2302(5) of title 10, United
States Code) that the Under Secretary of Defense for Acquisition
and Sustainment designates for purposes of this section.
``(2) The term `technology protection features' means the
technical modifications necessary to protect critical program
information, including anti-tamper technologies and other systems
engineering activities intended to prevent or delay exploitation of
critical technologies in a designated system.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of title 10, United States Code, is amended by inserting
before the item relating to section 2358 the following new item:
``2357. Technology protection features activities.''.
(c) Conforming Repeal.--Section 243 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2358 note) is
repealed.
SEC. 224. CODIFICATION AND REAUTHORIZATION OF DEFENSE RESEARCH AND
DEVELOPMENT RAPID INNOVATION PROGRAM.
(a) Codification.--
(1) In general.--Chapter 139 of title 10, United States Code,
is amended by inserting after section 2359 the following new
section:
``Sec. 2359a. Defense Research and Development Rapid Innovation Program
``(a) Program Established.--(1) The Secretary of Defense shall
establish a competitive, merit-based program to accelerate the fielding
of technologies developed pursuant to phase II Small Business
Innovation Research Program projects, technologies developed by the
defense laboratories, and other innovative technologies (including dual
use technologies).
``(2) The purpose of this program is to stimulate innovative
technologies and reduce acquisition or lifecycle costs, address
technical risks, improve the timeliness and thoroughness of test and
evaluation outcomes, and rapidly insert such products directly in
support of primarily major defense acquisition programs, but also other
defense acquisition programs that meet critical national security
needs.
``(b) Guidelines.--The Secretary shall issue guidelines for the
operation of the program. At a minimum such guidance shall provide for
the following:
``(1) The issuance of one or more broad agency announcements or
the use of any other competitive or merit-based processes by the
Department of Defense for candidate proposals in support of defense
acquisition programs as described in subsection (a).
``(2) The review of candidate proposals by the Department of
Defense and by each military department and the merit-based
selection of the most promising cost-effective proposals for
funding through contracts, cooperative agreements, and other
transactions for the purposes of carrying out the program.
``(3) The total amount of funding provided to any project under
the program from funding provided under subsection (d) shall not
exceed $3,000,000, unless the Secretary, or the Secretary's
designee, approves a larger amount of funding for the project.
``(4) No project shall receive more than a total of two years
of funding under the program from funding provided under subsection
(d), unless the Secretary, or the Secretary's designee, approves
funding for any additional year.
``(5) Mechanisms to facilitate transition of follow-on or
current projects carried out under the program into defense
acquisition programs, through the use of the authorities of section
2302e of this title or such other authorities as may be appropriate
to conduct further testing, low rate production, or full rate
production of technologies developed under the program.
``(6) Projects are selected using merit-based selection
procedures and the selection of projects is not subject to undue
influence by Congress or other Federal agencies.
``(c) Treatment Pursuant to Certain Congressional Rules.--Nothing
in this section shall be interpreted to require or enable any official
of the Department of Defense to provide funding under this section to
any earmark as defined pursuant to House Rule XXI, clause 9, or any
congressionally directed spending item as defined pursuant to Senate
Rule XLIV, paragraph 5.
``(d) Funding.--Subject to the availability of appropriations for
such purpose, the amounts authorized to be appropriated for research,
development, test, and evaluation for a fiscal year may be used for
such fiscal year for the program established under subsection (a).
``(e) Transfer Authority.--(1) The Secretary may transfer funds
available for the program to the research, development, test, and
evaluation accounts of a military department, defense agency, or the
unified combatant command for special operations forces pursuant to a
proposal, or any part of a proposal, that the Secretary determines
would directly support the purposes of the program.
``(2) The transfer authority provided in this subsection is in
addition to any other transfer authority available to the Department of
Defense.''.
(2) 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 2359 the following new item:
``2359a. Defense Research and Development Rapid Innovation Program.''.
(b) Conforming Amendments.--
(1) Repeal of old provision.--Section 1073 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 10 U.S.C. 2359 note) is hereby repealed.
(2) Repeal of old table of contents item.--The table of
contents in section 2(b) of such Act is amended by striking the
item relating to section 1073.
SEC. 225. PROCEDURES FOR RAPID REACTION TO EMERGING TECHNOLOGY.
(a) Requirement to Establish Procedures.--Not later than 180 days
after the date of the enactment of this Act, the Under Secretary of
Defense for Research and Engineering shall prescribe procedures for the
designation and development of technologies that are--
(1) urgently needed--
(A) to react to a technological development of an adversary
of the United States; or
(B) to respond to a significant and urgent emerging
technology; and
(2) not receiving appropriate research funding or attention
from the Department of Defense.
(b) Elements.--The procedures prescribed under subsection (a) shall
include the following:
(1) A process for streamlined communications between the Under
Secretary, the Joint Chiefs of Staff, the commanders of the
combatant commands, the science and technology executives within
each military department, and the science and technology community,
including--
(A) a process for the commanders of the combatant commands
and the Joint Chiefs of Staff to communicate their needs to the
science and technology community; and
(B) a process for the science and technology community to
propose technologies that meet the needs communicated by the
combatant commands and the Joint Chiefs of Staff.
(2) Procedures for the development of technologies proposed
pursuant to paragraph (1)(B), including--
(A) a process for demonstrating performance of the proposed
technologies on a short timeline;
(B) a process for developing a development strategy for a
technology, including integration into future budget years; and
(C) a process for making investment determinations based on
information obtained pursuant to subparagraphs (A) and (B).
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary shall provide to the
congressional defense committees a briefing on the procedures required
by subsection (a).
SEC. 226. ACTIVITIES ON IDENTIFICATION AND DEVELOPMENT OF ENHANCED
PERSONAL PROTECTIVE EQUIPMENT AGAINST BLAST INJURY.
(a) Activities Required.--During calendar year 2019, the Secretary
of the Army shall, in consultation with the Director of Operational
Test and Evaluation, carry out a set of activities to identify and
develop personal equipment to provide enhanced protection against
injuries caused by blasts in combat and training.
(b) Activities.--
(1) Continuous evaluation process.--For purposes of the
activities required by subsection (a), the Secretary shall
establish a process to continuously solicit from government,
industry, academia, and other appropriate entities personal
protective equipment that is ready for testing and evaluation in
order to identify and evaluate equipment or clothing that is more
effective in protecting members of the Armed Forces from the
harmful effects of blast injuries, including traumatic brain
injuries, and would be suitable for expedited procurement and
fielding.
(2) Goals.--The goals of the activities shall include:
(A) Development of streamlined requirements for procurement
of personal protective equipment.
(B) Appropriate testing of personal protective equipment
prior to procurement and fielding.
(C) Development of expedited mechanisms for deployment of
effective personal protective equipment.
(D) Identification of areas of research in which increased
investment has the potential to improve the quality of personal
protective equipment and the capability of the industrial base
to produce such equipment.
(E) Such other goals as the Secretary considers
appropriate.
(3) Partnerships for certain assessments.--As part of the
activities, the Secretary should continue to establish partnerships
with appropriate academic institutions for purposes of assessing
the following:
(A) The ability of various forms of personal protective
equipment to protect against common blast injuries, including
traumatic brain injuries.
(B) The value of real-time data analytics to track the
effectiveness of various forms of personal protective equipment
to protect against common blast injuries, including traumatic
brain injuries.
(C) The availability of commercial-off the-shelf personal
protective technology to protect against traumatic brain injury
resulting from blasts.
(D) The extent to which the equipment determined through
the assessment to be most effective to protect against common
blast injuries is readily modifiable for different body types
and to provide lightweight material options to enhance
maneuverability.
(c) Authorities.--In carrying out activities under subsection (a),
the Secretary may use any authority as follows:
(1) Experimental procurement authority under section 2373 of
title 10, United States Code.
(2) Other transactions authority under section 2371 and 2371b
of title 10, United States Code.
(3) Authority to award technology prizes under section 2374a of
title 10, United States Code.
(4) Authority under the Defense Acquisition Challenge Program
under section 2359b of title 10, United States Code.
(5) Any other authority on acquisition, technology transfer,
and personnel management that the Secretary considers appropriate.
(d) Certain Treatment of Activities.--Any activities under this
section shall be deemed to have been through the use of competitive
procedures for the purposes of section 2304 of title 10, United States
Code.
(e) On-going Assessment Following Activities.--After the completion
of activities under subsection (a), the Secretary shall, on an on-going
basis, do the following:
(1) Evaluate the extent to which personal protective equipment
identified through the activities would--
(A) enhance survivability of personnel from blasts in
combat and training; and
(B) enhance prevention of brain damage, and reduction of
any resultant chronic brain dysfunction, from blasts in combat
and training.
(2) In the case of personal protective equipment so identified
that would provide enhancements as described in paragraph (1),
estimate the costs that would be incurred to procure such enhanced
personal protective equipment, and develop a schedule for the
procurement of such equipment.
(3) Estimate the potential health care cost savings that would
occur from expanded use of personal protective equipment described
in paragraph (2).
(f) Report.--Not later than December 1, 2019, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the activities under subsection (a) as of the date of the report.
(g) Funding.--Of the amount authorized to be appropriated for
fiscal year 2019 by this Act for research, development, test, and
evaluation, as specified in the funding tables in division D,
$10,000,000 may be used to carry out this section.
SEC. 227. HUMAN FACTORS MODELING AND SIMULATION ACTIVITIES.
(a) Activities Required.--The Secretary of Defense shall develop
and provide for the carrying out of human factors modeling and
simulation activities designed to do the following:
(1) Provide warfighters and civilians with personalized
assessment, education, and training tools.
(2) Identify and implement effective ways to interface and team
warfighters with machines.
(3) Result in the use of intelligent, adaptive augmentation to
enhance decision making.
(4) Result in the development of techniques, technologies, and
practices to mitigate critical stressors that impede warfighter and
civilian protection, sustainment, and performance.
(b) Purpose.--The overall purpose of the activities shall be to
accelerate research and development that enhances capabilities for
human performance, human-systems integration, and training for the
warfighter.
(c) Participants in Activities.--Participants in the activities may
include the following:
(1) Elements of the Department of Defense engaged in science
and technology activities.
(2) Program Executive Offices of the Department.
(3) Academia.
(4) The private sector.
(5) Such other participants as the Secretary considers
appropriate.
SEC. 228. EXPANSION OF MISSION AREAS SUPPORTED BY MECHANISMS FOR
EXPEDITED ACCESS TO TECHNICAL TALENT AND EXPERTISE AT ACADEMIC
INSTITUTIONS.
Section 217(e) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is amended--
(1) by redesignating paragraph (23) as paragraph (27); and
(2) by inserting after paragraph (22) the following new
paragraphs:
``(23) Space.
``(24) Infrastructure resilience.
``(25) Photonics.
``(26) Autonomy.''.
SEC. 229. ADVANCED MANUFACTURING ACTIVITIES.
(a) Designation.--The Under Secretary of Defense for Acquisition
and Sustainment and the Under Secretary of Defense for Research and
Engineering shall jointly, in coordination with Secretaries of the
military departments, establish at least one activity per military
service to demonstrate advanced manufacturing techniques and
capabilities at depot-level activities or military arsenal facilities
of the military departments.
(b) Purposes.--The activities established pursuant to subsection
(a) shall--
(1) support efforts to implement advanced manufacturing
techniques and capabilities;
(2) identify improvements to sustainment methods for component
parts and other logistics needs;
(3) identify and implement appropriate information security
protections to ensure security of advanced manufacturing;
(4) aid in the procurement of advanced manufacturing equipment
and support services;
(5) enhance partnerships between the defense industrial base
and Department of Defense laboratories, academic institutions, and
industry; and
(6) to the degree practicable, include an educational or
training component to build an advanced manufacturing workforce.
(c) Cooperative Agreements and Partnerships.--
(1) In general.--The Under Secretaries may enter into a
cooperative agreement and use public-private and public-public
partnerships to facilitate development of advanced manufacturing
techniques in support of the defense industrial base.
(2) Requirements.--A cooperative agreement entered into under
paragraph (1) and a partnership used under such paragraph shall
facilitate--
(A) development and implementation of advanced
manufacturing techniques and capabilities;
(B) appropriate sharing of information in the adaptation of
advanced manufacturing, including technical data rights;
(C) implementation of appropriate information security
protections into advanced manufacturing tools and techniques;
and
(D) support of necessary workforce development.
(d) Authorities.--In carrying out this section, the Under
Secretaries may use the following authorities:
(1) Section 2196 of title 10, United States Code, relating to
the Manufacturing Engineering Education Program.
(2) Section 2368 of such title, relating to centers for
science, technology, and engineering partnership.
(3) Section 2374a of such title, relating to prizes for
advanced technology achievements.
(4) Section 2474 of such title, relating to centers of
industrial and technical excellence.
(5) Section 2521 of such title, relating to the Manufacturing
Technology Program.
(6) Section 12 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United
States Code, relating to cooperative research and development
agreements.
(7) Such other authorities as the Under Secretaries considers
appropriate.
SEC. 230. NATIONAL SECURITY INNOVATION ACTIVITIES.
(a) Establishment.--The Under Secretary of Defense for Research and
Engineering shall establish activities to develop interaction between
the Department of Defense and the commercial technology industry and
academia with regard to emerging hardware products and technologies
with national security applications.
(b) Elements.--The activities required by subsection (a) shall
include the following:
(1) Informing and encouraging private investment in specific
hardware technologies of interest to future defense technology
needs with unique national security applications.
(2) Funding research and technology development in hardware-
intensive capabilities that private industry has not sufficiently
supported to meet rapidly emerging defense and national security
needs.
(3) Contributing to the development of policies, policy
implementation, and actions to deter strategic acquisition of
industrial and technical capabilities in the private sector by
foreign entities that could potentially exclude companies from
participating in the Department of Defense technology and
industrial base.
(4) Identifying promising emerging technology in industry and
academia for the Department of Defense for potential support or
research and development cooperation.
(c) Transfer of Personnel and Resources.--
(1) In general.--Subject to paragraph (2), the Under Secretary
may transfer such personnel, resources, and authorities that are
under the control of the Under Secretary as the Under Secretary
considers appropriate to carry out the activities established under
subsection (a) from other elements of the Department under the
control of the Under Secretary or upon approval of the Secretary of
Defense.
(2) Certification.--The Under Secretary may only make a
transfer of personnel, resources, or authorities under paragraph
(1) upon certification by the Under Secretary that the activities
established under paragraph (a) can attract sufficient private
sector investment, has personnel with sufficient technical and
management expertise, and has identified relevant technologies and
systems for potential investment in order to carry out the
activities established under subsection (a), independent of further
government funding beyond this authorization.
(d) Establishment of Nonprofit Entity.--The Under Secretary may
establish or fund a nonprofit entity to carry out the program
activities under subsection (a).
(e) Plan.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Under Secretary shall submit to the
congressional defense committees a detailed plan to carry out this
section.
(2) Elements.--The plan required by paragraph (1) shall include
the following:
(A) A description of the additional authorities needed to
carry out the activities set forth in subsection (b).
(B) Plans for transfers under subsection (c), including
plans for private fund-matching and investment mechanisms,
oversight, treatment of rights relating to technical data
developed, and relevant dates and goals of such transfers.
(C) Plans for attracting the participation of the
commercial technology industry and academia and how those plans
fit into the current Department of Defense research and
engineering enterprise.
(f) Authorities.--In carrying out this section, the Under Secretary
may use the following authorities:
(1) Section 1711 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91), relating to a pilot program
on strengthening manufacturing in the defense industrial base.
(2) Section 1599g of title 10 of the United States Code,
relating to public-private talent exchanges.
(3) Section 2368 of such title, relating to Centers for
Science, Technology, and Engineering Partnerships.
(4) Section 2374a of such title, relating to prizes for
advanced technology achievements.
(5) Section 2474 of such title, relating to Centers of
Industrial and Technical Excellence.
(6) Section 2521 of such title, relating to the Manufacturing
Technology Program.
(7) Subchapter VI of chapter 33 of title 5, United States Code,
relating to assignments to and from States.
(8) Chapter 47 of such title, relating to personnel research
programs and demonstration projects.
(9) Section 12 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United
States Code, relating to cooperative research and development
agreements.
(10) Such other authorities as the Under Secretary considers
appropriate.
(g) Notice Required.--Not later than 15 days before the date on
which the Under Secretary first exercises the authority granted under
subsection (d) and not later than 15 days before the date on which the
Under Secretary first obligates or expends any amount authorized under
subsection (h), the Under Secretary shall notify the congressional
defense committees of such exercise, obligation, or expenditure, as the
case may be.
(h) Funding.--Of the amount authorized to be appropriated for
fiscal year 2019 for the Department of Defense by section 201 and
subject to the availability of appropriations, up to $75,000,000 may be
available to carry out this section.
SEC. 231. PARTNERSHIP INTERMEDIARIES FOR PROMOTION OF DEFENSE
RESEARCH AND EDUCATION.
Section 2368 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) Use of Partnership Intermediaries to Promote Defense Research
and Education.--(1) Subject to the approval of the Secretary or the
head of the another department or agency of the Federal Government
concerned, the Director of a Center may enter into a contract,
memorandum of understanding or other transition with a partnership
intermediary that provides for the partnership intermediary to perform
services for the Department of Defense that increase the likelihood of
success in the conduct of cooperative or joint activities of the Center
with industry or academic institutions.
``(2) In this subsection, the term `partnership intermediary' means
an agency of a State or local government, or a nonprofit entity owned
in whole or in part by, chartered by, funded in whole or in part by, or
operated in whole or in part by or on behalf of a State or local
government, that assists, counsels, advises, evaluates, or otherwise
cooperates with industry or academic institutions that need or can make
demonstrably productive use of technology-related assistance from a
Center.''.
SEC. 232. LIMITATION ON USE OF FUNDS FOR SURFACE NAVY LASER WEAPON
SYSTEM.
(a) Limitation.--None of the funds authorized to be appropriated or
otherwise made available by this Act may be used to exceed, in fiscal
year 2019, a procurement quantity of one Surface Navy Laser Weapon
System, also known as the High Energy Laser and Integrated Optical-
dazzler with Surveillance (HELIOS), unless the Secretary of the Navy
submits to the congressional defense committees a report on such system
with the elements set forth in subsection (b).
(b) Elements.--The elements set forth in this subsection are, with
respect to the system described in subsection (a), the following:
(1) A document setting forth the requirements for the system,
including desired performance characteristics.
(2) An acquisition plan that includes the following:
(A) A program schedule to accomplish design completion,
technology maturation, risk reduction, and other activities,
including dates of key design reviews (such as Preliminary
Design Review and Critical Design Review) and program
initiation decision (such as Milestone B) if applicable.
(B) A contracting strategy, including requests for
proposals, the extent to which contracts will be competitively
awarded, option years, option quantities, option prices, and
ceiling prices.
(C) The fiscal years of procurement and delivery for each
engineering development model, prototype, or similar unit
planned to be acquired.
(D) A justification for the fiscal years of procurement and
delivery for each engineering development model, prototype, or
similar unit planned to be acquired.
(3) A test plan and schedule sufficient to achieve operational
effectiveness and operational suitability determinations (such as
Early Operational Capability and Initial Operational Capability)
related to the requirements set forth in paragraph (1).
(4) Associated funding and item quantities, disaggregated by
fiscal year and appropriation, requested in the Fiscal Year 2019
Future Years Defense Program.
(5) An estimate of the acquisition costs, including the total
costs for procurement, research, development, test, and evaluation.
SEC. 233. EXPANSION OF COORDINATION REQUIREMENT FOR SUPPORT FOR
NATIONAL SECURITY INNOVATION AND ENTREPRENEURIAL EDUCATION.
Section 225(e) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2359 note) is amended by adding
at the end the following new paragraphs:
``(16) The National Security Technology Accelerator.
``(17) The I-Corps Program.''.
SEC. 234. DEFENSE QUANTUM INFORMATION SCIENCE AND TECHNOLOGY
RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary of Defense shall carry out a
quantum information science and technology research and development
program.
(b) Purposes.--The purposes of the program required by subsection
(a) are as follows:
(1) To ensure global superiority of the United States in
quantum information science necessary for meeting national security
requirements.
(2) To coordinate all quantum information science and
technology research and development within the Department of
Defense and to provide for interagency cooperation and
collaboration on quantum information science and technology
research and development between the Department of Defense and
other departments and agencies of the United States and appropriate
private sector entities that are involved in quantum information
science and technology research and development.
(3) To develop and manage a portfolio of fundamental and
applied quantum information science and technology and engineering
research initiatives that is stable, consistent, and balanced
across scientific disciplines.
(4) To accelerate the transition and deployment of technologies
and concepts derived from quantum information science and
technology research and development into the Armed Forces, and to
establish policies, procedures, and standards for measuring the
success of such efforts.
(5) To collect, synthesize, and disseminate critical
information on quantum information science and technology research
and development.
(6) To establish and support appropriate research, innovation,
and industrial base, including facilities and infrastructure, to
support the needs of Department of Defense missions and systems
related to quantum information science and technology.
(c) Administration.--In carrying out the program required by
subsection (a), the Secretary shall act through the Under Secretary of
Defense for Research and Engineering, who shall supervise the planning,
management, and coordination of the program. The Under Secretary, in
consultation with the Secretaries of the military departments and the
heads of participating Defense Agencies and other departments and
agencies of the United States, shall--
(1) prescribe a set of long-term challenges and a set of
specific technical goals for the program, including--
(A) optimization of analysis of national security data
sets;
(B) development of defense related quantum computing
algorithms;
(C) design of new materials and molecular functions;
(D) secure communications and cryptography, including
development of quantum communications protocols;
(E) quantum sensing and metrology;
(F) development of mathematics relating to quantum
enhancements to sensing, communications, and computing; and
(G) processing and manufacturing of low-cost, robust, and
reliable quantum information science and technology-enabled
devices and systems;
(2) develop a coordinated and integrated research and
investment plan for meeting the near-, mid-, and long-term
challenges with definitive milestones while achieving the specific
technical goals that builds upon the Department's increased
investment in quantum information science and technology research
and development, commercial sector and global investments, and
other United States Government investments in the quantum sciences;
(3) not later than 180 days after the date of the enactment of
this Act, develop and continuously update guidance, including
classification and data management plans for defense-related
quantum information science and technology activities, and policies
for control of personnel participating on such activities to
minimize the effects of loss of intellectual property in basic and
applied quantum science and information considered sensitive to the
leadership of the United States in the field of quantum information
science and technology; and
(4) develop memoranda of agreement, joint funding agreements,
and other cooperative arrangements necessary for meeting the long-
term challenges and achieving the specific technical goals.
(d) Report.--
(1) In general.--Not later than December 31, 2020, the
Secretary shall submit to the congressional defense committees a
report on the program, in both classified and unclassified format.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the knowledge-base of the Department
with respect to quantum sciences, plans to defend against
quantum based attacks, and any plans of the Secretary to
enhance such knowledge-base.
(B) A plan that describes how the Secretary intends to use
quantum sciences for military applications and to meet other
needs of the Department.
(C) An assessment of the efforts of foreign powers to use
quantum sciences for military applications and other purposes.
(D) A description of activities undertaken consistent with
this section, including funding for activities consistent with
the section.
(E) Such other matters as the Secretary considers
appropriate.
SEC. 235. JOINT DIRECTED ENERGY TEST ACTIVITIES.
(a) Test Activities.--The Under Secretary of Defense for Research
and Engineering shall, in the Under Secretary's capacity as the
official with principal responsibility for the development and
demonstration of directed energy weapons for the Department of Defense
pursuant to section 219(a)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2431 note),
develop, establish, and coordinate directed energy testing activities
adequate to ensure the achievement by the Department of Defense of
goals of the Department for developing and deploying directed energy
systems to match national security needs.
(b) Elements.--The activity established under subsection (a) shall
include the following:
(1) The High Energy Laser System Test Facility of the Army Test
and Evaluation Command.
(2) Such other test resources and activities as the Under
Secretary may designate for purposes of this section.
(c) Designation.--The test activities established under subsection
(a) shall be considered part of the Major Range and Test Facility Base
(as defined in 196(i) of title 10, United States Code).
(d) Prioritization of Effort.--In developing and coordinating
testing activities pursuant to subsection (a), the Under Secretary
shall prioritize efforts consistent with the following:
(1) Paragraphs (2) through (5) of section 219(a) of the
National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C.
2431 note).
(2) Enabling the standardized collection and evaluation of
testing data to establish testing references and benchmarks.
(3) Concentrating sufficient personnel expertise of directed
energy weapon systems in order to validate the effectiveness of new
weapon systems against a variety of targets.
(4) Consolidating modern state-of-the-art testing
infrastructure including telemetry, sensors, and optics to support
advanced technology testing and evaluation.
(5) Formulating a joint lethality or vulnerability information
repository that can be accessed by any of the military departments
of Defense Agencies, similar to a Joint Munitions Effectiveness
Manuals (JMEMs).
(6) Reducing duplication of directed energy weapon testing.
(7) Ensuring that an adequate workforce and adequate testing
facilities are maintained to support missions of the Department of
Defense.
SEC. 236. REQUIREMENT FOR ESTABLISHMENT OF ARRANGEMENTS FOR
EXPEDITED ACCESS TO TECHNICAL TALENT AND EXPERTISE AT ACADEMIC
INSTITUTIONS TO SUPPORT DEPARTMENT OF DEFENSE MISSIONS.
(a) In General.--Subsection (a)(1) of section 217 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2358 note) is amended by striking ``and each secretary of a
military department may establish one or more'' and inserting ``shall,
acting through the secretaries of the military departments, establish
not fewer than three''.
(b) Extension.--Subsection (f) of such section is amended by
striking ``September 30, 2020'' and inserting ``September 30, 2022''.
SEC. 237. AUTHORITY FOR JOINT DIRECTED ENERGY TRANSITION OFFICE TO
CONDUCT RESEARCH RELATING TO HIGH POWERED MICROWAVE CAPABILITIES.
Section 219(b)(3) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2431 note) is amended
by inserting ``, including high-powered microwaves,'' after ``energy
systems and technologies''.
SEC. 238. JOINT ARTIFICIAL INTELLIGENCE RESEARCH, DEVELOPMENT, AND
TRANSITION ACTIVITIES.
(a) Establishment.--
(1) In general.--The Secretary of Defense shall establish a set
of activities within the Department of Defense to coordinate the
efforts of the Department to develop, mature, and transition
artificial intelligence technologies into operational use.
(2) Emphasis.--The set of activities established under
paragraph (1) shall apply artificial intelligence and machine
learning solutions to operational problems and coordinate
activities involving artificial intelligence and artificial
intelligence enabled capabilities within the Department.
(b) Designation.--Not later than one year after the date of the
enactment of this Act, the Secretary shall designate a senior official
of the Department with principal responsibility for the coordination of
activities relating to the development and demonstration of artificial
intelligence and machine learning for the Department.
(c) Duties.--The duties of the official designated under subsection
(b) shall include the following:
(1) Strategic plan.--Developing a detailed strategic plan to
develop, mature, adopt, and transition artificial intelligence
technologies into operational use. Such plan shall include the
following:
(A) A strategic roadmap for the identification and
coordination of the development and fielding of artificial
intelligence technologies and key enabling capabilities.
(B) The continuous evaluation and adaptation of relevant
artificial intelligence capabilities developed both inside the
Department and in other organizations for military missions and
business operations.
(2) Acceleration of development and fielding of artificial
intelligence.--To the degree practicable, the designated official
shall--
(A) use the flexibility of regulations, personnel,
acquisition, partnerships with industry and academia, or other
relevant policies of the Department to accelerate the
development and fielding of artificial intelligence
capabilities;
(B) ensure engagement with defense and private industries,
research universities, and unaffiliated, nonprofit research
institutions;
(C) provide technical advice and support to entities in the
Department and the military departments to optimize the use of
artificial intelligence and machine learning technologies to
meet Department missions;
(D) support the development of requirements for artificial
intelligence capabilities that address the highest priority
capability gaps of the Department and technical feasibility;
(E) develop and support capabilities for technical analysis
and assessment of threat capabilities based on artificial
intelligence;
(F) ensure that the Department has appropriate workforce
and capabilities at laboratories, test ranges, and within the
organic defense industrial base to support the artificial
intelligence capabilities and requirements of the Department;
(G) develop classification guidance for all artificial
intelligence related activities of the Department;
(H) work with appropriate officials to develop appropriate
ethical, legal, and other policies for the Department governing
the development and use of artificial intelligence enabled
systems and technologies in operational situations; and
(I) ensure--
(i) that artificial intelligence programs of each
military department and of the Defense Agencies are
consistent with the priorities identified under this
section; and
(ii) appropriate coordination of artificial
intelligence activities of the Department with interagency,
industry, and international efforts relating to artificial
intelligence, including relevant participation in standards
setting bodies.
(3) Governance and oversight of artificial intelligence and
machine learning policy.--Regularly convening appropriate officials
across the Department--
(A) to integrate the functional activities of the
organizations and elements of the Department with respect to
artificial intelligence and machine learning;
(B) to ensure there are efficient and effective artificial
intelligence and machine learning capabilities throughout the
Department; and
(C) to develop and continuously improve research,
innovation, policy, joint processes, and procedures to
facilitate the development, acquisition, integration,
advancement, oversight, and sustainment of artificial
intelligence and machine learning throughout the Department.
(d) Access to Information.--The Secretary shall ensure that the
official designated under subsection (b) has access to such information
on programs and activities of the military departments and other
Defense Agencies as the Secretary considers appropriate to carry out
the coordination described in subsection (b) and the duties set forth
in subsection (c).
(e) Study on Artificial Intelligence Topics.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the official designated under subsection (b)
shall--
(A) complete a study on past and current advances in
artificial intelligence and the future of the discipline,
including the methods and means necessary to advance the
development of the discipline, to comprehensively address the
national security needs and requirements of the Department; and
(B) submit to the congressional defense committees a report
on the findings of the designated official with respect to the
study completed under subparagraph (A).
(2) Consultation with experts.--In conducting the study
required by paragraph (1)(A), the designated official shall consult
with experts within the Department, other Federal agencies,
academia, any advisory committee established by the Secretary that
the Secretary determines appropriate based on the duties of the
advisory committee and the expertise of its members, and the
commercial sector, as the Secretary considers appropriate.
(3) Elements.--The study required by paragraph (1)(A) shall
include the following:
(A) A comprehensive and national-level review of--
(i) advances in artificial intelligence, machine
learning, and associated technologies relevant to the needs
of the Department and the Armed Forces; and
(ii) the competitiveness of the Department in
artificial intelligence, machine learning, and such
technologies.
(B) Near-term actionable recommendations to the Secretary
for the Department to secure and maintain technical advantage
in artificial intelligence, including ways--
(i) to more effectively organize the Department for
artificial intelligence;
(ii) to educate, recruit, and retain leading talent;
and
(iii) to most effectively leverage investments in basic
and advanced research and commercial progress in these
technologies.
(C) Recommendations on the establishment of Departmentwide
data standards and the provision of incentives for the sharing
of open training data, including those relevant for research
into systems that integrate artificial intelligence and machine
learning with human teams.
(D) Recommendations for engagement by the Department with
relevant agencies that will be involved with artificial
intelligence in the future.
(E) Recommendations for legislative action relating to
artificial intelligence, machine learning, and associated
technologies, including recommendations to more effectively
fund and organize the Department.
(f) Delineation of Definition of Artificial Intelligence.--Not
later than one year after the date of the enactment of this Act, the
Secretary shall delineate a definition of the term ``artificial
intelligence'' for use within the Department.
(g) Artificial Intelligence Defined.--In this section, the term
``artificial intelligence'' includes the following:
(1) Any artificial system that performs tasks under varying and
unpredictable circumstances without significant human oversight, or
that can learn from experience and improve performance when exposed
to data sets.
(2) An artificial system developed in computer software,
physical hardware, or other context that solves tasks requiring
human-like perception, cognition, planning, learning,
communication, or physical action.
(3) An artificial system designed to think or act like a human,
including cognitive architectures and neural networks.
(4) A set of techniques, including machine learning, that is
designed to approximate a cognitive task.
(5) An artificial system designed to act rationally, including
an intelligent software agent or embodied robot that achieves goals
using perception, planning, reasoning, learning, communicating,
decision making, and acting.
Subtitle C--Reports and Other Matters
SEC. 241. REPORT ON SURVIVABILITY OF AIR DEFENSE ARTILLERY.
(a) Report Required.--Not later than March 1, 2019, the Secretary
of the Army shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the efforts of the
Army to improve the survivability of air defense artillery, with a
particular focus on the efforts of the Army to improve passive and
active nonkinetic capabilities and training with respect to such
artillery.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An analysis of the utility of relevant passive and active
non-kinetic integrated air and missile defense capabilities,
including tactical mobility, new passive and active sensors,
signature reduction, concealment, and deception systems, and
electronic warfare and high-powered radio frequency systems.
(2) An analysis of the utility of relevant active kinetic
capabilities, such as a new, long-range counter-maneuvering threat
missile and additional indirect fire protection capability units to
defend Patriot and Terminal High Altitude Area Defense batteries.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a classified annex.
SEC. 242. T-45 AIRCRAFT PHYSIOLOGICAL EPISODE MITIGATION ACTIONS.
Section 1063(b) of the National Defense Authorization Act for
Fiscal Year 2018 (131 Stat. 1576; Public Law 115-91) is amended by
adding at the end the following new paragraphs:
``(5) A list of all modifications to the T-45 aircraft and
associated ground equipment carried out during fiscal years 2017
through 2019 to mitigate the risk of physiological episodes among
T-45 crewmembers.
``(6) The results achieved by the modifications listed pursuant
to paragraph (5), as determined by relevant testing and operational
activities.
``(7) The cost of the modifications listed pursuant to
paragraph (5).
``(8) Any plans of the Navy for future modifications to the T-
45 aircraft that are intended to mitigate the risk of physiological
episodes among T-45 crewmembers.''.
SEC. 243. REPORT ON EFFORTS OF THE AIR FORCE TO MITIGATE
PHYSIOLOGICAL EPISODES AFFECTING AIRCRAFT CREWMEMBERS.
(a) Report Required.--Not later than March 1, 2019, the Secretary
of the Air Force shall submit to the congressional defense committees a
report on all efforts of the Air Force to reduce the occurrence of, and
mitigate the risk posed by, physiological episodes affecting
crewmembers of covered aircraft.
(b) Elements.--The report required under subsection (a) shall
include--
(1) information on the rate of physiological episodes affecting
crewmembers of covered aircraft;
(2) a description of the specific actions carried out by the
Air Force to address such episodes, including a description of any
upgrades or other modifications made to covered aircraft to address
such episodes;
(3) schedules and cost estimates for any upgrades or
modifications identified under paragraph (3); and
(4) an explanation of any organizational or other changes to
the Air Force carried out to address such physiological episodes.
(c) Covered Aircraft Defined.--In this section, the term ``covered
aircraft'' means--
(1) F-35A aircraft of the Air Force;
(2) T-6A aircraft of the Air Force; and
(3) any other aircraft of the Air Force as determined by the
Secretary of the Air Force.
SEC. 244. REPORT ON DEFENSE INNOVATION UNIT EXPERIMENTAL.
Not later than May 1, 2019, the Under Secretary of Defense for
Research and Engineering shall submit to the congressional defense
committees a report on Defense Innovation Unit Experimental (in this
section referred to as the ``Unit''). Such a report shall include the
following:
(1) The integration of the Unit into the broader Department of
Defense research and engineering community to coordinate and de-
conflict activities of the Unit with similar activities of the
military departments, Defense Agencies, Department of Defense
laboratories, the Defense Advanced Research Project Agency, the
Small Business Innovation Research Program, and other entities.
(2) The metrics used to measure the effectiveness of the Unit
and the results of these metrics.
(3) The number and types of transitions by the Unit to the
military departments or fielded to the warfighter.
(4) The impact of the Unit's initiatives, outreach, and
investments on Department of Defense access to technology leaders
and technology not otherwise accessible to the Department
including--
(A) identification of--
(i) the number of non-traditional defense contractors
with Department of Defense contracts or other transactions
resulting directly from the Unit's initiatives,
investments, or outreach; and
(ii) the number of traditional defense contractors with
contracts or other transactions resulting directly from the
Unit's initiatives;
(B) the number of innovations delivered into the hands of
the warfighter; and
(C) how the Department is notifying its internal components
about participation in the Unit.
(5) The workforce strategy of the Unit, including whether the
Unit has appropriate personnel authorities to attract and retain
talent with technical and business expertise.
(6) How the Department of Defense is documenting and
institutionalizing lessons learned and best practices of the Unit
to alleviate the systematic problems with technology access and
timely contract or other transaction execution.
(7) An assessment of management and bureaucratic challenges to
the effective and efficient execution of the Unit's missions,
especially with respect to contracting and personnel management.
SEC. 245. MODIFICATION OF FUNDING CRITERIA UNDER HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES AND MINORITY INSTITUTIONS PROGRAM.
Section 2362(d) of title 10, United States Code, is amended--
(1) in the subsection heading, by striking ``Priority'' and
inserting ``Criteria''; and
(2) by striking ``give priority in providing'' and inserting
``limit''.
SEC. 246. REPORT ON OA-X LIGHT ATTACK AIRCRAFT APPLICABILITY TO
PARTNER NATION SUPPORT.
(a) Report Required.--Not later than February 1, 2019, the
Secretary of the Air Force shall submit to the congressional defense
committees a report on the OA-X light attack aircraft experiment and
how the program incorporates partner nation requirements.
(b) Elements.--The report under subsection (a) shall include a
description of--
(1) how the OA-X light attack experiment will support partner
nations' low-cost counter terrorism light attack capability;
(2) the extent to which the attributes of affordability,
interoperability, sustainability, and simplicity of maintenance and
operations are included in the requirements for the OA-X; and
(3) how Federal Aviation Administration certification and a
reasonable path for military type certifications for commercial
derivative aircraft are factored into foreign military sales for a
partner nation.
SEC. 247. REPORTS ON COMPARATIVE CAPABILITIES OF ADVERSARIES IN KEY
TECHNOLOGY AREAS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in coordination
with the Director of the Defense Intelligence Agency, submit to the
appropriate committees of Congress a set of classified reports that set
forth a direct comparison between the capabilities of the United States
in emerging technology areas and the capabilities of adversaries of the
United States in such areas.
(b) Elements.--The reports required by subsection (a) shall
include, for each technology area covered, the following:
(1) An evaluation of spending by the United States and
adversaries on such technology.
(2) An evaluation of the quantity and quality of research on
such technology.
(3) An evaluation of the test infrastructure and workforce
supporting such technology.
(4) An assessment of the technological progress of the United
States and adversaries on such technology.
(5) Descriptions of timelines for operational deployment of
such technology.
(6) An assessment of the intent or willingness of adversaries
to use such technology.
(c) Technical Areas.--The Secretary shall ensure that the reports
submitted under subsection (a) cover the following:
(1) Hypersonics.
(2) Artificial intelligence.
(3) Quantum information science.
(4) Directed energy weapons.
(5) Such other emerging technical areas as the Secretary
considers appropriate.
(d) Coordination.--The Secretary shall prepare the reports in
coordination with other appropriate officials of the intelligence
community and with such other partners in the technology areas covered
by the reports as the Secretary considers appropriate.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 248. REPORT ON ACTIVE PROTECTION SYSTEMS FOR ARMORED COMBAT
AND TACTICAL VEHICLES.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on technologies related to active protection
systems (APS) for armored combat and tactical vehicles.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) With respect to the active protection systems that the Army
has recently tested on the M1A2 Abrams, the M2A3 Bradley, and the
STRYKER, the following:
(A) An assessment of the effectiveness of such systems.
(B) Plans of the Secretary to further test such systems.
(C) Proposals for future development of such systems.
(D) A timeline for fielding such systems.
(2) Plans for how the Army will incorporate active protection
systems into new armored combat and tactical vehicle designs, such
as Mobile Protection Firepower (MPF), Armored Multi-Purpose Vehicle
(AMPV), and Next Generation Combat Vehicle (NGCV).
SEC. 249. NEXT GENERATION COMBAT VEHICLE.
(a) Prototype.--The Secretary of the Army shall take appropriate
actions to ensure that all necessary resources are planned and
programmed for accelerated prototyping, component development, testing,
or acquisition for the Next Generation Combat Vehicle (NGCV).
(b) Report.--
(1) In general.--Not later than March 1, 2019, the Secretary
shall submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the development of the
Next Generation Combat Vehicle.
(2) Analysis.--
(A) In general.--The report required by paragraph (1) shall
include a thorough analysis of the requirements of the Next
Generation Combat Vehicle.
(B) Relevance to national defense strategy.--In carrying
out subparagraph (A), the Secretary shall ensure that the
requirements are relevant to the most recently published
National Defense Strategy.
(C) Threats and terrain.--The Secretary shall ensure that
the analysis includes consideration of threats and terrain.
(D) Component technologies.--The Secretary shall ensure
that the analysis includes consideration of the latest enabling
component technologies developed by the Tank Automotive,
Research, Development, Engineering Center of the Army that have
the potential to dramatically change basic combat vehicle
design and improve lethality, protection, mobility, range, and
sustainment.
(c) Limitation.--Of the funds authorized to be appropriated for
fiscal year 2019 by section 201 and available for research,
development, testing, and evaluation, Army, for the Next Generation
Combat Vehicle, not more than 90 percent may be obligated or expended
until the Secretary submits the report required by subsection (b).
SEC. 250. MODIFICATION OF REPORTS ON MECHANISMS TO PROVIDE FUNDS TO
DEFENSE LABORATORIES FOR RESEARCH AND DEVELOPMENT OF TECHNOLOGIES
FOR MILITARY MISSIONS.
Subsection (c) of section 2363 of title 10, United States Code, is
amended to read as follows:
``(c) Release and Dissemination of Information on Contributions
From Use of Authority to Military Missions.--
``(1) Collection of information.--The Secretary shall establish
and maintain mechanisms for the continuous collection of
information on achievements, best practices identified, lessons
learned, and challenges arising in the exercise of the authority in
this section.
``(2) Release of information.--The Secretary shall establish
and maintain mechanisms as follows:
``(A) Mechanisms for the release to the public of
information on achievements and best practices described in
paragraph (1) in unclassified form.
``(B) Mechanisms for dissemination to appropriate civilian
and military officials of information on achievements and best
practices described in paragraph (1) in classified form.''.
SEC. 251. BRIEFINGS ON MOBILE PROTECTED FIREPOWER AND FUTURE
VERTICAL LIFT PROGRAMS.
(a) In General.--Not later than March 1, 2019, the Secretary of the
Army shall provide a briefing to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives on the requirements of the Army for Mobile Protected
Firepower (MPF) and Future Vertical Lift (FVL).
(b) Contents.--The briefing provided pursuant to subsection (a)
shall include the following:
(1) With respect to the Mobile Protected Firepower program, the
following:
(A) An explanation of how Mobile Protected Firepower could
survive against the effects of anti-armor and anti-aircraft
networks established within anti-access, area-denial defenses.
(B) An explanation of how Mobile Protected Firepower would
improve offensive overmatch against a peer adversary.
(C) Details regarding the total number of Mobile Protected
Firepower systems needed by the Army.
(D) An explanation of how the Mobile Protected Firepower
system will be logistically supported within light formations.
(E) Plans to integrate active protection systems into the
designs of the Mobile Protected Firepower program.
(2) With respect to the Future Vertical Lift program, the
following:
(A) An explanation of how Future Vertical Lift could
survive against the effects of anti-aircraft networks
established within anti-access, area-denial defenses.
(B) An explanation of how Future Vertical Lift would
improve offensive overmatch against a peer adversary.
(C) A review of the doctrine, organization, training,
materiel, leadership, education, personnel, and facilities
applicable to determine the total number of Future Vertical
Lift Capability Set 1 or Future Attack Reconnaissance Aircraft
(FARA), required by the Army.
(D) An implementation plan for the establishment of Future
Vertical Lift, including a timeline for achieving initial and
full operational capability.
(E) A description of the budget requirements for Future
Vertical Lift to reach full operational capability, including
an identification and cost of any infrastructure and equipment
requirements.
(F) A detailed list of all analysis used to determine the
priority of Future Vertical Lift and which programs were
terminated, extended, de-scoped, or delayed in order to fund
Future Vertical Lift Capability Set 1 or Future Attack
Reconnaissance Aircraft in the Future Year's Defense Plan.
(G) An assessment of the analysis of alternatives on the
Future Vertical Lift Capability Set 3 program.
(H) An identification of any additional authorities that
may be required for achieving full operational capability of
Future Vertical Lift.
(I) Any other matters deemed relevant by the Secretary.
SEC. 252. IMPROVEMENT OF THE AIR FORCE SUPPLY CHAIN.
(a) In General.--The Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics may use funds described in
subsection (b) as follows:
(1) For nontraditional technologies and sustainment practices
(such as additive manufacturing, artificial intelligence,
predictive maintenance, and other software-intensive and software-
defined capabilities) to--
(A) increase the availability of aircraft to the Air Force;
and
(B) decrease backlogs and lead times for the production of
parts for such aircraft.
(2) To advance the qualification, certification, and
integration of additive manufacturing into the Air Force supply
chain.
(3) To otherwise identify and reduce supply chain risk for the
Air Force.
(4) To define workforce development requirements and training
for personnel who implement and support additive manufacturing for
the Air Force at the warfighter, end-item designer and equipment
operator, and acquisition officer levels.
(b) Funding.--Of the amounts authorized to be appropriated for
fiscal year 2019 by section 201 for research, development, test, and
evaluation for the Air Force and available for Tech Transition Program
(Program Element (0604858F)), up to $42,800,000 may be available as
described in subsection (a).
SEC. 253. REVIEW OF GUIDANCE ON BLAST EXPOSURE DURING TRAINING.
(a) Initial Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall review the
decibel level exposure, concussive effects exposure, and the frequency
of exposure to heavy weapons fire of an individual during training
exercises to establish appropriate limitations on such exposures.
(b) Elements.--The review required by subsection (a) shall take
into account current data and evidence on the cognitive effects of
blast exposure and shall include consideration of the following:
(1) The impact of exposure over multiple successive days of
training.
(2) The impact of multiple types of heavy weapons being fired
in close succession.
(3) The feasibility of cumulative annual or lifetime exposure
limits.
(4) The minimum safe distance for observers and instructors.
(c) Updated Training Guidance.--Not later than 180 days after the
date of the completion of the review under subsection (a), each
Secretary of a military department shall update any relevant training
guidance to account for the conclusions of the review.
(d) Updated Review.--
(1) In general.--Not later than two years after the initial
review conducted under subsection (a), and not later than two years
thereafter, the Secretary of Defense shall conduct an updated
review under such subsection, including consideration of the
matters set forth under subsection (b), and update training
guidance under subsection (c).
(2) Consideration of new research and evidence.--Each updated
review conducted under paragraph (1) shall take into account new
research and evidence that has emerged since the previous review.
(e) Briefing Required.--The Secretary of Defense shall brief the
Committees on Armed Services of the Senate and the House of
Representatives on a summary of the results of the initial review under
subsection (a), each updated review conducted under subsection (d), and
any updates to training guidance and procedures resulting from any such
review or updated review.
SEC. 254. COMPETITIVE ACQUISITION STRATEGY FOR BRADLEY FIGHTING
VEHICLE TRANSMISSION REPLACEMENT.
(a) Plan Required.--The Secretary of the Army shall develop a
strategy to competitively procure a new transmission for the Bradley
Fighting Vehicle family of vehicles.
(b) Additional Strategy Requirements.--The plan required by
subsection (a) shall include the following:
(1) An analysis of the potential cost savings and performance
improvements associated with developing or procuring a new
transmission common to the Bradley Fighting Vehicle family of
vehicles, including the Armored Multipurpose Vehicle and the
Paladin Integrated Management artillery system.
(2) A plan to use full and open competition as required by the
Federal Acquisition Regulation.
(c) Timeline.--Not later than February 15, 2019, the Secretary of
the Army shall submit to the congressional defense committees the
strategy developed under subsection (a).
(d) Limitation.--None of the funds authorized to be appropriated
for fiscal year 2019 by this Act for Weapons and Tracked Combat
Vehicles, Army, may be obligated or expended to procure a Bradley
Fighting Vehicle replacement transmission until the date that is 30
days after the date on which the Secretary of the Army submits to the
congressional defense committees the plan required by subsection (a).
SEC. 255. INDEPENDENT ASSESSMENT OF ELECTRONIC WARFARE PLANS AND
PROGRAMS.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to enter
into an agreement with the private scientific advisory group known
as ``JASON'' to perform the services covered by this section.
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 120 days after
the date of the enactment of this Act.
(b) Independent Assessment.--Under an agreement between the
Secretary and JASON under this section, JASON shall--
(1) assess the strategies, programs, order of battle, and
doctrine of the Department of Defense related to the electronic
warfare mission area and electromagnetic spectrum operations;
(2) assess the strategies, programs, order of battle, and
doctrine of potential adversaries, such as China, Iran, and the
Russian Federation, related to the same;
(3) develop recommendations for improvements to the strategies,
programs, and doctrine of the Department of Defense in order to
enable the United States to achieve and maintain superiority in the
electromagnetic spectrum in future conflicts; and
(4) develop recommendations for the Secretary, Congress, and
such other Federal entities as JASON considers appropriate,
including recommendations for--
(A) closing technical, policy, or resource gaps;
(B) improving cooperation and appropriate integration
within the Department of Defense entities;
(C) improving cooperation between the United States and
other countries and international organizations as appropriate;
and
(D) such other important matters identified by JASON that
are directly relevant to the strategies of the Department of
Defense described in paragraph (3).
(c) Liaisons.--The Secretary shall appoint appropriate liaisons to
JASON to support the timely conduct of the services covered by this
section.
(d) Materials.--The Secretary shall provide access to JASON to
materials relevant to the services covered by this section, consistent
with the protection of sources and methods and other critically
sensitive information.
(e) Clearances.--The Secretary shall ensure that appropriate
members and staff of JASON have the necessary clearances, obtained in
an expedited manner, to conduct the services covered by this section.
(f) Report.--Not later than October 1, 2019, the Secretary shall
submit to the congressional defense committees a report on--
(1) the findings of JASON with respect to the assessments
carried out under subsection (b); and
(2) the recommendations developed by JASON pursuant to such
subsection.
(g) Alternate Contract Scientific Organization.--
(1) In general.--If the Secretary is unable within the period
prescribed in paragraph (2) of subsection (a) to enter into an
agreement described in paragraph (1) of such subsection with JASON
on terms acceptable to the Secretary, the Secretary shall seek to
enter into such agreement with another appropriate scientific
organization that--
(A) is not part of the government; and
(B) has expertise and objectivity comparable to that of
JASON.
(2) Treatment.--If the Secretary enters into an agreement with
another organization as described in paragraph (1), any reference
in this section to JASON shall be treated as a reference to the
other organization.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Explosive Ordnance Disposal Defense Program.
Sec. 312. Further improvements to energy security and resilience.
Sec. 313. Use of proceeds from sales of electrical energy derived from
geothermal resources for projects at military installations
where resources are located.
Sec. 314. Operational energy policy.
Sec. 315. Funding of study and assessment of health implications of per-
and polyfluoroalkyl substances contamination in drinking water
by agency for toxic substances and disease registry.
Sec. 316. Extension of authorized periods of permitted incidental
takings of marine mammals in the course of specified
activities by Department of Defense.
Sec. 317. Department of Defense environmental restoration programs.
Sec. 318. Joint study on the impact of wind farms on weather radars and
military operations.
Sec. 319. Core sampling at Joint Base San Antonio, Texas.
Sec. 320. Production and use of natural gas at Fort Knox, Kentucky.
Subtitle C--Logistics and Sustainment
Sec. 321. Authorizing use of working capital funds for unspecified minor
military construction projects related to revitalization and
recapitalization of defense industrial base facilities.
Sec. 322. Examination of Navy vessels.
Sec. 323. Limitation on length of overseas forward deployment of naval
vessels.
Sec. 324. Temporary modification of workload carryover formula.
Sec. 325. Limitation on use of funds for implementation of elements of
master plan for redevelopment of Former Ship Repair Facility
in Guam.
Sec. 326. Business case analysis for proposed relocation of J85 Engine
Regional Repair Center.
Sec. 327. Report on pilot program for micro-reactors.
Sec. 328. Limitation on modifications to Navy Facilities Sustainment,
Restoration, and Modernization structure and mechanism.
Subtitle D--Reports
Sec. 331. Reports on readiness.
Sec. 332. Matters for inclusion in quarterly reports on personnel and
unit readiness.
Sec. 333. Annual Comptroller General reviews of readiness of Armed
Forces to conduct full spectrum operations.
Sec. 334. Surface warfare training improvement.
Sec. 335. Report on optimizing surface Navy vessel inspections and crew
certifications.
Sec. 336. Report on depot-level maintenance and repair.
Sec. 337. Report on wildfire suppression capabilities of active and
reserve components.
Sec. 338. Report on relocation of steam turbine production from Nimitz-
class and Ford-class aircraft carriers and Virginia-class and
Columbia-class submarines.
Sec. 339. Report on Specialized Undergraduate Pilot Training production,
resourcing, and locations.
Sec. 340. Report on Air Force airfield operational requirements.
Sec. 341. Report on Navy surface ship repair contract costs.
Subtitle E--Other Matters
Sec. 351. Coast Guard representation on explosive safety board.
Sec. 352. Transportation to continental United States of retired
military working dogs outside the continental United States
that are suitable for adoption in the United States.
Sec. 353. Scope of authority for restoration of land due to mishap.
Sec. 354. Repurposing and reuse of surplus Army firearms.
Sec. 355. Study on phasing out open burn pits.
Sec. 356. Notification requirements relating to changes to uniform of
members of the uniformed services.
Sec. 357. Reporting on future years budgeting by subactivity group.
Sec. 358. Limitation on availability of funds for service-specific
Defense Readiness Reporting Systems.
Sec. 359. Prioritization of environmental impacts for facilities
sustainment, restoration, and modernization demolition.
Sec. 360. Sense of Congress relating to Soo Locks, Sault Sainte Marie,
Michigan.
Sec. 361. U.S. Special Operations Command Civilian Personnel.
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2019
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. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
(a) In General.--Chapter 136 of title 10, United States Code, as
amended by section 851, is further amended by inserting after section
2283, as added by such section 851, the following new section:
``SEC. 2284. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
``(a) In General.--The Secretary of Defense shall carry out a
program to be known as the `Explosive Ordnance Disposal Defense
Program' (in this section referred to as the `Program') under which the
Secretary shall ensure close and continuous coordination between
military departments on matters relating to explosive ordnance disposal
support for commanders of geographic and functional combatant commands.
``(b) Roles, Responsibilities, and Authorities.--The plan under
subsection (a) shall include provisions under which--
``(1) the Secretary of Defense shall--
``(A) assign the responsibility for the direction,
coordination, integration of the Program within the Department
of Defense to an Assistant Secretary of Defense;
``(B) the Assistant Secretary of Defense to whom
responsibility is assigned under paragraph (1) shall serve as
the key individual for the Program responsible for developing
and overseeing policy, plans, programs, and budgets, and
issuing guidance and providing direction on Department of
Defense explosive ordnance disposal activities;
``(C) designate the Secretary of the Navy, or a designee of
the Secretary's choice, as the executive agent for the
Department of Defense responsible for providing oversight of
the joint program executive officer who coordinates and
integrates joint requirements for explosive ordnance disposal
and carries out joint research, development, test, and
evaluation and procurement activities on behalf of the military
departments and combatant commands with respect to explosive
ordnance disposal;
``(D) designate a combat support agency to exercise fund
management responsibility of the Department of Defense-wide
program element for explosive ordnance disposal research,
development, test, and evaluation, transactions other than
contracts, cooperative agreements, and grants related to
section 2371 of this title during research projects including
rapid prototyping and limited procurement urgent activities,
and acquisition; and
``(E) designate an Army explosive ordnance disposal-
qualified general officer from the combat support agency
designated under subparagraph (D) to serve as the Chairman of
the Department of Defense explosive ordnance disposal defense
program board; and
``(2) the Secretary of each military department shall assess
the needs of the military department concerned with respect to
explosive ordnance disposal and may carry out research,
development, test, and evaluation activities, including other
transactions and procurement activities to address military
department unique needs such as weapon systems, manned and unmanned
vehicles and platforms, cyber and communication equipment, and the
integration of explosive ordnance disposal sets, kits and outfits
and explosive ordnance disposal tools, equipment, sets, kits, and
outfits developed by the department.
``(c) Annual Budget Justification Documents.--
``(1) For fiscal year 2021 and each fiscal year thereafter, the
Secretary of Defense shall submit to Congress with the defense
budget materials a consolidated budget justification display, in
classified and unclassified form, that includes all of activities
of the Department of Defense relating to the Program.
``(2) The budget display under paragraph (1) for a fiscal year
shall include a single program element for each of the following:
``(A) Civilian and military pay.
``(B) Research, development, test, and evaluation.
``(C) Procurement.
``(D) Other transaction agreements.
``(E) Military construction.
``(3) The budget display shall include funding data for each of
the military department's respective activities related to
explosive ordnance disposal, including--
``(A) operation and maintenance; and
``(B) overseas contingency operations.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter, as amended by section 851, is further amended by
inserting after the item relating to section 2283, as added by such
section 851, the following new section:
``2284. Explosive Ordnance Disposal Defense Program.''.
SEC. 312. FURTHER IMPROVEMENTS TO ENERGY SECURITY AND RESILIENCE.
(a) Energy Policy Authority.--Section 2911(b) of title 10, United
States Code, is amended--
(1) by redesignating paragraphs (1), (2), and (3) as paragraphs
(3), (4), and (5), respectively; and
(2) by inserting before paragraph (3), as so redesignated, the
following new paragraphs:
``(1) establish metrics and standards for the assessment of
energy resilience;
``(2) require the Secretary of a military department to perform
mission assurance and readiness assessments of energy power systems
for mission critical assets and supporting infrastructure, applying
uniform mission standards established by the Secretary of
Defense;''.
(b) Reporting on Energy Security and Resilience Goals.--Section
2911(c) of title 10, United States Code, is amended by adding at the
end the following new paragraph:
``(3) The Secretary of Defense shall include the energy security
and resilience goals of the Department of Defense in the installation
energy report submitted under section 2925(a) of this title for fiscal
year 2018 and every fiscal year thereafter. In the development of
energy security and resilience goals, the Department of Defense shall
conform with the definitions of energy security and resilience under
this title. The report shall include the amount of critical energy
load, together with the level of availability and reliability by fiscal
year the Department of Defense deems necessary to achieve energy
security and resilience.''.
(c) Reporting on Installations Energy Management, Energy
Resilience, and Mission Assurance.--Section 2925(a) of title 10, United
States Code, is amended--
(1) by inserting ``, including progress on energy resilience at
military installations according to metrics developed by the
Secretary'' after ``under section 2911 of this title'';
(2) in paragraph (3), by striking ``the mission requirements
associated with disruption tolerances based on risk to mission''
and inserting ``the downtimes (in minutes or hours) these missions
can afford based on their mission requirements and risk
tolerances'';
(3) in paragraph (4), by inserting ``(including critical energy
loads in megawatts and the associated downtime tolerances for
critical energy loads)'' after ``energy requirements and critical
energy requirements'';
(4) by redesignating paragraph (5) as paragraph (7); and
(5) by inserting after paragraph (4) the following new
paragraphs:
``(5) A list of energy resilience projects awarded by the
Department of Defense by military department and military
installation, whether appropriated or alternative financed for the
reporting fiscal year, including project description, award date,
the critical energy requirements serviced (including critical
energy loads in megawatts), expected reliability of the project (as
indicated in the awarded contract), life cycle costs, savings to
investment, fuel type, and the type of appropriation or alternative
financing used.
``(6) A list of energy resilience projects planned by the
Department of Defense by military department and military
installation, whether appropriated or alternative financed for the
next two fiscal years, including project description, fuel type,
expected award date, and the type of appropriation or alternative
financing expected for use.''.
(d) Inclusion of Energy Security and Resilience as Priorities in
Contracts for Energy or Fuel for Military Installations.--Section
2922a(d) of title 10, United States Code, is amended to read as
follows:
``(d) The Secretary concerned shall ensure energy security and
resilience are prioritized and included in the provision and operation
of energy production facilities under this section.''.
(e) Conveyance Authority for Utility Systems.--Section 2688 of
title 10, United States Code, is amended--
(1) in subsection (d)(2), by adding at the end the following:
``The business case analysis must also demonstrate how a privatized
system will operate in a manner consistent with subsection
(g)(3).''; and
(2) in subsection (g)(3)--
(A) by striking ``may require'' and inserting ``shall
require''; and
(B) by striking ``consistent with energy resilience
requirements and metrics'' and inserting ``consistent with
energy resilience and cybersecurity requirements and associated
metrics''.
(f) Modification of Energy Resilience Definition.--Section
101(e)(6) of title 10, United States Code, is amended by striking
``task critical assets and other''.
(g) Authority To Accept Energy Performance Financial Incentives
From State and Local Governments.--Section 2913(c) of title 10, United
States Code, is amended by inserting ``a State or local government''
after ``generally available from''.
(h) Use of Energy Cost Savings To Implement Energy Resilience and
Energy Conservation Construction Projects.--Section 2912(b)(1) of title
10, United States Code, is amended by inserting ``, including energy
resilience and energy conservation construction projects,'' after
``energy security measures''.
(i) Additional Basis for Preservation of Property in the Vicinity
of Military Installations in Agreements With Non-Federal Entities on
Use of Such Property.--Section 2684a(a)(2)(B) of title 10, United
States Code, is amended--
(1) by striking ``(B)'' and inserting ``(B)(i)''; and
(2) by adding at the end of the following new clause:
``(ii) maintains or improves military installation
resilience; or''.
SEC. 313. USE OF PROCEEDS FROM SALES OF ELECTRICAL ENERGY DERIVED
FROM GEOTHERMAL RESOURCES FOR PROJECTS AT MILITARY INSTALLATIONS
WHERE RESOURCES ARE LOCATED.
Subsection (b) of section 2916 of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``Proceeds'' and inserting
``Except as provided in paragraph (3), proceeds''; and
(2) by adding at the end the following new paragraph:
``(3) In the case of proceeds from a sale of electrical energy
generated from any geothermal energy resource--
``(A) 50 percent shall be credited to the appropriation account
described in paragraph (1); and
``(B) 50 percent shall be deposited in a special account in the
Treasury established by the Secretary concerned which shall be
available, for military construction projects described in
paragraph (2) or for installation energy or water security projects
directly coordinated with local area energy or groundwater
governing authorities, for the military installation in which the
geothermal energy resource is located.''.
SEC. 314. OPERATIONAL ENERGY POLICY.
(a) In General.--Section 2926 of title 10, United States Code, is
amended--
(1) by redesignating subsections (a), (b), (c), and (d) as
subsections (c), (d), (e), (f), respectively;
(2) by inserting before subsection (c), as redesignated by
paragraph (1), the following new subsections:
``(a) Operational Energy Policy.--In carrying out section 2911(a)
of this title, the Secretary of Defense shall ensure the types,
availability, and use of operational energy promote the readiness of
the armed forces for their military missions.
``(b) Authorities.--The Secretary of Defense may--
``(1) require the Secretary of a military department or the
commander of a combatant command to assess the energy
supportability of systems, capabilities, and plans;
``(2) authorize the use of energy security, cost of backup
power, and energy resilience as factors in the cost-benefit
analysis for procurement of operational equipment; and
``(3) in selecting equipment that will use operational energy,
give favorable consideration to the acquisition of equipment that
enhances energy security, energy resilience, energy conservation,
and reduces logistical vulnerabilities.''; and
(3) in subsection (c), as redesignated by subparagraph (A)--
(A) in the subsection heading, by striking ``Alternative
Fuel Activities'' and inserting ``Functions of the Assistant
Secretary of Defense for Energy, Installations, and
Environment'';
(B) by striking ``heads of the military departments and the
Assistant Secretary of Defense for Research and Engineering''
and inserting ``heads of the appropriate Department of Defense
components'';
(C) in paragraph (1), by striking ``lead the alternative
fuel activities'' and inserting ``oversee the operational
energy activities'';
(D) in paragraph (2), by striking ``regarding the
development of alternative fuels by the military departments
and the Office of the Secretary of Defense'' and inserting
``regarding the policies and investments that affect the use of
operational energy across the Department of Defense'';
(E) in paragraph (3), by striking ``prescribe policy to
streamline the investments in alternative fuel activities
across the Department of Defense'' and inserting ``recommend to
the Secretary policy to improve warfighting capability through
energy security and energy resilience''; and
(F) in paragraph (5), by striking ``subsection (c)(4)'' and
inserting ``subsection (e)(4)''.
(b) Conforming Amendments.--(1) Section 2925(b)(1) of title 10,
United States Code, is amended by striking ``section 2926(b)'' and
inserting ``section 2926(d)''.
(2) Section 1061(c)(55) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111 note) is
amended by striking ``Section 2926(c)(4)'' and inserting ``Section
2926(e)(4)''.
SEC. 315. FUNDING OF STUDY AND ASSESSMENT OF HEALTH IMPLICATIONS OF
PER- AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING
WATER BY AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.
(a) Funding.--Paragraph (2) of section 316(a) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91) is
amended to read as follows:
``(2) Funding.--
``(A) Source of funds.--The study and assessment performed
pursuant to this section may be paid for using funds authorized
to be appropriated to the Department of Defense under the
heading `Operation and Maintenance, Defense-Wide'.
``(B) Transfer authority.--(i) Of the amounts authorized to
be appropriated for the Department of Defense for fiscal year
2018, not more than $10,000,000 shall be transferred by the
Secretary of Defense, without regard to section 2215 of title
10, United States Code, to the Secretary of Health and Human
Services to pay for the study and assessment required by this
section.
``(ii) Without regard to section 2215 of title 10, United
States Code, the Secretary of Defense may transfer not more
than $10,000,000 a year during fiscal years 2019 and 2020 to
the Secretary of Health and Human Services to pay for the study
and assessment required by this section.
``(C) Expenditure authority.--Amounts transferred to the
Secretary of Health and Human Services shall be used to carry
out the study and assessment under this section through
contracts, cooperative agreements, or grants. In addition, such
funds may be transferred by the Secretary of Health and Human
Services to other accounts of the Department for the purposes
of carrying out this section.
``(D) Relationship to other transfer authorities.--The
transfer authority provided under this paragraph is in addition
to any other transfer authority available to the Department of
Defense.''.
(b) Report to Congress on Department of Defense Assessment and
Remediation Plan.--Not later than 180 days after the date on which the
Administrator of the Environmental Protection Agency establishes a
maximum contaminant level for per- and polyfluoroalkyl substances
(PFAS) contamination in drinking water in a national primary drinking
water regulation under section 1412 of the Safe Drinking Water Act (42
U.S.C. 300g-1), the Secretary of Defense shall submit to the
congressional defense committees a report containing a plan to--
(1) assess any contamination at Department of Defense
installations and surrounding communities that may have occurred
from PFAS usage by the Department of Defense;
(2) identify any remediation actions the Department plans to
undertake using the maximum contaminant level established by the
Environmental Protection Agency;
(3) provide an estimate of the cost of such remediation and a
schedule for accomplishing such remediation; and
(4) provide an assessment of past expenditures by local water
authorities to address contamination before the Environmental
Protection Agency established a maximum contaminant level and an
estimate of the cost to reimburse communities that remediated water
to a level not greater than such level.
(c) Assessment of Health Effects of PFAS Exposure.--The Secretary
of Defense shall conduct an assessment of the human health implications
of PFAS exposure. Such assessment shall include--
(1) a meta-analysis that considers the current scientific
evidence base linking the health effects of PFAS on individuals who
served as members of the Armed Forces and were exposed to PFAS at
military installations;
(2) an estimate of the number of members of the Armed Forces
and veterans who may have been exposed to PFAS while serving in the
Armed Forces;
(3) the development of a process that would facilitate the
transfer between the Department of Defense and the Department of
Veterans Affairs of health information of individuals who served in
the Armed Forces and may have been exposed to PFAS during such
service; and
(4) a description of the amount of funding that would be
required to administer a potential registry of individuals who may
have been exposed to PFAS while serving in the Armed Forces.
SEC. 316. EXTENSION OF AUTHORIZED PERIODS OF PERMITTED INCIDENTAL
TAKINGS OF MARINE MAMMALS IN THE COURSE OF SPECIFIED ACTIVITIES
BY DEPARTMENT OF DEFENSE.
Section 101(a)(5)(A) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1371(a)(5)(A)) is amended--
(1) in clause (i), by striking ``Upon request'' and inserting
``Except as provided by clause (ii), upon request'';
(2) by redesignating clauses (ii) and (iii) as clauses (iii)
and (iv), respectively; and
(3) by inserting after clause (i) the following new clause
(ii):
``(ii) In the case of a military readiness activity (as defined in
section 315(f) of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 16 U.S.C. 703 note), clause (i)
shall be applied--
``(I) in the matter preceding clause (I), by substituting
`seven consecutive years' for `five consecutive years'; and
``(II) in clause (I), by substituting `seven-year' for `five-
year'.''.
SEC. 317. DEPARTMENT OF DEFENSE ENVIRONMENTAL RESTORATION PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense has identified nearly 39,500
sites that fall under the installation restoration program sites
and munitions response sites.
(2) The installation response program addresses contamination
from hazardous substances, pollutants, or contaminants and active
military installations, formerly used defense site properties, and
base realignment and closure locations in the United States.
(3) Munitions response sites are known or suspected to contain
unexploded ordnance, discarded military munitions, or munitions
constitutes are addressed through the military munitions response
program.
(4) The installation restoration program sites and munitions
response sites have had significant impacts on state and local
governments that have had to bear the increased costs of
environmental degradation, notably groundwater contamination, and
local populations that have had to live with the consequences of
contaminated drinking, including increased health concerns and
decreasing property values.
(5) Through the end of fiscal year 2017, the Department of
Defense had achieved response complete at 86 percent of
installation restoration program sites and munitions response
sites, but projects that it will fall short of meeting its goal of
90 percent by the end of fiscal year 2018.
(6) The fiscal year 2019 budget request for environmental
restoration and base realignment and closure amounted to nearly
$1,318,320,000, a decrease of $53,429,000 from the amount
authorized in the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91).
(b) Sense of Congress.--It is the sense of Congress that--
(1) the environmental restoration and base realignment and
closure programs are important for the protection of the
environment, the health of the military and civilian personnel and
their families who live and work on military installations, to
ensure that current and legacy military operations do not adversely
affect the health or environments of surrounding communities;
(2) the Department of Defense and the Armed Forces should seek
to reduce the financial burden on state and local government who
are bearing significant costs of cleanup stemming from defense
related activities;
(3) the Department of Defense and the Armed Forces should
expedite and streamline cleanup at locations where contamination is
having a direct impact on civilian access to clean drinking water;
(4) the Department of Defense and the Armed Forces should
continue to engage with and help allay local community concerns
about the safety of the drinking water due to environmental
degradation caused by defense related activities; and
(5) the Department of Defense should seek opportunities to
accelerate environmental restoration efforts where feasible, to
include programming additional resources for response actions,
investing in technology solutions that may expedite response
actions, improving contracting procedures, increasing contracting
capacity, and seeking opportunities for partnerships and other
cooperative approaches.
SEC. 318. JOINT STUDY ON THE IMPACT OF WIND FARMS ON WEATHER RADARS
AND MILITARY OPERATIONS.
(a) In General.--The Secretary of Defense shall enter into an
arrangement with the National Oceanic and Atmospheric Administration to
conduct a study on how to improve existing National Oceanic and
Atmospheric Administration and National Weather Service tools to
reflect the latest data and policies to improve consistency in weather
radars, with a focus on a research and development and field test
evaluation program to validate existing mitigation options and develop
additional options for weather radar impact, in collaboration with the
National Weather Service, the Department of Energy, and the Federal
Aviation Administration, and with input from academia and industry.
(b) Elements.--The study required pursuant to subsection (a) shall
include the following:
(1) The potential impacts of wind farms on NEXRAD radars and
other Federal radars for weather forecasts and warnings used by the
Department of Defense, the National Oceanic and Atmospheric
Administration, and the National Weather Service.
(2) Recommendations to reduce, mitigate, or eliminate the
potential impacts.
(3) Recommendations for addressing the impacts to NEXRADs and
weather radar due to increasing turbine heights.
(4) Recommendations to ensure wind farms do not impact the
ability of the National Oceanic and Atmospheric Administration and
the National Weather Service to warn or forecast hazardous weather.
(5) The cumulative impacts of multiple wind farms near a single
radar on the ability of the National Oceanic and Atmospheric
Administration and the National Weather Service to warn or forecast
hazardous weather.
(6) An analysis of whether certain wind turbine projects, based
on project layout, turbine orientation, number of turbines, density
of turbines, proximity to radar, or turbine height result in
greater impacts to the missions of Department of Defense, the
National Oceanic and Atmospheric Administration, and the National
Weather Service, and if so, how can those projects be better cited
to reduce or eliminate NEXRAD impacts.
(7) Case studies where the Department of Defense, the National
Weather Service, and industry have worked together to implement
solutions.
(8) Mitigation options, including software and hardware
upgrades, which the National Oceanic and Atmospheric Administration
and the National Weather Service have researched and analyzed, and
the results of such research and analysis.
(9) A review of mitigation research performed to date by the
Government and or academia.
(10) Identification of future research opportunities,
requirements, and recommendations for the SENSR program to mitigate
energy development.
(c) Submittal to Congress.--Not later than 12 months after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the study conducted
pursuant to subsection (a).
SEC. 319. CORE SAMPLING AT JOINT BASE SAN ANTONIO, TEXAS.
(a) Site Investigation Required.--The Secretary of the Air Force
shall conduct a core sampling study along the proposed route of the W-6
wastewater treatment line on Air Force real property, in compliance
with best engineering practices, to determine if any regulated or
hazardous substances are present in the soil along the proposed route.
(b) Report Required.--Not later than 15 months after the date of
the enactment of this Act, the Secretary of the Air Force shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the core samples taken
pursuant to subsection (a).
SEC. 320. PRODUCTION AND USE OF NATURAL GAS AT FORT KNOX, KENTUCKY.
(a) Authority.--
(1) In general.--The Secretary of the Army is authorized to
continue production, treatment, management, and use of the natural
gas from covered wells at Fort Knox, without regard to section 3 of
the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352), with
the limitation that the Secretary of the Army shall comply with the
Mineral Leasing Act, Mineral Leasing Act for Acquired Lands, and
the Federal Oil and Gas Royalty Management Act, for additional oil
or natural gas drilling operations and production activities beyond
the production from the covered wells at Fort Knox.
(2) Contract authority.--The Secretary is authorized to enter
into a contract with an appropriate entity to carry out paragraph
(1), with the limitation that the authority provided in this
section does not affect or authorize any interference with the
Muldraugh Gas Storage Facility at Fort Knox.
(b) Royalties to the State of Kentucky.--
(1) In general.--In implementing this section--
(A) The Secretary of the Interior shall calculate the value
of royalty payments, calculated on a calendar year basis
beginning on the date of enactment of this section, that the
State of Kentucky would have received under the Mineral Leasing
Act for Acquired Lands (30 U.S.C. 352) for future natural gas
produced at Fort Knox under the authority of this section as
though the natural gas had been produced under the Mineral
Leasing Act for Acquired Lands, and provide the calculation to
the Secretary of the Army.
(B) Upon request of the Secretary of the Interior, the
Secretary of the Army or its contractor shall promptly provide
all information, documents, or other materials the Secretary of
the Interior deems necessary to conduct this calculation.
(C) The Secretary of the Army shall pay to the Treasury of
the United States the value of royalty calculated under this
section upon receipt of the calculation from the Secretary of
the Interior.
(D) The Secretary of the Interior shall disburse the sums
collected from the Secretary of the Army pursuant to this
paragraph to the State of Kentucky as though the funds were
being disbursed to the State under section 6 of the Mineral
Leasing Act for Acquired Lands (30 U.S.C. 355) no later than 6
months after the date of the enactment of this Act.
(E) Regardless of the value of the royalty payments
calculated under subparagraph (A), in no case may the amount of
the sums disbursed under subparagraph (D) for any calendar year
exceed $49,000.
(2) Waiver authority.--The Governor of Kentucky may waive
paragraph (1) by providing written notice to the Secretary of the
Interior to that effect.
