[Congressional Record Volume 163, Number 153 (Monday, September 25, 2017)]
[Senate]
[Pages S5889-S6088]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018
On Monday, September 18, 2017, the Senate passed H.R. 2810, as
amended, as follows:
H.R. 2810
Resolved, That the bill from the House of Representatives
(H.R. 2810) entitled ``An Act to authorize appropriations for
fiscal year 2018 for military activities of the Department of
Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other
purposes.'', do pass with the following amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2018''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into six divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Additional Provisions.
(6) Division F--Further Additional Provisions.
(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. Transfer of excess High Mobility Multipurpose Wheeled
Vehicles to foreign countries.
Sec. 112. Limitation on availability of funds for Army Air-Land Mobile
Tactical Communications and Data Network, including
Warfighter Information Network-Tactical (WIN-T).
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for Virginia class submarine
program.
Sec. 122. Arleigh Burke class destroyers.
Sec. 123. Multiyear procurement authority for V-22 joint aircraft
program.
Sec. 124. Design and construction of amphibious ship replacement
designated LX(R) or amphibious transport dock designated
LPD-30.
Sec. 125. Modification of cost limitation baseline for CVN-78 class
aircraft carrier program.
Sec. 126. Extension of limitation on use of sole-source shipbuilding
contracts for certain vessels.
Sec. 127. Certification of the enhanced multi mission parachute system
for the United States Marine Corps.
Subtitle D--Air Force Programs
Sec. 131. Inventory requirement for Air Force fighter aircraft.
Sec. 132. Comptroller General review of total force integration
initiatives for reserve component rescue squadrons.
Sec. 133. Authority to increase Primary Aircraft Authorization of Air
Force and Air National Guard A-10 aircraft units for
purposes of facilitating A-10 conversion.
Sec. 134. Requirement for continuation of E-8 JSTARS recapitalization
program.
Sec. 135. Prohibition on availability of funds for retirement of E-8
JSTARS aircraft.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. F-35 economic order quantity contracting authority.
Sec. 142. Authority for Explosive Ordnance Disposal units to acquire
new or emerging technologies and capabilities.
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. Mechanisms for expedited access to technical talent and
expertise at academic institutions to support Department
of Defense missions.
Sec. 212. Codification and enhancement of authorities to provide funds
for defense laboratories for research and development of
technologies for military missions.
Sec. 213. Modification of laboratory quality enhancement program.
Sec. 214. Prizes for advanced technology achievements.
Sec. 215. Expansion of definition of competitive procedures to include
competitive selection for award of research and
development proposals.
Sec. 216. Inclusion of modeling and simulation in test and evaluation
activities for purposes of planning and budget
certification.
Sec. 217. Differentiation of research and development activities from
service activities.
Sec. 218. Designation of additional Department of Defense science and
technology reinvention laboratories.
Sec. 219. Department of Defense directed energy weapon system
prototyping and demonstration program.
Sec. 220. Authority for the Under Secretary of Defense for Research and
Engineering to promote innovation in the Department of
Defense.
Sec. 221. Limitation on availability of funds for F-35 Joint Strike
Fighter Follow-On Modernization.
Sec. 222. Improvement of update process for populating mission data
files used in advanced combat aircraft.
Subtitle C--Reports and Other Matters
Sec. 231. Competitive acquisition plan for low probability of detection
data link networks.
Sec. 232. Clarification of selection dates for pilot program for the
enhancement of the research, development, test, and
evaluation centers of the Department of Defense.
Sec. 233. Requirement for a plan to build a prototype for a new ground
combat vehicle for the Army.
Sec. 234. Plan for successfully fielding the Integrated Air and Missile
Defense Battle Command System.
Sec. 235. Sense of Congress on hypersonic weapons.
Sec. 236. Importance of historically Black colleges and universities
and minority-serving institutions.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Logistics and Sustainment
Sec. 311. Sentinel Landscapes Partnership.
Sec. 312. Increased percentage of sustainment funds authorized for
realignment to restoration and modernization at each
installation.
Subtitle C--Reports
Sec. 321. Plan for modernized, dedicated Department of the Navy
adversary air training enterprise.
Subtitle D--Other Matters
Sec. 331. Defense Siting Clearinghouse.
Sec. 332. Temporary installation reutilization authority for arsenals,
depots, and plants.
Sec. 333. Pilot program for operation and maintenance budget
presentation.
Sec. 334. Servicewomen's commemorative partnerships.
Sec. 335. Authority for agreements to reimburse States for costs of
suppressing wildfires on State lands caused by Department
of Defense activities under leases and other grants of
access to State lands.
Sec. 336. Repurposing and reuse of surplus Army firearms.
Sec. 337. Department of the Navy marksmanship awards.
Sec. 338. Modification of the Second Division Memorial.
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Subtitle E--Energy and Environment
Sec. 341. Authority to carry out environmental restoration activities
at National Guard and Reserve locations.
Sec. 342. Special considerations for energy performance goals.
Sec. 343. Centers for Disease Control study on health implications of
per- and polyfluoroalkyl substances contamination in
drinking water.
Sec. 344. Environmental oversight and remediation at Red Hill Bulk Fuel
Storage Facility.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2018 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 416. Number of members of the National Guard on full-time duty in
support of the reserves within the National Guard Bureau.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Clarification of baselines for authorized numbers of general
and flag officers on active duty and in joint duty
assignments.
Sec. 502. Authority of promotion boards to recommend officers of
particular merit be placed at the top of the promotion
list.
Sec. 503. Clarification to exception for removal of officers from list
of officers recommended for promotion after 18 months
without appointment.
Sec. 504. Flexibility in promotion of officers to positions of Staff
Judge Advocate to the Commandant of the Marine Corps and
Deputy Judge Advocate General of the Navy.
Sec. 505. Repeal of requirement for specification of number of officers
who may be recommended for early retirement by a
Selective Early Retirement Board.
Sec. 506. Extension of service-in-grade waiver authority for voluntary
retirement of certain general and flag officers for
purposes of enhanced flexibility in officer personnel
management.
Sec. 507. Inclusion of Principal Military Deputy to the Assistant
Secretary of the Army for Acquisition, Technology, and
Logistics among officers subject to repeal of statutory
specification of general officer grade.
Sec. 508. Clarification of effect of repeal of statutory specification
of general or flag officer grade for various positions in
the Armed Forces.
Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates
General of the Navy as of repeal of statutory
specification of general and flag officers grades in the
Armed Forces.
Sec. 510. Service credit for cyberspace experience or advanced
education upon original appointment as a commissioned
officer.
Sec. 510A. Authority for officers to opt-out of promotion board
consideration.
Sec. 510B. Reauthorization of authority to order retired members to
active duty in high-demand, low-density assignments.
Subtitle B--Reserve Component Management
Sec. 511. Consolidation of authorities to order members of the reserve
components of the Armed Forces to perform duty.
Sec. 512. Establishment of Office of Complex Investigations within the
National Guard Bureau.
Sec. 513. Review of effects of personnel requirements and limitations
on the availability of members of the National Guard for
the performance of funeral honors duty for veterans.
Sec. 514. Training for National Guard personnel on wildfire response.
Sec. 515. Plan to meet demand for cyberspace career fields in the
reserve components of the Armed Forces.
Subtitle C--General Service Authorities
Sec. 516. Report on policies for regular and reserve officer career
management.
Sec. 517. Responsibility of Chiefs of Staff of the Armed Forces for
standards and qualifications for military specialties
within the Armed Forces.
Sec. 518. Confidential review of characterization of terms of discharge
of members of the Armed Forces who are survivors of
sexual assault.
Sec. 519. Improvements to certain authorities and procedures of
discharge review boards.
Sec. 520. Public availability of information related to disposition of
claims regarding discharge or release of members of the
Armed Forces when the claims involve sexual assault.
Sec. 520A. Modification of basis for extension of period for enlistment
in the Armed Forces under the Delayed Entry Program.
Subtitle D--Military Justice Matters
Sec. 521. Revision to Manual for Courts-Martial with respect to
dissemination of visual depictions of private areas or
sexually explicit conduct without the consent of the
person depicted.
Sec. 522. Technical and conforming amendments in connection with reform
of the Uniform Code of Military Justice.
Sec. 523. Priority of review by Court of Appeals for the Armed Forces
of decisions of Courts of Criminal Appeals on petitions
for enforcement of victims' rights.
Sec. 524. Assistance of defense counsel in additional post-trial
matters for accused convicted by court-martial.
Sec. 525. Enumeration of additional limitations on acceptance of plea
agreements by military judges of general or special
courts-martial.
Sec. 526. Additional proceedings by Courts of Criminal Appeals by order
of United States Court of Appeals for the Armed Forces.
Sec. 527. Clarification of applicability and effective dates for
statute of limitations amendments in connection with
Uniform Code of Military Justice Reform.
Sec. 528. Modification of year of initial review by Military Justice
Review Panel of Uniform Code of Military Justice reform
amendments.
Sec. 529. Clarification of applicability of certain provisions of law
to civilian judges of the United States Court of Military
Commission Review.
Sec. 530. Enhancement of effective prosecution and defense in courts-
martial and related matters.
Sec. 531. Court of Appeals for the Armed Forces jurisdiction to review
interlocutory appeals of decisions on certain petitions
for writs of mandamus.
Sec. 532. Punitive article on wrongful broadcast or distribution of
intimate visual images or visual images of sexually
explicit conduct under the Uniform Code of Military
Justice.
Sec. 533. Report on availability of postsecondary credit for skills
acquired during military service.
Subtitle E--Member Education, Training, Transition, and Resilience
Sec. 541. Ready, Relevant Learning initiative of the Navy.
Sec. 542. Element in preseparation counseling for members of the Armed
Forces on assistance and support services for caregivers
of certain veterans through the Department of Veterans
Affairs.
Sec. 543. Discharge in the Selected Reserve of the commissioned service
obligation of military service academy graduates who
participate in professional athletics.
Sec. 544. Pilot programs on appointment in the excepted service in the
Department of Defense of physically disqualified former
cadets and midshipmen.
Sec. 545. Limitation on availability of funds for attendance of Air
Force enlisted personnel at Air Force officer
professional military education in-residence courses.
Sec. 546. Pilot program on integration of Department of Defense and
non-Federal efforts for civilian employment of members of
the Armed Forces following transition from active duty to
civilian life.
Sec. 547. Two-year extension of suicide prevention and resilience
program for the National Guard and Reserves.
Sec. 548. Sexual assault prevention and response training for all
individuals enlisted in the Armed Forces under a delayed
entry program.
Sec. 549. Use of assistance under Department of Defense Tuition
Assistance Program for non-traditional education to
develop cybersecurity and computer coding skills.
Sec. 550. Sense of Senate on increasing enrollment in Senior Reserve
Officers' Training Corps programs at minority-serving
institutions.
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
PART I--Defense Dependents' Education Matters
Sec. 551. Impact aid for children with severe disabilities.
Sec. 552. Continuation of authority to assist local educational
agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees.
Sec. 553. One-year extension of authorities relating to the transition
and support of military dependent students to local
educational agencies.
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PART II--Military Family Readiness Matters
Sec. 556. Housing treatment for certain members of the Armed Forces,
and their spouses and other dependents, undergoing a
permanent change of station within the United States.
Sec. 557. Direct hire authority for Department of Defense for childcare
services providers for Department child development
centers.
Sec. 558. Report on expanding and contracting for childcare services of
the Department of Defense.
Sec. 559. Report on review of General Schedule pay grades of childcare
services providers of the Department of Defense.
Sec. 560. Pilot program on public-private partnerships for telework
facilities on military installations outside the United
States.
Sec. 561. Report on mechanisms to facilitate the obtaining by military
spouses of professional licenses or credentials in other
States.
Sec. 562. Additional military childcare matters.
Sec. 563. Mechanisms to facilitate the obtaining by military spouses of
occupational licenses or credentials in other States.
Subtitle G--Decorations and Awards
Sec. 571. Authority of Secretary of the Army to award the Personnel
Protection Equipment award of the Army to former members
of the Army.
Sec. 572. Authorization for award of Distinguished Service Cross to
Specialist Frank M. Crary for acts of valor in Vietnam.
Subtitle H--Other Matters
Sec. 581. Modification of submittal date of Comptroller General of the
United States report on integrity of the Department of
Defense whistleblower program.
Sec. 582. Report to Congress on accompanied and unaccompanied tours of
duty in remote locations with high family support costs.
Sec. 583. Authorization of support for Beyond Yellow Ribbon programs.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2018 increase in military basic pay.
Sec. 602. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain
circumstances.
Sec. 603. Adjustment to basic allowance for housing at with dependents
rate of certain members of the uniformed services.
Sec. 604. Modification of authority of President to determine
alternative pay adjustment in annual basic pay of members
of the uniformed services.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of
other title 37 bonuses and special pays.
Sec. 616. Aviation bonus matters.
Sec. 617. Special aviation incentive pay and bonus authorities for
enlisted members who pilot remotely piloted aircraft.
Sec. 618. Technical and conforming amendments relating to 2008
consolidation of special pay authorities.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
PART I--Amendments in Connection With Retired Pay Reform
Sec. 631. Adjustments to Survivor Benefit Plan for members electing
lump sum payments of retired pay under the modernized
retirement system for members of the uniformed services.
Sec. 632. Technical correction regarding election to participate in
modernized retirement system for reserve component
members experiencing a break in service.
Sec. 633. Promotion of financial literacy concerning retirement among
members of the Armed Forces.
PART II--Other Matters
Sec. 636. Authority for the Secretaries of the military departments to
provide for care of remains of those who die on active
duty and are interred in a foreign cemetery.
Sec. 637. Technical corrections to use of member's current pay grade
and years of service in a division of property involving
disposable retired pay.
Sec. 638. Permanent extension and cost-of-living adjustments of special
survivor indemnity allowances under the Survivor Benefit
Plan.
Subtitle D--Other Matters
Sec. 651. Construction of domestic source requirement for footwear
furnished to enlisted members of the Armed Forces on
initial entry into the Armed Forces.
Sec. 652. Inclusion of Department of Agriculture in Transition
Assistance Program.
Sec. 653. Review and update of regulations governing debt collectors
interactions with unit commanders.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. TRICARE Advantage demonstration program.
Sec. 702. Continued access to medical care at facilities of the
uniformed services for certain members of the reserve
components.
Sec. 703. Modification of eligibility for TRICARE Reserve Select and
TRICARE Retired Reserve of certain members of the reserve
components.
Sec. 704. Expedited evaluation and treatment for prenatal surgery under
the TRICARE program.
Sec. 705. Specification that individuals under the age of 21 are
eligible for hospice care services under the TRICARE
program.
Sec. 706. Modifications of cost-sharing requirements for the TRICARE
Pharmacy Benefits Program and treatment of certain
pharmaceutical agents.
Sec. 707. Consolidation of cost-sharing requirements under TRICARE
Select and TRICARE Prime.
Sec. 708. TRICARE technical amendments.
Sec. 709. Contraception coverage parity under the TRICARE program.
Subtitle B--Health Care Administration
Sec. 721. Modification of priority for evaluation and treatment of
individuals at military treatment facilities.
Sec. 722. Selection of directors of military treatment facilities and
tours of duty of such directors.
Sec. 723. Clarification of administration of military medical treatment
facilities.
Sec. 724. Modification of execution of TRICARE contracting
responsibilities.
Sec. 725. Pilot program on establishment of integrated health care
delivery systems.
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. Additional emergency uses for medical products to reduce
deaths and severity of injuries caused by agents of war.
Sec. 733. Prohibition on conduct of certain medical research and
development projects.
Sec. 734. Modification of determination of average wait times at urgent
care clinics and pharmacies at military medical treatment
facilities under pilot program.
Sec. 735. Report on plan to improve pediatric care and related services
for children of members of the Armed Forces.
Sec. 736. Inclusion of gambling disorder in health assessments and
related research efforts of the Department of Defense.
Sec. 737. Feasibility study on conduct of pilot program on mental
health readiness of part-time members of the reserve
components of the Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Repeal of temporary suspension of public-private competitions
for conversion of Department of Defense functions to
performance by contractors.
Sec. 802. Technical and conforming amendments related to program
management provisions.
Sec. 803. Should-cost management.
Sec. 804. Clarification of purpose of Defense acquisition.
Sec. 805. Defense policy advisory committee on technology.
Sec. 806. Report on extension of development, acquisition, and
sustainment authorities of the military departments to
the United States Special Operations Command.
Sec. 807. Ensuring transparency in acquisition programs.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Waiver authority for purposes of expanding competition.
Sec. 812. Increased simplified acquisition threshold applicable to
Department of Defense procurements.
Sec. 813. Increased threshold for cost or pricing data and truth in
negotiations requirements.
Sec. 814. Contract authority for advanced development of initial or
additional prototype units.
Sec. 815. Treatment of independent research and development costs on
certain contracts.
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Sec. 816. Non-traditional contractor definition.
Sec. 817. Repeal of domestic source restriction related to wearable
electronics.
Sec. 818. Use of outcome-based and performance-based requirements for
services contracts.
Sec. 819. Pilot program for longer term multiyear service contracts.
Sec. 820. Identification of commercial services.
Sec. 821. Government Accountability Office bid protest reforms.
Sec. 822. Enhanced post-award debriefing rights.
Sec. 823. Limitation on unilateral definitization.
Sec. 824. Restriction on use of reverse auctions and lowest price
technically acceptable contracting methods for safety
equipment.
Sec. 825. Use of lowest price technically acceptable source selection
process.
Sec. 826. Middle tier of acquisition for rapid prototype and rapid
fielding.
Sec. 827. Elimination of cost underruns as factor in calculation of
penalties for cost overruns.
Sec. 828. Contract closeout authority.
Sec. 829. Service contracts of the Department of Defense.
Sec. 830. Department of Defense contractor workplace safety and
accountability.
Sec. 831. Department of Defense promotion of contractor compliance with
existing law.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 835. Revisions to definition of major defense acquisition program.
Sec. 836. Prohibition on use of lowest price technically acceptable
source selection process for major defense acquisition
programs.
Sec. 837. Role of the Chief of the armed force in material development
decision and acquisition system milestones.
Subtitle D--Provisions Related to Acquisition Workforce
Sec. 841. Training in commercial items procurement.
Sec. 842. Modification of definition of acquisition workforce to
include personnel engaged in the acquisition or
development of cybersecurity systems.
Sec. 843. Training and support for programs pursuing agile acquisition
methods.
Sec. 844. Credits to Department of Defense Acquisition Workforce
Development Fund.
Subtitle E--Provisions Related to Commercial Items
Sec. 851. Modification to definition of commercial items.
Sec. 852. Revision to definition of commercial item.
Sec. 853. Commercial item determinations.
Sec. 854. Preference for acquisition of commercial items.
Sec. 855. Inapplicable laws and regulations.
Subtitle F--Industrial Base Matters
Sec. 861. Review regarding applicability of foreign ownership, control,
or influence requirements of National Security Industrial
Program to national technology and industrial base
companies.
Sec. 862. Pilot program on strengthening manufacturing in defense
industrial base.
Sec. 863. Sunset of certain provisions relating to the industrial base.
Subtitle G--International Contracting Matters
Sec. 865. Procurement exception relating to agreements with foreign
governments.
Sec. 866. Applicability of cost and pricing data certification
requirements.
Sec. 867. Enhancing program licensing.
Subtitle H--Other Transactions
Sec. 871. Other transaction authority.
Sec. 872. Education and training for transactions other than contracts
and grants.
Sec. 873. Preference for use of other transactions and experimental
authority.
Sec. 874. Methods for entering into research agreements.
Subtitle I--Development and Acquisition of Software Intensive and
Digital Products and Services
Sec. 881. Rights in technical data.
Sec. 882. Defense Innovation Board analysis of software acquisition
regulations.
Sec. 883. Pilot to tailor software-intensive major programs to use
agile methods.
Sec. 884. Review and realignment of defense business systems to
emphasize agile methods.
Sec. 885. Software development pilot using agile best practices.
Sec. 886. Use of open source software.
Subtitle J--Other Matters
Sec. 891. Improved transparency and oversight over Department of
Defense research, development, test, and evaluation
efforts and procurement activities related to medical
research.
Sec. 892. Rights in technical data related to medical research.
Sec. 893. Oversight, audit, and certification from the Defense Contract
Audit Agency for procurement activities related to
medical research.
Sec. 894. Requirements for Defense Contract Audit Agency report.
Sec. 895. Prototype projects to digitize defense acquisition
regulations, policies, and guidance, and empower user
tailoring of acquisition process.
Sec. 896. Pilot program for adoption of acquisition strategy for
Defense Base Act insurance.
Sec. 897. Phase III awards.
Sec. 898. Pilot program for streamlined technology transition from the
SBIR and STTR programs of the Department of Defense.
Sec. 899. Annual report on limitation of subcontractor intellectual
property rights.
Sec. 899A. Extension from 20 to 30 years of maximum total period for
Department of Defense contracts for storage, handling, or
distribution of liquid fuels and natural gas.
Sec. 899B. Exception for Department of Defense contracts from
requirement that business operations conducted under
government contracts accept and dispense $1 coins.
Sec. 899C. Investing in rural small businesses.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Chief Management Officer of the Department of Defense.
Sec. 902. Realignment of responsibilities, duties, and powers of Chief
Information Officer of the Department of Defense.
Sec. 903. Clarification of authority of Under Secretary of Defense for
Acquisition and Sustainment with respect to service
acquisition programs for which the service acquisition
executive is the milestone decision authority.
Sec. 904. Executive Schedule matters relating to Under Secretary of
Defense for Acquisition and Sustainment.
Sec. 905. Technical amendment.
Sec. 906. Redesignation of Under Secretary of Defense for Personnel and
Readiness as Under Secretary of Defense for Personnel and
Health.
Sec. 907. Qualifications for appointment and additional duties and
powers of certain officials within the Office of the
Under Secretary of Defense (Comptroller).
Sec. 908. Five-year period of relief from active duty as a commissioned
officer of a regular component of the Armed Forces for
appointment to Under Secretary of Defense positions.
Sec. 909. Redesignation of Principal Deputy Under Secretaries of
Defense as Deputy Under Secretaries of Defense and
related matters.
Sec. 910. Reduction of number and elimination of specific designations
of Assistant Secretaries of Defense.
Sec. 911. Limitation on maximum number of Deputy Assistant Secretaries
of Defense.
Sec. 912. Modification of definition of OSD personnel for purposes of
limitation on number of Office of Secretary of Defense
personnel.
Subtitle B--Organization of Other Department of Defense Offices and
Elements
Sec. 921. Reduction in authorized number of Assistant Secretaries of
the military departments.
Sec. 922. Qualifications for appointment of Assistant Secretaries of
the military departments for financial management.
Subtitle C--Organization and Management of the Department of Defense
Generally
Sec. 931. Reduction in limitation on number of Department of Defense
SES positions.
Sec. 932. Manner of carrying out reductions in major Department of
Defense headquarters activities.
Sec. 933. Certifications on cost savings achieved by reductions in
major Department of Defense headquarters activities.
Sec. 934. Direct hire authority for the Department of Defense for
personnel to assist in business transformation and
management innovation.
Sec. 935. Data analytics capability for support of enhanced oversight
and management of the Defense Agencies and Department of
Defense Field Activities.
Sec. 936. Enhanced use of data analytics to improve acquisition program
outcomes.
Sec. 937. Pilot programs on data integration strategies for the
Department of Defense.
Sec. 938. Background and security investigations for Department of
Defense personnel.
Subtitle D--Other Matters
Sec. 951. Transfer of lead of Guam Oversight Council from the Deputy
Secretary of Defense to the Secretary of the Navy.
Sec. 952. Corrosion control and prevention executives matters.
Sec. 953. Requirement for National Language Service Corps.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
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Sec. 1002. Calculations for payments into Department of Defense
Military Retirement Fund using single level percentage of
basic pay determined on Armed Force-wide rather than
Armed Forces-wide basis.
Sec. 1003. Certifications on audit readiness of the Department of
Defense and the military departments, Defense Agencies,
and other organizations and elements of the Department of
Defense.
Sec. 1004. Failure to obtain audit opinion on fiscal year full
financial statements of the Department of Defense.
Sec. 1005. Improper payment matters.
Sec. 1006. Financial operations dashboard for the Department of
Defense.
Sec. 1007. Comptroller General of the United States recommendations on
audit capabilities and infrastructure and related
matters.
Sec. 1008. Information on Department of Defense funding in Department
press releases and related public statements on programs,
projects, and activities funded by the Department.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension and modification of authority to support a unified
counterdrug and counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1016. Policy of the United States on minimum number of battle
force ships.
Sec. 1017. Operational readiness of Littoral Combat Ships on extended
deployment.
Sec. 1018. Authority to purchase used vessels to recapitalize the Ready
Reserve Force and the Military Sealift Command surge
fleet.
Sec. 1019. Surveying ships.
Sec. 1020. Pilot program on funding for national defense sealift
vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of 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. 1032. Extension of 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. 1033. Extension of prohibition on use of funds for transfer or
release to certain countries of individuals detained at
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1034. Extension of prohibition on use of funds for realignment of
forces at or closure of United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1035. Authority to transfer individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, to the United States
temporarily for emergency or critical medical treatment.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Matters relating to the submittal of future-years defense
programs.
Sec. 1042. Department of Defense integration of information operations
and cyber-enabled information operations.
Sec. 1043. Prohibition on lobbying activities with respect to the
Department of Defense by certain officers of the Armed
Forces and civilian employees of the Department within
two years of separation from military service or
employment with the Department.
Sec. 1044. Definition of ``unmanned aerial vehicle'' for purposes of
title 10, United States Code.
Sec. 1045. Technical amendment relating to management of military
technicians.
Sec. 1046. Extension of prohibition on use of funds for retirement of
legacy maritime mine countermeasure platforms.
Sec. 1047. Sense of Congress on the basing of KC-46A aircraft outside
the continental United States.
Sec. 1048. Authorization to procure up to six polar-class icebreakers.
Sec. 1049. Sense of Congress on use of test sites for research and
development on countering unmanned aircraft systems.
Subtitle F--Studies and Reports
Sec. 1061. Assessment of global force posture.
Sec. 1062. Army modernization strategy.
Sec. 1063. Report on Army plan to improve operational unit readiness by
reducing number of non-deployable soldiers assigned to
operational units.
Sec. 1064. Efforts to combat physiological episodes on certain Navy
aircraft.
Sec. 1065. Studies on aircraft inventories for the Air Force.
Sec. 1066. Plan and recommendations for interagency vetting of foreign
investments with potential impacts on national defense
and national security.
Sec. 1067. Report on authorities for the employment, use, and status of
National Guard and Reserve technicians.
Sec. 1068. Conforming repeals and technical amendments in connection
with reports of the Department of Defense whose submittal
to Congress has previously been terminated by law.
Sec. 1069. Annual reports on approval of employment or compensation of
retired general or flag officers by foreign governments
for Emoluments Clause purposes.
Sec. 1070. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1071. Report on large-scale, joint exercises involving the air and
land domains.
Sec. 1072. Department of Defense review of Navy capabilities in the
Arctic region.
Sec. 1073. Business case analysis on establishment of active duty
association and additional primary aircraft
authorizations for the 168th Air Refueling Wing.
Sec. 1074. Report on Navy capacity to increase production of anti-
submarine warfare and search and rescue rotary wing
aircraft in light of increase in the size of the surface
fleet to 355 ships.
Subtitle G--Other Matters
Sec. 1081. Protection against misuse of Naval Special Warfare Command
insignia.
Sec. 1082. Collaborations between the Armed Forces and certain non-
Federal entities on support of Armed Forces missions
abroad.
Sec. 1083. Federal charter for Spirit of America.
Sec. 1084. Reconsideration of claims for disability compensation for
veterans who were the subjects of mustard gas or lewisite
experiments during World War II.
Sec. 1085. Prize competition to identify root cause of physiological
episodes on Navy, Marine Corps, and Air Force training
and operational aircraft.
Sec. 1086. Exception to the interdepartmental waiver doctrine for
cleanup of vehicle crashes.
Sec. 1087. Transfer of surplus firearms to Corporation for the
Promotion of Rifle Practice and Firearms Safety.
Sec. 1088. Prevention of certain health care providers from providing
non-Department health care services to veterans.
Sec. 1089. Declassification by Department of Defense of certain
incidents of exposure of members of the Armed Forces to
toxic substances.
Sec. 1089A. Carriage of certain programming.
Subtitle H--Modernizing Government Technology
Sec. 1091. Short title.
Sec. 1092. Definitions.
Sec. 1093. Establishment of agency information technology systems
modernization and working capital funds.
Sec. 1094. Establishment of technology modernization fund and board.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Department of Defense Matters
Sec. 1101. Pilot program on enhanced personnel management system for
cybersecurity and legal professionals in the Department
of Defense.
Sec. 1102. 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. 1103. Permanent authority for demonstration projects relating to
acquisition personnel management policies and procedures.
Sec. 1104. Establishment of senior scientific technical managers at
Major Range and Test Facility Base facilities and Defense
Test Resource Management Center.
Sec. 1105. Extension of temporary direct hire authority for domestic
defense industrial base facilities and the major range
and test facilities base.
Sec. 1106. Direct hire authority for financial management experts in
the Department of Defense workforce.
Sec. 1107. Authority for waiver of requirement for a baccalaureate
degree for positions in the Department of Defense on
cybersecurity and computer programming.
Subtitle B--Government-wide Matters
Sec. 1111. Elimination of foreign exemption provision in regard to
overtime for Federal civilian employees temporarily
assigned to a foreign area.
Sec. 1112. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1113. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone.
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TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Support of special operations for irregular warfare.
Sec. 1202. Modification of authority on support of special operations
to combat terrorism.
Sec. 1203. Modifications of certain authority in connection with reform
of defense security cooperation programs and activities.
Sec. 1204. Global Security Contingency Fund matters.
Sec. 1205. Defense Institute of International Legal Studies.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension of Commanders' Emergency Response Program and
related authorities.
Sec. 1212. Extension of authority to transfer defense articles and
provide defense services to the military and security
forces of Afghanistan.
Sec. 1213. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1214. Extension of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan.
Sec. 1215. Extension of semiannual report on enhancing security and
stability in Afghanistan.
Sec. 1216. Sense of Congress regarding the Afghan special immigrant
visa program.
Sec. 1217. Special immigrant visas for Afghan allies.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of authority to provide assistance to counter
the Islamic State of Iraq and Syria.
Sec. 1232. Modification of authority to provide assistance to the
vetted Syrian opposition.
Sec. 1233. Extension and modification of authority to support
operations and activities of the Office of Security
Cooperation in Iraq.
Sec. 1234. Modification and additional elements in annual report on the
military power of Iran.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1241. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1242. Extension of limitation on availability of funds relating to
activities to recognize the sovereignty of the Russian
Federation over Crimea.
Sec. 1243. Extension of Ukraine Security Assistance Initiative.
Sec. 1244. Extension of authority on training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1245. Security assistance for Baltic nations for joint program for
resiliency and deterrence against aggression.
Sec. 1246. Annual report on military and security developments
involving the Russian Federation.
Sec. 1247. Annual report on attempts of the Russian Federation to
provide disinformation and propaganda to members of the
Armed Forces by social media.
Sec. 1248. Support of European Deterrence Initiative to deter Russian
aggression.
Sec. 1249. Sense of Congress on the European Deterrence Initiative.
Sec. 1250. Enhancement of Ukraine Security Assistance Initiative.
Sec. 1251. Sense of Congress on the importance of the North Atlantic
Treaty Organization Intelligence Fusion Center.
Subtitle E--Matters Relating to the Asia-Pacific Region
Sec. 1261. Asia-Pacific Stability Initiative.
Sec. 1262. Expansion of military-to-military engagement with the
Government of Burma.
Sec. 1263. Agreement supplemental to Compact of Free Association with
Palau.
Sec. 1264. Workforce issues for relocation of Marines to Guam.
Sec. 1265. United States policy with respect to freedom of navigation
operations and overflight beyond the territorial seas.
Sec. 1266. Sense of Congress on the importance of the rule of law in
the South China Sea.
Sec. 1267. Sense of Congress on the importance of the relationship
between the United States and Japan.
Sec. 1268. Sense of Congress on the importance of the United States
alliance with the Republic of Korea.
Sec. 1269. Sense of Congress on extended deterrence for the Korean
Peninsula and Japan.
Sec. 1270. Defense partnership between the United States and Taiwan.
Sec. 1270A. Naval port of call exchanges between the United States and
Taiwan.
Sec. 1270B. Program to enhance the undersea warfare capabilities of
Taiwan.
Sec. 1270C. Invitation of Taiwan military forces to participate in
joint military exercises.
Sec. 1270D. Report on military exchanges between senior officers and
officials of the United States and Taiwan.
Subtitle F--Reports
Sec. 1271. Submittal of Department of Defense Supplemental and Cost of
War Execution reports on quarterly basis.
Sec. 1272. Consolidation of reports on United States Armed Forces,
civilian employees, and contractors deployed in support
of Operation Inherent Resolve and Operation Freedom's
Sentinel.
Subtitle G--Other Matters
Sec. 1281. Modification of availability of funds in Special Defense
Acquisition Fund for precision guided munitions.
Sec. 1282. Use of funds in the United States for certain United States-
Israel anti-tunnel cooperation activities.
Sec. 1283. Foreign military sales letters of request for pricing and
availability.
Sec. 1284. Sense of Congress on reaffirming strategic partnerships and
allies.
Sec. 1285. Sense of Congress on consideration of impact of marine
debris in trade agreements.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Authority to dispose of certain materials from and to
acquire additional materials for the National Defense
Stockpile.
Subtitle C--Chemical Demilitarization Matters
Sec. 1421. Acquisition reporting on major chemical demilitarization
programs of the Department of Defense.
Subtitle D--Armed Forces Retirement Home
Sec. 1431. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1432. Armed Forces Retirement Home matters.
Subtitle E--Other Matters
Sec. 1441. 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. 1442. Enhancement of database of emergency response capabilities
of the Department of Defense.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health Program.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Other Matters
Sec. 1531. Afghanistan Security Forces Fund.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Air Force Space Command.
Sec. 1602. Air Force space contractor responsibility watch list.
Sec. 1603. Presidential National Voice Conferencing System.
Sec. 1604. Limitation on use of funds for Delta IV launch vehicle.
Sec. 1605. Policy of the United States with respect to classification
of space as a combat domain.
Sec. 1606. Launch support and infrastructure modernization.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1611. Extension of authority to engage in commercial activities as
security for intelligence collection activities.
Sec. 1612. Consideration of service by recipients of Boren scholarships
and fellowships in excepted service positions as service
by such recipients under career appointments for purposes
of career tenure.
Subtitle C--Cyber Warfare, Cybersecurity, and Related Matters
Sec. 1621. Policy of the United States on cyberspace, cybersecurity,
and cyber warfare.
[[Page S5895]]
Sec. 1622. Cyber posture review.
Sec. 1623. Modification and clarification of requirements and
authorities relating to establishment of unified
combatant command for cyber operations.
Sec. 1624. Annual assessment of cyber resiliency of nuclear command and
control system.
Sec. 1625. Strategic Cybersecurity Program.
Sec. 1626. Evaluation of agile acquisition of cyber tools and
applications.
Sec. 1627. Report on cost implications of terminating dual-hat
arrangement for Commander of United States Cyber Command.
Sec. 1628. Modification of Information Assurance Scholarship Program.
Sec. 1629. Measuring compliance of components of Department of Defense
with cybersecurity requirements for securing industrial
control systems.
Sec. 1630. Exercise on assessing cybersecurity support to election
systems of States.
Sec. 1630A. Report on various approaches to cyber deterrence.
Sec. 1630B. Prohibition on use of software platforms developed by
Kaspersky Lab.
Sec. 1630C. Report on cyber applications of blockchain technology.
Subtitle D--Nuclear Forces
Sec. 1631. Collection, storage, and sharing of data relating to nuclear
security enterprise.
Sec. 1632. Establishment of procedures for implementation of Nuclear
Enterprise Review.
Sec. 1633. Procurement authority for certain parts of intercontinental
ballistic missiles.
Sec. 1634. Execution and programmatic oversight of nuclear command,
control, and communications programs.
Sec. 1635. Measures in response to noncompliance of the Russian
Federation with its obligations under the INF Treaty.
Sec. 1636. Certification that the Nuclear Posture Review addresses
deterrent effect and operation of United States nuclear
forces in current and future security environments.
Sec. 1637. Plan to manage Integrated Tactical Warning and Attack
Assessment System and multi-domain sensors.
Sec. 1638. Certification requirement with respect to strategic
radiation hardened trusted foundry.
Sec. 1639. Requirements for Nuclear Posture Review.
Sec. 1640. Sense of Congress on Nuclear Posture Review.
Subtitle E--Missile Defense Programs
Sec. 1651. Iron Dome short-range rocket defense system and Israeli
Cooperative Missile Defense Program co-development and
co-production.
Sec. 1652. Development of persistent space-based sensor architecture.
Sec. 1653. Ground-based interceptor capability, capacity and
reliability.
Sec. 1654. Sense of the Senate on the state of United States missile
defense.
Sec. 1655. Sense of the Senate and report on ground-based midcourse
defense testing.
Subtitle F--Cyber Scholarship Opportunities
Sec. 1661. Short title.
Sec. 1662. Community college cyber pilot program and assessment.
Sec. 1663. Federal Cyber Scholarship-for Service program updates.
Sec. 1664. Cybersecurity teaching.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2105. Modification of authority to carry out certain fiscal year
2015 project.
Sec. 2106. Extension of authorization of certain fiscal year 2014
project.
Sec. 2107. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2206. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year
2017 projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2017 project.
Sec. 2405. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2406. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Modification of authority to carry out certain fiscal year
2017 projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Other Matters
Sec. 2611. Modification of authority to carry out certain fiscal year
2015 project.
Sec. 2612. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2613. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
Base Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Authority to use expiring funds for certain military
construction projects.
Sec. 2802. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects in
certain areas outside the United States.
Sec. 2803. Authorized cost increases.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Authority to use energy cost savings for energy resilience,
mission assurance, and weather damage repair and
prevention measures.
Sec. 2812. Modification of unspecified minor military construction
project authority to cover correction of deficiencies
that are threats to installation resilience.
Sec. 2813. Land exchange valuation of property with reduced development
that limits encroachment on military installations.
Sec. 2814. Access to military installations by transportation network
companies.
Subtitle C--Land Conveyances
Sec. 2821. Land conveyance, Natick Soldier Systems Center,
Massachusetts.
Sec. 2822. Land conveyance, Army and Air Force Exchange Service
property, Dallas, Texas.
Sec. 2823. Land conveyances, certain former peacekeeper ICBM facilities
in Wyoming.
Sec. 2824. Land exchange, Naval Industrial Ordnance Reserve Plant,
Sunnyvale, California.
Sec. 2825. Land exchange, Naval Air Station Corpus Christi, Texas.
Subtitle D--Project Management and Oversight Reforms
Sec. 2831. Notification requirement for certain cost overruns and
schedule delays.
Sec. 2832. Limited authority for private sector supervision of military
construction projects in event of extensive cost overruns
or project delays.
[[Page S5896]]
Sec. 2833. Annual report on cost overruns and schedule delays.
Sec. 2834. Report on design errors and omissions related to Fort Bliss
hospital replacement project.
Sec. 2835. Report on cost increase and delay related to USSTRATCOM
command and control facility project at Offutt Air Force
Base.
Subtitle E--Other Matters
Sec. 2841. Annual Department of Defense energy management reports.
Sec. 2842. Aggregation of energy efficiency and energy resilience
projects in life cycle cost analyses.
Sec. 2843. Authority of the Secretary of the Air Force to accept lessee
improvements at Air Force Plant 42.
Sec. 2844. Prohibition on use of funds for Kwajalein project.
Sec. 2845. Energy resilience.
Sec. 2846. Consideration of energy security and energy resilience in
awarding energy and fuel contracts for military
installations.
Sec. 2847. Requirement to address energy resilience in exercising
utility system conveyance authority.
Sec. 2848. In-kind lease payments; prioritization of utility services
that promote energy resilience.
Sec. 2849. Disclosure of beneficial ownership by foreign persons of
high security space leased by the Department of Defense.
Sec. 2850. Establishment of a visitor services facility on the
Arlington Ridge tract.
Sec. 2851. Joint use of Dobbins Air Reserve Base, Marietta, Georgia,
with civil aviation.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
projects.
Sec. 2903. Authorization of appropriations.
Sec. 2904. Extension of authorization of certain fiscal year 2015
projects.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Assessment and development of prototype nuclear weapons of
foreign countries.
Sec. 3112. Use of funds for construction and project support activities
relating to MOX facility.
Sec. 3113. Repeal, consolidation, and modification of reporting
requirements.
Sec. 3114. National Nuclear Security Administration personnel system.
Sec. 3115. Annual reports on unfunded priorities of National Nuclear
Security Administration.
Sec. 3116. Extension of authorization of Advisory Board on Toxic
Substances and Worker Health.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Maritime Administration.
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.
DIVISION E--ADDITIONAL PROVISIONS
TITLE LI--PROCUREMENT
Sec. 5101. Plan for modernization of the radar for F-16 fighter
aircraft of the National Guard.
Sec. 5102. Upgrade of M113 vehicles.
TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 5201. Reauthorization of Department of Defense Established Program
To Stimulate Competitive Research.
Sec. 5202. Pilot program to improve incentives for technology transfer
from Department of Defense laboratories.
TITLE LIII--OPERATION AND MAINTENANCE
Sec. 5301. Comptroller General report on Department of Defense
installation access control initiatives.
Sec. 5302. Comprehensive plan for sharing depot-level maintenance best
practices.
Sec. 5303. Facilities demolition plan of the Army.
TITLE LV--MILITARY PERSONNEL POLICY
Sec. 5501. Criminal background checks of employees of the military
child care system and providers of child care services
and youth program services for military dependents.
Sec. 5502. Review of TAP for women.
Sec. 5503. Annual report on participation in the Transition Assistance
Program for members of the Armed Forces.
Sec. 5504. Modification of deadline for submittal by officers of
written communications to promotion selection boards on
matters of importance to their selection.
Sec. 5505. Standardization of authorities in connection with repeal of
statutory specification of general officer grade for the
Dean of the Academic Board of the United States Military
Academy and the Dean of the Faculty of the United States
Air Force Academy.
Sec. 5506. Civilian training for National Guard pilots and sensor
operator aircrews of MQ-9 unmanned aerial vehicles.
Sec. 5507. Authorization for award of the Medal of Honor to Garlin M.
Conner for acts of valor during World War II.
Sec. 5508. Educational opportunities for military children in science,
technology, engineering, and mathematics.
TITLE LLVI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Sec. 5601. Report on use of second-destination transportation to
transport fresh fruit and vegetables to commissaries in
the Asia-Pacific region.
Sec. 5602. Report on management of military commissaries and exchanges.
TITLE LVII--HEALTH CARE PROVISIONS
Sec. 5701. Study on safe opioid prescribing practices.
Sec. 5702. Specification that individuals under the age of 21 are
eligible for hospice care services under the TRICARE
program.
Sec. 5703. Regular update of prescription drug pricing standard under
TRICARE retail pharmacy program.
Sec. 5704. Longitudinal medical study on blast pressure exposure of
members of the Armed Forces.
Sec. 5705. Authorization of physical therapist assistants and
occupational therapy assistants to provide services under
the TRICARE program.
TITLE LIX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 5901. Designation of office within Office of the Secretary of
Defense to oversee use of food assistance programs by
members of the Armed Forces on active duty.
TITLE LX--GENERAL PROVISIONS
Sec. 6001. Air Force pilot program on education and training and
certification of secondary and post-secondary students as
aircraft technicians.
Sec. 6002. Collaboration between Federal Aviation Administration and
Department of Defense on unmanned aircraft systems.
Sec. 6003. Report on defense of combat logistics and strategic mobility
forces.
Sec. 6004. Report on the circumstances surrounding the 2016 attacks on
the U.S.S. Mason.
Sec. 6005. Office of Special Counsel reauthorization.
Sec. 6006. Rule of construction on certifications on audit readiness of
the Department of Defense and the military departments,
Defense Agencies, and other organizations and elements of
the Department of Defense.
Sec. 6007. Certifications on reliability of the financial statements of
the Department of Defense and the military departments,
Defense Agencies, and other organizations and elements of
the Department of Defense.
Sec. 6008. Streamlining of requirements in connection with audits and
the reliability of the financial statements of the
Department of Defense.
Sec. 6009. Rankings of auditability of financial statements of the
organizations and elements of the Department of Defense.
[[Page S5897]]
Sec. 6010. Report on implementation of Comptroller General of the
United States recommendations for the Department of
Defense, Department of State, and United States Agency
for International Development.
Sec. 6011. Report on airports used by Mahan Air.
Sec. 6012. OPEN Government data.
Sec. 6013. Briefing on plans to develop and improve additive
manufacturing capabilities.
TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS
Sec. 6201. Advancements in defense cooperation between the United
States and India.
Sec. 6202. Comptroller General of the United States report.
Sec. 6203. Human rights vetting of Afghan National Defense and Security
Forces.
Sec. 6204. Additional matter for sense of Congress on extended
deterrence for the Korean peninsula and Japan.
Sec. 6205. Study on United States interests in the Freely Associated
States.
Sec. 6206. Plan to enhance the extended deterrence and assurance
capabilities of the United States in the Asia-Pacific
region.
Sec. 6207. Rule of construction on provisions relating to the Ukraine
Security Assistance Initiative.
Sec. 6208. Extension of Ukraine Security Assistance Initiative.
Sec. 6209. Extension of authority on training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 6210. Security assistance for Baltic nations for joint program for
resiliency and deterrence against aggression.
Sec. 6211. Annual report on military and security developments
involving the Russian Federation.
Sec. 6212. Annual report on attempts of the Russian Federation to
provide disinformation and propaganda to members of the
Armed Forces by social media.
Sec. 6213. Support of European Deterrence Initiative to deter Russian
aggression.
Sec. 6214. Sense of Congress on the European Deterrence Initiative.
Sec. 6215. Enhancement of Ukraine Security Assistance Initiative.
Sec. 6216. Assessment of the expanding global influence of China and
its impact on the national security interests of the
United States.
Sec. 6217. Ineffectiveness of expansion of military-to-military
engagement with the Government of Burma.
TITLE LXVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Sec. 6601. Sense of Congress on use of Intergovernmental Personnel Act
Mobility Program and Department of Defense Information
Technology Exchange Program to obtain personnel with
cyber skills and abilities for the Department of Defense.
Sec. 6602. Sense of Congress on establishing an award program for the
cyber community of the Department of Defense.
Sec. 6603. Review of United States nuclear and radiological terrorism
prevention strategy.
Sec. 6604. Sense of Congress on National Space Defense Center.
Sec. 6605. Prohibition on establishment of military department or corps
separate from or subordinate to the current military
departments.
Sec. 6606. Rule of construction on Iron Dome short-range rocket defense
system and Israeli Cooperative Missile Defense Program.
Sec. 6607. Report on integration of modernization and sustainment of
nuclear triad.
Sec. 6608. Comptroller General of the United States report on
Department of Defense critical telecommunications
equipment or services obtained from suppliers closely
linked to a leading cyber-threat actor.
TITLE LXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
Sec. 7801. Certification related to certain acquisitions or leases of
real property.
Sec. 7802. Energy security for military installations in Europe.
Sec. 7803. Land conveyance, Mountain Home Air Force Base, Idaho.
Sec. 7804. Annual locality adjustment of dollar thresholds applicable
to unspecified minor military construction authorities.
TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 8101. Albuquerque Complex upgrades construction project.
TITLE LXXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 8201. Authorization.
DIVISION F--FURTHER ADDITIONAL PROVISIONS
TITLE CI--PROCUREMENT
Sec. 10101. Interim Combat Service Rifle.
TITLE CII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 10201. Support for national security innovation and
entrepreneurial education.
Sec. 10202. Ineffectiveness of codification and enhancement of
authorities to provide funds for defense laboratories for
research and development of technologies for military
missions.
Sec. 10203. Codification and enhancement of authorities to provide
funds for defense laboratories for research and
development of technologies for military missions.
Sec. 10204. Annual report on unfunded requirements for laboratory
military construction projects.
Sec. 10205. Very-low profile hardware to interact with the Mobile User
Objective System and other systems.
TITLE CIII--OPERATION AND MAINTENANCE
Sec. 10301. Report on release of radium or radioactive material into
the groundwater near the industrial reserve plant in
Bethpage, New York.
Sec. 10302. Sense on Congress on the small turbine engine industrial
base.
Sec. 10303. Report on optimization of training in and management of
special use airspace.
Sec. 10304. Centers for Disease Control study on health implications of
per- and polyfluoroalkyl substances contamination in
drinking water.
TITLE CV--MILITARY PERSONNEL POLICY
Sec. 10501. Flexibility in promotion of Deputy Judge Advocate General
of the Air Force.
Sec. 10502. Ineffectiveness of pilot program on integration of
Department of Defense and non-Federal efforts for
civilian employment of members of the Armed Forces
following transition from active duty to civilian life.
Sec. 10503. Pilot program on integration of Department of Defense and
non-Federal efforts for civilian employment of members of
the Armed Forces following transition from active duty to
civilian life.
TITLE CVI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Sec. 10601. Sense of Senate on the use by exchange stores of small
businesses as suppliers.
Sec. 10602. Garnishment to satisfy judgment rendered for physically,
sexually, or emotionally abusing a child.
Sec. 10603. Element in next quadrennial review of military compensation
on value assigned by members of the Armed Forces to
various aspects of military compensation.
TITLE CVII--HEALTH CARE PROVISIONS
Sec. 10701. Requirement for reimbursement by Department of Defense to
entities carrying out State vaccination programs for
costs of vaccines provided to covered beneficiaries.
Sec. 10702. Eligibility for certain health care benefits of members of
the Selected Reserve ordered to active duty for
preplanned missions in support of the combatant commands.
TITLE CVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 10801. Responsibilities of commercial market representatives.
Sec. 10802. Modification to the HUBZone program.
Sec. 10803. Report on defense contracting fraud.
Sec. 10804. Government micro-purchase threshold matters.
TITLE CIX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 10901. Report on implementation of requirements in connection with
the organization of the Department of Defense for
management of special operations forces and special
operations.
Sec. 10902. Report on the need for a Joint Chemical-Biological Defense
Logistics Center.
TITLE CX--GENERAL PROVISIONS
Subtitle A--Additional General Provisions
Sec. 11001. Expansion of availability from the Department of Veterans
Affairs of counseling and treatment for sexual trauma for
members of the Armed Forces.
Sec. 11002. Report on the global food system and vulnerabilities
relevant to Department of Defense missions.
Sec. 11003. Ineffectiveness of Department of Defense integration of
information operations and cyber-enabled information
operations.
Sec. 11004. Department of Defense integration of information operations
and cyber-enabled information operations.
Sec. 11005. Report on cyber capability and readiness shortfalls of Army
Combat Training Centers.
Sec. 11006. Report on the audit of the full financial statements of the
Department of Defense.
Sec. 11007. Report on hurricane damage to Department of Defense assets.
[[Page S5898]]
Sec. 11008. Establishment of center of excellence in prevention,
diagnosis, mitigation, treatment, and rehabilitation of
health conditions relating to exposure to burn pits and
other environmental exposures.
Subtitle B--Government Purchase and Travel Cards
Sec. 11021. Short title.
Sec. 11022. Definitions.
Sec. 11023. Expanded use of data analytics.
Sec. 11024. Guidance on improving information sharing to curb improper
payments.
Sec. 11025. Interagency Charge Card Data Management Group.
Sec. 11026. Reporting requirements.
TITLE CXII--MATTERS RELATING TO FOREIGN NATIONS
Sec. 11201. Sense of Congress on cybersecurity cooperation with
Ukraine.
Sec. 11202. North Korea strategy.
Sec. 11203. Plan on improvement of ability of foreign governments
participating in United States institutional capacity
building programs to protect civilians.
Sec. 11204. Report on the capabilities and activities of the Islamic
State of Iraq and Syria and other violent extremist
groups in Southeast Asia.
Sec. 11205. Sense of Congress on the Islamic State of Iraq and the
Levant.
Sec. 11206. Clarification of authority to support border security
operations of certain foreign countries.
TITLE CXVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Sec. 11601. Requirements relating to multi-use sensitive compartmented
information facilities.
Sec. 11602. Ineffectiveness of prohibition on use of software platforms
developed by Kaspersky Lab.
Sec. 11603. Prohibition on use of software platforms developed by
Kaspersky Lab.
Sec. 11604. Report on significant security risks of defense critical
electric infrastructure.
Sec. 11605. Report on progress made in implementing the Cyber Excepted
Personnel System.
Sec. 11606. Report on acquisition strategy to recapitalize the existing
system for undersea fixed surveillance.
Sec. 11607. Comprehensive review of maritime intelligence,
surveillance, reconnaissance, and targeting.
Sec. 11608. Report on training infrastructure for cyber forces.
TITLE CXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
Sec. 12801. Technical correction to authority for return of certain
lands at Fort Wingate, New Mexico, to original
inhabitants.
Sec. 12802. Energy resilience.
TITLE CXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 13101. Plutonium capabilities.
TITLE CXXXV--MARITIME ADMINISTRATION
Sec. 13501. Ineffectiveness of Martime Administration provisions.
Sec. 13502. Authorization of the Maritime Administration.
Sec. 13503. Removal adjunct professor limit at United States Merchant
Marine Academy.
Sec. 13504. Acceptance of guarantees in conjunction with partial
donations for major projects of the United States
Merchant Marine Academy.
Sec. 13505. Authority to pay conveyance or transfer expenses in
connection with acceptance of a gift to the United States
Merchant Marine Academy.
Sec. 13506. Authority to participate in Federal, State or other
research grants.
Sec. 13607. Assistance for small shipyards and maritime communities.
Sec. 13508. Domestic maritime centers of excellence.
Sec. 13509. Access to satellite communication devices during Sea Year
program.
Sec. 13510. Actions to address sexual harassment, dating violence,
domestic violence, sexual assault, and stalking at the
United States Merchant Marine Academy.
Sec. 13511. Sexual assault prevention and response staff.
Sec. 13512. Protection of students from sexual assault onboard vessels.
Sec. 13513. Training requirement for sexual assault investigators.
TITLE CXXXI--FUNDING TABLES
Sec. 14001. Funding tables.
Sec. 14002. Additional funding table matters.
Sec. 14003. Expansion of SkillBridge initiative to include
participation by Federal agencies.
Sec. 14004. Temporary extension of extended period of protections for
members of uniformed services relating to mortgages,
mortgage foreclosure, and eviction.
Sec. 14005. Report on compliance with runway clear zone requirements.
Sec. 14006. 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. 14007. Report on the National Biodefense Analysis and
Countermeasures Center (NBACC) and Limitation on Use of
Funds.
Sec. 14008. Buy American Act training for Defense acquisition
workforce.
Sec. 14009.
Sec. 14010. Recognition of the National Museum of World War II
Aviation.
Sec. 14011. Increased term limit for intergovernmental support
agreements to provide installation support services.
Sec. 14012. Report on utilization of small businesses for Federal
contracts.
Sec. 14013. Venue for prosecution of maritime drug trafficking.
Sec. 14014. Sense of Congress on fire protection in Department of
Defense facilities.
Sec. 14015.
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.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for procurement for the Army, the Navy and the
Marine Corps, the Air Force, and Defense-wide activities, as
specified in the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. TRANSFER OF EXCESS HIGH MOBILITY MULTIPURPOSE
WHEELED VEHICLES TO FOREIGN COUNTRIES.
(a) Transfers.--
(1) In general.--Chapter 153 of title 10, United States
Code, is amended by inserting after section 2581 the
following new section:
``Sec. 2581a. Transfer of excess High Mobility Multipurpose
Wheeled Vehicles (HMMWVs) to foreign countries
``(a) Requirements.--(1) Before an excess High Mobility
Multipurpose Wheeled Vehicle (HMMWV) is transferred on a
grant or sales basis to a foreign country for the purpose of
operation by that country, the Secretary of Defense shall
ensure that the HMMWV receives the same new, modernized
powertrain and a modernized, armored or armor-capable crew
compartment restored to like-new condition that the HMMWV
would receive if it were to be modernized for operational use
by the armed forces.
``(2) For the purposes of paragraph (1), the term `the same
new, modernized powertrain'--
``(A) means a fully-functioning new powertrain system; and
``(B) does not mean an individual part, component,
subassembly, assembly, or subsystem integral to the
functioning of the powertrain system such as a new engine or
transmission.
``(3) Any work performed pursuant to paragraph (1) shall be
performed in the United States and shall be covered by
section 2460(b)(1) of this title.
``(b) Waiver.--Subject to the requirements of subsection
(c), the Secretary may waive the requirements of subsection
(a)(1) if the Secretary determines in writing that such an
exception is required by the national security interests of
the United States.
``(c) Notification.--(1) If the Secretary makes a written
determination under subsection (b), the Secretary may not
transfer excess HMMWVs until 30 days after the Secretary has
provided notice of the proposed transfer to the congressional
defense committees. The notification shall include--
``(A) the total quantity of HMMWVs, the serial and model
numbers of each individual HMMWV, and the age, condition, and
expected useful life of each individual HMMWV to be
transferred;
``(B) the recipient of the HMMWVs, the intended use of the
HMMWVs, and a description of the national security interests
of the United States necessitating the transfer;
``(C) an explanation of why it is not in the national
security interests of the United States to make the transfer
in accordance with the requirements of subsection (a);
``(D) the impact on the national technology and industrial
base and, particularly, any reduction of the opportunities of
entities in the national technology and industrial base to
sell new or used HMMWVs to the countries to which the
proposed transfer of HMMWVs is to take place; and
``(E) the names of all entities in the national technology
and industrial base consulted as part of the determination in
subsection (D), as well as the dates when and the names,
titles, and affiliations of all individuals with whom such
consultations took place.
``(2) The Secretary shall make the notification required
under this subsection in accordance with the procedures
specified in section 060403 of volume 3, chapter 6, of the
Department of Defense Financial Management Regulation.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2581 the following new item:
[[Page S5899]]
``2581a. Transfer of excess High Mobility Multipurpose Wheeled Vehicles
(HMMWVs) to foreign countries.''.
(b) Effective Date.--Section 2581a of title 10, United
States Code, as added by subsection (a), shall apply with
respect to transfers of High Mobility Multipurpose Wheeled
Vehicles on and after the date of the enactment of this Act.
SEC. 112. LIMITATION ON AVAILABILITY OF FUNDS FOR ARMY AIR-
LAND MOBILE TACTICAL COMMUNICATIONS AND DATA
NETWORK, INCLUDING WARFIGHTER INFORMATION
NETWORK-TACTICAL (WIN-T).
(a) Limitation.--No funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2018 for
other procurement, Army, and available for the Warfighter
Information Network-Tactical (WIN-T), Increment 2 (Inc 2)
program may be obligated or expended until the Secretary of
the Army submits the report required under subsection (b).
(b) Report.--The Secretary of the Army shall submit to the
congressional defense committees a report describing how the
Army intends to implement the recommendations related to air-
land ad-hoc, mobile tactical communications and data networks
provided by the Director of Cost Assessment and Program
Evaluation (CAPE) pursuant to section 237 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 781).
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS
SUBMARINE PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary
of the Navy may enter into one or more multiyear contracts,
beginning with the fiscal year 2019 program year, for the
procurement of up to 13 Virginia class submarines.
(b) Authority for Advance Procurement.--The Secretary of
the Navy may enter into one or more contracts, beginning in
fiscal year 2018, for advance procurement associated with the
Virginia Class submarines for which authorization to enter
into a multiyear procurement contract is provided under
subsection (a), and for equipment or subsystems associated
with the Virginia Class submarine program, including
procurement of--
(1) long lead time material; or
(2) material or equipment in economic order quantities when
cost savings are achievable.
(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 fiscal year.
(d) Limitation on Termination Liability.--A contract for
construction of Virginia Class submarines entered into in
accordance with subsection (a) shall include a clause that
limits the liability of the United States to the contractor
for any termination of the contract. The maximum liability of
the United States under the clause shall be the amount
appropriated for the submarines covered by the contract
regardless of the amount obligated under the contract.
SEC. 122. ARLEIGH BURKE CLASS DESTROYERS.
(a) Authority for Multiyear Procurement.--
(1) In general.--Subject to section 2306b of title 10,
United States Code, the Secretary of the Navy may enter into
one or more multiyear contracts, beginning not earlier than
the fourth quarter of fiscal year 2018, for the procurement
of up to 15 Arleigh Burke class Flight III guided missile
destroyers.
(2) Authority for advance procurement.--The Secretary of
the Navy may enter into one or more contracts, beginning in
fiscal year 2018, for advance procurement associated with the
destroyers for which authorization to enter into a multiyear
procurement contract is provided under paragraph (1), and for
systems and subsystems associated with such destroyers in
economic order quantities when cost savings are achievable.
(3) Condition for out-year contract payments.--A contract
entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2018 is subject
to the availability of appropriations or funds for that
purpose for such fiscal year.
(b) Modification to Procurement of Additional Arleigh Burke
Class Destroyer.--Section 125(a)(1) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) is
amended by striking ``to be procured either'' and inserting
``to be procured using a fixed-price contract either''.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR V-22 JOINT
AIRCRAFT PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary
of Defense may enter into one or more multiyear contracts,
beginning with the fiscal year 2018 program year, for the
procurement of V-22 aircraft. Notwithstanding subsection (k)
of such section 2306b, the Secretary of Defense may enter
into a multiyear contract under this section for up to five
years.
(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 2018 is subject
to the availability of appropriations for that purpose for
such later fiscal year.
SEC. 124. DESIGN AND CONSTRUCTION OF AMPHIBIOUS SHIP
REPLACEMENT DESIGNATED LX(R) OR AMPHIBIOUS
TRANSPORT DOCK DESIGNATED LPD-30.
(a) In General.--The Secretary of the Navy may enter into a
contract, beginning with the fiscal year 2018 program year,
for the design and construction of the amphibious ship
replacement designated LX(R) or the amphibious transport dock
designated LPD-30 using amounts authorized to be appropriated
for the Department of Defense for Shipbuilding and
Conversion, Navy.
(b) Use of Incremental Funding.--With respect to the
contract entered into under subsection (a), the Secretary may
use incremental funding to make payments under the contract.
(c) Condition for Out-year Contract Payments.--The contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under such
contract for any fiscal year after fiscal year 2018 is
subject to the availability of appropriations for that
purpose for such fiscal year.
SEC. 125. MODIFICATION OF COST LIMITATION BASELINE FOR CVN-78
CLASS AIRCRAFT CARRIER PROGRAM.
Section 122(a) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2105), as most recently amended by section 122 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 749), is further amended by
striking paragraph (2) and inserting the following new
paragraphs:
``(2) CVN-79.--The total amount obligated from funds
appropriated or otherwise made available for Shipbuilding and
Conversion, Navy, or for any other procurement account, for
the aircraft carrier designated CVN-79 may not exceed
$11,398,000,000 (as adjusted pursuant to subsection (b)).
``(3) Follow-on ships.--The total amount obligated from
funds appropriated or otherwise made available for
Shipbuilding and Conversion, Navy, or for any other
procurement account, for any ship that is constructed in the
CVN-78 class of aircraft carriers after CVN-79 may not exceed
$12,000,000,000 (as adjusted pursuant to subsection (b)).''.
SEC. 126. EXTENSION OF LIMITATION ON USE OF SOLE-SOURCE
SHIPBUILDING CONTRACTS FOR CERTAIN VESSELS.
Section 124 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended by striking
``2017'' and inserting ``2017 or fiscal year 2018''.
SEC. 127. CERTIFICATION OF THE ENHANCED MULTI MISSION
PARACHUTE SYSTEM FOR THE UNITED STATES MARINE
CORPS.
(a) Certification.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a
certification--
(1) whether either the Marine Corps' currently fielded
multi mission parachute system or the Army's RA-1 parachute
system meet the Marine Corps requirements;
(2) whether the Marine Corps' PARIS, Special Application
Parachute meets the Marine Corps requirement;
(3) whether the testing plan for the enhanced multi mission
parachute system meets all regulatory requirements; and
(4) whether the Department of the Navy has determined that
a high glide canopy is as safe and effective as the currently
fielded free fall parachute systems.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit
to the congressional defense committees a report that
includes--
(1) an explanation for using the Parachute Industry
Association specification for a military parachute given that
sports parachutes are employed from relatively slow flying
civilian aircraft at altitudes below 10,000 feet;
(2) a cost estimate for any new equipment and training that
the Marine Corps will require in order to employ a high glide
parachute;
(3) justification of why the Department of the Navy is not
conducting any testing until first article testing; and
(4) an assessment of the risks associated with high glide
canopies with a focus on how the Department of the Navy will
mitigate the risk for malfunctions experienced in other high
glide canopy programs.
Subtitle D--Air Force Programs
SEC. 131. INVENTORY REQUIREMENT FOR AIR FORCE FIGHTER
AIRCRAFT.
(a) Inventory Requirement.--Section 8062 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(i) Inventory Requirement.--(1) Effective October 1,
2017, the Secretary of the Air Force shall maintain a total
aircraft inventory of fighter aircraft of not less than 1,970
aircraft, and a total primary mission aircraft inventory
(combat-coded) of not less than 1,145 fighter aircraft.
``(2) In this subsection:
``(A) The term `fighter aircraft' means an aircraft that--
``(i) is designated by a mission design series prefix of F-
or A-;
``(ii) is manned by one or two crewmembers; and
``(iii) executes single-role or multi-role missions,
including air-to-air combat, air-to-ground attack, air
interdiction, suppression or destruction of enemy air
defenses, close air support, strike control and
reconnaissance, combat search and rescue support, or airborne
forward air control.
``(B) The term `primary mission aircraft inventory' means
aircraft assigned to meet the primary aircraft authorization
to a unit for the performance of its wartime mission.''.
(b) Limitation on Retirement of Air Force Fighter
Aircraft.--
(1) Limitation.--Except as provided under subsection (d),
the Secretary of the Air Force
[[Page S5900]]
may not proceed with a decision to retire fighter aircraft in
any number that would reduce the total number of such
aircraft in the Air Force total active inventory (TAI) below
1,970, and shall maintain a minimum of 1,145 fighter aircraft
designated as primary mission aircraft inventory (PMAI).
(2) Additional limitations on retirement of fighter
aircraft.--Except as provided under subsection (d), the
Secretary of the Air Force may not retire fighter aircraft
from the total active inventory as of the date of the
enactment of this Act until the later of the following:
(A) The date that is 30 days after the date on which the
Secretary submits the report required under paragraph (3).
(B) The date that is 30 days after the date on which the
Secretary certifies to the congressional defense committees
that--
(i) the retirement of such fighter aircraft will not
increase the operational risk of meeting the National Defense
Strategy; and
(ii) the retirement of such aircraft will not reduce the
total fighter force structure below 1,970 fighter aircraft or
the primary mission aircraft inventory below 1,145.
(3) Report on retirement of aircraft.--The Secretary of the
Air Force shall submit to the congressional defense
committees a report setting forth the following:
(A) The rationale for the retirement of existing fighter
aircraft and an operational analysis of replacement fighter
aircraft that demonstrates performance of the designated
mission at an equal or greater level of effectiveness as the
retiring aircraft.
(B) An assessment of the implications for the Air Force,
the Air National Guard, and the Air Force Reserve of the
force mix ratio of fighter aircraft.
(C) Such other matters relating to the retirement of
fighter aircraft as the Secretary considers appropriate.
(c) Reports on Fighter Aircraft.--
(1) In general.--Except as provided under subsection (d),
at least 90 days before the date on which a fighter aircraft
is retired, the Secretary of the Air Force, in consultation
with (where applicable) the Director of the Air National
Guard or Chief of the Air Force Reserve, shall submit to the
congressional defense committees a report on the proposed
force structure and basing of fighter aircraft.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following elements:
(A) A list of each fighter aircraft proposed for
retirement, including for each such aircraft--
(i) the mission design series type;
(ii) the variant; and
(iii) the assigned unit and military installation where
such aircraft is based.
(B) A list of each unit affected by a proposed retirement
listed under subparagraph (A) and a description of how such
unit is affected.
(C) For each military installation and unit listed under
subparagraph (A)(iii), a description of changes, if any, to
the designed operational capability (DOC) statement of the
unit as a result of a proposed retirement.
(D) A description of any anticipated changes in manpower
authorizations as a result of a proposed retirement listed
under subparagraph (A).
(d) Exception for Certain Aircraft.--The requirements of
subsections (b) and (c) do not apply to individual fighter
aircraft that the Secretary of the Air Force determines, on a
case-by-case basis, to be non-operational because of mishaps,
other damage, or being uneconomical to repair.
(e) Fighter Aircraft Defined.--In this section, the term
``fighter aircraft'' has the meaning given the term in
subsection (i)(2)(A) of section 8062 of title 10, United
States Code, as added by subsection (a) of this section.
SEC. 132. COMPTROLLER GENERAL REVIEW OF TOTAL FORCE
INTEGRATION INITIATIVES FOR RESERVE COMPONENT
RESCUE SQUADRONS.
(a) Comptroller General Review.--Not later than June 30,
2018, the Comptroller General of the United States shall
review the Air Force fielding plan for the HH-60 replacement
programs and submit to the congressional defense committees a
report on the plan.
(b) Briefing.--Not later than March 1, 2018, the
Comptroller General shall provide a briefing to the
congressional defense committees on the plan.
(c) Elements.--The review received under subsection (a)
shall include, with respect to the HH-60 replacement
programs, the following elements:
(1) A description of the National Commission on the
Structure of the Air Force's recommendations regarding the
use of concurrent and proportional fielding and how the Air
Force applied these principles in the fielding plan for the
HH-60G replacement programs.
(2) An evaluation of the Air Force's fielding plan for the
HH-60G replacement programs, including an assessment of the
Air Force's rationale for the plan, as well as the
alternative fielding plans considered by the Air Force.
(3) An evaluation of the potential readiness impact of the
Air Force's fielding plan on active duty, National Guard, and
Reserve units, including the ability to meet training,
maintenance, and deployment requirements, as well as the
implications for total force integration initiatives should
the fielding not be proportional.
(d) HH-60G Replacement Programs Defined.--In this section,
the term ``HH-60G replacement programs'' means the HH-60G Ops
Loss Replacement and HH-60W Combat Rescue Helicopter
programs.
SEC. 133. AUTHORITY TO INCREASE PRIMARY AIRCRAFT
AUTHORIZATION OF AIR FORCE AND AIR NATIONAL
GUARD A-10 AIRCRAFT UNITS FOR PURPOSES OF
FACILITATING A-10 CONVERSION.
In the event that conversion of an A-10 aircraft unit is in
the best interest of a long-term Air Force mission, the
Secretary of the Air Force may increase the Primary Aircraft
Authorization of Air Force Reserve or Air National Guard A-10
units to 24 aircraft to facilitate such conversion.
SEC. 134. REQUIREMENT FOR CONTINUATION OF E-8 JSTARS
RECAPITALIZATION PROGRAM.
If the Secretary of the Air Force proposes in a budget
request to cancel or modify the current E-8C JSTARS
recapitalization program as presented to Congress in May
2017, the Secretary of Defense shall submit a report at the
same time as the Secretary of the Air Force makes such a
request budget request. That report shall set forth the
following:
(1) The rationale and appropriate supporting analysis for
the proposed cancellation or modification.
(2) An assessment of the implications of such cancellation
or modification for the Air Force, Air National Guard, Army,
Army National Guard, Navy and Marine Corps, and combatant
commands' mission needs.
(3) A certification that such cancellation or modification
of the previous recapitalization program plan would not
result in an increased time during which there is a
capability gap in providing Battlefield Management, Command
and Control/Intelligence, Surveillance, and Reconnaissance
(BMC2/ISR) to the combatant commanders.
(4) Such other matters relating to the proposed
cancellation or modification as the Secretary considers
appropriate.
SEC. 135. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT
OF E-8 JSTARS AIRCRAFT.
(a) Prohibition on Available of Funds for Retirement.--
Except as provided by subsection (b), none of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2018 for the Air Force may be
obligated or expended to retire, or prepare to retire, any E-
8 Joint Surveillance Target Attack Radar System aircraft.
(b) Exception.--The prohibition in subsection (a) shall not
apply to individual Joint Surveillance Target Attack Radar
System aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be non-operational
because of mishaps, other damage, or being uneconomical to
repair.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 141. F-35 ECONOMIC ORDER QUANTITY CONTRACTING AUTHORITY.
(a) In General.--The Secretary of Defense may enter into
one or more contracts during fiscal year 2018 for the
procurement of economic order quantities of material and
equipment that has completed formal hardware qualification
testing for the F-35 aircraft for use in procurement
contracts to be awarded during fiscal years 2019 and 2020.
The total amount obligated under all contracts entered into
under this section shall not exceed $661,000,000.
(b) Authority.--To the extent that funds are otherwise
available for obligation, the Secretary may enter into
economic order quantity contracts for purchases under this
section whenever the Secretary finds each of the following:
(1) That the use of such a contract will result in
significant savings of the total anticipated costs of
carrying out the program through annual contracts.
(2) That the minimum need for the property to be purchased
is expected to remain substantially unchanged during the
contemplated contract period in terms of production rate,
procurement rate, and total quantities.
(3) That there is a reasonable expectation that throughout
the contemplated contract period the Secretary will request
funding for the contract at the level required to avoid
contract cancellation.
(4) That there is a stable design for the property to be
acquired and that the technical risks associated with such
property are not excessive.
(5) That the estimates of both the cost of the contract and
the anticipated cost avoidance through the use of an economic
order quantity contract are realistic.
(6) That the use of such a contract will promote the
national security of the United States.
(c) Certification Requirement.--A contract may not be
entered into under this section unless the Secretary of
Defense certifies in writing, not later than 30 days before
entry into the contract, that each of the following
conditions is satisfied:
(1) The Secretary has determined that each of the
requirements in paragraphs (1) through (6) of subsection (b)
will be met by such contract and has provided the basis for
such determination to the congressional defense committees.
(2) Confirmation that the preliminary findings of the
Secretary under paragraph (1) were made after the completion
of a cost analysis performed by the Director of Cost
Assessment and Program Evaluation for the purpose of section
2334(e)(1) of title 10, United States Code, and that the
analysis supports those preliminary findings.
(3) A sufficient number of end items of the system being
acquired under such contract have been delivered at or within
the most current estimates of the program acquisition unit
cost or procurement unit cost for such system to determine
that current estimates of such unit costs are realistic.
(4) 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 for such fiscal year will include the funding
required to execute the program without cancellation.
[[Page S5901]]
(5) The contract is a fixed price type contract.
(6) The proposed contract provides for production at not
less than minimum economic rates given the existing tooling
and facilities.
SEC. 142. AUTHORITY FOR EXPLOSIVE ORDNANCE DISPOSAL UNITS TO
ACQUIRE NEW OR EMERGING TECHNOLOGIES AND
CAPABILITIES.
The Secretary of Defense may provide Explosive Ordnance
Disposal (EOD) units with the authority to acquire new or
emerging EOD technologies and capabilities that are not
specifically listed on the Table of Allowance (TOA) or Table
of Equipment (TOE).
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the use of the Department of Defense for
research, development, test, and evaluation as specified in
the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL TALENT
AND EXPERTISE AT ACADEMIC INSTITUTIONS TO
SUPPORT DEPARTMENT OF DEFENSE MISSIONS.
(a) Arrangements Authorized.--
(1) In general.--The Secretary of Defense may establish one
or more multi-institution task order contracts, consortia,
cooperative agreements, or other arrangements to facilitate
expedited access to university technical expertise, including
faculty, staff, and students, in support of Department of
Defense missions in the areas specified in subsection (e).
(2) Use for technical analyses and engineering support.--
The Secretary may use an arrangement under paragraph (1) to
fund technical analyses and other engineering support as
required to address acquisition and operational challenges,
including support for classified programs and activities.
(3) Performance by designated university performer.--The
Secretary shall ensure that work awarded through an
arrangement under paragraph (1) is performed primarily by the
designated university performer.
(b) Limitation.--An arrangement established under
subsection (a)(1) may not be used to fund research programs
that can be executed through other Department of Defense
basic research activities.
(c) Consultation With Other Department of Defense
Activities.--An arrangement established under subsection
(a)(1) shall, to the degree practicable, be made in
consultation with other Department of Defense activities,
including federally funded research and development centers
(FFRDCs), university affiliated research centers (UARCs), and
Defense laboratories and test centers, for purposes of
providing technical expertise and reducing costs and
duplicative efforts.
(d) Policies and Procedures.--If the Secretary establishes
one or more arrangements under subsection (a)(1), the
Secretary shall establish and implement policies and
procedures to govern--
(1) selection of participants in the arrangement or
arrangements;
(2) the awarding of task orders under the arrangement or
arrangements;
(3) maximum award size for tasks under the arrangement or
arrangements;
(4) the appropriate use of competitive awards and sole
source awards under the arrangement or arrangements; and
(5) technical areas under the arrangement or arrangements.
(e) Mission Areas.--The areas specified in this subsection
are as follows:
(1) Cybersecurity.
(2) Air and ground vehicles.
(3) Shipbuilding.
(4) Explosives detection and defeat.
(5) Undersea warfare.
(6) Trusted electronics.
(7) Unmanned systems.
(8) Directed energy.
(9) Energy, power, and propulsion.
(10) Management science and operations research.
(11) Artificial intelligence.
(12) Data analytics.
(13) Business systems.
(14) Technology transfer and transition.
(15) Biological engineering and genetic enhancement.
(16) High performance computing.
(17) Materials science and engineering.
(18) Quantum information sciences.
(19) Special operations activities.
(20) Modeling and simulation.
(21) Autonomous systems.
(22) Model based engineering.
(23) Such other areas as the Secretary considers
appropriate.
(f) Sunset.--The authorities under this section shall
expire on September 30, 2020.
(g) Arrangements Established Under Subsection (a)(1)
Defined.--In this section, the term ``arrangement established
under subsection (a)(1)'' means a multi-institution task
order contract, consortia, cooperative agreement, or other
arrangement established under subsection (a)(1).
SEC. 212. CODIFICATION AND ENHANCEMENT OF AUTHORITIES TO
PROVIDE FUNDS FOR DEFENSE LABORATORIES FOR
RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR
MILITARY MISSIONS.
(a) In General.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2362 the
following new section:
``Sec. 2363. Mechanisms to provide funds for defense
laboratories for research and development of technologies
for military missions
``(a) Mechanisms to Provide Funds.--(1) The Secretary of
Defense, in consultation with the Secretaries of the military
departments, shall establish mechanisms under which the
director of a defense laboratory may use an amount of funds
equal to not less than two percent and not more than four
percent of all funds available to the defense laboratory for
the following purposes:
``(A) To fund innovative basic and applied research that is
conducted at the defense laboratory and supports military
missions.
``(B) To fund development programs that support the
transition of technologies developed by the defense
laboratory into operational use.
``(C) To fund workforce development activities that improve
the capacity of the defense laboratory to recruit and retain
personnel with necessary scientific and engineering expertise
that support military missions.
``(D) To fund the revitalization recapitalization, or minor
military construction of the laboratory infrastructure and
equipment, in accordance with subsection (b).
``(2) The mechanisms established under paragraph (1) shall
provide that funding shall be used under paragraph (1) at the
discretion of the director of a defense laboratory in
consultation with the science and technology executive of the
military department concerned.
``(3) After consultation with the science and technology
executive of the military department concerned, the director
of a defense laboratory may charge customer activities a
fixed percentage fee, in addition to normal costs of
performance, in order to obtain funds to carry out activities
authorized by this subsection. The fixed fee may not exceed
four percent of costs.
``(b) Availability of Funds for Infrastructure Projects.--
(1) Subject to the provisions of this subsection, funds
available under a mechanism under subsection (a)(1)(D) that
are solely intended to carry out a laboratory infrastructure
project shall be available for such project until expended.
``(2) Funds shall be available in accordance with paragraph
(1) for a project referred to in such paragraph only if the
Secretary notifies the congressional defense committees of
the total cost of the project before the date on which the
Secretary uses a mechanism under subsection (a)(1)(D) for
such project.
``(3) Funds may accumulate under a mechanism under
subsection (a) for a project referred to in paragraph (1) for
not more than five years.
``(4) The Secretary shall ensure that a project referred to
in paragraph (1) for which funds are made available in
accordance with such paragraph complies with the applicable
cost limitations in the following provisions of law:
``(A) Section 2805(d) of this title, with respect to
revitalization and recapitalization projects.
``(B) Section 2811 of this title, with respect to repair
projects.
``(C) Section 2802 of this title, with respect to
construction projects that exceed the cost specified in
subsection (a)(2) of section 2805 of this title for certain
unspecified minor military construction projects for
laboratories.
``(c) Annual Report on Use of Authority.--Not later than
March 1 of each year, the Secretary of Defense shall submit
to the congressional defense committees a report on the use
of the authority under subsection (a) during the preceding
year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by
inserting after the item relating to section 2362 the
following new item:
``2363. Mechanisms to provide funds for defense laboratories for
research and development of technologies for military
missions.''.
(c) Conforming Amendments.--(1) Section 219 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 10 U.S.C. 2358 note), is hereby
repealed.
(2) Section 2805(d)(1)(B) of title 10, United States Code,
is amended by striking ``under section 219(a) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 10 U.S.C. 2358 note)'' and
inserting ``section 2363(a) of this title''.
SEC. 213. MODIFICATION OF LABORATORY QUALITY ENHANCEMENT
PROGRAM.
(a) In General.--Section 211 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the semicolon and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) new interpretations of existing statutes and
regulations that would enhance the ability of a director of a
science and technology reinvention laboratory to manage the
facility and discharge the mission of the laboratory;'';
(2) in subsection (d), by adding at the end the following
new paragraph:
``(3)(A) Each panel described in paragraph (1), (2), or (3)
of subsection (b) shall submit to the panel described in
paragraph (4) of such subsection (relating to governance and
oversight processes) the following:
``(i) The findings of the panel with respect to the review
conducted by the panel under subsection (a)(1)(C).
``(ii) The recommendations made by the panel under such
subsection.
``(iii) Such comments, findings, and recommendations as the
panel may have received by a science and technology
reinvention laboratory with respect to--
``(I) the review conducted by the panel under such
subsection; or
``(II) recommendations made by the panel under such
subsection.
``(B)(i) The panel described in subsection (b)(4) shall
review and refashion such recommendations as the panel may
receive under subparagraph (A).
[[Page S5902]]
``(ii) In reviewing and refashioning recommendations under
clause (i), the panel may, as the panel considers
appropriate, consult with the science and technology
executive of the affected service.
``(C) The panel described in subsection (b)(4) shall submit
to the Under Secretary of Defense for Research and
Engineering the recommendations made by the panel under
subsection (a)(1)(C) and the recommendations refashioned by
the panel under subparagraph (B) of this paragraph.'';
(3) by redesignating subsections (e) and (f) as subsection
(f) and (g), respectively; and
(4) by inserting after subsection (d) the following new
subsection (e):
``(e) Interpretation of Provisions of Law.--(1) The Under
Secretary of Defense for Research and Engineering, acting
under the guidance of the Secretary, shall issue regulations
regarding the meaning, scope, implementation, and
applicability of any provision of a statute relating to a
science and technology reinvention laboratory.
``(2) In interpreting or defining under paragraph (1), the
Under Secretary shall, to the degree practicable, emphasize
providing the maximum operational flexibility to the
directors of the science and technology reinvention
laboratories to discharge the missions of their laboratories.
``(3) In interpreting or defining under paragraph (1), the
Under Secretary shall seek recommendations from the panel
described in subsection (b)(4).''.
(b) Technical Corrections.--(1) Subsections (a), (c)(1)(C),
and (d)(2) of such section are amended by striking
``Assistant Secretary'' each place it appears and inserting
``Under Secretary''.
(2) Subparagraph (C) of section 342(b)(3) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337), as amended by section 211(f) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328), as redesignated by subsection (a)(3) of this
section, is amended by striking ``Assistant Secretary'' and
inserting ``Under Secretary''.
SEC. 214. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.
Section 2374a of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``in recognition of''
and inserting ``and other types of prizes that the Secretary
determines are appropriate to recognize'';
(2) in subsection (c), by striking ``cash'' both places it
appears;
(3) in subsection (e)--
(A) by striking ``and from State and local governments''
and inserting ``, from State and local governments, and from
the private sector''; and
(B) by adding at the end the following: ``The Secretary may
not give any special consideration to any private sector
entity in return for a donation.''; and
(4) by amending subsection (f) to read as follows:
``(f) Use of Prize Authority.--Use of prize authority under
this section shall be considered the use of competitive
procedures for the purposes of section 2304 of this title.''.
SEC. 215. EXPANSION OF DEFINITION OF COMPETITIVE PROCEDURES
TO INCLUDE COMPETITIVE SELECTION FOR AWARD OF
RESEARCH AND DEVELOPMENT PROPOSALS.
Section 2302(2)(B) of title 10, United States Code, is
amended by striking ``basic research'' and inserting
``research and development''.
SEC. 216. INCLUSION OF MODELING AND SIMULATION IN TEST AND
EVALUATION ACTIVITIES FOR PURPOSES OF PLANNING
AND BUDGET CERTIFICATION.
Section 196 of title 10, United States Code, is amended--
(1) in subsection (d)(1), in the first sentence, by
inserting ``, including modeling and simulation
capabilities'' after ``and resources''; and
(2) in subsection (e)(1), by inserting ``, including
modeling and simulation activities,'' after ``evaluation
activities''.
SEC. 217. DIFFERENTIATION OF RESEARCH AND DEVELOPMENT
ACTIVITIES FROM SERVICE ACTIVITIES.
(a) In General.--For the purposes of activities and
programs carried out by the Department of Defense, research
and development activities, including activities under the
Small Business Innovation Research Program (SBIR) or the
Small Business Technology Transfer Program (STTR), shall be
considered as separate and distinct from contract service
activities.
(b) Guidance.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
issue updated guidance to carry out this section.
(c) Definitions.--
(1) In general.--In this section:
(A) The term ``advisory and assistance service'' has the
meaning given such term in section 1105(g)(2) of title 31,
United States Code.
(B) The term ``research and development activities''--
(i) means--
(I) creative work undertaken on a systematic basis in order
to increase the stock of knowledge, including the knowledge
of man, culture, and society; and
(II) the use of the stock of knowledge described in
subparagraph (A) to devise new applications; and
(ii) includes activities described in section 9 of the
Small Business Act (15 U.S.C. 638).
(C) The term ``contract service activities'' has the
meaning given the term ``contract services'' in section
2330(c) of title 10, United States Code.
(D) The terms ``Small Business Innovation Research
Program'' and ``Small Business Technology Transfer Program''
have the meanings given such terms in section 9(e) of the
Small Business Act (15 U.S.C. 638(e)).
(2) Definition of services for purposes of requirements
relating to tracking of purchases of services.--Section
2330a(h) of title 10, United States Code, is amended by
inserting after paragraph (4) the following new paragraph:
``(5) Services.--The term `services' has the meaning given
the term `contract services' in section 2330(c) of this
title.''.
SEC. 218. DESIGNATION OF ADDITIONAL DEPARTMENT OF DEFENSE
SCIENCE AND TECHNOLOGY REINVENTION
LABORATORIES.
Section 1105(a) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)
is amended by adding at the end the following new paragraphs:
``(20) The Air Force Office of Scientific Research.
