[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2452 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2452

 To provide for the improvement of the capacity of the Navy to conduct 
   surface warfare operations and activities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 2018

Mr. Wicker (for himself and Mr. McCain) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To provide for the improvement of the capacity of the Navy to conduct 
   surface warfare operations and activities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surface Warfare Enhancement Act of 
2018''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees defined.
               TITLE I--DEPARTMENT OF NAVY ADMINISTRATION

               Subtitle A--General Administration Matters

Sec. 101. Comprehensive review of operational and administrative 
                            chains-of-command and functions of the 
                            Department of the Navy.
Sec. 102. Expansion of principal duties of Assistant Secretary of the 
                            Navy for Research, Development, and 
                            Acquisition.
Sec. 103. Availability of certain operation and maintenance funds for 
                            the Navy.
Sec. 104. Training and readiness matrix for Navy surface ships.
Sec. 105. Annual reports on examination of Navy vessels.
Sec. 106. Limitation on duration of homeporting of certain vessels in 
                            foreign locations.
                     Subtitle B--Personnel Matters

Sec. 111. Assessment of Navy standard workweek and related adjustments.
Sec. 112. Watchstander records.
Sec. 113. Qualification experience requirements for certain Navy 
                            officer positions.
Sec. 114. Use of Navy Yard Patrol craft in Surface Warfare Officer 
                            School Basic Division Officer Courses.
Sec. 115. Manning of Forward Deployed Naval Forces.
Sec. 116. Limitation on transition to Ready Relevant Learning training 
                            approaches.
             TITLE II--DEPARTMENT OF DEFENSE ADMINISTRATION

               Subtitle A--General Administration Matters

Sec. 201. Authority to treat military units as unavailable for 
                            deployment due to a significant readiness 
                            deficiency.
Sec. 202. Annual report on Requests For Forces.
                     Subtitle B--Personnel Matters

Sec. 211. Annual defense manpower requirements report matters.
Sec. 212. Repeal of statutory specification of authorized strengths of 
                            certain commissioned officers on active 
                            duty.
Sec. 213. Reports on joint qualification requirements for senior 
                            officers.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    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.

               TITLE I--DEPARTMENT OF NAVY ADMINISTRATION

               Subtitle A--General Administration Matters

SEC. 101. 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) Rationalize organizations responsible for training and 
        certification.
            (4) Simplify reporting requirements applicable to 
        commanding officers.
            (5) Modify or eliminate unnecessary relationships or 
        requirements.
    (c) Report.--
            (1) In general.--Not later than September 30, 2018, 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 as 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. 102. 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. 103. AVAILABILITY OF CERTAIN OPERATION AND MAINTENANCE FUNDS FOR 
              THE NAVY.

    Notwithstanding any other provision of law, amounts authorized to 
be appropriated for any fiscal year after fiscal year 2017 for 
Operation and Maintenance, Navy, and available for Operating Forces 
shall be available through September 30 of the fiscal year after the 
fiscal year in which authorized.

SEC. 104. TRAINING AND READINESS MATRIX FOR NAVY SURFACE SHIPS.

    (a) In General.--Not later than September 30, 2018, the Secretary 
for the Navy shall implement a training and readiness matrix for Navy 
surface ships.
    (b) Elements.--The matrix required by subsection (a) shall identify 
each of the following:
            (1) The tasks each Navy surface ship shall accomplish in 
        each phase of training.
            (2) The number of times each such task shall be 
        demonstrated by each such ship.
            (3) The number of times each such task may be simulated by 
        each such ship.
            (4) The external grading criteria to be used for each such 
        ship in meeting the requirements for each level of 
        certification in connection with training.
            (5) Metrics of overall ship readiness to accurately 
        describe what each ship shall achieve and maintain for 
        certification in each warfare area.

SEC. 105. ANNUAL REPORTS ON EXAMINATION OF NAVY VESSELS.