(c) Ownership of Facilities.--The Secretary of the Army may take
ownership of any gas production and treatment equipment and facilities
and associated infrastructure from an entity with which the Secretary
has entered into a contract under subsection (a) in accordance with the
terms of the contract. The Secretary of the Interior shall have no
responsibility for the plugging and abandonment of the covered wells at
Fort Knox, the reclamation of the covered wells at Fort Knox, or any
environmental damage caused or associated with the production of the
covered wells at Fort Knox.
(d) Applicability.--The authority of the Secretary of the Army
under this section is effective as of August 2, 2007.
(e) Limitation on Uses.--Any natural gas produced under the
authority of this section may be used only to support energy security
and energy resilience at Fort Knox. For purposes of this section,
energy security and energy resilience include maintaining and
continuing to produce natural gas from the covered wells at Fort Knox,
and enhancing the Fort Knox energy grid through acquisition and
maintenance of battery storage, loop transmission lines and pipelines,
sub-stations, and automated circuitry.
(f) Safety Standards for Gas Wells.--The covered wells at Fort Knox
shall meet the same technical installation and operating standards that
they would have had to meet had they been installed under a lease
pursuant to the Mineral Leasing Act for Acquired Lands. Such standards
include the gas measurement requirements in the Federal Oil and Gas
Royalty Management Act and the operational standards in the Onshore Oil
and Gas Operating and Production regulations issued by the Bureau of
Land Management. The Bureau of Land Management shall inspect and
enforce the Army's and its contractor's compliance with the standards
of the Mineral Leasing Act for Acquired Lands, the Federal Oil and Gas
Royalty Management Act, and the Bureau of Land Management Onshore Oil
and Gas Operating and Production regulations.
(g) Covered Wells at Fort Knox.--In this section, the term
``covered wells at Fort Knox'' means the 26 wells located at Fort Knox,
Kentucky, as of the date of the enactment of this Act.
Subtitle C--Logistics and Sustainment
SEC. 321. AUTHORIZING USE OF WORKING CAPITAL FUNDS FOR UNSPECIFIED
MINOR MILITARY CONSTRUCTION PROJECTS RELATED TO REVITALIZATION
AND RECAPITALIZATION OF DEFENSE INDUSTRIAL BASE FACILITIES.
Section 2208 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(u) Use for Unspecified Minor Military Construction Projects to
Revitalize and Recapitalize Defense Industrial Base Facilities.--(1)
The Secretary of a military department may use a working capital fund
of the department under this section to carry out an unspecified minor
military construction project under section 2805 for the revitalization
and recapitalization of a defense industrial base facility owned by the
United States and under the jurisdiction of the Secretary.
``(2) Section 2805 shall apply with respect to a project carried
out with a working capital fund under the authority of this subsection
in the same manner as such section applies to any unspecified minor
military construction project under section 2805.
``(3) In this subsection, the term `defense industrial base
facility' means any Department of Defense depot, arsenal, shipyard, or
plant located within the United States.
``(4) The authority to use a working capital fund to carry out a
project under the authority of this subsection expires on September 30,
2023.''.
SEC. 322. EXAMINATION OF NAVY VESSELS.
(a) Notice of Examinations.--Subsection (a) of section 7304 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)(A) Except as provided in subparagraph (B), any naval vessel
examined under this section on or after January 1, 2020, shall be
examined with minimal notice provided to the crew of the vessel.
``(B) Subparagraph (A) shall not apply to a vessel undergoing
necessary trials before acceptance into the fleet.''.
(b) Annual Report.--Such section is further amended by adding at
the end the following new subsection:
``(d) Annual Report.--(1) Not later than March 1 each year, the
board designated under subsection (a) shall submit to the congressional
defense committees a report setting forth the following:
``(A) An overall narrative summary of the material readiness of
Navy ships as compared to established material requirements
standards.
``(B) The overall number and types of vessels inspected during
the preceding fiscal year.
``(C) For in-service vessels, material readiness trends by
inspected functional area as compared to the previous five years.
``(2) Each report under this subsection shall be submitted in an
unclassified form that is releasable to the public without further
redaction.
``(3) No report shall be required under this subsection after
October 1, 2021.''.
SEC. 323. LIMITATION ON LENGTH OF OVERSEAS FORWARD DEPLOYMENT OF
NAVAL VESSELS.
(a) Limitation.--
(1) In general.--Chapter 633 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 7320. Limitation on length of overseas forward deployment of
naval vessels
``(a) Limitation.--The Secretary of the Navy shall ensure that no
naval vessel specified in subsection (b) that is listed in the Naval
Vessel Register is forward deployed overseas for a period in excess of
ten years. At the end of a period of overseas forward deployment, the
vessel shall be assigned a homeport in the United States.
``(b) Vessels Specified.--A naval vessel specified in this
subsection is any of the following:
``(1) Aircraft carrier.
``(2) Amphibious ship.
``(3) Cruiser.
``(4) Destroyer.
``(5) Frigate.
``(6) Littoral Combat Ship.
``(c) Waiver.--The Secretary of the Navy may waive the limitation
under subsection (a) with respect to a naval vessel if the Secretary
submits to the congressional defense committees notice in writing of--
``(1) the waiver of such limitation with respect to the vessel;
``(2) the date on which the period of overseas forward
deployment of the vessel is expected to end; and
``(3) the factors used by the Secretary to determine that a
longer period of deployment would promote the national defense or
be in the public interest.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
section:
``7320. Limitation on length of overseas forward deployment of naval
vessels.''.
(b) Treatment of Currently Deployed Vessels.--In the case of any
naval vessel that has been forward deployed overseas for a period in
excess of ten years as of the date of the enactment of this Act, the
Secretary of the Navy shall ensure that such vessel is assigned a
homeport in the United States by not later than three years after the
date of the enactment of this Act.
(c) Congressional Briefing.--Not later than October 1, 2020, the
Secretary of the Navy shall provide to the Committees on Armed Services
of the Senate and House of Representatives a briefing on the plan of
the Secretary for the rotation of forward deployed naval vessels.
SEC. 324. TEMPORARY MODIFICATION OF WORKLOAD CARRYOVER FORMULA.
During the period beginning on the date of the enactment of this
Act and ending on September 30, 2021, in carrying out chapter 9, volume
2B (relating to Instructions for the Preparation of Exhibit Fund-11a
Carryover Reconciliation) of Department of Defense regulation 7000.14-
R, entitled ``Financial Management Regulation (FMR)'', in addition to
any other applicable exemptions, the Secretary of Defense shall ensure
that with respect to each military department depot or arsenal, outlay
rates--
(1) reflect the timing of when during a fiscal year
appropriations have historically funded workload; and
(2) account for the varying repair cycle times of the workload
supported.
SEC. 325. LIMITATION ON USE OF FUNDS FOR IMPLEMENTATION OF ELEMENTS
OF MASTER PLAN FOR REDEVELOPMENT OF FORMER SHIP REPAIR FACILITY
IN GUAM.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for the Navy for fiscal year 2019 may be obligated or
expended for any construction, alteration, repair, or development of
the real property consisting of the Former Ship Repair Facility in
Guam.
(b) Exception.--The limitation under subsection (a) does not apply
to any project that directly supports depot-level ship maintenance
capabilities, including the mooring of a floating dry dock.
(c) Former Ship Repair Facility in Guam.--In this section, the term
``Former Ship Repair Facility in Guam'' means the property identified
by that name under the base realignment and closure authority carried
out under the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
SEC. 326. BUSINESS CASE ANALYSIS FOR PROPOSED RELOCATION OF J85
ENGINE REGIONAL REPAIR CENTER.
(a) Business Case Analysis.--The Secretary of the Air Force shall
prepare a business case analysis on the proposed relocation of the J85
Engine Regional Repair Center. Such analysis shall include each of the
following:
(1) An overview of each alternative considered for the J85
Engine Regional Repair Center.
(2) The one-time and annual costs associated with each such
alternative.
(3) The effect of each such alternative on workload capacity,
capability, schedule, throughput, and costs.
(4) The effect of each such alternative on Government-furnished
parts, components, and equipment, including mitigation strategies
to address known limitations to T38 production throughput,
especially such limitations caused by Government-furnished parts,
equipment, or transportation.
(5) The effect of each such alternative on the transition of
the Air Force to the T-X training aircraft.
(6) A detailed rationale for the selection of an alternative
considered as part of the business case analysis under this
section.
(b) Limitation on Use of Funds for Relocation.--None of the funds
authorized to be appropriated by this Act, or otherwise made available
for the Air Force, may be obligated or expended for any action to
relocate the J85 Engine Regional Repair Center until the date that is
150 days after the date on which the Secretary of the Air Force
provides to the Committees on Armed Services of the Senate and House of
Representatives a briefing on the business case analysis required by
subsection (a).
SEC. 327. REPORT ON PILOT PROGRAM FOR MICRO-REACTORS.
(a) Report Required.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall develop and submit to the
Committee on Armed Services and the Committee on Energy and Commerce in
the House of Representatives and the Committee on Armed Services and
the Committee on Energy and Natural Resources in the Senate a report
describing the requirements for, and components of, a pilot program to
provide resilience for critical national security infrastructure at
Department of Defense facilities with high energy intensity and
currently expensive utility rates and Department of Energy facilities
by contracting with a commercial entity to site, construct, and operate
at least one licensed micro-reactor at a facility identified under the
report by December 31, 2027.
(b) Consultation.--As necessary to develop the report required
under subsection (a), the Secretary shall consult with--
(1) the Secretary of Defense;
(2) the Nuclear Regulatory Commission; and
(3) the Administrator of the General Services Administration.
(c) Contents.--The report required under subsection (a) shall
include--
(1) identification of potential locations to site, construct,
and operate a micro-reactor at a Department of Defense or
Department of Energy facility that contains critical national
security infrastructure that the Secretary determines may not be
energy resilient;
(2) assessments of different nuclear technologies to provide
energy resiliency for critical national security infrastructure;
(3) a survey of potential commercial stakeholders with which to
enter into a contract under the pilot program to construct and
operate a licensed micro-reactor;
(4) options to enter into long-term contracting, including
various financial mechanisms for such purpose;
(5) identification of requirements for micro-reactors to
provide energy resilience to mission-critical functions at
facilities identified under paragraph (1);
(6) an estimate of the costs of the pilot program;
(7) a timeline with milestones for the pilot program;
(8) an analysis of the existing authority of the Department of
Energy and Department of Defense to permit the siting,
construction, and operation of a micro-reactor; and
(9) recommendations for any legislative changes to the
authorities analyzed under paragraph (8) necessary for the
Department of Energy and the Department of Defense to permit the
siting, construction, and operation of a micro-reactor.
(d) Definitions.--In this section:
(1) The term ``critical national security infrastructure''
means any site or installation that the Secretary of Energy or the
Secretary of Defense determines supports critical mission functions
of the national security enterprise.
(2) The term ``licensed'' means holding a license under section
103 or 104 of the Atomic Energy Act of 1954.
(3) The term ``micro-reactor'' means a nuclear reactor that has
a power production capacity that is not greater than 50 megawatts.
(4) The term ``pilot program'' means the pilot program
described in subsection (a).
(5) The term ``Secretary'' means Secretary of Energy.
(e) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified appendix.
(f) Limitations.--This Act does not authorize the Department of
Energy or Department of Defense to enter into a contract with respect
to the pilot program.
SEC. 328. LIMITATION ON MODIFICATIONS TO NAVY FACILITIES
SUSTAINMENT, RESTORATION, AND MODERNIZATION STRUCTURE AND
MECHANISM.
The Secretary of the Navy may not make any modification to the
existing Navy Facilities Sustainment, Restoration, and Modernization
structure or mechanism that would modify duty relationships or
significantly alter the existing structure until 90 days after
providing notice of the proposed modification to the congressional
defense committees.
Subtitle D--Reports
SEC. 331. REPORTS ON READINESS.
(a) Uniform Applicability of Readiness Reporting System.--
Subsection (b) of section 117 of title 10, United States Code, is
amended--
(1) by inserting ``and maintaining'' after ``establishing'';
(2) in paragraph (1), by striking ``reporting system is applied
uniformly throughout the Department of Defense'' and inserting
``reporting system and associated policies are applied uniformly
throughout the Department of Defense, including between and among
the joint staff and each of the armed forces'';
(3) by redesignating paragraphs (2) and (3) as paragraphs (5)
and (6), respectively;
(4) by inserting after paragraph (1) the following new
paragraphs:
``(2) that is the single authoritative readiness reporting
system for the Department, and that there shall be no military
service specific systems;
``(3) that readiness assessments are accomplished at an
organizational level at, or below, the level at which forces are
employed;
``(4) that the reporting system include resources information,
force posture, and mission centric capability assessments, as well
as predicted changes to these attributes;''; and
(5) in paragraph (5), as redesignated by paragraph (3) of this
subsection, by inserting ``, or element of a unit,'' after
``readiness status of a unit''.
(b) Capabilities of Readiness Reporting System.--Such section is
further amended in subsection (c)--
(1) in paragraph (1)--
(A) by striking ``Measure, on a monthly basis, the
capability of units'' and inserting ``Measure the readiness of
units''; and
(B) by striking ``conduct their assigned wartime missions''
and inserting ``conduct their designed and assigned missions'';
(2) in paragraph (2)--
(A) by striking ``Measure, on an annual basis,'' and
inserting ``Measure''; and
(B) by striking ``wartime missions'' and inserting
``designed and assigned missions'';
(3) in paragraph (3)--
(A) by striking ``Measure, on an annual basis,'' and
inserting ``Measure''; and
(B) by striking ``wartime missions'' and inserting
``designed and assigned missions'';
(4) in paragraph (4), by striking ``Measure, on a monthly
basis,'' and inserting ``Measure'';
(5) in paragraph (5), by striking ``Measure, on an annual
basis,'' and inserting ``Measure'';
(6) by striking paragraphs (6) and (8) and redesignating
paragraph (7) as paragraph (6); and
(7) in paragraph (6), as so redesignated, by striking
``Measure, on a quarterly basis,'' and inserting ``Measure''.
(c) Semi-annual and Monthly Joint Readiness Reviews.--Such section
is further amended in subsection (d)(1)(A) by inserting ``, which
includes a validation of readiness data currency and accuracy'' after
``joint readiness review''.
(d) Quarterly Report on Change in Current State of Unit
Readiness.--Such section is further amended--
(1) by redesignating subsection (f) as subsection (h); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Quarterly Report on Monthly Changes in Current State of
Readiness of Units.--For each quarter that begins after the date of the
enactment of this subsection and ends on or before September 30, 2023,
the Secretary shall submit to the congressional defense committees a
report on each monthly upgrade or downgrade of the current state of
readiness of a unit that was issued by the commander of a unit during
the previous quarter, together with the rationale of the commander for
the issuance of such upgrade or downgrade.''.
(e) Annual Report to Congress on Operational Contract Support.--
Such section is further amended by inserting after the new subsection
(f), as added by subsection (d)(2) of this section, the following new
subsection:
``(g) Annual Report on Operational Contract Support.--The Secretary
shall each year submit to the congressional defense committees a report
in writing containing the results of the most recent annual measurement
of the capability of operational contract support to support current
and anticipated wartime missions of the armed forces. Each such report
shall be submitted in unclassified form, but may include a classified
annex.''.
(f) Regulations.--Such section is further amended in subsection
(h), as redesignated by subsection (d)(1) of this section, by striking
``prescribe the units that are subject to reporting in the readiness
reporting system, what type of equipment is subject to such reporting''
and inserting ``prescribe the established information technology system
for Department of Defense reporting, specifically authorize exceptions
to a single-system architecture, and identify the organizations, units,
and entities that are subject to reporting in the readiness reporting
system, what organization resources are subject to such reporting''.
(g) Conforming Amendments.--
(1) Section heading.--Such section is further amended in the
section heading by striking ``: establishment; reporting to
congressional committees''.
(2) Table of sections.--The table of sections at the beginning
of chapter 2 is amended by striking the item relating to section
117 and inserting the following new item:
``117. Readiness reporting system.''.
SEC. 332. MATTERS FOR INCLUSION IN QUARTERLY REPORTS ON PERSONNEL
AND UNIT READINESS.
Section 482 of title 10, United States Code, is amended--
(1) in subsection (b)(1), by inserting after ``deficiency'' the
following: ``in the ground, sea, air, space, and cyber forces, and
in such other such areas as determined by the Secretary of
Defense,''; and
(2) in subsection (d)--
(A) in the subsection heading, by striking ``Assigned
Mission'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (2) as paragraph (3); and
(D) by inserting after paragraph (1) the following new
paragraph (2):
``(2) A report for the second or fourth quarter of a calendar
year under this section shall also include an assessment by each
commander of a geographic or functional combatant command of the
readiness of the command to conduct operations in a multidomain
battle that integrates ground, air, sea, space, and cyber
forces.''.
SEC. 333. ANNUAL COMPTROLLER GENERAL REVIEWS OF READINESS OF ARMED
FORCES TO CONDUCT FULL SPECTRUM OPERATIONS.
(a) Reviews Required.--For each of calendar years 2018 through
2021, the Comptroller General of the United States shall conduct an
annual review of the readiness of the Armed Forces to conduct each of
the following types of full spectrum operations:
(1) Ground.
(2) Sea.
(3) Air.
(4) Space.
(5) Cyber.
(b) Elements of Review.--In conducting a review under subsection
(a), the Comptroller General shall--
(1) use standard methodology and reporting formats in order to
show changes over time;
(2) evaluate, using fiscal year 2017 as the base year of
analysis--
(A) force structure;
(B) the ability of major operational units to conduct
operations; and
(C) the status of equipment, manning, and training; and
(3) provide reasons for any variances in readiness levels,
including changes in funding, availability in parts, training
opportunities, and operational demands.
(c) Metrics.--For purposes of the reviews required by this section,
the Secretary of Defense shall identify and establish metrics for
measuring readiness for the operations covered by subsection (a). In
the first review conducted under this section, the Comptroller General
shall evaluate and determine the validity of such metrics.
(d) Access to Relevant Data.--For purposes of this section, the
Secretary of Defense shall ensure that the Comptroller General has
access to all relevant data, including--
(1) any assessments of the ability of the Department of Defense
and the Armed Forces to execute operational and contingency plans;
(2) any internal Department readiness and force structure
assessments; and
(3) the readiness databases of the Department and the Armed
Forces.
(e) Reports.--
(1) Annual report.--Not later than February 28, 2019, and
annually thereafter until 2022, the Comptroller General shall
submit to the Committees on Armed Services of the Senate and House
of Representatives an annual report on the review conducted under
subsection (a) for the year preceding the year during which the
report is submitted.
(2) Additional reports.--At the discretion of the Comptroller
General, the Comptroller General may submit to the Committees on
Armed Services of the Senate and House of Representatives
additional reports addressing specific mission areas within the
operations covered by subsection (a) in order to provide an
independent assessment of readiness in the areas of equipping,
mapping, and training.
SEC. 334. SURFACE WARFARE TRAINING IMPROVEMENT.
(a) Findings.--Congress makes the following findings:
(1) In 2017, there were three collisions and one grounding
involving United States Navy ships in the Western Pacific. The two
most recent mishaps involved separate incidents of a Japan-based
United States Navy destroyer colliding with a commercial merchant
vessel, resulting in the combined loss of 17 sailors.
(2) The causal factors in these four mishaps are linked
directly to a failure to take sufficient action in accordance with
the rules of good seamanship.
(3) Because risks are high in the maritime environment, there
are widely accepted standards for safe seamanship and navigation.
In the United States, the International Convention on Standards of
Training, Certification and Watchkeeping (hereinafter in this
section referred to as the ``STCW'') for Seafarers, standardizes
the skills and foundational knowledge a maritime professional must
have in seamanship and navigation.
(4) Section 568 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2139) endorsed the
STCW process and required the Secretary of Defense to maximize the
extent to which Armed Forces service, training, and qualifications
are creditable toward meeting merchant mariner licenses and
certifications.
(5) The Surface Warfare Officer Course Curriculum is being
modified to include ten individual Go/No Go Mariner Assessments/
Competency Check Milestones to ensure standardization and quality
of the surface warfare community.
(6) The Military-to-Mariner Transition report of September 2017
notes the Army maintains an extensive STCW qualifications program
and that a similar Navy program does not exist.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of the Navy should establish a comprehensive
individual proficiency assessment process and include such an
assessment prior to all operational surface warfare officer tour
assignments; and
(2) the Secretary of the Navy should significantly expand the
STCW qualifications process to improve seamanship and navigation
individual skills training for surface warfare candidates, surface
warfare officers, quartermasters and operations specialists to
include an increased set of courses that directly correspond to
STCW standards.
(c) Report.--Not later than March 1, 2019, the Secretary of the
Navy shall submit to the congressional defense committees a report that
includes each of the following:
(1) A detailed description of the surface warfare officer
assessments process.
(2) A list of programs that have been approved for credit
toward merchant mariner credentials.
(3) A complete gap analysis of the existing surface warfare
training curriculum and STCW.
(4) A complete gap analysis of the existing surface warfare
training curriculum and the 3rd mate unlimited licensing
requirement.
(5) An assessment of surface warfare options to complete the
3rd mate unlimited license and the STCW qualification.
SEC. 335. REPORT ON OPTIMIZING SURFACE NAVY VESSEL INSPECTIONS AND
CREW CERTIFICATIONS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Navy shall submit to
Congress a report on optimizing surface Navy vessel inspections and
crew certifications to reduce the burden of inspection type visits that
vessels undergo. Such report shall include--
(1) an audit of all surface Navy vessel inspections,
certifications, and required and recommended assist visits;
(2) an analysis of such inspections, certifications, and visits
for redundancies, as well as any necessary items not covered;
(3) recommendations to streamline surface vessel inspections,
certifications, and required and recommended assist visits to
optimize effectiveness, improve material readiness, and restore
training readiness; and
(4) recommendations for congressional action to address the
needs of the Navy as identified in the report.
(b) Congressional Briefing.--Not later than January 31, 2019, the
Secretary of the Navy shall provide to the Senate Committee on Armed
Services and the House Committee on Armed Services an interim briefing
on the matters to be included in the report required by subsection (a).
SEC. 336. REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR.
The Secretary of Defense, in consultation with the heads of each of
the military departments and the Chairman of the Joint Chiefs of Staff,
shall submit to the congressional defense committees a report on labor
hours and depot maintenance, which shall include--
(1) the amount of public and private funding of depot-level
maintenance and repair (as defined in section 2460 of title 10
United States Code) for the Department of Defense, Army, Navy,
Marine Corps, Air Force, Special Operations Command, and any other
unified command identified by the Secretary, expressed by commodity
group by percentage and actual numbers in terms of dollars and
direct labor hours;
(2) within each category of depot level maintenance and repair
for each entities, the amount of the subset of depot maintenance
workload that meets the description under section 2464 of title 10,
United States Code, that is performed in the public and private
sectors by direct labor hours and by dollars;
(3) of the subset referred to in paragraph (2), the amount of
depot maintenance workload performed in the public and private
sector by direct labor hour and by dollars for each entity that
would otherwise be considered core workload under such section
2464, but is not considered core because a weapon system or
equipment has not been declared a program of record; and
(4) the projections for the upcoming future years defense
program, including the distinction between the Navy and the Marine
Corps for the Department of the Navy, as well as any unified
command, including the Special Operations Command.
SEC. 337. REPORT ON WILDFIRE SUPPRESSION CAPABILITIES OF ACTIVE AND
RESERVE COMPONENTS.
(a) Sense of Congress.--It is the sense of Congress that wildfires
endanger national security.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on the wildfire suppression capabilities within the active and reserve
components of the Armed Forces, including the Modular Airborne Fire
Fighting System Program, and interagency cooperation with the Forest
Service and the Department of the Interior.
SEC. 338. REPORT ON RELOCATION OF STEAM TURBINE PRODUCTION FROM
NIMITZ-CLASS AND FORD-CLASS AIRCRAFT CARRIERS AND VIRGINIA-CLASS
AND COLUMBIA-CLASS SUBMARINES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the Under Secretary
of Defense for Acquisition, Technology, and Logistics and the Assistant
Secretary of the Navy for Research, Development, and Acquisition, shall
develop and submit to Congress a report describing the potential
impacts on national defense and the manufacturing base resulting from
contractors or subcontractors relocating steam turbine production for
Nimitz-class and Ford-class aircraft carriers and Virginia-class and
Columbia-class submarines. Such report shall address each of the
following:
(1) The overall risk of moving production on the national
security of the United States, including the likelihood of
production delay or reduction in quality of steam turbines.
(2) The impact on national security from a delay in production
of aircraft carriers and submarines.
(3) The impacts on regional suppliers the current production of
steam turbines draw on and their ability to perform other contracts
should a relocation happen.
(4) The impact on the national industrial and manufacturing
base and loss of a critically skilled workforce resulting from a
relocation of production.
(5) The risk of moving production on total cost of the
acquisition.
SEC. 339. REPORT ON SPECIALIZED UNDERGRADUATE PILOT TRAINING
PRODUCTION, RESOURCING, AND LOCATIONS.
(a) In General.--Not later than March 1, 2019, the Secretary of the
Air Force shall submit to the congressional defense committees a report
on existing Specialized Undergraduate Pilot Training (SUPT) production,
resourcing, and locations.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of the strategy of the Air Force for
utilizing existing SUPT locations to produce the number of pilots
the Air Force requires.
(2) The number of pilots that each SUPT location has graduated,
by year, over the previous 5 fiscal years.
(3) The forecast number of pilots that each SUPT location will
produce for fiscal year 2019.
(4) The maximum production capacity of each SUPT location.
(5) The extent to which existing SUPT installations are
operating at maximum capacity in terms of pilot production.
(6) A cost estimate of the resources required for each SUPT
location to reach maximum production capacity.
(7) A determination as to whether increasing production
capacity at existing SUPT locations will satisfy the Air Force's
SUPT requirement.
(8) A timeline and cost estimation of establishing a new SUPT
location.
(9) A discussion of whether the Air Force plans to operate
existing SUPT installations at maximum capacity over the future
years defense program.
(10) A business case analysis comparing the establishment of a
new SUPT location to increasing production capacity at existing
SUPT locations.
SEC. 340. REPORT ON AIR FORCE AIRFIELD OPERATIONAL REQUIREMENTS.
(a) In General.--Not later than February 1, 2019, the Secretary of
the Air Force shall conduct an assessment and submit to the
congressional defense committees a report detailing the operational
requirements for Air Force airfields.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An assessment of the state of airfields where runway
degradation currently poses a threat to operations and airfields
where such degradation threatens operations in the next five and
ten years.
(2) A description of the operational requirements for
airfields, including an assessment of the impact to operations,
cost to repair, cost to replace, remaining useful life, and the
required daily maintenance to ensure runways are acceptable for
full operations.
(3) A description of any challenges with infrastructure
acquisition methods and processes.
(4) An assessment of the operational impact in the event a
runway were to become inoperable due to a major degradation
incident, such as a crack or fracture resulting from lack of
maintenance and repair.
(5) A plan to address any shortfalls associated with the Air
Force's runway infrastructure.
(c) Form.--The report required under subsection (a) shall be in
unclassified form but may contain a classified annex as necessary.
SEC. 341. REPORT ON NAVY SURFACE SHIP REPAIR CONTRACT COSTS.
(a) Report Required.--Not later than 120 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 Navy surface ship repair
contract costs.
(b) Elements.--The report required under subsection (a) shall
include, for each private sector maintenance availability for a
conventionally-powered Navy surface ship for the prior two completed
fiscal years, the following elements:
(1) Name of the ship.
(2) Location of the availability.
(3) Prime contractor performing the availability.
(4) Date of the contract award.
(5) Type of contract used, such as firm-fixed-price or cost-
plus-fixed-fee.
(6) Solicitation number.
(7) Number of offers received in response to the solicitation.
(8) Contract target cost at the date of contract award.
(9) Contract ceiling cost of the contract at the date of
contract award.
(10) Duration of the availability in days, including start and
end dates, at the date of contract award.
(11) Final contract cost.
(12) Final delivery cost.
(13) Actual duration of the availability in days, including
start and end dates.
(14) Description of growth work that was added after the
contract award, including the associated cost.
(15) Explanation of why the growth work described in paragraph
(14) was not included in the scope of work associated with the
original contract award.
Subtitle E--Other Matters
SEC. 351. COAST GUARD REPRESENTATION ON EXPLOSIVE SAFETY BOARD.
Section 172(a) of title 10, United States Code, is amended--
(1) by striking ``and Marine Corps'' and inserting ``Marine
Corps, and Coast Guard''; and
(2) by adding at the end the following new sentence: ``When the
Coast Guard is not operating as a service in the Department of the
Navy, the Secretary of Homeland Security shall appoint an officer
of the Coast Guard to serve as a voting member of the board.''.
SEC. 352. TRANSPORTATION TO CONTINENTAL UNITED STATES OF RETIRED
MILITARY WORKING DOGS OUTSIDE THE CONTINENTAL UNITED STATES THAT
ARE SUITABLE FOR ADOPTION IN THE UNITED STATES.
Section 2583(f) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) In the case of a military working dog located outside the
continental United States at the time of retirement that is suitable
for adoption at that time, the Secretary of the military department
concerned shall undertake transportation of the dog to the continental
United States (including transportation by contract at United States
expense) for adoption under this section unless--
``(i) the dog is adopted as described in paragraph (2)(A); or
``(ii) transportation of the dog to the continental United
States would not be in the best interests of the dog for medical
reasons.
``(B) Nothing in this paragraph shall be construed to alter the
preference in adoption of retired military working dogs for former
handlers as set forth in subsection (g).''.
SEC. 353. SCOPE OF AUTHORITY FOR RESTORATION OF LAND DUE TO MISHAP.
Subsection (e) of section 2691 of title 10, United States Code, as
added by section 2814 of the Military Construction Authorization Act
for Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat. 1849),
is amended by adding at the end the following new paragraph:
``(3) The authority under paragraphs (1) and (2) includes
activities and expenditures necessary to complete restoration to meet
the regulations of the Federal department or agency with administrative
jurisdiction over the affected land, which may be different than the
regulations of the Department of Defense.''.
SEC. 354. REPURPOSING AND REUSE OF SURPLUS ARMY FIREARMS.
Section 348(b) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1365) is amended by inserting
``shredded or'' before ``melted and repurposed''.
SEC. 355. STUDY ON PHASING OUT OPEN BURN PITS.
(a) 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 that includes--
(1) details of any ongoing use of open burn pits; and
(2) the feasibility of phasing out the use of open burn pits by
using technology incinerators.
(b) Open Burn Pit Defined.--In this section, the term ``open burn
pit'' means an area of land--
(1) that is designated by the Secretary of Defense to be used
for disposing solid waste by burning in the outdoor air; and
(2) does not contain a commercially manufactured incinerator or
other equipment specifically designed and manufactured for the
burning of solid waste.
SEC. 356. NOTIFICATION REQUIREMENTS RELATING TO CHANGES TO UNIFORM
OF MEMBERS OF THE UNIFORMED SERVICES.
(a) DLA Notification.--The Secretary of a military department shall
notify the Commander of the Defense Logistics Agency of any plan to
implement a change to any uniform or uniform component of a member of
the uniformed services. Such notification shall be made not less than
three years prior to the implementation of such change.
(b) Contractor Notification.--The Commander of the Defense
Logistics Agency shall notify a contractor when one of the uniformed
services plans to make a change to a uniform component that is provided
by that contractor. Such a notification shall be made not less than 12
months prior to any announcement of a public solicitation for the
manufacture of the new uniform component.
(c) Waiver.--If the Secretary of a military department or the
Commander of the Defense Logistics Agency determines that the
notification requirement under subsection (a) would adversely affect
operational safety, force protection, or the national security
interests of the United States, the Secretary or the Commander may
waive such requirement.
SEC. 357. REPORTING ON FUTURE YEARS BUDGETING BY SUBACTIVITY GROUP.
Along with the budget for each fiscal year 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 include in the OP-5 Justification Books, as detailed
by Department of Defense Financial Management Regulation 7000.14-R, the
amount for each individual subactivity group, as detailed in the
Department's future years defense program pursuant to section 221 of
title 10, United States Code.
SEC. 358. LIMITATION ON AVAILABILITY OF FUNDS FOR SERVICE-SPECIFIC
DEFENSE READINESS REPORTING SYSTEMS.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
fiscal year 2019 for research, development, test, and evaluation or
procurement, and available to develop service-specific Defense
Readiness Reporting Systems (referred to in this section as ``DRRS'')
may be made available for such purpose except for required maintenance
and in order to facilitate the transition to DRRS-Strategic (referred
to in this section as ``DRRS-S'').
(b) Plan.--Not later than February 1, 2019, the Under Secretary for
Personnel and Readiness shall submit to the congressional defense
committees a resource and funding plan to include a schedule with
relevant milestones on the elimination of service-specific DRRS and the
migration of the military services and other organizations to DRRS-S.
(c) Transition.--The military services shall complete the
transition to DRRS-S not later than October 1, 2019. The Secretary of
Defense shall notify the congressional defense committees upon the
complete transition of the services.
(d) Reporting Requirement.--
(1) In general.--The Under Secretary for Personnel and
Readiness, the Under Secretary for Acquisition and Sustainment, and
the Under Secretary for Research and Engineering, in coordination
with the Secretaries of the military departments and other
organizations with relevant technical expertise, shall establish a
working group including individuals with expertise in application
or software development, data science, testing, and development and
assessment of performance metrics to assess the current process for
collecting, analyzing, and communicating readiness data, and
develop a strategy for implementing any recommended changes to
improve and establish readiness metrics using the current DRRS-
Strategic platform.
(2) Elements.--The assessment conducted pursuant to paragraph
(1) shall include--
(A) identification of modern tools, methods, and approaches
to readiness to more effectively and efficiently collect,
analyze, and make decision based on readiness data; and
(B) consideration of cost and schedule.
(3) Submission to congress.--Not later than February 1, 2020,
the Secretary of Defense shall submit to the congressional defense
committees the assessment conducted pursuant to paragraph (1).
(e) Defense Readiness Reporting Requirements.--To the maximum
extent practicable, the Secretary of Defense shall meet defense
readiness reporting requirements consistent with the recommendations of
the working group established under subsection (d)(1).
SEC. 359. PRIORITIZATION OF ENVIRONMENTAL IMPACTS FOR FACILITIES
SUSTAINMENT, RESTORATION, AND MODERNIZATION DEMOLITION.
The Secretary of Defense shall establish prioritization metrics for
facilities deemed eligible for demolition within the Facilities
Sustainment, Restoration, and Modernization (FSRM) process. Those
metrics shall include full spectrum readiness and environmental
impacts, including the removal of contamination.
SEC. 360. SENSE OF CONGRESS RELATING TO SOO LOCKS, SAULT SAINTE
MARIE, MICHIGAN.
It is the sense of Congress that--
(1) the Soo Locks in Sault Ste. Marie, Michigan, are of
critical importance to the national security of the United States;
(2) the Soo Locks are the only waterway connection from Lake
Superior to the Lower Great Lakes and the St. Lawrence Seaway;
(3) only the Poe Lock is of sufficient size to allow for the
passage of the largest cargo vessels that transport well over 90
percent of all iron ore mined in the United States, and this lock
is nearing the end of its 50-year useful lifespan;
(4) a report issued by the Office of Cyber and Infrastructure
Analysis of the Department of Homeland Security concluded that an
unscheduled 6-month outage of the Poe Lock would cause--
(A) a dramatic increase in national and regional
unemployment; and
(B) 75 percent of Great Lakes steel production, and nearly
all North American appliance, automobile, railcar, and
construction, farm, and mining equipment production to cease;
(5) the Corps of Engineers is reevaluating a past economic
evaluation report to update the benefit-to-cost ratio for building
a new lock at the Soo Locks; and
(6) the Secretary of the Army and all relevant Federal agencies
should--
(A) expedite the completion of the report described in
paragraph (5) and ensure the analysis adequately reflects the
critical importance of the Soo Locks infrastructure to the
national security and economy of the United States; and
(B) expedite all other necessary reviews, analysis, and
approvals needed to speed the required upgrades at the Soo
Locks.
SEC. 361. U.S. SPECIAL OPERATIONS COMMAND CIVILIAN PERSONNEL.
Notwithstanding section 143 of title 10, United States Code, of the
funds authorized to be appropriated by this Act for Operation and
Maintenance, Defense-wide for United States Special Operations Command
civilian personnel, not less than $4,000,000 shall be used to fund
additional civilian personnel in or directly supporting the office of
the Assistant Secretary of Defense for Special Operations and Low-
Intensity Conflict to support the Assistant Secretary in fulfilling the
additional responsibilities of the Assistant Secretary that were added
by the amendments to sections 138(b)(4), 139b, and 167 of title 10,
United States Code, made by section 922 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
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. Maximum number of reserve personnel authorized to be on active
duty for operational support.
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, 2019, as follows:
(1) The Army, 487,500.
(2) The Navy, 335,400.
(3) The Marine Corps, 186,100.
(4) The Air Force, 329,100.
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, 487,500.
``(2) For the Navy, 335,400.
``(3) For the Marine Corps, 186,100.
``(4) For the Air Force, 329,100.''.
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, 2019, as follows:
(1) The Army National Guard of the United States, 343,500.
(2) The Army Reserve, 199,500.
(3) The Navy Reserve, 59,100.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 107,100.
(6) The Air Force Reserve, 70,000.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which are on
active duty (other than for training) at the end of the fiscal
year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent at
the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve 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,
2019, 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, 30,595.
(2) The Army Reserve, 16,386.
(3) The Navy Reserve, 10,110.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 19,861.
(6) The Air Force Reserve, 3,849.
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 2019 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, 15,861.
(4) For the Air Force Reserve, 8,880.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2019, 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.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2019 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 2019.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Repeal of requirement for ability to complete 20 years of
service by age 62 as qualification for original appointment as
a regular commissioned officer.
Sec. 502. Enhancement of availability of constructive service credit for
private sector training or experience upon original
appointment as a commissioned officer.
Sec. 503. Standardized temporary promotion authority across the military
departments for officers in certain grades with critical
skills.
Sec. 504. Authority for promotion boards to recommend officers of
particular merit be placed higher on a promotion list.
Sec. 505. Authority for officers to opt out of promotion board
consideration.
Sec. 506. Applicability to additional officer grades of authority for
continuation on active duty of officers in certain military
specialties and career tracks.
Sec. 507. Alternative promotion authority for officers in designated
competitive categories of officers.
Sec. 508. Attending Physician to the Congress.
Sec. 509. Matters relating to satisfactory service in grade for purposes
of retirement grade of officers in highest grade of
satisfactory service.
Sec. 510. Grades of Chiefs of Chaplains.
Sec. 511. Repeal of original appointment qualification requirement for
warrant officers in the regular Army.
Sec. 512. Reduction in number of years of active naval service required
for permanent appointment as a limited duty officer.
Sec. 513. Authority to designate certain reserve officers as not to be
considered for selection for promotion.
Sec. 514. GAO review of surface warfare career paths.
Subtitle B--Reserve Component Management
Sec. 515. Authorized strength and distribution in grade.
Sec. 516. Repeal of prohibition on service on Army Reserve Forces Policy
Committee by members on active duty.
Sec. 517. Expansion of personnel subject to authority of the Chief of
the National Guard Bureau in the execution of functions and
missions of the National Guard Bureau.
Sec. 518. Authority to adjust effective date of promotion in the event
of undue delay in extending Federal recognition of promotion.
Sec. 519. National Guard Youth Challenge Program.
Sec. 520. Extension of authority for pilot program on use of retired
senior enlisted members of the Army National Guard as Army
National Guard recruiters.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Enlistments vital to the national interest.
Sec. 522. Statement of benefits.
Sec. 523. Modification to forms of support that may be accepted in
support of the mission of the Defense POW/MIA Accounting
Agency.
Sec. 524. Assessment of Navy standard workweek and related adjustments.
Sec. 525. Notification on manning of afloat naval forces.
Sec. 526. Navy watchstander records.
Sec. 527. Qualification experience requirements for certain Navy
watchstations.
Subtitle D--Military Justice
Sec. 531. Inclusion of strangulation and suffocation in conduct
constituting aggravated assault for purposes of the Uniform
Code of Military Justice.
Sec. 532. Punitive article on domestic violence under the Uniform Code
of Military Justice.
Sec. 533. Authorities of Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed
Forces.
Sec. 534. Report on feasibility of expanding services of the Special
Victims' Counsel to victims of domestic violence.
Sec. 535. Uniform command action form on disposition of unrestricted
sexual assault cases involving members of the Armed Forces.
Sec. 536. Standardization of policies related to expedited transfer in
cases of sexual assault or domestic violence.
Subtitle E--Other Legal Matters
Sec. 541. Clarification of expiration of term of appellate military
judges of the United States Court of Military Commission
Review.
Sec. 542. Security clearance reinvestigation of certain personnel who
commit certain offenses.
Sec. 543. Development of oversight plan for implementation of Department
of Defense harassment prevention and response policy.
Sec. 544. Oversight of registered sex offender management program.
Sec. 545. Development of resource guides regarding sexual assault for
the military service academies.
Sec. 546. Improved crime reporting.
Sec. 547. Report on victims of sexual assault in reports of military
criminal investigative organizations.
Subtitle F--Member Education, Training, Resilience, and Transition
Sec. 551. Permanent career intermission program.
Sec. 552. Improvements to Transition Assistance Program.
Sec. 553. Repeal of program on encouragement of postseparation public
and community service.
Sec. 554. Clarification of application and honorable service
requirements under the Troops-to-Teachers Program to members
of the Retired Reserve.
Sec. 555. Employment and compensation of civilian faculty members at the
Joint Special Operations University.
Sec. 556. Program to assist members of the Armed Forces in obtaining
professional credentials.
Sec. 557. Enhancement of authorities in connection with Junior Reserve
Officers' Training Corps programs.
Sec. 558. Expansion of period of availability of Military OneSource
program for retired and discharged members of the Armed Forces
and their immediate families.
Sec. 559. Prohibition on use of funds for attendance of enlisted
personnel at senior level and intermediate level officer
professional military education courses.
Subtitle G--Defense Dependents' Education
Sec. 561. Assistance to schools with military dependent students.
Sec. 562. Department of Defense Education Activity policies and
procedures on sexual harassment of students of Activity
schools.
Sec. 563. Department of Defense Education Activity misconduct database.
Sec. 564. Assessment and report on active shooter threat mitigation at
schools located on military installations.
Subtitle H--Military Family Readiness Matters
Sec. 571. Department of Defense Military Family Readiness Council
matters.
Sec. 572. Enhancement and clarification of family support services for
family members of members of special operations forces.
Sec. 573. Temporary expansion of authority for noncompetitive
appointments of military spouses by Federal agencies.
Sec. 574. Improvement of My Career Advancement Account program for
military spouses.
Sec. 575. Assessment and report on the effects of permanent changes of
station on employment among military spouses.
Sec. 576. Provisional or interim clearances to provide childcare
services at military childcare centers.
Sec. 577. Multidisciplinary teams for military installations on child
abuse and other domestic violence.
Sec. 578. Pilot program for military families: prevention of child abuse
and training on safe childcare practices.
Sec. 579. Assessment and report on small business activities of military
spouses on military installations in the United States.
Subtitle I--Decorations and Awards
Sec. 581. Atomic veterans service certificate.
Sec. 582. Award of medals or other commendations to handlers of military
working dogs.
Sec. 583. Authorization for award of distinguished-service cross to
Justin T. Gallegos for acts of valor during Operation Enduring
Freedom.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Annual defense manpower requirements report matters.
Sec. 592. Burial of unclaimed remains of inmates at the United States
Disciplinary Barracks Cemetery, Fort Leavenworth, Kansas.
Sec. 593. Standardization of frequency of academy visits of the Air
Force Academy Board of Visitors with academy visits of boards
of other military service academies.
Sec. 594. National Commission on Military, National, and Public Service
matters.
Sec. 595. Public availability of top-line numbers of deployed members of
the Armed Forces.
Sec. 596. Report on general and flag officer costs.
Sec. 597. Study on active service obligations for medical training with
other service obligations for education or training and health
professional recruiting.
Sec. 598. Criteria for interment at Arlington National Cemetery.
Sec. 599. Limitation on use of funds pending submittal of report on Army
Marketing and Advertising Program.
Sec. 600. Proof of period of military service for purposes of interest
rate limitation under the Servicemembers Civil Relief Act.
Subtitle A--Officer Personnel Policy
SEC. 501. REPEAL OF REQUIREMENT FOR ABILITY TO COMPLETE 20 YEARS OF
SERVICE BY AGE 62 AS QUALIFICATION FOR ORIGINAL APPOINTMENT AS A
REGULAR COMMISSIONED OFFICER.
(a) Repeal.--Subsection (a) of section 532 of title 10, United
States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3), (4), and (5) as paragraphs
(2), (3), and (4), respectively.
(b) Conforming Amendment.--Such section is further amended by
striking subsection (d).
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to original appointments of regular commissioned officers of
the Armed Forces made on or after that date.
SEC. 502. ENHANCEMENT OF AVAILABILITY OF CONSTRUCTIVE SERVICE
CREDIT FOR PRIVATE SECTOR TRAINING OR EXPERIENCE UPON ORIGINAL
APPOINTMENT AS A COMMISSIONED OFFICER.
(a) Regular Officers.--
(1) In general.--Subsection (b) of section 533 of title 10,
United States Code, is amended--
(A) in paragraph (1), by striking subparagraph (D) and
inserting the following new subparagraph (D):
``(D) Additional credit for special training or experience in a
particular officer career field as designated by the Secretary
concerned, if such training or experience is directly related to
the operational needs of the armed force concerned.''; and
(B) in paragraph (2)--
(i) by striking ``Except as authorized by the Secretary
concerned in individual cases and under regulations
prescribed by the Secretary of Defense in the case of a
medical or dental officer, the amount'' and inserting ``The
amount''; and
(ii) by striking ``in the grade of major in the Army,
Air Force, or Marine Corps or lieutenant commander in the
Navy'' and inserting ``in the grade of colonel in the Army,
Air Force, or Marine Corps or captain in the Navy''.
(2) Repeal of temporary authority for service credit for
critically necessary cyberspace-related experience.--Such section
is further amended--
(A) in subsections (a)(2) and (c), by striking ``or (g)'';
and
(B) by striking subsection (g).
(b) Reserve Officers.--
(1) In general.--Subsection (b) of section 12207 of title 10,
United States Code, is amended--
(A) in paragraph (1), by striking subparagraph (D) and
inserting the following new subparagraph (D):
``(D) Additional credit for special training or experience in a
particular officer career field as designated by the Secretary
concerned, if such training or experience is directly related to
the operational needs of the armed force concerned.''; and
(B) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) The amount of constructive service credit credited to an
officer under this subsection may not exceed the amount required in
order for the officer to be eligible for an original appointment as a
reserve officer of the Army, Air Force, or Marine Corps in the grade of
colonel or as a reserve officer of the Navy in the grade of captain.''.
(2) Repeal of temporary authority for service credit for
critically necessary cyberspace-related experience.--Such section
is further amended--
(A) by striking subsection (e);
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively; and
(C) in subsection (e), as redesignated by subparagraph (B),
by striking ``, (d), or (e)'' and inserting ``or (d)''.
SEC. 503. STANDARDIZED TEMPORARY PROMOTION AUTHORITY ACROSS THE
MILITARY DEPARTMENTS FOR OFFICERS IN CERTAIN GRADES WITH CRITICAL
SKILLS.
(a) Standardized Temporary Promotion Authority.--
(1) In general.--Chapter 35 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 605. Promotion to certain grades for officers with critical
skills: colonel, lieutenant colonel, major, captain; captain,
commander, lieutenant commander, lieutenant
``(a) In General.--An officer in the grade of first lieutenant,
captain, major, or lieutenant colonel in the Army, Air Force, or Marine
Corps, or lieutenant (junior grade), lieutenant, lieutenant commander,
or commander in the Navy, who is described in subsection (b) may be
temporarily promoted to the grade of captain, major, lieutenant
colonel, or colonel in the Army, Air Force, or Marine Corps, or
lieutenant, lieutenant commander, commander, or captain in the Navy, as
applicable, under regulations prescribed by the Secretary of the
military department concerned. Appointments under this section shall be
made by the President, by and with the advice and consent of the
Senate.
``(b) Covered Officers.--An officer described in this subsection is
any officer in a grade specified in subsection (a) who--
``(1) has a skill in which the armed force concerned has a
critical shortage of personnel (as determined by the Secretary of
the military department concerned); and
``(2) is serving in a position (as determined by the Secretary
of the military department concerned) that--
``(A) is designated to be held by a captain, major,
lieutenant colonel, or colonel in the Army, Air Force, or
Marine Corps, or lieutenant, lieutenant commander, commander,
or captain in the Navy, as applicable; and
``(B) requires that an officer serving in such position
have the skill possessed by such officer.
``(c) Preservation of Position and Status of Officers Appointed.--
An appointment under this section does not change the position on the
active-duty list or the permanent, probationary, or acting status of
the officer so appointed, prejudice the officer in regard to other
promotions or appointments, or abridge the rights or benefits of the
officer.
``(d) Board Recommendation Required.--A temporary promotion under
this section may be made only upon the recommendation of a board of
officers convened by the Secretary of the military department concerned
for the purpose of recommending officers for such promotions.
``(e) Acceptance and Effective Date of Appointment.--Each
appointment under this section, unless expressly declined, is, without
formal acceptance, regarded as accepted on the date such appointment is
made, and a member so appointed is entitled to the pay and allowances
of the grade of the temporary promotion under this section from the
date the appointment is made.
``(f) Termination of Appointment.--Unless sooner terminated, an
appointment under this section terminates--
``(1) on the date the officer who received the appointment is
promoted to the permanent grade of captain, major, lieutenant
colonel, or colonel in the Army, Air Force, or Marine Corps, or
lieutenant, lieutenant commander, commander, or captain in the
Navy; or
``(2) on the date the officer is detached from a position
described in subsection (b)(2), unless the officer is on a
promotion list to the permanent grade of captain, major, lieutenant
colonel, or colonel in the Army, Air Force, or Marine Corps, or
lieutenant, lieutenant commander, commander, or captain in the
Navy, in which case the appointment terminates on the date the
officer is promoted to that grade.
``(g) Limitation on Number of Eligible Positions.--An appointment
under this section may only be made for service in a position
designated by the Secretary of the military department concerned for
the purposes of this section. The number of positions so designated may
not exceed the following:
``(1) In the case of the Army--
``(A) as captain, 120;
``(B) as major, 350;
``(C) as lieutenant colonel, 200; and
``(D) as colonel, 100.
``(2) In the case of the Air Force--
``(A) as captain, 100;
``(B) as major, 325;
``(C) as lieutenant colonel, 175; and
``(D) as colonel, 80.
``(3) In the case of the Marine Corps--
``(A) as captain, 50;
``(B) as major, 175;
``(C) as lieutenant colonel, 100; and
``(D) as colonel, 50.
``(4) In the case of the Navy--
``(A) as lieutenant, 100;
``(B) as lieutenant commander, 325;
``(C) as commander, 175; and
``(D) as captain, 80.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 35 of such title is amended by adding at the end the
following new item:
``605. Promotion to certain grades for officers with critical skills:
colonel, lieutenant colonel, major, captain; captain,
commander, lieutenant commander, lieutenant.''.
(b) Repeal of Superseded Authority Applicable to Navy
Lieutenants.--
(1) Repeal.--Chapter 544 of title 10, United States Code, is
repealed.
(2) Clerical amendments.--The tables of chapters at the
beginning of title 10, United States Code, and at the beginning of
subtitle C of such title, are each amended by striking the item
relating to chapter 544.
SEC. 504. AUTHORITY FOR PROMOTION BOARDS TO RECOMMEND OFFICERS OF
PARTICULAR MERIT BE PLACED HIGHER ON A PROMOTION LIST.
(a) In General.--Section 616 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(g)(1) In selecting the officers to be recommended for promotion,
a selection board may, when authorized by the Secretary of the military
department concerned, recommend officers of particular merit, from
among those officers selected for promotion, to be placed higher on the
promotion list established by the Secretary under section 624(a)(1) of
this title.
``(2) An officer may be recommended to be placed higher on a
promotion list under paragraph (1) only if the officer receives the
recommendation of at least a majority of the members of the board,
unless the Secretary concerned establishes an alternative requirement.
Any such alternative requirement shall be furnished to the board as
part of the guidelines furnished to the board under section 615 of this
title.
``(3) For the officers recommended to be placed higher on a
promotion list under paragraph (1), the board shall recommend the order
in which those officers should be placed on the list.''.
(b) Promotion Selection Board Reports Recommending Officers of
Particular Merit Be Placed Higher on Promotion List.--Section 617 of
such title is amended by adding at the end the following new
subsection:
``(d) A selection board convened under section 611(a) of this title
shall, when authorized under section 616(g) of this title, include in
its report to the Secretary concerned the names of those officers
recommended by the board to be placed higher on the promotion list and
the order in which the board recommends that those officers should be
placed on the list.''.
(c) Officers of Particular Merit Appearing Higher on Promotion
List.--Section 624(a)(1) of such title is amended in the first sentence
by adding at the end ``or based on particular merit, as determined by
the promotion board''.
SEC. 505. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD
CONSIDERATION.
(a) Active-Duty List Officers.--Section 619 of title 10, United
States Code, is amended--
(1) in subsection (d), by adding at the end the following new
paragraph:
``(6) An officer excluded under subsection (e).''; and
(2) by adding at the end the following new subsection:
``(e) Authority To Allow Officers To Opt Out of Selection Board
Consideration.--(1) The Secretary of a military department may provide
that an officer under the jurisdiction of the Secretary may, upon the
officer's request and with the approval of the Secretary, be excluded
from consideration by a selection board convened under section 611(a)
of this title to consider officers for promotion to the next higher
grade.
``(2) The Secretary concerned may only approve a request under
paragraph (1) if--
``(A) the basis for the request is to allow an officer to
complete a broadening assignment, advanced education, another
assignment of significant value to the Department, or a career
progression requirement delayed by the assignment or education;
``(B) the Secretary determines the exclusion from consideration
is in the best interest of the military department concerned; and
``(C) the officer has not previously failed of selection for
promotion to the grade for which the officer requests the exclusion
from consideration.''.
(b) Reserve Active-Status List Officers.--Section 14301 of such
title is amended--
(1) in subsection (c)--
(A) in the subsection heading, by striking ``Previously
Selected Officers Not Eligible'' and inserting ``Certain
Officers Not''; and
(B) by adding at the end the following new paragraph:
``(6) An officer excluded under subsection (j).''; and
(2) by adding at the end the following new subsection:
``(j) Authority To Allow Officers To Opt Out of Selection Board
Consideration.--(1) The Secretary of a military department may provide
that an officer under the jurisdiction of the Secretary may, upon the
officer's request and with the approval of the Secretary, be excluded
from consideration by a selection board convened under section 14101(a)
of this title to consider officers for promotion to the next higher
grade.
``(2) The Secretary concerned may only approve a request under
paragraph (1) if--
``(A) the basis for the request is to allow an officer to
complete a broadening assignment, advanced education, another
assignment of significant value to the Department, or a career
progression requirement delayed by the assignment or education;
``(B) the Secretary determines the exclusion from consideration
is in the best interest of the military department concerned; and
``(C) the officer has not previously failed of selection for
promotion to the grade for which the officer requests the exclusion
from consideration.''.
SEC. 506. APPLICABILITY TO ADDITIONAL OFFICER GRADES OF AUTHORITY
FOR CONTINUATION ON ACTIVE DUTY OF OFFICERS IN CERTAIN MILITARY
SPECIALTIES AND CAREER TRACKS.
Section 637a(a) of title 10, United States Code, is amended--
(1) by striking ``grade O-4'' and inserting ``grade O-2''; and
(2) by inserting ``632,'' before ``633,''.
SEC. 507. ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN
DESIGNATED COMPETITIVE CATEGORIES OF OFFICERS.
(a) Alternative Promotion Authority.--
(1) In general.--Chapter 36 of title 10, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER VI--ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN
DESIGNATED COMPETITIVE CATEGORIES
``Sec.
``649a. Officers in designated competitive categories.
``649b. Selection for promotion.
``649c. Eligibility for consideration for promotion.
``649d. Opportunities for consideration for promotion.
``649e. Promotions.
``649f. Failure of selection for promotion.
``649g. Retirement: retirement for years of service; selective early
retirement.
``649h. Continuation on active duty.
``649i. Continuation on active duty: officers in certain military
specialties and career tracks.
``649j. Other administrative authorities.
``649k. Regulations.
``Sec. 649a. Officers in designated competitive categories
``(a) Authority To Designate Competitive Categories of Officers.--
Each Secretary of a military department may designate one or more
competitive categories for promotion of officers under section 621 of
this title that are under the jurisdiction of such Secretary as a
competitive category of officers whose promotion, retirement, and
continuation on active duty shall be subject to the provisions of this
subchapter.
``(b) Limitation on Exercise of Authority.--The Secretary of a
military department may not designate a competitive category of
officers for purposes of this subchapter until 60 days after the date
on which the Secretary submits to the Committees on Armed Services of
the Senate and the House of Representatives a report on the designation
of the competitive category. The report on the designation of a
competitive category shall set forth the following:
``(1) A detailed description of officer requirements for
officers within the competitive category.
``(2) An explanation of the number of opportunities for
consideration for promotion to each particular grade, and an
estimate of promotion timing, within the competitive category.
``(3) An estimate of the size of the promotion zone for each
grade within the competitive category.
``(4) A description of any other matters the Secretary
considered in determining to designate the competitive category for
purposes of this subchapter.
``Sec. 649b. Selection for promotion
``(a) In General.--Except as provided in this section, the
selection for promotion of officers in any competitive category of
officers designated for purposes of this subchapter shall be governed
by the provisions of subchapter I of this chapter.
``(b) No Recommendation for Promotion of Officers Below Promotion
Zone.--Section 616(b) of this title shall not apply to the selection
for promotion of officers described in subsection (a).
``(c) Recommendation for Officers To Be Excluded From Future
Consideration for Promotion.--In making recommendations pursuant to
section 616 of this title for purposes of the administration of this
subchapter, a selection board convened under section 611(a) of this
title may recommend that an officer considered by the board be excluded
from future consideration for promotion under this chapter.
``Sec. 649c. Eligibility for consideration for promotion
``(a) In General.--Except as provided by this section, eligibility
for promotion of officers in any competitive category of officers
designated for purposes of this subchapter shall be governed by the
provisions of section 619 of this title.
``(b) Inapplicability of Certain Time-in-grade Requirements.--
Paragraphs (2) through (4) of section 619(a) of this title shall not
apply to the promotion of officers described in subsection (a).
``(c) Inapplicability to Officers Above and Below Promotion Zone.--
The following provisions of section 619(c) of this title shall not
apply to the promotion of officers described in subsection (a):
``(1) The reference in paragraph (1) of that section to an
officer above the promotion zone.
``(2) Paragraph (2)(A) of that section.
``(d) Ineligibility of Certain Officers.--The following officers
are not eligible for promotion under this subchapter:
``(1) An officer described in section 619(d) of this title.
``(2) An officer not included within the promotion zone.
``(3) An officer who has failed of promotion to a higher grade
the maximum number of times specified for opportunities for
promotion for such grade within the competitive category concerned
pursuant to section 649d of this title.
``(4) An officer recommended by a selection board to be removed
from consideration for promotion in accordance with section 649b(c)
of this title.
``Sec. 649d. Opportunities for consideration for promotion
``(a) Specification of Number of Opportunities for Consideration
for Promotion.--In designating a competitive category of officers
pursuant to section 649a of this title, the Secretary of a military
department shall specify the number of opportunities for consideration
for promotion to be afforded officers of the armed force concerned
within the category for promotion to each grade above the grade of
first lieutenant or lieutenant (junior grade), as applicable.
``(b) Limited Authority of Secretary of Military Department to
Modify Number of Opportunities.--The Secretary of a military department
may modify the number of opportunities for consideration for promotion
to be afforded officers of an armed force within a competitive category
for promotion to a particular grade, as previously specified by the
Secretary pursuant subsection (a) or this subsection, not more
frequently than once every five years.
``(c) Discretionary Authority of Secretary of Defense to Modify
Number of Opportunities.--The Secretary of Defense may modify the
number of opportunities for consideration for promotion to be afforded
officers of an armed force within a competitive category for promotion
to a particular grade, as previously specified or modified pursuant to
any provision of this section, at the discretion of the Secretary.
``(d) Limitation on Number of Opportunities Specified.--The number
of opportunities for consideration for promotion to be afforded
officers of an armed force within a competitive category for promotion
to a particular grade, as specified or modified pursuant to any
provision of this section, may not exceed five opportunities.
``(e) Effect of Certain Reduction in Number of Opportunities
Specified.--If, by reason of a reduction in the number of opportunities
for consideration for promotion under this section, an officer would no
longer have one or more opportunities for consideration for promotion
that were available to the officer before the reduction, the officer
shall be afforded one additional opportunity for consideration for
promotion after the reduction.
``Sec. 649e. Promotions
``Sections 620 through 626 of this title shall apply in promotions
of officers in competitive categories of officers designated for
purposes of this subchapter.
``Sec. 649f. Failure of selection for promotion
``(a) In General.--Except as provided in this section, sections 627
through 632 of this title shall apply to promotions of officers in
competitive categories of officers designated for purposes of this
subchapter.
``(b) Inapplicability of Failure of Selection for Promotion to
Officers Above Promotion Zone.--The reference in section 627 of this
title to an officer above the promotion zone shall not apply in the
promotion of officers described in subsection (a).
``(c) Special Selection Board Matters.--The reference in section
628(a)(1) of this title to a person above the promotion zone shall not
apply in the promotion of officers described in subsection (a).
``(d) Effect of Failure of Selection.--In the administration of
this subchapter pursuant to subsection (a)--
``(1) an officer described in subsection (a) shall not be
deemed to have failed twice of selection for promotion for purposes
of section 629(e)(2) of this title until the officer has failed
selection of promotion to the next higher grade the maximum number
of times specified for opportunities for promotion to such grade
within the competitive category concerned pursuant to section 649d
of this title; and
``(2) any reference in section 631(a) or 632(a) of this title
to an officer who has failed of selection for promotion to the next
higher grade for the second time shall be deemed to refer instead
to an officer described in subsection (a) who has failed of
selection for promotion to the next higher grade for the maximum
number of times specified for opportunities for promotion to such
grade within the competitive category concerned pursuant to such
section 649d.
``Sec. 649g. Retirement: retirement for years of service; selective
early retirement
``(a) Retirement for Years of Services.--Sections 633 through 636
of this title shall apply to the retirement of officers in competitive
categories of officers designated for purposes of this subchapter.
``(b) Selective Early Retirement.--Sections 638 and 638a of this
title shall apply to the retirement of officers described in subsection
(a).
``Sec. 649h. Continuation on active duty
``(a) In General.--An officer subject to discharge or retirement
pursuant to this subchapter may, subject to the needs of the service,
be continued on active duty if the officer is selected for continuation
on active duty in accordance with this section by a selection board
convened under section 611(b) of this title.
``(b) Identification of Positions for Officers Continued on Active
Duty.--
``(1) In general.--Officers may be selected for continuation on
active duty pursuant to this section only for assignment to
positions identified by the Secretary of the military department
concerned for which vacancies exist or are anticipated to exist.
``(2) Identification.--Before convening a selection board
pursuant to section 611(b) of this title for purposes of selection
of officers for continuation on active duty pursuant to this
section, the Secretary of the military department concerned shall
specify for purposes of the board the positions identified by the
Secretary to which officers selected for continuation on active
duty may be assigned.
``(c) Recommendation for Continuation.--A selection board may
recommend an officer for continuation on active duty pursuant to this
section only if the board determines that the officer is qualified for
assignment to one or more positions identified pursuant to subsection
(b) on the basis of skills, knowledge, and behavior required of an
officer to perform successfully in such position or positions.
``(d) Approval of Secretary of Military Department.--Continuation
of an officer on active duty under this section pursuant to the action
of a selection board is subject to the approval of the Secretary of the
military department concerned.
``(e) Nonacceptance of Continuation.--An officer who is selected
for continuation on active duty pursuant to this section, but who
declines to continue on active duty, shall be discharged or retired, as
appropriate, in accordance with section 632 of this title.
``(f) Period of Continuation.--
``(1) In general.--An officer continued on active duty pursuant
to this section shall remain on active duty, and serve in the
position to which assigned (or in another position to which
assigned with the approval of the Secretary of the military
department concerned), for a total of not more than three years
after the date of assignment to the position to which first so
assigned.
``(2) Additional continuation.--An officer whose continued
service pursuant to this section would otherwise expire pursuant to
paragraph (1) may be continued on active duty if selected for
continuation on active duty in accordance with this section before
the date of expiration pursuant to that paragraph.
``(g) Effect of Expiration of Continuation.--Each officer continued
on active duty pursuant to this subsection who is not selected for
continuation on active duty pursuant to subsection (f)(2) at the
completion of the officer's term of continued service shall, unless
sooner discharged or retired under another provision of law--
``(1) be discharged upon the expiration of the term of
continued service; or
``(2) if eligible for retirement under another other provision
of law, be retired under that law on the first day of the first
month following the month in which the officer completes the term
of continued service.
``(h) Treatment of Discharge or Retirement.--The discharge or
retirement of an officer pursuant to this section shall be considered
to be an involuntary discharge or retirement for purposes of any other
provision of law.
``Sec. 649i. Continuation on active duty: officers in certain military
specialties and career tracks
``In addition to continuation on active duty provided for in
section 649h of this title, an officer to whom section 637a of this
title applies may be continued on active duty in accordance with the
provisions of such section 637a.
``Sec. 649j. Other administrative authorities
``(a) In General.--The following provisions of this title shall
apply to officers in competitive categories of officers designated for
purposes of this subchapter:
``(1) Section 638b, relating to voluntary retirement
incentives.
``(2) Section 639, relating to continuation on active duty to
complete disciplinary action.
``(3) Section 640, relating to deferment of retirement or
separation for medical reasons.
``Sec. 649k. Regulations
``The Secretary of Defense shall prescribe regulations regarding
the administration of this subchapter. The elements of such regulations
shall include mechanisms to clarify the manner in which provisions of
other subchapters of this chapter shall be used in the administration
of this subchapter in accordance with the provisions of this
subchapter.''.
(2) Clerical amendment.--The table of subchapters at the
beginning of chapter 36 of such title is amended by adding at the
end the following new item:
``VI. Alternative Promotion Authority for Officers in Designated
Competitive Categories...........................................649a''.
(b) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretaries of the military departments,
submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the authorities in subchapter
VI of chapter 36 of title 10, United States Code (as added by
subsection (a)).
(2) Elements.--The report shall include the following:
(A) A detailed analysis and assessment of the manner in
which the exercise of the authorities in subchapter VI of
chapter 36 of title 10, United States Code (as so added), will
effect the career progression of commissioned officers in the
Armed Forces.
(B) A description of the competitive categories of officers
that are anticipated to be designated as competitive categories
of officers for purposes of such authorities.
(C) A plan for implementation of such authorities.
(D) Such recommendations for legislative or administrative
action as the Secretary of Defense considers appropriate to
improve or enhance such authorities.
SEC. 508. ATTENDING PHYSICIAN TO THE CONGRESS.
(a) In General.--Chapter 41 of title 10, United States Code, is
amended by inserting before section 716 the following new section:
``Sec. 715. Attending Physician to the Congress: grade
``A general officer serving as Attending Physician to the Congress,
while so serving, holds the grade of major general. A flag officer
serving as Attending Physician to the Congress, while so serving, holds
the grade of rear admiral (upper half).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting before the item relating to
section 716 the following new item:
``715. Attending Physician to the Congress: grade''.
SEC. 509. MATTERS RELATING TO SATISFACTORY SERVICE IN GRADE FOR
PURPOSES OF RETIREMENT GRADE OF OFFICERS IN HIGHEST GRADE OF
SATISFACTORY SERVICE.
(a) Conditional Determinations of Grade of Satisfactory Service.--
(1) In general.--Subsection (a)(1) of section 1370 of title 10,
United States Code, is amended by adding at the end the following
new sentences: ``When an officer is under investigation for alleged
misconduct at the time of retirement, the Secretary concerned may
conditionally determine the highest grade of satisfactory service
of the officer pending completion of the investigation. Such grade
is subject to resolution under subsection (b)(3).''.
(2) Officers in o-9 and o-10 grades.--Subsection (c) of such
section is amended by adding at the end the following new
paragraph:
``(4) The Secretary of Defense may make a conditional certification
regarding satisfactory service in grade under paragraph (1) with
respect to an officer under that paragraph notwithstanding the fact
that there is pending the disposition of an adverse personnel action
against the officer for alleged misconduct. The retired grade of an
officer following such a conditional certification is subject to
resolution under subsection (b)(3).''.
(3) Reserve officers.--Subsection (d)(1) of such section is
amended by adding at the end the following new sentences: ``When an
officer is under investigation for alleged misconduct at the time
of retirement, the Secretary concerned may conditionally determine
the highest grade of satisfactory service of the officer pending
completion of the investigation. Such grade is subject to
resolution under subsection (b)(3).''.
(b) Codification of Lowered Grade for Retired Officers or Persons
Who Committed Misconduct in a Lower Grade.--
(1) In general.--Subsection (b) of such section is amended--
(A) in the heading, by striking ``Next'';
(B) by inserting ``(1)'' before ``An''; and
(C) by adding at the end the following new paragraphs:
``(2) In the case of an officer or person whom the Secretary
concerned determines committed misconduct in a lower grade, the
Secretary concerned may determine the officer or person has not served
satisfactorily in any grade equal to or higher than that lower grade.
``(3) A determination or certification of the retired grade of an
officer shall be resolved following a conditional determination under
subsection (a)(1) or (d)(1) or conditional certification under
subsection (c)(4), if the investigation of or personnel action against
the officer, as applicable, results in adverse findings. If the retired
grade of an officer is reduced, the retired pay of the officer under
chapter 71 of this title shall be recalculated, and any modification of
the retired pay of the officer shall go into effect on the effective
date of the reduction in retired grade.''.
(2) Conforming amendments.--Such section is amended--
(A) in subsection (a)(1)--
(i) by striking ``higher'' and inserting ``different'';
and
(ii) by striking ``except as provided in paragraph
(2)'' and inserting ``subject to paragraph (2) and
subsection (b)'';
(B) in subsection (c)(1), by striking ``An officer'' and
inserting ``Subject to subsection (b), an officer''; and
(C) in subsection (d)(1)--
(i) by striking ``higher'' each place it appears and
inserting ``different''; and
(ii) by inserting ``, subject to subsection (b),''
before ``shall''.
(c) Finality of Retired Grade Determinations.--Such section is
further amended by adding at the end the following new subsection:
``(f) Finality of Retired Grade Determinations.--(1) Except as
otherwise provided by law, a determination or certification of the
retired grade of an officer pursuant to this section is
administratively final on the day the officer is retired, and may not
be reopened.
``(2) A determination or certification of the retired grade of an
officer may be reopened as follows:
``(A) If the retirement or retired grade of the officer was
procured by fraud.
``(B) If substantial evidence comes to light after the
retirement that could have led to a lower retired grade under this
section if known by competent authority at the time of retirement.
``(C) If a mistake of law or calculation was made in the
determination of the retired grade.
``(D) In the case of a retired grade following a conditional
determination under subsection (a)(1) or (d)(1) or conditional
certification under subsection (c)(4), if the investigation of or
personnel action against the officer, as applicable, results in
adverse findings.
``(E) If the Secretary concerned determines, pursuant to
regulations prescribed by the Secretary of Defense, that good cause
exists to reopen the determination or certification.
``(3) If a determination or certification of the retired grade of
an officer is reopened, the Secretary concerned--
``(A) shall notify the officer of the reopening; and
``(B) may not make an adverse determination on the retired
grade of the officer until the officer has had a reasonable
opportunity to respond regarding the basis of the reopening.
``(4) If a certification of the retired grade of an officer covered
by subsection (c) is reopened, the Secretary concerned shall also
notify the President and Congress of the reopening.
``(5) If the retired grade of an officer is reduced through the
reopening of the officer's retired grade, the retired pay of the
officer under chapter 71 of this title shall be recalculated, and any
modification of the retired pay of the officer shall go into effect on
the effective date of the reduction of the officer's retired grade.''.
SEC. 510. GRADES OF CHIEFS OF CHAPLAINS.
(a) Army.--Section 3073 of title 10, United States Code, is
amended--
(1) by inserting ``(a)'' before ``There''; and
(2) by adding at the end the following new subsection:
``(b) The Chief of Chaplains, while so serving, holds the grade of
major general.''.
(b) Navy.--Section 5142 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(e) The Chief of Chaplains, while so serving, holds the grade of
rear admiral (upper half).''.
(c) Air Force.--Section 8039 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) Grade of Chief of Chaplains.--The Chief of Chaplains, while
so serving, holds the grade of major general.''.
SEC. 511. REPEAL OF ORIGINAL APPOINTMENT QUALIFICATION REQUIREMENT
FOR WARRANT OFFICERS IN THE REGULAR ARMY.
(a) In General.--Section 3310 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 335 of such title is amended by striking the item relating to
section 3310.
SEC. 512. REDUCTION IN NUMBER OF YEARS OF ACTIVE NAVAL SERVICE
REQUIRED FOR PERMANENT APPOINTMENT AS A LIMITED DUTY OFFICER.
Section 5589(d) of title 10, United States Code, is amended by
striking ``10 years'' and inserting ``8 years''.
SEC. 513. AUTHORITY TO DESIGNATE CERTAIN RESERVE OFFICERS AS NOT TO
BE CONSIDERED FOR SELECTION FOR PROMOTION.
Section 14301 of title 10, United States Code, as amended by
section 505, is further amended by adding at the end the following new
subsection:
``(k) Certain Officers Not to Be Considered for Selection for
Promotion.--The Secretary of the military department concerned may
provide that an officer who is in an active status, but is in a duty
status in which the only points the officer accrues under section
12732(a)(2) of this title are pursuant to subparagraph (C)(i) of that
section (relating to membership in a reserve component), shall not be
considered for selection for promotion until completion of two years of
service in such duty status. Any such officer may remain on the reserve
active-status list.''.
SEC. 514. GAO REVIEW OF SURFACE WARFARE CAREER PATHS.
(a) GAO Review.--The Comptroller General of the United States shall
conduct a review of Navy surface warfare career paths.
(b) Elements.--The review under subsection (a) shall include the
following:
(1) A description of current and previous career paths for
officers in the regular and reserve components of the Navy that are
related to surface warfare, including career paths for--
(A) unrestricted line officers;
(B) limited duty officers;
(C) engineering duty officers; and
(D) warrant officers.
(2) Any prior study that examined career paths described in
paragraph (1).
(3) The current and historical personnel levels (fit/fill
rates) and deployment tempos aboard naval vessels for each of the
career paths described in paragraph (1).
(4) A comparison of the career paths of surface warfare
officers with the career paths of surface warfare officers of
foreign navies including--
(A) initial training;
(B) follow-on training;
(C) career milestones;
(D) qualification standards; and
(E) watch standing requirements.
(5) Any other matter the Comptroller General determines
appropriate.
(c) Deadlines.--Not later than March 1, 2019, the Comptroller
General shall brief the congressional defense committees on the
preliminary findings of the study under this section. The Comptroller
General shall submit a final report to the congressional defense
committees as soon as practicable after such briefing.
Subtitle B--Reserve Component Management
SEC. 515. AUTHORIZED STRENGTH AND DISTRIBUTION IN GRADE.
(a) Strength and Grade Authorizations.--Section 12011(a) of title
10, United States Code is amended by striking those parts of the table
pertaining to the Air National Guard and inserting the following:
``Air National Guard:
Lieutenant
Major Colonel Colonel
10,000........................ 763 745 333
12,000........................ 915 923 377
14,000........................ 1,065 1,057 402
16,000........................ 1,211 1,185 426
18,000........................ 1,347 1,313 450
20,000........................ 1,463 1,440 468
22,000........................ 1,606 1,569 494
24,000........................ 1,739 1,697 517
26,000........................ 1,872 1,825 539
28,000........................ 2,005 1,954 562
30,000........................ 2,138 2,082 585
32,000........................ 2,271 2,210 608
34,000........................ 2,404 2,338 630
36,000........................ 2,537 2,466 653
38,000........................ 2,670 2,595 676
40,000........................ 2,803 2,723 698''.