``(21) The 711th Human Performance Wing of the Air Force
Research Laboratory.
``(22) The Air Vehicles Directorate of the Air Force
Research Laboratory.
``(23) The Directed Energy Directorate of the Air Force
Research Laboratory.
``(24) The Information Directorate of the Air Force
Research Laboratory.
``(25) The Materials and Manufacturing Directorate of the
Air Force Research Laboratory.
``(26) The Munitions Directorate of the Air Force Research
Laboratory.
``(27) The Propulsion Directorate of the Air Force Research
Laboratory.
``(28) The Sensors Directorate of the Air Force Research
Laboratory.
``(29) The Space Vehicles Directorate of the Air Force
Research Laboratory.
``(30) The Naval Facilities Engineering and Expeditionary
Warfare Center.''.
SEC. 219. DEPARTMENT OF DEFENSE DIRECTED ENERGY WEAPON SYSTEM
PROTOTYPING AND DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary of Defense, acting
through the Under Secretary, shall establish a program on the
prototyping and demonstration of directed energy weapon
systems to build and maintain the military superiority of the
United States by--
(1) accelerating the fielding of directed energy weapon
systems that would help counter technological advantages of
potential adversaries of the United States; and
(2) supporting the military departments, the combatant
commanders, the United States Special Operations Command, and
the Missile Defense Agency in developing prototypes and
demonstrating operational utility of high energy lasers and
high powered microwave weapon systems.
(b) Guidelines.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary shall issue
guidelines for the operation of the program established under
subsection (a), including--
(A) criteria for an application for funding by a military
department, defense agency, or a combatant command;
(B) the priorities, if any, to be provided to field
directed energy weapon system technologies developed by
research funding of the Department or industry; and
(C) criteria for evaluation of an application for funding
or changes to policies or acquisition and business practices
by such a department, agency, or command for purposes of
improving the effectiveness and efficiency of the Program.
(2) Limitation.--Funding for a military department, defense
agency, or combatant command under the program established
under subsection (a) may only be available for advanced
technology development, prototyping, and demonstrations in
which the Department of Defense maintains management of the
technical baseline and a primary emphasis on technology
transition and evaluating military utility to enhance the
likelihood that the particular directed energy weapon system
will meet the Department end user's need.
(c) Applications for Funding.--
(1) In general.--Not less frequently than once each year,
the Under Secretary shall solicit from the heads of the
military departments, the defense agencies, and the combatant
commands applications for funding under the program
established under subsection (a) to be used to enter into
contracts, cooperative agreements, or other transaction
agreements entered into pursuant to section 2371b of title
10, United States Code, with appropriate entities for the
fielding or commercialization of technologies.
(2) Treatment pursuant to certain congressional rules.--
Nothing in this section shall be construed to require any
official of the Department of Defense to provide funding
under the program to any congressional earmark as defined
pursuant to clause 9 of rule XXI of the Rules of the House of
Representatives or any congressionally directed spending item
as defined pursuant to paragraph 5 of rule XLIV of the
Standing Rules of the Senate.
(d) Funding.--
(1) In general.--Except as provided in paragraph (2) and
subject to the availability of appropriations for such
purpose, of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2018 for
research, development, test, and evaluation, defense-wide,
$200,000,000 shall 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 subsection (a).
(2) Limitation.--Not more than half of the amounts made
available under paragraph (1) may be allocated as described
in such paragraph until the Under Secretary--
(A) develops the strategic plan required by section
219(a)(2)(A) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2431 note);
and
(B) submits such strategic plan to the congressional
defense committees.
[[Page S5903]]
(e) Designation of Under Secretary of Defense for Research
and Engineering as the Official With Principal Responsibility
for Development and Demonstration of Directed Energy
Weapons.--Section 219(a)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
10 U.S.C. 2431 note) is amended by striking ``Not later'' and
all that follows through ``of Defense'' and inserting ``The
Under Secretary of Defense for Research and Engineering shall
serve''.
(f) Under Secretary Defined.--In this section, the term
``Under Secretary'' means the Under Secretary of Defense for
Research and Engineering in the Under Secretary's capacity as
the official with principal responsibility for the
development and demonstration of directed energy weapons
pursuant to section 219(a)(1) of such Act (Public Law 114-
328; 10 U.S.C. 2431 note), as amended by subsection (e).
SEC. 220. AUTHORITY FOR THE UNDER SECRETARY OF DEFENSE FOR
RESEARCH AND ENGINEERING TO PROMOTE INNOVATION
IN THE DEPARTMENT OF DEFENSE.
The Secretary of Defense shall establish procedures under
which the Under Secretary of Defense for Research and
Engineering may request a time-limited review and if
necessary require coordination on and modification of
proposed directives, rules, regulations, and other policies
that in Under Secretary's view would adversely affect the
ability of the innovation, research, and engineering
enterprise of the Department of Defense to effectively and
efficiently execute its missions, including policies and
practices concerning the following:
(1) Personnel and talent management.
(2) Financial management and budgeting.
(3) Infrastructure, installations, and military
construction.
(4) Acquisition.
(5) Management.
(6) Such other areas as the Secretary may designate.
SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR F-35 JOINT
STRIKE FIGHTER FOLLOW-ON MODERNIZATION.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2018 or any other
fiscal year for the Department of Defense may be obligated
for F-35 Joint Strike Fighter Follow-On Modernization until
the Secretary of Defense provides the final report required
under section 224(d) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328).
SEC. 222. IMPROVEMENT OF UPDATE PROCESS FOR POPULATING
MISSION DATA FILES USED IN ADVANCED COMBAT
AIRCRAFT.
(a) Improvements To Update Process.--
(1) In general.--The Secretary of Defense shall take such
actions as may be necessary to improve the process used to
update the mission data files used in advanced combat
aircraft of the United States so that such updates can occur
more quickly.
(2) Requirements.--In improving the process under paragraph
(1), the Secretary shall ensure the following:
(A) That under such process, updates to the mission data
files are developed, operationally tested, and loaded onto
systems of advanced combat aircraft while in theaters of
operation in a time-sensitive manner to allow for the
distinguishing of threats, including distinguishing friends
from foes, loading and delivery of weapon suites, and
coordination with allied and coalition armed forces.
(B) When updates are made to the mission data files, all
areas of responsibility (AoRs) are included.
(C) The process includes best practices relating to such
mission data files that have been identified by industry and
allies of the United States.
(D) The process improves the exchange of information
between weapons systems of the United States and weapon
systems of allies and partners of the United States, with
respect to such mission data files.
(b) Consultation and Pilot Programs.--In carrying out
subsection (a), the Secretary shall consult the innovation
organizations resident in the Department of Defense and may
consider carrying out a pilot program under another provision
of this Act.
(c) Report.--Not later than March 31, 2018, the Secretary
shall submit to the congressional defense committees a report
on the actions taken by the Secretary under subsection (a)(1)
and how the process described in such subsection has been
improved.
Subtitle C--Reports and Other Matters
SEC. 231. COMPETITIVE ACQUISITION PLAN FOR LOW PROBABILITY OF
DETECTION DATA LINK NETWORKS.
(a) Plan Required.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics and the Vice Chairman
of the Joint Chiefs of Staff shall jointly, in consultation
with the Secretary of the Navy and the Secretary of the Air
Force, develop a plan to procure a secure, low probability of
detection data link network capability with the ability to
effectively operate in hostile jamming environments while
preserving the low observable characteristics of the relevant
platforms, between existing and planned--
(1) fifth-generation combat aircraft;
(2) fifth-generation and fourth-generation combat aircraft;
(3) fifth-generation and fourth-generation combat aircraft
and appropriate support aircraft and other network nodes for
command, control, communications, intelligence, surveillance,
and reconnaissance purposes; and
(4) fifth-generation and fourth-generation combat aircraft
and their associated network-enabled precision weapons.
(b) Additional Plan Requirements.--The plan required by
subsection (a) shall include--
(1) nonproprietary and open systems approaches compatible
with the Rapid Capabilities Office Open Mission Systems
initiative of the Air Force and the Future Airborne
Capability Environment initiative of the Navy;
(2) a competitive acquisition process, to include
comparative flight demonstrations in realistic airborne
environments; and
(3) low risk and affordable solutions with minimal impact
or changes to existing host platforms, and minimal overall
integration costs.
(c) Briefing.--Not later than February 15, 2018, the Under
Secretary and the Vice Chairman shall provide to the
congressional defense committees written documentation and
briefing on the plan developed under subsection (a).
(d) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2018
for operations and maintenance for the Office of the
Secretary of Defense and the Office of the Chairman of the
Joint Chiefs of Staff, not more than 85 percent may be
obligated or expended until a period of 15 days has elapsed
following the date on which the Under Secretary and Vice
Chairman submits to the congressional defense committees the
plan required by subsection (a).
SEC. 232. CLARIFICATION OF SELECTION DATES FOR PILOT PROGRAM
FOR THE ENHANCEMENT OF THE RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION CENTERS OF
THE DEPARTMENT OF DEFENSE.
Section 233 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) in subsection (b)(2), by striking ``the enactment of
this Act'' both places it appears and inserting ``such
submittal''; and
(2) in subsection (c)(1), by striking ``propose and
implement'' and inserting ``submit to the Assistant Secretary
concerned a proposal on, and implement,''.
SEC. 233. REQUIREMENT FOR A PLAN TO BUILD A PROTOTYPE FOR A
NEW GROUND COMBAT VEHICLE FOR THE ARMY.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Army shall
submit to the congressional defense committees a plan to
build a prototype for a new ground combat vehicle for the
Army.
(b) Contents.--The plan required by subsection (a) shall
include the following:
(1) A description of how the Secretary intends to exploit
the latest enabling component technologies that have the
potential to dramatically change basic combat vehicle design
and improve lethality, protection, mobility, range, and
sustainment, including an analysis of capabilities of the
most advanced foreign ground combat vehicles and whether any
have characteristics that should inform the development of
the Army's prototype vehicle, including whether any United
States allies or partners have advanced capabilities that
could be directly incorporated in the prototype.
(2) The schedule, cost, key milestones, and leadership plan
to rapidly design and build the prototype ground combat
vehicle.
SEC. 234. PLAN FOR SUCCESSFULLY FIELDING THE INTEGRATED AIR
AND MISSILE DEFENSE BATTLE COMMAND SYSTEM.
(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the congressional defense committees a plan to
successfully field a suitable, survivable, and effective
Integrated Air and Missile Defense Battle Command System
program.
(b) Limitation.--None of the funds authorized to be
appropriated by this Act for research, development, test, and
evaluation may be obligated by the Secretary of the Army for
the Army Integrated Air and Missile Defense and the
Integrated Air and Missile Defense Battle Command System
until the date on which the plan is submitted under
subsection (a).
SEC. 235. SENSE OF CONGRESS ON HYPERSONIC WEAPONS.
(a) Findings.--Congress makes the following findings:
(1) The United States has gained a thorough understanding
of hypersonic technology over the course of seven decades of
experimentation.
(2) The requirements for technological breakthroughs in
hypersonics have largely been established, allowing pursuit
of hypersonic glide weapons without a prohibitive budget
effect.
(3) The Department of Defense has several hypersonic
research and development efforts underway, including
conventional prompt global strike (CPS) weapons system, the
Hypersonic Air-Breathing Weapon Concept, and the Tactical
Boost Glide program.
(4) In testimony before the Committee on Armed Services of
the Senate on April 4, 2017, the Commander of United States
Strategic Command, General John Hyten, identified the
conventional prompt global strike weapons system as the
``leading technology maturation effort in the realm of
hypersonics'' and stated that his command sees ``an
operational need for a CPS capabilities by the mid-2020s.''.
(5) Hypersonic weapons present a radical change in warfare,
because they can circumvent many of the challenges associated
with contested warfare and integrated air defenses.
(6) Hypersonic weapons may provide solutions to difficult
problem sets, such as anti-access area denial schemes, deeply
buried or hardened target sets, and mobile high value target
sets.
(7) Other countries are aggressively pursuing hypersonic
weapons at an alarming rate that threaten to outpace the
United States if the United States does not more aggressively
pursue development of hypersonic weapons.
(8) The Air Force has a $10,000,000 requirement on the
Unfunded Priority List for hypersonic prototyping.
[[Page S5904]]
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense should expedite testing,
evaluation, and acquisition of hypersonic weapon systems to
meet the stated needs of the warfighter;
(2) testing of such weapon systems should include flight
testing, ground based testing, and underwater launch testing;
(3) the Department of Defense should adhere to the
requirement in section 1688 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
to proceed to a Milestone A decision on the conventional
prompt global strike weapons system not later than September
30, 2020, or the date that is 240 days after the successful
completion of intermediate range flight 2 of such system;
(4) the United States cannot afford to lose its advantage
over foreign countries in developing hypersonic weapons; and
(5) the Department of Defense should focus on the next
generation of weapon systems, including third offset
technologies, such as hypersonics.
SEC. 236. IMPORTANCE OF HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS.
(a) Findings.--Congress finds that--
(1) historically Black colleges and universities (HBCUs)
and minority-serving institutions play a vital role in
educating low-income and underrepresented students in areas
of national need;
(2) HBCUs and minority-serving institutions presently are
collaborating with the Department of Defense in research and
development efforts that contribute to the defense readiness
and national security of the Nation;
(3) by their research these institutions are helping to
develop the next generation of scientists and engineers who
will help lead the Department of Defense in addressing high-
priority national security challenges; and
(4) it is important to further engage HBCUs and minority-
serving institutions in university research and innovation,
especially in prioritizing software development and cyber
security by utilizing existing Department of Defense labs,
and collaborating with existing programs that help attract
candidates, including programs like the Air Force Minority
Leaders Programs, which recruit Americans from diverse
background to serve their country through service in our
Nation's military.
(b) Increase.--Funds authorized to be appropriated in
Research, Development, Test, and Evaluation, Defense-wide, PE
61228D8Z, section 4201, for Basic Research, Historically
Black Colleges and Universities/Minority Institutions, Line
006, are hereby increased by $12,000,000.
(c) Offset.--Funding in section 4101 for Other Procurement,
Army, for Automated Data Processing Equipment, Line 108, is
hereby reduced by $12,000,000.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4301.
Subtitle B--Logistics and Sustainment
SEC. 311. SENTINEL LANDSCAPES PARTNERSHIP.
(a) Establishment.--The Secretary of Defense, in
coordination with the Secretary of Agriculture and the
Secretary of the Interior, may establish and carry out a
program to preserve sentinel landscapes. The program shall be
known as the ``Sentinel Landscapes Partnership''.
(b) Designation of Sentinel Landscapes.--The Secretary of
Defense, in consultation with the Secretary of Agriculture
and the Secretary of the Interior, may, as the Secretary
determines appropriate, collectively designate one or more
sentinel landscapes.
(c) Coordination of Activities.--The Secretaries may
coordinate actions between their departments and with other
agencies and private organizations to more efficiently work
together for the mutual benefit of conservation, working
lands, and national defense, and to encourage private
landowners to engage in voluntary land management and
conservation activities that contribute to the sustainment of
military installations, ranges, and airspace.
(d) Priority Consideration.--The Secretary of Agriculture
and the Secretary of the Interior may give to any eligible
landowner or agricultural producer within a designated
sentinel landscape priority consideration for participation
in any easement, grant, or assistance programs administered
by that Secretary's department. Participation in any such
program pursuant to this section shall be voluntary.
(e) Definitions.--In this section:
(1) Military installation.--The term ``military
installation'' has the same meaning as provided in section
670(1) of title 16, United States Code.
(2) State-owned national guard installation.--The term
``State-owned National Guard installation'' has the same
meaning as provided in section 670(3) of title 16, United
States Code.
(3) Sentinel landscape.--The term ``sentinel landscape''
means a landscape-scale area encompassing--
(A) one or more military installations or state-owned
National Guard installations and associated airspace; and
(B) the working or natural lands that serve to protect and
support the rural economy, the natural environment, outdoor
recreation, and the national defense test and training
missions of the military- or State-owned National Guard
installation or installations.
(f) Conforming Amendment.--Section 312(b) of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law
113-66; 127 Stat. 729; 10 U.S.C. 2684a note) is repealed.
SEC. 312. INCREASED PERCENTAGE OF SUSTAINMENT FUNDS
AUTHORIZED FOR REALIGNMENT TO RESTORATION AND
MODERNIZATION AT EACH INSTALLATION.
(a) In General.--The Secretary of Defense may authorize an
installation commander to realign up to 7.5 percent of an
installation's sustainment funds to restoration and
modernization.
(b) Sunset.--The authority under subsection (a) shall
expire at the close of September 30, 2022.
(c) Definitions.--The terms ``sustainment'',
``restoration'', and ``modernization'' have the meanings
given the terms in the Department of Defense Financial
Management Regulation.
Subtitle C--Reports
SEC. 321. PLAN FOR MODERNIZED, DEDICATED DEPARTMENT OF THE
NAVY ADVERSARY AIR TRAINING ENTERPRISE.
(a) Plan Required.--The Chief of Naval Operations and the
Commandant of the Marine Corps shall develop a plan--
(1) to establish a modernized, dedicated adversary air
training enterprise for the Department of the Navy in order
to--
(A) maximize warfighting effectiveness and synergies of the
current and planned fourth and fifth generation combat air
forces through optimized training and readiness; and
(B) harness intelligence analysis, emerging live-virtual-
constructive training technologies, range infrastructure
improvements, and results of experimentation and prototyping
efforts in operational concept development;
(2) to explore all available opportunities to challenge the
combat air forces of the Department of the Navy with threat
representative adversary-to-friendly aircraft ratios, known
and emerging adversary tactics, and high-fidelity replication
of threat airborne and ground capabilities; and
(3) to execute all means available to achieve training and
readiness goals and objectives of the Navy and Marine Corps
with demonstrated institutional commitment to the adversary
air training enterprise through the application of Department
of the Navy policy and resources, partnering with the other
Armed Forces, allies, and friends, and employing the use of
industry contracted services.
(b) Plan Elements.--The plan required under subsection (a)
shall include enterprise goals, objectives, concepts of
operations, phased implementation timelines, analysis of
expected readiness improvements, prioritized resource
requirements, and such other matters as the Chief of Naval
Operations and Commandant of the Marine Corps consider
appropriate.
(c) Submittal of Plan and Briefing.--Not later than March
1, 2018, the Chief of Naval Operations and Commandant of the
Marine Corps shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
written plan and briefing on the plan required under
subsection (a).
Subtitle D--Other Matters
SEC. 331. DEFENSE SITING CLEARINGHOUSE.
(a) Codification.--Chapter 7 of title 10, United States
Code, is amended by inserting after section 183 the following
new section:
``Sec. 183a. Defense Siting Clearinghouse for review of
mission obstructions
``(a) Establishment.--(1) The Secretary of Defense shall
establish a Defense Siting Clearinghouse (in this section
referred to as the `Clearinghouse').
``(2) The Clearinghouse shall be--
``(A) organized under the authority, direction, and control
of an Assistant Secretary of Defense designated by the
Secretary; and
``(B) assigned such personnel and resources as the
Secretary considers appropriate to carry out this section.
``(b) Functions.--(1) The Clearinghouse shall coordinate
Department of Defense review of applications for energy
projects filed with the Secretary of Transportation pursuant
to section 44718 of title 49 and received by the Department
of Defense from the Secretary of Transportation.
``(2) The Clearinghouse shall accelerate the development of
planning tools necessary to determine the acceptability to
the Department of Defense of proposals included in an
application for an energy project submitted pursuant to such
section.
``(3) The Clearinghouse shall perform such other functions
as the Secretary of Defense assigns.
``(c) Review of Proposed Actions.--(1) Not later than 30
days after receiving from the Secretary of Transportation a
proper application for an energy project under section 44718
of title 49 that may have an adverse impact on military
operations and readiness, the Clearinghouse shall conduct a
preliminary review of such application. The review shall--
``(A) assess the likely scope, duration, and level of risk
of any adverse impact of such energy project on military
operations and readiness; and
``(B) identify any feasible and affordable actions that
could be taken by the Department, the developer of such
energy project, or others to mitigate the adverse impact and
to minimize risks to national security while allowing the
energy project to proceed with development.
``(2) If the Clearinghouse determines under paragraph (1)
that an energy project will have an adverse impact on
military operations and readiness, the Clearinghouse shall
issue to the applicant a notice of presumed risk that
describes the concerns identified by the Department in the
preliminary review and requests a discussion of possible
mitigation actions.
``(3) At the same time that the Clearinghouse issues to the
applicant a notice of presumed risk
[[Page S5905]]
under paragraph (2), the Clearinghouse shall provide the same
notice to the governor of the State in which the project is
located and request that the governor provide the
Clearinghouse any comments the governor believes of relevance
to the application. The Secretary of Defense shall consider
the comments of the governor in the Secretary's evaluation of
whether the project presents an unacceptable risk to the
national security of the United States and shall include the
comments with the determination provided to the Secretary of
Transportation pursuant to section 44718(f) of title 49.
``(4) The Clearinghouse shall develop, in coordination with
other departments and agencies of the Federal Government, an
integrated review process to ensure timely notification and
consideration of energy projects filed with the Secretary of
Transportation pursuant to section 44718 of title 49 that may
have an adverse impact on military operations and readiness.
``(5) The Clearinghouse shall establish procedures for the
Department of Defense for the coordinated consideration of
and response to a request for a review received from another
Federal agency, a State government, an Indian tribal
government, a local government, a landowner, or the developer
of an energy project, including guidance to personnel at each
military installation in the United States on how to initiate
such procedures and ensure a coordinated Department response.
``(6) The Clearinghouse shall develop procedures for
conducting early outreach to parties carrying out energy
projects that could have an adverse impact on military
operations and readiness and to clearly communicate to such
parties actions being taken by the Department of Defense
under this section. The procedures shall provide for filing
by such parties of a project area and preliminary project
layout at least one year before expected construction of any
project proposed within a military training route or within
line-of-sight of any air route surveillance radar or airport
surveillance radar operated or used by the Department of
Defense in order to provide adequate time for analysis and
negotiation of mitigation options. Material marked as
proprietary or competition sensitive by a party filing for
this preliminary review shall be protected from public
release by the Department of Defense.
``(d) Comprehensive Review.--(1) The Secretary of Defense
shall develop a comprehensive strategy for addressing the
military impacts of projects filed with the Secretary of
Transportation pursuant to section 44718 of title 49.
``(2) In developing the strategy required by paragraph (1),
the Secretary shall--
``(A) assess of the magnitude of interference posed by
projects filed with the Secretary of Transportation pursuant
to section 44718 of title 49;
``(B) for the purpose of informing preliminary reviews
under subsection (c)(1) and early outreach efforts under
subsection (c)(5), identify geographic areas selected as
proposed locations for projects filed, or which may be filed
in the future, with the Secretary of Transportation pursuant
to section 44718 of title 49 where such projects could have
an adverse impact on military operations and readiness and
categorize the risk of adverse impact in such areas; and
``(C) specifically identify feasible and affordable long-
term actions that may be taken to mitigate adverse impacts of
projects filed, or which may be filed in the future, with the
Secretary of Transportation pursuant to section 44718 of
title 49, on military operations and readiness, including--
``(i) investment priorities of the Department of Defense
with respect to research and development;
``(ii) modifications to military operations to accommodate
applications for such projects;
``(iii) recommended upgrades or modifications to existing
systems or procedures by the Department of Defense;
``(iv) acquisition of new systems by the Department and
other departments and agencies of the Federal Government and
timelines for fielding such new systems; and
``(v) modifications to the projects for which such
applications are filed, including changes in size, location,
or technology.
``(e) Department of Defense Determination of Unacceptable
Risk.--(1) The Secretary of Defense may not object to an
energy project filed with the Secretary of Transportation
pursuant to section 44718 of title 49, except in a case in
which the Secretary of Defense determines, after giving full
consideration to mitigation actions identified pursuant to
this section, that such project, in isolation or cumulatively
with other projects, would result in an unacceptable risk to
the national security of the United States. Such a
determination shall constitute a finding pursuant to section
44718(f) of title 49.
``(2)(A) Not later than 30 days after making a
determination of unacceptable risk under paragraph (1), the
Secretary of Defense shall submit to the congressional
defense committees a report on such determination and the
basis for such determination. Such report shall include an
explanation of the operational impact that led to the
determination, a discussion of the mitigation options
considered, and an explanation of why the mitigation options
were not feasible or did not resolve the conflict. The
Secretary of Defense may provide public notice through the
Federal Register of the determination.
``(B) The Secretary of Defense shall notify the appropriate
State agency of a determination made under paragraph (1).
``(3) The Secretary of Defense may only delegate the
responsibility for making a determination of unacceptable
risk under paragraph (1) to the Deputy Secretary of Defense,
an under secretary of defense, or a deputy under secretary of
defense.
``(f) Authority to Accept Contributions of Funds.--The
Secretary of Defense is authorized to request and accept a
voluntary contribution of funds from an applicant for a
project filed with the Secretary of Transportation pursuant
to section 44718 of title 49. Amounts so accepted shall
remain available until expended for the purpose of offsetting
the cost of measures undertaken by the Secretary of Defense
to mitigate adverse impacts of such a project on military
operations and readiness or to conduct studies of potential
measures to mitigate such impacts.
``(g) Effect of Department of Defense Hazard Assessment.--
An action taken pursuant to this section shall not be
considered to be a substitute for any assessment or
determination required of the Secretary of Transportation
under section 44718 of title 49.
``(h) Savings Clause.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
``(i) Definitions.--In this section:
``(1) The term `adverse impact on military operations and
readiness' means any adverse impact upon military operations
and readiness, including flight operations, research,
development, testing, and evaluation, and training, that is
demonstrable and is likely to impair or degrade the ability
of the armed forces to perform their warfighting missions.
``(2) The term `energy project' means a project that
provides for the generation or transmission of electrical
energy.
``(3) The term `landowner' means a person that owns a fee
interest in real property on which a proposed energy project
is planned to be located.
``(4) The term `military installation' has the meaning
given that term in section 2801(c)(4) of this title.
``(5) The term `military readiness' includes any training
or operation that could be related to combat readiness,
including testing and evaluation activities.
``(6) The term `military training route' means a training
route developed as part of the Military Training Route
Program, carried out jointly by the Federal Aviation
Administration and the Secretary of Defense, for use by the
armed forces for the purpose of conducting low-altitude,
high-speed military training.
``(7) The term `unacceptable risk to the national security
of the United States' means the construction, alteration,
establishment, or expansion, or the proposed construction,
alteration, establishment, or expansion, of a structure or
sanitary landfill that would--
``(A) significantly endanger safety in air commerce,
related to the activities of the Department of Defense;
``(B) significantly interfere with the efficient use and
preservation of the navigable airspace and of airport traffic
capacity at public-use airports, related to the activities of
the Department of Defense; or
``(C) significantly impair or degrade the capability of the
Department of Defense to conduct training, research,
development, testing, and evaluation, and operations or to
maintain military readiness.''.
(b) Conforming and Clerical Amendments.--
(1) Repeal of existing provision.--Section 358 of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011 (49 U.S.C. 44718 note) is repealed.
(2) Cross-reference in title 49, united states code.--
Section 44718(f) of title 49, United States Code, is amended
by inserting ``and in accordance with section 183a(e) of
title 10'' after ``conducted under subsection (b)''.
(3) Reference to regulations.--Section 44718(g) of title
49, United States Code, is amended by striking ``211.3 of
title 32, Code of Federal Regulations, as in effect on
January 6, 2014'' both places it appears and inserting
``183a(i) of title 10''.
(4) Table of sections amendment.--The table of sections at
the beginning of chapter 7 of title 10 is amended by
inserting after the item relating to section 183 the
following new item:
``183a. Defense Siting Clearinghouse for review of mission
obstructions.''.
(c) Applicability of Existing Rules and Regulations.--
Notwithstanding the amendments made by subsection (a), any
rule or regulation promulgated to carry out section 358 of
the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (49 U.S.C. 44718 note), that is in effect on the
day before the date of the enactment of this Act shall
continue in effect and apply to the extent such rule or
regulation is consistent with the authority under section
183a of title 10, United States Code, as added by subsection
(a), until such rule or regulation is otherwise amended or
repealed.
SEC. 332. TEMPORARY INSTALLATION REUTILIZATION AUTHORITY FOR
ARSENALS, DEPOTS, AND PLANTS.
(a) Modified Authority.--In the case of a military
manufacturing arsenal, depot, or plant, the Secretary of the
Army may authorize leases and contracts under section 2667 of
title 10, United States Code, for a term of up to 25 years,
notwithstanding subsection (b)(1) of such section, if the
Secretary determines that a lease or contract of that
duration will promote the national defense for the purpose
of--
(1) helping to maintain the viability of the military
manufacturing arsenal, depot, or plant and any military
installations on which it is located;
(2) eliminating, or at least reducing, the cost of
Government ownership of the military manufacturing arsenal,
depot, or plant, including the costs of operations and
maintenance, the costs of environmental remediation, and
other costs; and
(3) leveraging private investment at the military
manufacturing arsenal, depot, or plant through long-term
facility use contracts, property management contracts,
leases, or other
[[Page S5906]]
agreements that support and advance the preceding purposes.
(b) Delegation and Review Process.--
(1) In general.--The Secretary of the Army may delegate the
authority provided by this section to the commander of the
major subordinate command of the Army that has responsibility
for the military manufacturing arsenal, depot, or plant or,
if part of a larger military installation, the installation
as a whole. The commander may approve a lease or contract
under such authority on a case-by-case basis or a class
basis.
(2) Notice of approval.--Upon any approval of a lease or
contract by a commander pursuant to a delegation of authority
under paragraph (1), the commander shall notify the Army real
property manager and Congress of the approval.
(3) Review period.--Any lease or contract that is approved
utilizing the delegation authority under paragraph (1) is
subject to a 90-day hold period so that the Army real
property manager may review the lease or contract pursuant to
paragraph (4).
(4) Disposition of review.--If the Army real property
manager disapproves of a contract or lease submitted for
review under paragraph (3), the agreement shall be null and
void upon transmittal by the real property manager to the
delegating authority of a written disapproval, including a
justification for such disapproval, within the 90-day hold
period. If no such disapproval is transmitted within the 90-
day hold period, the agreement shall be deemed approved.
(5) Approval of revised agreement.--If, not later than 60
days after receiving a disapproval under paragraph (4), the
delegating authority submits to the Army real property
manager a new contract or lease that addresses the concerns
of the Army real property manager outlined in such
disapproval, the new contract or lease shall be deemed
approved unless the Army real property manager transmits to
the delegating authority a disapproval of the new contract or
lease within 30 days of such submission.
(c) Military Manufacturing Arsenal, Depot, or Plant
Defined.--In this section, the term ``military manufacturing
arsenal, depot, or plant'' means a Government-owned,
Government-operated defense plant of the Army that
manufactures weapons, weapon components, or both.
(d) Sunset.--The authority under this section shall
terminate at the close of September 30, 2020. Any contracts
entered into on or before such date shall continue in effect
according to their terms.
SEC. 333. PILOT PROGRAM FOR OPERATION AND MAINTENANCE BUDGET
PRESENTATION.
(a) In General.--Along with the budget for fiscal years
2019, 2020, and 2021 submitted by the President pursuant to
section 1105(a) of title 31, United States Code, the
Secretary of Defense and the Secretaries of the military
departments shall submit to the Committees on Armed Services
of the Senate and the House of Representatives an annex for
the following Operation and Maintenance sub-activity groups
(SAG):
(1) For the Army:
(A) SAG 111 - Maneuver Units.
(B) SAG 123 - Land Forces Depot Maintenance.
(C) SAG 131 - Base Operations Support.
(D) SAG 322 - Flight Training.
(2) For the Navy:
(A) SAG 1A5A - Aircraft Depot Maintenance.
(B) SAG 1B1B - Mission and Other Ship Operations.
(C) SAG 1B4B - Ship Depot Maintenance.
(D) SAG BSS1 - Base Operating Support.
(3) For the Marine Corps:
(A) SAG 1A1A - Operational Forces.
(B) SAG 1A3A - Depot Maintenance.
(C) SAG 1B1B - Field Logistics.
(D) SAG BSS1 - Base Operating Support.
(4) For the Air Force:
(A) SAG 011A - Primary Combat Forces.
(B) SAG 011Y - Flying Hour Program.
(C) SAG 011Z - Base Support.
(D) SAG 021M - Depot Maintenance.
(b) Elements.--The annex required under subsection (a)
shall include the following elements:
(1) A summary by appropriation account with subtotals for
Department of Defense components.
(2) A summary of each appropriation account by budget
activity, activity group, and sub-activity group with budget
activity and activity group subtotals and an appropriation
total.
(3) A detailed sub-activity group by program element and
expense aggregate listing in budget activity and activity
group sequence.
(4) A rollup document by sub-activity group with
accompanying program element funding with the PB-61 program
element tags included.
(5) A summary of each depot maintenance facility with
information on workload, work force, sources of funding, and
expenses similar to the exhibit on Mission Funded Naval
Shipyards included with the 2012 Navy Budget Justification.
(6) A summary of contractor logistics support for each
program element, including a measure of workload and unit
cost.
(c) Formatting.--The annex required under subsection (a)
shall be formatted in accordance with relevant Department of
Defense financial management regulations that provide
guidance for budget submissions to Congress.
SEC. 334. SERVICEWOMEN'S COMMEMORATIVE PARTNERSHIPS.
(a) In General.--The Secretary of Defense may provide not
more than $5,000,000 in financial support for the
acquisition, installation, and maintenance of exhibits,
facilities, historical displays, and programs at military
service memorials and museums that highlight the role of
women in the military. The Secretary may enter into a
contract, partnership, or grant with a non-profit
organization for the purpose of performing such acquisition,
installation, and maintenance.
(b) Purposes.--The contracts, partnerships, or grants shall
be limited to serving the purposes of--
(1) preserving the history of the 3,000,000 women who have
served in the United States Armed Forces;
(2) managing an archive of artifacts, historic memorabilia,
and documents related to servicewomen;
(3) maintaining a women veterans' oral history program; and
(4) conducting other educational programs related to women
in service.
SEC. 335. AUTHORITY FOR AGREEMENTS TO REIMBURSE STATES FOR
COSTS OF SUPPRESSING WILDFIRES ON STATE LANDS
CAUSED BY DEPARTMENT OF DEFENSE ACTIVITIES
UNDER LEASES AND OTHER GRANTS OF ACCESS TO
STATE LANDS.
Section 2691 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) The Secretary of Defense may, in any lease, permit,
license, or other grant of access for use of lands owned by a
State, agree to reimburse the State for the reasonable costs
of the State in suppressing wildland fires caused by the
activities of the Department of Defense under such lease,
permit, license, or other grant of access.''.
SEC. 336. REPURPOSING AND REUSE OF SURPLUS ARMY FIREARMS.
(a) Required Transfer.--Not later than 90 days after the
date of the enactment of this Act, and subject to subsection
(c), the Secretary of the Army shall transfer to Rock Island
Arsenal all excess firearms, related spare parts and
components, small arms ammunition, and ammunition components
currently stored at Defense Distribution Depot, Anniston,
Alabama, that are no longer actively issued for military
service and that are otherwise prohibited from commercial
sale, or distribution, under Federal law.
(b) Repurposing and Reuse.--The items specified for
transfer under subsection (a) shall be melted and repurposed
for military use as determined by the Secretary of the Army,
including--
(1) the reforging of new firearms or their components; and
(2) force protection barriers and security bollards.
(c) Items Exempt From Transfer.--M-1 Garand, caliber .45
M1911/M1911A1 pistols, and caliber .22 rimfire rifles are not
subject to the transfer requirement under subsection (a).
SEC. 337. DEPARTMENT OF THE NAVY MARKSMANSHIP AWARDS.
Section 40728 of title 36, United States Code, is amended
by adding at the end the following new subsection:
``(i) Authorized Navy Transfers.--(1) Notwithstanding
subsections (a) and (b), the Secretary of the Navy may
transfer to the corporation, in accordance with the
procedures prescribed in this subchapter, M-1 Garand and
caliber .22 rimfire rifles held within the inventories of the
United States Navy and the United States Marine Corps and
stored at Defense Distribution Depot, Anniston, Alabama, or
Naval Surface Warfare Center, Crane, Indiana, as of the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2018.
``(2) The items specified for transfer under paragraph (1)
shall be used as awards for competitors in marksmanship
competitions held by the United States Marine Corps or the
United States Navy and may not be resold.''.
SEC. 338. MODIFICATION OF THE SECOND DIVISION MEMORIAL.
(a) Authorization.--The Second Indianhead Division
Association, Inc., Scholarship and Memorials Foundation, an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of that Code, may place additional commemorative
elements or engravings on the raised platform or stone work
of the existing Second Division Memorial located in
President's Park, between 17th Street Northwest and
Constitution Avenue in the District of Columbia, to further
honor the members of the Second Infantry Division who have
given their lives in service to the United States.
(b) Application of Commemorative Works Act.--Chapter 89 of
title 40, United States Code (commonly known as the
``Commemorative Works Act''), shall apply to the design and
placement of the commemorative elements or engravings
authorized under subsection (a).
(c) Funding.--Federal funds may not be used for
modifications of the Second Division Memorial authorized
under subsection (a).
Subtitle E--Energy and Environment
SEC. 341. AUTHORITY TO CARRY OUT ENVIRONMENTAL RESTORATION
ACTIVITIES AT NATIONAL GUARD AND RESERVE
LOCATIONS.
Section 2701(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5) Authority to carry out activities at national guard
and reserve locations.--The Secretary may carry out
activities under this section at National Guard and Reserve
locations.''.
SEC. 342. SPECIAL CONSIDERATIONS FOR ENERGY PERFORMANCE
GOALS.
Section 2911(c) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting ``and to reduce the
future demand and the requirements for the use of energy''
after ``consumption of energy'';
(2) in paragraph (2), by striking ``to reduce the future
demand and the requirements for the use of energy'' and
inserting ``to enhance energy resilience to ensure the
Department of Defense has the ability to prepare for and
recover from energy disruptions that impact mission assurance
on military installations''; and
[[Page S5907]]
(3) by adding at the end the following new paragraph:
``(13) Opportunities to leverage third-party financing to
address installation energy needs.''.
SEC. 343. CENTERS FOR DISEASE CONTROL STUDY ON HEALTH
IMPLICATIONS OF PER- AND POLYFLUOROALKYL
SUBSTANCES CONTAMINATION IN DRINKING WATER.
(a) In General.--The Secretary of Health and Human
Services, acting through the Centers for Disease Control and
Prevention and the Agency for Toxic Substances and Disease
Registry and in consultation with the Department of Defense,
shall--
(1) commence a study on the human health implications of
per- and polyfluoroalkyl substances (PFAS) contamination in
drinking water, ground water, and any other sources of water
and relevant exposure vectors, including the cumulative human
health implications of multiple types of PFAS contamination
at levels above and below health advisory levels;
(2) not later than 5 years after the date of enactment of
this Act (or 7 years after such date of enactment after
providing notice to the appropriate congressional committees
of the need for the delay)--
(A) complete such study and make any appropriate
recommendations; and
(B) submit a report to the appropriate congressional
committees on the results of such study; and
(3) not later than one year after the date of the enactment
of this Act, and annually thereafter until submission of the
report under paragraph (2)(B), submit to the appropriate
congressional committees a report on the progress of the
study.
(b) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
$7,000,000 to carry out this section.
(2) Offset.--The amount authorized to be appropriated for
fiscal year 2018 for the Department of Defense by section 301
for operation and maintenance is hereby reduced by
$7,000,000, with the amount of such decrease to be allocated
to operation and maintenance, Navy, SAG BSIT, as specified in
the funding tables in section 4301.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Heath, Education, Labor, and Pensions
and the Committee on Veterans' Affairs of the Senate; and
(3) the Committee on Energy and Commerce and the Committee
on Veterans' Affairs of the House of Representatives.
SEC. 344. ENVIRONMENTAL OVERSIGHT AND REMEDIATION AT RED HILL
BULK FUEL STORAGE FACILITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Red Hill Bulk Fuel Storage Facility located on
Oahu, Hawaii is a national strategic asset that--
(A) supports combatant commander theater security
requirements;
(B) supports contingency operations;
(C) provides essential and timely support to the United
States and allies' military mobilizations and disaster
response efforts in the Indo-Asia-Pacific and around the
world; and
(D) is routinely used to support normal transit of Navy and
Air Force movements in the region;
(2) the facility in its current form cannot be replicated
anywhere else in the world;
(3) moving the fuel to another storage facility in the
Indo-Asia-Pacific would have implications for the United
States military force structure in the State of Hawaii and
put at risk billions of dollars in annual economic activity
that the Armed Forces bring to the State of Hawaii;
(4) if the facility were closed, the United States Armed
Forces would be unable to support the National Military
Strategy, including the goals of the United States Pacific
Commander, and national security interests would be
significantly undermined;
(5) constant vigilance is required to ensure that facility
degradation and fuel leaks do not pose a threat to the people
of Hawaii, especially the drinking water on Oahu; and
(6) despite its importance, the facility continues to face
long-term challenges without robust and consistent funding
that provides the Navy and the Defense Logistics Agency with
the resources needed to improve the tanks and associated
infrastructure.
(b) Budget Submissions.--
(1) Annual budget justification.--The Secretary of Defense,
in consultation with the Secretary of the Navy, shall ensure
that the budget justification materials submitted to Congress
in support of the Department of Defense budget for any fiscal
year (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) includes a
description of how the Department will use funds to support
any deliverables that the parties of the Administrative Order
on Consent/Statement of Work have identified as necessary to
mitigate and prevent fuel leaks at the Red Hill Bulk Fuel
Storage Facility on Oahu, Hawaii.
(2) Future years defense budget.--The Secretary of Defense,
in consultation with the Secretary of the Navy, shall ensure
that each future-years defense program submitted to Congress
under section 221 of title 10, United States Code, describes
how the Department will use funds to support any deliverables
that the parties of the Administrative Order on Consent/
Statement of Work have identified as necessary to mitigate
and prevent fuel leaks at the Red Hill Bulk Fuel Storage
Facility on Oahu, Hawaii, in the period covered by the
future-years defense program.
(c) Administrative Order on Consent/Statement of Work
Defined.--In this section, the term ``Administrative Order on
Consent/Statement of Work'' means a legally enforceable
agreement between the United States Department of the Navy
(Navy), the Defense Logistics Agency (DLA), the United States
Environmental Protection Agency (EPA), Region 9, and the
State of Hawaii Department of Health (DOH) that the parties
voluntarily entered into on September 28, 2015 [EPA DKT NO.
RCRA 7003-R9-2015-01/DOH DKT NO. 15-UST-EA-01].
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2018, as follows:
(1) The Army, 481,000.
(2) The Navy, 327,900.
(3) The Marine Corps, 186,000.
(4) The Air Force, 325,100.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2018, as follows:
(1) The Army National Guard of the United States, 343,500.
(2) The Army Reserve, 199,500.
(3) The Navy Reserve, 59,000.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 106,600.
(6) The Air Force Reserve, 69,800.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2018, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 30,155.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 10,101.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 16,260.
(6) The Air Force Reserve, 3,588.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2018 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States,
19,135.
(4) For the Air Force Reserve, 8,880.
SEC. 414. FISCAL YEAR 2018 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.
(a) Limitations.--
(1) National guard.--The number of non-dual status
technicians employed by the National Guard as of September
30, 2018, may not exceed the following:
(A) For the Army National Guard of the United States, 0.
(B) For the Air National Guard of the United States, 0.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of September 30,
2018, may not exceed 0.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2018, may not exceed 0.
(b) Non-dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States
Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2018, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under
section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
[[Page S5908]]
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 416. NUMBER OF MEMBERS OF THE NATIONAL GUARD ON FULL-
TIME DUTY IN SUPPORT OF THE RESERVES WITHIN THE
NATIONAL GUARD BUREAU.
Within the personnel authorized by paragraphs (1) and (5)
of section 412, the number of personnel under each such
paragraph who may serve with the National Guard Bureau may
not exceed the number equal to six percent of the number
authorized by such paragraph.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2018 for the
use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise
provided for, for military personnel, as specified in the
funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2018.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. CLARIFICATION OF BASELINES FOR AUTHORIZED NUMBERS
OF GENERAL AND FLAG OFFICERS ON ACTIVE DUTY AND
IN JOINT DUTY ASSIGNMENTS.
(a) Active-duty Baseline.--Subsection (h)(2) of section 526
of title 10, United States Code, is amended by striking ``the
lower of'' and all that follows and inserting ``the statutory
limit of general officers or flag officers of that armed
force under subsection (a).''.
(b) Joint Duty Assignment Baseline.--Subsection (i)(2) of
such section is amended by striking ``the lower of'' and all
that follows and inserting ``the statutory limit on general
officer and flag officer positions that are joint duty
assignments under subsection (b)(1).''.
SEC. 502. AUTHORITY OF PROMOTION BOARDS TO RECOMMEND OFFICERS
OF PARTICULAR MERIT BE PLACED AT THE TOP OF THE
PROMOTION LIST.
(a) Authority of Promotion Boards To Recommend Officers of
Particular Merit Be Placed at Top of Promotion List.--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 at the top of the
promotion list promulgated by the Secretary under section
624(a)(1) of this title.
``(2) The number of such officers placed at the top of the
promotion list may not exceed the number equal to 20 percent
of the maximum number of officers that the board is
authorized to recommend for promotion in such competitive
category. If the number determined under this subsection is
less than one, the board may recommend one such officer.
``(3) No officer may be recommended to be placed at the top
of the promotion list unless the officer receives the
recommendation of at least a majority of the members of a
board for such placement.
``(4) For the officers recommended to be placed at the top
of the promotion list, the board shall recommend the order in
which these officers should be promoted.''.
(b) Officers of Particular Merit Appearing at Top of
Promotion List.--Section 624(a)(1) of such title is amended
by inserting ``, except such officers of particular merit who
were approved by the President and recommended by the board
to be placed at the top of the promotion list under section
616(g) of this title as these officers shall be placed at the
top of the promotion list in the order recommended by the
board'' after ``officers on the active-duty list''.
SEC. 503. CLARIFICATION TO EXCEPTION FOR REMOVAL OF OFFICERS
FROM LIST OF OFFICERS RECOMMENDED FOR PROMOTION
AFTER 18 MONTHS WITHOUT APPOINTMENT.
Section 629(c)(3) of title 10, United States Code, is
amended by striking ``the Senate is not able to obtain the
information necessary'' and inserting ``the military
department concerned is not able to obtain and provide to the
Senate the information the Senate requires''.
SEC. 504. FLEXIBILITY IN PROMOTION OF OFFICERS TO POSITIONS
OF STAFF JUDGE ADVOCATE TO THE COMMANDANT OF
THE MARINE CORPS AND DEPUTY JUDGE ADVOCATE
GENERAL OF THE NAVY.
(a) Staff Judge Advocate to Commandant of the Marine
Corps.--Section 5046(b) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) If the Secretary of the Navy elects to convene a
selection board under section 611(a) of this title to
consider eligible officers for selection to appointment as
Staff Judge Advocate, the Secretary may, in connection with
such consideration for selection--
``(A) treat any section in chapter 36 of this title
referring to promotion to the next higher grade as if such
section referred to promotion to a higher grade; and
``(B) waive section 619(a)(2) of this title if the
Secretary determines that the needs of the Marine Corps
require the waiver.''.
(b) Deputy Judge Advocate General of the Navy.--Section
5149(a) of such title is amended by adding at the end the
following new paragraph:
``(3) If the Secretary of the Navy elects to convene a
selection board under section 611(a) of this title to
consider eligible officers for selection to appointment as
Deputy Judge Advocate General, the Secretary may, in
connection with such consideration for selection--
``(A) treat any section in chapter 36 of this title
referring to promotion to the next higher grade as if such
section referred to promotion to a higher grade; and
``(B) waive section 619(a)(2) of this title if the
Secretary determines that the needs of the Navy require the
waiver.''.
SEC. 505. REPEAL OF REQUIREMENT FOR SPECIFICATION OF NUMBER
OF OFFICERS WHO MAY BE RECOMMENDED FOR EARLY
RETIREMENT BY A SELECTIVE EARLY RETIREMENT
BOARD.
Section 638a of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively; and
(2) in subsection (d)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
SEC. 506. EXTENSION OF SERVICE-IN-GRADE WAIVER AUTHORITY FOR
VOLUNTARY RETIREMENT OF CERTAIN GENERAL AND
FLAG OFFICERS FOR PURPOSES OF ENHANCED
FLEXIBILITY IN OFFICER PERSONNEL MANAGEMENT.
Section 1370(a)(2)(G) of title 10, United States Code, is
amended by striking ``2017'' and inserting ``2025''.
SEC. 507. INCLUSION OF PRINCIPAL MILITARY DEPUTY TO THE
ASSISTANT SECRETARY OF THE ARMY FOR
ACQUISITION, TECHNOLOGY, AND LOGISTICS AMONG
OFFICERS SUBJECT TO REPEAL OF STATUTORY
SPECIFICATION OF GENERAL OFFICER GRADE.
Section 3016(b)(5)(B) of title 10, United States Code, is
amended by striking ``a lieutenant general'' and inserting
``an officer''.
SEC. 508. CLARIFICATION OF EFFECT OF REPEAL OF STATUTORY
SPECIFICATION OF GENERAL OR FLAG OFFICER GRADE
FOR VARIOUS POSITIONS IN THE ARMED FORCES.
(a) Retention of Grade of Incumbents in Positions on
Effective Date.--Effective as of December 23, 2016, and as if
included in the enactment of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
to which it relates, section 502 of that Act (130 Stat. 2102)
is amended by adding at the end the following new subsection:
``(tt) Retention of Grade of Incumbents in Positions on
Effective Date.--The grade of service of an officer serving
as of the date of the enactment of this Act in a position
whose statutory grade is affected by an amendment made by
this section may not be reduced after that date by reason of
such amendment as long as the officer remains in continuous
service in such position after that date.''.
(b) Clarifying Amendment to Chief of Veterinary Corps of
the Army Repeal.--Section 3084 of title 10, United States
Code, is amended by striking the last sentence.
SEC. 509. GRANDFATHERING OF RETIRED GRADE OF ASSISTANT JUDGE
ADVOCATES GENERAL OF THE NAVY AS OF REPEAL OF
STATUTORY SPECIFICATION OF GENERAL AND FLAG
OFFICERS GRADES IN THE ARMED FORCES.
(a) In General.--Notwithstanding the amendments made by
section 502(gg)(2) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328), the officer
holding a position specified in subsection (b) as of December
23, 2016, in the grade of rear admiral (lower half) or
brigadier general, as applicable, may be retired after that
date in such grade with the retired pay of such grade (unless
entitled to higher pay under another provision of law).
(b) Specified Positions.--The positions specified in this
subsection are the following:
(1) The Assistant Judge Advocate General of the Navy
provided for by section 5149(b) of title 10, United States
Code.
(2) The Assistant Judge Advocate General of the Navy
provided for by section 5149(c) of title 10, United States
Code.
SEC. 510. SERVICE CREDIT FOR CYBERSPACE EXPERIENCE OR
ADVANCED EDUCATION UPON ORIGINAL APPOINTMENT AS
A COMMISSIONED OFFICER.
(a) Original Appointment as a Reserve Officer.--Section
12207 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by inserting ``or (e)'' after
``subsection (b)'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(3) by inserting after subsection (d) the following new
subsection (e):
``(e)(1) Under regulations prescribed by the Secretary of
Defense, if the Secretary of a military department determines
that the number of commissioned officers with cyberspace-
related experience or advanced education in reserve active-
status in an armed force under the jurisdiction of such
Secretary is critically below the number needed, such
Secretary may credit any person receiving an original
appointment as a reserve commissioned officer with a period
of constructive service for the following:
``(A) Special experience or training in a particular
cyberspace-related field if such experience or training is
directly related to the operational needs of the armed force
concerned.
[[Page S5909]]
``(B) Any period of advanced education in a cyberspace-
related field beyond the baccalaureate degree level if such
advanced education is directly related to the operational
needs of the armed force concerned.
``(2) Constructive service credited an officer under this
subsection shall not exceed one year for each year of special
experience, training, or advanced education, and not more
than three years total constructive service may be credited.
``(3) Constructive service credited an officer under this
subsection is in addition to any service credited that
officer under subsection (a) and shall be credited at the
time of the original appointment of the officer.
``(4) The authority to award constructive service credit
under this subsection expires on December 31, 2023.''; and
(4) in subsection (f), as redesignated by paragraph (2), by
striking ``or (d)'' and inserting ``, (d), or (e)''.
(b) Extension of Authority in Connection With Original
Appointment of Regular Officers.--Section 533(g)(4) of such
title is amended by striking ``December 31, 2018'' and
inserting ``December 31, 2023''.
SEC. 510A. 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 Permit Officers To Opt Out of Selection
Board Consideration.--The Secretary of Defense may authorize
the Secretary of a military department to provide that an
officer under the jurisdiction of that Secretary may, upon
the officer's request and with the approval of the Secretary
concerned, 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. The
Secretary concerned may only approve such a request if--
``(1) 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 of Defense,
or a career progression requirement delayed by the assignment
of education;
``(2) the Secretary concerned determines the exclusion from
consideration is in the best interest of the military
department concerned; and
``(3) 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 Permit Officers To Opt Out of Selection
Board Consideration.--The Secretary of Defense may authorize
the Secretary of a military department to provide that an
officer under the jurisdiction of that Secretary may, upon
the officer's request and with the approval of the Secretary
concerned, 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. The
Secretary concerned may only approve such a request if--
``(1) 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 of Defense,
or a career progression requirement delayed by the assignment
or education;
``(2) the Secretary concerned determines the exclusion from
consideration is in the best interest of the military
department concerned; and
``(3) the officer has not previously failed of selection
for promotion to the grade for which the officer requests the
exclusion from consideration.''.
SEC. 510B. REAUTHORIZATION OF AUTHORITY TO ORDER RETIRED
MEMBERS TO ACTIVE DUTY IN HIGH-DEMAND, LOW-
DENSITY ASSIGNMENTS.
Section 688a(f) of title 10, United States Code, is amended
by striking ``after December 21, 2011.'' and inserting
``outside a period as follows:
``(1) The period beginning on December 2, 2002, and ending
on December 31, 2011.
``(2) The period beginning on the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2018
and ending on December 31, 2022.''.
Subtitle B--Reserve Component Management
SEC. 511. CONSOLIDATION OF AUTHORITIES TO ORDER MEMBERS OF
THE RESERVE COMPONENTS OF THE ARMED FORCES TO
PERFORM DUTY.
Section 515 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 810) is
amended--
(1) in the second sentence of subsection (b), by striking
``such legislation as would be necessary to amend titles 10,
14, 32, and 37 of the United States Code and other provisions
of law in order to implement the Secretary's approach by
October 1, 2018'' and inserting ``legislation implementing
the alternate approach by April 30, 2019''; and
(2) by adding at the end the following new subsection:
``(c) Attributes of Alternate Approach.--The Secretary of
Defense shall ensure the alternate approach described in
subsection (b)--
``(1) reduces the number of statutory authorities by which
members of the reserve components of the Armed Forces may be
ordered to perform duty to not more than 8 statutory
authorities grouped into 4 duty categories to which specific
pay and benefits may be aligned, which categories shall
include--
``(A) one duty category that shall generally reflect active
service performed in support of contingency type operations
or other military actions in support of the commander of a
combatant command;
``(B) a second duty category that shall--
``(i) generally reflect active service not described in
subparagraph (A); and
``(ii) consist of training, administration, operational
support, and full-time support of the reserve components;
``(C) a third duty category that shall--
``(i) generally reflect duty performed under direct
military supervision while not in active service; and
``(ii) include duty characterized by partial-day service;
and
``(D) a fourth duty category that shall--
``(i) generally reflect remote duty completed while not
under direct military supervision; and
``(ii) include completion of correspondence courses and
telework;
``(2) distinguishes among duty performed under titles 10,
14, and 32, United States Code, and ensures that the reasons
the members of the reserve components are utilized under the
statutory authorities which exist prior to the alternate
approach are preserved and can be tracked as separate and
distinct purposes;
``(3) minimizes, to the maximum extent practicable,
disruptions in pay and benefits for members, and adheres to
the principle that a member should receive pay and benefits
commensurate with the nature and performance of the member's
duties;
``(4) ensures the Secretary has the flexibility to meet
emerging requirements and to effectively manage the force;
and
``(5) aligns Department of Defense programming and
budgeting to the types of duty members perform.''.
SEC. 512. ESTABLISHMENT OF OFFICE OF COMPLEX INVESTIGATIONS
WITHIN THE NATIONAL GUARD BUREAU.
(a) Establishment.--Chapter 1101 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 10509. Office of Complex Investigations
``(a) In General.--There is in the National Guard Bureau an
Office of Complex Investigations (in this section referred to
as the `Office') under the authority, direction, and control
of the Chief of the National Guard Bureau.
``(b) Disposition and Functions.--The Office shall be
organized, trained, equipped, and managed to conduct
administrative investigations in order to assist the States
in the organization, maintenance, and operation of the
National Guard as follows:
``(1) In investigations of allegations of sexual assault
involving members of the National Guard.
``(2) In investigations in circumstances involving members
of the National Guard in which other law enforcement agencies
within the Department of Defense do not have, or have
limited, jurisdiction or authority to investigate.
``(3) In investigations in such other circumstances
involving members of the National Guard as the Chief of the
National Guard Bureau may direct.
``(c) Scope of Investigative Authority.--Individuals
performing investigations described in subsection (b)(1) are
authorized--
``(1) to have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
material available to the applicable establishment which
relate to programs and operations with respect to the
National Guard; and
``(2) to request such information or assistance as may be
necessary for carrying out those duties from any Federal,
State, or local governmental agency or unit thereof.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 1101 of such title is amended by adding
at the end the following new item:
``10509. Office of Complex Investigations.''.
SEC. 513. REVIEW OF EFFECTS OF PERSONNEL REQUIREMENTS AND
LIMITATIONS ON THE AVAILABILITY OF MEMBERS OF
THE NATIONAL GUARD FOR THE PERFORMANCE OF
FUNERAL HONORS DUTY FOR VETERANS.
(a) Review Required.--The Secretary of Defense shall
undertake a review of the effects of the personnel
requirements and limitations described in subsection (b) with
respect to the members of the National Guard in order to
determine whether or not such requirements unduly limit the
ability of the Armed Forces to meet the demand for personnel
to perform funeral honors in connection with funerals of
veterans.
(b) Personnel Requirements and Limitations.--The personnel
requirements and limitations described in this subsection are
the following:
(1) Requirements, such as the ceiling on the authorized
number of members of the National Guard on active duty
pursuant to section 115(b)(2)(B) of title 10, United States
Code, or end-strength limitations, that may operate to limit
the number of members of the National Guard available for the
performance of funeral honors duty.
(2) Any other requirements or limitations applicable to the
reserve components of the Armed Forces in general, or the
National Guard in particular, that may operate to limit the
number of members of the National Guard available for the
performance of funeral honors duty.
[[Page S5910]]
(c) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the review undertaken pursuant to
subsection (a). The report shall include the following:
(1) A description of the review.
(2) Such recommendations as the Secretary considers
appropriate in light of the review for legislative or
administrative action to expand the number of members of the
National Guard available for the performance of funeral
honors functions at funerals of veterans.
SEC. 514. TRAINING FOR NATIONAL GUARD PERSONNEL ON WILDFIRE
RESPONSE.
(a) In General.--The Secretary of the Army and the
Secretary of the Air Force shall, in consultation with the
Chief of the National Guard Bureau, provide for training of
appropriate personnel of the National Guard on wildfire
response, with preference given to States with the most acres
of Federal forestlands administered by the U.S. Forest
Service or the Department of the Interior.
(b) Authorization of Appropriations.--There is authorized
to be appropriated for the Department of Defense a total of
$10,000,000, in addition to amounts authorized to be
appropriated by sections 421 and 301, in order to carry out
the training required by subsection (a) and provide related
equipment.
(c) Offset.--In the funding table in section 4101, in the
item relating to Fuzes, Procurement of Ammunition, Air Force,
decrease the amount in the Senate Authorized column by
$10,000,000.
SEC. 515. PLAN TO MEET DEMAND FOR CYBERSPACE CAREER FIELDS IN
THE RESERVE COMPONENTS OF THE ARMED FORCES.
(a) Plan Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report setting forth a plan for meeting
the increased demand for cyberspace career fields in the
reserve components of the Armed Forces.
(b) Elements.--The plan shall take into account the
following:
(1) The availability of qualified local workforces.
(2) Potential best practices of private sector companies
involved in cyberspace and of educational institutions with
established cyberspace-related academic programs.
(3) The potential for Total Force Integration throughout
the defense cyber community.
(4) Recruitment strategies to attract individuals with
critical cyber training and skills to join the reserve
components.
(c) Metrics.--The plan shall include appropriate metrics
for use in the evaluation of the implementation of the plan.
Subtitle C--General Service Authorities
SEC. 516. REPORT ON POLICIES FOR REGULAR AND RESERVE OFFICER
CAREER MANAGEMENT.
(a) Report Required.--Not later than March 1, 2018, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth the results of a review, undertaken by
the Secretary for purposes of the report, of the policies of
the Department of Defense for the career management of
regular and reserve officers of the Armed Forces pursuant to
the Defense Officer Personnel Management Act (commonly
referred to as ``DOPMA'') and the Reserve Officer Personnel
Management Act (commonly referred to as ``ROPMA'').
(b) Elements.--The report required by subsection (a) shall
include recommendations for the following:
(1) Mechanisms to increase the ability of officers to
repeatedly transition between active duty and reserve active-
status throughout the course of their military careers.
(2) Mechanisms to provide the Armed Forces additional
flexibility in managing the populations of officers in the
grades of major, lieutenant colonel, and colonel and Navy
grades of lieutenant commander, commander, and captain.
(3) Mechanisms to use the modernized retirement system
provided by part I of subtitle D of title VI of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92) to encourage officers to pursue careers of lengths
that vary from the traditional 20-year military career.
(4) Mechanisms to provide for alternative career tracks for
officers that encourage and facilitate the recruitment and
retention of officers with technical expertise.
(5) Mechanisms for a career and promotion path for officers
in cyber-related specialties.
(6) Mechanism to ensure the officer corps does not become
disproportionately weighted toward officers serving in the
grades of major, lieutenant colonel, and colonel and Navy
grades of lieutenant commander, commander, and captain.
(7) Any other mechanisms or matters the Secretary considers
appropriate to improve the effective recruitment, management,
and retention of regular and reserve officers of the Armed
Forces.
(c) Scope of Report.--If any recommendation of the
Secretary in the report required by subsection (a) requires
legislative or administrative action for implementation, the
report shall include a proposal for legislative action, or a
description of administrative action, as applicable, to
implement such recommendation.
SEC. 517. RESPONSIBILITY OF CHIEFS OF STAFF OF THE ARMED
FORCES FOR STANDARDS AND QUALIFICATIONS FOR
MILITARY SPECIALTIES WITHIN THE ARMED FORCES.
(a) In General.--Except as provided in subsection (d),
responsibility within an Armed Force for establishing,
approving, and modifying the criteria, standards, and
qualifications for military speciality codes within that
Armed Force shall be vested solely in the Chief of Staff of
that Armed Force.
(b) Military Specialty Codes.--For purposes of this
section, a military specialty code is as follows:
(1) A Military Occupational Speciality Code (MOS) and any
other military specialty or military occupational specialty
of the Army, in the case of the Army.
(2) A Naval Enlisted Code (NEC), Unrestricted Duty code,
Restricted Duty code, Restricted Line duty code, Staff Corps
code, Limited Duty code, Warrant Officer code, and any other
military specialty or military occupational specialty of the
Navy, in the case of the Navy.
(3) An Air Force Specialty Code (AFSC) and any other
military specialty or military occupational specialty of the
Air Force, in the case of the Air Force.
(4) A Military Occupational Speciality Code (MOS) and any
other military specialty or military occupational specialty
of the Marine Corps, in the case of the Marine Corps.
(c) Chief of Staff for Marine Corps.--For purposes of this
section, the Commandant of the Marine Corps shall be deemed
to be the Chief of Staff of the Marine Corps.
(d) Gender Integration.--Nothing in this section shall be
construed to terminate, alter, or revise the authority of the
Secretary of Defense to establish, approve, modify, or
otherwise regulate gender-based criteria, standards, and
qualifications for military specialties within the Armed
Forces.
SEC. 518. CONFIDENTIAL REVIEW OF CHARACTERIZATION OF TERMS OF
DISCHARGE OF MEMBERS OF THE ARMED FORCES WHO
ARE SURVIVORS OF SEXUAL ASSAULT.
(a) Codification of Current Confidential Process.--
(1) Codification.--Chapter 79 of title 10, United States
Code, is amended by inserting after section 1554a a new
section 1554b consisting of--
(A) a heading as follows:
``Sec. 1554b. Confidential review of characterization of
terms of discharge of members of the armed forces who are
survivors of sex-related offenses''; and
(B) a text consisting of the text of section 547 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3375; 10 U.S.C. 1553 note).
(2) Clerical amendment.--The table of sections at the
beginning of chapter 79 of such title is amended by inserting
after the item relating to section 1554a the following new
item:
``1554b. Confidential review of characterization of terms of discharge
of members of the armed forces who are survivors of sex-
related offenses.''.
(3) Conforming repeal.--Section 547 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 is repealed.
(b) Terminology.--Subsection (a) of section 1554b of title
10, United States Code, as added by subsection (a) of this
section, is amended by striking ``victim'' each place it
appears and inserting ``survivor''.
(c) Clarification of Applicability to Individuals Who
Allege They Were a Survivor of a Sex-related Offense During
Military Service.--Subsection (a) of such section 1554b, as
so added, is further amended by inserting after ``sex-related
offense'' the following: ``, or alleges that the individual
was the survivor of a sex-related offense,''.
(d) Conforming Amendments.--Such section 1554b, as so
added, is further amended--
(1) by striking ``Armed Forces'' each place it appears in
subsections (a) and (b) and inserting ``armed forces'';
(2) in subsection (a)--
(A) by striking ``boards for the correction of military
records of the military department concerned'' and inserting
``boards of the military department concerned established in
accordance with this chapter''; and
(B) by striking ``such an offense'' and inserting ``a sex-
related offense'';
(3) in subsection (b), by striking ``boards for the
correction of military records'' and inserting ``boards of
the military department concerned established in accordance
with this chapter''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``title 10, United States
Code'' and inserting ``this title''; and
(B) in paragraphs (2) and (3), by striking ``such title''
and inserting ``this title''.
SEC. 519. IMPROVEMENTS TO CERTAIN AUTHORITIES AND PROCEDURES
OF DISCHARGE REVIEW BOARDS.
(a) Repeal of 15-year Statute of Limitations on Motions or
Requests for Review.--Subsection (a) of section 1553 of title
10, United States Code, is amended by striking the second
sentence.
(b) Telephonic Presentation of Evidence.--Subsection (c) of
such section is amended in the second sentence by striking
``or by affidavit'' and inserting ``, by affidavit, or by
telephone or video conference (to the extent reasonable and
technically feasible)''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2018.
SEC. 520. PUBLIC AVAILABILITY OF INFORMATION RELATED TO
DISPOSITION OF CLAIMS REGARDING DISCHARGE OR
RELEASE OF MEMBERS OF THE ARMED FORCES WHEN THE
CLAIMS INVOLVE SEXUAL ASSAULT.
(a) Boards for the Correction of Military Records.--Section
1552(h) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
[[Page S5911]]
``(4) The number and disposition of claims decided during
the calendar quarter preceding the calendar quarter in which
such information is made available in which sexual assault is
alleged to have contributed, whether in whole or in part, to
the original characterization of the discharge or release of
the claimant.''.
(b) Discharge Review Boards.--Section 1553(f) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(4) The number and disposition of claims decided during
the calendar quarter preceding the calendar quarter in which
such information is made available in which sexual assault is
alleged to have contributed, whether in whole or in part, to
the original characterization of the discharge or release of
the former member.''.
SEC. 520A. MODIFICATION OF BASIS FOR EXTENSION OF PERIOD FOR
ENLISTMENT IN THE ARMED FORCES UNDER THE
DELAYED ENTRY PROGRAM.
Section 513(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) by designating the second sentence of paragraph (1) as
paragraph (2) and indenting the left margin of such paragraph
(2), as so designated, two ems from the left margin;
(3) in paragraph (2), as so designated, by inserting
``described in paragraph (1)'' after ``the 365-day period'';
(4) by inserting after paragraph (2), as designated by this
section, the following new paragraph (3):
``(3)(A) The Secretary concerned may extend by up to an
additional 365 days the period of extension under paragraph
(2) for a person who enlists under section 504(b)(2) of this
title if the Secretary determines that the period of
extension under this paragraph is required for the
performance of adequate background and security reviews of
that person.
``(B) The authority to make an extension under this
paragraph shall expire on December 31, 2019. The expiration
of such authority shall not effect the validity of any
extension made in accordance with this paragraph on or before
that date.''; and
(5) in paragraph (4), as redesignated by paragraph (1) of
this section, by striking ``paragraph (1)'' and inserting
``this subsection''.
Subtitle D--Military Justice Matters
SEC. 521. REVISION TO MANUAL FOR COURTS-MARTIAL WITH RESPECT
TO DISSEMINATION OF VISUAL DEPICTIONS OF
PRIVATE AREAS OR SEXUALLY EXPLICIT CONDUCT
WITHOUT THE CONSENT OF THE PERSON DEPICTED.
(a) Requirement To Enumerate Offense for Purposes of
General Punitive Article.--Not later than 180 days after the
date of the enactment of this Act, part IV of the Manual for
Courts-Martial shall be amended to include as an enumerated
offense under section 934 of title 10, United States Code
(article 134 of the Uniform Code of Military Justice), the
distribution of a visual depiction of the private area of a
person or of sexually explicit conduct involving a person
that was--
(1) photographed, videotaped, filmed, or recorded by any
means with the consent of such person; and
(2) distributed by another person who knew or should have
known that the depicted person did not consent to such
distribution.
(b) Private Area Defined.--In this section, the term
``private area'' has the meaning given the term in section
920c(d) of title 10, United States Code (article 120c(d) of
the Uniform Code of Military Justice).
SEC. 522. TECHNICAL AND CONFORMING AMENDMENTS IN CONNECTION
WITH REFORM OF THE UNIFORM CODE OF MILITARY
JUSTICE.
(a) Articles 1, 6b, and 137.--
(1) Section 801 of title 10, United States Code (article 1
of the Uniform Code of Military Justice), is amended in the
matter preceding paragraph (1) by striking ``chapter:'' and
inserting ``chapter (the Uniform Code of Military
Justice):''.
(2) Section 806b(b) of title 10, United States Code
(article 6b(b) of the Uniform Code of Military Justice), is
amended by striking ``(the Uniform Code of Military
Justice)''.
(3) Section 937 of title 10, United States Code (article
137 of the Uniform Code of Military Justice), as amended by
section 5503 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328), is further amended by
striking ``(the Uniform Code of Military Justice)'' each
place it appears as follows:
(A) In subsection (a)(1), in the matter preceding
subparagraph (A).
(B) In subsection (b), in the matter preceding subparagraph
(A).
(C) In subsection (d), in the matter preceding paragraph
(1).
(b) Article 6b.--Section 806b(e)(3) of title 10, United
States Code (article 6b(e)(3) of the Uniform Code of Military
Justice), is amended--
(1) by inserting after ``President,'' the following:
``subject to section 830a of this title (article 30a).'';
(2) by striking ``and, to the extent practicable,'' and
inserting ``To the extent practicable, such a petition''; and
(3) by striking ``before the court.'' and inserting
``before the Court of Criminal Appeals.''.
(c) Article 30a.--Subsection (a)(1) of section 830a of
title 10, United States Code (article 30a of the Uniform Code
of Military Justice), as added by section 5202 of the
National Defense Authorization Act for Fiscal Year 2017, is
amended--
(1) in the matter preceding subparagraph (A), by inserting
``, or otherwise act on,'' after ``to review''; and
(2) by adding at the end the following new subparagraph:
``(D) Pre-referral matters under subsections (c) and (e) of
section 806b of this title (article 6b).''.
(d) Article 39.--Subsection (a)(4) of section 839 of title
10, United States Code (article 39 of the Uniform Code of
Military Justice), as amended by section 5222(1) of the
National Defense Authorization Act for Fiscal Year 2017, is
amended by striking ``in non-capital cases unless the accused
requests sentencing by members under section 825 of this
title (article 25)'' and inserting ``under section 853(b)(1)
of this title (article 53(b)(1))''.
(e) Article 43.--Subsection (i) of section 843 of title 10,
United States Code (article 43 of the Uniform Code of
Military Justice), as added by section 5225(c) of the
National Defense Authorization Act for Fiscal Year 2017, is
amended by striking ``Dna Evidence.--'' and inserting ``DNA
Evidence.--''.
(f) Article 48.--Subsection (c)(1) of section 848 of title
10, United States Code (article 48 of the Uniform Code of
Military Justice), as amended by section 5230 of the National
Defense Authorization Act for Fiscal Year 2017, is further
amended by striking ``section 866(g) of this title (article
66(g))'' and inserting ``section 866(h) of this title
(article 66(h))''.
(g) Article 53.--Subsection (b)(1)(B) of section 853 of
title 10, United States Code (article 53 of the Uniform Code
of Military Justice), as amended by section 5236 of the
National Defense Authorization Act for Fiscal Year 2017, is
further amended by striking ``in a trial''.
(h) Article 53a.--Subsection (d) of section 853a of title
10, United States Code (article 53a of the Uniform Code of
Military Justice), as added by section 5237 of the National
Defense Authorization Act for Fiscal Year 2017, is amended by
striking ``military judge'' the second place it appears and
inserting ``court-martial''.
(i) Article 56.--Subsection (d)(1) of section 856 of title
10, United States Code (article 56 of the Uniform Code of
Military Justice), as amended by section 5301 of the National
Defense Authorization Act for Fiscal Year 2017, is further
amended--
(1) in the matter preceding subparagraph (A), by inserting
after ``concerned,'' the following: ``under standards and
procedures set forth in regulations prescribed by the
President,''; and
(2) in subparagraph (B), by inserting after ``(B)'' the
following: ``as determined in accordance with standards and
procedures prescribed by the President,''.
(j) Article 58a.--
(1) Subsection (a) of section 858a of title 10, United
States Code (article 58a of the Uniform Code of Military
Justice), as amended by section 5303(1) of the National
Defense Authorization Act for Fiscal Year 2017, is further
amended in the matter after paragraph (3) by inserting after
``reduces'' the following: ``, if such a reduction is
authorized by regulation prescribed by the President,''.
(2) The heading of such section (article) is amended to
read as follows:
``Sec. 858a. Art 58a. Sentences: reduction in enlisted
grade''.
(k) Article 58b.--Subsection (b) of section 858b of title
10, United States Code (article 58b of the Uniform Code of
Military Justice), is amended in the first sentence by
striking ``section 860 of this title (article 60)'' and
inserting ``section 860a or 860b of this title (article 60a
or 60b)''.
(l) Article 62.--Subsection (b) of section 862 of title 10,
United States Code (article 62 of the Uniform Code of
Military Justice), is amended by striking ``, notwithstanding
section 866(c) of this title (article 66(c))''.
(m) Article 63.--Subsection (b) of section 863 of title 10,
United States Code (article 63 of the Uniform Code of
Military Justice), as added by section 5327 of the National
Defense Authorization Act for Fiscal Year 2017, is amended by
striking the period at the end and inserting ``, subject to
such limitations as the President may prescribe by
regulation.''.
(n) Article 64.--Subsection (a) of section 864 of title 10,
United States Code (article 64 of the Uniform Code of
Military Justice), as amended by section 5328(a) of the
National Defense Authorization Act for Fiscal Year 2017, is
further amended by striking ``(a) (a) In General.--'' and
inserting ``(a) In General.--''.
(o) Article 65.--Subsection (b)(1) of section 865 of title
10, United States Code (article 65 of the Uniform Code of
Military Justice), as amended by section 5329 of the National
Defense Authorization Act for Fiscal Year 2017, is further
amended by striking ``section 866(b)(2) of this title
(article 66(b)(2))'' and inserting ``section 866(b)(3) of
this title (article 66(b)(3))''.
(p) Article 66.--Subsection (e)(2)(C) of section 866 of
title 10, United States Code (article 66 of the Uniform Code
of Military Justice), as amended by section 5330 of the
National Defense Authorization Act for Fiscal Year 2017, is
further amended by inserting after ``required'' the
following: ``by regulation prescribed by the President or''.
(q) Article 69.--Subsection (c)(1)(A) of section 869 of
title 10, United States Code (article 69 of the Uniform Code
of Military Justice), as amended by section 5233 of the
National Defense Authorization Act for Fiscal Year 2017, is
further amended by inserting a comma after ``in part''.
(r) Article 82.--Subsection (b) of section 882 of title 10,
United States Code (article 82 of the Uniform Code of
Military Justice), as amended by section 5403 of the National
Defense Authorization Act for Fiscal Year 2017, is further
amended by striking ``section 99'' and inserting ``section
899''.
(s) Article 103a.--Section 8312(b)(2)(A) of title 5, United
States Code, is amended by striking ``article 106a'' and
inserting ``article 103a''.
(t) Article 119a.--Subsection (b) of section 919a of title
10, United States Code (article 119a
[[Page S5912]]
of the Uniform Code of Military Justice), as amended by
section 5401(13)(B) of the National Defense Authorization Act
for Fiscal Year 2017, is further amended--
(1) by striking ``928a, 926, and 928'' and inserting ``926,
928, and 928a''; and
(2) by striking ``128a 126, and 128'' and inserting ``126,
128, and 128a''.
(u) Article 120.--Subsection (g)(2) of section 920 of title
10, United States Code (article 120 of the Uniform Code of
Military Justice), as amended by section 5430(b) of the
National Defense Authorization Act for Fiscal Year 2017, is
further amended in the first sentence by striking ``brest''
and inserting ``breast''.
(v) Article 128.--Subsection (b)(2) of section 928 of title
10, United States Code (article 128 of the Uniform Code of
Military Justice), as amended by section 5441 of the National
Defense Authorization Act for Fiscal Year 2017, is further
amended by striking the comma after ``substantial bodily
harm''.
(w) Article 132.--Subsection (b)(2) of section 932 of title
10, United States Code (article 132 of the Uniform Code of
Military Justice), as added by section 5450 of the National
Defense Authorization Act for Fiscal Year 2017, is amended by
striking ``section 1034(h)'' and inserting ``section
1034(j)''.
(x) Article 146.--Subsection (f) of section 946 of title
10, United States Code (article 146 of the Uniform Code of
Military Justice), as amended by section 5521 of the National
Defense Authorization Act for Fiscal Year 2017, is further
amended--
(1) in paragraph (2), by striking the sentence beginning
``Not later than'' and inserting the following new sentence:
``The analysis under this paragraph shall be included in the
assessment required by paragraph (1).''; and
(2) by striking paragraph (5) and inserting the following
new paragraph (5):
``(5) Reports.--With respect to each review and assessment
under this subsection, the Panel shall submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives. Each report--
``(A) shall set forth the results of the review and
assessment concerned, including the findings and
recommendations of the Panel; and
``(B) shall be submitted not later than December 31 of the
calendar year in which the review and assessment is
concluded.''.
(y) Tables of Sections.--
(1) The table of sections at the beginning of subchapter II
of chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), as amended by section 5541(1) of
the National Defense Authorization Act for Fiscal Year 2017,
is further amended in the items relating to sections 810 and
812 (articles 10 and 12) by striking ``Art.''.
(2) The table of sections at the beginning of subchapter V
of chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), as amended by section 5541(2) of
the National Defense Authorization Act for Fiscal Year 2017,
is further amended--
(A) by striking ``825.'' the second place it appears and
inserting ``825a.''; and
(B) in the items relating to sections 825a, 826a, and 829
(articles 25a, 26a, and 29), by striking ``Art.''.
(3) The table of sections at the beginning of subchapter VI
of chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), as amended by section 5541(3) of
the National Defense Authorization Act for Fiscal Year 2017,
is further amended--
(A) by striking ``830.'' the second place it appears and
inserting ``830a.''; and
(B) in the items relating to sections 830a and 832 through
835 (articles 30a and 32 through 35), by striking ``Art.''.
(4) The table of sections at the beginning of subchapter
VII of chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), as amended by section
5541(4) of the National Defense Authorization Act for Fiscal
Year 2017, is further amended in the items relating to
sections 846 through 848, 850, 852, 853, and 853a (articles
46 through 48, 50, 52, 53, and 53a) by striking ``Art.''.
(5) The table of sections at the beginning of subchapter
VIII of chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), as amended by section
5541(5) of the National Defense Authorization Act for Fiscal
Year 2017, is further amended by striking the item relating
to section 858a (article 58a) and inserting the following new
item:
``858a. 58a. Sentences: reduction in enlisted grade.''.
(6) The table of sections at the beginning of subchapter IX
of chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), as amended by section 5541(6) of
the National Defense Authorization Act for Fiscal Year 2017,
is further amended in the items relating to sections 860
through 861, 864 through 866, and 869 (articles 60 through
61, 64 through 66, and 69) by striking ``Art.''.
(7) The table of sections at the beginning of subchapter X
of chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), as amended by section 5452 of the
National Defense Authorization Act for Fiscal Year 2017, is
further amended--
(A) in the items relating to sections 877 through 934
(articles 77 through 134), by striking ``Art.'';
(B) in the item relating to section 887a (article 87a), by
striking ``Resistence'' and inserting ``Resistance'';
(C) in the item relating to section 908 (article 108), by
striking ``of the United States-Loss'' and inserting ``of
United States-Loss,''; and
(D) in the item relating to section 909 (article 109), by
striking ``of the'' and inserting ``of''.
(8) The table of sections at the beginning of subchapter XI
of chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), as amended by section 5541(7) of
the National Defense Authorization Act for Fiscal Year 2017,
is further amended in the items relating to sections 936 and
940a (articles 136 and 140a) by striking ``Art.''.
(9) The table of sections at the beginning of subchapter
XII of chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), as amended by section
5541(8) of the National Defense Authorization Act for Fiscal
Year 2017, is further amended in the items relating to
sections 946 and 946a (articles 146 and 146a) by striking
``Art.''.
(z) Other Provisions of Title 10 in Connection With UCMJ
Reform.--
(1) Section 673(a) of title 10, United States Code, is
amended by striking ``section 920, 920a, or 920c of this
title (article 120, 120a, or 120c of the Uniform Code of
Military Justice)'' and inserting ``section 920, 920c, or 930
of this title (article 120, 120c, or 130 of the Uniform Code
of Military Justice)''.
(2) Section 674(a) of such title is amended by striking
``section 920, 920a, 920b, 920c, or 925 of this title
(article 120, 120a, 120b, 120c, or 125 of the Uniform Code of
Military Justice)'' and inserting ``section 920, 920b, 920c,
or 930 of this title (article 120, 120b, 120c, or 130 of the
Uniform Code of Military Justice)''.
(3) Section 1034(c)(2)(A) of such title is amended by
striking ``sections 920 through 920c of this title (articles
120 through 120c of the Uniform Code of Military Justice)''
and inserting ``section 920, 920b, 920c, or 930 of this title
(article 120, 120b, 120c, or 130 of the Uniform Code of
Military Justice)''.
(4) Section 1044e(g)(1) of such title is amended by
striking ``section 920, 920a, 920b, 920c, or 925 of this
title (article 120, 120a, 120b, 120c, or 125 of the Uniform
Code of Military Justice)'' and inserting ``section 920,
920b, 920c, or 930 of this title (article 120, 120b, 120c, or
130 of the Uniform Code of Military Justice)''.
(5) Section 1059(e) of such title is amended--
(A) in paragraph (1)(A)(ii), by striking ``the approval
of'' and all that follows through ``as approved,'' and
inserting ``entry of judgment under section 860c of this
title (article 60c of the Uniform Code of Military Justice)
if the sentence''; and
(B) in paragraph (3)(A), by striking ``by a court-martial''
the second place it appears and all that follows through
``include any such punishment,'' and inserting ``for a
dependent-abuse offense and the conviction is disapproved or
is otherwise not part of the judgment under section 860c of
this title (article 60c of the Uniform Code of Military
Justice) or the punishment is disapproved or is otherwise not
part of the judgment under such section (article),''.
(6) Section 1408(h)(10)(A) of such title is amended by
striking ``the approval'' and all that follows and inserting
``entry of judgment under section 860c of this title (article
60c of the Uniform Code of Military Justice).''.
(aa) Effective Date.--The amendments made by this section
shall take effect immediately after the coming into effect of
the amendments made by division E of the National Defense
Authorization Act for Fiscal Year 2017, as provided for in
section 5542 of that Act.
SEC. 523. PRIORITY OF REVIEW BY COURT OF APPEALS FOR THE
ARMED FORCES OF DECISIONS OF COURTS OF CRIMINAL
APPEALS ON PETITIONS FOR ENFORCEMENT OF
VICTIMS' RIGHTS.
(a) Priority.--Section 806b(e)(3) of title 10, United
States Code (article 6b(e)(3) of the Uniform Code of Military
Justice), as amended by section 522(b) of this Act, is
further amended by adding at the end the following new
sentence: ``Review of any decision on such a petition by the
Court of Appeals for the Armed Forces shall have priority in
the Court of Appeals for the Armed Forces, as determined
under the rules of the Court of Appeals for the Armed
Forces.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect immediately after the coming into effect of
the following (in the order specified):
(1) The amendments made by division E of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328), as provided for in section 5542 of that Act.
(2) The amendments made by section 522(b) of this Act, as
provided in section 522(aa) of this Act.
SEC. 524. ASSISTANCE OF DEFENSE COUNSEL IN ADDITIONAL POST-
TRIAL MATTERS FOR ACCUSED CONVICTED BY COURT-
MARTIAL.
(a) Assistance.--Subsection (c)(2) of section 838 of title
10, United States Code (article 38 of the Uniform Code of
Military Justice), is amended by striking ``section 860 of
this title (article 60)'' and inserting ``section 860, 860a,
or 860b of this title (article 60, 60a, or 60b)''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect immediately after the coming into effect of
the amendments made by division E of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328),
as provided for in section 5542 of that Act.
SEC. 525. ENUMERATION OF ADDITIONAL LIMITATIONS ON ACCEPTANCE
OF PLEA AGREEMENTS BY MILITARY JUDGES OF
GENERAL OR SPECIAL COURTS-MARTIAL.
(a) In General.--Subsection (b) of section 853a of title
10, United States Code (article 53a of the Uniform Code of
Military Justice), as added by section 5237 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328), is amended--
(1) in paragraph (2), by striking ``or'' after the
semicolon;
(2) in paragraph (3), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following new paragraphs:
[[Page S5913]]
``(4) is prohibited by law; or
``(5) is contrary to, or is inconsistent with, a regulation
prescribed by the President with respect to terms,
conditions, or other aspects of plea agreements.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect immediately after the coming into effect of
the amendments made by division E of the National Defense
Authorization Act for Fiscal Year 2017, as provided for in
section 5542 of that Act.
SEC. 526. ADDITIONAL PROCEEDINGS BY COURTS OF CRIMINAL
APPEALS BY ORDER OF UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES.