    Section 7304 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Annual Report.--
            ``(1) In general.--Not later than January 1 each year, the 
        board designated under subsection (a) shall submit to the 
        congressional defense committees a report setting forth, for 
        each of the six most recently completed fiscal years, the 
        following:
                    ``(A) Overall aggregate material inspection score.
                    ``(B) Overall number and types of vessels 
                inspected.
                    ``(C) Surface ship aggregate material inspection 
                score.
                    ``(D) Number of surface ships inspected.
                    ``(E) Submarine aggregate material inspection 
                score.
                    ``(F) Number of submarines inspected.
                    ``(G) Aircraft carrier aggregate material 
                inspection score.
                    ``(H) Number of aircraft carriers inspected.
                    ``(I) Number and types of vessels which received a 
                failing material inspection score.
                    ``(J) Class Maintenance Plan compliance, by ship 
                class.
                    ``(K) Number of starred deficiencies, by ship 
                class, resulting from acceptance trial, integrated 
                trial, contract trial, or similar sea trial.
                    ``(L) Number of vessels inspected, by ship class, 
                at an acceptance trial, integrated trial, contract 
                trial, or similar sea trial.
            ``(2) Form.--Each report under this subsection shall be 
        submitted in unclassified form and in a format which permits 
        its ready release to the public.
            ``(3) Starred deficiencies defined.--In this subsection, 
        the term `starred deficiencies' means the following, as 
        identified by the board:
                    ``(A) Deficiencies (commonly referred to as `single 
                starred deficiencies') for which the Navy has assumed 
                responsibility that--
                            ``(i) significantly degrade a ship's 
                        ability to perform an assigned primary or 
                        secondary required operational capability; or
                            ``(ii) represent general safety, 
                        navigational safety, security, firefighting, 
                        habitability, or maintainability deficiencies 
                        that would prevent the crew of a ship from 
                        living on board safely or operating and 
                        maintaining ship systems.
                    ``(B) Similar deficiencies (commonly referred to as 
                `double-starred deficiencies') in ships constructed, 
                converted, or modernized with a separate fitting-out 
                period assigned away from the building site.''.

SEC. 106. LIMITATION ON DURATION OF HOMEPORTING OF CERTAIN VESSELS IN 
              FOREIGN LOCATIONS.

    (a) Limitation.--
            (1) In general.--Chapter 633 of title 10, United States 
        Code, is amended by inserting after section 7310 the following 
        new section:
``Sec. 7310a. Homeporting of certain vessels in overseas locations: 
              limitation on duration
    ``(a) In General.--A vessel specified in subsection (b) that is 
listed in the Naval Vessel Register may not be homeported in a location 
other than in the United States or Guam for a period of more than 10 
consecutive years.
    ``(b) Specified Vessels.--The vessels specified in this subsection 
are the following:
            ``(1) Aircraft carrier.
            ``(2) Amphibious ship.
            ``(3) Cruiser.
            ``(4) Destroyer.
            ``(5) Frigate.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 633 of such title is amended by inserting 
        after the item relating to section 7310 the following new item:

``7310a. Homeporting of certain vessels in overseas locations: 
                            limitation on duration.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2020, and shall apply with respect to the 
homeporting of vessels after that date, regardless of whether the 
continuous period of homeporting concerned commenced before that date.

                     Subtitle B--Personnel Matters

SEC. 111. ASSESSMENT OF NAVY STANDARD WORKWEEK AND RELATED ADJUSTMENTS.

    (a) Assessment.--The Secretary of the Navy shall conduct a 
comprehensive assessment of the Navy standard workweek.
    (b) Other Requirements.--The Secretary shall--
            (1) update Office of the Chief of Naval Operations 
        Instruction 1000.16L in order to--
                    (A) obtain an examination of current in-port 
                workloads; and
                    (B) identify the manpower necessary to execute in-
                port workload for all surface ship classes;
            (2) update the criteria used in the Instruction referred to 
        in paragraph (1) that are used to reassess the factors used to 
        calculate manpower requirements periodically or when conditions 
        change; and
            (3) using 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 shall identify and quantify added 
demands on Navy ship crews, including Ready Relevant Learning training 
periods and additional work that affects readiness and technical 
qualifications for Navy ship crews.
    (d) Deadline.--The Secretary shall complete carrying out the 
requirements in this section by not later than September 30, 2018.

SEC. 112. WATCHSTANDER RECORDS.

    The Secretary of the Navy shall require that, commencing not later 
than September 30, 2018, watchstanders on Navy surface ships shall 
maintain a career record of watchstanding hours and specific 
operational evolutions.

SEC. 113. QUALIFICATION EXPERIENCE REQUIREMENTS FOR CERTAIN NAVY 
              OFFICER POSITIONS.

    Not later than September 30, 2018, the Secretary of the Navy shall 
establish minimum at-sea and simulator time and evolution requirements 
to be satisfied to become and remain a qualified Navy officer in each 
position as follows:
            (1) Officer of the Deck.
            (2) Combat Information Center Watch Officer.
            (3) Tactical Action Officer.