(b) Strength and Grade Authorizations.--Section 12012(a) of title
10, United States Code is amended by striking those parts of the table
pertaining to the Air National Guard and inserting the following:
``Air National Guard:
E-8 E-9
10,000............................ 1,350 550
12,000............................ 1,466 594
14,000............................ 1,582 636
16,000............................ 1,698 676
18,000............................ 1,814 714
20,000............................ 1,930 752
22,000............................ 2,046 790
24,000............................ 2,162 828
26,000............................ 2,278 866
28,000............................ 2,394 904
30,000............................ 2,510 942
32,000............................ 2,626 980
34,000............................ 2,742 1,018
36,000............................ 2,858 1,056
38,000............................ 2,974 1,094
40,000............................ 3,090 1,132''.
SEC. 516. REPEAL OF PROHIBITION ON SERVICE ON ARMY RESERVE FORCES
POLICY COMMITTEE BY MEMBERS ON ACTIVE DUTY.
Section 10302 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``not on active duty'' each
place it appears; and
(2) in subsection (c)--
(A) by inserting ``of the reserve components'' after
``among the members''; and
(B) by striking ``not on active duty''.
SEC. 517. EXPANSION OF PERSONNEL SUBJECT TO AUTHORITY OF THE CHIEF
OF THE NATIONAL GUARD BUREAU IN THE EXECUTION OF FUNCTIONS AND
MISSIONS OF THE NATIONAL GUARD BUREAU.
Section 10508(b)(1) of title 10, United States Code, is amended by
striking ``sections 2103,'' and all that follows through ``of title
32,'' and inserting ``sections 2102, 2103, 2105, and 3101 of title 5,
subchapter IV of chapter 53 of title 5, or section 328 of title 32,''.
SEC. 518. AUTHORITY TO ADJUST EFFECTIVE DATE OF PROMOTION IN THE
EVENT OF UNDUE DELAY IN EXTENDING FEDERAL RECOGNITION OF
PROMOTION.
(a) In General.--Section 14308(f) of title 10, United States Code,
is amended--
(1) by inserting ``(1)'' before ``The effective date of
promotion''; and
(2) by adding at the end the following new paragraph:
``(2) If the Secretary concerned determines that there was an undue
delay in extending Federal recognition in the next higher grade in the
Army National Guard or the Air National Guard to a reserve commissioned
officer of the Army or the Air Force, and the delay was not
attributable to the action (or inaction) of such officer, the effective
date of the promotion concerned under paragraph (1) may be adjusted to
a date determined by the Secretary concerned, but not earlier than the
effective date of the State promotion.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to promotions of officers whose State effective date is on
or after that date.
SEC. 519. NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
Section 509(h) of title 32, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Equipment and facilities of the Department of Defense may be
used by the National Guard for purposes of carrying out the Program.''.
SEC. 520. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON USE OF
RETIRED SENIOR ENLISTED MEMBERS OF THE ARMY NATIONAL GUARD AS
ARMY NATIONAL GUARD RECRUITERS.
Section 514 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91) is amended--
(1) in subsection (d), by striking ``2020'' and inserting
``2021''; and
(2) in subsection (f), by striking ``2019'' and inserting
``2020''.
Subtitle C--General Service Authorities and Correction of Military
Records
SEC. 521. ENLISTMENTS VITAL TO THE NATIONAL INTEREST.
(a) In General.--Section 504(b) of title 10, United States Code, is
amended--
(1) in paragraph (2)--
(A) by inserting ``and subject to paragraph (3),'' after
``Notwithstanding paragraph (1),'';
(B) by striking ``enlistment is vital to the national
interest.'' and inserting ``person possesses a critical skill
or expertise--''; and
(C) by adding at the end the following new subparagraphs:
``(A) that is vital to the national interest; and
``(B) that the person will use in the primary daily duties of
that person as a member of the armed forces.''; and
(2) by adding at the end the following new paragraph (3):
``(3)(A) No person who enlists under paragraph (2) may report to
initial training until after the Secretary concerned has completed all
required background investigations and security and suitability
screening as determined by the Secretary of Defense regarding that
person.
``(B) A Secretary concerned may not authorize more than 1,000
enlistments under paragraph (2) per military department in a calendar
year until after--
``(i) the Secretary of Defense submits to Congress written
notice of the intent of that Secretary concerned to authorize more
than 1,000 such enlistments in a calendar year; and
``(ii) a period of 30 days has elapsed after the date on which
Congress receives the notice.''.
(b) Report.--
(1) In general.--Not later than December 31, 2019, and annually
thereafter for each of the subsequent four years, the Secretary
concerned shall submit a report to the Committees on Armed Services
and the Judiciary of the Senate and the House of Representatives
regarding persons who enter into enlistment contracts under section
504(b)(2) of title 10, United States Code, as amended by subsection
(a).
(2) Elements.--Each report under this subsection shall include
the following:
(A) The number of such persons who have entered into such
contracts during the preceding calendar year.
(B) How many such persons have successfully completed
background investigations and vetting procedures.
(C) How many such persons have begun initial training.
(D) The skills that are vital to the national interest that
such persons possess.
SEC. 522. STATEMENT OF BENEFITS.
(a) In General.--Chapter 58 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1155. Statement of benefits
``(a) Before Separation.--Not later than 30 days before a member
retires, is released, is discharged, or otherwise separates from the
armed forces (or as soon as is practicable in the case of an
unanticipated separation), the Secretary concerned shall provide that
member with a current assessment of all benefits to which that member
may be entitled under laws administered by--
``(1) the Secretary of Defense; and
``(2) the Secretary of Veterans Affairs.
``(b) Statement for Reserves.--The Secretary concerned shall
provide a member of a reserve component with a current assessment of
benefits described in subsection (a) upon release of that member from
active duty.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1154 the following new item:
``1155. Statement of benefits.''.
SEC. 523. MODIFICATION TO FORMS OF SUPPORT THAT MAY BE ACCEPTED IN
SUPPORT OF THE MISSION OF THE DEFENSE POW/MIA ACCOUNTING AGENCY.
(a) Public-Private Partnerships.--Subsection (a) of section 1501a
of title 10, United States Code, is amended by adding at the end the
following new sentence: ``An employee of an entity outside the
Government that has entered into a public-private partnership,
cooperative agreement, or a grant arrangement with, or in direct
support of, the designated Defense Agency under this section shall be
considered to be an employee of the Federal Government by reason of
participation in such partnership, cooperative agreement, or grant,
only for the purposes of section 552a of title 5 (relating to
maintenance of records on individuals).''.
(b) Authority to Accept Gifts in Support of Mission to Account for
Missing Persons From Past Conflicts.--Such section is further amended--
(1) by redesignating subsections (e) and (f) as subsections (f)
and (g), respectively;
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Acceptance of Gifts.--
``(1) Authority to accept.--Subject to subsection (f)(2), the
Secretary may accept, hold, administer, spend, and use any gift of
personal property, money, or services made on the condition that
the gift be used for the purpose of facilitating accounting for
missing persons pursuant to section 1501(a)(2)(C) of this title.
``(2) Gift funds.--Gifts and bequests of money accepted under
this subsection shall be deposited in the Treasury in the
Department of Defense General Gift Fund.
``(3) Use of gifts.--Personal property and money accepted under
this subsection may be used by the Secretary, and services accepted
under this subsection may be performed, without further specific
authorization in law.
``(4) Expenses of transfer.--The Secretary may pay all
necessary expenses in connection with the conveyance or transfer of
a gift accepted under this subsection.
``(5) Expenses of care.--The Secretary may pay all reasonable
and necessary expenses in connection with the care of a gift
accepted under this subsection.''; and
(3) by adding at the end of subsection (g), as redesignated by
paragraph (1) of this subsection, the following new paragraph:
``(3) Gift.--The term `gift' includes a devise or bequest.''.
(c) Conforming Amendment.--Subsection (a) of such section is
further amended by striking ``subsection (e)(1)'' and inserting
``subsection (f)(1)''.
SEC. 524. ASSESSMENT OF NAVY STANDARD WORKWEEK AND RELATED
ADJUSTMENTS.
(a) Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy shall--
(1) complete a comprehensive assessment of the standard
workweek of the Navy;
(2) carry out the activities required under subsections (b) and
(c).
(b) Adjustments.--The Secretary of the Navy shall--
(1) update instruction 1000.16L of the Office of the Chief of
Naval Operations titled ``Navy Total Force Manpower Policies and
Procedures'' in order to--
(A) analyze and quantify current in-port workloads; and
(B) based on the analysis carried out pursuant to
subparagraph (A), identify the manpower necessary to execute
in-port workloads for all surface ship classes;
(2) update the criteria set forth in the instruction that are
used to reassess the factors for calculating manpower requirements
periodically or when conditions change; and
(3) taking into account the updates required by paragraphs (1)
and (2), identify personnel needs and costs associated with the
planned larger size of the Navy fleet.
(c) Added Demands.--The Secretary of the Navy shall identify and
quantify any increased or new requirements with respect to Navy ship
crews, including Ready, Relevant Learning training periods and
additional work that affects readiness and technical qualifications for
Navy ship crews.
SEC. 525. NOTIFICATION ON MANNING OF AFLOAT NAVAL FORCES.
(a) In General.--The Secretary of the Navy shall notify the
congressional defense committees, in writing, not later than 15 days
after any of the following conditions are met:
(1) The manning fit for a covered ship is less than 87 percent.
(2) The manning fill for a covered ship is less than 90
percent.
(b) Notification Required.--The notification required by subsection
(a) shall include, with respect to a covered ship, the following:
(1) The name and hull number of the ship.
(2) The homeport location of the ship.
(3) The current manning fit and fill of the ship.
(4) The lowest levels of manning fit and fill projected for the
ship and the date on which such levels are expected to occur.
(5) The projected date on which the Navy will achieve a manning
fit and fill at least 87 percent and 90 percent, respectively, for
the ship.
(6) The projected date on which the Navy will achieve a manning
fit and fill of at least 92 percent and 95 percent, respectively,
for the ship.
(7) A description of any reasons the Navy will not achieve
manning fit and fill of at least 87 percent and 90 percent,
respectively, for the ship, including a detailed description of the
specific ratings or skillset areas that must be manned to achieve
those percentages.
(8) A description of corrective actions the Navy is taking to
improve manning fit or manning fill on the ship.
(c) Special Rule.--For purposes of determining whether a percentage
of manning fit or manning fill has been achieved, a sailor in a more
senior paygrade may count as filling the billet of a more junior
paygrade, but a sailor in a more junior paygrade may not count as
filling the billet of a more senior paygrade.
(d) Definitions.--In this section:
(1) Manning fit.--The term ``manning fit'' means the skills
(rating), specialty skills (Navy Enlisted Classifications), and
experience (paygrade) for the ship as compared with the billets
authorized for such skills and experience.
(2) Manning fill.--The term ``manning fill'', in the case of a
ship, means the total number of military personnel assigned to the
ship by rating when compared with the billets authorized for the
ship by rating.
(3) Covered ship.--The term ``covered ship'' means a
commissioned battle force ship that is included in the battle force
count of the Naval Vessel Register.
SEC. 526. NAVY WATCHSTANDER RECORDS.
(a) In General.--The Secretary of the Navy shall require that,
commencing not later than 180 days after the date of the enactment of
this Act, key watchstanders on Navy surface ships shall maintain a
career record of watchstanding hours and specific operational
evolutions.
(b) Key Watchstander Defined.--In this section, the term ``key
watchstander'' means each of the following:
(1) Officer of the Deck.
(2) Engineering Officer of the Watch.
(3) Conning Officer or Piloting Officer.
(4) Any other officer specified by the Secretary for purposes
of this section.
(c) Briefings of Congress.--
(1) Initial briefing.--Not later than 150 days after the date
of the enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the plan of the Secretary for the
maintenance of watchstander records, including updates to policy
documents.
(2) Update briefings.--Not later than one year after the
briefing pursuant to paragraph (1), and annually thereafter for the
next two years, the Secretary shall provide to the committees of
Congress referred to in that paragraph an update briefing on the
status of the implementation of the plan described in that
paragraph.
SEC. 527. QUALIFICATION EXPERIENCE REQUIREMENTS FOR CERTAIN NAVY
WATCHSTATIONS.
(a) In General.--Not later than 180 days after the date the of
enactment of this Act, 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 adequacy of individual training for
certain watchstations, including any planned or recommended changes in
qualification standards for such watchstations.
(b) Watchstations.--The watchstations covered by the report
required by subsection (a) are the following:
(1) Officer of the Deck.
(2) Combat Information Center Watch Officer.
(3) Tactical Action Officer.
(4) Engineering Officer of the Watch.
(5) Conning Officer or Piloting Officer.
Subtitle D--Military Justice
SEC. 531. INCLUSION OF STRANGULATION AND SUFFOCATION IN CONDUCT
CONSTITUTING AGGRAVATED ASSAULT FOR PURPOSES OF THE UNIFORM CODE
OF MILITARY JUSTICE.
(a) In General.--Subsection (b) of section 928 of title 10, United
States Code (article 128 of the Uniform Code of Military Justice), is
amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by adding ``or'' after the semicolon; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) who commits an assault by strangulation or
suffocation;''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2019, immediately after the coming into
effect of the amendment made by section 5441 of the Military Justice
Act of 2016 (division E of Public Law 114-328; 130 Stat. 2954) as
provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801
note).
SEC. 532. PUNITIVE ARTICLE ON DOMESTIC VIOLENCE UNDER THE UNIFORM
CODE OF MILITARY JUSTICE.
(a) Punitive Article.--
(1) In general.--Subchapter X of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended by
inserting after section 928a (article 128a) the following new
section (article):
``Sec. 928b. Art. 128b.
``Any person who--
``(1) commits a violent offense against a spouse, an intimate
partner, or an immediate family member of that person;
``(2) with intent to threaten or intimidate a spouse, an
intimate partner, or an immediate family member of that person--
``(A) commits an offense under this chapter against any
person; or
``(B) commits an offense under this chapter against any
property, including an animal;
``(3) with intent to threaten or intimidate a spouse, an
intimate partner, or an immediate family member of that person,
violates a protection order;
``(4) with intent to commit a violent offense against a spouse,
an intimate partner, or an immediate family member of that person,
violates a protection order; or
``(5) assaults a spouse, an intimate partner, or an immediate
family member of that person by strangling or suffocating;
shall be punished as a court-martial may direct.''.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter X of chapter 47 of such title (the Uniform Code of
Military Justice) is amended by inserting after the item relating
to section 928a (article 128a) the following new item:
``928b. 128b. Domestic violence.''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2019, immediately after the coming into effect of
the amendments made by the Military Justice Act of 2016 (division E of
Public Law 114-328) as provided in section 5542 of that Act (130 Stat.
2967; 10 U.S.C. 801 note).
SEC. 533. AUTHORITIES OF DEFENSE ADVISORY COMMITTEE ON
INVESTIGATION, PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT IN THE
ARMED FORCES.
Section 546 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561
note) 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) Authorities.--
``(1) Hearings.--The Advisory Committee may hold such hearings,
sit and act at such times and places, take such testimony, and
receive such evidence as the committee considers appropriate to
carry out its duties under this section.
``(2) Information from federal agencies.--Upon request by the
chair of the Advisory Committee, a department or agency of the
Federal Government shall provide information that the Advisory
Committee considers necessary to carry out its duties under this
section. In carrying out this paragraph, the department or agency
shall take steps to prevent the unauthorized disclosure of
personally identifiable information.''.
SEC. 534. REPORT ON FEASIBILITY OF EXPANDING SERVICES OF THE
SPECIAL VICTIMS' COUNSEL TO VICTIMS OF DOMESTIC VIOLENCE.
(a) Report Required.--Not later than February 1, 2019, the
Secretary of Defense, in consultation with the Secretaries of the
military departments, shall submit a report to the Committees on Armed
Services of the Senate and House of Representatives regarding the
feasibility and advisability of expanding eligibility for the Special
Victims' Counsel programs under section 1044e of title 10, United
States Code (hereinafter referred to as ``the SVC programs''), to
include victims of domestic violence.
(b) Elements.--The report under this section shall include the
following:
(1) The current workload of the SVC programs.
(2) An analysis of the current personnel authorizations for the
SVC programs.
(3) The optimal personnel levels for the SVC programs.
(4) An analysis of the effects that the expansion described in
subsection (a) would have on the SVC programs, including--
(A) the estimated increase in workload;
(B) the estimated number of additional personnel that would
be required to accommodate such increase; and
(C) the ability of the military departments to fill any
additionally authorized billets for SVC programs with qualified
judge advocates who possess military justice experience.
SEC. 535. UNIFORM COMMAND ACTION FORM ON DISPOSITION OF
UNRESTRICTED SEXUAL ASSAULT CASES INVOLVING MEMBERS OF THE ARMED
FORCES.
The Secretary of Defense shall establish a uniform command action
form, applicable across the Armed Forces, for reporting the final
disposition of cases of sexual assault in which--
(1) the alleged offender is a member of the Armed Forces; and
(2) the victim files an unrestricted report on the alleged
assault.
SEC. 536. STANDARDIZATION OF POLICIES RELATED TO EXPEDITED TRANSFER
IN CASES OF SEXUAL ASSAULT OR DOMESTIC VIOLENCE.
(a) Policies for Members.--The Secretary of Defense shall modify,
in accordance with section 673 of title 10, United States Code, all
policies that the Secretary determines necessary to establish a
standardized expedited transfer process for a member of the Army, Navy,
Air Force, or Marine Corps who is the alleged victim of--
(1) sexual assault (regardless of whether the case is handled
under the Sexual Assault Prevention and Response Program or Family
Advocacy Program); or
(2) physical domestic violence (as defined by the Secretary in
regulations prescribed under this section) committed by the spouse
or intimate partner of the member, regardless of whether the spouse
or intimate partner is a member of the Armed Forces.
(b) Policy for Dependents of Members.--The Secretary of Defense
shall establish a policy to allow the transfer of a member of the Army,
Navy, Air Force, or Marine Corps whose dependent is the victim of
sexual assault perpetrated by a member of the Armed Forces who is not
related to the victim.
Subtitle E--Other Legal Matters
SEC. 541. CLARIFICATION OF EXPIRATION OF TERM OF APPELLATE MILITARY
JUDGES OF THE UNITED STATES COURT OF MILITARY COMMISSION REVIEW.
(a) In General.--Section 950f(b) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(6) The term of an appellate military judge assigned to the Court
under paragraph (2) or appointed to the Court under paragraph (3) shall
expire on the earlier of the date on which--
``(A) the judge leaves active duty; or
``(B) the judge is reassigned to other duties in accordance
with section 949b(b)(4) of this title.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to each judge of the United States Court of Military Commission
Review serving on that court on the date of the enactment of this Act
and each judge assigned or appointed to that court on or after such
date.
SEC. 542. SECURITY CLEARANCE REINVESTIGATION OF CERTAIN PERSONNEL
WHO COMMIT CERTAIN OFFENSES.
Section 1564 of title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsection (d), (e), (f), and (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Reinvestigation or Readjudication of Certain Individuals.--
(1) The Secretary of Defense shall conduct an investigation or
adjudication under subsection (a) of any individual described in
paragraph (2) upon--
``(A) conviction of that individual by a court of competent
jurisdiction for--
``(i) sexual assault;
``(ii) sexual harassment;
``(iii) fraud against the United States; or
``(iv) any other violation that the Secretary determines
renders that individual susceptible to blackmail or raises
serious concern regarding the ability of that individual to
hold a security clearance; or
``(B) determination by a commanding officer that that
individual has committed an offense described in subparagraph (A).
``(2) An individual described in this paragraph in an individual
who has a security clearance and is--
``(A) a flag officer;
``(B) a general officer; or
``(C) an employee of the Department of Defense in the Senior
Executive Service.
``(3) The Secretary shall ensure that relevant information on the
conviction or determination described in paragraph (1) of an individual
described in paragraph (2) during the preceding year, regardless of
whether the individual has retired or resigned or has been discharged,
released, or otherwise separated from the armed forces, is reported
into Federal law enforcement records and security clearance databases,
and that such information is transmitted, as appropriate, to other
Federal agencies.
``(4) In this subsection:
``(A) The term `sexual assault' includes rape, sexual assault,
forcible sodomy, aggravated sexual contact, abusive sexual contact,
and attempts to commit such offenses, as those terms are defined in
chapter 47 of this title (the Uniform Code of Military Justice).
``(B) The term `sexual harassment' has the meaning given that
term in section 1561 of this title.
``(C) The term `fraud against the United States' means a
violation of section 932 of this title (article 132 of the Uniform
Code of Military Justice).''.
SEC. 543. DEVELOPMENT OF OVERSIGHT PLAN FOR IMPLEMENTATION OF
DEPARTMENT OF DEFENSE HARASSMENT PREVENTION AND RESPONSE POLICY.
(a) Development.--The Secretary of Defense shall develop a plan for
overseeing the implementation of the instruction titled ``Harassment
Prevention and Response in the Armed Forces'', published on February 8,
2018 (DODI-1020.03).
(b) Elements.--The plan under subsection (a) shall require the
military services and other components of the Department of Defense to
take steps by certain dates to implement harassment prevention and
response programs under such instruction, including no less than the
following:
(1) Submitting implementation plans to the Director, Force
Resiliency.
(2) Incorporating performance measures that assess the
effectiveness of harassment prevention and response programs.
(3) Adopting compliance standards for promoting, supporting,
and enforcing policies, plans, and programs.
(4) Tracking, collecting, and reporting data and information on
sexual harassment incidents based on standards established by the
Secretary.
(5) Instituting anonymous complaint mechanisms.
(c) Report.--Not later than July 1, 2019, the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the oversight plan developed under this
section. The report shall include, for each military service and
component of the Department of Defense, the implementation status of
each element of the oversight plan.
SEC. 544. OVERSIGHT OF REGISTERED SEX OFFENDER MANAGEMENT PROGRAM.
(a) Designation of Official or Entity.--The Secretary of Defense
shall designate a single official or existing entity within the Office
of the Secretary of Defense to serve as the official or entity (as the
case may be) with principal responsibility in the Department of Defense
for providing oversight of the registered sex offender management
program of the Department.
(b) Duties.--The official or entity designated under subsection (a)
shall--
(1) monitor compliance with Department of Defense Instruction
5525.20 and other relevant polices;
(2) compile data on members serving in the military departments
who have been convicted of a qualifying sex offense, including data
on the sex offender registration status of each such member;
(3) maintain statistics on the total number of active duty
service members in each military department who are required to
register as sex offenders; and
(4) perform such other duties as the Secretary of Defense
determines to be appropriate.
(c) Briefing Required.--Not later than June 1, 2019, the Secretary
of Defense shall provide to the Committee on Armed Services of the
House of Representatives a briefing on--
(1) the compliance of the military departments with the
policies of the Department of Defense relating to registered sex
offenders;
(2) the results of the data compilation described in subsection
(b)(2); and
(3) any other matters the Secretary determines to be
appropriate.
(d) Military Departments Defined.--In this section, the term
``military departments'' has the meaning given that term in section
101(a)(8) of title 10, United States Code.
SEC. 545. DEVELOPMENT OF RESOURCE GUIDES REGARDING SEXUAL ASSAULT
FOR THE MILITARY SERVICE ACADEMIES.
(a) Development.--Not later than 30 days after the date of the
enactment of this Act, each Superintendent of a military service
academy shall develop and maintain a resource guide for students at the
respective military service academies regarding sexual assault.
(b) Elements.--Each guide developed under this section shall
include the following information with regards to the relevant military
service academy:
(1) Process overview and definitions.--
(A) An explanation of prohibited conduct, including
examples.
(B) An explanation of consent.
(C) Victims' rights.
(D) Clearly described complaint process, including to whom
a complaint may be filed.
(E) Explanations of restricted and unrestricted reporting.
(F) List of mandatory reporters.
(G) Protections from retaliation.
(H) Assurance that leadership will take appropriate
corrective action.
(I) References to specific policies.
(J) Resources for survivors.
(2) Emergency services.--
(A) Contact information.
(B) Location.
(3) Support and counseling.--Contact information for the
following support and counseling resources:
(A) The Sexual Assault Prevention and Response Victim
Advocate or other equivalent advocate or counselor available to
students in cases of sexual assault.
(B) The Sexual Harassment/Assault Response and Prevention
Resource Program Center.
(C) Peer counseling.
(D) Medical care.
(E) Legal counsel.
(F) Hotlines.
(G) Chaplain or other spiritual representatives.
(c) Distribution.--Each Superintendent shall provide the current
guide developed by that Superintendent under this section--
(1) not later than 30 days after completing development under
subsection (a) to each student who is enrolled at the military
service academy of that Superintendent on the date of the enactment
of this Act;
(2) at the beginning of each academic year after the date of
the enactment of this Act to each student who enrolls at the
military service academy of that Superintendent; and
(3) as soon as practicable to a student at the military service
academy of that Superintendent who reports that such student is a
victim of sexual assault.
SEC. 546. IMPROVED CRIME REPORTING.
(a) Tracking Process.--The Secretary of Defense, in consultation
with the secretaries of the military departments, shall establish a
consolidated tracking process for the Department of Defense to ensure
increased oversight of the timely submission of crime reporting data to
the Federal Bureau of Investigation under section 922(g) of title 18,
United States Code, and Department of Defense Instruction 5505.11,
``Fingerprint Card and Final Disposition Report Submission
Requirements''. The tracking process shall, to the maximum extent
possible, standardize and automate reporting and increase the ability
of the Department to track such submissions.
(b) Letter Required.--Not later than July 1, 2019, the Secretary of
Defense shall submit a letter to the Committees on Armed Services of
the Senate and House of Representatives that details the tracking
process under subsection (a).
SEC. 547. REPORT ON VICTIMS OF SEXUAL ASSAULT IN REPORTS OF
MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS.
(a) Report.--Not later than September 30, 2019, and not less
frequently than once every two years thereafter, the Secretary of
Defense, acting through the Defense Advisory Committee on
Investigation, Prosecution, and Defense of Sexual Assault in the Armed
Forces shall submit to the congressional defense committees a report
that includes, with respect to the period of two years preceding the
date of the submittal of the report, the following:
(1) The number of instances in which a covered individual was
accused of misconduct or crimes considered collateral to the
investigation of a sexual assault committed against the individual.
(2) The number of instances in which adverse action was taken
against a covered individual who was accused of collateral
misconduct or crimes as described in paragraph (1).
(3) The percentage of investigations of sexual assaults that
involved an accusation or adverse action against a covered
individual as described in paragraphs (1) and (2).
(b) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who is identified as a
victim of a sexual assault in the case files of a military criminal
investigative organization.
Subtitle F--Member Education, Training, Resilience, and Transition
SEC. 551. PERMANENT CAREER INTERMISSION PROGRAM.
(a) Codification and Permanent Authority.--Chapter 40 of title 10,
United States Code, is amended by adding at the end the following new
section 710:
``Sec. 710. Career flexibility to enhance retention of members
``(a) Programs Authorized.--Each Secretary of a military department
may carry out programs under which members of the regular components
and members on Active Guard and Reserve duty of the armed forces under
the jurisdiction of such Secretary may be inactivated from active
service in order to meet personal or professional needs and returned to
active service at the end of such period of inactivation from active
service.
``(b) Period of Inactivation From Active Service; Effect of
Inactivation.--(1) The period of inactivation from active service under
a program under this section of a member participating in the program
shall be such period as the Secretary of the military department
concerned shall specify in the agreement of the member under subsection
(c), except that such period may not exceed three years.
``(2) Any service by a Reserve officer while participating in a
program under this section shall be excluded from computation of the
total years of service of that officer pursuant to section 14706(a) of
this title.
``(3) Any period of participation of a member in a program under
this section shall not count toward--
``(A) eligibility for retirement or transfer to the Ready
Reserve under either chapter 571 or 1223 of this title; or
``(B) computation of retired or retainer pay under chapter 71
or 1223 of this title.
``(c) Agreement.--Each member of the armed forces who participates
in a program under this section shall enter into a written agreement
with the Secretary of the military department concerned under which
agreement that member shall agree as follows:
``(1) To accept an appointment or enlist, as applicable, and
serve in the Ready Reserve of the armed force concerned during the
period of the inactivation of the member from active service under
the program.
``(2) To undergo during the period of the inactivation of the
member from active service under the program such inactive service
training as the Secretary concerned shall require in order to
ensure that the member retains proficiency, at a level determined
by the Secretary concerned to be sufficient, in the military
skills, professional qualifications, and physical readiness of the
member during the inactivation of the member from active service.
``(3) Following completion of the period of the inactivation of
the member from active service under the program, to serve two
months as a member of the armed forces on active service for each
month of the period of the inactivation of the member from active
service under the program.
``(d) Conditions of Release.--The Secretary of Defense shall
prescribe regulations specifying the guidelines regarding the
conditions of release that must be considered and addressed in the
agreement required by subsection (c). At a minimum, the Secretary shall
prescribe the procedures and standards to be used to instruct a member
on the obligations to be assumed by the member under paragraph (2) of
such subsection while the member is released from active service.
``(e) Order to Active Service.--Under regulations prescribed by the
Secretary of the military department concerned, a member of the armed
forces participating in a program under this section may, in the
discretion of such Secretary, be required to terminate participation in
the program and be ordered to active service.
``(f) Pay and Allowances.--(1) During each month of participation
in a program under this section, a member who participates in the
program shall be paid basic pay in an amount equal to two-thirtieths of
the amount of monthly basic pay to which the member would otherwise be
entitled under section 204 of title 37 as a member of the uniformed
services on active service in the grade and years of service of the
member when the member commences participation in the program.
``(2)(A) A member who participates in a program shall not, while
participating in the program, be paid any special or incentive pay or
bonus to which the member is otherwise entitled under an agreement
under chapter 5 of title 37 that is in force when the member commences
participation in the program.
``(B) The inactivation from active service of a member
participating in a program shall not be treated as a failure of the
member to perform any period of service required of the member in
connection with an agreement for a special or incentive pay or bonus
under chapter 5 of title 37 that is in force when the member commences
participation in the program.
``(3)(A) Subject to subparagraph (B), upon the return of a member
to active service after completion by the member of participation in a
program--
``(i) any agreement entered into by the member under chapter 5
of title 37 for the payment of a special or incentive pay or bonus
that was in force when the member commenced participation in the
program shall be revived, with the term of such agreement after
revival being the period of the agreement remaining to run when the
member commenced participation in the program; and
``(ii) any special or incentive pay or bonus shall be payable
to the member in accordance with the terms of the agreement
concerned for the term specified in clause (i).
``(B)(i) Subparagraph (A) shall not apply to any special or
incentive pay or bonus otherwise covered by that subparagraph with
respect to a member if, at the time of the return of the member to
active service as described in that subparagraph--
``(I) such pay or bonus is no longer authorized by law; or
``(II) the member does not satisfy eligibility criteria for
such pay or bonus as in effect at the time of the return of the
member to active service.
``(ii) Subparagraph (A) shall cease to apply to any special or
incentive pay or bonus otherwise covered by that subparagraph with
respect to a member if, during the term of the revived agreement of the
member under subparagraph (A)(i), such pay or bonus ceases being
authorized by law.
``(C) A member who is ineligible for payment of a special or
incentive pay or bonus otherwise covered by this paragraph by reason of
subparagraph (B)(i)(II) shall be subject to the requirements for
repayment of such pay or bonus in accordance with the terms of the
applicable agreement of the member under chapter 5 of title 37.
``(D) Any service required of a member under an agreement covered
by this paragraph after the member returns to active service as
described in subparagraph (A) shall be in addition to any service
required of the member under an agreement under subsection (c).
``(4)(A) Subject to subparagraph (B), a member who participates in
a program is entitled, while participating in the program, to the
travel and transportation allowances authorized by section 474 of title
37 for--
``(i) travel performed from the residence of the member, at the
time of release from active service to participate in the program,
to the location in the United States designated by the member as
his residence during the period of participation in the program;
and
``(ii) travel performed to the residence of the member upon
return to active service at the end of the participation of the
member in the program.
``(B) An allowance is payable under this paragraph only with
respect to travel of a member to and from a single residence.
``(5) A member who participates in a program is entitled to carry
forward the leave balance existing as of the day on which the member
begins participation and accumulated in accordance with section 701 of
this title, but not to exceed 60 days.
``(g) Promotion.--(1)(A) An officer participating in a program
under this section shall not, while participating in the program, be
eligible for consideration for promotion under chapter 36 or 1405 of
this title.
``(B) Upon the return of an officer to active service after
completion by the officer of participation in a program--
``(i) the Secretary of the military department concerned shall
adjust the date of rank of the officer in such manner as the
Secretary of Defense shall prescribe in regulations for purposes of
this section; and
``(ii) the officer shall be eligible for consideration for
promotion when officers of the same competitive category, grade,
and seniority are eligible for consideration for promotion.
``(2) An enlisted member participating in a program shall not be
eligible for consideration for promotion during the period that--
``(A) begins on the date of the inactivation of the member from
active service under the program; and
``(B) ends at such time after the return of the member to
active service under the program that the member is treatable as
eligible for promotion by reason of time in grade and such other
requirements as the Secretary of the military department concerned
shall prescribe in regulations for purposes of the program.
``(h) Continued Entitlements.--A member participating in a program
under this section shall, while participating in the program, be
treated as a member of the armed forces on active duty for a period of
more than 30 days for purposes of--
``(1) the entitlement of the member and of the dependents of
the member to medical and dental care under the provisions of
chapter 55 of this title; and
``(2) retirement or separation for physical disability under
the provisions of chapters 55 and 61 of this title.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 709a the following new item:
``710. Career flexibility to enhance retention of members.''.
(2) Conforming repeal.--Section 533 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C.
prec. 701 note) is repealed.
SEC. 552. IMPROVEMENTS TO TRANSITION ASSISTANCE PROGRAM.
(a) Pathways for TAP.--
(1) In general.--Section 1142 of title 10, United States Code,
is amended--
(A) in the section heading by striking ``medical'' and
inserting ``certain'';
(B) in subsection (a)--
(i) in paragraph (1), by inserting ``(regardless of
character of discharge)'' after ``discharge'';
(ii) in paragraph (3)(A)--
(I) by striking ``as soon as possible during the
12-month period preceding'' and inserting ``not later
than 365 days before'';
(II) by striking ``90 days'' and inserting ``365
days''; and
(III) by striking ``discharge or release'' and
inserting ``retirement or other separation''; and
(iii) in paragraph (3)(B)--
(I) by striking ``90'' and inserting ``365''; and
(II) by striking ``90-day'' and inserting ``365-
day'';
(C) by redesignating subsection (c) as subsection (d);
(D) by inserting after subsection (b) the following new
subsection (c):
``(c) Counseling Pathways.--(1) Each Secretary concerned, in
consultation with the Secretaries of Labor and Veterans Affairs, shall
establish at least three pathways for members of the military
department concerned receiving individualized counseling under this
section. The Secretaries shall design the pathways to address the needs
of members, based on the following factors:
``(A) Rank.
``(B) Term of service.
``(C) Gender.
``(D) Whether the member was a member of a regular or
reserve component of an armed force.
``(E) Disability.
``(F) Character of discharge (including expedited discharge
and discharge under conditions other than honorable).
``(G) Health (including mental health).
``(H) Military occupational specialty.
``(I) Whether the member intends, after separation,
retirement, or discharge, to--
``(i) seek employment;
``(ii) enroll in a program of higher education;
``(iii) enroll in a program of vocational training; or
``(iv) become an entrepreneur.
``(J) The educational history of the member.
``(K) The employment history of the member.
``(L) Whether the member has secured--
``(i) employment;
``(ii) enrollment in a program of education; or
``(iii) enrollment in a program of vocational training.
``(M) Other factors the Secretary of Defense and the
Secretary of Homeland Security, in consultation with the
Secretaries of Labor and Veterans Affairs, determine
appropriate.
``(2) Each member described in subsection (a) shall meet in person
or by video conference with a counselor before beginning counseling
under this section to--
``(A) take a self-assessment designed by the Secretary
concerned (in consultation with the Secretaries of Labor and
Veterans Affairs) to ensure that the Secretary concerned places the
member in the appropriate pathway under this subsection;
``(B) receive information from the counselor regarding
reenlistment in the armed forces; and
``(C) receive information from the counselor regarding
resources (including resources regarding military sexual trauma)--
``(i) for members of the armed forces separated, retired,
or discharged;
``(ii) located in the community in which the member will
reside after separation, retirement, or discharge.
``(3) At the meeting under paragraph (2), the member may elect to
have the Secretary concerned (in consultation with the Secretaries of
Labor and Veterans Affairs) provide the contact information of the
member to the resources described in paragraph (2)(B).''; and
(E) by adding at the end the following new subsection:
``(e) Joint Service Transcript.--The Secretary concerned shall
provide a copy of the joint service transcript of a member described in
subsection (a) to--
``(1) that member--
``(A) at the meeting with a counselor under subsection
(c)(2); and
``(B) on the day the member separates, retires, or is
discharged; and
``(2) the Secretary of Veterans Affairs on the day the member
separates, retires, or is discharged.''.
(2) Deadline.--Each Secretary concerned shall carry out
subsection (c) of such section, as amended by paragraph (1), not
later than 1 year after the date of the enactment of this Act.
(3) GAO study.--Not later than 1 year after the Secretaries
concerned carry out subsection (c) of such section, as amended by
paragraph (1), the Comptroller General of the United States shall
submit to Congress a review of the pathways for the Transition
Assistance Program established under such subsection (c).
(b) Contents of TAP.--
(1) In general.--Section 1144 of title 10, United States Code,
is amended--
(A) in subsection (a), by striking ``Such services'' and
inserting ``Subject to subsection (f)(2), such services''; and
(B) by amending subsection (f) to read as follows:
``(f) Program Contents.--(1) The program carried out under this
section shall consist of instruction as follows:
``(A) One day of preseparation training specific to the
armed force concerned, as determined by the Secretary
concerned.
``(B) One day of instruction regarding--
``(i) benefits under laws administered by the Secretary
of Veterans Affairs; and
``(ii) other subjects determined by the Secretary
concerned.
``(C) One day of instruction regarding preparation for
employment.
``(D) Two days of instruction regarding a topic selected by
the member from the following subjects:
``(i) Preparation for employment.
``(ii) Preparation for education.
``(iii) Preparation for vocational training.
``(iv) Preparation for entrepreneurship.
``(v) Other options determined by the Secretary
concerned.
``(2) The Secretary concerned may permit a member to attend
training and instruction under the program established under this
section--
``(A) before the time periods established under section
1142(a)(3) of this title;
``(B) in addition to such training and instruction required
during such time periods.''.
(2) Deadline.--The Transition Assistance Program shall comply
with the requirements of section 1144(f) of title 10, United States
Code, as amended by paragraph (1), not later than 1 year after the
date of the enactment of this Act.
(3) Action plan.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit an
action plan to the congressional defense committees that--
(A) details how the Secretary shall implement the
requirements of section 1144(f) of title 10, United States
Code, as amended by paragraph (1); and
(B) details how the Secretary, in consultation with the
Secretaries of Veterans Affairs and Labor, shall establish
standardized performance metrics to measure Transition
Assistance Program participation and outcome-based objective
benchmarks in order to--
(i) provide feedback to the Departments of Defense,
Veterans Affairs, and Labor;
(ii) improve the curriculum of the Transition
Assistance Program;
(iii) share best practices;
(iv) facilitate effective oversight of the Transition
Assistance Program; and
(v) ensure members obtain sufficient financial literacy
to effectively leverage conferred benefits and
opportunities for employment, education, vocational
training, and entrepreneurship.
(4) Report.--On the date that is 2 years after the date of the
enactment of this Act and annually thereafter for the subsequent 4
years, the Secretary of Defense shall submit to the Committees on
Armed Services and Veterans' Affairs of the Senate and the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives, a report
regarding members of the Armed Forces who have attended Transition
Assistance Program counseling during the preceding year. The report
shall detail the following:
(A) The total number of members who attended Transition
Assistance Program counseling.
(B) The number of members who attended Transition
Assistance Program counseling under paragraph (1) of section
1144(f) of title 10, as amended by paragraph (1).
(C) The number of members who attended Transition
Assistance Program counseling under paragraph (2) of such
section.
(D) The number of members who elected to attend each two-
day instruction under paragraph (1)(D) of such section.
SEC. 553. REPEAL OF PROGRAM ON ENCOURAGEMENT OF POSTSEPARATION
PUBLIC AND COMMUNITY SERVICE.
(a) Repeal.--
(1) In general.--Section 1143a of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 58 of such title is amended by striking the item
relating to section 1143a.
(b) Conforming Amendments.--
(1) Section 1144(b) of title 10, United States Code, is
amended--
(A) by striking paragraph (8); and
(B) by redesignating paragraphs (9), (10), and (11) as
paragraphs (8), (9), and (10), respectively.
(2) Section 1142(b)(4)(C) of such title is amended by striking
``the public and community service jobs program carried out under
section 1143a of this title, and''.
(3) Section 159(c)(2)(D) of the National and Community Service
Act of 1990 (42 U.S.C. 12619(c)(2)(D)) is amended by striking ``and
as employment with a public service or community service
organization for purposes of section 4464 of that Act''.
(4) Section 162(a)(2) of such Act (42 U.S.C. 12622(a)(2)) is
amended by striking ``shall'' and all that follows through
``provide other'' and inserting ``shall provide''.
(5) Subsection (c) of section 4403 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10
U.S.C. 1293 note) is amended to read as follows:
``(c) Inapplicability of Certain Provisions.--During the period
specified in subsection (i)(2), this section does not apply as follows:
``(1) To members of the Coast Guard, notwithstanding section
542(d) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 10 U.S.C. 1293 note).
``(2) To members of the commissioned corps of the National
Oceanic and Atmospheric Administration, notwithstanding section
566(c) of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 10 U.S.C. 1293 note).''.
(c) Conforming Repeal.--
(1) Repeal.--Section 4464 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1143a note)
is repealed.
(2) Applicability.--The repeal made under paragraph (1) shall
apply with respect to an individual who retires from the Armed
Forces on or after the date of the enactment of this Act.
SEC. 554. CLARIFICATION OF APPLICATION AND HONORABLE SERVICE
REQUIREMENTS UNDER THE TROOPS-TO-TEACHERS PROGRAM TO MEMBERS OF
THE RETIRED RESERVE.
(a) In General.--Paragraph (2)(B) of section 1154(d) of title 10,
United States Code, is amended--
(1) by inserting ``(A)(iii),'' after ``(A)(i),'';
(2) by inserting ``transferred to the Retired Reserve, or''
after ``member is retired,''; and
(3) by striking ``separated,'' and inserting ``separated''.
(b) Conforming Amendments.--The second sentence of paragraph (3)(D)
of such section is amended--
(1) by inserting ``, the transfer of the member to the Retired
Reserve,'' after ``retirement of the member''; and
(2) by inserting ``transfer,'' after ``after the retirement,''.
SEC. 555. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY MEMBERS
AT THE JOINT SPECIAL OPERATIONS UNIVERSITY.
Section 1595(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) The Joint Special Operations University.''.
SEC. 556. PROGRAM TO ASSIST MEMBERS OF THE ARMED FORCES IN
OBTAINING PROFESSIONAL CREDENTIALS.
Section 2015(a) of title 10, United States Code, is amended by
striking ``related to military training'' and all that follows through
the period at the end of paragraph (2) and inserting ``that translate
into civilian occupations.''.
SEC. 557. ENHANCEMENT OF AUTHORITIES IN CONNECTION WITH JUNIOR
RESERVE OFFICERS' TRAINING CORPS PROGRAMS.
(a) Flexibility in Authorities for Management of Programs and
Units.--
(1) In general.--Chapter 102 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2035. Flexibility in authorities for management of programs and
units
``(a) Authority To Convert Otherwise Closing Units to National
Defense Cadet Corps Program Units.--If the Secretary of a military
department is notified by a local educational agency of the intent of
the agency to close its Junior Reserve Officers' Training Corps, the
Secretary shall offer the agency the option of converting the unit to a
National Defense Cadet Corps (NDCC) program unit in lieu of closing the
unit.
``(b) Flexibility in Administration of Instructors.--
``(1) In general.--The Secretaries of the military departments
may, without regard to any other provision of this chapter,
undertake initiatives designed to promote flexibility in the hiring
and compensation of instructors for the Junior Reserve Officers'
Training Corps program under the jurisdiction of such Secretaries.
``(2) Elements.--The initiatives undertaken pursuant to this
subsection may provide for one or more of the following:
``(A) Termination of the requirement for a waiver as a
condition of the hiring of well-qualified non-commissioned
officers with a bachelor's degree for senior instructor
positions within the Junior Reserve Officers' Training Corps.
``(B) Specification of a single instructor as the minimum
number of instructors required to found and operate a Junior
Reserve Officers' Training Corps unit.
``(C) Authority for Junior Reserve Officers' Training Corps
instructors to undertake school duties, in addition to Junior
Reserve Officers' Training Corps duties, at small schools.
``(D) Authority for the payment of instructor compensation
for a limited number of Junior Reserve Officers' Training Corps
instructors on a 10-month per year basis rather than a 12-month
per year basis.
``(E) Such other actions as the Secretaries of the military
departments consider appropriate.
``(c) Flexibility in Allocation and Use of Travel Funding.--The
Secretaries of the military departments shall take appropriate actions
to provide so-called regional directors of the Junior Reserve Officers'
Training Corps programs located at remote rural schools enhanced
discretion in the allocation and use of funds for travel in connection
with Junior Reserve Officers' Training Corps activities.
``(d) Standardization of Program Data.--The Secretary of Defense
shall take appropriate actions to standardize the data collected and
maintained on the Junior Reserve Officers' Training Corps programs in
order to facilitate and enhance the collection and analysis of such
data. Such actions shall include a requirement for the use of the
National Center for Education Statistics (NCES) identification code for
each school with a unit under a Junior Reserve Officers' Training Corps
program in order to facilitate identification of such schools and their
units under the Junior Reserve Officers' Training Corps programs.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 102 of such title is amended by adding at the end the
following new item:
``2035. Flexibility in authorities for management of programs and
units.''.
(b) Authority for Additional Units.--The Secretaries of the
military departments may, using amounts authorized to be appropriated
by this Act and available in the funding tables in sections 4301 and
4401 for purposes of the Junior Reserve Officers' Training Corps
programs, establish an aggregate of not more than 100 units under the
Junior Reserve Officers' Training Corps programs in low-income and
rural areas of the United States and areas of the United States
currently underserved by the Junior Reserve Officers' Training Corps
programs.
SEC. 558. EXPANSION OF PERIOD OF AVAILABILITY OF MILITARY ONESOURCE
PROGRAM FOR RETIRED AND DISCHARGED MEMBERS OF THE ARMED FORCES
AND THEIR IMMEDIATE FAMILIES.
(a) In General.--Under regulations prescribed by the Secretary of
Defense, the period of eligibility for the Military OneSource program
of the Department of Defense of an eligible individual retired,
discharged, or otherwise released from the Armed Forces, and for the
eligible immediate family members of such an individual, shall be the
one-year period beginning on the date of the retirement, discharge, or
release, as applicable, of such individual.
(b) Information to Families.--The Secretary shall, in such manner
as the Secretary considers appropriate, inform military families and
families of veterans of the Armed Forces of the wide range of benefits
available through the Military OneSource program.
SEC. 559. PROHIBITION ON USE OF FUNDS FOR ATTENDANCE OF ENLISTED
PERSONNEL AT SENIOR LEVEL AND INTERMEDIATE LEVEL OFFICER
PROFESSIONAL MILITARY EDUCATION COURSES.
(a) Prohibition.--None of the funds authorized to be appropriated
or otherwise made available for the Department of Defense may be
obligated or expended for the purpose of the attendance of enlisted
personnel at senior level and intermediate level officer professional
military education courses.
(b) Senior Level and Intermediate Level Officer Professional
Military Education Courses Defined.--In this section, the term ``senior
level and intermediate level officer professional military education
courses'' means any course for officers offered by a school specified
in paragraph (1) or (2) of section 2151(b) of title 10, United States
Code.
(c) Repeal of Superseded Limitation.--
(1) In general.--Section 547 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) is
repealed.
(2) Preservation of certain reporting requirement.--The repeal
in paragraph (1) shall not be interpreted to terminate the
requirement of the Comptroller General of the United States to
submit the report required by subsection (c) of section 547 of the
National Defense Authorization Act for Fiscal Year 2018.
Subtitle G--Defense Dependents' Education
SEC. 561. 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 2019 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 (Public Law
106-398; 20 U.S.C. 7703a).
(2) Use of certain amount.--Of the amount available under
paragraph (1) for payments as described in that paragraph,
$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 2019 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. 562. DEPARTMENT OF DEFENSE EDUCATION ACTIVITY POLICIES AND
PROCEDURES ON SEXUAL HARASSMENT OF STUDENTS OF ACTIVITY SCHOOLS.
(a) Applicability of Title IX Protections.--The provisions of title
IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (in
this section referred to as ``title IX'') with respect to education
programs or activities receiving Federal financial assistance shall
apply equally to education programs and activities administered by the
Department of Defense Education Activity (DODEA).
(b) Policies and Procedures.--Not later than March 31, 2019, the
Department of Defense Education Activity shall establish policies and
procedures to protect students at schools of the Activity who are
victims of sexual harassment. Such policies and procedures shall afford
protections at least comparable to the protections afforded under title
IX.
(c) Elements.--The policies and procedures required by subsection
(b) shall include, at a minimum, the following:
(1) A policy addressing sexual harassment of students at the
schools of the Department of Defense Education Activity that uses
and incorporates terms, procedures, protections, investigation
standards, and standards of evidence consistent with title IX.
(2) A procedure by which--
(A) a student of a school of the Activity, or a parent of
such a student, may file a complaint with the school alleging
an incident of sexual harassment at the school; and
(B) such a student or parent may appeal the decision of the
school regarding such complaint.
(3) A procedure and mechanisms for the appointment and training
of, and allocation of responsibility to, a coordinator at each
school of the Activity for sexual harassment matters involving
students from the military community served by such school.
(4) Training of employees of the Activity, and volunteers at
schools of the Activity, on the policies and procedures.
(5) Mechanisms for the broad distribution and display of the
policy described in paragraph (1), including on the Internet
website of the Activity and on Internet websites of schools of the
Activity, in printed and online versions of student handbooks, and
in brochures and flyers displayed on school bulletin boards and in
guidance counselor offices.
(6) Reporting and recordkeeping requirements designed to ensure
that--
(A) complaints of sexual harassment at schools of the
Activity are handled--
(i) with professionalism and consistency; and
(ii) in a manner that permits coordinators referred to
in paragraph (3) to track trends in incidents of sexual
harassment and to identify repeat offenders of sexual
harassment; and
(B) appropriate members of the local leadership of military
communities are held accountable for acting upon complaints of
sexual harassment at schools of the Activity.
SEC. 563. DEPARTMENT OF DEFENSE EDUCATION ACTIVITY MISCONDUCT
DATABASE.
(a) Comprehensive Database.--The Secretary of Defense shall
consolidate the various databases and mechanisms for the reporting and
tracking of juvenile misconduct in Department of Defense Education
Activity (hereinafter in this section referred to as ``DODEA'') schools
into one comprehensive database for DODEA juvenile misconduct. The
comprehensive database shall include all unresolved and all
substantiated allegations of juvenile-on-juvenile sexual misconduct.
(b) Policy.--The Secretary shall establish a comprehensive policy
regarding the reporting and tracking of juvenile misconduct cases
occurring in DODEA schools, including policies establishing appropriate
safeguards to prevent unauthorized disclosure of sensitive information
contained in the comprehensive database required by subsection (a).
SEC. 564. ASSESSMENT AND REPORT ON ACTIVE SHOOTER THREAT MITIGATION
AT SCHOOLS LOCATED ON MILITARY INSTALLATIONS.
(a) Assessment.--The Secretary of Defense shall conduct an
assessment of strategies that may be used to address any security
threat posed by active shooter incidents at public elementary schools
and secondary schools located on the grounds of Federal military
installations.
(b) Report.--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 that includes the results of the assessment
conducted under subsection (a).
Subtitle H--Military Family Readiness Matters
SEC. 571. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL
MATTERS.
(a) Member Matters.--
(1) Membership.--Paragraph (1)(B) of subsection (b) of section
1781a of title 10, United States Code, is amended--
(A) in clause (i), by striking ``a member of the armed
force to be represented'' and inserting ``a member or civilian
employee of the armed force to be represented''; and
(B) by striking clause (ii) and inserting the following new
clause (ii):
``(ii) One representative, who shall be a member or
civilian employee of the National Guard Bureau, to
represent both the Army National Guard and the Air National
Guard.''.
(2) Terms.--Paragraph (2) of such subsection is amended--
(A) in subparagraph (A)--
(i) in the first sentence, by striking ``clauses (i)
and (iii) of''; and
(ii) by striking the second sentence; and
(B) in subparagraph (B), by striking ``three years'' and
inserting ``two years''.
(b) Duties.--Subsection (d) of such section is amended--
(1) in paragraph (2), by striking ``military family readiness
by the Department of Defense'' and inserting ``military family
readiness programs and activities of the Department of Defense'';
and
(2) by adding at the end the following new paragraph:
``(4) To make recommendations to the Secretary of Defense to
improve collaboration, awareness, and promotion of accurate and
timely military family readiness information and support services
by policy makers, service providers, and targeted beneficiaries.''.
(c) Annual Reports.--Subsection (e) of such section is amended by
striking ``February 1'' and inserting ``July 1''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(2) Applicability of membership and term amendments.--The
amendments made by subsection (a) shall apply to members of the
Department of Defense Military Family Readiness Council appointed
after the date of the enactment of this Act.
SEC. 572. ENHANCEMENT AND CLARIFICATION OF FAMILY SUPPORT SERVICES
FOR FAMILY MEMBERS OF MEMBERS OF SPECIAL OPERATIONS FORCES.
Section 1788a of title 10, United States Code, is amended--
(1) by striking ``activities'' each place it appears and
inserting ``services'';
(2) in subsection (b)(2), by striking ``activity'' and
inserting ``service'';
(3) in subsection (c), by striking ``$5,000,000'' and inserting
``$10,000,000''; and
(4) in subsection (e), by adding at the end the following new
paragraph:
``(4) The term `family support services' includes costs of
transportation, food, lodging, child care, supplies, fees, and
training materials for immediate family members of members of the
armed forces assigned to special operations forces while
participating in programs under subsection (a).''.
SEC. 573. TEMPORARY EXPANSION OF AUTHORITY FOR NONCOMPETITIVE
APPOINTMENTS OF MILITARY SPOUSES BY FEDERAL AGENCIES.
(a) Expansion to Include All Spouses of Members of the Armed Forces
on Active Duty.--Section 3330d of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraphs (3), (4), and (5); and
(B) by redesignating paragraph (6) as paragraph (3);
(2) by striking subsections (b) and (c) and inserting the
following new subsection (b):
``(b) Appointment Authority.--The head of an agency may appoint
noncompetitively--
``(1) a spouse of a member of the Armed Forces on active duty;
or
``(2) a spouse of a disabled or deceased member of the Armed
Forces.'';
(3) by redesignating subsection (d) as subsection (c); and
(4) in subsection (c), as so redesignated, by striking
``subsection (a)(6)'' in paragraph (1) and inserting ``subsection
(a)(3)''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 33 of such title is amended by striking the item relating to
section 3330d and inserting the following new item:
``3330d. Appointment of military spouses.''.
(c) Heading Amendment.--The heading of such section is amended to
read as follows:
``Sec. 3330d. Appointment of military spouses''.
(d) OPM Limitation and Reports.--
(1) Relocating spouses.--With respect to the noncompetitive
appointment of a relocating spouse of a member of the Armed Forces
under subsection (b)(1) of section 3330d of title 5, United States
Code, as amended by subsection (a), the Director of the Office of
Personnel Management--
(A) shall monitor the number of such appointments;
(B) shall require the head of each agency with authority to
make such appointments under such section to submit an annual
report to the Director on such appointments, including
information on the number of individuals so appointed, the
types of positions filled, and the effectiveness of the
authority for such appointments; and
(C) not later than 18 months after the date of the
enactment of this Act, shall submit a report to the Committee
on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Government Affairs of the Senate on the use and effectiveness
of such authority.
(2) Non-relocating spouses.--With respect to the noncompetitive
appointment of a spouse of a member of the Armed Forces other than
a relocating spouse described in paragraph (1), the Director of the
Office of Personnel Management--
(A) shall treat the spouse as a relocating spouse under
paragraph (1); and
(B) may limit the number of such appointments.
(e) Sunset.--Effective on the date that is 5 years after the date
of the enactment of this Act--
(1) the authority provided by this section, and the amendments
made by this section, shall expire; and
(2) the provisions of section 3330d of title 5, United States
Code, amended or repealed by such section are restored or revived
as if such section had not been enacted.
SEC. 574. IMPROVEMENT OF MY CAREER ADVANCEMENT ACCOUNT PROGRAM FOR
MILITARY SPOUSES.
(a) Outreach on Availability of Program.--The Secretary of Defense
shall take appropriate actions to ensure that military spouses who are
eligible for participation in the My Career Advancement Account program
of the Department of Defense are, to the extent practicable, made aware
of the program.
(b) Comptroller General Report.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting forth such
recommendations as the Comptroller General considers appropriate
regarding the following:
(1) Mechanisms to increase awareness of the My Career
Advancement Account program of the Department of Defense among
military spouses who are eligible to participate in the program.
(2) Mechanisms to increase participation in the My Career
Advancement Account program among military spouses who are eligible
to participate in the program.
(c) Training for Installation Career Counselors on Program.--The
Secretaries of the military departments shall take appropriate actions
to ensure that career counselors at military installations receive
appropriate training and current information on eligibility for and use
of benefits under the My Career Advancement Account program, including
financial assistance to cover costs associated with professional
recertification, portability of occupational licenses, professional
credential exams, and other mechanisms in connection with the
portability of professional licenses.
SEC. 575. ASSESSMENT AND REPORT ON THE EFFECTS OF PERMANENT CHANGES
OF STATION ON EMPLOYMENT AMONG MILITARY SPOUSES.
(a) Assessment Required.--The Secretary of Defense shall conduct an
assessment of the effects of frequent, permanent changes of station on
the stability of employment among spouses of members of the Armed
Forces.
(b) Elements.--The assessment required under subsection (a) shall
include the following:
(1) An assessment of how frequent, permanent changes of station
may contribute to unemployment or underemployment among spouses of
members of the Armed Forces.
(2) An assessment of how unemployment and underemployment among
military spouses may affect force readiness.
(3) Such recommendations as the Secretary considers appropriate
regarding legislative or administration actions that may be carried
out to achieve force readiness and stabilization through the
minimization of the impacts of frequent, permanent changes in
station on the stability of employment among military spouses.
(c) Report.--Not later than February 1, 2019, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report that includes the results of
the assessment with respect to each element described in subsection
(b).
SEC. 576. PROVISIONAL OR INTERIM CLEARANCES TO PROVIDE CHILDCARE
SERVICES AT MILITARY CHILDCARE CENTERS.
(a) In General.--The Secretary of Defense shall implement a policy
to permit the issuance on a provisional or interim basis of clearances
for the provision of childcare services at military childcare centers.
(b) Elements.--The policy required by subsection (a) shall provide
for the following:
(1) Any clearance issued under the policy shall be temporary
and contingent upon the satisfaction of such requirements for the
issuance of a clearance on a permanent basis as the Secretary
considers appropriate.
(2) Any individual issued a clearance on a provisional or
interim basis under the policy shall be subject to such supervision
in the provision of childcare services using such clearance as the
Secretary considers appropriate.
(c) Clearance Defined.--In this section, the term ``clearance'',
with respect to an individual and the provision of childcare services,
means the formal approval of the individual, after appropriate
background checks and other review, to provide childcare services to
children at a military childcare center of the Department of Defense.
SEC. 577. MULTIDISCIPLINARY TEAMS FOR MILITARY INSTALLATIONS ON
CHILD ABUSE AND OTHER DOMESTIC VIOLENCE.
(a) Multidisciplinary Teams Required.--
(1) In general.--Under regulations prescribed by each Secretary
concerned, there shall be established and maintained for each
military installation, except as provided in paragraph (2), one or
more multidisciplinary teams on child abuse and other domestic
violence for the purposes specified in subsection (b).
(2) Single team for proximate installations.--A single
multidisciplinary team described in paragraph (1) may be
established and maintained under this subsection for two or more
military installations in proximity with one another if the
Secretary concerned determines, in consultation with the Secretary
of Defense, that a single team for such installations suffices to
carry out the purposes of such teams under subsection (b) for such
installations.
(b) Purposes.--The purposes of each multidisciplinary team
maintained pursuant to subsection (a) shall be as follows:
(1) To provide for the sharing of information among such team
and other appropriate personnel on the installation or
installations concerned regarding the progress of investigations
into and resolutions of incidents of child abuse and other domestic
violence involving members of the Armed Forces stationed at or
otherwise assigned to the installation or installations.
(2) To provide for and enhance collaborative efforts among such
team and other appropriate personnel of the installation or
installations regarding investigations into and resolutions of such
incidents.
(3) To enhance the social services available to military
families at the installation or installations in connection with
such incidents, including through the enhancement of cooperation
among specialists and other personnel providing such services to
such military families in connection with such incidents.
(4) To carry out such other duties regarding the response to
child abuse and other domestic violence at the installation or
installations as the Secretary concerned considers appropriate for
such purposes.
(c) Personnel.--
(1) In general.--Each multidisciplinary team maintained
pursuant to subsection (a) shall be composed of the following:
(A) One or more judge advocates.
(B) Appropriate personnel of one or more military criminal
investigation services.
(C) Appropriate mental health professionals.
(D) Appropriate medical personnel.
(E) Family advocacy case workers.
(F) Such other personnel as the Secretary or Secretaries
concerned consider appropriate.
(2) Expertise and training.--Any individual assigned to a
multidisciplinary team shall possess such expertise, and shall
undertake such training as is required to maintain such expertise,
as the Secretary concerned shall specify for purposes of this
section in order to ensure that members of the team remain
appropriately qualified to carry out the purposes of the team under
this section. The training and expertise so specified shall include
training and expertise on special victims' crimes, including child
abuse and other domestic violence.
(d) Coordination and Collaboration With Non-military Resources.--
(1) Use of community resources serving installations.--In
providing under this section for a multidisciplinary team for a
military installation or installations that benefit from services
or resources on child abuse or other domestic violence that are
provided by civilian entities in the vicinity of the installation
or installations, the Secretary concerned may take the availability
of such services or resources to the installation or installations
into account in providing for the composition and duties of the
team.
(2) Best practices.--The Secretaries concerned shall take
appropriate actions to ensure that multidisciplinary teams
maintained pursuant to subsection (a) remain fully and currently
apprised of best practices in the civilian sector on investigations
into and resolutions of incidents of child abuse and other domestic
violence and on the social services provided in connection with
such incidents.
(3) Collaboration.--In providing for the enhancement of social
services available to military families in accordance with
subsection (b)(3), the Secretaries concerned shall permit,
facilitate, and encourage multidisciplinary teams to collaborate
with appropriate civilian agencies in the vicinity of the military
installations concerned with regard to availability, provision, and
use of such services to and by such families.
(e) Annual Reports.--Not later than March 1 of each year from 2020
through 2022, each Secretary concerned shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the activities of multidisciplinary teams maintained pursuant
to subsection (a) under the jurisdiction of such Secretary during the
preceding year. Each report shall set forth, for the period covered by
such report, the following:
(1) A summary description of the activities of the
multidisciplinary teams concerned, including the number and
composition of such teams, the recurring activities of such teams,
and any notable achievements of such teams.
(2) A description of any impediments to the effectiveness of
such teams.
(3) Such recommendations for legislative or administrative
action as such Secretary considers appropriate in order to improve
the effectiveness of such teams.
(4) Such other matters with respect to such teams as such
Secretary considers appropriate.
(f) Secretary Concerned.--
(1) Definition.--In this section, the term ``Secretary
concerned'' has the meaning given that term in section 101(a)(9) of
title 10, United States Code.
(2) Usage with respect to multiple installations.--For purposes
of this section, any reference to ``Secretary concerned'' with
respect to a single multidisciplinary team established and
maintained pursuant to subsection (a) for two or more military
installations that are under the jurisdiction of different
Secretaries concerned, shall be deemed to refer to each Secretary
concerned who has jurisdiction of such an installation, acting
jointly.
SEC. 578. PILOT PROGRAM FOR MILITARY FAMILIES: PREVENTION OF CHILD
ABUSE AND TRAINING ON SAFE CHILDCARE PRACTICES.
(a) Pilot Program.--
(1) Purpose.--In order to reduce child abuse and fatalities due
to abuse or neglect in covered households, the Secretary of
Defense, acting through the Defense Health Agency, shall carry out
a pilot program to--
(A) provide information regarding safe childcare practices
to covered households;
(B) identify and assess risk factors for child abuse in
covered households; and
(C) facilitate connections between covered households and
community resources.
(2) Prohibition on delegation.--The Secretary may not carry out
the pilot program through the Family Advocacy Program.
(3) Locations.--The Secretary shall carry out the pilot program
at no fewer than five military installations that reflect a range
of characteristics including the following:
(A) Urban location.
(B) Rural location.
(C) Large population.
(D) Small population.
(E) High incidence of child abuse, neglect, or both.
(F) Low incidence of child abuse, neglect, or both.
(G) Presence of a hospital or clinic.
(H) Lack of a hospital or clinic.
(I) Joint installation.
(J) Serving only one Armed Force.
(4) Term.--The pilot program shall terminate two years after
implementation.
(5) Design.--The Secretary shall design the pilot program in
consultation with military family groups to respond to the needs of
covered households.
(6) Elements.--The pilot program shall include the following
elements:
(A) Postnatal services, including screening to identify
family needs and potential risk factors, and make referrals to
appropriate community services with the use of the electronic
data described in subparagraphs (F) and (G).
(B) The Secretary shall identify at least three approaches
to screening, identification, and referral under subparagraph
(A) that empirically improve outcomes for parents and infants.
(C) Services and resources designed for a covered household
by the Secretary after considering the information gained from
the screening and identification under subparagraph (A). Such
services and resources may include or address the following:
(i) General maternal and infant health exam.
(ii) Safe sleeping environments.
(iii) Feeding and bathing.
(iv) Adequate child supervision.
(v) Common hazards.
(vi) Self-care.
(vii) Postpartum depression, substance abuse, or
domestic violence.
(viii) Community violence.
(ix) Skills for management of infant crying.
(x) Other positive parenting skills and practices.
(xi) The importance of participating in ongoing
healthcare for an infant and for treating postpartum
depression.
(xii) Finding, qualifying for, and participating in
available community resources with respect to infant care,
childcare, parenting support, and home visits.
(xiii) Planning for parenting or guardianship of
children during deployment and reintegration.
(xiv) Such other matters as the Secretary, in
consultation with military families, considers appropriate.
(D) Home visits to provide support, screening and referral
services shall be offered as needed. The number of visits
offered shall be guided by parental interest and family need,
but in general is expected to be no more than three.
(E) If a parent is deployed at the time of birth--
(i) the first in-home visit under subparagraph (D)
shall, to the extent practicable, incorporate both parents,
in person with the local parent and by electronic means
with the deployed parent; and
(ii) another such home visit shall be offered upon the
return of the parent from deployment, and shall include
both parents, if determined in the best interest of the
family.
(F) An electronic directory of community resources
available to covered households and pilot program personnel to
help covered households access such resources.
(G) An electronic integrated data system to--
(i) help pilot program personnel refer eligible covered
beneficiaries to services and resources under the pilot
program;
(ii) track usage of such services and resources and
interactions between such personnel and covered households;
and
(iii) evaluate the implementation, outcomes, and
effectiveness of the pilot program.
(b) Voluntary Participation.--Participation in the pilot program
shall be at the election of a covered beneficiary in an eligible
household.
(c) Outreach.--
(1) In general.--Not later than 30 days after implementing the
pilot program, the Secretary shall notify each covered household of
the services provided under subsection (b).
(2) Covered households with newborns.--No later than 30 days
after a birth in a covered household, the Secretary shall contact
such covered household to encourage participation in the pilot
program.
(d) Assessments.--
(1) Number.--The Secretary shall carry out no fewer than five
assessments of the pilot program.
(2) Comparison installations.--For purposes of this subsection,
the Secretary shall also select such number of other military
installations the Secretary determines appropriate as comparison
installations for purposes of assessing the outcomes of the pilot.
(3) Assessment.--The Secretary shall assess each of the
following:
(A) Success in contacting covered households for
participation in the pilot.
(B) The percentage of covered households that elect to
participate in the pilot program.
(C) The extent to which covered households participating in
the pilot program are connected to services and resources under
the pilot program.
(D) The extent to which covered households participating in
the pilot program use services and resources under the pilot
program.
(E) Compliance of pilot program personnel with pilot
program protocols.
(e) Reports.--
(1) Initial report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the pilot program under this section.
The report shall include a comprehensive description of the
assessments under subsection (d), as well as the following:
(A) Which installations the Secretary selected for the
pilot program under subsection (a)(2).
(B) Why the Secretary selected the installations described
in subparagraph (A).
(C) Names of the installations the Secretary selected as
comparison installations under subsection (d)(2).
(D) How the pilot program is carried out, including
strategy and metrics for evaluating effectiveness of the pilot
program.
(2) Final report.--Not later than 180 days after the
termination of the pilot program, the Secretary shall submit to the
committees specified in paragraph (1) a final report on the pilot
program. The report shall include the following:
(A) A comprehensive description of, and findings of, the
assessments under subsection (d).
(B) A comprehensive description and assessment of the
pilot.
(C) Such recommendations for legislative or administrative
action the Secretary determines appropriate, including whether
to--
(i) extend the term of the pilot program;
(ii) expand the pilot program to additional
installations; or
(iii) make the pilot program permanent.
(f) Departmental Implementation.--If the Secretary determines that
any element of the pilot program is effective, the Secretary shall
implement such element permanently for the Department of Defense.
(g) Definitions.--In this section:
(1) The term ``covered household'' means a household that--
(A) contains an eligible covered beneficiary; and
(B) is located at a location selected by the Secretary for
the pilot program.
(2) The term ``eligible covered beneficiary'' means a covered
beneficiary (as that term is defined in section 1072 of title 10,
United States Code) who obtains prenatal or obstetrical care in a
military medical treatment facility in connection with a birth
covered by the pilot program.
(3) With respect to a military installation, the term
``community'' means the catchment area for community services of
the installation, including services provided on the installation
by the Secretary and services provided by State, county, and local
jurisdictions in which the installation is located, or in the
vicinity of the installation.
SEC. 579. ASSESSMENT AND REPORT ON SMALL BUSINESS ACTIVITIES OF
MILITARY SPOUSES ON MILITARY INSTALLATIONS IN THE UNITED STATES.
(a) Assessment Required.--The Secretary of Defense shall conduct an
assessment of the feasibility and advisability of permitting military
spouses to engage in small business activities on military
installations in the United States and in partnership with
commissaries, exchange stores, and other morale, welfare, and
recreation facilities of the Armed Forces in the United States.
(b) Elements.--The assessment required under subsection (a) shall--
(1) take into account the usage by military spouses of
installation facilities, utilities, and other resources in the
conduct of small business activities on military installations in
the United States and such other matters in connection with the
conduct of such business activities by military spouses as the
Secretary considers appropriate; and
(2) seek to identify mechanisms to ensure that costs and fees
associated with the usage by military spouses of such facilities,
utilities, and other resources in connection with such business
activities does not meaningfully curtail or eliminate the
opportunity for military spouses to profit reasonably from such
business activities.
(c) Report.--Not later than March 1, 2019, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report that includes the results of the
assessment, including the results with respect to each element
described in subsection (b).
Subtitle I--Decorations and Awards
SEC. 581. ATOMIC VETERANS SERVICE CERTIFICATE.
(a) Service Certificate Required.--The Secretary of Defense shall
design and produce a military service certificate, to be known as the
``Atomic Veterans Service Certificate'', to honor retired and former
members of the Armed Forces who are radiation-exposed veterans (as such
term is defined in section 1112(c)(3) of title 38, United States Code).
(b) Distribution of Certificate.--
(1) Issuance to retired and former members.--At the request of
a radiation-exposed veteran, the Secretary of Defense shall issue
the Atomic Veterans Service Certificate to the veteran.
(2) Issuance to next-of-kin.--In the case of a radiation-
exposed veteran who is deceased, the Secretary may provide for
issuance of the Atomic Veterans Service Certificate to the next-of-
kin of the person.
SEC. 582. AWARD OF MEDALS OR OTHER COMMENDATIONS TO HANDLERS OF
MILITARY WORKING DOGS.
(a) Program of Award Required.--Each Secretary of a military
department shall carry out a program to provide for the award of one or
more medals or other commendations to handlers of military working dogs
under the jurisdiction of such Secretary to recognize valor or
meritorious achievement by such handlers and dogs.
(b) Medals and Commendations.--Any medal or commendation awarded
pursuant to a program under subsection (a) shall be of such design, and
include such elements, as the Secretary of the military department
concerned shall specify. The Secretary concerned may use an existing
award to carry out such program.
(c) Presentation and Acceptance.--Any medal or commendation awarded
pursuant to a program under subsection (a) may be presented to and
accepted by the handler concerned on behalf of the handler and the
military working dog concerned.
(d) Regulations.--Medals and commendations shall be awarded under
programs under subsection (a) in accordance with regulations prescribed
by the Secretary of Defense for purposes of this section.
SEC. 583. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE CROSS TO
JUSTIN T. GALLEGOS FOR ACTS OF VALOR DURING OPERATION ENDURING
FREEDOM.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United States Code,
or any other time limitations with respect to the awarding of certain
medals to persons who served in the Armed Forces, the Secretary of the
Army may award the Distinguished-Service Cross under section 3742 of
such title to Justin T. Gallegos for the acts of valor described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Justin T. Gallegos on October 3,
2009, as a member of the Army in the grade of Staff Sergeant, serving
in Afghanistan with the 61st Cavalry Regiment, 4th Brigade Combat Team,
4th Infantry Division.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. ANNUAL DEFENSE MANPOWER REQUIREMENTS REPORT MATTERS.
(a) Date of Submittal.--Subsection (a) of section 115a of title 10,
United States Code, is amended in the matter preceding paragraph (1) by
striking ``not later than 45 days after the date on which'' and
inserting ``on the date on which''.
(b) Specification of Anticipated Opportunities for Promotion of
Commissioned Officers.--Subsection (d) of such section is amended by
adding the following new paragraph:
``(4) The opportunities for promotion of commissioned officers
anticipated to be estimated pursuant to section 623(b)(4) of this
title for the fiscal year in which such report is submitted for
purposes of promotion selection boards convened pursuant to section
611 of this title during such fiscal year.''.
SEC. 592. BURIAL OF UNCLAIMED REMAINS OF INMATES AT THE UNITED
STATES DISCIPLINARY BARRACKS CEMETERY, FORT LEAVENWORTH, KANSAS.
Section 985 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``A person who is
ineligible'' in the matter preceding paragraph (1) and inserting
``Except as provided in subsection (c), a person who is
ineligible'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Unclaimed Remains of Military Prisoners.--Subsection (b)
shall not preclude the burial at the United States Disciplinary
Barracks Cemetery at Fort Leavenworth, Kansas, of a military prisoner,
including a military prisoner who is a person described in section
2411(b) of title 38, who dies while in custody of a military department
and whose remains are not claimed by the person authorized to direct
disposition of the remains or by other persons legally authorized to
dispose of the remains.''.
SEC. 593. STANDARDIZATION OF FREQUENCY OF ACADEMY VISITS OF THE AIR
FORCE ACADEMY BOARD OF VISITORS WITH ACADEMY VISITS OF BOARDS OF
OTHER MILITARY SERVICE ACADEMIES.
Section 9355 of title 10, United States Code, is amended by
striking subsection (d) and inserting the following new subsection:
``(d) The Board shall visit the Academy annually. With the approval
of the Secretary of the Air Force, the Board or its members may make
other visits to the Academy in connection with the duties of the Board
or to consult with the Superintendent of the Academy. Board members
shall have access to the Academy grounds and the cadets, faculty,
staff, and other personnel of the Academy for the purposes of the
duties of the Board.''.
SEC. 594. NATIONAL COMMISSION ON MILITARY, NATIONAL, AND PUBLIC
SERVICE MATTERS.
(a) Definitions.--Section 551(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2130) is amended--
(1) in paragraph (1), by inserting after ``United States
Code)'' the following: ``or active status (as that term is defined
in subsection (d)(4) of such section)'';
(2) in paragraph (2)--
(A) by striking ```national service''' and inserting
```public service'''; and
(B) by striking ``or State Government'' and inserting ``,
State, Tribal, or local government'';
(3) in paragraph (3)--
(A) by striking ```public service''' and inserting
```national service'''; and
(B) by striking ``employment'' and inserting
``participation''; and
(4) by adding at the end the following new paragraph:
``(4) The term `establishment date' means September 19,
2017.''.