(a) In General.--Subsection (f)(3) of section 866 of title
10, United States Code (article 66 of the Uniform Code of
Military Justice), as amended by section 5330 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328), is further amended--
(1) by inserting after ``Court'' the first place it appears
the following: ``of Criminal Appeals''; and
(2) by adding at the end the following new sentence: ``If
the Court of Appeals for the Armed Forces determines that
additional proceedings are warranted, the Court of Criminal
Appeals shall order a hearing or other proceeding in
accordance with the direction of the Court of Appeals for the
Armed Forces.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect immediately after the coming into effect of
the amendments made by division E of the National Defense
Authorization Act for Fiscal Year 2017, as provided for in
section 5542 of that Act.
SEC. 527. CLARIFICATION OF APPLICABILITY AND EFFECTIVE DATES
FOR STATUTE OF LIMITATIONS AMENDMENTS IN
CONNECTION WITH UNIFORM CODE OF MILITARY
JUSTICE REFORM.
(a) Applicability of Certain Amendments.--Effective as of
December 23, 2016, and immediately after the enactment of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), to which such amendment relates,
section 5225(f) of that Act is amended by striking ``this
subsection'' and inserting ``this section''.
(b) Child Abuse Offenses.--With respect to offenses
committed before the date designated by the President under
section 5542(a) of the National Defense Authorization Act for
Fiscal Year 2017, subsection (b)(2)(B) of section 843 of
title 10, United States Code (article 43 of the Uniform Code
of Military Justice), shall be applied as in effect on
December 22, 2016.
(c) Fraudulent Enlistment or Appointment Offenses.--With
respect to the period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year
2017 and ending on the day before the date designated by the
President under section 5542(a) of that Act, in the
application of subsection (h) of section 843 of title 10,
United States Code (article 43 of the Uniform Code of
Military Justice), as added by section 5225(b) of that Act,
the reference in such subsection (h) to section 904a(1) of
title 10, United States Code (article 104a(1) of the Uniform
Code of Military Justice), shall be deemed to be a reference
to section 883(1) of title 10, United States Code (article
83(1) of the Uniform Code of Military Justice).
SEC. 528. MODIFICATION OF YEAR OF INITIAL REVIEW BY MILITARY
JUSTICE REVIEW PANEL OF UNIFORM CODE OF
MILITARY JUSTICE REFORM AMENDMENTS.
(a) In General.--Subsection (f)(1) of section 946 of title
10, United States Code (article 146 of the Uniform Code of
Military Justice), as amended by section 5521 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328), is further amended by striking ``fiscal year 2020''
and inserting ``fiscal year 2021''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect immediately after the coming into effect of
the amendments made by division E of the National Defense
Authorization Act for Fiscal Year 2017, as provided for in
section 5542 of that Act.
SEC. 529. CLARIFICATION OF APPLICABILITY OF CERTAIN
PROVISIONS OF LAW TO CIVILIAN JUDGES OF THE
UNITED STATES COURT OF MILITARY COMMISSION
REVIEW.
Section 950f(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5)(A) For purposes of sections 203, 205, 207, 208, and
209 of title 18, the term `special Government employee' shall
include a judge of the Court appointed under paragraph (3).
``(B) A person appointed as a judge of the Court under
paragraph (3) shall be considered to be an officer or
employee of the United States with respect to such person's
status as a judge, but only during periods in which such
person is performing the duties of such a judge. Any
provision of law that prohibits or limits the political or
business activities of an employee of the United States shall
only apply to such a judge during such periods.''.
SEC. 530. ENHANCEMENT OF EFFECTIVE PROSECUTION AND DEFENSE IN
COURTS-MARTIAL AND RELATED MATTERS.
(a) Additional Element in Program for Effective Prosecution
and Defense.--Subsection (a)(1) of section 542 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2126; 10 U.S.C. 827 note) is
amended by inserting before the semicolon the following: ``or
there is adequate supervision and oversight of trial counsel
and defense counsel so detailed to ensure effective
prosecution and defense in the court-martial''.
(b) Assignment of Civilian Employees To Supervise Less
Experienced Judge Advocates in Prosecution and Defense.--Such
section is further amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Assignment of Civilian Employees To Supervise Less
Experienced Judge Advocates in Prosecution and Defense.--
``(1) Assignment authorized.--The Secretary concerned may
assign the function of supervising and overseeing prosecution
or defense in courts-martial by less experienced judge
advocates to civilian employees of the military department
concerned or the Department of Homeland Security, as
applicable, who have extensive litigation expertise.
``(2) Status as supervisor.--A civilian employee assigned
to supervise and oversee the prosecution or defense in a
court-martial pursuant to this subsection is not required to
be detailed to the case, but must be reasonably available for
consultation during court-martial proceedings.''.
(c) Pilot Programs on Professional Developmental Process
for Judge Advocates.--Subsection (d) of such section, as
redesignated by subsection (b)(1) of this section, is
amended--
(1) in paragraph (1), striking ``establishing'' and all
that follows and inserting ``a military justice career track
for judge advocates under the jurisdiction of the
Secretary.'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Elements.--Each pilot program shall include the
following:
``(A) A military justice career track for judge advocates
that leads to judge advocates with military justice expertise
in the grade of colonel, or in the grade of captain in the
case of judge advocates of the Navy.
``(B) The use of skill identifiers to identify judge
advocates for participation in the pilot program from among
judge advocates having appropriate skill and experience in
military justice matters.
``(C) Guidance for promotion boards considering the
selection for promotion of officers participating in the
pilot program in order to ensure that judge advocates who are
participating in the pilot program have the same opportunity
for promotion as all other judge advocate officers being
considered for promotion by such boards.
``(D) Such other matters as the Secretary concerned
considers appropriate.''.
SEC. 531. COURT OF APPEALS FOR THE ARMED FORCES JURISDICTION
TO REVIEW INTERLOCUTORY APPEALS OF DECISIONS ON
CERTAIN PETITIONS FOR WRITS OF MANDAMUS.
Section 806b(e) of title 10, United States Code (article
6b(e) of the Uniform Code of Military Justice), is amended--
(1) in paragraph (1), by striking ``paragraph (4)''and
inserting ``paragraph (5)'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The Court of Appeals for the Armed Forces may review
for legal error a grant or denial of a petition for a writ of
mandamus under this subsection by the Court of Criminal
Appeals, upon petition of a victim of an offense under this
chapter or of the accused, and on good cause shown. Any such
review shall, to the extent practicable, have priority over
all other proceedings of the Court of Appeals.''.
SEC. 532. PUNITIVE ARTICLE ON WRONGFUL BROADCAST OR
DISTRIBUTION OF INTIMATE VISUAL IMAGES OR
VISUAL IMAGES OF SEXUALLY EXPLICIT CONDUCT
UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Prohibition.--Subchapter X of chapter 47 of title 10,
United States Code, is amended by inserting after section 917
(article 117 of the Uniform Code of Military Justice) the
following new section (article):
``Sec. 917a. Art. 117a. Wrongful broadcast or distribution of
intimate visual images
``(a) Prohibition.--Any person subject to this chapter
who--
``(1) knowingly and wrongfully broadcasts or distributes an
intimate visual image of another person or a visual image of
sexually explicit conduct involving a person who--
``(A) is at least 18 years of age at the time the intimate
visual image or visual image of sexually explicit conduct was
created;
``(B) is identifiable from the intimate visual image or
visual image of sexually explicit conduct itself, or from
information displayed in connection with the intimate visual
image or visual image of sexually explicit conduct; and
``(C) does not explicitly consent to the broadcast or
distribution of the intimate visual image or visual image of
sexually explicit conduct;
``(2) knows or reasonably should have known that the
intimate visual image or visual image of sexually explicit
conduct was made under circumstances in which the person
depicted in the intimate visual image or visual image of
sexually explicit conduct retained a reasonable expectation
of privacy regarding any broadcast or distribution of the
intimate visual image or visual image of sexually explicit
conduct; and
``(3) knows or reasonably should have known that the
broadcast or distribution of the intimate visual image or
visual image of sexually explicit conduct is likely--
``(A) to cause harm, harassment, intimidation, emotional
distress, or financial loss for the person depicted in the
intimate visual image or visual image of sexually explicit
conduct; or
``(B) to harm substantially the depicted person with
respect to that person's health, safety, business, calling,
career, financial condition, reputation, or personal
relationships,
is guilty of wrongful distribution of intimate visual images
or visual images of sexually explicit conduct and shall be
punished as a court-martial may direct.
[[Page S5914]]
``(b) Definitions.--In this section (article):
``(1) Broadcast.--The term `broadcast' means to
electronically transmit a visual image with the intent that
it be viewed by a person or persons.
``(2) Distribute.--The term `distribute' means to deliver
to the actual or constructive possession of another person,
including transmission by mail or electronic means.
``(3) Intimate visual image.--The term `intimate visual
image' means a visual image that depicts a private area of a
person.
``(4) Private area.--The term `private area' means the
naked or underwear-clad genitalia, anus, buttocks, or female
areola or nipple.
``(5) Reasonable expectation of privacy.--The term
`reasonable expectation of privacy' refers to circumstances
in which a reasonable person would believe that an intimate
visual image of the person, or a visual image of sexually
explicit conduct involving the person, would not be broadcast
or distributed to another person.
``(6) Sexually explicit conduct.--The term `sexually
explicit conduct' means actual or simulated genital-genital
contact, oral-genital contact, anal-genital contact, or oral-
anal contact, whether between persons of the same or opposite
sex, bestiality, masturbation, or sadistic or masochistic
abuse.
``(7) Visual image.--The term `visual image' means the
following:
``(A) Any developed or undeveloped photograph, picture,
film or video.
``(B) Any digital or computer image, picture, film, or
video made by any means, including those transmitted by any
means, including streaming media, even if not stored in a
permanent format.
``(C) Any digital or electronic data capable of conversion
into a visual image.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter X of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is
amended by inserting after the item relating to section 917
(article 117) the following new item:
``917a. 117a. Wrongful broadcast or distribution of intimate visual
images.''.
SEC. 533. REPORT ON AVAILABILITY OF POSTSECONDARY CREDIT FOR
SKILLS ACQUIRED DURING MILITARY SERVICE.
Not later than 60 days after the date of enactment of this
Act, the Secretary of Defense, in consultation with the
Secretaries of Veterans Affairs, Education, and Labor, shall
submit to Congress a report on the transfer of skills into
equivalent postsecondary credits or technical certifications
for members of the armed forces leaving the military. Such
report shall describe each the following:
(1) Each skill that may be acquired during military service
that is eligible for transfer into an equivalent
postsecondary credit or technical certification.
(2) The academic level of the equivalent postsecondary
credit or technical certification for each such skill.
(3) Each academic institution that awards an equivalent
postsecondary credit or technical certification for such
skills, including--
(A) each such academic institution's status as a public or
private institution, and as a non-profit or for-profit
institution; and
(B) the number of veterans that applied to such academic
institution who were able to receive equivalent postsecondary
credits or technical certifications in the preceding fiscal
year, and the academic level of the credits or
certifications.
(4) The number of members of the armed forces who left the
military in the preceding fiscal year, and the number of such
members who met with an academic or technical training
advisor as part of the member's participation in the
Transition Assistance Program of the Department of Defense.
Subtitle E--Member Education, Training, Transition, and Resilience
SEC. 541. READY, RELEVANT LEARNING INITIATIVE OF THE NAVY.
(a) Certifications Required.--Not later than October 1,
2017, and each year thereafter, the Secretary of the Navy
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a certification on the
status of implementation of the Ready, Relevant Learning
initiative of the Navy for each applicable enlisted rating.
(b) Elements.--Each certification under subsection (a)
shall include the following:
(1) A certification by the Commander of the United States
Fleet Forces Command that the block learning and modernized
delivery methods of the Ready, Relevant Learning initiative
to be implemented during the fiscal year beginning in which
such certification is submitted will meet or exceed the
existing training delivery approach for all associated
training requirements.
(2) A certification by the Secretary that the content re-
engineering necessary to meet all training objectives and
transition from the traditional training curriculum to the
modernized delivery format to be implemented during such
fiscal year will be complete prior to such transition,
including full functionality of all required course software
and hardware.
(3) A detailed cost estimate of transitioning to the block
learning and modernized delivery approaches to be implemented
during such fiscal year with funding listed by purpose,
amount, appropriations account, budget program element or
line item, and end strength adjustments.
(4) A detailed phasing plan associated with transitioning
to the block learning and modernized delivery approaches to
be implemented during such fiscal year, including the current
status, timing, and identification of reductions in ``A''
school and ``C'' school courses, curricula, funding, and
personnel.
(5) A certification by the Secretary that--
(A) the contracting strategy associated with transitioning
to the modernized delivery approach to be implemented during
such fiscal year has been completed; and
(B) contracting actions contain sufficient specification
detail to enable a low risk approach to receiving the
deliverable end item or items on-budget, on-schedule, and
with satisfactory performance.
SEC. 542. ELEMENT IN PRESEPARATION COUNSELING FOR MEMBERS OF
THE ARMED FORCES ON ASSISTANCE AND SUPPORT
SERVICES FOR CAREGIVERS OF CERTAIN VETERANS
THROUGH THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 1142(b) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(18) A description, developed in consultation with the
Secretary of Veterans Affairs, of the assistance and support
services for family caregivers of eligible veterans under the
program conducted by the Secretary of Veterans Affairs
pursuant to section 1720G of title 38, including the veterans
covered by the program, the caregivers eligible for
assistance and support through the program, and the
assistance and support available through the program.''.
(b) Participation of Potential Caregivers in Appropriate
Preseparation Counseling.--
(1) In general.--In accordance with procedures established
by the Secretary of Defense, each Secretary of a military
department shall take appropriate actions to achieve the
following:
(A) To determine whether each member of the Armed Forces
under the jurisdiction of such Secretary who is undergoing
preseparation counseling pursuant to section 1142 of title
10, United States Code (as amended by subsection (a)), and
who may require caregiver services after separation from the
Armed Forces has identified an individual to provide such
services after the member's separation.
(B) In the case of a member described in subparagraph (A)
who has identified an individual to provide caregiver
services after the member's separation, at the election of
the member, to permit such individual to participate in
appropriate sessions of the member's preseparation counseling
in order to inform such individual of--
(i) the assistance and support services available to
caregivers of members after separation from the Armed Forces;
and
(ii) the manner in which the member's transition to
civilian life after separation may likely affect such
individual as a caregiver.
(2) Caregivers.--For purposes of this subsection,
individuals who provide caregiver services refers to
individuals (including a spouse, partner, parent, sibling,
adult child, other relative, or friend) who provide physical
or emotional assistance to former members of the Armed Forces
during and after their transition from military life to
civilian life following separation from the Armed Forces.
(3) Deadline for commencement.--Each Secretary of a miliary
department shall commence the actions required pursuant to
this subsection by not later than 180 days after the date of
the enactment of this Act.
SEC. 543. DISCHARGE IN THE SELECTED RESERVE OF THE
COMMISSIONED SERVICE OBLIGATION OF MILITARY
SERVICE ACADEMY GRADUATES WHO PARTICIPATE IN
PROFESSIONAL ATHLETICS.
(a) United States Military Academy.--Section 4348(a) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(5) That, if upon graduation the cadet obtains employment
as a professional athlete in lieu of the acceptance of an
appointment tendered under paragraph (2), the cadet--
``(A) will accept an appointment as a commissioned officer
as a Reserve in the Army for service in the Army Reserve; and
``(B) will remain in that reserve component as a member of
the Selected Reserve until completion of the commissioned
service obligation of the cadet.''.
(b) United States Naval Academy.--Section 6959(a) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(5) That, if upon graduation the midshipman obtains
employment as a professional athlete in lieu of the
acceptance of an appointment tendered under paragraph (2),
the midshipman--
``(A) will accept an appointment as a commissioned officer
as a Reserve in the Navy for service in the Navy Reserve or
the Marine Corps Reserve; and
``(B) will remain in that reserve component as a member of
the Selected Reserve until completion of the commissioned
service obligation of the midshipman.''.
(c) United States Air Force Academy.--Section 9348(a) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(5) That, if upon graduation the cadet obtains employment
as a professional athlete in lieu of the acceptance of an
appointment tendered under paragraph (2), the cadet--
``(A) will accept an appointment as a commissioned officer
as a Reserve in the Air Force for service in the Air Force
Reserve; and
``(B) will remain in that reserve component as a member of
the Selected Reserve until completion of the commissioned
service obligation of the cadet.''.
(d) Application of Amendments.--The Secretaries of the
military departments shall promptly revise the cadet and
midshipman service agreements under sections 4348, 6959, and
9348 of title 10, United States Code, to reflect the
amendments made by this section. The revised agreement shall
apply to cadets and midshipmen who are attending the United
States Military Academy, the United States Naval Academy, or
the United States Air Force Academy on the
[[Page S5915]]
date of the enactment of this Act and to persons who begin
attendance at such military service academies on or after
that date.
SEC. 544. PILOT PROGRAMS ON APPOINTMENT IN THE EXCEPTED
SERVICE IN THE DEPARTMENT OF DEFENSE OF
PHYSICALLY DISQUALIFIED FORMER CADETS AND
MIDSHIPMEN.
(a) Pilot Programs Authorized.--
(1) In general.--Each Secretary of a military department
may carry out a pilot program under which former cadets or
midshipmen described in paragraph (2) (in this section
referred to as ``eligible individuals'') under the
jurisdiction of such Secretary may be appointed by the
Secretary of Defense in the excepted service under section
3320 of title 5, United States Code, in the Department of
Defense.
(2) Cadets and midshipmen.--Except as provided in paragraph
(3), a former cadet or midshipman described in this paragraph
is any former cadet at the United States Military Academy or
the United States Air Force Academy, and any former
midshipman at the United States Naval Academy, who--
(A) completed the prescribed course of instruction and
graduated from the applicable service academy; and
(B) is determined to be medically disqualified to complete
a period of active duty in the Armed Forces prescribed in an
agreement signed by such cadet or midshipman in accordance
with section 4348, 6959, or 9348 of title 10, United States
Code.
(3) Exception.--A former cadet or midshipman whose medical
disqualification as described in paragraph (2)(B) is the
result of the gross negligence or misconduct of the former
cadet or midshipman is not an eligible individual for
purposes of appointment under a pilot program.
(b) Purpose.--The purpose of the pilot programs is to
evaluate the feasibility and advisability of permitting
eligible individuals who cannot accept a commission or
complete a period of active duty in the Armed Forces
prescribed by the Secretary of the military department
concerned to fulfill an obligation for active duty service in
the Armed Forces through service as a civilian employee of
the Department of Defense
(c) Positions.--
(1) In general.--The positions to which an eligible
individual may be appointed under a pilot program are
existing positions within the Department of Defense in grades
up to GS-9 under the General Schedule under section 5332 of
title 5, United States Code (or equivalent). The authority in
subsection (a) does not authorize the creation of additional
positions, or create any vacancies to which eligible
individuals may be appointed under a pilot program.
(2) Term positions.--Any appointment under a pilot program
shall be to a position having a term of five years or less.
(d) Scope of Authority.--
(1) Recruitment and retention of eligible individuals.--The
authority in subsection (a) may be used only to the extent
necessary to recruit and retain on a non-competitive basis
cadets and midshipmen who are relieved of an obligation for
active duty in the Armed Forces due to becoming medically
disqualified from serving on active duty in the Armed Forces,
and may not be used to appoint any other individuals in the
excepted service.
(2) Voluntary acceptance of appointments.--A pilot program
may not be used as an implicit or explicit basis for
compelling an eligible individual to accept an appointment in
the excepted service in accordance with this section.
(e) Relationship to Repayment Provisions.--Completion of a
term appointment pursuant to a pilot program shall relieve
the eligible individual concerned of any repayment obligation
under section 303a(e) or 373 of title 37, United States Code,
with respect to the agreement of the individual described in
subsection (b)(2)(B).
(f) Termination.--
(1) In general.--The authority to appoint eligible
individuals in the excepted service under a pilot program
shall expire on the date that is four years after the date of
the enactment of this Act.
(2) Effect on existing appointments.--The termination by
paragraph (1) of the authority in subsection (a) shall not
affect any appointment made under that authority before the
termination date specified in paragraph (1) in accordance
with the terms of such appointment.
SEC. 545. LIMITATION ON AVAILABILITY OF FUNDS FOR ATTENDANCE
OF AIR FORCE ENLISTED PERSONNEL AT AIR FORCE
OFFICER PROFESSIONAL MILITARY EDUCATION IN-
RESIDENCE COURSES.
(a) Limitation.--None of the funds authorized to be
appropriated or otherwise available for the Department of the
Air Force may be obligated or expended for the purpose of the
attendance of Air Force enlisted personnel at Air Force
officer professional military education (PME) in-residence
courses until the later of--
(1) the date on which the Secretary of the Air Force
submits to the Committees on Armed Services of the Senate and
the House of Representatives, and to the Comptroller General
of the United States, a report on the attendance of such
personnel at such courses as described in subsection (b);
(2) the date on which the Comptroller General submits to
such committees the report setting forth an assessment of the
report under paragraph (1) as described in subsection (c); or
(3) 180 days after the date of the enactment of this Act.
(b) Secretary of the Air Force Report.--The report of the
Secretary described in subsection (a)(1) shall include the
following:
(1) The purpose of the attendance of Air Force enlisted
personnel at Air Force officer professional military
education in-residence courses.
(2) The objectives for the attendance of such enlisted
personnel at such officer professional military education
courses.
(3) The required prerequisites for such enlisted personnel
to attend such officer professional military education
courses.
(4) The process for selecting such enlisted personnel to
attend such officer professional military education courses.
(5) The impact of the attendance of such enlisted personnel
at such officer professional military education courses on
the availability of officer allocations for the attendance of
officers at such courses.
(6) The impact of the attendance of such enlisted personnel
at such officer professional military education courses on
the morale and retention of officers attending such courses.
(7) The resources required for such enlisted personnel to
attend such officer professional military education courses.
(8) The impact on unit and overall Air Force manning levels
of the attendance of such enlisted personnel at such officer
professional military education courses, especially at the
statutorily-limited end strengths of grades E-8 and E-9.
(9) The extent to which graduation by such enlisted
personnel from such officer professional military education
courses is a requirement for Air Force or joint assignments.
(10) The planned assignment utilization for Air Force
enlisted graduates of such officer professional military
education courses.
(11) Any other matters in connection with the attendance of
such enlisted personnel at such officer professional military
education courses that the Secretary considers appropriate.
(c) Comptroller General of the United States Report.--
(1) In general.--Not later than 90 days after the date the
Secretary submits the report described in subsection (a)(1),
the Comptroller General shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a briefing on an assessment of the report by the Comptroller
General. As soon as practicable after the briefing, the
Comptroller General shall submit to such committees a report
on such assessment for purposes of subsection (a)(2).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An assessment of whether the conclusions and assertions
included in the report of the Secretary under subsection (a)
are comprehensive, fully supported, and sufficiently
detailed.
(B) An identification of any shortcomings, limitations, or
other reportable matters that affect the quality of the
findings or conclusions of the report of the Secretary.
SEC. 546. PILOT PROGRAM ON INTEGRATION OF DEPARTMENT OF
DEFENSE AND NON-FEDERAL EFFORTS FOR CIVILIAN
EMPLOYMENT OF MEMBERS OF THE ARMED FORCES
FOLLOWING TRANSITION FROM ACTIVE DUTY TO
CIVILIAN LIFE.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Defense shall conduct a
pilot program to assess the feasability and advisability of
assisting members of the Armed Forces described in subsection
(c) who are undergoing the transition from active duty in the
Armed Forces to civilian life by accelerating and improving
their access to employment following their transition to
civilian life through the coordination, integration, and
leveraging of existing programs and authorities of the
Department of Defense for such purposes with programs and
resources of State and local agencies, institutions of higher
education, employers, and other public, private, and
nonprofit entities applicable to the pilot program.
(2) Existing community programs and resources.--For
purposes of this section, existing programs and resources of
State and local agencies, institutions of higher education,
employers, and other public, private, and nonprofit entities
described in paragraph (1) in the vicinity of a location of
the pilot program are referred to as the ``existing community
programs and resources'' in that vicinity.
(b) Goals.--The goals of the pilot program shall be as
follows:
(1) To facilitate the coordination of existing community
programs and resources in the locations of the pilot program
in order to identify a model for the coordination of such
programs and authorities that can be replicated nationwide in
communities in which members of the Armed Forces described in
subsection (c) are undergoing the transition from active duty
to civilian life.
(2) To identify mechanisms by which the Department of
Defense and existing community programs and resources may
work with employers and members of the Armed Forces described
in subsection (c) in order to--
(A) identify workforce needs that may be satisfiable by
such members following their transition to civilian life;
(B) identify military occupational skills that may satisfy
the workforce needs identified pursuant to subparagraph (A);
and
(C) identify gaps in the training of members of the Armed
Forces that may require remediation in order to satisfy
workforce needs identified pursuant to subparagraph (A), and
identify mechanisms by which members of the Armed Forces
described in subsection (c) may receive training to remediate
such gaps.
(3) To identify mechanisms to assist members of the Armed
Forces described in subsection (c) in bridging geographical
gaps between their final military installations and nearby
metropolitan areas in which employment and necessary training
are likely to be available to such members during or
following their transition to civilian life.
(c) Covered Members.--The members of the Armed Forces
described in this subsection are the following:
[[Page S5916]]
(1) Regular members of the Armed Forces who are within 180
days of discharge or release from the Armed Forces.
(2) Members of the reserve components of the Armed Forces
(whether National Guard or Reserve) who are on active duty
for a period of more than 365 days and are within 180 days of
release from such active duty.
(d) Locations.--
(1) In general.--The Secretary shall carry out the pilot
program at not less than five locations selected by the
Secretary for purposes of the pilot program.
(2) Selection requirements.--Each location selected
pursuant to paragraph (1) shall--
(A) include a military installation--
(i) that has a well-established military-civilian community
relationship with the civilian communities nearby; and
(ii) at which serves an appropriate population of members
of the Armed Forces described in subsection (c);
(B) have a large employment or industry base that supports
a variety of occupational opportunities;
(C) have appropriate institutional infrastructure for the
provision of worker training; and
(D) take place in a different geographic region of the
United States.
(e) Elements.--At each location selected for the pilot
program there shall be the following:
(1) A mechanism to identify existing community programs and
resources for participation in the pilot program, including
programs and resources that are currently working with
programs and authorities of the Department of Defense to
assist members of the Armed Forces described in subsection
(c), and, especially, programs and resources that are
recognized as engaging in best practices in working with such
programs and authorities of the Department.
(2) A mechanism to assess the willingness of employers in
the vicinity of such location to participate in the pilot
program and employ members of the Armed Forces participating
in the pilot program following their transition to civilian
life.
(3) A mechanism to assess the willingness of the State in
which such location is located to recognize military training
for credit for professional and occupational licenses.
(4) A civilian community coordinator for the pilot program,
who shall be responsible for implementation and execution of
the pilot program for the Department, and for coordinating
existing community programs and resources, at such location
by--
(A) pursuing a multi-faceted outreach and engagement
strategy that leverages relationships with appropriate
public, private, and nonprofit entities in the vicinity of
such location for purposes of the pilot program;
(B) developing and implementing a program using existing
resources, infrastructure, and experience to maximize the
benefits of the pilot program for members of the Armed Forces
participating in the pilot program by minimizing the time
required for completion of training provided to such members
under the pilot program, which program shall--
(i) compliment continuing Department efforts to assist
members of the Armed Forces in their transition from active
duty in the Armed Forces to civilian life and to coordinate
with existing veteran employment programs for purposes of
such efforts;
(ii) provide for the cultivation of a network of partners
among the entities described in subparagraph (A) in order to
maximize the number of opportunities for civilian employment
for members of the Armed Forces participating in the pilot
program following their transition to civilian life;
(iii) provide for the use of comprehensive assessments of
the military experience gained by members of the Armed Forces
participating in the pilot program in order to assist them in
obtaining civilian employment relating to their military
occupations following their transition to civilian life;
(iv) seek to secure for members of the Armed Forces
participating in the pilot program maximum credit for prior
military service in their pursuit of civilian employment
following their transition to civilian life;
(v) seek to eliminate unnecessary and redundant elements of
the training provided for purposes of the pilot program to
members of the Armed Forces participating in the pilot
program;
(vi) seek to minimize the time required for members of the
Armed Forces participating in the pilot program in obtaining
skills, credentials, or certifications required for civilian
employment following their transition to civilian life; and
(vii) provide for the continuous collection of data and
feedback from employers in the vicinity of such location in
order to tailor training provided to members of the Armed
Forces for purposes of the pilot program to meet the needs of
such employers.
(5) A plan of action for delivering additional training and
credentialing modules for members of the Armed Forces
described in subsection (c) in order to seek to provide such
members with skills that are in high demand in the vicinity
and region of such location.
(f) Reports.--
(1) Initial report.--Not later than one year after the date
of the commencement of the pilot program, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the pilot program.
The report shall include, for each location selected for the
pilot program pursuant to subsection (d), the following:
(A) A full description of the pilot program, including--
(i) the number of members of the Armed Forces participating
in the pilot program;
(ii) the outreach to public, private, and nonprofit
entities conducted for purposes of the pilot program to
encourage such entities to participate in the pilot program;
(iii) the entities participating in the pilot program, set
forth by employment sector;
(iv) the number of members participating in the pilot
program who obtained employment with an entity participating
in the pilot program, set forth by employment sector;
(v) a description of any additional training provided to
members participating in the pilot program for purposes of
the pilot program, including the amount of time required for
such additional training; and
(vi) a description of the cost of the pilot program.
(B) A current assessment of the effect of the pilot program
on Department of Defense and community efforts to assist
members of the Armed Forces described in subsection (c) in
obtaining civilian employment following their transition to
civilian life.
(2) Final report.--Not later than 90 days before the date
on which the pilot program terminates, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives an update of the report
submitted under paragraph (1).
(g) Construction.--Nothing in this section may be construed
to authorize the Secretary to hire additional employees for
the Department of Defense to carry out the pilot program.
(h) Termination.--The authority of the Secretary to carry
out the pilot program shall terminate on the date that is two
years after the date on which the pilot program commences.
SEC. 547. TWO-YEAR EXTENSION OF SUICIDE PREVENTION AND
RESILIENCE PROGRAM FOR THE NATIONAL GUARD AND
RESERVES.
Section 10219(g) of title 10, United States Code, is
amended by striking ``October 1, 2018'' and inserting
``October 1, 2020''.
SEC. 548. SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING FOR
ALL INDIVIDUALS ENLISTED IN THE ARMED FORCES
UNDER A DELAYED ENTRY PROGRAM.
(a) Training Required.--Commencing not later than January
1, 2018, each Secretary concerned shall, insofar as
practicable, provide training on sexual assault prevention
and response to each individual under the jurisdiction of
such Secretary who is enlisted in the Armed Forces under a
delayed entry program such that each such individual
completes such training before the date of commencement of
basic training or initial active duty for training in the
Armed Forces.
(b) Elements.--
(1) In general.--The training provided pursuant to
subsection (a) shall meet such requirements as the Secretary
of Defense shall establish for purposes of this section. Such
training shall, to the extent practicable, be uniform across
the Armed Forces.
(2) Sense of congress on provision and nature of
training.--It is the sense of Congress that the training
should--
(A) be provided through in-person instruction, whenever
possible; and
(B) include instruction on the proper use of social media.
(c) Definitions.--In this section:
(1) The term ``delayed entry program'' means the following:
(A) The Future Soldiers Program of the Army.
(B) The Delayed Entry Program of the Navy and the Marine
Corps.
(C) The program of the Air Force for the delayed entry of
enlistees into the Air Force.
(D) The program of the Coast Guard for the delayed entry of
enlistees into the Coast Guard.
(E) Any successor program to a program referred to in
subparagraphs (A) through (D).
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of title 10, United States
Code.
SEC. 549. USE OF ASSISTANCE UNDER DEPARTMENT OF DEFENSE
TUITION ASSISTANCE PROGRAM FOR NON-TRADITIONAL
EDUCATION TO DEVELOP CYBERSECURITY AND COMPUTER
CODING SKILLS.
(a) Briefing on Use Required.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of
Defense shall provide the Committees on Armed Services of the
Senate and the House of Representatives a briefing on the
feasability and advisability of the enactment into law of the
authority described in subsection (b).
(b) Authority.--The authority described in this subsection
is authority for a member of the Armed Forces who is eligible
for tuition assistance under the Department of Defense
Tuition Assistance (TA) Program to use such assistance at or
with an educational institution described in subsection (c)
for courses or programs of education of such educational
institution in connection with the following:
(1) Cybersecurity skills or related skills.
(2) Computer coding skills or related skills.
(c) Educational Institutions.--
(1) In general.--An educational institution described in
this subsection is an educational institution not otherwise
approved for participation in the Department of Defense
Tuition Assistance Program that receives approval from the
Department of Defense for participation in the program for
courses or programs of education described in subsection (b).
(2) Approval.--Any approval of the participation of an
educational institution in the Program under this subsection
would be granted by the Under Secretary of Defense for
Personnel and Readiness in accordance with such guidance as
the Under Secretary would issue for purposes of this section.
(3) Memoranda of understanding.--The Under Secretary would
enter into a memorandum of understanding with each
educational
[[Page S5917]]
institution approved for participation in the Program
pursuant to this subsection regarding the participation of
such educational institution in the Program. Each memorandum
of understanding would set forth such terms and conditions
regarding the participation of the educational institution
concerned in the Program, including terms and conditions
applicable to the courses or programs for which tuition
assistance under the Program could be used, as the Under
Secretary would consider appropriate for purposes of this
section.
(d) Courses and Programs.--The courses and programs of
education for which tuition assistance could be used pursuant
to the authority in subsection (b) would include the
following:
(1) Massive online open courses (MOOCs).
(2) Short-term certification courses, including so-called
computer coding ``boot camps''.
(3) Such other non-traditional courses and programs of
education leading to skills specified in subsection (b) as
the Under Secretary would consider appropriate for purposes
of this section.
SEC. 550. SENSE OF SENATE ON INCREASING ENROLLMENT IN SENIOR
RESERVE OFFICERS' TRAINING CORPS PROGRAMS AT
MINORITY-SERVING INSTITUTIONS.
(a) Sense of Senate.--It is the sense of the Senate that
the Armed Forces should take appropriate actions to increase
enrollment in Senior Reserve Officers' Training Corps (SROTC)
programs at minority-serving institutions.
(b) Minority-serving Institution Defined.--In this section,
the term ``minority-serving institution'' means an
institution of higher education described in section 371(a)
of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
PART I--DEFENSE DEPENDENTS' EDUCATION MATTERS
SEC. 551. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
(a) In General.--Of the amount authorized to be
appropriated for fiscal year 2018 pursuant to section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for payments under section 363
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-77; 20 U.S.C. 7703a).
(b) Use of Certain Amount.--Of the amount available under
subsection (a) for payments as described in that subsection,
$5,000,000 shall be available for such payments to local
educational agencies determined by the Secretary of Defense,
in the discretion of the Secretary, to have higher
concentrations of military children with severe disabilities.
SEC. 552. CONTINUATION OF AUTHORITY TO ASSIST LOCAL
EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated for fiscal year 2018 by section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$25,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
20 U.S.C. 7703b).
(b) 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. 553. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO THE
TRANSITION AND SUPPORT OF MILITARY DEPENDENT
STUDENTS TO LOCAL EDUCATIONAL AGENCIES.
Section 574(c)(3) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b note)
is amended by striking ``September 30, 2017'' and inserting
``September 30, 2018''.
PART II--MILITARY FAMILY READINESS MATTERS
SEC. 556. HOUSING TREATMENT FOR CERTAIN MEMBERS OF THE ARMED
FORCES, AND THEIR SPOUSES AND OTHER DEPENDENTS,
UNDERGOING A PERMANENT CHANGE OF STATION WITHIN
THE UNITED STATES.
(a) Housing Treatment.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 403 the following new
section:
``Sec. 403a. Housing treatment for certain members of the
armed forces, and their spouses and other dependents,
undergoing a permanent change of station within the United
States
``(a) Housing Treatment for Certain Members Who Have a
Spouse or Other Dependents.--
``(1) Housing treatment regulations.--The Secretary of
Defense shall prescribe regulations that permit a member of
the armed forces described in paragraph (2) who is undergoing
a permanent change of station within the United States to
request the housing treatment described in subsection (b)
during the covered relocation period of the member.
``(2) Eligible members.--A member described in this
paragraph is any member who--
``(A) has a spouse who is gainfully employed or enrolled in
a degree, certificate or license granting program at the
beginning of the covered relocation period;
``(B) has one or more dependents attending an elementary or
secondary school at the beginning of the covered relocation
period;
``(C) has one or more dependents enrolled in the
Exceptional Family Member Program; or
``(D) is caring for an immediate family member with a
chronic or long-term illness at the beginning of the covered
relocation period.
``(b) Housing Treatment.--
``(1) Continuation of housing for the spouse and other
dependents.--If a spouse or other dependent of a member whose
request under subsection (a) is approved resides in
Government-owned or Government-leased housing at the
beginning of the covered relocation period, the spouse or
other dependent may continue to reside in such housing during
a period determined in accordance with the regulations
prescribed pursuant to this section.
``(2) Early housing eligibility.--If a spouse or other
dependent of a member whose request under subsection (a) is
approved is eligible to reside in Government-owned or
Government-leased housing following the member's permanent
change of station within the United States, the spouse or
other dependent may commence residing in such housing at any
time during the covered relocation period.
``(3) Temporary use of government-owned or government-
leased housing intended for members without a spouse or
dependent.--If a spouse or other dependent of a member
relocates at a time different from the member in accordance
with a request approved under subsection (a), the member may
be assigned to Government-owned or Government-leased housing
intended for the permanent housing of members without a
spouse or dependent until the member's detachment date or the
spouse or other dependent's arrival date, but only if such
Government-owned or Government-leased housing is available
without displacing a member without a spouse or dependent at
such housing.
``(4) Equitable basic allowance for housing.--If a spouse
or other dependent of a member relocates at a time different
from the member in accordance with a request approved under
subsection (a), the amount of basic allowance for housing
payable may be based on whichever of the following areas the
Secretary concerned determines to be the most equitable:
``(A) The area of the duty station to which the member is
reassigned.
``(B) The area in which the spouse or other dependent
resides, but only if the spouse or other dependent resides in
that area when the member departs for the duty station to
which the member is reassigned, and only for the period
during which the spouse or other dependent resides in that
area.
``(C) The area of the former duty station of the member,
but only if that area is different from the area in which the
spouse or other dependent resides.
``(c) Rule of Construction Related to Certain Basic
Allowance for Housing Payments.--Nothing in this section
shall be construed to limit the payment or the amount of
basic allowance for housing payable under section
403(d)(3)(A) of this title to a member whose request under
subsection (a) is approved.
``(d) Inapplicability to Coast Guard.--This section does
not apply to members of the Coast Guard.
``(e) Housing Treatment Education.--The regulations
prescribed pursuant to this section shall ensure the
relocation assistance programs under section 1056 of title 10
include, as part of the assistance normally provided under
such section, education about the housing treatment available
under this section.
``(f) Definitions.--In this section:
``(1) Covered relocation period.--(A) Subject to
subparagraph (B), the term `covered relocation period', when
used with respect to a permanent change of station of a
member of the armed forces, means the period that--
``(i) begins 180 days before the date of the permanent
change of station; and
``(ii) ends 180 days after the date of the permanent change
of station.
``(B) The regulations prescribed pursuant to this section
may provide for a shortening or lengthening of the covered
relocation period of a member for purposes of this section.
``(2) Dependent.--The term `dependent' has the meaning
given that term in section 401 of this title.
``(3) Permanent change of station.--The term `permanent
change of station' means a permanent change of station
described in section 452(b)(2) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 such title is amended by inserting
after the item relating to section 403 the following new
item:
``403a. Housing treatment for certain members of the armed forces, and
their spouses and other dependents, undergoing a
permanent change of station within the United States.''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2018.
SEC. 557. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE FOR
CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT
CHILD DEVELOPMENT CENTERS.
(a) In General.--The Secretary of Defense may, without
regard to the provisions of subchapter I of chapter 33 of
title 5, United States Code, recruit and appoint qualified
childcare services providers to positions within the
Department of Defense child development centers.
(b) Regulations.--The Secretary shall carry out this
section in accordance with regulations prescribed by the
Secretary for purposes of this section.
(c) Deadline for Implementation.--The Secretary shall
prescribe the regulations required by subsection (b), and
commence implementation of subsection (a), by not later than
May 1, 2018.
[[Page S5918]]
(d) Childcare Services Provider Defined.--In this section,
the term ``childcare services provider'' means a person who
provides childcare services for dependent children of members
of the Armed Forces and civilian employees of the Department
of Defense in child development centers on Department
installations.
SEC. 558. REPORT ON EXPANDING AND CONTRACTING FOR CHILDCARE
SERVICES OF THE DEPARTMENT OF DEFENSE.
Not later than March 1, 2018, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting
forth an assessment, undertaken by the Secretary for purposes
of the report, of the feasibility and advisability of the
following:
(1) Expanding the operating hours of childcare facilities
of the Department of Defense in order to meet childcare
services requirements for swing-shift, night-shift, and
weekend workers.
(2) Using contracts with private-sector childcare services
providers to expand the availability of childcare services
for members of the Armed Forces at locations outside military
installations at costs similar to the current costs for
childcare services through child development centers on
military installations.
(3) Contracting with private-sector childcare services
providers to operate childcare facilities of the Department
on military installations.
(4) Expanding childcare services as described in paragraphs
(1) through (3) to members of the National Guard and Reserves
in a manner that does not substantially raise costs of
childcare services for the military departments or conflict
with others who have a higher priority for space in childcare
services programs, such as members of the Armed Forces on
active duty.
SEC. 559. REPORT ON REVIEW OF GENERAL SCHEDULE PAY GRADES OF
CHILDCARE SERVICES PROVIDERS OF THE DEPARTMENT
OF DEFENSE.
(a) Report Required.--Not later than March 1, 2018, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on a review, undertaken by the Secretary for purposes
of the report, of the General Schedule pay grades for
childcare services provider positions within the Department
of Defense.
(b) Elements of Review.--The review undertaken for purposes
of subsection (a) shall include the following:
(1) A comparison of the compensation provided for current
General Schedule pay grades for childcare services provider
positions within the Department with the compensation
provided to childcare services providers in the private
sector providing similar childcare services.
(2) An assessment of the mix of General Schedule pay grades
currently required by the Department to most effectively
recruit and retain childcare services providers for military
dependents.
(3) A comparison of the budget implications of the current
General Schedule pay grade mix with the General Schedule pay
grade mix determined pursuant to paragraph (2) to be required
by the Department to most effectively recruit and retain
childcare services providers for military dependents.
SEC. 560. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNERSHIPS FOR
TELEWORK FACILITIES ON MILITARY INSTALLATIONS
OUTSIDE THE UNITED STATES.
(a) In General.--Commencing not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall carry out a pilot program to assess the
feasability and advisability of providing telework facilities
for military spouses on military installations outside the
United States. The Secretary shall consult with the host
nation or nations concerned in carrying out the pilot
program.
(b) Number of Installations.--The Secretary shall carry out
the pilot program at not less than two military installations
outside the United States selected by the Secretary for
purposes of the pilot program.
(c) Duration.--The duration of the pilot program shall be a
period selected by the Secretary, but not more than three
years.
(d) Elements.--The pilot program shall include the
following elements:
(1) The pilot program shall be conducted as one or more
public-private partnerships between the Department of Defense
and a private corporation or partnership of private
corporations.
(2) The corporation or corporations participating in the
pilot program shall contribute to the carrying out of the
pilot program an amount equal to the amount committed by the
Secretary to the pilot program at the time of its
commencement.
(3) The Secretary shall enter into one or more memoranda of
understanding with the corporation or corporations
participating in the pilot program for purposes of the pilot
program, including the amounts to be contributed by such
corporation or corporations pursuant to paragraph (2).
(4) The telework undertaken by military spouses under the
pilot program may only be for United States companies.
(5) The pilot program shall permit military spouses to
provide administrative, informational technology,
professional, and other necessary support to companies
through telework from Department installations outside the
United States.
(e) Funding.--Of the amount authorized to be appropriated
for fiscal year 2018 by section 401 and available for
military personnel as specified in the funding table in
section 4401, up to $1,000,000 may be available to carry out
the pilot program, including entry into memoranda of
understanding pursuant to subsection (d)(3) and payment by
the Secretary of the amount committed by the Secretary to the
pilot program pursuant to subsection (d)(2).
SEC. 561. REPORT ON MECHANISMS TO FACILITATE THE OBTAINING BY
MILITARY SPOUSES OF PROFESSIONAL LICENSES OR
CREDENTIALS IN OTHER STATES.
Not later than March 1, 2018, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting
forth an assessment of the feasability and advisability of
the following:
(1) The development and maintenance of a joint Federal-
State clearing house to process the professional license and
credential information of military spouses in order--
(A) to facilitate the matching of such information with
State professional licensure and credentialing requirements;
and
(B) to provide military spouses information on the actions
required to obtain professional licenses or credentials in
other States.
(2) The establishment of a joint Federal-State taskforce
dedicated to the elimination of unnecessary or duplicative
professional licensure and credentialing requirements among
the States.
(3) The development and maintenance of an Internet website
that serves as a one-stop resource on professional licenses
and credentials for military spouses that sets forth license
and credential requirements for common professions in the
States and provides assistance and other resources for
military spouses seeking to obtain professional licenses or
credentials in other States.
SEC. 562. ADDITIONAL MILITARY CHILDCARE MATTERS.
(a) Hours of Operation of Childcare Development Centers of
the Department of Defense.--
(1) In general.--The hours of operation of each childcare
development center (CDC) of the Department of Defense shall,
to the extent practicable, be set and maintained in manner
that takes into account the demands and circumstances of
members of the Armed Forces, including members of the reserve
components, who use such center in facilitation of the
performance of their military duties.
(2) Matters to be taken into account.--The demands and
circumstances to be taken into account under paragraph (1)
for purposes of setting and maintaining the hours of
operation of a childcare development center shall include the
following:
(A) Mission requirements of units whose members use such
center.
(B) The unpredictability of work schedules, and
fluctuations in day-to-day work hours, of such members.
(C) The potential for frequent and prolonged absences of
such members for training, operations, and deployments.
(D) The location of such center on the military
installation concerned, including the location in connection
with duty locations of members and applicable military family
housing.
(E) The geographic separation of such members from their
extended family.
(F) The impact on the ability of such members to perform
their military duties of employment of their spouses or
educational pursuits of their spouses.
(G) Such other matters as the Secretary of the military
department concerned considers appropriate for purposes of
this subsection.
(b) Childcare Coordinators for Military Installations.--
(1) Childcare coordinators.--Each Secretary of a military
department shall provide for a childcare coordinator at each
military installation under the jurisdiction of such
Secretary at which are stationed significant numbers of
members of the Armed Forces with accompanying dependent
children, as determined by such Secretary.
(2) Nature of position.--The childcare coordinator for a
military installation may be an individual appointed to that
position on full-time or part-time basis or an individual
appointed to another position whose duties in such other
position are consistent with the discharge by the person of
the duties of childcare coordinator.
(3) Duties.--Each childcare coordinator for an installation
shall carry out the duties as follows:
(A) Act as an advocate for military families at the
installation on childcare matters both on-installation and
off-installation.
(B) Work with the commander of the installation in order to
seek to ensure that the childcare development centers at the
installation, together with any other available childcare
options on or in the vicinity of the installation--
(i) provide a quality of care (including a caregiver-to-
child ratio) commensurate with best practices of private
providers of childcare services; and
(ii) are responsive to the childcare needs of members
stationed at the installation and their families.
(C) Work with private providers of childcare services in
the vicinity of the installation in order to--
(i) track vacancies in the childcare facilities of such
providers;
(ii) seek to increase the availability of affordable
childcare services for such members; and
(iii) otherwise ease the use of such services by such
members.
(D) Such other duties as the Secretary of the military
department concerned shall specify.
SEC. 563. MECHANISMS TO FACILITATE THE OBTAINING BY MILITARY
SPOUSES OF OCCUPATIONAL LICENSES OR CREDENTIALS
IN OTHER STATES.
Not later than March 1, 2018, the Secretary of Defense
shall--
(1) develop and maintain a joint Federal-State clearing
house to process the occupational license and credential
information of military spouses in order--
[[Page S5919]]
(A) to facilitate the matching of such information with
State occupational licensure and credentialing requirements;
and
(B) to provide military spouses information on the actions
required to obtain occupational licenses or credentials in
other States;
(2) develop and maintain an Internet website that serves as
a one-stop resource on occupational licenses and credentials
for military spouses that sets forth license and credential
requirements for common occupations in the States and
provides assistance and other resources for military spouses
seeking to obtain occupational licenses or credentials in
other States; and
(3) submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting
forth an assessment of the feasibility and advisability of
the establishment of a joint Federal-State task force
dedicated to the elimination of unnecessary or duplicative
occupational licensure and credentialing requirements among
the States, including through the use of alternative, less
restrictive and burdensome forms of occupational regulation.
Subtitle G--Decorations and Awards
SEC. 571. AUTHORITY OF SECRETARY OF THE ARMY TO AWARD THE
PERSONNEL PROTECTION EQUIPMENT AWARD OF THE
ARMY TO FORMER MEMBERS OF THE ARMY.
Notwithstanding any requirement in section 1125 of title
10, United States Code, relating to the award of awards only
to current members of the Armed Forces, the Secretary of the
Army may award the Personnel Protection Equipment (PPE) award
of the Army to former members of the Army.
SEC. 572. AUTHORIZATION FOR AWARD OF DISTINGUISHED SERVICE
CROSS TO SPECIALIST FRANK M. CRARY FOR ACTS OF
VALOR IN VIETNAM.
(a) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President may award the Distinguished Service Cross under
section 3742 of such title to Specialist Frank M. Crary for
the acts of valor in Vietnam described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Frank M. Crary on April
7, 1966, as a member of the Army serving in the grade of
Specialist in Vietnam while serving with Company D, 1st
Battalion (Airborne), 12th Cavalry Regiment, 1st Cavalry
Division.
Subtitle H--Other Matters
SEC. 581. MODIFICATION OF SUBMITTAL DATE OF COMPTROLLER
GENERAL OF THE UNITED STATES REPORT ON
INTEGRITY OF THE DEPARTMENT OF DEFENSE
WHISTLEBLOWER PROGRAM.
Section 536(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2124) is
amended by striking ``18 months after the date of the
enactment of this Act'' and inserting ``December 31, 2018''.
SEC. 582. REPORT TO CONGRESS ON ACCOMPANIED AND UNACCOMPANIED
TOURS OF DUTY IN REMOTE LOCATIONS WITH HIGH
FAMILY SUPPORT COSTS.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth a
comparative analysis, undertaken by the Secretary for
purposes of the report, of accompanied tours of duty and
unaccompanied tours of duty of members of the Armed Forces in
remote locations with high family support costs (including
facility construction and operation costs), including the
following:
(1) United States Naval Station, Guantanamo Bay, Cuba.
(2) Kwajalein Atoll.
(3) Al Udeid Air Base, Qatar.
SEC. 583. AUTHORIZATION OF SUPPORT FOR BEYOND YELLOW RIBBON
PROGRAMS.
Section 582 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note)
is amended--
(1) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k) Support for Beyond Yellow Ribbon Programs.--The
Secretary of Defense may award grants to States to carry out
programs that provide deployment cycle information, services,
and referrals to members of reserve components of the Armed
Forces, members of active components of the Armed Forces, and
the families of such members throughout the deployment cycle.
Such programs may include the provision of access to outreach
services, including the following:
``(1) Employment counseling.
``(2) Behavioral health counseling.
``(3) Suicide prevention.
``(4) Housing advocacy.
``(5) Financial counseling.
``(6) Referrals to for the receipt of other services.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2018 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2018 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2018,
the rates of monthly basic pay for members of the uniformed
services are increased by 2.1 percent.
SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY
INCREASE IN RATES OF BASIC ALLOWANCE FOR
HOUSING UNDER CERTAIN CIRCUMSTANCES.
Section 403(b)(7)(E) of title 37, United States Code, is
amended by striking ``December 31, 2017'' and inserting
``December 31, 2018''.
SEC. 603. ADJUSTMENT TO BASIC ALLOWANCE FOR HOUSING AT WITH
DEPENDENTS RATE OF CERTAIN MEMBERS OF THE
UNIFORMED SERVICES.
(a) In General.--Section 403 of title 37, United States
Code, is amended by adding at the end the following new
subsection:
``(p) Ineligibility for With Dependents Rate of Certain
Members.--A member who is married to another member, is
assigned to the same geographic location as such other
member, and has one or more dependent children with such
other member is not eligible for a basic allowance for
housing at the with dependents rate.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
take effect on October 1, 2017, and shall, except as provided
in paragraph (2), apply with respect to allowances for basic
housing payable for months beginning on or after that date.
(2) Preservation of current bah for members with
uninterrupted eligibility for bah.--Notwithstanding the
amendment made by subsection (a), the monthly amount of basic
allowance for housing payable to a member of the uniformed
services under section 403 of title 37, United States Code,
as of September 30, 2017, shall not be reduced by reason of
the amendment so long as the member retains uninterrupted
eligibility for such basic allowance for housing within an
area of the United States or within an overseas location (as
applicable).
SEC. 604. MODIFICATION OF AUTHORITY OF PRESIDENT TO DETERMINE
ALTERNATIVE PAY ADJUSTMENT IN ANNUAL BASIC PAY
OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Modification.--Section 1009(e) of title 37, United
States Code, is amended--
(1) in paragraph (1), by striking ``or serious economic
conditions affecting the general welfare'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act,
and--
(1) if the date of the enactment of this Act occurs before
September 1 of a year, shall apply with respect to plans for
alternative pay adjustments for any year beginning after such
year; and
(2) if the date of the enactment of this Act occurs after
August 31 of a year, shall apply with respect to plans for
alternative pay adjustments for any year beginning after the
year following such year.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2017'' and inserting
``December 31, 2018'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment
and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve
enlistment and reenlistment bonus for persons with prior
service.
(7) Section 478a(e), relating to reimbursement of travel
expenses for inactive-duty training outside of normal
commuting distance.
(8) Section 910(g), relating to income replacement payments
for reserve component members experiencing extended and
frequent mobilization for active duty service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title
10, United States Code, are amended by striking ``December
31, 2017'' and inserting ``December 31, 2018'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(b) Title 37 Authorities.--The following sections of title
37, United States Code, are amended by striking ``December
31, 2017'' and inserting ``December 31, 2018'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for
medical officers in critically short wartime specialties.
[[Page S5920]]
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES FOR NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2017'' and inserting
``December 31, 2018'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE
37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND
BONUS AUTHORITIES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2017'' and inserting
``December 31, 2018'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(6) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve
Officers' Training Corps.
(7) Section 351(h), relating to hazardous duty pay.
(8) Section 352(g), relating to assignment pay or special
duty pay.
(9) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(10) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO
PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL
PAYS.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2017'' and inserting
``December 31, 2018'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 316a(g), relating to incentive pay for members
of precommissioning programs pursuing foreign language
proficiency.
(6) Section 324(g), relating to accession bonus for new
officers in critical skills.
(7) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease
personnel shortage.
(8) Section 327(h), relating to incentive bonus for
transfer between Armed Forces.
(9) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 616. AVIATION BONUS MATTERS.
Section 334(c) of title 37, United States Code, is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) Business case for payment of aviation bonus
amounts.--
``(A) In general.--The amount of the aviation bonus payable
under paragraph (1)(B) under agreements entered into under
subsection (d) during a fiscal year shall be determined
solely through a business case analysis of the amount
required to be paid under such agreements in order to address
anticipated manning shortfalls for such fiscal year by
aircraft type category.
``(B) Budget justification documents.--The budget
justification documents in support of the budget of the
President for a fiscal year (as submitted to Congress
pursuant to section 1105 of title 31) shall set forth for
each uniformed service the following:
``(i) The amount requested for the payment of aviation
bonuses under this section using amounts authorized to be
appropriated for the fiscal year concerned by aircraft type
category.
``(ii) The business case analysis supporting the amount so
requested by aircraft type category.
``(iii) For each aircraft type category, whether or not the
amount requested will permit the payment during the fiscal
year concerned of the maximum amount of the aviation bonus
authorized by paragraph (1).
``(iv) If any amount requested is to address manning
shortfalls, a description of any plans of the Secretary
concerned to address such shortfalls by non-monetary means.
``(3) Tiered limitation on maximum amount of aviation
bonus.--
``(A) In general.--The maximum amount of the aviation bonus
payable under paragraph (1)(B) under agreements entered into
under subsection (d) during a fiscal year shall vary by
anticipated manning shortfalls for such fiscal year by
aircraft type category. The variance shall be stated by tier
correlating maximum bonus amounts with anticipated manning
and retention levels, as follows:
``(i) Maximum amount payable (known as `Tier I') is the
amount specified for the fiscal year concerned by paragraph
(1)(B) and is payable under agreements for duty by aircraft
type category in which--
``(I) the projected manning level for the fiscal year does
not exceed 90 percent of the required manning level; or
``(II) the two-year retention trend for personnel
performing such duty does not exceed 50 percent.
``(ii) Maximum amount payable (known as `Tier II') is an
amount equal to 68 percent of the amount specified for the
fiscal year concerned by paragraph (1)(B) and is payable
under agreements for duty by aircraft type category in
which--
``(I) the projected manning level for the fiscal year is
between 90 and 95 percent of the required manning level; or
``(II) the two-year retention trend for personnel
performing such duty is between 50 and 55 percent.
``(iii) Maximum amount payable (known as `Tier III') is an
amount equal to 34 percent of the amount specified for the
fiscal year concerned by paragraph (1)(B) and is payable
under agreements for duty by aircraft type category in
which--
``(I) the projected manning level for the fiscal year is
between 95 and 100 percent of the required manning level; or
``(II) the two-year retention trend for personnel
performing such duty is between 55 and 65 percent.
``(iv) Maximum amount payable (known as `Tier IV') is zero
for duty by aircraft type category in which--
``(I) the projected manning level for the fiscal year is
100 percent or more of the required manning level; or
``(II) the two-year retention trend for personnel
performing such duty exceeds 65 percent.
``(B) Limitation on total number of agreements providing
for tier i payment.--In no event may all the agreements
entered into under subsection (d) during a fiscal year by a
Secretary concerned provide for a maximum amount payable as
described in subparagraph (A)(i).''.
SEC. 617. SPECIAL AVIATION INCENTIVE PAY AND BONUS
AUTHORITIES FOR ENLISTED MEMBERS WHO PILOT
REMOTELY PILOTED AIRCRAFT.
(a) In General.--Chapter 5 of title 37, United States Code,
is amended by inserting after section 334 the following new
section:
``Sec. 334a. Special aviation incentive pay and bonus
authorities: enlisted members who pilot remotely piloted
aircraft
``(a) Aviation Incentive Pay.--
``(1) Incentive pay authorized.--The Secretary concerned
may pay aviation incentive pay under this section to an
enlisted member in a regular or reserve component of a
uniformed service who--
``(A) is entitled to basic pay under section 204 of this
title or compensation under 206 of this title;
``(B) is designated as a remotely piloted aircraft pilot,
or is in training leading to such a designation;
``(C) engages in, or is in training leading to, frequent
and regular performance of operational flying duty or
proficiency flying duty;
``(D) engages in or remains in aviation service for a
specified period; and
``(E) meets such other criteria as the Secretary concerned
determines appropriate.
``(2) Enlisted members not currently engaged in flying
duty.--The Secretary concerned may pay aviation incentive pay
under this section to an enlisted member who is otherwise
qualified for such pay but who is not currently engaged in
the performance of operational flying duty or proficiency
flying duty if the Secretary determines, under regulations
prescribed under section 374 of this title, that payment of
aviation pay to that enlisted member is in the best interests
of the service.
``(b) Aviation Bonus.--The Secretary concerned may pay an
aviation bonus under this section to an enlisted member in a
regular or reserve component of a uniformed service who--
``(1) is entitled to aviation incentive pay under
subsection (a);
``(2) is within one year of completing the member's
enlistment;
``(3) reenlists or voluntarily extends the member's
enlistment for a period of at least one year or, in the case
of an enlisted member serving pursuant to an indefinite
reenlistment, executes a written agreement to remain on
active duty for a period of at least one year or to remain in
an active status in a reserve component for a period of at
least one year; and
``(4) meets such other criteria as the Secretary concerned
determines appropriate.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned shall
determine the amount of a bonus or incentive pay to be paid
under this section, except that--
``(A) aviation incentive pay under subsection (a) shall be
paid at a monthly rate not to exceed $1,000 per month; and
``(B) an aviation bonus under subsection (b) may not exceed
$35,000 for each 12-month period of obligated service agreed
to under subsection (d).
``(2) Business case for payment of aviation bonus
amounts.--
``(A) In general.--The amount of the aviation bonus payable
under paragraph (1)(B) under agreements entered into under
subsection (d) during a fiscal year shall be determined
solely through a business case analysis of the amount
required to be paid under such agreements in order to address
anticipated manning shortfalls for such fiscal year by
aircraft type category.
``(B) Budget justification documents.--The budget
justification documents in support of the budget of the
President for a fiscal year (as submitted to Congress
pursuant to section 1105 of title 31) shall set forth for
each uniformed service the following:
[[Page S5921]]
``(i) The amount requested for the payment of aviation
bonuses under this section using amounts authorized to be
appropriated for the fiscal year concerned by aircraft type
category.
``(ii) The business case analysis supporting the amount so
requested by aircraft type category.
``(iii) For each aircraft type category, whether or not the
amount requested will permit the payment during the fiscal
year concerned of the maximum amount of the aviation bonus
authorized by paragraph (1).
``(iv) If any amount requested is to address manning
shortfalls, a description of any plans of the Secretary
concerned to address such shortfalls by non-monetary means.
``(3) Lump sum or installments.--A bonus under this section
may be paid in a lump sum or in periodic installments, as
determined by the Secretary concerned.
``(4) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required by
subsection (d), the total amount of the bonus to be paid
under the agreement shall be fixed.
``(d) Written Agreement for Bonus.--To receive an aviation
bonus under this section, an enlisted member determined to be
eligible for the bonus shall enter into a written agreement
with the Secretary concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under subsection
(c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Reserve Component Enlisted Members Performing
Inactive Duty Training.--An enlisted member of reserve
component who is entitled to compensation under section 206
of this title and who is authorized aviation incentive pay
under this section may be paid an amount of incentive pay
that is proportionate to the compensation received under
section 206 of this title for inactive-duty training.
``(f) Relationship to Other Pay and Allowances.--
``(1) Aviation incentive pay.--Aviation incentive pay paid
to an enlisted member under subsection (a) shall be in
addition to any other pay and allowance to which the enlisted
member is entitled, except that an enlisted member may not
receive a payment under such subsection and section 351(a)(2)
or 353(a) of this title for the same skill and period of
service.
``(2) Aviation bonus.--An aviation bonus paid to an
enlisted member under subsection (b) shall be in addition to
any other pay and allowance to which the enlisted member is
entitled, except that an enlisted member may not receive a
bonus payment under such subsection and section 331 or 353(b)
of this title for the same skill and period of service.
``(g) Repayment.--An enlisted member who receives aviation
incentive pay or an aviation bonus under this section and who
fails to fulfill the eligibility requirements for the receipt
of the incentive pay or bonus or complete the period of
service for which the incentive pay or bonus is paid, as
specified in the written agreement under subsection (d) in
the case of a bonus, shall be subject to the repayment
provisions of section 373 of this title.
``(h) Definitions.--In this section:
``(1) Aviation service.--The term `aviation service' means
participation in aerial flight performed, under regulations
prescribed by the Secretary concerned, by an eligible
enlisted member remotely piloted aircraft pilot.
``(2) Operational flying duty.--The term `operational
flying duty' means flying performed under competent orders by
enlisted members of the regular or reserve components while
serving in assignments in which basic flying skills are
normally maintained in the performance of assigned duties as
determined by the Secretary concerned, and flying duty
performed by members in training that leads to designation as
a remotely piloted aircraft pilot by the Secretary concerned.
``(3) Proficiency flying duty.--The term `proficiency
flying duty' means flying performed under competent orders by
enlisted members of the regular or reserve components while
serving in assignments in which such skills would normally
not be maintained in the performance of assigned duties.
``(i) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2018.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 334 the following new
item:
``334a. Special aviation incentive pay and bonus authorities: enlisted
members who pilot remotely piloted aircraft.''.
SEC. 618. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO
2008 CONSOLIDATION OF SPECIAL PAY AUTHORITIES.
(a) Repayment Provisions.--
(1) Title 10.--The following provisions of title 10, United
States Code, are each amended by inserting ``or 373'' before
``of title 37'':
(A) Section 510(i).
(B) Subsections (a)(3) and (c) of section 2005.
(C) Paragraphs (1) and (2) of section 2007(e).
(D) Section 2105.
(E) Section 2123(e)(1)(C).
(F) Section 2128(c).
(G) Section 2130a(d).
(H) Section 2171(g).
(I) Section 2173(g)(2).
(J) Paragraphs (1) and (2) of section 2200a(e).
(K) Section 4348(f).
(L) Section 6959(f).
(M) Section 9348(f).
(N) Subsections (a)(2) and (b) of section 16135.
(O) Section 16203(a)(1)(B).
(P) Section 16301(h).
(Q) Section 16303(d).
(R) Paragraphs (1) and (2) of section 16401(f).
(2) Title 14.--Section 182(g) of title 14, United States
Code, is amended by inserting ``or 373'' before ``of title
37''.
(b) Officers Appointed Pursuant to an Agreement Under
Section 329 of Title 37.--Section 641 of title 10, United
States Code, is amended by striking paragraph (6).
(c) Reenlistment Leave.--The matter preceding paragraph (1)
of section 703(b) of title 10, United States Code, is amended
by inserting ``or paragraph (1) or (3) of section 351(a)''
after ``section 310(a)(2)''.
(d) Rest and Recuperation Absence for Qualified Members
Extending Duty at Designated Location Overseas.--The matter
following paragraph (4) of section 705(a) of title 10, United
States Code, is amended by inserting ``or 352'' after
``section 314''.
(e) Rest and Recuperation Absence for Certain Members
Undergoing Extended Deployment to Combat Zone.--Section
705a(b)(1)(B) of title 10, United States Code, is amended by
inserting ``or 352(a)'' after ``section 305''.
(f) Additional Incentives for Health Professionals of the
Indian Health Service.--Section 116(a) of the Indian Health
Care Improvement Act (25 U.S.C. 1616i(a)) is amended by
inserting ``or 335(b)'' after ``section 302(b)''.
(g) Military Pay and Allowances Continuance While in a
Missing Status.--Section 552(a)(2) of title 37, United States
Code, is amended by inserting ``or section 351(a)(2)'' after
``section 301''.
(h) Military Pay and Allowances.--Section 907(d) of title
37, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``or 351'' after
``section 301'';
(B) in subparagraph (B), by inserting ``or 352'' after
``section 301c'';
(C) in subparagraph (C), by inserting ``or 353(a)'' after
``section 304'';
(D) in subparagraph (D), by inserting ``or 352'' after
``section 305'';
(E) in subparagraph (E), by inserting ``or 352'' after
``section 305a'';
(F) in subparagraph (F), by inserting ``or 352'' after
``section 305b'';
(G) in subparagraph (G), by inserting ``or 352'' after
``section 307a'';
(H) in subparagraph (I), by inserting ``or 352'' after
``section 314'';
(I) in subparagraph (J), by striking ``316'' and inserting
``353(b)''; and
(J) in subparagraph (K), by striking ``323'' and inserting
``section 355''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``or 352'' after
``section 307'';
(B) in subparagraph (B), by striking ``308'' and inserting
``331'';
(C) in subparagraph (C), by striking ``309'' and inserting
``331''; and
(D) in subparagraph (D), by inserting ``or 353'' after
``section 320''.
(i) Pay and Allowances of Officers of the Public Health
Service.--Section 208(a)(2) of the Public Health Service Act
(42 U.S.C. 210(a)(2)) is amended by inserting ``or 373''
after ``303a(b)''.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
PART I--AMENDMENTS IN CONNECTION WITH RETIRED PAY REFORM
SEC. 631. ADJUSTMENTS TO SURVIVOR BENEFIT PLAN FOR MEMBERS
ELECTING LUMP SUM PAYMENTS OF RETIRED PAY UNDER
THE MODERNIZED RETIREMENT SYSTEM FOR MEMBERS OF
THE UNIFORMED SERVICES.
(a) Definition of Base Amount.--Section 1447(6)(A) of title
10, United States Code, is amended in the matter preceding
clause (i) by inserting ``or 1415(b)(1)(B)'' after ``section
1409(b)(2)''.
(b) Coordination With Reductions in Retired Pay.--Section
1452 of such title is amended--
(1) in subsection (a)(1), by inserting ``, other than
retired pay received as a lump sum under section
1415(b)(1)(A) of this title,'' in the matter preceding
subparagraph (A) after ``, the retired pay'';
(2) in subsection (b)(1), by inserting ``, other than
retired pay received as a lump sum under section
1415(b)(1)(A) of this title,'' after ``The retired pay''; and
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``, other than retired
pay received as a lump sum under section 1415(b)(1)(A) of
this title,'' after ``The retired pay''; and
(B) in paragraph (4), by inserting ``or 1415(b)(1)(B)''
after ``section 1409(b)(2)''.
SEC. 632. TECHNICAL CORRECTION REGARDING ELECTION TO
PARTICIPATE IN MODERNIZED RETIREMENT SYSTEM FOR
RESERVE COMPONENT MEMBERS EXPERIENCING A BREAK
IN SERVICE.
(a) Persons Experiencing a Break in Service.--Section
12739(f)(2)(B)(iii) of title 10, United States Code, is
amended by striking ``on the date of the reentry'' and
inserting ``within 30 days after the date of the reentry''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2018, immediately after the
coming into effect of the amendment made by section 631(b) of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 843), to which the amendment
made by subsection (a) relates.
SEC. 633. PROMOTION OF FINANCIAL LITERACY CONCERNING
RETIREMENT AMONG MEMBERS OF THE ARMED FORCES.
(a) Programs for Promotion Required.--The Secretary of
Defense shall develop programs of financial literacy for
members of the Armed Forces to assist members in better
understanding retirement options and planning for retirement.
(b) Information on Comparative Value of Lump Sum and
Monthly Payments of Retired Pay With Conventional Retired
Pay.--
[[Page S5922]]
The Secretary of Defense shall develop information to be
provided to members of the Armed Forces who are eligible to
make the election provided for in subsection (b)(1) of
section 1415 of title 10, United States Code, to assist such
members in making an informed comparison for purposes of the
election between the following:
(1) The value of the lump sum payment of retired pay and
monthly payments provided for in such subsection (b)(1) by
reason of the election, including the manner in which the
lump sum and such monthly payments are determined for any
particular member.
(2) The value of retired pay payable under subsection (d)
of such section in the absence of the election, including the
manner in which such retired pay is determined for any
particular member.
PART II--OTHER MATTERS
SEC. 636. AUTHORITY FOR THE SECRETARIES OF THE MILITARY
DEPARTMENTS TO PROVIDE FOR CARE OF REMAINS OF
THOSE WHO DIE ON ACTIVE DUTY AND ARE INTERRED
IN A FOREIGN CEMETERY.
Section 1482(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(10) In the case of a decedent under the jurisdiction of
a Secretary of a military department at the time of death,
enduring care of remains interred in a foreign cemetery if
the burial location was designated by such Secretary.''.
SEC. 637. TECHNICAL CORRECTIONS TO USE OF MEMBER'S CURRENT
PAY GRADE AND YEARS OF SERVICE IN A DIVISION OF
PROPERTY INVOLVING DISPOSABLE RETIRED PAY.
(a) In General.--Section 1408 of title 10, United States
Code, is amended--
(1) in subsection (a)(4)--
(A) in the matter preceding clause (i) of subparagraph (A),
by striking ``(as determined pursuant to subparagraph (B)'';
and
(B) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B) For purposes of subparagraph (A), in the case of a
division of property as part of a final decree of divorce,
dissolution, annulment, or legal separation that becomes
final prior to the date of a member's retirement, the total
monthly retired pay to which the member is entitled shall
be--
``(i) in the case of a member not described in clause (ii),
the amount of retired pay to which the member would have been
entitled using the member's retired pay base and years of
service on the date of the decree of divorce, dissolution,
annulment, or legal separation, as computed under section
1406 or 1407 of this title, whichever is applicable,
increased by the sum of the cost-of-living adjustments that--
``(I) would have occurred under section 1401a(b) of this
title between the date of the decree of divorce, dissolution,
annulment, or legal separation and the time of the member's
retirement using the adjustment provisions under section
1401a of this title applicable to the member upon retirement;
and
``(II) occur under 1401a of this title after the member's
retirement; or
``(ii) in the case of a member who becomes entitled to
retired pay pursuant to chapter 1223 of this title, the
amount of retired pay to which the member would have been
entitled using the member's retired pay base and creditable
service points on the date of the decree of divorce,
dissolution, annulment, or legal separation, as computer
under chapter 1223 of this title, increased by the sum of the
cost-of-living adjustments as described in clause (i) that
apply with respect to the member.''; and
(2) in subsection (d), by adding at the end the following
new paragraph:
``(8) A division of property award computed as a percentage
of a member's disposable retired pay shall be increased by
the same percentage as any cost-of-living adjustment made
under section 1401a after the member's retirement.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on December 23, 2016, as if enacted
immediately following the enactment of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
to which such amendments relate.
(c) Applicability.--The amendments made by subsection (a)
shall apply with respect to any division of property as part
of a final decree of divorce, dissolution, annulment, or
legal separation involving a member of the Armed Forces to
which section 1408 of title 10, United States Code, applies
that becomes final after December 23, 2016.
SEC. 638. PERMANENT EXTENSION AND COST-OF-LIVING ADJUSTMENTS
OF SPECIAL SURVIVOR INDEMNITY ALLOWANCES UNDER
THE SURVIVOR BENEFIT PLAN.
Section 1450(m) of title 10, United States Code, is
amended--
(1) in paragraph (2)--
(A) in subparagraph (H), by striking ``and'' at the end;
and
(B) by striking subparagraph (I) and inserting the
following new subparagraphs:
``(I) for months from October 2016 through December 2018,
$310; and
``(J) for months during any calendar year after 2018, the
amount determined in accordance with paragraph (6).''; and
(2) by striking paragraph (6) and inserting the following
new paragraph (6):
``(6) Cost-of-living adjustments after 2018.--
``(A) In general.--The amount of the allowance payable
under paragraph (1) for months during any calendar year
beginning after 2018 shall be--
``(i) the amount payable pursuant to paragraph (2) for
months during the preceding calendar year, plus
``(ii) an amount equal to the percentage of the amount
determined pursuant to clause (i) which percentage is equal
to the percentage increase in retired pay of members and
former members of the armed forces for such calendar year
under section 1401a of this title.
``(B) Public notice on amount of allowance payable.--The
Secretary of Defense shall publish in the Federal Register
each year the amount of the allowance payable under paragraph
(1) for months in such year by reason of the operation of
this paragraph.''.
Subtitle D--Other Matters
SEC. 651. CONSTRUCTION OF DOMESTIC SOURCE REQUIREMENT FOR
FOOTWEAR FURNISHED TO ENLISTED MEMBERS OF THE
ARMED FORCES ON INITIAL ENTRY INTO THE ARMED
FORCES.
Section 418(d) of title 37, United States Code, is amended
by adding at the end the following new paragraphs:
``(4) This subsection does not apply to the furnishing of
athletic footwear to the members of the Army, the Navy, the
Air Force, or the Marine Corps upon their initial entry into
the armed forces, or prohibit the provision of a cash
allowance to such members for such purpose, if the Secretary
of Defense determines that compliance with paragraph (2)
would result in a sole source contract for procurement of
athletic footwear for the purpose stated in paragraph (1)
because there would be only a sole certified of supply for
such footwear.
``(5) The Secretary of Defense shall ensure that all
procurements of athletic footwear to which this subsection
applies are made using firm fixed price contracts.''.
SEC. 652. INCLUSION OF DEPARTMENT OF AGRICULTURE IN
TRANSITION ASSISTANCE PROGRAM.
(a) In General.--Subsection (a) of section 1144 of title
10, United States Code, is amended by striking ``and the
Secretary of Veterans Affairs'' each place it appears in
paragraphs (1) and (2) and inserting ``the Secretary of
Veterans Affairs, and the Secretary of Agriculture''.
(b) Inclusion in Elements of Program.--Subsection (b) of
such section is amended by adding at the end the following
new paragraph:
``(12) Provide information regarding the availability to
such members of the following through the Department of
Agriculture:
``(A) Grants, loans, and other assistance to enter
production agriculture or engage in rural entrepreneurship.
``(B) Identification of and assistance in obtaining
employment within the agricultural sector that aligns with
military occupational specialties or military certifications,
including employment with the Department.
``(C) Training and apprenticeships for employment in rural
communities and in the agricultural and food sectors.''.
SEC. 653. REVIEW AND UPDATE OF REGULATIONS GOVERNING DEBT
COLLECTORS INTERACTIONS WITH UNIT COMMANDERS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall review and update
Department of Defense Instruction 1344.09 and any associated
regulations to ensure that such regulations comply with
Federal consumer protection laws with respect to the
collection of debt.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. TRICARE ADVANTAGE DEMONSTRATION PROGRAM.
(a) Establishment.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall, in
consultation with the Secretary of Health and Human Services,
establish a demonstration program to enable applicable
eligible individuals to enroll in Medicare Advantage plans.
(2) Duration.--The demonstration program established under
paragraph (1) shall be carried out for a period of not less
than five years.
(b) Plans.--
(1) Selection.--The Secretary shall competitively select
one or more Medicare Advantage plans for which the Secretary
of Health and Human Services has waived or modified
requirements under section 1857(i) of the Social Security Act
(42 U.S.C. 1395w-27(i)) in market areas of the TRICARE
program with large concentrations of beneficiaries eligible
for TRICARE for Life (as determined by the Secretary) to
participate in the demonstration program through the use of
risk-bearing, capitated contracts with Medicare Advantage
organizations.
(2) Requirements.--Each Medicare Advantage plan selected
under paragraph (1) shall meet the following requirements:
(A) The plan is an MA-PD plan (as defined in section 1860D-
1(a)(3)(C) of the Social Security Act (42 U.S.C. 1395w-
101(a)(3)(C))).
(B) The plan has a minimum quality star rating of four or
higher under section 1853(o)(4) of such Act (42 U.S.C. 1395w-
23(o)(4)).
(C) The plan and the Medicare Advantage organization
offering the plan meet such other criteria as the Secretary
determines appropriate for purposes of this section.
(3) Use of department facilities and services.--
(A) Military treatment facilities.--The Secretary may
include military treatment facilities as authorized providers
for applicable eligible individuals enrolled in a Medicare
Advantage plan participating in the demonstration program as
a service provided by the Department of Defense.
(B) Pharmacy benefits program.--The Secretary may include
coverage of pharmaceutical agents under the pharmacy benefits
program under section 1074g of title 10, United States Code,
as a coverage option for applicable eligible individuals
enrolled in a Medicare Advantage plan participating in the
demonstration program as a service provided by the Department
of Defense.
[[Page S5923]]
(c) Enrollment of Applicable Eligible Individuals.--Unless
an applicable eligible individual opts out, all applicable
eligible individuals located in an area participating in the
demonstration program shall be enrolled in a Medicare
Advantage plan selected under subsection (b)(1).
(d) Costs of Program.--The Secretary and the Secretary of
Health and Human Services shall jointly determine the
appropriate distribution of costs and potential savings to
the Department of Defense and the Department of Health and
Human Services that result from the demonstration program.
(e) Reports.--
(1) Report on implementation of program.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the implementation by the
Secretary of the demonstration program under this section.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) A description of each Medicare Advantage plan
participating in the demonstration program, disaggregated by
market area of the TRICARE program (as determined by the
Secretary).
(ii) A description of covered benefits, premium rates, and
copayments or cost sharing, if any, for each Medicare
Advantage plan participating in the demonstration program in
each such area.
(iii) The number of applicable eligible individuals
eligible to enroll and the number of applicable eligible
individuals projected to enroll in each Medicare Advantage
plan participating in the demonstration program in each such
area.
(iv) An assessment of projected average annual out-of-
pocket costs, if any, for applicable eligible individuals
enrolled in each Medicare Advantage plan participating in the
demonstration program.
(v) A description of outcome metrics developed to measure
quality of care, improved health outcomes, better access to
care, and enhanced beneficiary experience under the
demonstration program.
(2) Final report.--Not later than four years 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 providing a comprehensive
assessment of the demonstration program under this section.
(f) Definitions.--In this section:
(1) Applicable eligible individual.--The term ``applicable
eligible individual'' means an eligible individual (as
defined in paragraph (2)) who is a Medicare Advantage
eligible individual (as defined in section 1851(a)(3) of the
Social Security Act (42 U.S.C. 1395w-21(a)(3))).
(2) Eligible individual.--The term ``eligible individual''
means an individual eligible for health benefits under
section 1086(d) of title 10, United States Code.
(3) Medicare advantage organization.--The term ``Medicare
Advantage organization'' has the meaning given that term in
section 1859 of the Social Security Act (42 U.S.C. 1395w-28).
(4) Medicare advantage plan.--The term ``Medicare Advantage
plan'' means a health plan under part C of title XVIII of the
Social Security Act (42 U.S.C. 1395w-21 et seq.).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(6) TRICARE program; tricare for life.--The terms ``TRICARE
program'' and ``TRICARE for Life'' have the meanings given
those terms in section 1072 of title 10, United States Code.
(g) Regulations.--
(1) In general.--In order to implement expeditiously the
demonstration program under this section, the Secretary may
prescribe such changes to the regulations implementing the
TRICARE program as the Secretary considers appropriate.
(2) Rulemaking.--The Secretary shall implement any changes
prescribed under paragraph (1)--
(A) by prescribing an interim final rule; and
(B) not later than 180 days after prescribing such interim
final rule and considering public comments with respect to
such interim final rule, by prescribing a final rule.
(h) Waiver Authority.--The Secretary of Health and Human
Services may waive such requirements of titles XI and XVIII
of the Social Security Act (42 U.S.C. 1301 et seq.; 1395 et
seq.) as may be necessary for purposes of carrying out this
section.
SEC. 702. CONTINUED ACCESS TO MEDICAL CARE AT FACILITIES OF
THE UNIFORMED SERVICES FOR CERTAIN MEMBERS OF
THE RESERVE COMPONENTS.
(a) TRICARE Reserve Select.--Paragraph (2) of section
1076d(f) of title 10, United States Code, is amended to read
as follows:
``(2) The term `TRICARE Reserve Select' means--
``(A) medical care at facilities of the uniformed services
to which a dependent described in section 1076(a)(2) of this
title is entitled; and
``(B) health benefits under the TRICARE Select self-
managed, preferred provider network option under section 1075
of this title made available to beneficiaries by reason of
this section and subject to the cost-sharing requirements set
forth in such section 1075.''.
(b) TRICARE Retired Reserve.--Section 1076e is amended--
(1) In subsection (b), in the subsection heading, by
striking ``Retired Reserve'';
(2) In subsection (c), by striking ``Retired Reserve'' the
last place it appears; and
(3) in subsection (f), by striking paragraph (2) and
inserting the following:
``(2) The term `TRICARE Retired Reserve' means--
``(A) medical care at facilities of the uniformed services
to which a dependent described in section 1076(a)(2) of this
title is entitled; and
``(B) health benefits under the TRICARE Select self-
managed, preferred provider network option under section 1075
of this title made available to beneficiaries by reason of
this section and subject to the cost-sharing requirements set
forth in such section 1075.''.
SEC. 703. MODIFICATION OF ELIGIBILITY FOR TRICARE RESERVE
SELECT AND TRICARE RETIRED RESERVE OF CERTAIN
MEMBERS OF THE RESERVE COMPONENTS.
(a) TRICARE Reserve Select.--Section 1076d(a) of title 10,
United States Code, is amended--
(1) in paragraph (1), by striking ``(1) Except as provided
in paragraph (2), a member'' and inserting ``A member''; and
(2) by striking paragraph (2).
(b) TRICARE Retired Reserve.--Section 1076e(a) of title 10,
United States Code, is amended--
(1) in paragraph (1), by striking ``(1) Except as provided
in paragraph (2), a member'' and inserting ``A member''; and
(2) by striking paragraph (2).
SEC. 704. EXPEDITED EVALUATION AND TREATMENT FOR PRENATAL
SURGERY UNDER THE TRICARE PROGRAM.
(a) In General.--The Secretary of Defense shall implement
processes and procedures to ensure that a covered beneficiary
under the TRICARE program whose pregnancy is complicated with
a fetal condition or suspected of being complicated with a
fetal condition receives, in an expedited manner and at the
discretion of the covered beneficiary, evaluation, non-
directive counseling, and treatment from a perinatal or
pediatric specialist capable of providing surgical management
and intervention in utero.
(b) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meanings given
those terms in section 1072 of title 10, United States Code.
SEC. 705. SPECIFICATION THAT INDIVIDUALS UNDER THE AGE OF 21
ARE ELIGIBLE FOR HOSPICE CARE SERVICES UNDER
THE TRICARE PROGRAM.
Section 1079(a)(15) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``, except that hospice care may be provided to
individuals under the age of 21''.
SEC. 706. MODIFICATIONS OF COST-SHARING REQUIREMENTS FOR THE
TRICARE PHARMACY BENEFITS PROGRAM AND TREATMENT
OF CERTAIN PHARMACEUTICAL AGENTS.
(a) In General.--Paragraph (6) of section 1074g(a) of title
10, United States Code, is amended to read as follows:
``(6)(A) In the case of any of the years 2018 through 2026,
the cost-sharing amounts under this subsection for eligible
covered beneficiaries shall be determined in accordance with
the following table:
------------------------------------------------------------------------
The cost-
The cost- sharing The cost-
sharing The cost- amount The cost- sharing
amount sharing for a 90- sharing amount for
for a 30- amount for day amount for a 90-day
``For: day a 30-day supply of a 90-day supply of a
supply of supply of a a mail supply of a mail order
a retail retail order mail order non-
generic formulary generic formulary formulary
is: is: is: is: is:
------------------------------------------------------------------------
2018 $10 $28 $10 $28 $54
------------------------------------------------------------------------
2019 $10 $30 $10 $30 $58
------------------------------------------------------------------------
2020 $10 $32 $10 $32 $62
------------------------------------------------------------------------
2021 $11 $34 $11 $34 $66
------------------------------------------------------------------------
2022 $11 $36 $11 $36 $70
------------------------------------------------------------------------
2023 $11 $38 $11 $38 $75
------------------------------------------------------------------------
2024 $12 $40 $12 $40 $80
------------------------------------------------------------------------
[[Page S5924]]
2025 $13 $42 $13 $42 $85
------------------------------------------------------------------------
2026 $14 $45 $14 $45 $90
------------------------------------------------------------------------
``(B) For any year after 2026, the cost-sharing amounts
under this subsection for eligible covered beneficiaries
shall be equal to the cost-sharing amounts for the previous
year adjusted by an amount, if any, determined by the
Secretary to reflect changes in the costs of pharmaceutical
agents and prescription dispensing, rounded to the nearest
dollar.
``(C) Notwithstanding subparagraphs (A) and (B), the cost-
sharing amounts under this subsection for a dependent of a
member of the uniformed services who dies while on active
duty, a member retired under chapter 61 of this title, or a
dependent of a member retired under such chapter shall be
equal to the cost-sharing amounts, if any, for 2017.''.