SEC. 114. USE OF NAVY YARD PATROL CRAFT IN SURFACE WARFARE OFFICER 
              SCHOOL BASIC DIVISION OFFICER COURSES.

    (a) In General.--Commencing not later than March 1, 2020, the 
Secretary of the Navy shall provide for the use of not fewer than six 
Navy Yard Patrol craft in total at the Surface Warfare Officer School 
Basic Division Officer Course in San Diego, California, and Norfolk, 
Virginia.
    (b) Primary Mission of Craft.--The Navy Yard Patrol craft provided 
for as described in subsection (a) shall have the primary mission of 
providing Surface Warfare Officer candidates in the Course referred to 
in that subsection with foundational skills in an at-sea training 
environment. Such skills shall include skills that satisfy Navy 
personnel qualification standards associated with each of the 
following:
            (1) Shiphandling.
            (2) Navigation.
            (3) Radar operation.
            (4) Bridge resource management.
            (5) Seamanship.
            (6) Maintenance.
    (c) Qualification Requirement for Surface Warfare Officers 
Candidates.--Commencing not later than September 30, 2020, each Surface 
Warfare Officer candidate shall qualify as an Underway Officer of the 
Deck on a Navy Yard Patrol craft before completion of the Surface 
Warfare Officer School Basic Division Officer Course.

SEC. 115. MANNING OF FORWARD DEPLOYED NAVAL FORCES.

    (a) In General.--Commencing not later than October 1, 2019, the 
Secretary of the Navy shall maintain manning fit and manning fill for 
ships assigned to the Forward Deployed Naval Forces at levels not less 
than the levels established for each ship class or type of unit 
deploying from the United States.
    (b) Definitions.--In this section:
            (1) Manning fit.--The term ``manning fit'', in the case of 
        a ship, means the skills (rating), specialty skills (Navy 
        Enlisted Classifications), and experience (paygrade) for the 
        ship when compared with the billets authorized for such skills 
        and experience. For purposes of the term, a sailor in a more 
        senior paygrade may fill the billet of a more junior paygrade, 
        but a sailor in a more junior paygrade may not fill the billet 
        of a more senior paygrade.
            (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.

SEC. 116. LIMITATION ON TRANSITION TO READY RELEVANT LEARNING TRAINING 
              APPROACHES.

    The Secretary of the Navy may not transition any enlisted training 
to Ready Relevant Learning block learning, modernized delivery, or 
other similar approaches unless the first certification submitted to 
Congress pursuant to section 545 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115-91) after the date of the 
enactment of this Act specifies, as required by such section, each of 
the following:
            (1) That the transition will meet or exceed the existing 
        training delivery approach for all associated training 
        requirements.
            (2) That the content re-engineering necessary to meet all 
        training objectives will be complete before the transition, 
        including full functionality of all required course software 
        and hardware.
            (3) That the contracting actions agreed upon to carry out 
        the transition contain sufficient specification detail to 
        enable a low-risk approach to receiving the deliverable end 
        item or items on-budget, on-schedule, and with satisfactory 
        performance.

             TITLE II--DEPARTMENT OF DEFENSE ADMINISTRATION

               Subtitle A--General Administration Matters

SEC. 201. AUTHORITY TO TREAT MILITARY UNITS AS UNAVAILABLE FOR 
              DEPLOYMENT DUE TO A SIGNIFICANT READINESS DEFICIENCY.

    (a) Request To Treat.--
            (1) In general.--A member of the Joint Chiefs of Staff, 
        other than the Chairman or Vice Chairman of the Joint Chiefs of 
        Staff, may request the Secretary of Defense to treat a military 
        unit of an Armed Force or Armed Forces of which such member is 
        a chief of staff as unavailable for a scheduled deployment due 
        to a significant readiness deficiency or deficiencies.
            (2) Units of the national guard.--For purposes of this 
        section, a unit of the National Guard has the following as a 
        chief of staff:
                    (A) The Chief of Staff of the Army and the Chief of 
                the National Guard Bureau, in the case of the Army 
                National Guard of the United States.
                    (B) The Chief of Staff of the Air Force and the 
                Chief of the National Guard Bureau, in the case of the 
                Air National Guard of the United States.
    (b) Final Decision on Request Nondelegable.--The Secretary of 
Defense may not delegate the final decision on any request under 
subsection (a).
    (c) Notice to Congress on Action Upon Request.--
            (1) Notice required.--Not later than 30 days after the 
        Secretary of Defense acts on a request under subsection (a), 
        the Secretary shall submit to the congressional defense 
        committees a written notice on such action.
            (2) Elements.--The notice on any requested action under 
        subsection (a) shall include the following:
                    (A) The military unit covered by the requested 
                action.
                    (B) A description of the significant readiness 
                deficiency or deficiencies providing the basis for the 
                requested action.
                    (C) The action of the Secretary.
                    (D) If the military unit is treated by the 
                Secretary as unavailable for a scheduled deployment--
                            (i) a description of the scheduled 
                        deployment dates, missions, and locations for 
                        which the unit is unavailable;
                            (ii) a description of the actions, if any, 
                        taken to mitigate the unavailability of the 
                        unit; and
                            (iii) a description of the risks, if any, 
                        resulting from treating the unit as 
                        unavailable.