(b) Exception to Paperwork Reduction Act.--Section 555(e) of that
Act (130 Stat. 2134) is amended by adding at the end the following new
paragraph:
``(4) Paperwork reduction act.--For purposes of developing its
recommendations, the information collection of the Commission may
be treated as a pilot project under section 3505(a) of title 44,
United States Code. In addition, the Commission shall not be
subject to the requirements of section 3506(c)(2)(A) of such
title.''.
SEC. 595. PUBLIC AVAILABILITY OF TOP-LINE NUMBERS OF DEPLOYED
MEMBERS OF THE ARMED FORCES.
(a) In General.--Except as provided in subsection (b), the
Secretary of Defense shall make publicly available, on a quarterly
basis, on a website of the Department the top-line numbers of members
of the Armed Forces deployed for each country as of the date of the
submittal of the report and the total number of members of the Armed
Forces so deployed during the quarter covered by the report.
(b) Waiver.--
(1) In general.--The Secretary may waive the requirement under
subsection (a) in the case of a sensitive military operation if--
(A) the Secretary determines the public disclosure of the
number of deployed members of the Armed Forces could reasonably
be expected to provide an operational military advantage to an
adversary; or
(B) members of the Armed Forces are deployed for a period
that does not exceed 30 days.
(2) Notice.-- If the Secretary issues a waiver under this
subsection, the Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives--
(A) a notice of the waiver; and
(B) the reasons for the determination to issue the waiver.
(c) Sensitive Military Operation Defined.--The term ``sensitive
military operation'' has the meaning given that term in section 130f(d)
of title 10, United States Code.
SEC. 596. REPORT ON GENERAL AND FLAG OFFICER COSTS.
(a) Report Required.--Not later than nine months after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on general and flag officer
costs.
(b) Elements.--The report required under subsection (a) shall
include cost estimates for direct and indirect costs associated with
general and flag officers generally and for specific positions in
accordance with the recommendations of the report of the Office of the
Secretary of Defense, Office of Cost Assessment and Program Evaluation
titled ``Defining General and Flag Officer Costs'' dated December 2017,
including--
(1) direct compensation for all general and flag officers and
for specific general and flag officer positions, using the full
cost of manpower model to estimate where possible;
(2) personal money allowances for positions that receive an
allowance;
(3) deferred compensation and health care costs for all general
and flag officers and for specific general and flag officer
positions;
(4) costs associated with providing security details for
specific general and flag officer positions that merit continuous
security;
(5) costs associated with Government and commercial travel for
general and flag officers who qualify for tier one or two travel,
including commercial travel costs using defense travel system data;
(6) general flag officer per diems for specific positions,
based on average travel per diem costs;
(7) costs for enlisted and officer aide housing for general and
flag officers generally and for specific general and flag officer
positions, including basic housing assistance costs for staff;
(8) on a case-by-case basis, costs associated with enlisted and
officer aide travel, taking into consideration the cost of data
collection;
(9) costs associated with additional support staff for general
and flag officers and their travel, equipment, and per diem costs
for all general and flag officers and specific general and flag
officer positions based on the average numbers per general or flag
officer and estimations using the full cost of manpower model;
(10) costs associated with the upkeep and maintenance of
official residences not captured by basic housing assistance; and
(11) costs associated with training for general and flag
officers generally and specific general and flag officer positions
using estimations from the full cost of manpower model.
SEC. 597. STUDY ON ACTIVE SERVICE OBLIGATIONS FOR MEDICAL TRAINING
WITH OTHER SERVICE OBLIGATIONS FOR EDUCATION OR TRAINING AND
HEALTH PROFESSIONAL RECRUITING.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a briefing and report on the effects of
consecutive service on active duty service obligations for medical
training as they relate to other service obligations for education or
training.
(b) Matters Included.--The briefing and report under subsection (a)
shall include the following:
(1) The extent to which consecutive active duty service
obligations for medical education and training may affect
recruiting and retention of health professionals in the military
health system.
(2) The extent to which the military departments and the
Department of Defense use incentive pay authority to recruit and
retain health professionals.
(3) The extent to which the military departments and the
Department of Defense consider geographic location and competition
in the civilian health professional marketplace when developing
incentive pay and competitive salaries.
(4) A comparison of salaries for--
(A) military physicians and dentists with critical medical
and dental skills; and
(B) civilian physicians and dentists with comparable
skills.
(5) The extent to which consecutive service obligations may
result in unintended consequences relating to--
(A) general medical officers;
(B) residency training;
(C) enrollment at the Uniformed Services University; and
(D) other matters related to consecutive service
obligations on medical training.
(6) Any other matter the Comptroller General determines is
appropriate.
SEC. 598. CRITERIA FOR INTERMENT AT ARLINGTON NATIONAL CEMETERY.
(a) Criteria.--The Secretary of the Army, in consultation with the
Secretary of Defense, shall prescribe revised criteria for interment at
Arlington National Cemetery that preserve Arlington National Cemetery
as an active burial ground ``well into the future,'' as that term is
used in the report submitted by the Secretary of the Army to the
Committees on Veterans' Affairs and the Committees on Armed Services of
the House of Representatives and the Senate, dated February 14, 2017,
and titled ``The Future of Arlington National Cemetery: Report on the
Cemetery's Interment and Inurnment Capacity 2017''.
(b) Deadline.--The Secretary of the Army shall establish the
criteria under subsection (a) not later than September 30, 2019.
SEC. 599. LIMITATION ON USE OF FUNDS PENDING SUBMITTAL OF REPORT ON
ARMY MARKETING AND ADVERTISING PROGRAM.
(a) Report Required.--
(1) In general.--The Secretary of the Army shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the recommendations contained in the
audit conducted by the Army Audit Agency of the Army's Marketing
and Advertising Program concerning contract oversight and return on
investment.
(2) Contents.--The report required by paragraph (1) shall
address each of the following:
(A) The mitigation and oversight measures implemented to
assure improved program return and contract management
including the establishment of specific goals to measure long-
term effects of investments in marketing efforts.
(B) The establishment of a review process to regularly
evaluate the effectiveness and efficiency of marketing efforts
including efforts to better support the accessions missions of
the Army.
(C) The increase of acquisition and marketing experience
within the Army Marketing and Research Group (hereafter in this
section referred to as the ``AMRG'').
(D) A workforce analysis of the AMRG in cooperation with
the Office of Personnel Management and industry experts
assessing the AMRG organizational structure, staffing, and
training, including an assessment of the workplace climate and
culture internal to the AMRG.
(E) The establishment of an Army Marketing and Advisory
Board comprised of senior Army and marketing and advertising
leaders and an assessment of industry and service marketing and
advertising best practices, including a plan to incorporate
relevant practices.
(F) The status of the implementation of contracting
practices recommended by the Army Audit Agency's audit of
contracting oversight of the AMRG contained in Audit Report A-
2018-0033-MTH.
(b) Limitation on Use of Funds.--Not more than 60 percent of the
amounts authorized to be appropriated or otherwise made available in
this Act for the AMRG for fiscal year 2019 for advertising and
marketing activities may be obligated or expended until the Secretary
of the Army submits the report required by subsection (a).
(c) Comptroller General Review.--Not later than 90 days after the
date of the submittal of the report required by subsection (a), the
Comptroller General of the United States shall conduct a review of the
results and implementation of the recommendations of the Army Audit
Agency Audits of the AMRG on contract oversight and return on
investment. Such review shall include an assessment of the effects of
the implementation of the recommendations on the AMRG leadership,
workforce and business practices, and return on investment.
SEC. 600. PROOF OF PERIOD OF MILITARY SERVICE FOR PURPOSES OF
INTEREST RATE LIMITATION UNDER THE SERVICEMEMBERS CIVIL RELIEF
ACT.
Section 207(b)(1) of the Servicemembers Civil Relief Act (50 U.S.C.
3937(b)(1)) is amended to read as follows:
``(1) Proof of military service.--
``(A) In general.--Not later than 180 days after the date
of a servicemember's termination or release from military
service, in order for an obligation or liability of the
servicemember to be subject to the interest rate limitation in
subsection (a), the servicemember shall provide to the creditor
written notice and a copy of--
``(i) the military orders calling the servicemember to
military service and any orders further extending military
service; or
``(ii) any other appropriate indicator of military
service, including a certified letter from a commanding
officer.
``(B) Independent verification by creditor.--
``(i) In general.--A creditor may use, in lieu of
notice and documentation under subparagraph (A),
information retrieved from the Defense Manpower Data Center
through the creditor's normal business reviews of such
Center for purposes of obtaining information indicating
that the servicemember is on active duty.
``(ii) Safe harbor.--A creditor that uses the
information retrieved from the Defense Manpower Data Center
under clause (i) with respect to a servicemember has not
failed to treat the debt of the servicemember in accordance
with subsection (a) if--
``(I) such information indicates that, on the date
the creditor retrieves such information, the
servicemember is not on active duty; and
``(II) the creditor has not, by the end of the 180-
day period under subparagraph (A), received the written
notice and documentation required under that
subparagraph with respect to the servicemember.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Repeal of authority for payment of personal money allowances
to Navy officers serving in certain positions.
Sec. 602. Eligibility of reserve component members for high-deployment
allowance for lengthy or numerous deployments and frequent
mobilizations.
Sec. 603. Prohibition on per diem allowance reductions based on the
duration of temporary duty assignment or civilian travel.
Sec. 604. Extension of parking expenses allowance to civilian employees
at recruiting facilities.
Sec. 605. Eligibility of reserve component members for nonreduction in
pay while serving in the uniformed services or National Guard.
Sec. 606. Military Housing Privatization Initiative.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 612. Report on imminent danger pay and hostile fire pay.
Subtitle C--Other Matters
Sec. 621. Extension of certain morale, welfare, and recreation
privileges to certain veterans and their caregivers.
Sec. 622. Technical corrections in calculation and publication of
special survivor indemnity allowance cost of living
adjustments.
Sec. 623. Authority to award damaged personal protective equipment to
members separating from the Armed Forces and veterans as
mementos of military service.
Sec. 624. Space-available travel on Department of Defense aircraft for
veterans with service-connected disabilities rated as total.
Sec. 625. Mandatory increase in insurance coverage under Servicemembers'
Group Life Insurance for members deployed to combat theaters
of operation.
Sec. 626. Access to military installations for certain surviving spouses
and other next of kin of members of the Armed Forces who die
while on active duty or certain reserve duty.
Sec. 627. Study and report on development of a single defense resale
system.
Subtitle A--Pay and Allowances
SEC. 601. REPEAL OF AUTHORITY FOR PAYMENT OF PERSONAL MONEY
ALLOWANCES TO NAVY OFFICERS SERVING IN CERTAIN POSITIONS.
(a) Repeal.--Section 414 of title 37, United States Code, is
amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on December 31, 2018, and shall apply with respect to
personal money allowances payable under section 414 of title 37, United
States Code, for years beginning after that date.
SEC. 602. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR HIGH-
DEPLOYMENT ALLOWANCE FOR LENGTHY OR NUMEROUS DEPLOYMENTS AND
FREQUENT MOBILIZATIONS.
Section 436(a)(2)(C)(ii) of title 37, United States Code, is
amended by inserting ``section 12304b of title 10 or'' after ``under''
the first place it appears.
SEC. 603. PROHIBITION ON PER DIEM ALLOWANCE REDUCTIONS BASED ON THE
DURATION OF TEMPORARY DUTY ASSIGNMENT OR CIVILIAN TRAVEL.
(a) Members.--Section 474(d)(3) of title 37, United States Code, is
amended by adding at the end the following new sentence: ``The
Secretary of a military department shall not alter the amount of the
per diem allowance, or the maximum amount of reimbursement, for a
locality based on the duration of the temporary duty assignment in the
locality of a member of the armed forces under the jurisdiction of the
Secretary.''.
(b) Civilian Employees.--Section 5702(a)(2) of title 5, United
States Code, is amended by adding at the end the following new
sentence: ``The Secretary of Defense shall not alter the amount of the
per diem allowance, or the maximum amount of reimbursement, for a
locality based on the duration of the travel in the locality of an
employee of the Department.''.
(c) Repeals.--
(1) Existing policy and regulations.--The policy, and any
regulations issued pursuant to such policy, implemented by the
Secretary of Defense on November 1, 2014, with respect to
reductions in per diem allowances based on duration of temporary
duty assignment or civilian travel shall have no force or effect.
(2) Attempted statutory fix.--Section 672 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328;
37 U.S.C. 474 note; 130 Stat. 2178) is repealed.
SEC. 604. EXTENSION OF PARKING EXPENSES ALLOWANCE TO CIVILIAN
EMPLOYEES AT RECRUITING FACILITIES.
Section 481i(b)(1) of title 37, United States Code, is amended by
striking ``as a recruiter for any'' and inserting ``at a recruiting
facility''.
SEC. 605. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR NONREDUCTION
IN PAY WHILE SERVING IN THE UNIFORMED SERVICES OR NATIONAL GUARD.
Section 5538(a) of title 5, United States Code, is amended in the
matter preceding paragraph (1) by inserting ``section 12304b of title
10 or'' after ``under''.
SEC. 606. MILITARY HOUSING PRIVATIZATION INITIATIVE.
(a) Payment Authority.--Each month beginning on the first month
after the date of the enactment of this Act, the Secretary shall pay a
lessor of covered housing 5 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. Any such payment shall be in
addition to any other payment made by the Secretary to that lessor.
(b) Plan for MHPI Housing.--Not later than December 1, 2018, the
Secretary shall submit to the congressional defense committees a long-
range plan to develop measures to consistently address the future
sustainment, recapitalization, and financial condition of MHPI housing.
The plan shall include--
(1) efforts to mitigate the losses incurred by MHPI housing
projects because of the reductions to BAH under section 603 of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 37 U.S.C. 403(b)(3)(B)); and
(2) a full assessment of the effects of such reductions (in
relation to calculations of market rates for rent and utilities) on
the financial condition of MHPI housing.
(c) Reporting.--The Secretary shall direct the Assistant Secretary
of Defense for Energy, Installations, and Environment to take the
following steps regarding reports under section 2884(c) of title 10,
United States Code:
(1) Provide additional contextual information on MHPI housing
to identify any differences in the calculation of debt coverage
ratios and any effect of such differences on their comparability.
(2) Immediately resume issuing such reports on the financial
condition of MHPI housing.
(3) Revise Department of Defense guidance on MHPI housing--
(A) to ensure that relevant financial data (such as debt
coverage ratios) in such reports are consistent and comparable
in terms of the time periods of the data collected;
(B) to include a requirement that the secretary of each
military department includes measures of future sustainment
into each assessments of MHPI housing projects; and
(C) to require the secretary of each military department to
define risk tolerance regarding the future sustainability of
MHPI housing projects.
(4) Report financial information on future sustainment of each
MHPI housing project in such reports.
(5) Provide Department of Defense guidance to the secretaries
of the military departments to--
(A) assess the significance of the specific risks to
individual MHPI housing projects from the reduction in BAH; and
(B) identify methods to mitigate such risks based on their
significance.
(6) Not later than December 1, 2018, finalize Department of
Defense guidance that clearly defines--
(A) the circumstances in which the military departments
shall provide notification of housing project changes to the
congressional defense committees; and
(B) which types of such changes require prior notification
to or prior approval from the congressional defense committees.
(d) Definitions.--In this section:
(1) The term ``BAH'' means the basic allowance for housing
under section 403 of title 37, United States Code.
(2) The term ``covered housing'' means a unit of MHPI housing
that is leased to a member of a uniformed service who resides in
such unit.
(3) The term ``MHPI housing'' means housing 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) on or before September 30, 2014.
Subtitle B--Bonuses and Special Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL
PAY AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g) of
title 37, United States Code, relating to income replacement payments
for reserve component members experiencing extended and frequent
mobilization for active duty service, is amended by striking ``December
31, 2018'' and inserting ``December 31, 2019''.
(b) Title 10 Authorities Relating to Health Care Professionals.--
The following sections of title 10, United States Code, are amended by
striking ``December 31, 2018'' and inserting ``December 31, 2019'':
(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.
(c) Authorities Relating to Nuclear Officers.--Section 333(i) of
title 37, United States Code, is amended by striking ``December 31,
2018'' and inserting ``December 31, 2019''.
(d) 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, 2018''
and inserting ``December 31, 2019'':
(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 334(i), relating to special aviation incentive pay
and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive pay
authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers' Training
Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special duty
pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to high
priority units.
(e) Authority to Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States
Code, is amended by striking ``December 31, 2018'' and inserting
``December 31, 2019''.
SEC. 612. REPORT ON IMMINENT DANGER PAY AND HOSTILE FIRE PAY.
(a) Report Required.--Not later than March 1, 2019, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report examining the current
processes for awarding imminent danger pay and hostile fire pay to
members of the Armed Forces.
(b) Elements.--This report under this section shall include the
following:
(1) An analysis of difficulties in implementing the current
system.
(2) An explanation of how geographic regions are selected to be
eligible for such pay and the criteria used to define these
regions.
(3) An examination of whether the current geographic model is
the most appropriate way to award such pay, including the
following:
(A) A discussion of whether the current model most
accurately reflects the realities of modern warfare and is
responsive enough to the needs of members.
(B) Whether the Secretary believes it would be appropriate
to tie such pay to specific authorizations for deployments
(including deployments of special operations forces) in
addition to geographic criteria.
(C) A description of any change the Secretary would
consider to update such pay to reflect the current operational
environment.
(D) How the Secretary would implement each change under
subparagraph (C).
(E) Recommendations of the Secretary for related
regulations or legislative action.
Subtitle C--Other Matters
SEC. 621. EXTENSION OF CERTAIN MORALE, WELFARE, AND RECREATION
PRIVILEGES TO CERTAIN VETERANS AND THEIR CAREGIVERS.
(a) Short Title.--This section may be cited as the ``Purple Heart
and Disabled Veterans Equal Access Act of 2018''.
(b) Commissary Stores and MWR Facilities Privileges for Certain
Veterans and Veteran Caregivers.--
(1) Extension of privileges.--Chapter 54 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 1065. Use of commissary stores and MWR facilities: certain
veterans and caregivers for veterans
``(a) Eligibility of Veterans Awarded the Purple Heart.--A veteran
who was awarded the Purple Heart shall be permitted to use commissary
stores and MWR facilities on the same basis as a member of the armed
forces entitled to retired or retainer pay.
``(b) Eligibility of Veterans Who Are Medal of Honor Recipients.--A
veteran who is a Medal of Honor recipient shall be permitted to use
commissary stores and MWR facilities on the same basis as a member of
the armed forces entitled to retired or retainer pay.
``(c) Eligibility of Veterans Who Are Former Prisoners of War.--A
veteran who is a former prisoner of war shall be permitted to use
commissary stores and MWR facilities on the same basis as a member of
the armed forces entitled to retired or retainer pay.
``(d) Eligibility of Veterans With Service-Connected
Disabilities.--A veteran with a service-connected disability shall be
permitted to use commissary stores and MWR facilities on the same basis
as a member of the armed forces entitled to retired or retainer pay.
``(e) Eligibility of Caregivers for Veterans.--A caregiver or
family caregiver shall be permitted to use commissary stores and MWR
facilities on the same basis as a member of the armed forces entitled
to retired or retainer pay.
``(f) User Fee Authority.--(1) The Secretary of Defense shall
prescribe regulations that impose a user fee on individuals who are
eligible solely under this section to purchase merchandise at a
commissary store or MWR retail facility.
``(2) The Secretary shall set the user fee under this subsection at
a rate that the Secretary determines will offset any increase in
expenses arising from this section borne by the Department of the
Treasury on behalf of commissary stores associated with the use of
credit or debit cards for customer purchases, including expenses
related to card network use and related transaction processing fees.
``(3) The Secretary shall deposit funds collected pursuant to a
user fee under this subsection in the General Fund of the Treasury.
``(4) Any fee under this subsection is in addition to the uniform
surcharge under section 2484(d) of this title.
``(g) Definitions.--In this section:
``(1) The term `MWR facilities' includes--
``(A) MWR retail facilities, as that term is defined in
section 1063(e) of this title; and
``(B) military lodging operated by the Department of
Defense for the morale, welfare, and recreation of members of
the armed forces.
``(2) The term `Medal of Honor recipient' has the meaning given
that term in section 1074h(c) of this title.
``(3) The terms `veteran', `former prisoner of war', and
`service-connected' have the meanings given those terms in section
101 of title 38.
``(4) The terms `caregiver' and `family caregiver' have the
meanings given those terms in section in section 1720G(d) of title
38.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 54 of title 10, United States Code, is amended by adding
at the end the following new item:
``1065. Use of commissary stores and MWR facilities: certain veterans
and caregivers for veterans.''.
(3) Effective date.--Section 1065 of title 10, United States
Code, as added by paragraph (1), shall take effect on January 1,
2020.
(4) Briefing required.--Not later than October 1, 2019, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a briefing on
the plan of the Secretary to implement section 1065 of title 10,
United States Code, as added by paragraph (1).
SEC. 622. TECHNICAL CORRECTIONS IN CALCULATION AND PUBLICATION OF
SPECIAL SURVIVOR INDEMNITY ALLOWANCE COST OF LIVING ADJUSTMENTS.
(a) Months for Which Adjustment Applicable.--Paragraph (2) of
section 1450(m) of title 10, United States Code, is amended--
(1) in subparagraph (I), by striking ``December'' and inserting
``November''; and
(2) in subparagraph (J), by striking ``for months during any
calendar year after 2018'' and inserting ``for months after
November 2018''.
(b) Cost of Living Adjustment.--Paragraph (6) of such section is
amended--
(1) in the paragraph heading, by striking ``after 2018'' and
inserting ``after november 2018''; and
(2) by striking subparagraphs (A) and (B) and inserting the
following new subparagraphs:
``(A) In general.--Whenever retired pay is increased for a
month under section 1401a of this title (or any other provision
of law), the amount of the allowance payable under paragraph
(1) for that month shall also be increased.
``(B) Amount of increase.--With respect to an eligible
survivor of a member of the uniformed services, the increase
for a month shall be--
``(i) the amount payable pursuant to paragraph (2) for
months during the preceding 12-month period; plus
``(ii) an amount equal to a percentage of the amount
determined pursuant to clause (i), which percentage is the
percentage by which the retired pay of the member would
have increased for the month, as described in subparagraph
(A), if the member was alive (and otherwise entitled to
such pay).
``(C) Rounding down.--The monthly amount of an allowance
payable under this subsection, if not a multiple of $1, shall
be rounded to the next lower multiple of $1.
``(D) Public notice on amount of allowance payable.--
Whenever an increase in the amount of the allowance payable
under paragraph (1) is made pursuant to this paragraph, the
Secretary of Defense shall publish the amount of the allowance
so payable by reason of such increase, including the months for
which payable.''.
(c) Effective Date.--The amendments made by this section shall take
effect on December 1, 2018.
SEC. 623. AUTHORITY TO AWARD DAMAGED PERSONAL PROTECTIVE EQUIPMENT
TO MEMBERS SEPARATING FROM THE ARMED FORCES AND VETERANS AS
MEMENTOS OF MILITARY SERVICE.
(a) In General.--Chapter 152 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2568a. Damaged personal protective equipment: award to members
separating from the Armed Forces and veterans
``(a) In General.--The Secretary of a military department, acting
through a disposition service distribution center of the Defense
Logistics Agency, may award to a covered individual the demilitarized
PPE of that covered individual. The award of PPE under this section
shall be without cost to the covered individual.
``(b) Definitions.--In this section:
``(1) The term `covered individual' means--
``(A) a member of the armed forces--
``(i) under the jurisdiction of the Secretary
concerned; and
``(ii) who is separating from the armed forces; or
``(B) a veteran who was under the jurisdiction of the
Secretary concerned while a member of the armed forces.
``(2) The term `PPE' means personal protective equipment that
was damaged in combat or otherwise--
``(A) during the deployment of a covered individual; and
``(B) after September 11, 2001.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 152 of such title is amended by adding at the end the following
new item:
``2568a. Damaged personal protective equipment: award to members
separating from the armed forces and veterans.''.
SEC. 624. SPACE-AVAILABLE TRAVEL ON DEPARTMENT OF DEFENSE AIRCRAFT
FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES RATED AS TOTAL.
(a) In General.--Subsection (c) of section 2641b of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Subject to subsection (f), veterans with a permanent
service-connected disability rated as total.''.
(b) Conditions and Limitations.--Such section is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Veterans With Service-connected Disabilities Rated as
Total.--(1) Travel may not be provided under this section to a veteran
eligible for travel pursuant to subsection (c)(4) in priority over any
member eligible for travel under subsection (c)(1) or any dependent of
such a member eligible for travel under this section.
``(2) The authority in subsection (c)(4) may not be construed as
affecting or in any way imposing on the Department of Defense, any
armed force, or any commercial company with which they contract an
obligation or expectation that they will retrofit or alter, in any way,
military aircraft or commercial aircraft, or related equipment or
facilities, used or leased by the Department or such armed force to
accommodate passengers provided travel under such authority on account
of disability.
``(3) The authority in subsection (c)(4) may not be construed as
preempting the authority of a flight commander to determine who boards
the aircraft and any other matters in connection with safe operation of
the aircraft.''.
SEC. 625. MANDATORY INCREASE IN INSURANCE COVERAGE UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE FOR MEMBERS DEPLOYED TO
COMBAT THEATERS OF OPERATION.
Section 1967(a)(3) of title 38, United States Code, is amended--
(1) in subparagraph (A), by striking ``subparagraphs (B) and
(C)'' and inserting ``subparagraphs (B), (C), and (D)''; and
(2) by adding at the end the following new subparagraph:
``(D) In the case of a member who elects under paragraph (2)(A)
not to be insured under this section, or who elects under
subparagraph (B) to be insured for an amount less than the maximum
amount provided under subparagraph (A), and who is deployed to a
combat theater of operations the member--
``(i) shall be insured under this subchapter for the
maximum amount provided under subparagraph (A) for the period
of such deployment; and
``(ii) upon the end of such deployment--
``(I) shall be insured in the amount elected by the
member under subparagraph (B); or
``(II) shall not be insured, if so elected under
paragraph (2)(A).''.
SEC. 626. ACCESS TO MILITARY INSTALLATIONS FOR CERTAIN SURVIVING
SPOUSES AND OTHER NEXT OF KIN OF MEMBERS OF THE ARMED FORCES WHO
DIE WHILE ON ACTIVE DUTY OR CERTAIN RESERVE DUTY.
(a) Procedures for Access of Surviving Spouses Required.--The
Secretary of Defense, acting jointly with the Secretary of Homeland
Security, shall establish procedures by which an eligible surviving
spouse may obtain unescorted access, as appropriate, to military
installations in order to receive benefits to which the eligible
surviving spouse may be entitled by law or policy.
(b) Procedures for Access of Next of Kin Authorized.--
(1) In general.--The Secretary of Defense, acting jointly with
the Secretary of Homeland Security, may establish procedures by
which the next of kin of a covered member of the Armed Forces, in
addition to an eligible surviving spouse, may obtain access to
military installations for such purposes and under such conditions
as the Secretaries jointly consider appropriate.
(2) Next of kin.--If the Secretaries establish procedures
pursuant to paragraph (1), the Secretaries shall jointly specify
the individuals who shall constitute next of kin for purposes of
such procedures.
(c) Considerations.--Any procedures established under this section
shall--
(1) be applied consistently across the Department of Defense
and the Department of Homeland Security, including all components
of the Departments;
(2) minimize any administrative burden on a surviving spouse or
dependent child, including through the elimination of any
requirement for a surviving spouse to apply as a personal agent for
continued access to military installations in accompaniment of a
dependent child;
(3) take into account measures required to ensure the security
of military installations, including purpose and eligibility for
access and renewal periodicity; and
(4) take into account such other factors as the Secretary of
Defense or the Secretary of Homeland Security considers
appropriate.
(d) Deadline.--The procedures required by subsection (a) shall be
established by the date that is not later than one year after the date
of the enactment of this Act.
(e) Definitions.--In this section:
(1) The term ``eligible surviving spouse'' means an individual
who is a surviving spouse of a covered member of the Armed Forces,
without regard to whether the individual remarries after the death
of the covered member of the Armed Forces.
(2) The term ``covered member of the Armed Forces'' means a
member of the Armed Forces who dies while serving--
(A) on active duty; or
(B) on such reserve duty as the Secretary of Defense and
the Secretary of Homeland Security may jointly specify for
purposes of this section.
SEC. 627. STUDY AND REPORT ON DEVELOPMENT OF A SINGLE DEFENSE
RESALE SYSTEM.
(a) Study.--The Secretary of Defense shall conduct a study to
determine the feasibility of consolidating the military resale entities
into a single defense resale system. Such study shall include the
following:
(1) A financial assessment of consolidation of the military
resale entities.
(2) A business case analysis of consolidation of the military
resale entities.
(3) Organizational, operational, and business model integration
plans for consolidation of the military resale entities.
(4) Determinations of which back-office processes and systems
associated with finance and payment processing technologies the
Secretary could convert to common technologies.
(b) Report.--Not later than January 1, 2019, the Secretary shall
submit a report to the congressional defense committees regarding the
study under subsection (a). That report shall contain the following:
(1) Details of the internal and external organizational
structures of a consolidated defense resale system.
(2) Recommendations of the Secretaries of each of the military
departments regarding the plan to consolidate the military resale
entities.
(3) The costs and associated plan for the merger of
technologies or implementation of new technology from a third-party
provider to standardize financial management and accounting
processes of a consolidated defense resale system.
(4) Best practices to maximize reductions in costs associated
with back-office retail payment processing for a consolidated
defense resale system.
(5) A timeline for converting the Defense Commissary Agency
into a non-appropriated fund instrumentality under section 2484(j)
of title 10, United States Code.
(6) A determination whether the business case analysis supports
consolidation of the military resale entities.
(7) Recommendations of the Secretary for legislation related to
consolidation of the military resale entities.
(8) Other elements the Secretary determines are necessary for a
successful evaluation of a consolidation of the military resale
entities.
(c) Prohibition on Use of Funds.--None of the amounts authorized to
be appropriated or otherwise made available in this Act may be
obligated or expended for the purpose of implementing consolidation of
the military resale entities until October 1, 2019.
(d) Military Resale Entities Defined.--In this section the term
``military resale entities'' means--
(1) the Defense Commissary Agency;
(2) the Army and Air Force Exchange Service;
(3) the Navy Exchange; and
(4) the Marine Corps Exchange.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Cessation of requirement for mental health assessment of
members after redeployment from a contingency operation upon
discharge or release from the Armed Forces.
Sec. 702. Pilot program on treatment of members of the Armed Forces for
post-traumatic stress disorder related to military sexual
trauma.
Subtitle B--Health Care Administration
Sec. 711. Improvement of administration of the Defense Health Agency and
military medical treatment facilities.
Sec. 712. Organizational framework of the military healthcare system to
support the medical requirements of the combatant commands.
Sec. 713. Administration of TRICARE dental plans through the Federal
Employees Dental and Vision Insurance Program.
Sec. 714. Streamlining of TRICARE Prime beneficiary referral process.
Sec. 715. Sharing of information with State prescription drug monitoring
programs.
Sec. 716. Pilot program on opioid management in the military health
system.
Sec. 717. Wounded warrior policy review.
Sec. 718. Medical simulation technology and live tissue training within
the Department of Defense.
Sec. 719. Improvements to trauma center partnerships.
Sec. 720. Improvement to notification to Congress of hospitalization of
combat-wounded members of the Armed Forces.
Subtitle C--Reports and Other Matters
Sec. 731. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 732. Joint forces medical capabilities development and
standardization.
Sec. 733. Inclusion of gambling disorder in health assessments of
members of the Armed Forces and related research efforts.
Sec. 734. Report on requirement for certain former members of the Armed
Forces to enroll in Medicare Part B to be eligible for TRICARE
for Life.
Sec. 735. Pilot program on earning by special operations forces medics
of credit toward a physician assistant degree.
Sec. 736. Strategic medical research plan.
Sec. 737. Comptroller General of the United States review of Defense
Health Agency oversight of transition between managed care
support contractors for the TRICARE program.
Sec. 738. Comptroller General study on availability of long-term care
options for veterans from Department of Veterans Affairs.
Sec. 739. Increase in number of appointed members of the Henry M.
Jackson Foundation for the Advancement of Military Medicine.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. CESSATION OF REQUIREMENT FOR MENTAL HEALTH ASSESSMENT OF
MEMBERS AFTER REDEPLOYMENT FROM A CONTINGENCY OPERATION UPON
DISCHARGE OR RELEASE FROM THE ARMED FORCES.
Section 1074m of title 10, United States Code, is amended--
(1) in subsection (a)(1)(C), by striking ``Once'' and inserting
``Subject to subsection (d), once''; and
(2) in subsection (d), by striking ``subsection (a)(1)(D)'' and
inserting ``subparagraph (C) or (D) of subsection (a)(1)''.
SEC. 702. PILOT PROGRAM ON TREATMENT OF MEMBERS OF THE ARMED FORCES
FOR POST-TRAUMATIC STRESS DISORDER RELATED TO MILITARY SEXUAL
TRAUMA.
(a) In General.--The Secretary of Defense may carry out a pilot
program to assess the feasibility and advisability of using intensive
outpatient programs to treat members of the Armed Forces suffering from
post-traumatic stress disorder resulting from military sexual trauma,
including treatment for substance abuse, depression, and other issues
related to such conditions.
(b) Discharge Through Partnerships.--The pilot program authorized
by subsection (a) shall be carried out through partnerships with
public, private, and non-profit health care organizations,
universities, and institutions that--
(1) provide health care to members of the Armed Forces;
(2) provide evidence-based treatment for psychological and
neurological conditions that are common among members of the Armed
Forces, including post-traumatic stress disorder, traumatic brain
injury, substance abuse, and depression;
(3) provide health care, support, and other benefits to family
members of members of the Armed Forces; and
(4) provide health care under the TRICARE program (as that term
is defined in section 1072 of title 10, United States Code).
(c) Program Activities.--Each organization or institution that
participates in a partnership under the pilot program authorized by
subsection (a) shall--
(1) carry out intensive outpatient programs of short duration
to treat members of the Armed Forces suffering from post-traumatic
stress disorder resulting from military sexual trauma, including
treatment for substance abuse, depression, and other issues related
to such conditions;
(2) use evidence-based and evidence-informed treatment
strategies in carrying out such programs;
(3) share clinical and outreach best practices with other
organizations and institutions participating in the pilot program;
and
(4) annually assess outcomes for members of the Armed Forces
individually and among the organizations and institutions
participating in the pilot program with respect to the treatment of
conditions described in paragraph (1).
(d) Evaluation Metrics.--Before commencement of the pilot program,
the Secretary shall establish metrics to be used to evaluate the
effectiveness of the pilot program and the activities under the pilot
program.
(e) Reports.--
(1) Initial report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the pilot program authorized by
subsection (a). The report shall include a description of the pilot
program and such other matters on the pilot program as the
Secretary considers appropriate.
(2) Final report.--Not later than 180 days after the cessation
of the pilot program under subsection (f), the Secretary shall
submit to the committees of Congress referred to in paragraph (1) a
report on the pilot program. The report shall include the
following:
(A) A description of the pilot program, including the
partnerships under the pilot program as described in subsection
(b).
(B) An assessment of the effectiveness of the pilot program
and the activities under the pilot program.
(C) Such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
pilot program, including recommendations for extension or
making permanent the authority for the pilot program.
(f) Termination.--The Secretary may not carry out the pilot program
authorized by subsection (a) after the date that is three years after
the date of the enactment of this Act.
Subtitle B--Health Care Administration
SEC. 711. IMPROVEMENT OF ADMINISTRATION OF THE DEFENSE HEALTH
AGENCY AND MILITARY MEDICAL TREATMENT FACILITIES.
(a) Administration of Facilities by Director of Defense Health
Agency.--
(1) In general.--Subsection (a) of section 1073c of title 10,
United States Code, is amended--
(A) in paragraph (1), by striking ``Beginning October 1,
2018,'' and inserting ``In accordance with paragraph (4), by
not later than September 30, 2021,'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (5), respectively;
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) In addition to the responsibilities set forth in paragraph
(1), the Director of the Defense Health Agency shall, commencing when
the Director begins to exercise responsibilities under that paragraph,
have the authority--
``(A) to direct, control, and serve as the primary rater of the
performance of commanders or directors of military medical
treatment facilities;
``(B) to direct and control any intermediary organizations
between the Defense Health Agency and military medical treatment
facilities;
``(C) to determine the scope of medical care provided at each
military medical treatment facility to meet the military personnel
readiness requirements of the senior military operational commander
of the military installation;
``(D) to determine total workforce requirements at each
military medical treatment facility;
``(E) to direct joint manning at military medical treatment
facilities and intermediary organizations;
``(F) to address personnel staffing shortages at military
medical treatment facilities; and
``(G) to select among service nominations for commanders or
directors of military medical treatment facilities.'';
(D) by inserting after paragraph (3), as redesignated by
subparagraph (B), the following new paragraph (4):
``(4) The Secretary of Defense shall establish a timeline to ensure
that each Secretary of a military department transitions the
administration of military medical treatment facilities from such
Secretary to the Director of the Defense Health Agency pursuant to
paragraph (1) by the date specified in such paragraph.''; and
(E) in paragraph (5), as so redesignated, by striking
``subsection (a)'' and inserting ``paragraphs (1) and (2)''.
(2) Combat support responsibilities.--Subsection (d)(2) of such
section is amended by adding at the end the following new
subparagraph:
``(C) Ensuring that the Defense Health Agency meets the
military medical readiness requirements of the senior military
operational commanders of the military installations.''.
(3) Limitation on closures and downsizings in connection with
transition of administration.--In carrying out the transition of
responsibility for the administration of military medical treatment
facilities pursuant to subsection (a) of section 1073c of title 10,
United States Code (as amended by paragraph (1)), and in addition
to any other applicable requirements under section 1073d of that
title, the Secretary of Defense may not close any military medical
treatment facility, or downsize any medical center, hospital, or
ambulatory care center (as specified in section 1073d of that
title), that addresses the medical needs of beneficiaries and the
community in the vicinity of such facility, center, hospital, or
care center until the Secretary submits to the congressional
defense committees a report setting forth the following:
(A) A description of the methodology and criteria to be
used by the Secretary to make decisions to close any military
medical treatment facility, or to downsize any medical center,
hospital, or ambulatory care center, in connection with the
transition, including input from the military department
concerned.
(B) A requirement that no closure of a military medical
treatment facility, or downsizing of a medical center,
hospital, or ambulatory care center, in connection with the
transition will occur until 90 days after the date on which
Secretary submits to the Committees on Armed Services of the
Senate and the House of Representatives a report on the closure
or downsizing.
(b) Additional Defense Health Agency Organizations.--
(1) In general.--Section 1073c of such title is further
amended--
(A) by redesignating subsection (e) as subsection (f); and
(B) by inserting after subsection (d) the following new
subsection (e):
``(e) Additional DHA Organizations.--Not later than September 30,
2022, the Secretary of Defense shall, acting though the Director of the
Defense Health Agency, establish within the Defense Health Agency the
following:
``(1) A subordinate organization, to be called the Defense
Health Agency Research and Development--
``(A) led, at the election of the Director, by a director
or commander (to be called the Director or Commander of Defense
Health Agency Research and Development);
``(B) comprised of the Army Medical Research and Materiel
Command and such other medical research organizations and
activities of the armed forces as the Secretary considers
appropriate; and
``(C) responsible for coordinating funding for Defense
Health Program Research, Development, Test, and Evaluation, the
Congressionally Directed Medical Research Program, and related
Department of Defense medical research.
``(2) A subordinate organization, to be called the Defense
Health Agency Public Health--
``(A) led, at the election of the Director, by a director
or commander (to be called the Director or Commander of Defense
Health Agency Public Health); and
``(B) comprised of the Army Public Health Command, the
Navy-Marine Corps Public Health Command, Air Force public
health programs, and any other related defense health
activities that the Secretary considers appropriate, including
overseas laboratories focused on preventive medicine,
environmental health, and similar matters.''.
(2) Report on feasibility of further additional organization in
dha.--Not later than 270 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 a study, conducted by the Secretary for purposes of the
report, of the feasibility of establishing with the Defense Health
Agency a subordinate organization, to be called the Defense Health
Agency Education and Training, to be led by the President of the
Uniformed Services University of the Health Sciences and to be
comprised of the current Medical Education and Training Campus, the
Uniformed Services University of the Health Sciences, the medical
education and training commands of the Armed Forces, and such other
elements, facilities, and commands of the Department of Defense as
the Secretary considers appropriate.
(c) Report on Feasibility of Superseding Organization for DHA.--
(1) Report required.--Not later than 270 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 a study, conducted by the Secretary for
purposes of the report, of the feasibility of establishing a
command, to be called the Defense Health Command, as a superseding
organization to the Defense Health Agency.
(2) Elements.--If the Secretary determines in the report under
paragraph (1) that a command as a superseding organization to the
Defense Health Agency is feasible, the report shall include the
following:
(A) A description of the required responsibilities of the
commander of the command.
(B) A description of any current organizations that support
the Defense Health Agency to be included in the command.
(C) A description of any authorities required for the
leadership and direction of the command.
(D) Any other matters in the connection with the
establishment, operations, and activities of the command that
the Secretary considers appropriate.
SEC. 712. ORGANIZATIONAL FRAMEWORK OF THE MILITARY HEALTHCARE
SYSTEM TO SUPPORT THE MEDICAL REQUIREMENTS OF THE COMBATANT
COMMANDS.
(a) Organizational Framework Required.--
(1) In general.--The Secretary of Defense shall, acting through
the Director of the Defense Health Agency, implement an
organizational framework for the military healthcare system that
most effectively implements chapter 55 of title 10, United States
Code, in a manner that maximizes interoperability and fully
integrates medical capabilities of the Armed Forces in order to
enhance joint military medical operations in support of
requirements of the combatant commands.
(2) Compliance with certain requirements.--The organizational
framework, as implemented, shall comply with all requirements of
section 1073c of title 10, United States Code, except for the
implementation date specified in subsection (a) of such section.
(b) Defense Health Regions in CONUS.--The organizational framework
required by subsection (a) shall meet the requirements as follows:
(1) Defense health regions.--There shall be not more than two
defense health regions in the continental United States.
(2) Leaders.--Each region under paragraph (1) shall be led by a
commander or director who is a member of the Armed Forces serving
in a grade not higher than major general or rear admiral, and who--
(A) shall be selected by the Director of the Defense Health
Agency from among members of the Armed Forces recommended by
the Secretaries of the military departments for service in such
position; and
(B) shall be under the authority, direction, and control of
the Director while serving in such position.
(c) Defense Health Regions OCONUS.--The organizational framework
required by subsection (a) shall provide for the establishment of not
more than two defense health regions outside the continental United
States in order--
(1) to enhance joint military medical operations in support of
the requirements of the combatant commands in such region or
regions, with a specific focus on current and future contingency
and operational plans;
(2) to ensure the provision of high-quality healthcare services
to beneficiaries; and
(3) to improve the interoperability of healthcare delivery
systems in the defense health regions (whether under this
subsection, subsection (b), or both).
(d) Planning and Coordination.--
(1) Sustainment of clinical competencies and staffing.--The
Director of the Defense Health Agency shall--
(A) provide in each defense health region under this
section healthcare delivery venues for uniformed medical and
dental personnel to obtain operational clinical competencies;
and
(B) coordinate with the military departments to ensure that
staffing at military medical treatment facilities in each
region supports readiness requirements for members of the Armed
Forces and military medical personnel.
(2) Oversight and allocation of resources.--
(A) In general.--The Director shall, consistent with
section 193 of title 10, United States Code, coordinate with
the Chairman of the Joint Chiefs of Staff, through the Joint
Staff Surgeon, to conduct oversight and direct resources to
support requirements related to readiness and operational
medicine support that are validated by the Joint Staff.
(B) Supply and demand for medical services.--Based on
operational medical force readiness requirements of the
combatant commands validated by the Joint Staff, the Director
shall--
(i) validate supply and demand requirements for medical
and dental services at each military medical treatment
facility;
(ii) in coordination with the Surgeons General of the
Armed Forces, provide currency workload for uniformed
medical and dental personnel at each such facility to
maintain skills proficiency; and
(iii) if workload is insufficient to meet requirements,
identify alternative training and clinical practice sites
for uniformed medical and dental personnel, and establish
military-civilian training partnerships, to provide such
workload.
(e) Additional Duties of Surgeons General of the Armed Forces.--
(1) In general.--The Surgeons General of the Armed Forces shall
have the duties as follows:
(A) To assign uniformed medical and dental personnel of the
military department concerned to military medical treatment
facilities for training activities specific to such military
department and for operational and training missions, during
which assignment such personnel shall be under the operational
control of the commander or director of the military medical
treatment facility concerned, subject to the authority,
direction, and control of the Director of the Defense Health
Agency.
(B) To ensure the readiness for operational deployment of
medical and dental personnel and deployable medical or dental
teams or units of the Armed Force or Armed Forces concerned.
(C) To provide logistical support for operational
deployment of medical and dental personnel and deployable
medical or dental teams or units of the Armed Force or Armed
Forces concerned.
(D) To oversee mobilization and demobilization in
connection with the operational deployment of medical and
dental personnel of the Armed Force or Armed Forces concerned.
(E) To carry out operational medical and dental force
development for the military department concerned.
(F) In coordination with the Secretary concerned, to ensure
that the operational medical force readiness organizations of
the Armed Forces support the medical and dental readiness
responsibilities of the Director.
(G) To develop operational medical capabilities required to
support the warfighter, and to develop policy relating to such
capabilities.
(H) To provide health professionals to serve in leadership
positions across the military healthcare system.
(2) Medical force requirements of the combatant commands.--The
Surgeon General of each Armed Force shall, on behalf of the
Secretary concerned, ensure that the uniformed medical and dental
personnel serving in such Armed Force receive training and clinical
practice opportunities necessary to ensure that such personnel are
capable of meeting the operational medical force requirements of
the combatant commands applicable to such personnel. Such training
and practice opportunities shall be provided through programs and
activities of the Defense Health Agency and by such other
mechanisms as the Secretary of Defense shall designate for purposes
of this paragraph.
(3) Construction of duties.--The duties of a Surgeon General of
the Armed Forces under this subsection are in addition to the
duties of such Surgeon General under section 3036, 5137, or 8036 of
title 10, United States Code, as applicable.
(f) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report that sets forth the following:
(1) A description of the organizational structure of the office
of each Surgeon General of the Armed Forces, and of any subordinate
organizations of the Armed Forces that will support the functions
and responsibilities of a Surgeon General of the Armed Forces.
(2) The manning documents for staffing in support of the
organizational structures described pursuant to paragraph (1),
including manning levels before and after such organizational
structures are implemented.
(3) Such recommendations for legislative or administrative
action as the Secretary considers appropriate in connection with
the implementation of such organizational structures and, in
particular, to avoid duplication of functions and tasks between the
organizations in such organizational structures and the Defense
Health Agency.
SEC. 713. ADMINISTRATION OF TRICARE DENTAL PLANS THROUGH THE
FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM.
(a) Eligibility of Additional Beneficiaries Under Federal Employees
Dental and Vision Insurance Program.--Section 8951(8) of title 5,
United States Code, is amended by striking ``1076c'' and inserting
``1076a or 1076c''.
(b) Administration of TRICARE Dental Plans.--Subsection (b) of
section 1076a of title 10, United States Code, is amended to read as
follows:
``(b) Administration of Plans.--The plans established under this
section shall be administered by the Secretary of Defense through an
agreement with the Director of the Office of Personnel Management to
allow persons described in subsection (a) to enroll in an insurance
plan under chapter 89A of title 5, in accordance with terms prescribed
by the Secretary, including terms, to the extent practical, as defined
by the Director through regulation, consistent with subsection (d) and,
to the extent practicable in relation to such chapter 89A, other
provisions of this section.''.
(c) Applicability.--The amendments made by this section shall apply
with respect to the first contract year for chapter 89A of title 5,
United States Code, that begins on or after January 1, 2022.
(d) Transition.--To ensure a successful transition pursuant to the
amendments made by this section in the administration of the TRICARE
dental plans under section 1076a of title 10, United States Code, the
Secretary of Defense shall ensure that the contractor for such plans
provides claims information under such plans to carriers providing
dental coverage under chapter 89A of title 5, United States Code, after
the transition.
(e) Report.--
(1) In general.--Not later than January 1, 2020, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the transition
in the administration of the TRICARE dental insurance plan for
retirees from administration by the Department of Defense as the
TRICARE Retiree Dental Plan to administration by the Office of
Personnel Management as part of the Federal Employees Dental and
Vision Insurance Program.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of lessons learned from the transition of
the administration of the TRICARE dental insurance plan for
retirees from administration by the Department as the TRICARE
Retiree Dental Plan to administration by the Office of
Personnel Management as part of the Federal Employees Dental
and Vision Insurance Program.
(B) An assessment of the effectiveness of the transition.
(C) A timeline for the implementation plan for the
transition of the administration of the TRICARE dental plans
under section 1076a of title 10, United States Code, to
administration as part of the Federal Employees Dental and
Vision Insurance Program pursuant to the amendments made by
this section.
SEC. 714. STREAMLINING OF TRICARE PRIME BENEFICIARY REFERRAL
PROCESS.
(a) In General.--The Secretary of Defense shall streamline the
process under section 1095f of title 10, United States Code, by which
beneficiaries enrolled in TRICARE Prime are referred to the civilian
provider network for inpatient or outpatient care under the TRICARE
program.
(b) Objectives.--In carrying out the requirement in subsection (a),
the Secretary shall meet the following objectives:
(1) The referral process shall model best industry practices
for referrals from primary care managers to specialty care
providers.
(2) The process shall limit administrative requirements for
enrolled beneficiaries.
(3) Beneficiary preferences for communications relating to
appointment referrals using state-of-the-art information technology
shall be used to expedite the process.
(4) There shall be effective and efficient processes to
determine the availability of appointments at military medical
treatment facilities and, when unavailable, to make prompt
referrals to network providers under the TRICARE program.
(c) Deadline for Implementation.--The requirement in subsection (a)
shall be implemented for referrals under TRICARE Prime in calendar year
2019.
(d) Evaluation and Improvement.--After 2019, the Secretary shall--
(1) evaluate the referral process described in subsection (a)
not less often than annually; and
(2) make appropriate improvements to the process in light of
such evaluations.
(e) Definitions.--In this section, the terms ``TRICARE program''
and ``TRICARE Prime'' have the meaning given such terms in section 1072
of title 10, United States Code.
SEC. 715. SHARING OF INFORMATION WITH STATE PRESCRIPTION DRUG
MONITORING PROGRAMS.
(a) In General.--Section 1074g of title 10, United States Code, is
amended--
(1) by redesignating subsections (g) and (h) as subsections (h)
and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Sharing of Information With State Prescription Drug
Monitoring Programs.--(1) The Secretary of Defense shall establish and
maintain a program (to be known as the `Military Health System
Prescription Drug Monitoring Program') in accordance with this
subsection. The program shall include a special emphasis on drugs
provided through facilities of the uniformed services.
``(2) The program shall be--
``(A) comparable to prescription drug monitoring programs
operated by States, including such programs approved by the
Secretary of Health and Human Services under section 399O of the
Public Health Service Act (42 U.S.C. 280g-3); and
``(B) applicable to designated controlled substance
prescriptions under the pharmacy benefits program.
``(3)(A) The Secretary shall establish appropriate procedures for
the bi-directional sharing of patient-specific information regarding
prescriptions for designated controlled substances between the program
and State prescription drug monitoring programs.
``(B) The purpose of sharing of information under this paragraph
shall be to prevent misuse and diversion of opioid medications and
other designated controlled substances.
``(C) Any disclosure of patient-specific information by the
Secretary under this paragraph is an authorized disclosure for purposes
of the health information privacy regulations promulgated under the
Health Insurance Portability and Accountability Act of 1996 (Public Law
104-191).
``(4)(A) Any procedures developed pursuant to paragraph (3)(A)
shall include appropriate safeguards, as determined by the Secretary,
concerning cyber security of Department of Defense systems and
operational security of Department personnel.
``(B) To the extent the Secretary considers appropriate, the
program may be treated as comparable to a State program for purposes of
bi-directional sharing of controlled substance prescription
information.
``(5) For purposes of this subsection, any reference to a program
operated by a State includes any program operated by a county,
municipality, or other subdivision within that State.''.
(b) Conforming Amendment.--Section 1079(q) of such title is amended
by striking ``section 1074g(g)'' and inserting ``section 1074g(h)''.
SEC. 716. PILOT PROGRAM ON OPIOID MANAGEMENT IN THE MILITARY HEALTH
SYSTEM.
(a) Pilot Program.--
(1) In general.--Beginning not later than 180 days after the
date of the enactment of this Act, the Director of the Defense
Health Agency shall implement a comprehensive pilot program to
assess the feasability and advisability of mechanisms to minimize
early exposure of beneficiaries under the TRICARE program to
opioids and to prevent the progression of beneficiaries to misuse
or abuse of opioid medications.
(2) Opioid safety across continuum of care.--The pilot program
shall include elements to maximize opioid safety across the entire
continuum of care consisting of patient, physician or dentist, and
pharmacist.
(b) Elements of Pilot Program.--The pilot program shall include the
following:
(1) Identification of potential misuse or abuse of opioid
medications in pharmacies of military treatment facilities, retail
network pharmacies, and the home delivery pharmacy, and the
transmission of alerts regarding such potential misuse or abuse of
opioids to prescribing physicians and dentists.
(2) Direct engagement with, education for, and management of
beneficiaries under the TRICARE program to help such beneficiaries
avoid misuse or abuse of opioid medications.
(3) Proactive outreach by specialist pharmacists to
beneficiaries under the TRICARE program when identifying potential
misuse or abuse of opioid medications.
(4) Monitoring of beneficiaries under the TRICARE program
through the use of predictive analytics to identify the potential
for opioid abuse and addiction before beneficiaries begin an opioid
prescription.
(5) Detection of fraud, waste, and abuse in connection with
opioids.
(c) Duration.--
(1) In general.--Except as provided in paragraph (2), the
Director shall carry out the pilot program for a period of not more
than three years.
(2) Expansion.--The Director may carry out the pilot program on
a permanent basis if the Director determines that the mechanisms
under the pilot program successfully reduce early opioid exposure
in beneficiaries under the TRICARE program and prevent the
progression of beneficiaries to misuse or abuse of opioid
medications.
(d) Report.--
(1) In general.--Not later than 180 days before completion of
the pilot program, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the pilot program.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the pilot program, including outcome
measures developed to determine the overall effectiveness of
the mechanisms under the pilot program.
(B) A description of the ability of the mechanisms under
the pilot program to identify misuse and abuse of opioid
medications among beneficiaries under the TRICARE program in
each pharmacy venue of the pharmacy program of the military
health system.
(C) A description of the impact of the use of predictive
analytics to monitor beneficiaries under the TRICARE program in
order to identify the potential for opioid abuse and addiction
before beneficiaries begin an opioid prescription.
(D) A description of any reduction in the misuse or abuse
of opioid medications among beneficiaries under the TRICARE
program as a result of the pilot program.
(e) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given that term in section 1072 of title 10,
United States Code.
SEC. 717. WOUNDED WARRIOR POLICY REVIEW.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall review and update
policies and procedures relating to the care and management of
recovering service members. In conducting such review, the Secretary
shall consider best practices--
(1) in the care of recovering service members;
(2) in the administrative management relating to such care;
(3) to carry out applicable provisions of Federal law; and
(4) recommended by the Comptroller General of the United States
in the report titled ``Army Needs to Improve Oversight of Warrior
Transition Units''.
(b) Scope of Policy.--In carrying out subsection (a), the Secretary
shall update policies of the Department of Defense with respect to each
of the following:
(1) The case management coordination of members of the Armed
Forces between the military departments and the military medical
treatment facilities administered by the Director of the Defense
Health Agency pursuant to section 1073c of title 10, United States
Code, including with respect to the coordination of--
(A) appointments;
(B) rehabilitative services;
(C) recuperation in an outpatient status;
(D) contract care provided by a private health care
provider outside of a military medical treatment facility;
(E) the disability evaluation system; and
(F) other administrative functions relating to the military
department.
(2) The transition of a member of the Armed Forces who is
retired under chapter 61 of title 10, United States Code, from
receiving treatment furnished by the Secretary of Defense to
treatment furnished by the Secretary of Veterans Affairs.
(3) Facility standards related to lodging and accommodations
for recovering service members and the family members and non-
medical attendants of recovering service members.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and Secretaries of the
military departments shall jointly submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
review conducted under subsection (a), including a description of the
policies updated pursuant to subsection (b).
(d) Definitions.--In this section, the terms ``disability
evaluation system'', ``outpatient status'', and ``recovering service
members'' have the meaning given those terms in section 1602 of the
Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071
note).
SEC. 718. MEDICAL SIMULATION TECHNOLOGY AND LIVE TISSUE TRAINING
WITHIN THE DEPARTMENT OF DEFENSE.
(a) In General.--
(1) Use of simulation technology.--Except as provided by
paragraph (2), the Secretary of Defense shall use medical
simulation technology, to the maximum extent practicable, before
the use of live tissue training to train medical professionals and
combat medics of the Department of Defense.
(2) Determination.--The use of live tissue training within the
Department of Defense may be used as determined necessary by the
medical chain of command.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff and the Secretaries of the
military departments, shall provide a briefing to the Committees on
Armed Services of the House of Representatives and the Senate on the
use and benefit of medical simulation technology and live tissue
training within the Department of Defense to train medical
professionals, combat medics, and members of the Special Operations
Forces.
(c) Elements.--The briefing under subsection (b) shall include the
following:
(1) A discussion of the benefits and needs of both medical
simulation technology and live tissue training.
(2) Ways and means to enhance and advance the use of simulation
technologies in training.
(3) An assessment of current medical simulation technology
requirements, gaps, and limitations.
(4) An overview of Department of Defense medical training
programs, as of the date of the briefing, that use live tissue
training and medical simulation technologies.
(5) Any other matters the Secretary determines appropriate.
SEC. 719. IMPROVEMENTS TO TRAUMA CENTER PARTNERSHIPS.
Section 708(c) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 1071 note) is amended--
(1) in paragraph (1), by striking ``large metropolitan teaching
hospitals that have level I civilian'';
(2) in paragraph (2)--
(A) by striking ``with civilian academic medical centers
and large metropolitan teaching hospitals''; and
(B) by striking ``the trauma centers of the medical centers
and hospitals'' and inserting ``trauma centers''; and
(3) in paragraph (3), by striking ``large metropolitan teaching
hospitals'' and inserting ``trauma centers''.
SEC. 720. IMPROVEMENT TO NOTIFICATION TO CONGRESS OF
HOSPITALIZATION OF COMBAT-WOUNDED MEMBERS OF THE ARMED FORCES.
Section 1074l(a) of title 10, United States Code, is amended by
striking ``admitted to a military treatment facility within the United
States'' and inserting ``admitted to any military medical treatment
facility''.
Subtitle C--Reports and Other Matters
SEC. 731. 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 most recently
amended by section 719 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1440), is further
amended by striking ``September 30, 2019'' and inserting ``September
30, 2020''.
SEC. 732. JOINT FORCES MEDICAL CAPABILITIES DEVELOPMENT AND
STANDARDIZATION.
(a) Process Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
coordination with the Secretaries of the military departments and the
Chairman of the Joint Chiefs of Staff, develop a process to establish
required joint force medical capabilities for members of the Armed
Forces that meet the operational planning requirements of the combatant
commands.
(b) Process Elements.--The process developed under subsection (a)
shall include the following:
(1) A joint medical estimate to determine the medical
requirements for treating members of the Armed Forces who are
wounded, ill, or injured during military operations, including with
respect to environmental health and force health protection.
(2) A process to review and revise military health related
mission essential tasks in order to ensure that such tasks are
aligned with health professional knowledge, skills, and abilities.
(3) A process to standardize the interoperability of medical
equipment and capabilities to support the joint force.
(c) Report.--Not later than June 1, 2019, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report describing the process developed
under subsection (a).
SEC. 733. INCLUSION OF GAMBLING DISORDER IN HEALTH ASSESSMENTS OF
MEMBERS OF THE ARMED FORCES AND RELATED RESEARCH EFFORTS.
(a) Inclusion in Next Annual Periodic Health Assessments.--The
Secretary of Defense shall incorporate medical screening questions
specific to gambling disorder into the Annual Periodic Health
Assessments of members of the Armed Forces conducted by the Department
of Defense during the one-year period beginning 180 days after the date
of the enactment of this Act.
(b) Inclusion in Certain Surveys.--The Secretary shall incorporate
into ongoing research efforts of the Department questions on gambling
disorder, as appropriate, including by restoring such questions to the
following:
(1) The first Health Related Behaviors Survey of Active Duty
Military Personnel conducted after the date of the enactment of
this Act.
(2) The first Health Related Behaviors Survey of Reserve
Component Personnel conducted after that date.
(c) Reports.--Not later than one year after the date of the
completion of the assessment referred to in subsection (a), and of each
survey referred to in subsection (b), as modified pursuant to this
section, the Secretary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the findings
of the assessment or survey in connection with the prevalence of
gambling disorder among members of the Armed Forces.
SEC. 734. REPORT ON REQUIREMENT FOR CERTAIN FORMER MEMBERS OF THE
ARMED FORCES TO ENROLL IN MEDICARE PART B TO BE ELIGIBLE FOR
TRICARE FOR LIFE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, the Secretary of
Health and Human Services, and the Commissioner of Social Security
shall jointly submit to the Committees on Armed Services of the House
of Representatives and the Senate, the Committee on Ways and Means of
the House of Representatives, and the Committee on Finance of the
Senate a report on the findings of a study, conducted by the
Secretaries for purposes of the report, on the requirement that a
covered individual enroll in the supplementary medical insurance
program under part B of title XVIII of the Social Security Act (42
U.S.C. 1395j et seq.) in order to be eligible for TRICARE for Life.
(b) Matters Included.--The study under subsection (a) shall include
the following:
(1) An analysis of whether the requirement described in such
subsection affects covered individuals from returning to work.
(2) The number of individuals who--
(A) are retired from the Armed Forces under chapter 61 of
title 10, United States Code;
(B) are entitled to hospital insurance benefits under part
A of title XVIII of the Social Security Act pursuant to
receiving benefits for 24 months as described in subparagraph
(A) or (C) of section 226(b)(2) of such Act (42 U.S.C.
426(b)(2)); and
(C) because of such entitlement, are no longer enrolled in
TRICARE Standard, TRICARE Prime, TRICARE Extra, or TRICARE
Select.
(3) The number of covered individuals who would potentially
enroll in TRICARE for Life but not enroll in the supplementary
medical insurance program under part B of title XVIII of the Social
Security Act (42 U.S.C. 1395j et seq.) if able.
(c) Definitions.--In this section:
(1) The term ``covered individual'' means an individual--
(A) who is under 65 years of age;
(B) who is entitled to hospital insurance benefits under
part A of title XVIII of the Social Security Act pursuant to
subparagraph (A) or (C) of section 226(b)(2) of such Act (42
U.S.C. 426(b)(2));
(C) whose entitlement to a benefit described in
subparagraph (A) of such section has terminated due to
performance of substantial gainful activity; and
(D) who is retired under chapter 61 of title 10, United
States Code.
(2) The terms ``TRICARE for Life'', ``TRICARE Extra'',
``TRICARE Standard'', ``TRICARE Select'', and ``TRICARE Prime''
have the meanings given those terms in section 1072 of title 10,
United States Code.
SEC. 735. PILOT PROGRAM ON EARNING BY SPECIAL OPERATIONS FORCES
MEDICS OF CREDIT TOWARD A PHYSICIAN ASSISTANT DEGREE.
(a) In General.--The Assistant Secretary of Defense for Health
Affairs may conduct a pilot program to assess the feasibility and
advisability of partnerships between special operations forces and
institutions of higher education, and health care systems if determined
appropriate by the Assistant Secretary for purposes of the pilot
program, through which special operations forces medics earn credit
toward the master's degree of physician assistant for military
operational work and training performed by the medics.
(b) Duration.--The Assistant Secretary shall conduct the pilot
program for a period not to exceed five years.
(c) Clinical Training.--Partnerships under subsection (a) shall
permit medics participating in the pilot program to conduct clinical
training at medical facilities of the Department of Defense and the
civilian sector.
(d) Evaluation.--The evaluation of work and training performed by
medics for which credits are earned under the pilot program shall
comply with civilian clinical evaluation standards applicable to the
awarding of the master's degree of physician assistant.
(e) Reports.--
(1) Initial report.--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 pilot program that shall include
the following:
(A) A comprehensive framework for the military education to
be provided to special operations forces medics under the pilot
program, including courses of instruction at institutions of
higher education and any health care systems participating in
the pilot program.
(B) Metrics to be used to assess the effectiveness of the
pilot program.
(C) A description of the mechanisms to be used by the
Department, medics, or both to cover the costs of education
received by medics under the pilot program through institutions
of higher education or health care systems, including payment
by the Department in return for a military service commitment,
tuition or other educational assistance by the Department, use
by medics of post-9/11 educational assistance available through
the Department of Veterans Affairs, and any other mechanisms
the Secretary considers appropriate for purposes of the pilot
program.
(2) Final report.--Not later than 180 days after completion of
the pilot program, the Secretary shall submit to the committees of
Congress referred to in paragraph (1) a final report on the pilot
program. The report shall include the following:
(A) An evaluation of the pilot program using the metrics of
assessment set forth pursuant to paragraph (1)(B).
(B) An assessment of the utility of the funding mechanisms
set forth pursuant to paragraph (1)(C).
(C) An assessment of the effects of the pilot program on
recruitment and retention of medics for special operations
forces.
(D) An assessment of the feasibility and advisability of
extending one or more authorities for joint professional
military education under chapter 107 of title 10, United States
Code, to warrant officers or enlisted personnel, and if the
Secretary considers the extension of any such authorities
feasible and advisable, recommendations for legislative or
administrative action to so extend such authorities.
(f) Construction of Authorities.--Nothing in this section may be
construed to--
(1) authorize an officer or employee of the Federal Government
to create, endorse, or otherwise incentivize a particular
curriculum or degree track; or
(2) require, direct, review, or control a State or educational
institution, or the instructional content, curriculum, and related
activities of a State or educational institution.
SEC. 736. STRATEGIC MEDICAL RESEARCH PLAN.
(a) Plan.--Not later than 30 days after the date on which the
budget of the President for fiscal year 2020 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, the Secretary
of Defense, in consultation with the Secretaries of the military
departments, shall submit to the congressional defense committees a
comprehensive strategic medical research plan.
(b) Matters Included.--The plan under subsection (a) shall include
the following:
(1) A description of all medical research focus areas of the
Department of Defense and a description of the coordination process
to ensure the focus areas are linked to military readiness, joint
force requirements, and relevance to individuals eligible for care
at military medical treatment facilities or through the TRICARE
program.
(2) A description of the medical research projects funded under
the Defense Health Program account and the projects under the
Congressional Directed Medical Research Program.
(3) A description of the process to ensure synergy across the
military medical research community in order to address gaps in
military medical research, minimize duplication of research, and
promote collaboration within research focus areas.
(4) A description of the efforts of the Secretary to coordinate
with other departments and agencies of the Federal Government to
increase awareness of complementary medical research efforts that
are being carried out through the Federal Government.
SEC. 737. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF
DEFENSE HEALTH AGENCY OVERSIGHT OF TRANSITION BETWEEN MANAGED
CARE SUPPORT CONTRACTORS FOR THE TRICARE PROGRAM.
(a) Briefing and Report on Current Transition.--
(1) In general.--The Comptroller General of the United States
shall provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing and a report on a review by
the Comptroller General of the oversight conducted by the Defense
Health Agency with respect to the current transition between
managed care support contractors for the TRICARE program. The
briefing shall be provided by not later than July 1, 2019.
(2) Elements.--The briefing and report under paragraph (1)
shall each include the following:
(A) A description and assessment of the extent to which the
Defense Health Agency provided guidance and oversight to the
outgoing and incoming managed care support contractors for the
TRICARE program during the transition described in paragraph
(1) and before the start of health care delivery by the
incoming contractor.
(B) A description and assessment of any issues with health
care delivery under the TRICARE program as a result of or in
connection with the transition, and, with respect to such
issues--
(i) the effect, if any, of the guidance and oversight
provided by the Defense Health Agency during the transition
on such issues; and
(ii) the solutions developed by the Defense Health
Agency for remediating any deficiencies in managed care
support for the TRICARE program in connection with such
issues.
(C) A description and assessment of the extent to which the
Defense Health Agency has reviewed any lessons learned from
past transitions between managed care support contractors for
the TRICARE program, and incorporated such lessons into the
transition.
(D) A review of the Department of Defense briefing provided
in accordance with the provisions of the Report of the
Committee on Armed Services of the House of Representatives to
Accompany H.R. 5515 (115th Congress; House Report 115-676) on
TRICARE Managed Care Support Contractor Reporting.
(b) Report on Future Transitions.--Not later than 270 days after
the completion of any future transition between managed care support
contractors for the TRICARE program, the Comptroller General shall
submit to the committees of Congress referred to in subsection (a)(1) a
report on a review by the Comptroller General of the oversight
conducted by the Defense Health Agency with respect to such transition.
The report shall include each description and assessment specified in
subparagraphs (A) through (C) of subsection (a)(2) with respect to such
transition.
(c) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given that term in section 1072 of title 10,
United States Code.
SEC. 738. COMPTROLLER GENERAL STUDY ON AVAILABILITY OF LONG-TERM
CARE OPTIONS FOR VETERANS FROM DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the availability of long-term care options from the
Department of Veterans Affairs for veterans with combat-related
disabilities, including veterans who served in the Armed Forces after
September 11, 2001.
(b) Elements.--The study required by subsection (a) shall--
(1) determine the potential demand for long-term care by
veterans eligible for health care from the Department;
(2) determine the capacity of the Department for providing all
four levels of long-term care, which are independent living,
assisted living, nursing home care, and memory care;
(3) identify the number of veterans with combat-related
disabilities who require a personal care assistant and which
facilities of the Department provide this service; and
(4) examine the value of long-term care benefits provided by
the Department, including personal care assistant services, to
identify the potential elements of a pilot program that affords
aging veterans the choice of receiving long-term care benefits at
nonprofit continuing care retirement communities.
(c) Report.--Not later than January 1, 2020, the Comptroller
General shall submit to the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate and the Committee on Armed
Services and the Committee on Veterans' Affairs of the House of
Representatives a report on the study conducted under this section.
SEC. 739. INCREASE IN NUMBER OF APPOINTED MEMBERS OF THE HENRY M.
JACKSON FOUNDATION FOR THE ADVANCEMENT OF MILITARY MEDICINE.
Section 178(c)(1)(C) of title 10, United States Code, is amended by
striking ``four members'' and inserting ``six members''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 800. Effective dates; coordination of amendments.
Subtitle A--Streamlining of Defense Acquisition Statutes and Regulations
Part I--Consolidation of Defense Acquisition Statutes in New Part V of
Subtitle A of Title 10, United States Code
Sec. 801. Framework for new part V of subtitle A.
Part II--Redesignation of Sections and Chapters of Subtitles B, C, and D
to Provide Room for New Part V of Subtitle A
Sec. 806. Redesignation of sections and chapters of subtitle D of title
10, United States Code--Air Force.
Sec. 807. Redesignation of sections and chapters of subtitle C of title
10, United States Code--Navy and Marine Corps.
Sec. 808. Redesignation of sections and chapters of subtitle B of title
10, United States Code--Army.
Sec. 809. Cross references to redesignated sections and chapters.
Part III--Repeals of Certain Provisions of Defense Acquisition Law
Sec. 811. Amendment to and repeal of statutory requirements for certain
positions or offices in the Department of Defense.
Sec. 812. Repeal of certain defense acquisition laws.
Sec. 813. Repeal of certain Department of Defense reporting
requirements.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 816. Modification of limitations on single source task or delivery
order contracts.
Sec. 817. Preliminary cost analysis requirement for exercise of
multiyear contract authority.
Sec. 818. Revision of requirement to submit information on services
contracts to Congress.
Sec. 819. Data collection and inventory for services contracts.
Sec. 820. Report on clarification of services contracting definitions.
Sec. 821. Increase in micro-purchase threshold applicable to Department
of Defense.
Sec. 822. Department of Defense contracting dispute matters.
Sec. 823. Inclusion of best available information regarding past
performance of subcontractors and joint venture partners.
Sec. 824. Subcontracting price and approved purchasing systems.
Sec. 825. Modification of criteria for waivers of requirement for
certified cost and price data.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Revisions in authority relating to program cost targets and
fielding targets for major defense acquisition programs.
Sec. 832. Implementation of recommendations of the Independent Study on
Consideration of Sustainment in Weapons Systems Life Cycle.
Sec. 833. Comptroller General assessment of acquisition programs and
related initiatives.
Subtitle D--Provisions Relating to Commercial Items
Sec. 836. Revision of definition of commercial item for purposes of
Federal acquisition statutes.
Sec. 837. Limitation on applicability to Department of Defense
commercial contracts of certain provisions of law.
Sec. 838. Modifications to procurement through commercial e-commerce
portals.
Sec. 839. Review of Federal acquisition regulations on commercial
products, commercial services, and commercially available off-
the-shelf items.
Subtitle E--Industrial Base Matters
Sec. 841. Report on limited sourcing of specific components for Naval
vessels.
Sec. 842. Removal of national interest determination requirements for
certain entities.
Sec. 843. Pilot program to test machine-vision technologies to determine
the authenticity and security of microelectronic parts in
weapon systems.
Sec. 844. Limitation on certain procurements application process.
Sec. 845. Report on defense electronics industrial base.
Sec. 846. Support for defense manufacturing communities to support the
defense industrial base.
Sec. 847. Limitation on procurement of certain items for T-AO-205
program.
Subtitle F--Small Business Matters
Sec. 851. Department of Defense small business strategy.
Sec. 852. Prompt payments of small business contractors.
Sec. 853. Increased participation in the Small Business Administration
microloan program.
Sec. 854. Amendments to Small Business Innovation Research Program and
Small Business Technology Transfer Program.
Sec. 855. Construction contract administration.
Sec. 856. Comptroller General study of impact of broadband speed and
price on small businesses.
Sec. 857. Consolidated budget display for the Department of Defense
Small Business Innovation Research Program and Small Business
Technology Transfer Program.
Sec. 858. Funding for procurement technical assistance program.
Sec. 859. Authorization for payment of certain costs relating to
procurement technical assistance centers.
Sec. 860. Commercialization Assistance Pilot Program.
Sec. 861. Puerto Rico businesses.
Sec. 862. Opportunities for employee-owned business concerns through
Small Business Administration loan programs.
Subtitle G--Provisions Related to Software and Technical Data Matters
Sec. 865. Validation of proprietary and technical data.
Sec. 866. Continuation of technical data rights during challenges.
Sec. 867. Requirement for negotiation of technical data price before
sustainment of major weapon systems.
Sec. 868. Implementation of recommendations of the final report of the
Defense Science Board Task Force on the Design and Acquisition
of Software for Defense Systems.
Sec. 869. Implementation of pilot program to use agile or iterative
development methods required under section 873 of the National
Defense Authorization Act for Fiscal Year 2018.
Sec. 870. Report on requiring access to digital technical data in future
acquisitions of combat, combat service, and combat support
systems.
Subtitle H--Other Matters
Sec. 871. Prohibition on acquisition of sensitive materials from non-
allied foreign nations.
Sec. 872. Extension of prohibition on providing funds to the enemy.
Sec. 873. Data, policy, and reporting on the use of other transactions.
Sec. 874. Standardization of formatting and public accessibility of
Department of Defense reports to Congress.
Sec. 875. Promotion of the use of Government-wide and other interagency
contracts.
Sec. 876. Increasing competition at the task order level.
Sec. 877. Individual acquisition for commercial leasing services.
Sec. 878. Procurement administrative lead time definition and plan.
Sec. 879. Briefing on funding of product support strategies.
Sec. 880. Use of lowest price technically acceptable source selection
process.
Sec. 881. Permanent Supply Chain Risk Management Authority.
Sec. 882. Review of market research.
Sec. 883. Establishment of integrated review team on defense acquisition
industry-government exchange.