(b) Treatment of Certain Pharmaceutical Agents.--
(1) Pharmacy benefits program.--Such section is amended by
adding at the end the following new paragraph:
``(10) Notwithstanding paragraphs (2), (5), and (6), in
order to encourage the use by covered beneficiaries of
pharmaceutical agents that provide the greatest value to
covered beneficiaries and the Department of Defense (as
determined by the Secretary, including considerations of
better care, healthier people, and smarter spending), the
Secretary may, upon the recommendation of the Pharmacy and
Therapeutics Committee established under subsection (b) and
review by the Uniform Formulary Beneficiary Advisory Panel
established under subsection (c)--
``(A) exclude from the pharmacy benefits program any
pharmaceutical agent that the Secretary determines provides
very little or no value to covered beneficiaries and the
Department under the program; and
``(B) give preferential status to any non-generic
pharmaceutical agent on the uniform formulary by treating it,
for purposes of cost-sharing under paragraph (6), as a
generic product under the TRICARE retail pharmacy program and
mail order pharmacy program.''.
(2) Medical contracts.--Section 1079 of such title is
amended by adding at the end the following new subsection:
``(q) In the case of any pharmaceutical agent (as defined
in section 1074g(g) of this title) provided under a contract
entered into under this section by a physician, in an
outpatient department of a hospital, or otherwise as part of
any medical services provided under such a contract, the
Secretary of Defense may, under regulations prescribed by the
Secretary, adopt special reimbursement methods, amounts, and
procedures to encourage the use of high-value products and
discourage the use of low-value products, as determined by
the Secretary.''.
(3) Regulations.--In order to implement expeditiously the
reforms authorized by the amendments made by paragraphs (1)
and (2), the Secretary of Defense may prescribe such changes
to the regulations implementing the TRICARE program (as
defined in section 1072 of title 10, United States Code) as
the Secretary considers appropriate--
(A) by prescribing an interim final rule; and
(B) not later than one year after prescribing such interim
final rule and considering public comments with respect to
such interim final rule, by prescribing a final rule.
SEC. 707. CONSOLIDATION OF COST-SHARING REQUIREMENTS UNDER
TRICARE SELECT AND TRICARE PRIME.
(a) TRICARE Select.--
(1) In general.--Section 1075 of title 10, United States
Code, is amended--
(A) in subsection (c), by striking paragraphs (1) and (2)
and inserting the following new paragraphs:
``(1) With respect to beneficiaries in the active-duty
family member category or the retired category other than
beneficiaries described in paragraph (2)(B), the cost-sharing
requirements shall be calculated pursuant to subsection
(d)(1).
``(2)(A) With respect to beneficiaries described in
subparagraph (B) in the active-duty family member category or
the retired category, the cost-sharing requirements shall be
calculated as if the beneficiary were enrolled in TRICARE
Extra or TRICARE Standard as if TRICARE Extra or TRICARE
Standard, as the case may be, were still being carried out by
the Secretary.
``(B) Beneficiaries described in this subparagraph are the
following beneficiaries:
``(i) Retired members and the family members of such
retired members covered by section 1086(c)(1) of this title
by reason of being retired under chapter 61 of this title or
being a dependent of such a retired member.
``(ii) Survivors covered by section 1086(c)(2) of this
title.'';
(B) by striking subsection (e); and
(C) by redesignating subsections (f), (g), and (h) as
subsections (e), (f), and (g), respectively.
(2) Conforming amendment.--Subsection (d)(2) of such
section is amended by striking ``, and the amounts specified
under paragraphs (1) and (2) of subsection (e),''.
(b) TRICARE Prime.--Section 1075a(a) of title 10, United
States Code, is amended--
(1) by striking paragraph (2) and inserting the following
new paragraph:
``(2) With respect to beneficiaries in the active-duty
family member category or the retired category (as described
in section 1075(b)(1) of this title) other than beneficiaries
described in paragraph (3)(B), the cost-sharing requirements
shall be calculated pursuant to subsection (b)(1).''; and
(2) in paragraph (3), by striking subparagraph (B) and
inserting the following new subparagraph:
``(B) Beneficiaries described in this subparagraph are the
following beneficiaries:
``(i) Retired members and the family members of such
retired members covered by section 1086(c)(1) of this title
by reason of being retired under chapter 61 of this title or
being a dependent of such a retired member.
``(ii) Survivors covered by section 1086(c)(2) of this
title.''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2018.
SEC. 708. TRICARE TECHNICAL AMENDMENTS.
(a) Definition of TRICARE Standard.--Paragraph (15) of
section 1072 of title 10, United States Code, is amended to
read as follows:
``(15) The term `TRICARE Standard' means the TRICARE
program made available prior to January 1, 2018, covering
health benefits contracted for under the authority of section
1079(a) or 1086(a) of this title and subject to the same
rates and conditions as apply to persons covered under those
sections.''.
(b) Cost-sharing Amounts.--
(1) TRICARE select.--
(A) Allowance of cost-sharing amounts as determined by the
secretary.--Subsection (d) of section 1075 of such title is
amended by adding at the end the following new paragraph:
``(4) The cost-sharing requirements applicable to services
not specifically addressed in the table set forth in
paragraph (1) shall be established by the Secretary.''.
(B) Modification of reference to ambulance civilian
network.--Paragraph (1) of such subsection is amended, in the
first column of the table, by striking ``Ambulance civilian
network'' and inserting ``Ground ambulance civilian
network''.
(2) TRICARE prime.--
(A) Allowance of cost-sharing amounts as determined by the
secretary.--Subsection (b) of section 1075a of such title is
amended by adding at the end the following new paragraph:
``(4) The cost-sharing requirements applicable to services
not specifically addressed in the table set forth in
paragraph (1) shall be established by the Secretary.''.
(B) Modification of reference to ambulance civilian
network.--Paragraph (1) of such section is amended, in the
first column of the table, by striking ``Ambulance civilian
network'' and inserting ``Ground ambulance civilian
network''.
(c) Medical Care for Dependents.--
(1) Reference to medically necessary vitamins.--Paragraphs
(3) and (18) of section 1077(a) of such title are amended by
striking ``subsection (g)'' each place it appears and
inserting ``subsection (h)''.
(2) Eligibility of dependents to purchase hearing aids.--
Section 1077(g) of such title is amended by striking ``of
former members of the uniformed services'' and inserting
``eligible for care under this section''.
(d) Modification of Reference to Fiscal Year.--
(1) Contracts for medical care for spouses and children.--
Section 1079(b) such title is amended by striking ``fiscal
year'' each place it appears and inserting ``calendar year''.
(2) Contracts for health benefits for certain members,
former members, and their dependents.--Section 1086(b) of
such title is amended by striking ``fiscal year'' each place
it appears and inserting ``calendar year''.
(e) Referrals and Preauthorizations for TRICARE Prime.--
(1) Preauthorization for care at residential treatment
centers.--Section 1095f(b) of such title is amended by adding
at the end the following new paragraph:
``(4) Inpatient care at a residential treatment center.''.
(2) Reference.--Section 1075a(c) of such title is amended
by striking ``section 1075f(a)'' and inserting ``section
1095f(a)''.
(f) Applicability of Premium for Dependent Coverage.--
Section 1110b(c)(1) of such title is amended by striking
``section 1075 of this section'' and inserting ``section 1075
or 1075a of this title, as appropriate''.
SEC. 709. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE
PROGRAM.
(a) In General.--Section 1074d of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in the subsection heading, by inserting ``for Members
and Former Members'' after ``Services Available''; and
(B) in paragraph (1), by striking ``subsection (b)'' and
inserting ``subsection (d)'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Care Related to Prevention of Pregnancy.--Female
covered beneficiaries shall be entitled to care related to
the prevention of pregnancy described in subsection (d)(3).
[[Page S5925]]
``(c) Prohibition on Cost-Sharing for Certain Services.--
Notwithstanding section 1074g(a)(6), section 1075, or section
1075a of this title or any other provision of law, cost-
sharing may not be imposed or collected for care related to
the prevention of pregnancy provided pursuant to subsection
(a) or (b), including for any method of contraception
provided, whether provided through a facility of the
uniformed services, the TRICARE retail pharmacy program, or
the national mail-order pharmacy program.''.
(b) Care Related to Prevention of Pregnancy.--Subsection
(d)(3) of such section, as redesignated by subsection (a)(2),
is further amended by inserting before the period at the end
the following: ``(including all methods of contraception
approved by the Food and Drug Administration, contraceptive
care (including with respect to insertion, removal, and
follow up), sterilization procedures, and patient education
and counseling in connection therewith)''.
(c) Conforming Amendment.--Section 1077(a)(13) of such
title is amended by striking ``section 1074d(b)'' and
inserting ``section 1074d(d)''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2018.
Subtitle B--Health Care Administration
SEC. 721. MODIFICATION OF PRIORITY FOR EVALUATION AND
TREATMENT OF INDIVIDUALS AT MILITARY TREATMENT
FACILITIES.
Subsection (b) of section 717 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
is amended to read as follows:
``(b) Priority of Covered Beneficiaries.--
``(1) In general.--Except as provided in paragraph (2), the
evaluation and treatment of covered beneficiaries at military
treatment facilities shall be prioritized ahead of the
evaluation and treatment of veterans and civilians at such
facilities under subsection (a).
``(2) Waiver.--The Secretary may waive the requirement
under paragraph (1) in order to provide timely evaluation and
treatment for individuals who are--
``(A) severely wounded or injured by acts of terror that
occur in the United States; or
``(B) residents of the United States who are severely
wounded or injured by acts of terror outside the United
States.''.
SEC. 722. SELECTION OF DIRECTORS OF MILITARY TREATMENT
FACILITIES AND TOURS OF DUTY OF SUCH DIRECTORS.
(a) In General.--Not later than January 1, 2019, the
Secretary of Defense shall do the following:
(1) Develop the common qualifications and core competencies
required of military and civilian individuals for selection
as directors of military treatment facilities.
(2) Establish a minimum length for the tour of duty of a
member of the Armed Forces serving as a director of a
military treatment facility.
(b) Qualifications and Competencies.--
(1) Standards.--In developing common qualifications and
core competencies under subsection (a)(1), the Secretary
shall include standards with respect to the following:
(A) Professional competence.
(B) Moral and ethical integrity and character.
(C) Formal education in healthcare executive leadership and
healthcare management.
(D) Such other matters as the Secretary considers
appropriate.
(2) Objective.--The objective of the Secretary in
developing such qualifications and competencies shall be to
ensure that the individuals selected as directors of military
treatment facilities are highly qualified to serve as health
system executives in a medical treatment facility of the
Armed Forces.
(c) Tours of Duty.--
(1) In general.--Except as provided in paragraph (2), in
the case of a director of a military treatment facility who
is a member of the Armed Forces, the length of the tour of
duty of any such director assigned to such position after
January 1, 2019, may not be shorter than the longer of--
(A) the length established pursuant to subsection (a)(2);
or
(B) three years.
(2) Waiver.--The Secretary may authorize a tour of duty of
a member of the Armed Forces serving as a director of a
military treatment facility of a shorter length than is
otherwise provided for in paragraph (1) if the Secretary
determines, in the discretion of the Secretary, that there is
good cause for a tour of duty in such position of shorter
length. Any such determination shall be made on a case-by-
case basis.
SEC. 723. CLARIFICATION OF ADMINISTRATION OF MILITARY MEDICAL
TREATMENT FACILITIES.
Section 1073c(a) of title 10, United States Code, is
amended--
(1) in paragraph (1)(E), by striking ``miliary'' and
inserting ``military'';
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``commander of each military medical
treatment facility'' and inserting ``military or civilian
director of each military medical treatment facility, under
the authority, direction, and control of the Director of the
Defense Health Agency,''; and
(3) by adding at the end the following new paragraph:
``(4) If the Secretary of Defense determines it
appropriate, a military director (or any other senior
military officer or officers) of a military medical treatment
facility may be a commanding officer for purposes of chapter
47 of this title (the Uniform Code of Military Justice) with
respect to military personnel assigned to the military
medical treatment facility.''.
SEC. 724. MODIFICATION OF EXECUTION OF TRICARE CONTRACTING
RESPONSIBILITIES.
Subsection (b) of section 705 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
is amended to read as follows:
``(b) Execution of Contracting Responsibility.--With
respect to any acquisition of managed care support services
under the TRICARE program initiated after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2018, the Under Secretary of Defense for
Acquisition and Sustainment shall serve as the authority for
decisions relating to such acquisition and shall be
responsible for approving the acquisition strategy and
conducting pre-solicitation, pre-award, and post-award
acquisition reviews.''.
SEC. 725. PILOT PROGRAM ON ESTABLISHMENT OF INTEGRATED HEALTH
CARE DELIVERY SYSTEMS.
(a) In General.--Beginning not later than one year after
the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of Veterans
Affairs and the Secretary of Health and Human Services, shall
carry out a pilot program to establish integrated health care
delivery systems among the military health system, other
Federal health systems, and private sector integrated health
systems.
(b) Duration of Pilot Program.--The Secretary of Defense
shall carry out the pilot program for a period of not less
than five years.
(c) Implementation of Pilot Program.--
(1) Establishment of task force.--The Secretary shall
establish a multi-disciplinary task force of Federal and
private sector health care experts (in this section referred
to as the ``Task Force'') to develop a plan to implement the
pilot program.
(2) Membership of task force.--
(A) In general.--The Task Force shall be composed of senior
health care representatives from--
(i) the Department of Defense;
(ii) the Department of Veterans Affairs;
(iii) the Centers for Medicare & Medicaid Services;
(iv) high-performance, integrated health systems in the
private sector; and
(v) health information technology organizations in the
private sector.
(B) Additional members.--The Secretary may appoint
additional members of the Task Force from the private sector
as the Secretary considers appropriate.
(3) Submittal of plan.--Not later than 180 days after the
date of the enactment of this Act, the Task Force shall
submit to the Secretary an implementation plan for the pilot
program.
(4) Nonapplicability of federal advisory committee act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Task Force.
(d) Elements.--The pilot program shall be developed and
carried out as follows:
(1) To create high-value integrated health systems that--
(A) establish value-based models of reimbursement for
health care providers in integrated health care delivery
systems to promote medical innovation and create better
health value for patients;
(B) provide innovative health benefit design solutions to
promote effective, efficient, and affordable health care; and
(C) tailor case management and care coordination for high-
need, high-cost patients.
(2) To empower health care providers with real-time
advanced information technology solutions--
(A) to coordinate and manage health care services across
the continuum of care; and
(B) to leverage sophisticated data capture, cloud
computing, and data analytical tools to provide predictive
modeling capabilities for health care providers.
(3) To empower patients with transparent information on
health care costs, quality outcomes, and safety within health
care provider networks in high-value integrated health
systems.
(4) To provide incentives to patients and health care
providers to prevent overuse of low-value health care
services.
(e) Reports.--
(1) Report on implementation.--Not later than 270 days
after the date of the enactment of this Act, the Secretary
shall transmit to the Committees on Armed Services of the
Senate and the House of Representatives the implementation
plan submitted to the Secretary under subsection (c)(3).
(2) Final report.--
(A) In general.--Not later than four years after the date
that the pilot program begins, the Secretary shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report assessing the pilot program.
(B) Elements.--The report submitted under subparagraph (A)
shall provide the following:
(i) An analysis of the impact of the pilot program on
building sustainable integrated health care delivery systems
among the military health system, other Federal health
systems, and private sector integrated health systems.
(ii) A determination of the extent to which value-based
health care reimbursement models create value for patients
and the health systems participating in the pilot program.
(iii) A determination of the extent to which the use of
real-time advanced information technology solutions--
(I) improves coordination and management of health care
services across the continuum of care; and
(II) leverages sophisticated data capture, cloud computing,
and data analytical tools to provide comprehensive predictive
modeling capabilities for health care providers.
(iv) A determination of the extent to which transparency of
health care costs, health care quality outcomes, and patient
safety within
[[Page S5926]]
health care provider networks encourages patients to seek
care from health care providers who provide high-quality
health outcomes at lower cost.
(v) A determination of the extent to which patient and
provider incentives prevent overuse of low-value health
services.
(vi) A determination of the extent to which the pilot
program should be expanded and implemented on a permanent
basis.
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
amended by section 722 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291), section 723 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92), and section 741(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328),
is further amended by striking ``September 30, 2018'' and
inserting ``September 30, 2019''.
SEC. 732. ADDITIONAL EMERGENCY USES FOR MEDICAL PRODUCTS TO
REDUCE DEATHS AND SEVERITY OF INJURIES CAUSED
BY AGENTS OF WAR.
Section 1107a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(d) Additional Authority to Reduce Deaths and Severity of
Injuries Caused by Agents of War.--(1) In a case in which an
emergency use of an unapproved product or an emergency
unapproved use of an approved product cannot be authorized
under section 564 of the Federal Food, Drug and Cosmetic Act
(21 U.S.C. 360bbb-3) because the emergency does not involve
an actual or threatened attack with a biological, chemical,
radiological, or nuclear agent or agents, the Secretary of
Defense may authorize an emergency use outside the United
States of the product to reduce the number of deaths or the
severity of harm to members of the armed forces (or
individuals associated with deployed members of the armed
forces) caused by a risk or agent of war.
``(2) Except as otherwise provided in this subsection, an
authorization by the Secretary under paragraph (1) shall have
the same effect with respect to the armed forces as an
emergency use authorization under section 564 of the Federal
Food, Drug and Cosmetic Act (21 U.S.C. 360bbb-3).
``(3) The Secretary may issue an authorization under
paragraph (1) with respect to the emergency use of an
unapproved product or the emergency unapproved use of an
approved product only if--
``(A) the committee established under paragraph (5) has
recommended that the Secretary issue the authorization; and
``(B) the Assistant Secretary of Defense for Health Affairs
makes a written determination, after consultation with the
Commissioner of Food and Drugs, that, based on the totality
of scientific evidence available to the Assistant Secretary,
criteria comparable to those specified in section 564(c) of
the Federal Food, Drug and Cosmetic Act (21 U.S.C. 360bbb-
3(c)) have been met.
``(4) With respect to the emergency use of an unapproved
product or the emergency unapproved use of an approved
product under this subsection, the Secretary of Defense shall
establish such scope, conditions, and terms under this
subsection as the Secretary considers appropriate, including
scope, conditions, and terms comparable to those specified in
section 564 of the Federal Food, Drug and Cosmetic Act (21
U.S.C. 360bbb-3).
``(5)(A) There is established in the Department of Defense
a Department of Defense Emergency Use Authorization Committee
(in this paragraph referred to as the `Committee') to advise
the Assistant Secretary of Defense for Health Affairs on
proposed authorizations under this subsection.
``(B) Members of the Committee shall be appointed by the
Secretary of Defense and shall consist of prominent health
care professionals who are not employees of the Department of
Defense (other than for purposes of serving as a member of
the Committee).
``(C) The Committee may be established as a subcommittee of
another Federal advisory committee.
``(6) In this subsection:
``(A) The term `biological product' has the meaning given
that term in section 351(i) of the Public Health Service Act
(42 U.S.C. 262(i)).
``(B) The terms `device' and `drug' have the meanings given
those terms in section 201 of the Federal Food, Drug and
Cosmetic Act (21 U.S.C. 321).
``(C) The term `product' means a drug, device, or
biological product.
``(D) The terms `unapproved product' and `unapproved use of
an approved product' have the meanings given those terms in
section 564(a)(4) of the Federal Food, Drug and Cosmetic Act
(21 U.S.C. 360bbb-3(a)(4)).''.
SEC. 733. PROHIBITION ON CONDUCT OF CERTAIN MEDICAL RESEARCH
AND DEVELOPMENT PROJECTS.
The Secretary of Defense and each Secretary of a military
department may not fund or conduct a medical research and
development project unless the Secretary funding or
conducting the project--
(1) submits to the Committees on Armed Services of the
Senate and the House of Representatives a written
certification that the project is designed to directly
protect, enhance, or restore the health and safety of members
of the Armed Forces; and
(2) does not initiate the funding or conduct of such
project until the date that is 90 days after the submittal of
such written certification.
SEC. 734. MODIFICATION OF DETERMINATION OF AVERAGE WAIT TIMES
AT URGENT CARE CLINICS AND PHARMACIES AT
MILITARY MEDICAL TREATMENT FACILITIES UNDER
PILOT PROGRAM.
(a) Urgent Care Clinics.--Subsection (c)(2) of section 744
of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328) is amended to read as follows:
``(2) Determination.--In carrying out paragraph (1), the
Secretary shall determine the average wait time to display
under such paragraph by using a formula derived from best
practices in the health care industry.''.
(b) Pharmacies.--Subsection (d)(2) of such section is
amended to read as follows:
``(2) Determination.--In carrying out paragraph (1), the
Secretary shall determine the average wait time to display
under such paragraph by using a formula derived from best
practices in the health care industry.''.
SEC. 735. REPORT ON PLAN TO IMPROVE PEDIATRIC CARE AND
RELATED SERVICES FOR CHILDREN OF MEMBERS OF THE
ARMED FORCES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth a plan of
the Department of Defense to improve pediatric care and
related services for children of members of the Armed Forces.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) In order to ensure that children receive
developmentally-appropriate and age-appropriate health care
services from the Department, a plan to align preventive
pediatric care under the TRICARE program with--
(A) standards for such care as required by the Patient
Protection and Affordable Care Act (Public Law 111-148);
(B) guidelines established for such care by the Early and
Periodic Screening, Diagnosis, and Treatment program under
the Medicaid program carried out under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.); and
(C) recommendations by organizations that specialize in
pediatrics.
(2) A plan to develop a uniform definition of ``pediatric
medical necessity'' for the Department that aligns with
recommendations of organizations that specialize in
pediatrics in order to ensure that a consistent definition of
such term is used in providing health care in military
treatment facilities and by health care providers under the
TRICARE program.
(3) A plan to revise certification requirements for
residential treatment centers of the Department to expand the
access of children of members of the Armed Forces to services
at such centers.
(4) A plan to develop measures to evaluate and improve
access to pediatric care, coordination of pediatric care, and
health outcomes for such children.
(5) A plan to include an assessment of access to pediatric
specialty care in the annual report to Congress on the
effectiveness of the TRICARE program.
(6) A plan to improve the quality of and access to
behavioral health care under the TRICARE program for children
of members of the Armed Forces, including intensive
outpatient and partial hospitalization services.
(7) A plan to mitigate the impact of permanent changes of
station and other service-related relocations of members of
the Armed Forces on the continuity of health care services
received by such children who have special medical or
behavioral health needs.
(8) A plan to mitigate deficiencies in data collection,
data utilization, and data analysis to improve pediatric care
and related services for children of members of the Armed
Forces.
(c) TRICARE Program Defined.--In this section, the term
``TRICARE program'' has the meaning given such term in
section 1072 of title 10, United States Code.
SEC. 736. INCLUSION OF GAMBLING DISORDER IN HEALTH
ASSESSMENTS AND RELATED RESEARCH EFFORTS OF THE
DEPARTMENT OF DEFENSE.
(a) Annual Periodic Health Assessment.--The Secretary of
Defense shall incorporate medical screening questions
specific to gambling disorder into the Annual Periodic Health
Assessment (DD Form 3024) conducted by the Department of
Defense for members of the Armed Forces.
(b) Research Efforts.--The Secretary shall incorporate into
ongoing research efforts of the Department questions on
gambling disorder, as appropriate, including by restoring
such questions into the Health Related Behaviors Survey of
Active Duty Military Personnel.
SEC. 737. FEASIBILITY STUDY ON CONDUCT OF PILOT PROGRAM ON
MENTAL HEALTH READINESS OF PART-TIME MEMBERS OF
THE RESERVE COMPONENTS OF THE ARMED FORCES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
conduct a feasibility study and cost estimate for a pilot
program that uses predictive analytics and screening to
identify mental health risk and provide early, targeted
intervention for part-time members of the reserve components
of the Armed Forces to improve readiness and mission success.
(b) Elements.--The feasibility study conducted under
subsection (a) shall include elements to assess the following
with respect to the pilot program studied under such
subsection:
(1) The anticipated improvement in quality of behavioral
health services for part-time members of the reserve
components of the Armed Forces and the impact of such
improvement in quality of behavioral health services on their
families and employers.
[[Page S5927]]
(2) The anticipated impact on the culture surrounding
behavioral health treatment and help-seeking behavior.
(3) The feasibility of embedding mental health
professionals with units that--
(A) perform core mission sets and capabilities; and
(B) carry out high-risk and high-demand missions.
(4) The particular preventative mental health needs of
units at different states of their operational readiness
cycle.
(5) The need for additional personnel of the Department of
Defense to implement the pilot program.
(6) The cost of implementing the pilot program throughout
the reserve components of the Armed Forces.
(7) The benefits of an integrated operational support team
for the Air National Guard and Army National Guard units.
(c) Comparison to Full-time Members of Reserve
Components.--As part of the feasibility study conducted under
subsection (a), the Secretary shall assess the mental health
risk of part-time members of the reserve components of the
Armed Forces as compared to full-time members of the reserve
components of the Armed Forces.
(d) Use of Existing Models.--In conducting the feasibility
study under subsection (a), the Secretary shall make use of
existing models for preventative mental health care, to the
extent practicable, such as the approach developed by the
United States Air Force School of Aerospace Medicine.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. REPEAL OF TEMPORARY SUSPENSION OF PUBLIC-PRIVATE
COMPETITIONS FOR CONVERSION OF DEPARTMENT OF
DEFENSE FUNCTIONS TO PERFORMANCE BY
CONTRACTORS.
Effective as of the date that is one year after the date of
the enactment of this Act, section 325 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2253) is repealed.
SEC. 802. TECHNICAL AND CONFORMING AMENDMENTS RELATED TO
PROGRAM MANAGEMENT PROVISIONS.
(a) Repeal of Duplicative Provision Related to Program and
Project Management.--Subsection (c) of section 503 of title
31, United States Code, as added by section 861(a)(1) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2298), is repealed.
(b) Repeal of Duplicative Provision Related to Program
Management Officers and Program Management Policy Council.--
Section 1126 of title 31, United States Code, as added by
section 861(b)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2299), is
repealed.
(c) Repeal of Obsolete Provisions.--Section 861 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2299) is amended--
(1) in subsection (a), by striking paragraphs (2) and (3);
(2) in subsection (b), by striking paragraph (2); and
(3) by striking subsections (c) and (d).
SEC. 803. SHOULD-COST MANAGEMENT.
(a) Requirement for Regulations.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall amend the Defense Supplement to the Federal
Acquisition Regulation to provide for the appropriate use of
the should-cost review process in a manner that is
transparent, objective, and provides for the efficiency of
the systems acquisition process in the Department of the
Defense.
(b) Required Elements.--The regulations required under
subsection (a) shall incorporate, at a minimum, the following
elements:
(1) A description of the features distinguishing a should-
cost review and the analysis of program direct and indirect
costs.
(2) Establishment of a process for communicating with the
contractor the elements of a proposed should-cost review.
(3) A method for ensuring that identified should-cost
savings opportunities are based on accurate, complete, and
current information and are associated with specific
engineering or business changes that can be quantified and
tracked.
(4) A description of the training, skills, and experience,
including cross functional experience, that Department of
Defense and contractor officials carrying out a should-cost
review in subsection (a) should possess.
(5) A method for ensuring appropriate collaboration with
the contractor throughout the review process.
(6) Establishment of review process requirements that
provide for sufficient analysis and minimize any impact on
program schedule.
(7) A requirement that any separate audit or review carried
out in connection with the should-cost review be provided to
the prime contractor under the program.
SEC. 804. CLARIFICATION OF PURPOSE OF DEFENSE ACQUISITION.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall amend the Defense
Federal Acquisition Regulation as appropriate to provide the
following:
(1) The Defense Acquisition System exists to manage the
nation's investments in technologies, programs, and product
support necessary to achieve the National Security Strategy
and support the United States Armed Forces.
(2) The investment strategy of the Department of Defense
shall be postured to support not only today's force, but also
the next force, and future forces beyond that.
(3) The primary objective of Defense acquisition is to
acquire quality products that satisfy user needs with
measurable improvements to mission capability and operational
support, in a timely manner, and at a fair and reasonable
price.
SEC. 805. DEFENSE POLICY ADVISORY COMMITTEE ON TECHNOLOGY.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
form a committee of senior executives from United States
firms in the national technology and industrial base to meet
with the Secretary, the Secretaries of the military
departments, and members of the Joint Chiefs of Staff to
exchange information, including, as appropriate, classified
information, on technology threats to the national security
of the United States and on the emerging technologies from
the national technology and industrial base that may become
available to counter such threats in a timely manner.
(b) Meetings.--The defense policy advisory committee on
technology formed pursuant to subsection (a) shall meet with
the Secretary and the other Department of Defense officials
specified in such subsection collectively at least once
annually in each of fiscal years 2018 through 2022. The
Secretary of Defense shall provide the congressional defense
committees annual briefings on the meetings.
(c) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the defense
policy advisory committee on technology established pursuant
to this section.
SEC. 806. REPORT ON EXTENSION OF DEVELOPMENT, ACQUISITION,
AND SUSTAINMENT AUTHORITIES OF THE MILITARY
DEPARTMENTS TO THE UNITED STATES SPECIAL
OPERATIONS COMMAND.
(a) Review.--The Secretary of Defense shall carry out a
review of the authorities available to the Secretaries of the
military departments and the acquisition executives of the
military departments for the development, acquisition, and
sustainment of technology, equipment, and services for the
military departments in order to determine the feasibility
and advisability of the provision of such authorities to the
Commander of the United States Special Operations Command and
the acquisition executive of the Command for the development,
acquisition, and sustainment of special operations-peculiar
technology, equipment, and services.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the review required by subsection
(a). The report shall include the following:
(1) A description of the review.
(2) An identification of the authorities the Secretary
recommends for provision to the Commander of the United
States Special Operations Command and the acquisition
executive of the Command as described in subsection (a), and
recommendations for any modifications of such authorities
that the Secretary considers appropriate for purposes of the
United States Special Operations Command.
(3) Such recommendations for legislative or administrative
action as the Secretary considers appropriate for the
provision of authorities identified pursuant to paragraph (2)
as described in subsection (a).
(4) Such other matters as the Secretary considers
appropriate in light of the review.
SEC. 807. ENSURING TRANSPARENCY IN ACQUISITION PROGRAMS.
(a) In General.--The Secretary of Defense shall establish
and implement a policy that will ensure the acquisition
programs of major systems establish cost, schedule, and
performance goals at the onset of the program. The policy
shall also ensure that acquisition programs of major systems
report on the original cost, schedule, and performance goals
throughout the program to ensure transparency.
(b) Major System Defined.--In this section, the term
``major system'' has the meaning given the term in section
2302d of title 10, United States Code.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. WAIVER AUTHORITY FOR PURPOSES OF EXPANDING
COMPETITION.
Section 2304 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(m) In the event the application of any provision of law
results in only one responsible bidder for a contract, the
Secretary of Defense may waive such provision of law (other
than subsection (c)) for purposes of expanding competition
for the contract.''.
SEC. 812. INCREASED SIMPLIFIED ACQUISITION THRESHOLD
APPLICABLE TO DEPARTMENT OF DEFENSE
PROCUREMENTS.
(a) Increased Simplified Acquisition Threshold.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2339a. Simplified acquisition threshold
``Notwithstanding section 134 of title 41, the simplified
acquisition threshold for the Department of Defense for
purposes of such section is $250,000.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2339a. Simplified acquisition threshold.''.
(b) Conforming Amendment.--Section 134 of title 41, United
States Code, is amended by striking ``In division B'' and
inserting ``Except as
[[Page S5928]]
provided in section 2339a of title 10, in division B''.
SEC. 813. INCREASED THRESHOLD FOR COST OR PRICING DATA AND
TRUTH IN NEGOTIATIONS REQUIREMENTS.
Section 2306a of title 10, United States Code, is amended
by striking ``$500,000'' each place it appears and inserting
``$1,000,000''.
SEC. 814. CONTRACT AUTHORITY FOR ADVANCED DEVELOPMENT OF
INITIAL OR ADDITIONAL PROTOTYPE UNITS.
(a) Permanent Authority.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by inserting after section 2302d the
following new section:
``Sec. 2302e. Contract authority for advanced development of
initial or additional prototype units
``(a) Authority.--A contract initially awarded from the
competitive selection of a proposal resulting from a general
solicitation referred to in section 2302(2)(B) of this title
may contain a contract line item or contract option for--
``(1) the provision of advanced component development,
prototype, or initial production of technology developed
under the contract; or
``(2) the delivery of initial or additional items if the
item or a prototype thereof is created as the result of work
performed under the contract.
``(b) Limitations.--
``(1) Minimal amount.--A contract line item or contract
option described in subsection (a)(2) shall require the
delivery of the minimal amount of initial or additional items
to allow for the timely competitive solicitation and award of
a follow-on development or production contract for those
items.
``(2) Term.--A contract line item or contract option
described in subsection (a) shall be for a term of not more
than 2 years.
``(3) Dollar value of work.--The dollar value of the work
to be performed pursuant to a contract line item or contract
option described in subsection (a) may not exceed the amount
of expenditure consistent with a major system, as defined in
section 2302d of this title.
``(4) Applicability.--The authority provided in subsection
(a) applies only to the Secretary of Defense, the Secretary
of the Army, the Secretary of the Navy, and the Secretary of
the Air Force.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2302d the following new item:
``2302e. Contract authority for advanced development of initial or
additional prototype units.''.
(b) Modification of Competitive Procedures Definition.--
Section 2302(2)(B) of title 10, United States Code, is
amended by striking ``basic research proposals'' and
inserting ``proposals for basic research, applied research,
advanced research, or development projects''.
(c) Repeal of Obsolete Authority.--Section 819 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 107-314; 10 U.S.C. 2302 note) is hereby repealed.
SEC. 815. TREATMENT OF INDEPENDENT RESEARCH AND DEVELOPMENT
COSTS ON CERTAIN CONTRACTS.
(a) Threshold for Establishing Advisory Panel Related to
Goal for Reimbursable Bid and Proposal Costs.--Section
2372a(d)(1) of title 10, United States Code, as added by
section 824(b)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328), is amended by
striking ``If the Department of Defense exceeds the goal
established under subsection (c) for a fiscal year, within
180 days after exceeding the goal'' and inserting ``If the
amount of reimbursable bid and proposal costs paid by the
Department of Defense for a fiscal year exceeds .75 percent
of the total aggregate industry sales to the Department for
such fiscal year, within 180 days of exceeding such
threshold''.
(b) Independent Research and Development Costs: Allowable
Costs.--Section 2372(d) of title 10, United States Code, as
amended by section 824(a)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328),
is further amended by striking ``subsection (c)(3)(A)'' and
inserting ``subsection (c)(2)(A)''.
SEC. 816. NON-TRADITIONAL CONTRACTOR DEFINITION.
Section 2302(9) of title 10, United States Code, is amended
by striking ``means an entity that is not currently
performing'' and inserting ``means a specific business unit
or function with a unique entity identifier that is not
currently performing''.
SEC. 817. REPEAL OF DOMESTIC SOURCE RESTRICTION RELATED TO
WEARABLE ELECTRONICS.
Section 2533a(b)(2) of title 10, United States Code, is
amended by inserting ``(excluding wearable electronics)''
after ``Hand or measuring tools''.
SEC. 818. USE OF OUTCOME-BASED AND PERFORMANCE-BASED
REQUIREMENTS FOR SERVICES CONTRACTS.
(a) Justification Requirement for Use of Personnel and
Labor Hour Requirements.--The Department of Defense may not
enter into a contract for the procurement of services valued
in excess of $10,000,000 based on specific descriptive
personnel and labor hour requirements unless the program
manager and contracting officer first submit to the Under
Secretary of Defense for Acquisition and Sustainment a
written justification including the reasons for basing the
contract on those requirements instead of outcome- or
performance-based requirements.
(b) Comptroller General Report.--Not later than two years
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
congressional defense committees a report on justifications
submitted pursuant to subsection (a). The report shall review
the adequacy of the justifications and identify any
reoccurring obstacles to the use of outcome- and performance-
based requirements instead of specified personnel and labor
hour requirements for purposes of awarding services
contracts.
(c) Sunset.--The requirements under this section shall
terminate at the close of September 30, 2022.
SEC. 819. PILOT PROGRAM FOR LONGER TERM MULTIYEAR SERVICE
CONTRACTS.
(a) In General.--The Secretary of Defense may use the
authority under subsection (a) of section 2306c of title 10,
United States Code, to enter into up to five contracts for
periods of not more than 10 years for services described in
subsection (b) of such section. Each contract entered into
pursuant to this subsection may be extended for up to five
additional one-year terms.
(b) Study.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall enter
into an agreement with an independent organization with
relevant expertise to study best practices and lessons
learned from using services contracts for periods longer than
five years by commercial companies, foreign governments, and
State governments, as well as service contracts for periods
longer than five years used by the Federal Government, such
as Energy Savings Performance Contracts.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the study
conducted under paragraph (1).
(c) Comptroller General Report.--Not later than two years
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
congressional defense committees a report on the pilot
program carried out under this section.
SEC. 820. IDENTIFICATION OF COMMERCIAL SERVICES.
Section 876 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2311) is
amended--
(1) by striking ``Not later than'' and inserting ``(a) In
General.--Not later than''; and
(2) by adding at the end the following new subsection:
``(b) Identification of Industry Subcategories.--In
preparing the guidance required under subsection (a), the
Secretary shall identify those industry subcategories in
facilities-related services, knowledge-based services (except
engineering services), construction services, medical
services, or transportation services in which there are
significant numbers of commercial services providers able to
meet the requirements of the Department of Defense.''.
SEC. 821. GOVERNMENT ACCOUNTABILITY OFFICE BID PROTEST
REFORMS.
(a) In General.--Chapter 137 of title 10, United States
Code, as amended by section 812, is further amended by adding
at the end the following new section:
``Sec. 2340. Government Accountability Office bid protests
``(a) Payment of Costs for Denied Protests.--
``(1) In general.--A contractor who files a protest
described under paragraph (2) with the Government
Accountability Office on a contract with the Department of
Defense shall pay to the Department of Defense costs incurred
for processing a protest at the Government Accountability
Office and the Department of Defense.
``(2) Covered protests.--A protest described under this
paragraph is a protest--
``(A) all of the elements of which are denied in an opinion
issued by the Government Accountability Office; and
``(B) filed by a party with revenues in excess of
$100,000,000 during the previous year.
``(b) Withholding of Payments Above Incurred Costs of
Incumbent Contractors.--
``(1) In general.--Contractors who file a protest on a
contract on which they are the incumbent contractor shall
have all payments above incurred costs withheld on any bridge
contracts or temporary contract extensions awarded to the
contractor as a result of a delay in award resulting from the
filing of such protest.
``(2) Disposition of withheld payments above incurred
costs.--
``(A) Release to incumbent contractor.--All payments above
incurred costs of a protesting incumbent contractor withheld
pursuant to paragraph (1) shall be released to the protesting
incumbent contractor if--
``(i) the solicitation that is the subject of the protest
is cancelled and no subsequent request for proposal is
released or planned for release; or
``(ii) if the Government Accountability Office issues an
opinion that upholds any of the protest grounds filed under
the protest.
``(B) Release to awardee.--Except for the exceptions set
forth in subparagraph (A), all payments above incurred costs
of a protesting incumbent contractor withheld pursuant to
paragraph (1) shall be released to the contractor that was
awarded the protested contract prior to the protest.
``(C) Release to department of defense in event of no
contract award.--Except for the exceptions set forth in
subparagraph (A), if a protested contract for which payments
above incurred costs are withheld under paragraph (1) is not
awarded to a contractor, the withheld payments shall be
released to the Department of Defense and deposited into an
account that can be used by the Department to offset costs
associated with Government Accountability Office bid
protests.''.
(b) Clerical Amendment.--The table of sections for such
chapter, as amended by section 812(a)(2) of this Act, is
further amended by inserting after the item relating to
section 2339a the following new item:
[[Page S5929]]
``2340. Government Accountability Office bid protests.''.
SEC. 822. ENHANCED POST-AWARD DEBRIEFING RIGHTS.
(a) Release of Contract Award Information.--Not later than
120 days after the date of the enactment of this Act, the
Secretary of Defense shall revise the Department of Defense
Supplement to the Federal Acquisition Regulation to require
that all required post-award debriefings must provide
detailed and comprehensive statements of the agency's rating
for each evaluation criteria and of the agency's overall
award decision. With regard to protecting the confidential
and proprietary information of other offerors, the revision
shall encourage the release to the company of all information
that otherwise would be releaseable in the course of a bid
protest challenge to an award. At a minimum, the revisions
shall include--
(1) a requirement for disclosure of the agency's written
source selection award determination, redacted if necessary
to protect other offerors' confidential and proprietary
information;
(2) a requirement for a combined written and oral
debriefing for all contract awards and task or delivery
orders valued at $10,000,000 or higher;
(3) a requirement for an option, at an offerors' election,
for access to an unredacted copy of the source selection
award determination and the supporting agency record for
outside counsel or other appropriate outside representative
for all contract awards and task or delivery orders valued at
$10,000,000 or higher;
(4) provisions ensuring that both losing and winning
offerors are entitled to the applicable enhanced post-award
debriefing rights; and
(5) robust procedures, consistent with section
2305(b)(5)(C) of title 10, United States Code, and section
15.506(e) of the Federal Acquisition Regulation, to protect
the confidential and proprietary information of other
offerors.
(b) Opportunity for Follow-up Questions.--Section
2305(b)(5) of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively;
(2) in subparagraph (B)--
(A) in clause (v), by striking ``; and'' and inserting a
semicolon;
(B) in clause (vi), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vii) an opportunity for a disappointed offeror to submit
within two business days of receiving a post-award debriefing
additional, follow-up questions related to the debriefing.'';
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) The agency shall respond in writing to additional,
follow-up questions submitted under subparagraph (B) within
five business days. The debriefing will not be considered
concluded until the agency delivers its written responses to
the disappointed offeror.''.
(c) Commencement of Post-briefing Period.--Section
3553(d)(4) of title 31, United States Code, is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii) respectively;
(2) by striking ``The period'' and inserting ``(A) The
period''; and
(3) by adding at the end the following new subparagraph:
``(B) For procurements conducted by any component of the
Department of Defense, the five-day post-debriefing period
does not commence until the day the Government delivers to a
disappointed offeror the written responses to any questions
submitted pursuant to section 2305(5)(B)(vii) of title 10.''.
(d) Decisions on Protests.--Section 3554(a)(1) of title 31,
United States Code, is amended by striking the period at the
end and inserting the following: ``for all protests arising
from agencies outside the Department of Defense and within 65
days after the date the protest is submitted to the
Comptroller General for all protests arising from the
Department of Defense and its subordinate agencies. In
protests arising from the Department of Defense and its
subordinate agencies which present unusually complex issues
or large agency records, the Comptroller General may extend
the time for decision but in no event later than 100 days
after the protest is submitted.''.
SEC. 823. LIMITATION ON UNILATERAL DEFINITIZATION.
(a) Limitation.--Section 2326 of title 10, United States
Code, is amended--
(1) by redesignating subsections (c), (d), (e), (f), (g),
(h), and (i) as subsections (d), (e), (f), (g), (h), (i), and
(j) respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Limitation on Unilateral Definitization by the
Contracting Officer.--The following limitation applies to all
undefinitized contractual actions with a not to exceed value
of $50,000,000 or greater:
``(1) If agreement is not reached on contractual terms,
specifications, and price by a date certain, as required
under subsection (b)(1), the contracting officer may not
unilaterally definitize those terms, specifications and price
over the objection of the contractor until--
``(A) the head of the agency approves the definitization in
writing;
``(B) the contracting officer provides the written approval
to the contractor; and
``(C) the head of the agency notifies the congressional
defense committees of the approval.
``(2) The contract modification unilaterally definitizing
the action shall not take effect until 60 calendar days after
the congressional defense committees have been notified under
subparagraph (C) of such paragraph.''.
(b) Conforming Regulations.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall revise the Department of Defense Supplement to
the Federal Acquisition Regulations to conform with the
amendments made by subsection (a).
SEC. 824. RESTRICTION ON USE OF REVERSE AUCTIONS AND LOWEST
PRICE TECHNICALLY ACCEPTABLE CONTRACTING
METHODS FOR SAFETY EQUIPMENT.
(a) In General.--Section 814 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
is amended--
(1) in the section heading, by inserting ``and safety
equipment'' after ``personal protective equipment''; and
(2) by inserting ``and safety equipment'' after ``personal
protective equipment''.
(b) Conforming Amendments.--The tables of sections in
section 2(b) of such Act and at the beginning of title VIII
of such Act are amended in the item relating to section 814
by inserting ``and safety equipment'' after ``personal
protective equipment''.
SEC. 825. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE
SELECTION PROCESS.
(a) Additional Requirements.--Subsection (b) of section 813
of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(7) the Department of Defense would not realize any
additional innovation or future technological advantage by
using a different methodology; and
``(8) the items procured are predominantly expendable in
nature, non-technical, or a short life expectancy or short
shelf life.''.
(b) Reporting Requirement.--Subsection (d) of such section
is amended by striking ``contract exceeding $10,000,000'' and
inserting ``contract exceeding $5,000,000''.
SEC. 826. MIDDLE TIER OF ACQUISITION FOR RAPID PROTOTYPE AND
RAPID FIELDING.
(a) Elimination of Cost-sharing Requirement.--Section
804(c)(2) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) is
amended--
(1) by striking subparagraph (C); and
(2) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively.
(b) Use of Simplified Procedures.--Not later than 180 days
after the date of the enactment of this Act, the Defense
Acquisition Regulation Supplement shall be amended to provide
for special simplified procedures for purchases of property
and services under the rapid prototyping and rapid fielding
programs established under section 804 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 10 U.S.C. 2302 note).
SEC. 827. ELIMINATION OF COST UNDERRUNS AS FACTOR IN
CALCULATION OF PENALTIES FOR COST OVERRUNS.
(a) In General.--Section 828 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2430 note) is amended--
(1) in subsection (a), by striking ``fiscal year 2015'' and
inserting ``fiscal years 2018, 2019, 2020, 2021, and 2022'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or underrun'';
(B) in paragraph (2), by striking ``or underruns'';
(C) in paragraph (3)--
(i) by striking ``and cost underruns''; and
(ii) by striking ``or underruns''; and
(D) in paragraph (4), by striking ``, except that the cost
overrun penalty may not be a negative amount''; and
(3) in subsection (c), by striking ``each fiscal year
beginning with fiscal year 2015'' and inserting ``fiscal
years 2018, 2019, 2020, 2021, and 2022''.
(b) Prior Fiscal Years.--The requirements of section 828 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2430 note), as in effect on the
day before the date of the enactment of this Act, shall
continue to apply with respect to fiscal years beginning on
or before October 1, 2016.
SEC. 828. CONTRACT CLOSEOUT AUTHORITY.
Section 836(b)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2286) is
amended by striking ``entered into prior to fiscal year
2000'' and inserting ``entered into at least 17 years before
the current fiscal year''.
SEC. 829. SERVICE CONTRACTS OF THE DEPARTMENT OF DEFENSE.
(a) Inclusion of Certain Information in Future-years
Defense Program.--Each future-years defense program submitted
to Congress pursuant to section 221of title 10, United States
Code, for a fiscal year after fiscal year 2018 shall include
an estimate of the cost and number of service contracts of
the Department of Defense for each fiscal year covered by the
future-years defense program. The estimate shall be set forth
for the Department of Defense as a whole and separately for
each department, agency, organization, and element of the
Department anticipated to use service contracts during the
fiscal years covered by the future-years defense program
concerned.
(b) Requirement for Certification and Briefing.--No study
or competition regarding a public-private competition for the
conversion to performance by a contractor for any function
performed by Department of Defense civilian employees may be
begun or announced pursuant to section 2461 of title 10,
United States Code, or
[[Page S5930]]
otherwise pursuant to Office of Management and Budget
Circular A-76, until such time as--
(1) the future-years defense program submitted to Congress
includes the information described in subsection (a); or
(2) the Secretary of Defense certifies that the Department
has a plan to provide such information by the next fiscal
year.
SEC. 830. DEPARTMENT OF DEFENSE CONTRACTOR WORKPLACE SAFETY
AND ACCOUNTABILITY.
(a) Identification of Known Workplace Safety and Health
Violations.--
(1) In general.--A contracting officer, prior to awarding
or renewing a covered contract, shall, as part of the
responsibility determination, consider any identified
violations of the Occupational Safety and Health Act of 1970
(29 U.S.C. 651 et seq.) or equivalent State laws by the
offeror, and by any covered subcontractors.
(2) Responsibility determination.--The contracting officer
shall consider violations described in paragraph (1) in
determining whether the offeror is a responsible source with
a satisfactory record of performance that meets mission and
ethical standards.
(3) Referral of information to suspension and debarment
officials.--As appropriate, a contracting officer shall refer
matters related to violations described in paragraph (1) to
the Department of Defense's suspension and debarment official
in accordance with Department procedures.
(b) Contractor Rights.--The Secretary of Defense shall
establish policies and practices--
(1) ensuring that when making responsibility
determinations, contracting officers request that contractors
provide any and all information the contractors deem
necessary to demonstrate responsibility prior to final
determinations;
(2) establishing mechanisms for contractors to have an
expedited process to review any information used to support
determinations of non-responsibility; and
(3) establishing mechanisms for contractors to have an
expedited process to appeal determinations of non-
responsibility.
(c) Protest Rights.--The Secretary of Defense shall protect
the rights of contractors to protest bids and appeal actions
taken pursuant to this section.
(d) Training and Guidance.--The Secretary of Defense shall
develop and provide clear training and guidance to
acquisition officials, contracting officers, and current and
potential contractors regarding implementation policies and
practices for this section.
(e) Comptroller General Report.--
(1) In general.--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 Department of Defense and
the congressional defense committees a report on the health
and safety records of Department of Defense contractors.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of the Department of Defense's existing
procedures to evaluate the safety and health records of
current and prospective contractors.
(B) An evaluation of the Department's adherence to those
procedures.
(C) An assessment of the current incidence of health and
safety violations by Department contractors.
(D) An assessment of whether the Department of Labor has
the resources to investigate and identify safety and health
violations by Department of Defense contractors.
(E) An assessment of whether the Department of Labor should
consider assuming an expanded investigatory role or a
targeted enforcement program for ensuring the safety and
health of workers under Department of Defense contracts.
(f) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract'' means
a Department of Defense contract for the procurement of
property or services, including construction, valued in
excess of $1,000,000.
(2) Covered subcontractor.--The term ``covered
subcontractor'' means a subcontractor listed in the bid for a
covered contract or known by the Department of Defense to be
a subcontractor of the offeror.
SEC. 831. DEPARTMENT OF DEFENSE PROMOTION OF CONTRACTOR
COMPLIANCE WITH EXISTING LAW.
It is the sense of Congress that--
(1) the Department of Defense should aim to ensure that
parties contracting with the Federal Government abide by
existing law, including worker protection laws;
(2) worker protection laws, including chapter 43 of title
38, United States Code (commonly known as the ``Uniformed
Services Employment and Reemployment Rights Act of 1994'' or
``USERRA'') and the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.), were enacted to ensure equitable
workplace practices;
(3) identifying and helping to improve the compliance of
contractors with worker protection violations will help avoid
setbacks and delays stemming from contracting with
noncompliant contractors; and
(4) the Secretary of Defense has the authority to ensure
contractors' compliance with existing laws and should
establish a goal to work with responsible contractors who are
in compliance with worker protection laws.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
SEC. 835. REVISIONS TO DEFINITION OF MAJOR DEFENSE
ACQUISITION PROGRAM.
Section 2430(a) of title 10, United States Code, is
amended--
(1) in paragraph (1)(B), by inserting ``in the case of a
program that is not a program for the acquisition of an
automated information system (either a product or a
service),'' after ``(B)''; and
(2) in paragraph (2)--
(A) by striking ``does not include an acquisition program''
and inserting the following: ``does not include--
``(A) an acquisition program''; and
(B) by striking the period at the end and inserting the
following: ``; or
``(B) an acquisition program for a defense business system
(as defined in section 2222(i)(1) of this title) carried out
using the acquisition guidance issued pursuant to section
883(e) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2223a note).''.
SEC. 836. PROHIBITION ON USE OF LOWEST PRICE TECHNICALLY
ACCEPTABLE SOURCE SELECTION PROCESS FOR MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) Prohibition.--
(1) In general.--Chapter 144 of title 10, United States
Code, is amended by inserting after section 2441 the
following new section:
``Sec. 2442. Prohibition on use of lowest price technically
acceptable source selection process
``(a) In General.--The Department of Defense shall not use
a lowest price technically acceptable source selection
process for the development contract of a major defense
acquisition program.
``(b) Notification.--(1) The Secretary of Defense shall
submit to the congressional defense committees a notification
of the source selection process that the Department of
Defense plans to use for the development contract of a major
defense acquisition program.
``(2) The notification required under paragraph (1) shall
be submitted at the same time that the President submits
under section 1105 of title 31 the budget in which budget
authority is requested for the development contract of a
major defense acquisition program. If the Department of
Defense has not yet determined the source selection process
for the development contract at the time that budget
authority for the development contract is requested, the
Department of Defense shall submit the notification not later
than 30 days before release of the request for proposals for
the development contract.
``(c) Definitions.--In this section:
``(1) Lowest price technically acceptable source selection
process.--The term `lowest price technically acceptable
source selection process' has the meaning given that term in
part 15 of the Federal Acquisition Regulation.
``(2) Major defense acquisition program.--The term `major
defense acquisition program' has the meaning given that term
in section 2430 of this title.
``(3) Development contract.--The term `development
contract' means a prime contract for the development of a
major defense acquisition program.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2441 the following new item:
``2442. Prohibition on use of lowest price technically acceptable
source selection process.''.
(b) Applicability.--The requirements of section 2442 of
title 10, United States Code, as added by subsection (a),
shall apply to major defense acquisition programs for which
budgetary authority is requested for fiscal year 2019 or a
subsequent fiscal year.
SEC. 837. ROLE OF THE CHIEF OF THE ARMED FORCE IN MATERIAL
DEVELOPMENT DECISION AND ACQUISITION SYSTEM
MILESTONES.
Section 2547(b) of title 10, United States Code, is
amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) Consistent with the performance of duties under
subsection (a), the Chief of the armed force concerned, with
respect to major defense acquisition programs, shall--
``(A) concur with the need for a material solution as
identified in the Material Development Decision Review prior
to entry into the Material Solution Analysis Phase under
Department of Defense Instruction 5000.02;
``(B) concur with the cost, schedule, technical
feasibility, and performance trade-offs that have been made
with regard to the program before Milestone A approval is
granted under section 2366a of this title;
``(C) concur that appropriate trade-offs among cost,
schedule, technical feasibility, and performance objectives
have been made to ensure that the program is affordable when
considering the per unit cost and the total life-cycle cost
before Milestone B approval is granted under section 2366b of
this title; and
``(D) concur that the requirements in the program
capability document are necessary and realistic in relation
to program cost and fielding targets as required by paragraph
(1) before Milestone C approval is granted.''.
Subtitle D--Provisions Related to Acquisition Workforce
SEC. 841. TRAINING IN COMMERCIAL ITEMS PROCUREMENT.
(a) Training.--Not later than one year after the date of
the enactment of this Act, the President of the Defense
Acquisition University shall establish a comprehensive
training program on part 12 of the Federal Acquisition
Regulation. The training shall cover, at a minimum, the
following topics:
(1) The origin of part 12 and the congressional mandate to
prefer commercial procurements.
(2) The definition of a commercial item, with a particular
focus on the ``of a type'' concept.
(3) Price analysis and negotiations.
[[Page S5931]]
(4) Market research and analysis.
(5) Independent cost estimates.
(6) Parametric estimating methods.
(7) Value analysis.
(8) Best practices in pricing from commercial sector
organizations, foreign government organizations, and other
Federal, state, and local public sectors organizations.
(9) Other topics on commercial procurements necessary to
ensure a well-educated acquisition workforce.
(b) Enrollments Goals.--The President of the Defense
Acquisition University shall set goals for student enrollment
for the comprehensive training program established under
subsection (a).
(c) Supporting Activities.--The Secretary of Defense shall
establish, in support of the achievement of the goals of this
section--
(1) a university research program to engage academic
experts on research topics of interest to improve commercial
item identification and pricing methodologies; and
(2) a set of exchange and interface opportunities between
government personnel experts to increase awareness of best
practices and challenges in commercial item identification
and pricing.
(d) Funding.--The Secretary of Defense shall use amounts
available in the Department of Defense Acquisition Workforce
Development Fund established under section 1705 of title 10,
United States Code, to fund the comprehensive training
program established under subsection (a).
SEC. 842. MODIFICATION OF DEFINITION OF ACQUISITION WORKFORCE
TO INCLUDE PERSONNEL ENGAGED IN THE ACQUISITION
OR DEVELOPMENT OF CYBERSECURITY SYSTEMS.
Section 1705(h)(2)(A) of title 10, United States Code, is
amended--
(1) by inserting ``(i)'' after ``(A)'';
(2) by striking ``; and'' and inserting ``; or''; and
(3) by adding at the end the following new clause:
``(ii) are engaged in the acquisition or development of
systems relating to cybersecurity; and''.
SEC. 843. TRAINING AND SUPPORT FOR PROGRAMS PURSUING AGILE
ACQUISITION METHODS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the President of the Defense Acquisition
University, shall establish an in-resident targeted training
course at the Defense Acquisition University on Agile
Acquisition.
(b) Course Components.--The course shall include the
following elements:
(1) Training designed to instill a common understanding of
all functional roles and dependencies involved in developing
and producing a capability using Agile processes.
(2) An exercise involving teams composed of personnel from
pertinent functions and functional organizations engaged in
developing an integrated Agile Acquisition approach for a
specific program.
(c) Course Attendance.--The course shall be--
(1) available for certified acquisition personnel from all
program offices using Agile Acquisition methods; and
(2) mandatory for personnel from other relevant
organizations in each of the military services and Defense
Agencies, including organizations responsible for
engineering, budgeting, contracting, test and evaluation,
requirements validation, and certification and accreditation,
that support those program offices.
(d) Agile Acquisition Coach.--
(1) In general.--The Secretary and the senior acquisition
executives in each of the military services and Defense
Agencies, in coordination with the Director of the Defense
Digital Service, shall ensure that program offices pursuing
Agile Acquisition methods have access to an Agile Acquisition
coach.
(2) Expertise.--The Agile Acquisition coach shall possess
expertise in--
(A) commercial Agile Acquisition methods; and
(B) the acquisition system and processes of the Department
of Defense.
(3) Duties.--The Agile Acquisition coach shall--
(A) assist program offices, supporting stakeholder
organizations, and personnel in properly applying Agile
Acquisition methods; and
(B) notify the appropriate acquisition authorities if
programs are deviating from best practices or are not
receiving appropriate support from stakeholder organizations,
in a manner or to a degree that threatens the success of the
program.
(e) Agile Acquisition Research Program.--The President of
the Defense Acquisition University shall establish a research
program to conduct research on and development of Agile
Acquisition practices and tools best tailored to meet the
mission needs of the Department of Defense.
(f) Definitions.--In this section the term ``Agile
Acquisition''--
(1) means acquisition pursuant to a methodology for
delivering multiple, rapid, incremental capabilities to the
user for operational use, evaluation, and feedback; and
(2) involves--
(A) the incremental development and fielding of
capabilities, commonly called ``spirals'', ``spins'', or
``sprints'', which can be measured in a few weeks or months;
and
(B) continuous participation and collaboration by users,
testers, and requirements authorities.
SEC. 844. CREDITS TO DEPARTMENT OF DEFENSE ACQUISITION
WORKFORCE DEVELOPMENT FUND.
Section 1705(d)(2)(D) of title 10, United States Code, is
amended to read as follows:
``(D) The Secretary of Defense may adjust the amount
specified in subparagraph (C) for a fiscal year if the
Secretary determines that the amount is greater or less than
reasonably needed for purposes of the Fund for such fiscal
year. The Secretary may not adjust the amount for a fiscal
year to an amount that is more than $600,000,000 or less than
$400,000,000.''.
Subtitle E--Provisions Related to Commercial Items
SEC. 851. MODIFICATION TO DEFINITION OF COMMERCIAL ITEMS.
Section 2376 of title 10, United States Code, is amended--
(1) in paragraph (1), by striking `` `commercial item','';
and
(2) by adding at the end the following new paragraph:
``(4) The term `commercial item' has the meaning given the
term in section 103 of title 41, except that it does not
include an item referred to in paragraph (3)(B) of such
section if, after the minor modifications made to meet
Federal Government requirements referred to in such
paragraph, the item includes a preponderance of government-
unique functions or essential characteristics.''.
SEC. 852. REVISION TO DEFINITION OF COMMERCIAL ITEM.
Section 103(8) of title 41, United States Code, is amended
by striking ``to multiple State and local governments'' and
inserting ``to multiple State, local, or foreign
governments''.
SEC. 853. COMMERCIAL ITEM DETERMINATIONS.
Section 2380 of title 10, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Items Previously Acquired Using Commercial Item
Acquisition Procedures.--
``(1) Determinations.--A contract or subcontract for an
item using commercial item acquisition procedures under part
12 of the Federal Acquisition Regulation shall serve as a
prior commercial item determination with respect to such item
for purposes of this chapter unless the Secretary of Defense
determines in writing that it is no longer cost-effective to
procure the item using commercial item acquisition
procedures.
``(2) Limitation.--(A) Except as provided under
subparagraph (B), funds appropriated or otherwise made
available to the Department of Defense may not be used for
the procurement under part 15 of the Federal Acquisition
Regulation of an item that was previously acquired using
commercial item acquisition procedures under part 12 of the
Federal Acquisition Regulation.
``(B) The limitation under subparagraph (A) does not apply
to the procurement of an item that was previously acquired
using commercial item acquisition procedures under part 12 of
the Federal Acquisition Regulation following--
``(i) a written determination by the head of contracting
activity pursuant to section 2306a(b)(4)(B) of this title
that the use of such procedures was improper; or
``(ii) a written determination by the Secretary of Defense
that it is no longer cost-effective to procure the item using
such procedures.''.
SEC. 854. PREFERENCE FOR ACQUISITION OF COMMERCIAL ITEMS.
Section 2377(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and moving such
subparagraphs, as so redesignated, two ems to the right;
(2) by striking ``The head'' and inserting ``(1) The
head''; and
(3) by adding at the end the following new paragraph:
``(2) The preference for the acquisition of commercial
items and nondevelopmental items under this section shall
take priority over any small business set-aside program, and
shall require, to the maximum extent practicable, the
acquisition of commercial items or nondevelopmental items
other than commercial items in accordance with the terms of
this section. If the requirements of an agency with respect
to a procurement of supplies or services can be met with
commercial items or nondevelopmental items other than
commercial items provided by a small business concern, the
small business concern may be awarded the contract in
accordance with the requirements of a set-aside program.''.
SEC. 855. INAPPLICABLE LAWS AND REGULATIONS.
(a) Review of Determinations Not To Exempt Department of
Defense Contracts for Commercial Items and Commercially
Available Off-the-shelf Items From Certain Laws and
Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) review each determination of the Federal Acquisition
Regulatory Council pursuant to section 1906(b)(2), section
1906(c)(3), or section 1907(a)(2) of title 41, United States
Code, not to exempt contracts and subcontracts described in
subsection (a) of section 2375 of title 10, United States
Code, from laws such contracts and subcontracts would
otherwise be exempt from under section 1906(d) of title 41,
United States Code; and
(2) revise the Department of Defense Supplement to the
Federal Acquisition Regulation to provide an exemption from
each law subject to such determination unless the Secretary
determines there is a specific reason not to provide the
exemption.
(b) Elimination of Certain Contract Clause Requirements
Applicable to Commercial Item Contracts.--Not later than 180
days after the date of the enactment of this Act,
[[Page S5932]]
the Secretary of Defense shall revise the Department of
Defense Supplement to the Federal Acquisition Regulation to
eliminate all regulations promulgated after the date of the
enactment of the Federal Acquisition Streamlining Act of 1994
(Public Law 103-355) that require a specific contract clause
for a contract using commercial item acquisition procedures
under part 12 of the Federal Acquisition Regulation, except
for regulations required by law or that the Secretary
determines are vital to national security.
(c) Elimination of Certain Contract Clause Requirements
Applicable to Commercially Available Off-the-shelf Item
Subcontracts.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall revise
the Department of Defense Supplement to the Federal
Acquisition Regulation to eliminate all requirements for 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 is
necessary for the contractor to meet the requirements of the
prime contract.
Subtitle F--Industrial Base Matters
SEC. 861. REVIEW REGARDING APPLICABILITY OF FOREIGN
OWNERSHIP, CONTROL, OR INFLUENCE REQUIREMENTS
OF NATIONAL SECURITY INDUSTRIAL PROGRAM TO
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE
COMPANIES.
(a) Review.--The Secretary of Defense, with the concurrence
of the Secretary of State, shall review whether companies
whose ownership or majority control is based in countries
that are part of the national technology and industrial base
should be exempted from the foreign ownership, control, or
influence (FOCI) requirements of the National Security
Industrial Program.
(b) Authority.--
(1) In general.--The Secretary of Defense may establish a
program to carry out the exemption process described under
subsection (a). Under the program, the Secretary, with the
concurrence of the Secretary of State, shall maintain a list
of companies owned or controlled by countries that are part
of the national technology and industrial base that are
eligible for exemption from the requirements described under
such subsection.
(2) Determinations of eligibility.--The Secretary of
Defense, with the concurrence of the Secretary of State, may
designate a company under paragraph (1) as exempt from the
requirements described under subsection (a) upon a
determination that such exemption--
(A) is beneficial to improving collaboration within
countries participating in the national technology and
industrial base;
(B) is in the United States national security interest; and
(C) will not result in a greater risk of the disclosure of
classified or sensitive information consistent with the
National Security Industrial Program.
(3) Exercise of authority.--The authority under paragraph
(1) to exempt a listed company from the requirements
described under subsection (a) may be exercised beginning on
the date that is the later of--
(A) the date that is 60 days after the Secretary of
Defense, in consultation with the Secretary of State, submits
to the congressional defense committees a report summarizing
the review conducted under such subsection; and
(B) the date that is 30 days after the Secretary of
Defense, in consultation with the Secretary of State, submits
to the congressional defense committees a written
notification of a determination under paragraph (2) to exempt
the company from such requirements, including a discussion of
the issues related to the foreign ownership or control of the
company that were considered as part of the determination.
(c) National Technology and Industrial Base Defined.--In
this section, the term ``national technology and industrial
base'' has the meaning given the term in section 2500 of
title 10, United States Code.
SEC. 862. PILOT PROGRAM ON STRENGTHENING MANUFACTURING IN
DEFENSE INDUSTRIAL BASE.
(a) Pilot Program Required.--The Secretary of Defense shall
carry out a pilot program to assess the feasibility and
advisability of increasing the capability of the defense
industrial base to support--
(1) production needs to meet military requirements; and
(2) manufacturing and production of emerging defense and
commercial technologies of military value.
(b) Authorities.--The Secretary shall carry out the pilot
program under the following:
(1) The Defense Production Act of 1950 (50 U.S.C. 4501 et
seq.).
(2) Chapters 137 and 139 and sections 2371, 2371b, and 2373
of title 10, United States Code.
(3) Such other legal authorities as the Secretary considers
applicable to carrying out the pilot program.
(c) Activities.--Activities under the pilot program may
include the following:
(1) Use of contracts, grants, or other transaction
authorities to support manufacturing and production
capabilities in small and medium sized manufacturers.
(2) Purchases of quantities of goods or equipment for
testing and qualification purposes.
(3) Purchase commitments to create incentives for industry
to develop manufacturing and production capabilities of
interest to national security, including cost sharing with
funding from nongovernmental sources.
(4) Issuing loans directly to small and medium sized
enterprises to support manufacturing and production
capabilities.
(5) Guaranteeing loans to enable small and medium sized
manufacturers to obtain private sector loans to support
manufacturing and production capabilities in areas of
national security interest.
(6) Giving awards to third party entities to support
investments in small and medium sized manufacturers working
in areas of national security interest, including activities
to support debt and equity investments that would benefit
missions of the Department of Defense.
(7) Such other activities as the Secretary determines
necessary.
(d) Termination.--The pilot program shall terminate on the
date that is five years after the date of the enactment of
this Act.
SEC. 863. SUNSET OF CERTAIN PROVISIONS RELATING TO THE
INDUSTRIAL BASE.
(a) Miscellaneous Limitations on the Procurement of Goods
Other Than United States Goods.--Section 2534 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(k) Sunset on Certain Restrictions.--The restriction
under subsection (a) relative to the procurement of the items
set forth in paragraphs (1) through (4) of such subsection
shall terminate on the close of September 30, 2018.''.
(b) Photovoltaic Devices.--Section 858 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 2534
note) is amended by adding at the end the following new
subsection:
``(c) Sunset.--This section shall terminate on the close of
September 30, 2018.''.
Subtitle G--International Contracting Matters
SEC. 865. PROCUREMENT EXCEPTION RELATING TO AGREEMENTS WITH
FOREIGN GOVERNMENTS.
Section 2533a of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``subsections (c)
through (h)'' and inserting ``subsections (c) through (i)'';
(2) by redesignating subsections (i), (j), and (k) as
subsections (j), (k), and (l), respectively; and
(3) by inserting after subsection (h) the following new
subsection:
``(i) Exception Relating to Agreements With Foreign
Governments.--Subsection (a) does not preclude the
acquisition of items described in subsection (b) as part of a
weapon system if the acquisition is necessary in furtherance
of an agreement with a foreign government in which both
governments agree to remove barriers to purchases of supplies
produced in the other country or services performed by
sources of the other country.''.
SEC. 866. APPLICABILITY OF COST AND PRICING DATA
CERTIFICATION REQUIREMENTS.
Section 2306a(b)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (C), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (D)(ii), by striking the period at the
end and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(E) for a foreign military sale where there is already an
existing Government contract--
``(i) for the same or similar item or service; and
``(ii) for which the Government has current cost and
pricing data and insights into the reasonableness of
price.''.
SEC. 867. ENHANCING PROGRAM LICENSING.
(a) In General.--Not later than September 30, 2019, the
Secretary of Defense, with the concurrence of the Secretary
of State, shall establish a structure for implementing a
revised program export licensing framework intended to
provide comprehensive export licensing authorization to
support large international cooperative defense programs
between multiple nations and determine what, if any,
regulatory authorities require modification.
(b) Sustainment.--The licensing framework established under
subsection (a) shall require a program license for the future
sustainment of all international cooperative defense programs
comprised of more than five nations. The program license
shall be finalized prior to the sustainment phase of that
program's acquisition lifecycle.
Subtitle H--Other Transactions
SEC. 871. OTHER TRANSACTION AUTHORITY.
(a) Expanded Authority for Prototype Projects.--Subsection
(a) of section 2371b of title 10, United States Code, is
amended--
(1) by striking ``(1) Subject'' and inserting ``Subject'';
and
(2) by striking paragraphs (2) and (3).
(b) Modification of Cost Sharing Requirement for Use of
Other Transaction Authority.--Subsection (d)(1) of such
section is amended by striking subparagraph (C) and inserting
the following new subparagraph:
``(C) At least one third of the total cost of the prototype
project is to be paid out of funds provided by sources other
than the Federal Government.''.
(c) Use of Other Transaction Authority for Ongoing
Prototype Projects.--Subsection (f)(1) of such section is
amended by adding at the end the following: ``A transaction
includes all individual prototype sub-projects awarded under
the transaction to a consortium of United States industry and
academic institutions.''.
SEC. 872. EDUCATION AND TRAINING FOR TRANSACTIONS OTHER THAN
CONTRACTS AND GRANTS.
Section 2371 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Education and Training.--The Secretary of Defense
shall ensure that management, technical, and contracting
personnel of the Department involved in the award and
administration of transactions under this section
[[Page S5933]]
or other innovative forms of contracting are afforded
adequate education and training.''.
SEC. 873. PREFERENCE FOR USE OF OTHER TRANSACTIONS AND
EXPERIMENTAL AUTHORITY.
In the execution of science and technology and prototyping
programs, the Secretary of Defense shall establish a
preference for using transactions other than contracts,
cooperative agreements, and grants entered into pursuant to
sections 2371 and 2371b of title 10, United States Code, and
authority for procurement for experimental purposes pursuant
to section 2373 of title 10, United States Code.
SEC. 874. METHODS FOR ENTERING INTO RESEARCH AGREEMENTS.
Section 2358(b) of title 10, United States Code, is
amended--
(1) in paragraph (3), by striking ``or'';
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(5) by transactions other than contracts, cooperative
agreements, and grants entered into pursuant to sections 2371
and 2371b of this title; or
``(6) by procurement for experimental purposes pursuant to
section 2373 of this title.''.
Subtitle I--Development and Acquisition of Software Intensive and
Digital Products and Services
SEC. 881. RIGHTS IN TECHNICAL DATA.
(a) Modification of Definition of Technical Data.--
Paragraph (4) of section 2302 of title 10, United States
Code, is amended to read as follows:
``(4) The term `technical data'--
``(A) means recorded information (regardless of the form or
method of the recording) of a scientific or technical nature
relating to supplies procured by an agency;
``(B) with respect to software, includes everything
required to reproduce, build/recompile, test, and deploy
working system binaries on system hardware, including all
source code, revision histories, build scripts, build/
compilation/modification instructions/procedures,
documentation, test cases, expected test results, compilers,
interpreters, test harnesses, specialized build and test
hardware, connectors, cables, and library dependencies; and
``(C) does not include computer software incidental to
contract administration or financial, administrative, cost or
pricing, or management data or other information incidental
to contract administration.''.
(b) Rights in Technical Data.--Section 2320(a)(2) of title
10, United States Code, is amended by adding at the end the
following new subparagraph:
``(J) The Secretary of Defense shall require the following
with respect to software delivery:
``(i) Software shall be delivered in native electronic
format.
``(ii) Builds must not be dependent upon pre-defined build
directories.
``(iii) In the case of licensing restrictions that do not
allow library dependency inclusion, verified accessible
repositories and revision history shall be documented and
included.
``(iv) Commercial Off-The Shelf/Non-Development Item (COTS/
NDI) shall be delivered on original Licensed Media. If
firmware is part of the delivery, then a Firmware Support
Manual should be included as an Appendix.''.
SEC. 882. DEFENSE INNOVATION BOARD ANALYSIS OF SOFTWARE
ACQUISITION REGULATIONS.
(a) Study.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
task the Defense Innovation Board to undertake a study on
streamlining software development and acquisition
regulations.
(2) Member participation.--The Chairman of the Defense
Innovation Board shall select appropriate members from the
membership of the Board to participate in this study, and may
recommend additional temporary members or contracted support
personnel to the Secretary of Defense for the purposes of
this study. In considering additional appointments to the
study, the Secretary of Defense shall ensure that members
have significant technical, legislative, or regulatory
expertise and reflect diverse experiences in the public and
private sector.
(3) Scope.--The study conducted pursuant to paragraph (1)
shall--
(A) review the acquisition regulations applicable to the
Department of Defense with a view toward streamlining and
improving the efficiency and effectiveness of software
acquisition in order to maintain defense technology
advantage;
(B) produce specific and detailed recommendations for any
legislation, including the amendment or repeal of
regulations, that the members of the Board conducting the
study determine necessary to--
(i) streamline development and procurement of software;
(ii) adopt best practices from the private sector
applicable to government use;
(iii) promote rapid adoption of new technology;
(iv) ensure continuing financial and ethical integrity in
procurement; and
(v) protect the best interests of the Department of
Defense; and
(C) produce such additional recommendations for legislation
as such members consider appropriate.
(4) Consultation on major program realignment.--The
Secretary of Defense shall consult with the Defense
Innovation Board in conducting activities under the major
program realignment pilot program established pursuant to
section 873. The Secretary shall provide the Board with
timely access to all information necessary for the Board to
provide such consultation and report on the major program
realignment.
(5) Access to information.--The Secretary of Defense shall
provide the Defense Innovation Board with timely access to
appropriate information, data, resources, and analysis so
that the Board may conduct a thorough and independent
analysis as required under this subsection.
(b) Reports.--
(1) Interim reports.--Not later than 150 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit a report to or brief the congressional defense
committees on the interim findings of the study conducted
pursuant to subsection (a). The Defense Innovation Board
shall provide regular updates to the Secretary of Defense and
the congressional defense committees for purposes of
providing the interim report.
(2) Final report.--Not later than one year after the
Secretary of Defense tasks the Defense Advisory Board to
conduct the study, the Board shall transmit a final report of
the study to the Secretary. Not later than 30 days after
receiving the final report, the Secretary of Defense shall
transmit the final report, together with such comments as the
Secretary determines appropriate, to the congressional
defense committees.
SEC. 883. PILOT TO TAILOR SOFTWARE-INTENSIVE MAJOR PROGRAMS
TO USE AGILE METHODS.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries and Chiefs of the military
services, shall identify one major program per service and
one defense-wide program for tailoring into smaller
increments. The programs shall be selected from among those
designated as major defense acquisition programs and those
formerly designated as major automated information systems
(excluding defense business systems).
(b) Program Selection Criteria.--In identifying candidate
programs, the Secretary shall prioritize programs that--
(1) are software intensive;
(2) have identified software development as a risk;
(3) have experienced cost growth and schedule delay; and
(4) did not deliver any operational capability within the
prior calendar year.
(c) Realignment Plan.--The Secretary of Defense shall
finalize a realignment plan within 60 days of programs being
identified under subsection (a) that provides for the
realigned program increments having a cost below the cost
threshold for designation as a major acquisition.
(d) Realignment Execution.--Each realigned program
increment shall--
(1) be designed to deliver a meaningfully useful capability
within the first 180 days following realignment;
(2) be designed to deliver subsequent meaningfully useful
capabilities on timeframes of less than 180 days;
(3) incorporate cross-functional teams focused on software
production that prioritize user needs and control of total
cost of ownership;
(4) be staffed with highly qualified technically trained
staff and personnel with management and business process
expertise in leadership positions to support requirements
modification, acquisition strategy, and program
decisionmaking;
(5) ensure that realigned acquisition strategies are broad
enough to allow offerors to propose a service, system,
modified business practice, configuration of personnel, or
combination thereof as a solution;
(6) include periodic engagement with the user community, as
well as representation by the user community in program
management and software production activity;
(7) ensure realigned acquisition strategies favor outcomes-
based requirements definition and capability as a service,
including the establishment of technical evaluation criteria
as outcomes to be used to drive service-level agreements with
vendors; and
(8) consider options for termination of the relationship
with any vendor unable or unwilling to offer terms that meet
the requirements of this section.
(e) Consultation.--In conducting the program selection and
tailoring under this section, the Secretary shall--
(1) use the tools, resources, and expertise of digital and
innovation organizations resident in the Department, such as
the Defense Innovation Board, the Defense Innovation Unit
Experimental, the Defense Science Board, the Defense Digital
Services, federally funded research and development centers,
research laboratories, and other technical, management, and
acquisition experts;
(2) use the digital development and acquisition expertise
of the General Services Administration's Technology
Transition Service, Office of 18F; and
(3) leverage the science, technology, and innovation
activities established pursuant to section 217 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2445a note).
(f) Agile Acquisition Defined.--In this section, the term
``agile acquisition''--
(1) means acquisition pursuant to a methodology for
delivering multiple, rapid, incremental capabilities to the
user for operational use, evaluation, and feedback; and
(2) involves--
(A) the incremental development and fielding of
capabilities, commonly called ``spirals'', ``spins'', or
``sprints'', which can be measured in a few weeks or months;
and
(B) continuous participation and collaboration by users,
testers, and requirements authorities.
[[Page S5934]]
SEC. 884. REVIEW AND REALIGNMENT OF DEFENSE BUSINESS SYSTEMS
TO EMPHASIZE AGILE METHODS.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Chief Information Officers and Chief
Management Officers of the military services, shall conduct a
comprehensive assessment of investments in defense business
systems and prioritize no fewer than four and up to eight
such systems for realignment and restructuring into smaller
increments and the incorporation of agile acquisition
methods.
(b) Program Assessment Elements.--The assessment under
subsection (a) shall include the following:
(1) A comparison of investments in business systems across
the Department of Defense within each business system
portfolio category, such as personnel and pay systems,
accounting and financial systems, and contracting and
procurement systems.
(2) Identification of opportunities to rationalize
requirements across investments within a business system
portfolio.
(3) Identification of programs within business system
portfolio categories that are most closely following the best
acquisition practices for software intensive systems.
(c) Program Realignment Selection Criteria.--In identifying
programs for potential realignment, the Secretary of Defense
shall prioritize programs that--
(1) did not deliver any operational capability within the
prior calendar year;
(2) have experienced cost growth and schedule delay; and
(3) have similar user requirements to a better performing
program within the same business system portfolio category.
(d) Realignment Plan.--The Secretary of Defense shall
finalize a realignment plan within 60 days of programs being
identified under subsection (c).
(e) Realignment Execution.--Each realigned program
increment shall--
(1) be designed to deliver a meaningfully useful capability
within the first 180 days following realignment;
(2) be designed to deliver subsequent meaningfully useful
capabilities on timeframes of less than 180 days;
(3) incorporate cross-functional teams focused on software
production that prioritize user needs and control of total
cost of ownership;
(4) be staffed with highly qualified technically trained
staff and personnel with management and business process
expertise in leadership positions to support requirements
modification, acquisition strategy, and program decision
making;
(5) ensure that realigned acquisition strategies are broad
enough to allow offerors to propose a service, system,
modified business practice, configuration of personnel, or
combination thereof as a solution;
(6) include periodic engagement with the user community as
well as representation by the user community in program
management and software production activity;
(7) ensure realigned acquisition strategies favor outcomes-
based requirements definition and capability as a service,
including the establishment of technical evaluation criteria
as outcomes to be used to drive service-level-agreements with
vendors; and
(8) consider options for termination of the relationship
with any vendor unable or unwilling to offer terms that meet
the requirements of this section.
(f) Consultation.--In conducting the program selection and
realignments under this section, the Secretary shall--
(1) use the tools, resources, and expertise of digital and
innovation organizations resident in the Department, such as
the Defense Innovation Board, the Defense Innovation Unit
Experimental, the Defense Science Board, the Defense Business
Board, the Defense Digital Services, federally funded
research and development centers, research laboratories, and
other technical, management, and acquisition experts;
(2) use the digital development and acquisition expertise
of the General Services Administration's Technology
Transition Service, Office of 18F; and
(3) leverage the science, technology, and innovation
activities established pursuant to section 217 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2445a note).
(g) Agile Acquisition Defined.--In this section, the term
``agile acquisition''--
(1) means acquisition pursuant to a methodology for
delivering multiple, rapid, incremental capabilities to the
user for operational use, evaluation, and feedback; and
(2) involves--
(A) the incremental development and fielding of
capabilities, commonly called ``spirals'', ``spins'', or
``sprints'', which can be measured in a few weeks or months;
and
(B) continuous participation and collaboration by users,
testers, and requirements authorities.
SEC. 885. SOFTWARE DEVELOPMENT PILOT USING AGILE BEST
PRACTICES.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
identify no fewer than four and up to eight software
development activities within the Department of Defense or
military departments to be developed using modern agile
acquisition methods.
(b) Streamlined Processes.--Software development activities
identified under subsection (a) shall be developed without
incorporation of the following contract or transaction
requirements:
(1) Earned Value Management (EVM) or EVM-like reporting.
(2) Development of Integrated Master Schedule.
(3) Development of Integrated Master Plan.
(4) Development of Technical Requirement Document.
(5) Development of Systems Requirement Documents.
(6) Use of Information Technology Infrastructure Library
agreements.
(7) Use of Software Development Life Cycle (methodology).
(c) Roles and Responsibilities.--
(1) In general.--Selected activities shall include the
following roles and responsibilities:
(A) A program manager that is empowered to make all
programmatic decisions within the overarching activity
objectives, including resources, funding, personnel, and
contract or transaction termination recommendations.
(B) A product owner that reports directly to the program
manager and is responsible for the overall design of the
product, prioritization of roadmap elements and
interpretation of their acceptance criteria, and
prioritization of the list of all features desired in the
product.
(C) An engineering lead that reports directly to the
program manager and is responsible for the implementation and
operation of the software.
(D) A design lead that reports directly to the program
manager and is responsible for identifying, communicating,
and visualizing user needs through a human centered design
process.
(2) Qualifications.--The Secretary shall establish
qualifications for personnel filling these positions prior to
their selection. The qualifications may not include a
positive education requirement and must be based on technical
expertise or experience in delivery of software products, to
include agile concepts.
(3) Coordination plan for testing and certification
organizations.--The program manager shall ensure resources
for test and certification organizations support of iterative
development processes.
(d) Plan.--The Secretary of Defense or designee shall
develop a plan for each selected activity under the pilot to
include the following elements:
(1) Definition of a product vision, identifying a succinct,
clearly defined need the software will address.
(2) Definition of a product road map, outlining a
noncontractual plan that identifies short-term and long-term
product goals and specific technology solutions to help meet
those goals and adjusts to mission and user needs at the
product owner's discretion.
(3) The use of a Broad Agency Announcement, Other
Transaction Authority, or other rapid merit-based
solicitation procedure.
(4) Identification of, and continuous engagement with, end
users.
(5) Frequent and iterative end user validation of features
and usability consistent with the principles outlined in the
Digital Services Playbook.
(6) Use of commercial best practices for advanced computing
systems, including, where applicable--
(A) Automated Testing, Integration, and Deployment;
(B) compliance with applicable commercial accessibility
standards;
(C) capability to support modern versions of multiple,
common web browsers;
(D) capability to be viewable across commonly used end user
devices, including mobile devices; and
(E) built-in application monitoring.
(e) Program Schedule.--The Secretary shall ensure that each
selected activity includes--
(1) award processes that take no longer than 3 months after
a requirement is identified;
(2) planned frequent and iterative end user validation of
implemented features and their usability;
(3) delivery of a functional prototype or minimally viable
product in 3 months or less from award; and
(4) follow-on delivery of iterative development cycles no
longer than 4 weeks apart, including security testing and
configuration management as applicable.
(f) Oversight Metrics.--The Secretary shall ensure that the
selected activities--
(1) use a modern tracking tool to execute requirements
backlog tracking; and
(2) use agile development metrics that, at a minimum,
track--
(A) pace of work accomplishment;
(B) completeness of scope of testing activities (such as
code coverage, fault tolerance, and boundary testing);
(C) product quality attributes (such as major and minor
defects and measures of key performance attributes and
quality attributes);
(D) delivery progress relative to the current product
roadmap; and
(E) goals for each iteration.
(g) Data Rights.--
(1) Unclassified software.--
(A) Department of defense rights.--The Department of
Defense shall obtain sufficient data rights for unclassified
software so that all custom computer software developed under
the pilot activities are managed as open source software.
(B) Public availability.--The contractor shall publicly
develop and release the source code for unclassified custom
software in a public repository with a license through which
the copyright holder provides the rights to use, study,
reuse, modify, enhance, and distribute the software to anyone
and for any purpose.
(2) Other software.--For all other custom software
delivered under the pilot activities, the Department of
Defense shall obtain sufficient data rights to enable a third
party, other than the pilot contractor, to continue
development and maintenance activities throughout the program
lifecycle.