SEC. 202. ANNUAL REPORT ON REQUESTS FOR FORCES.

    (a) Annual Report Required.--Not later than January 1, 2019, and 
each year thereafter, the Secretary of Defense shall submit to the 
congressional defense committees a report on all Requests For Forces 
(RFFs) involving military units (other than military units of the Coast 
Guard when it is not operating as a service in the Navy) during the 
preceding fiscal year.
    (b) Elements.--Each report under subsection (a) shall set forth, 
for the fiscal year covered by such report, the following:
            (1) A description of each Request for Forces described by 
        that subsection, including the force package sought and 
        associated dates and locations.
            (2) The extent to which each such Request for Forces was 
        sourced by the Department of Defense, including the force 
        package provided and associated dates and locations.
            (3) If any such Request For Forces was partially sourced or 
        not sourced--
                    (A) the rationale for such partial sourcing or non-
                sourcing; and
                    (B) a description of any mitigation measures taken 
                in response to such partial sourcing or non-sourcing.

                     Subtitle B--Personnel Matters

SEC. 211. 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) Enumeration of Required Numbers of Certain Commissions 
Officers.--Such section is further amended by adding at the end the 
following new subsection:
    ``(i) In each such report, the Secretary shall also include a 
separate statement of the number of officers required for the next 
fiscal year in each grade as follows:
            ``(1) Major, lieutenant colonel, and colonel of each of the 
        Army, the Air Force, and the Marine Corps.
            ``(2) Lieutenant commander, commander, and captain of the 
        Navy.''.

SEC. 212. REPEAL OF STATUTORY SPECIFICATION OF AUTHORIZED STRENGTHS OF 
              CERTAIN COMMISSIONED OFFICERS ON ACTIVE DUTY.

    Effective as of October 1, 2018, the text of section 523 of title 
10, United States Code, is amended to read as follows:
    ``The total number of commissioned officers serving on active duty 
in the Army, Air Force, or Marine Corps in each of the grades of major, 
lieutenant colonel, or colonel, or in the Navy in each of the grades of 
lieutenant commander, commander, or captain, at the end of any fiscal 
year shall be as specifically authorized by statute for such fiscal 
year.''.

SEC. 213. REPORTS ON JOINT QUALIFICATION REQUIREMENTS FOR SENIOR 
              OFFICERS.

    (a) Reports Required.--Not later than six months after the date of 
the enactment of this Act, each Secretary of a military department 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report setting forth the results of a 
review, undertaken by the Secretary of the military department 
concerned for purposes of such report, of the requirements and policies 
of the Department of Defense related to the management of joint 
qualifications for officers before promotion to general or flag officer 
grade.
    (b) Elements.--Each report required by subsection (a) shall include 
an analysis of the following:
            (1) The effect of joint qualification requirements on the 
        ability of the military department concerned to train and 
        develop critical military department-specific operational 
        skills.
            (2) The effect of joint qualification requirements on the 
        growth of joint headquarters organizations within the military 
        department concerned.
            (3) The number of waivers granted by the Secretary of 
        Defense under section 619a(b) of title 10, United States Code, 
        during the period beginning on October 1, 2001, and ending on 
        the date of such report, for the Armed Force or Armed Forces 
        under the jurisdiction of the Secretary of the military 
        department concerned.
            (4) The effect of joint qualification requirements on the 
        average length of assignments predating promotions to general 
        or flag officer grade within the military department concerned 
        during the period beginning on January 1, 1987, and ending on 
        the date of such report.
            (5) Any other matters the Secretary of the military 
        department concerned considers appropriate to facilitate an 
        understanding of the effects of joint qualification 
        requirements on the training and management of officers within 
        such military department.
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