Sec. 884. Exchange program for acquisition workforce employees.
Sec. 885. Process to limit foreign access to technology.
Sec. 886. Procurement of telecommunications supplies for experimental
purposes.
Sec. 887. Access by developmental and operational testing activities to
data regarding modeling and simulation activity.
Sec. 888. Instruction on pilot program regarding employment of persons
with disabilities.
Sec. 889. Prohibition on certain telecommunications and video
surveillance services or equipment.
Sec. 890. Pilot program to accelerate contracting and pricing processes.
SEC. 800. EFFECTIVE DATES; COORDINATION OF AMENDMENTS.
(a) Effective Dates.--
(1) Parts i and ii.--Parts I and II of this subtitle, and the
redesignations and amendments made by such parts, shall take effect
on February 1, 2019.
(2) Part iii.--Part III of this subtitle shall take effect on
the date of the enactment of this Act.
(b) Coordination of Amendments.--The redesignations and amendments
made by part II of this subtitle shall be executed before the
amendments made by part I of this subtitle.
(c) Rule for Certain Redesignations.--In the case of a
redesignation specified in part II of this subtitle (1) that is to be
made to a section of subtitle B, C, or D of title 10, United States
Code, for which the current section designation consists of a four-
digit number and a letter, and (2) that is directed to be made by the
addition of a specified number to the current section designation, the
new section designation shall consist of a new four-digit number and
the same letter, with the new four-digit number being the number that
is the sum of the specified number and the four-digit number in the
current section designation.
Subtitle A--Streamlining of Defense Acquisition Statutes and
Regulations
PART I--CONSOLIDATION OF DEFENSE ACQUISITION STATUTES IN NEW PART V OF
SUBTITLE A OF TITLE 10, UNITED STATES CODE
SEC. 801. FRAMEWORK FOR NEW PART V OF SUBTITLE A.
(a) In General.--Subtitle A of title 10, United States Code, is
amended by adding at the end the following new part:
``PART V--ACQUISITION
``Chap.
Sec.
<SUP>``subpart</SUP> a--general
</SUP>``201. Definitions.......................................... 3001
``203. General Matters............................................ 3021
``205. Defense Acquisition System................................. 3051
``207. Budgeting and Appropriations Matters....................... 3101
``209. Operational Contract Support............................... 3151
<SUP>``subpart</SUP> b--acquisition</SUP> planning
</SUP>``221. Planning and Solicitation Generally.................. 3201
``223. Planning and Solicitation Relating to Particular Items or
Services.......................................................... 3251
<SUP>``subpart</SUP> c--contracting</SUP> methods</SUP> and</SUP>
contract</SUP> types
</SUP>``241. Awarding of Contracts................................ 3301
``243. Specific Types of Contracts................................ 3351
``245. Task and Delivery Order Contracts (Multiple Award
Contracts)........................................................ 3401
``247. Acquisition of Commercial Items............................ 3451
``249. Multiyear Contracts........................................ 3501
``251. Simplified Acquisition Procedures.......................... 3551
``253. Emergency and Rapid Acquisitions........................... 3601
``255. Contracting With or Through Other Agencies................. 3651
<SUP>``subpart</SUP> d--general</SUP> contracting</SUP> requirements
</SUP>``271. Truthful Cost or Pricing Data........................ 3701
``273. Allowable Costs............................................ 3741
``275. Proprietary Contractor Data and Technical Data............. 3771
``277. Contract Financing......................................... 3801
``279. Contractor Audits and Accounting........................... 3841
``281. Claims and Disputes........................................ 3861
``283. Foreign Acquisitions....................................... 3881
``285. Small Business Programs.................................... 3901
``287. Socioeconomic Programs..................................... 3961
<SUP>``subpart</SUP> e--special</SUP> categories</SUP> of</SUP>
contracting:</SUP> major</SUP> defense</SUP> acquisition</SUP> programs</SUP>
and</SUP> major</SUP> systems
</SUP>``301. Major Defense Acquisition Programs................... 4001
``303. Weapon Systems Development and Related Matters............. 4071
``305. Other Matters Relating to Major Systems.................... 4121
<SUP>``subpart</SUP> f--special</SUP> categories</SUP> of</SUP>
contracting:</SUP> research,</SUP> development,</SUP> test,</SUP> and</SUP>
evaluation
</SUP>``321. Research and Development Generally................... 4201
``323. Innovation................................................. 4301
``325. Department of Defense Laboratories......................... 4351
``327. Research and Development Centers and Facilities............ 4401
``329. Operational Test and Evaluation; Developmental Test and
Evaluation........................................................ 4451
<SUP>``subpart</SUP> g--other</SUP> special</SUP> categories</SUP> of</SUP>
contracting
</SUP>``341. Contracting for Performance of Civilian Commercial or
Industrial Type Functions......................................... 4501
``343. Acquisition of Services.................................... 4541
``345. Acquisition of Information Technology...................... 4571
<SUP>``subpart</SUP> h--contract</SUP> management
</SUP>``361. Contract Administration.............................. 4601
``363. Prohibitions and Penalties................................. 4651
``365. Contractor Workforce....................................... 4701
``367. Other Administrative and Miscellaneous Provisions.......... 4751
<SUP>``subpart</SUP> i--defense</SUP> industrial</SUP> base
</SUP>``381. Defense Industrial Base Generally.................... 4801
``383. Loan Guarantee Programs.................................... 4861
``385. Procurement Technical Assistance Cooperative Agreement
Program........................................................... 4881
``Subpart A--General
``CHAPTER 201--DEFINITIONS
``Sec. 3001. [Reserved]
[Reserved]
``CHAPTER 203--GENERAL MATTERS
``Sec. 3021. [Reserved]
[Reserved]
``CHAPTER 205--DEFENSE ACQUISITION SYSTEM
``Sec. 3051. [Reserved]
[Reserved]
``CHAPTER 207--BUDGETING AND APPROPRIATIONS MATTERS
``Sec. 3101. [Reserved]
[Reserved]
``CHAPTER 209--OPERATIONAL CONTRACT SUPPORT
``Sec. 3151. [Reserved]
[Reserved]
``Subpart B--Acquisition Planning
``CHAPTER 221--PLANNING AND SOLICITATION GENERALLY
``Sec. 3201. [Reserved]
[Reserved]
``CHAPTER 223--PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS
OR SERVICES
``Sec. 3251. [Reserved]
[Reserved]
``Subpart C--Contracting Methods and Contract Types
``CHAPTER 241--AWARDING OF CONTRACTS
``Sec. 3301. [Reserved]
[Reserved]
``CHAPTER 243--SPECIFIC TYPES OF CONTRACTS
``Sec. 3351. [Reserved]
[Reserved]
``CHAPTER 245--TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD
CONTRACTS)
``Sec. 3401. [Reserved]
[Reserved]
``CHAPTER 247--ACQUISITION OF COMMERCIAL ITEMS
``Sec. 3451. [Reserved]
[Reserved]
``CHAPTER 249--MULTIYEAR CONTRACTS
``Sec. 3501. [Reserved]
[Reserved]
``CHAPTER 251--SIMPLIFIED ACQUISITION PROCEDURES
``Sec. 3551. [Reserved]
[Reserved]
``CHAPTER 253--EMERGENCY AND RAPID ACQUISITIONS
``Sec. 3601. [Reserved]
[Reserved]
``CHAPTER 255--CONTRACTING WITH OR THROUGH OTHER AGENCIES
``Sec. 3651. [Reserved]
[Reserved]
``Subpart D--General Contracting Requirements
``CHAPTER 271--TRUTHFUL COST OR PRICING DATA
``Sec. 3701. [Reserved]
[Reserved]
``CHAPTER 273--ALLOWABLE COSTS
``Sec. 3741. [Reserved]
[Reserved]
``CHAPTER 275--PROPRIETARY CONTRACTOR DATA AND TECHNICAL DATA
``Sec. 3771. [Reserved]
[Reserved]
``CHAPTER 277--CONTRACT FINANCING
``Sec. 3801. [Reserved]
[Reserved]
``CHAPTER 279--CONTRACTOR AUDITS AND ACCOUNTING
``Sec. 3841. [Reserved]
[Reserved]
``CHAPTER 281--CLAIMS AND DISPUTES
``Sec. 3861. [Reserved]
[Reserved]
``CHAPTER 283--FOREIGN ACQUISITIONS
``Sec. 3881. [Reserved]
[Reserved]
``CHAPTER 285--SMALL BUSINESS PROGRAMS
``Sec. 3901. [Reserved]
[Reserved]
``CHAPTER 287--SOCIOECONOMIC PROGRAMS
``Sec. 3961. [Reserved]
[Reserved]
``Subpart E--Special Categories of Contracting: Major Defense
Acquisition Programs and Major Systems
``CHAPTER 301--MAJOR DEFENSE ACQUISITION PROGRAMS
``Sec. 4001. [Reserved]
[Reserved]
``CHAPTER 303--WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS
``Sec. 4071. [Reserved]
[Reserved]
``CHAPTER 305--OTHER MATTERS RELATING TO MAJOR SYSTEMS
``Sec. 4121. [Reserved]
[Reserved]
``Subpart F--Special Categories of Contracting: Research, Development,
Test, and Evaluation
``CHAPTER 321--RESEARCH AND DEVELOPMENT GENERALLY
``Sec. 4201. [Reserved]
[Reserved]
``CHAPTER 323--INNOVATION
``Sec. 4301. [Reserved]
[Reserved]
``CHAPTER 325--DEPARTMENT OF DEFENSE LABORATORIES
``Sec. 4351. [Reserved]
[Reserved]
``CHAPTER 327--RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES
``Sec. 4401. [Reserved]
[Reserved]
``CHAPTER 329--OPERATIONAL TEST AND EVALUATION; DEVELOPMENTAL TEST AND
EVALUATION
``Sec. 4451. [Reserved]
[Reserved]
``Subpart G--Other Special Categories Of Contracting
``CHAPTER 341--CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR
INDUSTRIAL TYPE FUNCTIONS
``Sec. 4501. [Reserved]
[Reserved]
``CHAPTER 343--ACQUISITION OF SERVICES
``Sec. 4541. [Reserved]
[Reserved]
``CHAPTER 345--ACQUISITION OF INFORMATION TECHNOLOGY
``Sec. 4571. [Reserved]
[Reserved]
``Subpart H--Contract Management
``CHAPTER 361--CONTRACT ADMINISTRATION
``Sec. 4601. [Reserved]
[Reserved]
``CHAPTER 363--PROHIBITIONS AND PENALTIES
``Sec. 4651. [Reserved]
[Reserved]
``CHAPTER 365--CONTRACTOR WORKFORCE
``Sec. 4701. [Reserved]
[Reserved]
``CHAPTER 367--OTHER ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
``Sec. 4751. [Reserved]
[Reserved]
``Subpart I--Defense Industrial Base
``CHAPTER 381--DEFENSE INDUSTRIAL BASE GENERALLY
``Sec. 4801. [Reserved]
[Reserved]
``CHAPTER 383--LOAN GUARANTEE PROGRAMS
``Sec. 4861. [Reserved]
[Reserved]
``CHAPTER 385--PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM
``Sec. 4881. [Reserved]
``[Reserved]''.
(b) Table of Chapters Amendment.--The table of chapters at the
beginning of subtitle A is amended by adding at the end the following
new items:
<SUP>``Part</SUP> V--ACQUISITION
``subpart</SUP> a--general
</SUP>``201. Definitions.......................................... 3001
``203. General Matters............................................ 3021
``205. Defense Acquisition System................................. 3051
``207. Budgeting and Appropriations Matters....................... 3101
``209. Operational Contract Support............................... 3151
<SUP>``subpart</SUP> b--acquisition</SUP> planning
</SUP>``221. Planning and Solicitation Generally.................. 3201
``223. Planning and Solicitation Relating to Particular Items or
Services.......................................................... 3251
<SUP>``subpart</SUP> c--contracting</SUP> methods</SUP> and</SUP>
contract</SUP> types
</SUP>``241. Awarding of Contracts................................ 3301
``243. Specific Types of Contracts................................ 3351
``245. Task and Delivery Order Contracts (Multiple Award
Contracts)........................................................ 3401
``247. Acquisition of Commercial Items............................ 3451
``249. Multiyear Contracts........................................ 3501
``251. Simplified Acquisition Procedures.......................... 3551
``253. Emergency and Rapid Acquisitions........................... 3601
``255. Contracting With or Through Other Agencies................. 3651
<SUP>``subpart</SUP> d--general</SUP> contracting</SUP> requirements
</SUP>``271. Truthful Cost or Pricing Data........................ 3701
``273. Allowable Costs............................................ 3741
``275. Proprietary Contractor Data and Technical Data............. 3771
``277. Contract Financing......................................... 3801
``279. Contractor Audits and Accounting........................... 3841
``281. Claims and Disputes........................................ 3861
``283. Foreign Acquisitions....................................... 3881
``285. Small Business Programs.................................... 3901
``287. Socioeconomic Programs..................................... 3961
<SUP>``subpart</SUP> e--special</SUP> categories</SUP> of</SUP>
contracting:</SUP> major</SUP> defense</SUP> acquisition</SUP> programs</SUP>
and</SUP> major</SUP> systems
</SUP>``301. Major Defense Acquisition Programs................... 4001
``303. Weapon Systems Development and Related Matters............. 4071
``305. Other Matters Relating to Major Systems.................... 4121
<SUP>``subpart</SUP> f--special</SUP> categories</SUP> of</SUP>
contracting:</SUP> research,</SUP> development,</SUP> test,</SUP> and</SUP>
evaluation
</SUP>``321. Research and Development Generally................... 4201
``323. Innovation................................................. 4301
``325. Department of Defense Laboratories......................... 4351
``327. Research and Development Centers and Facilities............ 4401
``329. Operational Test and Evaluation; Developmental Test and
Evaluation........................................................ 4451
<SUP>``subpart</SUP> g--other</SUP> special</SUP> categories</SUP> of</SUP>
contracting
</SUP>``341. Contracting for Performance of Civilian Commercial or
Industrial Type Functions......................................... 4501
``343. Acquisition of Services.................................... 4541
``345. Acquisition of Information Technology...................... 4571
<SUP>``subpart</SUP> h--contract</SUP> management
</SUP>``361. Contract Administration.............................. 4601
``363. Prohibitions and Penalties................................. 4651
``365. Contractor Workforce....................................... 4701
``367. Other Administrative and Miscellaneous Provisions.......... 4751
<SUP>``subpart</SUP> i--defense</SUP> industrial</SUP> base
</SUP>``381. Defense Industrial Base Generally.................... 4801
``383. Loan Guarantee Programs.................................... 4861
``385. Procurement Technical Assistance Cooperative Agreement
Program..........................................................4881''.
PART II--REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLES B, C, AND
D TO PROVIDE ROOM FOR NEW PART V OF SUBTITLE A
SEC. 806. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE D OF
TITLE 10, UNITED STATES CODE--AIR FORCE.
(a) Subtitle D, Part III, Section Numbers.--The sections in part
III of subtitle D of title 10, United States Code, are redesignated as
follows:
(1) Chapter 909.--Each section in chapter 909 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 50.
(2) Chapter 907.--Each section in chapter 907 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 70.
(3) Chapters 901 and 903.--Each section in chapter 901 and
chapter 903 is redesignated so that the number of the section, as
redesignated, is the number equal to the previous number plus 100.
(b) Subtitle D, Part II, Section Numbers.--The sections in part II
of such subtitle are redesignated as follows:
(1) Chapter 831.--Section 8210 is redesignated as section 9110.
(2) Chapter 833.--Sections 8251, 8252, 8257, and 8258 are
redesignated as sections 9131, 9132, 9137, and 9138, respectively.
(3) Chapter 835.--Sections 8281 and 8310 are redesignated as
sections 9151 and 9160, respectively.
(4) Chapter 839.--Section 8446 is redesignated as section 9176.
(5) Chapter 841.--Sections 8491 and 8503 are redesignated as
sections 9191 and 9203, respectively.
(6) Chapter 843.--Sections 8547 and 8548 are redesignated as
sections 9217 and 9218, respectively.
(7) Chapter 845.--Sections 8572, 8575, 8579, 8581, and 8583 are
redesignated as sections 9222, 9225, 9229, 9231, and 9233,
respectively.
(8) Chapter 849.--Section 8639 is redesignated as section 9239.
(9) Chapter 853.--Sections 8681, 8684, and 8691 are
redesignated as sections 9251, 9252, and 9253, respectively.
(10) Chapter 855.--Section 8723 is redesignated as section
9263.
(11) Chapter 857.--Each section in chapter 857 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 530.
(12) Chapter 861.--Section 8817 is redesignated as section
9307.
(13) Chapter 867.--Each section in chapter 867 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 400.
(14) Chapter 869.--Sections 8961, 8962, 8963, 8964, 8965, and
8966 are redesignated as sections 9341, 9342, 9343, 9344, 9345, and
9346, respectively.
(15) Chapter 871.--Sections 8991 and 8992 are redesignated as
sections 9361 and 9362, respectively.
(16) Chapter 873.--Sections 9021, 9025, and 9027 are
redesignated as sections 9371, 9375, and 9377, respectively.
(17) Chapter 875.--Section 9061 is redesignated as section
9381.
(c) Subtitle D, Part I, Section Numbers.--Each section in part I of
such subtitle is redesignated so that the number of the section, as
redesignated, is the number equal to the previous number plus 1,000.
(d) Subtitle D Chapter Numbers.--
(1) Part IV chapter numbers.--Each chapter in part IV of such
subtitle is redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number plus 30.
(2) Part III chapter numbers.--Each chapter in part III of such
subtitle is redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number plus 50.
(3) Part II chapter numbers.--
(A) In general.--Except as provided in subparagraph (B),
each chapter in part II of such subtitle is redesignated so
that the number of the chapter, as redesignated, is the number
equal to the previous number plus 80.
(B) Other chapters.--
(i) Chapter 861 is redesignated as chapter 939.
(ii) Chapters 867, 869, 871, 873, and 875 are each
redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number
plus 74.
(4) Part I chapter numbers.--Each chapter in part I of such
subtitle is redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number plus 100.
(e) Subtitle D Tables of Sections and Tables of Chapters.--
(1) Tables of sections.--The tables of sections at the
beginning of the chapters of such subtitle are revised so as to
conform the section references in those tables to the
redesignations made by subsections (a), (b), and (c).
(2) Tables of chapters.--The table of chapters at the beginning
of such subtitle, and the tables of chapters at the beginning of
each part of such subtitle, are revised so as to conform the
chapter references and section references in those tables to the
redesignations made by this section.
SEC. 807. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE C OF
TITLE 10, UNITED STATES CODE--NAVY AND MARINE CORPS.
(a) Subtitle C, Part I, Section Numbers.--
(1) In general.--Except as provided in paragraph (2), each
section in part I of subtitle C of title 10, United States Code, is
redesignated so that the number of the section, as redesignated, is
the number equal to the previous number plus 3,000.
(2) Chapter 513.--For sections in chapter 513, each section is
redesignated so that the number of the section, as redesignated, is
the number equal to the previous number plus 2,940.
(b) Subtitle C, Part II, Section Numbers.--The sections in part II
of such subtitle are redesignated as follows:
(1) Chapter 533.--Sections 5441, 5450, and 5451 are
redesignated as sections 8101, 8102, and 8103, respectively.
(2) Chapter 535.--Sections 5501, 5502, 5503, and 5508 are
redesignated as sections 8111, 8112, 8113, and 8118, respectively.
(3) Chapter 537.--Section 5540 is redesignated as section 8120.
(4) Chapter 539.--Sections 5582, 5585, 5587, 5587a, 5589, and
5596 are redesignated as sections 8132, 8135, 8137, 8138, 8139, and
8146, respectively.
(5) Chapter 551.--Each section in chapter 551 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 2,220.
(6) Chapter 553.--Sections 5983, 5985, and 5986 are
redesignated as sections 8183, 8185, and 8186, respectively.
(7) Chapter 555.--The sections in chapter 555 are redesignated
as follows:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
6011 8211
------------------------------------------------------------------------
6012 8212
------------------------------------------------------------------------
6013 8213
------------------------------------------------------------------------
6014 8214
------------------------------------------------------------------------
6019 8215
------------------------------------------------------------------------
6021 8216
------------------------------------------------------------------------
6022 8217
------------------------------------------------------------------------
6024 8218
------------------------------------------------------------------------
6027 8219
------------------------------------------------------------------------
6029 8220
------------------------------------------------------------------------
6031 8221
------------------------------------------------------------------------
6032 8222
------------------------------------------------------------------------
6035 8225
------------------------------------------------------------------------
6036 8226
------------------------------------------------------------------------
(8) Chapter 557.--Each section in chapter 557 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 2,160.
(9) Chapter 559.--Section 6113 is redesignated as section 8253.
(10) Chapter 561.--The sections in chapter 561 are redesignated
as follows:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
6141 8261
------------------------------------------------------------------------
6151 8262
------------------------------------------------------------------------
6152 8263
------------------------------------------------------------------------
6153 8264
------------------------------------------------------------------------
6154 8265
------------------------------------------------------------------------
6155 8266
------------------------------------------------------------------------
6156 8267
------------------------------------------------------------------------
6160 8270
------------------------------------------------------------------------
6161 8271
------------------------------------------------------------------------
(11) Chapter 563.--Sections 6201, 6202, and 6203 are
redesignated as sections 8281, 8282, and 8283, respectively.
(12) Chapter 565.--Sections 6221 and 6222 are redesignated as
sections 8286 and 8287, respectively.
(13) Chapter 567.--Each section in chapter 567 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 2,050.
(14) Chapter 569.--Section 6292 is redesignated as section
8317.
(15) Chapter 571.--Each section in chapter 571 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 2,000.
(16) Chapter 573.--Sections 6371, 6383, 6389, 6404, and 6408
are redesignated as sections 8371, 8372, 8373, 8374, and 8375,
respectively.
(17) Chapter 575.--Sections 6483, 6484, 6485, and 6486 are
redesignated as sections 8383, 8384, 8385, and 8386, respectively.
(18) Chapter 577.--Section 6522 is redesignated as section
8392.
(c) Subtitle C, Part III, Section Numbers.--
(1) In general.--Except as provided in paragraph (2), each
section in part III of such subtitle is redesignated so that the
number of the section, as redesignated, is the number equal to the
previous number plus 1,500.
(2) Chapter 609.--Sections 7101, 7102, 7103, and 7104 are
redesignated as sections 8591, 8592, 8593, and 8594, respectively.
(d) Subtitle C, Part IV, Section Numbers.--The sections in part IV
of such subtitle are redesignated as follows:
(1) Chapter 631.--Each section in chapter 631 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 1,400.
(2) Chapter 633.--Each section in chapter 633 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 1,370.
(3) Chapter 637.--Sections 7361, 7362, 7363, and 7364 are
redesignated as sections 8701, 8702, 8703, and 8704, respectively.
(4) Chapter 639.--Sections 7395 and 7396 are redesignated as
sections 8715 and 8716, respectively.
(5) Chapter 641.--Each section in chapter 641 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 1,300.
(6) Chapter 643.--Sections 7472, 7473, 7476, 7477, 7478, 7479,
7479a, and 7480 are redesignated as sections 8742, 8743, 8746,
8747, 8748, 8749, 8749a, and 8750, respectively.
(7) Chapter 645.--Sections 7522, 7523, and 7524 are
redesignated as sections 8752, 8753, and 8754, respectively.
(8) Chapter 647.--The sections in chapter 647 are redesignated
as follows:
------------------------------------------------------------------------
Section Redesignated Section
------------------------------------------------------------------------
7541 8761
------------------------------------------------------------------------
7541a 8761a
------------------------------------------------------------------------
7541b 8761b
------------------------------------------------------------------------
7542 8762
------------------------------------------------------------------------
7543 8763
------------------------------------------------------------------------
7544 8764
------------------------------------------------------------------------
7545 8765
------------------------------------------------------------------------
7546 8766
------------------------------------------------------------------------
7547 8767
------------------------------------------------------------------------
(9) Chapters 649, 651, 653, and 655.--Each section in chapters
649, 651, 653, and 655 is redesignated so that the number of the
section, as redesignated, is the number equal to the previous
number plus 1,200.
(10) Chapter 657.--Each section in chapter 657 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 1,170.
(11) Chapter 659.--Sections 7851, 7852, 7853, and 7854 are
redesignated as sections 8901, 8902, 8903, and 8904, respectively.
(12) Chapter 661.--Sections 7861, 7862, and 7863 are
redesignated as sections 8911, 8912, and 8913, respectively.
(13) Chapter 663.--Section 7881 is redesignated as section
8921.
(14) Chapter 665.--Sections 7901, 7902, and 7903 are
redesignated as sections 8931, 8932, and 8933, respectively.
(15) Chapter 667.--Sections 7912 and 7913 are redesignated as
sections 8942 and 8943, respectively.
(16) Chapter 669.--Section 7921 is redesignated as section
8951.
(e) Subtitle C Chapter Numbers.--
(1) Part I chapter numbers.--Each chapter in part I of such
subtitle is redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number plus 300,
except that chapter 513 is redesignated as chapter 809.
(2) Part II chapter numbers.--
(A) In general.--Except as provided in subparagraph (B),
each chapter in part II of such subtitle is redesignated so
that the number of the chapter, as redesignated, is the number
equal to the previous number plus 270.
(B) Other chapters.--Chapter 533 is redesignated as chapter
811, chapter 535 is redesignated as chapter 812, chapter 537 is
redesignated as chapter 813, and chapter 539 is redesignated as
chapter 815.
(3) Part III chapter numbers.--Each chapter in part III of such
subtitle is redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number plus 250.
(4) Part IV chapter numbers.--Each chapter in part IV of such
subtitle is redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number plus 228,
except that chapter 631 is redesignated as chapter 861 and chapter
633 is redesignated as chapter 863.
(f) Subtitle C Tables of Sections and Tables of Chapters.--
(1) Tables of sections.--The table of sections at the beginning
of each chapter of such subtitle is revised so as to conform the
section references in the table to the redesignations made by
subsections (a), (b), (c), and (d).
(2) Tables of chapters.--The table of chapters at the beginning
of such subtitle, and the tables of chapters at the beginning of
each part of such subtitle, are revised so as to conform the
chapter references and section references in those tables to the
redesignations made by this section.
SEC. 808. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE B OF
TITLE 10, UNITED STATES CODE--ARMY.
(a) Subtitle B, Part I, Section Numbers.--Each section in part I of
subtitle B of title 10, United States Code, is redesignated so that the
number of the section, as redesignated, is the number equal to the
previous number plus 4,000.
(b) Subtitle B, Part II, Section Numbers.--The sections in part II
of such subtitle are redesignated as follows:
(1) Chapter 331.--Sections 3201 and 3210 are redesignated as
sections 7101 and 7110, respectively.
(2) Chapter 333.--Sections 3251, 3258, and 3262 are
redesignated as sections 7131, 7138, and 7142, respectively.
(3) Chapter 335.--Sections 3281, 3282, and 3283 are
redesignated as sections 7151, 7152, and 7153, respectively.
(4) Chapter 339.--Section 3446 is redesignated as sections
7176.
(5) Chapter 341.--Sections 3491 and 3503 are redesignated as
sections 7191 and 7203, respectively.
(6) Chapter 343.--Sections 3533, 3534, 3536, 3547 and 3548 are
redesignated as sections 7213, 7214, 7216, 7217, and 7218,
respectively.
(7) Chapter 345.--Sections 3572, 3575, 3579, 3581, and 3583 are
redesignated as sections 7222, 7225, 7229, 7231, and 7233,
respectively.
(8) Chapter 349.--Section 3639 is redesignated as section 7239.
(9) Chapter 353.--Sections 3681, 3684, and 3691 are
redesignated as sections 7251, 7252, and 7253, respectively.
(10) Chapter 355.--Section 3723 is redesignated as section
7263.
(11) Chapter 357.--Each section in chapter 357 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 3,530.
(12) Chapter 367.--Each section in chapter 367 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 3,400.
(13) Chapter 369.--Sections 3961, 3962, 3963, 3964, 3965, and
3966 are redesignated as sections 7341, 7342, 7343, 7344, 7345, and
7346, respectively.
(14) Chapter 371.--Sections 3991 and 3992 are redesignated as
sections 7361 and 7362, respectively.
(15) Chapter 373.--Sections 4021, 4024, 4025, and 4027 are
redesignated as sections 7371, 7374, 7375, and 7377, respectively.
(16) Chapter 375.--Section 4061 is redesignated as section
7381.
(c) Subtitle B, Part III, Section Numbers.--
(1) In general.--Except as provided in paragraph (2), each
section in part III of such subtitle is redesignated so that the
number of the section, as redesignated, is the number equal to the
previous number plus 3,100.
(2) Chapter 407.--Each section in chapter 407 is redesignated
so that the number of the section, as redesignated, is the number
equal to the previous number plus 3,070.
(d) Subtitle B, Part IV, Section Numbers.--Each section in part IV
of such subtitle is redesignated so that the number of the section, as
redesignated, is the number equal to the previous number plus 3,000.
(e) Subtitle B Chapter Numbers.--
(1) Part I chapter numbers.--Each chapter in part I of such
subtitle is redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number plus 400.
(2) Part II chapter numbers.--
(A) In general.--Except as provided in subparagraph (B),
each chapter in part II of such subtitle is redesignated so
that the number of the chapter, as redesignated, is the number
equal to the previous number plus 380.
(B) Other chapters.--Chapters 367, 369, 371, 373, and 375
are each redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number plus
374.
(3) Part III chapter numbers.--Each chapter in part III of such
subtitle is redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number plus 350.
(4) Part IV chapter numbers.--Each chapter in part IV of such
subtitle is redesignated so that the number of the chapter, as
redesignated, is the number equal to the previous number plus 330.
(f) Subtitle B Tables of Sections and Tables of Chapters.--
(1) Tables of sections.--The table of sections at the beginning
of each chapter of such subtitle is revised so as to conform the
section references in the table to the redesignations made by
subsections (a), (b), (c), and (d).
(2) Tables of chapters.--The table of chapters at the beginning
of such subtitle, and the tables of chapters at the beginning of
each part of such subtitle, are revised so as to conform the
chapter references and section references in those tables to the
redesignations made by this section.
SEC. 809. CROSS REFERENCES TO REDESIGNATED SECTIONS AND CHAPTERS.
(a) Title 10, United States Code.--Each provision of title 10,
United States Code (including the table of subtitles preceding subtitle
A), that contains a reference to a section or chapter redesignated by
this part is amended so that the reference refers to the number of the
section or chapter as redesignated.
(b) Laws Classified as Title 10, United States Code, Note
Sections.--
(1) Section 1111 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 143 note) is amended by striking ``sections 143, 194, 3014,
5014, and 8014'' in subsections (a) and (b) and inserting
``sections 143, 194, 7014, 8014, and 9014''.
(2) Section 4403(b) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1293 note) is
amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``section 3911''
and inserting ``section 7311''; and
(ii) in subparagraph (B), by striking ``section 3914''
and inserting ``section 7314'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``section 6323''
and inserting ``section 8323''; and
(ii) in subparagraph (B), by striking ``section 6330''
and inserting ``section 8330''; and
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``section 8911''
and inserting ``section 9311''; and
(ii) in subparagraph (B), by striking ``section 8914''
and inserting ``section 9314''.
(3) Section 598(d)(4) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 1561 note) is
amended by striking ``sections 4361, 6980, and 9361'' and inserting
``sections 7461, 8480, and 9461''.
(4) Section 549(a)(2)(B) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 1580 note
prec.) is amended by striking ``section 4348, 6959, or 9348'' and
inserting ``section 7448, 8459, or 9448''.
(5) Section 505(b) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 3201 note) is
amended by striking ``section 3201'' and inserting ``section
7101''.
(6) Section 586(g)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 3741 note) is
amended by striking ``section 3744, 6248, or 8744'' and inserting
``section 7274, 8296, or 9274''.
(7) Section 2 of Public Law 89-650 (10 U.S.C. 4343 note) is
amended--
(A) by striking ``sections 4342(b)(1), 6954(b), and
9342(b)(1)'' and inserting ``sections 7442(b)(1), 8454(b), and
9442(b)(1) of title 10, United States Code,''; and
(B) by striking ``sections 4343, 6956, and 9343 of title
10, United States Code'' and inserting ``sections 7443, 8456,
and 9443 of such title''.
(8) Section 323 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 4551 note) is
amended by striking ``section 4551(2)'' and inserting ``section
7551(2)''.
(9) Section 343 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 4554 note) is
amended by striking ``section 4554(a)(3)(A)'' and inserting
``section 7554(a)(3)(A)''.
(10) Section 589(c) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 7049 note) is
amended by striking ``sections 7049(a) and 9314a(a)'' and inserting
``sections 8549(a) and 9414a(a)''.
(11) Section 131(d) of the National Defense Authorization Act
for Fiscal Year (Public Law 115-91; 10 U.S.C. 8062 note) is amended
by striking ``section 8062'' and inserting ``section 9062''.
(12) Section 2 of Public Law 86-593 (10 U.S.C. 8744 note) is
amended by striking ``sections 8744(a) and 8750(b)'' and inserting
``sections 9274(a) and 9280(b)''.
(c) Title 5, United States Code.--
(1) Section 5102(c) of title 5, United States Code, is
amended--
(A) in paragraph (10)--
(i) by striking ``section 1595, 4021, 7478, or 9021 of
title 10'' and inserting ``section 1595, 7371, 8748, or
9371 of title 10'';
(ii) by striking ``sections 4338, 6952, and 9338,
respectively, of title 10'' and inserting ``sections 7438,
8452, and 9438, respectively, of title 10'';
(iii) by striking ``section 7044 of title 10'' and
inserting ``section 8544 of title 10''; and
(iv) by striking ``section 7043 of title 10'' and
inserting ``section 8543 of title 10''; and
(B) in paragraph (28), by striking ``section 9314 of title
10'' and inserting ``section 9414 of title 10''.
(2) Section 504(c) of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 5 U.S.C. 5102 note), is amended by
striking ``Section 9314(b)(2) of title 10, United States Code'' and
inserting ``Section 9414(b)(2) of title 10, United States Code''.
(3) Section 5514(c) of title 5, United States Code, is amended
by striking ``section 4837(d) or 9837(d) of title 10'' and
inserting ``section 7837(d) or 9837(d) of title 10''.
(4) Section 8150(b) of title 5, United States Code, is amended
by striking ``section 9441 of title 10'' and inserting ``section
9491 of title 10''.
(d) Laws Classified in Title 7, United States Code.--The 7th
proviso in the paragraph under the heading ``SALARIES'' in the
Department of Agriculture Appropriation Act, 1937 (7 U.S.C. 2238), is
amended by striking ``the Act of March 3, 1879 (20 Stat. 412)'' and
inserting ``section 7655 of title 10, United States Code''.
(e) Title 18, United States Code.--
(1) Section 704 of title 18, United States Code, is amended--
(A) in subsection (c)(2)--
(i) by striking ``section 3741, 6241, or 8741 of title
10'' in subparagraph (A) and inserting ``section 7271,
8291, or 9271 of title 10'';
(ii) by striking ``section 3754, 6256, or 8754 of title
10'' in subparagraph (B) and inserting ``section 7284,
8306, or 9284 of title 10''; and
(iii) by striking ``section 3747, 6253, or 8747 of
title 10'' in subparagraph (C) and inserting ``section
7277, 8303, or 9277 of title 10''; and
(B) in subsection (d)(1)--
(i) by striking ``section 3742 of title 10'' and
inserting ``section 7272 of title 10'';
(ii) by striking ``section 6242 of title 10'' and
inserting ``section 8292 of title 10'';
(iii) by striking ``section 8742 of section 10'' and
inserting ``section 9272 of title 10''; and
(iv) by striking ``section 3746, 6244, or 8746 of title
10'' and inserting ``section 7276, 8294, or 9276 of title
10''.
(2) Section 921(a)(4) of such title is amended by striking
``section 4684(2), 4685, or 4686 of title 10'' in the matter after
subparagraph (C) and inserting ``section 7684(2), 7685, or 7686 of
title 10''
(3) Section 925(d)(1) of such title is amended by striking
``chapter 401 of title 10'' and inserting ``chapter 751 of title
10''.
(f) Laws Classified in Title 22, United States Code.--Section 44 of
the Arms Export Control Act (22 U.S.C. 2793) is amended by striking
``section 7307 of title 10 of the United States Code'' and inserting
``section 8677 of title 10, United States Code''.
(g) Laws Classified in Title 24, United States Code.--Section
1520(a) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
420(a)) is amended by striking ``sections 4712(f) and 9712(f) of title
10, United States Code'' in the matter before paragraph (1) and
inserting ``sections 7712(f) and 9712(f) of title 10, United States
Code''.
(h) Laws Classified in Title 26, United States Code.--
(1) Section 170(p)(6) of the Internal Revenue Code of 1986 is
amended by striking ``section 6973 of title 10, United States
Code'' and inserting ``section 8473 of title 10, United States
Code''.
(2) Section 2055(g) of the Internal Revenue Code of 1986 is
amended--
(A) in paragraph (4), by striking ``section 7222 of title
10, United States Code'' and inserting ``section 8622 of title
10, United States Code'';
(B) in paragraph (9), by striking ``section 6973 of title
10, United States Code'' and inserting ``section 8473 of title
10, United States Code''; and
(C) in paragraph (10), by striking ``section 6974 of title
10, United States Code'' and inserting ``section 8474 of title
10, United States Code''.
(3) Section 5845(f) of the Internal Revenue Code of 1986 is
amended by striking ``section 4684(2), 4685, or 4686 of title 10 of
the United States Code'' and inserting ``section 7684(2), 7685, or
7686 of title 10, United States Code''.
(i) Laws Classified in Title 30, United States Code.--
(1) Section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a))
is amended by striking ``the Act of June 4, 1920 (41 Stat. 813), as
amended June 30, 1938 (52 Stat. 1252)'' before the period at the
end of the first sentence and inserting ``section 8733(b) of title
10, United States Code''.
(2) Section 4 of the Mineral Leasing Act for Acquired Lands (30
U.S.C. 353) is amended by striking ``the Act of June 30, 1938 (32
Stat. 1252), amending the Act of June 4, 1920 (41 Stat. 813)''
before the period at the end and inserting ``chapter 869 of title
10, United States Code''.
(j) Title 32, United States Code.--Section 113(b)(1)(A) of title
32, United States Code, is amended by striking ``section 3013(b) of
title 10'' and inserting ``section 7013(b) of title 10''.
(k) Laws Classified in Title 33, United States Code.--
(1) Section 902(c)(2) of the Oceans and Human Health Act (33
U.S.C. 3101(c)(2)) is amended by striking ``(10 U.S.C. 7902(a))''
and inserting ``(10 U.S.C. 8932(a))''.
(2) Section 12406(a)(3) of the Federal Ocean Acidification
Research And Monitoring Act of 2009 (33 U.S.C. 3705(a)(3)) is
amended by striking ``section 7901 of title 10, United States
Code'' and inserting ``section 8931 of title 10, United States
Code''.
(l) Title 36, United States Code.--
(1) Section 903(b) of title 36, United States Code, is amended
by striking ``sections 3755, 6257, and 8755 of title 10'' and
inserting ``sections 7285, 8307, and 9285 of title 10''.
(2) Section 40303(b) of such title is amended by striking
``section 9447 of title 10'' and inserting ``section 9497 of title
10''.
(m) Title 37, United States Code.--
(1) Section 207(c) of title 37, United States Code, is amended
by striking ``section 6222 of title 10'' and inserting ``section
8287 of title 10''.
(2) Section 301a(a)(6)(D) of such title is amended by striking
``section 6911 of title 10'' and inserting ``section 8411 of title
10''.
(3) Section 334(h)(4) of such title is amended by striking
``section 6911 of title 10'' and inserting ``section 8411 of title
10''.
(4) Section 424(c) of such title is amended by striking
``section 6222 of title 10'' and inserting ``section 8287 of title
10''.
(n) Title 38, United States Code.--
(1) The following provisions of chapter 17 of title 38, United
States Code, are amended by striking ``section 3741, 6241, or 8741
of title 10'' and inserting ``section 7271, 8291, or 9271 of title
10'':
(A) Section 1705(a)(1).
(B) Section 1710(a)(2)(D).
(C) Section 1710B(c)(2)(D).
(D) Section 1722A(a)(3)(D).
(2) Section 2306(d)(5) of such title is amended by striking
``section 3741, 6241, or 8741 of title 10'' in subparagraphs
(C)(iii) and (D) and inserting ``section 7271, 8291, or 9271 of
title 10''.
(3) Section 3311(d)(2) of such title is amended by striking
``section 4348, 6959, or 9348 of title 10'' and inserting ``section
7448, 8459, or 9448 of title 10''.
(n) Laws Classified in Title 42, United States Code.--
(1) Section 106 of the Naval Petroleum Reserves Production Act
of 1976 (42 U.S.C. 6506) is amended by striking ``section 7430 of
title 10, United States Code'' and inserting ``section 8730 of
title 10, United States Code''.
(2) Section 3022 of the Solid Waste Disposal Act (42 U.S.C.
6939d) is amended--
(A) in subsection (c)(2), by striking ``section 7293 and
sections 7304 through 7308 of title 10, United States Code''
and inserting ``section 8663 and sections 8674 through 8678 of
title 10, United States Code''; and
(B) in subsection (d), by striking ``section 7311 of title
10, United States Code'' and inserting ``section 8681 of title
10, United States Code''.
(3) The Department of Energy Organization Act is amended--
(A) in section 307 (42 U.S.C. 7156), by striking ``chapter
641 of title 10, United States Code'' in the matter before
paragraph (1) and inserting ``chapter 869 of title 10, United
States Code''; and
(B) in section 625(a) (42 U.S.C. 7235(a)), by striking
``chapter 641 of title 10, United States Code'' and inserting
``chapter 869 of title 10, United States Code''.
(4) Section 102(f)(3) of the Uranium Mill Tailings Radiation
Control Act of 1978 (42 U.S.C. 7912(f)(3)) is amended by striking
``(10 U.S.C. 7420 note; Public Law 105-261)'' in the matter before
subparagraph (A) and inserting ``(10 U.S.C. 8720 note; Public Law
105-261)''.
(p) Laws Classified in Title 43, United States Code.--Section 2(e)
of the Alaska Native Claims Settlement Act (43 U.S.C. 1601(e)) is
amended by striking ``sections 7421 through 7438 of title 10 of the
United States Code'' and inserting ``sections 8721 through 8738 of
title 10, United States Code,''.
(q) Title 46, United States Code.--Section 57100(d)(1) of title 46,
United States Code, is amended by striking ``section 7310 of title 10,
United States Code,'' and inserting ``section 8680 of title 10''.
(r) Laws Classified in Title 50, United States Code.--Section
505(a)(2)(B)(i) of the National Security Act of 1947 (50 U.S.C.
3095(a)(2)(B)(i)) is amended by striking ``(including a law enacted
pursuant to section 7307(a) of that title)'' and inserting ``(including
a law enacted pursuant to section 8677(a) of title 10)''.
(s) Title 54, United States Code.--Section 303102 of title 54,
United States Code, is amended by striking ``section 7433(b) of title
10'' and inserting ``section 8733(b) of title 10''.
(t) Deeming Rule for Other References.--Any reference in a
provision of law (other than a provision amended by this section) to a
section or chapter redesignated by this part shall be deemed to refer
to the section or chapter as so redesignated.
PART III--REPEALS OF CERTAIN PROVISIONS OF DEFENSE ACQUISITION LAW
SEC. 811. AMENDMENT TO AND REPEAL OF STATUTORY REQUIREMENTS FOR
CERTAIN POSITIONS OR OFFICES IN THE DEPARTMENT OF DEFENSE.
(a) Amendment Relating to Director of Corrosion Policy and
Oversight.--Section 2228(a) of title 10, United States Code, is
amended--
(1) by striking ``, Technology, and Logistics'' and inserting
``and Sustainment'' both places it appears; and
(2) by striking ``The Director shall report directly to the
Under Secretary'' at the end of paragraph (2).
(b) Repeal of Statutory Requirement for Office of Technology
Transition.--
(1) Repeal.--Section 2515 of title 10, United States Code, is
repealed.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter III of chapter 148 of such title is amended by
striking the item relating to section 2515.
(c) Repeal of Statutory Requirement for Office for Foreign Defense
Critical Technology Monitoring and Assessment.--
(1) Repeal.--Section 2517 of title 10, United States Code, is
repealed.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter III of chapter 148 of such title is amended by
striking the item relating to section 2517.
(d) Repeal of Statutory Requirement for Defense Logistics Agency
Advocate for Competition.--
(1) Repeal.--Section 2318 of title 10, United States Code, is
amended--
(A) by striking subsection (a); and
(B) by striking ``(b)'' before ``Each advocate''.
(2) Technical amendments.--Such section is further amended--
(A) by striking ``advocate for competition of'' and
inserting ``advocate for competition designated pursuant to
section 1705(a) of title 41 for''; and
(B) by striking ``a grade GS-16 or above under the General
Schedule (or in a comparable or higher position under another
schedule)'' and inserting ``in a position classified above GS-
15 pursuant to section 5108 of title 5''.
(e) Repeal of Statutory Requirement for Designation of Individual
to Serve as Primary Liaison Between the Procurement and Research and
Development Activities of the United States Armed Forces and Those of
the State of Israel.--Section 1006 of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat.
2040; 10 U.S.C. 133a note) is repealed.
(f) Repeal of Statutory Requirement for Designation of Senior
Official to Coordinate and Manage Human Systems Integration Activities
Related to Acquisition Programs.--Section 231 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
45; 10 U.S.C. 1701 note) is amended--
(1) by striking ``(a) In General.--''; and
(2) by striking subsections (b), (c), and (d).
(g) Repeal of Statutory Requirement for Designation of Senior
Official Responsible for Focus on Urgent Operational Needs and Rapid
Acquisition.--Section 902 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1865; 10 U.S.C. 2302
note) is repealed.
(h) Repeal of Statutory Requirement for Designation of Senior
Official Responsible for Dual-use Projects Under Dual-use Science and
Technology Program.--Section 203 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 2511 note) is
amended by striking subsection (c).
(i) Submission of Notice and Plan to Congress.--Not less than 30
days before reorganizing, restructuring, or eliminating any position or
office specified in this section, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of Representatives
notice of such reorganization, restructuring, or elimination together
with a plan to ensure that mission requirements are met and appropriate
oversight is conducted in carrying out such reorganization,
restructuring, or elimination. Such plan shall address how user needs
will be met and how associated roles and responsibilities will be
accomplished for each position or office that the Secretary determines
requiring reorganization, restructuring, or elimination.
SEC. 812. REPEAL OF CERTAIN DEFENSE ACQUISITION LAWS.
(a) Title 10, United States Code.--
(1) Section 167a.--
(A) Repeal.--Section 167a of title 10, United States Code,
is repealed.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 6 of such title is amended by striking the
item relating to section 167a.
(C) Conforming amendment.--Section 905(a)(1) of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 10 U.S.C. 133a note) is amended by
striking ``166b, 167, or 167a'' and inserting ``166b or 167''.
(2) Section 2323.--
(A) Repeal.--Section 2323 of title 10, United States Code,
is repealed.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 137 of such title is amended by striking
the item relating to section 2323.
(C) Conforming amendments.--
(i) Section 853(c) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136;
10 U.S.C. 2302 note) is amended by striking ``section 2323
of title 10, United States Code, and''.
(ii) Section 831(n) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
10 U.S.C. 2302 note) is amended--
(I) in paragraph (4), by inserting ``, as in effect
on March 1, 2018'' after ``section 2323 of title 10,
United States Code''; and
(II) in paragraph (6), by striking ``section 2323
of title 10, United States Code, and''.
(iii) Section 8304(1) of the Federal Acquisition
Streamlining Act of 1994 (10 U.S.C. 2375 note) is amended
by striking ``section 2323 of title 10, United States Code,
or''.
(iv) Section 10004(a)(1) of the Federal Acquisition
Streamlining Act of 1994 (41 U.S.C. 1122 note) is amended
by striking ``section 2323 of title 10, United States Code,
or''.
(v) Section 2304(b)(2) of title 10, United States Code,
is amended by striking ``and concerns other than'' and all
that follows through ``this title''.
(vi) Section 2304e(b) of title 10, United States Code,
is amended--
(I) by striking ``other than--'' and all that
follows through ``small'' and inserting ``other than
small'';
(II) by striking ``; or'' and inserting a period;
and
(III) by striking paragraph (2).
(vii) Section 2323a(a) of title 10, United States Code,
is amended by striking ``section 2323 of this title and''.
(viii) Section 15 of the Small Business Act (15 U.S.C.
644) is amended--
(I) in subsection (j)(3), by striking ``section
2323 of title 10, United States Code,'';
(II) in subsection (k)(10)--
(aa) by striking ``or section 2323 of title 10,
United States Code,'' and all that follows through
``subsection (m),''; and
(bb) by striking ``subsection (a),'' and
inserting ``subsection (a) or''; and
(III) by amending subsection (m) to read as
follows:
``(m) Additional Duties of Procurement Center Representatives.--All
procurement center representatives (including those referred to in
subsection (k)(6)), in addition to such other duties as may be assigned
by the Administrator, shall increase, insofar as possible, the number
and dollar value of procurements that may be used for the programs
established under this section and section 8(a).''.
(ix) Section 1902(b)(1) of title 41, United States
Code, is amended by striking ``, section 2323 of title
10,''.
(3) Section 2332.--
(A) Repeal.--Section 2332 of title 10, United States Code,
is repealed.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 137 of such title is amended by striking
the item relating to section 2332.
(b) Other Provisions of Law.--The following provisions of law are
repealed:
(1) Section 934 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2223a note).
(2) Section 804 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2223a note).
(3) Section 804 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2302 note).
(4) Section 829 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2302 note).
(5) Section 818(g) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 2302 note).
(6) Section 815(b) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note).
(7) Section 141 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10
U.S.C. 2302 note).
(8) Section 801(b) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 2302 note).
(9) Section 352 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2302 note).
(10) Section 9004 of the Department of Defense Appropriations
Act, 1990 (Public Law 101-165; 10 U.S.C. 2302 note).
(11) Section 802 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 2304 note).
(12) Section 813 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2304 note).
(13) Section 391 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 2304 note).
(14) Section 927(b) of Public Laws 99-500, 99-591, and 99-661
(10 U.S.C. 2304 note).
(15) Section 1222(b) of the National Defense Authorization Act
for Fiscal Year 1987 (Public Law 99-661; 10 U.S.C. 2304 note).
(16) Section 814(b) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2304a note).
(17) Section 834 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2304b note).
(18) Section 803 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 10
U.S.C. 2306a note).
(19) Section 1075 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2315 note).
(20) Section 818 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2324 note).
(21) Sections 908(a), (b), (c), and (e) of Public Laws 99-500,
99-591, and 99-661 (10 U.S.C. 2326 note).
(22) Section 807 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 2330 note).
(23) Section 808(d) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2330 note).
(24) Section 812(b)-(c) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 2330 note).
(25) Section 801(d)-(f) of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2330 note).
(26) Section 802 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2330 note).
(27) Section 831 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 2330a note).
(28) Section 1032 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2358 note).
(29) Section 241 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2358 note).
(30) Section 913(b) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 2364 note).
(31) Sections 234(a) and (b) of the National Defense
Authorization Act for Fiscal Year 1987 (Public Law 99-661; 10
U.S.C. 2364 note).
(32) Section 943(b) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2366a note).
(33) Section 801 of the National Defense Authorization Act for
Fiscal Year 1990 (Public Law 101-189; 10 U.S.C. 2399 note).
(34) Section 8133 of the Department of Defense Appropriations
Act, 2000 (Public Law 106-79; 10 U.S.C. 2401a note).
(35) Section 807(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2410p note).
(36) Section 1058 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. 2430 note).
(37) Section 838 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2430 note).
(38) Section 809 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2430 note).
(39) Section 833 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2430 note).
(40) Section 839 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2430 note).
(41) Section 819 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2430 note).
(42) Section 5064 of the Federal Acquisition Streamlining Act
of 1994 (Public Law 103-355; 10 U.S.C. 2430 note).
(43) Section 803 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 2430 note).
(44) Section 328 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2458 note).
(45) Section 347 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 10
U.S.C. 2458 note).
(46) Section 349 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 10
U.S.C. 2458 note).
(47) Section 395 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 2458 note).
(48) Section 325 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10
U.S.C. 2461 note).
(49) Section 336 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 2461 note).
(50) Section 353(a) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2461 note).
(51) Section 353(b) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2461 note).
(52) Section 356 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2461 note).
(53) Section 1010 of the USA Patriot Act of 2001 (Public Law
107-56; 10 U.S.C. 2465 note).
(54) Section 4101 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2500 note).
(55) Section 852 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 2504 note).
(56) Section 823 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 2521 note).
(57) Section 823 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 2533b note).
(58) Section 804(h) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2533b note).
(59) Section 842(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2533b note).
(60) Section 343 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 10 U.S.C. 4551 note).
SEC. 813. REPEAL OF CERTAIN DEPARTMENT OF DEFENSE REPORTING
REQUIREMENTS.
(a) Amendments to Title 10, United States Code.--Title 10, United
States Code, is amended as follows:
(1) Section 231a.--
(A) Repeal.--Section 231a is repealed.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 9 is amended by striking the item relating
to section 231a.
(2) Section 2276.--Section 2276 is amended by striking
subsection (e).
(b) NDAA for FY 2008.--The National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) is amended--
(1) in section 911(f) (10 U.S.C. 2271 note)--
(A) in the subsection heading, by striking ``; Biennial
Update'';
(B) in paragraph (3), by striking ``, and each update
required by paragraph (2),''; and
(C) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(2) in section 1034--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d).
(c) NDAA for FY 2009.--Section 1047(d) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 10 U.S.C. 2366b note) is amended--
(1) in the subsection heading, by striking ``Bandwidth'' and
all that follows through ``The Secretary'' and inserting
``Bandwidth Requirements.--The Secretary''; and
(2) by striking paragraph (2).
(d) NDAA for FY 2010.--Section 1244 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 22 U.S.C.
1928 note) is amended by striking subsection (d).
(e) NDAA for FY 2011.--Section 1217 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 22
U.S.C. 7513 note) is amended by striking subsection (i).
(f) NDAA for FY 2013.--Section 524 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1723; 10 U.S.C. 1222 note) is amended by striking subsection (c).
(g) NDAA for FY 2015.--Section 1026(d) of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 128 Stat. 3490) is repealed.
(h) Military Construction Authorization Act, 1982.--Section 703 of
the Military Construction Authorization Act, 1982 (Public Law 97-99; 95
Stat. 1376) is amended by striking subsection (g).
(i) Conforming Amendments.--
(1) NDAA for fy 2017.--Section 1061 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 111 note) is amended--
(A) in subsection (c), by striking paragraphs (16) and
(41);
(B) in subsection (d), by striking paragraph (3);
(C) in subsection (f), by striking paragraph (1);
(D) in subsection (g), by striking paragraph (3);
(E) in subsection (h), by striking paragraph (3); and
(F) in subsection (i), by striking paragraphs (15), (17),
and (24).
(2) NDAA for fy 2000.--Section 1031 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 749; 31 U.S.C. 1113 note) is amended by striking paragraph
(32).
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 816. MODIFICATION OF LIMITATIONS ON SINGLE SOURCE TASK OR
DELIVERY ORDER CONTRACTS.
Section 2304a(d)(3)(A) of title 10, United States Code, is amended
by striking ``reasonably perform the work'' and inserting ``efficiently
perform the work''.
SEC. 817. PRELIMINARY COST ANALYSIS REQUIREMENT FOR EXERCISE OF
MULTIYEAR CONTRACT AUTHORITY.
Section 2306b(i)(2)(B) of title 10, United States Code, is
amended--
(1) by striking ``made after the completion of a cost
analysis'' and inserting ``supported by a preliminary cost
analysis''; and
(2) by striking ``for the purpose of section 2334(e)(1) of this
title, and that the analysis supports those preliminary findings''.
SEC. 818. REVISION OF REQUIREMENT TO SUBMIT INFORMATION ON SERVICES
CONTRACTS TO CONGRESS.
(a) Revision.--Section 2329(b) of title 10, United States Code, is
amended--
(1) by striking ``October 1, 2022'' and inserting ``October 1,
2021''; and
(2) in paragraph (1)--
(A) by striking ``at or about'' and inserting ``at or
before''; and
(B) by inserting ``or on the date on which the future-years
defense program is submitted to Congress under section 221 of
this title'' after ``title 31'';
(3) in paragraph (3), by striking ``and'' at the end;
(4) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(5) be included in the future-years defense program submitted
to Congress under section 221 of this title.''.
(b) Briefing Requirement on Services Contracts.--Not later than 180
days after the date of the enactment of this Act, and every 180 days
thereafter until the requirements of section 2329(b) of title 10,
United States Code, are met, the Under Secretary of Defense for
Acquisition and Sustainment shall brief the congressional defense
committees on the progress of Department of Defense efforts to meet the
requirements of such section, including relevant information on the
methodology and implementation plans for future compliance.
SEC. 819. DATA COLLECTION AND INVENTORY FOR SERVICES CONTRACTS.
Section 2330a of title 10, United States Code, is amended in
subsection (c)(1)--
(1) by inserting ``and contracts closely associated with
inherently governmental functions'' after ``staff augmentation
contracts''; and
(2) by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' each place it appears and inserting
``Under Secretary of Defense for Acquisition and Sustainment''.
SEC. 820. REPORT ON CLARIFICATION OF SERVICES CONTRACTING
DEFINITIONS.
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 clarifying the definitions of and relationships
between terms used by the Department of Defense related to services
contracting, including the appropriate use of personal services
contracts and nonpersonal services contracts, and the responsibilities
of individuals in the acquisition workforce with respect to such
contracts.
SEC. 821. INCREASE IN MICRO-PURCHASE THRESHOLD APPLICABLE TO
DEPARTMENT OF DEFENSE.
(a) In General.--Section 2338 of title 10, United States Code, is
amended by striking ``Notwithstanding subsection (a) of section 1902 of
title 41, the micro-purchase threshold for the Department of Defense
for purposes of such section is $5,000'' and inserting ``The micro-
purchase threshold for the Department of Defense is $10,000''.
(b) Conforming Amendment.--Section 1902(a)(1) of title 41, United
States Code, is amended by striking ``sections 2338 and 2339 of title
10 and''.
(c) Repeal of Obsolete Authority.--
(1) In general.--Section 2339 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 137 of title 10, United States Code, is amended by
striking the item relating to section 2339.
SEC. 822. DEPARTMENT OF DEFENSE CONTRACTING DISPUTE MATTERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall carry out a study
of the frequency and effects of bid protests involving the same
contract award or proposed award that have been filed at both the
Government Accountability Office and the United States Court of Federal
Claims. The study shall cover Department of Defense contracts and
include, at a minimum--
(1) the number of protests that have been filed with both
tribunals and results;
(2) the number of such protests where the tribunals differed in
denying or sustaining the action;
(3) the length of time, in average time and median time--
(A) from initial filing at the Government Accountability
Office to decision in the United States Court of Federal
Claims;
(B) from filing with each tribunal to decision by such
tribunal;
(C) from the time at which the basis of the protest is
known to the time of filing in each tribunal; and
(D) in the case of an appeal from a decision of the United
States Court of Federal Claims, from the date of the initial
filing of the appeal to decision in the appeal;
(4) the number of protests where performance was stayed or
enjoined and for how long;
(5) if performance was stayed or enjoined, whether the
requirement was obtained in the interim through another vehicle or
in-house, or whether during the period of the stay or enjoining the
requirement went unfulfilled;
(6) separately for each tribunal, the number of protests where
performance was stayed or enjoined and monetary damages were
awarded, which shall include for how long performance was stayed or
enjoined and the amount of monetary damages;
(7) whether the protestor was a large or small business; and
(8) whether the protestor was the incumbent in a prior contract
for the same or similar product or service.
(b) Report.--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, the Committee on the Judiciary of the
Senate, and the Committee on the Judiciary of the House of
Representatives a report on the results of the study, along with
related recommendations for improving the expediency of the bid protest
process. In preparing the report, the Secretary shall consult with the
Attorney General of the United States, the Comptroller General of the
United States, and the United States Court of Federal Claims.
(c) Ongoing Data Collection.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense shall
establish and continuously maintain a data repository to collect on an
ongoing basis the information described in subsection (a) and any
additional relevant bid protest data the Secretary determines necessary
and appropriate to allow the Department of Defense, the Government
Accountability Office, and the United States Court of Federal Claims to
assess and review bid protests over time.
(d) Establishment of Expedited Process for Small Value Contracts.--
(1) In general.--Not later than December 1, 2019, the Secretary
of Defense shall develop a plan and schedule for an expedited bid
protest process for Department of Defense contracts with a value of
less than $100,000.
(2) Consultation.--In carrying out paragraph (1), the Secretary
of Defense may consult with the Government Accountability Office
and the United States Court of Federal Claims to the extent such
entities may establish a similar process at their election.
(3) Report.--Not later than May 1, 2019, the Secretary of
Defense shall submit to the congressional defense committees a
report on the plan and schedule for implementation of the expedited
bid protest process, which shall include a request for any
additional authorities the Secretary determines appropriate for
such efforts.
SEC. 823. INCLUSION OF BEST AVAILABLE INFORMATION REGARDING PAST
PERFORMANCE OF SUBCONTRACTORS AND JOINT VENTURE PARTNERS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the Federal
Acquisition Regulatory Council and the Administrator for Federal
Procurement Policy, shall develop policies for the Department of
Defense to ensure the best information regarding past performance of
certain subcontractors and joint venture partners is available when
awarding Department of Defense contracts. The policies shall include
proposed revisions to the Defense Federal Acquisition Regulation
Supplement as follows:
(1) Required performance evaluations, as part of a government-
wide evaluation reporting tool, for first-tier subcontractors on
construction and architect-engineer contracts performing a portion
of the contract valued at the threshold set forth in section
42.1502(e) of the Federal Acquisition Regulation, or 20 percent of
the value of the prime contract, whichever is higher, provided--
(A) the information included in rating the subcontractor is
not inconsistent with the information included in the rating
for the prime contractor;
(B) the subcontractor evaluation is conducted consistent
with the provisions of section 42.15 of the Federal Acquisition
Regulation;
(C) negative evaluations of a subcontractor in no way
obviate the prime contractor's responsibility for successful
completion of the contract and management of its
subcontractors; and
(D) that in the judgment of the contracting officer, the
overall execution of the work is impacted by the performance of
the subcontractor or subcontractors.
(2) Required performance evaluations, as part of a government-
wide evaluation reporting tool, of individual partners of joint
venture-awarded construction and architect-engineer contracts
valued at the threshold set forth in section 42.1502(e) of the
Federal Acquisition Regulation, to ensure that past performance on
joint venture projects is considered in future awards to individual
joint venture partners, provided--
(A) at a minimum, the rating for joint ventures includes an
identification that allows the evaluation to be retrieved for
each partner of the joint venture;
(B) each partner, through the joint venture, is given the
same opportunity to submit comments, rebutting statements, or
additional information, consistent with the provisions of
section 42.15 of the Federal Acquisition Regulation; and
(C) the rating clearly identifies the responsibilities of
joint venture partners for discrete elements of the work where
the partners are not jointly and severally responsible for the
project.
(3) Processes to request exceptions from the annual evaluation
requirement under section 42.1502(a) of the Federal Acquisition
Regulation for construction and architect-engineer contracts where
submission of the annual evaluations would not provide the best
representation of the performance of a contractor, including
subcontractors and joint venture partners, including--
(A) where no severable element of the work has been
completed;
(B) where the contracting officer determines that--
(i) an insubstantial portion of the contract work has
been completed in the preceding year; and
(ii) the lack of performance is at no fault to the
contractor; or
(C) where the contracting officer determines that there is
an issue in dispute which, until resolved, would likely cause
the annual rating to inaccurately reflect the past performance
of the contractor.
SEC. 824. SUBCONTRACTING PRICE AND APPROVED PURCHASING SYSTEMS.
(a) Amendment.--Section 893 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C.
2302 note) is amended--
(1) in subsection (g), by adding at the end the following new
paragraph:
``(5) The term `approved purchasing system' has the meaning
given the term in section 44.101 of the Federal Acquisition
Regulation (or any similar regulation).''; and
(2) by adding at the end the following new subsection:
``(i) Consent to Subcontract.--If the contractor on a Department of
Defense contract requiring a contracting officer's written consent
prior to the contractor entering into a subcontract has an approved
purchasing system, the contracting officer may not withhold such
consent without the written approval of the program manager.''.
(b) Conforming Regulations.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall revise the
Defense Federal Acquisition Regulation Supplement to conform with the
amendments 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) made by this section.
SEC. 825. MODIFICATION OF CRITERIA FOR WAIVERS OF REQUIREMENT FOR
CERTIFIED COST AND PRICE DATA.
Section 817(b)(2) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2306a note) is
amended by striking ``; and'' and inserting ``; or''.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
SEC. 831. REVISIONS IN AUTHORITY RELATING TO PROGRAM COST TARGETS
AND FIELDING TARGETS FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Revisions in Authority Relating to Program Cost and Fielding
Targets.--Section 2448a of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``Secretary of Defense'' and
inserting ``designated milestone decision authority for the
program'';
(2) by striking ``the milestone decision authority for the
major defense acquisition program approves a program that'' and
inserting ``the program'';
(3) by striking subsection (b); and
(4) by redesignating subsection (c) as subsection (b).
(b) Conforming Amendments.--
(1) Section 181(b) of title 10, United States Code, is
amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (3), (4), (5), and (6), respectively.
(2) Section 2366a(c)(1)(A) of such title is amended by striking
``by the Secretary of Defense''.
(3) Section 2366b of such title is amended--
(A) in subsection (a)(3)(D), by striking ``Secretary of
Defense after a request for such increase or delay by the'';
and
(B) in subsection (c)(1)(A), by striking ``by the Secretary
of Defense''.
(4) Section 925(b)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2361; 10 U.S.C.
2448a note) is amended by striking ``Deputy Secretary of Defense
and the Vice Chairman of the Joint Chiefs of Staff'' and inserting
``designated milestone decision authority for the major defense
acquisition program and the Vice Chief of Staff of the armed force
concerned or, in the case of a program for which an alternate
milestone decision authority is designated under section 2430(d)(2)
of such title, the Vice Chairman of the Joint Chiefs of Staff''.
SEC. 832. IMPLEMENTATION OF RECOMMENDATIONS OF THE INDEPENDENT
STUDY ON CONSIDERATION OF SUSTAINMENT IN WEAPONS SYSTEMS LIFE
CYCLE.
(a) Implementation Required.--Not later than 18 months after the
date of the enactment of this Act, the Secretary of Defense shall,
except as provided under subsection (b), commence implementation of
each recommendation submitted as part of the independent assessment
produced under section 844 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2290).
(b) Exceptions.--
(1) Delayed implementation.--The Secretary of Defense may
commence implementation of a recommendation described under
subsection (a) later than the date required under such subsection
if the Secretary provides the congressional defense committees with
a specific justification for the delay in implementation of such
recommendation.
(2) Nonimplementation.--The Secretary of Defense may opt not to
implement a recommendation described under subsection (a) if the
Secretary provides to the congressional defense committees--
(A) the reasons for the decision not to implement the
recommendation; and
(B) a summary of the alternative actions the Secretary
plans to take to address the purposes underlying the
recommendation.
(c) Implementation Plans.--For each recommendation that the
Secretary is implementing, or that the Secretary plans to implement,
the Secretary shall submit to the congressional defense committees--
(1) a summary of actions that have been taken to implement the
recommendation; and
(2) a schedule, with specific milestones, for completing the
implementation of the recommendation.
SEC. 833. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION PROGRAMS
AND RELATED INITIATIVES.
(a) In General.--Chapter 131 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2229b. Comptroller General assessment of acquisition programs
and initiatives
``(a) Assessment Required.--The Comptroller General of the United
States shall submit to the congressional defense committees an annual
assessment of selected acquisition programs and initiatives of the
Department of Defense by March 30th of each year from 2020 through
2023.
``(b) Analyses To Be Included.--The assessment required under
subsection (a) shall include--
``(1) a macro analysis of how well acquisition programs and
initiatives are performing and reasons for that performance;
``(2) a summary of organizational and legislative changes and
emerging assessment methodologies since the last assessment, and a
discussion of the implications for execution and oversight of
programs and initiatives; and
``(3) specific analyses of individual acquisition programs and
initiatives.
``(c) Acquisition Programs and Initiatives to Be Considered.--The
assessment required under subsection (a) shall consider the following
programs and initiatives:
``(1) Selected weapon systems, as determined appropriate by the
Comptroller General.
``(2) Selected information technology systems and initiatives,
including defense business systems, networks, and software-
intensive systems, as determined appropriate by the Comptroller
General.
``(3) Selected prototyping and rapid fielding activities and
initiatives, as determined appropriate by the Comptroller
General.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2229a the following new item:
``2229b. Comptroller General assessment of acquisition programs and
related initiatives.''.
(c) Repeal of Superseded Authority.--Section 883(d) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2222 note) is amended by striking paragraph (1), effective on
January 1, 2020.
Subtitle D--Provisions Relating to Commercial Items
SEC. 836. REVISION OF DEFINITION OF COMMERCIAL ITEM FOR PURPOSES OF
FEDERAL ACQUISITION STATUTES.
(a) Definitions in Chapter 1 of Title 41, United States Code.--
(1) Separation of ``commercial item'' definition into
definitions of ``commercial product'' and ``commercial service''.--
Chapter 1 of title 41, United States Code, is amended by striking
section 103 and inserting the following new sections:
``Sec. 103. Commercial product
``In this subtitle, the term `commercial product' means any of the
following:
``(1) A product, other than real property, that--
``(A) is of a type customarily used by the general public
or by nongovernmental entities for purposes other than
governmental purposes; and
``(B) has been sold, leased, or licensed, or offered for
sale, lease, or license, to the general public.
``(2) A product that--
``(A) evolved from a product described in paragraph (1)
through advances in technology or performance; and
``(B) is not yet available in the commercial marketplace
but will be available in the commercial marketplace in time to
satisfy the delivery requirements under a Federal Government
solicitation.
``(3) A product that would satisfy the criteria in paragraph
(1) or (2) were it not for--
``(A) modifications of a type customarily available in the
commercial marketplace; or
``(B) minor modifications made to meet Federal Government
requirements.
``(4) Any combination of products meeting the requirements of
paragraph (1), (2), or (3) that are of a type customarily combined
and sold in combination to the general public.
``(5) A product, or combination of products, referred to in
paragraphs (1) through (4), even though the product, or combination
of products, is transferred between or among separate divisions,
subsidiaries, or affiliates of a contractor.
``(6) A nondevelopmental item if the procuring agency
determines, in accordance with conditions in the Federal
Acquisition Regulation, that--
``(A) the product was developed exclusively at private
expense; and
``(B) has been sold in substantial quantities, on a
competitive basis, to multiple State and local governments or
to multiple foreign governments.
``Sec. 103a. Commercial service
``In this subtitle, the term `commercial service' means any of the
following:
``(1) Installation services, maintenance services, repair
services, training services, and other services if--
``(A) those services are procured for support of a
commercial product, regardless of whether the services are
provided by the same source or at the same time as the
commercial product; and
``(B) the source of the services provides similar services
contemporaneously to the general public under terms and
conditions similar to those offered to the Federal Government;
``(2) Services of a type offered and sold competitively, in
substantial quantities, in the commercial marketplace--
``(A) based on established catalog or market prices;
``(B) for specific tasks performed or specific outcomes to
be achieved; and
``(C) under standard commercial terms and conditions.
``(3) A service described in paragraph (1) or (2), even though
the service is transferred between or among separate divisions,
subsidiaries, or affiliates of a contractor.''.
(2) Conforming amendments to title 41 definitions.--
(A) Definition of commercial component.--Section 102 of
such title is amended by striking ``commercial item'' and
inserting ``commercial product''.
(B) Definition of commercially available off-the-shelf
item.--Section 104(1)(A) is amended by striking ``commercial
item'' and inserting ``commercial product''.
(C) Definition of nondevelopmental item.--Section 110(1) of
such title is amended by striking ``commercial item'' and
inserting ``commercial product''.
(3) Clerical amendment.--The table of sections at the beginning
of chapter 1 of title 41, United States Code, is amended by
striking the item relating to section 103 and inserting the
following new items:
``103. Commercial product.
``103a. Commercial service.''.
(b) Conforming Amendments to Other Provisions of Title 41, United
States Code.--Title 41, United States Code, is further amended as
follows:
(1) Section 1502(b) is amended--
(A) in paragraph (1)(A), by striking ``commercial items''
and inserting ``commercial products or commercial services'';
(B) in paragraph (1)(C)(i), by striking ``commercial item''
and inserting ``commercial product or commercial service''; and
(C) in paragraph (3)(A)(i), by striking ``commercial
items'' and inserting ``commercial products or commercial
services''.
(2) Section 1705(c) is amended by striking ``commercial items''
and inserting ``commercial products and commercial services''.
(3) Section 1708 is amended by striking ``commercial items'' in
subsections (c)(6) and (e)(3) and inserting ``commercial products
or commercial services''.
(4) Section 1901 is amended--
(A) in subsection (a)(2), by striking ``commercial items''
and inserting ``commercial products or commercial services'';
and
(B) in subsection (e)--
(i) by striking ``Commercial Items'' in the subsection
heading and inserting ``Commercial Products and Commercial
Services''; and
(ii) by striking ``commercial items'' and inserting
``commercial products or commercial services''.
(5) Section 1903(c) is amended--
(A) in the subsection heading, by striking ``Commercial
Item'' and inserting ``Commercial Product or Commercial
Service'';
(B) in paragraph (1), by striking ``as a commercial item''
and inserting ``as a commercial product or a commercial
service''; and
(C) in paragraph (2), by striking ``for an item or service
treated as a commercial item'' and inserting ``for a product or
service treated as a commercial product or a commercial
service''.
(6)(A) Section 1906 is amended by striking ``commercial items''
each place it appears in subsections (b), (c), and (d) and
inserting ``commercial products or commercial services''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 1906. List of laws inapplicable to procurements of commercial
products and commercial services''.
(ii) The table of sections at the beginning of chapter 19 is
amended by striking the item relating to section 1906 and inserting
the following new item:
``1906. List of laws inapplicable to procurements of commercial products
and commercial services.''.
(7) Section 3304 is amended by striking ``commercial item'' in
subsections (a)(5) and (e)(4)(B) and inserting ``commercial
product''.
(8) Section 3305(a)(2) is amended by striking ``commercial
items'' and inserting ``commercial products or commercial
services''.
(9) Section 3306(b) is amended by striking ``commercial items''
and inserting ``commercial products or commercial services''.
(10)(A) Section 3307 is amended--
(i) in subsection (a)--
(I) by striking ``Commercial Items'' in the subsection
heading and inserting ``Commercial Products and Commercial
Services'';
(II) in paragraph (1), by striking ``commercial items''
and inserting ``commercial products and commercial
services''; and
(III) in paragraph (2), by striking ``a commercial
item'' and inserting ``a commercial product or commercial
service'';
(ii) in subsection (b)--
(I) in paragraph (2), by striking ``commercial items
or, to the extent that commercial items suitable to meet
the executive agency's needs are not available,
nondevelopmental items other than commercial items'' and
inserting ``commercial services or commercial products or,
to the extent that commercial products suitable to meet the
executive agency's needs are not available,
nondevelopmental items other than commercial products'';
and
(II) in paragraph (3), by striking ``commercial items
and nondevelopmental items other than commercial items''
and inserting ``commercial services, commercial products,
and nondevelopmental items other than commercial
products'';
(iii) in subsection (c)--
(I) in paragraphs (1) and (2), by striking ``commercial
items or nondevelopmental items other than commercial
items'' and inserting ``commercial services or commercial
products or nondevelopmental items other than commercial
products'';
(II) in paragraphs (3) and (4), by striking
``commercial items or, to the extent that commercial items
suitable to meet the executive agency's needs are not
available, nondevelopmental items other than commercial
items'' and inserting ``commercial services or commercial
products or, to the extent that commercial products
suitable to meet the executive agency's needs are not
available, nondevelopmental items other than commercial
products''; and
(III) in paragraphs (5) and (6), by striking
``commercial items'' and inserting ``commercial products
and commercial services'';
(iv) in subsection (d)(2), by striking ``commercial items
or, to the extent that commercial items suitable to meet the
executive agency's needs are not available, nondevelopmental
items other than commercial items'' and inserting ``commercial
services or commercial products or, to the extent that
commercial products suitable to meet the executive agency's
needs are not available, nondevelopmental items other than
commercial products''; and
(v) in subsection (e)--
(I) in paragraph (1), by inserting ``103a, 104,'' after
``sections 102, 103,'';
(II) in paragraph (2)(A), by striking ``commercial
items'' and inserting ``commercial products or commercial
services'';
(III) in the first sentence of paragraph (2)(B), by
striking ``commercial end items'' and inserting ``end items
that are commercial products'';
(IV) in paragraphs (2)(B)(i), (2)(C)(i) and (2)(D), by
striking ``commercial items or commercial components'' and
inserting ``commercial products, commercial components, or
commercial services'';
(V) in paragraph (2)(C), in the matter preceding clause
(i), by striking ``commercial items'' and inserting
``commercial products or commercial services'';
(VI) in paragraph (4)(A), by striking ``commercial
items'' and inserting ``commercial products or commercial
services'';
(VII) in paragraph (4)(C)(i), by striking ``commercial
item, as described in section 103(5)'' and inserting
``commercial product, as described in section 103a(1)'';
and
(VIII) in paragraph (5), by striking ``items'' each
place it appears and inserting ``products''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 3307. Preference for commercial products and commercial
services''.