(h) Restrictions.--
[[Page S5935]]
(1) Use of funds.--No funds made available for the selected
activities may be expended on estimation or evaluation using
source lines of code methodologies.
(2) Contract types.--The Secretary of Defense may not use
lowest price technically acceptable contracting methods or
cost plus contracts to carry out selected activities under
this section, and shall encourage the use of existing
streamlined and flexible contracting arrangements.
(i) Consultation.--In executing the software development
activities under subsection (a), the Secretary shall--
(1) use the tools, resources, and expertise of digital and
innovation organizations resident in the Department, such as
the Defense Innovation Board, the Defense Innovation Unit
Experimental, the Defense Science Board, the Defense Business
Board, the Defense Digital Services, federally funded
research and development centers, research laboratories, and
other technical, management, and acquisition experts; and
(2) use, as appropriate, the digital development and
acquisition expertise of the General Services Administration.
(j) Reports.--
(1) Software development activity commencement.--
(A) In general.--Not later than 30 days before the
commencement of a software development activity under
subsection (a), the Secretary shall submit to the
congressional defense committees a report on the pilot
activity.
(B) Elements.--The report on a pilot activity under this
paragraph shall set forth a description of the pilot
activity, including the following information:
(i) The purpose of the pilot activity.
(ii) The duration of the pilot activity.
(iii) The efficiencies and benefits anticipated to accrue
to the Government under the pilot program.
(2) Software development activity completion.--
(A) In general.--Not later than 60 days after the
completion of a pilot activity, the Secretary shall submit to
the congressional defense committees a report on the pilot
activity.
(B) Elements.--The report on a pilot activity under this
paragraph shall include the following elements:
(i) A description of results of the pilot activity.
(ii) Such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
pilot activity.
(k) Agile Acquisition Defined.--In this section, the term
``agile acquisition''--
(1) means acquisition pursuant to a methodology for
delivering multiple, rapid, incremental capabilities to the
user for operational use, evaluation, and feedback; and
(2) involves--
(A) the incremental development and fielding of
capabilities, commonly called ``spirals'', ``spins'', or
``sprints'', which can be measured in a few weeks or months;
and
(B) continuous participation and collaboration by users,
testers, and requirements authorities.
SEC. 886. USE OF OPEN SOURCE SOFTWARE.
(a) Open Source Software.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by inserting after section 2320 the
following new section:
``Sec. 2320a. Use of open source software
``(a) Software Development.--All unclassified custom-
developed computer software and related technical data that
is not a defense article regulated pursuant to section 38 of
the Arms Export Control Act (22 U.S.C. 2778) and that is
developed under a contract or other transaction awarded by
the Department of Defense on or after the date that is 180
days after the date of the enactment of this section shall be
managed as open source software unless specifically waived by
the service acquisition executive.
``(b) Release of Software in Public Repository.--The
Secretary of Defense shall require the contractor to release
source code and related technical data described under
subsection (a) in a public repository approved by the
Department of Defense, subject to a license through which the
copyright holder provides the rights to use, study, reuse,
modify, enhance, and distribute the software to anyone and
for any purpose.
``(c) Applicability to Existing Software.--The Secretary of
Defense shall, where appropriate--
``(1) seek to negotiate open source licenses to existing
custom-developed computer software with contractors that
developed it; and
``(2) release related source code and technical data in a
public repository location approved by the Department of
Defense.
``(d) Definitions.--In this section:
``(1) Custom-developed computer software.--The term
`custom-developed computer software'--
``(A) means human-readable source code, including
segregable portions thereof, that is--
``(i) first produced in the performance of a Department of
Defense contract, grant, cooperative agreement, or other
transaction; or
``(ii) developed by a contractor or subcontractor
exclusively with Federal funds (other than an item or process
developed under a contract or subcontract to which
regulations under section 9(j)(2) of the Small Business Act
(15 U.S.C. 638(j)(2)) apply); and
``(B) does not include Commercial Off-The-Shelf software,
or packaged software developed exclusively at private
expense, whether delivered as a Cloud Service, in binary
form, or by any other means of software delivery.
``(2) Technical data.--The term `technical data' has the
meaning given the term in section 2302 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 2320 the following new item:
``2320a. Use of open source software.''.
(b) Prize Competition.--The Secretary of Defense shall
create a prize for a research and develop program or other
activity for identifying, capturing, and storing existing
Department of Defense custom-developed computer software and
related technical data. The Secretary of Defense shall create
an additional prize for improving, repurposing, or reusing
software to better support the Department of Defense mission.
The prize programs shall be conducted in accordance with
section 2374a of title 10, United States Code.
(c) Reverse Engineering.--The Secretary of Defense shall
task the Defense Advanced Research Program Agency with a
project to identify methods to locate and reverse engineer
Department of Defense custom-developed computer software and
related technical data for which source code is unavailable.
(d) Definitions.--In this section:
(1) Custom-developed computer software.--The term ``custom-
developed computer software''--
(A) means human-readable source code, including segregable
portions thereof, that is--
(i) first produced in the performance of a Department of
Defense contract, grant, cooperative agreement, or other
transaction; or
(ii) developed by a contractor or subcontractor exclusively
with Federal funds (other than an item or process developed
under a contract or subcontract to which regulations under
section 9(j)(2) of the Small Business Act (15 U.S.C.
638(j)(2)) apply); and
(B) does not include Commercial Off-The-Shelf software, or
packaged software developed exclusively at private expense,
whether delivered as a Cloud Service, in binary form, or by
any other means of software delivery.
(2) Technical data.--The term ``technical data'' has the
meaning given the term in section 2302 of title 10, United
States Code.
(e) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
amend the Defense Federal Acquisition Regulation Supplement
to carry out this section and the amendments made by this
section.
Subtitle J--Other Matters
SEC. 891. IMPROVED TRANSPARENCY AND OVERSIGHT OVER DEPARTMENT
OF DEFENSE RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION EFFORTS AND PROCUREMENT ACTIVITIES
RELATED TO MEDICAL RESEARCH.
The Secretary of Defense may not enter into a contract,
grant, or cooperative agreement for congressional special
interest medical research programs under the congressionally
directed medical research program of the Department of
Defense unless the contract, grant, or cooperative agreement
meets the following conditions:
(1) Compliance with the cost and price data requirements
under section 2306a of title 10, United States Code.
(2) Compliance with the cost accounting standards under
section 1502 of title 41, United States Code.
(3) Compliance with requirements for full and open
competition under section 2304 of title 10, United States
Code, without reliance on one of the exceptions set forth in
subsection (c) of such section.
SEC. 892. RIGHTS IN TECHNICAL DATA RELATED TO MEDICAL
RESEARCH.
The Secretary of Defense may not enter into a contract,
grant, or cooperative agreement for congressional special
interest medical research programs under the congressionally
directed medical research program of the Department of
Defense unless the contract, grant, or cooperative agreement
provides that the United States Government will have the same
rights to the technical data to an item or process developed
under the contract, grant, or cooperative agreement as
applicable under section 2320(a)(2)(A) of title 10, United
States Code, to items and processes developed exclusively
with Federal funds where the medical research results in
medicines and other treatments that will be procured or
otherwise paid for by the Federal Government through the
Department of Defense, the Department of Veterans Affairs,
Medicare, Medicaid, or other Federal Government health
programs.
SEC. 893. OVERSIGHT, AUDIT, AND CERTIFICATION FROM THE
DEFENSE CONTRACT AUDIT AGENCY FOR PROCUREMENT
ACTIVITIES RELATED TO MEDICAL RESEARCH.
The Secretary of Defense may not enter into a contract,
grant, or cooperative agreement for congressional special
interest medical research programs under the congressionally
directed medical research program of the Department of
Defense unless the contract, grant, or cooperative agreement
meets the following conditions:
(1) Prior to obligation of any funds, review by and
certification from the Defense Contract Audit Agency
regarding the adequacy of the accounting systems of the
proposed awardee, including a forward pricing review of the
awardee's proposal.
(2) Prior to any payment on the contract, grant, or
cooperative agreement, performance by the Defense Contract
Audit Agency of an incurred cost audit.
SEC. 894. REQUIREMENTS FOR DEFENSE CONTRACT AUDIT AGENCY
REPORT.
Subparagraph (E) of section 2313a(a)(2) of title 10, United
States Code, is amended to read as follows:
``(E) the total number and dollar value of audits that are
pending for a period longer than 18 months as of the end of
the fiscal year covered by the report, including a breakdown
by type of audit;''.
[[Page S5936]]
SEC. 895. PROTOTYPE PROJECTS TO DIGITIZE DEFENSE ACQUISITION
REGULATIONS, POLICIES, AND GUIDANCE, AND
EMPOWER USER TAILORING OF ACQUISITION PROCESS.
(a) In General.--The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering,
shall conduct development efforts to develop prototypes to
digitize defense acquisition regulations, policies, and
guidance and to develop a digital decision support tool that
facilitates the ability of users to tailor programs in
accordance with existing laws, regulations, and guidance.
(b) Elements.--Under the prototype projects, the Secretary
shall--
(1) convert existing acquisition policies, guides, memos,
templates, and reports to an online, interactive digital
format to create a dynamic, integrated, and authoritative
knowledge environment for purposes of assisting program
managers and the acquisition workforce of the Department of
Defense to navigate the complex lifecycle for each major type
of acquisition program or activity of the Department;
(2) as part of this digital environment, create a digital
decision support capability that uses decision trees and
tailored acquisition models to assist users to develop
strategies and facilitate coordination and approvals; and
(3) as part of this environment, establish a foundational
data layer to enable advanced data analytics on the
acquisition enterprise of the Department, to include business
process reengineering to improve productivity.
(c) Use of Prototypes in Acquisition Activities.--The Under
Secretary of Defense for Research and Engineering shall
encourage the use of these prototypes to model, develop, and
test any procedures, policies, instructions, or other forms
of direction and guidance that may be required to support
acquisition training, practices, and policies of the
Department of Defense.
(d) Funding.--The Secretary may use the authority under
section 1705(e)(4)(B) of title 10, United States Code, to
develop acquisition support prototypes and tools under this
program.
SEC. 896. PILOT PROGRAM FOR ADOPTION OF ACQUISITION STRATEGY
FOR DEFENSE BASE ACT INSURANCE.
(a) In General.--The Secretary of Defense shall establish a
pilot program for the United States Army Corps of Engineers
(USACE) for purposes of adopting an acquisition strategy for
insurance required by the Defense Base Act (42 U.S.C. 1651 et
seq.) in order to minimize the cost of such insurance to the
Department of Defense.
(b) Criteria.--The pilot program acquisition strategy
developed pursuant to subsection (a) shall address the
following criteria:
(1) Minimize overhead costs associated with obtaining
insurance required by the Defense Base Act, such as direct or
indirect costs for contract management and contract
administration.
(2) Minimize costs for coverage of such insurance
consistent with realistic assumptions regarding the
likelihood of incurred claims by contractors of the
Department and USACE.
(3) Provide for a correlation of premiums paid in relation
to claims incurred that is modeled on best practices in
government and industry for similar kinds of insurance.
(4) Provide for a competitive marketplace for insurance
required by the Defense Base Act to the maximum extent
practicable.
(c) Single Contract.--
(1) In general.--In adopting the pilot program acquisition
strategy pursuant to subsection (a), the Secretary shall
enter into a single Defense Base Act insurance contract for
USACE for contracts involving performance in all theaters,
and potentially including combat operations.
(2) Scope.--The contract shall extend to all categories of
insurance coverage, including construction, aviation,
security, and services contracts.
(3) Term.--The contract entered into under this subsection
shall be in effect for at least 3 years, or as considered
appropriate by the Secretary.
(d) 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 pilot
program and the acquisition strategy adopted pursuant to
subsection (a).
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a discussion of each of the options considered and the
extent to which each option addresses the criteria identified
under subsection (b); and
(B) a plan to implement within 18 months after the date of
enactment of this Act the acquisition strategy adopted by the
Secretary.
(e) Review and Renewal of Pilot Program and Acquisition
Strategy.--The Secretary shall review the pilot program and
may renew the program, provided that the objectives have been
reached.
SEC. 897. PHASE III AWARDS.
Section 9(r)(4) of the Small Business Act (15 U.S.C.
638(r)(4)) is amended by striking ``shall issue Phase III
awards'' and inserting the following: ``shall--
``(A) consider an award under the SBIR program or the STTR
program to satisfy the requirements under section 2304 of
title 10, United States Code, and any other applicable
competition requirements; and
``(B) issue, without further justification, Phase III
awards''.
SEC. 898. PILOT PROGRAM FOR STREAMLINED TECHNOLOGY TRANSITION
FROM THE SBIR AND STTR PROGRAMS OF THE
DEPARTMENT OF DEFENSE.
(a) Definitions.--In this section--
(1) the terms ``commercialization'', ``Federal agency'',
``Phase I'', ``Phase II'', ``Phase III'', ``SBIR'', and
``STTR'' have the meanings given those terms in section 9(e)
of the Small Business Act (15 U.S.C. 638(e));
(2) the term ``covered small business concern'' means--
(A) a small business concern that completed a Phase II
award under the SBIR or STTR program of the Department; or
(B) a small business concern that--
(i) completed a Phase I award under the SBIR or STTR
program of the Department; and
(ii) a contracting officer for the Department recommends
for inclusion in a multiple award contract described in
subsection (b);
(3) the term ``Department'' means the Department of
Defense;
(4) the term ``multiple award contract'' has the meaning
given the term in section 3302(a) of title 41, United States
Code;
(5) the term ``pilot program'' means the pilot program
established under subsection (b); and
(6) the term ``small business concern'' has the meaning
given the term in section 3 of the Small Business Act (15
U.S.C. 632).
(b) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Defense shall
establish a pilot program under which the Department shall
award multiple award contracts to covered small business
concerns for the purchase of technologies, supplies, or
services that the covered small business concern has
developed through the SBIR or STTR program.
(c) Waiver of Competition in Contracting Act
Requirements.--The Secretary of Defense may establish
procedures to waive provisions of section 2304 of title 10,
United States Code, for purposes of carrying out the pilot
program.
(d) Use of Contract Vehicle.--A multiple award contract
described in subsection (b) may be used by any service or
component of the Department.
(e) Termination.--The pilot program established under this
section shall terminate on September 30, 2023.
(f) Rule of Construction.--Nothing in this section shall be
construed to prevent the commercialization of products and
services produced by a small business concern under an SBIR
or STTR program of a Federal agency through--
(1) direct awards for Phase III of an SBIR or STTR program;
or
(2) any other contract vehicle.
SEC. 899. ANNUAL REPORT ON LIMITATION OF SUBCONTRACTOR
INTELLECTUAL PROPERTY RIGHTS.
Not later than 180 days after the date of the enactment of
this Act, and annually thereafter for five years, the
Secretary of Defense shall submit to the congressional
defense committees a report listing all contracts entered
into during the previous fiscal year using procedures under
part 15 of the Federal Acquisition Regulation where the prime
contractor limited the intellectual property rights of one or
more subcontractors without being required to do so by the
United States Government.
SEC. 899A. EXTENSION FROM 20 TO 30 YEARS OF MAXIMUM TOTAL
PERIOD FOR DEPARTMENT OF DEFENSE CONTRACTS FOR
STORAGE, HANDLING, OR DISTRIBUTION OF LIQUID
FUELS AND NATURAL GAS.
(a) Extension.--Section 2922(b) of title 10, United States
Code, is amended by striking ``a total of 20 years'' and
inserting ``a total of 30 years''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2027, and shall apply with
respect to contracts entered into on or after such date.
SEC. 899B. EXCEPTION FOR DEPARTMENT OF DEFENSE CONTRACTS FROM
REQUIREMENT THAT BUSINESS OPERATIONS CONDUCTED
UNDER GOVERNMENT CONTRACTS ACCEPT AND DISPENSE
$1 COINS.
Section 5112(p)(1) of title 31, United States Code, is
amended by inserting ``, with the exception of business
operations conducted by any entity under a contract with the
Department of Defense,'' before ``shall take such action''.
SEC. 899C. INVESTING IN RURAL SMALL BUSINESSES.
(a) Flexibility for Residency in HUBZones.--Section
3(p)(5)(A)(i)(I) of the Small Business Act (15 U.S.C.
632(p)(5)(A)(i)(I)) is amended by striking ``35 percent''
each place that term appears and inserting ``33 percent''.
(b) Enabling Local Communities To Maximize Economic
Potential.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
(1) in section 3(p)(1) (15 U.S.C. 632(p)(1))--
(A) in subparagraph (E), by striking ``or'' at the end;
(B) by redesignating subparagraph (F) as subparagraph (G);
and
(C) by inserting after subparagraph (E) the following:
``(F) another qualified area designated by the
Administrator under section 31(d); or''; and
(2) in section 31 (15 U.S.C. 657a)--
(A) by redesignating subsection (d) as subsection (e); and
(B) by inserting after subsection (c) the following:
``(d) Other Qualified Areas.--
``(1) Definitions.--In this subsection--
``(A) the term `covered area' means an area in a State--
``(i) that is located outside of an urbanized area, as
determined by the Bureau of the Census; and
``(ii) with a population of not more than 50,000;
``(B) the term `governor' means the chief executive of a
State; and
``(C) the term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, the Commonwealth of the Northern
Mariana Islands, and American Samoa.
``(2) Designation.--A governor may petition the
Administrator to designate one or more covered areas as a
HUBZone if the average unemployment rate of each covered area
is not less
[[Page S5937]]
than 120 percent of the average unemployment rate of the
United States or of the State in which the covered area is
located, whichever is less, based on the most recent data
available from the American Community Survey conducted by the
Bureau of the Census.
``(3) Criteria.--In reviewing a petition submitted by a
governor under paragraph (2), the Administrator may
consider--
``(A) the potential for job creation and investment;
``(B) the demonstrated interest of small business concerns
in the covered area to participate in the HUBZone program
established under section 31; and
``(C) the consideration by State and local government
officials of a HUBZone as part of an economic development
strategy.
``(4) Petition.--With respect to a petition submitted by a
governor to the Administrator under paragraph (2)--
``(A) the governor may submit not more than 1 petition in a
fiscal year unless the Administrator determines that an
additional petition from the State of the governor is
appropriate;
``(B) the governor may not submit a petition for more than
10 percent of the total number of covered areas in the State
of the governor; and
``(C) if the Administrator grants the petition and
designates one or more covered areas as a HUBZone, the
governor shall, not less frequently than annually, submit
data to the Administrator certifying that each covered area
continues to meet the requirements of clauses (i) and (ii) of
paragraph (1)(A).
``(5) Process.--The Administrator shall establish
procedures--
``(A) to ensure that the Administration accepts petitions
under paragraph (2) from all States each fiscal year; and
``(B) to provide technical assistance, before the filing of
a petition under paragraph (2), to a governor who is
interested in filing such a petition.''.
(c) Ensuring Timely Consideration of HUBZone
Applications.--Section 3(p)(5) of the Small Business Act (15
U.S.C. 632(p)(5)) is amended by adding at the end the
following:
``(C) Review of applications.--Not later than 60 days after
the date on which the Administrator receives an application
from a small business concern to be certified as a qualified
HUBZone small business concern under subparagraph (A)(i), the
Administrator shall approve or deny the application.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF
DEFENSE.
(a) Chief Management Officer.--
(1) In general.--Effective February 1, 2018, section 132a
of title 10, United States Code, is amended to read as
follows:
``Sec. 132a. Chief Management Officer
``(a) Appointment.--There is a Chief Management Officer of
the Department of Defense, appointed from civilian life by
the President, by and with the advice and consent of the
Senate. The Chief Management Officer shall be appointed from
among persons who have an extensive management or business
background and experience with managing large or complex
organizations. A person may not be appointed as Chief
Management Officer within seven years after relief from
active duty as a commissioned officer of a regular component
of an armed force.
``(b) Responsibilities.--Subject to the authority,
direction, and control of the Secretary of Defense, the Chief
Management Officer shall perform such duties and exercise
such powers as the Secretary may prescribe, including--
``(1) serving as the chief management officer of the
Department of Defense with the mission of managing the
business operations of the Department;
``(2) serving as the principal advisor to the Secretary on
establishing policies for, and directing, all business
operations of the Department, including business
transformation, business planning and processes, performance
management, and business information technology management
and improvement activities and programs, including the
allocation of resources for business operations and unifying
business management efforts across the Department;
``(3) exercising authority, direction, and control over the
Defense Agencies and Department of Defense Field Activities
providing shared business services for the Department that
are designated by the Secretary for purposes of this
paragraph;
``(4) as of January 1, 2019--
``(A) serving as the Chief Information Officer of the
Department for purposes of section 2222 of this title;
``(B) administering the responsibilities and duties
specified in sections 11315 and 11319 of title 40, section
3506(a)(2) of title 44, and section 2223(a) of this title for
business systems and management; and
``(C) any responsibilities, duties, and powers relating to
business systems or management that are exercisable by a
chief information officer for the Department, other than
those responsibilities, duties, and powers of a chief
information officer that are vested in the Chief Information
Warfare Officer by section 142 of this title;
``(5) serving as the official with principal responsibility
in the Department for providing for the availability of
common, usable, Defense-wide data sets with applications such
as improving acquisition outcomes and personnel management;
and
``(6) the authority to direct the Secretaries of the
military departments and the heads of all other elements of
the Department with regard to matters for which the Chief
Management Officer has responsibility under this section.
``(c) Precedence.--The Chief Management Officer takes
precedence in the Department of Defense after the Secretary
of Defense and the Deputy Secretary of Defense.''.
(2) Clerical amendment.--Effective February 1, 2018, the
table of sections at the beginning of chapter 4 of such title
is amended by striking the item relating to section 132a and
inserting the following new item:
``132a. Chief Management Officer.''.
(b) Conforming Repeal of Prior Authorities on CMO.--
(1) In general.--Effective on January 31, 2018, subsection
(c) of section 901 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2341; 10
U.S.C. 131 note) is repealed, and the amendments to be made
by paragraph (4) of that subsection shall not be made.
(2) Further conforming amendments.--Effective on February
1, 2018, section 132 of title 10, United States Code, is
amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(c) Conforming Amendments on Precedence in DoD.--Effective
on February 1, 2018, and immediately after the coming into
effect of the amendments made by section 901 of the National
Defense Authorization Act for Fiscal Year 2017--
(1) section 131(b) of title 10, United States Code, is
amended--
(A) by redesignating paragraphs (2) through (9) as
paragraphs (3) through (10), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Chief Management Officer of the Department of
Defense.'';
(2) section 133a(c) of such title is amended--
(A) in paragraph (1), by striking ``and the Deputy
Secretary of Defense'' and inserting ``, the Deputy Secretary
of Defense, and the Chief Management Officer of the
Department of Defense''; and
(B) in paragraph (2), by inserting ``the Chief Management
Officer,'' after ``the Deputy Secretary,''; and
(3) section 133b(c) of such title is amended--
(A) in paragraph (1), by inserting ``the Chief Management
Officer of the Department of Defense,'' after ``the Deputy
Secretary of Defense,''; and
(B) in paragraph (2), by inserting ``the Chief Management
Officer,'' after ``the Deputy Secretary,''.
(d) Executive Schedule Level II.--Effective on February 1,
2018, and immediately after the coming into effect of the
amendment made by section 901(h) of the National Defense
Authorization Act for Fiscal Year 2017, section 5313 of title
5, United States Code, is amended by inserting before the
item relating to the Under Secretary of Defense for Research
and Engineering the following new item:
``Chief Management Officer of the Department of Defense.''.
(e) Service of Incumbent Deputy Chief Management Officer as
Chief Management Officer Upon Commencement of Latter Position
Without Further Appointment.--The individual serving in the
position of Deputy Chief Management Officer of the Department
of Defense as of February 1, 2018, may continue to serve as
Chief Management Officer of the Department of Defense under
section 132a of title 10, United States Code (as amended by
subsection (a)), commencing as of that date without further
appointment pursuant to such section 132a.
(f) Report on Defense Agencies and Field Activities
Providing Shared Business Services.--Not later than January
15, 2018, the Secretary of Defense shall submit to the
congressional defense committees a report specifying each
Defense Agency and Department of Defense Field Activity
providing shared business services for the Department of
Defense that is to be designated by the Secretary for
purposes of subsection (b)(3) of section 132a of title 10,
United States Code (as so amended), as of the coming into
effect of such section 132a.
(g) Notice to Congress on Transfer of Oversight of Defense
Agencies and Field Activities With Business-support Functions
to CMO.--Upon the transfer of responsibility for oversight of
a Defense Agency or Department of Defense Field Activity
specified in subsection (c) of section 132a of title 10,
United States Code (as so amended), to the Chief Management
Officer of the Department of Defense, the Secretary of
Defense shall submit to the congressional defense committees
a notice on the transfer, including the Defense Agency or
Field Activity subject to the transfer and a description of
the nature and scope of the responsibility for oversight
transferred.
SEC. 902. REALIGNMENT OF RESPONSIBILITIES, DUTIES, AND POWERS
OF CHIEF INFORMATION OFFICER OF THE DEPARTMENT
OF DEFENSE.
(a) In General.--Effective on January 1, 2019, the
responsibilities, duties, and powers vested in the Chief
Information Officer of the Department of Defense as of
December 31, 2018, are realigned as follows:
(1) There is vested in the Chief Information Warfare
Officer of the Department of Defense the responsibilities,
duties, and powers provided for by section 142 of title 10,
United States Code (as amended by subsection (b)).
(2) There is vested in the Chief Management Officer of the
Department of Defense any responsibilities, duties, and
powers vested in the Chief Information Officer of the
Department of Defense as of December 31, 2018, that are not
vested in the Chief Information Warfare Officer by paragraph
(1) and such section 142.
(b) Chief Information Warfare Officer.--
(1) In general.--Section 142 of title 10, United States
Code, is amended to read as follows:
[[Page S5938]]
``Sec. 142. Chief Information Warfare Officer
``(a) In General.--(1) There is a Chief Information Warfare
Officer of the Department of Defense, who shall be appointed
from among civilians who are qualified to serve as the Chief
Information Warfare Officer by the President, by and with the
advice and consent of the Senate.
``(2) The Chief Information Warfare Officer shall report
directly to the Secretary of Defense in the performance of
duties under this section.
``(b) Responsibility and Authority.--(1) Subject to the
authority, direction, and control of the Secretary of
Defense, the Chief Information Warfare Officer is responsible
for all matters relating to the information environment of
the Department of Defense and has the authority to establish
policy for, and direct the Secretaries of the military
departments and the heads of all other elements of the
Department relating to, the matters as follow:
``(A) Space and space launch systems.
``(B) Communications networks and information technology
(other than business systems).
``(C) National security systems.
``(D) Information assurance and cybersecurity.
``(E) Electronic warfare and cyber warfare.
``(F) Nuclear command and control and senior leadership
communications systems.
``(G) Command and control systems and networks.
``(H) The electromagnetic spectrum.
``(I) Positioning, navigation, and timing.
``(J) Any other matters assigned to the Chief Information
Officer of the Department of Defense, not relating to
business systems or management, in sections 2223 and 2224 of
this title, sections 11315 and 11319 of title 40, and
sections 3506 and 3544 of title 44.
``(2) In addition to the responsibilities in paragraph (1),
the responsibilities of the Chief Information Warfare Officer
include--
``(A) exercising authority, direction, and control over the
missions, programs, and organizational elements pertaining to
information assurance (formally Information Assurance
Directorate) of the National Security Agency;
``(B) exercising authority, direction, and control over the
Defense Information Systems Agency, or any successor
organization, for the matters described in paragraph (1); and
``(C) responsibilities for policy, oversight, guidance, and
coordination for all Department matters relating to the
electromagnetic spectrum, including--
``(i) coordination with other Federal agencies and the
private sector;
``(ii) coordination for classified programs; and
``(iii) in coordination with the Under Secretary for
Personnel and Health, the spectrum management workforce.
``(3) Notwithstanding the exemptions for the Department of
Defense in section 11319 of title 40, the authority of the
Chief Information Warfare Officer to direct the secretaries
of the military departments for information warfare matters
as provided in paragraph (1) shall include--
``(A) playing a significant and directive role in the
decision processes for all annual and multi-year planning,
programming, budgeting, and execution decisions, including
the authority to realign the elements of the budgets and
budget requests of the military departments that pertain to
the responsibilities of the Chief Information Warfare
Officer;
``(B) reviewing and approving any funding request or
reprogramming request;
``(C) ensuring that the military departments comply with
Government and Department standards on a matter described in
paragraph (1) or (2);
``(D) reviewing and approving the appointment of any other
employee who functions in the capacity of a Chief Information
Officer or a Chief Information Warfare Officer for any
component within the Department, except for the Chief
Management Officer of the Department of Defense; and
``(E) participating in all meetings, management, and
decision-making forums on issues pertaining to any matter
described in paragraph (1) or (2).
``(4) The Chief Information Warfare Officer shall oversee
and may require that programs of the military departments
comply with such direction and standards as the Chief
Information Warfare Officer may establish relating to a
matter described in paragraph (1) or (2).
``(5) The Chief Information Warfare Officer shall perform
such additional duties and exercise such additional powers as
the Secretary may prescribe.
``(c) Chief Information Officer for Certain Purposes.--The
Chief Information Warfare Officer--
``(1) is the Chief Information Officer of the Department of
Defense for purposes of 3554(a)(3) of title 44 and section
2224 of this title; and
``(2) in coordination with the Chief Management Officer of
the Department of Defense, is the Chief Information Officer
of the Department of Defense for purposes of section 11315 of
title 40 and section 2223 of this title.
``(d) Principal Cyber Advisor.--In addition to any other
duties under this section, the Chief Information Warfare
Officer shall serve as Principal Cyber Advisor under section
932(c) of the National Defense Authorization Act for Fiscal
Year 2014 (10 U.S.C. 2224 note).
``(e) Principal Department of Defense Space Advisor.--In
addition to any other duties under this section, the Chief
Information Warfare Officer shall perform the duties of the
Principal Department of Defense Space Advisor in accordance
with Department of Defense Directive 5100.96 and any
succeeding directive.
``(f) Collaborative Mechanisms.--(1) The Secretary of
Defense shall establish collaboration mechanisms between the
Chief Information Warfare Officer and the Under Secretary of
Defense for Intelligence, the Under Secretary of Defense for
Policy, the Chairman of the Joint Chiefs of Staff, and the
Assistant Secretary of Defense for Public Affairs for
purposes of developing and overseeing the execution of
offensive and defensive information warfare strategies,
plans, programs, and operations.
``(2) The strategies, plans, programs and operations shall
appropriately integrate cyber, electronic, and
electromagnetic spectrum warfare, military deception,
military information support operations, and public affairs
to conduct, counter, and deter information warfare.
``(g) Precedence in DoD.--(1) The Chief Information Warfare
Officer shall take precedence in the Department of Defense
with the officials serving in positions specified in section
131(b)(2) of this title.
``(2) The officials serving in positions specified in such
section and the Chief Information Warfare Officer take
precedence among themselves in the order prescribed by the
Secretary.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by striking
the item relating to section 142 and inserting the following
new item:
``142. Chief Information Warfare Officer.''.
(3) Executive schedule level ii.--Section 5313 of title 5,
United States Code, is amended by inserting after the item
relating to the Deputy Secretary of Defense the following new
item:
``Chief Information Warfare Officer of the Department of
Defense.''.
(4) References.--Any reference to the Chief Information
Officer of the Department of Defense in any law, regulation,
map, document, record, or other paper of the United States in
that official's capacity as the official responsible for the
information security and information dominance of the
Department of Defense shall be deemed to be a reference to
Chief Information Warfare Officer of the Department of
Defense.
(5) Principal cyber advisor.--Paragraph (1) of section
932(c) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 829; 10 U.S.C. 2224
note) is amended to read as follows:
``(1) In general.--The Chief Information Warfare Officer of
the Department of Defense under section 142 of title 10,
United States Code, shall serve as the Principal Cyber
Advisor to act as the principal advisor to the Secretary on
military cyber forces and activities.''.
(6) Standards for networks.--A military department may not
develop or procure a network that does not fully comply with
such standards as the Chief Information Warfare Officer under
section 142 of title 10, United States Code (as amended by
paragraph (1)), may establish relating to a matter described
in subsection (b) of such section.
(7) Alternative proposal.--Not later than March 1, 2018,
the Secretary of Defense shall submit to the congressional
defense committees a proposal for such alternatives or
modifications to the realignment of responsibilities required
by section 142 of title 10, United States Code (as so
amended), as the Secretary considers appropriate, together
with an implementation plan for such proposal. The proposal
may not be carried out unless approved by statute.
(8) Quarterly briefing on implementation.--Not later than
January 30, 2018, and every 90 days thereafter through
January 1, 2019, the Secretary shall provide to the
congressional defense committees a briefing on the status of
the implementation of the Chief Information Warfare Officer
of the Department of Defense under section 142 of title 10,
United States Code (as so amended), during the preceding 90
days.
(9) Effective date.--
(A) In general.--Except as provided in subparagraph (B),
this subsection and the amendments made by this subsection
shall take effect on January 1, 2019.
(B) Interim matters.--Paragraphs (7) and (8) of this
subsection shall take effect on the date of the enactment of
this Act.
SEC. 903. CLARIFICATION OF AUTHORITY OF UNDER SECRETARY OF
DEFENSE FOR ACQUISITION AND SUSTAINMENT WITH
RESPECT TO SERVICE ACQUISITION PROGRAMS FOR
WHICH THE SERVICE ACQUISITION EXECUTIVE IS THE
MILESTONE DECISION AUTHORITY.
Effective on February 1, 2018, and immediately after the
coming into effect of the amendment made by section 901(b) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), subsection (b)(6) of section 133b of
title 10, United States Code, as added by such section
901(b), is amended by striking ``supervisory authority'' and
inserting ``advisory authority''.
SEC. 904. EXECUTIVE SCHEDULE MATTERS RELATING TO UNDER
SECRETARY OF DEFENSE FOR ACQUISITION AND
SUSTAINMENT.
(a) Inapplicability of Pending Amendment.--The amendment to
be made by section 901(h) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2342) with regard to the Under Secretary of Defense
for Acquisition and Sustainment shall not be made.
(b) Executive Schedule Level III.--Effective on February 1,
2018, section 5314 of title 5, United States Code, is amended
by inserting before the item relating to the Under Secretary
of Defense for Policy the following:
``Under Secretary of Defense for Acquisition and
Sustainment.''.
SEC. 905. TECHNICAL AMENDMENT.
Section 901(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2339; 10
U.S.C. 133a note) is amended--
(1) by striking ``Research and Engineering.--'' and all
that follows through ``Effective on February 1, 2018'' and
inserting ``Research
[[Page S5939]]
and Engineering.--Effective on February 1, 2018''; and
(2) by striking paragraph (2).
SEC. 906. REDESIGNATION OF UNDER SECRETARY OF DEFENSE FOR
PERSONNEL AND READINESS AS UNDER SECRETARY OF
DEFENSE FOR PERSONNEL AND HEALTH.
(a) Redesignation.--
(1) In general.--Section 136 of title 10, United States
Code, is amended by striking ``and Readiness'' each place it
appears and inserting ``and Health''.
(2) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 136. Under Secretary of Defense for Personnel and
Health''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by striking
the item relating to section 136 and inserting the following
new item:
``136. Under Secretary of Defense for Personnel and Health.''.
(b) Conforming Amendments.--
(1) Title 10.--
(A) Subparagraph (D) of section 131(b)(2) of title 10,
United States Code, is amended to read as follows:
``(D) The Under Secretary of Defense for Personnel and
Health.''.
(B) Section 137(c) of such title is amended by striking
``and Readiness'' and inserting ``and Health''.
(2) Executive schedule level iii.--Section 5314 of title 5,
United States Code, is amended by striking the item relating
to the Under Secretary of Defense for Personnel and Readiness
and inserting the following new item:
``Under Secretary of Defense for Personnel and Health.''.
(c) References.--Any reference to the Under Secretary of
Defense for Personnel and Readiness in any law, regulation,
map, document, record, or other paper of the United States
shall be deemed to be a reference to the Under Secretary of
Defense for Personnel and Health.
SEC. 907. QUALIFICATIONS FOR APPOINTMENT AND ADDITIONAL
DUTIES AND POWERS OF CERTAIN OFFICIALS WITHIN
THE OFFICE OF THE UNDER SECRETARY OF DEFENSE
(COMPTROLLER).
(a) Under Secretary of Defense (Comptroller).--
(1) Qualification for appointment.--Subsection (a) of
section 135 of title 10, United States Code, is amended--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new paragraph:
``(2)(A) Any individual appointed as Under Secretary of
Defense (Comptroller) shall be an individual who--
``(i) has significant financial management service in--
``(I) a Federal or State agency that received an audit with
an unqualified opinion on such agency's financial statements
during the time of such individual's service; or
``(II) a public company that received an audit with an
unqualified opinion on such company's financial statements
during the time of such individual's service; or
``(ii) has served as chief financial officer, deputy chief
financial officer, or an equivalent executive-level position
with direct authority for financial management in a large
public or private sector organization.
``(B) In this paragraph, the term `public company' has the
meaning given the term `issuer' in section 2(7) of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(7)).''.
(2) Duties and powers.--Such section is further amended--
(A) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) In addition to any duties under subsection (c), the
Under Secretary of Defense (Comptroller) shall, subject to
the authority, direction, and control of the Secretary of
Defense, do the following:
``(1) Provide guidance and instruction on annual
performance plans and evaluations to the following:
``(A) The Assistant Secretaries of the military departments
for financial management.
``(B) Any other official of an agency, organization, or
element of the Department of Defense with responsibility for
financial management.
``(2) Give directions to the military departments, Defense
Agencies, and other organizations and elements of the
Department of Defense regarding their financial statements
and the audit and audit readiness of such financial
statements.''.
(b) Deputy Chief Financial Officer.--
(1) Qualification for appointment.--Any individual
appointed as Deputy Chief Financial Officer of the Department
of Defense shall be an individual who--
(A) has significant financial management service in--
(i) a Federal or State agency that received an audit with
an unqualified opinion on such agency's financial statements
during the time of such individual's service; or
(ii) a public company that received an audit with an
unqualified opinion on such company's financial statements
during the time of such individual's service; or
(B) has served as chief financial officer, deputy chief
financial officer, or an equivalent executive-level position
with direct authority for financial management in a large
public or private sector organization.
(2) Public company defined.--In this subsection, the term
``public company'' has the meaning given the term ``issuer''
in section 2(7) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7201(7)).
(c) Applicability.--This section and the amendments made by
this section shall take effect on the date of the enactment
of this Act, and shall apply with respect to appointments
that are made on or after that date.
SEC. 908. FIVE-YEAR PERIOD OF RELIEF FROM ACTIVE DUTY AS A
COMMISSIONED OFFICER OF A REGULAR COMPONENT OF
THE ARMED FORCES FOR APPOINTMENT TO UNDER
SECRETARY OF DEFENSE POSITIONS.
(a) Under Secretary of Defense for Research and
Engineering.--Effective on February 1, 2018, and immediately
after the coming into effect of the amendments made by
subsection (a) of the National Defense Authorization Act for
Fiscal Year 2017 (130 Stat. 2339), section 133a(a) of title
10, United States Code (as added by such subsection (a)), is
amended by striking ``seven years'' and inserting ``five
years''.
(b) Under Secretary of Defense for Acquisition and
Sustainment.--Effective on February 1, 2018, and immediately
after the coming into effect of the amendments made by
subsection (b) of the National Defense Authorization Act for
Fiscal Year 2017 (130 Stat. 2340), section 133b(a) of title
10, United States Code (as added by such subsection (b)), is
amended by striking ``seven years'' and inserting ``five
years''.
(c) Under Secretary of Defense for Policy.--Section 134(a)
of title 10, United States Code, is amended by striking
``seven years'' and inserting ``five years''.
(d) Under Secretary of Defense (Comptroller).--Section
135(a) of such title is amended by adding at the end the
following new sentence: ``A person may not be appointed as
Under Secretary within five years after relief from active
duty as a commissioned officer of a regular component of the
armed forces.''.
(e) Under Secretary of Defense for Personnel and Health.--
Subsection (a) of section 136 of such title, as amended by
section 906(a) of this Act, is further amended by adding at
the end the following new sentence: ``A person may not be
appointed as Under Secretary within five years after relief
from active duty as a commissioned officer of a regular
component of the armed forces.''.
(f) Under Secretary of Defense for Intelligence.--Section
137(a) of such title is amended by adding at the end the
following new sentence: ``A person may not be appointed as
Under Secretary within five years after relief from active
duty as a commissioned officer of a regular component of the
armed forces.''.
SEC. 909. REDESIGNATION OF PRINCIPAL DEPUTY UNDER SECRETARIES
OF DEFENSE AS DEPUTY UNDER SECRETARIES OF
DEFENSE AND RELATED MATTERS.
(a) Redesignation.--Section 137a of title 10, United States
Code, is amended by striking ``Principal'' each place it
appears.
(b) Increase in Authorized Number.--Subsection (a)(1) of
such section is amended by striking ``five'' and inserting
``six''.
(c) Replacement of ATL Position With Two Positions in
Connection With OSD Reform.--Subsection (c) of such section
is amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(2) by striking paragraph (1) and inserting the following
new paragraphs:
``(1) One of the Deputy Under Secretaries is the Deputy
Under Secretary of Defense for Research and Engineering.
``(2) One of the Deputy Under Secretaries is the Deputy
Under Secretary of Defense for Acquisition and
Sustainment.''.
(d) Redesignation of DUSD for Personnel and Readiness as
DUSD for Personnel and Health.--Paragraph (4) of subsection
(c) of such section, as amended and redesignated by this
section, is further amended by striking ``Personnel and
Readiness'' and inserting ``Personnel and Health''.
(e) Conforming Amendments.--
(1) OSD.--Paragraph (6) of section 131(b) of title 10,
United States Code, is amended to read as follows:
``(6) The Deputy Under Secretaries of Defense.''.
(2) Precedence.--Section 138(d) of such title is amended by
striking ``Principal''.
(f) Executive Schedule Level IV.--
(1) In general.--Section 5315 of title 5, United States
Code, is amended--
(A) by striking ``Principal'' in the items relating to the
Principal Deputy Under Secretary of Defense for Policy, the
Principal Deputy Under Secretary of Defense (Comptroller),
and the Principal Deputy Under Secretary of Defense for
Intelligence; and
(B) by striking the item relating to the Principal Deputy
Under Secretary of Defense for Personnel and Readiness and
inserting the following new item:
``Deputy Under Secretary of Defense for Personnel and
Health.''.
(2) OSD reform.--Section 5315 of such title is further
amended by inserting before the item relating to the Deputy
Under Secretary of Defense for Policy, as amended by
paragraph (1)(A), the following new items:
``Deputy Under Secretary of Defense for Research and
Engineering.
``Deputy Under Secretary of Defense for Acquisition and
Sustainment.''.
(g) Clerical Amendments.--
(1) Heading amendment.--The heading of section 137a of such
title is amended to read as follows:
``Sec. 137a. Deputy Under Secretaries of Defense''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by striking
the item relating to section 137a and inserting the following
new item:
``137a. Deputy Under Secretaries of Defense.''.
[[Page S5940]]
(h) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) ATL position amendments.--The amendments made by
subsections (b), (c), and (f)(2) of this section shall take
effect on February 1, 2018, immediately after the coming into
effect of the amendments made by subsections (a) and (b) of
section 901 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2339), to
which the amendments made by subsections (b), (c), and (f)(2)
of this section relate.
SEC. 910. REDUCTION OF NUMBER AND ELIMINATION OF SPECIFIC
DESIGNATIONS OF ASSISTANT SECRETARIES OF
DEFENSE.
(a) Reduction of Authorized Number.--Subsection (a)(1) of
section 138 of title 10, United States Code, is amended by
striking ``14'' and inserting ``13''.
(b) Elimination of Certain Specific Designations.--
Subsection (b) of such section is amended--
(1) by striking paragraphs (2), (3), and (5); and
(2) by redesignating paragraphs (4) and (6) as paragraphs
(2) and (3), respectively.
SEC. 911. LIMITATION ON MAXIMUM NUMBER OF DEPUTY ASSISTANT
SECRETARIES OF DEFENSE.
The maximum number of Deputy Assistant Secretaries of
Defense after the date of the enactment of this Act may not
exceed 46.
SEC. 912. MODIFICATION OF DEFINITION OF OSD PERSONNEL FOR
PURPOSES OF LIMITATION ON NUMBER OF OFFICE OF
SECRETARY OF DEFENSE PERSONNEL.
(a) Modification.--
(1) In general.--Section 143(b) of title 10, United States
Code, as amended by section 903(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328),
is further amended by striking ``and detailed personnel'' and
inserting ``detailed, and contractor personnel''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2018.
(b) Report on Number of Contractor Personnel in OSD and
Each Secretariate of the Military Departments.--Not later
than December 31, 2017, the Secretary of Defense shall submit
to the congressional defense committees a report specifying
the following:
(1) The number of contractor personnel in the Office of the
Secretary of Defense as of October, 1, 2017.
(2) The number of contractor personnel in each office of a
Secretary of a military department as of October 1, 2017.
Subtitle B--Organization of Other Department of Defense Offices and
Elements
SEC. 921. REDUCTION IN AUTHORIZED NUMBER OF ASSISTANT
SECRETARIES OF THE MILITARY DEPARTMENTS.
(a) Assistant Secretaries of the Army.--Section 3016(a) of
title 10, United States Code, is amended by striking ``five''
and inserting ``four''.
(b) Assistant Secretaries of the Navy.--Section 5016(a) of
such title is amended by striking ``four'' and inserting
``three''.
(c) Assistant Secretaries of the Air Force.--Section
8016(a) of such title is amended by striking ``four'' and
inserting ``three''.
SEC. 922. QUALIFICATIONS FOR APPOINTMENT OF ASSISTANT
SECRETARIES OF THE MILITARY DEPARTMENTS FOR
FINANCIAL MANAGEMENT.
(a) Assistant Secretary of the Army.--Section 3016(b)(4) of
title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) by striking ``The Assistant Secretary shall have as his
principal responsibility'' and inserting the following:
``(C) The principal responsibility of the Assistant
Secretary shall be''; and
(3) by inserting after subparagraph (A), as designated by
paragraph (1), the following new subparagraph (B):
``(B)(i) Any individual appointed as Assistant Secretary
shall be an individual who--
``(I) has significant financial management service in--
``(aa) a Federal or State agency that received an audit
with an unqualified opinion on such agency's financial
statements during the time of such individual's service; or
``(bb) a public company that received an audit with an
unqualified opinion on such company's financial statements
during the time of such individual's service; or
``(II) has served as chief financial officer, deputy chief
financial officer, or an equivalent executive-level position
with direct authority for financial management in a large
public or private sector organization.
``(ii) In this subparagraph, the term `public company' has
the meaning given the term `issuer' in section 2(7) of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(7)).''.
(b) Assistant Secretary of the Navy.--Section 5016(b)(3) of
such title is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``The Assistant Secretary shall have as his
principal responsibility'' and inserting the following:
``(C) The principal responsibility of the Assistant
Secretary shall be''; and
(3) by inserting after subparagraph (A), as designated by
paragraph (1), the following new subparagraph (B):
``(B)(i) Any individual appointed as Assistant Secretary
shall be an individual who--
``(I) has significant financial management service in--
``(aa) a Federal or State agency that received an audit
with an unqualified opinion on such agency's financial
statements during the time of such individual's service; or
``(bb) a public company that received an audit with an
unqualified opinion on such company's financial statements
during the time of such individual's service; or
``(II) has served as chief financial officer, deputy chief
financial officer, or an equivalent executive-level position
with direct authority for financial management in a large
public or private sector organization.
``(ii) In this subparagraph, the term `public company' has
the meaning given the term `issuer' in section 2(7) of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(7)).''.
(c) Assistant Secretary of the Air Force.--Section
8016(b)(3) of such title is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``The Assistant Secretary shall have as his
principal responsibility'' and inserting the following:
``(C) The principal responsibility of the Assistant
Secretary shall be''; and
(3) by inserting after subparagraph (A), as designated by
paragraph (1), the following new subparagraph (B):
``(B)(i) Any individual appointed as Assistant Secretary
shall be an individual who--
``(I) has significant financial management service in--
``(aa) a Federal or State agency that received an audit
with an unqualified opinion on such agency's financial
statements during the time of such individual's service; or
``(bb) a public company that received an audit with an
unqualified opinion on such company's financial statements
during the time of such individual's service; or
``(II) has served as chief financial officer, deputy chief
financial officer, or an equivalent executive-level position
with direct authority for financial management in a large
public or private sector organization.
``(ii) In this subparagraph, the term `public company' has
the meaning given the term `issuer' in section 2(7) of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(7)).''.
(d) Applicability.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply with respect to appointments that are made on
or after that date.
Subtitle C--Organization and Management of the Department of Defense
Generally
SEC. 931. REDUCTION IN LIMITATION ON NUMBER OF DEPARTMENT OF
DEFENSE SES POSITIONS.
Section 1109(a)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328) is amended by
striking ``1,260'' and inserting ``1,140''.
SEC. 932. MANNER OF CARRYING OUT REDUCTIONS IN MAJOR
DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES.
Section 346(b) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 796; 10
U.S.C. 111 note) is amended by adding at the end the
following new paragraph:
``(5) Manner of carrying out reductions.--Reductions in
major Department of Defense headquarters activities pursuant
to the headquarters reduction plan referred to in paragraph
(1), as modified pursuant to that paragraph, shall be carried
out after a consideration of the current manpower levels,
historic manpower levels, mission requirements, and
anticipated staffing needs of such headquarters activities
necessary to meet national defense objectives. Further, the
plan required by subsection (a) shall be modified to take
into account the requirement in the preceding sentence.''.
SEC. 933. CERTIFICATIONS ON COST SAVINGS ACHIEVED BY
REDUCTIONS IN MAJOR DEPARTMENT OF DEFENSE
HEADQUARTERS ACTIVITIES.
Section 346(b) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 796 10
U.S.C. 111 note), as amended by section 932 of this Act, is
further amended by adding at the end the following new
paragraph:
``(6) Certifications on cost savings achieved.--Not later
than 60 days after close of each of fiscal years 2017 through
2020, the Director of Cost Assessment and Program Evaluation
shall certify to the Secretary of Defense, and to the
congressional defense committees, the following:
``(A) The validity of the cost savings achieved for each
major Department of Defense headquarters activity during the
fiscal year concerned.
``(B) Whether the cost savings achieved for each major
Department of Defense headquarters activity during the fiscal
year concerned met the savings objective for such activity
for such fiscal year, as established pursuant to paragraph
(1).''.
SEC. 934. DIRECT HIRE AUTHORITY FOR THE DEPARTMENT OF DEFENSE
FOR PERSONNEL TO ASSIST IN BUSINESS
TRANSFORMATION AND MANAGEMENT INNOVATION.
(a) Authority.--The Secretary of Defense may appoint in the
Department of Defense individuals described in subsection (b)
without regard to the provisions of subchapter I of chapter
33 of title 5, United States Code, for the purpose of
assisting and facilitating the efforts of the Department in
business transformation and management innovation.
(b) Covered Individuals.--The individuals described in this
subsection are individuals who have all of the following:
(1) A management or business background.
(2) Experience working with large or complex organizations.
(3) Expertise in management and organizational change, data
analytics, or business process design.
(c) Limitation on Number.--The number of individuals
appointed pursuant to this section at any one time may not
exceed 25 individuals.
[[Page S5941]]
(d) Nature of Appointment.--Any appointment under this
section shall be on a term basis. The term of any such
appointment shall be specified by the Secretary at the time
of the appointment.
SEC. 935. DATA ANALYTICS CAPABILITY FOR SUPPORT OF ENHANCED
OVERSIGHT AND MANAGEMENT OF THE DEFENSE
AGENCIES AND DEPARTMENT OF DEFENSE FIELD
ACTIVITIES.
(a) Data Analytics Capability Required.--
(1) In general.--By not later than September 30, 2020, the
Deputy Chief Management Officer of the Department of Defense
shall establish and maintain within the Department of Defense
a data analytics capability for purposes of supporting
enhanced oversight and management of the Defense Agencies and
Department of Defense Field Activities.
(2) Discharge through successor position.--If the position
of Deputy Chief Management Officer of the Department of
Defense is succeeded by another position in the Department,
the duties of the Deputy Chief Management Officer under this
section shall be discharged by the occupant of such
succeeding position.
(b) Elements.--The data analytics capability shall permit
the following:
(1) The maintenance on a continuing basis of an accurate
tabulation of the amounts being expended by the Defense
Agencies and Department of Defense Field Activities on their
personnel.
(2) The maintenance on a continuing basis of an accurate
number of the personnel currently supporting the Defense
Agencies and Field Activities, including the following:
(A) Members of the regular components of the Armed Forces.
(B) Members of the reserve components of the Armed Forces.
(C) Civilian employees of the Department of Defense.
(D) Employees of contractors of the Department, including
federally funded research and development centers.
(E) Detailees, whether from another organization or element
of the Department or from another department or agency of the
Federal Government.
(3) The maintenance of a continuing basis of the following:
(A) An identification of the functions being performed by
each Defense Agency and Field Activity.
(B) An accurate tabulation of the amounts being expended by
each Defense Agency and Field Activity on its functions.
(4) The streamlined assembly and analysis of data for
purposes of the capability, including through appropriate
automated processes.
(c) Resources.--In establishing the data analytics
capability, the Deputy Chief Management Officer may use the
following:
(1) Data and information from each of the Defense Agencies
and Department of Defense Field Activities.
(2) Data and information from the Defense Manpower Data
Center (DMDC).
(3) Subject to the direction and control of the Secretary
of Defense, any other resources of the Department the Deputy
Chief Management Officer considers appropriate.
(d) Reports.--
(1) Interim report.--Not later than one year after the date
of the enactment of this Act, the Deputy Chief Management
Officer shall submit to the congressional defense committees
a report on the progress of the Deputy Chief Management
Officer in establishing the data analytics capability. The
report shall include the following:
(A) A description and assessment of the efforts of the
Deputy Chief Management Officer through the date of the
report to establish the data analytics capability.
(B) A description of current gaps in the data required to
establish the data analytics capability, and a description of
the efforts to be undertaken to eliminate such gaps.
(C) Any other matters in connection with the establishment
of the data analytics capability that the Deputy Chief
Management Officer considers appropriate.
(2) Final report.--Not later than December 31, 2020, the
Deputy Chief Management Officer shall submit to the
congressional defense committees a report on the data
analytics capability as established pursuant to this section.
The report shall include the following:
(A) A description and assessment of the data analytics
capability.
(B) Any other matters in connection with the data analytics
capability that the Deputy Chief Management Officer considers
appropriate.
SEC. 936. ENHANCED USE OF DATA ANALYTICS TO IMPROVE
ACQUISITION PROGRAM OUTCOMES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall,
acting jointly through the Deputy Chief Management Officer
and the Chief Information Officer of the Department of
Defense, and in coordination with the Under Secretary of
Defense for Acquisition, Technology, and Logistics and the
Armed Forces, establish a set of activities that use data
analysis, measurement, and other evaluation-related methods
to improve the acquisition outcomes of the Department of
Defense and enhance organizational learning.
(b) Activities.--
(1) In general.--The set of activities established under
subsection (a) may include the following:
(A) Establishment of data analytics capabilities and
organizations within the appropriate military service.
(B) Development of capabilities in Department of Defense
laboratories, test centers, and Federally funded research and
development centers to provide technical support for data
analytics activities that support acquisition program
management and business process re-engineering activities.
(C) Increased use of existing analytical capabilities
available to acquisition programs and offices to support
improved acquisition outcomes.
(D) Funding of intramural and extramural research and
development activities to develop and implement data
analytics capabilities in support of improved acquisition
outcomes.
(E) Publication, to the maximum extent practicable, and in
a manner that protects classified and proprietary
information, of data collected by the Department related to
acquisition program costs and activities for access and
analyses by the general public.
(F) Clarification by the Chief of Staff of the Army, the
Chief of Naval Operations, the Chief of Staff of the Air
Force, and the Commandant of the Marine Corps, in
coordination with the Under Secretary of Defense for
Acquisition, Technology, and Logistics, of a consistent
policy as to the role of data analytics in establishing
budgets and making milestone decisions for major defense
acquisition programs.
(G) Continual assessment, in consultation with the private
sector, of the efficiency of current data collection and
analyses processes, so as to minimize the requirement for
collection and delivery of data by, from, and to government
organizations.
(H) Promulgation of guidance to acquisition programs and
activities on the efficient use and sharing of data between
programs and organizations to improve acquisition program
analytics and outcomes.
(I) Promulgation of guidance on assessing and enhancing
quality of data and data analyses to support improved
acquisition outcomes.
(2) Gap analysis of current activities.--The Secretary
shall, in coordination with the Armed Forces, identify the
current activities, organizations, and groups of personnel
that are pursuing tasks similar to those described in
paragraph (1) that are being carried out as of the date of
the enactment of this Act. The Secretary shall consider such
current activities, organizations, and personnel in
determining the set of activities to establish pursuant to
subsection (a).
(3) Training and education.--The Secretary shall, acting
through the Under Secretary of Defense for Acquisition,
Technology, and Logistics, conduct a review of the curriculum
taught at the National Defense University, the Defense
Acquisition University, and appropriate private sector
academic institutions to determine the extent to which the
curricula include appropriate courses on data analytics and
other evaluation-related methods and their application to
defense acquisitions.
(c) Discharge of Certain Duties.--After January 31, 2018--
(1) any duties under this section to be discharged by the
Deputy Chief Management Officer of the Department of Defense
shall be discharged by the Chief Management Officer of the
Department of Defense; and
(2) any duties under this section to be discharged by the
Under Secretary of Defense for Acquisition, Technology, and
Logistics shall be discharged by the Under Secretary of
Defense for Acquisition and Sustainment.
SEC. 937. PILOT PROGRAMS ON DATA INTEGRATION STRATEGIES FOR
THE DEPARTMENT OF DEFENSE.
(a) Pilot Programs Required.--The Secretary of Defense
shall, acting through the Chief Management Officer of the
Department of Defense, carry out pilot programs to develop
data integration strategies for the Department of Defense to
address high-priority challenges of the Department.
(b) Scope of Pilot Programs.--The pilot programs required
by subsection (a) shall involve data integration strategies
to address challenges of the Department with respect to the
following:
(1) The budget of the Department.
(2) Logistics.
(3) Personnel security and insider threats.
(4) At least two other high-priority challenges of the
Department identified by the Secretary for purposes of this
section.
(c) Elements.--In developing a data integration strategy to
address a challenge of the Department for purposes of a pilot
program under this section, the Secretary shall do the
following:
(1) Identify the elements of the Department, and the
officials of such elements, to be involved in carrying out
the data integration strategy.
(2) Specify the elements of the data integration strategy.
(3) Specify the policies of the Department, if any, to be
modified or waived in order to facilitate the carrying out of
the data integration strategy by enabling timely and
continuous sharing of information needed to solve the
challenge concerned.
(d) 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 pilot
programs to be carried out under this section.
(2) Elements.--The report shall include the following:
(A) A description of each pilot program, including the
challenge of the Department to be addressed by such pilot
program and the manner in which the data integration strategy
under such pilot program will address the challenge.
(B) If the carrying out of any pilot program requires
legislative action for the waiver or modification of a
statutory requirement that prevents or impedes the carrying
out of the pilot program, a recommendation for legislative
action to waive or modify such statutory requirement.
[[Page S5942]]
SEC. 938. BACKGROUND AND SECURITY INVESTIGATIONS FOR
DEPARTMENT OF DEFENSE PERSONNEL.
(a) Transition To Discharge by Defense Security Service.--
(1) In general.--The Secretary of Defense has the authority
to conduct security, suitability, and credentialing
background investigations. In carrying out such authority,
the Secretary may use such authority, or may delegate such
authority to another entity. As part of providing for the
conduct of background investigations initiated by the
Department of Defense through the Defense Security Service by
not later than the deadline specified in subsection (b), the
Secretary shall, in consultation with the Director of the
Office of Personnel Management, provide for a phased
transition from the conduct of such investigations by the
National Background Investigations Bureau (NBIB) of the
Office of Personnel Management to the conduct of such
investigations by the Defense Security Service by that
deadline.
(2) Phased transition.--The phased transition required by
paragraph (1) shall--
(A) provide for the transition of the conduct of
investigations to the Defense Security Service using a risk
management approach; and
(B) be consistent with the transition from legacy
information technology operated by the Office of Personnel
Management to the new information technology, including the
National Background Investigations System, as described in
subsection (f).
(b) Commencement of Implementation Plan for Ongoing
Discharge of Investigations Through DSS.--Not later than
October 1, 2020, the Secretary of Defense shall commence
carrying out the implementation plan developed pursuant to
section 951(a)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2371).
(c) Transfer of Certain Functions Within DoD to DSS.--
(1) In general.--For purposes of meeting the requirements
in subsections (a) and (b), the Secretary of Defense shall
transfer the functions, personnel, and associated resources
of the organizations specified in paragraph (2) to the
Defense Security Service.
(2) Organizations.--The organizations specified in this
paragraph are the following:
(A) The Consolidated Adjudications Facility.
(B) The Personnel Security Assurance Division of the
Defense Manpower Data Center.
(C) Other organizations identified by the Secretary for
purposes of this subsection.
(3) Supporting organizations.--In addition to the
organizations identified pursuant to (2), the following
organizations shall prioritize resources to directly support
the execution of requirements in subsections (a) and (b):
(A) The Office of Cost Analysis and Program Evaluation.
(B) The Defense Digital Services.
(C) Other organizations designated by the Secretary for
purposes of this paragraph.
(4) Timing and manner of transfer.--The Secretary--
(A) may carry out the transfer required by paragraph (1) at
any time before the date specified in subsection (b) that the
Secretary considers appropriate for purposes of this section;
and
(B) shall carry out the transfer in a manner designed to
minimize disruptions to the conduct of background
investigations for personnel of the Department of Defense.
(d) Transfer of Certain Functions in OPM to DSS.--
(1) In general.--For purposes of meeting the requirements
in subsections (a) and (b), the Secretary of Defense shall,
in consultation with the Director of the Office of Personnel
Management, provide for the transfer of the functions
described in paragraph (2), and any associated personnel and
resources, to the Department of Defense.
(2) Functions.--The functions described in this paragraph
are the following:
(A) Any personnel security investigations functions
transferred by the Secretary to the Director pursuant to
section 906 of the National Defense Authorization Act for
Fiscal Year 2004 (5 U.S.C. 1101 note).
(B) Any other functions of the Office of Personnel
Management in connection with background investigations
initiated by the Department of Defense that the Secretary and
the Director jointly consider appropriate.
(3) Location within dod.--Any functions transferred to the
Department pursuant to this subsection shall be located
within the Defense Security Service.
(e) Conduct of Certain Actions.--For purposes of the
conduct of background investigations following the
commencement of the carrying out of the implementation plan
referred to in subsection (b), the Secretary of Defense shall
provide for the following:
(1) A single capability for the centralized funding,
submissions, and processing of all background investigations,
from within the Defense Security Service.
(2) The discharge by the Consolidated Adjudications
Facility, from within the Defense Security Service pursuant
to transfer under subsection (c), of adjudications in
connection with the following:
(A) Background investigations.
(B) Continuous evaluation and vetting checks.
(f) Enhancement of Information Technology Capabilities of
NBIS.--
(1) In general.--The Secretary of Defense shall, in
consultation with the Director of the Office of Personnel
Management, conduct a review of the information technology
capabilities of the National Background Investigations System
(NBIS) in order to determine whether enhancements to such
capabilities are required for the following:
(A) Support for background investigations pursuant to this
section and section 951 of the National Defense Authorization
Act for Fiscal Year 2017.
(B) Support of the National Background Investigations
Bureau.
(C) Execution of the conduct of background investigations
initiated by the Department of Defense pursuant to this
section, including submissions and adjudications.
(2) Common component.--In providing for the transition and
operation of the System as described in paragraph (1)(C), the
Secretary shall, in consultation with the Director, develop a
common component of the System usable for background
investigations by both the Defense Security Service and the
National Background Investigations Bureau.
(3) Enhancements.--If the review pursuant to paragraph (1)
determines that enhancements described in that paragraph are
required, the Secretary shall, in consultation with the
Director, carry out such enhancements.
(g) Use of Certain Private Industry Data.--In carrying out
background and security investigations pursuant to this
section and section 951 of the National Defense Authorization
Act for Fiscal Year 2017, the Secretary of Defense may use
background materials collected on individuals by the private
sector, in accordance with national policies and standards,
that are applicable to such investigations, including
materials as follows:
(1) Financial information, including credit scores and
credit status.
(2) Criminal records.
(3) Drug screenings.
(4) Verifications of information on resumes and employment
applications (such as previous employers, educational
achievement, and educational institutions attended).
(5) Other publicly available electronic information.
(h) Security Clearances for Contractor Personnel.--
(1) In general.--The Secretary of Defense shall review the
requirements of the Department of Defense relating to
position sensitivity designations for contractor personnel in
order to determine whether such requirements may be
reassessed or modified to reduce the number and range of
contractor personnel who are issued security clearances in
connection with work under contracts with the Department.
(2) Guidance.--The Secretary shall issue guidance to
program managers, contracting officers, and security
personnel of the Department specifying requirements for the
review of contractor position sensitivity designations and
the number of contractor personnel of the Department who are
issued security clearances for the purposes of determining
whether the number of such personnel who are issued security
clearances should and can be reduced.
(i) Personnel To Support the Transfer of Functions.--The
Secretary of Defense shall authorize the Director of the
Defense Security Service to promptly increase personnel for
the purpose of beginning the establishment and expansion of
investigative capacity to support the phased transfer of
investigative functions from the Office of Personnel
Management to the Department of Defense under this section.
The Director of Cost Analysis and Program Assessment shall
advise the Secretary on the size of the initial investigative
workforce and the rate of growth of that workforce.
(j) Briefings and Reports.--
(1) Report on future periodic reinvestigations, insider
threat, and continuous vetting.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall, in consultation with the Director of National
Intelligence and the Director of the Office of Personnel
Management, submit to Congress a report that includes the
following:
(A) An assessment of the feasibility and advisability of
periodic reinvestigations of backgrounds of Government and
contractor personnel with security clearances.
(B) A plan to provide the Government with an enhanced risk
management model which reduces the gaps in coverage
perpetuated by the current time-based periodic
reinvestigations model, particularly in light of the
increasing use of continuous background evaluations of such
personnel.
(C) A plan for expanding continuous background vetting
capabilities such as the Installation Matching Engine for
Security and Analysis to the broader population, including
those at the lowest Tiers and levels of access, which plan
shall include details to ensure that all individuals
credentialed for physical access to Department of Defense
facilities and installations are vetted to the same level of
fitness determinations and subject to appropriate continuous
vetting.
(D) A plan to fully integrate and incorporate insider
threat data, tools, and capabilities into the new end-to-end
vetting processes and supporting information technology
established by the Defense Security Service to ensure a
holistic and transformational approach to detecting,
deterring, and mitigating threats posed by trusted insiders.
(2) Quarterly briefings.--Not later than the end of each
calendar year quarter after the date of the enactment of this
Act, the Secretary of Defense shall provide the Committees on
Armed Services of the Senate and the House of Representatives
a briefing on the progress of the Secretary in carrying out
the requirements of this section during such calendar year
quarter. Until the backlog of security clearance applications
at the National Background Investigations Bureau is
eliminated, each quarterly briefing shall also include the
current status of the backlog and the resulting mission and
resource impact to the Department of Defense and the defense
industrial base.
(3) Annual reports.--Not later than the end of each
calendar year after the date of the enactment of this Act,
the Secretary shall submit to the committees of Congress
referred to in
[[Page S5943]]
paragraph (2) a report on the following for the calendar year
in which such report is to be submitted:
(A) The status of the Secretary in meeting the requirements
in subsections (a), (b), and (c) as of the end of such
calendar year.
(B) The status as of the end of such calendar year of any
transfers to be carried out pursuant to subsection (d).
(C) An assessment of the personnel security capabilities of
the Department of Defense as of the end of such calendar
year.
(4) Termination.--No briefing or report is required
pursuant to paragraph (2) or (3) after December 31, 2020.
Subtitle D--Other Matters
SEC. 951. TRANSFER OF LEAD OF GUAM OVERSIGHT COUNCIL FROM THE
DEPUTY SECRETARY OF DEFENSE TO THE SECRETARY OF
THE NAVY.
(a) Transfer.--Section 5013 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(h) Until September 30, 2020, the Secretary of the Navy
shall lead the Guam Oversight Council and shall be the
principal representative of the Department of Defense for
coordinating the interagency efforts in matters relating to
Guam, including the following executive orders:
``(1) Executive Order No. 13299 of May 12, 2003 (68 Fed.
Reg. 25477; 48 U.S.C. note prec. 1451; relating to the
Interagency Group on Insular Affairs).
``(2) Executive Order No. 12788 of January 15, 1992, as
amended (57 Fed. Reg. 2213; relating to the Defense Economic
Adjustment Program).''.
(b) Repeal of Superseded Authority.--Section 132 of such
title is amended by striking subsection (e).
SEC. 952. CORROSION CONTROL AND PREVENTION EXECUTIVES
MATTERS.
(a) Scope and Level of Positions.--Subsection (a) of
section 903 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (10 U.S.C. 2228 note)
is amended--
(1) by striking ``shall be the senior official'' and
inserting ``shall be a senior official''; and
(2) by adding at the end the following new sentence: ``Each
individual so designated shall be a senior civilian employee
of the military department concerned in pay grade GS-15 or
higher.''.
(b) Qualifications.--Such section is further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Qualifications.--Any individual designated as a
corrosion control and prevention executive of a military
department pursuant to subsection (a) shall--
``(1) have a working knowledge of corrosion prevention and
control;
``(2) have strong program management and communication
skills; and
``(3) understand the acquisition, research, development,
test, and evaluation, and sustainment policies and procedures
of the military department, including for the sustainment of
infrastructure.''.
SEC. 953. REQUIREMENT FOR NATIONAL LANGUAGE SERVICE CORPS.
(a) In General.--Subsection (a)(1) of 813 of the David L.
Boren National Security Education Act of 1991 (50 U.S.C.
1913) is amended by striking ``may establish and maintain''
and inserting ``shall establish and maintain''.
(b) Conforming Amendment.--Subsection (b) of such section
is amended by striking ``If the Secretary establishes the
Corps, the Secretary'' and inserting ``The Secretary''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2018 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$4,000,000,000.
(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. CALCULATIONS FOR PAYMENTS INTO DEPARTMENT OF
DEFENSE MILITARY RETIREMENT FUND USING SINGLE
LEVEL PERCENTAGE OF BASIC PAY DETERMINED ON
ARMED FORCE-WIDE RATHER THAN ARMED FORCES-WIDE
BASIS.
Section 1465 of title 10, United States Code, is amended--
(1) in subsection (c)(1), in the flush matter at the end of
paragraph (1), by striking ``Such single level'' and
inserting ``Except as otherwise provided in subsection (d),
such single level'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) Notwithstanding subsection (c), in any actuarial
valuation of Department of Defense military retirement and
survivor benefits programs for purposes of a fiscal year
beginning after fiscal year 2018--
``(A) the determination made pursuant to subsection
(c)(1)(A) shall be a single level percentage of basic pay for
active duty for each armed force (other than the Coast Guard)
and for each of the Army National Guard and the Air National
Guard for full-time National Guard duty (rather than the
single level percentage of basic pay otherwise required by
that subsection); and
``(B) the determination made pursuant to subsection
(c)(1)(B) shall be a single level percentage of basic pay and
of compensation for members of the Selected Reserve of each
armed force (other than the Coast Guard) (rather than the
single level percentage of basic pay and of compensation
otherwise required by that subsection).
``(2) In making calculations for purposes of subsection
(b)(1) for fiscal years after fiscal year 2018--
``(A) the Secretary of Defense--
``(i) shall not use the single level percentage of basic
pay determined under subsection (c)(1)(A) as provided for in
subsection (b)(1)(A)(i); but
``(ii) shall use for purposes of subsection (b)(1)(A)(i)
each separate single level percentage of basic pay determined
under paragraph (1)(A) for each armed force and for each of
the Army National Guard and the Air National Guard; and
``(B) the Secretary of Defense--
``(i) shall not use the single level percentage of basic
pay and of compensation determined under subsection (c)(1)(B)
as provided for in subsection (b)(1)(B)(i); but
``(ii) shall use for purposes of subsection (b)(1)(B)(i)
each separate single level percentage of basic pay and of
compensation determined under paragraph (1)(B) for each armed
force.
``(3) In making calculations for purposes of section
1466(a) of this title for purposes of deposits into the Fund
for months in fiscal years after fiscal year 2018--
``(A) the Secretary of Defense--
``(i) shall not use the single level percentage of basic
pay determined under subsection (c)(1)(A) as provided for in
section 1466(a)(1)(A) of this title; but
``(ii) shall use for purposes of section 1466(a)(1)(A) of
this title each separate single level percentage of basic pay
determined under paragraph (1)(A) for each armed force and
for each of the Army National Guard and the Air National
Guard; and
``(B) the Secretary of Defense--
``(i) shall not use the single level percentage of basic
pay and of compensation determined under subsection (c)(1)(B)
as provided for in section 1466(a)(2)(A) of this title; but
``(ii) shall use for purposes of section 1466(a)(2)(A) each
separate single level percentage of basic pay and of
compensation determined under paragraph (1)(B) for each armed
force.''.
SEC. 1003. CERTIFICATIONS ON AUDIT READINESS OF THE
DEPARTMENT OF DEFENSE AND THE MILITARY
DEPARTMENTS, DEFENSE AGENCIES, AND OTHER
ORGANIZATIONS AND ELEMENTS OF THE DEPARTMENT OF
DEFENSE.
(a) Department of Defense.--Not later than September 30,
2017, and each year thereafter, the Secretary of Defense
shall certify to the congressional defense committees whether
or not the full financial statements of the Department of
Defense are audit ready as of the date of such certification.
(b) Military Departments, Defense Agencies, and Other
Organizations and Elements.--
(1) In general.--Not later than September 30, 2017, and
each year thereafter, each Secretary of a military
department, each head of a Defense Agency, and each head of
any other organization or element of the Department of
Defense designated by the Secretary of Defense for purposes
of this subsection shall certify to the congressional defense
committees whether or not the full financial statements of
the military department, the Defense Agency, or the
organization or element concerned became audit ready during
the fiscal year in which such certification is to be
submitted.
(2) Transmittal through secretary of defense.--The
individual certifications required by this subsection shall
be transmitted to the congressional defense committees
collectively by the Secretary under procedures established by
the Secretary for purposes of this subsection.
(c) Termination on Receipt of Audit Opinion on Full
Financial Statements.--A certification is no longer required
under subsection (a) or (b) with respect to the Department of
Defense, or a military department, Defense Agency, or
organization or element of the Department, as applicable,
after the Department of Defense or such military department,
Defense Agency, or organization or element receives an audit
opinion on its full financial statements.
(d) Audit Ready Defined.--In this section, the term ``audit
ready'', with respect to the full financial statements of the
Department of Defense, a military department, a Defense
Agency, or another organization or element of the Department
of Defense, means that the Department of Defense, the
military department, the Defense Agency, or the organization
or element
[[Page S5944]]
has in place critical audit capabilities and associated
infrastructure to successfully start and support a financial
audit of its full financial statements.
SEC. 1004. FAILURE TO OBTAIN AUDIT OPINION ON FISCAL YEAR
FULL FINANCIAL STATEMENTS OF THE DEPARTMENT OF
DEFENSE.
(a) Reduction in Basic Pay of Military Secretaries for
Failure to Obtain Audit Opinion on Full Financial Statements
for Fiscal Years 2018 and Thereafter.--If the Department of
Defense does not obtain an audit opinion on its full
financial statements for fiscal year 2018, or any fiscal year
thereafter, by March 31 of the succeeding calendar year, the
annual rate of basic pay payable for each Secretary of a
military department for the calendar year next following such
succeeding calendar year shall be the annual rate of basic
pay for positions at level III of the Executive Schedule
pursuant to section 5313 of title 5, United States Code,
rather than the annual rate of basic pay otherwise provided
for the positions of Secretary of a military department by
law.
(b) Review and Recommendations on Efforts To Obtain Audit
Opinion on Full Financial Statements for Fiscal Year 2018 by
March 31, 2019.--
(1) In general.--If the Department does not obtain an audit
opinion on its full financial statements for fiscal year 2018
by March 31, 2019, the Secretary of Defense shall establish
within the Department a team of distinguished, private sector
experts with experience conducting financial audits of large
public or private sector organizations to review and make
recommendations to improve the efforts of the Department to
obtain an audit opinion on its full financial statements.
(2) Scope of activities.--The team established pursuant to
paragraph (1) shall--
(A) identify impediments to the progress of the Department
in obtaining an audit opinion on its full financial
statements, including an identification of the organizations
or elements that are lagging in their efforts toward
obtaining such audit opinion;
(B) estimate when an audit opinion on the full financial
statements of the Department will be obtained; and
(C) consider mechanisms and incentives to support efficient
achievement by the Department of its audit goals, including
organizational mechanisms to transfer direction and
management control of audit activities from subordinate
organizations to the Office of the Secretary of Defense,
individual personnel incentives, workforce improvements
(including in senior leadership positions), business process,
technology, and systems improvements (including the use of
data analytics), and metrics by which the Secretary and
Congress may measure and assess progress toward achievement
of the audit goals of the Department.
(3) Report.--If the Secretary takes action pursuant to
paragraph (1), the Secretary shall, not later than September
30, 2019, submit to the congressional defense committees a
report on the team established pursuant to that paragraph,
including a description of the actions taken and to be taken
by the team pursuant to paragraph (2).
SEC. 1005. IMPROPER PAYMENT MATTERS.
Subject to the authority, direction, and control of the
Secretary of Defense, the Under Secretary of Defense
(Comptroller) shall take the following actions:
(1) With regard to estimating improper payments:
(A) Establish and implement key quality assurance
procedures, such as reconciliations, to ensure the
completeness and accuracy of sampled populations.
(B) Revise the procedures for the sampling methodologies of
the Department of Defense so that such procedures--
(i) comply with Office of Management and Budget guidance
and generally accepted statistical standards;
(ii) produce statistically valid improper payment error
rates, statistically valid improper payment dollar estimates,
and appropriate confidence intervals for both; and
(iii) in meeting clauses (i) and (ii), take into account
the size and complexity of the transactions being sampled.
(2) With regard to identifying programs susceptible to
significant improper payments, conduct a risk assessment that
complies with the Improper Payments Elimination and Recovery
Act of 2010 (Public Law 111-204) and the amendments made by
that Act (in this section collectively referred to as
``IPERA'').
(3) With regard to reducing improper payments, establish
procedures that produce corrective action plans that--
(A) comply fully with IPERA and associated Office of
Management and Budget guidance, including by holding
individuals responsible for implementing corrective actions
and monitoring the status of corrective actions; and
(B) are in accordance with best practices, such as those
recommended by the Chief Financial Officers Council,
including by providing for--
(i) measurement of the progress made toward remediating
root causes of improper payments; and
(ii) communication to the Secretary of Defense and the
heads of departments, agencies, and organizations and
elements of the Department of Defense, and key stakeholders,
on the progress made toward remediating the root causes of
improper payments.
(4) With regard to implementing recovery audits for
improper payments, develop and implement procedures to--
(A) identify costs related to the recovery audits and
recovery efforts of the Department of Defense; and
(B) evaluate improper payment recovery efforts in order to
ensure that they are cost effective.
(5) Monitor the implementation of the revised chapter of
the Financial Management Regulations on recovery audits in
order to ensure that the Department of Defense, the military
departments, the Defense Agencies, and the other
organizations and elements of the Department of Defense
either conduct recovery audits or demonstrate that it is not
cost effective to do so.
(6) Develop and submit to the Office of Management and
Budget for approval a payment recapture audit plan that fully
complies with Office of Management and Budget guidance.
(7) With regard to reporting on improper payments, design
and implement procedures to ensure that the annual improper
payment and recovery audit reporting of the Department of
Defense is complete, accurate, and complies with IPERA and
associated Office of Management and Budget guidance.
SEC. 1006. FINANCIAL OPERATIONS DASHBOARD FOR THE DEPARTMENT
OF DEFENSE.
(a) Financial Operations Dashboard.--
(1) In general.--The Under Secretary of Defense
(Comptroller) shall develop and maintain on an Internet
website available to Federal Government agencies a tool
(commonly referred to as a ``dashboard)'' to permit Federal
Government officials to track key indicators of the financial
performance of the Department of Defense, including
outstanding accounts payable, abnormal accounts payable,
outstanding advances, unmatched disbursements, abnormal
undelivered orders, negative unliquidated obligations,
violations of sections 1341 and 1517(a) of title 31, United
States Code (commonly referred to as the ``Anti-Deficiency
Act''), costs deriving from payment delays, interest penalty
payments, and improper payments, and actual savings realized
through interest payments made, discounts for timely or
advanced payments, and other financial management and
improvement initiatives.
(2) Information covered.--The tool shall cover financial
performance information for the military departments, the
defense agencies, and any other organizations or elements of
the Department of Defense.
(3) Tracking of performance over time.--The tool shall
permit the tracking of financial performance over time,
including by month, quarter, and year, and permit users of
the tool to export both current and historical data on
financial performance.
(4) Updates.--The information covered by the tool shall be
updated not less frequently than monthly.
(b) Annual Report on Value Created by Improved Financial
Management.--Not later than December 31 each year, the
Secretary of Defense shall submit to Congress a report
setting forth, for each military department, defense agency,
and other organization or element of the Department of
Defense, the following:
(1) A description of the value, if any, that accrued as a
result of improved financial management and related cost-
savings initiatives during the most recent fiscal year.
(2) A description of the manner in which such value, if
any, was applied, and will be applied, to provide mission
value.
(3) A target for the savings to be achieved as a result of
improved financial management and related cost-savings
initiatives during the fiscal year in which such report is
submitted.
SEC. 1007. COMPTROLLER GENERAL OF THE UNITED STATES
RECOMMENDATIONS ON AUDIT CAPABILITIES AND
INFRASTRUCTURE AND RELATED MATTERS.
(a) Bi-monthly Summary of Status of Audit Corrective Action
Plan.--The Under Secretary of Defense (Comptroller) shall
assemble on a bi-monthly basis a management summary of the
current status of actions under the consolidated audit
corrective action plan (CAP) with respect to the critical
audit capabilities and associated infrastructure of the
Department of Defense, the military departments, the Defense
Agencies, and other organizations and elements of the
Department of Defense.
(b) Centralized Monitoring and Reporting Process.--The
Under Secretary of Defense (Comptroller) shall develop and
implement a centralized monitoring and reporting process that
captures and maintains up-to-date information, including the
standard data elements recommended in the Implementation
Guide for OMB Circular A-123, for all corrective action plans
Department of Defense-wide that pertain to critical audit
capabilities and associated infrastructure.
SEC. 1008. INFORMATION ON DEPARTMENT OF DEFENSE FUNDING IN
DEPARTMENT PRESS RELEASES AND RELATED PUBLIC
STATEMENTS ON PROGRAMS, PROJECTS, AND
ACTIVITIES FUNDED BY THE DEPARTMENT.
(a) Information Required.--
(1) In general.--Subchapter II of chapter 134 of title 10,
United States Code, is amended by inserting after section
2257 the following new section:
``Sec. 2258. Department of Defense press releases and related
public statements on Department funded programs, projects,
and activities
``Any press release, statement, or other document issued to
the public by the Department of Defense that describes a
program, project, or activity funded, whether in whole or in
part, by amounts provided by the Department, including any
project, project, or activity of a foreign, State, or local
government, shall clearly state the following:
``(1) That the program, project, or activity is funded, in
whole or in part (as applicable), by funds provided by the
Department.
``(2) An estimate of the amount of funding from the
Department that the program, project, or activity currently
receives.''.
[[Page S5945]]
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 134 of such title is
amended by inserting after the item relating to section 2257
the following new item:
``2258. Department of Defense press releases and related public
statements on Department funded programs, projects, and
activities.''.
(b) 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 programs, projects, and
activities funded by the Department of Defense with amounts
authorized to be appropriated for fiscal years after fiscal
year 2018.
Subtitle B--Counterdrug Activities
SEC. 1011. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
A UNIFIED COUNTERDRUG AND COUNTERTERRORISM
CAMPAIGN IN COLOMBIA.
(a) Extension.--Section 1021 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 2042), as most recently
amended by section 1013 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2385), is further amended--
(1) in subsection (a)(1), by striking ``2019'' and
inserting ``2022''; and
(2) in subsection (c), by striking ``2019'' and inserting
``2022''.
(b) Scope of Authority.--Subsection (a) of such section
1021 is further amended--
(1) in paragraph (1), by striking ``organizations
designated as'' and all that follows and inserting
``terrorist organizations and other illegally armed groups
determined by the Secretary of Defense to pose a significant
threat to the national security interests of the United
States.''; and
(2) in paragraph (2), by striking ``authority'' and all
that follows and inserting ``authority as follows:
``(A) To protect human health and welfare in emergency
circumstances, including the undertaking of rescue
operations.
``(B) To support efforts to demobilize, disarm, and
reintegrate members of illegally armed groups.''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1016. POLICY OF THE UNITED STATES ON MINIMUM NUMBER OF
BATTLE FORCE SHIPS.
(a) Policy.--It shall be the policy of the United States to
have available, as soon as practicable, not fewer than 355
battle force ships, comprised of the optimal mix of
platforms, with funding subject to the availability of
appropriations or other funds.
(b) Battle Force Ships Defined.--In this section, the term
``battle force ships'' has the meaning given the term in
Secretary of the Navy Instruction 5030.8C.
SEC. 1017. OPERATIONAL READINESS OF LITTORAL COMBAT SHIPS ON
EXTENDED DEPLOYMENT.
(a) In General.--Subsection (a) of section 7310 of title
10, United States Code, is amended--
(1) by inserting ``Under Jurisdiction of the Secretary of
the Navy'' in the subsection heading after ``Vessels'';
(2) by striking ``A naval vessel (or any other vessel under
the jurisdiction of the Secretary of the Navy)'' and
inserting ``(1) Except as provided in paragraph (2), a naval
vessel''; and
(3) by adding at the end the following new paragraph:
``(2)(A) Subject to subparagraph (B), in the case of a
naval vessel classified as a Littoral Combat Ship and
operating on deployment, corrective and preventive
maintenance or repair (whether intermediate or depot level)
and facilities maintenance may be performed on the vessel--
``(i) in a foreign shipyard;
``(ii) at a facility outside of a foreign shipyard; or
``(iii) at any other facility convenient to the vessel.
``(B)(i) Corrective and preventive maintenance or repair
may be performed on a vessel as described in subparagraph (A)
if the work is performed by United States Government
personnel or United States contractor personnel.
``(ii) Facilities maintenance may be performed by a foreign
contractor on a vessel as described in subparagraph (A) only
as approved by the Secretary of the Navy.''.
(b) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(d) Definitions.--In this section:
``(1) The term `corrective and preventive maintenance or
repair' means--
``(A) maintenance or repair actions performed as a result
of a failure in order to return or restore equipment to
acceptable performance levels; and
``(B) scheduled maintenance or repair actions to prevent or
discover functional failures.
``(2) The term `facilities maintenance' means preservation
or corrosion control efforts and cleaning services.''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 7310. Overhaul, repair, and maintenance of vessels in
foreign shipyards and facilities: restrictions;
exceptions''.