(ii) The table of sections at the beginning of chapter 33 is
amended by striking the item relating to section 3307 and inserting
the following new item:
``3307. Preference for commercial products and commercial services.''.
(11) Section 3501 is amended--
(A) in subsection (a)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(iii) in paragraph (2) (as so redesignated), by
striking ``commercial items'' and inserting ``commercial
products or commercial services''; and
(B) in subsection (b)--
(i) by striking ``item'' in the heading for paragraph
(1); and
(ii) by striking ``commercial items'' in paragraphs (1)
and (2)(A) and inserting ``commercial services''.
(12) Section 3503 is amended--
(A) in subsection (a)(2), by striking ``a commercial item''
and inserting ``a commercial product or a commercial service'';
and
(B) in subsection (b)--
(i) by striking ``Commercial Items'' in the subsection
heading and inserting ``Commercial Products or Commercial
Services''; and
(ii) by striking ``a commercial item'' each place it
appears and inserting ``a commercial product or a
commercial service''.
(13) Section 3505(b) is amended by striking ``commercial
items'' each place it appears and inserting ``commercial products
or commercial services''.
(14) Section 3509(b) is amended by striking ``commercial
items'' and inserting ``commercial products or commercial
services''.
(15) Section 3704(c)(5) is amended by striking ``commercial
item'' and inserting ``commercial product''.
(16) Section 3901(b)(3) is amended by striking ``commercial
items'' and inserting ``commercial products or commercial
services''.
(17) Section 4301(2) is amended by striking ``commercial
items'' and inserting ``commercial products or commercial
services''.
(18)(A) Section 4505 is amended by striking ``commercial
items'' in subsections (a) and (c) and inserting ``commercial
products or commercial services''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 4505. Payments for commercial products and commercial
services''.
(ii) The table of sections at the beginning of chapter 45 is
amended by striking the item relating to section 4505 and inserting
the following new item:
``4505. Payments for commercial products and commercial services.''.
(19) Section 4704(d) is amended by striking ``commercial
items'' both places it appears and inserting ``commercial products
or commercial services''.
(20) Sections 8102(a)(1), 8703(d)(2), and 8704(b) are amended
by striking ``commercial items (as defined in section 103 of this
title)'' and inserting ``commercial products or commercial services
(as defined in sections 103 and 103a, respectively, of this
title)''.
(c) Amendments to Chapter 137 of Title 10, United States Code.--
Chapter 137 of title 10, United States Code, is amended as follows:
(1) Section 2302(3) is amended--
(A) by redesignating subparagraphs (J), (K), and (L) as
subparagraphs (K), (L), and (M); and
(B) by striking subparagraph (I) and inserting the
following new subparagraphs (I) and (J):
``(I) The term `commercial product'.
``(J) The term `commercial service'.''.
(2) Section 2304 is amended--
(A) in subsections (c)(5) and (f)(2)(B), by striking
``brand-name commercial item'' and inserting ``brand-name
commercial product'';
(B) in subsection (g)(1)(B), by striking ``commercial
items'' and inserting ``commercial products or commercial
services''; and
(C) in subsection (i)(3), by striking ``commercial items''
and inserting ``commercial products''.
(3) Section 2305 is amended--
(A) in subsection (a)(2), by striking ``commercial items''
and inserting ``commercial products or commercial services'';
and
(B) in subsection (b)(5)(B)(v), by striking ``commercial
item'' and inserting ``commercial product''.
(4) Section 2306(b) is amended by striking ``commercial items''
and inserting ``commercial products or commercial services''.
(5) Section 2306a is amended--
(A) in subsection (b)--
(i) in paragraph (1)(B), by striking ``a commercial
item'' and inserting ``a commercial product or a commercial
service'';
(ii) in paragraph (2)--
(I) by striking ``Commercial items'' in the
paragraph heading and inserting ``Commercial products
or commercial services''; and
(II) by striking ``commercial item'' each place it
appears and inserting ``commercial product or
commercial services'';
(iii) in paragraph (3)--
(I) by striking ``Commercial items'' in the
paragraph heading and inserting ``Commercial
products''; and
(II) by striking ``item'' each place it appears and
inserting ``product''; and
(iv) in paragraph (4)--
(I) by striking ``Commercial item'' in the
paragraph heading and inserting ``Commercial product or
commercial service'';
(II) by striking ``commercial item'' in
subparagraph (A) after ``applying the'';
(III) by striking ``prior commercial item
determination'' in subparagraph (A) and inserting
``prior commercial product or commercial service
determination'';
(IV) by striking ``of such item'' in subparagraph
(A) and inserting ``of such product or service'';
(V) by striking ``of an item previously determined
to be a commercial item'' in subparagraph (B) and
inserting ``of a product or service previously
determined to be a commercial product or a commercial
service'';
(VI) by striking ``of a commercial item,'' in
subparagraph (B) and inserting ``of a commercial
product or a commercial service, as the case may be,'';
(VII) by striking ``the commercial item
determination'' in subparagraph (B) and inserting ``the
commercial product or commercial service
determination''; and
(VIII) by striking ``commercial item'' in
subparagraph (C); and
(v) in paragraph (5), by striking ``commercial items''
and inserting ``commercial products or commercial
services'';
(B) in subsection (d)(2), by striking ``commercial items''
each place it appears and inserting ``commercial products or
commercial services''; and
(C) in subsection (h)--
(i) in paragraph (2), by striking ``commercial items''
and inserting ``commercial products or commercial
services''; and
(ii) by striking paragraph (3).
(6) Section 2307(f) is amended--
(A) by striking ``Commercial Items'' in the subsection
heading and inserting ``Commercial Products and Commercial
Services''; and
(B) by striking ``commercial items'' in paragraphs (1) and
(2) and inserting ``commercial products and commercial
services''.
(7) Section 2320(b) is amended--
(A) in paragraph (1), by striking ``a commercial item, the
item'' and inserting ``a commercial product, the product''; and
(B) in paragraph (9)(A), by striking ``any noncommercial
item or process'' and inserting ``any noncommercial product or
process''.
(8) Section 2321(f) is amended--
(A) in paragraph (1)--
(i) by striking ``commercial items'' and inserting
``commercial products''; and
(ii) by striking ``the item'' both places it appears
and inserting ``commercial products''; and
(B) in paragraph (2)(A), in clauses (i) and (ii), by
striking ``commercial item'' and inserting ``commercial
product''.
(9) Section 2324(l)(1)(A) is amended by striking ``commercial
items'' and inserting ``commercial products or commercial
services''.
(10) Section 2335(b) is amended by striking ``commercial
items'' and inserting ``commercial products and commercial
services''.
(d) Amendments to Chapter 140 of Title 10, United States Code.--
Chapter 140 of title 10, United States Code, is amended as follows:
(1) Section 2375 is amended--
(A) in subsection (a), by striking ``commercial item'' in
paragraphs (1) and (2) and inserting ``commercial product or
commercial service'';
(B) in subsections (b) and (c)--
(i) by striking ``Commercial Items'' in the subsection
heading and inserting ``Commercial Products and Commercial
Services''; and
(ii) by striking ``commercial items'' each place it
appears and inserting ``commercial products and commercial
services''; and
(C) in subsection (e)(3), by striking ``commercial items''
and inserting ``commercial products and commercial services''.
(2) Section 2376(1) is amended--
(A) by striking ``terms `commercial item','' and inserting
``terms `commercial product', `commercial service',''; and
(B) by striking ``chapter 1 of title 41'' and inserting
``sections 103, 103a, 110, 105, and 102, respectively, of title
41''.
(3) Section 2377 is amended--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``commercial items
or, to the extent that commercial items suitable to meet
the agency's needs are not available, nondevelopmental
items other than commercial items'' and inserting
``commercial services or commercial products or, to the
extent that commercial products suitable to meet the
agency's needs are not available, nondevelopmental items
other than commercial products''; and
(ii) in paragraph (3), by striking ``commercial items
and nondevelopmental items other than commercial items''
and inserting ``commercial services, commercial products,
and nondevelopmental items other than commercial
products'';
(B) in subsection (b)--
(i) in paragraphs (1) and (2), by striking ``commercial
items or nondevelopmental items other than commercial
items'' and inserting ``commercial services, commercial
products, or nondevelopmental items other than commercial
products'';
(ii) in paragraphs (3) and (4), by striking
``commercial items or, to the extent that commercial items
suitable to meet the agency's needs are not available,
nondevelopmental items other than commercial items'' and
inserting ``commercial services or commercial products or,
to the extent that commercial products suitable to meet the
agency's needs are not available, nondevelopmental items
other than commercial products''; and
(iii) in paragraphs (5) and (6), by striking
``commercial items'' and inserting ``commercial products
and commercial services'';
(C) in subsection (c)--
(i) in paragraph (2), by striking ``commercial items
or, to the extent that commercial items suitable to meet
the agency's needs are not available, nondevelopmental
items other than commercial items'' and inserting
``commercial services or commercial products or, to the
extent that commercial products suitable to meet the
agency's needs are not available, nondevelopmental items
other than commercial products''; and
(ii) in paragraph (4), by striking ``items other than
commercial items'' and inserting ``products other than
commercial products or services other than commercial
services'';
(D) in subsection (d)--
(i) in the first sentence, by striking ``commercial
items'' and inserting ``commercial products or commercial
services'';
(ii) in paragraph (1), by striking ``items'' and
inserting ``products or services''; and
(iii) in paragraph (2), by striking ``items'' and
inserting ``products or services''; and
(E) in subsection (e)(1), by striking ``commercial items''
and inserting ``commercial products and commercial services''.
(4) Section 2379 is amended--
(A) by striking ``Commercial Items'' in the headings of
subsections (b) and (c) and inserting ``Commercial Products'';
(B) in subsections (a)(1)(A), (b)(2), and (c)(1)(B), by
striking ``, as defined in section 103 of title 41''; and
(C) by striking ``commercial item'' and ``commercial
items'' each place they appear and inserting ``commercial
product'' and ``commercial products'', respectively.
(5) Section 2380 is amended--
(A) in subsection (a), by striking ``commercial item
determinations'' in paragraphs (1) and (2) and inserting
``commercial product and commercial service determinations'';
and
(B) in subsection (b) (as added by section 848 of the
National Defense Authorization Act for Fiscal Year 2018)--
(i) by striking ``Item'' in the subsection heading;
(ii) by striking ``an item'' each place it appears and
inserting ``a product or service'';
(iii) by striking ``item'' after ``using commercial''
each place it appears;
(iv) by striking ``prior commercial item
determination'' and inserting ``prior commercial product or
service determination'';
(v) by striking ``such item'' and inserting ``such
product or service''; and
(vi) by striking ``the item'' both places it appears
and inserting ``the product or service''.
(6) Section 2380a is amended--
(A) in subsection (a)--
(i) by striking ``items and'' and inserting ``products
and''; and
(ii) by striking ``commercial items'' and inserting
``commercial products and commercial services,
respectively,''; and
(B) in subsection (b), by striking ``commercial items'' and
inserting ``commercial services''.
(7) Section 2380B is amended by striking ``commercial item''
and inserting ``commercial product''.
(8) Amendments to headings, etc.--
(A) The heading of such chapter is amended to read as
follows:
``CHAPTER 140--PROCUREMENT OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES''.
(B) The heading of section 2375 is amended to read as
follows:
``Sec. 2375. Relationship of other provisions of law to procurement of
commercial products and commercial services''.
(C) The heading of section 2377 is amended to read as
follows:
``Sec. 2377. Preference for commercial products and commercial
services''.
(D) The heading of section 2379 is amended to read as
follows:
``Sec. 2379. Procurement of a major weapon system as a commercial
product: requirement for prior determination by Secretary of
Defense and notification to Congress''.
(E) The heading of section 2380 is amended to read as
follows:
``Sec. 2380. Commercial product and commercial service determinations
by Department of Defense''.
(F) The heading of section 2380a is amended to read as
follows:
``Sec. 2380a. Treatment of certain products and services as commercial
products and commercial services''.
(G) Section 2380B is redesignated as section 2380b and the
heading of that section is amended to read as follows:
``Sec. 2380b. Treatment of commingled items purchased by contractors as
commercial products''.
(H) The table of sections at the beginning of such chapter
is amended to read as follows:
``2375. Relationship of other provisions of law to procurement of
commercial products and commercial services.
``2376. Definitions.
``2377. Preference for commercial products and commercial services.
``2379. Procurement of a major weapon system as a commercial product:
requirement for prior determination by Secretary of Defense
and notification to Congress.
``2380. Commercial product and commercial service determinations by
Department of Defense.
``2380a. Treatment of certain products and services as commercial
products and commercial services.
``2380b. Treatment of commingled items purchased by contractors as
commercial products.''.
(e) Other Amendments to Title 10, United States Code.--Title 10,
United States Code, is further amended as follows:
(1) Section 2226(b) is amended by striking ``for services'' and
all that follows through ``deliverable items'' and inserting ``for
services or deliverable items''.
(2) Section 2384(b)(2) is amended by striking ``commercial
items'' and inserting ``commercial products''.
(3) Section 2393(d) is amended by striking ``commercial items
(as defined in section 103 of title 41)'' and inserting
``commercial products or commercial services (as defined in
sections 103 and 103a, respectively, of title 41)''.
(4) Section 2402(d) is amended--
(A) in paragraph (1), by striking ``commercial items'' both
places it appears and inserting ``commercial products or
commercial services''; and
(B) in paragraph (2), by striking ``the term'' and all that
follows and inserting ``the terms `commercial product' and
`commercial service' have the meanings given those terms in
sections 103 and 103a, respectively, of title 41.''.
(5) Section 2408(a)(4)(B) is amended by striking ``commercial
items (as defined in section 103 of title 41)'' and inserting
``commercial products or commercial services (as defined in
sections 103 and 103a, respectively, of title 41)''.
(6) Section 2410b(c) is amended by striking ``commercial
items'' and inserting ``commercial products''.
(7) Section 2410g(d)(1) is amended by striking ``Commercial
items (as defined in section 103 of title 41)'' and inserting
``Commercial products or commercial services (as defined in
sections 103 and 103a, respectively, of title 41)''.
(8) Section 2447a is amended--
(A) in subsection (a)(2), by striking ``commercial items
and technologies'' and inserting ``commercial products and
technologies''; and
(B) in subsection (c), by inserting before the period at
the end the following: ``and the term `commercial product' has
the meaning given that term in section 103 of title 41''.
(9) Section 2451(d) is amended by striking ``commercial items''
and inserting ``commercial products (as defined in section 103 of
title 41)''.
(10) Section 2464 is amended--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``commercial items''
and inserting ``commercial products or commercial
services''; and
(ii) in paragraph (5), by striking ``The commercial
items covered by paragraph (3) are commercial items'' and
inserting ``The commercial products or commercial services
covered by paragraph (3) are commercial products (as
defined in section 103 of title 41) or commercial services
(as defined in section 103a of such title)''; and
(B) in subsection (c)--
(i) by striking ``Commercial Items'' in the subsection
heading and inserting ``Commercial Products or Commercial
Services''; and
(ii) by striking ``commercial item'' and inserting
``commercial product or commercial service''.
(11) Section 2484(f) is amended--
(A) by striking ``Commercial Items'' in the subsection
heading and inserting ``Commercial Products''; and
(B) by striking ``commercial item'' and inserting
``commercial product''.
(12) The items relating to chapter 140 in the tables of
chapters at the beginning of subtitle A, and at the beginning of
part IV of subtitle A, are amended to read as follows:
``140. Procurement of Commercial Products and Commercial Services2377''.
(f) Amendments to Provisions of National Defense Authorization
Acts.--
(1) Section 806(b) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 2302
note) is amended by striking ``commercial items (as defined in
section 103 of title 41, United States Code)'' and inserting
``commercial products or commercial services (as defined in
sections 103 and 103a, respectively, of title 41, United States
Code)''.
(2) Section 821(e) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 10 U.S.C. 2302 note) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(3) Section 821(b) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2304 note) is
amended--
(A) in paragraph (1), by striking ``a commercial item'' and
inserting ``a commercial product or a commercial service'';
(B) in paragraph (2), by striking ``commercial item'' and
inserting ``commercial product''; and
(C) by adding at the end the following new paragraph:
``(3) The term `commercial service' has the meaning provided by
section 103a of title 41, United States Code.''.
(4) Section 817(d) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2306a note) is amended--
(A) in paragraph (1), by striking ``commercial item
exceptions'' and inserting ``commercial product-commercial
service exceptions''; and
(B) in paragraph (2), by striking ``commercial item
exception'' and inserting ``commercial product-commercial
service exception'';
(5) Section 852(b)(2)(A)(ii) of the National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2324 note) is amended by striking ``a commercial item, as
defined in section 103 of title 41'' and inserting ``a commercial
product or a commercial service, as defined in sections 103 and
103a, respectively, of title 41''.
(6) Section 805 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2330 note) is
amended--
(A) in subsection (b), by striking ``commercial items'' in
paragraphs (1) and (2)(A) and inserting ``commercial
services''; and
(B) in subsection (c)--
(i) by striking ``item'' in the headings for paragraphs
(1) and (2) and inserting ``services'';
(ii) in the matter in paragraph (1) preceding
subparagraph (A), by striking ``commercial item'' and
inserting ``commercial service'';
(iii) in paragraph (1)(A), by striking ``a commercial
item, as described in section 103(5) of title 41'' and
inserting ``a service, as described in section 103a(1) of
title 41'';
(iv) in paragraph (1)(C)(i), by striking ``section
103(6) of title 41'' and inserting ``section 103a(2) of
title 41''; and
(v) in paragraph (2), by striking ``item'' and
inserting ``service''.
(7) Section 849(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2377 note) is
amended--
(A) by striking ``commercial items'' in paragraph (1) and
inserting ``commercial products'';
(B) by striking ``commercial item'' in paragraph (3)(B)(i)
and inserting ``commercial product''; and
(C) by adding at the end the following new paragraph:
``(5) Definition.--In this subsection, the term `commercial
product' has the meaning given that term in section 103 of title
41.''.
(8) Section 856(a)(1) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2377 note) is
amended by striking ``commercial items or services'' and inserting
``a commercial product or a commercial service, as defined in
sections 103 and 103a, respectively, of title 41,''.
(9) Section 879 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2302 note) is
amended--
(A) in the section heading, by striking ``commercial
items'' and inserting ``commercial products'';
(B) in subsection (a), by striking ``commercial items'' and
inserting ``commercial products'';
(C) in subsection (c)(3)--
(i) by striking ``Commercial items'' in the paragraph
heading and inserting ``Commercial products or commercial
services''; and
(ii) by striking ``commercial items'' and inserting
``commercial products or commercial services''; and
(D) in subsection (e)(2), by striking ``item'' in
subparagraphs (A) and (B) and inserting ``products''.
(10) Section 880 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 41 U.S.C. 3301 note) is
amended by striking ``commercial items'' in subsection (a)(1) and
inserting ``commercial products''.
(g) Conforming Amendments to Other Statutes.--
(1) Section 604(g) of the American Recovery and Reinvestment
Act of 2009 (6 U.S.C. 453b(g)) is amended--
(A) by striking ``Commercial Items'' in the subsection
heading and inserting ``Commercial Products'';
(B) by striking ``procurement of commercial'' in the first
sentence and all that follows through ``items listed'' and
inserting ``procurement of commercial products notwithstanding
section 1906 of title 41, United States Code, with the
exception of commercial products listed''; and
(C) in the second sentence--
(i) by inserting ``product'' after ``commercial''; and
(ii) by striking ``in the'' and all that follows and
inserting ``in section 103 of title 41, United States
Code.''.
(2) Section 142 of the Higher Education Act of 1965 (20 U.S.C.
1018a) is amended--
(A) in subsection (e)--
(i) by striking ``Commercial Items'' in the subsection
heading and inserting ``Commercial Products and Commercial
Services'';
(ii) by striking ``that commercial items'' and
inserting ``that commercial products or commercial
services'';
(iii) by striking ``special rules for commercial
items'' and inserting ``special rules for commercial
products and commercial services'';
(iv) by striking ``without regard to--'' and all that
follows through ``dollar limitation'' and inserting
``without regard to any dollar limitation'';
(v) by striking ``; and'' and inserting a period; and
(vi) by striking paragraph (2);
(B) in subsection (f)--
(i) by striking ``Items'' in the subsection heading and
inserting ``Products and Services'';
(ii) by striking ``Items'' in the heading of paragraph
(2) and inserting ``Products and services''; and
(iii) by striking ``a commercial item'' in paragraph
(2) and inserting ``a commercial product or a commercial
service'';
(C) in subsection (h)--
(i) by striking ``Items'' in the subsection heading and
inserting ``Services''; and
(ii) by striking ``commercial items'' in paragraph (1)
and inserting ``commercial services''; and
(D) in subsection (l)--
(i) by redesignating paragraphs (2), (3), (4), and (5)
as paragraphs (3), (4), (5), and (6), respectively;
(ii) by striking paragraph (1) and inserting the
following new paragraphs:
``(1) Commercial product.--The term `commercial product' has
the meaning given the term in section 103 of title 41, United
States Code.
``(2) Commercial service.--The term `commercial service' has
the meaning given the term in section 103a of title 41, United
States Code.'';
(iii) in paragraph (3), as so redesignated, by striking
``in section'' and all that follows and inserting ``in
section 152 of title 41, United States Code.'';
(iv) in paragraph (5), as so redesignated--
(I) by striking ``Commercial items'' in the
paragraph heading and inserting ``Commercial products
and commercial services'';
(II) by striking ``commercial items'' and inserting
``commercial products and commercial services''; and
(III) by striking ``pursuant to'' and all that
follows and inserting ``pursuant to sections 1901 and
3305(a) of title 41, United States Code.''; and
(v) in paragraph (6), as so redesignated, by striking
``pursuant to'' and all that follows and inserting
``pursuant to sections 1901(a)(1) and 3305(a)(1) of title
41, United States Code.''.
(3) Section 3901(a)(4)(A)(ii)(II) of title 31, United States
Code, is amended by striking ``commercial item'' and inserting
``commercial product''.
(4) Section 2455(c)(1) of the Federal Acquisition Streamlining
Act of 1994 (31 U.S.C. 6101 note) is amended by striking
``commercial items'' and inserting ``commercial products''.
(5) Section 508(f) of the Federal Water Pollution Control Act
(33 U.S.C. 1368(f)) is amended--
(A) in paragraph (1), by striking ``commercial items'' and
inserting ``commercial products or commercial services''; and
(B) in paragraph (2), by striking ``the term'' and all that
follows and inserting ``the terms `commercial product' and
`commercial service' have the meanings given those terms in
sections 103 and 103a, respectively, of title 41, United States
Code.''.
(6) Section 3707 of title 40, United States Code, is amended by
striking ``a commercial item (as defined in section 103 of title
41)'' and inserting ``a commercial product (as defined in section
103 of title 41) or a commercial service (as defined in section
103a of title 41)''.
(7) Subtitle III of title 40, United States Code, is amended--
(A) in section 11101(1), by striking ``Commercial item.--
The term `commercial item' has'' and inserting ``Commercial
product.--The term `commercial product' has''; and
(B) in section 11314(a)(3), by striking ``items'' each
place it appears and inserting ``products''.
(8) Section 8301(g) of the Federal Acquisition Streamlining Act
of 1994 (42 U.S.C. 7606 note) is amended by striking ``commercial
items'' and inserting ``commercial products or commercial
services''.
(9) Section 40118(f) of title 49, United States Code, is
amended--
(A) in paragraph (1), by striking ``commercial items'' and
inserting ``commercial products''; and
(B) in paragraph (2), by striking ``commercial item'' and
inserting ``commercial product''.
(10) Chapter 501 of title 51, United States Code, is amended--
(A) in section 50113(c)--
(i) by striking ``Commercial Item'' in the subsection
heading and inserting ``Commercial Product or Commercial
Service''; and
(ii) by striking ``commercial item'' in the second
sentence and inserting ``commercial product or commercial
service''; and
(B) in section 50115(b)--
(i) by striking ``Commercial Item'' in the subsection
heading and inserting ``Commercial Product or Commercial
Service''; and
(ii) by striking ``commercial item'' in the second
sentence and inserting ``commercial product or commercial
service''; and
(C) in section 50132(a)--
(i) by striking ``Commercial Item'' in the subsection
heading and inserting ``Commercial Service''; and
(ii) by striking ``commercial item'' in the second
sentence and inserting ``commercial service''.
(h) Effective Date and Savings Provision.--The amendments made by
subsections (a) through (g) shall take effect on January 1, 2020. Any
provision of law that on the day before such effective date is on a
list of provisions of law included in the Federal Acquisition
Regulation pursuant to section 1907 of title 41, United States Code,
shall be deemed as of that effective date to be on a list of provisions
of law included in the Federal Acquisition Regulation pursuant to
section 1906 of such title.
(i) Implementation Plan Required.--Not later than April 1, 2019,
the Under Secretary of Defense for Acquisition and Sustainment, in
coordination with members of the Defense Business Board, the Defense
Science Board, and the Defense Innovation Board as appropriate, shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives an implementation plan that contains the following
elements:
(1) An implementation timeline and schedule, to include
substantive, technical, and conforming changes to the law that the
Under Secretary deems appropriate and necessary, to include
revising definitions or categories of items, products, and
services.
(2) A review of recommendations by the independent panel
created under section 809 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 889) pertaining
to commercial items.
(3) A review of commercial item provisions from the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92),
the National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328), the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91), and other relevant legislation.
(4) An analysis of the extent to which the Department of
Defense should treat commercial service contracts and commercial
products in a similar manner.
(5) Such other matters with respect to commercial item
procurement as the Under Secretary considers appropriate.
SEC. 837. LIMITATION ON APPLICABILITY TO DEPARTMENT OF DEFENSE
COMMERCIAL CONTRACTS OF CERTAIN PROVISIONS OF LAW.
(a) Section 2375.--Section 2375(b)(2) of title 10, United States
Code, is amended by striking ``January 1, 2015'' and inserting
``October 13, 1994''.
(b) Section 2533a.--Section 2533a(i) of such title is amended--
(1) in the subsection heading, by striking ``Items'' and
inserting ``Products''; and
(2) by striking ``commercial items'' and inserting ``commercial
products''.
(c) Section 2533b.--Section 2533b(h) of such title is amended--
(1) in the subsection heading, by striking ``Items'' and
inserting ``Products''; and
(2) by striking ``commercial items'' each place it appears and
inserting ``commercial products''.
SEC. 838. MODIFICATIONS TO PROCUREMENT THROUGH COMMERCIAL E-
COMMERCE PORTALS.
(a) In General.--Section 846 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 41 U.S.C. 1901 note) is
amended--
(1) in subsection (f), by adding at the end the following new
paragraph:
``(5) A procurement of a product made through a commercial e-
commerce portal under the program established pursuant to
subsection (a) is deemed to satisfy requirements for full and open
competition pursuant to section 2304 of title 10, United States
Code, and section 3301 of title 41, United States Code, if--
``(A) there are offers from two or more suppliers of such a
product or similar product with substantially the same
physical, functional, or performance characteristics on the
online marketplace; and
``(B) the Administrator establishes procedures to implement
subparagraph (A) and notifies Congress at least 30 days before
implementing such procedures.''; and
(2) in subsection (h), by striking paragraph (3) and inserting
the following:
``(3) agree not to use, for pricing, marketing, competitive, or
other purposes, any information, including any Government-owned
data, such as purchasing trends or spending habits, related to a
product from a third-party supplier featured on the commercial e-
commerce portal or the transaction of such product, except as
necessary to comply with the requirements of the program
established in subsection (a).''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the implementation of any e-commerce portal under such
section 846 to procure commercial products will be done in a manner
that will enhance competition, expedite procurement, and ensure
reasonable pricing of commercial products;
(2) the implementation of the e-commerce portal will be
completed with multiple contracts with multiple commercial e-
commerce portal providers; and
(3) the Administrator of the General Services Administration
should require any e-commerce portal provider to take the necessary
precautions to safeguard data of all other e-commerce portal
providers and any third-party suppliers.
SEC. 839. REVIEW OF FEDERAL ACQUISITION REGULATIONS ON COMMERCIAL
PRODUCTS, COMMERCIAL SERVICES, AND COMMERCIALLY AVAILABLE OFF-
THE-SHELF ITEMS.
(a) Review of Determinations Not to Exempt Contracts for Commercial
Products, Commercial Services, 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 Federal Acquisition
Regulatory Council 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 or subcontracts from laws which 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 Federal Acquisition Regulation to
provide an exemption from each law subject to such determination
unless the Council determines that there is a specific reason not
to provide the exemptions pursuant to section 1906 of such title or
the Administrator for Federal Procurement Policy determines there
is a specific reason not to provide the exemption pursuant to
section 1907 of such title.
(b) Review of Certain Contract Clause Requirements Applicable to
Commercial Products and Commercial Services Contracts.--Not later than
one year after the date of the enactment of this Act, the Federal
Acquisition Regulatory Council shall--
(1) review the Federal Acquisition Regulation to assess all
regulations that require a specific contract clause for a contract
using commercial product or commercial services 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 Federal Acquisition Regulation to
eliminate regulations reviewed under paragraph (1) unless the
Federal Acquisition Regulatory Council 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 Federal
Acquisition Regulatory Council shall--
(1) review 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 Federal Acquisition Regulation to
eliminate regulations reviewed under paragraph (1) unless the
Federal Acquisition Regulatory Council determines on a case-by-case
basis that there is a specific reason not to eliminate the
regulation.
(d) Report to Congress.--
(1) Requirement.--Not later than one year after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council
shall submit to the committees listed in paragraph (2) a report on
the results of the reviews under this section.
(2) Committees listed.--The committees listed in this paragraph
are the following:
(A) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(B) The Committee on Armed Services and the Committee on
Oversight and Government Reform of the House of
Representatives.
Subtitle E--Industrial Base Matters
SEC. 841. REPORT ON LIMITED SOURCING OF SPECIFIC COMPONENTS FOR
NAVAL VESSELS.
(a) Report Required.--Not later than March 1, 2019, the Secretary
of the Navy shall submit to the congressional defense committees a
report that provides, for the components described in subsection (b), a
market survey, a cost assessment, national security considerations, and
a recommendation regarding whether competition for the procurement of
the components should be limited to sources in the national technology
and industrial base (as defined in section 2500 of title 10, United
States Code).
(b) Components.--The components described in this subsection are
the following:
(1) Naval vessel components listed in section 2534(a)(3) of
title 10, United States Code.
(2) The following components for auxiliary ships:
(A) Auxiliary equipment, including pumps.
(B) Propulsion system components, including engines,
reduction gears, and propellers.
(C) Shipboard cranes.
(D) Spreaders for shipboard cranes.
SEC. 842. REMOVAL OF NATIONAL INTEREST DETERMINATION REQUIREMENTS
FOR CERTAIN ENTITIES.
(a) In General.--Effective October 1, 2020, a covered NTIB entity
operating under a special security agreement pursuant to the National
Industrial Security Program shall not be required to obtain a national
interest determination as a condition for access to proscribed
information.
(b) Acceleration Authorized.--Notwithstanding the effective date of
this section, the Secretary of Defense, in consultation with the
Director of the Information Security Oversight Office, may waive the
requirement to obtain a national interest determination for a covered
NTIB entity operating under such a special security agreement that
has--
(1) a demonstrated successful record of compliance with the
National Industrial Security Program; and
(2) previously been approved for access to proscribed
information.
(c) Definitions.--In this section:
(1) Covered ntib entity.--The term ``covered NTIB entity''
means a person that is a subsidiary located in the United States--
(A) for which the ultimate parent company and any
intermediate parent companies of such subsidiary are located in
a country that is part of the national technology and
industrial base (as defined in section 2500 of title 10, United
States Code); and
(B) that is subject to the foreign ownership, control, or
influence requirements of the National Industrial Security
Program.
(2) Proscribed information.--The term ``proscribed
information'' means information that is--
(A) classified at the level of top secret;
(B) communications security information (excluding
controlled cryptographic items when un-keyed or utilized with
unclassified keys);
(C) restricted data (as defined in section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014));
(D) special access program information under section 4.3 of
Executive Order No. 13526 (75 Fed. Reg. 707; 50 U.S.C. 3161
note) or successor order; or
(E) designated as sensitive compartmented information.
SEC. 843. PILOT PROGRAM TO TEST MACHINE-VISION TECHNOLOGIES TO
DETERMINE THE AUTHENTICITY AND SECURITY OF MICROELECTRONIC PARTS
IN WEAPON SYSTEMS.
(a) Pilot Program Authorized.--The Undersecretary of Defense for
Research and Engineering, in coordination with the Defense
Microelectronics Activity, shall establish a pilot program to test the
feasibility and reliability of using machine-vision technologies to
determine the authenticity and security of microelectronic parts in
weapon systems.
(b) Objectives of Pilot Program.--The Undersecretary of Defense for
Research and Engineering, in coordination with the Defense
Microelectronics Activity, shall design any pilot program conducted
under this section to determine the following:
(1) The effectiveness and technology readiness level of
machine-vision technologies to determine the authenticity of
microelectronic parts at the time of the creation of such part
through final insertion of such part into weapon systems.
(2) The best method of incorporating machine-vision
technologies into the process of developing, transporting, and
inserting microelectronics into weapon systems.
(3) The rules, regulations, or processes that hinder the
development and incorporation of machine-vision technologies, and
the application of such rules, regulations, or processes to
mitigate counterfeit microelectronics proliferation throughout the
Department of Defense.
(c) Consultation.--To develop the pilot program under this section,
the Undersecretary of Defense for Research and Engineering, in
coordination with the Defense Microelectronics Activity, may consult
with the following entities:
(1) Manufacturers of semiconductors or electronics.
(2) Industry associations relating to semiconductors or
electronics.
(3) Original equipment manufacturers of products for the
Department of Defense.
(4) Nontraditional defense contractors (as defined in section
2302(9) of title 10, United States Code) that are machine vision
companies.
(5) Federal laboratories (as defined in section 2500(5) of
title 10, United States Code).
(6) Other elements of the Department of Defense that fall under
the authority of the Undersecretary of Defense for Research and
Engineering.
(d) Commencement and Duration.--The pilot program established under
this section shall be established not later than April 1, 2019, and all
activities under such pilot program shall terminate not later than
December 31, 2020.
SEC. 844. LIMITATION ON CERTAIN PROCUREMENTS APPLICATION PROCESS.
(a) In General.--Section 2534 of title 10, United States Code, is
amended by adding at the end the following new subsections:
``(k) Limitation on Certain Procurements Application Process.--
``(1) In general.--The Secretary of Defense shall administer a
process to analyze and assess potential items for consideration to
be required to be procured from a manufacturer that is part of the
national technology and industrial base.
``(2) Elements.--The application process required under
paragraph (1) shall include the following elements:
``(A) The Secretary shall designate an official within the
Office of the Secretary of Defense responsible for
administration of the limitation on certain procurements
application process and associated policy.
``(B) A person or organization that meets the definition of
national technology and industrial base under section 2500(1)
of this title shall have the opportunity to apply for status as
an item required to be procured from a manufacturer that is
part of the national technology and industrial base. The
application shall include, at a minimum, the following
information:
``(i) Information demonstrating the applicant meets the
criteria of a manufacturer in the national technology and
industrial base under section 2500(1) of this title.
``(ii) For each item the applicant seeks to be required
to be procured from a manufacturer that is part of the
national technology and industrial base, the applicant
shall include the following information:
``(I) The extent to which such item has commercial
applications.
``(II) The number of such items to be procured by
current programs of record.
``(III) The criticality of such item to a military
unit's mission accomplishment.
``(IV) The estimated cost and other considerations
of reconstituting the manufacturing capability of such
item, if not maintained in the national technology and
industrial base.
``(V) National security regulations or restrictions
imposed on such item that may not be imposed on a non-
national technology and industrial base competitor.
``(VI) Non-national security-related Federal,
State, and local government regulations imposed on such
item that may not be imposed on a non-national
technology and industrial base competitor.
``(VII) The extent to which such item is fielded in
current programs of record.
``(VIII) The extent to which cost and pricing data
for such item has been deemed fair and reasonable.
``(3) Consideration of applications.--
``(A) Responsibility of designated official.--The official
designated pursuant to paragraph (2)(A) shall be responsible
for providing complete applications submitted pursuant to this
subsection to the appropriate component acquisition executive
for consideration not later than 15 days after receipt of such
application.
``(B) Review.--Not later than 120 days after receiving a
complete application, the component acquisition executive shall
review such application, make a determination, and return the
application to the official designated pursuant to paragraph
(2)(A).
``(C) Elements of determination.--The determination
required under subparagraph (B) shall, for each item proposed
pursuant to paragraph (2)(B)(ii)--
``(i) recommend inclusion under this section;
``(ii) recommend inclusion under this section with
further modifications; or
``(iii) not recommend inclusion under this section.
``(D) Justification.--The determination required under
subparagraph (B) shall also include the rationale and
justification for the determination.
``(4) Recommendations for legislation.--For applications
recommended under subsection (3), the official designated pursuant
to paragraph (2)(A) shall be responsible for preparing a
legislative proposal for consideration by the Secretary.''.
(b) Effective Date.--This section and the amendments made by this
section shall take effect one year after the date of the enactment of
this Act.
SEC. 845. REPORT ON DEFENSE ELECTRONICS INDUSTRIAL BASE.
(a) In General.--Not later than January 31, 2019, the Secretary of
Defense, in consultation with the Executive Agent for Printed Circuit
Board and Interconnect Technology and the Director of the Office of
Management and Budget, shall submit to Congress a report examining the
health of the defense electronics industrial base, including analog and
passive electronic parts, substrates, printed boards, assemblies,
connectors, cabling, and related areas, both domestically and within
the national technology and industrial base.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An examination of current and planned partnerships with the
commercial industry.
(2) Analysis of the current and future defense electronics
industrial base.
(3) Threat assessment related to system security.
(4) An assessment of the health of the engineering and
production workforce.
(5) A description of the electronics supply chain requirements
of defense systems integral to meeting the goals of the 2018
National Defense Strategy.
(6) Recommended actions to address areas deemed deficient or
vulnerable, and a plan to formalize long-term resourcing for the
Executive Agent.
(7) Any other areas matters determined relevant by the
Secretary.
SEC. 846. SUPPORT FOR DEFENSE MANUFACTURING COMMUNITIES TO SUPPORT
THE DEFENSE INDUSTRIAL BASE.
(a) Program Authorized.--
(1) In general.--The Secretary of Defense may, in coordination
with the Secretary of Commerce and working in coordination with the
defense manufacturing institutes, establish within the Department
of Defense a program to make long-term investments in critical
skills, facilities, research and development, and small business
support in order to strengthen the national security innovation
base by designating and supporting consortiums as defense
manufacturing communities.
(2) Designation.--The program authorized by this section shall
be known as the ``Defense Manufacturing Community Support Program''
(in this section referred to as the ``Program'').
(b) Designation of Defense Manufacturing Communities Complementary
to Defense Manufacturing Institutes.--
(1) In general.--The Secretary of Defense may designate
eligible consortiums as defense manufacturing communities through a
competitive process, and in coordination with the defense
manufacturing institutes.
(2) Eligible consortiums.--The Secretary may establish
eligibility criteria for a consortium to participate in the
Program. In developing such criteria, the Secretary may consider
the merits of--
(A) including members from academia, defense industry,
commercial industry, and State and local government
organizations;
(B) supporting efforts in geographical regions that have
capabilities in key technologies or industrial base supply
chains that are determined critical to national security;
(C) optimal consortium composition and size to promote
effectiveness, collaboration, and efficiency; and
(D) complementarity with defense manufacturing institutes.
(3) Duration.--Each designation under paragraph (1) shall be
for a period of five years.
(4) Renewal.--
(A) In general.--The Secretary may renew a designation made
under paragraph (1) for up to two additional two-year periods.
Any designation as a defense manufacturing community or renewal
of such designation that is in effect before the date of the
enactment of this Act shall count toward the limit set forth in
this subparagraph.
(B) Evaluation for renewal.--The Secretary shall establish
criteria for the renewal of a consortium. In establishing such
criteria, the Secretary may consider--
(i) the performance of the consortium in meeting the
established goals of the Program;
(ii) the progress the consortium has made with respect
to project-specific metrics, particularly with respect to
those metrics that were designed to help communities track
their own progress;
(iii) whether any changes to the composition of the
eligible consortium or revisions of the plan for the
consortium would improve the capabilities of the defense
industrial base;
(iv) the effectiveness of coordination with defense
manufacturing institutes; and
(v) such other criteria as the Secretary considers
appropriate.
(5) Application for designation.--An eligible consortium
seeking a designation under paragraph (1) shall submit an
application to the Secretary at such time and in such manner as the
Secretary may require. In developing such procedures, the Secretary
may consider the inclusion of--
(A) a description of the regional boundaries of the
consortium, and the defense manufacturing capacity of the
region;
(B) an evidence-based plan for enhancing the defense
industrial base through the efforts of the consortium;
(C) the investments the consortium proposes and the
strategy of the consortium to address gaps in the defense
industrial base;
(D) a description of the outcome-based metrics, benchmarks,
and milestones that will track and the evaluation methods that
will be used to gauge performance of the consortium;
(E) how the initiatives will complement defense
manufacturing institutes; and
(F) such other matters as the Secretary considers
appropriate.
(c) Financial and Technical Assistance.--
(1) In general.--Under the Program, the Secretary of Defense
may award financial or technical assistance to a member of a
consortium designated as a defense manufacturing community under
the Program as appropriate for purposes of the Program.
(2) Use of funds.--A recipient of financial or technical
assistance under the Program may use such financial or technical
assistance to support an investment that will improve the defense
industrial base.
(3) Investments supported.--Investments supported under this
subsection may include activities not already provided for by
defense manufacturing institutes on--
(A) equipment or facility upgrades;
(B) workforce training, retraining, or recruitment and
retention, including that of women and underrepresented
minorities;
(C) business incubators;
(D) advanced research and commercialization, including with
Federal laboratories and depots;
(E) supply chain development; and
(F) small business assistance.
(d) Receipt of Transferred Funds.--The Secretary of Defense may
accept amounts transferred to the Secretary from the head of another
agency or a State or local governmental organization to carry out this
section.
SEC. 847. LIMITATION ON PROCUREMENT OF CERTAIN ITEMS FOR T-AO-205
PROGRAM.
Effective during fiscal year 2019, the Secretary of Defense may
procure the following items for the T-AO-205 program only if the
manufacturer of the item is in the United States:
(1) Auxiliary equipment, including pumps, for all shipboard
services.
(2) Propulsion system components, including engines, reduction
gears, and propellers.
(3) Shipboard cranes.
(4) Spreaders for shipboard cranes.
Subtitle F--Small Business Matters
SEC. 851. DEPARTMENT OF DEFENSE SMALL BUSINESS STRATEGY.
(a) In General.--Chapter 136 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2283. Department of Defense small business strategy
``(a) In General.--The Secretary of Defense shall implement a small
business strategy for the Department of Defense that meets the
requirements of this section.
``(b) Unified Management Structure.--As part of the small business
strategy described in subsection (a), the Secretary shall ensure that
there is a unified management structure within the Department for the
functions of the Department relating to--
``(1) programs and activities related to small business
concerns (as defined in section 3 of the Small Business Act);
``(2) manufacturing and industrial base policy; and
``(3) any procurement technical assistance program established
under chapter 142 of this title.
``(c) Purpose of Small Business Programs.--The Secretary shall
ensure that programs and activities of the Department of Defense
related to small business concerns are carried out so as to further
national defense programs and priorities and the statements of purpose
for Department of Defense acquisition set forth in section 801 of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1449).
``(d) Points of Entry Into Defense Market.--The Secretary shall
ensure--
``(1) that opportunities for small business concerns to
contract with the Department of Defense are identified clearly; and
``(2) that small business concerns are able to have access to
program managers, contracting officers, and other persons using the
products or services of such concern to the extent necessary to
inform such persons of emerging and existing capabilities of such
concerns.
``(e) Enhanced Outreach Under Procurement Technical Assistance
Program Market.--The Secretary shall enable and promote activities to
provide coordinated outreach to small business concerns through any
procurement technical assistance program established under chapter 142
of this title to facilitate small business contracting with the
Department of Defense.''.
(b) Implementation.--
(1) Deadline.--The Secretary of Defense shall develop the small
business strategy required by section 2283 of title 10, United
States Code, as added by subsection (a), not later than 180 days
after the date of the enactment of this Act.
(2) Notice to congress and publication.--Upon completion of the
development of the small business strategy pursuant to paragraph
(1), the Secretary shall--
(A) transmit the strategy to Congress; and
(B) publish the strategy on a public website of the
Department of Defense.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2283. Department of Defense small business strategy.''.
SEC. 852. PROMPT PAYMENTS OF SMALL BUSINESS CONTRACTORS.
Section 2307(a) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by striking ``The head of any agency may--'' and inserting
``(1) The head of any agency may''; and
(3) by adding at the end the following new paragraph:
``(2)(A) For a prime contractor (as defined in section 8701 of
title 41) that is a small business concern (as defined in section 3 of
the Small Business Act (15 U.S.C. 632)), the Secretary of Defense
shall, to the fullest extent permitted by law, establish an accelerated
payment date with a goal of 15 days after receipt of a proper invoice
for the amount due if a specific payment date is not established by
contract.
``(B) For a prime contractor that subcontracts with a small
business concern, the Secretary of Defense shall, to the fullest extent
permitted by law, establish an accelerated payment date with a goal of
15 days after receipt of a proper invoice for the amount due if--
``(i) a specific payment date is not established by contract;
and
``(ii) the prime contractor agrees to make payments to the
subcontractor in accordance with the accelerated payment date, to
the maximum extent practicable, without any further consideration
from or fees charged to the subcontractor.''.
SEC. 853. INCREASED PARTICIPATION IN THE SMALL BUSINESS
ADMINISTRATION MICROLOAN PROGRAM.
(a) Definitions.--In this section:
(1) The term ``intermediary'' has the meaning given that term
in section 7(m)(11) of the Small Business Act (15 U.S.C.
636(m)(11)).
(2) The term ``microloan program'' means the program
established under section 7(m) of the Small Business Act (15 U.S.C.
636(m)).
(b) Microloan Intermediary Lending Limit Increased.--Section
7(m)(3)(C) of the Small Business Act (15 U.S.C. 636(m)(3)(C)) is
amended by striking ``$5,000,000'' and inserting ``$6,000,000''.
(c) SBA Study of Microenterprise Participation.--Not later than one
year after the date of the enactment of this section, the Administrator
of the Small Business Administration shall conduct a study and submit
to the Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of Representatives a
report on--
(1) the operations (including services provided, structure,
size, and area of operation) of a representative sample of--
(A) intermediaries that are eligible to participate in the
microloan program and that do participate; and
(B) intermediaries that are eligible to participate in the
microloan program and that do not participate;
(2) the reasons why eligible intermediaries described in
paragraph (1)(B) choose not to participate in the microloan
program;
(3) recommendations on how to encourage increased participation
in the microloan program by eligible intermediaries described in
paragraph (1)(B); and
(4) recommendations on how to decrease the costs associated
with participation in the microloan program for eligible
intermediaries.
(d) GAO Study on Microloan Intermediary Practices.--Not later than
one year after the date of the enactment of this section, the
Comptroller General of the United States shall submit to the Committee
on Small Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives a report evaluating--
(1) oversight of the microloan program by the Small Business
Administration, including oversight of intermediaries participating
in the microloan program; and
(2) the specific processes used by the Small Business
Administration to ensure--
(A) compliance by intermediaries participating in the
microloan program; and
(B) the overall performance of the microloan program.
SEC. 854. AMENDMENTS TO SMALL BUSINESS INNOVATION RESEARCH PROGRAM
AND SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM.
(a) Extension of Pilot Programs.--Section 9 of the Small Business
Act (15 U.S.C. 638) is amended--
(1) in subsection (cc), by striking ``2017'' and inserting
``2022'';
(2) in subsection (gg)(7), by striking ``2017'' and inserting
``2022'';
(3) in subsection (jj)--
(A) in paragraph (4)(A), by striking ``3'' and inserting
``4''; and
(B) in paragraph (7), by striking ``2017'' and inserting
``2022'';
(4) in subsection (mm)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``2017'' and inserting ``2022'';
(ii) in subparagraph (I), by striking ``and'' at the
end;
(iii) in subparagraph (J), by striking the period at
the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(K) funding for improvements that increase commonality
across data systems, reduce redundancy, and improve data
oversight and accuracy.''; and
(5) by adding at the end the following:
``(tt) Outstanding Reports and Evaluations.--
``(1) In general.--Not later than March 30, 2019, the
Administrator shall submit to the Committee on Small Business and
Entrepreneurship of the Senate, the Committee on Small Business of
the House of Representatives, and the Committee on Science, Space,
and Technology of the House of Representatives--
``(A) each report, evaluation, or analysis, as applicable,
described in subsection (b)(7), (g)(9), (o)(10), (y)(6)(C),
(gg)(6), (jj)(6), and (mm)(6); and
``(B) metrics regarding, and an evaluation of, the
authority provided to the National Institutes of Health, the
Department of Defense, and the Department of Education under
subsection (cc).
``(2) Information required.--Not later than December 31, 2018,
the head of each agency that is responsible for carrying out a
provision described in subparagraph (A) or (B) of paragraph (1)
shall submit to the Administrator any information that is necessary
for the Administrator to carry out the responsibilities of the
Administrator under that paragraph.''.
(b) Accelerating SBIR and STTR Awards.--Section 9 of the Small
Business Act (15 U.S.C. 638) is amended--
(1) in subsection (hh)--
(A) by striking ``Federal agencies'' and inserting the
following:
``(1) In general.--Federal agencies'';
(B) in paragraph (1), as so designated, by striking
``attempt to''; and
(C) by adding at the end the following:
``(2) Pilot program to accelerate department of defense sbir
and sttr awards.--
``(A) In general.--Not later than 1 year after the date of
enactment of this paragraph, the Under Secretary of Defense for
Research and Engineering, acting through the Director of
Defense Procurement and Acquisition Policy of the Department of
Defense, shall establish a pilot program to reduce the time for
awards under the SBIR and STTR programs of the Department of
Defense, under which the Department of Defense shall--
``(i) develop simplified and standardized procedures
and model contracts throughout the Department of Defense
for Phase I, Phase II, and Phase III SBIR awards;
``(ii) for Phase I SBIR and STTR awards, reduce the
amount of time between solicitation closure and award;
``(iii) for Phase II SBIR and STTR awards, reduce the
amount of time between the end of a Phase I award and the
start of the Phase II award;
``(iv) for Phase II SBIR and STTR awards that skip
Phase I, reduce the amount of time between solicitation
closure and award;
``(v) for sequential Phase II SBIR and STTR awards,
reduce the amount of time between Phase II awards; and
``(vi) reduce the award times described in clauses
(ii), (iii), (iv), and (v) to be as close to 90 days as
possible.
``(B) Consultation.--In carrying out the pilot program
under subparagraph (A), the Director of Defense Procurement and
Acquisition Policy of the Department of Defense shall consult
with the Director of the Office of Small Business Programs of
the Department of Defense.
``(C) Termination.--The pilot program under subparagraph
(A) shall terminate on September 30, 2022.''; and
(2) in subsection (ii)--
(A) by striking ``Federal agencies'' and inserting the
following:
``(1) In general.--Federal agencies''; and
(B) by adding at the end the following:
``(2) Comptroller general reports.--The Comptroller General of
the United States shall submit to the Committee on Small Business
and Entrepreneurship of the Senate, the Committee on Armed Services
of the Senate, the Committee on Small Business of the House of
Representatives, and the Committee on Armed Services of the House
of Representatives--
``(A) not later than 1 year after the date of enactment of
this paragraph, and every year thereafter for 3 years, a report
that--
``(i) provides the average and median amount of time
that each component of the Department of Defense with an
SBIR or STTR program takes to review and make a final
decision on proposals submitted under the program; and
``(ii) compares that average and median amount of time
with that of other Federal agencies participating in the
SBIR or STTR program; and
``(B) not later than December 5, 2021, a report that--
``(i) includes the information described in
subparagraph (A);
``(ii) assesses where each Federal agency participating
in the SBIR or STTR program needs improvement with respect
to the proposal review and award times under the program;
``(iii) identifies best practices for shortening the
proposal review and award times under the SBIR and STTR
programs, including the pros and cons of using contracts
compared to grants; and
``(iv) analyzes the efficacy of the pilot program
established under subsection (hh)(2).''.
(c) Improvements to Technical and Business Assistance.--
(1) In general.--Section 9(q) of the Small Business Act (15
U.S.C. 638(q)) is amended--
(A) in the subsection heading, by inserting ``and
Business'' after ``Technical'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``a vendor selected under paragraph
(2)'' and inserting ``1 or more vendors selected under
paragraph (2)(A)'';
(II) by inserting ``and business'' before
``assistance services''; and
(III) by inserting ``assistance with product sales,
intellectual property protections, market research,
market validation, and development of regulatory plans
and manufacturing plans,'' after ``technologies,''; and
(ii) in subparagraph (D), by inserting ``, including
intellectual property protections'' before the period at
the end;
(C) in paragraph (2)--
(i) in the first sentence, by striking ``Each agency
may select a vendor to assist small business concerns to
meet'' and inserting the following:
``(A) In general.--Each agency may select 1 or more vendors
from which small business concerns may obtain assistance in
meeting''; and
(ii) by adding at the end the following:
``(B) Selection by small business concern.--A small
business concern may, by contract or otherwise, select 1 or
more vendors to assist the small business concern in meeting
the goals listed in paragraph (1).''; and
(D) in paragraph (3)--
(i) by inserting ``(A)'' after ``paragraph (2)'' each
place that term appears;
(ii) in subparagraph (A), by striking ``$5,000 per
year'' each place that term appears and inserting ``$6,500
per year'';
(iii) in subparagraph (B)--
(I) by striking ``$5,000 per year'' each place that
term appears and inserting ``$50,000 per project''; and
(II) in clause (ii), by striking ``which shall be
in addition to the amount of the recipient's award''
and inserting ``which may, as determined appropriate by
the head of the Federal agency, be included as part of
the recipient's award or be in addition to the amount
of the recipient's award'';
(iv) in subparagraph (C)--
(I) by inserting ``or business'' after
``technical'';
(II) by striking ``the vendor'' and inserting ``a
vendor''; and
(III) by adding at the end the following:
``Business-related services aimed at improving the
commercialization success of a small business concern
may be obtained from an entity, such as a public or
private organization or an agency of or other entity
established or funded by a State that facilitates or
accelerates the commercialization of technologies or
assists in the creation and growth of private
enterprises that are commercializing technology.'';
(v) in subparagraph (D)--
(I) by inserting ``or business'' after
``technical'' each place that term appears; and
(II) in clause (i), by striking ``the vendor'' and
inserting ``1 or more vendors''; and
(vi) by adding at the end the following:
``(E) Multiple award recipients.--The Administrator shall
establish a limit on the amount of technical and business
assistance services that may be received or purchased under
subparagraph (B) by a small business concern that has received
multiple Phase II SBIR or STTR awards for a fiscal year.''; and
(E) by adding at the end the following:
``(4) Annual reporting.--
``(A) In general.--A small business concern that receives
technical or business assistance from a vendor under this
subsection during a fiscal year shall submit to the Federal
agency contracting with the vendor a description of the
technical or business assistance provided and the benefits and
results of the technical or business assistance provided.
``(B) Use of existing reporting mechanism.--The information
required under subparagraph (A) shall be collected by a Federal
agency as part of a report required to be submitted by small
business concerns engaged in SBIR or STTR projects of the
Federal agency for which the requirement was in effect on the
date of enactment of this paragraph.''.
(2) Review.--Not later than the end of fiscal year 2019, the
Administrator of the Small Business Administration shall--
(A) conduct a survey of vendors providing technical or
business assistance under section 9(q) of the Small Business
Act (15 U.S.C. 638(q)), as amended by paragraph (1), and small
business concerns receiving the technical or business
assistance; and
(B) submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report reviewing the
efficacy of the provision of the technical or business
assistance.
SEC. 855. CONSTRUCTION CONTRACT ADMINISTRATION.
Section 15 of the Small Business Act (15 U.S.C. 644) is amended by
adding at the end the following new subsection:
``(w) Solicitation Notice Regarding Administration of Change Orders
for Construction.--
``(1) In general.--With respect to any solicitation for the
award of a contract for construction anticipated to be awarded to a
small business concern, the agency administering such contract
shall provide a notice along with the solicitation to prospective
bidders and offerors that includes--
``(A) information about the agency's policies or practices
in complying with the requirements of the Federal Acquisition
Regulation relating to the timely definitization of requests
for an equitable adjustment; and
``(B) information about the agency's past performance in
definitizing requests for equitable adjustments in accordance
with paragraph (2).
``(2) Requirements for agencies.--An agency shall provide the
past performance information described under paragraph (1)(B) as
follows:
``(A) For the 3-year period preceding the issuance of the
notice, to the extent such information is available.
``(B) With respect to an agency that, on the date of the
enactment of this subsection, has not compiled the information
described under paragraph (1)(B)--
``(i) beginning 1 year after the date of the enactment
of this subsection, for the 1-year period preceding the
issuance of the notice;
``(ii) beginning 2 years after the date of the
enactment of this subsection, for the 2-year period
preceding the issuance of the notice; and
``(iii) beginning 3 years after the date of the
enactment of this subsection and each year thereafter, for
the 3-year period preceding the issuance of the notice.
``(3) Format of past performance information.--In the notice
required under paragraph (1), the agency shall ensure that the past
performance information described under paragraph (1)(B) is set
forth separately for each definitization action that was completed
during the following periods:
``(A) Not more than 30 days after receipt of a request for
an equitable adjustment.
``(B) Not more than 60 days after receipt of a request for
an equitable adjustment.
``(C) Not more than 90 days after receipt of a request for
an equitable adjustment.
``(D) Not more than 180 days after receipt of a request for
an equitable adjustment.
``(E) Not more than 365 days after receipt of a request for
an equitable adjustment.
``(F) More than 365 days after receipt of a request for an
equitable adjustment.
``(G) After the completion of the performance of the
contract through a contract modification addressing all
undefinitized requests for an equitable adjustment received
during the term of the contract.''.
SEC. 856. COMPTROLLER GENERAL STUDY OF IMPACT OF BROADBAND SPEED
AND PRICE ON SMALL BUSINESSES.
(a) Study Required.--Subject to appropriations, the Comptroller
General of the United States shall conduct a study evaluating the
impact of broadband speed and price on small business concerns (as
defined in section 3 of the Small Business Act (15 U.S.C. 632)).
(b) Report.--Not later than three years after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation and the Committee on
Small Business and Entrepreneurship of the Senate and the Committee on
Energy and Commerce and the Committee on Small Business of the House of
Representatives a report on the results of the study under subsection
(a), including--
(1) a survey of broadband speeds available to small business
concerns;
(2) a survey of the cost of broadband speeds available to small
business concerns;
(3) a survey of the type of broadband technology used by small
business concerns; and
(4) any policy recommendations that may improve the access of
small business concerns to comparable broadband services at
comparable rates in all regions of the United States.
SEC. 857. CONSOLIDATED BUDGET DISPLAY FOR THE DEPARTMENT OF DEFENSE
SMALL BUSINESS INNOVATION RESEARCH PROGRAM AND SMALL BUSINESS
TECHNOLOGY TRANSFER PROGRAM.
(a) Budget Display Submission.--The Secretary of Defense, acting
through the Under Secretary of Defense for Research and Engineering,
shall include in the materials submitted to Congress by the Secretary
of Defense in support of the budget of the President for each fiscal
year (as submitted to Congress under section 1105 of title 31, United
States Code), a budget display for the funds assessed for the Small
Business Innovation Research Program or the Small Business Technology
Transfer Program (as such terms are defined, respectively, in section
9(e) of the Small Business Act (15 U.S.C. 638(e))) of the Department of
Defense during the previous fiscal year.
(b) Budget Display Requirements.--The budget display under
subsection (a) shall include--
(1) for funds assessed, the amount obligated and expended, by
appropriation and functional area, for the Small Business
Innovation Research Program or the Small Business Technology
Transfer Program;
(2) information, by military department and other awarding
organizations, on Phase I, II, and III awards;
(3) to the extent practicable, specific processes, products,
technologies, or services that were transitioned to acquisition
programs of record, or other follow-on contracts; and
(4) an estimate of the Small Business Innovation Research
Program and the Small Business Technology Transfer Program funding
to be assessed during the period covered by the current future-
years defense program (as defined under section 221 of title 10,
United States Code).
(c) First Submission.--The first budget display under subsection
(a) shall be included with the budget for the President for fiscal year
2020.
(d) Congressional Committees.--The budget display under subsection
(a) shall be submitted to the congressional defense committees, with
copies provided to the Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business of the House of
Representatives.
(e) Termination.--The requirements of this section shall terminate
on December 31, 2022.
(f) Rule of Construction.--Nothing in this section shall be
construed to modify or otherwise affect the requirement to expend
amounts for the Small Business Innovation Research Program and the
Small Business Technology Transfer Program of the Department of Defense
under subsections (f) and (n) of section 9 of the Small Business Act
(15 U.S.C. 638).
SEC. 858. FUNDING FOR PROCUREMENT TECHNICAL ASSISTANCE PROGRAM.
(a) Amount of Assistance From Secretary.--Section 2413(b) of title
10, United States Code, is amended--
(1) by striking ``not more than 65 percent'' and inserting
``not more than 75 percent''; and
(2) in paragraph (1), by striking ``more than 65 percent, but
not more than 75 percent'' and inserting ``more than 75 percent,
but not more than 85 percent''.
(b) Funding for Eligible Entities.--Section 2414(a) of such title
is amended--
(1) in paragraph (1), by striking ``$750,000'' and inserting
``$1,000,000'';
(2) in paragraph (2), by striking ``$450,000'' and inserting
``$750,000'';
(3) in paragraph (3), by striking ``$300,000'' and inserting
``$450,000''; and
(4) in paragraph (4), by striking ``$750,000'' and inserting
``$1,000,000''.
SEC. 859. AUTHORIZATION FOR PAYMENT OF CERTAIN COSTS RELATING TO
PROCUREMENT TECHNICAL ASSISTANCE CENTERS.
(a) Authorization to Pay Costs Relating to Meetings of Eligible
Entities.--Section 2417 of title 10, United States Code, is amended--
(1) in the heading, by inserting ``and other'' after
``Administrative'';
(2) by striking ``chapter, an amount'' and inserting
``chapter--
``(1) an amount'';
(3) by striking the period at the end and inserting ``; and'';
and
(4) by adding at the end the following new paragraph:
``(2) an amount determined appropriate by the Director to
assist eligible entities in payment of costs of eligible entities
--
``(A) for meetings to discuss best practices for the
improvement of the operations of procurement technical
assistance centers; and
``(B) for membership dues for any association of such
centers created by eligible entities, training fees and
associated travel for training to carry out the purposes of
this chapter, and voluntary participation on any committees or
board of such an association.''.
(b) Briefing.--Not later than six months after the date of the
enactment of this Act, the Director of the Defense Logistics Agency
shall brief the congressional defense committees on the recognition or
lack of recognition by the Department of Defense of procurement
technical assistance center associations and the rationale for the
recognition or lack of recognition, including a discussion of whether
the Department needs authority to recognize such associations.
SEC. 860. COMMERCIALIZATION ASSISTANCE PILOT PROGRAM.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended by
adding at the end the following new subsection:
``(uu) Commercialization Assistance Pilot Programs.--
``(1) Pilot programs implemented.--
``(A) In general.--Except as provided in subparagraph (B),
not later than one year after the date of the enactment of this
subsection, a covered agency shall implement a
commercialization assistance pilot program, under which an
eligible entity may receive a subsequent Phase II SBIR award.
``(B) Exception.--If the Administrator determines that a
covered agency has a program that is sufficiently similar to
the commercialization assistance pilot program established
under this subsection, such covered agency shall not be
required to implement a commercialization assistance pilot
program under this subsection.
``(2) Percent of agency funds.--The head of each covered agency
may allocate not more than 5 percent of the funds allocated to the
SBIR program of the covered agency for the purpose of making a
subsequent Phase II SBIR award under the commercialization
assistance pilot program.
``(3) Termination.--A commercialization assistance pilot
program established under this subsection shall terminate on
September 30, 2022.
``(4) Application.--To be selected to receive a subsequent
Phase II SBIR award under a commercialization assistance pilot
program, an eligible entity shall submit to the covered agency
implementing such pilot program an application at such time, in
such manner, and containing such information as the covered agency
may require, including--
``(A) an updated Phase II commercialization plan; and
``(B) the source and amount of the matching funding
required under paragraph (5).
``(5) Matching funding.--
``(A) In general.--The Administrator shall require, as a
condition of any subsequent Phase II SBIR award made to an
eligible entity under this subsection, that a matching amount
(excluding any fees collected by the eligible entity receiving
such award) equal to the amount of such award be provided from
an eligible third-party investor.
``(B) Ineligible sources.--An eligible entity may not use
funding from ineligible sources to meet the matching
requirement of subparagraph (A).
``(6) Award.--A subsequent Phase II SBIR award made to an
eligible entity under this subsection--
``(A) may not exceed the limitation described under
subsection (aa)(1); and
``(B) shall be disbursed during Phase II.
``(7) Use of funds.--The funds awarded to an eligible entity
under this subsection may only be used for research and development
activities that build on eligible entity's Phase II program and
ensure the research funded under such Phase II is rapidly
progressing towards commercialization.
``(8) Selection.--In selecting eligible entities to participate
in a commercialization assistance pilot program under this
subsection, the head of a covered agency shall consider--
``(A) the extent to which such award could aid the eligible
entity in commercializing the research funded under the
eligible entity's Phase II program;
``(B) whether the updated Phase II commercialization plan
submitted under paragraph (4) provides a sound approach for
establishing technical feasibility that could lead to
commercialization of such research;
``(C) whether the proposed activities to be conducted under
such updated Phase II commercialization plan further improve
the likelihood that such research will provide societal
benefits;
``(D) whether the small business concern has progressed
satisfactorily in Phase II to justify receipt of a subsequent
Phase II SBIR award;
``(E) the expectations of the eligible third-party investor
that provides matching funding under paragraph (5); and
``(F) the likelihood that the proposed activities to be
conducted under such updated Phase II commercialization plan
using matching funding provided by such eligible third-party
investor will lead to commercial and societal benefit.
``(9) Evaluation report.--Not later than 6 years after the date
of the enactment of this subsection, the Comptroller General of the
United States shall submit to the Committee on Science, Space, and
Technology and the Committee on Small Business of the House of
Representatives, and the Committee on Small Business and
Entrepreneurship of the Senate, a report including--
``(A) a summary of the activities of commercialization
assistance pilot programs carried out under this subsection;
``(B) a detailed compilation of results achieved by such
commercialization assistance pilot programs, including the
number of eligible entities that received awards under such
programs;
``(C) the rate at which each eligible entity that received
a subsequent Phase II SBIR award under this subsection
commercialized research of the recipient;
``(D) the growth in employment and revenue of eligible
entities that is attributable to participation in a
commercialization assistance pilot program;
``(E) a comparison of commercialization success of eligible
entities participating in a commercialization assistance pilot
program with recipients of an additional Phase II SBIR award
under subsection (ff);
``(F) demographic information, such as ethnicity and
geographic location, of eligible entities participating in a
commercialization assistance pilot program;
``(G) an accounting of the funds used at each covered
agency that implements a commercialization assistance pilot
program under this subsection;
``(H) the amount of matching funding provided by eligible
third-party investors, set forth separately by source of
funding;
``(I) an analysis of the effectiveness of the
commercialization assistance pilot program implemented by each
covered agency; and
``(J) recommendations for improvements to the
commercialization assistance pilot program.
``(10) Definitions.--For purposes of this subsection:
``(A) Covered agency.--The term `covered agency' means a
Federal agency required to have an SBIR program.
``(B) Eligible entity.--The term `eligible entity' means a
small business concern that has received a Phase II award under
an SBIR program and an additional Phase II SBIR award under
subsection (ff) from the covered agency to which such small
business concern is applying for a subsequent Phase II SBIR
award.
``(C) Eligible third-party investor.--The term `eligible
third-party investor' means a small business concern other than
an eligible entity, a venture capital firm, an individual
investor, a non-SBIR Federal, State or local government, or any
combination thereof.
``(D) Ineligible sources.--The term `ineligible sources'
means the following:
``(i) The eligible entity's internal research and
development funds.
``(ii) Funding in forms other than cash, such as in-
kind or other intangible assets.
``(iii) Funding from the owners of the eligible entity,
or the family members or affiliates of such owners.
``(iv) Funding attained through loans or other forms of
debt obligations.
``(E) Subsequent phase ii sbir award.--The term `subsequent
Phase II SBIR award' means an award granted to an eligible
entity under this subsection to carry out further
commercialization activities for research conducted pursuant to
an SBIR program.''.
SEC. 861. PUERTO RICO BUSINESSES.
(a) Definition of Puerto Rico Business.--Section 3 of the Small
Business Act (15 U.S.C. 632) is amended by adding at the end the
following new subsection:
``(ee) Puerto Rico Business.--In this Act, the term `Puerto Rico
business' means a small business concern that has its principal office
located in the Commonwealth of Puerto Rico.''.
(b) Small Business Credit for Puerto Rico Businesses.--Section 15
of the Small Business Act (15 U.S.C. 644) is amended by adding at the
end the following new subsection:
``(x) Small Business Credit for Puerto Rico Businesses.--
``(1) Credit for meeting contracting goals.--If an agency
awards a prime contract to Puerto Rico business during the period
beginning on the date of enactment of this subsection and ending on
the date that is 4 years after such date of enactment, the value of
the contract shall be doubled for purposes of determining
compliance with the goals for procurement contracts under
subsection (g)(1)(A)(i) during such period.
``(2) Report.--Along with the report required under subsection
(h)(1), the head of each Federal agency shall submit to the
Administrator, and make publicly available on the scorecard
described in section 868(b) of the National Defense Authorization
Act for Fiscal Year 2016 (15 U.S.C. 644 note), an analysis of the
number and dollar amount of prime contracts awarded pursuant to
paragraph (1) for each fiscal year of the period described in such
paragraph.''.
(c) Priority for Surplus Property Transfers.--Section 7(j)(13)(F)
of the Small Business Act (15 U.S.C. 636(j)(13)(F)) is amended by
adding at the end the following new clause:
``(iii)(I) In this clause, the term `covered period' means the
period beginning on the date of enactment of this clause and ending
on the date on which the Oversight Board established under section
101 of the Puerto Rico Oversight, Management, and Economic
Stability Act (48 U.S.C. 2121) terminates.
``(II) The Administrator may transfer technology or surplus
property under clause (i) to a Puerto Rico business if the Puerto
Rico business meets the requirements for such a transfer, without
regard to whether the Puerto Rico business is a Program
Participant.''.
(d) Contracting Incentives for Protege Firms That Are Puerto Rico
Businesses.--
(1) In general.--Section 45(a) of the Small Business Act (15
U.S.C. 657r(a)) is amended by adding at the end the following new
paragraph:
``(3) Puerto rico businesses.--During the period beginning on
the date of enactment of this paragraph and ending on the date on
which the Oversight Board established under section 101 of the
Puerto Rico Oversight, Management, and Economic Stability Act (48
U.S.C. 2121) terminates, the Administrator shall identify potential
incentives to a covered mentor that awards a subcontract to its
covered protege, including--
``(A) positive consideration in any past performance
evaluation of the covered mentor; and
``(B) the application of costs incurred for providing
training to such covered protege to the subcontracting plan (as
required under paragraph (4) or (5) of section 8(d)) of the
covered mentor.''.
(2) Definitions.--Section 45(d) of the Small Business Act (15
U.S.C. 657r(d)) is amended by adding at the end the following new
paragraphs:
``(4) Covered mentor.--The term `covered mentor' means a mentor
that enters into an agreement under this Act, or under any mentor-
protege program approved under subsection (b)(1), with a covered
protege.
``(5) Covered protege.--The term `covered protege' means a
protege of a covered mentor that is a Puerto Rico business.''.
(e) Additional Mentor-Protege Relationships for Protege Firms That
Are Puerto Rico Businesses.--Section 45(b)(3)(A) of the Small Business
Act (15 U.S.C. 657r(b)(3)(A)) is amended by inserting ``, except that
such restrictions shall not apply to up to 2 mentor-protege
relationships if such relationships are between a covered protege and
covered mentor'' after ``each participant''.
SEC. 862. OPPORTUNITIES FOR EMPLOYEE-OWNED BUSINESS CONCERNS
THROUGH SMALL BUSINESS ADMINISTRATION LOAN PROGRAMS.
(a) Definitions.--In this Act--
(1) the terms ``Administration'' and ``Administrator'' means
the Small Business Administration and the Administrator thereof,
respectively;
(2) the term ``cooperative'' means an entity that is determined
to be a cooperative by the Administrator, in accordance with
applicable Federal and State laws and regulations;
(3) the term ``employee-owned business concern'' means--
(A) a cooperative; and
(B) a qualified employee trust;
(4) the terms ``qualified employee trust'' and ``small business
concern'' have the meanings given those terms in section 3 of the
Small Business Act (15 U.S.C. 632); and
(5) the term ``small business development center'' means a
small business development center described in section 21 of the
Small Business Act (15 U.S.C. 648).
(b) Expansion of 7(a) Loans.--
(1) In general.--Section 7(a) of the Small Business Act (15
U.S.C. 636(a)) is amended--
(A) in paragraph (15)--
(i) in subparagraph (A)--
(I) by striking ``this subsection to qualified
employee trusts'' and inserting ``this subsection--
``(i) to qualified employee trusts'';
(II) in clause (i), as so designated--
(aa) by inserting ``, and for any transaction
costs associated with purchasing,'' after
``purchasing'';
(bb) by striking the period at the end and
inserting ``; and''; and
(III) by adding at the end the following:
``(ii) to a small business concern under a plan approved by
the Administrator, if the proceeds from the loan are only used
to make a loan to a qualified employee trust, and for any
transaction costs associated with making that loan, that
results in the qualified employee trust owning at least 51
percent of the small business concern.'';
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by
inserting ``or by the small business concern'' after
``the trustee of such trust'';
(II) in clause (ii), by striking ``and'' at the
end;
(III) in clause (iii), by striking the period at
the end and inserting ``, and''; and
(IV) by adding at the end the following:
``(iv) with respect to a loan made to a trust, or to a
cooperative in accordance with paragraph (35)--
``(I) a seller of the small business concern may remain
involved as an officer, director, or key employee of the
small business concern when a qualified employee trust or
cooperative has acquired 100 percent of ownership of the
small business concern; and
``(II) any seller of the small business concern who
remains as an owner of the small business concern,
regardless of the percentage of ownership interest, shall
be required to provide a personal guarantee by the
Administration.''; and
(iii) by adding at the end the following:
``(F) A small business concern that makes a loan to a qualified
employee trust under subparagraph (A)(ii) is not required to
contain the same terms and conditions as the loan made to the small
business concern that is guaranteed by the Administration under
such subparagraph.