(2) Table of sections.--The table of sections at the
beginning of chapter 633 of such title is amended by striking
the item relating to section 7310 and inserting the following
new item:
``7310. Overhaul, repair, and maintenance of vessels in foreign
shipyards and facilities: restrictions; exceptions.''.
SEC. 1018. AUTHORITY TO PURCHASE USED VESSELS TO RECAPITALIZE
THE READY RESERVE FORCE AND THE MILITARY
SEALIFT COMMAND SURGE FLEET.
(a) Deposit of Additional Funds in National Defense Sealift
Fund.--
(1) Other funds made available to department of the navy.--
Subsection (d) of section 2218 of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Any other funds made available to the Department of
the Navy for carrying out the purposes of the Fund set forth
in subsection (c).''.
(2) Expiration of funds after 5 years.--Subsection (g) of
such section is amended by striking ``subsection (d)(1)'' and
inserting ``paragraph (1) or (4) of subsection (d)''.
(b) Authority To Purchase Used Vessels.--Subsection (f) of
such section is amended by adding at the end the following
new paragraph:
``(3)(A) Notwithstanding the limitations in paragraph (1)
and subsection (c)(1)(E), the Secretary of Defense may, as
part of a program to recapitalize the Ready Reserve Force
component of the National Defense Reserve Fleet and the
Military Sealift Command surge fleet, purchase used vessels,
regardless of where constructed, from among vessels
previously participating in the Maritime Security Fleet, if
available at a reasonable cost (as determined by the
Secretary). If such previously participating vessels are not
available at a reasonable cost, used vessels comparable to
such previously participating vessels may be purchased from
any source, regardless of where constructed, if available at
a reasonable cost (as determined by the Secretary).
``(B) In exercising the authority in subparagraph (A), the
Secretary shall purchase used vessels constructed in the
United States, if available at a reasonable cost (as
determined by the Secretary).
``(C) In exercising the authority in subparagraph (A), the
Secretary shall ensure that any conversion, modernization,
maintenance, or repair of vessels occurs in shipyards located
in the United States, except in emergency situations (as
determined by the Secretary).''.
(c) Definition of Maritime Security Fleet.--Subsection (k)
of such section is amended by adding at the end the following
new paragraph:
``(5) The term `Maritime Security Fleet' means the fleet
established under section 53102(a) of title 46.''.
(d) Technical Amendment.--Subsection (i) of such section is
amended by striking ``(50 U.S.C. App. 1744)'' and inserting
``(50 U.S.C. 4405)''.
SEC. 1019. SURVEYING SHIPS.
(a) Surveying Ship Requirement.--Not later than 120 days
after the date of the enactment of this Act, the Chief of
Naval Operations shall submit to the congressional defense
committees a report setting forth a force structure
assessment that establishes a surveying ship requirement. The
Chief of Naval Operations shall conduct the assessment for
purposes of the report, and may limit the assessment to
surveying ships.
(b) Definitions.--In this section:
(1) The term ``surveying ship'' has the meaning given the
term in Secretary of the Navy Instruction 5030.8C.
(2) The term ``force structure assessment'' has the meaning
given the term in Chief of Naval Operations Instruction
3050.27.
SEC. 1020. PILOT PROGRAM ON FUNDING FOR NATIONAL DEFENSE
SEALIFT VESSELS.
(a) In General.--The Secretary of the Navy may carry out a
pilot program to assess the feasability and advisability of
the use of the authorities specified in subsection (b) in
connection with research and development and operation,
maintenance, and lease or charter of national defense sealift
vessels.
(b) Authorities.--The authorities specified in this
subsection are authorities as follows:
(1) To derive funds for obligations and expenditures for
research and development relating to national defense sealift
vessels from the Research, Development, Test, and Evaluation,
Navy account.
(2) To derive funds for obligations and expenditures for
operation, maintenance, and lease or charter of national
defense sealift vessels from the Operation and Maintenance,
Navy account.
(3) To use funds in the account referred to in paragraph
(1) for obligations and expenditures described in that
paragraph, and to use funds in the account referred to in
paragraph (2) for obligations and expenditures described in
that paragraph, without the transfer of such funds to the
National Defense Sealift Fund.
(c) Limitation.--The authorities in subsection (b) may be
used under the pilot program only with respect to applicable
amounts authorized to be appropriated for the Department of
Defense for fiscal years 2018 and 2019.
(d) Continuing Availability of NDSF Funds.--Nothing in this
section shall be construed to prohibit the use of amounts
available in the National Defense Sealift Fund for fiscal
years 2018 and 2019 for use for the purposes of the Fund
under section 2218(c) of title 10, United States Code, in
such fiscal years.
(e) Reports.--
(1) In general.--Not later than 120 days after the
conclusion of the pilot program, the Secretary, the Commander
of the United States Transportation Command, and the
Administrator of the Maritime Administration each shall
submit to the congressional defense committees an independent
report on the pilot program.
(2) Elements.--Each report shall include the following:
(A) A description of lessons learned from the pilot program
regarding the efficacy of funding national defense sealift
vessel requirements using the accounts specified in
paragraphs (1) and (2) of subsection (b) rather than the
National Defense Sealift Fund.
[[Page S5946]]
(B) An assessment of potential operational, financial, and
other significant impacts if the pilot program is made
permanent.
(C) Such recommendations as the official submitting such
report considers appropriate regarding modifications of
section 2218 of title 10, United States Code, in light of the
pilot program.
(f) Definitions.--In this section:
(1) The term ``national defense sealift vessel'' has the
meaning given the term in section 2218(k)(3) of title 10,
United States Code.
(2) The term ``National Defense Sealift Fund'' means the
Fund established by section 2218 of title 10, United States
Code.
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO THE UNITED STATES.
Section 1032 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2018''.
SEC. 1032. EXTENSION OF 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.
Section 1033(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) is amended by
striking ``December 31, 2017'' and inserting ``December 31,
2018''.
SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE TO CERTAIN COUNTRIES OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
Section 1034 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2018''.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
REALIGNMENT OF FORCES AT OR CLOSURE OF UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
Section 1035 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2391) is
amended by striking ``fiscal year 2017'' and inserting ``any
of fiscal years 2017 through 2021''.
SEC. 1035. AUTHORITY TO TRANSFER INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO THE UNITED STATES TEMPORARILY FOR
EMERGENCY OR CRITICAL MEDICAL TREATMENT.
(a) Temporary Transfer for Medical Treatment.--
Notwithstanding section 1032 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328),
as amended by section 1031 of this Act, or any similar
provision of law enacted after September 30, 2015, the
Secretary of Defense may, after consultation with the
Secretary of Homeland Security, temporarily transfer an
individual detained at Guantanamo to a Department of Defense
medical facility in the United States for the sole purpose of
providing the individual medical treatment if the Secretary
of Defense determines that--
(1) the medical treatment of the individual is necessary to
prevent death or imminent significant injury or harm to the
health of the individual;
(2) the necessary medical treatment is not available to be
provided at United States Naval Station, Guantanamo Bay,
Cuba, without incurring excessive and unreasonable costs; and
(3) the Department of Defense has provided for appropriate
security measures for the custody and control of the
individual during any period in which the individual is
temporarily in the United States under this section.
(b) Limitation on Exercise of Authority.--The authority of
the Secretary of Defense under subsection (a) may be
exercised only by the Secretary of Defense or another
official of the Department of Defense at the level of Under
Secretary of Defense or higher.
(c) Conditions of Transfer.--An individual who is
temporarily transferred under the authority in subsection (a)
shall--
(1) while in the United States, remain in the custody and
control of the Secretary of Defense at all times; and
(2) be returned to United States Naval Station, Guantanamo
Bay, Cuba, as soon as feasible after a Department of Defense
physician determines, in consultation with the Commander,
Joint Task Force-Guantanamo Bay, Cuba, that any necessary
follow-up medical care may reasonably be provided the
individual at United States Naval Station, Guantanamo Bay.
(d) Status While in United States.--An individual who is
temporarily transferred under the authority in subsection
(a), while in the United States--
(1) shall be deemed at all times and in all respects to be
in the uninterrupted custody of the Secretary of Defense, as
though the individual remained physically at United States
Naval Station, Guantanamo Bay, Cuba;
(2) shall not at any time be subject to, and may not apply
for or obtain, or be deemed to enjoy, any right, privilege,
status, benefit, or eligibility for any benefit under any
provision of the immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17)), or any other law or regulation;
(3) shall not be permitted to avail himself of any right,
privilege, or benefit of any law of the United States beyond
those available to individuals detained at United States
Naval Station, Guantanamo Bay; and
(4) shall not, as a result of such transfer, have a change
in any designation that may have attached to that detainee
while detained at United States Naval Station, Guantanamo
Bay, pursuant to the Authorization for Use of Military Force
(Public Law 107-40), as determined in accordance with
applicable law and regulations.
(e) No Cause of Action.--Any decision to transfer or not to
transfer an individual made under the authority in subsection
(a) shall not give rise to any claim or cause of action.
(f) Limitation on Judicial Review.--
(1) Limitation.--Except as provided in paragraph (2), no
court, justice, or judge shall have jurisdiction to hear or
consider any claim or action against the United States or its
departments, agencies, officers, employees, or agents arising
from or relating to any aspect of the detention, transfer,
treatment, or conditions of confinement of an individual
transferred under this section.
(2) Exception for habeas corpus.--The United States
District Court for the District of Columbia shall have
exclusive jurisdiction to consider an application for writ of
habeas corpus seeking release from custody filed by or on
behalf of an individual who is in the United States pursuant
to a temporary transfer under the authority in subsection
(a). Such jurisdiction shall be limited to that required by
the Constitution, and relief shall be only as provided in
paragraph (3). In such a proceeding the court may not review,
halt, or stay the return of the individual who is the object
of the application to United States Naval Station, Guantanamo
Bay, Cuba, pursuant to subsection (c).
(3) Relief.--A court order in a proceeding covered by
paragraph (2)--
(A) may not order the release of the individual within the
United States; and
(B) shall be limited to an order of release from custody
which, when final, the Secretary of Defense shall implement
in accordance with section 1034 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 801 note).
(g) Notification.--Whenever a temporary transfer of an
individual detained at Guantanamo is made under the authority
of subsection (a), the Secretary of Defense shall notify the
Committees on Armed Services of the Senate and the House of
Representatives of the transfer not later than five days
after the date on which the transfer is made.
(h) Individual Detained at Guantanamo Defined.--In this
section, the term ``individual detained at Guantanamo'' means
an individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(1) is not a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)) or a member of the Armed Forces of the
United States; and
(2) is--
(A) in the custody or under the control of the Department
of Defense; or
(B) otherwise detained at United States Naval Station,
Guantanamo Bay.
(i) Applicability.--This section shall apply to an
individual temporarily transferred under the authority in
subsection (a) regardless of the status of any pending or
completed proceeding or detention on the date of the
enactment of this Act.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. MATTERS RELATING TO THE SUBMITTAL OF FUTURE-YEARS
DEFENSE PROGRAMS.
(a) Timing of Submittal to Congress.--Subsection (a) of
section 221 of title 10, United States Code, is amended by
striking ``at or about the same time'' and inserting ``not
later than five days after the date on which''.
(b) Manner and Form of Submittal.--Such section is further
amended--
(1) in subsection (a) by inserting ``make available to
United States Government entities and'' before ``submit to
Congress''; and
(2) by adding at the end the following new subsection:
``(d)(1) The Secretary of Defense shall make available to
United States Government entities and submit to Congress each
future-years defense program under this section as follows:
``(A) By making such program available on an Internet
website of the Under Secretary of Defense (Comptroller)
available to United States Government in the form of an
unclassified electronic database.
``(B) By delivering printed copies of such program to the
congressional defense committee.
``(2) In the event inclusion of classified material in a
future-years defense program would otherwise render the
totality of the program classified for purposes of this
subsection--
``(A) such program shall be made available to United States
Government entities and submitted to Congress in unclassified
form, with such material attached as a classified annex; and
``(B) such annex shall be submitted to the congressional
defense committees, the Congressional Budget Office, the
Comptroller General of the United States, and the
Congressional Research Service.''.
(c) Accuracy of Information.--Such section is further
amended by adding at the end the following new subsection:
``(e) Each future-years defense program under this
subsection shall be accompanied by a certification by the
Under Secretary of Defense (Comptroller), in the case of the
Department of Defense, and the comptroller of each military
department, in the case of such military department, that any
information entered into the Standard Data Collection System
of the Department of Defense, the Comptroller Information
System, or any other data system, as applicable, for purposes
of assembling such future-years defense program was
accurate.''.
(d) Conforming Amendments.--
[[Page S5947]]
(1) Heading amendment.--The heading of section 221 of such
title is amended to read as follows:
``Sec. 221. Future-years defense program: consistency in
budgeting; availability to United States Government
entities and submittal to Congress''.
(2) Table of sections.--The table of sections at the
beginning of chapter 9 of such title is amended by striking
the item relating to section 221 and inserting the following
new item:
``221. Future-years defense program: consistency in budgeting;
availability to United States Government entities and
submittal to Congress.''.
(e) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply to future-years defense programs submitted at
the time of budgets of the President for fiscal years
beginning after fiscal year 2018.
(f) DoD Guidance.--The Secretary of Defense shall, in
coordination with the Under Secretary of Defense
(Comptroller), update Department of Defense Financial
Management Regulation 7000.14-R, and any other appropriate
instructions and guidance, to ensure that the Department of
Defense takes appropriate actions to comply with the
amendments made by this section in the submittal of future-
years defense programs in calendar years after calendar year
2017.
SEC. 1042. DEPARTMENT OF DEFENSE INTEGRATION OF INFORMATION
OPERATIONS AND CYBER-ENABLED INFORMATION
OPERATIONS.
(a) Integration of Department of Defense Information
Operations and Cyber-enabled Information Operations.--
(1) Establishment of cross-functional task force.--
(A) In general.--The Secretary of Defense shall establish a
cross-functional task force consistent with section 911(c)(1)
of the National Defense Authorization Act for Fiscal Year
2017 (114-328; 10 U.S.C. 111 note) to integrate across the
organizations of the Department of Defense responsible for
information operations, military deception, public affairs,
electronic warfare, and cyber operations to produce
integrated strategy, planning, and budgeting to counter,
deter, and conduct strategic information operations and
cyber-enabled information operations.
(B) Duties.--The task force shall carry out the following:
(i) Development of a strategic framework for the conduct by
the Department of Defense of information operations,
including cyber-enabled information operations, coordinated
across all relevant Department of Defense entities, including
both near-term and long-term guidance for the conduct of such
coordinated operations.
(ii) Development and dissemination of a common operating
paradigm across the organizations specified in subparagraph
(A) of the influence, deception, and propaganda activities of
key malign actors, including in cyberspace.
(iii) Development of guidance for, and promotion of, the
liaison capability of the Department to interact with the
private sector, including social media, on matters related to
the influence activities of malign actors.
(2) Head of cross-functional task force.--
(A) In general.--The Secretary of Defense shall appoint as
the head of the task force such individual as the Secretary
considers appropriate from among individuals serving in the
Department as an Under Secretary of Defense or in such other
position within the Department of lesser order of precedence.
(B) Responsibilities.--The responsibilities of the head of
the task force are as follows:
(i) Oversight of strategic policy and guidance.
(ii) Overall resource allocation for the integration of
information operations and cyber operations of the
Department.
(iii) Ensuring the task force faithfully pursues the
purpose set forth in subparagraph (A) of paragraph (1) and
carries out its duties as set forth in subparagraph (B) of
such paragraph.
(iv) Carrying out such activities as are required of the
head of the task force under subsections (b) and (c).
(b) Requirements and Plans for Information Operations.--
(1) Combatant command planning.--The Secretary shall
require each commander of a combatant command to develop such
requirements and specific plans as may be necessary for the
conduct of information operations, including plans for
deterring information operations, particularly in the cyber
domain, by malign actors against the United States, allies of
the United States, and interests of the United States.
(2) Implementation plan for department of defense strategy
for operations in the information environment.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the head of the task force shall--
(i) review the Department of Defense Strategy for
Operations in the Information Environment, dated June 2016;
and
(ii) submit to the congressional defense committees a plan
for implementation of such strategy.
(B) Elements.--The implementation plan shall include, at a
minimum, the following:
(i) An accounting of the efforts undertaken in support of
the strategy described in subparagraph (A)(i) since it was
issued in June 2016.
(ii) A description of any updates or changes to such
strategy that have been made since it was first issued, as
well as any expected updates or changes in light of the
establishment of the task force.
(iii) A description of the role of the Department as part
of a broader whole-of-government strategy for strategic
communications, including assumptions about the roles and
contributions of other Government departments and agencies to
such a strategy.
(iv) Defined actions, performance metrics, and projected
timelines to achieve the following specified tasks:
(I) Train, educate, and prepare commanders and their
staffs, and the Joint Force as a whole, to lead, manage, and
conduct operations in the information environment.
(II) Train, educate, and prepare information operations
professionals and practitioners to enable effective
operations in the information environment.
(III) Manage information operations professionals,
practitioners, and organizations to meet emerging operational
needs.
(IV) Establish a baseline assessment of current ability of
the Department to conduct operations in the information
environment, including an identification of the types of
units and organizations currently responsible for building
and employing information-related capabilities and an
assignment of appropriate roles and missions for each type of
unit or organization.
(V) Develop the ability of the Department and operating
forces to engage, assess, characterize, forecast, and
visualize the information environment.
(VI) Develop and maintain the proper capabilities and
capacity to operate effectively in the information
environment in coordination with implementation of related
cyber and other strategies.
(VII) Develop and maintain the capability to assess
accurately the effect of operations in the information
environment.
(VIII) Adopt, adapt, and develop new science and technology
for the Department to operate effectively in the information
environment.
(IX) Develop and adapt information environment-related
concepts, policies, and guidance.
(X) Ensure doctrine relevant to operations in the
information environment remains current and responsive based
on lessons learned and best practices.
(XI) Develop, update, and de-conflict authorities and
permissions, as appropriate, to enable effective operations
in the information environment.
(XII) Establish and maintain partnerships among Department
and interagency partners to enable more effective whole-of-
government operations in the information environment.
(XIII) Establish and maintain appropriate interaction with
entities that are not part of the Federal Government,
including entities in industry, entities in academia,
Federally funded research and development centers, and other
organizations, to enable operations in the information
environment.
(XIV) Establish and maintain collaboration between and
among the Department and international partners, including
partner countries and nongovernmental organizations, to
enable more effective operations in the information
environment.
(XV) Foster, enhance, and leverage partnership capabilities
and capacities.
(v) An analysis of any personnel, resourcing, capability,
authority, or other gaps that will need to be addressed to
ensure effective implementation of the strategy described in
subparagraph (A)(i) across all relevant elements of the
Department.
(vi) An investment framework and projected timeline for
addressing any gaps identified under clause (v).
(vii) Such other matters as the Secretary of Defense
considers relevant.
(C) Periodic status reports.--Not later than 90 days after
the date on which the implementation plan is submitted under
subparagraph (A)(ii) and not less frequently than once every
90 days thereafter until the date that is three years after
the date of such submittal, the head of the task force shall
submit to the congressional defense committees a report
describing the status of the efforts of the Department to
accomplish the tasks specified under clauses (iv) and (vi) of
subparagraph (B).
(c) Training and Education.--Consistent with the elements
of the implementation plan required under clauses (i) and
(ii) of subsection (b)(2)(B)(4), the head of the task force
shall establish programs to provide training and education to
such members of the Armed Forces and civilian employees of
the Department of Defense as the Secretary considers
appropriate to ensure understanding of the role of
information in warfare, the central goal of all military
operations to affect the perceptions, views, and decision-
making of adversaries, and the effective management and
conduct of operations in the information environment.
(d) Establishment of Defense Intelligence Officer for
Information Operations and Cyber Operations.--The Secretary
shall establish a position within the Department of Defense
known as the ``Defense Intelligence Officer for Information
Operations and Cyber Operations''.
(e) Definitions.--In this section:
(1) The term ``head of the task force'' means the head
appointed under subsection (a)(2)(A).
(2) The term ``implementation plan'' means the plan
required by subsection (b)(2)(A)(ii).
(3) The term ``task force'' means the cross-functional task
force established under subsection (a)(1)(A).
SEC. 1043. PROHIBITION ON LOBBYING ACTIVITIES WITH RESPECT TO
THE DEPARTMENT OF DEFENSE BY CERTAIN OFFICERS
OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF
THE DEPARTMENT WITHIN TWO YEARS OF SEPARATION
FROM MILITARY SERVICE OR EMPLOYMENT WITH THE
DEPARTMENT.
(a) Prohibition.--An individual described in subsection (b)
may not engage in lobbying activities with respect to the
Department of Defense during the two-year period beginning on
[[Page S5948]]
the date of retirement or separation from service in the
Armed Forces or the date of retirement or separation from
service with the Department, as applicable.
(b) Covered Individuals.--An individual described in this
section is the following:
(1) An officer of the Armed Forces in grade O-7 or higher
at the time of retirement or separation from the Armed
Forces.
(2) A civilian employee of the Department of Defense at the
Senior Executive Service (SES) level or higher at the time of
retirement or separation from service with the Department.
(c) Lobbying Activities With Respect to the Department of
Defense Defined.--In this section:
(1) The term ``lobbying activities with respect to the
Department of Defense'' means the following:
(A) Lobbying contacts and other lobbying activities with
covered executive branch officials and covered legislative
branch officials with respect to the Department of Defense.
(B) Lobbying contacts with covered executive branch
officials described in subparagraphs (C) through (F) of
section 3(3) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1602(3)) in the Department of Defense.
(2) The term ``lobbying activities'' has the meaning given
that term in section 3(7) of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1602(7)).
(3) The term ``covered executive branch official'' has the
meaning given that term in section 3(3) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602(3)).
(4) The term ``covered legislative branch official'' has
the meaning given that term in section 3(4) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602(4)).
SEC. 1044. DEFINITION OF ``UNMANNED AERIAL VEHICLE'' FOR
PURPOSES OF TITLE 10, UNITED STATES CODE.
Section 101(e) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(6) Unmanned aerial vehicle.--The term `unmanned aerial
vehicle'--
``(A) means an aerial vehicle that is not controlled by a
human being after launch, such as a cruise missile; and
``(B) does not include a remotely piloted aerial vehicle if
the vehicle is controlled by a human being after launch.''.
SEC. 1045. TECHNICAL AMENDMENT RELATING TO MANAGEMENT OF
MILITARY TECHNICIANS.
Section 1053(a)(1) of the National Defense Authorization
Act for Fiscal Year 2016 (10 U.S.C. 10216 note) is amended by
striking ``20 percent'' and inserting ``12.6 percent''.
SEC. 1046. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
RETIREMENT OF LEGACY MARITIME MINE
COUNTERMEASURE PLATFORMS.
Section 1045(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) is amended in the
matter preceding paragraph (1) by striking ``authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2017 for the Navy'' and inserting ``authorized to
be appropriated or otherwise made available for the Navy for
fiscal year 2017 or 2018''.
SEC. 1047. SENSE OF CONGRESS ON THE BASING OF KC-46A AIRCRAFT
OUTSIDE THE CONTINENTAL UNITED STATES.
(a) Finding.--Congress finds that the Department of Defense
is continuing its process of permanently stationing KC-46A
aircraft at installations in the continental United States
(CONUS) and forward-basing outside the continental United
States (OCONUS).
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of the Air Force, as part of the strategic
basing process for KC-46A aircraft, should continue to place
emphasis on and consider the benefits derived from locations
outside the continental United States that--
(1) support day-to-day air refueling operations, operations
plans of the combatant commands, and flexibility for
contingency operations, and have--
(A) a strategic location that is essential to the defense
of the United States and its interests;
(B) receivers for boom or probe-and-drogue training
opportunities with joint and international partners; and
(C) sufficient airfield and airspace availability and
capacity to meet requirements; and
(2) possess facilities that--
(A) take full advantage of existing infrastructure to
provide--
(i) runway, hangars, and aircrew and maintenance
operations; and
(ii) sufficient fuels receipt, storage, and distribution
capacities for a 5-day peacetime operating stock; and
(B) minimize overall construction and operational costs.
SEC. 1048. AUTHORIZATION TO PROCURE UP TO SIX POLAR-CLASS
ICEBREAKERS.
(a) Authority To Procure Icebreakers.--
(1) In general.--The Secretary of the department in which
the Coast Guard is operating may, in consultation with the
Secretary of the Navy, enter into a contract or contracts for
the procurement of up to six polar-class icebreakers,
including--
(A) polar-class heavy icebreakers; and
(B) polar-class medium icebreakers.
(2) Condition for out-year contract payments.--A contract
entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2018 is subject
to the availability of appropriations or funds for that
purpose for such later fiscal year.
(b) Comptroller General of the United States Report.--
(1) In general.--Not later than 45 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, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives a report
assessing the cost and procurement schedule for new United
States icebreakers.
(2) Elements.--The report required in paragraph (1) shall
include an analysis of the following:
(A) The current status of the efforts of the Coast Guard to
acquire new icebreaking capability, including coordination
through the Integrated Program Office.
(B) Actions being taken by the Coast Guard to incorporate
key practices from other nations that procure icebreakers to
increase knowledge and reduce costs and risks.
(C) The extent by which the cost and schedule for building
Coast Guard icebreakers differs from those in other
countries, if known.
(D) The extent that innovative acquisition practices (such
as multiyear funding and block buys) may be applied to
icebreaker acquisition to reduce the cost and accelerate the
schedule.
(E) A capacity replacement plan to mitigate a potential
icebreaker capability gap if the Polar Star cannot remain in
service.
(F) Any other matters the Comptroller General considers
appropriate.
SEC. 1049. SENSE OF CONGRESS ON USE OF TEST SITES FOR
RESEARCH AND DEVELOPMENT ON COUNTERING UNMANNED
AIRCRAFT SYSTEMS.
It is the sense of Congress that--
(1) the armed unmanned aircraft systems deployed by
adversaries for military purposes pose a threat to military
installations, critical infrastructure, and members of the
Armed Forces in conflict areas like Iraq and Syria;
(2) the unmanned aircraft systems test sites designated by
the Federal Aviation Administration offer unique
capabilities, expertise, and airspace for research and
development related to unmanned aircraft systems; and
(3) the Armed Forces should, as appropriate and to the
extent practicable, seek to leverage the test sites described
in paragraph (2), as well as existing Department of Defense
facilities with appropriate expertise, for research and
development on capabilities to counter the nefarious use of
unmanned aircraft systems.
Subtitle F--Studies and Reports
SEC. 1061. ASSESSMENT OF GLOBAL FORCE POSTURE.
(a) Assessment Required.--The Secretary of Defense shall,
in consultation with the Chairman of the Joint Chiefs of
Staff and the commanders of the combatant commands, provide
for and oversee an assessment of the global force posture of
the Armed Forces.
(b) Report.--Not later than the earlier of 180 days after
the production of the 2018 National Defense Strategy (which
is intended to be closely coordinated with and complementary
to a new National Security Strategy) or December 31, 2018,
the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the assessment required by subsection (a). The
report shall include the following:
(1) Recommendations for force size, structure, and basing
in Europe, the Middle East, and Asia Pacific that reflect and
complement the force sizing construct included in the 2018
National Defense Strategy in order to guide the growth of the
force structure of the Armed Forces, which recommendations
shall be based on an evaluation of the relative costs of
rotational and forward-based forces as well as impacts to
deployment timelines of threats to lines of communication and
anti-access area denial capabilities of potential
adversaries.
(2) An assessment by each commander of a geographic
combatant command of the capability and force structure gaps
within the context of an evaluation of the potential threats
in the theater of operations of the combatant command
concerned and the operation plans that such combatant command
are expected to execute.
(3) An evaluation of the concept of operations and the
sources of manpower for headquarters required to oversee and
direct execution of current operations plans.
SEC. 1062. ARMY MODERNIZATION STRATEGY.
(a) Strategy Required.--The Secretary of the Army shall
develop a modernization strategy for the total Army.
(b) Elements.--The strategy required by subsection (a)
shall include the following:
(1) A comprehensive description of the future total Army,
including key objectives, war fighting challenges, and risks,
sufficient to establish requirements, set priorities,
identify opportunity costs, and establish acquisition time
lines for the total Army over a period beyond the period of
the current future-years defense program under section 221 of
title 10, United States Code.
(2) Mechanisms for identifying programs of the Army that
may be unnecessary, or do not perform according to
expectations, in achieving the future total Army.
(3) A comprehensive description of the manner in which the
future total Army intends to fight and win as part of a joint
force engaged in combat across all operational domains.
(4) A comprehensive description of the mechanisms required
by the future total Army to maintain command, control, and
communications and sustainment.
(c) Particular Considerations.--In developing the strategy
required by subsection (a), the Secretary shall take into
particular account the following:
(1) Current trends and developments in weapons and
equipment technologies.
(2) New tactics and force design of peer adversaries,
including the rapid pace of development of such tactics and
force design by such adversaries.
[[Page S5949]]
(d) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees the strategy required by
subsection (a).
(2) Form.--If the report is submitted in classified form,
the report shall be accompanied by an unclassified summary.
SEC. 1063. REPORT ON ARMY PLAN TO IMPROVE OPERATIONAL UNIT
READINESS BY REDUCING NUMBER OF NON-DEPLOYABLE
SOLDIERS ASSIGNED TO OPERATIONAL UNITS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to the
congressional defense committees a report on the plans of the
Army to improve operational unit readiness in the Army by
reducing the number of non-deployable soldiers assigned to
operational units of the Army and replacing such soldiers
with soldiers capable of world-wide deployment.
SEC. 1064. EFFORTS TO COMBAT PHYSIOLOGICAL EPISODES ON
CERTAIN NAVY AIRCRAFT.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, and every 90 days thereafter until
January 1, 2020, the Secretary of the Navy shall provide to
the congressional defense committees information on efforts
by the Navy's Physiological Episode Team to combat the
prevalence of physiological episodes in F/A-18 Hornet and
Super Hornet, EA-18G Growler, and T-45 Goshawk aircraft.
(b) Elements.--The information required under subsection
(a) shall include the following elements:
(1) A description of Naval Aviation Enterprise activities
addressing physiological episodes during the reporting
period.
(2) An estimate of funding expended in support of the
activities described under paragraph (1).
(3) A description of any planned or executed changes to
Physiological Episode Team structure or processes.
(4) A description of activities planned for the upcoming
two quarters.
(c) Form.--The information required under subsection (a)
may be provided in a written report or a briefing.
SEC. 1065. STUDIES ON AIRCRAFT INVENTORIES FOR THE AIR FORCE.
(a) Independent Studies.--
(1) In general.--The Secretary of Defense shall provide for
the performance of three independent studies of alternative
aircraft inventories through 2030, and an associated force-
sizing construct, for the Air Force.
(2) Submittal to congress.--Not later than March 1, 2019,
the Secretary shall submit the results of each study to the
congressional defense committees.
(3) Form.--The result of each study shall be submitted in
unclassified form, but may include a classified annex.
(b) Entities To Perform Studies.--The Secretary shall
provide for the studies under subsection (a) to be performed
as follows:
(1) One study shall be performed by the Secretary of the
Air Force, in consultation with the Director of the Office of
Net Assessment.
(2) One study shall be performed by a federally funded
research and development center.
(3) One study shall be conducted by an independent,
nongovernmental institute which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code, and has
recognized credentials and expertise in national security and
military affairs.
(c) Performance of Studies.--
(1) Independent performance.--The Secretary shall require
the studies under this section to be conducted independently
of one another.
(2) Matters to be considered.--In performing a study under
this section, the organization performing the study, while
being aware of current and projected aircraft inventories for
the Air Force, shall not be limited by such current or
projected aircraft inventories, and shall consider the
following matters:
(A) The national security and national defense strategies
of the United States.
(B) Potential future threats to the United States and to
United States air and space forces through 2030.
(C) Traditional roles and missions of the Air Force.
(D) Alternative roles and missions for the Air Force.
(E) The force-sizing methodology and rationale used to
calculated aircraft inventory levels.
(F) Other government and nongovernment analyses that would
contribute to the study through variations in study
assumptions or potential scenarios.
(G) The role of evolving technology on future air forces,
including unmanned and space systems.
(H) Opportunities for reduced operation and sustainment
costs.
(I) Current and projected capabilities of other Armed
Forces that could affect force structure capability and
capacity requirements of the Air Force.
(d) Study Results.--The results of each study under this
section shall--
(1) identify a force-sizing construct for the Air Force
that connects national security strategy to aircraft
inventories;
(2) present the alternative aircraft inventories
considered, with assumptions and possible scenarios
identified for each;
(3) provide for presentation of minority views of study
participants; and
(4) for the recommended inventories, provide--
(A) the numbers and types of aircraft, the numbers and
types of manned and unmanned aircraft, and the basic
capabilities of each of such platforms;
(B) describe the force-sizing rationale used to arrive at
the recommended inventory levels;
(C) other information needed to understand the aircraft
inventories in basic form and the supporting analysis; and
(D) options to address aircraft types whose retirement
commences before 2030.
SEC. 1066. PLAN AND RECOMMENDATIONS FOR INTERAGENCY VETTING
OF FOREIGN INVESTMENTS WITH POTENTIAL IMPACTS
ON NATIONAL DEFENSE AND NATIONAL SECURITY.
(a) Plan and Recommendations Required.--The Secretary of
Defense shall, in consultation with the Secretary of State
and the Secretary of Treasury, assess and develop a plan, and
recommendations for agencies of the United States Government
other than the Department of Defense, to improve the
effectiveness of interagency vetting of foreign investments
that could potentially impair both the national security of
the United States and the ability of the Department to defend
the nation, specifically investments from nations that pose
threats to the national security interests of the United
States.
(b) Objectives.--The assessment, plan, and recommendations
required by subsection (a) shall have the following
objectives:
(1) To increase collaboration and coordination among the
Department of Defense and other agencies of the United States
Government, including the Director of National Intelligence,
in the identification and prevention of foreign investments
that could potentially impair the national security of the
United States and the ability of the Department to defend the
nation.
(2) To increase collaboration and cooperation among the
United States Government and governments of United States
allies and partners on investments described in paragraph
(1), including through information sharing.
(3) To restrict investments described in paragraph (1) by
countries of special concern in critical technologies and
emerging technologies that are foundational for maintaining
the United States technological advantage.
(c) Analysis of Issues.--The plan and recommendations
required by subsection (a) shall be based upon the results of
an analysis of issues as follows:
(1) Whether the current interagency vetting processes and
policies place adequate focus on the country of origin of
each transaction, particularly when it is a country of
special concern, and whether certain transactions emanating
from those countries should be presumed to pose certain risks
to the ability of the Department to defend the nation.
(2) What are the current or projected major vulnerabilities
of the Department pertaining to foreign investment, including
in the areas of cybersecurity, reliance on foreign suppliers
in the supply chain for defense equipment, limitations on
access to certain materials that are essential for national
defense, and the use of transportation assets and other
critical infrastructure for training, mobilizing, and
deploying forces.
(3) Whether the current interagency vetting process for
foreign investments--
(A) requires additional resources in order to be effective;
(B) permits the Department adequate time to thoroughly
review transactions to conduct national security threat
assessments and also determine the impacts of transactions on
national defense;
(C) adequately takes into account risks to the ability of
the Department to defend the nation posed by transactions
before attempting to mitigate them in various ways; and
(D) provides adequate monitoring and compliance of
agreements to mitigate such risks.
(4) Whether other agencies of the United States Government,
including the Department of the Interior, are aware of the
counterintelligence risks posed to facilities of the
Department by purchases or leases of nearby Federal land and
are cooperative in providing information to permit a proper
assessment of those risks.
(5) Whether and to what extent industrial espionage is
occurring against private United States companies to obtain
commercial secrets related to critical or foundational
technologies.
(6) Whether and to what extent future foreign investments
have the potential for any of the following:
(A) To increase the cost to the Department of acquiring or
maintaining necessary defense-related equipment and systems.
(B) To reduce the United States technological and
industrial advantage relative to any country of special
concern.
(C) To give any country of special concern a heightened
ability to conduct information warfare against the United
States, including through the spread false or misleading
information to the American public and the manipulation of
American public opinion on critical public policy issues.
(7) Whether currently mandated annual reports to Congress
on the interagency vetting of foreign investments provide
valuable information.
(d) Elements.--The elements of the assessment, plan, and
recommendations required by subsection (a) shall include the
following:
(1) A list of countries of special concern for investments
that could potentially impair the ability of the Department
to defend the nation.
(2) A description of recent trends in foreign investment
transactions by countries of special concern, including joint
ventures, the sale of assets pursuant to bankruptcy, and the
purchase or lease of real estate in proximity to military
installations.
(3) A description of any strategies used by countries of
special concern to exploit vulnerabilities in existing
foreign investment vetting processes and regulations.
(4) An assessment of any market distortion or unfair
competition by any country of special concern that directly
or indirectly impairs the
[[Page S5950]]
national security or the United States and the ability of the
Department to defend the nation.
(e) Reports.--
(1) Interim report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the progress of the
Secretary in developing the plan and recommendations required
by subsection (a).
(2) Final report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
the committees of Congress referred to in paragraph (1) a
report setting forth the plan and recommendations developed
pursuant to subsection (a).
(3) Form.--Each report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1067. REPORT ON AUTHORITIES FOR THE EMPLOYMENT, USE, AND
STATUS OF NATIONAL GUARD AND RESERVE
TECHNICIANS.
(a) In General.--Not later than April 1, 2018, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth the results of a review, undertaken by
the Secretary for purposes of the report, of the following:
(1) Authority for the employment, use, and status of
National Guard technicians under section 709 of title 32,
United States Code (commonly referred to as the ``National
Guard Technicians Act of 1968'').
(2) Authorities for the employment, use, and status of
National Guard and Reserve technicians under sections 10216
through 10218 of title 10, United States Code.
(3) Any other authorities on the employment, use, and
status of National Guard and Reserve technicians under law.
(b) Purposes.--The purposes of the review required pursuant
to subsection (a) shall be as follows:
(1) To define the mission and requirements of National
Guard and Reserve technicians.
(2) To identify means to improve the management and
administration of the National Guard and Reserve technician
workforce.
(3) To identify means to enhance the capability of the
Department of Defense to recruit and retain National Guard
and Reserve technicians.
(4) To assess the current career progression tracks of
National Guard and Reserve technicians.
(c) Consultation.--In conducting the review required
pursuant to subsection (a), the Secretary shall consult with
the Chief of the National Guard Bureau, the Chief of Army
Reserve, the Chief of Air Force Reserve, and representatives
of National Guard and Reserve technicians (including
collective bargaining representatives of such technicians).
(d) Inclusion of Recent Authorities in Review.--The
Secretary shall ensure that the review required pursuant to
subsection (a) takes into account authorities, and
modifications of authorities, for the employment, use, and
status of National Guard and Reserve technicians in the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328).
(e) Required Elements.--In meeting the purposes of the
review as set forth in subsection (b), the review required
pursuant to subsection (a) shall address, in particular, the
following:
(1) The extent to which National Guard and Reserve
technicians are assigned military duties inconsistent with,
or of a different nature than, their civilian duties, the
impact of such assignments on unit readiness, and the effect
of such assignments on the career progression of technicians.
(2) The use by the Department of Defense (especially within
the National Guard) of selective retention boards to separate
National Guard and Reserve technicians from military service
(with the effect of thereby separating them from civilian
service) before they accrue a full, unreduced retirement
annuity in connection with Federal civilian service, and
whether that use is consistent with the authority in section
10216(f) of title 10, United States Code, that technicians be
permitted to remain in service past their mandatory
separation date until they qualify for an unreduced
retirement annuity.
(3) The feasibility and advisability of extending
eligibility for benefits under the TRICARE program to
National Guard and Reserve technicians, including the types,
if any, of benefits whose extension would be feasible and
advisable.
(4) The impact on recruitment and retention, and the
budgetary impact, of permitting National Guard and Reserve
technicians who receive an enlistment incentive before
becoming a technician to retain such incentive upon becoming
a technician.
(f) Report Elements.--The report required by subsection (a)
shall include the following:
(1) The results of the review undertaken pursuant to
subsection (a), including on the matters set forth in
subsections (b) and (e).
(2) Such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
review in order to improve and enhance the employment, use,
and status of National Guard and Reserve technicians.
SEC. 1068. CONFORMING REPEALS AND TECHNICAL AMENDMENTS IN
CONNECTION WITH REPORTS OF THE DEPARTMENT OF
DEFENSE WHOSE SUBMITTAL TO CONGRESS HAS
PREVIOUSLY BEEN TERMINATED BY LAW.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Section 113(c) is amended--
(A) by striking paragraph (2);
(B) by striking ``(1)''; and
(C) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively.
(2) Section 113 is further amended by striking subsection
(l).
(3)(A) Section 115a is repealed.
(B) The table of sections at the beginning of chapter 2 is
amended by striking the item relating to section 115a.
(4) Section 386(c)(1) is amended by striking ``331,''.
(5)(A) Section 235 is repealed.
(B) The table of sections at the beginning of chapter 9 is
amended by striking the item relating to section 235.
(6) Section 428 is amended by striking subsection (f).
(7) Section 974(d) is amended by striking paragraph (3).
(8) Section 1073b is amended--
(A) by striking subsection (a); and
(B) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(9) Section 1597 is amended--
(A) by striking subsection (c);
(B) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively; and
(C) in subsection (c), as redesignated by subparagraph (B),
by striking ``or a master plan prepared under subsection
(c)''.
(10) Section 1705 is amended--
(A) by striking subsection (f); and
(B) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(11) Section 1722b is amended by striking subsection (c).
(12) Section 1781b is amended by striking subsection (d).
(13) Section 2193b is amended--
(A) by striking subsection (g); and
(B) by redesignating subsection (h) as subsection (g).
(14) Section 2262 is amended by striking subsection (d).
(15) Section 2263 is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b).
(16)(A) Section 2277 is repealed.
(B) The table of sections at the beginning of chapter 135
is amended by striking the item relating to section 2277.
(17) Section 2306b(l) is amended--
(A) by striking paragraphs (4) and (5); and
(B) by redesignating paragraphs (6), (7), (8), and (9) as
paragraphs (4), (5), and (6), and (7), respectively.
(18)(A) Section 2313a is repealed.
(B) The table of sections at the beginning of chapter 137
is amended by striking the item relating to section 2313a.
(19) Section 2330a is amended by striking subsection (c).
(20) Section 2350j is amended by striking subsection (f).
(21) Section 2410i(c) is amended by striking the second
sentence.
(22) Section 2475 is amended--
(A) by striking subsection (a); and
(B) by striking ``(b) Notification of Decision To Execute
Plan.--''.
(23) Section 2506 is amended--
(A) by striking ``(a) Departmental Guidance.--''; and
(B) by striking subsection (b).
(24) Section 2537 is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b).
(25) Section 2564 is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsection
(e) and (f), respectively.
(26) Section 2831 is amended--
(A) by striking subsection (e);
(B) by redesignating subsection (f) as subsection (e); and
(C) in subsection (e), as so redesignated--
(i) by striking ``(1) Except as provided in paragraphs (2)
and (3), the Secretary'' and inserting ``The Secretary'';
(ii) by striking paragraphs (2) and (3); and
(iii) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(27) Section 2859 is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(28) Section 2861 is amended by striking subsection (d).
(29) Section 2866(b) is amended by striking paragraph (3).
(30) Section 2912 is amended by striking subsection (d).
(31)(A) Section 4316 is repealed.
(B) The table of sections at the beginning of chapter 401
is amended by striking the item relating to section 4316.
(32) Section 5144(d) is amended--
(A) by striking ``(1)'' before ``The Commander''; and
(B) by striking paragraph (2).
(33) Section 10504 is amended--
(A) by striking ``(a) Annual Report.--''; and
(B) by striking subsection (b).
(b) Title 32, United States Code.--Section 509 of title 32,
United States Code, is amended--
(1) by striking subsection (k); and
(2) by redesignating subsections (l) and (m) as subsections
(k) and (l), respectively.
(c) Title 5, United States Code.--Section 9902(f)(2) of
title 5, United States Code, is amended--
(1) by striking ``(A)'' after ``(2)''; and
(2) by striking subparagraphs (B) and (C).
(d) Department of Defense Authorization Act, 1985.--Section
1003 of the Department of Defense Authorization Act, 1985
(Public Law 98-525; 22 U.S.C. 1928 note) is amended by
striking subsections (c) and (d).
[[Page S5951]]
(e) National Defense Authorization Act, Fiscal Year 1989.--
Subsection (b) of section 1009 of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 22
U.S.C. 1928 note) is repealed.
(f) National Defense Authorization Act for Fiscal Years
1990 and 1991.--Section 211 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 103 Stat. 1394) is amended by striking subsection
(e).
(g) National Defense Authorization Act for Fiscal Year
1991.--Section 1518 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 24 U.S.C. 418) is
amended--
(1) in subsection (c)(1), by striking ``Congress and'' in
the second sentence; and
(2) in subsection (e)--
(A) by striking paragraph (2);
(B) by striking ``(1)'' before ``Not later than''; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(h) National Defense Authorization Act for Fiscal Year
1994.--Section 1603 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 22 U.S.C. 2751
note) is amended by striking subsection (d).
(i) National Defense Authorization Act for Fiscal Year
1995.--Section 533 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 113 note)
is repealed.
(j) National Defense Authorization Act for Fiscal Year
2000.--Section 366 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 113 note)
is amended by striking subsection (f).
(k) National Defense Authorization Act for Fiscal Year
2002.--The National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107) is amended as follows:
(1) Section 346 (115 Stat. 1062) is amended--
(A) by striking subsections (b) and (c); and
(B) by redesignating subsection (d) as subsection (b).
(2) Section 1008(d) (10 U.S.C. 113 note) is amended--
(A) by striking ``(1)'' before ``On each''; and
(B) by striking paragraph (2).
(l) National Defense Authorization Act for Fiscal Year
2003.--Section 817 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
10 U.S.C. 2306a note) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
(m) National Defense Authorization Act for Fiscal Year
2004.--Section 1022 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 271 note)
is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(n) National Defense Authorization Act for Fiscal Year
2006.--The National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163) is amended as follows:
(1) Section 123 (119 Stat. 3157) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d).
(2) Section 218(c) (119 Stat. 3171) is amended by striking
paragraph (3).
(3) Section 1224 (10 U.S.C. 113 note) is repealed.
(o) National Defense Authorization Act for Fiscal Year
2007.--Section 357 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
22 U.S.C. 4865 note) is amended--
(1) by striking ``(a) Reconciliation Required.--''; and
(2) by striking subsection (b).
(p) National Defense Authorization Act for Fiscal Year
2008.--The National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181) is amended as follows:
(1) Section 328 (10 U.S.C. 4544 note) is amended by
striking subsection (b).
(2) Section 330 (122 Stat. 68) is amended by striking
subsection (e).
(3) Section 845 (5 U.S.C. App. 5 note) is repealed.
(q) National Defense Authorization Act for Fiscal Year
2009.--The Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417) is amended as
follows:
(1) Section 943 (122 Stat. 4578) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f), (g), and (h) as
subsections (e), (f), and (g), respectively.
(2) Section 1014 (122 Stat. 4586) is amended by striking
subsection (c).
(3) Section 1048 (122 Stat. 4603) is repealed.
(r) National Defense Authorization Act for Fiscal Year
2010.--Section 121 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2211) is
amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(s) National Defense Authorization Act for Fiscal Year
2011.--The Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383) is amended as follows:
(1) Section 112(b) (124 Stat. 4153) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraph (4) as paragraph (3).
(2) Section 243 (10 U.S.C. 2358 note) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(3) Section 866(d) (10 U.S.C. 2302 note) is amended--
(A) by striking ``(d) Reports.--'' and all that follows
through ``(2) Program assessment.--If the Secretary'' and
inserting the following:
``(d) Program Assessment.--If the Secretary''; and
(B) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively, and indenting the
left margin of such paragraphs, as so redesignated, two ems
from the left margin.
(4) Section 1054 (10 U.S.C. 113 note) is repealed.
(t) National Defense Authorization Act for Fiscal Year
2012.--The National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81) is amended as follows:
(1) Subsection (b) of section 1102 (5 U.S.C. 9902 note) is
repealed.
(2) Section 1207 (22 U.S.C. 2151 note) is amended--
(A) by striking subsection (n); and
(B) by redesignating subsections (o) and (p) as subsections
(n) and (o), respectively.
(3) Section 2828 (10 U.S.C. 7291 note) is amended--
(A) by striking ``(a) Metering Required.--''; and
(B) by striking subsection (b).
(4) Section 2867 (10 U.S.C. 2223a note) is amended by
striking subsection (d).
(u) National Defense Authorization Act for Fiscal Year
2013.--The National Defense Authorization Act for Fiscal Year
2013 (Public Law 112-239) is amended as follows:
(1) Section 126 (126 Stat. 1657) is amended--
(A) by striking ``(a) Designation Required.--''; and
(B) by striking subsection (b).
(2) Section 144 (126 Stat. 1663) is amended by striking
subsection (c).
(3) Section 716 (10 U.S.C. 1074g note) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(4) Section 738(e) (10 U.S.C. 1071 note) is amended--
(A) by striking ``Reports Required.--'' and all that
follows through ``Not later than'' and inserting ``Report.--
Not later than''; and
(B) by striking paragraph (2).
(5) Section 865 (126 Stat. 1861) is repealed.
(6) Section 917 (126 Stat. 1878) is repealed.
(7) Subsection (c) of section 921 (126 Stat. 1878) is
repealed.
(8) Subsection (c) of section 1079 (10 U.S.C. 221 note) is
repealed.
(9) Section 1211(d) (126 Stat. 1983) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraph (4) as paragraph (3).
(10) Section 1273 (22 U.S.C. 2421f) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d).
(11) Section 1276 (10 U.S.C. 2350c note) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(v) National Defense Authorization Act for Fiscal Year
2014.--The National Defense Authorization Act for Fiscal Year
2014 (Public Law 113-66) is amended as follows:
(1) Section 907(c)(3) (10 U.S.C. 1564 note) is amended--
(A) by striking ``Metrics.--'' and all that follows through
``In developing the strategy'' and inserting ``Metrics.--In
developing the strategy''; and
(B) by striking subparagraph (B).
(2) Section 923 (10 U.S.C. prec. 421 note) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(3) Section 1249 (127 Stat. 925) is repealed.
(4) Section 1611 (127 Stat. 947) is amended by striking
subsection (d).
(5) Section 2916 (127 Stat. 1028) is amended--
(A) by striking ``(a) Program of Decontamination
Required.--''; and
(B) by striking subsection (b).
(w) National Defense Authorization Act for Fiscal Year
2015.--The Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291) is amended as follows:
(1) Section 232 (10 U.S.C. 2358 note) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(2) Section 914(d) (5 U.S.C. 5911 note) is amended--
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as paragraph (2).
(3) Section 1052(b) (128 Stat. 3497) is amended--
(A) by striking paragraph (2);
(B) by striking ``Reports Required.--'' and all that
follows through ``Not later than'' and inserting ``Report.--
Not later than''; and
(C) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3) and indenting the left margin of
such paragraphs, as so redesignated, two ems from the left
margin.
(4) Section 1207 (10 U.S.C. 2342 note) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
(5) Section 1209 (128 Stat. 3542) is amended by striking
subsection (d).
(6) Section 1236 (128 Stat. 3559) is amended by striking
subsection (d).
(7) Section 1325 (50 U.S.C. 3715) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
[[Page S5952]]
(8) Section 1341 (50 U.S.C. 3741) is repealed.
(9) Section 1342 (50 U.S.C. 3742) is repealed.
(10) Section 1532(b) (128 Stat. 3613) is amended by
striking paragraph (5).
(11) Section 1534 (128 Stat. 3616) is amended--
(A) by striking subsection (g); and
(B) by redesignating subsection (h) as subsection (g).
(12) Section 1607 (128 Stat. 3625) is amended--
(A) by striking subsection (b);
(B) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively; and
(C) in subsection (c), as redesignated by subparagraph (B),
by striking ``requirements under subsections (a) and (b)''
and inserting ``requirement in subsection (a)''.
(x) Intelligence Reform and Terrorism Prevention Act of
2004.--Section 3002(c) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3343(c)) is
amended by striking paragraph (4).
SEC. 1069. ANNUAL REPORTS ON APPROVAL OF EMPLOYMENT OR
COMPENSATION OF RETIRED GENERAL OR FLAG
OFFICERS BY FOREIGN GOVERNMENTS FOR EMOLUMENTS
CLAUSE PURPOSES.
(a) Annual Reports.--Section 908 of title 37, United States
Code, is amended by adding at the end the following new
subsection:
``(d) Annual Reports on Approvals for Retired General and
Flag Officers.--(1) Not later than January 31 each year, the
Secretaries of the military departments shall jointly submit
to the appropriate committees and Members of Congress a
report on each approval under subsection (b) for employment
or compensation described in subsection (a) for a retired
member of the armed forces in a general or flag officer grade
that was issued during the preceding year.
``(2) In this subsection, the appropriate committees and
Members of Congress are--
``(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate;
``(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives;
``(C) the Majority Leader and the Minority Leader of the
Senate; and
``(D) the Speaker of the House of Representatives and the
Minority Leader of the House of Representatives.''.
(b) Scope of First Report.--The first report submitted
pursuant to subsection (d) of section 908 of title 37, United
States Code (as added by subsection (a) of this section),
after the date of the enactment of this Act shall cover the
five-year period ending with the year before the year in
which such report is submitted.
SEC. 1070. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION
WITH UNITED STATES MILITARY OPERATIONS.
(a) Annual Report Required.--Not later than May 1 each
year, the Secretary of Defense shall submit to the
congressional defense committees a report on civilian
casualties caused as a result of United States military
operations during the preceding year.
(b) Elements.--Each report under subsection (a) shall set
forth the following:
(1) A list of all the United States military operations
during the year covered by such report that were confirmed to
have resulted in civilian casualties.
(2) For each military operation listed pursuant to
paragraph (1), the following:
(A) The date.
(B) The location.
(C) The type of operation.
(D) The confirmed number of civilian casualties.
(c) Form.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Sunset.--The requirement to submit a report under
subsection (a) shall expire on the date that is five years
after the date of the enactment of this Act.
SEC. 1071. REPORT ON LARGE-SCALE, JOINT EXERCISES INVOLVING
THE AIR AND LAND DOMAINS.
(a) Findings.--Congress makes the following findings:
(1) General Milley has stated that the Army would
experience ``High Military Risk'' against emerging threats or
great power conflict.
(2) General Goldfein has stated that ``for 15 consecutive
years, the Army's been decisively committed to Iraq and
Afghanistan and other counter terrorist, counter insurgency
type operations. In order to do that, [the Air Force]
essentially came off of a core warfare fighting skills of
combined arms maneuver against a near peer or a higher end
threat''.
(3) The United States has grown accustomed to technological
supremacy and weapons overmatch to deter and defeat potential
adversaries.
(4) The Department of Defense conducts several large-scale,
joint exercises that stress interoperability in contested air
and sea domains, including the VALIANT SHIELD, NORTHERN EDGE,
and RIMPAC exercises, yet few large-scale, joint Army and Air
Force exercises exist to stress interoperability in contested
air and land domains.
(5) Large-scale, joint training exercises that stress
interoperability across domains are a vital part of
establishing and maintaining military readiness for conflicts
involving near-peer competitors.
(6) It is to the benefit of the United States and the North
Atlantic Treaty Organization (NATO) to train to contested air
and land operations in order to increase joint and coalition
readiness, as well as to correct capability gaps in the
European theatre of operations that may be discovered during
these exercises.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the
Defense shall submit to the congressional defense committees
a report on the following:
(1) Existing large-scale, joint exercises involving the air
and land domains.
(2) Plans to expand the scale and scope of the exercises
described in paragraph (1).
(3) Plans to conduct new large-scale, joint exercises in
the domains referred to in paragraph (1).
(c) Potential Locations for Expanded or New Exercises.--The
report under subsection (b) shall include an analysis of
potential locations for the expanded or new exercises covered
by the plans described in paragraphs (2) and (3) of that
subsection, with priority given to locations that facilitate
training by and with--
(1) sufficient overlapping airspace and ground range
capabilities and capacity to meet the training requirements
for operating within an anti-access area denial (A2/AD)
environment for air and ground operations;
(2) the ability to host bilateral and multilateral training
opportunities with international partners in both the air and
land domains;
(3) limited encroachments that adversely impact training or
operations;
(4) robust use of the electromagnetic spectrum, including
global positioning system (GPS), atmospheric, and
communications-jamming;
(5) minimization of adversary intelligence collection
capabilities;
(6) realistic replication of diverse geographic,
topographic, and weather environments in which a near-peer
combined air and ground campaign might occur;
(7) existing facilities to support personnel, operations,
and logistics associated with the flying missions and ground
maneuver missions; and
(8) minimization of overall construction and operational
costs.
SEC. 1072. DEPARTMENT OF DEFENSE REVIEW OF NAVY CAPABILITIES
IN THE ARCTIC REGION.
(a) Report on Capabilities.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report on
the capabilities of the Navy in the Arctic region.
(2) Elements.--The report required by paragraph (1) shall
include an analysis of the following:
(A) The current naval capabilities of the Department of
Defense in the Arctic region, with a particular emphasis on
surface capabilities.
(B) Any gaps that exist between the current naval
capabilities described in paragraph (1) and the ability of
the Department to fully execute its updated strategy for the
Arctic region.
(C) Any gaps in the capabilities described in paragraph (1)
that require ice-hardening of existing vessels or the
construction of new vessels to preserve freedom of navigation
in the Arctic region whenever and wherever necessary.
(D) An analysis and recommendation of which Navy vessels
could be ice-hardened to effectively preserve freedom of
navigation in the Arctic region when and where necessary, in
all seasons and weather conditions.
(E) An analysis of any cost increases or schedule
adjustments that may result from ice-hardening existing or
new Navy vessels.
(b) Comptroller General of the United States Review.--Not
later than 90 days after the date on which the Secretary
submits the report required by subsection (a), the
Comptroller General of the United States shall submit to the
congressional defense committees a review of the report,
including any matters in connection with the report and the
review that the Comptroller General considers appropriate.
(c) Form.--The report under subsection (a) and the review
under subsection (b) shall each be submitted in unclassified
form, but may include a classified annex.
SEC. 1073. BUSINESS CASE ANALYSIS ON ESTABLISHMENT OF ACTIVE
DUTY ASSOCIATION AND ADDITIONAL PRIMARY
AIRCRAFT AUTHORIZATIONS FOR THE 168TH AIR
REFUELING WING.
(a) Business Case Analysis.--The Secretary of the Air Force
shall conduct a business case analysis on the establishment
of an active or classic association with the 168th Air
Refueling Wing.
(b) Elements.--The business case analysis conducted under
subsection (a) shall address the following:
(1) Consideration of the addition of two F-35A squadrons at
Eielson Air Force Base, Alaska, in 2020, and an examination
of future shortfalls in air refueling requirements due to
such additional aircraft.
(2) An analysis of potential benefits of adding four
primary aircraft authorizations (PAA) for KC-135R tanker
aircraft to the 168th Air Refueling Wing.
(3) Identification of efficiencies and cost savings to be
achieved by the 168th Air Refueling Wing after an active or
classic association is in place in comparison with
temporarily assigned tanker augmentation rotations.
(4) A detailed comparison of the costs and benefits of an
active association for the 168th Air Refueling Wing with a
classic association for the Wing.
(5) An analysis of the effects of the augmented airlift
capability arising from additional tanker assets for the
168th Air Refueling Wing in better facilitating rapid
deployment of 5th Generation Fighters, necessary support
equipment and personnel, and other rapid response forces.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the business case analysis conducted under
subsection (a).
[[Page S5953]]
SEC. 1074. REPORT ON NAVY CAPACITY TO INCREASE PRODUCTION OF
ANTI-SUBMARINE WARFARE AND SEARCH AND RESCUE
ROTARY WING AIRCRAFT IN LIGHT OF INCREASE IN
THE SIZE OF THE SURFACE FLEET TO 355 SHIPS.
Not later than September 15, 2017, the Secretary of the
Navy shall submit to the congressional defense committees a
report describing and assessing the capacity of the Navy, in
light of an increase in the size of the surface fleet of the
Navy to 355 ships, to increase production of the following:
(1) Anti-submarine warfare rotary wing aircraft.
(2) Search and rescue rotary wing aircraft.
Subtitle G--Other Matters
SEC. 1081. PROTECTION AGAINST MISUSE OF NAVAL SPECIAL WARFARE
COMMAND INSIGNIA.
(a) In General.--Chapter 663 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7882. Protection against misuse of insignia of Naval
Special Warfare Command
``(a) Protection Against Misuse.--Subject to subsection
(b), no person may use any covered Naval Special Warfare
insignia in connection with any promotion, good, service, or
other commercial activity when a particular use would be
likely to suggest a false affiliation, connection, or
association with, endorsement by, or approval of, the United
States Government, the Department of Defense, or the
Department of the Navy.
``(b) Exception.--Subsection (a) shall not apply to the use
of a covered Naval Special Warfare insignia for purposes such
as criticism, comment, news reporting, analysis, research, or
scholarship.
``(c) Treatment of Disclaimers.--Any determination of
whether a person has violated this section shall be made
without regard to any use of a disclaimer of affiliation,
connection, or association with, endorsement by, or approval
of the United States Government, the Department of Defense,
the Department of the Navy, or any subordinate organization
thereof to the extent consistent with international
obligations of the United States.
``(d) Enforcement.--Whenever it appears to the Attorney
General that any person is engaged in, or is about to engage
in, an act or practice that constitutes or will constitute
conduct prohibited by this section, the Attorney General may
initiate a civil proceeding in a district court of the United
States to enjoin such act or practice, and such court may
take such injunctive or other action as is warranted to
prevent the act, practice, or conduct.
``(e) Rule of Construction.--Nothing in this section shall
be construed to limit the authority of the Secretary of the
Navy to register any symbol, name, phrase, term, acronym, or
abbreviation otherwise capable of registration under the
provisions of the Act of July 5, 1946, popularly known as the
Lanham Act or the Trademark Act of 1946 (15 U.S.C. 1051 et
seq.).
``(f) Covered Naval Special Warfare Insignia Defined.--In
this section, the term `covered Naval Special Warfare
insignia' means any of the following:
``(1) The Naval Special Warfare insignia comprising or
consisting of the design of an eagle holding an anchor,
trident, and flint-lock pistol.
``(2) The Special Warfare Combatant Craft Crewman insignia
comprising or consisting of the design of the bow and
superstructure of a Special Operations Craft on a crossed
flint-lock pistol and enlisted cutlass, on a background of
ocean swells.
``(3) Any colorable imitation of the insignia referred to
in paragraphs (1) and (2), in a manner which could reasonably
be interpreted or construed as conveying the false impression
that an advertisement, solicitation, business activity, or
product is in any manner approved, endorsed, sponsored, or
authorized by, or associated with, the United States
Government, the Department of Defense, or the Department of
the Navy.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 663 of such title is amended by adding
at the end the following new item:
``7882. Protection against misuse of insignia of Naval Special Warfare
Command.''.
SEC. 1082. COLLABORATIONS BETWEEN THE ARMED FORCES AND
CERTAIN NON-FEDERAL ENTITIES ON SUPPORT OF
ARMED FORCES MISSIONS ABROAD.
(a) Finding.--The Senate finds that qualified non-Federal
entities have contributed to enhance the effectiveness of the
mission of the Department of Defense through the provision of
private humanitarian, economic, and other non-lethal
assistance from United States citizens in response to local
needs identified by members of the Armed Forces in areas in
which the Armed Forces are deployed abroad.
(b) Sense of Senate.--It is the sense of the Senate that
United States military commanders should collaborate with
and, consistent with applicable laws and regulations, provide
transportation, lodging, and other logistical support to
qualified non-Federal entities to advance missions of the
Armed Forces abroad.
(c) Guidance on Collaborations.--
(1) Review of current guidance.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
Defense shall conduct a review of the guidance of the
Department of Defense applicable to collaborations between
United States military commanders and qualified non-Federal
entities for support of missions of the Armed Forces abroad.
(2) Additional guidance.--If the Secretary determines
pursuant to the review that additional guidance is required
in connection with collaborations described in paragraph (1),
the Secretary shall, not later than 180 days after the date
of the enactment of this Act, issue such additional guidance
as the Secretary considers appropriate in light of the
review, consistent with applicable law.
(3) 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 findings of the review,
including recommendations for such legislative action as the
Secretary considers appropriate to facilitate collaboration
between United States military commanders and qualified non-
Federal entities for support of missions of the Armed Forces
abroad.
(d) Qualified Non-Federal Entity Defined.--In this section,
the term ``qualified non-Federal entity'' means an
organization that--
(1) is based in the United States;
(2) has an independent board of directors and is subject to
independent financial audits;
(3) is privately-funded;
(4) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and is exempt from taxation under
section 501(a) of such Code;
(5) provides international humanitarian, economic, or other
non-lethal assistance;
(6) is a Private Voluntary Organization registered with the
United States Agency for International Development; and
(7) has a stated mission of supporting the safety and
security of members of the Armed Forces, civilian personnel
of the United States, and United States missions abroad.
SEC. 1083. FEDERAL CHARTER FOR SPIRIT OF AMERICA.
(a) Federal Charter.--
(1) In general.--Part B of subtitle II of title 36, United
States Code, is amended by inserting after chapter 2003 the
following new chapter:
``CHAPTER 2005--SPIRIT OF AMERICA
``Sec.
``200501. Organization.
``200502. Purposes.
``200503. Powers.
``200504. Duty to maintain tax-exempt status.
``200505. Annual report.
``Sec. 200501. Organization
``(a) Federal Charter.--Spirit of America (in this chapter
`the corporation'), a nonprofit corporation, is a federally
chartered corporation.
``(b) Expiration of Charter.--If the corporation does not
comply with the provisions of this chapter, the charter
granted by this chapter expires.
``(c) Scope of Charter.--Nothing in the charter granted by
this chapter shall be construed as conferring special rights
or privileges upon the corporation, or as placing upon the
Department of Defense any obligation with respect to the
corporation.
``(d) No Claim of Governmental Approval or Authority.--The
corporation may not claim approval of Congress, or the
authority of the United States, for any activity of the
corporation.
``Sec. 200502. Purposes
``The purposes of the corporation are as provided in its
constitution and bylaws and include the following patriotic,
charitable, and inspirational purposes:
``(1) To respond to the needs of local populations abroad,
as identified by members of the Armed Forces and diplomats of
the United States abroad.
``(2) To provide privately-funded humanitarian, economic,
and other nonlethal assistance to address such needs.
``(3) To support the safety and success of members of the
Armed Forces and diplomats of the United States abroad.
``(4) To connect the people of the United States more
closely to the members of the Armed Forces and diplomats of
the United States abroad, and to the missions carried out by
such personnel abroad.
``(5) To demonstrate the goodwill of the people of the
United States to peoples around the world.
``Sec. 200503. Powers
``The corporation may--
``(1) adopt and amend a constitution, by-laws, and
regulations to carry out the purposes of the corporation;
``(2) adopt and alter a corporate seal;
``(3) establish and maintain offices to conduct its
activities;
``(4) enter into contracts;
``(5) acquire, own, lease, encumber, and transfer property
as necessary and appropriate to carry out the purposes of the
corporation;
``(6) establish, regulate, and discontinue subordinate
State and territorial subdivisions and local chapters or
posts;
``(7) publish a magazine and other publications (including
through the Internet);
``(8) sue and be sued; and
``(9) do any other act necessary and proper to carry out
the purposes of the corporation as provided in its
constitution, by-laws, and regulations.
``Sec. 200504. Duty to maintain tax-exempt status
``The corporation shall maintain its status as an
organization exempt from taxation under the Internal Revenue
Code of 1986.
``Sec. 200505. Annual report
``The corporation shall submit an annual report to Congress
on the activities of the corporation during the prior fiscal
year. The report shall be submitted as the same time as the
report of the audit required by section 10101 of this title.
The report may not be printed as public document.''.
(2) Tables of chapters.--The table of chapters at the
beginning of title 36, United States Code, and at the
beginning of subtitle II of such title, are each amended by
inserting after the
[[Page S5954]]
item relating to chapter 2003 the following new item:
``2005. Spirit of America......................................200501.''
.
(b) Distribution of Corporation Assistance Abroad Through
Department of Defense.--
(1) Acceptance and coordination of assistance.--The
Department of Defense (including members of the Armed Forces)
may, in the discretion of the Secretary of Defense and in
accordance with guidance issued by the Secretary--
(A) accept from Spirit of America, a federally-chartered
corporation under chapter 2005 of title 36, United States
Code (as added by subsection (a)), humanitarian, economic,
and other nonlethal assistance funded by private funds in the
carrying out of the purposes of the corporation; and
(B) respond to requests from the corporation for the
identification of the needs of local populations abroad for
assistance, and coordinate with the corporation in the
provision and distribution of such assistance, in the
carrying out of such purposes.
(2) Distribution of assistance to local populations.--In
accordance with guidance issued by the Secretary, members of
the Armed Forces abroad may provide to local populations
abroad humanitarian, economic, and other nonlethal assistance
provided to the Department by the corporation pursuant to
this subsection.
(3) Scope of guidance.--The guidance issued pursuant to
this subsection shall ensure that any assistance distributed
pursuant to this subsection shall be for purposes of
supporting the mission or missions of the Department and the
Armed Forces for which such assistance is provided by the
corporation.
(4) DoD support for corporation activities.--In accordance
with guidance issued by the Secretary, the Department and the
Armed Forces may--
(A) provide transportation, lodging, storage, and other
logistical support--
(i) to personnel of the corporation (whether in the United
States or abroad) who are carrying out the purposes of the
corporation; and
(ii) in connection with the acceptance and distribution of
assistance provided by the corporation; and
(B) use assets of the Department and the Armed Forces in
the provision of support described in subparagraph (A).
SEC. 1084. RECONSIDERATION OF CLAIMS FOR DISABILITY
COMPENSATION FOR VETERANS WHO WERE THE SUBJECTS
OF MUSTARD GAS OR LEWISITE EXPERIMENTS DURING
WORLD WAR II.
(a) Reconsideration of Claims for Disability Compensation
in Connection With Exposure to Mustard Gas or Lewisite.--
(1) In general.--The Secretary of Veterans Affairs, in
consultation with the Secretary of Defense, shall reconsider
all claims for compensation described in paragraph (2) and
make a new determination regarding each such claim.
(2) Claims for compensation described.--Claims for
compensation described in this paragraph are claims for
compensation under chapter 11 of title 38, United States
Code, that the Secretary of Veterans Affairs determines are
in connection with full-body exposure to mustard gas or
lewisite during active military, naval, or air service during
World War II and that were denied before the date of the
enactment of this Act.
(3) Presumption of exposure.--In carrying out paragraph
(1), if the Secretary of Veterans Affairs or the Secretary of
Defense makes a determination regarding whether a veteran
experienced full-body exposure to mustard gas or lewisite,
such Secretary--
(A) shall presume that the veteran experienced full-body
exposure to mustard gas or lewisite, as the case may be,
unless proven otherwise; and
(B) may not use information contained in the DoD and VA
Chemical Biological Warfare Database or any list of known
testing sites for mustard gas or lewisite maintained by the
Department of Veterans Affairs or the Department of Defense
as the sole reason for determining that the veteran did not
experience full-body exposure to mustard gas or lewisite.
(4) Report.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than once
every 90 days thereafter, the Secretary of Veterans Affairs
shall submit to the appropriate committees of Congress a
report specifying any claims reconsidered under paragraph (1)
that were denied during the 90-day period preceding the
submittal of the report, including the rationale for each
such denial.
(b) Development of Policy.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Veterans Affairs and the Secretary of Defense shall jointly
establish a policy for processing future claims for
compensation under chapter 11 of title 38, United States
Code, that the Secretary of Veterans Affairs determines are
in connection with exposure to mustard gas or lewisite during
active military, naval, or air service during World War II.
(c) Investigation and Report by Secretary of Defense.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall--
(1) for purposes of determining whether a site should be
added to the list of the Department of Defense of sites where
mustard gas or lewisite testing occurred, investigate and
assess sites where--
(A) the Army Corps of Engineers has uncovered evidence of
mustard gas or lewisite testing; or
(B) more than two veterans have submitted claims for
compensation under chapter 11 of title 38, United States
Code, in connection with exposure to mustard gas or lewisite
at such site and such claims were denied; and
(2) submit to the appropriate committees of Congress a
report on experiments conducted by the Department of Defense
during World War II to assess the effects of mustard gas and
lewisite on people, which shall include--
(A) a list of each location where such an experiment
occurred, including locations investigated and assessed under
paragraph (1);
(B) the dates of each such experiment; and
(C) the number of members of the Armed Forces who were
exposed to mustard gas or lewisite in each such experiment.
(d) Investigation and Report by Secretary of Veterans
Affairs.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall--
(1) investigate and assess--
(A) the actions taken by the Secretary to reach out to
individuals who had been exposed to mustard gas or lewisite
in the experiments described in subsection (c)(2)(A); and
(B) the claims for disability compensation under laws
administered by the Secretary that were filed with the
Secretary and the percentage of such claims that were denied
by the Secretary; and
(2) submit to the appropriate committees of Congress--
(A) a report on the findings of the Secretary with respect
to the investigations and assessments carried out under
paragraph (1); and
(B) a comprehensive list of each location where an
experiment described in subsection (c)(2)(A) was conducted.
(e) Definitions.--In this section:
(1) The terms ``active military, naval, or air service'',
``veteran'', and ``World War II'' have the meanings given
such terms in section 101 of title 38, United States Code.
(2) The term ``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs, the Committee on
Armed Services, and the Special Committee on Aging of the
Senate; and
(B) the Committee on Veterans' Affairs and the Committee on
Armed Services of the House of Representatives.
(3) The term ``full-body exposure'', with respect to
mustard gas or lewisite, has the meaning given that term by
the Secretary of Defense.
SEC. 1085. PRIZE COMPETITION TO IDENTIFY ROOT CAUSE OF
PHYSIOLOGICAL EPISODES ON NAVY, MARINE CORPS,
AND AIR FORCE TRAINING AND OPERATIONAL
AIRCRAFT.
(a) In General.--Under the authority of section 2374a of
title 10, United States Code, and section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719), the Secretary of Defense, in consultation with the
Secretary of the Navy, the Secretary of the Air Force, the
Commandant of the Marine Corps, and the heads of any other
appropriate Federal agencies that have experience in prize
competitions, and when appropriate, in coordination with
private organizations, may establish a prize competition
designed to accelerate identification of the root cause or
causes of physiological episodes experienced in Navy, Marine
Corps, and Air Force training and operational aircraft.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $10,000,000 for fiscal year 2018 to carry
out this section.
(c) Supplement Not Supplant.--Any funds made available
pursuant to this section are in addition to any other amount
made available for research on identification of root cause
or causes of physiological episodes experienced in Navy,
Marine Corps, and Air Force training and operational
aircraft.
SEC. 1086. EXCEPTION TO THE INTERDEPARTMENTAL WAIVER DOCTRINE
FOR CLEANUP OF VEHICLE CRASHES.
(a) Responsibility for Cleanup.--Notwithstanding the
interdepartmental waiver doctrine, the Secretary of Defense
may, at the request of the affected Federal department or
agency, expend funds necessary for cleanup resulting from an
activity of the Department of Defense involving a vehicle
crash on land or other property under the jurisdiction of
another Federal department or agency.
(b) Scope.--The authority under subsection (a) includes
expenditures necessary to complete cleanup to meet the
regulations of the affected department or agency, which may
be different than the regulations applicable to the
Department.
SEC. 1087. TRANSFER OF SURPLUS FIREARMS TO CORPORATION FOR
THE PROMOTION OF RIFLE PRACTICE AND FIREARMS
SAFETY.
(a) In General.--Section 40728(h) of title 36, United
States Code, is amended--
(1) by striking ``(1) Subject to paragraph (2), the
Secretary may transfer'' and inserting ``The Secretary shall
transfer''; and
(2) by striking ``The Secretary shall determine a
reasonable schedule for the transfer of such surplus
pistols.''.
(b) Sale of M1911/M1911A1 Pistols.--
(1) Sale.--Any M1911/M1911A1 pistols sold under the
Civilian Marksmanship Program under subchapter II of chapter
407 of title 36, United States Code, shall be sold at fair
market value.
(2) Disposition of proceeds.--Any proceeds of the sale of
M1911/M1911A1 pistols pursuant to paragraph (1), less
transfer and storage costs, shall be covered over into the
Treasury as miscellaneous receipts.
SEC. 1088. PREVENTION OF CERTAIN HEALTH CARE PROVIDERS FROM
PROVIDING NON-DEPARTMENT HEALTH CARE SERVICES
TO VETERANS.
(a) In General.--On and after the date that is one year
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall deny or revoke the eligibility of a
health care provider to provide non-Department health care
[[Page S5955]]
services to veterans if the Secretary determines that the
health care provider--
(1) was removed from employment with the Department of
Veterans Affairs due to conduct that violated a policy of the
Department relating to the delivery of safe and appropriate
health care;
(2) violated the requirements of a medical license of the
health care provider;
(3) had a Department credential revoked and the grounds for
such revocation impacts the ability of the health care
provider to deliver safe and appropriate health care; or
(4) violated a law for which a term of imprisonment of more
than one year may be imposed.
(b) Permissive Action.--On and after the date that is one
year after the date of the enactment of this Act, the
Secretary may deny, revoke, or suspend the eligibility of a
health care provider to provide non-Department health care
services if the Secretary has reasonable belief that such
action is necessary to immediately protect the health,
safety, or welfare of veterans and--
(1) the health care provider is under investigation by the
medical licensing board of a State in which the health care
provider is licensed or practices;
(2) the health care provider has entered into a settlement
agreement for a disciplinary charge relating to the practice
of medicine by the health care provider; or
(3) the Secretary otherwise determines that such action is
appropriate under the circumstances.
(c) Suspension.--The Secretary shall suspend the
eligibility of a health care provider to provide non-
Department health care services to veterans if the health
care provider is suspended from serving as a health care
provider of the Department.
(d) Initial Review of Department Employment.--Not later
than one year after the date of the enactment of this Act,
with respect to each health care provider providing non-
Department health care services, the Secretary shall review
the status of each such health care provider as an employee
of the Department and the history of employment of each such
health care provider with the Department to determine whether
the health care provider is described in any of subsections
(a) through (c).
(e) Comptroller General Report.--Not later than two years
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress a
report on the implementation by the Secretary of this
section, including the following:
(1) The aggregate number of health care providers denied or
suspended under this section from participation in providing
non-Department health care services.
(2) An evaluation of any impact on access to health care
for patients or staffing shortages in programs of the
Department providing non-Department health care services.
(3) An explanation of the coordination of the Department
with the medical licensing boards of States in implementing
this section, the amount of involvement of such boards in
such implementation, and efforts by the Department to address
any concerns raised by such boards with respect to such
implementation.
(4) Such recommendations as the Comptroller General
considers appropriate regarding harmonizing eligibility
criteria between health care providers of the Department and
health care providers eligible to provide non-Department
health care services.
(f) Non-Department Health Care Services Defined.--In this
section, the term ``non-Department health care services''
means services--
(1) provided under subchapter I of chapter 17 of title 38,
United States Code, at non-Department facilities (as defined
in section 1701 of such title);
(2) provided under section 101 of the Veterans Access,
Choice, and Accountability Act of 2014 (Public Law 113-146;
38 U.S.C. 1701 note);
(3) purchased through the Medical Community Care account of
the Department; or
(4) purchased with amounts deposited in the Veterans Choice
Fund under section 802 of the Veterans Access, Choice, and
Accountability Act of 2014.
SEC. 1089. DECLASSIFICATION BY DEPARTMENT OF DEFENSE OF
CERTAIN INCIDENTS OF EXPOSURE OF MEMBERS OF THE
ARMED FORCES TO TOXIC SUBSTANCES.
(a) In General.--The Secretary of Defense shall declassify
documents related to any known incident in which not fewer
than 100 members of the Armed Forces were exposed to a toxic
substance that resulted in at least one case of a disability
that a member of the medical profession has determined to be
associated with that toxic substance.
(b) Limitation.--The declassification required by
subsection (a) shall be limited to information necessary for
an individual who was potentially exposed to a toxic
substance to determine the following:
(1) Whether that individual was exposed to that toxic
substance.
(2) The potential severity of the exposure of that
individual to that toxic substance.
(3) Any potential health conditions that may have resulted
from exposure to that toxic substance.
(c) Exception.--The Secretary of Defense is not required to
declassify documents under subsection (a) if the Secretary
determines that declassification of those documents would
materially and immediately threaten the security of the
United States.
(d) Definitions.--In this section:
(1) Armed forces.--The term ``Armed Forces'' has the
meaning given that term in section 101 of title 10, United
States Code.
(2) Exposed.--The term ``exposed'' means, with respect to a
toxic substance, that an individual came into contact with
that toxic substance in a manner that could be hazardous to
the health of that individual, that may include if that toxic
substance was inhaled, ingested, or touched the skin or eyes.
(3) Exposure.--The term ``exposure'' means, with respect to
a toxic substance, an event during which an individual was
exposed to that toxic substance.
(4) Toxic substance.--The term ``toxic substance'' means
any substance determined by the Administrator of the
Environmental Protection Agency to be harmful to the
environment or hazardous to the health of an individual if
inhaled or ingested by or absorbed through the skin of that
individual.
SEC. 1089A. CARRIAGE OF CERTAIN PROGRAMMING.
(a) Definitions.--In this section--
(1) the term ``local commercial television station'' has
the meaning given the term in section 614(h) of the
Communications Act of 1934 (47 U.S.C. 534(h));
(2) the term ``multichannel video programming distributor''
has the meaning given the term in section 602 of the
Communications Act of 1934 (47 U.S.C. 522);
(3) the term ``qualified noncommercial educational
television station'' has the meaning given the term in
section 615(l) of the Communications Act of 1934 (47 U.S.C.
535(l));
(4) the term ``retransmission consent'' means the authority
granted to a multichannel video programming distributor under
section 325(b) of the Communications Act of 1934 (47 U.S.C.
325(b)) to retransmit the signal of a television broadcast
station; and
(5) the term ``television broadcast station'' has the
meaning given the term in section 76.66(a) of title 47, Code
of Federal Regulations.
(b) Carriage of Certain Content.--Notwithstanding any other
provision of law, a multichannel video programming
distributor may not be directly or indirectly required,
including as a condition of obtaining retransmission consent,
to--
(1) carry non-incidental video content from a local
commercial television station, qualified noncommercial
educational television station, or television broadcast
station to the extent that such content is owned, controlled,
or financed (in whole or in part) by the Government of the
Russian Federation; or
(2) lease, or otherwise make available, channel capacity to
any person for the provision of video programming that is
owned, controlled, or financed (in whole or in part) by the
Government of the Russian Federation.
(c) Rule of Construction.--Nothing in this section may be
construed as applying to the editorial use by a local
commercial television station, qualified noncommercial
educational television station, or television broadcast
station of programming that is owned, controlled, or financed
(in whole or in part) by the Government of the Russian
Federation.
Subtitle H--Modernizing Government Technology
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Modernizing Government
Technology Act of 2017'' or the ``MGT Act''.
SEC. 1092. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Board.--The term ``Board'' means the Technology
Modernization Board established under section 1094(c)(1).
(3) Cloud computing.--The term ``cloud computing'' has the
meaning given the term by the National Institute of Standards
and Technology in NIST Special Publication 800-145 and any
amendatory or superseding document thereto.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Fund.--The term ``Fund'' means the Technology
Modernization Fund established under section 1094(b)(1).
(6) Information technology.--The term ``information
technology'' has the meaning given the term in section 3502
of title 44, United States Code.
(7) IT working capital fund.--The term ``IT working capital
fund'' means an information technology system modernization
and working capital fund established under section
1093(b)(1).
(8) Legacy information technology system.--The term
``legacy information technology system'' means an outdated or
obsolete system of information technology.
SEC. 1093. ESTABLISHMENT OF AGENCY INFORMATION TECHNOLOGY
SYSTEMS MODERNIZATION AND WORKING CAPITAL
FUNDS.
(a) Definition.--In this section, the term ``covered
agency'' means each agency listed in section 901(b) of title
31, United States Code.
(b) Information Technology System Modernization and Working
Capital Funds.--
(1) Establishment.--The head of a covered agency may
establish within the covered agency an information technology
system modernization and working capital fund for necessary
expenses described in paragraph (3).
(2) Source of funds.--The following amounts may be
deposited into an IT working capital fund:
(A) Reprogramming and transfer of funds made available in
appropriations Acts enacted after the date of enactment of
this Act, including the transfer of any funds for the
operation and maintenance of legacy information technology
systems, in compliance with any applicable reprogramming law
or guidelines of the Committees on Appropriations of the
Senate and the House of Representatives or transfer authority
specifically provided in appropriations law.
(B) Amounts made available to the IT working capital fund
through discretionary appropriations made available after the
date of enactment of this Act.
[[Page S5956]]
(3) Use of funds.--An IT working capital fund established
under paragraph (1) may only be used--
(A) to improve, retire, or replace existing information
technology systems in the covered agency to enhance
cybersecurity and to improve efficiency and effectiveness
across the life of a given workload, procured using full and
open competition among all commercial items to the greatest
extent practicable;
(B) to transition legacy information technology systems at
the covered agency to commercial cloud computing and other
innovative commercial platforms and technologies, including
those serving more than 1 covered agency with common
requirements;
(C) to assist and support covered agency efforts to provide
adequate, risk-based, and cost-effective information
technology capabilities that address evolving threats to
information security;
(D) to reimburse funds transferred to the covered agency
from the Fund with the approval of the Chief Information
Officer, in consultation with the Chief Financial Officer, of
the covered agency; and
(E) for a program, project, or activity or to increase
funds for any program, project, or activity that has not been
denied or restricted by Congress.
(4) Existing funds.--An IT working capital fund may not be
used to supplant funds provided for the operation and
maintenance of any system within an appropriation for the
covered agency at the time of establishment of the IT working
capital fund.
(5) Prioritization of funds.--The head of each covered
agency--
(A) shall prioritize funds within the IT working capital
fund of the covered agency to be used initially for cost
savings activities approved by the Chief Information Officer
of the covered agency; and
(B) may reprogram and transfer any amounts saved as a
direct result of the cost savings activities approved under
clause (i) for deposit into the IT working capital fund of
the covered agency, consistent with paragraph (2)(A).
(6) Availability of funds.--
(A) In general.--Any funds deposited into an IT working
capital fund shall be available for obligation for the 3-year
period beginning on the last day of the fiscal year in which
the funds were deposited.
(B) Transfer of unobligated amounts.--Any amounts in an IT
working capital fund that are unobligated at the end of the
3-year period described in subparagraph (A) shall be
transferred to the general fund of the Treasury.
(7) Agency cio responsibilities.--In evaluating projects to
be funded by the IT working capital fund of a covered agency,
the Chief Information Officer of the covered agency shall
consider, to the extent applicable, guidance issued under
section 1094(b)(1) to evaluate applications for funding from
the Fund that include factors including a strong business
case, technical design, consideration of commercial off-the-
shelf products and services, procurement strategy (including
adequate use of rapid, iterative software development
practices), and program management.
(c) Reporting Requirement.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every 6 months thereafter, the
head of each covered agency shall submit to the Director,
with respect to the IT working capital fund of the covered
agency--
(A) a list of each information technology investment
funded, including the estimated cost and completion date for
each investment; and
(B) a summary by fiscal year of obligations, expenditures,
and unused balances.