``(G) With respect to a loan made to a qualified employee trust
under this paragraph, or to a cooperative in accordance with
paragraph (35), the Administrator may, as deemed appropriate, elect
to not require any mandatory equity to be provided by the qualified
employee trust or cooperative to make the loan.''; and
(B) by adding at the end the following:
``(35) Loans to cooperatives.--
``(A) Definition.--In this paragraph, the term
`cooperative' means an entity that is determined to be a
cooperative by the Administrator, in accordance with applicable
Federal and State laws and regulation.
``(B) Authority.--The Administration shall guarantee loans
made to a cooperative for the purpose described in paragraph
(15).''.
(2) Delegation of authority to preferred lenders.--Section
5(b)(7) of the Small Business Act (15 U.S.C. 634(b)(7)) is amended
by inserting ``, including loans guaranteed under paragraph (15) or
(35) of section 7(a)'' after ``deferred participation loans''.
(c) Small Business Investment Company Program Outreach.--The
Administrator shall provide outreach and educational materials to
companies licensed under section 301(c) of the Small Business
Investment Act of 1958 (15 U.S.C. 681(c)) to increase the use of funds
to make investments in company transitions to employee-owned business
concerns.
(d) Small Business Microloan Program Outreach.--The Administrator
shall provide outreach and educational materials to intermediaries
under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) to
increase the use of funds to make loans to employee-owned business
concerns, including transitions to employee-owned business concerns.
(e) Small Business Development Center Outreach and Assistance.--
(1) Establishment.--The Administrator shall establish a Small
Business Employee Ownership and Cooperatives Promotion Program to
offer technical assistance and training on the transition to
employee ownership through cooperatives and qualified employee
trusts.
(2) Small business development centers.--
(A) In general.--In carrying out the program established
under subsection (a), the Administrator shall enter into
agreements with small business development centers under which
the centers shall--
(i) provide access to information and resources on
employee ownership through cooperatives or qualified
employee trusts as a business succession strategy;
(ii) conduct training and educational activities; and
(iii) carry out the activities described in
subparagraph (U) of section 21(c)(3) of the Small Business
Act (15 U.S.C. 648(c)(3)).
(B) Additional services.--Section 21(c)(3) of the Small
Business Act (15 U.S.C. 648(c)(3)) is amended--
(i) in subparagraph (S), by striking ``and'' at the
end;
(ii) in subparagraph (T), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(U) encouraging and assisting the provision of succession
planning to small business concerns with a focus on transitioning
to cooperatives, as defined in section 7(a)(35), and qualified
employee trusts (collectively referred to in this subparagraph as
`employee-owned business concerns'), including by--
``(i) providing training to individuals to promote the
successful management, governance, or operation of a business
purchased by those individuals in the formation of an employee-
owned business concern;
``(ii) assisting employee-owned business concerns that meet
applicable size standards established under section 3(a) with
education and technical assistance with respect to financing
and contracting programs administered by the Administration;
``(iii) coordinating with lenders on conducting outreach on
financing through programs administered by the Administration
that may be used to support the transition of ownership to
employees;
``(iv) supporting small business concerns in exploring or
assessing the possibility of transitioning to an employee-owned
business concern; and
``(v) coordinating with the cooperative development centers
of the Department of Agriculture, the land grant extension
network, the Manufacturing Extension Partnership, community
development financial institutions, employee ownership
associations and service providers, and local, regional and
national cooperative associations.''.
(f) Amendment to Report to Congress on Status of Employee-Owned
Firms.--Section 7(a)(15)(E) of the Small Business Act (15 U.S.C.
636(a)(15)(E)) is amended by striking ``Administration.'' and inserting
``Administration, which shall include--
``(i) the total number of loans made to employee-owned
business concerns that were guaranteed by the Administrator
under section 7(a) of the Small Business Act (15 U.S.C.
636(a)) or section 502 of the Small Business Investment Act
of 1958 (15 U.S.C. 696), including the number of loans
made--
``(I) to small business concerns owned and
controlled by socially and economically disadvantaged
individuals; and
``(II) to cooperatives;
``(ii) the total number of financings made to employee-
owned business concerns by companies licensed under section
301(c) of the Small Business Investment Act of 1958 (15
U.S.C. 696(c)), including the number of financings made--
``(I) to small business concerns owned and
controlled by socially and economically disadvantaged
individuals; and
``(II) to cooperatives; and
``(iii) any outreach and educational activities
conducted by the Administration with respect to employee-
owned business concerns.''.
(g) Report on Cooperative Lending.--
(1) Sense of congress.--It is the sense of Congress that
cooperatives have a unique business structure and are unable to
access the lending programs of the Administration effectively due
to loan guarantee requirements that are incompatible with the
business structure of cooperatives.
(2) Study and report.--
(A) Study.--The Administrator, in coordination with
lenders, stakeholders, and Federal agencies, shall study and
recommend practical alternatives for cooperatives that will
satisfy the loan guarantee requirements of the Administration.
(B) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to
Congress the recommendations developed under paragraph (1) and
a plan to implement such recommendations.
(h) Amendment to Definition of Qualified Employee Trust.--Section
3(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 632(c)(2)(A)(ii))
is amended to read as follows:
``(ii) which provides that each participant is entitled to
direct the plan trustee as to the manner of how to vote the
qualified employer securities (as defined in section 4975(e)(8)
of the Internal Revenue Code of 1986), which are allocated to
the account of such participant with respect to a corporate
matter which (by law or charter) must be decided by a vote
conducted in accordance with section 409(e) of the Internal
Revenue Code of 1986; and''.
Subtitle G--Provisions Related to Software and Technical Data Matters
SEC. 865. VALIDATION OF PROPRIETARY AND TECHNICAL DATA.
Section 2321(f) of title 10, United States Code, is amended--
(1) by striking ``(1) Except as provided in paragraph (2), in''
and inserting ``In''; and
(2) by striking paragraph (2).
SEC. 866. CONTINUATION OF TECHNICAL DATA RIGHTS DURING CHALLENGES.
(a) Exercise of Rights in Technical Data Before Final Disposition
of a Challenge.--Section 2321(i) of title 10, United States Code, is
amended--
(1) in the subsection heading, by inserting ``Prior to and''
after ``Rights and Liability'';
(2) by redesignating paragraphs (1) and (2) as paragraphs (2)
and (3), respectively; and
(3) by inserting before paragraph (2), as so redesignated, the
following new paragraph:
``(1) Upon filing of a suit or appeal under the contract dispute
statute by a contractor or subcontractor in an agency Board of Contract
Appeals or United States Claims Court related to a decision made by a
contracting officer under subsection (g), the Secretary of Defense, or
a Secretary of a military department for programs for which milestone
decision authority has been delegated, on a nondelegable basis, may,
following notice to the contractor or subcontractor, authorize use of
the technical data in dispute if the Secretary determines in writing
that compelling mission readiness requirements will not permit awaiting
the final decision by the agency Board of Contract Appeals or the
United States Claims Court.''.
(b) Revision of the Defense Federal Acquisition Regulation
Supplement.--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, by interim or final rule, to
implement the amendments made by subsection (a).
(c) Effective Date.--The amendments made by subsection (a) and the
revision required by subsection (b) shall become effective on the date
of publication of the interim or final rule (whichever is earlier)
required by subsection (b) and shall apply to solicitations issued by
Department of Defense contracting activities after that date unless the
senior procurement executive of the agency concerned grants a waiver on
a case-by-case basis.
(d) Guidance on Technical Data Right Negotiation.--The Secretary of
Defense shall develop policies on the negotiation of technical data
rights for noncommercial software that reflects the Department of
Defense's needs for technical data rights in the event of a protest or
replacement of incumbent contractor to meet defense requirements in the
most cost effective manner.
SEC. 867. REQUIREMENT FOR NEGOTIATION OF TECHNICAL DATA PRICE
BEFORE SUSTAINMENT OF MAJOR WEAPON SYSTEMS.
Section 2439 of title 10, United States Code, is amended--
(1) by inserting ``, to the maximum extent practicable,'' after
``shall ensure'';
(2) by striking ``or for the production of a major weapon
system'' and inserting ``production of a major weapon system, or
sustainment of a major weapon system'';
(3) by striking ``or production'' and inserting ``, production,
or sustainment''; and
(4) in the heading, by striking ``or production'' and inserting
``, production, or sustainment''.
SEC. 868. IMPLEMENTATION OF RECOMMENDATIONS OF THE FINAL REPORT OF
THE DEFENSE SCIENCE BOARD TASK FORCE ON THE DESIGN AND
ACQUISITION OF SOFTWARE FOR DEFENSE SYSTEMS.
(a) Implementation Required.--Not later than 18 months after the
date of the enactment of this Act, the Secretary of Defense shall,
except as provided under subsection (b), commence implementation of
each recommendation submitted as part of the final report of the
Defense Science Board Task Force on the Design and Acquisition of
Software for Defense Systems.
(b) Exceptions.--
(1) Delayed implementation.--The Secretary of Defense may
commence implementation of a recommendation described under
subsection (a) later than the date required under such subsection
if the Secretary provides the congressional defense committees with
a specific justification for the delay in implementation of such
recommendation.
(2) Nonimplementation.--The Secretary of Defense may opt not to
implement a recommendation described under subsection (a) if the
Secretary provides to the congressional defense committees--
(A) the reasons for the decision not to implement the
recommendation; and
(B) a summary of the alternative actions the Secretary
plans to take to address the purposes underlying the
recommendation.
(c) Implementation Plans.--For each recommendation that the
Secretary is implementing, or that the Secretary plans to implement,
the Secretary shall submit to the congressional defense committees--
(1) a summary of actions that have been taken to implement the
recommendation; and
(2) a schedule, with specific milestones, for completing the
implementation of the recommendation.
SEC. 869. IMPLEMENTATION OF PILOT PROGRAM TO USE AGILE OR ITERATIVE
DEVELOPMENT METHODS REQUIRED UNDER SECTION 873 OF THE NATIONAL
DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall include the
following systems in the pilot program to use agile or iterative
development methods pursuant to section 873 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C.
2223a note):
(1) Defense Retired and Annuitant Pay System 2 (DRAS2), Defense
Logistics Agency.
(2) Army Integrated Air and Missile Defense (AIAMD), Army.
(3) Army Contract Writing System (ACWS), Army.
(4) Defense Enterprise Accounting and Management System (DEAMS)
Inc2, Air Force.
(5) Item Master, Air Force.
(b) Additions to List.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall identify
three additional systems for participation in the pilot program
pursuant to section 873 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2223a note) and notify
the congressional defense committees of the additions.
(c) Community of Practice Advising on Agile or Iterative
Development.--The Under Secretary of Defense for Acquisition and
Sustainment shall establish a Community of Practice on agile or
iterative methods so that programs that have been incorporating agile
or iterative methods can share with programs participating in the pilot
the lessons learned, best practices, and recommendations for
improvements to acquisition and supporting processes. The Service
Acquisition Executives of the military departments shall send
representation from the following programs, which have reported using
agile or iterative methods:
(1) Air and Space Operations Center (AOC).
(2) Command Control Battle Management and Communications
(C2BMC).
(3) The family of Distributed Common Ground Systems.
(4) The family of Global Command and Control Systems.
(5) Navy Personnel and Pay (NP2).
(6) Other programs and activities as appropriate.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall report to the
congressional defense committees on the status of the pilot program and
each system participating in the pilot. The report shall include the
following elements:
(1) A description of how cost and schedule estimates in support
of the program are being conducted and using what methods.
(2) The contracting strategy and types of contracts that will
be used in executing the program.
(3) A description of how intellectual property ownership issues
associated with software applications developed with agile or
iterative methods will be addressed to ensure future sustainment,
maintenance, and upgrades to software applications after the
applications are fielded.
(4) A description of the tools and software applications that
are expected to be developed for the program and the costs and cost
categories associated with each.
(5) A description of challenges the program has faced in
realigning the program to use agile or iterative methods.
(e) Modifications to Pilot Program Selection Criteria.--Section
873(a)(3)(B) of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91; 10 U.S.C. 2223a note) is amended--
(1) by inserting ``or subsystems'' after ``In selecting
systems'';
(2) in clause (i)(II), by striking ``; and'' and inserting ``;
or''; and
(3) in clause (ii)(II), by striking ``; and'' and inserting ``;
or''.
SEC. 870. REPORT ON REQUIRING ACCESS TO DIGITAL TECHNICAL DATA IN
FUTURE ACQUISITIONS OF COMBAT, COMBAT SERVICE, AND COMBAT SUPPORT
SYSTEMS.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the feasibility and advisability of requiring
access to digital technical data in all future acquisitions by the
Department of Defense of combat, combat service, and combat support
systems, including front-end negotiations for such access. Such report
shall include a digital data standard for technical data for use by
equipment manufacturers and the Department with regard to three-
dimensional printed parts.
Subtitle H--Other Matters
SEC. 871. PROHIBITION ON ACQUISITION OF SENSITIVE MATERIALS FROM
NON-ALLIED FOREIGN NATIONS.
(a) In General.--Subchapter V of chapter 148 of title 10, United
States Code, is amended by inserting after section 2533b the following
new section:
``Sec. 2533c. Prohibition on acquisition of sensitive materials from
non-allied foreign nations
``(a) In General.--Except as provided in subsection (c), the
Secretary of Defense may not--
``(1) procure any covered material melted or produced in any
covered nation, or any end item that contains a covered material
manufactured in any covered nation, except as provided by
subsection (c); or
``(2) sell any covered material from the National Defense
Stockpile, if the National Defense Stockpile Manager determines
that such a sale is not in the national interests of the United
States, to--
``(A) any covered nation; or
``(B) any third party that the Secretary reasonably
believes is acting as a broker or agent for a covered nation or
an entity in a covered nation.
``(b) Applicability.--Subsection (a) shall apply to prime contracts
and subcontracts at any tier.
``(c) Exceptions.--Subsection (a) does not apply under the
following circumstances:
``(1) If the Secretary of Defense determines that covered
materials of satisfactory quality and quantity, in the required
form, cannot be procured as and when needed at a reasonable price.
``(2) To the procurement of an end item described in subsection
(a)(1) or the sale of any covered material described under
subsection (a)(1) by the Secretary outside of the United States for
use outside of the United States.
``(3) To the purchase by the Secretary of an end item
containing a covered material that is--
``(A) a commercially available off-the-shelf item (as
defined in section 104 of title 41), other than--
``(i) a commercially available off-the-shelf item that
is 50 percent or more tungsten by weight; or
``(ii) a mill product, such as bar, billet, slab, wire,
cube, sphere, block, blank, plate, or sheet, that has not
been incorporated into an end item, subsystem, assembly, or
component;
``(B) an electronic device, unless the Secretary of
Defense, upon the recommendation of the Strategic Materials
Protection Board pursuant to section 187 of this title,
determines that the domestic availability of a particular
electronic device is critical to national security; or
``(C) a neodymium-iron-boron magnet manufactured from
recycled material if the milling of the recycled material and
sintering of the final magnet takes place in the United States.
``(d) Definitions.--In this section:
``(1) Covered material.--The term `covered material' means--
``(A) samarium-cobalt magnets;
``(B) neodymium-iron-boron magnets;
``(C) tungsten metal powder; and
``(D) tungsten heavy alloy or any finished or semi-finished
component containing tungsten heavy alloy.
``(2) Covered nation.--The term `covered nation' means--
``(A) the Democratic People's Republic of North Korea;
``(B) the People's Republic of China;
``(C) the Russian Federation; and
``(D) the Islamic Republic of Iran.
``(3) End item.--The term `end item' has the meaning given in
section 2533b(m) of this title.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such subchapter is amended by inserting after the item relating to
section 2533b the following item:
``2533c. Prohibition on acquisition of sensitive materials from non-
allied foreign nations.''.
SEC. 872. EXTENSION OF PROHIBITION ON PROVIDING FUNDS TO THE ENEMY.
Section 841(n) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 127 Stat. 3455; 10 U.S.C. 2302 note) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2021''.
SEC. 873. DATA, POLICY, AND REPORTING ON THE USE OF OTHER
TRANSACTIONS.
(a) Collection and Storage.--The Service Acquisition Executives of
the military departments shall collect data on the use of other
transactions by their respective departments, and the Under Secretary
of Defense for Research and Engineering and the Under Secretary of
Defense for Acquisition and Sustainment shall collect data on all other
use by the Department of Defense of other transactions, including use
by the Defense Agencies. The data shall be stored in a manner that
allows the Assistant Secretary of Defense for Acquisition and other
appropriate officials access at any time.
(b) Use of Data.--The Assistant Secretary of Defense for
Acquisition shall analyze and leverage the data collected under
subsection (a) to update policy and guidance related to the use of
other transactions.
(c) Report Required.--Not later than December 31, 2018, and each
December 31 thereafter through December 31, 2021, the Secretary of
Defense shall submit to the congressional defense committees a report
covering the preceding fiscal year on the Department's use of other
transaction authority. Each report shall summarize and display the data
collected under subsection (a) on the nature and extent of the use of
the authority, including a summary and detail showing--
(1) organizations involved, quantities, amounts of payments,
and purpose, description, and status of projects; and
(2) highlights of successes and challenges using the authority,
including case examples.
SEC. 874. STANDARDIZATION OF FORMATTING AND PUBLIC ACCESSIBILITY OF
DEPARTMENT OF DEFENSE REPORTS TO CONGRESS.
(a) Report Formatting Plan Required.--Not later than March 1, 2019,
the Secretary of Defense shall provide a plan to the congressional
defense committees on activities to standardize the formatting of
unclassified Department of Defense reports required by Congress. Such
plan shall include--
(1) a description of the method for ensuring that reports are
created in a platform-independent, machine-readable format that can
be retrieved, downloaded, indexed, and searched by commonly used
web search applications; and
(2) a cost estimate and schedule for implementation of the
activities under paragraph (1), with a completion date of not later
than March 1, 2020.
(b) Online Repository Plan Required.--Not later than March 1, 2019,
the Secretary of Defense shall provide a briefing to the congressional
defense committees on the feasibility of developing a publically
accessible online repository of unclassified reports of the Department
of Defense issued since January 1, 2010. Such briefing shall include--
(1) protocols for inclusion of unclassified reports that, as
determined by the Secretary, may not be appropriate for public
release in their entirety; and
(2) a cost estimate and schedule for implementation and
maintenance of the online repository.
SEC. 875. PROMOTION OF THE USE OF GOVERNMENT-WIDE AND OTHER
INTERAGENCY CONTRACTS.
Section 865(b)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 31 U.S.C.
1535 note) is amended--
(1) by striking ``that all interagency acquisitions--'' and
inserting ``that--'';
(2) in subparagraph (A)--
(A) by inserting ``all interagency assisted acquisitions''
before ``include''; and
(B) by inserting ``and'' after the semicolon;
(3) by striking subparagraph (B); and
(4) by redesignating subparagraph (C) as subparagraph (B), and
in that subparagraph by inserting ``all interagency assisted
acquisitions'' before ``include''.
SEC. 876. INCREASING COMPETITION AT THE TASK ORDER LEVEL.
Section 3306(c) of title 41, United States Code, is amended--
(1) in paragraph (1), by inserting ``except as provided in
paragraph (3),'' in subparagraphs (B) and (C) after the
subparagraph designation; and
(2) by adding at the end the following new paragraphs:
``(3) Exceptions for certain indefinite delivery, indefinite
quantity multiple-award contracts and certain federal supply
schedule contracts for services acquired on an hourly rate.--If an
executive agency issues a solicitation for one or more contracts
for services to be acquired on an hourly rate basis under the
authority of sections 4103 and 4106 of this title or section 152(3)
of this title and section 501(b) of title 40 and the executive
agency intends to make a contract award to each qualifying offeror
and the contract or contracts will feature individually competed
task or delivery orders based on hourly rates--
``(A) the contracting officer need not consider price as an
evaluation factor for contract award; and
``(B) if, pursuant to subparagraph (A), price is not
considered as an evaluation factor for contract award, cost or
price to the Federal Government shall be considered in
conjunction with the issuance pursuant to sections 4106(c) and
152(3) of this title of any task or delivery order under any
contract resulting from the solicitation.
``(4) Definition.--In paragraph (3), the term `qualifying
offeror' means an offeror that--
``(A) is determined to be a responsible source;
``(B) submits a proposal that conforms to the requirements
of the solicitation;
``(C) meets all technical requirements; and
``(D) is otherwise eligible for award.''.
SEC. 877. INDIVIDUAL ACQUISITION FOR COMMERCIAL LEASING SERVICES.
(a) In General.--For the purpose of section 863 of Public Law 110-
417, an individual acquisition for commercial leasing services shall
not be construed as a purchase of property or services if such
individual acquisition is made on a no cost basis and pursuant to a
multiple award contract awarded in accordance with requirements for
full and open competition.
(b) Audit.--The Comptroller General of the United States shall--
(1) conduct biennial audits of the General Services
Administration National Broker Contract to determine--
(A) whether brokers selected under the program provide
lower lease rental rates than rates negotiated by General
Services Administration staff; and
(B) the impact of the program on the length of time of
lease procurements;
(2) conduct a review of whether the application of section 863
of Public Law 110-417 to acquisitions for commercial leasing
services resulted in rental cost savings for the Government during
the years in which such section was applicable prior to the date of
enactment of this section; and
(3) not later than September 30, 2019, and September 30, 2021,
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report that--
(A) summarizes the results of the audit and review required
by paragraphs (1) and (2);
(B) includes an assessment of whether the National Broker
Contract provides greater efficiencies and savings than the use
of General Services Administration staff; and
(C) includes recommendations for improving General Services
Administration lease procurements.
(c) Termination.--This section shall terminate on December 31,
2022.
SEC. 878. PROCUREMENT ADMINISTRATIVE LEAD TIME DEFINITION AND PLAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator for Federal Procurement Policy
shall develop, make available for public comment, and finalize--
(1) a definition of the term ``Procurement administrative lead
time'' or ``PALT'', to be applied Government-wide, that describes
the amount of time from the date on which a solicitation for a
contract or task order is issued to the date of an initial award of
the contract or task order; and
(2) a plan for measuring and publicly reporting data on PALT
for Federal Government contracts and task orders in amounts greater
than the simplified acquisition threshold.
(b) Requirement for Definition.--Unless the Administrator
determines otherwise, the amount of time in the definition of PALT
developed under subsection (a) shall--
(1) begin on the date on which an initial solicitation is
issued by a Federal department or agency for a contract or task
order; and
(2) end on the date of the award of the contract or task order.
(c) Coordination.--In developing the definition of PALT, the
Administrator shall coordinate with--
(1) the senior procurement executives of Federal agencies;
(2) the Secretary of Defense; and
(3) 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 System.--In developing the
plan for measuring and publicly reporting data on PALT required by
subsection (a), the Administrator 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. 879. BRIEFING ON FUNDING OF PRODUCT SUPPORT STRATEGIES.
(a) Briefing Required.--For each of the fiscal years 2020, 2021,
and 2022, the Secretary of Defense shall provide an annotated briefing
to the congressional defense committees regarding the funding for
product support strategies for major weapon systems.
(b) Contents.--The briefing shall include for each major weapon
system--
(1) a current estimate of the total funding required for the
product support strategy for specific costs of the weapons system
over its expected lifecycle;
(2) a current estimate of the funding required for the product
support strategy per year over the future years defense program for
the specific product support costs of the weapon system;
(3) a summary of the funding requested for the product support
strategy in the future years defense program per year specifically
for the weapon system;
(4) a summary of the amounts expended to support costs specific
to the weapon system as described in the product support strategy
of the weapon system during the prior fiscal year; and
(5) a summary of improvements made to data collection and
analysis capabilities of the Department of Defense, including in
the military services, to improve the analysis and cost estimation
of lifecycle costs, improve the analysis and identification of cost
drivers, reduce lifecycle cost variance, identify common and shared
costs for multiple weapons systems, and isolate the lifecycle costs
attributable to specific individual weapons systems.
SEC. 880. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE
SELECTION PROCESS.
(a) Statement of Policy.--It shall be the policy of the United
States Government to avoid using lowest price technically acceptable
source selection criteria in circumstances that would deny the
Government the benefits of cost and technical tradeoffs in the source
selection process.
(b) Revision of Federal Acquisition Regulation.--Not later than 120
days after the date of the enactment of this Act, the Federal
Acquisition Regulation shall be revised to require that, for
solicitations issued on or after the date that is 120 days after the
date of the enactment of this Act, lowest price technically acceptable
source selection criteria are used only in situations in which--
(1) an executive agency is able to comprehensively and clearly
describe the minimum requirements expressed in terms of performance
objectives, measures, and standards that will be used to determine
acceptability of offers;
(2) the executive agency would realize no, or minimal, value
from a contract proposal exceeding the minimum technical or
performance requirements set forth in the request for proposal;
(3) the proposed technical approaches will require no, or
minimal, subjective judgment by the source selection authority as
to the desirability of one offeror's proposal versus a competing
proposal;
(4) the executive agency has a high degree of confidence that a
review of technical proposals of offerors other than the lowest
bidder would not result in the identification of factors that could
provide value or benefit to the executive agency;
(5) the contracting officer has included a justification for
the use of a lowest price technically acceptable evaluation
methodology in the contract file; and
(6) the executive agency has determined that the lowest price
reflects full life-cycle costs, including for operations and
support.
(c) Avoidance of Use of Lowest Price Technically Acceptable Source
Selection Criteria in Certain Procurements.--To the maximum extent
practicable, the use of lowest price technically acceptable source
selection criteria shall be avoided in the case of a procurement that
is predominately for the acquisition of--
(1) information technology services, cybersecurity services,
systems engineering and technical assistance services, advanced
electronic testing, audit or audit readiness services, health care
services and records, telecommunications devices and services, or
other knowledge-based professional services;
(2) personal protective equipment; or
(3) knowledge-based training or logistics services in
contingency operations or other operations outside the United
States, including in Afghanistan or Iraq.
(d) Report Requirement.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for two years, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report on the number of
instances in which lowest price technically acceptable source selection
criteria is used for a contract exceeding $5,000,000, including an
explanation of how the situations listed in subsection (b) were
considered in making a determination to use lowest price technically
acceptable source selection criteria.
(e) Definitions.--In this section:
(1) Executive agency.--The term ``executive agency'' has the
meaning given that term in section 102 of title 40, United States
Code, except that the term does not include the Department of
Defense.
(2) Contingency operation.--The term ``contingency operation''
has the meaning given that term in section 101 of title 10, United
States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Oversight and Government Reform of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate.
SEC. 881. PERMANENT SUPPLY CHAIN RISK MANAGEMENT AUTHORITY.
(a) Permanent Extension of Authority.--
(1) In general.--Chapter 137 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2339a. Requirements for information relating to supply chain
risk
``(a) Authority.--Subject to subsection (b), the head of a covered
agency may--
``(1) carry out a covered procurement action; and
``(2) limit, notwithstanding any other provision of law, in
whole or in part, the disclosure of information relating to the
basis for carrying out a covered procurement action.
``(b) Determination and Notification.--The head of a covered agency
may exercise the authority provided in subsection (a) only after--
``(1) obtaining a joint recommendation by the Under Secretary
of Defense for Acquisition and Sustainment and the Chief
Information Officer of the Department of Defense, on the basis of a
risk assessment by the Under Secretary of Defense for Intelligence,
that there is a significant supply chain risk to a covered system;
``(2) making a determination in writing, in unclassified or
classified form, with the concurrence of the Under Secretary of
Defense for Acquisition and Sustainment, that--
``(A) use of the authority in subsection (a)(1) is
necessary to protect national security by reducing supply chain
risk;
``(B) less intrusive measures are not reasonably available
to reduce such supply chain risk; and
``(C) in a case where the head of the covered agency plans
to limit disclosure of information under subsection (a)(2), the
risk to national security due to the disclosure of such
information outweighs the risk due to not disclosing such
information; and
``(3) providing a classified or unclassified notice of the
determination made under paragraph (2) to the appropriate
congressional committees, which notice shall include--
``(A) the information required by section 2304(f)(3) of
this title;
``(B) the joint recommendation by the Under Secretary of
Defense for Acquisition and Sustainment and the Chief
Information Officer of the Department of Defense as specified
in paragraph (1);
``(C) a summary of the risk assessment by the Under
Secretary of Defense for Intelligence that serves as the basis
for the joint recommendation specified in paragraph (1); and
``(D) a summary of the basis for the determination,
including a discussion of less intrusive measures that were
considered and why they were not reasonably available to reduce
supply chain risk.
``(c) Delegation.--The head of a covered agency may not delegate
the authority provided in subsection (a) or the responsibility to make
a determination under subsection (b) to an official below the level of
the service acquisition executive for the agency concerned.
``(d) Limitation on Disclosure.--If the head of a covered agency
has exercised the authority provided in subsection (a)(2) to limit
disclosure of information--
``(1) no action undertaken by the agency head under such
authority shall be subject to review in a bid protest before the
Government Accountability Office or in any Federal court; and
``(2) the agency head shall--
``(A) notify appropriate parties of a covered procurement
action and the basis for such action only to the extent
necessary to effectuate the covered procurement action;
``(B) notify other Department of Defense components or
other Federal agencies responsible for procurements that may be
subject to the same or similar supply chain risk, in a manner
and to the extent consistent with the requirements of national
security; and
``(C) ensure the confidentiality of any such notifications.
``(e) Definitions.--In this section:
``(1) Head of a covered agency.--The term `head of a covered
agency' means each of the following:
``(A) The Secretary of Defense.
``(B) The Secretary of the Army.
``(C) The Secretary of the Navy.
``(D) The Secretary of the Air Force.
``(2) Covered procurement action.--The term `covered
procurement action' means any of the following actions, if the
action takes place in the course of conducting a covered
procurement:
``(A) The exclusion of a source that fails to meet
qualification standards established in accordance with the
requirements of section 2319 of this title for the purpose of
reducing supply chain risk in the acquisition of covered
systems.
``(B) The exclusion of a source that fails to achieve an
acceptable rating with regard to an evaluation factor providing
for the consideration of supply chain risk in the evaluation of
proposals for the award of a contract or the issuance of a task
or delivery order.
``(C) The decision to withhold consent for a contractor to
subcontract with a particular source or to direct a contractor
for a covered system to exclude a particular source from
consideration for a subcontract under the contract.
``(3) Covered procurement.--The term `covered procurement'
means--
``(A) a source selection for a covered system or a covered
item of supply involving either a performance specification, as
provided in section 2305(a)(1)(C)(ii) of this title, or an
evaluation factor, as provided in section 2305(a)(2)(A) of this
title, relating to supply chain risk;
``(B) the consideration of proposals for and issuance of a
task or delivery order for a covered system or a covered item
of supply, as provided in section 2304c(d)(3) of this title,
where the task or delivery order contract concerned includes a
contract clause establishing a requirement relating to supply
chain risk; or
``(C) any contract action involving a contract for a
covered system or a covered item of supply where such contract
includes a clause establishing requirements relating to supply
chain risk.
``(4) Supply chain risk.--The term `supply chain risk' means
the risk that an adversary may sabotage, maliciously introduce
unwanted function, or otherwise subvert the design, integrity,
manufacturing, production, distribution, installation, operation,
or maintenance of a covered system so as to surveil, deny, disrupt,
or otherwise degrade the function, use, or operation of such
system.
``(5) Covered system.--The term `covered system' means a
national security system, as that term is defined in section
3542(b) of title 44.
``(6) Covered item of supply.--The term `covered item of
supply' means an item of information technology (as that term is
defined in section 11101 of title 40) that is purchased for
inclusion in a covered system, and the loss of integrity of which
could result in a supply chain risk for a covered system.
``(7) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) in the case of a covered system included in the
National Intelligence Program or the Military Intelligence
Program, the Select Committee on Intelligence of the Senate,
the Permanent Select Committee on Intelligence of the House of
Representatives, and the congressional defense committees; and
``(B) in the case of a covered system not otherwise
included in subparagraph (A), the congressional defense
committees.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 2339 the following new item:
``2339a. Requirements for information relating to supply chain risk.''.
(b) Repeal of Obsolete Authority.--Section 806(g) of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 10 U.S.C. 2304 note) is hereby repealed.
SEC. 882. REVIEW OF MARKET RESEARCH.
Not later than February 1, 2019, the Under Secretary of Defense for
Acquisition and Sustainment, in consultation with the Under Secretary
of Defense for Research and Engineering, shall review the guidance of
the Department of Defense with regard to those portions of the Federal
Acquisition Regulation regarding commercially available market
research, including sections 10.001(a)(2)(vi) and 10.002(b), and market
research practices. The review shall, at a minimum--
(1) assess the impact that conducting market research has on
the Department's resources;
(2) ensure that commercially available market research is
considered among other sources of research, as appropriate, and
reviewed prior to developing new requirements documents for an
acquisition by the Department;
(3) assess the extent to which the legal or regulatory
definitions of market research should be made consistent, revised,
or expanded;
(4) assess the extent to which guidance pertaining to market
research should be revised or expanded; and
(5) evaluate best practices in market research in public and
private organizations, including use of information technologies to
support such research.
SEC. 883. ESTABLISHMENT OF INTEGRATED REVIEW TEAM ON DEFENSE
ACQUISITION INDUSTRY-GOVERNMENT EXCHANGE.
(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 Business Board to convene an integrated review team (in
this section referred to as the ``exchange team'') to undertake a
study on facilitating the exchange of defense industry personnel on
term assignments within the Department of Defense.
(2) Member participation.--
(A) Defense business board.--The Chairman of the Defense
Business Board shall select six members from the membership of
the Board to participate on the exchange team, including one
member to lead the team.
(B) Defense innovation board.--The Chairman of the Defense
Innovation Board shall select five appropriate members from the
membership of their Board to participate on the exchange team.
(C) Defense science board.--The Chairman of the Defense
Science Board shall select five appropriate members from the
membership of their Board to participate on the exchange team.
(D) Required experience.--The Chairmen referred to in
subparagraphs (A) through (C) shall ensure that members have
significant 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 legal, ethical, and financial disclosure
requirements for industry-government exchanges;
(B) review existing or previous industry-government
exchange programs such as the Department of State's Franklin
Fellows Program and the Information Technology Exchange
Program;
(C) review how the military departments address legal,
ethical, and financial requirements for members of the reserve
components who also maintain civilian employment in the defense
industry;
(D) 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
exchange team conducting the study determine necessary to--
(i) reduce barriers to industry-government exchange to
encourage the flow of acquisition best practices;
(ii) ensure continuing financial and ethical integrity;
and
(iii) protect the best interests of the Department of
Defense; and
(E) produce such additional recommendations for legislation
as the members consider appropriate.
(4) Access to information.--The Secretary of Defense shall
provide the exchange team with timely access to appropriate
information, data, resources, and analysis so that the exchange
team may conduct a thorough and independent analysis as required
under this subsection.
(b) Briefing.--Not later than December 31, 2018, the exchange team
shall provide an interim briefing to the congressional defense
committees on the study conducted under subsection (a)
(c) Final Report.--Not later than March 1, 2019, the exchange team
shall submit a final report on the study to the Under Secretary of
Defense for Acquisition and Sustainment and the congressional defense
committees.
SEC. 884. EXCHANGE PROGRAM FOR ACQUISITION WORKFORCE EMPLOYEES.
(a) Program Authorized.--The Secretary of Defense shall establish
an exchange program under which the Under Secretary of Defense for
Acquisition and Sustainment shall arrange for the temporary assignment
of civilian personnel in the Department of Defense acquisition
workforce.
(b) Purposes.--The purposes of the exchange program established
pursuant to subsection (a) are--
(1) to familiarize personnel from the acquisition workforce
with the equities, priorities, processes, culture, and workforce of
the acquisition-related defense agencies;
(2) to enable participants in the exchange program to return
the expertise gained through their exchanges to their original
organizations; and
(3) to improve communication between and integration of the
organizations that support the policy, implementation, and
oversight of defense acquisition through lasting relationships.
(c) Participants.--
(1) Number of participants.--The Under Secretary shall select
not less than 10 and no more than 20 participants per year for
participation in the exchange program established under subsection
(a).
(2) Criteria for selection.--The Under Secretary shall select
participants for the exchange program established under subsection
(a) from among mid-career employees and based on--
(A) the qualifications and desire to participate in the
program of the employee; and
(B) the technical needs and capacities of the acquisition
workforce, as applicable.
(d) Terms.--Exchanges pursuant to the exchange program established
under subsection (a) shall be for terms of one to two years, as
determined and negotiated by the Under Secretary. The terms may begin
and end on a rolling basis.
(e) Guidance and Implementation.--
(1) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary shall develop and submit
to the congressional defense committees interim guidance on the
form and contours of the exchange program established under
subsection (a).
(2) Implementation.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary shall implement the
guidance developed under paragraph (1).
SEC. 885. PROCESS TO LIMIT FOREIGN ACCESS TO TECHNOLOGY.
(a) Process and Procedures.--The Secretary of Defense shall develop
a process and procedures for limiting foreign access to technology
through contracts, grants, cooperative agreements, or other
transactions, when such limitation is in the interest of national
security.
(b) Report.--Not later than September 1, 2019, the Secretary shall
submit to the congressional defense committees a report on the process
and procedures developed pursuant to subsection (a). The report shall
include the following elements:
(1) An assessment of the Department of Defense's ability
through existing authorities to limit foreign access to technology
through contracts, grants, cooperative agreements, or other
transactions.
(2) An assessment of the Department's need to implement a
process to limit foreign access to technology.
(3) Recommendations for penalties for violations of access,
including intellectual property forfeiture.
(c) Considerations.--The process and procedures developed under
subsection (a) shall be consistent with all existing law, including
laws relating to trade agreements, individual protections, export
controls, and the National Technology and Industrial Base (NTIB).
SEC. 886. PROCUREMENT OF TELECOMMUNICATIONS SUPPLIES FOR
EXPERIMENTAL PURPOSES.
Section 2373(a) of title 10, United States Code, is amended by
inserting ``telecommunications,'' after ``space-flight,''.
SEC. 887. ACCESS BY DEVELOPMENTAL AND OPERATIONAL TESTING
ACTIVITIES TO DATA REGARDING MODELING AND SIMULATION ACTIVITY.
(a) In General.--Section 139(e) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(4) The Director shall have prompt access to all data regarding
modeling and simulation activity proposed to be used by military
departments and defense agencies in support of operational or live fire
test and evaluation of military capabilities. This access shall include
data associated with verification, validation, and accreditation
activities.''.
(b) Additional Testing Data.--Developmental Test and Evaluation
activities under the leadership of the Under Secretary of Defense for
Research and Engineering and the Under Secretary of Defense for
Acquisition and Sustainment shall have prompt access to all data
regarding modeling and simulation activity proposed to be used by
military departments and defense agencies in support of developmental
test and evaluation of military capabilities. This access shall include
data associated with verification, validation, and accreditation
activities.
SEC. 888. INSTRUCTION ON PILOT PROGRAM REGARDING EMPLOYMENT OF
PERSONS WITH DISABILITIES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall update the Defense Federal
Acquisition Regulatory Supplement to include an instruction on the
pilot program regarding employment of persons with disabilities
authorized under section 853 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 2302 note).
SEC. 889. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT.
(a) Prohibition on Use or Procurement.--(1) The head of an
executive agency may not--
(A) procure or obtain or extend or renew a contract to procure
or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as
part of any system; or
(B) enter into a contract (or extend or renew a contract) with
an entity that uses any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology as
part of any system.
(2) Nothing in paragraph (1) shall be construed to--
(A) prohibit the head of an executive agency from procuring
with an entity to provide a service that connects to the facilities
of a third-party, such as backhaul, roaming, or interconnection
arrangements; or
(B) cover telecommunications equipment that cannot route or
redirect user data traffic or permit visibility into any user data
or packets that such equipment transmits or otherwise handles.
(b) Prohibition on Loan and Grant Funds.--(1) The head of an
executive agency may not obligate or expend loan or grant funds to
procure or obtain, extend or renew a contract to procure or obtain, or
enter into a contract (or extend or renew a contract) to procure or
obtain the equipment, services, or systems described in subsection (a).
(2) In implementing the prohibition in paragraph (1), heads of
executive agencies administering loan, grant, or subsidy programs,
including the heads of the Federal Communications Commission, the
Department of Agriculture, the Department of Homeland Security, the
Small Business Administration, and the Department of Commerce, shall
prioritize available funding and technical support to assist affected
businesses, institutions and organizations as is reasonably necessary
for those affected entities to transition from covered communications
equipment and services, to procure replacement equipment and services,
and to ensure that communications service to users and customers is
sustained.
(3) Nothing in this subsection shall be construed to--
(A) prohibit the head of an executive agency from procuring
with an entity to provide a service that connects to the facilities
of a third-party, such as backhaul, roaming, or interconnection
arrangements; or
(B) cover telecommunications equipment that cannot route or
redirect user data traffic or permit visibility into any user data
or packets that such equipment transmits or otherwise handles.
(c) Effective Dates.--The prohibition under subsection (a)(1)(A)
shall take effect one year after the date of the enactment of this Act,
and the prohibitions under subsections (a)(1)(B) and (b)(1) shall take
effect two years after the date of the enactment of this Act.
(d) Waiver Authority.--
(1) Executive agencies.--The head of an executive agency may,
on a one-time basis, waive the requirements under subsection (a)
with respect to an entity that requests such a waiver. The waiver
may be provided, for a period of not more than two years after the
effective dates described in subsection (c), if the entity seeking
the waiver--
(A) provides a compelling justification for the additional
time to implement the requirements under such subsection, as
determined by the head of the executive agency; and
(B) submits to the head of the executive agency, who shall
not later than 30 days thereafter submit to the appropriate
congressional committees, a full and complete laydown of the
presences of covered telecommunications or video surveillance
equipment or services in the entity's supply chain and a phase-
out plan to eliminate such covered telecommunications or video
surveillance equipment or services from the entity's systems.
(2) Director of national intelligence.--The Director of
National Intelligence may provide a waiver on a date later than the
effective dates described in subsection (c) if the Director
determines the waiver is in the national security interests of the
United States.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees''' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on Oversight and Government
Reform of the House of Representatives.
(2) Covered foreign country.--The term ``covered foreign
country'' means the People's Republic of China.
(3) Covered telecommunications equipment or services.--The term
``covered telecommunications equipment or services'' means any of
the following:
(A) Telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
(B) For the purpose of public safety, security of
government facilities, physical security surveillance of
critical infrastructure, and other national security purposes,
video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any
subsidiary or affiliate of such entities).
(C) Telecommunications or video surveillance services
provided by such entities or using such equipment.
(D) Telecommunications or video surveillance equipment or
services produced or provided by an entity that the Secretary
of Defense, in consultation with the Director of the National
Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a
covered foreign country.
(4) Executive agency.--The term ``executive agency'' has the
meaning given the term in section 133 of title 41, United States
Code.
SEC. 890. PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING
PROCESSES.
(a) In General.--The Secretary of Defense shall establish a pilot
program to reform and accelerate the contracting and pricing processes
associated with contracts in excess of $50,000,000 by--
(1) basing price reasonableness determinations on actual cost
and pricing data for purchases of the same or similar products for
the Department of Defense; and
(2) reducing the cost and pricing data to be submitted in
accordance with section 2306a of title 10, United States Code.
(b) Limitation.--The pilot program authorized under subsection (a)
may include no more than ten contracts, and none of the selected
contracts may be part of a major defense acquisition program (as that
term is defined under section 2430 of title 10, United States Code).
(c) Report.--Not later than January 30, 2021, the Secretary of
Defense shall submit to the congressional defense committees a report
on the results of the pilot program authorized under subsection (a) and
an assessment of whether the program should be continued or expanded.
(d) Sunset.--The authority to carry out the pilot program under
this section shall expire on January 2, 2021.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Report on allocation of former responsibilities of the Under
Secretary of Defense for Acquisition, Technology, and
Logistics.
Sec. 902. Modification of responsibilities of the Under Secretary of
Defense for Policy.
Sec. 903. Clarification of responsibilities and duties of the Chief
Information Officer of the Department of Defense.
Sec. 904. Technical corrections to Department of Defense Test Resource
Management Center authority.
Sec. 905. Specification of certain duties of the Defense Technical
Information Center.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 911. Comprehensive review of operational and administrative chains-
of-command and functions of the Department of the Navy.
Sec. 912. Modification of certain responsibilities of the Chairman of
the Joint Chiefs of Staff relating to joint force concept
development.
Sec. 913. Clarification of certain risk assessment requirements of the
Chairman of the Joint Chiefs of Staff in connection with the
National Military Strategy.
Sec. 914. Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict review of United States Special Operations
Command.
Sec. 915. Expansion of principal duties of Assistant Secretary of the
Navy for Research, Development, and Acquisition.
Sec. 916. Qualifications for appointment as Deputy Chief Management
Officer of a military department.
Sec. 917. Deadline for completion of full implementation of requirements
in connection with organization of the Department of Defense
for management of special operations forces and special
operations.
Sec. 918. Cross-functional teams in the Department of Defense.
Sec. 919. Limitation on transfer of the Chemical, Biological, and
Radiological Defense Division of the Navy.
Subtitle C--Comprehensive Pentagon Bureaucracy Reform and Reduction
Sec. 921. Authorities and responsibilities of the Chief Management
Officer of the Department of Defense.
Sec. 922. Analysis of Department of Defense business management and
operations datasets to promote savings and efficiencies.
Sec. 923. Periodic review of the Defense Agencies and Department of
Defense Field Activities by the Chief Management Officer of
the Department of Defense.
Sec. 924. Actions to increase the efficiency and transparency of the
Defense Logistics Agency.
Sec. 925. Review of functions of Defense Contract Audit Agency and
Defense Contract Management Agency.
Sec. 926. Review and improvement of the operations of the Defense
Finance and Accounting Service.
Sec. 927. Assessment of chief information officer functions in
connection with transition to enterprise-wide management of
information technology and computing.
Sec. 928. Comptroller General of the United States report on cross-
enterprise activities of the Inspectors General of the
Department of Defense.
Sec. 929. General provisions.
Subtitle D--Other Department of Defense Organization and Management
Matters
Sec. 931. Limitation on availability of funds for major headquarters
activities of the Department of Defense.
Sec. 932. John S. McCain Strategic Defense Fellows Program.
Sec. 933. Performance of civilian functions by military personnel.
Sec. 934. Report on implementation of requirements on estimation and
comparison of costs of civilian and military manpower and
contract support for the Department of Defense.
Sec. 935. Review of foreign currency exchange rates and analysis of
Foreign Currency Fluctuations, Defense appropriation.
Sec. 936. Responsibility for policy on civilian casualty matters.
Sec. 937. Additional matters in connection with background and security
investigations for Department of Defense personnel.
Sec. 938. Research and development to advance capabilities of the
Department of Defense in data integration and advanced
analytics in connection with personnel security.
Subtitle E--Other Matters
Sec. 941. Trusted information provider program for national security
positions and positions of trust.
Sec. 942. Report on expedited processing of security clearances for
mission-critical positions.
Sec. 943. Report on clearance in person concept.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. REPORT ON ALLOCATION OF FORMER RESPONSIBILITIES OF THE
UNDER SECRETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, AND
LOGISTICS.
Not later than March 1, 2019, 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 following:
(1) A list of each provision of law, whether within or outside
title 10, United States Code, in force as of the date of the report
that, as of that date, assigns a duty, responsibility, or other
requirement to the Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(2) For each duty, responsibility, or other requirement
specified in a provision of law listed pursuant to paragraph (1),
the allocation of such duty, responsibility, or requirement within
the Department of Defense, including--
(A) solely to the Under Secretary of Defense for Research
and Engineering;
(B) solely to the Under Secretary of Defense for
Acquisition and Sustainment;
(C) on a shared basis between the Under Secretary of
Defense for Research and Engineering and the Under Secretary of
Defense for Acquisition and Sustainment;
(D) solely to another official or organization of the
Department;
(E) on a shared basis between other officials and
organizations of the Department; or
(F) not allocated.
SEC. 902. MODIFICATION OF RESPONSIBILITIES OF THE UNDER SECRETARY
OF DEFENSE FOR POLICY.
(a) General Responsibilities.--Paragraph (2) of section 134(b) of
title 10, United States Code, is amended to read as follows:
``(2) Subject to the authority, direction, and control of the
Secretary of Defense, the Under Secretary shall be responsible and have
overall direction and supervision for--
``(A) the development, implementation, and integration across
the Department of Defense of the National Defense Strategy (as
described by section 113 of this title) and strategic policy
guidance for the activities of the Department of Defense across all
geographic regions and military functions and domains;
``(B) the integration of the activities of the Department into
the National Security Strategy of the United States;
``(C) the development of policy guidance for the preparation of
campaign and contingency plans by the combatant commands, and for
the review of such plans;
``(D) the preparation of policy guidance for the development of
the global force posture; and
``(E) the development of the Defense Planning Guidance that
guides the formulation of program and budget requests by the
military departments and other elements of the Department.''.
(b) Responsibilities in Connection With Joint Force Capabilities
and Readiness.--Such section is further amended by adding at the end
the following new paragraph:
``(5) Subject to the authority, direction, and control of the
Secretary of Defense, the Under Secretary shall coordinate with the
Chairman of the Joint Chiefs of Staff and the Director of Cost
Assessment and Program Evaluation to--
``(A) develop planning scenarios that describe the present and
future strategic and operational environments by which to assess
joint force capabilities and readiness; and
``(B) develop specific objectives that the joint force should
be ready to achieve, and conduct assessments of the capability (in
terms of both capacity and readiness) of the joint force to achieve
such objectives.''.
SEC. 903. CLARIFICATION OF RESPONSIBILITIES AND DUTIES OF THE CHIEF
INFORMATION OFFICER OF THE DEPARTMENT OF DEFENSE.
Section 142(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (A), by inserting ``(other than with
respect to business systems and management)'' after ``sections
3506(a)(2)'';
(2) in subparagraph (B), by striking ``section 11315 of title
40'' and inserting ``sections 11315 and 11319 of title 40 (other
than with respect to business systems and management)''; and
(3) in subparagraph (C), by striking ``sections 2222, 2223(a),
and 2224 of this title'' and inserting ``sections 2223(a) (other
than with respect to business systems and management) and 2224 of
this title''.
SEC. 904. TECHNICAL CORRECTIONS TO DEPARTMENT OF DEFENSE TEST
RESOURCE MANAGEMENT CENTER AUTHORITY.
Section 196 of title 10, United States Code, is amended in
subsections (c)(1)(B) and (g) by striking ``Under Secretary of Defense
for Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Research and Engineering''.
SEC. 905. SPECIFICATION OF CERTAIN DUTIES OF THE DEFENSE TECHNICAL
INFORMATION CENTER.
(a) In General.--In addition to any other duties specified for the
Defense Technical Information Center by law, regulation, or Department
of Defense directive or instruction, the duties of the Center shall
include the following:
(1) To execute the Global Research Watch Program under section
2365 of title 10, United States Code.
(2) To develop and maintain datasets and other data
repositories on research and engineering activities being conducted
within the Department.
(b) Action Plan.--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 plan of action for the commencement by the Defense
Technical Information Center of the duties specified in subsection (a).
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
SEC. 911. COMPREHENSIVE REVIEW OF OPERATIONAL AND ADMINISTRATIVE
CHAINS-OF-COMMAND AND FUNCTIONS OF THE DEPARTMENT OF THE NAVY.
(a) In General.--The Secretary of the Navy shall conduct a
comprehensive review of the operational and administrative chains-of-
command and functions of the Department of the Navy.
(b) Elements.--In conducting the review required by subsection (a),
the Secretary shall consider options to do each of the following:
(1) Increase visibility of unit-level readiness at senior
levels.
(2) Reduce so-called ``double-hatting'' and ``triple-hatting''
commanders.
(3) Clarify organizations responsible and accountable for
training and certification at the unit, group, and fleet level.
(4) Simplify reporting requirements applicable to commanding
officers.
(c) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the results of the
review required by subsection (a). The report shall include the
following:
(A) The results of the review, including any findings of
the Secretary as a result of the review.
(B) Any organizational changes in operational or
administrative chains-of-command or functions of the Department
undertaken or to be undertaken by the Secretary in light of the
review.
(C) Any recommendations for legislative or administration
action with respect to the operational or administrative
chains-of-command or functions of the Department the Secretary
considers appropriate in light of the review.
(2) Form.--The report under this subsection shall be submitted
in unclassified form, but may include a classified annex.
SEC. 912. MODIFICATION OF CERTAIN RESPONSIBILITIES OF THE CHAIRMAN
OF THE JOINT CHIEFS OF STAFF RELATING TO JOINT FORCE CONCEPT
DEVELOPMENT.
Subparagraph (D) of section 153(a)(6) of title 10, United States
Code, is amended to read as follows:
``(D) formulating policies for development and
experimentation on both urgent and long-term concepts for joint
force employment, including establishment of a process within
the Joint Staff for analyzing and prioritizing gaps in
capabilities that could potentially be addressed by joint
concept development using existing or modified joint force
capabilities;''.
SEC. 913. CLARIFICATION OF CERTAIN RISK ASSESSMENT REQUIREMENTS OF
THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF IN CONNECTION WITH THE
NATIONAL MILITARY STRATEGY.
Section 153(b) of title 10, United States Code, is amended--
(1) in paragraph (1)(D)(iii), by striking ``military strategic
and operational risks'' and inserting ``military risk''; and
(2) in paragraph (2)(B)(ii), by striking ``military strategic
and operational risks to United States interests and the military
strategic and operational risks in executing the National Military
Strategy (or update)'' and inserting ``military strategic risks to
United States interests and military risks in executing the
National Military Strategy (or update)''.
SEC. 914. ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND
LOW INTENSITY CONFLICT REVIEW OF UNITED STATES SPECIAL OPERATIONS
COMMAND.
(a) Review Required.--The Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict shall, in coordination
with the Commander of the United States Special Operations Command,
conduct a comprehensive review of the United States Special Operations
Command for purposes of ensuring that the institutional and operational
capabilities of special operations forces are appropriate to counter
anticipated future threats across the spectrum of conflict.
(b) Scope of Review.--The review required by subsection (a) shall
include, at a minimum, the following:
(1) An assessment of the adequacy of special operations forces
doctrine, organization, training, materiel, education, personnel,
and facilities to implement the 2018 National Defense Strategy, and
recommendations, if any, for modifications for that purpose.
(2) An assessment of the roles and responsibilities of special
operations forces as assigned by law, Department of Defense
guidance, or other formal designation, and recommendations, if any,
for additions to or divestitures of such roles or responsibilities.
(3) An assessment of the adequacy of the processes through
which the United States Special Operations Command evaluates and
prioritizes the requirements at the geographic combatant commands
for special operations forces and special operations-unique
capabilities and makes recommendations on the allocation of special
operations forces and special operations-unique capabilities to
meet such requirements, and recommendations, if any, for
modifications of such processes.
(4) Any other matters the Assistant Secretary considers
appropriate.
(c) Deadlines.--
(1) Completion of review.--The review required by subsection
(a) shall be completed by not later than 270 days after the date of
the enactment of this Act.
(2) Report.--Not later than 30 days after completion of the
review, the Assistant Secretary shall submit to the congressional
defense committees a report on the review, including the findings
and any recommendations of the Assistant Secretary as a result of
the review.
SEC. 915. EXPANSION OF PRINCIPAL DUTIES OF ASSISTANT SECRETARY OF
THE NAVY FOR RESEARCH, DEVELOPMENT, AND ACQUISITION.
Section 5016(b)(4)(A) of title 10, United States Code, is amended
by striking ``and acquisition matters'' and inserting ``acquisition,
and sustainment (including maintenance) matters''.
SEC. 916. QUALIFICATIONS FOR APPOINTMENT AS DEPUTY CHIEF MANAGEMENT
OFFICER OF A MILITARY DEPARTMENT.
(a) Department of the Army.--An individual may not be appointed as
Deputy Chief Management Officer of the Department of the Army unless
the individual--
(1) has significant experience in business operations or
management in the public sector; or
(2) has significant experience managing an enterprise in the
private sector.
(b) Department of the Navy.--An individual may not be appointed as
Deputy Chief Management Officer of the Department of the Navy unless
the individual--
(1) has significant experience in business operations or
management in the public sector; or
(2) has significant experience managing an enterprise in the
private sector.
(c) Department of the Air Force.--An individual may not be
appointed as Deputy Chief Management Officer of the Department of the
Air Force unless the individual--
(1) has significant experience in business operations or
management in the public sector; or
(2) has significant experience managing an enterprise in the
private sector.
SEC. 917. DEADLINE FOR COMPLETION OF FULL IMPLEMENTATION OF
REQUIREMENTS IN CONNECTION WITH ORGANIZATION OF THE DEPARTMENT OF
DEFENSE FOR MANAGEMENT OF SPECIAL OPERATIONS FORCES AND SPECIAL
OPERATIONS.
The Secretary of Defense shall ensure that 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 is fully complete by not later than 90 days after the date
of the enactment of this Act.
SEC. 918. CROSS-FUNCTIONAL TEAMS IN THE DEPARTMENT OF DEFENSE.
(a) Cross-functional Team on Electronic Warfare.--
(1) In general.--Among the cross-functional teams established
by the Secretary of Defense pursuant to subsection (c) of section
911 of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2345; 10 U.S.C. 111 note) in support
of the organizational strategy for the Department of Defense
required by subsection (a) of that section, the Secretary shall
establish a cross-functional team on electronic warfare.
(2) Establishment and activities.--The cross-functional team
established pursuant to paragraph (1) shall be established in
accordance with subsection (c) of section 911 of the National
Defense Authorization Act for Fiscal Year 2017, and shall be
governed in its activities in accordance with the provisions of
such subsection (c).
(3) Deadline for establishment.--The cross-functional team
required by paragraph (1) shall be established by not later than 90
days after the date of the enactment of this Act.
(b) Additional Cross-functional Teams Matters.--
(1) Criteria for distinguishing among cross-functional teams.--
Not later than 60 days after the date of the enactment of this Act,
the Secretary shall issue criteria that distinguish cross-
functional teams under section 911 of the National Defense
Authorization Act for Fiscal Year 2017 from other types of cross-
functional working groups, committees, integrated product teams,
and task forces of the Department.
(2) Primary responsibility for implementation of teams.--The
Deputy Secretary of Defense shall establish or designate an office
within the Department that shall have primary responsibility for
implementing section 911 of the National Defense Authorization Act
for Fiscal Year 2017.
SEC. 919. LIMITATION ON TRANSFER OF THE CHEMICAL, BIOLOGICAL, AND
RADIOLOGICAL DEFENSE DIVISION OF THE NAVY.
(a) Report Required.--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 the following:
(1) A detailed timeline for the proposed transfer of the
Chemical, Biological, and Radiological Defense Division of the Navy
from Virginia to another location.
(2) A full accounting of the costs associated with the proposed
transfer, including--
(A) all personnel costs;
(B) all equipment costs; and
(C) all facility renovation costs for the existing
facilities of the Division and the facilities to which the
Division is proposed to be transferred.
(3) A risk assessment of the operational impact of the transfer
during the transition period.
(4) An explanation of the operational benefit expected to be
achieved by collocating all Chemical, Biological, and Radiological
elements of the Department of the Navy.
(b) Limitation.--The Secretary may not transfer, or prepare to
transfer, the Chemical, Biological, and Radiological Defense Division
of the Navy from Dahlgren, Virginia, to another location until a period
of 45 days has elapsed following the date on which the report is
submitted to the congressional defense committees under subsection (a).
Subtitle C--Comprehensive Pentagon Bureaucracy Reform and Reduction
SEC. 921. AUTHORITIES AND RESPONSIBILITIES OF THE CHIEF MANAGEMENT
OFFICER OF THE DEPARTMENT OF DEFENSE.
(a) Authorities and Responsibilities.--
(1) In general.--Subsection (b) of section 132a of title 10,
United States Code, is amended by adding at the end the following
new paragraph:
``(7) Serving as the official with principal responsibility in
the Department for minimizing the duplication of efforts,
maximizing efficiency and effectiveness, and establishing metrics
for performance among and for all organizations and elements of the
Department.''.
(2) Budget authority.--
(A) In general.--Such section is further amended--
(i) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(ii) by inserting after subsection (b) the following
new subsection (c):
``(c) Budget Authority.--(1)(A) Beginning in fiscal year 2020, the
Secretary of Defense, acting through the Under Secretary of Defense
(Comptroller), shall require the head of each Defense Agency and
Department of Defense Field Activity specified by the Secretary for
purposes of this subsection to transmit the proposed budget of such
Agency or Activity for enterprise business operations 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 Management Officer for review under subparagraph (B)
at the same time the proposed budget is submitted to the Under
Secretary of Defense (Comptroller).
``(B) The Chief Management 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 a report containing the
comments of the Chief Management Officer with respect to all such
proposed budgets, together with the certification of the Chief
Management Officer regarding whether each such proposed budget achieves
the required level of efficiency and effectiveness for enterprise
business operations, consistent with guidance for budget review
established by the Chief Management Officer.
``(C) Not later than March 31 each year, the Secretary shall submit
to Congress a report that includes the following:
``(i) Each proposed budget for the enterprise business
operations of a Defense Agency or Department of Defense Field
Activity that was transmitted to the Chief Management Officer under
subparagraph (A).
``(ii) Identification of each proposed budget contained in the
most recent report submitted under subparagraph (B) that the Chief
Management Officer did not certify as achieving the required level
of efficiency and effectiveness for enterprise business operations.
``(iii) A discussion of the actions that the Secretary proposes
to take, together with any recommended legislation that the
Secretary considers appropriate, to address inadequate levels of
efficiency and effectiveness for enterprise business operations
achieved by the proposed budgets identified in the report.
``(iv) Any additional comments that the Secretary considers
appropriate regarding inadequate levels of efficiency and
effectiveness for enterprise business operations achieved by the
proposed budgets.
``(2) Nothing in this subsection shall be construed to modify or
interfere with the budget-related responsibilities of the Director of
National Intelligence.''.
(B) Execution of authority.--In order to execute the
authority in subsection (c) of section 132a of title 10, United
States Code (as amended by subparagraph (A)), the Chief
Management Officer of the Department of Defense shall do the
following:
(i) By April 1, 2019, develop an assessment of cost and
expertise requirements to execute such authority.
(ii) By September 1, 2019, develop guidance for Defense
Agencies and Department of Defense Field Activities to
delineate spending on enterprise business operations and
develop a process to determine the adequacy of their
budgets for such operations.
(b) Reform of Business Enterprise Operations in Support of Certain
Activities Across Department of Defense.--
(1) Periodic reform.--
(A) In general.--Not later than January 1, 2020, and not
less frequently than once every five years thereafter, the
Secretary of Defense shall, acting through the Chief Management
Officer of the Department of Defense, reform enterprise
business operations of the Department of Defense, through
reductions, eliminations, or improvements, across all
organizations and elements of the Department with respect to
covered activities in order to increase effectiveness and
efficiency of mission execution.
(B) CMO reports.--Not later than January 1 of every fifth
calendar year beginning with January 1, 2025, the Chief
Management Officer shall submit to the congressional defense
committees a report that describes the activities carried out
by the Chief Management Officer under this subsection during
the preceding five years, including an estimate of any cost
savings achieved as a result of such activities.
(2) Covered activities defined.--In this subsection, the term
``covered activities'' means any activity relating to civilian
resources management, logistics management, services contracting,
or real estate management.
(3) Reporting framework.--Not later than January 1, 2020, the
Chief Management Officer shall establish a consistent reporting
framework to establish a baseline for the costs to perform all
covered activities, and shall submit to Congress a report that, for
each individual covered activity performed in fiscal year 2019,
identifies the following:
(A) The component or components of the Department
responsible for performing such activity, and a business
process map of such activity, in fiscal year 2019.
(B) The number of the military, civilian, and contractor
personnel of the component or components of the Department who
performed such activity in that fiscal year.
(C) The manpower requirements for such activity as of that
fiscal year.
(D) The systems and other resources associated with such
activity as of that fiscal year.
(E) The cost in dollars of performing such activity in
fiscal year 2019.
(4) Initial plan.--Not later than February 1, 2019, the Chief
Management Officer shall submit to the congressional defense
committees a plan, schedule, and cost estimate for conducting the
reforms required under paragraph (1)(A).
(5) Certification of cost savings.--Not later than January 1,
2020, the Chief Management Officer shall certify to the
congressional defense committees that the savings and costs
incurred as a result of activities carried out under paragraph (1)
will achieve savings in fiscal year 2020 against the total amount
obligated and expended for covered activities in fiscal year 2019
of--
(A) not less than 25 percent of the cost in dollars of
performing covered activities in fiscal year 2019 as specified
pursuant to paragraph (3)(E); or
(B) if the Chief Management Officer determines that
achievement of savings of 25 percent or more will create
overall inefficiencies for the Department, notice and
justification will be submitted to the congressional defense
committees specifying a lesser percentage of savings that the
Chief Management Officer determines to be necessary to achieve
efficiencies in the delivery of covered activities, which
notice and justification shall be submitted by not later than
October 1, 2019, together with a description of the
efficiencies to be achieved.
(6) Comptroller general reports.--The Comptroller General of
the United States shall submit to the congressional defense
committees the following:
(A) Not later than 90 days after the submittal of the plan
under paragraph (4), a report that verifies whether the plan is
feasible.
(B) Not later than 270 days after the date of enactment of
this Act, a report setting forth an assessment of the actions
taken under paragraph (1)(A) since the date of the enactment of
this Act.
(C) Not later than 270 days after the submittal of the
reporting framework under paragraph (3), a report that verifies
whether the baseline established in the framework is accurate.
(D) Not later than 270 days after the submittal of the
report under paragraph (5), a report that verifies--
(i) whether the activities described in the report were
carried out; and
(ii) whether any cost savings estimated in the report
are accurate.
SEC. 922. ANALYSIS OF DEPARTMENT OF DEFENSE BUSINESS MANAGEMENT AND
OPERATIONS DATASETS TO PROMOTE SAVINGS AND EFFICIENCIES.
(a) In General.--The Chief Management Officer of the Department of
Defense shall develop a policy on analysis of Department of Defense
datasets on business management and business operations by the public
for purposes of accessing data analysis capabilities that would promote
savings and efficiencies and otherwise enhance the utility of such
datasets to the Department.
(b) Initial Discharge of Policy.--
(1) In general.--The Chief Management Officer shall commence
the discharge of the policy required pursuant to subsection (a)
by--
(A) identifying one or more matters--
(i) that are of significance to the Department of
Defense;
(ii) that are currently unresolved; and
(iii) whose resolution from a business management or
business operations dataset of the Department could benefit
from a method or technique of analysis not currently
familiar to the Department;
(B) identifying between three and five business management
or business operations datasets of the Department not currently
available to the public whose evaluation could result in novel
data analysis solutions toward management or operations
problems of the Department identified by the Chief Management
Officer; and
(C) encouraging, whether by competition or other
mechanisms, the evaluation of the datasets described in
subparagraph (B) by appropriate persons and entities in the
public or private sector (including academia).
(2) Protection of security and confidentiality.--In providing
for the evaluation of datasets pursuant to this subsection, the
Chief Management Officer shall take appropriate actions to protect
the security and confidentiality of any information contained in
the datasets, including through special precautions to ensure that
any personally identifiable information is not included and no
release of information will adversely affect national security
missions.
SEC. 923. PERIODIC REVIEW OF THE DEFENSE AGENCIES AND DEPARTMENT OF
DEFENSE FIELD ACTIVITIES BY THE CHIEF MANAGEMENT OFFICER OF THE
DEPARTMENT OF DEFENSE.
(a) Periodic Review.--Subsection (c) of section 192 of title 10,
United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting before paragraph (3), as so redesignated, the
following new paragraphs:
``(1)(A) Not later than January 1, 2020, and periodically (but not
less frequently than every four years) thereafter, the Chief Management
Officer of the Department of Defense shall conduct a review of the
efficiency and effectiveness of each Defense Agency and Department of
Defense Field Activity. Each review shall, to the maximum extent
practicable, be conducted in coordination with other ongoing efforts in
connection with business enterprise reform.
``(B) As part of each review under this paragraph, the Chief
Management Officer shall identify each activity of an Agency or
Activity that is substantially similar to, or duplicative of, an
activity carried out by another organization or element of the
Department of Defense, or is not being performed to an adequate level
to meet Department needs.
``(C) For purposes of conducting reviews under this paragraph, the
Chief Management Officer shall develop internal guidance that defines
requirements for such reviews and provides clear direction for
conducting and recording the results of reviews.
``(2)(A) Not later than 90 days after the completion of a review
under paragraph (1), the Chief Management Officer shall submit to the
congressional defense committees a report that sets forth the results
of the review.
``(B) The report on a review under this paragraph shall, based on
the results of the review, include the following:
``(i) A list of each Defense Agency and Department of Defense
Field Activity that the Chief Management Officer has determined--
``(I) operates efficiently and effectively; and
``(II) does not carry out any function that is
substantially similar to, or duplicative of, a function carried
out by another organization or element of the Department of
Defense.
``(ii) With respect to each Agency or Activity not included on
the list under clause (i), a plan, aimed at better meeting
Department needs, for--
``(I) rationalizing the functions within such Agency or
Activity; or
``(II) transferring some or all of the functions of such
Agency or Activity to another organization or element of the
Department.
``(iii) Recommendations for functions, if any, currently
conducted separately by the military departments that should be
consolidated into an Agency or Activity.''.
(b) Repeal of Special Rule for Defense Business Transformation
Agency.--Such section is further amended by striking subsection (e).
(c) Limitation on Termination.--Such section is further amended by
adding at the end the following new subsection (e):
``(e) Limitation on Termination.--The Secretary of Defense may not
terminate a Defense Agency or Department of Defense Field Activity
until 30 days after the date on which the Secretary submits to the
congressional defense committees a report setting forth the following:
``(1) Notice of the intent of the Secretary to terminate the
Agency or Activity.
``(2) Such recommendations for legislative action as the
Secretary considers appropriate in connection with the termination
of the Agency or Activity.''.
SEC. 924. ACTIONS TO INCREASE THE EFFICIENCY AND TRANSPARENCY OF
THE DEFENSE LOGISTICS AGENCY.
(a) System and Capability.--Not later than January 1, 2020, the
Director of the Defense Logistics Agency and the Chief Management
Officer of the Department of Defense shall jointly, in consultation
with the customers served by the Agency, develop and implement--
(1) a comprehensive system that enables customers of the Agency
to view--
(A) the inventory of items and materials available to
customers from the Agency; and
(B) the delivery status of items and materials that are in
transit to customers; and
(2) a predictive analytics capability designed to increase the
efficiency of the system described in paragraph (1) by identifying
emerging customer needs with respect to items and materials
supplied by the Agency, including any emerging needs arising from
the use of new weapon systems by customers.
(b) Actions to Increase Efficiency.--Not later than January 1,
2020, the Director and the Chief Management Officer shall jointly--
(1) develop a plan to reduce the rates charged by the Agency to
customers, in aggregate--
(A) by not less than 10 percent; or
(B) if the Chief Management Officer determines that a
reduction of rates in aggregate of 10 percent or more will
create overall inefficiencies for the Department, by such
percentage less than 10 percent as the Chief Management Officer
considers appropriate to avoid such inefficiencies, but only
after notifying the congressional defense committees of such
lesser percentage in reduction of rates pursuant to this
subparagraph;
(2) eliminate the duplication of services within the Agency;
and
(3) establish specific goals and metrics to ensure that the
Agency is fulfilling its mission of providing items and materials
to customers with sufficient speed and in sufficient quantities to
ensure the lethality and readiness of warfighters.
(c) Plan Required.--Not later than February 1, 2019, the Director
and the Chief Management Officer shall jointly submit to the
congressional defense committees a plan that describes how the Director
and the Chief Management Officer will achieve compliance with the
requirements of subsections (a) and (b).
SEC. 925. REVIEW OF FUNCTIONS OF DEFENSE CONTRACT AUDIT AGENCY AND
DEFENSE CONTRACT MANAGEMENT AGENCY.
(a) Review.--The Secretary of Defense shall, acting through the
Chief Management Officer of the Department of Defense, direct the Under
Secretary of Defense for Acquisition and Sustainment and the Under
Secretary of Defense (Comptroller) to conduct a joint review of the
functions of the Defense Contract Audit Agency and the Defense Contract
Management Agency. The review shall include the following:
(1) A validation of the missions and functions of each Agency.
(2) An assessment of the effectiveness of each Agency in
performing designated functions, including identification and
analysis of qualitative and quantitative metrics of performance.
(3) An assessment of the adequacy of the resources,
authorities, workforce training, and size of each Agency to perform
designated functions.
(4) An assessment of cost savings or avoidance attributable to
the conduct of the activities of each Agency.
(5) A determination whether functions performed by either
Agency could be performed more appropriately and effectively by any
combination of the following:
(A) The other Agency.
(B) Any other organization or element of the Department of
Defense, including the military departments.
(C) Commercial providers.
(6) A validation of the continued need for two separate
Agencies with oversight for defense contracting.
(b) Report.--Not later than March 1, 2020, the Secretary of Defense
shall submit to the congressional defense committees a report that sets
forth the results of the review conducted under subsection (a).
SEC. 926. REVIEW AND IMPROVEMENT OF THE OPERATIONS OF THE DEFENSE
FINANCE AND ACCOUNTING SERVICE.
(a) In General.--Not later than March 1, 2020, the Chief Management
Officer of the Department of Defense and the Under Secretary of Defense
(Comptroller) shall conduct a joint review of the activities of the
Defense Finance and Accounting Service. The review shall include the
following:
(1) A validation of the missions and functions of the Service.
(2) An assessment of the effectiveness of the Service in
performing designated functions, including identification and
analysis of qualitative and quantitative metrics of performance.
(3) An assessment of the resources, authorities, workforce
training, and size of the Service to perform designated functions.
(4) An assessment of changes required to the mission and
activities of the Service based on the availability and application
of current and potential future information technology
capabilities.
(5) A determination whether any functions currently performed
by the Service could be performed more appropriately and
effectively by any combination of the following:
(A) Any other organization or element of the Department of
Defense, including the military departments.
(B) Commercial providers.
(6) A determination whether any functions currently performed
by other organizations or elements of the Department could be
consolidated within the Service in order to promote effectiveness
and reduce duplicative effort.
(b) Report.--Not later than March 1, 2020, the Secretary of Defense
shall submit to the congressional defense committees a report setting
forth the results of the review conducted under subsection (a).
SEC. 927. ASSESSMENT OF CHIEF INFORMATION OFFICER FUNCTIONS IN
CONNECTION WITH TRANSITION TO ENTERPRISE-WIDE MANAGEMENT OF
INFORMATION TECHNOLOGY AND COMPUTING.
(a) Assessment Required.--The Chief Information Officer of the
Department of Defense shall, in conjunction with the Chief Management
Officer of the Department of Defense, conduct an assessment of chief
information officer functions in the Department of Defense with a view
toward the rationalization of such functions across the Defense
Agencies and Department of Defense Field Activities in a manner
consistent with the plans of the Department for a transition to
enterprise-wide management of information technology (IT) networks and
computing.
(b) Elements.--The assessment conducted pursuant to subsection (a)
shall result in the following:
(1) A determination of the number, duties and responsibilities,
and grades of personnel performing management and oversight of
information technology activities.
(2) Recommendations for the role the Chief Information Officer
in managing the information technology workforce in the Office of
the Secretary of Defense, and for selecting and approving personnel
for the information technology workforces of the military
departments, Defense Agencies, and Department of Defense Field
Activities.
(c) Report Required.--Not later than February 1, 2019, the Chief
Information Officer and the Chief Management Officer shall jointly
submit to the congressional defense committees a report that sets forth
a description of the results of the assessment conducted pursuant to
subsection (a), including a description of any actions proposed as a
result of the assessment to achieve enterprise-wide efficiencies in the
management of information technology networks and computing.
(d) Plan Required.--Not later than January 1, 2020, the Chief
Information Officer and the Chief Management Officer shall jointly
submit to the congressional defense committees a report setting forth a
plan to carry out the proposed actions described in subsection (c).
SEC. 928. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON CROSS-
ENTERPRISE ACTIVITIES OF THE INSPECTORS GENERAL OF THE DEPARTMENT
OF DEFENSE.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on cross-enterprise activities of the
Inspectors General of the organizations and elements of the Department
of Defense, including public affairs, human resources, services
contracting, other contracting, and any other cross-enterprise
activities of the Inspectors General the Comptroller General considers
appropriate for purposes of the report.
(b) Elements.--The report under subsection (a) shall identify with
respect to the activities referred to in that subsection the following:
(1) Opportunities to maximize efficiency.
(2) Opportunities to minimize duplication of effort, including
through reduction or elimination of duplicative functions.
(3) Any other matters the Comptroller General considers
appropriate.
SEC. 929. GENERAL PROVISIONS.