(2) Public availability.--The Director shall make the
information submitted under paragraph (1) publicly available
on a website.
SEC. 1094. ESTABLISHMENT OF TECHNOLOGY MODERNIZATION FUND AND
BOARD.
(a) Definition.--In this section, the term ``agency'' has
the meaning given the term in section 551 of title 5, United
States Code.
(b) Technology Modernization Fund.--
(1) Establishment.--There is established in the Treasury a
Technology Modernization Fund for technology-related
activities, to improve information technology, to enhance
cybersecurity across the Federal Government, and to be
administered in accordance with guidance issued by the
Director.
(2) Administration of fund.--The Administrator, in
consultation with the Chief Information Officers Council and
with the approval of the Director, shall administer the Fund
in accordance with this subsection.
(3) Use of funds.--The Administrator shall, in accordance
with recommendations from the Board, use amounts in the
Fund--
(A) to transfer such amounts, to remain available until
expended, to the head of an agency for the acquisition of
products and services, or the development of such products
and services when more efficient and cost effective, to
improve, retire, or replace existing Federal information
technology systems to enhance cybersecurity and privacy and
improve long-term efficiency and effectiveness;
(B) to transfer such amounts, to remain available until
expended, to the head of an agency for the operation and
procurement of information technology products and services,
or the development of such products and services when more
efficient and cost effective, and acquisition vehicles for
use by agencies to improve Governmentwide efficiency and
cybersecurity in accordance with the requirements of the
agencies;
(C) to provide services or work performed in support of--
(i) the activities described in subparagraph (A) or (B);
and
(ii) the Board and the Director in carrying out the
responsibilities described in subsection (c)(2); and
(D) to fund only programs, projects, or activities or to
fund increases for any programs, projects, or activities that
have not been denied or restricted by Congress.
(4) Authorization of appropriations; credits; availability
of funds.--
(A) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $250,000,000 for each of
fiscal years 2018 and 2019.
(B) Credits.--In addition to any funds otherwise
appropriated, the Fund shall be credited with all
reimbursements, advances, or refunds or recoveries relating
to information technology or services provided for the
purposes described in paragraph (3).
(C) Availability of funds.--Amounts deposited, credited, or
otherwise made available to the Fund shall be available until
expended for the purposes described in paragraph (3).
(5) Reimbursement.--
(A) Reimbursement by agency.--
(i) In general.--The head of an agency shall reimburse the
Fund for any transfer made under subparagraph (A) or (B) of
paragraph (3), including any services or work performed in
support of the transfer under paragraph (3)(C), in accordance
with the terms established in a written agreement described
in paragraph (6).
(ii) Reimbursement from subsequent appropriations.--
Notwithstanding any other provision of law, an agency may
make a reimbursement required under clause (i) from any
appropriation made available after the date of enactment of
this Act for information technology activities, consistent
with any applicable reprogramming law or guidelines of the
Committees on Appropriations of the Senate and the House of
Representatives.
(iii) Recording of obligation.--Notwithstanding section
1501 of title 31, United States Code, an obligation to make a
payment under a written agreement described in paragraph (6)
in a fiscal year after the date of enactment of this Act
shall be recorded in the fiscal year in which the payment is
due.
(B) Prices fixed by administrator.--
(i) In general.--The Administrator, in consultation with
the Director, shall establish amounts to be paid by an agency
under this paragraph and the terms of repayment for
activities funded under paragraph (3), including any services
or work performed in support of that development under
paragraph (3)(C), at levels sufficient to ensure the solvency
of the Fund, including operating expenses.
(ii) Review and approval.--Before making any changes to the
established amounts and terms of repayment, the Administrator
shall conduct a review and obtain approval from the Director.
(C) Failure to make timely reimbursement.--The
Administrator may obtain reimbursement from an agency under
this paragraph by the issuance of transfer and
counterwarrants, or other lawful transfer documents,
supported by itemized bills, if payment is not made by the
agency during the 90-day period beginning after the
expiration of a repayment period described in a written
agreement described in paragraph (6).
(6) Written agreement.--
(A) In general.--Before the transfer of funds to an agency
under subparagraphs (A) and (B) of paragraph (3), the
Administrator, in consultation with the Director, and the
head of the agency shall enter into a written agreement--
(i) documenting the purpose for which the funds will be
used and the terms of repayment, which may not exceed 5 years
unless approved by the Director; and
(ii) which shall be recorded as an obligation as provided
in paragraph (5)(A).
(B) Requirement for use of incremental funding, commercial
products and services, and rapid, iterative development
practices.--The Administrator shall ensure--
(i) for any funds transferred to an agency under paragraph
(3)(A), in the absence of compelling circumstances documented
by the Administrator at the time of transfer, that such funds
shall be transferred only on an incremental basis, tied to
metric-based development milestones achieved by the agency
through the use of rapid, iterative, development processes;
and
(ii) that the use of commercial products and services are
incorporated to the greatest extent practicable in activities
funded under subparagraphs (A) and (B) of paragraph (3), and
that the written agreement required under paragraph (6)
documents this preference.
(7) Reporting requirements.--
(A) List of projects.--
(i) In general.--Not later than 6 months after the date of
enactment of this Act, the Director shall maintain a list of
each project funded by the Fund, to be updated not less than
quarterly, that includes a description of the project,
project status (including any schedule delay and cost
overruns), financial expenditure data related to the project,
and the extent to which the project is using commercial
products and services, including if applicable, a
justification of why commercial products and services were
not used and the associated development and integration costs
of custom development.
(ii) Public availability.--The list required under clause
(i) shall be published on a public website in a manner that
is, to the greatest extent possible, consistent with
applicable law on the protection of classified information,
sources, and methods.
(B) Comptroller general reports.--Not later than 2 years
after the date of enactment of this Act, and every 2 years
thereafter, the Comptroller General of the United States
shall submit to Congress and make publically available a
report assessing--
(i) the costs associated with establishing the Fund and
maintaining the oversight structure
[[Page S5957]]
associated with the Fund compared with the cost savings
associated with the projects funded both annually and over
the life of the acquired products and services by the Fund;
(ii) the reliability of the cost savings estimated by
agencies associated with projects funded by the Fund;
(iii) whether agencies receiving transfers of funds from
the Fund used full and open competition to acquire the custom
development of information technology products or services;
and
(iv) the number of IT procurement, development, and
modernization programs, offices, and entities in the Federal
Government, including 18F and the United States Digital
Services, the roles, responsibilities, and goals of those
programs and entities, and the extent to which they duplicate
work.
(c) Technology Modernization Board.--
(1) Establishment.--There is established a Technology
Modernization Board to evaluate proposals submitted by
agencies for funding authorized under the Fund.
(2) Responsibilities.--The responsibilities of the Board
are--
(A) to provide input to the Director for the development of
processes for agencies to submit modernization proposals to
the Board and to establish the criteria by which those
proposals are evaluated, which shall include--
(i) addressing the greatest security, privacy, and
operational risks;
(ii) having the greatest Governmentwide impact; and
(iii) having a high probability of success based on factors
including a strong business case, technical design,
consideration of commercial off-the-shelf products and
services, procurement strategy (including adequate use of
rapid, agile iterative software development practices), and
program management;
(B) to make recommendations to the Administrator to assist
agencies in the further development and refinement of select
submitted modernization proposals, based on an initial
evaluation performed with the assistance of the
Administrator;
(C) to review and prioritize, with the assistance of the
Administrator and the Director, modernization proposals based
on criteria established pursuant to subparagraph (A);
(D) to identify, with the assistance of the Administrator,
opportunities to improve or replace multiple information
technology systems with a smaller number of information
technology services common to multiple agencies;
(E) to recommend the funding of modernization projects, in
accordance with the uses described in subsection (b)(3), to
the Administrator;
(F) to monitor, in consultation with the Administrator,
progress and performance in executing approved projects and,
if necessary, recommend the suspension or termination of
funding for projects based on factors including the failure
to meet the terms of a written agreement described in
subsection (b)(6); and
(G) to monitor the operating costs of the Fund.
(3) Membership.--The Board shall consist of 7 voting
members.
(4) Chair.--The Chair of the Board shall be the
Administrator of the Office of Electronic Government.
(5) Permanent members.--The permanent members of the Board
shall be--
(A) the Administrator of the Office of Electronic
Government; and
(B) a senior official from the General Services
Administration having technical expertise in information
technology development, appointed by the Administrator, with
the approval of the Director.
(6) Additional members of the board.--
(A) Appointment.--The other members of the Board shall be--
(i) 1 employee of the National Protection and Programs
Directorate of the Department of Homeland Security, appointed
by the Secretary of Homeland Security; and
(ii) 4 employees of the Federal Government primarily having
technical expertise in information technology development,
financial management, cybersecurity and privacy, and
acquisition, appointed by the Director.
(B) Term.--Each member of the Board described in paragraph
(A) shall serve a term of 1 year, which shall be renewable
not more than 4 times at the discretion of the appointing
Secretary or Director, as applicable.
(7) Prohibition on compensation.--Members of the Board may
not receive additional pay, allowances, or benefits by reason
of their service on the Board.
(8) Staff.--Upon request of the Chair of the Board, the
Director and the Administrator may detail, on a reimbursable
or nonreimbursable basis, any employee of the Federal
Government to the Board to assist the Board in carrying out
the functions of the Board.
(d) Responsibilities of Administrator.--
(1) In general.--In addition to the responsibilities
described in subsection (b), the Administrator shall support
the activities of the Board and provide technical support to,
and, with the concurrence of the Director, oversight of,
agencies that receive transfers from the Fund.
(2) Responsibilities.--The responsibilities of the
Administrator are--
(A) to provide direct technical support in the form of
personnel services or otherwise to agencies transferred
amounts under subsection (b)(3)(A) and for products,
services, and acquisition vehicles funded under subsection
(b)(3)(B);
(B) to assist the Board with the evaluation,
prioritization, and development of agency modernization
proposals.
(C) to perform regular project oversight and monitoring of
approved agency modernization projects, in consultation with
the Board and the Director, to increase the likelihood of
successful implementation and reduce waste; and
(D) to provide the Director with information necessary to
meet the requirements of subsection (b)(7).
(e) Effective Date.--This section shall take effect on the
date that is 90 days after the date of enactment of this Act.
(f) Sunset.--
(1) In general.--On and after the date that is 2 years
after the date on which the Comptroller General of the United
States issues the third report required under subsection
(b)(7)(B), the Administrator may not award or transfer funds
from the Fund for any project that is not already in progress
as of such date.
(2) Transfer of unobligated amounts.--Not later than 90
days after the date on which all projects that received an
award from the Fund are completed, any amounts in the Fund
shall be transferred to the general fund of the Treasury and
shall be used for deficit reduction.
(3) Termination of technology modernization board.--Not
later than 90 days after the date on which all projects that
received an award from the Fund are completed, the Technology
Modernization Board and all the authorities of subsection (c)
shall terminate.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Department of Defense Matters
SEC. 1101. PILOT PROGRAM ON ENHANCED PERSONNEL MANAGEMENT
SYSTEM FOR CYBERSECURITY AND LEGAL
PROFESSIONALS IN THE DEPARTMENT OF DEFENSE.
(a) Pilot Program Required.--The Secretary of Defense shall
carry out within the Department of Defense a pilot program to
assess the feasability and advisability of an enhanced
personnel management system in accordance with this section
for cybersecurity and legal professionals in the Department
described in subsection (b) who enter civilian service with
the Department on or after January 1, 2020.
(b) Cybersecurity and Legal Professionals.--
(1) In general.--The cybersecurity and legal professionals
described in this subsection are the following:
(A) Civilian cybersecurity professionals in the Department
of Defense consisting of civilian personnel engaged in or
directly supporting planning, commanding and controlling,
training, developing, acquiring, modifying, and operating
systems and capabilities, and military units and intelligence
organizations (other than those funded by the National
Intelligence Program) that are directly engaged in or used
for offensive and defensive cyber and information warfare or
intelligence activities in support thereof.
(B) Civilian legal professionals in the Department
occupying legal or similar positions, as determined by the
Secretary of Defense for purposes of the pilot program, that
require eligibility to practice law in a State or territory
of the United States.
(2) Inapplicability to ses positions.--The pilot program
shall not apply to positions within the Senior Executive
Service under subchapter VIII of chapter 53 of title 5,
United States Code.
(c) Direct-appointment Authority.--
(1) Inapplicability of general civil service appointment
authorities to appointments.--Under the pilot program, the
Secretary of Defense, with respect to the Defense Agencies,
and the Secretary of the military department concerned, with
respect to the military departments, may appoint qualified
candidates as cybersecurity and legal professionals without
regard to the provisions of subchapter I of chapter 33 of
title 5, United States Code.
(2) Appointment on direct-hire basis.--Appointments under
the pilot program shall be made on a direct-hire basis.
(d) Term Appointments.--
(1) Renewable term appointments.--Each individual shall
serve with the Department of Defense as a cybersecurity or
legal professional under the pilot program pursuant to an
initial appointment to service with the Department for a term
of not less than 2 years nor more than 8 years. Any term of
appointment under the pilot program may be renewed for one or
more additional terms of not less than 2 years nor more than
8 years as provided in subsection (h).
(2) Length of terms.--The length of the term of appointment
to a position under the pilot program shall be prescribed by
the Secretary of Defense taking into account the national
security, mission, and other applicable requirements of the
position. Positions having identical or similar requirements
or terms may be grouped into categories for purposes of the
pilot program. The Secretary may delegate any authority in
this paragraph to a commissioned officer of the Armed Forces
in pay grade O-7 or above or an employee in the Department in
the Senior Executive Service.
(e) Nature of Service Under Appointments.--
(1) Treatment of personnel appointed as ``employees''.--
Except as otherwise provided by this section, individuals
serving with the Department of Defense as cybersecurity or
legal professionals under the pilot program pursuant to
appointments under this section shall be considered employees
(as specified in section 2105 of title 5, United States Code)
for purposes of the provisions of title 5, United States
Code, and other applicable provisions of law, including, in
particular, for purposes as follows:
(A) Eligibility for participation in the Federal Employees'
Retirement System under chapter 84 of title 5, United States
Code, subject to the provisions of section 8402 of such title
and the regulations prescribed pursuant to such section.
(B) Eligibility for enrollment in a health benefits plan
under chapter 89 of title 5, United States Code (commonly
referred as the ``Federal Employees Health Benefits
Program'').
(C) Eligibility for and subject to the employment
protections of subpart F of part III of title 5, United
States Code, relating to merit principles and protections.
[[Page S5958]]
(D) Eligibility for the protections of chapter 81, of title
5, United States Code, relating to workers compensation.
(2) Scope of rights and benefits.--In administering the
pilot program, the Secretary of Defense shall specify, and
from time to time update, a comprehensive description of the
rights and benefits of individuals serving with the
Department under the pilot program pursuant to this
subsection and of the provisions of law under which such
rights and benefits arise.
(f) Compensation.--
(1) Basic pay.--Individuals serving with the Department of
Defense as cybersecurity or legal professionals under the
pilot program shall be paid basic pay for such service in
accordance with a schedule of pay prescribed by the Secretary
of Defense for purposes of the pilot program.
(2) Treatment as basic pay.--Basic pay payable under the
pilot program shall be treated for all purposes as basic pay
paid under the provisions of title 5, United States Code.
(3) Performance awards.--Individuals serving with the
Department as cybersecurity or legal professionals under the
pilot program may be awarded such performance awards for
outstanding performance as the Secretary shall prescribe for
purposes of the pilot program. The performance awards may
include a monetary bonus, time off with pay, or such other
awards as the Secretary considers appropriate for purposes of
the pilot program. The award of performance awards under the
pilot program shall based in accordance with such policies
and requirements as the Secretary shall prescribe for
purposes of the pilot program.
(4) Additional compensation.--Individuals serving with the
Department as cybersecurity or legal professionals under the
pilot program may be awarded such additional compensation
above basic pay as the Secretary (or the designees of the
Secretary) consider appropriate in order to promote the
recruitment and retention of highly skilled and productive
cybersecurity and legal professionals to and with the
Department.
(g) Probationary Period.--The following terms of
appointment shall be treated as a probationary period under
the pilot program:
(1) The first term of appointment of an individual to
service with the Department of Defense as a cybersecurity or
legal professional, regardless of length.
(2) The first term of appointment of an individual to a
supervisory position in the Department as a cybersecurity or
legal professional, regardless of length and regardless of
whether or not such term of appointment to a supervisory
position is the first term of appointment of the individual
concerned to service with the Department as a cybersecurity
or legal professional.
(h) Renewal of Appointments.--
(1) In general.--The Secretary of Defense shall prescribe
the conditions for the renewal of appointments under the
pilot program. The conditions may apply to one or more
categories of positions, positions on a case-by-case basis,
or both.
(2) Particular conditions.--In prescribing conditions for
the renewal of appointments under the pilot program, the
Secretary shall take into account the following (in the order
specified):
(A) The necessity for the continuation of the position
concerned based on mission requirements and other applicable
justifications for the position.
(B) The service performance of the individual serving in
the position concerned, with individuals with satisfactory or
better performance afforded preference in renewal.
(C) Input from employees on conditions for renewal.
(D) Applicable private and public sector labor market
conditions.
(3) Service performance.--The assessment of the service
performance of an individual under the pilot program for
purposes of paragraph (2)(B) shall consist of an assessment
of the ability of the individual to effectively accomplish
mission goals for the position concerned as determined by the
supervisor or manager of the individual based on the
individual's performance evaluations and the knowledge of and
review by such supervisor or manager (developed in
consultation with the individual) of the individual's
performance in the position. An individual's tenure of
service in a position or the Department of Defense may not be
the primary element of the assessment.
(i) Professional Development.--The pilot program shall
provide for the professional development of individuals
serving with the Department of Defense as cybersecurity and
legal professionals under the pilot program in a manner
that--
(1) creates opportunities for education, training, and
career-broadening experiences, and for experimental
opportunities in other organizations within and outside the
Federal Government; and
(2) reflects the differentiated needs of personnel at
different stages of their careers.
(j) Sabbaticals.--
(1) In general.--The pilot program shall provide for an
individual who is in a successive term after the first 8
years with the Department of Defense as a cybersecurity or
legal professional under the pilot program to take, at the
election of the individual, a paid or unpaid sabbatical from
service with the Department for professional development or
education purposes. The length of a sabbatical shall be any
length not less than 6 months nor more than 1 year (unless a
different period is approved by the Secretary of the military
department or head of the organization or element of the
Department concerned for purposes of this subsection). The
purpose of any sabbatical shall be subject to advance
approval by the organization or element in the Department in
which the individual is currently performing service. The
taking of a sabbatical shall be contingent on the written
agreement of the individual concerned to serve with the
Department for an appropriate length of time at the
conclusion of the term of appointment in which the sabbatical
commences, with the period of such service to be in addition
to the period of such term of appointment.
(2) Number of sabbaticals.--An individual may take more
than one sabbatical under this subsection.
(3) Repayment.--Except as provided in paragraph (4), an
individual who fails to satisfy a written agreement executed
under paragraph (1) with respect to a sabbatical shall repay
the Department an amount equal to any pay, allowances, and
other benefits received by the individual from the Department
during the period of the sabbatical.
(4) Waiver of repayment.--An agreement under paragraph (1)
may include such conditions for the waiver of repayment
otherwise required under paragraph (3) for failure to satisfy
such agreement as the Secretary specifies in such agreement.
(k) Regulations.--The Secretary of Defense shall administer
the pilot program under regulations prescribed by the
Secretary for purposes of the pilot program.
(l) Termination.--
(1) In general.--The authority of the Secretary of Defense
to appoint individuals for service with the Department of
Defense as cybersecurity or legal professionals under the
pilot program shall expire on December 31, 2029.
(2) Effect on existing appointments.--The termination of
authority in paragraph (1) shall not be construed to
terminate or otherwise affect any appointment made under this
section before December 31, 2029, that remains valid as of
that date.
(m) Implementation.--
(1) Interim final rule.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall prescribe an interim final rule to implement the pilot
program.
(2) Final rule.--Not later than 180 days after prescribing
the interim final rule under paragraph (1) and considering
public comments with respect to such interim final rule, the
Secretary shall prescribe a final rule to implement the pilot
program.
(3) Objectives.--The regulations prescribed under
paragraphs (1) and (2) shall accomplish the objectives set
forth in subsections (a) through (j) and otherwise ensure
flexibility and expedited appointment of cybersecurity and
legal professionals in the Department of Defense under the
pilot program.
(n) Reports.--
(1) Reports required.--Not later than January 30 of each of
2022, 2025, and 2028, the Secretary of Defense shall submit
to the appropriate committees of Congress a report on the
carrying out of the pilot program. Each report shall include
the following:
(A) A description and assessment of the carrying out of the
pilot program during the period since the commencement of the
pilot program or the previous submittal of a report under
this subsection, as applicable.
(B) A description and assessment of the successes in and
impediments to carrying out the pilot program system during
such period.
(C) Such recommendations as the Secretary considers
appropriate for legislative action to improve the pilot
program and to otherwise improve civilian personnel
management of cybersecurity and legal professionals by the
Department of Defense.
(D) In the case of the report submitted in 2028, an
assessment and recommendations by the Secretary on whether to
make the pilot program permanent.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Oversight and Government Reform of the House of
Representatives.
SEC. 1102. 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.
(a) In General.--Subsection (a) of section 1599h of title
10, United States Code, is amended by adding at the end the
following new paragraphs:
``(4) Strategic capabilities office.--The Director of the
Strategic Capabilities Office may carry out a program of
personnel management authority provided in subsection (b) in
order to facilitate recruitment of eminent experts in science
or engineering for the Office.
``(5) DIUx.--The Director of the Defense Innovation Unit
Experimental may carry out a program of personnel management
authority provided in subsection (b) in order to facilitate
recruitment of eminent experts in science or engineering for
the Unit.''.
(b) Scope of Appointment Authority.--Subsection (b)(1) of
such section is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
and
(2) by adding at the end the following new subparagraphs:
``(D) in the case of the Strategic Capabilities Office,
appoint scientists and engineers to a total of not more than
5 scientific and engineering positions in the Office; and
``(E) in the case of the Defense Innovation Unit
Experimental, appoint scientists and engineers to a total of
not more than 5 scientific and engineering positions in the
Unit;''.
(c) Extension of Terms of Appointment.--Subsection (c)(2)
of such section is amended by striking ``or the Office of
Operational Test and
[[Page S5959]]
Evaluation'' and inserting ``the Office of Operational Test
and Evaluation, the Strategic Capabilities Office, or the
Defense Innovation Unit Experimental''.
SEC. 1103. PERMANENT AUTHORITY FOR DEMONSTRATION PROJECTS
RELATING TO ACQUISITION PERSONNEL MANAGEMENT
POLICIES AND PROCEDURES.
(a) Permanent Authority.--Section 1762 of title 10, United
States Code, is amended by striking subsections (g) and (h).
(b) Scope of Authority.--Subsection (a) of such section is
amended by striking ``Commencement.--'' and all that follows
through ``a demonstration project'' and inserting ``In
General.--The Secretary of Defense may carry out
demonstration projects''.
(c) Increase in Limit on Number of Participants.--
Subsection (c) of such section is amended by striking ``the
demonstration project under this section may not exceed
120,000'' and inserting ``at any one time in demonstration
projects under this section may not exceed 130,000''.
(d) Assessments.--Subsection (e) of such section is
amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) Upon the completion of a demonstration project under
this section, the Secretary of Defense shall provide for the
conduct of an assessment of the demonstration project by an
appropriate independent organization designated by the
Secretary for that purpose. The Secretary shall submit to the
covered congressional committees a report on each assessment
conducted pursuant to this paragraph.''; and
(2) by striking paragraph (3).
SEC. 1104. ESTABLISHMENT OF SENIOR SCIENTIFIC TECHNICAL
MANAGERS AT MAJOR RANGE AND TEST FACILITY BASE
FACILITIES AND DEFENSE TEST RESOURCE MANAGEMENT
CENTER.
Section 2358a of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``, each facility of the Major Range and Test Facility Base,
and the Defense Test Resource Management Center'' after
``each STRL''; and
(ii) in subparagraph (A), by inserting ``, of such facility
of the Major Range and Test Facility Base, or the Defense
Test Resource Management Center''; and
(B) in paragraph (2)--
(i) by striking ``The positions'' and inserting ``(A) The
laboratory positions''; and
(ii) by adding at the end the following new subparagraph:
``(B) The test and evaluation positions described in
paragraph (1) may be filled, and shall be managed, by the
director of the Major Range and Test Facility Base, in the
case of a position at a facility of the Major Range and Test
Facility Base, and the director of the Defense Test Resource
Management Center, in the case of a position at such center,
under criteria established pursuant to section 342(b) of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 10 U.S.C. 2358 note), relating to
personnel demonstration projects at laboratories of the
Department of Defense, except that the director involved
shall determine the number of such positions at each facility
of the Major Range and Test Facility Base and the Defense
Test Resource Management Center, not to exceed two percent of
the number of scientists and engineers employed at the Major
Range and Test Facility Base or the Defense Test Resource
Management Center, as the case may be, as of the close of the
last fiscal year before the fiscal year in which any
appointments subject to that numerical limitations are
made.''; and
(2) in subsection (f)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (4), respectively;
(B) by inserting before paragraph (2), as redesignated by
subparagraph (A), the following new paragraph (1):
``(1) The term `Defense Test Resource Management Center'
means the Department of Defense Test Resource Management
Center established under section 196 of this title.''; and
(C) by inserting after paragraph (2), as so redesignated,
the following new paragraph:
``(3) The term `Major Range and Test Facility Base' means
the test and evaluation facilities and resources that are
designated by the Secretary of Defense as facilities and
resources comprising the Major Range and Test Facility
Base.''.
SEC. 1105. EXTENSION OF TEMPORARY DIRECT HIRE AUTHORITY FOR
DOMESTIC DEFENSE INDUSTRIAL BASE FACILITIES AND
THE MAJOR RANGE AND TEST FACILITIES BASE.
Section 1125(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2457; 10
U.S.C. 1580 note prec.) is amended by striking ``and 2018''
and inserting ``through 2019''.
SEC. 1106. DIRECT HIRE AUTHORITY FOR FINANCIAL MANAGEMENT
EXPERTS IN THE DEPARTMENT OF DEFENSE WORKFORCE.
Section 1110 of the National Defense Authorization Act for
2017 (Public Law 114-328; 130 Stat. 2450; 10 U.S.C. 1580 note
prec.) is amended--
(1) in subsection (a), by striking ``the Defense Agencies
or the applicable military Department'' and inserting ``a
Department of Defense component'';
(2) in subsection (b)(1), by striking ``the Defense
Agencies'' and inserting ``each Department of Defense
component listed in subsection (f) other than the Department
of the Army, the Department of the Navy, and the Department
of the Air Force'';
(3) in subsection (d)--
(A) by striking ``any Defense Agency or military
department'' and inserting ``any Department of Defense
component''; and
(B) by striking ``such Defense Agency or military
department'' and inserting ``such Department of Defense
component''; and
(4) by striking subsection (f) and inserting the following
new subsection (f):
``(f) Department of Defense Component Defined.--In this
section, the term `Department of Defense component' means the
following:
``(1) A Defense Agency.
``(2) The Office of the Chairman of the Joint Chiefs of
Staff.
``(3) The Joint Staff.
``(4) A combatant command.
``(5) The Office of the Inspector General of the Department
of Defense.
``(6) A Field Activity of the Department of Defense.
``(7) The Department of the Army.
``(8) The Department of the Navy.
``(9) The Department of the Air Force.''.
SEC. 1107. AUTHORITY FOR WAIVER OF REQUIREMENT FOR A
BACCALAUREATE DEGREE FOR POSITIONS IN THE
DEPARTMENT OF DEFENSE ON CYBERSECURITY AND
COMPUTER PROGRAMMING.
(a) Briefing on Waiver Required.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
Defense shall provide the Committees on Armed Services of the
Senate and the House of Representatives a briefing on the
feasability and advisability of the enactment into law of the
waiver authority described in subsection (b) and the
authorities in subsections (c) through (e).
(b) Waiver Authority.--The waiver authority described in
this subsection is the authority of the Secretary of Defense
to waive any requirement in law for the possession of a
baccalaureate degree as a condition of appointment to a
position or category of positions in the Department of
Defense specified in subsection (c) if the Secretary
determined that the duties of the position or category of
positions could be appropriately discharged by individuals
demonstrating expertise other than a baccalaureate degree.
(c) Positions.--The positions or categories of positions in
the Department specified in this subsection are positions or
categories of positions whose primary duties involve the
following:
(1) Cybersecurity, including computer network operations,
computer network defense, computer network attack, and
computer network exploitation.
(2) Computer programming.
(d) Appointment.--An individual who does not possess a
baccalaureate degree could be appointed to a position covered
by a waiver pursuant to subsection (b) only if the Secretary
determined that the expertise demonstrated by the individual
was sufficient for the appropriate discharge of the duties of
the position by the individual.
(e) Guidance.--The Secretary would issue guidance for
purposes of this section setting forth the following:
(1) The positions or categories of positions in the
Department subject to the waiver authorized by subsection
(b).
(2) For each position or category of positions, the
expertise required for appointment to such position or
category of positions.
Subtitle B--Government-wide Matters
SEC. 1111. ELIMINATION OF FOREIGN EXEMPTION PROVISION IN
REGARD TO OVERTIME FOR FEDERAL CIVILIAN
EMPLOYEES TEMPORARILY ASSIGNED TO A FOREIGN
AREA.
(a) In General.--Section 5542 of title 5, United States
Code, is amended by adding at the end the following:
``(h) Notwithstanding section 13(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(f)), an employee who is
working at a location in a foreign country, or in a territory
under the jurisdiction of the United States to which the
exemption under such section 13(f) applies, in temporary duty
travel status while maintaining an official duty station or
worksite in an area of the United States that is not exempted
under such section 13(f) shall not be considered, for all
purposes, to be exempted from section 7 of such Act (29
U.S.C. 207) on the basis of the employee performing work at
such a location.''.
(b) Federal Wage System Employees.--Section 5544 of title
5, United States Code, is amended by adding at the end the
following:
``(d) Notwithstanding section 13(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(f)), an employee whose
overtime pay is determined in accordance with subsection (a)
who is working at a location in a foreign country, or in a
territory under the jurisdiction of the United States to
which the exemption under such section 13(f) applies, in
temporary duty travel status while maintaining an official
duty station or worksite in an area of the United States that
is not exempted under such section 13(f) shall not be
considered, for all purposes, to be exempted from section 7
of such Act (29 U.S.C. 207) on the basis of the employee
performing work at such a location.''.
(c) Conforming Repeal.--Section 5542(a) of title 5, United
States Code, is amended by striking paragraph (6).
SEC. 1112. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Section 1101(a) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4615), as most recently amended by section 1137 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), is further
[[Page S5960]]
amended by striking ``through 2017'' and inserting ``through
2018''.
SEC. 1113. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4616) and most recently
amended by section 1133 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328), is further
amended by striking ``2018'' and inserting ``2019''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR
WARFARE.
(a) Authority.--The Secretary of Defense may, with the
concurrence of the relevant Chief of Mission, expend up to
$10,000,000 during each of fiscal years 2018 through 2021 to
provide support to foreign forces, irregular forces, groups,
or individuals engaged in supporting or facilitating ongoing
irregular warfare operations by United States Special
Operations Forces.
(b) Funds.--Funds for support under this section in a
fiscal year shall be derived from amounts authorized to be
appropriated for that fiscal year for the Department of
Defense for operation and maintenance.
(c) Procedures.--
(1) In general.--The authority in this section shall be
exercised in accordance with such procedures as the Secretary
shall establish for purposes of this section.
(2) Elements.--The procedures that shall establish, at a
minimum, the following:
(A) Policy guidance for the execution of activities under
the authority in this section.
(B) The processes through which activities under the
authority in this section are to be developed, validated, and
coordinated, as appropriate, with relevant entities of the
United States Government.
(3) Notice to congress on procedures and material
modifications.--The Secretary shall notify the congressional
defense committees of the procedures established pursuant to
this section before any exercise of the authority in this
section, and shall notify such committee of any material
modification of the procedures.
(d) Notification.--
(1) In general.--Not later than 15 days before exercising
the authority in this section to make funds available to
initiate support of an approved military operation or
changing the scope or funding level of any support under this
section for such an operation by $500,000 or an amount equal
to 10 percent of such funding level (whichever is less), or
not later than 48 hours after exercising such authority if
the Secretary determines that extraordinary circumstances
that impact the national security of the United States exist
that otherwise prevent notice under this subsection before
the exercise of such authority, the Secretary shall notify
the congressional defense committees of the use of such
authority with respect to such operation. Any such
notification shall be in writing.
(2) Elements.--A notification required by this subsection
shall include the following:
(A) The type of support provided or to be provided to
United States Special Operations Forces.
(B) The type of support provided or to be provided to the
recipient of the funds.
(C) The amount obligated under the authority to provide
support.
(e) Limitation on Delegation.--The authority of the
Secretary to make funds available under this section for
support of a military operation may not be delegated.
(f) Construction of Authority.--Nothing in this section
shall be construed to constitute a specific statutory
authorization for any of the following:
(1) The conduct of a covert action, as such term is defined
in section 503(e) of the National Security Act of 1947 (50
U.S.C. 3093(e)).
(2) The introduction of United States Armed Forces into
hostilities or into situations wherein hostilities are
clearly indicated by the circumstances.
(3) The conduct or support of activities, directly or
indirectly, that are inconsistent with the laws of armed
conflict.
(g) Programmatic and Policy Oversight.--The Assistant
Secretary of Defense for Special Operations and Low-Intensity
Conflict shall have primary programmatic and policy oversight
within the Office of the Secretary of Defense of support to
irregular warfare activities authorized by this section.
(h) Biannual Reports.--
(1) Report on preceding fiscal year.--Not later than 120
days after the close of each fiscal year in which subsection
(a) is in effect, the Secretary shall submit to the
congressional defense committees a report on the support
provided under this section during the preceding fiscal year.
(2) Report on current calendar year.--Not later than 180
days after the submittal of each report required by paragraph
(1), the Secretary shall submit to the congressional defense
committees a report on the support provided under this
section during the first half of the fiscal year in which the
report under this paragraph is submitted.
(3) Elements.--Each report required by this subsection
shall include the following:
(A) A summary of the ongoing irregular warfare operations
by United States Special Operations Forces that were
supported or facilitated by foreign forces, irregular forces,
groups, or individuals for which support was provided under
this section during the period covered by such report.
(B) A description of the support or facilitation provided
by such foreign forces, irregular forces, groups, or
individuals to United States Special Operations Forces during
such period.
(C) The type of recipients that were provided support under
this section during such period, identified by authorized
category (foreign forces, irregular forces, groups, or
individuals).
(D) A detailed description of the support provided to the
recipients under this section during such period.
(E) The total amount obligated for support under this
section during such period, including budget details.
(F) The intended duration of support provided under this
section during such period
(G) An assessment of value of the support provided under
this section during such period, including a summary of
significant activities undertaken by foreign forces,
irregular forces, groups, or individuals to support irregular
warfare operations by United States Special Operations
Forces.
(H) The total amount obligated for support under this
section in prior fiscal years.
(i) Irregular Warfare Defined.--In this section, the term
``irregular warfare'' means activities in support of
predetermined United States policy and military objectives
conducted by, with, and through regular forces, irregular
forces, groups, and individuals participating in competition
between state and non-state actors short of traditional armed
conflict.
SEC. 1202. MODIFICATION OF AUTHORITY ON SUPPORT OF SPECIAL
OPERATIONS TO COMBAT TERRORISM.
(a) Oversight of Support.--Section 127e of title 10, United
States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Oversight by ASD for SOLIC.--The Assistant Secretary
of Defense for Special Operations and Low-Intensity Conflict
shall have primary responsibility within the Office of the
Secretary of Defense for oversight of policies and programs
for support authorized by this section.''.
(b) Reports.--Subsection (h) of such section, as
redesignated by subsection (a)(1) of this section is further
amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``calendar year'' and
inserting ``fiscal year'';
(B) by striking ``March 1 each year'' and inserting ``120
days after the end of the preceding fiscal year of each
year''; and
(C) by striking ``the preceding calendar year'' and
inserting ``such preceding fiscal year''; and
(2) in paragraph (2)--
(A) in the heading, by striking ``calendar year'' and
inserting ``fiscal year'';
(B) by striking ``September 1'' and inserting ``July 1'';
and
(C) by striking ``the calendar year'' and inserting ``the
fiscal year''.
SEC. 1203. MODIFICATIONS OF CERTAIN AUTHORITY IN CONNECTION
WITH REFORM OF DEFENSE SECURITY COOPERATION
PROGRAMS AND ACTIVITIES.
(a) Defense Institutional Capacity Building of Foreign
Countries.--Section 332 of title 10, United States Code, is
amended--
(1) in subsection (a), by inserting ``members of the armed
forces and'' before ``civilian employees'' in the matter
preceding paragraph (1);
(2) in subsection (b)(2)(B)--
(A) by striking ``employees'' both place it appears and
inserting ``advisors''; and
(B) by striking ``employee's'' and inserting ``advisor's'';
and
(3) in subsection (c)--
(A) by inserting ``member of the armed forces or'' before
``civilian employee of the Department of Defense'' in the
matter preceding paragraph (1);
(B) in paragraph (1), by striking ``employee as an''; and
(C) in paragraph (3), by striking ``the employee'' and
inserting ``the advisor''.
(b) Defense Institutional Capacity Building of Foreign
Forces.--Section 333(c)(4) of such title is amended by
striking ``the Department'' and inserting ``the Department of
Defense or another department or agency of the United States
Government''.
SEC. 1204. GLOBAL SECURITY CONTINGENCY FUND MATTERS.
(a) Two-year Extension of Authority.--Section 1207 of the
National Defense Authorization Act for Fiscal Year 2012 (22
U.S.C. 2151 note) is amended--
(1) in subsection (i), by striking ``September 30, 2017''
and inserting ``September 30, 2019''; and
(2) in subsection (p)--
(A) by striking ``September 30, 2017'' and inserting
``September 30, 2019''; and
(B) by striking ``through 2017'' and inserting ``through
2019''.
(b) Purposes of Fund.--Subsection (b) of such section is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``, or other national security forces that conduct border and
maritime security, internal defense, and counterterrorism
operations'' and inserting ``or other national security
forces'';
(B) in subparagraph (A), by striking ``or'' at the end;
(C) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(D) by adding at the end the following new subparagraph:
``(C) provide support to civil or national security
authorities in connection with humanitarian assistance
(including demining), disaster
[[Page S5961]]
response, and disaster risk reduction activities.''; and
(2) in paragraph (2), by striking ``rule of law programs,''
and all that follows and inserting ``rule of law programs and
stabilization efforts in a country.''.
(c) Notice to Congress on Initiation of Assistance.--
Subsection (l) of such section is amended by striking ``30
days'' and inserting ``15 days''.
SEC. 1205. DEFENSE INSTITUTE OF INTERNATIONAL LEGAL STUDIES.
(a) In General.--The Secretary of Defense may operate an
institute to be known as the ``Defense Institute of
International Legal Studies'' (in this section referred to as
the ``Institute'') in accordance with this section for
purposes in furtherance of United States security and foreign
policy objectives of--
(1) promoting an understanding of and appreciation for the
rule of law; and
(2) encouraging the international development of internal
capacities of foreign governments for civilian control of the
military, military justice, the legal aspects of
peacekeeping, good governance and anti-corruption in defense
reform, and human rights.
(b) Activities.--In carrying out the purposes specified in
subsection (a), the Institute may conduct activities as
follows:
(1) Research, communication, and exchange of ideas.
(2) Education and training involving military and civilian
personnel, both within and outside the United States.
(3) Building the legal capacity of foreign military and
other security forces, including equitable, transparent, and
accountable defense institutions, civilian control of the
military, human rights, and democratic governance.
(4) Institutional legal capacity building of foreign
defense and security institutions.
(c) Concurrence of Secretary of State.--The concurrence of
the Secretary of State is required to conduct activities
specified in subsection (b).
(d) Department of Defense Review.--
(1) In general.--The Secretary of Defense shall conduct a
comprehensive review of the mission, workforce, funding, and
other support of the Institute.
(2) Elements.--The review shall include, but not be limited
to, the following:
(A) An assessment of the scope of the mission of the
Institute, taking into account the increasing security
cooperation authorities and requirements of the Department of
Defense, including core rule of law training in the United
States and abroad, defense legal institution building, and
statutorily required human rights and legal capacity building
of foreign security forces.
(B) An assessment of the workforce of the Institute,
including whether it is appropriately sized to align with the
full scope of the mission of the Institute.
(C) A review of the funding mechanisms for the activities
of the Institute, including the current mechanisms for
reimbursing the Institute by the Department of State and by
the Department of Defense through the budget of the Defense
Security Cooperation Agency.
(D) An evaluation of the feasibility and advisability of
the provision of funds appropriated for the Department of
Defense directly to the Institute, and the actions, if any,
required to authorize the Institute to receive such funds
directly.
(E) A description of the challenges, if any, of the
Institute to increase its capacity to provide residence
courses to meet demands for training and assistance.
(F) An assessment of the capacity of the Department of
Defense to assess, monitor, and evaluate the effectiveness of
the human rights training and other activities of the
Institute.
(3) Report.--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 summarizing the
findings of the review and any recommendations for enhancing
the capability of the Institute to fulfill its mission that
the Secretary considers appropriate.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION OF COMMANDERS' EMERGENCY RESPONSE
PROGRAM AND RELATED AUTHORITIES.
(a) CERP.--Section 1201 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81;
125 Stat. 1619), as most recently amended by section 1211(a)
of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 130 Stat. 2477), is further
amended--
(1) in subsection (a), by striking ``December 31, 2018''
and inserting ``December 31, 2019'';
(2) in subsection (b), by striking ``fiscal year 2017 and
fiscal year 2018'' and inserting ``each of fiscal years 2017,
2018, and 2019''; and
(3) in subsection (f), by striking ``December 31, 2018''
and inserting ``December 31, 2019''.
(b) Payments for Redress of Certain Injuries.--Section
1211(b)(1) of the National Defense Authorization Act for
Fiscal Year 2017 (130 Stat. 2478) is amended by striking
``December 31, 2018'' and inserting ``December 31, 2019''.
SEC. 1212. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE
ARTICLES AND PROVIDE DEFENSE SERVICES TO THE
MILITARY AND SECURITY FORCES OF AFGHANISTAN.
(a) Expiration.--Subsection (h) of section 1222 of the
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 1992), as most recently
amended by section 1213 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2478), is further amended by striking ``December 31, 2017''
and inserting ``December 31, 2018''.
(b) Excess Defense Articles.--Subsection (i)(2) of such
section 1222, as so amended, is further amended by striking
``December 31, 2017'' each place it appears and inserting
``December 31, 2018''.
SEC. 1213. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 393), as most recently amended
by section 1218 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328), is further amended by
striking ``the period beginning on October 1, 2016, and
ending on December 31, 2017,'' and inserting ``fiscal year
2018,''.
(b) Limitations on Amounts Available.--Subsection (d)(1) of
such section, as so amended, is further amended--
(1) in the first sentence, by striking ``during the period
beginning on October 1, 2016, and ending on December 31,
2017, may not exceed $1,100,000,000'' and inserting ``during
fiscal year 2018 may not exceed $900,000,000''; and
(2) in the second sentence, by striking ``the period
beginning on October 1, 2016 and ending on December 31, 2017,
may not exceed $900,000,000'' and inserting ``during fiscal
year 2018 may not exceed $700,000,000''.
(c) Extension of Reporting Requirement on Reimbursement of
Pakistan for Security Enhancement Activities.--Subsection
(e)(2) of such section, as added by section 1218 of the
National Defense Authorization Act for Fiscal Year 2017, is
amended by inserting ``and annually thereafter,'' after
``December 31, 2017,''.
(d) Extension of Notice Requirement Relating to
Reimbursement of Pakistan for Support Provided by Pakistan.--
Section 1232(b)(6) of the National Defense Authorization Act
for Fiscal Year 2008, as most recently amended by section
1218(e) of the National Defense Authorization Act for Fiscal
Year 2017, is further amended by striking ``December 31,
2017'' and inserting ``September 30, 2018''.
(e) Extension of Limitation on Reimbursement of Pakistan
Pending Certification on Pakistan.--Section 1227(d)(1) of the
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 2001), as most recently
amended by section 1218(f) of the National Defense
Authorization Act for Fiscal Year 2017, is further amended by
striking ``for any period prior to December 31, 2017'' and
inserting ``for fiscal year 2018 and any prior fiscal year''.
(f) Additional Limitation on Reimbursement of Pakistan
Pending Certification on Pakistan.--Of the total amount of
reimbursements and support authorized for Pakistan during
fiscal year 2018 pursuant to the second sentence of section
1233(d)(1) of the National Defense Authorization Act for
Fiscal Year 2008 (as amended by subsection (b)(2)),
$350,000,000 shall not be eligible for the waiver under
section 1227(d)(2) of the National Defense Authorization Act
for Fiscal Year 2013 (126 Stat. 2001) unless the Secretary of
Defense certifies to the congressional defense committees
that--
(1) Pakistan continues to conduct military operations that
are contributing to significantly disrupting the safe havens,
fundraising and recruiting efforts, and freedom of movement
of the Haqqani Network and Lashkar-e-Tayyiba in Pakistan;
(2) Pakistan has taken steps to demonstrate its commitment
to prevent the Haqqani Network and Lashkar-e-Tayyiba from
using any Pakistan territory as a safe haven and for
fundraising and recruiting efforts;
(3) the Government of Pakistan is making an attempt to
actively coordinate with the Government of Afghanistan to
restrict the movement of militants, such as the Haqqani
Network and Lashkar-e-Tayyiba, along the Afghanistan-Pakistan
border; and
(4) Pakistan has shown progress in arresting and
prosecuting senior leaders and mid-level operatives of the
Haqqani Network and Lashkar-e-Tayyiba.
SEC. 1214. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND
SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR
ROUTE OF SUPPLY TO AFGHANISTAN.
Section 801(f) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2399), as
most recently amended by section 1212 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2478), is further amended by striking ``December
31, 2018'' and inserting ``December 31, 2019''.
SEC. 1215. EXTENSION OF SEMIANNUAL REPORT ON ENHANCING
SECURITY AND STABILITY IN AFGHANISTAN.
Section 1225(a)(2) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 128 Stat. 3550), as amended by
section 1215(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2480), is
further amended by striking ``December 15, 2019'' and
inserting ``December 15, 2020''.
SEC. 1216. SENSE OF CONGRESS REGARDING THE AFGHAN SPECIAL
IMMIGRANT VISA PROGRAM.
(a) Findings.--Congress finds the following:
(1) The Armed Forces, the Department of State, the United
States Agency for International Development, and other
agencies and departments of the United States rely on the
services of Afghan nationals in a variety of sensitive and
trusted capacities to support the operations of the United
States Government in Afghanistan.
(2) Afghans who have supported the United States Government
in Afghanistan face grave threats from the Taliban and other
terrorist groups as a result of their service.
[[Page S5962]]
(3) Commander of the United States Central Command, General
Joseph L. Votel, warned in a June 14, 2017, letter that
``curtailing or abandoning'' the special immigrant visa
program for Afghans carried out under the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) ``would risk
significantly undermining years of progress and goodwill and
could serve to tip the balance in favor of malign actors''.
(4) Commander of Resolute Support and United States Forces-
Afghanistan, General John W. Nicholson Jr., warned in a June
12, 2017, letter that if such program ``is not fully
resourced it could significantly undermine our credibility
and the 16 years of tremendous sacrifice by thousands of
Afghans on behalf of Americans and Coalition partners''.
(5) All visas allocated for such program are projected to
be exhausted and all visa issuances for principal applicants
will cease in October 2017, if additional visas are not
authorized.
(6) The cessation of the issuance of special immigrant
visas for Afghans is likely to cause panic among the Afghans
who are assisting the United States, often at great personal
risk, and could significantly affect the operations of the
United States Government in Afghanistan.
(b) Sense of Congress.--It is the sense of Congress that an
additional 4,000 visas should be made available for principal
aliens who are eligible for special immigrant status under
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note)
to prevent harm to the operations of the United States
Government in Afghanistan.
SEC. 1217. SPECIAL IMMIGRANT VISAS FOR AFGHAN ALLIES.
Section 602(b)(3)(F) of the Afghan Allies Protection Act of
2009 (8 U.S.C. 1101 note) is amended in the matter preceding
clause (i), by striking ``11,000'' and inserting ``15,000''.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1231. MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO
COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA.
(a) Clarification of Construction Authority.--
(1) Clarification.--Subsection (a) of section 1236 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3558), as most recently amended by section 1222 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2485), is further amended by
striking ``facility and infrastructure repair and
renovation,'' and inserting ``infrastructure repair and
renovation, small-scale construction of temporary facilities
necessary to meet urgent operational or force protection
requirements with a cost less than $4,000,000,''.
(2) Additional limitations and requirements.--Such section
1236 is further amended by adding at the end the following
new subsections:
``(m) Limitation on Aggregate Cost of Construction, Repair,
and Renovation Projects.--The aggregate amount of
construction, repair, and renovation projects carried out
under this section in any fiscal year may not exceed
$30,000,000.
``(n) Approval and Notice Before Certain Construction,
Repair, and Renovation Projects.--
``(1) Approval.--A construction, repair, or renovation
project costing more than $1,000,000 may not be carried out
under this section unless approved in advance by the
Commander of the United States Central Command.
``(2) Notice.--When a decision is made to carry out a
construction, repair, or renovation project to which
paragraph (1) applies, the Commander of the United States
Central Command shall notify in writing the appropriate
committees of Congress of that decision, including the
justification for the project and the estimated cost of the
project. The project may be carried out only after the end of
the 21-day period beginning on the date the notification is
received by the committees or, if earlier, the end of the 14-
day period beginning on the date on which a copy of the
notification is provided in an electronic medium pursuant to
section 480 of title 10, United States Code.''.
(3) Element in quarterly reports on construction, repair,
and renovation.--Paragraph (8) of subsection (d) of such
section 1236 is amended to read as follows:
``(8) A list of new projects for construction, repair, or
renovation commenced during the period covered by such
progress report, and a list of projects for construction,
repair, or renovation continuing from the period covered by
the preceding progress report.''.
(b) Funding.--Subsection (g) of such section 1236, as most
recently amended by section 1222 of the National Defense
Authorization Act for Fiscal Year 2017, is further amended--
(1) by striking ``in the National Defense Authorization Act
for Fiscal Year 2017 for Overseas Contingency Operations in
title XV for fiscal year 2017'' and inserting ``for the
Department of Defense for Overseas Contingency Operations for
fiscal year 2018''; and
(2) by striking ``$630,000,000'' and inserting
``$1,269,000,000''.
(c) Name of Islamic State or Iraq and Syria.--
(1) In general.--Such section 1236 is further amended--
(A) in subsection (a)(1)--
(i) by striking ``the Levant'' and inserting ``Syria''; and
(ii) by striking ``ISIL'' each place it appears and
inserting ``ISIS''; and
(B) in subsection (l)--
(i) in paragraph (1)(B)(i), by striking ``the Levant
(ISIL)'' and inserting ``Syria (ISIS)''; and
(ii) in paragraph (2)(A), by striking ``ISIL'' and
inserting ``ISIS''.
(2) Heading amendment.--The heading of such section 1236 is
amended to read as follows:
``SEC. 1236. AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE
ISLAMIC STATE OF IRAQ AND SYRIA.''.
SEC. 1232. MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO
THE VETTED SYRIAN OPPOSITION.
(a) Nature of Assistance.--Subsection (a) of section 1209
of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 128 Stat. 3541), as amended by section 1221(a) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2485), is further amended in
the matter preceding paragraph (1) by striking ``construction
of training and associated facilities'' and inserting
``construction and repair of training and associated
facilities or other facilities necessary to meet urgent
military operational requirements of a temporary nature with
a cost less than $4,000,000''.
(b) Scope of Element on Construction Projects in Quarterly
Progress Reports.--Subsection (d)(9) of such section 1209 is
amended by inserting before the semicolon the following: ``,
including new construction or repair commenced during the
period covered by such progress report and construction and
repair continuing from the period covered by the preceding
progress report''.
(c) Notice on New Initiatives.--
(1) In general.--Subsection (f) of such section 1209, as
most recently amended by section 1221(b) of the National
Defense Authorization Act for Fiscal Year 2017, is further
amended to read as follows:
``(f) Notice to Congress Before Initiation of New
Initiatives.--Not later than 30 days before initiating a new
initiative under subsection (a), the Secretary of Defense
shall submit to the appropriate congressional committees a
notice setting forth the following:
``(1) The initiative to be carried out, including a
detailed description of the assistance provided.
``(2) The budget, implementation timeline and anticipated
delivery schedule for the assistance to which the initiative
relates, the military department responsible for management
and the associated program executive office, and the
completion date for the initiative.
``(3) The amount, source, and planned expenditure of funds
to carry out the initiative.
``(4) Any financial or other support for the initiation
provided by foreign governments.
``(5) Any other information with respect to the initiative
that the Secretary considers appropriate.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act,
and shall apply with respect to new initiatives initiated
under section 1209 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 on or after the date that is 30 days after the date of
the enactment of this Act.
(d) Limitation on Aggregate Cost of Construction and Repair
Projects.--Such section 1209 is further amended by adding at
the end the following new subsection:
``(l) Limitation on Aggregate Cost of Construction and
Repair Projects.--The aggregate amount of construction and
repair projects carried out under this section in any fiscal
year may not exceed $10,000,000.''.
(e) Approval and Notice Before Certain Construction and
Repair Projects.--Such section 1209 is further amended by
adding at the end the following new subsection:
``(m) Approval and Notice Before Certain Construction and
Repair Projects.--
``(1) Approval.--A construction or repair project costing
more than $1,000,000 may not be carried out under this
section unless approved in advance by the Commander of the
United States Central Command.
``(2) Notice.--When a decision is made to carry out a
construction or repair project to which paragraph (1)
applies, the Commander of the United States Central Command
shall notify in writing the appropriate committees of
Congress of that decision, including the justification for
the project and the estimated cost of the project. The
project may be carried out only after the end of the 21-day
period beginning on the date the notification is received by
the committees or, if earlier, the end of the 14-day period
beginning on the date on which a copy of the notification is
provided in an electronic medium pursuant to section 480 of
title 10, United States Code.''.
SEC. 1233. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF
SECURITY COOPERATION IN IRAQ.
(a) Extension of Authority.--Subsection (f)(1) of section
1215 of the National Defense Authorization Act for Fiscal
Year 2012 (10 U.S.C. 113 note) is amended by striking
``fiscal year 2017'' and inserting ``fiscal year 2018''.
(b) Amount Available.--
(1) In general.--Such section is further amended--
(A) in subsection (c), by striking ``fiscal year 2017 may
not exceed $70,000,000'' and inserting ``fiscal year 2018 may
not exceed $42,000,000''; and
(B) in subsection (d), by striking ``fiscal year 2017'' and
inserting ``fiscal year 2018''.
(2) Limitation of use of fy18 funds pending plan.--Of the
amount available for fiscal year 2018 for section 1215 of the
National Defense Authorization Act for Fiscal Year 2012, as
amended by this section, not more than 50 percent may be
obligated or expended until 30 days after the date on which
the plan required by the joint explanatory statement to
accompany the conference report on S.2943 of the 114th
Congress, the National Defense Authorization Act for Fiscal
Year 2017, and entitled ``to transition the activities
conducted by OSC-I but funded by the
[[Page S5963]]
Department of Defense to another entity or transition the
funding of such activities to another source'' is provided to
the appropriate committees of Congress.
(c) Clarification of OSC-I Mandate and Expansion of
Eligible Recipients.--Subsection (f) of such section is
further amended--
(1) in paragraph (1), by striking ``training activities in
support of Iraqi Ministry of Defense and Counter Terrorism
Service personnel'' and all that follows and inserting
``activities to support the following:
``(A) Defense institution building to mitigate capability
gaps and promote effective and sustainable defense
institutions.
``(B) Professionalization, strategic planning and reform,
financial management, manpower management, and logistics
management of military and other security forces of or
associated with the Government of Iraq, including Kurdish and
tribal security forces or other local security forces with a
national security mission, at a base or facility of the
Government of Iraq.''; and
(2) in paragraph (2)--
(A) in the heading, by striking ``of training''; and
(B) by striking ``training'' and inserting ``activities of
the Office of Security Cooperation in Iraq''.
SEC. 1234. MODIFICATION AND ADDITIONAL ELEMENTS IN ANNUAL
REPORT ON THE MILITARY POWER OF IRAN.
(a) In General.--Section 1245(b) of the National Defense
Authorization Act for Fiscal Year 2010 (10 U.S.C. 113 note)
is amended--
(1) in paragraph (5)--
(A) by inserting ``and from'' after ``transfers to'';
(B) by striking ``from non-Iranian sources'' and inserting
``from or to non-Iranian sources or destinations''; and
(C) by inserting before the period at the end the
following: ``, including transfers that pertain to nuclear
development, ballistic missiles, and chemical, biological,
and advanced conventional weapons, weapon systems, and
delivery vehicles''; and
(2) by adding at the end the following new paragraphs:
``(6) An assessment of the use of civilian transportation
infrastructure and assets, including seaports, airports, and
commercial vessels and aircraft, used to transport illicit
military cargo to or from Iran, including military personnel,
military goods, and related components.
``(7) An assessment of military-to-military cooperation
between Iran and foreign counties, including Cuba, North
Korea, Pakistan, Sudan, Syria, Venezuela, and any other
country designated by the Secretary of Defense with
additional reference to cooperation and collaboration on the
development of nuclear, biological, chemical, and advanced
conventional weapons, weapon systems, and delivery
vehicles.''.
(b) 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 reports required to be
submitted under section 1245 of the National Defense
Authorization Act for Fiscal Year 2010 after that date.
Subtitle D--Matters Relating to the Russian Federation
SEC. 1241. EXTENSION OF LIMITATION ON MILITARY COOPERATION
BETWEEN THE UNITED STATES AND THE RUSSIAN
FEDERATION.
Section 1232 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) in subsection (a)--
(A) by inserting ``or 2018'' after ``fiscal year 2017'';
and
(B) by inserting ``in the fiscal year concerned'' after
``may be used''; and
(2) in subsection (c), by inserting ``with respect to funds
for a fiscal year'' after ``the limitation in subsection
(a)''.
SEC. 1242. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS
RELATING TO ACTIVITIES TO RECOGNIZE THE
SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER
CRIMEA.
Section 1234 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) in subsection (a), by inserting ``or 2018'' after
``fiscal year 2017''; and
(2) in subsection (b), by inserting ``for a fiscal year''
after ``expenditure of funds''.
SEC. 1243. EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
(a) Extension.--Subsection (h) of section 1250 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1068), as amended by section
1237 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2494), is further
amended by striking ``December 31, 2018'' and inserting
``December 31, 2019''.
(b) Funding for Fiscal Year 2018.--Subsection (f) of such
section 1250, as added by subsection (a) of such section
1237, is further amended by adding at the end the following
new paragraph:
``(3) For fiscal year 2018, $500,000,000.''.
(c) Availability of Funds.--Subsection (c) of such section
1250, as amended by subsection (c) of such section 1237, is
further amended--
(1) in paragraph (1), by inserting after ``pursuant to
subsection (f)(2)'' the following: ``, or more than
$250,000,000 of the funds available for fiscal year 2018
pursuant to subsection (f)(3),'';
(2) in paragraph (2), by inserting ``with respect to the
fiscal year concerned'' after ``is a certification''; and
(3) in paragraph (3)--
(A) by inserting ``or 2018'' after ``in fiscal year 2017'';
and
(B) by striking ``in paragraph (2), such funds may be used
in that fiscal year'' and inserting ``in paragraph (2) with
respect to such fiscal year, such funds may be used in such
fiscal year''.
SEC. 1244. EXTENSION OF AUTHORITY ON TRAINING FOR EASTERN
EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE
OF MULTILATERAL EXERCISES.
(a) Extension.--Subsection (h) of section 1251 of the
National Defense Authorization Act for Fiscal Year 2016 (10
U.S.C. 2282 note) is amended--
(1) by striking ``September 30, 2018'' and inserting
``December 31, 2020''; and
(2) by striking ``fiscal years 2016 through 2018'' and
inserting ``fiscal year 2016 through calendar year 2020''.
(b) Technical and Conforming Amendments.--Such section is
further amended--
(1) by striking ``military'' each place it appears and
inserting ``security'';
(2) in subsection (e), by striking ``that'' and inserting
``than''; and
(3) in subsection (f), by striking ``section 2282'' and
inserting ``chapter 16''.
SEC. 1245. SECURITY ASSISTANCE FOR BALTIC NATIONS FOR JOINT
PROGRAM FOR RESILIENCY AND DETERRENCE AGAINST
AGGRESSION.
(a) In General.--The Secretary of Defense may, with the
concurrence of the Secretary of State, conduct or support a
joint program of the Baltic nations to improve their
resilience against and build their capacity to deter
aggression by the Russian Federation.
(b) Joint Program.--For purposes of subsection (a), a joint
program of the Baltic nations may be either of the following:
(1) A program jointly agreed by the Baltic nations that
builds interoperability among those countries.
(2) An agreement for the joint procurement by the Baltic
nations of defense articles or services using assistance
provided pursuant to subsection (a).
(c) Participation of Other Countries.--Any country other
than a Baltic nation may participate in the joint program
described in subsection (a), but only using funds of such
country.
(d) Limitation on Amount.--The total amount of assistance
provided pursuant to subsection (a) in fiscal year 2018 may
not exceed $100,000,000.
(e) Funding.--Amounts for assistance provided pursuant to
subsection (a) shall be derived from amounts authorized to be
appropriated by this Act and available for the European
Deterrence Initiative (EDI).
(f) Baltic Nations Defined.--In this section, the term
``Baltic nations'' means the following:
(1) Estonia.
(2) Latvia.
(3) Lithuania.
SEC. 1246. ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE RUSSIAN FEDERATION.
Section 1245(b) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 128 Stat. 3566), as most recently
amended by section 1235(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2490), is further amended--
(1) by redesignating paragraphs (14) through (20) as
paragraphs (15) through (21), respectively; and
(2) by inserting after paragraph (13) the following new
paragraph (14):
``(14) An assessment of Russia's hybrid warfare strategy
and capabilities, including--
``(A) Russia's information warfare strategy and
capabilities, including the use of misinformation,
disinformation, and propaganda in social and traditional
media;
``(B) Russia's financing of political parties, think tanks,
media organizations, and academic institutions;
``(C) Russia's malicious cyber activities;
``(D) Russia's use of coercive economic tools, including
sanctions, market access, and differential pricing,
especially in energy exports; and
``(E) Russia's use of criminal networks and corruption to
achieve political objectives.''.
SEC. 1247. ANNUAL REPORT ON ATTEMPTS OF THE RUSSIAN
FEDERATION TO PROVIDE DISINFORMATION AND
PROPAGANDA TO MEMBERS OF THE ARMED FORCES BY
SOCIAL MEDIA.
(a) Annual Report Required.--Not later than March 31 each
year, the Secretary of Defense shall submit to the
congressional defense committees a report on attempts by the
Russian Federation, or any foreign person acting as an agent
of or on behalf of the Russian Federation, during the
preceding year to knowingly disseminate Russian Federation-
supported disinformation or propaganda, through social media
applications or related Internet-based means, to members of
the Armed Forces with probable intent to cause injury to the
United States or advantage the Government of the Russian
Federation.
(b) Form.--Each report under this section shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1248. SUPPORT OF EUROPEAN DETERRENCE INITIATIVE TO DETER
RUSSIAN AGGRESSION.
(a) Findings.--Congress makes the following findings:
(1) Military exercises, such as Exercise Nifty Nugget and
Exercise Reforger during the Cold War, have historically made
important contributions to testing operational concepts,
technologies, and leadership approaches; identifying limiting
factors in the execution of operational plans and appropriate
corrective action; and bolstering deterrence against
adversaries by demonstrating United States military
capabilities.
[[Page S5964]]
(2) Military exercises with North Atlantic Treaty
Organization (NATO) allies enhance the interoperability and
strategic credibility of the alliance.
(3) The increase in conventional, nuclear, and hybrid
threats by the Russian Federation against the security
interests of the United States and allies in Europe requires
substantial and sustained investment to improve United States
combat capability in Europe.
(4) The decline of a permanent United States military
presence in Europe in recent years increases the likelihood
the United States will rely on being able to flow forces from
the continental United States to the European theater in the
event of a major contingency.
(5) Senior military leaders, including the Commander of
United States Transportation Command, have warned that a
variety of increasingly advanced capabilities, especially the
proliferation of anti-access, area denial (A2/AD)
capabilities, have given adversaries of the United States the
ability to challenge the freedom of movement of the United
States military in all domains from force deployment to
employment to disrupt, delay, or deny operations.
(b) Sense of Congress.--It is the sense of Congress that,
to enhance the European Deterrence Initiative and bolster
deterrence against Russian aggression, the United States,
together with North Atlantic Treaty Organization allies and
other European partners, should demonstrate its resolve and
ability to meet its commitments under Article V of the North
Atlantic Treaty through appropriate military exercises with
an emphasis on participation of United States forces based in
the continental United States and testing strategic and
operational logistics and transportation capabilities.
(c) Report.--
(1) In general.--Not later than March 1, 2018, the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth the following:
(A) An analysis of the challenges to the ability of the
United States to flow significant forces from the continental
United States to the European theater in the event of a major
contingency.
(B) The plans of the Department of Defense, including the
conduct of military exercises, to address such challenges.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1249. SENSE OF CONGRESS ON THE EUROPEAN DETERRENCE
INITIATIVE.
It is the sense of Congress that--
(1) the European Deterrence Initiative will bolster efforts
to deter further Russian aggression by providing resources
to--
(A) train and equip the military forces of North Atlantic
Treaty Organization (NATO) and non-North Atlantic Treaty
Organization partners in order to improve responsiveness,
expand expeditionary capability, and strengthen combat
effectiveness across the spectrum of security environments;
(B) enhance the indications and warning, interoperability,
and logistics capabilities of Allied and partner military
forces to increase their ability to respond to external
aggression, defend sovereignty and territorial integrity, and
preserve regional stability;
(C) improve the agility and flexibility of military forces
required to address threats across the full spectrum of
domains and effectively operate in a wide array of coalition
operations across diverse global environments from North
Africa and the Middle East to Eastern Europe and the Arctic;
and
(D) mitigate potential gaps forming in the areas of
information warfare, Anti-Access Area Denial, and force
projection;
(2) investments that support the security and stability of
Europe, and that assist European nations in further
developing their security capabilities, are in the long-term
vital national security interests of the United States; and
(3) funds for such efforts should be authorized and
appropriated in the base budget of the Department of Defense
in order to ensure continued and planned funding to address
long-term stability in Europe, reassure the European allies
and partners of the United States, and deter further Russian
aggression.
SEC. 1250. ENHANCEMENT OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
Section 1250(b) of National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 126 Stat. 1068), as
amended by section 1237(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2495), is further amended by adding at the end the
following new paragraph:
``(12) Treatment of wounded Ukraine soldiers in the United
States in medical treatment facilities through the
Secretarial Designee Program, and transportation, lodging,
meals, and other appropriate non-medical support in
connection with such treatment (including incidental expenses
in connection with such support).''.
SEC. 1251. SENSE OF CONGRESS ON THE IMPORTANCE OF THE NORTH
ATLANTIC TREATY ORGANIZATION INTELLIGENCE
FUSION CENTER.
(a) Findings.--Congress makes the following findings:
(1) The North Atlantic Treaty Organization (NATO)
Intelligence Fusion Center provides a crucial contribution to
the North Atlantic Treaty Organization alliance and the
national security of the United States.
(2) The fast-paced evolution of the security situation
throughout Europe and its periphery, as well as a marked
increase in conventional, nuclear, and hybrid threats from
the Russian Federation, require optimized efforts to track
and attribute critical threats to the security and stability
of Europe and United States national security interests.
(3) The ability of the North Atlantic Treaty Organization
Intelligence Fusion Center to leverage strategic intelligence
partnerships with the United States and other allies
facilitates daily and direct collaboration that provides
operational advantages and efficiencies needed to ensure the
rapid and proper response by the North Atlantic Treaty
Organization to Russian aggression in the conventional,
nuclear, and hybrid domains.
(4) The collocation of the North Atlantic Treaty
Organization Intelligence Fusion Center with the Joint
Intelligence Analysis Complex of the United States European
Command facilitates the sharing and fusion of intelligence,
contributes to filling intelligence gaps within both the
North Atlantic Treaty Organization and the United States
European Command, and supports a common intelligence picture
for the North Atlantic Council, which is essential to
establishing political consensus on evaluating, analyzing,
and attributing existing and emerging threats.
(5) The North Atlantic Treaty Organization Intelligence
Fusion Center and its collocation with the Joint Intelligence
Analysis Complex contribute significantly to providing the
North Atlantic Treaty Organization alliance and the United
States European Command timely and effective indications and
warnings of threats emanating from within and around Europe.
(b) Sense of Congress.--It is the sense of Congress that
the collocation of the North Atlantic Treaty Organization
Intelligence Fusion Center with the Joint Intelligence
Analysis Complex of the United States European Command
provides the optimal solution to intelligence and operational
requirements, while fostering critical diplomatic
relationships, and is the most efficient configuration of the
intelligence enterprise.
Subtitle E--Matters Relating to the Asia-Pacific Region
SEC. 1261. ASIA-PACIFIC STABILITY INITIATIVE.
(a) In General.--The Secretary of Defense may carry out a
program of activities described in subsection (b) for the
purpose of enhancing stability in the Asia-Pacific region.
The program of activities shall be known as the ``Asia-
Pacific Stability Initiative''.
(b) Activities.--The activities described in this
subsection are the following:
(1) Activities to increase the presence and enhance the
posture of the United States Armed Forces in the Asia-Pacific
region.
(2) Bilateral and multilateral military training and
exercises with allies and partner nations in the Asia-Pacific
region.
(3) Activities to improve military and defense
infrastructure in the Asia-Pacific region in order to enhance
the responsiveness and capabilities of the United States
Armed Forces in that region.
(4) Activities to enhance the storage and pre-positioning
in the Asia-Pacific region of equipment of the United States
Armed Forces.
(5) Activities to build the defense and security capacity
of the United States Armed Forces in the Asia-Pacific region
and, using the authorities specified in subsection (c), the
defense and security capacity of allies and partner nations
in that region.
(c) Activities To Build Defense and Security Capacity of
Allies and Partner Nations.--The activities to build the
defense and security capacity of allies and partner nations
in the Asia-Pacific region described in subsection (b)(5) may
include activities under the authorities of the Department of
Defense as follows:
(1) Section 2282 of title 10, United States Code, or
section 333 of such title (its successor section), relating
to authority to build the capacity of foreign security
forces.
(2) Section 332 of title 10, United States Code, relating
to defense institution capacity building for friendly foreign
countries and international and regional organizations.
(3) Section 1263 of the National Defense Authorization Act
for Fiscal Year 2016 (10 U.S.C. 2282 note), relating to the
Southeast Asia Maritime Security Initiative.
(4) Section 1206 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (10 U.S.C. 2282 note), relating to training of security
forces and associated ministries of foreign countries to
promote respect for the rule of law and human rights.
(5) Any other authority available to the Secretary of
Defense for the purpose of building the defense and security
capacity of allies and partner nations in the Asia-Pacific
region.
(d) Transfer Requirements.--
(1) Use of funds only pursuant to transfer.--Funds
available for the Asia-Pacific Stability Initiative may be
used for activities described in subsections (b) and (c) only
pursuant to a transfer of such funds to or among either or
both of the following accounts of the Department of Defense:
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(2) Effect on authorization amounts.--The transfer of an
amount available for the Asia-Pacific Stability Initiative to
an account under the authority provided by paragraph (1) in a
fiscal year shall be deemed to increase the amount authorized
for such account for such fiscal year by an amount equal to
the amount transferred.
(3) Construction with other transfer authority.--The
transfer authority provided by paragraph (1) is in addition
to any other transfer authority available to the Department
of Defense by law.
(e) Notification Requirements.--Not later than 15 days
before that date on which a transfer of funds under
subsection (d) takes effect, the Secretary of Defense shall
notify the Committees on Armed Services of the Senate and the
House of Representatives in writing of the transfer. Each
notice of a transfer of funds shall include the following:
(1) A detailed description of the project or activity to be
supported by the transfer of funds,
[[Page S5965]]
including any request of the Commander of the United States
Pacific Command for support, urgent operational need, or
emergent operational need to be satisfied by the project or
activity.
(2) The amount to be transferred and expended on the
project or activity.
(3) A timeline for expenditure of the transferred funds.
(f) Funding.--Amounts for the Asia- Pacific Stability
Initiative shall be derived from amounts authorized to be
appropriated for fiscal year 2018 for the Department of
Defense for operation and maintenance by section 301 and
available for the Asia-Pacific Stability Initiative as
specified in the funding table in section 4301.
(g) Duration of Transfer Authority.--The authority in
subsection (d) to transfer funds expires September 30, 2019.
(h) Asia-Pacific Region Defined.--In this section, the term
``Asia-Pacific region'' means the region that falls under the
responsibility and jurisdiction of United States Pacific
Command.
SEC. 1262. EXPANSION OF MILITARY-TO-MILITARY ENGAGEMENT WITH
THE GOVERNMENT OF BURMA.
Section 1253(a) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 128 Stat. 3571; 22 U.S.C. 2151
note) is amended by adding at the end the following new
paragraphs:
``(6) Courses or workshops to improve the Burmese
military's--
``(A) understanding of regional and global security issues;
and
``(B) ability to adhere to international training
standards.
``(7) Consultation, education, and training on maritime
domain awareness.
``(8) Consultation, education, and training on peacekeeping
operations.
``(9) Courses or workshops on combating illegal trafficking
and migration.''.
SEC. 1263. AGREEMENT SUPPLEMENTAL TO COMPACT OF FREE
ASSOCIATION WITH PALAU.
(a) Approval of Agreement Supplemental to Compact.--The
Compact Review Agreement and appendices signed by the United
States and the Republic of Palau on September 3, 2010, in
connection with section 432 of the Compact of Free
Association with Palau (Public Law 99-658; 48 U.S.C. 1931
note), with the funding schedule therein to be modified by
the parties to the Agreement as necessary and appropriate,
are approved (hereinafter the ``Agreement'').
(b) Status of Prior Year Payments.--Amounts provided to the
Government of Palau by the Government of the United States in
fiscal years 2011 through 2017 shall also be considered as
funding to implement the Agreement.
(c) Extension of Effective Date.--Section 105(f)(1)(B)(ix)
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921d(f)(1)(B)(ix)) is amended by striking ``2009''
and inserting ``2024''.
SEC. 1264. WORKFORCE ISSUES FOR RELOCATION OF MARINES TO
GUAM.
(a) Amendments to the Military Construction Authorization
Act for Fiscal Year 2009.--Subsection 2824(c)(6)(D) of the
Military Construction Authorization Act for Fiscal Year 2009
(division B of Public Law 110-417; 10 U.S.C. 2687 note) is
amended--
(1) by inserting ``and the Secretary of Veterans Affairs''
after ``the Secretary of Labor'' each place it appears; and
(2) in the last sentence, by striking ``determines'' and
inserting ``determine''.
(b) Amendment to Joint Resolution Approving the Covenant
Establishing Commonwealth of the Northern Mariana Islands.--
Section 6(b) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in Political
Union With the United States of America', and for other
purposes'', approved March 24, 1976 (48 U.S.C. 1806(b)) is
amended to read as follows:
``(b) Numerical Limitations for Nonimmigrant Workers.--
``(1) In general.--An alien, if otherwise qualified, may,
before December 31, 2023, seek admission to Guam as a
nonimmigrant worker under section 101(a)(15)(H) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H))
without counting against the numerical limitations set forth
in section 214(g) of such Act (8 U.S.C. 1184(g)). The
numerical limitation of such aliens may not exceed 4,000 for
any fiscal year. An alien, if otherwise qualified, may,
before December 31, 2023, be admitted under section
101(a)(15)(H)(ii)(b) of such Act for a period of up to 3
years to perform services or labor on Guam pursuant to any
agreement entered into by a prime contractor or subcontractor
calling for services or labor required for performance of the
contract or subcontract in direct support of all military-
funded construction, repairs, renovation, and facilities
services necessary to enable the Marine Corps realignment in
the Pacific, notwithstanding the requirement of such section
that the service or labor be temporary. This subsection does
not apply to any employment to be performed outside of Guam
or the Commonwealth.
``(2) Applicability of certain requirements.--The
requirements of section 2824(c) of the Military Construction
Act for Fiscal Year 2009 (division B of Public Law 110-417;
10 U.S.C. note) shall apply to this subsection.''.
(c) Effective Date.--The amendment made by subsection (b)
shall take effect on the date that is 120 days after the date
of enactment of this Act.
SEC. 1265. UNITED STATES POLICY WITH RESPECT TO FREEDOM OF
NAVIGATION OPERATIONS AND OVERFLIGHT BEYOND THE
TERRITORIAL SEAS.
(a) Findings.--Congress makes the following findings:
(1) Since the Declaration of Independence in 1776, which
was inspired in part as a response to a ``tyrant'' who
``plundered our seas, ravaged our Coasts'' and who wrote laws
``for cutting off our Trade with all parts of the world'',
freedom of seas and promotion of international commerce have
been core security interests of the United States.
(2) Article I, section 8 of the Constitution of the United
States establishes enumerated powers for Congress, which
include regulating commerce with foreign nations, punishing
piracies and felonies committed on the high seas and offenses
against the law of nations, and providing and maintaining a
Navy.
(3) For centuries, the United States has maintained a
commitment to ensuring the right to freedom of navigation for
all law-abiding parties in every region of the world.
(4) In support of international law, the longstanding
United States commitment to freedom of navigation and
ensuring the free access to sea lanes to promote global
commerce remains a core security interest of the United
States.
(5) This is particularly true in areas of the world that
are critical transportation corridors and key routes for
global commerce, such as the South China Sea and the East
China Sea, through which a significant portion of global
commerce transits.
(6) The consistent exercise of freedom of navigation
operations and overflights by United States naval and air
forces throughout the world plays a critical role in
safeguarding the freedom of the seas for all lawful nations,
supporting international law, and ensuring the continued safe
passage and promotion of global commerce and trade.
(b) Declaration of Policy.--It is the policy of the United
States to fly, sail, and operate throughout the oceans, seas,
and airspace of the world wherever international law allows.
(c) Implementation of Policy.--In furtherance of the policy
set forth in subsection (b), the Secretary of Defense shall--
(1) plan and execute a robust series of routine and regular
naval presence missions and freedom of navigation operations
(FONOPs) throughout the world, including for critical
transportation corridors and key routes for global commerce;
(2) execute, in such critical transportation corridors,
routine and regular naval presence missions and maritime
freedom of navigation operations throughout the year;
(3) in addition to the operations executed pursuant to
paragraph (2), execute routine and regular maritime freedom
of navigation operations throughout the year, in accordance
with international law, including the use of expanded
military options and maneuvers beyond innocent passage; and
(4) to the maximum extent practicable, execute freedom of
navigation operations pursuant to this subsection with
regional partner countries and allies of the United States.
SEC. 1266. SENSE OF CONGRESS ON THE IMPORTANCE OF THE RULE OF
LAW IN THE SOUTH CHINA SEA.
It is the sense of Congress that--
(1) the South China Sea is a vitally important waterway for
global commerce and for regional security, with almost 30
percent of the maritime trade of the world transiting the
South China Sea annually;
(2) the People's Republic of China is undermining regional
security and prosperity and challenging international rules
and norms by engaging in coercive activities and attempting
to limit lawful foreign operations in the South China Sea;
(3) a tribunal determined ``that China had violated the
Philippines' sovereign rights in its exclusive economic zone
by (a) interfering with Philippine fishing and petroleum
exploration, (b) constructing artificial islands and (c)
failing to prevent Chinese fishermen from fishing in the
zone,'' and that ``Chinese law enforcement vessels had
unlawfully created a serious risk of collision when they
physically obstructed Philippine vessels'';
(4) the arbitral tribunal award of July 2016 stated that
there is ``no legal basis for China to claim historic rights
to resources within the sea areas falling within the nine-
dash line''; and
(5) the United States should play a vital role in securing
the South China Sea and ensuring freedom of navigation and
overflight for all countries by undertaking freedom of
navigation operations on a regular and consistent basis, as
well as maintaining persistent presence operations in the
region.
SEC. 1267. SENSE OF CONGRESS ON THE IMPORTANCE OF THE
RELATIONSHIP BETWEEN THE UNITED STATES AND
JAPAN.
It is the sense of Congress that--
(1) the United States and Japan are indispensable partners
in tackling global challenges, and have pledged significant
support for efforts to counter violent extremism (including
the threat of the Islamic State), combat the proliferation of
weapons of mass destruction, prevent piracy, and assist the
victims of conflict and disaster worldwide;
(2) the security alliance between the United States and
Japan has evolved considerably over many decades and will
continue to transform as a partnership, sharing greater
responsibilities, dedicated to ensuring a secure and
prosperous Asia-Pacific region and world;
(3) the alliance between the United States and Japan is
essential for ensuring maritime security and freedom of
navigation, commerce, and overflight in the waters of the
East China Sea;
(4) Japan, a cornerstone of peace in the Asia-Pacific
region, stands as a strong partner of the United States in
efforts to uphold respect for the rule of law and to oppose
the use of coercion, intimidation, or force to change the
regional or global status quo, including in the East China
Sea and the South China Sea, which are among the busiest
waterways in the world;
[[Page S5966]]
(5) the United States and Japan are committed to working
together towards a world in which the Democratic People's
Republic of Korea (DPRK) does not threaten global peace and
security with its weapons of mass destruction and illicit
activities, and in which it respects human rights and its
people can live in freedom;
(6) the alliance between the United States and Japan should
be strengthened to maintain peace and stability in the Asia-
Pacific region and beyond, to confront emerging challenges,
and to safeguard maritime security and ensure freedom of
navigation, commerce, and overflight in the East China Sea
and the South China Sea;
(7) although the United States Government does not take a
position on sovereignty of the Senkaku Islands, the United
States acknowledges that the islands are under the
administration of Japan and opposes any unilateral actions
that would seek to undermine their administration by Japan;
and
(8) the unilateral actions of a third party will not affect
the United States acknowledgment of the administration of
Japan over the Senkaku Islands, and the United States remains
committed under the Treaty of Mutual Cooperation and Security
with Japan to respond to any armed attack in the territories
under the administration of Japan.
SEC. 1268. SENSE OF CONGRESS ON THE IMPORTANCE OF THE UNITED
STATES ALLIANCE WITH THE REPUBLIC OF KOREA.
(a) Findings.--Congress makes the following findings:
(1) The Government of North Korea has repeatedly violated
its commitments to the complete, verifiable, and irreversible
dismantlement of its nuclear weapons programs.
(2) Based on its past actions, including the transfer of
sensitive nuclear and missile technology to state sponsors of
terrorism, North Korea poses a grave risk for the
proliferation of nuclear weapons and other weapons of mass
destruction.
(3) North Korea has--
(A) unilaterally withdrawn from the Korean War Armistice
Agreement, done at Panmunjom, Korea, July 27, 1953; and
(B) committed provocations against South Korea--
(i) by sinking the warship Cheonan and killing 46 of her
crew on March 26, 2010;
(ii) by shelling Yeonpyeong Island and killing 4 South
Korea civilians on November 23, 2010; and
(iii) by its involvement in the ``DarkSeoul'' cyberattacks
against the financial and communications interests of the
Republic of Korea on March 20, 2013.
(4) North Korea maintains a system of brutal political
prison camps that contain as many as 200,000 men, women, and
children, who are--
(A) kept in atrocious living conditions with insufficient
food, clothing, and medical care; and
(B) under constant fear of rape, torture, or arbitrary
execution.
(5) The Government of North Korea has provided technical
support and conducted destructive and coercive cyberattacks
including against Sony Pictures Entertainment and other
United States persons.
(6) The conduct of the Government of North Korea poses an
imminent threat to--
(A) the security of the United States and its allies;
(B) the global economy;
(C) the safety of members of the United States Armed
Forces;
(D) the integrity of the global financial system;
(E) the integrity of global nonproliferation programs; and
(F) the people of North Korea.
(b) Sense of Congress.--It is the sense of Congress that,
in order to achieve the peaceful disarmament of North Korea,
the United States should--
(1) reaffirm the commitment of the United States to
defending our allies in the region, including through the
deployment of a Terminal High Altitude Area Defense (THAAD)
battery to the Republic of Korea, and the commitment to
provide extended deterrence, guaranteed by the full spectrum
of United States defense capabilities, including conventional
capabilities, missile defense, and the nuclear umbrella;
(2) support ongoing efforts to strengthen the alliance
between the United States and the Republic of Korea alliance,
to protect the 28,500 members of the United States Armed
Forces stationed on the Korean Peninsula, and to defend the
alliance against any and all provocations committed by the
North Korea regime; and
(3) support efforts to deepen trilateral coordination and
cooperation between the United States, the Republic of Korea,
and Japan, to address the grave and growing threat of the
ballistic missiles and nuclear weapons programs of North
Korea.
SEC. 1269. SENSE OF CONGRESS ON EXTENDED DETERRENCE FOR THE
KOREAN PENINSULA AND JAPAN.
It is the sense of Congress that--
(1) the nuclear and missile program of North Korea is one
of the most dangerous national security threats facing the
United States today; and
(2) given the threat posed by North Korea to our allies,
the Republic of Korea and Japan, the Nuclear Posture Review
that will occur this year should fully consider the
perspectives of key allies and partners of the United States
in East Asia, including the Republic of Korea and Japan.
SEC. 1270. DEFENSE PARTNERSHIP BETWEEN THE UNITED STATES AND
TAIWAN.
(a) Sense of Congress.--It is the sense of Congress that
United States should strengthen and enhance its long-standing
partnership and strategic cooperation with Taiwan, and
reinforce its commitment to the Taiwan Relations Act and the
``Six Assurances'' as both countries work toward mutual
security objectives, by--
(1) conducting regular transfers of defense articles and
defense services necessary to enable Taiwan to secure common
interests and objectives with the United States, based solely
on the needs of Taiwan;
(2) assisting Taiwan in building an effective air defense
capability consisting of a balance of fighters and mobile air
defense systems; and
(3) inviting Taiwan to participate in multilateral training
activities hosted by the United States that increase the
credible deterrent capabilities of Taiwan.
(b) Report on Naval Port of Call Exchanges Between the
United States and Taiwan.--
(1) Report required.--Not later than September 1, 2018, the
Secretary of Defense shall submit to the appropriate
committees of Congress a report on the following:
(A) An assessment and planning regarding ports of call by
the United States Navy at Kaohsiung, or any other suitable
port or ports on the island of Taiwan.
(B) An assessment of the feasibility and advisability of
permitting the United States Pacific Command (PACOM) to
receive ports of call by the navy of Taiwan in Hawaii, Guam,
and other appropriate locations.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1270A. NAVAL PORT OF CALL EXCHANGES BETWEEN THE UNITED
STATES AND TAIWAN.
The Secretary of Defense shall--
(1) reestablish regular ports of call by the United States
Navy at Kaohsiung or any other suitable port or ports on the
island of Taiwan; and
(2) permit the United States Pacific Command (PACOM) to
receive ports of call by the navy of Taiwan in Hawaii, Guam,
and other appropriate locations.
SEC. 1270B. PROGRAM TO ENHANCE THE UNDERSEA WARFARE
CAPABILITIES OF TAIWAN.
The Secretary of Defense shall implement a program of
technical assistance and consultation to support the efforts
of Taiwan to develop indigenous undersea warfare
capabilities, including vehicles and sea mines, for its
military forces.
SEC. 1270C. INVITATION OF TAIWAN MILITARY FORCES TO
PARTICIPATE IN JOINT MILITARY EXERCISES.
The Secretary of Defense shall invite the military forces
of Taiwan to participate in one of the military exercises
known as the ``Red Flag'' exercises, conducted at Eielson Air
Force Base, Alaska, and Nellis Air Force Base, Nevada, that
are conducted during the one-year period beginning on the
date of the enactment of this Act.
SEC. 1270D. REPORT ON MILITARY EXCHANGES BETWEEN SENIOR
OFFICERS AND OFFICIALS OF THE UNITED STATES AND
TAIWAN.
Not later than April 1, 2018, the Secretary of Defense
shall submit to the congressional defense committees a report
that includes the following:
(1) A list of actions taken to implement the
recommendations contained in section 1284 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2544).
(2) A description of future plans to implement the
recommendations contained in section 1284 of the National
Defense Authorization Act for Fiscal Year 2017.
(3) If no actions have been taken to implement the
recommendations contained in section 1284 of the National
Defense Authorization Act for Fiscal Year 2017 or there are
no future plans to implement the recommendations, the reasons
why.
Subtitle F--Reports
SEC. 1271. SUBMITTAL OF DEPARTMENT OF DEFENSE SUPPLEMENTAL
AND COST OF WAR EXECUTION REPORTS ON QUARTERLY
BASIS.
Subsection (c) of section 1212 of the National Defense
Authorization Act for Fiscal Year 2006 (10 U.S.C. 113 note)
is amended to read as follows:
``(c) Quarterly Submittal to Congress and GAO of Certain
Reports on Costs.--Not later than 45 days after the end of
each fiscal year quarter, the Secretary of Defense shall
submit to the congressional defense committees and the
Comptroller General of the United States the Department of
Defense Supplemental and Cost of War Execution report for
such fiscal year quarter.''.
SEC. 1272. CONSOLIDATION OF REPORTS ON UNITED STATES ARMED
FORCES, CIVILIAN EMPLOYEES, AND CONTRACTORS
DEPLOYED IN SUPPORT OF OPERATION INHERENT
RESOLVE AND OPERATION FREEDOM'S SENTINEL.
(a) Reports Required.--Not later than 30 days after the
date of the enactment of this Act, and every 90 days
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report on United States
Armed Forces, Department of Defense civilian employees, and
Department of Defense contractor employees deployed in
support of Operation Inherent Resolve and Operation Freedom's
Sentinel.
(b) Elements.--Each report under subsection (a) shall
include the following:
(1) The total number of members of the United States Armed
Forces, set forth by Armed Force
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and component (whether regular, National Guard, or Reserve),
Department of Defense civilian employees, and Department of
Defense contractor employees deployed in support of Operation
Inherent Resolve and Operation Freedom's Sentinel for the
most recent month for which data is available.
(2) An estimate for the 3-month period following the date
on which the report is submitted of the total number of
members of the United States Armed Forces, set forth by Armed
Force and component (whether regular, National Guard, or
Reserve), Department civilian employees, and Department
contractor employees to be deployed in support of Operation
Inherent Resolve and Operation Freedom's Sentinel.
(3) A description of any limitations on the number of
United States Armed Forces, Department civilian employees,
and Department contractor employees deployed in support of
Operation Inherent Resolve and Operation Freedom's Sentinel.
(4) A description of military functions that are and are
not subject to the limitations described in paragraph (3).
(5) The total number of members of the United States Armed
Forces, set forth by Armed Force and component (whether
regular, National Guard, or Reserve), Department civilian
employees, and Department contractor employees deployed in
support of Operation Inherent Resolve or Operation Freedom's
Sentinel that are not subject to the limitations described in
paragraph (3) for the most recent month for which data is
available.
(6) Any changes to the limitations described in paragraph
(3), and the rationale for such changes.
(7) Any other matters the Secretary considers appropriate.
(c) Form.--If any report under subsection (a) is submitted
in classified form, such report shall be accompanied by an
unclassified summary that includes, at a minimum, the
information required by subsection (b)(1).
(d) Sunset.--The requirement to submit reports under this
section shall terminate on the earlier of--
(1) the date on which Operation Inherent Resolve and
Operation Freedom's Sentinel terminate, whichever is later;
or
(2) the date that is five years after the date of the
enactment of this Act.
(e) Repeal of Superseded Provision.--Section 1224 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1053) is repealed.
Subtitle G--Other Matters
SEC. 1281. MODIFICATION OF AVAILABILITY OF FUNDS IN SPECIAL
DEFENSE ACQUISITION FUND FOR PRECISION GUIDED
MUNITIONS.
(a) In General.--Section 114(c)(3) of title 10, United
States Code, is amended--
(1) by striking ``amount available'' and all that follows
through ``$500,000,000'' and inserting ``amount of obligation
authority available from the Special Defense Acquisition Fund
in any fiscal year after fiscal year 2017, 20 percent''; and
(2) by inserting after ``precision guided munitions'' the
following: ``, and associated support equipment and
services,''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2017.
SEC. 1282. USE OF FUNDS IN THE UNITED STATES FOR CERTAIN
UNITED STATES-ISRAEL ANTI-TUNNEL COOPERATION
ACTIVITIES.
(a) In General.--Section 1279(b) of the National Defense
Authorization Act for Fiscal Year 2016 (22 U.S.C. 8606(b)) is
amended by adding at the end the following new paragraph:
``(5) Use of certain amount for rdt&e in us.--Of the amount
provided by the United States in support under paragraph (1),
not less than 50 percent of such amount shall be used for
research, development, test, and evaluation activities in the
United States in connection with such support.''.
(b) Repeal of Superseded Limitation.--Section 1295 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2562) is amended by striking
subsection (c).
SEC. 1283. FOREIGN MILITARY SALES LETTERS OF REQUEST FOR
PRICING AND AVAILABILITY.
Before delivering a formal pricing and availability
response to a foreign customer with respect to a foreign
military sale, the Department of Defense implementing agency
shall consult with relevant United States commercial entities
that would be involved in the foreign military sale case. If
as a result of such consultation a commercial entity
determines that the pricing and availability factors being
developed by the implementing agency are not accurate, the
implementing agency and the commercial entity shall each
provide a justification with respect to the differences to
the Defense Security Cooperation Agency within 30 days of the
implementing agency being notified of such discrepancy.
SEC. 1284. SENSE OF CONGRESS ON REAFFIRMING STRATEGIC
PARTNERSHIPS AND ALLIES.
(a) Findings.--Congress makes the following findings:
(1) Since World War II, the United States has sought
partnership and cooperation in establishing a rules-based
international order which has resulted in one of the most
prosperous periods of human history.
(2) The United States is signatory to seven mutual defense
treaties with 56 different countries.
(3) One of the United States defense alliances is the 29-
nation-strong North Atlantic Treaty Organization (NATO) which
is celebrating its 68th anniversary.
(4) The United States has not faced a more diverse and
complex array of crises and threats, including the emergence
of competitors like Russia and China, increasingly unstable
threats from North Korea and Iran, and the continued threat
from transnational violent extremist groups like the Islamic
State and al-Qaeda.
(5) The strain of a decreased military budget has decreased
capability at precisely the time when demand for United
States military strength has increased.
(6) Fifteen years of continuous war has stymied military
modernization, focused training on asymmetrical warfare over
large-scale conflicts.
(7) Secretary of Defense James Mattis stated that
``alliances provide avenues for peace, fostering the
conditions for economic growth with countries that share the
same vision, while tempering the plans of those who would
attack other nations or try to impose their will over the
less powerful''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States is an ally rich nation and our
potential competitors--such as Russia, China, and North
Korea--are ally poor;
(2) United States allies and partners are critical to
defending peace and prosperity throughout the world;
(3) the rules-based international order supported by the
United States and its allies has ensured--and will continue
to promote--an international system that benefits all
nations;
(4) throughout the world, the United States will continue
to foster relationships with nations of like minds and
beliefs;
(5) as the United States manages multiple strategic
challenges, our enduring strength remains in alliances such
as the North Atlantic Treaty Organization; and
(6) the United States will continue to deepen alliances and
expand them, and will take no ally for granted.
SEC. 1285. SENSE OF CONGRESS ON CONSIDERATION OF IMPACT OF
MARINE DEBRIS IN TRADE AGREEMENTS.
Recognizing that the Senate unanimously agreed to S. 756,
an Act to reauthorize and amend the Marine Debris Act to
promote international action to reduce marine debris, and for
other purposes (commonly referred to as the ``Save Our Seas
Act of 2017'') on August 3, 2017, Congress encourages the
United States Trade Representative to consider the impact of
marine debris, particularly plastic waste, in relevant trade
agreements entered into or negotiated after the date of the
enactment of this Act.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
FUNDS.
(a) Fiscal Year 2018 Cooperative Threat Reduction Funds
Defined.--In this title, the term ``fiscal year 2018
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations
in section 301 and made available by the funding table in
section 4301 for the Department of Defense Cooperative Threat
Reduction Program established under section 1321 of the
Department of Defense Cooperative Threat Reduction Act (50
U.S.C. 3711).
(b) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 and made
available by the funding table in section 4301 for the
Department of Defense Cooperative Threat Reduction Program
shall be available for obligation for fiscal years 2018,
2019, and 2020.
SEC. 1302. FUNDING ALLOCATIONS.
Of the $324,600,000 authorized to be appropriated to the
Department of Defense for fiscal year 2018 in section 301 and
made available by the funding table in section 4301 for the
Department of Defense Cooperative Threat Reduction Program
established under section 1321 of the Department of Defense
Cooperative Threat Reduction Act (50 U.S.C. 3711), the
following amounts may be obligated for the purposes
specified:
(1) For strategic offensive arms elimination, $12,100,000.
(2) For chemical weapons destruction, $5,000,000.
(3) For global nuclear security, $17,900,000.
(4) For cooperative biological engagement, $172,800,000.
(5) For proliferation prevention, $89,800,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $27,000,000.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2018 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
[[Page S5968]]
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2018 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2018 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the Defense Health Program, as specified in the
funding table in section 4501, for use of the Armed Forces
and other activities and agencies of the Department of
Defense in providing for the health of eligible
beneficiaries.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS FROM AND
TO ACQUIRE ADDITIONAL MATERIALS FOR THE
NATIONAL DEFENSE STOCKPILE.
(a) Disposal Authority.--Pursuant to section 5(b) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98d(b)), the National Defense Stockpile Manager may dispose
of not more than 25 short tons of materials transferred from
another department or agency of the United States to the
National Defense Stockpile under section 4(b) of such Act (50
U.S.C. 98c(b)) that the National Defense Stockpile Manager
determines is no longer required from the stockpile.
(b) Acquisition Authority.--
(1) Authority.--Using funds available in the National
Defense Stockpile Transaction Fund, the National Defense
Stockpile Manager may acquire the following materials
determined to be strategic and critical materials required to
meet the defense, industrial, and essential civilian needs of
the United States:
(A) Electrolytic manganese metal.
(B) Antimony.
(2) Amount of authority.--The National Defense Stockpile
Manager may use up to $9,000,000 in the National Defense
Stockpile Transaction Fund for acquisition of the materials
specified in paragraph (1).
(3) Fiscal year limitation.--The authority under paragraph
(1) is available for purchases during fiscal year 2018
through fiscal year 2027.
Subtitle C--Chemical Demilitarization Matters
SEC. 1421. ACQUISITION REPORTING ON MAJOR CHEMICAL
DEMILITARIZATION PROGRAMS OF THE DEPARTMENT OF
DEFENSE.
(a) Reporting on Major Programs.--Acquisition reporting on
each major program within the chemical demilitarization
programs of the Department of Defense, including construction
in connection with such program, shall--
(1) comply with reporting guidelines for an Acquisition
Category 1 (ACAT 1) system; and
(2) be reported separately from acquisition reporting on
the other major program within the chemical demilitarization
programs of the Department of Defense.
(b) Major Program Within the Chemical Demilitarization
Programs of the Department of Defense Defined.--In this
section, the term ``major program within the chemical
demilitarization programs of the Department of Defense''
means each program as follows:
(1) Pueblo Chemical Agent Destruction Pilot Plant program,
Colorado.
(2) Blue Grass Chemical Agent Destruction Pilot Plant
program, Kentucky.
Subtitle D--Armed Forces Retirement Home
SEC. 1431. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2018 from the Armed Forces Retirement Home Trust Fund
the sum of $64,300,000 for the operation of the Armed Forces
Retirement Home.
SEC. 1432. ARMED FORCES RETIREMENT HOME MATTERS.
(a) Termination of Oversight Responsibilities of Under
Secretary of Defense for Personnel and Readiness.--
(1) Senior medical advisor.--Section 1513A of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 413a) is
amended--
(A) in subsection (b), by striking ``the Under Secretary of
Defense for Personnel and Readiness,'' in the matter
preceding paragraph (1); and
(B) in subsection (c)(4), by striking ``the Under Secretary
of Defense for Personnel and Readiness'' and inserting ``the
Secretary of Defense''.
(2) Ombudsmen.--Section 1517(e)(2) of such Act (24 U.S.C.
417(e)(2)) is amended by striking ``the Under Secretary of
Defense for Personnel and Readiness'' and inserting ``the
Secretary of Defense''.
(3) Inspections.--Section 1518 of such Act (24 U.S.C. 418)
is amended--
(A) in subsection (c)(1), by striking ``the Under Secretary
of Defense for Personnel and Readiness,''; and
(B) in subsection (e)(1), by striking ``the Under Secretary
of Defense for Personnel and Readiness'' and inserting ``the
Secretary of Defense''.
(b) Advisory Council.--Section 1516 of such Act (24 U.S.C.
416) is amended--
(1) in subsection (c)(1), by striking ``15 members,'' and
all that follows and inserting ``15 members.''; and
(2) in subsection (f)(1), by striking ``shall'' and
inserting ``may''.
(c) Administrators.--Section 1517(b) of such Act (24 U.S.C.
417(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) serve at the pleasure of the Secretary of Defense.''.
Subtitle E--Other Matters
SEC. 1441. 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.
(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated by section 1405 and available
for the Defense Health Program for operation and maintenance,
$115,500,000 may be transferred by the Secretary of Defense
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund established by
subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571). For purposes of subsection (a)(2) of such
section 1704, any funds so transferred shall be treated as
amounts authorized and appropriated specifically for the
purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of
subsection (b) of such section 1704, facility operations for
which funds transferred under subsection (a) may be used are
operations of the Captain James A. Lovell Federal Health Care
Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal
medical facility under an operational agreement covered by
section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4500).
SEC. 1442. ENHANCEMENT OF DATABASE OF EMERGENCY RESPONSE
CAPABILITIES OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Section 1406 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2436; 10 U.S.C. 113 note) is amended--
(1) by striking ``The Secretary of Defense shall maintain''
and inserting the following:
``(a) In General.--The Secretary of Defense shall establish
and maintain''; and
(2) in paragraph (2)--
(A) by inserting ``(including cyber capabilities)'' after
``emergency response capabilities''; and
(B) by inserting ``(including units of the National Guard
and Reserves)'' after ``identification of the units''.
(b) Information Required To Keep Database Current.--Such
section is further amended by adding at the end the following
new subsection:
``(b) Information Required To Keep Database Current.--In
implementing and maintaining the database required by
subsection (a), the Secretary shall identify and revise the
information required to be included in the database at least
once every two years for purposes of keeping the database
current.''.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
SEC. 1501. PURPOSE.
The purpose of this subtitle is to authorize appropriations
for the Department of Defense for fiscal year 2018 to provide
additional funds for overseas contingency operations being
carried out by the Armed Forces.
SEC. 1502. OVERSEAS CONTINGENCY OPERATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the Department of Defense for overseas
contingency operations in such amounts as may be designated
as provided in section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
SEC. 1503. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for procurement accounts for the Army, the Navy and
the Marine Corps, the Air Force, and Defense-wide activities,
as specified in the funding table in section 4102.
SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4202.
SEC. 1505. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4302.
SEC. 1506. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel,
as specified in the funding table in section 4402.
SEC. 1507. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the use of the Armed Forces and other
activities and agencies
[[Page S5969]]
of the Department of Defense for providing capital for
working capital and revolving funds, as specified in the
funding table in section 4502.
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2018 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4502.
SEC. 1509. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2018 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4502.
SEC. 1510. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2018 for expenses, not
otherwise provided for, for the Defense Health Program, as
specified in the funding table in section 4502.
Subtitle B--Financial Matters
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be
appropriated by this Act.
SEC. 1522. SPECIAL 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 title for fiscal year 2018 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $3,500,000,000.
(b) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as
transfers under section 1001.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.
Subtitle C--Other Matters
SEC. 1531. AFGHANISTAN SECURITY FORCES FUND.
(a) Continuation of Prior Authorities and Notice and
Reporting Requirements.--Funds available to the Department of
Defense for the Afghanistan Security Forces Fund for fiscal
year 2018 shall be subject to the conditions contained in
subsections (b) through (g) of section 1513 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 428), as amended by section 1531(b) of the
Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 124 Stat. 4424).
(b) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to paragraph
(2), the Secretary of Defense may accept equipment that is
procured using amounts in the Afghanistan Security Forces
Fund authorized under this Act and is intended for transfer
to the security forces of Afghanistan, but is not accepted by
such security forces.
(2) Conditions on acceptance of equipment.--Before
accepting any equipment under the authority provided by
paragraph (1), the Commander of United States forces in
Afghanistan shall make a determination that the equipment was
procured for the purpose of meeting requirements of the
security forces of Afghanistan, as agreed to by both the
Government of Afghanistan and the United States, but is no
longer required by such security forces or was damaged before
transfer to such security forces.
(3) Elements of determination.--In making a determination
under paragraph (2) regarding equipment, the Commander of
United States forces in Afghanistan shall consider
alternatives to Secretary of Defense acceptance of the
equipment. An explanation of each determination, including
the basis for the determination and the alternatives
considered, shall be included in the relevant quarterly
report required under paragraph (5).
(4) Treatment as department of defense stocks.--Equipment
accepted under the authority provided by paragraph (1) may be
treated as stocks of the Department of Defense upon
notification to the congressional defense committees of such
treatment.
(5) Quarterly reports on equipment disposition.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act and every 90-day period thereafter
during which the authority provided by paragraph (1) is
exercised, the Secretary of Defense shall submit to the
congressional defense committees a report describing the
equipment accepted during the period covered by such report
under the following:
(i) This subsection.
(ii) Section 1521(b) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2575).
(iii) Section 1531(b) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1088).
(iv) Section 1532(b) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3613).
(v) Section 1531(d) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 938;
10 U.S.C. 2302 note).
(B) Elements.--Each report under subparagraph (A) shall
include a list of all equipment that was accepted during the
period covered by the report and treated as stocks of the
Department of Defense and copies of the determinations made
under paragraph (2), as required by paragraph (3).
(c) Security of Afghan Women.--
(1) In general.--Of the funds available to the Department
of Defense for the Afghan Security Forces Fund for fiscal
year 2018, it is the goal that $25,000,000, but in no event
less than $10,000,000, shall be used for--
(A) the recruitment, integration, retention, training, and
treatment of women in the Afghan National Defense and
Security Forces; and
(B) the recruitment, training, and contracting of female
security personnel for future elections.
(2) Types of programs and activities.--Such programs and
activities may include--
(A) efforts to recruit women into the Afghan National
Defense and Security Forces, including the special operations
forces;
(B) programs and activities of the Afghan Ministry of
Defense Directorate of Human Rights and Gender Integration
and the Afghan Ministry of Interior Office of Human Rights,
Gender and Child Rights;
(C) development and dissemination of gender and human
rights educational and training materials and programs within
the Afghan Ministry of Defense and the Afghan Ministry of
Interior;
(D) efforts to address harassment and violence against
women within the Afghan National Defense and Security Forces;
(E) improvements to infrastructure that address the
requirements of women serving in the Afghan National Defense
and Security Forces, including appropriate equipment for
female security and police forces, and transportation for
policewomen to their station;
(F) support for Afghanistan National Police Family Response
Units; and
(G) security provisions for high-profile female police and
army officers.
(d) Inspector General Oversight of Fund.--
(1) Quality standards for ig products.--Except as provided
in paragraph (3), each product published or issued by an
Inspector General relating to the oversight of programs and
activities funded under the Afghanistan Security Forces Fund
shall be prepared--
(A) in accordance with the Generally Accepted Government
Auditing Standards/Government Auditing Standards (GAGAS/GAS),
as issued and updated by the Government Accountability
Office; or
(B) if not prepared in accordance with the standards
referred to in subparagraph (A), in accordance with the
Quality Standards for Inspection and Evaluation issued by the
Council of the Inspectors General on Integrity and Efficiency
(commonly referred to as the ``CIGIE Blue Book'').
(2) Specification of quality standards followed.--Each
product published or issued by an Inspector General relating
to the oversight of programs and activities funded under the
Afghanistan Security Forces Fund shall cite within such
product the quality standards followed in conducting and
reporting the work concerned.
(3) Waiver.--The Lead Inspector General for Operation
Freedom's Sentinel may waive the applicability of paragraph
(1) to a specific product relating to the oversight by an
Inspector General of activities and programs funded under the
Afghanistan Security Forces Fund if the Lead Inspector
General determines that the waiver would facilitate timely
efforts to promote efficiency and effectiveness and prevent,
detect, and deter fraud, waste, and abuse. Any product
published or issued pursuant to a waiver under this paragraph
shall include a statement that work for such product was not
conducted in accordance with the standards referred to in
paragraph (1) and an explanation why such standards were not
employed.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
SEC. 1601. AIR FORCE SPACE COMMAND.
(a) In General.--Chapter 135 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2279c. Air Force Space Command
``(a) In General.--The head of the Air Force Space Command
shall be the Commander of the Air Force Space Command, who
shall be appointed in accordance with section 601 of this
title.
``(b) Term.--The Commander shall be appointed to serve a
term of six years, and the Secretary of Defense may--
``(1) terminate, or propose to extend for a period of four
years, the term of the appointment of the Commander; or
``(2) propose to promote the individual serving as the
Commander during that term of appointment.''.
(b) Clerical Amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 2279b the following new item:
``2279c. Air Force Space Command.''.
SEC. 1602. AIR FORCE SPACE CONTRACTOR RESPONSIBILITY WATCH
LIST.
(a) In General.--The Commander of the Air Force Space and
Missile Systems Center shall establish and maintain a watch
list of contractors with a history of poor performance on
space procurement or research, development, test, and
evaluation program contracts.
(b) Basis for Inclusion on List.--
(1) In general.--The Commander of the Air Force Space and
Missile Systems Center may place a contractor on the watch
list established under subsection (a) upon determining that
the ability of the contractor to perform Air Force space
contracts has been called into question by any of the
following issues:
[[Page S5970]]
(A) Poor performance or award fee scores below 50 percent.
(B) Financial concerns.
(C) Felony convictions or civil judgements.
(D) Security or foreign ownership and control issues.
(2) Discretion of the commander.--The Commander of the Air
Force Space and Missile Systems Center shall be responsible
for determining which contractors to place on the watch list,
whether an entire company or a specific division should be
included, and when to remove a contractor from the list.
(c) Effect of Listing.--
(1) Prime contracts.--The Air Force Space and Missile
Systems Center may not solicit an offer from, award a
contract to, execute an engineering change proposal with, or
exercise an option on any Air Force space program with a
contractor included on the list established under subsection
(a) without the prior approval of the Commander of the Air
Force Space and Missile Systems Center.
(2) Subcontracts.--A prime contractor on a Air Force Space
and Missile Systems Center contract may not enter into a
subcontract valued in excess of $3,000,000 or 5 percent of
the prime contract value with a contractor included on the
watch list established under subsection (a) without the prior
approval of the Commander of the Air Force Space and Missile
Systems Center.
(d) Request for Removal From List.--A contractor may submit
to the Commander a written request for removal from the watch
list, including evidence that the contractor has resolved the
issue that was the basis for inclusion on the list.
(e) Rule of Construction.--Nothing in this section shall be
construed as preventing the suspension or debarment of a
contractor, but inclusion on the watch list shall not be
construed as a punitive measure or de facto suspension or
debarment of a contractor.
SEC. 1603. PRESIDENTIAL NATIONAL VOICE CONFERENCING SYSTEM.
(a) Consolidation of Elements.--Not later than one year
after the date of the enactment of this Act, all program
elements and funding for the Presidential National Voice
Conferencing System (PNVC) shall be transferred to the
Program Executive Office with responsibility for the
Presidential National Voice Conferencing System.
(b) Acquisition Reporting.--Commencing not later than one
year after the date of the enactment of this Act, any
reporting on the acquisition of the Presidential National
Voice Conferencing System shall comply with reporting
guidelines for an Acquisition Category 1 (ACAT 1) system.
SEC. 1604. LIMITATION ON USE OF FUNDS FOR DELTA IV LAUNCH
VEHICLE.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2018 or any
fiscal year thereafter for the Air Force may be obligated to
maintain infrastructure, system engineering, critical skills,
base and range support, depreciation, or sustainment
commodities for the Delta IV launch vehicle until the date on
which the Secretary of the Air Force submits to the
congressional defense committees a certification that the Air
Force plans to launch a satellite procured by the Air Force
on a Delta IV launch vehicle during the 3-year period
beginning on the date of the certification.
SEC. 1605. POLICY OF THE UNITED STATES WITH RESPECT TO
CLASSIFICATION OF SPACE AS A COMBAT DOMAIN.
(a) In General.--It is the policy of the United States to
develop, produce, field, and maintain an integrated system of
assets in response to the increasingly contested nature of
the space operating domain to--
(1) ensure the resiliency of capabilities at every level of
orbit in space;
(2) deter or deny an attack on capabilities at every level
of orbit in space; and
(3) defend the territory of the United States, its allies,
and its deployed forces across all operating domains.
(b) Implementation.--The United States shall implement the
policy set forth in subsection (a)--
(1) in accordance with the laws of the United States and
the obligations of the United States under international
agreements; and
(2) with appropriate consultation, cooperation, and
coproduction of assets with allies and partners of the United
States.
SEC. 1606. LAUNCH SUPPORT AND INFRASTRUCTURE MODERNIZATION.
(a) In General.--In support of the policy outlined in
section 2273 of title 10, United States Code, the Secretary
of Defense shall carry out a program to modernize
infrastructure and improve support activities for processing
and launch of United States national security space vehicles
launching from Federal ranges.
(b) Elements.--The program required by this section shall
include--
(1) investments in infrastructure to improve operations at
the Eastern and Western Ranges that may benefit all users, to
enhance the overall capabilities of ranges, to improve
safety, and to reduce the long term cost of operations and
maintenance;
(2) measures to normalize processes, systems, and products
across the Eastern and Western ranges to minimize the burden
on launch providers; and
(3) improvements in transparency, flexibility, and,
responsiveness for launch scheduling.
(c) Consultation.--In carrying out this program, the
Secretary should consult with current and anticipated users
of the Eastern and Western ranges.
(d) Cooperation.--In carrying out this section, the
Secretary should consider partnerships authorized under
section 2276 of title 10, United States Code.
(e) Report.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary shall submit
to the congressional defense committees a report on the plan
for the implementation of the launch support and
infrastructure modernization program.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a description of plans and the resources needed to
improve launch support infrastructure, utilities, support
equipment, and range operations;
(B) a description of plans to streamline and normalize
processes, systems, and products at the Eastern and Western
ranges, to ensure consistency for range users; and
(C) recommendations for improving transparency,
flexibility, and responsiveness in launch scheduling.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1611. EXTENSION OF AUTHORITY TO ENGAGE IN COMMERCIAL
ACTIVITIES AS SECURITY FOR INTELLIGENCE
COLLECTION ACTIVITIES.
The second sentence of section 431(a) of title 10, United
States Code, is amended by striking ``December 31, 2017'' and
inserting ``December 31, 2020''.
SEC. 1612. CONSIDERATION OF SERVICE BY RECIPIENTS OF BOREN
SCHOLARSHIPS AND FELLOWSHIPS IN EXCEPTED
SERVICE POSITIONS AS SERVICE BY SUCH RECIPIENTS
UNDER CAREER APPOINTMENTS FOR PURPOSES OF
CAREER TENURE.
Section 802(k) of the David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1902(k)) is amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) in paragraph (2), in the matter before subparagraph
(A), by striking ``(3)(C)'' and inserting ``(4)(C)''; and
(3) by inserting after paragraph (2) the following:
``(3) Career tenure.--In the case of an individual whose
appointment to a position in the excepted service is
converted to a career or career- conditional appointment
under paragraph (1)(B), the period of service described in
such paragraph shall be treated, for purposes of the service
requirements for career tenure under title 5, United States
Code, as if it were service in a position under a career or
career- conditional appointment.''.
Subtitle C--Cyber Warfare, Cybersecurity, and Related Matters
SEC. 1621. POLICY OF THE UNITED STATES ON CYBERSPACE,
CYBERSECURITY, AND CYBER WARFARE.
(a) In General.--It shall be the policy of the United
States, with respect to matters pertaining to cyberspace,
cybersecurity, and cyber warfare, that the United States
should employ all instruments of national power, including
the use of offensive cyber capabilities, to deter if
possible, and respond when necessary, to any and all cyber
attacks or other malicious cyber activities that target
United States interests with the intent to--
(1) cause casualties among United States persons or persons
of our allies;
(2) significantly disrupt the normal functioning of United
States democratic society or government (including attacks
against critical infrastructure that could damage systems
used to provide key services to the public or government);
(3) threaten the command and control of the United States
Armed Forces, the freedom of maneuver of the United States
Armed Forces, or the industrial base or other infrastructure
on which the United States Armed Forces rely to defend United
States interests and commitments; or
(4) achieve an effect, whether individually or in
aggregate, comparable to an armed attack or imperil a vital
interest of the United States.
(b) Response Options.--In carrying out the policy set forth
in subsection (a), the United States shall plan, develop, and
demonstrate response options to address the full range of
potential cyber attacks on United States interests that could
be conducted by potential adversaries of the United States.
(c) Denial Options.--In carrying out the policy set forth
in subsection (a) through response options developed pursuant
to subsection (b), the United States shall, to the greatest
extent practicable, prioritize the defensibility and
resiliency against cyber attacks and malicious cyber
activities described in subsection (a) of infrastructure
critical to the political integrity, economic security, and
national security of the United States.
(d) Cost-imposition Options.--In carrying out the policy
set forth in subsection (a) through response options
developed pursuant to subsection (b), the United States shall
develop and demonstrate, or otherwise make known to
adversaries of the existence of, cyber capabilities to impose
costs on any foreign power targeting the United States or
United States persons with a cyber attack or malicious cyber
activity described in subsection (a).
(e) Multi-prong Response.--In carrying out the policy set
forth in subsection (a) through response options developed
pursuant to subsection (b), the United States shall--
(1) devote immediate and sustained attention to boosting
the cyber resilience of critical United States strike systems
(including cyber, nuclear, and non-nuclear systems) in order
to ensure the United States can credibly threaten to impose
unacceptable costs in response to even the most sophisticated
large-scale cyber attack;
(2) develop offensive cyber capabilities and specific plans
and strategies to put at risk targets most valued by
adversaries of the United States and their key decision
makers;
[[Page S5971]]
(3) enhance attribution capabilities to reduce the time
required to positively attribute an attack with high
confidence; and
(4) develop intelligence and offensive cyber capabilities
to detect, disrupt, and potentially expose malicious cyber
activities.
(f) Policies Relating to Offensive Cyber Capabilities and
Sovereignty.--It is the policy of the United States that,
when a cyber attack or malicious cyber activity transits or
otherwise relies upon the networks or infrastructure of a
third country--
(1) the United States shall, to the greatest extent
practicable, notify and encourage the government of that
country to take action to eliminate the threat; and
(2) if the government is unable or unwilling to take
action, the United States reserves the right to act
unilaterally (with the consent of that government if
possible, but without such consent if necessary).
(g) Authority of Secretary of Defense.--
(1) In general.--The Secretary of Defense has the authority
to develop, prepare, coordinate, and, when appropriately
authorized to do so, conduct military cyber operations in
response to cyber attacks and malicious cyber activities
described in subsection (a) that are carried out against the
United States or United States persons by a foreign power.
(2) Delegation of additional authorities.--The Secretary
may delegate to the Commander of the United States Cyber
Command such authorities of the Secretaries of the military
departments, including authorities relating to manning,
training, and equipping, that the Secretary considers
appropriate.
(3) Use of delegated authorities.--The use by the Commander
of the United States Cyber Command of any authority delegated
to the Commander pursuant to this subsection shall be subject
to the authority, direction, and control of the Secretary.
(4) Rule of construction.--Nothing in this subsection shall
be construed to limit the authority of the President or
Congress to authorize the use of military force.
(h) Foreign Power Defined.--In this section, the term
``foreign power'' has the meaning given that term in section
101 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801).
SEC. 1622. CYBER POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to
clarify United States cyber deterrence policy and strategy
for the near term, the Secretary of Defense shall conduct a
comprehensive review of the cyber posture of the United
States for the next 5 to 10 years. The Secretary shall
conduct the review in consultation with the Director of
National Intelligence, the Attorney General, the Secretary of
the Department of Homeland Security, and the Secretary of
State.
(b) Elements of Review.--The cyber posture review shall
include the following elements:
(1) The role of cyber forces in United States military
strategy, planning, and programming.
(2) A declaratory policy relating to United States
responses to cyber attack and use of offensive cyber
capabilities, guidance for the employment of offensive cyber
capabilities, a public affairs plan, and an engagement plan
for adversaries and allies.
(3) Proposed norms for the conduct of offensive cyber
operations in crisis and conflict.
(4) Guidance for the development of cyber deterrence
campaign plans focused on key leadership of Russia, China,
Iran, North Korea, and any other country the Secretary
determines appropriate.
(5) Examination through analysis and gaming of escalation
dynamics in various scenarios, as well as the spiral
escalatory effects of countries developing increasingly
potent offensive cyber capabilities, and what steps should be
undertaken to bolster stability in cyberspace and more
broadly stability between major powers.
(6) A certification of whether sufficient personnel are
trained and equipped to meet validated cyber requirements.
(7) Such other matters as the Secretary considers
appropriate.
(c) Report to Congress.--Not later than March 1, 2018, the
Secretary of Defense shall submit to Congress, in
unclassified and classified forms as necessary, a report on
the results of the cyber posture review conducted under this
section.
(d) Sense of Congress.--It is the sense of Congress that
the United States should respond to all cyber attacks and to
all significant cyber intrusions by imposing costs on those
responsible that exceed any benefit that the attacker or
intruder may have hoped to gain.
SEC. 1623. MODIFICATION AND CLARIFICATION OF REQUIREMENTS AND
AUTHORITIES RELATING TO ESTABLISHMENT OF
UNIFIED COMBATANT COMMAND FOR CYBER OPERATIONS.
(a) Deadline for Establishment.--Before the Cyber Mission
Force reaches full operational capability, the President
shall establish the unified combatant command for cyber
operations forces pursuant to section 167b(a) of title 10,
United State Code.
(b) Clarification of Functions.--Subsection (a) of section
167b of title 10, United States Code, is amended--
(1) by striking the second sentence;
(2) by inserting ``(1)'' before ``With the''; and
(3) by adding at the end the following new paragraph:
``(2) The principal functions of the cyber command are as
follows:
``(A) To execute cyber operations.
``(B) To prepare cyber operations forces to carry out
assigned missions.''.
(c) Modification of Assignment of Forces.--Subsection (b)
of such section is amended by striking ``stationed in the
United States''.
(d) Modification of Command of Activity or Mission.--
Subsection (d) of such section is amended to read as follows:
``(d) Command of Activity or Mission.--The commander of the
cyber command shall execute and exercise command of
cyberspace operations and coordinate with the affected
commanders of the unified combatant commands, unless
otherwise directed by the President or the Secretary of
Defense.''.
(e) Modification of Authority of Combatant Commander.--
Subsection (e)(2)(A) of such section is amended--
(1) in clause (iii)--
(A) in subclause (I), by striking ``and'' at the end;
(B) in subclause (II), by striking ``assigned to unified
combatant commands'';
(C) by redesignating subclause (II) as subclause (III); and
(D) by inserting after subclause (I) the following new
subclause (II):
``(II) for development and acquisition of joint cyber
capabilities; and'';
(2) in clause (iv), by striking ``joint'' and inserting
``cyber operations''; and
(3) in clause (v), by striking ``commissioned and
noncommissioned officers'' and inserting ``cyber operations
forces''.
SEC. 1624. ANNUAL ASSESSMENT OF CYBER RESILIENCY OF NUCLEAR
COMMAND AND CONTROL SYSTEM.
(a) In General.--Chapter 24 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 499. Annual assessment of cyber resiliency of nuclear
command and control system
``(a) In General.--Not less frequently than annually, the
Commander of the United States Strategic Command and the
Commander of the United States Cyber Command (in this section
referred to collectively as the `Commanders') shall jointly
conduct an assessment of the cyber resiliency of the nuclear
command and control system.
``(b) Elements.--In conducting the assessment required by
subsection (a), the Commanders shall--
``(1) conduct an assessment of the sufficiency and
resiliency of the nuclear command and control system to
operate through a cyber attack from the Russian Federation,
the People's Republic of China, or any other country or
entity the Commanders identify as a potential threat; and
``(2) develop recommendations for mitigating any concerns
of the Commanders resulting from the assessment.
``(c) Report Required.--(1) The Commanders shall jointly
submit to the Chairman of the Joint Chiefs of Staff, for
submission to the Council on Oversight of the National
Leadership Command, Control, and Communications System
established under section 171a of this title (in this section
referred to as the `Council'), a report on the assessment
required by subsection (a) that includes the following:
``(A) The recommendations developed under subsection
(b)(2).
``(B) A statement of the degree of confidence of each of
the Commanders in the mission assurance of the nuclear
deterrent against a top tier cyber threat.
``(C) A detailed description of the approach used to
conduct the assessment required by subsection (a) and the
technical basis of conclusions reached in conducting that
assessment.
``(D) Any other comments of the Commanders.
``(2) The Council shall submit to the Secretary of Defense
the report required by paragraph (1) and any comments of the
Council on the report.
``(3) The Secretary of Defense shall submit to the
congressional defense committees the report required by
paragraph (1), any comments of the Council on the report
under paragraph (2), and any comments of the Secretary on the
report.
``(d) Termination.--This section shall terminate on the
date that is 10 years after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2018.''.
(b) Clerical Amendment.--The table of sections for chapter
24 of such title is amended by inserting after the item
relating to section 498 the following new item:
``499. Annual assessment of cyber resiliency of nuclear command and
control system.''.
SEC. 1625. STRATEGIC CYBERSECURITY PROGRAM.
(a) In General.--The Secretary of Defense shall establish a
program to be known as the ``Strategic Cybersecurity
Program'' or ``SCP'' (in this section referred to as the
``Program'').
(b) Elements.--The Program shall be comprised of personnel
assigned to the Program by the Secretary from among
personnel, including regular and reserve members of the Armed
Forces, civilian employees of the Department, and personnel
of the research laboratories of the Department of Defense and
the Department of Energy, who have particular expertise in
the responsibility to be discharged by the Program. Any
personnel assigned to the Program from among personnel of the
Department of Energy shall be so assigned with the
concurrence of the Secretary of Energy.
(c) Responsibility.--
(1) In general.--The responsibility of the Program shall be
to carry out activities (commonly referred to as ``red-
teaming'') to continuously assess the information assurance
and improve the overall effectiveness of the following of the
United States Government:
(A) Offensive cyber systems.
(B) Long-range strike systems.
(C) Nuclear deterrent systems.
(D) National security systems.
(E) Critical infrastructure of the Department of Defense
(as that term is defined in section 1650(f)(1) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-329)).
[[Page S5972]]
(2) Scope of responsibility.--In carrying out its
activities, the Program shall carry out appropriate reviews
of current systems and infrastructure and acquisition plans
for proposed systems and infrastructure. The review of an
acquisition plan for any proposed system or infrastructure
shall be carried out before Milestone B approval for such
system or infrastructure.
(3) Results of reviews.--The results of each review carried
out by the Program pursuant to paragraph (2), including any
remedial action recommended by the Program pursuant to such
review, shall be made available to any agencies or
organizations of the Department involved in the development,
procurement, operation, or maintenance of the system or
infrastructure concerned.
(d) Reports.--The Director of the National Security Agency
shall submit to the Secretary of Defense and the
congressional defense committees on a quarterly basis a
report on the activities of the Program during the preceding
calendar quarter. Each report shall include the following:
(1) A description of the activities of the Program during
the calendar quarter covered by such report.
(2) A description of particular challenges encountered in
the course of the activities of the Program during such
calendar quarter, and of actions taken to address such
challenges.
(3) A description of the current plans of the Program for
additional activities.
(e) Funding.--Of the amount authorized to be appropriated
for fiscal year 2018 for operation and maintenance, Defense-
wide, by section 301 and available for the Information
Systems Security Program as specified in the funding table in
section 4301, up to $100,000,000 may be available for the
Strategic Cybersecurity Program and its activities in fiscal
year 2018.
(f) Sense of Congress.--It is the sense of Congress that
the activities conducted under the Program should address the
most critical systems of the Department of Defense and should
supplement, not supplant, the Cyber Protection Teams of the
Department of Defense.
SEC. 1626. EVALUATION OF AGILE ACQUISITION OF CYBER TOOLS AND
APPLICATIONS.
(a) Evaluation Required.--The Commander of the United
States Cyber Command shall conduct an evaluation of
alternative methods for developing, acquiring, and
maintaining software-based cyber tools and applications for
the United States Cyber Command, the Army Cyber Command, the
Fleet Cyber Command, the Air Forces Cyber Command, and the
Marine Corps Cyberspace Command.
(b) Goal.--The goal of the evaluation required by
subsection (a) is to identify a set of practices that will--
(1) increase the speed of development of cyber capabilities
of the Armed Forces;
(2) provide more effective tools and capabilities for
developing, acquiring, and maintaining cyber tools and
applications; and
(3) create a repeatable, disciplined process for
developing, acquiring, and maintaining cyber tools and
applications whereby progress and success or failure can be
continuously measured.
(c) Consideration of Agile Software Development, Agile
Acquisition, and Other Best Practices.--
(1) In general.--The evaluation required by subsection (a)
shall include consideration of agile software development,
agile acquisition, and such other similar best practices of
commercial industry.
(2) Considerations.--In carrying out the evaluation
required by subsection (a), the Commander shall assess
requirements for implementing the practices described in
paragraph (1), consider changes that would be necessary to
established acquisition practices, including the following:
(A) The requirements process.
(B) Contracting.
(C) Testing.
(D) User involvement in the development process.
(E) Program management.
(F) Milestone reviews and approvals.
(G) The definitions of ``research and development'',
``procurement'', and ``sustainment''.
(H) The constraints of current appropriations account
definitions.
(d) Assessment of Training and Education Requirements.--In
carrying out the evaluation required by subsection (a), the
Commander shall assess training and education requirements
for personnel in all areas and at all levels of management
relevant to the successful adoption of new acquisition models
and methods for developing, acquiring, and maintaining cyber
tools and applications as described in such subsection.
(e) Services and Expertise.--In conducting the evaluation
required by subsection (a), the Commander shall--
(1) obtain services and expertise from--
(A) the Defense Digital Service; and
(B) federally funded research and development centers, such
as the Software Engineering Institute and the MITRE
Corporation; and
(2) consult with such commercial software companies as the
Commander considers appropriate to learn about commercial
best practices.
(f) Recommendations.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Commander shall submit to the
Secretary of Defense recommendations for experimenting with
or adopting new acquisition methods, including all aspects of
implementation necessary for the success of the recommended
methods.
(2) Congressional briefing.--Not later than 14 days after
submitting recommendations to the Secretary under paragraph
(1), the Commander shall brief the congressional defense
committees on the recommendations the Commander submitted
under paragraph (1).
(g) Preservation of Existing Authority.--The evaluation
required under subsection (a) is intended to inform future
acquisition approaches. Nothing in this section shall be
construed to limit or impede the exercising of the
acquisition authority of the Commander of United States Cyber
Command under section 807 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2224 note).
(h) Definitions.--In this section:
(1) The term ``agile acquisition'' means acquisition
pursuant to a methodology for delivering multiple, rapid,
incremental capabilities to the user for operational use,
evaluation, and feedback. The incremental development and
fielding of capabilities, commonly called ``spirals'',
``spins'', or ``sprints'', can be measured in a few weeks or
months, and involve continuous participation and
collaboration by users, testers, and requirements
authorities.
(2) The term ``agile development'' means development
pursuant to a set of software development methodologies based
on iterative development, in which requirements and solutions
evolve through collaboration between self-organizing cross-
functional teams.
SEC. 1627. REPORT ON COST IMPLICATIONS OF TERMINATING DUAL-
HAT ARRANGEMENT FOR COMMANDER OF UNITED STATES
CYBER COMMAND.
Not later than 90 days after the date of the enactment of
this Act, the Commander of the United States Cyber Command
shall submit to the congressional defense committees a report
that identifies the costs that would be implicated by meeting
the conditions set forth in section 1642(b)(2)(C) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328).
SEC. 1628. MODIFICATION OF INFORMATION ASSURANCE SCHOLARSHIP
PROGRAM.
(a) Designation of Program.--Section 2200a of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(h) Designation of Program.--A program under which the
Secretary provides financial assistance under subsection (a)
shall be known as the `Department of Defense Cybersecurity
Scholarship Program'.''.
(b) Allocation of Funding.--Subsection (f) of such section
is amended--
(1) by inserting ``(1)'' before ``Not less''; and
(2) by adding at the end the following new paragraph:
``(2) Not less than five percent of the amount available
for financial assistance under this section for a fiscal year
shall be available for providing financial assistance for the
pursuit of an associate degree.''.
(c) Reinvigoration Plan Required.--Not later than September
30, 2018, the Secretary of Defense shall submit to the
congressional defense committees a plan for reinvigorating
the Department of Defense Cyber Scholarship Program
authorized under section 2200a of such title, as amended by
subsections (a) and (b).
SEC. 1629. MEASURING COMPLIANCE OF COMPONENTS OF DEPARTMENT
OF DEFENSE WITH CYBERSECURITY REQUIREMENTS FOR
SECURING INDUSTRIAL CONTROL SYSTEMS.
(a) In General.--The Secretary of Defense shall make such
changes to the scorecard as are necessary to ensure that the
Secretary measures each component of the Department of
Defense in its progress towards securing the industrial
control systems of the Department against cyber threats,
including supervisory control and data acquisition systems
(SCADA), distributed control systems (DCS), programmable
logic controllers (PLC), and platform information technology
(PIT).
(b) Scorecard Defined.--In this section, the term
``scorecard'' means the Department of Defense Cyber Scorecard
for the measuring of the performance of components of the
Department against basic cybersecurity requirements as
outlined in the Department of Defense Cybersecurity
Discipline Implementation Plan.
SEC. 1630. EXERCISE ON ASSESSING CYBERSECURITY SUPPORT TO
ELECTION SYSTEMS OF STATES.
(a) Inclusion of Cyber Vulnerabilities in Election Systems
in Cyber Guard Exercises.--The Secretary of Defense shall
incorporate the cybersecurity of elections systems of the
States as a component of the Cyber Guard Exercise.
(b) Report on Best Practices.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report on the capabilities, readiness, and best practices
of the National Guard to assist the Governors, if called
upon, to defend elections systems from cyberattacks.
SEC. 1630A. REPORT ON VARIOUS APPROACHES TO CYBER DETERRENCE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
various approaches to cyber deterrence.
(b) Contents.--The report required by subsection (a) shall
include the following:
(1) Identification, definition, and explanation of the
various theoretical approaches to cyber deterrence.
(2) An assessment of the relative strengths and weaknesses
of each of such approaches relative to the threat and
relative to one another.
(3) A recommendation for a cyber deterrence theory and
doctrine for the Armed Forces.
(4) An alternative analysis or dissenting view of the
recommendation included under paragraph (3) that explains the
weaknesses of the recommended theory and doctrine and offers
an alternative theory or doctrine.
(c) Consultation.--In preparing the report required by
subsection (a), the Secretary shall consult with experts from
the Government, industry, and academia.
[[Page S5973]]
SEC. 1630B. PROHIBITION ON USE OF SOFTWARE PLATFORMS
DEVELOPED BY KASPERSKY LAB.
(a) Prohibition.--No department, agency, organization, or
other element of the Department of Defense may use, whether
directly or through work with or on behalf of another
organization or element of the Department or another
department or agency of the United States Government, any
software platform developed, in whole or in part, by
Kaspersky Lab or any entity of which Kaspersky Lab has a
majority ownership.
(b) Severance of Network Connections.--The Secretary of
Defense shall ensure that any network connection between a
department, agency, organization, or other element of the
Department of Defense and a department or agency of the
United States Government that is using or hosting on its
networks a software platform described in subsection (a) is
immediately severed.
(c) Effective Date.--This section shall take effect on
October 1, 2018.
SEC. 1630C. REPORT ON CYBER APPLICATIONS OF BLOCKCHAIN
TECHNOLOGY.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
in consultation with the heads of such other agencies and
departments as the Secretary considers appropriate, shall
submit to the appropriate committees of Congress a report on
the potential offensive and defensive cyber applications of
blockchain technology and other distributed database
technologies and an assessment of efforts by foreign powers,
extremist organizations, and criminal networks to utilize
these technologies. Such report shall also include an
assessment of the use or planned use of blockchain
technologies by the United States Government or critical
infrastructure networks and the vulnerabilities of such
networks to cyber attacks.
(b) Form of Report.--The report required by (a) may be
submitted--
(1) in classified form; or
(2) in unclassified form with a classified annex.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(2) Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Homeland
Security of the House of Representatives.
Subtitle D--Nuclear Forces
SEC. 1631. COLLECTION, STORAGE, AND SHARING OF DATA RELATING
TO NUCLEAR SECURITY ENTERPRISE.
(a) In General.--Chapter 24 of title 10, United States
Code, as amended by section 1624, is further amended by
adding at the end the following new section:
``Sec. 499a. Collection, storage, and sharing of data
relating to nuclear security enterprise
``(a) In General.--The Secretary of Defense, acting through
the Director of Cost Assessment and Program Evaluation, and
the Administrator for Nuclear Security, acting through the
Director for Cost Estimating and Program Evaluation, shall
jointly collect and store cost, programmatic, and technical
data relating to programs and projects of the nuclear
security enterprise.
``(b) Sharing of Data.--If the Director of Cost Assessment
and Program Evaluation or the Director for Cost Estimating
and Program Evaluation requests data relating to programs or
projects from any element of the Department of Defense or
from any element of the nuclear security enterprise of the
National Nuclear Security Administration, that element shall
provide that data in a timely manner.
``(c) Storage of Data.--
``(1) In general.--Data collected by the Director of Cost
Assessment and Program Evaluation and the Director for Cost
Estimating and Program Evaluation under this section shall
be--
``(A) stored in the data storage system of the Defense Cost
and Resource Center or in a data storage system of the
National Nuclear Security Administration that is equivalent
to the data storage system of the Defense Cost and Resource
Center; and
``(B) made accessible to other Federal agencies as such
Directors consider appropriate.
``(2) Availability of resources.--The Secretary and the
Administrator shall ensure that the Director of Cost
Assessment and Program Evaluation and the Director for Cost
Estimating and Program Evaluation have sufficient information
system support, as determined by such Directors, to
facilitate the timely hosting, handling, and sharing of data
relating to programs and projects of the nuclear security
enterprise under this section at the appropriate level of
classification.
``(3) Coordination with office of naval reactors.--The
Deputy Administrator for Naval Reactors of the National
Nuclear Security Administration shall coordinate with the
Director of Cost Assessment and Program Evaluation and the
Director for Cost Estimating and Program Evaluation to ensure
that data relating to programs and projects of the Office of
Naval Reactors are correctly represented in the data storage
system of the Defense Cost and Resource Center and the data
storage system of the National Nuclear Security
Administration described in paragraph (1)(A).
``(d) Contract Requirements.--The Secretary and the
Administrator shall ensure that any contract relating to a
program or project of the nuclear security enterprise that is
entered into on or after the date of the enactment of this
section includes--
``(1) requirements and standards for data collection; and
``(2) requirements for reporting on cost, programmatic, and
technical data using procedures, standards, and formats
approved by the Director of Cost Assessment and Program
Evaluation and the Director for Cost Estimating and Program
Evaluation.
``(e) Nuclear Security Enterprise Defined.--In this
section, the term `nuclear security enterprise' has the
meaning given that term in section 4002 of the Atomic Energy
Defense Act (50 U.S.C. 2501).''.
(b) Clerical Amendment.--The table of sections for chapter
24 of such title is amended by inserting after the item
relating to section 499, as added by section 1624, the
following new item:
``499a. Collection, storage, and sharing of data relating to nuclear
security enterprise.''.
SEC. 1632. ESTABLISHMENT OF PROCEDURES FOR IMPLEMENTATION OF
NUCLEAR ENTERPRISE REVIEW.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
issue a final Department of Defense Instruction establishing
procedures for the long-term implementation of the
recommendations contained in the Independent Review of the
Department of Defense Nuclear Enterprise, dated June 2, 2014.
(b) Submission to Congress.--The Secretary shall submit the
final instruction required by subsection (a) to the
congressional defense committees not later than 30 days after
issuing the instruction.
(c) Review by Government Accountability Office.--Not later
than 90 days after the Secretary issues the final instruction
required by subsection (a), the Comptroller General of the
United States shall submit to the congressional defense
committees a report reviewing the instruction for its
consistency with the recommendations contained in the report
of the Government Accountability Office entitled, ``Defense
Nuclear Enterprise: DOD has Established Processes for
Implementing and Tracking Recommendations to Improve
Leadership Morale and Operations'', dated July 14, 2016 (GAO-
16-957R).
SEC. 1633. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF
INTERCONTINENTAL BALLISTIC MISSILES.
(a) Availability of Funds.--Notwithstanding section 1502(a)
of title 31, United States Code, of the amount authorized to
be appropriated for fiscal year 2018 by section 101 and
available for Missile Procurement, Air Force, as specified in
the funding table in section 4101, $6,334,000 shall be
available for the procurement of covered parts pursuant to
contracts entered into under section 1645(a) of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3651).
(b) Covered Parts Defined.--In this section, the term
``covered parts'' means commercially available off-the-shelf
items as defined in section 104 of title 41, United States
Code.
SEC. 1634. EXECUTION AND PROGRAMMATIC OVERSIGHT OF NUCLEAR
COMMAND, CONTROL, AND COMMUNICATIONS PROGRAMS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Chief Information Officer of
the Department of Defense, as Executive Secretary of the
Council on Oversight of the National Leadership Command,
Control, and Communications System established under section
171a of title 10, United States Code (or a successor to the
Chief Information Officer assigned responsibility for policy,
oversight, guidance, and coordination for nuclear command and
control systems), shall, in coordination with the Under
Secretary of Defense for Acquisition and Sustainment, develop
a database relating to the execution of all nuclear command,
control, and communications acquisition programs of the
Department of Defense with an approved Materiel Development
Decision. The database shall be updated not less frequently
than annually and upon completion of a major program element
of such a program.
(b) Database Elements.--The database required by subsection
(a) shall include, at a minimum, the following elements for
each program described in that subsection, consistent with
Department of Defense Instruction 5000.02:
(1) Projected dates for Milestones A, B and C, including
cost thresholds and objectives for major elements of life
cycle cost.
(2) Projected dates for program design reviews and critical
design reviews.
(3) Projected dates for developmental and operation tests.
(4) Projected dates for initial operational capability and
final operational capability.
(5) An acquisition program baseline.
(6) Program acquisition unit cost and average procurement
unit cost.
(7) Contract type.
(8) Key performance parameters.
(9) Key system attributes.
(10) A risk register.
(11) Technology readiness levels.
(12) Manufacturing readiness levels.
(13) Integration readiness levels.
(14) Any other critical elements that affect the stability
of the program.
(c) Briefings.--The co-chairs of the Council on Oversight
of the National Leadership Command, Control, and
Communications System shall brief the congressional defense
committees on the status of the database required by
subsection (a)--
(1) not later than 180 days after the date of the enactment
of this Act; and
(2) upon completion of the database.
[[Page S5974]]
SEC. 1635. MEASURES IN RESPONSE TO NONCOMPLIANCE OF THE
RUSSIAN FEDERATION WITH ITS OBLIGATIONS UNDER
THE INF TREATY.
(a) Statement of United States Policy.--It is the policy of
the United States that, for so long as the Russian Federation
remains in noncompliance with the INF Treaty, the United
States should take actions to bring the Russian Federation
back into compliance, including--
(1) providing additional funds for the activities and
systems identified in section 1243(d) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1062); and
(2) the establishment of a research and development program
for a dual-capable road-mobile ground-launched missile system
with a maximum range of 5,500 kilometers.
(b) Report Required.--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 cost and schedule for, and feasibility of, modifying
United States missile systems in existence as of such date of
enactment for ground launch with a range of between 500 and
5,500 kilometers, including the Tomahawk Cruise Missile, the
Standard Missile-3, the Standard Missile-6, the Long-Range
Stand-Off Cruise Missile, and the Army Tactical Missile
System, as compared with the cost and schedule for, and
feasibility of, developing a new ground-launched missile
using new technology with the same range.
(c) Authorization of Appropriations.--None of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2018 for a research and development
program for a dual-capable road-mobile ground-launched
missile system with a maximum range of 5,500 kilometers may
be obligated or expended until the report required by
subsection (b) is received by the congressional defense
committees.
(d) INF Treaty Defined.--In this section, the term ``INF
Treaty'' means the Treaty between the United States of
America and the Union of Soviet Socialist Republics on the
Elimination of their Intermediate-Range and Shorter-Range
Missiles, signed at Washington December 8, 1987, and entered
into force June 1, 1988.
SEC. 1636. CERTIFICATION THAT THE NUCLEAR POSTURE REVIEW
ADDRESSES DETERRENT EFFECT AND OPERATION OF
UNITED STATES NUCLEAR FORCES IN CURRENT AND
FUTURE SECURITY ENVIRONMENTS.
(a) Findings.--Congress finds that, between the publication
of the Nuclear Posture Review in 2010 and the date of the
enactment of this Act--
(1) North Korea has--
(A) conducted at least three nuclear tests;
(B) tested missiles that may be capable of reaching United
States territory in the Pacific Ocean; and
(C) continued to develop a missile that could strike
targets in the United States homeland;
(2) the Russian Federation has--
(A) not complied with either the spirit or the letter of
bilateral treaties with the United States related to nuclear
weapons;
(B) continued to expand and diversify its arsenal of non-
strategic nuclear weapons;
(C) threatened to add allies of the United States hosting
missile defense shields to its list of nuclear targets; and
(D) demonstrated willful disregard for the sovereign
territory of a neighboring country;
(3) Iran has--
(A) according to the International Atomic Energy Agency,
exceeded limits on sensitive materials under the Joint
Comprehensive Plan of Action, agreed to at Vienna on July 14,
2015, by Iran and by the People's Republic of China, France,
Germany, the Russian Federation, the United Kingdom, and the
United States; and
(B) continued to advance a ballistic missile program that
has been condemned by the United Nations;
(4) the People's Republic of China has--
(A) built up military outposts on artificial islands in the
South China Sea;
(B) mass-produced missiles capable of striking United
States aircraft carriers and military installations in the
Pacific;
(C) expanded its delivery systems to include ballistic
missile submarines, which can hold the United States homeland
at risk and potentially can destabilize the strategic
stability of Southeast Asia; and
(D) continued to test anti-satellite weapons, according to
the Department of State; and
(5) advances in technology and capabilities related to the
cyber domain, applications of artificial intelligence, and
space have further complicated the delicate balance of
deterrence that has been in place since the Cold War.
(b) Sense of Congress.--It is the sense of Congress that--
(1) given the developments in the international security
environment described in subsection (a), it is critical to
the national security of the United States to maintain a
nuclear force that is effective for both deterrence of
adversaries and assurance of allies of the United States;
(2) an effective force for deterrence and assurance should
be flexible, in order to respond to different contingencies,
as well as resilient, to operate as planned under stress; and
(3) in order to do so, the United States should continue to
pursue the timely modernization of all three legs of the
nuclear triad, the Long-Range Stand-Off weapon, tactical
nuclear capabilities, and nuclear command and control
systems, as well as weapons and infrastructure maintained by
the National Nuclear Security Administration.
(c) Certification Required.--Not later than 30 days after
completing the first Nuclear Posture Review after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a
certification that the Nuclear Posture Review accounts for--
(1) with respect to the nuclear capabilities of the United
States as of such date of enactment--
(A) the ability of such capabilities to deter adversaries
of the United States that possess nuclear weapons or may
possess such weapons in the future;
(B) the ability of the United States to operate in a major
regional conflict that involves nuclear weapons;
(C) the ability and preparedness of forward-deployed
members of the Armed Forces to operate in a nuclear
environment; and
(D) weapons, equipment, and training or conduct that would
improve the abilities described in subparagraphs (A), (B),
and (C);
(2) with respect to the nuclear capabilities of the United
States projected over the 10-year period beginning on such
date of enactment--
(A) the projected ability of such capabilities to deter
adversaries of the United States that possess nuclear weapons
or may possess such weapons in the future;
(B) the projected ability of the United States to operate
in a major regional conflict that involves nuclear weapons;
(C) the projected ability and preparedness of forward-
deployed members of the Armed Forces to operate in a nuclear
environment; and
(D) weapons, equipment, and training or conduct that would
improve the abilities described in subparagraphs (A), (B),
and (C); and
(3) any actions that could be taken by the Secretary of
Defense or the Administrator for Nuclear Security in the near
and medium terms to decrease the risk posed by possible
additional changes to the security environment related to
nuclear weapons in the future.
(d) Form of Certification.--The certification required by
subsection (c) may be submitted to the congressional defense
committees in classified form.
SEC. 1637. PLAN TO MANAGE INTEGRATED TACTICAL WARNING AND
ATTACK ASSESSMENT SYSTEM AND MULTI-DOMAIN
SENSORS.
(a) Plan Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of the Air Force
shall develop a plan to manage the Air Force missile warning
elements of the Integrated Tactical Warning and Attack
Assessment System as a weapon system consistent with Air
Force Policy Directive 10-9, entitled ``Lead Command
Designation and Responsibilities for Weapon Systems'' and
dated March 8, 2007.
(b) Multi-domain Sensor Management and Exploitation.--
(1) In general.--The plan required by subsection (a) shall
include a long-term plan to manage all available sensors for
multi-domain exploitation against modern and emergent threats
in order to provide comprehensive support for integrated
tactical warning and attack assessment, missile defense, and
space situational awareness.
(2) Coordination with other agencies.--In developing the
plan required by paragraph (1), the Secretary shall--
(A) coordinate with the Secretary of the Army, the
Secretary of the Navy, the Director of the Missile Defense
Agency, and the Director of the National Reconnaissance
Office; and
(B) solicit comments on the plan, if any, from the
Commander of the United States Strategic Command and the
Commander of the United States Northern Command.
(c) Submission to Congress.--Not later than 14 months after
the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees--
(1) the plan required by subsection (a); and
(2) the comments from the Commander of the United States
Strategic Command and the Commander of the United States
Northern Command, if any, on the plan required by subsection
(b)(1).
SEC. 1638. CERTIFICATION REQUIREMENT WITH RESPECT TO
STRATEGIC RADIATION HARDENED TRUSTED FOUNDRY.
Not later than December 31, 2020, the Secretary of Defense
shall submit to the congressional defense committees a
certification that a strategic radiation hardened trusted
foundry, consistent with Department of Defense Instruction
5200.44, is operational and capable of supplying necessary
microelectronic components for necessary radiation
environments involved with the acquisition of delivery
systems for nuclear weapons.
SEC. 1639. REQUIREMENTS FOR NUCLEAR POSTURE REVIEW.
(a) Incorporation of Stakeholder Views.--In preparing the
Nuclear Posture Review, the Secretary of Defense shall fully
incorporate input and views from all relevant stakeholders in
the United States Government, including the Secretary of
Energy, the Secretary of State, the Administrator for Nuclear
Security, and the heads of components of the Department of
State, the Department of Energy, and the National Nuclear
Security Administration with responsibility for negotiating
and verifying compliance with international arms control
initiatives.
(b) Availability.--The Secretary of Defense shall ensure
that--
(1) the Nuclear Posture Review is submitted, in its
entirety, to the President and the congressional defense
committees; and
(2) an unclassified version of the Nuclear Posture Review
is made available to the public.
SEC. 1640. SENSE OF CONGRESS ON NUCLEAR POSTURE REVIEW.
It is the sense of Congress that the Nuclear Posture Review
should--
(1) take into account the obligations of the United States
under treaties ratified by and with the advice and consent of
the Senate; and
(2) examine the tools required to sustain the stockpile
stewardship program under section
[[Page S5975]]
4201 of the Atomic Energy Defense Act (50 U.S.C. 2521) in the
future to ensure the safety, security, and effectiveness of
the nuclear arsenal of the United States.
Subtitle E--Missile Defense Programs
SEC. 1651. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND
ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CO-
DEVELOPMENT AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2018 for procurement, Defense-wide, and available
for the Missile Defense Agency, not more than $92,000,000 may
be provided to the Government of Israel to procure Tamir
interceptors for the Iron Dome short-range rocket defense
system through co-production of such interceptors in the
United States by industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be
available subject to the terms and conditions in the
Agreement Between the Department of Defense of the United
States of America and the Ministry of Defense of the State of
Israel Concerning Iron Dome Defense System Procurement,
signed on March 5, 2014, as amended to include co-production
for Tamir interceptors. In negotiations by the Missile
Defense Agency and the Missile Defense Organization of the
Government of Israel regarding such production, the goal of
the United States is to maximize opportunities for co-
production of the Tamir interceptors described in paragraph
(1) in the United States by industry of the United States.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Director of the Missile Defense Agency and the Under
Secretary of Defense for Acquisition and Sustainment shall
jointly submit to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement; and
(ii) an assessment detailing any risks relating to the
implementation of such agreement.
(b) Israeli Cooperative Missile Defense Program, David's
Sling Weapon System Co-production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2018 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $120,000,000 may be provided to
the Government of Israel to procure the David's Sling Weapon
System, including for co-production of parts and components
in the United States by United States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and production readiness reviews required by the
research, development, and technology agreement and the
bilateral co-production agreement for the David's Sling
Weapon System;
(B) funds specified in paragraph (1) will be provided on
the basis of a one-for-one cash match made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel); and
(C) the level of co-production of parts, components, and
all-up rounds (if appropriate) in the United States by United
States industry for the David's Sling Weapon System is not
less than 50 percent.
(c) Israeli Cooperative Missile Defense Program, Arrow 3
Upper Tier Interceptor Program Co-production.--
(1) In general.--Subject to paragraphs (2) and (3), of the
funds authorized to be appropriated for fiscal year 2018 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $120,000,000 may be provided to
the Government of Israel for the Arrow 3 Upper Tier
Interceptor Program, including for co-production of parts and
components in the United States by United States industry.
(2) Limitation on funding.--None of the funds authorized to
be appropriated in paragraph (1) may be obligated or expended
until 30 days after the successful completion of two flight
tests at a test range in the United States to validate Arrow
Weapon System capabilities and interoperability with
ballistic missile system components of the United States.
(3) Certification.--
(A) Criteria.--Except as provided by paragraph (4), the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional committees a
certification that--
(i) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and production readiness reviews required by the
research, development, and technology agreements for the
Arrow 3 Upper Tier Development Program;
(ii) funds specified in paragraph (1) will be provided on
the basis of a one-for-one cash match made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel);
(iii) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--
(I) in accordance with clause (iv), the terms of co-
production of parts and components on the basis of the
greatest practicable co-production of parts, components, and
all-up rounds (if appropriate) by United States industry and
minimizes nonrecurring engineering and facilitization
expenses to the costs needed for co-production;
(II) complete transparency on the requirement of Israel for
the number of interceptors and batteries that will be
procured, including with respect to the procurement plans,
acquisition strategy, and funding profiles of Israel;
(III) technical milestones for co-production of parts and
components and procurement;
(IV) a joint affordability working group to consider cost
reduction initiatives; and
(V) joint approval processes for third-party sales; and
(iv) the level of co-production described in clause
(iii)(I) for the Arrow 3 Upper Tier Interceptor Program is
not less than 50 percent.
(4) Waiver.--The Under Secretary may waive the
certification required by paragraph (3) if the Under
Secretary certifies to the appropriate congressional
committees that the Under Secretary has received sufficient
data from the Government of Israel to demonstrate--
(A) the funds specified in paragraph (1) are provided to
Israel solely for funding the procurement of long-lead
components and critical hardware in accordance with a
production plan, including a funding profile detailing
Israeli contributions for production, including long-lead
production, of the Arrow 3 Upper Tier Interceptor Program;
(B) such long-lead components have successfully completed
knowledge points, technical milestones, and production
readiness reviews; and
(C) the long-lead procurement will be conducted in a manner
that maximizes co-production in the United States without
incurring nonrecurring engineering activity or cost other
than such activity or cost required for suppliers of the
United States to start or restart production in the United
States.
(d) Number.--In carrying out paragraph (2) of subsection
(b) and paragraph (3) of subsection (c), the Under Secretary
may submit--
(1) one certification covering both the David's Sling
Weapon System and the Arrow 3 Upper Tier Interceptor Program;
or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the
congressional defense committees the certifications under
paragraph (2) of subsection (b) and paragraph (3) of
subsection (c) by not later than 60 days before the funds
specified in paragraph (1) of subsections (b) and (c) for the
respective system covered by the certification are provided
to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1652. DEVELOPMENT OF PERSISTENT SPACE-BASED SENSOR
ARCHITECTURE.
(a) In General.--Unless otherwise directed or recommended
by the Ballistic Missile Defense Review (BMDR), the Director
of the Missile Defense Agency shall develop, using sound
acquisition practices, a highly reliable and cost-effective
persistent space-based sensor architecture capable of
supporting the ballistic missile defense system.
(b) Testing and Deployment.--The Director shall ensure that
the sensor architecture developed under subsection (a) is
rigorously tested before final production decisions or
operational deployment.
(c) Functions.--The sensor architecture developed under
subsection (a) shall include one or more of the following
functions:
(1) Control of increased raid sizes.
(2) Precision tracking of threat missiles.
(3) Fire-control-quality tracks of evolving threat
missiles.
(4) Enabling of launch-on-remote and engage-on-remote
capabilities.
(5) Discrimination of warheads.
(6) Effective kill assessment.
(7) Enhanced shot doctrine.
(8) Integration with the command, control, battle
management, and communication program of the ballistic
missile defense system.
(9) Integration with all other elements of the current
ballistic missile defense system, including the Terminal High
Altitude Area Defense, Aegis Ballistic Missile Defense, Aegis
Ashore, and Patriot Air and Missile Defense Systems.
(10) Such additional functions as determined by the
Ballistic Missile Defense Review.
(d) Cost Estimates.--Whenever the Director develops a cost
estimate for the sensor architecture required by subsection
(a), the Director shall use--
(1) the cost-estimating and assessment guide of the
Government Accountability Office entitled ``GAO Cost
Estimating and Assessment Guide'' (GAO-09-3SP), or a
successor guide; or
(2) the most current operating and support cost-estimating
guide of the Office of Cost Assessment and Program Evaluation
(CAPE).
SEC. 1653. GROUND-BASED INTERCEPTOR CAPABILITY, CAPACITY, AND
RELIABILITY.
(a) Sense of the Senate.--It is the sense of the Senate
that it is the policy of the United States to maintain and
improve, with the allies of the United States, an effective,
robust layered missile defense system capable of defending
the citizens of the United States residing in territories and
States of the United States, allies of the United States, and
deployed Armed Forces of the United States.
(b) Increase in Capacity and Continued Advancement.--The
Secretary of Defense shall--
(1) subject to the annual authorization of appropriations
and the annual appropriation of
[[Page S5976]]
funds for National Missile Defense, increase the number of
United States ground-based interceptors, unless otherwise
directed by the Ballistic Missile Defense Review, by up to
28;
(2) develop a plan to further increase such number to the
currently available missile field capacity of 104 and to plan
for any future capacity at any site that may be identified by
the Ballistic Missile Defense Review; and
(3) continue to rapidly advance missile defense
technologies to improve the capability and reliability of the
ground-based midcourse defense element of the ballistic
missile defense system.
(c) Deployment.--Not later than December 31, 2021, the
Secretary of Defense shall--
(1) execute any requisite construction to ensure that
Missile Field 1 or Missile Field 2 at Fort Greely or
alternative missile fields at Fort Greely which may be
identified pursuant to subsection (b), are capable of
supporting and sustaining additional ground-based
interceptors;
(2) deploy up to 14 additional ground-based interceptors to
Missile Field 1 or up to 20 additional ground-based
interceptors to an alternative missile field at Fort Greely
as soon as technically feasible; and
(3) identify a ground-based interceptor stockpile storage
site for the remaining ground-based interceptors required by
subsection (b).
(d) Report.--
(1) In general.--Unless otherwise directed or recommended
by the Ballistic Missile Defense Review (BMDR), the Director
of the Missile Defense Agency shall submit to the
congressional defense committees, not later than 90 days
after the completion of the Ballistic Missile Defense Review,
a report on options to increase the capability, capacity, and
reliability of the ground-based midcourse defense element of
the ballistic missile defense system and the infrastructure
requirements for increasing the number of ground-based
interceptors in currently feasible locations across the
United States.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An identification of potential sites in the United
States, whether existing or new on the East Coast or in the
Midwest, for the deployment of 104 ground-based interceptors.
(B) A cost-benefit analysis of each such site, including
tactical, operational, and cost-to-construct considerations.
(C) A description of any completed and outstanding
environmental assessments or impact statements for each such
site.
(D) A description of the existing capacity of the missile
fields at Fort Greely and the infrastructure requirements
needed to increase the number of ground-based interceptors to
20 ground-based interceptors each.
(E) A description of the additional infrastructure and
components needed to further outfit missile fields at Fort
Greely before emplacing additional ground-based interceptors
configured with the redesigned kill vehicle, including with
respect to ground excavation, silos, utilities, and support
equipment.
(F) A cost estimate of such infrastructure and components.
(G) An estimated schedule for completing such construction
as may be required for such infrastructure and components.
(H) An identification of any environmental assessments or
impact studies that would need to be conducted to expand such
missile fields at Fort Greely beyond current capacity.
(I) An operational evaluation and cost analysis of the
deployment of transportable ground-based interceptors,
including an identification of potential sites, including in
the eastern United States and at Vandenberg Air Force Base,
and an examination of any environmental, legal, or tactical
challenges associated with such deployments, including to any
sites identified in subparagraph (A).
(J) A determination of the appropriate fleet mix of ground-
based interceptor kill vehicles and boosters to maximize
overall system effectiveness and increase its capacity and
capability, including the costs and benefits of continued
inclusion of capability enhancement II (CE-II) Block 1
interceptors after the fielding of the redesigned kill
vehicle.
(K) A description of the planned improvements to homeland
ballistic missile defense sensor and discrimination
capabilities and an assessment of the expected operational
benefits of such improvements to homeland ballistic missile
defense.
(L) The benefit of supplementing ground-based midcourse
defense elements with other, more distributed, elements,
including both Aegis ships and Aegis Ashore installations
with Standard Missile-3 Block IIA and other interceptors in
Hawaii and at other locations for homeland missile defense.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 1654. SENSE OF THE SENATE ON THE STATE OF UNITED STATES
MISSILE DEFENSE.
It is the sense of the Senate that--
(1) the Secretary of Defense should use the Ballistic
Missile Defense Review (BMDR) to consider accelerating the
development of technologies that will increase the capacity,
capability, and reliability of the ground-based midcourse
defense element of the ballistic missile defense system;
(2) upon completion of the Ballistic Missile Defense
Review, the Director of the Missile Defense Agency should, to
the extent practicable and with sound acquisition practices,
accelerate the development, testing, and fielding of such
capabilities as they are prioritized in the Ballistic Missile
Defense Review, including the redesigned kill vehicle, the
multi-object kill vehicle, the C3 booster, a space-based
sensor layer, boost phase sensor and kill technologies, and
additional ground-based interceptors; and
(3) in order to achieve these objectives, and to avoid
post-production and post-deployment problems, it is essential
for the Department of Defense and the Missile Defense Agency
to follow a ``fly before you buy'' approach to adequately
test and assess the elements of the ballistic missile defense
system before final production decisions or operational
deployment.
SEC. 1655. SENSE OF THE SENATE AND REPORT ON GROUND-BASED
MIDCOURSE DEFENSE TESTING.
(a) Sense of the Senate.--It is the sense of the Senate
that--
(1) at a minimum, the Missile Defense Agency should
continue to flight test the ground-based midcourse defense
element at least once each fiscal year;
(2) the Department of Defense should allocate increased
funding to homeland missile defense testing to ensure that
our defenses continue to evolve faster than the threats
against which they are postured to defend;
(3) in order to rapidly innovate, develop, and field new
technologies, the Director of the Missile Defense Agency
should continue to focus testing campaigns on delivering
increased capabilities to the Armed Forces as quickly as
possible; and
(4) the Director of the Missile Defense Agency should seek
to establish a more prudent balance between risk mitigation
and the more rapid testing pace needed to quickly develop and
deliver new capabilities to the Armed Forces.
(b) Report to Congress.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Missile
Defense Agency shall submit to the congressional defense
committees a revised missile defense testing campaign plan
that accelerates the development and deployment of new
missile defense technologies.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A detailed analysis of the acceleration of each of
following programs:
(i) Redesigned kill vehicle.
(ii) Multi-object kill vehicle.
(iii) Configuration-3 Booster.
(iv) Lasers mounted on small unmanned aerial vehicles.
(v) Space-based missile defense sensor architecture.
(vi) Such additional technologies as the Director considers
appropriate.
(B) A new deployment timeline for each of the programs in
listed in subparagraph (A) or a detailed description of why
the current timeline for deployment technologies under those
programs is most suitable.
(C) An identification of any funding or policy restrictions
that would slow down the deployment of the technologies under
the programs listed in subparagraph (A).
(D) A risk assessment of the potential cost-overruns and
deployment delays that may be encountered in the expedited
development process of the capabilities under paragraph (1).
(c) Report on Funding Profile.--The Director shall include
with the budget justification materials submitted to Congress
in support of the budget of the Department of Defense for
fiscal year 2019 (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) a report on the funding profile necessary for the new
testing campaign plan required by subsection (b)(1).
Subtitle F--Cyber Scholarship Opportunities
SEC. 1661. SHORT TITLE.
This subtitle may be cited as the ``Cyber Scholarship
Opportunities Act of 2017''.
SEC. 1662. COMMUNITY COLLEGE CYBER PILOT PROGRAM AND
ASSESSMENT.
(a) Pilot Program.--Not later than 1 year after the date of
enactment of this subtitle, as part of the Federal Cyber
Scholarship-for-Service program established under section 302
of the Cybersecurity Enhancement Act of 2014 (15 U.S.C.
7442), the Director of the National Science Foundation, in
coordination with the Director of the Office of Personnel
Management, shall develop and implement a pilot program at
not more than 10, but at least 5, community colleges to
provide scholarships to eligible students who--
(1) are pursuing associate degrees or specialized program
certifications in the field of cybersecurity; and
(2)(A) have bachelor's degrees; or
(B) are veterans of the armed forces.
(b) Assessment.--Not later than 1 year after the date of
enactment of this subtitle, as part of the Federal Cyber
Scholarship-for-Service program established under section 302
of the Cybersecurity Enhancement Act of 2014 (15 U.S.C.
7442), the Director of the National Science Foundation, in
coordination with the Director of the Office of Personnel
Management, shall assess the potential benefits and
feasibility of providing scholarships through community
colleges to eligible students who are pursuing associate
degrees, but do not have bachelor's degrees.
SEC. 1663. FEDERAL CYBER SCHOLARSHIP-FOR SERVICE PROGRAM
UPDATES.
(a) In General.--Section 302 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7442) is amended--
(1) by striking subsection (b)(3) and inserting the
following:
``(3) prioritize the employment placement of at least 80
percent of scholarship recipients in an executive agency (as
defined in section 105 of title 5, United States Code); and
``(4) provide awards to improve cybersecurity education at
the kindergarten through grade 12 level--
``(A) to increase interest in cybersecurity careers;
``(B) to help students practice correct and safe online
behavior and understand the foundational principles of
cybersecurity;
``(C) to improve teaching methods for delivering
cybersecurity content for kindergarten
[[Page S5977]]
through grade 12 computer science curricula; and
``(D) to promote teacher recruitment in the field of
cybersecurity.'';
(2) by amending subsection (d) to read as follows:
``(d) Post-award Employment Obligations.--Each scholarship
recipient, as a condition of receiving a scholarship under
the program, shall enter into an agreement under which the
recipient agrees to work for a period equal to the length of
the scholarship, following receipt of the student's degree,
in the cybersecurity mission of--
``(1) an executive agency (as defined in section 105 of
title 5, United States Code);
``(2) Congress, including any agency, entity, office, or
commission established in the legislative branch;
``(3) an interstate agency;
``(4) a State, local, or tribal government; or
``(5) a State, local, or tribal government-affiliated non-
profit that is considered to be critical infrastructure (as
defined in section 1016(e) of the USA Patriot Act (42 U.S.C.
5195c(e)).'';
(3) in subsection (f)--
(A) by amending paragraph (3) to read as follows:
``(3) have demonstrated a high level of competency in
relevant knowledge, skills, and abilities, as defined by the
national cybersecurity awareness and education program under
section 401;''; and
(B) by amending paragraph (4) to read as follows:
``(4) be a full-time student in an eligible degree program
at a qualified institution of higher education, as determined
by the Director of the National Science Foundation, except
that in the case of a student who is enrolled in a community
college, be a student pursuing a degree on a less than full-
time basis, but not less than half-time basis; and''; and
(4) by amending subsection (m) to read as follows:
``(m) Public Information.--
``(1) Evaluation.--The Director of the National Science
Foundation, in coordination with the Director of the Office
of Personnel Management, shall periodically evaluate and make
public, in a manner that protects the personally identifiable
information of scholarship recipients, information on the
success of recruiting individuals for scholarships under this
section and on hiring and retaining those individuals in the
public sector cyber workforce, including on--
``(A) placement rates;
``(B) where students are placed, including job titles and
descriptions;
``(C) student salary ranges for students not released from
obligations under this section;
``(D) how long after graduation they are placed;
``(E) how long they stay in the positions they enter upon
graduation;
``(F) how many students are released from obligations; and
``(G) what, if any, remedial training is required.
``(2) Reports.--The Director of the National Science
Foundation, in coordination with the Office of Personnel
Management, shall submit, at least once every 3 years, to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives a report, including the results
of the evaluation under paragraph (1) and any recent
statistics regarding the size, composition, and educational
requirements of the Federal cyber workforce.
``(3) Resources.--The Director of the National Science
Foundation, in coordination with the Director of the Office
of Personnel Management, shall provide consolidated and user-
friendly online resources for prospective scholarship
recipients, including, to the extent practicable--
``(A) searchable, up-to-date, and accurate information
about participating institutions of higher education and job
opportunities related to the field of cybersecurity; and
``(B) a modernized description of cybersecurity careers.''.
(b) Savings Provision.--Nothing in this section, or an
amendment made by this section, shall affect any agreement,
scholarship, loan, or repayment, under section 302 of the
Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442), in
effect on the day before the date of enactment of this
subtitle.
SEC. 1664. CYBERSECURITY TEACHING.
Section 10(i) of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-1(i)) is amended--
(1) by amending paragraph (5) to read as follows:
``(5) the term `mathematics and science teacher' means a
science, technology, engineering, mathematics, or computer
science, including cybersecurity, teacher at the elementary
school or secondary school level;''; and
(2) by amending paragraph (7) to read as follows:
``(7) the term `science, technology, engineering, or
mathematics professional' means an individual who holds a
baccalaureate, master's, or doctoral degree in science,
technology, engineering, mathematics, or computer science,
including cybersecurity, and is working in or had a career in
such field or a related area; and''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2018''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Five Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVII for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 2022; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2023.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2022; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2023 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
(c) Extension of Authorizations of Fiscal Year 2016 and
Fiscal Year 2017 Projects.--
(1) Fiscal year 2016 projects.--Section 2002 of the
Military Construction Authorization Act for Fiscal Year 2016
(division B of Public Law 114-92; 129 Stat. 1145) is
amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``2018'' and inserting
``2020''; and
(ii) in paragraph (2), by striking ``2019'' and inserting
``2021''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``2018'' and inserting
``2020''; and
(ii) in paragraph (2), by striking ``2019'' and inserting
``2021''.
(2) Fiscal year 2017 projects.--Section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 129 Stat. 1145) is
amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``2019'' and inserting
``2021''; and
(ii) in paragraph (2), by striking ``2020'' and inserting
``2022''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``2019'' and inserting
``2021''; and
(ii) in paragraph (2), by striking ``2020'' and inserting
``2022''.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII and title XXIX shall take effect
on the later of--
(1) October 1, 2017; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Fort Rucker...................................... $38,000,000
Arizona..................................... Davis-Monthan Air Force Base..................... $22,000,000
Fort Huachuca.................................... $30,000,000
California.................................. Fort Irwin....................................... $3,000,000
Colorado.................................... Fort Carson...................................... $29,300,000
Florida..................................... Eglin Air Force Base............................. $18,000,000
Georgia..................................... Fort Benning..................................... $38,800,000
Fort Gordon...................................... $51,500,000
Hawaii...................................... Pohakuloa Training Area.......................... $25,000,000
Indiana..................................... Crane Army Ammunition Plant...................... $24,000,000
New York.................................... United States Military Academy................... $22,000,000
South Carolina.............................. Fort Jackson..................................... $60,000,000
Shaw Air Force Base.............................. $25,000,000
[[Page S5978]]
Texas....................................... Camp Bullis...................................... $13,600,000
Fort Hood........................................ $70,000,000
Virginia.................................... Joint Base Langley-Eustis........................ $34,000,000
Joint Base Myer-Henderson........................ $20,000,000
Washington.................................. Yakima........................................... $19,500,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Army may acquire real
property and carry out the military construction project for
the installations or locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Germany....................................... Stuttgart...................................... $40,000,000
Weisbaden...................................... $43,000,000
Korea......................................... Kunsan Air Base................................ $53,000,000
Turkey........................................ Various Locations.............................. $6,400,000
----------------------------------------------------------------------------------------------------------------
(c) Certification Requirement for Certain Projects.--The
Secretary of the Army may not exercise the authority provided
under subsection (a) with respect to the Fort Rucker,
Alabama, or the Fort Benning, Georgia, projects set forth in
the table under such subsection unless the Secretary of
Defense, without delegation, certifies to the congressional
defense committees that such project is essential for Army
training.
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2103(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following
table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Georgia................................ Fort Gordon................ Family Housing New $6,100,000
Construction............
Germany................................ South Camp Vilseck......... Family Housing New $22,445,000