(a) Consolidated Report.--The plans and reports required to be
submitted to the congressional defense committees under this subtitle
on or before March 1, 2020, may be combined and submitted in the form
of a single, consolidated document.
(b) Definitions.--In this subtitle, the terms ``Defense Agency'',
``Department of Defense Field Activity'', and ``military departments''
have the meanings given the terms in section 101(a) of title 10, United
States Code.
Subtitle D--Other Department of Defense Organization and Management
Matters
SEC. 931. LIMITATION ON AVAILABILITY OF FUNDS FOR MAJOR
HEADQUARTERS ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) Certification on Average Amounts Expended on Major Headquarters
Activities.--Not later than February 1, 2019, the Under Secretary of
Defense (Comptroller) shall submit to the congressional defense
committees a report that certifies each of the following percentages in
connection with amounts expended on major headquarters activities:
(1) The average percentage of the amount authorized to be
appropriated for the Department of Defense per fiscal year, during
the 10 fiscal years ending with fiscal year 2018, that has been
expended on major headquarters activities.
(2) The average percentage of the amount authorized to be
appropriated for the Department of Defense per fiscal year, during
the 10 fiscal years ending with fiscal year 2018, that has been
expended on major headquarters activities of the Office of the
Secretary of Defense.
(3) The average percentage of the amount authorized to be
appropriated for each military department per fiscal year, during
the 10 fiscal years ending with fiscal year 2018, that has been
expended on major headquarters activities of such military
department.
(4) The average percentage of the amount authorized to be
appropriated for the Department of Defense per fiscal year, during
the 10 fiscal years ending with fiscal year 2018, and available for
the combatant commands that has been spent on major headquarters
activities of the combatant commands.
(b) Overall Limitation.--In fiscal year 2021, the aggregate amount
that may be obligated and expended on major headquarters activities may
not exceed an amount equal to the percentage specified in subsection
(a)(1) of the amount authorized to be appropriated for the Department
of Defense for that fiscal year.
(c) Limitation for Particular Activities.--Within the amount
available for fiscal year 2021 pursuant to subsection (b), amounts
shall be available as follows:
(1) For major headquarters activities of the Office of the
Secretary of Defense, not more than an amount equal to the
percentage specified in subsection (a)(2) of the amount authorized
to be appropriated for the Department of Defense for fiscal year
2021.
(2) For major headquarters activities of each military
department, not more than an amount equal to the percentage
specified in subsection (a)(3) with respect to such military
department of the amount authorized to be appropriated for such
military department for fiscal year 2021.
(3) For major headquarters activities of the combatant
commands, not more than an amount equal to the percentage specified
in subsection (a)(4) of the amount authorized to be appropriated
for the Department of Defense for fiscal year 2021 and available
for the combatant commands.
(d) Definitions.--In this section:
(1) The term ``major headquarters activities'' has the meaning
given the term ``major Department of Defense headquarters
activities'' in section 346(b)(3) of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 111 note).
(2) The term ``major headquarters activities of a military
department'' means the following:
(A) In the case of the Army, the Office of the Secretary of
the Army and the Army Staff.
(B) In the case of the Navy, the Office of the Secretary of
the Navy, the Office of the Chief of Naval Operations, and
Headquarters, Marine Corps.
(C) In the case of the Air Force, the Office of the
Secretary of the Air Force and the Air Staff.
(3) The term ``Office of the Secretary of Defense'' includes
the Joint Staff.
SEC. 932. JOHN S. MCCAIN STRATEGIC DEFENSE FELLOWS PROGRAM.
(a) Fellowship Program.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall establish
within the Department of Defense a civilian fellowship program
designed to provide leadership development and the commencement of
a career track toward senior leadership in the Department.
(2) Designation.--The fellowship program shall be known as the
``John S. McCain Strategic Defense Fellows Program'' (in this
section referred to as the ``fellows program'').
(b) Eligibility.--An individual is eligible for participation in
the fellows program if the individual--
(1) is a citizen of the United States or a lawful permanent
resident of the United States in the year in which the individual
applies for participation in the fellows program; and
(2) either--
(A) possesses a graduate degree from an accredited
institution of higher education in the United States that was
awarded not later than two years before the date of the
acceptance of the individual into the fellows program; or
(B) will be awarded a graduate degree from an accredited
institution of higher education in the United States not later
than six months after the date of the acceptance of the
individual into the fellows program.
(c) Application.--
(1) Application required.--Each individual seeking to
participate in the fellows program shall submit to the Secretary of
Defense an application therefor at such time and in such manner as
the Secretary shall specify.
(2) Elements.--Each application of an individual under this
subsection shall include the following:
(A) Transcripts of educational achievement at the
undergraduate and graduate level.
(B) A resume.
(C) Proof of citizenship or lawful permanent residence.
(D) An endorsement from the applicant's graduate
institution of higher education.
(E) An academic writing sample.
(F) Letters of recommendation addressing the applicant's
character, academic ability, and any extracurricular
activities.
(G) A personal statement by the applicant explaining career
areas of interest and motivations for service in the
Department.
(H) Such other information as the Secretary considers
appropriate.
(d) Selection.--
(1) In general.--Each year, the Secretary of Defense shall
select participants in the fellows program from among applicants
for the fellows program for such year who qualify for participation
in the fellows program based on character, commitment to public
service, academic achievement, extracurricular activities, and such
other qualifications for participation in the fellows program as
the Secretary considers appropriate.
(2) Number.--The number of individuals selected to participate
in the fellows program in any year may not exceed the numbers as
follows:
(A) Ten individuals from each geographic region of the
United States as follows:
(i) The Northeast.
(ii) The Southeast.
(iii) The Midwest.
(iv) The Southwest.
(v) The West.
(B) Ten additional individuals.
(3) Background investigation.--An individual selected to
participate in the fellows program may not participate in the
program unless the individual successfully undergoes a background
investigation applicable to the position to which the individual
will be assigned under the fellows program and otherwise meets such
requirements applicable to assignment to a sensitive position
within the Department that the Secretary considers appropriate.
(e) Assignment.--
(1) In general.--Each individual who participates in the
fellows program shall be assigned to a position in one of the
following:
(A) The Office of the Secretary of Defense.
(B) An office of the Secretary of a military department.
(2) Position requirements.--Each Secretary of a military
department, and each Under Secretary of Defense and Director of a
Defense Agency who reports directly to the Secretary of Defense,
shall submit to the Secretary of Defense each year the
qualifications and skills to be demonstrated by participants in the
fellows program to qualify for assignment under this subsection for
service in a position of the office of such Secretary, Under
Secretary, or Director.
(3) Assignment to positions.--The Secretary of Defense shall
each year assign participants in the fellows program to positions
in the offices of the Secretaries of the military departments, and
the offices of the Under Secretaries and Directors described in
paragraph (2). In making such assignments, the Secretary of Defense
shall seek to best match the qualifications and skills of
participants in the fellows program with the requirements of
positions available for assignment. Each participant so assigned
shall serve as a special assistant to the Secretary, Under
Secretary, or Director to whom assigned.
(4) Limitation on number assignable to secretaries of military
departments.--The number of participants in the fellows program who
are assigned to the office of a Secretary of a military department
in any year may not exceed five participants.
(5) Term.--The term of each assignment under the fellows
program shall be one year.
(6) Pay and benefits.--An individual assigned to a position
under the fellows program shall be compensated at the rate of
compensation for employees at level GS-10 of the General Schedule,
and shall be treated as an employee of the United States during the
term of assignment, including for purposes of eligibility for
health care benefits and retirement benefits available to employees
of the United States.
(7) Education loan repayment.--To the extent that funds are
provided in advance in appropriations Acts, the Secretary of
Defense may repay any loan of a participant in the fellows program
if the loan is described by subparagraph (A), (B), or (C) of
section 16301(a)(1) of title 10, United States Code. Any repayment
of loans under this paragraph shall be on a first-come, first-
served basis.
(f) Career Development.--
(1) In general.--The Secretary of Defense shall ensure that
participants in the fellows program--
(A) receive opportunities and support appropriate for the
commencement of a career track within the Department leading
toward a future position of senior leadership within the
Department, including ongoing mentorship support through
appropriate personnel from entities within the Department such
as the Defense Business Board and the Defense Innovation Board;
and
(B) are provided appropriate opportunities for employment
and advancement within the Department upon successful
completion of the fellows program, including, if appropriate,
opportunities to work at Department installations or Field
Activities for between 12 and 24 months.
(2) Reservation of positions.--In carrying out paragraph
(1)(B), the Secretary shall reserve for participants who
successfully complete the fellows program not fewer than 30
positions in the excepted service within the Department that are
suitable for the commencement of a career track toward senior
leadership within the Department. Any position so reserved shall
not be subject to or covered by any reduction in headquarters
personnel required under any other provision of law.
(3) Noncompetitive appointment.--Upon the successful completion
of the assignment of a participant in the fellows program in a
position pursuant to subsection (e), the Secretary may, without
regard to the provisions of subchapter I of chapter 33 of title 5,
United States Code, appoint the participant to a position reserved
pursuant to paragraph (2) if the Secretary determines that such
appointment will contribute to the development of highly qualified
future senior leaders for the Department.
(4) Publication of selection.--The Secretary shall publish on
an Internet website of the Department available to the public the
names of the individuals selected to participate in the fellows
program.
(g) Outreach.--The Secretary of Defense shall undertake appropriate
outreach to inform potential participants in the fellows program of the
nature and benefits of participation in the fellows program.
(h) Regulations.--The Secretary of Defense shall carry out this
section in accordance with such regulations as the Secretary may
prescribe for purposes of this section.
(i) Funding.--Of the amounts authorized to be appropriated for each
fiscal year for the Department of Defense for operation and
maintenance, Defense-wide, $10,000,000 may be available to carry out
the fellows program in such fiscal year.
SEC. 933. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PERSONNEL.
Section 129a(g)(1)(A) of title 10, United States Code, is amended
by striking ``, including a permanent conversion'' and all that follows
through the semicolon and inserting ``is cost-effective, taking into
account the fully-burdened costs of the civilian, military, and
contractor workforces, including the impact of the performance of such
functions on military career progression or when required by military
necessity;''.
SEC. 934. REPORT ON IMPLEMENTATION OF REQUIREMENTS ON ESTIMATION
AND COMPARISON OF COSTS OF CIVILIAN AND MILITARY MANPOWER AND
CONTRACT SUPPORT FOR THE DEPARTMENT OF DEFENSE.
Not later than March 1, 2019, the Secretary of Defense shall submit
to the congressional defense committees a report on the implementation
of Department of Defense Instruction 7041.04. The report shall include
an assessment whether the Department of Defense is properly using
civilian personnel in its workforce in the most cost-efficient manner
when compared to its use of military and contractor personnel in its
workforce.
SEC. 935. REVIEW OF FOREIGN CURRENCY EXCHANGE RATES AND ANALYSIS OF
FOREIGN CURRENCY FLUCTUATIONS, DEFENSE APPROPRIATION.
(a) In General.--The Under Secretary of Defense (Comptroller)
shall, in coordination with the Comptrollers of the military
departments, conduct a review of the exchange rates for foreign
currency used when making a disbursement pursuant to any expenditure or
expense made by the Department of Defense in order to determine whether
cost-savings could be achieved through a more consistent selection of
cost-effective rates in the making of such disbursements. The review
shall include an analysis of realized and projected losses on foreign
currency exchange in order to determine an appropriate balance for the
``Foreign Currency Fluctuations, Defense'' account.
(b) Report.--Not later than January 31, 2019, the Under Secretary
shall submit to the congressional defense committees a report setting
forth a summary of the review conducted pursuant to subsection (a).
SEC. 936. RESPONSIBILITY FOR POLICY ON CIVILIAN CASUALTY MATTERS.
(a) Designation of Senior Civilian Official.--Not later than 90
days after the date of the enactment of this Act, the Under Secretary
of Defense for Policy shall designate a senior civilian official of the
Department of Defense within the Office of the Secretary of Defense at
or above the level of Assistant Secretary of Defense to develop,
coordinate, and oversee compliance with the policy of the Department
relating to civilian casualties resulting from United States military
operations.
(b) Responsibilities.--The senior civilian official designated
under subsection (a) shall ensure that the policy referred to in that
subsection provides for--
(1) uniform processes and standards across the combatant
commands for accurately recording kinetic strikes by the United
States military;
(2) the development and dissemination of best practices for
reducing the likelihood of civilian casualties from United States
military operations;
(3) the development of publicly available means, including an
Internet-based mechanism, for the submittal to the United States
Government of allegations of civilian casualties resulting from
United States military operations;
(4) uniform processes and standards across the combatant
commands for reviewing and investigating allegations of civilian
casualties resulting from United States military operations,
including the consideration of relevant information from all
available sources;
(5) uniform processes and standards across the combatant
commands for--
(A) acknowledging the responsibility of the United States
military for civilian casualties resulting from United States
military operations; and
(B) offering ex gratia payments to civilians who have been
injured, or to the families of civilians killed, as a result of
United States military operations, as determined to be
necessary by the designated senior civilian official;
(6) regular engagement with relevant intergovernmental and
nongovernmental organizations;
(7) public affairs guidance with respect to matters relating to
civilian casualties alleged or confirmed to have resulted from
United States military operations; and
(8) such other matters with respect to civilian casualties
resulting from United States military operations as the designated
senior civilian official considers appropriate.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the senior civilian official designated under
subsection (a) shall submit to the congressional defense committees a
report that describes--
(1) the policy developed by the senior civilian official under
that subsection; and
(2) the efforts of the Department to implement such policy.
SEC. 937. ADDITIONAL MATTERS IN CONNECTION WITH BACKGROUND AND
SECURITY INVESTIGATIONS FOR DEPARTMENT OF DEFENSE PERSONNEL.
Section 925(k)(3) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91) is amended--
(1) by redesignating subparagraphs (H) through (L) as
subparagraphs (I) through (M), respectively; and
(2) by inserting after subparagraph (G) the following new
subparagraph (H):
``(H) The number of denials or revocations of a security
clearance by each authorized adjudicative agency that occurred
separately from a periodic reinvestigation.''.
SEC. 938. RESEARCH AND DEVELOPMENT TO ADVANCE CAPABILITIES OF THE
DEPARTMENT OF DEFENSE IN DATA INTEGRATION AND ADVANCED ANALYTICS
IN CONNECTION WITH PERSONNEL SECURITY.
(a) Plan Required.--The Under Secretary of Defense for Intelligence
shall develop a plan on research and development activities to advance
the capabilities of the Department of Defense in data integration and
advanced analytics in connection with personnel security activities of
the Department. The plan shall, to the extent practicable, provide for
the leveraging of the capabilities of other government entities,
institutions of higher education, and private sector entities with
advanced, leading-edge expertise in data integration and analytics
applicable to the challenges faced by the Department in connection with
personnel security.
(b) Coordination.--Any activities under the plan may be carried out
in coordination with the Defense Digital Service and the Defense
Innovation Board.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary shall provide to the
appropriate committees of Congress a briefing on the plan.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the 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.
Subtitle E--Other Matters
SEC. 941. TRUSTED INFORMATION PROVIDER PROGRAM FOR NATIONAL
SECURITY POSITIONS AND POSITIONS OF TRUST.
(a) Program Required.--Not later than 90 days after the date of the
enactment of this Act, the Security Executive Agent and the
Suitability/Credentialing Executive Agent shall establish and implement
a program (to be known as the ``Trusted Information Provider Program'')
to share between and among agencies of the Federal Government and
industry partners of the Federal Government relevant background
information regarding individuals applying for and currently occupying
national security positions and positions of trust, in order to ensure
the Federal Government maintains a trusted workforce.
(b) Privacy Safeguards.--The Security Executive Agent and the
Suitability/Credentialing Executive Agent shall ensure that the program
required by subsection (a) includes such safeguards for privacy as the
Security Executive Agent and the Suitability/Credentialing Executive
Agent consider appropriate.
(c) Provision of Information to the Federal Government.--The
program required by subsection (a) shall include requirements that
enable Investigative Service Providers and agencies of the Federal
Government to leverage certain pre-employment information gathered
during the employment or military recruiting process, and other
relevant security or human resources information obtained during
employment with or for the Federal Government, that satisfy Federal
investigative standards, while safeguarding personnel privacy.
(d) Information and Records.--The information and records
considered under the program required by subsection (a) shall include
the following:
(1) Date and place of birth.
(2) Citizenship or immigration and naturalization information.
(3) Education records.
(4) Employment records.
(5) Employment or social references.
(6) Military service records.
(7) State and local law enforcement checks.
(8) Criminal history checks.
(9) Financial records or information.
(10) Foreign travel, relatives or associations.
(11) Social media checks.
(12) Any other information or records relevant to obtaining or
maintaining national security, suitability, fitness, or
credentialing eligibility.
(e) Implementation Plan.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Security Executive Agent and the
Suitability/Credentialing Executive Agent shall jointly submit to
Congress a plan for the implementation of the program required by
subsection (a).
(2) Elements.--The plan required by paragraph (1) shall include
the following:
(A) Mechanisms that address privacy, national security,
suitability or fitness, credentialing, and human resources or
military recruitment processes.
(B) Such recommendations for legislative or administrative
action as the Security Executive Agent and the Suitability/
Credentialing Executive Agent consider appropriate to carry out
or improve the program.
(f) Definitions.--In this section:
(1) The term ``Security Executive Agent'' means the Director of
National Intelligence acting as the Security Executive Agent in
accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50
U.S.C. 3161 note).
(2) The term ``Suitability/Credentialing Executive Agent''
means the Director of the Office of Personnel Management acting as
the Suitability/Credentialing Executive Agent in accordance with
Executive Order 13467.
SEC. 942. REPORT ON EXPEDITED PROCESSING OF SECURITY CLEARANCES FOR
MISSION-CRITICAL POSITIONS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Security Executive Agent shall submit to
Congress a report on the feasibility and advisability of, and existing
barriers to, programs for expedited processing of security clearances
for mission-critical positions, whether filled by Government or
contract employees.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) Recommendations for the establishment by Government
agencies of programs designed to prioritize processing of security
clearances among their Government and contract employees seeking
security clearances.
(2) Proposed timeliness for the implementation of programs
recommended pursuant to paragraph (1).
(3) Recommendations for legislative or administrative actions
to enable and improve programs of Government agencies for the
expedited processing of security clearances for mission-critical
positions.
(c) Security Executive Agent Defined.--In this section, the term
``Security Executive Agent'' means the Director of National
Intelligence acting as the Security Executive Agent in accordance with
Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note).
SEC. 943. REPORT ON CLEARANCE IN PERSON CONCEPT.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Security Executive Agent shall submit to the
appropriate committees of Congress a report on the requirements,
feasibility, and advisability of implementing a clearance in person
concept as described in subsection (b) for maintaining access to
classified information.
(b) Clearance in Person Concept.--
(1) In general.--Implementation of a clearance in person
concept as described in this subsection would permit an individual
who has been granted a national security clearance to maintain
eligibility for access to classified information, networks, and
facilities after the individual has separated from service to the
Federal Government or transferred to a position that no longer
requires access to classified information.
(2) Recognition as current.--The concept described in paragraph
(1) would also ensure that, unless otherwise directed by the
Security Executive Agent, the individual's security clearance would
be recognized as current, regardless of employment status, with no
further need for investigation or revalidation until the individual
obtains a position requiring access to classified information.
(c) Contents.--The report required by subsection (a) shall address
the following:
(1) Requirements for continuous vetting.
(2) Appropriate safeguards for privacy.
(3) An appropriate funding model.
(4) Fairness to small business concerns and independent
contractors.
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) The term ``Security Executive Agent'' means the Director of
National Intelligence acting as the Security Executive Agent in
accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50
U.S.C. 3161 note).
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Expertise in audit remediation.
Sec. 1003. Authority to transfer funds to Director of National
Intelligence for CAPNET.
Sec. 1004. Audit of financial systems of the Department of Defense.
Sec. 1005. Report on auditable financial statements.
Sec. 1006. Transparency of accounting firms used to support Department
of Defense audit.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Inclusion of operation and sustainment costs in annual naval
vessel construction plans.
Sec. 1012. Purchase of vessels using funds in National Defense Sealift
Fund.
Sec. 1013. Purchase of vessels built in foreign shipyards with funds in
National Defense Sealift Fund.
Sec. 1014. Date of listing of vessels as battle force ships in the Naval
Vessel Register and other fleet inventory measures.
Sec. 1015. Technical corrections and clarifications to chapter 633 of
title 10, United States Code, and other provisions of law
regarding naval vessels.
Sec. 1016. Dismantlement and disposal of nuclear-powered aircraft
carriers.
Sec. 1017. Limitation on use of funds for retirement of hospital ships.
Sec. 1018. Inclusion of aircraft carrier refueling overhaul budget
request in annual budget justification materials.
Sec. 1019. Business case analysis of Ready Reserve Force
recapitalization options.
Sec. 1020. Transfer of excess naval vessel to Bahrain.
Subtitle C--Counterterrorism
Sec. 1031. Definition of sensitive military operation.
Sec. 1032. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
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.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1041. Strategic guidance documents within the Department of
Defense.
Sec. 1042. Notification on the provision of defense sensitive support.
Sec. 1043. Coordinating United States response to malign foreign
influence operations and campaigns.
Sec. 1044. Clarification of reimbursable allowed costs of FAA memoranda
of agreement.
Sec. 1045. Workforce issues for military realignments in the Pacific.
Sec. 1046. Mitigation of operational risks posed to certain military
aircraft by automatic dependent surveillance-broadcast
equipment.
Sec. 1047. Limitation on availability of funds for unmanned surface
vehicles.
Sec. 1048. Pilot program for Department of Defense controlled
unclassified information in the hands of industry.
Sec. 1049. Critical technologies list.
Sec. 1050. Airborne Hazards and Open Burn Pit Registry.
Sec. 1051. National Security Commission on Artificial Intelligence.
Sec. 1052. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1053. Guidance on the electronic warfare mission area and joint
electromagnetic spectrum operations.
Subtitle E--Studies and Reports
Sec. 1061. Annual reports by the Armed Forces on Out-Year Unconstrained
Total Munitions Requirements and Out-Year inventory numbers.
Sec. 1062. Improvement of annual report on civilian casualties in
connection with United States military operations.
Sec. 1063. Report on capabilities and capacities of Armored Brigade
Combat Teams.
Sec. 1064. Activities and reporting relating to Department of Defense's
Cloud Initiative.
Sec. 1065. Limitation on use of funds for United States Special
Operations Command Global Messaging and Counter-Messaging
platform.
Sec. 1066. Comprehensive review of professionalism and ethics programs
for special operations forces.
Sec. 1067. Munitions assessments and future-years defense program
requirements.
Sec. 1068. Report on establishment of Army Futures Command.
Sec. 1069. Report on cyber-enabled information operations.
Sec. 1070. Report on unmanned aircraft in Arlington National Cemetery.
Sec. 1071. Report on an updated Arctic strategy.
Sec. 1072. Report on use and availability of military installations for
disaster response.
Sec. 1073. Report on Department of Defense participation in Export
Administration Regulations license application review process.
Sec. 1074. Military aviation readiness review in support of the National
Defense Strategy.
Sec. 1075. Report on highest-priority roles and missions of the
Department of Defense and the Armed Forces.
Subtitle F--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Principal Advisor on Countering Weapons of Mass Destruction.
Sec. 1083. Modification of authority to transfer aircraft to other
departments for wildfire suppression purposes.
Sec. 1084. Improvement of database on emergency response capabilities.
Sec. 1085. Disclosure requirements for United States-based foreign media
outlets.
Sec. 1086. United States policy with respect to freedom of navigation
and overflight.
Sec. 1087. National Commission on Military Aviation Safety.
Sec. 1088. Sense of Congress regarding the international borders of the
United States.
Sec. 1089. Policy on response to juvenile-on-juvenile problematic sexual
behavior committed on military installations.
Sec. 1090. Recognition of America's veterans.
Sec. 1091. Prohibition of funds for Chinese language instruction
provided by a Confucius Institute.
Sec. 1092. Department of Defense engagement with certain nonprofit
entities in support of missions of deployed United States
personnel around the world.
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 2019
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. EXPERTISE IN AUDIT REMEDIATION.
(a) Technical Corrections.--
(1) Elimination of duplicative section numbers.--
(A) In general.--Chapter 9A of title 10, United States
Code, is amended by redesignating sections 251 through 254b as
sections 240a through 240f, respectively.
(B) Clerical amendments.--The table of sections at the
beginning of such chapter is amended by striking the items
relating to sections 251 through 254b and inserting the
following new items:
``240a. Audit of Department of Defense financial statements.
``240b. Financial Improvement and Audit Remediation Plan.
``240c. Audit: consolidated corrective action plan; centralized
reporting system.
``240d. Audits: audit of financial statements of Department of Defense
components by independent external auditors.
``240e. Audits: use of commercial data integration and analysis products
in preparing audits.
``240f. Audits: selection of service providers for audit services.''.
(2) Other technical correction.--Section 240b of title 10,
United States Code, as redesignated by paragraph (1), is amended in
subsection (a)(2) by redesignating the second clause (iii) and
clause (iv) as clauses (iv) and (v), respectively.
(b) Additional Requirements for Semiannual Briefing on the
Financial Improvement and Audit Remediation Plan.--Paragraph (2) of
subsection (b) of section 240b of title 10, United States Code, as
redesignated by subsection (a), is amended by adding at the end the
following new sentence: ``Such briefing shall include both the absolute
number and percentage of personnel performing the amount of auditing or
audit remediation services being performed by professionals meeting the
qualifications described in section 240d(b) of this title.''.
(c) Additional Reporting Requirements.--Paragraph (1) of such
subsection is amended--
(1) in subparagraph (B), by adding at the end the following new
clauses:
``(vii) If less than 50 percent of the auditing
services or if less than 50 percent of the audit
remediation services under contract, as described in the
briefing required under paragraph (2), are being performed
by professionals meeting the qualifications described in
section 240d(b) of this title, a detailed description of
the risks associated with the risks of the acquisition
strategy of the Department with respect to conducting
audits and audit remediation activities and an explanation
of how the strategy complies with the policies expressed by
Congress.
``(viii) If less than 25 percent of the auditing
services or if less than 25 percent of the audit
remediation services under contract, as described in the
briefing required under paragraph (2), are being performed
by professionals meeting the qualifications described in
section 240d(b) of this title, a written certification that
the staffing ratio complies with commercial best practices
and presents no increased risk of delay in the Department's
ability to achieve a clean audit opinion.''; and
(2) by adding at the end the following new subparagraph:
``(C) Additional requirements.--
``(i) Unclassified form.--A description submitted
pursuant to clause (vii) of subparagraph (B) or a
certification submitted pursuant to clause (viii) of such
subparagraph shall be submitted in unclassified form, but
may contain a classified annex.
``(ii) Delegation.--The Secretary may not delegate the
submission of a certification pursuant to clause (viii) of
subparagraph (B) to any official other than the Deputy
Secretary of Defense, the Chief Management Officer, or the
Under Secretary of Defense (Comptroller).''.
SEC. 1003. AUTHORITY TO TRANSFER FUNDS TO DIRECTOR OF NATIONAL
INTELLIGENCE FOR CAPNET.
During fiscal year 2019, the Secretary of Defense may transfer to
the Director of National Intelligence, under the authority in section
1001 of this Act, an amount that does not exceed $2,000,000 to provide
support for the operation of the classified network known as CAPNET.
SEC. 1004. AUDIT OF FINANCIAL SYSTEMS OF THE DEPARTMENT OF DEFENSE.
The Secretary of Defense, acting through the Under Secretary of
Defense (Comptroller) or an appropriate official of a military
department, shall ensure that each major implementation of, or
modification to, a business system that contributes to financial
information of the Department of Defense is reviewed by professional
accountants with experience reviewing Federal financial systems to
validate that such financial system will meet any applicable Federal
requirements. The Secretary of Defense shall ensure that such
accountants--
(1) are provided all necessary data and records; and
(2) report independently on their findings.
SEC. 1005. REPORT ON AUDITABLE FINANCIAL STATEMENTS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report ranking all military departments and Defense
Agencies in order of how advanced they are in achieving auditable
financial statements as required by law. The report should not include
information otherwise available in other reports to Congress.
SEC. 1006. TRANSPARENCY OF ACCOUNTING FIRMS USED TO SUPPORT DEPARTMENT
OF DEFENSE AUDIT.
For all contract actions (including awards, renewals, and
amendments) occurring more than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall require any
accounting firm providing financial statement auditing or audit
remediation services to the Department of Defense in support of the
audit required under section 3521 of title 31, United States Code, to
provide the Department with a statement setting forth the details of
any disciplinary proceedings with respect to the accounting firm or its
associated persons before any entity with the authority to enforce
compliance with rules or laws applying to audit services offered by
accounting firms.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. INCLUSION OF OPERATION AND SUSTAINMENT COSTS IN ANNUAL NAVAL
VESSEL CONSTRUCTION PLANS.
Section 231(b)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(F) The estimated operations and sustainment costs required
to support the vessels delivered under the naval vessel
construction plan.''.
SEC. 1012. PURCHASE OF VESSELS USING FUNDS IN NATIONAL DEFENSE SEALIFT
FUND.
Section 2218(f)(3) of title 10, United States Code, is amended--
(1) in subparagraph (C)--
(A) by striking ``two'' and inserting ``seven''; and
(B) by striking ``ships'' and inserting ``vessels'';
(2) by redesignating subparagraph (E) as subparagraph (F); and
(3) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) The Secretary may not use the authority under this paragraph
to procure more than two foreign constructed vessels unless the
Secretary submits to Congress, by not later than the second week of
February of the fiscal year during which the Secretary plans to use
such authority, a certification that--
``(i) the Secretary has initiated an acquisition strategy for
the construction in United States shipyards of not less than ten
new sealift vessels; and
``(ii) of such new sealift vessels, the lead ship is
anticipated to be delivered by not later than 2026.''.
SEC. 1013. PURCHASE OF VESSELS BUILT IN FOREIGN SHIPYARDS WITH FUNDS IN
NATIONAL DEFENSE SEALIFT FUND.
Section 2218(f)(3) of title 10, United States Code, as amended by
section 1012, is further amended--
(1) in subparagraph (F), as redesignated by such section 1012--
(A) by striking ``30 days after'' and inserting ``30 days
before'';
(B) in clause (i), by inserting ``proposed'' before
``date'';
(C) in clause (ii), by striking ``was'' and inserting
``would be''; and
(D) by adding at the end the following new clause:
``(viii) A detailed account of the criteria used to make the
determination under subparagraph (B).''; and
(2) by inserting after subparagraph (F), as so redesignated,
the following new subparagraph:
``(G) The Secretary may not finalize or execute the final purchase
of any vessel using the authority under this paragraph until 30 days
after the date on which a report under subparagraph (E) is submitted
with respect to such purchase.''.
SEC. 1014. DATE OF LISTING OF VESSELS AS BATTLE FORCE SHIPS IN THE
NAVAL VESSEL REGISTER AND OTHER FLEET INVENTORY MEASURES.
(a) In General.--Section 7301 of title 10, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Listing as Battle Force Ship in Naval Vessel Register.--A
covered vessel may not be listed in the Naval Vessel Register or other
fleet inventory measures as a battle force ship until the delivery date
specified in subsection (a).''.
(b) Definitions.--Such section is further amended by striking
subsection (d), as redesignated by subsection (a)(1) of this section,
and inserting the following new subsection:
``(d) Definitions.--In this section:
``(1) The term `covered vessel' means any vessel of the Navy
that is under construction or constructed using amounts authorized
to be appropriated for the Department of Defense for shipbuilding
and conversion, Navy.
``(2) The term `battle force ship' means the following:
``(A) A commissioned United States Ship warship capable of
contributing to combat operations.
``(B) A United States Naval Ship that contributes directly
to Navy warfighting or support missions.''.
SEC. 1015. TECHNICAL CORRECTIONS AND CLARIFICATIONS TO CHAPTER 633 OF
TITLE 10, UNITED STATES CODE, AND OTHER PROVISIONS OF LAW REGARDING
NAVAL VESSELS.
(a) Model Basin; Investigation of Hull Designs.--Section 7303 of
title 10, United States Code, is amended by striking ``(a) An office''
and all that follows through ``(b) The Secretary'' and inserting ``The
Secretary''.
(b) Repeal of Under-age Vessels Provision.--
(1) In general.--Section 7295 of title 10, United States Code,
is repealed:
(2) Clerical amendments.--The table of sections at the
beginning of chapter 633 of such title is amended by striking the
item relating to section 7295.
(c) Other Provisions of Law.--
(1) Repeal of policy relating to major combatant vessels of the
strike forces of the united states navy.--Section 1012 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 303; 10 U.S.C. 7291 note) is repealed.
(2) Repeal of alternative technologies for future surface
combatants.--Section 128 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2109; 10 U.S.C. 7291 note) is repealed.
(3) Repeal of provision on consideration of vessel location for
award of layberth contracts for sealift vessels.--Section 375 of
the National Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484; 106 Stat. 2385; 10 U.S.C. 7291 note) is repealed.
(4) Repeal of provision on revitalization of united states
shipbuilding industry.--Section 1031 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2489; 10 U.S.C. 7291 note) is repealed.
(5) Repeal of fast sealift program.--Section 1021 of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2485; 10 U.S.C. 7291 note) is repealed.
(6) Repeal of obsolete requirement for reports on effects of
naval shipbuilding plans on maritime industries.--Section 1227 of
the National Defense Authorization Act for Fiscal Year 1989 (Public
Law 100-456; 102 Stat. 2055; 10 U.S.C. 7291 note) is repealed.
(7) Repeal of prohibition on use of public and private
shipyards for conversion, overhaul, or repair work under certain
programs.--Section 811 of the Department of Defense Appropriation
Authorization Act, 1979 (Public Law 95-485; 92 Stat. 1624; 10
U.S.C. 7291 note) is repealed.
(8) Repeal of obsolete requirement to submit a five-year naval
ship new construction and conversion program.--Section 808 of the
Department of Defense Appropriation Authorization Act, 1976 (Public
Law 94-106; 89 Stat. 539; 10 U.S.C. 7291 note) is repealed.
SEC. 1016. DISMANTLEMENT AND DISPOSAL OF NUCLEAR-POWERED AIRCRAFT
CARRIERS.
(a) In General.--Chapter 633 of title 10, United States Code, as
amended by section 323, is further amended by adding after section
7320, as added by such section 323, the following new section:
``Sec. 7321. Nuclear-powered aircraft carriers: dismantlement and
disposal
``(a) In General.--Not less than 90 days before the award of a
contract for the dismantlement and disposal of a nuclear-powered
aircraft carrier, or the provision of funds to a naval shipyard for the
dismantlement and disposal of a nuclear-powered aircraft carrier, the
Secretary of the Navy shall submit to the congressional defense
committees a report setting forth the following:
``(1) A cost and schedule baseline for the dismantlement and
disposal approved by the service acquisition executive of the
Department of the Navy and the Chief of Naval Operations.
``(2) A description of the regulatory framework applicable to
the management of radioactive materials in connection with the
dismantlement and disposal, including, in cases in which the Navy
intends to have another government entity serve as the regulatory
enforcement authority--
``(A) a certification from that entity of its agreement to
serve as the regulatory enforcement authority; and
``(B) a description of the legal basis for the authority of
that entity to serve as the regulatory enforcement authority.
``(b) Supplemental Information With Budgets.--In the materials
submitted to Congress by the Secretary of Defense in support of the
budget of the President for a fiscal year (as submitted to Congress
under section 1105(a) of title 31), the Secretary of the Navy shall
include information on each dismantlement and disposal of a nuclear-
powered aircraft carrier occurring or planned to occur during the
period of the future-years defense program submitted to Congress with
that budget. Such information shall include, by ship concerned, the
following:
``(1) A summary of activities and significant developments in
connection with such dismantlement and disposal.
``(2) If applicable, a detailed description of cost and
schedule performance against the baseline for such dismantlement
and disposal established pursuant to subsection (a), including a
description of and explanation for any variance from such baseline.
``(3) A description of the amounts requested, or intended or
estimated to be requested, for such dismantlement and disposal for
each of the following:
``(A) Each fiscal year covered by the future-years defense
program.
``(B) Any fiscal years before the fiscal years covered by
the future-years defense program.
``(C) Any fiscal years after the end of the period of the
future-years defense program.
``(c) Future-years Defense Program Defined.--In this section, the
term `future-years defense program' means the future-years defense
program required by section 221 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 633 of such title, as amended by section 323, is further
amended by adding at the end the following new item:
``7321. Nuclear-powered aircraft carriers: dismantlement and
disposal.''.
SEC. 1017. LIMITATION ON USE OF FUNDS FOR RETIREMENT OF HOSPITAL SHIPS.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2019 for the Navy may be obligated or
expended to retire, prepare to retire, transfer, or place in storage
any hospital ship.
(b) Waiver.--The Secretary of the Navy may waive the limitation in
subsection (a) with respect to a hospital ship if the Secretary
certifies to the congressional defense committees that the Secretary
has--
(1) identified a replacement capability, and the necessary
quantity of systems, to meet all hospital ship requirements of the
combatant commands that are currently being met by such hospital
ship;
(2) achieved initial operational capability of all systems
described in paragraph (1); and
(3) deployed a sufficient quantity of systems described in
paragraph (1) that have achieved initial operational capability in
order to continue to meet or exceed all requirements of the
combatant commands that are currently being met by such hospital
ship.
SEC. 1018. INCLUSION OF AIRCRAFT CARRIER REFUELING OVERHAUL BUDGET
REQUEST IN ANNUAL BUDGET JUSTIFICATION MATERIALS.
The Secretary of Defense shall include in the budget justification
materials submitted to Congress by the Secretary in support of the
budget of the President for fiscal year 2020 and each subsequent fiscal
year, as part of the budget request for Shipbuilding and Conversion,
Navy, a detailed aircraft carrier refueling overhaul budget request, by
hull number, including all funding requested for reactor power units
and reactor components.
SEC. 1019. BUSINESS CASE ANALYSIS OF READY RESERVE FORCE
RECAPITALIZATION OPTIONS.
(a) Business Case Analysis Required.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of the Navy shall,
in consultation with the Administrator of the Maritime Administration
and the Commander of United States Transportation Command, submit to
the congressional defense committees a report setting forth a business
case analysis of recapitalization options for the Ready Reserve Force.
(b) Elements.--The business case analysis required by subsection
(a) shall include the following:
(1) Each sealift capability area, and the associated capacity,
for which Ready Reserve Force vessels are required to be
recapitalized through fiscal year 2048.
(2) The categories of vessels being considered in each area
specified pursuant to paragraph (1), including the following:
(A) United States purpose-built vessels (such as Common
Hull Auxiliary Multi-mission Platform).
(B) United States non-purpose built vessels (such as
vessels formerly engaged in Jones Act trade).
(C) Foreign-built vessels that participated in the Maritime
Security Program.
(D) Foreign-built vessels that did not participate in the
Maritime Security Program.
(E) Foreign-designed, United States-built vessels.
(3) For each category of vessel specified pursuant to paragraph
(2), the following:
(A) Anticipated availability of vessels within such
category in the timeframe needed to meet United States
Transportation Command sealift requirements.
(B) Anticipated purchase price, if applicable.
(C) Anticipated cost and scope of modernization.
(D) Anticipated duration of modernization period.
(E) Anticipated service life as a Ready Reserve Force
vessel.
(F) Anticipated military utility.
(G) Ability of one such vessel to replace more than one
existing Ready Reserve Force vessel.
(4) A cost-benefit determination on the mix of capabilities and
vessels identified pursuant to paragraphs (1) through (3) that
could ensure United States Transportation Command sealift
requirements are met through fiscal year 2048, which determination
shall include a comparison of the useful service life of each
category of vessels specified pursuant to paragraph (2) with the
costs of such category of vessels.
SEC. 1020. TRANSFER OF EXCESS NAVAL VESSEL TO BAHRAIN.
(a) Transfer by Grant.--The President is authorized to transfer to
the Government of Bahrain the OLIVER HAZARD PERRY class guided missile
frigate ex-USS ROBERT G. BRADLEY (FFG-49) on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(b) Grant Not Counted in Annual Total of Transferred Excess Defense
Articles.--The value of the vessel transferred to the Government of
Bahrain on a grant basis pursuant to authority provided by subsection
(a) shall not be counted against the aggregate value of excess defense
articles transferred in any fiscal year under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(c) Costs of Transfer.--Any expense incurred by the United States
in connection with the transfer authorized by this section shall be
charged to the Government of Bahrain notwithstanding section 516(e) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)).
(d) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the Government of
Bahrain have such repair or refurbishment of the vessel as is needed,
before the vessel joins the naval forces of that country, performed at
a shipyard located in the United States, including a United States Navy
shipyard.
(e) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the three-year period
beginning on the date of the enactment of this Act.
Subtitle C--Counterterrorism
SEC. 1031. DEFINITION OF SENSITIVE MILITARY OPERATION.
(a) In General.--Subsection (d) of section 130f of title 10, United
States Code, is amended to read as follows:
``(d) Sensitive Military Operation Defined.--(1) Except as provided
in paragraph (2), in this section, the term `sensitive military
operation' means--
``(A) a lethal operation or capture operation conducted by the
armed forces or conducted by a foreign partner in coordination with
the armed forces that targets a specific individual or individuals;
or
``(B) an operation conducted by the armed forces in self-
defense or in defense of foreign partners, including during a
cooperative operation.
``(2) For purposes of this section, the term `sensitive military
operation' does not include any operation conducted within Afghanistan,
Syria, or Iraq.''.
(b) Collective Self-defense Notification.--Such section is further
amended by adding at the end the following new subsection:
``(f) Collective Self-defense Notification Requirement.--Not later
than 48 hours after the date on which a foreign partner force has been
designated as eligible for the provision of collective self-defense by
the armed forces for the purposes of subsection (d)(1)(B), the
Secretary of Defense shall provide to the congressional defense
committees notice in writing of such designation.''.
(c) Report.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
that includes--
(1) a list of any instance in which a member of the Armed
Forces has engaged or been engaged by enemy forces, used self-
defense, or provided collective self-defense of foreign partner
forces in a country other than Afghanistan, Iraq, or Syria since
December 26, 2013; and
(2) a list of all foreign partner forces outside of
Afghanistan, Iraq, and Syria for which the United States Armed
Forces are authorized to provide collective self-defense.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR
RELINQUISH CONTROL OF UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
Section 1036 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91) is amended by inserting ``or 2019'' after
``fiscal year 2018''.
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, 2019, to transfer, release, or assist in the transfer of
or release to or within the United States, its territories, or
possessions 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, 2019, 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, 2019, 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.
Subtitle D--Miscellaneous Authorities and Limitations
SEC. 1041. STRATEGIC GUIDANCE DOCUMENTS WITHIN THE DEPARTMENT OF
DEFENSE.
Section 113(g) of title 10, United States Code, is amended by
striking paragraphs (2) through (4) and inserting the following new
paragraphs (2) through (4):
``(2)(A) In implementing the requirement in paragraph (1), the
Secretary, with the advice of the Chairman of the Joint Chiefs of
Staff, shall each year provide to the officials and officers referred
in paragraph (1)(A) written guidance (to be known as `Defense Planning
Guidance') establishing goals, priorities, and objectives, including
fiscal constraints, to direct the preparation and review of the program
and budget recommendations of all elements of the Department,
including--
``(i) the priority military missions of the Department,
including the assumed force planning scenarios and constructs;
``(ii) the force size and shape, force posture, defense
capabilities, force readiness, infrastructure, organization,
personnel, technological innovation, and other elements of the
defense program necessary to support the strategy required by
paragraph (1);
``(iii) the resource levels projected to be available for the
period of time for which such recommendations and proposals are to
be effective; and
``(iv) a discussion of any changes in the strategy required by
paragraph (1) and assumptions underpinning the strategy, as
required by paragraph (1).
``(B) The guidance required by this paragraph shall be produced in
February each year in order to support the planning and budget process.
A comprehensive briefing on the guidance shall be provided to the
congressional defense committees at the same time as the submission of
the budget of the President (as submitted to Congress pursuant to
section 1105(a) of title 31) for the fiscal year beginning in the year
in which such guidance is produced.
``(3)(A) In implementing the requirement in paragraph (1) and in
conjunction with the reporting requirement in section 2687a of this
title, the Secretary, with the approval of the President and the advice
of the Chairman of the Joint Chiefs of Staff, shall, on the basis
provided in subparagraph (E), provide to the officials and officers
referred to in paragraph (1)(A) written guidance (to be known as
`Contingency Planning Guidance' or `Guidance for Employment of the
Force') on the preparation and review of contingency and campaign
plans, including plans for providing support to civil authorities in an
incident of national significance or a catastrophic incident, for
homeland defense, and for military support to civil authorities.
``(B) The guidance required by this paragraph shall include the
following:
``(i) A description of the manner in which limited existing
forces and resources shall be prioritized and apportioned to
achieve the objectives described in the strategy required by
paragraph (1).
``(ii) A description of the relative priority of contingency
and campaign plans, specific force levels, and supporting resource
levels projected to be available for the period of time for which
such plans are to be effective.
``(C) The guidance required by this paragraph shall include the
following:
``(i) Prioritized global, regional, and functional policy
objectives that the armed forces should plan to achieve, including
plans for deliberate and contingency scenarios.
``(ii) Policy and strategic assumptions that should guide
military planning, including the role of foreign partners.
``(iii) Guidance on global posture and global force management.
``(iv) Security cooperation priorities.
``(v) Specific guidance on United States and Department nuclear
policy.
``(D) The guidance required by this paragraph shall be the primary
source document to be used by the Chairman of the Joint Chiefs of Staff
in--
``(i) executing the global military integration
responsibilities described in section 153 of this title; and
``(ii) developing implementation guidance for the Joint Chiefs
of Staff and the commanders of the combatant commands.
``(E) The guidance required by this paragraph shall be produced
every two years, or more frequently as needed.
``(4)(A) In implementing the requirement in paragraph (1), the
Secretary, with the advice of the Chairman of the Joint Chiefs of
Staff, shall each year produce, and submit to the congressional defense
committees, a report (to be known as the `Global Defense Posture
Report') that shall include the following:
``(i) A description of major changes to United States forces,
capabilities, and equipment assigned and allocated outside the
United States, focused on significant alterations, additions, or
reductions to such global defense posture that are required to
execute the strategy and plans of the Department.
``(ii) A description of the supporting network of
infrastructure, facilities, pre-positioned stocks, and war reserve
materiel required for execution of major contingency plans of the
Department.
``(iii) A list of all enduring locations, including main
operating bases, forward operating sites, and cooperative security
locations.
``(iv) A description of the status of treaty, access, cost-
sharing, and status-protection agreements with foreign nations.
``(v) A summary of the priority posture initiatives for each
region by the commanders of the combatant commands.
``(vi) For each military department, a summary of the
implications for overseas posture of any force structure changes.
``(vii) A description of the costs incurred outside the United
States during the preceding fiscal year in connection with
operating, maintaining, and supporting United States forces outside
the United States for each military department, broken out by
country, and whether for operation and maintenance, infrastructure,
or transportation.
``(viii) A description of the amount of direct support for the
stationing of United States forces provided by each host nation
during the preceding fiscal year.
``(B) The report required by this paragraph shall be submitted to
the congressional defense committees as required by subparagraph (A) by
not later than April 30 each year.
``(C) In this paragraph, the term `United States', when used in a
geographic sense, includes the territories and possessions of the
United States.''.
SEC. 1042. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE SUPPORT.
Section 1055 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (2)(B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new paragraphs:
``(3) has been requested by the head of a non-Department of
Defense Federal department or agency who has certified to the
Secretary that the department or agency has reasonably attempted to
use capabilities and resources internal to the department or
agency.''; and
(2) in subsection (b), by adding at the end the following new
paragraph:
``(4) Reverse defense sensitive support request.--The Secretary
shall notify the congressional defense committees (and the
congressional intelligence committees with respect to matters
relating to members of the intelligence community) of requests made
by the Secretary to a non-Department of Defense Federal department
or agency for support that requires special protection from
disclosure in the same manner and containing the same information
as the Secretary notifies such committees of defense sensitive
support requests under paragraphs (1) and (3).''.
SEC. 1043. COORDINATING UNITED STATES RESPONSE TO MALIGN FOREIGN
INFLUENCE OPERATIONS AND CAMPAIGNS.
(a) In General.--Section 101 of the National Security Act of 1947
(50 U.S.C. 3021) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new paragraph:
``(4) coordinate, without assuming operational authority, the
United States Government response to malign foreign influence
operations and campaigns.''; and
(2) by adding at the end the following new subsections:
``(g) Coordinator for Combating Malign Foreign Influence Operations
and Campaigns.--
``(1) In general.--The President shall designate an employee of
the National Security Council to be responsible for the
coordination of the interagency process for combating malign
foreign influence operations and campaigns.
``(2) Congressional briefing.--
``(A) In general.--Not less frequently than twice each
year, the employee designated under this subsection, or the
employee's designee, shall provide to the congressional
committees specified in subparagraph (B) a briefing on the
responsibilities and activities of the employee designated
under this subsection.
``(B) Committees specified.--The congressional committees
specified in this subparagraph are the following:
``(i) The Committees on Armed Services, Foreign
Affairs, and Oversight and Government Reform, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
``(ii) The Committees on Armed Services, Foreign
Relations, and Homeland Security and Governmental Affairs,
and the Select Committee on Intelligence of the Senate.
``(h) Definition of Malign Foreign Influence Operations and
Campaigns.--In this section, the term `malign foreign influence
operations and campaigns' means the coordinated, direct or indirect
application of national diplomatic, informational, military, economic,
business, corruption, educational, and other capabilities by hostile
foreign powers to affect attitudes, behaviors, decisions, or outcomes
within the United States.''.
(b) Strategy.--
(1) In general.--Not later than 9 months after the date of the
enactment of this Act, the President, acting through the National
Security Council, shall submit to the congressional committees
specified in paragraph (2) a strategy to counter malign foreign
influence operations and campaigns (as such term is defined in
section 101(h) of the National Security Act of 1947 (50 U.S.C.
3021), as added by subsection (a)).
(2) Committees specified.--The congressional committees
specified in this paragraph are the following:
(A) The Committees on Armed Services, Foreign Affairs, and
Oversight and Government Reform, and the Permanent Select
Committee on Intelligence of the House of Representatives.
(B) The Committees on Armed Services, Foreign Relations,
and Homeland Security and Governmental Affairs, and the Select
Committee on Intelligence of the Senate.
(c) Deadline for Appointment.--Not later than 180 days after the
date of the enactment of this Act, the President shall designate the
employee of the National Security Council to be responsible for the
coordination of the interagency process for combating malign foreign
influence operations and campaigns pursuant to subsection (g)(1) of
section 101 of the National Security Act of 1947 (50 U.S.C. 3021), as
added by subsection (a)(2).
SEC. 1044. CLARIFICATION OF REIMBURSABLE ALLOWED COSTS OF FAA MEMORANDA
OF AGREEMENT.
Section 47504(c)(2) of title 49, United States Code, is amended--
(1) in subparagraph (D) by striking ``and'' at the end;
(2) in subparagraph (E) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) to an airport operator of a congested airport (as defined
in section 47175) and a unit of local government referred to in
paragraph (1)(B) to carry out a project to mitigate noise, if the
project--
``(i) consists of--
``(I) replacement windows, doors, and the installation
of through-the-wall air conditioning units; or
``(II) a contribution of the equivalent costs to be
used for reconstruction if reconstruction is the preferred
local solution;
``(ii) is located at a school near the airport; and
``(iii) is included in a memorandum of agreement entered
into before September 30, 2002, even if the airport has not met
the requirements of part 150 of title 14, Code of Federal
Regulations, and only if the financial limitations of the
memorandum are applied.''.
SEC. 1045. 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--
(1) in paragraph (1), by amending subparagraph (B) to read as
follows:
``(B) H-2B workers.--In the case of an alien described in
subparagraph (A) who seeks admission under section
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(b)), the alien, if otherwise
qualified, may, before December 31, 2023, be admitted under
such section, notwithstanding the requirement of such section
that the service or labor be temporary, for a period of up to 3
years--
``(i) to perform service or labor on Guam or in 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 in the
Commonwealth; or
``(ii) to perform service or labor as a health care
worker (such as a nurse, physician assistant, or allied
health professional) at a facility that jointly serves
members of the Armed Forces, dependents, and civilians on
Guam or in the Commonwealth, subject to the education,
training, licensing, and other requirements of section
212(a)(5)(C) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(5)(C)), as applicable, except that this
clause shall not be construed to include graduates of
medical schools coming to Guam or the Commonwealth to
perform service or labor as members of the medical
profession.''; and
(2) by amending paragraph (2) to read as follows:
``(2) Locations.--Paragraph (1) does not apply with respect to
the performance of services of labor at a location other than Guam
or the Commonwealth.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 1046. MITIGATION OF OPERATIONAL RISKS POSED TO CERTAIN MILITARY
AIRCRAFT BY AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST EQUIPMENT.
(a) In General.--The Secretary of Transportation may not--
(1) directly or indirectly require the installation of
automatic dependent surveillance-broadcast (hereinafter in this
section referred to as ``ADS-B'') equipment on fighter aircraft,
bomber aircraft, or other special mission aircraft owned or
operated by the Department of Defense;
(2) deny or reduce air traffic control services in United
States airspace or international airspace delegated to the United
States to any aircraft described in paragraph (1) on the basis that
such aircraft is not equipped with ADS-B equipment; or
(3) restrict or limit airspace access for aircraft described in
paragraph (1) on the basis such aircraft are not equipped with ADS-
B equipment.
(b) Termination.--Subsection (a) shall cease to be effective on the
date that the Secretary of Transportation and the Secretary of Defense
jointly submit to the appropriate congressional committees notice that
the Secretaries have entered into a memorandum of agreement or other
similar agreement providing that fighter aircraft, bomber aircraft, and
other special mission aircraft owned or operated by the Department of
Defense that are not equipped or not yet equipped with ADS-B equipment
will be reasonably accommodated for safe operations in the National
Airspace System and provided with necessary air traffic control
services.
(c) Rule of Construction.--Nothing in this section may be construed
to--
(1) vest in the Secretary of Defense any authority of the
Secretary of Transportation or the Administrator of the Federal
Aviation Administration under title 49, United States Code, or any
other provision of law;
(2) vest in the Secretary of Transportation or the
Administrator of the Federal Aviation Administration any authority
of the Secretary of Defense under title 10, United States Code, or
any other provision of law; or
(3) limit the authority or discretion of the Secretary of
Transportation or the Administrator of the Federal Aviation
Administration to operate air traffic control services to ensure
the safe minimum separation of aircraft in flight and the efficient
use of airspace.
(d) Notification Requirement.--The Secretary of Defense shall
provide to the Secretary of Transportation notification of any aircraft
the Secretary of Defense designates as a special mission aircraft
pursuant to subsection (e)(3).
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
congressional defense committees, the Committee on Transportation
and Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the Senate.
(2) The term ``air traffic control services'' means services
used for the monitoring, directing, control, and guidance of
aircraft or flows of aircraft and for the safe conduct of flight,
including communications, navigation, and surveillance services and
provision of aeronautical information.
(3) The term ``special mission aircraft'' means an aircraft the
Secretary of Defense designates for a unique mission to which ADS-B
equipment creates a unique risk.
SEC. 1047. LIMITATION ON AVAILABILITY OF FUNDS FOR UNMANNED SURFACE
VEHICLES.
(a) Limitation.--Not more than 50 percent of the funds authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2019 for the Department of Defense for the Strategic Capabilities
Office ghost fleet overlord unmanned surface vehicle program may be
obligated or expended until the Undersecretary of Defense for Research
and Engineering, in coordination with the Secretary of the Navy,
certifies to the congressional defense committees that--
(1) such project accelerates development of the future unmanned
surface vehicle program of the Navy; and
(2) the desired procurement strategy for the ghost fleet
overlord project is properly coordinated and not duplicative of the
unmanned surface vehicle sea hunter program of the Navy.
(b) Rule of Construction.--The limitation in subsection (a) shall
not be construed to apply to any other unmanned surface vehicle program
of the Department of Defense other than the program element specified
in such subsection.
SEC. 1048. PILOT PROGRAM FOR DEPARTMENT OF DEFENSE CONTROLLED
UNCLASSIFIED INFORMATION IN THE HANDS OF INDUSTRY.
(a) In General.--The Secretary of Defense--
(1) shall establish and implement a pilot program for oversight
of designated Department of Defense controlled unclassified
information in the hands of defense contractors with foreign
ownership, control, or influence concerns; and
(2) may designate an entity within the Department to be
responsible for the pilot program under paragraph (1).
(b) Program Requirements.--The pilot program under subsection (a)
shall have the following elements:
(1) The use of a capability to rapidly identify companies
subject to foreign ownership, control, or influence that are
processing designated controlled unclassified information,
including unclassified controlled technical information.
(2) The use, in consultation with the Chief of Information
Officer of the Department, of a capability or means for assessing
industry compliance with Department cybersecurity standards.
(3) A means of demonstrating whether and under what conditions
the risk to national security posed by access to Department
controlled unclassified information, including unclassified
controlled technical information, by a company under foreign
ownership, control, or influence company can be mitigated and how
such mitigation could be enforced.
(c) Briefing Required.--By not later than 30 days after the
completion of the pilot program under this section, but in no case
later than December 1, 2019, the Secretary shall provide to the
congressional defense committees a briefing on the results of the pilot
program and any decisions about whether to implement the pilot program
on a Department-wide basis.
SEC. 1049. CRITICAL TECHNOLOGIES LIST.
(a) List Required.--The Secretary of Defense shall establish and
maintain a list of acquisition programs, technologies, manufacturing
capabilities, and research areas that are critical for maintaining the
national security technological advantage of the United States over
foreign countries of special concern. The list shall be accompanied by
a justification for inclusion of items on the list, including specific
performance and technical figures of merit.
(b) Use of List.--The Secretary may use the list required under
subsection (a) to--
(1) guide the recommendations of the Secretary in any
interagency determinations conducted pursuant to Federal law
relating to technology protection, including relating to export
licensing, deemed exports, technology transfer, and foreign direct
investment;
(2) inform the Secretary while engaging in interagency
processes on promotion and protection activities involving
acquisition programs and technologies that are necessary to achieve
and maintain the national security technology advantage of the
United States and that are supportive of military requirements and
strategies;
(3) inform the Department's activities to integrate
acquisition, intelligence, counterintelligence and security, and
law enforcement to inform requirements, acquisition, programmatic,
and strategic courses of action for technology protection;
(4) inform development of research investment strategies and
activities and develop innovation centers and an emerging
technology industrial base through the employment of financial
assistance from the United States Government through appropriate
statutory authorities and programs;
(5) identify opportunities for alliances and partnerships in
key research and development areas to achieve and maintain a
national security technology advantage; and
(6) carry out such other purposes as identified by the
Secretary.
(c) Publication.--The Secretary shall--
(1) publish the list required under subsection (a) by not later
than December 31, 2018; and
(2) update such list at least annually.
SEC. 1050. AIRBORNE HAZARDS AND OPEN BURN PIT REGISTRY.
(a) Education Campaign.--Beginning not later than one year after
the date of the enactment of this Act, the Secretary of Defense shall
carry out an annual education campaign to inform individuals who may be
eligible to enroll in the Airborne Hazards and Open Burn Pit Registry
of such eligibility. Each such campaign shall include at least one
electronic method and one physical mailing method to provide such
information.
(b) Airborne Hazards and Open Burn Pit Registry Defined.--In this
section, the term ``Airborne Hazards and Open Burn Pit Registry'' means
the registry established by the Secretary of Veterans Affairs under
section 201 of the Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note).
SEC. 1051. NATIONAL SECURITY COMMISSION ON ARTIFICIAL INTELLIGENCE.
(a) Establishment.--
(1) In general.--There is established in the executive branch
an independent Commission to review advances in artificial
intelligence, related machine learning developments, and associated
technologies.
(2) Treatment.--The Commission shall be considered an
independent establishment of the Federal Government as defined by
section 104 of title 5, United States Code, and a temporary
organization under section 3161 of such title.
(3) Designation.--The Commission established under paragraph
(1) shall be known as the ``National Security Commission on
Artificial Intelligence''.
(4) Membership.--
(A) Composition.--The Commission shall be composed of 15
members appointed as follows:
(i) The Secretary of Defense shall appoint 2 members.
(ii) The Secretary of Commerce shall appoint 1 member.
(iii) The Chairman of the Committee on Commerce,
Science, and Transportation of the Senate shall appoint 1
member.
(iv) The Ranking Member of the Committee on Commerce,
Science, and Transportation of the Senate shall appoint 1
member.
(v) The Chairman of the Committee on Energy and
Commerce of the House of Representatives shall appoint 1
member.
(vi) The Ranking Member of the Committee on Energy and
Commerce of the House of Representatives shall appoint 1
member.
(vii) The Chairman of the Committee on Armed Services
of the Senate shall appoint 1 member.
(viii) The Ranking Member of the Committee on Armed
Services of the Senate shall appoint 1 member.
(ix) The Chairman of the Committee on Armed Services of
the House of Representatives shall appoint 1 member.
(x) The Ranking Member of the Committee on Armed
Services of the House of Representatives shall appoint 1
member.
(xi) The Chairman of the Select Committee on
Intelligence of the Senate shall appoint 1 member.
(xii) The Vice Chairman of the Select Committee on
Intelligence of the Senate shall appoint 1 member.
(xiii) The Chairman of the Permanent Select Committee
on Intelligence of the House of Representatives shall
appoint 1 member.
(xiv) The Ranking Member of the Permanent Select
Committee Intelligence of the House of Representatives
shall appoint 1 member.
(B) Deadline for appointment.--Members shall be appointed
to the Commission under paragraph (1) not later than 90 days
after the Commission establishment date.
(C) Effect of lack of appointment by appointment date.--If
one or more appointments under paragraph (1) is not made by the
appointment date specified in paragraph (2), the authority to
make such appointment or appointments shall expire, and the
number of members of the Commission shall be reduced by the
number equal to the number of appointments so not made.
(5) Chair and vice chair.--The Commission shall elect a Chair
and Vice Chair from among its members.
(6) Terms.--Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its
powers, and shall be filled in the same manner as the original
appointment was made.
(7) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of such
section, the members of the Commission shall be deemed to be
Federal employees.
(b) Duties.--
(1) In general.--The Commission shall carry out the review
described in paragraph (2). In carrying out such review, the
Commission shall consider the methods and means necessary to
advance the development of artificial intelligence, machine
learning, and associated technologies by the United States to
comprehensively address the national security and defense needs of
the United States.
(2) Scope of the review.--In conducting the review paragraph
(1), the Commission shall consider the following:
(A) The competitiveness of the United States in artificial
intelligence, machine learning, and other associated
technologies, including matters related to national security,
defense, public-private partnerships, and investments.
(B) Means and methods for the United States to maintain a
technological advantage in artificial intelligence, machine
learning, and other associated technologies related to national
security and defense.
(C) Developments and trends in international cooperation
and competitiveness, including foreign investments in
artificial intelligence, related machine learning, and computer
science fields that are materially related to national security
and defense.
(D) Means by which to foster greater emphasis and
investments in basic and advanced research to stimulate
private, public, academic and combined initiatives in
artificial intelligence, machine learning, and other associated
technologies, to the extent that such efforts have application
materially related to national security and defense.
(E) Workforce and education incentives to attract and
recruit leading talent in artificial intelligence and machine
learning disciplines, including science, technology,
engineering, and math programs.
(F) Risks associated with United States and foreign country
advances in military employment of artificial intelligence and
machine learning, including international law of armed
conflict, international humanitarian law, and escalation
dynamics.
(G) Associated ethical considerations related to artificial
intelligence and machine learning as it will be used for future
applications related to national security and defense.
(H) Means to establish data standards, and incentivize the
sharing of open training data within related national security
and defense data-driven industries.
(I) Consideration of the evolution of artificial
intelligence and appropriate mechanism for managing such
technology related to national security and defense.
(J) Any other matters the Commission deems relevant to the
common defense of the Nation.
(c) Reports.--
(1) Initial report.--Not later than 180 days after the date of
the enactment of this Act, the Commission shall submit to the
President and Congress an initial report on the findings of the
Commission and such recommendations that the Commission may have
for action by the executive branch and Congress related to
artificial intelligence, machine learning, and associated
technologies, including recommendations to more effectively
organize the Federal Government.
(2) Annual comprehensive reports.--Not later than one year
after the date of this enactment of this Act, and every year
thereafter annually, until the date specified in subsection (e),
the Commission shall submit a comprehensive report on the review
required under subsection (b).
(3) Form of reports.--Reports submitted under this subsection
shall be made publically available, but may include a classified
annex.
(d) Funding.--Of the amounts authorized to be appropriated by this
Act for fiscal year 2019 for the Department of Defense, not more than
$10,000,000 shall be made available to the Commission to carry out its
duties under this subtitle. Funds made available to the Commission
under the preceding sentence shall remain available until expended.
(e) Termination.--The Commission shall terminate on October 1,
2020.
(f) Definition of Artificial Intelligence.--In this section, the
term ``artificial intelligence'' includes each of the following:
(1) Any artificial system that performs tasks under varying and
unpredictable circumstances without significant human oversight, or
that can learn from experience and improve performance when exposed
to data sets.
(2) An artificial system developed in computer software,
physical hardware, or other context that solves tasks requiring
human-like perception, cognition, planning, learning,
communication, or physical action.
(3) An artificial system designed to think or act like a human,
including cognitive architectures and neural networks.
(4) A set of techniques, including machine learning that is
designed to approximate a cognitive task.
(5) An artificial system designed to act rationally, including
an intelligent software agent or embodied robot that achieves goals
using perception, planning, reasoning, learning, communicating,
decision-making, and acting.
SEC. 1052. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP.
(a) Transfer Authority.--Notwithstanding section 2215 of title 10,
United States Code, the Secretary of Defense may transfer to the
Secretary of State, for use by the United States Agency for
International Development, amounts to be used for the Bien Hoa dioxin
cleanup in Vietnam.
(b) Limitation on Amounts.--Not more than $15,000,000 may be
transferred in fiscal year 2019 under the authority in subsection (a).
(c) Source of Funds.--The Secretary of Defense may transfer funds
appropriated to the Department of Defense for ``Operation and
Maintenance, Defense-wide'' under the authority in subsection (a).
(d) Additional Transfer Authority.--The transfer authority provided
under subsection (a) is in addition to any other transfer authority
available to the Department of Defense.
SEC. 1053. GUIDANCE ON THE ELECTRONIC WARFARE MISSION AREA AND JOINT
ELECTROMAGNETIC SPECTRUM OPERATIONS.
(a) Processes and Procedures for Integration.--The Secretary of
Defense shall--
(1) establish processes and procedures to develop, integrate,
and enhance the electronic warfare mission area and the conduct of
joint electromagnetic spectrum operations in all domains across the
Department of Defense; and
(2) ensure that such processes and procedures provide for
integrated defense-wide strategy, planning, and budgeting with
respect to the conduct of such operations by the Department,
including activities conducted to counter and deter such operations
by malign actors.
(b) Designated Senior Official.--
(1) In general.--The Secretary shall designate a senior
official of the Department of Defense (hereinafter referred to as
the ``designated senior official''), who shall implement and
oversee the processes and procedures established under subsection
(a). The designated senior official shall be designated by the
Secretary from among individuals serving in the Department as
civilian employees or members of the Armed Forces who are,
equivalent in grade or rank, at or below the level of Under
Secretary of Defense. The designated senior official shall oversee
the cross-functional team established pursuant to subsection (c)
and serve as an ex-officio member of the Electronic Warfare
Executive Committee established in March 2015.
(2) Responsibilities.--The designated senior official shall
have, with respect to the implementation and oversight of the
processes and procedures established under subsection (a), the
following responsibilities:
(A) Overseeing the implementation of the strategy developed
by the Electronic Warfare Executive Committee for the conduct
and execution of the electronic warfare mission area and joint
electromagnetic spectrum operations by the Department,
coordinated across all relevant elements of the Department,
including both near-term and long-term guidance for the conduct
of such operations.
(B) Providing recommendations to the Electronic Warfare
Executive Committee on resource allocation to support the
capability development and investment in the electronic warfare
and joint electromagnetic spectrum operation mission areas.
(C) Proposing electronic warfare governance, management,
organizational, and operational reforms to Secretary of
Defense, after review and comment by the Electronic Warfare
Executive Committee.
(3) Annual certification on budgeting for certain
capabilities.--Each budget for fiscal years 2020 through 2024
submitted by the President to Congress pursuant to section 1105(a)
of title 31, United States Code, shall include the same information
that was required to be submitted annually under section 1053(b) of
the National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2459) for each of fiscal years 2011 through
2015 and an assessment by the senior designated official as to
whether sufficient funds are requested in such budget for
anticipated activities in such fiscal year for each of the
following:
(A) The development of an electromagnetic battle management
capability for joint electromagnetic spectrum operations.
(B) The establishment and operation of associated joint
electromagnetic spectrum operations cells.
(c) Cross-functional Team for Electronic Warfare.--
(1) Establishment required.--The Secretary shall, in accordance
with section 911(c) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2345; 10 U.S.C. 111
note), establish a cross-functional team for electronic warfare in
order to identify gaps in electronic warfare and joint
electromagnetic spectrum operations, capabilities, and capacities
within the Department across personnel, procedural, and equipment
areas.
(2) Specific duties.--The cross-functional team established
pursuant to paragraph (1) shall provide recommendations to the
senior designated official to address gaps identified as described
in that paragraph.
(d) Plans and Requirements for Electronic Warfare.--
(1) In general.--The Secretary shall require the designated
senior official to task the cross-functional team established
pursuant to subsection (c) to develop requirements and specific
plans for addressing personnel, capability, and capacity gaps in
the electronic warfare mission area, and plans for future warfare
in that domain (including maintaining a roadmap for the current
future-years defense program under section 221 of title 10, United
States Code).
(2) Update of strategy.--Not later than 180 days after the date
of the enactment of this Act, and biennially thereafter, the
Electronic Warfare Executive Committee, in coordination with the
cross-functional team shall--
(A) update the strategy of the Department of Defense
entitled ``The DOD Electronic Warfare Strategy'' and dated June
2017, to include the roadmap developed by the cross-functional
team pursuant to in paragraph (1); and
(B) submit the updated strategy to the congressional
defense committees.
(3) Elements.--The requirements and plans and associated
roadmap developed by the cross-functional team pursuant to
paragraph (1) shall include the following:
(A) An accounting of the efforts undertaken in support of
the strategy referred to in paragraph (2)(A) and to implement
applicable elements of Department of Defense Directive 3222.04,
dated May 10, 2017, or any subsequent updates to such
directive.
(B) A description of any updates or changes to the strategy
since its issuance, and a description of any anticipated
updates or changes to the strategy as a result of the
designation of the designated senior official.
(C) An assessment of vulnerabilities identified in the May
2015 Electronic Warfare assessment by the Defense Science
Board.
(D) An assessment of the capability of joint forces to
conduct joint electromagnetic spectrum operations against near-
peer adversaries and any capability or capacity gaps in such
capability that need to be addressed, including an assessment
of the ability of joint forces to conduct coordinated military
operations to exploit, attack, protect, and manage the
electromagnetic environment in the signals intelligence,
electronic warfare, and spectrum management mission areas,
including the capability to conduct integrated cyber and
electronic warfare on the battlefield, for all level 3 and
level 4 contingency plans (as such plans are described in Joint
Publication 5-0 of the Joint Chiefs of Staff, entitled ``Joint
Planning'' and dated June 16, 2017).
(E) A review of the roles and functions of offices within
the Joint Staff, the Office of the Secretary of Defense, and
the combatant commands with primary responsibility for joint
electromagnetic spectrum policy and operations.
(F) A description of any assumptions about the roles and
contributions of the Department, in coordination with other
departments and agencies of the United States Government, with
respect to the strategy.
(G) A description of actions, performance metrics, and
projected timelines for achieving key capabilities for
electronic warfare and joint electromagnetic spectrum
operations to correspond to the thematic goals identified in
the strategy and as addressed by the roadmap.
(H) An analysis of any personnel, resourcing, capability,
authority, or other gaps to be addressed in order to ensure
effective implementation of the strategy across all relevant
elements of the Department, including an update on each of the
following:
(i) The development of an electromagnetic battle
management capability for joint electromagnetic spectrum
operations.
(ii) The establishment and operation of joint
electromagnetic spectrum operations cells at combatant
command locations.
(iii) The integration and synchronization of cyber and
electromagnetic activities.
(I) An investment framework and projected timeline for
addressing any gaps described by subparagraph (H).
(J) In consultation with the Director of the Defense
Intelligence Agency--
(i) comprehensive assessments of the electronic warfare
capabilities of the Russian Federation and the People's
Republic of China, which shall include--
(I) electronic warfare doctrine;
(II) order of battle on land, sea, air, space, and
cyberspace; and
(III) expected direction of technology and research
over the next 10 years; and
(ii) a review of vulnerabilities with respect to
electronic systems, such as the Global Positioning System,
and Department-wide abilities to conduct countermeasures in
response to electronic warfare attacks.
(K) A review of the sufficiency of experimentation,
testing, and training infrastructure, ranges, instrumentation,
and threat simulators required to support the development of
electromagnetic spectrum capabilities.
(L) A plan, and the estimated cost and schedule of
implementing the plan, to conduct joint campaign modeling and
wargaming for joint electromagnetic spectrum operations.
(M) Any other matters as the Secretary considers
appropriate.
(4) Periodic status reports.--Not later than 90 days after the
requirements and plans required by paragraph (1) are submitted in
accordance with paragraph (2), and every 180 days thereafter during
the three-year period beginning on the date such plans and
requirements are first submitted in accordance with paragraph (2),
the designated senior official shall submit to the congressional
defense committees a report describing the status of the efforts of
the Department in accomplishing the tasks specified in
subparagraphs (A) through (I) and (K) through (M) of paragraph (3).
(5) Comprehensive assessments and review.--Not later than 270
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees the
comprehensive assessments and review required under paragraph
(3)(J).
(e) Training and Education.--Consistent with the elements under
subsection (d)(3) of the plans and requirements required by subsection
(d)(1), the cross-functional team established pursuant to subsection
(c) shall provide the senior designated official recommendations for
programs to provide training and education to such members of the Armed
Forces and civilian employees of the Department as the Secretary
considers appropriate in order to ensure that such members and
employees understand the roles and vulnerabilities associated with
electronic warfare and dependence on the electromagnetic spectrum.
Subtitle E--Studies and Reports
SEC. 1061. ANNUAL REPORTS BY THE ARMED FORCES ON OUT-YEAR UNCONSTRAINED
TOTAL MUNITIONS REQUIREMENTS AND OUT-YEAR INVENTORY NUMBERS.
(a) Reports Required.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 222b, as added by section 1677,
the following new section:
``Sec. 222c. Armed forces: Out-Year Unconstrained Total Munitions
Requirements; Out-Year inventory numbers
``(a) Annual Reports.--At the same time each year that the budget
for the fiscal year beginning in such year is submitted to Congress
pursuant to section 1105(a) of title 31, the chief of staff of each
armed force (other than the Coast Guard) shall submit to the
congressional defense committees a report setting forth for such armed
force each of the following for such fiscal year, broken out as
specified in subsection (b):
``(1) The Out-Year Unconstrained Total Munitions Requirement.
``(2) The Out-Year inventory numbers.
``(b) Presentation.--The Out-Year Unconstrained Total Munitions
Requirement and Out-Year inventory numbers for an armed force for a
fiscal year pursuant to subsection (a) shall include specific inventory
objective requirements for each variant of munitions with respect to
each of the following:
``(1) Combat Requirement, broken out by operation plan (OPLAN).
``(2) Current Operation/Forward Presence Requirement.
``(3) Strategic Readiness Requirement.
``(4) Homeland Defense.
``(5) Training and Testing Requirement.
``(6) Total Out-Year Unconstrained Total Munitions Requirement,
calculated in accordance with the implementation guidance described
in subsection (c).
``(7) Out-year worldwide inventory.
``(c) Implementation Guidance Used.--In submitting information
pursuant to subsection (a) for a fiscal year, the chief of staff of
each armed force shall describe and explain the munitions requirements
process implementation guidance developed by the Under Secretary of
Defense for Acquisition and Sustainment and used by such armed force
for the munitions requirements process for such armed force for that
fiscal year.
``(d) Definitions.--In this section:
``(1) The term `chief of staff', with respect to the Marine
Corps, means the Commandant of the Marine Corps.